Egyptian-Hebrew stream·Mishnah·Shabbat — Chapter X

Source context

Theme

eschatological forfeiture and the conditions for participation in the World to Come (Olam Ha-Ba)

Soul-faculty

Consciousness Soul

Steiner

not engaged in the GA corpus

Cross-tradition

• Zoroastrian eschatologyCross-tradition congruence appears in Zoroastrian doctrine of Chinvat Bridge judgment, which similarly conditions post-mortem destiny on specific theological dispositions held during earthly life.
• Christian soteriology (Patristic)Cross-tradition congruence exists with Patristic formulations of anathema — enumerated categories of doctrinal denial that exclude the individual from salvific community — structurally parallel to the Mishnah's list of those excluded from Olam Ha-Ba.
• Vedantic doctrine of adhikaraCross-tradition congruence appears in the Vedantic concept of adhikara (qualification or fitness), whereby specific intellectual and moral dispositions determine a soul's access to higher spiritual fruition.

Chapter X

CHAPTER X.

§ 1. Whoever preserves a thing, either as seed or for a sample, or, as a medicine, and carries out any quantity thereof on the Sabbath, is guilty. All [other] persons are only guilty if they carry out the [prescribed] quantity; if he who preserves the article carries it back again, he also is only guilty [of a second offence] if there be the prescribed quantity.

§ 2. He who, carrying out victuals, puts them on the threshold 1 [of his house], whether he himself afterwards carries them out or any other person carries them out, both are [alike] absolved; because neither completed the work at once [off-hand]. If he put a basket full of fruit on the outer threshold, although the larger portion of the fruit be in the street [of the threshold], he is absolved, so long as the whole of the basket is not carried out [at once].

§ 3. Whoever carries out, either with his right hand or with his left, in his lap, or on his shoulder, is guilty; [the last] being the manner in which the sons of Kohath carried their load: but if he carries

on the back of his hand, or [pushes by] his foot, or [carries in] his mouth, or [shoves with] his elbow, or [carries in] his ear, or [tied to] his hair, or in the purse of his girdle, with the opening downwards, or between his girdle and his shirt, or in the skirt of his shirt, or in his shoe, or in his sandal, he is absolved, because he carries not in the usual way.

§ 4. If a person intends to carry out [something] before him, and it gets behind him, he is absolved; [if he intended to carry it] behind him, and it gets before him, he is guilty. They [the sages] did indeed decide, that a woman who carries out something in her small girdle is guilty, whether [it be carried] before her or behind her; for it is liable to shift. R. Jehudah saith, "letter-carriers likewise." 2

§ 5. If a man carries a [large] loaf into the public reshuth, he is guilty; if two carry it they are absolved: 3 if one was not able to carry it, and [therefore] the two carried it out, they are guilty. If a person carries out victuals, less than the prescribed quantity, in a vessel, he is absolved, even for [carrying] the vessel, as that is an accessary to the victuals. [If he carries out] a living person on a couch, he is absolved, even for [carrying] the couch, as that is an accessary to the person [on it]. [If he carry out] a corpse on a couch or bier, he is guilty. Likewise [if he carry] the size of an olive [appertaining to a human] corpse, or the size of an olive of carrion, or the size of a lentil of a reptile, he is guilty. R. Simeon absolves him.

§ 6. He who pares his nails, [either pulling them off] with his nails, or [biting them off] with his teeth; or who pulls the hair out of his head, or off his lip, or out of his beard; likewise a woman who plaits her hair, or dyes her eye-brows, or who parts the hair on her forehead; R. Eleazar pronounces [them all] guilty. The sages prohibit all these, on the score of [their violating] the Sabbath rest. He who plucks [leaf, flower, or blossom] out of a perforated flower-pot, is guilty: [but if the flower-pot be] not perforated, he is absolved. R. Simeon absolves him in either case.

Footnotes

51:1 The threshold is considered as carmelith. (Vide Introduction to this Treatise.)

52:2 Royal runners, who carried their dispatches in wooden cases, suspended on their breasts.

52:3 Because neither of them does a complete work.

Chapter X

CHAPTER X.

§ 1. Whoever [on the Sabbath] finds tephilin [on the road], must [match them, and] bring them [into the town or village] in separate pairs, [one for the head, and one for the arm]. Rabbon Gamaliel' saith, "He brings in two pair [at a time]. To what does this rule apply? To old [tephilin, such as have been already used], but [if they be] new he is absolved [needs not do so]. If he find them tied up ill pairs, or all tied together, he must stay by them till dark [when Sabbath goes out], and then bring them in; but in [time of] danger [religious persecution], he [only] covers them up, and passes on."

§ 2. R. Simeon saith, "He must reach them to his neighbour [the one who happens to be next to him], who [reaches them] to his neighbour, [and so on, from hand to hand], until the outmost court [of the town or village]; so, likewise, his child, [if it be born on the field or road on the Sabbath], he must reach it to his neighbour, [the one who happens to be next to him] and he to his neighbour, [and so on from hand to hand], even though [it have to pass through] an hundred

[paragraph continues] [hands]." R. Jehudah saith, "In like manner, a man may pass a cask of wine [which he has found on the road on the Sabbath] to his neighbour, and he to his neighbour; [and so on from hand to hand], even beyond the techoom: "but the sages objected, "the cask cannot be conveyed further than its owners are entitled to go."

§ 3. If a man reads in a roll [of the law] on the threshold [of the house], and the roll slips out of his hand, he may draw it back again, [and pick it up]. If a man reads [in a roll of the law] on the roof [of the house], and the roll slips out of his hand, he must, if it has not rolled the distance of ten hands [into the public reshuth], draw it back again; but if it has reached [the distance] of ten hands [in the public reshuth], the must turn the writing over [downwards, to the wall, and leave it till nightfall]. R. Jehudah saith, "If the roll be but the breadth of a needle from the ground, a man is to roll it back again to himself." R. Simeon saith, "Even though it be completely on the ground a man is to roll it back to himself [and pick it up], for no precept respecting Sabbath-rest stands [good] before [the veneration due to] the sacred writing.

§ 4. On a ledge outside a window 1 it is permitted to place [brittle] vessels, and to remove them therefrom on the Sabbath. A man may stand in the private reshuth, and move [things that are] in the public reshuth; [or he may stand] in a public reshuth, and move [things that are] in the private reshuth; provided always, that he [the first-mentioned] move them not beyond four amoth.

§ 5. A man must not, standing in a private reshuth, make water in the public reshuth [on the Sabbath; nor must he, standing] in the public reshuth, make water in a private reshuth. In like manner, he must not [standing in one reshuth] spit [into another]. R. Jehudah saith, "He who [coughing] has brought up phlegm into his mouth, must not go four amoth before he expectorates."

§ 6. A man must not, standing in a private reshuth, drink in the public reshuth, [nor yet, standing] in the public reshuth, drink in a private reshuth, unless he place his head, and the greater part of his body, within the place in which he drinks. [Such is] likewise [the law] [with respect] to a vine press. 2 A man may catch [water dropping]

from a spout on the roof, within ten hands from the ground; but from a projecting spout [pipe] he may drink in any manner [he pleases].

§ 7. A reservoir that is in the public reshuth, should its inclosure be ten hands high, it is lawful to draw water therefrom [on the Sabbath] through any aperture [window] that is above it. A dunghill in the public reshuth, which is ten hands high, it is lawful [on the Sabbath] to pour water on, through any aperture [window] above it.

§ 8. [If branches of] a tree droop, and cover the ground around it, so that the tips of its twigs be within three hands from the ground, it is lawful to move [things] beneath it [on the Sabbath]. Should its roots project three hands high out of the ground, it is not permitted to sit thereon. The shutters of a drying [bleaching] ground, or [such] thorn bushes [as are used to put] into gaps [breaches in the wall to fill them up], or reed mats, must not be used to close [avenues] therewith, unless they be [placed somewhat] above the ground.

§ 9. A man must not, standing in a private reshuth, unlock with a key [something] in the public reshuth, [nor must he, standing] in the public reshuth, unlock with a key something in a private reshuth, unless he has previously made a partition ten hands high [round the spot on which he stands]. Such is the dictum of R. Meir; but the sages objected "that it was the custom in the stall-feeders’ 3 market, at Jerusalem, to lock up the shops, and place the key in the window [aperture] above the door." 4 R. José saith, "[This was done] in the wool-market."

§ 10. A loose bolt, 5 with a knob to it, is prohibited [to use on the Sabbath]. Such is the dictum of R. Eleazar: but R. José permits [its use]. R. Eleazar said, "It happened in the Synagogue at Tiberias that it was customary to use such [a bolt], until Rabbon Gamaliel and the elders came and permitted its use." But R. José replied, "[On the contrary], they abstained from its use [as unlawful], until Rabbon Gamaliel and the elders came and permitted [its use]."

§ 11. A loose bolt, that [is fastened to a rope], and hangs down [towards the ground], they may [only use to] fasten up with, in the Temple, but not in the country; 6 but a bolt that is fixed [into the building itself] is prohibited in either place. R. Jehudah saith, "A fixed bolt may be used in the Temple, and a loose bolt in the country."

§ 12. In the Temple, the lower hinge of a cupboard-door may be refitted [into its place on the Sabbath], but [this must] not [be done] in the country. R. Jehudah saith, "The upper hinge [may be refitted] in the Temple, and the lower one [in the country].

§ 13. They [priests who minister] may replace a plaster on a wound, [which plaster they had taken off to perform the service] in the Temple; but [this must] not [be done] in the country. [To put] the first [plaster on a wound on the Sabbath] is in either place [alike] prohibited. They [Levites performing on musical instruments] may tie a string [of an instrument, which has burst in the middle, on the Sabbath], in the Temple; but [this must] not [be done] in the country. [To put] a new string [on the Sabbath] is in either place [alike] prohibited. They [the ministers] may remove a wart 7 [from an animal on the Sabbath] in the Temple, but [this must] not [be done] in the country; by [means of] an instrument, [it] is, in either place, [alike] prohibited [so to do].

§ 14. A priest [ministering], who hurts his finger, may bind it up with reeds in the Temple [on the Sabbath], but [this must] not [be done] in the country. To squeeze out the blood is, in either place, [alike] prohibited. They may strew salt on the stairs [of the altar, on the Sabbath], that they [ministering priests] slip not down; also draw water from the well Gola, and from the large, well, with the rolling wheel, on the Sabbath, and from the cold well 8 on festivals.

§ 15. [Should the carcass of] a dead reptile be found in the Temple [on the Sabbath], the priest moves it out with his belt, as the unclean thing must not remain [within the Temple]. Such is the dictum of R. Jochanan ben Beroka; but R. Jehudah saith, "It must be removed with wooden pincers, that the uncleanness spread not further." From whence is it to be moved out? From the inner Temple, from the hall, and from the interspace between the hall and the altar. Such is the dictum of R. Simeon ben Nonos; but R.

[paragraph continues] Eleazar saith, "Every place, [the entering of which by an unclean person], if intentionally, [exposes him] to be cut off from his people; and if inadvertently, to bring a sin-offering, it must be removed out from. In all other places [within the precincts of the Temple], it, [the reptile] is to be covered with a copper vessel [till after the day of rest, when it is removed]." R. Simeon saith, "In whatsoever the sages permitted, they only grant thee that [the right to do] which is thine own; inasmuch, as what they allow only could become unlawful through [their] enactments of the Sabbath-rest."

Footnotes

93:1 Which projects into the public reshuth, and is within ten hands above the ground; as, beyond that height, the air does not form part of the public reshuth. (Vide Introduction to Treatise Sabbath.)

93:2 This refers to the law of tithes. Wine may be drunk in the wine-press, but not out of it, before it has been tithed.

94:3 Those who sold stalls for cattle.

94:4 So that when the shop [a private reshuth] was to be opened, the owner stood in the public reshuth to unlock it, without any partition; which, consequently, is not necessary.

94:5 The manner of fastening was by means of ropes, or leather thongs, to which loose bolts were fixed.

95:6 Any place other than the Temple at Jerusalem is styled the country.

95:7 Which is a blemish to an animal intended for sacrifice. (Vide Lev, xxii. 22.)

95:8 Three wells within the precincts of the Temple.

Chapter X

CHAPTER X.

§ 1. It is not lawful for any individual to eat aught on the eve of the Passover, from about the time of ‏מנחה‎ till after dark; even the meanest in Israel shall not eat until they have arranged themselves in proper order at ease round the table; a person shall not have less than four cups of wine, even if they be given to him from the fund devoted to the charitable support of the very poor.

§ 2. When the first cup has been poured out, the blessing of the festival must be said, before that on the wine is said. Such is the

dictum of Beth Shammai; but, according to Beth Hillel, the blessing on the wine is to be said before that on the festival.

§ 3. Herbs and vegetables are then to be brought: the lettuce is to be immersed, and part eaten thereof, until the eating of the unleavened-bread; then ‏מצה‎, or unleavened cakes, are to be placed before him, as also lettuce, ‏חרוסת‎ 1 and two kinds of cooked food, although the ‏חרוסת‎ is not strictly obligatory; but R. Eleazar bar Zadok says it is obligatory. During the existence of the Holy Temple, the paschal sacrifice was then also placed before him.

§ 4. A second cup of wine is then poured out; and the son shall then enquire of his father [the cause of this ceremony], and when the son's mental faculties are insufficient, the father is bound to instruct him in the following manner: "Wherefore is this night distinguished from all other nights? That on all other nights we may eat either leavened or unleavened bread, but on this night it must be all unleavened; on all other nights we may eat any kind of herbs, but on this night we must eat bitter herbs; on other nights we may eat meat, either roasted, boiled, or cooked in different ways, but on this night we must eat roasted meat only; 2 on all other nights we immerse what we eat once, but on this night twice." And according to the powers of comprehension of the child, thus his father is bound to teach him: he shall first inform him of the dishonour [of our ancestors], and conclude with the reading of the favourable and laudatory passages; he shall explain the passage, "Laban, the Syrian, had nearly caused my father to perish," &c. (Deut. xxvi. 5), till the end of that section.

§ 5. Rabbon Gamaliel says, "Whosoever does not mention [explain] three things on the Passover, has not fulfilled his duty. These are,—the Paschal sacrifice, the unleavened-cakes, and bitter herbs. The Paschal sacrifice is offered because the Lord passed over the houses of our ancestors in Egypt; the unleavened-bread [is eaten] because our ancestors were redeemed from Egypt [before they had time to leaven their dough]; and bitter herbs are eaten, because the

[paragraph continues] Egyptians embittered the lives of our ancestors in Egypt. It is therefore incumbent on every person, in all ages, that he should consider as though he had personally gone forth from Egypt, as it is said, 'And thou shalt shew thy son in that day, saying, This is done because of that which the Lord did for me in Egypt' (Exod. xii. 27). We are therefore in duty bound to thank, praise, adore, glorify, extol, honour, bless, exalt, and reverence Him, who wrought all these miracles for our ancestors and us; for He brought us forth from bondage to freedom, He changed our sorrow into joy, our mourning into a feast, He led us from darkness into a great light, and from servitude to redemption,—let us therefore say in His presence, Hallelujah!' [sing the Hallel]."

§ 6. How far is the Hallel then to be said? According to Beth Shammai, till "He maketh the barren woman," &c. [the end of Psalm cxiii.]; but Beth Hillel say till "the flinty rock into a fountain of waters" [end of Psalm cxiv], and they are to close with a blessing for redemption. R. Tarphon says, "This is the form. Blessed art thou, O Lord our God, Sovereign of the universe, who hast redeemed us and our ancestors from Egypt," without any further closing blessing. R, Akivah says [in continuation to the preceding], "Thus mayest thou, O Lord our God, and the God of our ancestors, bring us to the peaceable enjoyment of other solemn feasts and sacred seasons which approach us, that we may rejoice in the rebuilding of thy city and exult in thy service, that we may there eat of the paschal and other sacrifices," &c. until, "Blessed art thou, O Lord, who hast redeemed Israel."

§ 7. A third cup of wine is then poured out, and the grace after meals is said. After pouring out the fourth cup he shall finish thereon the Hallel, and say the blessing on the songs [of praise] 3 A person may drink as much as he likes between the first [two] glasses, but not between the third and the fourth.

§ 8. It is unlawful to conclude the eating of the paschal sacrifice with a dessert. If any of the company fall asleep during the meal, they may eat of the paschal sacrifice afterwards; but when the whole company have fallen asleep, they may not eat again thereof [when they wake]. R. Jose says, "If they are only drowsy, they may eat it, but if they fall fast asleep, they may not eat of it [afterwards]."

§ 9. The paschal offering does, after the hour of midnight, render the hands unclean. 4 Sacrifices which are rejected [‏פגול‎], or that have remained beyond their prescribed time [‏נותר‎], do also render the hands unclean. Whosoever has said the blessing on the paschal offering, is not bound to say that on the [festive] offering, but whoever has said the blessing on the festive offering is bound to say it on the paschal offering also. Such is the dictum of R. Ishmael; but R. Akivah says, "Neither of these absolves from the obligation of saying the other blessing."

Footnotes

123:1 Cheroset is a kind of mixture or compound, made with dates, raisins, and other fruit, with vinegar, to commemorate the lime, &c., with which our ancestors were forced to labour in Egypt. It is also a kind of sauce [compare our note, chap. II. § 8]. The ancients were accustomed always to dip their food in something of this kind.

123:2 This part was said during the existence of the Temple, when the paschal sacrifice was eaten roasted.

124:3 That is, the psalms of praise, or "Hallel;" this blessing is ‏נשמת כל חי‎, "The breath of ail living," &e., and ‏יהללוך‎, "All thy works, O Lord, shall praise thee," &c.

125:4 This will be explained in Treatise Yadaim.

Treatise XV. Shekalim [synopsis]

[Contains laws relating to the capitation tax of half a shekel, founded on Exod. xiii. 12.]

Chapter X

CHAPTER X.

§ 1. If a woman whose husband went beyond seas [or on a distant journey], received intelligence of the death of her husband [attested by one witness only], and upon that evidence married again; and it happens, that after such a marriage, the husband [who was supposed to be dead] returns: she must be separated from both husbands, 1 and must receive Get of both. She loses, with both, her rights to her marriage contract, maintenance, repayment for the use of usufructum goods, and for the wear and tear of such goods, and must restore whatever she received of either husband: on that account the offspring of both marriages are deemed bastards, 2 and neither [husband] has a right to her findings or earnings, nor to annul her vows. If a daughter of an Israelite, she is disqualified to marry a priest; if a Levite's daughter, of the right of eating tithe; and if a priest's daughter, of the right to eat heave; and the heirs of neither husband can claim the amount of her marriage contract. 3 In case of the death of these husbands [before they had divorced her], the brother of one, as well as of the other, must have the ceremony of Chalitzah performed to them by her, but neither of them may marry her by Yeboom. R. José saith, "The amount of her marriage contract must be charged on the property of her first husband." R. Eleazar saith, "the first husband has a right to her findings, her earnings, and to annul her vows;" R. Simeon says, "Carnal intercourse with her, or the ceremony of Chalitzah by the brother of her first husband releases her rival, and a child from her first husband [born at any time] is legitimate; and if she married the second time without requiring legal permission, 4 she may return to the first husband."

§ 2. If married to the second husband with consent of the tribunal [Beth Din], the marriage must be annulled [on the return of the first husband], but she need not bring a sin-offering; she is bound to do so [and be divorced] if she married without legal consent. 5 The legal permission [although erroneous] has the power, nevertheless of releasing from the obligation of bringing a sin-offering. But if the Beth Din permitted her to marry, and she married a person to whom she is prohibited to be married, 6 she is bound to bring the sin-offering, because the permission of the Beth Din was intended to apply to a legal marriage only.

§ 3. If a woman whose husband and son are on a distant journey, is told, 7 "Your husband died first, and your son afterwards," 8 marries again, and is then told the reverse, 9 she must leave her [second] husband's home, and any child from him born before or after this information was received is a bastard. If they told her, "Thy son died first, and thy husband afterwards," upon which she married her brother-in-law by Yeboom, and it was afterwards found that the facts were the reverse, she must leave her husband's house, 10 and any child born before or after this intelligence, is a bastard. If they told her, "Thy son died first, and thy husband afterwards," upon which she married, and was afterwards told, "He was alive then, but is dead now," she must separate from her husband, and any child born before this latter information was received is a bastard, but not those born afterwards. If they told her, "Thy husband is dead," upon which she was betrothed to another man, and her husband returns, she may go back to the latter; and even if the second husband should have divorced her, such divorce would not disqualify her to be married to a priest. For thus R. Eleazar ben Matya expounded the text (Lev. xxi. 7), "Priests shall not marry a woman divorced from her husband, that is, they may not marry a woman divorced from her husband, consequently, they may marry her who was divorced from a man who was not [yet] her husband."

§ 4. If a man is informed that his wife, who was in a distant country, had died, upon which he married her sister, and the [first] wife comes back, she may again return to him; he may marry the relations of the second wife, 11 and she may marry his: after the death of the first wife, he may again marry the second. If, upon being informed of the death of his wife, he had married her sister, and was then told, "She was alive at that time, but is dead now," then any child born before the receipt of this intelligence is illegitimate, but not those born afterwards. R. José established the following rule: "Whenever a person causes another to incur the prohibition of retaining his wife, he also causes that prohibition to operate against himself in respect to his own wife; and wherever this first mentioned is not incurred, the latter does also not take place." 12

§ 5. When a man, who had received information of his wife's death, married her sister from father's side only, and upon the receipt of intelligence of the death of this latter, marries her maternal sister; 13 and on the news of the decease of the last mentioned, marries her sister from father's side; 14 and, finally, on the reported death of this latter, marries her maternal sister, 15 and it turns out that all these [five] women are yet alive: then the first, third, and fifth wives are permitted to him, and [in case of Yeboom, such women] also release their rivals; but the second and fourth are prohibited to him, and the intercourse with one of them [by the brother-in-law, when the duty of Yeboom is incumbent on him], does not release her rivals; but if his 16 intercourse with the second wife had taken place after the death of the first, the second and fourth are permitted to him, and release their rivals; but he may not have the third and fifth in marriage, and intercourse with any one of them does not release her rival.

§ 6, 7, 8, 9. *      *      *      *                 *      *      *      *

Footnotes

219:1 Because, having married illegally, and upon insufficient evidence, she is to be treated as an adulteress in every respect.

219:2 In case she returns to the first husband and has then children by him.

219:3 See Treatise Ketuboth, chap. IV. § 10.

219:4 That is, if she married on the evidence of at least two witnesses.

220:5 Even on the evidence of two witnesses.

220:6 For instance, if she was married to a high-priest, who may not marry a widow, &c.

220:7 By two competent witnesses.

220:8 Which releases her from the obligation of Yeboom.

220:9 That the son died first, &c., which subjects her to the law of Yeboom; this information being received of two witnesses who contradict the testimony of the former.

220:10 That is, that of the brother-in-law whom she marries by Yeboom.

221:11 Such as her daughter.

221:12 We have rendered this passage according to the Commentaries of Maimonides and Bartenora. The literal rendering of this obscure part is as follows: "Whosoever disqualifies through others, also disqualifies for himself, but whosoever does not disqualify for others, does not disqualify for himself."

221:13 Who is a stranger to the first wife.

221:14 Who is not related to the second, and, of course, not to the first wife.

221:15 Who is not related to the third, and, of course, not to the second and first wives.

221:16 Namely, that of the husband of the five women.

Chapter X

CHAPTER X.

§ 1. [In the case of] him who married two wives, and dies, the first wife has a priority 1 before the second, and the heirs of the first [wife] 2 before the heirs of the second wife. Had he first married one wife, who died, and then married the second, at his own decease the second wife and her heirs have a priority before the heirs of the first wife.

§ 2. [In the case of] him that married two wives, both of whom died before his own decease, and when the orphan children claim the Ketubah of their mothers, [while] there is no more [property] than the [exact amount of the] two Ketuboth, 3 they divide [it between the two sets of orphans, share and share] alike. But if there is [any] surplus [property beyond the exact amount of the two Ketuboth, even though that surplus be but a single] dinar, the orphans

of each mother receive the amount of her Ketubah. 4 Should the orphans 5 propose: "We will appraise the property of our father one dinar higher [than the real value]," they are not to be listened to, but the Bethdin must cause the property to be appraised.

§ 3. Should there be any property in expectancy, it is not [to be considered] as in [actual] possession. 6 R. Simeon saith, "Even though there be moveable property [beyond the amount of the two Ketuboth], it is not [to be included in the computation], but there must be immoveable property, exceeding [in value the amount of] the two Ketuboth [by at least] a dinar.

§ 4. He who married three wives and dies, the Ketubah of one [wife] being one hundred dinar, of one [wife] two hundred, and of one, three hundred [dinar], while there is only [property left to the value of] one hundred [dinar], they divide [it between them, share and share] alike. 7 If there be [property to the value of] two hundred dinar, she [whose Ketubah amounts] to a maneh, receives fifty dinar, while she of two hundred and she of three hundred dinar receive three gold-pieces [each gold-piece at twenty-five dinar]. Should there be [property to the value of] three hundred dinar, she [whose Ketubah is] of one hundred dinar receives fifty, she of two hundred receives one hundred, and she of three hundred dinar receives one hundred and fifty [dinar]. In like manner, three who join their funds [form a co-partnership], whether they have diminished or increased their capital, the above is [the proportion to be observed] in which they divide.

§ 5. [Of] him who married four wives and dies, the first wife has priority 8 before the second, the second before the third, and the third before the fourth. The first is put upon her oath by the second, the second by the third, the third by the fourth, but the fourth recovers her Ketubah without being sworn. 9 Ben Nanas saith,

[paragraph continues] "What! because she is the last is she to be favored? She likewise cannot recover without being sworn." Should [the Ketuboth] have all been executed on the same day, whichever [of them] precedes the others even by one hour, enjoys [the priority]. 10 Therefore in Jerusalem they inserted the hour. 11 Should all [the Ketuboth] have been executed in the same hour, and there is no more [property left] than [to the value of] a maneh, they divide [it between them, share and share] alike. 12

§ 6. [Of] him who has married two wives, and sells his land, 13 should the first wife undertake in writing to the purchaser, "Right and claim have I none against thee," 14 the second [wife] may [nevertheless] recover the land from the purchaser. 15 But then the first [wife] recovers it from the second, 16 and the purchaser again recovers it from the first [wife], 17 and thus the title [and possession of the field] keeps shifting [from one to the other] until they come to an arrangement. Such is also the case with a creditor, 18 and if the wife proceeds as a creditor. 19

Footnotes

268:1 The right to receive payment of her Ketubah.

268:2 Should one or both wives die before they have received the amount of her or their Ketubah .

268:3 One of which Ketuboth is of larger amount than the other.

269:4 The larger Ketubah receives the full amount thereof.

269:5 Who hold the larger Ketubah.

269:6 So as to be included in the estimate of actual property, and by that means produce a surplus beyond the amount of the two Ketuboth mentioned in the preceding paragraph.

269:7 In this and the subsequent cases the supposition is, that the Ketuboth are all dated the same day and hour, or that the property to be divided consists of moveables only, which are not subject to the right of priority.

269:8 Of rights and receives her Ketubah first.

269:9 That she has not received any part of her Ketubah from her husband during his life time.

270:10 The right to be paid first, whether there be enough for others or not.

270:11 In dating the Ketubah they not only set forth the day, but also the hour of the day. This form has been generally adopted.

270:12 Vide § 4 of this chapter.

270:13 On which both Ketuboth are secured.

270:14 To dispossess thee of thy purchase by virtue of my Ketubah.

270:15 As she has not renounced the lien her Ketubah gives her on the land; a lien which without her especial consent no subsequent sale of the land can nullify.

270:16 By virtue of her right of priority, which she has not renounced.

270:17 By virtue of the undertaking which she gave him.

270:18 Should A hold a mortgage on B's land, consisting of two plots of ground, one of which B sells to C, and subsequently he sells the second plot to D. Should A renounce his mortgage rights in favor of D, he may nevertheless come upon C, who, as the first purchaser, has a right to come upon D, who, by virtue of the renunciation, has a right to come upon A, who again comes upon C, and so on, till some arrangement is made.

270:19 Should the land on which her Ketubah is secured consist of two plots, sold at different times to different persons, and she has renounced her right in favor of the second purchaser.

Chapter X

CHAPTER X.

§ 1. The law concerning the [right] shoulder, the two cheeks, and maw, due as oblation to the priest, is obligatory in and out of the Holy Land, during and after the existence of the Temple, 1 and applies to animals for ordinary use [‏חולין‎], but not to those used as consecrated sacrifices. For it might have been concluded [thus], If in respect to animals slaughtered for ‏חולין‎, to which the precept of giving the breast and foreleg [to the priest] does not apply, it is nevertheless obligatory to give the above mentioned oblations: it would follow, a fortiori, that these oblations ought also to be given in respect to consecrated sacrifices which are subject to the gift of the breast and foreleg; but it is written [Lev. vii. 34], "[For the wave-breast, and fore-leg, &c.] and have given them to Aaron the priest and his sons by a statute for ever." Hence we are taught, that the priest obtains only what is specified in the text [viz., the breast, &c.].

§ 2. All animals, for sacrifice, which had contracted a permanent [i.e. incurable] blemish before they were consecrated, and were ransomed, are subject to the laws concerning first-born and [the other sacerdotal] oblations, and may, like animals used for ‏חולין‎, be shorn and used for labor. The young and milk they produce after they were ransomed are also lawful for use, and no guilt is incurred if they were slaughtered outside [the temple]. They do not render an animal substituted for them a valid sacrifice, but they must be ransomed after their death. First-born of animals, and those given as tithe, are excepted. If they had been consecrated before they had contracted the blemish, or that a transitory blemish preceded the consecration, and they had subsequently contracted a permanent one, they are free, after they are ransomed, from the laws relating to first-born and other oblations; but they may not, like animals used for ‏חולין‎, be shorn nor used to labor with. The young and milk they produce may not be used, even after they were ransomed, and guilt is incurred by any person who slaughtered them outside [of the temple]. They also render an animal substituted for them a valid sacrifice, and must be buried when they die.

§ 3. If a blemished first-born animal was sold by a priest to an

[paragraph continues] Israelite, and had become mingled with a hundred other animals; if these were slaughtered by a hundred persons, the firstborn which is among them releases them all [of the obligation of paying the sacerdotal dues]. If they were all slaughtered by one person, one only of these animals is free. A person who slaughters for a priest, or for a non-Israelite, is not bound to pay the oblations; if he had the animals in partnership with one of these, he must mark them. 2 If a priest sold an animal [to an Israelite], reserving the oblations, the Israelite is not bound to give them. Should one [Israelite] say to another, Sell me the entrails of [this] cow," and there is yet of the oblations among it [viz. the maw], he [the buyer], must give it himself to the priest, and [the seller] need not allow him any deduction from the purchase-money on that account; but if the animal was bought by weight, the buyer must pay the sacerdotal dues, and may deduct it from the purchase-money.

§ 4. If a proselyte had a cow, which he slaughtered before he had embraced Judaism, he is free from the payment of the oblations, but not if the slaughtering took place after his conversion. In a doubtful case 3 he is free, because the onus probandi lies with him who sets up the claim. What are the limits of the shoulder? 4 From the bent of the knee until the hip-bone: this is also the case in respect to the shoulder mentioned in the sacrifice of the Nazarite, as also in respect to the hind-leg down to the hough [in peace-offerings]. The [limits of the] leg are, according to R. Jehudah, from the hip-joint until that of the thigh. The [limits of the] two cheeks are from their joints till the top ring of the trachea.

Footnotes

350:1 This commandment is not at present considered obligatory out of the Holy Land.

351:2 That every one may distinctly perceive that the priest or non-Israelite have a share in the animals.

351:3 Namely, whether the slaughtering had taken place previous to, or after the conversion.

351:4 Namely, that of the right side fore-quarter, which must be given to the priest.

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