Hebrew Literature

Comprising

Talmudic Treatises, Hebrew

Melodies, And The

Kabbalah Unveiled

Edited And With A Special Introduction By

Epiphanius Wilson, A.M.

Revised Edition

New York

P. F. Collier & Son

Copyright 1901

By The Colonial Press

Contents

[pg iii]

Special Introduction

Hebrew literature contains some of the most profound and most influential productions of the human spirit. It constitutes a potent factor in modern civilization, and possesses merits which place it far above most other literatures of the world. The common salutation of the Hebrew is “Peace,” while that of the Greeks is “Grace,” and that of the Romans, “Safety.” The Greek sought after grace, or intellectual and bodily perfection, and the power of artistic accomplishment. The Roman's ideal was strength and security of life and property. The Hebrew sought after peace, peace in the heart, as founded on a sense of Jehovah's good providence, and a moral conformity in conduct to His revealed will. While the Greek in art, literature, and even in morals, made beauty his standard, the Roman stood for power, domination and law, and the Hebrew for religion. The Hebrew, indeed, introduced into Europe the first clear conception of religion, as implied in monotheism, and a rigidly defined moral law, founded upon the will of Jehovah. The basis of morals among the Latins was political, among the Greeks æsthetic, and among the Hebrews it was the revealed will of Jehovah.

While the most important remains of Hebrew literature are comprised in the Scriptures known to us as the Bible, there exists also a voluminous mass of Hebrew writings which are not included in the sacred canon. These writings are of supreme importance and value, and the selections which we have made from them in the present volume give a good idea of their interest, beauty, and subtlety of thought.

From the very beginning of their history the Hebrews were a deeply poetic race. They were fully alive to the beauties of external nature, and no national poetry contains more vivid descriptions of the sea, sky, and the panorama of forest, stream and mountain, peopled by the varied activities of animated [pg iv] nature. The songs of Zion glow with poetic enthusiasm, but their principal characteristic is their intense earnestness. They are no idle lays of love and wine or warlike triumph. They depict the joy of existence as dependent upon the smile and favor of Jehovah, and all the happiness, plenty, victory and success of life are attributed, without hesitation, to nothing else but “the loving-kindness of the Lord.” Yet this religious fervor becomes the basis of sublimity, pathos, and picturesqueness, such as can seldom be approached even by the finest productions of the Attic muse.

But the Hebrews were also philosophers, and if they never attained to what we may call the netteté et clarté of the Greek metaphysician, they excelled all other thinkers in the boldness and profound spirituality of their philosophical mysticism. In proof of this assertion we may point to that body of writings known as the Kabbalah.

The word “Kabbalah” means “doctrine received by oral tradition,” and is applied to these remains to distinguish them from the canonical Hebrew Scriptures, which were written by “the Finger of Jehovah.” Hebrew speculation attempts in the Kabbalah to give a philosophical or theosophistic basis to Hebrew belief, while at the same time it supplements the doctrines of the Old Testament. For instance, it is a disputed point whether the immortality of the soul is taught in the Hebrew canon, but in the Kabbalah it is taken for granted, and a complete and consistent psychology is propounded, in which is included the Oriental theory of metempsychosis. This account of the human soul, as distinct from the human body, treats of the origin and eternal destiny of man's immortal part. On the other hand God and Nature, and the connection between the Creator and the creation, are most exactly treated of in detail. God is the En-Soph, the boundless One, as in modern philosophy God is the Absolute. He manifests Himself in the ten Sephiroth, or intelligences. It would be easy on this point to show Dante's indebtedness to the Kabbalah in his description of the various heavens of his Paradise. These intelligences control, in groups of three, the three worlds of intellect, of soul, and of matter. The tenth of the Sephiroth is called Kingdom, i.e., the personal Deity, as seen in the workings of Providence, with which conception we may compare Dante's description of Fortune, in the [pg v] seventh book of the “Inferno.” This last of the Sephiroth is manifested visibly in the Shekinah. This is the barest and baldest outline of the main features in this famous system.

The rise of Kabbalism is not very clearly known as regards authorship and date; it is in turn, by different Jewish writers, ascribed to Adam, Abraham, Moses and Ezra; but doubtless the work is an aggregation of successive writings, and some critics believe that it was not compiled before the Middle Ages, i.e., in the centuries between the conquest of Gaul by the Franks and the period following the death of Dante.

There can be no doubt that the Kabbalah contains the ripest fruit of spiritual and mystical speculation which the Jewish world produced on subjects which had hitherto been obscured by the gross anthropomorphism of such men as Maimonides and his school. We can understand the revolt of the devout Hebrew mind from traditions like those which represented Jehovah as wearing a phylactery, and as descending to earth for the purpose of taking a razor and shaving the head and beard of Sennacherib. The theory of the Sephiroth was at least a noble and truly reverent guess at the mode of God's immanence in nature. This conception won the favor of Christian philosophers in the Middle Ages, and, indeed, was adopted or adapted by the angelic Doctor Aquinas himself, the foremost of ecclesiastical and scholastic metaphysicians. The psychology of the Kabbalah, even its treatment of the soul's preëxistence before union with the body, found many advocates among Gentile and even Christian philosophers.

We are therefore led to the conclusion that the Kabbalah is by far the most exalted, the most profound and the most interesting of all that mass of traditional literature which comprises, among other writings, such remains as the Targums and the Talmud.

A study of Hebrew literature would indeed be incomplete unless it included the Talmud.

“Talmud” in Hebrew means “Doctrine,” and this strange work must be looked upon as a practical handbook, intended for the Jews who, after the downfall of Jerusalem and the Dispersion, found that most of the Law had to be adjusted to new circumstances, in which the institution of sacrifices and propitiatory offerings had been practically abolished. The Talmud [pg vi] contains the decisions of Jewish doctors of many generations on almost every single question which might puzzle the conscience of a punctilious Jew in keeping the Law under the altered conditions of the nation. The basis of the Talmud is the Mishna, i.e., an explanation of the text of the Mosaic laws, and their application to new cases and circumstances. The Mishna has been well described by the illustrious Spanish Jew, Maimonides, who in the twelfth century published it at Cordova, with a preface, in which he says: “From Moses, our teacher, to our holy rabbi, no one has united in a single body of doctrine what was publicly taught as the oral law; but in every generation, the chief of the tribunal, or the prophet of his day, made memoranda of what he had heard from his predecessors and instructors, and communicated it orally to the people. In like manner each individual committed to writing, for his own use and according to the degree of his ability, the oral laws and the information he had received respecting the interpretation of the Bible, with the various decisions that had been pronounced in every age and sanctified by the authority of the great tribunal. Such was the form of proceeding until the coming of our Rabbi the Holy, who first collected all the traditions, the judgments, the sentences, and the expositions of the law, heard by Moses, our master, and taught in each generation.”

The Mishna itself in turn became the subject of a series of comments and elucidations, which formed what was called the Gemara. The text of the original Hebrew scripture was abandoned, and a new crop of casuistical quibbles, opinions and decisions rose like mushrooms upon the text of the Mishna, and from the combination of text and Gemaraic commentary was formed that odd, rambling, and sometimes perplexing work, “wonderful monument of human industry, human wisdom and human folly,” which we know as the Talmud. The book is compounded of all materials, an encyclopædia of history, antiquities and chronology, a story book, a code of laws and conduct, a manual of ethics, a treatise on astronomy, and a medical handbook; sometimes indelicate, sometimes irreverent, but always completely and persistently in earnest. Its trifling frivolity, its curious prying into topics which were better left alone, the occasional beauty of its spiritual and imaginative fancies, make it one of the most remarkable books that human wit and human industry have ever compiled.

The selections which we print in this volume are from the Mishna, and form part of the Sedarim, or orders; in them are given minute directions as to the ceremonial practice of the Jewish religion.

The treatise on “Blessings” speaks of daily prayers and thanksgiving. It is most minute in prescribing the position of the body, and how the voice is to be used in prayer. It specifies the prayers to be said on seeing signs and wonders, on building a house, on entering or leaving a city; and how to speak the name of God in social salutations. That on the “Sabbatical Year” is a discourse on agriculture from a religious point of view. The Sabbatical year among the Hebrews was every seventh year, in which the land was to be left fallow and uncultivated, and all debts were to be remitted or outlawed. Provision is made in this section for doing certain necessary work, such as picking and using fruits which may have grown without cultivation during the Sabbatical year, with some notes on manuring the fields, pruning trees and pulling down walls. Very interesting is the section which deals with “The Sabbath Day.” The most minute and exhaustive account is given of what may and what may not be done on the seventh day.

The treatise on “The Day of Atonement” deals with the preparation and deportment of the high-priest on that day. That on “The Passover” treats of the Lamb to be sacrificed, of the search for leaven, so that none be found in the house, and of all the details of the festival. “Measurements” is an interesting and valuable account of the dimensions of the Temple at Jerusalem. “The Tabernacle” deals with the ritual worship of the Jews under the new conditions of their exile from Palestine.

All of these treatises show the vitality of Jewish religion in Europe, under the most adverse circumstances, and illustrate the place which the Talmud must have occupied in Jewish history, as supplying a religious literature and a code of ritual and worship which kept Judaism united, even when it had become banished and dissociated from Palestine, Jerusalem, and the Temple.

Selections From The Talmud

Translated by Joseph Barclay, LL.D.

Translator's Introduction

The Talmud (teaching) comprises the Mishna and the Gemara. The Mishna (“learning” or “second law”) was, according to Jewish tradition, delivered to Moses on Mount Sinai. “Rabbi Levi, the son of Chama, says, Rabbi Simon, the son of Lakish, says, what is that which is written, ‘I will give thee tables of stone, and a law and commandments which I have written, that thou mayest teach them’?[1] The Tables are the ten commandments; the Law is the written law; and the commandment is the Mishna; ‘which I have written’ means the prophets and sacred writings; ‘that thou mayest teach them’ means the Gemara. It teaches us that they were all given to Moses from Mount Sinai.” From Moses the Mishna was transmitted by oral tradition through forty “Receivers,” until the time of Rabbi Judah the Holy. These Receivers were qualified by ordination to hand it on from generation to generation. Abarbanel and Maimonides disagree as to the names of these Receivers. While the Temple still stood as a centre of unity to the nation, it was considered unlawful to reduce these traditions to writing. But when the Temple was burned, and the Jews were dispersed among other peoples, it was considered politic to form them into a written code, which should serve as a bond of union, and keep alive the spirit of patriotism. The Jewish leaders saw the effect of Constitutions and Pandects in consolidating nations—the advantage of written laws over arbitrary decisions. Numberless precedents of case law, answering to our common law, were already recorded: and the teachings of the Hebrew jurisconsults, or “Responsa prudentium” which were held to be binding on the people, had been preserved from former ages.

All these traditions Rabbi Judah the Holy undertook to [pg 004] reduce into one digest. And this laborious work he completed about a.d. 190, or more than a century after the destruction of Jerusalem by Titus. Rabbi Judah was born on the day that Rabbi Akibah died. Solomon is said to have foretold the event: “One sun ariseth, and one sun goeth down.” Akibah was the setting and Judah the rising sun. The Mishna of Rabbi Judah, afterward revised by Abba Areka in Sura, is the text of the Babylon Talmud. The commentaries written on this text by various Rabbis in the neighborhood of Babylon, until the close of the fifth century, are called the Gemara (completion), and are published in twelve folio volumes, called the Babylon Talmud—the Talmud most esteemed by the Jews. The Jerusalem Talmud contains commentaries written partly by Rabbis in Jamnia and partly in Tiberias, where they were completed by Rabbi Jochanan in the beginning of the fourth century. As now published it has only four out of the six orders or books of the Mishna, with the treatise Niddah from the sixth. In the time of Maimonides it contained five orders. On twenty-six treatises it has no Gemara, though in the treatise on shekels the Gemara of Jerusalem is used for the Babylon Talmud. The six books of the Mishna are subdivided into sixty-three treatises, in the following manner:

Book I

This book, called Order of Seeds, contains the following treatises:

1. “Blessings,” together with prayers and thanksgivings, with the times and places in which they are to be used.

2. “A Corner of a Field” (Lev. xxiii. 22; Deut. xxiv. 19) treats of the corners of the field to be left for the poor to glean them—the forgotten sheaves, olives, and grapes—and of giving alms, etc.

3. “Doubtful” treats of the doubt about the tithes being paid, as the Jews were not allowed to use anything without its being first tithed.

4. “Diversities” (Lev. xix. 19; Deut. xxii. 9-11) treats of the unlawful mixing or joining together things of a different nature or kind—of sowing seeds of a different species in one [pg 005] bed—grafting a scion on a stock of a different kind, suffering cattle of different kinds to come together.

5. “The Sabbatical Year” (Exod. xxiii. 11; Lev. xxv. 4) treats of the laws which regulated the land as it lay fallow and rested.

6. “Heave Offerings” (Num. xviii. 8) treats of separating the heave offering—who may eat it, and who may not eat of it—of its pollutions, etc.

7. “The First Tithes” (Lev. xxvii. 30; Num. xviii. 28) treats of the law of tithes for the priests.

8. “The Second Tithes” (Deut. xiv. 22; xxvi. 14) treats of those which were to be carried to Jerusalem and there eaten, or to be redeemed and the money spent in Jerusalem in peace offerings.

9. “Cake of Dough” (Num. xv. 20) treats of setting apart a cake of dough for the priests; also, from what kind of dough the cake must be separated.

10. “Uncircumcised Fruit” (Lev. xix. 23) treats of the unlawfulness of eating the fruit of any tree till the fifth year. The first three years it is uncircumcised; the fourth year it is holy to the Lord; the fifth year it may be eaten.

11. “First Fruits” (Exod. xxiii. 19; Deut. xxvi. 1) treats of what fruits were to be offered in the Temple, and in what manner; also of the baskets in which they were to be carried.

Book II

The Order Of The Festivals:

1. “Sabbath” treats of the laws relating to the seventh day.

2. “Mixtures,” or combinations, treats of the extension of boundaries, whereby all the inhabitants of the court, or entry, where the mixture is made, are counted as one family inhabiting one domicile; and are therefore allowed to carry victuals from one house to another. It also treats of the mixtures for a Sabbath day's journey, whereby the distance may be extended for an additional 2,000 cubits.

3. “Passovers” treats of all rites and ceremonies relating to the Paschal Lamb.

4. “Shekels” (Exod. xxx. 13) treats of the half shekel, which every Jew, rich or poor, was obliged to pay every year to the daily sacrifice.

5. “Day of Atonement” treats of the solemnities peculiar to it.

6. “Tabernacles” teaches how they are to be built, and how to be used.

7. “The Egg Laid on a Festival” treats of the works which may or may not be done on any of the festivals, which are called days of holy convocation, on which no servile work may be done.

8. “New Year” treats of the laws and solemnities of the feast of the New Year, as also of the feasts of the New Moons.

9. “Fasts” treats of the various fasts throughout the year.

10. “The Roll” treats of the feast of Purim, and gives instructions how and in what manner the Book of Esther and other Lessons are to be read. The Gemara directs Jews to get so drunk on this feast, that they cannot discern the difference between “Blessed be Mordecai and cursed be Haman,” and “Cursed be Mordecai and blessed be Haman.”

11. “Minor Feasts” treats of the works that may and that may not be lawfully done on the 2d, 3d, 4th, 5th, and 6th days, when the first and seventh are holy; these intermediate days being lesser festivals.

12. “Sacrifices on Festivals” treats of the three great festivals, when all the males were obliged to appear before the Lord, and of the sacrifices which they were to bring. It also lays down rules for the dissolution of vows, which it says “are like mountains hanging on a hair, for the text is slender and the constitutions many.”

Book III

On Women:

1. “Brother's Widow” (Deut. xxv. 5-11) treats of the law obliging a brother to marry the relict of his deceased brother; also, when the obligation is to take place, and the ceremonies to be used at its performance.

2. “Marriage Settlements” treats of dowries and women [pg 007] who happen to obtain estates, either real or personal. From this tract the baptism of infant proselytes can be proved.

3. “Vows” (Num. xxx. 4-16) shows when vows are binding and when null and void. When a married woman makes a vow the husband can confirm or annul it. This tract points out what vows fall under his cognizance and what do not.

4. “The Nazarite” (Num. vi. 21) treats of the laws relating to the different sorts of Nazarites.

5. “Trial of Jealousy” (Num. v. 11-31) treats of the mode of trial and punishment of criminals. Men may go home to their wives from voluntary wars, but not from wars of command. This tract shows the miserable state of the Jews at the destruction of the second Temple, and at the future advent of the Messiah.

6. “Divorces” treats of the laws relating to divorces, also the formalities to be observed both before and after they are given. A man may divorce his wife if she spoil his broth, or if he find another more handsome.

7. “Betrothing” treats of the laws of espousals and some other previous rites of marriage. It commands sons to be taught suitable trades. It states that all ass-drivers are wicked, camel-drivers are honest, sailors are pious, physicians are destined for hell, and butchers are company for Amalek.

Book IV

On Damages:

1. “First Gate,” so called because in the East law is often administered in the gateway of a city. It treats of all such damages as may be received from man or beast. It assesses damages done by a beast according to the benefit which the beast receives. If it eat a peck of dates its owner would be fined for a peck of barley, as dates are not more nourishing for a beast than barley.

2. “The Middle Gate” treats of laws of usury and trusts, of letting out on hire, of landlord and tenant, etc.

3. “Last Gate” treats of the laws of commerce and co-partnership, of buying and selling, of the laws of inheritance and the right of succession.

4. “Sanhedrin” treats of the great national senate.

5. “Stripes” treats of false witnesses, of the law of the forty stripes save one, of those who were bound to fly to the cities of refuge.

6. “Oaths” explains the laws for administering oaths; when an oath is to be admitted between contending parties who are qualified to take them. In Hilchoth Eduth. ix. 1 it is taught that ten sorts of persons are disqualified—women, slaves, children, idiots, deaf persons, the blind, the wicked, the despised, relations, and those interested in their evidence.

7. “Evidences” are a collection of many important decisions gathered from the testimonies of distinguished Rabbis. It is observable that the decisions of the School of Shammai are more rigorous than those of the School of Hillel, from whence it is inferred that the former adhered more closely to Scripture, the latter to tradition. The former were the Scribes, and are now represented by the Karaites, who reject the Talmud.

8. “Idolatry,” or the worship of stars and meteors, treats of the way to avoid this grievous sin.

9. “The Fathers” contains a history of those who handed down the Oral Law, also many maxims and proverbs.

10. “Punishment” treats of the punishment of those disobedient to the Sanhedrin (Deut. xvii. 8-11).

Book V

On Holy Things:

1. “Sacrifices” treats of the nature and quality of the offerings; the time, the place, and the persons, by whom they ought to be killed, prepared, and offered.

2. “Meat Offerings” treats of the flour, oil, and wine, and the wave loaves.

3. “Unconsecrated Things” treats of what is clean and unclean, of not eating the sinew that shrank, and not killing the dam and her young in one day (Deut. xxii. 6).

4. “First Born” treats of their redemption by money, and their being offered in sacrifice; also of the tithes of all manner of cattle.

5. “Estimations” (Lev. xxvii. 2) treats of the way in which things devoted to the Lord are to be valued in order to be redeemed for ordinary use; also, how a priest is to value a field which a person has sanctified.

6. “Cutting Off” treats of offenders being cut off from the Lord.

7. “Exchanges” (Lev. xxvii. 10, 33) treats of the way exchanges are to be effected between sacred things.

8. “Trespass” (Num. v. 6, 8) treats of things partaking of the nature of sacrilege. It asserts that if a man take away a consecrated stone or beam he commits no trespass. If he give it to his companion he commits a trespass, but his companion commits none. If he build it into his house he commits no trespass till he lives in the house long enough to gain the value of a half-farthing. If he take away a consecrated half-farthing he commits no trespass. If he give it to his companion he commits a trespass, but his companion commits none. If he give it to a bath-keeper he commits a trespass though he does not bathe, because the bath-keeper says to him, “See, the bath is open, go in and bathe.”

9. “The Daily Sacrifice” treats of the morning and evening offerings.

10. “The Measurements” treats of the measurements of the Temple.

11. “Birds' Nests” treats of the mistakes about doves and beasts brought into the Temple for sacrifice.

Book VI

On Purifications:

1. “Vessels” treats of those which convey uncleanness (Lev. xi. 33).

2. “Tents” (Num. xix. 14) treats of tents and houses retaining uncleanness, how persons who enter them become unclean, and how they are to be cleansed.

3. “Plagues of Leprosy” treats of leprosy of men, garments, or dwellings, how their pollution is conveyed, and how they are to be purified.

4. “The Red Heifer” directs how she is to be burned, and how her ashes are to be used in purifying.

5. “Purifications” teaches how purifications are to be effected.

6. “Pools of Water” (Num. xxxi. 23) treats of their construction, and the quantity of water necessary for cleansing.

7. “Separation” of women.

8. “Liquors” that dispose seeds and fruits to receive pollution (Lev. xi. 38).

9. “Issues” that cause pollution.

10. “Baptism” on the day of uncleanness (Lev. xxii. 6).

11. “Hands” treats of the washing of hands before eating bread, though dry fruits are allowed to be eaten without such washing.

12. “Stalks of Fruit which convey Uncleanness” treats of fruits growing out of the earth, which have a stalk and no husk. They can be polluted and can pollute, but may not be compounded with anything that was unclean before. If they have neither stalks nor husks they neither can be polluted nor can they pollute. It also treats of the hair and wool that grows on some fruits, and the beards of barley, etc.

From the six books or “Orders” the Jews call the Babylon Talmud by the pet name of “Shas” (six). The language in which it is written is Hebrew intermingled with Aramaic, Chaldee, Syriac, Arabic, Greek, and Latin words. The Gemara was first begun by Rabban Judah's two sons, Rabbi Gamaliel and Rabbi Simeon. It was vigorously carried on by Rabbi Ashé in Sura, a town on the Euphrates, from 365 a.d. to 425. He divided the Mishna into its sixty-three treatises, and every half-year summoned his disciples and assigned to them two fresh portions of the Law and two of the Mishna. At each meeting their remarks on these portions were discussed, and if approved were incorporated into the Gemara. Rabbis Zabid, Gebhia Rychuma, and Semo of Pumbedaitha;[2] and Rabbis Marimer, Adda bar Abbin, Nachman bar Huno, and Touspho, presidents of the schools of Sura, labored for its advancement; and it was finally completed by Rabbi Abino (Rabbina), and sealed by Rabbi José [pg 011] about 498 a.d. He was the last of the “Dictators.” Those who lived after him were called “Opinionists,” as they did not dictate any doctrines; but only deduced opinions from what had already been settled in the canon of the Talmud. The Opinionists were succeeded by the Sublime Doctors, who were in turn replaced by the ordinary Rabbis. In addition to the Talmud there has been handed down a vast amount of Jewish learning, such as the Bereitha, the Tosephtoth or appendices, the Mechilta or traditions unknown to Rabbi Judah the Holy, and the commentaries Sifra and Sifre. Of these the Jews regard the Bereitha as second to the Mishna. “The mark of Bereitha is ‘the sages learned,’ or ‘it is once learned,’ or ‘it is learned in another one.’ And everything which is not disputed of all these things is an established decision. And whatever is disputed goes according to the concluded decision. What is disputed in the Bereitha, which is not questioned in the Mishna, the decision is according to the Mishna. What is disputed in the Mishna, and not questioned in the Bereitha, is not to be decided according to the Bereitha. And thus it is said, ‘If Rabbi Judah the Holy did not teach it, whence could Rabbi Chayya know it?’ The exception is, that when the decision of Rabbi Eliezer, the son of Jacob, is given, it is regarded as equal to the Mishna. In 102 questions the decision is always with him.”

The period during which both the Jerusalem and Babylon Talmuds were compiled was a season of comparative peace for the Jews. From the death of Rabbi Judah the Holy until Constantine ascended the throne the schools in Tiberias were unmolested. Judah was succeeded in the Patriarchate by Gamaliel; and he in turn gave way to Judah the second. Being inferior in learning to some of his own Rabbis, the splendor of his Patriarchate was eclipsed by the superior talents of Simon Ben Laches and Rabbi Jochanan. From that time the Patriarchate gradually sank in estimation, till the struggles for unlimited power, and the rapacity of the Rabbis, brought the office into contempt, and caused the Emperor Honorius in one of his laws to brand them as “Devastators.” Still, with a loyal affection to the race of Israel, the Jews, wherever scattered in the West, looked to Tiberias as their Zion, and willingly taxed themselves for the support of its [pg 012] Rabbinical schools. The Jews in the East regarded the Prince of the Captivity or Patriarch of Babylon as their centre and chief. He rose to power between the abandonment of the Mesopotamian provinces by Hadrian and the rise of the Persian kingdom. He presided over his subjects with viceregal power and a splendid court. Rabbis were his satraps, and the wise and learned his officers and councillors. Wealth flowed in upon his people, who were engaged in every kind of commerce. One of his merchants in Babylon was said to have had 1,000 vessels on sea and 1,000 cities on shore. There was for a time a spirit of rivalry between the spiritual courts of Tiberias and Babylon.

On one occasion there was an open schism about the calculation of the Paschal feast. The struggle for supremacy took place when Simon, son of Gamaliel, who claimed descent from Aaron, was Patriarch of Tiberias, and Ahia, who claimed descent from King David, was Prince of the Captivity. His two most learned men were Hananiah, the rector of Nahar-pakod, and Judah, son of Bethuriah. To humble these men was the aim of Simon. Accordingly he sent two legates with three letters to Babylon. The first letter was given to Hananiah. It was addressed, “To your holiness.” Flattered by the title, he politely asked the reason of their visit. “To learn your system of instruction.” Still more gratified, he paid them every attention. Availing themselves of their advantage, the legates used every effort to undermine his teaching and lessen his authority. Hananiah, enraged by their conduct, summoned an assembly, and denounced their treachery. The people cried out, “That which thou hast built, thou canst not so soon pull down; the hedge which thou hast planted, thou canst not pluck up without injury to thyself.” Hananiah demanded their objections to his teaching. They answered, “Thou hast dared to fix intercalations and new moons, by which nonconformity has arisen between Babylon and Palestine.” “So did Rabbi Akiba,” said Hananiah, “when in Babylon.” “Akiba,” they replied, “left not his like in Palestine.” “Neither,” cried Hananiah, “have I left my equal in Palestine.” The legates then produced their second letter, in which it was written, “That which thou hast left a kid is grown up a strong horned goat.” Hananiah was [pg 013] struck dumb. Rabbi Isaac, one of the legates, ran, and mounted the reading desk. “These,” said he, calling them out aloud, “are the holy days of God, and these the holy days of Hananiah.”

The people began to murmur. Rabbi Nathan, the second legate, arose, and read the verse of Isaiah, “Out of Zion shall go forth the Law, and the word of the Lord from Jerusalem.” Then in a mocking voice, “Out of Babylon shall go forth the Law, and the Word of the Lord from Nahor-pakod.” The congregation was in an uproar. “Alter not the word of God” was the universal shout. The legates then produced the third letter, threatening excommunication to all who would not obey their decrees. They further said, “The learned have sent us, and commanded us to say, if he will submit, well; if not, utter at once the Cherem.[3] Also set the choice before our brethren in foreign parts. If they will stand by us, well; if not, let them ascend their high places. Let Ahia build them an altar, and Hananiah (a Levite) sing at the sacrifice, and let them at once set themselves apart, and say, ‘We have no portion in the God of Israel.’ ” From every side the cry arose, “Heaven preserve us from heresy; we have still a portion in the Israel of God.” The authority of Tiberias was then recognized as supreme. But when Babylon was afterward politically severed from the Roman power in the West, and fell to the Persians, the Prince of the Captivity represented the Jews of the East as their independent head.

The canon of the Talmud was closed in a season of opulence and repose. This scene, however, speedily changed. Gloomy and dark days were followed by a storm of persecution from the Persian kings, Yesdigird and Firuz “the tyrant.” When their schools were closed, the Jews clung more closely to the Talmud than before. Although never formally adopted by any general council, all orthodox Jews embraced it as supplying a want which they felt. And they have adhered to it [pg 014] through long and dreary centuries, despite the rack and fire of the Inquisitor, and the contempt and scorn of a hostile world. The Talmud has been periodically banned, and often publicly burned, from the age of the Emperor Justinian till the time of Pope Clement VIII. In the year 1569 the famous Jewish library in Cremona was plundered, and 12,000 copies of the Talmud and other Jewish writings were committed to the flames. The first to demand for it toleration and free inquiry was Reuchlin. He declared that he must oppose the destruction of “a book written by Christ's nearest relations.” Before him, Haschim II, Caliph of Cordova in the close of the tenth century, had ordered it to be translated into Arabic. This was done by Rabbi Joseph, the son of Rabbi Moses, surnamed “clad in a sack,” because he was thus meanly clad when his great talents were discovered.

The study of the Talmud has the most fascinating influence over the Jewish mind, and if the latter is to be comprehended, the teaching which moulds it must be clearly understood. “Everyone,” say the Jews, “is bound to divide the time of his study into three parts—one-third is to be devoted to the written law, one-third to the Mishna, and one-third to Gemara.” To understand it in accordance with the thirteen rules of interpretation, it takes a study of seven hours a day for seven years. They also say that it is lawful to rend a man ignorant of the Talmud “like a fish.” Israelites are forbidden to marry the daughter of such a one, as “she is no better than a beast.”

To obviate arguments furnished by its own statements against itself, its adherents make a distinction between its decisions, its directions, and its legendary or romance part,—a distinction fatal to its claim of equality with Holy Scripture. For this legendary part some of the ancient Rabbis had but little respect. Rabbi Joshua, son of Levi, says, “He who writes it down will have no part in the world to come; he who explains it will be scorched.” Maimonides also says, “If one of the many foolish rabbis reads these histories and proverbs, he will find an explanation unnecessary, for to a fool everything is right, and he finds no difficulty anywhere. And if a really wise man reads them, there will be but two ways in which he will consider them. If he takes them in their literal [pg 015] sense and thinks them bad, he will say, This is foolishness, and in so doing he says nothing at all against the foundation of the faith.” The School of Shammai, who lived before Christ, and the School of Hillel, who lived till eight[4] years after His birth, are brought forward as contradictory in their decisions. Like Christian leaders in later times, they strove to exceed each other in learning and pride. Hillel, called also the second Ezra, was born in Babylon. His thirst for learning drove him to Jerusalem. He was so poor he could not fee the porter of the college. So he used to listen at the window. One bitter winter's night he became insensible from cold, and the snow falling fast covered him up. The darkened window called the attention of those inside to his form without. He was then brought in, and soon restored to life. It is said that afterward “he had eighty scholars: thirty of them were fit that the divine glory should rest upon them, as it did upon Moses—thirty others were worthy that the sun should stand still for them, as it did for Joshua—and twenty were of a form between.”

By a sort of legal fiction both schools are supposed to be of equal authority. A Bath Kol[5] or holy echo, supplying the place of departed Urim and Thummim, and of oracles long since silent, is related to have established it. “There came forth a divine voice at Jabneh and said, The words of the one and of the other are the words of the living God, but the certain determination of the thing is according to the School of Hillel, and whosoever transgresseth against the words of the School of Hillel deserves death.” Both schools were Pharisees, but the School of Shammai was the straiter sect. Seven different shades of character have been attributed to the Pharisees of that age: there were those who served God [pg 016] from selfishness—those who did it gradually—those who avoided the sight of women—saints in office—those who asked you to name some duty which they ought to perform—those who were pious from fear of God—and those who were pious from love of Him. Popular opinion differed with regard to them. Some said, “If only two men be saved, one must be a Pharisee”; while others defined a Pharisee to be “one who wished to play the part of Zimri, and to claim the reward of Phinehas.” The great opponents of the Pharisees were the Sadducees, who arose b.c. 300, and were followers of Baithos and Sadok. Their rivals on the other side were the Mehestanites, who returned from the Captivity versed in the doctrines of Zoroaster—in astrology, and in the influences of good and bad spirits. To these might be added the Misraimites, who studied the Kabbala, specially in reference to the forms of letters. The letter Koph, for example, has its curved part severed from its stem, and thus teaches that “the door of mercy is always open to the penitent.” The numerical value of the letters of Messiah and Nachash (serpent) is the same, and this teaches that “the Messiah will overcome the Serpent.”

The Kabbalists believed nothing but what they “received.” Their teachers received from the prophets—the prophets received from angels—David from the Angel Michael, Moses from Metatron, Isaac from Raphael, Shem from Yophiel—and the angels themselves from God. The Metatron is the connecting link between the Divine Spirit and the world of matter. It resembles the Demiurgos of the Gnostics. It is the mystical expression for the Being that forms a union between God and nature, or, as the Zohar puts it, between the “King and the Queen.” There were also the Essenes, who allegorized the Law; the Hellenists, who mixed it up with Greek philosophy; the Therapeutists, who thought supreme happiness to be meditation; the political Herodians; the Zealots; and other petty sects who formed the great mass of the people, and held either with or against the two great schools. The decisions of both schools are remarkable for their concise brevity. A phrase suggests many thoughts—a single word awakes a whole train of reasoning. A German writer has said of the Mishna, that “it is a firmament of telescopic [pg 017] stars, containing many a cluster of light, which no unaided eye has ever resolved.” Some of its sayings are of touching beauty. Such are the words of Rabbi Tarphon, “The day is short—the labor vast;—but the laborers are slothful, though the reward is great, and the Master of the house presseth for despatch.” Some of its sayings are extravagant—some are loathsome—and some are blasphemous. But mixed up as they are together, they form an extraordinary monument of “human industry, human wisdom, and human folly.”

The Talmud contains a system of casuistry in reference to the doctrines of intention and legal uncleanness. It proportions responsibility to the amount of intention, and thereby hands over tender consciences to the control of the Rabbis. It proportions legal uncleanness to every degree of approach to the source, or, as it is called, “the father” of uncleanness; and this again renders necessary continual appeals to the decision of the Rabbis.

Predestination and free will are both taught. “Everything is in the hands of heaven, except the fear of heaven.” “All things are ordained of God, but men's actions are their own.” When men wish to sin they are enjoined to go to a place where they are unknown, and to clothe themselves in black so as not to dishonor God openly. Hereditary sin was denied by the early Kabbalists, but the later ones allow it. They believe that all souls were created in Adam, and therefore partake of his fall. Every kind of philosophy known at the time of its compilation is more or less introduced into the Talmud, and all more or less tinged with Magian superstition. From this superstition grew the mysticism of the Jewish schools. All the arts and sciences, under some form or other, are alluded to, and references to historical events abound in its pages. When it is dangerous to speak of them openly they are veiled under some figure known only to the initiated. Some observations seem to anticipate future discoveries. The Antipodes are hinted at. And the Jerusalem Gemara says that Alexander the Great was represented as carrying a ball in his hand because he believed the figure of the earth to be a sphere. Astronomy is fully discussed. The planets are “moving stars.” Mercury is “the star”; Venus, “splendor”; Mars, [pg 018] “redness”; Jupiter, “rightness”; Saturn, “the Sabbath star.” The signs of the Zodiac have the same names as are now used. The Galaxy is “the river of light.” Comets are “burning arrows.” And it is said that when a comet passes through Orion it will destroy the world. A certain Ishmaelite merchant is related to have invited Rabba to come and see where the heavens and the earth touched. Rabba took his bread basket and placed it on the window while he prayed. He afterward looked for it, but it was gone. He asked the Ishmaelite, “Are there thieves here?” “No,” he replied, “but your basket has gone up in the revolving of the firmament. It will return if you wait till morning when the revolving of the firmament returns where it was before.”

Astrology is treated as a science which governs the life of man. The stars make men wise. The stars make them rich. “A man born on the first day of the week will excel in only one quality. He that is born on the second day will be an angry man, because on that day the waters were divided. He that is born on the third day of the week will be rich and licentious, because on it the herbs were created. He that is born on the fourth day will be wise and of good memory, because on that day the lights were hung up. He that is born on the fifth day will be charitable, because on that day the fishes and fowls were created. He that is born on the Sabbath, on the Sabbath he also shall die, because on his account they profaned the great Sabbath day.” Rabba bar Shila says, “He shall be eminently holy.” Rabbi Chanina says, “The influence of the stars makes wise, the influence of the stars makes rich, and Israel is under the influence of the stars.” Rabbi Jochanan says, “Israel is not under the influence of the stars. Whence is it proved? ‘Thus saith the Lord, Learn not the way of the heathen, and be not dismayed at the signs of heaven, for the heathen are dismayed at them’ (Jer. x. 2). The heathen, but not Israel.” “An eclipse of the sun is an evil sign to the nations of the world; an eclipse of the moon is an evil sign to Israel, for Israel reckons by the moon, the nations of the world by the sun.” It is also said that Saturn and Mars are the baleful stars, and whosoever begins a work, or walks in the way, when either of these two is in the ascendant, will come to sorrow. Astrology naturally leads to [pg 019] amulets and charms. Amulets are divided into two classes, approved and disapproved. An approved amulet is “one that has cured three persons, or has been made by a man who has cured three persons with other amulets.”

Charms are abundantly provided against accidents. “For bleeding of the nose let a man be brought to a priest named Levi, and let the name Levi be written backward. If there be not a priest, get a layman, who is to write backward ‘Ana pipi Shila bar Sumki,’ or ‘Taam dli bemi ceseph, taam dli bemi pagam’; or let him take a root of grass, and the cord of an old bed, and paper, and saffron, and the red part of the inside of a palm tree, and let him burn them together, and let him take some wool, and twist two threads, and dip them in vinegar, and roll them in ashes, and put them into his nose; or let him look out for a stream of water which flows from east to west, and let him go and stand with one leg on each side of it, and let him take with his right hand some mud from under his left foot, and with his left hand from under his right foot, and let him twist two threads of wool, and dip them in the mud, and put them into his nose.” If a man be bitten by a mad dog he must die, unless some remedy be found for him. “Abai says he must take the skin of a male adder, and write upon it, ‘I, M, the son of the woman N, upon the skin of a male adder, write against thee, Kanti Kanti Klirus, but some say, Kandi Kandi Klurus, Lord of Hosts. Amen. Selah.’ Let him also cast off his clothes, and bury them in a graveyard for twelve months of a year; then let him take them up, and burn them in a furnace, and let him strew the ashes at the parting of the roads. And during these twelve months let him only drink out of a brass tube, lest he see the phantom form of the demon, and he be endangered. This was done by Abba, the son of Martha—he is Abba, the son of Manjumi. His mother made him a tube of gold.”

Magic naturally follows from such teaching. Abba Benjamin says, “If leave had been given to see the hurtful demons, no creature could stand before them.” Abbai says, “They are more than we are, and stand against us, like the trench round a garden bed.” Rav Huni says, “Everyone has a thousand on his left hand, and ten thousand on his right hand.” Rabba says, “The want of room at the sermon is from them, the [pg 020] wearing out of the Rabbis' clothes is from their rubbing against them, bruised legs are from them.” “Whosoever wishes to know their existence, let him take ashes passed through a sieve, and strew them in his bed, and in the morning he will see the marks of a cock's claws. Whosoever wishes to see them, let him take the inner covering of a black cat, the kitten of a first-born black cat, which is also the kitten of a first-born, and let him burn it in the fire, and powder it, and fill his eyes with it, and he will see them. And let him pour the powder into an iron tube, and seal it with an iron signet, lest they steal any of it, and let him seal the mouth of it, lest any harm ensue. Rav Bibi bar Abbai did thus, and he was harmed, but the Rabbis prayed for mercy, and he was healed.” Arts of sorcery are attributed to the Rabbis. They are represented as having the power to create both men and melons. One of them is said to have changed a woman into an ass, and ridden the ass to market, when another sorcerer changed the ass again into a woman.

This sorcery is traced to Abraham, who is said (Gen. xxv. 6) to have given his sons gifts. These gifts are stated to have been the arts of sorcery. Legends abound everywhere throughout the Talmud. Rabbi Judah said, Rav said, “Everything that God created in the world, He created male and female. And thus he did with leviathan, the piercing serpent, and leviathan the crooked serpent. He created them male and female; but if they had been joined together they would have desolated the whole world. What then did the Holy One do? He enervated the male leviathan, and slew the female, and salted her for the righteous in the time to come, for it is said, ‘And He shall slay the dragon that is in the sea’ (Isa. xxvii. 1). Likewise, with regard to behemoth upon a thousand mountains, He created them male and female; but if they had been joined together they would have desolated the whole world. What then did the Holy One do? He enervated the male behemoth, and made the female barren, and preserved her for the righteous in the time to come. That period is to be a season of great feasting. The liquor to be drunk will be apple-wine of more than seventy years old. The cup of David alone will hold one hundred and twenty-one logs. It is related that a Rabbi once saw in a desert a flock of geese [pg 021] so fat that their feathers fell off, and the rivers flowed in fat. He said to them, ‘Shall we have part of you in the world to come?’ One of them lifted up a wing and another a leg, to signify the parts we shall have. We should otherwise have had all parts of these geese, but that their sufferings are owing to us. It is our iniquities that have delayed the coming of the Messiah, and these geese suffer greatly by reason of their excessive fat, which daily increases, and will increase till the Messiah comes.”

Rabba bar Chama says that he once saw “a bird so tall, that its head reached to the sky and its legs to the bottom of the ocean.” The water in which it stood was so deep that a carpenter's axe which had fallen in seven years before had not then reached the bottom. He also saw “a frog as large as a village containing sixty houses.” This frog was swallowed up by a serpent, and this serpent in turn by a crow; this crow flew, and perched upon a cedar, and this cedar was as broad as sixteen wagons abreast. There is also an account of a fish which was killed by a worm. This fish, when driven ashore, destroyed sixty cities, and sixty cities ate of it, and sixty cities salted it, and with its bones the ruined cities were rebuilt. Stories are also told of fishes with eyes like the moon, and of horned fishes three hundred miles in length. These stories are intended to confirm the text, “They that go down to the sea in ships, that do business in great waters; these see the works of the Lord and his wonders in the deep” (Ps. cvii. 23, 24). To illustrate the statement of Amos (iii. 8), a story is told of a lion which one of the Cæsars wished to see. At 400 miles distance he roared, and the walls of Rome fell. At 300 miles he again roared, and all the people fell on their backs, and their teeth fell out, and Cæsar fell off his throne. Cæsar then prayed for his removal to a safer distance.

The Talmud informs us that “a young unicorn, one day old, is as large as Mount Tabor.” Consequently Noah had great difficulty in saving an old one alive. He could not get it into the ark, so he bound it by its horn to the side of the ark. At the same time Og, King of Bashan (being one of the antediluvians), was saved by riding on its back. We are further informed that he was one of the giants who came from the intermarriage of angels with the daughters of men. [pg 022] His footsteps were forty miles long, and one of his teeth served to make a couch for Abraham. When the Israelites came against him under the command of Moses, he inquired the size of their camp, and hearing that it was three miles in extent he tore up a mountain of that size, to hurl it upon them. Grasshoppers were, however, sent to bore holes in it, so that it fell over his head on to his neck. His teeth also grew and were entangled in the rocks, as the Psalmist says, “Thou hast broken the teeth of the ungodly” (Ps. iii. 7). He is also said to be identical with Eliezer the servant of Abraham, and to have been, like Enoch, translated to Paradise. This account, however, differs widely from the statements of the Jerusalem Targum on the Book of Numbers (xxi. 34).

The Talmud affirms that Adam was made from dust of all parts of the earth; and that he was created with two faces, as it is written, “Thou hast beset me behind and before” (Ps. cxxxix. 5). The Rabbis further state that he was formed in two parts, one male and one female. His height before his fall reached to the firmament, but after his fall God put his hand upon him, and compressed him small. In the tenth hour after he was made, he sinned; and in the twelfth he was driven out of Paradise. Abraham is said to have put Sarah into a box when he brought her into Egypt, that none should see her beauty. At the custom-house toll was demanded. Abraham said he was ready to pay. The custom-house officers said, “Thou bringest clothes.” He said, “I will pay for clothes.” They said, “Thou bringest gold.” He said, “I will pay for gold.” They said, “Thou bringest silk.” He said, “I will pay for silk.” They said, “Thou bringest pearls.” He said, “I will pay for pearls.” They said, “Thou must open the box,” whereupon her splendor shone over the whole land of Egypt.

Abraham, it is also said, had a precious stone hung around his throat, on which when the sick looked they were healed. Some of the laws of Sodom are also recorded: “Whosoever cut off the ears of another's ass received the ass till his ears grew again.” “Whosoever wounded another, the man wounded was obliged to pay him for letting his blood.” When the judges of Sodom attempted to fine Eliezer, the servant of Abraham, because another man had wounded him, he took [pg 023] up a stone and flung it at the judge. He then bid the judge to pay the fine, which was now due to him for letting his blood, to the man who had first wounded him. There was a public bed in Sodom, and every stranger was obliged to lie in it. If his legs were too long for it, they were cut off; and if too short, they were racked out to the proper length. When a traveller came, each citizen, to show his hospitality, was obliged to give him a coin with his name written upon it. The traveller was then deprived of bread; and when he had died of starvation, the citizens came, and each one took back his own money. The Sodomites thus kept up their character for liberality.

At the giving of the Law the Israelites stood at the lower part of the mount (Exod. xix. 17). Rabbi Avidmi says, “these words teach us that the Holy One, blessed be He, turned the mountain over them like a tub, and said to them, ‘If ye will receive the Law, well; but if not, there shall be your grave.’ ” Rabbi Joshua says, “As each commandment proceeded from the mouth of the Holy One, Israel retreated twelve miles, and the ministering angels led them back, as it is said, ‘The angels of the host did flee apace’[6] (Ps. lxviii. 13). Do not read ‘they fled’ but ‘they led.’ ” Rabbi Eliezer, the Modite, says, that Jethro “heard the giving of the Law; for when the Law was given to Israel His voice went from one end of the world to the other, and all the nations of the world were seized with trembling in their temples, and they repeated a hymn, as it is said, ‘In His temple doth everyone speak of His glory’ ” (Ps. xxix. 9). The question is asked, “Why are the Gentiles defiled?” “Because they did not stand on Mount Sinai, for in the hour the serpent came to Eve he communicated defilement, which was removed from Israel when they stood on Mount Sinai.” Rav Acha, the son of Rabbi, said to Rav Ashai, “How then is it with proselytes?” He answered, “Although they went not there, their lucky star was there, as it is written, ‘With him that standeth here with us this day before the Lord our God, and also with him that is not here with us this day’ ” (Deut. xxix. 15).

In the hour that Moses ascended up on high the ministering angels said before God, “O Lord of the world, what business has he that is born of woman amongst us?” He answered, “He is come to receive the Law.” They replied, “This desirable treasure, which has been treasured up from the six days of creation, six hundred and seventy-four generations before the world was created, dost Thou now wish to give it to flesh and blood? what is man that Thou art mindful of him? and the son of man that Thou visitest him? O Lord, our Lord, how excellent is Thy name in all the earth, Who hast set Thy glory above the heavens.” The Holy One said to Moses, “Return them an answer.” He said, “O Lord of the world, I fear, lest they burn me with the breath of their mouth.” God said, “Lay hold on the throne of my glory, and return them an answer; for it is said, ‘He that holdeth the face of His throne, He spreadeth His cloud over him’ ” (Job xxvi. 9). Rabbi Nahum says, “This means that the Almighty spread some of the glory of the Shechinah and His cloud over him.” He then said, “Lord of the world, what is written in the Law that Thou art about to give me?” “I am the Lord thy God, that brought thee out of Egypt.” He then said, “Did ye (angels) ever go down into Egypt and serve Pharaoh? why then should ye have the Law?” Again, “What is written therein?” “Thou shalt have none other God.” He then asked them, “Do ye then dwell among the uncircumcised, that ye should commit idolatry?” Again, “What is written?” “Remember the Sabbath day to sanctify it.” “Do ye then do any work so as to need rest?” Again, “What is written?” “Thou shalt not take the name of the Lord in vain.” “Have ye then any work that would lead to this sin?” Again, “What is written?” “Honor thy father and mother.” “Have ye then got any father or mother?” Again, “What is written?” “Thou shalt do no murder.” “Thou shalt not commit adultery.” “Thou shalt not steal.” “Have ye then envy or the principle of evil amongst you?” Immediately they praised the Holy One, “Blessed be He.”

Wonderful stories are told of the manna. The manna is said to have fallen from heaven, accompanied by showers of pearls and precious stones. It tasted to everyone according to his desire. If one wished for fat fowl, so it tasted. If another [pg 025] other wished for honey, so it tasted, as it is written, “Thou hast lacked nothing” (Deut. xi. 7). The Targum of Jonathan goes on to inform us, “At the fourth hour, when the sun had waxed hot upon it, it melted and became streams of water, which flowed away into the great sea, and wild animals that were clean, and cattle, came to drink of it, and the children of Israel hunted and ate them” (Exod. xvi. 21). It is further related that the Queen of Sheba (whom the Rabbis labor to prove to have been the King of Sheba) wished to test the knowledge of Solomon who had written on botany “from the cedar to the hyssop.” She once stood at a distance from him with two exquisite wreaths of flowers—one artificial, one natural. They were so much alike that the King looked perplexed, and the courtiers looked melancholy. Observing a swarm of bees on the window, he commanded it to be opened. All the bees lighted on the natural and not one on the artificial wreath. Solomon is also said to have sent Benaiah, the son of Jehoiada, to bind Aschmedai, the king of the devils. After deceiving the devil with wine he made him reveal the secret of the Schamir, or little worm, which can cleave the hardest stone. And by the aid of this worm Solomon built the Temple. The devil afterward asked Solomon for his signet ring, and when he had given it to him the devil stretched one wing up to the firmament and the other to the earth, and jerked Solomon four hundred miles away. Then assuming the aspect of Solomon, he seated himself on his throne. After Solomon had again obtained it, he wrote, “What profit hath a man of all his labor which he taketh under the sun?” (Eccles. i. 3).

A story is told of Nebuzaradan, that he saw the blood of Zecharias bubbling in the court of the priests. When he asked what it meant, he was informed that it was the blood of bullocks and lambs. When he had ordered bullocks and lambs to be slain, the blood of Zecharias still bubbled and reeked above theirs. The priests then confessed that it was the blood of a priest and prophet and judge, whom they had slain. He then commanded eighty thousand priests to be put to death. The blood, however, still continued to bubble. God then said, “Is this man, who is but flesh and blood, filled with pity toward my children, and shall not I be much more?” So he gave a sign to the blood, and it was swallowed up in the place. [pg 026] Of the eighty thousand priests slain none was left but Joshua the son of Jozedek, of whom it is written, “Is not this a brand plucked out of the fire?” (Zech. iii. 2). Of Titus it is said that he was unclean in the Temple, and with a blow of his sword rent the veil, which flowed with blood. To punish him a gnat was sent into his brain, which grew as large as a dove. When his skull was opened, the gnat was found to have a mouth of copper, and claws of iron.

The Talmud teaches that evil spirits, devils, and goblins are the offspring of Adam. They are said to fly about in all directions. They know from eavesdropping what is to come in the future. Like men, they eat, drink, and multiply. They are represented as playing men awkward tricks. One is stated to have broken a vessel of wine, and to have spilled it on the ground. The Rabbis, however, afterward compelled him to pay for it. People are forbidden to ride oxen fresh from the stall, as Satan dances between their horns. Men are forbidden to salute their companions by night, lest they may turn out to be devils. It is also commanded to shake out, before drinking, some water from the vessel, to get rid of what is sipped by the evil spirits. It is, however, permitted to consult Satan on week-days. He is considered identical with the Angel of Death. But he is described as having no power over those engaged in reading the law. Many of his devices are related in the Talmud, whereby he made learned men leave off reading, and then he snatched away their souls. A story is told of the attempt of Rabbi Joshua, the son of Levi, and Satan to deceive each other about the Rabbi's place in paradise. Finally, however, Satan managed to take away his life, whereupon the voice of Elijah is heard shouting in heaven, “Make room for the son of Levi,”—“Make room for the son of Levi.” The Angel of Death is represented as standing at the head of the dying man. He has a drawn sword in his hand, on which is a drop of gall. When the dying man sees it, he shudders and opens his mouth. The Angel of Death then lets it fall into his mouth. The sick man dies, corrupts, and becomes pale. Three days the soul flies about the body, thinking to return to it, but after it sees the appearance of the face changed, it leaves it and goes away.

Rabbi Isaac moreover asserts, that a worm in a dead body [pg 027] is as painful as a needle in a living one. The Talmud still further states that there are three voices continually heard—the voice of the sun as he rolls in his orbit—the voice of the multitudes of Rome—and the voice of the soul as it leaves the body. The Rabbis, however, prayed for mercy on the soul, and this voice has ceased. Instances are also given of men overhearing the conversations of the dead, and receiving profit from them. A man is said to have heard one girl tell another in the grave, that those who sowed their crops at a particular time would find their harvests fail. So he took care to sow at another time, and he had an abundant yield. It is also said that every Friday evening a second soul enters into the bodies of men, and that it remains to the end of the Sabbath, when it departs. The evidence of this second soul is shown by an increased appetite for eating and drinking.

Good angels are stated to be daily created out of the stream of glory which flows from the throne of God, and they sing a new song, and vanish; as it is said, “They are new every morning: great is thy faithfulness” (Lam. iii. 23). The Rabbis also say that angels are created out of every word which proceeds from the mouth of God; as it is said, “By the word of the LORD were the heavens made; and all the host of them by the breath of His mouth” (Ps. xxxiii. 6). The following story is also told: In the hour when Nimrod, the impious, cast Abraham into the midst of the fiery furnace, Gabriel said before the blessed God, “Lord of the world, I will go down and cool the flame, and deliver the righteous One from the furnace of fire.” The blessed God said to him, “I am the ONE in this world, and he is the one in his world. It becomes the ONE to deliver the one.” But as the blessed God deprives no one of his reward, He said, “Thou shalt be deemed worthy to deliver three of his posterity.” Rabbi Simon, the Shilonite, taught, “In the hour that Nebuchadnezzar, the impious, cast Hananiah, Mishael, and Azariah into the midst of the fiery furnace, Jorkemo, the prince of hail, stood up before the blessed God, and said, ‘I will go down and cool the flame, and deliver the righteous ones from the furnace of fire.’ To him said Gabriel, ‘The power of the blessed One is not so, since thou art the prince of hail, and everyone knows that waters quench fire; but I, the prince of fire, will go down and cool inwardly, [pg 028] and heat outwardly, and I will make a wonder within a wonder.’ ” To him said the blessed God, “Go down.” In the same hour Gabriel began and said, “And the truth of the Lord endureth for ever” (Ps. cxvii. 2).

Israelites are forbidden to pray in the Syriac language, as the angels do not understand it, and consequently cannot carry their petitions to God. Gabriel, however, is acquainted with it, as he taught Joseph the seventy languages. The chief of all the angels is said to be the Metatron, who once received fiery blows from another angel called Ampiel. With regard to heaven, the Rabbis teach that Egypt is four hundred miles long and broad, the Morians' land is sixty times larger than Egypt, and the world is sixty times larger than the Morians' land; heaven is sixty times larger than the world, and hell is sixty times larger than heaven. It follows that the “whole world is but a pot-lid to hell.” Yet some say that hell is immeasurable, and some say heaven is immeasurable. It was a pearl amongst the sayings of a Rabbi. “Heaven is not like this world, for in it there is neither eating, nor drinking, nor marriage, nor increasing, nor trafficking, nor hate, nor envy, nor heart-burnings; but the just shall sit with their crowns on their heads, and enjoy the splendors of the Shechinah.”

Hell is said to have three doors,—one in the wilderness, one in the sea, and one in Jerusalem. In the wilderness, as it is written, “They, and all that appertained to them, went down alive into the pit” (Num. xvi. 33). In the sea, as it is written, “Out of the belly of hell cried I, and thou heardest my voice” (Jonah ii. 3). In Jerusalem, as it is written, “Saith the Lord whose fire is in Zion, and His furnace in Jerusalem” (Is. xxxi. 9). The school of Rabbi Ishmael teaches that the “fire in Zion” is hell and “His furnace in Jerusalem” is the gate of hell. It is also taught that the fire of hell has no power over the sinners in Israel, and that the fire of hell has no power over the disciples of the wise. It is again, however, stated that the Israelites who sin with their bodies, and the Gentiles who sin with their bodies, go to hell, and are punished there twelve months. After their body is wasted, and their soul is burned, the wind scatters them beneath the soles of the righteous, as it is said, “And ye shall tread down the wicked: for they shall be ashes under the soles of your feet” (Mal. iv. 3). Heretics—deniers [pg 029] of the resurrection—Epicureans, and other sinners, shall be perpetually tormented “where their worm dieth not and their fire is not quenched.”

The doctrine of the resurrection is clearly taught in the Talmud. As for the last judgment, the following story is told: “Said Antoninus to Rabbi, The body and soul can free themselves from judgment. How? The body can say, The soul sinned from the time it separated from me, while I lay as a stone in the grave. And the soul can say, The body sinned from the time it separated from me, while I flew in the air as a bird.” He replied, “I will give you an example to which it is like. It is like a king of flesh and blood, who has a beautiful garden, and in which are pleasant fruits, and he placed two watchmen therein, of whom one was lame and the other was blind. Said the lame to the blind, ‘I see pleasant fruits in the garden; come, and let me sit upon thee, and let us go and eat.’ ” The lame sat upon the blind, and they went and ate. After some days the lord of the garden came, and said, “Where are my pleasant fruits?” The lame said, “I have no legs to go to them.” The blind said, “I have no eyes to see them.” What did he do? He set the lame upon the blind, and judged them as one. So the blessed God will return the soul into the body, and judge them as one, as it is said, “He shall call to the heavens from above and to the earth, that he may judge his people” (Ps. iv. 4). He shall call to the heavens from above, that is the soul; and to the earth that he may judge his people, that is, the body. After the resurrection men will live without work or weariness of body, their houses shall be of precious stones, and their beds of silk, and the rivers shall run with wine and perfumed oil.

The Talmud often contradicts Holy Scripture. It says that they are in error who believe the Bible account of the sons of Reuben, of the sons of Eli, and of the sons of Samuel. It allows usury, and the passing of children through the fire to Moloch. It permits deceit, and supports it with the text, “With the pure thou wilt show thyself pure, and with the froward thou wilt show thyself unsavory” (2 Sam. xxii. 27). The Rabbis teach hatred of Christians and Gentiles. Instead of saying, “In the presence of the king,” they are taught to say, “In the presence of the dog.” A Jew who bears witness [pg 030] against another Jew before a Gentile is publicly cursed. A Jew is also released from any oath he may swear to a Gentile. It is only permitted a Jewish physician to heal Gentiles for the sake of the fee, or for the practice of medicine, but it is not allowed to save their lives in seasons of danger. Their marriage is no marriage; and their butchers' meat is only carrion. It is wrong to invite them into a Jewish house; and it is not needful to restore what they have lost. When the ox of a Jew gores the ox of a Gentile, the Jew is free; but if the ox of a Gentile gores the ox of a Jew, the Gentile must pay the full cost. A story is told of a Rabbi who sold a number of palm-trees to a Gentile, and afterward ordered his servant to cut off some pieces from them. “For,” he said, “the Gentile knows their number, but he does not know whether they be thick or thin.”

The precepts binding on the sons of Noah are stated to be seven: to do justice; to bless the name of God; to avoid idolatry; to flee from fornication and adultery; to abstain from blood-shedding; not to rob; and not to eat a member of a living animal. An account is given of the river Sambation, which flows with stones all the six days of the week, but rests on the Sabbath day. Examples are also furnished of gluttony and drunkenness. The paunches of some Rabbis grew so big, that, when put together, a pair of oxen might go between them. A story is also related of one Rabbi killing another in a drunken fit, and then working a miracle which restored him to life. In the following year he again invited the Rabbi to drink with him, but he declined, on the ground that “miracles are not wrought every day.” Instances are also given of the anguish of Rabbis in the prospect of death. They express themselves as being without hope of salvation, and as having the fear of hell before them.

Proverbs everywhere abound in the Talmud, and they are generally replete with shrewd observation. “The world subsists through the breath of school children. Whosoever transgresses the words of the Scribes is guilty of death. Whosoever teaches a statute before his teachers ought to be bitten by a serpent. There is no likeness between him who has bread in his basket and him who has none. Rather be the head of foxes than the tail of lions.” This, however, again appears as [pg 031] “Rather be the tail of lions than the head of foxes.” “The righteous in the city is its splendor, its profit, its glory: when he is departed, there is also departed the splendor, the profit, and the glory.” “Licentiousness in a house is as a worm in a pumpkin.” This reappears as “Violence in a house is as a worm in a pumpkin.” “Thy friend has an acquaintance, and the acquaintance of thy friend has also an acquaintance; be discreet.” The unworthy child of a good father is called “vinegar, the son of wine.” “If the opportunity fails the thief, he deems himself honest. The cock and owl await together the morning dawn. Says the cock to the owl, ‘Light profits me, but how does it profit thee?’ Youth is a crown of roses, old age a crown of thorns. Many preach well, but do not practise well. It is the punishment of liars, that men don't listen to them when they speak truth. Every man who is proud is an idolater. To slander is to murder. Whosoever humbles himself, God exalts him; whosoever exalts himself, God humbles him. Men see every leprosy except their own. He who daily looks after his property finds a coin. The post does not honor the man; but the man the post. Every man is not so lucky as to have two tables. Not what thou sayest about thyself, but what thy companions say. The whole and broken tables of the Law lie in the ark. The salt of money is almsgiving. He who walks four cubits in the land of Israel is sure of being a child of the world to come. The plague lasted seven years, and no man died before his time. Let the drunkard only go, he will fall of himself. Be rather the one cursed than the one cursing. The world is like an inn, but the world to come is the real home. The child loves its mother more than its father: it fears its father more than its mother. Repent one day before thy death. If your God is a friend of the poor, why does He not support them? A wise man answered, ‘Their case is left in our hands, that we may thereby acquire merits and forgiveness of sin.’ The house that does not open to the poor shall open to the physician. He who visits the sick takes away one-sixtieth part of their pain. Descend a step in choosing a wife; mount a step in choosing a friend. An old woman in a house is a treasure. Whosoever does not persecute them that persecute him, whosoever takes an offence in silence, whosoever does good from love, whosoever is cheerful [pg 032] under his sufferings, they are friends of God, and of them says the Scripture, ‘they shall shine forth as the sun at noonday.’ ” R. Phineas, son of Jair, said, “Industry brings purity—purity, cleanness—cleanness, holiness—holiness, humbleness—humbleness, fear of sin—and fear of sin, partaking of the Holy Ghost.”

Ideas of God are gathered from the occupations which the authors of the Talmud assign to him. “The day contains twelve hours. The first three hours the Holy One, blessed be He, sits and studies the Law. The second three hours He sits and judges the whole world. When He sees that the world deserves destruction, He stands up from the throne of judgment, and sits on the throne of mercy. The third three hours He sits and feeds all the world, from the horns of the unicorns to the eggs of the vermin. In the fourth three hours He sits and plays with leviathan, for it is said, ‘The leviathan, whom thou hast formed to play therein’ ” (Ps. civ. 26). Rabbi Eliezer says, “The night has three watches, and at every watch the Holy One, blessed be He, sits and roars like a lion; for it is said, ‘The Lord shall roar from on high and utter His voice from His holy habitation; He shall mightily roar upon His habitation’ ” (Jer. xxv. 30). Rabbi Isaac, the son of Samuel, says in the name of Rav, “The night has three watches, and at every watch the Holy One, blessed be He, sits and roars like a lion, and says, ‘Woe is me, that I have laid desolate my house, and burned my sanctuary, and sent my children into captivity among the nations of the world!’ ” He is described as praying, and wearing phylacteries, and as having a special place for weeping. “Before the destruction of the Temple the Holy One played with leviathan, but since the destruction of the Temple, He plays with it no more. In the hour that the Holy One remembers His children who are dwelling with suffering among the nations, He lets two tears fall into the Great Ocean, the noise of which is heard from one end of the world to the other, and this is an earthquake.” It is further said that He “braided the hair of Eve,” and “shaved the head of Sennacherib.” He is represented as keeping school, and teaching the sages. To this school the devils come, especially Aschmedai, the king of the devils. In the discussions that take place, God is said to be sometimes overcome by the wiser Rabbis.

The question of the Messiah is often brought forward. “The tradition of the school of Elijah is, that the world is to stand six thousand years, two thousand years confusion, two thousand years the Law, and two thousand years the days of the Messiah.” It is further said that the time for the coming of the Messiah is expired. “Rav says the appointed times are long since past.” The Jerusalem Talmud relates that “it happened once to a Jew, who was standing ploughing, that his ox lowed before him. An Arab was passing, and heard its voice. He said ‘O Jew! O Jew! unyoke thine ox, and loose thy ploughshare, for the Temple is desolate.’ It lowed a second time, and he said, ‘O Jew! O Jew! yoke thine ox and bind thy ploughshare, for King Messiah is born.’ The Jew said, ‘What is His name?’ He answered ‘Menachem.’ He asked again, ‘What is His father's name?’ He said, ‘Hezekiah.’ He asked, ‘From whence is He?’ He replied, ‘From the royal palace of Bethlehem Judah.’ The Jew then went and saw him; but when he went again, the mother told him ‘that the winds had borne the child away.’ ” The Babylon Talmud further states that “Rabbi Joshua, the son of Levi, found Elijah standing at the door of the cave of Rabbi Simeon ben Yochai, and said to him, ‘Shall I reach the world to come?’ He answered, ‘If the Lord will.’ Rabbi Joshua, the son of Levi, said, ‘I see two, but I hear the voice of three.’ He also asked, ‘When will Messiah come?’ Elijah answered, ‘Go and ask Himself.’ Rabbi Joshua then said, ‘Where does he sit?’ ‘At the gate of Rome.’ ‘And how is he known?’ ‘He is sitting among the poor and sick, and they open their wounds, and bind them up again all at once: but he opens only one, and then he opens another, for he thinks, Perhaps I may be wanted, and then I must not be delayed.’ Rabbi Joshua went to him, and said, ‘Peace be upon thee, my Master, and my Lord.’ He answered, ‘Peace be upon thee, son of Levi.’ The Rabbi then asked him, ‘When will my Lord come?’ He answered, ‘To-day’ ” (Ps. xcv. 7). It is said that “the bones of those who reckon the appointed time of the Messiah must burst asunder.” Again, however, it is said that “Elias told Rabbi Judah, the brother of the pious Rabbi Salah, that the world would not stand less than eighty-five years of Jubilee, and in the last year of Jubilee the son of David will come.” It is further stated that there [pg 034] are first to be the wars of the Dragon, and of Gog and Magog; and that God will not renew the earth until seven thousand years are completed. The Rabbis also say that when the Messiah comes to fulfil the prophecy of riding upon an ass (Zech. ix. 9), the ass shall be one of “an hundred colors.” As for the return of the ten tribes to their own land, the Talmud in some places asserts it, and in some places denies it. But it is said that in the days of the Messiah all the Gentiles shall become proselytes to the Jewish faith. The Rabbis are divided as to the continuance of the Messiah; some say forty years, some seventy years, some three generations, and some say that He will continue as long as from the creation of the world or the time of Noah “up to the present time.” Others say that the kingdom of the Messiah will endure for thousands of years, as “when there is a good government it is not quickly dissolved.” It is also said that He shall die, and His kingdom descend to His son and grandson. In proof of this opinion Isaiah xlii. 4 is quoted: “He shall not fail, nor be discouraged, till He have set judgment in the earth.” The lives of men will be prolonged for centuries: “He will swallow up death in victory” (Is. xxv. 8); and “the child shall die an hundred years old” (Is. lxv. 20). The Talmud applies the former verse to Israel, the latter verse to the Gentiles. The men of that time will be two hundred ells high. This is said to be proved by the word “upright” (Lev. xxvi. 13), “upright” being applied to the supposed height of man before the fall. “Moreover the light of the moon shall be as the light of the sun; and the light of the sun shall be sevenfold, as the light of seven days” (Is. xxx. 26). The land of Israel will produce cakes and clothes of the finest wool. The wheat will grow on Lebanon as high as palm-trees; and a wind will be sent from God to reduce it to fine flour for the support of those who gather it; as it is said “with the fat of kidneys of wheat” (Deut. xxxii. 14). Each kidney will be as large as “the kidneys of the fattest oxen.” To prove that this is nothing wonderful, an account is given of a rape seed in which a fox once brought forth young. These young ones were weighed, and found to be as heavy as sixty pounds of Cyprus weight. Lest these statements should be thought a contradiction of the verse “There is no new thing under the sun” (Eccles. i. 9), the [pg 035] Rabbis say that it is just like the growth of mushrooms, toadstools, and the delicate mosses on the branches of trees. Grapes will also grow most luxuriantly; and in every cluster there will be thirty jars of wine. Jerusalem will be built three miles high; as it is written, “It shall be lifted up” (Zech. xiv. 10). The gates of the city will be made of pearls and precious stones, thirty ells high and thirty ells broad. A disciple of the Rabbis once doubted whether precious stones could be found so large; and shortly afterward, he saw an angel with similar stones, as he was out at sea. On his return to land he related what he had seen to Rabbi Jochanan. Whereupon the Rabbi said, “Thou fool, if thou hadst not seen, thou hadst not believed; thou mockest the words of the wise.” He then “lifted up his eyes upon him, and he was made an heap of bones.”

Said R. Samuel, the son of Nachman, R. Jochanan said, “Three shall be called by the name of the Holy One; blessed be He.” And these are the Righteous, the Messiah, and Jerusalem. The Righteous, as is said (Is. xliii. 7). The Messiah, as it is written (Jer. xxiii. 6): “And this is His name whereby he shall be called, THE LORD OUR RIGHTEOUSNESS.” Jerusalem, as it is written (Ezek. xlviii. 35): “It was round about eighteen thousand measures: and the name of the city from that day shall be The LORD is THERE.”

In the later editions of the Talmud the allusions to Christ and Christianity are few and cautious, compared with the earlier or unexpurgated copies. The last of these was published at Amsterdam in 1645. In them our Lord and Saviour is “that one,” “such an one,” “a fool,” “the leper,” “the deceiver of Israel,” etc. Efforts are made to prove that He is the son of Joseph Pandira before his marriage with Mary. His miracles are attributed to sorcery, the secret of which He brought in a slit in His flesh out of Egypt. His teacher is said to have been Joshua, the son of Perachiah. This Joshua is said to have afterward excommunicated him to the blast of 400 rams' horns, though he must have lived seventy years before His time. Forty days before the death of Jesus a witness was summoned by public proclamation to attest His innocence, but none appeared. He is said to have been first stoned, and then hanged on the eve of the Passover. His disciples are [pg 036] called heretics, and opprobrious names. They are accused of immoral practices; and the New Testament is called a sinful book. The references to these subjects manifest the most bitter aversion and hatred.

The Rabbis have laid down thirteen rules for the interpretation of the Talmud. These rules form their system of logic. They are as follows:

(1.) “Light and heavy,” an argument from the less to the greater. An example is furnished in the case of Miriam (Num. xii. 14). “If her father had but spit in her face, should she not be ashamed seven days? let her be shut out from the camp seven days, and after that let her be received in again.” The argument is here drawn from the conduct of man, the less, to that of God, the greater. The owner of an ox is also fined more for his beast if it gores his neighbor's beast than if it eats his neighbor's corn; since the tooth only means sustenance for the stomach, but the horn means mischief.

(2.) “Equality,” an argument from the similarity or identity of words and impressions. An example is furnished in Deut. xv. 12: “If thy brother, an Hebrew man, or an Hebrew woman, be sold unto thee, and serve thee six years, then in the seventh year thou shalt let him free from thee.” In the 18th verse, when this law is again referred to, the man only is mentioned; but as the woman was mentioned in the former verse, it is concluded that the law applies equally to both.

(3.) “The building of the father,” an argument from the statements in (a) one place in the Law to other passages, which are similar. An example is furnished in Exod. xii. 16, where servile work is forbidden during the feast of unleavened bread, and the conclusion is drawn that servile work is equally forbidden in all festivals of the same nature. This mode of argument is also applied to (b) two places in the Law, where one place refers to the general proposition, and another to particulars arising out of it. An example is furnished in Lev. xv. 1, where a man with an issue is unclean, but in the 4th verse this uncleanness is limited to his bed and his seat.

(4.) “Universal and particular.” Where there is a general and a special statement, the special binds the general. An example is furnished in Lev. i. 2: “If any man of you bring an offering unto the Lord, ye shall bring your offering of the [pg 037] cattle, even of the herd and of the flock.” Cattle (in the Hebrew Behemah) includes both wild and tame. The special terms “herd” and “flock” limit the offering to domesticated animals.

(5.) “Particular and universal,” or argument from the special to the general. An example is furnished in Deut. xxii. 1: “Thou shalt not see thy brother's ox or his sheep go astray: thou shalt in any case bring them again unto thy brother.” In the 3d verse, it is further commanded to restore “all lost things of thy brother's.” Hence it is concluded, not only his ox or his sheep, but that everything, which he has lost is to be restored to him.

(6.) “Universal, particular and universal.” Where there are two universal statements with a particular statement between, the particular limits the universals. An example is furnished in Deut. xiv. 26, where, speaking of the application of the second tithe, it is said, “Thou shalt bestow that money for whatsoever thy soul lusteth after; for oxen, or for sheep, or for wine, or for strong drink, or for whatsoever thy soul desireth.” The special limitation, between the two universal permissions, is to productions of the land of Canaan.

(7.) “The general that requires the special, and the special that requires the general.” An example is furnished in Lev. xvii. 13: “Whatsoever man ... hunteth and catcheth any beast or fowl that may be eaten, he shall even pour out the blood thereof, and cover it with dust.” The word “cover” or “hide” is again used in Gen. xviii. 17: “Shall I hide from Abraham that thing which I shall do?” The conclusion is drawn, that cover is restricted to the blood being hidden under dust, and not put in any vessel. Again (Exod. xiii. 2): “Sanctify unto me all the first-born; whatever openeth the womb among the children of Israel, both of man and beast, it is mine.” From this verse females might be included with males. Reference is made to Deut. xv. 19, where it is found “All the firstling males.” Still it is obscure, when there are firstling females, about the males born afterward. Reference is made to Exod. xxxiv. 19: “All that openeth the matrix is mine.” Here all first-born are allowed. This, however, is too general, and it is again restricted by the word males. And as this is too general, it is again restricted by “all that openeth the matrix.”

(8.) “Whatsoever is taught in general and something special is mentioned—it is mentioned to strengthen the general rule.” An example is furnished in Lev. xx. 2, where the worship of Moloch is forbidden, and the penalty for the sin is death. The conclusion drawn is, that such mention of a special form of idolatry confirms the prohibition of all idolatry.

(9.) “When there is a general rule and also an exception—the exception lightens and does not aggravate.” An example is furnished in the command (Exod. xxi. 12), “He that smiteth a man so that he die, he shall surely be put to death.” The exception is, “Whoso killeth his neighbor ignorantly” (Deut. xix. 4, 5), “he can flee to one of the cities of refuge.”

(10.) “When there is a general rule, and an exception not agreeing with the general rule, the exception both lightens and aggravates.” An example is furnished from the plague of leprosy (Lev. xiii. 3) when the hair is turned white. The head and beard are excepted (29th verse) lest there be gray hairs—this lightens. But if on the head and beard there be “yellow thin hair,” it is a dry scall—this aggravates.

(11.) “When there is an exception from a general rule to establish a new matter—the new matter cannot be brought under the general rule again, unless it be mentioned in the text.” An example is furnished from the eating of holy things (Lev. xxii. 10-13). The priest, any soul bought with his money, and he that is born in his house, may eat of it. This is the general rule. If the priest's daughter be married to a stranger, she may not eat of them. This is the exception. This exception would have remained if she continued married to a stranger, or had a child, or had not returned to her father's house. Therefore a new law is provided, that in the event of none of these things happening, she may again eat of the holy things.

(12.) “Things that teach from the subject, and things that teach from the end.” An example is furnished from the eighth commandment, “Thou shalt not steal.” This law, if applied to man-stealing or kidnapping, implies capital punishment. The reason given is from its following “Thou shalt do no murder,” and “Thou shalt not commit adultery”—two laws which, if violated, entailed death. The second part of this rule applies to things that teach from the end. What is [pg 039] meant by the end is a matter of dispute. Some say it means the final cause of logicians. Others say it means something in the end or conclusion of the law itself. If it be the latter, an example is furnished from the case of the leprous house (Lev. xiv. 45): “And he shall break down the house, the stones of it, and the timber thereof, and all the mortar of the house.” These directions teach that houses made of mud are excepted.

(13.) “When two texts contradict each other, until a third be found to decide between them.” An example is furnished in Gen. i. 1: “In the beginning God created the heaven and the earth.” It is again written, Gen. ii. 4, “In the day that the Lord made the earth and the heavens.” The question now arises, Which did He make first? The answer is found in Isaiah xlviii. 13: “Mine hand also hath laid the foundation of the earth, and My right hand hath spanned the heavens.” The conclusion is drawn that He made both at once. Another instance is the discrepancy in the census of Israel. In 2 Sam. xxiv. 9, the number stated is eight hundred thousand. In 1 Chron. xxi. 5, the number is said to have been “eleven hundred thousand.” The difference of three hundred thousand is accounted for by referring to 1 Chron. xxvii. 1, where it is said that twenty-four thousand served the king every month. These men, when multiplied by the months, make two hundred and eighty-eight thousand. And the twelve thousand which waited upon the twelve captains raise the number to three hundred thousand, the amount required to reconcile the two statements.

In reading the following tracts it should be borne in mind that the meaning in many places is more implied than expressed.[7] Often an idea is taken for granted, which patient continuance in reading can alone bring to light. The subjects to which these tracts refer should first be studied in the Bible; because after such study the restless subtlety of the Rabbis in “binding heavy burdens on men's shoulders” can be more fully discerned. It is desirable to look on these writings from this point of observation; just as on some mountain top one [pg 040] looks not only at the gold which the morning sun pours on grass and flower, but also on the deep valley where the shadows still rest, that one may the more sensibly feel how glorious the sun is. The whole theory of this second, or Oral Law, has arisen from inattention to the express statement of Moses: “These words (the ten commandments) the Lord spake unto all your assembly in the mount out of the midst of the fire, of the cloud, and of the thick darkness, with a great voice: AND HE ADDED NO MORE” (Deut. v. 22). And it tends to nullify the declaration of the Targum of Jonathan Ben Uzziel, “For unto us a child is born, unto us a son is given; and he has taken the law upon himself to keep it” (Isaiah ix. 6).

In concluding this introduction it is perhaps well to glance briefly at the age in which the Talmud grew to its present state. It was a period of great activity and thought. Old systems of debasing superstition were breaking up and passing away. A new faith had arisen to regenerate man. The five centuries which followed the appearing of our Saviour in this world were filled with religious and political events which still make their vibrations felt. From the destruction of Jerusalem and the overthrow of the Jewish polity, an impulse was given to those political changes which have since gone on without intermission among the nations of the earth. From the overthrow of the Jewish Temple an impulse was given to religious earnestness which, often from wrong, often from right motives, has increased, and will increase, as the great consummation draws nigh.

While the Rabbis were laboring at their gigantic mental structure, while generation after generation of their wisest and most patriotic men were accumulating materials to build the tower which became a beacon to their countrymen for all time, the Christian Church was not idle. By their writings and eloquence the Fathers were gathering the treasures of patristic lore which have descended to us. While Rabbis were discoursing in the synagogues of Tiberias and Babylon, Christian orators were preaching in the basilicas of Constantinople and Rome. They have all gone from this mortal scene. But their thoughts are handed down, so that we may converse with them, though they are no longer on earth. We can hear their wisdom—we can see their errors—we can almost fancy [pg 041] we behold their forms—so that, being dead, they yet speak. Since they ceased from their labors empires have risen and fallen, countless millions of our race have vanished into eternity, and left their bodies to moulder into dust. But their teachings still live on, to influence immortal souls for weal or woe. Doubtless their departures from the Word of God prepared a way and furnished matter for the numerous heresies and lawless deeds which form a great portion of the history of mankind. From their errors sprang at least in part the Koran. This and kindred themes, however, open up an interminable vista, leading us away from the Talmud itself. It is better now to conclude this introduction. And with what more suitable words can I close than with those drawn from the wisdom of the Fathers? “It is not incumbent upon thee to complete the work: neither art thou free to cease from it. If thou hast studied the law, great shall be thy reward; for the Master of thy work is faithful to pay the reward of thy labor: but know that the reward of the righteous is in the world to come.”

[Transcriber's Note: What follows is actually only extracts from the Mishna, and not the Gemara; as explained above, what is considered the Talmud is the Mishna and the Gemara together.]

[pg 043]

On Blessings

Recitation of the Shemah—Blessings—Rabbi Gamaliel—Exemptions from the Recitation—Prayers—Differences Between the Schools of Shammai and Hillel—Reverence for the Temple.

Chapter I

1. “From what time do we recite the Shemah[8] in the evening?” “From the hour the priests[9] enter (the temple) to eat their heave offerings, until the end of the first watch.”[10] The words of R. Eleazar; but the Sages say “until midnight.” Rabban Gamaliel says, “until the pillar of the morn ascend.” It happened that his sons came from a banquet. They said to him, “we have not yet said the Shemah.” He said to them, “if the pillar of the morn be not yet ascended, you are bound to say it; and not only this, but all that the Sages say, ‘till midnight,’ they command till the pillar of the morn ascend.” The burning of the fat and members they command “till the pillar of the morn ascend.” And all offerings, which must be eaten the same day, they command “till the pillar of the morn ascend.” If so, why do the Sages say “until midnight”? “To withhold man from transgression.”

2. “From what time do we recite the Shemah in the morning?” When one can discern betwixt “blue and white.” R. Eleazar says “betwixt blue and leek green.” And it may be finished “until the sun shine forth.” R. Joshua says “until the third hour.”[11] For such is the way of royal princes to rise at the third hour. He who recites Shemah afterward loses nothing. He is like a man reading the Law.

3. The school of Shammai say that in the evening all men are to recline when they recite the Shemah; and in the morning they are to stand up; for it is said, “when thou liest down and when thou risest up.”[12] But the school of Hillel say, that every man is to recite it in his own way; for it is said, “when thou walkest by the way.”[13] If so, why is it said, “when thou liest down and when thou risest up”? “When mankind usually lie down, and when mankind usually rise up.” R. Tarphon said, “I came on the road, and reclined to recite the Shemah according to the words of the school of Shammai, and I was in danger of robbers.” The Sages said to him, “thou wast guilty against thyself, because thou didst transgress the words of the school of Hillel.”

4. In the morning two blessings are said before (the Shemah), and one after it; and in the evening two blessings before and two after it, one long and one short.[14] Where the (Sages) have said to lengthen, none is allowed to shorten; and to shorten none is allowed to lengthen: to close, none is allowed not to close; not to close, none is allowed to close.

5. We commemorate the departure from Egypt at night; said R. Eleazar, son of Azariah, “truly I am a son of seventy years, and was not clear that thou shouldst say the departure from Egypt at night until the son of Zoma expounded, ‘that thou mayest remember the day when thou camest forth out of the land of Egypt all the days of thy life;’[15] the days of thy life (are) days; all the days of thy life (include) the nights.” But the Sages say, “the days of thy life (are) this world; all the days of thy life (include) the days of the Messiah.”

Chapter II

1. “If one who is reading in the Law when the time comes for praying intends it in his heart?” “He is free.” “But if not?” “He is not free.” “At the end of the sections one salutes out of respect, and responds; but in the middle of a section he salutes from fear, and responds.” Such are the words of R. Mair. R. Judah says, “in the middle he salutes from fear, and responds out of respect; at the end he salutes out of respect, and repeats peace to every man.”

2. The intervals of the sections are between the first blessing and the second—between the second and “Hear, O Israel;” between “Hear” and “it shall come to pass;”[16] between “and it shall come to pass” and “and he said;”[17] between “and he said” and “it is true and certain.”[18] Said R. Judah, “between ‘and he said’ and ‘it is true and certain,’ none is to pause.” R. Joshua, the son of Korcha, said, “Why does the (section) ‘Hear,’ etc., precede ‘and it shall come to pass’? ‘That one may take on himself the kingdom of heaven, before he take on himself the yoke of the commandments.’ Why does (the section) ‘and it shall come to pass’ precede ‘and he said’? Because ‘and it shall come to pass’ may be practised by day and by night;[19] but ‘and he said,’ etc., only by day.”[20]

3. He who recites the Shemah so as not to be audible to his own ears, is legally free.[21] R. José says “he is not legally free.” “If he has said it without grammar and pronunciation?” R. José says “he is legally free.” R. Judah says “he is not legally free.” “If he said it irregularly?” “He is not legally free.” “In recitation he mistook?” “He must recommence from the place where he mistook.”

4. Laborers may recite the Shemah on the top of a tree, or of a wall, but they are not allowed to do so with the prayer.[22]

5. A bridegroom is exempted from reciting the Shemah on the first night of marriage, and, even until the expiration [pg 046] of the Sabbath if the marriage be not complete. It happened that Rabban Gamaliel recited on the first night. His disciples said to him, “hast thou not taught us, our master, that a bridegroom is exempted from reciting Shemah on the first night?” He said to them, “I will not hear you, to deprive myself of the yoke of the kingdom of heaven even one hour.”

6. He (R. Gamaliel) bathed on the first night of his wife's death. His disciples said to him, “hast thou not taught us, our master, that a mourner is forbidden to bathe?” He said to them, “I am not like all other men; I am infirm.”

7. When his slave Tabbi died, he received visits of condolence. His disciples said to him, “hast thou not taught us, our master, that visits of condolence are not to be received for slaves?” He said to them, “my slave Tabbi was not like all other slaves, he was upright.”

8. The bridegroom who wishes to recite the Shemah on the first night may recite it. R. Simeon, the son of Gamaliel, said, “not every one who wishes to affect the pious reputation can affect it.”

Chapter III

1. He whose dead lies before him is exempted from reciting the Shemah,—from the prayer,—and from the phylacteries.[23] Those who carry the bier, and those who relieve them, and those who relieve the relief,—those who go before the bier, and those who follow it, who are required for the bier, are exempted from reciting the Shemah. But those not required for the bier are bound to recite it. Both (parties) are exempted from the prayer.

2. When they have buried the dead, and return, if they have time to begin and end (the Shemah) before they reach the rows (of mourners), they must begin: if not, they must not begin. Of those standing in the rows the inner (mourners) are exempt, but the outer ones are bound to recite the Shemah.

3. Women, slaves, and children, are exempt from reciting the Shemah, and also from the phylacteries; but they are [pg 047] bound in the prayer, the sign on the door-post, and the blessing after food.

4. A man in his legal uncleanness is to meditate in his heart on the (Shemah), but he is not to bless before, or after it. After his food he blesses, but not before it. R. Judah says “he blesses both before and after it.”

5. If one stand in prayer, and recollect that he is in his uncleanness, he is not to pause, but to shorten (the prayer). If he has gone down into the water (to bathe),[24] and can go up, dress, and recite the Shemah before the sun shines forth, he is to go up, dress, and recite it. But he is not to cover himself with foul water or with water holding matter in solution unless he has poured clean water to it. “How far is he to keep from foul water, or excrement?” “Four cubits.”

6. A man in his uncleanness with a running issue, a woman in her uncleanness, during separation, and she who perceives the need of separation, require the bath. But R. Judah “exempts them.”

Chapter IV

1. The morning prayer may be said till noon. R. Judah says “until the fourth hour.” The afternoon prayer until the evening. R. Judah says “until half the afternoon.” The evening prayer has no limit, and the additional prayers may be said all day. R. Judah says “until the seventh hour.”

2. R. Nechooniah, son of Hakanah, used to pray when he entered the lecture-room, and when he went out he said a short prayer. The (Sages) said to him, “what occasion is there for this prayer?” He said to them, “when I enter I pray that no cause of offence may arise through me; and when I go out I give thanks for my lot.”

3. Rabban Gamaliel said, “one must daily say the eighteen prayers.” R. Joshua said “a summary of the eighteen.” R. Akivah said, “if his prayer be fluent in his mouth, he says the eighteen; if not, a summary of the eighteen.”

4. R. Eleazar said, “if one make his prayer fixed, his prayer is not supplications.” R. Joshua said, “if a man travel in dangerous places, let him use this short prayer: ‘Save, O [pg 048] Lord, thy people, the remnant of Israel; at every stage of their journey[25] let their wants be before thee. Blessed art thou, O Lord, who hearest prayers.’ ”

5. If one ride on an ass, he must dismount: if he cannot dismount, he must turn his face; and if he cannot turn his face, he must direct his heart toward the Holy of Holies.

6. If one be seated in a ship, or in a carriage, or on a raft, he must direct his mind toward the Holy of Holies.

7. R. Eleazar, the son of Azariah, said “the additional[26] prayers are only to be said in a public congregation.” But the Sages say, “if there be a public congregation, or no public congregation.” R. Judah said in his name, “in every place, where there is a public congregation, individuals are exempted from additional prayers.”

Chapter V

1. Men should not stand up to pray, except with reverential head. The pious of ancient days used to pause one hour before they began to pray, that they might direct their hearts to God. Though the king salute, one must not respond; and though a serpent wind itself round his heel, one must not pause.

2. Men should mention the heavy rain in praying for the resurrection of the dead; and entreat for rain in the blessing for the year, and “the distinction between the Sabbath and weekday”[27] is to be said in the prayer “who graciously bestows knowledge.”[28] R. Akivah said, “the distinction between the Sabbath and week-day is to be said in a fourth prayer by itself.” R. Eleazar said, “in the thanksgivings.”

3. He who says, “Thy mercies extend to a bird's nest,” or, “for goodness be Thy name remembered,” or he who says, “we give thanks, we give thanks,”[29] is to be silenced. If a man pass up to the ark (where the rolls of the Law are kept) and make a mistake, another must pass up in his stead; nor may he in such a moment refuse. “Where does he begin?” “From the beginning of the prayer in which the other made the mistake.”

4. He who passes up to the ark is not to answer “Amen” after the priests, lest his attention be distracted. If no other priest be present but himself, he is not to lift up his hands (to bless the congregation). But if he be confident that he can lift up his hands, and then resume, he is at liberty.

5. If a man pray, and make a mistake, it is a bad sign for him. If he be a representative of a congregation, it is a bad sign for his constituents, for a man's representative is like himself. They say of R. Hanina, son of Dosa, that when he prayed for the sick, he used to say, “this one will live,” or “this one will die.” The (Sages) said to him, “how do you know?” He said to them, “if my prayer be fluent in my mouth, I know that he is accepted; but if not, I know that he is lost.”

Chapter VI

1. “How do we bless for fruit?” “For fruit of a tree say, ‘Who createst the fruit of the wood,’ excepting the wine. For wine say, ‘Who createst the fruit of the vine.’ For fruits of the earth say, ‘Who createst the fruit of the ground,’ excepting the morsel. For the morsel say, ‘Who bringest forth bread from the earth.’ For vegetables say, ‘Who createst the fruit of the ground.’ R. Judah says, ‘Who createst various kinds of herbs.’ ”

2. He who blessed the fruits of the tree (thus), “Who createst the fruits of the ground?” “He is free.” And for the fruits of ground (said), “Who createst the fruits of the wood?” “He is not free.” But, in general, if one say, “(Who createst) everything?” “He is free.”

3. For the thing which groweth not from the earth, say, “(Who createst) everything.” For vinegar, unripe fruit, and locusts, say “everything.” For milk, cheese, and eggs, say “everything.” R. Judah says, “whatever it be, which had its origin in a curse, is not to be blessed.”

4. If a man have before him many kinds of fruits? R. Judah says, “if there be among them of the seven[30] kinds, he [pg 050] is to bless them.” But the Sages say “he may bless whichever of them he pleases.”

5. “If one blessed the wine before food?” “The blessing frees the wine after food.” “If he blessed the titbit before food?” “It frees the titbit after food.” “If he blessed the bread?” “It frees the titbit.” But the blessing on the titbit does not free the bread. The school of Shammai say, “neither does it free the cookery.”

6. “If several persons sit down to eat?” “Each blesses for himself.” “But if they recline together?” “One blesses for all.” “If wine come to them during food?” “Each blesses for himself.” “But if after food?” “One blesses for all.” He also blesses for the incense, even though they have not brought it till after the repast.

7. “If they first set salt food before a man and bread with it?” “He blesses the salt food, which frees the bread, as the bread is only an appendage.” The rule is, whenever there is principal and with it appendage,—the blessing on the principal frees the appendage.

8. “If one have eaten figs, grapes, and pomegranates?” “He must say after them three blessings.” The words of Rabban Gamaliel. But the Sages say, “one blessing—a summary of the three.” R. Akivah says, “if one have eaten [pg 051] boiled (pulse); and it is his meal, he must say after it three blessings.” Whoever drinks water for his thirst, says, “By whose word everything is,” etc. R. Tarphon says, “Who createst many souls,” etc.

Chapter VII

1. Three men who have eaten together are bound to bless after food. “If a person have eaten of that which is doubtful, whether it has paid tithe or not; or of first tithe from which the heave offering has been taken; or of second tithe or consecrated things, which have been redeemed; also, if the waiter have eaten the size of an olive; or a Samaritan be of the party?” “The blessing must be said.” “But if one have eaten the untithed—or first tithes from which the heave offering has not been taken—or consecrated things which are unredeemed; or if the waiter have eaten less than the size of an olive, or a stranger be of the party?” “The blessing is not to be said.”

2. There is no blessing at food for women, slaves, and children. What quantity is required for the blessing at food? The size of an olive. R. Judah says “the size of an egg.”

3. “How do we bless at food?” “If there be three, one says, ‘Let us bless,’ etc.; if three and himself, he says, ‘Bless ye,’ etc.: if ten, he says, ‘Let us bless our God,’ etc.; if ten and himself, he says, ‘Bless ye,’ etc.; (so) if there be ten or ten myriads. If there be an hundred, he says, ‘Let us bless the Lord our God,’ etc.; if there be an hundred and himself, he says, ‘Bless ye,’ etc.: if there be a thousand, he says, ‘Let us bless the Lord our God, the God of Israel;’ if there be a thousand and himself, he says, ‘Bless ye,’ etc.: if there be a myriad, he says, ‘Let us bless the Lord our God, the God of Israel, the God of Hosts, who sitteth between the Cherubim,’ etc.; if there be a myriad and himself, he says, ‘Bless ye,’ etc. As he pronounces the blessing, so they respond after him, ‘Blessed be the Lord our God, the God of Israel, the God of Hosts, who sitteth between the Cherubim, for the food we have eaten.’ ” R. José the Galilean says they should bless according to the number of the assembly; for it is written, “Bless ye God in the congregations; (even) the Lord from the fountain of [pg 052] Israel.”[31] Said R. Akivah, “What do we find in the synagogue? whether many or few the minister says, ‘Bless ye the Lord,’ ” etc. R. Ishmael says, “Bless ye the Lord, who is ever blessed.”

4. When three have eaten together, they are not permitted to separate without blessing; nor four or five. But six may divide into two parties, and so may any number up to ten. But ten may not separate without blessing, nor any number less than twenty (who can divide into two parties).

5. If two companies have eaten in one house, and some of each company be able to see some of the other company, they may join in the blessing; but if not, each company blesses for itself. “They should not bless the wine till it has been mixed with water.” The words of R. Eleazar. But the Sages say “they may bless it unmixed.”

Chapter VIII

1. These are the controversies relating to meals between the schools of Shammai and Hillel. The school of Shammai say, “one must say the blessing of the day, and then bless the wine;” but the school of Hillel say, “one must say the blessing on the wine, and then bless the day.”

2. The school of Shammai say, “men must pour water on the hands, and then mix the goblet;” but the school of Hillel say, “the goblet must be mixed, and then water poured on the hands.”

3. The school of Shammai say, “one is to wipe his hands on the napkin, and lay it on the table;” but the school of Hillel say, “on the cushion.”

4. The school of Shammai bless “the light, the food, the spices, and the distinction of the day;” but the school of Hillel bless “the light, the spices, the food, and the distinction of the day.” The school of Shammai say, “who created the light of fire;” but the school of Hillel say, “Creator of the lights of fire.”

6. Men must not bless light and spices of idolatrous Gentiles, nor light and spices of corpses, nor light and spices before [pg 053] an idol. They must not bless the light until they have enjoyed the light.

7. “If one have eaten, and forgotten, and not blessed?” The school of Shammai say, “he must return to his place and bless.” But the school of Hillel say, “he may bless in the place where he recollects.” “How long is one obliged to bless?” “Until the food in his stomach be digested.”

8. “If wine came to the company, and there is but one goblet?” The school of Shammai say “that one must bless the wine and then bless the food.” But the school of Hillel say “that one must bless the food and then bless the wine.” Men must answer “Amen” when an Israelite blesses; but they must not answer “Amen” when a Samaritan blesses, until the whole[32] blessing be heard.

Chapter IX

1. He who sees a place where signs were wrought for Israel, says, “Blessed be He who wrought signs for our fathers in this place;” a place where idolatry has been rooted out,—says, “Blessed be He who hath rooted idolatry out of our land.”

2. On comets, earthquakes, lightnings, thunder, and tempests, say, “Blessed be He whose strength and might fill the world.” On mountains, hills, seas, rivers, and deserts, say, “Blessed be He who made the creation.” R. Judah says, when a man sees the great sea he is to say, “Blessed be He who made the great sea,”—when he sees it at intervals. On rains, and on good news say, “Blessed be He who is good and beneficent.” On bad news say, “Blessed be the true Judge.”

3. He who has built a new house, or bought new furniture, says, “Blessed be He who has kept us alive,” etc. One must bless for evil the source of good; and for good the source of evil. “He who supplicates for what is past?” “Such prayer is vain.” “How?” His wife is pregnant, and he says, “God grant that my wife may bring forth a male child.” Such prayer is vain. Or if one on the road hear the voice of lamentation in the city, and say, “God grant that it may not be my son, my house,” etc., such prayer is vain.

4. Whoever enters a fortified town must say two prayers, one at his entrance, and one at his departure. Ben Azai says, “four, two at his entrance, and two at his departure; he returns thanks for the past, and supplicates for the future.”

5. Man is bound to bless God for evil, as he is bound to bless Him for good. For it is said, “And thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy might.”[33] “With all thy heart” means, with both thy inclinations, the evil as well as the good. “With all thy soul” means, even should He deprive thee of life; and “with all thy might” means with all thy wealth. Another opinion is, that “with all thy might” means whatever measure He metes out unto thee, do thou thank Him with thy entire might. No man is to be irreverent opposite the eastern gate of the Temple, for it is opposite the Holy of Holies. No man is to go on the mountain of the house with his staff, shoes, or purse, nor with dust on his feet, nor is he to make it a short cut, nor is he to spit at all. All the seals of the blessings in the sanctuary used to say, “from eternity.” But since the Epicureans perversely taught there is but one world, it was directed that man should say, “from eternity to eternity.” It was also directed that every man should greet his friend in THE NAME, as it is said, “And behold Boaz came from Bethlehem, and said unto the reapers, The Lord (be) with you: and they answered him, The Lord bless thee.”[34] And it is also said, “The Lord is with thee, thou mighty man of valor.”[35] And it is said, “Despise not thy mother when she is old.”[36] And it is also said, “(It is) time for (thee), Lord, to work, for they have made void thy law.”[37] R. Nathan says, “They have made void thy law because (it is) time for (thee), Lord, to work.”

On The Sabbatical Year

Ploughing—Gardening—Dunging—Removing Stones—Sowing—Cutting Down Trees—Fruits—Buying and Selling—Territory Included in the Sabbatical Year—Produce Governed by Its Laws—Debts and Payments.

Chapter I

1. “How long do men plough in a field with trees on the eve of the Sabbatical year?”[38] The school of Shammai say, “so long as it is useful for the fruit;” but the school of Hillel say, “till Pentecost,” and the words of the one are near to the words of the other.

2. “What is a field with trees?” “Three trees to every fifty cubits square, if they be fit to produce a heap of figs worth sixty Italian minas;[39] on their account men can legally plough the earth for the whole fifty cubits square around them. Less than for these they may not legally plough, save the extent of the gatherer of fruit with his basket outward.”

3. “Whether they be fruitless or fruitful?” “Men may regard them as though they were fig-trees.” “If they be fit to produce a heap of figs worth sixty Italian minas?” “On their account they may legally plough the whole fifty cubits square around them. Less than for these they may not plough, save what is absolutely needful.”

4. “One tree produced a heap of figs, and two trees did not produce it; or two trees produced it, and one did not produce it?” “Men may not plough save what is absolutely needful for them, till they be from three to nine in number.” “If they be ten?” “On their account men may legally plough around them the whole fifty cubits square; and also from ten trees and upward, whether they produce or do not produce [pg 056] it.” As is said, “in earing-time and in harvest thou shalt rest.”[40] There is no need to say earing-time and harvest in the Sabbatical year, but earing-time on the eve of the Sabbatical year, when it is just entering on the Sabbatical year; and harvest of the Sabbatical year, which is proceeding toward the close of the Sabbatical year. Rabbi Ishmael said, “as the earing-time (mentioned Exod. xxxiv. 21) is voluntary, so the harvest is voluntary, except the harvest of the (omer) sheaf.”[41]

5. “If the three trees belong to three owners?” “They are reckoned as one, and on their account they may legally plough the whole fifty cubits square around them.” “And how much space must be between them?” Rabban Simon, the son of Gamaliel, said, “that a bullock with his ploughing instruments may pass.”

6. “If there be ten saplings dispersed in the fifty cubits square?” “On their account men may plough the whole fifty cubits square around them till new year's day.” “If they be placed in a row, or rounded like a crown?” “Men may not plough save what is absolutely needful for them.”

7. The saplings and the gourds are reckoned alike in the fifty cubits square. Rabban Simon, the son of Gamaliel, said, “for every ten cucumbers in the fifty cubits square, men may plough the fifty cubits square around them till new year's day.”

8. “How long are they called saplings?” Rabbi Eleazar, the son of Azariah, said,[42] “till they can be used.” R. Joshua said, “till the age of seven years.” R. Akiba said, “a sapling, as commonly named.” “A tree decays and sprouts afresh; when less than a handbreadth, it is a sapling; when more than a handbreadth, it is a tree.” The words of Rabbi Simon.

Chapter II

1. “How long may men plough in a white[43] field on the eve of the Sabbatical year?” “Till the productiveness ceases; so long as men usually plough to plant cucumbers and gourds.” Said R. Simon, “thou hast put the law in every man's hand. [pg 057] But men may plough in a grain field till the Passover, and in a field of trees till Pentecost.”

2. Men may dung and dig among cucumbers and gourds till new year's day, and they may also do so in a parched-up field. They may prune them, remove their leaves, cover them with earth, and fumigate them, till new year's day. R. Simon said, “one may even remove the leaf from the bunch of grapes in the Sabbatical year.”

3. Men may remove stones till new year's day. They may gather the ears, they may break off branches, they may cut off the withered part till new year's day. R. Joshua said, “as they may break off branches and cut off the withered part of the fifth year, so also they may do it in the sixth year.” Rabbi Simon said, “every time I am permitted to work among the trees, I am permitted to cut off the withered part.”

4. Men may smear the saplings, and bind them, and cut them down, and make sheds for them, and water them, till new year's day. R. Eleazar, the son of Zadok, said, “one may even water the top of the branch in the Sabbatical year, but not the root.”

5. Men may anoint unripe fruits, and puncture[44] them, till new year's day. Unripe fruit of the eve of the Sabbatical year which is just entering on the Sabbatical year, and unripe fruit of the Sabbatical year which is proceeding to the close of the Sabbatical year, they may neither anoint nor puncture. Rabbi Jehudah said, “the place where it is customary to anoint them, they may not anoint them, because that is work. The place where it is not customary to anoint them, they may anoint them.” R. Simon “permitted it in trees because it is allowable in the usual culture of the trees.”

6. Men may not plant trees, make layers, or engraft them, on the eve of the Sabbatical year, less than thirty days before new year's day. And if one plant them, or make layers, or engraft them, they must be rooted out. Rabbi Judah said, “every graft which does not cohere in three days has no more cohesion.” Rabbi José and R. Simon said “in two weeks.”

7. Rice, and millet, and poppy, and simsim,[45] which have taken root before new year's day, must be tithed for the past year, and are allowed for use in the Sabbatical year; otherwise [pg 058] they are forbidden in the Sabbatical year, and must pay tithes for the following year.

8. R. Simon of Shezur said, “Egyptian beans which are sown at first for seed are reckoned like them.” R. Simon said, “the large lentils are reckoned like them.” R. Eliezer said, “the large lentils which put forth pods before new year's day are also reckoned like them.”

9. “Onions, not for seed, and Egyptian beans, from which water is withheld thirty days before new year's day, must pay tithes for the past year, and they are allowed for use in the Sabbatical year. Otherwise they are forbidden in the Sabbatical year, and must be tithed for the coming year, and so also (the produce) of a rain-field[46] from which the water of irrigation is withheld on two occasions.” The words of R. Maier. But the Sages say “three.”

10. “The gourds which stand over for seed?” “If they dry up before new year's day and are unfit for human food, it is lawful to let them remain on the Sabbatical year. Otherwise it is forbidden to let them stand over on the Sabbatical year. Their buds are forbidden in the Sabbatical year. But they may be sprinkled with white dust.”[47] The words of R. Simon. Rabbi Eliezer, the son of Jacob, “forbade them.” Men may irrigate rice in the Sabbatical year. Rabbi Simon said, “but they must not cut its leaves.”

Chapter III

1. “How long may men bring out dung to the heap?” “Till the time comes for stopping work.” The words of R. Maier. R. Judah said, “till its fertility[48] dry out.” R. José said, “till it hardens into a lump.”

2. “How much may men manure?” “As much as three times three heaps for fifty cubits square of ten times ten ass panniers, each containing a letech.[49] They may increase the [pg 059] panniers, but they must not increase the heaps.” Rabbi Simon said, “also the heaps.”

3. A man may make for his field three times three heaps to the fifty cubits square. “For more than these he must excavate the earth.” The words of R. Simon. But the Sages “forbid it, till he sink the heaps three handbreadths, or till he raise them three above the earth.” A man may keep his manure in store. Rabbi Maier “forbade it till he sink it three handbreadths, or till he raise it three.” If he have only a little, he may increase it and proceed in his work. Rabbi Eleazar, the son of Azariah, “forbade it till he sink the manure three handbreadths, or raise it three, or till he place it on a rock.”

4. “He who stables his cattle in his field?” “He may make a pen twice fifty cubits square. He may remove three sides and leave the middle one. It follows that he has a stable four times fifty cubits square.” Rabbi Simon, the son of Gamaliel, said “eight times fifty cubits square.” “If his whole field were four times fifty square cubits?” “He should leave a little space because of the observant eye, and he may remove the manure of his cattle from the pen and put it into the middle of his field, as men usually manure.”

5. A man may not open a quarry in the beginning of the Sabbatical year in his field, unless there be already in it three heaps of stones measuring three cubits by three cubits, and in height three cubits, counting twenty-seven stones in each heap.

6. A fence composed of ten stones each, of weight sufficient for two men, may be removed. “If the fence measure ten handbreadths?” “Less than this he may clear off, but he must leave it a handbreadth high over the ground.” These words only speak of his own field. But from his neighbor's field he may take away what he pleases. These words speak of the time when one did not begin the work on the eve of the Sabbatical year. “But if one begin on the eve of the Sabbatical year?” “He may take away what he pleases.”

7. Stones shaken by the plough, or those covered and afterward exposed, if there be among them two of a burden for two men, may be removed. He who removes stones from his field may remove the upper (ones),[50] but he must leave those touching the earth. And so also from a heap of rubbish, or a [pg 060] heap of stones, one may take away the upper part, but must leave that which touches[51] the earth. If there be beneath them a rock, or stubble, they may be removed.

8. Men must not build terraces on the face of the hills on the eve of the Sabbatical year, when the rains have ceased, because that is preparation for the Sabbatical year. But one may build them in the Sabbatical year, when the rains have ceased, because that is preparation for the close of the Sabbatical year. And men must not strengthen them with mortar, but they may make a slight wall. Every stone which they can reach[52] with their hands and remove, they may remove.

9. “Shoulder stones may come from every place, and the contractor may bring them from every place. And these are shoulder stones, every one which cannot be carried in one hand.” The words of R. Maier. Rabbi José said, “shoulder stones, commonly so named, all that can be carried, two, three, upon the shoulder.”

10. He who builds a fence between his own and public property may sink it down to the rock. “What shall he do with the dust?” “He may heap it up on the public property, and benefit it.” The words of R. Joshua. R. Akiba said, “as we have no right to injure public property, so we have no right to benefit it.” “What shall he do with the dust?” “He may heap it up in his own field like manure, and so also when he digs a well, or a cistern, or a cave.”

Chapter IV

1. In olden times they used to say a man may gather wood, stones, and grass in his own (field), just as he may gather that which is greater out of his neighbor's field. When transgressors increased, a rule was made that this one should gather from that one, and that one from this one, without benefit; and it is unnecessary to say that one could not promise victuals to those who gathered.

2. A field cleared of thorns may be sown in the close of the Sabbatical year. If it be tilled or manured by cattle, it must [pg 061] not be sown in the close of the Sabbatical year. “If a field be twice ploughed?”[53] The school of Shammai say, “its fruit must not be eaten in the Sabbatical year.” But the school of Hillel say, “it may be eaten.” The school of Shammai say, “they must not eat its fruit on the Sabbatical year, if (the owner of it have) benefit therefrom.” But the school of Hillel say, “men may eat it whether there be or be not benefit.” R. Judah said, “the words are contrary; that which is permitted by the school of Shammai is restricted by the school of Hillel.”

3. Men may contract for cultivated fields from Gentiles on the Sabbatical year, but not from Israelites. And they may strengthen the hands of the Gentiles on the Sabbatical year, but not the hands of Israelites. And in saluting Gentiles they may ask after their peace for the sake of peace.[54]

4. “If one thins olive trees?” The school of Shammai say, “only cut them down,” and the school of Hillel say, “one may root them out”; but they both agree that for smoothing the earth the trees must be cut down. “What is meant by thinning?” “Removing one or two.” “What is meant by smoothing the earth?” “Removing three trees each by the side of the other.” “How is this understood?” “That one may root them out not only of his own field, but also when smoothing down the field of his neighbor.”

5. “He who cleaves olive trees must not fill in the vacuum with earth; but he may cover it over with stones or stubble. He who cuts down trunks of sycamore must not fill in the vacuum with earth, but he may cover it over with stones or stubble. Men must not cut down a young sycamore in the Sabbatical year, because that is labor.” R. Judah said, “if as it is usually done it is forbidden: but one may allow it to be ten handbreadths high, or cut it just above the ground.” “He who lops off vine tendrils, and cuts reeds?” R. José the Galilean said, “he must leave them an handbreadth high.” Rabbi Akiba said, “he may cut them as it is usual with an axe, or sickle, or saw, or with whatever he pleases.” “A tree that is split?” “Men may bind it round in the Sabbatical year, not that it may cohere, but that its fissure may not extend.”

7. “From what time may the fruits of trees in the Sabbatical year be eaten?” “Unripe fruits, when they are becoming transparent, may be eaten with a piece of bread in the field. When they are mellow, they may be gathered into the house; and so also with all like them.” During the remainder of the seven years their tithes must be paid.

8. The sour grapes in which there is juice may be eaten with a piece of bread in the field. Before they rot they may be gathered into the house, and so also with all like them. During the remainder of the seven years their tithes must be paid.

9. “Olives from which men have collected the fourth of a log[55] of oil to the seah?”[56] “They may be crushed and eaten in the field.” When men can collect from them half a log, they may be pounded and used for anointing in the field. When those have been collected which have attained a third of their size they may be pounded in the field, and gathered into the house, and so also with all like them. During the remainder of the seven years their tithes must be paid. But for the rest of all fruits of trees, as are their seasons for the laws of tithes, so are their seasons for the laws of the Sabbatical year.

10. “From what time may men not cut trees in the Sabbatical year?” The school of Shammai say, “every tree when it shoots forth.” The school of Hillel say, “the locust trees when they put forth their curling tendrils, and the vines when they form berries, and the olives when they flower. And the rest of the trees when they shoot forth.” But it is permitted to cut all trees, when they come to the season, for tithes. “How much fruit should be in the olive tree to prevent its being cut down?” “A quarter cab.” Rabban Gamaliel said, “the whole depends on the size.”

Chapter V

1. The Sabbatical year of white figs[57] is the second after the Sabbatical year, because they produce in three years. Rabbi Judah said, “The Sabbatical year of the Persian figs is the close of the Sabbatical year, because they produce in two years.” The Sages replied to him, “they only said white figs.”

2. “If one store eschalots in the Sabbatical year?” R. Maier said, “there must be not less than two seahs,[58] in height three handbreadths, and over them an handbreadth of dust.” But the Sages say, “not less than four cabs, in height an handbreadth, and an handbreadth of dust over them, and they must be stored in a place where men tread.”[59]

3. “Eschalots over which the Sabbatical year has passed?” Rabbi Eleazar said, “if the poor have gathered the leaves they are theirs; but if not, the owner must reckon with the poor.” R. Joshua said, “if the poor have gathered the leaves, they are theirs; but if not, the poor cannot reckon with the owner.”

4. “Eschalots of the eve of the Sabbatical year which have entered on the Sabbatical year, and summer onions, and also dye[60] plants of the best ground?” The school of Shammai say, “they are to be rooted out with wooden spades.” But the school of Hillel say, “with metal axes.” But they both agree with regard to dye plants on rocky ground, that they are to be rooted out with metal axes.

5. “From what time is it allowed to buy eschalots on the departure of the Sabbatical year?” R. Judah said, “off hand”; but the Sages say, “when the new ones become plenty.”

6. These are the implements which the farmer is not permitted to sell in the Sabbatical year—the plough with all its implements, the yoke, the shovel, and the goad. But he may sell the hand-sickle, and the harvest-sickle, and the wagon, with all its implements. This is the rule: “all implements, [pg 064] the use of which may be misapplied for transgression, are forbidden; but if they be (partly for things) forbidden and (partly for things) allowed, they are permitted.”

7. The potter may sell five oil-jugs, and fifteen wine-jugs, because it is usual to collect fruits from the free property. And if one bring more than these, it is allowed, and he may sell them to idolaters in the land, and to Israelites out of the land.

8. The school of Shammai say, “a man must not sell a ploughing heifer on the Sabbatical year”; but the school of Hillel allow it, “because the buyer may slaughter her.” He may sell fruits in the time of sowing, and may lend another man his measure, even if he know that the other man have a threshing-floor, and he may change money for him, even if he know that he have laborers. But if it be openly declared, all is forbidden.

9. A woman may lend to her companion on the Sabbatical year, even when she is suspicious, a flour-sieve or a grain-sieve, and a hand-mill and an oven; but she is neither to pick the wheat nor grind it with her. A woman of a special religious society may lend to the wife[61] of an ordinary man a flour-sieve, or a grain-sieve, and may pick wheat, or grind it, or sift it, with her. But when she (the wife of an ordinary man) pours in the water, she (a woman of a special religious society) must not touch the flour (to knead it) with her, lest she strengthen the hands of a transgressor. And all these things were not said save for the sake of peace. And we may strengthen the hands of idolaters in the Sabbatical year, but not the hands of Israel; and in salutation we may ask after their peace, for the sake of peace.

Chapter VI

1. Three countries (are included) in the laws of the Sabbatical year. In all the possessions of those who returned from Babylon—from the (border) of the land of Israel and to Cezib,[62] we may not eat cultivated fruit, and we may not cultivate the ground. And in all the possessions of those who [pg 065] came up from Egypt from Cezib, and to the river of Egypt, and to the Amana,[63] we may eat cultivated fruits, but we may not cultivate the ground. From the river of Egypt, and from the Amana to the interior, we may eat the fruits and cultivate the ground.

2. Men may labor in that which is separated from the ground in Syria, but not in that which is attached to the ground. They may thresh, and shovel, and tread out, and make sheaves, but they must not reap the grain nor glean the grapes, nor beat the olives. This is the rule; said Rabbi Akiba, “all things similar to that which is allowed in the land of Israel, men may do in Syria.”

3. “Onions upon which fell rain and they sprouted?” “If the leaves on them be dark, they are forbidden; if green, they are allowed.” Rabbi Chanina, the son of Antigonus, said, “if they can be pulled up by their leaves they are forbidden; and contrariwise if it happened so in the close of the Sabbatical year, they are allowed.”

4. “From what time may men buy greens at the close of the Sabbatical year?” “From the time that similar young ones are produced. If the earlier ones are prematurely ripened, than the later ones are allowed.” Rabbi[64] allowed greens to be bought off-hand at the close of the Sabbatical year.

5. Men must not export oil[65] which is only to be burned, nor fruits of the Sabbatical year, from the land to lands abroad. Said Rabbi Simon, “I expressly heard that they may be exported to Syria, but that they must not be exported to lands abroad.”

6. Men must not import a heave-offering from abroad into the land. Said Rabbi Simon, “I expressly heard that they may import it from Syria, but that they must not import it from lands abroad.”

Chapter VII

1. The Sages stated an important rule: “In the Sabbatical year, everything eaten by man and eaten by beast, and a kind of dye-stuff, and whatever cannot remain in the ground, to them the laws of the Sabbatical year apply, and to their value the laws of the Sabbatical year apply. They are to be cleared off from being private property, and their price is to be cleared off from being private property.”[66] “And which are these?” “The leaves of the deceitful scallion, and the leaves of mint, succory, and cresses, and the leek, and the milk-flower.”[67] “And what is eaten by beasts?” “Thorns and thistles and a kind of dye-stuff, sprouts of indigo and madder. To them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply. They are to be cleared off from being private property, and their price is to be cleared off from being private property.”

2. And again, the Sages stated another rule: “All which is not eaten by man nor eaten by beasts, and a kind of dye-stuff, and whatever remains in the ground, to them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply, but they are not to be cleared off from being private property, nor is their price to be cleared off from being private property.” “And which are these?” “The root of the deceitful scallion, and the root of the mint, and scorpion grass,[68] and the bulbs of the milk-flower, and the spikenard, and a kind of dye-stuff, the dye-plant, and the wormwood,—to them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply. They are not to be cleared off from being private property, nor is their price to be cleared off from being private property.” Rabbi Maier said, “their prices are to be cleared off from being private property till New Year's Day.” The Sages said to him, “if they are not to be cleared off from being private property, it is immaterial about their prices.”

3. “The peelings and flower of the pomegranate, the shells and kernels of nuts?” “To them the laws of the Sabbatical [pg 067] year apply, and to their prices the laws of the Sabbatical year apply.” The dyer may dye for himself, but he must not dye for pay, because men must not trade in fruits of the Sabbatical year, nor in the first-born, nor in heave-offerings, nor in carcasses, nor in that which is torn, nor in abominations, nor in creeping things. And one must not buy greens of the field and sell them in the market. But one may gather them, and his son may sell them on his account. He may, however, buy for himself, and he is allowed to sell what is superfluous.

“He bought a first-born animal for a feast for his son, or for a holiday, and has no need of it?” “He is allowed to sell it.”

4. “Hunters of wild animals—birds and fishes—who chanced to find sorts that are unclean?” “It is allowed to sell them.” R. Judah said, “if a man become possessed of them in his ordinary way, he may buy and sell them, excepting that such shall not be his practice.” But the Sages “disallow them.”

5. “The shoots of vines and of the locust-trees?” “To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply.” They are to be cleared off from being private property, and their prices are to be cleared off from being private property. “The shoots of the oak, and the nuts,[69] and the blackberries?” “To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply.” “They are not to be cleared off from being private property, and their prices are not to be cleared off from being private property. But their leaves must be cleared away to become public property, as they fall down from their stems.”[70]

6. “The rose and the carnation and the balsam and the chestnut?” “To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply.” R. Simon said, “there is no Sabbatical year for the balsam, because it has no fruit.”

7. “A new Sabbatical rose which one steeped in old oil?” “One may pick out the rose.” “But an old rose in new oil?” “One is bound to clear it off from being private property.” “New locust fruit which one steeped in old wine, and old [pg 068] (fruit) in new (wine)?” “Men are bound to clear them off from being private property.” This is the rule: everything which produces taste one is bound to clear off from being private property, sorts that are different and sorts that are the same, however little they be. The laws of the Sabbatical year disallow however little of its own sort, and in different sorts that which produces taste.[71]

Chapter VIII

1. The Sages stated an important rule for the Sabbatical year: “Of all that is only fit for man's food a plaster may not be made for man, and it is needless to say for beast. And of all that is not fit for man's food a plaster may be made for man, but not for beast.” And all that is not fit either for man's food or beast's food, if one consider it as food for man or food for beasts, the Sages impose on it the inconveniences of the laws relating to man and the inconveniences of the laws relating to beast. If one, however, consider it as wood, it is reckoned as wood; for example, the savory and the hyssop and the laurel.

2. Produce of the Sabbatical year is given for food, for drink, and for anointing, to eat the thing which it is usual to eat, and to anoint with what it is usual to anoint with. One may not anoint with wine or vinegar. But one may anoint with oil. And so is it likewise with the heave-offering and second tithe. The laws of the Sabbatical year are more convenient for them, because it is permitted to light a candle made from them.

3. Men must not sell the fruits of the Sabbatical year, neither by measure, nor by weight, nor by count. Neither may they sell figs by counting, nor greens by weight. The school of Shammai say, “nor in bunches.” But the school of Hillel say, “that which it is usual to make in bunches in the house men may make in bunches in the market; for example, cresses and the milk-flower.”

4. If one said to a laborer, “Here! take this aisar[72] and [pg 069] gather greens for me to-day?” “His hire is allowed.” “Gather me for it greens to-day?” “His hire is forbidden.” If one take from the baker a cake for a pundion[73] (saying), “when I will gather greens of the field I will bring them to you?” “It is allowed.” “If one take bread from the baker in silence?” “He must not pay him from money of the Sabbatical year, because men must not pay a debt with money of the Sabbatical year.”

5. Men must not give money of the Sabbatical year to a well-digger, nor to a bath-keeper, nor to a barber, nor to a skipper, but one may give it to a well-digger for drink, and to all persons one may give a gratuitous present.

6. Men may not dry figs of the Sabbatical year in the usual place, but one may dry them in a waste place. They must not tread grapes in a wine-press, but they may tread them in a kneading-trough. And they must not put olives into the oil-press with the stone over them, but they may pound them and put them into a small press. Rabbi Simon said, “one may also grind them in the house of the oil-press and put them into the small press.”

7. Men must not boil greens of the Sabbatical year in oil of the heave-offering, lest they take it for uses that are forbidden. R. Simon “allowed it.” And the very last thing (in a series of exchanges) partakes of the laws of the Sabbatical year; but the fruit itself (first exchanged) is forbidden.

8. Men must not buy servants, ground, or an unclean beast, with money of the Sabbatical year; but if they buy them, they must eat[74] as much as their value. They must not bring for an offering the two pigeons of one with an issue, or the two pigeons after childbirth bought with money of the Sabbatical year. And if they bring them, they must eat[75] as much as their value. They must not anoint vessels with oil of the Sabbatical year. But if they anoint them, they must eat[76] as much as their value.

9. “A skin which one anointed with oil of the Sabbatical year?” Rabbi Eleazar said, “it must be burned.” But the Sages say, “one must eat[77] as much as its value.” The Sages said before Rabbi Akiba it was a saying of Rabbi Eleazar, “a skin smeared with oil of the Sabbatical year must be burned.” [pg 070] He said to them, “Hush! I cannot tell you what Rabbi Eleazar said about it.”

10. And again, the Sages said in his presence, it was a saying of Rabbi Eleazar,[78] “he who eats the bread of Samaritans is as one who eats swine-flesh.” He said to them, “Hush! I cannot tell you what Rabbi Eleazar said about it.”

11. “A bath which was heated with stubble or straw of the Sabbatical year?” “It is allowed to wash in it.” “But if one confer honor (on the bath)?” “He should not wash in it.”

Chapter IX

1. The rue, and the sorrel with spreading leaves, and the wild savory, the coriander of the mountains, and the parsley of the marshes, and the rocket of the desert, are free from tithes; and they may be bought from all men in the Sabbatical year, because nothing like them is legally guarded. Rabbi Judah said, “the sprouts of the mustard are allowed, because transgressors are not suspected for taking them from a guarded place.” Rabbi Simon said, “all vegetables that sprout again are allowed, excepting the sprouts of cabbage, because there is not their like among the greens of the field.” But the Sages say, “whatever sprouts again is forbidden.”

2. There are three countries to be public property in the Sabbatical year: Judah and beyond Jordan and Galilee; and each is divided into three parts: Upper Galilee, Lower Galilee, and the Vale. From the village of Hananiah and upward, every part in which the sycamore tree does not grow is Upper Galilee. And from the village of Hananiah and lower down, where any sycamore tree grows, is Lower Galilee. And the neighborhood of Tiberias is the Vale. And in Judah, the mountains, the plain, and the vale, and the plain of Lydda is as the plain of the south. And its mountains are as the King's mountain.[79] From Bethhorn and to the sea is one province.

3. “And wherefore did the Sages say three countries?” “That men might eat during the Sabbatical year in every [pg 071] one of them, till the last fruits be finished in it.” R. Simon said, “they did not say three countries, they said only in Judah.” And all the other countries are reckoned as the King's mountain; and all countries are reckoned the same for olives and dates.

4. Men may eat so long as there is any fruit legally free, but they must not eat of that which is legally guarded. Rabbi José “allowed it, even when guarded.” They may eat fruit so long as it is found in birds' nests, and such fruit as is twice produced in each year, but they must not eat of winter fruit. R. Judah “allowed it at all times, if it ripened before the summer ended.”

5. “If men pressed three sorts of fruit in one barrel?” R. Eliezer said, “they may eat of the first.” R. Joshua said, “even of the last.” Rabban Gamaliel said, “everything, the species of which is finished growing in the field, its species is to be removed from the barrel.”[80] Rabbi Simon said, “all greens are reckoned as one. They are to be cleared away from the house.” They may eat of the leeks till the teasels have ceased growing in the valley of Beth-Netopha.

6. “He who gathers fresh herbs?” “He may use them till their sap dry out.” “And he who binds the dry in bundles?” “He may use them till the second rain descends.”[81] “The leaves of reeds and the leaves of vines?” “They may be used till they fall from their stems.” “And he who binds the dry in bundles?” “He may use them till the second rain descends.” Rabbi Akiba said, “they may be used by all persons till the second rain descends.”

7. “Like to this rule is his case who rented a house to his neighbor till the rains?” “This means till the second rain descends.” “He who by his vow cannot get assistance from his neighbor till the rains?” “This means till the second rain descends.” “When may the poor enter into the gardens?”[82] “When the second rain descends.” “When may they use and burn the stubble and straw of the Sabbatical year?” “When the second rain descends.”

8. “A man had fruit of the Sabbatical year, and the time [pg 072] came for clearing it out from his house?” “He may divide to everyone victuals for three meals; and the poor may eat the fruit after the clearing of it out, but not the rich.” The words of Rabbi Judah. Rabbi José said, “the poor and the rich are alike, they may eat it after it is cleared out.”

9. “A man had fruits of the Sabbatical year, whether they fell to him by inheritance, or were given to him by gift?” R. Eliezer said, “let them be given to those who may eat them.” But the Sages say, “the transgressor must not profit, but let them be sold to those who may eat them, and let their price be divided to every man.” “He who eats dough of the Sabbatical year before the heave-offering be separated from it?” “He is guilty of death.”

Chapter X

1. The Sabbatical year releases[83] a loan, whether it be with or without a bill. The credit of a shop is not released. But if one made it as a loan, it is released. Rabbi Judah said, “all the first credit is released, the wages of an hireling is not released.” “But if one made it as a loan?” “It is released.” Rabbi José said, “every work which ceases on the Sabbatical year is released; but that which does not cease on the Sabbatical year is not released from payment.”

2. The butcher who slaughtered a heifer (at the end of the Sabbatical year), and divided her head (for sale on the first of the two feast days of the new year), remains a debtor; but if he did so in an intercalary month,[84] he is released (Deut. xv. 1). But if it be not an intercalary month, he is not released. He who forced, or enticed, or uttered a slander, and every act of the tribunal, have no release. “He who lent on security, or delivered his bills to the tribunal?” “There is no release for him.”

3. The Defence[85] (for the poor) has no release. This is one of the things which the old Hillel ruled. When he saw that [pg 073] the people refrained from mutual loans, and transgressed what is written in the law, “Beware that there be not a thought in thy wicked heart,”[86] etc., Hillel ruled the Defence.

4. This is the substance of the Defence, “I hand over to you judges such and such men in such a place, that every debt which belongs to me I may collect, whenever I please.” And the judges or witnesses sealed it below.

5. The Defence written before the Sabbatical year is valid, but afterward it is disallowed. Bills written before the Sabbatical year are disallowed, but afterward they are valid. He who borrows from five persons must write a Defence for each of them. If five persons borrow from one, he writes but one Defence for all of them.

6. Men must not write a Defence save only on ground. “If he have none?” “The lender may present him with however little from his own field.” “If he had a field in pledge in a city?” “He may write on it the Defence.” Rabbi Huzpith said, “a man may write it on the property of his wife; and for orphans on the property of their guardians.”

7. “Beehives?” R. Eliezer said, “they are as ground, and men may write on them a Defence, and they contract no legal uncleanness in their proper place, but he who takes honey out of them on the Sabbath is liable (for a sin-offering). The Sages, however, say they are not as ground, and men must not write on them a Defence, and they do contract legal defilement in their place, and he who takes honey out of them on the Sabbath is free.”

8. “He who paid his debt on the Sabbatical year?” “The lender must say to him, ‘I release thee.’ ” “When he said it to him?” “Even so, he may receive it from him, as is said, and this is the manner of the release.”[87] It is like the slayer who was banished to the city of refuge, and the men of the city wished to honor him. He must say to them, “I am a murderer.” They say to him, “Even so.” He may receive the honor from them, as is said, “and this is the case of the slayer.”[88]

9. “He who pays a debt in the Sabbatical year?” “The spirit of the Sages reposes on him.”[89] “He who borrowed [pg 074] from a proselyte, when his children[90] became proselytes with him?” “He need not repay his children.” “But if he repay them?” “The spirit of the Sages reposes on him.” All movables become property by acquisition; but everyone who keeps his word,

THE SPIRIT

OF THE SAGES

REPOSES

ON

HIM.

Note.—At the Feast of Tabernacles in the Sabbatical year, the following portions of Scripture were appointed to be read: Deut. i. 1-6; vi. 4-8; xi. 13-22; xiv. 22; xv. 23; xvii. 14; xxvi. 12-19; xxvii.; xxviii. These portions were read by the king or high priest from a wooden platform erected in the Temple. The king or the high priest usually read them sitting. King Agrippa, however, read them standing, and when he came to the words “Thou mayst not set a stranger over thee, which is not thy brother” (Deut. xvii. 15), “tears dropped from his eyes.” The people then cried out to encourage him, “Thou art our brother—thou art our brother.” (Sotah, vii. 8).

On The Sabbath

Removals—Work to be Avoided—Discussion Between the Schools of Shammai and Hillel as to What Constitutes Work—Work Allowed—Lighting—Eve of the Sabbath—Cooking and Hot Water—Retention of Heat—Burdens—Ornaments—Principal and Secondary Work.

Chapter I

1. Removals[91] on the Sabbath are two. Of these removals four are inside a place. And there are two other removals, of which four are outside a place. “How?” “A beggar stands without, and the master of the house within. The beggar reached his hand within, and gave something into the hand of the master of the house, or took something from it and brought it out?” “The beggar is guilty,[92] and the master of the house is free.” “The master of the house reached his hand outside and gave something into the hand of the beggar, or took something from it and brought it in?” “The master of the house is guilty, but the beggar is free.” “The beggar reached his hand within, and the master of the house took something from it, or gave something into it, and the beggar brought it out?” “Both are free.” “The master of the house reached his hand without, and the beggar took something from it, or gave something into it, and the master brought it in?” “Both are free.”

2. A man must not sit before the barber near to evening prayer,[93] until he has prayed. He must not enter a bath, nor a tannery, nor eat, nor judge. “But if they began?” “They need not cease.” They may cease to read the “Hear,”[94] etc., but they must not cease to pray.

3. A tailor must not go out with his needle near dusk,[95] lest he forget and go (afterward). Nor a scribe go out with his [pg 076] pen. Nor may one search his garments. Nor shall one read at the light of the lamp. In truth they said, “the teacher may overlook when children are reading, but he himself shall not read.” Similar to him, one with an issue shall not eat with her who has an issue, because of the custom of transgression.

4. And these following are from the decisions which they mentioned of the upper chamber of Hananiah, the son of Hezekiah, the son of Gorion, when the Sages went up to visit him. The school of Shammai was counted, and was more numerous than the school of Hillel. And eighteen matters were determined on that day.

5. The school of Shammai said, “they must not soak ink, nor paints, nor vetches, unless they be sufficiently soaked while it is yet day.” But the school of Hillel allows it.

6. The school of Shammai said, “they must not put bundles of flax inside the oven, except it be sufficiently steamed while it is yet day, nor wool into the boiler except it imbibe sufficient dye in the eye of day.” But the school of Hillel allow it. The school of Shammai said, “they must not spread nets for beasts, nor birds, nor fishes, except they be netted while it is yet day.” But the school of Hillel allows it.

7. The school of Shammai said, “they must not sell to a stranger, and they must not lade his ass with him, and they must not load on him, except they have sufficient time to reach a near place before the Sabbath.” But the school of Hillel allows it.

8. The school of Shammai said, “they must not give skins to a tanner, nor articles to a strange laundress; except they can be sufficiently done while it is yet day.” But all of them the school of Hillel allow “with the sun.”

9. Said Rabbi Simon, the son of Gamaliel, “the house of my father used to give white articles to a strange laundress three days before the Sabbath.” But both schools agree that “they may carry[96] beams to the oil-press and logs to the wine-press.”

10. “They must not fry flesh, onions, and eggs; except they be sufficiently fried while it is yet day. They must not put bread in the oven at dusk, nor a cake on coals, except its face [pg 077] be sufficiently crusted while it is yet day.” Rabbi Eliezer said, “that its under side be sufficiently crusted.”

11. “They may hang up the passover[97] offering in an oven at dusk. And they may take a light from the wood pile in the house of burning.”[98] And in the suburbs “when the fire has sufficiently lighted the greater part.” Rabbi Judah says, “from the coals however little” (kindled before the Sabbath).

Chapter II

1. “With what may they light (lamps) on the Sabbath?” “And with what may they not light?” “They may not light with cedar moss, nor with unhackled flax, nor with floss silk, nor with a wick of willow, nor with a wick of nettles, nor with weeds from the surface of water, nor with pitch, nor with wax, nor with castor oil, nor with the defiled oil of heave-offering, nor with the tail, nor with the fat.” Nahum the Median said, “they may light with cooked fat.” But the Sages say, “whether cooked or uncooked, they must not light with it.”

2. They must not light with the defiled oil of the heave-offering on a holiday. Rabbi Ishmael said, “they must not light with pitch dregs for the honor of the Sabbath.” But the Sages allow all oils, “with sesame oil, with nut oil, with radish oil, with fish oil, with colocynth oil, with pitch dregs and naphtha.” Rabbi Tarphon said, “they must only light with olive oil.”

3. “They must not light with anything that grows from wood, except flax. And all that grows from wood does not contract the uncleanness of tents,[99] except flax.” “A wick of cloth folded but not singed?” Rabbi Eliezer says, “it contracts uncleanness, and they must not light it.” Rabbi Akiba says, “it is clean, and they may light it.”

4. A man must not perforate an eggshell, and fill it with oil, and put it on the mouth of the lamp, because it drops, even though it be of pottery. But Rabbi Judah “allows it.” “But if the potter joined it at first?” “It is allowed, since it is one [pg 078] vessel.” A man must not fill a bowl of oil, and put it by the side of the lamp, and put the end of the wick into it because it imbibes. But Rabbi Judah “allows it.”

5. “Whoever extinguishes the lamp because he fears the Gentiles, or robbers, or a bad spirit, or that the sick may sleep?” “He is free.” “He spares the lamp?” “He spares the oil?” “He spares the wick?” “He is guilty.” But Rabbi José frees in all cases except the wick, because “it makes coal.”

6. For three transgressions women die in the hour of childbirth: when they neglect times, and the dough offering,[100] and lighting the Sabbath lamp.

7. Three things are necessary for a man to say in his house on the eve of the Sabbath at dusk. “Have you taken tithes?” “Have you prepared erub?”[101] “Light the lamp.” “It is doubtful if it be dark or not?”[102] “They must not tithe that which is certainly untithed, and they must not baptize vessels, and they must not light the lamps. But they may take tithes of the doubtful heave-offering, and prepare erub, and cover up hot water.”

Chapter III

1. “A cooking oven which was heated with stubble or brushwood?” “They may place on it cookery.” “With oil-dregs and with wood?” “They must not place it, till the coals are raked out, or ashes put in.” The school of Shammai say, “hot water, but not cookery.” But the school of Hillel say, “hot water and cookery.” The school of Shammai say, “they may take it off, but not place it back.” But the school of Hillel say, “they may place it back.”

2. “A cooking stove, which was heated with stubble or brushwood?” “They must not place anything either inside or upon it.” “A bake oven, which was heated with stubble or brushwood?” “It is as a cooking oven.” “With oil-dregs or with wood?” “It is as a cooking stove.”

3. They must not put an egg beside a boiler, lest it be boiled. And they must not wrap it in towels. But Rabbi José allows [pg 079] it. And they must not hide it in sand, or in the dust of the roads, lest it be roasted.

4. It happened that the men of Tiberias arranged, and introduced a pipe of cold water into a canal of the hot springs. The Sages said to them, “if it be Sabbath, it is as if hot waters were heated on Sabbath, they are forbidden for washing and drinking. But if on a holiday, as if hot waters were heated on a holiday, they are forbidden for washing but allowed for drinking.” “A skillet with attached brazier?” “If one rake out the coals (on Friday evening), persons may drink its hot waters on Sabbath.” “A pan with double bottom?” “Even though the coals are raked out, they must not drink of it.”

5. “The boiler which is set aside (from the fire)?” “They must not put into it cold water to be warmed; but they may put into it—or into a cup—cold water to make it lukewarm.” “A saucepan or an earthen pot, which they took off boiling?” “They must not put into it spices, but they may put them into a bowl or into a plate.” Rabbi Judah says, “they may put them into all vessels, excepting a thing in which there is vinegar or fish-brine.”

6. They must not put vessels under a lamp to catch the oil. “But if they place them, while it is still day?” “It is allowed.” But they must not use it, because it is not purposely prepared (for Sabbath use). They may remove a new lamp, but not an old one. Rabbi Simon says, “all lamps may be removed, except the lamp lighted for the Sabbath.” They may put a vessel under the lamp to catch sparks, but they must not put water into it, as it quenches.

Chapter IV

1. “With what may they cover up (pots to retain the heat)?” “And with what may they not cover them up?” “They may not cover them up with oil-dregs, or dung, or salt, or lime, or sand either fresh or dry, or straw, or grape-skins, or woollen, or herbs when they are fresh, but they may cover up with them when they are dry. They may cover up with garments, and fruits, with doves' wings, with carpenters' sawdust, and with tow of fine flax.” Rabbi Judah forbids “fine,” but allows “coarse.”

2. They may cover up with hides, and remove them—with woollen fleeces, but they must not remove them. “How does one do?” “He takes off the cover, and they fall down.” Rabbi Eleazar, the son of Azariah, says “the vessel is inclined on its side, and he takes them away.” “Perhaps he took them away and cannot return them?”[103] But the Sages say “he may take them away, and return them.” “He does not cover it, while it is yet day?” “He must not cover it, when it begins to be dark.” “He covered it, and it opened?” “It is allowed to cover it again.” A man may fill the goblet, and put it under the pillow or under the bolster (to warm it).

Chapter V

1. “With what is a beast led forth, and with what is it not led forth?”[104] One may lead forth the camel with a head-stall, and the she-camel with a nose-ring, and the Lydda[105] asses with a bridle, and a horse with a halter, and all animals that wear a halter they may lead forth with a halter, and they are held with a halter, and, if unclean, they may sprinkle water upon them, and baptize them in their places.

2. The ass one may lead forth with a pack-saddle when it is bound on it. Rams go forth tied up. Ewes go forth with tails bound back, doubled down, or put in a bag. The goats go forth bound tightly. Rabbi José “forbids all, excepting ewes, to have their tails in a bag.” Rabbi Judah says “the goats go forth bound tightly to dry up their udders, but not to guard the milk.”

3. “And with what must they not go forth?” “A camel must not go forth with a rag bound as a mark to its tail, nor fettered, nor with fore-foot tied doubled up, and so with the rest of all beasts; a man must not bind camels one to another, and lead them, but he may take their ropes into his hand, and hold them, guarding that they be not twisted.”[106]

4. One must not bring forth an ass with a pack-saddle, when it is not tied upon him before the Sabbath; nor with a bell, even though it be muffled, nor with a ladder[107] on its throat, nor [pg 081] with a strap on its leg; nor may cocks and hens be led forth with twine or straps on their legs. Nor may rams be led forth with a gocart under their tails, nor ewes with John wood.[108] And the calf must not be led forth with a muzzle, nor a cow with the skin of the hedgehog,[109] nor with a strap between her horns. The cow[110] of Rabbi Eleazar, the son of Azariah, used to go out with a strap between her horns, but not with the will of the Sages.

Chapter VI

1. “With what may a woman go out?” And “with what may she not go out?” “A woman may not go out with laces of wool, nor with laces of flax, nor with straps on her head, and she cannot baptize herself in them till she unloose them; nor with frontlets, nor temple fillets, unless sewn to her cap, nor with a headband, into the public street, nor with a golden crown in the form of Jerusalem, nor with a necklace, nor with nose-rings, nor with a ring without a seal, nor with a needle without an eye; but, if she go out, she is not guilty of a sin-offering.”

2. A man must not go out with hobnailed sandals,[111] nor with one sandal when there is no sore on his other foot, nor with phylacteries, nor with an amulet unless it be of an expert, nor with a coat of mail, nor with a helmet, nor with greaves; but, if he go out, he is not guilty of a sin-offering.

3. “A woman must not go out with an eyed needle, nor with a signet ring, nor with a spiral head-dress, nor with a scent-box, nor with a bottle of musk; and if she go out she is guilty of a sin-offering.” The words of Rabbi Meier. But the Sages “absolve the scent-box and the bottle of musk.”

4. The man must not go out with sword, nor bow, nor shield, nor sling, nor lance; and if he go out he is guilty of a sin-offering. Rabbi Eleazar said, “they are his ornaments.” But the Sages say, “they are only for shame, as is said, ‘And they shall beat their swords into ploughshares, and their spears [pg 082] into pruning hooks: nation shall not lift up sword against nation, neither shall they learn war any more.’ ”[112] Garters are clean, and they may go forth in them on Sabbath. Anklets[113] contract uncleanness, and they must not go out in them on Sabbath.

5. A woman may go out with plaits of hair whether they be her own, or her companion's, or a beast's hair, with frontlets and temple fillets, when they are sewn to her cap, with a headband or a stranger's curl into the courtyard, with wool in her ear, and wool in her shoe, and wool prepared for her separation, with pepper, or with a grain of salt,[114] or with anything which she will put inside her mouth, except that she shall not put it in for the first time on the Sabbath, and if it fall out she must not put it back. “A false tooth or a tooth of gold?” Rabbi “allows it.” But the Sages “forbid it.”

6. A woman may go out with a coin on a sore foot. Little girls may go out with plaits and even splinters in their ears. Arab women go out veiled, and Median women with mantillas; and so may any one, but, as the Sages have said, “according to their custom.”

7. A mantilla may be folded over a stone, or a nut, or money, save only that it be not expressly folded for the Sabbath.

8. “The cripple may go out on his wooden leg.” The words of Rabbi Meier. But Rabbi José forbids it. “But if it have a place for receiving rags?” “It is unclean.” His crutches cause uncleanness by treading. But they may go out with them on the Sabbath, and they may enter with them into the Temple court. The chair and crutches (of a paralytic) cause uncleanness by treading, and they must not go out with them on the Sabbath, and they must not enter with them into the Temple court. Stilts[115] are clean, but they must not go out with them.

9. The sons may go out with their (father's) girdles. And sons of kings with little bells; and so may anyone, but, as the Sages have said, “according to their custom.”

10. “They may go out with an egg of a locust,[116] and a tooth of a fox,[117] and a nail of one crucified, as medicine.”[118] The words [pg 083] of Rabbi Meier. But the Sages say (others read the words of Rabbi José and Rabbi Meier) “it is forbidden even on a week day, because of the ways of the Amorites.”[119]

Chapter VII

1. The Sages laid down a great rule for the Sabbath: “Everyone who forgets the principle of Sabbath, and did many works on many Sabbaths, is only responsible for one sin-offering. Everyone who knows the principle of Sabbath, and did many works on many Sabbaths, is responsible for every Sabbath. Everyone who knows that there is Sabbath, and did many works on many Sabbaths, is responsible for every principal work.[120] Everyone who has done many works, springing from one principal work, is only responsible for one sin-offering.”

2. The principal works are forty, less one—sowing, ploughing, reaping, binding sheaves, threshing, winnowing, sifting, grinding, riddling, kneading, baking, shearing wool, whitening, carding, dyeing, spinning, warping, making two spools, weaving two threads, taking out two threads, twisting, loosing, sewing two stitches, tearing thread for two sewings, hunting the gazelle, slaughtering, skinning, salting, curing its skin, tanning, cutting up, writing two letters, erasing to write two letters, building, demolishing, quenching, kindling, hammering, carrying from private to public property. Lo, these are principal works—forty, less one.

3. And another rule the Sages laid down: “All that is worthy of reservation, and they reserve its like—if they carry it out on the Sabbath, they are responsible for a sin-offering; and everything which is not worthy of reservation, and they do not reserve its like—if they carry it out on the Sabbath, none is responsible but the reserver.”

4. Whoever brings out straw—a heifer's mouthful; hay—a camel's mouthful; chaff—a lamb's mouthful; herbs—a kid's mouthful; garlic leaves and onion leaves—if fresh, the size of [pg 084] a dried fig—if dry, a kid's mouthful; but they must not add one with the other, for they are not equal in their measures. Whoever carries out food the size of a dried fig, is guilty of death. And victuals, they may add one to another as they are equal in their measures, excepting their peels and their kernels, and their stalks and the fine and coarse bran. Rabbi Judah says, “excepting the peels of lentils, as they may cook them with them.”

Chapter VIII

1. One may bring out wine sufficient for the cup,[121] milk sufficient for a gulp, honey sufficient for a bruise, oil sufficient to anoint a small member, water sufficient to moisten the eye-salve, and the rest of all beverages a quarter of a log, and whatever can be poured out[122] a quarter of a log. Rabbi Simeon says, “all of them by the quarter log.” And they did not mention these measures save for those who reserve them.

2. “Whoever brings out cord sufficient to make an ear for a tub, bulrush sufficient to hang the sieve and the riddle?” Rabbi Judah said, “sufficient to take from it the measure of a child's shoe; paper sufficient to write on it the signature of the taxgatherers; erased paper sufficient to wrap round a small bottle of balm—is guilty” (of death).

3. Leather sufficient for an amulet; parchment polished on both sides, sufficient to write a sign for a door-post; vellum sufficient to write on it a small portion, which is in phylacteries, that is, “Hear, O Israel;” ink sufficient to write two letters; kohl[123] sufficient to paint one eye.

4. Bird-lime sufficient to put on the top of a perch; pitch or sulphur to fill a hole; wax sufficient to fill the mouth of a small hole; brick-clay sufficient to make a mouth of a crucible bellows for goldsmiths—Rabbi Judah says, “sufficient to make a crucible stand;” bran sufficient to put on the mouth of a crucible blow-pipe for goldsmiths; ointment sufficient to anoint the little finger of girls—Rabbi Judah says, “sufficient to make the hair grow;” Rabbi Nehemiah says, “to freshen the temple.”

5. Red earth “as the seal of merchants”—the words of R. Akiba; but the Sages say, “as the seal of letters;” dung and fine sand, “sufficient to manure a cabbage stalk,”—the words of Rabbi Akiba; but the Sages say, “sufficient to manure a leek;” coarse sand sufficient to put on a full lime-hod; a reed sufficient to make a pen. “But if it be thick or split?” “sufficient to boil with it a hen's egg easy (to be cooked) among eggs, mixed with oil and put in a pan.”

6. A bone sufficient to make a spoon,—Rabbi Judah said, “sufficient to make the ward of a key;” glass sufficient to scrape the top of a shuttle; a lump of earth or a stone sufficient to fling at a bird; Rabbi Eliezer said, “sufficient to fling at a beast.”

7. “A potsherd?” “Sufficient to put between two beans,”—the words of Rabbi Judah; Rabbi Meier says, “sufficient to take away fire with it;” Rabbi José says, “sufficient to receive in it the fourth of a log.” Said Rabbi Meier, “Although there is no visible proof of the matter, there is an indication of the matter, as is said, ‘there shall not be found in the bursting of it a sherd to take fire from the hearth.’ ”[124] Rabbi José said to him, “thence is the visible proof, ‘or to take water out of the pit.’ ”[125]

On The Passover

Searching for Leaven—How Leaven Is to be Put Away—Restrictions with Regard to It—What Things Make Leaven—Leavening—Work on the Eve of the Passover—Trades Allowed—Men of Jericho—Hezekiah—The Daily Offering—Intention—Slaughter of Passover Offering—Mode of Proceeding—The Passover on a Sabbath—Discussion Between R. Akiba and R. Eleazar—Roasting the Passover—Various Contingencies—Hindrances—Rules and Directions—How the Passover Is to be Eaten—Praise and Thanksgiving.

Chapter I

1. On the eve of the fourteenth day of Nisan[126] men search for leaven by candlelight. Every place where men do not bring in leaven, there is no need of search. “And wherefore do they say, two lines of barrels in the wine cellar?” “The place is meant into which persons bring leaven.” The school of Shammai say, “two rows in front of the whole cellar.” But the school of Hillel say, “the two outer lines on the top.”

2. People need not suspect, lest perchance the weasel have slipped (with leaven) from house to house or from place to place. If so, from court to court, from city to city, there is no end to the matter.

3. Rabbi Judah said, “men search on the eve of the fourteenth and on the morning of the fourteenth day, and at the time of burning it.” But the Sages say, “if one did not search on the eve of the fourteenth, he must search on the fourteenth; if he did not search on the fourteenth, he must search during the feast; if he did not search during the feast, he must search after the feast; and whatever remains, he shall leave well concealed, that there be no further need of search after it.”

4. Rabbi Meier said, “men may eat it till five o'clock,[127] and [pg 087] burn it at the beginning of six.” Rabbi Judah said, “they may eat it till four, and they are in suspense about five, but they burn it at the beginning of six.”

5. And again said R. Judah, “two loaves of the disallowed praise-offering were placed on the portico of the Temple inclosure; whilst they were placed there, all the people might eat leaven. If one were taken down they were in suspense; they neither ate nor burned it. When both were taken down they began to burn it.” Rabban Gamaliel said, “men may eat ordinary food till four o'clock, and the heave-offering till five o'clock, but they burned the leaven at six o'clock.”

6. Rabbi Chanina, the deputy of the priesthood, said, “from the (first) days of the priesthood the priests did not object to burn the flesh rendered legally unclean[128] with the second degree of uncleanness, with the flesh rendered legally unclean with the first degree of uncleanness. Even though they should add legal uncleanness to legal uncleanness.” Rabbi Akiba went further and said, “from the (first) days of the priesthood the priests did not object to light the oil which was disallowed on the day of a man's baptism (who had been legally unclean), with a candle which was unclean with the uncleanness of the dead, even though they should add legal uncleanness to legal uncleanness.”

7. Said R. Meier, “from their words we learn that men may burn the clean heave-offering of leaven, with that which is unclean, on account of the passover.” To him replied Rabbi José, “this is not the conclusion.” But Rabbi Eliezer and Rabbi Joshua confess “that men should burn each by itself.” And the contention is with regard to what is doubtful, and what is unclean. Because Rabbi Eliezer said, “thou shalt burn each by itself.” But R. Joshua said, “both at once.”

Chapter II

1. The whole time that it is allowed to eat leaven, men may feed beasts with it, and wild animals and fowls, and they may sell it to a stranger. And they are allowed to enjoy it in every way. When that season has passed over its enjoyment is disallowed, and they must not heat with it an oven or a stove. [pg 088] Rabbi Judah said, “there is no riddance of leaven but by burning.” But the Sages say, “also by powdering and scattering it to the wind, or casting it into the sea.”

2. “The leaven of a stranger, over which the passover has passed?” “Its enjoyment is allowed.” “But of an Israelite?” “Its enjoyment is disallowed,” as is said,[129] “And there shall no leavened bread be seen with thee.”

3. “The stranger who has lent money to an Israelite on his leaven?” “After passover its enjoyment is allowed.” “And an Israelite who lent money to the stranger on his leaven?” “Its enjoyment after passover is disallowed.” “Leaven over which a building fell?” “It is as though it was cleared away.” Rabban Simon, son of Gamaliel, said, “all after which the dog cannot snuff.”

4. “He who has eaten a leavened heave-offering during the passover in error?” “He must pay its value and a fifth more.” “In presumption?” “He is free from the payment, and from its value even for fuel.”[130]

5. These are the things by which one can discharge his obligation to eat unleavened bread during the passover; with cakes made of wheat, and barley, and rye, and oats, and spelt; and they discharge their obligation in that of which the tithing was doubtful, and in the first tithe after the heave-offering was separated from it, and in second tithes and holy things after their redemption. And the priests discharge their obligation with cakes of dough-offering and heave-offering, but not with that which owes first tithes, or before the heave-offering was separated from it, nor with that which owes second tithes or holy things before their redemption. “The loaves of the praise-offering and the cakes of the Nazarite?” “If made for themselves, they do not discharge the obligation: if made for sale in the market, they discharge the obligation.”

6. And these are the herbs with which one discharges his obligation to eat bitter herbs in the passover: lettuce, endives, horse-radish, liquorice, and coriander. The obligation can be discharged whether they be moist or dry, but not if they be pickled, or much boiled, or even a little boiled. And they may be united to form the size of an olive. And the obligation may be discharged with their roots; and also if their tithes be in [pg 089] doubt; and with their first tithing, when the heave-offering has been taken from them; and with their second tithe, and with holy things which are redeemed.

7. Persons must not moisten bran during the passover for chickens, but they may scald it. A woman must not moisten bran in her hand when she goes to the bath. But she may rub it dry on her flesh. A man should not chew wheat and leave it on a wound during Passover, because it becomes leavened.

8. People must not put flour into the charoseth[131] or into the mustard. “But if one puts it?” “He must eat it off-hand.” But Rabbi Meier forbids it. They must not boil the passover offering in liquids nor in fruit juice. But one may smear it (after it is roasted), or dip it into them. Water used by the baker must be poured away because it becomes leavened.

Chapter III

1. These cause transgression during passover: the Babylonian cuthack,[132] and the Median beer, and the Edomite vinegar, and the Egyptian zithum,[133] and the purifying dough of the dyer,[134] and the clarifying grain of the cooks, and the paste of the bookbinders. Rabbi Eleazar said, “even the cosmetics of women.” This is the rule. All kinds of grain whatever may cause transgression during the passover. These are negative commands, and they are not visited by cutting off.

2. “Dough in a split of a kneading trough?” “If there be the size of an olive in a single place one is bound to clear it out.” Less than this is worthless from its minuteness. And so is it with the question of uncleanness. Particularity causes division. “But if one wish it to remain?” “It is reckoned as the trough.” “Dough dried up?”[135] “If it be like that which can become leavened it is forbidden.”

3. “How do persons separate the dough-offering when it becomes unclean on a holiday?” Rabbi Eleazar said, “you cannot call it a dough-offering till it be baked.” Rabbi Judah, [pg 090] the son of Bethira, said, “you must put it in cold water.” Said R. Joshua, “it is not leaven so as to transgress the negative command ‘It shall not be seen nor found,’[136] but it must be separated and left till the evening. But if it become leavened it is leavened.”

4. Rabban Gamaliel said, “three women may knead at once, and bake in one oven, each after the other.” But the Sages say, “three women may be busied with the dough, one kneads, and one prepares, and one bakes.” Rabbi Akiba said, “all women, and all wood, and all ovens, are not alike.” This is the rule. “If it ferment it must be smoothed down with cold water.”

5. Dough which begins to leaven must be burned, but he who eats it is free. When it begins to crack it must be burned, and he who eats it must be cut off. “What is leavening?” “Like the horns of locusts.” “Cracking?” “When the cracks intermingle.” The words of R. Judah. But the Sages say, “if either of them be eaten, the eater must be cut off.” “And what is leavening?” “All which changed its appearance, as when a man's hairs stand on end through fright.”

6. “If the fourteenth day of Nisan happened on the Sabbath?” “They must clear off all the leaven before the Sabbath begins.” The words of R. Meier. But the Sages say, “in the proper season.” Rabbi Eleazar, the son of Zaduk, said, “the heave-offering before the Sabbath, and ordinary things in the proper season.”

7. “If one went to kill his passover, or circumcise his son, or to eat the marriage-feast in the house of his father-in-law, and he remembered that there was leaven in his house?” “If he can he must return and clear it out, and return to his duties. He must return and clear it away. But if not, he can esteem it as nothing in his heart.” “(If one went) to save a person from the militia, or from a river, or from robbers, or from burning, or from the fall of buildings?” “He may esteem it as nothing in his heart.” “But if he is reposing at his ease?” “He must return off-hand.”

8. And so also when one went forth from Jerusalem and remembered that he had holy flesh in his hand. If he passed Zophim[137] he must burn it on the spot. But if not he must return and burn it in front of the temple with the wood of the [pg 091] altar. “And for how much flesh or leaven must men return?” Rabbi Meier said, “both of them the size of an egg.” Rabbi Judah said, “both the size of an olive.” But the Sages say, “Holy flesh the size of an olive, and leaven the size of an egg.”

Chapter IV

1. “A place in which men are accustomed to do work on the eve of the passover?” “For half a day they may work.” “A place in which they are not accustomed to work?” “They must not work.” “If one goes from a place where they work to a place where they do not work; or from a place where they do not work to a place where they do work?” “The Sages put on him the burden[138] of the place from which he went, or the burden of the place to which he came; but a man should not change the customs of a place, as it causes quarrels.”

2. Like to him is he who carried fruits of the Sabbatical year from a place where they were finished growing to a place where they were not finished growing; or from a place where they were not finished to a place where they were finished. He is bound to remove them. Rabbi Judah said, “they can say to him, go and bring them for yourself from the field.”[139]

3. “A place in which men are accustomed to sell small cattle to Gentiles?” “They may sell them.” “A place in which they are not accustomed to sell them?” “They may not sell them.” But in no place may they sell working cattle—calves, ass-foals, either unblemished or broken down.[140] Rabbi Judah “allowed the broken down.” The son of Bethira “allowed a horse.”

4. “A place where men are accustomed to eat roast meat on the night of the passover?” “They may eat it.” “A place in which they are not accustomed to eat it?” “They may not eat it.” “A place in which they are accustomed to light a candle on the night of the Day of Atonement?” “They may light it.” “A place in which they are not accustomed to light it?” “They may not light it.” But men may light candles in the synagogues, and in the schools, and in the dark streets, and for the sick.

5. “A place in which men are accustomed to do work on the ninth of Ab;”[141] “They may work.” “A place in which they are not accustomed to work?” “They may not work.” But everywhere the disciples of the Sages are idle. Rabban Simon, the son of Gamaliel, said, “a man may always make himself a disciple of the Sages.” But the Sages say, “in Judah they did work on the eves of the passovers for half a day, and in Galilee they did nothing.” And work in the night before the passover the school of Shammai disallowed; but the school of Hillel “allowed it till sunrise.”

6. Rabbi Meier said, “every work which was begun before the fourteenth day of Nisan may be finished on the fourteenth; but it must not be commenced on the fourteenth, even though it can be finished.” And the Sages say, “three trades can carry on business on the eves of the passovers for half a day; and these are they—the tailors, and the barbers, and the washers.” Rabbi José, the son of Judah, said, “also shoemakers.”

7. Persons may set hens on their nests on the fourteenth. “But if the hen ran off?” “They may return her to her place.” “And if she died?” “They may set another instead of her.” They may clear away from beneath the feet of beasts on the fourteenth. But on the holiday (or middle-days) they put it aside. They may carry to and bring vessels from the house of the trader, even though they be not necessary for the holiday.

8. The men of Jericho did six things, in three they were prohibited, and in three they were allowed. And these are they in which they were allowed: they engrafted dates the whole fourteenth day of Nisan, and they shortened the “Hear,”[142] and they reaped and stacked new corn before “the sheaf”[143] was offered; and they were allowed. And in these they were prohibited: they used the produce of what was consecrated, and they ate on the Sabbath the fruit that had fallen down from the trees, and they gave[144] (to the poor) the corners of the fields of vegetables. And the Sages prohibited them from these things.[145]

9. Bereitha—External Tradition.—Hezekiah the king did six things; to three the Sages consented, and to three they did not consent. He carried the bones of his father (Ahaz) on a rope bed,[146] and they consented. He powdered the brazen serpent,[147] and they consented. He concealed the book of medicines,[148] and they consented. And to three they did not consent: he cut off (the gold from) the doors of the temple[149] and sent it to the Assyrian king, and they did not consent. He stopped the waters of the upper Gihon,[150] and they did not consent. He introduced an intercalary Nisan, and they did not consent.

Chapter V

1. The daily offering was slaughtered at half-past eight,[151] and offered at half-past nine. On the eve of the passover it was slaughtered at half-past seven and offered at half-past eight, whether the passover fell on a week-day or on the Sabbath. When the eve of the passover began on the eve of the Sabbath (Friday), it was slaughtered at half-past six, and offered at half-past seven, and the passover followed after it.

2. “The passover offering, which was slaughtered without intention—and the priest took its blood, and he went and sprinkled it without intention?” or “with intention, and without intention?” or “without intention and with intention?” “It is disallowed.” “How can it be with intention and without intention?” “With intention partly for the passover, and with intention partly for peace-offerings.” “Without intention and with intention?” “With intention partly for peace-offerings, and with intention partly for the passover-offering.”

3. “If he slaughtered the passover for those who may not legally eat it—for those who are not reckoned in one company—for the uncircumcised, and for the unclean?” “It is disallowed.” “For those who may eat, and for those who may not eat it?” “For those who are reckoned in one company, and for those who are not so reckoned?” “For circumcised, and for uncircumcised?” “For unclean, and for clean?” “It [pg 094] is allowed.” “If he slaughtered it before noon?” “It is disallowed.” Because it is said “between the evenings.”[152] “If he slaughtered it before the daily offering?” “It is allowed.” Except that one must keep stirring[153] its blood, till the blood of the daily offering be sprinkled. “But if it be even sprinkled (before?)” “It is lawful.”

4. “He who slaughtered the passover-offering possessing leaven?” “He transgressed a negative command.”[154] Rabbi Judah said, “this applies even to the daily offering (of that evening).” Rabbi Simon said, “the slaughter of the passover on the fourteenth with intention for the passover makes (a man possessing leaven) guilty; but if it be slaughtered without intention for the passover he is free.” “And in all other sacrifices during the feast, whether one sacrifice with or without the proper intention?” “He is free.” “When one thus offers in the feast itself with proper intention?” “He is free.” “Without proper intention?” “He is guilty.” “And in all the other sacrifices, when one possessing leaven offers either with or without intention?” “He is guilty, only excepting the sin-offering, which was slaughtered without intention.”

5. The passover was slaughtered[155] for three bands in succession, as is said, “The whole assembly of the congregation of Israel”[156]—assembly, congregation, Israel. The first band entered, the court was filled, the doors of the court were locked. The trumpeters blew with the trumpets, blew an alarm, and blew. The priests stood in rows, and in their hands were bowls of silver and bowls of gold. All the silver row was entirely silver, and all the golden row was entirely gold. They were not mingled. And the bowls were not flat-bottomed, lest they should lay them down, and the blood be coagulated.

6. When an Israelite slaughtered, and a priest caught the blood, he gave it to his companion, and his companion to his companion, and he took the full, and returned the empty bowl. The priest nearest the altar poured it out at once in front of the foundation of the altar.

7. The first band went out, the second band entered; the second went out, the third entered. As was the proceeding of the first, so was the proceeding of the second and the third. They read the praise.[157] When they finished they repeated it, and after repeating it they read it a third time, even though they did not complete it thrice in their time. R. Judah said, “during the time of the third band they did not reach to ‘I love the Lord, for He hath heard,’ because the people were few.”

8. As was the proceeding in ordinary days, so was the proceeding on the Sabbath, save that the priests washed out the court,[158] though not with the will of the Sages. R. Judah said, “a cup was filled with mixed-up blood,[159] and poured out at once upon the altar;” but the Sages “did not admit it.”

9. “How did they hang up and skin the passover sacrifices?” “Iron hooks were fixed in the walls and pillars, and on them they hung them, and skinned them.” “And every one who had not a place to hang them up and skin them?” “Thin smooth rods were there, and he rested one on his shoulder and on the shoulder of his companion, and hung it up and skinned it.” Rabbi Eliezer said, “when the fourteenth began on a Sabbath, he rested his hand on the shoulder of his companion, and the hand of his companion on his shoulder, and he hung it up and skinned it.”

10. He cut it open, and took out its entrails. He put them on a dish and incensed them on the altar. The first party went out, and sat down on the Mountain of the House. The second party were in the Chel,[160] and the third party remained in their place. When it grew dark they went out and roasted their passovers.

Chapter VI

1. These things in the passover abrogate the command against work on the Sabbath: its slaughtering, and the sprinkling of its blood, and purging its inwards, and incensing its fat. But its roasting and the rinsing of its inwards do not abrogate the Sabbath. But to carry it, and to bring it beyond a Sabbath [pg 096] day's journey, and to cut off its wen, do not abrogate the Sabbath. Rabbi Eleazar said, “they abrogate it.”

2. Said Rabbi Eleazar, “and is not this the teaching? when slaughtering is work it abrogates the Sabbath. Things which are for ‘resting’ do not abrogate the Sabbath.”[161] To him said Rabbi Joshua, “a holiday will give the proof; the Sages permitted that which is work, and they forbade that which is resting.” Rabbi Eleazar said to him, “what do you mean, Joshua? what comparison is there between a command and that which is voluntary?” Rabbi Akiba answered and said, “sprinkling[162] will give the proof, because it is a positive command, and it is for ‘resting,’ and does not abrogate the Sabbath; but you should not wonder at this, even though it be a command, as it is for ‘resting,’ and does not abrogate the Sabbath.” Rabbi Eleazar said to him, “and on that I form my judgment, when slaughtering is work it abrogates the Sabbath; sprinkling, which is for ‘resting,’ does it not teach that it abrogates the Sabbath?” Rabbi Akiba said to him, “on the contrary, if sprinkling, which is for ‘resting,’ does not abrogate the Sabbath, slaughtering, which is for work, is it not the teaching? should not abrogate the Sabbath.” Rabbi Eleazar said to him, “Akiba, thou hast annulled what is written in the Law, ‘between the evenings,’ ‘in its appointed time,’ whether it be a week-day or a Sabbath.” He said to him, “My teacher, give me proof of an appointed time for these things, like the appointed time for slaughtering the passover-offering?” The rule is, said R. Akiba, “all work for the passover which it is possible to do on the eve of the Sabbath does not abrogate the Sabbath; slaughtering, which it is impossible to do on the eve of the passover which falls on a Sabbath, abrogates the Sabbath.”

3. “When do men bring with the passover a feast-offering?” “When the passover falls on a week-day, when those who offer it are legally clean, and when the lamb is too small for the eaters. But when the passover falls on a Sabbath, when the lamb is too much for the eaters, and there is legal uncleanness, they should not bring with it a feast-offering.”

4. The feast-offering[163] came from flocks, from herds, from [pg 097] sheep and goats, from rams and ewes, and it may be eaten during a period of two days and one night.

5. “The passover which was slaughtered without the proper intention on a Sabbath?” “The offerer of it is indebted for a sin-offering.” “And all the other sacrifices which he slaughtered for the passover?” “If they be not suitable for it he is guilty.” “And if they be suitable?” Rabbi Eleazar declares him “indebted for a sin-offering.” But R. Joshua “frees him.” Said Rabbi Eleazar, “what! if the passover which was allowed for proper intention when the offerer changed its intention, makes him guilty; is it not the teaching that sacrifices, which are disallowed for want of proper intention when the offerer changed their intention, make him also guilty?” Rabbi Joshua said to him, “no; if thou saidst in the passover when he changed its intention it is changed to a thing disallowed, thou wilt say in the other sacrifices when he changed their intention they are changed to a thing allowed.” Rabbi Eleazar said to him, “the congregational offerings will give the proof, because they are rendered lawful on the Sabbath by intention, but whoever slaughtered (another) sacrifice with their intention is guilty.” Rabbi Joshua said to him, “no; if thou sayest so in the congregational offerings, which are a determined number, thou wilt also say so in the passover sacrifice which has no determined number.” Rabbi Meier said, “even he who slaughtered other offerings on the Sabbath, with the intention of the congregational offerings, is free.”

6. “When one slaughtered the passover, but not for its eaters, or not for those numbered to eat it, for uncircumcised and for unclean persons?” “He is guilty.” “For its eaters and not for its eaters? For its reckoning and not for its reckoning? For circumcised and uncircumcised? For clean and unclean?” “He is free.” “He slaughtered it, and it was found blemished?” “He is guilty.” “He slaughtered it and it was found torn in secret?” “He is free.” “He slaughtered it, and it became known that its owners retired from it, or died, or became legally unclean?” “He is free, because he slaughtered it with lawful permission.”

Chapter VII

1. “How do men roast the passover?” “They bring a stick of pomegranate and thrust it through its mouth to its tail. And they put its legs and intestines inside it.” The words of R. José, the Galilean. Rabbi Akiba said, “that is a kind of boiling, therefore they hang them outside of it.”

2. Men must not roast the passover on a spit or a gridiron. Said R. Zaduk, “it happened to Rabban Gamaliel that he said to Zabi, his servant, ‘go and roast for us the passover on the gridiron.’ ” “If it touch the side of the oven?” “That part must be peeled off.” “If its gravy drop on the side of the oven, and again return on it?” “That part must be taken out.” “If the gravy drop on the fine flour?” “That part must be pulled out” (and burned).

3. “If men anointed (basted) it with oil of the heave-offering?” “If it be a company of priests, they may eat it.” “If it be a company of Israelites?” “If it be raw they can wash it away.” “But if roast?” “They must peel off the surface.” “If it was anointed with oil of the second tithe?” “Its value in money must not be charged to the members of the company, because they cannot redeem[164] the second tithes in Jerusalem.”

4. Five things may be brought during legal uncleanness, but they must not be eaten in legal uncleanness: the sheaf,[165] the two wave loaves,[166] and the shewbread,[167] sacrifices of peace-offerings of the congregation,[168] and the kids[169] on the feast of the New Moon. The passover which was brought during legal uncleanness, may be eaten in uncleanness, because in the beginning the command came only for eating.

5. “If the flesh be legally unclean and the fat unpolluted?” “The priest must not sprinkle its blood on the altar.” “If the fat be unclean and the flesh unpolluted?” “The priest may sprinkle its blood.” But with other holy offerings it is not so, for though their flesh be unclean, and their fat remains unpolluted, the priest may sprinkle their blood on the altar.

6. “If the congregation be legally unclean, or its majority, or the priests be legally unclean, and the congregation legally [pg 099] clean?” “The passover may be kept in legal uncleanness.” “If the minority of the congregation be legally unclean?” “The clean majority can keep the first, and the unclean minority the second passover” (on the fourteenth day of the following month).

7. When the blood of the passover-offering was poured on the altar, and it was afterward known that it was unclean, the (golden)[170] plate of the High Priest makes it accepted. When the body of the paschal sacrifice was unclean, “the plate” cannot make it accepted, as they say the Nazarite and the celebrant of the passover have the uncleanness of the blood accepted with “the plate.” But “the plate” does not make the legal uncleanness of the body of the paschal lamb accepted. If it be legally unclean with an unknown uncleanness, the plate makes it accepted.

8. “If it be legally unclean in whole or in most part?” “The passover must be burned in front of ‘the palace’[171] with the wood of the altar.” “A little which is unclean, and that which is left over?” “The owners may burn it in their own courts, or on their roofs with their own wood.” The stingy ones burnt it in front of the palace, that they might use the wood of the altar.

9. “The passover which was carried out of the city, or became unclean?” “The owner must burn it off-hand.” “Its masters became unclean or died?” “Let its appearance change, and let it be burned on the sixteenth.”[172] Rabbi Jochanan, the son of Beruka, said, “even it must be burned off-hand, because it has no one to eat it.”

10. “Bones and tendons and what is left over?” “They must be burned on the sixteenth.” “If the sixteenth happened on a Sabbath?” “They must be burned on the seventeenth, because they cannot abrogate either the laws of the Sabbath or the holiday.”

11. All that is eaten in a great ox may be eaten in a tender kid, and the tops of the shoulder-blades, and the gristle. “Whoever broke any bone in a clean passover?” “He must receive forty stripes.” “But for what is left over in the clean, [pg 100] and broken in an unclean passover?” “He does not receive the forty”.

12. “A member partly displaced?” “One must cut in till he reach the bone, and he must peel off the flesh till he reach the joint, and he cuts it off. But in other holy offerings one may cleave the displaced members with an axe, since there does not exist any (prohibition of) breaking the bone for them.” (For example), from the door-post and inwards is inside. From the door-post and outwards is outside. The windows and thickness of the wall are reckoned as inside.

13. “Two companies which eat the passover in one house?” “These turn their faces to this side and eat; and those turn their faces to that side and eat. And the boiler[173] is between the companies. The servant stands to mix wine. The servant must shut his mouth till he serve the other company. He afterward turns his face till he reach his own company, and then he may eat. And she who is newly married can turn her face aside and eat it.”

Chapter VIII

1. “The married woman, while she is in the house of her husband?” “Her husband slaughtered on her account, and her father slaughtered on her account?” “She must eat the passover with her husband.” “She went to spend the first feast after her marriage in the house of her father—her father slaughtered on her account, and her husband slaughtered on her account?” “She may eat in the place which she wishes.” “An orphan on whose account the guardians slaughtered?” “He may eat in the place which he wishes.” “A slave of two partners?” “He must not eat with both.” “A slave who is half free?” “He must not eat with his master.”

2. One said to his slave, “go and slaughter for me the passover.” “He slaughtered a kid?” “He may eat it.” “He slaughtered a lamb?” “He may eat it.” “He slaughtered a kid and a lamb?” “He may eat of the first.” “He forgot what his master said to him—what shall he do?” “He must slaughter a lamb and a kid, and shall say, ‘If my master said [pg 101] to me—a kid, the kid is on his account, and the lamb is on my account; and if my master said to me—a lamb, the lamb is for him, and the kid is for me.’ ” “If his master forgot what he said to him?” “Both animals must go forth to the house of burning; and they are free from keeping the second passover.”

3. One said to his sons, “I am ready to slaughter the passover for you who shall first go up to Jerusalem.” As soon as one of them entered with his head and the greater part of his body inside the city gate, he gained his own share of the passover, and gained it for his brothers with him. They may always be reckoned in one company, when each one obtains the size of an olive. They may first be reckoned, and afterward withdraw from a company till the passover be slaughtered. Rabbi Simon said, “until its blood be poured out on their account.”

4. “He who reckoned others with himself in his portion of the lamb?” “The members of the company are allowed to give to him his share, and he may eat of it with his own guests; and they may eat their portion with their own guests.”

5. “If one observed an issue twice?” “They may slaughter the lamb on his account on the seventh day of the issue if it be the fourteenth day of Nisan.” “If he observed it thrice?”[174] “They may only slaughter on his account on the eighth day of the issue” (if it be the fourteenth day of Nisan).

6. “The mourner and the person who opened a heap,[175] and also the person who has the promise of release from prison, and the sick, and the aged, who are able to eat the size of an olive?” “They may slaughter the passover for them.” For all of them they must not slaughter the lamb on their own account alone, lest they bring the passover into contempt,[176] because there might happen to them some abomination. They are freed from keeping a second passover—excepting him who in opening the heap was unclean from the beginning.

7. “They must not slaughter the passover for one person.” [pg 102] The words of Rabbi Judah; but Rabbi José “allowed it.” Even for a company of a hundred, when they cannot eat the size of an olive, they must not slaughter the passover; and they must not form a company of women, of slaves, and of little ones.

8. A mourner may be baptized, and eat his passover in the evening, but not other holy things. “He who heard of a death, or had the bones of his relations collected?” “He may be baptized and eat holy things.” “A stranger who was proselytized on the eve of the passover?” The school of Shammai say, “He may be baptized and eat his passover in the evening”; but the school of Hillel say, “he who just departed from the foreskin is as legally unclean as he who just departs from the grave.”

Chapter IX

1. He who was legally unclean, or in a journey afar off, and did not keep the first, must keep the second (passover). “He mistook it, or was constrained by force, and did not keep the first?” “He must keep the second.” “If so, why is it said unclean[177] or in a journey afar off?” “Because such persons are free from being cut off, but those bound to observe it are to be cut off if they neglect it.”

2. What is a “journey afar off?” “From Modiim[178] and outward; and so is the measure from Jerusalem on every side.” The words of Rabbi Akiba; Rabbi Eleazar said, “from the threshold of the temple-court and outward.” Said R. José, “for this reason there is a dot on the ‘he,’ to explain not that it is really afar off, but that one is afar off from the threshold of the temple-court and outward.”

3. “What is the difference between the first and second passover?” “The first passover forbids leaven to be seen or found; but the second allows unleavened and leavened bread in one's house.” The first passover requires hallel[179] during eating, but the second does not require hallel during eating. [pg 103] Both require hallel in their preparations, and the paschal sacrifices must be eaten roasted on unleavened bread with bitter herbs, and they both abrogate the Sabbath.

4. “The passover-offering which was brought during legal uncleanness?” “The man or woman with an issue may not eat of it, nor she in separation or in childbirth. But if they eat they are free from being cut off.” Rabbi Eleazar “frees them even in going into the sanctuary.”

5. “What is the difference between the passover of Egypt and the passover of succeeding generations?” “The passover of Egypt was taken on the tenth day,[180] and required the sprinkling with a bunch of hyssop on the lintel and the two side posts, and was eaten with haste in one night; but the passover of succeeding generations exists the whole seven days.”

6. Said R. Joshua, “I once heard that the substitute[181] of the passover-offering can be sacrificed, and that the substitute of the passover-offering cannot be sacrificed, I have no one to explain.” Said R. Akiba, “I will explain: the passover-offering, which was found (after being lost) before the time for slaughtering its substitute, may be pastured till it be blemished, and it can be sold, and the owner can take for its price peace-offerings, and so also for its substitute. After the time for slaughtering the passover-offering its substitute may be offered for a peace-offering, and so can also its substitute.”

7. “He who set apart a ewe for his passover, or a male of two years?” “He may pasture it till it be blemished. And he can sell it, and its price may be used for a free-will offering.” “He who selected his passover, and afterward died?” “His son must not offer it after him with the intention of a passover, but he may offer it with the intention of a peace-offering.”

8. “The passover-offering which was mixed up with other sacrifices?” “All must be pastured till they be blemished, and they must be sold, and the offerer must bring the price of the best of this kind and the price of the best of that kind, and the loss he must make up from his private means.” “The passover-offering which was mixed up with first-borns?” [pg 104] Rabbi Simon said, “if there be companies of priests they may eat it.”

9. “A company[182] which lost its passover-offering, and said to someone, ‘go and seek it and slaughter it for us’; and he went and found it and slaughtered it, and they meanwhile also took one and slaughtered it,—if his be first slaughtered?” “He may eat of his and they may eat with him of his.” “But if theirs be first slaughtered?” “They may eat of theirs, and he may eat of his.” “But if it be not known which of them was first slaughtered, or both were slaughtered at once?” “He must eat of his passover, but they cannot eat with him, and their passover must go forth to the house of burning; and they are freed from keeping a second passover.” “He said to them, ‘if I be too late, go and slaughter for me’; he went, and meanwhile found (the lost) one and slaughtered it, and they took and also slaughtered one. If theirs be first slaughtered?” “They may eat of theirs, and he may eat with them.” “But if his were first slaughtered?” “He shall eat of his, and they shall eat of theirs.” “But if it be not known which of them was first slaughtered or both of them were slaughtered at once?” “They shall eat of theirs, but he must not eat with them, and his lamb must go forth to the house of burning, and he is freed from keeping a second (passover).” “If he said to them ‘slaughter for me,’ and they also said to him ‘slaughter for us?’ ” “All shall eat of that one first slaughtered.” “But if it be not known which of them was first slaughtered?” “Both must go forth to the house of burning.” “If he did not say it to them, nor they say it to him?” “They are not sureties one for the other” (and they must eat apart from each other).

10. “Two companies had their passover-offerings mixed: this company drew out one for themselves, and that company drew out one for themselves. One of these comes to those, and one of those comes to these, and thus they say, ‘if this passover be ours, let our hands be withdrawn from yours and be counted with ours; but if this passover be yours, let our hands be withdrawn from ours and be counted with yours.’ [pg 105] And so with five companies of five each, and ten of ten each, they may draw out and join one from every company, and say so.”

11. “Two persons who had their passover-offerings mixed?” “One draws out one for himself, and the other draws out one for himself. This one can count with himself a person invited from the market. And that one can count with himself a person invited from the market. This individual comes to that one, and that one comes to this one, and so they say, ‘if this passover be mine, let thy hands be withdrawn from thine, and be counted with mine; and if this passover be thine, let my hands be withdrawn from mine, and be counted with thine.’ ”

Chapter X

1. On the eves of the passovers near to the time of evening prayer a man must not eat till it be dark. And even the poorest in Israel must not eat till he can recline at ease, and they must not withhold from him the four cups of wine, even though he receives the weekly alms.

2. When they mix for him the first cup of wine,[183] the school of Shammai say, “he shall repeat the blessing for the day, and after that the blessing for the wine.” But the school of Hillel say, “he shall repeat the blessing for the wine, and after that the blessing for the day.”

3. The attendants bring before him greens and lettuce. He dips the lettuce in its sauce till he come to the time for the seasoning of the bread. They bring before him unleavened bread, and lettuce, and the fruit sauce, on two dishes, even though the fruit sauce is not a command. Rabbi Eleazar, the son of Zadok, said (it is) “a command, and in the time of the sanctuary they used to bring before him the body of the passover offering.”

4. The attendants mixed for him the second cup, and here the son asks his father, and if the son have no knowledge his father teaches him, “in what is this night different from all other nights?” “Because in all other nights we eat leavened [pg 106] and unleavened bread. In this night all is unleavened. Because in all other nights we eat every herb, in this night bitter herbs. Because in all other nights we eat flesh roasted, well boiled, and boiled. In this night all is roasted. Because in all other nights we dip what we eat once, in this night twice” (i.e., in the sauce and in the seasoning). And according to the knowledge of the son his father teaches him. He begins in shame and he ends in praise. And he expounds from “a Syrian ready to perish was my father,”[184] till he end the whole passage.

5. Rabban Gamaliel used to say, “everyone who did not speak of these three things in the passover did not discharge his duty, and these are they: the passover, the unleavened bread, and bitter herbs. Passover, because OMNIPRESENCE passed over the houses of our fathers in Egypt. Unleavened, because our fathers were redeemed from Egypt. Bitter, because the Egyptians made the lives of our fathers bitter in Egypt.” In every generation man is bound to look to himself as though he in person went out from Egypt, as is said,[185] “And thou shalt show thy son in that day, saying, This is done because of that which the Lord did unto me when I came forth out of Egypt.” For this reason we are bound to acknowledge, to thank, to praise, to glorify, to exalt, to magnify, to bless, to elevate, without limit, HIM who has done for our fathers and us all these miracles. He brought us from slavery to freedom, from sorrow to joy, and from mourning to festivity, and from thick darkness to great light, and from servitude to redemption, and let us say before Him Hallelujah.

6. “How far does he repeat?” The school of Shammai say, till “a joyful mother of children.”[186] But the school of Hillel say, till “the flint into a fountain of waters,”[187] and he finished with a “blessing for redemption.” Rabbi Tarphon said, “ ‘Who redeemed us and redeemed our fathers from Egypt,’ and he does not end with any other blessing.” Rabbi Akiba adds, “So the Lord our God and the God of our fathers shall bring us to holidays and other feast-days yet to come to us in peace, rejoicing in the building of THY city, and delighting in THY service; and we shall eat there the sacrifices [pg 107] and the passovers, etc., until ‘Blessed be Thou, Lord, the Redeemer of Israel.’ ”

7. When the attendants mixed for him the third cup[188] he says the blessing for his food, with the fourth cup he finished the hallel, and said over it the blessing of the Song.[189] Between the first and second cups if he wish to drink, he may drink as much as he likes. Between the third and fourth he must not drink.

8. Persons are not free after the passover to ask for more food. “If some fall asleep during the passover?”[190] “They may afterward eat of it.” “All?” “They must not eat of it.” Rabbi José says, “If they dozed?” “They may eat of it.” “If they slept?” “They must not eat of it.”

9. The passover after midnight renders hands legally unclean. False intention and the remains of the feast render hands legally unclean.[191] “When one repeated the passover-blessing?” “He is free from the sacrifice-blessing, but the sacrifice-blessing does not free him from that of the passover.” The words of R. Ishmael. Rabbi Akiba said, “this does not free from that, nor that from this.”

On The Day Of Atonement

Preparations of the High Priest—Cleansing the Altar—Casting Lots—Daybreak—Offerings—Dress—Prayer—The Goats—Monobazus—Helena—Azazel—The Golden Censer—The Vail—Holy of Holies—“Foundation”—Sprinkling the Blood—Sending Forth the Goat into the Wilderness—High Priest Burning the Bullock and Goat—Reading—Ceremonial—Rules and Exceptions—Repentance and Atonement.

Chapter I

1. Seven days before the Day of Atonement the High Priest was removed from his house to the chamber[192] Parhedrin, and the council prepared for him another priest,[193] lest there happen to him any defilement. R. Judah said, “they prepared also another wife, lest his wife die”; as is said,[194] “And he shall atone for himself and for his house”; for his house, i.e., for his wife. The Sages said to him, “if so, there is no end to the matter.”

2. All these seven days, he (the high priest) sprinkled the blood, burned the incense, and trimmed the lamps, and offered the head and the foot. On the remainder of all the days, if he wished to offer, he offered; since the high priest first offered part, and first took part (in the sacrifices).

3. The elders from the elders of the great Sanhedrin delivered to him, and read before him, the ceremonial of the day; and they said to him, “My Lord High Priest, read with thy mouth, perchance thou hast forgotten, or perchance thou hast not learned.”[195] On the eve of the day of atonement, toward dawn, they placed him in the eastern gate (of the Temple), and they caused to pass before him bullocks, rams, and lambs, that he might be skilled and expert in his ministry.

4. All the seven days they did not withhold from him food and drink; the eve of the day of atonement, with the beginning of darkness, they did not permit him to eat much, since food induces sleep.

5. The elders of the great Sanhedrin delivered him to the elders of the priesthood, who brought him to the upper chamber of the house Abtinas. And they administered to him the oath,[196] and they left him and departed. And they said to him, “My Lord High Priest, we are ambassadors of the great Sanhedrin, and thou art our ambassador, and the ambassador of the great Sanhedrin. We adjure thee by Him, whose Name dwells in this house, that thou wilt not change aught of all which we have said to thee.” He went apart and wept. They went apart and wept.[197]

6. If he were a learned man, he expounded; but if not, the disciples of the learned expounded before him. If he were skilled in reading, he read; but if not, they read before him. “And in what did they read before him?” “In Job, and in Ezra, and in Chronicles.” Zachariah, the son of Kebutal, said, “I often read before him in Daniel.”

7. If he desired to sleep, the young priests filliped with the first finger[198] before him, and said to him, “My Lord High Priest, stand up and refresh thyself[199] once on the pavement,” and they kept him occupied[200] until the time approached for slaying (the victims).

8. Every day they cleansed the altar at cockcrow, or at its approach, intermediate before or after it; and on the day of atonement[201] at midnight; and in the three great feasts, at the first watch. And before cockcrow the court was crowded with Israel.

Chapter II

1. At first everyone who wished to (cleanse) the altar, cleansed it. When they were many, they ran and mounted the ascent, and each one, who at the middle outstripped his companion by four cubits, won it. If two were equal the president said to them, “lift your fingers.”[202] “And what is that?” “They lifted one or two fingers, but no one lifted the thumb in the Sanctuary.”

2. It happened that two were equal, and running and mounting the ascent, one of them thrust his companion, so that he fell, and his leg was broken. And when the great Sanhedrin saw that they were getting into danger, they decreed that they should not cleanse the altar save by lot. There were four lots, and this was the first lot.

3. The second lot was: Who should slay? Who sprinkle? Who should take the ashes from the inner altar? and who should take the ashes from the candlestick? and who should carry the members to the ascent? the head and the right foot, and the hind feet, the tail, and the left foot, the breast, and the throat, and the two sides, and the inwards, and the fine flour, and the pancakes, and the wine. Thirteen priests discharged this lot. Said Ben Asai in the presence of R. Akiba from the mouth of Rabbi Joshua, “like to its way of motion” (when alive).

4. The third lot[203] was for new men who came to offer incense, and they cast the lots. The fourth lot was for new men with the old, who should carry the members from the ascent to the altar.

5. The daily offering was with nine, ten, eleven, twelve, priests; not less and not more. “How?” “Itself with nine: at the feast of Tabernacles in the hand of one, a glass of water there is ten. The evening offering with eleven, itself with nine, and in the hands of two, two fagots of wood. On Sabbath, [pg 111] eleven; itself with nine, and two, in their hands two fragments of incense of the showbread. And on the Sabbath in the feast of Tabernacles in the hand of one a glass of water.”

6. The ram was offered with eleven; the flesh with five, the inner part, and the fine flour and the wine, to each two and two.

7. The bullock was offered with twenty-four priests. “The head and the right foot?” “The head with one, and the foot with two.” “The chine and the left foot?” “The tail with two, and the left foot with two.” “The breast and the throat?” “The breast with one, and the throat with three, the two hind feet with two, and the two sides with two, the inner parts and the fine flour, and the wine, each with three and three.” “Of which is that said?” “Of the offering for the whole congregation.” “But for the offerings of an individual?” “If he wished to offer, he might offer.” “For the skinning and cutting up?” “For these all were equal.”

Chapter III

1. The overseer said to them, “go and look if the time for slaughter is come.” If it came, the watchman said, “it is brightening.”[204] Matthew the son of Samuel said, “is the whole east light as far as Hebron?” and he said “yes.”

2. “And why was that necessary?” “Because it once happened that the light of the moon came up, and they deemed it the light from the east.” And they slaughtered the daily offering, and they brought it to the house of burning. And they brought down the High Priest to the house of Baptism. This was the rule in the Sanctuary that everyone who covered his feet (was required) to wash; and everyone retiring was required to sanctify his hands and feet.

3. No one entered the court for service, however clean, until he washed. The High Priest made five washings and ten purifications in this day, and all were in the Holy place above the house of Parva,[205] with the exception of the first one alone.

4. They made a screen of linen between him and the people. He undressed, descended, and washed. He came up and wiped himself. They brought to him robes of gold, and he dressed, and he sanctified his hands and feet. They brought to him the daily offering. He cut (its throat), and another finished the slaughter at his hand. He received the blood and sprinkled it. He entered to offer the morning incense and to trim the lights, and to offer the head and the members, and the things fried in the pan, and the wine.

5. The morning incense was offered between the blood and the members. That of the evening[206] between the members and the libations. If the High Priest were old, or delicate, they heated for him (iron), and they put it into the cold water, that its temperature should be changed.

6. They brought him to the house of Parva, and it was in the Sanctuary. They divided with the screen of linen between him and the people. He sanctified his hands and feet and undressed. R. Meier said, he undressed and sanctified his hands and feet, he descended and washed, he came up and he wiped himself. They brought to him white robes, he dressed and sanctified his hands and feet.

7. “In the morning he was dressed with Pelusian linen worth twelve minas,[207] and in the evening with Indian linen worth 800 zuz.”[208] The words of R. Meier. But the Sages say, “that in the morning his dress was worth eighteen minas, and in the evening twelve minas”; all these thirty minas were from the congregation, and if he wished to add to them he might add of himself.

8. He came to the side of his bullock, and the bullock was standing between the porch and the altar; his head to the North, and his face to the West; and the Priest stood in the East, and his face Westward, and he placed both hands upon him and made confession, and thus he spake, “I beseech thee, O Name, I have committed iniquity. I have sinned before Thee—I, and my house—I beseech thee, O Name, pardon[209] now the iniquities and the transgressions and the sins which I have perversely committed, and transgressed, and sinned [pg 113] before thee, I, and my house, as is written in the law of Moses thy servant, that in this day ‘He will atone for you,’ etc. And they answered after him, ‘BLESSED BE THE NAME. THE HONOR OF HIS KINGDOM FOREVER AND EVER.’ ”

9. He came to the east of the court to the north of the altar. The Sagan was at his right hand, and the chief of the fathers at his left. And there were the two goats; and the urn was there, and in it were two lots of boxwood, and Ben Gamla made them of gold, and they commemorated him as praiseworthy.

10. The son of Katin made twelve pipes to the laver, where before there were but two; and also he made a wheel for the laver, lest its water should be polluted by night. Monobazus[210] the king made all the handles of the vessels, of gold for the day of atonement. Helena, his mother, made a chandelier of gold near the door of the Sanctuary, and she also made a tablet of gold upon which the section of the Sota[211] was written. Wonders were wrought for the doors of Nicanor,[212] and they were commemorated as praiseworthy.

11. And these were in ignominy: The family of Garmu, who were unwilling to instruct in the preparation of the show-bread. The family of Abtinas, who were unwilling to instruct in the preparation of incense. Hogrus, the son of Levi, knew a tune in the chant, and was unwilling to instruct. The son of Kamzar was unwilling to instruct in the art of writing. Concerning the former it is said, “The memory of the just is blessed”; and concerning the latter it is said, “but the name of the wicked shall rot” (Prov. x. 7).

Chapter IV

1. He shook the urn and brought up two lots; one was written “for the Name,” and the other was written “for Azazel.”[213] The Sagan stood at his right hand, and the Chief of the Fathers at his left. If “for the Name” came up in his right hand the Sagan said to him, “My Lord High Priest, lift [pg 114] up thy right hand”; and if “for the Name” came up in his left the Chief of the Fathers said to him, “My Lord High Priest, lift up thy left hand.” He placed them upon the two goats, and said, “for the Lord is the sin-offering.” R. Ismael said, “it was not necessary to mention the sin-offering” but “for the Lord.” And they answered after him, “BLESSED BE THE NAME. THE HONOR OF HIS KINGDOM FOREVER AND EVER.”

2. He twisted a tongue[214] of brightness on the head of the goat to be sent away, and he placed him opposite the gate from whence he should be sent. And the one for slaughter he placed opposite the slaughter-house. He himself came beside his bullock the second time, and laid his two hands upon him and made confession, and thus he spake: “I beseech Thee, O Name, I have committed iniquity, I have transgressed, I have sinned before Thee. I, and my house, and the sons of Aaron, Thy holy people. I beseech Thee, O Name, pardon iniquities, transgressions, and sins which I have perversely committed, and transgressed, and sinned before Thee, I, and my house, and the sons of Aaron, Thy holy people, as is written in the law of Moses, Thy servant, saying, that in this day he will atone for you to purify you from all your sins ‘Before the LORD. Ye shall be pure.’ ” And they answered after him, “BLESSED BE THE NAME. THE HONOR OF HIS KINGDOM FOREVER AND EVER.”

3. He slaughtered him and caught his blood in a bowl, and he gave it to him who mixed it upon the fourth platform of the Sanctuary, that it might not congeal. He took the censer, and went up to the top of the altar, and raked the live coals here and there, and gathered out from the inner embers. And went down and placed it upon the fourth platform in the court.

4. Every day he gathered out the coals with one of silver and poured them out into one of gold, but to-day he gathered them with one of gold and he entered with it. Every day he [pg 115] gathered them out with one of four cabs[215] and poured them into one of three cabs. But to-day he gathered them out with one of three cabs, and with it he entered. Rabbi Joseph said, “every day he gathered out with one containing a seah,[216] and poured it into one of three cabs. But to-day he gathered out with one of three cabs, and with it he entered. Every day it was heavy, but to-day it was light. Every day its handle was short, but to-day long. Every day it was green gold; to-day red.” The words of Rabbi Menachem. “Every day he offered half a pound in the morning, and half a pound in the evening, but to-day he added his handful. Every day it was fine; but to-day the finest of the fine.”

5. Every day the priests went up the ascent (to the altar) in the east and descended in the west. But to-day the High Priest went up in the middle and descended in the middle. R. Judah said, “The High Priest ever went up in the middle and descended in the middle.” Every day the High Priest sanctified his hands and his feet from the laver; but to-day from the golden basin. R. Judah said, “The High Priest ever sanctified his hands and his feet from the golden basin.”

6. “Every day there were there four rows[217] of hearths; but to-day five,” the words of R. Meier. Rabbi Joseph said, “every day three; but to-day four.” Rabbi Judah said, “every day two; but to-day three.”

Chapter V

1. They brought out for him the cup and the censer, and filled his hand full (of incense), and put it into the cup, the large according to his largeness,[218] and the smaller according to his smallness, and so was its measure. He took the censer in his right hand, and the spoon in his left. He proceeded in the Sanctuary until he came between the two vails dividing between the holy and the holy of holies, and intermediate was a cubit. R. Joseph said, “there was one vail only,” as He said, “the vail is the division for you between the Holy and the Holy of Holies” (Exod. xxvi. 33). Outside it was looped [pg 116] up southward, inside northward. He proceeded between them till he reached the north. When he reached the north his face was turned southward. He proceeded leftward near the vail till he came to the ark. When he came to the ark, he put the censer between its two staves, he heaped the incense on the live coals, and the whole house was entirely filled with smoke. He went out, and returned by the way of his entrance, and he offered a short prayer in the outer house, and he did not prolong his prayer, lest he should excite terror[219] in Israel.

2. When the ark was removed, a stone was there from the days of the first prophets, and it was called “FOUNDATION.”[220] It was three digits high above the earth, and upon it he put the censer.

3. He took the blood from the mixer.[221] With it he entered to the place where he entered, and stood in the place where he stood. He sprinkled of it once on high, and seven times below, and he did not purpose to sprinkle neither on high nor below, but unintentionally,[222] and so he counted, “one, one and one, one and two, one and three, one and four, one and five, one and six, one and seven.” He went out and placed it on the golden pedestal, which was in the Sanctuary.

4. They brought to him the goat, he slaughtered it and caught his blood in a bowl. He entered to the place where he entered, and stood in the place where he stood, and sprinkled of it once on high and seven times below, and he did not purpose to sprinkle neither on high nor below, but unintentionally;[223] and so he counted, “one, one and one, one and two,” etc. He went out, and placed it on the second pedestal, which was in the Sanctuary. R. Judah said “there was but one pedestal only.” He took the blood of the bullock and laid down the blood of the goat, and sprinkled of it on the vail opposite the ark, on the outside, once on high, seven times below, and he did not purpose, etc., and so he counted. He took the blood of the goat and laid down the blood of the bullock, and sprinkled of it on the vail opposite the ark, on [pg 117] the outside, once on high and seven times below, etc. He poured the blood of the bullock into the blood of the goat, and infused the full into the empty.

5. And he went out to the altar which is before the LORD. This was the golden altar. He began cleansing it, and went down. “From what place did he begin?” “From the Northeastern corner, the Northwestern, Southwestern, and Southeastern, the place where he began with the sin-offering of the outer altar, at the same place he finished upon the inner altar.” R. Eliezer said, “he stood in his place and cleansed, and in general he operated from below upward, excepting that which was before him, on that he operated from above downward.”

6. He sprinkled on the middle[224] of the altar seven times, and the remainder of the blood he poured out on the western foundation of the outer altar, and the blood from the outer altar he poured out on the southern foundation. This and that commingled in the channel, and flowed out to the Kidron Valley, and they were sold to the gardeners for manure, and they became guilty[225] in themselves.

7. All work of the day of atonement is described in order. If the High Priest performed one before the other, he did nothing. If the blood of the goat be sprinkled before the blood of the bullock, he must return, and sprinkle from the blood of the goat after the blood of the bullock. And if he had not finished the performances within, the blood was spilled. He must bring other blood, and return to sprinkle first from within. And so in the Sanctuary, and so in the golden altar, because all are an atonement in themselves. R. Eleazar and R. Simon say, “from the place where he stopped there he began.”

Chapter VI

1. Both he-goats for the day of atonement are commanded to be alike in color, and in stature, and in price, and to be selected at the same time, and although they be not equal, yet are they lawful. “If one be selected to-day and the other tomorrow?” “They are lawful.” “If one of them died?” [pg 118] If he died before the lot be cast, the priest shall take a pair for the second; and if after the lot be cast he die, the priest shall fetch another pair, and cast the lot over them anew. And he shall say, “if that for the Name die, this over which this lot comes will be a substitute for the Name; and if that for Azazel die, this over which this lot comes will be a substitute for Azazel.” And the second shall go to pasture, until he become blemished, and he shall be sold, and his price must be put into the offertory. Since the sin-offering of the congregation dies not. R. Judah said, “thou shalt die”;[226] and again said R. Judah, “is his blood shed?” “The one to be sent forth shall die.” “Has the one to be sent forth died?” “His blood shall be shed.”

2. The high priest came to the side of the goat to be sent forth, and he placed his two hands[227] on him and made confession, and thus he spake: “I beseech Thee, O Name, Thy people, the house of Israel, have done perversely, have transgressed and sinned before Thee. I beseech Thee, O Name, pardon now their perverse doings, and their transgressions, and their sins, which they have perversely committed, and transgressed, and sinned before thee. Thy people the house of Israel, as is written in the law of Moses Thy servant, saying, ‘For on that day shall he make an atonement for you to cleanse you from all your sins; before the LORD ye shall be pure.’[228] And the priests and the people who stood in the court, on hearing the Name clearly pronounced by the mouth of the High Priest, knelt and worshipped, and fell on their faces and said, ‘BLESSED BE THE NAME. THE HONOR OF HIS KINGDOM FOREVER AND EVER.’ ”

3. They delivered (the goat) to his conductor. All were eligible for conducting him. But the great priests made a rule, and they did not permit Israel to lead him forth. Said R. Joseph, “it occurred that Arsela of Zippori led him forth, and he was an Israelite.”

4. And they made steps[229] for him by reason of the Babylonians,[230] who plucked off his hair and said to him, “take and go, [pg 119] take and go.” The nobles of Jerusalem escorted him to the first booth. There were ten booths from Jerusalem to Zuk,[231]—ninety stadia—seven and a half to every mile.

5. At every booth they said to him, “there is food, there is water,” and they escorted him from booth to booth, except the last. For they came not with him to Zuk, but stood afar off and saw his acts.

6. “What did he do?” “His conductor divided the tongue of brightness (iv. 2). Half he twisted on the rock, and half he twisted between his horns. And he thrust him backward, and the goat rolled, and descended, and he had not reached to the half of the mountain, till his members were made members.[232] He returned and sat under the last booth until darkness set in.” “And when did he render garments unclean?”[233] “From his exit from the wall of Jerusalem.” R. Simon said, “from the time of his thrusting at Zuk.”

7. The High Priest came beside the bullock and he-goat which were to be burned. He cleft them, and brought out their entrails. He put them on a dish, and caused them to smoke upon the altar. He folded them in their skins, and caused them to be carried to the place of burning. “And when did he render garments unclean?” “From his proceeding without the wall of the court.” R. Simon said, “when the fire kindled on the greatest part” (of the sacrifice).

8. They said to the High Priest, “the he-goat has arrived in the wilderness.” “And whence knew they that the he-goat had arrived in the wilderness?” “They set watchmen, who waved handkerchiefs, and they knew that the he-goat had arrived in the wilderness.” Said R. Judah, “and was not this a great sign to them? from Jerusalem to Bethhoron[234] there were three miles. They went a mile and returned, and rested the time of a mile, and they knew that the he-goat arrived in the desert.” R. Ishmael[235] said, “and was there not another sign to them?” [pg 120] A tongue of brightness was twisted on the door of the Sanctuary, and when the he-goat arrived in the wilderness the tongue blanched, as is said, “Though your sins be as scarlet, they shall be white as snow.”[236]

Chapter VII

1. The High Priest came to read. If he wished to read in linen garments, he read. If not, he read in his own white stole. The public Minister of the congregation took out the roll of the Law, and delivered it to the Chief of the congregation, and the Chief of the congregation gave it to the Sagan, and the Sagan gave it to the High Priest. And the High Priest stood and received it and read. He stood and read “after the death”[237] and “also on the tenth day.”[238] And he rolled up the book of the Law, and put it into his bosom, and said, “More than what I have read before you is written here.” And “on the tenth”[239] in the Pentateuch of overseers he recited, and pronounced upon it eight blessings; upon the Law, and upon the Service, and upon the confession, and upon the forgiveness of sins, and upon the Sanctuary separately, and upon Israel separately, and upon Jerusalem separately, and upon the Priests separately, and upon the remainder of the prayer.

2. He who saw the High Priest, when he read, could not see the bullock and the he-goat, when they were burning. And he who saw the bullock and the he-goat, when they were burning, could not see the High Priest, when he read. Not because it was forbidden, but because the way was far, and the work of both was proceeding at once.

3. If he read in linen garments, he sanctified his hands and his feet, he undressed, he descended and bathed. He came up, and wiped himself. They brought him golden garments, and he dressed, and he sanctified his hands and his feet, and went forth and offered the ram for himself, and the ram for the people, and seven lambs without blemish of a year old. The words of R. Eleazar. R. Akiba said, “with the morning sacrifice they were offered.” And the bullock of burnt-offering and the he-goat,[240] which was prepared without, were offered with the evening sacrifice.

4. He purified his hands and his feet, and undressed, and washed, and he came up, and wiped himself. They brought to him white garments, and he dressed, and sanctified his hands and his feet. He entered to bring forth the spoon and the censer, he sanctified his hands and his feet, and undressed, and he descended, and washed. He came up, and wiped himself. They brought to him garments of gold, and he dressed, and sanctified his hands and his feet. And he entered to offer the evening incense, and to trim the lights; and he sanctified his hands and his feet, and he dressed. They brought to him his own garments, and he dressed. And they escorted him to his house. And he made a feast-day for his friends, when he went out in peace from the Sanctuary.

5. The High Priest ministered in eight vestments. And the ordinary priest in four, in the tunic, and drawers, and bonnet, and girdle. To these, the High Priest added the breast-plate, and ephod, and robe, and (golden) plate. In these they inquired by Urim and Thummim.[241] And they did not inquire in them for a private person; only for the King and the great Sanhedrin, and for whomsoever the congregation is necessary.

Chapter VIII

1. On the day of atonement, food, and drink, and washing, and anointing, and the sandal latchet,[242] and marriage duties, are restricted. “But the king and bride are allowed to wash their face, and the woman after childbirth may wear sandals.” The words of R. Eleazar, but the Sages forbid them.

2. The person who eats the size of a big date and its grain, and drinks a jawful, is liable to punishment. All edible things are united for the measure of the date, and all drinkable things are united for the measure of the jawful. Eating and drinking are not united.

3. He who eats and drinks unwittingly, is only liable for one sin-offering. If he eat and work, he is liable for two sin-offerings. He who eats what is disagreeable for food, and [pg 122] drinks what is disagreeable for drinking, and he who drinks fish brine, or salt gravy, is free.

4. They do not afflict young children in the day of atonement, but they coax them one or two years before, that they may be accustomed to the commandments.

5. If the pregnant woman be affected by the odor, they give her food, till her strength return. To the sick person they give food by order from the physicians. If there be no physicians, they give him food at his own demand until he say, “it is enough.”

6. Him who is affected with blindness, they fed even with unclean things, till his eyes got the power of vision. Him who is bitten by a mad dog, they fed not with the caul of his liver. But R. Mathia Ben Charash said, “it is allowed”; and again said R. Mathia Ben Charash, “to him who had throat complaint they administered medicine in his mouth on the Sabbath day, since there is uncertainty of life, and all uncertainty of life abrogates the Sabbath.”

7. “On whomsoever an old ruin falls, if there be a doubt, whether one be under it or not; if there be doubt, whether he be alive or dead; if there be a doubt, whether he be a foreigner or an Israelite?” “They open over him the heap. If they find him alive, they open fully, but if dead, they leave him.”

8. The sin-offering, and the offering for known transgression make atonement. Death and the day of atonement with repentance make atonement. Repentance atones for light transgressions, for commands positive and negative. But grave offences are suspended, till the day of atonement come, and it will atone.

9. He who said, “I will sin and repent—I will sin and repent?” “They did not give him the opportunity of repentance.” “I will sin, and the day of atonement shall atone?” “The day of atonement makes no atonement.” Transgressions between man and The Place[243] the day of atonement expiates. [pg 123] Transgressions between man and his neighbor, the day of atonement does not expiate, until his companion be reconciled. This R. Eleazar Ben Azariah explained “From all thy sins before the LORD thou shalt be cleansed.” Transgressions between man and The Place, the day of atonement expiated. Transgressions between man and his companion, the day of atonement did not expiate, until his companion be reconciled. Said R. Akiba, “Happy are ye, Israel! before whom are ye to be pure? Who will purify you? Your Father in heaven, as is said, ‘I will sprinkle clean water upon you, and ye shall be clean.’ ” Then said the Fountain of Israel, the LORD, “As the fountain purifies the defiled, so the Holy One, blessed be He, purifies Israel.”

On Tabernacles[244]

Size and Covering of Tabernacles—What Constitutes a Tabernacle—Exemptions—Palm Branches—Myrtle Boughs—Willows—Citrons—Reading and Blessing—Thrashing the Altar—Rejoicings—Pouring Out of the Water—The Lighting and Dancing—Singing and Music—Blowing the Trumpets—Offerings and Courses—The Course Bilgah.

Chapter I

1. A booth which is above twenty cubits high is disallowed. R. Judah allows it. One which is not ten hands high, one which has not three walls, or which has more sun than shade, is disallowed. “An old booth?” “The school of Shammai disallow it; but the school of Hillel allow it.” “What is an old booth?” “One that was made thirty days before the feast; but if it were made with intention for the feast, even from the beginning of the year, it is allowed.”

2. “If a man make his booth beneath a tree?” “It is as though he made it in the house.” “If one booth be above another?” “The upper one is allowed; but the lower one is disallowed.” R. Judah says, “if they cannot inhabit the upper one, the lower one is allowed.”

3. “If one spread a cloth over (its roof)[245] on account of the sun; or under (its roof) on account of the falling leaves; or if one spread a canopy over his bed?” “It is disallowed. But he may spread a cloth over two bedposts.”

4. “If one have trained a vine, or a gourd, or ivy, and covered it over?” “It is disallowed. But if the covering be larger than these, or if they have been trimmed, it is allowed.” The rule is, everything which contracts uncleanness, and does not grow from the ground, must not be used for a covering; [pg 125] but everything which does not contract uncleanness, and grows from the ground, may be used for a covering.

5. Bundles of straw, and bundles of wood, and bundles of twigs, must not be used for covering. But all of them, if untied, are allowed. And all of them are allowed for side walls.

6. “They may cover it with laths.” The words of R. Judah; but R. Meier forbids it. “If one put a board four hands wide over it?” “It is allowed, provided he do not sleep under it.”

7. “Rafters over which there is no ceiling?” R. Judah says, “the school of Shammai say, ‘let him loosen them, and remove the middle one out of three.’ But the school of Hillel say, ‘he may either loosen them, or remove the middle one out of every three.’ ” R. Meier says, “he must remove the middle one out of every three, but he need not loosen them.”

8. “If one roof in his booth with spits, or bed-boards?” “If the intermediate spaces be equal to them, it is allowed.” “If one pile up loose sheaves to make a booth?” “It is no booth.”

9. “If one interweave the side walls from above downwards?” “If they be three hand-breadths high from the ground, it is disallowed.” “If from the ground upwards they be ten hand-breadths high?” “It is allowed.” R. José says, “even as from the ground upward ten hand-breadths (are required), so likewise from the roof downward, ten hand-breadths (are required).” “If the covering be three hand-breadths above the side walls?” “It is disallowed.”

10. “If a house be unroofed and covered over?” “If there be a space of four cubits between the wall and the covering, it is disallowed: also a court, in which there is an enclosed passage.” “If the large booth be enclosed with covering, which must not be used, and if there be below it a space of four cubits?” “It is disallowed.”

11. “If one make his booth like a pyramid; or lean it against a wall?” R. Eleazar “disallows it, because it has no roof”; but the Sages “allow it.” “A large reed mat, which has been made for sleeping purposes?” “It contracts uncleanness, and they must not cover with it.” “If made for covering purposes?” “They may use it; and it contracts no uncleanness.” R. Eleazar says, “whether large or small, if made for sleeping, it contracts uncleanness, and must not be used for covering; [pg 126] but if made for covering, they may cover with it, and it contracts no uncleanness.”

Chapter II

1. “If one sleep under a bed in the booth?” “He has not discharged his duty.” R. Judah said, “we used to sleep under a bed before the elders, and they said nothing to us.” R. Simon said, “it happened that Tabbi, the slave of R. Gamaliel, used to sleep under a bed, and R. Gamaliel said to the elders, ‘you have seen my slave Tabbi, he is a disciple of the Sages, and knows that slaves are exempted from the booth, therefore he sleeps under a bedstead.’ From this we in our way infer that he who sleeps under a bed has not discharged his duty.”

2. “If a man support his booth with the posts of his bed?” “It is allowed.” R. Judah says, “a booth which cannot stand by itself, is disallowed.” A booth, which is unequally covered, and its shade greater than its sunlight, is allowed. If the covering be thick like a house roof, even though the stars are not seen through it, it is allowed.

3. “If one make his booth on the top of a wagon, or on a boat?” “It is allowed; and he may go up to it on the festival.” “If one make it on the top of a tree, or on the back of a camel?” “It is allowed, but he must not go up to it on the festival.”[246] “If two sides (be formed) by a tree, and one by the hands of man, or two by the hands of man and one by a tree?” “The booth is allowed, but he must not go up to it on the festival.” “If three (sides be formed) by hands of man and the fourth by a tree?” “The booth is allowed, and he may go up to it on the festival.” This is the rule—when, on the removal of the tree, it can stand by itself, the booth is allowed, and one may go up to it on the festival.

4. “If one make his booth between trees, and the trees form side walls?” “The booth is allowed.” Messengers on a pious errand are exempted from the booth. The sick and their attendants are exempted from the booth. Persons may occasionally eat or drink outside the booth.

5. It happened that they brought to R. Jochanan, son of [pg 127] Zachai, a dish to taste, and to Rabban Gamaliel two dates and a jar of water, and they said, “bring them to the booth.” But when they brought to R. Zadok food smaller than an egg, he took it in the napkin[247] and ate it outside the booth, but he did not say a blessing after it.

6. R. Eleazar says, “a man is bound to eat fourteen meals in the booth, one by day and one by night”; but the Sages say the matter is not determined, except on the first night of the festival. Moreover R. Eleazar said, “he who has not taken his meal on the first night of the festival, may complete it on the last night of the festival; but the Sages say that he must not complete it, and for this it is said, ‘(That which is) crooked cannot be made straight, and that which is wanting, cannot be numbered.’ ”[248]

7. “If anyone's head, and the greater part of his body, be in the booth, and his table in the house?” The school of Shammai “disallow it”; but the school of Hillel “allow it.” The school of Hillel said to the school of Shammai, “did it not happen that the elders of the school of Shammai, and those of the school of Hillel, went to visit R. Jochanan, son of Hachorni, and they found him sitting with his head and the greater part of his body in the booth while his table was in the house, and they said nothing to him?” The school of Shammai said to them, “Is that a proof? Even the elders did say to him, ‘if such has been thy custom, thou hast never in thy life fulfilled the commandment of the booth.’ ”

8. Women, slaves, and children, are exempted from the booth. A boy who no longer needs his mother is bound to the booth. It happened that the daughter-in-law of Shammai, the elder,[249] gave birth to a son, and Shammai removed the ceiling and covered over her bed on account of the little one.

9. During the whole seven days a man is to make the booth his regular dwelling, and (to use) his house only occasionally. “If rain fall, when is it permitted to remove from it?” “When the porridge is spoiled.” The elders illustrate this by an example: “To what is the matter like?” “It is as if a servant pour out a cup for his master, who in return dashes a bowlful in his face.”

Chapter III

1. A palm branch stolen or withered is disallowed. One from an idolatrous grove, or from a city withdrawn to idolatry,[250] is disallowed. If the point be broken off, or the leaves torn off, it is disallowed. If they be only parted, it is allowed. R. Judah says, “it must be tied together at the top.” Short-leaved palms from the Iron Mount[251] are allowed. A palm branch measuring three hands, sufficient to shake it by, is allowed.

2. A myrtle bough stolen, or withered, is disallowed. One from an idolatrous grove, or from a city withdrawn to idolatry, is disallowed. If the point be broken off, or the leaves torn off, or if it have more berries than leaves, it is disallowed. But if the berries be lessened it is allowed; but they must not diminish them on the festival.

3. A willow of the brook stolen, or withered, is disallowed. One from an idolatrous grove, or from a town withdrawn to idolatry, is disallowed. If the point be broken off, or the leaves torn off, or if it be a mountain willow, it is disallowed. One faded, or from which some leaves have dropped off, or which has grown on dry ground, is allowed.

4. R. Ishmael says, “three myrtle boughs, two willows, one palm branch, and one citron, even if two out of the three myrtle boughs have their points broken off.” R. Tarphon says, “even if three have their points broken off.” R. Akivah says, “even as there is one citron and one palm branch, so there is one myrtle bough and one willow.”

5. A citron stolen or withered is disallowed. One from an idolatrous grove, or from a city withdrawn to idolatry, is disallowed. One off an uncircumcised tree[252] is disallowed. One from an unclean heave-offering[253] is disallowed. From the clean heave-offering one is not to take a citron, but if it be taken, it is allowed. “One from what is doubtful as to payment of tithe?” The school of Shammai “disallow it,” but the school of Hillel “allow it.” One is not to take a citron from the second tithe in Jerusalem, but if it be taken it is allowed.

6. If a stain spread over the greater part (of the citron), if it have lost its crown, or its rind be peeled off, or if it be split, or bored, or if ever so little be wanting, it is disallowed. If a stain be spread over the smaller part of it, if it have lost its stalk, or if it be bored so that no part however small be wanting, it is allowed. A dusky citron is disallowed. A leek green one R. Meier “allows,” but R. Judah “disallows it.”

7. “What is the (legal) size of a small citron?” R. Meier says “like a nut.” R. Judah says “like an egg.” “And of a large citron?” “That one can hold two in his hand,” the words of R. Judah. But R. José says, “One if (it must be held) in two hands.”

8. “They must only tie the palm-branch with its own kind,” the words of R. Judah. But R. Meier says, “even with twine.” R. Meier said, “it happened that the men of Jerusalem tied their palm-branches with gold thread.” The Sages said to him, “underneath they tied them with their own kind.”

9. “When did they shake the palm-branch?” At the beginning and ending of “Oh, give thanks unto the Lord,”[254] and at “Save now, I beseech Thee, O Lord,”[255] the words of the school of Hillel. But the school of Shammai say, “also at ‘O Lord, I beseech Thee,’ send now prosperity.”[256] R. Akivah said, “I watched Rabban Gamaliel and R. Joshua; and when all the people shook their palm-branches, they only shook theirs at ‘Save now, I beseech Thee.’ ” If one be on the road, and have no palm-branch with him, he must, when he gets home, shake it at his table. If he have not done it in the morning, he must do it toward evening, as the whole day is allowed for the palm-branch.

10. If the hymns[257] be read to a man by a slave, or a woman, or a child,[258] he must repeat after them what they read, but it is a disgrace[259] to him. If a grown-up man read it to him, he must repeat after him, Hallelujah.

11. In a place where it is the custom to repeat,[260] a man must repeat; to simply read, a man must simply read; to bless after the palm-branch, a man must bless. In every case according to the custom of the country. If a person buy a [pg 130] palm-branch from his neighbor during the Sabbatical year, he must give him a citron as a gift, for it is not permitted to buy a citron during the Sabbatical year.

12. At first the palm-branch was used in the Sanctuary seven days, and in the country one day. But after the Sanctuary was destroyed, R. Jochanan, the son of Zachai, decreed, “that in the country the palm-branch should be used seven days, in memory of the Sanctuary.” He at the same time also decreed, “that on the day of the wave-sheaf[261] it should be unlawful to eat new grain.”

13. If the first day of the feast fall on a Sabbath, all the people are to bring their palm-branches (beforehand) to the Synagogue. In the morning they come early, and each man must distinguish his own palm-branch, and take it, for the Sages say, “that a man cannot discharge his duty on the first day of the feast by means of his neighbor's palm-branch, but on the other days of the feast he may discharge his duty by means of his neighbor's palm-branch.”

14. R. José says, “if the first day of the feast fall on the Sabbath, and a man forget, and carry his palm-branch out on the public common, he is absolved, because he carried it out with permission.”[262]

15. A woman may receive the palm-branch from the hand of her son, or of her husband, and put it back into water on the Sabbath. R. Judah says, “on the Sabbath they may put it back; on the feast they may add water; and on the middle days they may change the water.” A child who knows how to shake, is bound to shake the palm-branch.

Chapter IV

1. The palm-branch and the willow (were used) for six days and for seven. The hymn, and the rejoicings, for eight days. The booth and the pouring out of water for seven days; and the musical pipes for five and for six days.

2. The palm-branch (was used) for seven days. “How?” “When the first day of the feast fell on a Sabbath, the palm-branch (was used) for seven days. Otherwise all the days were six.”

3. The willow (was used) for seven days. “How?” “When the seventh day of the willow happened to fall on a Sabbath, the willow (was used) for seven days. Otherwise all the days were six.”

4. “How was the command for the palm-branch when the first day of the feast fell on a Sabbath?” “They used to bring their palm-branches to the mountain of the House, and the inspectors received them, and arranged them on a bench. But the elders placed theirs in a chamber. And the people were taught to say, ‘Whoever takes my palm-branch in his hand, be it his as a gift.’ On the morrow they came early, and the inspectors spread them before them. And they used to snatch them and hurt each other. When the Sanhedrin saw that persons were endangered, it was decreed that every man should take them home.”

5. “How was the command for the willow?” “There was a place below Jerusalem called Moza;[263] thither the people went down and gathered drooping willow-branches. And they came and erected them at the side of the altar, with their tops bending over the altar. They blew the trumpet, and sounded an alarm, and blew a blast. Every day they made one circuit round the altar, and said, ‘Save now, I beseech Thee, O Lord! O Lord, I beseech Thee, send now prosperity.’ ” Rabbi Judah said, “I and HE save now, I beseech thee.”[264] On the day itself[265] they made seven circuits round the altar. “As they withdrew what did they say?” “Beauty is thine, O Altar!” “Beauty is thine, O Altar!” R. Eleazar said, “To the LORD and to thee, O Altar!” “To the LORD, and to thee, O Altar!”

6. As they did on the week-days, so they did on the Sabbath, save that they gathered the willow-boughs on the Sabbath-eve, and put them into vases of gold, that they might not fade. R. Joshua, son of Beroka, says, “they brought date-branches, and thrashed them on the ground at the sides of the altar” (others say “on the altar”). And the day itself was called “the day for thrashing the branches.”

7. Immediately the children threw down their palm-branches, and ate their citrons.

8. The hymn and rejoicings were for eight days. “How?” “It is taught, that a man is bound to the hymn, and the rejoicings in honor of the last day of the feast, even as on its other days.” “How is the booth for seven days?” “When a man has completed his eating, he is not to pull down his booth; but after the evening sacrifice he may remove his furniture in honor of the last day of the feast.”

9. “How was the pouring out of the water?” “A golden pitcher holding three logs[266] was filled from Siloam. When they came (with it) to the water-gate they blew the trumpet, an alarm, and a blast. The priest then went up the ascent to the altar, and turned to his left. Two silver basins were there.” R. Judah says, “they were of lime, but their look was dark from the wine.” And they were bored with two narrow nostrils, one wider, the other narrower, that both might get empty at once. “The one to the west was for the water; the other to the east was for the wine; but if the water was poured into the wine basin, or the wine into the water basin, it was allowed.” R. Judah said, “they poured out one log on each of the eight days.” To him, who poured out, they said, “lift your hand;” for once it happened, that one poured over his feet,[267] and all the people pelted him to death with their citrons.

10. As they did on the week-days, so they did on the Sabbath; save that on the Sabbath eve an unconsecrated golden cask was filled from Siloam, and placed in a chamber. If it were spilt or uncovered, it was refilled from the laver, as water and wine which had been uncovered were disallowed on the altar.

Chapter V

1. The musical pipes were (played) for five and (sometimes) six days. That is to say, the pipes of the water-drawing, which supersedes neither the Sabbath day nor the feast. The (Sages) said, “he who has not seen the joy[268] of the water-drawing, has never seen joy in his life.”

2. With the departure of the first day of the feast, they went [pg 133] down into the women's court, and made great preparations.[269] Four golden candlesticks were there, and four golden basins on their tops, and four ladders to each candlestick, and four lads from the young priests, and in their hands were jars of oil containing 120 logs, with which they replenished each basin.

3. The cast-off breeches and belts of the priests were torn to wicks, which they lighted. And there was not a court in Jerusalem that was not lit up by the lights of the water-drawing.

4. Pious and experienced men danced with lighted torches in their hands, singing hymns and lauds before them. And the Levites accompanied them with harps, psalteries, cymbals, trumpets, and numberless musical instruments. On the fifteen steps which went down from the court of Israel into the women's court, corresponding with the fifteen songs of degrees,[270] stood the Levites with their musical instruments, and sang. And at the upper gate, which went down from the court of Israel to the court of the women, stood two priests with trumpets in their hands. When the cock crew, they blew a blast, an alarm, and a blast.[271] When they reached the tenth step, they blew a blast, an alarm, and a blast. And when they got into the court, they blew a blast, an alarm, and a blast. They went on blowing as they went, until they reached the gate, that leads out to the east. When they reached the gate, that leads out to the east, they turned their faces westward,[272] and said,

“Our fathers, who were in this place,

Turned their backs upon the Temple;

And their faces toward the east,

And worshipped the sun eastward.”[273]

R. Judah says, they repeated again and again,

“But we unto the LORD;

To the LORD are our eyes.”[274]

5. In the sanctuary they did not blow the trumpet less than twenty-one times, nor oftener than forty-eight times. Every [pg 134] day they blew the trumpet twenty-one times, thrice at opening the gates, nine times at the daily offering of the morning, and nine times at the daily offering of the evening. When there were additional offerings they blew nine times more. On the eve of the Sabbath they again blew six times; thrice to interdict the people from work, and thrice to separate the holy from the ordinary day. But on the eve of the Sabbath during the feast they blew forty-eight times: thrice at the opening of the gates, thrice at the upper gate, thrice at the lower gate, thrice at the water-drawing, thrice over the altar, nine times at the daily offering of the morning, nine times at the daily offering of the evening, nine times at the additional offerings, thrice to interdict the people from work, and thrice to separate the holy from the ordinary day.

6. On the first day of the feast there were thirteen bullocks, two rams, and one goat. There then remained fourteen lambs for eight courses of priests.[275] On the first day six courses offered two lambs each, and the other (two) courses one lamb each. On the second day five courses offered two lambs each, and the remaining (four) courses one lamb each. On the third day four courses offered two lambs each, and the remaining six one lamb each. On the fourth day three courses offered two lambs each, and the remaining eight one lamb each. On the fifth day two courses offered two lambs each, and the remaining ten one lamb each. On the sixth day one course offered two lambs, and the remaining twelve one lamb each. On the seventh day they were all equal. On the eighth day they cast lots, as on other feasts. They said, “that the order which offered bullocks to-day, was not permitted to offer bullocks to-morrow.” But they changed in rotation.

7. Three times in the year all the courses shared alike in the offerings of the great feasts, and in the distribution of the showbread. In the Solemn Assembly[276] they say to each priest, “Here is unleavened bread for thee, and here is leavened for thee.” The course in regular succession offered the daily sacrifices, vows, and free-will offerings, and all the other sacrifices and services of the congregation. If a feast be next to [pg 135] the Sabbath, either before or after it, all the courses shared alike in the distribution of the showbread.

8. “But if a day intervene between the two?” “The course in regular succession took ten loaves, and the loiterers[277] took two.” At other times of the year, the course entering on duty took six loaves, and the course going off duty took six. R. Judah says, “the course entering took seven, and that going off took five.” Those entering shared them on the north side (of the temple court), and those going out on the south side. The course Bilgah always shared theirs on the south side. But their slaughter-ring was fastened down, and the window of their closet was shut up.[278]

The New Year

Four New Years—Judgments—New Moon—Witnesses—Evidence—Samaritans—Spreading the News—Beth Yangzek—Examining Witnesses—Rabban Gamaliel's Plan of the Phases of the Moon—Rabbi Joshua—Sanhedrin—Cornets and Trumpets—Intention—The Serpent of Brass—Jerusalem and Jamnia—Blessings—Texts of Scripture—How the Trumpets are to be Blown.

Chapter I

1. There are four new years. The first of Nisan[279] is a new year for kings and for festivals.[280] The first of Elul[281] is a new year for the tithing of cattle; but R. Eleazar and R. Simeon say, “it is on the first of Tishri.”[282] The first of Tishri is a new year for civil years, for years of release, and for jubilees, also for planting of trees[283] and herbs. The first of Sebat is a new year for (the tithing of) trees according to the school of Shammai, but the school of Hillel say, “on its fifteenth.”

2. The world is judged at four periods: at the passover, for the growth of corn; at Pentecost, for the fruit of trees; at new year's day, when all human beings pass before Him like lambs, as is said, “He fashioneth their hearts alike; He considereth all their works”;[284] and at the feast of tabernacles, judgment is given for the rains.

3. Messengers went forth (from Jerusalem) in six months: in Nisan for the passover; in Ab[285] for the fast; in Elul for the new year; in Tishri for the regulation of the feasts; in Kislev[286] for the dedication; in Adar[287] for the feast of lots; and also in Iyar[288] during the existence of the Temple for the little passover.

4. For two months[289] they may profane the Sabbath, for Nisan and for Tishri, because in them the messengers went forth to Syria, and in them they regulated the feasts. And during the existence of the Temple they might profane it in all the months for the regulation of the offerings.

5. If the moon[290] appeared high and clear, or did not appear high and clear, the witnesses may profane the Sabbath on account of it. R. José says, “if it appeared high and clear, they may not profane the Sabbath on account of it.”

6. It happened that more than forty pairs of witnesses were passing through, when R. Akivah detained them in Lydda. Rabban Gamaliel sent to him, “if thou thus detainest the people, it will be a stumbling-block in the future.”

7. When father and son have seen the new moon, they must go (before the Sanhedrin), not that they may be combined together, but in order that, should the evidence of either of them be disallowed, the other may be combined with another witness. R. Simeon says, “father, and son, and relatives in every degree, may be allowed as competent witnesses for the new moon.” R. José says, “it happened that Tobias, the physician, his son, and his freed slave, saw the new moon in Jerusalem, and the priests accepted his evidence, and that of his son, but disallowed his slave; but when they came before the Sanhedrin, they accepted him and his slave, but disallowed his son.”

8. These witnesses are disallowed—gamblers with dice, usurers,[291] pigeon-breeders,[292] traders in produce of the Sabbatical year, and slaves. This is the rule: all evidence that cannot be received from a woman cannot be received from any of these.

9. “He who has seen the new moon but cannot walk?” “They must bring him on an ass or even in a bed.” Those afraid of being waylaid may take sticks in their hands, and if they have a long way to go, they may take provisions. If [pg 138] they must be a day and a night on the road, they may profane the Sabbath in travelling to testify for the new moon; as is said, “These are the feasts of the LORD, which ye shall proclaim in their seasons.”[293]

Chapter II

1. If a witness were unknown, another was sent to testify to him. At first they received evidence of the new moon from anyone; but when the heretics[294] bribed (the witnesses), they ordained that evidence should only be received from those who were known.

2. At first high flames were lighted, but when the Samaritans mimicked them, it was ordained that messengers should be sent forth.

3. “How were these high flames lighted?” “They brought long staves of cedarwood, canes, and branches of the olive tree, and the tow of flax, which was tied with twine. And one went to the top of the mountain and lighted them, and waved the flame to and fro, up and down, till he could perceive his companion doing so on the second mountain, and so on the third mountain,” etc.

4. “And where were these high flames lighted?” “From the Mount of Olives to Sartaba; from Sartaba to Grophinah; from Grophinah to Hoveran; from Hoveran to Bethbaltin; there they did not cease to wave them to and fro, up and down, till the whole country of the captivity[295] looked like torches of fire.”

5. There was a large court in Jerusalem called Beth Yangzek,[296] there all the witnesses met, and there the Sanhedrin examined them. And they made great feasts for them, that they might come often. At first they did not stir from thence all day.[297] Rabban Gamaliel the elder ordained, that they might go 2,000 cubits on every side. And not only they, but the midwife going to a birth; and they who go to rescue from fire, or from enemies, or from inundation, or from fallen [pg 139] buildings. These are as inhabitants of the place, and they have 2,000 cubits on every side.

6. “How did they examine the witnesses?” “The first pair which came were examined first, and they brought in the eldest of them, and they said to him, ‘Tell us how you saw the moon—(her horns) toward the sun, or away from the sun? To the north, or to the south? What was her altitude? Toward where her declination? And what was her breath?’ If he said ‘toward the sun,’ he said nothing. Afterward they brought in the second and examined; if the evidence was found to agree, the evidence stood. The remaining pairs of witnesses were then superficially examined, not because there was necessity for their evidence, but not to discourage them, that they might be willing to come again.”

7. The chief of the Sanhedrin said, “(the feast) is sanctified”; and all the people answered after him, “Sanctified, sanctified.” Whether the new moon had been seen in its season, or not, they sanctified it. R. Eleazar, son of Zadok, said, “if it were not seen in its season, they did not sanctify it, for heaven had already sanctified it.”

8. Rabban Gamaliel had on a tablet and on the wall of his chamber figures and phases of the moon which he showed to ignorant witnesses, and said, “was it like this you saw her, or like that?” It happened once that two witnesses came, and said, “we saw the moon in the morning in the east, and in the evening in the west”; said R. Jochanan, son of Nourri, “they are false witnesses,” but when they came to Jamnia, Rabban Gamaliel received their evidence. Two other witnesses came, and said, “we saw the moon in her season, but on the next evening of the intercalary day she was invisible,” and R. Gamaliel received them. Said R. Dosah, son of Arkenaz, “they are false witnesses, for how can they testify of a woman being delivered, and on the morrow she is still pregnant?” To him said R. Joshua, “I approve thy words.”

9. Rabban Gamaliel sent to (R. Joshua), “I order thee to come to me with thy staff and money on the day of atonement, according to thy reckoning.”[298] R. Akivah went to (R. Joshua), and found him sorrowing. He said to him, “I can [pg 140] prove that all Rabban Gamaliel has done is well done, for it is said, ‘These are the feasts of the Lord, even holy convocations, which ye shall proclaim in their seasons,’[299] or out of their seasons; I have no other feasts but these.” R. Joshua came to R. Dose, son of Arkenaz. He said to him, “if we are to judge the tribunal of Rabban Gamaliel, we must also judge the tribunals which have existed from the days of Moses till now,” for it is said, “Then went up Moses and Aaron, Nadab and Abihu, and seventy of the elders of Israel.”[300] “And why were not the names of the elders mentioned, but to inform us that every three men in Israel who compose a tribunal, are as a tribunal of Moses?” R. Joshua took his staff and money in his hand, and went to Jamnia to Rabban Gamaliel on the day when the atonement began, according to his reckoning. Rabban Gamaliel stood up and kissed him on his head, saying to him, “come in peace, my master and disciple—my master in wisdom, my disciple in obeying my words.”

Chapter III

1. “The Sanhedrin and all Israel saw (the new moon); the witnesses were examined, but it became dark before they could say, ‘Sanctified’?” “The month is intercalary.” “The Sanhedrin alone saw it?” “Two members must stand up and testify before them, and they shall say, ‘Sanctified, sanctified.’ ” “Three composing a Sanhedrin saw it?” “Two of them must stand up, and their assessors must be seated with the single member, and before them they shall testify, and say, ‘Sanctified, sanctified,’ because an individual cannot be trusted by himself alone.”

2. All cornets are allowed, except (horns) of a heifer,[301] because it is (written) horn.[302] Said Rabbi José, “are not all cornets called horn? for it is said, ‘When they shall make a long (blast) with the ram's horn.’ ”[303]

3. The cornet of the New Year was a straight horn of a wild goat; and its mouthpiece was plated with gold. And the two trumpets[304] were stationed on each side. The cornet prolonged [pg 141] its note when the trumpets ceased, because the obligation of the day was for the cornet.

4. On fast days (there were) crooked rams' horns; and their mouthpieces were plated with silver. And the two trumpets were stationed in the midst. The cornet ceased, and the trumpets prolonged their notes, because the obligation of the day was for the trumpets.

5. The jubilee is like the New Year for the sounding and the blessings. R. Judah says, “on the New Year they sounded rams' horns; and on the jubilee wild goats' horns.”

6. A cornet, which was rent and cemented, is disallowed. One cemented from fragments of cornets is disallowed. “It had a hole, which was closed?” “If it hinder the sound, it is disallowed; but if not, it is allowed.”

7. “If one sound the cornet within a pit, a cistern, or in an earthenware vessel, and one (outside) hears the sound of the cornet?” “He is free.”[305] “But if he hear the echo of the sound?” “He is not free.” And so, if one be passing behind a synagogue, or his house adjoin the synagogue, and he hear the sound of the cornet, or the reading of the roll of Esther, he is legally free, provided he heard it with due attention; but if not, he is not legally free. Although one hears as well as another, yet one hears with hearty intention, and another without hearty intention.

8. “And it came to pass, when Moses held up his hand that Israel prevailed,”[306] etc. And how could the hands of Moses make the battle, or crush the battle? But it is written to tell thee that while Israel looked to Heaven for aid, and subjected their hearts to their heavenly Father, they prevailed; and when they did not do so, they were defeated. Like as He says, “Make thee a fiery serpent, and set it upon a pole, and it shall come to pass that everyone that is bitten, when he looketh upon it, shall live.”[307] And how could the serpent kill, or make alive? But when the Israelites looked to Heaven for aid, and subjected their hearts to their heavenly Father, they were healed; and when they did not do so, they perished. One deaf and dumb, or an idiot, or a child, cannot, as proxies, free others from their obligations. This is the [pg 142] rule: all who are not responsible for a thing, cannot free others from their obligations.

Chapter IV

1. When the feast of New Year happened on the Sabbath, they used to sound the cornet in the Sanctuary; but not in the provinces. After the destruction of the Sanctuary, R. Jochanan, son of Zacai, decreed that they should sound it in every place in which there is a tribunal of justice. R. Eleazar says, “R. Jochanan, son of Zacai, decreed it only for Jamnia.” But the Sages said to him, “it was all one for Jamnia, and all one for every place in which there is a tribunal of justice.”

2. And again,[308] Jerusalem was privileged above Jamnia, because every city which could be seen, and the sounding heard, and which was near, and to which it was allowed to go, might sound the cornet; but in Jamnia they could only sound it before the tribunal of justice.

3. At first the palm-branch was taken seven days in the Sanctuary, and one day in the provinces. After the destruction of the Temple, R. Jochanan, son of Zacai, decreed, “that the palm-branch should be taken in the provinces for seven days, to commemorate the Sanctuary”; also “that the whole day of the waving[309] it should be forbidden (to eat new corn).”

4. At first they received evidence of the new moon during the whole (thirtieth) day; but once the witnesses delayed coming, and the Levites erred in the chant. They decreed, that they should receive evidence only till the time of the evening sacrifice; and if witnesses came after the evening sacrifice, that and the next day were kept holy. After the destruction of the Sanctuary Rabban Jochanan, son of Zacai, decreed, “that they should receive evidence of the new moon during the whole day.” R. Joshua, son of Korcha, says, “and again Rabban Jochanan, son of Zacai, decreed that wherever the chief of the Sanhedrin might be, the witnesses need only go to the place of its meeting.”

5. The order of blessings to be said on the New Year is, “The Fathers,”[310] and “The Mighty,” and “Sanctification of the Name,” and there are comprehended the “Kingdoms” without blowing the trumpet; “The Holiness of the Day,” and he blows; “The Remembrances,” and he blows; “The Trumpets,” and he blows. And he says, “The Service,” “The Confession,” and “Blessing of the Priests.” The words of R. Jochanan, son of Nourri. Said R. Akivah to him, “if the trumpet be not blown after ‘The Kingdoms,’ why are they mentioned?” But the order is, “The Fathers,” and “The Mighty,” and “Sanctification of the Name,” and there are comprehended “The Kingdoms,” with sanctification of the Day, and he blows; “The Remembrances,” and he blows; “The Trumpets,” and he blows. And he says, “The Service,” “The Confession,” and “Blessing of the Priests.”

6. They cannot read less than ten (texts of Scripture) relating to “The Kingdom,” ten relating to “Remembrances,” and ten to “Trumpets.”[311] R. Jochanan, son of Nourri, says, “if three be read from all of them, the duty is fulfilled, but they mention not the remembrance of the kingdom, and trumpet of vengeance.[312] They must begin with the Law and end with the Prophets.” R. José says, “if they end with the Law, the duty is fulfilled.”

7. (The minister of the congregation) must go over to the reading-desk on the feast of the New Year. The second minister must blow the trumpet. But at the hour for the hymn the first must read the hymn.

8. For sounding the trumpet of the New Year they may not transgress the Sabbatical limit, they may not remove for it a heap of stones, they may not climb a tree, and they may not ride a beast, or swim over water. Nor may they cut it[313] with anything that violates the Sabbatical rest, or violates a negative command. But if one wish he may pour into it water or wine.[314] They may not prevent children from blowing, but they may practise in teaching them. But he who practises [pg 144] blowing is not freed from his obligation, and he who listens to the practice is not freed from his obligation.

9. The order of blowing the trumpet is, three blasts blown thrice. The measure of the blast is as six alarms. The measure of the alarm is as three shrieks. If one blew the first and prolonged the blast for the second to be as two, it reckons but as one. He who has said the blessings, and afterward a trumpet is given to him, must blow a blast, an alarm, and a blast three times. As the minister of the congregation is bound, so is each individual bound. R. Gamaliel says, “the minister of the congregation releases the public from their obligations.”

On Fasting

When Rain is to be Prayed for—Proclamations for Fasting—Ceremonial of Fasting—Prayers—Blowing of Trumpets—R. Gamaliel and R. Meier—Sign of Famine—Partial Rain—Pestilence—Story of Hone Hammeagal—Lifting Up of Hands—Deputies—Bringing Wood—Five Things Happened in Tammuz and Five in Ab—Mortifications—Rejoicings.

Chapter I

1. “When do we remember in prayer the heavy rain?” Rabbi Eleazar said, “from the first holiday of the feast (of tabernacles),” Rabbi Joshua said, “from the last holiday of the feast.” To him said Rabbi Joshua, “when the rain is no mark of blessing in the feast, why should one remember it?” Said Rabbi Eleazar to him, “even I did not say to ask for it, but to remember the blowing of the wind, and the descent of the rain in its season.” He replied to him, “if so, one can remember it always.”

2. We ask for rain only near to the season of rains. Rabbi Judah said,[315] “he who passes last before the ark on the last holiday of the feast of tabernacles remembers it; the first does not remember it. On the first holiday of the passover the first remembers it, the last does not remember it.” How long do we ask for rain? Rabbi Judah said, “till the passover be ended.” Rabbi Meier said, “till Nisan depart,[316] as is said,[317] ‘And He will cause to come down for you the rain, the former rain, and the latter rain in the first month.’ ”

3. On the third day of Marchesvan[318] we ask for the rain. Rabban Gamaliel said, “on the seventh, fifteen days after the feast, that the last Israelite returning home from the feast may reach the river Euphrates.”

4. “If the seventeenth day of Marchesvan arrive, and the [pg 146] rain does not come down?” “Men of eminence begin to fast for three days. They may eat and drink by night. And they may work, and wash, and anoint themselves, and put on their sandals, and use their couches.”

5. “If the first day of the month Chislev[319] arrive, and the rain does not come down?” “The tribunal proclaims three fast-days[320] for the congregation. Persons may, however, eat and drink by night. And they may work, and wash, and anoint themselves, and put on their sandals, and use their couches.”

6. “If these days pass over, and there be no answer?” “The tribunal proclaims three other fast-days for the congregation. Persons may, however, eat and drink while it is still day. But they are forbidden work, and washing, and anointing, and putting on sandals, and the use of the couch. And the baths are locked up.” “If these days pass over, and there be no answer?” “The tribunal proclaims for them seven more; these are altogether thirteen fast-days for the congregation.” “And what are these fast-days more than the first six?” “Because during them men blow with the trumpets and lock up their shops.” On Monday they can half open them at dark. But on Thursday they may open them for honor to the approaching Sabbath.

7. “If these days pass over, and there be no answer?” “People diminish business, building, planting, betrothals and marriages, and salutations of peace between man and his friend, as children of men ashamed before OMNIPRESENCE.” The men of eminence have again recourse to fasting, till Nisan be ended. If Nisan be ended, and the rain comes down, it is a mark of cursing, as is said,[321] “Is it not wheat harvest to-day?” etc.

Chapter II

1. “What is the order of the fast-days?” “Men draw out the ark containing the rolls of the Law to the public street of the city, and they put burnt ashes on the top of the ark, and on the head of the prince, and on the head of the president [pg 147] of the tribunal, and everyone takes and puts ashes on his own head.” The most aged of them says before them touching words, “Brethren, it is not said for the men of Nineveh, ‘And God saw their sackcloth and their fasting,’[322] but ‘God saw their works, that they returned from their evil way.’ And in the tradition (of the prophet) he says,[323] ‘Rend your hearts and not your garments, and turn unto the Lord your God.’ ”

2. When they stood in prayer, they placed before the ark an aged man and full of experience, one who had children and an unblemished house, that his heart be not distracted in prayer, and he says before them twenty-four blessings, the usual eighteen for every day, and he adds to them six more.

3. These are they, “remembrances,”[324] and “blowing of the trumpets,”[325] “In my distress I cried unto the Lord, and He heard me,”[326] “I will lift up my eyes unto the hills,”[327] “out of the depths have I cried unto Thee, O Lord,”[328] “A prayer of the afflicted when he is overwhelmed.”[329] Rabbi Judah says, “it was not necessary to say the ‘remembrances,’ and ‘the trumpets,’ but he said instead of them, ‘If there be in the land famine, if there be pestilence,’ ”[330] etc. “The word of the Lord that came to Jeremiah concerning the dearth.”[331] And he said their closing benediction.

4. For the first additional prayer he said, “He who answered Abraham our father on Mount Moriah, He shall answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, the Redeemer of Israel.” For the second he said, “He who answered our fathers by the Red Sea, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who rememberest those forgotten by man.” For the third he said, “He who answered Joshua in Gilgal, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who hearest the blowing of the trumpet.” For the fourth he said, “He who answered Samuel in Mizpah, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who hearest the cry of distress.” For the fifth he said, “He who answered Elijah on [pg 148] Mount Carmel, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who hearest prayer.” For the sixth he said, “He who answered Jonah from the fish's belly, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who art ever answering prayer in the time of need.” For the seventh he said, “He who answered David and Solomon his son in Jerusalem, He will answer you, and will hear the voice of your cry this day. Blessed be Thou, Lord, who hast pity on the earth.”

5. It happened in the days of Rabbi Chelpatha and R. Chanania, son of Teradion, that a minister passed before the ark, and finished the whole blessing, and the congregation did not answer after him, Amen. One cried out, “Let the priests blow the trumpets”; they blew. (The minister prayed,) “May He who answered Abraham our Father on Mount Moriah answer you, and hear the voice of your cry this day.” (One cried out,) “Let the sons of Aaron blow an alarm”; they blew an alarm. (The minister prayed,) “May He who answered our fathers by the Red Sea, answer you, and hear the voice of your cry this day.” And when the matter came before the Sages they said it was not customary to do so, save in the Eastern gate and on the Mountain of the House.

6. These are the first three fasts. The priests of the weekly Watch of the Temple fasted, but not completely. And the priests of their “Father's House”[332] did not fast at all. In the second three fasts the men of the Watch fasted completely. And the men of their “Father's House” fasted, but not completely. “In the seven last fasts both of them fasted completely.” The words of Rabbi Joshua. But the Sages say, “in the three first fasts neither one nor other fasted at all. In the second three fasts the priests of the Watch fasted, but not completely. And the priests of their ‘Father's House’ did not fast at all. In the seven last fasts the priests of the Watch fasted completely, and the priests of their ‘Father's House’ fasted, but not completely.”

7. The men of the Watch are allowed to drink wine by night, but not by day, and the men who inherit the patrimony of their fathers[333] may not drink it neither by day nor night. The men of the Watch and the Delegates[334] are not allowed to shave, nor wash, except on Thursdays for the honor of the approaching Sabbath.

8. That which is written in “The Roll of Fasting,”[335] “not to mourn” on certain days—the day before them it is not allowed—the day after them it is allowed to mourn. Rabbi José said, “both before and after the day it is not allowed.” But when it is written, “not to fast,” both the day before and the day after the fast, it is allowed to fast. Rabbi José said, “before the fast it is not allowed—after the fast it is allowed.”

9. The rulers must not proclaim fasts for the congregation to begin on Thursday, so as not to raise the market. But the three first fasts are Monday, Thursday, and Monday. And the three second, Thursday, Monday, and Thursday. Rabbi José said, “as the first fasts are not to begin on Thursday, so likewise the second and the last are not to begin on that day.”

10. “The rulers must not proclaim fasting for the congregation on the feast of New Moon, and on the feasts of Dedication, and Purim; but if they have already begun, they need not cease.” The words of Rabbi Gamaliel. Said R. Meier, “even though Rabbi Gamaliel said they need not cease, he admits that the congregation do not fast the whole day; and so also on the ninth of Ab, the fast for the burning of the Temple, if it happen on the eve of the Sabbath.”

Chapter III

1. The order of these fasts is said only for the first rains. But if the sprouts wither, men blow an alarm off-hand. And if the rains cease between rain and rain forty days, men blow an alarm off-hand. Because it is a sign of famine.

2. If the rains came down for the sprouts, but did not come down for the trees, for the trees, but not for the sprouts, for [pg 150] both these, but not for the wells, pits, and caves, men must blow an alarm for them off-hand.

3. And so also for the city, on which the rain did not come down, as is written,[336] “And I caused it to rain upon one city, and caused it not to rain upon another city; one piece was rained upon, and the piece whereupon it rained not withered.”

This city fasts and blows an alarm, and all its neighboring cities fast, but do not blow alarms. R. Akiba said, “they blow alarms, but do not fast.”

4. And so for a city, in which there is pestilence, or falling of buildings, that city fasts and blows an alarm, and all the neighboring cities fast, but do not blow an alarm. Rabbi Akiba said, “they blow alarms, but do not fast.” “What is pestilence?” “A city containing 500 men, and there go forth from it three dead in three days, one after the other; this is pestilence, less than this is not pestilence.”

5. For these things men blow an alarm in every place—for the blasting and for the blighting, for the locust and for the caterpillar, and for the evil beast, and for the sword, they blow an alarm over them, because it is a spreading wound.

6. It happened that the elders went down from Jerusalem to their cities, and proclaimed fasting, because the blasting appeared, as much as would fill an oven, in Askelon. And again they proclaimed a fast, because the wolves devoured two children beyond Jordan: Rabbi José said, “not because they devoured them, but because the wolves were seen.”

7. For these things men blow an alarm on the Sabbath—for a city, encompassed by Gentiles, or by a flood, and for a ship tossed in the sea. Rabbi José said, “for help, but not for a cry of distress.” Simon the Temanite said, “also for pestilence,” but the Sages did not admit it.

8. For all distress—may it not come on the congregation—men sound an alarm, except for too much rain. It happened that they said to Honé Hammeagal, “pray that the rain come down”: he said to them, “go and bring in the passover ovens, that they be not dissolved.” He prayed, but the rain did not come down—What did he do? He dug a hole and stood in it, and said before HIM, “Our Lord of the world, thy sons have turned toward me, because I am a [pg 151] son of the House in Thy Presence. I am sworn in Thy great Name, that I move not from hence, till Thou have pity on Thy children.” The rain began to drop; he said, “I did not ask it thus, but rains for wells, pits, and caves.” The rain began to descend with storm. He said, “I did not ask it thus, but reasonable rain, with blessing and free-will.” The showers came down as they ought, until all Israel went up from Jerusalem to the Mount of Olives on account of the rains. They came and said to him, “as thou hast prayed that the rains should come down, so pray that they may depart.” He said to them, “go and see if the Stone of Proclamation[337] be covered.” Simon the son of Shatach sent to him word, “if thou wert not Honé, I would excommunicate thee; but what shall I do to thee, since thou prayest before OMNIPRESENCE, and He does thy will, as a son who plays upon his father, and he does his will? and for thee the Scripture says, ‘Thy father and thy mother shall be glad, and she that bare thee shall rejoice.’ ”[338]

9. “If men were fasting and the rains came down for them before the sun rose?” “They need not complete the day.” “If the rains came down after sunrise?” “They must complete it.” R. Eliezer said, “before noon they need not complete it, if after noon they must complete it.” It happened, that the rulers proclaimed a fast in Lydda, and the rains came down in the forenoon. Said R. Tarphon, “go and eat, and drink, and make holiday.” They went and ate and drank, and made holiday, and they came in the evening and read the great Thanksgiving.[339]

Chapter IV

1. Three times in the year the priests elevate their hands to bless the people, four times a day—in the morning prayer, in the following prayer, in the evening prayer, and at the locking of the gates. These times are the fast days, on the fasts of the deputies, and on the day of atonement.

2. These are the Delegates, according as is said, “Command the children of Israel, and say unto them, My offering and [pg 152] my bread for my sacrifices made by fire.”[340] And how is it possible, that the offering of a man should be sacrificed, and he does not stand by it? Therefore, the former prophets decreed four-and-twenty Watches. For every Watch there were Delegates in Jerusalem of priests, Levites, and Israelites. When the time approached (for them) to go up, the priests and Levites went up to Jerusalem, and the Israelites, who belonged to the Watch, gathered in their cities and read in the history of Genesis.

3. And the Delegates used to fast four days in the week, from the second day till the fifth. But they did not fast on the eve of the Sabbath, for honor to the Sabbath. Nor on the first day, that they should not go forth from repose and enjoyment, to toil, and fasting, and death. On the first day they read in Genesis,[341] “and let there be a firmament.” On the second, “let there be a firmament and let the waters be gathered together.” On the third day, “let the waters be gathered together, and let there be lights.” On the fourth, “let there be lights, and let the waters bring forth abundantly.” On the fifth, “let the waters bring forth abundantly,” and “let the earth bring forth.” On the sixth, “let the earth bring forth,” and “the heavens were finished.” Two men read a large portion, but a small portion was read by one. At morning prayer, at the following prayer, at the evening prayer, they went in and read orally (by heart), as they read the “Hear,”[342] etc. On the eve of the Sabbath they did not go in to evening prayer for honor to the Sabbath.

4. Every day when there is praise, the Delegates are not at morning prayer. When there is the additional offering at the following prayer, there is not the closing prayer at the locking up of the gates. “When there is the offering of the wood, there is not the evening prayer.” The words of Rabbi Akiba. The son of Azai said to him, R. Joshua thus taught it: “when there was an additional offering, the Delegates did not come to evening prayer; when there was the offering of the wood, they did not come to prayer at the locking up of the gates.” R. Akiba changed his opinion, and taught as the son of Azai.

5. The times of bringing wood for the altar by priests and [pg 153] people were nine. On the first of Nisan,[343] the children of Arach, son of Judah, brought it. On the twentieth of Tammuz,[344] the children of David, the son of Judah, brought it. On the fifth of Ab,[345] the children of Parhush, the son of Judah, brought it. On the seventh, the children of Jonadab, the son of Rechab, brought it. On the tenth, the children of Sinah, the son of Benjamin, brought it. On the fifteenth, the children of Zathva, the son of Judah, brought it, and with them the priests and Levites and all who were ignorant of their tribe. And the children of Gonebi Eli[346] and the children of Kozhi Kezihoth. On the twentieth, the children of Pachath Moab, the son of Judah, brought it. On the twentieth of Elul,[347] the children of Adin, the son of Judah, brought it. On the first of Tebeth, the children of Parush returned the second time. On the first of Tebeth,[348] there was no meeting of the Delegates, as there was on it “The Praise,” and the additional offering at the following prayer, and the offering of the wood.

6. Five things happened to our fathers on the seventeenth of Tammuz, and five on the ninth of Ab. On the seventeenth of Tammuz the stone tables were broken, and the daily offering ceased, and the city was broken up, and Apostemus[349] burnt the law, and he set up an image in the Temple. On the ninth of Ab it was proclaimed to our fathers, that they should not enter the land, and the House was ruined for the first and second time, and Bither was taken, and the city was ploughed up. On entering Ab we must diminish joy.

7. The week in which the ninth of Ab comes, men are not allowed to clip their hair, or wash their clothes; but on Thursday they are allowed, for honor to the Sabbath. On the eve of the ninth of Ab one must not eat from two dishes, must not eat flesh, and must not drink wine. Rabban Simon, the son of Gamaliel, said, “one must change the style of living.” R. Judah “enjoined to turn over the beds,” but the Sages did not approve him.

8. Said Rabban Simon, the son of Gamaliel, “there were no holidays in Israel like the fifteenth of Ab, or like the day of [pg 154] atonement. Because in them the daughters of Jerusalem promenaded in white garments borrowed, that no one might be ashamed of her poverty. All these garments must be baptized. And the daughters of Jerusalem promenaded and danced in the vineyards. And what did they say? ‘Look here, young man, and see whom you choose; look not for beauty, look for family;’ ‘Favor is deceitful, and beauty is vain, but a woman that feareth the Lord, she shall be praised;’ and it is said, ‘Give her of the fruit of her hands, and let her own works praise her in the gates,’[350] and also it is said, ‘Go forth, O ye daughters of Zion, and behold King Solomon with the crown, wherewith his mother crowned him in the day of his espousals, and in the day of the gladness of his heart.’[351] The day of his espousals, this is the gift of the Law; and in the day of the gladness of his heart, this is the building of the Sanctuary, and may it be speedily built in our days. Amen.”

The Feast-Offering[352]

What is a Child?—Offerings—Crooked and Straight—Remission of Vows—Persons Unsuitable for the World—Laying on of Hands—Baptisms—Defilements—Purity—Vessels of the Sanctuary.

Chapter I

1. All are bound to appear in the Temple, except the deaf, an idiot, and a child, and a eunuch, and women, and slaves who are not free, and the lame, and the blind, and the sick, and the aged, and the man who cannot go afoot. “What is a child?” “Everyone who cannot ride on the shoulder of his father, and go up from Jerusalem to the Mountain of the House.” The words of the school of Shammai. But the school of Hillel say, “everyone who cannot grasp his father's hand, and go up from Jerusalem to the Mountain of the House,” as is said, “three times.”[353]

2. The school of Shammai say, “the appearance in the Temple is with two pieces of silver, and the peace-offering with a meah of silver.”[354] But the school of Hillel say, “the appearance is with a meah of silver, and the feast-offering with two pieces of silver.”

3. The burnt-offerings of the appointed feasts come from ordinary money; but the peace-offering from tithes. “The offerings on the first holiday of the passover?”[355] The school of Shammai say, “from ordinary money,” but the school of Hillel say, “from tithes.”

4. Israelites discharge their duty with vows, with free-will offerings, and with tithes of animals; and priests with sin-offerings, with trespass-offerings, and with the breast and shoulder, and first-born, but not with fowls, nor with meat-offerings.

5. “If one have a large family and small income?” “He must bring more peace-offerings, and less burnt-offerings.” “If a small family and large income?” “He must bring more burnt-offerings, and less peace-offerings.” “If both be small?” “Of this they say, a silver meah, and two pieces of silver are sufficient.” “If both be large?” “Of this it is said, every man shall give as he is able according to the blessing of the Lord thy God which He hath given thee.”[356]

6. When one did not bring his peace-offering on the first holiday of the feast, he may bring it during the holidays, and even on the last day of the feast. “If the feast passed over, and he did not bring the peace-offering?” “He is not obliged to bring it.” For this it is said, “that which is crooked cannot be made straight, and that which is wanting cannot be numbered.”[357]

7. Rabbi Simon, the son of Menasia, said, “if thou shalt say, a thief or a robber, he may return and become straight.” R. Simon, the son of Jochai, said, “we do not call one crooked, save one straight at first, and he became afterward crooked; and this is the disciple of the wise, who departs from the Law.”

8. The remission of vows is like flying in the air, and it has no foundation. The decisions for the Sabbath, peace-offerings, and trespasses, are as mountains hanging on a hair; because the verse is small, but the decisions are many. Jurisprudence, and the Temple service, cleanness and uncleanness, and illegal connections, have their own foundations; they, they are the body of the law.

Chapter II

1. Men may not discourse on illegal connections with three,[358] nor on the work of creation with two,[359] nor on the cherubs with one,[360] save when one is wise, and comprehends it of his own knowledge. Everyone who considers four things, it were suitable for him that he did not come into the world. What is in the height? what is in the depth? what is before? and what is behind? And everyone who is not anxious for the honor of his Creator, it were suitable for him that he did not come into the world.

2. José, the son of Joezar, said that “one is not to lay his hand on the offering.” José, the son of Jochanan, said, “he is to lay his hand on the offering.” Joshua, the son of Perachia, said, that he “is not to lay on his hand.” Nittai, the Arbelite, said, “he is to lay on his hand.” Judah, the son of Tabai, said, that “he is not to lay on his hand.” Simon, the son of Shatach, said, “he is to lay on his hand.” Shemaiah, said, “he is to lay on his hand.” Abtalion said, “he is not to lay on his hand.” Hillel and Menachem did not dispute. Menachem went out and Shammai entered. Shammai said, “he is not to lay on his hand.” Hillel said, “he is to lay on his hand.”[361] The first were Princes, and the second were Presidents of the Tribunal.

3. The school of Shammai said, “men may bring peace-offerings during the feast, but they are not to lay their hands on them, and they are not to bring burnt-offerings.” But the house of Hillel say, “they may bring peace-offerings, and burnt-offerings, and lay their hands on them.”

4. “When Pentecost happens to be on the eve of the Sabbath?” The school of Shammai say, “the day of slaughtering the offering is after the Sabbath.” But the school of Hillel say, “there is no day of slaughtering after the Sabbath.”

But they both acknowledge that if it happened to be on the Sabbath, the day of slaughter is after the Sabbath. And the high priest must not robe in his vestments, though they are allowed in seasons of mourning and fasting, for fear of confirming the words of those who say that “Pentecost is after the Sabbath.”[362]

5. Men must wash their hands for ordinary eating, but for tithes and for the heave-offering they must be baptized. And for the sin-offering, if the hands be unclean, the body is unclean.

6. He who baptized himself for ordinary eating, and indicated it to be for ordinary eating, he is prohibited from (eating) the tithe. “If he baptized for the tithe, and indicated it to be for the tithe?” “He is prohibited from eating heave-offerings.” “If he baptized for heave-offerings, and indicated [pg 158] it to be for heave-offerings?” “He is prohibited from eating the holy flesh.” “If he baptized for the holy flesh, and indicated it to be for the holy flesh?” “He is prohibited from the sin-offering.” “If he baptized for the weighty?” “He is permitted the light.” “If he baptized, and did not indicate his intention?” “It is as no baptism.”

7. Treading on the garments of an ordinary man defiled the Pharisees. Treading on the garments of the Pharisees defiled those who eat the heave-offering. Treading on the garments of those who eat the heave-offering defiled for the holy flesh. Treading on the garments of those who eat the holy flesh defiles for the sin-offering. Joseph, the son of Joezer, was the most pious of the priesthood, and treading on his cloak defiled for the holy flesh. Jochanan, the son of Gudgada, used to eat with the purification for the holy flesh all his life; and treading on his cloak defiled for the sin-offering.

Chapter III

1. There are more weighty rules for holy things, than for the heave-offering. Because vessels may be baptized in vessels for the heave-offering, but not for holy things. The outside and inside and handle (are reckoned separately) for the heave-offering, but not for holy things. He who carries that which defiles by treading upon it, may carry the heave-offering but not the holy flesh. Treading on the garments of those who eat the heave-offering defiles for the holy flesh. The measure of the holy flesh is not as the measure of the heave-offering. Because for the holy flesh one must loose his garments and dry himself, and baptize and afterward bind them up. But in the heave-offering he can bind them up and afterward baptize himself.

2. Vessels completed in purity must be baptized for holy things, but not for the heave-offering. A vessel unites whatever is inside to holy things, but not to the heave-offering. The fourth degree of legal uncleanness[363] is disallowed in holy things, and the third degree in the heave-offering. In the [pg 159] heave-offering, if one of the hands be unclean, its fellow may be clean, but in holy things one must baptize both hands; because each renders its fellow unclean for holy things, but not for the heave-offering.

3. Men may eat with unwashen hands the dry meat of the heave-offering, but not the holy flesh. The first day mourner, and he who failed in atonement, have need of baptism for the holy flesh, but not for the heave-offering.

4. There are weighty rules for the heave-offering, because in Judah men are credited with the purity of wine and oil during the whole year. And in the time of wine-pressing and oil-pressing (men are credited) even for the heave-offering. When the time for wine and oil pressing has passed over, and a barrel of wine is brought for the heave-offering, it must not be received. But one may let it stand over for the wine-pressing next year. But if one said, “I put into it a quarter log of holy wine,” it is credited. “Jugs of wine and jugs of oil which are mixed?” They are credited in the time of wine-pressing and oil-pressing, and seventy days before that time.

5. From Modiyith[364] and inward,[365] men are credited for the purity of earthen vessels. From Modiyith and outward they are not credited. “How?” “The potter, when he is selling pots, comes inward from Modiyith.” One says, “this is the potter,” and “these the pots,” and “these the purchasers,” “it is credited.” “When he went outward?” “It is not credited.”

6. The tax-gatherers when they enter the house, and also the tax-gatherers when they restore the vessels, are credited in saying, “we did not touch them.” And in Jerusalem they are credited in holy things (that they did not defile them), and at the time of the feast they are credited even in the heave-offering.

7. “He who opened his barrel of wine,[366] and commenced with his dough for the use of the feast?” R. Judah said, “he may finish it” (after the feast). But the Sages say, “he must not finish it.” When the feast was over, the priests looked round for the purity of the Temple court. If the feast ended [pg 160] on Friday, they did not look round for honor to the approaching Sabbath. R. Judah said, “even they did not look round on Thursday, because the priests are not then idle.”

8. “How did they look round for the purity of the court?” “The priests baptized the vessels, which were in the Sanctuary, and used to say to the people, ‘Watch and do not touch the table and the candlestick, lest you render them unclean.’ ” All the vessels in the Sanctuary were double and treble, because if the first became unclean, they could bring duplicates instead of them. “All the vessels which were in the Sanctuary required baptism[367] except the golden altar, and the brazen altar, because they are as earth.” The words of R. Eliezer. But the Sages say, “because they were overlaid.”

The Sanhedrin

Judges—Judgments—The Tribunal of Seventy-one—The Great Sanhedrin—The Small Sanhedrin—High Priest—Funerals—King—Royal Wives—Book of the Law—Objections to Judges—Relations—Examination of Witnesses—Evidence—Judgments in Money and Judgments in Souls—Form of the Sanhedrin—Appointment of Judges—Intimidation of Witnesses—Investigation—Acquittal or Condemnation—Stoning—Hanging—Burning—Beheading —Strangling—Blasphemy—Idolatry—Enticing—Sorcery—A Son Stubborn and Rebellious—Burglary—Murder—Theft—Those Who Have No Portion in the World to Come—The Rebellious Elder—The False Prophet—The False Witness.

Chapter I

1. “Judgments for money (require) three (judges). Robbery and beating (require) three. Damages or half damages, double payments and payments four or five fold (require) three.” “Constraint, and enticement, and slander (require) three.” The words of R. Meier. But the Sages say, “slander (requires) twenty-three judges, because there exist in it judgments of souls.”

2. Stripes (require) three judges. In the name of Rabbi Ishmael, the Sages say, “twenty-three.” “The intercalary month[368] requires three. The intercalary year requires three.” The words of Rabbi Meier. Rabban Simon, the son of Gamaliel, said, “with three judges they begin, and with five they discuss, and they conclude with seven; and if they concluded with three it is intercalated.”

3. “The appointment of elders, and striking off the heifer's neck[369] (require) three.” The words of Rabbi Simon. But Rabbi Judah said, “five.” The loosing off the shoe,[370] and dissatisfaction in marriage (require) three. The produce[371] of the fourth year,[372] the second tithes, of which the value is unknown (require) three. The valuation of holy things (requires) three. The estimation of movable things requires three. R. Judah said, “one of them must be a priest.” Immovable things require nine judges and a priest; and the valuation of a man (slave) is similar.

4. Judgments of souls (require) twenty-three judges. Bestiality (requires) twenty-three, as is said, “and thou shalt slay the woman and the beast,” and it is also said, “the beast thou shalt slay.” An ox to be stoned (requires) twenty-three judges; as is said, “The ox shall be stoned, and his owner also shall be put to death,”[373] as is the death of the owner, so is the death of the ox. The wolf, and the lion, and the bear, and the leopard, and the panther, and the serpent, are to be put to death with twenty-three judges. R. Eliezer said, “everyone who first killed them has gained honor.” R. Akiba said, “they are to be put to death after a judgment with twenty-three (judges).”

5. A tribe must not be judged, nor a false prophet, nor a high priest, save before the tribunal of seventy-one. And soldiers must not go forth to lawful warfare, save by a decree of the tribunal of seventy-one. Men must not add to the city or to the temple courts, save by a decision of the tribunal of seventy-one. They must not appoint judges to the tribes, save by a decision of the tribunal of seventy-one. A city must not be excluded, save by the tribunal of seventy-one. And the tribunal must not exclude a city on the border, nor exclude three cities, but only one or two.

6. The Great Sanhedrin consisted of seventy-one members, and the small one of twenty-three. And whence know we that the great one contained seventy-one? as is said, “Gather unto me seventy men of the elders of Israel”,[374] and Moses over them. There are seventy-one. R. Judah said “seventy.” And whence know we that the small one consisted of twenty-three? [pg 163] as is said, “Then the congregation shall judge”;[375] “and the congregation shall deliver.” A congregation to judge, and a congregation to deliver, there is twenty. And whence know we that a congregation required ten? as is said, “How long shall I bear with this evil congregation?”[376] Joshua and Caleb were excepted. “And whence know we to produce the other three?” From the meaning, as is said, “Thou shalt not follow a multitude to do evil.”[377] I am hearing that “I shall be with them for good.” If so, why is it said, “to decline after many to wrest judgment”?[378] “Because thy inclinations to good do not equal thy inclinations to evil. Thy inclinations to good are by the report of one. Thy inclinations to evil are by the report of two. And a tribunal must not be balanced. Another must be added. There are twenty-three.” “And how populous must be the city suited for judges?” “One hundred and twenty.” R. Nehemiah said “230 to represent twenty-three overseers of tens.”

Chapter II

1. The high-priest may judge, and be judged.[379] He may bear witness, and witness may be borne against him. He may have his shoe loosed, and the shoe may be loosed for his wife.[380] His brother may take his wife, but he must not take his brother's wife, because he is prevented from marrying a widow. If there happened a death in his family, he must not go immediately behind the bier. “But when the (mourners) are concealed (in a street), then he is discovered (to the public). They are discovered to the public, and he is concealed in a street. And he may go with them to the entrance gate of the city.” The words of R. Meier. R. Judah said, “he must not depart from the sanctuary”; as is said, “neither shall he go out of the sanctuary.”[381] And when he comforts others, the fashion of all the people is to pass one after the other, and the deputy priest puts him in the middle between himself and the people. [pg 164] But when he is comforted by others, all the people say to him, “we are thy atonement.” And he says to them, “you shall be blessed from heaven.” And at the first meal[382] after a funeral, all the people recline on the ground, and he sits on a stool.

2. The king neither judges, nor is he judged. He neither bears witness, nor is witness borne against him. He does not unloose the shoe, and the shoe is not unloosed for his wife. He does not marry his brother's wife, nor is his wife married by his brother. R. Judah said, “if he pleased he may unloose the shoe, or marry his brother's wife. He is remembered in prayer for good.” The Sages said to him, “we do not hear him (the king) (for unloosing the shoe) and his widow must not marry.” R. Judah said, “the king may marry the widow of a king, as we find with David that he married the widow of Saul”; as is said, “And I gave thee thy master's house, and thy master's wives into thy bosom.”[383]

3. If there happened a death in his family, he goes not out from the entrance of his palace. R. Judah said, “if he pleases to go after the bier he may go, as we find in David that he went after the bier of Abner”; as is said, “And King David himself followed the bier.”[384] The Sages said to him, “this only happened to pacify the people.” And at the first meal after a funeral, all the people recline on the ground, and he sits on a sofa.

4. And he may go forth to lawful warfare by order of the supreme court of seventy-one, and he may break down a road for himself, and none can prevent him. The road of a king is without measure, and all the people plunder and lay it before him. And he takes part first. He must not multiply wives beyond eighteen. R. Judah said, “he may multiply wives for himself so long as they do not turn away his heart.” R. Simon said, “even if one turn away his heart, he should not marry her.” If so, wherefore is it said, “he must not multiply for himself wives, even though they be as Abigail”? He must not multiply horses, except sufficient for his own riding. And silver and gold he must not multiply much, only sufficient to pay his own expenses. And he must write a book of the law for himself. When he goes out to war, he must bring it with him. When he returns, he must bring it with him. If he sit [pg 165] in judgment it is with him. When he is seated it is before him, as is said, “And it shall be with him, and he shall read therein all the days of his life.”[385]

5. None may ride on his horse, and none may sit on his chair, and none may use his sceptre, and none may see him shaving, either when he is naked, or in the bath, as is said, “Thou shalt in any wise set him king over thee,”[386] that his dread be upon thee.

Chapter III

1. “Judgments in money matters (require) three judges. This party chooses for himself one, and the other party chooses for himself one. And both parties choose another.” The words of R. Meier. But the Sages say, “the two judges choose for themselves the other.” “This one may declare the judge of that one illegal. And that one may declare the judge of this one illegal.” The words of R. Meier. But the Sages say, “it is only when witness can be brought against them that they are related or unlawful.” “But if they be righteous or experienced, they must not be declared illegal.” “This one may declare illegal the witness of that one. And that one may declare illegal the witness of this one.” The words of R. Meier. But the Sages say, “it is only when witness can be brought against them that they are related or unlawful, but if they be righteous they must not be declared illegal.”

2. One said to the other, “I trust my father,” “I trust thy father,” “I trust three cowherds.” R. Meier said, “he may change his mind.” But the Sages say, “he must not change.” If he must give an oath to his companion, and he said to him, “vow to me by the life of thy head”? R. Meier said, “he may change his mind.” But the Sages say, “he must not change his mind.”

3. And these are illegal (as judges or witnesses), one who played at cards, or lent on usury, or bet on the flight of doves, or trades in the Sabbatical year. R. Simon said, “at first they were called gatherers on the Sabbatical year; when they were forced by Gentiles to cultivate the ground, they changed to [pg 166] call them traders on the Sabbatical year.” R. Judah said, “it is only when they have no other occupation but this one alone: but if they have another occupation, they are allowed.”

4. And these are related, his father and his brother, and the brethren of his father, and the brethren of his mother, and the husband of his sister, and the husband of his father's sister, and the husband of his mother's sister. And the husband of his mother and his father-in-law, and his brother-in-law, they, their children, and their sons-in-law, and his step-son alone. R. José said, “this was the teaching of R. Akiba; but the first teaching was, his uncle and the son of his uncle, and all suitable for inheritance, and everyone related to him at the present time.” “One was related and became estranged?” “He is lawful.” R. Judah said, “even if his daughter died, and he has children left by her, they are related.”

5. “Who is a friend? and who is an enemy?” “A friend is the bridegroom's best man, an enemy is everyone who has not spoken with him three days in malice.” The Sages replied to him, “Israelites are not so suspicious.”

6. “How are witnesses examined?” “They are brought in and intimidated; and all other men are driven out.” And the chief of the witnesses is left, and they say to him, “tell us how do you know that this man is indebted to that man?” If the witness said, “he told me that I am indebted to him”—“such a man told me that he is indebted to him”—he has said nothing, till he shall say, “he acknowledged in our presence that he owed him 200 zuz.” And afterward the second witness is brought in, and examined. If their statements were found agreeing, the judges held a conversation. Two of them said “he is clear,” and one said “he is indebted”? “He is cleared.” “Two said, he is indebted, and one said, he is clear?” “He is indebted.” “One said he is clear, and one said he is indebted? And even if two pronounced him clear or indebted, and one said, ‘I don't know’?” “The judges must be increased.”

7. The matter is finished. They bring in the plaintiff and defendant. The chief judge says, “thou, such a one, art clear; thou such a one, art indebted.” “And whence know we that one of the judges on going out should not say, ‘I was [pg 167] for clearing him, but my colleagues pronounced him indebted, but what shall I do when my colleagues are too many for me’?” “Of this man it is said, ‘Thou shalt not go up and down as a tale-bearer among thy people’;[387] and it is said, ‘A tale-bearer revealeth secrets.’ ”[388]

8. At any time the one condemned may bring evidence and annul the judgment. The judges said to him, “bring all your evidence within thirty days from this date.” If he brought them within thirty days, it is annulled, if after thirty days, it is not annulled. Rabban Simon, the son of Gamaliel, said, “what shall he do if he did not find them within thirty days, but found them after thirty days?” “The judges said to him, ‘bring witnesses’; and he said, ‘I have no witnesses’; they said, ‘bring evidence’; and he said, ‘I have no evidence’; but afterward he found evidence, and found witnesses?” “They are nothing.” Rabban Simon, the son of Gamaliel, said, “what shall he do if he did not know that he had witnesses, and found witnesses; he did not know that he had evidence, and found evidence?” “They said to him, ‘bring witnesses’; he said, ‘I have no witnesses.’ ‘Bring evidence,’ and he said, ‘I have no evidence.’ ” “He saw that he will be pronounced indebted in judgment, and he said, ‘approach such a one, and such a one, and bear witness for me,’ or ‘he pulled out evidence from his pocket’?” “It is nothing.”

Chapter IV

1. Judgments in money and judgments in souls must be equally inquired into and investigated; as is said, “Ye shall have one manner of law.”[389] “What is the difference between judgments in money and judgments in souls?” “Judgments in money (require) three judges, judgments in souls twenty-three. Judgments in money open the case either for clearing or proving indebted, but judgments of souls open the case for clearing, and the case is not opened for condemning. Judgments in money are balanced by one judge either for clearing or proving indebted; but judgments in souls are balanced by one for clearing and by two for condemning. Judgments in money may be reversed either for clearing or proving indebted; [pg 168] but judgments in souls may be reversed for clearing, but must not be reversed for condemnation. All may express an opinion on judgments in money for clearing or proving indebted. All may express an opinion on judgments in souls for clearing, but all must not express an opinion for condemnation. He who has expressed an opinion on judgments in money for proving indebted, may express an opinion for clearing, and he who has expressed an opinion for clearing, may express an opinion for proving indebted. He who has expressed an opinion on judgments in souls for condemnation may express an opinion for clearing, but he who has expressed an opinion for clearing must not reverse it to express an opinion for condemnation. Judgments in money are conducted by day and settled by night. Judgments in souls are conducted by day and settled by day. Judgments in money are settled on the same day, either for clearing or proving indebted. Judgments in souls are finished on the same day for clearing, and on the day after it for condemnation—wherefore there can be no judgments on Friday or on the eve of a festival.”[390]

2. Judgments in legal uncleanness and legal cleansings begin with the Supreme (judge). Judgments in souls begin with a judge at his side. All are eligible to pronounce judgments in money matters, but all are not eligible to pronounce judgments in souls—only priests, Levites, and Israelites who can intermarry into the priesthood.

3. The Sanhedrin was like half a round threshing-floor, in order that the members might observe each other. And two scribes of the judges stood before them—one on the right and one on the left. And they wrote the sentence of acquittal, and the sentence of condemnation. R. Judah said, “three; one scribe wrote the sentence of acquittal, and one wrote the sentence of condemnation; and the third wrote both the sentence of acquittal and the sentence of condemnation.”

4. And three rows of the disciples of the wise sat before them. And each one knew his place. When it was necessary to appoint a judge, they appointed one from the first row. One from the second row came instead of him into the first, and one from the third row came instead of him into the second, [pg 169] and they selected another from the congregation, and they seated him in the third row, and he did not sit in the place of his predecessor, but he sat in a place suitable for himself.

5. “How did the judges intimidate witnesses in the testimony for souls?” “They introduced them, and intimidated them.” “Perhaps you are speaking from guess? or from hearsay? witness from witness? or from a trustworthy man we heard it?” Or, perhaps, “you don't know that at the last we shall proceed to inquire into your own character and investigate it.” “Have a knowledge that the judgments of money are not as the judgments of souls. Judgments for money, when the man pays the money he has atoned. In judgments for souls his blood and the blood of his posterity are suspended till the end of the world.” So we find it with Cain when he slew his brother. It is said of him,[391] “the voice of thy brother's bloods crieth.” He does not say thy brother's blood, but bloods of thy brother, his blood and the blood of his posterity. Another thing is also meant, that thy brother's bloods are spattered on wood, and on stones. Therefore man is created single, to teach thee that everyone who destroys one soul from Israel, to him is the verse applicable, as if he destroys a full world. And everyone who supports one soul in Israel, to him is the verse applicable, as if he supports the full world. And it is also said, for the peace of creation, that no man may justly say to his companion, my father is greater than thine. And that the Epicureans should not say, that there are more Creators in the heavens, and it is also said, to show forth the greatness of the Holy One, blessed be He! When man stamps many coins with one stamp, all are alike. But the King of Kings, the Holy One, blessed be He! stamped every man with the stamp of the first Adam, and no one of them is like his companion; therefore everyone is bound to say, “for my sake was the world created.” But, perhaps, the witnesses will say “what is this trouble to us?” But is it not already said, “And is a witness, whether he hath seen or known of it; if he do not utter it?”[392] But perhaps the witnesses will say, “what is it to us, to be guilty of this man's blood?” But is it not already said, “When the wicked perish, there is shouting”?[393]

Chapter V

1. The witnesses were examined with seven investigations. “In what Sabbatical year?” “In what year?” “In what month?” “What date in the month?” “What day?” “What hour?” “What place?” R. José said, “What day?” “What hour?” “What place?” “Did you know him?” “Did you warn him?” In a case of idolatry, “whom did he serve?” “And with what did he serve?”

2. Every judge who extends examinations is praiseworthy. It happened that the son of Zacchai examined (even) on the stems of figs. And what difference is there between investigations and examinations? In investigations if one say, “I don't know,” their witness is worthless. In examinations, if one say, “I don't know,” and even two say, “we don't know,” their witness stands. Whether in investigations or examinations, when they contradict each other, their witness is worthless.

3. One witness said, “on the second of the month,” and another witness said, “the third of the month.” Their witness stands. Because one knows of the intercalary month, and another does not know of the intercalary month. One said, “on the third,” and another said, “on the fifth”; their witness is worthless. One said, “at the second hour,” and another said, “at the third hour”; their witness stands. One said, “at the third,” and another said, “at the fifth”; their witness is worthless. R. Judah said, “it stands.” One said, “on the fifth,” and another said, “on the seventh”; their witness is worthless, because at the fifth (hour) the sun is in the east, and at the seventh hour the sun is in the west.

4. And afterward they introduce the second (witness) and examine him. If both their statements agree, they open the case with clearing. One of the witnesses says, “I possess information to clear him.” Or one of the disciples of the Sanhedrin says, “I possess information for condemning.” They order him to keep silence. One of the disciples of the Sanhedrin says, “I possess information to clear him.” They bring him up, and seat him between the judges, and he did not go down during the whole day. If there be substantial information, [pg 171] they give him a hearing. And even when he (the accused) says, “I possess information for clearing myself,” the judges give him a hearing; only there must be substantial information in his words.

5. If the judges found him clear, they released him, but if not they deferred his judgment till the morrow. They conversed in pairs, and reduced their eating, and they drank no wine all the day, and discussed the matter the whole night. And on the morrow they came very early to the judgment hall. He who was for clearing said, “I was for clearing, and I am for clearing in my place.” And he who was for condemning said, “I was for condemning, and I am for condemning in my place.” He who pronounced for condemning, could pronounce for clearing, but he who pronounced for clearing, could not turn round and pronounce for condemning. If the judges erred in a matter, the two scribes of the judges recalled it to their memory. If they found him clear, they released him: but if not, they stood to be counted. “Twelve cleared him, and eleven condemned?” “He is clear.” “Twelve condemned him, and eleven cleared him, and even eleven cleared, and eleven condemned,” and one said, “I don't know.” And even twenty-two cleared or condemned, and one said, “I don't know?” “They must add judges.” “How many do they add as judges two by two?” “Up to seventy-one.” “Thirty-six cleared him, and thirty-five condemned him?” “He is clear.” “Thirty-six condemned him, and thirty-five cleared him?” “They disputed with each other until one of the condemning party acknowledged the statement of the clearing party.”

Chapter VI

1. When the judgment was finished, they brought him forth to stone him.[394] The place of stoning was outside the judgment-hall; as is said, “Bring him forth that hath cursed.”[395] One stood at the door of the judgment-hall with towels in his hand, and another man rode a horse at a distance from him, [pg 172] but so that he might see him. If one said, “I have something to tell for clearing,” this one waved the towels, and the other galloped his horse, and stopped the accused. And even though he himself said, “I have something to tell to clear myself,” they brought him back as many as four or five times, only there must be substance in his words. If they found him clear, they freed him; but if not, they took him forth to stone him. And a herald preceded him (crying), “Such a one, the son of such a one, is brought out for stoning, because he committed such a transgression, and so and so are witnesses; let everyone who knows aught for clearing him come forth and tell it.”

2. When he was ten cubits from the place of stoning, they said to him “confess,” as it is the custom of all about to die to confess, since to everyone who confesses there is a portion in the world to come. So we find with Achan when Joshua said to him, “My son, give, I pray thee, glory to the Lord God of Israel, and make confession unto him.”[396] And Achan answered Joshua, and said, “Indeed, I have sinned against the Lord God of Israel, and thus and thus I have done.” “And from whence know we that his confession made atonement for him?” “As it is said, ‘And Joshua said, Why hast thou troubled us? the Lord shall trouble thee this day. This day thou art troubled, but thou shalt not be troubled in the world to come.’ ” And if he did not know how to confess, they told him to say, “let my death be an atonement for all my sins.” Rabbi Judah said, “if he knew that he was falsely condemned, he said, ‘let my death be an atonement for all my sins, except this one’;” the (Sages) said, “if so, every man will speak thus to make themselves innocent.”

3. When he was four cubits from the place of stoning, they stripped off his garments. “If a man, they covered him in front; if a woman, before and behind.” The words of Rabbi Judah. But the Sages say “a man was stoned naked, but the woman was not stoned naked.”

4. The place of stoning was two men high. One of the witnesses thrust him down on his loins. If he turned on his heart, the witness must turn him on his loins. If he died with that thrust it was finished; but if not, the second (witness) took the stone, and cast it upon his heart. If he died with that blow, the [pg 173] stoning was finished. But if not, he was stoned by all Israel, as is said, “The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people.”[397] “All who were stoned were hung up.” The words of Rabbi Eliezer. But the Sages say, “none were hung up, save the blasphemer and the idolater.” “The man is to be hung with his face toward the people, but the woman with her face toward the wood.” The words of Rabbi Eliezer. But the Sages say, “the man was hung up, but they do not hang up a woman.” Rabbi Eleazar said to them, “and did not Simon, the son of Shatach, hang women in Askalon?” They said to him, “he hung up eighty women (witches), and two could not be judged, in one day.” “How did they hang him?” “They sunk a beam in the ground, and a traverse beam proceeded from it, and they bound his hands, one over the other, and hung him up” (by them). R. José said, “the beam was inclined against the wall, and he was hung upon it, just as the butchers do.” And they loosed him immediately afterward. “But if he was out all night?” “It was a transgression of a negative command, as is said, ‘His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day (for he that is hanged is accursed of God),’ ”[398] etc. As one says, “wherefore is this one hung?” “Because he blasphemed the NAME, and it follows that the heavenly NAME is profaned.”

5. Rabbi Meier said, “when man is sorrowful,[399] what language does the Shekinah[400] make him to utter?” If it be lawful so to speak, “my head makes me ashamed, my arm makes me ashamed.” If, to speak after the manner of men, OMNIPRESENCE is sorrowful, when the blood of the wicked is poured out, how much more sorrowful is He for the blood of the righteous? And not in the case of the condemned alone, but everyone who leaves his dead overnight, is a transgressor of a negative command. If they left him for the sake of honor, to bring a coffin and a shroud for him, there is no transgression. But they did not bury him (the condemned) in the sepulchres of his fathers. And there were two burial grounds [pg 174] prepared for the Judgment Hall—one for the stoned and the burned, and one for those beheaded and strangled.

6. When the flesh of the condemned was consumed, they gathered his bones and buried them in their proper place; and his relatives came and asked after the peace of the judges, and the peace of the witnesses, as much as to say, “know there is nothing in our hearts against you, as your judgment was true.” And they did not mourn, but were gloomy, since gloominess is only in the heart.

Chapter VII

1. Four punishments were permitted to the supreme court—stoning, burning, beheading, and strangling. R. Simon said, “burning, stoning, strangling, and beheading.” The preceding chapter is the order of stoning.

2. The order for those burned was to be sunk in dung to their knees. And men put a hard towel in a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till the condemned opened his mouth. And one lit a wick, and cast it into his mouth, and it went down to his bowels, and it consumed his intestines. R. Judah said, “if he died in their hands, they did not complete in him the order of burning; only they opened his mouth with tongs against his will, and lit the wick, and cast it into his mouth, and it went down to his bowels and consumed his intestines.” Said R. Eleazar the son of Zadok, “it happened with the daughter of a priest, who was immoral, that they surrounded her with dry branches and burned her.” The Sages replied, “because the court at that time was unskilled.”

3. The order of those beheaded was to have their heads struck off with a sword, as is the custom of governments. R. Judah said, “that was an abuse; they only rested his head on a block, and hewed it off with an axe.” The Sages replied to him, “no death is a greater abuse than that.” The order for those strangled was, that they were sunk down in dung to their knees, and they put a hard towel inside a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till his soul departed.

4. These were stoned; ... a blasphemer, and an [pg 175] idolater, and he who gave his seed to Molech, and one with a familiar spirit,[401] and a wizard, and he who profaned the Sabbath, and he who cursed father or mother, and he who came to a betrothed maid, and an enticer to idolatry, and a withdrawer to idolatry, and a sorcerer, and a son stubborn and rebellious.

5. The blasphemer was not guilty till he expressed the NAME. Said R. Joshua, the son of Korcha, every day they examined the witnesses under a substituted (feigned) name, for example, “José shall beat José.” When the judgment was finished, they could not execute him under the nickname, but they withdrew all men outside, and interrogated the principal witness, and said to him, “tell us clearly what thou hast heard?” and he said it. And the judges stood up on their feet, and rent their garments,[402] and they were never sewn again. And the second witness said, “even I (heard) as he,” and the third said, “even I (heard) as he.”

6. One committed idolatry, whether he served the idol, or sacrificed to it, or burned incense to it, or made a libation to it, or bowed down to it, or accepted it for his god. And also, he who said to it, “thou art my God.” But he who embraced it, and kissed it, and honored it, and dusted it, and washed it, and anointed it, and dressed it, and put shoes on it, transgressed a negative command. He who vowed in its name, and performed the vow in its name, transgressed a negative command. “He exposed himself to Baal peor?” “That is positive service.” “He cast a stone to Mercury?” “That is positive service.”

7. He who gave his seed to Molech[403] is not guilty till he hand [pg 176] it to Molech, and pass it through the fire. “If he hand it to Molech, and do not pass it through the fire, (or if) he passed it through the fire, and did not hand it to Molech?” “He is not guilty till he hand it to Molech, and pass it through the fire.” One has a familiar spirit, when the Python speaks from his arm. But the wizard speaks with his mouth. These are to be stoned, and inquiry from them is forbidden.

8. He who profaned the Sabbath by aught which renders him guilty of presumption is to be cut off;[404] but if he profaned the Sabbath in error, a sin-offering (is required) from him. He who cursed father or mother is not guilty till he curse them by the NAME. “If he curse them with a substituted name of God?” R. Meier pronounces him “guilty”; but the Sages “free him.”

9. “If one came to a betrothed maid?” “He is not guilty, except she be a virgin, and betrothed, and in the house of her father.” “If two came to her?” “The first is to be stoned and the second strangled.”

10. “The enticer to idolatry?” “This ordinary man enticed an ordinary man; he said to him, ‘there is an object of fear in such a place, so it eats, so it drinks, so it does good, so it does evil.’ ” Of all who are guilty of death in the law, we are not to set witnesses in concealment to convict them, except in this case of an enticer to idolatry. When he has spoken of his idolatry to two persons, they as witnesses bring him to the judgment-hall, and stone him. If he spoke thus to one, this one replies, “I have companions who desire to hear so and so.” “If he be cunning, and he does not speak before them?” “Witnesses are concealed behind a wall, and he says to the idolater, ‘tell me what thou saidst to me alone,’ and the idolater told him. And he replied to him, ‘how can we leave our God, who is in heaven, and go and serve wood and stone?’ ” “If the idolater returned from his sin, it is well; but if he said, ‘so is our duty, and so it is excellent for us,’ they who stood behind the wall bring him to the judgment-hall, and stone him; if he said, ‘I shall serve, I shall go and serve, let us go and serve; I will sacrifice, I will go and sacrifice, let us go and sacrifice; I will burn incense, I will go and burn incense, [pg 177] let us go and burn incense; I will pour a libation, I will go and pour a libation, let us go and pour a libation; I will bow down, I will go and bow down, let us go and bow down’—the withdrawer is he who says, ‘let us go and serve idols.’ ”

11. The sorcerer, who has done the act, is guilty of death, but he is not guilty who merely deludes the eyes. R. Akiba said in the name of R. Joshua, “two sorcerers can gather cucumbers—one gathers them and is free, but another gathers them and is guilty. He who has performed the act is guilty. He who has merely deluded the eyes is free.”

Chapter VIII

1. A son stubborn and rebellious.[405] “From what time is he decidedly a son stubborn and rebellious?” “From the time the two hairs have come, and up to the time the beard has sprouted; but the Sages spoke in modest language. As is usually said, when a man has a son—a son, but not a daughter; a son, but not a man; a child as yet free from coming under the rule of the commandments.”

2. “From what time is he guilty?” “From the time he ate three-quarters of a pound of flesh, and drank half a log of Italian wine.” R. José said, “a pound of flesh and a log of wine.” “He ate it in an appointed feast; he ate it in the intercalary month; he ate it during the second tithes in Jerusalem; he ate of a carcass and of things torn, abominable things and creeping things; he ate of that which had not paid tithes, and the first tithes before the heave-offering was separated from them and the second tithes and holy things which were not redeemed; he ate of a thing which is commanded, and of a thing which is a transgression; he ate every kind of meat, but he did not eat flesh; he drank every kind of fluid, but he did not drink wine?” “He is not a son stubborn and rebellious till he eat flesh and drink wine,” as is said, “A glutton and a drunkard”;[406] and even though there is no conclusive evidence, there is a memorial to the matter, as is said, “Be not among winebibbers; among riotous eaters of flesh.”[407]

3. “If he steal it from his father, and eat it (with permission) on the property of his father; from others, and eat it [pg 178] on the property of others; from others, and eat it on the property of his father?” “He is not a son stubborn and rebellious till he steal it from his father and eat it on the property of others.” R. José, the son of R. Judah, said, “till he steal it from his father and from his mother.”

4. “If his father desires (his punishment), and his mother does not desire it; his father does not desire it, and his mother does desire it?” “He is not declared a son stubborn and rebellious until both of them desire it.” R. Judah said, “if his mother was not suitable for his father, he is not declared a son stubborn and rebellious.” “One of them was broken-handed, or lame, or dumb, or blind, or deaf?” “He is not declared a son stubborn and rebellious,” as is said, “ ‘Then shall his father and his mother lay hold on him,’[408] which is impossible if they be broken-handed; ‘and bring him out,’ which is impossible if they be lame; ‘and they shall say,’ which is impossible if they be dumb; ‘this our son,’ which is impossible if they be blind; ‘he will not obey our voice,’ which is impossible if they be deaf. They must warn him before three judges, and then flog him.” “He returned to his bad habits?” “He is to be judged before twenty-three judges, but he is not to be stoned till the three first (judges) are present, as is said, ‘this our son’ who was flogged before you.” “He ran away before his judgment was finished, and afterward came to puberty?” “He is free.” “But if he ran away after the decision and then came to puberty?” “He is guilty.”

5. A son stubborn and rebellious is judged for the sake of his future prospects. The law says, “better die when he is innocent, and not die when he is guilty.” The death of the wicked is pleasant for them, and pleasant for the world; but the death of the righteous is evil for them, and evil for the world. Wine and sleep are pleasant to the wicked, and pleasant to the world; but for the righteous, it is evil for them, and evil for the world. Separation for the wicked is pleasant for them, and pleasant for the world; but for the righteous, it is evil for them, and evil for the world. Union for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world. Rest for the wicked [pg 179] is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.

6. If one engaged in burglary, he is judged for the sake of his future prospects. “He engaged in burglary and broke a barrel?” “If the owner might not kill him, he must pay for the barrel; but if the owner might kill him, he is freed from paying for the barrel.”

7. These are they who are rescued[409] with their souls—he who pursued after his companion to kill him, and one after a betrothed girl. But one about to profane the Sabbath, and one about to serve idols, such cannot be saved with their souls.[410]

Chapter IX

1. And these are to be beheaded. The murderer and the men of a city withdrawn to idolatry. “The murderer who smote his neighbor with a stone or iron, and he pressed him down in the midst of the water, or in the midst of fire, and he could not come out from thence, and he died?” “He is guilty.” “He pushed him into the midst of water, or into the midst of fire, and he could come out, but he died?” “He is free.” “He encouraged a dog against him, he encouraged a serpent against him?” “He is free.” “He caused a serpent to bite him?” Rabbi Judah declared him “guilty,” but the Sages “freed him.” “He smote his companion either with a stone or his fist, and he was counted for dead, and he became lighter, and afterward became heavier, and died?” “He is guilty.” R. Nehemiah said, “he is free, because there are extenuating circumstances in the matter.”

2. “His intention was to kill a beast, and he killed a man—a foreigner, and he killed an Israelite—a premature birth, and he killed a timely child?” “He is free.” “His intention was to smite his loins, and there was not sufficient force in the blow to cause death in his loins, and it passed to his heart, and there was sufficient force in the blow to cause death in his heart, and he died?” “He is free.” “His intention was to smite him [pg 180] on his heart, and there was sufficient force in the blow to cause death on his heart, and it passed on to his loins, and there was not sufficient force in the blow to cause death on his loins, but he died?” “He is free.” “His intention was to smite an adult, and there was not sufficient force in the blow to cause death to an adult, and it passed off to a child, and there was sufficient force to kill the child, and he died?” “He is free.” “His intention was to smite a child, and there was sufficient force in the blow to cause death to a child, and it passed to an adult, and there was not sufficient force to cause death to the adult, but he died?” “He is free.” “But his intention was to smite him on his loins, and there was sufficient force in the blow to cause death on his loins, and it passed to his heart, and he died?” “He is guilty.” “His intention was to smite an adult, and there was sufficient force in the blow to cause the death of the adult, and it passed to a child, and he died?” “He is guilty.” R. Simon said, “even if his intention be to kill this one, and he killed that one, he is free.”

3. “A murderer, who is mingled with others?” “All are to be freed.” R. Judah said, “they are to be collected in a prison.” “Several condemned to (different) deaths are promiscuously mingled?” “They are all to be adjudged the lightest punishment.” “Those condemned to stoning with those condemned to burning?” R. Simon said, “they are to be condemned to stoning, because burning is more grievous,” but the Sages say, “they are to be condemned to burning, because stoning is more grievous.” To them replied R. Simon, “if burning were not more grievous, it would not have been assigned to the daughter of a priest who was immoral.” They replied to him, “if stoning were not more grievous, it would not have been assigned to the blasphemer, and the idolater.” “Those condemned to beheading, mingled with those condemned to strangling?” R. Simon said, “they are to be put to death with the sword,” but the Sages say, “with strangling.”

4. “He who is found guilty of two deaths by the judges?” “He is condemned to the more grievous punishment.” “He committed a transgression, which made him deserve two deaths?” “He is condemned to the more grievous.” R. José said, “he is condemned for the first deed which he committed.”

5. “He who is flogged once and again?” “The judges commit [pg 181] him to prison, and they give him barley to eat till his belly bursts.” “He who killed a person without witnesses?” “They commit him to prison, and they give him to eat the bread of adversity, and the water of affliction.”[411]

6. “A thief who stole a sacred vessel, and he who cursed in necromancy, and the paramour of an Aramæan?” “The avengers may at once fall upon him.” “The priest who served in legal uncleanness?” “His brother priests have no need to bring him to the tribunal, but the young priests drag him outside of the court, and dash out his brains with fagots of wood.” “A stranger who served in the sanctuary?” R. Akiba said, he is to be killed “with strangling,” but the Sages say, “by the visitation of heaven.”

Chapter X

1. All Israel have a portion in the world to come, as is said, “Thy people also shall be all righteous,”[412] etc. And these are they who have no portion in the world to come: he who says there is no resurrection of the dead in the law, and that there is no revealed law from heaven, and the Epicurean. R. Akiba said, “even he who reads in forbidden[413] books, and he who mutters over a wound”; and he said, “I will put none of these diseases upon thee, which I have brought upon the Egyptians: for I am the Lord that healeth thee.”[414] Aba Shaul said, “even to meditate the NAME[415] in its letters.”

2. Three kings and four ordinary persons have no portion in the world to come. Three kings, Jeroboam, Ahab, and Manasseh. R. Judah said, “Manasseh had a portion in the world to come,” as is said, “And prayed unto him, and he was entreated of him, and heard his supplication, and brought him again to Jerusalem into his kingdom.”[416] The Sages said to him, “He brought him back to his kingdom, but He did not bring him back to life in the world to come.” Four ordinary persons, Balaam, and Doeg, and Ahitophel, and Gehazi, have no portion in the world to come.

3. The generation of the deluge has no portion in the world [pg 182] to come, and they stand not in judgment, as is said, “My Spirit shall not always strive with man.”[417] (They have) neither judgment nor spirit. The generation of the dispersion has no portion in the world to come, as is said, “So the Lord scattered them abroad from thence upon the face of all the earth.”[418] And the Lord scattered them in this world, and from thence the Lord scattered them in the world to come. The men of Sodom have no portion in the world to come, as is said, “But the men of Sodom were wicked and sinners before the Lord exceedingly,”[419] wicked in this world, and sinners in the world to come. But they will stand in judgment. R. Nehemiah said, “neither one nor other will stand in judgment,” as is said, “Therefore the ungodly shall not stand in the judgment, nor sinners in the congregation of the righteous.”[420] “Therefore the wicked shall not stand in judgment;” this is the generation of the deluge: “Nor sinners in the congregation of the righteous;” these are the men of Sodom. The (Sages) said to him, “they do not stand in the congregation of the righteous, but they stand in the congregation of the wicked.” The spies have no portion in the world to come, as is said, “Even those men that did bring up the evil report upon the land, died by the plague before the Lord.”[421] And they died in this world. They also died in the plague in the world to come. “The generation of the wilderness has no portion in the world to come, and they will not stand in judgment, as is said, ‘In this wilderness they shall be consumed, and there they shall die.’ ”[422] The words of R. Akiba. R. Eliezer said, “of them He said, ‘Gather my saints together unto me, those that have made a covenant with me by sacrifice.’ ”[423] “The congregation of Korah will not come up, as is said, ‘And the earth closed upon them’[424] in this world. ‘And they perished from among the congregation’ in the world to come.” The words of R. Akiba. R. Eliezer said, “of them he said, ‘The Lord killeth and maketh alive; he bringeth down to the grave and bringeth up.’ ”[425] “The ten tribes will not return, as is said, ‘And cast them into another land, as it is this day’;[426] as the day departs and does [pg 183] not return, so they depart and do not return.” The words of R. Akiba. R. Eliezer said, “as the day darkens and brightens, so will it be with the ten tribes; as it was dark for them, so will it be bright for them.”

4. The men of a city withdrawn to idolatry have no portion in the world to come, as is said, “Certain men, the children of Belial, are gone out from among you and have withdrawn the inhabitants of their city,”[427] and they are not to be killed till the withdrawers be from the city itself and from the tribe itself, and till it withdraw the majority, and till the withdrawers be men. If the withdrawers be women, or children, or the minority be withdrawn, or the withdrawers be outside it, they are to be treated singly, and they need two witnesses, and a warning to each one of them. It is more grievous for individuals than for the multitude, because individuals must be stoned, though for that reason their money is safe for their heirs; but the multitude are cut off with the sword, and for that reason their money is lost.

5. “Thou shalt surely smite the inhabitants of that city,”[428] etc. A caravan of asses or camels passing from place to place are delivered, as is said, “Destroying it utterly and all that is therein,” etc. From thence they said, “the property of the righteous in it is lost, out of the city it is safe. But that of the wicked, whether inside or outside, is lost.”

6. “And thou shalt gather all the spoil of it into the midst of the street thereof.”[429] If it have no street, they must make a street for it. If there be a street outside of it, they bring it inside. “And shalt burn with fire the city and all the spoil thereof,” its spoil but not the spoil of heaven. From thence they say, the holy things therein are to be redeemed, and the heave-offerings suffered to decay. The second tithes and holy writings are to be concealed. “Every whit for the Lord thy God.” Said R. Simon, “The Holy One, Blessed be He, said, If you execute judgment on the withdrawn city, I count it for you as though you brought a burnt-offering wholly before me.” “And it shall be a heap forever; it shall not be built again.” “Thou shalt not make of it even gardens or parks.” The words of R. José, the Galilean. R. Akiba said, “it shall not be builded again. It must not be built as it was [pg 184] before, but it may be made (into) gardens and parks.” “And there shall cleave naught of the cursed thing to thine hand.”[430] Whilst the wicked are in the world, wrath is in the world. When the wicked are destroyed from the world, wrath retires from the world.

Chapter XI

1. These are to be strangled—he who beats his father or his mother, and he who steals a soul from Israel, and an “elder” who is rebellious against the judges, and a false prophet, and he who prophesies in the name of idolatry, and false witnesses proved to be perjured against a priest's daughter and her paramour. He who beats father or mother is not guilty till he make a bruise in them. It is more grievous to curse them than to beat them. Because if he cursed them after their death, he is guilty; but if he beat them after their death, he is free. He who stole a soul from Israel is not guilty till he bring him on his property. R. Judah said, “till he bring him on his property and obtain service by him,” as is said, “And maketh merchandise of him, or selleth him.”[431] “If he steal his own son?” R. Ishmael, the son of R. Jochanan, the son of Beroka, pronounces him “guilty,” but the sages pronounce him “free.” “If he stole one, half a servant and half free?” R. Judah pronounces him “guilty,” but the Sages pronounce him “free.”

2. The elder rebellious against the decision of the judges? as it is said, “If there arise a matter too hard for thee in judgment,”[432] etc. There were three places of judgment. One place was by the door of the Mountain of the House; and one was by the door of the court; and one was in the chamber of hewn stone. The witnesses against the rebellious elder came to the one by the door of the Mountain of the House, and each one said, “so I expounded, and so my companions expounded; so I taught, and so my companions taught.” If the judges listened to them, they told them: but if not, they went to those at the door of the court, and each one said, “so I expounded, and so my companions expounded; so I taught, and so my companions taught.” If they listened to them, they told them; but if not, both parties went to the supreme [pg 185] court in the chamber of hewn stone, because from it the Law proceeded forth to all Israel, as is said, “Of that place which the Lord shall choose.”[433] “If the rebellious elder returned to his city, and taught as before?” “He is free.” “But if he decided to practise false teaching?” “He is guilty,” as is said, “And the man that will do presumptuously.”[434] He is not guilty till he decide to practise his false teaching. A disciple who decided to practise false teaching is free. It follows that what is a grave offence in the one is a light offence in the other.

3. The burden in the words of the scribes is greater than the burden in the words of the law. He who said, “There are no phylacteries, so as to transgress the words of the law?” “He is free.” He who said, “There are five frontlets, so as to add to the words of the scribes?” “He is guilty.”

4. “The judges do not put such an offender to death in the tribunal of his city, nor in the tribunal of Jabneh,[435] but they bring him up to the supreme court in Jerusalem, and they guard him till a holiday; and they put him to death on a holiday, as is said, ‘And all the people shall hear and fear, and do no more presumptuously.’ ”[436] The words of R. Akiba. R. Judah said, “they do not cause him anguish in delaying his judgment, but they execute him off-hand.” And they write and send messengers to all places, “Such a man, the son of such a man, is condemned to death by the tribunal.”

5. A false prophet, who prophesied what he did not hear, and what was not told to him, is put to death by the hands of man. But he who suppressed his prophecy, and he who added to the words of a prophet, and a prophet who transgressed his own words, is put to death by the visitation of heaven, as is said, “I will require it of him.”[437]

6. And he who prophesied in the name of idolatry and said, “so the idol said,” even though its decision was exactly to pronounce unclean the unclean, and to pronounce cleansed the clean, is to be strangled. And so also the false witnesses against a priest's daughter. Because all false witnesses are condemned to the same death which they had intended (for the accused), except false witnesses against the daughter of a priest, and they are to be strangled.

On Idolatry[438]

Dealings with Idolaters—Idolatrous Feasts—Things Not to be Sold to Idolaters—Labor with Idolaters—The Letting Out of Houses and Fields—Precautions—Things Forbidden and Things Allowed—Idols and Fragments of Idols—Hills and Groves—Houses Joined to an Idol Temple—Idolatrous Trees—Image of Mercury—Annulling Idolatry—Pagan Argument for Idolatry—Answer—Treading—Pressing—Baking—Wine of Libation—Culinary Utensils.

Chapter I

1. Three days before the feasts of the idolaters it is forbidden to deal with them, to lend articles to them, or to take a loan of articles from them; to make a loan of money to them, or to borrow money from them; to repay them, or to take payment from them. Rabbi Judah said, “it is allowed to take payment from them, since it is unsatisfactory to the idolater.” The (Sages) answered him, “though it is unpleasant to him now, he rejoices afterward.”

2. R. Ishmael said, “three days before and three days after their feasts it is forbidden.” But the Sages say, “before their feasts it is forbidden, after their feasts it is allowed.”

3. “And these are the feasts of the idolaters—the Kalends, and the Saturnalia, and the Quartesima, and the coronation day of their kings, and the day of their birth, and the day of their death.” The words of R. Meier. But the Sages say, “every death anniversary in which there is burning of incense,[439] there is in it the worship of idols. But if there be no burning of incense there is no worship of idols.” “The day of shaving his beard and cutting his hair, the day of his disembarking from the sea, and the day of his release from prison, and the day when the heathen makes a feast for his son?” “It is not forbidden to deal with them save on this day of his feast, and with this man who keeps the feast only.”

4. “The city in which there exists idolatry outside the city?” “It is allowed to deal with the idolaters.” “If the idolatry be outside?” “Inside it is allowed.” “How is it with going there?” “When the road directly leads to the place itself, it is forbidden; but if it be possible to go by it to another place, it is allowed.”

5. “If in the city in which there exists idolatry there be shops, some decorated with idolatrous crowns, and some without decoration?” This was the case in Bethshan; and the Sages say, “the decorated ones are forbidden for dealing, and those not decorated are allowed.”

6. These things are forbidden to be sold to idolaters—fir-cones, and the best figs, with their clusters, and incense, and the white cock. R. Judah said, “it is allowable to sell a white cock among many others. But when a man has only one, he must cut its claw before he sell it, since the heathen do not offer that which is blemished in idol worship.” And all other things for ordinary uses are allowed—but if they be declared to be for idolatry, they are forbidden. R. Meier said, “even the fine dates, and the date sap,[440] and the Jericho dates, are forbidden for sale to idolaters.”

7. Where they are accustomed to sell small cattle to idolaters, they may sell them. Where they are unaccustomed to sell them, they must not sell them. And everywhere they must not sell to them the large cattle, calves, ass foals, unblemished or blemished. R. Judah allowed the broken-boned; and Benbethira allowed even horses.

8. Men must not sell to them bears or lions, or anything in which there is peril to the multitude. They must not build with them royal halls,[441] judgment-seats, and stadiums,[442] and bemas.[443] But men may build with them altars and baths. When they reach to the arching in which they place their idol, it is forbidden to build farther.

9. And Israelites must not make decorations for idols, necklaces, and nose-rings, and rings. R. Eleazar said, “for pay it is allowed.” Men must not sell to them what is fastened to the ground. But one may sell it after it is cut down. R. Judah [pg 188] said, “one may sell it to a heathen on condition that he cuts it down.”

10. “Men must not let to them buildings[444] in the Land of Israel, and it is needless to say fields. But in Syria they may let to them buildings, but not fields. But out of the Land they may sell to them buildings, and may rent to them fields.” The words of R. Meier. R. José said, “in the Land of Israel men may let to them buildings, but not fields. But in Syria they may sell buildings and rent fields to them, and out of the Land they may sell both.” However, where they said to let, they did not say a dwelling-house; since a heathen can bring inside of it an idol, as it is said, “Thou shalt not bring in abomination into thy house.”[445] And everywhere a man must not hire to a heathen his bath, because it is called by his name.

Chapter II

1. Israelites must not put cattle in the stables of idolaters, because of their evil habits. And a woman must not be alone with them, because of their evil habits. And no man should be alone with them, because they are apt to shed blood.

2. A daughter of Israel must not attend an idolatrous woman, because she helps the birth of a child for idolatry. But an idolatress may attend a daughter of Israel. A daughter of Israel must not suckle a child of an idolatress; but an idolatress may suckle a child of a daughter of Israel, under her observation.

3. “Israelites may take from them medicine to cure property; but not to cure persons. And they are not to be shaved by them anywhere.” The words of R. Meier. But the Sages say, “under public observation it is allowed, but not entirely alone.”

4. These things of the idolaters are forbidden, and every use of them is strictly forbidden; wine, and vinegar of the heathen which was at first wine, and Hadrian's mixture[446] with its fragments, and hides of animals with their hearts[447] (torn [pg 189] out). Rabbi Simon, the son of Gamaliel, said, “when the rent is round, it is forbidden, when lengthwise, it is allowed.” “The flesh brought in for idolatry is allowed; but that which is brought out is forbidden, because it is the sacrifice for the dead.” The words of R. Akiba. It is forbidden to do business with those who go to worship the Penates; but with those who return from them it is allowed. “The skin-bottles of the idolaters and their jugs into which Jewish wine is poured, are forbidden, and every use of them is strictly forbidden.” The words of R. Meier. But the Sages say, “every use of them is not forbidden.” “Grape-stones and grape-skins of the idolaters are forbidden, and every use of them is strictly forbidden.” The words of R. Meier. But the Sages say, “when moist, they are forbidden; but when dry, they are allowed.” “Fish-brine and the cheese from Bethuniki,[448] a village of the idolaters, are forbidden, and every use of them strictly forbidden.” The words of R. Meier. But the Sages say, “every use of them is not forbidden.” R. Judah related, that R. Ishmael asked R. Joshua, as they were journeying along the road—he said to him, “why do they forbid the cheese of idolaters?” He replied to him, “because they cause it to ferment with the stomach of a carcass.” R. Ishmael said to him, “and is not the stomach of a burnt-offering of more importance than the stomach of a carcass,” and it was said, “the priest who was so minded supped the milk that was in it,” but the Sages did not agree with him, and they said, “the priests do not use it, and they are not guilty.” He changed the conversation, and said to him, “because they ferment it with the stomach of a calf (devoted) to idolatry.” He said to him, “if so, why do they not forbid it for every use?” He turned to another subject, and said to him, “brother Ishmael, how do you read, ‘For thy love is better than wine,’[449] or ‘For thy love is good’?” He replied to him, “For thy love is good.” He said to him, “it is not so, since the next verse explains it, ‘Because of the savor of thy good ointments.’ ”

5. These things of the idolaters are forbidden, but every [pg 190] use of them is not strictly forbidden; milk which a heathen milked, and an Israelite did not see it. “Their bread and oil?” “Rabbi and his colleagues allowed oil.” But the cookery, and the gravy into which they are wont to put wine and vinegar, and shred thunny fish, and the sauce in which the fish chalbith is not swimming, and the herring, and the essence of assafœtida, and spiced salt, are forbidden; but every use of them is not strictly forbidden.

6. These things are allowed for eating—milk which an idolater milked, and an Israelite saw, and honey and honeycomb, even if they are dropping, as they do not contain the effect of liquor,[450] and gravy into which they are not wont to put wine and vinegar, and shred thunny fish, and sauce in which there is the fish chalbith, and the leaf of the assafœtida, and olives crushed into round cakes. R. José said, “the kernels detached from the olives are forbidden.” The locusts which they bring from their baskets[451] are forbidden; but those brought from their magazines are allowed. And even so is the decision for their heave-offerings.

Chapter III

1. “All images are forbidden, because they are worshipped once a year.” The words of R. Meier. But the Sages say, “only those are forbidden which have in their hand a staff, or bird, or ball.” R. Simon, the son of Gamaliel, said, “all images which have in their hand anything whatever.”

2. “If one find the broken pieces of images?” “They are allowed (for useful purposes).” “If one find the figure of a hand, or the figure of a foot?” “They are forbidden, because such as they are worshipped.”

3. “(If one find) vessels on which is the form of the sun-disk, the form of the moon, the form of a dragon?” “They are to be carried into the Salt Sea.”[452] R. Simon, the son of Gamaliel, said, “when such forms are on precious (vessels) they are forbidden, when they are on insignificant (ones) they are allowed.”

4. R. José said, “one must grind the image to powder and scatter it to the wind, or cast it into the sea.” The Sages said to him, “then it will make dung,” and it is said, “And there shall not cleave to thy hand aught of the accursed thing.”[453]

5. Proclus, the son of a philosopher, asked R. Gamaliel, in Acho,[454] as he was bathing in the bath of Venus, and said to him, “it is written in thy law, ‘and there shall not cleave to thy hand aught of the accursed thing’; why dost thou bathe in the bath of Venus?” He said to him, “men do not give replies in the bath”; and when he came out he said to him, “I came not within its district; it came into my district.” They did not say, “let us make a bath to the honor of Venus, but they said, let us make Venus an honor to the bath.” Another thing: “if they gave thee money wouldst thou enter naked before thy idol, or wouldst thou do aught disgraceful in its presence? yet if it stands on a canal everyone dishonors it.” It is not said, save for their heathen gods, “that which is customary from its being a god, is forbidden, that which is not customary from its being a god, is allowed.”

6. Though idolaters worship the mountains and the hills, the mountains and the hills are allowed, but what is upon them is forbidden; as is said, “Thou shalt not covet the silver and the gold upon them to take them.”[455] R. José, the Galilean, said, “their gods of the mountains, but not the mountains their gods; their gods of the hills, but not the hills their gods.” “But why are the groves forbidden?” “Because they are prepared by man's hands, and every object of idolatry which is prepared by man's hands is forbidden.” Said R. Akiba, “I will consider and decide before thee; every place in which you find a high mountain, and an elevated hill, and a flourishing tree, know that there is idolatry.”

7. “He who had a house joined to an idol, and it fell down?” “It is forbidden to rebuild it.” “What shall he do?” “He must first reduce the size of the house by four cubits, and then rebuild it.” “If the house be in common between him and the idol?” “It is decided to leave the four cubits unoccupied, as its stones, wood, and dust cause defilement like a worm, ‘Thou shalt utterly detest it.’ ”[456]

8. There are three sorts of buildings. The house originally built for idolatry is forbidden. “If the idolater whitewashed, and painted, and repaired it for the idol?” “He must take down his repairs.” “If he brought in and afterward took out the idol?” “It is allowed.”

9. There are three sorts of stones. The stone originally hewn for a pedestal to the idol is forbidden. “If the idolater whitewashed, and painted, and repaired it to honor an idol?” “He must take down his repairs.” “If he placed his idol upon it, and afterward took it away?” “It is allowed.”

10. There are three sorts of groves. The tree originally planted to honor an idol is forbidden. “If the idolater cut it, and hewed it, and made changes to honor an idol?” “He must take down his changes.” “If he placed an idol beneath it and abused it?” “It is allowed.”

11. “What is a grove?” “That in which there is an idol.” R. Simon said, “everything that is worshipped, as it happened in Zidon at the tree where they worshipped, and they found beneath it a heap. Said R. Simon to them, ‘examine this heap.’ And they examined it and found in it an image. He said to them, ‘as the object of service is the image, we shall allow the tree to you.’ ”

12. One must not sit in the shadow of an idolatrous grove, and though he sit, he is legally clean. And one must not pass underneath it; even if one pass he is defiled. “If it occupy the public thoroughfare and one pass beneath it?” “He is clean.”

13. One may sow underneath it vegetables in winter, but not in summer. But lettuce[457] must not be sown either in summer or winter. R. José said, “not even vegetables in winter, since the leaves would fall upon them and serve them for dung.”

14. “Has one taken wood from it?” “Its wood is forbidden for every use.” “Has one heated an oven with it?” “If the oven be new it must be broken down, and if old it must be cooled down.” “Has one baked bread in it?” “The use of the bread is forbidden.” “Are the loaves mixed with other loaves, and these again with others?” “The use of all the loaves is forbidden.” R. Eliezer said, “its value is to be [pg 193] cast into the Salt Sea.” The Sages replied to him, “there is no redemption for idolatry.” “Has one made out of such a tree a weaver's shuttle?” “Its use is forbidden.” “Has one woven a garment with it?” “The use of the garment is forbidden.” “Is the garment mixed with other garments, and these again with others?” “The use of all the garments is forbidden.” Rabbi Eleazar said, “its value is to be cast into the Salt Sea.” The Sages replied to him, “there is no redemption for idolatry.”

15. “How is the tree to be desecrated?” “Has the idolater broken off dry bark, or green boughs; has he taken from it a staff, or a twig, or even a leaf—it is desecrated.” “Has he trimmed it for the sake of the tree?” “It is forbidden.” “Has he trimmed it, but not for the sake of the tree?” “It is allowed.”

Chapter IV

1. Rabbi Ishmael said, “three stones[458] beside each other at the side of the image of Mercury are forbidden, but two are allowed.” But the Sages say, “when they are within his view they are forbidden, but when they are not within his view they are allowed.”

2. “Has one found money on his head, a garment, or implements which are not offerings?” “They are allowed.” Festoons of grapes, wreaths of ears of corn, and wines, and oils, and fine flour, and everything similar offered on his altar are forbidden.

3. A garden or a bath for idolatry is permitted for use when it is gratuitous. But neither is to be used if a present for the worship of the idol be expected. If it be in partnership with others that are not so employed, either can be used, whether it be with the expectation of a present or gratuitous. The idol of idolaters is at once forbidden, but the idol of Israel is not forbidden until it be served.

4. An idolater may desecrate his own idol, or the idol of his companion. But Israel must not desecrate the idol of an idolater. In desecrating the idol he desecrates what appertains [pg 194] to it. “Has he desecrated what appertains to it?” “What appertains to it is allowed, but the idol itself is forbidden.”

5. “How is it to be desecrated?” “He cuts off the lobe of its ear, the tip of its nose, the end of its finger—he deforms even though he does not diminish it—it is desecrated.” “He spits before it, he drags it, and throws dirt upon it?” “It is not desecrated.” “Has he sold it or pledged it?” Rabbi says, “it is desecrated.” But the Sages say, “it is not desecrated.”

6. The idol, the service of which is abandoned in the time of peace, is allowed. “But if its service be abandoned in time of war?” “It is forbidden.”[459] The royal pedestals[460] are forbidden, because they are erected at the time when kings are travelling.

7. The elders were asked in Rome, “If God has no pleasure in idolatry, why does He not destroy it?” They replied to the Romans, “If the idolaters were serving a thing which was not necessary to the world, He would destroy it, but they serve the sun-disk, and the moon, and the stars, and the signs of the zodiac. Shall he destroy his world on account of the fools?” They replied to them, “If so He can destroy the object which is not wanted for the world, and leave that which the world wants.” They replied to them, “even we should be strengthening the hands of the worshippers of such objects; they would say, there is a proof that they are gods, because they are not destroyed.”

8. One may buy a wine-press pressed by an idolater, even though he take grapes with his hand and lay them on the heap of grapes, as it is not made the wine of idolatrous libation till it runs into the vat. “Has it run into the vat?” “That which is in the vat is forbidden, but the remainder is allowed.” One may tread with an idolater in the wine-press, but one must not gather grapes with him. One must not tread or gather grapes with an Israelite who works in a state of defilement. But one may carry with him empty barrels to the press and bring them away with him from the press. One [pg 195] must not knead nor prepare with the baker who works in (a state of) legal defilement, but one may carry the bread with him to the dealer in bread.

9. “If an idolater be found standing by the side of a wine vat, and if he have any loan upon it?” “It is forbidden.” “If he have no loan on it?” “It is allowed.” “Has he fallen into the vat and come out again, or measured it with a cane; has he driven away a hornet with a cane; or has he given a slap to the fermentation on the top of the barrel?” All these things once happened, and the (Sages) decided, “Let it be sold.” But R. Simon “allowed it.” He took the barrel and flung it in a rage into the vat. This once happened, and the Sages allowed it.

10. “Has one made the wine of an idolater without legal defilement, and left it in his possession in a house open to public concourse—in a city in which there are idolaters and Israelites?” “It is allowed.” “In a city in which all are idolaters?” “It is forbidden till he leave a watchman, and it is not needful that the watchman sit and watch. Even though he goes in and out it is allowed.” R. Simon, the son of Eleazar, said, “all possession of wine by idolaters is alike.” “Has one made the wine of a heathen without legal defilement, and left it in his possession, and the idolater afterward wrote to him, I have received from you the money for the wine?” “It is allowed.” “But if the Israelite wish to withdraw it, and the idolater do not permit him, till he shall give him his money for it?” This once happened in Bethshan, and the Sages “forbade it.”

Chapter V

1. “Has an idolater hired an Israelite to make with him wine of idolatrous libation?” “His wages are forbidden.” “But if he hired him to do with him another work, even though he say to him, ‘carry for me a barrel of wine of libation from place to place?’ ” “His wages are allowed.” “Has one hired an ass to bring on him wine of idolatrous libation?” “The hire is not allowed.” “Has one hired out the ass for riding, even though the idolater put his wine flask upon him?” “The hire is allowed.”

2. Wine of idolatrous libation which fell on grapes must be cleansed away, and they are allowed. But if the grapes be crushed, they are forbidden. “Has the idolatrous wine fallen on figs or on dates?” “If it convey to them a taste, they are forbidden.” It happened once with Baithus, son of Zonan, that he brought dried figs in a boat, and a barrel of wine of idolatrous libation was broken, and it fell upon them, and he consulted the Sages and they allowed them. This is the rule: In every use where the taste is conveyed, it is forbidden. But where in its use no taste is conveyed, it is allowed. It is like vinegar which has fallen on peas.

3. “An idolater who was carrying with an Israelite pitchers of wine from place to place?” “If it be certain that the idolater is watched, it is allowed.” “If the Israelite let him know that he is departing—if there be time to bore, to close, and to seal the pitcher?” R. Simon, son of Gamaliel, said, “it is not allowed if there be time to open, to cork, and to seal it again.” “And an Israelite put his wine into a carriage, or into a boat, and he has gone a near cut—he entered the city and washed?” “It is allowed.” “But if he let the idolater know that he is departing, if there be time to bore, and cork, and seal it again?” R. Simon, son of Gamaliel, said, “it is not allowed if there be time to open the barrel and cork and seal it again.” “If he leave the idolater in the wine-shop, even though he go in and out?” “It is allowed.” “But if he let the idolater know that he departs, if there be time to bore, and cork, and seal it again?” R. Simon ben Gamaliel said, “it is not allowed if there be time to open, and to cork, and to seal it again.” “Did he dine with the idolater at table, and he left a flask on the table, and a flask on the sideboard, and he left them and went out?” “That one which is on the table is forbidden, but that one on the sideboard is allowed.” “But if he said to him, ‘you may mix and drink wine, even that one on the sideboard is forbidden?’ ”[461] “Open barrels are forbidden, also sealed ones, when there is time to open, and cork, and seal them up again.”

4. If foreign banditti have entered into a city in time of peace, open barrels are forbidden—closed ones are allowed. [pg 197] If the banditti have entered in time of war, both are equally allowed, because there is no time for idolatrous libation.

5. When an idolater has sent to workmen of Israel a barrel of wine of idolatrous libation for wages, it is allowed to say, “give us its value.” “But if it has come into their possession?” “It is forbidden.”

6. “Has one sold wine to an idolater?” “If he agreed for the price before it is measured, its payment is allowed.” “Has he measured it before he agreed for the price?” “Its payment is forbidden.”

7. “Has one taken a funnel and measured wine into the bottle of an idolater, and he then turned round and measured wine into the bottle of an Israelite?” “If the funnel retain a drop of the wine of the idolater, the wine is forbidden.” “Has one poured the wine from vessel to vessel?” “That vessel from which he poured it is allowed, and that one into which he poured it is forbidden.”

8. Wine of idolatrous libation is forbidden, and even a little of it renders forbidden—wine in wine, and water in water—how much soever they be, and wine in water, and water in wine, in giving a taste. This is the rule: If both be of one sort, however little; if they be of different sorts, in giving a taste.

9. These things are forbidden, and even a little of them renders other things forbidden. Wine of idolatrous libation, and idols, and skins of beasts with the hearts torn out, and an ox that was stoned,[462] and a heifer that is beheaded,[463] and the birds from the leprosy, and the hair of the Nazarite,[464] and the first-born of the ass, and flesh in milk, and the scapegoat, and the profane animals[465] which were slaughtered in the Temple court. These are forbidden to be mixed with other things; and if so mixed, even a little of them renders other things forbidden.

10. “Wine of idolatrous libation which has fallen into a vat?” “All its use is forbidden.” R. Simon ben Gamaliel said, “it may all be sold to heathens, excepting the value of the wine of idolatrous libation which is in it.”

11. “A stone-press which an idolater has prepared with pitch?” “It must be cleansed, and it is clean.” “And if of wood?” Rabbi said, “it should be cleansed”; and the Sages said, “one must peel off the pitch; but if it be made of earthenware, even though one peel off the pitch, it is forbidden.”