Egyptian-Hebrew stream·Mishnah·Berakhot — Chapter III

Source context

Theme

oral transmission and legal ruling within Tannaitic halakhic discourse

Steiner

not engaged in the GA corpus

Cross-tradition

• Tannaitic oral tradition (Mishnaic)The Mishnaic method of preserving oral rulings through structured repetition (shanah) parallels other ancient mnemonic-legal corpora in which precise verbal formulation safeguards transmitted doctrine across generations.

Chapter III

CHAPTER III.

§ 1. He whose dead lieth before him, is exempt from saying the ‏שמע‎, from the ‏תפלה‎ [prayer], and from ‏תפלין‎ [phylacteries]. Those who carry the bier, those who relieve them, and those who relieve the relief,—such as go before the bier, and such as go after it [whose services] are required for the bier—are all exempt [from] saying [the ‏שמע‎]. But those [whose services] are not required for the bier are bound [to say ‏שמע‎]. Both are alike exempt from the ‏תפלה‎ [prayer].

§ 2. When they have buried the dead and return, if they have time to begin and end [any entire section of the ‏שמע‎] before they

reach the files, 1 they are to begin: if not, they are not to begin. Of those who stand in the files, the inner ones are exempt, but the outer ones are bound to say the ‏שמע‎.

3Women, slaves, and minors are exempt from saying the ‏שמע‎, and also from ‏תפלין‎ [phylacteries]; but they are bound [to observe] the ‏תפלה‎ [prayer] the ‏מזוזה‎ [inscription on the door-post], and the grace after meat.
§ 4. A man who is unclean from seminal emission [without carnal copulation], is to meditate inwardly on the ‏שמע‎, but does not pronounce the benedictions before or after it. At his meals he says grace after meat, but not before. R. Jehudah saith, "He says grace both before and after meat." § 5. If he stands in the ‏תפלה‎ [prayer], and recollects that he is unclean from seminal emission, he is not to break off [at once], but to shorten [the prayer]. If he has stepped into the water [to bathe 2] should he have time [sufficient] to ascend, to cover [his nakedness], and to say the ‏שמע‎ before the sun shines forth [over the mountain tops], he is to ascend, to cover himself, and to say the ‏שמע‎. If not, he is to cover himself with water, and to say it. But he is not to cover himself with foul water, or such water as [any substance has been] dissolved in, unless he has poured clean water to it. At what distance is he to keep from [such] foul water, or from [any] excrement? 4 amoth [cubits]. § 6. A man who has a running issue [blenorrhagia], and experiences seminal emission; a woman who, having the flowers, emits semen ‏והמשמשת שראתה נדה‎, all require to bathe; but R. Jehudah declares them exempt.

Footnotes

5:1 After interring the dead, those who attended the funeral used, at some short distance from the grave, to form files or rows, through which the mourners passed to receive the customary condolence.

5:2 Lev. xv. 16.

Chapter III

CHAPTER III.

§ 1. In a garden bed that is six hands square, five different kinds of seed may be sown, namely, four kinds in the four corners of the bed, and the fifth in the centre. If the bed has a ridge [border], thirteen different kinds may be sown; three in each corner, and one in the middle of the bed; 1 but turnip-tops must be sown on the

ridge [border] as they fill it. R. Jehudah saith, "six different kinds [may be sown in the middle of the field]."

§ 2. All kinds of field seeds must not be sown in a garden bed; but all kind of herbs [garden seed] may be sown therein. Mustard and small peas are field seeds. Camel [large] peas are garden seed. A ridge [border] that had been one hand high, but is decreased in height, still remains [within the meaning and benefit of the law], because originally it had been of lawful height. In a trench or dry kennel, one hand deep, three different kinds of seed may be sown; namely, one [kind] on each side, and one [kind] in the middle.

§ 3. There is no legal objection, if the point of the angle of a field sown with herbs, enter into another herb field, because any one can see to which field the angle appertains. If, in a field sown with herbs of one kind, a man wishes to set one row of herbs of another species, R. Ishmael saith, "This can only be done if the open furrow [which separates the two kinds of herbs] traverse the whole length of the field [from top to bottom]. R. Akivah saith, "it [the furrow] needs but be six hands long, but must be as wide as it is deep." R. Jehudah saith, "it [the furrow] must be as wide as the sole of a man's foot."

§ 4. It is lawful for a man to set two rows of cucumbers, two rows of pumpkins, and two rows of Egyptian beans, [a furrow separating each kind from the other]; but a single row of cucumbers, one of pumpkins, and one of Egyptian beans, is prohibited. One row of cucumbers, one of pumpkins, one of Egyptian beans, and [then again] a row of cucumbers, are, according to R. Eleazar, permitted; but, according to the sages, prohibited.

§ 5. A man may plant cucumbers and pumpkins in the same cavity [hollow], provided that each kind incline towards its own side [of the cavity]. (Another reading has: "Care must, however, be taken, that the leaves of each kind incline toward its own side only; for all that the sages prohibited in this respect they did on the score of outward appearance only.")

§ 6. If a man's field have been set with onions, and he wish to plant rows of pumpkins in it, R. Ishmael saith, He must pull up [onions sufficient to make room for] two rows [of pumpkins], and [in the middle of that vacant space] he plants one row [of pumpkins]; he then leaves a plot of onions [equal to the] space [occupied by] two rows of pumpkins, and then [again pulls up onions sufficient to make room for] two rows [of pumpkins], in the middle of which space [he again] sows one row of pumpkins, [and so on

alternately. 2 But R. Akivah saith, "he pulls up [onions sufficient to make room for] two rows [of pumpkins] he then plants [these] two rows of pumpkins, leaves a plot of onions equal to the space occupied by two rows of pumpkins, and then again pulls up onions sufficient to make room for two rows of pumpkins, which [two rows] he sets in the vacant space, [and so on alternately]." But the sages say, "Unless there is a space of twelve cubits between each row of pumpkins, he is not permitted to let that which is between [the two rows] remain in the ground."

§ 7. Pumpkins [may be] planted next to garden seed, [as they] are likewise considered as a garden plant; but if [they are] planted next to corn, a space must be left fallow, of size sufficient to receive one quarter kab of seed corn. If, in a field sown with corn, it is wished to set one row of pumpkins, a clear space of six hands wide must be allowed for its cultivation: should it spread, the corn must be pulled up to make room for it. R. Jose saith: "a clear space, four amoth wide, must be left for its cultivation." They [the sages] objected, [saying], "Does this species [pumpkins] require greater rigour than the vine does?" but he, [R. José], replied, "We do find that this species [pumpkins] exacts a more- rigorous observance than the vine: for a single vine requires that a clear space, six hands wide, be allowed for its cultivation; whereas a single pumpkin must have a clear space, equal to a quarter kab, allowed for that purpose." R. Meir said, on the authority of R. Ishmael, "Whenever three [Greek] pumpkins are set in a field equal to a saah of seed corn, no other kind of seed must be sown [within that area]." R. Jose ben Hahoteph Ephrati said, on the authority of R. Ishmael, "If three [Greek] pumpkins are set in a field large enough to hold a kur [of seed corn], no other kind of seed may be sown within that area."

Footnotes

18:1 Namely, one kind on the even ground, one kind on the acclivity of the ridge, and one kind on the top.

20:2 The space required for each row of pumpkins is four cubits in width; thus there would he a distance of twelve cubits between each row of pumpkins.

Chapter III

CHAPTER III.

§ 1. On a double hearth [range], 1 cooked victuals may be put [shortly before the Sabbath], if it be heated with stubble or brushwood; [but if it be heated] with olive-kernels or wood, they must not put [victuals thereon], until [the lower compartment be] cleaned out, or covered with ashes. Beth Shammai hold [that] warm water [only], but not cooked victuals [may be placed on a hearth or range so heated]; but Beth Hillel hold, that [both] warm water and cooked victuals [may be placed thereon]. Beth Shammai hold that they [may] take [any thing] off [the hearth], but [must] not put [it] back [thereon]: but Beth Hillel hold that they may also put [it] back.

§ 2. If an oven is heated with stubble or brushwood, nothing must be put either into it or at the top of it. A single hearth which has been heated with stubble or with brushwood, is [considered] like a double one; but [if heated] with olive-kernels or wood, it is [considered] like an oven.

§ 3. An egg must not be put at the side of a hot kettle [on the Sabbath], that it become settled [done], nor must it be wrapped in

hot cloths [with that intention], nor must it be put into hot sand, or road-[side] dust, that it [the egg] be roasted [by the heat of the sun.]

§ 4. It once happened that the inhabitants of Tiberias carried a pipe of cold water through an arm [streamlet] of their hot-well; but the sages explained to them that on the Sabbath. [this water] like any [other that had been] heated on the Sabbath-day, is prohibited, either for washing or drinking; and that on festivals [this water] like any [other that had been] heated on the festival, is prohibited for washing, but permitted for drinking. A ‏מוליאר‎ 2 that has been cleansed of coals [it is lawful to] drink out of [on the Sabbath]; an ‏אנטיכי‎ 3 even though it has been cleansed of coals [it is] not lawful [to drink out of].

§ 5. [Into the kettle of] hot water, which has been removed [from the fire], man must not pour [a small quantity of] cold water that it get warm, but he may pour cold water into a kettle or goblet of warm water, to make that tepid. 4 Into a pot or kettle which has been moved [from the fire] boiling, he must not put spice; but he may put [spice to the warm victuals] in a dish or on a plate. R. Jehudah saith, "Into all [kinds of vessels] he may put spice, except into [such food] things as contain vinegar or bran."

§ 6. It is not lawful to put a vessel underneath a lamp to catch the oil [that drops], but if it has been [so] put while yet day [before the Sabbath come in], it is permitted to let it remain; [but the oil caught therein] no use must be made of, as it is not [part] of what was prepared [for the consumption of the Sabbath]. A new lamp may be moved [from one place to another], but not an old one [that has already been used]. R. José saith, "All lamps may be moved, except such as are alight for the Sabbath." A vessel may be placed under a lamp to catch the sparks, but no water must be put therein, as that extinguishes.

Footnotes

41:1 A hearth [range or stove] divided into two compartments: in the lower one fuel is put, and in the upper one there is room for two dishes.

42:2 A warming-pan with the receptacle for the coals at the side; the heat of such a pan is much less than that of an ‏אנטיכי‎.

42:3 A double warming pan, with the receptacle for coals between the two pans.

42:4 All regulations throughout this Treatise refer to the Sabbath only, unless where expressly stated to do otherwise.

Chapter III

CHAPTER III.

§ 1. With all kinds of nutriment the erub or junction may be effected, except with water and salt. All [kinds of nutriment] may be bought for the proceed of the second tithe, except water and salt. He who has vowed [to abstain] from food, is permitted [to partake] of salt and of water. The erub may be made for a nazir 1 with wine, and for a [common] Israelite 2 with heave-offering. Symmachus saith, "that ‏חולין‎ 3 [only must be used] for [the erub of a common] Israelite. The erub of a cohen 4a. [may be placed] on a spot which has formerly been used as a cemetery." R. José saith, "it may even [be placed] in an actual burying-ground, since he [the cohen] may go and eat it outside [the burying-ground].

§ 2. For the erub demai 5a may be used: first, tithes from which the heave-offering has been taken; and, second, tithes and consecrated things that have been redeemed; and for priests, ‏חלה‎, 6 and heave-offering.

[paragraph continues] But it is not lawful to use ‏טבל‎, 7 or first tithes, from which the heave-offering has not been taken; or second tithes, and consecrated things which have not been redeemed. Should any one send his erub by the hand of a deaf and dumb person, of an idiot, of a minor, or of one who does not acknowledge [the legal validity of] the erub, 8 it is not a [legal] erub: but if he has commissioned another [proper] person to receive it from [his messenger], it is a [legal] erub.

§ 3. If a man puts it [the erub] in a tree higher than ten hands from the ground, his erub is no [legal] erub; [but if he puts it] lower than ten hands, his erub is a [legal] erub. If he has put it into a pit, even though that be a hundred amoth deep, his erub is a [legal] erub. Should he put it on the top of a cane, or pole, that does not actually grow out of the ground, but is only stuck therein, even though it be a hundred amoth high, his erub is a [legal] erub. If he has put it into a cupboard, which he locked, and has lost the key, it is a [legal] erub. R. Eleazar saith, "If he does not know where the key is, it is not a [legal] erub." 9

§ 4. Should the erub roll [or be moved] out of the limit [of the Sabbath distance], or should a heap [of mould] fall on it, or should it be burned, or if heave-offering get unclean, [if either of all these take place] while yet day, [before the Sabbath comes in], it is not a [legal] erub; [but if it take place] after dusk, it is a [legal] erub. If [the time when it took place is] doubtful, R. Meir and R. Jehudah say, "This is [at once driving] an ass [and leading a] camel." 10 R. José and R. Simeon say, "A doubtful erub is good [in law]." R. José further said, "Abtolymus attested, on the authority of five elders, that a doubtful erub is good [in law]."

§ 5. A man may attach conditions 11 to his erub, and say, "If foes

come from the east, my erub [shall stand good] for the west; 12 [if they come] from the west, my erub [shall stand good] for the east; should they come from both sides, I [am at liberty to] go in what direction I please; should they not come from either side, I am like [the rest of] my townsmen; should a sage come from the east, my erub [shall stand good] for the west; 13 [should one come] from the west, my erub [shall stand good] for the east; [should one] come from each side, I [am at liberty to] go in which direction I please; [should] none [come] from either side, I am like the rest of my townsmen." R. Jehudah saith, "If one of them [the two sages who come] has been his teacher, he must go to meet his teacher; but if both have been his teachers, he goes in which direction he pleases."

§ 6. R. Eleazar saith, "When a festival follows next to a Sabbath, whether before or after it, a man prepares two erubin, and he may say, 'My first erub [is to stand good] for the east, and the second for the west; or the first for the west, and the second for the east. My erub [is to stand good for] the first [day]; and the second [day I am] like my townsmen; or my erub [is to stand good for] the second [day], but the first [day I am] like my townsmen.'" But the sages hold, "that he can [only] prepare his erub for one direction, or it does not stand good at all; [likewise] that he must prepare his erub for both days, or it does not stand good at all. But how must we do? He carries it [the erub] out [to the place where he means to deposit it] on the [eve of] the first [day of rest], and remains with it until dusk, when he carries it [back with him]. He then brings [the erub] out again on the second [day], remains with it till dark, and then eats it. It is found [that thus] he gains his walk [beyond the Sabbath-limit], and he gains by [eating] his erub. Should he eat [his erub] on the first [day] it is a [legal] erub for the first [day], but is not a [legal] erub for the second [day]." R. Eleazar said, "[Thus] ye acknowledge to me that they are two [distinct] holy-days." 14

§ 7. R. Jehudah saith, "If a man apprehends that the new year will be celebrated two days, 15 he must prepare two erubin." He then

says, "My erub of the first [day] [shall stand good] for the east, and of the second [day] for the west; or of the first [day] for the west, and the second for the east. My erub [shall stand good] for the first [day], and on the second [day] I am like my townsmen; or my erub [shall stand good] for the second [day], but on the first [I am] like my townsmen:" but the sages did not coincide with him.

§ S. R. Jehudah further said, "A man may conditionally fix [select] [the heave-offering of] a basket of fruit on the first day of the new year [festival], and eat it on the second [day]; 16 so, likewise, an egg which is laid on the first [day] may be eaten on the second:" but the sages did not coincide with him.

§ 9. R. Dosa ben Harkeenass saith, "He who stands before the reading-desk [to pray] on the first holy day of the Rosh-ashanah, must say, 'Strengthen [support] us, O Lord our God, on this day of the new moon, whether to-day or to-morrow [be the true one].' And on the morrow he says [the same prayer, with the variation], 'whether this day or yesterday [be the true one]:'" but the sages did not coincide with him.

Footnotes

75:1 A nazir, by his vow, must abstain from wine. (Vide Num. vi. 3).

75:2 Whosoever is not a cohen, or Levite, is a common Israelite, and must not partake of holy food. (Vide Lev. xxii. 10). The erub here in question is the combining of limits, for to that or courts bread is indispensable.

75:3 Things not consecrated.

75:4a A priest, descendant of Aaron.

75:5a Vide chap. I. § 10, note 4 of this Treatise.

75:6 The first offering of the dough. (Vide Num. xv. 17, and Treatise Chalah).

76:7 Vide Treatise Sabbath, chap. XVIII. § 1, note 1.

76:8 Any of the numerous sectarians who did not acknowledge the authority of tradition and of the oral law.

76:9 The locks in question were formed out of leather thongs, which might be cut through if the key was lost. The doing of this R. Eleazar considers unlawful on the day of rest.

76:10 The ass a man drives before him, and the camel he pulls along from behind him; so that he needs have his eyes both before and behind. It is a proverbial expression, denoting, that a man is hemmed in all ways. Its application in the present instance arises from the circumstance, that the erub prevents him who prepared it from going in any other direction, while the doubt of its legality prevents his enjoying its privilege, so that it actually becomes penal.

76:11 He must, however, deposit a separate club in each of the two directions.

77:12 To fly from them.

77:13 To meet and welcome him.

77:14 Consequently two erubin are admissible.

77:15 In the days of the Mishna, the new moon and new year were fixed, not by astronomical calculation, as at present, but by actual lunar observation; and it depended on the early or late appearance of the witnesses whether one or two days were to be kept. R. Jehudah is of opinion, "that if two days are celebrated, p. 78 they form two distinct holy days, and therefore require two erubin." But the sages did not coincide with him, as they consider the two days as but one holy day.

78:16 It is not lawful to select the heave-offering [consecrated for the use of the priesthood] on a holy day. The condition in this instance is: on the first day the man says, "If this be a working-day, this crateful shall be the heave-offering for these fruits; but if this be a holy day my selection is void, and I may eat these fruits as non consecrated." And on the second day he says, "If yesterday was a working-day, my selection stands good; but if yesterday was a holy day my selection is void," &c.

Chapter III

CHAPTER III.

§ 1. The law concerning tire due observance of the Passover, will be transgressed by using the following articles: namely, Babylonian ‏כותח‎, 1 Median beer [made of wheat or barley], Edomite vinegar, 2 Egyptian zeithum, 3 the dough of bran used by dyers, the dough used

by cooks, 4 and the paste used by writers; 5 R. Eleazar says, also the paste used by women to adorn themselves with. 6 This is the general rule: whatever is composed of any kind of grain, can cause a transgression of the paschal laws; and they that are guilty of this, incur the penalty attached to the transgression of an admonitory precept, 7 but not that of being "utterly cut off" [‏כרת‎].

§ 2. If there be any dough in the holes or crevices of a kneading-trough: 8 if there is as much as the size of an olive in any one place, it must be forthwith removed, but if less than that quantity is together in one place, it may be considered as non-existing, being so inconsiderable; and thus it is in respect to pollutions. 9 But when the dough is cared for [when the owner wishes to use it], it forms a separation, 10 [and the trough is unpolluted], but when it is desired to leave the dough in the trough, it must be considered as forming an integral part of the trough; 11 a dull dough 12 may not be used, if one of the same quality and size can become leavened in the same time.

§ 3. How can the cake of the dough [‏חלה‎] be separated on the Passover when it has become unclean? 13 R. Eleazar says, "It is only to be named after it has been baked;" R. Jehudah, son of Beterah says, "This is not the leaven concerning which it is said, 'It shall not be seen nor found in thy house;'" it must, therefore, be separated, and left till the evening, without caring whether it becomes leaven or not.

§ 4. Rabbon Gamaliel says, "Three women may knead dough on the Passover at one time, and bake it in the same oven, one after the other;" but the sages say, "Three women may occupy themselves with their dough, but in the following manner: one shall knead and another fashion the dough, whilst the third bakes;" R. Akivah says, "It is not the same with all women, wood, or ovens." 14 This is the rule: as soon as dough becomes inflated, let the woman plunge her hand in cold water. 15

§ 5. Dough which begins to become leavened must be burned; but the person who eats it has not incurred the penalty [of excision]. Dough which falls in holes or rents must be burned, and whoever eats it has incurred the penalty of excision. When is a dough to be considered as commencing to become leavened? When it exhibits small rents standing apart in different directions, like the antennae [horns or feelers] of locusts. A dough which falls in holes or rents is thus to be considered, when the rents cross each other: such is the dictum of R. Jehudah; but the sages say, "Whoever eats either incurs the penalty of excision." When is a dough to be considered as commencing to become leavened? When its surface has become pale, like [the face of] a person whose hair stands on end [through terror].

§ 6. When the 14th of Nissan happens on the Sabbath, all [leaven] must be removed before the Sabbath commences: such is the dictum of R. Meir; but the sages say it is to be done at the proper time; R. Eleazar ben Zadok says, "The heave-offering must be removed before the Sabbath, and non-consecrated things at the proper time.

§ 7. If a person went [on the 14th of Nissan] to slaughter his Passover-sacrifice, or to circumcise his son, or to eat the betrothing-meal at the house of his father-in-law, and remembers on the road that he has left leaven in his house: if he can return home and remove it, and then go back to execute any of the mentioned duties, he must do so, and remove it; but if not, he must mentally declare it as annulled. If his intention, on leaving home, was to aid persons to escape from armed foes, from inundation, robbers, or fire, or to save persons from under the ruins of fallen buildings, he may mentally annul the leaven; but if his intention was to obtain a sabbatical resting

station for his private purposes, 16 he must immediately return to annul the leaven.

§ 8. Also, if a person on leaving Jerusalem, remembers having with him consecrated flesh: if he has gone beyond [the hill] Zophim, he may burn it where he is; but if not, he must return, and burn it before the sanctuary, with wood of the altar. What quantity [of flesh or leaven] makes it obligatory to return? R. Meir says, "When both are the size of an egg;" R. Jehudah says, "When of the size of an olive;" but the sages say, "Consecrated flesh when of the size of an olive, and leaven when of the size of an egg."

Footnotes

101:1 This is explained to be a mixture of mouldy bread with milk and salt, used to dip food in.

101:2 That is, vinegar made in the Idumean manner, by the fermentation of barley and wine.

101:3 The name of a medicine of Egyptian origin, mentioned by Pliny (book xxii. c.82), under the name of "zythum;" according to the Talmud, it was composed of equal parts of barley, salt, and wild saffron.

102:4 To cover the pots to attract the impurities of the food when boiling; the amylos of the ancients.

102:5 Or rather, by bookbinders to paste the sheets together so as to form a book.

102:6 This paste was made of flour mixed with aromatics and other ingredients, and used as a cosmetic.

102:7 That is, he shall be chastised with thirty-nine stripes, ‏מלקות‎.

102:8 To fasten its broken parts, or to stop up holes or crevices in the trough.

102:9 By being touched by any creeping thing, ‏טומאת שרץ‎.

102:10 That is, a protection from pollution.

102:11 This part applies more particularly to other times of the year, and not to the Passover exclusively.

102:12 In the original, "a deaf dough," ‏בצק החרש‎; or as others read it ‏בצק החרס‎, a dough [like] a brick, i.e. a dough which does not soon exhibit any marks of rising, or which yields a dull sound when struck by the hand [like a deaf person who does not answer when spoken to]; according to the other derivation, when it is as hard as a brick.

102:13 Since it may not he baked on the festival, nor be used thereon in any manner.

103:14 For some women work quicker than others; some kinds of wood kindle sooner than others; and some ovens are sooner heated than others differently constructed.

103:15 To hinder the dough from rising.

104:16 By staying on the extreme limits of the ‏תחום‎ when the Sabbath commences, in order to obtain liberty to move 2000 amoth, or cubits, on every side of that station on the Sabbath. (See Treatise Erubin.)

Chapter III

CHAPTER III.

§ 1. A ‏לולב‎ [palm-branch] which has been acquired by theft, or which is withered, is not valid. One which comes from a grove 1 [devoted to idolatry], or from a rejected town 2 [that has been enticed to idolatry], is not valid. If the point has been broken off, or the leaves torn off, it is not valid: if they are only dissevered, it is valid. R. Jehudah saith, "It must be tied together at the top." A loolab from the Iron Mount 3 [is valid]. A loolab that measures three hands [in length] sufficient to shake it by, is valid.

§ 2. A myrtle-bough which has been acquired by theft, or which is withered, is not valid. One which comes from a grove, or from a rejected town, is not valid. If the point has been broken off, or

the leaves torn off, or if one has more berries on it than leaves, it is not valid: if they [the number of berries] have been lessened, it becomes valid; but this must not be done on the festival.

§ 3. A willow of the brook, which has been acquired by theft, or which is withered, is not valid. One which comes from a grove, or from a rejected town, is not valid. If the point has been broken off, or the leaves torn off, or if it be a ‏צפצפה‎, 4 it is not valid. One that is faded, or from which some of the leaves have dropped off, or which has grown on dry ground [not near a brook], is valid.

§ 4. R. Ishmael saith "[A man is to use] three myrtle boughs, two willows, one palm-branch, and one citron; even if two out of the three myrtle-boughs have their points broke off [they may be used]." R. Tarphon saith, "Even though all three should have their points broke off [they may be used]." R. Akivah saith, "Even as one citron and one loolab [only are used], so likewise [are] one myrtle-bough and one willow [only to be used]."

§ 5. A citron which has been acquired by theft, or which is withered, is not valid. One that comes from a grove, or from a rejected town, is not valid. One [taken] off a tree which is not circumcised, 5 is not valid; nor [one taken] from heave-offering 6 that is unclean. From clean heave-offering man is not to take a citron; but if he leas taken one, it is valid. One [taken] from Demai, 7 Beth Shammai declare not valid, but Beth Hillel declare it valid. Man is not to take a citron from second tithe in Jerusalem, but if he has taken one, it is valid.

§ 6. If one stain 8 spread over the greater portion of the citron, if it has lost its crown, or the fine rind thereof has been peeled off, or if it be split, or perforated [or not entire]; if ever so little thereof be wanting, it is not valid. If the stain be spread over the smaller portion of the citron, if it has lost its stalk, or if that be perforated [but the citron itself is entire], so that no part thereof, however

small, be wanting, the citron is valid; a dark coloured one is not valid. A leek-green citron R. Meir pronounces valid: but R. Jehudah declares it not valid.

§ 7. [Respecting] the [minimum] legal size of a small citron, R. Meir saith, "[It must be] like a nut." R. Jehudah saith, "like an egg; and of a large citron [it must be such] that a man can hold two in one hand." Such is the dictum of R. Jehudah: but R. Jose saith, "Even though [he must use] two hands to one citron [it is of legal size and valid]."

§ 8. The loolab must only be tied with its own kind [palm branches]. Such is the dictum of R. Jehudah: but R. Meir saith, "[it may be tied] even with twine." R. Meir also said, "It happened that the inhabitants of Jerusalem tied a loolab with gold lace." But they [the sages] replied, "[Yes, they did so], but [beneath the gold lace] they tied it with its own kind."

§ 9. When did they shake the loolab?" At [the verse] ‏הודו לה׳‎, [praise ye the Lord, &c.], 9 at the beginning and ending thereof; and at the verse, ‏אנא ה׳ הושיעה נא‎ [O Lord, we beseech thee, save us.]" 10 Such is the dictum of Beth Hillel: but Beth Shammai hold, "[That the loolab must] also [be shaken] at [the verse] ‏אנא ה׳ הצליהח נא‎, [O Lord, we beseech thee, prosper us]." 11 R. Akivah said, "I watched [particularly noticed] Rabbon Gamaliel and R. Joshua; and I saw, that while all the people shook their palm branches [at both the last-mentioned verses], they [the two rabbies] only shook theirs at ‏הושיעה נא‎." If a person is on the road, and has no loolab with him, he must, when he gets home, shake it at his table, [even while at his meals]. If he has not done it in the morning, he must do it towards the evening, as the whole of the day is valid for [the use of] the loolab.

§ 10. If the hallel 12 be read to a man by a bondman, or a woman, or a minor, he must repeat after them [word for word] what they read; 13 but it is a disgrace to him. 14 If a grown-up person 15 read it [the hallel] to him, he only repeats after him [responds] Hallelujah.

§ 11. At a place where it is the custom to repeat [read certain 16 verses twice], a man is to repeat [them]. Where it is the custom simply [to recite them once] a man is simply [to recite them once]. Where it is the custom to say a benediction after the loolab, a man is to say a benediction. In every case, according to the custom of the country, [a man must conform thereto]. If a person purchase a loolab from his neighbour during the seventh [Sabbatical year], he [the vendor], is to give him a citron as a gift [in the bargain]; for it is not permitted to buy a citron during the seventh [Sabbatical year].

§ 12. Formerly the loolab was used in the Temple [on each of the] seven [days of the festival]; and, in the country, [every place except the Temple at Jerusalem], the first day [only]. But after the Temple was destroyed, R. Jochanan ben Sachai decreed, "That in the country [everywhere] the loolab should be used [during the whole] seven [days] of the festival, in memory of the Holy Temple." He, at the same time, also decreed, "that on the day of ‏נוף‎ 17 it should be unlawful to eat new grain."

§ 13. If the first day of the festival fall on a Sabbath, every man is to bring his loolab to the Synagogue [on the Sabbath-eve, and leave it there]. On the [next] morning they come early to Synagogue, and each man must distinguish [seek out] his own loolab, and take it; for the sages hold, "that a man cannot fully acquit himself of his duty on the first day of the festival, by means of a loolab that belongs to his neighbour; whereas, on the subsequent days of the festival, he may fully acquit himself of his duty, by means of a loolab belonging to his neighbour."

§ 14. R. José saith, "If the first day of the festival fall on the Sabbath, should a man forget [that it is the Sabbath-day], and carry his loolab out [into the public reshuth], 18 he is absolved; because he carried it out with intent to fulfil the law."

§ 15. A woman may receive the loolab out of the hand of her son, or of her husband, and put it back into water on the Sabbath. R. Jehudah saith; "On the Sabbath it may be put back, on the festival they may add [fresh water], and on the middle days they may change [the water; pouring out the stale, and putting fresh water in its stead]. A minor, who understands how to shake the loolab, is bound to perform that duty."

Footnotes

134:1 In which the palm-tree is devoted to idolatrous rites.

134:2 Deut. xiii. 12.

134:3 A mountain near Jerusalem, southward, the palm-branches on which were very short.

135:4 The distinguishing marks of a brook-willow [salix helix] are dark wood, long leaves, with smooth margin; those of a ‏צפצפה‎ are white wood, round leaves, with serrated margin. Among the many different species of willow which answer to this last description, it is impossible to describe which is the one meant by the text.

135:5 Vide Levit. xix. 23, and Mishna, Treatise Orlah.

135:6 Numb. xviii. 11, 12.

135:7 Fruit of which it is doubtful whether the legal dues have been paid.

135:8 But if there are two different stains on the body of the citron, even though they spread only over a small portion thereof, or if there be any stain on the crown, the citron is not valid.

136:9 Ps. cxvii.

136:10 Ps. cxviii. 25.

136:11 Ps. cxviii, end of verse 25.

136:12 The lauds, a prayer composed of Psalms cxiii. to cxviii. inclusive.

136:13 Whosoever is not legally obliged to perform a duty cannot exempt others by acting as their deputy. And as bondmen, women, and minors are not legally compelled, their reciting the prayer will not exempt the man; who, therefore, must repeat it verbatim.

136:14 It is disgraceful to him that he has not learned his prayers.

136:15 A youth of the legal age of thirteen years and upwards, who, being legally obliged, may act as deputy for another.

137:16 From the verse ‏אודך כי עניתני‎. (Ps. cxviii. 21, to the end.)

137:17 The day of waving [the sheaf of the first fruits]. The 16th day of Nissan [the first month] was so called. (Vide Lev. xxiii. 10, 11.)

137:18 Vide Introduction to Treatise Sabbath.

Chapter III

CHAPTER III.

§ 1. It is prohibited to catch fish from ponds on the festival, or to feed them on that day; 1 but it is lawful to catch wild animals or fowls in enclosed parks or aviaries, and to provide them with food. 2 Rabbon Simeon, son of Gamaliel, says, "All fish-ponds and enclosures are not [to be considered in] the sane [light], this is the general rule: if the fish or animals therein require [on account of its extent], to be chased, or some device to be used, in order to take them, they may not be taken on the festival; but it is lawful to take them if they do not require such pursuit or device to be used." 3

§ 2. It is unlawful to take on the festival from nets which have been spread on the previous day, any fish, wild animal, or fowl, which may have become entangled therein, unless it is known

that they had been caught in the nets previous to the commencement of the festival. It once happened that a heathen brought, on the festival, a present of fish to Rabbon Gamaliel; when the latter said, "It is lawful to use them, but I do not wish to accept presents from that man."

§ 3. It is unlawful to kill on the festival any animal labouring under a mortal disease, unless there is time to eat thereof on that day, the [minimum] quantity of the size of an olive of roasted meat; Rabbi Akivah allows it, if there be only sufficient time to eat thereof a piece of the size of an olive of raw meat, even in the very place in which it is slaughtered. If it had been killed in the fields, the whole [carcase] may not be carried home on a staff or stick, but piecemeal, by hand.

§ 4. If a first-born animal 4 fall into a pit or hole on the festival, [and the owner is afraid it should die there], R. Jehudah says, "An expert person must go down, and see whether it had [already] an incurable and permanent injury, in which case, it may be drawn up and killed, but not otherwise." Rabbi Simeon says, "If the defect or injury had not been known [for certain] to exist thereon, previous to the festival, and to be of a permanent nature, the animal cannot be considered as prepared for the feast."

§ 5. An animal [consecrated for sacrifice] which had died on the festival, may not be removed thereon. It happened once, when Rabbi Tarphon was questioned on the subject, and also concerning a separated piece of dough [‏חלה‎] which had become polluted, he went to the ‏בית המדרש‎ [college of the Rabbins] and enquired: they told him, "They may not be removed from the spot."

§ 6. An association for the purpose of jointly purchasing an animal, may not be formed on the festival; but if it was made before the festival, the animal so purchased may be slaughtered and shared on the festival. Rabbi Jehudah says, "It is lawful to weigh meat against a vessel or hatchet;" 5 but the sages say it is unlawful to use the scales at all. 6

§ 7. Knives may not be ground or set on the festival; but it is

lawful to sharpen one knife with the other. It is not allowed to say to a butcher, "Weigh, or sell me for a denar’s 7 worth of meat," but [the butcher] has the animal killed, and shares it among 8 [his customers].

§ 8. One person may say to another [on the festival], "Fill me this vessel," but it must not be a vessel appropriated to measure with. R. Jehudah says, "If a measure is used, it must not be quite filled." Abba Saul, the son of Botnit, used to fill his measures on the day before the festival, and delivered them to his customers on the festival; Abba Saul says, "He used to do so even on the middle-days, 9 on account of the froth in the measure;" 10 the sages say he even did so on week-days, in order to let out the entire contents of his measure into the vessels of his customers. 11 It is lawful to go to a shop-keeper, with whom one is used to deal, and to say to him, "Give me so many [mentioning the number] eggs or nuts," because the master of a house is used to count similar articles by number.

Footnotes

149:1 Because they may without injury be left for a day without being fed.

149:2 Because they are dependant on man for food.

149:3 That is, when in small ponds, aviaries, or enclosures where they may easily be taken, and are considered as ‏מוכן‎ prepared for the festival.

150:4 This treats of a first-born animal which had some bodily injury, but which had not yet been shown to expert persons to decide whether the injury was permanent and incurable, in which case it was not consecrated, and might be used.

150:5 After the festival the vessel or hatchet is weighed, and the meat paid for accordingly, but it is not lawful to use the ordinary weights on the festival.

150:6 Even to keep meat in, or for a similar purpose.

151:7 An ancient coin, a denarius.

151:8 But neither money nor weight may be mentioned or used in the transaction.

151:9 Because he was engaged all day in the study of the law with those who came to celebrate the festival.

151:10 Being exceedingly scrupulous, he used to fill his measures, and let them remain all night, that the froth might subside, and in the morning he filled them up with wine, that his customers might have their full measure of wine.

151:11 When he sold oil he used to let his measure drain all night into the vessel or utensil of his customer, that not a drop might adhere to the sides or bottom of his own measure.

Chapter III

CHAPTER III.

§ 1. If the Beth Din and all Israel saw the new moon, 1 or if the examination of the witnesses had already taken place, but it had become dark before the word "Mekoodash," 2 was pronounced, the month will be intercalary. When the Beth Din alone saw it, 3 two of its members must stand up before the others as witnesses, 4 who shall then say, "Mekoodash, Mekoodash." When only three forming a Beth Din have seen it, two of them must stand up as witnesses, and conjoin some of their learned associates with the single one, 5 and then give their evidence before these, who are to say, "Mekoodash, Mekoodash," because a single member of a Beth Din has not this faculty by himself alone.

§ 2. Every kind of horn may be used [as a shophar, or cornet] on the feast of new year, excepting that of a cow, because it is called ‏קרן‎ in Scripture. 6 Rabbi José remarked, "Surely all shophars are called ‏קרן‎ in the text;" for such is the expression in Joshua vi. 5, ‏במשוך בקרן היובל‎.

§ 3. The cornet used in the temple on the feast of the new year, was a straight horn of a chamois, 7 the mouth-piece of which was covered with gold, the two trumpets 8 were stationed on each side, the sound of the cornet was prolonged after that of the trumpets had ceased, because the obligation of the day applies more particularly to the sounding of the cornet.

§ 4. On the fast days, two crooked ram's-horns were used, whose mouth-pieces were covered with silver, and the two trumpets were stationed in the middle between them; the sound of the trumpets was prolonged after that of the horns had ceased, because the obligation of the day applies more particularly to the sounding of the trumpets.

§ 5. The year of jubilee is like the feast of new year, in respect to the sounding and the blessings. R. Jehudah says, "On the feast of new year a ram's-horn was sounded, and on the year of jubilee the horn of a chamois."

§ 6. It is unlawful to use a shophar which had been rent, and afterwards joined again together; also one composed of several pieces joined together. If a shophar had a hole which had been closed, if it hinders the proper sound, it may not be used; but if it does not affect the proper sound, it may be used.

§ 7. If any one should sound the shophar within a hole, a cistern, or in a large vessel of clay [or earthenware]—if the person who listens to the sounding should plainly hear the sounding of the shophar, he will have acquitted himself of his obligation, 9 but not when he only hears the reverberation, or echo of that sound; and thus, if a person passes by the synagogue, or living close to it, should hear the shophar [on the feast of new year], or the reading of the book of Esther [on Pureem], he will have acquitted himself of his obligation, provided he has paid proper attention, but not otherwise; and although one person should hear it as well as another, yet the difference [on which all depends] is, that this person paid due attention, and the other did not.

§ 8. [In this manner we find it stated in Scripture, that] "When Moses held up his hand, then Israel prevailed," &c. (Exod. xvii. 11.) Could the hands of Moses animate the contest, or cause it to cease? But it was thus: whilst Israel looked to heaven for aid, and subjected their will to their heavenly Father, they prevailed, but when they ceased to do so, they failed. A similar instance we find (Numbers xxi. 8), "Make thee a fiery serpent, and set it on a pole, and every one that is bitten when he looketh upon it shall live." Could this serpent kill or bring to life? But it was thus: when the Israelites looked to heaven for aid, and subjected their inclination to the will of their heavenly Father, they were cured, but when they did not, they perished. A deaf and dumb, or a foolish person, and a child, cannot relieve others from their obligation by acting for them. This is the rule—all those who are not bound to the performance of a religious duty, cannot release others from their obligation.

Footnotes

162:1 On the night of the 30th day.

162:2 See the preceding chapter, § 7.

162:3 This treats of a Beth Din of twenty-three members (see Treatise Sanhedrin).

162:4 Namely, the remaining members of the Beth Din.

162:5 That is, the third member of the Beth Din.

162:6 And not ‏שופר‎.

162:7 A kind of antelope, or wild goat.

162:8 See Numbers x.

163:9 Of hearing, or sounding the shophar on the feast of new year.

Chapter III

CHAPTER III.

§ 1. The order of fasts above-mentioned applies only when the first fructifying rains do not descend; but when the sprouts degenerate, they shall immediately commence to sound an alarm. It is also to be sounded immediately if there be an interval of forty days between each rain; because it is a general plague on the land, causing dearth.

§ 2. If rain sufficient for the growth of sprouts and herbage has fallen, but not for the growth of trees; or sufficient for the growth of trees, but inadequate to the growth of herbage; or sufficient for both,

but not to fill the wells, cisterns, and caves, an alarm is immediately to be sounded,

§ 3. And thus if no rain should have fallen over any particular city similar to that which is written (Amos iv. 7), "I caused it to rain upon one city, and caused it not to rain upon another city, one piece was rained upon," &c., [the inhabitants of] such a city must fast, and sound an alarm, and those of the circumjacent places shall fast, but not sound. R. Akivah says, "they are to sound, but not to fast."

§ 4. And thus, when pestilence reigns in a city, or when the [sound] walls fall down, [the inhabitants of] such a city must fast, and sound an alarm: and those of the circumjacent places shall fast, but not sound. R. Akivah says, "they are to sound, but not to fast." What must be considered as a pestilence? When in a city, capable of furnishing five hundred able men, three persons die in three consecutive days, it is a pestilence; less than this is not a pestilence.

§ 5. An alarm is to be sounded in all places for the following plagues:—For a corn-blast, mildew, locusts, caterpillars, attacks of ferocious animals, hosts of armed men; for all these an alarm must be sounded, because they are spreading evils.

§ 6. It once happened, that some elders went from Jerusalem, each to his own place, and they decreed a fast, because a corn-blast, of a size to cover therewith the mouth of an oven, had been seen near Ascalon. They also decreed a fast on account of two children having been devoured by wolves on the other side of the Jordan. R. José says, "it was not because the wolves actually devoured [children], but because they had appeared [in the towns prowling for food]."

§ 7. For the following calamities an alarm is to be sounded even on the Sabbath:—For a city surrounded by enemies; for a flood threatening to inundate the country; for a ship in imminent danger of being wrecked at sea [in a storm]. R. José says, This sounding is to be, to obtain assistance [from men], not as an imploring cry [to God]." Simeon the Temanite says, "They shall also sound on the Sabbath in case of pestilence;" but the sages did not agree with him [in this].

§ 8. For every plague—which may the community never be visited with! 1—an alarm is to be sounded, except for a superabundance of

rain. 2 It happened once, that they said to Honee, ‏המעגל‎, "Pray for us, that rain may fall." He told them, "Go and bring in the Passover ovens, 3 that they may not be spoiled by the rain." He prayed, and the rain did not descend. What did he then? He marked out a circle, 4 and placing himself within it, thus prayed, "Creator of the world! thy children have looked up to me as being peculiarly favoured by thee; 5 I swear, by thy Great Name, that I will not move from this place until thou wilt have compassion on thy children." The rain began to drop down [gently]. He said, "It was not for this that I petitioned, but for rain [sufficient to fill] wells, cisterns, and caves." The rain then fell in violent torrents; when he said, "Not for such rains did I petition, but for mild, felicitous, and liberal showers." The rain then fell in the usual manner, until the Israelites of Jerusalem were obliged to go from the city to the Temple mountain, on account of the rain. They came and said to him, "Even as thou didst pray that the rains might come down, thus pray now that they may cease." He said to them, "Go and see whether the stone ‏טועים‎ 6 is covered by the waters." Simeon, son of Shatach sent him word, "If thou wert not Honee, I would order thee to be anathematised; but what shall I do to thee? since thou sinnest against God, and yet he forgives and indulges thee like a favoured child, who sins against his father, and is yet forgiven and indulged. To thee may be applied the text, 'Thy father and mother shall rejoice, and they who begot thee shall be glad.' (Prov. xxiii. 25.)"

§ 9. If, while they are fasting, rain should fall before sunrise, they shall not continue to fast the whole day; but they must if after sunrise. R. Eleazar says, "If [it rains] before noon they need not continue to fast the whole day; but they must if the rain commenced after noon is passed." It happened once that a fast [for rain] was

ordered in Lydda [‏לוד‎], and it rained before noon; when R. Tarphon said unto them, "Go, eat and drink, and make a feast." They went, eat and drank, and made a feast; but in the evening they returned, and sang the great Hallel. (Ps. cxxxvi, &c.)

Footnotes

174:1 This is to avoid making use of an expression involving evil; but the real meaning is, "For every plague that may befal the community," &c.

175:2 If it does not spoil the growing corn. Observe, this Mishna applies exclusively to the Holy Land, and other mountainous countries, where they can scarcely have too much rain.

175:3 The ovens they used to roast the paschal lamb, which were moveable, and made of clay or slightly baked earthenware, and which were generally kept outside the house when not in use.

175:4 Some explain it, "He dug out a circular trench on which he placed himself."

175:5 In the original, "That I am like a son of the house before thee."

175:6 A high stone in Jerusalem was thus called, because those who had found any article deposited it thereon, and proclaimed through the city that they had found something. The owner of the lost article then applied, and if the description of the article he alleged to have lost was found to be correct, it was restored.

Chapter III

CHAPTER III.

§ 1. Inhabitants of a town who have sold the open [or marketplace]

of the town, 1 may buy for that money a synagogue. The money obtained by the sale of a synagogue, they may apply to the purchase of an ark [to keep the rolls of the Holy Law in]; for that obtained by the sale of such an ark, cloaks or wrappers for the rolls of the Holy Law may be purchased; for the produce of such wrappers, sacred books 2 may be purchased; for the produce of sacred books, a roll of the Holy Law may be purchased; but if they had sold a roll of the Holy Law, it will not be lawful to apply that money for the purchase of [other] sacred books, nor wrappers for the proceeds of sacred books, nor an ark for the proceeds of wrappers, nor a synagogue with the proceeds of an ark, nor an open [or market] place with the money obtained by the sale of a synagogue, 3 and even so in respect to any surplus fund. According to R. Meir, it is unlawful to sell sacred public property to private individuals, because its sanctity becomes thereby lowered: but the sages replied, "If so, it would be also prohibited for a large town to sell sacred things to a smaller one."

§ 2. A synagogue may, according to R. Meir, only be sold on condition that it may at any time be repurchased by the original owners; but the sages permit it to be sold permanently, only it may not be sold to be applied to the following occupations: namely, as a bathing-house, as a tanning place [or pit], as a diving-bath, and as a laundry. R. Jehudah says, "It may be sold on the condition that it be made an open court, and then the purchaser is at liberty to turn it to what purpose he pleases."

§ 3. R. Jehudah teaches also, that no funeral orations may be delivered in a synagogue which had become ruinous, nor may it be used as a rope-walk, 4 nor to spread nets therein [to dry, &c.], nor to spread fruit on its roof, nor to use it as a short cut, 5 as it is said (Lev. xxvi. 31), "I will bring your sanctuaries into desolation," that is, they remain sanctuaries even in their desolation. If grass

spring up therein, it may not be pulled up, that the view may contribute to the affliction [of the beholder].

§ 4. When the new moon of Adar happens on a Sabbath, the section Shekalim (Exod. xxx. 11), is to be read; if it happen on any other day, that section must he read on the preceding Sabbath, and nothing additional is read on the following Sabbath. On the second, the section ‏זכור‎ (Deut. xv. 14), is to be read; on the third, that of the red heifer, ‏פרה‎ (Num. xix); on the fourth, that of ‏החדש‎ (Exod. xvii); on the fifth, they return again to the regular order. 6 The regular order [of Aphtoroth] is also to be interrupted on the feast of new moon, on that of dedication, on Pureem, 7 and on public fast-days, also on the fast of the standing men. 8

§ 5. On [the first day of] Passover, the section in Leviticus relative to the festival must be read; on the feast of weeks, that commencing, "Seven weeks shall ye count," &c. (Deut. xvi); on the feast of new year, the section commencing, "In the seventh month, on the first day of the month" (Num. xxix. 1); on the day of atonement, that of ‏אחרי מות‎ (Lev. xvi.); on the first day of the feast of tabernacles, the section in Leviticus relative to the festivals must be read; and on the other days of that festival, the offerings for each day (Num. xxix. 17).

§ 6. On the feast of dedication, the section of the offerings of the princes (Num. vii.) must be read; on Pureem, that of ‏ויבא עמלק‎ (Exod. ix. 8); on the feast of new moon, ‏ובראשי חדשיכם‎ (Num. xviii. 11); on the fast-days for the standing men, the history of the creation (Gen. i., &c.); 9 on fast-days, the section containing the blessings and maledictions (Lev. xxvi. 3), the denunciations therein contained must be read without interruption, namely, one man must read the whole [chapter]. On Mondays and Thursdays, and on the Sabbath afternoon, they shall read the section of the law in its regular order, but these readings are not available to reduce the regular number: 10 for it is said, Lev. xxiii. 44, "Moses declared

unto the children of Israel the appointed festivals of the Lord," whence it is inferred, that each section must be read on the appointed festival to which it refers.

Footnotes

186:1 Which is occasionally used to pray in (see Treatise Taanith, c. ii. § 1), and which, therefore, has some degree of sanctity.

186:2 Under this term are comprehended all the Sacred Writings, the Pentateuch excepted.

186:3 The rule is, that the money must be applied to the purchase of an object having a higher degree of sanctity than that possessed by the object from the sale of which the money was derived.

186:4 Nor indeed for any other work; but the Mishna mentions a rope-walk as a business most likely to be carried on in a large ruinous building.

186:5 That is, passing through it to save ground.

187:6 Of the Aphtoroth; which, on other occasions, must be connected with the subject of the first section read, but during the mentioned weeks, the subject of the Aphtorah is that of the last, or additional sections.

187:7 Which formerly might happen on the Sabbath: compare our Note 5, p. 181.

187:8 Vide Treatise Taanith.

187:9 See the last chapter of Taanith.

187:10 That is, the three men then called, and the section read to them, are not to be deducted from the section of the following week, as having already been read, but the section is to be recommenced on the following Sabbath.

Chapter III

CHAPTER III.

§ 1. The following may [privately] shave [trim their hair] on the Moed:—he who arrives from beyond seas, or returns from captivity, or has been discharged from prison, or an excommunicated [person] whom the sages have absolved; likewise, he who has consulted a sage and been absolved, 1 also the nazir, 2 and the leper, who from [a state of] uncleanness is restored to cleanness.

§ 2. The following may wash [their garments] on the Moed:—he who arrives from beyond seas, or returns from captivity, or has been discharged from prison, and an excommunicated person whom the sages have absolved; also, he who consulted a sage, and by him had been absolved. Towels, barber's napkins, and bathing-towels [may be washed during the Moed]. Men and women who have had a running issue; women after their courses or lying-in; [in short] all [persons] who from [a state of] uncleanness are restored to cleanness, are permitted [to wash their garments], but all other persons are forbidden [so to do].

§ 3. The following [documents] may be written during the Moed: contracts of betrothing, 3 bills of divorce, 4 and receipts [in discharge

of debts]; 5 also wills or codicils, 6 deeds of gift, premonitions, 7 appraisements, 8 and deeds of maintenance, 9 certificates of ‏חליצה‎, 10 and of refusal, 11 arbitration-bonds, 12 decrees of the Beth Din, and powers of attorney.

§ 4. They must not write bonds [to secure payment] of debts during the Moed; but if he [the lender] has no faith in him [the borrower], or if he has nothing to eat, then [the bond] may he written. 13 They must not write rolls of the Law, Tephilin, or Mezoozoth, during the Moed, and must not correct a single letter even in the roll of the law of ‏עזרא‎, (Ezra), [another version has of the ‏עזרה‎, Azarah, outer court of the Temple 14]. R. Jehudah saith, "A man may write Tephilin and Mezoozoth for his own use, and he may also spin sky blue wool for Zizith, in his lap."

§ 5. He who buried his dead [relative] three days before the commencement of the festival, is freed from the seven [days of deep mourning]; if [he buried his dead] eight days [before the festival],

he is freed from the thirty [days of mourning], because they [the sages] held that the Sabbath enters [into the computation], but does not supersede [the mourning, whereas] the festivals supersede [the mourning], but do not enter [into the computation 15].

§ 6. R. Eleazar saith, "Since the destruction of the Temple, the festival of weeks [Pentecost] is [in respect to mourning, to be considered] like the Sabbath." R. Gamaliel saith, "The new year and the day of atonement are [to be considered] like festivals;" but the sages hold not with the dictum of the one or of the other, but [decide that] the festival of weeks is like other festivals, and the new year and day of atonement are like the Sabbath." 16

§ 7. They are not to rend their garments, nor lay bare their shoulder, 17 not eat the funeral-meal [during the Moed], unless they be near relatives of the deceased; 18 the funeral-meal is not to be

taken except on a couch, standing up properly. 19 [The food for such a meal] is not placed before the mourners on a table, nor in a silver tureen, nor in a dish, but in wicker baskets. 20 The mourning prayer must not be said during the Moed, but the rows are formed, 21 and the [usual form of] consolation is pronounced, and the people assembled are at once dismissed.

§ 8. They must not set down [rest] the bier in any public place, that the mourning may not spread. The bier of women [must] at no time [be there set down], on account of [the] respect [due to the sex of the deceased]. The mourning-women may wail during the Moed, but not clap [their palms together]. R. Ishmael saith, "Those nearest to the bier, may clap [the palms of their hands together]." 22

§ 9. On the festivals of the new moon, of dedication, and of purim, they [the mourning-women] may wail [aloud] and clap [the palms of their hands together], but must not sing lamentations [funeral dirges]; but when the corpse is interred, they must neither wail aloud, nor sing dirges. What is [meant by the expression] wailing? When all of them 23 join in one chorus. What is [meant by the expression] lamentation [dirge]? When one recites and the others respond [or repeat after her], as it is said, "Teach your daughters wailing and every one her neighbour lamentation." 24 But of future [ages] that are to come it is said, "Death shall be swallowed [destroyed] for ever, and the Lord will wipe away tears from off all faces," &c. 25

Footnotes

196:1 From a vow he had made not to have his hair cut for a certain period; which vow he repents of, and desires to annul, but could not, before the Moed, meet with a sage who would consent to absolve him.

196:2 Vide Numbers vi. 1–21; in case the time of his vow expires during the Moed. This is also the case with all the permissions here granted, i.e. the person arriving from beyond seas, or returning from captivity, &c., must so arrive or return on the Moed.

196:3 The marriage subsequently to be completed under the nuptial canopy, and by consummation, when a regular marriage contract is granted. (Vide Treatise Kedushin.)

196:4 Granted by men who have been drawn to serve in the wars, and who must leave during the Moed.

197:5 In cases where the acknowledgment has been lost, and the debtor refuses payment.

197:6 To the will of a person dangerously ill, or dying.

197:7 ‏פרוזבולין‎ (Vide Treatise Sheviith, chap. X. § 7); a legal deed, by means of which the lender gave notice to the Beth Din, that he reserved unto himself the right of enforcing payment against the debtor at any time. It was introduced by the elder Hillel in consequence of poor people being exposed to great distress, because the wealthy refused to accommodate them with any loans, which, according to Deut. xv., they could not recover after the seventh, or Sabbatical year. This notice had to be given before the seventh year commenced.

197:8 Appraisements made by order of the Beth Din, in case the debtor's real property was to be assigned to his creditors.

197:9 By which the Beth Din allowed aliments to the wife and children out of a man's estate, or by which he undertook to maintain his step-daughter.

197:10 Vide Treatise Yebamoth, chap. XII. § 1 and 6.

197:11 Vide Treatise Yebamoth, chap. XIII. § 1.

197:12 Lest one of two litigants, who has agreed to submit his disputes to arbitration [a method of settling differences much encouraged by the Mishna], withdraw his consent; which, when the arbitration bonds have actually been signed, he no longer has the power to do.

197:13 As the bond may he executed after the Moed, unless the lender has so little faith in the honesty of his debtor as to suspect he might, at a later period, deny the loan, and contend it was a gift. The words, "if he has nothing to eat," are by some made to refer to the debtor, while others apply it to the writer of the bond, whose subsistence depends on his earnings.

197:14 The roll of the law written by Ezra himself; others suppose it to have been that roll of the law which was kept in the outer court of the Temple, that the Mishna here instances as most venerable.

198:15 The Sabbath is included in the number of the seven days of deep mourning, but does not supersede them; for if it did, there never could be seven days of deep mourning completed, as the intervening Sabbath would reduce the number. The festivals are not included in the number of the days of mourning, as they entirely supersede the seven days of deep mourning; and the portion of the thirty days mourning, which has expired before the festival, is carried forward till after the festival, and then added to the number of days, which complete the thirty. The mourning properly commences from the time the coffin is closed, hence the expression of the Mishna, "who buried his dead." The degrees of consanguinity which exact the full mourning [Sheebah, the seven days of deep mourning, and Sheloshim, the thirty days of mourning], are: first, father; second, mother; third, son; fourth, daughter; fifth, brother; sixth, sister; and seventh, spouse. The halachah is, that should a man bury his dead relative, even one hour before the festival comes in, he is freed from the seven days of deep mourning.

198:16 In the days of the second Temple, the sacrifices which every Israelite was bound to offer on the Pentecost, could, in case of omission, be brought during the six days next after the feast. This alone, according to the opinion of R. Eleazar, assimilated the Pentecost with the other two festivals of longer duration; a similarity which he thought ceased with the cessation of the extended privilege, at the destruction of the Temple. The halachah is, that all the festivals, including the new year and day of atonement, equally supersede the seven days of deep mourning.

198:17 A sign of mourning anciently exhibited, but now in desuetude.

198:18 In one of the seven degrees of consanguinity enumerated in note 15 to the preceding paragraph. The exception to this rule is at the death of a distinguished sage, or chief of a congregation, who is considered as an ornament to the human race, and dear to all men as if he were their nearest relative.

199:19 At all other times the couches, which in the east are used as chairs, are turned over, as the mourners must not use them in the ordinary way.

199:20 That no distinction he made between rich and poor.

199:21 Vide Treatise Berachoth, chap. III. § 2, and note thereto.

199:22 It was the custom in the times of the Mishna, to hire women whose profession it was to attend funerals, where they wailed, clapped their hands, &c.

199:23 The hired mourners.

199:24 Jer. ix. 20.

199:25 Isa. xxv. 8.

Treatise Hagigah [synopsis]

[Contains Laws relating to the Sacrifices on Festivals.]

WHICH CLOSES SEDER MOED.

Chapter III

CHAPTER III.

§ 1. When, of four brothers, two married two sisters, and they who had married the sisters, died: the sisters must give Chalitzah, but may not be married to the brothers-in-law by Yeboom; and if they had prematurely 1 married them, they must send them away. R. Eleazar saith, "According to Beth Shammai such a marriage is valid; but according to Beth Hillel, they must be separated." 2

§ 2. If one of these sisters is prohibited to marry one of the brothers, owing to a prohibited degree of relationship between them, 3 [although] he may not marry her, yet may he marry her sister, and both sisters are prohibited to the other brother. If one of these sisters is prohibited only on account of legal prohibition [by the Rabbins], or of holiness of station, 4 she must perform Chalitzah, but he may not marry her by Yeboom.

§ 3. When one of the sisters is prohibited to marry one brother, and another sister the other brother, owing to prohibited degrees of relationship between them, then she who is prohibited to one brother, may marry the other; and this is the case to which allusion was made [above] where [it] is said, "When, of two sisters, one only can be [lawfully] married by Yeboom, she must either perform the ceremony of Chalitzah, or be married by Yeboom." 5

§ 4. When, of three brothers, two were married to two sisters, 5

or to a mother and a daughter, or to a grandmother and her grand-daughter, either her son's, or daughter's daughter, then these women must perform Chalitzah, but cannot be married by Yeboom. R. Simeon releases them from the obligation of Chalitzah. If any of these could not be married [to the third brother] on account of prohibited degree of relationship to him, he may not [indeed] marry her; but he may marry her sister. If one of the sisters is prohibited to him, only on account of legal prohibition [by the Rabbins], or on account of holiness of station, she must perform Chalitzah to him, but he may not marry her by Yeboom.

§ 5. When, of three brothers, two are married to two sisters, and the third brother is unmarried, if one of the married brothers died, and the single brother made a promise of marriage to the widow, and subsequently the second brother died also, in this case, Beth Shammai teach, he must keep his wife [i.e. her to whom he promised marriage], and the other is as sister of his wife, released from the duty of Chalitzah; but Beth Hillel decide, he must separate from his wife by Get and Chalitzah, and from his sister-in-law by Chalitzah. To this case was the remark applied: "Unhappy he, for [the loss of] his wife, and unhappy he, for [the loss of] his sister-in-law." 6

§ 6. When, of three brothers, two are married to two sisters, and one to a stranger: 7 if one of them who married the sisters died, and the brother who had married the stranger marries the widow, and then also dies, the first widow is released, as sister of his wife and the second as her rival, but if he [i.e. the second deceased] had only promised marriage to the widow, the stranger must perform the ceremony of Chalitzah; but the brother-in-law may not marry her by Yeboom. When, of three brothers, two married two sisters, and the third a stranger: should the brother who married the stranger die, and one of those who had married the sisters, marries the widow, and also dies, the one widow is free, as being a wife's sister, and the other as her rival; but if he only promised marriage to the stranger, and then dies, she must perform Chalitzah, and may not be married to her brother-in-law by Yeboom.

§ 7. When, of three brothers, two are married to two sisters,

and one to a stranger: if one of them who married the sisters died, and he who had married the stranger marries the widow, and then the wife of the second brother dies, and also the third brother, who had married the stranger, then the widow will be for ever prohibited to the second, or surviving brother, because she was for some time prohibited to him [as wife's sister]. When, of three brothers, two were married to two sisters, and one to a stranger, if it should happen that one of those married to the sisters, divorced his wife; and that the brother married to the stranger died, and the widow was married to the brother who gave the divorce, and that this latter also died, then the following rule becomes applicable: 8—namely, that in all cases where the husbands died, or when the woman had been divorced, their rivals are permitted to marry.

§ 8. In all [the mentioned fifteen classes 9] where the Kedushin, or divorce, is doubtful, the ceremony of Chalitzah must be performed by their rivals; but these may not be married by Yeboom. What is meant by a doubtful kedushin [betrothment]? When the man threw the marriage-bond, and it is uncertain whether it fell nearest to him or to her, 10 then it is a doubtful betrothment. A doubtful divorce is,—when the husband did himself write the letter of divorce, without the signature of witnesses, or that it was signed by witnesses, but with the omission of date, or when it is properly dated, but attested by one witness only,—then is it a doubtful divorce.

§ 9. When three brothers have married three strangers [i.e. not related to each other], and one of the brothers died, and the second brother promises marriage to the widow, and dies: 11 the woman must perform Chalitzah to the surviving brother, but he may not marry them by Yeboom, for it is said (Deut. xxv. 5), "Her husband's brother shall go in unto her," &c., i.e. her who reverts to him by the death of one of his brothers, but not her who reverts to him by the death of two brothers. R. Simeon saith, "He may marry either, and must have the ceremony of Chalitzah performed to him by the other." When, of two brothers married to two sisters, one dies, and afterwards the wife of the surviving brother also dies, then he may never marry his brother's widow; because, there was a time

when she was prohibited to him, [namely, during the life of his wife, her sister.]

‏שנים שקדשו שתי נשים. ובשעת בניסתן לחפה החליפו את של זה לזה ואת של זה לזה. הרי אלו חיבים מאום אשת איש. ואם היו אחין. משום אשת אח. ואם היו אחיות. משום אשה אל אחותה. ואם היו נדות. משום נדה. ומפרישין אותן שלשה חדשים. שמא מעברות הן. ואם היו קטנות שאינן ראויות לילד. מחזירין אותן מיד. ואם היו כהנות. נפמלו מן התרומה׃‎

Footnotes

206:1 There is another reading of this part of our Mishna, in which the prohibition is attributed to Beth Shammai, and the permission to Beth Hillel; as it is generally the case that Beth Shammai prohibit, and Beth Hillel permit, except in the cases mentioned in Treatise Eduyoth.

206:2 Ex. gr. if she happen to be his mother-in-law, &c.

206:3 This is explained in the preceding chapter.

206:4 See the preceding chapter.

206:5 Namely, one brother to one of the sisters, and another to the other sister.

207:6 As would they say, "He is to be pitied for losing thus, without any fault on his part, both his wife and sister-in-law."

207:7 By the word "stranger" must be understood, a woman not in any way related to the sisters before her marriage.

208:8 See the preceding chapter, § 10.

208:9 See chap. I. § 1, of this Treatise.

208:10 Compare chap. VIII. i 1, 2, 3, of Treatise Gittin.

208:11 Before he consummated the marriage.

Chapter III

CHAPTER III.

§ 1. These are the ‏נערות‎ 1 who have [the right to recover] a fine. He who is carnally connected with a bastardess, or a Nethina, 2 or

with a Samaritan. He, likewise, who is so connected with a proselyte, a captive and a bondwoman who have been ransomed, converted, or manumitted at less than three years and one day [old]: [moreover] he who is carnally connected with his own sister, or with his father's sister, or with his mother's sister, or with his [own] wife's sister, or with his brother's wife, or with his father's brother's wife, 3 or with a Niddah: in all these cases he is finable; for although that these [the last named series] are under [the denunciations of] ‏כרת‎ [excision], they are not [sentenced to] death by the Bethdin.

§ 2. The following are not subjected to fine:—He who is carnally connected with a proselyte, a captive, and a bondwoman who have been ransomed, converted, or manumitted at more than three years and one day [old]. R. Jehudah saith, "A captive 4 who has been ransomed is presumed to retain her virgin purity, although she be nubile." He who is carnally connected with his own daughter, or his daughter's daughter, or his son's daughter, or with his wife's daughter, or her son's daughter, or her daughter's daughter, is not subject to a fine, because his life is forfeited, and he is put to death through [sentence of] the Bethdin; and whosoever forfeits life is not subjected to a fine in money, for it is said, "If no mischief follow, he shall be punished by fine." 5

§ 3. [Of] a damsel who has been betrothed and divorced, R. José the Galilean saith, "She does not recover any fine;" but R. Akivah saith, "She does recover a fine, and her fine [belongs] to herself."

§ 4. He who seduceth a damsel pays threefold damages, and he who violateth [her, pays] four [fold]. The seducer pays [for her] disgrace, deterioration [in value], and the fine: in addition to which the ravisher pays for the [bodily] pain [he has inflicted upon her]. What is [the difference] between the [punishment of the] seducer and [that of] the ravisher? The ravisher pays for the [bodily] pain; the seducer does not pay for the [bodily] pain. The ravisher must pay at once, the seducer if he refuses to marry her. The ravisher must drink out of his polluted vessel, 6 whereas the seducer may, if he likes, divorce her.

§ 5. How [is it to be understood that] "he must drink out of his polluted vessel"? Even though she he lame, or though she be blind, or though she be afflicted with boils [leprosy, he must marry and cannot divorce her]. But if he discovers in her disgraceful conduct [after marriage], 7 or she is not qualified to enter into [the congregation of] Israel, he is not permitted to keep her; for it is said, "Unto him she shall be a wife, a wife qualified and fitting for him." 8

§ 6. [Of] an orphan, who had been betrothed and divorced, R. Eleazar saith, The seducer is free [from penalty], but the ravisher is guilty." 9

§ 7. What [amount of compensation] is [due for her] disgrace? [In] all [cases] it is [computed] according to [the rank, station, and means of] him who inflicts the disgrace, ands[her] who sustains the disgrace. [To determine the] deterioration [in value] she is appraised, as if she were a bondwoman about to be sold; [and thus it is ascertained] what was her value [before the fact], and what is her value [after it]. The fine is equal to all men, for whatever is fixed in the law applies alike to all men. 10

§ 8. Whenever there is [a right of] sale [vested in the father], no fine [can be inflicted]; and whenever there is [the right to inflict] a fine, no sale [can be effected by the father]. In an infant there is [the right of] sale [vested in the father], but she has no [right to recover a] fine. A damsel 11 has a [right to a] fine, but [the father] has no [right of] sale. [In] a nubile girl [the father has] no [right of] sale, and she has no [right to recover a] fine.

§ 9. He who [voluntarily] declares, "I have seduced the daughter of A.B.," must pay for the disgrace and deterioration, in consequence of his own confession, but he pays no fine. He who [voluntarily]

declares, "I have stolen, slaughtered, and sold [A.B.'s cattle]," must pay the value, in consequence of his own confession, but he is not held to pay the double, the four fold, or the five fold compensation. 12 [He who says], "Mine ox has killed A.B., or A.B.'s ox," must pay in consequence of his own confession; [but should he say], "Mine ox has killed A.B.'s bondman," he does not pay in consequence of his own confession. 13 The rule is, in any case where the fine to be inflicted exceeds the actual damage done, no one can be amerced in consequence of his own confession.

Footnotes

246:1 The ‏נערה‎ damsel here spoken of, is from twelve years and one day old up to twelve and a half years, beyond which age, or should she have no signs of puberty, the fine cannot be exacted. (Vide Deut. xxii. 28, 29.)

246:2 Vide Treatise Yebamoth, Chap. II. § 4.

247:3 If these two wives have been divorced before the marriage was consummated.

247:4 The captive spoken of in the Mishna is an Israelite woman who has been kidnapped, or carried off by heathens.

247:5 Vide Exodus xxi. 22.

247:6 A figurative expression, denoting that he is bound to marry his victim, and can never divorce her.

248:7 Should she become guilty of adultery.

248:8 Vide Deut. xxii. 29.

248:9 The difference between the case here laid down and that of § 3 of this Chap. arises from the fact, that there the fine and compensation goes to the girl's father, whereas here it goes to herself. It is therefore assumed, that in consenting to prostitute her person, she renounced her right to a legal compensation, but she could never renounce her father's right.

248:10 The amount of the fine is fixed at fifty Shekels. (Deut. xxii. 29.)

248:11 Until the age of twelve years and one day the father has a right to sell his daughter. The right to recover a fine in case of seduction or rape begins at that age, and ends at twelve and a half years. Thenceforward a girl is nubile, and is, according to Rabbinical definition, no longer entitled to the designation ‏נערה‎, used in the Law, and to which the right of recovering a fine is rigidly limited.

249:12 Exodus xxii. 1–4.

249:13 In all the former instances he has only to make good the positive damage, but does not pay any fine. But in the present instance the compensation is a positive fine, as, without reference to the value of the bondman killed, the Law fixes the compensation in all cases at thirty Shekels silver (Exod. xxi. 32).

Chapter III

CHAPTER III.

§ 1. Every Get which is not expressly written for the woman about to be divorced is void; as for instance, if a person passing through a street hears the voice of public notaries [dictating to their clerks or pupils], saying, "A.B. divorces C.D., his wife, living at the place E.," to which he remarked, "That is the same name as mine and that of my wife" [and he gave that Get to the latter], it is void. More rigid than this is, that even when he had ordered a Get to be written for him, to divorce his wife, and afterwards changed his mind, and was met by a fellow townsman, who told him, "My name and that of my wife are exactly the same as yours and that of your wife [give it me therefore to divorce my wife]," the latter may not use it for

that purpose. More rigid than this is, that if a man had two wives, whose names are similar, and a Get was written to divorce the elder, he may not use it to divorce the younger. More rigid than this is, that when a man says to a notary, "Write a Get, that I may therewith divorce one of my two wives," he may not use it [for either].

§ 2. [Public] writers of blank forms of Gittin [bills of divorce] must leave sufficient space for the insertion of the names of the husband and wife, and for the date. In blank forms of loan contracts sufficient space must be left for the insertion of the lender's name and that of the borrower, the sum lent, and the date. In forms of deeds of sale, space must be left sufficient for the insertion of the names of buyer and seller, the purchase money, [the description of] the field [sold], and the date. This institution [of allowing blank forms to be made by notaries, to be filled up when required] was made for the convenience of public writers. R. Jehudah, however, declares all such written [and afterwards filled up] blank forms void; but R. Eleazar considers them valid, with the exception of a Get, or act of divorce, because it is written in the Law (Deut. xxv.), "He shall write unto her a bill of divorce," i.e., on purpose for her.

§ 3. If a messenger entrusted with a Get loses it, if he finds it again immediately it is still valid, but not otherwise. If he found it in a pocket or bag [or in any other place], if he identifies it 1 the Get is valid. When a messenger brings a Get from a husband who was aged, or from one he left very ill, he may deliver it on the presumption that the husband is still alive. Thus may an Israelitess whose husband [a priest] went beyond seas, eat of the heave offering on the presumption of her husband being alive. Also, when a person abroad sends a sin offering [to the Temple], it is to be sacrificed, on the presumption of the sender being alive.

§ 4. The three following dictums of R. Eleazar ben Partah, were confirmed by the sages; viz., "That the existence may be presumed of persons who were known to be in a besieged town, or on board of a vessel in a storm, and of an accused person who was led before a tribunal to be judged [in a criminal case], but that in respect to persons living in a town which was taken by assault, or in a vessel that became a wreck, 2 and a malefactor who was led forth to be executed,

the laws relating to the living and the dead are to be applied to them in their utmost rigidity." 3 An Israelitess married to a priest, or a priest's daughter married to an Israelite, may not [under the last mentioned circumstances] eat heave. 4

§ 5. A person who [in the Holy Land] brings a Get from one place to another, and falls ill on the road, may send it further on to its destination by another messenger; but, if the husband had said, "Bring me also from her this or that [valuable] article," he may not send it by another; because the husband trusted him, but would not [perhaps] have trusted the agent.

§ 6. When a person who brings a Get from beyond sea, falls ill on the road, he may empower the Beth Din to nominate another messenger for him, to carry the Get to the person it was intended for: and the first messenger must testify before them, that the Get was written and signed in his presence: the second messenger is not bound to make any such declaration, but need only say, "I am a messenger of the tribunal."

§ 7. When a person lends money to a priest, or to a Levite, or to a poor person, on condition that he may deduct from the debt the tithe or oblation due from him to them, he may do so, in the presumption that they are then alive; neither need he apprehend that the priest or Levite should have died, or the poor man have become rich; but if they died [before the debt was paid] he must obtain the consent of their heirs [to make this deduction], but this is unnecessary if the money was lent in presence of the Beth Din.

§ 8. A person who puts fruit aside to separate from them heave and tithe [due of other fruit], or money to redeem the second tithe [of his fruit], may do so, 5 in the presumption, that the fruit or money set apart is in actual existence; but if the fruit was lost, he must always calculate [in paying the tithe] the quantity [of fruit] which existed twenty-four hours [before the discovery of the loss]. 6 Such is the dictum of R. Eleazar ben Shamuang; R. Jehudah saith, "When wine was separated for such a purpose, it must be examined at three periods [of the year], viz. when the eastern winds begin to

blow after the Feast of Tabernacles, when the fruit of the grape vine has set, and when the unripe grapes begin to be juicy."

Footnotes

285:1 Even if he recognizes the pocket or bag only, as being that in which he put the Get.

285:2 The ship is considered in law as a wreck when it has lost its masts, rudder, anchor, and sails, although the hull should not have been damaged.

286:3 That is, the rigor of the law is to be applied to them both when the law supposes them dead, or when it presumes them yet alive.

286:4 Because the husband of the first is presumed to be dead, and that of the second to be alive.

286:5 And eat of other untithed fruit.

286:6 And must pay tithe accordingly.

Chapter III

CHAPTER III.

§ 1. When one person says to another, "Go and betroth for me the woman A.B.," and the person deputed went, and betrothed her [surreptitiously] for himself, she is betrothed to him. Also, if a man should say to a woman, "Behold, thou art wedded to me [&c.] after thirty days [from the present date]," and another person betrothed her within these thirty days, the second betrothment alone is valid; and if she is an Israelitess, and married a priest, she may eat heave. If the person who first betrothed her had said, "From this day, and after thirty days," and another betrothed her within that time, it is a case of doubtful betrothment. 1 Hence, whether she

is an Israelitess married to a priest, or a priest's daughter married to an Israelite, she may not eat heave.

§ 2. Should a man say to a woman, "Behold thou art wedded to me, on condition that I give thee two hundred zooz," 2 the betrothment is valid when he pays them. [If he said] "On condition that I pay the money within thirty days," the betrothment is valid if he pays it within the stipulated time, but not otherwise. "On condition [or with the understanding] that I am possessed of two hundred zooz," the betrothment is valid if he has them. "On condition that I am able to shew you two hundred zooz," the betrothment is valid, when he exhibits them to her, but not if he merely showed them to her upon a money-changer's table.

§ 3. [If he said] "On condition that I own a field on which a ‏כור‎ 3 of corn may be sown," the betrothment is valid if he can shew that he is actually possessed of such a field. "On condition that it is situated in the place A.B.," the betrothment is valid if it is really there situated, but not otherwise. "On condition that I can shew thee a field on which a ‏כור‎ of seed-corn may be sown," the betrothment is valid if he does shew it to her, but not if he only shews it her in a vale not his own. 4

§ 4. R. Meir saith, "Every contract which does not provide for the negative case, like that between the tribes of Gad and Reuben and the other tribes of Israel, is void, for there it is said [Num. xxxii. 29, 30], 'And Moses said to them, If the children of Gad and Reuben will pass with you over the Jordan,' &c.; and also, 'But if they will not pass over with you armed,'" &c. R. Hanina ben Gamaliel says, "On that occasion, it was necessary to mention it, 5 for were it not for that addition, it might be supposed, that in case of non-fulfilment of the condition, they should not receive any possession whatever in the land of Canaan." 6

§ 5. Should a man, after having betrothed a woman, say, "I thought her to be a priest's daughter, and I now find she is a Levite's daughter;" or, "That she was poor, and I found her to be rich," or the reverse: the betrothing is valid, because the deception did not proceed from her. When a [heathen] man says to an [Israelite] woman, "Thou art betrothed to me when I shall have become a proselyte to Judaism;" or [to a heathen woman], "When thou shalt have become a Jewess;" or [in the case of slaves], "After" [or to a bondwoman], "After thou shalt be manumitted;" or [to a married woman], "After the death of your husband;" or, "After the death of your sister" [to whom he is married]; or, "When thou shalt become released by Chalitzah from thy brother-in-law," all such betrothings are void. Also, if one man should say to another, "If thy wife shall be delivered of a female child, it shall be betrothed unto me." But if the said wife was so far advanced in pregnancy, that that fact is plainly perceptible, and she was delivered of a female child, the betrothment is valid. 7

§ 6. When a man said to a woman, "Behold thou art wedded to me, on condition that I intercede for thee with the ruler [of the land]"; or, "That I work for thee as a hired servant," the betrothing is valid if these conditions were fulfilled, but not otherwise. If he said, "On condition of my father's approval," the betrothing is valid if the father consents to the match, but not otherwise. 8 If the father died meanwhile, 9 the betrothing is valid, but if the son died, the father shall be instructed to say that he would have refused his consent. 10

§ 7. When a father says, "I have betrothed my daughter, but do not remember to whom," and a man comes and says, "You

betrothed her to me," that man is to be credited. If two men claim to have betrothed her, both must give her Get; or if they thus agree, one man may give her Get, and the other may marry her.

§ 8. Should a man say, "I betrothed my daughter," or, "I had betrothed her, and received during her minority a Get for her from the person to whom I had betrothed her," and at the time he makes that declaration she is yet in her minority, he may be credited; but when he says this after she had attained her majority, his declaration cannot be received. If he said, "She was a captive, and I ransomed her," he is not to be credited, whether she was then a minor, or had attained her majority. A person who declares on his death-bed that he has children 11 is to be believed, but if he said, "I have brothers," 12 he is not to be believed. 13 When a person betrothes one of his daughters, without mentioning which, those that are nubile are not included. 14

§ 9. When a person who has two sets of daughters [‏שתי כיתי בנות‎] of two wives, 15 says, "I have betrothed my eldest daughter," and it is uncertain whether he meant the eldest of the daughters by the first wife, or the eldest of those by the second wife, or the youngest of the daughters by the first wife, who [of course] is older than the eldest by the second wife, none may marry except the youngest of the second marriage or set. Such is the dictum of R. Meir; but R. José saith, "They may all marry except the eldest of the first marriage." [If a man said], "I have betrothed my youngest daughter, and know not whether it was the youngest of the first marriage, or the youngest of the second, or the eldest of the second set, who [of course] is younger than the youngest of the first," none of these may marry, according to R. Meir, except the eldest of the first marriage; but R. José permits it to all, except the youngest of the second marriage.

§ 10. When a man claims having betrothed a woman, and that woman denies the fact, then he may not marry her relatives, but she may marry his. If a woman alleges having been betrothed to a

man, and that man denies it, he may marry her relatives, but she may not marry his. Should a man say, "I have betrothed thee," and the woman answer, "Thou hast betrothed my daughter," then the relatives of the mother are prohibited to him, but she may marry his, he may marry the relatives of the daughter, and she his relatives.

§ 11. When a man says to a woman, "I betrothed thy daughter," and she says, "Thou didst betroth me," he may not marry the relatives of the daughter, but she may marry his. He may marry the relatives of the mother, but she may not marry his relatives.

§ 12. In every case where a valid betrothing, without the transgression of any law, has taken place, the child participates, and becomes entitled by his birth, to the privileges of the father, as, when the daughters of a priest, Levite, or Israelite are married to a priest, Levite, or Israelite. But wherever a valid but illegal marriage has taken place, the child participates in the disqualifications of the faulty parent; as, when a widow was [illegally] married to a high priest, or a divorced woman, or one who had performed the ceremony of Chalitzah, who was married to an ordinary priest; a bastardess or a female "Netin" married to an Israelite; or an Israelitess married to a bastard or to a Netin; and also in all cases where the betrothing cannot lawfully take place between some parties, but might be lawful with others,—any child born in such an illegal marriage is a bastard. This is the case when a man committed incest with any relative prohibited to him by the Holy Law. And in all cases where the woman cannot marry neither that man, nor any other, the child will be [disqualified] like the mother, as in the case of a bondwoman and a non-Israelite female.

§ 13. R. Tarphon saith, "It is possible that bastards may eventually succeed in removing that stain. In what manner? When a bastard marries a heathen bondwoman, her child will be a slave; and when the master manumits that child, he becomes a freeman." 16 But R. Eleazar says, "He is both slave and bastard."

Footnotes

312:1 And she must receive a divorce [Get] from each. (See Treatise Gittin.)

313:2 A small silver coin, the fourth part of a shekel

313:3 A measure of capacity, containing thirty seahs.

313:4 Although he has it on hire, or on lease.

313:5 And not in the case of betrothing, as R. Meir wishes it, because the negative case is amply provided for, and fully understood by the condition; so that if, for instance, a man betrothed a woman, on condition of her being possessed of certain monies or other property, it is understood, and unnecessary to stipulate, that if he does not possess it, the condition is to be void. The Halacha, or decision, is therefore against R. Meir's opinion.

313:6 That is, not only the countries of Gilead and Bashan, which they desired, as particularly adapted to pasture their numerous flocks and herds, should not p. 314 be given to them, but also that they should not share with the tribes in any other part of Canaan beyond Jordan. (Vide Rashi's Commentary on Num. xxxii. 30.)

314:7 Of course the child, on becoming nubile, is not bound by such an agreement, but may make use of her right of ‏מאון‎, or refusal, if she thinks proper, as mentioned in chap. IX. of Yebamoth; but it binds the father that he cannot betroth her during her minority to another man, before she received a Get of the first.

314:8 This is, in case he said, "If my father does not express his disapprobation within a certain time, say thirty days."

314:9 Within the thirty days, or stipulated time.

314:10 This is done in favor of the woman, to release her from the obligation of waiting for any brother of his to receive Chalitzah of, or be married to by Yeboom, as, till either is done, she would be tied to that brother-in-law. (See Treatise Yebamoth.)

315:11 Which releases his widow from the obligation of Yeboom.

315:12 So that the widow cannot marry again till these brothers are found, and she is released from them.

315:13 Because he may have said so, with the intention of preventing his widow ever to marry again.

315:14 But the younger ones must have Get before they can marry.

315:15 Whom he married one after the other.

316:16 And is no longer a bastard.

Chapter III

CHAPTER III.

§ 1. The following internal wounds or defects render animals Terefá: 1 when the œsophagus is perforated; 2 when the trachea is split or torn across in its width; when the membrane or thin skin [which is innermost and nearest] to the brain is perforated; when the heart is perforated till within the cavity of its two ventricles; when the spine is broken, and the spinal chord is severed; when the liver is wanting, and not a vestige thereof remains; when there is a perforation through the two membranes covering the lungs; when the lungs are deficient [of any of their lobes]; R. Simeon saith, "[An animal is only then Terefá] when the lungs are perforated within the bronchial tubes;" when there is a hole in the maw, or in the gallbladder, or in the thin or small intestines; when there is a hole in the interior or lower stomach, or that the greatest part of the external fleshy part thereof is torn; R. Jehudah saith, "If a hand-breadth is torn off in large cattle [oxen or cows, it is Terefá], but in a small one [a calf, &c.] when the greatest part thereof is torn; when there is a perforation in the omasum [many plies] and the magnus venter

or upper stomach, beyond the place where they are connected; 3 when the animal fell off a roof; when the greater part of its ribs are fractured, or when it had been hugged by a wolf [with its fore-paws or claws]; R. Jehudah saith, "The hug of a wolf causes small cattle only to become Terefá, but large ones only become so when a lion had struck its claws or fangs in them." Small birds are Terefá when a sparrow-hawk had struck its talons in them; and large birds [as fowls, geese, &c.] when they were struck by a [falcon, eagle, or other] large bird of prey. This is the rule. "When an animal under similar circumstances cannot survive, it is Terefá."

§ 2. The following cases are Cashér: when the trachea is perforated or split. Of what size may the deficient part be? According to Rabbon Simeon ben Gamaliel, "As large as an [Italian] asser." 4 When the bones of the skull are wounded, but the interior skin of the brain is uninjured; when there is a perforation in the heart, but not quite through to within the ventricles; when the vertebræ of the spine are broken, but the spinal chord was not severed; when the liver is deficient, but a small piece thereof of the size of an olive remained; when the omasum and the upper stomach are pierced one within the other; when the animal is deficient of milt or kidneys, or nether jaw, or matrix, or when through fear [from the appearance of any of the phenomena of nature] caused by the hand of God, its

lungs had become dessicated. R. Meir considers also an animal whose skin was stripped off as Cashér, but the other sages consider it Pasool,

§ 3. The following defects render fowl Terefá: when the œsophagus is perforated; when the trachea is torn off; when a weasel bit it on the head, in a place where it may render it Terefá [viz. near the brain]; when the stomach or thin intestines are perforated; when it had fallen into the fire; when its viscera 5 had become scorched, if they had turned yellow it is Terefá, but when they remained red it is Cashér; 6 when a person had trodden on it, or knocked it against a wall, or that it was trodden upon by cattle, and it struggles and lives twenty-four hours after the accident [and was then slaughtered], it is Cashér.

§ 4. The following cases are Cashér in fowl: when the trachea is perforated or split; when it was bitten by a weasel on its head, in a place where it does not render it Terefá; when the crop is perforated, and, according to Ribi, even when that organ is entirely deficient; when the intestines protruded from the body without being perforated; when its wings or legs are broken, or when its large feathers are plucked off; R. Jehudah saith, "It is Pasool when stripped of its plumage."

§ 5. When an animal became ill through plethora of blood, or suffered from a bad state of bile, or viscosity of mucus, or that it had fed on the plant rosebay [or the oleander], or that it had swallowed fowl's dung, or drank noxious water, it is Cashér; but when it had swallowed poison, 7 or had been bitten by a venomous serpent, although it is not prohibited as Terefá, yet it is forbidden to be eaten, on account of the danger it may cause to the persons eating thereof.

§ 6. The signs by which the clean animals, domestic and wild, may be distinguished [from the unclean and prohibited ones] are mentioned in the Holy Law, but not those of fowl. The sages have, however, established, "That every [predaceous] bird, which strikes its talons into its prey, is of the unclean: every bird which has an additional claw, 8 a crop, and of which the internal coat of the stomach

may be readily peeled off, is of the clean species." R. Eleazar ben Zadok saith, "Every bird which [when placed on a perch] divides its toes equally, is an unclean one."

§ 7. Of locusts, all the species are clean which have four feet, four wings, and four leaping legs, and whose wings cover the greatest part of its body; R. Jehudah saith, "Only then when they are called by the name ‏חגב‎." 9 Of fishes, are clean, those furnished with fins and scales; R. Jehudah saith, "When they have at least two scales and one fin." Scales are attached to the body of the fish, and fins are the organs by which it moves through the water.

Footnotes

332:1 The word Terefá [‏טרפה‎], in its ordinary acceptation, signifies an animal or bird which was struck down, or mortally wounded, by another beast or bird of prey. The flesh of an animal so struck it is not lawful to eat, as appears from Exodus xxii. 31. When an animal has a wound, of which it is held that it cannot survive, whether it is owing to accidental falls, wounds, deficient organisation, or to any other cause, it is considered Terefá, or prohibited to eat thereof, as of the flesh of a torn animal.

332:2 Through both its coats, the outer one of which is red, and the inner one white.

333:3 For the proper understanding of this Mishna, it is necessary to know, that the ox, and other ruminants, have four stomachs. In the first two they ruminate, or chew the cud of the grass, &c., they have but slightly macerated in eating. After undergoing there a second maceration, it passes thence by a narrow opening into the third and fourth stomachs, where it is finally converted into nourishment. The first two of these [for the second stomach is only a prolongation of the first] are called, in Hebrew, ‏בית הכוסות‎; the third stomach is called, in Hebrew, ‏מסס‎ [the ‏ה‎ prefixed being only the denoting ‏ה‎, or article; but, according to Buxtorf, it is derived from the Latin name, omasum]; the fourth is called ‏קיבה‎ or maw, where the food is farther prepared for being absorbed by the lacteals and converted into chyle, for which purpose it passes through the ‏דקין‎ small intestines. The following are the Hebrew, English, and Latin names of the four stomachs:—the first "stomach," or "paunch," "magnus venter rumen," or "penula;" the second stomach is called "the honey-comb bag," "bonnet," or "king's-hood," in English, and "reticulum arsineum," in Latin; these first two are here called ‏בית הכוסות‎; the third is called the "many plus," or, rather, "many plies,"—"omasum," in Latin, and ‏מסס‎ in Hebrew; the fourth is called the "'red. abomasum faliscus ventriculus intestinalis," and ‏קיבה‎ in Hebrew.

333:4 Vide Treatise Kedushin, chap I., § 1, and note 4.

334:5 Namely, the heart, liver, and crop, which are naturally of a red color.

334:6 In aquatic birds when the mentioned parts have turned red from the accident, because they are yellow in a sound state.

334:7 Namely, a poison which affects man, but is innoxious to cattle.

334:8 Namely, that which is placed behind, and above the front ones.

335:9 This Hebrew word signifies "locust."

Chapter III

CHAPTER III.

§ 1. He who introduces his hands into a house that is smitten 1 [with leprosy, thereby causes] his hands [to become unclean in a] primary 2 [degree]. Such is the dictum of R. Akivah; but the sages

decide, "[He causes] his hands [to become unclean in a] secondary 3 [degree]." Whatever renders garments unclean 4 at the time of [coming into] contact therewith, causes the hands to become unclean [in a] primary degree. Such is the dictum of R. Akivah; but the sages decide, "[It causes the hands] to become [unclean in a] secondary [degree]." They [the sages, moreover] said to R. Akivah, "When do we ever find [that] the hands [become unclean in a] primary [degree]?" He answered them, "How is it possible that they [the hands] can become [unclean in a] primary [degree] unless the whole body has [previously] become unclean, except in the present instance." 5 Articles of food, and vessels which have become unclean through liquids, cause the hands to become unclean [in a] secondary [degree]. Such is the dictum of R. Joshua; but the sages decide, "That which is become unclean through an Ab Hatoomah 6 makes the hands unclean; [but that winch is become] unclean through a Ab Hatoomah 7 does not make the hands unclean." R. Simeon ben Gamaliel said, "It happened that a woman came before my father, and stated to him, 'My hands got into the empty space of an [unclean] earthen vessel:' he asked her, 'My daughter, from what [cause] did the uncleanness arise?' but I did not hear what she said to him." The sages replied, "The case is clear; 8 that which is become unclean through an Ab Hatoomah makes the hands unclean, [but that which is become unclean] through a Ab Hatoomah does not make the hands unclean."

§ 2. Whatever disqualifies heave 9 causes the hands to become

[paragraph continues] [unclean in a] secondary [degree]. One hand makes the other hand unclean. Such is the dictum of R. Joshua; but the sages decide, "That no secondary can make a secondary." 10 R. Joshua [objected and] said to them [the sages], "Are not sacred scriptures secondaries, and [nevertheless they do] make the hands unclean?" 11 [But] they answered him, "The commandments of the [written] law cannot be subjected to conclusions drawn from the dicta of the Sopherim [scribes], nor these dicta to those commandments, nor yet dicta of the Sopherim to others of their dicta."

§ 3. Leather straps of Tephilin, with the Tephilin [attached thereto] make the hands unclean. R. Simeon saith, "The straps of Tephilin do not make the hands unclean."

§ 4. The margin in a book of the Law, at the top and at the bottom, at the beginning and at the end [thereof], makes the hands unclean. R. Jose saith, "[The margin] at the end does not make the hands unclean until the roller is attached to it."

§ 5. A book [of the Law, in] which [the writing] is obliterated, but which still contains eighty-five letters, [a number] equal to the Parasha ‏ויהי בנסוע הארון‎, 12 makes the hands unclean. Any Megillah 13 which contains eighty-five letters, [a number] equal to the above named Parasha, makes the hands unclean. All sacred scriptures make the hands unclean. 14 The Canticles and Ecclesiastes make the hands unclean. R. Jehudah saith, "Canticles make the hands unclean, but Ecclesiastes is [subject to] a dispute [difference of opinion]." R. José saith, "Ecclesiastes does not make the hands unclean, but the Canticles are [subject to] a dispute." R. Simeon saith, "Ecclesiastes is one of [those observances in which] Beth Shammai [are] less strict, and Beth Hillel more rigid." 15 R. Simeon ben Azai said, "I have it as a tradition from the mouths of seventy-two elders, on the day they inducted R. Eleazar ben Azariah into the president's seat, that Canticles and Ecclesiastes [both] make

the hands unclean." R. Akivah said, "Mercy forbid! no man in Israel ever disputed that the Canticles make the hands unclean, as the whole [history of the] world does not [offer an epoch] equal to the day on which the [book] Canticles was given to Israel; for all the Kethoobim [Hagiographers] are holy, but the Canticles are holy of holies. The dispute [in question, therefore,] referred to Ecclesiastes [only]." R. Jochanan ben Joshua, the son of R. Akivah's father-in-law, said, "Even as Ben Azai stated, so was the dispute, and so was [also] the decision."

Footnotes

360:1 Vide Leviticus xiv. 33–48.

360:2 So as by their touch to render Cholin [common food], unfit for use; to render heave unclean, and what comes into contact therewith unfit for use; to p. 361 render sacred things and what comes into contact therewith unclean, and whatever touches the last named unfit for use.

361:3 Which only renders unfit for use in heave, but renders such sacred things unclean as come in direct contact therewith.

361:4 Such as the spittle or discharge of a person having a running issue [menorrhagia].

361:5 Because the hands only having been introduced into the house smitten with leprosy, the rest of the body remains clean.

361:6 ‏אב הטמאה‎, the parent stock, or generator of uncleanness; whatever contains the principle of uncleanness in itself, and does not derive it from any other object, but communicates it to whatever comes in contact therewith, as a human corpse, a dead reptile, &c. (Vide Treatises Oholoth, Negaim, and Mikvaoth.)

361:7 ‏ולד הטמאה‎, the offspring or product of uncleanness; whatever does not contain the principle of uncleanness in itself, but has derived or contracted it from some other object. (Vide Treatises Kelim, Taharoth, and Ukzin.)

361:8 R. Gamaliel's question as to the nature of the uncleanness supports and confirms our decision.

361:9 So that it becomes Cholin and must not be eaten by priests.

362:10 One object unclean in a secondary degree cannot cause another object, with which it comes in contact, to become unclean in the same degree.

362:11 One of the eighteen decisions adopted the day Beth Shammai had the majority (Vide Treatise Sabbath, chap. 1.) is, that whoever touches the sacred scriptures disqualifies heave until his hands are washed.

362:12 Numbers x. 35, 36. The rabbies consider these two verses as forming a distinct book of the Law.

362:13 A parchment roll, containing a portion of the sacred scriptures.

362:14 So as to disqualify heave. (Vide note 11 of this chapter.)

362:15 Contrary to the usual practice of these two great schools.

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