The-jerusalem-talmud.pdf

THE JERUSALEM TALMUD FIRST ORDER: ZERAÏM TRACTATE BERAKHOT

w G DE

STUDIA JUDAICA FORSCHUNGEN ZUR W I S S E N S C H A F T DES JUDENTUMS

H E R A U S G E G E B E N VON E. L. E H R L I C H

BAND X V I I I

W A L T E R DE G R U Y T E R · B E R L I N · N E W Y O R K 2000

THE JERUSALEM TALMUD Ή ^ Ι Τ TiD^n FIRST ORDER: ZERAÏM •^ΊΤ Π 0 TRACTATE BERAKHOT rro-Q rooo EDITION, TRANSLATION, AND COMMENTARY BY HEINRICH W. GUGGENHEIMER

WALTER DE G R U Y T E R · B E R L I N · NEW YORK 2000

© Printed on acid-free paper which falls within the guidelines of the ANSI to ensure permanence and durability.

Die Deutsche Bibliothek — CIP-Einheitsaufnahme The Jerusalem Talmud: first order Zeraïm ; tractate Berakhot / ed., transi., and commentary by Heinrich W Guggenheimer. - Berlin ; New York : de Gruyter, 2000 (Studia Judaica ; Bd. 18) Einheitssacht.: Talmud bavl'i {engl.) ISBN 3-11-016591-0

ISSN 0934-2575 © Copyright 1999 by Walter de Gruyter GmbH & Co. KG, D-10785 Berlin All rights reserved, including those of translation into foreign languages. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage and retrieval system, without permission in writing from the publisher. Printed in Germany Printing: Werner Hildebrand, Berlin Binding: Lüderitz & Bauer, Berlin

Preface

The Jerusalem Talmud is the precursor and basis of the Babylonian Talmud, the Midrash literature, and much of synagogal poetry.

It is no

exaggeration to say that a genuine understanding of all of rabbinic literature f r o m the first millennium C. E. requires k n o w l e d g e and understanding of the Jerusalem Talmud. The present edition is based on the editio

princeps

and manuscripts,

without any emendations. A close examination of the text shows that it is in good condition and the places where an emendation would be desirable are few, even for a Tractate as large as the first one, Berakhot.

For ease

of study, the text in the present edition has been subdivided

into

paragraphs and vocalized following the rules of rabbinic Hebrew.

An

extensive commentary is given. Since most of the existing commentaries rely heavily on emendations, the commentary is based on an independent new study, using the oldest available sources.

The relation of the

Jerusalem to the Babylonian Talmud is discussed in the Introduction. I wish to thank my wife, Dr. Eva Guggenheimer, w h o acted as critic, style editor, proof reader, and expert on the Latin and G r e e k vocabulary. Her o w n notes on some possible Latin and G r e e k e t y m o l o g i e s are identified by (E. G.).

Contents

Introductions Introduction t o T a l m u d i c L i t e r a t u r e Historical Background

1

Talmud, Midrash and Synagogal Poetry

11

Survey of Times of Tanna'im and Amoraïm

15

Babylonian and Jerusalem Talmud

16

Introduction to the Talmud Yerushalmi Text of the Jerusalem Talmud

28

Order Zeraïm

32

This Edition of the Talmud Yerushalmi

33

Tractate Berakhot

38

Chapter 1, 'ΠΟ'κη Halakhah 1

39

Halakhah 2

86

Halakhah 3

92

Halakhah 4

95

Halakhah 5

97

Halakhah 6

109

Halakhah 7

111

Halakhah 8

117

Halakhah 9

146

Chapter 2, i m p mn

VIII

CONTENTS

Halakhah 1

156

Halakhah 2

174

Halakhah 3

175

Halakhah 4

196

Halakhah 5

217

Halakhah 6

224

Halakhah 7

231

Halakhah 8

238

Halakhah 9

251

Chapter 3, ina» 'a Halakhah 1

256

Halakhah 2

283

Halakhah 3

288

Halakhah 4

295

Halakhah 5

308

Halakhah 6

324

Chapter 4, ιπ®π nVsn Halakhah 1

327

Halakhah 2

361

Halakhah 3

366

Halakhah 4

382

Halakhah 5

389

Halakhah 6

396

Chapter 5, p a w f X Halakhah 1

403

Halakhah 2

423

Halakhah 3

438

Halakhah 4

440

Halakhah S

445

Halakhah 6

453

CONTENTS

IX

Chapter 6, p n a o τ ϊ ό Halakhah 1

455

Halakhah 2

481

Halakhah 3

485

Halakhah 4

486

Halakhah 5

490

Halakhah 6

495

Halakhah 7

502

Halakhah 8

503

Chapter 7, ltaKW

roto

Halakhah 1

507

Halakhah 2

521

Halakhah 3

529

Halakhah 4

536

Halakhah 5

539

Halakhah 6

542

Chapter 8, D ' i a i i t o Halakhah 1

550

Halakhah 2

559

Halakhah 3

571

Halakhah 4

572

Halakhah 5

576

Halakhah 6

579

Halakhah 7

583

Halakhah 8

592

Halakhah 9

594

Chapter 9, π κ η η Halakhah 1

599

Halakhah 2

620

χ

CONTENTS Halakhah 3

629

Halakhah 4

661

Halakhah 5

663

Halakhah 6

667

Halakhah 7

675

INDICES Index of Biographical Notes

689

Index of Biblical Quotations

692

Index of Greek and Latin Words

695

General Index

697

INTRODUCTIONS

Introduction to Talmudic Literature Historical Background We have very little detailed information on the religious life of the Jewish people between the conquest of the Land under Joshua and the Babylonian exile. From the complaints of the prophets, we see that Baal rituals were widely followed. These rituals were of a magical nature and their object was the prevention of crop failures that would imperil survival of individuals and communities. Since the prophets do not in general complain about neglect of Jewish ceremonial law, it is very likely that Jewish ritual was scrupulously followed even by Baal worshippers. The complete elimination of polytheistic tendencies f r o m the body of Jewish practices after the Babylonian exile may be attributed to the experience of the disaster of the destruction of Jerusalem but also to the fact that, both in Babylonia and in the resettled Persian province of Yehud (after 515 B.C.E.), the Jews were part of a great empire with government roads where in case of crop failure in one province, relief could be brought in from the outside, so crop failure was no longer a matter of life and death. The reports in the books of Ezra and Nehemiah on the organization of the new Jewish commonwealth stress the reestablishment of religious rituals, and the basic features of what today is called "rabbinic Judaism"

2

INTRODUCTIONS

stem f r o m this period.

For the first three hundred years of this

development, our sources are very scanty.

At that period also, the

majority of Jews were still living in Babylonia and of their history extremely little is known, nothing at all of their intellectual history besides the fact that a thriving Jewish community persisted there in the middle of a sea of Gentiles. The persecutions that preceded the Maccabean revolt were of relatively short duration and, since they had a happy outcome, did not create a need to record religious practices for future generations. Even in the times of the First Temple, there seems to have been a division between popular-prophetic religion, depending on the traditions of the Oral Law, and the organized established Temple cult, lead by King and High Priest who insisted that only the priests were the genuine authorities for teaching the Written Law. This division becomes explicit and deep at the Return from Babylonia 1 . It will be seen f r o m the Talmud text (9:7), that the split was already in evidence at the time of the Return. In books on Jewish history, the high-priestly party of the later Sadducees who rejected the Oral Law, is usually described as being more worldly than the representatives of the Oral Law, the later Pharisees. But the development of ultra-observant Sadducee sects, who avoided all contacts with Gentiles and the unobservant, is now known to precede the Hasmonean revolt 2 . Pharisee sects of the latter kind are known only f r o m the last generation preceding the destruction of the Second Temple.

1

Cf. H. Mantel, The Secession

of the Samaritans.

The Përushim

or

Bar Han Annual vii-viii

(5729-5730) 162-177. 2

Detailed arguments are given by BenZion Wacholder and Martin G. Abegg

in the Introduction to Fascicle 3 of A Preliminary

Edition of the Unpublished

Sea Scrolls, Biblical Archeological Society, Washington D.C., 1995.

Dead

TALMUDIC LITERATURE

1

Pharisees, the later rabbinic Jews, whose main tenet was the use of rules of interpretation of the Oral Law to adapt the commands of the Torah to changing circumstances, always represented the religious majority. (Another difference was that Sadducees only believed in the survival of the soul but not in bodily resurrection, as against the Pharisees.) In the more than 500 years of the existence of the Second Temple, a body of religious practice evolved in the implementation and extension of Torah commandments. It seems that a need for exact formulation and promulgation of accepted rules arose first in the times just preceding the Hasmonean revolt; in any case, the first such proclamation (Mishnah ldiut 8:4) dates from that time. In the century preceding the destruction of the Second Temple, the emerging necessity of codifying religious law put an end to the prior practice of promulgating only those rules that could be adopted unanimously. Of the emerging two schools, the one headed by the Babylonian Hillel and his descendents kept strictly to the old Pharisaic principles while the one headed by the Judean Shammai tended more towards sectarian interprétions and, in particular, stricter interpretation of rules of intercourse with Gentiles [as shown in the "eighteen rules" (Mishnah Sabbat 1:4), promulgated during the ascendancy of the House of Shammai, many of which were designed to make intercourse with Gentiles almost impossible.] The catastrophy of the first war with the Romans and the destruction of the Temple (in 71 C.E.) led, shortly thereafter, to the disappearance of sects. The only permanently surviving school was that of Hillel, whose head at that time, Rabban Yohanan ben Zakkai, escaped from Jerusalem during the siege and requested permission from Vespasian, the commanding general of the Roman armies, to organize a Jewish place of study at Jabneh, in the plain. Jabneh had been the personal property of

4

INTRODUCTIONS

Miriam, the last Hasmonean and wife of Herod. In her will, she gave Jabneh to Livia, wife of Augustus. Herod, after murdering his wife, had no choice but to execute her will. Consequently, Jabneh became the personal property of the Emperor and not part of the province of Judea; hence, it was not under martial law. [Probably, Vespasian had no direct authority to dispose of Jabneh; Rabban Yohanan ben Zakkai chose Jabneh because it was an oasis of peace in a country at war, and he asked for it since he considered Vespasian to be the next emperor.] Rabban Yohanan seems to have survived the war only for a few years. One of his great innovations was the introduction of the title "Rebbi" f o r a person authorized to render religious decisions. No titles are found earlier, except that for two or three generations the title "Rabban" was used for the head of the Synhedrion. In the next two generations his students, mainly R. Eliezer ben Hyrkanos and R. Joshua ben Hananiah and their students, were busy adapting Judaism to a permanent existence without a Temple and collecting all statements of interpretation of Biblical verses and proclamations of religious practice they could obtain. The bulk of this work must be credited to Rabbis Eliezer and Joshua. It is probable also that the opinions of the school of Shammai came to posterity through R. Eliezer. Hillel's great-grandson, Rabban Simeon ben Gamliel I, was president of the revolutionary government in the war with the Romans.

His son,

Gamliel II, could become president of the Synhedrion only after a change in the Roman government (probably accession of Nerva in 96 C.E.). Rabban Gamliel died before the revolt of Bar Kokhba, but he cannot have died too long before that revolt since his son, Rabban Simeon ben Gamliel II, notes that he himself was still a child at the time of the siege of Betar. After the death of Rabban Gamliel, the leadership of the Synhedrion was

TALMUDIC LITERATURE

1

in the hands of Rebbi Aqiba. Rebbi Aqiba and his older contemporary Rebbi Ismael are credited with introducing systematic and coherent methods of derivation of practical implications from Biblical verses. Rebbi Joshua was a strong supporter of submission to Rome under all circumstances. After his death and that of Rabban Gamliel, Rebbi Aqiba became a supporter of the messianic movement of Bar Kokhba. As a consequence, Rebbi Joshua's nephew, Hananiah, left Judea and founded a House of Study at Nahardea, modelled after that of Jabneh. This town in Babylonia, near the lower Euphrates, was the traditional place of exile of king Joiachin, and capital of the Jews of Babylonia. Two generations later, Hananiah's descendant Samuel (bar Abba) was the first to make his Babylonian academy a leading institution in world J e w r y .

When

Hananiah left, R. Ismael took his House of Study out of harm's way and established it at Kefar Darom, near Gaza in Philistia. The catastrophy of the war of Bar Kokhba, culminating in the fall of Betar in 138 C.E., destroyed all Jewish learning and most of the Jewish presence in Judea. Public Jewish learning was forbidden in all of the land of Israel, now renamed Palestine, for a period of unknown length, possibly until the accession of Septimius Severus in 193 C.E. (or, at the least, until Marcus Aurelius after 161 C.E.). All we know of the intellectual activity of Jews between the canonization of the Hebrew Bible and 138 C.E. comes to us from the reconstruction of the ancient material by the leaders of the generation following Bar Kokhba (with the exception of a few Sadducee materials f r o m the Geniza and Qumran, and f r o m books in Greek written by Jews, also mostly of Sadducee tendencies, preserved by Gentiles, such as Sirah and the writings of Philo and Josephus.) The circumstances of the transmission of all this material to the next generation are unclear. The Babylonian Talmud (Yebamot 62b) reports

6

INTRODUCTIONS

that all students of R. Aqiba, who numbered in the thousands, died and that "the world was empty of learning until R. Aqiba came to our teachers in the South: R. Meïr, R. Yehudah, R. Yose, R. Simeon, and R. Eleazar ben Shamua, and transmitted his knowledge to them." In one version of Seder Tannaim and Amoraim ascribed to R. Joseph Τον 'Elem, these teachers and R. Nehemiah are called "students of R. Aqiba who after the latter's death disagreed about the meaning of his sayings," but in another version preserved in Mahzor Vitry they are "students of R. Aqiba who never saw R. Aqiba and did not live in his generation. 3 " Since R. Aqiba was first imprisoned and then executed towards the end of the war of Bar Kokhba, it is unlikely that he ever went South 4 , outside of Judea proper, to the House of Study of R. Ismael. Also, the chronology noted above gives support in the main to the second version of Seder Tannaim

and

Amoraim, which is the reading of the school of Rashi. R. Meïr is the author of a collection of rules that one generation later became the foundation of the Mishnah,

the authoritative source of

statements proclaimed as valid by the Patriarch R. Yehudah the Prince (ben Rabban Simeon ben Gamliel II) and the basis of rabbinic Judaism to this very day. It is attested both in the Babylonian and the Jerusalem Talmudim (Yebamot, 12la, 12d) that R. Meïr was a personal student of R. Aqiba. Nothing is known of his ancestors. R. Yehudah (bar liai) is the author of a collection of laws derived from the verses of the book of Leviticus that in the following generations was

3

See Mahzor Vitry, ed. S. Horovitz, Nürnberg 1923, p. 486, note r.

4

In the Talmud Yerushalmi composed in Galilee, "South" usually means Judea,

or better the only part of Judea still inhabited by Jews, the region around Lod. But since R. Aqiba lived in that region, he cannot be said to have gone there.

7

TALMUDIC LITERATURE

edited as Sifra (or Torat Cohanim).

This book, while reputed to contain

the teachings of R. Aqiba, follows the method of R. Ismael. This fact gives credence to the second version of Seder Tannaim and Amoràim,

to

the effect that the other five sages were graduates of the school of R. Ismael versed in the teachings of R. Aqiba. R. Yose (bar Halaphta) is the author of a collection that became Seder Olam, a chronology of the world starting from Creation, which is the basis of our count of "years after Creation." He did not collect statements of law but his opinion is always considered the most authoritative one in this group. R. Simeon (bar Iohai) is the author of a collection that later became Sifry, the collection of laws derived from the books of Numbers and Deuteronomy. Sifry on Numbers follows the method of R. Ismael, that on Deuteronomy also the method of R. Aqiba. It is not impossible, given the preceding, that both books go back to collections of R. Simeon. R. Nehemiah is the reputed author of a collection of laws which later became the (or one) Tosephta.

(The current Tosephta

may be a much

later collection.) It is known that R. Nehemia's father was a scholar but his name is unknown.

His family is said to be that of the Biblical

Nehemiah. R. Eleazar ben Shamua' did not survive the persecutions following the war of Bar Kokhba.

With R. Aqiba, and R. Yehudah ben Bava who

ordained the six sages when ordination was a capital crime, he is counted among the Ten Martyrs. The Tannaïtic corpus, the collection of works having their roots in the works of the scholars between the destruction of the Temple and the edition of the Mishnah, also contains a few minor w o r k s and the Mekhilta,

the collection of laws (and homilies) attached to verses of

8

INTRODUCTIONS

Exodus, attributed to R. Ismael (ben Elisha) of the preceding generation. (A second Mekhilta, falsely attributed to R. Simeon, was edited in the first post-tannaïtic period in Galilee 5 . The other collections mentioned were probably edited for posterity in Babylonia.) This is almost all we have from earlier periods. Some scholars of the last generation of Tannaim are reported to have made collections similar to R. Meïr's; none of these have survived. It is clear from the preceding that statements attributed to any one of these sages do not usually originate with them but are earlier traditions accepted and transmitted by these teachers. For example, the opinion ascribed by the Tosephta (Terumot 2:12, H allah 2:11) to Rebbi Yehudah regarding the boundaries of the Land of Israel is already found in Josephus's Jewish Antiquities in his description of the boundaries of the land of Canaan6.

[A different subject are mystical themes that in later

Amoraic sources are adapted from earlier Sadducee Jewish sources. The sources of Philo and their influence on the development of Amoraic mysticism have not yet been sufficiently studied.] When the public study of Torah was again permitted through the influence of R. Yehudah bar liai with the Roman government, the Academies and Houses of Study were all in Galilee, with the exception of a small circle of students at Lod, in the plain East of Jerusalem. The population of Galilee took almost no part in either war and so came through almost unscathed, except for the severe economic circumstances.

5

Mekhilta

edited by H. S. Horovitz, I. A. Rabin, Berlin 1931 (reprint

Jerusalem 1960.) Mekhilta

deR. Simeon bar Yohai,

edited by J. N. Epstein, E. Z.

Melamed, Jerusalem 1955. 6

Jewish

Antiquities

1.130.

The editor of the Loeb edition erroneously

identified Okeanos not with the sea beyond the Straits of Gibraltar but with the Indian Ocean.

TALMUDIC LITERATURE

2

Historically and chronologically we are on safer ground starting with the edition of the Mishnah, since the history of Talmudic Babylonia was compiled, on the basis of documents, by the 10th Century C.E. Gaon, Sherira, in his famous "Letter". The first edition of the Mishnah was complete in 218 C.E. when Rav (Rav Abba bar Ayvo) left the Academy of R. Yehudah the Prince to return to his native Babylonia and to start his own Academy at Sura (Mata Mehassia) in friendly competition with Samuel's Academy at Nahardea. It seems that the entire time of the Severan (Pseudo-Antoninan) dynasty (193-235 C.E.) was a very good one for Jews in general and those of the Land of Israel in particular. The title "Rav" was coined expressly for Rav by Rebbi Yehudah the Prince (who usually is just called "Rebbi") to indicate an ordination that does not include authorization to judge matters pertaining to the laws of the Land of Israel. It became the title of all ordained rabbis outside the Land. As explained above, the Mishnah is a collection of religious traditions based on the prior collection of R. Meïr. It is authoritative but very short. Immediately after publication of the Mishnah, an intensive effort started to connect the rest of traditional rules to those of the Mishnah and to elucidate its elliptic, often cryptic, statements. That effort took place both in Galilee and in Babylonia and resulted in the "Jerusalem" (really, the Galilean) and the Babylonian Talmudim. Rebbi must have survived several years after 218, since the Jerusalem Talmud is based on a later version of the Mishnah (although the differences between the Jerusalem and the Babylonian texts are small.) He may well have seen the start of the reign of Alexander Severus in 222 C. E. (The latter might be the emperor Antoninus, friend of Rebbi, in Jewish tradition. All emperors of the Severan dynasty and most later ones in the third century called themselves Antoninus.)

10

INTRODUCTIONS

Rebbi is counted as the last of the Tannaim, the "proclaimers", who formulated Jewish law in the period starting with the establishment of the Synhedrion at Jabneh. A new period starts in Jewish intellectual history with the death of Rebbi. In his will, Rebbi had appointed his son Gamliel (III) as patriarch but the presidency of his Court of Law and the House of Study was given to the Babylonian-born R. Hanina (bar Hama). From that moment on, the house of Hillel retained the political patriarchate but never regained leadership in spiritual and intellectual matters.

The

Academy soon moved to Tiberias while the patriarch resided in Sepphoris; other centers of study sprang up, generating a great flowering of intellectual activity under very adverse economic circumstances.

A

parallel activity appeared at the same time in Babylonia. The great and varied activity of the time is all based on the Mishnah edited by Rebbi; the sages of the period are called Amoraim, "leaders of discussion." The exterior circumstances of the period in Palestine were not auspicious. Alexander Severus was murdered in Germany in 235 C.E.. After his death there followed a period known as the Military Anarchy, characterized by a quick succession of mostly unsuccessful pretenders to the throne who debased the currency and thereby caused rapid inflation and general decline of commerce and wealth. At that time, the oasis state of Palmyra gained a measure of independence; Odenathus, its ruler, attempted to occupy Babylonia and destroyed Nahardea, the Jewish center. When Palmyra was subdued by Aurelianus, the only Roman emperor of the period who managed to have a stable reign, the Yeshivah of Samuel relocated from the destroyed Nahardea to Pum Beditha, where it stayed until after the Arab conquest, when it removed to the newly created capital of Baghdad. The Military Anarchy came to an end with the accession of Diocletian in 284 C.E. He reorganized the Roman state in

TALMUDIC LITERATURE

11

the manner of despotic absolutism and introduced a new, stable currency based on honest gold coins. The rapid improvement of the economy was followed by the victory of the Christian church in Constantine's edict of 313 C.E.; under Constantine's sons and successors the church started an unceasing war against Jewish doctrine that b e c a m e vicious under Theodosius I (from 379 C.E.) and led to the end of the patriarchate around 425 C.E. and the emigration of the last House of Study to Damascus at about that time. The rulers of Babylonia after the destruction of the Seleucid empire by the Romans in the first century B.C.E. were the Parthians, an Afghan tribe not much interested in administration. The Parthians gave the peoples under their dominion great autonomy; Jewish courts in Parthia had full criminal jurisdiction and the Davidic Head of the Diaspora was recognized as local ruler. The Parthians were overthrown by the Persian Ardashir in 226 C.E. The Persians kings were Zoroastrians. Many were friendly to the Jews; others were Zoroastrian zealots. Troubles for the Jews were intermittent in the Talmudic period, but became permanent in the century preceding the Arab conquest in 642 C.E.

Talmud, Midrash, and Synagogal Poetry The Galilean sages of the third century C.E., living under the difficult economic conditions described above, invented three literary forms that dominated the intellectual life of Jewry for over 1500 years: Talmud, Midrash, and synagogal poetry. [Archeological evidence shows at the same time an extraordinary growth of Jewish activity in Galilee, best represented by the building of synagogues.]

12

INTRODUCTIONS

Synagogal poetry goes back at least to the last generations of Tannaïm; both Talmudim quote fragments of poetry f r o m that time. Also, Rav, returning to Babylonia from his studies in Galilee, introduced the use of poetic inserts ( p i y y u t i m ) into the liturgy of his academy of Surah. The autochthonous academy of Pum Beditha never accepted any poetic inserts, not even on the high holidays, as r e p o r t e d in Geonic responsa. Ashkenazic prayer traditions were originally modelled a f t e r those of Southern Italy, which in turn were patterned on Galilean usage. Southern Italy belonged to the Byzantine empire of Justinian.

That emperor

forbade the study of Jewish law but permitted Jewish prayer; hence, Byzantine authors used the vehicle of poetry to teach much of Talmudic and Midrashic information to the people. But the origin of this poetry goes back to Mishnaic times. [Ashkenazic liturgies were filled with poetry both of Palestinian/Syrian and Ashkenazic origin. Sephardic prayers were always patterned on the Babylonian model; while Spain produced great liturgical poets it never really accepted poetry as the body of prayer (except for penitential compositions admitted and composed also in Babylonia.) Most synagogal poetry was eliminated starting around 1800 C.E. f r o m Ashkenazic orthodox prayers by the combined influence of Hasidim, who tried to follow the Sephardic pattern, the Gaon of Wilna who did not tolerate any deviation f r o m Babylonian patterns, and Mendelssohnian reform.] The history of the Midrash covers more than 1000 years. The Midrash in most of its forms contains outlines of homilies on Biblical verses and is the main repository of Jewish ethical teachings. The oldest Midrashim, Bereshit Rabba and the old Tanhuma,

refer mainly to Amoraïm of the

last Galilean generations, R. Berekhiah and R. Tanhuma. However, both contain examples of people who spend hundreds of thousands of sesterces

TALMUDIC LITERATURE

12

for a garment, which illustrates the hyperinflation of the Military Anarchy. Rebbis Berekhiah and Tanhuma seem to have been the first systematic collectors of homilies that have come down to us; rabbis f r o m the time of the Military Anarchy are reported to have had their own books of sermons. The greatest flowering of Midrashic literature occured in the Byzantine empire, after the conclusion of the Talmud, but it would not exist without the collections of the Amoraim. The Talmud is the main creation of the last three quarters of the third century C.E. As reported earlier, after the promulgation of the Mishnah as official rule book of Jewish practice, an intense effort of clarification of its meaning began simultaneouly in Galilee and Babylonia. In the first century of this development, the two c o u n t r i e s m o v e d

together,

influenced by frequent travels of Galilean sages to Babylonia and the influx of Babylonian students to Galilean academies. The man who turned this effort into the creation of the Talmud was Rebbi Yohanan (bar Nappaha), the head of the academy of Tiberias, who died in 279 C.E. His method was to elucidate the Mishnah by referring it to related statements f r o m other collections of tannaitic statements, so-called

baraitot,

"external" pronouncements (i. e., external to the Mishnah) and to analyze the underlying principles. This naturally made it necessary to try to attach carefully to each statement the name of its author, to avoid comparing apples and oranges.

A natural consequence was that also in amoraic

reasonings it is necessary to record the name of the person who makes the statement and the chain of transmission.

It is assumed that a student

follows the reasoning of his teacher unless he explicitly disclaims it; this rule is valid for both tannaitic and amoraic statements in both Talmudim. That gives the Talmudim the possibility

to explore different chains of

reasoning simultaneously without getting self-contradictory. The basic

14

INTRODUCTIONS

method and the basic scope are identical in both Talmudim. However, the formalized, condensed language in which the discussions are conducted is much m o r e developed in the Babli than in the Yerushalmi; this again shows the priority in time of the Yerushalmi. Not all technical terms of the formalized language retain their exact meaning in the migration f r o m Galilee to Babylonia; the Y e r u s h a l m i c a n n o t be r e a d in t e r m s of Babylonian practice. In addition, both Talmudim contain much extra-legal and extra-logical material, called aggadic, included mostly to make some point of practice that depends more on a moral than on a legal/scriptural basis. The first written version of the Jerusalem Talmud that has come down to us is the compilation of civil law contained in the first three tractates of the order Neziqin, "torts". This is a short manual f o r lawyers and judges rather than a reasoned derivation of anything. It was probably collected in Caesarea (Philippi) at the end of the third c e n t u r y C.E.

It is not

characteristic for the other parts of the Talmud and has come to us only because the compilers of the Talmud, under pressure by a h o s t i l e government turned into an agent of the Christian church, did not have time to go over the material a second time. (R. Saul Lieberman, in miöVn ino'iT?, Complement to Tarbiz

4, 1931, gives a detailed analysis of the

d i f f e r e n c e s b e t w e e n the redaction of Neziqin

and t h e rest of t h e

Yerushalmi in methodology, tradition, and language. He concludes that the tradition there is that of Caesarea because of the o v e r w h e l m i n g number of quotes from sages known to have lived, taught, or studied, at Caesarea.

Almost certainly, the r e m a i n d e r of the Y e r u s h a l m i was

composed in Tiberias.

The residence of R. A b b a h u , and p l a c e of

compilation of the oldest parts of the Yerushalmi, is usually placed at Caesarea-on-Sea. The reason for identifying Caesarea as Caesarea Philippi

TALMUDIC LITERATURE

11

(Banias) are given in the commentary to the Talmud.) We do not know when the Jerusalem Talmud was compiled in its present form. The work seems to have started at the same time that the rules of computation of the Jewish calender were published by the Academy led by R. Yose of the Fourth Generation of Galilean Amoraïm 7 , sometime between 325-350 C.E. The last Amorai'm mentioned in that Talmud lived in the third quarter of the fourth century; they probably were the final editors of the text b e f o r e us.

The Babylonian Talmud was compiled first in the

Academy of Rav Ashi, shortly after the work on the Yerushalmi had stopped. Its final edition was prepared by Rabina III and his school, almost a century later 8 .

Survey of the Times of Tannaim and Amoraim All dates given a r e of the Common Era. Tannaitic Era Dates C.E. 60-80

Generation First Rabban Yohanan ben Z a k k a i Destruction of the Temple in 71 Second Rebbis Eliezer and Joshua, Rabban Gamliel Third Rebbis Aqiba and Ismael

80-110 110-138

Bar Kokhba revolt crushed in 138, persecution of Jewish faith (138 )200 200-220 218-225

Fourth

Rebbis Meïr and Yehudah, Rabban Simeon ben

Gamliel Rebbi (Yehudah the Prince) Transition f r o m Tannaim to Amoraim Parthian rule in Babylonia overthrown by Persians Fifth

7

Yerushalmi 'Eruvin 3:11 (fol. 21c).

8

This does not exclude that some notes in that Talmud w e r e inserted later, in

Gaonic times.

INTRODUCTIONS

M

Amoraïtic Era Dates C.E. 220-250 250-290

290-320 320-350 350-375 375-425 425-460 460-500

Generation First

Babylon Rav and Samuel

Israel R. Hanina, R. Oshaya, R. Yannai Second Rav Huna, Rav Yehudah R. Yohanan, R. Simeon ben Laqish Military Anarchy in Roman Empire Third Rabba and Rav Joseph R. Zeïra, R. Hiyya bar Abba Roman Empire becomes Christian Fourth Abbaie and Rava R. Yose and R. Jonah Fifth Rav Papa R. Mana, R. Yose bar Abun End of Patriarchate, exile of the Galilean Yeshivah to Damascus Rav Ashi Sixth Seventh Mar bar Rav Ashi Eighth Ravina III and Rav Yose, editors of the Babli

Babylonian and Jerusalem Talmud The Babylonian Talmud shows two distinct phases in its development. The first one, spanning the Amorale period in the third century, is strictly parallel to the activities in the Land of Israel: intensive research for collections of baraitot and systematization based on the Mishnah. The second period was started by the heads of the academy of Pum Beditha in the first quarter of the fourth century, Rabba (Rav Abba bar Nahmani) and Rav Joseph (bar Hiyya), who introduced the method of dialectical analysis to elucidate the underlying principles of chains of laws and whose goal was a unified understanding of all the vast branches of talmudic rules. This second phase is almost totally lacking in the Jerusalem Talmud. At the time of its compilation, the Galilean Amorai'm acted under enormous pressure from the Christian church and had no time to assimilate new methods. Dialectics is the distincly Babylonian contribution to Jewish thought and is the feature that brought the Babylonian Talmud to be studied exclusively in Northern, and almost exclusively in Southern, Europe. Dialectical hairsplitting, considered the trade-mark of talmudic

TALMUDIC LITERATURE

17

argument, is characteristic of Babylonian talmudics. As a consequence also, the Jerusalem Talmud is lacking the long arguments that extend over several pages, so characteristic of the Babylonian Talmud. The method of presentation in the present edition of the Jerusalem Talmud, to split the text into its natural paragraphs and to give the translation following the text, would lead to unwieldy, long sections in the Babylonian Talmud. The relationship between the Babylonian (Babli) and J e r u s a l e m (Yerushalmi) Talmudim is a complicated one. While there is a visible influence of Babylonian teaching on the teachings in the Land of Israel, there is no influence of the Babylonian Talmud on the Yerushalmi since the first edition of the Babli, under Rav Ashi, only started when the work on the Yerushalmi was forcibly ended. The Babli we have today, apart from distortions introduced by Gentile censors and generations upon generations of Jewish learned emendators, is the result of a second and third going over by the later Ravina and the group of editors known as Maranan

Savoraë

(about 475-550 C.E.).

Any investigation of the

influence of the Yerushalmi on the editorial process of the Babli must concentrate on those parts that are recognizeable as the first level of Talmudic activity or on actual decisions, not on the dialectical part. It must also be noted that the two Talmudim are not completely parallel. The tractates on agricultural laws peculiar to the Land of Israel, including the laws of giving and receiving charity, are developed only in the Yerushalmi.

The tractates on laws of sacrificing, including ritual

slaughtering, are developed only in the Babli. The influences of the Yerushalmi on the Babli have many aspects. We give examples of some of these aspects.

li

INTRODUCTIONS

Babli 'Avodah Zarah 38b: Statement of law: Shetitaäh

(a cereal made f r o m roasted flour), Ra ν

permits (to buy from unsupervised Gentile vendors) but Samuel's father 9 and Levi forbid it. Preliminary discussion: Everybody agrees that it is permitted if made from wheat or barley and that it is forbidden if it is made f r o m peas in vinegar. <Since roasted pea meal is very sweet, it may be necessary to unsweeten it by vinegar and Gentile vinegar is forbidden if made from grapes.) The difference of opinion refers only to cereal made f r o m pea meal with water; one party is of the opinion that one must forbid peas in water so that people would not buy peas in vinegar but the other party does not think it necessary. Another opinion: Everybody agrees that cereal made f r o m peas is forbidden (for the reason just stated); the disagreement is over wheat or barley. One party thinks one must forbid one because of the other, the other party does not think so. Side remark: shetitaäh

Rav said:

Barzilai the Gileadite sent both kinds of

to David, as it is written (2Sam. 17::27-28): "a couch, basins,

pottery, wheat, barley, flour, roasted; as well as beans, peas, and roasted 10 ." Conclusion: Today, shetitaäh

is brought in barrels to the markets of

Nahardea and nobody cares for the opinion of Samuel's father and Levi, although Samuel's father was the head of the academy of Nahardea and

9

His name is Abba bar Abba; this shows that he was a posthumous child.

Since this is a very unfortunate circumstance, such persons are usually described by circumlocutions; cf. E. Guggenheimer and H. Guggenheimer, Etymologisches der jüdischen 10

Familiennamen,

München 1996, p. xviii.

The two mentions of "roasted" refer to the two kinds of

shetitaäh.

Lexikon

TALMUDIC LITERATURE

JL2

his rulings should be followed in his home town. (It is clear that "today" does not mean the time of the edition of the Talmud, since Nahardea was destroyed in the middle of the third century; it refers to Rav's lifetime.) It seems difficult to understand why Rav's side remark could take the place of a reasoned discussion on the merits of the positions of the parties. Also, the Talmud seems to approve of the actions of the populace of Nahardea even though Rav himself was known to insist that wrong actions of the unlearned should never be condoned. It follows that the side remark is no side remark at all but is Rav's proof of his position and that, in the opinion of the editors, the opposing party had no counter argument. The reason seems to be that the Yerushalmi was known to all students of the Babli. There, Qiddushin 2:1, fol. 45b, we find a discussion of the verses Neh. 7:63-65, dealing with priestly families returning f r o m Babylonia: "The descendants of Barzilai; they married of the daughters of Barzilai and were called after them. These tried to find the documents of their [priestly] status but without success, so they were excluded from the priesthood. The governor told them not to eat most holy things until there would be a priest for Urim and Tummin 11 ." The Talmud comments: "These daughters of Barzilai, did they convert honestly or with ulterior motives 12 ? If they (the daughters of Barzilai) converted honestly, they (their male descendants) should eat most holy things; if they converted with ulterior motives, they should not eat any holy things 13 ! Even if you

11

The divine oracle carried by the High Priest that could be asked to d e c i d e

their case. But there was no oracle in the Second Temple. 12

In order to be able to marry a Jewish husband without really a c c e p t i n g all

teachings of Judaism. 13

Since their sons would not be Jews, much less priests.

20

INTRODUCTIONS

say that they converted honestly, is a convert not like a prostitute as far as marrying a Cohen goes 14 ? Explain that they were not daughters but daughters of daughters15." The entire discussion makes sense only if we assume that Barzilai, who appears as partner of Shovi ben Nahash the Ammonite from Rabbat Ammon, was not a Jew. Hence, the problem of Rav and the father of Samuel was decided 1200 years earlier by David, who accepted both kinds of shetitaäh from Gentiles. It follows that, although in general the second opinion given in the Talmud is the authoritative one, here we follow the first opinion of the preliminary discussion, and the people of Nahardea were completely right to follow the ruling of King David against that of their own rabbi, Abba bar Abba. Both Talmudim are written in very condensed form and, in large parts, are intelligible only on the basis of orally transmitted explanations. Such an oral tradition is missing for the Yerushalmi; hence, today it is impossible to understand the Yerushalmi without first having acquired a thorough understanding of the thought processes underlying the stereotyped language of the Babli. Even so it is wrong to assume that the Yerushalmi must be understood in the sense of the Babli; quite the contrary: since the Babli assumes that one knows the Yerushalmi, it is incumbent upon the student of the Yerushalmi to analyze the formulations and to understand the modifications introduced by the editors of the Babli. Any subject discussed in the Yerushalmi and not taken up by the Babli may be considered as having been accepted in

14

As Ezechiel said (£z. 44:22), they should only marry "virgins f r o m the seed

of the house of Israel;" i. e., born to two Jewish parents. 15

Their mothers had converted and m a r r i e d Jewish husbands.

daughters were "from the seed of the house of Israel."

Then the

11

TALMUDIC LITERATURE

practice by the editors of the Babli and represents current practice. [This is the explicit attitude of Aliassi (end of 'Eruvin, S 687). Maimonides, w h o is r e p o r t e d t o h a v e c o m p i l e d a list of t h e l a w s c o n t a i n e d in t h e Y e r u s h a l m i , a d m i t s not only the Y e r u s h a l m i , but also the h a l a k h i c Midrashim as independent sources of Halakhah 1 6 .] It must be noted that for those parts of the Mishnah for which there is only a Yerushalmi, the quotes in the Babli o f t e n are just quotes and not a r e w o r k i n g of the Yerushalmi. [Since Ashkenazic prayer texts are basically of Yerushalmi origin, their adaptation to Babylonian patterns was a very slow process extending over the last 1000 years; in many prayer practices we still follow Yerushalmi opinions against explicit B a b y l o n i a n rules to the contrary as noted by Tosaphot, 'Arakhin

3a, s. v. "WK^J

The oral tradition of the Babli, as t r a n s m i t t e d in the B a b y l o n i a n academies during the 500 years following the edition of the Talmud, has c o m e to us in a very f r a g m e n t a r y state in responsa of the Babylonian Geonim and their books, in a more complete way in the c o m m e n t a r y of R. Hananel of K a i r a w a n in Tunisia, the c o m m e n t a r y ascribed to R. G e r s h o m of Mayence, and, a b o v e all, in the c o m m e n t a r y of Rashi (R. Shelomo ben Isaac of Troyes, 1040-1105). Rashi was a student of R. Jacob ben Yaqar, a student of R. Gershom ben Yehudah, w h o was a student of Rav Hai Gaon. Hence, he was continuing the living Babylonian tradition, just as R. Hananel was both through his father R. Hushiel who had studied

16

In the introduction to Mishneh Torah, he writes: "From the t w o Talmudim,

Tosephta, Sifra, and Sifri, from all of these is made clear what is forbidden and was is permitted . . . ." For example, in Mishneh Torah, Hilkhot follows Sifra

Isure

Bi'ah

21:8 he

Aharë Parashah 9:8 [and its parallel Yerushalmi Gittin 8:10 (fol. 49c)],

with an incongruous attempt to a c c o m o d a t e the contrary decision of the Babli,

22

INTRODUCTIONS

in Babylonia and through extensive correspondence with Rav Hai Gaon. Since Rashi always notes when his explanation deviates f r o m that of his teachers, we may assume that his commentaries represent the historic interpretation of the Babylonian Talmud. Rabbenu Hananel quotes the Yerushalmi very frequently; his student R. Isaac Aliassi brought the Kairawan tradition to Spain and with it the study of the Yerushalmi as a tool for the understanding of the Babli. On the other hand, it seems that Rashi never saw a copy of the Yerushalmi except the section

Zeraim

dealing with the laws of the Land of Israel; his quotes of Yerushalmi material in matters of halakhah

are f r o m sources originating in the

Babylonian academies. The commentary to the Babli tractate Nazir, which goes under the name of Rashi, is not by Rashi himself but by his son-in-law, Yehudah bar Natan. It may be assumed that everything R. Yehudah bar Natan knew, he learned from Rashi. At the end of chapter 3 (20b), commenting on the words of the Talmud: "Can you say that Rav formulated a stringent rule and would not agree to a simple consequence?" R. Yehudah bar Natan explained that "the stringent rule" referred to here is not found in the Babli at all, but in Yerushalmi Sanhédrin 5:2 (fol. 22d). Since the study of the commentary of Rabbenu Hananel, and with it knowledge of the Yerushalmi, came to Northern France only in the generation of Rashi's grandsons, we see not only that the Babli takes a statement in the Yerushalmi for granted but also that the corresponding tradition was preserved in the Babylonian academies. In Babli Sabbath

85a, on Rebbi Hiyya bar Abba's discussion of the

verse (Deut. 19:14): "Do not move the boundary of your neighbor which

Yebamot 76a.

21

TALMUDIC LITERATURE

the early ones designated," the Talmud explains that the 'early ones' were the Sons of Seïr called Horites in Gen. 36:20, but a man of their tribe is called a Hiwwite in 36:2; otherwise Hiwwites appear in Genesis as inhabitants of Sichern, and neither of these groups has any connection with Amorites. Hiwwites."

Rashi explains "the early ones" as "Amorites and

The Amorites belong to the Canaanites that the same R.

Hiyya bar Abba declares as authors of the boundaries in Yerushalmi Κ il'aim 4:6; Rashi's explanation is based on a Yerushalmi tradition. Aggadic parts of the Babylonian Talmud frequently are shortened versions of Yerushalmi sermons; the reader will find several examples in the present volume, Berakhot,

e. g., in Halakhot 4:3, 5:7. In general, as

explained above, Midrashim and midrashic material are f r o m the Land of Israel. Many medieval authors, in particular Ashkenazic ones, have a tendency to call all midrashic sources "Yerushalmi." The current text of the Babli has undergone many changes in the course of centuries, either through Christian censors [mainly the Jesuit censor of the Basel print (1578-1581) and the Russian censor of the Wilna print (1859-1866)] and 17th century Jewish emendators (those of Solomon Lurie, Maharshal, and Samuel Eliezer Halevi Idels, Maharsha,

have been

17

absorbed into the text and are now unrecognizable as such ). The early manuscript tradition of the Talmud is unknown; most early copies of the Talmud have been burned by the Church.

In the case of reading

differences between the untampered-with first Venice prints (after 1520, mainly based on Sephardic or Byzantine manuscripts) and the only

17

The process has been documented in detail by R. Raphael Rabbinovicz in the

introduction to the first volume of his Diqduqe

Sopherim,

Munich 1867 (Reprint

New York 1960), and in a separate volume on the printing of the Talmud.

24

INTRODUCTIONS

completely preserved Talmud of the Ashkenazic tradition (Munich manuscript, written 1343), it is often difficult to decide which version is preferable. The manuscript tradition of the Yerushalmi is still poorer; there is only one reasonably complete manuscript (Leyden) that is the main Vorlage of the Venice print, one not very good manuscript of the first part (Zeraim, agricultural laws) and Sotah,

and a few Genizah

fragments. But the text of the Yerushalmi, not being studied very much, has escaped the hands of emendators, and, having been published before the time of the Council of Trent, also those of the Christian censors. Hence, in parallel passages, the Yerushalmi can be a valuable tool in selecting the uncorrupted reading in the Babli. The printed editions of the Babli read in Bava Qama 112b: "Rav Ashi said in the name of Rebbi Sabbatai."

The reading of the Munich

manuscript and an Aliassi manuscript is: "Rav Joseph in the name of R. Sabbatai." Some manuscripts, as well as the printed versions of Aliassi and R. Asher ben Yehiel (Rosh) read: "Rebbi Assi in the name of R. Sabbatai." R. Raphael Rabbinovicz, the author of Diqduqe that the last reading is the only correct one.

Soferim,

already noted

The parallel in the

Yerushalmi (Sanhédrin 2:10, fol. 25d) reads: "R. Yose in the name of R. Sabbatai."

R. Z. Frankel in his M avo Hayerushalmi

(Breslau 1870) and R.

Arieh Leib Yellin in Y efe Enaim ad loc. (in the Wilna Talmud) note that the Babylonian Rebbi Assi, who became head of academy and famous authority in Galilee, is called R. Yose or R. Yasa in the Yerushalmi. Hence, the third reading is the only correct one and the second one resulted from a misguided "correct" writing of the shortened name Yose as Biblical Joseph (and does not refer to Rav Joseph bar Hiyya.) In Babli Sanhédrin

51a: "Ravin (Rebbi Avin) sent in the name of R.

Yose ben R. Hanina." In the parallel in the Yerushalmi (Sanhédrin 7:1, fol.

21

TALMUDIC LITERATURE

24b): "Rebbi Abbahu in the name of R. Yose ben R. Hanina."

The

Yerushalmi version is the correct one since Ravin emigrated to Babylonia and taught in the Yeshivot there; he had no need to send anything by mail. A frequently vexing question in the Babli is the distinction to be made between sayings of Π3Ί Rabba, Rav Abba bar Nahmani, and those of his student Κ2Ί Rava, Rav Abba bar Rav Joseph bar Hama. However, many times the author of the statement in question is neither Rabba nor Rava, but rather one of the many Palestinian Amoraïm named Rebbi Abba ('3Ί Kll '3T ,K2 '3Ί ,Κ2Κ). For example, in Yebamot 102a, the prints read: "Rabba said in the name of Rav Cahana who said in the name of Rav," but Alfassi and Rosh read: "Rava." In the parallel in the Yerushalmi, Yebamot

12:1

(fol. 12c), the statement is by "Rebbi Abba in the name of Rav Yehudah in the name of Rav." This Rebbi Abba was a Babylonian, student of Rav Huna as was Rabba, who emigrated to Galilee and there became an important teacher.

Even though we cannot distinguish in the Babli

between Rabba and Rebbi Abba, we can exclude the reading "Rava" with confidence. In Yebamot 49a there is a question whether to read "R. Joshua" or "R. Yehudah" in the Mishnah. A parallel discussion in Yerushalmi

Qiddushin

3:14 (fol. 64d) decides the matter clearly in favor of the first reading. The Yerushalmi often is useful in rejecting emendations of or detecting insertions into the text of the Babli. For example, in Avodah Zar ah 14a, a statement introduced by m m "for it was proclaimed in a baraita,"

is

emended by the editors to |Jm "for it was proclaimed in a Mishnah," referring to the Mishnah on p. 8a. However, the Yerushalmi and the Mishnah manuscripts of the Palestinian tradition (and Alfassi manuscripts) do not have the clause in question; one must conclude that it was introduced into the Mishnah of the Babli from the later baraita, after the

26

INTRODUCTIONS

final edition of the Babli but long before any of the surviving manuscripts of the Babli were written. In Berakhot

48a, in a discussion of the relationship between king

Yannai and Simeon ben Shetah, the printed Talmud text has: "Rebbi Abba, son of R. Hiyya bar Abba, said in the name of R. Yohanan." The last clause is missing in the Munich manuscript and this is the preferred reading of R. Rabbinovicz, and, for reasons of talmudic style, of R. Isaiah Berlin. However, the parallel in the Yerushalmi (6:2, fol. l i b ) , clearly designates R. Yohanan as author of the statement. Hence, unevenness of style is no argument in judging the text of the Talmud. Similarly, the usual style of the Babli is to call 'J'DO nWD1? natoi, "practice going back to Moses on Sinai" any rule that is part of the establishment of Jewish practice by Ezra and Nehemiah, and simply na^n, "practice," any decision inserted by the last editors.

In the Yerushalmi there are no

decisions inserted by the editors and "practice" there has the same meaning as "practice going back to Moses on Sinai" in the Babli. "practice" in Babli Gittin

However,

18a is the same as "practice" in Yerushalmi

Yebamot 4:11 (fol. 6b). Hence, this is not an insertion of the last editors and, here also, stylistic uniformity is not a necessity in the Babli. [However, as mentioned earlier, R. Eliahu Rahamim Ziani considers all or most insertions of the last editors as taken from the Yerushalmi.] Another example of the importance of the Yerushalmi for the simple understanding of the Babli is the statement of Rava in Berakhot

15b: "In

reading the Shema', one has to be careful in the reading, among other words, of f r ä s aiVìi 'ésev bësàdëkhâ."

It is known that the alternative

pronunciations of risana, while their existence in ancient Hebrew speech is corroborated by Phoenician sources, were not observed in daily speech in the Talmudic period.

So the fear is that one will say either

ésev

TALMUDIC LITERATURE vësàdëkhà

or èseb bësàdëkhâ

21

and pronounce the two words as one.

Which of these possibilities is the background of the saying?

Rava's

statement appears as an anonymous statement in Yerushalmi Berakhot 2:4 (fol. 4d). It is known that during the Talmudic period in Galilee, under the influence of spoken Greek, every 3,3 was pronounced β = Ivi.

(In later

times, many Jewish communities in Arabic speaking countries lost the soft "b".)

The statement of Rava does not give information about the

phonetics of Babylonian Jewish speech. The intricate relationship between Yerushalmi and Babli is another indication of the true historical character of the Talmudim and it shows that the thesis, that the Babli was written, not edited, by the Savoraë, has no basis in fact. The last Babylonian teacher mentioned in the Yerushalmi is Rava; this shows that the editing of the Yerushalmi came to an end long before Rav Ashi and the first collection of the Babli. R. Eliahu Rahamim Ziani 18 has argued recently that the

Maranan

Savaraë inserted many of the decisions of the Yerushalmi into the Babli. There exists an extensive literature 1 9 but as yet no e x h a u s t i v e investigation on all these problems.

18

naVn 'VVai 'miao pn, Haifa 1992.

19

Numerous Journal articles and, among others, the books

H. Albeck, naVnV pn'i κηοοιπι >«n"naa o'ipna, Mossad Harav Kook, Jerusalem 1969. Zwi Moshe Dor, Vaaa Vmw-fix min, Dvir, Tel Aviv 1971. J. N. Epstein, ο'ΐοΐΒκη nnooV nwian, Magnes-Dvir 1949. J. N. Epstein, mwnn nouV xiaa, Magnes-Dvir 1964. Z. Frankel,

'DVWITÎI

xiaa, Breslau 1870.

E. Shechter, oVwtvi 'Vaaa mwnn, Mossad Harav Kook, Jerusalem 1959.

28

INTRODUCTIONS

Introduction to the Talmud Yerushalmi

Text of the Jerusalem Talmud As mentioned earlier, there exists only one reasonably complete manuscript of the Yerushalmi and its text is mostly identical with that of the Venice print, 1522-23. Both in the manuscript and in the printed edition, several chapters at the end of tractates are missing; these probably were lost during the centuries. There exists one other manuscript, in Rome, containing the entire first order and tractate Sotah of the third order, and some remnants of manuscripts from the Cairo Genizah. The scribe of the Rome manuscript was neither careful nor educated; nevertheless, the manuscript is useful in many places. A manuscript of the Fourth Order of the Yerushalmi is in the Escurial library in Madrid. In establishing a correct text it is useful that parallel discussions in different tractates are copied word by word from one another; hence, the text at one place can be used to check the text at another place. This is not true for the Babli; there, no two parallel discussions are identical. In addition, quotes of the Yerushalmi in Gaonic literature can be considered verbally correct. The quotes in later medieval authors have to be used with caution. First, they often are paraphrases and not exact quotes and, second, Ashkenazic authors call "Yerushalmi" anything of Palestinian origin, including (or even, mainly) midrashic sources. Some modern authors even postulate the existence of a separate Ashkenazic "Yerushalmi book," containing practical rules from Yerushalmi and Midrashim. (Fragments that might be viewed as such a text have lately

TALMUD YERUSHALMI

29

been identified by J. Sussman.) In any case, the uncertainty is so great that quotes by medieval authors may be used for meaning but not as sources of the text. The Venice text was reprinted, with a few additional typographical errors and a very rudimentary commentary, at Cracow in 1620.

This

edition was later reproduced (Krotoschin 1866, New York 1948).

The

edition mostly in use today is the Wilna edition from the 1920's, which is indispensable because of the m a n y c o m m e n t a r i e s added to the text. However, the text in many places has been emended, mostly following the Babli, and the division into Halakhot in many places does not follow the manuscript evidence. This is true also for an earlier Zhitomir edition. It will be seen in our text that the Yerushalmi needs no emendations. Since there is no Babylonian Talmud on the first order of the Mishnah, Zeraim, except for the first tractate, Berakhot, the two medieval standard commentaries on that Mishnah, those of Maimonides and of R. Simson of Sens, are based largely on the Yerushalmi and the corresponding Tosephta. In many places, R. Simson directly c o m m e n t s on the Yerushalmi; his readings have the weight of a minor manuscript. The present edition is intended to cover all of Zeraim, complementing the Babylonian Talmud. Two of the early modern commentators of the Yerushalmi, R. Shelomo Cirillo in Safed in the 16th century and R. Eliahu Fulda around 1700, produced their own texts of the first order of the Yerushalmi.

The

sources of R. Cirillo are unknown; since his text is contemporary with but independent of the Venice print, he must have had manuscripts at his disposal. It is not clear whether his deviations f r o m the Venice text are based on manuscript evidence or are conjectural smoothings of the text and adaptations to the Babli. His spelling definitely shows a copyist used to Babylonian texts. Hence, his readings cannot be used as substitutes of

2Û

INTRODUCTIONS

the Venice text without corroborating evidence. His text in manuscript is in the British Museum; it has been partially published only in this century (the first few tractates were added to the last Wilna print.) The deviations in the text of R. Eliahu Fulda almost certainly are his own changes. The oldest surviving commentary on the Yerushalmi after R. Cirillo, for tractate Berakhot only, is by R. Eleazar Ascari of Safed. This is also one of the best commentaries available and the present editor is much indebted to him.

At the same time, R. Samuel Yafeh Ashkenazi in

Constantinople (Istanbul) wrote a commentary on the midrashic parts of the Yerushalmi. His readings, as well as those of the seventeenth century Constantinople halakhic c o m m e n t a r y Sedeh

Yehoshua

by R. Joshua

Benvenist, seem to be based on manuscripts of the Sephardic community there; but these manuscripts have not come down to us. In the eighteenth c e n t u r y , t h e r e appeared t w o c o m p r e h e n s i v e commentaries on the Yerushalmi. R. David Fraenkel wrote a commentary and notes on those parts not dealt with by R. Eliahu Fulda (1743-1762). R.

Moses Margalit wrote a commentary on the entire Yerushalmi,

published between 1750 and 1770.

R. Margalit is unsurpassed in

explaining the difficulties of the text; for the resolutions of the difficulties, R. David Fraenkel is a much better guide. R. Margalit is an extreme emender of the text. Somewhat later, the Gaon Eliahu of Wilna rekindled interest in the Yerushalmi among his students; he himself also wrote short commentaries on the first order of the Yerushalmi and gave many emendations of the text, practically all of them inspired by the Babli. The most important work of the nineteenth century on the Yerushalmi is that of R. Zacharias Frankel, founder of the Rabbinical Seminary of Breslau. His "Introduction to the Yerushalmi" (Breslau 1870) is still most valuable, as are his commentaries of the first tractates of the Yerushalmi.

21

TALMUD YERUSHALMI

His successor, R. Israel Lewy, wrote the standard commentary on tractate Bava Qama, which was published in the annual reports of the Breslau seminary f r o m 1895-1914.

For most t r a c t a t e s of the Babli, the

commentary Y efe Enayim by R. Arieh Leib Yelin (Wilna, 1880-1886, based on earlier work by Joshua Heshel, Wilna 1869) is a safe and almost complete guide to parallels found in the Yerushalmi and midrashic literature. For certain tractates, the commentaries and notes of R. Jacob David of Stuck (published 1900) are also valuable. A French translation by M. Schwab (published 1872 ff.) of the entire Jerusalem Talmud, with minimal notes and based on a text distorted by numerous emendations, is now available on a CD-ROM (Le Talmud

de Jérusalem,

Editions Les

temps Qui Coulent, Paris 1998). The quotations f r o m the Yerushalmi in the medieval sources then known were collected by Dov Baer Ratner in the twelve volumes of his work Ahavat Zion wiYerushalaim,

Wilna 1901-1917. However, as noted

before, these quotations have to be used with caution.

Earlier, two

brothers-in-law, R. Mordecai Zeëv Ettinger and R. Joseph Saul Nathanson of Lviv (Lemberg), used these quotations in a reasoned approach, to try to establish the text of the Yerushalmi. Their notes were published in the Zhitomir edition, 1860-1867.

A much larger work, based on their

approach and the work of Ratner, was produced by Samuel Shraga Feigensohn for the Wilna edition of the Yerushalmi. produced

an

introduction

to

the

Yerushalmi,

Feigensohn also taken,

with

acknowledgement, mainly from R. Z. Frankel's work. Of twentieth century works, the most useful, if used with proper care, are the commentary Tevunah by R. Isaac Eizik Krasilshchikov of Poltava, the works of R. Saul Lieberman (Talmuda deKesarin,

Jerusalem 1931,

Tosephta kifshutah. New York 1956-1988), L. Ginzburg (A

commentary

22

INTRODUCTIONS

on the Palestinian Talmud, New York 1941-1961), the comparison of the Mishnah in both Talmudim by R. Dr. Elimelech Shechter (Jerusalem 1959), and the commentary on the first chapters of Berakhot

by R.

Shelomo Goren (Jerusalem 1961).

Order Zeraim The tractates of order Zeraim, "Agricultural Laws", treat the following topics: 1. Berakhot,

"Benedictions," 9 chapters.

The laws of prayer,

benedictions before and after meals, and sundry benedictions. It is placed at the start of the Mishnah because of the first topic and is part of the discussion of agricultural laws because of the second one. 2. Peah, "Corner (of the field)," 8 chapters. The obligation to leave a corner of every field for the poor to harvest, and all similar laws that favor the poor, including the general rules for giving charity and its communal organization. 3. Demai, "Deficient Produce," 7 chapters. Laws about produce bought from a Jew who cannot be trusted to have given the prescribed tithes and their heave as described in the following tractates. Discussion of the relations between observant and ignorant Jews. 4. Kilaim,

"Mixed (produce; textiles)", 9 chapters.

The Biblical

prohibitions to plant or sow different species on the same field, cross-breed different species of animals and plants, and to weave wool and linen together. 5. Sheviit, "Seventh Year," 10 chapters. The laws of the Sabbatical Year, when all planting and sowing is prohibited, and the laws on the remission of debts in that year.

TALMUD YERUSHALMl

21

6. Terumot, "Heaves," 11 chapters. The heaves, the obligatory gifts to the priest from any harvest, both from the farmer and from the Levite who receives the tithe, and the laws of ritual purity applying to heaves. 7. Ma'serot, 'Tithes", 5 chapters. The tithe to be given to the Levite, the "second tithe" that in the years 1,2,4,5 of any sabbatical cycle is eaten by the farmer and his family in Jerusalem, and the "tithe of the poor" to be given in years 3,6 of that cycle. 8. Ma'ser sheni, "Second Tithe," 5 chapters. The rules applying in Jerusalem to all food that must be consumed there, be it the second tithe or any similar obligation such as the fruits of the fourth year of a newly planted tree or vineyard, and the redemption of such food by money. 9. Hallah, 4 chapters. The rules for taking the priest's share from any dough in ritual purity. 10. Orlah, 3 chapters. The rules for treating a fruit tree the first three years after its planting when its fruit may not be eaten. 11. Bikkurim, "First Fruits", 3 chapters. The rules of designating first fruits for dedication to the Temple and the ceremonies of their presentation in the Temple.

This Edition of the Talmud Yerushalmi The text of the Talmud given in this edition is that of the Venice print except that in cases of obvious misprints or scribal errors a manuscript text (from the Rome manuscript or Genizah fragments) or a text from an exact parallel in another tractate has been substituted, all with due acknowledgement. The reading of the Venice print is given in a note attached to the substituted word in the text. At several places (e. g. Peah 1:2), it can be seen from manuscripts that the "obvious" correction of

24

INTRODUCTIONS

scribal errors accepted by the commentators is incorrect and that the correct term is not one the Babli would have used. Since all editors and commentators are trained in the Babli, conjectural emendations are always inadmissible in the Yerushalmi. In addition, abbreviations have been expanded into full words. Nowhere has the Venice text been changed without manuscript evidence, except in the resolution of abbreviations; in a few places where there was no manuscript evidence but readings in medieval authors, the text has been left unchanged, but the translation, as fully explained in the notes, follows the medieval interpretation. Spelling is remarkably uniform in the several manuscript sources of the Yerushalmi. The rules of this spelling are quite different from those of the Babli. The Aramaic of the Yerushalmi is Galilean and is consistent with other Galilean sources; the Aramaic in the Babli is Babylonian. Spelling in the Babli is historical; the vowel letters (maires lectionis) V serve to indicate long vowels <5, ü; ι, è. In the Yerushalmi, spelling is phonetic with silent κ,π,π,ν often elided; V stand for long and short o, u; i. One also finds ' consistently used as a sign for zéré

but since this vowel

is identical with Greek η, which is ¿ in modern Greek, it is possible that was pronounced as if it were

The influence of Greek is also seen in the

phonetic equivalence of 3 ,3 ,l\ corresponding to β (weta), and often in the equivalence of ν,ν,Ό. Biblical quotes in the Talmud text were usually written by the scribe from memory and, hence, do not follow the masoretic rules of piene and defective spelling and, sometimes, not even the exact wording. These quotes have been left as they appear in the manuscript and have not been "corrected" to the official biblical spelling. In the Venice print, the Mishnah for each chapter is given at the start of the chapter; this is also usual in manuscripts of the Babli. In the present

21

TALMUD YERUSHALMI

edition, the Mishnah is given immediately before the relevant Halakhah. Inconsistent numbering of Halakhot has been made consistent wherever possible without changing the text. The text has been subdivided into logical units. Since Yerushalmi manuscripts and prints insert frequent periods, this division is easy to make and is quite natural. The logical sequence of these units is usually obvious; if not, it has been commented upon. The English translation is the result of an independent new study of the text; the notes are addressed to a reader with a rudimentary knowledge of rabbinic literature in general and the Babli in particular.

For the

understanding of the text of tractate Berakhot, I found the commentary by R. Eleazar Ascari to be the most useful, but naturally I also consulted the other standard commentaries as well as the works of R. Zacharias Frankel, Levi Ginzburg, and R. Saul Lieberman. I have tried to give a consistent account of the meaning of the text; I did not try to write an encyclopedia of all proposed interpretations.

Technical terms as

abbreviations for long explanations have been retained as essential elements of Talmudic style. The interpretation of these terms, as well as the identification of botanical and zoological names, follows the oldest sources available. The text has been vocalized.

In the vocalization of the Aramaic

portions, I have followed the language of the Jerusalem Targumim to the Hebrew Bible. Aramaic in the Yerushalmi is used only in the description of the speech of the unlearned and in a few aggadic inserts describing sermons. Discussions between scholars are always reported in rabbinic Hebrew. The Aramaisms (and Grecisms and Latinisms) of that language have to be considered as part of the Hebrew used, not as Aramaic or Greek, and are assumed to follow Hebrew vocalization rules.

26

INTRODUCTIONS

Any attempt to vocalize rabbinic H e b r e w texts raises d i f f i c u l t questions. As S. Morag has pointed out, vocalization of rabbinic Hebrew has never been standardized. It is inappropriate to use the rules of Biblical Hebrew for Talmudic and Medieval texts since in all dialects rabbinic Hebrew was stressed on the penultimate syllable.

The traditions of

Oriental communities (Yemen, Baghdad, Persia) derive f r o m Babylonian sources as exemplified by the Babylonian supralinear punctuation.

A

vocalization of the Yerushalmli should be based on Occidental sources but the remnants of Palestinian supralinear punctuation in Mishnaic texts are too few to serve as guidance. Since the study of the Yerushalmi was introduced to Northern and Southern Europe by the scholars of Kairawan in Tunesia, it is appropriate that the vocalization should follow Sephardic rules. In the present text, I did not try to reconstruct Mishnaic and Amoraic Hebrew based on one of the theories proposed on that subject, but I have followed rabbinic Sephardic tradition as expressed by eighteenth century vocalized texts from Livorno. The Livorno standard recognizes forte, uses meteg

dagesh

only to indicate wide qamaz (a) before shewa, and

maqqef to indicate short qamaz (¿5). Shewa after a long vowel is silent, otherwise the rules of Biblical Hebrew apply. In order not to change the text, the dagesh has been eliminated in cases where double consonants ,11 " t a k e the place of a single H e b r e w c o n s o n a n t with a Vocalization is always added disregarding matres

dagesh.

lectionis.

Ashkenazic rabbinic Hebrew had lost meteg, maqqef, and dagesh long before any surviving vocalized text was written.

forte

It pronounces

shewa only if absolutely necessary for the formation of the word. The appearance of meteg, maqqef,

and dagesh forte in modern Ashkenazic

prayer books is a result of the return to biblical patterns demanded by

TALMUD YERUSHALMI

21

Eliahu Wilna and Moses Mendelsohn in the second half of the Eighteenth Century.

An argument can be made that the pronunciation of the

Yerushalmi was close to Medieval Ashkenazic rabbinic Hebrew, i. e., Ashkenazic with "Sephardic" vowels.

A good s o u r c e b o o k f o r t h e

problems of vocalization of rabbinic texts is »ran ,V'rn pwVa D'inno faip a ' t o n D'Vun-p ,-ΙΒΚ—α m m disi 1 ? .

All abbreviations in the text have been expanded. Where needed, the titles Rebbi, Rav have been corrected without comment.

Biographical

notes, as far as such details are known, have been given for all persons quoted in the Talmud with special emphasis on the time of their activity. This is important for the understanding of the sequence of statements on any topic treated. Words of Greek and Latin origin have been identified as such; the original words are given in footnotes.

Since Greek was the spoken

language of most of the Gentile population in Galilee, it is the custom in "scholarly" treatment of Talmudic topics to refer Latinate words to their Byzantine Greek equivalents. But since the Eastern Roman empire (i. e., Byzantium) was administered in Latin until its destruction by the Western crusaders, there is no reason not to derive these words directly f r o m the Latin. While the Hebrew and Aramaic spelling of the Yerushalmi often seems to defy all rules, Greek and Latin words are transcribed with astonishing fidelity. The detailed grammar of the Yerushalmi is mostly unexplored. R. Z. Frankel, in his Introduction to the Yerushalmi (Breslau 1870), declares the Yerushalmi to be unmindful of grammatical rules. However, the most striking deviation of the Yerushalmi f r o m normative H e b r e w and Aramaic grammars, the occasional use of the third person singular form of a verb for all persons, genders, and numbers, is also found at a few

INTRODUCTIONS

places in the Jerusalem Targum and, therefore, has to be considered a characteristic feature of the speech of the times. Spelling, morphology, and syntax of the Yerushalmi should be recognized as following their own rules.

Tractate Berakhot Tractate Berakhot, "benedictions," deals roughly with four different topics, i) The first three chapters deal with the rules of recitation of Shema'.

The third chapter contains general rules of prayer for people

with certain disabilities; most of these rules apply equally to the recitation of Shema', prayer proper (the 'Amidah), and reciting Grace after meals, ii) Chapters four and five deal with laws of the 'Amidah, the eighteen benedictions on weekdays and seven on Sabbath and holidays, iii) Chapter six treats the benedictions to be recited before eating; chapter seven treats Grace after meals. These chapters justify the position of the tractate at the head of the order Zeraim of the Mishnah dealing with agricultural laws in all their ritual aspects. Chapter eight treats several other subjects connected with festive dinners, iv) Chapter nine finally treats all other kinds of benedictions that appear in the Jewish prayer book.

JUtfXn pHD TIO'ND

V V » ? ο>?π3πψ n j ^ n D'n^riì

."»ìV^if .-»n^ri

V I P 'γι^μο

H mxm

(foi. 2a)

n ^ T n i i v í o n r m o ^ N r i η ί ο -ry l ^ v u r c η!?ν?Ψ "TV υ ο ί κ

. i m q *τϋ ο η ) ? ί Ν

Mishnah 1: When does one start to read the Shema in the evening 1 ? From the time that the priests enter to eat 2 their Terumah3,

until the end

of the first night watch 4 are the words of Rebbi Eliezer 5 . But the Sages say until midnight. Rabban Gamliel says until the first sign of dawn6. 1

The Mishnah presupposes that

lost its role as glottal stop, the Mishnah

everybody knows that there is an

in the Yerushalmi has VsiV for classical

obligation to recite the verses Dent. 6:4-

VÍ3KV in the Babylonian Mishnah.

9 since it is written (v. 7) "You shall

3

teach them to your children and speak

the Cohen from agricultural produce

Terumah, the heave, is the gift to

about them when you sit in your house,

(Num. 18:12) and also the Cohen's part

when you go on the road, and when

of the tithes given to the Levites from

you are lying down and when you are

produce (Num. 18:26). These gifts must

getting up." Since it says "when you are

be eaten in ritual purity (Num. 18:13:

lying down" before "when you are

"every pure person in your family may

getting up", the obligation of the

eat it.") There are several stages in the

evening is discussed before that of the

cleansing from ritual impurity. Serious

morning.

impurities (defilement by a corpse, a

2

leper, or a sufferer from gonorrhea)

The spelling of the Yerushalmi is

largely phonetic, in contrast to the

need special rituals.

More common

Babli whose Hebrew spelling is his-

defilements, such as touching a dead

torical.

Since the κ was silent in

animal or coming in contact with a

Galilean speech of the time and had

more severely impure person, need

40

CHAPTER ONE

immersion in the ritual bath (miqweh).

Temple there were still places in Israel

This immersion removes impurity but

w h e r e the Cohanim could p u r i f y

does not yet allow a person to touch

themselves by the ashes of the Red

sanctified food or to enter the Temple

Heifer (in Galilee which was only

before nightfall, as it is said (Lev. 22:6-

minimally damaged by the two wars

7): "He may not eat of sanctified food

with the Romans.)

unless he immersed himself in water.

4

When t h e sun leaves he shall be

three (Babylonian) or four (Roman)

purified and after that he may eat of

watches.

the sanctified food."

[For the more

5

The night is divided either into

The name of R. Eliezer is attached

severe kinds of impurity, a sacrifice is

only to the statement about the night

needed b e f o r e the Cohen may eat

watch.

sacred food in the Temple; this does

evening Shema is accepted by every-

not concern us here.] The Halakhah

body. Rebbi Eliezer ben Hyrcanus was

will discuss the exact meaning of "the

one of the foremost students of Rabban

The start of the time of the

sun leaving" and its relation to sunset

Yohanan ben Zakkai, the founder of

and nightfall.

the Synhedrion of Jabneh a f t e r the

Today, no Cohen may eat any

destruction of the Temple. He was the

Terumah and the minimal amount set

most conservative of all teachers of his

apart for Terumah must be burned; it is

time and r e p u t e d to transmit old

ritually unclean from the start since

traditions most reliably.

nowadays everybody is defiled by the

6 It will be seen that the difference

impurity of dead bodies. That impurity

between Rabban Gamliel and the other

can be removed only by sprinkling

sages is practical rather than theo-

with water treated with the ashes of

retical. They agree that "when you are

the Red Heifer (Num. 19). The Mish-

lying down" mfeans "all the time that

nah was edited approximately between

you are lying on your bed" and not

200 and 220 C. E.

It must be assumed

"when you are ready to go to bed". The

that the rules of t h e Mishnah a r e

latter i n t e r p r e t a t i o n is that of R.

intended to be practical. It follows that

Eliezer.

130 years after the destruction of the

V P ? ? ? D > ? r p n y n v v P l?'?!· •)ΓΙ>3

VP??? e n *

ΠΝ V"PP > r i ψ π ι ρ M η ϊ ϊ η îiV^P

'S"! ^ ï i

-IW^T»?

^ ^

41

HALAKHAH1

ny^p

NjVN nyyp

i m

.V1V

.NID

I o n ? !

V?ï">i?

DV1 H i n Ηΐρφ

^Eì

ïrçv

v j J p v u ^ irei!? V P » ?

TIN"! . N I D Ν»>>> ' Τ Η Γ Ι ) Π ^ ψ

Ί ^ ? ÎJÎDÇl!?

nnpri

tçN

. Ν η ν η >K>i?p YÙ > - m HQW

cpírpny DIN

.ριψ NIDI

N¡?>ripn " p r p r n i í a

Halakhah 1. When does one start to read the Shema in the evening?. We have stated 7 : "From the time that the priests enter to eat their Terumah". Rebbi Hiyya stated 8 : "From the time that people enter their houses Friday evening to eat their meal." We have stated: "Their opinions are almost identical." Come and see: "From the time that the priests enter to eat their Terumah' is still daylight and the stars start to appear 9 , "from the time that people enter their houses Friday evening to eat their meal" is one or two hours into the night.

You want to say that the two opinions

are almost identical? Rebbi Yose 10 said: Explain it by people in hamlets who usually leave the roads when there still is some daylight because they are afraid of wild beasts. 7

'jn is t h e t r a n s l a t i o n of

Targum

Yerushalmi

f o r H e b r e w u n "to t e l l

formally".

It is a t e c h n i c a l term t h a t

vocalization 'in is t h e p r e v a l e n t o n e in the Yerushalmi 8

Targumim.

Rebbi Hiyya is R. Hiyya bar A b b a

implies a s t a t e m e n t of Tannai'm, t h e

bar A h a K a r s a l a f r o m K u f r a in Ba-

t e a c h e r s of t h e o r a l l a w w h o w e r e

bylonia, t h e g r e a t e s t of t h e s t u d e n t s

a c t i v e f r o m M a c c a b e a n t i m e s to t h e

and c o l l e a g u e s of Rebbi ( Y e h u d a , t h e

death of Rebbi Yehudah the Prince, the

editor of the Mishnah). Rebbi Hiyya is

compiler

The

c r e d i t e d with collecting t h e t a n n a i t i c

i n s i s t e n c e on t h i s b e i n g t a u g h t , or

m a t e r i a l t h a t R e b b i l e f t o u t of t h e

formulated, repeatedly, shows that a

Mishnah. The collection k n o w n as t h e

statement introduced by 'an is a f o r m a l

Tosephta

statement, carefully formulated for

m a t e r i a l e v e n t h o u g h in t h e c u r r e n t

oral repetition, and not just an ad hoc

form it is a Babylonian r e a r r a n g e m e n t .

statement

Now t h e T o s e p h t a ( B e r a k h o t 1,1) is

of

in

the

Mishnah.

a discussion.

The

is p r o b a b l y

b a s e d on his

42

CHAPTER ONE

quoted in the Babli (Berakhot 2b):

the earliest moment which can be

n'ansa ya© n ' i p niipV i'Vnna t d ' k ö

declared to be night. Hence, the other

'anya ins bisxV j ' d j s j m x 'ja® nswo

version of R. Mei'r, that people start to

nvwo ο'Ίβίκ o'sarn ν κ ο '3Τ n a n nina«?

eat Friday nights, must also mean an

1

•innnra Via« ? p«3T Donane "When may

early time. Since people return from

one start to read the Shema in the

work early on Fridays, being notified

evening?

of the approching Sabbath by the

From the time that people

enter to eat their meals on Friday

sounding of trumpets (Babli

Evening, says Rebbi Mei'r, but the Sages

35b), they will eat early. In particular

say from the moment that the Cohanim

in Babylonia, where synagogues were

are allowed to eat their Terumah."

out in t h e f i e l d s , Friday

seems that t h e T a l m u d d o e s

It

Sabbat

evening

not

services were held so that people could

indicate that R. Hiyya is reported here

return to town before the unlit roads

to quote the Tosephta but that there

became completely dark. In Israel, on

was a difference of opinion between

the other hand, synagogues were in

Rebbi and Rebbi Hiyya about which

towns and often the sermon was held

opinion of those mentioned in the

on Friday evening.

Tosephta should be accepted in the

rabba 9(9) that R. Mei'r was preaching

Mishnah as authoritative.

Friday evenings and even women came

There is a fundamental disagree-

It is told in Lev.

to hear the sermon at that time. Hence,

ment between the two Talmudim in the

the Sabbath meal was late. In Israel, R.

interpretation of R. Mei'r's opinion.

Mei'r's pronouncement was taken to

The Babli quotes a second version of R.

indicate a very late time.

Meir, "from the time that the Cohanim

9

immerse themselves in order to eat

comment, the Cohanim start to eat

Terumah." Since the Cohanim have to

when it is no longer day, but before it

concentrate on their status of purity

is completely dark.

between immersion and eating, in order

finition of "day," "twilight," "night" will

not

be given later in the present section.

to

touch

unclean

matter

As noted in t h e p r e c e d i n g

The exact de-

inadvertently, it is clear that they will

10

immerse themselves at or shortly after

Amora R. Yose (probably, ben Zabida),

sunset, when it is still clearly day and

not the Tanna R. Yose ben Halaphta.

no stars are visible, and start to eat at

This R. Yose is the late Galilean

43

HALAKHAH 1 ji>33 n n w v i i p H* J I N ^

ρ

on

. i n n i n >-r> N$n N b p ^ o i i p

n p 5 ? n J i n ? nrçiN ΐ η ί ρ γ η

N-iipn

»pv

:mTin ï v j -»αϊ ^ i n n n ^ a i p a i S n f t It w a s stated: "He w h o r e c i t e s ( t h e Shema') f u l f i l l his duty."

tonin

b e f o r e that t i m e did not

If that is so, w h y d o e s o n e r e c i t e ( t h e Shema')

in t h e

s y n a g o g u e ? Rebbi Y o s e said: o n e d o e s not recite it t o fulfill one's duty but only t o stand in prayer a f t e r the study of Torah 1 1 . 11

This section is quoted by Rashi in

his commentary of the Mishnah in the Babylonian

Talmud.

The

old

hours.)

Hence, evening p r a y e r s with

Shema' are recited in full daylight. R. Yose d e c l a r e s t h a t a f t e r

nightfall

Ashkenazic ritual that has p r e s e r v e d

everybody has to recite the Shema' for

the Israeli usages, in c o n t r a s t to t h e

himself (without benedictions) to fulfill

S e p h a r d i c r i t u a l s c o m i n g f r o m Ba-

the duty of reciting the Shema' at its

bylonia, requires t h a t a f t e r n o o n and

proper time. In contrast to Shema', the

evening prayers be said consecutively

daily prayers are not bound rigidly to

in the synagogue any time a f t e r nnjn

their times, as will be explained later

5

njoj?, / 4 hours b e f o r e s u n d o w n (the

in the Talmud.

hour computed as '/12th of d a y l i g h t

ïï*"!*

P?P

tow?

Ï V ÏÏ13 P ? P

pap ^ a n n par 7\13b

O i » r r ! ? D D"TN

Nlipn Ninp

. r c n a i πνηψ")

>N1>Ì (fol. 2b) l i n i * >1") W H l "|ínV U T ? N*ip h ì

- i © n j^N·) n ì d p a o

p a o N-jp p a o oiipl

. r a p a i o rteaj?

i J i a i n >·ρ n s > n > p ^

, n i i p > r y n s M*)p n > p a o N - j p p a o r n > p N ν ι π Rebbi Z e ï r a

12

α>τρτ

13

in t h e n a m e of R a v J e r e m i a h :

γπψ o p p

.ni-ip>

O n e w h o is in d o u b t

w h e t h e r he said G r a c e a f t e r his m e a l or not, m u s t s a y G r a c e , s i n c e it is written ( D e a l . 8:10): "You will eat and be satiated, t h e n y o u m u s t praise the Eternal 1 4 , y o u r God 15 ".

O n e w h o w h o is in doubt w h e t h e r h e p r a y e d

or not, m a y not pray, against the opinion of Rebbi Y o h a n a n 1 6 w h o said: If

44

CHAPTER ONE

only one would pray the whole day long, why? Because prayer is never in vain 17 ! About one who is in doubt whether he recited (the Shema') or not w e may hear from this: He who recites (the Shema') before that time did not fulfill his duty. And before that time is it not doubtful 1 8 ? This means that one w h o is in doubt whether he recited (the Shema)

or not must

recite again 19 . 12

Rebbi Zeïra was a Babylonian

"scholarly" hif'il vocalization, yahweh

who appears in the Babylonian Talmud

"Creator," is certainly false since

as Rebbi Zera; he rose to be head of

theophorous names show that the first

the Yeshivah of Tiberias after Rebbi

syllable is vocalized either yä, yô, or

Yohanan.

yë, never yah, and, hence, as is to be

13

expected, the Name does not follow

Rav Jeremiah appears in the

Babylonian Talmud as Rav Jeremiah

any normative grammatical rule.]

bar Abba, one of the outstanding

15

students of Rav.

He should not be

saying Grace is a Biblical obligation (at

identified with Rebbi Jeremiah, a

least for people who ate to be satiated).

Babylonian and student of Rebbi Zeïra

For Biblical obligations, we always

in Galilee.

follow the rule that in doubt one has to

14

follow the most stringent alternative.

There is a problem how the

The verse quoted shows that

Divine Name YHWH should be trans-

16

lated. The traditional "Lord", taken

authority among the Galilean Amoraïm

from the Septuagint, is a translation not

of the second generation. It is rare to

of the Name but of its substitute

have a decision of later generations

ädönäi. The vocalization of the Name

going against him.

is unknown. The root is certainly πντ

17

"to exist".

Amidah three times a day is a rabbinic

The form of the name

Rebbi Yohanan is the greatest

Everybody agrees that praying the

indicates either qal or pi'el, with a

obligation.

meaning "Eternal" or a hif'il, meaning

reported

"Creator". Probably it means both but

anonymously in Babli Berakhot 21a, is

for purposes of t r a n s l a t i o n it is

that one may not recite this prayer

convenient to follow Mendelssohn and

more than three times a day (at least

use the first meaning. [The so-called

on weekdays) and that, therefore, when

The majority opinion, h e r e by R. Z e ï r a

and

HALAKHAH1

Λί

since

that he already had prayed, must stop

rabbinic ordinances are interpreted

in the middle even according to Rebbi

leniently

Yohanan, but in the Jerusalem Talmud

in d o u b t o n e m a y not p r a y

in c a s e of d o u b t .

The

contrary opinion of Rebbi Yohanan is

R. Y o h a n a n is e x p l i c i t l y on r e c o r d

also reported in the Babylonian Talmud

(Halakhah

(loc. cit.) but without the argument that

since prayer is never in vain.

prayer is never in vain. Rav Haï Gaon

18

(Oizar HaGeonim Berakhot, Responsa p.

sometime

SO, Commentaries p. 26) explains that

nightfall t h e r e is a t i m e of t w i l i g h t

Rebbi Yohanan thinks that prayer, as a

when it is doubtful w h e t h e r it belongs

4:3) that he goes on praying

Later it will be discussed t h a t between

sundown

and

supplication f o r Divine g r a c e and in

to day or night. Hence, someone who

imitation of sacrifices, can be o f f e r e d

r e c i t e s t h e Shema'

as fulfillment of a vow. It follows that,

c a n n o t be s a i d t o c e r t a i n l y

in his opinion, anyone who is in doubt

violated the rule that the

w h e t h e r he p r a y e d a l r e a d y , s h o u l d

Shema' must be recited in the night and

d e c l a r e t h a t his p r a y e r s h o u l d

be

his case is equivalent to the one w h e r e

counted as o b l i g a t o r y if he did not

the person is not sure w h e t h e r he had

during

twilight have

evening

pray but as a voluntary o f f e r i n g if he

recited the Shema' a l r e a d y during the

already had f u l f i l l e d his o b l i g a t i o n .

current evening.

This opinion is not a c c e p t a b l e to t h e

19

Yerushalmi; since p r a y e r is n e v e r in

indirectly that in reading t h e

vain

prior

one is s t r i n g e n t in c a s e of d o u b t it

T h e r e is a p r a c t i c a l

seems that it is implied that the reading

it

does

declaration.

not

need

a

Since the Talmud has to p r o v e Shema'

difference between the two Talmudim

of Shema'

since

H ai" s

(though it might l e a v e in d o u b t t h e

i n t e r p r e t a t i o n , s o m e o n e who s t a r t e d

status of the first sentence or the first

praying and remembered in the middle

section.)

according

to

Rav

ί ι τ > - D t - α * τ > η η ο ρ κ ψ >? ϊ χ η κ η

is a r a b b i n i c

institution

. o ' r p i s n U N S -137!? ν ? > ρ

o>iDì3n j i n s t v -ιηψη η ^ ν » Ο Ό η - α o > p n n ç ο ^ ο ) t o n ^ s

o>\yiy

.DDN^n oi»m i ö w ö TÙ^TÌ ut?τ n>m a>roì τ ν : - : τ : - ττ: A sign for it (nightfall) is after stars have become visible 2 0 .

And

though there is no proof, at least there is a hint 21 in (Neh. 4:15): "We were

CHAPTER ONE

M

working; half of them were holding spears, from the beginning of dawn to the visibility of stars." And it is written (v. 16): "The night was for us for watch duty and daytime for work. 22 " 20

This is an extended quote from a

Yerushalmi Sheviit 9:2 (38d), Pesahim

parallel to the Tosephta (1:1) quoted in

1:1 (27a), Moëd

note 8.

Yebamot 4:11 (6a), Niddah 1:4 (49a).

It is not from our Tosephta

Qatan

1:4 (80c),

since the last sentence is missing there

22

and the first sentence reads in the

Nehemiah's people worked from dawn

Tosephta, and in the Babylonian

to dusk (in contrast to hired workers

Talmud (2b), D'aaian nxï laiV

.

who labor from sunrise to sunset; Baba

Levi Ginzberg already has pointed out

mezia' 7:1). The second verse, missing

that the Biblical noun construction ηκϊ

in the Tosephta, contains the proof:

D'aaian "the emergence of stars" is

Nehemiah declares that "day was for

never used in the Yerushalmi which

work" and, since he had defined his

prefers the verbal form. "It" referred

working day as dawn to dusk in the

to in this quote must be nightfall, the

preceding verse, his definition at least

common time both for the criterion of

for "day" is "dawn to dusk".

R. Meïr and that of the Sages (Note 8).

only a "hint", not a proof, since his

21

working day was irregular.

This expression is found also in

"TON 1DÌ3 N£>3 Ί 3~ N1N Π Ί DVÍ3 ΟΓΟ>3 >31 • ·.· Τ Τ — Τ " T S · u n s Ί)ί I ' l p m p a o ο>3ψ

The argument goes as follows:

Τ ! ·

This is

ΝΓΡ1 ÌN5P D>1DÍD 71Ö3 · Τ Τ •

> n i î η ψ ^ ψ ,η!?>> p a o

.ον >niî

.2\Wnriö tÒ N»ö"Tp , Ο ^ ψ OnDÌD V3ÌV>>? HÏy

.OUDÍ3D

H o w m a n y stars h a v e to appear that it should be night?

Rebbi

Phineas 2 3 in the name of Rebbi Abba bar Pappus: one star (visible) is certainly daylight. T w o are doubtful as night. Three is certainly night. Are t w o doubtful?

Is it not written (Neh. 4:15): "To the visibility of

stars?24" The minimum of "stars" are two! The first one does not count 2 5 . 23

R. Pinhas Hacohen bar Hama, an

Israeli Amora of the fourth generation.

His source R. Abba bar Pappus was a Babylonian of the second

Amora

47

HALAKHAH1 generation immigrating into Galilee. In

ing.

the Babli (Sabbat 35b), the criterion of

upper bound, the only d e f i n i t e number

three stars is attributed to Samuel, one

indicated by a plural is 2. Hence, the

of t h e t w o

p l u r a l must m e a n t w o u n l e s s it is

foremost

Babylonian

Since n u m b e r s d o not h a v e an

authorities of the first generation. This

a c c o m p a n i e d by a d e s c r i p t i o n

criterion is originally Babylonian since

"many", etc.

the criterion of Cohanim eating their

Babli is: xV n a n o noun noun ovia noon

Terumah

noen "If you g r a b t h e minimum you

was never applicable

in

like

T h e d e s c r i p t i o n in t h e

Babylonia.

have something in your hand; if you

24

grab more you have nothing in your

T h e a r g u m e n t h e r e is t h a t

Nehemiah uses a p l u r a l in his d e f i -

hand." It follows t h a t N e h e m i a h can

nition of nightfall. So he talks about at

t a l k o n l y a b o u t t w o s t a r s in

least

description of night.

two stars.

Now

Talmudic

his

interpretation of Scripture f o l l o w s a

25

principle that I have discussed repeat-

d a y l i g h t , it c a n n o t

edly ("Logical P r o b l e m s in J e w i s h

determination of nightfall. Later it is

T r a d i t i o n " in: Confrontations

s t a t e d t h a t no s t a r v i s i b l e

Judaism,

with

ed. P. L o n g w o r t h , London

Since Venus o f t e n is visible in count

in

the

during

daytime hours can be counted for the

1967, pp. 171-196; Seder Olam, North-

determination

vale NJ 1998, p. 6) that every Biblical

naturally seems to eliminate the count

statement must have a d e f i n i t e mean-

of stars as a practical procedure.

.»I!?« D ^ N

.ΎΙ03

This

n t y j / ì " m i * 1DÌD Π Ι Ο J i a v 3 1 V ?

ï O i p riDN^Jp η ψ ^ Ί 7 I W 3 3 Ì D Π Ν Ί ΓΙ3ψ .moa

of n i g h t f a l l .

.ΠΝΟΠ οψΝ N'in

.ηκυη

Friday night, if s o m e o n e saw o n e star and did w o r k ( f o r b i d d e n o n t h e Sabbath), he is f r e e f r o m punishment. 26

f o r a sin in d o u b t .

T w o , he brings a t r e s p a s s o f f e r i n g

T h r e e , he b r i n g s a sin o f f e r i n g .

S a t u r d a y night, if

s o m e o n e s a w o n e star and did (forbidden) w o r k , h e b r i n g s a sin o f f e r i n g . T w o , h e brings a trespass o f f e r i n g f o r a sin in d o u b t . f r o m punishment.

T h r e e , h e is f r e e

48 26

CHAPTER ONE The trespass offering described in

statement, at the time when exactly

Lev. 5:17-19 for somebody who without

two stars are visible it is impossible to

premeditation commits an act of which

know whether it is day or not. The sin

he later has doubts whether it was

offering for sins committed in error is

sinful or not.

described Lev. 4:27-35.

By the

preceding

r n y ? tPlDÌ3 '¿ψ Π Ι Ο

,p30 Ο ^ ψ " > 8 ^ V N

ntyyi in m n n i m i p >NSia? d u d ì d

ηκτ

Τ>3

'ΡΪ*

^

.hdn^p n ^ V l to

by i » n n t v i in o v o>3i-tqNn i n in o v d w n ^ o n rjwaj n o .nsNbp by* 3 »r n Nn>i . . .

τ : -

o o i w N i ·nτ «in ' -

τ : "

o > i i m N- nτ o n

ΐ ΐ η η ψ ? .JTìsi"»? >sn? -is^i π ι ψ a n y ? o u d í s a η Ν Ί rjytoí n « .Tiiiin? >sn? ï y oy π η η ψ ï y o>?iwN*)n i n

τοψ

o>a?i3

.o>iinnNn -s - τ .o>iiv/N-in

n i o .Jnjii? ^ n ?

i n oi> o>ír>nNn 5i->nNn o n

.o>3i*inNn by α » η νγρι γώ^

.o>3iv)N-)n by α » η Nn>i π ι ψ >b>b bw o y JinQV by Ή Ρ * ? ! Rebbi Yose bar Abun 27 investigateci: If you say that two (stars) present a doubt, if someone saw two stars on Friday night, was warned, and did forbidden work, he also saw two stars on Saturday night, was warned, and did forbidden work, then it is logical to assert that if the first period was daytime the last period was also daytime and he would be guilty for the later work; if the last period was nighttime then the first period was also nighttime and he would be guilty for the first work 2 8 . If someone saw two stars on Friday night and harvested about (the volume of) half a fig, in the morning he harvested about half a fig, and he saw two stars on Saturday night and harvested about half a fig, then it is logical to assert that if the first period was daytime the last period was also daytime and one would combine daytime with Saturday night and he would be guilty for his last work; if the last period was nighttime then the first period was

49

HALAKHAH1

also nighttime and one would combine daytime with Friday night and he would be guilty for his first work 29 . R. Yose b a r A b u n w a s t h e

conditional warnings, given in mutually

colleague of R. Yose bar Z a b i d a and

exclusive circumstances which together

one of t h e last e d i t o r s of t h e Yeru-

make a certainty of the transgression,

shalmi. The first conclusion of R. Yose

can be c o u n t e d as an u n c o n d i t i o n a l

bar A b u n is r e p o r t e d in t h e B a b l i

warning.

(Sabbat

29

27

35b) by R. Yose bar Z a b i d a .

Harvesting is f o r b i d d e n on t h e

The names Abun, A b b a a r e o f t e n

Sabbath.

c o n t r a c t e d to Bun, Ba in t h e Yeru-

minimal amount

shalmi.

punishable depends on the intention of

28

As Rashi points out in Sabbat 35b,

the person acting. If the harvest is to

one has to assume that the person did

clear the field for a new crop then the

work the e n t i r e period during which

most

exactly two stars were visible. Since it

punishable. If the harvest is for human

is not d e t e r m i n e d w h e n e x a c t l y t h e

consumption then the minimal harvest

changeover f r o m Sabbath to workday

punishable is the volume of a dried fig.

occurs during this period, one has to

If the harvest is for animal f e e d then

exclude the possibility that he did the

the minimal amount is to fill the mouth

work during daytime the first time and

of a l a m b ( T o s e p h t a Sabbat

during nighttime the second time.

Here it is understood that one uses the

The first case discussed by R. Yose

Like all such work, the

minute

of

work

amount

of

that

work

is

is

10:15).

e x a m p l e of o n e w h o h a r v e s t s

for

bar Abun deals with a criminal trial.

human consumption.

In Jewish law, the Biblical p e n a l t i e s

work on the Sabbath is sinful even in

cannot be imposed unless the accused

the tiniest of amounts; t h e minimal

was duly warned by witnesses not to

amounts determine only whether there

commit the crime that he was seen to

is a criminal liability or not.

start.

However, such a warning must

work was done i n a d v e r t e n t l y or t h e

be given unconditionally. Since nobody

person forgot that it was Sabbath, he

can assert categorically that work in

may bring a sin offering in the Temple

twilight is a Biblical p r o h i b i t i o n on

as soon as the Temple will be rebuilt.

Friday night and S a t u r d a y night, R.

However, a sin o f f e r i n g can only be

Yose

b r o u g h t if t h e s a m e a c t i o n ,

seems

to

assert

that

two

Any f o r b i d d e n

If t h e

done

50

CHAPTER ONE

intentionally, would have been a

the time in between will cause a

criminal act. Hence, no sin offering

s e p a r a t e sin with a s e p a r a t e sin

can be brought as atonement for doing

offering. Hence, it is assumed here

less than a minimal amount of work

that the person in question either was

which would qualify as criminal act.

not aware that the day was a Sabbath

For such an action there can be no

or that harvesting on the Sabbath is

warning and the formulation of the

forbidden, without any intermediate

problem also leaves out mention of due

awareness of either Sabbath or the

warning; one may speak here only

prohibition of harvesting.

about the obligation (or possibility) of

asserted by R. Yose bar Abun that all

bringing a sin-offering.

acts committed during one forgetting

It is then

do combine, since they will all be

It is spelled out in Leviticus (5:2-4)

covered by one sin-offering.

in respect to sin offerings for transgressions by speech (by oath, or non-

The c e r t a i n t y of guilt on the

speech, be refusing to be a witness)

Sabbath is then established by the same

that the sin offering is brought if "(he

argument as in the first case under the

did,) and it was forgotten by him, and

same conditions, viz., thai in both cases

he remembered and was guilty." It is

the action was p e r f o r m e d exactly

taken from here that in all cases there

during the entire time that exactly two

is one sin offering for all transgressions

stars were visible.

done in one forgetting; that any

determination of such an action is

realization of the forbidden action in

made questionable by the next action.

cn? •pa > a - t t >oi>

"pnjprrpN n>>7 ion

.pn?

.NmDiD N i n ρ

The practical

"ΐ©>τπ í - q n

n j ? » ^ WPDJ?» " p n n - p i q - a p r n i o Ν Γ Ι ^ yinnjpn τίη>αι

That means (we judge) by those stars that are not usually seen during the day. But by those stars that are usually seen during the day w e do not estimate. Rebbi Yose ben Rebbi Abun said: There must be three stars not counting Venus 3 0 . 30

Here we take up the discussion

from the penultimate section.

The

interpretation and the text are a matter of some controversy. Rabbenu Hananel

HALAKHAH 1

11

(of Kairawan, 11th Century) in his

applies well.

In fact, R.

Zachariah

commentary to Sabbat 35b reads in the

Frankel in his commentary on the

statement of R. Yose bar Abun: unVai

Yerushalmi

KM3Ì3 in ρ Ί3 0'33i3 κη^η pomn, this

feminine ΚΠ3313 makes sense only if it

is close to our text. R. Eliezer ben Joel

refers to Venus. A "star" in general is

(Ravia, Rhineland, 12th-l 3th Cent., §

K33Í3; masculine, and it seems that the

199) reads paaia xnVn rannn iinVai

text of Hagahot

ΚΠ3313 in m m s "only that three stars

corrected by German Jewish attention

should look like one star" and explains

to grammatical correctness.

points out t h a t

Maimuniot

the

has been However,

in the name of Rebbi Yehuda (either

if we accept the reading Knssis the

the Pious of Regensburg or Sir Leon of

statement of R. Yose bar Abun is a

Paris) that three stars have to appear in

duplication of the earlier remark that

a group like feet of a tripod. The same

"the first star does not count."

text is quoted by the 14th cent. R.

explains that the earlier statement

Nissim Gerondi (Ran) as xinV

pan

determines the moment of nightfall

XT133Ì3 "which are similar to one star"

from Biblical sources but that the

and

Hagahot

requirement that three stars should be

Maimuniot (Hilkhot Sabbat, 5:4 Note 3)

seen close together is a rabbinic

that three stars should be seen in ]'03

ordinance "to add from weekday to the

X33Í3 "in the manner of one star", to

holy day" and, therefore, has a differ-

which reading the explanation of Ravia

ent status and is a legitimate addition.

his

contemporary

.Di> > N i !

Ran

i d ì s n o ·)? r m n > >3-1 o w ? η κ η ί τ τ npy> >?-> 1DÍD V 3 p a o Π>> J1»N

p ? D ΓΡ> TP} - !

Rebbi J a c o b the S o u t h e r n e r 3 1 in the name of R. Yehudah ben Pazi: One star (visible) certainly daytime. Two are night. Does he not allow for a period of doubt? He has a doubt between star and star 3 2 . 31

Amora of the fourth generation,

family Ben Pazi, is a Galilean source

from the region of Lod, contemporary

from the school of R. Yolianan.

of R. Phineas, who transmits a con-

32

flicting Babylonian statement.

His

when only one star is clearly visible

source, R. Yehudah ben Simon, of the

and when two stars are clearly visible

The interval between the moment

52

CHAPTER ONE

is his time of dusk, of which it is not

night,

known whether it belongs to day or to

ι-ρηψπ

. π ί ν η ψ η v ? in* la'ODn

. o v i n * π ί η π Ν » r n t o >33ψ

^

.vbp_ irrç l i n o n s ηΐ ν ψ p > y n Γΐψί|3 It w a s stated: daylight.

A l l t h e t i m e that t h e E a s t e r n s k y is red it is c e r t a i n l y

If it b e c a m e silver c o l o r e d t h e n it is dusk.

If it b e c a m e b l a c k ,

33

equally f r o m zenith t o horizon, then it is night .

33

T h e Babli ( S a b b a t 34b) has a

tannaitic s t a t e m e n t :

daytime. If the lower part turns silver

" W h a t is dusk?

colored (pale grey) but the zenith is not

From sundown all t h e t i m e t h a t t h e

yet silver colored, that is dusk. If the

Eastern sky is red.

If the lower part

zenith is silver c o l o r e d e q u a l to t h e

turns silver colored (pale grey) but the

horizon, then it is night.'' T h e text of

zenith is not yet silver colored, that is

t h e Y e r u s h a l m i is f r o m a t a n n a i t i c

dusk.

If t h e zenith is silver c o l o r e d

source and supports Samuel's reading.

equal to the horizon then it is night;

However, t h e Y e r u s h a l m i version is

these are the words of R. Yehudah (bar

clearer since when the color of the sky

liai')." This statement looks somewhat

at the horizon is equal to that at t h e

garbled and it is explained in the name

zenith and is d a r k e r than pale grey, it

of Samuel as: " From sundown all the

is close to being dark.

time that the Eastern sky is r e d it is

n n >

tnltt n ^ n j n

batra j i ^ n j p ì

r i » n ï&Î n>?n ^

^nnn

nnaìpjpa nnlpn

IOÌN

η ί ο ί ο υ η r n -»ON . Τ Ί ί ν η ψ π p i irrç

t C ? ) n y ¡ ? w n o n r w n y v ? n r n i t r m ! ? n v n 1? i w w v p >3ro . r i i ^

roa!?

.:nrni* η η η π ψ Rebbi says: ( W h e n ) the m o o n is at its turning point, and t h e s p h e r e o f the sun has started to disappear and the sphere of t h e m o o n t o rise, that is dusk. Rebbi H a n i n a said: W h e n the solar sphere finishes disappearing and t h e lunar s p h e r e starts t o rise.

S a m u e l has a t a n n a i t i c s t a t e m e n t :

The

i3

HALAKHAH 1

moon does not shine at the moment of the disappearance of the sun nor does it go down at the moment that the sun shines34. 34

R e b b i is R e b b i Y e h u d a h t h e

A r e a s o n a b l e e x p l a n a t i o n of this

Prince, t h e editor of the Mishnah.

R.

section must start with a discussion of

H a n i n a p r o b a b l y is t h e A m o r a

R.

"the t u r n i n g p o i n t of t h e

moon."

Usually this is taken as the moment of

Hanina, the student of Rebbi. T h e e x p l a n a t i o n of t h i s s e c t i o n depends on w h e t h e r one accepts that

the full moon, when the moon changes from increasing to decreasing.

How-

Rebbi and R. Hanina speak of the same

ever, this interpretation is impossible

tradition, only that R. Hanina insists

since the o r b i t of t h e moon usually

that the correct t r a d i t i o n of Rebbi's

deviates f r o m t h e e c l i p t i c and only

statement is that dusk starts only at the

about every 223 months the full moon

moment of the final d i s a p p e a r a n c e of

is in the ecliptic in opposition to t h e

the sun and not at the moment of the

sun. Hence, the "turning point of the

disappearance of the lower rim of the

moon" is the only time when t h e r e is a

solar disk as in the first tradition. This

possibility of a lunar eclipse and t h e

is the opinion of most commentators of

full moon is directly o p p o s i t e to t h e

the Yerushalmi; in the language of the

sun. R. Hanina and Samuel express the

Babli it means that two tradents, the

view of geometric astronomy, i.e., that

first one anonymous and the second R.

the full moon cannot rise as long as the

Hanina, give t h e i r v e r s i o n s of w h a t

sun is still visible. The anonymous first

Rebbi really said.

tradent notes that in r a r e cases t h e

ben

r e f r a c t i o n of the e a r t h ' s a t m o s p h e r e

ed. Chavel, Jerusalem 1964,

can lead to a situation w h e r e the full

(Writings Nahman,

[Nachmanides

of

Torat Haädam, R. H a n i n a

Rabbenu

Moshe

p. 154-251) insists that

only

explains

Rebbi's

moon s t a r t s to rise w h i l e t h e sun, geometrically below the horizon, is still

statement in popular terms. Since the

visible.

[In science, this phenomenon

Talmud quotes a teaching accepted by

was first studied by Ibn al Haytham in

Samuel the astronomer as confirmation

the tenth Cent.; cf. R. Rashed,

of R. Hanina's position, it is difficult to

et mathématiques,

accept t h a t t h e f i r s t t r a d e n t and R.

Pubi. Co., B r o o k f i e l d Vt, 1992]

Hanina should have completely parallel

practical purposes, both teachers seem

statements.]

to agree that in the consideration of

Optique

Variorum: A s h g a t e For

54

CHAPTER ONE

"sundown" for Sabbath observance, the

sphere should be disregarded,

influence of r e f r a c t i o n in the atmo-

07N

ΓΜ3Π

^njpn Ki^n

o v ? r i l i n g 1 3 N>>n ->3 b N i n y j > 3 1

ri(7^n ί ι ι ο η η ι i ? : m · ) η"?ίίη f i l a r i o > 3 i n i o ) r i t y ΓΡ>

Nìnn DI?

. i o i ^ i a ^ n>>

n n ν ι ό 3 TOÌV

N ì n n ? i o > r n N-JO

Ì>3\? D i n

. N Tτ l: N bτ Ν \r Πτ Ο: > Ν 3 Rebbi S a m u e l bar H i y y a bar Y e h u d a h in the n a m e of Rebbi Hanina: W h e n the solar disk starts to sink and a m a n is standing o n t o p of M o u n t Carmel, he descends and i m m e r s e s himself in the o c e a n , a s c e n d s and eats his Terumah,

o n e m a y assume that he immersed himself during d a y t i m e 3 5 .

Than is, if he used a shortcut 3 6 but w h e n he w e n t o n the r o a d 3 7 this d o e s not apply. Therefore, he was cleansed from

In the Babylonian Talmud (Sabbat

impurity at nightfall and is justified in

35a) the statement of R. Hanina is

eating Terumah.

given as illustration of the notion of

35

36

(scil. iter)

dusk of R. Nehemiah mentioned here in

T h e text cannot really

the next section. In the interpretation

Latin compendiarium

"short cut".

mean "the top of mount Carmel" since

of T o s a p h o t (/. c., s. v. i v i ) ,

even running down in a straight line

statement means that just when the

from today's Haifa University to the

Cohen emerges from the sea then dusk

shore would take about an hour. The

starts.

"top of Mount Carmel" h e r e is more

37

likely to be at today's "Elijah's cave".

road, pavement".

>3i

r m n ? Ν > η ψ 0 7 ΪΨ

V 3 Nint>N

Latin strata (scil. via), "paved

N o i r p r i >3*1 ΊΚ>Η . J i w n y m i > 3

. J i l v á n V3

>31 .rppçi? >31 n . 3 7

the

IN?!? na>\?n n i ? > m «π>υ ϊ ψ >>0 0 7 N

. 0 > 0 3 η v!?y - T i ö i £ ÌÌ7D>

H ? ϊΐηηπ »ΡψηψΡ « n o ? n i w n v ^ n i>3

irpn

Γήνηψη

HALAKHAH 1

51

What is dusk? Rebbi Tanhuma 3 8 said (it is comparable) to a drop of blood on the tip of a sword. The drop splits here and there, that is dusk. What is dusk? 39 From after sundown the time a man needs to walk half a mil, the words of Rebbi Nehemiah.

Rebbi Yose said: dusk is a moment

and the sages could not determine it. 38

O n e of t h e l a t e s t a u t h o r i t i e s

m e n t i o n e d in t h e Y e r u s h a l m i ,

re-

Hai), followed by the statements of R. Nehemiah and R. Yose h e r e , m a k i n g

nowned as a p r e a c h e r , and author of

the

the basic Yelammedenu

disagreement.

Midrash.

His

definition

of

dusk

a

triple

By c o n t r a s t , it seems

simile h e r e is also of the nature of a

that the Yerushalmi

accepts

the

sermon, illustrating the opinion of R.

criterion of the color of t h e E a s t e r n

Yose that t h e r e is no r e a l e x t e n d e d

sky as u n i v e r s a l l y v a l i d , o n l y t h a t

dusk but only day and night with a

Rebbi Nehemiah q u a l i f i e s it in time.

fleeting moment

the

The r e l a t i o n s h i p b e t w e e n t h e s t a t e -

blinking of an eye in the terminology

ments of R. Nehemiah and R. Yose is

of R. Yose and the splitting of a d r o p

discussed in the next section. Since the

of blood on the tip of a sword for R.

standard for a normal person is to walk

Tanhuma.

10 parasangs

39

of 12 hours, the time allocated to a mil

in b e t w e e n ,

While the first statement h e r e

i2

[= 40 miles (mil)] in a day

was a homily by a late Amora , now we

is

are dealing with a legal statement by

minutes.

[Maimonides c o u n t s t h e 10

two of t h e o u t s t a n d i n g s t u d e n t s of

parasangs

f r o m beginning of dawn to

Rebbi Akiba, of the fourth generation

the end of dusk; his time for walking a

of Tannaim. Rebbi Yose here is Rebbi

mil is 24 minutes.] This r e f e r s to a day

Yose

of 12 hours between sunrise and sunset,

bar

Halaphta,

the

highest

i.e., for the equinoxes if constant hours

authority in his generation. In t h e B a b l i ( S a b b a t 34b),

/ 4 0 h o u r s or ( 1 2 x 6 0 ) / 4 0 = 18

the

are

used.

In

addition,

the

previous statement describing dusk as

determination of time is valid only f o r

the time between the end of a reddish

the Land of Israel or other countries of

glow in t h e East t o u n i f o r m

the same latitude. For other latitudes,

dark

greyness from Eastern horizon to zenith

the

length

of

dusk

has

to

be

is attributed to Rebbi Y e h u d a h (bar

determined by the angle of depression

CHAPTER ONE of the sun at the end of 9 or 12 minutes

replaces the time of V 2 (Roman?) mil

after sunset in Israel on March 21. The

in Galilee by 2 / 3 Babylonian?) mil in

Babylonian Talmud (Sabbat 34b)

Babylonia on the lower Euphrates.

«1ÎX7 Ν"1?ΓΙ?α H1? ΝΠΝ >3*)!? >OÍ> >3"» DON ."|>3J1> ÌV) ΝΠΝ >3"η >OÍ> >3") HÏ

>31 . ρ "QO N i N ^IN Π>> ΙΟΝ ^

pao

(fol. 2c) >3-n b>)p

Π>Ρ05 >377

"TV I l D l Ì?J/

n'jis ρ

ion

OÌ»3 Ϊ1ΓΙΝ ΓΙΝΊ i e r i ·)3>3ΓΙ T? ÌVptn >3*1 >OÌp Γ)>ΓΙ>>\ρΐ? N M >3"1 ΙΟΝ .ΝίΠ oi>NP

JNI' ON *INO> JINNÌ NWJP^RI V5 NNN

NIWO^N PA ΠΠΝΙ

oi»NN N»N">N NSPÖY PAO ONT I3*IP>:) TINÍDIO!? >NÜ *INÇ> RMSPOI >Bip NV3 «ipi> i ? N>>n >3-i . ρ η ρ ! ? p a o i dn>?io> > n i ï -ino> n r a p n i

IJJVI ïy π π ψ ρ n>> i o n

>oi> >3-1 ο>3ψ> np>0} ΓΙ>ΝΙ ΝΪΓΙ INO ^ni> >an

no"? .Nin p a o n>po? >3*17 !?>o >*η3ψ "|>V U D Ì

"VW W f

. π ί ν ο ψ π ι>3 in* ->&Νη ìn>!?N Νί3»ψ?> ii>n>wp >> -ION

Rebbi Yose and Rebbi Aha 40 were sitting together. Rebbi Yose said to Rebbi Aha: Is it not reasonable that the end of the half a mil of Rebbi Nehemiah is the moment (of Rebbi Yose) 41 ? He answered: I also am of that opinion. Rebbi Hizqiah 42 does not say so but every single moment in the half a mil of Rebbi Nehemiah is in doubt. Rebbi Mana said: I pointed out the difficulty before Rebbi Hizqiah from what we have taught (Zabim 1,6): "He saw one emission during daytime and one at dusk or one at dusk and the next one the next day; if he knows that the emission at dusk was partially during daytime and partially during nighttime, he certainly is impure and needs a sacrifice but if it is questionable whether the emission occured partially during daytime and partially during nighttime he certainly is impure but it is questionable whether he owes a sacrifice. 43 " Rebbi Hiyya bar Josef 44 asked before Rebbi Yohanan: Who is the Tanna who will split an emission into two? Rebbi Yose!45 I said to him: Here is

57

HALAKHAH 1

your problem since you say that every single moment in the half a mil of Rebbi Nehemiah is in doubt. 46 What is his question good for? For the time when Elijah will come and say: that is dusk 47 . 40

Rebbi Aha was an Amora of the

fourth generation, older than

the

had

three

episodes

(again,

not

separated by a full day f r o m dusk to

Amora Rebbi Yose.

dusk without incident) then he not only

41

R. Yose considers all of Rebbi

has to i m m e r s e himself in r u n n i n g

N e h e m i a h ' s "dusk" as being part of

water after seven days but he also has

daytime and that the c h a n g e - o v e r to

to bring a purifying s a c r i f i c e (if t h e r e

night comes instantly at an undefined

is a T e m p l e . )

t i m e s h o r t l y a f t e r t h e e n d of

R.

duration that is counted as an episode

Rebbi

and a continuous emission d u r i n g a

Yehudah instead of Rebbi Nehemiah,

longer period is c o u n t e d as two (or

this is t h e o p i n i o n of S a m u e l , t h e

more, depending on length) emissions.

a s t r o n o m i c a l a u t h o r i t y of t h e f i r s t

The Mishnah here states that

Amoraic generation in Babylonia, in

episode during dusk will be counted as

the Babylonian Talmud (Sabbat 35a).

two even if it is relatively short if part

42

of the episode h a p p e n e d d u r i n g t h e

Nehemiah's

"dusk".

With

Amora of the fourth generation in

T h e r e is a s t a n d a r d

an

Galilee. R. Mana (II) is his only known

previous day and part during

student.

f o l l o w i n g night.

43

determination of the boundary between

T r a c t a t e Zabim deals with men

the

Hence, t h e e x a c t

suffering from gonorrhea or any other

day and night is essential.

sexually related effluent (Lev. 15:1-15).

44

In the interpretation of the school of

Samuel at t h e start of t h e A m o r a i c

Hillel t h e r e a r e t h r e e s t a g e s in t h e

p e r i o d , w h o at an a d v a n c e d

uncleanness of a zab.

If he had one

e m i g r a t e d to I s r a e l a n d b e c a m e a

episode, he is unclean but may cleanse

m e m b e r of t h e A c a d e m y of R. Yo-

himself by immersion in water as with

hanan.

any other defilement.

45

If he had two

A Babylonian, student of Rab and

age

Rebbi Yose mentioned here is the

episodes not separated by a full day, he

Tanna, ben Halaphta.

can cleanse himself only by immersion

given based on an e x p l i c i t

in running water a f t e r being f r e e of

Zabim

symptoms f o r a full seven days. If he

emission such that he would have had

1,12-13:

His opinion is Tosefta

"If he had one long

CHAPTER ONE

Si

time to immerse himself in a ritual

Tosephta c l e a r l y s t a t e s t h a t

the

bath and dry himself then it is counted

Mishnah quoted is R. Yose's opinion, if

as two episodes; shorter than that it is

every moment of R. N e h e m i a h ' s

only counted as one. Rebbi Yose says

twilight is questionable for R. Yose

it is always counted as only one

then the statement of the Mishnah: "if

episode. However, Rebbi Yose agrees

he knows that the emission at dusk was

that if he had an emission during dusk,

partially during daytime and partially

even though its duration was not long

during nighttime" is meaningless since

enough f o r immersion and drying

it is never k n o w a b l e by anybody

himself, it is counted for two since it

whether anything occurred partially

happened on different days.

during daytime and partially during

In this

sense did R. Yose say: If he had an

nighttime.

emission during twilight he is possibly

47

defiled (unclean for seven days) but

authority to change religious rulings he

not obliged to bring a sacrifice. If he

has transcendental knowledge of the

While the prophet Elijah has no

had two emissions during twilight he is

t r u e s t a t e of things.

possibly defiled and possibly obligated

someone instructed by Elijah the doubt

to a sacrifice. If he had one emission

of R. Yose does not apply and the

at another ( c e r t a i n ) time and one

Mishnah, while unlikely to be practical,

during twilight or one during twilight

is neither impossible nor void.

Hence, f o r

and one at another time he is certainly

This is the end of the discussion in

defiled (for seven days) and question-

the Yerushalmi, seemingly accepting R.

able for a sacrifice.

If he had two

Hizqiah's position. In the Babylonian

emissions at other times and one at

Talmud the decision is left explicitly

twilight or two at twilight and one at

open so that in any case one has to go

another time he is certainly defiled and

with the more stringent rule (earlier

certainly must bring a sacrifice."

start of Sabbath, later nightfall for

46

Terumah and end of Sabbath.)

Up to here, everything is R.

Mana's question to R. Hizqiah: Since the

"V?N jpN*r r o o ? -iç)

.MID n ^

i ^ a r r " p r m n ni>?p

.>>>9

v o

ν>ρΊΓΐ v ^ p ^ n n y i n ? η η η π ψ ->Ù ϊ χ «IN O-UDÌD r r ç ù w

. r n v i s N a ο ί ί η \yt
ïy w

ννψπ

^rç?

>a-t

.)? n n n i ¿ i a

i9

HALAKHAH1

ρ

iJiN>3 n p

.-ÓN - i ^ ì a n

NIN

. ì j i n u > ÌJIN>Ì»> ν ό ρ ρ

,-ιποί ν)ρψη κ α ι

npx

IN

.imnan

Dìnjp ìri>> >7D - > 0 3 3 1 0 3 3 i w y p v p >3*1 >3ΓΙ . - 1 0 3 1ÌN> D l O p ΓΠίΓΐη . 1 0 3 b y i->pia> Who disagrees?

48

Rebbi Hanina the Colleague of the Rabbis 49 asked:

Just as you say in the evening that it is night if three stars are visible even though the sun is in the middle of the sky it is night, so you must say the same thing in the morning. Rebbi Abba 50 said: It is written (Gen. 19:23): "The sun went out over the earth and Lot came to Zoar." And it is written (Lev. 22:7): "The sun will come and he shall be pure." He brackets going out and coming. Since coming means that it is hidden from the creatures so also its coming out when it will be ascertained by the creatures. Rebbi Abba 51 said, it is written (Gen. 43:3): "In the morning it was light." The Torah called the light morning. 52 Rebbi Ismael 53 stated: (Ex. 12:10) "In the morning, in the morning," to give a domain to the very early morning. 48

With the criterion of three stars

three stars contradicts the Mishnah it

for the start of night.

must be invalid.

49

50

He usually goes by the name of R.

R. Abba also was a Babylonian, a

Hananiah the Colleague of the Rabbis,

student of Rav Huna and Rav Yehudah

a Babylonian w h o was an i m p o r t a n t

in Babylonia, who went to Israel and

teacher of the l e a d e r s of t h e f o u r t h

b e c a m e a r i c h silk m e r c h a n t

generation of Amoraim but who never

talmudic authority of the third gener-

headed a talmudic academy. He insists

ation of Amoraim, a contemporary of

that it is logical to assert that as long

R. Hanina the Colleague of the Rabbis.

as three stars can still be seen at dawn

His argument parallels the previous one

it is night even though it is relatively

but, since it is based on Biblical verses,

light and (Mishnah 5) one may well

it seems to be an attack on the Mishnah

distinguish b e t w e e n d a r k b l u e and

which gives d i f f e r e n t t r e a t m e n t s to

white, or between d a r k blue and dark

dawn and dusk.

green. Hence, since the theory of the

and

The first verse asserts that Lot came

60

CHAPTER ONE

to Zoar at sunrise. The second verse

brothers leaving Egypt to return to

asserts t h a t t h e C o h e n w h o

had

Canaan. Hence, it means the first dawn

cleansed himself f r o m impurity is

which was the first possible time for

purified at n i g h t f a l l as explained

their leaving, and the Biblical verse

earlier. The argument seems to center

connects the technical meaning of

on the ambiguous statement "the sun

"morning" with the first light of dawn.

will come and he will be pure."

Hence, the asymmetry of treating dawn

Everywhere, the "coming" of the sun is

and dusk is Biblical and Rebbi Hanina's

its going, sundown or nightfall. In the

and Rebbi A b b a ' s a r g u m e n t s

first verse, the coming of Lot to Zoar is

unjustified.

real coming, parallel to the going out

53

of the sun. Hence, in the first verse

temporary of Rebbi Akiba and head of

coming and going out are the same. It

his own school.

would follow that, in the second verse

quote from an anonymous statement in

also, coming must have the same status

Mekhilta

as going out since it is one of the

"'They shall eat the meat during that

principles of Rabbinic interpretation

night'; from here I understand during

that Biblical expressions have the same

the entire night. The verse says 'do not

meaning at e v e r y o c c u r r e n c e

(a

leave any leftovers until morning; but

säwäh.)

anything left over until morning you

principle known as gëzèrâh

are

He is a Tanna, an older con-

dëRibbi

The sentence is a

Ishmaël,

Bo, 6):

Hence, the different treatment of dawn

shall burn in fire.' Why does the verse

and dusk in the Mishnah seems to

repeat 'until morning'?

contradict the principles of Rabbinic

domain to the earliest part of morning.

Bible interpretation.

From here they said (Mishnah 3-4):

51

It is not known if this Rebbi

'The consumption of t h e Passover

Abba, solving the puzzle, is the same as

sacrifice and all other sacrifices, the

the author of the preceding question or

burning of their parts on the altar can

another sage of the same name.

The

be done until the start of dawn and all

editorial principle of the Babli, to

sacrifices that must be eaten within one

'JiVd

day can be eaten until the start of

tok and the following times as ί Λ β toh

dawn.' Why did the Sages decree (that

quote an authority the first time as

or

'JiVb m m does not apply to the

To give a

all must be done) until midnight?

To

Yerushalmi.

remove people from transgression and

52

to make a fence around the Torah."

The Biblical text tells of Joseph's

HALAKHAH 1 This is an additional indication that

61

Biblical start of a new day.

the earliest possible sign of dawn is the

V ' P L TY i n i y ")ri>> - i n i N O N

V3 ίου ngiprn η ρ tyl

>3r»l

>3-) > 3 >pi>

Î W

Jinnv?

I ? 1 ? ! ? ? N j i n r n -»©Ν .γηψ π ^ τ η o i » n n w

m > ? N HÏ

HV*

- P 9 5 7 V"V?N p a ? Ηϊη

->ÇN

iisp^a

V?

ìn^iì

aa i y η κ paa Î O > Ç n v i ,i>iy>7 N J j v v TV

R e b b i Y o s e bar A b u n said: If y o u say t o g i v e t h e t h i c k n e s s o f t h e s k y 5 4 t o t h e night b o t h in t h e e v e n i n g a n d in t h e m o r n i n g t h e n y o u m u s t s a y that d a y a n d n i g h t a r e n o t o f e q u a l l e n g t h ; b u t w e h a v e s t a t e d : O n t h e days o f the vernal and autumnal equinoxes, day and night h a v e e q u a l length.

R e b b i H u n a 5 5 said: W e m a y l e a r n f r o m t h e w a y s o f t h e w o r l d

s i n c e if t h e k i n g l e a v e s [his p a l a c e ] o n e a l r e a d y s t a t e s t h a t h e l e f t b e f o r e h e left b u t w h e n h e r e t u r n s o n e d o e s n o t s a y t h a t h e did r e t u r n until h e a c t u a l l y e n t e r e d [ t h e palace]. 54

T h e "thickness of the sky" is

55

A Babylonian who in most other

twilight, the time that the sun is no

tractates of the Yerushalmi appears as

longer seen over the earth before it has

Rebbi Huna (πηπ ,κιιπ 'ai), a student of

disappeared behind the gates of heaven

Rav Yosef in Babylonia, who emigrated

that are closed for the night.

to Israel. His argument is from popular

R. Y o s e bar Abun argues that if

usage, that as the king is said to be

twilight is treated the same way for

leaving b e f o r e he l e f t , so the sun is

dawn and dusk then at the equinox the

said to be setting although three stars

days are not evenly split between day

can still be seen; but the king is not

and night. Since it is accepted that at

reported to have returned until he

the equinox day and night are equal it

actually did.

follows that any part of twilight given

before the sun has disappeared beyond

to the night at dusk must be given to

the heavenly gates and three stars are

the day at dawn.

visible. [ T h e

Hence, day cannot end

Babylonian

Talmud

62

CHAPTER ONE

(Pesahim 53b) is strictly of the opinion

of equal length.]

that the twilights of dawn and dusk are

l i n > p " η η > '-> m i o N i n i p

.v^n W

o>?nb? n ^ N i ^ n ç 1NJ31

m

i p w

. o > i n b 3 ί ο ν "in") o p N l p o ?

is?

-15 t w n v p "1 ov^?

-13 ί ο υ η - ι

.Njo^i?

i m p

yo τ η

τιίιψη> - j n y

V?!?n>? Viiy»

rrç το

ï y Jii^o?

o î p > r n D'DN>O? -10N7 njç» v s n a î ? i r f r ")>n o > ? N > » n n o t o

H e w h o prepares to pray must equalize his f e e t 5 6 .

Two Amoraim,

Rebbi Levi 5 7 and Rebbi Simon 5 8 ; one of them says like angels 5 9 and one of them says like priests. He who says like priests, (Ex. 20:26): "You shall not ascend my alter by stairs;" that means that they were walking with their heel next to the great toe and great toe next to the heel.

He who

says like angels (Ez. 1:7)" "Their feet were a straight foot." Rebbi Hanina bar Andrei in the name of R. Samuel ben Sotar 60 : angels have no m o v i n g joints.

What is the reason? (Dan.

7:16) "I approached o n e of those

standing," the fixed ones 6 1 . The Babli (Berakhot 10b) brings

would look like one foot, from the

only the opinion that in praying the

verse quoted: "their feet were one

"Amidah prayer one has to equalize

s t r a i g h t foot."

one's feet like the angels; and this is

Haëshkol (part 1, p. 17) quotes an

the name of R. Yose bar Hanina in the

opinion, possibly of Rav Hai Gaon, that

name of R. Eliezer ben Jacob.

the heels should be together but the

57

toes separated to form a semicircle

56

A preacher in the Academy of R.

However,

Sefer

Yohanan.

since the verse quoted from Ezechiel

58

continues "the sole of their feet was

An older preacher, R. Simon ben

Pazi, student of R. Joshua ben Levi.

like the foot sole of a calf."

59

60

It is usually explained that this

Rebbi Hanina bar Andrei seems to

means that both legs have to be

have been a contemporary of R. Levi

parallel and together so that they

and R. Yose bar Hanina; he is

HALAKHAH1 mentioned only two times in Talmudic

those standing n'sxp," the f i x e d ones

literature. R. Samuel bar Sotar seems

K'n"p. It also says (Is. 6:2): "Seraphim

to be i d e n t i c a l w i t h R. Samuel b a r

are standing over Him;" (2Chr. 18:18):

Sosarta, a n o t h e r contemporary of t h e

"All

preceding. The entire discussion in the

standing," and here it says "when they

Yerushalmi is b e t w e e n sages of t h e

are standing"; this is astonishing.

same generation.

really means "when they are standing" (

61

In Midrash Bereshit rabba 65(17),

Disss), it m e a n s "the p e o p l e c o m e ,

the lexical n o t e is a t t r i b u t e d to t h e

silence" ( o í ny xa), i.e., when Israel a r e

slightly o l d e r a u t h o r i t y R. R e u b e n :

saying "Hear o Israel" the angels a r e

Rebbi Reuben said: It is w r i t t e n ( E z .

silent and then their wings drop.

1:25) "When they w e r e standing their wings b e c a m e limp."

Is t h e r e any

the

hosts

Midrash

of

Bereshit

Yerushalmi

Heaven

rabba

source

and

were

What

is an old one

may

sitting in heaven (that standing should

speculate that the Midrash p r e c e d e s

be r e m a r k a b l e ) ?

Does not R. Samuel

the editing of the Talmud; otherwise it

say: there is no sitting in heaven since

would be i n c o m p r e h e n s i b l e w h y a

it says (Ez.

s t a t e m e n t on t h e A m i d a h

1:7) "their f e e t w e r e a

prayer

straight foot." They have no moving

intrudes on the discussion of the rules

joints: (Dan. 7:16) "I approached one of

of Shema'.

tp-u r o m o

r i D - p n η ρ ^ π n u s D o r p n TIN

UN? i o n: ιiτ r p w t o v a

. v nτ iτ îs t ï oτ *> JIN ÌD-O nτ ·o v: ·a :ιτ

τι^ι ì : m m n n i ^ n n . ν π ρ ο?>*τ> .ΝΓΙΝ^η?

rrç N ì i n >3-1 ->ON .VDN^O •>·>? JIN ID-Q -»nit? » τ : :ιτ

-into r j n s 7Ui\wa r o * m i p ì o a rwyà

.vtyvo-^

. n t o t o i •>·> τ π α o n p i y n *

* *

ΝΓΙ>>?7(?? Ν3ΊΝ>>Γ1 Ί Π Π V3-|N 1>Π O N I V ì f O *

Rebbi H u n a said: H e w h o s e e s the priests in the s y n a g o g u e , at t h e first blessing h e must say ( Ρ s. 1 0 3 : 2 0 ) "praise t h e L o r d , His m e s s e n g e r s . " the s e c o n d b l e s s i n g (v. 2 1 ) "praise t h e L o r d all H i s hosts." blessing (v. 2 2 ) "praise t h e Lord all His creatures."

A t Musaf

blessing he m u s t s a y ( Ρ s. 134:1) "A s o n g of a s c e n t .

At

A t t h e third at t h e first

P r a i s e t h e L o r d all

servants of the Lord, w h o are standing in the Lord's H o u s e in t h e nights."

64

CHAPTER ONE

At the second blessing (v. 2) "lift your hands in holiness." At the third blessing (v. 3) "May the Lord bless you from Zion." When there are four blessings then for the third he repeats the first, for the fourth the second 62 . 62

Since the priestly blessing is

regular part of the morning

Amidah,

Babli (Sota 39b) gives separate verses also for days of t h r e e and

four

the instruction on how to behave

blessings and rejects the last selection

during the blessing is added here. The

of the Yerushalmi.

7|>n>? o"TN r n ^ n - ύ ϊ ο ψ l y -irrçin TV m j p n - ή Ν ί ψ ρ p o p i

ïy

N w n >?-»

η » η η νηφ

*τν n i d o r i - ΐ ί Ν > ψ η

vypv'D i ' n D i ."m n ^ ι η ^ π i n ? ì α>τρ7 ^ t ? i i ü i i n n ç n r i ^ π ψ

>3"! - i ç n

. y n n -mi> > > ? ru>a*w

*TJ? η η φ η

pjpì

DÍ*TÜ p i

Rebbi Hinnena

o i b i ^"wn

.rj-vjn o r i ^ a ! ? -n¡?)? ΓΡΠ î | N > ç n

.nrrurte 63

r n y i * ni

n£>»

ios

nva-jx

said: From the appearance of the "morning hind 64 "

until the first rays of light in the East a man can walk four mil65. the first rays of light in the East until sunrise four mil66.

From

From where do

we know that from the first rays of light in the East until sunrise there are four mil? Since it is written (Gen. 19:15) "about when the morning came etc. 67 " And it is written (v. 23) "the sun rose over the land and Lot arrived at Zoär." From Sodom to Zoär there are four mil.

It is farther than

that. 68 Rebbi Zeira said: the angel was flattening 69 the road before them. And from where do we know that from the appearance of "the morning hind" until the first rays of light at the East there are four mill

"About

when", "when", compares one thing to another 70 . The prints and the Leyden

reading chosen is that of the Rome

manuscript have Ίϊπ 'τ, referring to an

manuscript. The bearer of that name

o t h e r w i s e unknown scholar.

was a Galilean Amora of the third

63

The

HALAKHAH 1 generation.

Hence, in Mishnaic times the location

64

of Zoar was still known.

This Biblical allusion (Psalm 22)

In the Babli

denotes the zodiacal light; see the next

(Pesahim

section.

that he checked out the distance and

65

found it to be five mil. The Babli finds

For the determination of the time

implied

by t h e d i s t a n c e , s e e

the

93b), Rebbi Hanina testifies

that t h e t i m e of an a v e r a g e p e r s o n

paragraph a f t e r the next.

walking f i v e mil is too long for dawn

66

This statement is found also in the

but he does not try to harmonize t h e

Babylonian Talmud ( P e s a h i m 9 4 a ) ,

interpretation of the verses with t h e

t h e r e one s p e a k s of m w n niVv, "the

current observations of twilight.

coming up of the morning", mwn nV"K

69

is not a t e c h n i c a l t e r m used in t h e

Eruvin

Babli.

"levelling" by surveyors who f o r exact

The verb π ρ ο is used in t r a c t a t e in t h e t e c h n i c a l

sense

of

T h e verse d e s c r i b e s t h e time

measurements use only yardsticks that

when the angels pushed Lot to leave

are exactly horizontal. R. Zeira wants

Sodom.

to say that they walked only absolutely

68

flat roads w h e r e t h e usual s p e e d is

67

In absence of a reliable tradition

about the locations of Zoar and Sodom,

higher.

it is d i f f i c u l t t o k n o w

70

the

real

One can apply the principle of

distances. In the documents found with

mw πίτα, t h a t in g e n e r a l a c e r t a i n

the Bar Kochba letters in the desert of

expression has the same meaning in all

Judea, a locality Z o a r is m e n t i o n e d .

contexts.

Ν > η N3T1DÌD V">3p

INO

"ρτ?

Ν Γ Ι > » Ν Ν"ΤΠ 113 >3") >3 >DV >3"! I O N

íO T QN>P

> 3 - η N a n Ν>>η > 3 Ί

N J O I P P N'ÌTJ

. i n n j j p ì Nni>7E y? Vî?>tn N*ìinrr

w o i N n i i n ì ? ? î n - i N n y p o Ν*ΤΓ)3 >3-p3

")3 p v p w

n i i ν»π r n

w n N n p ^ n 13 p v p w . r n i N yj?3\y - » η ψ η

r a n Ν > η η ? > ί π Ν > η ψ n n ^ D π κ ρ ρ ΠΝ>ρρ n ^ r u ^

ïï? ί π ν " !

own

n w

v m > n ni* lian nj??!

l ^ i p i

ϊ ψ ιπ'ρκι

ΙΠΝ")

wn

"ϊϋΨ?

. η η ρ γ η π ί ι ν r m > n ο>τ>绣 η ? Ί Π Ν Ί

66

CHAPTER ONE

Rebbi Yose bar Abun said: Anybody who identifies the "morning hind" with the planet Venus is in error; that planet sometimes is too early and sometimes too late71. What is it? It is like two double horns of light that arise from the East and give light. Explanation72: The great Rebbi Hiyya and Rebbi Simeon ben Halaphta 73 were walking in the valley of Arbela before morning and saw "the morning hind" that started radiating. The great Rebbi Hiyya said to Rebbi Simeon ben Halaphta, the great man: so will be the deliverance of Israel; it starts out very little and grows and longer as it goes on. What is the reason (Micha 7:8): "When I shall dwell in darkness, the Lord is my light." So also at the start (Esther 2:21): "Mordocai was sitting at the king's gate." After that (6:11): "Haman took the garment and the horse." After that (6.12): "Mordocai returned to the king's gate." After that (8:15): "Mordocai left the king's presence in royal garb." After that (8.16): "The Jews had light and joy." 71

That means, sometimes Venus sets

spelling

KoVn is f o u n d . )

Briill's

still during the night and s o m e t i m e s it

explanation is more d i f f i c u l t to a c c e p t

is still seen after sunrise.

since substitutions of the liquids l,r for

72

This

is t h e

explanation

of

o n e a n o t h e r are e x t r e m e l y r a r e in

F r a n k e l in his "Introduction to t h e

G r e e k w o r d s c o m i n g into

Yerushalmi", f r o m G r e e k

Also, no action is reported here.

δήλωμα.

Aramaic.

Levy in his dictionary r e f e r s to Greek

73

δίλημμα,

only

Hiyya, the s t u d e n t and c o l l e a g u e of

difficult

Rebbi, the collector of the Tosephtah.

which

"proposition alternatives."

of

means two

Brüll in his critique of

Rebbi

Simeon

ben

Halaphta

is a

Greek

contemporary w h o l i k e R e b b i H i y y a

Frankel's c h o i c e is

does not appear in the Mishnah (except

Levy's dictionary δ ρ ά μ α "action".

Rebbi Hiyya the Great is Rebbi

proposes

difficult since both long v o w e l s should be expressed, K»iVn (In Midrashim, the

for the aggadic very last Mishnah.)

HALAKHAH 1

î t è î » ? JPP")

ty

ι η , υ ύ ruanny IV ty

Γ φ > >3-» o w 3 >3117 r m > > 3 1 ? n j o n >n*n . o v a ' y n o > v ? l í < l > r » p >3ú>a o i n

ί > 3 ί ν ψ "IOÍN J1N3)?? !?>» ΤφζηΗ

NJY D>WON RJBNE V>P") Jin ï y n w v n o v o π ρ ι sin « η

. o i r m >ia

SI

Î J O W

TY

.my

ΓΟψ D>W»0

o>wpn ^Pl?

ΟΓ):?Ί ,DÍ»3 RNYYN "ÎÇII$ V'PL

o ' w n n rj^np o i r r n Jin i p n ? i>ripi

v i i y i >pNn ï y

.n^nfl?

lini

nuiy

l'rpi .niijimnl?

The statement of Rebbi Hanina

74

is parallel to that of Rebbi Yehudah

since it was stated in the name of Rebbi Yehudah: the thickness of the sky is a walk of 50 years 75 . An average person walks 40 mil during a day 7 6 . Until the sun breaks through in the sky it passes the distance of 50 years; during that time a man can walk four mil. If follows that the thickness of the sky is one tenth [of the path of the sun] in one day. And just as the thickness of the sky is a walk of 50 years so the thickness of the earth and that of the abyss is a walk of 50 years 7 7 . What is the reason?

(Is.

40:22) "He Who thrones over the circle of the earth," and it is written (Job 22:14): "He passes by the circle of the sky." And it is written (Prov. 8:27) "When He carved out a circle on the face of the abyss." "Circle" (JOT) always has the same meaning. 74

Here the argument returns to the

is quoted only as saying that the

prior statement of R. Hanina, that the

thickness of the sky, the distance the

twilight at dawn is the time to walk

sun covers between the start and the

four mil.

In the Leyden ms. and the

end of dawn, is one-tenth of the entire

prints, the r e f e r e n c e here is to R.

day (from beginning of dawn to end of

Hiyya; the correct reading is in the

dusk).

Rome ms. and the commentary of R.

parallel Bereshit

Eleazar Askari.

asserted that the entire sky represents

75

In the parallel version of this

a distance of 500 years and that

argument in the Babli, Rebbi Yehudah

between each sky and the next there is

In the next section and in the rabba

6(9), it is

6£

CHAPTER ONE

a distance measured by S00 years. It is

Babli Pesahim

not clear how the "distance of 500

tradition that the circumference of the

years" is meant to be computed.

earth is 6000 parasangs or 24Ό00 mil.

76

A mil is 2000 cubits. Therefore,

It is not clear at which latitude this

the exact length of a mil depends on

length is computed. Based on a Greek

the length of a cubit.

Based on a

παρασάγγης of 5.523 km, the com-

length of 55 cm for a cubit, the mil

puted 33Ό78 km would fit well with

would be 1100 meters.

the circumference of the earth at about

The Roman

94a, Rava quotes a

mile was 1473.2 m. A mil of 1100 m

the latitude of Jerusalem or Southern

would give a daily trip of 27.34 English

Babylonia.

miles.

would be 1380 m.

Determination of the mil by

modern Rabbinic authorities vary from

77

960m (Rav Naeh) to 1152m (Hazon Ish)

of Earth.

and 1296m (Hatam Sopher).

«1ÌO

The abyss being below the mantle

In the

^ T ? Γ φ > >3"» DON ,ΓΟψ J1ÌNO ΨΟΠ

niçn v n o r i n ΐζΟΊ

J v y j i o a >p

Λ1ΝΠ

ty

t i í n o w n r ) - ^ i p n w^b

.iato - α · } >(VP n>n"j OÜ^

o?1¥>?

ü ^ l l>a

i o n an

n a i ? (TTV >a*i - i ç n ."m a m n >n?

.wipi

.^>pnn rmn>

.nriw

V"V?N

i m o won q^rjo

^ΊΝΓΙ

. m y i m p w n ç îtèïW? v^iV"! r o y

.rjiíia ϋ > ρ ι >ιη . o ^ n n n i n a p p * i >η> v a ' a n -mon

ptn> y p - j

nM^pj

' O ' ? D>3WN-)n J1Í3N

î t ë o ç ϋ ' Ρ Ι ï y i r j i y -in>o n > n n n » i

>3ΓΙ

rpiHpri ."|în γ ι ν π ί ρ ψ π > i 7 v n n * V

.Tivi o > ) y y a y π ^ ί ΐ ο WD·) . o V o>ya-¡N Oypl

O"0 ^

.irrp

o^wwiP ΤΠΝ ο»»ο "XV >3τι . o ? n >ΐ>3 ϊν

d?*îî»p w i s rpiHpn . r m w i p n r i

an

The corresponding mil

ν^ΝΊπ ova .V'Pin "to?

ì v p l » ì I O N J^NI nip

niNn won vn o v ó

^ P i n vy-ιρ?

-im

.pp-jn

. p p " ) n n>>v?n V P ?

Is has been stated: The Tree of Life is wide a parcourse of 5 0 0 years. Rebbi Yehudah ben Rebbi Hai 78 said: not only its crown but even its stem.

m

HALAKHAH1

All the splitting of primeval waters splits under it since (Ρ s. 1:3) "He shall be like a tree planted on split waters 79 ." It has been stated: The Tree of Life is one sixtieth of the Garden. (Gen. 2:10) "And a river originated in Eden to irrigate the Garden." The remainder of a kur is a triple qab, a sixtieth 80 . The remainder of Africa is Egypt, a sixtieth. We find that it is said that Egypt can be traversed in 40 days 8 1 .

Black Africa can be

traversed in slightly more than seven years 82 . But the teachers say [the sky is determined] by the days of the patriarchs (Deut. 11:21) "like the days of the sky over the earth." 83 And just as the sky over the earth is at a distance of a way of 500 years so between one sky and the next is a way of 500 years and its thickness is a way of 500 years. Why did you see fit to say the thickness of the sky is a way of 500 years? 8 4

Rebbi

Abun said 85 (Gen. 1:6): "There shall exist a spread-sky within the water." The spread-sky shall be in the middle. Rav said: the sky was wet on the first day and jelled on the second day.

Rav said: "There shall exist a

spread-sky": the sky shall strengthen, the sky shall jell, the sky shall solidify, the sky shall be spread. Rebbi Yehudah ben Pazi said: The sky (»'¡y"1) shall be made like a piece of cloth, just as it is said (Ex. 39:3) "They stretched (w¡vm) out the gold sheets." 78

He is Rebbi Yehudah quoted in

vessels used for a kur of grain one can

both T a l m u d i m w i t h o u t his f a t h e r ' s

still irrigate three qab.

name.

qab.)

79

Taken as an allusion to paradise.

It is c l e a r f r o m t h e t e x t that

81

(A kur is 180

Egypt is d e f i n e d as the country

the

between the Mediterranean and A s w a n

Garden of Eden and the Tree of L i f e

(Syene). The distance was determined

are not earthly creations.

by the Alexandrian a s t r o n o m e r Era-

80

tosthenes to be a p p r o x i m a t e l y

From here on there is a parallel in

Babli Taänit

10a. Rashi explains there

that with w h a t r e m a i n s in w a t e r i n g

stadia.

T h e l e n g t h of

the

5000 Greek

Stadion is no better d e f i n e d than t h e

m

CHAPTER ONE

Jewish mil. The distance is in the order

84

of magnitude of 1000 km or about 650

against the anonymous Sages who had

miles.

earlier defined the thickness of the sky

82

All commentators are at a loss

I.e., to take the part of R. Yehudah

as the equivalent of 50 years.

The

here since it should say "slightly less

question remains unanswered.

than seven years" (2400 days) but there

85

is no manuscript evidence for such a

detail in Bereshit rabba 4(1). There we

reading.

read: "The rabbis say in the names of R.

83

The full verse reads: "that your

Hanina, R. Pinhas, R. Jacob bar Abun,

days and the days of your descendants

in the name of R. Shemuel bar Nahman:

This section is given in greater

should increase on the Land that the

When the Holy One, praise to Him,

Eternal had sworn to your forefathers

said: 'there should be a spread', the

to give to them, like the days of the

middle drop jelled and separated upper

sky over the earth." The days of the

and lower waters."

forefathers were 175 years for Abra-

opinion of Rav is quoted.

ham, 180 for Isaac, and 147 for Jacob, together 502 years.

After that the

The opinion of R. Yehudah ben Pazi

The time when

is given there by R. Yehudah bar Simon

Abraham recognized God as the

(the full name is R. Yehudah ben R.

Creator is a matter of controversy in

Simon ben Pazi where either "ben Pazi"

midrashic sources; our source here

is a family name or Pazi is one of R.

seems to side with the opinion that

Hiyya's twin daughters, Pazi and

Abraham recognized the futility of idol

Martha). So possibly R. Abun here is

worship at age 3; then his years as the

the father of R. Jacob bar Abun in the

Lord's servant were 173 and the sum is

second generation of Amoraïm and not

500.

the late R. Abun.

> N - p o ' v t t r i o > p n y ! ? i » y ^ ρ η τ » N3>?n > 3 i -»oto n o ! p r i V N n ? 1>N-)i n y v ì η ^ ψ ' ^ ι

ν π ν >2-> - i & n t

. 0 0 ? l V ^ u ΙΠψ TOty J P P T S >N-p i n t o Ίίφη

v ? " } ^ im»

.o>p$r> xpptfin

It has been stated in the name of Rebbi Joshua 8 6 : the thickness of the sky is two fingers wide. The words of Rebbi Hanina 8 7 disagree, as Rebbi

71

HALAKHAH 1

Aha said in the name of Rebbi Hanina ( J o b 3 7 : 1 8 ) "Go to spread the skies with Him; they are strong like a cast mirror." "Go to spread", that shows that they are made like sheet metal. I could think that they are not sturdy but the verse says "strong". I could think that they might w e a k e n 8 8 , the verse says "like a cast mirror;" at every moment they appear recast. 86

Rebbi Joshua ben Hananiah, one

by late Amoraïm.

of the two foremost students of Rabban

87

Even though his words are

Yohanan ben Zakkai, of the first

reported by Rebbi Aha of the fourth

generation after the destruction of the

generation of Amorai'm, R. Hanina here

Second Temple. He is known for his

is R. Hanina bar Hama of the first

cosmological opinion, explained in the

generation.

first chapters of Seder Olam, that the

ambiguous as are most verses of that

world was created in Nisan. Here he

book. The verb vpin is usually taken

disagrees with the opinion of the later

to mean "to reach the sky"; here it is

rabbis, discussed up to now, that the

taken in the sense "to work metal into

width of the sky is a parcourse of

thin sheets" indicated in the previous

several years.

In the Babylonian

section by R. Yehudah ben Pazi.

Talmud Hagigah

15a, R. Joshua seems

88

The verse from Job is

At some time in the future. The

to oppose the opinion of Simeon ben

Targum to Job

Zoma who defines the spread between

refined metal". The implication here

the lower (terrestrian) and the upper

seems to be from the passive participle

(heavenly) waters to be three digits;

pxin "being cast" (or "refined") in a

smaller measures there are only given

timeless manner.

CHN

(fol. 2d) I O N ·)3ην >3-) , ύ ψ ϊ

a>rpì >·ρ

οηηρη ion tn? 0 > > ? ÎJÇi) O-JN

>ρ ν Νΐη ο ' ο ψ η

νιρϊ

o í ? ? ο ν ηϊη

.τη

12 ή ν » ? ^

D>P\n

. ρ ^ ο >Ν*ρ NDn o n ? r m b o n ^ ç

ι ? ή ν ρ ψ >:η7

Π)0 . ψ η ^ Ό OV ΠΝ CPÎI^Nl

ÌÌV)?W >3*y! ·)3πν

.na*) mrrçi >·ρ ì y t?niN nrito

1ÇN

η ν ψ ? 1>ΝΊ3 i n n y v ì n y ^ ' t o a

translates "mirror of

^

η η ΐ ν >3-» .·|ΓΙΪ?>3>

Λ ν ^ ν η Oi»3

ì>3V n o p " !

ηιηψ

Î7D»!

ró-r^ìn π ^ ν n n r i i

72

CHAPTER ONE 03D3

. N S V Υ φ η ΐ OID) VHÎn

Γύψ")

,N2ÍÍ> ο ί η

-

D>n>hf * n w y oi>? ΟΝ-Ι3Π1 "ΌΝη ) ο>»ψη r m > t a

τα&ν VW

89

Rebbi Yohanan and Rebbi Simeon ben Laqish . Rebbi Yohanan said: Usually when someone stretches the ropes of a tent, in time the ropes will loosen. But here (Is. 40:22) "He stretched them like a tent to sit in," and it said (Job 37:18): "they are strong."

Rebbi Simeon ben Laqish said:

"Usually if someone casts a vessel, in time it will rust. But here "like a cast mirror," all the time they look like newly cast. Rebbi Azariah 9 0 comments on the remark of Rebbi Simeon ben Laqish (Gen. 2:1-3) "The sky and the earth and all their hosts were completed. God finished on the Seventh Day . . . and God blessed the Seventh Day." What is written after that? (Gen. 2:4) "These are the generations of the skies." What has one to do with the other? Only that a day comes and goes, a week comes and goes, a month comes and goes, a year comes and goes 91 . And it is written (Gen. 2:4) "These are the generations of the skies and the earth when they were created, on the day that the Eternal, God, created earth and heaven." The brother-in-law and, according

including sky and earth. His statement

to Babylonian tradition, student of R.

here seems to say that the generations

Yohanan. They both elaborate on the

of the sky are the astronomical periods

verse from Job treated by R. Yohanan's

and that nevertheless everything is as

teacher R. Hanina.

on the day when sky and earth were

90

created.

89

One of the teachers of the fifth

generation of Galilean Amoraüm.

In

91

The use of masculine forms for

Bereshit rabba 12, R. Azariah explicitly

both masculine and feminine is not

objects to the opinion that everything

uncommon in the Yerushalmi.

that has generations will wilt and die,

71

HALAKHAH 1

•τη* D3ÌV9 τηκ v n n

n i n a y * * 1>31ί
ia>ö

πνη

,nyv> n ^ - i N i

0 ^ 3 n > ; n a >3-) . ν η η N i n n>a? .riy'? n v 3 " | i < i

N i a n η ψ ί ρ ρ ο *ΤΠΝ v n n t w ì o y j >?ri .·)?*> T ) 0 ? witrç» i i o i N

ony/^o

V"!>?N 1531)

iipw!?

>3-1 . n y v > Γ φ α ψ ι D>V31Í<1 ï i î n o n j i n w o>£fc>f n y w i .r»iD>nn m i-.· n v :m- nτ ν ι ο τ · -

R e b b i 9 2 said: T h e r e are f o u r w a t c h e s d u r i n g d a y t i m e a n d f o u r at nighttime.

T h e period is o n e t w e n t y - f o u r t h of an hour. T h e t i m e is o n e

twenty-fourth of a period.

The m o m e n t is o n e t w e n t y - f o u r t h of a time.

H o w m u c h is a m o m e n t ?

Rebbi B e r e k h i a h in the n a m e of Rebbi H e l b o

said: as long as o n e needs to p r o n o u n c e it. T h e S a g e s say the m o m e n t is like the blink of an eyelash. Samuel did formulate: the m o m e n t is o n e in 5 6 , 8 4 8 of an hour 9 3 .

Rebbi Nathan said three: (Jud. 7:19) "at the start of

the middle watch." 92

Since Rebbi E l i e z e r in t h e

practice.

Rebbi

Nathan,

a

Mishnah had defined the time of the

contemporary of Rebbi known as "the

recital of Shema' as the first watch in

Babylonian", f o l l o w s a B a b y l o n i a n

the night, the discussion of the Mishnah

tradition that also seems to have been

now turns to the legal determination of

the old Israelite p r a c t i c e since the

the length of a nightwatch.

The text

v e r s e f r o m J u d g e s s p e a k s of

one

here is composed of two sources. The

"middle watch" which is possible only

statement about the number of watches

if there are an odd number of watches

in a night according to Rebbi and

in the night.

Rebbi Nathan is a Tosephta (Berakhot

watch is three hours and it has been

1:1).

According to Rebbi, a

This T o s e p h t a a l s o has the

noted that R. Joshua, w h o a l l o w s

division of the hour and its subdivisions

Shema' to be recited during the first

by 24 parts each. This seems to belong

three hours of daylight, follows Rebbi

to R e b b i ' s

in the division of the day

statement

since

this

subdivision and the division of the

93

night (and possibly the day) is Roman

Yerushalmi sources [the Talmud here.

Of this part t h e r e exist t h r e e

74

CHAPTER ONE

M idrasti Ekha r abbati on Threni

2:19.

Midrash

Samuel

3(1)], all of w h i c h

scribal errors) a r e close to Samuel's number.

One may, t h e r e f o r e , assume

have an i d e n t i c a l text and t h e d e f -

that the original number in all Talmud

inition of the number of moments in an

texts was 56848.

3

hour by R e b b i as 2 4 = 13824, by

In t h e B a b y l o n i a n T a l m u d ,

the

Samuel as 56848, and by others either

number given is f r o m an a n o n y m o u s

as the time needed to say the word or

Tannaïtic source which also adds:

as the blinking of an eye.

In Baby-

"Nobody can d e t e r m i n e t h e m o m e n t

lonian sources (Berakhot 7a,

Abodah

exactly; only Bileam the sorcerer could

quoted

do that." In Antiquity (and the Middle

anonymously and a r e given as 58888

Ages), all astronomical c o m p u t a t i o n s

(printed editions), 56880

(Munich

were done in the technique of the old

manuscript), 56800 (Koronel manu-

Babylonians, in a number system based

script) in Berakhot

on s u b d i v i s i o n s by 60.

zarah

4a) t h e n u m b e r s a r e

and 53848 (printed

In g e n e r a l ,

editions), 56884 (R. Hananel), 56888

divisions were executed only

(Munich ms.) in Abodah zarah.

In Sefer

numbers that have an easy reciprocal

the reading is 5845.

in the sexagesimal system, i.e., they a r e

T h e o p i n i o n t h a t a m o m e n t is t h e

composed by factors of 60 (2, 3, 5, and

length of time needed to pronounce the

their multiples).

word is attributed in the Babli to Rebbi

people looked up the r e c i p r o c a i in a

A b i n ( w h o might be i d e n t i c a l with

table and then multiplied.

Rabin, a Galilean

the astronomer of most authority in the

Agadot H at almud

authority

who

for

Instead of dividing,

Samuel is

escaped persecution by an emperor and

Talmud.

b e c a m e an a u t h o r i t y in Babylonia.)

assume that his number, which is not

Only the numbers given in the Yeru-

invertible by the Babylonian method, is

shalmi t r a d i t i o n a r e c o m p o s i t e s of

a good e x a m p l e t h a t " n o b o d y

simple numbers; Samuel's number is 16

exactly determine the moment" because

XI1X17X19, w h e r e a s t h e B a b y l o n i a n

1/56848 is an i n f i n i t e s e x a g e s i m a l

Hence, it is r e a s o n a b l e to

can

numbers have no decomposition into

fraction. Hence, the comment of t h e

small factors.

the

Tanna, that "nobody can d e t e r m i n e the

n u m b e r s in t h e B a b y l o n i a n s o u r c e s

moment exactly," is i m p l i e d in t h e

(who have b e e e n c o p i e d and e d i t e d

number of Samuel and t h e Babylonian

much more than the Yerushalmi and,

text is a derivative of the Yerushalmi

t h e r e f o r e , a r e more likely to contain

text here.

N o w most of

HALAKHAH 1

21

ο ί ρ κ rfr»^ n t a q '3-1-7 r p o y o w p ï 13 T»V>?Y> »31 ->©N n » p t n >3-1 . T m o y j N »)»y 1 0 7 p I>TI?Ì

»\?£>v>p

t > Jivrin>

n ' p y o -»on n j n n - ) >317 n»py\? - i o n τ η N a »31 ι ρ ' ΐ ΐ ' 3 i

IK® ηιίοψκη .rù^

» o n »311 lp»i^ u n

i n î »317 n»py\? ">P7 i n ç i

rmn o'py?

. n ^ n i s q >3-17 ' p y \ ? i i r r

n i s q >317 n»ny\? i n j ' 3 i o»»pp 10 .nji3>rin

m i v p "Wis τ π n»ny n y ^ ? ™

'N3 u n

.Jii-im>N »3»y 1 0 7 p o » p y ? i

. j m n y w »3»y 1 0 7 p i o s y r m y p -Tyic n»m> n ^ V ? 1 r n i y DON "ΤΝΤΨ NID . η ' 0 7 * M > Η?ΨΡΙ N>Î)N NJTIN n i q N^ O P N ' ^ S N ,'N-|37 n n p ' N » n i p i n n p > -i»yjiN .-ιηψ n y y N niap-j :733η r m y n i a ? N5>)n N W

,-ιηψ r v v y N

I N ^ "»oiN"! I N O P P ty

n n p » N 0 7 p i n Dit?? 3>yin n"? >ip»N RPM .'> - n i y p ΝΙΠ t ö ΝΊΟΨ . n y w - n i y p

"|3*ì7 .-»ηψ n y y N ->pn JW") . " n i i y p "ΐηψπ n i » p > -

-IOÌN NÌD) . o i p N r ù ^ r i t e n ->pΝ TIN ) .riiyy

l y ·)»?#?

' 3 i DW? o n ? » ? »31 .nv>iy * m n»n n ç i » s n s -Tpiy) v j i w n i ö i3jpi3") -ώ? - )

0 ^ 3 lîopi poiy

isni o»?!?p

. q p i * »y>?yn !?y ï v i ) η»π o n i p

τ η ON n o i

m r i n n u n i»n n o i . r n i n »i»3Q iypv>?y

VJIISIIM 7J33 »TON Η»Π τ 77: τ ττ

»TO »3*1 ION .DODI DÖS ΠΠΝ I?Y UNτ Mτ I N I· - τ τ - ; τ - *

. ì ' bτ ' N· ·O· · · 13130 TVm Ì 3 11333301 n!7»Ì>3 JUVÓO Ι1»3Ί33: m i Π»Π1 "ΤVT · · - j τ τ : ν ν : · : τ : - 7 7 " : τ τ : · τ OWpn

Ν^Ν I N ? 3W1D Ì»N

τ

.·)»ρη 1Î33 Π'ΓΙ) 3'T1?7 N i n n , ν ^ ' Ν Ο i w p π»η

Rebbi Zeriqan and Rebbi A m m i 9 4 in the n a m e of Rebbi Simeon ben Laqish:

The reason of Rebbi is ( Ρ s. 119:62): "At midnight I get up to

thank You for Your just laws." And it is written (Ps. 119:148): "My eyes preceded night watches." Rebbi Hizqiah said: Rebbi Zeriqan and Rebbi Abba, one explained the reason of Rebbi, the other the reason of Rebbi Nathan. He who explained the reason of Rebbi: "at midnight".

He who

explained the reason of Rebbi Nathan ( J u d . 7:19): "at t h e s t a r t of t h e middle watch." 9 5

H o w does Rebbi Nathan uphold the basis of Rebbi's

76

CHAPTER ONE

reason, "at midnight"? Sometimes "at midnight," sometimes "my eyes preceded night watches." How is that? When David had a state dinner, "at midnight." When he ate by himself, "my eyes preceded night watches." In no case did dawn come and found David asleep. That is what David said (Ps. 57:9): "Wake up, my honor, wake up, o harp and lute, I shall awake dawn." My honor has to be awake because of the honor of my Creator. My honor counts for nothing before the honor of my Creator. I shall awake dawn, dawn will not awake me. His evil instinct was trying to seduce him and told him: David, usually dawn awakes kings and you say "I shall awake dawn!" Usually kings sleep until three hours into the day and you say "at midnight I get up!" But he answers, "for Your just laws." What did David do? Rebbi Phineas in the name of Rebbi Eleazar ben Rebbi Menahem 96 : He took a harp, put it on his headboard, got up at midnight and started playing on it so that his companions in the study of Torah should hear it. What were his companions in the study of Torah saying? When king David studies Torah, certainly we have to do it also! Rebbi Levi 97 said: a lute was hanging in David's window and in the night the North wind was blowing and moving it and it was playing by itself. This refers to what is written ( 2 K i n g s 3:15): "It happened when the musical instrument was playing." It does not say "when he played on the musical instrument" but "when the instrument was playing"; it was playing by itself.

Rebbi Ammi (or Immi) was the

follows: King David declares that he is

successor of Rebbi Yohanan as head of

used to get up at midnight and also that

the academy of Tiberias.

Rebbi

he gets up at the start of some night

Zeriqan was another student of Rebbi

watch. But if midnight is the start of a

Yohanan.

watch then the number of watches has

94

Their argument g o e s as

77

HALAKHAH1 to be even. [The parallel in the Babli

97

The preacher in the academy of

(Berakhot 3b) is a shortened version of

R. Y o h a n a n .

the Yerushalmi (in p a r t i c u l a r , in t h e

without the r e f e r e n c e to the story of

A shortened

version,

Ashkenazic manuscript tradition.)]

Elisha, is a Babylonian t r a d i t i o n , by

95

contemporary Babylonian teachers, in

96

See the preceding paragraph. Rebbi Eleazar ben Rebbi Mena-

Babli Berakhot

3b. T h e verse quoted

hem was an Aggadist of the generation

talks a b o u t t h e p r o p h e t i c e x t a s y of

of Rebbi Ammi; Rebbi Phineas belongs

Elisha b e f o r e king J e h o s h a p h a t .

to the following generation. A parallel

Elazar Azkari explains that the verse

Babylonian tradition is given in Babli

from Kings can be taken to be parallel

Berakhot 4a. T h e Yerushalmi version

to Psalms 57:9 since in the latter verse

is also found in Pesiqta

Kahana,

the harp is also adressed directly, as a

Midrash

living being.

n W n '*na

dRav

13 a n d in

R.

Tehillim 119.

Ν31Π > 3 1 Ί 0 Ν Ν3>ρ >3-ι Ι Ο Ν

.rUÌD>Jin ϊ η ί ϋ ψ Ν Π W Ï O

>3*Π ΝΙΟ^Ο

. π ^ η n * n ì D ^ r i p i n n>yp>y> ϊψ

l i t ? -TV1 Ν3ψΓ)Γ1)3 N b N T P p i j ?

Π3ί3>31

0»j?)p ΠΙΟ

η ψ ι ό ι ΓΡ3ψ

n Í J Í 3 > n 3>T1D >0

naw .nÌN>"!

H o w d o e s Rebbi uphold t h e basis of Rebbi Nathan's reason, "at t h e start of the m i d d l e watch"? 9 8

Rebbi H u n a said: t h e e n d o f t h e s e c o n d and t h e

start of t h e third split the night i n t o t w o .

R e b b i M a n a said: Is this true?

D o e s it say "watches"? N o , it says "watch"! T h e first w a t c h d o e s n o t c o u n t since there the creatures are still a w a k e . 98

This is the logical end of t h e

Rebbi.

Both Rebbi Huna and R e b b i

p r e v i o u s discussion t h a t was i n t e r -

Mana belong to the f o u r t h generation

rupted by t h e aggadic interpretations

of Galilean Amorai'm, rather later than

of the verses sustaining the opinion of

the authors of the previous section.

78

CHAPTER ONE

,D>0Dr)3 nD^n u n i » >3-1 0 ^ 3 no» >31 .ritan "ry o n p i N o > » ? o i vovp n>>-¡(? iiriN κ π η ί Ν ^ Ν ^ τ ρ ^ ο y m ^ y>H mT)3N n>ri>>>? D>)?Dri5 riD^r)^ π ί ρ ν n>ri>>o -ιηψ? τ ι ν ? ? η Ji>3? vm

-»oín γηψ

i p s i a ηό·> .vptpìWni Jitan o f i p

JII* í o i p n >ari .3>s>·) Jipïf nnht D n y j -ι^Νψ

V3 n o i . n n n ^ i ? ί ο ί ρ η p n n n . i n i i n h > Jli-»i?> "J1"!* D"|N

κροβ

h"? n ^ v i .iriiin v p Hy>r

DVO n n ipi> 3*1 oy¿3 Ν31Π >3")

N~ópd

nn»3N n>ri>>n ."ppnçri nt< n n ? n > ^>3^3 n-iya i n m ν ο ψ

.ρ 3 > 3 1

*ì3 t w i n y »3*vt n>ri!p>»p

nçN ιηΝ ο η χ ι

>3î Î73î?o n i n n*yo>y> n > w m n *T3 >?»P3 -»3

Ti? H i ? ! l i n i ' I R nir) rpn ìoyoy>o

nini

>i»n N3ifl>>ori >3-11 Ν η κ >3*·» N n y o >NÇI .ΓΡΓΙΡΥ) 15 η>3>» ν ρ ψ N i n i D33?yi)p ì y Dp33!?3 η ρ κ WOOT ^N)

1903 -»3 ^ W n y '3"! 0 ^ 3 .rùv

i»i7i

New Section." "But the sages say until midnight." Rebbi Yasa 1 0 0 in the name of Rebbi Yohanan:

Practice follows the Sages. Rebbi Yasa

commanded his colleagues: if you want to study Torah then you should recite the Shema' before midnight and then study 1 0 1 . His words imply that the practice follows the Sages. His words imply that one may speak after Emet Weyaziv102.

It was stated: He who reads the Shema' in the

synagogue during the morning service has fulfilled his duty; during the evening service he did not fulfill his duty 1 0 3 .

What is the difference

between him who reads in the morning and him who reads in the evening? 104 Rebbi Huna in the name of Rav Joseph: 105 Why did they say, a man has to read the Shema' in his house in the evening? In order to make evil spirits flee. His words imply that one may not speak a f t e r Emet Weyaziv.

The words of Rebbi Samuel ben Nahmani say the same.

When R. Samuel ben Nahmani descended for the intercalation 1 0 6 , he was received by Rebbi Jacob the groats miller. Rebbi Zeira was hiding among

79

HALAKHAH 1

the crates to hear how he read [the Shema']·, he read it over and over again until he drifted away in sleep. What is the reason? Rebbi Aha and his father-in-law Rebbi Tahlifa in the name of Rebbi Samuel bar Nahmani (Ps. 4:5): "Tremble, do not sin, talk in your hearts on your couches and be silent, Selah."107 99

Quote f r o m the next part of the

t h e night.

It is s t a t e d in M i s h n a h

Mishnah that is going to be discussed.

Sabbat

100

thing he is doing to recite Shema' at its

Rebbi Yasa in the Yerushalmi is

1:2 that one interrupts e v e r y -

Rabbi Assi in the Babli, the head of the

proper time.

Academy at Tiberias after the death of

that all these scholars did recite Shema'

R. Y o h a n a n .

in the synagogue. It was stated at the

It s e e m s

that

p r o c e d u r e s w h i c h R. Y a s a

the

recom-

Hence, wc may assume

start t h a t one r e a d s Shema'

in t h e

m e n d e d to his c o l l e a g u e s w e r e not

synagogue, w h e n Minhu and M a ä r i v

explicitly given by Rebbi Yohanan but

services a r e held together while it is

r e f l e c t e d the general tradition of the

still before sundown, to stand in prayer

Academy of T i b e r i a s .

a f t e r studying words of Torah.

In t h e Babli

[This

(Berakhot 8b), Rav Yehudah says in the

Israeli practice was followed by Ash-

name of Samuel that practice follows

kenazic Jewry, whose ritual basically

Rabban Gamliël who allows the recital

was Galilean, until the

of Shema' after midnight in emergency

Century as can be seen from Rashi to

sixteenth

cases. From the next "New Section" in

the first Mishnah, Tur Orah

the Yerushalmi it is clear that this is

235 and the glosses of R. Moshe Isserls

not the Israeli position; they forbid the

Orah Otayyim

recitation of the Shema' after midnight.

disapproval of the main commentators

T h e o p i n i o n of S a m u e l

of Shulhan Arukh, Magen Abraham

represents

either the autochthonous Babylonian practice

or

the

teaching

of

the

A c a d e m y of N a h a r d e a f o u n d e d by Hananiah ben Hananiah, the nephew of Rebbi Joshua, at the time of the revolt of Bar Kokhba. 101

One talks here about studying in

235.

Otayyim

Bccause of t h e

and

TaZ, the practice has disappeared in all Ashkenazic congregations except those of the old German rite.] The question h e r e is w h e t h e r t h e r e c i t a t i o n Shema'

of

a f t e r n i g h t f a l l is n e e d e d in

order to fulfill the obligation of Shema' or whether it is needed to protect one's

80

CHAPTER ONE

sleep from evil influences. In the first

were recited in the synagogue and that,

case, one recites Shema' as soon as

therefore, they had to be recited at

possible and then continues one's

home and could be combined with

normal activities; in the second case

other prayers. It follows that "one may

one may say Shema' only when one

speak after S'Vi ηβκ" can mean that

actually goes to sleep and then cannot

one does not have to mention the

say anything anymore before actually

praise of God for the redemption of

sleeping.

Israel from Egypt immediately before

102

starting the Amidah prayer. This inter-

In the Babylonian ritual followed

today, the benediction after Shema' in

pretation

is g i v e n

by

several

the morning is 3**ί nsK but in the

commentators of the Yerushalmi,

evening n»»xi nan ; in Israel the same

foremost among them R. E l e a z a r

, ,

version, 3 x i nax, was recited morning

Askari. However, since the obligation

and evening.

to "connect the redemption to the

We find a disagreement between

Amidah" in evening prayers is given in

Rashi and his grandson Rabbenu Tam

the name of R. Yohanan in the

about the practice of praying Maäriv

Babylonian Talmud (Berakhot 9b) it is

immediately a f t e r Minhah, b e f o r e

difficult to state the opposite opinion

sundown. According to Rashi on the

here in the name of R. Yohanan.

Mishnah, the practice of reciting the

103

Shema' is exclusively to start the

However, Raviah, the foremost Ash-

Amidah prayer after words of Torah.

kenazic authority of the early thir-

This supports Rashi's opinion.

Hence, the only valid recitation is in

teenth century, writes that "I have

the night. According to Rabbenu Tam

received in tradition from Rabbenu

(Tosafot Berakhot 2a), the prayers are

Tam that practice does not follow any

held after plag haminhah,

of these statements but R. Yehudah in

not more

than 1.25 variable hours before sun-

Mishnah Berakhot 4:1."

down, and according to an opinion of

104

R. Yehudah mentioned later in the

the text and seems to be a marginal

Mishnah, both Amidah and Shema' are

gloss copied into the text since the

valid prayers. According to Rashi, it is

quotes of this section in Raviah (#1,

possible that the original minhag of the

vol. 1, p.5) and in Midrash

Jews in Israel did not imply that the

(4[91) do not contain the sentence.

benedictions before and after Shema'

105

This question has no answer in

Tehillim

Rebbi Huna is a younger Ga-

HALAKHAH1

M

lilean Amora and is not to be confused

assembly of the l e a d e r s of

with Rav Huna, the student of Rav and

generation at a place called Callirrhoe

leader of the second generation of

(Hamat Gader). Rebbi Zeïra probably

Babylonian Amorai'm. Rav Joseph is

was too young at that time to be

the Babylonian (bar Hiyya), leader of

invited to the procedings but came to

the third generation in Babylonia.

attend the gathering of the Sages, in

Rebbi Huna often quotes Babylonian

order to learn from their ways.

authorities and, therefore, possibly was

the

While in the Babylonian Talmud nm

a Babylonian immigrant to Israel.

means "to leave the Land of Israel", in

106

Rebbi Shemuël bar Nahmani (or

the Yerushalmi it can mean simply "to

Nahman) was a student of the early

descend", in this case into the Jordan

Israeli Amora Rebbi Jonathan and one

valley from his residence in Lod.

of the creators of the Midrash.

107

The

This paragraph is the basis of

declaration of the addition of a month

Rema's notes in Shulhan Arukh

to the twelve month lunar year before

H ay y im 239,1, as noted by the Gaon of

the publication of the computed

Wilna.

Orah

calendar was always made by an . Η Η Η Η N I O ^ O N P >I> ΗΗΗΨ

YWIRP

>Ì> •)? YYNN> R N ? RPRI>>N

TÖ IRÍA .3>S>"!

Ί Π Ν O N } " 7 I O Í N Ι>Κ >?RI N M

DD>PP!? *)DJI

,·)Η NTEOJP

N>»P*Ì> -»5 Ν 3 Ν 3 I O W ? N * V Y \ >3"> 1 ) 9 1

ηο>ρτρ> «ÎDJI

.nb>3jp

<î?ii

π is ì D - i i ì v n p . n i * o v a >">

on>

r m ? oh?


.np>ny

«pri .οηψ·ι i p o " ) np>ny)

n n n a 3>rç? n o .>3 n>?N · ρ : η > vp> n ^ a r i n £ i N ì > <pri

I ' N η ρ > Η Ψ > η o m v ΗΡΊΤΙ Ν ΐ Η Ψ >O _ !?3 -pa >AN >5 >OI> > 3 1 -MON N P P > ? Ì O ^ N Ν?*

D H > N £ > P ? > «IPIN Ν ΐ Η Ψ ' O ^ D " )

Ì J I Ì N ? :N\PP>P ·)ΡΨΗ Ρ Κ N£>3JP> N!?ÌN? i p i r i Ν ΐ Η Ψ

ISII?

NIIYP NNIN?

N »τ - >· τÎ 3: N 3 J I H* S· :M: ·W: Γ)1?>3ΓΐΊ> N ^τ L N J ΓΙ>33Π N 3τ N— N W *· : > 3 1 I O• Nτ ~ : τ τ V P > I ? P I N >W?>N >33 JI>N ,Ν>η L A I M I

η>> U M

Nin n o > n ^ 3 3 i ninN}!? «ipin ύ>Νψ >0"Î7? »ON >31 DON NÌN n o Y P >

. D V D-

TNFL ^ > A I O .VP^S

ì y I N ^ S ϊ χ ρ>Η-ιηι N A Y I > o ty I I N I N > ,j>>?n Nìn TÌV

INW?

,ηρίι

î n s ç i vip30

CHAPTER ONE

82

The behavior of Rebbi Joshua ben Levi 1 0 8 disagrees since Rebbi Joshua ben Levi read psalms afterwards. But have we not stated: One does not say words a f t e r Emet Weyazivl

He explains that as relating to

Emet

Weyaziv of the morning prayers 1 0 9 , since Rebbi Zeira said in the name of Rav Abba bar Jeremiah 1 1 0 : There are three immediacies: immediately after leaning comes slaughtering 1 1 1 , immediately a f t e r hand-washing comes benediction 1 1 2 , immediately after redemption c o m e s p r a y e r 1 1 3 . Immediately after leaning comes slaughtering: "He shall lean . . . he shall slaughter" (Lev.

l:4-5) 1 1 4 .

Immediately a f t e r h a n d - w a s h i n g c o m e s

benediction, (Ps. 134:2) "Lift your hands in holiness and bless the Lord. 1 1 5 " Immediately after redemption comes prayer, (Ps. 19:15) "May the words of my mouth be for goodwill" and it is written a f t e r that (Ps. 20:2) "May the Lord answer you on the day of worry." 1 1 6

Rebbi Yose ben Rebbi

Abun said: For anyone who immediately slaughters a f t e r leaning, no disqualification will appear regarding his sacrifice.

For a n y o n e w h o

immediately pronounces the benediction after washing his hands, Satan will not find anything to accuse about at that meal.

For a n y o n e w h o

immediately prays a f t e r m e n t i o n i n g r e d e m p t i o n , Satan will not find anything to accuse him of the entire day 1 1 7 . Rebbi Zeira said, I am used to immediately pray after mentioning redemption and I was conscripted to forced labor, to bring myrrh to the Palace. They said to him: our teacher, that is an honor. There are people who pay money to see the inside of the Palace. Rebbi Immi 1 1 8 said: Anyone who does not immediately pray after mentioning redemption, whom is he to be likened to? To an acquaintance of the king who comes f r o m afar to the king's door.

W h e n the king

comes to see what he wants, he finds that the person left. Hence, the king also leaves.

HALAKHAH 1 108

One of the great sages of t h e

SI

(Berakhot 42a) in the name of Rav.

first generation of Amorai'm. He lived

111

in the valley of Beth Shean ( D e m a y

sacrifice in the temple, the votary has

2:1). It follows that his way of reading

to press with his hand on t h e head of

the nightly Shema', which is t h e one

the sacrifice before the slaughter.

followed today, is the oldest.

112

In t h e

In the usual process of bringing a

It is clear f r o m the f o l l o w i n g

Babylonian Talmud (Berakhot 4b) he is

that t h e m e a n i n g h e r e is t h a t

only r e p o r t e d to have stated the duty

mediately a f t e r washing one's hands,

to read t h e Shema'

while d r y i n g them, o n e has to pro-

b e f o r e sleeping,

with t h e r e a s o n of R. S a m u e l

ben

im-

nounce the a p p r o p r i a t e b e n e d i c t i o n .

Nahmani given by a Galilean Amora by

[ P o s s i b l y , it c o u l d m e a n t h a t

the name of R. Yose or R. Assi.

The

mediately after washing the hands one

psalms read by R. Joshua ben Levi a r e

has to pronounce the benediction over

detailed in Babli Shevuöt

bread that starts the meal.

15b where it

im-

The

is noted that, while it is f o r b i d d d e n to

urgency of starting the meal directly

use B i b l i c a l

after washing one's hands is ascribed in

v e r s e s as c h a r m s

in

healing, it is admissible to recite them

Babli Berakhot

for protection.

Shammai; this i n t e r p r e t a t i o n of t h e

109

Y e r u s h a l m i is implied by R. A q i b a

Here it is obvious that "words

52b to I he School of

m e a n any in-

Eiger in his notes to Babli

Berakhot

sertion b e t w e e n t h e b e n e d i c t i o n ^KJ

42a.] In the Babli, Berakhot

42a, t h e

Vm»' and the Amidah

same

a f t e r Emet

Weyaziv"

prayer. It does

expression

means

that

not follow t h a t t h e e x p r e s s i o n must

immediately after washing one's hands

have t h e s a m e m e a n i n g in t h e p r e -

after

ceding section.

and is not allowed to eat anymore.

110

113

R. Abba bar Jeremiah seems to

the meal one has to say G r a c e

This means that i m m e d i a t e l y

have been a Babylonian whose f a t h e r

after reciting the benediction: "Praise

(or uncle) was a contemporary of Rav

to You, o Lord, Who redeemed Israel,"

and w h o was t h e t e a c h e r of R e b b i

one has to start t h e Amidah

prayer.

Zeïra (Rebbi Zera in the Babli) when

T h i s c r e a t e s no p r o b l e m s

in

the latter was still in Babylonia.

The

morning prayers but is impossible in

parallel teaching is mentioned, in the

the evening since after the benediction

same w o r d i n g but with a d i f f e r e n t

( s t a r t i n g Emet

meaning, in t h e Babylonian Talmud

Weyaziv)

Weëmunah

or

the

Emet

t h e r e f o l l o w s at least one

84

CHAPTER ONE

more benediction and a Qaddish

to

in order to recall the entire sentence.

separate the recital of Shema' and its

The last sentence of Psalm 19 reads in

benedictions, an unconditional obli-

its entirety: "May the words of my

gation at least from the institutions of

mouth be for goodwill before You, o

the Men of the Great Assembly, and

Lord, my Rock and my Redeemer".

the Amidah prayer that in the night is

next psalm, disregarding the title "For

of conditional Rabbinical character.

the director, a psalm of David," stans:

When the principle "immediately after

"May the Lord answer you on the day

The

redemption comes prayer" was adopted

of worry."

also for the evening prayers (see

manuscripts were written without para-

preceding section), the intermediate

graph divisions, the description of God

pieces were declared to be "extensions

as redeemer and the mention of help

of the thanksgiving for redemption."

through prayer are consecutive.

The benediction immediately preceding

117

the Qaddish

was fixed by Babylonian

the Babli (Berakhot 9b), in the name of

Gaonim to be a benediction for future

the holy congregation of Jerusalem, i.e.,

Since psalms in ancient

This third statement is quoted in

redemption. The Qaddish itself may be

the Tanna R. Yose ben Hammeshullam.

a Gaonic institution.

To it is appended the story about Rebbi

114

Leaning and slaughtering are

Zera (Zeïra)'s complaint, only there he

two obligations of the votary given in

had to bring myrrh to the king himself.

two consecutive verses.

(However,

Since R. Zeïra was a Babylonian

leaning must be performed by the

immigrant to Israel, it is not c l e a r

votary himself but slaughtering can be

whether his forced labor occured in

delegated to a third party.)

Babylonia, on the occasion of a visit of

115

the Persian king, or in Galilee where

Hands lifted in holiness are An allusion to this is

he only had the opportunity to see the

found in the benediction that does not

interior of the governor's residence.

read "to wash the hands" but "to lift the

The language of the story in the

hands."

Yerushalmi points to its happening in

washed hands.

This derivation is a good

Israel, while the language of the Babli

example for the tendency of the

points to the Persian empire. It cannot

Talmud to assume that everybody

be

knows his Bible by heart and that it is

happened.

enough to quote the start of a sentence

118

116

decided

where

the

incident

In the Babylonian Talmud, he

appears as Rebbi Ammi, colleague of

his name usually is Immi. His simile is

Rebbi Assi/Yasa.

quoted by Rashi, Berakhot 4b.

>3-1?

In the Yerushalmi,

131ÏÏ N ^ N

- n o y >?$> n n N v m ty)

n o v Π > ν ? ψ TV i n i N !w>>)?î 1 3 1

η * ΝΊ.Ψ επΝψ o>ny?

(fol. 3a) D V ty ÌJ13Ìn

iç-t » 3 πα κη> ί κ

r n

>ίτττ "pypv>

Η Χ φ ) Ί Γ Ι ^ Π T i ö ^ *T»N> ΠΠΝΙ "ΐη^ΓΙ

."ρ η η η ψ 3 η * r i n - j y ? "py>?v> >3*1?

OV K n . ì p n Π3Π -»3 N 3 N 2 1 1 1

HpM

131 ν π

"»3 N » n i n i >V)N >Ν3ΓΙ l O > J t t >3"» .Vil

>3 Ν SP

Ι Ο ψ Ο *>y)H

New Section. "Rabban Gamliel says until the first sign of dawn." The statement of Rabban Gamliel is parallel to that of Rebbi Simeon, as we have stated in the name of Rebbi Simeon 119 : "Sometimes a person reads the Shema' [twice], once before dawn and once at dawn, and has fulfilled his obligation for day and night." Hence Rabban Gamliel is like Rebbi Simeon for evening prayers, is he also like him in the morning?

His

position might be that expressed 1 2 0 by Rebbi Zeira the Tanna 1 2 1 , the brother of Rav Hiyya bar Ashi 122 , and of Rav Abba bar Hana 123 : He who reads with the men of the Mishmar did not fulfill his duty because they were too early 124 . 119

He is Rebbi Simeon bar Yohay,

up or that the first minutes of dawn are

one of the students of R. Aqiba. In the

counted as night becausc most people

Babli ( B e r a k h o t 8b), t h e s t a t e m e n t

still a r e asleep.

occurs

Babylonian form is also in the Tosephta

in

two

versions,

either

The statement in its

"sometimes a person reads the Shema'

(Berakhot

twice during the night", or "sometimes

seems to be a Babylonian version. T h e

a person reads the Shema' twice during

Yerushalmi

the day" and there they have to explain

ambiguity but in parallel to the Babli

that either the few minutes b e f o r e the

one has to a s s u m e t h a t R. S i m e o n

start of dawn are already counted as

accepts that one may read Shema' twice

day because some people already get

within the span of a f e w minutes and

1:1); in general, our Tosephta

version

avoids

the

86

CHAPTER ONE

f u l f i l l two distinct obligations by the

laymen

accompanying

readings.

Maämad],

had to finish

120

The A r a m a i c / H e b r e w i m

should be read

as e q u i v a l e n t

the

their p r a y e r s

"3

before the start of service, i. e., b e f o r e

of

the first sign of dawn.

Babylonian: -i»»rc 'ΚΠ3. 121

them,

T h e Y e r u s h a l m i d o c s not t r y to

Meaning a person specializing in

the memorizing and recitation

of

answer the question r a i s e d , w h e t h e r Rabban Gamliel and Rebbi Simeon a r e

tannai'tic s t a t e m e n t s in t h e a m o r a ï c

of t h e s a m e o p i n i o n f o r

period.

prayers, since it already had decided in

A T a n n a of t h e

tannai'tic

morning

period never has the title "Tanna".

the preceding section that t h e practice

122

follows the Sages and, t h e r e f o r e , one

One of the foremost students of

Rav in Babylonia.

may not r e c i t e

123

First cousin and c o l l e a g u e of

midnight. Hence, the opinions of both

Rav and student of their common uncle

Rebbi Simeon and Rabban Gamliel a r e

Rebbi Hiyya. Their statement, slightly

of purely theoretical i n t e r e s t and no

e n l a r g e d , a p p e a r s as an a n o n y m o u s

answer is required.

baratta in the Babli Yoma 37b. It seems

quote from Rebbi Simeon is given as a

to be a Tosephta from the collection of

support to their decision that p r a c t i c e

the Academy of Rav.

follows Rabban Gamliel. It seems to be

124

T h e Mishmar

w e r e the priests

who kept watch during the night at the Temple service.

Since t h e T e m p l e

service s t a r t e d at t h e f i r s t signs of

t h e Shema'

after

In the Babli, t h e

the position of the Yerushalmi that in Temple

times

practice

followed

Rabban Gamliel in the Temple precinct and the Sages everywhere else.

dawn, the men of the Mishmar [and the

•van ,νοψ rus

n i i? ì*im π π ψ ο η

via

nwpo -a r\vtm

.nr»)?> ΟΓΙΝ ι>:ι»η -ιηψη "noy rùy ÍO o n ι φ Mishnah 2: It happened that his (Rabban Gamliel's) sons returned from a wedding feast and told him: We did not recite the Shema'. He said to them: If dawn has not yet come then you are obligated to recite.

31

HALAKHAH 2

"VKO

νγϊ) .n>rn?

ubi p i a i ^

invi

N a > p y >3-) N n i

ϊχ

·)ΐτ) :a

.ìwn?

N * ) p i a n ty >>>9 : n > n p N*Ì?ìv T3V

Halakhah 2. Rabban Gamliel disagrees with the Sages and acts upon his opinion? 125 Did not Rebbi Meïr disagree with the Sages and not act upon his opinion, did not Rebbi Aqiba disagree with the Sages and not act upon his opinion? 125

Since it is written (Ex. 23:2) "to

remark.

[The position of t h e Babli

yield to t h e m a j o r i t y " , a r e l i g i o u s

here is quite different: Since the action

authority is not allowed to act upon his

of Rabban Gamliel is mentioned in the

personal opinion if it d i s a g r e e s with

Mishnah

the majority.

remark, it follows that general practice

This p r i n c i p l e is then

i l l u s t r a t e d by s e v e r a l e x a m p l e s .

It

without

a

disapproving

follows Rabban Gamliel since

therefore is a big question why Rabban

p r a c t i c e of a r e l i g i o u s

Gamliel's action is m e n t i o n e d in t h e

overrides theoretical arguments.]

Mishnah

without

V?V ' Μ Η

a

rP™?

ιΌ on in«

Î7j?p

authority

disapproving

"T3V

^

" » ' W ' 3 T F 1ÇPW* IDI

, π ι ψ i n y n Ì>>3Ì ι ρ ψ η ifnvrç» >rin>N . r n ^ a n > n > n > r o i i > N

T N » ' i - i n>n - ν π »

ρ

the

ft

il

>a*>

>333 . - v » w π ι ψ : n y n i 3 * i p

« ψ ί ^ η n b n - a p i . n a ^ a n>n!? ^ ί ο ^ ι içrçr)1»

>3 ï y I N

I O N ) , ; p » n 3 ïy>a>? Π Η ^ Τ

.nan

^m

^

"-»ON·)

ηυη

' » f "»vpoo ο η η Ν ύ

So we find that Rebbi Meïr disagreed with the Sages and did not act upon his opinion. We have stated: One rubs olentia126 on a sick person on the Sabbath; but only if it was mixed with oil and wine bef ore Sabbath eve. But if he did not mix it before Sabbath eve it is forbidden. We have stated: Rebbi Simeon ben Eleazar said: Rebbi Meïr did allow to mix wine and oil and to rub it onto a sick persion on Sabbath. When he fell sick,

88

CHAPTER ONE

we wanted to prepare the same for him but he did not let us do it. We said to him: Our teacher, are you going to invalidate your words when your life is in danger? He said to us: even though I am lenient for others, I am stringent for myself because my colleagues disagree with me. 126

Latin olentia "sweet smelling

Sabbat

13 w h e r e it b e l o n g s to a

things" (E. G.). There are at least two

sequence of statements that one may

kinds, one mixture used for medical

not use edibles for medicinal purposes

purposes, and one, m e n t i o n e d

in

on the Sabbath except if used also as

H a l a k h a h 6:6, to be used as air

food. For example, for a toothache it

f r e s h e n e r in a house.

The Babli

is possible to rinse the tooth with

(,Sabbat 140a) defines medical rrniibK

vinegar on condition that the vinegar

as a mixture of wine, olive oil, and

then be swallowed; it is not admissible

balsamum, used to reduce fever. [Brill

to spit out t h e vinegar a f t e r use.

derives the Hebrew word from Latin

Hence, it is not allowed to mix wine

(unguent um) oleamentum, an ointment

and oil with balsamum on the Sabbath

made with a base of olive oil. Jastrow

since that would make it inedible. The

(followed

and

parallel quote in the Babli is Sabbat

Lieberman) derives the word f r o m

134a; the only difference in the texts is

Greek

that the Babli and Tosephta have a

by K r a u s s ,

Low,

οίνάνθη, οίνανθίς,

Latin

oenanthe, which however means only

purely

"bloom of the wild grape" and clearly

Yerushalmi has the connccting remarks

is inapplicable here.]

in Aramaic.

Hebrew

text

while

the

The entire quote is from Tosephta ΊΓ^ϊΠ »nn ρ

.ΓΡΓΠ:? -on

- n y N ^ Ì p i a n ï y iV?a nt>Ì?ÌI r n i i r a v f w ν η

. D ' î i p ο ψ ο r i n n yo -qn

naip w n r i i ny^ç o n N?i-in o r q i n ϋ ΐ ο η

.cpjio

o w n Jibttpiarr) r m w n yari

. p i n o p o>>»ni noo>? í u ' p í » tiwdh t w î

r n n i n i > a o -i?3>? n i o ^ j » n N > p

*rnt< n n n m/TV) i n ? v n N a i n n c i n c i n .VNíporp I N ?

V")D\?>? I N ? *>>i

.iny ο>Ν?ννν;?3 mpN

n ç v » ? Ji>?ni ^ N i n iî? n>pN .-»npi l o ' p y >3-10

.inj*

ίορη

n^iilpii .i>?an ï v *tìoì»3 . n i n oτ m n>\n » ι -

89

HALAKHAH 2

So we find that Rebbi Aqiba disagreed with the Sages and did not act upon his opinion.

As we have stated there (Mishnah Ahilot 2:6): "Spine

and skull from two dead bodies, a limb composed of limbs of two dead bodies, limbs taken from two living persons, Rebbi Aqiba declares them to be impure and the Sages declare them to be pure."127 We have stated: 128 "It happened that they brought a chest full of bones from Kefar Tabi 129 to Lod and deposited it in the open air [the courtyard] of the synagogue. Theodoros the physician entered and with him all physicians. Theodoros declared that there was no complete spine from one dead person and no complete skull from one dead person. They said: Since we have here some who declare this pure and others who declare it impure, let us vote upon it. They started with Rebbi Aqiba and he declared it to be pure. They said: Since you had declared it impure, but now you vote for it to be pure, it is pure." 127

Purity and impurity mentioned

"skull

or

spine"

is

discussed

here refer to transmission of impurity

inconclusively in Babli Nazir 52b ff.]

by a " t e n t " , s i n c e

128

automatically

Tosephta Ahilot 4:2; t h e r e t h e

everybody under the same roof with a

full name Theodoros is given to t h e

corpse becomes impure; the "pure"

chief surgeon.

bones mentioned here will still transmit

"Rebbi Y e h u d a h said: Six cases did

impurity by touch. The conditions of

Rebbi Aqiba d e c l a r e i m p u r e and he

impurity a r e spelled out in Ahilot 2:1.

changed his opinion; it happened . . .",

Flesh is causing impurity down to the

and ends: "Rebbi Simeon said: Until the

volume of an olive but b o n e s do so

t i m e of his d e a t h did R e b b i A q i b a

only if they are either the volume of a

m a i n t a i n t h a t it should be i m p u r e ;

quarter qab (about .55 liter), most of

whether he changed his opinion when

the bones composing t h e s k e l e t o n in

dying I do not know." This means that

n u m b e r or in i m p o r t a n c e , or s k u l l

according to Rebbi Yehudah, the vote

T h e T o s e p h t a starts:

and/or spine. [Whether one has to read

at Lod s h o w e d t h a t R e b b i

nVuVji n n ® as "skull and spine" or

changed his opinion but, according to

Aqiba

90

CHAPTER ONE

Rebbi Simeon, Rebbi Aqiba did not

proof here. It follows that also when

change his opinion, only he did not

the Yerushalmi quotes the Tosephta,

want openly to defy the opinion of the

sometimes the proof comes from the

majority.

omitted parts.

We assume t h a t

the

Yerushalmi here accepts the opinion of

129

Rebbi Simeon, otherwise there is no

East of Lod.

1Ρ3ΓΗ » 3 γπφ

.n>rii? h n i i y - n y N ^ y j i i ï y j>>3 "pyjpv >a->7 i r p v w in") a n ? > n > 3 p n >pn v i r i l o V O ' S P D " ^

> n v i l "ρν>?ν> '"i

l i y p w > r i ÌJQTI

V"!ìt?N V O ' P P D - ^ o n p i N o p p o n i

.-»ION γρ>ι γρ> VN]

Former Arab village Kafr Tab

.τπψ n i p - p i iri?

.n>v>iy> 'O*?© o ^ p τ η N)?n ΝΓίνρ'ηψα n i ^ ì v "Tiy -ion

^ Ν ψ NID TIN I N ^

,n>> h i d p i ,vin3 ν ο ψ - n a ^ n b i

"«ON OWN n > s p IN*) ηβ·)

yp>in

So w e find that Rebbi Simeon disagreed with the Sages and did not act upon his opinion.

As we have stated there ( M i s h n a h Seviit

9:1) "Rebbi

Simeon says: all aftergrowth is allowed except the aftergrowth of cabbage b e c a u s e n o t h i n g similar g r o w s w i l d 1 3 0 .

But the Sages say that all

aftergrowth is forbidden." Rebbi Simeon bar Yohai acted on this in a Sabbatical year. He saw a man harvesting aftergrowth. He said to him: Is that not forbidden, is that not aftergrowth? The man answered him back: Are you not the one who allows it? H e retorted: D o not m y colleagues disagree with me? He recited over him (Eccl. 10:6): "He w h o breaches a fence may be bitten by a snake", and this is what happened to that man. The Mishnah deals with produce

year but also (Lev. 32:5): "Do not

of the Seventh year offered for sale by

harvest the aftergrowth of your har-

an Am Haärez, a Jew who cannot be

vest," i. e., it is f o r b i d d e n

130

to

trusted with the careful fulfillment of

commercially exploit the produce

all his religious obligations. The Torah

growing on one's field from the seeds

says not only that it is forbidden to

of the preceding year. It is, however,

plant and sow during the Sabbatical

acceptable to collect from one's fields

91

HALAKHAH 2 Our e x a m p l e s h o w s t h a t

small amounts f o r one's daily needs

Rebbi

(and even for storage as long as wild

Simeon refrained from disagreeing in

animals can find similar food on the

practice f r o m the rest of the Sages

fields.) Rebbi Simeon is of the opinion

even in purely Rabbinical ordinances.

that a poor person may o f f e r anything

The man cursed by him probably did

for sale since he might (or probably

collect wild aftergrowth, or maybe was

did) collect them from wild growing

known to Rebbi Simeon as a landless

plants which do not f a l l under t h e

person who, therefore, collected from

prohibition.

The only exception is

growth on other people's land that was

produce which is never found growing

declared ownerless (προπ), o t h e r w i s e

wild; such vegetables are forbidden for

his opponent could not have invoked R.

commerce in the production of one's

Simeon's own ruling. [This explanation

own field. The Sages, while agreeing

follows Maimonides on the Mishnah.

that Rebbi Simeon's position is the one

Babli Pesahim 51b has a different text,

which f o l l o w s the Biblical p r e c e p t

see the discussion in Mishnah Seviït 9:1,

closely, n e v e r t h e l e s s as a R a b b i n i c

and Kilaim, Halakhah 1:9, and the notes

ordinance forbid any such buying from

to the Mishnah edition of the Institute

untrustworthy p e o p l e since it is too

for the Complete Israeli Talmud, Seviït

difficult to enforce the fine distinction

9:1.

made by Rebbi Simeon.

."P3>\y>

NDn

The

Rome

ms.

has

here

"forbidden," influenced by the Babli.]

. n > r n ? i m i y - n y ) p i a n ty >>>3 i7N>>>?i IST}

o»j?> v>i3> i>n i n n -iç>>n M i H D>OD0 η ? ?

n>N) ~ιηφη i m y ì'v· N ^ ì

«in rmyo

" U y " 0 3 Ι Ο Π Ο*!? .n>rn? 1 3 iy

.0>03Π ito

And Rabban Gamliel disagreed with the Sages and did act on his own opinion! There is a difference here since the recitiation of the Shema' is for study 131 . dawn 132 .

But then they could have read also after the start of

Some want to say that in the other cases it was possible to

uphold the words of the Sages. But here it was after midnight and they could no longer fulfill the precept of the Sages; so he told his sons to act according to his opinion133.

92

CHAPTER ONE

131

As explained at the end of

read the Shema' twice if one forgot to

Mishnah 5.

recite it in the preceding period.] The

132

question remains unanswered but this

And why did he tell them only to

read before dawn?

[Naturally, a f t e r

cannot be taken as rejection of the

dawn there already is an obligation to

explanation.

read the morning Shema'\ the question

133

seems to be whether it is preferable to

situation.

Since the Sages will agree in this

W i s » ? j i í ü o t v o>>?3n n p g i r ç r i r ç n ^

ia>a w n>ì

n ^ V » t v ι π ^ η [ o > n c ? Π ^ Ο Ν Ί ] ο>-α>κ·) ο > ι £ η η ο ρ ο

.> rove

"»η^ίπ τ ι ο ν ->ηφη - n o y

Mishnah 3: Not only that, but everywhere the Sages said "until midnight", the obligation is to the start of dawn.

The obligation of

burning fats and limbs on the altar [and eating of the Passover sacrifice] is until the start of dawn. 134 134

This entire Mishnah, and the

(Berakhot 2a, s. v.

' i s writes:

following one, are still the words of

"Concerning burning of the fats, the

Rabban Gamliel. In the Venice print

Sages did not restrici it to 'until

and the Leyden manuscript, the Pass-

midnight' at all and it is mentioned

over sacrifice is not mentioned in the

here only to emphasize that everything

Mishnah preceding the chapter but it is

that has to be done in the night is

in the Mishnah repeated b e f o r e the

kasher the entire night." Maimonides,

Halakhah. The Biblical precept is to

in his commentary on the Mishnah,

the

writes: "They said about all of these

sacrifices on the altar "the entire night

activities 'until midnight', even though

until morning" (Lev. 6:1).

there would be time until the first signs

burn the r e m a i n i n g p a r t s of

In the interpretation of the Mishnah,

of dawn, as a 'fence' that no one should

there is a fundamental disagreement

come to act under pressure and prolong

between Rashi and Maimonides. Rashi

his actions until after the start of dawn;

HALAKHAH 3

SI

that is w h a t t h e y said 'In o r d e r to

discussion in t h e M i s h n a h is a b o u t

r e m o v e p e o p l e f r o m sin.'"

Rabbinic precepts, rather than Biblical

And he

f o r m u l a t e s this in his c o d e haqorbanot

commandments.

(Maäse

only w i t h

4:2): "In o r d e r to a v o i d

This is c o m p a t i b l e

the point

of

view

It is a w e l l

of

wilful transgression, t h e Sages said to

Maimonides.

known

bring to the altar the parts that have to

principle that Maimonides follows the

be burned only until midnight."

Yerushalmi in all points in which t h e r e

Neither the Yerushalmi nor the

is no contrary opinion indicated in the

Babli discuss t h e burning of sacrifices

Babli; he will take the silence of t h e

during the night.

Babli in this matter as an endorsement

However, as Rebbi

Huna p o i n t s out in t h e

of the interpretation of the Yerushalmi.

following

p a r a g r a p h , in his opinion t h e e n t i r e

Ν3ΓΙ ytiii

.o>no?

>Njpi

t o r i N ^ JI»N

>3*) o ' n o p n£

.rö^

O'OV?

» o r i κϊη "Ì&N?!

o>noa r ö ^ y i n ?

ií>?ri i ì n

IN&Ì

I N ? -IÇNJ

.ijan

Λ ÍW>ÍI

ο>ηφ? >3-17 N j p y o

r o i n ->%-) -»ÇK .nisr) v o *\h .rii*n . O H > n n i s NQO>? n i ü n I H N n p ? n i 3 > ? i n 1 3 3 * 1 3

Halakhah 3: We have stated "the eating of the Passover sacrifice". Some people do not formulate "the eating of the Passover sacrifice". Who formulates "the eating of the Passover sacrifice"? The Sages. Who does not formulate "the eating of the Passover sacrifice"? Rebbi Eliezer. 135 What is the reason of Rebbi Eliezer? It is written here (Ex. 12:8) "in the night", and it is written there (Ex. 12:29) "in the night". Just as there it means midnight, so also here it means midnight. Rebbi Huna 1 3 6 says: "The eating of the Passover sacrifice" cannot be here even for the Sages since we have stated (Pesahim

10:9)

midnight makes one's hands impure." 135

For the Sages, the obligation of

e a t i n g t h e P a s s o v e r s a c r i f i c e s lasts

"the

Passover sacrifice after

139

d u r i n g t h e e n t i r e Seder night;

the

limitation to the first half of the night

94

CHAPTER ONE

is a Rabbinical ordinance.

According

appears most f r e q u e n t l y in the Yeru-

to Rebbi Eliezer [and R e b b i E l e a z a r

shalmi.

ben Azariah in the Babli, Berakhot

9a],

Babylonian Amora Rav Huna (kjvj) also

of

originally was called κηπ "the gracious

celebrating the Exodus a f t e r midnight.

one", but in Babylonia e v e r y η was

(Cf. the discussion in the author's The

pronounced as η

t h e r e is a B i b l i c a l p r o h i b i t i o n

Scholar's

Haggadah,

N o r t h v a l e NJ

1995, pp. 263-264.)

It is p r o b a b l e

that

the

Rebbi Huna points out that, since we a r e agreed that this Mishnah and the

Rebbi E l i e z e r ' s a r g u m e n t goes as

following

one

deal

only

with

follows: The Bible prescribes that the

Rabbinical ordinances, the mention of

Passover s a c r i f i c e should be eaten "in

the Passover s a c r i f i c e is i m p o s s i b l e

that night."

It also r e p o r t s t h a t t h e

since, by R a b b i n i c a l o r d i n a n c e , t h e

death of the Egyptian firstborn was "in

Passover s a c r i f i c e is r i l u a l l y i m p u r e

the middle of the night".

a f t e r midnight, f o r t h e s a m e r e a s o n

second

occurrence

of

Since t h e "night"

is

that v o l u n t a r y o f f e r i n g s c a n n o t b e

qualified by "middle" but the f i r s t is

eaten a f t e r midnight as e x p l a i n e d in

left indeterminate, and we subscribe to

the next Halakhah.

the opinion that, unless explicitly given

fundamental difference between the

o t h e r w i s e , w o r d s in t h e P e n t a t e u c h

Yerushalmi and t h e Babli.

have an invariable meaning, t h e first

to the Yerushalmi both in Berakhot

occurrence must also mean "midnight."

in Pesahim

T h e Sages f o l l o w R e b b i A q i b a in

mentioned in t h e Mishnah a r e Rab-

pointing out that the first Passover had

binical.

to be eaten "in a hurry", the hurry of

(Berakhot

t h e Exodus t h a t h a p p e n e d only the

only to the opinions of Rebbis Eliezer

following day.

and E l e a z a r b e n A z a r i a h t h a t

Hence, t h e notion of

H e r e is a n o t h e r

(37d), t h e

According and

prohibitions

But the Babli in b o t h cases 9a, Pesahim

120b) r e f e r s

the

"night" here is opposed to "day" and not

prohibition is Biblical.

restricted to the first half.

138

136

one given f o r s a c r i f i c e s in t h e next

This is the form in which t h e

name of t h e Galilean Amora R. Huna

T h e reason is the same as t h e

Mishnah.

9i

HALAKHAH 4

·)? O N

.-»ηψη - n n y

"Vi VjVrço?

Λ

ovî?

. r r v i y n y o Ο ^ Ν Π TIN p > n i n > >*r? j m n m o ^ p

VU?N

Mishnah 4: Ail sacrifices that can be eaten during one full day only could be eaten until the first dawn. In that case, why did the Sages say, only until midnight? In order to remove people from sin.

o>n?n n p N

rvfò

· ρ ON

.O»V>7E ' V H R t i w

,*ιηφη T i n v r ò y

π ι ο ΝΙΠ n r r ç i n * n n y

Ί Π Ν Î7DÎN N Ì D

. Τ ΐ ί ϋ η "Ti?

10ÍN

·"» "TV

O N "IDI

^ΪΠΟ

Κ φ ) .η»ηη>ρ

rmn

Halakhah 4: "All sacrifices that can be eaten during one full day only," these are the holiest of holies. 139 "In that case, why did the Sages say, etc.?" If you would say until the start of dawn, one might think that dawn did not yet start and it would turn out that he eats in sin. 140 When you say to him: "only until midnight," even if he does eat after midnight he will not incur guilt. 139

,

thb

burnt), was all burnt on the altar.

The

usual sacrifices of atonement had to be

Leyden m a n u s c r i p t and t h e p r i n t e d

eaten by male Cohanim in t h e Temple

editions have

D'Vp Ο'ΒΠρ " s i m p l e

precinct, except t h a t blood, f a t , and

Zachariah Frankel already

certain organs had to be burnt on the

' d W

This is the reading of the f r o m the Cairo Genizah.

sacrifices".

The

conjectured that the c o r r e c t r e a d i n g

altar.

must be the one b e f o r e us, as will be

"holiest of h o l i e s " and h a d to be

explained now.

consumed during the day of sacrifice

T h e r e w e r e f o u r k i n d s of animal sacrifices in the Temple.

or t h e

These sacrifices are called

following

night.

Family

Of c e r t a i n

sacrifices, doVb, "peace", or "payment",

sacrifices of atonement, only the blood

or "wholeness" sacrifices, were e a t e n

was sprinkled on the altar; the rest was

by the family of the votary (except for

burnt outside the Temple precinct. The

the blood and fat, which was burnt on

flesh of the nVis, "holocaust" (totally

the altar, and certain parts which were

96

CHAPTER ONE

to be eaten by priestly families.) These

a t e "holiest of holies"; but t h e n n o

family s a c r i f i c e s w e r e called "simple

special

sacrifices"; most of t h e m had to be

necessary.

eaten

140

during

two

intervening night.

days

and

the

T h e only "simple

determination

would

be

The determination of dawn was

possible

only

for

professional

sacrifices" to be eaten during one day

astronomers.

w e r e thanksgiving s a c r i f i c e s and t h e

would think that is was night when it

sacrifice of the Nazir at the end of his

was already dawn and then incur guilt

votary period w h e n he cut his hair.

by eating the sacrifices. In mid-month,

Hence, all "holiest of holies" sacrifices

with a large moon, the determination

are covered by our Mishnah but only a

of t h e s t a r t of d a w n is p r a c t i c a l l y

minority of "simple sacrifices".

There

impossible for a non-professional.

might be some j u s t i f i c a t i o n f o r t h e

Midnight is no better d e f i n e d than t h e

reading "simple sacrifices" r e f e r r i n g to

start of dawn but a deviation f r o m the

the obligation of laity only who never

true midnight would be harmless.

.·)!£> -iniN

pa

In many cases, p e o p l e

J i n n ^ a ν η ψ xiis

>ri»>N» .n row»

,ποηπ p n t v ( r n p w ) .ijvio>

1N5P N l i p o

.JiiVV

Tiöifc

->piN Π Ι

, Π Ί ί η α Ν - ή ρ Ν ΐ η ψ DTNS " η ρ ρ η

Mishnah 5: From when on does one read the Shema' in the morning? From when one can distinguish between dark blue 141 and white; Rebbi Eliezer says, between dark blue and the color of leeks; (he may read it) 142 until sunrise. Rebbi Yehoshua says, until three hours of the day since it is the rule of (sons of) 143 kings to rise at three hours. He who reads after that did not lose, he is like a man reading in the Torah. 141

T h e t r a n s l a t i o n of nVan is

problematic.

It is d e f i n e d in Babli

Menahot as a color obtained by dying

with the blood of some m a r i n e snail but since the snail has not been clearly identified,

the

color

cannot

be

97

HALAKHAH 5 established by experimentation.

From

the second paragraph in the Halakhah,

142

The word in parentheses is found

in the Mishnah preceding the chapter

it would seem that nVsn could also be

but is missing in the Mishnah here in

green, like color of the sea or like

the Halakhah. The word is also missing

grasses. Since both in Babli (Sota 17a,

in most manuscripts of the Babli and in

Menahot 35b, Hullin 89a, Si fri 115) and

all early authorities, f r o m

in Yerushalmi (here, Bemidbar

rabba

Gedolot to Rosh. For its meaning, I am

14) sources the final comparison is with

following here Rabbenu Saadiah Gaon

the sky, in modern Hebrew nVsn means

and Rabbenu Tam who admit ηκ iìbjV

"sky-blue" in contrast to Vina "dark blue,

VVnn, " t o

color of kohl".

benediction of the Hazan even if only

T h e old G r e e k Septuagint trans-

read

the

Halakhot

Hallel",

as

half the Hallel is recited.

lation gives υάκινθος "hyacinth, a blue

143

stone, perhaps aquamarine; also a blue

parentheses is found in the Mishnah

flower." Ashkenazic tradition has the

preceding the chapter but is missing in

color of nton as almost black since the

the Mishnah here in the Halakhah, as

s t r i p e s of our p r a y e r s h a w l s

H e r e a g a i n , the w o r d

in

that

well as in the Mishnah in the Babli.

symbolize the unavailable rrtsn stripes

The story of the discussion of David

of the tzitzit,

are traditionally dyed

with his inn Ί5Γ, fol. 2d, proves that the

black. Hence the chosen translation of

correct text does not contain the words

"dark blue".

"sons of".

1 3 3 1 7 l i O V \ ? ΓΙ&ί > ! ? i n w 03}>N-p " r ç v >ni

V 3 NJV3J1& >33 n>pv\? n ç i

.Î1

.iì? ^ » V S y ? i i m

flSïfl

ornen

. " p j m y r i p i i d o ΝΓΡΨ

Halakhah 5: So is the Mishnah: Between its 144 dark blue and its white. What is the reason of the Rabbis? (Num. 15:39) "You shall see it"145, from what is close to it. What is the reason of Rebbi Eliezer? "You shall see it", that it should be recognizable among colors 146 . 144

"It" is the η'**, the fringes of the

garment.

We shall see later that the

third section of the Shema',

dealing

with the obligation of tzitzit,

was in

Israel recited in abridged form during evening prayers.

Hence, the

tzitzit

CHAPTER ONE

28.

characterized the morning prayers.

white threads of the tzitzit.

Each tzitzit contained t h r e e strands of

146

white thread with one of

not only as a color, but as its specific

145

tëkhêlet.

I. e., the η"?3Π thread among the

That nVsn should be recognized

color.

•PJIÇ .ÌJ1ÌN Ο Γ Ρ Ν - p N ^ N I N ? 1^313 ^ Ν ΠΠΙΝ OJ?>N*i1 "PN*? ' a " ) O W } r o p W >53 ÏIQQ

,o>> n i p i i ι ι > ? τ ι η ψ . • m a n N t p > n>pvr

W

WNT ï y Λ ψ Ν

^

ü

rii^n D i ,

vpvr o^VVÌ nan"} m o w

n>rp-T

ï -1

n p v t Ntpn")

. N O ? ΠίΟ'Τ Π Ν Ί 0 3

111*3

W e h a v e stated in the n a m e of R e b b i Meïr: It d o e s n o t s a y "you shall s e e it" 147 but "you shall s e e Him". t h e obligation of tzitzit

This tells y o u that a n y o n e w h o k e e p s

is as if he w e r e admitted t o t h e p r e s e n c e o f G o d ' s

glory. This tells that tëkhelet

is similar t o the sea. But the sea is similar t o

grasses, grasses are similar t o the s k y , the s k y is similar t o t h e T h r o n e o f Glory, and t h e T h r o n e is similar to sapphire 1 4 8 , as it is written (Ez. 10:1): "I saw, and here b y the spread that w a s o n top of the C h e r u b i m like sapphire stone, t h e l o o k s of the f o r m of the Throne." 147

In Rabbinic H e b r e w , n'X'·* is

hence the suffix in "and you shall see"

clearly feminine, plural nvï'X . Rebbi

cannot refer to the tzitzit.

Meïr notes that the verb r e f e r r i n g to

148

,

The extended list is found only

n ' ' ï ï in this verse is in the masculine

here; the other sources (quoted in the

form.

discussion of nVsn) o n l y h a v e

Usually, this is taken to mean

t h a t in B i b l i c a l H e b r e w , n*s*ï is masculine (parallel to masculine η^ηρ

the

comparison of sea and sky. The Gaon of Wilna has noted that

"the preacher"); but many dictionaries

the last two items in t h e list a r e in

of B i b l i c a l

inverted order; one should read:

Hebrew

refrain

from

the

assigning a gender to the word. Rebbi

sky is similar to sapphire, s a p p h i r e is

Meïr votes for taking n'jnr as feminine;

similar to the Throne of Glory. We are interested in connecting tëkhêlet

to the

99

HALAKHAH 5 Throne of Glory, and the verse f r o m

as similar to sapphire.

Ezechiel provides the characterization

JIIBN y a - ) N I V A N O p i r n 0 7 N ΝΠ»Ψ H ? ÌJIÌN O J V N - p O N P I N O N N N Í7>nT3 O N V P î î ?

rip

,n>> o > ? n t ò n>> a i - t p ΛΓΙΝΊ

. O N N N I N"jrp -IÇN N I P N a*i !?>n ù > N y a O N )

.n>> o > ? n 1 9 5 p i r n

RP> T7>W7 Ν1ΠΠ? > V 1 ΊΊ>ΝΨ1 ! ? R M VP*Î? 13N P

distant f r o m a n o t h e r m a n and r e c o g n i z e him."

N^N

ammotlA9

O t h e r s say: "'You shall s e e it', that a m a n s h o u l d be f o u r

R a v H i s d a 1 5 0 says: ( t h e

practice f o l l o w s ) 1 5 1 the s t a t e m e n t of O t h e r s " . about?

.i-paoi

W h a t are w e t a l k i n g

If h e k n o w s the other person, e v e n at a great distance he will

r e c o g n i z e him.

If he d o e s not k n o w h i m , e v e n c l o s e b y h e w i l l n o t

r e c o g n i z e him.

W e m u s t talk a b o u t an o c c a s i o n a l a c q u a i n t a n c e , like a

man w h o visits a hostelry at intervals. 149

The size of the Talmudic ammah

(cubit)

has

not

been

generation of Amorai'm in Babylonia.

definitely

151 TOH in the Yerushalmi often can

established; it is b e t w e e n 18 and 24

mean " e s t a b l i s h e s p r a c t i c e to be

inches.

It is uncertain w h e t h e r the

followed", parallel to the statement of

Galilean and Babylonian ammot were

Rav Huna, contemporary of Rav Hisda,

the same measurements.

in the Babli:

150

Others'".

One of the g r e a t e s t of the

"The p r a c t i c e follows

students of Rab, a leader of the second Ό Ί Η ΝΓΙ»Ψ H D >3ΓΙ >>3J|) JVNL ."TÌ*H£ ">ÌON V ? pa

aN^ p a w

in

N v y ^ >a-> "don

T1>N

>ya ΝΙΓ) . i - p a o i JIÌON ya->N i v a n p

P I N · ) O "TN ΝΗ»Ψ H ? "I&T 1»Ì >ρπ o y n n i i ^ n n r ? N ì n N

V3

">07 1 » ? n>oj} V 3

pirn ">Ί»0

.Vvaoi Jii»N v a n N i - v a q »

, o i » a ^ a j p p Ν ^ ρ η n>>3jp> n ^ i N ?

H?

nonn

D>»>?WQ Τ Η V P J i ì n N a p ì y - i n -ION .viçyj o y RJWV N j a y o NN>pN NSNÌ >

, η η η π >pri o y

tù Ό ρ ρ » ψ h d r m i N v~»ipì

100

CHAPTER ONE

S o m e Tannaïm f o r m u l a t e : " B e t w e e n w o l f and d o g , domesticated and wild donkey."

152

between

But some Tannaïm formulate: "That a

man should be four ammot distant from another man and recognize him". That is what we have 1 5 3 to say that he who says between wolf and dog, between domesticated and wild donkey is parallel to him w h o says between dark blue and the color of leeks; he who says that a man should be four ammot distant from another man and recognize him is parallel to him who says between dark blue and white.

But they said that its

preferred obligation is at sunrise so that one may join the mention of redemption to prayer and pray at daytime 1 5 4 . Rebbi Zeïra said: I found the reason (Ps. 72:5): "They will fear You with the sun." 155 Mar Uqba 1 5 6 said: The very religious were getting up early and reading the Shema' so that they could follow it directly at sunrise with the Amidah prayer. 152

Meaning the earliest time f o r

reading the Shema'.

In the Babli (9b),

Eliezer's criterion in the Mishnah, and "to r e c o g n i z e at 4 ammot"

the same

the first criterion is given by Rebbi

authority's restatement of t h e criterion

Meïr, the second one by Rebbi Aqiba,

of the First Tanna in the Mishnah.

and both a r e given i n d e p e n d e n t l y of

153

the Mishnah.

In the Y e r u s h a l m i , no

r e a d s i ö ' B '»3 »«>» "he ( R a v H i s d a ,

names are attached since both opinions

mentioned earlier) wants to say." Then

are identified as alternatives "between

the entire statement is tentative, and 31

dark blue and leek colored", which is

TOH «ion will simply mean "Rav Hisda

not the practice anyway.

said", not as an authoritative statement.

"Others" ( ο ' ΐ π κ ) u s u a l l y

denotes

Pne Mosheh (R. Moshe Margalit)

However, the commentary Pne

Moshe

Rebbi Meïr. In the Babli, the problem

(R. Moshe ben H a b i b ) r e a d s ' v s i n n

remains that the statement attributed to

iö'ö "they (or we) want to say."

"Others" cannot belong to Rebbi Meïr.

154

This is f r o m the Tosephta (1:2)

H o w e v e r , in t h e Y e r u s h a l m i it may

and is the end of the statement that in

well be that "between wolf and dog" is

the morning one may say the Shema' as

R e b b i Me'ir's r e s t a t e m e n t of

soon as one recognizes a person at a

Rebbi

HALAKHAH 5

101

distance of 4 ammot. Hence, "they said"

generation of Amoraïm.

refers to those who adopt the criterion

esting to note that this statement of the

mentioned last.

If one recites the

Babylonian Mar Uqba is reported in

Shema' slowly at sunrise and then says

the Babli (9b) in the name of the later

the benediction of Emet weyaziv,

he

Rebbi Yohanan. Maybe each Talmud

will just say the Amidah prayer when

wanted to ascribe the deeds of I'p'ni to

the sun is clearly above the horizon

an external source, not to be held to

and it is visibly day.

their standards, as explained in the

155

next section.

The same explanation is given in

It is inter-

his name in the Babli, hence he is

The explanation of |?*m has been

really the author and not only the

given by A. Kohut in his nVwn ηπ»,

tradent.

Since the first section of

from the Arabic ρήι "to have con-

Shema' is "acceptance of the yoke of

fidence, faith". As explained by the

the kingdom of Heaven", this is in

Babylonian Talmud, they had faith in

essence fear of God, and, hence, the

God that all the time spent in His

verse refers to the reading of Shema'

service would not detract from their

and not the prayer. It is clear that the

ability to earn a livelihood, and so they

prayer to be performed preferably at

were rewarded with earning enough

sunrise is the recitation of Shema'.

money for their needs in the time left

156

over after religious services and deeds.

Resh Galuta, the Davidic ruler of

the Jews in Babylonia, in the first

N Q N Ì NNTÌI Ί3

H Q * 1>Ό>? >Τΐ"ΠΨ ΗΨ^Β ΓΦ> R N I O N

Ν)3\ί> - ì l i o ' W i n y&W η η ρ r o i y

n i s n ? V p i o y v n ) r a > p y >?->

n n n n rm>n n a s i . o n ι ϊ » η η η - ρ *in>o >JI>?vì ^ " ì R ì ν η ψ n n ¡ ? o

W e have stated 1 5 7 : Rebbi Yehudah said: It h a p p e n e d that o n c e I w a s walking behind Rebbi Eleazar ben Azariah and Rebbi A q i b a w h e n t h e y were occupied with duties and t i m e c a m e to recite the Shema'

and I got

the opinion that m a y b e they had given up on reciting the Shema',

so I

recited it and went over my studies 1 5 8 ; but a f t e r that t h e y s t a r t e d and the sun was already over the mountain tops.

102 157

CHAPTER ONE Tosephta Berakhot

1:3; there R.

recitation in full force until the end of

Aqiba (who was the greater scholar) is

the third hour and that, therefore, their

mentioned before R. Eleazar ben

prior occupation did not reduce the

Azariah (the vice president of the

later obligation.

Synhedrion), and it is spelled out that

more thoroughly in the next section.

This is explained

they were occupied to attend to some

It seems that the text of the Yeru-

public needs. We have a principle that

shalmi is superior to the Tosephta since

he who is fulfilling a religious duty is

the vice president has precedence over

free from engaging in any conflicting

a simple member and the mention of

religious duty. The two sages therefore

their being engaged in

would have had the possibility of not

obligations is more to the point.

reciting Shema' at all. The fact that

158

they recited the Shema' shows that they

material he had learned earlier from

considered the obligation of this

his teachers.

H ? r o v >31

na αρνί

ΐ ) ί n o í N ywirp >an

Reciting from memory the

nna n m ï

.οηηη

>31

. π ο η η >pn

ï y n a o p ç j p (foi. 3b) n » n n Νητιψ

vvnn> > a * p n o ^ r j a i . o y ó ν ι π ν i ? n w a n i ί ο υ ρ η a n i >?Ì π η . 3 η

ιηη

.npiwa

*τπ V Í O Í O N Ή Α

n ··t τn: o * Tt Tn Nn»w n . s. . . r. .o. i w a. ì i o. n n oτ iτn: ·· : r ir

religious

>a*i . η ί ν ψ

n a i n >a-i

. r oτ iτj n· : N»n· ιra . -r ··o w a r oτ ^τ n· : w> . n r a i v a njjV»]?!? ί ο ^ ν

"Until sunrise." Rebbi Zabida the son of Rebbi J a c o b bar Zabdi in the name of Rebbi Jonah 1 5 9 : until the sun starts to appear 1 6 0 at the mountain tops.

"Rebbi Joshua says, until three hours of the day."

Rebbi Idi, Rav

Hamnuna, and Rav Ada bar A h a v a 1 6 1 in the name of Rav: follows Rebbi Joshua for one who forgets.

Rebbi Huna told of t w o

A m o r a i m o f w h o m one said 'for one who f o r g o t . '

His c o l l e a g u e

responded: Do you ever fix practice for one who f o r g e t s 1 6 2 ? the practice.

The practice

W h y did they say, for one who forgot?

should make an effort and read it at its best time.

In fact, it is

That everybody

103

HALAKHAH 5 159

A h a v a h in t h e B a b l i ; a l l

Of the l e a d e r s of t h e f o u r t h

teachers

generation of Amorai'm in Galilee. The

quoted here are students of Rav. In the

first tradent was his student.

Babli (10b), Rav Yehudah says in the

160

Literally: "drips", meaning that

name of Samuel: the p r a c t i c e follows

the first rays of the sun start to appear

Rebbi Joshua, without qualifications. It

at t h e l o w e r p a r t s of t h e mountain

seems that in Israel one was reluctant

silhouette.

to give up the recitation of the Shema'

161

at sunrise but in Babylonia the practice

Seridé

T h e last n a m e is c o r r e c t in Yerushalmi.

of v e r y e a r l y p r a y e r s w a s

T h e n a m e men-

never

established.

tioned in the printed editions, 13 m x κπκ , is not m e n t i o n e d again in any

162

Talmudic source. Rav Ada bar Ahawa

followed, not to be forgotten.

Since rules a r e m a d e to be

(Yerushalmi) is c a l l e d Rav Ada bar

νπν

V î ? > p ? ç VjSl

Π Η ϊ Φ V P ' P S S ΊΓΜ3 Ί 9 Ε

yçvp η > η ρ n 3 > 3 - 1 - i ç n

. r n i n -»37 γ ο > ν n ^ a n

r o n ? n3>N

n n p >t»i> > 3 1 i o n

ικργι

r n > n i p r u v w p ^ n >3-1 - i m

to'aNi lì i o

.njì?

. n n i n - Ì 3 7 yoy> η>-»ρ

. y n p nan* VN n ^ a j p

v3iv)N-in v p w ?

.inip

.nap r o n ^ n^ajp

.rm?

n a i D r o n ? DÌ>N ν η ψ n ? " i p -in?*

There ( S a b b a t 1:2) w e h a v e stated: "One interrupts f o r the recitation of Shema'

but o n e d o e s n o t interrupt f o r prayer." 1 6 3

r e c i t a t i o n of Shema' obligation164.

is a B i b l i c a l o b l i g a t i o n ; p r a y e r is n o t a B i b l i c a l

Rebbi A b b a said: T h e t i m e f o r the recitation of t h e

is f i x e d , t h e t i m e f o r p r a y e r is n o t f i x e d . 1 6 5 recitation of

Rebbi A h a said: T h e

Shema'

concentration.165

does

not

need

R e b b i Y o s e said:

concentration,

prayer

Shema' The needs

Rebbi Mana said: I objected b e f o r e Rebbi Y o s e : E v e n if

y o u say that the recitation of the Shema'

d o e s not need c o n c e n t r a t i o n , t h e

first t h r e e v e r s e s n e e d c o n c e n t r a t i o n .

S i n c e t h e y are s o f e w , o n e w i l l

c o n c e n t r a t e upon their meaning.

104 163

CHAPTER ONE It is implied by the following

The clearest statement of that position

discussion that one talks about groups

is given by Maimonides

of people engaged in the study of

Tefillah

Torah. This situation is made explicit

positive commandment that one should

in Babli Sabbat 9b. Of those who give

pray every day as it is said: 'you shall

the reasons for the difference in the

serve the Eternal, your God.' Tradition

t r e a t m e n t of Shema'

Amidah,

teaches us that this service is prayer, as

Rebbis Aha and Yose belong to the

it is said: 'to serve Him with all your

and

1:1) who wriies:

(Hilkhot "It is a

fourth generation of Amoraïm in Israel,

heart'; the sages explain that the

hence Rebbi Abba will also belong to

service of the heart is prayer. But the

that group.

[There were too many

number of prayers is not f r o m the

Amoraïm by the name of Rebbi Abba

Torah, neither is the formulation of the

to clearly distinguish between them.]

prayer from the Torah. Prayer has no

The entire section here and the

fixed time from the Torah." [Everybody

following one also appear in Yeru-

agrees that the obligation of offering

shalmi Sabbat 1:2.

prayer three times a day is historical

164

Everybody in this discussion

(Daniel 6:11) and the form of prayer is

seems to agree that the basis of the

an institution of the Men of the Great

recitation of Shema' is Biblical, at least

Assembly.] This interpretation of the

for the first verse [following the Babli

disagreement between Rebbis Aha and

(Teshuvot ha Rashba, #320)] or the first

Abba is given by the great Sephardic

three verses [following the Yerushalmi,

commentators, Rabbis Eleazar Azkari

as seen here]. There is disagreement

and Moshe ben Habib.

on t h e s t a t u s

of

prayer.

The

There is a different interpretation

Yerushalmi at the beginning of Chapter

possible, namely that Rebbi A b b a

4 follows the Sifri in the interpretation

wants to state that the time of Shema' is

of the "service of the heart" mentioned

narrowly fixed, as we have seen, and

in Deul. 10:12, 11:13 as prayer, which,

once that time is passed, the omission

therefore, is Biblical.

cannot be r e p a i r e d .

Rebbi Aha does

For

prayer,

not accept this derivation; similarly, the

however, the rules arc much more

Babli (Berakhot 21a) declares prayer to

elastic. First, there is much more time

be a Rabbinical obligation.

given for the recitation; then it is

165

Rebbi Abba is among those who

possible to pray in advance of the time

accept prayer as a Biblical obligation.

(as in the evening prayers held before

HALAKHAH 5

IM

sundown), and a missed prayer can be

(or verses), containing the "acceptance

compensated for by praying the next

of t h e y o k e of

time twice.

Heaven", should be well understood

Hence, in a real sense,

the

Kingdom

of

even prayer in the Rabbinical sense has

d u r i n g t h e r e c i t a t i o n , t h e rest of

no fixed time compared to Shema'.

Shema', which also counts f o r Torah

166

greatest

study, is acceptable even if it is recited

authority among the participants in this

in mechanical r e p e t i t i o n since this

discussion, notes that one may make a

helps in memorizing the Torah text, an

distinction between Shema' and prayer

essential part of study. On the other

that does not depend on whether the

h a n d , m e c h a n i c a l and

obligations are Biblical or Rabbinical.

prayer is a contradiction in terms and

While it is essential that the first verse

intrinsically invalid.

R e b b i Yose, t h e

ι!?>£>ΝΙ τη,ίτι t i ö ! ? r i 3 v p p i y y U N iín

un

Ή !

«Trivi? V I

.ovrrb? 07N

>ni> 15 l i y p y >37 0 ^ 3 ΐ ^ η ν >31

r n j p N i j n v >37 - i > p > p ? ç υ κ I>N v o y VP'P?» «Ν

tjhpmv > n i > i

π ι τ ί η ·ΤΙ»>ΓΙ3 V P p i V

~>ow i j n i > >377 n>riV73 l}ni> >37

>ni> i ? l i y p v > 3 1 7 n>rii>7? >ni> 13 liypvy >37

î i i ï H i n v p i a V">.í> N y j

ο > κ ρ N3>I.D

DON

>7.?n>7 N i n n i > i o i p >y3JV? N V l ï !

1

HRP ?)) N>> NIN i n Γ>Ν NÇI -»»DÌ don

.η>ΐ)ίΠ3

n i o s n n £ > o n i > n v no!?

!?ϊον>?> m T 1 n ra>n>J?>N7 NB>rç>3 > ^ 0 7 Ν Ί Ι Ο ^

unthinking

.N'DNI^-^D N>>

.nn?·) n n ? τ ι π ν !?y ν ι ^ u n

"ΤΗΙ Ν Π Η Ί Ν Η

,η>>>7 n n i \ ^ 7 Ρ

>3117 π > 3 ρ ν ι ? Ν3>?η > 3 7 ? Ι3ηί> > 3 7 7 W ? *

n > a o > n ¡ ? t»?> ^ » Ψ >PV ' 3 7

i > p > p ? e i>N"¡ y n y i n > 7 p > y p > p ? o m n t p i !>>>ari D n a p > η η ί 3 i>p>p3ç 73 v m

i > p > p ? n y o w p ->ÇÎN n > 3 p y 13 N3>în >37

l>p>o?>3\5> >ni> 13 l i y p y j >3"! n i » N ^ i . π ί ί β ï y n > n i i ? n ΐ Ν ψ > · ι i>>>?^>i ni»?

τ ρ ^ η >ni> 13 l i y p w

. N 7 3 3 N>V> i>ia

nú

n>> n>>i

Ν>ψ τ ρ > η ψ I^N

,ι^-ù n w v ^ l

.Jii'wjfc

in^n

naio riivyy^

n ú r r i w y ^ Νί?ψ T p V n i>ni> >37 λ © Ν Ι

t > 0 3 P i > n i ii3>w n n ii3>w i n * >ni> 13 l i y p w > 3 7 7 n>)pi|\?

.còiy^ ns>

106

CHAPTER ONE

Ν ΐ η ψ ο "τ i o T>p$n H^ r j b w ì ? p N")ipn ΐ ί ' ΐ π n h ì yn> >31 -inN ,ν'γι N>n .rniJi -iriv n i n n ny>N

rnin

ì«^

n i n n n n a i v ? νγι . r n i r n Nnip ι π π τνπψ n > ^

.m Y irn ν - l i p Νΐηψ c n i o Η^Η i j ^ r i >nv i ?

.·ρ3>\!>

>ni> i ? "ρνιρνμ »an

nip Nay

.m T in n i i n

>a-n n>rivi? ^nv 13 yiypW >3-) ,N>n n w i p ? n n j i v ? κ η .ηίψηρ N n p o m y } ά ύ \ .717»

m » Ν Ί ρ η ? p p i y n ->»ν

Rebbi Yohanan in the name of Rebbi Simeon ben Yohai: "For example we, who are engaged in the study of Torah, we do not interrupt even for the recitation of Shema'." Rebbi Yohanan used to say about himself: "For example we, who are not engaged in the study of Torah 1 6 7 , we do interrupt even for prayer." This one follows his own opinion and that one follows his own opinion. Rebbi Yohanan follows his own opinion since Rebbi Yohanan says: "if only a man would pray the entire day. Why? Because prayer is never in vain!"168 Rebbi Simeon ben Yohai follows his own opinion since Rebbi Simeon ben Yohai said: "If I had stood at Mount Sinai at the moment that the Torah was given to Israel, I would have implored the All-Merciful that he should create two mouths for man; one for him to exert himself in Torah and the other one for his other needs." But he changed his mind and said: "With one mouth already the world almost cannot exist because of its denunciations 169 ; if there were two how much more would there be? Rebbi Yose said b e f o r e Rebbi Jeremiah:

The position of Rebbi

Yohanan is identical with that of Rebbi Hanina ben Aqabiah, as we have stated: "The scribes of Torah scrolls, Tefillin, for the recitation of Shema'

and Mezuzot,

do interrupt

but do not interrupt for prayer.

Hanina ben Aqabiah said: just as they interrupt for Shema',

Rebbi so they

107

HALAKHAH 5

interrupt f o r prayer, tefillin,

and all other c o m m a n d m e n t s of the

Torah". 170 Would not Rebbi Simeon ben Yohai agree that one interrupts to make a sukkah

or a lulavl

Does not Rebbi Simeon ben Yohai m a k e the

distinction between one who studies in order to do 171 and one who studies in order not to do? Because he who studies in order not to do would have been better off had he not been born. And did not Rebbi Yohanan say, he who studies in order not to do would have been better off if the afterbirth he was in was twisted around and he never would have entered the world? The reason of Rebbi Simeon ben Yohai is that this one is repeated study and that one is repeated study and he does not push aside one study for the other study. 172 But did we not formulate: 173 "He is like a man reading in the Torah." Hence, at the right time it is preferred to Torah. One is like the other. 174 Rebbi Yudan said that Rebbi Simeon ben Yohai, since he was permanently studying Torah, did not prefer Shema' to the study of Torah. Rebbi Abba Mari said, did we not formulate: "He who reads (Shema') after that did not lose, he is only like a man reading in the Torah"? Hence, at the right time it is like Mishnah. Rebbi Simeon ben Yohai follows his own opinion since Rebbi Simeon ben Yohai said: He who studies the written Torah does himself good that is not so good. But the rabbis equate the study of the Bible with that of the oral law. 175 167

Since w e spend some time e v e r y

day not studying. 168 169 delatio,

See Note

17

informer."

B e c a u s e of an i n f o r m e r

about his anti-Roman f e e l i n g s , Rebbi .

Latin delatorius,

Simeon ben Yohai and Iiis son had to a, um, adj. to

in l a t e Latin delatura

"ac-

spend 12 years hidden in a c a v e (Babli Sabbat

33b, Yerushalmi Seviït

9:1, fol.

cusation, i n f o r m a t i o n , denunciation,"

38d). When he left the cave, he was so

t h e a c t of

upset that p e o p l e w o u l d e n g a g e in

a delator,"government

108

CHAPTER ONE

f a r m i n g and commerce and not study

question here is, how can Rebbi Simeon

Torah all d a y long t h a t a h e a v e n l y

ben Yohai t a k e a position that f o r all

voice ordered him back to his cave for

practical purposes identifies the actions

another 12 months in order to get used

of the most holy man with that of the

to the world again.

deliberate sinner?

Both T a l m u d i m

consider his position a p p r o p r i a t e only

172

for exceedingly holy people.

for all other obligations.

170

While we have the principle that

story of his stay in the cave notes that

"he who is engaged in the f u l f i l l m e n t

he and his son took off their clothes

of a commandment does not h a v e to

and sat covered with sand up to their

But he certainly will interrupt In fact, the

worry about other commandments," this

necks in o r d e r not to w e a r out t h e

does not apply to people whose entire

clothes, and used them only f o r t h e

o c c u p a t i o n is t h e f u l f i l l m e n t of a

times of prayer. This means that Rebbi

commandment.

Simeon did not recite Shema' since its

The source is Tosephta Berakhot 2:6, c f . a l s o B a b l i Sukkah

26a.

The

recitation was replaced by his studies, but he did

pray, even though

the

Tosephta also b r i n g s t h e o p i n i o n of

Mishnah seems to i n d i c a t e t h a t one

Rebbi, that they do not i n t e r r u p t f o r

omits prayer more easily than Shema'.

Shema', and a testimony that R a b b a n

173

Gamliel and the Synhedrion at Yavneh

174

did not interrupt sessions dealing with

Rebbi Yudan (Amora, colleague of R.

communal matters.

Yose) tries to relativize the answer that

171

it applies only to someone like Rebbi

He who does is one who f u l f i l l s

the commandments of the Torah.

In our Mishnah here in

Berakhot.

This is a preliminary a n s w e r .

He

Simeon ben Y o h a i w h o s p e n d s his

w h o does not is one w h o d o e s not

entire life studying and m e m o r i z i n g

fulfill the commandments of the Torah.

Torah.

Someone who studies Torah with t h e

a f t e r R. Yudan, points out t h a t this

i n t e n t of

interpretation

not f u l f i l l i n g i t s

com-

R. Abba Mari, one generation

of

the Mishnah

is

mandments certainly has no part in the

impossible but that one must t a k e the

future world since he does not have the

statement of R. Simeon as an indication

excuse of e v e r y b o d y else that he did

of his attitude in general.

not

175

know

enough

to

fulfill

all

Studying Scripture is e q u a l to

commandments. This is clearly spelled

studying the Oral Law in merit. Hence,

o u t in t h e f o l l o w i n g l i n e s .

reciting the Shema' in its proper time

The

109

HALAKHAH 6 transcends

both

for

was called Mishnah in the time of

everybody

including scholars of the rank of Rebbi

Rebbi Simeon bar Yohai.

Simeon ben Yohai.

parallel in Babli Baba mezia' 33a.)

Mishnah here

(See the

stands for the entire Oral Law, which

n

nini»?

i??ì

o n p w !?>n η>αι

t3!*'^? aiV? oHPiN

n>3

Λ mv»

.q^ipii ^iij^rn

- l O í f j no!? i ? ON

.^13 q ^ a i

•IHípiV 0 7 N

"VJNíy

írpw

Τ?"!"!? ÏÏP1P?1

n^v?

Mishnah 6: The school of Shammai say: In the evening, everyone must bend down 1 7 6 and recite and in the morning they should stand up since it is said (Deut. 6:7): "when you sit in your house or go on the road, when you are lying down and when you are getting up." But the school of Hillel say: everyone should recite in the position he is in, since it says "or go on the road." In that case, why does it say: "when you are lying down and when you are getting up;" this means the time when people go to sleep and the time when they are getting up. 176

Means to lie down on a couch, or

as on a couch. "Reciting" always refers

it is used only for formal recitation of Biblical texts.

to the Shema' since, as a technical term,

Π^ηψ? :Π13 q j p ^ t

n > 5 7 VP?*!?»? π ® Η·ηρ τ

"PO'PP

Jiiiîin? cp¡?piy> v n ? q j v i a

n n i κπ

.1 n a S n

qj^toi

D e• l •i r« s ò- o->a τ : Halakhah 6: They of the school of Hillel are able to explain both parts of the verse. How do those of the school of Shammai explain "when you sit in your house or go on the road"?

"When you sit in your house", to

110

CHAPTER ONE

exclude those who are occupied with other religious commandments, "or go on the road" to exlude bridegrooms. 177 177

An almost exact parallel is found

in the Babli, Berakhot

that fulfillment is really restricted to

11a. The bride

is exempt from reciting the s i n c e w o m e n are f r e e d

the short act of actual marriage and

Shema'

from

then to the first married intercourse;

all

the exemption of the bridegroom from

positive commandments which have to

saying Shema'

be p e r f o r m e d at set times.

wedding feast when he is unable to

The

bridegroom himself f u l f i l l s a divine

refers to the e n t i r e

concentrate even on the first verses.

commandment by getting married, but

•τηκ o i p j p a ν η ψ n n p naiv

vny b

N

ϊ η ^ Ψ

n o í N NÌTT) i n « » ? .jv\?n 1î?p

ί Ο ψ - » π ν -ιΐ"τ

- n i n n t i » •)?

,ηιρ* i w y n v ç p

>3-ι!ρ "HVÎw

to -ȂN

>

'3Ί3

n o w nnti» i s

.mm

va-ι η>ττ)

>3"! r i o n i n n ì V 13 pwa

'3")

*rnis> ">>pw

π ? ? * ! ^ s j ? ^ π υ ι ο 'JV?·™ η>α

ηψνρ

.ο>τρηψ0θ

λ ν ώ ψ n>? n . 1 7 ? n>3

y i p robr?

ηt\h

o>*no>r»n >?IN-|?

We have stated 178 : It happened that Rebbi Eleazar ben Azariah and Rebbi Ismael stayed at the same place and Rebbi Eleazar ben Azariah was reclining while Rebbi Ismael was standing. When the time for the recital of the Shema' arrived did Rebbi Eleazar ben Azariah stand and Rebbi Ismael reclined. Rebbi Eleazar said to Rebbi Ismael, this is as when one says to someone in the market place, your beard is overgrown, and he says, that is against those who shave 1 7 9 . I, who was reclining, stood up and you, who were standing, went on to recline. He answered him: You stood up following the school of Shammai, I reclined following the school of Hillel. Another explanation: That the students should not see me and make it the permanent practice to follow the school of Shammai. 180

111

HALAKHAH 7 178

In t h e B a b y l o n i a n

(Berakhot

11a, Tosephta

parallels

Berakhot

1:4,

dawn, when it still was possible to eat before praying.

It is impossible to

Sifri Deut. 34), R. Elea zar ben Azariah

decide which of the two versions is the

at first is sitting up and R. Ismael is

original.

reclining.

179

T h i s m e a n s t h a t in t h e

I do it deliberately.

Why did

Babylonian version, the discussion was

you d o t h e o p p o s i t e of w h a t I am

in the evening (also i n d i c a t e d in t h e

doing?

Babylonian T a l m u d by a c h a n g e in

180

language, not "that they stayed at the

R. Ismael did recline, not b e c a u s e it

same place" but that "they had dinner

was required by the school of Hillel,

together.")

In o u r

version,

the

discussion takes place in the morning.

Both explanations are necessary.

but to spite the followers of the school of Shammai.

He had to do this, even

While R. Ismael, a f t e r R. Aqiba the

though the school of Hillel would have

greatest scholar of his generation, did

allowed him to continue standing, to

certainly exceed R. Eleazar ben Aza-

give an example to the students.

riah in scholarship, the latter was the

shows that in all cases where t h e r e is a

vice president of the Synhedrion; it is

disagreement over practice, the actions

more likely that R. Ismael was sitting

of the leading T o r a h s c h o l a r s count

upright at the start. They might have

more than all theoretical arguments.

This

got up very early, b e f o r e the start of

JI>3

J i v i ( ? > >η>οη·) τ ρ ι ? i o > j i » n >JN p i n o l i n } π » η » i ? it? η ρ κ

vv>i?>>n >5$n

">οκ

»η??»©·!

. ^ n J i n >157

Mishnah 7: Rebbi Tarphon

181

:» m w e

Γηΐ)Μ

said: I was on the road and reclined to

recite the Shema' following the school of Shammai. There I put myself in danger because of the robbers. They told him: It would have served you right to be in mortal danger since you transgressed the words of the school of Hillel.

112 181

CHAPTER ONE The oldest of the Tannaim of the

practices he had learned as a child to

second generation, who started his

those of the school of R. Yohanan ben

studies still before the destruction of

Zakkai of the school of Hillel which

the T e m p l e ,

was the only one to survive the war

at t h e t i m e of

the

ascendency of the school of Shammai.

against the Romans.

It seems that he was slow to adapt the

p n n n i r n i n n n i ! p ο η ? ί υ > - m o n v r p n v >1*1 ο ν ή onaio niT o n n

i i n v >a-> o w ? n v i -13 py>?\y

l i p 1 3 N } >3"! .l?»n

ïï'l^

d^ìvj o

.rniri η : π » p a n n i

>-ι.Γ)ψ r n i n n : n n a n s i o η ι τ ρ η η η ψ ΓΡΙ » i l i

-α^ψ n>

.aion 1»? : p n

.mrin

rniJi

v i r i n s l i η τ ρ >31 ο ψ ι

. n w v n N ^ N - u i y n>n .«/ni

rein

HÎ

I̻N

- m · χ ΐ ί 3 ΐ ο ψ ï y nn>>?

Halakhah 7: In the name of Rebbi Yohanan 1 8 2 : The words of the scribes are related to the words of Scripture and are pleasant like the words of Scripture. (Song of Songs 7:10) "Your throat is like the good wine"; Simeon ben Abba in the name of R. Yohanan 183 :

The words of the

scribes are related to the words of Scripture and are more pleasant than the words of Scripture. (Song of Songs 1:2) "Since your f riendship is better than wine"; Rebbi Abba bar Cohen in the name of Rebbi Judah ben Pazi: You can know that the words of the scribes are more pleasant than those of Scripture because if Rebbi Tarphon did not recite at all he would have transgressed only a positive commandment.

But because he

transgressed the words of the school of Hillel he should have suffered death since it says: (Proverbs 10:8) "He who breaches a fence will be bitten by a snake." 182

This entire Halakhah, until the

Songs

1:2, "May he kiss me with the

next Mishnah, really belongs to Avodah

kisses of his mouth since your friend-

zarah

ship is better than wine", is discussed.

2:5 (fol. 41c) where Song

of

113

HALAKHAH 7 In the transcription here, the first word

are of the second (colleagues of R.

fell out. It should read: The fellows

Yohanan) or the third (his students)

(of the Yeshivah) in the name of R.

generations of Amoraïm.

Yohanan.

bar Abba is one of the outstanding

R. Simeon

students of R. Y o h a n a n .

In t r a d i t i o n a l i n t e r p r e t a t i o n , t h e

The two

Song of Songs is a dialogue between

Amoraïm who e x p l a i n t h e l e t t e r ' s

God

words a r e of the f o u r t h a n d f i f t h

and

the

people

of

Israel

generations, respectively.

(represented by the girl); the question of the Mishnah was whether one reads

The "throat" of the Jewish people

η η π (feminine) or q ' l i i (masculine) for

are the sayings of its sages; wine in

"your friendship, your relations."

both verses are the words of the Torah.

183

The members of the Yeshivah

v>ip ina IJ'JJH

ρ

.-m>n i r a

N i n y if? v i r i

1>pin> n i f l o i u w o n >a-pa οιπ3Γΐ

n t w

rooio

rnin n ; n

.10 i n i n n i ^ i a i n p i o v m

n o s mTin n a ? ^

twyι?φ inN

.inpin ina

v>>33? v n ι η ί κ η l i a n

D w a n i n >a"H n n . a n>?3n >an

t O iia>v>? n a p r i VpVr m

ira

,a»n o n p i o n a n

o>N>a? n a i n

onion

ty

N»n

i i ? n N > a i i ."DV^l Vï? ïï> 1V>N a>3iDi .Jiio>>3 >0? Hi ij>N o n a r o i n n τ η κ ï y

>3 ï y «in a n a i n n - τ η κ

ï?

.npip> iby in\?o>a à η^ψψ ϊη

i r m a > r p N > : m 1 ? . ι η \ ? ? ο ρ ι ο π ί η Nì?a i n w > o # n .qnv

in\??çtn

οπίη

o n i n ap1? ni^-in

n n i n n >3 ï y i o n o í a

.ηξήηι jiìn

Rebbi Ismael did formulate: In the Torah there are f o r b i d d e n m a t t e r s and permitted matters. There are easy parts and s e v e r e parts. But in the words of the Sages all are s e v e r e 1 8 4 .

You can realize that this is s o since

w e h a v e stated (Mishnah Sanhédrin

11:5): "If h e 1 8 5 s a y s t h e r e is n o

obligation of Tefillin

against the words of the Torah he is not criminally

liable. If he says that Tefillin

h a v e f i v e sections, to add t o the w o r d s of

the Sages, he is guilty." Rebbi Hananiah, the s o n of Rebbi A d a 1 8 6 , in the

114

CHAPTER ONE

name of Rebbi Tanhum the son of Rebbi Hiyya: The words of the Sages carry more weight than those of the prophets, since it is written (Micah 2:6): "Do not preach, they preach; Do not preach to those, that shame does not reach you. 187 " And it is written (Micah 2:11) "I shall preach to you for wine and liquor."188

The relation of prophet and scholar can be

compared to the case of a king who sent two of his palmatars189

to a

province. About one of them he wrote, if he does not show you my seal and σημαντήριον 1 9 0 , do not believe him. About the other one he wrote, even if he does not show you my seal, believe him without seal and σημαντήριον. So about a prophet is written (Deut. 13:2) "He gives you a sign or miracle." But here it is written (Deut. 17:11): "According to the teachings that they will teach you"191. 184

Since their essential duty is to

build "a fence around the Law", it is in the n a t u r e of t h e i n s t i t u t i o n s of t h e Sopherim,

t h e m e n of

the

Great

asserted by the Synhedrion, then he has committed a capital crime. In t h e Babli, t h e r e f e r e n c e is to Mishnah Sanhédrin

10:5.

T h e inter-

Assembly h e a d e d by Ezra and t h e i r

p r e t a t i o n of t h e law is much m o r e

successors b e f o r e t h e p e r i o d of t h e

r e s t r i c t i v e in t h e Babli t h a n in t h e

Rabbis, to be more restrictive than the

Yerushalmi.

original precepts of the Torah.

186

185

generation of Galilean Amoraïm whose

The Mishnah speaks about the

A p r e a c h e r of t h e f o u r t h

m n n |pi, the rebellious religious leader,

n a m e is q u o t e d a l s o as H a n i n a or

who does not accept the rulings of the

Hinnena.

supreme court sitting in t h e T e m p l e

Hiyya was f r o m K e f a r A g i n (Umm

court. If he asserts something that goes

Junia) South of the Sea ol Galilee.

against the text of the Torah, he is not

187

dangerous and not c r i m i n a l l y l i a b l e

to such a generation, w h e r e a s the true

since every child that has learned to

prophet gets his orders from God not to

r e a d r e a l i z e s his e r r o r .

But if he

preach. According to Rashi, η'υ means

asserts something in contradiction to an

"speak about your visions", r a t h e r than

authoritative teaching of the oral law

the commonly used "preach".

His teacher R. Tanhum bar

Only false prophets will preach

HALAKHAH 7 188

The real i n f e r e n c e is f r o m the

IH

right to use t h e i m p e r i a l mails f o r

rest of the verse that is not quoted but

transportation.

T h e two

diplomatarii

assumed to be known to every student:

arrive in the province by imperial mail

"You shall p r e a c h to this people."

It

but this does not imply that they a r e

follows that the prophet sometimes is

plenipotentiaries (since, sometimes, the

ordered to be silent and sometimes to

privilege of using the mails was given

speak but the sage is ordered to teach

to private citizens.)

at all times.

190

189

Greek equivalent given as parallels.

T h e Arukh notes the word but

gives no explanation. Mussaphia, in his Notes

to

Arukh,

proposes

191

Hebrew word (onin) "seal" and its

The reference is to the tradition

the

attached to v. 9, t h a t o b l i g e s one in

impossible Greco-Latin hybrid πόλεμο-

cases of doubt to go the t h e T e m p l e

notarius, "secretary of war." The best

and ask "the j u d g e w h o shall be in

e x p l a n a t i o n seems to be t h a t of A.

those days". Since it is impossible to

Kohut, diplomatarius\

the first syllable

ask a judge who does not live in one's

di was interpreted as Aramaic relative

days, this is taken to mean t h a t any

pronoun ( H e b r e w ©) and, t h e r e f o r e ,

chief j u d g e , e v e n if not t h e

dropped.

competent one, has the same status as

Diplomatarius

is a l a t e

(Byzantine) f o r m of diplomarius,

the

most

any other living in another time. (Babli

h o l d e r of an i m p e r i a l diploma,

a

Rosh

"doubly f o l d e d " i m p e r i a l o r d e r

or

153).

Hashanah

25b, Sifri

Devarim

privilege w h i c h g a v e its h o l d e r t h e

•vnnnb n^i-iirbD bip n a

*ry b n N

.bip n a n i w w o ι κ ρ ι π ν-τη

b > p ? n -IONJ n ? b y b b n n > a n p i n p ì > n o v n > a n p i r p >inib"j i n ^ y b y . V i i n p i r i D i > b ì p D >N N b î s yrçh « I P ? i b w n a ηκ*»\5>>3 b a N

.bip n a

ìb>N » b i p s

l y - i k p j h V 1 Ç -VTT ' I P V P I > b i p ?

, n nτ > n a »τ n b b n• n > a

b y - a i yr rτr b Dτ i: b b·· n· n > a m i s

r oτ bτ ·n: D bτ i ^y bτ b i» p

n a i D n a b n b aτ u- : o > »· n- o > n b Nν: n a i i b w ib>N m nτ :M i s b i 'p n a·· τ T T - :

.bip n a η H W nja>a

IT

>a")

>a>a >a-i . b i p n a n N * > p > N

That means 1 9 2 after the divine voice 1 9 3 was heard. divine voice was heard,

.*jb;> r j ^ h a

194

τ τ

>an · -

.bbn n>a

But before the

it was said of anyone who wanted to restrict

116

CHAPTER ONE

himself and follow the restrictions both of the school of Shammai and that of Hillel: (Eccl. 2:14) "the fool walks in darkness;" anyone who followed the leniencies of both of them 195 was called an evildoer. But one had to follow either the leniencies and restrictions of one school or the leniencies and restrictions of the other. That was before the divine voice was heard. But after the divine voice was heard 196 , practice always follows the school of Hillel and everyone who transgresses the rulings of the school of Hillel merits death. We have stated: "A divine voice came and said: Both of them are the words of the Living God but practice follows the school of Hillel".197 Where was the divine voice heard? Rebbi Bibi 198 in the name of Rebbi Yohanan: The divine voice came in Jabneh 199 . 192

Referring to the statement in the

the school of Hillel in practice.

The

Mishnah, that Rebbi Tarphon was told

man who rebuilt Jewish learning a f t e r

that he incurred guilt by following the

t h e d e s t r u c t i o n of t h e T e m p l e , R.

teachings of t h e school of Shammai

Yohanan ben Zakkai, was a student of

(with which he probably grew up).

Hillel.

193

A Vip na, "daughter of a voice", is

a sound

carrying

information

of

195

In the opinion of the Babli, only

in the case of two l e n i e n c i e s whose

indeterminate origin.

theoretical

194

another. Similarly, the fool is one who

Tosephta Idiut 2:3 (in a different

version

Sukkah

2:3).

The

discussion in the Babli is Eruvin

main 6b.

bases

contradict

one

follows contradictory rigidities. 196

This is an e x p l a n a t i o n of t h e

The 24 instances of restrictions of the

Tosephta, rather than a duplication of

school of Hillel w h e r e t h e school of

the earlier note on the Mishnah.

Shammai

197

is

more

lenient

are

The same statement is in Babli

enumerated in Tosephta Idiut 2. It is

Eruvin 6b. T h e language is tannaïtic,

r e p o r t e d t h e r e t h a t t h e most con-

but

s c i e n t i o u s one of t h e f o l l o w e r s of

unknown.

S h a m m a i in t h e y e a r s b e f o r e

198

the

the origin

of

the

phrase

is

Since in Talmudic times every 3

destruction of the Temple, R. Yohanan

or 3 was p r o n o u n c e d / v / in G a l i l e e

ben Hahoranit, followed the rulings of

u n d e r t h e i n f l u e n c e of

Byzantine

117

HALAKHAH 8 Greek, his name p r o b a b l y is a shor-

d u c e e s in his t i m e f o l l o w R a b b i n i c

tening of Latin Vivianus, ο·»?ι R. Bibi

practice.

was one of the notable students of R.

Qumran were Sadducees and

Yohanan.

Tefillin

199

characteristically,

T h e Synhedrion was at Jabneh

b e t w e e n t h e two w a r s a g a i n s t

the

We know t h a t t h e sect at

follow

their

Sadducee

rules;

t h e y h a v e many

more Biblical quotes in addition to the

Romans and held there its first meeting

required verses (cf. Y. Yadin,

when it was r e c o n s t i t u t e d a f t e r t h e

from Qumran, Jerusalem, 1978).

persecutions that followed the war of

Tefillin

Bar Kokhba. A f t e r w a r d s , it moved to

l e t t e r s in t h e c a v e s of t h e J u d e a n

Galilee permanently.

desert a r e of the same type.

terminus

This g i v e s a

ad quern f o r the adoption of

Tefillin The

f o u n d with t h e Bar K o k h b a

Hence,

Sadducee practice did not completely

the rules of the school of Hillel by all

stop until the war of Bar Kokhba.

of Judaism.

It seems t h a t t h e e x a c t

f a r as S a d d u c e e i s m g o e s , its d i s -

point in time was the reconstitution of

appearance in practice can be dated to

the Synhedrion a f t e r t h e w a r of Bar

t h e a f t e r m a t h of t h e w a r of

Kokhba.

Kokhba.

While Talmudic literature is full of

As

Bar

It is not believable that a man of the

disagreements on p r a c t i c a l points of

s t a t u r e of

Rebbi T a r p h o n

Jewish practice, there is unanimity that

transgress

a generally

the principles underlying all discussions

practice

are those fixed by the school of Hillel

pronouncement and by popular consent.

in Rabbinic (Pharisaic) Judaism. A f t e r

Hence, the episode of Rebbi Tarphon

supported

by

would

accepted a

divine

the war of Bar Kokhba, we do not hear

must be dated in time b e f o r e the bat

of any f o l l o w e r s of t h e s c h o o l of

qol. It is generally accepted that Rebbi

Shammai in practice, nor of Jews that

Tarphon did not live to see the war of

a r e S a d d u c e e s in p r a c t i c e .

Bar Kokhba. This narrows the time of

Talmud (Babli Nidda

In t h e

33b), R. Yose

the bat qol to close to that war.

(ben H a l a p h t a ) states t h a t the Sad-

Π})?

n n N ) n>)a> o^nyj

.η

rows

(foi. 3c)

ηρίΝΐψ oipç rnsi? noto rovttf ϊιπν .·ν*ΐΓ)Ν> o>rrçn n>3S> cpnyj

118

CHAPTER ONE

ύ > κ DiJin^

>Νψ-> ÍÍ>N nap!? .Ίχφ

>Νψ-ι

.Oiling 'Νψ-Ι Ù>N OÍJir£

,οίτιπ^ ί Ο ψ

Mishnah 8: In the morning he offers two blessings before [the Shema'] and one after. In the evening he offers two blessings before and two after, one long and one short. At a place where they 2 0 0 said to make it long he is not allowed to make it short, short he is not allowed to make it long. To seal 201 he is not allowed not to seal, not to seal he is not allowed to seal. 200

The men of the Great Assembly.

sentence of the benediction with the

201

"To seal" means to start the last

words "Praise to You, o Eternal,...".

n ^ i ooi> i s jvin") ow ϊ χ upn? i ? Iwinyj >1> i ? üwin» >21 DW? v ? n >3->3 >oi> >i)p >31 o w ? l ) ? n j >3"i

VWV

π ηοϊη

."ρίψ γ ι ^ π ι oi>n n ^ n Νη»ψ ï y v t â Ï O oi»3

oy?

o«i> 13 n>ini o»p ì!?>jo q>Ti>^n oi»3 V3y o»¡?>?rrio Halakhah 8: Rebbi Simon in the name of Rebbi Samuel bar Nahman: Because of 2 0 2 (Jos. 1:8): "You should think about it day and night", that the thinking of day and night should be equal. Rebbi Yose bar Rebbi Abin in the name of Rebbi Joshua ben Levi: Because of (Ρ s. 119:164): "Seven times a day I praise You for Your just laws." Rebbi Nachman in the name of Rebbi Mani 203 : Everybody who keeps "seven times a day I praise you" is as if he kept also "you should think about it day and night" 204 . The reason is sought for

be parallel and why each one has to

benedictions b e f o r e and a f t e r the

include a benediction of thanks for the

recitation of Shema'.

Torah, since the r e c i t a t i o n of the

202

The first opinion,

ascribed to an early Amora, gives the

Shema'

a l s o h e l p s to f u l f i l l

the

reason why the two recitations should

obligation of Torah-study in a minimal

119

HALAKHAH 8 T h e second opinion, by a l a t e

an Amora of t h e last g e n e r a t i o n in

Amora in the name of one of the first

Galilee, a student of Rebbi Mana the

ones, explains t h e a s y m m e t r y in t h e

second.

numbers since they must add up to the

assume that R. Mani h e r e is R. Mana

odd number of 7.

the second. However, since the late R.

way.

Hence, it is r e a s o n a b l e t o

Yose bar Abin transmits in the name of

Since in Halakhah 9 (and in the 14b) it is reported that

the very early R. Joshua ben Levi, it is

in Israel one did not recite the entire

not impossible t h a t t h e n a m e of R.

last section of Shema' in the evening,

Mani is transmitted correctly.

Babli, Berakhot

Rebbi Simon also gives a reason for the

T h e statement of R. Mani implies

asymmetry: In the evening one recites

that anybody who recites Shema'

with

4 benedictions and 2 sections, in t h e

its b e n e d i c t i o n s

morning 3 benedictions and 3 sections,

evening and every morning, cannot be

for a total of 6 morning and evening.

considered transgressing the obligation

regularly,

every

In the next section it is clear that Rebbi

of Torah study even if he d o e s not

Simon makes a distinction between the

study otherwise. In contrast to the first

first t w o and t h e t h i r d s e c t i o n s of

two statements, this one has practical

Shema', a distinction rejected by Rebbi

consequences.

Levi from the circle of Rebbi Yohanan.

204

203

Usually, R e b b i Mani in t h e

Y o h a n a n r e p o r t s in t h e n a m e of R.

Yerushalmi is R. Mana t h e first, an

Simeon bar Yohai thai r e a d i n g t h e

Amora of the first generation.

Shema' alone is enough; no mention of

How-

ever, Rebbi Nahman, the preacher, is

the necessary benedictions.

> 3 3 0 -IÇN " P O ' P >3T * pJN *

^ Γ » Γ Π > γ ή $ >J1V> V " P P TO

i m ^ n r i ι η ψ ^ ψ > j ? o -ION η } >a-i , η κ ρ ρ - ! η ι > ? ψ i n i

o^a

,·>33 ϊ χ ο η η Ν

q > η>η? ·>'·> n i s

. η -rçji

r i a p r i ο ν ΓΙΝ - t o t n ^ i i s o ' ^

rnnNi

ì^D^if *

ο>η*Η INO

a^jp? rnin

In the Babli, Menahot 99b, Rebbi

.Kiyï

ÏÏ^n

* °γ> ηι< Ν ψ π

-TD^ï* ,ΙΠΝ

, ι ρ ν ο ι r p o y á variy)>> t O Í O > D

η ^ ι ρ ψ Ν > η ψ π ι ψ n i * o η - i d î n >a-»

Ν ^ π ψ q ¥ H i n > ί > ί jvìsì mTin"| ο>ΐ?ίΐη n i e r a i D?>O> ia-)>

VOV

. q o N n ^ i : p a N n^c t a ?

π ν ί ί η qvqj? n a v nisi

. r n i n ϊ ψ n ^ i i s o *TÌ33 η ^ ι ρ ψ

120

CHAPTER ONE

N>

IN© .ΠΊΠΡ OJH3NÎ .Π$ηη HÏ

•jn.ri

>2*1 ->ÇN

>J0»1

n n N i DM?!? n n N i-nrm N>

,Π5")21Γ1 Ο "Π q>3>V¡ >>

DÎT1

; ρ > 7 3?3t>Nì

n>

.>> J I N I y - p « w r p r M

iprpi

*

TV

.Q^iy Ì J ^ Ì

o ^ í f

ΠΝ^ΟΙ >*).ÌO"|P n i n » >N w n

n ^ r i N> .q-iin

ί « ϊ < >3-) DON J i ç t f i n o

rjra

ύντ Ν^Ί niPtf

»3N n>yn ->¡?w r m y T i r i t e r i i v o d n nid îp-α w r ^ n -mon η> >n-t i o n n>a l i n o r i ni

.^-JKI

ι τ ι ν ί ι n 1 ?^

.íp^nn n n N^Í qjV3

ty

^NS

n i n t p ïy Dniirpì

Why does one read these two sections every day? Rebbi Simon says because they mention lying down and getting up.

Rebbi Levi said,

because the Ten Commandments are contained in them 205 . "I am the Eternal, your God." - "Hear 206 , o Israel, The Eternal, our God." "You should not have any other gods before me." - "The Eternal is One." "Do not take the name of the Eternal, your God, in vain." - "You must love the Eternal, your God." He who loves the king will not swear in his name and lie. "Remember the Sabbath day to sanctify it." - "So that you shall remember;" Rebbi said: that is the commandment of Sabbath which is as important as all other commandments of the Torah together, as it is written (Neh.

9:14): "You informed them about Y o u r

Sabbath,

commandments, laws, and Torah you commanded t h e m , . . . " to show that it is as important as the other commandments of the Torah 207 . "Honor your father and mother" - "So that your days and the days of your children should increase. 208 " "Do not murder" - "You will soon be lost." He who kills will be killed. "Do not commit adultery" - "Do not stray after your hearts and after your eyes." Rebbi Levi said: heart and eye are the two agents of sin. It is

121

HALAKHAH 8

w r i t t e n ( P r o v . 2 3 : 2 6 ) "My son, g i v e M e y o u r heart; y o u r e y e s s h o u l d w a t c h M y ways." T h e H o l y One, Praise t o Him, says: If y o u g i v e m e y o u r heart and e y e s I k n o w that y o u are m i n e 2 0 9 . "Do n o t steal" - "You shall h a r v e s t y o u r grain, " not y o u r n e i g h b o r ' s grain 2 1 0 " "Do not t e s t i f y against y o u r n e i g h b o r as a f a l s e witness," - "I a m t h e Lord, y o u r God." A n d it is written {Jer.

10:10) "But t h e L o r d is the G o d

of truth." W h a t is truth? Rebbi A b u n said: that (Jer.

10:10) "He is G o d of

life and king of the world." Rebbi L e v i said: T h e H o l y One, praise t o H i m , said, if y o u g a v e f a l s e t e s t i m o n y a g a i n s t y o u r n e i g h b o r , I c o u n t t h a t against y o u as if y o u g a v e t e s t i m o n y against M e that I did n o t c r e a t e h e a v e n and earth 2 1 1 . "Do not c o v e t your n e i g h b o r ' s house" - "You shall w r i t e t h e m o n t h e doorposts of your house," your h o u s e and not your neighbor's house. 205

Since R e b b i L e v i

depends

heavily on the third section of

Shema',

Commandments of Deuteronomy. 209

The connection seems to be from

he cannot agree that in the evening one

the following verse: "Because a dark

should recite only two sections. In the

ditch is the harlot and a source of

Babli (Berakhot 12b), the third section

trouble the strange woman."

of Shema'

210

is s i n g l e d

out for

its

importance b e c a u s e f i v e of the Ten

This contradicts the opinion of

the Babli, Sanhédrin

86a, that the Ten

Commandments are alluded to in it.

commandments forbid kidknapping, a

206

Adrat

capital crime like murder and adultery.

(Rashba) points out, y»w can m e a n

The Babli's opinion is f o u n d also in

"hear, understand, or accept."

Mekhilta deR. Ismael (Jilhro 5), which

207

Since the Sabbath alone is given

possibly was edited in the Academy of

a p a r a l l e l status to "Torah" in this

Rav in Babylonia. The same attitude as

verse.

here, that all stealing is prohibited, is

208

As R. S h e l o m o ben

This promise is connected with

honoring father and mother in the Ten

found in Mekhilta Yohai, p. 153.

deR. Simeon

bar

122 211

CHAPTER ONE This argument is the base of

Rashi's commentary on Berakhot

Eternal is the God of truth."

14b,

Rabbi

Abun (Rabin) was a younger contem-

on the statement that one is required to

porary of R. Levi.

end the recitation of Shema' with "the

3*1 .1D")3 Π 8

ΟΓΙΊ TIO* Γ Ο Ί ?

η>ζΐι v o y i j i i n ^ T n τ η ψ ν wit?")

.rnin

VN\j>

>3"» o v n > £ N > 3 1

Jim

i?

ι η ψ ν ψ o i b ? Π Ρ Ο ν η ψ η>> Ν ί π ρ lìn>n^i 1903

it

V N N I >37 i o n

' 3 7 1 naarijo 3*17

.yçyj W

o v _ ^ d 3 n i - m n rinvìi m i p

i n i p i>n n o >3>P3 η ψ β >

>

D3ÌO)pD

13!? ìj>N V7>?ÌN in?

?ï) l £ £ l

ογ>3 -mon narnp .*u?N»i

,ϋίηψ

on

.ivhDi»)? niD-jari ID IT) n v m n m n V 7 3 i>i>?n r o y o ^ ^ n ìrilN

There it was stated (Tamid Mishnah 5:1): "The official in charge told them 212 : recite one benediction! and they recited one benediction." What benediction did they recite? Rav Mattanah in the name of Samuel 213 : that is the benediction f o r the Torah.

"Then they r e c i t e d t h e Ten

Commandments and the three sections of Shema'." Rebbi Ammi in the name of Rebbi Simeon ben Laqish: that means that the benedictions are no obstacle 2 1 4 .

Rebbi Abba said:

From here you cannot draw any

inference because the Ten Commandments contain the essence of Shema'215.

Rav Mattanah and Rebbi Samuel ben Nahman both say that it

would have been logical to require that the Ten Commandments should be recited every day. Why does one not recite them? Because of the arguments of the Christians 216 , that they should not say that only these were given to Moses at Sinai. This Mishnah deals with the

of services. The official in charge was

details of the T e m p l e s e r v i c e , in

one of the small permanent staff of the

particular the prayers of the priests

Temple; the priests themselves were

before the start of dawn and beginning

divided into 24 "watches", one of which

212

HALAKHAH 8

121

served in the Temple from the placing

last benediction before Shema', which

of new show-bread on the Sabbath to

is praise for the Torah and its study,

its removal the next week.

may take the place of the explicit

These

"watches" are remembered in several

benediction for the Torah (e. g., for

kinnot for the Ninth of Av.

somebody who c a m e l a t e to

213

Synagogue

Rav Mattanah was a student of

and

is

reciting

the that

Samuel, the head of the Academy of

benediction before he had a chance to

Nahardea and representative of the

recite the benediction for the Torah),

Babylonian tradition in Talmudic

whereas the Yerushalmi requires two

studies.

benedictions unless one starts studying

214

after the recitation of the

Since it is implied that the

Shema'

priests fulfilled their duty of reciting

without interruption; see below and

the Shema',

Tosa phot Berakhot

it follows that the non-

recitation

of

the

benedictions

preceding and following the

215

l i b , s. v. naa®.

Since the benedictions for the

Shema'

Shema' were instituted for Shema' only,

does not invalidate the recitation of

they are not applicable to the Ten

Shema' itself.

Commandments;

The Babli ( l i b )

hence,

the

Ten

has a t o t a l l y

Commandments, if recitcd at the start

First, they note

of the service, require the benediction

that Rav Mattanah did not know what

for the Torah. On the other hand, in

benediction was recited in the Temple

the preceding section is was shown that

and then they report that Rav Yehudah

Shema' contains allusions to all of the

said in the name of Samuel that the

Ten Commandments. Hence, Shema' is

different approach.

second of the daily

benedictions

in a sense a duplication of the Ten

preceding the Shema'

was recited.

Commandments

and

a

separate

Rebbi Arami in the name of R. Simeon

benediction would be out of place.

ben Laqish is quoted that "benedictions

216

do not invalidate one another", i. e., the

Christian. In the Babli (12a) it is said

recitation of the second before the first

that "the reading of the Ten Com-

is not an obstacle.

mandments was stopped because of the

difference

is that for the Babli, the

ηψ-ja v i i p .-na^n

The essential

I'D always denotes a Jewish

propaganda of the (Jewish) Christians."

n>n v i ? N * ! ^ ">3 r m r p r n o w ? i n o ? -»3 t w o y j >i-> η η ρ η ! ? ν ! ? ^ OJIÏN

·)>*< n ç >3901 o v - î r ç ? oy>:r>

124

CHAPTER ONE v a >an >a ·>νν

>a->

rnTiri3 Π3ίη·>ψ

. n n > p i n a > a y rrç a i n a ^

"rçjJîpi* >3-1 "IÇN

n j i n >3-1

. m a > ç i nN>*> irta 3 i J i a y >D«H3 .ouiriDai o>N>:m

Rebbi Samuel bar Nahman in the name of Rebbi Y e h u d a h bar Zebida 217 : It would have been logical that one also would have to recite the chapter of Balaq and Balaam every day 218 . Why does one not recite it? Not to incommodate the public too much. Rebbi Huna said, because it mentions lying down and standing up 2 1 9 .

Rebbi Yose bar Abun said,

because it contains the Exodus and God's kingdom 220 . Rebbi Eleazar said, because it is w r i t t e n in the Torah, in the Prophets, and in the Hagiographs. 221 217

A Galilean Amora of the second

The quotes in the Babli are all in the

generation, possibly a student of Rav in

name of Galilean authorities.

Babylonia. He is also the author of the

218

parallel statement in the Babli (12b).

23:7 - 24:25.

The statement of Rebbi Huna is given

219

Num. 23:24, 24:9.

in the Babli in the name of Rebbi Yose

220

Num. 24:8, 23:21.

bar Abun. The reasons of Rebbi Yose

221

bar Abun and Rebbi Eleazar in the

Prophets Michah

Yerushalmi are missing in the Babli.

graphs Nehemiah 13:2

r o n » a n .iana n n ! ? Ν ΐ ο ψ >a-|

The blessings of Balaam, Num.

In the Torah as indicated; in the

. i d - p i on") η η κ n a n ? l a n j j η ί ί η φ π irfr *V3N

.Jii-mçn

id-»? η ϊ ν ^ π ί

.rnin nana w i m w

.ni*m>?ri " « ν ->o>rn n v m p n ì n ì p 222

6:5, in the Hagio-

oy>a

Ι>Π¥ n o n a > 3 7 7 ν η κ

"The official in charge told them: recite one benediction! and they

recited one benediction."

What benediction did they recite?

Rav

Mattanah in the name of Samuel: that is the benediction for the Torah. But they did not yet recite "Creator of the Lights! 223 " Rebbi Samuel, brother of Rebbi Berekhiah, said: there is no light yet and you want to recite "Creator of the Lights"?

HALAKHAH 8 222

In the Babli, this piece would be

m

Berekhiah, is one of the authors of the

introduced by KD« "let us return to our

oldest sections of Midrash Rabba.

main theme."

223

Such a r e f e r e n c e is

The first benediction before the

always missing in the Yerushalmi. In

Shema', a celebration of God's creation

the

of the sun.

Babli, this a r g u m e n t

is

an

The

corresponding

anonymous tentative statement (12a).

b e n e d i c t i o n in t h e e v e n i n g is a

Rebbi Samuel, b r o t h e r of

Rebbi

celebration of God's making the world

Berekhiah, is an Israeli Amora of the

revolve alternatingly into darkness and

fourth generation. His brother, Rebbi

light.

η i3>o

ion

,n?*u imp . N s v n

.min.!

π π ν nana v s ' p i »

Π2Γ)Ν"! τηηκ dd>?>? y\?> rrçn Ji>33 piwri ν>π

(Tamid Mishnah 5:1) On the Sabbath they add one benediction for the departing watch. What kind of benediction? Rebbi Helbo 224 said, that is it: May He Who resides in the Temple plant among you brotherliness and love, peace and neighborliness. 224

A Babylonian, student of Rav Huna and colleague of Rav Sheshet, who

emigrated to Galilee and became student of Rebbi Samuel bar Nahman and Rebbi Ammi. He was the main teacher of Rebbi Berekhiah. His statement appears in the Babli in identical form (12a).

vçyj Tinp -»πν> •pio? -Ϊ&Ν N3in

t j n s vny) n n p o i i p τιύψ> ο>?ψη - i ç n twiov» .Ί31Ν ^

Nini N3 >3Ί "V?N .îp}!?

>3"! ο γ ή "pn>p >3-1 .:p.3> rjns 1>N ™:>!?l! V?n3

\>H

«>17»? o ' - o i n

1 3 N » n 3 i -«ON .-pn> rjns jiiD^n p i vsh.in γ* η> . r o - a n } Ί^ρρ* ni:>£n v ? v-nrs i>3 m. >ioip

Samuel said: If one got up early to study before he recited the Shema' he has to recite the benediction. After the recitation of Shema' he does not have to recite the benediction. Rebbi Abba 225 said, that is only if he studied immediately. Rebbi Huna 226 said: It is reasonable to say that for

126

C H A P T E R ONE

e x e g e s i s 2 2 7 o n e has t o r e c i t e t h e b e n e d i c t i o n , f o r p r a c t i c a l r u l e s 2 2 8 does not h a v e to recite the benediction.

one

R e b b i S i m o n in t h e n a m e

of

R e b b i Joshua b e n L e v i : B o t h f o r e x e g e s i s a n d f o r p r a c t i c a l r u l e s o n e has to recite the benediction.

R a v H i y y a b a r A s h i said:

When we

were

sitting b e f o r e R a v , h e a l w a y s r e q u i r e d us t o r e c i t e t h e b e n e d i c t i o n

both

f o r e x e g e s i s and f o r practical rules 2 2 9 .

225

The opinion of the Yerushalmi

227

It seems that here © π » includes

is that the benediction before Shema' is

both exegesis of the T o r a h and e x e -

no substitute f o r the benediction on the

gesis of the Oral Law, anything that is

Torah. The statement of Rebbi Abba,

not obvious either from a biblical verse

Babylonian immigrant to Israel, former

or from a Mishnaic statement.

student of Rav Yehudah, the student of

228

Samuel,

the memorization of f i x e d statements

harmonizes

Babylonian

Practical rules, n^n, r e f e r s to

practice, e x p r e s s e d by Samuel, with

which are i m m e d i a t e l y

Israeli

whether a Mishnah, Tosephta, or a

theory

by

accepting

Babylonian p r a c t i c e but m a k i n g impracticable, Babylonian

ιηκ

the it

is the same as

inVitV "on the spot, im-

applicable,

deciding statement of an Amora. 229

In the Babli ( l i b ) , Rav Hiyya bar

Ashi, the student of Rav, notes that f o r

mediately."

his early morning class, Rav washed his

226

hands, recited the benedictions, and

From the parallel in the Babli

( l i b ) and the order of statements it

proceded

seems that "Rebbi" here in the Y e r u -

Halakha on the Torah, thus combining

shalmi is a scribal error f o r Rav; the

all aspects of T o r a h study.

author of the statement is Rav Huna,

version of the Babli, the statement of

the student of Rav f r o m the family of

Rav Hiyya bar Ashi is separate f r o m

the Resh Galuta. The discussion in the

the preceding discussion and seems to

Babli is much more detailed, starting

indicate that the d i f f e r e n t aspects of

with the study of Scripture and going

Torah study should not be separated, in

into the details of the sections of the

contrast to the Yerushalmi version.

Oral Law.

to

teach

the

Midrash

In the

127

HALAKHAH 8

>3-1 O W 3 N V J ^ >3*1 .Vri V 1 H N P >3 1>νψ

- m s ν)?ψ >ì"iipl

O y ΝΊ.ίρΓΙ >3ΓΙ VPÎ>5 Ί ^ ΐ η i j n i > >3-11 > i o i > 5 > ö n

N*ÌÌ3>Ì» NJ1N N J V ^ J l ! ? ì(7?3 Ν Π Ν >311 >t>Ì> >3") n o i > >3*1 n>>

,i7>3 » i r » ? ν π ν n i

n*>flj}3 l i o i » ^ H ? N ^ N r m i N i>"ÓP o t o ? i n DI13ÌV3

-llî? Ό Ρ Ο

WV

N^l

-m? yçyi n p i n i

r m j i y n η η ί κ w i p ->3? Ν>ΓΠ

m » k ^ V J i i o i n n n v a p n>>

.rnin 137 .rmiN m i p

It w a s stated 2 3 0 : H e w h o r e c i t e s w i t h t h e m e n of Maämad231

has n o t

d o n e his duty since they w e r e t o o late. Rebbi Zeira in the n a m e of R e b b i Ammi:

In t h e d a y s of Rebbi Y o h a n a n w e w e n t o u t f o r a fast-day and

recited Shema'

after three hours and he did not o p p o s e u s 2 3 2 . R e b b i Y o s e

and R e b b i A h a w e n t o u t f o r a f a s t - d a y . Shema'

a f t e r three hours.

T h e public c a m e and r e c i t e d

Rebbi233 Aha wanted to oppose them.

Rebbi

Y o s e said t o him: D i d t h e y n o t recite at its d u e t i m e 2 3 4 , n o w t h e y o n l y recite it in o r d e r t o s t a n d in p r a y e r a f t e r w o r d s of t h e T o r a h .

He

answered back: It is because of the u n e d u c a t e d , w h o s h o u l d not s a y that the recitation w a s in its correct t i m e 2 3 5 . 230

A somewhat different version of

delegation, the Men of Maämad,

this baratta is in Babli Yoma 37b.

the r e p r e s e n t a t i v e s of t h e

231

people at the daily sacrifices.

The land of Israel was divided

were Jewish Since

into 24 districts, corresponding to the

these sacrifices started very early, the

24 families of priests, and every week

men of Maämad

a select g r o u p of laymen f r o m t h e

b e f o r e they could hold their prayers.

district in charge of the week came to

Therefore, they started their morning

Jerusalem

the

prayers only a f t e r the daily morning

sacrifices. Since public sacrifices were

sacrifice was completed. By that time,

brought on behalf of the entire people,

it was later than t h r e e h o u r s i n t o

a sacrifice must be b r o u g h t with its

daylight and anyone else would be too

owners

late in their recitation.

t o be

being

present

present.

at

The

lay

had to p a r t i c i p a t e

128 232

CHAPTER ONE In Israel, a fast day usually

meant a day of fasting for rain.

variable hours (one quarter of the time

The

between sunrise and sundown).

services for these fast days were

233

always held in the public square,

all printed editions and manuscripts is

therefore one had "to go out". Also, the

clearly a copyist's error; the entire

sermon was given before the start of

discussion is about rain fasts in Israel

prayers since a sermon after prayers

and only Israeli scholars are involved.

would not do much good and on

234

fastdays the regular service, with an

benedictions that were said at home,

extended Amidah,

not in the synagogue.

was said.

By the

The reading 31 that is found in

At the time of the morning

time that a great many people were

235

assembled and the sermon was given, it

Rebbis Yose and Aha is not resolved in

was rather late, later than

the Yerushalmi.

three

The disagreement between

JV3VÏI n i 3 " p ì o n ì £ p n ο ί η r o y n WÍÓ η ΐ η ? I D ? VpnNwyy n i : m r n z m lim

. N i n - n a o k n ì d o s n i>D>ri o n - d o o w

r o r i D N n o - n i i w n n η ? - μ ι n i - p a n ^ " î jiiiîwan TVp^n

- P I N O D*TN

vniD-ian

^-ιηφπ i o ?

Ν ΓΙ .")Ν)3ΓΙ 1ΠΝ ptKSn T1?"|3

γ π φ r n p N ν "τ Γ) n a w j p τ η n r j -imponi ri3iî>? rrç n n T i n a ó n w t «Vpio Νίπψ .Π3

ΝΠ . n ^ V E ? ΐ>ΐΠ\ί>>

Ni? ñ> VVO NÌD)

Ί β Ν Γ Ι ΗΪψ ΪΗ'ΪΨ

ì!w

no

I1"!* TIÜV >31 I O N

^Nii?

ty ρ nt

.îjnNO

Ί Ο ' ) ? i n ^ 13 0 1 3 >

These are the benedictions that one makes long 2 3 6 : the benedictions for Rosh Hashanah

and Yom Kippur,

and the benedictions for a public fast

day. F r o m his benedictions one can tell whether s o m e o n e is a scholar or is uneducated. These are the benedictions that one m a k e s short: H e w h o makes a benediction o v e r a commandment and on fruits, the introductory paragraph of G r a c e 2 3 7 , and the last benediction in Grace after the m e a l 2 3 8 . H e n c e , all o t h e r benedictions one should m a k e long.

H i z q i a h 2 3 9 said:

F r o m what w e have stated: H e who m a k e s it long is despicable, he who

129

HALAKHAH 8

makes is short is praiseworthy, which means that this is not a principle 240 . We have stated: One has to make long the benediction "Who saves Israel" on a fast day 241 . Hence 242 , the six additional benedictions he should not make long. Rebbi Yose said: You should not say: because this is part243 of Shemoneh Esreh one should not make it long, therefore it is necessary to say: One has to make long the benediction "Who saves Israel" on a fast day. In a different order (short, long,

Seventh benediction f o l l o w e d by six

recognize) t h e s t a t e m e n t is f o u n d in

additional ones, d e t a i l e d in Mishnah

Tosephta Berakhot 1:6. In Tosephta 1:7,

Taänit 2:4) which were not those of the

the list of t h e short b e n e d i c t i o n s is

congregation, but of the cantor who in

repeated as that of benedictions which

Israel at t h a t t i m e was supposed to

236

do not have a separate ending (where,

present his own compositions, and those

however. Rebbi Yose Hagalili disagrees

of the list had to be long. Then there

about the fourth benediction of Grace.)

exists a short list of short benedictions

Towards the end of the Halakhah here.

that may not be lengthened by poetic

R e b b i Y u d a n will e x p l a i n t h a t To-

insertion. And finally, t h e r e exist the

sephta

1:7 g i v e s t h e d e f i n i t i o n of

benedictions not mentioned here at all,

"short" in the Mishnah and T o s e p h t a

like the benedictions b e f o r e and a f t e r

1:6; h e n c e , it f o l l o w s t h a t "long" is

the recitation of Shema', where it seems

identical with "having a separate

the c a n t o r may p r o d u c e p o e t i c in-

ending: Praise to You, o Eternal, . . ."

sertions without being c h a r a c t e r i z e d

That identification has been accepted

either as scholar or as uneducated.

by most Medieval authorities.

237

However, originally the d e f i n i t i o n

Some Medieval a u t h o r s (e. g.

Se fer Hamanhig, Hilkhoi Seudah, #16)

seems to have been the one given here

read "the benediction over food (fila)"

and in Tosephta 1:6, viz., t h a t t h e r e

instead of zimmun

exist benedictions, those of Musaph of

ductory paragraph. This reading would

Rosh Hashanah, all prayers of Yom

explain

Kippur

with the Confessions, and the

"Grace a f t e r a m e a l " but is it not

additional benedictions in the prayer of

supported by any manuscript either of

a public fast f o r rain (a l e n g t h e n e d

the Yerushalmi or the Tosephta.

(ρη··!), t h e intro-

the seemingly

redundant

Sefer

130

CHAPTER ONE

Hamanhig explains this "benediction

Hiyya, collaborator of Rebbi Yehudah

over food (lira)' as the benediction

the Prince.

before the meal.

240

238

may be enlarged by poctic insertions

The last benediction was

The benedictions not mentioned

originally only "Praise to You, o Lord,

but do not have to be long.

King of the Universe, Who is good and

241

does good"

sertions.

(Talmid Rabbenu

Yonah,

With poetic or Biblical in-

Alf assi Berakhot 36a). The extensions

242

that today make the benediction short

are not mentioned in this baraita.

in form but long in text are mainly of

243

Babylonian origin; cf. the discussion in

has to assume that Rebbi Yose would

the author's The Scholar's

classify the ρ η ρ insertions on Purim as

Haggadah,

pp. 358-359. 239

Since the next six benedictions

Of the everyday prayers. One

short.

One of the twin sons of Rebbi

.«lito n ^ n r i o n i n r n 3 1 3 p n ? > >an ν«ό

.«in?·)

,nw>

nD-53i

i w i ó a i n a vnoivrç» r i t a n ?

totf

ÌJIÌN γ ΐ φ ν r o ^ u i r o ñ a b a ï y n n i w n «ιίυ ï y n o i w

η > 13 yyihn> >31 0 W 3 ή η > ρ > 3 i

i n s >i> 13 y v i n » >3") o w 3

.Γοη τ 3ΐ

«po') r o * u ì

>n>ï NOVO >NO .iji£>3jr!?3 o>!?wç κ ι η ψ

r q y r ^

ύ>Ν ü i t e Ν ΐ η ψ η

o p τ ΐ Ν * η Π3>Π3ΐΠ"^3 UNÌ n ^ a n r r i ? ? ΠΝ *

^>3τιπ> n b > w r i t o ? ?

,V3-¡3 ^ These are the benedictions for which one bows down

* Π 3 ρ >}?>)? 244

: The first 2 4 5 ,

beginning and end; "thanks", beginning and end. One w h o b o w s down for every benediction is taught that he should not bow d o w n 2 4 6 . Rebbi Isaac bar Nahman 2 4 7 in the name of Rebbi Joshua ben Levi: The High Priest bows down at the end of every benediction; the king at the start and the end of every benediction. Rebbi Simon in the name of Rebbi Joshua ben Levi:

Once the king bows down deeply he d o e s not get up until he

finishes his entire prayer 2 4 9 .

What is the reason? ( I K i n g s 8:54) "It was

131

HALAKHAH 8

w h e n S o l o m o n finished all this prayer and s u p p l i c a t i o n t o t h e Eternal, h e g o t u p b e f o r e t h e Eternal's altar and did n o l o n g e r b o w d o w n o n h i s knees." 244

Here one does not talk about the

r e c i t a t i o n of

t h e Shema'

"Shield of Abraham."

and

its

b e n e d i c t i o n s at a l l b u t a b o u t

the

behavior reserved f o r t h e High Priest

Amidah,

or because he is o s t e n t a t i o u s in his

eighteen benedictions of t h e

246

E i t h e r b e c a u s e he i m i t a t e s

the subject of Chapters 3 and 4. In the

religiosity, an objectionable behavior.

Babli, the place of this discussion is in

247

Chap. 4, p. 34a.

ben Levi in the early Talmudic period.

T h e reason that t h e

One of the students of R. Joshua

subject is taken up in this context in

248

the Yerushalmi is that in the Tosephta

Rebbis Simon and Isaac ben N a h m a n

(Berakhot

1:8) it is d e a l t w i t h im-

refer to two different statements of R.

mediately after the discussion of short

Joshua ben Levi: The first one is about

and long benedictions.

It seems that the statements of

(In T o s e p h t a

bowing down like e v e r y b o d y else, t h e

and Babli, the verb "to bow down" is

second one is about kneeling, as in the

ππφ, not nn® as in the Yerushalmi. This

Musaph

is another indication that the Tosephta

when everybody can get up except f o r

in our h a n d s t o d a y is a Babylonian

the king ( a c c o r d i n g to Rashi in t h e

edition of an originally Israeli text.)

Babli, 34a,

245

earthly power comes the need f o r

Esre

At the very start of and b e f o r e the

»31

benediction

Π Ν Ί ζ Ι N i l . N>>0

. N a i n ? Ν ί η η ρ ρ η >3") 249

Shemone

p r a y e r of Rosh

Hashanah,

because with i n c r e a s i n g

increasing submission to God.)

D D n ? ΝVI I t >N"| D ^ n p N ' i l Η >N

n y n ? η κ η ο » P ' P ">3

.NS"ÌW) η ο ρ η

W h a t is b o w i n g d o w n t o o n e ' s k n e e s and w h a t is k n e e l i n g ?

The

great Rebbi H i y y a d e m o n s t r a t e d k n e e l i n g b e f o r e R e b b i , h e g o t up l a m e and w a s healed.

R e b b i L e v i b e n Sisi d e m o n s t r a t e d b o w i n g d o w n t o his

k n e e s b e f o r e Rebbi, he got up l a m e and w a s not healed.

249

The origin of this short insertion

Rabban Gamliel, on occasion of t h e

is Sukkah 5:4 where it is reported that

joyous dance for the drawing of water

132

CHAPTER ONE

on Sukkot not only had a fire dance

introduction has fallen out here and the

with eight different torches swirling in

two terms n a n a ,nvna have been

the air but also showed "bowing down

switched. What the Yerushalmi calls

to one's knees" as making a push-up by

nana, the p a r a l l e l

supporting oneself not on two hands

(Megillah 22b, also Berakhot 34b) calls

but only on two f i n g e r s .

m'p, "falling on one's face".

*V?N .-Tjaiy r v n

250

ν ή ρ ο η n>a

This

o n i ? i p-f^i -pjr,

in t h e

>3-,

Babli

niovu?

iao3> κ ^ ψ ì ^ n ο ? 9 ? 3

JO>3N ">3

>3"> .DÙ3

(1 Kings

8:54) "His hands raised to Heaven."

251

Rebbi A y vu said: He

was standing as if inanimate. Rebbi Eleazar bar Avina said: He made clear that these palms did not get at all dirty during the building of the Temple 2 5 2 . 250

Reading

of

the

Rome

As Levy recognized, ηοι is the same as

manuscript; Leyden and Venice: D'npi

•pu.

The word is Greek νεκρός "inanimate"

252

(adj.).

Solomon raised his "open hands", not

He seems to emphasize that

This is the end of the verse

his "hands", to show that from all the

quoted earlier for Solomon's prayer.

riches that David had assembled for

The text of the Venice edition here is

the building of the Temple (JChr. 29:1-

inferior to that of the Rome manuscript

9) not a penny was sticking to his own

that has been followed. (In the Venice

palms.

251

print: vnrn is missing, iboj for lBor.)

>3*i . r i N i i n a

n>>y) o y p n n i w ϊ ό η

13 Nria^D >3Ί n j j i

.«po"! n!?>nj? i o y n w > >7? n n i i p > "130 i o > y ^ >3"! . O H Ì 0 3 s a l p a i i o n (foi. 3d) v i i n n γό ι ώ ν

" Ρ ψ η ^ i>dto "pripn hotù

n > n i > >3*1 DW3 i j n v >3*1 DW? pv>pv> >3"i i 3 > o ' 3 Ί N n n n i n P f c H n>N"| >N»>P >3·) 0W3 N>»n >3-»

p^v7 W V

i ? πψ

>a->

N^I

>3"! ογ>3 » o v o »3"»

122

HALAKHAH 8

->w π ί η 3 γ ή π η nibif n i n a r r î r ç γ η π iÇy wjjop

>si ο γ ή

O>TM? η>η>ρ JI>wni3 " « ν o^iyn >n

Ί 3 N3

.Jiiiqinn bN * n j w i n a 79ψ> imin!? « m n p ì « r i y r P I

>3 >Γΐΰψ u n J ? ,

-13 !?íoov> 3 Ί >η>

onio

J m i n > ν?>>η « N y 7^ «OJN D>7ÌO 3Ί_ ο ψ 3 NI?Î . n i h n i n n ì w * π π ν 7 m n>79 ιψΝΐ D-J133I

t > 7>?ψ>

Π Π ^ ΝΠΝ >3Ί ΟΥή Ν>5>Ν

l i O j p p n y «>Γΐί3Ν >Γ0Ν1 Tiv VN") CPOm N>)p1 0>?Ì33

71? ηηφίΝ

* Impipo lian

0>>?Ì3 70W NÌD ΠΓΙΝ >3 W>J)3>fl30

Tfc Π9>3? 71? n j j n ? -χ? *içn l o s p ->3 .niN7inn ΪΗ * n j w i n s 773!?» n-inîDl

*

l i w ^ D V3^ri 77?"^? y - p n 7> n?>-o 7^ n>inny)n

!?b> Nvonpn") nD^pon v>

><7.N3i o>o^3 bb

Tinnì n ^ n ) i r i d a n o )

!?7Ì> 77^31 n7i3?i r ó 77^31 t o j bwin n m i 7>?a>o l i a s n ) -t^vni Wiób 3>"!?33 7Γ17Ν9Γ)

^P 0 ? ·>η * η η ο Ν τ ι

lîçjp V?37

0>>>ηρΐ 7^ 13Π3Ν OHIO W l ^ N nnyi tt p*.n>ì

l l ^ '37

.niNiinn Î7N * nriN 7 n s

οηηΓίνη frçto»

^Vì

.N771 i n Ν7Γ1 ÌN V">W7 Γ>>ΚΊ "prfr1» V7>?N Rebbi Halaphta ben Shaül 253 stated: Everybody bows down with the cantor for the benediction of thanksgiving. Rebbi Zeira said: But only for the word modim. Rebbi Zeira was attentive to the Qeroba 254 to bow his head at the beginning and at the end. Rebbi Yose when he came up here 255 saw them bowing down and whispering. He said to them: What is this whispering? He had not heard what Rebbi Helbo, Rebbi Simeon said in the name of Rebbi Yohanan, in the name of Rebbi Jeremiah 256 , Rebbi Hanina in the name of Rebbi Miasha 257 , Rebbi Hiyya in the name of Rebbi Simai, and some say, the colleagues258 in the name of Rebbi Simai: We thank You, Master of all creatures, God of praises, eternal Rock, Life of the Universe, Creator, Who resurrects the dead, that You have made us alive, kept us, gave us merit, supported us, and brought us near to give

134

CHAPTER ONE

thanks to Your name; praised be You, o Eternal, God of thanksgiving. Rebbi Abba bar Zavda 2 5 9 in the name of Rav: W e thank You since we are obliged to give thanks; may my lips sing, for I shall sing to You with my soul that You have redeemed; thanksgiving.

praised are You, o Eternal, God of

Rebbi Samuel bar I n i a 2 6 0 in the name of Rebbi Aha:

Thanksgiving and praise to Your name, Yours is greatness, Yours is strength, Yours is glory! May it please You, o Eternal, our God and God of our fathers, that You may support us in our fall, straighten us up from our bent state, because You support the falling and straighten up the bent ones, You are full of mercy and nothing exists except You; praised are You, o Eternal, God of thanksgiving. Bar Qappara 2 6 1 said: For You we fall down, for You we bend down, for You we prostrate ourselves, for You we kneel, to You every knee should fall down and every tongue swears. (IChr. 29:11-13): Yours, o Eternal, is greatness, strength, glory, victory, and majesty, truly all that is in heaven and on earth; Yours, o Eternal, is the kingdom, and You lift Yourself over all as head. Riches and honor are before You, You rule over all; in Your hand is power and strength, it is in Your hand to make great and strengthen everything. And now, our God, we thank You and praise Your glorious name; with all our heart and soul we prostrate ourselves before You. (Ps. 35:10) My entire self shall say: O Eternal, who is like You, Who saves the destitute from one who is stronger than he is, the destitute and poor from the one who robs him. Praised are You, o Eternal, God of thanksgiving. Rebbi Yudan said: the rabbis used to say all of these 2 6 2 . But some say, either one or the other. 253

An Amora of the first gcner-

ation in Israel who occasionally is

quoted as a Tanna.

His opinion is the

only one given here, to the effect that

HALAKHAH 8 one has to bow down at modim.

135

The

and Amorai'm) and a s l i g h t l y l o n g e r

Babli (Berakhot 34b) quotes that Rava,

one by Rav Aha bar Jacob (a student of

Rav Nahman and Rav Sheshet actually

Rav Huna, the student of Rav). Most of

fell down on their knees f o r

modim;

these texts are so short that they do not

the T a l m u d q u o t e s a baraita

which

lead to the congregation whispering for

explicitly forbids falling down on one's

any length of time.

knees. Louis Ginzberg assumes that in

256

Israel, f a l l i n g on o n e ' s k n e e s

student of R. Yehudah ben Batyra.

was

A Tanna of the last generation,

always strictly f o r b i d d e n since t h e i r

257

synagogues w e r e built of stone with

the title of "Rebbi", from the last times

stone floors and falling on one's knees

of the Second Temple.

on a stone floor outside the Temple is

258

forbidden.

Yeshivah.

In B a b y l o n i a ,

where

One of the first Tannai'm with

The collective of scholars in the

synagogues w e r e brick with hardened

259

dirt floors, falling on one's knees was

his training in the Babylonian academy

permitted.

of Rav.

254

260

Qeroba is the cantor, the n'Vw

nia'x, w h o p r e s e n t s his own p o e t i c offering

of t h e p r a y e r , t h e

An Israeli Amora who received

A student of Rebbi Aha, Israeli

Amora of the fourth generation.

The

qerovut,

name of his f a t h e r c a n n o t be d e t e r -

m a n p or f a n p , to the congregation for

mined with certainty; the form given

the repetition of the Amidah,

here is from the Rome manuscript.

by L. G i n z b e r g .

as noted

nao h e r e seems to

m e a n "to b e a t t e n t i v e " , as in exclamation b e f o r e t h e qiddush

the

In

the Venice print it appears as Mina, at o t h e r p l a c e s in t h e Y e r u s h a l m i

it

nao

appears as Ina, Idi, Bina, Yonah, Yanna,

It seems that Rebbi Zeïra timed his

G a l i l e a n Amorai'm s a w t h e R o m a n

thanksgiving, one of the longer texts

e m p i r e b e c o m e C h r i s t i a n and lived

given

through the first persecutions

"please pay attention".

h e r e , so he c o u l d

Yannai.

end

his

T h e f o u r t h g e n e r a t i o n of

that

benediction in unison with the cantor.

finally forced the following generation

255

" C o m i n g up" m e a n s

to abandon the work on the Jerusalem

aliyah

f r o m Babylonia to Israel.

making The

Talmud.

Babli (Sota 40a) also reports very short

261

texts by Rav, Samuel, Rebbi Simai (also

also m a d e his own c o m p i l a t i o n of

of the g e n e r a t i o n b e t w e e n Tannai'm

Mishnayot.

A contemporary of Rebbi who

His f u l l n a m e w a s R.

136

CHAPTER ONE

Eleazar, son of R. Eleazar the Qappar.

in all Yerushalmi versions this is a

Since his name is identical to that of

formal benediction.)

his father it is clear that he was a

262

posthumous child; cf. E. and H. Gug-

Sota 40a. It appears from here that

genheimer, Jewish Family Names and

Rav Papa (fifth generation in Baby-

Their Origins,

Etymolo-

lonia) had good precedent for his

Fami-

ruling f r o m Rebbi Yudan ( f o u r t h

liennamen, München 1996, both p. xviii.

generation in Israel). The method of

Ktav 1992,

gisches Lexikon der jüdischen

Statement of Rav Papa in Babli

While the previous texts were

Rebbi Y u d a n / R a v P a p a is more

quoted in historical order, the text of

adequate to a collection of short

Bar Qappara should have been the

statements as given in the Babli than to

first. The reason may be his extensive

the very long pieces quoted here in the

use of Biblical verses that were a

Yerushalmi.

matter of controversy, see below (and

V1ÎJ3 "P2V? N>T TIN!??1) TV)?*)? >3") "MON .WTO *ÌJ1Ì> N W | Ν>Ψ Ϊ3>:Η >333 N P > ? N I -»3 " ) i m •pay

.qioD >>?

•>·>

JVP07 N3

. n p i w Π3ΠΝ rp-ia

nnpNri

ba N ^

navnn

N n _ 3 r £ -»ON N S - U i j i r r .>niû b y p ^ ) ) op·) b i o o y > η ί ρ r m n m i

>3"! DON .CPFLLFL? IPIT >'> NOVO IIN)?N ION *V3N BÍOOYJ .TD NIN I!?N I H N >31 Ι Ώ Ν ,ΝΙΠ πη>3 η^Ψ

m Dlip

Ν£Ν Ν-ΑΠΥΑ NB >ΟΝ

. Ν ΐ η π η ο >οψ υ ρ η Ν^Ν α > τ ρ ΓΡ> ,ΤΠΝ? ΝΙΠ ηη>3 ,ΝΙΠ ηη>3 "»as o w n η^ι

W e have stated: Only that one should not bow down too m u c h 2 6 3 . Rebbi Jeremiah said: On condition that one should not behave like that large lizard 264 , but (Ρ s. 35:10) "All my bones should say, o Eternal, w h o is like You?" The word of Hanan bar A b b a 2 6 5 disagrees since Hanan bar Abba said to the colleagues: I shall tell you one of the good things that I saw Rav do and, when I told it before Samuel, he got up and kissed m e on my mouth.

At "praised are You", he b o w s down.

When he c o m e s to

122

HALAKHAH 8

mention Hashem, he straightens up. Samuel said: I shall give the reason (Ps. 35:10): "The Eternal straightens the bent ones." Rebbi A m m i 2 6 6 said: It is not reasonable, but (Mai. 2:5): "Before My Name he is low." 267 Rebbi Abun said: If it were written "at My Name he is low" then you would be right, but it is written "before My Name he is low", before he mentions Hashem he is low. 263

A f t e r t h e digression about the

text of t h e p r i v a t e p r a y e r modim,

during

the discussion now returns to

should bow down enough so t h a t all bones of one's s p i n e a r e m o v e d in God's praise.

t h e s t a t e m e n t t h a t one has to b o w

265

twice at the beginning and the end of

Babli as Rav Hanan bar Rava, son-in-

the

law of Rav and father-in-law of Rav

Amidah.

264

Arabic lirin ,]rnn "large lizard".

Tosafot Berakhot

Hisda.

Hanan bar Abba a p p e a r s in the

He disagrees with those w h o

12b in t h e V e n i c e

bow down at modim and remain bowed

print q u o t e this Yerushalmi as XJivn

to the end of their private supplication,

and declares it to be the Yerushalmi

even though he f o r m u l a t e s his s t a t e -

translation of a* (Lev. 11:29).

ment in terms of the first benediction

In t h e

Wilna T a l m u d Babli, t h e word was

of Shemone

changed to x a i n n following our text.

ends with "Praised a r e You,

In t h e Targum Jonathan), Kii-nn.

Yerushalmi

Esreh

w h i c h s t a r t s and Hashem",

(Pseudo-

but his statement is a p p l i c a b l e to all

t h e t r a n s l a t i o n of ax is

other situations, that one never should

It s e e m s t h a t t h e

Targum

be bowed when mentioning the Name.

Yerushalmi takes Hebrew a* as parallel

266

to Arabic a i "lizard" (of all sizes), not

Abun t h e f i r s t ( R a v i n ) w e r e

as "turtle" as in l a t e B i b l i c a l

temporaries, R. Abun h e r e is the first,

and

modern Hebrew.

Since Rebbi Ammi and R e b b i con-

not his posthumous son of t h e same

Rebbi Jeremiah means that, w h i l e

name.

Rebbi

Ammi

a l s o is

the

one should not bow down too much, on

contemporary of R. Hiyya bar A b b a

the other hand one should not behave

mentioned in the next section and, as

like a lizard which keeps its body quiet

successor of R. Yohanan as head of the

and moves only t h e h e a d when it is

Yeshivah of Tiberias, he is the higher

catching flies.

authority.

He r e q u i r e s that one

CHAPTER ONE

138 267

The verse in Maleachi refers to

root nnn "to tremble" but the Amorai'm

Levi, son of Jacob, or Aharon, the High

take it as derived from (Aramaic) nm

Priest. Most commentators of Psalms,

"to descend".

including Rashi, derive nm from the

> N 7 0 i r i i > η η ψ ψ - r n y a n w y o N3>3n n a N o n >a-> o w a i n a n a -»a N » n > a i n>> - i ç n

.-i>ai»5 n i n i j n v >an i o n >)3N >3-» ,-iyi

>ai

.'an

" v a p o n>n

iO

Rebbi Samuel bar N a t h a n 2 6 8 in the n a m e of Rebbi H a m a bar Hanina: It happened that one bowed down t o o much and Rebbi r e m o v e d him. Rebbi A m m i said, Rebbi Y o h a n a n did r e m o v e .

Rebbi H i y y a bar Abba

said, he did not r e m o v e but scold. 268

A student of R. Hama bar

be allowed to bow down too much,

Hanina, the son of R. Hanina ben Hama

only that he cannot be removed.

of the generation of Rebbi.

is the interpretation ol Maimonides

Since

9:4, see

Rebbi Yohanan did know Rebbi Samuel

(Hilkhot

Tefillah

bar Nathan in his old age, it follows

Mishneh on that text).

This

Kesef

that the two stories are complementary,

It is difficult to decide the opinion

not that there is a d i f f e r e n c e of

of the Yerushalmi about whether in

opinion on who removed the cantor

practice one removes or simply scolds

because of his excessive bowing. It is

such a cantor since Rebbi Ammi is in

clear that we are talking about a

general the higher authority but Rebbi

cantor because only he can be removed

Hiyya bar Abba is quoted in the last,

from office by the Rabbi.

preferred, position.

This does

not imply that any congregant would

m v n on") : p * m i n a "ρηιήΑ n t o - r a r r ì o

i r a v n j p i a y J i t o n a tin*

. r p - a a i n a "propia ν « n ^ s ^ ì ν η ψ n n p "pi? r m v a n ^ r o i o p r o - n These are the benedictions one begins with "Praised".

All benedictions

one begins with "Praised", but a benediction following another one, e. g., the recitation of Shema'

and Amidah,

one does not begin with "Praised". 2 6 9

139

HALAKHAH 8 269

form otherwise is taken f o r g r a n t e d .

This s t a t e m e n t e x i s t s in t w o

additional versions.

In t h e

Babli

(Berakhot

reads:

T h e main d i f f e r e n c e b e t w e e n

the

All

Babli/Tosephta and t h e Yerushalmi is

benedictions one begins with "Praised"

that the last benediction for the Shema',

except f o r b e n e d i c t i o n s o v e r f r u i t s ,

the one recited

obligations, benedictions f o l l o w i n g

considered by the Yerushalmi to be the

another one and the last benediction of

continuation of the second benediction

t h e r e c i t a t i o n of Shema'.

b e f o r e Shema'

46a)

it

In t h e

a f t e r Shema',

is

but f o r t h e B a b l i it

Tosephta (Berakhot 1:9) it reads: All

needs

benedictions one begins with "Praised"

consequence is that for the Yerushalmi

except for benedictions

following

all prayer benedictions s e p a r a t e d by

another one and the last benediction of

Scriptural readings f r o m a p r e c e d i n g

the recitation of Shema'.

benediction are considered consecutive

mention.

The

(the b e n e d i c t i o n s a f t e r t h e m o r n i n g

The versions of the T o s e p h t a and t h e Babli a r e e s s e n t i a l l y

special

Psalms and Hallel)

identical,

whereas for the

except that the Babli for completeness

Babli each one needs special treatment.

includes the short benedictions of one

The first objection to the rule given in

sentence

the next

mitzwah

for the execution

of

a

. n a i o nrp_ n p v

·)3ην

t m

,Ν>η

>pip n o v

is

therefore

impossible for the Babli.

and f o r e a t i n g f o o d , w h o s e

ny>?!{» O N

paragraph

rfriN? n m

>5

n>n-p r n

n>nn

3>rin , n s > n p p n n > a a

n n * · ) Nin!? η η κ n a n o>rrç> R e b b i J e r e m i a h o b j e c t e d : But t h e r e is " r e d e m p t i o n " 2 7 0 .

-ION

T h e r e is a

d i f f e r e n c e s i n c e R e b b i Y o h a n a n s a i d 2 7 1 : If h e h e a r d Hallel

in

the

s y n a g o g u e h e has fulfilled his obligation. Rebbi Eleazar, t h e s o n of R e b b i Y o s e , o b j e c t e d b e f o r e R e b b i Y o s e , but t h e r e is its e n d i n g . 2 7 2

H e said t o

him: there are t w o , o n e f o r the f u t u r e and o n e f o r the past. 2 7 3 270

The answer shows that the

Eternal, our God, King oi the Universe,

question is about the benediction at the

Who

end of the recitation of the Haggadah

redeemed our f o r e f a t h e r s f r o m Egypt

has

redeemed

us

and

has

in the Seder night: "Praised are You, o

and let us a t t a i n this n i g h t to e a t

140

CHAPTER ONE

mazzah and bitter herbs. May it please

benedictions before and after); then the

You, o Eternal, our God and God of our

people could go home and just recite

fathers, to let us attain in peace more

the benediction for redemption, drink

festive seasons and holidays, when we

four cups and go to bed.

shall rejoice in the rebuilding of Your

there seems to imply that the required

city and enjoy Your service. There we

recital of the Exodus likewise was read

shall eat from the family offerings and

to them in t h e s y n a g o g u e .

the pesah sacrifice whose blood shall

generally accepted implication of this

reach t h e wall of Your a l t a r f o r

and the following arguments is that any

goodwill.

benediction

Then we shall thank You

which

The text

under

The

some

with a new song for our redemption

circumstances could be rccited by itself

and the liberation of our persons.

has the status of a benediction that is

Praise be to You, o Eternal, Who did

not following another one (Rashba on

save Israel."

Babli Berakhot 36a).

This

benediction

follows

the

272

T h e r e is much

controversy

recitation of the first two Psalms of

about the meaning of this question;

Hallel. It is clear from here, and from

every commentator has another inter-

the parallel in the last Chapter of

pretation. In the author's opinion, this

Yerushalmi Pesahim that in Israel in

is a complete parallel to the identical

Talmudic times one p r e c e d e d the

question asked later for Qiddush and

recitation of Hallel by a benediction

refers simply to the concluding state-

(the d e t a i l s a r e discussed in t h e

ment "Praise be to You, o Eternal, Who

pp.

did save Israel." Since this follows the

317-318). Hence, by the principle of

entire text, it certainly is a benediction

the Yerushalmi, this benediction should

following another one, so why does it

not start with "Praised".

repeat "Praise be to You, o Eternal"?

271

273

author's The Scholar's Haggadah,

Pesahim 9:1, fol. 37c. In Galilee

A statement of Rava in Babli

there existed congregations which were

Pesahim

illiterate except for the cantor, where

diction for redemption a f t e r Shema'

no one could recite the Hallel or the

and in the Haggadah

entire Haggadah

that in the Amidah prayer is blow''

at home. For these

117b notes that the bene-

is Vx-iur· Vxj but

Hallel

The same formulation, Vm®' Vkj, is

should be recited in the synagogue

found in the Mishnah Pesahim and is

after evening

followed by the Haggadah

people it was instituted that

prayers

(with

its

texts with

141

HALAKHAH 8 the exception of the Yemenite ones.

tradition, strictly based on the Babli,

The unvocalized text of Mishnah and

cannot be expected to disregard a

Talmud is read Vk-jw' Vkj in the past

prescription of that Talmud. Hence, it

tense. Then Rebbi Yose's statement

is possible that Rava did read Vtu

makes sense.

tonto?, a pa'el form of the present [cf. S.

Since the text con-

centrates on the future after a per-

Morag, Vxenj p a i Vkb via, Tarbiz 26

functory mention of the past, the

(1957), 349-356 and the m a t e r i a l

conclusion by a benediction for the

quoted in the author's The

past is a change of theme and, there-

Haggadah, p. 322.] The Yerushalmi

fore, the concluding phrase has to be

here shows that the Israeli reading was

considered a separate benediction.

Vktw·· νκλ -• τ : • - »

[Rebbi Yose belongs to those author-

sonantal) wording in Babli and Yeru-

ities who require that the topic of the

shalmi does not necessarily imply same

final benediction should be repeated

text and same meaning. Since Italian

immediately before the final sentence.

and Northern European Jewry obtained

Scholar's

Hence,* identical (con-

His opinion is superseded here by that

their prayer texts from Israel, probably

of Rebbi Mana later in the discussion

in the Mishnaic period, it is the rule

but is taken up again by Rebbi Aha.]

that

The very conservative Yemenite

lin-) ï n a p

>

?Ί

">3 N I

their

prayer

texts

follow

Yerushalmi sources.

Ί Ο Ι ,N>n

n r ) "P^rin

n>n Ν 3 Ί Ν»Π >3") .Ό13ΓΙ "?)> I^ÍD - ) They objected: There is Havdalah,274

There is a difference since Rebbi

Abba bar Zavda said that Rebbi was dispersing them and collecting them on the cup. The great Rebbi Hiyya was collecting them 2 7 5 . 274

The Havdalah

benediction at

follows the other ones. The answer is

the end of the Sabbath is preceded by

that the benedictions over spices and

benedictions over wine, spices, and

fire are recited in order only for

light. These are all short sentences and

convenience, not out of necessity, and

it is universally agreed that they should

that Rebbi did recite them separately.

start with "praise". The only problem is

Hence, Havdalah is a potentially free-

the Havdalah benediction itself, which

standing benediction, but it follows

142

CHAPTER ONE

always the benediction f o r wine.

The

benedictions on the cup lor his family,

objection based on this is not raised,

not for himself.

but it will be raised for Qiddush

275

and

Being a Babylonian, he n e v e r

the answer given t h e r e also a p p l i e s

g a v e up B a b y l o n i a n p r a c t i c e s e v e n

here. It is explained in Babli

though he spent his life in Galilee.

Pesahim

54a that Rebbi was collecting the other

onpiN

I»!??ÌNI " ρ α ψ ν ο υ ψ ι>π

.Ν>η Ν ^ ψ , : ρ α ) n r j y n ' i i n .173Π T12S Ί ξΠ η Γ]

216

T h e y objected: There is Nevarekh.

There is a d i f f e r e n c e , b e c a u s e if

there w e r e t w o sitting t o g e t h e r and eating they w o u l d n o t s a y

Nevarekh.

T h e r e is "He W h o f e e d s all" 277 ; that is difficult. 276

T h e i n t r o d u c t o r y s e c t i o n of

277

This is t h e c o n c l u d i n g

bene-

Grace after meals, known as ·ρη*τίΐ nana,

diction of the first paragraph of Grace;

"the benediction of preparation".

the question is parallel to that asked

This

introductory p a r a g r a p h is recited only

for the concluding paragraphs

when at least t h r e e people a r e eating

"redemption" and Qiddush.

t o g e t h e r w h o a r e o b l i g e d to r e c i t e

an answer here is provisional; the final

Grace in the same degree of obligation.

answer of t h e A m o r a ï m of t h e last

Hence, G r a c e itself must s t a r t with

Galilean g e n e r a t i o n c o v e r s all t h e s e

"Praised".

cases.

r r m p > ΛΓ)>3 > v n r t U J ^ W ϊ ο ι π η . - ι η κ ι .N>n .Γηιηρ>

2>ρηΓη , ι η η ο η

T h e r e is "He W h o is g o o d and d o e s g o o d " 2 7 8 .

of

The lack of

.i'unni ηίυη

n n

.rpvpnn·) n i o n n ^ p D T h e r e is a d i f f e r e n c e

since Rav H u n a said: W h e n permission w a s r e c e i v e d t o bury t h e slain of Bethar, "He W h o is g o o d and d o e s g o o d " w a s f i x e d , "He W h o is g o o d " b e c a u s e t h e y did n o t rot, "He W h o d o e s g o o d " b e c a u s e p e r m i s s i o n w a s r e c e i v e d to bury t h e m . 278

The fourth section of Grace that

clearly follows t h e t h i r d but n e v e r -

theless s t a r t s with " P r a i s e d " .

The

answer is that the first three sections

142

HALAKHAH 8 The fourth section of Grace that

constitute G r a c e as r e q u i r e d by the

clearly follows the third but never-

Torah, while the fourth starts Rabbinic

theless starts with "Praised".

Grace.

278

The

answer is that the first three sections

oi»n v ^ v

""V3P π π ί ν ή a\¿n> n>n ο κ ψ

3 3 J T b - o o o i o N j n >a-> -»ON .*jroa

. r í a l o ΝΠ)

oriin ύ η ο n r t a ? 10a Oí)ís

,ιόπ

,n\jmp κ η

.laari n a » a i a t n w üa\?p

,νιπ

. t p - α ? ·)ζΐ3 oriin - } ^ n a a i n a n r i i a There is Qiddush279.

ί3>κψ

nao®

There is a difference s i n c e if o n e w a s sitting and

drinking w h e n it still w a s day and the holy day c a m e u p o n him, he d o e s not say "Creator of the fruit of the vine." But there is its final s e n t e n c e ? Rebbi Mana said, the t y p e 2 8 0 of b e n e d i c t i o n s is like that.

Rebbi Yudan

said: A short f o r m starts with "Praised" and does not end w i t h "Praised", a long f o r m starts with "Praised" and ends with "Praised". 279

The main benediction follows

the b e n e d i c t i o n over wine (or over

sentence again starts with "praised." 280

Greek τύπος, "pattern, model,

bread) and, nevertheless, starts with

prescribed form". Rebbi Mana was a

"Praised". The answer is that

student of Rebbi Yudan who uses the

Qiddush

during a meal does not r e q u i r e the

Hebrew vaoo "coin" for "form".

benediction over wine even though

students of Rebbi Mana w e r e t h e

there is an interruption in the meal

collectors of the Yerushalmi in the

since one is forbidden to eat and drink

form it came down to us. Hence, his

a f t e r sundown Friday night b e f o r e

answer is final: All long benedictions

making Qiddush.

The Babli does not

end with "Praise to You, o Eternal, . . ."

take up this question, hence practice

as a matter of principle (going back to

follows this Yerushalmi, Shulhan

the Men of t h e G r e a t

Arukh

The

Assembly).

Orah Hayyim 271, Sec. 4. The Qiddush

Between this sentence and the next, a

starts with " p r a i s e d " and its f i n a l

"since" should be mentally interpolated.

144

CHAPTER ONE

> a - a p n > ? >5*1

. p í o s 713-13 p i p i N ν « l D ^ i ^ n η η κ i r è n a r r ! ? ?

. p í o s no*}}

VN l i p n i n > n *ιπν i o > m n ? » n p i > >3*1 > i o i p

•Tioiv N i n ο κ ψ ìri>nwi>n i n * i n e >3-1 DON li»*

Jinn^i

IH»?

Drim l ì m n u - i y ì y " ν ^ ί η

>>ns V V P N 1

. ^ r i i n r i i n p y ? n i D - i s r r ! » ΝΠΝ . p í o s 713*13 o w n i l

All benedictions after their seals

Jinn^a

281

iniii

; o n e d o e s not say a v e r s e as

benediction. Rebbi Isaac ben Rebbi Eleazar objected before Rebbi Yose: B e c a u s e y o u s a y a f t e r their seals, o n e d o e s n o t s a y a v e r s e as benediction 2 8 2 ? They said, that young man is intelligent because he thinks! What is the meaning of "after their seals"? It is that when he was standing in the morning prayer and forgot and mentioned the text of e v e n i n g prayers but he caught himself and finished with the text of m o r n i n g prayers, then he did his duty 2 8 3 . Rebbi Aha said, all benedictions in the kind of their seals. 2 8 4

But those w h o say (Is. 12:6): "Jubilate and sing,

inhabitant of Zion . . . " do not violate the rule that no benediction is a verse 2 8 5 . This is a continuing discussion

Rebbi Yose's Yeshivah. They do not

of the statement of Rebbi Yudan. The

disagree with the rule which they state,

"seal" of a longer benediction is the last

but they note that the baraita does not

sentence "Praise to You, o Eternal,

deal with it; its correct interpretation is

It is stated that this "seal" is what

by Rebbi Aha.

281

makes the benediction valid and it

About the rule itself, t h e r e is

cannot be a Biblical verse.

disagreement between the Yerushalmi

282

Since the two statements appear

and the parallel Babli, Berakhot 12a,

together in one baratta, there should be

where it is stated: "If in the morning

a logical connection between them but

one started with 'Creator of light' and

there seems to be none.

ended with 'Making evenings dark', he

283

did not do his duty. If in the evening

"They" are the members of

HALAKHAH 8

141

he starts with 'He Who makes evenings

Aha insists that only the "seal" counts

dark' and ends with 'Creator of light',

and, t h e r e f o r e , the text preceding the

he did not d o his duty.

"seal" is unimportant; the text of t h e

But if h e

s t a r t e d w i t h ' C r e a t o r of l i g h t ' a n d

"seal" cannot be a verse.

R. Shelomo

ended with 'Making evenings dark', he

C i r i l l o a n d R. M o s h e

did his duty. T h e principle is: Every-

explain, on the contrary, that the "seal"

thing is determined by the seal."

The

must fit the text of the bénédiction just

Babli asserts that if in evening prayers

preceding and that this text cannot be a

ben

Habib

one started out wrongly with the text

verse. In the Babli (Pesahim 104a) this

a p p r o p r i a t e f o r morning prayers then

p r i n c i p l e is s p e l l e d o u t o n l y

e v e r y t h i n g is O.K. if only t h e f i n a l

Havdalah

doxology is c o r r e c t .

treatment

But t h e Yeru-

for

[and in t h e Yerushalmi the given

for

Havdalah,

shalmi speaks of one "who is standing

(Berakhot

5:2, fol. 9 b ) s u p p o r t s R.

in morning prayers and forgot", i. e.,

Eleazar

that he started out c o r r e c t l y , f o r g o t

authorities extend the principle of the

Askari.]

Most

Medieval

himself in the middle, and remembered

Babli to all longer benedictions.

in time to close with the correct text.

285

The principles of p r a y e r texts w e r e

has published a Yerushalmi prayer text

i n s t i t u t e d by t h e Men of t h e G r e a t

from the Cairo Genizah which uses this

Assembly.

the

verse in the third benediction of t h e

c o n t e n t s of t h e p r a y e r s but not, in

'Amidah, own rump. From what is l e f t

general, their texts. (For the

of t h e o r i g i n a l G a l i l e a n minhag

They determined

Amidah,

Ezra Fleischer (Tarbiz 41, p. 450)

it

the Mishnah even reports that R e b b i

seems clear that the standard text of

Eliezer says that one who repeats the

longer benedictions always ended with

same text for more than 30 days cannot

a Biblical v e r s e just p r e c e d i n g t h e

really be an honest supplicant).

"seal".

The

question is whether, in addition to the contents,

the

M e n of

the

Great

For e x a m p l e , in G r a c e , t h e

verses were Ps. 145:16, Deut. 8:10, Ps. 147:2.

In t h e m o r n i n g p r a y e r s , t h e

Assembly only determined the "seals"

verses have survived

( f o l l o w i n g t h e B a b l i ) or a l s o

benediction for Shema' in all

the

in t h e

first

minhagim

introductory sentences (following the

and for the benediction after Shema' in

Yerushalmi).

most of them. The text states that the

284

T h e language is d i f f i c u l t .

R.

E l e a z a r A s k a r i e x p l a i n s that Rebbi

only a c c e p t a b l e p l a c e l o r a Biblical verse is before

the "seal".

Even t h e

146

CHAPTER ONE

Mishnah prescribes benedictions whose

what is prohibited here is using a verse

text is a Biblical verse (Taäniot 2:2);

in the final doxology.

in 1 ? "»ON .rvö^

>*)Γ) n n î v l a Ì 2 π ψ - π ψ "TV ^IP?

te

o?*!*» On*)?

on*»?

»

rove

-»οντιΨ CJjpNS D V

, τ η π o ^ i y n : p » n >io> o n p i N o ^ r n

. n i ^ n q>»n

ì?ì> ,o>>?»n

. r v w ö o jiio>> N > i n > q « n

w

M i s h n a h 9: O n e must m e n t i o n the Exodus in the night. Rebbi E l e a z a r b e n A z a r i a h 2 8 6 said to t h e m 2 8 7 : H e r e I a m about 7 0 years old and I c o u l d not succed in p r o v i n g that the Exodus must b e m e n t i o n e d e v e r y n i g h t 2 8 8 until Ben Z o m a 2 8 9 d e r i v e d it f r o m t h e v e r s e ( D e u t . 16:3): ". . . that y o u should r e m e m b e r the day of y o u r l e a v i n g E g y p t t h e e n t i r e d a y s of y o u r life." T h e days of y o u r life - the days. The entire d a y s of y o u r l i f e - t h e nights.

But the Sages say, t h e d a y s of y o u r l i f e - this world; T h e e n t i r e

days of y o u r life - this includes the times of the Messiah.

286

A descendant of Ezra in the

Bne Beraq reported in the

Haggadah.

tenth generation who was a p p o i n t e d

As R. Saul Lieberman points out, the

vice president of the Synhedrion at age

Y e r u s h a l m i t a k e s R. E l e a z a r

ben

18 ( a c c o r d i n g t o t h e B a b l i ) or 13

Azariah at his word that he made his

(Yerushalmi).

statement w h e n he was close to 70

287

Neither the Mishnah in the Babli

years old and it is quite impossible that

nor manuscripts of the Mishnah have

R. Eliezer should still have been alive

"to t h e m " ; in t h e

the

at least 50 years after the deposition of

Yerushalmi text is preserved only in

Rabban Gamliel and the elevation of

t h e t e x t of

the

Rebbi Eleazar ben Azariah. The most

Nevertheless, the

likely interpretation is that the Israeli

Haggadah

Maimonides and

Yemenite Haggadot.

phrase cannot refer to the discussion at

Haggadah,

but not the Mishnah, read

147

HALAKHAH 9 "to them" and that the copyist of the

as an institution of the Men of the

Yerushalmi followed his memory from

Great Assembly. T h e only question is

the Haggadah

whether the benediction was instituted

instead of the

text

before him. For a similar occurrence

as a R a b b i n i c

in the Septuagint, s e e The

formulated in fulfillment of a Biblical

Haggadah, 288

Scholar's

p. 257-258.

ordinance

or

was

commandment.

Everybody agrees that the third

benediction of the Shema'

and t h e

289

A mystic of the first generation

of Tannaïm who died young.

mention of the Exodus are obligatory

Γ π ρ κ ν "τ Γ)

,ο>ρ> π η ν ?

© 3 ? 5 ψ >9

ηκ

ν

nsïft

Halakha 9: Even though he entered high office he lived long. This means that high office shortens one's life.

jon-y "inri ο?"!*» unnpì o n s p p

. i n i ì !?>ηιρπ o n i "»?N»Ì ΐ ^ η η ? Ν!? 290

ι^π

N D m i j a n b u N i » > 3 ρ η > ) τ ι η .-»pia ύ > Ν Ί

ΐ ΐ ΐ ΐ κ ΐ ΐ ί η ψ ft « n a i f o H i n a * i o y n π ι ι γ ρ a n

ι η ύ ύ > Ν ι ^ Ν η i n r i i l i a n ïy N Î > > ? N r i o r i n

•OV3 t Ù y >ni3 Í3>N "l)pN»ì There 2 9 1 they say one should not start wayyomer292

N3

nnin> on^y

n>io

θί»1 Ν ^ but if one did start

he has to finish. The rabbis here 2 9 3 say one starts but does not finish. The Mishnah disagrees with the rabbis here 294 : "One must mention the Exodus in the night." Rebbi Abba, Rav Yehudah in the name of Rav: We thank You that You took us out of Egypt and redeemed us from the house of slavery to give thanks to Your Name. 2 9 5 rabbis there: Wayyomer of wayyomer

A baraita

disagrees with the

is used only during daytime. The entire section

is used only during daytime 296 .

148 290

CHAPTER ONE «am is the reading of the Rome

section and the next, "here" and "there"

manuscript and also the reading of the

should be switched since the first

prints in the next paragraph. The word

question is against those who say that

Dnni of the printed editions and the

one does not have to recite the third

Leyden ms. is impossible; it is the

section at all, against the Babylonian

Babylonian Aramaic equivalent of

practice, and the bardita

Galilean jon

section seems to imply that one does

291

not mention the third section at all,

"There"always means Babylonia;

"here" is the Land of Israel.

against Israeli practice.

292

295

The third section of the Shema',

in the next

This is the proposed text of the

Num. 15:37-41. This is the only part of

evening benediction after the recitation

Shema' that mentions the Exodus. The

of Shema'.

statement of "there" is reported in the

objection raised in the first sentence.

Babli by Rav Cahana in the name of

The obligation of mentioning the

Rav (Berakhot 14b).

Exodus does not refer to the recitation

293

The Israeli practice is reported

of the third section of Shema' but to

in the Babli (loc. cit.) as reciting only

the benediction after the Shema' and,

the first and last sentences of the

therefore, would be fulfilled even if

section; our text also requires one to

the third section were to be omitted

start, i.e., to recite the first verse, and

completely.

to mention the Exodus, the last words

longer.

of the last verse.

296

294

first and last verses.

Both R. David Oppenheim and

It is the answer to the

The text in the Babli is

But in the night one recites only

R. Moshe ben Habib note that in this

Ή Ρ Ν içïPf w y

h ï ) i n p i J · ) ν>>ηη>? ή η ' η η ·)Ώγι> γ ρ γ ο ν π ν - α κ ι >?-)

.-»nia iJ'M - ) ^ η η η p n m i o n ? I M I Ì .-»nia ^ η ι ρ π ONÌ

!?>nji> Hi

Rebbi Abba bar Aha 2 9 7 descended there and saw them start and finish; he had not heard that there they say one does not have to start but if he started he has to finish. The rabbis here 2 9 8 say one starts and does not finish.

149

HALAKHAH 9 297

An early Israeli Amora who

298

This sentence is s u p e r f l u o u s

went to study in Babylonia, probably in

here, it is inserted only in parallel to

the Yeshivah of Rav. Hence, he did not

the previous section. This is frequent

know of the rule established by Rav

in the Yerushalmi and not a sign of

before he arrived at the Yeshivah.

dittography.

ÌN l O m 1 3 3 1 ? "PI}) ΜΓΟ î l l l f f ΠίΓ) *ΡΠ ι ο > ) Κ >1")1 Ν ? ™ ? .οπϊττ ι ^ ?

n o i ' > 5 1 . i o n i l ^ l ? DON

^ Ρ

>?ι

cmm

IMI?

N i n i ι>ι>οη& ι « > ι " v o n « n - v v ï > 1 1 1 n o i > >517 N i a n p n n j > j d >51 i o n •linniD v n i TÎV T h e y a s k e d b e f o r e Rebbi A h i y y a b e n R e b b i Zeïra:

H o w did y o u r

father d o in practice, like the teachers here or the teachers there 2 9 9 .

Rebbi

Hizqiah said, like the teachers here. Rebbi Y o s e 3 0 0 said, like the t e a c h e r s there.

Rebbi H a n i n a said, it is r e a s o n a b l e like R. Y o s e , s i n c e R. Z e i r a

always c h o s e the harder w a y 3 0 1 and they chose the harder w a y , s o he did what he was used to, like them. 299

Since R e b b i Z e ï r a was a

who in turn were students of Rebbi

Babylonian immigrant to Galilee. Note

Zeïra. The answer of Rebbi Zei'ra's son

that

has not been recorded.

they

speak

to

his

son

in

Babylonian Aramaic.

301

300

Babylonian rules, cf. later

Both Rebbis Hizqiah and Yose

are from the fourth

generation,

He tended to follow the stricter Halakhah

8:7, fol. 12c.

students of Rebbis Jeremiah and Haï

>?1

.a>s>i Ji)?N3 o n s n γιν>3>

OÍ J i ü > 1 í ?

rjns

p i * οηρίΝ onnN

-J>1^1 1^13 JII* i > ? ? n > r p i * ">!?ÍN

y ç y η κ N i i p n >μί

, j v d > £ n a n > ^ n > - p i * -»OÍN

1? v w i r t ? > ? i

. o n l : » ? r o ç i *)it?

ÌÌ7NÌ11 ^ Ν 1 ψ > 113 Ijoi!? W e have stated302:

"He w h o r e c i t e s Shema'

m e n t i o n the E x o d u s in Emet

veyaziv.

in t h e m o r n i n g m u s t

Rebbi says, he must

mention

150

CHAPTER ONE

[God's] kingdom. Others say, he has to mention the splitting of the Reed Sea and the slaying of the firstborn." Rebbi Joshua ben Levi says, he has to mention all these and has to say "Rock of Israel and its Redeemer". 303 302

This section is composed of a

conclusion of the b e n e d i c t i o n of

Tosephta (Berakhot 2:1) containing the

redemption, in contrast to the Baby-

statements of the anonymous first

lonian "He Who redeemed Israel"

Tanna, Rebbi, and "Others" (usually:

(Babli Pesahim 117b). This formula

Rebbi Mei'r), and then the comment by

has survived in the poetic forms of

the Amora R. Joshua ben Levi.

In

Ashkenazic evening prayers for the

practice, the ruling of R. Joshua ben

holidays, while in ordinary prayers the

Levi applies to both morning and

form prescribed by the authoritative

evening prayers.

Babylonian Talmud has prevailed.

303

The formula was the Israeli

VTttjo νηί-ήιη

rnin -ps^i

>a-i ο γ ) ? p o > p r a n

η>ρψ> - m y a n o o a o o?ia j m * ) N o o ^ lïi»i o y \ ? n o

t O y \ h >qi<3 r i ñ a o n H^H

- i p i N >t>

r a n n&N

o n >3-1 o v a ν π ν .ìniN "inno*? - r n

Na

.iriiN snSxv

ο ^ ψ ν ν roías "vap o > ^ m > D r o p -ION

Rebbi Simon in the name of Rebbi Joshua ben Levi says: If s o m e o n e did not mention Torah in the benediction on the Land 3 0 4 one tells him to repeat.

What is the reason?

( Ρ s. 105:44) "He gave them the lands of

peoples"; why? "That they should k e e p His d e c r e e s and p r e s e r v e His teachings." Rebbi Abba ben Rebbi Aha in the name of Rebbi: If o n e did not mention the covenant in the benediction on the Land or the kingdom of David's dynasty in "Builder of Jerusalem" 305 , one tells him to repeat. Rebbi Hai said: if he said "He Who consoles Jerusalem" 306 , he did his duty. 304

Since the Talmud started dis-

personal texts, they continue with a

cussing required topics of otherwise

discussion of the relevant parts of

HALAKHAH 9

151

Grace. The benediction of the Land is

Halaphta) but without t h e verse t h a t

the second b e n e d i c t i o n , and that on

gives the reason. The Yerushalmi gives

Jerusalem the third. The parallel in the

a statement of Amoraïm, not to claim

Babli (Berakhot 48b) is a Tannaitic text

that

in d i f f e r e n t order. The Amorai'c text

introduced by Amoraïm (that is quite

of

strict

obvious f r o m the mention of Rebbi),

chronological order: R. Joshua ben Levi

but in order to point out the Scriptural

of the very early second generation, R.

basis and to fix the exact place w h e r e

Abba bar Aha of the second, and Rebbi

Torah has to be mentioned in Grace.

Haï of t h e t h i r d g e n e r a t i o n s .

305

the

Yerushalmi

is

in

The

the

required

topics

were

The old doxology of the t h i r d

second statement of R. Abba bar Aha is

benediction was: "Praised be You, o

attributed by the printed editions and

Eternal, Builder of Jerusalem."

most Medieval authors of the Babli to

final adoption of the text "He Who in

Rebbi Eliezer but in the Munich ms. to

His mercy builds Jerusalem" is on the

Rebbi, as in the Yerushalmi.

a u t h o r i t y of Shulhan

The first

statement is attributed to an otherwise

Scholar's Haggadah,

unknown Tanna Nahum the elder. The

306

s t a t e m e n t of R. Joshua ben Levi is

sentence.

attributed

to

Rebbi

n w v ? "VPN >i> > - n γργπ

.n^vîi

Yose

In t h e text, not in t h e f i n a l

(ben

.rwii?

C H I N on*UN> i o i p n I O N »095?

n^VT2tn n p ? ?

Ο Ί 3 Ν Nirrç; i v y

cf. The

p. 357-358.

n . D c n n N q p v ) n * -riy í o ¡ ? > (foi. 4a)

. D ' u n iniN

Arukh,

The

nj

.nwyri n V )

n r j η η ' Γ ΐ π . n w y a n r ? D n * U N qnrçj

-en?*?

-ιψΝ o > n ^ n

* ion

rmN

.in τm : n~ nτ Bar Q a p p a r a 3 0 7 said: positive c o m m a n d m e n t . commandment.

(Gen.

H e w h o calls A b r a h a m A b r a m t r a n s g r e s s e s a R e b b i L e v i said, a p o s i t i v e and a n e g a t i v e

17:4) "Your n a m e shall not in t h e f u t u r e b e called

Abram", that is t h e n e g a t i v e c o m m a n d m e n t , "But y o u r n a m e s h a l l b e Abraham", that is t h e p o s i t i v e c o m m a n d m e n t .

T h e y o b j e c t e d : But t h e

M e n o f t h e G r e a t A s s e m b l y c a l l e d h i m A b r a m , (Neh.

9:7) "You a r e , o

152

CHAPTER ONE

Eternal, the God Who selected Abram". There is a difference, while he was still Abram You selected him.

307

Bar Qappara belongs to the

generation

of t r a n s f e r

reads »nop na w n "Bar

Qappara

between

preached", an Amoraïc statement. (It

In the

also seems that Rebbi Eliezer, who

Yerushalmi his words are presented as

completes the statement of Bar Qap-

those of an Amora.

para in the Babli in parallel to Rebbi

Tannaïm and A m o r a ï m .

The place was

chosen here because we discussed

Levi in the Yerushalmi, is "Rebbi

required language for benedictions

Eleazar, the son of Bar Qappara's

(Shema' and Grace); now we turn to

sister".) The people who object are

required language in general speech.

determined in the Babli to be Rebbi

In the Babli, the parallel (13a) appears

Yose bar Abin or Rebbi Yose bar

also at the end of the first Chapter,

Zabida, of the later generation of

somewhat disconnected.

One may

Galilean Amoraïm. The statements of

assume that it is mentioned in parallel

Bar Qappara and Rebbi Levi/Rebbi

to the Yerushalmi.

Eleazar are not mentioned in any of the

In the printed editions of the Babli,

Medieval codes, Halakhot

Gedolot,

the text is: "Bar Qappara stated", a

Alfasi, Mishneh Torah\ their authors

Tannaitic statement. However, in the

took also the text in the Babli as

Munich ms. and the Pisqe RYD the text

Amoraïc sermon.

ν - ό ρ η dìtoi")

rno?? w n ιρν?

.nwyi - a i y η ψ Γηψ> ί α ί ρ η π η ρ τ - )

I W i o n to i c ó n ? ->vy) ,nwi>3 "OÏV i p V ?

Similarly, does he w h o calls Sarah Sarai transgress a commandment? He 3 0 8 was commanded regarding her. Similarly, does he w h o calls Israel Jacob transgress a commandment?

The second name was given him in

addition, the first was not taken away from him 3 0 9 .

308

Abraham alone was commanded

Your wife Sarai, do not call her name

not to call Sarah Sarai as it is written

Sarai but Sarah is her name."

The

(Gen. 17:15): "God said to Abraham:

commandment to call Sarai Sarah was

152

HALAKHAH 9 directed to Abraham alone.

him Jacob even a f t e r he received his

309

new name of Israel.

Since the Torah continues to call

. m r i y n ι Ο p n ? > i y ί η ψ ι apy> ^ ψ ίηνμι o r r u N ty ί η ψ nariv^D p n s ? i N i p Nìn r j m v m p n p n y

.yaya i n w

pns>

.ρη*? Ι η ψ rus n í o p · )

.in i!?>nì ν τ > ύ n t y *ry w i p ? i

r p r p i tJNvnv1

n ^

iniiyi í ^ n

ρη>η ί η ψ UN riN-jpi pn*> , η η ^ γ ή in»yiN>

,ίοψ ι η ^ Ν * i n

ι ^ ύ ία n a n ιη»\ί>ίό

ϊη^Φ)

iwyipy? ί ο ψ Jiçt ι ι ν ί ρ )

OÇn» Why were the names of Abraham and Jacob changed but Isaac's name was not changed? The former were given their names by their fathers; but Isaac was called Isaac by the Holy One, Praise to His Name, as it is said (Gen. 17:19) "You shall call his name Isaac". Four were given names before they were born, and they are Isaac, Ismael, Josiah, and Solomon. Isaac, (Gen. 17:19) "You shall call his name Isaac".

Ismael as it is written (Gen. 16:11): "You shall call his n a m e

Ismael". Josiah, (1 Kings 13:2): "Behold, a son will be born to the dynasty of David; his name will be Josiah". Solomon, (IChr. 22:9) "Solomon will be his name" 3 1 0 .

All this for the just. But the wicked (Ps. 58:4) "The

wicked are perverted from the womb." 310

W h i l e in 2Sam.

12:24-25 it

from Chronicles that the name Solomon

seems that David gave the name

was

not

David's

invention

Solomon to his son and Nathan called

prophetically pre-ordained.

but

him Yedidiah after his birth; it is clear

Nia!?

o n i y o j i í o s p "V^n!?

>?? t i n n!?yn

* >n *riy

n>3 y i ! riis N>an I ^ N Ì n ^ y n

m vi'^V h^ * o i n í o > n 3 o>»> *

ON

i? oy\? n o i

o n * » > q N o i>N"iy>>

154

CHAPTER ONE

loin

NbN o n i o ?

"TÍV qjpv*

ιρν'Ψ

DOW Ν1Π p i

η ο ί η apy>

apy?

jiiîiwNi n a t i i

^ ^ f t

n}>ao

ij7>y ni»?>o

HÏ

1 1 1 3 l ^ n p n>m>

iwiaîin

DWV>?

.îwnty? by

ïii»3i»7p"j D ^ n ^ r i

n ç v t n a i n nj?> ^ ψ η

>*)ΝΓΙ ία v?3 ïï? ΊΠΝ"!

.niolpo

η ® inqty? ON >? apy ; ?

n o w ν ι π p i . b a o apy>·) "»p'V

f i v i D n ^ i y >3?n .JIλ?>®D

."pas >ρΝ» Í7ÍO\¡>>

tàw

b y tt n n ^ n n n y

^>ΠΤΐη .13ÇO ÌH)) 2H\ ία y j û l

ία Via Ti? ->ηΝΊ . η κ η n w y n -iaç>p b>nnn a w n nwya ηοψ .ή»»? η>η η? .Wnîn n w y ç n a o p b v ^ r n oîyoyj n w y ß

.wis» by»?) w n j

, η ί ί ί ν ί ο η UN Jiirpv>? η ύ ί ι ρ Ν Π n r r ç n b i o y ? Ben Zoma said: There will be a future time when Israel will no longer mention the Exodus. What is the reason? (Jer. 23:7-8) "Therefore, days will come, says the Eternal, that one no longer will say, by the Eternal Who brought the Children of Israel up from Egypt, but rather, by the Eternal Who raised and brought the descendants of the House of Israel from the Northern land . . . " They said to him, not that the Exodus will be eliminated but the Exodus will be additional to the Kingdoms 3 1 1 .

The

Kingdoms will be principal and the Exodus additional. And similarly it was said (Gen. 35:10): :Your name shall not be called Jacob anymore, but Israel shall be your name." Not that the name Jacob will be taken away but Jacob will be additional to Israel. Israel will be principal and Jacob additional.

And so it says (Is. 43:18-19): "Do not r e m e m b e r the first

things"; this means the Egyptians, "And what was earlier do not dwell on"; this means the Kingdoms, "Behold, I create something new, now it will grow"; this refers to Gog.

They gave a simile: to what can this be

compared? To someone who encountered a wolf and was saved f r o m it. He started telling about the wolf when he encountered a lion and was saved from it. He forget about the wolf and started telling about the lion.

HALAKHAH 9

151

After that, he encountered a snake and was saved from it. He forgot about both of them and started telling about the snake. So it is with Israel, the last troubles make them forget the earlier ones. 311

"Kingdoms" is short for Tiasw

nnVe "subjugation by alien kingdoms,"

a general term for the sufferings of the Jewish people inflicted by Gentiles.

M I Ρ Π>Η >3\Y ΡΗΟ

ΟΝΙ Ν*> IA> i p ON ΝΊΤΡ»Η >)?)? T?NÌY> VSOIOÌ

YNM RNIRQ Ν-ΙΊΡ Π>Η ·Μ RUTE»» (foi. 4a)

^W?1» *ΤΪΗ3Π >53)? !?NW

ΠΝ-|»Η >390 Ï H W

N3> N> ÎN£

">OIN RMN> >?-) .*VNO >AI >*M A W N NÇN»N

,D7N'BD> OIÎRÇ» 3>Y)NÌ "MSN >:>?>? ÎWIVY D>P-}?NI ."RÁSN Mishnah 1: If someone was reading in the Torah at the time of recital 1 , if he read with intention 2 he fulfilled his duty, otherwise he did not fulfill his duty.

Between the sections 3 , one greets people out of

respect and answers their greetings. In the middle of a section one may greet because of fear and answer, the words of Rebbi Meïr.

Rebbi

Yehudah says: in the middle of a section one may greet out of fear and answer for respect, between sections one greets for respect and answers greetings from everybody. 1

Time of the obligatory recital of

Shema'. 2

commandment of reading the Shema'. 3

Of the Shema'.

The intention of f u l f i l l i n g the

.IMNPYRP

ΡΚΨ RNOIN TIN* ÏO >A-T -ION M NAIN

Halakhah 1: Rebbi Abba said: This means that benedictions do not prevent 4 . Since the Mishnah allows one to

dictions, it follows that benedictions

concentrate on reading the Torah text

are a separate obligation. In a number

as Shema' without requiring an inter-

of prayer texts from the Genizah, the

ruption for recitations of the bene-

recitation of the Shema' has a separate

4

m

HALAKHAH1 benediction:

"Praised be You, o

obligation separate from the bene-

Eternal, King of the Universe, Who

dictions mentioned in the Mishnah.

sanctified us through His command-

The latter benedictions could then be

ments and commanded us about the

recited before the Amidah.

recitation of Shema', with a full heart

Fleischer,

to declare Him King over us, and

nrain noipna D"Vmw'™pK, Jerusalem

willingly to declare His Unity." While

1988.

these texts are from a period about 500 years later than the t e x t of

the

nVon

See Ezra

'amai

nV'en

The paragraph has been explained as parallel to the Babli (1 lb-12a) by R.

Yerushalmi, they show that recitation

Solomon ben Adrat (Rashba)

of Shema' was then still considered an

responsa, vol. 1, no 319.

i 3 > nht

Ν ΐ η ψ j^N i j o i n ON n o i > >3-» - i o n

ΠΤ3

î p - t t Γ)ΓΙ3>3ΓΙ N > 7 35 ï y η * Ν3ΓΙ1 ΠΓΙ3>3ΓΙ >ηκ >3*1 N i n ι » η ρ ν ρ ψ ^

-ì^3?

in his

ϋ>Ν·) ·|13>Γ1Π . l ^ D ?

n i s Vì!3> Τ " ! * ι η ρ ΐ κ J i m

.:p3>

Í3> "IP Χ Ϊ Ψ >3 ÌY I N ÌIWN-L Ρ Ί 3 3 Ì3> LÌ? DN Γ φ Π > >3"! O W » ">OÌN

Rebbi Yose said: If you say that o n e needs t o r e c i t e t h e b e n e d i c t i o n s ; w h e n he recited t h e m he must focus his attention f o r t h e e n t i r e They objected: statement?6

Shema'5.

D o e s he n o t i n t e r r u p t a n d it d o e s n o t a p p e a r in o u r

So h e r e also, e v e n t h o u g h it has n o t b e e n s t a t e d he m u s t

recite t h e benedictions. That m e a n s 7 , o n e m u s t f o c u s o n e ' s a t t e n t i o n f o r the entire Shema'.

W e m a y hear it f r o m the following: R e b b i A h a i 8 said

in t h e n a m e of R e b b i Y e h u d a h : "He has f u l f i l l e d his o b l i g a t i o n if h e f o c u s s e d his a t t e n t i o n f o r t h e first p a r a g r a p h , e v e n t h o u g h h e did n o t focus his attention during recitation of the second paragraph" 1 0 . 5

Rebbi Yose supports the statement

certainly one requires total attention

of Rebbi Abba: If one would require

during the recitation of Shema'.

concentration on what one recites for

seen at the end of this paragraph, this

benedictions before and after Shema',

is not the rule.

As

158 6

CHAPTER T W O In the Mishnah, it is assumed that

of baraitot,

in the Yeshivah of Rebbi

one may recite t h e several sections of

Hiyya.

the Shema' separately since t h e y a r e

between Tannaïm and Amoraïm.

written at different places in the Torah

statement, Tosephta Berakhot 2:2 (Babli

scroll.

Berakhot

Since t h e Mishnah does not

He belongs to t h e generation His

13a), shows that Rebbi Yose's

mention the necessary interruptions in

a r g u m e n t is c o r r e c t and t h a t R e b b i

the recital, it might be possible that the

Abba stated the practice correctly. (In

Mishnah contemplates interruptions f o r

the printed editions of the Babli, t h e

t h e r e c i t a t i o n of t h e

benedictions

name is Rebbi Aha, but in the Munich

b e f o r e and a f t e r Shema'·, h e n c e , t h e

manuscript, and in all manuscripts of

i n f e r e n c e of

the Tosephta, t h e n a m e is c o r r e c t l y

Rebbi

Abba

is

not

justified.

Rebbi Ahai. Rebbi Aha is an Amora of

7

the fourth generation.)

The argument would be good only

if the statement of Rebbi Yose w e r e

9

true.

in the discussion since it is not recited

8

Rebbi Ahai was "Tanna", collector

n ^

in the evening prayers.

n n s ^ nn-^D ίθ>3η

>3Wi[i"| *T>n>> p v y N n n

The third paragraph is not included

p n ? p i n n i ήν)ϊ·α p - \ ? p a njo >1-»

.τηκ

top? tO rmyp >îwrii .TÌO>TI> i m a m

W h a t is t h e d i f f e r e n c e b e t w e e n t h e first and s e c o n d

.na

nina

."nanfc

paragraphs?10

R e b b i H a n i n a said: E v e r y t h i n g m e n t i o n e d in t h e f i r s t p a r a g r a p h

is

m e n t i o n e d in the second. In that case, should o n e h a v e t o r e c i t e o n l y o n e of t h e m ?

Rebbi Illa said: T h e first o n e is d i r e c t e d t o t h e i n d i v i d u a l , t h e

s e c o n d o n e t o the c o m m u n i t y ; the first o n e c o n c e n t r a t e s o n learning, t h e second o n e on doing11. 10

A natural question following the

of the first p a r a g r a p h is r e p e a t e d in

Tosephta of Rebbi Yehudah.

the second as a communal obligation,

11

The first paragraph is formulated

t h e r e a r e many topics in t h e second

in the singular, the second one in the

p a r a g r a p h that a r e not m e n t i o n e d in

plural. In addition, while the essence

the first. In the language of the Babli

159

HALAKHAH1 (14b), the first paragraph is the

the second one the acceptance of the

acceptance of the Kingdom of Heaven,

commandments of the Torah.

Ρ

>3γιι

o>3Wíon οη?ιυ? i

n¿i?

•1Ì5>W> l ^ N l

"»5*

"»3

7131?!? ÌN5 -tv OrpJVÓ

Bar Qappara said: One has to focus his attention only during the first three verses 1 2 . It was stated thus: (Deut.

6 : 7 ) "You should r e p e a t " 1 3 until

t h e r e is t h e obligation of focussed a t t e n t i o n ; f r o m t h e r e s t a r t s t h e obligation of repetition. 12

This is the accepted practice for

with focussed attention.

Another

the Yerushalmi with no one objecting.

difference

In the Babli (13b), the statement is

demanding Yerushalmi and the Babli is

given in the name of an otherwise

that the Yerushalmi requires the rest of

unknown Tanna Rebbi Zutra, and, even

Shema' to be "repeated", i.e., memor-

though it exemplifies the attitude of

ized, whereas in the Babli it has only to

Rebbi Aqiba, it is later replaced by the

be read.

statement of Rebbi Mei'r that only the

13

between

the

more

Meaning, "memorize".

first verse, Deut. 6:4, must be recited

iïD>n

"jn? i n m y . t o i y :j!?n>p r v n ON

r m r p α ϊ ηρί> α*ι n i x >3*1 r m n >a*i . i p i y a w v r v n ON n n ι ο ι ν ρ o > » v

Rebbi Hunah, Rebbi Uri 1 4 , Rav Joseph, Rav Y e h u d a h 1 5 in the n a m e of Samuel: One has to accept the Kingdom of H e a v e n standing.

Does this

mean that one has to get up when one is sitting? No, if one is walking he has to stand still. 14

Rebbi Uri is not known from any

Yohanan who in the parallel in the

other source. The Rome manuscript of

Babli (13b) is reported to require that a

the Yerushalmi reads "Rebbi Ammi";

person walking has to stand still during

this might be a better reading but

recitation of the entire first paragraph

Rebbi Ammi was a student of Rebbi

of Shema', since he follows the ruling

160

CHAPTER TWO

of Rebbi Ahai in the name of Rebbi

IS

Yehudah that the entire first paragraph

students of Samuel.

The most influential of all

requires concentrated attention.

->a o i r j j o i u >ai

.'-ta " n i n i I Ç N api»? "»3 l>?n5 a i

tn^a

>?ri

. r c j i o a ν η ύ ψ ι v o ? 'ù " ρ ο η κ α i n i * } r p - i N ç n ^ D t n i N «ipi>

n ? h^H

W

»an ΓΡ>

. o ^ i y n riinr» yanrçyi It was stated: One has to prolong "is One". said: But only at the daleth,17

16

.pap ^ - I N Ç γρπ T ) ^ Ra ν Nahman bar Jacob

Symmachos bar Joseph 1 8 said:

Anyone

w h o prolongs "is One" has his days and years prolonged in wellbeing. Rebbi Jeremiah was prolonging very much. Rebbi Zei'ra said to him: So much is unnecessary, only so long that you should think of Him as King of Heaven and Earth and the four directions of the world. 16

The last word of the first sentence

is necessary to use the f o r m of

The composition here is

endearment to distinguish this Amora

difficult to understand since one starts

from Rav Nahman, quoted without his

with a tannaitic statement ("It was

father's name because of his exalted

stated"), continues with the opinion of

status, whose full name seems to have

an Amora (Rav Nahman bar Jacob),

been Rav Nahman bar Jacob.

of Shema'.

and

then

returns

to

a

Tanna

17

The soft

without dagesh, was

(Symmachos, an outstanding student of

pronounced like an A r a b i c ^ or a

Rebbi Meïr). The parallel Babli (13b)

voiced English th, a sibilant sometimes

starts with the statement of Symmachos

close to τ. For example, the Aramaic n

and then continues with the statement

appears in the Elephantine papyri as n.

of Rav Nahman bar Jacob which is

Hence, it really was possible to prolong

quoted there in the name of Rav Aha

the consonant daleth since it was not a

bar Jacob. It is possible that "Aha", a

plosive sound as it is today.

name without meaning, is simply a

In the Babli (13b), Rav Ashi adds

form of endearment of the formal

that one should not omit to pronounce

name "Nahman", and that in the Babli it

the η This was because in Babylonia,

HALAKHAH1

m

as in M e d i e v a l A s h k e n a z , a π w a s

tendency, e. g. by punctuating ΪΡΠ» to

pronounced like a stronger π and

make the Sheva heard when it should

t h e r e f o r e t e n d e d to be silent in t h e

be silent by grammatical rules, so that

middle of a word, as π is mostly silent

the Torah r e a d e r should be f o r c e d to

in the m i d d l e of a word in m o d e r n

pronounce the n, but obviously to no

Hebrew.

avail.)

(Even t h e m a s t e r s of t h e

M a s s o r a h t r i e d to c o u n t e r a c t

Ί©ΙΝΙ

this

18

A Tanna, student of Rebbi Mei'r.

r i o > n tny v t y t n p p nìD>)o

v ^ v b a p p κηη ' n i a * ï y

ΓΡ> N>T? DON ηϊ

N » n >a*V?

. O N * ) ? TIN>SI>

w

a>rp n > j > o n n i p n>> I N * Ύ>Νΐ (foi. 4b) ΓΡ>

ρ κ ψ r n p N Ν"τη ττ>> .αη)}ψ)

ϊπψ

>çvao r n

,π^ο

Π?ΓΙ> K I N ΓΡ> -ÎÇN .*N>A Ι ΐ \ Ώ Θ Ζ ) p i o a ηϊη

Rav asked Rebbi Hiyya:

an

ΗΪΊ NJP

But I n e v e r s e e t h a t R e b b i a c c e p t s u p o n

himself the y o k e of t h e K i n g d o m of H e a v e n .

H e a n s w e r e d him: W h e n

y o u will s e e h i m c o v e r his f a c e with his hand, at that m o m e n t h e a c c e p t s the y o k e o f t h e K i n g d o m of H e a v e n . 1 9

H e a s k e d h i m b a c k : Is it n o t

necessary also t o m e n t i o n the Exodus? H e a n s w e r e d him: It is i m p o s s i b l e that h e s h o u l d n o t turn his w o r d s 2 0 .

Rebbi T a v y o m e 2 1 asked Rebbi

Hizkiah: D o e s this not m e a n that o n e has to f o c u s a t t e n t i o n o n l y f o r t h e first v e r s e ? 2 2

H e said to him: W i t h that 2 3 he m i g h t recite until "You shall

repeat." 19

The parallel is in Babli,

Berakhot

13b.

It seems that Rebbi s t a r t e d his

20

Turn his words to the Exodus. In

the Babli, Bar Q a p p a r a r e p o r t s that

Yeshivah classes early in the morning,

Rebbi never gave a class in which he

b e f o r e one could r e c i t e Shema',

did not mention the Exodus.

and

continued until it was too late to recite

21

Shema' as "acceptance of the yoke of

generation who o t h e r w i s e is q u o t e d

heaven", but only as "reading f r o m the

only in Midrashim.

Torah."

22

An Israeli Amora of the f o u r t h

If Rebbi r e c i t e d t h e r e l e v a n t

162

CHAPTER TWO

portion of Shema' while covering his

recited with focussed attention.

face with his hand during his morning

23

classses, he could not have spent much

could have recited all three verses and

time on it and, therefore, Rebbi does

there is no proof that he disagreed

not accept the opinion of Bar Qappara

with the ruling that r e q u i r e s con-

that the first three verses have to be

centration for the first three verses.

While he was covering his face he

nai p > p ? n o n >>>>$n >pi> >51 o w n " i ç n ^ r m > >3*1 o w n d p n >39 >a-> r o• ^τ-: n 3-1- ΟΥη n>n*v m " Maτ > a i . i r m τ¡ τ n >*τ> nü> ττ N^J γ ^τ ό TIN n i i p 'i :j · ·n· s: ,>t>>!wn • γ - >oi> " 24

o w n ">η-TV nv¿ τ ν ητ τ ν » n o w n - w-TV n w N3>n τ ·

Rebbi Muna 2 5 said in the name of Rebbi Yehudah w h o said in the

name of Rebbi Yose the Galilean:

If one interrupted so that he would

have been able to read all of it, he did not fulfill his duty.

Rebbi Abba,

Rav Jeremiah in the name of Rav: The practice follows Rebbi Muna w h o said in the name of Rebbi Yehudah w h o said in the name of Rebbi Yose the Galilean. 24

Here starts the discussion of the

Rav to "practice does not follow" and

second part of the Mishnah, about the

consider the statement here to be the

permitted interruptions in the re-

opinion of Rebbi Yehudah only.

citation of Shema'. The parallel in the

25

Babli, Megillah 18b, quotes both Rebbi

in several forms here in print and in

Muna and Rav, but from a discussion of

manuscripts, is Rebbi Muna, student of

the rules of blowing the shofar, given

Rebbi Yehudah (Judah) and Tanna of

below; they change the statement of

the last generation.

.1? n ^ j p n

^ n ? IN

This author, whose name appears

i ? ή ν η ν r n om

l } n v >a->

Rebbi Yohanan in the name of Rebbi Simeon ben Jehozadak: The same rule 26 applies to Hallel 26

and the reading of the Esther scroll.

That one has to start again if the

have finished the entire text in the

interruption is so long that one could

meantime. The Babli (Rosh Hashanah

m

HALAKHAH 1 34b) quotes t h e s a m e s t a t e m e n t and

in that the principle of time limitation

declares that this is only the opinion of

of interruptions in recitals is accepted

Rebbi Yohanan's t e a c h e r but not his

without r e s e r v a t i o n ; t h e b l o w i n g of

own, and, therefore, is not followed in

shofar

on Rosh H a s h a n a h is n o t a

practice, since a r b i t r a r y interruptions

recitation and, t h e r e f o r e , can f o l l o w

a r e allowed f o r b l o w i n g t h e

different rules.

shofar.

The Yerushalmi d i f f e r s f r o m the Babli

ji>a> " p p > o >?-> -ION

o ? r i i y > i ? j p i η * V I P * p i n ? i i r ) N^rtpn 37·) j o i n α ϊ -13 η ί ν ψ ν ν π I V 1V9V

i"ì o y ? N)ìn a i ^ V P ^ I

>3-) ο ψ ? h o · » >3-) n>V)p)(> N D n > n p > o 7 ? i

iori n j o t

n}rj >V3 ncv >37 170η ϊχ ^ρψψ Nini t i n d í o JinN n j p p n

an

ονη ίο

. n ì ì i r i N n n o w ? 7>-)$ n n

.niWion

ì^^if pnv now? O l I ^ V >7>

A b b a bar R a v H u n a 2 7 and R a v H i s d a sat t o g e t h e r and said, t h e s a m e rule applies t o b l o w i n g the Shofar1*.

T h e y w e n t up to Rav's Y e s h i v a h and

heard R a v H u n a in t h e n a m e of Rav 2 9 : E v e n if o n e heard it in u p t o n i n e hours he fulfilled his o b l i g a t i o n 3 0 . this w a s a p r o b l e m f o r m e 3 1 .

R e b b i Z e ï r a said: W h e n I w a s t h e r e ,

W h e n I c a m e here, I heard R e b b i Y a s a 3 2 in

the n a m e of Rebbi Y o h a n a n : E v e n if o n e heard it d u r i n g a n e n t i r e d a y , o n e has fulfilled one's obligation 3 3 . order 3 4 .

But o n l y if o n e heard it in the correct

Rebbi Y o s e i n v e s t i g a t e d : If o n e n e e d e d t o hear t h e first s i m p l e

t o n e and a n o t h e r o n e the final simple tone, o n e b l o w of the Shofar

serves

the r e q u i r e m e n t s of both of t h e m 3 5 . 27

He appears in the Babli as Rabba

the entire ritual.

bar Rav Huna; he and Rav Hisda were

29

the leaders of the third generation of

death of Rav when Rav Huna was the

Amoraïm in Babylonia.

head of the Academy. The text given

26

That no interruption is allowed

here is from the Rome manuscript; the

longer than what is needed to complete

Venice print and Leyden m a n u s c r i p t

This must have been a f t e r t h e

164

CHAPTER T W O

have Klin a i o v a win an "Rav Huna in

34

t h e n a m e of R a v Huna", w h i c h c e r -

t h r e e t i m e s a s t r a i g h t n o t e (nv'pn),

tainly is a scribal error.

followed by a b r o k e n sound, f o l l o w e d

30

by a straight note.

If o n e h e a r d t h e n i n e s o u n d s

T h e basic obligation is to h e a r

[Since t h e r e w a s

p r e c r i b e d f o r Rosh H a s h a n a h on nine

d i a s g r e e m e n t in p r a c t i c e w h e t h e r t h e

d i f f e r e n t occasions during t h e d a y (but

broken sound should be in t h r e e w a v e s

in the correct order), then he has done

or in n i n e s m a l l v a r i a t i o n s ,

his duty.

Abbahu in the administrative c e n t e r of

31

Caesarea, where Jews from

W h e t h e r the rule of interruptions

applies to the blowing of the Shofar

or

different

places

came

Rebbi

many

together,

not. This shows that Rav Huna's ruling

instituted the rule that one blows t h r e e

was not widely a c c e p t e d in Babylonia

times, e a c h one of t h e t w o k i n d s of

in his time.

modulated sound and the third time t h e

32

two sounds together.]

He is c a l l e d Rebbi Assi in t h e

Babli, s t u d e n t of R. Y o h a n a n ,

and

36

In fact, t h e b e n e d i c t i o n on Rosh

c o - h e a d of t h e A c a d e m y of T i b e r i a s

Hashanah is not "to blow t h e

w i t h R e b b i I m m i ( A m m i ) a f t e r R.

but "to l i s t e n t o t h e s o u n d of

Yohanan. Both w e r e Cohanim.

Shofar"·,

33

obligation of each listener and does not

As mentioned e a r l i e r , this is the

statement quoted in the Babli (Megillah 18b, Rosh Hashanah

h e n c e , it is t h e

Shofar" the

personal

depend on the intention of the blower.

34b).

r p ^ t o - μ n > r ó : m ίΟη i o n n ^ t o - p i ÍN

nnp

><>>η - ο v i n >3-»

P'PSîÎ) ΐ ϊ π ΐ η ψ ^ Ψ pupari .NKip? νύ^γιο)? noriia > - η

.Ν>η Ν"*) ΏΊΗ-ΪΟΙ

Rebbi Abin bar Hiyya 3 6 investigateci: The recitation of Shema' with its benedictions, it (the recitation of Shema')

without its benedictions, its

37

benedictions without it ? If he interrupted after a third, interrupted after a second third 3 8 ?

Does one estimate by the reader's speed or by the

average speed of all men? Rebbi Mattaniah 39 said, it seems reasonable by the reader's.

165

HALAKHAH 1 36

An outstanding student of Rebbis

one or is every interruption a s e p a r a t e

Yohanan and Zeïra who died young.

count of time?

37

unanswered.

Since we have decided that one

T h e question remains

has to start anew if he interrupted long

39

enough to h a v e f i n i s h e d t h e e n t i r e

generation. In the parallel in

recitation during the interruption, does

(2:2), the reading is: Rebbi Mattaniah

he count the time f o r Shema' with its

said: Is it not reasonable t h a t . . . , with a

benedictions, or without benedictions,

rhetorical negation [interpretation of

and does the rule of interruptions apply

Rashba (Rebbi Shelomo ben A d r a t ) in

a t a l l to t h e b e n e d i c t i o n s ?

his c o m m e n t a r y to t h e M i s h n a h in

The

Do separate interruptions count as

JiiN^jp? -α^π VB^ >")i? K W I V?? n ?

Megillah

Berakhot.]

question remains unanswered. 38

A Galilean A m o r a of t h e last

j w p>p?ç o n

m

ì d s n n>> "»on

ìttjn

. ' j o i n >*r> n w

. î j n i i n >*τ>

p>£>? p ^ o s n i

ΗΪ n ^ D n y

rrhp>

Rebbi Abbahu 40 asked Rebbi Yohanan: Assuming that I am reciting Shema' and interrupting while passing by stinking passage ways 41 , do I fulfill my obligation? He answered him: Abbahu my son, if you interrupt enough that you could have finished all of it, you did not fulfill your obligation. 40

A student of R. Y o h a n a n who

Torah or recite prayers, cf. Mishnah

became the principal d e f e n d e r of the

5:3. This section is also discussed in

Roman

Babli Rosh Hashanah 34b, where,

His f a t h e r ' s n a m e is

according to the theory of t h e Babli

unknown. His school was at Caesarea

mentioned above, R. Yohanan answers

Philippi [C. Paneas], seat of the Roman

only according to the opinion of those

prefect for Galilee.

who think that a f t e r a l o n g e r inter-

41

ruption one has to start anew.

J e w s in I s r a e l b e f o r e t h e authorities.

W h e r e it is f o r b i d d e n to study

166

CHAPTER TWO

ν ή ν η N 3 N 1 ν ? ? n>> i ç n

n>)?-}> >a-i .pis ^

.H}*, n a l i y p w >a-i> N"}pa>? P ^ V

d o n .'nain π > n w p>a? ojpjnoi νηψ η ρ íoí*í

p i p * ! » ? i o n ->a pv>pvy > 3 1 7 y - p w w a s t n>> - « o n n n p a V? 1 !?? π ι ο

^ l l

V??

n i n u i w n w r i y ·)>?? w η ν

«V»n η ' ρ η φ η J i N n p a i

^

'3Ί Hin

n i - i n i N i 3 n i > >a-> . n ^ n n i N t?aN

.o>p-j3 o>piTp

'ioip Njj^pa 'ai

Ν>πψ

os»

.πια

Rebbi Eleazar 42 went to pay a sick-bed visit to Rebbi Simeon bar Abba 43 . He said to him: Since I am weak, when I am reciting Shema' I tend to slumber; do I fulfill my obligation? He said to him: yes. Rebbi Jeremiah asked before Rebbi Zeïra: Did Rebbi Eleazar give this ruling since he knew that Rebbi Simeon bar Abba is very scrupulous in the execution of his religious duties 44 , or because he was so weak 4 5 ? He answered him: They 46 disagree explicitly; Rebbi Eleazar said he fulfilled his obligation, Rebbi Yohanan said he did not fulfill his obligation. They disagree for the recitation of Shema' since that is composed of separate chapters, but for the recitation of Hallel

and the Esther scroll, Rebbi

Eleazar will agree 47 . 42

A Babylonian who f i r s t was a

the r e - i n t e r p r e t e d posilion of R e b b i

student and then became a colleague of

Yohanan.

Rebbi Yohanan.

43

Even though he was

A fellow Babylonian who was a

the g r e a t e s t of his g e n e r a t i o n a f t e r

student of the great Amoraïm of t h e

Rebbi Yohanan, he never became head

first generation, thus much older than

of a Yeshivah since he d i e d s h o r t l y

Rebbi Eleazar.

before Rebbi Yohanan.

44

He o f t e n

T h e r e f o r e , will m a k e an e f f o r t

follows Babylonian positions like t h e

that his slumber periods will not be too

one presented here, where the position

long.

of R e b b i E l e a z a r is t h a t w h i c h t h e

45

Babli, Rosh Hashanah

could f u l f i l l his o b l i g a t i o n he could

34b, accepts as

Since t h e r e is no other way he

167

HALAKHAH1 claim an exemption from the general

duty.

rule because of Mix, an act of God.

47

46

That after a long interruption one

has to start from the beginning again.

Rebbis Yohanan and Eleazar, who

This sentence is a comment by the

interrupted a recitation for a longer

editors of the Yerushalmi; it is not the

period and then continued w h e r e he

Babylonian position.

concerning whether a person

interrupted, did f u l f i l l his religious

N 7τ n—. ,ντ>3 J i i v h: nIT m τi n a w a o • : >3γπ ν "τ Γ) ί ο τ ί ν ι

.yi-ip!?

. r n i r n lìtpta

y

Ninw•? >03 w i n " o ü w a ! w w n» .>3nΝίπψ >ηι

-ρ-ι* ο ι ν Ψ r n p N

ΊΠΝ> ON , y h p > -jn^ ÍÍ>N ΊΓΙΝ ï y ON ηοψ? ri*nm

>3") OW3 ήθ>Ρ >?*) ."»137 >13 ΝίΠ Π^?) .*Ν3"Τ >73 "ΜΠΝ >3*1 OW3 Ν i n 1 3 -13 Ν3Ν .ί*1>3Γ£ D I N 1>3

.>37 vty

Ο^ψ ^

Ν1Π Πφ?)

>73 >)> 13 ywin>

7>0>ΓΙ> 37Π 1>3 θί!?ψ Π ^ Ν ψ >7? 1)Πί>

It was stated: If someone wants to greet his teacher or anybody w h o his greater than himself in Torah, he is permitted to do so 48 . That implies that a person has to greet anybody who is greater than himself in Torah. And also from the following 4 9 :

If o n e tore his c l o t h e s and the soul

returned, if it is instantaneous he does not have to tear again. If it is later, he has to tear again. H o w much is instantaneous? The time for speech. How much is time of speech? Rebbi Simon in the name of Rebbi Joshua ben Levi said: the time one needs to greet his friend 5 0 . Hana

51

Abba bar bar

in the name of Rebbi Yohanan: the time for greeting b e t w e e n

teacher and student, when he says "Peace be with you, my teacher. 52 " 48

To continue the discussion of the

A person stands at the d e a t h b e d of

Mishnah, we now turn to the definition

s o m e o n e f o r w h o m he w o u l d

of what it means to interrupt "to greet

required to mourn.

somebody out of respect."

clothes after the person's death. In the

49

case discussed here, he tore his clothes,

A similar but more e x p l i c i t

bardita is found in Babli Nedarim

87a.

be

He must tear his

thinking that the patient was dead but

168

CHAPTER TWO

then the dying person showed signs of

(Baba qama 73b), no names are given

life. If the final death occurs within

but it is stated that t h e r e a r e two

the time needed for "speech", the first

measurements of "speech", one from

tear is sufficient. The baraita is quoted

teacher to student, the same as a person

here only to introduce the standard for

to a friend, and the longer one from

greeting, which is that the student is

student to teacher.

required to say: "Peace be with you, my

51

teacher."

bar bar Hana; his f a t h e r Rabba bar

This is the s t a n d a r d of

He appears in the Babli as Rabba

behavior for a student.

Hana was a nephew of Riiv.

50

52

The greeting of a person to his

The Babli (loc. cit.) has the longer

friend is D3'1?» oiVw "Peace be with

sentence ' a n m a "pV» diVw, "peace be

you." In the main parallel in the Babli

with you, my instructor and teacher."

n>> > o n

Π>ΓΙ·) >T>N -13 n p v ? >37 ^

N^T Ν"τη

T>3i»

pin

v v n ? " P ^ N η ? n>> -»ON >n

.ìNanji o n y a W 7

-»ONI - τ:v m - Τ ,ni>py it? I O N

· Τ

-»»NO

r p n r n p n DID

>3*1

N n ->ON . ^ » ΐ ρ ρ

Ίουρι

N n y i n y j I O N N^H N i n i

ν»?'!?)?

n a i i rP0^y>3

.'»toyn

N ^ N-yjrç

nm n>3 τ η~ >on τ ·: NDD τ τ n ^ -»ON " τ .vrI*TO r : · ·· τ v· o· ^: n~ ot

η>ηψ i o n n y w y

ϊ κ χ η ψ >3*17 rpovy ρ

κπ^οψ

.n3>î7i» >3*17 i*pp!?ri T>NÖ >3-)i VV7.Î Ν

>oip -iiiV'0 ìn>o

. i ^ i * >3*17 n > i > o > r i

>0P1 ' i o i p -Ó3V N!?1S ,-|p>N PP> 1 3 3 p i | > '3") i o n

. r p n i p - a y ΗΪΊ

W7,? DO D>> "»ON >?*> " n y

η.ί1Γ)Ν n>> i o n

,o»a!p m

'"PN

Rebbi Yohanan was leaning on Rebbi Jacob bar Idi when Rebbi Eleazar saw him and hid himself b e f o r e him 5 3 .

H e said, these t w o things the

Babylonian does to me: First, that he does not greet me, and second, that he does not teach the traditions in m y name.

H e said to him, thus they

behave a m o n g themselves; Zeira did not greet Rabba 5 4 since they o b s e r v e (Job 29:8) "Boys see m e and hide themselves." As they were walking, he 5 5

169

HALAKHAH 1 s a w a Bet Midrash.

H e 5 5 said to him: H e r e R e b b i M e ï r sat and r e p o r t e d

traditions in the n a m e o f Rebbi Ismael but he n e v e r reported t r a d i t i o n s in the n a m e of Rebbi Aqiba.

H e 5 6 a n s w e r e d : E v e r y b o d y k n o w s that R e b b i

Meïr w a s the student of R e b b i A q i b a .

H e 5 5 retorted, e v e r y b o d y k n o w s

that Rebbi Eleazar is t h e student o f Rebbi Y o h a n a n . c u r s e d 5 7 statue?

M a y o n e pass b y a

H e 5 8 said t o h i m , d o y o u w a n t t o h o n o r it?

Pass it b y

and blind its eyes! H e 5 9 said to him, Rebbi Eleazar did w e l l that he did not pass b e f o r e you. H e said: R e b b i 6 0 Jacob bar Idi, y o u k n o w h o w t o pacify. 53

This story is inserted here to show

that t h e o b l i g a t i o n to g r e e t

one's

acquire any rabbinic title. T h e second name, therefore, is Rav.

teacher was accepted in Babylonia only

55

Rebbi Jacob bar Idi.

when the student could not hide f r o m

56

Rebbi Yohanan.

his teacher. Rebbi Yohanan also insists

57

The word ' τ π π κ makes no sense.

that all his teachings be reported in his

In the parallel s o u r c e s in t h e Yeru-

own name; this is discussed in the next

shalmi, Sheqalim

section.

the word is ' i n * "cursed".

A psalm is q u o t e d t h e r e to

support Rebbi Yohanan's

position

58

2:6, Moëd qatan 3:2,

Rebbi Yohanan; the person who

mentioning t h e T e m p l e ; t h e rôle of

asks is Rebbi Jacob bar Idi who already

David in the building of the Temple is

knew the answer f r o m Rebbi Joshua

discussed in t h e t h i r d p a r t of t h i s

ben Levi, Avodah zarah 3:8.

aggadic insert.

59

54

that one avoids only important people

The names here do not seem to be

correctly transmitted.

Rebbi Jacob bar (di points out

Rabba belongs

or circumstances. One "blinds the eyes"

to the generation after Rebbi Yohanan

of the idol if one passes by it without

and Rebbi Ze'ira s t u d i e d under Rav

taking any notice of it and the idol sees

Huna and Rav Yehudah in Babylonia.

that it is not taken seriously.

T h e r e f o r e , it seems that t h e n a m e is

60

Zeïri, a Babylonian who studied under

Rome ms.; this is t h e b e t t e r r e a d i n g

Rav and t h e m e m i g r a t e d to I s r a e l

since the teacher will not a d r e s s his

w h e r e he became famous but did not

student (nor his equal) by his title.

The title "Rebbi" is missing in the

170

CHAPTER TWO

rniAN o > p ç n n>>y \y¡?n 7vt ηΝ .rpny) ι » Ν ^ ν η ψ ì v v p n >ya ì j n v >?-η τη

by vby

•>?") ì j n v

o w ? rpp-}?

> R A A > Ρ Ψ B Y V">>?N5 ^ A I

n y i o y "»ÖW^·^?

Nnn? i a

>Ji9V> a a i i o y \ ? n £ Τ Η L I N > 0 >!->"! > N 3 3 -13 Π3>3ΓΙ > 3 1

αϊ

ROW

on3>a >an . o ' o b i y ΐ ^ η κ α ΤΗ

-«ON N ^

>Π Κ Ι Η Ψ

.n>> N>}n>? .niwnjjp

ni»pj?

i o v ïiiwrjVï i ^ i n a v r n p i N oyyp .VL?>N)0

Ν1Γ)Ψ D ' I D J I

IN p>ny ~>nn >πψ7 v i · ? ? "i)?N n n n ]

D T N "TTPTA?

."po^ip

v i n s -ION

. r P ö i a ? n>»yv>

>rrç> N i m

But Rebbi Yohanan required that traditions should be reported in his name. Also David begged for divine mercy in this respect, (Ρ s. 61:5) "may I dwell in Your tent forever!" 61 Rebbi Phineas 6 2 , Rebbi Jeremiah, in the name of Rebbi Yohanan; Could David think of living forever?

Rather,

David meant: May I have the merit that my words will be mentioned in my name in synagogues and houses of study. What good does that do to him? Levi, the son of the Nazir63

said: If someone mentions a tradition

in the name of its author, the latter's lips whisper with him in the grave. What is the reason? (Cant. 7:10) "Dripping f r o m the lips of the sleeping ones." Like that bunch of grapes which drips by itself. Rebbi Hanina bar Pappai 64 and Rebbi Simon, one said, like one who drinks spiced wine, the other said, like one who drinks old wine, even though he consumed it, its taste remains in his mouth. 61

The context of the Psalm ex-

63

An author who is not otherwise

cludes an interpretation that would

mentioned in the Talmudim.

refer the verse to the Future World

parallels in the Babli (Yebamot 96b,

since it directly refers to the earthly

Sanhédrin

Temple.

statement is R. Yohanan's in the name

62

R. Pinhas bar Hama Hacohen,

of R. Simeon (either ben Yohai or ben

leading preacher of the fourth gener-

Yehozadaq) and the verse is quoted in

ation of Galilean Amoraïm.

the name of several authors, one of

90b, Bekhorot

In the

31b) the

111

HALAKHAH1 them Simeon Nazira who probably was

nezirul is permanent.)

the father of Levi, the son of the Nazir

64

who is quoted here. (The Naiir

Rebbi Abbahu, equally outstanding in

may

A colleague of Rebbi Simon and

not cut his hair, drink wine, or become

p r a c t i c e and in aggadah.

("Spiced

impure by a d e a d body.

wine" from Latin conditura

"condiment,

Since t h e

destruction of the Temple, any vow of

vrmtoq

spice.")

v n pwiy -»inri >*>-»«> v n n o

Nini -ïï>i> *

>ri)p>N v i i p o n τί>ι ηηψ

>3903 Ί 2 ^ΝΙΟψ 713ÌO >3>N

ia "ρκψ -»in VN

jiç>n τ η i ï mpiN·» 117

^ J / NÎI> >3tpy?n> ν ί ^ β ψ >£> ï y IN IOÎN ΊΟΗ .;[>)?> 1M>»p> >3 n>ni

* n»3 >> o n j p i N ?

Γ φ 0 >3Çf 0>N>>? D>>?> "TVT *m> Ν1Π Tpl} WT^O

ni53-)|7 i s 3 n ( ? n > NÌ? ν π ρ η η Ji>a r o í a

nbìw otos

. o n o r i o>n>

nwiy d ^ o γμ?ι .ni33*i(7n i o i r i v n y i y η η κ ψ n ^ ™ o a y i o rmp

in?? oaymi η ^ τ ^

There is no generation without scoffers. What did the hooligans of that generation do? They went to David's windows and said to him: David, when will the Temple be built, when will we go to the Lord's house? But he said, even though they intend to enrage me, it comes over me that I am happy, (Ρ s. 122:1) "I enjoy it when they say to me: let us go to the Lord's house." 65

(2Sam. 7:12) " 6 6 When your days will be complete";

Rebbi Samuel bar Nahmani said, the Holy One, praise to Him, said to David: Ί am counting full days for you, I am not counting missing days for you 67 . Will not your son Solomon build the Temple to sacrifice? Law and justice that you are upholding is more to my liking than sacrifices.' What is the reason? (Prov. 21:3) "Upholding justice and law is preferred by the Lord to sacrifice".

172 65

CHAPTER TWO Knowing that he would not build

people, Ex. 23:26, that the Just will live

the Temple and not see it.

complete years; as in fact Moses died

66

on his 120th birthday.

The word

2Samuel\

ΓΡΠΙ

given here is not in

the quote starts with the

It is asserted

here that David also lived complete

second word.

years; his age is never indicated in

67

Tanakh.

This is one of the blessings

bestowed at Mount Sinai on the Jewish

ν ι π πιο

"man

ΠΝ-ΡίΊ

Npvfl

V^JpNll Ν1Γ) •)>? ΐ Ο ψ Ρ ψ } . ΐ ί 2 3 Π >330 ÍN ΠίΟ»ΪΊ

"mSTl >??)? Î7NW n e >3«ιη

!?nìw o > p - j ? a i

Λ>ΚΟ >!-> n i l

-»jaiM η ι ι η > > ? ι ν τ γ ) ρ

Ν ΓΙ ."PN)? >3*1 i n b o i n N * v n >3?» !?NÌW

6R

(*TÌ33n >3?)?)

W

l i i s n >3ÛO

N3>y>?y>? . " m a n >3?n ÎN ΠΝ-ι»η o p n i>v>n Min

>330 i w i w N j v j r î î ? N n

. l i a s n >33>?

ηιο?Ό 'í?» i w w

VSPtf?

New Section. "Between the sections one greets people out of respect, and answers them." 69

Why does one answer, out of fear or to show

respect? We may hear it from this: "In the middle of a section one may greet because of fear and answer (for respect), the words of Rebbi Meir." Hence, in the prior case one may ask because of respect and answer out of respect. 71 "In the middle of a section one may greet because of fear and answer, the words of Rebbi Meïr." For what does one answer, out of fear or to show respect? We may hear it from this: "Rebbi Yehudah says: in the middle of a section one may greet out of fear and answer for respect." Hence 72 , in the first case one asks because of fear and answers because of fear. 68

The words are in both the Leyden

of R. Solomon Cirillo.

Since they

and Rome manuscripts, but missing in

contradict the f o l l o w i n g discussion,

the Genizah fragments and in the text

they should be disregarded.

m

HALAKHAH1 69

This is a quote from the Mishnah.

l e n g t h of t h e s t a t e m e n t of

Rebbi

The problem is that Rebbi Meïr does

Yehudah while for the Yerushalmi the

not indicate why one should answer.

two parallel statements of Rebbi Meïr

Since for Rebbi Yehudah the rules for

represent two parallel problems which

answering a r e more lenient than f o r

have to be solved separately.

initiating the exchange, it follows that

the seemingly repetitous arrangement

for Rebbi Meïr the rules for answering

of the Yerushalmi here; but the f i r s t

are not more lenient, but it is unclear

quote of Rebbi Meïr is in support of an

whether answering and initiating have

argument

identical status or that t h e rules f o r

presents

answering a r e more r e s t r i c t i v e than

discussion; t h e t w o q u o t e s of

those for initiating a verbal exchange.

identical text are of different status.

The Babli (13b) explains the words of

71

Rebbi Meïr as meaning "one may start

certainly more restrictive rules apply

an exchange and it goes without

than between sections.

saying

while

Hence

the

the second

topic

for

one

further the

Since in the middle of a section

that one may answer", they seem to

72

assume that it is obvious that the rules

Rebbi Yehudah, and from the previous

of answering cannot be stricter than

discussion we know that a n s w e r i n g

those for starting. Also, the Babli takes

does not have more r e s t r i c t i v e rules

the two parts together; it is possible

than starting the conversation,

that t h e u n n e c e s s a r y l e n g t h in t h e

follows that Rebbi Meïr must hold in

statement of Rebbi Meïr is considered

all cases that answering and s t a r t i n g

simply as a parallel to the necessary

have the same status.

r m > >3*) .>o*r»p n>p-)>

Since Rebbi Meïr disagrees with

. p i o a n v^ípisp. i ^ û n î r r ç h a n y x w *

. o a -»5i!p π ι γ ή q >

p ' o oa π-μ-η ηον

NDìn >?-»

it

Iiis ,ψπψη

So far in the middle of a section. Or even in the middle of a verse 7 3 ? Rebbi Jeremiah gave hints 74 .

Rebbi Jonah made himself understood 7 '.

Rebbi Huna, Rav Joseph: (Deut. 6:7) "You may talk in them", from here that one is authorized to talk between them 76 . 73

Do the rules given in the Mishnah

apply only b e t w e e n v e r s e s in t h e

middle of a section or even in t h e middle of a verse?

174 74

CHAPTER TWO The text here is not uniform. The

Leyden m a n u s c r i p t and t h e G e n i z a h

greetings or instructions by pantomime. 75

I. e„ he talked.

text are as the Venice print, nmn, but

76

In Hebrew, future, imperative, and

in t h e q u o t e s of t h i s p a s s a g e

by

subjunctive may have t h e same form.

Berakhot

In g e n e r a l , t h e p a s s a g e o s m a n in

Ramban, Milhamot

Hashem,

Chap. 2 and the authorities depending

Shema'

on him ( R a s h b a and Rosh on Babli

about t h e m " ( T h e D i v i n e c o m m a n d -

Berakhot 14a), the text reads » m a

ments), but R e b b i Huna t a k e s it to

The

is t r a n s l a t e d "you must talk

meaning is in both cases t h a t Rebbi

mean "you may talk in them", i. e.,

Jeremiah

while reciting the verses.

did

not

p i

talk

but

give

-i)3Nȓ p a

y b y ON r p n i v a ,p>p?> h^

M i s h n a h 2:

ID

.7Voy>> r r n v i i o r o n ? "pa o>¡?-}$n

. y b y O N Tvnp

ί)?ν»ι

vm

V3

r m n ? >3-1

T h e f o l l o w i n g are " b e t w e e n t h e sections":

between the

first b e n e d i c t i o n and the second, b e t w e e n the s e c o n d and Shema', Shema'

roo»

λ

between

and ( D e u t . 11:13) "it shall be w h e n y o u will really listen", b e t w e e n

"it shall b e w h e n y o u will really listen" and (Num.

15:37) "the E t e r n a l

spoke". B e t w e e n "the Eternal spoke" and "true and o u t s t a n d i n g 7 7 " .

Rebbi

Y e h u d a h said, b e t w e e n "the Eternal spoke" and "true and outstanding" o n e m a y not interrupt.

77

The benediction after Shema', starting with a series of epithets of the Torah.

3>rpi

.o?>ri!w *

rmn>

r w y o ~>t>

λ .njoN

H a l a k h a h 2: R e b b i L e v i s a i d 7 8 , t h e r e a s o n of R e b b i Y e h u d a h : 15:41) "I a m t h e Eternal, y o u r God 7 9 ", and it is w r i t t e n (Jer. the Eternal is t h e true God".

(Num.

1 0 : 1 0 ) "But

175

HALAKHAH 3 In the parallel in the Babli (14a),

whether a f t e r r e c i t i n g "the E t e r n a l ,

the explanation is by R. Abbahu in the

your God. True!" one stops and starts

name of R. Yohanan. Since Rebbi Levi

again

was preacher in the Yeshivah of Rebbi

irrelevant f o r t h e Y e r u s h a l m i .

Yohanan, the explanation originated in

question in the Babli is w h e t h e r Rebbi

that Y e s h i v a h .

In a d d i t i o n , R e b b i

Yehudah disagrees with the first Tanna

Abbahu in the name of Rebbi Yohanan

in principle, that 'between "the Eternal

in the Babli declares that the practice

spoke" and "true and

follows Rebbi Yehudah; this decision is

t h e r e is no i n t e r r u p t i o n a l l o w e d or

missing in the Yerushalmi and, hence, it

whether he simply moves t h e end of

seems that in Israel one used to follow

technical Shema' by one word and then

the

allows the regular interruptions there.

78

majority

opinion

that

an

interruption is permitted between the

79

last words of the Shema'

Shema'.

and "true".

"true and

outstanding",

is The

outstanding"'

These are the concluding words of

Hence, the question asked in the Babli,

H? yny

o n n > m > y p y τνοη% ON r v n )

,rm*n

n n - i j ? 15 j r ç h n ? >2-> nioN :>

mvn

r j ? ί π ν · ) η ^ η ι ρ o > n y JVD!?Ö

.Dì»i n £ n a n i i

Di»a ι η ύ

Mishnah 3: Ribbi Joshua ben Qorhah

90

said: Why does Shema' precede

"it shall be when you will really listen"? In order that one should accept the K i n g d o m of H e a v e n commandments.

b e f o r e he a c c e p t s the y o k e of

the

And "it shall be when you will really listen" to "The

Eternal said"? Because "it shall be when you will really listen" is applicable day and night 81 , "the Eternal said" is applicable only during daytime. 80

A Tanna who lived from the times,

81

The obligation to study the Torah

of R. Aqiba to those of Rebbi; he is

and k e e p its c o m m a n d m e n t s a p p l i e s

mostly

e v e r y w h e r e a n d at a l l t i m e s ;

known

interpretations.

for

his

aggadic

obligation

to h a v e zizit

on

the

one's

176

CHAPTER T W O

garment, expressed in the third section of

Shema', is a p p l i c a b l e only during

ioipi 31

daytime according to most opinions,

v a i ! ? d i n n > ? N o y o n o i j n v >3-1 0 W 3 N » n >3*1 :> n a b n

,ο^ψη

ο'οψ a i l

roolpç

ν ϊ χ ! ? 3 ρ » ψ h ? i ^ î m n i (foi. 4c) ν ο ψ j i í s

.^a^ni

nis νήΥτ) ν η ψ n i * ï o i p

ion

o i p 9 > v n i a n ? η η yny> J i n p J i j i y y ^ n i - ο ρ ι n o n o y p i o y π > π ψ H Ï 3 " ì > N y » t » ? NTI>ÍJ?0 .rm*p

.^SJIOI

Π^Ι N l í p " ) V ^ ? ^

i ? -ioni n^nip

η η

ΓΠΠ\?

mD>o

!?3p> ο - τ κ ψ

Halakhah 3: Rebbi Hiyya 80 in the name of Rebbi Yohanan: Why did they say, a man puts on tefillin, recites the Shema' and prays? So that he first should accept upon himself the Kingdom of Heaven completely. Rav said, one reads the Shema', puts on tefillin, and prays 81 . A bar ait a of Rav himself 8 2 disagrees with him: "If somebody was occupied with a dead person in his grave and the time for the recital of Shema' should move to a pure place 83 , put on tefillin, pray".

arrived, he

recite the Shema',

and

Does not the Mishnah support Rav: "In order that one should

accept the Kingdom of Heaven before he accepts the yoke of the commandments" 84 ? 80

R. Hiyya bar Abba, the student of

Shema' without giving an explanation

R. Yohanan.

o f what he was doing.

81

explanation of the Babli, that Rav had

The essential difference between

Hence, the

tefillin were brought

the Yerushalmi and the Babli is that in

to wait until his

the Yerushalmi Rav precribes that one

to him while he had to recite

should

be

putting

on

tefillin

(phylacteries) either after reciting the entire

Shema', or after reciting the first

paragraph of

Shema', w h e r e a s in the

Babli (14b) he is only reported to have put on his

tefillin after the recital of

Shema' at

its appropriate time, is impossible in the

Yerushalmi.

But

since

the

Yerushalmi quotes Rebbi Yohanan as explaining t h e g e n e r a l l y practice,

there

is

no

accepted practical

difference between the two Talmudim

177

HALAKHAH 3 and t h e statement of Rav can be l e f t

baraita

standing without a decision on his own

Yohanan.

opinion.

84

82

first paragraph, belong to the execution

This is the reading of the Leyden

is the one a d o p t e d by R e b b i

Tefillin,

while mentioned in the

manuscript. In both Talmudim we hear

of commandments.

that Rav and Samuel collected

the opinion of t h e Y e r u s h a l m i , Rav

baraitot,

tannaitic statements not made part of

recommended

the Mishnah.

between the first and second sections

83

of Shema'·,

Since a dead person can no longer

to

It follows that, in

put

on

otherwise, the

tefillin

Mishnah

p r a y , it is e x p l a i n e d l a t e r in t h i s

would not support his position.

Halakhah

contradicts the opinion of t h e Babli as

that praying in a graveyard

would violate the verse (Prov. 17:5):

quoted

"He w h o m a k e s f u n of

poor

objection of the Babli that c e r t a i n l y

blasphemes his Maker"; hence one has

Rav would not put off f u l f i l l i n g t h e

to leave t h e g r a v e y a r d if he wants to

obligation of tefillin

pray. The order of prayer given in the

recital of Shema'.

the

above;

,>p3
it e l i m i n a t e s

This

the

until a f t e r t h e

i f o ? >3-1 Ί Ο Ν

Rebbi Yannai 85 said: Tefillin need a clean body 86 . 85

The most important Amora of the

wear tefillin in a graveyard. This also

first generation in Galilea, student of

counts as having an unclean body since

Rebbi and teacher of Rebbi Yohanan.

on leaving the g r a v e y a r d o n e has to

86

The same rule is quoted in Rebbi

wash his hands. A Mishnah in the next

Yannai's name in the Babli (Sabbath

Chapter also implies that one may not

49a, 130a); t h e r e A b b a i a n d

w e a r tefillin

Rava

when his b o d y is n o t

explain that one may not break wind

cleansed f r o m an emission of semen.

while wearing tefillin and also may not

Some Medieval authorities imply f r o m

sleep while

the statement of R. Yannai that while

wearing

them.

The

Yerushalmi does not go into d e t a i l s .

w e a r i n g tefillin

The connection with the previous text

unclean thoughts.

probably is the quote that one may not

o n e may not h a v e

178

CHAPTER TWO

T > P 3 N 7 ν ό 1 3 -τη? Diri N l l l V

, ν Ν Ο Ί Π >J?>3 .1^11 ì p n o n

nç

•Ji>JO>n

Why does one not hold on 8 7 to them? Because of the impostors 8 8 . It happened that a man deposited something with another, and the latter then reneged on it. He said to him: Not you I thought trustworthy but those on your head I thought trustworthy. 87

There are two interpretations of

worn publicly in t h e Land of Israel.

this sentence. Rabbenu Yeruham [path

The reading of the Rome manuscript,

19, part 5] explains: Why does one not

"Why does one not hold on to them in

keep on his tefillin

the Land of Israel?" seems to explain

takes

them

off

Tosaphot [Sabbat

the entire day but after

praying?

49a] e x p l a i n : Why

the situation f r o m a Babylonian point of view w h e r e tefillin

never were a

does one not consider a person wearing

p r o b l e m with t h e g o v e r n m e n t

tefillin

automatically as a trustworthy

where, in R. S h e r i r a G a o n ' s time at

Jew who may be trusted to k e e p all

least, tefillin were worn by scholars all

mizwotl

day long. But even in Babylonia in the

The explanation of Tosaphot

and

is easier to fit into our text but t h e

f i r s t g e n e r a t i o n s of A m o r a i ' m

explanation

Sheshet is reported (Babli Sabbat 118b)

of R a b b e n u

Yeruham

Rav

seems to have the c o r r e c t h i s t o r i c a l

of being proud that he wore tefillin

background. Both the Roman and the

entire day, not just for a minimal time.

Byzantine governments f r o m time to

88

time f o r b a d e the wearing of

times of p r a y e r may m a k e a p e r s o n

tefillin.

T h e r e f o r e , f r o m t h e s t a r t of

the

reconstruction of Jewish l i f e a f t e r the war of Bar Kokhba, tefillin

d ü o πιο

outside of

suspect of being a g a n g s t e r

imper-

sonating a pious person.

w e r e not

.p").or? > > ί η η ψ - i s i î ? o > n > i i > > i n η η κ irçnil? n > n >n32 >3-1

p i r ) » O > N 3 î 1 3 ΐ 3 π ν >3") n>p>ri

Hence, wearing tefillin

the

. > ? n o i 7 n r r W ? N?i*in

i m -p"! . N i n > p ?

nt?i\?n

N \ ? » P 3 NÏ? r p i ' n v v t . v * τi n N"

179

HALAKHAH 3

Rebbi Yannai w a s w e a r i n g t h e m a f t e r his s i c k n e s s f o r t h r e e days, t o s h o w that sickness cleanses 8 9 .

What is the reason? (Ps. 103:2): "He W h o

f o r g i v e s all m y sins, H e W h o heals all m y sicknesses." Rebbi Yohanan ben Zakkai's tefillin w e r e not c o m i n g o f f f r o m h i m either in s u m m e r or in winter. And so did his student Rebbi Eliezer after him. 9 0 89

This statement s u p p o r t s t h e

Yannai wore his tefillin the entire day

interpretation that the "clean body"

but after that he was putting them on

required from a wearer of tefillin

only for prayer.

is a

body cleansed f r o m sinful thoughts,

90

since a person recovered from sickness

Bar Kokhba, the wearing of tefillin

is a person all whose sins have been

entire day in the Land of Israel was not

forgiven. It is spelled out in

unheard-of.

Midrash

This shows that before the war of the

Tehillim 103 that the first three days, R.

ΗΪΊ

N O ^ p i D-13 ."jirPVifl V » l > Γ0Γ) rPV>n p H H ΠΙΓ)! Ν1ΓΡΌ3 IJHV >3*)

.nny

ΎΙΟΝ WN·) MRN I S

.jvjmïn

τηη

.O>Í33B VINI!? N>N

α ρ ν ί τ ϋ PC 1 ?? 1>ΓΙ>>)? l i n ι ? · )

,η>>

o > » £ i y n >η ϊψ

ύίι^ ί ι ι ^

vni

i m

V?»

ι ι η > η ο η ρ>£>5 r n r ) I D I ίηαψ? ov

ù i - i y o y ηυί>

nvri> ή β η

ν η jiìjì-IN:

.NNINT Κ ^ Ο

ï y m p ì N ϊ Η Λ ψ vrif VÏ?

. N iτ N ^τ N ΊΟ>Ο> n r m . v j j i i w -ικρφψ '»ΐΗΨΨ H»

- i m η>>

,ΗΟΊ> ty ÌDÌINI

ìjì-INI τ η ι φ V"i>?w ^ t o y p ν η ι

VlPii"*!

a i n s y n o nt

η ο

η>η j o o i o n n

ì y i i ' o n o ì n p i N O^iyn nì»iN v m >n

mn

"13 N » N R N MOH V^^iNH

.tobn τ ι ύ ί - ^

rpwn pnn

nis v ? i o cfciyn . o > n ^ y n >n

mmn

ty

ov

>1-1 -ION *M>>N HI -ION ΝΙΓΙ NN^I .N^I

N τn* w T N!?>O n>í? m τn- ! H1τ? ' v· o* m n jτ oτ >3-1 n>i? -ION τ * τ: · · - τ niDipn> r o t t O η υ ν - » o ù inr? v i î p p

M N - M A N TT U O J TO UN·} ΝΙΠ ΤΡ-Α V M P N TY .•)3>n

v y a Ί Ι τ ι ν ί ΝΙΠ

vmpn

ty

vrrn^n

180

CHAPTER TWO

Rebbi Yohanan was wearing both of them 9 1 in winter when his head was healthy.

But in sommer when his head was not healthy he put on

only that of the arm. But is not that forbidden because of nakedness 9 2 ? Rebbi Hiyya bar Abba said: He wore an undershirt 9 3 under his clothes. When he went to bathe, he was taking them off when he c a m e to the oil sellers 9 4 .

Rebbi Isaac said, he was wearing them up to Jacob, the bath

master 9 5 .

When he exited the bath, they brought them to him.

they were bringing them, he used to say:

96Two

When

caskets were travelling

with Israel in the wilderness, the ark of Him, W h o is the L i f e of the Universe, and the casket of Joseph. The Gentiles were saying: What is the purpose of these two caskets?

Israel was answering them, that is the

casket of Joseph with the ark of Him, W h o is the L i f e of the Universe. The Gentiles were taunting Israel and saying, how is it possible that the casket of a dead person is travelling with the ark of Him, W h o is the L i f e of the Universe? But Israel were answering, because this one kept all that is written in that one. Why did he say that?

Rebbi Hanania 9 7 said, in order to speak some

words of learning. Rebbi Mana said to him: Did he have no other word of learning to say but that 9 8 ? But that was sarcasm, to say that Joseph did only attain kingdom by keeping the commandments of the Holy One, praise to Him, and we received all that glory only because we kept the commandments of the Holy One, praise to Him, but y o u 9 9 want to remove His commandments from us! 91 92

Both

genitals and that is f o r b i d d e n as w e

tefillin.

Since the tefillin

on the arm a r e

shall see later.

[Only in r e c e n t times

worn under the c o a t or shirt, t h e r e is

have tefillin

the

garment

cannot be c o v e r e d by the c o a t sleeves

f r o m his

and the bad habit of praying with the

possibility

that

no

s e p a r a t e s t h e h o l y tefillin

become so l a r g e that they

181

HALAKHAH 3

Hebrew verb map , a few times also

l e f t arm u n c o v e r e d has taken over Ashkenazic congregations.]

loip, is probably from Greek κεντρόω

93

"to sting, vex, goad".

έπικάρσιον, τό, "striped garment".

This must have been a large undershirt

97

A late Galilean Amora f r o m

reaching at least to the upper parts of

Sepphoris (Zipporin), colleague of R.

his legs.

Mana.

94

Latin olearii.

98

95

Cf. Greek θερμασία, ή, "warmth,

he have to repeat the same text over

Since he went frequently, why did

heat.". Rebbi Yohanan would trust his

and over again?

tefillin only into the hands of a reliable

99

Jewish man.

government under Diocletian; for R.

96

This aggadah

Beshallah

4:7,

1, Babli Sota

Uli«?

the Christian emperors.

Mekhilta 13a.

Ν ί π ψ ? >-PN > 3 1 3 ni^n

Mana, the Roman government under

a p p e a r s several

times: T o s e p h t a Sota

For R. Yohanan, t h e Roman

The

ov? ipnç r n

.")<}>>*) T>.}>?

Ν1Γ|

n|

M W v n ì ^ o ? « v i p "ΐψΝ π 1 "»? I O Ì N i n ç *τ> ϊ χ i r i ú

u i i n v n i s » ? υ ^ ι ρ - ι ψ ^ r j r o -IOÌN i n n v w h n

iriiJ N i n y a

ïï1"1?

v n i ^ o ? « V I P "^îf

ΠΠ3ΓΙ

0*13 1 3 1 ) 3 a i r ó n " p ^ a n n p i n ? - » p i I N O ? N ^ N Ì .Kin

.vjPìn l i o v »

- α ϊ ) ? i i n ^ n n o a n n p i n a -»pi

H o w does o n e m a k e the b e n e d i c t i o n s o n t h e m ?

Rebbi Z e r i q a n 1 0 0 in

the n a m e of Rebbi Jacob ben Rebbi Idi: W h e n he puts tefillin

o n his arm,

what does he say: 1 0 1 "Praised 1 0 2 W h o sanctified us by His c o m m a n d m e n t s and c o m m a n d e d us about the obligation of tefillin." o n his head, w h a t d o e s h e s a y ?

W h e n he puts t h e m

"Praised W h o s a n c t i f i e d us b y H i s

c o m m a n d m e n t s and c o m m a n d e d us about the o b l i g a t i o n of putting o n tefillin."

W h e n he t a k e s t h e m o f f , w h a t d o e s he s a y ?

"Praised W h o

sanctified us by His c o m m a n d m e n t s and c o m m a n d e d us to o b e y His laws." That f o l l o w s the opinion that the v e r s e 1 0 3 speaks about the law of

tefillin.

182

CHAPTER TWO

However, according to those who say that the verse speaks about the law of Passover, that does not apply. 100

An A m o r a in t h e g e n e r a t i o n

102

In all formulas of benedictions,

after R. Yohanan and R. Jacob bar Idi.

one has to add a f t e r "praised": "are

The parallels in the Babylonian Talmud

You, o Eternal, our God, King of t h e

are all anonymous.

Universe".

101

In t h e B a b l i ( B e r a k h o t

60b,

103

Ex.

13:10.

In t h a t

chapter,

Menahot 36a) the order of the first two

verses 1-8 speak of the laws of Pass-

b e n e d i c t i o n s is i n v e r t e d ; t h e

over, v. 9 introduces the commandment

benediction

third

never was recited

in

of tefillin.

V. 10, t h e last in t h a t

Babylonia (Babli Berakhot 44b). T h e r e

paragraph, reads: "You shall k e e p this

is a disagreement in principle between

law in its time, nn'O' o ' n ' a "

the two Talmudim. It is clear that the

"law" is t h a t of tefillin,

Yerushalmi requires two

translate "from day to day", m e a n i n g

separate

If t h e

o n e has to

benedictions for the two

tefillin·,

t h a t at n i g h t t i m e t h e law is e i t h e r

therefore, the second

which

inoperative or that it is f o r b i d d e n to

one

completes the action is the important

wear tefillin.

and c o m p l e t e one.

Passover, one has to t r a n s l a t e " f r o m

(Menahot tefillin

In t h e

Babli

36a) it seems t h a t if both

a r e put on together then only

If the "law" is t h a t of

year to year."

The latter m e a n i n g is

t h e usual o n e f o r t h e H e b r e w

ex-

one b e n e d i c t i o n is n e e d e d ; t h e f i r s t

pression, but then it would have been

benediction is t h e one that counts and

rational to expect that verses 9 and 10

has to be recited.

traded places.

[This is Sephardic

and O r i e n t a l p r a c t i c e t o d a y ; A s h -

The Yerushalmi

refrains

from

kenazim recite the second benediction,

attaching names to the d i f f e r e n t inter-

which is strictly r e q u i r e d only if no

pretations.

tefillin are available for one's arm, out

(Erubin 96a), the first interpretation is

of doubt about the situation.

In any

In the Babylonian Talmud

that of R. Yose the Galilean, the second

case, in t h e B a b y l o n i a n s t y l e , t h e

one

second benediction is the minor one.

Y e r u s h a l m i s o u r c e Mekhilta

A s h k e n a z i c p r a c t i c e is an

Simeon

uneasy

that

of

R. A q i b a .

bar Yohai

In

the deR.

(p. 41), t h e f i r s t

adaptation of Yerushalmi p r a c t i c e to

interpretation is that of R. Aqiba and

Babylonian rules.]

the second one of R. Eliczer. Since R.

183

HALAKHAH 3 Aqiba

belongs

to t h e

following

be attributed to Rebbis Y o s e the

generation, the basic disagreement can

ov\? npi

V^Sfl

r>9>)?>

tO)

>to>£>j?ì

ν ^ π n it » n·

3>

^Ί

tn^N

r n

.r»p>n> o > n » o r n y i o ! ? riN^n n ^ i n n TIN Jr?p\{>·) N!

*>?

-»£>£ >>>11 JVN

πφνρνύ

.jiiN

o>p> 'îTO

H^H U 3 N ρ

Galilean and Eliezer.

γρν

D>

?1

VH li*T|?9

£ÏÎ nina^!? Π1Γ1

en? .»i!?>V

.nnin o v

v b y v n o n !?a>f ι τ ι ύ η

n i n a ^ i n i o o v > o n ? IIÌN>

N i n y TIN JIÌN!? q> n > m N i n

Τ

p' τ nt i > > : n ί ο ίΤ » d- n !Τ? n7 -' fΤi n ^

.no>o> o » o· τ>· n h i—d Τ · Τ

m

τ

.•»so ι η ^ Ν ρ

Rebbi Abbahu in the name of Rebbi Eleazar

104

rò yppop

: He who puts on

in the night transgresses a positive c o m m a n d m e n t .

ρ

ρ ..

»qwip

tefillin

W h a t is the reason?

(Ex. 13:10) ""You shall keep this law in its time, f r o m day to day;" "days" not night, "to days" 1 0 5 to exclude S a b b a t h s and holidays. Abbahu sat studying at night with his tefillin on his head!

106

But Rebbi He put t h e m

on the side 107 ; they were like a deposit in his keeping. Some want to say, he only m e a n t not to put them on, but when they w e r e on him during daytime it would be permitted.

Some want to say, let us hear it f r o m

there (Ex. 13:9): "It shall be for you a sign," when you need it f o r a sign, but not holiday or Sabbaths that are all sign. But is it not written "to days" 108 ? You have only what Rebbi Yohanan said: Everything that is not clear one supports f r o m many places 109 . 104

Probably the Amora, student of

statement?

Rebbi Yohanan, and not one of the

107

Tannai'm.

was not fulfilling the commandment of

105

wearing them, but he had them on his

Meaning certain days, but not

Not between his eyes, so that he

all days.

head to keep them since tefillin,

106

holy objects, have to be deposited in

How can he transgress his own

as

184

CHAPTER TWO

safe places.

Simeon bar Yohai, the first derivation is

108

anonymous, the second one is attributed

We do not expect the Torah to

repeat commandments needlessly.

to Rebbi Aqiba. While the discussion

109

here is of Amoraïm, the entire material

Since Ex. 13:10 may a p p l y to

is tannai'tic.

P a s s o v e r , any d e r i v a t i o n f r o m t h a t verse is not clear.

a » n N i n y i TIN

In Mekhilta

deR.

.DD'TIÌJ? JIN

nis ο π ί Ν

l > a » n 13>n r n i n - n o r r i a j m » n roi>

ίηψΝΐ

1Π2Ν r n

ο ^ ν ή .v>>£>Jia a » n r n i n - n n > n a πη>η

r>a !??>>? η η p i o l í n

ο ν ή n » p t n >3-1 . o > » D n

(Deut.

n a !??>η , π η ψ ι η r o v

ìnyn

11:19) "And y o u s h o u l d t e a c h t h e m t o

y o u r sons", and not t o y o u r daughters. 1 1 0 Torah is o b l i g e d f o r tefillin,

.i>»?a

in>o nV) o > > n b nbiy rm>n

.D>0Dn n>7>? i r v o W o m e n from where?

·)»))? o > y ó

A n y o n e w h o is o b l i g e d t o s t u d y

w o m e n w h o are n o t o b l i g e d t o s t u d y T o r a h

are n o t o b l i g e d f o r tefillin.ni

T h e y o b j e c t e d , but did not M i c h a l , t h e

d a u g h t e r o f t h e K u s h i 1 1 2 , w e a r tefillin, m a k e the p i l g r i m a g e t o the T e m p l e

113

and did n o t t h e w i f e o f J o n a h

, and the s a g e s did not object.

Rebbi

Hisqiah in the n a m e of Rebbi A b b a h u : Jonah's w i f e w a s t u r n e d b a c k 1 1 4 , the sages f o r b a d e it to Michal the daughter of Kushi. 1 1 5

110

T h e main d i s c u s s i o n of

this

obliged to wear tefillin.

Naturally, f o r

point appears in Chapter 3:3.

t h o s e w h o d e c l a r e t h a t Ex.

111

speaks of tefillin

T h e proof, explicit in t h e Me-

13:10

and nights a r e not a

khiltot, is really from Ex. 13:9: "It shall

time for tefillin, it follows that

be a sign on your hand and a remem-

is a positive commandment bound to

brance between your eyes, so that the

stated times and, as a general principle,

Torah of the Eternal

women a r e not obligated.

shall be in your

tefillin

However,

mouth, because with a strong hand the

since that interpretation of v. 10 is in

Eternal led you out of Egypt."

doubt, it is not used here.

Hence,

only one w h o is o b l i g e d to study is

112

Saul, addressed as "Kush" in the

185

HALAKHAH 3 heading of Psalm 7.

sacrifices should not be o f f e r e d .

113

114

Obviously, e v e r y b o d y can go to

Not f r o m J e r u s a l e m , b u t f r o m

J e r u s a l e m a n y t i m e he wishes, and w e

presenting h e r p i l g r i m a g e s a c r i f i c e in

k n o w f r o m many s o u r c e s t h a t e n t i r e

t h e T e m p l e s e p a r a t e l y f r o m h e r hus-

families made

band.

the pilgrimage,

in

particular for Passover. W h a t is m e a n t

115

h e r e is t h a t J o n a h ' s w i f e w e n t

wore tefillin

Jerusalem to b r i n g the

to

T h e first statement, t h a t M i c h a l and that the w i f e of Jonah

obligatory

m a d e t h e p i l g r i m a g e , is a t a n n a ï t i c

s a c r i f i c e s in h e r o w n n a m e , e i t h e r

s t a t e m e n t in t h e B a b l i ( E r u b i n 9 6 a ) ,

a d d i t i o n a l to t h o s e of her husband or

and t h e Babli c o n c l u d e s f r o m it t h a t

for herself

w o m e n may

when her husband

a w a y at sea or at N i n e v e h . bring

was

She m a y

n " » n nViv, t h e h o l o c a u s t

e x e r c i s e all o b l i g a t i o n s

that a r e bound to a f i x e d t i m e f r o m

of

which

women

are

freed.

The

a p p e a r a n c e , as a v o l u n t a r y o f f e r i n g ,

Y e r u s h a l m i A m o r a ï m and later Y e r u -

but if s h e i n s i s t s on p r e s e n t i n g

the

shalmi s o u r c e s ( P e s i q t a rabbati

o f f e r i n g as o b l i g a t o r y f o r h e r

pil-

22) disagree. This d i s a g r e e m e n t is not

grimage, then there is a question of t h e

mentioned

legality of t h e o f f e r i n g and d o u b t f u l

argument is rejected.

VN"! Dip)?

N - j p n ο ψ vi' i>y)ìi> " H í p i y D I N ->(it»o> H ï y

r j n s i v i o v>>ari ·|Γώ

in t h e B a b l i ; i. e.,

,ΊΓΡ πϊψ

i j w ïy

nçit»

f o p n HÏ

m\y-¡ η π ί Ν Ο

3 p V ? "Tü

VW V^flfl

oy v*)

Tk> Ι ψ ? ^ ρπ>ί>

rüwy «»Ν

the

o i p n ><m>?> o » ? ->m , ο ί ^ ψ τό·>Ηψ

içib

rp-is - ρ * ! D ^ V r i ^ N v i ο ψ ν * VPVii! V l P i V n v n > Vpnjj ΐπ*ρη

Chap.

tjns

>33 η ί ι ψ n ^ a r i i κ - j p o nnit?

o y vi> v v m >

^ p o i

. " | Γ ώ Ì3>N·)

- i m » ? N y > » t » ? Ν-Τ1 , ^ η - ι ρ

rmiN'b?

ΓΡΓΙ r n o i n - ú n

It was stated

116

: "Entering a bathhouse, in the room where everybody is

fully clothed 117 one may read the Bible, pray 118 , and needless to say, one may greet people119.

O n e m a y put o n tefillin,

and needless to say, o n e

does not remove them. In the room where most people are naked one

186

CHAPTER TWO

may not exchange greetings and needless to say, there is no Bible reading or prayer; one removes one's tefillin

and needless to say, one does not put

them on. Where some are naked and some are clothed there is greeting, no Bible reading and no prayer, one does not remove tefillin not put them on.

and one does

But one does not put them on again until he has

completely left the grounds of that bathhouse." This supports what Rebbi Isaac said about Rebbi Yohanan, that he wore t h e m until he c a m e to Jacob, the bath master. 116

Tosephta Berakhot 2:20; a slight-

ly different version is Babli Sabbat 10a.

rooms were used for social affairs, especially in large cities.

One returns to the problem discussed

118

earlier that tefillin,

This is the reading of the Rome

as objects of

manuscript, the Tosephta and R. Solo-

holiness, cannot be worn on an arm that

mon Cirillo; the Leyden manuscript and

is not separated from one's genitals by

the Venice print have pV'on "tefillin"·,

some clothing. Hence, tefillin

but these are separately mentioned

cannot

be worn when one is naked, or in the

later.

presence of naked people. Prayer and

119

religious study go by the same rules,

formula "peace with you" is that Peace

following the verse (Amos 4:12) "Israel,

is one of the names of God, Jud. 6:24;

prepare yourself for your God".

hence, greeting somebody with oiVw

117

03,l?ï is permitted only under circum-

A Roman bathhouse was essen-

The problem with the greeting

In the hot room,

stances that would allow prayer. The

everybody was naked. In the anteroom,

prohibition does not include greetings

one was cooling down a f t e r the hot

in other languages if the name of God

steam, getting massaged by the olearii,

is not invoked.

tially a sauna.

and putting on one's clothes. The outer

n3>Nì n o n n j i ì o > 3 n ^ o D p >(n-|)? η π ? η n v j n >?-> > i o i p N y ? n>»p-i> >:n irai NO?

η ^ Ν ψ >3 i n n o lDïf

«IN-) >{Γη>ρ η>> - ι ώ ν NapiV

n i » > a Ti^oDp

.TINÎ* ta ΐ>Νψ >£> ï v

Nton

187

HALAKHAH 3 >>3í* >a-> - i o n

. i n ç π ψ Ύ t í ϊ χ η r r n s }τ\η ' y a r o i > > n

.rnr)

,>i!?>v p a p o k^"» n > t 7 > 3 3 n>> - n y n n>p-|> > 1 1 n i n n > o n Rebbi Jeremiah asked b e f o r e Rebbi Zeïra: If it was used as bath h o u s e in s u m m e r but not in t h e rainy season, w h a t is the r u l e 1 2 0 ?

H e said t o

him, a bath h o u s e e v e n if it is not in use, a toilet e v e n if it d o e s n o t contain e x c r e m e n t 1 2 1 .

Mar U q b a 1 2 2 said: a pig is a m o v i n g toilet.

Rebbi

J o n a h 1 2 3 i n v e s t i g a t e d : A p e b b l e o n the sea shore, w h a t is t h e r u l e ? 1 2 4 Rebbi A m m i the p h y s i c i a n 1 2 5 said: Rebbi J e r e m i a h taught that o n e m a y pass it by pylyvs126, 120

but o n e does not trust this ruling 1 2 7 .

May one pray in the room in

Amorai'm, and a s t u d e n t of

Rebbi

which people are naked if the instal-

Jeremiah.

lation is in use?

124

121

The rules of toilets, in which all

on the s e a s h o r e c o v e r e d w i t h ex-

religious acts are f o r b i d d e n , are ex-

crement, when one has to assume that

plained in Chapter 3, both in Yerushal-

some human used the pebble to cleanse

mi (fol. 6d) and Babli (Berakhot 26a).

himself a f t e r d e f e c a t i n g , but in the

122

It is questionable whether this is

a statement of Mar Uqba, Resh

Galuta

meantime waves covered the p e b b l e many times and it does not smell any

(Head of the Diaspora) in the time of

more?

Rav.

125

The author of the statement is

May one pray next to a pebble

An Amora about whom nothing

either Rabbana Uqba, grandson of Mar

more is known.

Uqba and Rav, or, more likely, Rav

126

Uqba bar Hama, student and son-in-law

pileus, pilleus, "bonnet, felt hat", also

of Rav Hisda.

In the Babli (Berakhot

Greek πίλινος "of felt", πιλίον "a band-

25a), the statement is attributed to Rav

age" (E. G.). The reading of the Rome

Papa, student of Rav Hisda's student

manuscript is ojî'Vo. The word appears

Rava (brother-in-law of Rav Uqba bar

as ovV» in Mishnah Niddah

Hama).

there explains the word by old French

123

Head of the Yeshivah of Ti-

Perhaps compare

orel, a scarf; Arukh,

ovVb to

Latin

8:1; Rashi

in its I t a l i a n

berias together with the Amora Rebbi

translation ossi, means a scarf used to

Yose, of the f o u r t h g e n e r a t i o n of

cover the mouth.

The

meaning

188

CHAPTER TWO

therefore is that Rebbi Jeremiah coun-

127

sels to cover one's face with a scarf.

rejection of Rebbi Jeremiah's statement

(Musaphia reads pallium,

is from Rebbi Ammi the physician or

"coverlet,

gown.")

It is not c l e a r w h e t h e r

the

from the editor of the Talmud.

i n a ÌOÌN

. ' í o y Π ^ Ο Ν IDS ì n w rp)?*v - u m i n ο ψ α

>?j) »33? ΓΡΝ . v i i ? r>3',v> i r í a w

VN - ; , ' i o y ri3'\y l i n i ΊΨ>

t

η ρ τ INO ,ΝΠ>) γ ι π ν o y a 1 0 7 I N » Ί 3 N 3 N N)3>>Î3

> 3 1 ">£N

n^pN

>>3^ JI>N .ΤΙΠΝ

,>ÌÌ»V 13>N"!

τρα»?

ΝΠ O ' O ^ f l Έ ψ T ) . ? ? rù->DH ì o ?

Rebbi Zeïra in the n a m e of Abba bar Jeremiah 1 2 8 :

Π>)3-)>

O n e m a y eat a

snack while wearing t h e m 1 2 9 , but o n e m a y not eat a regular meal while wearing them; o n e m a y d o z e 1 3 0 while wearing them, but o n e m a y not sleep while w e a r i n g t h e m .

S o m e T a n n a i m f o r m u l a t e : O n e s a y s the

benediction once; s o m e Tannaim formulate: O n e says the b e n e d i c t i o n twice131.

H e w h o says o n e says the benediction once, h o w can he be

right? H e w h o says, one says the benediction twice, because he ate and then they are not on him.

Rebbi Zeïra said, Abba bar Jeremiah talks

about one w h o eats only snacks. 128

A Babylonian Amora (in the

part of his statement, about sleeping, is

Babli he has a title and is called Rabba

introduced as an anonymous tannaitic

bar Jeremiah, short for Rav Abba bar

statement (]ian un).

J e r e m i a h ) , a s t u d e n t of Rav and

129

possibly the son of Rav's companion

which does not involve bread. The rule

Rav Jeremiah bar Abba.

about eating is not mentioned in the

From the

The tefillin.

A snack is a meal

following it is clear that Rabba bar

Babli; hence, the Babli agrees with it.

J e r e m i a h q u o t e s t h e r u l i n g as a

130

traditional one from Tannaïm, not a

and not sleeping." The Babli forbids

new amoraic ruling.

both dozing and sleeping.

(Berakhot

2 3 b , Sukkah

In the Babli 41b), t h e s e c o n d

131

Dozing is defined as "sleeping

It is also possible to read

189

HALAKHAH 3 "several times" but the discussion in the

benediction is recited (at least) two

next sentence mentions "two times".

times a day.

The entire sentence is a continuation of

(except for a fast day) one has to eat,

the first statement

hence one has to take off one's

of

Abba

bar

The o b j e c t i o n is that

tefillin

Jeremiah; he is r e p o r t e d by R e b b i

and put them on again, ccrtainly with a

Zeïra to have said that one may eat a

benediction.

snack and doze while wearing

tefillin,

people eat only snacks during daytime;

R. Zei'ra t h e n r e p o r t s t h a t

some

hence, it is proved that the T a n n a

The anwer is that some

Tannaïm require that one recite the

agrees with Abba bar Jeremiah that for

benediction over tefillin

a snack one does not have to remove

but

some

v m TTS

τ

>ii»y

others

·

once a day,

say

that

the

his tefillin.

i n TaT t !n D > o n ji>3î? d iτ nτ o j··dτ>·

:

n 3τ n- m

ο γ· ή: N -τp *y t: >3-» · · Ύ

ι>ηπ "TD . y j i r ò η>> 3>η» rnq n n > 3 i o s » ? rnn 7 5 i i n v >3-»

0 > £ Π Γ Ρ 3 > D*TN

n>)3-|? *13 N 3 N ty NJ>>? NJVÎJpÇ

i n ? n n p - p n a N 3 n ν 9 > > p n*VVì > 3 1 ί ο ν nn>? H i n n n ^

."P3 >Nj? Π)Γ)

,ίη?

inapì

. y a - p a y HÌ n ^ a p ^ j

ÌND •Ito

Rebbi Zeïra in the n a m e of (Rebbi) Abba [bar J e r e m i a h ] should not enter a urinal 1 3 3 with his b o o k s or tefillin Yohanan, w h e n he had a b o o k W h e n his tefillin

in his hand.

:

A person

in his hands.

Rebbi

in his hand he g a v e it to s o m e b o d y else.

w e r e o n him, he stood in t h e m 1 3 5 .

with Abba bar Jeremiah: tefillin

134

132

A baraita

disagrees

A m a n m a y enter a urinal w i t h his b o o k s or

Rebbi Zeïra said:

A b b a bar J e r e m i a h r e f e r s to o n e

case w h e r e he can wear them, and to another case w h e r e he c a n n o t w e a r them136.

For if he cannot perform a mitzwah

w i t h t h e m , w h y s h o u l d he

degrade them? 132

W h i l e all sources h a v e h e r e

Jeremiah". This is also required since

"Rebbi Abba", the continuation shows

the next statement of Rebbi Z e ï r a ,

that one must read "(Rav) Abba bar

unrelated

to t h e

subject

under

190

CHAPTER TWO

discussion, is only q u o t e d b e c a u s e it

134

also is in t h e n a m e of A b b a

book of sermons.

bar

Jeremiah. 133

135

R. Eleazar Askari (followed by

Pene

In t h e Babli (Berakhot

Moshe)

23a), a

The Babli (loc. cit.) r e p o r t s that

Rebbi Y o h a n a n put t h e tefillin

w a n t s to i d e n t i f y t h e

in a

pouch which he k e p t in his hand , not

"house of water" with a toilet since in

that he was w e a r i n g t h e m .

Arabic a toilet is called ksVk n'a "house

Babli does not s p e a k a b o u t a u r i n a l

of w a t e r " , but L. G i n z b u r g a l r e a d y

(with c a n a l i z a t i o n , a f t e r t h e Roman

noted that this is impossible; in t h e

f a s h i o n ) b u t of a t o i l e t , i. e., an

Yerushalmi as in the Babli a toilet is

outhouse.

c a l l e d Koan n'a .

unknown in Babylonia.

(Sanhédrin

In t h e T o s e p h t a

4:8) it is stated that a king,

But t h e

Roman c a n a l i z a t i o n w a s Hence, the

seemingly parallel passages in reality

who has to write f o r himself a Torah

deal with different subjects.

that has to accompany him everywhere

136

(Deut. 17:19), may not t a k e the Torah

in the Babli (loc. cil.) in the n a m e of

with him to the "house of water". This

Rebbi Zera (Zeïra).

rule is quoted in Babli Sanhédrin

This distinction is also reported

If one takes off

21b,

the tefillin in the evening, when t h e r e

in the reading of R. Hananel and ms. ρ,

is not time a n y m o r e to put t h e m on

in the formulation t h a t he t a k e s t h e

afterwards, one must put the tefillin

Torah

a designated bag or chesi so as to treat

with

him

neither

to

the

b a t h h o u s e , nor to t h e t o i l e t , nor to

them

urinate.

disrespect is only authorized if

Hence, t h e t o i l e t a n d t h e

"house of w a t e r " a r e two d i f f e r e n t

with

respect.

in

Temporary tefillin

have to be ready for immediate use.

things.

wpjpn

."pn-pai iriiN

v r o I D > T 3 C £ IJIÌN ι>33ή) v>n r m w í o a

ν η 0 3 ? i D I N Nn»w inN

n y y ç ÍÍIÍN y v N ^ b i

v p D i » ? Ν η > ψ Nirr» I Ç N n v j k

n a p Nin τ \ φ

."pa - p i y

ηψίν r m a \ ? l a v i van

n u n i ? ^ -ion

.vpra

ο ν ή ΝΠΝ ->a i p i > ?

,-πον

n s oi»a

v*

i ? y\¿iin> > 3 1 7 n n ? -13

ni?!? * > r p w dü\? η ç

,ia>

l J J ^ i na\?

,γό ϊψ

191

HALAKHAH 3

First they w e r e giving t h e m 1 3 7 t o others; t h e s e w e r e t a k i n g t h e m and fleeing.

T h e y d e c r e e d that o n e s h o u l d put t h e m in h o l e s in t h e w a l l .

W h e n that incident 1 3 8 happened, they d e c r e e d that a person should e n t e r and k e e p t h e m in his hand. Rebbi Jacob bar A h a 1 3 9 in the n a m e of Rebbi Zeïra said: but o n l y if there is t i m e l e f t during the day to put t h e m o n again.

But if t h e r e is n o t i m e l e f t in t h e d a y t o put t h e m o n , it is

forbidden. For if he cannot perform a mitzwah

with them, w h y should he

degrade them? Maisha (Moses), grandson of R. Joshua ben Levi, said:

He

w h o w a n t s t o d o it right, m a k e s f o r t h e m a pouch the size o f a handbreadth and puts t h e m o n his heart 1 4 0 . What is the reason? ( P s . 16:8): "I put the Eternal always b e f o r e me." There 1 4 1 they say: H e w h o is not like Elisha of the bird's wings should not put o n 137

T h e tefillin,

when s o m e b o d y

tefillin.

relating to a urinal.

was entering a toilet. In the parallel in

140

the Babli (Berakhot 23a), it is not

case of need one can put the tefillin

mentioned that first one had to hand

the pouch and c a r r y them h a n g i n g

the tefillin,

which r e p r e s e n t a con-

under his outer garment, the s t r a p

s i d e r a b l e m o n e t a r y worth, to o t h e r

going around his neck. Since one needs

people.

the pouch a n y h o w f o r s t o r i n g t h e

138

The i n c i d e n t is d e c r i b e d

d e t a i l in t h e Babli (loc.

cit.):

prostitute found a pair of tefillin

A pouch with straps so that in in

in

tefillin during nighttime, the counsel of

A

Rebbi Maishe is only to put the straps

in a

on so that the pouch can be used also

hole near a public toilet, took them,

during daytime.

T h e Babli

(24a)

and b r a g g e d publicly that she had

forbids expressly to have the

received them for her services from a

hanging on its own straps (not those of

certain holy man who then committed

a pouch).

tefillin

suicide as a consequence of the public

141

scandal.

the Babli (Sabbat 49a) reads:

139

A colleague of Rebbi Z e ï r a .

Yannai said: Tefillin need a clean body,

The argument here, relating to a toilet,

like Elisha of the bird's wings." R. Z.

is p a r a l l e l to t h e p r e c e d i n g

Frankel points out that at the start of

one,

In Babylonia.

The p a r a l l e l in "Rebbi

192

CHAPTER T W O

f o l . 4c, t h e Y e r u s h a l m i q u o t e s t h a t

he held in his hands, he said: "a c o u p l e

"Rebbi Y a n n a i s a i d : Tefillin

of bird's wings." When he was o r d e r e d

need a

clean body"; h e n c e , t h e r e f e r e n c e to

to open his hands, two birds f l e w a w a y

Elisha of t h e b i r d - w i n g s is r e a l l y a

and his l i f e w a s s a v e d .

Babylonian addition. T h e story is told

shows again that tefillin

only in t h e Babli, loc. cit., t h a t Elisha

supposed to be larger t h a n a b o u t

w a s w e a r i n g tefillin

of an inch square.)

w h e n , in t h e

a f t e r m a t h of t h e w a r of Bar K o k h b a , w e a r i n g tefillin

(This story

cases w e r e not 3

/gth

The implication of this Babylonian

was a c a p i t a l c r i m e .

ruling is that nobody can b e e x p e c t e d

But he took t h e m off w h e n he saw a

to k e e p his body p e r f e c t l y c l e a n f o r

policeman and kept t h e m in his hands.

v e r y long; h e n c e , tefillin

W h e n t h e p o l i c e m a n a s k e d him w h a t

removed a f t e r prayers.

n^v?"} J i i n a p r i n > a > d i n >31 n j p ^ i

should be

η>ϊρη> n a N a N a i o y > a n - I > w

.inwiy « η ρ

l o w n r o n vty ρ

n a >t>i> n a l i v p w >3-)"τ n > t n ì > >ioip (foi. 4d) N a n N>>n > 3 1 n>> - d o n

π ψ ν ONI .D^

ιοί*

v n i n j v >3*11 N a n

N>>n

. n n a p b y y t > ? » IJUV > 3 1 rrçrn N » i i p £

y u > N ν η ο η ι n>> ~ » ? n

v p > y > 3 p s > N l 133 V>3>N

*ya>o yii>N p t ?

, i m > TIN r t i n p > n>> I O N

. n o ì N p o > y 7 i > OO>N o ^ j a n · » a n ? ρ

N b 01!??

1Ϊ7>3ΝΨ C P P N S T J 1;>N Ì J I I O » ^ 0 > V 7 Ì > D>»NFL >3

- V I V J^N 1>N VITT!?

V?>£>N$ ο > ν ψ " ! Π i ^ N n ç i N j p d>V7ì> D3>N c p j i a r n

.o«n ι » η ρ

>?

. ο > π η i>>mp 1 0 , * 0 3

o > n n i » n î ? i n > » n a î!7>£>NI o > y \ $ h n #

l D > » n a Ì!?>?NV> -»pN»î a>3iDi 7in>ri n o >ri>wy

Ί!?>Ν N £ N ,o>»n i > ? m p

I^jvoa

Π Η n » r i >?•)

. n n n n i n a >PÛON N ^

i^ayi o>p>i3n$

.o>nn

,*ÌON> a p y > > i ρ η > > > ο π η ^ Κ ! ? >nv3V>? ">V>N > η Ν η N M >η>3τιηψ n ç - ^ D J i i a N b

^

^ON

v>np V^N IÇN^

.0?>"1Γ)Ν O3>3A>

Rebbi Zeïra in the name of Rav Abba bar Jeremiah: A person may not enter a cemetery and relieve himself there. 1 4 2

When he did it anyway,

about him the verse says ( P r o v . 17:5) "He w h o makes fun of the poor

193

HALAKHAH 3

blasphemes his Maker." 143

Clarification: The great Rebbi Hiyya and

Rebbi Jonathan 1 4 4 were walking before the bier of Rebbi Simeon bar Yose bar Laqonia when Rebbi Jonathan stepped over his grave. The great Rebbi Hiyya said to him: About that they will say, tomorrow they will be with us but they hurt us. He answered him, do they know anything? Is it not written: (Prov. 9:5) "But the dead do not know anything." He told him: you know how to read, you do not know how to preach. {Prov. 9:5) "The living know that they will die", these are the Just who even in death are considered living; "but the dead do not know anything;" these are the wicked who even in life are called dead. From where that the wicked even in life are called dead? It is said (£z. 18:32) "For I have no pleasure in the death of the dead;" how can a dead person die? But these are the wicked who even in life are called dead. And f r o m where that the Just even in death are considered living? It is written (Deut. 34:4) "And He said to him: This is the land I had sworn to Abraham, Isaac, and Jacob, to tell." Why does the verse say "to tell"? He said to him: go and tell the patriarchs that all I had promised I fulfilled to your descendants after you. 142

T h e c o n n e c t i o n with t h e pre-

graveside sermons a r e unacceptable in

ceding section is that this is a statement

Judaism since the dead can no longer

of Rebbi Ze'ira in t h e n a m e of Rav

have any Torah thoughts.

Abba bar Jeremiah, and it speaks about

144

relieving oneself.

the first generation

143

He who relieves himself in the

s t u d e n t of R. Simeon b a r Yose b a r

cemetery makes fun of the dead two-

Laqonia, a preacher of the last gener-

fold; first he shows his contempt f o r

ation of Tannai'm who was the brother-

the dead and then he does something

in-law of t h e son of R. Simeon bar

that the dead can do no more.

Yohai.

Even

The greatest of the preachers of of

Amorai'm,

194

CHAPTER TWO

oyfcj Π > Ν > : n

'5ΓΙ

JVN·) ,-iw? >?ri

-rcn i o

.!>?)?!?>?

n>N . n v j i w n 19 i j n v m

.ron*

. r o n * qiON

:n>V

o v a pvpyi >:n wrrwrçm linnet

If one connected the letters 145 ; there is a Tanna who stated: it is valid, and there is a Tanna who stated: it is invalid. Rebbi Idi 1 4 6 in the name of Rebbi Simeon in the name of Rebbi Yohanan: He who says it is valid, below; he who said it is invalid, on top. For example, umxsn ,υχηχ . "|jnx is questionable, "imxsn is questionable. 145

One speaks h e r e about writing

tefillin, mezuzot

and Torah scrolls, not

about wearing t h e m .

T h e main dis-

cussion is in Yerushalmi Megillah

completely

written

and

its

foot

accidentally touches the following letter, as with a slightly too long foot

1:9;

of ι in 13, one may s c r a t c h off t h e

h e r e it is quoted since it is somehow

superfluous length and has a complete

connected with the topic of tefillin

acceptable letter.

but

But when a l e t t e r

mainly b e c a u s e it b e l o n g s to a se-

has its head elongated, so that from the

quence of statements by Rebbi Idi in

start the letter was not standing f r e e ,

the name of Rebbi Simeon in the name

then

of Rebbi Yohanan, which belong to the

scratched out and the w r i t i n g has to

topic of prayer.

T h e e x p l a n a t i o n of

start anew. The questionable case is a

this p a r a g r a p h

follows the

situation with a letter that is hanging

p r e t a t i o n of Rashba

inter-

(Solomon

ben

Adrat, Responso, vol. 1, #711).

the entire l e t t e r

has to

be

down below the line, as in t h e combination -|n when the small foot of η

The problem is the legal status of a

meets the d o w n w a r d stroke of η . In

holy text in which two l e t t e r s touch

that case, the n was complete but the "]

one another. The Babli states (Menahot

was not; this case remains unsettled (i.

49a)

e., f o r p r a c t i c a l r u l i n g s b o t h l e t t e r s

that

every

letter

must

surrounded by white parchment.

be The

have to be erased and rewritten.)

Yerushalmi has no equivalent statement

146

but one may assume that it subscribes

Galilean A m o r a in t h e Y e s h i v a h of

to t h e s a m e s t a n d a r d .

Rebbi Ammi. The Rebbi Simeon here

It is a l s o

required that a letter should be written, not carved out.

Hence, if a l e t t e r is

A Babylonian who became a

is Rebbi Simeon ben Laqish.

195

HALAKHAH 3 niai cripta o i n

"Tioy?

ljni>

λ :pr>Nn|3 o > i ? o y n n

y

ÌW*'

VV· » a i

n n ? H2H >?-) I Ö N o y p η ©

R e b b i Idi in t h e n a m e of R e b b i S i m e o n in t h e n a m e of

Rebbi

147

: No m a n should stand at an elevated place and pray. W h a t is

the reason?

Rebbi A b b a the son of R. P a p p a i 1 4 8 said: ( Ρ s. 130:1) " F r o m

Yohanan

the depth I call on You, o Eternal!" 147

These a r e t h e c o r r e c t names,

appearing in the parallel in

Megillah

1:9 and in the Rome ms. here.

The

noi' 'τ ο®3 Ilvo®. 148

It seems that the name must be

"son of Rebbi

Pappai"; t h e G a l i l e a n

parallel in the Babli (Berakhot 10) is

Amora Rebbi Abba lived a generation

aatributed to Rebbi Yose ben R. Hanina

b e f o r e the Babylonian A m o r a

in the name of the Tanna Rebbi Eliëzer

Pappi, one of the successors of Rava.

ben Jacob.

rjn*·)

Venice print: 'Ί3 »vu 'τ

D I N -Titty? N > l i n v >a*ì o w ? liVttw

-ιίηψ

Rav

>i~) - i o n

.!?N-W> q ^ N

V a n n i N ^ v n o>£>>\?n 1 » .!?tap?

o w ? >-PN "pan o y o

o^Çf ON V P î ?

ï y

ION

nn ηψΝ?

.Vî?l? "»ö'Jn NID

Rebbi Idi in the n a m e of Rebbi Simeon in the n a m e of Rebbi Y o h a n a n said: No man should pray when he has an urge to go to the b a t h r o o m 1 4 9 . W h a t is the reason? ( A m o s 4:12) " P r e p a r e yourself b e f o r e Y o u r God, o Israel!" Rebbi Alexandri said: (Eccl. 4:17) "Watch you feet when you go t o God's house"; watch yourself f r o m the drops that drip f r o m b e t w e e n y o u r feet. That means, for urine. But for defecation, if he can b e a r it, let him bear it 1 5 0 .

149

In the Babli (Berakhot 23a) this

Jonathan.

appears as a statement of R. Samuel

(Berakhot

ben Nahmani in the name of Rebbi

150

It is r e a l l y a T o s e p h t a 2:18).

The Babli disagrees and states

196

CHAPTER TWO

that prayer is only permitted when one

the bathroom (about a 70 minutes'

is able to walk 4 mil without going to

walk).

ira ^ Ν3Ν

nçN

T1V1

i > r i - r ç w ? qîwn - n o y ) ΝΠΝ > : η OW? " a * *U a p v ï >3"» - t i n o Νπ^ιψ

n>a !?ί< í o p ? Ν η ^ ψ ρ ywv

η ν γρ?"!? >a*i i o n

JH>V>a

ηίοψ

q i s n p o >γρ . : ρ - α ïï"pp)? >n>

i m > > nvyj n n

Tiyvp inri>)p η ^ ψ ψ c h n η ψ κ

.ma'? .ijijvr?

Rebbi Jacob bar Abbai

151

in the name of Rebbi Aha: (Eccl. 4:17)

"Watch you feet when you go to God's house"; watch yourself when you are called to God's house 152 that you should be pure and innocent. Rebbi Abba said: (Prov. 5:18) "Your fountain shall be blessed", your being called to the grave shall be blessed. Rebbi Berekhiah said (Eccl. 3:1 ): "A time to be born and a time to die", hail to the man whose hour of death is like the hour of his birth; just as at the hour of his birth he was innocent so at the hour of his death may he be innocent. 1S1

An Israeli Amora of the last

generation.

also a statement of R. Samuel bar

His statement is placed

Nahmani in the name of Rebbi Jo-

here since it gives a different inter-

nathan, i. e., of the first generations of

pretation of the last verse quoted

Israeli Amorai'm.

before.

152

In the Babli (loc. cit.) this is

>3*1 .NiP ( n n i N τ τ η τ η

N^JÌ ν η ψ m

>?-η N3> n n i N > o v >31 n > j i v T i i N 3 p i p i oip)?> -mn> n y o ) í o p

I. e., when you die.

íO

fop N^.ipD

hw ν*?

ΝΊίρη

rm>»

Ν!? UOÍN t o w

^Φ^?

•πνφψ

HALAKHAH 4

m

Mishnah 4: He who recited the Shema' and did not make his ear hear, (Rebbi Yehudah says that) 1 5 3 he has fulfilled his obligation, Rebbi Yose says that he has not fulfilled his obligation. If he recited and was not exact in its letters 154 , Rebbi Yose says that he has fulfilled his obligation, Rebbi Yehudah says that he has not fulfilled his obligation. He who reads backwards has not fulfilled his obligation.

If he recited and made a

mistake then he should return to the place of the mistake. In t h e s e p a r a t e Mishnah at the

anonymous s t a t e m e n t , but f i v e lines

start of the chapter (fol. 4a), as well as

further down quotes the Mishnah (firn )

in most Mishnah and Babli manuscripts,

as: 'He who recited the Shema' and did

the words in parenthesis a r e missing.

not make his ear hear has f u l f i l l e d his

However, in some manuscripts both of

o b l i g a t i o n , t h e s e a r e t h e w o r d s of

Mishnah and Babli, the words appear.

Rebbi Yehudah.' One of the editors of

153

that t h e

18th Cent, editions of the Talmud, R.

editors of the Yerushalmi did not read

Joel Sirkes k n o w n as Bah, w a n t s to

the words in parenthesis and, maybe,

cross out the last part of the quote, but

considered the full text as a baraita.

A

the Yerushalmi shows that two versions

similar instance a p p e a r s in the Babli

of the Mishnah did exist and, since it is

(15a) w h e r e the Mishnah is presented

impossible to write two versions at the

It seems f r o m the Halakhah

in this form: He who recited the Shema'

same place, one is quoted as a separate

and did not m a k e his e a r hear has

Mishnah and the other in the text.

f u l f i l l e d his o b l i g a t i o n ,

154

and

the

Gemara two lines later treats this as

>3*η η η π ρ i oτ n ·s s n o- i Ν » η >2-1 tú

ρ

nn p b ì

I. e., h e m i s p r o n o u n c e d

slurred.

,!?(?π>

n ? 7 ? ro^D

, > o v > ·3 -· 0: Π3!?η r mτ n > >2-n TT-: υ ι π V0V

Ν ^

or

>2-»

3*Ï :T n a i n

. n oτ j τi o: d· r oτi >τ n- : >oi>

" ρ ^ ΐ ψ η ? " ! ? ΓΟ^Π a i

ï y p j p ί η υ ν ρ η ? ! ? ΓΟ^Γ) DO>O>

ρ ο ί ο } "VNO r n

to>ο> ow?

Halakhah 4: Rav said: practice follows both of them for leniency 155 . If it were not so, what could one say? An anonymous statement and Rebbi

198

CHAPTER TWO

Yose, practice follows the anonymous 156 . Rebbi Yose and Rebbi Yehudah, practice follows Rebbi Yose 1 5 7 . So why does Rav have to say, practice follows both of them for leniency? Because he had heard Rebbi Hiyya formulating it in the name of Rebbi Mei'r 158 , he has to say that practice follows both of them for leniency. 155

In the Babli (Berakhot 15b), this

Sages and t h e r e f o r e has t h e f o r c e of

is a statement of R e b b i T a b i in t h e

law.

name of Rebbi Josiah; the latter was a

157

s t u d e n t of R e b b i

Babli, Erubin 46b. It follows that the

Yohanan.

The

This is also the position of the

s t a t e m e n t in t h e Babli is a c c e p t e d

statement of Rav seems superfluous.

without discussion because, as Rav Haï

158

Gaon points out in his commentary, the

Mei'r s t a t e s t h a t t h e o b l i g a t i o n of

Talmud previously did establish t h a t

reciting Shema' "is in the mind"; this

the first statement is Rebbi Yehudah's

implies that one does noi have to hear

and, t h e r e f o r e , the question a s k e d in

what he himself is saying.

the Y e r u s h a l m i has no p l a c e in t h e

Mishnah or an e q u i v a l e n t is n e v e r

Babli.

quoted in the name of Rebbi Mei'r, R.

In t h e Babli (loc. cit.),

Rebbi

Since t h e

One may assume that the fact that

Z a c h a r i a h F r a n k e l w a n t s to c o r r e c t

the ruling is attributed to a Babylonian

"Rebbi Mei'r" to "Rebbi Yehudah" and

in the Yerushalmi and to a Galilean in

considers t h e s e c o n d v e r s i o n of t h e

the Babli is intentional, to show that

Mishnah in b o t h T a l m u d i m as t h e

this is the universally accepted practice

Mishnah of Rebbi Hiyya, in contrast to

[necessary,

the

because

in

general

Mishnah

of

Rebbi

that

is

borrowing l e n i e n c i e s f r o m o p p o s i n g

f o r m u l a t e d anonymously.

points of view is frowned upon.]

there is no textual support f o r such a

156

Here, the Yerushalmi uses the

Mishnah w i t h o u t t h e c l a u s e

which

However,

theory. Practice follows Rebbi Yose e v e n

identifies Rebbi Yehudah as the author.

against

An a n o n y m o u s

statement of Rav is necessary f o r the

statement

in

the

Mishnah gives t h e consensus of t h e

Rebbi

Mei'r;

first part of the Mishnah.

hence,

the

199

HALAKHAH 4

>ov >3*1 V7»>n ,>pi> >3i> -ìpiN

>3*11

nio

>»>

n^i

iiw!? ρ ρ ψ η N ^ l V ç y

13W?

i3>ir) >pv >3*1 ->&ν .nvi >pi>

IP

^ri

ronn : n don .ns>

ΐΝψ νγι .νηψ na 3>π;π vnvp >çi> >31"! 133-1 vv>?

>317

>no ,rm*»n te iNy) κ>η >ιπ N>n >pi> >3ΎΤ nino 11 -inn /•OD?

nç

lypv» .vnì^n!?

'pi 1

It was stated: "He w h o did pray 1 5 9 and did not make his ear hear did fulfill his obligation." For whom do w e need that? which statement of Rebbi Yose? recites the Shema'

For Rebbi Y o s e !

For

For that which w e have stated: " H e w h o

and did not m a k e his ear hear has f u l f i l l e d his

obligation, Rebbi Y o s e says that he has not f u l f i l l e d his obligation." Mattanah 1 6 0 said: That formulation is Rebbi Yose's.

Rav

Rebbi Y o s e 1 6 1 said:

W e could be of the opinion that the rabbis and Rebbi Y o s e disagree only about Shema'

since there it is written: "hear!", but not about any other

obligations. Since Rav Mattanah said "that formulation is Rebbi Yose's", it is the same f o r all obligations.

W h a t is the reason of Rebbi Y o s e ?

(Ex.

15:26) "Bend your ear to His commandments", your ears should hear what your mouth says. 159

T h e thrice daily Amidah

160

This

paragraph

and

prayer. the

o b l i g a t i o n of r e a d i n g the Megillah

if

fol-

one d o e s not hear w h a t he himself is

l o w i n g d o not really b e l o n g here, they

saying. Hence, the general consensus in

r e f e r to the Mishnah Megillah

Megillah

2:4: " T h e

insane, the d e a f and dumb, and minors cannot read the Megillah

( f o r others)".

of

is i d e n t i c a l w i i h the o p i n i o n

Rebbi

practice,

Yose

in

therefore,

The

Berakhot. should

follow

Rav Mattanah notes that, obviously, one

Rebbi Y o s e f o r s t r i n g e n c y , in contrast

does not mean a deaf and dumb person

to R a v ' s s t a t e m e n t in t h e

w h o cannot talk, but a deaf person w h o

paragraph.

cannot hear.

Since the Mishnah

is

anonymous, it must be the consensus of the Sages that o n e cannot f u l f i l l t h e

161

The

A m o r a , one of

preceding

the

pilers of the Jerusalem Talmud,

com-

200

CHAPTER TWO

.Γφη>

-içn

NJV3JU3

.N>n ytty

i n ^ n

.Vinn I N ?

Ν ^ τ ρ η 3 7 -IION

n>îtt D i o n e a Nipn 37 ni>7 N7?t>o>p >pi> >37 i ç n

,·>ρν

ï y lia >373 >pi> >37 ION ,Ν>Π ->OV >3*17 ΝΤΟΠ a i own N3>?n >37 ON

NJV3J1 N'b]

N31>>P7j2

NJW>)?n

13>3ΓΙ7

>a-?7 Ν>Π7 Λ)ΟΤ)>Ν

njvari N^i N3j>>nnN NJW>>?D l^aïi ΝΠΙ .nipmjp îrDomj? VNV> o m ,N>n >pi> >377 in>n 7910 ΝΠ ODßV R a v Hisda said: T h e deaf and d u m b person is not m e n t i o n e d , it is a f o r m u l a . 1 6 2 Then the Mishnah might be Rebbi Yehudah's. Rebbi Y o s e 1 6 3 said: It is reasonable to think that Rav Hisda c o n c e d e s that the s t a t e m e n t f r o m Terumot

is f r o m Rebbi Y o s e 1 6 4 .

Rabbi H a n i n a said in the n a m e of

Rav Hisda, this o n e is by Rebbi Yose. Rebbi Y o s e bar Rebbi A b u n said: It must be said that that o n e is Rebbi Y o s e ' s s i n c e w e h a v e stated the first f i v e cases and did not include it 1 6 5 , because their terumah

is n o

terumah.

Then w e h a v e stated the f i v e later o n e s and did not include it. S o in the end y o u must say, that o n e is by Rebbi Y o s e 1 6 6 .

162

Since in all legal m a t t e r s the

person of sound mind can consecrate

insane, the deaf and dumb, and minors

terumah.

The first Mishnah in tractate

are equally incapacitated, the people

Terumot

reads:

who had to m e m o r i z e "insane and

people cannot consecrate terumah

"Five c a t e g o r i e s of and

the

if they did it anyhow, their actions are

phrase in their memories to "insane,

null and void: the deaf and dumb, the

deaf and dumb, and minors". After this

insane, minors, one who is not t h e

correction, the Mishnah in

owner, and a non-Jew."

minors" a u t o m a t i c a l l y c h a n g e d

Megillah

The sixth

may well be Rebbi Yehudah's.

Mishnah then reads: "Five categories

163

The Amora.

of p e o p l e s h o u l d

Terumah, the heave, is the first

terumah (since a priori it requires the

gift of grain to the Cohen f r o m the

recitation of a benediction) but if they

new harvest. There is no amount fixed

did it anyhow their actions are valid:

for terumah in the Pentateuch; it must

the speechless, the drunk, the naked,

be c o n s e c r a t e d e x p l i c i t l y .

the blind, those impure by emission of

164

Only a

noi

consecrate

201

HALAKHAH 4 semen." In between it is explained that

Terumot, explaining that the deaf who

win means a deaf and d u m b p e r s o n

is able to speak can give terumah,

who is not legally capable of acting but

to be formulated separately and could

has

that the deaf who can talk belongs to

not be included in the sixth Mishnah

the same category as the second group

since the first and sixths Mishnayot a r e

of five.

Rebbi Yose's who will o b j e c t to t h e

165

inclusion of the deaf-but-not-speechless

The case of the deaf who is able

in the second group.

to speak. 166

Hence, the second Mishnah in

USO

.m T n>? 0 9 7 1 N I

.qiic? η ψ ν ->ψΝΙ Ν Π Ν m

These need careful attention: bësâdëkhà,

waävadtem

mëhëfâh,

ty

In the Babli (Berakhot

, ρ ν τ ρ τ i n * t>H

ο ν ή Μ>3Γ) >3"» , η ρ ο ? ^ al-lëvàvëkhâ, hakkänäph

Rebbi H a n i n a in the n a m e of Rebbi Aha: âser 167

^

>319

al-lëvavkhem, petti,

nisBa'

etkhem

ésev mèerez167.

ädonayiM.

15b) this

t e c h n i c a l t e r m n m D "logically con-

list is an appendix by Rava to a baraita

sistent" in the Babli a p p e a r s as l a m o

stating that in reciting the Shema' one

"connected" in Y e r u s h a l m i Peah

has to d i f f e r e n t i a t e between identical

fol.l6d. It does not m a k e any sense to

sounds. There is no problem with the

derive i n n o f r o m Aramaic "inn "pale".

words in Shema' where final and initial

Hence, Galilean Ί3Π» sounded n i n a in

1 and m clash.

Babylonian ears. (Possibly both 3 and 3

More of a problem is

the clash of soft and hard s ,3 .

The

2:1,

were pronounced as "b" in Babylonia,

late Prof. Y. Kutscher pointed out that

as they still a r e

in classical Arabic t h e r e is a tendency

Jews from Arabic speaking countries.)

to pronounce f b as bb Studies

in North-Western

[Contemporary Semitic,

today in dialects of

It is less certain but still possible that Β was pronounced "p-h" rather than "f".

Journal of Semitic Studies 10(1965) pp.

168

21-51, see p. 30] but it seems clear at

hard glottal sound similar to Arabian

least for 3 which, under the influence of the G r e e k t h a t was t h e common v e r n a c u l a r , in G a l i l e e b o t h 3 and 3 were pronounced "v". For example, the

In Biblical times, ν (') was a

Arabic ^ but in Talmudic times it was either silent (see the next p a r a g r a p h ) or very weak so that there was (almost) a double vowel a.

202

CHAPTER TWO

*1)0» Ν>7 ,^ψίη Í O t a i *1ÌN N ^ f tyb

t j n s ~>VV .non

Ν>νψίη >?-> OW? ίΟ>3Γ) "13 !7ΝίΟψ >3*1

0\J» Ν ρ ϊ 1 3 N 3 N > 3 Ί OW? » i n >3*1 >-

!> '3-1 D û ? na>rn nwiiy.

^Ί

K1Ì3Ì 1ÍN

>31

i!?!pn οψ -iç»

>3 pnnl? p - u « n o n 3 1 o w ? n ì v >3-1

>331? V ? W V V

N ^ ì 1>33>n Η Ϊ Π 3 > η η

yatà ρ π η } m ^ ì ®

VN

.ΊΓπη TfTì^ i3i\y> n>n ON ."PNN VJ'in vn>n i>jvn pwiy Rebbi Samuel bar Hanina in the name of Rebbi Hoshaiah 169 : "He Who forms light and creates darkness170"; one should not say: "He Who forms light and creates radiance." Rebbi Haggai 171 in the name of Rebbi Abba bar Zavda 172 : "There they sang for You173", one should not say: "There they praised You". Rebbi Levi, Rebbi Eudaimon 174 of Haifa, in the name of Rebbi Levi bar Sisi175: one has to pronounce tizkeru

voiced 1 7 6 . Rebbi Jonah in the

name of Rav Hisda: one has to pronounce ki lë'ôlâm hasdô voiced 1 7 7 . It was stated: One does not take as reader anyone from Haifa, Beth Sheän or Tiv'on since they read Π like

178

Π and y like R If his pronunciation was

orderly, it would be permitted 179 . 169

A Babylonian, s t u d e n t of Rav

makes peace and creates all" to soften

Y e h u d a h and Rav Huna, w h o l a t e r

the language.

emigrated to Israel and became student

t h a t one m a y n o t go so f a r as t o

of Rebbi Yohanan.

eliminate the mention of darkness, in

170

This is the beginning of the first

b e n e d i c t i o n b e f o r e t h e Shema',

it

a p p e a r s h e r e in t h e c o n t e x t of t h e recitation of Shema'.

T h e language is

Rebbi Hoshaiah notes

t h e w o r d s of t h e B a b l i ( 1 2 a )

"to

mention night at day and day at night", to negate any Zoroastrian dualism, 171

A Babylonian who went to study

that of the verse (Is. 45:7) "He W h o

in Tiberias.

forms light and creates darkness,

172

m a k e s p e a c e and c r e a t e s evil."

t e m p o r a r i l y in Babylonia; he was a

In

A Galilean who went to study

prayer, the v e r s e is c h a n g e d to "He

chief a u t h o r i t y in G a l i l e e a f t e r t h e

Who forms light and creates darkness,

death of Rebbi Yohanan. Both authors

203

HALAKHAH 4 mentioned here were familiar with the

"you shall dam up", n a ® n "you shall

Babylonian prayer ritual.

hire", and even, under the influence of

173

Greek, which knows no sh sound, nawn

In Halakhah 1:9, the Yerushalmi

quotes t h e B a b y l o n i a n version of a

"you will get drunk".

short b e n e d i c t i o n a f t e r Shema':

177

"We

It is not clear why one should

thank You t h a t You took us out of

p r o n o u n c e i i o n w i t h a s o f t s.

Egypt and redeemed us from the house

Zachariah Frankel notes that the two

of slavery to thank Your Name".

Aramaic verbs ion hàsad "to be loving"

Babli (14b) has t h e

The

corresponding

and i o n hassad

R.

"to insult, d e g r a d e "

Galilean version: "We thank You that

d i f f e r in t h e q u a l i t y of its s sound;

You

and

hence, one has to take care that "truly,

redeemed us from the house of slavery,

His k i n d n e s s is f o r e v e r " should not

did for us wonders and great deeds on

sound

the sea, and we sang f o r You".

The

forever". It seems that while i should

version "There they praised You" seems

not really sound like z, c a r e has to be

took

us o u t

of

Egypt

as " t r u l y , His i n s u l t i n g

is

to be an a l t e r n a t i v e Babylonian f o r m

taken not to m a k e it sound like

that is r e j e c t e d h e r e (since it is not a

Maybe the same d i f f e r e n c e was once

proper i n t r o d u c t i o n to t h e r e q u i r e d

heard between Hebrew ion I "to show

recitation of Ex. 15:11,19.

kindness" and ion II "to insult."

In l a t e r

ss.

times, the Israeli standard introduction

178

to these verses was na-i nnnwa nna nWa

ciation t r e a t e d η l i k e hh u n t i l

D^ia ποκν, retained in the Ashkenazic

m i d d l e of t h e s i x t e e n t h

service on holiday nights.)

Under the influence of Polish, which in

174

An

of

the

pronunthe

Century.

second

contrast to German has only one ch-

Ευδαίμων

sound, Ashkenazic pronunciation lost

"fortunate" shows t h a t t h e pronoun-

the difference between π (A) and a (kh).

ciation of G r e e k in his t i m e was as

In all other Jewish dialects, the prob-

today, that υ = f = a .

lem is not the identificai ion of n,a but

175

of π,π .

generation.

Amora

Western Ashkenazic

His n a m e

Levi w h o u s u a l l y is q u o t e d

y is lost in all A s h k e n a z i c

without title or patronymic.

pronunciations; it is retained in Italian

176

and Portuguese Hebrew as ng.

Since voiced ζ (r) and voiceless s

(d,b) are similar sounds, care is needed to d i s t i n g u i s h b e t w e e n n a m

(Num.

15:40) "you shall remember" and n a o n

179

If he makes an e f f o r t and tries

to realize the d i f f e r e n c e , even if he does not quite succeed.

204

CHAPTER TWO

>3*1 Ν "TN 1 1 mnpai

α ϊ Ν3ΓΙ "VON Γφ> >3")

Ν>

N l l p i l .NpV>fl

«JN >3ΓΙ ,ιπ> iri>>)q r j - m v m N a o i n o ? ΝΪΓΙ IOÌN >ρί>

N e w Section.

He w h o reads b a c k w a r d s 1 8 0 has not f u l f i l l e d his

obligation. Rebbi Jonah said that Rav Nahman bar Ada 1 8 1 stated, Rebbi Yose said that Nahman the Old stated, (Deut. 6:6) "They shall be", they shall be unaltered 1 8 2 . We have stated: The same holds for Η allei and the reading of the Esther scroll. 180

Reading sentences out of order;

"Nahman the Old", to distinguish him

reading words out of o r d e r is clearly

from later

useless since it makes no sense.

Nahman.

181 el.

A Babylonian, student of SamuHe p r o b a b l y is i d e n t i c a l

m\p>?

with

182

Amor aim

Taking the verb

ηί-ιντ> 13^ n ^ >> '

called

"to be" in

the sense of "to exist".

V?? N ^ n ? 0 1 5 , ο η π ρ ? n a a > n : n r f c n p n

Ν*Π l i v I H N »an n ç N n3>n

also

J?n n ç

νγι>?

* o w i?!?ìn>p iNia>? η ν «rçrçi JIN*} . " n o n ï y r n i O N

m n > > D ' J i i a p a 10 i i P N .rvwon nio>!? >>ip j i n * ν ο ψ ' >? >ri?nN .to'jn . h u í -pjiyl? r u w >!?N . m ç i This is fine for the Esther scroll since it is written there (Esther 9:27): "As they are written" 1 8 3 . But for H allei, since it is written (Ρ s. 113:3): "From sunrise to sunset, may the name of the Eternal be praised?" 1 8 4 What can you understand from that? Rebbi Abun said: It also is written in order. (Ρ s. 114:1) "When Israel left Egypt" in the past. (Ρ s. 115:1) "Not for us, o Eternal, not for us" in the present 1 8 5 . ( Ρ s. 116:1) "I loved, truly the Eternal listened to my voice" in the days of the Messiah. ( Ρ s. 118:27) "Bind the holiday sacrifice with ropes" in the days of Gog and Magog 1 8 6 . (Ps. 118:28) "You are my God" in the future world.

205

HALAKHAH 4 183

hostile

The verse reads: "The Jews con-

governments

or

to

the

firmed and accepted for themselves,

sufferings preceding the coming of the

not to be cancelled, that they would

Messiah. That may be the meaning of

observe these two days as they

the sentence here also.

are

Alternatively,

and it its time, e v e r y single

the psalm is interpreted t h e r e as the

year." Hence, the scroll must be read

song of Hananiah, Mishacl and Azariah

as it is written.

in the fiery oven.

184

186

written

Since t h e r e is no d i f f e r e n c e

In the celebration after the final

between East and West, there should

d e f e a t of t h e f o r c e s of evil.

be no d i f f e r e n c e between before and

Midrash

after.

the day the Eternal made, let us rejoice

Tehillim,

In

Ps. 118:24 "This is

detailed

and be happy on it" is taken to describe

parallel passage in the Babli (Pesahim

the time when one can be sure that the

118a), this sentence is applied by Rebbi

deliverance will not be f o l l o w e d by

Yohanan either to the oppression by

another oppression.

185

In t h e much m o r e

ÏY NRNN N^>3NN ΓΙΝ PPJIRRÇ» »O IN

13 VWIRP »AN OW? ΝΠΝ

ϊ ψ irav> η ύ ί ι η Ν η i m n ? ν»ψ·) r m i w í o n i i i : m vy^i . w r a w j i ru-» n y i J•i > ·a n Miipav»

. i 3 »··t ?:nτ na-» i ì t τò:n- ì: τ : Ρ"!?} νηψ

ne?

nyi

ì^n

. î j î•·j n jτ « b • n τr :ò -o τ

υ π ^ Ρ q j v a η?? u n p i s

^

.«!?τ

w j ·n· •i v i î i:

.up*?* u n p n v 3 p n

τ

·

τ

;pa w»>n ,u>»p y p n

t j j ^ n η ^ τ nD-ìW

pn^?

.iDin? w s - p

o ' J i i í o a n i NJVÎ^O n>yjw>N i ? N»-)p >yjw>N7

Rebbi Aha in the name of Rebbi Joshua ben Levi: composed this prayer

nipn

"p-w J i v y s w n i οϊρ>3

« V î W rp*i>a

. i D i n a W i n i w j n > j i y νηψ

c p J i o g y n >vHp

.nina

ní>p^n

187

Also he who

composed it in good order. The first three and

the last three are the praise of the Omnipresent, the middle ones are the needs of the creatures. Give us knowledge. You gave us knowledge 1 8 8 , accept our repentance. You accepted our repentance, forgive us. You forgave us, save us. You saved us, heal our diseases. You healed our

206

CHAPTER TWO

d i s e a s e s , b l e s s o u r years.

Y o u b l e s s e d o u r y e a r s , g a t h e r us in.

gathered us in, judge us in justice. w h o arise against us. 1 8 9 us 1 9 0 .

You

Y o u judged us in justice, s u b d u e t h o s e

Y o u s u b d u e d t h o s e w h o arise a g a i n s t us, j u s t i f y

Y o u justified us, build Y o u r h o u s e , listen t o o u r s u p p l i c a t i o n s , b e

pleased w i t h us in it. Is it necessary after "build Y o u r house," listen t o o u r supplications, b e p l e a s e d w i t h us in i t 1 9 1 ?

But as t h e v e r s e is, s o is t h e

tradition (Is. 56:7): "I shall bring t h e m t o M y h o l y m o u n t a i n , m a k e t h e m happy in M y h o u s e of prayer. 1 9 3 "

187

The week-day 18 benedictions

of the Amidah.

Another derivation is

in law" that belongs to the benediction before the previous one, not to t h e one

given in the following paragraph.

for the elders (and all) of Israel and the

188

converts which follows a f t e r

The entire list should be read as

the

a conditional: Assuming that You gave

imprecation against apostates.

us k n o w l e d g e ( f o u r t h b e n e d i c t i o n ) ,

191

p l e a s e a c c e p t our r e p e n t a n c e ( f i f t h

building of Jerusalem and the Temple,

benediction).

the

T h i s is p a r t i c u l a r l y

evident in t h e second p a r t , s t a r t i n g

After a prayer

for the

re-

p r a y e r s f o r a c c e p t a n c e of t h e

prayer and the hope that our service be

from the prayer for good years, which

for

is a p r a y e r

and

superfluous since acceptance of prayer

therefore f u t u r e oriented even though

and God's pleasure are guaranteed in

the f o r m u l a t i o n h e r e is in t h e past

the Temple.

tense.

192

189

for

redemption

God's

pleasure

may

seem

As usual, the main argument is

While the benediction against

the part of t h e verse not q u o t e d : "I

apostates was introduced at Jabneh and

shall bring them to My holy mountain,"

the rest of the Amidah is an institution

corresponds

of the Men of the Great Assembly, its

Jerusalem, "make t h e m h a p p y in My

place was chosen in the spirit of those

house of prayer" c o r r e s p o n d s to t h e

who first formulated the prayer.

s u p p l i c a t i o n f o r a c c e p t a n c e of o u r

190

prayer, "their holocausts and sacrifices

This is the text of the Rome and

to

the

prayer

for

the

for pleasure on my altar ", corresponds

L e y d e n m a n u s c r i p t and t h e V e n i c e

to the prayer for God's pleasure. There

G e n i z a h m a n u s c r i p t s , not l i k e

print which have OBwna u p i x "justify us

207

HALAKHAH 4 is no benediction for the restitution of

prayer for Jerusalem; see the next

the dynasty of David here since in

paragraph.

Israeli practice this was part of the

J i * « > p j ? n D>N>3? n o ? · ) o > 3 i o y o ^ p i o>3p^ ο η ψ ν " ! ΓΙΝΟ η>ρη? >3-» -»ÇN i v i n p n - ) o y j ï y n ^ n n Ί 3 ί η > v m p n i?Nn } i o p > i h n n j a i lioyri

nyn

.ib nan")

i>3> i 3 a > i

nn>>p

.niì?o>

.n3>3 n n >yir> η>*τη n r m j 3 > π ρ n o " m y ^ n i>3>y!

>:? w r ù N

. n m n n£>?rin .3py> v m p UN

v i m i rrçn o j / n a >

ι η ο η η η >'> !?n 3iw>·) n n > > p > n a w ^ i

.>?>?n n r w p t J N ì J n > ? > N t o n r r t o > n a i n n > ? > 3 i i y _ ; o } D > i © n ^ N i î l i ^ p ^ n n n >33>3 ΝΠΝ >3*1 *Ï0N OW3 r m > >3")

. n > v > 3 ^ 3 ΗΪΗ

N>n n>y>3y) n v w

νκψ

(foi. 5a) n3>v¿ n i * >>

>3>n >3") I O N D\{i ì y

ïHyy?

.>107)7 0>>ίΠ N S n 7)?N>1 τι>ν>3ψ nieven

.n>y>3V>3

n w

>3ί

^Νψ iy>"Pn>

.>?>ογ>> Ν>ηψ η £ > ρ η - τ } } ? η>3>ον n ^ - n o > b i n N?i-» w p w

ο > 3 ψ η n ? - ) 3 i p p j ^ n n o >3<3p n 7 3 p ? ! ? N >37 i o n *ii3v>> -r>ny x i n v

.o>»nn î d n n j v n >jv*i3

. ο > η κ - o î y ) >'> ! ? i p τ » : ? n>y>v>j} n D - j 3

*Π.3)? l i O O > ÌNT n o Ν3>3Γ) 7 3 ΝΠΝ >37 OW3 >1} >37 INVITI DD>"»?1

0 ? 3 3 y ί?Ν7τψ> η η D3J1K") OV) Î7JJ

L>Y3?3 VITN ΗΨΝ? VRN·) NI>!?AN I33PJP3 ^ψΐ . o n t y > 3 ? 0 3 o v v i ^Ψί >33 1 3 W > 7 Π Κ

,D>'?WTI> H3Í33 7VT

J e r e m i a h said:

.D>")VV

>073 >(3i

1 1 7 P >D NO£ .!?ÍO^> >OÜ> ^V

O'OPV o r n a r v i

, D > p > 7 ^ Π 0 3 Ρ 3 D>3p^

,D3>0 Τ Ι ! 193Rebbi

no

0>75

OO^D^^ >> ΓΙΝ 1V)p31

1 2 0 elders, a m o n g them m o r e than

80

prophets, instituted this prayer. W h y did they follow "the holy G o d " 1 9 4 by "He W h o f a v o r s with knowledge"?

B e c a u s e (Is. 2 9 : 2 3 - 2 4 ) " t h e y s a n c t i f y

t h e H o l y O n e o f J a c o b " is f o l l o w e d by "and those of e r r i n g spirit will k n o w insight."

" K n o w l e d g e " f o l l o w e d by " R e p e n t a n c e " , (Is. 6 : 1 0 ) " M a k e

208

CHAPTER TWO

fat the heart of this people, make it hard of hearing and its eyes sticky, that it should not see with its eyes, nor hear with its ears, nor understand with its heart, because if it would repent then it would be healed." "Repentance" by "Forgiveness", (Is. 55:7) "He should return to the Lord that He would have mercy on him, and to our God because He forgives much." "Forgiveness" by "Redemption", (Ps. 103:2-3) "He Who forgives all your sins, He Who hears all your maladies, He Who redeems your soul from destruction." Then he should say "Healer of the sick" before that 1 9 5 . Rebbi Aha said: why did they institute "Redeemer of Israel" as the seventh benediction? To teach you that Israel will be redeemed only in a Seventh Year 196 . Rebbi Jonah in the name of Rebbi Aha: (Ps. 126) "A song of ascent. When the Eternal will return the returnees of Zion" is the seventh song, to show you that Israel will be redeemed only in a Seventh Year. Rebbi Hiyya bar Abba said: Why did they institute "Healer of the sick" as the eighth benediction? That is for circumcision which is done on the eighth, following (Maleachi

2:5) "My covenant was with him: Life" 1 9 7 .

Rebbi Alexander said: Why did they institute "He Who blesses the years" as the ninth benediction? Corresponding to (Ps. 29:5) "The sound of the Eternal breaks cedars", since in the f u t u r e He will break all m a r k e t manipulators 198 . Rebbi Levi in the name of Rebbi Aha bar Hanina: Why did they follow "He Who blesses the years" by "Ingatherer of the dispersed of Israel"? Because of (£z. 36:8) "you, mountains of Israel, sprout your branches and carry your fruits for my people Israel", why? "because they will soon come." When the dispersed are gathered in then justice will be done, the evildoers will succumb, and the just will be happy 1 9 9 . It was stated: One includes the apostates and the wicked in "He Who subdues the evildoers", the converts and the elders in "refuge of the just", David in

209

HALAKHAH 4

"Builder of Jerusalem" 200 .

(Hosea 3:5) "Then the children of Israel will

repent, seek the Eternal, their God, and their king David. 201 " A p a r a l l e l with slightly d i f -

split an alphabetic acrostich between

ferent t r e a t m e n t of t h e e n t i r e para-

Psalms 9 and 10 is t h e Y e r u s h a l m i

graph appears in Babli M e gill ah 17b-

tradition which, t h e r e f o r e , cannot use

18a.

the verse quoted in the Babli.

193

194

T h e t h i r d b e n e d i c t i o n of the

Amidah.

What follows is a description

199

This describes benedictions 10-

13. The wicked a r e Gentile govern-

of the benedictions of the w e e k - d a y

ments that o p p r e s s t h e J e w s .

Amidah.

evildoers are Jewish evildoers.

195

200

Since in the verse r e d e m p t i o n

The

This is today t h e p r a c t i c e of

comes a f t e r healing. (Redemption here

Ashkenazic and Sephardic Jews.

is personal redemption; redemption of

Babylonian practice was not to mention

the people is described by benedictions

the restoration of the Davidic dynasty

9-14).

in the benediction for Jerusalem, but to

196

A Seventh Year (shemittah) in a

Jubilee cycle.

make

it a s e p a r a t e

The

benediction

The "seventh song" in

preceding the f i n a l b e n e d i c t i o n "He

the next sentence is the seventh of the

Who hears prayer". Only the Yemenite

songs of ascent.

ritual f o l l o w s the strict Babylonian

197

The

Covenant

refers

to

circumcision. 198

style; the o t h e r Jewish groups pray twice for the Davidic dynasty, once in

Manipulators of prices of basic

the Yerushalmi f o r m of "Builder of

c o m m o d i t i e s who a r e c o m p a r e d to

Jerusalem" and then in the Babylonian

cedars for their (financial) strength. In

form "He Who makes sprout the horn

t h e Babli, R. A l e x a n d e r q u o t e s

of salvation".

10:15, w h i c h Rashi's) count

in B a b y l o n i a n was Ps.

9:36

Ps. (and

201

and,

tremble for the Eternal

The verse concludes: "They will and

His

therefore, is appropriate for the Ninth

Goodness at the End of Days", referring

benediction. Our texts of Psalms which

to Messianic times.

210

CHAPTER TWO

Ν»?)?? ι» ν *

. η ' ο ψ τ π n i d Ν»>η ρ

in>\í>)3> TOD n w i v ) N)?v\? '"»»SN

p i s nn>y>>? Í O > » ι η κ η ρ κ Ν)3ίΠ?ΓΙ >3") I ^ N

ιητ

. D ^ V ' "T"!7 N f f l

The Rebbis say: This King Messiah, if he is from the living, his name is David. If he is from the dead, his name is David. Rebbi Tanhuma said: I am declaring the reason (Ρ s. 18:51) "He gives kindness to His anointed, to David. 202 ' 202

T h e previous discussion e n d e d

historical David in Messianic times.

with the v e r s e f r o m H o s e a , w h i c h

The Babylonian Talmud points out that

indicates that in Messianic times all

a p r i n c e is less t h a n a k i n g a n d ,

t w e l v e t r i b e s will s e e k t h e i r k i n g

therefore, the new King Messiah will

David; it is clear that Hosea talks about

have the status of a Roman Augustus

the Messiah and calls him David. This

whereas t h e r e s u r r e c t e d David will

gives rise to an insertion about the

occupy t h e p o s i t i o n of C a e s a r , or

Messiah in this and the next paragraph.

Crown Prince.

The second argument is more ex-

In any case, t h e next

paragraph makes is quite clear that the

98b,

Messiah was born on the d a y of t h e

w h e r e f o r t h e f i r s t c a s e a verse in

destruction of the T e m p l e and that,

Jeremiah (30:9) is cited: "They shall

therefore, nobody with a recorded date

serve the Eternal, their God, and their

of birth can e v e r be c o n s i d e r e d as

king David whom I shall r a i s e f o r

Messiah. There is no reason to believe

them" w h i c h also is w r i t t e n in t h e

that the Babli would disagree with this

future tense. The second case, that the

conclusion. In addition, Maimonides in

original David will be resurrected as

his Letter to Yemen is quite a d a m a n t

Messiah, is based on a verse in Ezechiel

that the Messiah can only appear in the

(34:24) "I, the Eternal, shall be for them

Land of Israel and must be a political

their God, and My servant David prince

figure.

plicit in t h e Babli, Sanhédrin

in their midst", seems to r e f e r to t h e

211

HALAKHAH 4 o m p - i ç n 1 3 » n >317 n n ? y i v >37 . ί η ψ n n * n ^ a ^ i n ? ν ι η ι η>:>3ψιη >>>>? n V ) i n ? η ) η N ^ y ^ » ν >317

>377

Τ!^

: ρ τ ί η n y > h n v -13 >n*tv - α n>> - i ç n .τύρΎ ν η ψ ι

.Dn3)p η>ηψ η© n>> ι ώ ν

TTV3 yo n>> η η κ V73>

ion v i n i

r i y p 3 n n n >71 ο > κ ρ n i n i w i n ?

*ÌÌO(3 >N7Ì> 1 3 >N7V "13 n>> DON n>> i o n

ίηψ

"»©Ι o n j p k ì d

-τη l a y >inip η > τ η ί π riyi i n n ΝΓ17

>i> 13 y\ihn> >37

>

.Kin i n

n>>

n»p^n η>> d o n >131*7 η>ηψ n o i

"τ 3ϋη>Ν | >iîp?p V 3 ì ì

n>»>N VIJpN Ν » ψ ? 7

Jl>3

.Nn>yp ί ο > η i>>> u n i 73p?p n l o p ì

,

1>>ιηι Nfl-ji? N i n n > *?)>η t y

DNJ

V3ì

.ηιιη> o n > n>37 > o > ç

. n > n p NR931 n > n p ;?>»y N i n i > p i 5 » » > ·Π53ί N^ D 0 ? 0 7 n>3>N·) 1J3Î

n>iìp?0>n N3N N>>V3

.7-J3!?

n>S>07 rö i o n

3ΠΟ > Ν T>>>JVN7 NOÌ>37 ΐ?ίοψ>7 l i n w ç

n ^ Man

. p o n ? >> ji>> n>> n*i>?N .>>;>3Jin n > > : m i 3 n n n > > n ; n

>J1N N)Ni >Ol> -ΙΓΙ3 V I ηι τ )?Ν .*r>ay 7>pw>>n i n o >37 *içn

DD?)?! n>ö>N ΟΠ3)?7

TfOlp Jl>> 1>N Π>> V ? ? ^ >Π»Ν 7>> ΓΙ9?>Ν Π01 *v?n N j n p N i n n >

vpv i m

,3>Ji3i

,>>7> i n n>i>?\?01 n>>iy>Ni v o n i i j i n >ίη>»ηι κ η ν ν i o n>>

,!?i3> T>7i<3 V i 3 > n i N i n

ι ο ρ » n ^ i n ^ n >37yn i » -τίη>> υ"? n o 113 ,>ψ> yn>? - i p i n ns>i n n . r a 3 > j p n o

Rebbi Joshua ben Levi said, his name is Zemah. Rebbi Yudan, the son of Rebbi Aivu, said his n a m e is M e n a h e m 2 0 3 .

Hanina the son of Rebbi

Abbahu said: they have no disagreement since the numerical value of one is the numerical value of the other: Zemah is equal to Menahem 2 0 4 . Since Rebbi Yudan the son of Rebbi Aivu said, it happened to a Jew w h o was plowing in the valley of Arbel 2 0 5 that his ox was bellowing.

An A r a b

passed by and heard the bellowing of the ox. He said to him: Jew, Jew, unharness your ox, unharness y o u r p l o w 2 0 6 because the T e m p l e was

212

CHAPTER TWO

destroyed. The ox bellowed a second time. He said: Jew, Jew, harness your ox, fix your plow because King Messiah has been born. He said to him: What is his name? Menahem. He said to him: What is his father's name? Hizqiah. He said to him: Where is he? He said to him: At the king's palace in Bethlehem in Judea. He went and sold his ox and plow and made himself a vendor of baby linens. He went to towns and left towns until he came to that town. All the women bought f r o m him but the mother of Menahem did not buy.

He heard the w o m e n say:

Menahem's mother, Menahem's mother, come and buy for your son! She said: I would rather strangle him like a hater of Israel because he was born on the day the Temple was destroyed. He said to her: I like him, because for him it was destroyed and for him it will be rebuilt. She said to him, I have no money. He said to her, that does not bother me, come and buy for him! If you have nothing with you today, I shall return another day and I will take it then. After some time he went up to that town and said to her: How is your baby doing? She said to him: After you had seen me there came storms and raised him and tore him from my hands 207 . Rebbi Abun said: We do not need to learn f r o m that Arab, is it not a full verse (Is. 10:35): "The Lebanon will fall through a noble one"? 208 And the next verse is (11:1) "A sprout will come from the stem of Jesse." 203

The parallel to the entire para-

will restore my spirit."

graph is in Midrash Ekha rabbati 1(57).

204

The verse of R. Joshua ben Levi is

40+50+8+40.

Zach. 6:12: "Behold, a man of the name

205

of Zemah, he will sprout from below

ms. and Genizah fragments; the valley

and build the Eternal's temple."

The

of Arbel is West of Tiberias.

verse of Rebbi Yudan is Threni

1:16:

"Behold, far from me is Menahem who

138. n ó i = 9 0 + 4 0 + 8 , óniñ =

This is the reading of the Rome

The

place name is missing in the Leyden ms. and the Venice print.

213

HALAKHAH 4 206

ι ρ φ usually means a pitcher or a

bottle, f r o m l a t e Latin canna

to t h e i n t e r p r e t a t i o n of Deut.

3:25,

"small

where Moses begs to s e e "this good

H o w e v e r , this jpap a p p e a r s

mountain and the Lebanon." Since God

several times also in the Babli (noted in

later showed Moses all he w a n t e d to

the Rabbinic dictionary 'Arukh

under

see, but nothing North of t h e city of

's pip) and seems to mean the central

Dan, it f o l l o w s t h a t "Lebanon" h e r e

peg by which the motion of the plow is

cannot mean the mountain range.

controlled; possibly f r o m old Persian

verse here was used

gan, "plow".

J o h a n a n ben Z a k k a i to p r e d i c t

207

Vespasian that he would be e m p e r o r

vessel".

The Zohar (II, 7b-8b) improves

on t h e s t o r y a n d a s s e r t s t h a t

the

by

b e f o r e he could c o n q u e r

The

Rabban to

Jerusalem

Messiah is living in Paradise at a place

because the Temple could fall only to a

known as "bird's nest".

noble one (Ekha

208

Isaiah, the verse is the introduction to a

The use of Lebanon as a f i g u r e

of speech for the Temple can be traced

* τ??? r n / y v w n p r o n ?

209

1(32)).

In

description of Messianic times.

yniw w p n n ηη

.o'piy'p

rabbati

n i i y - p a n JIN

ν^γογι rri d?n κιηψ

tm«^

R e b b i T a n h u m a said: W h y did t h e y i n s t i t u t e "He W h o l i s t e n s t o

prayer" as t h e f i f t e e n t h b e n e d i c t i o n ? C o r r e s p o n d i n g t o ( P s . 2 9 : 1 0 ) "The Eternal throned o v e r t h e Deluge", that H e a v e r t t h e c a t a s t r o p h y , that it should not c o m e o v e r the w o r l d 2 1 0 .

209

A f t e r the digression about t h e

Messiah, one returs to the main theme;

in the Psalm. 210

God has sworn that no f u t u r e

the final benediction of the w e e k d a y

Deluge will engulf the entire globe, but

insertion

one has to pray that p a r t i a l d e l u g e s

is t h e

f i f t e e n t h in

the

G a l i l e a n count, and t h e mention of God's name in the verse is the fifteenth

will be averted.

214

CHAPTER TWO

oriim

. o > n > # ν ψ > 3 w ç h n i l l οψ·) > í m ? > r m n r a i t n » 7 i n ! ? n i i n y

>>?

γ η N n a b n 1 3 "ρνρψ >31

i n n nis

>"> "|γι>

. o i b y lD>)?nin n i r m

ή ν * o y o n o i οί!?ψη ρ

-»ηί>

-

^

Dit»^? ρηοο ,Οί^Ι

Temple service (precedes) Thanksgiving 211 : (Ps. 50:23) "He w h o brings a sacrifice of thanksgiving honors Me and shows a path; I shall make him see God's help." One finishes with Peace, since all benedictions end with peace 2 1 2 .

Rebbi Simeon bar Halaphta 2 1 3 said:

There is no vessel that

contains more blessing than peace. What is the reason? (Ps. 29:11) "The Eternal gives strength to His people, the Eternal blesses His people with peace." 211

212

Now we are back to the expla-

The Priestly Blessings end in

nation of the sequence of benedictions

"peace", and all other services, prayers

in the Amidah. The 16th (Israeli count)

and grace, end with "He Who makes

prays for restoration of the Temple

peace in His heights, may He give

service and acceptance of our prayer

peace to us and all of Israel, Amen."

as if performed in the Temple.

213

The

A great preacher of the last

17th benediction is Thanksgiving, the

generation of Tannai'm; his statement

18th is for Peace, following (in the

here is the last statement of the

Morning Service) the Priestly Blessings

Mishnah (Uqezin 3:12).

that end in "peace".

η ό η η>>3ψ> n í i v m i n 3 > j i ? i n n y \ ?

nj/ov' oip)?> n w v n y o ) N i p

- m a n o i p n } n ^ n ^ i D -mn> n y o p > n j m > ύ>ΝΊ n y o . r o w i - o i i n i > n ? > ."tty!?»* >311 n o w ? 7 3 V P "ΡΡ>Ρ .n>;>>» T ò v m n > r o 10 1>1>?n >31

NV? >31 N » n >31 n o > i

.to

n £ > p n n n p >n "|3nv >311 n t o p y i y p y

1? i1? -Man ptoo") n>ro .ν?© p i t N i n i •W η ρ ^ η 1V5>3

πιη>>·) Ι>Ι»?Ν TO

í q p 1jni>

215

HALAKHAH 4

"If he recited and made a mistake then he should return to the place of the mistake." 214

If he made a mistake between the first and second

mention of "writing" he must return to the first "writing"215. If he made a mistake and does not know where he made the mistake, he returns to the start, to any place that he is sure about 216 . An explanation: Rebbi Hiyya, Rebbi Yasa, Rebbi Ammi were preparing the wedding canopy 2 1 7 for Rebbi Eleazar.

They heard the voice of Rebbi Johanan when he explained

something new. They said: Who is going down to hear that from him? They said, let Rebbi Eleazar go down since he is very careful. descended, ascended, and said to them:

He

So says Rebbi Johanan, if he

recited and found himself at jyoV219 one can be sure that he had the right intention. 214

Quote from the last part of the

of the section he remembers. Since the

Mishnah that now will be discussed.

language

The entire p a r a g r a p h is r e p e a t e d in

paragraph to here is in pure Hebrew, it

Babli Berakhot

probably represents an Israeli version

215

16a.

Both v e r s e s Deut.

6:9, 11:20,

from

the

start

of

the

of that Tosephta.

read: "You shall w r i t e t h e m on the

217

d o o r p o s t s of y o u r h o u s e and

Probably Latin genialia, ium (n„

your

plur.) "marriage bed, marriage" (E. G.).

gates." Since the verses are identical, a

Rebbi Hiyya m e n t i o n e d h e r e is R.

person who r e c i t e d Shema'

Hiyya bar Abba; his name is missing in

mechan-

ically has no way of deciding between

the Babli.

the two but must start anew from the

218

first verse.

section of Shema'.

216

In the Babli, this is quoted in the

language of t h e T o s e p h t a

In the last verse of the second Since t h e t h i r d

section is c o m p l e t e l y d i f f e r e n t in

(Berakhot

wording and style, one may assume that

2:5) that one has to return to the start

he recited the first two parts correctly.

216

CHAPTER TWO

η·»<3Π ϊ ο··ί ν ί α i o s: y n sτ o: ì· ì s τ · s

n u i ν π νj

.. -

Ύ

Ύ

Νίπψ yri* o n i a } I P Ν ^ ι t?'??^?

IN)?

τ τ

τ

o w ? η>)?*ι>

>JOÌ> IO N5N Ν 3 Ή Ν»Π >3*1 1ÇN >ioip

o w. . .n no> >a*i n>î? .

Ì7N ΊΝ^ ON)

η^η lìDJpl

n n n - i r n N i p p >ya 1>?t "τη n ^ n η>?η?

J1>3)0 Ni>f DON !?N1öy .Ν3Ίΐ!?ϊ ï i n ÍN N O ^ N >01)? N3>)0 p m r p í o n n>3rin >an i ç n

N ' p i m ri>3n n w ί ο ν N » n 1 3 γ α >?->

•ΓΡΟ"«» v i ? ΝίΠ OHIO >V?0 Dit) TD7 Rebbi Lia

219

, Rebbi Yasa in the name of the great Rebbi Aha 2 2 0 : If he

prayed and he found himself in "He Who hears prayer", he may assume that he prayed with intent 221 . Rebbi Jeremiah in the name of Rebbi Eleazar: If he prayed without intent and he knows that the second time he will pray with intent, he may pray a second time; otherwise he should not pray 2 2 2 . The great Rebbi Hiyya said: I never managed to pray with intent, but one time I made an effort to concentrate and I started to think and said to myself, who enters first before the king, the ά ρ γ α π έ τ η ς 2 2 3 or the Resh Galuta22Al

Samuel

said: I counted chicks 225 . Rebbi Abun bar Hiyya said: I counted stone rows 226 . Rebbi Mattaniah said: I an thankful to my head that when I come to modim it bends down by itself. 219

Rebbi La or Illaï,

Galilean

concentration on what he was saying

Amora of the third generation.

somewhere in between but when he

220

He cannot be the Amora Rebbi

realizes that he recited the last of the

Aha since the latter belongs to the

intermediary b e n e d i c t i o n s he may

fourth generation. Probably he is the

assume that he said all others in the

Tanna Rebbi Aha of the last generation

required order.

of Tannaïm.

222

221

Since the weekday Amidah is a

requires total concentrai ion for all 18

long prayer, it is probable that he lost

benedictions for somebody who is not

It seems that the Yerushalmi

217

HALAKHAH 5 satisfied with the quality of his prayer.

Persian pat) "master, overseer". So the

The following examples show that such

title seems to designate the person who

a total concentration o v e r a l e n g t h y

overseas the royal castle (Fleischer) or

period of time is impossible and, hence,

" c o m m a n d a n t of a f o r t " ( L i d d e l l &

repetition of an i m p e r f e c t p r a y e r is

Scott).

excluded. T h e Babli [Berakhot

224

34b, a

The Davidic head of Babylonian

statement of Rebbi Hiyya (bar Abba) in

Jewry, who was a h e r e d i t a r y N o b l e

the name of the Babylonian Ra ν Safra]

under the Parthian and Persian rulers

requires total concentration only during

and s t i l l an i m p o r t a n t o f f i c i a l in

the first benediction; h e n c e , f o r t h e

Moslem times.

Babli someone who did not concentrate

225

When I consciously a t t e m p t e d

d u r i n g t h e f i r s t b e n e d i c t i o n has to

total c o n c e n t r a t i o n f o r a l l t h e

repeat the Amidah.

( B a b y l o n i a n ) b e n e d i c t i o n s of

Arukh

(In the

Shulhan

(Sec. 101,1), R. Josef

Qaro

19 the

Amidah.

follows the Babli but R. Moshe Isseries

226

decides Ashkenazic practice according

stones or b r i c k s in a building."

to the Yerushalmi.]

other p l a c e s in the Y e r u s h a l m i , t h e

223

This Greek form was found in a

Palmyrenian i n s c r i p t i o n .

Following

Fleischer, the title is a composition of Persian liji ark "citadel", x, pad

•pN^l

π»

Greek δόμος, "building; rows of At

spelling D i o n is found; in the Babli it always is diö't (which, however, might mean another word, δήμος).

(old

w i ò ? ìn

w í ó a v"PP p i i p w n

:n ni*»»

.nb'ûfla i? Jiwjfc

Mishnah 5: Professional workers 226 read 227 on top of a tree or on top of a wall in construction; they are not permitted to do this for prayer. 226

The ]OW is a professional who is

the uman loses for prayer is his own.

a contractor f o r his work; in contrast,

227

the VyiB is paid by the hour. The time

needs concentration only for the first

The Shema'; since this recitation

218 verse,

CHAPTER TWO we

may

assume

that

the

r e c i t e d by r o t e f r o m m e m o r y .

professional can c o n c e n t r a t e f o r t h a t

contrast, p r a y e r ( t h e Amidah)

In

needs

short time span without f e a r of falling

concentration f r o m beginning to end

down.

and can be recited only on the ground.

T h e rest of Shema'

can b e

. ^ • p O W Í Ó ? V M i N r O · £ > Ν η WN-15 V l i p H a l a k h a h 5: S o

228

NJVÍJTO

:fl 713*71

is the Mishnah: T h e hourly w o r k e r s read o n t o p o f

a t r e e 2 2 9 and t h e professionals o n t o p of a wall in construction. 228

T h e V e n i c e e d i t i o n h a s 'JO

w h e t h e r t h e Y e r u s h a l m i is of

the

w h i c h is an i n t e r r o g a t o r y p a r t i c l e

opinion that work on a tree is unskilled

referring to persons and does not make

work

sense here. The Genizah fragments and

construction of the Mishnah r e q u i r e s

t h e c o m m e n t a t o r of Sefer

the mention of hourly w o r k e r s h e r e or

Haredim

read T 3 as given here. 229

νγι

. r o r » ? ΐΓήη-ι>ν?ψ

a

careful

prevalent in Babylonia,

It is not clear

•nv j m n w í ó ? η» 1 ?·)

therefore,

that this rule is contrary to the opinion

T h e Babli d o e s not m e n t i o n

hourly w o r k e r s at all.

and,

. π ϊ ν ^ γ ι viNhai r»?în w í ó ? ρ » 3 π > ρ ρ

.^ç!?

>?τη

j i > 3 n bya 1 )

τ ι ν

Ή > ? Ν ι η > η η ή ο ' ρ >3-η Ν Ι Ν >?-» .η)Ν^ιη w í ó ? !

It w a s s t a t e d 2 3 0 : "They pray o n t o p o f an o l i v e t r e e or o n t o p o f a f i g tree." H e n c e 2 3 1 , o n all other t r e e s h e d e s c e n d s and p r a y s o n t h e g r o u n d . "The o w n e r d e s c e n d s in all c a s e s and prays o n t h e ground." A n d w h y o n t o p of an o l i v e tree or o n t o p of a f i g tree? Rebbi A b b a and Rebbi S i m o n say both, b e c a u s e t h o s e are v e r y laborious 2 3 2 .

230

This is a f r a g m e n t f r o m a text

s i m i l a r to Tosephta

Berakhot

they pray on top of an olive t r e e and a

2:8:

fig t r e e but f o r all o t h e r t r e e s t h e y

"Hourly workers read on top of a tree

have to descend and pray. T h e owner

and on top of a wall in construction;

descends in any case f o r prayer."

A

219

HALAKHAH 5 similar text, only with "professionals"

great care and there is danger that the

instead of "hourly workers", is quoted

trees or their fruits would be damaged

in Babli Berakhot 16a.

if the hourly worker would try to go

231

This looks like an i n f e r e n c e

down and up quickly, again to t h e

since xii is not a tannaitic technical

detriment of the owner. Both explan-

term. However, given the parallels in

ations are found in the commentaries.

T o s e p h t a and Babli, t h e word

κπ

Rashi in the Babli (16a) explains that

"therefore", may be an i n t e r p o l a t i o n

these trees have so many branches that

and the rest of t h e s e n t e n c e may

one can stand there securely and may

belong to the Tosephta.

concentrate on prayer without fear; it

232

may be that he agrees that because of

It is not clear whether it is very

troublesome to come down from these

the

many

branches

it

is

very

trees and, t h e r e f o r e , too much time

troublesome to come down f r o m the

would be spent at the expense of the

trees.

owner, or that olive and fig trees need

t O Î73N: ν η ψ π is Ν Ί ί ρ rrç n n ia>ri3 V3

î n ^ ç ^ >3

<]n η η ρ η

. α ψ ν ρ i 3 > ·)>Νψ r > a » i v i « Ν ί η ψ n y y i N ^ I p l i a N i n w n y v ?

. i n i o V5î? nv^-jN

' W T O v ï y r v n ONÎ

ÏH

n?

» i ö i p > in") " - j i r ô o>p!?n i n r i t>p>w\f> ι η η , ^ ρ ' ψ ψ N i n i I j n v >3-1 i o n It was stated 2 3 3 : "The porter m a y recite the Shema' on his shoulders

234

e v e n with his load

but he should start neither w h e n he unloads nor w h e n

he loads because he cannot then concentrate. In any case he m a y not pray until he unloads, but if he was carrying a load of 4 qab2is

it is permitted."

Rebbi Johanan said: only if he is in equilibrium. What m e a n s that he is in equilibrium? T w o parts o n his back and o n e part in front. 233

This statement is a

(Berakhot

Tosephta

2:7) where, however, the

234

For the same reason as t h a t

given f o r t h e w o r k m a n .

exemption for the carrier of a large

Tosephta,

load is not mentioned.

before the worker.

In

the

the p o r t e r is m e n t i o n e d

220 235

CHAPTER TWO A qab is 4 log, about 2.17 liters.

4 qab a r e a Roman modius,

about a

British peck, a fourth of a bushel.

without unloading if his load does not exceed 4 qab, on condition that it be balanced.

The

two

differences

The Babli, Baba mezi'a 105b, quotes

between Yerushalmi and B a b y l o n i a n

a baraita which states that the porter

practice are that for the Babli, the load

may pray with his load on his back if

has to be strictly less than 4 qab, f o r

the load is less than 4 qab, but not if

the Yerushalmi it may reach 4 qab, and

the load is 4 qab or more. Therefore, it

for the Babli the load has to be all on

seems t h a t in t h e Y e r u s h a l m i

the

meaning is that the p o r t e r may pray

the back and not distributed f o r e and aft.

.NIP-)

mi>P ΝΠ> N^J >3ΓΙ

It w a s s t a t e d 2 3 6 : " N o b o d y s h o u l d g i v e m e s s a g e s w i t h his e y e s w h i l e reciting." 236

An e x t e n d e d p r o h i b i t i o n

to

Samuel Bar M a r t h a .

However, the

by

Biblical justification of the prohibition

movements of eyes, lips, or hands while

is there given in the name of t h e early

r e c i t i n g t h e Shema'

Tanna Rebbi Eleazar Hisma.

communicate

with

others

is given in t h e

Hence,

Babli, Yoma 19b, in the n a m e of t h e

the statement of the Yerushalmi is a

early Babylonian Amora Rav Isaac bar

genuine tannaïtic one.

r o n ? y p - o > ? I!?>N n r j n ? ? n

Γ Ο Ν ^ Ρ " p w i y i>m> r>>i>i3O >?ri

v n ON iJiif .y\Nri Î7W3 vpjpim

ϊψ) ο ^ ψ τ ν

ty

rmwa

-hon .1 v?-q>? i-7>n n n ir»?V

Ji??n

UN ηζ> "Ρ^

JllWjfc "ΠΟΝψ ΙΤ;)?ΊΝ TIN* N3)p >3"!

rij/v?

η>ηψ ìn n i y t o ioy -ρψύι

, ^ ΐ ι η notier?

V"!>pN

It w a s stated: "The hourly w o r k e r s w h o w o r k e d f o r an e m p l o y e r h a v e t o recite t h e first b e n e d i c t i o n of G r a c e and s u b s u m e that of J e r u s a l e m in t h e b e n e d i c t i o n f o r t h e L a n d and c l o s e w i t h t h e b e n e d i c t i o n f o r t h e Land237.

But if t h e y w e r e w o r k i n g f o r h i m f o r their m e a l s 2 3 8 o r if t h e

221

HALAKHAH 5

employer was eating with them, then they recite all four benedictions." Rebbi Mana said:

This means that one may not w o r k w h i l e reciting

Grace. Otherwise, w h y do w e have to say this 2 3 9 ?

Let him work and

recite the benedictions! The obligation of reciting Grace

benedictions before the meal it seems

is biblical but the number of bene-

that the hourly workers are required to

dictions is a rabbinical ordinance (Beth

recite these [this is also the reading of

Yosef on Tur Orah Hayyim

237

191). In

the Tosephta (5:24) and most of the

order to reduce the expense for the

manuscripts of the Babli, against the

employer

Venice text of the Babli (16a)].

(and, h e n c e ,

increase

employment for the poor), the hourly

238

workers whose lunchbreak is paid for

payment to them.

by

239

their

employer

recite

an

For the food only, without cash

The a b b r e v i a t e d version of

abbreviated version of Grace that still

Grace; it is necessary only if it profits

contains all required elements. Since

the employer.

the Yerushalmi does not mention the

poi ιπρίη

o"TN l i o y ?

,ντ>? ιψΣήτη

Ϊ Ϊ Ϊ ) >?*i> n i n "paN na

r m n n i o w ? pn>? n i - a twiny*

n>n

.irnn

- n w vm!? . y p ?

>a-i .qf7>? τα!ραι

ηο3π r n s ] i n n 03 nojpn

Rebbi Samuel bar Rav Isaac 240 in the name of Rav Huna: One should not stand and pray while he keeps a coin in his hand 241 ; (having the coin) in front of him is forbidden, at his back it is allowed. Rebbi Yasa used to bind them together and grab them in his hand 242 . And for money matters, (Deut. 14:25) "you shall bind the m o n e y together in your hand", only in your hand 2 4 3 . Hillel 244 .

Rebbi Yose bar Abun thus taught his son-in-law Rebbi

222 240

CHAPTER TWO An Israeli Amora of Babylonian

the owner is a kind of trustee.

The

origin who in his youth was a student

inference, which

of Rav Huna, the student of Rav.

d e r i v a t i o n , is that a n y b o d y w h o is

241

That one should not come to

trustee for other people's money can

examine it while praying; having the

discharge his obligation of p r u d e n t

coin w h e r e it cannot be seen is no

care only by having t h e money tied

impediment to prayer.

together and in his personal control all

242

Since b o u n d t o g e t h e r

is not a

strict

the time.

they

cannot be examined.

244

243

prayer and trusteeship.

The verse deals with money that

P r o b a b l y r e f e r r i n g to

both

has to be spent in Jerusalem, for which

Ί 3 n p y > > a i >33 r n r i i - m N τ η ? V3J?> n n ν π ν n a i p y ? > 3 · η n > p \ n

rpn-ρο n o p

r n

>3->> ρ η π η yurv{0 Hiybyi Nmy î i j w p o n a ν π ν . q i n n o i n>> i o n

.piv"! Ι ^ Ι Ι ί Ί

.n>jry»a!p

Rebbi Hizqiah and Rebbi Jacob bar A h a w e r e sitting at o n e p l a c e and Rebbi Jacob bar A h a had coins on him. There c a m e the t i m e f o r prayer, he u n b o u n d t h e m and g a v e t h e m t o Rebbi H i z q i a h .

He bound them

together little by little.

H e asked: W h a t

have you left? 245

T h e y b e c a m e untied and lost.

245

remedy for the worry.

This story is a counterexample

Hence, the

to the prescription given before. Since

practical conclusion would be t h a t

coins a r e s h o w n

coins have to be put in a s a f e place

to c o m e

untied

before the start of prayer.

sometimes, binding them together is no ν η ψ u n i o i p rrç n t i ia>ri?

v>?>o v n y >p η κ HÌVQ

>3"ì i o n

>Τ1>ψρ Ν3)3 >3-| "MON .513113 T l ì O n ? 13>N 71^33?» V)?y> J i n p 1 Ç N Ν31ΓΙ 3"ì r p n ? r i P N r i m a r i m p ? r o n * VM ")3ni> >3-1 DW? ΝΠΝ -13 3p}>>

nnp

"»5!

ÌÌ7>3NI t ? n r a >3-1 > n i p 0>Jl)?»p ^

^

«1311?

. r n i n n i l o n p n > ? ο ^ Ν ψ c p « n n?Nb>? η ί υ q ì y ^ n

223

HALAKHAH S

Rebbi H a n i n a 2 4 6 said: A l s o o n e w h o has his w a t e r o n his s h o u l d e r m a y recite Shema'

and pray.

R a v H u n a said:

praying d o not require concentration?

S o t h e r e c i t i n g o f Shema'

and

Rebbi Mana said: I p o i n t e d o u t t h e

d i f f i c u l t y b e f o r e Rebbi Phineas that e v e n if y o u say that t h e r e c i t a t i o n o f Shema'

does

not

concentration247?

need

concentration,

R e b b i Y o s e 2 4 8 said:

does

prayer

not

need

I c o n f i r m e d it f o l l o w i n g w h a t

Rebbi J a c o b bar A h a said in the n a m e of R e b b i Johanan: Y o u g o t it, t h e c o m p l e t i o n o f the w o r k s of w a t e r 2 4 9 that are not clear f r o m t h e w o r d s o f the Torah.

246

He refers back to the

Tosephta

cleansing from impurity.

Nevertheless,

that allowed praying if t h e c a r r i e r ' s

Rebbi Hanina s t a t e s t h a t o n e may

load d i d not e x c e e d 4 qab.

r e c i t e Shema'

The

and e v e n p r a y w h i l e

statement is introduced here since it is

carrying such water. This statement is

explained on the authority of R. Jacob

obviously difficult to accept. Rav Huna

ben Aha who was the main person in

(the second) dismisses Rebbi Hanina's

the preceding section.

statement as in obvious contradiction to

The water referred to here is water

generally accepted principles.

used for the sprinkling with the ashes

247

of t h e red h e i f e r to c l e a n s e f r o m

Hanina's s t a t e m e n t f o r Shema',

impurity caused by contact or closeness

reference to prayer musi be a mistake

to the body of a dead Jew, as explained

e v e n t h o u g h it r e f e r s t o a

prior

in Num. 19 and the Mishnah t r a c t a t e

s t a t e m e n t a b o u t p r a y e r only.

The

Parah.

T h e ashes of t h e red h e i f e r

sentence is a rhetorical question. In a

have to be given into 'Vs ^x 0 " n tra,

text f r o m t h e C a i r o G e n i z a h , it is

virgin f r e s h water in a vessel.

formulated as a declarative sentence:

This

E v e n if o n e a c c e p t s

Rebbi its

means t h a t a f t e r being d r a w n f r o m

"recitation of Shema'

f l o w i n g w a t e r , t h e w a t e r has to be

concentration; p r a y e r n e e d s c o n c e n -

watched so t h a t no kind of work is

tration".

done with it.

both versions.

A lapse of attention to

the w a t e r m a k e s it u n f i t f o r use in

248

d o e s not need

The meaning is the same in

The Amora, one of the editors

224

CHAPTER TWO

of the Yerushalmi.

water", not ηκυπ *η "ι he water of

249

sprinkling" that is the technical term

After the ashes have already

been given into the water, when it is

used for fresh water guarded for the

clear that the term "living water" no

ashes. It follows that as long as the

longer applies and there is no in-

ashes have not been given into the

dication in the Torah that it has to be

water, one may neither recite Shema'

guarded as strictly as before. This also

nor pray while guarding it.

explains R. Hanina's expression "his

o n ra\¿» > n s í o "tü ft

npN

>3)3)?

. " p w i o n vb^ cd!?

Tû>5 y ç ^ r i n p n n o s i n n ÍOÍ?·)

1 n w » (foi. 5b)

ηψ^ι© idn

.n^a

.-nos ιηηψ

nyy

v-po>ri

,τιηκ n y v Mishnah 6: The bridegroom is free from reciting the Shema'

in the

first night 2 5 0 ; until the end of Sabbath if he did not do the act 2 5 1 .

An

Rabban Gamliël married and recited in the first night 2 5 2 .

His

action:

students said to him:

Our teacher, did you not t e a c h us that the

bridegroom is free? He said to them: I will not listen to you to lift f r o m me the Kingdom of Heaven even for one hour. 250

Since he is unable to concen-

had their first sexual relations the

trate in anticipation of his first night

night following the S a b b a t h , cf.

with his bride. The bride, as a woman,

Minhagim of the Community of Worms

has no obligation to recite Shema' since

by R. Yospe Shamash, ed. I. Zimer, I. M.

this is a p o s i t i v e

commandment

Peles, vol. 2, p. 47; there the editor

occurring at stated times and does not

gives several conjectural reasons in

apply to women.

note 16. He also indicates that this is a

251

It was common usage even in

possible reflection of old usages from

seventeenth Century Germany that

the Land of Israel, never followed in

couples who married Wednesday night

Babylonia.

It seems to me that the

225

HALAKHAH 6 usage is quite u n d e r s t a n d a b l e if it is

the parties to get acquainted enough to

noted that bride and bridegroom w e r e

get intimate.

in their low teens, t h e girl possibly

252

even a pre-teen.

T h e m a r r i a g e was

"Rabban" and had students of his own,

arranged by the parents, with minimal

it is obvious that he was not a teenager

i n v o l v e m e n t of t h e p a r t i e s to t h e

and t h e m a r r i a g e w a s not his f i r s t .

wedding.

Hence, his level of anxiety was low.

Some time was needed f o r

m r ) ? ì N n m >>o> > a n

ow? oìvujn

njj«>>n >oi> >?-» n > » i p » a n jvn

Since he already had t h e t i t l e

ν

13>3ti N n i n>> mqh

Λ

.nav? n£>nna . r n i a n τ\ψν

ηηίβψ τ\;·>Ηψ

ni!?>> y ^ - i N Ί)?>η>

Halakha 6: Rebbi Eleazar ben Antigonos 2 5 3 in the name of Rebbi Eleazar the son of Rebbi Yannai: This means that it is permitted to start sexual relations on the Sabbath 254 . Rebbi Haggai said before Rebbi Yose: Explain it for a widow where he does not make a wound. He answered him: Did we not formulate "Four nights? 255 " Can you say four nights for a widow? 253

An Israeli Amora of the second

the normal case of a very young girl,

generation who always reports in the

the making of the wound is automatic.

name of R. Eleazar, son of R. Yannai.

Now, t h e m a k i n g of a w o u n d

254

Since t h e groom is f r e e f r o m

forbidden on the Sabbath but, accor-

reciting the Shema' Friday evening if

ding to Rebbi Simeon (bar Yohai), any

he did not yet have intercourse with

work not done for its own sake is not

his wife, it follows that we expect him

f o r b i d d e n , e x c e p t in t h e c a s e of an

to be anxious about it also Friday night.

automatic consequence ( x v n p'DS "cut

If he w e r e

off its head, will it not die?'). For the

not a l l o w e d

to

have

is

intercourse, t h e n he could d e f e r his

very young girls discussed h e r e , t h e

anxiety f o r a day and r e c i t e

wound

Shema'.

The problem is t h a t he will m a k e a wound in deflowering his w i f e and, in

might

be

an

automatic

consequence. The entire discussion belongs more

226

CHAPTER TWO

to Niddah

X:1 w h e r e all the parallels

in the Babli a r e f o u n d .

House of Hillel say until the wound is

T h e second

part of the Yerushalmi Niddah

healed" (one does not suspect any blood

is lost

to be menstrual).

W h i l e it is q u i t e

and it cannot be ascertained anymore

possible t h a t a v e r y young girl can

w h e t h e r the entire discussion of our

a l r e a d y be a w i d o w , t h e

Mishnah is taken from there.

cannot apply to her since the m a r r i a g e

255

festivities of a widow a r e only t h r e e

This refers to the first Mishnah

in the last chapter of tractate "About a y o u n g g i r l w h o

Niddah:

days (Thursday, Friday, Sabbath) while

marries

t h o s e of a v i r g i n a r e s e v e n

before puberty, the House of Shammai

(Ketubot

say that one allows four nights and the

here about a widow.

UN -ttiw

days

1:1). Hence, w e cannot talk

n}>5 πιο >th> >3*ì >&ip n j v w p n i î -13 api»?

113TÌ? Nì>y> " T ^ a ì n n . j ^ .>>?

Mishnah

n ç i >> I O N

ii3J}>3V> » n ? n b ì v ?

INDI

Jvançi

ι ι ο η β ψ 1N?Ì

ΊΟΝ .ΓΏψ} nt>-)ÌO t?>30> r0>3 ΠΏ nniwü^ lisipö Νΐηψ

.jnaVv* m o p

IN Ν»ν)-|·>ν)>ρ 1 1 Ί 3 pns>

. n ? n n i w ; ^ îïsrç? .>>?

.·»>? n n i w ^

"rabil

n n i ^ j

1Í3T1» Ν ί η ψ

¡"i^W?

Rebbi Jacob bar Savdi 256 said: I asked the question before Rebbi Yose: What is the difference between her and him who breaks a clay amphora in order to eat a dried fig from it 2 5 7 ?

He said to me:

But it says

afterwards, "only he should have no intent to make it into a usable vessel." And here when he has the intention of making her a married woman it is as if he had the intention of making her into a vessel. Rav Isaac bar Rav Meshirshia 258 said similarly: What is the difference between her and him w h o opens a boil on the Sabbath 2 5 9 ?

He said to him, but it says

afterwards: "only he should have no intention of making a permanent opening." And here when he has the intention of making her a married woman it is as if he had the intention of making her into a vessel 260 .

227

HALAKHAH 6 An Amora of the f o u r t h gener-

action in itself and, t h e r e f o r e , both R.

ation, probably somewhat o l d e r than

Simeon and R. Yehudah will forbid it:

Rebbi Yose.

R. Simeon because of his intent and R.

256

257

This r e f e r s to Mishnah

Y e h u d a h b e c a u s e it is a c o m p l e t e

Sabbat

action.

XXII:3: "One may break a clay amphora (whose top has been closed off by solid

In the Babli, the deflowered woman

clay) in order to eat a dried fig f r o m

is called a vessel; the Yerushalmi only

its contents, but he may not have the

compares her to a vessel.

intent to m a k e it into a p e r m a n e n t

258

vessel," i. e., he may not break the seal

sharshia. He is a Babylonian who was

open in such a way that it needs no

associated with the last editors of the

more action after the Sabbath to make

Yerushalmi and the first editor of the

In the Babli, t h e n a m e is Me-

the opening a permanent one that is

Babli.

easy to use. This follows the principle

same question is asked by Rebbi Ammi,

q u o t e d b e f o r e that a c c o r d i n g to R.

the Galilean authority two generations

Simeon, work not needed f o r its own

earlier.

sake is not f o r b i d d e n on the Sabbath.

259

In the Babli (Ketubot 6b), t h e

Which is allowed (Babli Sabbat

Even R. Yehudah, who disagrees and

107a) f o r the same reason as why the

states that any complete work

top of an amphora may be broken, with

is

f o r b i d d e n on Sabbath irrespective of

the same restriction as to intent.

intent, will agree that breaking off an

260

irregular piece of the c o v e r i n g does

In t h e Rome ms. and G e n i z a

f r a g m e n t s , the last s t a t e m e n t reads:

not constitute complete work since it

ns nV miPvV "(He has the intention) to

needs f u r t h e r regularization a f t e r the

make her a permanent opening."

Sabbath. Rebbi Yose's answer is that

Our

text probably is dittography.

b r e a k i n g t h e hymen is a c o m p l e t e

n n n N n rryian η ψ ί ν Νίπψ >î?n

π!?>ηη?!7 n ^ v ? c h n t>iyi> t i ï >ari

. • f l D ^ o u m ÌB?N>>P> o n n N !

"piN r n

η - Π « v o y » -»ζη p s i ni

p m

,-IÌON

r j m >i!?>y n p · ) j p o i

>3 > o v >3-1 n o N ·>όη

. r n i i n η ψ ν ? π>>»κη

Τ Ο ^ Ν Ί ìmny .ηΝ'ϊο

yçy n?iN> Í O

n p

228

CHAPTER TWO

It w a s stated 2 6 1 :

"A m a n should not h a v e first s e x u a l r e l a t i o n s o n t h e

Sabbath b e c a u s e h e m a k e s a wound; but others a l l o w it." R e b b i Y o s e bar A b u n said:

T h e r e a s o n of t h e o t h e r s is that h e is intent o n his job; t h e

w o u n d results a u t o m a t i c a l l y 2 6 2 .

A s s i 2 6 3 said, it is f o r b i d d e n .

Benjamin

f r o m G i n z a k 2 6 4 w e n t o u t and said in t h e n a m e of Rab, it is a l l o w e d . Samuel heard it and r e s e n t e d it, h e [ B e n j a m i n ] died, h e [ S a m u e l ] recited f o r him: praised b e H e W h o s m o t e h i m 2 6 5 .

A b o u t Rav, he [ S a m u e l ]

recited: ( P r o v . 12:21) "The just will cause n o wrong."

261

This baraita

is also q u o t e d in

wedding meal.) It is seen here that the

5b, w h e r e it is d e t e r -

Yerushalmi is strictly of the opposite

mined that "others" means R. Simeon

opinion; hence, the identity of "others"

who states that an action not expressly

is not determined here.

i n t e n d e d is not f o r b i d d e n on

262

Babli Ketubot

Sabbath.

the

It is e x p l a i n e d t h e r e , that

Hence, t h e a c t is p e r m i t t e d

according to R. Simeon.

even though R. Simeon forbids actions

263

which automatically imply some other

in the Babli as the first authority who

action that desecrates the Sabbath, here

allows it.

he allows a first sex act on Sabbath

264

since s p l i t t i n g t h e h y m e n is not a

the capital of Media, called Gazaka by

n e c e s s a r y c o n s e q u e n c e if t h e m a l e

Ptolemy. Another version is told in the

partner

Babli, Niddah

is

considerate

(and,

His alter ego, Animi, is quoted

Ginzak ("city of the treasury") is

65a. According to the

consequently, an intact hymen is no

version which allows first sex acts on

g u a r a n t e e of v i r g i n i t y . )

Since we

the Sabbath, Benjamin, c a l l e d t h e r e

decide on the Sabbath according to the

"from Saqasan", tried to follow a ruling

opinion of Rebbi Simeon and since the

attributed to Rav to the e f f e c t that a

medical statement is by Samuel, the

second sex act would be p e r m i t t e d

greatest medical authority in the Babli,

even without waiting the seven days of

it is clear that the Babli decides that

a cleansing period regularly required

first sex relations on Friday night are

of a menstruating women, and applied

permitted. (In the Middle Ages, poor

to the newlyweds since blood f r o m the

people married on Friday a f t e r n o o n in

breaking

order to save expenses for a separate

indistinguishable from menstrual blood,

of

the

hymen

is

229

HALAKHAH 6 as discussed in the following section.

265

"Ήρ" means "recited a Biblical

In the Babylonian version, Benjamin

verse". There is no such verse but its

tried to act according to this ruling but

intent is close to ISam. 25:39.

he died before he could do so.

vqfcvb

Γ φ ? 7 N>nr»íf Np-pfl·? í ^ n ^ N j p ^ n N>nrr!?3

•)íV3 . Π Ν ^ η

y n n π ϊ ψ η ρ ί - ρ η η frpH p i y " ì l ^ Ί

η ϊ rrçjan ο ι ? ntofl!? v i ö n p o p r i >&> Ν}>1Γ) N3N

ϊκναψ ηψν»?>

,n»3y> n ^ y ? !?iy?> i n ç i j q v > ? i > i n i p

ìNiy)? r ò r p n ^ n o . w n i n κ ι η η » ) ψ n£>y? Ιίνίρψ

N-τπ? - o o Minn η>> ί ο ψ ι

n>)>3V>W 1Π2Ν >3"| "1ÇN .0>ΪΡ3 ΓΠΠΟ >J0> n!?>y:i !?iV3> i n j ? "»tJ/!?*

Τ ί Ί ψ η i!?>flff n a v i n a V P } ? ? n p i r n n*-)3 ->çn ^ N ì n ^ l un!?

nin

Ν3>ΐΓ) N ' p i i a p tJNìny

0 7 n | >n r m y o >> - i o n pn>p 1 3 ì w ì o w

>an

iqh

bNio^n .jivtì-i*

,n>?>p y ^ Í

Ί ί ο ι ο n j n y r ï j s ηη>α> r n i O N η ^ ? >?ri .o>>iri3 DT rrç >ÍO rrç>)

o i o y ni>3 0 7 Samuel said: All the rules spelled out at the start of the last chapter of Niddah

are theoretical and not for practical application 2 6 6 . Rebbi Yannai

fled even f r o m married pre-puberty girls 2 6 7 . They asked b e f o r e Rebbi Yohanan: What about a second sex act? They said, he did not teach to take all f o r blood of the wound, how could he rule f o r a second sex act 2 6 8 ? What we are asking about is the case when there w e r e days of interruption, days of purity, in between 2 6 9 . Rebbi Abbahu said: I was the best m a n of Rebbi Simeon bar Abba and I asked Rebbi Eleazar:

is it

possible to have the second sex act? He permitted it, since he holds like Samuel, and Samuel said: One may enter a narrow gap 2 7 0 on the Sabbath, even if one rubs off some pebbles. Rebbi Haggai said: I was the best man of Rebbi Samuel the Cappadocian 2 7 1 ; I asked Rebbi Josiah and he shrank

230

CHAPTER TWO

f r o m it 2 7 2 . I a s k e d Rebbi S a m u e l bar Isaac; he said: n o w , w h a t is b l o o d o f a period and w h a t is b l o o d of v i r g i n i t y 2 7 3 ?

It w a s stated 2 7 4 : "The bride is

forbidden f o r her h o u s e all s e v e n days and he m a y not t a k e f r o m h e r t h e c u p of blessings, the w o r d s of Rebbi Eliezer." W h a t is the reason of R e b b i Eliezer?

It is i m p o s s i b l e that not s o m e m e n s t r u a l b l o o d b e m i x e d in t h e

b l o o d of virginity.

266

T h e rules allowing m o r e than

here.

one sex act w i t h n e w l y w e d virgins

271

while either the wound is not healed or

here, an Amora of the third generation,

seven days had not passed since t h e

of the c i r c l e of s t u d e n t s of

wedding night. The same statement of

Yohanan.

Samuel is in Babli Niddah 65a.

272

267

Like all other authorities quoted

Rebbi

He r e f u s e d to give an opinion.

touching

It is not 100% clear what Rebbi Haggai

them, just as it is forbidden to touch a

a s k e d , but w e may assume t h a t his

married woman after puberty.

question was i d e n t i c a l w i t h t h a t of

268

Rebbi Abbahu.

He r e f r a i n e d f r o m

In t h e w e d d i n g night, w h e r e

according to him only one sex act is

273

allowed. "He" is R. Yohanan.

since on t h e one hand we a l l o w an

269

That m e a n s that w h e n a man

occasional rubbing o f f , and, hence, in

married a virgin and the required time

our case an occasional d r o p of blood,

has passed since the wedding night it

f o l l o w i n g Samuel, but on t h e o t h e r

turns out that the first night in which a

hand we treat every d r o p of blood on

second sex act is permissible would be

f e m a l e g e n i t a l s as m e n s t r u a l

a Sabbath. This is a valid question for

necessitating seven days of cleansing

the Yerushalmi which f o r b i d s a f i r s t

when all bodily c o n t a c t

act on t h e S a b b a t h ; t h e r e is s o m e

spouses is forbidden.

chance that a second act will again

274

p r o d u c e some minor lesion and some

this is a baraita in Massckhet

drops of blood.

(a c o l l e c t i o n

270

tradition.)

In a dirt wall. The statement of

It seems impossible to d e c i d e ,

and

between

In a slightly d i f f e r e n t wording

in

the

Κ allah 1

Yerushalmi

At any meal d u r i n g all

6b and

seven days a f t e r the w e d d i n g , seven

is used there for the same argument as

benedictions a r e said o v e r a c u p of

Samuel is also in Babli Ketubot

231

HALAKHAH 7 wine for the newly weds after grace is

notes that the groom is not allowed to

recited. The bride is required to drink

take the cup back from the bride since

from the cup of which her husband

she has to follow all the rules of the

drank, as a fertility rite. Rebbi Eliezer

menstruating woman.

V 7 > n > r i it? ì i p N >iN •τ 0>30©>N OTN TT··:

,iny>N η η ρ ψ " p w i o τ INWD τ ¡ · ·>i>N · · ' p ? ! ?τ

>(rn :t m v n

TO "»ION t Nτ τV · τ .Nim!? » τ t t"

M i s h n a h 7: H e 2 7 5 t o o k a b a t h in t h e first n i g h t a f t e r his w i f e died.

His

s t u d e n t s said t o h i m : Did y o u , o u r t e a c h e r , n o t t e a c h us t h a t t h e m o u r n e r m a y n o t t a k e a b a t h . H e said t o t h e m : I a m n o t like m o s t o t h e r p e o p l e , I a m asthenic276. 275

Rabban Gamliel.

276

Greek ασθενής.

situation is i n v o l v e d , a l w a y s Medical con-

have

precedence over the rules of mourning.

siderations, even if no life-threatening

n i n >on

oro

π ι ο >t?i> >?-) ."inj 13>N ρ

n ^ n - i i "»ion ï i h nm

:» n a i n

r u n v r ï o ΓΡ> n i n i N 3 -II n » n

N^iy

t O ) rP> 1 Ç N ΝΠΝ >3"! >3Ì> 1Π3 1 3 N 3 >3"1> Γ Ι ^ Ι N ^ i y ΓΡ>

i n i > 3 - p n>> n i n * ) >3->7

ino

W?N

>Ì3N N o n >3"! Ν"ΤΓ) ρ

« i n ) ^ N ^ N ^ n ì y n>> rnn >ON >3-1 ,113>N 7ÌV1

VITI N)?>>7 n>> -ÌON Wn/?

.>3-1

n^yj-'yo

^ Γ ΐ η Ο Ν 11ΠΝ"! , Ν 3 "13 Π>>Π

• i n p N i ΐ33*ι> ^NV N - n i y n>> r n n N > y ^ i N > 3 7 7 H a l a k h a 7: W h o 2 7 7 s t a t e d t h a t t h e m o u r n e r is f o r b i d d e n t o t a k e a b a t h during the entire seven days?

Rebbi N a t h a n 2 7 8 .

Something happened to

R e b b i A m m i 2 7 9 , h e a s k e d R e b b i H i y y a b a r A b b a w h o i n s t r u c t e d h i m "all seven days following Rebbi Nathan".

Something happened to Rebbi

Y o s e 2 8 0 ; h e s e n t R e b b i A b b a b a r C o h e n t o R e b b i A h a ; h e said t o h i m :

232

CHAPTER TWO

Rebbi, did y o u not s o teach us that s o m e t h i n g h a p p e n e d t o R e b b i A m m i , h e a s k e d R e s h L a q i s h 2 8 1 w h o i n s t r u c t e d h i m "all s e v e n d a y s f o l l o w i n g H e said to h i m 2 8 2 , m a y b e t h e s e w e r e t w o s e p a r a t e

R e b b i Nathan".

incidents, w e say it in t h e n a m e of R e b b i H i y y a bar A b b a , y o u s a y it in the n a m e of R e s h Laqish.

And also f r o m the f o l l o w i n g 2 8 3 :

Something

happened t o Rebbi H a m a 2 8 4 , father of Rebbi O s h a y a , h e a s k e d t h e rabbis and t h e y f o r b a d e it.

277

This entire discussion belongs to

t h e t h i r d c h a p t e r of t r a c t a t e

bathing; he sent one of his students to

Moëd

ask Rebbi Aha, t h e greatest authority

There

in Lydda, in Judea. In the next section,

are some textual d i f f e r e n c e s between

it will be seen t h a t in t h e South, in

the two texts, an occurrence rare in the

Judea, one did not follow Rebbi Nathan

Yerushalmi. But in fact the deviations

and allowed bathing for the mourner.

of the text h e r e f r o m its o r i g i n a l in

Nevertheless, Rebbi Aha did not want

Moëd Qatan are all scribal or printer's

to i n t e r f e r e w i t h t h e

errors, as is shown f r o m the Rome ms.

accepted in Galilee and answered not

and the Genizah fragments. Therefore,

with his own opinion but with a note

the text h e r e follows the Moëd

that Rebbi Yose himself had t a u g h t

Qatan (Halakhah

5, fol. 62d).

Qatan

prohibition

text w h e r e v e r t h e r e is m a n u s c r i p t

about two cases where the question had

evidence from Berakhot to support that

come up in Galilee and was answered

version.

in the sense of Rebbi Nathan.

278

281

Usually k n o w n as N a t h a n t h e

Rebbi Simeon ben Laqish; t h e

Babylonian, a Babylonian f r o m t h e

abbreviation "Resh Laqish" is standard

Davidic

in the Babli but very i n f r e q u e n t in the

family,

second

in

the

Synhedrion under Rabban Simeon ben

Yerushalmi.

Gamliël.

bably is that of a lazy copyist.

279

282

A close relative of Rebbi Ammi

T h e a b b r e v i a t i o n pro-

Rebbi Yose to Rebbi Aha, that

died, for whom he had to mourn f o r

m a y b e this was only o n e o c c a s i o n

seven days.

reported under two d i f f e r e n t n a m e s

280

and, t h e r e f o r e , r e p r e s e n t s only t h e

T h e f o u r t h generation A m o r a . felt

opinion of o n e t e a c h c r a n d n o t a

uncomfortable with the prohibition of

g e n e r a l l y a c c e p t e d r u l e t h a t would

It

seems

that

Rebbi

Yose

233

HALAKHAH 7 need at least two supporting a u t h o r -

ities, I have a completely independent

ities.

occurrence in which G a l i l e a n r a b b i s

283

gave the same ruling and, t h e r e f o r e ,

T h i s is R e b b i A h a ' s a n s w e r :

Even if you do not agree that Rebbi

you have to accept it.

Ammi asked twice, f o r two d i f f e r e n t

284

He is t h e t h i r d

generation

cases of mourning, and was given the

Amora, f a t h e r of R e b b i O s h a y a t h e

same answer by two d i f f e r e n t author-

second.

133*1 *1)D>J1 1>N

.N'ÇÎ'Vf

ÍM N O m 1 J 3 1

^ Ν ψ Min"!

-1331 V ^ N

i n n i)o>ri ρ κ

^ > η η η > w m y o i p p >357 ."inpN Ν ΐ η ψ >» 1Ì2N

>3

>OÌ> ,κηο

Nom

l ^ i "v?>ri ^ n

-»ON . v s p r n ® D Ì T T I Ì p e r n i o n \ ? > p n Ί Π Ν r m i N n y i y l i m n n y r n n r\t<

Rebbi Y o s e asked, w h i c h r a b b i s 2 8 5 ? the South?

T h e rabbis h e r e o r t h e rabbis in

If y o u say the rabbis of here, it is f i n e 2 8 6 .

If y o u w o u l d s a y

the rabbis f r o m the South, w o u l d he h a v e a s k e d m i n o r a u t h o r i t i e s w h e n greater o n e s w e r e b e f o r e him? If y o u say t h e rabbis o f t h e S o u t h , s o m e of t h e m w o u l d a l l o w and s o m e of t h e m w o u l d f o r b i d , as w e h a v e stated: "At a place w h e r e it is c u s t o m a r y to bathe a f t e r a funeral, o n e m a y bathe; in the South o n e bathes." Rebbi Y o s e bar A b u n said: H e w h o permits that bath m a k e s it like eating and drinking 2 8 7 . 285

Rebbi Yose is not satisfied with

assume

that

"the

rabbis"

were

opinion,

as a

the second source of Rebbi Aha since it

Southerners whose

speaks of unspecified "rabbis" whose

minority opinion, would not count as

place and importance, as a precedent in

precedent.

Galilee, is indeterminate.

287

286

This is Rebbi A h a ' s a n s w e r :

ed. Chavel, p. 175-176), Rebbi Yose bar

Since the questioner is Galilean and all

Abun r e s t r i c t s t h e b a t h i n g to t h e

t h e i m p o r t a n t A c a d e m i e s w e r e in

aftermath of the f u n e r a l and says that

Galilee at his time, it is unreasonable to

in the same way that the mourner must

According to Ramban (Writings,

234

CHAPTER TWO

have his first meal prepared for him by

of mourning.

his r e l a t i v e s a n d

u n d e r s t a n d t h e q u e s t i o n of

f r i e n d s , so

his

It then is d i f f i c u l t to Rabban

relatives and friends must cleanse him

Gamliel's students. Ramban writes that

after the f u n e r a l f r o m dust and germs

either he lived in a community w h e r e

(Kna'w). Hence, where it is customary,

that bath was not customary or he was

e. g. in the South, the mourner can have

not s a t i s f i e d w i t h t h e c o l d

one bath, prepared by others, just a f t e r

prepared for him but took a f u l l warm

the f u n e r a l but is f o r b i d d e n to h a v e

bath with following rubbing with oil

another one f o r the rest of the period

for his asthenic condition.

íqr)?

.-mi» vi^ri ï y πΡΝψ n y n - α înN

•ρ!? - h o n OV?

.·>πρ>7

1Γ|

2

VN

. i ù p r t ϊ ψ n y n - p -ΙΚΡΤΠ ΝΤΠ

lìTiN w o n .INI nvvn?

bath

^

ί α toy ΗΖΗ - Ο î w w y n

VN

Ν Ι Π Π>>)3 > n p ?

N ^

.onisrpn That m e a n s , a b o u t a bath f o r p l e a s u r e . pleasure is p e r m i t t e d

288

B u t a b a t h t h a t is n o t f o r

. A n e x a m p l e is the case of Samuel bar A b b a w h o

d e v e l o p e d scab. T h e y c a m e and asked Rebbi Y o s e , w h a t is t h e rule, m a y he bathe? H e said t o them: If he d o e s not bathe, w o u l d he not d i e 2 8 9 ? h e n e e d s it, e v e n o n t h e N i n t h o f A v .

If h e n e e d s it, e v e n o n

If

Yom

Kippur 2 9 0 . This is in keeping with Rabban

does not consider the remark of Rebbi

Gamliel's ruling, that every medically

Yose a restriction on t h e use of any

288

indicated bath is permitted.

medically indicated bath.

289

290

The author of Sepher

Haredim

On both days, formal washing is

takes this as hyperbole since in case of

forbidden. The rule is quoted in Babli

danger to life everything is permitted

Yoma 77b.

except murder, incest, and idolatry; he

iau

O N V V 1 Î N ^ V m p > O N M Ì O ÍJ1ÍN IN") N3>?n

>t>V >3")

,VV7,ï N > n ^ n - i i j i s J i ^ n n ν Ν ψ

235

HALAKHAH 7

T h e y s a w R e b b i Y o s e , s o n of R e b b i H a n i n a 2 9 1 , i m m e r s i n g h i m s e l f . T h e y did not k n o w w h e t h e r it w a s f o r his e m i s s i o n 2 9 2 , t h e y did not k n o w w h e t h e r it w a s t o c o o l d o w n b e c a u s e b a t h i n g in c o l d w a t e r is n o t c a l l e d bathing293. 291

O n e of t h e f i r s t s t u d e n t s of

293

It remains u n d e c i d e d w h e t h e r

Rebbi Yohanan, p r e c e d i n g the o t h e r

taking a cold bath during the mourning

authorities mentioned up to now.

p e r i o d is p e r m i t t e d or not.

292

The

An emission of s e m e n w h i c h

Babylonian a u t h o r i t i e s in t h e Babli

requires immersion in a ritual bath as

CTaanit 13a) declare that a cold bath is

explained in the next chapter.

Marital

forbidden to a mourner (and, therefore,

relations are forbidden for the mourner

on the Ninth of Av) but is allowed on

during

fast days (in a year of draught) when

the entire seven

days

of

mourning.

the emphasis is on deprivation.

Jiin»(? v ^ n ì * n i } · π η ρ

n m

non

nin

,ν>?γι p r p N a >3-» n i n ,D>Ç3 ΐ 2 > Γ η π > - ι π ι η ψ v ^ y

Rebbi A b b a t a u g h t l i k e that w h i c h w a s s t a t e d 2 9 4 .

Rebbi Aha taught

a b o u t h i m w h o c o m e s f r o m t h e r o a d 2 9 5 and his f e e t a c h e t h a t h e is permitted to w a s h t h e m with water. 294

This statement does not belong

prohibition of taking a bath on these

here but either in the last chapter of

fast days.

Yoma (fol. 44d) or the first chapter of

295

Taäniot: "When somebody goes (on the

observe the period of mourning with

Ninth of Av or Yom Kippur) to see his

the family but arrives only a f t e r t h e

teacher and has to pass a river on the

f u n e r a l when the rest of t h e f a m i l y

way,

without

already is in full mourning. This ruling

compunction." The statement is given

of Rebbi Aha is not restricted to the

here to show that, in fact, taking a cold

place where one allows a bath f o r the

bath by walking through the ford of a

mourner but falls under the heading of

r i v e r , is no i n f r i n g e m e n t of

medical necessity.

he

crosses

it

the

A family member who comes to

236

CHAPTER TWO

This ruling introduces s u b s e q u e n t

trip, or p e o p l e on a t r i p w h o meet

statements concerning a mourner on a

iNia»\i>?>

mourners.

.b*T3on n £ > y ? a · ρ - ι π ι η Τ Η 3

ΐ ' π ψ Γ φ ί ρ ί !7?N >?ΓΙ

. Ί ί ΐ ^ rpiyri? p i α κ ? nyvma p i It has b e e n stated:

.raton? - p y n

"A m o u r n e r a n d o n e b a n n e d 2 9 6 o n a t r i p a r e

permitted to wear sandals297.

When they c o m e to t o w n they should

r e m o v e t h e m . T h e s a m e holds f o r the Ninth of A v and public fasts 2 9 8 ." 296

One put in the ban by rabbinical

298

The fast days proclaimed in the

authority f o r improper behavior, who

Land of Israel during a draught, when

should show the signs of mourning.

all the deprivations of Yom Kippur are

297

Even though mourners a r e not

also in force. The only fast day in the

a l l o w e d t o w e a r l e a t h e r s h o e s or

diaspora w h e r e these rules also apply

sandals.

is the Ninth of Av.

T h i s a g a i n is a

medical

exemption.

>31

DÌ"ì7?ì

V>NÌW

•pî? *IÇN

. i t a !?>NWÌ N r i a w a

>pv > -n

.O>nip>?

Ì?ÌNV>> l î q W m n i ">IIN *τη> ÎKN N a n

o?>>y oit>y t ù y

0"TN VyiTf? 0 7 K ^ i l i D"TN >N*ii3>i<

•lia ϊ κ ψ n't η «

N n a w a NȣaN n o d

yii> o > n >în

*VN)? > a " n a Π ΐ ψ ρ Ν Β ^ Γ )

^Κψ1»

?ίΗΊ 1ΓΙΝ ΓΡ> η ) ? Ν

.o?>?ip>?

wy^in

N ^ I N Ν)?η η>?Ν

. n > p t p y τνα ρ!?

>3

ΤΠ

,y«3

"ϊ»ν

. n a ^ a Í7?N ι>Νψ a ? i | > 7 ì r i > Ν 3 π>>>η i n ç y*T>» i ì d n > ν y a ή!? i o n

niay a ^ y i>pi> Ν ί η

. r i a ^ n p - j a w n>v)yri Ν>η * π ? - ) ? a > r p 7 . i j a i?y

asyí Nç>jn dod

nìd

.ritoiN

It is stated: "In a place w h e r e o n e is u s e d t o g r e e t m o u r n e r s 2 9 9 o n t h e Sabbath o n e m a y d o so. In the South o n e does greet." T h e great Rebbi O s h a y a 3 0 0 w e n t t o s o m e place, s a w there m o u r n e r s o n t h e S a b b a t h and g r e e t e d t h e m .

H e said t o t h e m :

"I d o n o t k n o w t h e

237

HALAKHAH 7

c u s t o m of y o u r place, but be greeted according the c u s t o m of our place." R e b b i Y o s e , s o n of Rebbi Halaphta, praised R e b b i Mei'r b e f o r e t h e people of Sepphoris: A great, holy, and m e e k man. At s o m e time, h e s a w mourners o n the Sabbath and greeted t h e m . the o n e w h o s e praise y o u p r o c l a i m 3 0 2 ? works? them.

T h e y said t o h i m 3 0 1 : Is that

H e said t o t h e m , w h a t are his

T h e y said t o him, he s a w m o u r n e r s o n the S a b b a t h and g r e e t e d H e said t o them: y o u h a v e to r e c o g n i z e his strength; h e c o m e s t o

m a k e y o u a w a r e that there is n o mourning o n the Sabbath.

That is w h a t

is written ( P r o v . 10:22): "The blessing of the Lord m a k e s rich," that is t h e blessing of Sabbath, "He will not add grief t o it," that is m o u r n i n g , as it is said ( 2 S a m . 19:3): "The k i n g is grieving about his son." 3 0 3

299

Wishing them well.

the South was adopted also in Galilee.

300

One of the foremost students of

The disagreement between the people

Rebbi, the compiler of the Mishnah,

in t h e S o u t h

(Judea)

and

North

and of Rebbi Hiyya. He was from the

(Galilee) is also discussed in the Babli

region of Lod in the South, but he

(Megillah

studied in Galilee.

In his story, the

source the dispute was only settled in

A r a m a i c v e r b f o r "to see" is 'tn in

favor of the Southern s t a n c e in the

Southern (and Babylonian) Aramaic. In

days of Rebbi Yohanan.

the following story about Rebbi Yose

302

23a,b); a c c o r d i n g to t h a t

B e c a u s e he s e e m s to be an

from Galilee, the corresponding verb is

ignoramus.

Galilean Aramaic ' a n

303

301

In this entire story, the singular

about t h e meaning of t h e root ax»,

refers to Rebbi Yose (the Tanna) and

which as a v e r b e i t h e r m e a n s "to

the plural to the people of Sepphoris.

grieve, to be pained", connected with

We learn that in the region of Sep-

Arabic a*y, or "to form, create", close

This is a lexicographical note

p h o r i s , l o w e r G a l i l e e , is was not

to Arabic a*y. As a noun, one usually

customary to console mourners on the

distinguishes axy "pain, g r i e f ; labor,

Sabbath. From the conclusion we may

gain; vessel", a*y "worker", and ax'v

i n f e r t h a t u n d e r t h e i n f l u e n c e of

"idol, pain".

Rabbis Yose and Mei'r the custom of

verse in Proverbs

Usually, the noun in the is t r a n s l a t e d

by

238

CHAPTER TWO

"labor", but t h e e x p l a n a t i o n

here

"grief",

substitutes the more common meaning

1 3 3 1 13ΤΠ0>> ί Ό ft Π ) ? Ν o m v

ίνΨ?

u o

·ί>>ρΐη3ΓΙ V b y t?3>j? i l l J !

ν * ΊΟ^

ο ^ ^ η

ΓΙΒψ?1 :Π VWOÌi

ì y vmrpri

Ví
Mishnah 8: And when his 304 slave Tevi died, he received condolences about him. They said to him: Our teacher, did you not teach us that one does not accept condolences for slaves? He said to them: My slave Tevi was not like other slaves, he was honest 305 . 304

Rabban Gamliel's.

assumed t h a t s l a v e s w e r e

305

Since slaves were not liable in

c o n f i d e n c e men, and c a r e l e s s w i t h

civil law, they could not be sued f o r

anybody's property and, w h e n f r e e d ,

damages of any kind, and neither could

had trouble establishing themselves as

their master for their misdeeds; it was

trustworthy witnesses.

1>N Μ π > 3 ΐ ι η >3>3

"pnirpri

DnnN o n i n >n νπ

thieves,

:π γ ι ^ τ ι

. o m y n ï y V P ^ r » V>?Î?>?

Halakhah 8: Hence, about unrelated f r e e d m e n o n e

accepts

condolences? So is the Mishnah: one does not accept condolences for slaves. 306 306

There are several

different

were free the master would not accept

explanations of this cryptic piece. The

formal condolences for him since these

most reasonable is by R. Abraham ben

are restricted to those close relatives

Adrat (Rashba) in his commentary on

for which one has to keep a period of

Babli Berakhot 16b: Since the slave is

formal mourning.

not related to his master, even if he

the Mishnah has to declare explicitly

The answer is that

239

HALAKHAH 8 that one does not accept formal con-

to the case of a student f o r whom the

dolences since the slave is a member of

teacher may accept condolences; see

the household and, p r e s u m a b l y ,

the section after the next.

is

treated like a family member, parallel

05D3

t?a>p

innD> v p j r i p c ι υ ρ η

>Jl»n n j p n p ? VN

η ρ κ

ION

Ν^Γ)

V " > i n >3? ïy

ν Ί Π Ν It????·) J l > } >

.vnnin?

on

I^SN

VP?

.71971?? o n a y m »

ixiPD? IN n ? j j

.071VÍ?

iJinpw n r i n i η ψ ν ο

ty .νΊΠΝ >l S"!

"ISn!? 0 £ P ? Î » 3

VWia?

» j a » o'l^V5? ^

VP?

V P ^ n

t j ^ i>>?¡?)?

i>Dìn?ri v > ? î ? ) p Ì>N D n n N i

ty

.liiipO

D i p o n it? ι η ί κ

It h a p p e n e d that R e b b i E l i e z e r ' s m a i d s e r v a n t d i e d 3 0 7 and his students c a m e t o h i m f o r c o n d o l e n c e s but he did n o t a c c e p t . c o u r t y a r d , t h e y f o l l o w e d h i m there. h i m there.

H e entered

the

H e e n t e r e d the h o u s e , t h e y f o l l o w e d

H e told t h e m : I w a s t h i n k i n g that y o u w o u l d b e b u r n e d b y

l u k e w a r m w a t e r but y o u a r e not burned e v e n b y b o i l i n g w a t e r .

Did they

not say that o n e d o e s not accept c o n d o l e n c e s f o r slaves because s l a v e s a r e in this l i k e animals?

If o n e d o e s not accept c o n d o l e n c e s f o r unrelated f r e e

persons, s o m u c h m o r e f o r s l a v e s 3 0 8 .

If o n e ' s s l a v e o r a n i m a l d i e d , p e o p l e

say t o him: T h e O m n i p r e s e n t m a y r e p l a c e y o u r loss.

She must have been his personal

accept condolences f o r slaves", mea-

maidservant. The story is repeated in

307

ning that this is a rule that cannot be

an enlarged version in Babli

waved.

Berakhot

In the Babli, his attitude is

16b and, in the Yerushalmi version, in

directly contradicted by Rebbi Y o s e ,

Evel Rabbati 1:9,10.

the most authoritative oí the Tannaïm

308

Rebbi Eliezer disagrees with his

of the fourth generation.

Rebbi Yose

and

even recommends eulogies f o r honest

with the statement of the previous

slaves; this represents the G a l i l e a n

section in the Talmud. He will read in

attitude (not shared in Babylonia) and,

the Mishnah "because

while

brother-in-law Rabban G a m l i e l

one does not

not

spelled

out

in

the

240

CHAPTER TWO

Yerushalmi, is taken for granted in this

present story gives examples of model

passage which immediately after the

eulogies for rabbis.

\wn i » a p N*i3j? -»37 γργιον -ia N7N *ia N » n »an rjB^j 7 3 >to»y

ϊ κ χ n> 1 3 ?

a>an Ηψ2 ί ^ ί γ)>ι>ο>τ» hopo n>an nyrrc

i33> τ ι > n i l H ï y r p - m .o!?iyn rrç oip>>·)

, o > m niyi> o y i a n

tv

*n> , κ ι π rpna « m p n n* h V t

.o>?3a niy-}>

.D'pivn n i n w

n ç i i n a i n nn>

o > m (foi. 5c) niy-)> town

. t r n s i!? y o i tj^jan ntyy n o

.ìD»?>ap ,>ni>? - m v

V?n< otyiao D'p^ri

ftm

a>an r p ^ i "ja to n>rrç>

>N îinvy) tola o ^ y n t o ? >m>? n>n v i n ty W i n ntyiy i a n n>m> n y ^ a >(sp)p n>n i t » y ? a η>ηψ n y ^ a i

ί ο π η ? l i n a nypiJi obiya

i m p Nin :p->a v m p n ï y W i n p w i y

ny>p? it

ny^»a

i p a u p i i N u p i o ^ i y n n i a w a p n s n t »Ν π κ η " ) tola o b i y i v i ^ : ! o>pHSD

n>n i i m p p > y ? n ιηψ n y ^ n i . a r m Vitp ii>a

When Rebbi Hiyya bar Ada 3 0 9 , the nephew of Bar Qappara, died did Resh Laqish accept for him since he was his teacher and a student is beloved as a son 310 . He went and eulogized him: (Song of Songs 6:2) "My friend descended to his garden, to the spice patch 3 1 1 , to shepherd in the gardens." 312

It would have been necessary only to say ""My friend

descended to shepherd in the gardens." But "my friend" is the Holy One, praise to Him. "He descended to His garden", that is the world. "To the spice patch", that is Israel. "To shepherd in the gardens", these are the peoples of the world. "And to collect lilies", these are the just ones whom He removes from their midst. They gave a parable, to what can this be compared? To a king who had a son whom he loved very much. What did the king do? He planted a garden for him. When the son did the will

241

HALAKHAH 8

of his father, the father searched in t h e e n t i r e w o r l d f o r a n i c e plant and planted it in his g a r d e n .

W h e n the son was making him angry, he cut

d o w n all his plants. S o w h e n Israel d o e s the will of t h e H o l y O n e , praise t o H i m , h e searches the entire world and o b s e r v e s t h e just p e r s o n , b r i n g s h i m and attaches h i m t o Israel, like Jethro and Rahab. A n d w h e n t h e y a r e m a k i n g h i m angry h e r e m o v e s the just o n e s f r o m a m o n g s t t h e m 3 1 3 . 309

A second generation Amora in

Galilee.

He had the r e p u t a t i o n of a

saintly man.

He might h a v e been a

s t u d e n t of t h e y o u n g Rav in Academy

of R e b b i , but his

which also is appropriate to the sermon based on this verse.

This does not

imply that the verse in Resh Laqish's

the

Bible had here a singular, only that the

main

i n t e r p r e t a t i o n as s i n g u l a r is m o r e

teacher was R. Simeon ben Laqish.

convenient for his sermon.

Since t h e topic of condolences and

312

As with most Scriptural quotes

eulogies is implied in the previous text,

in the Talmud, the main inference is to

a list of sample eulogies follows. Most

be drawn f r o m the part of the v e r s e

of these a r e found (with some change

that is not q u o t e d ; t h e s t u d e n t

in names) in Midrash

expected to recognize the verse and to

Rabba, Song of

Songs on 6:2, Ecclesiastes 310

on 5:11.

complete it himself.

Hence, a teacher may formally

mourn a student. Qatan

In the Babli ( M o ë d

26b), only

a student

may

is

T h e s p e l l i n g is

left as in the manuscripts and is not edited to c o n f o r m to our m a s o r e t i c texts.

formally mourn a teacher.

313

311

Ada was collected because of the sins

While t h e m a s o r e t i c text has

"spice patches", the consonantal spel-

Implying that Rebbi Hiyya bar

of his generation.

ling here seems to p r e f e r the singular

N nτ a :! -? n- : >a~i >a >oi> m· NnniN5 HM

T V

ΓΌ n>>

n ··» : Nιτ

·

"I i n· ·mIT ΓΡΝΊ . r p "yΤm n m N aτ h-t ~Q- N τ» n > m -: -

v?Ji> ιιη

. r p r n n n i ipy>

n w

,ΝΟ!ΤΤ τ

-ívrniam

. o v Í7D3 ο ' ρ»··ϊ τη s >»( n·· p»τ n j τw: n j v t Ν Ι τΟτ N iτ m Π5>ΝΓΙ M iτ nτ ι ύ η η τ : -: τ ·· :

ί ο ν lia? Ν Π ^ Ν ^ Τ r n »

Η·>ΏΗ

->nn> . w n i p p τ ι *

.'op V i ì n y ? ) ? ' » V VT3VÌ V ^ ?

IWîTC

. w n y i n ΝΙΠ ^l1?

242

CHAPTER TWO

n i a n n v ^ y n ç o j ή η η > v i i » >γιν Ν Ί ? * ? ϊψ

r m i ì y >ri)a>N y - p > r o ' N n n b y a r i m

ϊ ψ i m i y ·>τ\ψΗ y i v κ ι η

Iii» "ΤΨΟΝΙ Ν ^ ' Τ nniN?

rj?

.rpro>Njp w ^ ^ n )

^ V t ? ^ η ϊζΠ v S p ì ì

·1Ι?!?θ)ρ N i n i ο ^ ί ν π ρ ?

A clarification.

ij>">)pN

ο'ρη*

Rebbi Hiyya bar Abba 3 1 4 and his group, s o m e say

Rebbi Yose bar Halaphta and his group, and some say Rebbi Jacob and his group, were sitting to study Torah under a fig tree. The owner of the fig tree was coming every morning at sunrise and collected figs. They said, maybe he mistrusts us 315 , let us change place. The next day, the owner of the fig tree came to them 316 ; he said to them: the one mizwah that you used to do with me you are withholding from me 3 1 7 . They said to him: We thought that maybe you mistrust us. During the morning he came and informed them that if the sun shines on ripe figs they get wormy 3 1 8 . At that time they said, the owner of the fig tree knows the best time to collect figs and he collects them. Likewise, the Holy One, praise to Him, knows the time of the just ones to be removed from the world and He removes them 319 . 314

In the Rome manuscript, he is

scholars among themselves a r e s p e a -

identified as the G r e a t R e b b i Hiyya

king H e b r e w and only with t h e un-

(whose full name was Hiyya bar Abba

learned f a r m e r they s p e a k A r a m a i c .

bar Aha Karsala f r o m K u f r a in Iraq),

The Great Rebbi Hiyya belongs to the

who otherwise is never r e f e r r e d to as

g e n e r a t i o n of

"bar Abba" in t h e Y e r u s h a l m i .

Tannai'm a n d A m o r a ï m ; e v e n

The

transition

between his

sage h e r e cannot be the third g e n e r -

inclusion is a little late c o m p a r e d to

a t i o n A m o r a R. H i y y a b a r

Abba,

the other two possible sources. This, as

student of R. Yohanan, since not only

noted by Levi G i n z b e r g ( f o l l o w i n g

a r e the a l t e r n a t e authors Tannai'm of

Eliezer ben Yehudah) is characteristic

the f o u r t h generation but the story is

of Tannaïtic times.

very e x p l i c i t in s h o w i n g t h a t

the

It is possible that the author of the

243

HALAKHAH 8 Zohar

317

i d e n t i f i e d this R. Hiyya b a r

Since the one who provides the

Abba as a Tanna of the fourth gener-

physical means for Torah study, not the

ation, c o n t e m p o r a r y of Rebbi Yose,

scholar, acquires the g r e a t e r m e r i t

Rebbi Jacob, and, t h e r e f o r e , Rebbi

from the study, you are depriving me

Simeon bar Yohai, since he a p p e a r s

of the merit of T o r a h study t h a t I

there as a major partner in dialogues

cannot acquire on my own.

with the latter.

318

Hence, he has to come e a r l y

every

every morning to harvest all figs that

morning to check on us. (In the Leyden

are ripe because later they become

manuscript and the Venice print, the

worthless.

text is "mistrusts me" but the Rome

319

manuscript can be read as "mistrusts

Laqish, the Tannaïm do not see in the

us").

premature death of a saintly man a

315

316

Since he c o m e s e a r l y

In contrast to the Amora Resh

consequence of the sins of his con-

In the Midrash, it is explained

temporaries.

that he went on a systematic search to find his scholars.

ROYJ N ^ I N P •pa

-IO?*·»

n>n n n >

η > π ψ *τηΝ

>3*I TY N » N >3-1 - O "PA >:N TJN^R I D

ΓΏΊΠ ON oj)>p ON

INS 3 > n s V N ΓΌΐ

ο ψ n>nì n a i n o»>}p3

jiirmN i»v ^ o p rpm OJW VDY> IB 1ΪΙ31 YI^VF»

τ^ίνη

n p ì t N » n >3i

i ^ n nyy πη ODILIA

-mi> ÌN3

tepN^p?

is

-οτιψη

>

Ί1ΊΠ)!»!Ρ .JIVTYPL

3

Ν ^ Ν V3> Ν > π η o i > n - ^ D i3v?> « Ν V"!)?ÌNI v ö V I ? ' ? η ϊ ν ψ >riy>> rrç ys? : ΐ > φ η m T i D 3 l i a >3*1 y v

.o^yo

lîii"! n i y y >riy>

. t o r a o v n - t o OJJN oj?y>> Ν ^ ψ n o n - m i '

,ΓΟψ ΠΝΟ> W h e n Rebbi A b u n bar Rebbi H i y y a

p > ™ "PObri ν Ν ψ 320

η

?Ψ Γφηψι

died, Rebbi Zeira a s c e n d e d his

pulpit and eulogized him: (Eccl. 6:11) "Sweet is the year of the worker." It does not say here "sleeps" but "whether he eats little or much." T o w h a t can Rebbi Bun bar H i y y a be likened? To a king w h o hired m a n y w o r k e r s and there was o n e w o r k e r w h o was exceptionally productive in his w o r k .

244

CHAPTER TWO

What did the king do? He took him and walked with him the long and the short. In the evening, the workers came to receive their wages and he gave him his total wages with them. The workers complained and said: we were toiling the entire day and this one did toil only for two hours and he gave him his total wages with us!

The king told them:

This one

produced in two hours more than what you produced all day long.

So

Rebbi Bun produced in Torah in 28 years what an outstanding 3 2 1 student cannot learn in a hundred years. 320

One of the frequently quoted

shows.

authorities of the Jerusalem Talmud, a

321

student of Rebbi Yohanan and Rebbi

"constant, resolute".

Or,

with

the

Arabic

ρ'in

Ze'ira; he died young as his eulogy

ona^

n y a l i * >i!?>y "»O^N"!

>5-» ÌJNJJ

D i p o i N 3 Í O «IPD^ «Λ >3 l»£P>n π α Ν ON ,ίτηιοη >3"! n n N Μ75ΝΨ UN

> : n IJJOT I D

Ì T W ON "I^D") o £ i y

.n^ìn? p w

Ì3N1 n p v

ty

W'p^ri

ipitj

Ν > ι η ·>η . i n a ^ n ι Λ n u o >n η ο ψ o o n 7>)?>ri ïrçy: .>n ! » >?>>))p n p ^ ? " ! ro>n ο ί ρ ο n * w

,V£»>>n

Nsjan i>no nnpnn-!

. 0 3 > N ^ n Ι ' Γ Ρ ' Τ 0 3 > N3> ΠΝ>3)? W ^ j M ty η θ ί > >ΠΝ ON .noD - ! n n ? ΠΠΝ

ty

-η

JIN

W h e n Rebbi Simon bar Z e v i d 3 2 2 died, Rebbi Illai a s c e n d e d and eulogized him: Four things are used in the world and if they are lost, they have replacement, ( J o b 28:1,2) "But silver has a source, and a place is where gold is refined; iron is taken from dust, and stone is smelted into copper." Those, if they are lost, have replacement.

But a scholar who

died, who can bring us his replacement, who can bring us his substitute? (.Job 28:12 3 2 3 ,21) "Wisdom, where can it be found, where is the place of understanding?

It is hidden from the eyes of all living!" Rebbi L e v i 3 2 4

245

HALAKHAH 8

said:

If the brothers of Joseph lost their spirit because they found

something, as it is written (Gen. 42:28) "they lost their spirit", we, who lost Rebbi Simon bar Zevid, so much more! 322

Hizkiah, Jonah, and Phincas.

A Galilean Amora of the third

generation, also quoted as Rebbi Simon

323

bar Savdi, whose discussions with

wanted to refer to verse 20: "Wisdom,

Rebbi Illaï (Lai) are recorded several

from where does it come'.'"

times in the Yerushalmi.

324

He was a

It seems that the

preacher

Probably a scribal error for Lai.

teacher of the leaders of the fourth

But the parallel in Yerushalmi Horaiot

generation

3:8 (fol. 38b) also has Rebbi Levi.

of

Amor aim,

ynvM i o n - m η ί ο

Rebbis

->O?NI i w i o v n Ï U N ty >p>o - ο η >

ia v m o -?o7 to n>nw -·fνi r b η ην ί τ ό ό Ί 3« . τ: τ τ τ o>wpn τπζΐ

τον -rny

.tora

n>n rtvò .ιο> ο > π >τ:ν πτ jin - : τ: r

. .

τ

·1?ΐ ϊ ψ η ν α η η κ η γ ο ^ ί ^

onwy ^

itoy 3>αη

-jn-j I D

τ

niwiy ν π ι

-toy

πνο

ï y -r»y o > v a i í < ï y "noy

i n w n>rn .*)» ϊφ Jivnn tino nwiy r p m

NÌD π1»"»? W i i ^ D >??> η η η >ρ>ρ 1 3 >to ^ Ί η>π -J?

NID Ν "Τ Γ)

.

Ο

τ τ τ

Γ

τ :

«

>3 OINTT^D ΓΚ9 >3· 3 W T τ • • τ

When Rebbi Levi bar Sisi 325 died, the father of Samuel came and eulogized him: (Eccl. 12:13) "Final word: Everything has been heard, fear God." To what can Rebbi Levi ben Sisi be compared? To a king who had a vineyard with a hundred vines which gave him every year a hundred barrels of wine. He reduced them to 50, to 40, to 30, to 20, to ten, to one, and this one gave him a hundred barrels of wine. This one vine was as dear to him as the entire vineyard. So Rebbi Levi bar Sisi was beloved before the Holy One, praise to Him, like all mankind. This is what is written (loc. cit.) "Because that is all of man," mankind

326

.

that one is like all of

246 325

CHAPTER TWO One of the outstanding students

He, like the Great Rebbi Hiyya, was a

of Rebbi, in the generation of trans-

collector

ition between Tannai'm and Amoraïm.

(baraitot);

Some time a f t e r R e b b i ' s d e a t h he

foundation of study in Nahardea.

emigrated to Nahardea in Babylonia

326

where he became an associate of Abba

interpretations of Vs as "all" or "entire".

bar Abba, the f a t h e r of Samuel, a

In the Babli (Berakhot 6b) this is a

descendant of Hananiah, the nephew of

sermon of Rebbi Abba bar Kahana, a

of

mishnaic

material

his collection b e c a m e the

A kind of pun on the possible

Rebbi Joshua, who founded the first

Babylonian who became p r e a c h e r of

Talmudic academy in Babylonia at the

the third generation of A m o r a ï m in

outbreak of the war of Bar Kokhba.

Galilee.

. y n a - α τ η m r i p n n d h > p>!?p 1 5 p a o d > i v d i d l o r p

n o n>> n m yjajim

,n>> j i i d p i

, o r i r » p n * u > N i n n a r n o n n w n>> i e n

N i n n- i: π ό. .η. i «- · n ^ ->»n « τ no

.>\?fVN Μ3Ν1

τ -

:

·

h ùτ p»τ n o~ η»!? - i -o nτ . y» iτ nτ i n- n >··n :o n-

η>ρ>>Ό n o - i o n

,η>> j r j r i p i

ΝΓΙΝ . j v p ^ p i i n 1» >> Jiìn>3i ^ w ?

. o n f v p Ν*η>

^ \ ? p > p ! ? η>ρ>>υ

> n i 2 N i n > r m > N i n>> n * i ? ü o n ' P ' N i m

-13 n>> -»on i ) n i > >3-1 >3î>

î o r p n>> n m

,n>> p i p i n g n>>

no i o n

N 5 n ? n>n? ν π ì j n v >a*i> n>> y - » p N IIJIN

N * n tjV

n>> - i o n

nji>>p N > n n n>> P I O N

,n>>

i n > n>> N " ) p i o

. N n i w - i 3 t » o ΗΪΊ

ρ>>ρι i n

ρ

n>> i 7 î ' P n i r i

.n>7>i n w * | iû>\?:> r r j q C a h a n a 3 2 7 was v e r y y o u n g w h e n he c a m e up here. s a w h i m and a s k e d him, w h a t is n e w in H e a v e n ? judgment o v e r this m a n has b e e n sealed. was stricken.

A p e r s o n in rags

He answered: The

This h a p p e n e d t o h i m and he

A n o t h e r o n e in rags s a w h i m and asked, w h a t is n e w in

H e a v e n ? H e answered: The judgment o v e r this m a n has been sealed. This happened to him. H e said: Did I not g o up to gain merit, but I a m sinning! Did I c o m e up to kill the people of the Land of Israel? I shall g o and step d o w n the w a y I c a m e up. H e c a m e to Rebbi Yohanan and said t o him:

A

247

HALAKHAH 8

m a n w h o s e m o t h e r w i s h e s h i m w e l l and w h o s e s t e p m o t h e r 3 2 8 h o n o r s him, should he g o there? H e said t o him, he s h o u l d g o t h e r e w h e r e h e is honored.

C a h a n a d e s c e n d e d t h e w a y h e c a m e up.

T h e y c a m e and told

Rebbi Y o h a n a n that C a h a n a had d e s c e n d e d t o B a b y l o n i a .

H e said, h o w

could h e g o w i t h o u t asking permission? T h e y told him: that q u e s t i o n , that h e asked of y o u , w a s his request f o r permission. 327

While the previous section dealt

seven years. This must have happened

with

a

to

between the Sassanid v i c t o r y in 226

with

C.E. and Rav's death in 247 C.E. (Since

Babylonians i m m i g r a t i n g into Israel.

the organization of t h e new P e r s i a n

Cahana here is Rav Cahana II; his story

empire must have taken some time, the

can be understood only in connection

earliest time for Rav Cahana's flight is

Galilean

Babylonia,

we

emigrating now

deal

with the remarks in Babli Bava

Qama

probably around 235 C.E. When Rav

117a,b; t h e i n t e r p r e t a t i o n is Rashi's

C a h a n a r e t u r n e d to B a b y l o n i a ,

(117b).

became a student of Rav's successors

Rav Cahana was a young member of the

Academy

of

Rav

when

Rav

he

Rav Yehudah and Rav Huna; hence, he returned a f t e r 247 C.E.)

In Tiberias,

unsuccessfully tried to dissuade a Jew

Cahana (whose rabbinical title is not

from informing against a n o t h e r Jew

recognized in the Y e r u s h a l m i ) f i r s t

b e f o r e the Persian a u t h o r i t i e s .

Rav

kept Rav's injunction but in the end he

he

found a way to get around it and was

slapped t h e w o u l d - b e i n f o r m e r and

r e c o g n i z e d by R e b b i Y o h a n a n as a

Cahana

w a s so o u t r a g e d

that

broke his neck. Rav pointed out to him

g r e a t scholar.

that under the new Sassanid regime the

birth defect or an accident, Cahana had

Jews had lost the criminal jurisdiction

unsymmetric lips which gave his f a c e

they had under the Parthians and that,

the look of a p e r m a n e n t smirk and

therefore,

to

be

Rebbi Yohanan got offended. He gave

Rav t o l d him to

go

him an evil eye so that Cahana died.

("ascend") to the Land of Israel, to the

When informed that the smirk was no

Academy of Rebbi Y o h a n a n , but he

smirk but a bodily f e a t u r e of Cahana,

warned

he went to the cave where Cahana was

prosecuted.

he

was

liable

U n f o r t u n a t e l y , by a

him not to a s k

difficult

q u e s t i o n s f r o m Rebbi Y o h a n a n f o r

buried. The entrance to the cave was

248

CHAPTER TWO

guarded by a poisonous snake which let

the hoodlums. According to the Babli,

Rebbi Yohanan enter only after he had

Rav Cahana found the presence of R.

publicly a c k n o w l e d g e d that he had

Yohanan too dangerous.

been a student of Cahana.

Then he

explain the roundabout way in which

prayed in the cave and Cahana was

he asked for leave from the Academy

resurrected from the dead. This is the

in the Yerushalmi version.

basis of the questions asked here by

328

tflipi

Nin χιρη

The land of Babylonia.

.ο"τ νρπ

ρ>>ρ t? ία>νΐ

,οο-ρρ ιοί "29 νΨρηι ΓΡ> idn Νπ-ιο> vi«? .a l ì αυ

Ν^Ι y t> ao '^V

·1?η?»3 -pay η>> *V?N !??n Η^η ΗΟΓίη Nïm»

η>> DON .«nao ρ

κ^"! Ví»v) i? no γρ> DON ΠΝ)?> N\?>?7 -ry .i rß 30

nn inn

DON .n-jvi η»?!? n'nj Nyjpna

•VI Min nçi n>> mP* -OV"PP "Ό

m -raipi NIV^ m i?

n>> îdon .N(7flî n^iiyi "pro^N·) rprijvn »ya .îjd

This will

rnao m >iî?v

Ηϊη

.«rao

lib ion

>JI>>"¡ irù DON

>a-»

Rebbi Zeïra went to have himself bled when he ascended here 3 2 9 . He went and wanted to buy a pound 3 3 0 of red meat from a butcher.

He

asked him: How much is that pound? He said to him, 50 minas and one slap 331 . He said to him: Take 60, but he did not accept. Take 70, but he did not accept. Take 80, take 90, until he came to 100 and he did not accept. Then he said: Do what is your routine. The next morning he went to the Academy and said to them: Rabbis, what is this bad practice here that nobody can eat a pound of red meat unless they slap him! They said to him: Who is that? He said, the butcher so-and-so. They sent to him to bring him but they found that his coffin was being carried out. They said to him: Our teacher, all that 332 ? He said to them: That should happen to me, but I was not angry about him 333 ; did I not think that this was general practice?

This used to be t h e g e n e r a l

This makes one pound of gold (345 g)

method to heal minor illnesses and also

the equivalent of Γ250Ό00 old silver

served as a p r o p h y l a c t i c .

denars.

329

Bleeding

required that one must eat enough red

At that time, 50 Minas, or

5ΌΟΟ silver Denars, would therefore be

meat a f t e r w a r d s to r e p l a c e the lost

1.38 g = 0.04 oz of gold or at today's

substance.

gold prices, $14.45. This is a very high

330

A Roman pound (libra,

λίτρα)

price but not out of line in a time of

of twelve Roman ounces, slightly more

e x t r e m e d e c l i n e of

than 12 avoirdupois ounces. It seems

ranching. It is quite clear from this and

that Rebbi Zeïra incurred the wrath of

other stories that the obligation to eat

t h e b u t c h e r by using t h e

meat

feminine form litrëta

correct

for the G r e e k

farming

on h o l i d a y s w a s a

monetary obligation.

and

serious

(The so-called

litra

silver coins of that period were copper

which in A r a m a i c really should be

coins dipped for a second in a stiver

masculine (but was not taken as such in

solution.)

litra, while common usage was

Dtnip is Greek κρουσμός, ó, "striking,

popular use). 331

The price of meat can be taken

smiting, collision".

to d e t e r m i n e the time of R. Zei'ra's

332

arrival in Israel.

A Mina (Mvä) was

a Babylonian title, "Rav", b e f o r e he

100 Denar. In old times, a Mina was an

i m m i g r a t e d to G a l i l e e but, b e i n g

enormous sum. But the inflation in the

dissatisfied with the style of Talmudic

later part of the military anarchy, from

study in Babylonia, he never used it.

the

of

Seeing that Heaven was giving him

Aurelianus to the reorganization of the

special protection, the members of the

Roman state under Diocletianus, was

academy of Tiberias started giving him

extreme. All Midrashim telling about

the Palestinian title, Rebbi, right away.

exorbitant sums being paid for simple

They wondered that Heaven was so

objects of daily use must be dated to

quick in punishing a man who had

that

offended him.

failed

period,

currency

from

reform

274-284

C.E.

Rebbi Zeïra really had acquired

Diocletian introduced new gold coinage

333

Hence, I did not wish him dead

based on a price of 50Ό00 old gold

and I am innocent of his death.

Denars for a Roman pound of gold.

remark connects to the next story.

This

250

CHAPTER TWO

V3? . N » - a > \ r j v p i n n IHN ? >npn

">9P ^

N*U> N i n n i N r c m y p i ? -TV n>> n m

P^V H

.*τη Ìnp*yt9 π>> n>n>")

i n n>a

n>> o p b m i ©n?p>> i n i * v n i α>κρ njíd-»n n i n Ninn n>> -«on rpro N i n n i 'nn - ) wy

η^π

n i n i n o í o í d i n n>> i o n

VP?3 ^o >V>p τ η ï y n>> hin") nm") n > a p i ,>»y νιγ) qpnyy τ ι ι γ π N n ^ i a y Ν>ηη η>> d o n t>N n n y i

λποιο ν ο > r n - o y i V~)V? VH® "P^VP

N^I N*UJ N i n n i « l ì

: n - α tJNinw >1-» o y n n ^ - j ? >a-> υ η ^ 3 l n i o » ηη^ητι n^D >3

n>> -MON .JISDW *ii3 .ODnpin i p ^ > i? i s s i g l i

.n»>>? l a i o i ini©>? η η ^ η ι ^ ψ

Ν>η η ψ ρ p r o p

η>>>3 í a í o i . o a n p i o i p t f v i s i s s i ^ n t?N n n y ) a ' r p i ty TlÌNl? •>> · J1NÖ >Γ1>>ηψ

When Rebbi Yasa ascended here, he went to a barber. He wanted to bathe in a public bath of Tiberias. He met a scoffer who hit him once on his neck and said: The noose 3 3 4 of this man is loose. There was an admistrator 335 sitting who was interrogating 336 a robber 3 3 7 .

He 3 3 8 went

and stood there all laughing opposite him. The administrator asked him: Who was with you? He looked around and said: The one who is laughing here was with me. He 3 3 9 fetched him, interrogated him, and he confessed about one murder. When they both went out, carrying two beams 3 4 0 , Rebbi Yasa passed by going to the bath. He 3 4 1 said to him: That noose which was loose you already tightened. He answered him: That is the bad luck of this man, is it not written (Is. 28:22): "Now do not scoff, that your fetters should not be tightened." 342 Rebbi Phineas, Rebbi Jeremiah, in the name of Rebbi Samuel bar Rav Isaac 343 : Scoffing is hard since its start is pain and its end destruction. Its start is pain since it is written "Now do not scoff, that your fetters should not be tightened," and its end is destruction as it is written (loc. cit.) "For destruction and finality I heard from the Lord of Hosts 344 over the entire earth."

251

HALAKHAH 9 334

This is the reading of the Rome

laughed about the trick he played on

manuscript. The Venice print has κριιν

the s c h o l a r

but w h o w a s

caught

"neck" which cannot be loose or tight,

because the robber thought that he was

but the noose around the neck can.

laughing about the pain i n f l i c t e d on

335

himself and who took r e v e n g e by

Α ρ χ ω ν , "ruler"; in

Rome a local administrator, 336

Imperial praefectus.

denouncing the scoffer.

Under threat or by the use of

342

And, therefore, Rebbi Yasa was

judicial torture. (Referring to a Jewish

not guilty of the scoffer's death.

court, the word would mean "punish".)

343

337

Rebbis Zeïra and Yasa, it is not clear

Greek ληστής (also a collateral

form ληιστής).

The word appears in

Since he was a contemporary of

whether this is an independent aggadic

the Babylonian tradition as D'uoV

interpretation, appended here because

338

it uses the same verse that R. Yasa

The scoffer. The next "he, him,

he" refer to the robber.

used, or as the s o u r c e

339

Yasa/Assi's interpretation.

The archon, who f e t c h e d the

of

Rebbi

scoffer who then confessed to a murder

344

under the threat of torture.

c o r r e c t l y quoted; this r e l i e v e s the

340

scribe from the necessity of writing

The beams used for their own

crucifixion. 341

The Divine Names a r e

not

down a name which cannot be erased.

The s c o f f e r who might h a v e

liypv Iii. .»nip lWN-in n ^ a vny) nis imp> .iJiv» own rus

NAIN ON

Nimrr!?D i o

M i s h n a h 9: T h e b r i d e g r o o m m a y recite t h e Shema'

inn ν τηνη IOÌN

ïwïm

in his f i r s t n i g h t if

h e wishes. R a b b a n S i m e o n b e n G a m l i ë l says, n o t e v e r y o n e w h o w a n t s t o g r a b a r e p u t a t i o n 3 4 5 can d o so. 345

Asserting that he is such a holy

man that he can c o n c e n t r a t e on his

prayers under any circumstances,

252

CHAPTER T W O

7>n> i o y y r i i w y b N s i - i r r i o ι * * N> r o y

Ninrç» * m ~ ! ? 3 l

I3>R? 1 ? O N Ν ^ Ν

ty

κ ι η ψ (foi. 5d) ">37~ί?3 >?ri

.ro-ja

ν

m i n

Ni^ni nyiy 03η

.rrçhy

,ΗΨΊΝ T>N> INSY NWITE NSI-TN - !??

O ^ N *P»>RI

.•VD>¥3

TY

ÍJ1ÍN

Halakhah 9: It was stated 3 4 6 : In anything that gives pain, everyone who wants to distinguish himself may do so. A scholar does and may blessing come to him. In anything that gives praise, not everyone who wants to distinguish himself may do so. A scholar does except if he has been appointed to a position of public authority. 346

This T o s e p h t a (Taäniot

1:7)

bring prestige, not e v e r y o n e can join

r e f e r s to t h e Mishnah (Taänit 1:4) that

and a s c h o l a r c a n n o t j o i n if h e has

if t h e r e w a s no r a i n by t h e m i d d l e of

been duly a p p o i n t e d to a p o s i t i o n of

t h e month of H e s h w a n , d i s t i n g u i s h e d

a u t h o r i t y since in that c a s e h e has to

people start

avoid even t h e a p p e a r a n c e of b e i n g

fasting; public

fasts

b e c a u s e of t h e d r a u g h t s t a r t o n l y in

better

Kislev.

R a b b a n Simeon b e n G a m l i e l

authority. T h e Yerushalmi q u o t e s this

states that in m a t t e r s that b r i n g pain,

Tosephta anonymously, hence it accepts

everybody

it as valid ruling.

can join with the

dis-

than the people

under

his

tinguished persons; only in m a t t e r s that

itnsN

Nirrç» π ^ ψ ^ ί

>3*Η

o > : m n n i - p r p > 3 3 θ " Ρ " Π 3 > v p > r i p p >ari

LAI.? N'^VB ^ S N

UT

>51 ni* ì f o - ) o>?"vrn rii-prp !?N>>>?Ì l a i DON OW>

Ν

.ΐ»??"} ! Ο Π Ν > Ρ Ν>ΗΨ ΓΠΨΑ

Vibrion v m ^173 .Tiw? N i l

o í a ? 13 Γ φ η >

NID Ü Í 3 3 I 3 ΓΠ1Π> IB I O N V 3 3 N 3 -

r i i w v b N ^ i n n ! ? ? Ν > r»3y> ty Ν ί π ψ ~ i 3 T ^ 3 >?ri ρ

Π Ν Ί Ο Ψ Π? ΝΊΠ N b i n>>

, - n a ^ n b y o j - ) 3 i n i N ií>O 1 ? O N N ^ N n i y i v 0 3 η .ΠΨΊΝ

νη^

ίων

. r r ç n y *τ>η>

IN^Y RIIWYB NSVURBD NYS TY NIRRÇ» Ι Τ Τ ΐ »

ΝΠ-) RPB I O N

N^Í1"!

ΤΦΪΕ

m a ? N b 7 l i n e a i N v y t ' 3 " ! "»»Ν

.Π3"ΐ3

η ν "

253

HALAKHAH 9

It was stated: One may step to one side because of obstacles on the road 347 . And when one sinks 348 , even into a field full of saffron. Rebbi Abbahu said 349 : It happened that Rabban Gamliel and Rebbi Joshua were on the road and stepped on the side because of obstacles on the road when they saw Rebbi Yehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself 350 ? He answered: This is Yehudah ben Pappos, all whose deeds are done for Heaven's sake. He said to him 3 5 1 : Did we not formulate "In anything that gives praise, not e v e r y o n e w h o wants to distinguish himself may do so.

A scholar does except if he has been

appointed to a position of public authority." He answered him 352 : Did we not also formulate, "In anything that gives pain, everyone who wants to distinguish himself may do so. A scholar does and may blessing come to him." Rebbi Zeïra said, but only if he does not shame others 353 . 347

This is one of the conditions of

an immigrant f r o m Babylonia, in t h e

public use of private land which Joshua

Babli is a t t r i b u t e d to R e b b i .

imposed on the land distributed to the

shows that the note of Rebbi Zeïra is a

Israelite tribes (Babli Bava Qama 81b,

b e l a t e d a c c o m o d a t i o n of

Yerushalmi Bava Bat ra 5:1). If a road

practice to Babylonian standards.

is impassable, one may walk on t h e

350

This

Galilean

Showing overly great care not

shoulder even if the field is planted up

to infringe on other people's property.

to the roadbed.

Since the possession of land is a gift of

348

In t h e

rainy

season

on

an

God, any property rights a r e f r o m the

unpaved road.

start subject to the liens e n a c t e d by

349

Joshua, and use of the shoulders is no

in

A parallel to this story is quoted the

Babli

(Bava

Qama

81b)

infringement

of

other

people's

concerning Rebbi, Rebbi Hiyya, and

property.

Rebbi Y e h u d a h ben Q a n o s a .

piety therefore is quite misplaced.

The

disapproving conclusion, given here in

351

the name of the late Amora R. Zeïra,

Joshua.

R. Y e h u d a h ben P a p p o s '

Rabban

Gamliel

to

Rebbi

T h e i m p l i c a t i o n is t h a t R.

254

CHAPTER TWO

Yehudah ben Pappos, who otherwise is

prehistory of the revolt of Bar Kokhba,

unknown, held a public position and,

too late).

therefore, was prohibited f r o m exhib-

352

iting his piety. (In Kaftor

R.

Gamliel. Since walking on a wet dirt

Astorre Parhi gives the name as Pappos

road is exhausting and very slow, even

ben Y e h u d a h , a man k n o w n f o r his

the holder of public office is permitted

extreme habits, cf. Tosephta Sota 5:9.

to walk on the road.

However, of the two men of this name

353

mentioned in Talmudic literature, one

generation were e m b a r r a s s e d by his

is too early, in Temple times, and the

unnecessary exhibition oí piety.

other

one

is

mentioned

i n i o n a v > d n ν?*?,? pns> 3 1 i ? .•pp'ttpç

in

Rebbi

Joshua

.Min ï w ï t y

Ï7V?3> D ? ^ y n i v i

Rabban

the

PO?' o n m ì x i

.OViri

to

And h e r e , t h e l e a d e r s of t h e

^11

Ν^ΓΡ

NWiy π π κ

v ^ ^

ì ^ ' n j p r i O N > 3 1 ·)3>Ν ì ? t Ö Η ψ Ή >3"!

Ν ΠΙ n>> ->ÇN ΊΟΚ

waperah,

"ȂN

ÌDWÌV} ">11» "OOS Ν ί Π ψ Ν!?·) η>> n m MßH ï w ï m

, γ ι ^ Ί ON ΐ ^ η ÏWtyi

»aril ,-iwa i n n li^ri

1 3 1 3 n o ? N3N

Clarification. Rebbi Miasha 3 5 4 and Rebbi Samuel bar Rav Isaac were sitting and eating in one of the upper synagogues 355 . There came the time of prayer and Rebbi Samuel bar Rav Isaac got up to pray. Rebbi Miasha said to him: Teacher, did you not teach us that once one started one does not interrupt 356 .

And Hizkiah stated: Every one who is free f r o m an

obligation and does it anyway is called uneducated 357 . He answered him: Did we not state 3 5 8 : "The bridegroom is free?" The bridegroom, if he wants. He 3 5 9 answered him: Is that not from Rabban Gamliël 360 ? He said to him, I can free myself as Rabban Gamliel did; Rabban Gamliel said: I shall not listen to you to lift from me the Kingdom of Heaven.

251

HALAKHAH 9 354

This is the reading of ms. Rome.

to translate: "Did not Rebbi (the editor

The Venice p r i n t has "Rebbi Yasa".

of the Mishnah) teach us ...".

The Venice reading e x p l a i n s why R.

357

Samuel is mentioned in second place,

individual" (as opposed to the State).

since Rebbi Miasha was a student of

358

Rebbi Samuel ben Rav Isaac.

Maybe

chapter, t h a t t h e g r o o m is a b s o l v e d

there existed a version in which Rebbi

from reciting Shema' but that he may

Yasa was mentioned both times.

do so if he wishes.

355

Of Tiberias. Most commentators

359

Rebbi Miasha.

invert the word order and explain: On

360

Mishnah 9, even t h o u g h f o r -

Greek ι δ ι ώ τ η ς "private person,

The two M i s h n a y o t f r o m this

the upper floor of a synagogue (since

m u l a t e d a n o n y m o u s l y , is only

in the synagogue itself one may not

c e p t a b l e to R a b b a n G a m l i e l , not to

eat).

those who disagree with the him. The

356

M i s h n a h Sabbat

1:5.

If

the

speaker is Rebbi Yasa, one would have

ac-

a n s w e r is that t h e M i s h n a h is acceptable to all.

"wVtp ¡ n o m a t y

ό

, v > > a r i n i n i y ç y π η ρ η - n o s V3a> .η\ρ'»π

t i n i η\?>ηη

η^

ί π η ψ >η »alieni

ι!?>ί< . ρ η ^ η 1·?? I T * η ν » ο η ρ Ν ψ ΠΝ") - V I 1 0 ?

nw» π\ρηπ

Ttf* π υ ' η η ψ ms

,η^ο^η ρ M i s h n a h 1:

M

ΐηιν>3

A n y o n e w h o s e d e a d is lying b e f o r e h i m 1 is f r e e f r o m a n d f r o m tefillin.2

r e c i t i n g Shema'

T h e c a r r i e r s of t h e b i e r , t h e i r

substitutes, and t h e substitutes of their s u b s t i t u t e s , in f r o n t of t h e bier o r behind t h e bier, those t h a t a r e needed by t h e bier a r e f r e e , t h o s e t h a t a r e n o t n e e d e d b y t h e bier a r e o b l i g a t e d . 3

All of t h e m a r e f r e e f r o m t h e

obligation t o pray. 4

1

Any close relative who has to

those in front of the bier await their

mourn for the dead and who has to

turn to carry the bier to the cemetary

organize the burial.

but that those behind the bier already

2

did that; they follow only to honor the

This is the text of the Yerushalmi

and the Mishnah manuscripts.

Most

dead person, but not to actively render

sources of the Babylonian Talmud add

any more services.

"and from all obligations of the Torah",

does not know of such an organization.

but the commentary of Talmid Rabbenu

4

Yonah to Alfassi declares that good

obligation from the Torah is only to

manuscripts do not contain the addition

say some prayer every day; hence, even

and it also seems that the addition was

if the participants in the burial miss

not accepted by Tosaphot.

one prayer they still have two others to

3

fulfill the Biblical

In the Babli: "Those behind the bier

are obligated".

Rashi explains that

The Yerushalmi

According to Maimonides, the

According

requirement.

to N a c h m a n i d e s ,

the

257

HALAKHAH1 obligation

of

prayer

is e n t i r e l y

Torah obligation to bury a fellow Jew.

rabbinical and is eliminated b e f o r e the

>?V*ri o i » 3

.v>>flji ΐ Γ ΐ ύ ύ > Ν l i w N - i n o i > ? ΪΊΗ

>3-1 > 1 5 7 7 7 } n v r ! ? 3 >\ί)»>ψη D i » 3 Í5>N

H nain Niri

M i n n i v y ^ n 0 0 9 I N 3 ON") ìriij ύ ' Ν

Di>3 ON

."p^anri ini ori

r o w N - 1 3 n o w y w i n » >a*>

·Ί?>ίη

ηίΥΠΠ

.NT Ν5ΓΙ N"T N ì r i f ")>>? N ^ N . V i 3 >

Ì N 3 ON")

"ììV^ 1J1Ì3 N ì n

ΊΤΙβψ >0 1 Ç > 0

5

Halakhah 1: It was stated : "And from tefillin."

1J1Ï3

6

A mourner may not

put on tefillin on the first day; on the second day he puts on tefillin

and

when new faces appear during the seven days of mourning he takes them off; these are the words of Rebbi Eliezer. Rebbi Joshua says: On the first and second days he does not put on tefillin·, on the third day he puts on tefillin and if new faces come he does not take them off. If he does not put on tefillin

even on the second day, why is it

necessary to mention "anyone whose dead is lying before him"? Because he stated the one he stated the other 7 . 5

In t h e f i r s t s e n t e n c e of

our

Mishnah. 6

necessity to attend to the burial. 7

This is a bardita from Moed

Qatan

Since it is necessary to mention

that he is f r e e f r o m r e c i t i n g

Shema'

(3:5); a similar baraita (with the names

(and f r o m p r a y e r , w h e t h e r t h a t is

of Rebbis Eliezer and Joshua switched)

s t a t e d in t h e Mishnah or not), t h e

is quoted in Babli Moëd Qatan 21a. All

m e n t i o n of tefillin

authorities in all sources agree that a

memory aid. Since for a long time the

is a d d e d as a

the

Mishnah was transmitted by memory, it

entire first day of mourning, even if

could not h a v e been w r i t t e n d o w n .

the burial

Memory aids a r e an important part of

mourner may not put on tefillin

preceding

was c o n d u c t e d night.

in

the

So t h e r e is no

connection b e t w e e n tefillin

and the

Mishnah composition.

258

CHAPTER THREE r o £ n a n o w ? n>)?-)> Ι Ί

>ai

'î'i?

ov?

> 1 1 n ^ v ? ^ P l "pa ^ T ?

>t>v >a*i - i o n

nròr) no>3

Nvyt

lì?? Ν^Ψ

VN") >pï>o£

>a*i3 yvyirp > a - p " » Í V ^ S

Rebbi Zeïra, Rav Jeremiah in the n a m e of Rav: Practice f o l l o w s R e b b i Eliezer in p u t t i n g o n a n d R e b b i J o s h u a in t a k i n g o f f 8 . inquired:

Rebbi Zeïra

If h e put t h e m on on the s e c o n d day, f o l l o w i n g R e b b i Eliezer,

w o u l d Rebbi Eliezer act like Rebbi Joshua, not t o t a k e t h e m o f f ? Y o s e bar A b u n said:

Is it s o that R e b b i Eliezer w o u l d a c t l i k e R e b b i

Joshua, n o t t o t a k e t h e m o f f ? f o l l o w s Rebbi Eliezer."

8

Rebbi

If it w e r e so, w e s h o u l d s a y " p r a c t i c e

9

T h e m o u r n e r puts on

tefillin

starting the second day a f t e r

the

that Rebbi Joshua's opinion, that one does not take off tefillin

for visits of

funeral and does not take them off for

condolence, does not d e p e n d on the

a new visitor.

day. In the Babli, this is the ruling of

In the Babli, this is a

ruling of Ulla, one of the commuters

Rava, of t h e g e n e r a t i o n

between Babylonia and Galilee in the

Rebbi Zeïra.

following

The Babli quotes f r o m

second generation of Amoraïm.

the early Tanna Rebbi J e h u d a h ben

9

Tema that one puts on tefillin and takes

If on the second day, on which we

f o l l o w R e b b i Eliezer, he t a k e s off

them off even a hundred times.

Since

tefillin for new visitors, then the ruling

R. J e h u d a h ben T e m a , w h o s e t i m e

should h a v e been: P r a c t i c e f o l l o w s

cannot be determined, precedes Rav in

Rebbi Eliezer on the second day and

any case, his opinion is not of much

Rebbi Joshua f r o m the t h i r d day on.

practical value.

Since days are not mentioned, it is clear

>p? ΐ ό o?*!?»? T W O ,D>rini iría PPiV w y R e b b i A b u n said:

o v JIN

^ç!?

τα r n

o>o> Ν ϊ η . o » r a I D ? P P i V

It is w r i t t e n ( D e u t . 16:3) "So t h a t y o u

DON o>n>

should

r e m e m b e r the day of your e x o d u s f r o m Egypt the t o t a l i t y of t h e d a y s of

259

HALAKHAH1

your living;" the days when you are occupied with the living, not the days that you are occupied with the dead 1 0 . 10

The verse deals with

the

Ben Zoma in the first chapter who read

celebration of Passover but is used to

Vai "the entirety" and not "all".

i n d i c a t e that any o b l i g a t i o n of re-

verse gives a complete justification for

membrance, and tefillin

the Mishnah, viz., that the entire first

is one of them,

are only for living and are invalid once

day is not for tefillin,

one has to care for the dead.

burial.

Rebbi

The

even after the

Abun here f o l l o w s the o p p o n e n t s of

no 1 ? .to "pypiv)

iN . n o b y i l i a ?

io^J? by i > n n n > NST OH >?ri

.iNiwj? Νψ>ψ >n to n>n iirp?>ao p>si n n .iNiwn Ηψν)

ι>ί*Ψ > ? ? P ι ο ν γ ι DNi

to

no

to i - r i a ? >??o

. b i n ? -IRI?>N . a b t o JTO'O?» ">109 >3ΓΙΓΙΊ i N i w n Ηψψ >3"! -«ON

. A I O O V 5 N B B I N ? *I»>NB IF? Γ Ρ Ν

îj^îriT

VP^Pî)!

ib

own

>Ο

to

·)>ι<ι NRI ÌNÌWJO

N Y > P J I P - N O S >IRIM

^

1V3&

i m to N u n b n o n >ptp>y bN-) n b ? n > p t w by n p ? b D i n a r i by . ί κ ψ ο Nwi3 Ν ΐ η ψ >o? π ύ ή ρ ρ ι o t o t o p ν ? η ? τ η It was stated: If he wants to be more stringent with himself 1 0 one does not listen to him 1 1 .

Why?

Because of the h o n o r of the deceased or

because he has nobody to c a r r y his l o a d 1 2 ? between them?

W h a t is the d i f f e r e n c e

If he has someone w h o is carrying his load; if you say

because of the honor of the deceased it is f o r b i d d e n , but if you say because he has nobody to carry his load, here he has s o m e b o d y to carry his load.

Has it not been stated: he is f r e e f r o m t a k i n g the

lulabxil

Explain that it refers to weekdays. But has it not been stated: he is f r e e f r o m blowing the shofar.

Can you say on weekday?

No, on holiday.

Rebbi Hanina said 1 4 : Because he is obliged to bring him a c a s k e t and burial shrouds as we have stated (Sabbat 23:4): "One waits for nightfall at

260

CHAPTER THREE

the borders of the Sabbat 1 5 domain to oversee matters for a bride and matters for a deceased to bring for him a casket, burial shrouds, fifes, and women mourners;" it is as if someone was carrying his load. 10

To put on tefillin even though he

do

anything

physical

for

the

is not obligated.

arrangement of the funeral, the task of

11

He is forbidden to put on tefillin.

overseeing and deciding cannot be

12

In organizing the funeral.

delegated.

13

The mourner whose deceased has

14

Even though it is forbidden to use

not yet been buried may not weave the

the Sabbath to prepare for the next

lulab on Tabernacles, nor may he blow

day, in these cases it is permitted to

the shofar on New Year's Day. While

position oneself on the Sabbath so that

the rule of lulab applies only to the

one can start immediately fulfilling a

intermediate days when burials are

mizwah after the end of the Sabbath.

permitted, one never blows shofar

as

The Sabbath domain extends 2000

an obligation except on a holiday.

cubits from the last house of one's city;

13

one may not move outside that domain

R. Hanina points out that the

argument that somebody works for him

on the Sabbath.

is irrelevant since even if he does not

'"i?"? nri«»? Hxyy

^»O

Γήθ>)3ΓΙ JIN VOID 'ΓΙφ'Ν)?

!?ν>!?>?3 l a i jiowdì

o r i t ^ n d o í n y\iön> >3*η

-ION W a n o r i o l i πηψ nnya

I p t n »3 ^

.niv»>?n n i * i s s i>7>n>ri> 15

D I P ? ? - n s to n p N

>3-1 -»ON n s n n

. J i i v » ö n TIN Ì S S ywirv r n

OaiD Nin π ι ψ

. ί τ ι ψ η ΠΝ η ρ ί * NID

When does one overturn the couches 1 6 ?

F r o m the moment when the

dead left the gate of the courtyard 1 7 , the words of Rebbi Eliezer.

But

Rebbi Joshua says, from when the c o v e r plate was laid on the g r a v e 1 8 . And when Rabban Gamliel died, after he left the gate of the courtyard, Rebbi Eliezer said to his students: Overturn the couches 1 9 .

And when the

c o v e r plate was laid on the g r a v e , Rebbi Joshua said: O v e r t u r n the

261

HALAKHAH1

couches. They said to him: We already did turn them over on the orders of the old man20. Friday evening he rights his couch, at the end of Sabbat he overturns them 21 . T h e Venice (and L e y d e n ) text

that the moment the funeral procession

here, DO'S} is unintelligible. The text

is on its way is not w h e n t h e b i e r

given h e r e is t h a t of t h e G e n i z a h

leaves the house but when it leaves the

fragments and the parallel in Éemahot.

outer gate of the courtyard.

16

18

15

The mourner is not allowed to eat

T h e dead was buried on a bier,

reclining on a couch, but has to eat

not in a casket. Hence, the grave had

sitting upright on a chair as a sign of

to be covered by a large flat stone, the

mourning.

golal.

This d u t y a p p l i e s to all

those who are required to observe the

19

w e e k of m o u r n i n g .

dies, all are mourners.

found in Massekhet

T h e baratta Éemahot IX.

is The

20

When the head of the Synhedrion

Even though Rebbi Eliezer was

entire discussion is taken f r o m Yeru-

put in the ban since he did not a g r e e

shalmi Moid

with a majority ruling when he knew

Qatan 3:5; the baraita

is

also found Babli Moëd Qatan 27a.

that the ruling contradicted tradition, it

17

In the Talmud it is assumed that a

follows f r o m h e r e not only t h a t he

house has no door leading to the street

continued to lead his Yeshivah but also

outside.

A n u m b e r of h o u s e s w a s

that in his lifetime, his a u t h o r i t y in

always clustered around a courtyard,

matters of religious practice remained

the door of t h e house lead into the

supreme.

courtyard, and the c o u r t y a r d had an

21

exit gate.

mourning is forbidden on the Sabbath.

In that way, p r i v a c y was

Since any o u t w a r d sign of

always assured. The statement asserts

V"MMnî>P o n i v ) -iniN

13 l i y p w >3")

TP3?Î Π ^ Ν Ι

v / n i >?ri

i s l i y p w > 3 T ? ΓΟ^Γ) >·)> i ? ü y ö r p > 3 1 0 W 3 n o i > >3-» , V T ¡ Τ Ύ Ψ l o j p w Γ13 ΐ η η ν ι v > i y

n\pn

>3-) 0 W 3 ν π ν "»3 i p v > >3-» >T!

262

C H A P T E R THREE

It was stated:

" A dargesh22

is put upright 2 3 and is not turned o v e r .

Rebbi Simeon ben Eleazar 2 4 says, he r e m o v e s its qlbntryn25 enough 26 ."

and that is

Rebbi Yosa 2 7 in the name of Rebbi Joshua ben L e v i : practice

follows Rebbi Simeon ben Eleazar. Rebbi Jacob bar A h a in the name of Rebbi Yose, a couch whose posts 28 are upright and r e m o v e d together with it, he takes them o f f and that is enough.

22

A kind of bed whose exact nature

a c t i v e "he stands them up", w h i c h

was unknown even in the time of the

seems to i m p l y

Talmud, as seen f r o m the discussion

mourner, not passive as is implied here.

that follows and in Babli Nedarim

24

56a.

Maimonides, in his c o m m e n t a r y Nedarim,

d e f i n e s dargesh

to

as a low

an a c t i o n

by

the

In all places where this is quoted

in the Babli, the name is Simeon

ben Gamliel,

Rabban

the f a t h e r

of

couch (used for sitting only in the case

Rebbi and son of Rabban

of a mourner), much l o w e r than a

Rebbi Simeon ben Eleazar was a Tanna

regular couch called mittah.

The Babli

of the last generation who lived to see

tentatively defines dargesh as a couch

the start of the second generation of

made of a frame onto which a leather

Amorai'm.

mattress is attached by ropes.

25

This

Gamliel.

The spelling and, therefore, the

definition may be compatible with the

meaning of the word are uncertain.

description given in the next section.

The spelling here is pioraVp, that of

23

the Genizah texts and Éemahot

Most commentators explain that

is

the dargesh is lifted to stand either on

TnwnVp; the corresponding word in the

its f r o n t end or its f o o t end.

But

Babli

already Rosh

ben

according to Z. Frankel, is G r e e k t ò

(Rabbenu Asher

is TU'aip.

The

last

Yehiël, 14th Century in Mayence and

κραβάτιον,

Toledo) has shown in his commentary

κραββατάριον, "accessories to the bed";

to Babli Nedarim

this seems to be correct but is not very

that this explanation

Byzantine

word,

[ C f . also

Greek

is impossible and that the statement

instructive.

κράββατος

must mean: it is left standing as is. The

"couch, mattress"; Latin grabatus,

other commentators are influenced by

Macedonian κ ρ ά β α τ ο ς " l o w

the version of the Babli which instead

camp bed" (E. G.).]

of the passive form used here have an

26

from couch,

There is a question whether the

263

HALAKHAH1 anonymous Tanna requires more or less

sign of mourning has to be made.

that Rebbi Simeon ben Eleazar.

The

seems that this is also the explanation

quote in Éemahot XI reads: nupon ©J~n

here, that Rebbi Simeon ben Eleazar

•PUD iniK ity^K ]a ]iyn®

adds a certain requirement to the first

.nom nrn

irn® nina n n ' j n i nV® p-iuwVp

"A

It

statement.

surrounding dargesh is not turned over.

27

Rebbi Yasa.

Rebbi Simeon ben Eleazar says, he

28

Τα ά ν ά κ λ ι τ α , "things to lean on";

removes the accessories and leaves it

according to both Rashi and Arukh the

as is."

two posts over which the mosquito

In this f o r m u l a t i o n , Rebbi

Simeon ben Eleazar explains that while the dargesh

screen was hung.

is not turned over, some

it naia

n>)?-|? >3-1 - i ç n

irrç >ν"! η ο > η N i n rrç

ΝΪΊ-) .WVYJ i r n n a i a ï y

n o n N m nvpßn

(fol. 6a) . Π 3 ψ N i n 1 3 7 71Ç >N> D31Ì ty NID 3Πϋ)? ON .ITH "»iy? D O i W ' ^ O • V I R I \rù

Ji>N'f N n n o > î ?

V>>N3

^ON

Rebbi J e r e m i a h 2 9 said, o n e

W h a t is a c o u c h and w h a t is a dargesh?

that o n e plaits 3 0 o n its b o d y is a c o u c h and o n e that o n e d o e s n o t plait o n its b o d y 3 1 is a dargesh.

But h a v e w e not stated ( K e l i m 16:1) "Bed a n d 3 2

crib a f t e r h e rubs t h e m with fish skin 3 3 ." d o e s h e rub 3 4 ?

If h e plaits o n its b o d y , w h y

Rebbi Eleazar said, e x p l a i n it w i t h t h o s e C a e s a r e a n cribs 35

that h a v e holes . 29

In Babli, Sanhédrin

20a/b, this

strips it has a base of leather that is

appears in the name of Rebbi Jeremiah

fastened only in a few places to t h e

in the name of Rebbi Yohanan.

frame.

30

32

T h e couch has a f r a m e and

Reading of the Rome and Mishnah

instead of a box spring it has length-

mss.

and crosswise strips that a r e plaited

Venice print and Leyden ms.

together.

33

31

Maybe, according to the Babli,

moment when a wooden implement is

because instead of a p l a i t e d bed of

finished. Wood in itself cannot become

The conjunction is missing in the

This Mishnah d e a l s with t h e

264

CHAPTER THREE

ritually impure but wooden vessels and

34

implements can. The moment when a

the strips forming the base of the bed,

If the entire frame is covered by

wooden bed frame is finished so that it

who cares how the w o o d e n f r a m e

can become ritually unclean is the

looks?

moment when it can be delivered by

35

the carpenter to the customer, after it

the frame but go through the holes in

is polished with the classical equivalent

the frame, leaving half of it exposed.

The strips are not wound around

of sand paper.

ïy

>ONb ϊ π ν

ijnv

15»n .>qn'7 r p n o N i n y i n i

ογή Napm?

,no>on n»a?>

.yiN^ i m η ψ η n ^ n i n s n>n? v n > ο ν π

>> n>n n a i o J i n * v?ip*N *ì)?n n*)3î? -15 . n i a i s ? Jiiov? ï y v w ? ν η ψ ίθψ>!? VP95T i ? livipv» Νΐηψ Ninip

n a ? J}N IN ow?

,na?iD>

'Pi*

>21 . - w v © n n a ? na??")

Nn»v) n>ia? no>ng. n ^ a

Nin n>ia?

ηίη?

Nin n o >390 i o n i n

i ^ ï N i n y ^ i n n -ION n i n n i

From where the overturning of beds 36 ? Rebbi Crispus 37 in the name of Rebbi Johanan: (Job 2:13) "They sat with him towards the ground." It does not say here "on the ground" but "they sat with him towards the ground," on something close to the ground. It follows that they were sleeping 38 on overturned couches. Bar Qappara said: A beautiful f o r m 3 9 I had in your house and you caused me to overturn 4 0 it, you also overturn your bed! Some quote it by the expression "let him overturn; overturn 4 1 the agent!" Rebbi Jonah and Rebbi Yose, both in the name of Rebbi Simeon ben Laqish. One said, why does he sleep on an overturned coach? So that he should wake up in the night and realize that he is a mourner. The other one said, since he sleeps on an overturned bed he wakes up in the night and realizes that he is a mourner.

265

HALAKHAH 1 36

nninsV "to o v e r t u r n it" ( B a b y l o n i a n

Levi Ginzberg noted c o r r e c t l y

that all the sermons h e r e point only to

Talmudic Hebrew.)

T h e f o r m «tddisV

the overturning of beds on which one

has no parallel in the Yerushalmi and

sleeps, not couches on which one sits.

might be a scribal error.

The Yerushalmi does not address t h e

Bar Q a p p a r a seems to think t h a t

question w h e t h e r during t h e day t h e

persons die because of the sins of their

mourner has to sit on t h e ground or

relatives. This is a p p r o p r i a t e only f o r

may sit on an overturned couch.

children who cannot die f o r their own

37

"Curly haired" (Latin, a Roman

sins since nobody below the age of 20

surname). A student of Rebbi Johanan

is liable b e f o r e t h e h e a v e n l y c o u r t .

and R. Simeon ben Laqish, and teacher

The following, a l t e r n a t e version also

of Rebbis Jonah and Yose.

shows that Bar Qappara speaks about

38

mourning for small children.

Since the friends were sitting with

Job f o r seven days and seven nights,

41

they must h a v e slept " t o w a r d s

missing in the parallel Moëd Qatan 5:3.

the

The agent is the bed on which one not

ground". 39

G r e e k ε ί κ ώ ν "image", a l s o

only sleeps but also has sex. Hence, the couch is the agent which produces the

"phantom". 40

The imperative nss "overturn!" is

T h e parallel Megillah

jvi?

3:5 has

- a n it? ρ κ OH) i - i u n

Jiwjfc Î7iD>

disi

N>1

birth of a new baby.

ÌJDÌN

.!??iín>? n y i y ιγιν n>3 iì? ν * o n )

Î7DÎN Ν > )

Νίη

ON") .VÏ)) V3)?î»p VN")

.^DÎN")

.·)» n i i w i

^DÌN·)

! ? > κ ί η l7N>>>?? n^V

oh

.rnin

ty

r m > >3-»

iro»n

tow-io

tv?

.ìnn? -»»'ni

, ρ Ν ιοη,ΠΝ n?iy ι:η>3ψ

nìi^nn-^3

>!> 15 y y j i r v >3-1 D\Ì»? n a

. p N ι η η κ v ) i y i>n

,ί:ηί:Γί>3 n ^ W I

liypw l a i ί ο ν

.ίγιν

tC?) .to-li*"!« nJlW

.ÌOÌN·) a o > n π α ν ? ì m

V I H * V ? i y :p_>3 ON")

ίηκ

V 3 3 TI* ÎJ3VI ΓΙ3>η)?

DJ)W lO")

Ν7Γ) . i o n i n n o * r o i y ì j > n O v - i y ο η π Ν ΐ Ì7DÌN")

ϊ ψ η ίηοψ î ç r ^ s

ÍD-jiS"^ onnNi

UN SÌ ' n - i r i n i

N> o^iy « n

>ΓΠΓΙΓΙ

i ? iiy»pv> Ί 3 1 Ρ HD^D

266

CHAPTER THREE

42

A11 the time that his deceased in lying before him, he eats at his

neighbor's, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer "amen" after him. If others recited Grace, he does not anwer "amen". That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer "amen" after him. If others recited Grace, he answers "amen". Rabban Simeon ben Gamliel 4 3 said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life 44 . Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel. 42

This baratta

is found in almost

practice by the Babli which requires

17b,

only that the enjoyment of Sabbath

Moëd Qatan 23b, and the Yerushalmi

should not be d i m i n i s h e d in any

source Semahot X.

situation that is seen by others.

43

Yerushalmi makes no

identical form in Babli Berakhot

In Babli sources, the author is

Rabban Gamliel.

The d i f f e r e n c e is

The

distinction

between public and private obligations.

essential since practice follows Rabban

44

Simeon ben Gamliel even against a

conjugal duties towards his w i f e on

plurality of dissenters, but does not

Sabbath

necessarily follow Rabban Gamliel. In

commandment of the Torah.

the interpretation of the Babli, Rabban

emphasis

Gamliel o b l i g e s the married male

anti-Sadducean; for the Sadducees, any

mourner to fulfill his conjugal duties

sex act on the Sabbath was a Sabbath

towards his wife.

desecration punishable by death.]

This is rejected as

And he who does not fulfill his

transgresses

on

this

a

positive [The

probably

is

267

HALAKHAH 1 o>3*îb

>>33

o^-1?

"top?

If he 4 5 was handed over to the public 46 , he may eat meat and drink wine. If he was handed over to the carriers 47 it is as if he was handed to the public. 45

The deceased.

T h e o t h e r "he"

denotes the mourner. 46

T h e p u b l i c body

47

Qadishah.

Paid carriers.

organizing

•)ÎJl>î7yiN"| - r ç o

>Ü7>3N pn*> a i 1 3

funerals, the Hevrah

r m *ì? Ν » Π

>3"! ^ 3 Ρ

t>>3p N O ?

191 13

">3 Ν » η

>31 i r a p ρη>> a i na Iwìoy) >3"! ι » ι τ ? .~»ρη yirppyN·) ηψα ï>ip»Nl l)pl>p

>3"!

n i d i n ç ? -ι»>η p n p ù p nnn> N ^ N in niov

ty

"Ppa

When Rebbi Yassa died, Rebbi Hiyya bar Abba received his mourners 48 and gave them meat to eat and wine to drink. When Rebbi Hiyya bar Abba died, Rebbi Samuel bar Rav Isaac received his mourners and gave them meat to eat and wine to drink. When Rebbi Samuel bar Rav Isaac died, Rebbi Zeira received his mourners and gave them lentils to eat, saying that this was the tradition 49 .

When Rebbi Zeira was dying he

commanded and said: "You should not accept mourning for me this day, tomorrow consolers. 50 " 48

I. e., Rebbi Yasa's i m m e d i a t e

family and possibly students.

this first meal. (In Galilee, under the

A

influence of late Greek, e v e r y 3 was

mourner returning f r o m the burial has

pronounced v; mi stands for K3 in Rebbi

to receive the first meal f r o m others;

Hiyya's name.)

the mourners were received with food

49

so that they could go home and prepare

16b as a Galilean tradition (transmitted

the next meal themselves. Rebbi Hiyya

by Rabba bar Mari, a student of Rebbi

bar Abba did allow meat and wine for

Johanan) that Jacob prepared a meal of

It is quoted in Babli Baba

batra

268

CHAPTER THREE

lentils (Gen. 25:29) for his f a t h e r Isaac

Rebbi Zeïra told his students not to be

as the first meal a f t e r t h e b u r i a l of

among the mourners the first day nor

Abraham. The same tradition is given

among t h o s e w h o a r r a n g e m e a l s of

anonymously in the Galilean

Midrash

consolation the next day. While he was

Bereshit rabba 63:16. The substitution

a Babylonian by birth, he o b j e c t e d to

of eggs used today instead of lentils is

the Babylonian practice that students

Babylonian (Baba bat ra 16b).

mourn only one day for their teacher

Even

though Rebbi Z e ï r a was Babylonian,

(Babli Moid

the practice might have been that of

them to mourn for him the entire seven

the city of Rebbi Samuel bar Rav Isaac.

days (or not at all).

50

Qatan 25b) but w a n t e d

It is not very clear what Rebbi

K'nnn a r e those w h o a r r a n g e t h e

Zeïra was commanding to his students;

meal for the mourners, n n a ; as Levi

also the text is quoted in very different

Ginzberg points out, this m e a n i n g in

forms by Nachmanides (Torat

Galilean (not Babylonian) A r a m a i c is

Haadam\

ed. Chavel, p. 144) and those who quote

clear from Tar gum Sheni on Esther

f r o m the latter.

towards the end.

The only consistent

1:2,

interpretation is that of Levi Ginzberg:

>5*η M i a r n n>33> y ^ y c o i n n > r i \ ? p m i r o -»ρΝ

. n ' a s !?iy>n i > y a "jíjin i n o >

Dip>)p N b N

mW)

n'y

51

N?>n >a*yj n m

p w

>a*i

. v ? n > i p j p · ρ π ψ > ί θ η υ n o r ) r n r n 17V .nnan!?

-15 ρ κ

l i a i ·ρ!? .-Tip-ppi

Rebbi Isaac the son of Rebbi Hiyya the Scribe suffered an accident 52 . Rebbis Mana and Yudan went to him. There was good wine, they drank a lot 53 and laughed. The next day they wanted to visit him again. He said to them: Rabbis, is that what a man does to his friend? Yesterday, the only thing that was missing for us was that we would get up and dance! Reading of the Rome ms. Venice

The entire story is an introduction to

and Leyden: nm . T h e text h e r e is the

the following baraita about the cups to

only mention we have of this Amora.

be drunk in a house of mourning.

52

cup of w i n e consists of t w o t h i r d s

51

53

I. e., a close relative died. More than the 10 cups allowed.

water and one third wine).

(A

269

HALAKHAH1

.•ptian " p i l i n ^ n r i i ή ^ π ini*·) ι ή η η

>)a> ο ^ ψ ί η κ π r v i ? γ η \ ν n i o i D - l i t i s n ~>ηί< ty v y f y p ύ > κ

i g ìivjpw

πηψρι

p t ç n -ιηί<> η ψ ^ ψ ί

,ο>>>ηΝ > η ι η ? π > - r n w

13*ΐ> - τ η ^ ι π ρ ρ π ν > ι ό > -τη*·) : η υ » η ·)ϊπ> τ η κ οηηοηι

-|i}>>y n «

v?>irv)

ν"ί?πψη

i w

γη

rnyy

ο η υ η τίν lO^V ia>çin

iva

ΐίαψ

ivdì

ï H ^ m Il?ip>?>

It is s t a t e d 5 4 :

T e n c u p s o n e d r i n k s in t h e h o u s e of a m o u r n e r :

b e f o r e the m e a l 5 5 , f i v e during the meal, and t h r e e a f t e r t h e m e a l .

two These

are the three a f t e r the meal: o n e f o r G r a c e 5 6 , o n e f o r t h o s e w h o e x e r c i s e charity57, o n e for those w h o console mourners58.

And when

( S i m e o n b e n ) 5 9 G a m l i e l died, t h e y a d d e d a n o t h e r t h r e e :

Rabban

One for the

of the c o m m u n i t y 6 0 , o n e f o r t h e head o f t h e c o m m u n i t y 6 1 , and

Hazzan

o n e f o r Rabban G a m l i e l 6 2 .

But w h e n the Rabbinical a u t h o r i t i e s s a w that

t h e y r e g u l a r l y g o t d r u n k t h e y d e c r e e d and r e t u r n e d it t o t h e o r i g i n a l status 6 3 . 54

This is the Y e r u s h a l m i f o r -

mulation, also found in Semahot The Babli version, Ketubot

XIV.

8 b, has 3

57

In honor of those who gave their

time and w e n t o u t in t h e f u n e r a l procession.

cups b e f o r e t h e meal, 3 d u r i n g t h e

58

meal, and 4 after the meal for the four

meal and participate in it.

benedictions of Grace.

59

55

the parallel sources, "Simeon ben" is a

As an apéritif. The next five a r e

The outsiders who provided the

As is seen from the following and

r e g u l a r d r i n k s to go with the solid

scribal error.

food.

60

56

T h e r e l i g i o u s l e a d e r of

the

The regular cup over which Grace

community who leads the services and

is said, as explained in later chapters.

all religious a c t i v i t i e s including t h e

Since o n e may n o t

funerals. (A rabbi is only a religious

together

recite

in t h e p r e s e n c e

Grace of

the

judge; t h e hazzan

was not only t h e

mourner, one cup is needed f o r e a c h

reader but also the ritual slaughterer

one of the participants.

and general servant of the community.)

270 61

CHAPTER THREE T h e p r e s i d e n t of t h e congre-

became the Jewish standard

that

gation, who was r e s p o n s i b l e f o r t h e

everybody has to be buried in Rabban

establishment

Gamliel's way.

a n d u p k e e p of

the

cemetery.

63

62

Galilean Amoras, shows that

He had himself buried in a simple

The preceding story, f r o m later "the

linen shirt and in a plain u n a d o r n e d

original way" a r e t h e p r e s c r i b e d 10

wooden casket. Before his time, people

cups; there is no prohibition of wine at

w e r e buried in e l a b o r a t e c l o t h i n g in

the funeral meal.

expensive caskets.

> i o n τ η η ΝΊΠ Ü7

A f t e r him

.'inn - j m

>*o? >3-1 ,ia*i * m : > >

Ί κ η ΝΠΝ '1-1

>3-> ή i?

it

.r)>> ION") >t>Ì> >3*)}

.")» i n ^ l

Otf??*

Ή ^ ϊ

0?1< 0>>>3N ON

1

^

ins

.rP3*ì 71}Γ) ΝίΓΓ) ^ p v >3*1 .p-T'p!pri

.pDÎp J I O ^ S

niçb v ^ N j p o

in©

>Γ1*)ΓΙ 1>P N " j n l O Ç

ρ κ ON"! / ) » o ^ n y ) n n ^ i

M a y a C o h e n d e f i l e h i m s e l f 6 4 f o r the h o n o r of his teacher? T h e f a t h e r in-law of R e b b i Y a n n a i t h e y o u n g e r 6 5 died. l a w 6 6 and his teacher. h e a r d it and said:

H e w a s b o t h his f a t h e r - i n -

H e asked Rebbi Y o s e w h o f o r b a d e it.

Rebbi A h a

His students should defile t h e m s e l v e s for him.

The

students of Rebbi Y o s e d e f i l e d t h e m s e l v e s f o r h i m but ate m e a t and drank wine67.

Rebbi M a n a told them: O n e of t w o things y o u c a n n o t e s c a p e .

If

y o u are mourners, w h y did y o u eat m e a t and drink w i n e ; if y o u are n o t mourners, w h y did y o u d e f i l e y o u r s e l v e s ? 64

By t o u c h i n g a d e a d body or

carrying his casket (cf. Lev. 21).

The

teacher of Rebbi Johanan. It is implied that he was a Cohen.

main place of these discussions is in

66

Yerushalmi Nazir 7:1.

his wife but may not defile himself for

65

An

Amora

of

the

fourth

G a l i l e a n g e n e r a t i o n ; so c a l l e d

to

distinguish him from Rebbi Yannai, the

A Cohen must d e f i l e himself f o r

any of her relatives. 67

Before the burial.

271

HALAKHAH1

19 ,N3i>n t^N")

3>jv mr) >th> >3-> . r n i n "ña?!? i r ò N n o » y i n e

.Oft? Γϊ>> ΙΟΝ Η ϊ ΡΙ»> 3>31Π

.DÜ73 Π>> "Ï&N ΐ Ο π»> p g r ?

May a Cohen defile himself for the honor of Torah? Rebbi Yose was sitting and teaching when a dead body was brought in 68 . He did not say anything either to those who left or to those who remained sitting 69 . 68

To be eulogized in the Yeshivah.

Cohanim among his students

who

He said nothing to those who

preferred to study even if it meant

were Cohanim and did not want to stay

staying with the dead person in the

in the same house with the dead person

same

even though they were missing some of

undecided whether a Cohen should stay

Rebbi Yose's lectures, nor to those

or leave.

69

"tent".

Rebbi

Yose

was

NT133 n i n n l i n y n>n l O n iτ n- i o- nτ N3N -»3 ν »τ π >3*π n n a r vτ n: rro: ran τ : · τ · · : S

"Τ

T T

V>»o)p νγ} ν π ν - η npv? '3Ύ! 1 · Ρ ' 3 Ί 1 Dip)3> l i o ì n

,·)Γΐ3 >3-ι γή>ί»

>3"! >ön >3-1

iv>jn

.niacin

.mtppi V&'N?

-13 3pi»? >3-)> η»ρ^η >3"! ">ÖN . o n p ç y ^ 9 3 V^ "V?N . ^ n "»ini r n n o Tin>ri> Ν η υ η ψ v n a i rP> V!>N3*T o w n VN N^

DIÌJ? n>> ->in>ri N^ ΝΠΝ

m r n o i w ? VN1 .p^rn N1? r n i n

Rebbi Nehemiah the son of Rebbi Hiyya bar Abba said: My father did not walk under the arch of Caesarea 70 .

Rebbi Ammi, Rebbi Hizqiah,

Rebbi Cohen and Rebbi Jacob bar Aha went walking on those streets 71 of Sepphoris. They came to the arch and Rebbi Cohen left 7 2 . They reached a place of purity and he returned to them. He asked them: "What were you discussing?" Rebbi Hizqiah said to Rebbi Jacob bar Aha: "Do not tell him anything!" We do not know whether it was because he was angry that he left since one defiles oneself for words of Torah or whether it was because he 73 was haughty 74 .

272 70

CHAPTER THREE R. Hiyya bar Abba was a Cohen,

71

Latin platea, Greek π λ α τ ε ί α (seil.

as is also clear from the later account

όδός), "street".

of the visit of Diocletian. He did not

72

pass under an arch a t t a c h e d to a

Rebbi Hiyya bar Abba did not pass

building or archway under which there

under the arch of Caesarea.

were graves.

73

The Caesarea here is

Probably for the saine reason that

Rebbi Cohen. (The first "he"

Caesarea Philippi, on the Jordan near

r e f e r s to R. Hizqiah.)

Since t h e

Banias. Even though Caesarea Philippi

problem is unresolved, it seems that in

was built by the Herodian family, it is

the opinion of the Yerushalmi, as a

unlikely that the arch belonged to a

doubt in matters of Torah, he should

building containing a Jewish grave and

not defile himself for Torah study.

it is accepted in the Babylonian Talmud

(This is the opinion of the Babli,

(Yebamot 61a), following R. Simeon bar

Avodah zarah 13a, for all defilements

Yohai, that only Jewish graves defile

that have a Biblical basis.)

"in a tent" but not Gentile ones. The

74

problem is not mentioned in any of the

Leyden manuscript; the edil io

surviving parts of the Yerushalmi; one

of Nachmanides has ]0"J . The Venice

might infer from the stories told here

print has J0"0i "a flyer" which makes

that the ruling of the Babli was not

no sense. The implication seems to be

that accepted in Galilee. Nachmanides

that Rebbi Hizqiah, the

(DIX min, τικχιπη ρ » , ed. Chavel, vol. 2,

authority, was piqued by the fact that

p. up) adds: "but R. Ammi (who also

Rebbi Cohen, a very minor figure, did

The r e a d i n g is that of

the

princeps

Rabbinic

was a Cohen) did pass under them."

not ask his opinion whether he might

The rest of the paragraph supports the

pass under the arc.

reading of Nachmanides.

w v p p i n n i w a j >?»-r>n η ύ ί η ρ > Î H > y i N b n s n n N S V Ï i r ò κ ρ φ ρ >?ri •îv!?¥ T ò V ì Nsi> .noo> riDit !?ΙΝ

75

-no>!? it»£>N"! >ian ρ

τ ί η > > ρ>Ν*?

ΓΠψ !?>sn>

νΛ o n i ç î n r n v r n

.ηφκ

-iii>y>i v n ï n n n n i n tin!?!?

N»\?> ΓΠΊΤ) *ή»>> ρ·>ΝΟ ^ Υ>> ISSISI "MOÍN >ÜÍ> >3") i n i ΙΠΝ Ν2ήη N e o n n>ny i r p n η ο ν . n y n ΐ > ì n > \ ? ? n ρ ON h ï h

v!?y n p N >pn> i r ò H V Ϊ Η m p Ν

273

HALAKHAH 1 It is stated 7 6 :

A Cohen m a y defile himself by leaving the Land77 for

civil and c r i m i n a l s u i t s , f o r t h e c o n s e c r a t i o n o f t h e N e w M o o n a n d intercalation of a y e a r 7 8 , to s a v e a field f r o m a G e n t i l e , and h e e v e n m a y l e a v e and l o d g e a c o m p l a i n t a b o u t i t 7 9 , t o s t u d y T o r a h and t o m a r r y a w i f e . Rebbi Judah says, if h e has a place to s t u d y 8 0 , h e s h o u l d n o t d e f i l e himself.

Rebbi Y o s e says, e v e n if h e has a p l a c e t o study, h e m a y d e f i l e

himself, since a m a n m a y not h a v e the luck t o learn f r o m e v e r y t e a c h e r . T h e y said about Joseph the C o h e n 8 1 that he d e f i l e d h i m s e l f and f o l l o w e d his teacher t o Sidon 8 2 .

In truth 8 3 , t h e y said a priest s h o u l d not g o a b r o a d

unless o n e promised h i m a wife.

75

T h e unexplained word Ί ΐ ο ^ is

missing in the parallel Nazir

Land of Israel ritually unclean but the

7:1 (fol.

fact that it is so, is obvious f r o m Amos

56a). It probably is a corruption and is

7:17. (The Babli takes t h e impurity of

best disregarded. It could be f r o m 1U3

the "land of Gentiles" to be rabbinic,

"to act as watchman."

R. M. Margalit

but this r e f e r s to t h e t i m e when no

assumes that a silent ν is missing, that

ashes of a red h e i f e r w e r e a v a i l a b l e

one should r e a d no*»^, to annul (a

anymore and every Cohen was impure

d o c u m e n t of i n d e b t e d n e s s . )

The

from the start, whereas the Yerushalmi

i n t e r p r e t a t i o n s of Z. F r a n k e l (Latin

baraita might refer to earlier times, cf.

latro), J. Levy (Greek ρητώρ), and M.

Chapter 1, Note 3.) The prohibition for

J a s t r o w ("to I t u r e a " ) h a v e

the Cohen to d e f i l e himself willingly

to

be

rejected. 76

derives from Lev. 21:1-15.

This baraita is in similar form in

other Yerushalmi sources, Nazir Semahot IV:25,26, Tosephta Moéd 1:12,

Avodah

zar ah

78

In the absence of a c o m p u t e d

7:1,

calendar, the last two activities may be

qatan

exercised outside t h e Land of Israel

1:8, a n d

in

only if political c i r c u m s t a n c e s m a k e

materially d i f f e r e n t Babylonian tra-

the consecration in Israel impossible.

d i t i o n in Babli Avodah

(The statements up to this point a r e

zarah

13a,

Erubin 47a.

missing in the Babli parallels; see the

77

preceding Note.)

It is not clear which verse of the

Torah d e c l a r e s all land o u t s i d e t h e

79

"To lodge a c o m p l a i n t " a b o u t

274

C H A P T E R THREE

real estate usually means to c l a i m

teacher, the p r a c t i c e of l e a v i n g the

ownership

Land

particular

against if

a squatter,

t h e r e a r e no

in

written

for

study

purposes

is

well

established.

documents f o r either party.

82

80

Sîdân, in contrast to B i b l i c a l Sïdôn,

Any place to study in the Land

N o t e the Talmudic vocalization

of Israel.

close to modern Arabic Saida.

81

83

Joseph (called Issi) ben Yehudah

As a rule, any tannaïtic statement

(or Aqabiah) from Huzal in Babylonia

label

who immigrated to Israel and was a

established practice.

student of Rebbis Eleazar ben Shamua

f o r a priest to l e a v e the L a n d

and Yose ben Halaphta. He is a Tanna

m a r r i a g e is o n l y

of the last generation and known as the

m a r r i a g e , not f o r

"last of the pious".

possible bride.

If such a holy man

Van "in

truth",

represents

T h e permission

for

an

for

arranged

a search

for

a

leaves Israel to f o l l o w his secondary

n?ip ι ώ ν h m

i r ò - α N 3 N >317 η η Ν n ^ n a

n o i Ν Π Ν >2-) y n w

>31 i n i

.o?a? n w y f i inb κ η ψ ψ

,D>ÛD TIN>VO> i n b NO\?>? Ν Π Ν

» D n ï y > ? i n yny)

n i w p ^ i

ÌN -»»ni u n

o w n >oi>

.OI!?3 Γ Ρ > n n m

N W Ì 3 Î3>N1 Γ Ι ϋ ? · ) η Jl>33 7 0 Ì V ί Ο Π ψ i n b ' ^ D ΙΟΝ

.Πψντί

DOIT HWV

ine

Nb

13 TVTV

">£>)? " D O l

,n>3ip>N N 3 N Ì r P Í Í J P N

. Í W i » 3 "12ÌV V f l ? DIS . o t o s ÏT>> J i n O N

M a y a C o h e n d e f i l e himself f o r t h e l i f t i n g o f h a n d s 8 4 ?

n'y

Gedilah85, the

b r o t h e r o f R e b b i A b b a bar C o h e n 8 6 said b e f o r e R e b b i Y o s e in t h e n a m e of Rebbi Aha:

A C o h e n d e f i l e s 8 7 h i m s e l f f o r t h e l i f t i n g o f hands.

A h a heard it and said:

I n e v e r told h i m a n y t h i n g .

Rebbi

O n s e c o n d t h o u g h t s he

said, m a y b e he heard f r o m m e that w h i c h R e b b i Jehudah b e n P a z i said in the n a m e o f R e b b i Eleazar:

E v e r y C o h e n w h o stays in the s y n a g o g u e and

d o e s n o t l i f t his hands t r a n s g r e s s e s a p o s i t i v e c o m m a n d m e n t , a n d w a n t e d t o say that a p o s i t i v e c o m m a n d m e n t 8 8 s u p e r s e d e s a commandment.

I never told him anything89.

cause h i m t o b e f l o g g e d !

he

negative

B r i n g h i m in a n d I w i l l

271

HALAKHAH 1 84

The priestly blessing

(Num.

commandment is t h e p r o h i b i t i o n f o r

6:24-26) that the Cohen has to r e c i t e

the Cohen to d e f i l e himself

during morning prayers.

good cause.

Since t h e

without

priest has to l i f t his h a n d s f o r t h e

89

blessing, in imitation of Aaron the High

priestly blessing is only on a C o h e n

Priest (Lev. 9:22), the entire ceremony

who happens to be in the synagogue at

is called "the lifting of hands".

the right time. But if a coffin is in the

85

This is the reading of the Rome

synagogue f o r an eulogy b e f o r e t h e

manuscript. The names given in other

funeral, the Cohen c a n n o t be in t h e

sources, nVaa .nVojn, are not otherwise

synagogue when the priests a r e called

attested as Semitic names.

and, hence, would h a v e to e n t e r t h e

86

synagogue to be defiled at a moment

An Amora of the f i f t h gener-

ation, s t u d e n t of t h e A m o r a

Rebbi

T h e o b l i g a t i o n to r e c i t e t h e

when

there

is no p o s i t i v e

com-

Yose, t w o g e n e r a t i o n s a f t e r R e b b i

mandment on him.

The h y p o t h e t i c a l

Abba bar Kahana.

argument of Rebbi Aha could only be must

resolved in f a v o r of G e d i l a h in t h e

defile himself to fulfill the obligation

unlikely event that s o m e o n e in t h e

of reciting the priestly blessing.

s y n a g o g u e dies s u d d e n l y w h i l e t h e

88

priests already

87

Implying t h a t a C o h e n

The obligation on the Cohen to

r e c i t e t h e blessing.

nriN

The

negative

.Njvn inri n i n i

.>> "pnì?>Ny>

l ^ V

the

η>π> í o q ΙΓΏΝ >?-) rníoym

>> ·ρη!?>><ψ ν ! ? • > ? ? j m > v o .PIVI

for

priestly blessing.

N m - i ) ? NJW>??:I

,ΓΡ> " P ^ V !

assemble

yù

-»ön

p a y i m i n ί ο r n r j •)? ì i v p y i

R e b b i A b b a h u w a s sitting t e a c h i n g in t h e f o r t i f i e d 9 0 s y n a g o g u e in Caesarea 9 1 ; there w a s a c o f f i n there. There c a m e t h e t i m e f o r l i f t i n g t h e hands and t h e y 9 2 did n o t ask him.

T h e r e c a m e t h e t i m e f o r e a t i n g and

they a s k e d him. H e said to them: For the lifting of hands y o u did not ask m e , f o r e a t i n g y o u are asking m e 9 3 ? taking himself a w a y and fled.

W h e n they heard this, e a c h o n e w a s

276 90

CHAPTER THREE This is the reading of the Rome

but it will become clear that the latter

ms., f r o m S y r i a c i m a , " f o r t i f i e d " .

is in fact meant.

Graetz's translation "revolutionary" is

92

phantasy.

students.

T h e w o r d could be f r o m

The

Cohanim

among

his

They r e m a i n e d s i t t i n g f o r

G r e e k μ ε ρ ί ς , -ίδος, ή "part, region,

Rebbi Abbahu's lecture.

district". In that case, the translation

93

would be "regional synagogue" (E. G.).

deliver a ruling, it seems that he had

The reading of the Leyden ms. and the

not formed a d e f i n i t e opinion on t h e

V e n i c e p r i n t , κ π π β , "measuring" or

matter. Rebbi Yose was one of the last

"tripping", does not make any sense.

students of Rebbi Abahu; the discussion

91

q u o t e d in t h e p r e c e d i n g

It is not quite clear whether this

was C a e s a r e a on Sea or

was issued by Rebbi Abbahu.

Philippi; the former is usually assumed

>a-t

.π>?9Π>ο

ïï^O

î ^ P P ^

Νίατιψ?>

paragraph

could not have taken place if a ruling

Caesarea

ÍO!?P oi3>>o>í?iT P ' > t ? τ ?

Since R e b b i A b b a h u d i d not

niM-)> i r ò Ν p o p

r r i ΊΙΟΗ

V O ? n Ν Ι Ν *va N » n r n ! ? y u a n í o n >

rn?)? i j n v niDipn

o w ? n ' p - p >3*η n » p ^ n YV

ΝΠ> TIT n > 3 m o i p n

Rebbi Yannai said: A C o h e n d e f i l e s h i m s e l f in o r d e r t o s e e t h e king. W h e n k i n g D i o c l e t i a n v i s i t e d h e r e , R e b b i H i y y a bar A b b a w a s s e e n stepping o v e r g r a v e s at T y r e in o r d e r t o s e e h i m 9 4 .

R e b b i H i z q i a h and

Rebbi Jeremiah in the n a m e of Rebbi Johanan: T h e r e is an o b l i g a t i o n t o s e e g r e a t p e r s o n s of g o v e r n m e n t , s o t h a t w h e n t h e k i n g d o m o f

the

dynasty of D a v i d will return o n e will k n o w h o w to distinguish

one

g o v e r n m e n t f r o m the other. Since D i o c l e t i a n c h a n g e d t h e

carries the f o r m a l title of "king" or

constitution of the Roman empire from

whether he should be a ruler who has

a formally republican

power over life and death.

94

one to

an

Since the

absolute m o n a r c h y , it is not t o t a l l y

rule appears here in the name of Rebbi

c l e a r w h e t h e r a Cohen may d e f i l e

Yannai who lived under the principate,

himself only f o r a r u l e r w h o also

t h e second a l t e r n a t i v e is t h e m o r e

277

HALAKHAH1 likely one. In the Babli (Berakhot 19b),

it is not proven that Rebbi Hiyya bar

the ruling (and the statement of Rebbi

Abba stepped over Jewish g r a v e s at

Johanan) is not by an early Amora but

Tyre. (The Babli, loc. cit., notes that a

by a very early Tanna, Rebbi Eleazar

Cohen

bar Z a d o q , a Cohen w h o m e n t i o n s

commandment f r o m s t e p p i n g over a

is p r o h i b i t e d

by

Biblical

having seen the late Herodian r u l e r s

grave only if there is less than a hand-

before the destruction of the Temple.

breadth of space between the c o r p s e and the upper cover of the c o f f i n , as

It was reported b e f o r e that Rebbi Hiyya bar Abba was a Cohen. We also

explained in Mishnah Ahilot

saw b e f o r e that the Yerushalmi does

most cases s t e p p i n g o v e r a g r a v e is

not seem to e x c l u d e G e n t i l e g r a v e s

only a rabbinical p r o h i b i t i o n w h i c h

from the defilement of a "tent"; hence,

may be lifted in special circumstances.)

íjn^ i ?

, o i » n Π31Π3 i > n ί κ π

>3-1 t n ? N

N 3 N -13 Ν » Π >3*1

Π "TV

r m n > >3-17 π > τ ι η Ν > í o i r p n ? ) p 7 I D VN I D ^ n S ON

is

ΓΡΊ[? 1 3 7 \ φ ψ ) D T P

.DUNOÌ p - p s m n3pi>i Ν π ψ ο ρ α

, ρ > > ρ N ^ I N3I3 >3T Ί Γ Ι 3

. m s n Ji)p3 i n i N w y i j j j v o ? nv3

17V >3-1

VII; in

>3-1 -ION

>3">

"iJiJvn? p y r ^ D

W h e n R e b b i Judah t h e P r i n c e 9 5 died, Rebbi Y a n n a i p r o c l a i m e d a n d said: "There is n o p r i e s t h o o d t o d a y 9 6 . "

W h e n R e b b i Judah t h e P r i n c e ,

grandson of Rebbi Judah the Prince, died, Rebbi H i y y a bar A b b a did push R e b b i Z e ï r a 9 7 in t h e G u f n a s y n a g o g u e o f S e p p h o r i s a n d d e f i l e d h i m . W h e n N a h o r a i 9 8 , the sister of Rebbi Judah the prince, died, H a n i n a 9 9 s e n t f o r R e b b i M a n a but t h e latter did not c o m e .

Rebbi

H e said t o

him, if o n e d o e s not d e f i l e himself for t h e m during their l i f e t i m e , s o m u c h less in their death. Rebbi N a s s a 1 0 0 said, in their death they m a d e t h e m like a corpse of o b l i g a t i o n 1 0 1 .

95

Rebbi, the son of Rabban Sime-

on ben G a m l i e l a n d e d i t o r of Mishnah.

the

96

All priests a r e obliged to come

to the eulogy and funeral. 97

Who also was a Cohen and did

278

CHAPTER THREE

not want to d e f i l e himself. While the

him must c a r e for him; even the High

Prince Judah 1 was not only patriarch

Priest, w h o d o e s not d e f i l e himself

but also r e c o g n i z e d as t h e g r e a t e s t

even for father and mother, must defile

rabbinic authority of his day, Judah II

himself for a corpse of obligation.

was patriarch and a competent but not outstanding scholar.

Rebbi

It is not too clear who is meant. We

Zei'ra

may assume that M a i m o n i d e s w r i t e s

apparently felt that his scholarship did

f r o m t r a d i t i o n w h e n he f o r m u l a t e s

not merit that a Cohen should d e f i l e

(Hilkhot Evel, 3:10) "When a patriarch

himself, whereas Rebbi Hiyya

bar

dies, everybody defiles himself for him,

A b b a , w h o l i k e Rebbi Z e ï r a was a

including Cohanim; they made him like

greater scholar than Judah II, insisted

a corpse of obligation f o r e v e r y b o d y

t h a t t h e o f f i c e of p a t r i a r c h

because everybody is required to honor

alone

deserved this recognition.

him and everybody is stunned by his

98

death."

Nahoraï is really a man's name.

In the parallel in Nazir she is c a l l e d

Hagahot

Maimuniot

(ad

loc.)

note that the sentence "they made him

Y e h u d i n a ï , w h i c h s e e m s to be t h e

l i k e a c o r p s e of o b l i g a t i o n " is t h e

better tradition. She was the sister of

statement

Judah II.

discussion goes as follows:

99

Rebbi Hananiah from Sepphoris,

of

Rebbi

Nassa.

The

The sister of the patriarch Judah II

a colleague of Rebbi Mana; see Chap.

d i e d a f t e r him.

2, Note 97.

manded t h a t Rebbi Mana, a Cohen,

100

should d e f i l e himself f o r her.

A student of Rebbi Eleazar and

Rebbi Hanina de-

Rebbi

others; a resident of Caesarea whose

Mana retorted that, since he would not

name is prominent in the part of t h e

defile himself

Yerushalmi that was edited in Caesarea

p a t r i a r c h ' s l i f e t i m e , w h e n it w o u l d

(Neziqin.)

h a v e c o n s t i t u t e d an h o n o r f o r t h e

101

patriarch, he might not do so a f t e r the

A corpse of o b l i g a t i o n is t h e

for her during

the

body of a Jew who is not the known

patriarch's death.

r e l a t i v e of a n y b o d y

and,

support of Rebbi Mana, explains that

could

t h e d e f i l e m e n t of C o h a n i m f o r t h e

In s u c h a

patriarch is because he is considered an

nearby

t h e r e f o r e , has nobody who o r g a n i z e his f u n e r a l .

situation, the f i r s t p e r s o n w h o f i n d s

R e b b i Nassa, in

obligation for all of Israel.

279

HALAKHAH 1

.nn^ìalp γρερν γιγιν? νηψ

^

Ν * Ο » ? ! ! J133Ç > 3 9 0 >Ν Τίν

ίΟΝΊ ΙΟΝ

1 1 1 3 (fol. 6b)

"ita?!? ΊϊΡ

inç

, Γ Ι Ν ^ IDO 13Πί> > 3 Ί > ΪΗψ

HÏÏH

" Ί Ί "ION . y i v >Í>N ißN"! V 3 N t í a s

o w p

.oto^a Kinn ΓΙΝ^ rnça ON

rn\?N ."|im> >3-)> r o n s Ν>η , η ^ ο r ò r r i π ι ν ή I>N

vn^

M a y a C o h e n d e f i l e h i m s e l f in h o n o r of his f a t h e r a n d m o t h e r 1 0 2 ? Rebbi Yasa heard that his m o t h e r had c o m e t o B o s t r a 1 0 3 . asked R e b b i Y o h a n a n , m a y I l e a v e ?

H e w e n t and

H e said t o him, if it is b e c a u s e of

danger o n the r o a d 1 0 4 , leave. If it is in order to honor f a t h e r and m o t h e r , I d o not k n o w .

R e b b i S a m u e l bar R a v Isaac said,

R e b b i Y o h a n a n still

needs t o answer. H e importuned h i m 1 0 5 , so he said: If y o u d e c i d e d t o g o , return in p e a c e 1 0 6 .

Rebbi Eleazar heard this and said: t h e r e is n o g r e a t e r

permission than that.

102

As the sequel shows, t h e only

question is whether a Cohen may leave

her coffin arrived at Bostra. 104

To

accompany

his

mother

the Holy Land doing s o m e t h i n g in

because of the dangers of the road is

h o n o r of f a t h e r or m o t h e r .

clearly allowed since it is a matter of

The

Biblical prohibitions cannot be violated

life and death.

for the honor of father and mother.

105

103

Rebbi Johanan's answer

This city is South of the Hauran

R e b b i Yasa did

not

accept

as f i n a l ,

mountains, not f a r f r o m Edreï, on the

insisting to have a definite yes or no.

caravan route to Babylonia.

106

It is not

the B i b l i c a l E d o m i t e B o s r a .

Rebbi Johanan would not order

The

any Cohen to leave the Holy Land in

parallel in the Babli (Qiddushin 31 b) is

order to meet f a t h e r or m o t h e r but

much more explicit, stating that Rebbi

neither would he hinder any one who

Assi's (Yasa's) m o t h e r was mentally

very much wanted to go.

disturbed and that it turned out that

J i n x nio>Njp& ο > ? · η

TT>in n^in-a

o y v n >?ri

.o>3in ·ή3?> i r p

o r n n vn o n .πνο\?ι

roi-»;?

nnNl

rninv»

inç

n¡?irn

280

CHAPTER THREE

ï y dn)?ìoi lits ία

Nìn

-VD^n " m a

>1·) -içn nn ρ

Ima

n i i - i p 3 rj>in

.nnin

n n p N ν "TN . r i n N η ν ν n y y r i

onì

n^ñnna

DNjpio i ^ s n

οίνΊα?

m s o η η ν τ Ν ΐ η ψ ο > ? η η *τίι:> .mTin n y p p Ν>ηψ η κ ρ ί ο

M a y a C o h e n d e f i l e himself in h o n o r of the public? It is stated:

When

there are t w o a c c e p t a b l e roads, o n e long and pure, the other o n e short and impure: If the public w a s w a l k i n g 1 0 7 o n the long o n e , he g o e s o n t h e l o n g o n e ; o t h e r w i s e , h e g o e s o n t h e s h o r t o n e in h o n o r o f t h e public.

That

refers t o i m p u r i t y b y their w o r d s 1 0 8 ; a l s o f o r i m p u r i t y that is f r o m t h e w o r d s of the Torah? F r o m w h a t Rebbi Zeira said, s o great is the h o n o r o f the p u b l i c that it t e m p o r a r i l y p u s h e s aside a p r o h i b i t i o n 1 0 9 , that m e a n s e v e n impurity that is f r o m the w o r d s of the T o r a h 1 1 0 .

107

In a f u n e r a l procession.

The

rabbinical, not biblical.

baraita is from Semahot 4:14. Since the

109

f o l l o w i n g baraita

if somebody notices that his clothing is

IS s p e a k s

about

It is explained in Kilaim 9:2 that

digging the grave, the text here speaks

forbidden as shaätnez, he may k e e p his

of the procession preceding the actual

clothes on until he gets home and does

burial. A similar but d i f f e r e n t

not h a v e to stand n a k e d or in his

baraita

in the Babli (Berakhot 19b) deals with

underwear in public.

people returning after the burial.

110

108

conclusion but, as noted before, it deals

If the impurity is not certain but

only possible, the p r o h i b i t i o n passage

for

the

>33> r o l ? ? ) l a "pvpw

Cohen

is

of

only

vi<

The Babli comes to the opposite

with people returning from the funeral, not a funeral procession as here.

^

n > o - » y > o i p >N3>

K p t y

ï H y i j n v >?") N r p

r o i > >3") .rip

ty

"TD ì n p > r n n i n τ ? -»ç>5 ,η>> η η ρ n i n i Ji>3n p f i ! ? i i û i y w H p n n>tnv 'öip ν!? i n p

m n τ?

^-(í? ,n>>

η>>?·ν r n N m

pism

. η - π ρ > n>> ρ ρ ρ α ynr)

m n p > m mr) t ? η η υ

, p n * > a n -13 nir)

281

HALAKHAH1 Rebbi Jonah, Rebbi Y o s e the G a l i l e a n 1 1 1 , Rebbi Y a s a bar Hanina:

One

d o e s n o t ask rulings o n p r a c t i c e b e f o r e t h e bier of a d e c e a s e d 1 1 2 .

But

Rebbi Y o h a n a n a s k e d Rebbi Yannai b e f o r e the bier of R e b b i S i m e o n b e n Y o z a d a q 1 1 3 a b o u t h i m w h o d e d i c a t e d his h o l o c a u s t s a c r i f i c e f o r t h e u p k e e p of the T e m p l e , and he a n s w e r e d h i m 1 1 4 !

L e t us s a y w h e n he w a s

far a w a y 1 1 5 o r w h e n t h e y w e r e b r i n g i n g h i m t o t h e s t u d y h a l l 1 1 6 .

But

Rebbi Jeremiah a s k e d R e b b i Zeïra b e f o r e t h e bier of Rebbi S a m u e l bar Rav Isaac! Let us say that he a n s w e r e d him w h e n he w a s far a w a y ; w h e n he w a s c l o s e he did not a n s w e r him.

111

A Galilean Amora of the third

whereas gifts f o r t h e u p k e e p of t h e

generation, teacher of Rebbi Jonah.

Temple are only a monetary obligation.

112

In the Babli (Berakhot 3b) it is

So it should be impossible to dedicate

stated more generally, in the name of

an 'olah for the upkeep of the Temple.

R. Joshua ben Levi, t h a t w o r d s of

H o w e v e r , a bardita

Torah a r e f o r b i d d e n in presence of a

32b) s t a t e s that a h o l o c a u s t

coffin. According to Rashi, the reason

a f t e r w a r d s was d e d i c a t e d

is (Prov. 17:5): "He who scoffs at t h e

u p k e e p of t h e T e m p l e c a n n o t

poor blasphemes his Maker." Since the

slaughtered unless redeemed first and

(Babli

Temurah which for

the be

dead person can no longer study Torah,

the money given to the Temple.

he is poor in this respect.

a n s w e r given t h e r e ( p r e s u m a b l y by

113

This is the correct r e a d i n g of

Rebbi Yannai) is that the obligation of

the Rome ms. R. Simeon bar Yozadaq

redemption is purely rabbinical, a kind

was an Amora of the first generation,

of fine, but that f r o m the T o r a h t h e

one of the teachers of Rebbi Yohanan.

second dedication is invalid.

The Leyden ms. has ρ ΐ ϊ ν

*?ridi» by a

115

The

So that the deceased could not

scribal error.

have heard them even w e r e he still

114

alive.

T h e Mishnah ( T e m u r a h 3 2 a )

states that a f o r b i d d e n substitution is

116

valid only f r o m lesser

Rebbis Y o h a n a n a n d Y a n n a i

sanctity.

to

higher

T h e highest sanctity of a

Most commentators explain that

outside the Bet-Hamidrash.

were

However,

s a c r i f i c e is t h e nViy, t h e holocaust,

that would be the same as "being f a r

which is t o t a l l y burnt on t h e a l t a r ,

away".

T h e r e f o r e , it seems that t h e

282

CHAPTER THREE

c o r r e c t i n t e r p r e t a t i o n is g i v e n by R.

T o r a h t e a c h e r in his o w n s c h o o l by

Z a c a r i a h F r a n k e l , that a e u l o g y of a

necessity must involve words of Torah.

n s j m ) ID)? "îrws ty i ! n ? t >

J û ' j m V n o ^ o'flron 'in .ni^on ρ

It is stated:

2r>yrin

T h e carriers117 m a y not wear s a n d a l s 1 1 8 lest a s h o e l a c e of

o n e of t h e m break so he would be eliminated f r o m the g o o d deed.

117

T h e c a r r i e r s of t h e bier in t h e

members of a society that monopolizes

f u n e r a l p r o c e s s i o n , m e m b e r s of t h e

the mitzvah

"holy society".

will

118 Shulhan

A c c o r d i n g to Ture Arukh

Yore

Dea

Zahav

on

358:3, t h i s

applies only to professional carriers, or

π>> η i ? H

have

to

walk

barefooted.

H o w e v e r , it seems that shoes w i t h o u t laces would

be permitted

by

the

Yerushalmi.

>:>y>N π > 3 ΐ η ·>ψΝ·) n o s ^ n

IIIIN N I t Ì - P I ?

.ία!? b i s "Iii? ' O D I Rebbi Zeïra bent d o w n 1 1 9 during a eulogy. h i m u p a n d f o u n d that h e t a r r i e d 1 2 0 .

of c a r r y i n g t h e bier, w h o

^

T ^ W ï

νίψ 1?

They wanted to straighten

T h e y said t o h i m , w h a t is t h i s ?

He

said t o t h e m , b e c a u s e w e will g o there, f o l l o w i n g ( E c c l . 7:2): "Let t h e o n e w h o is a l i v e t a k e it t o heart."

119

Most commentators explain that

tarry,

3)

to

empty

oneself.

In

,

the

Y e r u s h a l m i sources, t h e f o r m 3»'·κ is

p a r a l l e l s q u o t e d in Levy's d i c t i o n a r y

f o u n d only in m e a n i n g 2). T h e v e r s e

show that A r a m a i c VHP is t h e p a r a l l e l

quoted reads in full: "It is b e t t e r to go

of biblical H e b r e w m e , "overhanging".

to a house of mourning than to go to a

The s p e a k e r was leaning down over the

wedding.

railing of his pulpit.

humanity, let the one w h o is a l i v e t a k e

120

it to heart."

Rebbi

Zeïra

fell down.

But

T h e A r a m a i c 'JV may mean 1) to

b e c o m e p o o r , 2) to t a k e o n e ' s t i m e ,

Since t h a t is t h e end of all

231

HALAKHAH 2 ny VIRO?

^ > n r i n > V>ÌD> ON n m i m a n n i s M W A V7>?IYN

λ RWVA

W ^ ON)

RNW>

M i s h n a h 2: W h e n t h e y buried t h e d e c e a s e d a n d r e t u r n e d , if t h e y a r e able to start and finish b e f o r e they f o r m the r o w 1 2 1 they should start, otherwise they should not start.

T h o s e w h o s t a n d in t h e r o w ,

the

i n n e r m o s t a r e e x e m p t 1 2 2 a n d t h e o u t e r o n e s a r e obliged. 121

Before the mourners leave f o r

the entrance to the city. There may be

their home, the other participants of

a long enough walk from cemetary to

the f u n e r a l form two lines and the

town that the p r e s c r i b e d time f o r

mourners pass in the row b e t w e e n

Shema' would pass. The words "start"

them.

and "finish" r e f e r to the recitation of

W h i l e t h e y pass, w o r d s of

consolation are spoken to them. Today,

Shema'.

that c e r e m o n y is p e r f o r m e d in t h e

122

cemetary so that the Mishnah becomes

hear them, they are doing a good deed

void. In talmudic times, the burial was

and cannot be distracted by other ob-

in the cemetary far from the city, but

ligations. The "outer ones" are those

the ceremony of the row took place at

who cannot be seen by the mourners.

ΙΚΡΤΡΠ I ? O N N ^ N YÇY Η ^ Ρ 15>?RI N M

Since the mourners can see and

^LOO ΠΗΗ RIIS V N ^ O VÍ<

A

ΐΝ-»Ρ»Ψ Π ? ΤΊΠΝ Η^Ψ NRVN ON ÌN .ΪΙΠΝ NYY

.mi» π>2 η>>! r o y n > ? γ ρ ν ι H a l a k h a h 2 : 1 2 3 It is s t a t e d :

Virn

.nm] non

η*

"One does not take the dead f o r burial

c l o s e t o t h e r e c i t a t i o n of t h e Shema'

u n l e s s o n e d o e s it o n e h o u r in

advance or one hour afterwards, so that they m a y recite and pray."

But

did w e not f o r m u l a t e : " W h e n t h e y b u r i e d t h e d e c e a s e d a n d r e t u r n e d " 1 2 4 ? Explain it f o r t h o s e w h o t h o u g h t that t h e y h a v e a f r e e p e r i o d 1 2 5 b u t t h e y did n o t h a v e a f r e e period.

284 123

CHAPTER THREE T h e e n t i r e discussion of this

clocks.

Mishnah is r e p e a t e d word by word in

In t h e p a r a l l e l in t h e Babli

(Berakhot

19a), it is staled flatly that

Yerushalmi Sanhédrin 2:2 (fol. 20a).

the restriction of the baratta

124

apply to funerals of important persons.

How can the situation dealt with

does not

in the Mishnah ever arise if the baraita

In t h e o p i n i o n of t h e B a b l i ,

is correct?

situation envisaged by the Mishnah can

125

In t h e a b s e n c e of

o n ")3>3γι ν γ ο

apply to previously planned funerals.

reliable

1>(?>P90 V » o v ç y

TP'P?*?

VPP^n

19VOW

. n ^ a t f ? · ) ν η ψ η?-ιρ> i p r n - n ι ρ > ρ ? Γ η η>η n y y n

. w n o v a >3γιι n o i It is s t a t e d 1 2 6 :

the

o w í o n oi>? n j v ì j i o

.n^arf?

^rupri!? v ^ t o ?

T h e e u l o g i z e r a n d all w h o p a r t i c i p a t e in a e u l o g y

interrupt f o r the recitation of Shema'

and d o not interrupt f o r prayer.

It

happened that o u r teachers i n t e r r u p t e d f o r t h e r e c i t a t i o n o f Shema'

and

prayer. Did w e not formulate: "If t h e y are able t o start and finish"?

Our

Mishnah s p e a k s of the first day, w h a t is stated f o r the s e c o n d day.

126

Tosephta Berakhot

2:11.

This

(and L e y d e n ) texts t h a t h a v e i s o n n

Tosephta comes a f t e r the one dealing

instead of t h e unusual τβοπβπ ( t h e

with the funeral (which will be quoted

corresponding word in the Babli would

l a t e r in this H a l a k h a h . )

be VDonn.)

H e n c e , it

clearly deals with a eulogy after funeral.

the

baraita

[A s e e m i n g l y

in t h e Babli, Berakhot

similar 19a,

T h e text of t h e T o s e p h t a

deals with a eulogy b e f o r e burial and

follows that of the Genizah fragments;

has nothing in common with the text

it is slightly corrupted in the V e n i c e

given here.]

V7>?iy W?!?^ n p p o >7?

ιν>ν> ^ n j v

i n f l m>?N I O N r n ' N a .n^ajii ÌNOi

t?3?3 Ν ΐ η ψ τη l o o n ? ! * 1 3 ^ Ν ΐ η ψ >?-} - » ç n m

.!>¿73J?> ï h

ì y ION? ΊΟΝ i n i .ria^g v m p n ! w n

ι η ί η ^ n i p p NID j m > ON O'NI

innN

. w r r p n ΐ ? κ η ϊψ -107 INO .bins

IÇN?

*τη ν ι ο ί η κ

. n > > a N ^ I o n ? > a >5-1 ίκ>Η yoivy

I O N ? -107

HALAKHAH 2

2M

Rebbi Samuel ben E u d a i m o n 1 2 7 said: H e w h o e n t e r s the s y n a g o g u e and finds t h e m standing and p r a y i n g 1 2 8 , if he k n o w s that he c o u l d start and finish b e f o r e the reader starts, s o that he m a y a n s w e r "Amen", he m a y pray, o t h e r w i s e he should not pray.

A b o u t w h i c h "Amen" did t h e y talk?

T w o A m o r a i m , o n e says the A m e n of "the h o l y K i n g " 1 2 9 and the o t h e r says the A m e n of "He W h o listens to prayer". Rebbi Phineas said, t h e y d o not disagree. H e w h o said: the A m e n of "the holy King", o n the Sabbath, and he w h o said: the A m e n of "He W h o listens to prayer" o n weekdays.

127

An Amora of the f i f t h Galilean

Amidah. "He Who hears prayer" is the

generation, student of Rebbi Mana.

last of the middle b e n e d i c t i o n s of

The paragraph added deals with the

weekday prayers (15th in Israel, 16th

problem of whether to start or not; it is

in Babylonia). The statement refers to

a kind of appendix to the first two

the old Galilean usage that

paragraphs. After that digression, one

was recited only on special days; it

will return to the discussion of the

p r o b a b l y was not r e c i t e d

Mishnah.

Sabbath afternoon prayers and, hence,

128

The Amidah prayer.

it is not mentioned that one should be

129

The third benediction of the

able to respond to Qedushah.

.Vn>>n

c n w p l n p i v n JinN

D>5? V I O T

O^ÌD

. V P Ü ? CP??

oivyp

in

now rnv nn n v

the

>ari

- W I O ? Î73N 0 1 W 3

V a » n o * 3 ì 2 P n r n " i n ì v ? ο ' Ρ ' ^ π r n w a V T P ì V n Ί3>3ΓΠ ν τ ο ^ η mìo?

Qedushah

.ΐ>?>>η

- m a o w n VTPiyn ^ r i i N70

.rni-inN r o y m

rrç ο ν π - ^ 3 n i l ο > ι π ν u n oro>p N i n y p i l o r i ^>3117 » m

.roiwN-i η ί ψ η

.713WN-» η~Ό rm\po nnpiy

.mi-iHN roy)» o y n

n^opn·)

o > > 3 N n j m p i y n i n a y * » ^ n n j W N - α awn ninawpn

in»y>

'Pi1 ' ¡ η Γ ρ η η m t e P î p

o n i - j n n m NJI?OÌB

.rrç Ί Π Ν ^ jmnri

ION ."HPiy D ^ i N m

286

CHAPTER THREE

It is stated (Tosephta Berakhot 2:11): "Rebbi Judah says, if they all are standing in one row, those who are standing because of honor are obliged, those because of mourning are exempt 1 3 0 .

When they descend for a

eulogy, those who see inside are exempt, those who do not see inside are obliged 131 ." It would be that what we stated: "Those who stand in the row, the innermost are exempt and the outer ones are obliged" is the last teaching 132 , and what is stated: "Those who are standing because of honor are obliged, those because of m o u r n i n g are exempt", is the first teaching 1 3 3 . And what we have stated there (Mishnah Sanhédrin "When he

134

2:2):

consoles others, all the people stand one behind the other and

the executive officer becomes a partition between himself and the people", the last teaching.

(Another opinion: the first.)

Rebbi Hanina said:

Originally, all families were standing still and the mourners passed between them. When competition increased in Sepphoris, Rebbi Yose ben Halaphta decreed that the families should pass by and the mourners stand still. Rebbi Samuel Tosephta 1 3 5 said: Matters returned to their original state. 130

In

(Berakhot

the

text

of

the

Babli

actively console are not exempt.

The

19b), Rashi reads: "those who

Babylonian Talmud makes no comment;

come b e c a u s e of themselves", not

we have to assume that it accepts the

"because

position of R. Samuel Tosephta.

of

honor",

but

most

manuscripts and old authors have

131

"because of honor". Also, in the Babli

mourners, the may recite the

only the second part of the Tosephta is

for t h e m s e l v e s without

attributed

anybody.

to

Rebbi

Yehudah.

According to Rashi, only those are

132

Since they cannot be seen by the Shema'

offending

The question is, what is the last

obliged to read the Shema' who come

teaching?

out of curiosity whereas according to

original custom was that the mourners

We are informed that the

most others those who come to honor

walk between two rows of participants

the dead and his family but do not

who greet them with words of con-

287

HALAKHAH 2 W h e n competition g r e w in

practice instituted by R e b b i Yose at

Sepphoris, it seems b e c a u s e p e o p l e

Sepphoris (in the second half of t h e

w e r e jostling f o r t h e best positions

second century C. E.) is in e f f e c t an old

(those who did not make it to the front

Jerusalem practice from the

rows could not be seen or heard by the

before the destruction of t h e Temple,

mourners), Rebbi Yose decreed that the

as stated explicitly in Babli

mourners should stay put and all others

19a, where it is noted that also under

march by them to greet and console

that system people q u a r r e l l e d

solation.

time

Sanhédrin

in

them. This is the case dealt with by

Jerusalem.

Rebbi Judah, that there is only one row

editor) seems to have doubts whether

Here t h e copyist (or t h e

(moving, not standing).

An otherwise

to go with the definition of "first" and

unknown Rebbi Samuel declares that

"last" as above or to call "first" the first

the innovation of Rebbi Jose did not

practice reported by Rebbi Hanina and

stand t h e test of time and in his time

"last" the second one. Hence, there a r e

the consolers stand and the mourners

two opinions about the attribution but

move.

Rebbi Samuel's opinion is t h e

the meaning is clear. If the uncertainty

"last teaching", Rebbi Yose's "the first

is the editor's, then the note "Another

teaching". In the first teaching, there

opinion: the first" belongs to the text.

are no people in o u t e r rows, so t h e

If it is the scribe's or some r e a d e r ' s ,

Mishnah automatically has to apply to

then it is a gloss that has entered the

the last teaching.

text from the margin. For consistency,

133

the hypothesis of a gloss is preferable.

Since t h e e n t i r e T o s e p h t a is

Rebbi Judah's, it s p e a k s of the case

135

where t h e r e is only one row.

Simeon of the Tosephta".

(This

In t h e V e n i c e

text,

"Rebbi

The name

argument is not applicable to the text

given in the text is f r o m t h e Geniza

quoted in the Babli.)

fragments (Rebbi Samuel Tosephta) and

134

The High Priest. When he goes

similar to the parallel in Yerushalmi

out, he is accompanied by his executive

Sanhédrin 2:2 (fol. 20a) "Rebbi Samuel

officer; when he consoles mourners the

of Sofephta".

executive goes first, the High Priest

region of N o r t h e r n A r m e n i a , c a l l e d

second, and e v e r y b o d y e l s e in o n e

Thospitis by Ptolemy, which was t h e

orderly row after him. This is possible

birthplace of Rabba Tosphaä, one of

only in t h e s c e n a r i o e n v i s a g e d

by

the later heads of the Academy of Sura

R e b b i Yose; it is s h o w n t h a t

the

in Babylonia.

Tosephta might be t h e

288

CHAPTER THREE

V i ^ n ì v ^ a ^ n p i vövy

m i o ? CP?\?ì?Ì o m ^ ì D>YÓ :» τ ο ν » •limn Ji3-p5i rrçwpai

Mishnah 3: Women, slaves, and minors are exempt from reciting the Shema' and from phylacteries but are obliged for prayer, mezuzah,136

and

Grace for food. 136

W h i l e both p h y l a c t e r i e s and

their status is different.

mezuzot are based on verses in Shema',

JlÇl H ï )

JIN

JW DJ1ÌN ΟίΗ®!?") 1V3P CPVW

Î13Î7Î1

Halakhah 3: Women from where? (Deut. 11:19) "You must teach them to your sons." To your sons but not to your daughters 137 . The f a t h e r is u n c o n d i t i o n a l l y

e x e c u t e d at s t a t e d times, of w h i c h

obliged to teach his sons Torah; since

women and slaves a r e a u t o m a t i c a l l y

this is an integral part of

Shemathe

exempted. Since the Yerushalmi brings

same is valid for reciting the Shema'. It

this a r g u m e n t in r e l a t i o n t o o t h e r

is general p r a c t i c e that women

things later in this section, it follows

137

may

recite Shema'; it f o l l o w s that in the

that f o r it the r e c i t a l of Shema'

opinion of the Yerushalmi, women may

simply an aspect of Torah study and

study any subjects of Torah they wish.

Torah study is required "day and night",

[The Babli, Berakhot 20b, simply notes

not depending on any particular time.]

t h a t Shema'

is an o b l i g a t i o n to be

vinari

ρ™

n^n

ft

ηπ

.τπν

* wrftNt

,ηηκ -p™

*

ft

is

νοψ

l?>3>? o m y

-Tayn

νιπ -pi}

Slaves from where? (Deut. 6:4): "Hear, o Israel, the Eternal, our Power, the Eternal is unique." He who has only one Lord, this excludes the slave who has another lord 138 .

289

HALAKHAH 3 As explained in the preceding

performed at stated times; therefore, a

paragraph, the Yerushalmi does not

separate argument is necessary to f r e e

r e f e r to the obligation o f

from

138

as

Shema'

an

reciting

obligation

to

be

(Ex.

obligation

slaves

who

accepted Judaism.

.na -p-m N i n y n y ^

Minors from where?

the

* τηίπ

o ^ i ?

13:9) "So that the Torah of the Eternal

should stay in your mouth", at a time when he is permanent in it 139 . 139

This paragraph is exceedingly

difficult for two reasons. generally

accepted

1) It is a

principle

that

way it applies to adults you might think that tefillin

apply to minors the

same way they apply to adults, but the

minors are not obliged to do anything;

verse says 'you must p r e s e r v e

it is their parents who are obliged to

decree', I spoke only about those able

teach them and see to it that they

to watch over their tefillin·,

perform mizwot.

they said:

only with

2) The verse deals

tefillin.

statement and the tradition are not unquestioned. Both Mekhiltot dR. Ismael,

(Mekhilta

ed. Horovitz-Rabin, p. 68;

from here

If a minor knows how to

watch his tefillin,

In the Y e r u s h a l m i tradition, the

this

his father makes him

tefillin" The argument

presupposes

the

statement that minors are obliged to have mezuzot

on their doors (meaning

p.41),

that if they live alone, the r a b b i n i c

the Tannaïtic commentaries to Exodus,

authorities have to see io it that they

Mekhilta

dR. Simeon

bar Iohai,

give the same commentary on the next

have mezuzot on their doors).

verse (Ex.

and tefillin

13:10): "You must preserve

are always

Mezuzah

mentioned

this decree in its time, from year to

together in the first two paragraphs of

year".

Shema'.

" W h y has this b e e n

said?

Hence, one may assume that

Because it has been said (v.9): 'It shall

they are identical in those details that

be for you a sign on your hand', I might

are not spelled out.

understand this to include minors. And

and

it is logical, since mezuzah

explanation is needed lo distinguish

commandment

and

is a positive

tefillin

are

a

positive commandment; if you find that mezuzah

applies to minors the same

Mekhiltot

Boi h Yerushalmi

agree

that

some

between the rules for mezuzah

and

those f o r tefillin.

the

However,

M e k h i l t o t extend the o b l i g a t i o n of

290 tefillin

CHAPTER THREE to all school children whereas

Mizwah

onwards.

In i t s e l f

the

the Yerushalmi restricts it to those f o r

a r g u m e n t a b o u t m i n o r s is

whom

irrelevant; it is needed to exclude t h e

the

study

of

Torah

is

a

permanent obligation, i. e., f r o m Bar-

totally

opinion of the Mekhiltot.

.io?«!! b y o ^ n r n \y¡v»i)? t n i ^ " r n i ^ s

n ?

They are obliged to pray so that everybody ask mercy for himself 140 . 140

Here again, we h a v e a di-

vergence between Yerushalmi Babli.

and

The Yerushalmi states that

and if that were a general obligation, women

would

be

dispensed f r o m it.

automatically Hence, it f o l l o w s

prayer is an obligation not because it is

that the rabbinical obligation of prayer

a Biblical commandment but because

for women cannot mean f o r the Babli

the rabbis thought that everybody has

an obligation to pray ai those s t a t e d

to implore divine mercy for himself. In

times, which it could m e a n in t h e

the Babli (Berakhot 20b), the argument

interpretation of the Yerushalmi.

of the Yerushalmi is repeated but then

opinion

it is stated that in Psalms (Ps. 55:18)

Maimonides, the possible one of t h e

three times daily are stated f o r prayer

Yerushalmi that of Nachinanides.

.qnyyii

of

the Babli

The

is t h a t

of

n i o t > ? ϊ χ ο π ι τ ρ ι η > π ? 7 rrçiwpai

And for mezuzah, as it is written (Deut. 6:9): "You shall write them on the doorpost of your house and your gates 141 . 141

This is an obligation of ownership, not of person.

* riis n r n i i r i y a y ì

i ' r m γκοπ

ro-pi

And grace after meals, as it is written {Deut. 8:10): "You will eat and be satiated; then you must praise the Eternal, your God.142" 142

According to t h e Y e r u s h a l m i ,

w o m e n and slaves a r e r e q u i r e d

to

recite Grace from the Torah since

everybody who eats must give praise. In t h e Babli {loc. cit.), this r e m a i n s questionable.

291

HALAKHAH 3

.nino?

O'wîîji

«WV

IJ'M)

K i n η * >N

ο > ν ό inis") O>\ÍÓN i n * n o n ? irçrçn n)>y

n w n N>n η n o

.p!?1?^ n a w

m i o

yap

ni¿>i> r n s » - ! ? ? )

nip-i* ΐ ρ ^ ϋ ψ n w y rtisoa

ìivpw

ττ>5ΐ·»^ι n(?i»)9 1î?n ntoy)·) n ï U N ή »

m o p η.ηψ

. n o i , ? ίρ-^ηψ nipy η ^ ρ Ν ΐ η ψ Tino* m W P o n w n

JNNVJ? NJVN ON ·ΡΨ ÌJAII POYO

non? i m n Ν

n\yy noia

RAÍ ION , Π ^ ^ Η Ρ NIOA Η!?>> Ν>ηψ

T h e r e ( M i s h n a h Qiddushin

195

1:7) w e h a v e s t a t e d :

ο ν > Vj

"Every positive

c o m m a n d m e n t that is activated by time, men are obliged by it but w o m e n are exempt. Every positive c o m m a n d m e n t that is not a c t i v a t e d by time, b o t h m e n and w o m e n a r e obliged by it."

( T o s e p h t a Qiddushin

1:10):

"What is a positive c o m m a n d m e n t that is activated by time? For e x a m p l e sukkah, lulab, shofar, and tefillin.

What is a positive c o m m a n d m e n t that

is not activated by time? For e x a m p l e lost articles 1 4 3 , sending a w a y t h e nest 1 4 4 , railing 1 4 5 , and zizit1*6.

Rebbi Simeon e x e m p t s w o m e n f r o m zizit

because it is a positive c o m m a n d m e n t a c t i v a t e d by time." n i g h t g o w n is e x e m p t f r o m zizit.

R e b b i Lia said:

Because a

T h e r e a s o n of t h e

rebbbis is that, if a g a r m e n t is designated both f o r d a y t i m e and f o r night, it needs zizit. 143

The obligation to return found

stated that t h e y must b e s e e n ,

so

a r t i c l e s and stray a n i m a l s to t h e i r

garments, worn exclusively in the night

owners in Deut. 22:1-3.

when it is dark, do not need zizit.

144

The obligation to send away the

Babli ( Q i d d u s h i n 33b-34a;

Menahot

mother if e g g s or c h i c k s are t a k e n

4 3 a ) m e n t i o n s n e i t h e r zizit

nor the

from a nest in Deut. 22:6-7.

opinion of Rebbi Simeon in its quotes

145

f r o m the T o s e p h t a ; it a s s u m e s

The obligation to m a k e a f e n c e

around a flat roof in Deut. 22:8. 146

T h e obligation to wear zizit

position in

the third section of Shema' where it is

of

Rebbi

generally accepted.

Simeon

The

to

the be

292

CHAPTER THREE

Ji5*ìan >pn i n i i n >ι> ο > 3 Ί π TI^ ÍOSÍO CHN n o a ο ί Ν ψ NÎJ . i n i i n

ο > 2 ΐ π ni* N ^ i n γη n a i a a » n

l i m n 113*1? Ν>η

>3ΓΙ ΝΠΙ . l i m n

Ν»> >?-» -ION .M^ÌO Ν ^ DN Ì!?>3N

>?•> .rpa? Nìn ΐ7?Νψ >p T · ? ^

Λ

^

npiai nya^ì

n>n ON ^

^TPI

ν η ψ π η ρ η ί ο ^ η ρ η ν ^ VIY?H) ρ η π > uri n a 13 r n v >a-»i >pi> wí?3)p τηι^ι îni^-^D Νη>ψ n ^ a i p Ν Ί ^ γ ι ό ο HÌ . v a ? ΐ3ψ>? τ η κ ι "τηκ-in

It is stated: "For every obligation that a man is free of, he may help the congregation to fulfill their obligation, except for Grace." But have we not stated: "Anybody who is not obligated may not help the congregation to fulfill their obligation"? If he were obligated, he could help them to fulfill even if he himself already fulfilled it!147 Rebbi Lia said: There is a difference about Grace since it is written (Deut. 8:10): "You will eat and be satiated, then you must praise the Eternal, your God;" he who ate must give praise. Rebbi Yose and Rebbi Judah ben Pazi were sitting together and saying: It would be reasonable 148 for reciting the

Shema'

that every single person

should repeat it aloud. It would be reasonable for prayer that every single person should pray for mercy by himself. 147

"To be free" does not mean the

s a m e as "not b e i n g o b l i g a t e d " rather "having

already

himself of the obligation."

mentioned is that of saying Grace. The

but

second statement means, e. g., that a

acquitted

woman, not being obligated to hear the

T h e first

shofar, may not blow the shofar

for a

statement means, e. g., that s o m e o n e

man who is obligated. Since everybody

w h o already has heard the shofar

on

is obligated to say Grace a f t e r a meal,

Rosh Hashanah nevertheless may blow

there seems to be no reason why Grace

the shofar

should

and recite the appropriate

be e x e m p t e d

benediction for somebody w h o did not

statement.

hear the blowing.

148

The only exception

in t h e

first

The exemption m e n t i o n e d f o r

293

HALAKHAH 3 Grace should be extended to the recital

recite the Amidah aloud, without silent

of Shema' and prayer.

The argument

prayer, and it is stated that everyone is

rests on t h e e x p r e s s i o n

required to say t h e p r a y e r with t h e

f o r Shema' (Deut.

6:7) -paV onjaiin "you s h o u l d

r e a d e r , not just to r e s p o n d

with

repeat it to your sons"; it implies a

"Amen". In Babylonia the question did

personal

be

not arise since silent prayer was always

p e r f o r m e d by listening to a r e a d e r .

required b e f o r e the repetition by the

The discussion of prayer presupposes

reader.

action

and

cannot

the Galilean practice that the r e a d e r

l i O O V >>>> pini

71D*n D O W ? Π ί ' Ν Γ Ο Ι Ρ

Ν Π Ν ' i - η >pi> >2-1 .rtyiy-^

1>3 D Ç Î Π 3 1 Ρ 1>3 Π10

r o - n ·ρνο 3^!?

n J D ì J ro 1 »© . 3 ^ p ? n j p ì r o w V 3

Ì3»N 3^1!? . ο > η > 3 ί

n i ^ i o s n i i r n i n *nn>ri n r ? N » ç m 3 p y > >3"! 3>rin

Hïy

ήν)Νΐ

->ψ?>κ n-jiri

V~>W

,ov3 t&y

>ηύ

.!?\?3>> π} -ιψο>Ν rmo in? »5 .o»n>?? ,Î703>!? ·· τ

W h a t 1 4 9 is the d i f f e r e n c e b e t w e e n sukkah

and lulab?

Sukkah

does not

n e e d a b e n e d i c t i o n a f t e r t h e first night o f t h e h o l i d a y , lulab

needs a

benediction all s e v e n d a y s 1 5 0 . Rebbi Y o s e and Rebbi A h a w e r e sitting and saying, w h a t is the d i f f e r e n c e b e t w e e n sukkah both nights and days, lulab the Southerner o b j e c t e d : day?

H o w is this?

that it should e v e r e n d

149

were

applies o n l y d u r i n g d a y t i m e 1 5 1 .

mentioned

applies

Rebbi Jacob

will end; t h e s t u d y of Torah, it is i m p o s s i b l e

.

It seems that this paragraph is

put h e r e because 1) sukkah

Sukkah

But t h e s t u d y of T o r a h applies by night as by

Sukkah 152

and lulab?

and lulab

as e x a m p l e s

colleagues. 150

This is a shortened version of a

of

Tosephta (Berakhot 6:9,10) discussed

temporary obligations and 2) it was the

more in detail later (Halakhah 9:4, fol.

subject of a discussion between Rebbi

14a) and in Babli Sukkah

Yose ( t h e A m o r a ) a n d o n e of

Rebbi

his

states

that

one

46a, w h e r e makes

a

294

CHAPTER THREE

benediction all seven days of Sukkoth

It may be that this distinction caused

and that Babylonian practice f o l l o w s

Rebbi Yose to be dissatisfied with the

Rebbi. Galilean practice followed the

first explanation.

rule

151

that

the

benediction

"Who

While sukkah is one continuous

commanded us to dwell in the sukkah"

o b l i g a t i o n , lulab

was recited only once during the entire

distinct periods of obligation of which

holiday. About lulab, the Babli notes

each one merits a new benediction.

c o r r e c t l y t h a t in t h e a b s e n c e of a

152

Temple, taking the lulab a f t e r the first

boy on becoming Bar Mizwah should

represents

seven

It is unreasonable to say that a

day is a r a b b i n i c o r d i n a n c e , not a

recite the benediction f o r t h e T o r a h

Torah commandment;

once and not repeat it for his e n t i r e

hence,

the

obligation of the second day cannot be

lifetime.

covered by the benediction of the first.

benediction every year.

p

10)7·)

. p j: n—bs > 7· ·3: »l •u' p• :a ÌN η ψ Ν ί Ν η ρ κ

!?ιν

Sukkah

at least gets a new

m a p tav"!

ι ί ρ ν Ì J I N >?ΓΙ

n o :Nιτ vν r i oτ > » oτ i r o - u- > υ ν m ΓΡΓΙΪ» >ο

1?WT

m á

Ν Π* Ντ

·

·

-ION ~ τ

( Ί ^ Ν ) ι η η π Ν τ φ ν α *ina>ri

. r r v N p ib ν π ι ϊ ι Ή ρ ί Ν i n y n o ìiinnisi n?iy i n i N v i f p ç .Ίψν p!p

It is s t a t e d 1 5 3 :

ο η ψ ν p > ΓΠ>Ν>3 N i n n

In truth, t h e y said a w o m a n m a y s a y G r a c e f o r h e r

h u s b a n d 1 5 4 , a s l a v e f o r his m a s t e r , and a m i n o r f o r his father. R e b b i A h a s a y in t h e n a m e of R e b b i Y o s e bar N a h o r a ï : about a m i n o r is f o r the latter's e d u c a t i o n 1 5 5 ?

D i d not

All t h e y said

E x p l a i n it that h e r e c i t e s

a f t e r h i m 1 5 6 , as w e stated there 1 5 7 : "He f o r w h o m a s l a v e , a w o m a n , o r a m i n o r w e r e reading it, repeats after t h e m what they are saying, and m a y it be a curse f o r him. In truth, they said there should be a curse o n t h e m a n of t w e n t y years w h o needs the child of ten." 153

Tosephta Berakhot

Berakhot 20b, Sukkah

5:17, Babli

38a. The entire

piece is f o u n d in Sukkah

3:11, Rosh

Hashanah 3:9. 154

He who does not know how to

say Grace may listen to a companion

295

HALAKHAH 4 recite G r a c e aloud.

T h e Yerushalmi

the minor himself is not obligated and,

has no problem with women or slaves

by the previously mentioned principle,

but for the Babli the question remains

cannot perform any religious duty f o r

w h e t h e r w o m e n may in f a c t r e c i t e

others.

Grace

156

for

males

who

have

an

The adult repeats word by word

obligation f r o m the Torah, i. e., w h o

what the minor says, so t h e adult in

actually ate their fill.

fact has recited all benedictions.

155

157

T h e minor must be e d u c a t e d ;

there is an obligation on the f a t h e r to

In some Tosephta collection no

longer extant.

teach him all religious obligations but

η η η Ν > ι Ο ι n>)a!p

ù'N)

i r n r » ? n¡?

î j - u p - t o w r m n > >3*1 .n>?9> :p.3>? ú w

Mishnah 4: He who had qeri158

.1

mvn

π η η κ ! ? :p.}Jp

thinks but does not recite any

benediction before or after 159 ; on his food he recites the benedictions afterwards 160 but not before. Rebbi Yehudah says, he recites benedictions before and after. 158

An emission of semen.

159

The recitation of

160

Grace, which is an o b l i g a t i o n

Shema'.

from the Torah. He does not recite the rabbinic benedictions before the meal.

.jito-n n r n n p inn Halakhah 4: What does he think of? The benedictions161. 161

But the Shema', which is an

the Shema"', and this also seems to be

obligation f r o m the Torah, he recites

the o p i n i o n of M a i m o n i d e s in his

normally. But Rashi explains "he thinks

decision based on the Bahli.

296

CHAPTER THREE

O>0

to

HR

- P N O (fol. 6c)

D>0

θ ί ρ « 3 NJVM1Ç

n > î û > N"^ :i"u>? i ^ N " ) Î J W ! ? v^ovpîQ iJ'N") yçy> U N ί ο ί ρ n t n r ) v o y ) m s ν " > i p V"i)?iN d > o ? d ì " v n j ?

imp!?

">121 ηη.Γ)Ν> ν > ) ·η

n i n i

The Mishnah deals with a place where there is no water 1 6 2 and follows Rebbi Meir, as it is stated (Tosephta Berakhot 2:13): "He who had qeri but no water to immerse himself reads the Shema' but not so that he himself can hear it, but he does not recite any benediction before or after; these are the words of Rebbi Meir. But the Sages say, he reads so that he himself can hear it and recites benedictions before and after. 163 " 162

It will be confirmed in the next

Halakhah

t h a t even R e b b i Y e h u d a h

everybody in the Yerushalmi. 163

The Babli (Berakhot 22a) quotes

agrees that a f t e r an emission one may

a p a r a l l e l but d i f f e r e n t baraita

not recite unless he washed first. So

which the position of "the Sages" is in

this

the name of R. Yehudah.

statement

WN1

toaw

is a g r e e d

to

by

l i n o ì ο>» ν?)? n j w n itoy

>!> c p i - i n r u s w s h n ύ > Ν ì n y i

toaw

in

n > i n >-ιρ ϊ χ ι >?ri

-»no ο η ΐ Ν ψ o ? o p i t o

,OÌp)3~^3)? D N p D>V3-)N "lOÍN ìTTV >3*ί .HNO 0 > y a * ) N }

ini "TV " l ^ l í n

It is stated (Tosephta Berakhot 2:12): "A sick person who had qeri on whom fell nine qab164 of water (and a pure one on whose head and body fell three log of drawn water) 165 is clean for himself but he cannot lead the public in their obligations until he immersed himself in 40 seah. Rebbi Yehudah says, 40 seah in all cases166." One qab equals 4 log, one log is

is 6 qab or about 3.38 gallons, so 40

.533 liter or .164 gallons, so that a qab

164

seäh equal about 135.2 gallons or 512

equals a p p r o x i m a t e l y .563 gallons, 9

liter.

qab about 5.07 U. S. gallons. One seäh

corresponds to the sextarius,

In Roman m e a s u r e s , t h e log and the

297

HALAKHAH 4 seäh to the urna.

That makes 40 seah

that washing after immersion resurrects

equal to a Roman cuileus.

some mild form of ritual impurity.

165

166

T h e p a r e n t h e s i s is not in t h e

This

translation

is

not

Tosephta or in the quote in the Babli

guaranteed. The Babli (loc. cit.) takes

22b, and

the s t a t e m e n t of Rebbi Y e h u d a h to

does not belong here.

The

impurity of the man with emission is

m e a n t h a t he r e q u i r e s t h e

stated

Biblical (Lev. 15:16) but the prohibition

amount of water but not that it should

of studying Torah and speaking sacred

be in a miqweh that satisfies all rules.

words is from the institutions of Ezra, i.

However, as Levi Ginzbcrg points out,

e., it is p r e - r a b b i n i c .

On t h e o t h e r

that requires the expression Dip» Vs3

hand, the impurity of a person washing

which is found in manuscripts of t h e

himself with d r a w n w a t e r a f t e r an

Babli; it r e p r e s e n t s t h e

immersion in a miqweh

opinion in the Babli.

"18

ordinances"

belongs to the

passed

by

the

majority

The idiomatic

t r a n s l a t i o n of mpn Van is "in e v e r y

a d h e r e n t s of t h e house of Shammai

case", including the sick person.

b e f o r e the Jewish revolt against t h e

Yehudah then is more restrictive than

Romans and is purely r a b b i n i c a l .

It

the other sages if water is available,

was passed because most miqwaöt were

and this may be the m e a n i n g of t h e

not built but w e r e w a t e r h o l e s in

Yerushalmi.

natural caves that were

naturally

genuinely part of this baraita, then the

muddy and people had the tendency to

latter interpretation is the only possible

wash off the mud a f t e r they emerged

one since an i m p u r i t y i m p o s e d

from the miqweh.

enforce immersion in a genuine miqweh

The rabbis of the

R.

If t h e p a r e n t h e s i s is

time were a f r a i d that in time washing

can be r e m o v e d only by such

would supersede immersion as (illegal)

immersion.

to

an

means of purification, so they decreed

ν>>>?ψπο n ì y n i ? in'o w a

"Pío

">t> 1?

o t o q ? n i í o i a ^ ü ni* d n i t

O V 1Ρ3ΓΙ 1>3ΓΙ .-ΙΠΝ - 0 7 0 ^οψη;» ji>>Ì

> : n o w ? NO> >3-» ΝΠΝ Ί ? n p y ?

.oniîpsn o v i

H ï y >-»(? V N l o w

ION ι ο ι π an

V"!>?N ' P V >3"!") D3V rD>ç·) n y n n a i n»Jiy)i îD-ns

p n p >>V3 ^

13 V y n r v >3-)7 >i> i ? y w i n ?

m

,n\f»nn

.ΓΙψΝ» ΊΙΟΝ o n i î p s n ^ÎO

n\?>nn

n j > > ? Ν*τη

298

CHAPTER THREE

>3rim

oi>

ΓΡΝ .0>Ί13>3Π O í ' ? ^

ìji\?>o v m m

^

">îi3 .η\?·>»η \y>»y)rip

ÍJ1ÍN Ι Ν Ί ψ

1?

.coiwa will?

Πψ^Ο iniN ϊ χ

τβ

Rebbi Jacob bar Aha, Rebbi Yasa in the name of Rebbi Joshua ben Levi: Qeri is only from sexual intercourse. Ra ν Huna said, even if he saw himself enjoying in his dream. They wanted to say, only f r o m a woman. Rebbi Jonah and Rebbi Yose, both of them say, even from something else. There (Mishnah Yoma 8:1) we have stated: Eating, drinking, washing, anointing, wearing shoes, and sexual intercourse are forbidden on Yom Kippur.

And it was stated in that respect: Men with qeri 167

themselves secretly in their normal way on Yom Kippur .

immerse

Does this not

contradict Rebbi Joshua ben Levi since Rebbi Joshua ben Levi says,

qeri

is only from sexual intercourse? Explain it if he had intercourse on the previous day and forgot and did not immerse himself. But it is stated: It happened that Rebbi Yose ben Halaphta was seen immersing himself secretly on Yom Kippur.

Can you say about that holy body that he

forgot 1 6 8 ? 167

In Tosephta Kippurim

4:5 and

a Babylonian formulation. (The entire

Babli Yoma 88a the reading is: Men

paragraph is also found in Yerushalmi

with qeri immerse themselves normally

Yoma 8:1).

on Yom Kippur;

168

one speaks of a full

Hence, the interpretation of Rav

immersion and "in s e c r e t " is not

Huna is incorrect and that of Rebbis

mentioned. The Tosephta seems to be

Yose (the Amora) and Jonah is correct.

ΝΊ?Ψ ηϊη

riN : tn η ^ ι υ η rus w p r i n ΗΪ i ^ i r ^ TON "O npv? -ΤΊίη n>iv) ino>>? yyn^jp i ^ n p > i i ; n r p ì w n y p ν η ?

Rebbi Jacob bar Abun said: This immersion has only been enacted so that Jews should not be like chickens, that one would have sex: mount, descend, and eat 1 6 9 .

299

HALAKHAH 4 169

This means that sexual relations

should be s t r i p p e d of t h e i r nature

as m u c h

animal

as p o s s i b l e ;

the

sanctification of marital duties applies to all Jews. T h e parallel in the Babli (Berakhot

22a, in the name of R. Yose

bar A b u n ) reads: "so t h a t

scholars

everybody and requires a miqweh,

kosher

in t h e Babli it is n e c e s s a r y

only f o r study and may be d o n e by washing. R. Jacob bar Abun was a Galilean Amora

of

the

third

generation,

colleague of R. Jeremiah.

should not be found near their wives

There is no hint a n y w h e r e that one

like roosters." One may conclude that

is forbidden to eat after intercourse or

there

differences

before immersion; the expression here

are

two main

Babylonian

is just a g r a p h i c e x p r e s s i o n of t h e

practice: In the Yerushalmi, the duty

b e t w e e n G a l i l e a n and

behavior of cocks (commentary of Levi

of i m m e r s i o n a p p l i e s u n i f o r m l y to

Ginzberg).

Ji^nv

n o -içço N j ^ n ì ? ? v p i o n

N p i y n>>

i n o -içn m n

»inn

">3V

n

ì3

^

ν ' Π Π } ,η^πη -pin» n a T3V!

Rebbi Hanina passed by the gates of public baths

170

before dawn and

said: What are those who have to immerse themselves in the morning doing here? They should go and study Mishnah! In the morning he said: He who has to do it shall go and do it. 170

G r e e k δ η μ ό σ ι ο ς , α , ov, a d j .

"public",

here

(and,

with

hence, to pray) but not to study where

The public baths

the Divine name is seldom mentioned

certainly w e r e not open b e f o r e dawn

and, if m e n t i o n e d at all, only by

and Rebbi Hanina o r d e r s t h e p e o p l e

paraphrase. On the other hand, when

there not to waste t h e i r time but to

morning

study T o r a h ( b e i n g f r o m t h e f i r s t

morning prayers, he told those that had

Amora generation, he said "to study

intercourse

Mishnah") since t h e

themselves before praying.

β α λ α ν ε ΐ α "baths".

understood

pronounce the Divine name

interpretation

given later to qeri only hinders one to

came

to

and

go

the

and

time

for

immerse

300

CHAPTER THREE

>37 I O N . N Ü N -IKSN NTN LIYPW "»A

,ΊΒΊΟ I ) ? N N»PW .NODN Τ Ν Ι Ι ->N-)N!? INN .Η>ΙΗ>3? INN >> ΤΝΗΨ N Y P N I P - ^ S N7>>RÇ .IWRPAP LARI OV I N I \ ? 7 Ν>ΨΡ Ν Ί ΐ Υ NÌÌIO-ÌO

What are the rules about thinking 171 in the toilet? Hizqiah said it is permitted; Rebbi Yasa said it is forbidden. Rebbi Zeïra said, all difficult arguments that I had became clear to me there.

Rebbi Eleazar bar

Simeon 172 said, the entire difficult subject of tëbûl yöm became clear to me there. 171

About Torah subjects.

While

detailed in Babli Zebahim

102b.

In

this p a r a g r a p h seems to be somewhat

Babylonia (Babli Berakhot

out of p l a c e h e r e , it is i n t r o d u c e d

accepted by everybody that t h i n k i n g

because of the later discussion of the

a b o u t T o r a h s u b j e c t s in a t o i l e t is

status of a man with qeri in the study

forbidden except if the person cannot

of Torah subjects.

help doing it. In Galilee the practical

172

rule was to allow it.

T h e son of Rebbi Simeon bar

Yohai.

His d i f f i c u l t a r g u m e n t

24b) it was

is

nipyb wp>3 η> i? yyyirp >3-» >loi>3 N»N >37 >3 oirun 0^3 ΝΠΝ »an >37 "IRÙ -ION .NRSN >3310 N N P Y ?

>3?)? NRNN N'JUVPN ΓΙΝ

- > I P I £ C P W P I P D I I N R N N Y N 1 » ^ N I Y P MS ">7Ύ ΝΊΠΨ * M >)> 13 PP*N>

TIW ΠΡΟΊ? -»ow3 NYYN RNRIYN yo

Vayni l>73iyn n^V

in p>N Dipo

FR Π Ί Ο Ν Λ 3 7 ^Ψ IJINAW OY

it> m τ»: Nir

pptvb

. :M- NONID N > ) RÖτ -IÖN τ ·· - r

NIN NÇRI? OY

^mw

"»7« INI? .INI*

ιηψ *tü

Ν3Ψ "RNIO ΗΨ^Η

.riînio ν ν ΝΊΓΙ

Ψ

γι^ν ov

R N N Y N N!?\P3I

>J>N J Tν? .I Ì O ^

I»N ON ' N V E V N!?! ,J1)3V

Rebbi Aha in the name of Tanhum ben Rebbi Hiyya: In the days of Rebbi Joshua ben Levi they wanted to abolish this immersion because of the Galilean women who became sterile 173 because of the cold.

Rebbi

Joshua ben L e v i told them: D o y o u want to uproot s o m e t h i n g that f e n c e s Israel o f f f r o m sin? W h a t means: F e n c e s Israel o f f f r o m sin? It happened that a w a t c h m a n of v i n y a r d s w a n t e d t o h a v e an affair with a married w o m a n .

B y the t i m e

they w e r e preparing a place w h e r e they could i m m e r s e

themselves,

passers-by c a m e by and t h e sin w a s not c o m m i t t e d 1 7 4 . It h a p p e n e d that s o m e o n e w a n t e d t o h a v e an a f f a i r w i t h Rebbi's s l a v e girl. She said t o him: immerse myself175.

If m y mistress d o e s not i m m e r s e h e r s e l f , I d o not

H e said to her: A r e y o u not l i k e an a n i m a l 1 7 6 ?

She

said t o him: Did y o u not hear that o n e w h o has relations w i t h an a n i m a l will be stoned, as it is said (Ex. 22:18): " A n y o n e lying with an animal shall certainly be executed." 173

Since in Galilee the immersion

it is stated explicitly at the end of this

was required f o r everybody, not only

halakhah

for Torah study as in Babylonia, it also

for this immersion.]

applied to women. In winter in upper

175

Galilee, water sometimes f r e e z e s and

woman s h e d o e s not f r e q u e n t t h e

all miqwaöt w e r e cold-water

miqwaöf,

miqweh and, therefore, cannot have sex

in a parallel in Babli Berakhot 22a, Rav

with any man. The slave girl was quite

Huna notes that instead of a

famous for speaking b e t t e r classical

miqweh

that a miqweh

Meaning that as an u n m a r r i e d

one could use a hot bath in Babylonia.

Hebrew than the rabbis.

174

186

A parallel in Babli Berakhot 22a

is explicitly designated as a

baraita,

was not used

The

argument

perfectly clear.

here

is

not

T h e r e is a verse in

and

Ezechiel 23:20, s p e a k i n g a b o u t t h e

applying the need f o r immersion only

heathen, "for the flesh of d o n k e y s is

to the man. [Levi Ginzberg conjectures

their flesh and the semen of horses is

that t h e w a t c h m a n was a b a c h e l o r ;

their semen" (where "flesh" as human

hence, he could not use t h e p u b l i c

limb here and e l s e w h e r e means t h e

miqweh

eve)

penis, the only boneless limb), but that

without drawing public attention to his

speaks only about males and, in any

unmarried sexual activities.

case, the slave in a Jewish household is

dating from Mishnaic times,

(except

on

holiday

However,

302

CHAPTER THREE

a semi-Jew, b e c o m i n g a f u l l Jew on

he is missing t h e e s s e n t i a l

manumission without any formality of

q u a l i t y of h a v i n g to m a r r y .

conversion.

m a k e s q u e s t i o n a b l e h u m a n s o u t of

Hence, no verse applying

to heathen is a p p r o p r i a t e h e r e .

human That

The

adults who a r e b a c h e l o r s by choice.

real reason seems to be the command

[The sex life of slaves is not discussed

given to Adam that "a man shall leave

in t h e Y e r u s h a l m i .

his father and his mother and stick to

(Niddah

his wife" (Gen. 2:24); since a slave is

may have sex with anybody except a

not legally able to contract a marriage,

Jew (and a married Gentile woman).]

>3?n N ^

ιΟ

JiNtn n b n o o nis

flV^S"!

ι

Babli

47a) it is stated that slaves

n i l - o N » n >3-1 I Ç N

N i n η κ *i3jì» ί ο η ψ

Γ Ο ί ν ή M lτ N Ì D - I Ì O Nτ *ìOÌN DT1NW τ - ν

In t h e

to ÏÏÎDOÎ

Π Β Ν ONIÍ> τ

.-»ΙΟΝ τ η ϊ η η : π y i n y }

."noim

D 3ν W 1: N U τ ion

O I: Sτ

,ÍD-»Í>I-Í7D

Rebbi H i y y a bar A b b a 1 7 7 said: T h e y ordered this i m m e r s i o n essentially o n l y f o r study. For if y o u tell him that h e is permitted, he is g o i n g t o say: "I shall g o , s a t i s f y m y n e e d s , and t h e n c o m e and s t u d y w h a t is needed," but s i n c e y o u s a y that it is f o r b i d d e n , h e w i l l c o m e and s t u d y all h e n e e d s 1 7 8 . T h e r e 1 8 0 they said it is e v e n forbidden to hear w o r d s of Torah.

in

the

Babylonian quotes here the Babylonian

Y e r u s h a l m i means B a b y l o n i a .

The

tradition

is

ruling is not mentioned in t h e Babli

appropriate only for Torah scholars, in

explicitly but there is a parallel to the

contrast to the Galilean practice shown

statement attributed to Rebbi Eleazar,

be the p r e c e d i n g and t h e f o l l o w i n g

and a statement by the 10th c e n t u r y

examples that the unlearned w e r e the

Rav Hai Gaon (Ozar Hageonim

most ardent practitioners of the ritual.

khot p. 56), that in his time scholars in

178

Babylonia did not pray until they had

177

Rebbi Hiyya bar Abba

that

this

immersion

the

Not having sex in those nights

where study starts before dawn, i. e., all week except Friday night.

179

Any

^nn

"there"

cleansed themselves by washing.

Bera-

303

HALAKHAH 4 vm η^ηηι

o w n ΝΠΝ >?-) υ υ > ρ -13 r n v >?-> I Ç N . η φ κ ΪΗ w a n í w

oi>3

Rebbi Judah bar Titus 1 8 0 , Rebbi A h a in the n a m e Rebbi Eliezer: as at the start (Ex.

19:11) "They shall be prepared o n the third d a y , d o n o t

approach a woman 1 8 1 ." A Galilean Amora f r o m Cae-

Yerushalmi Sabbat 9:3, fol. 11c) that a

sarea Philippi, of the fourth generation.

separation of three days was needed

181

T h e impurity of qeri for the

only for the women since a woman may

study of T o r a h is d e r i v e d f r o m the

lose live sperm from her body up to

theophany at Sinai where the Israelites

three days after intercourse. For men a

p u r i f i e d themselves for t h r e e days

simple immersion in water the next day

from any impurity caused by marital

would be enough.

relations.

women were included by Divine decree

180

This gives support to the

This proves that

opinion stated earlier by R. Joshua ben

among the original r e c i p i e n t s and

Levi that the impurity of qeri is only

students of the Torah; the inclusion of

caused by sexual intercourse.

The

women in the Tosephta quoted in the

T a l m u d n o t e s (Babli Sabbat

86a,

next paragraph is intentional.

.nvttiT) n i t r i i v r n o

r n i n ? v " P P ηί"τ>1>ι JIVP?

n u n

roivy ύ > Ν ) η ί Λ η n ^ w >3-1 o w ? ΝΠΝ Ί 3 N I N >α-» . ^ Ì D ? I I P N n ¡ ? !?}oi ny

"Τ3>3ΐ

ή η ί ρ >}>3

naiv) .T1V-I3W

>3*1 -VN

"»3$

·η>3ί

Π>ί?-|>3 ·)ία

wnn?

It is s t a t e d

:

.ηνηη ΓΡΝ

DV >3

.ΓΰΥ>Βη

ΓΡ> ΗΌ·> >3Ί

r)'î?-)>û π η ? η>)?ο} >3-» o y o ^ a I O N "is Ν»ΓΪ .*T>3i»

182

>3*i OW?

Ν τ η ν ΓΡ> π > Ν 7 n o Ί Ο

"Males and f e m a l e s with d i s c h a r g e s 1 8 3 , m e n s t r u a t i n g

w o m e n , and w o m e n h a v i n g g i v e n b i r t h 1 8 4 read in the Torah and study midrash185,

p r a c t i c a l rules, and h o m i l e t i c s ; t h e p e r s o n w i t h qeri

forbidden all these."

Rebbi A b b a bar Aha in the n a m e of R e b b i

186

is

: He

m a y study practical rules 1 8 7 but not homiletics. It is stated in the n a m e of

304

CHAPTER THREE

Rebbi Yose: H e m a y repeat k n o w n rules but he m a y n o t e x p o u n d 1 8 8 t h e Mishnah. Name

189

.

S o m e w a n t t o say, o n l y that h e m a y n o t m e n t i o n t h e D i v i n e R e b b i Z e i r a a s k e d b e f o r e R e b b i Yasa:

Did m y teacher not

prepare his lecture t o g e t h e r with Rebbi A b u n in t h e night?

H e said, y e s .

Rebbi H i y y a bar A b b a p r e p a r e d his l e c t u r e t o g e t h e r w i t h his s o n R e b b i N e h e m i a h in t h e night. T h e next m o r n i n g he said, a n y b o d y w h o has t o d o should g o and d o it 1 9 0 .

182

Tosephta Berakhot

2:12. In the

parallel in t h e Babli, Berakhot only males are in the list. T h e

22a, bardita

in t h e B a b l i is a B a b y l o n i a n

for-

not independent thinking; in contrast to the construction of sermons which a r e s u p p o s e d to b e o r i g i n a l w i t h preacher.

the

In this respect, the rule of

mulation of material a s c r i b e d to t h e

Rab would coincide with that given in

students of Rebbi Aqiba.

the name of Rebbi Yose (the Tanna) in

183

the next sentence.

From their genitals, t h e male

zab s u f f e r i n g f r o m g o n o r r h e a

and

188

Going into the d e t a i l s

and

similar diseases, the f e m a l e bleeding

general rules b e h i n d t h e s i m p l e ca-

other than menstruating, see

suistic statements of the Mishnah; that

Lev.

Chapter 15. 184

requires individual mental effort.

W h o s e basic i m p u r i t y is o n e

189

This is a problem only in prayer,

week a f t e r having a son, two w e e k s

not in study w h e r e the Name is never

after having a daughter; Lev. 12:1-8.

pronounced even in q u o t e s f r o m t h e

185

Bible.

This is the derivation of prac-

tical rules from the Biblical text, as in

190

the Midrëshê

here are originally Babylonians, but

Häläkhäh to the last four

Note that all Amoraïm involved

books of the Pentateuch.

this may be a coincidence. The point

186

Since Rebbi Abba bar Aha was

seems to be that in t h e night, when

a student of R a b in Babylonia, it is

immersion is dangerous, the position of

probable that the abbreviation Ί found

a baäl qeri is the same as one who is at

in manuscripts and p r i n t s should be

a p l a c e w i t h no w a t e r .

read mst, a common title given to Rab

sources do not discuss the position of

in the Yerushalmi.

Torah study at a place without water, it

187

seems f r o m here and the story about

Which need only memorization,

While the

305

HALAKHAH 4 Rebbi Yose in the paragraph following

study Torah during the night and

the next that in the night one never

immerse themselves in the morning

goes for the immersion required and

before prayers.

that, therefore, all involved here may

!?>ηηη

i)>?

m T i n a ™">t?> Tjayy τ η κ ?

q n a i ! n>isj"| q>a n r i ? n v r i ? 13 η·ηη> i n n i>î>n?i ΝΠΝ - α a p v ? >2n -»ny

n^B

n>> -ÎÇN .na OMpsp

. π κ ρ ί ο v>?î?)? n n l n n ? ?

n v r i ? l a n i i n > > a - p i o*i?n >!<>?? η»ψΝ> > 3 ΐ ? ι « η J1>WN"Î VN ION 'NJ^N II'M

*V?IN

Ν3ΓΙ7 « Π Jl>WtO?

."l?nj7

> 3 7 >2117 D > N > ? ? N»V)N> > 3 1 ?

>0*} N^N

WN

>>V33 n v r i ? I ? r m n > > 3 7 3 .*T> n ^ a o a 1 * 7 0 " ! nniyyn n u n Ν ΐ ^ ' Ψ F Ü N ^ n ,ΠΝ>?ιυ v>3(?>3 n-jiri

γη i o í n n*)>ri? 13 m i n ?

l11")!?

It happened that someone was reading the Torah in Nsebin 191 ; when he came to the Divine Name he started to stutter.

Rebbi Yehudah ben

Bathyra told him: Open your mouth and let your words shine because words of the Torah cannot receive impurity. Rebbi Jacob bar Aha said:

There they act following Rebbi II lai

regarding the first shearing 1 9 2 , following Rebbi Josiah 1 9 3 regarding kilaim194

in the vineyard, and following Rebbi Yehudah ben Bathyra

regarding people with qeri.

Following Rebbi Illai regarding the first

shearing, as we have stated: "Rebbi Illai said: The first shearing applies only in the Land." Following Rebbi Josiah regarding kilaim as it is stated: "One is never guilty unless one sowed wheat, barley, and grape kernels falling f r o m the same hand."

Following Rebbi Yehudah ben Bathyra

regarding people with qeri as it is stated: "Rebbi Yehudah ben Bathyra says, words of the Torah cannot receive impurity."

306 191

CHAPTER THREE Nisibis, a t o w n in n o r t h e r n

"people follow these three", in t h e

Mesopotamia, today on t h e b o r d e r

name of Rav Nahman bar Isaac, a

between Syria and Turkey, known as

Babylonian contemporary of R. Jacob

seat of the family Ben Bathyra from at

bar Aha.

least the start of the Common Era. The

193

authority quoted here is R. Yehuda ben

student of R. Ismael, from the town of

Bathyra II, a student of R. Aqiba. The

Huzal in Babylonia, a contemporary of

Tanna of the fourth generation,

reader was reading the Torah in the

R. Yehuda ben Bathyra II.

synagogue. In the parallel in the Babli

traditions are f r o m the school of R.

(Berakhot 22a), the reason is given that

Ismael.

All his

God's word is compared to fire and fire

194

cannot become impure.

sowing several species together.

192

It has to be given to the Cohen,

special rules for kilaim in a vineyard

Deut. 18:4. While it is not spelled out

are based on Deut. 22:9: "Do not sow

in t h e P e n t a t e u c h t h a t this is an

your vineyard kilaim".

obligation only on s h e e p owners in

vineyard is not sown but planted; R.

Israel, "there" in Babylonia one did not

Josiah t h e r e f o r e r e s t r i c t s t h e pro-

give first shearings to the Cohen. The

hibition to the case w h e r e even the

entire statement is quoted in the Babli

vines are grown from seeds sown, not

(Berakhot

planted one by one in separate places.

22a) in the f o r m u l a t i o n

n n ·n· :a- • 'ïï^n» · · - : p o r i tö -iççf ρ

ν - τi nτ n m τ m » w

η>> ί ) ? ν

i!?>3Çji ·>ηρ>>?>

ν^Ί l o r n Ninn iiin»

τ · ;- -

The prohibition of planting or The

Usually, a

n oτ o: os > n i > ··d n mτn· : N nτ as! ?" n - a > o v τ

,>ηοο n*uj w n n d o n ; n>> y & y

ν ι π π γρ> - ι ώ ν ,n>w n > ? *m ty ι ι ψ κ p i m > 3 y ? n>> n ç y η>? rmn p)

,pio>

Rebbi Y o s e bar Halaphta c a m e o n a f o o t p a t h 1 9 5 in t h e n i g h t and a d o n k e y driver was walking after him along a ditch. H e said to him: This m a n must wash. H e said to him: D o not imperil yourself. H e said t o him: This m a n must wash because of a menstruating, married w o m a n . E v e n s o he said to him: D o not imperil yourself. Since he did not listen to h i m he said: May this m a n descend and not ascend. And that happened to him.

307

HALAKHAH 4 195

uneducated with which one could wash

Latin semita (the Rome ms. has

κυηο'κ, strata "a paved [street].")

off even adultery with a menstruating

This

story belongs to the discussion of the

women, combining a capital crime with

paragraph b e f o r e the last and shows

one punishable by extirpation.

that in t h e minds of t h e p e o p l e t h e

the story supports Rebbi Yehudah ben

o r i g i n a l i n t e n t i o n of t h e o r d i n a n c e

Bathyra who negates the importance of

requiring washing was inverted, t h a t

the ritual even for public r e a d i n g of

instead of "fencing off Israel from sin"

the Torah, not only for Torah study.

Hence,

it became a ritual in the minds of the

nirvn

r p p - u i \ ? î ? *τη N ç n

-ION

.Nvya

-«oís

Minn

iiorn iva

ΊΟΝ

.>riy) η>> I O N

Ninn> ΊΙΟΝ ΙΟΠ D I ?

>ΓΙΝ ΠΊΠ

i?

1?Ρϊι ^

-»©Ν

,>riy)>p

V?? X^N

ν ί ι ι ΝΙΠΠ ïï}

>ητρηι >ON

}1?T\ Π>>

· > η ρ π M n y ψ n > DI!?? Dü\p>n> Í O ? ? Rebbi Y o s e ben Y o s e 1 9 6 c a m e o n a ship. H e s a w o n e w h o w a s t y i n g a rope around himself in order to d e s c e n d 1 9 7 and wash. H e said t o him: D o not e n d a n g e r y o u r life. H e said t o him: This o n e needs to eat. H e said t o him: eat!

This m a n n e e d s to drink.

H e said t o him: drink!

c a m e t o t h e h a r b o r 1 9 8 , h e said t o h i m :

When they

T h e r e 1 9 9 I p e r m i t t e d it o n l y

b e c a u s e of danger t o y o u r life but h e r e this m a n m a y not t a s t e a n y t h i n g b e f o r e he washes. 196

One of the last Galilean Amo-

München 1996, p. xviii).

raim.

It is not known w h e t h e r he is

197

From the ship to the ocean in

identical w i t h t h e poet of the same

order to wash. This story makes clear

name, the first of the synagogal poets

that the washing a f t e r sexual inter-

known by name; n e i t h e r is it c l e a r

course was general practice in Israel

whether his name indicates that he was

down to the time of e d i t i o n of t h e

a p o s t h u m o u s c h i l d ( c f . E. and H.

J e r u s a l e m Talmud.

Guggenheimer, Etymologisches

Lexikon

generations a f t e r the preceding story.

Saur,

It negates t h e n e g a t i v e moral impli·

der jüdischen

Familiennamen,

Its t i m e is six

308

HALAKHAH 5

cations of the p r e c e d i n g s t o r y but

was not that one may not eat b e f o r e

r e t a i n s its e m p h a s i s on

washing but that one is not allowed to

avoiding

life-threatening situations.

pronounce the Divine Name

and,

198

Greek λιμην.

t h e r e f o r e , is u n a b l e to u t t e r

the

199

On the high seas. The problem

benedictions before eating.

tjnïfç na -ppoçn-in')

.na V T P n ç i πα

! m \ ? > n a vi>>PDJ?ì ν ^ κ ψ

>an

> n a i>>>p)p

. n a i o ? o>o>

Rebbi Yannai 2 0 0 said: I heard that some take it lightly and some are stringent and every one who is stringent lives a long, good life. Some take it lightly by washing in drawn water; some are stringent to immerse themselves in running water. Rebbi Yannai, f r o m the first

parallel in the Babli (Berakhot 22a) has

generation of Amorai'm, makes it clear

200

only the first part of the statement and

that essentially nobody uses the miqweh

no hint of

for the immersion of qeri\ either one

Running water is r e q u i r e d f o r t h e

uses a regular bath or a running stream

cleansing of the male with gonorrhea

or the sea (whose t o t a l v o l u m e is

(Lev. 15:13).

certainly greater than 40 sëa.)

n ^

p>p??

n j ? i ^ a Ν ί π ψ - o p i n ^ f l j p a i p i y n>n

NODÌP?

water.

The

N^VÏ r » a n n >(?n Ν ^ ψ

O>JNN O>«A

using r u n n i n g

riiPDjpn^ì ni!7i£

.n n j v a

ON l?ia\p>

t v

.N"ÎÎ??I O>OA NTOJP? ΊΝ^ ON") NIP?"! ΠΣ?ΠΗ

v a - | N n N i ü D p i IDO p>n"!> π » ? · )

.o?)? p i n >

tü Γηψρη

ν^ί .niöN

Mishnah 5:

If someone was standing and p r a y i n g 2 0 1 w h e n he

remembered that he had qeri, he should not stop but shorten his prayer.

302

HALAKHAH 5

If he descended to immerse himself, if he can ascend, get dressed, and recite 202 by the time of sunrise he should ascend, get dressed, and recite; otherwise, he should cover himself with water and recite.

He should

cover himself neither with stinking water nor with steeping water unless he diluted them with water. How much does one have to remove oneself from these and excrement? Four cubits. 201

The formal Amidah.

202

T h e Shema'.

The

totally impossible to pray the leniency

w h i l e i m m e r s e d in t h e w a t e r

mentioned here is not only if otherwise

therefore, one cannot

the time f o r Shema'

follow the practice

would pass but

even for the usage of the very religious

Amidah and,

completely of

the

very

religious.

(Chapter 1, Note 155) even though it is

."»>NO , î m o > o>p

V 5 > Í5>3 Í73N 0 > 3 * ! 5 NJVXTH? p>p?n

w a

. ρ > υ ? η Niny) >-ho r m n >

IN

to'ON

:71 n s S f l

rmrp

o >5 to ΓΛ ON

»a-p I M

Halakhah 5: The Mishnah refers to someone in public, but if he is alone he interrupts following Rebbi Meir 2 0 3 .

But following Rebbi

Yehudah he does not interrupt even when alone, on condition that he have no water to immerse himself.

But if he has water to immerse

himself even Rebbi Yehudah agrees that he must interrupt.

203

Since Mishnah 4 stated that he

to represent the ideas of Rebbi Meïr

may not p r o n o u n c e any b e n e d i c t i o n

since the letter's c o l l e c t i o n was the

and the Amidah

is composed of bene-

basis of Rebbi's edition of the Mishnah.

dictions, it is c l e a r t h a t Mishnah 4

To avoid two contradicting Mishnayot,

forbids formal praying. Both Mishnah

it is spelled out h e r e that the public

4 and Mishnah 5 a r e anonymous; an

embarrassment that would be caused

anonymous Mishnah is always supposed

by the rule of Mishnah 4 has to be

310

CHAPTER THREE

avoided, see

Halakhah 1, note 119.

Mishnah 4.

The opinion of R. Yehudah is given in

on·;

nio'l Imp? Π3 V ?

tjn*

o*ia n î d o n ' O N

- i ç n ìji\2»>? w o w

">3 N 3 N v n o w n >an >η-ι

N>-ia

.ν1?)) " ρ η η υ η V N t r t i N a

^VV»*)

nyyjji îp"!*

r£in

P0nv>2

. v ^ v n n p e Ví< ttñNI? n > i n

W

.riNp o>V3-jï<

A b o u t a sick p e r s o n w h o had intercourse, Rebbi A m m i said:

If h e

caused it by himself, let him immerse himself and d i e 2 0 4 ; if it w a s f o r c e d upon him o n e does not bother him 2 0 5 . Rebbi Haggai in the n a m e of Rebbi A b b a bar Zavda: One does not bother him in any case. w h o does it h a b i t u a l l y 2 0 7 n e e d s nine qab, habitually needs 4 0 sëah.

A sick p e r s o n 2 0 6

a h e a l t h y person w h o d o e s it

A sick person forced, o n e does not b o t h e r him.

A healthy person forced needs nine qab. 204 Obviously, that is an exaggeracannot say that one speaks of a sick tion since it was shown e a r l i e r that

man fulfilling his marital duties even if

even an adulterer should not expose

it hurts him since in that case he is f r e e

himself to d a n g e r b e c a u s e of this

f r o m these duties.

immersion; it means simply: let him be

seduced by his wife, there is really no

inconvenienced.

intercourse against one's will.

205

one has to conclude that all authorities

It is d i f f i c u l t to k n o w w h a t

" f o r c e d i n t e r c o u r s e " means.

Any

Even if he was

Hence,

here decide that involuntary emissions

possible interpretation depends on the

require immersion in water.

problem discussed in the p r e c e d i n g

206

This second paragraph clearly is

qeri comes only

independent of the previous statements

f r o m i n t e r c o u r s e or also f r o m in-

since it contradicts them. It represents

voluntary emissions. If the second case

the consensus of the e d i t o r s of the

is accepted, "forced" does not speak of

Yerushalmi.

intercourse but only of involuntary

Babli (Berakhot 22b), Rava reports that

emissions.

any V'nn needs 40 seah.

Halakhah, w h e t h e r

In the second case, one

In the p a r a l l e l of the

Since the

311

HALAKHAH 5 immersion

was

not

practiced

in

be: "he causes it to be usual". However,

B a b y l o n i a , this statement is p u r e l y

such a translation would require three

historical or theoretical; the difference

categories: 1) one who runs a f t e r sex,

between Babylonia and Israel was in

2) a normal person, 3) a sick person.

the essence of this immersion and not

Since

in little details.

mentioned w h e r e one would e x p e c t

207

three, Rashi's explanation is the only

In the Babli ( 2 2 a ) , Rashi ex-

plains V'jna by: "he draws

qeri

upon

himself by having i n t e r c o u r s e . "

A

only

two

categories

are

consistent one e v e n if it d o e s not explain the particular verb form.

strictly grammatical explanation would

fiirüoV

(foi. 6d) r o v r n ο ν ή m * - α npy?

o I N nìd o n

n n ? n m ç >31

η!?Ί>η baio") * η . ί η viοψ ni* ΝΊήρ rrç η η •pirn

pirn

iriíN w y o » i w ?

Rebbi Zevadiah, the son of Rebbi Jacob bar Zavdi, in the name of Rebbi Jonah: In a city whose well is far away, he may recite the

Shema\

then descends and immerses himself, ascends and prays. If he is blind 2 0 8 they made him like a far-away well. 208

This translation is not given by

pious one and it is unimaginable that a

any commentator. Usually, D'ion means

pious man should claim f o r himself

"definite, outstanding", from the verbal

exemption from some religious duty.

root swm, but this makes no sense here.

Hence, the derivation from the root sm'

In o t h e r

"to blind", in t h e p a s s i v e

Talmudic

passages

"an

outstanding man" means a particularly

.-»ION

be

blinded", makes much more sense.

^INl V I Ì D V ? NJVJJpÇ .ÍOpv) 0>Ö3 "toy?

New Section.

"to

INÎ? ON) .NptJfi Í>ÍD> ΝίΠ ON)

Otherwise, he should cover himself with water and

recite." 209 The Mishnah deals with opaque water, but in clear water it is forbidden 210 . And if he is able to make it opaque by stirring with his feet he may make it opaque.

312

CHAPTER THREE

209

Quote from the Mishnah.

tradition is given in Babli

210

Since prayer is f o r b i d d e n if the

25b).

genitals a r e uncovered.

(A d i f f e r e n t

j i i o N V ? I N o n } ? u n í ü o i JIÍON r j n s nn-ttpw n ^ n ? rua?)

NVW

JINÌSO? V P ' n - i o

ow? r p p v

. p m x >?N n j v j j i b i Ν ? * ? « >?·) i o n > m >1*1 η η κ

tC? ·)5>3ΓΙ ΝΠ

Berakhot

"îçn

.ni-ny> Ίίΐύ Νΐηψ

π ί Ο Ν ya-jN

ρ>ηηη> 1

p>n-j?

."ppiiD

mTw>oa

. j i î ô n V3")í< π ν ^ π ρ »

ï y r n w ' p a ON

n>>

One removes himself211 from human excrement four

It is stated:

cubits and f r o m dog's e x c r e m e n t f o u r cubits, the latter w h e n it is g i v e n o n skins212.

Rebbi Jeremiah in the n a m e of Rebbi Zeïra: O n e m u s t r e m o v e

hinself f o u r cubits f r o m a s t i n k i n g carcass.

R e b b i A v i n a said:

D o e s not

the Mishnah say all this : " H o w m u c h d o e s o n e h a v e t o r e m o v e h i m s e l f f r o m these and e x c r e m e n t ? Rebbi Shammai

213

F o u r cubits."

Rebbi A m m i in t h e n a m e of

: E x p l a i n it by s t e e p i n g w a t e r of l a u n d e r e r s .

Rebbi

M a n i 2 1 4 said t o him: A b o u t steeping waters of launderers, w e h a v e stated: "neither w i t h stinking w a t e r nor with steeping water."

211

In o r d e r to p r a y or to r e c i t e

simply does not smell good.

Antique technology of making

Berakhot

Shema'. 212

This s t a t e m e n t is f r o m T o s e p h t a 2:16; t h e Babli (25a) has a

leather f r o m skins r e q u i r e d that t h e

d i f f e r e n t baraita

skins were steeped in water containing

paragraph after the next one here.

dog's excrement for a lengthy period of

213

time.

possible since Rebbi Shammai was an

The steeping water had a

t h a t r e f e r s to t h e

The tradition of n a m e s is im-

explains

Amora of the f i f t h and last generation

that "steeping water" in the Mishnah

in Galilee; he cannot be the author of a

r e f e r s to tanner's steeping water and

tradition of a third generation Amora.

not to launderer's steeping water that

The paragraph is quoted by R. Asher

horrible smell.

This baraita

313

HALAKHAH 5 ben Yehiël (Rosh Berakhot,

Chap. 3,

Launderers' steeping w a t e r does not

#44) in the name of R e b b i Simla!

smell so badly that it would need a

(without mention of Rebbi Ammi), a

special entry in the Mishnah. He is a

p r e a c h e r and A m o r a of t h e f i r s t

c o n t e m p o r a r y of Rebbi Simla'i, not

generation.

Rebbi Ammi.

214

Rebbi Mani, Mana, the f i r s t .

va-|N v ^ y i ">ry>ißiy\ iriNisr? v v H i a 1?1 N ^ n iiiKisiïp

ννήϊο ρ κ

IVi?

un?

o w

ΠΊΏΝ

>KP)30Ì i J l N i î l O V V h Ì 3 ΠΏ >330 1Π3Ν >3") >OÍp >>>3 .J1ÍBN V3">í< Ί ^ Π

•pb d o n .Nìn ìOj? κ ^ ι n>> y n m

.riiv") ντιίηψηηψ >390 lib ->çn .vbjn.

n y ^ p .α>Γρ i n ) « » 17V r n ι ώ ν . i n i y a n v i ο ι ν π

a>ji? n ^ i

It is stated: One removes himself four cubits from excrement and urine of a toddler who can eat grain the volume of an olive 2 1 5 , but if he cannot yet eat grain the volume of an olive one does not need to remove himself four cubits either from his excrement or from his urine. before Rebbi Abbahu: excrement and urine?

They asked

Why does one separate himself f r o m his He said to them, because his thoughts are evil.

They said to him: But is not he too young?

He said to them, is it not

written {Gen. 8:21): "For the inclination of man's heart is evil from his youth?" Rebbi Yudan said, it is written "from his awakening 216 ", from the moment that the awakes and enters the world.

215

In one meal, which in the Babli

t h w j "his a w a k e n i n g s " ,

not

only

CSukkah 42b) is defined as the time a

puberty, the sexual awakening usually

grown-up can eat half a stuffed pitta.

referred to by the root "ivj but also the

The Yerushalmi does not give a time

first a w a k e n i n g of the baby during

limit.

birth. According to Rebbi Abbahu, the

216

The word v n v j , even though it

has a long vowel û, is written defective in the Bible; hence, it can be vocalized

awakening comes only when the baby is weaned.

314

CHAPTER THREE

na ί?Νΐηψ ρ

.niöN

non?

νρ>η-ια I O N Nj>in - α

>?-»

Ν 3 3 "IÇN Ν 3 Ν 13 Ν » Π >3") ."»ίΟΓΐ !?W3 ï l i O Î 0 0 * 1 3 DON pH*? 3*1

Tihóan vp>n-in ρ >?ro .nioN

">nn πΝίϋο vp>n*in -ION η > .rj-nn

V3*in ì>>ii?*irin riNiani .niöN V3"jN .0>ni7N3

jinììo?ì .jiìon i q * i n "inn

Ν31Π 3 1 DW3 "plN '3*13 >t>V >3") .ΓΙΊΟΝ

Rebbi Yose bar Hanina said: One removes himself four cubits from animal dung. Rebbi Samuel bar Rav Isaac said, if it is soft, but only from donkeys. Rebbi Hiyya bar Abba said, if it 2 1 7 arrived from a trip. Levi said, one removes himself four cubits from the excrement of a pig. And it was stated: One removes himself four cubits from the excrement of a pig 218 , four cubits from the excrement of a marten 219 , four cubits from the excrement of chickens. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: Only from red 220 ones. 217

The donkey. The statements of

219

This s t a t e m e n t is t a k e n

by

Rebbis Samuel bar Rav Isaac and Hiyya

Medieval commentators to apply also

bar Abba restrict the general statement

to excrement of cats.

of Rebbi Yose b a r H a n i n a to one

220

specific case.

understand "Edomite", but the meaning

218

"red" is p r e f e r a b l e since red chickens

In the Babli (25a), the excre-

Some commentators p r e f e r to

ment of a pig is deemed unacceptable

are mentioned in Babli Avodah

zarah

only if it is used in tanning. It seems

14b as a separate kind. All these are

that in Israel no pig e x c r e m e n t was

singled out for their obnoxious smell.

used in tanning.

ys-iN j n n n

« p o n >»N >3-1 i ç n

Ν "Τ Γ)? .ÍJIÍN Γ ΐ ί Ν Ι Ί v y y y >>>ο

i n n V~)>?n

Oipn Ί)ί

. n i o N y3-iN V I π η ρ

i>p>n*y? >35

V33> Ì73N Ί η η Ν > ΊΏΝ"| Ν Ϊ Ο

N»p™3 '»ip

ΠίΒΝ

vin N » - n n ; > n > > >3-1

0 1 3 w w p n n ι»>?η ·ρηΓ) NO)?>N nirj terçrr i p s o "pb I O N

.NnniN^ .*yiun yn:?

315

HALAKHAH 5

It is stated:

O n e removes himself f o u r cubits f r o m a bad s m e l l 2 2 1 .

Rebbi Ammi said, four cubits f r o m the end of the bad smell. That means behind his back, but in f r o n t of him until he can no longer see it.

Like

that of Rebbi Lia and his colleagues w h o w e r e sitting in f r o n t of a hostelry 2 2 2 in the night. They said, may one say words of Torah? He said to them: If it were daytime, we would see what is b e f o r e us. But 2 2 3 like that it is forbidden. 221

It is clear from the following

222

Greek

πανδοκεΐον

(also

that one talks of a source of bad smell

πανδοκίον) "inn". It is difficult to see

which can be identified and seen. In

what is so bad about a hostelry. Maybe

the Babli (25a) this is called w w m

they were sitting close to the outhouse.

m

Ίρ'ν ·Λ "a bad smell that has a material

223

source." The opinion of the Yerushalmi

not know what is missing.

corresponds

ma means either "on the other hand" or

in t h e Babli

to

the

The text is elliptic, but we do Generally,

"in addition".

minority opinion of Rav Hisda.

,Γήοκ ya-|N o ç o p>n-in> - j n s o>>? ϊ ψ ι π ν ι >v") i y "τπν η-u >ari 1 Ç N >N5Î >3"! .ÍOi?? n'y*?"! H ? i n o i

ON"! .N*ÎtÎ7>

N I D ^ D o ? n OÍJl> )τ\) n\?>nn U Ù o n · ) ί ο ρ > D'O Ji>y>a*i

-IOÌN !w>>>?a Ì ? l i y p w l?*î

"ΤΠΝ1

"»OÌN

Γ)\?>ΟΠ

ή ν ί ρ ν ) >3-1 ,Η-)ρ·>

nnri

"Ty ÌN

*ry

irò

"τη^ .τι>ν>αη ΠΟ>ΟΠ Ι Π Ν ^ ψ

*wy

l y y V>î?")V

n 'τ r»n i: i N3>3n >a-t n ..i n n tτ i ->a N τ» n· · > ·m ovio ν πτ τν n a aj?y> m . . . . . I T

to'Síf

.no>on τ · ·

i a ì i y o w > a - n ΪΠΓΟ

It is stated: One must remove himself four cubits f r o m a chamberpot, be it used for excrement or for urine 2 2 4 . If it is b e f o r e the bed, if he put some water in the pot he may recite 2 2 5 , otherwise he m a y not recite. Rebbi Zakkai 2 2 6 said, if he put a quartarius227

of water in, he may recite;

otherwise, he may not recite. How many corresponding quartariil

One

316

CHAPTER THREE c o r r e s p o n d i n g t o o n e quartarius22%,

quartarius large.

be the vessel small or

R a b b a n S i m e o n b e n G a m l i e l said, if it s t a n d s b e h i n d t h e b e d h e

m a y recite, b e f o r e the bed he m a y not recite. Rebbi S i m e o n b e n E l e a z a r said, e v e n in a dining h a l l 2 2 9 large t e n - b y - t e n 2 3 0 he m a y not recite until h e c o v e r s it u p or until he puts it under the c o u c h . t h e n a m e o f R e b b i H i y y a bar A b b a :

R e b b i J a c o b bar A h a in

Rebbi Hanina T o r t a y y a 2 3 1

ruled

f o l l o w i n g Rebbi S i m e o n ben Eleazar. 224

Since in t h e p r e c e d i n g p a r a -

229

Latin triclinium,

from Greek

graph one dealt with visible excrement,

τ ρ ι κ λ ί ν ι ο ν "dining room", a hall of

it follows that in this entire p a r a g r a p h

three dining couches arranged

we are dealing with a chamberpot used

U-shape.

at night which is empty at present but

230

still smells f r o m its p r i o r use.

gives a diagonal distance of 14 cubits,

The

in

Probably 10 by 10 cubits, which

T o s e p h t a ( B e r a k h o t 2:16) is q u i t e

taken as an example. T h e Babli (25a)

explicit: "A chamberpot with him in the

speaks of a "dining hall of 100 cubits"

house, he has to remove himself four

w h e r e "cubits" s t a n d s f o r

cubits."

cubits". [The use of "cubit" f o r "square

The

separately

Babli

with

full

(25a)

deals

and

empty

c u b i t " is f r e q u e n t in

chamberpots.

Kilaim.]

225

The Shema'.

231

Rebbi Z a k k a i the First, Tanna

birthplace,

226

"square

Yerushalmi

A student of Rebbi Yohanan; his Torta,

has

not

been

of the f i f t h generation, contemporary

identified. His decision is also quoted

of Rebbi.

in the Babli as decision of the earlier

227

A quarter of a log of .533 liter

or about 4.5 fl. oz. U.S. 228

As m u c h w a t e r

generations, later o v e r r u l e d by Rava (bar Joseph bar Hama), the leader of

as w a s

the

volume of urine or e x c r e m e n t in the

the f i f t h g e n e r a t i o n of A m o r a ï m in Babylonia.

last use.

iqiyt

. p i n ? n!?\?i>? N i m r ^ ? D N Í *

,η^ν pp-j n i í 13 npv?

op

>:n o v a

. n m i s "pon y i r ç » ìiD

-13 >
?3î ">3 I P V -

.N3?>V?> Ηψ_ i » Í O W >3"! n>> -IÇN

317

HALAKHAH 5 R e b b i B e n j a m i n b e n Y e p h e t 2 3 2 in t h e n a m e o f R e b b i Y o h a n a n : m i n u t e a m o u n t of e x c r e m e n t can be eliminated b y spit.

A

R e b b i Z e i r a and

R e b b i J a c o b bar Z a v d i w e r e sitting; t h e y s a w s o m e e x c r e m e n t .

Rebbi

Jacob bar Z a v d i g o t up and spat o n it. Rebbi Zeira said t o him: F r o m t h e sea t o the pan 2 3 3 ! 232

A student of Rebbi Yohanan.

Rebbi Zeira

(Babli

f r i e d i m m e d i a t e l y b e f o r e it s p o i l s .

Berakhot 38b, Yerushalmi Pesahim 2:5)

Most c o m m e n t a t o r s e x p l a i n t h a t R.

that R. Benjamin is not trustworthy as

Zeira declares the entire rule invalid

w i t n e s s to t h e o p i n i o n s of

since spit dries quickly and a f t e r w a r d s

Yohanan.

is on r e c o r d

"immediately", like a fish that has to be

Rebbi

His statement is quoted in

is u s e l e s s .

T h e Babli a v o i d s

the

the Babli (25b) as original Babylonian

problem by allowing only thick spit,

tradition.

probably f r o m the b r o n c h i a e , which

233

Greek τήγανον.

Qiddushin explain

Rashi (Babli

4 4 a ) a n d 'Arukh this expression

(1 p o ) to

mean:

does not evaporate. One may consider the treatment of the Babli as answer to R. Zei'ra's criticism.

n i ! ? 3 n: o- r oτ r : m γ οτ > ν ι nv>>»n >Jiiv)N"»n r oτ r: m o n a· τ o: d nτ ^·· o n > d· v« τ · - : . o > n a v ? τ η ψ ν n i a ? n o > o n κ π ^ ψ N i n i j o i n r n o w ? T>nN >?-> > ? - Η r P O ì p p a HO] >3") n i n

,n\?>sn

. r q > m v v p n\?>pri > > 3 0 !»n> Ν ^ ψ - r n > n i .njin

234

n nτ > n··

Nin?

3*115 ^Ν^οψ

A chest full o f scrolls o n e m a y put under t h e h e a d of t h e bed but

o n e m a y n o t put it under t h e f o o t e n d of t h e bed.

R e b b i A b u n in t h e

n a m e of Rebbi Huna: But only if the bed is 10 h a n d - b r e a d t h s 2 3 5 high, and o n l y if the ropes of the bed d o not touch the chest. Rebbi Yasa taught t h e ruling of Rebbi H u n a in the t o w n of Rebbi Samuel bar Rav Isaac. 234

A f t e r discussing w h a t may or

in one's room, first under the bed and

may not be put under one's bed, one

then in the room.

continues with the case of holy scrolls

235

A tefah ( h a n d - b r e a d t h ) is one-

318

CHAPTER THREE

sixth of a cubit. The basic information

Mishnah Kelim 17:11 which reports an

o n e h a s a b o u t l e n g t h is t h a t

the

opinion that fluid measures are Roman.

distance one may travel from a town on

The Babli (Pesahim 109 a/b) defines 40

Sabbath is one mil or 2000 cubits. If

seah as three cubic cubits. By the data

the mil is taken to be the traditional

quoted in note 164, the cubit would be

1111m = 3648 feet then a cubit is 1.824

55.47 cm and the tefah 9.25 cm or 3.64

ft and a tefah is 3.65 inches. (If the mil

in.

is taken to be an unlikely Roman mile

Anything more than 10 tefah

above

of 1473.2m = 4833.33 ft, then a cubit is

t h e ground is c o n s i d e r e d to be in

2.417 ft and a tefah is 4.836 inches.)

a n o t h e r domain.

Another

approach

is b a s e d

This r e a s o n

also

applies to the next paragraph.

on

o n 1Π3Ν >3-i o w n n>p*i> >3-) , n > 3 3 i e y m T i n ->3εη i r n ? > o o t n ν>ηψ> H b >3~i , η π ι η o > n a \ ? r n ^ y n i n a N ì n w - p b n ? y m j n>nv¿ í n n a o ? ni"»? n > n •li>>>3 ib n w i y >i> i ? y\tnn> A p e r s o n s h o u l d n o t h a v e s e x u a l i n t e r c o u r s e w h e n t h e r e is a T o r a h scroll w i t h h i m in t h e r o o m .

R e b b i J e r e m i a h in t h e n a m e o f

Rebbi

Abbahu: it is p e r m i t t e d if it w a s w r a p p e d in a w r a p p e r or if it w a s in a w i n d o w o p e n i n g that is t e n h a n d - b r e a d t h s a b o v e t h e g r o u n d . Joshua ben L e v i m a d e a small c u r t a i n

236

D i m i n u t i v e of nV3 " c u r t a i n " .

236

Rebbi

f o r it.

p r e c e d i n g discussion of p r a y i n g in

(The parallel statement in t h e Babli,

p r e s e n c e of a c h a m b c r p o t c a n

Berakhot

understood only as a c o m m e n t a r y on

25b, s t a t e s t h e d a n g e r s of

sexual intercourse in the presence of a

be

the Yerushalmi.)

Torah scroll; its connection with t h e

"^V^Çf ^ i ?

nwyp

.v!?y p i l i r n i n ι ? ο ψ !?t>?o > 3 î b y 0 7 N aw>

ϋ>3ί*>η·) V b y o y ó Ν3Ν >3Ί

711131

bOSP ^

.ìD>n -ry . * ι π ι η i n * ΐ 3 ΐ >3? b y "pili n > n d n

Hb

^ . v m >J3bn

. N i n v r b Dτ ib>AN N - τn y tt >3·» OW3 n >T mÍ >: · >3-» . n -a oν í oτi n > 3 i • -: · ·

319

HALAKHAH S

A person should not sit o n a l o w b e n c h 2 3 7 o n w h i c h a T o r a h scroll w a s placed. It happened that Rebbi Eliezer sat d o w n o n a l o w b e n c h o n w h i c h a Torah scroll w a s placed and he recoiled f r o m it as o n e r e c o i l s b e f o r e a snake238.

If it w a s placed o n s o m e t h i n g o t h e r , it is p e r m i t t e d .

H o w far?

R e b b i A b b a in t h e n a m e o f R e b b i H u n a : O n e h a n d b r e a d t h .

Rebbi

Jeremiah in the n a m e of Rebbi Zeïra: Anything.

237

Latin subsellium "bench".

"You shall fear My holy things." This is

238

Cf. Massekhet

3:13, and

then qualified that one may not sit on a

Sefer Torah 3:10 (where it

bench on which there is a Torah scroll,

says "he got up as if bitten by a snake");

but if the scroll is on a separate table

also quoted in Babli Menahot 32b. The

or chair, there is no minimum distance

reason given is the verse (Lev. 26:6):

to be kept.

Massekhet

τη n n

Soferim

non niö^ü naina v n y w

o n a p .apiii inirtNO

A d o u b l e s a c k 2 3 9 full of scrolls or if t h e r e w e r e in it b o n e s o f a dead p e r s o n 2 4 0 , o n e carries it o n his back and rides. 239

Greek δ ι σ ά κ κ ι ο ν , "saddle bag",

respect shown h e r e is that the sack

a sack made to be carried by a donkey

may not be put on the animal but must

(or horse) hanging down on both sides

be carried on the person even if the

of the animal. The rule is inserted here

latter is riding.

in the sequence of rules dealing with

240

the respect due to holy things.

cave.

The

For reburial in an ossuary in a

. n o > o n ni!??-))? ó n i x n > i n i w o n o v e r i niv)hp_>? -jniN rï?in v > > ? n V ^ a ^ n T\H r ï ? i n r p n

ί ο υ η >a-» o w ?

V i n ? -r>ay> n ! ? 7 * r a > a i m a x >a-> o v a niyw-p

^iny* >an

,no>on

V^Sfl

niwynna J O ^ H

320

CHAPTER THREE

Tefillin

o n e m a y hang o n the headboard of the bed but o n e m a y not

hang t h e m at the f o o t end of the bed 2 4 1 . Rebbi Samuel 2 4 2 , Rebbi A b b a h u , Rebbi Eleazar in the n a m e of Rebbi Hanina: Rebbi did hang his tefillin the headboard of his bed.

on

Rebbi H i z q i a h in the n a m e of Rebbi Abbahu:

But only that he should not d o in the w a y of makers of palm leaf b a s k e t s but tefillin 241

o n top and the straps o n the b o t t o m 2 4 3 .

For the same reason as before,

down.

[While K^ipn a r e p a l m - l e a f

to show respect.

baskets, the Latin e n d i n g -arius

242

suspect. It might be better to derive

Since he was a student of R.

is

Abbahu and sometimes student of R.

the word from Latin collare,

collarium

Zeira, the chain of transmission here

"neck chain, collar", with the prefix Ή

are four uninterrupted generations. It

meaning either "double" or being the

seems that only R. Samuel m a d e a

A r a m a i c r e l a t i v e p r o n o u n (E. G.).

formal statement out of an i n f o r m a l

Tefillin

tradition; however, in the Babli (24a)

from its chain.]

the s t a t e m e n t is in the name of R.

should not hang as a pendant

In the Babli (24a), this is a rejected

Hanina himself.

opinion. One requires (here that the

243

tefillin

In the interpretation of J. Levy,

be put in a pouch, the pouch

basket makers put their w a r e s on a

then may be hung at the head of the

r o p e f r o m which they a r e hanging

bed.

down.

Tefillin

should n e v e r hang

jpNi Nir)

.V? v i ")0>p i n ^ s J i ? w o i y n t m ^ i ? N ^ ç ^ n

p n a p r a n n i s > t p n " i >?n ί ο υ η r n i n i HD P(?il

-ION " I j n v >3"! . p p V I

.-irli» Ί Ϊ 7 Ν " » Ì O N Nirrf >3->

íO ÌQl* V£> ^

."1ΓΠ0 V-JDN> 1 W N V33>

pp*n vnn? »Ii«

1 Ί OW3 N J J S ^ n 1 1

P I "|13N >3*V3

1H> ΊΓώ - ! W O ^ l ,>P} ÍOÍD ΝΠ»\{>

q ^ o !?£>? 3 > r p 7 NÌD N-jn

n a i a p p v r ? τισ?3η n u s p p i i n i n i N η> ^

ΠΊΠΝ ">3 ΗΊΗ

NÍB

ywin?

"WF

n i ö N V3"|N . π ι ο * V3"|N t>Tfly

λιον p p - J ÎOV

"Τϋ p ì V "fü

ppìin

321

HALAKHAH S

Rebbi Halaphta ben Shaul 2 4 4 stated: It is a bad sign if one lets wind during one's prayer. That means on one's bottom, but not on one's top. This parallels what Rebbi Hanina said: I saw Rebbi yawning, belching, putting his hand on his mouth, but not spitting 245 .

Rebbi Yohanan said,

one may even spit so that one's cup 2 4 6 should be clean; forward is forbidden, behind oneself is permitted 247 . To one's right is forbidden, to one's left is permitted; that is what is written (Ps. 91: 7): "On your left hand side will fall a thousand.248" Everybody agrees about one who spits toward the stele 249 , that he is forbidden to do so. Rebbi Joshua ben Levi says, he who spits in the synagogue is like one who spits into his own eye 2 5 0 . Rebbi Jonah spat and rubbed out. Rebbi Jeremiah, Rebbi Samuel bar Halaphta in the name of Rav Ada bar Ahava: He who prayed should not spit until he walked four cubits.

Rebbi Yose bar Rebbi Abun said,

similarly he who spat should not pray until he walked four cubits. 244

An A m o r a of t h e f i r s t g e n e r -

ation, of the collectors of baraitot.

In

editor of t h e Babylonian T a l m u d .

Its

theoretical justification must be sought

the Babli, h e mostly a p p e a r s as Rebbi

here in the Yerushalmi.

Tahlipha ben Shaul. T h e section h e r e

248

is a c o n t i n u a t i o n of t h e discussion of

from the later part of t h e v e r s e w h i c h

respect due to either places of holiness

is not quoted: "On your l e f t hand side

( t h e s y n a g o g u e ) or a c t s of

will f a l l a thousand, but ten thousand

holiness

As usual, t h e real a r g u m e n t is

(prayer).

on your right hand side."

245

right hand side is ten times as impor-

In t h e Babli (24a/b), R. Hanina

Hence, t h e

reports that he saw Rebbi spitting; this

tant as the left hand side.

is p e r m i t t e d in t h e B a b l i o n l y f o r

249

people w h o w e r e disgusted if they had

synagogue was the pulpit on which t h e

to spit into their garments.

Torah scroll was laid f o r r e a d i n g and

246

I. e., one's mouth.

was a place of p a r t i c u l a r holiness [Cf.

247

In the Babli (24b) this is r e p o r -

Y. Brand, Iztelin,

ted as an act of Rav A s h i , t h e f i r s t

Greek σ τ ή λ η .

276-277],

T h e stele in t h e

Lesöncnü 32 (5728),

T h i s p a s s a g e a p p e a r s in

322

CHAPTER THREE

many corrupt versions in e a r l y medie-

phantastic conjectures.

val rabbinic authors (e. g., R. A b r a h a m

250

bar David and the s t u d e n t of R a b b e n u

states "he is as if he spat out b e f o r e t h e

J o n a h ) a n d h a s g i v e n r i s e to m a n y

king."

ΝΠΝ 13 3py>

A p a r a l l e l in t h e B a b l i ( 2 4 b )

ION .nim y i i N i>ry»v> i n !?>3jp> ÏJN D>&

V31N :pi»n >-r? Νηψ Ι!»Σ>Ν n!W .JIÍON V3IN

pi

1 3 1 «Ρ© h"?

>5N 11ΌΝ ΝΠ> niÖN V31N ÎI;?71>y ΊΧ ΤΊΓΙΗ 1EÍN OH >ÖN >3") 1£Ν

.Πί)3Ν

.Οψ t>>\?n") N3 "VW 1»ÍN Similarly, h e w h o urinates s h o u l d n o t pray until h e w a l k s f o u r c u b i t s 2 5 1 . R e b b i J a c o b bar A h a said: n o t o n l y that h e w a l k s f o u r c u b i t s b u t e v e n if h e w a i t s c o r r e s p o n d i n g t o a w a l k of f o u r cubits.

R e b b i A m m i said, if y o u

s a y that h e is f o r b i d d e n u n t i l h e r e m o v e s h i m s e l f f o u r c u b i t s , I s a y t h a t m a y b e s o m e b o d y e l s e c a m e a n d urinated t h e r e 2 5 2 .

251

In t h e Tosephta (Berakhot 2:19),

t h e l a n g u a g e is m o r e r e s t r i c t i v e :

"A

of the Babli ( M e g i l l a h 27b) but not of the Yerushalmi.

person should not u r i n a t e at t h e p l a c e

252

w h e r e he p r a y s unless he

removes

world w h e r e he could pray. T h e Babli

himself four cubits. O n c e he u r i n a t e d

(Berakhot 25a) explicitly rules out this

he should not p r a y unless he r e m o v e d

argument

himself f o u r c u b i t s .

f o r b i d d e n only at a p l a c e

If it is d r y or

And t h e r e is no p l a c e in t h e

and

states

that

one

is

where

absorbed (in the e a r t h ) it is permitted."

certainly somebody urinated and the

This text is the basis of t h e discussion

moisture is still recognizable.

.·ρη>£>\?ο iny> ί φ

-»3

o>>3 .DSV? v>3>jw tü dníü αι. ow3 n ì n >3"! ^

.13>}

i m - ^ D IJON

πιο* 3 1 ογή Niiirç >31 η>>τ)> >31 η>?3 ι»ΐΐ?>ψ "TV l}ni> >31 D\Í»3 Ι Ο Ν N i l 1 3 "|ij»?W

, n > 3 3 1 0 1 ( ? ? ψ TÜ 1 8 * ^ N ì o y

irii> D>)?3 i>oon n i n >31 n>p^n i o n .n>?a

nilOíf

O ^ ?

*ry ηην >31 oi¿>3

323

HALAKHAH 5

o s y ? r p w y ii7>flN f y

ΝΪΓ) y ? i o n >?*) n»> i ç y ,D>>(? n^oo

Rebbi A b b a in the n a m e o f Rav:

.riNiarj

o>>j? 253ηψ£ρψ

γη

ρ

rnw»f

E x c r e m e n t until it is h a r d e n e d l i k e

bone, urine all the t i m e it m a k e s m o i s t 2 5 4 .

G a n i v a 2 5 5 said:

All t h e t i m e

that its impression is visible. Samuel said: Until its 2 5 6 s u r f a c e is h a r d e n e d . S i m e o n bar A b b a in t h e n a m e of Rebbi Y o h a n a n : U n t i l its s u r f a c e is hardened. Rebbi Jeremiah, Rebbi Zeïra in the n a m e of Rav: E x c r e m e n t is f o r b i d d e n e v e n if it is hard l i k e b o n e . hardened.

S a m u e l said: U n t i l its s u r f a c e is

S i m e o n bar A b b a in t h e n a m e of R e b b i Y o h a n a n : U n t i l its

s u r f a c e is h a r d e n e d 2 5 7 . H i z q i a h said:

R e b b i A b b a is m o r e r e s t r i c t i v e f o r u r i n e t h a n f o r

Rebbi Mana said to him: F r o m that of G a n i v a 2 5 8 ; h e said t o

excrement?

him: E v e n if it is hard like b o n e it is forbidden b e c a u s e its m a t t e r exists; urine's m a t t e r n o longer e x i s t s 2 5 9

253

Reading of the Rome ms.

Ve-

hard like bone, while supported there

nice and Leyden: nvovD (both times).

in the name of R. Yohanan, is finally

254

r e j e c t e d as a m a t t e r of

This refers to the earlier state-

ment that one has to remove himself

practice.

from excrement until he no longer sees

255

it, and f r o m urine f o u r cubits.

lonia.

The

common

A c o l l e a g u e of Rav in BabyHe was an e x t r e m e p o l i t i c a l

question is how long excrement legally

opponent of the then Resh Galuta and

is in its state.

was executed by the Persian king as a

In the Babli (25a), the statement of

trouble maker (without the interven-

Samuel/R. Yohanan is attributed to Rav

tion of the Resh Galuta.) His statement

by Rav Y e h u d a h and Rebbi A b b a ' s

refers to urine and is quoted as such in

statement about urine to Samuel/Rebbi

the Babli (25a).

Yohanan.

256

Refers to excrement only.

257

The seeming r e p e t i t i o n shows

T h e r e is no d i f f e r e n c e

between the T a l m u d i m in praxi urine

but

the

conclusion,

for that

that Rebbi Zeïra formulated the entire

excrement is f o r b i d d e n even if it is

statement concerning the opinions of

324

HALAKHAH 6

Rav, Samuel, and R. Yohanan.

In the

applies both to excrement and to urine.

f i r s t h a l f , t h e s t a t e m e n t s of

Rebbi

Since excrement is recognizable even if

Abba, Samuel, and Rebbi Yohanan a r e

it is hard as bone (Rome ms.: "hard as

three independent statements.

wood"), it remains forbidden.

258

259

n p

"As long as it is recognizable"

nriN·™» η ψ φ ψ ί ρ η " !

inpyj

As recognizable entity.

π τ η »"!i?

*

.noia m τi » » ·a n· : nb»au r τo n · *¡ • · : Mishnah 6: The person with gonorrhea who had an emission of semen, as well as a menstruating woman who lost semen, and the woman who started menstruating while having intercourse, need immersion, but Rebbi Yehudah frees them 2 6 0 260

It is explained in Lev. 15 t h a t

Rebbi Yehudah notes t h a t since t h e

the man with gonorrhea makes every-

immersion f o r qeri has no p r a c t i c a l

thing around himself

consequences, it is not n e e d e d .

impure

and

The

cannot be b e c o m e p u r e e x c e p t by a

other sages seem to think that since the

lengthy procedure.

immersion does not need miqweh

Similarly, the

or

m e n s t r u a t i n g w o m a n n e e d s at least

flowing water and since it is needed to

seven days for her purification. If any

let t h e p e r s o n s

of t h e s e is p o l l u t e d by t h e

minor

completely different character and

impurity of qeri as e x p l a i n e d in the

independent of the o t h e r i m p u r i t i e s .

preceding halakhah, any immersion for

Since the woman noticing her period

qeri has no i n f l u e n c e on t h e s e v e r e

d u r i n g i n t e r c o u r s e h a s to s t o p

impurity already existing (or the one

immediately, even b e f o r e emission of

additional in the case of t h e w o m a n

semen, it is clear that her impurity is

who notices her p e r i o d w h i l e she is

not the Biblical one described in Lev.

already impure by having intercourse).

15:16-18 but the rabbinic one of qeri.

pray

it

is of

a

it

325

HALAKHAH 5 Nin b>yio

π κ - ι ψ n p (foi. 7a)

>2*))

>i(? ΓίΝηψ

l i t ? ti?

Λ nain

r o n * n i ? η η Ν Ί ψ ι ι ψ ρ ψ ρ η » q r ) ΊΟ η ΐ ν ρ ψ ? - l o i a ητ»> τ

Halakhah 6: So far the person with gonorrhea who had an emission of semen; is it good for anything if the person immerses himself who had an emission and afterwards has an episode of gonorrhea? We hear it from this: "The woman who started menstruating while having intercourse needs immersion, but Rebbi Yehudah frees her. 261 " 261 qeri

particular case, which is not in the

In both cases, the impurity of p r e c e d e d the s e v e r e

impurity

and,

Mishnah, is treated in Babli 26a where

Biblical

nevertheless,

it is stated explicitly not only that

the

disagreement between the majority and

Rebbi Yehudah d o e s not

Rebbi Yehudah is the same as when the

immersion but that the majority require

severe impurity precedes qeri.

it.

DN>?IO> a w

This

NWW n i d ^ y i o n ç o w n rm> >317 OÜ\? n ç

Ν ΐ η ψ !?>yio πιο ->n>n v i s n ¡ ? n i o •prro'ir? p?D n n ÏXH

rtip.

ΠΝ»ριο>

require

ow

owp

Nin

rppyo

.rnwn >)n

ηκριυ

ton .rm n n T τw :n i o τ

What is Rebbi Yehudah's reason? Is it because what would one profit if he immersed himself 262 or whether there is a name for light impurity in the presence of severe impurity 263 ? What is the difference between these possibilities?

If he saw qeri, if you say what would one profit if he

immersed himself, he would profit 264 ! Hence, the only reason is that there is no name for light impurity in the presence of severe impurity! 262

Since the person remains impure

simply add another level of impurity?

as before.

264

263

prohibition against studying Torah and

Does the severe impurity elimi-

nate the minor impurity, or does it

He e l i m i n a t e s ihe

rabbinic

reciting Shema' without washing.

326

HALAKHAH 6

.«lio? r n i o n n w p i o ib t i n s ìb>?N .»ρυ? nbj? tindío ib rna^a lina tjj ,-ioia r r j v

nb>a\? r o n * r n ? r m > r w J i y ç ^ ç n i h n q V? íwyjpvó .Nin N>n ν ττ π- s ν>π m τo: Nι τ n tτ d- s τ -s

That is if the light impurity came at the end. Is it even if the severe impurity came at the end 2 6 5 ? We may understand it from this: "The woman who started menstruating while having intercourse needs immersion, but Rebbi Yehudah frees her." That means, one case is like the other case. 265

Does the severe impurity add to the minor impurity or does it supersede the

minor impurity?

'y^an p n s -inwn η ^ ο η

ji£>ajp , η ί ν ψ V3"|N "TV "»piN rmn> »?-) . i m n *n> i n ^ n VN ^ V 5 ? n ^ S í »

,nn?»n

:K m v n

n> - i o ì n rmn> >3-1

"W n n ? « n

. o v n Î73 v o c ì o

.V3î?

Mishnah 1: Morning prayers are until noon; Rebbi Yehudah says, until four hours 1 . Afternoon 2 prayers are until evening, Rebbi Yehudah says until half of' Minhah.

Evening prayers have no fixed time.

Musaph

prayers have all day. 1

One hour being one twelfth of the

o f f e r i n g was 2h 30min. b e f o r e sun-

time d i f f e r e n c e between sunrise and

down.

Hence, "half of Minhah"

is l h

s u n d o w n ( a c c o r d i n g to s o m e i n t e r -

15min. b e f o r e sundown.

p r e t e r s of t h e Babli, f r o m dawn to

time f o r t h e e v e n i n g s a c r i f i c e s (on

dusk).

Passover e v e ) was 30 minutes a f t e r

2

"Minhah" prayers. This expression

noontime. Musaph prayers were added

refers to the Temple service when the

on days when there w e r e a d d i t i o n a l

flour offering a f t e r the a f t e r n o o n

public sacrifices between morning and

sacrifice signalled the end of the day.

afternoon sacrifices.

The earliest

The p r e f e r r e d time fixed for this

n>> n^a jttN ·>η tjn^Ni -IOÌN NÌD p i

.n^aj? « « 'Mi

.n^ari it w ->H) . i m ? in>ia w» >?•;

Φ ΝΊΠ

nyiriz

Halakhah 1: It is written (Deut. 11:13) "To love the Eternal, your God, and to work 3 for Him with all yor heart and all your soul," does there exist work in the heart? This refers to prayer. And so it says (Dan. 6:17):

328

CHAPTER FOUR

"Your God, whom you serve permanently, may rescue you." Is there any service in Babylonia? This refers to prayer. 3

The root 13V means "to work, to

serve" and i m p l i e s some

it.

physical

(Hence, as noted in reference to

Daniel,

it cannot

take place

in

exertion. In the religious sense, mia»

Babylonia.) In the Babli (Taänit 2a),

without qualifier always means the

prayer is e x p l i c i t l y

Temple service, the actual offering of

"service by the heart".

qualified

as

sacrifices and all that is connected with

I l i N ì n N o v a Nrfrjp V W Ì ì w m Ί*ΡΊ n ç t o ·ηη>Γΐ

.rra-pv' n r r î o > ^ s w

n i n >τ ì n p ' i o -noi!? *no>ri ρ Y h > ? ">3?

.^sjw

p i ijpi^ 7io>ri

Νη>

way)?

n ^ - î o a i^vibyi

nan"! n a n a \y*v3 .niyi

v i i ? JinN? i J w ^ y

toip

NTI> , - ι η ί η >niD-;a

ty

. o > w r v t i ? n>> ι>η>η«ι NO?

ΜΓΙ> irnn>? νπ>

, κ η j i o i p γα i i y · ° η π ¥ ί "»ì^ì , m > ï y n i z i t ? N>n

,νπίτιρψι ν τ η η

ΝΠ

One might think that one may pray all three 4 together - it is explained in Daniel (Dan. 6:11): "Three times a day he fell on his knees, etc." One might think that one may pray in any direction one wants - the verse says "slits were open for him in the direction of Jerusalem." One might think that he started after he went into captivity - the verse says "as was his wont from before that." One might think that one may pray all three at any time he wishes - already David did explain (Ps. 55:18): "Morning, evening, and afternoon." One might think that one may pray aloud - it was explained about Hannah ( I S a m . 1:13): "Hannah was speaking to herself." One might assume that he might simply think - the verse says "only her lips moved." How is that? One whispers with one's lips.

329

HALAKHAH1 It will be explained later that the

preserved in the Tosephta (Berakhot

t h r e e d a i l y p r a y e r s w e r e e i t h e r in-

3:6) or in the Babli (31a), whose text is

herited f r o m t h e p a t r i a r c h s or they

c l o s e to t h e T o s e p h t a .

were fashioned after the

r e m a r k s a b o u t moving one's lips is

4

service.

Temple

neither

T h e v e r s e in Daniel is not

N>n n î n i

D>

W

.niyj

toip

D"TN ΝΠ> κϊύ

nor

in

the

verse

"!?1

ίοηψ

Babli

last

Tosephta.

discussed in t h e o r d e r it is w r i t t e n , n e i t h e r is t h e o r d e r of t h e

in t h e

The

p-\

V? κ ^ ΐ π

,rm? n : » - ^

>ρί> ra-» -hon

·)?>η .na> ϊ χ ΠΊ^τρ

•)?>» ,νηψ> Η"? rfripi .vnsyço w>nnn!p - j n s

HON l i s w D y p ' o

rnisv!? >>y

,^^ρτιη

Rebbi Yose bar Hanina said: From this verse (75am. 1:13) you may learn four things. "Hannah was speaking to her heart," from here that prayer needs attention. "Only her lips moved," from here that one must whisper with one's lips. "Her voice was not heard," from here that nobody should pray at high voice. "And Eli thought that she was drunk," from here that a drunk is forbidden to pray.5 5

This p a r a g r a p h is given in t h e

B a b l i ( 3 1 a ) in t h e n a m e

Htyn n m *

of

Rav

liDÎp ,·>ηΐ3 ï y

of Rebbi Yose bar Hanina.

">3 W 7

"»3 W 7 N ^ ì p P

ορ-ι î?Ni»yj >»ip r m n p N i -ηα^ : n > Ji>on7 ν ι ο

nn>?Ni >3N ->»N i w o y

ion

Hamnuna, a Babylonian contemporary

I p i t o w n riis

H2. .nniw ΠΓΙΝ

.Min n n ' 3 >nv) >330 N ^ Ν^ΓΙΓΟ h ï > m >51 -»ON .D>SI£)3 «ipit

>o\ç> >?£»? N^J*

n>> .jiîn> NID nn>?

a>ri3 ΝΙΓ) tèN γ η π >2-)

.Nin nn>3 - o ? o w n γιν " v ^ n n ^ y m ο-τίρ ,κιη jin>3 The word of Hanan bar Abba 6 disagrees since Hanan bar Abba said to the colleagues: I shall tell you one of the good things that I saw Rav do

330

CHAPTER FOUR

and, when I told it before Samuel he got up and kissed me on my mouth. At "praised are You", he bows down.

When he comes to mention

Hashem, he straightens up. Samuel said: I shall give the reason (Ps. 35:10): "The Lord straightens the bent ones." Rebbi Ammi said: It is not reasonable, but (Mai. 2:5): "Before My Name he is low." Rebbi Abun said: If it were written "at My Name he is low" then you would be right, but it is written "before My Name he is low", before he mentions Hashem he is low. 6

The entire paragraph does not

belong here but is taken word by word

••s-

m τn- : N nτ ?v ·^: m ·

" S -

from Chapter 1, Halakhah 8, at note 265 ff.

ΝΊΠ i s- r oτ v > : n . N τ^' pτ ij >t>sn N Tτ H - a- N Sτ Nτ ·· s : ·

Ν Π ί ^ ΓΡΓΡα >3? 1ί£)>η Τϋ Ν 1 ? ^ ! . . .

Ν)Γ) N J V l ?

ΝίΓ) 1 ?

m

.ηψ>Π>?

NTlì^* Ν3ΪΠ Ν Ιτ Ν- Ι: rPJl>3 Π>31ί Η Μ >31 "ΙΟΝ ,rP3>0 τ : ir .... .. · τ

τ

τ

τ

7

Rebbi Abba bar Zavda prayed aloud . Rebbi Jonah prayed whispering in the synagogue; he prayed aloud in his house so that the people in his house 8 should learn prayer from him. Rebbi Mana 9 said: Really, the people in my father's house learned prayer from him. 7

He opposes the generalization from

generations later his opinion was

Hannah's prayer to general rule. As a

accepted in Galilee.

student

represents

8

His wife and children.

Babylonian practice; the f o l l o w i n g

9

Rebbi Mana II, son of Rebbi

example of Rebbi Jonah shows that two

Jonah.

of

Rav,

he

OÌ»nV> C P O y ? > T533 *1»N

1 3 ^ Ν ί Ο ψ >3")

.ΓΙί·7>33Ί > VT># p > N | 0

>*TÎ?N * q>53t> >3N Γ φ Ο Ί ) ? ^ D I N îp-tf "ΙΠ^? . J l í n - i n ty ΓΟΓίψρ q>j3> O N r n i ö i n t o D I N r j n s niN")> ' r i o t

. r n i N > η^>?Νίη υ π Ν ^ ί η ψ >riiiNi

n n n n JIÌN->!? o r i p w o w ? > r i i i N H ^ N I

*

331

HALAKHAH 1 o w ? » r i i i N n ì 7 N i n b N * :p?a>n l i s o ,m T iN> r i ^ S N »

aiv?

η? rn\tö

^lü®?

»Jmsin) ridata

From where did they learn the three prayers?

Rebbi Samuel bar

Nahmani said10: According to the three times that the day changes f o r man. In the morning, one must say: I thank you, o Eternal, my God and God of my fathers, that you led me from darkness to light. A t

Minhah,

one must say: I thank you, o Eternal, my God and God of my fathers, that just as Y o u let me see the sun in the East, so I could see it in the West. In the evening, one must say: May it be Your pleasure, o Eternal, my God and God of my fathers, that just as I was in darkness and You led me into light, so may You lead me from darkness into light.

10

This

extenso,

paragraph

shortened, in Midrash 68(11).

is f o u n d

me see it in the West." T h e f o r m of the

in

the next t w o p r a g r a p h s v e r y Bereshit

Midrash

Rabba

Minhah

T h e r e , the o r d e r o f p r a y e r s is

is

appropriate

for

early

( h a l f an hour a f t e r noon), the

f o r m of the Talmud is a p p r o p r i a t e f o r

e v e n i n g , m o r n i n g , a f t e r n o o n , and t h e

the standard Minhah,

afternoon p r a y e r is: "just as Y o u let me

Neither of the t w o texts is a corruption

see the sun in the East, so may Y o u let

of the other.

o r n a « ) ? ->ηγ>η VN"!

.οί*τφ> n i r m n n i ! ? ' ? ^ i ç n

>3$ nis ο ψ

oipjan ï y

pn^pn n m n n r ú a n ->o>jn n o ? foi.) v i ? » ï

^

>3-1

npm

T i ö y n " i n ' i n n o s rimari hïh

rn>ny

.n^an n ^ n ηη>ψ v n i t t t ^ i n i t o ρ η * >

apv»o i i y n

N3 ìV??? ">ç>rn η*??

.irvvy "pay;> λ tày

V*)

yipri Î3N") n ^ a j ^ ì r u n d i j i ? N^JI ïh Rebbi Joshua ben L e v i 1 1 said: patriarchs.

c l o s e to e v e n i n g .

ηίον> o ">))>)> o i p o a (6b -iniN"!

niNi*

T h e y 1 2 learned prayers f r o m the

Morning prayer f r o m our father Abraham (Gen.

19:27):

"Abraham got up early to the place where he had stood there in the

332

CHAPTER FOUR

presence of the Eternal." Standing m e a n s praying, as it says ( Ρ s. 106:30) "Phineas s t o o d and prayed 1 3 ."

Minhah

prayers f r o m our f a t h e r Isaac.

(Gen. 2 4 : 6 3 ) "Isaac w e n t o u t to speak o n the field 1 4 ." praying, as it says ( Ρ s. 102:1)

Speaking means

"A prayer of the d e p r i v e d o n e w h e n he

faints and pours out his speech before the Eternal." E v e n i n g prayer f r o m our father Jacob.

(Gen. 2 8 : 1 1 ) "He e n t r e a t e d at the Place 1 ^"

Entreaty

means prayer, as it is said (Jer. 27:18) "Please, let t h e m entreat the Eternal of hosts." A n d it says (1er. 7:16): "Do not lift f o r t h e m ( y o u r v o i c e in) a cry and d o not entreat me."

11

In the parallel in the Babli (26b),

the opinion of Rebbi Joshua ben Levi is

benedictions. 13

Usually translated as "judged".

ascribed to R. Yose bar Hanina and the

14

opinion of "the rabbis" in the following

part of the verse that is not quoted: "To

paragraph to R. Joshua ben Levi. The

speak on the field towards evening."

detailed d e r i v a t i o n in both cases is

[The A r a b i c niw, c o r r e s p o n d i n g to

declared to be a baraita, meaning that

Hebrew mi», means "to run, or fly, with

the two Amoraïm quoted do not claim

outstretched arms".]

The essential proof is from the

originality, they simply a d o p t pre-

15

existing ideas.

upon the place."

12

"Place", see H. G u g g e n h e i m e r ,

The Men of the Great Assembly

who instituted f o r m a l p r a y e r s and

rus

."»πψ ϊψ

T > OÎ?P - ι η ψ η

πνι

Y^Î? t7ìD>N l i «

VN nniN

For the meaning of The

Scholar's Haggadah, pp. 268-269.

.nos

ni!?>£>jp η ρ κ

" p p n p nnijan n£>an r i p a IN^O

V^V10

Usually translated "came suddenly

"pa-y)

r i ^ v n "τπι*η

ni^ri

V 3 n^i>r» o w n v n s n Ν Ί Π ΝΪΓ)

.OJIO RMIN

N>n *riy N Ç i r o r i >a-> *v?n .rû^rrîrç na\»n u a ï y

.ovrrl?3

v n y on-jpi

333

HALAKHAH 1

The rabbis said, they i n f e r r e d prayers f r o m daily sacrifices.

The

morning prayer f r o m the perpetual sacrifice of the morning {Num. 28:4): "The first lamb you should present in the morning." Minhah prayer f r o m the perpetual sacrifice of the evening: "And the second lamb you should present in the evening."

They did not find a n y t h i n g t o peg e v e n i n g

prayers onto it and simply stated it; that is what we have stated: Evening p r a y e r s h a v e no fixed time.

Musaph

p r a y e r s a r e all d a y .

Rebbi

Tanhuma 1 6 said: In fact, they fixed it corresponding to the consumption of limbs and fat which were consumed on the altar during the entire night. 16

In the Babli (26b), this statement of a late Amora also is quoted as Tannai'tic.

o)o3i ^ ψ Ί

1

odi

>3-» >3ΐπ .rmn> >31 inù r n i n >*vnn

IN n i y ^

->£ÌN N i n ^ s . n i y y w y a . n i y y y a n N ? ood-i vy)pv>n on·) o ' p p

*Ì(?33 «IN .Jiiyrç» y3")N3 JVW3

y3"i«3

"U?ÌN row ,ιιίνψ

π » κ η λ ι ο ν wyj η π oi»n D i n ?

^ΟΞΟΨ IPAA NÇ .">I?n3 N^IA? WIT

N^IOi V>?C) ΝψΡΨ VVV y 3 1 N 3 .Jliyy y3")N3 IN? ,oi»n D i n ? in® Noin?ri >31 i o n

. p o r i N ^ o í p o n N y p w VVV .n>13"Î7D!? h i>NV

Rebbi Yehudah 1 7 learned from words of the Torah, since Rebbi Ismael stated: (Ex. 17:21) "The sun was hot and it melted," four hours into the day. You say four hours or should it be six hours? When it says (Gen. 18:1): "In the heat of the day", that means at six hours. Therefore, how can I interpret: "The sun was hot and it melted," four hours into the day 18 ! You derive it f r o m (Ex. 17:21): "In the morning," (Num. 28:4) "in the morning."

Since t h e first "morning" m e a n t "four hours", "morning"

mentioned there also means "four hours." At four hours the sun is warm and the shadow is cool. At six hours both sun and shadow are hot. Rebbi

334

CHAPTER FOUR

T a n h u m a said (Gen.

18:1): "In the heat of the day", at a n h o u r w h e n t h e r e

is n o s h a d o w f o r a n y creature. 17

This p a r a g r a p h is found also in

T o r a h is u n i q u e l y f i x e d a n d

that

the Babli (27a) and in both Mekhiltot

d i f f e r e n t expressions must h a v e d i f -

(to Ex. 17:21). T h e second paragraph

f e r e n t meanings.

which connects the derivation to t h e

translation that can be clearly dated to

[ T h e only B i b l e

previous association with s a c r i f i c e s ,

T a n n a ï t i c t i m e s , t h e f r a g m e n t s of

and hence, with prayer, is found only in

Aquilas's Greek translation f r o m t h e

the Yerushalmi.

school of Rebbis Eliezer and Joshua,

18

s y s t e m a t i c a l l y has o n e - o n - o n e c o r -

Here and in the next paragraph,

one supposes, as in most T a l m u d i c

respondence between Hebrew

derivations, that the vocabulary of the

Greek words.]

n p i a >ηι

,·)>νψ J i ^ a

nvi

N»n

i ? > o i o i p n 13>3γι NiTj . v v v

-im ^ o i

. r m i i y ? ο > η ψ niDípn !?i>¡? i n s Rebbi Yasa prayed at three hours 1 9 . t h r e e hours.

,i>VV J ^ r a

NO> > : n

vow n n p n p

.rnira ίοίρη ο τ ι ο

n>3inr)

τρ?η

R e b b i H i y y a bar A b b a p r a y e d at

T h e y s a w R e b b i B e r e k h i a h t h a t h e r e c i t e d Shema'

prayed a f t e r three hours.

and

and

But did w e not f o r m u l a t e ( B e r a k h o t 1:5): "He

w h o reads after that did not lose, he is l i k e a m a n r e a d i n g in t h e Torah." W e m a y say that he accepted the y o k e of h e a v e n in its t i m e 2 0 . 19

W h i l e in t h e o r y in M i s h n a i c

times t h e r e c i t a t i o n of Shema'

and

this usage; the f i r s t two p r a y at t h e c o r r e c t t i m e f o r t h e r e c i t a t i o n of

prayer w e r e s e p a r a t e a c t i v i t i e s , t h e

Shema', the last one recites Shema'

practice in Amoraic times was to unite

the time of prayer according to Rebbi

them. It is stated in the Babli (9b) in

Yehudah.

the name of Israeli authorities that it is

20

p r e f e r a b l e to pray immediately a f t e r

f i r s t v e r s e of Shema'

the last b e n e d i c t i o n of Shema'.

preliminary

All

authorities quoted h e r e s u b s c r i b e to

at

It is current practice to recite the during

benedictions

the

recited

immediately a f t e r one gets dressed in

HALAKHAH 1 the morning.

Then the remainder of

Torah and may be delayed, in p a r t i -

Shema' is just recitation of verses of

niD>o

>n>3 η> χι

nniN?

>31 ova

,D»7> w

">ηψ

cular on Sabbath and holidays.

ήο»ρ

r n "ΐζπ rm>

v m 2τ\\ d ^ ?

W

121

i n i nnyn

ï y n i s ì p >ÎW

wìioì

>n

ΠΠΝ

NÌD t j n a v m ^ n -ΡΝΠ π ^ ψ

τ>οη ï y ν ι ν - η rmn>

τ ν η n y y nriiN ϊ χ .J1ÍVV

Or Rebbi Y e h u d a h learned f r o m t e s t i m o n y 2 1 since Rebbi S i m o n said in the n a m e of Rebbi Joshua ben Levi:

In t h e t i m e o f t h e

hellenistic

g o v e r n m e n t 2 2 t h e y 2 3 l o w e r e d t h e m t w o b o x e s w i t h g o l d and t h e y g a v e t h e m t w o lambs to pull up. O n c e t h e y l o w e r e d t h e m t w o b o x e s w i t h g o l d and t h e y g a v e t h e m t w o kid g o a t s 2 4 t o pull up. A t that m o m e n t t h e H o l y One, praise to H i m , e n l i g h t e n e d their e y e s and t h e y f o u n d t w o c e r t i f i e d l a m b s in t h e hall o f l a m b s 2 5 .

A b o u t that t i m e did R e b b i Y e h u d a h bar

A b b a 2 6 testify that t h e perpetual m o r n i n g s a c r i f i c e w a s b r o u g h t at f o u r hours. 21

Since we said that the rules of

lowered the boxes f r o m t h e wall of

prayer a r e imitations of t h e rules of

besieged Jerusalem; in each box was

sacrifices and we do not find that the

payment for the lamb to be placed in it

perpetual s a c r i f i c e was ever brought

for the daily sacrifice.

l a t e r t h a n f o u r h o u r s in t h e

24

day.

Usually it is brought at first dawn. 22

T h e Babli

(Menahot

Which cannot be used f o r t h e

perpetual sacrifice. 64b)

25

Since the verse (Num.

28:3)

telescopes this story and the next into

requires that the perpetual sacrifice be

one and dates it at the civil war of the

"a yearling sheep withoul blemish", the

two Hasmonean brothers Hyrkanos and

sheep were usually held in a separate

Aristobulos.

"hall of lambs" and w e r e i n s p e c t e d

23

t h r e e t i m e s b e f o r e b e i n g used

T h e o f f i c i a l s of t h e T e m p l e

as

336

CHAPTER FOUR

sacrifice.

16:7 and that R. Y e h u d a h ben Baba,

26

who was killed in the a f t e r m a t h of the

In t h e Babli (27a), the n a m e is

Rebbi Yehudah

ben Baba.

Levi

war of Bar Kokhba, is much too late to

G i n z b e r g points out t h a t t h e n a m e

testify about occurrences

Yehudah bar Abba is found instead of

Temple. Hence, the name "bar Abba"

Yehudah ben Baba is some Mishnah

should not be changed.

manuscripts at Idiut 6:1, 8:2,

v n r i m n N y v p jiid>o

ϊ ψ n i a i p >πψ o n £

r i s i n a n n n n WW

ηίοιι

DÌ r u o i n > s n >

j i ú i i y n in-ia n y y η π ί Ν 2

.d>vd?

η Ν η > >a-i ί ο ν ί ^

ip>apn

.Ϊ7ίατν>>

vm onnn

i m

w

n o n a ò ^ap·; n ç i n n n j ^ y i o " ) •Ji?30 a n ^ i

R e b b i L e v i said:

the

Yebamot

ϊ ψ n i a i p >πνμ in!? toy·)

in

tjpaì

A l s o in t h e d a y s o f t h e p r e s e n t e v i l g o v e r n m e n t 2 7

t h e y l o w e r e d t h e m t w o b o x e s with gold and they g a v e t h e m t w o s h e e p t o pull up. O n c e t h e y l o w e r e d t h e m t w o b o x e s w i t h g o l d and t h e y let t h e m pull up t w o s w i n e 2 8 . T h e y did not m a n a g e to get t o half the h e i g h t o f t h e wall w h e n the s w i n e c l a w e d the wall; t h e wall t r e m b l e d , and [ t h e s w i n e ] j u m p e d 4 0 p a r a s a n g s f r o m t h e L a n d of Israel.

A t that t i m e the sins

caused that the perpetual sacrifice w a s stopped and the T e m p l e destroyed.

In b o t h T a l m u d i m , t h e "evil

trembled. (The civil w a r was at t h e

government" or simply "government" is

time when Pompey conquered the East

27

the Roman government.

for Rome but the story h e r e c l e a r l y

28

In the Babli (Menahot 64b), there

speaks of the war of Titus. However, it

was only one swine and not only t h e

seems that the Babli tradition in this

wall but t h e e n t i r e Land of

case is more correct.)

ο>3ψ r v n n > .ovn

N>?y\?

Israel

o v n JIN p t t n Nnny

.oi^ooy/

. " p a v f VWP v\?>>pia

w

TO

337

HALAKHAH1

W h a t is t h e reason of the rabbis? (Num. 28:3) "Two f o r t h e day", split the d a y in two.

T h e reason of R e b b i Y e h u d a h 3 0 : "two f o r t h e day", t w o

a d v o c a t e s 3 1 per day; "two f o r t h e day" that t h e y s h o u l d b e s l a u g h t e r e d expressly f o r the d a y 3 2 . 30

Not the reason why prayer and

ning "intercessor".).

s a c r i f i c e has to be f i n i s h e d at f o u r

32

T h e s l a u g h t e r e r must k e e p in

hours but the reason why the verse is

mind

that

he s l a u g h t e r s

for

the

written as it is, "two f o r the day" and

perpetual sacrifice of that p a r t i c u l a r

not "two in the day".

day. A sacrifice becomes invalid if it

31

is slaughtered with the wrong intention.

G r e e k π α ρ ά κ λ η τ ο ς (also mea-

b y - p n n inri V?

ovn

Nirrj . D v n

Ν>η Ν*ΤΠ , ο ν π -T»D i r i o > n y ) N n r i y )

T Î P n»?y> J i y a o ï y n»?y> n y a o

rpany)? n i ?

ty

onyô

n>n

r p r n ^ o π υ ί ΰ ? inj? ϊ χ o n y ó n>n o > 2 - | v n nç n o η η η ψ } o n y ó

m >Ν ^ T V

" T w o f o r t h e day", that their s l a u g h t e r i n g s h o u l d be f a c i n g t h e d a y . That is w h a t w e h a v e s t a t e d 3 3 :

The perpetual m o r n i n g s a c r i f i c e w a s

slaughtered at the N o r t h w e s t corner at the s e c o n d ring 3 4 , facing the d a y 3 5 , and the e v e n i n g o n e w a s slaughtered at the Northeast corner at the s e c o n d ring, f a c i n g t h e day.

A n d 3 6 that he s h o u l d k n o w w h i c h o n e w a s t o b e

slaughtered in the m o r n i n g and which o n e in the evening. 33

Mishnah Tamid 4:1. The entire

p a s s a g e is in Sifra

Num.

142, in

sacrifice has to be slaughtered North of the altar (Lev. 1:11).

changed f o r m Babli Yoma 62a, Tamid

36

31b.

previous argument but another inter-

34

Temple

pretation of "two for the day", that the

enclosure, w h e r e the sacrifice is hung

victims should be selected separately

to be skinned and cut into pieces.

for the sacrifices of the day.

35

In t h e w a l l of t h e

This is not a continuation of the

I. e., the sun.

Every holocaust

338

CHAPTER FOUR

nman

n£>an «loian n£>am n m p n

ova

on

Ji£>an "ijnv r n

>id oi»a v ^ V ? W Q

ì!?>a>fì i j n v >a*i o w n o w ? n i o ->3 i n j >a*i

o W ? Ν>>Π

VV? i n n

.npiip ηοίο

!?;?3Jin> > 7 ?

. n p i i p nn?OD ri^aj?

h ?

>3rin"| . T i p i i p n m p n n ^ a ^ i ·)η>ιιψ !7>3rin> H ? o i » 3 . N 7 ? t ö n ^ n r i i ΝΠ V P O > r i > t p a ) ? >ι>

.nip-pp

paoißn

oi»a ljni>

n n ^ n n n^aaji

y y / i n * >a*i n i h d

onpn

ijo^ ν η η Η ϊ ψ ? r ö i r í a 1 1

γ ι ο ρ - i N ! ? " ρ ρ ρ η N ^ J *TÜ V V V n ^ î ?

NV? ? 1ÌOV>-IN IÌD> ΠΙΓ) V N ."pppri ν1?"7 "TV κ π η ρ ο ι y b x r i " p v j n

Rebbi Hiyya 3 7 in the n a m e of Rebbi Yohanan: Minhah

and

Musaph

prayers 3 8 , the Minhah prayer has precedence. They wanted to say, that is if there is no time in the day to pray both of them; but if there is time in the day to pray both of them then the Musaph

prayer has precedence.

Rebbi Zeïra in the name of Rebbi Yohanan: Even if there is time in the day to pray both of them, the Minhah Nathan bar Tobi

40

prayer has precedence 3 9 .

Rebbi

in the name of Rebbi Yohanan: Even if there is time in

the day to pray both of them, the Minhah prayer has precedence. But did we not state: "If somebody made Minhah prayer precede Musaph he has d o n e his duty."

prayer,

Retrospectively, but f r o m the start, not so 4 1 .

Explain it if the time for prayer has not yet arrived, as in the following: Rebbi Joshua ben Levi commanded his students: If you have lunch 4 2 and the day progressed to six hours b e f o r e you entered, then pray

Minhah

before you enter 4 3 . 37

Rebbi Hiyya bar Abba.

In the

prayed Musaph

b e f o r e 12:30 pm local

Babli (28a), the statement is R. Yoha-

time and now he is o b l i g a t e d for t w o

nan's own.

prayers.

38

39

Musaph

If on a d a y that r e q u i r e s a prayer, a person

has

not

Following the general principle:

"If a frequent duty and an infrequent

339

HALAKHAH1 one collide, the frequent one has prece-

to do it.

dence" (Babli Pesahim

42

114a, Y e r u -

Greek άριστον

shalmi Berakhot 8:1). It is reported in

later also "main meal").

the Babli (28a) that Rebbi

43

Zeira

("breakfast",

Even t h o u g h o n e s h o u l d

not

learned the rule not f r o m R. Yohanan

pray before 12:30 pm, it is p r e f e r a b l e

directly but from R. Nathan bar Tobi.

to pray too early than not to pray at

40

all. In contrast to the recital of Shema'

A student of R. Yohanan, whose

house was close to the Academy.

which is bound to rigid times, prayer

41

may be said too e a r l y as e x p l a i n e d

Meaning: If somebody did, w e

let him get a w a y w i t h it.

But if

later in this Halakhah.

somebody comes to ask, we tell him not

,y>:n ι υ η ι ι ί ν ψ rny>y π π ν n m n n i } ? » o n ηη?·) (Tosephta Berakhot

3:1) H o w m u c h is half o f Minhah!

Eleven hours

m i n u s a quarter 4 4 . 44

The Babli (26b) has a parallel

statement

in t h e

o>no$ :ny

n a m e of

Rebbi

Yehudah

which

is n o t

from

Tosephta.

. r w ) ) ? i V ^ r i ? r n ^ i n s o p i r o i n y a ο η ψ ? τ > η η "|5>ÎTI I Ö B

ΓΡρ-|> >?-» . J I ^ V ? V ? t J i n ? ν ? n s n p ì n i i n w a a - i ^ i n s n p i ν ι ψ ? niy^j

n m n -ny

f o n i r r a n ç n riiy^i

o>3-iyn ì y "nnri> n m p r i ν*

the

,α-iy n n ? n > 3 ? γ ι ν y ç

onyó

n n i o - r a y j ^ n n d ì i >ya

η ψ ρ ί η Ν!?

r r i IÇN

nnioj? ' r i ^ a i ? "pn oy\? n ç

nsqjpi .ιηίυρ!?

. N s n p i n i y y >riy) n n ? o i n y nN") i p i t » y > π η κ T h e r e ( P e s a h i m 5:1) w e h a v e stated:

nyy

"The p e r p e t u a l s a c r i f i c e is

slaughtered at 8:30 hours 4 5 and brought at 9 : 3 0 hours.

On Passover Eve

d a y s 4 6 it is sacrificed at 7:30 hours and brought at 8:30 hours, w h e t h e r it be w e e k d a y or Sabbath." Minhah

Rebbi Jeremiah asked:

Here47 you

at t w o and a half hours and here y o u m a k e Minhah

a half h o u r s ?

R e b b i Y o s e said, Minhah

make

at t h r e e and

prayer w a s n o t b o u n d t o t h e

340

CHAPTER FOUR

perpetual s a c r i f i c e of e v e n i n g but to i n c e n s e b u r n i n g 4 8 .

W h a t is t h e

reason? ( Ρ s. 141:2): "May m y prayer be prepared as incense b e f o r e Y o u , the lifting up of m y hands as the gift of evening." Take o n e hour f o r i t s 4 9 preparation and y o u m a k e Minhah at t w o and o n e half hours. 45

The count starts at sunrise. At the

hours before sundown. If the rules of

equinox, 8:30 in the day is 2:30 pm

prayer are derived from the rules of

(14:30).

s a c r i f i c e then the t i m e of

46

prayers should be fixed at 3 ' / 2 hours

The afternoons of the 14th of

Nisan and of the 14th of Iyar.

before sundown!

47

48

Regarding prayer, the Mishnah 1

Minhah

The evening portion of incense

states that Minhah is 2 /2 hours before

was burned at the time of lighting the

night.

c a n d e l a b r a , a f t e r all s a c r i f i c e s had

The next "here" r e f e r s to the

evening sacrifice which on ordinary

been offered (Ex. 30:8).

days is slaughtered at 8:30 hours, 3 1 / 2

49

The perpetual sacrifice's.

ο?ηψ Nnio v!?y Νη>ψ H3 π«η >011)31 oy >)pn)?7 oy D>>>33ion oy >ρ!?ο ΝΠ>ι ίθ>3Γ) ·)3 .ον ϊψ VÌÌPJ? Jiy> Ni*)? ny> :p>N τ>υη-^3

ΓΡΓΙ

la

>?-»

>?-) -»çn .oi»n_l7D rim

oy\? no n»n

Rebbi Y o s e ben Hanina used to pray w h e n the sun set so that the f e a r of H e a v e n should be on him the entire day long. Rebbi Y o s e ben Hanina said: May m y lot be with those w h o pray at sunset 5 0 . What is the reason? (Ps. 32:6) "For that, e v e r y pious person should pray to Y o u at the t i m e of xxa", at the time w h e n the day is pushed out 5 1 . 50

In the Babli (29b), the statement is

happens at t h a t time, t h e t i m e of

attributed to Rebbi Hiyya bar Abba in

prayer will have passed whereas if one

the name of R e b b i Y o h a n a n , also

plans for earlier prayer, one always has

Galilean sages.

Nevertheless, it is

space to accomodate emergencies. This

stated there that in "the West", i. e., the

opinion must be dated to the time a f t e r

Land of Israel, one curses those who

the work on the Jerusalem Talmud had

p r a y at sunset s i n c e if

stopped.

anything

Ml

HALAKHAH1 The root Dim appears only in the expression ηηπ 'ΒΠΒΐ.

While in the

where non w n i is the opposite of Tin rann "sunrise". The same verbal stem in

Babli this means "dawn or dusk", in the

Arabic means "to eliminate by force."

Yerushalmi it means only "sunset" as is

51

clear from Pesahim 5:1 (fol. 31c),

by n*o "to squeeze dry, suck dry".

n>> n ç y i

. M a i Ν j o i s ? a r f ΓΡΪΙ>Η

w n ? Νψρψι

.Νπη?>Ρ7

! M Η >:NN -ivi

Replacing the verb K*B "to find"

Ν ΐ η Ν "TN v-yi

γρερνι ηηηΝ

>> αη>η >>Î?T v i n ? "»OWN

t?

1 0 7 NDD ,ΝΙΠ NOÖ'N

ο ψ ψ t ù ì s nnyi l o p ? n » ^ i ^ n v >:n ION OÍ L7N*W> *>>(?

. o b i y ty i v m

T ? ? } } DJ .ÎMÇN

-IJ/5W noy) f o p ? nnl? νΛρ£ ν>>"> ΊΟΝ ,οψ ι ι ψ η - ι ^ ν >ΠΝ? n y p n w ^ p ' i ι Ο } - ο Ν ^ ? PWYRI? D>3IO ONY "ΙΓ»Ν - M nm-m i ^ ì NÍÍW n*T>o>»DW

.IMAN ΙΊΤ

VU;??

n i d o r i ya ο η ν υ ρ o n y -i)»v> ι π ν * m "inN -137 . o n y i .yrçhn

.^n-iç

OHVV "»V?^ ~>ΠΝ τη rrç

NID r j n a v m p n >

The maternai uncle of Rebbi Ada 5 2 had rolled up the kaftan of Rav on the Great Fastday 5 3 . He said to him: When you see the sun on top of the date palms 54 , give me my kaftan so that we may pray Minhah.

And when

the sun is on top of the date palms it is daytime. As 5 5 Rebbi Yohanan said (Is. 44:27): "He W h o said to the deep: dry up!", that is Babylonia, the filth 5 6 of the world. Rebbi Yohanan said 5 7 :

W h y is it called "the deep", because there the

dead of the Deluge were submerged, (Jer.

5 1 : 4 9 ) "Also in Babylonia the

slain of Israel will fall, also in Babylonia the corpses of all the e a r t h 5 8 did fall." It is written (Gen. 11:2) "They found a valley in the land Shinear and dwelt there."

Rebbi Simeon ben Laqish said, why is it called Shinear?

B e c a u s e t h e r e t h e dead of t h e D e l u g e w e r e t h r o w n 5 9 .

Another

explanation: Because they die in strangulation 60 , without light 6 1 or public

342

CHAPTER FOUR

baths. A n o t h e r explanation: Shinear, b e c a u s e t h e y are stripped o f w i t h o u t terumah

and w i t h o u t t i t h e s 6 2 .

b e c a u s e its rulers die as youths.

mizwot,

Another explanation: Shinear,

A n o t h e r explanation: Shinear, b e c a u s e it

p r o d u c e d a hater and e n e m y of t h e H o l y O n e , praise t o H i m .

W h o is

that? That is N e b u c h a d n e z z a r the evil one.

52

Rav Ada bar Ahava.

discussion of Rav's action is continued

T h e Babylonian

in the following paragraph. This group

scholars never prayed without wearing

of sermons is also found three times in

the kaftan with the precribed belt. It

Midrash

seems that the Yeshivah of Rav had an

Threni rabba, Petihia

i n t e r m i s s i o n b e t w e e n Musaph

12:7.

53

Yom Kippur.

and

Gen.

rabba

37:4,

23, Eccl.

rabba

In t h e f i r s t two, t h e r e is an

additional explanation of Shinear:

Minhah on Yom Kippur. 54

rabba:

Since t h e i r s y n a g o g u e s w e r e

outside the cities in the fields, the sun on top of the date palms may indicate a

land whose (Jewish) rulers study Torah as youths (but do not continue studying as adults.)

rather early hour but probably inside

58

t h e t i m e f r a m e a d m i t t e d by

of all mankind.

Rebbi

A

Only in the Deluge the slain were

Yehudah.

59

55

nyj "to pour out"; a later explanation

The text Kan makes no sense. In

Taking ivJiw as shaf'el of the root

the absence of manuscript e v i d e n c e ,

refers to ivi "to be a youth".

the text has been l e f t unchanged but

60

the translation follows Levi Ginzberg's

"strangulation." However, in Syriac the

conjecture that one has to read Kris "As

words means "suffering", which makes

to that", by a simple metathesis of two

sense here.

letters. The argument is that in a deep

61

valley running N-S, the sun on the top

had to use sesame oil which does not

of trees on the slopes of t h e valley

adhere well to wicks. Public hot baths

designates a rather early time.

were a characteristic institution of the

56

provinces of the Roman empire.

57

Latin situs "situation; filth". This p a r a g r a p h is an a g g a d i c

interruption about Babylonia;

the

62

In the Targumim, puum means

Since they had no olive oil, they

While in old times the exiles tried

to f u l f i l l t h e " o b l i g a t i o n s t h a t a r e

343

HALAKHAH 1 incumbent on the Land of Israel" also

were no longer observed there,

in Babylonia, in Talmudic times they

>a-p r p j n a j ® ν *

. H i n r m > >a-»

n>?H?vg

n i v »an? α ϊ .nin

Rav acted according to Rebbi Yehudah. rabbis, Rebbi Yehudah will not agree.

ψ.

rm>

If you do it following the

If you do it following Rebbi

Yehudah, the rabbis also will agree 6 3 . questionable

is more r e s t r i c t i v e than that of the

interpretation based on the topography

majority, if one follows Rebbi Yehudah

of Babylonia (which is a double valley,

one prays in a time frame acceptable to

but a very flat one) is unnecessary:

everybody.

63

T h e previous

Since the time frame of Rebbi Yehudah

n ^ a r n nannrr^aw iioo >a*i > 3 9 >3-17 n n ?

.rimari i a - i r i >? o a

N a * >a-i - ι η κ i n r i

. n i t ? o n > î j n ο > Γ ΐ 3 ψ - » n i l - ι π ί η η>η> a ^ y i m η ν ο ψ a v > i π η ρ κ ψ ïnmy π ι ψ O ' w n n lajpi α > η : π

ïV

v p u

rm?-;n

>3 n>rj"j ί>νο

n>ri\3>\y N 3 > n n

n)i»

u n ow?

vviiin>

m ^ p n ^ s j p a n m n i ê » > i > ty n j n

p y n n pp> r n m >n

>an dw? κηρ^η

From where about Neïlah64? prolong your prayers. 6 5 "

y»yr?

.roy o>w?n n ' w η> ϊ ψ in^iy v n ν^πί

l i a >a*va >oi> >an ί ο ν »a-» . * m > s r > i n " P n > > ρ

»an i ç n

i o n ndî

.rniavn Na*n

obiy iw;

(foi. 6c) . i r ò m ^ o > n y i

γι Ίίνηγ) »an ijnv

>a*ì owa

N»n

Rebbi Levi said: (Is. 1:15) "Even if you

From here that everyone who increases his

prayers will be answered. The argument of Rebbi Levi is inverted. There says Rebbi Abba, the son of Rebbi Pappai 66 , Rebbi Joshua of Sikhnin in the name of Rebbi Levi (Prov. 14:23) "In all excitement there is something superfluous; and the

344

CHAPTER FOUR

w o r d of the lips is but f o r deficit." Hannah, b e c a u s e s h e p r a y e d t o o l o n g , reduced the years of Samuel because she said ( I S a m . 1:22) "He shall d w e l l there forever" but "forever" f o r a L e v i t e is o n l y 5 0 years, as it is w r i t t e n 8:25): "At a g e f i f t y he should return f r o m the worshipping hosts 6 7 ".

(Num.

But in fact it w a s 5 2 6 8 . s h e w e a n e d him.

Rebbi Y o s e ben Rebbi A b u n said t w o y e a r s until

And here you say so69?

If h e e v e r said it, o n e f o r

private the other f o r public prayers. R e b b i H i y y a 7 0 in t h e n a m e of R e b b i Y o h a n a n , R e b b i S i m e o n bar Halaphta in the n a m e of Rebbi Meïr ( I S a m . 1:12): "When she prayed v e r y l o n g b e f o r e the Eternal," it f o l l o w s that e v e r y o n e w h o e x t e n d s his prayers will be answered. 64

The additional, f i f t h prayer

the boy could stay in the Tabernacle

close to the end of Yom Kippur and the

for the rest of his life. A Levite could

major fasts in a draught.

serve (as carrier) only to age 50.

65

68

The argument is f r o m the f u l l

There is no Biblical source that

sentence: "Even if you augment your

gives Samuel 52 years; this Yerushalmi

prayers, I shall not hear." Since Isaiah

tradition is the result of a computation

presents this as a particular curse, it

d e t a i l e d in Midrash

follows that, otherwise, if the people

Chap. 13, and is based on the assertion

i n c r e a s e t h e i r p r a y e r s they will be

{ISam.

heard.

two years, and on certain not obvious

66

principles of i n t e r p r e t a t i o n of t h e

Amora of the fourth generation,

Seder

Olam,

13:1) that Saul ruled only f o r

student of Rebbi Joshua from Sikhnin

Bible.

(Suknin in Lower Galilee), a student of

Samuel was still relatively young and

Rebbi Levi. Only aggadic material is

a f t e r w a r d s he never lived n e a r the

transmitted by these two sages.

Tabernacle again.

67

69

That additional prayer is always

dedication not in her prayer but only

good.

The answer is that a d d i t i o n a l

when she explained to her husband that

prayers a r e g u a r a n t e e d to be h e a r d

she would not come with him to Shiloh

only if the entire congregation prays

until she had weaned the baby, so that

together.

In fact, Hannah gave that detailed

Shiloh was d e s t r o y e d w h e n

HALAKHAH 1

m

In the Babli

somebody prays with the certain idea

(32b) he supports the negative opinion

that he must be heard. The Yerushalmi

of

clearly accepts the first statement of R.

70

R. Hiyya bar Abba.

Rebbi

Levi

in the name of

R.

Yohanan, at least in the case that

DON α ϊ

Levi but not the second one.

.Ί)ηί> >η-η a - j yn>3Ji>N

1 7 V >3*Ì -tphf

ηνΨ

n^V?? ί ο ν

riis ν κ ψ ύ ο > 3 η 3 η D>i?-ìfl r r ç h ^ a .onjw

ι η σ > ρ 7 p i n n ^ y j κ > η >ΓΙ»>Ν ρ η ν

" ^ n

ova .onisco

t>

n^V

, ρ η ν >a-i> Ηψ·>υτ?

.«luios

'"ì.V^ ^ V ?

>a*T)

ovai

ν η ^ η »

κη-ρη?*

o>oy?

OD>?3

.jmipyçai .OV3

W h e n is Neïlahl disagree.

T h e rabbis o f Caesarea say:

R a v and R e b b i Y o h a n a n

R a v said, w h e n the g a t e s o f H e a v e n a r e l o c k e d 7 1 .

Y o h a n a n said, w h e n t h e g a t e s o f t h e T e m p l e a r e l o c k e d . A n t o r d a y a 7 2 said:

And

Rebbi

Rebbi Yudan

A M i s h n a h supports R e b b i Y o h a n a n ( T a ä n i o t 4:1): " O n

t h r e e o c c a s i o n s d o t h e C o h a n i m l i f t t h e i r hands f o u r t i m e s in o n e d a y , m o r n i n g s , Musaph,

Minhah,

and at the l o c k i n g o f the gates: o n f a s t d a y s 7 3 ,

at support s e r v i c e s 7 4 , and o n Y o m K i p p u r .

M a y y o u say that t h e g a t e s o f

h e a v e n a r e l o c k e d w h i l e it is still d a y t i m e 7 5 ? 71

It is not clear when the Gates of

Heaven are l o c k e d .

72

An

Amora

of

the

later

M a y b e it is at

generations who must be younger than

sundown when the sun disappears, but

the Amora R. Yose. His name appears

it is more likely sometime a f t e r that

variously as K ' l i i n w , κ ' π ι η ι κ ,κητιηικ

when on a v e r y clear day one may

κηιηΐϊ.

notice a sudden darkening of the sky in

toponymie [ f r o m Antarados, on the

the middle of the gradual dusk.

Phoenician coast opposite the island

The

The

name p r o b a b l y

is a

gates of the T e m p l e w e r e locked f o r

city of Arados ( A r w a d ) .

the public at the time of the lighting of

mentioned in an old commentary to

the candelabra in the Sanctuary, which

Pliny (V 20). (E. G.)]

must be before sundown.

73

Antarados is

Publicly declared

additional

346

CHAPTER FOUR

fastdays in case of a draught.

at these prayers the Cohanim recited

74

Since the p e r p e t u a l s a c r i f i c e s

the priestly blessing an additional time

were offered from public money and in

b e f o r e nightfall, to coincide w i t h an

the name of the public, some public

additional prayer f o r that purpose. It

representatives had to be present at the

follows that the additional prayer was

sacrifice. For this purpose, the Land of

said year round on weekdays but every

Israel was divided into d i s t r i c t s and

week at another district.

each district sent a few representatives

75

to Jerusalem f o r the week to which it

recited only during d a y t i m e ,

was appointed. During that week, the

"locking of the gates" mentioned in the

p e o p l e of t h a t d i s t r i c t

Mishnah

conducted

Since the priestly blessing may be

must

have

been

the

during

special services with prayers that the

daytime and cannot have been in the

sacrifices should be accepted by God;

night, maybe not after sundown.

"T? ΓΡ> N3>nç

.Nil

l-l-J •Wtf?'»*

ο>-))/ψ

ΝίΓ) ΗΊΗ

F P ß ' h q rPlQN

>JV?I> >> i r v n >>Î?T ï i n ? -

ί ο ν nb ) y n n τ η ri

η^ψ i l

>ηη>τι

- i ç n n i d "pan α τ τ rpri\?>v> m r n H? ^

π ) γ ι ο m_ i o n

T h e maternal uncle of R e b b i A d a had rolled up t h e k a f t a n of Ra ν o n t h e great fast. H e said to him: W h e n y o u s e e t h e sun o n t h e t o p o f t h e date palms, g i v e m e m y k a f t a n s o that w e m a y pray t h e L o c k i n g o f t h e Gates.

T h e a r g u m e n t of Rav is i n v e r t e d .

T h e r e h e s a y s "the l o c k i n g of

t h e G a t e s of H e a v e n " and h e r e h e s a y s "the l o c k i n g of t h e g a t e s of t h e Temple. 7 6 " Rav Mattanah said: Since Rav needed a lot of t i m e t o pray, h e reached the L o c k i n g of the Gates of H e a v e n 7 7 .

76

Since the sun is on the top of the

ings.

d a t e palms q u i t e some time b e f o r e

77

It is clear f r o m h e r e that prayer

sunset, Rav cannot possibly pray at the

may start b e f o r e t h e closing of any

L o c k i n g of t h e G a t e s of

Heaven.

gates, it just may not end earlier. This

Hence, his deeds contradict his teach-

is the interpretation of Maimonides.

347

HALAKHAH1 (Levi Ginzberg explains that Rav, in

reciting prayers before the Amidah of

whose Yeshivah the Galilean

Neïlah.

Minhag

This interpretation is impos-

of reciting poetic inserts was accepted,

sible since "prayer" always means "the

did spend the time until sundown in

Amidah."]

rn\?ia n ^ y ? α ϊ ow? Njin

H^H >3-1 .any ϊψ -ήοοηψ inn n ^ v ?

. η ^ α η ΪΨ - p s t » Min :]Ν>π f o i n 3 i > ION r n η>> ΛΚΗ ,:ny *u? >3*1 >39)?

η>>

r n y y nainw τηυία ν ι ψ mn> -jnvi m i n >ai> mi>

πη >υν

- i m >\?3>η

y»

^ ' P f l ^í? η ι κ ; ηψρτ t ö nji> >3-> »wpNi n ç .Jiw)

nsn

^Ψϊ ">3 NIN >a-> ,ηιψν njiny) rivtpia ν ι ψ κιη»ψ >a*l ow3 ")io>p >3-1 ,αην

n n o ì s n£>)¡»

>31 >3ΓΙ"| ")ia

>oi> >3-) IÇN

rriçia

DÌ> >Νΐ»ί0?1

>N3Ì03 TTIWV D j i ö ^

tyùm

l i n ! ? » ρ >η>ρ VN

1?

0"TN D V ' t D ? p Ν»Π

May Neïlah free one from evening prayers? Rebbi Abba 7 8 , Rav Huna in the name of Rav: Neïlah

frees one from evening prayers 79 .

Abba said to Rav Huna: How may he mention havdalah80?

Rebbi

Rebbi Jonah

said to Rebbi Abba 81 : How may seven 82 free one from eighteen? He said to him, did I not already contradict it?

He said to him: Because you

contradicted it, should it be abandoned83? Rebbi Yose 8 4 said, what Rebbi Abba asked is truly difficult.

What Rebbi Jonah asked is not at all

difficult, they made it easy on people because of the fast, that seven should free one from eighteen.

Rebbi Abba bar Mamal 8 i said to his

colleagues: From all of them I understand that Neïlah

does not free one

from evening prayers. Rebbi Simon in the name of Rebbi Joshua ben Levi: Neïlah does not free one from evening prayers. Rebbi Yose bar Abun said: Did not Rebbi Hiyya state this: "Every day one prays eighteen

348

CHAPTER FOUR

benedictions, including the end of Sabbath, end of Yom Kippur, and end of public fast days86." 78

Rebbi Abba, the student of Rav

84

The A m o r a , c o n t e m p o r a r y of

Huna, taught the statement in the name

Rebbi Jonah.

of Rav Huna when he came to Galilee

85

and mentioned his own o b j e c t i o n to

leh in t h e v a l l e y of

Rav Huna's teaching.

Amora of the second/third generation.

79

Or, from Marnai (Khirbet MamGenezareth),

A c c o r d i n g to R a v ' s o r i g i n a l

He seems to r e f e r to the decision of

opinion that one prays at the Locking

Babylonian scholars, reported by Rebbi

of the Gates of Heaven, Neilah may be

Abba the Babylonian. This contradicts

started only when evening prayers may

the position of the Babli ( Y o m a 87b)

already be said. It does not make sense

which reports the opinion of Rav that

to recite two prayers at one time.

Neilah

80

p r a y e r s a n d e x p l a i n s t h a t , in

It will be explained in Mishnah 5:2

does f r e e one f r o m e v e n i n g the

that at the end of Sabbath or holiday

opinion of Rav, the evening Amidah

work is p e r m i t t e d only if

not really obligatory (and, h e n c e , is

havdalah

("distinction") was recited evening Amidah.

in

the

Hence, Rav's decision

seems to be impossible. (Even though

e l i m i n a t e d by t h e c o n t e m p o r a n e o u s Neilah.)

only on a cup of wine, in

Havdalah

is said over a cup

of wine.

it is possible, but undesirable, to recite havdalah

is

The next statement in the name of Rebbi Joshua ben Levi is strictly f r o m

particular a f t e r Yom Kippur when no

the Land of Israel.

fire is lit for havdalah.)

86

81

Mishnah 3; it explains the opinion of

R e b b i J o n a h , of t h e f i f t h

This baraita is a commentary on

Amorai'm,

Rabban Gamliel that a f u l l 18 bene-

apparently knew Rebbi A b b a of t h e

dictions have to be prayed t h r e e times

third generation.

every day (see the end of this Hala-

82

khah), including t h e end of S a b b a t h

generation

of G a l i l e a n

T h e seven benedictions of t h e

holiday

Amidah.

and Yom Kippur (against the opinion

83

If s o m e b o d y c o u l d f i n d a

of Rebbi Aqiba that on those occasions

satisfactory answer to your question,

there are 19 benedictions, including a

there would be no reason to abandon

separate benediction for havdalah), and

the ruling of Rav.

the end of public f a s t s f o r rain, to

349

HALAKHAH 1 exclude

the opinion

that

Neilah

Israeli position is thus supported by a

eliminates the evening prayer. The

tannaïtic statement.

π α ν ? Jii> ^ η ψ o n i £ P ? n o i > >i> 13 j r ç h n ? r n 0 Ψ 3 i>?03 -13 p r o p >3"» WNi

"payw

Ϊ13Ψ ^

113^3

"lo^o w i n ν)ίό3

IN

r o w n ϊψ

«10103 Π3ί3Γ) b y

ϊ χ *ÌN

Ji>3i»Tl?

j i i > n > n ^ n w J13V >i> "(a y w i n ? >3*) o v a n>>V T » p i N

VV-V

Win

>31

win

w ó

Π313Π3 η Ο Ι Ο ν κ ψ >3 ty I N η^13Γΐ3

- p ^ n n ? w j 3 η ο ι η V N V >Α ï y η Ν r o i n a η ν ρ > !?ηψ w i n ν ί κ η IV10?

Rebbi Isaac bar N a h m a n in t h e n a m e of Rebbi J o s h u a b e n L e v i 8 7 :

If

Y o m K i p p u r h a p p e n s t o be o n t h e Sabbath, o n e m e n t i o n s S a b b a t h in Neilah

e v e n t h o u g h there is n o Neilah

for Sabbath. T h e y a d d e d t o it: If

the N e w M o o n happens to be o n a public fast-day, o n e m e n t i o n s t h e N e w M o o n in Neilah

e v e n t h o u g h t h e r e is n o Neilah

for the N e w

Rebbi S i m o n in the n a m e of R e b b i Joshua ben L e v i :

O n a S a b b a t h that

falls o n H a n u k k a h , o n e m e n t i o n s H a n u k k a h f o r Musaph there is n o Musaph

f o r Hanukkah.

87

even though

for Hanukkah89.

These rules a r e i n s e r t e d h e r e

because they a r e about statements of Rebbi Joshua ben Levi in the order of Amidah prayers. 88

even though

T h e y added t o it t h e N e w M o o n that

h a p p e n s t o b e in it, o n e m e n t i o n s H a n u k k a h f o r Musaph there is n o Musaph

Moon88.

The one

exception is in the case of a prolonged

and

Thursdays

without

interruptions as explained in Tractate Taäniot. 89

In general, fasting is forbidden on

the days of the New Moon.

Mondays

The parallel in the Babli (Sabbat

34b) is in the name of Rebbi Joshua ben Levi only;

t h e r e the reason is

stated that "the day requires four (or

draught when one fasts while praying

five) prayers", and since the addition is

for rain.

required for some of the prayers it is

In such a case, once they

started the severe fasts, they continue

required for all of them.

CHAPTER FOUR

m . n y w

>3-) . w i n WNn ϊψ

Min " v ? ^ "jíon n ' e r t i ηνη!?

ΓΟ"}3 -1J0ÍK "IÇN N3>1NI U") .ΓΦ3}{3 DON

w i n vyNn

">3 N 3 N >3") Π Π ^ ? 1 Ç N

I N ? ΗΝ .RPY>3-) r m a ÎRYPIN O I P Ç - Î M WSIP n n N S N >3*> -IÇN •N3N >3->7 m r p N ^ J Í p a s p i

.N^RN

,r»>y»a-» n a n ? r n p i N

W h e n the N e w M o o n falls o n a fast day, h o w d o e s o n e m e n t i o n the New Moon90?

Rebbi Zei'ra said, in "thanksgiving".

R e b b i A b b a bar

Mamal said, in "Temple service". Rebbi Avina said, he says it as the fourth benediction.

Rebbi Abba said, h o w do w e find e v e r y w h e r e that he s a y s it

as the fourth benediction, here also as the fourth b e n e d i c t i o n .

A n d s o it

was acted upon according to Rebbi Abba 9 1 . 90

This p a r a g r a p h is e x t r e m e l y

for rain, known as ujy, must be recited

difficult to understand and the greatest

also for Musaph since the day requires

authorities of the Middle Ages, Rashba

that the benediction be inserted in all

(R. A b r a h a m ben A d r a t , on Babli

prayers. One may at least understand

Berakhot 32b) and Rosh (R. Asher ben

the position of Rebbi Abba that on a

Yehiël, to Chap. 5, #10) felt compelled

fast day for rain which coincides with

to emend the text. Since three of the

a day of the New Moon, one recites the

four p r a y e r s of the New Moon are

usual Musaph with an additional f i f t h

w e e k d a y p r a y e r s with an a d d i t i o n

benediction which deals with the fast

added in "Temple service" (η*τ, the

day, a f t e r the f o u r t h f o r t h e New

16th benediction in the Yerushalmi

Moon.

version) as given later in C h a p t e r 5,

Rebbis Zeïra and Abba bar Mamal

Halakhah 2, the only question can be

seem to imply that Musaph

about Musaph.

The dissenting o p i n i o n s of

on a fast

However, we never

day consisted of the introductory and

hear that the particular inserts in the

final benedictions that are common to

morning p r a y e r s of a fast day were

all

recited also for Musaph.

On the other

benedictions for the fast day, whereas

hand, as Rosh points out, the previous

the section on the New Moon, f o r

paragraph certainly implies that the

which Musaph

prayers

and

the

additional

is recited in the first

one benediction recited on all fast-days

place, is moved from its regular place

except Yom Kippur, not only on those

to an insert in either the 16th or the

251

HALAKHAH1 17th (Dmn, "thanksgiving", a

91

place

A reported action on an opinion is

usually r e s e r v e d f o r t h a n k s g i v i n g f o r

the best p r o o f t h a t t h i s is a c c e p t e d

past miracles) benediction.

practice, see Chap. 1, Note 125.

I i i ? ί ο ία » ¡ η γ ρ > i o n n>> - h o n

.ni^jpi n i : m

Ν ' Γ Π v y - p ΗΪ)

> p v > 3 i > n i p -mon N » p p s p

>3-»

. n a i ? r m > >3") o y > t n >

· ρ " Ρ Ρ " » P ì n ' p v >3-1 . " ρ ι ο ί ρ η ? ? ?

linaio ^

yji> >ηι

.ni^pi

ορ

v)n->3

.win

p "ijpiN γρπ N> N3N ΓΡ> -»ÇN Ν ΓΙ

"pyun rpiyri ia n o n ?

ymviin

ιηίρψ

nVHini?

ρ - ρ ρ n a Ί 3 n i v >3-> o y ?

ΝΙΓ) ^iiNö nvny J^N n>> ίιον

V"PP νπ-Ρ v)n Nini i>y*p iì^NI H? . n i ^ p ì r i ì D - j ? m i p n i n i p o D " ^ -ΐΝψ

W h a t does one read?

R e b b i Y o s e said, o n e r e a d s blessings a n d c u r s e s 9 2 .

Rebbi M a n a said t o h i m :

F o r e x a m p l e t o tell t h e m a b o u t t h e f a s t

day?

T h e y a r e l y i n g o n t h e i r b e l l i e s 9 3 a n d s h o u l d n o t k n o w t h a t it is a f a s t d a y ? H e said t o h i m :

T o tell y o u t h a t o n e r e a d s b l e s s i n g s a n d c u r s e s 9 4 .

Rebbi

Y u d a n t h e K a p p a d o k i a n 9 5 said b e f o r e R e b b i Y o s e in t h e n a m e o f R e b b i Y e h u d a h ben Pazi: O n e reads about the N e w M o o n .

Rebbi Y o s e

Rebbi Y e h u d a h ben Pazi.

H e asked him:

father?

M y f a t h e r did n o t s a y s o , e x c e p t t h a t a t

H e said t o him:

Did y o u h e a r t h a t f r o m

met your Eyn

T a b 9 6 , s i n c e t h e y k n o w f o r s u r e t h a t it is t h e N e w M o o n , t h e y r e a d a b o u t the N e w Moon.

92

H e n c e , at all o t h e r p l a c e s o n e r e a d s blessings a n d c u r s e s .

Both on the day of the New Moon

and on f a s t d a y s o n e r e a d s in Torah.

the

T h e r e a d i n g s a r e e x p l a i n e d in

Mishnah Megillah

3:6.

Babylonia on other fast days, Ex. 32:1114, 34:1-10).

In Babylonia t h e r e would

be no p r o b l e m s i n c e t h e r e two T o r a h

On the day of

scrolls were used to read both portions,

the New Moon, o n e r e a d s a b o u t s its

giving e a c h person a l a r g e r s h a r e to

sacrifices, Num. 28:11-15 (in Babylonia,

read. However, in Israel the Torah was

2 8 : 1 - 1 5 ) , a n d on f a s t d a y s f o r

not read in the B a b y l o n i a n

blessings and curses. Lev. 2 6 : 3 - 4 6 .

rain, (In

c y c l e but in an i r r e g u l a r

one-year three-year

352

CHAPTER FOUR

cycle with shorter readings and where

occasion is so serious that t h e T o r a h

the regular reading was postponed for

reading also is eliminated.

any s p e c i a l one.

95

For e x a m p l e , on

A scholar f r o m K a p p a d o k i a in

Sabbath Hanukkah, in Israel only t h e

Anatolia; he is a l w a y s m e n t i o n e d in

corresponding part of the d e d i c a t i o n

connection with the A m o r a

sacrifices (Num. 7) was read, whereas

Yose.

in B a b y l o n i a t h a t w a s s i m p l y

96

the

Rebbi

A f t e r t h e d e s t r u c t i o n of t h e

reading f r o m the second Torah scroll.

Academy of Jabneh and the move of

Similarly, for a Sabbath New Moon one

the Patriarchate to Galilee, the decla-

read in Israel only Num. 28:1-15 and

ration of New Moons and New Years

not the regular Torah reading.

Hence,

( b e f o r e t h e p u b l i c a t i o n of t h e p e r -

t h e r e is a s e r i o u s q u e s t i o n

which

manent calendar) did always take place

p o r t i o n to r e a d on t h e N e w Moon

at Eyn Tab "beautiful spring", known in

which is also a fast day.

Greek as Kallirrhoë

93

beautifully flowing one"); it possibly is

Meaning, falling on their faces for

p r i v a t e p r a y e r a f t e r t h e Amidah,

a

( κ α λ λ ι ρ ρ ό η "the

Hamat Gader. Since the sequence of 30

penitential service (ο'βκ nV'ii) that is

d a y and 29 d a y m o n t h s w a s

f o r b i d d e n on s e m i - h o l i d a y s l i k e the

determined b e f o r e h a n d , only at Eyn

day of the New Moon.

Tab was t h e day of t h e New Moon

94

fixed. Everywhere else one knew that

Not t h a t t h e r e a d i n g is to

p r o c l a i m a f a s t d a y , b u t it is t h e

it w a s c e r t a i n l y

reading a p p r o p r i a t e f o r a fast day. If

probably a day of the New Moon; the

one already eliminates the prohibition

certain

of f a s t i n g on t h e N e w M o o n , t h e

probable.

.inip

ro^? nvn>

rn>?N Ν Γ ΐ υ η κ » > ö n

win w ñ > p i p ia!?n

a fast day

not

has p r e c e d e n c e

over

n>»p-i? -im

and

the

ÎV>?1?

.win v w n ? V"PP ^

">5*

. o n i f l > i π3ί3Γ)> o ' v y i n > y m n > v ¡ ? > p ? o

p

Jeremiah the Scribe 97 asked before Rebbi Jeremiah: What does one read if the day of the New Moon is a Sabbath? He said to him: One reads about the New Moon.

Rebbi Helbo said before Rebbi Ammi:

The

Mishnah says so ( M e g i l l a h 3:6), "One interrupts for everything, for New Moons, for Hanukkah, and for Purim."

353

HALAKHAH 1 97

the maphtir

A scholar not otherwise known.

as in B a b y l o n i a .

The

As e x p l a i n e d b e f o r e , in I s r a e l o n e

parallel discussion of this and the next

i n t e r r u p t e d t h e r e g u l a r s e q u e n c e of

paragraph is in Babli Megillah 29b.

Torah reading, not just the reading f o r

,")nip n&a n s i s n a ηί>η>

w i n w í ó pn*> >ai>

íoinp

-

> 3 - 1 > 3 * η ΡΠ3>9 > : η . n s i s n a τ η ^ ) v i r » w î ô ? η ψ ^ ψ n s w D S τ ι ψ ^ ψ V")ip 13

ΙΡΤ

η ί > η > n s w n ϊ ν w i n v w i !?ηψ > y > n i n ΗΆ Η ^

I V ' " ^ V?n

1

*iç>n -j ? r p N

Isaac t h e trader a s k e d Rebbi Isaac:

and o n e f o r H a n u k k a h .

ion η}Η "W!

>a*i> î w y .·)ηίρ

η^ρψ ν>ι

. - 1 9 0 7 N31>>Ny N i n i Π>> -ION N * i a p >

M o o n that falls in H a n u k k a h ?

^

ν η o y > 3 r r ç ìv>9 Ν3>η\ *I?

. w i n W N i n ç n ç ÍOÍ* >ν>αηη n i

J i B O ç ΗΪΗ

pçrçp

nay?

.Win V Í Ó

What does o n e read o n a N e w

H e said to him: Three f o r t h e N e w M o o n

Rebbi Phineas and Rebbi S i m o n , R e b b i A b b a bar

Z a m i n a 9 8 brought it in t h e n a m e of Rebbi E u d a i m o n of H a i f a " :

Three

read of H a n u k k a and o n e of t h e N e w M o o n , t o tell y o u that t h e f o u r t h o n e c o m e s o n l y b e c a u s e of the N e w M o o n 1 0 0 .

Bar S h e l e m i a h t h e s c r i b e

asked Rebbi Mana: Think of it, if the N e w M o o n of H a n u k k a h falls o n a Sabbath, d o not s e v e n read? H o w can y o u say, to tell y o u that t h e f o u r t h o n e c o m e s o n l y b e c a u s e of the N e w M o o n ?

They asked the scribe101; he

said t o him: That is a true question of a scribe. 98

A student of Rebbi Zeïra.

a regular workday. On the day of the

99

A teacher of Rebbi Zeïra, Amora

New Moon, four persons read since it is

of the second/third generation. In the

a day with a Musaph

Babli (Megillah 29b) he is called Rebbi

Temple.

Dimi.

(and the maphtir

100

Usually on Hanukkah only three

people read from the Torah, since it is

portion).

s a c r i f i c e in the

On the Sabbath, seven r e a d reads one additional

Hence, it seems impossible

that t h e f o u r t h person should r e a d

354

CHAPTER FOUR

about Hanukkah. 101

Rebbi Mana's answer, that this is a

This p h r a s e is missing in the

p a r a l l e l s ( Y e r u s h a l m i Taäniot

really stupid question f r o m a scribe

4:1,

who has not l e a r n e d to t h i n k

by

Megillah 3:4) but it may be justified to

himself: Since one interrupts for the

assume that the question was not his,

Sabbath, it is clear that the reading of

but that he was asked by others on his

the New Moon, which occurs at least

authority as scribe to the rabbi.

16 times a year, has precedence over

Most

p r o b a b l y , as c o n j e c t u r e d by Levi

Hanukkah which occurs only 8 times.

Ginzberg, it is a second version of

-tv Ν ψ Ρ Ή

ino

>pip

n n i D N i l ^ i N i p "Tpa>p >51

"INE í o i a n i > » ί ρ ν - ρ κ n n i o N ^ i p s o Ϊ Ο Ί - α N » n r n >3 ÏHynyï

>31

N3>50

ION

.o>Np w a v

,D>Np NOÍ> Ί)> N ^ P I l >>S> ^ S P I

i n y a Jia^i >>>> b y n 3 n b b s j } ? i n ? >> i ç j n - t i w p n y i a b s N >pi> r n r i Nb-)

1?V> n o b N i r ? i y V i p i o mi*»*!?

ρ

w n p n

Ν)>3Π >31 " I-O τN I: NTτ rnON ΓΪΡ") r • τ s ιτ τ

>3*) m n >3·) -ION .jia^i

iip>t>7 7iyì

. γ π ί ρ η by b i n o V P ' P t o

.Ì*vy3: NOÌ*T 13 Ν5>3Γ) >31 J13^ Ί 3- 3: τ » ν τ · » *

Ν 3 Ν bbSJp? I N ? >b ΛΏΝ "ΤΠ^ p t t ì ì S b * N >©ί> >3") >3 bNVpyj? Π 3 Ν > "Tp3*0 > 3 1 7 Π}!??» r j n ? >3") . 0 > N p N O V

Ν^ΡΉ

tày..

I*"!

Τ\Ά\)

ϊψ

N*ÌÌ3>3 ' D Ì p t n ? N D>").ÌON

> > ^ 0 7 i n o n*)ì3>s > » i p t n p N n n i o N b * τ ρ ? η nv» - a N » n i n o » » b y οίη

n b y V D p n >n3> >3*1 Γ Ρ 3 7

.o>Np N p v

•N?b>b3 ina»? Ν3>1Γ) ")? 7 3 V N3>)r)l ")NO b ? N V y t >3"! "V?N . T V b iJIÌN N*m>3 >pip Ρ"ΡΝ nnÌONi

" T p ^ O >3*17 Ν"ΤΓ)? Nbl*

ïïb

^

. " d n n . i o N b τ ρ ρ η ν r i - α N » n >31 , o » p n » ì > t v >bs> >bsorf R e b b i 1 0 2 c o m m a n d e d his s p e a k e r A b d a n 1 0 3 :

Proclaim b e f o r e the

congregation that he w h o wants to pray, should pray e v e n i n g prayers as l o n g as it is still daylight.

Rebbi H i y y a bar A b b a 1 0 4 c o m m a n d e d his

speaker: P r o c l a i m b e f o r e the c o n g r e g a t i o n that he w h o w a n t s t o pray should pray e v e n i n g prayers as long as it is still daylight.

Rebbi H a n i n a

355

HALAKHAH 1

said: Rebbi Ismael ben Rebbi Y o s e 1 0 5 drew me to an inn and said to me: Here my father prayed Saturday (Friday night) prayers on Friday.

Rebbi

Ammi said: Rebbi Yohanan disagrees 1 0 6 but he should not have disagreed since one adds from the profane to the holy t i m e 1 0 7 ; in addition, donkey drivers c o m e from A r a b 1 0 8 to Sepphoris and say, Rebbi Hanina ben Dosa already did consecrate the Sabbath in his town.

But so it has been said,

that Rebbi Hanina said: Rebbi Ismael ben Rebbi Y o s e drew m e to an inn and said to me, here my father prayed Saturday night p r a y e r s on the Sabbath.

But even with that he should not have disagreed, since Rebbi

commanded his speaker Abdan: Proclaim before the congregation that he who wants to pray should pray e v e n i n g p r a y e r s as long as it is still daylight. Rebbi Hiyya bar Abba commanded his speaker: Proclaim b e f o r e the congregation that he who wants to pray should pray evening prayers as long as it is still daylight. In the house of Rebbi Yannai they said: If a man went to bed, one does not bother him to get up 1 0 9 . Rebbi Zeira said, all the time that I followed this rule, I was afraid in the n i g h t 1 1 0 . have only what Rebbi commanded his speaker Abdan:

You

Proclaim b e f o r e

the congregation that he who wants to pray should pray evening prayers as long as it is still daylight. Rebbi Hiyya bar Abba commanded etc. 102

After the discussion of the side

of Minhah

is until

5

/ 4 hours b e f o r e

issues introduced by the mention of

sundown for Rebbi Yehudah and until

Ne'ilah and fast days, the discussion

sundown for the other sages.

returns to the last part of the Mishnah.

corollary, the time of evening prayers

The text appears in modified form also

starts at 5 / 4 hours before sundown for

in Bereshit rabba 8:10, Pesiqta

Rebbi Yehudah and at sundown for the

rabbati

As a

23; the parallel in Babli Berakhot

27b

others.

disagrees fundamentally

the

Rebbi Yehudah, it is possible that he

with

practice explained here. According to the Mishnah, the time

Since Rebbi was a student of

simply f o l l o w e d

his t e a c h e r

and

himself was f o l l o w e d by his own

356

CHAPTER FOUR

student R. Hiyya. Perhaps it is assumed

came to listen to the sermon, since the

here that we already know the result

audience is called "congregation" and

of t h e next p a r a g r a p h , t h a t e v e n i n g

not "students", who were the w e e k d a y

prayer is not obligatory (this is also

audience.

accepted

104

in t h e B a b l i ) , a n d

that

He is Rebbi Hiyya the Great, in

because of this one p e r m i t s e v e n i n g

Rebbi's Academy, not the student of R.

prayer before sundown because it is a

Yohanan.

minor

Galilee

105

Ben Halaphta, the Tanna.

a p p a r e n t l y w a s not r e c i t e d in t h e

106

And insists that Evening prayers

synagogue.

may be said only after sundown.

obligation

and

in

T h i s is t h e

medieval

Ashkenazic tradition. [The Babli states

107

that evening prayers should be said in

Sabbath (and holidays) before sundown

t h e night, t h a t this is also R e b b i ' s

and end it after sundown, not exactly at

position, but that in c a s e of e r r o r ,

sundown. This obligation is not spelled

under very d a r k clouds, one does not

out in the Babli; its source is h e r e in

have to r e p e a t t h e p r a y e r w h i c h in

the Yerushalmi.

B a b y l o n i a was r e c i t e d in t h e syna-

108

gogue.]

of Kafr Kanah in lower Galilee.

103

It seems that his name was Abba

109

It is an obligation to s t a r t the

The village of A r r a b e h , North

If one forgot to recite evening

Yudan. In the talmudic academies, the

prayers.

head of t h e academy never raised his

that evening prayers are not obligatory.

v o i c e to s p e a k to a l a r g e class; he

110

explained what he had to say to one or

are not obligatory, it is the practice to

more speakers, Amoraïm, who spoke in

recite them for peace of mind, subject

a loud voice.

to the leniencies of Rebbi and Rebbi

It is probable that the

s i t u a t i o n d e s c r i b e d h e r e is t h a t of

R. Yannai c e r t a i n l y a g r e e s

Even though e v e n i n g p r a y e r s

Hiyya.

Sabbath afternoon when everybody

-IÇN t?N>>)pa •paw?

mio anyn

i o n » ? r i N a * I ? a p y ? >3"> n & N

γ π π ι ο υ η ' a n -ιών

n£>y? m v n η κ π i n o ì

.πινή n m

yy)in> r r »

. a n y bw r i n v i a n ^ y ? γ η n a i n i m .any

.nain Nrm>a Jinois

357

HALAKHAH1

Rebbi Jacob bar Abba 111 said: There, they did state, what is the status of evening prayer? Rabban Gamliel said, it is obligatory. Rebbi Joshua 112 said, it is voluntary. Rebbi Hanina said, this difference parallels the other difference: He who holds that evening prayer is obligatory, holds that Neilah does not free one from evening prayers. He who holds that it is voluntary, holds that Neilah frees one from evening prayers113. An Israeli Amora of the second

always follows Rebbi Joshua. T h e r e is

generation, s t u d e n t of Rav in Baby-

never a doubt that t h e r e c i t a t i o n of

lonia.

Shema' is obligatory.

111

His t r a d i t i o n f r o m " t h e r e "

(Babylonia) and the following story a r e

113

reported at great length in Babli 27b.

prayers a r e still n e e d e d f o r m e n t a l

112

health.

In a d i s p u t e b e t w e e n

Rebbi

But, as stated b e f o r e , e v e n i n g

Joshua and Rabban Gamliel, p r a c t i c e

nto t o n i m

.inn α τ ν η

>3τ η * ^Νψι N 3 y t i w *r>n>ri? η ψ ν ο

.nain nto t>?n .inn a i y n i t o ^ ^Ntopa ' η jus ^ n w n 3 ,ηινή

Tiov TVìn n>a>

τη>ρ to τ ο ν

.nwT to τ ο ν üvtnn? >3τ N m to

l a i jin

"T>p!?rin iniN τ η ν

n m n (foi. 7d) nD^nn

to -»on

>?-) nîT) to i o n .nain to i o n .inn 3τνη ito>£>jp !?Ntooi

t n ^ nto t o n mwT t o î n Nin b n vyyin> >3T> î>Ntooa i s t t o n V\thn> >3->i \y-iiTi n\ih> t?Ntom i s t n>m ,:ρτ>ν>Ί

^

.jiwt

τ ί ο ν to t o n

ni* T o a n îm-pnri Ji>asn u t > ITPNI o y n ï o « η ψ TV i t o n

τρίν

-

.oyn

o y n t o a iTpvi . ^ η η η -ion ) !?>nnn t î o n "ftnn ι ύ η >3τ> t î o n nhi

ìD>n

yf

.τ>οη qj^T

n>n"j ,na>w iwNTtos ν^οι^·)

? ^

^

OÇI^V!

n

TV>V νψ 1? na>wu n n t v i ? τ$ν>Ν

1? Νΐηψ t ö n >apo τ η ν η τ ί η ì ? Ninw η ϊ ί ο ν ι

2ψν Nn>py >3τ

>03 τη> to W>\y d iτ nτ >twn v nτi n N· : to ü w o tτ nτ >tv>n >aoo τ η ν otoña ••τ ·• ν ·· : τ ν ·· : ·.· · >τ>Ψν τντ η?ηψ η η ΐ ¥ 1? ν η otooat» ο ο ί ο ψ t ç n

^ Τ ty ίητ>η> ηη>η n o >?·) ,η3 ntonn> 13 3pv>

οψ ν η

no? - ) .Ντ\ν>

358

CHAPTER FOUR

yuN

>pv

.-i-jan n i n N b V7>?iyn i n >pn D>ODn > p » > r ) ty ο ψ

1)333 i d ì l l i

n . i n N ^ v?>?iyn ρ

^ ι η ο ψ v n j i ì n o vïy

>3") « m rrç ·)3>3Γΐ 1)9ri .ro>w>3 n n t y i ? - i > 3 i i b N n ^ N ο ψ τ ν η D^D >?i Î7N>>)?î 1 3 1 Ü7 Π ^ π "Τ?»

*T3V 3>JI> η > η ? ψ Ν >ÍN

π η ? 3 D>03n

t u s ì3>«nnv> o i > 3 n n t y 13

D Í I W IIVIW l » W y y P Í W 0>)33Γ) >*Τ>)3>3ΓΙ

>31 >IÍ ÍHN . i n > 3 3 i o » a ! p i n i o t n i s

. ψ - ρ ο >)>3 JW p n ?

n>>

ϊχη

. » η ιρκ ρ>·>Ν ΓΡ>

>31 > 3 5 • l ' ?

>ο η ^ r r ç » 13

n î t i w >η i b -IÇN .DÌD N3>Î?V >31 V i m ΓΡΝΙ

ϊχ η κ

ïï^'P

^ ">8Ν

,^οηρ

τπ η η ΐ ν is

->9$

MQH

i t » i ? n m y ">ντ!?

ri^n ι ? η·ΐ»> i n « n | n i s n ^ I n ^ n ι Ο

.!7N>1?)3J 1 3 1 b y

ΟΓΙΚ") >ìnì o r s i n i ^

.γη η>3 i n ϊ ϊ ι ϊ ν

η!?!?»

n!?ís ί τ ύ π ^ η i J i w n n i n Hb 15 >3

It happened that one s t u d e n t c a m e and asked Rebbi Joshua:

W h a t is

about evening prayer? H e said to him: It is voluntary. H e asked R a b b a n Gamliel: W h a t is about evening prayer? H e said t o him: It is obligatory. H e said to him: But Rebbi Joshua told m e that it was v o l u n t a r y . H e said to him: T o m o r r o w , when I enter the assembly hall, stand up and ask m e about this practice. The next day, this student stood up and asked R a b b a n Gamliel: W h a t is about evening prayer? H e said to him: It is obligatory. H e said to him: But Rebbi Joshua told m e that it was voluntary.

Rabban

Gamliel said to Rebbi Joshua: Are you the one w h o says it is v o l u n t a r y ? H e answered him: No 1 1 4 . H e said to him: Stand up on y o u r f e e t so that they m a y testify against you. Then Rabban Gamliel was sitting d o w n and lecturing while Rebbi Joshua was standing up until t h e p e o p l e s t a r t e d talking and said to Rebbi Huzpit the interpreter 1 1 5 : Send the people home. T h e y said t o Rebbi Z e n o n t h e hazanUb:

Start!

H e said: Start!

All t h e

people stood up and said to him (Ν ahum 3:19): "Certainly, on w h o m did your evil not pass always?"

T h e y w e n t and a p p o i n t e d 1 1 7 Rebbi Eleazar

359

HALAKHAH1

ben Azariah to the Yeshivah when he was 16 years old 1 1 8 ; his head became all white. Rebbi Aqiba sat and was sad; he said, not that he is a greater Torah scholar than I am, but he comes from a greater family than I do; hail to the man whose forefathers created merit for him, hail to the man who has a peg to hang on to. What was Rebbi Eleazar ben Azariah's peg? He was the tenth generation after Ezra 119 . How many seats were there 120 ? Rebbi Jacob ben Sisi 121 said: Eighty seats were there of accomplished scholars, not to count those standing behind the railing. Rebbi Yose ben Rebbi Abun said 300 were there, not to count those standing behind the railing. (Mishnah Zebahim

As we have stated there

1:3) "On the day Rebbi Eleazar ben Azariah was

appointed to the Academy." 122

There (Mishnah Ketubot

4:6) we have

stated: "This inference did Rebbi Eleazar ben Azariah present before the sages at the vineyard of Jabneh." Was there a vineyard? It means that the scholars sat there in rows like vines in a vineyard. Rabban Gamliel went immediately to pacify each one in his house. He came to Rebbi Joshua and found him occupied with the making of needles 123 .

He asked him:

This is how you earn your living?

answered him: Until now you did not know?

He

Woe to the generation

whose caretaker you are! He said to him: I humble myself before you. They sent a washerman to Rebbi Eleazar ben Azariah, but some say that it was Rebbi Aqiba. He told him: The sprinkler, son of a sprinkler, should sprinkle.

Should anyone who is neither a sprinkler nor the son of a

sprinkler say to the sprinkler: your water is water from a cave and your ashes are ashes f r o m a fireplace 1 2 4 ? He said to him: You made your peace with him! I and you shall go in the morning to Rabban Gamliel's door. Nevertheless they did not remove him from his dignity but made him head of the court.

360 114

CHAPTER FOUR Since Rabban Gamliel went to

119

His family was of e q u a l r a n k

great lengths to insist on u n i f o r m i t y ,

with that of the Patriarch. In the Rome

not o n l y of p r a c t i c e , b u t a l s o of

manuscript, there is an addition that he

doctrine, Rebbi Joshua, the

most

alone was as rich as the Patriarch (and,

important m e m b e r of the g e n e r a t i o n

hence, had the money to deal with the

p r e c e d i n g R a b b a n G a m l i e l , did not

Roman government).

want to start a quarrel.

120

115

in the Babli (28a), w h e r e t h e question

T h e "Amora" of R a b b a n Gam-

liel, one of the "Ten Martyrs". 116

T h e hazan

was not o n l y

This insertion is more detailed

is discussed h o w m a n y s e a t s the

added

were

when, w i t h t h e d e p o s i t i o n of

r e a d e r in congregational prayers, but

R a b b a n G a m l i e l , a l s o his

also the general organizer of religious

exclusionary policies of admission to

affairs.

the Yeshivah were scrapped.

In o u t l y i n g c o m m u n i t i e s he

elitistic

The

the

insertion is Amoraïc, as is shown by the

c o n d u i t t h r o u g h w h o m q u e s t i o n s of

names of the authorities and the quotes

religious p r a c t i c e w e r e a d d r e s s e d to

from the Mishnah.

the Academies. Here it seems that he

p a r a g r a p h and the following one a r e

had to recite the prayer at the end of a

Tannaïtic.

study session discussed in t h e n e x t

121

H a l a k h a h , t h a t it was c u s t o m a r y to

generation, contemporary of the Amora

start with a Bible verse and t h a t the

R. Yose, o l d e r t h a n R. Y o s e ben R.

people spontaneously chose one which

Abun.

was a curse on the speaker.

122

117

of tractate Idiut was presented on that

was t h e r i t u a l s l a u g h t e r e r a n d

In t h e Y e r u s h a l m i , " a p p o i n t "

The

previous

A Galilean Amora of the f o u r t h

In the tradition of the Babli, all

(nan) is the equivalent of t h e Babli's

day.

"ordain" ("|»D).

123 In the Babli, his profession is given

Rebbi Eleazar

ben

Azariah was ordained the same day he

as charcoal-burner.

was appointed head of the Synhedrion.

124

118

ritual of the ashes of the red h e i f e r .

In p r e - w a r Poland, that was the

usual age f o r sëmikha.

(In the Babli,

the age is g i v e n as 18 years.)

The

The argument is taken f r o m the

The ashes have to be given into "living" water,

drawn

from

a

stream.

difficulty of this a g e d e t e r m i n a t i o n is

S p r i n k l i n g t h e w a t e r was not a re-

discussed at length by the author in The

s e r v e d p r o f e s s i o n , b u t it m a y

Scholar's Haggadah,

assumed that the care of the ashes, and

p. 265-266.

be

361

HALAKHAH 2 supervision of the cleansing ritual, was

non-Cohen should not p r e s u m e upon

in the hands of the priests, of whom R.

his duties, so an outsider should not

Eleazar ben Azariah was one. Hence, it

presume

was i n t i m a t e d to him t h a t just as a

Patriarch.

taluni

\ y - n n n n>a> i n o o p a

>3N >3io>3Da in1? i o n ,>¡?>0

ty

tyajyia

m

u p o n t h e d u t i e s of

n > n r o j ? n 13 n o i n ?

ro>\? n ç i!? n m

λ

the

ÎI)v»

.rmp

i r m >JN ' J I N ^ ' I Í n > ty rbytT) v i y i r i Ηϊψ

r p

Mishnah 2: Rebbi Nehoniah ben Haqqanah 1 2 5 used to recite a short prayer when he entered and when he left the house of study. They asked him, what kind of prayer is this? He told them: When I enter, I pray that no mishap should come through me and when I leave I give thanks for my lot. 125

A Tanna of the second g e n e r -

ation, t e a c h e r of Rebbi Ismael.

authorship of Sefer Habahir

In

and many

mystical teachings.

Medieval mysticism he is credited with

Ηϊψ

»riiaN >n>Nì linon η* noçj

Λ

ή ΐ η >n> -IOÍN i n ® ί π ο υ ρ η

*

»3N m i n - i o ì n n n ç ì j i n ^ u i

nrii

ni»p5? >rni vn*j»n j v i >3Vh»n

nityri h ï

· ΐ > > η ν 1ΓΊ

ΐ)0Ν3ψ π η ψ

ηΛη

ντ>£>ί?> > 1 3 0 N ^ Ì n ^ D T » ? " T ^ R N

'JINiM??) .-ΙΐυΝΓΙ Π Ντ V J O N ^ I -»DiöD ΓΙΝτ "ÓONÌ H Ï Vτ : : τ τ · τ ν: ?

i n i "Tpivy >JN

Λ

.Nan

.ΝΟ\3Π ΓΙΝ? I D·· O ) ·· τ τ : n * n o!?ìy>

??riw

'ti^ni >n>N

η ν σ ^ ΐ ρ 'na?1» n ^ o n r i > r m

10) ·1"!>> lì vnV?

>p>n

>?n .V"Tî?w

, η η ψ JIÌN"!> I T P Q ì r m tCj !?ÌNY>} > ψ ? )

Halakhah 2: What does he say when he enters 126 ? May it be Your pleasure, o Eternal, my God and God of my fathers, that I should not be

362

CHAPTER FOUR

offended by my colleagues and my colleagues should not be offended by me; that we should not declare impure that which is pure, nor declare pure what is impure; that we should not forbid that which is permitted, nor permit what is forbidden and I would be ashamed in this world and the world to come. What does he say when he leaves? I thank You, o Eternal, my God and God of my fathers, that You ordained my lot with those who sit in the house of study and in synagogues and You did not ordain my lot in theaters and circuses 127 . For I toil and they toil, I am diligent and they are diligent. I toil to inherit the Garden of Eden, but they toil for the pit of destruction as it is said (Ρ s. 16:10): "Certainly, You will not abandon my soul to the pit, You will not let Your pious ones see destruction." 126

The text in the Babli (28b) is

127

This does not imply that Rebbi

similar in content but d i f f e r e n t in

Nehonia a c c e p t e d the d o c t r i n e of

formulation.

The manuscripts of the

predestination as conjcctured by L.

Babli and the quotes in M e d i e v a l

Finkelstein r a n maxi man 'pnoV man)

authors differ widely in language.

(a neos .«''»η ρ ι ν vi ,inj.

' ï i t a N >ni7Ni >rùNi * qf^a^n l i s n >n> λ ο ί ν i n ç i r i s a n *ιι™ι> n>vï)

.m!? ^

rjrniJi «rupi

.m>

n>yri

επν

ϊχ

ïy wriiow n ^ r i

D I N JIN?Î? H Ï ) D I N

Π ί Ο ψ ψ η θ ' ! ? 3 ) 3 13(70*1^1 .qpy

ΠΙ*

by

wriioi?

1 3 m > ΐη>3}ί T p i n u o y ηψρπ·)

η®

Rebbi Pedat in the name of Rebbi Jacob bar Idi 128 : Rebbi Eleazar used to recite three prayers. What did he say after his prayer? May it please You, o Eternal, my God and God of my fathers, that nobody should come

m

HALAKHAH 2

to hate us in his heart nor should we hate anybody in our hearts, that nobody should be envious of us nor we envious of anybody. May Your Torah be our occupation all the days of our life and may our words be supplications before You. Rebbi Hiyya bar Abba added: Make our hearts singleminded in the fear of Your name, remove us from all You hate and bring us close to all You love, and deal with us in charity for Your name's sake. A list of similar prayers after

Jacob bar Idi, student of Rebbi Yo-

the Amidah is given in the Babli, 16b-

hanan and colleague of Rebbi Eleazar,

17a, where a different text appears in

rather than from his own knowledge of

the name of Rebbi Eleazar.

his f a t h e r ' s p r a c t i c e s .

128

It is

He

also

remarkable that Rebbi Pedat, son of

emphasizes that his father prayed three

Rebbi Eleazar (ben Pedat), gives his

times, including evening prayers, as

father's text in the name of Rebbi

noted in the previous Halakhah.

, o > r ) » n n»n>? * π γ ι ν - j m -»nto - j n s i n w ) ? l y i s n ι η ρ κ >ío> >α*ι γ ρ : π • η ρ l i o ρ ^ η a i o ι > >> i r m ^

*

"pin >n?

^ N o n >íia~i

.DD10) n n i n b a y ) w a j i a i o vi?}·) n a i o γ χ a i o o w a i o - a o η η ? η > w r n n N >nri ì7nì n i n a n i o

nn>w w w y r i

n i o p n !?NÌ D i ' ) ->ψα rojpjp >-n> ì i ? * " ! ^ ^NÌ ·)ΐη

. n a n ) ? ojia-iDi n o i y p o n j ^ ç y

.w>n>? r n n p a n^nj?)? ïïTV I ^ D

w??

aio

u à qpv) w m p n

N^I

0 7 1 ι ψ α >ι>α w>rii3itjp

ΠΜ .^JÌ^-I >wiy o y ^ n n i n ?

In the house of Rebbi Yannai they say: He who awakes from his sleep must say "Praised are You, o Eternal, Who resurrects the dead. My Lord, I sinned before You. May it please You, o Eternal, my God, that You might give me a good heart, good part, good inclinations, good hope, good repute, benevolent eye, good soul, meek soul and meek spirit. Your Name should not be desecrated by us; do not make us a byword in the mouths of all creatures; our future should not end in destruction, nor our hope in

364

CHAPTER FOUR

sorrow. Do not let us need the gifts of flesh and blood, do not deliver our subsistence into the hands of flesh and blood, for their gifts are small but the shame is big. Give our part in Your Torah with those who do Your will, build Your house, Your Temple, Your city, Your Sanctuary quickly, in our days 129 . 129

This paragraph appears among

prayer

rites,

the

corresponding

the morning benedictions in the Siddur

Babylonian prayer (Babli 6 0 b ) is

of Rav Amram Gaon.

universally accepted.

Ι ί ΐ η ψ iJ>rruN >31 . N i n

In modern

wrùN

q>3a>n l i s i

•>·>

w r i i i N o v m ) Hty

no>>y> r a w n

.·)? π ' π ψ ι ? - i n a - r ç p n n n i x » ¡ £

Rebbi Hiyya bar Abba prayed

130

N i l - a N » n >:n

tù

: May it please You, o Eternal, our

God and God of our fathers, that You may put into our hearts to do complete repentance before You so that we should not be ashamed before our forefathers in the World to Come. Rebbi Yudan ben Rebbi Ismael 131 made it permanent that his Amora should say this after his explanations. 130

This is Rebbi Hiyyà bar Abba's

personal prayer.

131

The previous text

Galilean Amora of the third

generation who was known for his

mentioned in his name was his version

great piety and assiduous study.

of Rebbi Eleazar's prayer.

>niiN >n>Ni >n>hf *

l ü n >η>

Ì3N) nais-) niwite u j u m t p y nt»>vaw ηίΝψ i D ^ p >01 >rii3N

*

η ψ Ό ν ^ ο ψ Η - o o i r o n >2-1 νηη

ï y Y?iy n>ayrr) Ί Ή ψ η ψ

UNI >(an ΓΙΝ rjíis-j n i w ^ o > a » o >n> N'JN

.ia

iiíiü-jp n j i ^ l n w v í l ι π ν υ ρ τ η

nb m

γηψ

yrm

365

HALAKHAH 2

Rebbi Tanhum the scholar 132 prayed: May it please You, o Eternal, my God and God of my fathers, that You may break and remove the yoke of evil inclinations from our hearts since so You created us to do Your will, and we are required to do Your will. You desire it and we desire it, who obstructs? The sour matter in the dough! It is obvious and known that we have no power to resist. But may it be Your pleasure, o Eternal, my God and God of my fathers, that You may remove it f r o m us, subdue it, so that we may do Your will as our own with a willing heart. 132

A title, σ χ ο λ α σ τ ι κ ό ς "scholar",

(17a) in the name of Rebbi Alexandri.

also f o u n d in a n c i e n t s y n a g o g u e

13 may mean "son of"; it also may mean

inscriptions.

"endowed with the quality of",

The prayer, with minor

variations, is reported in the Babli

ρ ψ π ψ >ym*f

*

"Ρ*! >η>

rnrj ì j n v >α*ι

ΐ3>>ια?ι r o n r i ì r n ^ m J i n n y w a i o η>>^Γΐί J i i j n i oitrç» ΠΙΠΝ) r a r j N ο ο ψ } · ) ι ί υ i n n - ) l i o ι > « ^ τ η y j y 13? W R î p o ? w n y j i o n > p > r i ?

.raw!? Rebbi Yohanan prayed

133

r n i p rpjç!? Ν ί π )

: May it please You, o Eternal, my God and

God of my fathers, that You may make dwell in our marriage couches love and understanding, peace and friendship. Let our end suceed in future and hope, increase the students in our boundaries. May we enjoy our part in paradise; grant us a good heart and a good colleague; may we get up and find 134 , and may the quiet of our minds come before You in kindness. The prayer of Rebbi Yohanan in

meaning seems to be that he prays for

the Babli (16b) is completely different.

133

a marriage that always retains the

The first prayer uses the wording of

feelings of the wedding day.

the last benediction at a wedding; the

and hope" means "existence in the

"Future

366

CHAPTER FOUR

Future World."

lems that remained

134

previous evening.

Find the solutions of all prob-

>> ρ1?ηψ

i u n

M?H

,>p>o

unsolved

the

^ . a i o ny^ijö 1 »

"When I leave I give thanks for my lot 135 ." Rebbi Abun said, to God Who alotted me knowledge and good works. 135

Quote of the last clause in the

Mishnah.

the mindless from responsibility if they

Rebbi Abun seems to f r e e

do not live a religious life.

üwin> >3*η .πί.Ψ>) Γφοψ i c a r i o d-tn o v " ! m -iniN v?3 innari

136

ìli

> ni*»»

7rywy DN -»»IN NI>PV >3-1 .rn.^v njioy) !>}?£ ^PW . r n y j y η ? ί η ψ w o iNb ONI r n y y

Mishnah 3: Rabban Gamliel says: Every day one prays 1 3 7 eighteen benedictions; Rebbi Joshua says, similar to eighteen benedictions. Rebbi Aqiba says, if he is f l u e n t in his p r a y e r then he prays e i g h t e e n benedictions, otherwise similar to eighteen benedictions. 136

In the Kaufrr

137

η manuscript of

For the Amidah.

The shortened

the Mishnah, the vocalization is n y j w ,

v e r s i o n of R e b b i J o s h u a

a reading not found in other traditions.

discussed in the Halakhah.

r o i o v > "τ??? " > o ì n '"te 13 ϋ γ η τ η

on

, r m o v ? >> '

ηΊΐ.ψν r m o y n o b ì

will

be

:> τ α / ϊ η

(foi. 8a) ϊ ψ w n i j o aìJis^i

n p N ·)?>? , p 3 > o M i n n>> D>ÌJ w i n η r f r ii? - l i n ^ i n rn.Y>y y y ^ ο ™ ^

n o n *ρο!?ΓΙ>

^

ΐΡΊ* .•jn^aip ν η ψ π

ιΟ") í ^ a ^ o r i inib íjns

m

HALAKHAH 3

H a l a k h a h 3:

And why 18 1 3 8 ?

Rebbi Joshua ben Levi says,

corresponding to the 18 psalms that are written from the start of Psalms to (Ps. 20:2): "May the Lord listen to you on the day of need."

If

somebody would say to you they are 19, tell him (Ps. 2:1) "Why are the Gentiles in upheaval" is not in the count 139 . From here they said that one who prayed and was not answered needs to fast. Rebbi Mana said, a hint that a Torah student must say to his teacher:

May your prayers be

answered 140 . 138

The list of the Yerushalmi is

139

In most of Talmudic sources,

quoted at length in Tanhuma Wayyera

Psalms 1 and 2 form one song.

To

1, and from there in other Midrashim.

compensate, Ps. 116 is divided in two.

The Babli (28b) has a shorter list with

140

different names; many allusions given

David by his students (or the Syn-

here are not in that list.

hedrion).

"TOiy o-jNV)

Since Ps. 20:2 is adressed to

Γ η ι γ ; } ψ n v > i n rny>y n ? i n y t m ή ο > ο »an ΛΟΝ

.tjiöD >» ·>·> ΓοηηΝπ

oü\? n o .1^33 n w ^ ryns Χ ο ί ρ ο ι

Rebbi Simon said, corresponding to the 18 bones in the spine since when a person prays he has to bend all of them bowing down. What is the reason? (Ps. 35:10) "All my bones shall say, o Eternal, who is like You? 141 " 141

In the Babli (28b), this reason

Levi who notes that, when bowing

for the number 18 is given by Rebbi

down in prayer, all joints must be

Tanhum in the name of R. Joshua ben

moved.

ΊΟΝ ,O>>N m 1ί>3ξ? Ί 2 3 V?'» !?Ν 3>31?)Ύ) .ont

u n ? 3ìriD^ η ί - ο ^ η τη'ψν ^ "ήηΝ

ΠΊψν νηνρ CHN

>3-1 >nip >θί> >3-1 >3 "»ÎV^ ^ o>yy>i3 ^ y i

rn

ìy

QK ΓφΠ >3*) ^ηη

.Γ03?3 0>03Π

>?rini η>> -ijon ,ο>>ηη i r i D n

368

CHAPTER FOUR

•j!? JI>N

n j i a a *TVJ

nono?

ona

. r m i N ήη3>)? N - j m ï q ç r ^ ! ? Rebbi L e v i 1 4 2 said, corresponding to the 18 D i v i n e N a m e s written in (Ps. 29) "Give to the Eternal, o sons of the mighty." Rebbi Huna said: If it were said that they are 17, tell him the one against sectarians the Sages fixed already at Jabneh 1 4 3 . Rebbi Eleazar ben Rebbi Yose objected before Rebbi Y o s e , but is it n o t w r i t t e n (Ps.

2 9 : 3 ) "the G o d of

Glory

thundered 144 "? H e said to him: Has it not been stated: He takes together the one against sectarians and sinners in "He W h o subdues offenders" 1 4 5 , the one for elders and proselytes in "Assurance to the righteous", and the one for David in "He W h o builds Jerusalem." 1 4 6

Then y o u h a v e e n o u g h

to have a Divine name 1 4 7 for each one of them. 142

In the Babli, this is a statement

eighteen benedictions have the same

of Rebbi Hillel, t h e son of Rebbi

status.

Samuel bar Nahmani.

144

Also the fol-

lowing discussion has a parallel in the

The mention of God introduces

a nineteenth Divine name.

Babli.

145

143

This implies that the benedic-

Rebbi Huna's question is an

tion containing the curse upon apos-

attack against all who try to find a

tates and sectarians (i. e.. Christians)

reason for the eighteen benedictions by

was not newly introduced at Jabneh but

pointing out that in the 500 years

that it was a modification of an old

between the institution of formalized

benediction directed at those who

p r a y e r by the Men of t h e G r e a t

wantonly transgress the commandments

Assembly and the S y n h e d r i o n of

of the Torah.

Rabban Gamliel, the Amidah

number of benedictions instituted by

prayer

Hence, the original

consisted of only 17 benedictions.

the Great Assembly was 18.

Rebbi Huna's answer, not very satis-

benediction has been c h a n g e d in

factory, is that the eighteenth bene-

Christian

diction is also an institution of the

recognition. The text of Jabneh must

Synhedrion, the legal successor of the

have been close to today's Yemenite

Great Assembly, and, t h e r e f o r e , all

version: D ' i t o "53 ,ηιρη 'πη

surroundings

The

beyond

nnaiwaV

HALAKHAH 3 n p » n ι π τ nwVoi na«·· y¡n3 n n o i n n i Ί3ΐ»

Λ

ηηκ η η 3

.ij'B'3 m n a n a v n i

m .

one for the Davidic dynasty alone in benediction 15.

H e n c e , Psalm 29

.D'il V3301 0'3'IK

accomodates both the Galilean (18)

146

This is the Israeli version which

benedictions based on the number of

has no separate benediction asking for

mentions of the Tetragrammaton, and

the return of the Davidic rulers.

The

the Babylonian (19) versions, based on

Babylonian version has no mention of

all invocations of the Deity in t h e

the Davidic dynasty in the prayer for

Psalm.

rebuilding Jerusalem; it is retained in

147

The parallels m a n * ,ηνοτπ in

today's Yemenite prayerbook. Current

this paragraph show that in the times

A s h k e n a z i c and Sephardic versions

of the Yerushalmi the sounds of τ /ζ/

combine

and soft τ 131 (voiced th) were almost

the

Israeli

prayer,

for

Jerusalem and the Davidic dynasty in

indistinguishable.

benediction 14, with the Babylonian

. r n t a a v i m ? τ ι ί η κ ψ c p p y ? η - ι ψ ν n ? i o y ) t » ? o r p > a >?-> OMJ ro>?o >?-» n s ? <> n i n · ) iì? - ó n y i n r n y v y W O M N-IP?·) iti -RINÇF IN RNY>V

DIN ÏÏV

ηQN> ON .ipi»? ρ η * ? DN ."PRO>» NID JI>> v ï y

.•prp>n ρ η ? η o r i n i N >JrâNt ο ν ή ·>ηψ Rebbi H a n i n a in the n a m e of Rebbi Phineas:

Corresponding to the

e i g h t e e n t i m e s t h e P a t r i a r c h s a r e m e n t i o n e d t o g e t h e r in t h e T o r a h , Abraham, Isaac, Jacob. If s o m e b o d y will tell y o u that there are n i n e t e e n , tell him that (Gen. 23:13) "Behold, the Eternal w a s standing o v e r him" is not c o u n t e d 1 4 8 .

If s o m e b o d y will tell y o u that there are s e v e n t e e n , tell

him that (Gen. 48:16) "My n a m e should be called o v e r t h e m , as well the names of m y fathers Abraham and Isaac" is counted 1 4 9 . 148

Since Jacob is not mentioned in

that verse.

149

Since

Jacob

is

mentioned

implicitly; he speaks about "my name".

370

CHAPTER FOUR

ΐΓοψ

ivìva

rn.yy n i i n y

13 3Ν>>ΠΝ ί Π Ν ΐ ρ

· η ) 3 " | 3 π ν >3"! o w a > 3 9 0 3 Ί 3 t r ç o n y i >3"!

•η!?}} Ν ΐ ί n a

>3"! - « ρ Ν

ΐΐψ*ιτ33

. » a a p ! n>ait> t v Rebbi

Samuel

bar

Nahmani

in

the

name

of

Rebbi

i ç ^ n x

Yohanan:

C o r r e s p o n d i n g t o t h e e i g h t e e n t i m e s " c o m m a n d m e n t " is m e n t i o n e d in t h e s e c o n d d e s c r i p t i o n of t h e t a b e r n a c l e 1 5 0 . f r o m (Ex.

R e b b i H i y y a bar A b b a said, o n l y

38:23) "And w i t h h i m A h o l i a b b e n A h i s a m a k h " to the e n d of

the b o o k 1 5 1 .

150

T h e d e s c r i p t i o n of t h e a c t u a l

m e n t i o n e d t h a t "the E t e r n a l c o m m a n -

construction of t h e tabernacle. 151

S i n c e f r o m t h e s t a r t of

o3

section, v. 21, t h e r e would be 19 times

the

ded Moses".

ian3 m i m i ntoip νηψ τ ^ ? p n y

ov>

Tyi

Ίίη^ηι

ιιη3ψ

irh^N

νηψ

ι???

>3-1 -ION Nnina»

."|»3>? m\¿> ^ ψ γιν

'ΐ-ι

-içn

νιψ .ο>>ν

.na^D seven152

The

of

Sabbath,

from

where?

Rebbi

Isaac153

said,

c o r r e s p o n d i n g t o t h e s e v e n " v o i c e s " w r i t t e n in ( P s . 2 9 ) " G i v e t o t h e Eternal, o s o n s o f t h e mighty." R e b b i Y u d a n A n t o r a y a said, c o r r e s p o n d i n g t o t h e s e v e n D i v i n e N a m e s in (Ps. 9 2 ) "Psalm, S o n g f o r t h e S a b b a t h Day."

152

B e n e d i c t i o n s of t h e

In a Midrash

Amidah.

Yelamdenu

q u o t e d in

T h e r e is no n e e d to ask f o r a r e a s o n

Yalqut Shim'oni Psalms #863, t h e seven

for t h e seven benedictions of a holiday

voices a r e said to r e f e r to t h e s e v e n

since holidays in everything imitate t h e

kinds of voices heard at the t h e o p h a n y

Sabbath.

at Sinai, which was on a Sabbath.

In t h e Babli (29a) o n l y t h e

first reason is given, in t h e n a m e of R.

153

Halaphta ben Shaul.

Rebbi Yohanan.

n i - D t N y ^ r i τ ? ? ? N>3>>\?"!Î? N I N >3*1 .ytH

->vm

An A m o r a f r o m t h e c i r c l e of

,V?3>? r o \ $ m w i ó ϊ ψ

γη·» >'> n a i t ? 3 i ' J i d i

VVB

. r u n n ^ h a ? mriDW

371

HALAKHAH 3

N i n e of N e w Year's Day, f r o m where? Rebbi A b b a f r o m C a r t h a g e 1 5 4 said: Corresponding to the nine Divine N a m e s in Hanna's prayer; there it is written at the end: ( I S a m 2:10) 'The Eternal will judge the ends of the earth'SVISA

An Israeli Amora of the circle

Israeli Amoraim; the Yerushalmi is the

of Rebbi Yohanan and Resh Laqish.

source for all abbreviated statements in

He is either from Carthage in North

the Babli.

Africa or from Cartagena in Spain.

prayer, not quoted in the Babli, is the

155

This is r e p o r t e d in shortened

reason that Hannah's prayer forms the

form in Babli 29a. The entire series of

Haphtarah of the first day of the New

analogous numbers is given only by

Year.

•prmri innj ητ i j ridarli

>3*1·)

rnn

The verse f r o m Hannah's

-V?3>? n i o y r i

n^na? awis^

ν?")^) o n y y

J>3")Nì o n y / y .D3>nni τ

The t w e n t y - f o u r of fast days 1 5 6 , f r o m w h e r e ? Rebbi H e l b o and Rebbi Samuel bar Rav N a h m a n both say, corresponding to the twenty-four times that entreaty, prayer, and supplication are mentioned in S o l o m o n ' s prayer UKings 156

8). Public fasts for rain in a year of

draught. The argument is quoted in the

.rnw^n vvn * way

rjn* idçî

Babli (29a) in the name of Rebbi Helbo alone.

i v s y r i ? "T'O?

a n oy>a N - v y t ^ " l

.o>>in Nail!? ï H y t f ! ï h S * v a r n p w n i t i p > N

l i n o q>33 - i n o r i ÏH w n j N rfri-τ? r n s a o ìpV¥?ì »3?

jiy t o a

m ^ n roiyrii n y a

Γ φ 3 r n a n y a roiy * π η κ

. r n s J i y ? ri3iy i> n j w . n ^ a n y n i w ? - i n i N »3?

υπρηη»

o î } > r i i p i » 3 ) ? ο η ^ -»sa * Γ Ρ Ι OW? ì7Nynvy> >3-1?

372

CHAPTER FOUR

Rebbi Zeïra in the name of Rav Jeremiah, a private person has to mention the occasion on a public fast day 1 5 7 .

W h e r e d o e s he say it?

Between "Redeemer of Israel" and "Healer of the sick." 158 What does he say? "Answer us, o Eternal, answer us in this time and season because w e are in great trouble, do not hide Your presence f r o m us, do not be oblivious to our supplications, because You, o Eternal, will answer in time of trouble, redeem and save in any time of distress.

( Ρ s. 107.6) "They

cried to the Eternal in their trouble, H e led t h e m o u t f r o m their distress." 159 Praise to You, o Eternal, Answering in times of trouble. Rebbi Yannai ben Rebbi Ismael 1 6 0 in the name of the House of Rebbi Yannai 1 6 1 says: In "He W h o hears prayer. 162 " 157

The following discussions be-

long to tractate Taäniot

Grace with a verse from the Bible.

(fol. 65c).

This practice has survived only spora-

They are inserted here because the 24

dically. Even though this prayer text is

benedictions of fast days were men-

given only in the Yerushalmi, (the

tioned.

Babli usually assumes that all texts are

On the other hand, the

correspondences to the 18, 7, and 9

known) there a r e many

benedictions on other days belong here

already in the extant prayer manuals

and are r e p e a t e d in Taäniot

from the 8th to the 10th centuries.

only

because of the following text.

160

The 24 benedictions are recited by

variants

This is the reading of the Rome

ms. here and the Venice text in the

In the

parallel version in Taäniot 65c. Rebbi

Babli (Taänit 13b-14a) the opinion

Yannai ben R. Ismael was a student of

quoted here in the name of Rav

R. Yohanan and a colleague of R. Zeïra.

Jeremiah (bar Abba, one of the most

(The Venice text here has o®3 instead

important students of Rav in Babylonia)

Of "Û .)

is attributed to Rav himself.

161

158

Rebbi Yannai in the first generation of

the reader in public prayer.

Between the Seventh and Eighth

The Yeshivah established by

benedictions, as a separate benediction.

Amoraïm; it c o n t i n u e d

159

founder's death.

The Galilean practice was to

end every benediction in prayer or

162

after

its

In the 15th benediction. In the

373

HALAKHAH 3 Babylonian rite we never find t h a t a

omitted the final benediction in Rav

private person adds a benediction to

Jeremiah's text,

his prayer. The House of Rebbi Yannai

. i n i > p i J13V >>>>3 N J i n a i o w ? » q i j r ç >3-> . r n p i N M i n

>N3î >a*ì7 ty

PN

η>>3-!> η ?

- p n > Ì!7>3N

η)Γ)

J13V

Ν}»*

>3-1 ION

o w n Γ φ η α τ Ji>yp)jh m T i p > π > ρ > ο b N y ç y ?

N J J O J l © N H I » o i » >3*) 3>31ΓΙ

DÌ>

V*

.y-mpn

>NSÎÔ3

. j n i N B H VJ?P

r n y y n?io\|>

κ π > 3 Γ ΐ ο >pi> >3*)

nn ρ

Jl^Vf

07N

oi>

.nisni jviiiri w s i o i i

.oV?in N?ì-»> irçoyn

p3

οηΐ3>3η

ranm

ρ

Rebbi Jonah in the name of Rav: Even an individual who decreed a fast day on himself has to mention the occasion 163 . Where does he say it? Rebbi Zeira in the name of Rav Huna:

Similar to Friday night and

Sabbath day 164 . Rebbi Mani said:

I, who did not check whether one follows Rav

Jeremiah or Rebbi Yannai the son of Rebbi Ismael, went to the study hall and I heard: "Rav Huna in the name of Rav: Even an individual who decreed a fast day on himself has to mention the occasion. Rebbi Yose objected that a baraitha

disagrees:

Every day one prays eighteen

benedictions, including the night after Sabbath and the nights after Yom Kippur and after Public Fasts 165 ." Since Rebbi Yose said, this

baraita

disagrees 166 , it contradicts the statement: between "Redeemer of Israel" and "Healer of the sick." 163

He also has to recite my.

[In

and 17th of Tammuz, follow the rules

practice, t h e f a s t d a y s of t h e 3rd of

of private fast days.]

Tishre, 10th of Tevet, 13th of A d a r ,

164

During every prayer he has to

374

CHAPTER FOUR

recite that day.

nights is a separate benediction.

In

165

See Halakhah 1, Note 86.

addition, it is stated that on those days

166

Rebbi Mani's argument goes as

when Neilah is recited, Yom Kippur

follows: Since R. Yose stated that the

and fast days for a severe draught, the

baratta contradicts Rav, he takes the

Neilah prayer does not replace the

baraita to mean that a private person

following night's prayer as discussed in

always

recites 18 benedictions on

Halakhah 1. The Yerushalmi does not

weekdays, never 19, even on fast days.

address the question what the reader

The additional days are mentioned to

says on a public fast day which is not a

point out that insertions for a private

fast for rain; the Babli decides that the

person are always accomodated in an

reader will recite hiv as a separate

existing benediction, never as an

benediction between "Redeemer of

additional one, in contrast to the

Israel" and "Healer of the sick." This

opinion of R. Aqiba who states in

decision does not go against R. Mani's

Mishnah 5:2 that Havdalah

argument.

Saturday

n j w n ? i>fv

H 2 1 r m n >3-1 o v a p n s ? 1 3 ν π ν

o > ? i n : p e n " i 3 ii>n"!?N * o r n ρ»* bvi

ο^ψνη

.-»»ÍN n i d o

.iniNpn p y p

íwyp

o ^ m î D :pioD5i

o n * "pa Γ φ ΐ υ η π ύ ρ ι ν η · ) n o n n m n a n o n · ) n b u ç f n *vyn rjiay

o>!?>p?

ipN

n ù > n » i n i j v j > nìvn>»ì

ïïl^? ποιοηρ

•priy n r i N ν ύ α ι r m s ' r i WN? >? π π ψ - ρ η n y i - p v n w > v*iç>i r f r n j n r m i . r o i n a n>ny t ì i d ^ I i n o v h n e i n * 0 1 0 TÙ

-ΠΟΙΟ

Rebbi Aha bar Isaac 1 6 7 in the n a m e of the older Rebbi Huna of Sepphoris 168 ·: An individual must mention the occasion on the Ninth of Av. What does he say? "Have mercy, o Eternal, our God, in Your great mercy and your trusted kindness, towards us, Your people Israel, Your city Jerusalem, Zion the dwelling place of Your glory, and o n the mourning, ruined, destroyed, and desolate city that is given into the hand of strangers, trampled down by haughty peoples, that was inherited by legions and desecrated by idol worshippers, when You had given her to

HALAKHAH 3

375

Your p e o p l e Israel as property, and let her be inherited by the s e e d of Yeshurun, for in fire Y o u set her o n fire and with fire Y o u will build her in the future as it has been said ( Z a c h . 2:9): "But I shall be for her, says the Eternal, a wall of fire around, and Glory I shall be in her midst. 1 6 9 " 167

An Israeli Amora of the third

prayer in Talmudic sources; it is quoted

generation, companion of Rebbi Abba

in the manuals of Rif (R. Isaac Fassi)

bar Mamal and contemporary of Rebbi

and Rosh (R. A s h e r ben

Zeïra.

However, Maimonides has a d i f f e r e n t

Yehiël).

A student of R. Yohanan whose

text f r o m Gaonic s o u r c e s and t h e

sayings are reported by several sages

currently used versions a r e derived

of the third and fourth generations in

f r o m his.

Galilee. The name is correctly given in

replaced o m "have m e r c y " by oni

the Rome ms. and in the Venice text in

"console" as more a p p r o p r i a t e in a

Taäniot.

prayer for Jerusalem.

168

169

Also, most r i t u a l s h a v e

This is the only t e x t of t h e

V?1ïfl ^

"»QN . r n ï p i N p > N MO

rnpiN

>joip N j a i n i a m N n m N >2*1

κ ι η ψ III-^D·) . n - m y a r n p i N •Hii 1 ?

pyis"!

Νίηψ

ηκτίπ ί π ϊ η r n m νγρμίοι

Rebbi E u d a i m o n of S e p p h o r i s 1 7 0 asked b e f o r e Rebbi Mana: does o n e say this? H e said to him: You still do not understand?

Jw .πν-τιπ? Where Anything

for the f u t u r e o n e says in "Service" 1 7 1 and a n y t h i n g about the past o n e says in "Thanksgiving" 172. The Mishnah ( B e r a k h o t 9:6) says as much: "One gives thanks for the past and cries about the future." 170

An A m o r a of t h e f i f t h ge-

the correct place for the insertion of

neration, student of R. Mana.

the p r a y e r f o r t h e N i n t h of

171

Ab.

T h e 16th b e n e d i c t i o n in the

However, in all historical documents

Galilean service, a p r a y e r f o r the

we have from Gaonic times and later,

restitution of the Temple service.

the insertion is m a d e in t h e

In

the opinion of the Yerushalmi, that is

14th

benediction, which is a prayer for the

376

CHAPTER FOUR

rebuilding of Jerusalem. This is either

prayer text are welcomed.

a p o p u l a r c u s t o m or a G a o n i c in-

172

stitution. It is justified since the place

al p l a c e f o r t h e m e n t i o n

is fitting and the later discussion will

miracles of Hanukkah and Purim.

The 17th benediction, the naturof

the

show that occasional variations in the

ϊΜηψ ΓΡΝΊ

.remi

lit» i o n a i

VV» ν η ψ Ν'Π Κ 'Ν

^ Γ Ι >ΟΓΙ ΤΙ>Ν . n a n a i r o n a - ^ v î n t I Ç N

.Γηψν ηιίηψ ν ν ο

rntyy

.rnyy

">51 i n o

, η ι ψ ν rm»v> VJ® π ι ψ ν Γ φ ο ψ

η ι ψ ν Γΰίηψ p y n r n y y 173

W h a t a r e "seven similar to e i g h t e e n " ?

V.W

1

- » n i Ι**'? ^ o v » ! ?

WPP

Rav says the end of e a c h

b e n e d i c t i o n 1 7 4 and S a m u e l s a y s t h e head of e a c h b e n e d i c t i o n 1 7 5 .

Some

f o r m u l a t e "seven s i m i l a r t o e i g h t e e n " a n d s o m e f o r m u l a t e " e i g h t e e n similar t o eighteen." 1 7 6

H e w h o says "seven similar t o e i g h t e e n " s u p p o r t s

Samuel, h e w h o says "eighteen similar to eighteen" supports Rav. 173

A f t e r the digression

about

without any other text.

prayers on special days one returns to

175

the discussion of the Mishnah and the

and last three benedictions in full but

s t a t e m e n t of R e b b i J o s h u a t h a t a

of the text of the i n t e r m e d i a t e ones

private prayer on weekdays is "similar

only a few words, as explained in full

to the eighteen benedictions" recited by

in the next paragraph. T h e statements

the reader in public service.

of Rav and Samuel are in Babli 29a, the

174

following c o n n e c t i o n with t a n n a ï t i c

Rav requires the first three and

Samuel also r e q u i r e s t h e f i r s t

the last three benedictions in full and

statements

of the twelve benedictions in between

Yerushalmi.

appears

only

in

the

only the final doxology of each: Praise

176

to You, o E t e r n a l , W h o

Samuel did not originate with them, but

bestows

The d i s a g r e e m e n t of Rav and

knowledge as a favor. Praise to You, o

they

Eternal, W h o desires repentance, etc.,

traditions.

follow

different

tannaïtic

377

HALAKHAH 3

N>n ι* >N n>> -ION Î7Nvpv? » 3 T 3 1

u ? n^o ivrinwjp n?n l i r n o

n m

o n p i N ο > ο ψ ? v n ON » i n riJjN o n j i a p >D

-»ON

.nana

ïwayi

w o

. w r r ì i y j l i a ">>>n n a n w j n p a v n ON

o^VVli? ^ ì

ν ο ψ Ν > ?NÌ on?*T)? DH Tiy

ròy

rnyy

onpiN

> o i r 0 3 in>?y>?i

-IOÌN"! . n i i i n r i N

oinD

.rp*u o>yini ^ ß ) ?

^ N Ì ΙΝΊΪ?? D*I\? ΓΡΓΠ * ì i o n 3 n ? y i i

Jrów>n

ipiNi

.n^ari üniw * η η κ

,>3wriT» !?ip ν ο ψ >3 *

ini

Rebbi Zeïra sent Rebbi N a h u m 1 7 7 to Rebbi Yannai ben Rebbi Ismael and said to him: W h a t are the "seven similar to eighteen" of Samuel?

He

said to him: 1 7 8 Give us understanding, h a v e pleasure in our r e p e n t a n c e , f o r g i v e us, redeem us, heal our sicknesses, bless o u r y e a r s [Rebbi Haggai said, in the rainy season one says: with blessed rains, in the season of d e w one says: with blessed dew 1 7 9 ], for You gather in the dispersed, Y o u r s it is to judge the misguided, put d o w n Y o u r hand on t h e wicked, but in You m a y rejoice all w h o h o p e f o r You to rebuild Your city, to r e n e w Your Temple with the offspring of Your servant David, because b e f o r e we call You will answer as it is said 1 8 0 (Is. 65:24): "It shall be before they call that I shall answer, they still shall be talking while I will listen." Praise to You, o Eternal, W h o h e a r s prayer. t h r e e benedictions.

And he says the first t h r e e and the last

And he says 1 8 1 (Ps. 28:6):

Praised be t h e Eternal,

W h o certainly hears the voice of my supplications. 177

Probably identical w i t h Rebbi

principles.

Nahum, the organizer of the Yeshivah

179

of Rebbi Abbahu.

recitation of the shortened prayer in

178

winter time because the change would

The text in the Babli ( 2 9 a ) is

different

but b a s e d

on t h e

same

T h e Babli ( 2 9 a ) f o r b i d s

the

disturb the memory of the person w h o

378

CHAPTER FOUR

prays. It seems that in Babylonia the

from the school of Rashi combines the

text of the p r a y e r f o r blessed agri-

Babylonian t e x t of u r a n w i t h t h e

cultural years was similar to today's

Israeli versions for summer and winter

Sephardic and Oriental versions where

and, hence, allows the short prayer for

the summer prayer is short (in Rabbenu

the entire year following the Jerusalem

Saadia's siddur

Talmud.

19 w o r d s ) a n d

the

w i n t e r p r a y e r is long (in R a b b e n u

180

Saadia's siddur

The obligatory verse b e f o r e the

48 words) a n d this

end of a l o n g e r b e n e d i c t i o n in t h e

change is not a d a p t a b l e to t h e short

Israeli tradition. This verse is used in

prayer. In contrast, in the Ashkenazic

the middle of the currently used text of

tradition based on Yerushalmi sources,

uiy on fast days.

the d i f f e r e n c e b e t w e e n s u m m e r and

181

winter prayer is just two words.

One

seven required prayers.

may note that the French Mahzor

Vitry

o w n i n i N >a-i . c p J M n r i

As p r i v a t e p r a y e r a f t e r a l l

i > n y a p i n n a r i n t y i y n ->niN

- p - t t >t>i> >3"! O W ? Ν Π Ν

. Τ η Ρ Ν Ι N " ) Ì p ? HTìf H t y

Π Ί Υ Π Π nV?>ÛJ? w ! ? ^ ^ 3 3 1 » ΓΡΓ) ^ ί Γ Ρ Π Ν l ì ? ΓΙ>>·) syx? Ν3>)Γ) ρ >a->

N-iipp νπ>

n o n a n i a » ? n > n i n a * >3-»

r n

- p a y Ν5>)ηι -Ta>ai

na b s N-vy^

vnn}

.DV^DI

r n o w ? i n a * >a-» - » r r » ?

.DV _ !?Da r r ç n q π ' Γ ? ? 1 . O Ì > ' ! m ΠψΐΓ)

"Rebbi E l i e z e r says: supplication 1 8 2 ."

If o n e m a k e s his p r a y e r f i x e d , his p r a y e r is not

Rebbi A b b a h u in the n a m e of R e b b i Eleazar: O n l y that

o n e should not b e like o n e w h o reads a letter 1 8 3 .

R e b b i A h a in t h e n a m e

of Rebbi Yose: O n e has to say s o m e t h i n g n e w e v e r y d a y 1 8 4 .

Ahitophel185

used t o say three n e w prayers e v e r y day. Rebbi Zeïra said: A n y t i m e that I w a s trying t o d o that, I w a s c o m m i t t i n g errors. T h e r e f o r e , o n e has o n l y w h a t R e b b i A b b a h u said in t h e n a m e of R e b b i Eleazar: should not be l i k e o n e w h o reads a letter.

O n l y that o n e

R e b b i Eleazar u s e d t o s a y a

379

HALAKHAH 3

new prayer every day. Rebbi Abbahu used to recite a new benediction every day 186 . 182

This belongs to the next Mish-

nah; the p a r a g r a p h

of t h e t h i r d g e n e r a t i o n

Amoraïm

this

Rabba and Rav Joseph, and here as an

statement. Most newer editions of the

opinion of t h e f o u r t h g e n e r a t i o n R.

Yerushalmi move the section from here

Yose; hence, it is not a c c e p t a b l e as

to t h e e n d of H a l a k h a h

to

original intention of R. Eliezer. R. Zera

However, it seems that

(= R. Z e i r a ) is also t h e one in t h e

the error is not with the copyists of the

Babylonian Talmud who points out the

Yerushalmi but with the copyists of the

practical impossibility of finding a new

Mishnah and that t h e s t a t e m e n t of

formulation in a fixed framework of 18

Rebbi Eliezer belongs to Mishnah 3

benedictions every day. One may also

where Rabban Gamliel says

that

note that the statement of R. Simeon

e v e r y b o d y a l w a y s p r a y s 18 f i x e d

ben Nethanael (Abot 2:13) "do not make

benedictions. R. Joshua says everybody

your prayer mp" appears in Abot

Halakhah 4.

explains

3 or

deR.

prays a shortened but f i x e d version,

Nathan

and R. A q i b a notes t h a t one should

prayer (idle) talk"; this agrees with the

f o l l o w e i t h e r c o u r s e d e p e n d i n g on

interpretation of Rebbi Eleazar.

one's knowledge.

185

But Rebbi Eliezer

A 17:8 as "do not m a k e your

In Agadah, he is the paradigm

insists that t h e a p p r o p r i a t e f o r m of

of a person who knows everything.

prayer depends only on intent. In the

186

While Rebbis Eleazar and Aha

first prints of the Babli, Soncino and

are the authors of the lenient inter-

V e n i c e 5280, t h e s t a t e m e n t of R.

pretation, that the use of a formulaic

Eliezer belongs to Mishnah 3.

text is accepted by all sages, they did

183

not want to use t h i s l e n i e n c y

In t h e Babli (29b), it is t h e

for

opinion of the anonymous rabbis that

themselves, R. Eleazar f o r the

one should pronounce the p r a y e r s in

p r a y e r and R. Aha f o r a n y of

form and intent of supplication.

permanent benedictions, possibly those

184

to be recited in the m o r n i n g b e f o r e

While this explanation seems to

fit best the standard Hebrew yap f * it appears in the Babli only as an opinion

prayer.

Amidah the

380

CHAPTER FOUR n r a m ^riaW ft i n i N n i d i n n a r i >J3> i j n i > >3-> oy>3

.rpritoii

> p v >?*)

n>n γ ρ >3-> . ^ Ν ί η n w •>·> :pifl>

Rebbi Yose from Sidon 187 in the name of Rebbi Yohanan: Before one's prayer one says (Ρs. 51:17) "Master, open my lips that my mouth may proclaim Your praise." After one's prayer, one says (Ps. 19:15): "May the sayings of my mouth be agreeable and the thoughts of my heart, before You, my Rock and my Redeemer." Rebbi Yudan used to say both of them before his prayer. 187

A student of Rebbi Jeremiah,

verses is noted as "institutions of the

from the city of Sidon. The statements

Rabbis"; the Babli would not tolerate

of R. Yohanan are in Babli 9b.

the action of Rebbi Yudan.

There

the requirement of recitation of these

liypyj

.Πίΐίη

γ π ψ rwab

-ιών í w i n y n

.rjriin i k i n 3*ϊ ΐ7>?Γΐηψ Ί ^ η τ η ί ν η>η w ! ? 1 » i j n v >3-ι o w a

. o v r r ! 7 3 d i n (foi. 8b)

l i n i * > 3 * n n>ri>>n n>>

>:n > o i p

N*vyt ^"Î

1ΓΙ3Ν >3") ΗΏΗ .Π>3>5ΐΝ » O l .!?;?3JV Î7N !?>3Τ13 Κ Ϊ ρ 3 0 >

Ι Ο Ν H Ì Ν3>3Γ) 3"! > n ì > ì yfr

^ 3 3 1 ? ^Vρ?υ

tO

ρ?©

p s t » ·)3ηί>

. m o i e n ^ 3 n ρ Ν ψ mob

Ί3 rimari

p 3 0 ΠΊ>3Ν

p30

>3"» OV>3

> n i p i » y 3 n ! w •)? . o v r r i o OTN

If one was praying and remembered that he already had prayed, Rav says, he cuts short, and Samuel says, he does not cut short. Simeon bar Abba in the name of Rebbi Yohanan 1 8 8 :

If only one would pray the

whole day long, why, because prayer is never in vain. Rebbi Zeïra asked before Rebbi Yose 189 : Did not Rebbi Yohanan say that if one is in doubt whether he did pray or not, that he should not pray? He did not give him an answer. Rebbi Abbahu came in the name of Rebbi Yohanan: If one is

381

HALAKHAH 3

in doubt whether he did pray or not, he should not pray. Rebbi Hanina did not say so but: They asked before Rebbi Yohanan, if one is in doubt whether he did pray or not? He told them, if only one would pray the whole day long, why, because prayer is never in vain. 188

following paragraph appear in Babli

The statement of Rebbi Yo-

hanan and his problem have been

21a.

explained in Chapter One, Notes 16 ff.

189

He is Rebbi Yasa (Assi).

The shortened parallel to this and the

*VJN h q i n »an .bin nj-im

"vptrn j r ç ^

r o y i Jiav?

"roiy ΓΡΠ

riD-jan TIN rjriin NON TN .nyw 211 a p v !

3 Ί YII^GJPN

>31? κ?!) . r n p i j Ν ΐ η ψ n j n n p i n ? o n i o b b n .713130 ")?)>? N^-R Y>H O N

.Ϊ13Ψ3 JI^IN P I N IB\P3 ITFV)

inii i o n

ΓΙ»ΡΒ I & N > 3 1 7

n i n ^ n >Γΐψ p a τ ι ^ ι η ) ? Ν>ηψ n j / n n Ν>η n^VTJi p r o p >3ΐ -ION I N N I * TINI? Ρ Ι Π M ΝΙΓΙ Ρ

RWYPVTE >Y:N ΤΙ>Ν

rï?>?Ji

>> NIVI !?Ν >?

If one was standing praying on the Sabbath; he f o r g o t about the Sabbath and prayed for weekday.

Rebbi Huna said, Rav Nahman bar

Jacob 1 9 0 and Rav Sheshet 1 9 1 disagree, one says he cuts the benediction short and the other says, he finishes the benediction. All agree that he finishes "Gracious Giver of knowledge" 1 9 2 .

This follows Rebbi, since

Rebbi said: I wonder why they eliminated "Gracious Giver of knowledge" on Sabbath; if there is no knowledge, from where comes prayer? Rebbi Isaac said: Knowledge is great because it is in the middle between two mentions of divine names as it is said (ISamuel 2:3): "Certainly, a God of knowledge is the Eternal". Some want to understand f r o m here (Prov. 2:5): 'Then you will understand the fear of the Eternal and the knowledge of God you will find."

382 190

CHAPTER FOUR He a p p e a r s as Rav Nahman in

contemporary

of Rav N a h m a n , a

the Babli, a student of Samuel and of

student of Rav. He was blind and the

the Resh Galuta Rabba bar Abuh, who

greatest expert in Tannaïtic literature

b e c a m e his f a t h e r - i n - l a w a n d a p -

in his time. In the Babli, it is a Gaonic

pointed Rav Nahman as chief judge of

tradition that in disagreements between

t h e Jews in Babylonia.

Hence, t h e

Rav Sheshet and Rav Nahman, practice

o p i n i o n s of Rav N a h m a n h a v e t h e

follows Rav Sheshet in all matters that

weight of Supreme Court decisions in

do not involve money.

all money matters.

Hence, it is

He is reported in

clear that the Babli, w h i c h w a n t s to

t h e Babli (21a) to r e q u i r e t h a t t h e

establish the rule that one must finish

benediction that was started must be

the benediction, cannot m e n t i o n Rav

finished. The contrary opinion, which

Sheshet.

t h e r e f o r e must be a t t r i b u t e d to Rav

192

Sheshet, is not mentioned in the Babli.

dictions, a prayer f o r knowledge and

191

Rav

Sheshet

was

a

The first of the w e e k d a y bene-

insight.

>3*1 .ο>3μγ)γι i n n a r i ρ κ y i p ì n b > a n n \ $ n y n -woìn rny>v

v y n rnsj? n^ajp

D Î V ? - ) 3 1>Î7?

mvn

n»t>n Dipo? ^ n p o

JIWnS'bD?

JIN ^

ipiN

TIN * Π ^ Ί Γ Ι

U9ÌN1

. c p y o n r o r i m a r i ÜBÍY) >> n m

Mishnah 4: Rebbi Eliezer says: If one makes his prayers fixed, his prayer is not a supplication 193 . Rebbi Joshua says: He who passes through a place of danger recites a short prayer (similar to eighteen prayers) 194 and says: Help, o Eternal, your people Israel; in all passing situations may their needs be before You. Praised are You, o Eternal, Who hears prayer (and entreaties) 195 . 193

The Gemara to this statement is

Mishnah codices of the Israeli tradition,

found in the preceding Halakha.

never in the Babylonian Mishnah.

194

seems that

This p h r a s e is only f o u n d in

f o r R. J o s h u a

in

It the

383

HALAKHAH 4 Y e r u s h a l m i t h e s h o r t p r a y e r is a

that must be complemented by a full

replacement for Samuel's text of the

Amidah once the danger has passed.

middle part of the short Amidah

195

as

This is only in the Mishnah text

explained h e r e later by (the Baby-

in the Yerushalmi Halakhah (not in the

lonian!) Rav Hisda, but in Babylon it is

Mishnah preceding the Chapter) and in

interpreted as an independent prayer

a few Mishnah manuscripts.

>an .Π3?ϋ

ηιτ!'?

ΝΡΪΓΙ >:n ογ>? »ON na pvipw

.1

1?>W ΠΪΓ) 1 ? K 3 0 >3"! ·Π>ΓΙ>3 1Î 7(73)3 Π1Γ1

>?T? η η . 3 ί ο υ η

ΠΊΠ

.n>rp? ì j i p s r ? nir) η ρ ί ο υ -

. Π ί 3 ψ η n p ^ o ? >>ίπη !73

ο γ ή ηζη

")? ϋ ψ ν η

ΌΡΟ - α yiyrpw

ΙΠ^Ν

Halakhah 4: Rebbi Simeon bar Abba in the name of Rebbi Hanina: Any travel is presumed to be dangerous 196 . Rebbi Yannai, when he went abroad 1 9 7 , commanded his household 1 9 8 .

Rebbi Mana commanded his

household when he went to a bathhouse that was heated 199 . Rebbi Hanina the son of Rebbi Abbahu 2 0 0 , Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: Every sickness is presumed to be dangerous. 196

And an occasion for the prayer

would be in danger of being burned to

of Rebbi Joshua.

death.

197

geothermal bathhouses as in Tiberias;

Greek ξενία "hospitality; guest

This does

not

apply

to

chamber".

he made his will only when he went to

198

thermal baths that w e r e a r t i f i c i a l l y

Made his will and settled his

affairs as if he expected to die.

heated.

199

200

In Roman t h e r m a l baths, t h e

Son of Rebbi Abbahu of Cae-

water was heated in a room directly

sarea; studied in Tiberias and became

below the sauna room. If the floor was

his father's successor in C aesarea.

falling down, the people in the sauna

y i i r p nn>rin >??> - Q i y y m Ν Γ ^ Ι

- o i y -nani o v a uni*

nrrì>3 n o n r i n ov)} ν π ν > - η >a-i o r o > a >a-i

qny

384

CHAPTER FOUR

nvy

nvyy

anî?") Nia n^îs

Nia it? ->oìn ì>n na>riri .wriion!?»?

201Rebbi

Aha in the n a m e of Rebbi Assi:

E v e r y t h i n g t h a t the

representative of the congregation passes by before the Ark and requests the needs of Your people before You. Rebbi Phineas, Rebbi Levi, Rebbi Yohanan, in the name of Menahem from Gallia 202 : H e 2 0 3 does not say to the one who steps before the Ark "come and pray for us" but "come and present our presentation 2 0 4 , work our needs, wage our wars, pacify for us." 201

Here starts the discussion of R.

ganizing services.

Joshua's text, in particular the meaning

204

of ΎΟ'νπ n»® Vai The explanations of

plained here by "wars") or "to come

the Babli

cryptic

near" (explained by "pacify for us") but

expression are varied and totally

in the liturgie sense, used here as main

different. In Galilee, the reader passes

sense, it means a poem either inserted

(Ί3ΐν ) before the ark, in Babylonia he

in the regular Amidah or replacing the

descends (TTP) before the ark. Hence,

Amidah prayer, as recognized by L.

only in Galilee can the pTayer of R.

Ginzberg. Religious poetry was very

( 2 9 b ) of this

3Ίρ may mean "battle" (ex-

Joshua refer to the prayer of the cantor

important in Israel in these times; in

in the synagogue.

Babylonia it was banned from syna-

202

A Tanna of the last generation.

gogues except in the Yeshivah of Rav

His sayings are usually transmitted by

who was trained in Galilee. Hence, the

R. Yohanan.

Babylonian Talmud could not accept

203

the interpretation given here.

* π ai

The person in charge of or-

l i i n >n>

m T îfi? ì r i y - n

n »τ ·w mτ i· sr i nτ : i rτ r o? - τu: n n a i n τns ·a τ : · .n^sjp yçiw * r u w rp-α

wtrçn n ù w ï o n J i i : n a

i " » ? * cp"!0íf -

^ i' r•·u ·w w n "i a N-s >··π > ν ί" τ :

,>3unri bip

205 nyç\{»

-ion i q p n an

>? * î p - o

"

r:

.rnionp

. ο η η κ ? πΛγ) *vjn N^on ,ni3i">DNn

385

HALAKHAH 4

Others say 206 : 'The needs of Your people are many and their minds are dull. May it be pleasure before You, o Eternal, our God and God of our fathers, that You may give every single creature its needs and to every single body according to his want. (Ps. 28:6) Praised be the Eternal, certainly He heard the sound of my supplications. Praised are You, o Eternal, Who hears prayer." Ra ν Hisda said: Practice follows "others". Rav Hisda said, the first and last three benedictions 207 . A scribal error for )>ov in the

in Babli 29b and Tosephta Berakhot 3:7.

verse. The entire sentence is missing in

The statement that practice follows this

the Rome ms.

text is Rav Huna's in the Babli.

206

207

205

This prayer is reported in Baby-

The "short prayer" is the middle

lonian style (without the Biblical verse

one between the first and the last three

preceding the doxology) together with

of the Amidah\ see the commentary to

the prayers formulated by other rabbis

the Mishnah.

inN - ! V3-W yniri >3jj » i n n>N .VD·)? j m n rj? -inNi ^ a i p n >3n »ari n>N >3

iain

-mi

ηζπ

ry? ί π ν ι Ι Ο Ί * y a i n IÇT INÇI .irvw rpay;? * m . o w ? N v y t >3") .D'nDo

.tyùW

1?

π?

.n'p'Q^n ï y - ρ nnN"! n j n n ÏH . n ^ f l n v p w ? VD-tt ϋ η ί η *τ>η> ί ο ι η

Some Tannaïm have stated: One should first pray and then ask for one's personal needs. Some Tannaïm have stated: One should first ask for one's personal needs and then pray. 208 He who says, one should first pray and then ask for one's personal needs (Ps. 102:1) "Prayer of the deprived one who wraps himself up 209 " and afterwards "and before the Eternal he pours out his speech." But he who says, one should first ask for one's personal needs and then pray, (IKings 8:28) "To listen to lamentation 2 1 0 " and after that "and to prayer." The opinion of the sages 211 : Rebbi Zeïra in the name of Rav Huna, the private person asks for his personal needs in "He Who hears prayer" 212 .

386 208

CHAPTER FOUR In Babli Avodah zarah 7b, the

wraps himself in his prayer coat or

first opinion is R. Joshua's, the second

shawl." The Babli uses the verse for

one R. Eliezer's. [If the Yerushalmi had

the opposite argument since "prayer" is

mentioned the names, the order of the

mentioned first.

baraitot would have been inverted.] R.

210

Joshua, whose opinion always prevails

forced to re-interpret dji as "prayer".

against R. Eliezer, requires that private

211

The consensus of the Amoraïm.

prayers be said following completion

212

But public entreaties are said

of the prescribed 18 benedictions. This

either in the form of extra benedictions

is accepted as a possible practice in

for rain fasts, or as penitential prayers

Babli Avodah zarah 8a.

in the sixth benediction "Merciful, Who

209

forgives much."

Usually translated: "who faints",

The Babli (Berakhot 31a) is

but used here in the sense of "who

*rm>>? Ν ΐ η ψ o i p m t ^ a j p n ! ? o w r j n a >οψ η «

η ψ Ν ,>«ψ r u s " V ^ N "WN; o i p ) s n - ! ? M o ^ o roçn

N3>3n n a D i n a r i "tv N 3 "Til o y n).nriy>

>?-> ο ν ή N » n r a n N I N >?-)

->ÇN . " ν ? * * "i^íf

ovo nm

.rù^rp

N-W I N ? a w i ? ν * JI>2? o i p $ it?

N!?N INS 21JID v í * o ' O ^ N b ο ψ π ^ ρ τ ι ψ η

DIN wíón

Rebbi Abba, Rebbi Hiyya 2 1 3 , in the name of Rebbi Yohanan: A person has to pray at a place that is dedicated for prayer.

What is the reason?

(Ex. 20:24) "At every place where I shall let My name be mentioned 2 1 4 ." It does not say "where you will mention" but "at every place where I shall let My name be mentioned." Rebbi Tanhum bar Hanina 2 1 5 said: A person has to select a fixed place in the synagogue where he prays. What is the reason? (2Sam. 15:32) "David came to the top", it does not say "where he prostrated himself before God" but "where he was used to prostrate himself before God."

387

HALAKHAH 4 213

R. Hiyya bar Abba.

Aggadah in the second generation who

214

T h e verse ends: "I shall c o m e

was in contact both with R. Yohanan

there and bless you." One has to pray

and with R. Joshua ben Levi, as well as

in the synagogue because only there is

with R. Hiyya bar Abba of the follo-

God's blessing g u a r a n t e e d f o r one's

wing generation. A statement similar

prayers.

to his, but not r e s t r i c t e d to a syna-

215

gogue, is attributed in the Babli (6b) to

Probably identical with Rebbi

R. Helbo in the name of Rav Huna.

Tanhum b a r Hanilaï, a s p e c i a l i s t in

•jOl i l j p V T W > 3 1 O W ? Π 3 >\?0 Ì 1 > 0 > 5 1 D O " ! } > 3 1 ï y P i a ìn»p^n 3 t ? n o v o n© ani ^

.spanni?

V3a a t ? n > o ™

π ι > ρ ι - i b n >Y? i ? y w i n > > 3 1

3 > τ ο * τ Ν ί π N iτ »n:

r öτ

Q?jinö n ^ n a y n a > j i í 3 n•r

τ : · ·

η n i w aτ î: ñ aτ s- D N I i b ηί»>ί<π ·· : '» τ τ · ·

.ΠΒ51 n a ? η η κ ϊ χ

> r i m p tJ^N o n ^ t p ì >a>ç t i n o a p o j j r i a Î7>a^n>i Jii^ite V ^ Nin ^ n a

w n ^ i

mn

3

? N ^ Î

o>iy?n :

o>w )n · τ ·: ΐ3-ι>ρψ

.i>3>y Ν ψ 3 « π ρ ρ η n > a r r h > p 3

.in>ri3 - j i n ?

n u ?

mT>pi i ç n ipos 13

n ^ n η 3 ψ η - ! ? ? qfc w y y j >Jii3N

on>>y n!?yn >31 .πα?·) n o ? π η κ !?y

. r o o p i > p ii»>y h ì nyyyo ι η ί ο ψ

. r i s ? i n s r i > n o i VV>>y> n j r t y y j u i n

,l>3>y N\J>3 Ì 3 > r » ì 1 > p ? > 1 P N 13311

t?y > n - | i > n o l ? i y

IT

n w aτ :í

o > ! m a D I N >33 .on>3>3ì >3>3 *ι>ρη·)

i > P J i > 0 3 w n D ' j i y ϊ ψ ύ ί α ι V3a> i n n

»yp

s

o>-iî;rt>?

w y y >rii3N . ν π ρ α η π > 3 3

V3>y Ν ψ ι n > o 3 i w

.ιοίη

o nτ î: n s n i n aτ w: n· o >· j- i n pτ 3: ι ρ' α: τIT» :

ι ρ κ N a a -13 ν>?5Γ) > a i

.">>ρπ

. n oτ i n n- *i>p3 π τ τι > 3·· >3 v iτ> y »·:

>r>i> n a l i y p v > a i >?ri

. n iτ v o n

na>n

.V3>y N t y j ">>p η ρ κ ?

>n\y η ΐτ κ η- a nT Ti o ì τ? i y b wν i 3 i 3 - i v jτ aτ b: - i -oτn τ-

Ì 3 > p > 3 1 NO> > 1 1

i j i 3 i V3a> -ȍn

n p ? i n o ? jinN i o n n n N 3 tpripypny

>V!>?3 >> 1ΓΙ51 Π)3?ϊ 71)33 T1I1N

.>> n p i n >a> n i i > p r ù > n i N n ^ i >3

d>i3>n

»y» nói

•>Wa3 >> iri3>ri

388

CHAPTER FOUR

Rebbi Yasa, Rebbi Helbo. Rebbi Berekhiah, Rebbi Helbo comes to it in the name of Rebbi Eudaimon from Haifa: A person has to turn his face to the wall in order to pray. What is the reason? (Is. 38:2) "Hezekiah turned his face to the wall." Which wall did he lift his eyes to?

Rebbi

Joshua ben Levi said, he lifted his eyes to Rahab's wall, (Jos. 2:15) "For her house was on the wall of the fortification." He said b e f o r e Him: Master of the world, Rahab the inn-keeper saved two souls for You, and see how many souls You saved for her. [That is what is written

(Jos.

6:23): "The youths came, etc." Rebbi Simeon bar Yohai said, even if her family was 200 persons strong and they f u r t h e r m o r e w e r e related to another 200 families, all of these w e r e saved by her merit 2 1 6 .]

My

forefathers who brought to You all these proselytes, so much more 2 1 7 . Rebbi Hananiah bar Pappus 218 said, he lifted his eyes to the wall of the Temple. (Ez. 43:8) "When they put their lintel next to My lintel, their doorposts next to My doorpost, with the wall between Me and them 2 1 9 ." They were important people, they could not go and pray in the Temple every time, so they prayed in their house and the Holy One, praise to Him, considers it as if they had prayed in the Temple. My fathers who built for You all this glory, so much more. Rebbi Samuel bar Nahman 2 2 0 said, he lifted his eyes to the wall of the woman f r o m Sunem, as it was said (2Kings

4:10): "Let us m a k e a small

upper storey on the wall". He said before Him: Master of the world, the woman from Sunem made one wall for Elisha and You revived her son. My forefathers who built for You all this glory, so much more that You should give me my life. The rabbis say, he lifted his eyes to the walls of his heart. (Jer. 4:19) "My innards, my innards I m a k e tremble, the walls of my heart are in uproar." He said before Him: Master of the world, I checked all my 248

389

HALAKHAH 5

l i m b s 2 2 1 t h a t Y o u g a v e m e a n d I did n o t f i n d o n e of t h e m I o f f e n d e d Y o u w i t h ; s o m u c h m o r e t h a t Y o u s h o u l d g i v e m e m y life. The argument, as usual, refers to

authority was accepted by A b b a i e and

the part of the verse not quoted in the

Rava, the undisputed l e a d e r s of t h e

text: "The youths, the spies, came and

f o u r t h g e n e r a t i o n of Amorai'm

removed Rahab, her father, her mother,

Babylonia.

her brothers, and all her belongings;

219

and they removed all her families

upon the p e o p l e a d d r e s s e d , t h e bad

216

and

in

This v e r s e ends w i t h a c u r s e

deposited them outside of the camp of

kings of Judea.

Israel." One would have expected "all

palace and the Temple were designed

her

by David and built by Solomon, one

family" but

it s a y s "all

her

But since t h e r o y a l

families".

must assume that the layout and use

217

were done by praiseworthy kings.

This expression is elliptic, see

the last two paragraphs.

220

218

by Rebbi Levi and the following one

In the Babli, he is called Rebbi

In the Babli (10b), this sermon is

Hanina bar Pappus. He belongs to the

by R. Simeon ben Laqish.

circle of the students of R. Yohanan,

221

but it is not known w h e t h e r he was

Ahilut

himself one of the latter's students. His

enumerated in anatomic detail.

oh)

v i a j i y nnr)> -n>> N>N

, Η ^ Ι ^ Π

wh N>A

.D>yn¡2n >vn¡?

dn·) t v

This number is given in Mishnah 1:8

linnn

where

they

are

ι ο ί - i n>ri : n

TIN V I ! 3 ? V I A TIN N N N N ! ?

ly?

M i s h n a 5: If o n e w a s riding o n a d o n k e y

r u s ")>!>.?? Ν " ! © * ? ^ 222

all

mvn Ü>N

ro>ap3

, he should descend.

If h e

c a n n o t d e s c e n d 2 2 3 , h e s h o u l d t u r n his h e a d ; if h e c a n n o t e v e n t u r n h i s h e a d , h e s h o u l d f o c u s his i n t e n t t o w a r d s t h e H o l i e s t of H o l i e s 2 2 4 .

If h e

w a s r i d i n g in a s h i p o r o n a r a f t , h e s h o u l d f o c u s his i n t e n t t o w a r d s t h e H o l i e s t of H o l i e s .

390 222

CHAPTER FOUR If it is close to the end of the

not stop.

time alotted for the prayer, so that he

224

must pray now.

himself praying in the direction of the

223

Temple.

Either b e c a u s e of d a n g e r or

In praying, he should imagine

because he is in a caravan that would

^ ο η ρ ι TV

.rñnna

>o

to

i n l p j p a i c a r i o η ? i n i ÏÏ5 V 3 I Ô Î N .»ans

ON i t o n n ì y i : m n > n >?n . i n i p í p a t>>3Tin

ηΛη

ON·)

^\tön> >3*1 o y ^ n s i n r n v >5-1

Halakhah 5: It has been stated

225

:ι?ψ

: One who was riding on a donkey, if

he has somebody to hold his donkey, he should descend and pray on the ground, otherwise he should pray where he is. Rebbi says, in any case he should pray where he is because then his mind will be at peace 226 . Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rebbi 227 . 225

T o s e p h t a Berakot

3:18, Babli

and Rava. Since the Babylonian Rava

30a (in slightly changed wording).

(son of Rav Joseph bar Hama, the last

226

Babylonian

This is e x p l a i n e d in

Midrash

mentioned

in

the

Êarah 1: He should

Y e r u s h a l m i ) lived a b o u t 100 y e a r s

not descend because he will be worried

a f t e r R. Joshua ben Levi, it a p p e a r s

about valuables he has on the donkey

that it took about 100 years f o r this

or because of Gentiles.

Israeli p r a c t i c e t o b e a c c e p t e d in

227

Babylonia.

Tanhuma,

Hayye

This ruling is given in the Babli

in the names of Rebbi Joshua ben Levi

m i n > p n i n i N ρ - ι η η ο γ π n i m i n - W ? ί β γ ι » m i ν π ν i n apì»> >?-) d o n

oîvî^ *

ï y o n n i n N i n£>njna ιιαΝ n j χήηφ

*V3Ni . J v r n y p

nçij? οηηϊΐψο ηητη

ηιρηρ.

391

HALAKHAH 5

Rebbi Jacob bar Aha: It has been stated there 2 2 8 , in all directions one does not stop him except in the Eastern direction 229 . Abun said, as of old (Ez. 8:16)

230

Rebbi Yose bar

: "Their backs to the Temple of the

Eternal and their faces turned East, they were prostrating themselves Eastwards before the sun." 228

ordered his servant not to let him pray

In Babylonia, where the direc-

tion towards the Temple in Jerusalem

in an Eastern direction because that

would be to the West.

was a Christian custom (Bava

229

25a).

When somebody turns his back

to Jerusalem, he cannot pray.

This

230

Batra

In Ezechiel's vision of all the

formulation is not mentioned in the

abominations for which Jerusalem will

Babli except that the blind Rav Sheshet

be destroyed.

VÌÌ2W

n r ) n i n m n n*t

Jiy V ? a i n x y t O risina

v7>?ivn

.na

q j ^ w nip)? ^

ID^s oiTi? Vipiyn .rvn»>

ιονϊΨ

ι

VTpivri (fo1·

n?3n i n

.o>ynî?n > γ π ρ ΓΡΙ

ο>ηψη

^

*ιψΝ - p y n n i l

n?3ni moi

^

d ü o njç» ·)η>3? ri2s v ? ? i n ϊΗΛψ

V^a^pi

ί ΐ ' Ν ψ >01 κ η ι ο >?n

νιρίνπ

.oniiN^ n r o ιψΝ d^-in ovo noi

^

8d

>

lopin

o?^>wa

v??in n>in i n ? v>>anpi Vipiyn yov>n n j w f m n o i p j a n ^

.οί*ντ>

-pay? V l P i v n I N W ?

ai T V : »>

í o p > n!?ajp Ji>3 >ri>3 >? ΐ ' π ρ ι N i n n

oy\? . r i n ^ o - ! 9VBV"!

l·?7?? r m p 3 V T P i y n ,-rnis o i p o î w

.γα*1?

!?¡>nvy>-!?D

It has been stated 231 : One who is blind and one who cannot determine directions should have in mind to pray to Heaven as it is said ( I K i n g s 8:44) 'They shall pray to the Eternal". Those who are praying outside the Land turn their faces towards the Land of Israel. What is the reason?

392

CHAPTER FOUR

{IKings 8:48) "They will pray to You through their Land that You gave to their forefathers." Those who are praying in the Land of Israel turn their faces towards Jerusalem. What is the reason? (2Chr. 6:34) "They shall pray to You by way of this city that You chose." Those who are praying in Jerusalem turn their faces towards the Temple Mount, as it is said (IKings 8:48): "And the Temple that I built for Your Name." Those who are praying on the Temple Mount turn their faces towards the Holiest of Holies. What is the reason? ( I K i n g s 8:30) "They will pray to this place and You will hear at Your dwelling place in Heaven, You will hear and forgive." Those who stand North will be facing South, those who stand South will be facing North, those who stand East will be facing West, those who stand West will be facing East. It turns out that all of Israel pray towards one place. That is what is written {Is. 56:7) "For My house will be called a house of prayer for all people." 231

with minor deviations. The tradition of

Shortened versions are in To-

sephta Berakhot

the verses is somewhat garbled in

3:13-16 and Babli

Berakhot 30a; the entire text to the end

order to make the point of

of the Halakhah is in Shir rabba 4:11

derivation clearer.

.il? vpiû o>?arr!7D^ bri

.ni»a>ri>

r m a HD-ìia

the

t o ' n n ν ι π η> 15 vwirr >ai i o n "paN >:n -»ON

m-pna

.tym

yo^ n n p ? n?*m

Dit7\{» n a n o v n i a ynyi n n p ?

n?ìn - m

IN?

n v a j v ^ n^ana

n j i i ì li»* Drop !?íoy?

bjn

Rebbi Joshua ben Levi said: (7Kings 6:17) "That is the Temple 'ISV', Inside 232 . A Temple towards which all turn. So far when it 233 is standing. In its destruction, from where? Rebbi Abun said (Cant. 4:4): "Built for talpiot", a mound (*?n) on which all mouths (ni's) pray, in Grace, recitation

393

HALAKHAH 5 of Shema,

and Amidah.

In Grace, "Builder of Jerusalem".

In

Amidah,

"God of David Who builds Jerusalem 235 ". In the recitation of Shema', "He Who spreads a hut of peace over us and His people Israel, Consoler of Zion and Builder of Jerusalem. 236 " 232

The word η'ΐιΛ is missing in the

direction of the Temple a f t e r its

Rome manuscript and in the quotes in

destruction.

Yalqut; it seems to be a marginal gloss

235

that found its way into the text, to

for benediction 14, see above Note 146.

explain the unintelligible term 'JBV that

236

in IKings really seems to mean what

the Babylonian (current) version of the

Rabbinic B'JBV "inside" expresses.

second benediction after the Shema' on

[There is an expression in the Baby-

Sabbaths and holidays.

The entire

lonian Talmud for the Holiest of

benediction was the

Yerushalmi

Holies, o'lB^i 'JB^, which probably

version for everyday.

The phrase

should be vocalized D'IBVI 'IBV, based on

"Consoler of Zion" is missing in the

this Yerushalmi.] The explanation here

Leyden manuscript and Venice print

suggests to read 'JB^ as shorthand for

but it is in the Rome manuscript and

O'JÍB D'IbV, "for faces to turn."

Genizah fragments and is supported by

234

The problem is,

what is known of the Israeli prayer

how do we know to pray in the

rites in the times of the Cairo Genizah.

The Temple.

>?>•)

v m ->»ίΝ ι η κ η ι ο ι

.>nip»p

The standard Yerushalmi ending

The first part of this blessing is

raiwN

ioín τπν

mro

One verse says ( H o s e a 5:19) "I shall go, I shall return to My place". Another verse says ( I K i n g s 9:3) "My eyes and attention shall be there forever."

H o w is that?

One's face upwards, one's e y e s and attention

downwards 2 3 7 . 237

(The parallel in the Babli,

here is credited there to R. Yose the

Yebamot 105b, replaces the verse from

Tanna.) The two verses speak of God.

Hosea by one from Threni. The ruling

The first asserts that God has left the

394

CHAPTER FOUR

earth and is found only in Heaven, the

necessary to adress it in the correct

second that God's attention is always

direction and how can one pray in two

given to the Temple here on earth.

distinct directions?

Since prayer a d r e s s e s God, it is

N>3 ΤΗ 15 p v p v i

.CPVN^U 'VHI? ï y o ' v n ^ n 'VHR n>a

Hi oni>a >3-1 -im poo

ïiy&y

^

V P ? W'B ON·)

N S I Ν»Π

ηοο ï y

D>\y7^n

ny

.o^yn^n

·>νηρτ iva "tm? -içn

TPI

iììdp

Nflîten

o>v>7(Pn >yn¡?

"And if not he should focus his intent towards the Holiest of Holies. 238 " Toward which Holiest of Holies? The Great Rebbi Hiyya: towards the Heavenly Holiest of Holies. Rebbi Simeon ben Halaphta said, towards the earthly Holiest of Holies. Rebbi Phineas said, they do not disagree, the earthly Holiest of Holies corresponds to the Heavenly Holiest of Holies. (Ex. 15:16) "A base for Your throne", corresponding to Your throne 239 . 238

This is a shortened quote from

derived not from the Biblical Hebrew

the Mishnah, about the person who

root 113 "to be based, solid", but from

cannot stand and pray in the direction

Aramaic/Rabbinic Hebrew pa "to

of the Temple.

direct".

239

Rebbi Phineas takes f o n to be

. o tτò y ì ?τ D Nτ ;3 V n nτ τi r i o wτ o 'v y -»ON i n- τ ΤΗ >Ν3> >1-Η Ν3Γ> Ν » Η

—

"PIN ,Ο'ΡΊΝ'? DNSV ΠΝ">> ΟΨΗΨ Ι Ο Ν Η Π Η )

. o b i y b Π Ν ^ ν r n n N ο ^ ο ψ -ION r o n r u -içn n r j m

ί ί ι N aτ n N τ» ·n > m . nτn ·i n n- n -r a:

n a v 137

.o!?iy£ r i N s v r r p N ο φ ο ψ ΊΟΝ

ι η Ν τ η >Ν3> u t » Ν » η r n

2 4 0

im

.cùiy!? r i í K ^ v j i V - o n ο ψ ο ψ 24

(2Chr. 3:1) On Mount Moriah i. The Great Rebbi Hiyya and Rebbi Yannai, one of them said that from there teaching goes out to the world,

HALAKHAH S

225

the o t h e r o n e said that f r o m there fear g o e s out to the w o r l d .

Ark.

The

Great Rebbi H i y y a and Rebbi Y a n n a i , o n e of t h e m said that f r o m t h e r e light g o e s out to the world, the other o n e said that f r o m t h e r e c u r s e g o e s out t o t h e world.

T e m p l e Hall.

Rebbi H i y y a and Rebbi Y a n n a i , o n e o f

t h e m said that f r o m there inspiration g o e s out to the world, t h e o t h e r o n e said that f r o m there the c o m m a n d m e n t s g o out to the world.

240

Reading of the Rome ms. and

Taänit 16a.

The Venice print has

rriin is taken either from the root

nan, from a scribal error in the Ley den

min "to t e a c h , d i r e c t " or f r o m « a i o

ms.

"fear".

Beresit

rabba.

| ί ι κ is t a k e n e i t h e r as a b -

This Aggadah is a continuation

stractum f r o m lix "light" or from m u

of the previous discussion about t h e

"to curse" (the unbelievers). The use of

241

place of the Holiest of Holies, which

la? "Divine

was on Mount Moriah.

explanation of v a i is f r o m 1er. 5:13.

parallel is in Beresit

An e n l a r g e d rabba

55(9); a

very s h o r t e n e d v e r s i o n is in Babli

. Η Ί * Ή Ο «: Η- Λ'

Assada

:

DN^JÌ

inspiration"

in

the

nai d e n o t i n g one of t h e T e n Commandments is found in Deut. 4:13.

. j m i t ? A - >- Ν > Π

2 4 2

Γ Ρτ Ι· 3· 0: Ν Ν Τ Ι TTT ON Ν > Π · τ τ -

is t h e s a m e as σ χ ε δ ί α , w h i c h is t h e s a m e as

raphsodot.243

([2Chr. 2:15) '"We shall bring t h e m t o y o u as rafts." 242

The Yerushalmi text has TT-OOX ;

Hebrew might be a Phoenician term

the w o r d is m i s s i n g in ms. Rome.

derived f r o m Greek QCUCTO) "string or

Musaphia in Arukh,

link together" (E. G.).)

s. v. κιοκ, r e a d s

nnaoK, as does the Gaonic Commentary

243

to Mishnah Negaim

The other

plains the unusual word used for "raft"

13:1 read the

at the end of the Mishnah. The verse

word as xjlgOK, Greek κ ε ρ α ί α "beam;

refers to the logs of cedar delivered by

horn; projection", which does not make

Hiram of T y r e to Solomon f o r t h e

sense here, σχεδία means "raft." (The

building of the Temple.

13:1.

commentaries of Negaim

technical term

ΤΠΊΟΒΊ

in late Biblical

The end of t h e H a l a k h a h ex-

396

CHAPTER FOUR

.*vy - > 3 n g H t y o > a c i ö n n ^ ' a r i v n - i j o ì n n n t v 13 ίοψο nçiN Γφη>

,*i>y

>21 :1 n w a

Ν ^ ψ ί *vy n a o s ο η ρ ί κ

. p a p i ó n r i ^ a ^ n n w s *τ>η»η i > y

oipç-!??

ia

Mishnah 6: Rebbi Eleazar ben Azariah says, Musaph

o>)?Dnì

prayer is said

only in an organized community, but the Sages say, with and without an organized community. Rebbi Yehudah says in his name 2 4 4 , at any place where there is an organized community a private person is f r e e f r o m reciting Musaph prayers. 244

R e b b i E l e a z a r ben A z a r i a h ' s

e v e r y w h e r e , but in a lown with an

name. He disputes the tradition in the

organized synagogue it is e n o u g h to

name of R. Eleazar that Musaph cannot

listen to t h e p u b l i c p r a y e r of

be r e c i t e d

reader that he recited without

community.

outside

an

organized

According

to

Rebbi

has to be r e c i t e d

>3*1 D1WD

r m > > 3 - p Π?!?Γ) *V?N ΓΟΠ >3*} DW? >3>3 > 3 Ί

•Tl>bîH N*113>3 • j τ

τ

a

c o r r e s p o n d i n g silent p r a y e r of t h e

Yehudah, Musaph

t Ö >ÌOV I P N3N I O N ^NWV^T p

the

congregation.

"ΙΏΝ Ϊ>Ν10ΥΠ Π>ΓΙ>>)?

TttbTl

n n t y 13 "ItybN

NÎ71 NJlliW V > m Π>-»3 Π>ΟΤ l ö t *ΤΠ H Ïτ Hγ N Û O i m TP!?Ü τ: τ τ ·· : · : ' τ s τ τ

Halakhah 6: Rebbi Bibi 245 in the name of Rebbi Hana:

Practice

follows Rebbi Yehudah who said in the name of Rebbi Eleazar ben Azariah. What we know of Samuel means the same; for Samuel said: I never prayed Musaph except once when the son of the Resh Galuta died and there was no public prayer, then I prayed 246 . 245

P r o b a b l y his n a m e w a s Vivi-

authorities.

In the Babli (30a-b), t h e

anus, an Amora of the third generation.

author of the ruling is Hiyya, the son of

Rebbi Hana's name a p p e a r s t w i c e in

Rav.

the Talmudim; he seems to have been a

246

student of Rebbi J e r e m i a h .

r e f e r s to a time when t h e r e w a s a

Neither

Rebbi Bibi nor Rebbi Hana a r e great

The story of Samuel in the Babli

military occupation of Nahardea.

HALAKHAH 6

N 7 > p n " ρ ν ρ ψ >?") a w ? >"!>* Ί Ν ψ ΝΠ

o>yna

>ΓΙ>ΝΊ

2 4 7

>31

N ^ I O N ni

1}?Ύ7 ΐ ν ι > £ > ο

VWJTO

ο^ΓΡ?

1

·)5ΐΊν > a i -ÍJOT i ? IONI l j n v > 3 - n n>ri>>>? . i > 3 » n

,ηοιη

niöN i

pnia^

ty

n>3>o y ç y ) j w

>3i o w n

ί ο ν ψ r m n > >?ι

ty

m

^ a i p o i riTON i

>-r-> Ν η ψ ib>3íf N ^

ty

cniO?

p w ? ^ S J i m τ η ΐ ν >n|?

. T ò r i n>?>>? yovy JIN

- ì n i a n a I ' V "»5D 1>N"!

η>?>» ν ο ψ w

t^ajpn

o>Vi"i3

n>?>n ν η ψ w

n i » « i ττ^Γ)»^ - i n i η ί ο

.inia>ip

vpa'*

. n n t v 13 >31 i n n

,ηοίη

.TiiöN i :p!?>n

The words of the rabbis disagree since Rebbi Jacob bar Idi said in the name of Rebbi Simeon the pious 248 : For shepherds and field guards 249 . Hence, the Mishnah spoke only for shepherds and field guards; therefore, everybody else is obliged. The words of Rebbi Yohanan agree since Rebbi Yohanan said: I saw Rebbi Yannai standing in the market of Sepphoris praying; then he walked four cubits and prayed Musaph250. organized c o m m u n i t y in Sepphoris?

Is there no

You infer f r o m this t h r e e

conclusions. You infer that the markets of Sepphoris have the status of Sepphoris 251 .

You infer that one disagrees with Rebbi Yehudah who

spoke in the name of Rebbi Eleazar ben Azariah. You infer that a person may.pray, walk four cubits, and then pray Musaph.

Rebbi Abba said, not

necessarily four cubits but even if he waited the time necessary to walk four cubits 252 . 247 script.

R e a d i n g of t h e R o m e m a n u -

vents them f r o m going to the syna-

T h e word is missing in t h e

gogue. They probably were unable to

Venice text.

pray Musaph by themselves since they

248

were uneducated and

An Amora of the first Galilean

prayerbooks

generation.

w e r e u n k n o w n at t h e time.

249

u n e d u c a t e d p e o p l e can a t t e n d

Persons whose occupation pre-

Other the

398

CHAPTER FOUR

synagogue and f u l f i l l t h e i r duty by

the whole town and not only to t h e

attentively follow the r e a d e r ' s repe-

buildings that are the property of the

tition of the prayer word-by-word, but

Jewish community.

not shepherds and watchmen; hence a

252

way has to be found to help them.

r e q u i r e s time to c o n c e n t r a t e

250

attention without giving a n u m e r i c a l

A shortened version, s p e a k i n g

only about the Musaph

The parallel in the Babli (30b) one's

p r a y e r , is in

estimate; that tradition is in the name

Babli 30b. In both Talmudim, it is clear

of the Babylonian Rav Huna and t h e

that the sages who reject R. Yehudah's

Babylonian-born R e b b i Hiyya.

tradition a r e Galilean in the tradition

may assume t h a t t h e s t a t e m e n t of

of R. Yannai.

Rebbi Abba reflects the opinions of his

251

teacher Rav Huna.

"Organized community" refers to

. - i n n n a \ £ n n > r j n s V N "iPN ^ N Ì O ^ 1 ηψν?}

i ^ p N n>> - » o n

-V?

^tf?

π ι v¡nn> i n o ' o v

One

"V?*

>ρίρ

DV >T>>?^ w r i i i i n r u s rp?fl>

ηοί»

Rav says, o n e must c h a n g e the t e x t 2 5 3 , but S a m u e l says, o n e d o e s not h a v e to c h a n g e the text. Rebbi Zeïra asked b e f o r e R e b b i Y o s e : the practice, t o c h a n g e t h e t e x t ?

W h a t is

H e said t o him: e v e n if o n e said only:

"And w e shall bring b e f o r e Y o u w h a t is o u r duty, t h e p e r p e t u a l s a c r i f i c e of the day and the Musaph

sacrifices 2 5 4 ", he has satisfied his duty.

Since the Musaph sacrifices are

prayer is a c c e p t a b l e if t h e s e n t e n c e

distinct f o r every holiday, the prayer

quoted here is the only addition to the

253

must accomodate this distinction.

Amidah

254

Fleischer,

Every holiday has its own set of

prayer f o r holidays, cf. Ezra nV'sn

'jnini

nV'Dn

Musaph sacrifices but the language is

n p j j n neipna D ' ^ m w ' - f w , J e r u s a l e m

uniform f o r all holidays.

1988.

."IDJ3V

P>>3J?P

: n o(7 N î i t o s " E N HM

n>> - i p y i

A

Musaph

ΕΠΝ >3? > NSpi IP

.·)3>>ί» - o ? n ï ) nyw

2~\ OW3 ì i d n p y ? ">3 1 P 0 5

un

ION

.Htyρ

>3"! N*yy*

n p y > -11 i p n j

399

HALAKHAH 6 τ η ψ ν Nsrçn

a n o w ? N ^ W >3"! ">51

sïyyi ">tni

>>35

v > > 9 n n O-JN

Rebbi Shila

255

in the name of Rav Hananel

256

: If he had prayed and

found ten people who were praying, he prays with them. Rebbi Ze'ira and Rav Nahman bar Jacob were sitting. After they had prayed there came prayer 257 . Rav Nahman bar Jacob got up and prayed. Rebbi Zeira said to him: Did we not pray already? He said to him: I pray and pray again, since Rebbi Shila said in the name of Rav Hananel: If he had prayed and found ten people who were praying, he would pray with them. T h e head of t h e Yeshivah of

if one is a b l e to pray a new t e x t ,

N a h a r d e a at the end of the Mishnaic

d i f f e r e n t f r o m the one already used.

period.

255

His title shows that he must

The tradition here seems to be based

have studied and obtained ordination in

on the opinion, rejected in the Babli,

the Land of Israel.

t h a t p r i v a t e p r a y e r is c o n s i d e r e d

256

He appears in both Talmudim as

nonexistent if compared to prayer in

a student of Rav, w h o was younger

p u b l i c with a q u o r u m of ten a d u l t

than Rebbi Shila. The tradition h e r e is

males.

difficult to accept but is not impossible;

257

it might be that Rebbi Shila accepted

for public prayer.

the position of the school of Rav in this

h a p p e n s in Babylonia; R e b b i Z e ï r a

matter. The Babli (21a/b) quotes only

represents the opinion of Samuel and

the position of Samuel t h a t one may

Rav Nahman that of Rav.

The congregation assembling T h e e n t i r e story

repeat prayer with the community only

V>>SJ1P i N ^ p i Ν α ι η η η ψ ï y ! ? > a m n y w

H? VW

n>>y) ! ? > n j v

*ry - » ? ί η

. n p N I O N τ η >N?

ypiw i y

I O N ? -ȂN n n m

NÌDW NÌD j m * O N

t?N

ONT ^ a j i ? I O N

.wn^n iwn

. τ α ψ ? v m ¡ ? n Ϊ?ΝΠ ï y ·)ΟΝ? i m

inç

o w n r m > >3-1 ΝΠΝ >?->

ty 1

.tJìn?

innN

i » N a ΊΟΝ i n

.>>>>? Ν ?·) o n ^ a

,ηοιη

ΊΠΝ

VNnioN ,rí?>ajn

y n w ty i p t o n m

ÌNOÌ

400

CHAPTER FOUR

Rebbi Aha, Rebbi Jonah, in the name of Rebbi Zei'ra: If one had said the morning prayers and came and found them praying Musaph,

he prays

with them. If he did not pray the morning prayers and came and found them praying Musaph, if he knows that he may start and finish 2 5 8 before the reader begins and he can answer "Amen", he may start, otherwise he may not start. About 2 5 9 which "Amen" did they talk? Two Amoraim, one says the Amen of "the holy King" and the other says the Amen of "He W h o listens to prayer". Rebbi Phineas said, they do not disagree. He who said: the Amen of "the holy King", on Sabbath, and he who said: the Amen of "He W h o listens to prayer", on weekdays. 258

The morning prayer that has to

259

Since one speaks about

prayer

that

benedictions, the paragraph is out of place. It is copied word by word from

precede Musaph.

has

only

Musaph

Halakhah 3:2.

seven

o n a i n >-p o > a i n ΠΝ, t o s i » ι ΐ 3 > * η>>ψ i n i N

γ ρ . IJ>3B Ι«ΓΙ

. N r ^ p j ? v ^ N ? î w ^ P ? 1 3 1 ? r o ^ n ·)3ην > ι ι o y n v i i a n q i o n JUS

ι»

> > * e n>> "ijoNÍ

.NJiy>pB

i n r i y a n > vin NTOO αϊ·)

>31

n a ? N!?·) ÍO>JK > a i n>> -IONI .N>>*>? ΝΊΌΠ a i o j ?

l a i ? r o b r ) ^ n v > a i o w a v i p n i lari!? > v a n v o l i n o n i >1> P>3? N3>in J1>31? Ì-7N ΝΠ D>31? N ^ N W 1

. ^ s ô î ">îDl n î n

.Nriy>î?fl

N>y^in > a i i ,!?n>>>?ì i a i ov>a >ari >N}Jr!?3 niN>i ni t >w >ai i ç n οψ

join

Mini i j n v > a i 0 Ψ 5 ν ΐ υ > ί ? 7 MIN > a i

n i a Nτ l o i N niD->3 τ: n νo? ' ·ρ·

^N^Pî

,>riain

. ο > ρ 3 Π o w ? τόΎ >35

m τo :Nιτ n j τi o ·i i: o- ì o i r o!n- > a· n· * i-o τn

.wìóo

. o w n π ψ π ρ ί J1Ì1Ì33H

There 2 6 0 we have stated: Rabban Gamliel says, the reader frees the public f r o m their obligation 261 . The older Rebbi Huna f r o m Sepphoris in the name of Rebbi Yohanan:

Practice follows Rabban Gamliel for the

401

HALAKHAH 6

prayer accompanying the blowing of the Shofar 262 . Rebbi Zeira and Rav Hisda were sitting there 2 6 3 for the blowing of the Shofar. finished the prayer

264

After they

, Rav Hisda got up and prayed. Rebbi Zeïra said to

him: Did we not pray just now?

He said to him, I prayed and I am

repeating the prayer, because Westerners came down and said in the name of Rebbi Yohanan: Practice follows Rabban Gamliel for the prayer accompanying the blowing of the Shofar, but I was inattentive. If I had been attentive, I would have fulfilled my duty. Rebbi Zeira said, that is fine 2 6 5 . All Tannaim 2 6 6 state it in the name of Rabban Gamliel, Rebbi Hoshaia states it in the name of the S a g e s 2 6 7 . Caesarea

268

Rebbi Ada f r o m

in the name of Rebbi Yohanan: This is only if he attended

from the start. Rebbi Tanhum said, the Mishnah 2 6 9 expresses this: The order of benediction, o n e says "Forefathers", "Greatness", and "Sanctification of the Name". of the middle benedictions requires the 260

In t h e last M i s h n a h of

Hashanah.

Rosh

T h e entire piece is f r o m

the end of tractate Rosh Hashanah·, at two p l a c e s w h e r e t h e t e x t of

the

Venice print here d e v i a t e s f r o m t h e one in Rosh Hashanah, the text follows the latter version. (The first, "Rabban Simeon

ben

Gamliel"

instead

of

"Rabban Gamliel" is a c l e a r s c r i b a l error, the second ηηκ for ηκ is an echo of the previous story of R. Zeïra and Rav Nahman.) 261

Bible. In the absence of prayerbooks, that p r a y e r w a s p o s s i b l e only f o r learned specialists. In the time of later Gaonim

(O zar

Hashanah,

Hagäonim

Rosh

p. 68-69), two d i f f e r e n t

Babylonian p r a c t i c e s a r e

reported.

One, which seems to be alluded to in Babli Rosh

Hashanah

individuals

first prayed

Musaph

35a, is t h a t a

silent

p r a y e r of the usual s e v e n

b e n e d i c t i o n s f o r h o l i d a y s and t h e n the

listened to the nine benedictions of the

p r a y e r of New Y e a r ' s d a y

r e a d e r (with s h o f a r b l o w i n g ) f r o m

which contains nine benedictions; each

beginning to end. T h e second, which

Musaph

T h e Mishnah d e a l s w i t h

quoting of at least 10 verses from the

402

CHAPTER FOUR

seems to be alluded to here, was that

266

there was no silent Musaph

teachers of the Mishnaic period but the

all on Rosh 262

prayer at

Hashanah.

a r e not

the

people w h o m e m o r i z e Mishnah and

The Mishnah of Rabban Gamliel

d e a l s o n l y w i t h Musaph Hashanah.

T h e s e Tannaïm

of

Rosh

From t h e s t a t e m e n t of

R e b b i Huna it s e e m s t h a t

baraitot to recite them in the Yeshivah when they are needed. 267

Most Tannaïm imply that in the

Rabban

days of Rabban Gamliel his opinion

Gamliel h e l d t h a t a p r i v a t e person,

was a minority opinion, which became

even if educated, never needs to pray

generally accepted only t h r o u g h t h e

Musaph if he listens attentively to the

decision of R e b b i Y o h a n a n .

reader in the synagogue. This remains

Hoshaiah implies that Rabban Gamliel's

a c o n j e c t u r e in t h e

was the generally a c c e p t e d p r a c t i c e

Hashanah 263

Babli

(Rosh

34b-35a).

Rebbi

already in Mishnaic times.

In Babylonia. Perhaps "staying"

268

Another student of R. Yohanan,

would be better than "sitting".

of the t h i r d g e n e r a t i o n of G a l i l e a n

264

Amorai'm.

From t h e f o l l o w i n g , it seems

clear that they did not pray

Musaph

269

Rosh

Hashanah

4:5, implying

f o r t h e m s e l v e s but l i s t e n e d to t h e

that the prayer is valid only if it is

reader from start to end.

recited in the correct order. Hence, it

265

Since Rav Hisda, the head of a

is valid f o r t h e l i s t e n e r only if he

Yeshivah, c e r t a i n l y is c o m p e t e n t to

listened in the correct order, starting

recite his own nine b e n e d i c t i o n s f o r

from the very first word.

Rosh Hashanah from memory.

'tiran p i s p D i y p x

v n D o i w o n ο > τ ρ η .wíó

lin» n ^

v i p i y γπ

^ φ η i^flN .03} γιν uprç» HD .p>o?> Hi

tapi»

h rovo

Jir»N n v v v n w

-JI-Q vins Ì ^ ù n ì

tO

Mishnah 1: One starts to pray only in a serious frame of mind. The first Hasidim waited one hour 1 before praying in order to be able to concentrate. Even if the king greets one, he should not respond. Even if a snake is wound around one's heel2, he should not interrupt. 1 2

kill the snake.

In preparation, reciting Psalms.

The Mishnah speaks

As explained in the Halakhah, if

only about the snake already being

one sees a snake attacking from a

wound around his leg without biting;

distance one must interrupt and flee, or

probably that is a nonpoisonous snake.

- v i w - p i n ρ Nao l j n v >3->

>3-» dw? γρ>?-)> >·η :h r o * n (foi. 8d)

>?") .ι?ϊ» n ^ ì τ η ι ο ψ ι n o y n w n j HON "Wön

>pv >3Ί

Ó?

P } oy\? noi OV>3

.·)>»>? tO) ι η ο γ ή n o y u m N3 >y>?w Halakhah 1: Rebbi Jeremiah in the name of Rebbi Abba: Prayer is forbidden to him who comes from a trip. What is the reason? (Is. 51:21) "Listen to that, poor woman, drunk and not from wine.3" Rebbi Zeriqan, Rebbi Yohanan in the name of Rebbi Eliezer, son of Rebbi Yose the Galilean4: Prayer is forbidden to one in pain; is that not our verse: "Listen to that, poor woman, drunk and not from wine"?

404 3

CHAPTER FIVE This proves that there is drunken-

ness not induced by alcohol. prayer, the Amidah,

days to get one's thoughts together.

Formal

4

is f o r b i d d e n to a

drunk.

T h e p a r a l l e l in t h e B a b l i

(Eruvin

65a) even notes t h a t a f t e r a

Tanna of the fourth g e n e r a t i o n ,

active in the a f t e r m a t h of the war of Bar Kokhba.

He tried lo systematize

aggadic interpretation of the Bible.

lengthy caravan trip one needs t h r e e

rpnp

piny; îjino

nn>ty n i n o

bbaap?") d * j n - r i o i j ? h ï

-

-»v?3?

ρ ) r n i n ΪΨ - ο τ r j i r t o ΗΪΗ

y i N n jii!?î? * i i n n n ^

ρίηψ rjino

d>nu33 «»so

.mTin ϊ ψ * m

>3-1 M a n

.non?

o n i i -jinn n ^ i «¿νί n t o p nn>w - p n p n^j rjinp

tày

niyi n . 3 7 3 ÌO^.^T W

N i n T i y i j n v >3-» it? - i o n

>3ji

*]inn

v>\?3 o v m VPnin

din

tjino o>íiv)íon

. n i n ^ i n n . 3 7 3 1 o r i i ^ in>>3-;»o ^ i n

N 3. 3. .H. D Ì - K i n n >Τ o. * v n >t nΤ wV >oí7 ,!?33 y p' wI n' h dT Ts n o- tΤo S o n" nΤ n i o n :T >S . V T m

n·· 3 i 3

H i n t v •»ni!? "Tio>ri . o n n v n p p o Ji>3 i s n i n ? !?íd> . v n p p r i γ ρ 3 v mτ : 3 > Γ· ο ηir ι : . n i n Dτ i n > - î 3 T 3 o n· nτ t O Ï

ì33>wq

. « η ρ κ ρ υ ί Ν η ' 3 3>η?η)

. i ^ p ' p y Κ'Π o » i J 3 Ν

1 3 1 TjinO Ν ^ Ν >3*)? η ι η κ >3*1 v p p i v ν η η ρ 3 >3")

. 0 3 Β 1 3 7 1 -ΙΟΝ - I O N I

Ι^Π

•>•> - a * t 3 i o n i n o p n nçs

-Vppiy v n

n o η>η

. o n- nτ v aτ n ·n o~ b yν n b i a o- 3s n > o-p τ : ι ·

^

ήκηι

-WÇPW

nnr»

">3T¡ r j i b n o o b i n η ρ η > η η -VPpiV ^

VO^ n n p 3

,rnTin

1ÇN

- V p p i v v n o b i y π ν > - > 3 3 ί ο ν n a ")3 n i v

nin^?

WV· ^ 7 7

- V p p i y v n n 3 3 i p 3 V 7 0 * 15311

.o'by'n? ^

171'

^

^

. ' i n v)n ' o i e ] v i n 3 ? τ n s n i i o n

ηκι

It is stated 6 : "One should pray neither o u t of c o n v e r s a t i o n , n o r o u t of jokes, nor out of frivolities, nor out of idle o c c u p a t i o n s , but o u t of w o r d s of Torah.

Similarly, o n e s h o u l d n o t t a k e l e a v e f r o m o n e ' s f r i e n d e i t h e r

out of c o n v e r s a t i o n , or o u t of j o k e s , or o u t of f r i v o l i t i e s , o r o u t of idle o c c u p a t i o n s , but o u t of w o r d s of Torah, s i n c e w e f i n d that t h e e a r l i e r

405

HALAKHAH 1

p r o p h e t s w e r e closing their words with e x p r e s s i o n s of praise and consolation." Rebbi Eleazar said, except for Jeremiah who closed with words of reprobation.

Rebbi Yohanan said to him, still he closed with

words of consolation and said (Jer.

51:64) "So Babylon shall sink."

Because Jeremiah continued to prophesy about the Temple. One could think that he closed with the destruction of the Temple, but the verse states {Jer. 51:64) "So far the words of Jeremiah," he finished with the downfall of its destroyers, he did not close with words of reprobation 7 . But is it not written (Is. 66:24): "They will be a horror for all flesh? 8 " That verse deals with Gentiles. But is it not written (Lament. 5:22): "But You much despised us9"? (Lament. 5:21) "Make us return" replaces "But You much despised us". Also Elijah did take leave f r o m Elisha only out of words of Torah, (2Kings 2:11) "they walked talking." What did they talk Rebbi Ahawa the son of Rebbi Z e i r a 1 0 said, they discussed the

of?

recitation of Shema', (Deut. 6:7) "you should talk about them."

Rebbi

Judah ben Pazi said, they were discussing Creation, (Ps. 33:6) "through the word of the Eternal the heavens were made." Rebbi Yudan, the son of Rebbi A y v u 1 1 , said, they w e r e occupied with t h e c o n s o l a t i o n s of Jerusalem, as you say (Is. 40:2) "Speak to Jerusalem's heart."

But the

rabbis say, they w e r e occupied with the Divine Chariot, as you say (2Kings 2:11) "behold, a chariot of fire and horses of fire, etc." 5 6

Probably a scribal error for i-pana

r e q u i r e s that o n e stari prayer ηιηη

W e h a v e three v e r s i o n s of this

ΠΒ3Π to o n a i . In Mishnaic Hebrew, as

f o r m u l a t i o n , in the Y e r u s h a l m i , the

in Modern Sephardic H e b r e w u s a g e ,

Babli (Berakhot 3 la), and the Tosephta

the Hakham is the rabbi, and

(3:21).

The main d i f f e r e n c e in for-

hokhmäh are halakhic rulings; as in the

mulation is b e t w e e n the Tosephta and

f o l l o w i n g paragraph, p r a c t i c e s uni-

the T a l m u d i m , s i n c e t h e

versally a c c e p t e d and not s u b j e c t to

Tosephta

dibri

406

CHAPTER FIVE

doubt or discussion. From the order of

n a m e of R. A b b a h u .

the Yerushalmi

v a r i a n t s of t h e Babli t e x t

it s e e m s

that

in

Most of

the

would

practice t h e t e x t of t h e Y e r u s h a l m i

demand an i n t e r p r e t a t i o n similar to

should be i n t e r p r e t e d as implying the

t h a t of t h e T o s e p h t a .

statement

The

versions a g r e e t h a t one should start

tradition of the Babli is uncertain; see

a f t e r n o o n p r a y e r s w i t h a w o r d of

Diqduqe Soferim, Berakhot, p. 160, note

Torah or Halakhah directly b e f o r e the

Ί.

Amidah.

of t h e T o s e p h t a .

T h e V e n i c e p r i n t of t h e Babli

All

requires that one start prayer "out of

7

joy over commandments".

J e r e m i a h is not a t t r i b u t e d

Munich manuscript

the

T h e last chapter of the book of by t h e

Babli,

Talmud to Jeremiah; it is a historical

Halakhot Gedolot and the students of

a d d i t i o n by t h e e d i t o r , B a r u k h ben

Rabbenu Jonah h a v e simply "out of

Neriah.

joy."

8

Menorat

of

Rashi, t h e

three

The Koronel manuscript and Hamaör

have "out of joy of

Torah", parallel to the Yerushalmi.

A

9

Last verse in Isaiah. Last verse of Lamentations.

A

possible interpretation of the statement

Florence manuscript that is typically

is that the last two verses of t h e book,

Sephardic has "out of joy of Halakhah",

chapter 5, were considered as one; then

d i r e c t l y p a r a l l e l to t h e

the book ends with a prayer.

Tosephta.

Rabbenu Asher ben Yehiel (Rosh) has

10

"out of words of joy"; the insistence on

Ahavah, son of Rebbi Zera, son of the

"words" is parallel to Yerushalmi and

famous Rebbi Zei'ra. He was Tanna, a

Tosephta.

memorizer of tannaitic material, in his

W h i l e t h e B a b l i in t h e

In t h e Babli, his n a m e is R.

printed version would refer to the state

father's Yeshivah.

of mind required f o r the Amidah,

is a digression induced by the ancillary

as

The entire section

implied in t h e two rulings p r e c e d i n g

statements of the Tosephta.

this Tosephta in the Yerushalmi, t h e

11

Tosephta and the Yerushalmi require

main p r o m o t e r s of Aggadah

the correct state of mind b e f o r e one

t h i r d g e n e r a t i o n of A m o r a ï m .

starts with the preparatory sections of

learned from all Galilean Amoraïm of

prayer, even preceding the recitation

the second generation.

of Shema'.

This s e e m s a l s o to be

Yudan might be the Rebbi Yudan who

confirmed by the p r e p a r a t o r y p r a y e r

otherwise is quoted without mention of

r e p o r t e d l a t e r by R. Hizqiah in the

his father's name.

R e b b i Ayvu w a s o n e of

the

in t h e He

His son Rebbi

407

HALAKHAH1 n>)p-¡? α ϊ

.γο^γ) ï y v i l i n o

na>\? η κ η η i ç n N}in ι ί ->5 N - y j K Λ 3 -»ari

.π-ììji η τ τ ? p t n y ? n a n »

o>Npi D»p? n j n w

. n i a « ) ? n i o ^ n p N>n " ή ν

> 3 1 >?τ)

c h n iioy>

.nriyyon io

.nonria jiì^P no?i

ptnyn

rne^jpi n a y v

ïyiû

i

içn VV?

d t t>ppn -içn νμ>π

.·>?υια η ψ ο > n D ^ q η ρ ? ! ? n p ?

ï n y γ η κ

rpp-p

ο ν -»yy τ η κ - ι ρ κ

on^oì lini . y a - ) N n>> - > o n n ì ì T )

»aap

O ™ n a i e N>yvin

.\y7ip3

no?

>ai>

o>Np·) v y ^ i -MON N i n i

Rav Jeremiah said, one should start to pray only from a practical rule 12 . Rav Jeremiah said, he who deals with public needs is like him who studies Torah 13 . Rav Huna said: a woman who saw a spot like a mustard seed sits and watches seven days of purification because of it 14 ; then he stood up and prayed.

Zeira bar Hinena 1 5 said:

He who draws blood f r o m a

dedicated animal committed larceny 16 ; that is one of the decided practices. Bar Qappara stated: Eleven days between periods is a practice taught to Moses at Sinai17. Rebbi Hoshaiah stated: One may add produce on the stalk and be tricky in order to free it from tithes 18 . Abdan asked Rebbi: How many levels 19 are there for dedicated things? He answered him: four. And how many levels for Terumahl

He answered: three, then he

stood up and prayed. 12

In the Babli (31a), this is a baratta

for discussion which could i n t e r f e r e

and is considered a contrast to, not an

with t h e c o n c e n t r a t i o n n e e d e d f o r

explanation of, the requirement of the

prayer. The Babli and the personalities

Mishnah that one pray only in a serious

whose p r a c t i c e s in p r e p a r a t i o n

frame of mind. In the Yerushalmi it is

prayer a r e reported are so early that

considered

the name here must be Rav Jeremiah

to

be

the

genuine

interpretation of the Mishnah.

V® ) n

of

and not Rebbi Jeremiah.

naVn means a practical ruling that is

13

well established, that gives no cause

Babli, so it is accepted there.

This Halakhah is not found in the

408 14

CHAPTER FIVE This appears in the Babli (31a) in

Rebbi Samuel.

T h e p a r a l l e l in t h e

the name of Rav Huna's student Rebbi

Babli (31a) is a s c r i b e d to Z e ï r i , a

Zei'ra.

contemporary of Zei'ra and student of

A menstruating woman

is

ritually unclean and p r o h i b i t e d f r o m

Rav.

having sexual contact until seven days

16

have passed.

On t h e o t h e r hand, a

in the Temple cannot be used f o r any

woman having a discharge looking like

other purpose whatsoever, not even to

blood is subject to quite different rules

draw blood from it.

An animal dedicated as s a c r i f i c e

that are more lenient for an occasional

17

occurence and much m o r e s t r i c t f o r

between the 8th and the 19th day of

recurrent discharges. A decision about

the begin of h e r last p e r i o d ,

the character of the discharge can be

discharge cannot be menstrual blood

made only by a competent r a b b i .

In

and must be treated by the rules of nar-

If a woman has a d i s c h a r g e

that

theory all women should show their

discharge. This is a tradition ascribed

discharges to a rabbi. Even in the time

to Moses and, t h e r e f o r e , is a fact not

of the Temple, that was a practice only

subject to discussion.

of w i v e s of C o h a n i m w h o h a d

to

18

Grain is subject to Terumah

and

minimize their time of impurity by all

t i t h e s a f t e r t h e h a r v e s t , w h e n it is

means.

separated from the stalk and collected

It may be assumed t h a t all

o t h e r w o m e n c h o s e to f o l l o w

the

in h e a p s o r silos.

By a

rabbinic

method described here, to consider any

ordinance, it is f o r b i d d e n to eat grain

discharge as a recurrent discharge and

on the stalk as a meal, once it has been

to wait seven days after the last day of

t r a n s p o r t e d f r o m t h e f i e l d to t h e

discharge.

In that way, no p r o b l e m s

farmhouse or barn. However, eating it

arise t h a t would r e q u i r e a r a b b i in

as snack from the grain on the stalk is

intimate matters.

still permitted.

S i n c e t h i s is a

Now Rebbi Hoshaiah

stringency adopted by Jewish women in

approves of setting aside as much of

excess of the strict Biblical law, there

the produce f o r animal f e e d as one

cannot be any rabbinic discussion about

desires, without incurring an obligation

limits or details.

for Terumah

15

quoted as beyond doubt in Babli 31a.

Galilean Amora of t h e second

and tithes.

This is also

generation. He was once imprisoned by

19

Of d e r i v a t i v e i m p u r i t y .

If

Zenobia, queen of Palmyra, and saved

originally i m p u r e m a t t e r (πκηιοπ SX

by the intervention of Rebbi Ammi and

"father of impurity") touches something

409

HALAKHAH1 that can become impure, the latter

b e c o m e "third in impurity".

becomes "first in impurity".

meat only can become "fourth

If a "first

Sacrifiai in

secular

impurity" which will m a k e it unusable

matter, nothing h a p p e n s e x c e p t if that

either for the altar or for consumption

matter is food, it will b e c o m e "second

by Cohanim.

in impurity".

Tahorot 2:1). T h e a d d i t i o n a l levels of

in i m p u r i t y " t o u c h e s o t h e r

If "second in i m p u r i t y "

touches anything secular, happens, but terumah

nothing

if it t o u c h e s

either

or s a c r i f i c i a l m e a t ,

O B I Y >

I J N V

impurity a r e a rabbinic institution, not subject to discussion.

these

I ? «

>:n

.rfco npi»> >n>N υ } aay»? υ η ν i m } * >> τρ? rpnn η rrçn p w s n

O " T N τ τ

N V M -

*

a

2:3,

Ν Π >

N I N I * • :

>3*1

(Mishnah Hagigah

v

i

N O >

N τ» - r n" m - p' τ nτ v

Η Π Η

>A->

O V I N

*I3

I N I N • -

S P Y ?

>3*Î

>3-»

V I N ' · τ

>3-1

>3-> Ί . . . .

Rebbi Hizqiah, Rebbi Jacob bar Aha, Rebbi Yasa in the name of Rebbi Yohanan: The following verse should never leave your lips 20 : (Ρ s. 46:12) 'The Eternal of hosts is with us, the God of Jacob is a refuge to us, Selah". Rebbi Yose ben Rebbi Abin, Rebbi Abbahu in the name of Rebbi Yohanan and the colleagues: (Ps. 84:13) "O Eternal of hosts, hail to the man who trusts in You". 20

Meaning, they should

m e n t i o n e d in e v e r y p r a y e r

be

service.

a r e used only in t h e m o r n i n g s e r v i c e and the x n t n nwnp>.

However, in c u r r e n t rituals, t h e verses

!3>riUN

* qp)s!po Kilt» n w n j p e n

>n? ΊΠ3Ν >3-» ο ν ή rvp^n >3-»

niinn xiwpn niímnn niyyn

Rebbi Hizqiah in the name of Rebbi Abbahu: May it be please You, o Eternal, our God and God of our fathers, that You may save us from agressive, hard, evil hours that organize to come upon the world 21 .

410 21

CHAPTER FIVE This is clearly a supplication to be

r e c i t e d b e f o r e t h e s t a r t of

our p r a y e r b o o k s its e q u i v a l e n t is a

formal

modification of a prayer of Rav (Babli

prayers, see t h e discussion a b o v e ; in

i i n r i w n -ION

i ? y\iön>

D N - P } ·>·> η is

Berakhot

16b).

. W i ò - r a t o -pn>? H ï y

ION NI'in I?

ran

njn ov

VTPiV V 8

v i p Jvnçrçi ν π ρ J v n n ? νπν

-«ON

"One starts t o pray o n l y in a s e r i o u s f r a m e of m i n d . " 2 2

r n y p

ty ^V!

Rebbi Joshua

b e n L e v i said, ( P s . 29:2) "Bow d o w n b e f o r e t h e Eternal in t h e s p l e n d o r of t h e sanctuary," in f e a r of t h e h o l y 2 3 .

R e b b i Y o s e b e n H a n i n a said,

2:11) "Serve t h e E t e r n a l in f e a r , r e j o i c e in t r e m b l i n g . "

(Ps.

R e b b i A h a said,

w h e n an e v i l d a y s h o u l d c o m e , y o u m a y r e j o i c e 2 4 .

22

With this quote from the Mishnah,

the detailed discussion starts.

In other dialects, the sounds w e r e close.

The

24

The person to rejoice even in bad

following verses seek to p r o v e that a

times is the Just, w h o has n o t h i n g to

serious state of mind is r e q u i r e d in a

fear.

place of holiness (Babli 30b).

(Berakhot

23

In s o m e G a l i l e a n

Babylonian dialects,

η and

.TJJVI

NW>> NYIN

Tosaphot

31a, s. v. mpoa), R. Aha gives

all

t h e s i m p l e s e n s e of t h e v e r s e , in

η sounded

contrast to t h e homiletics of R. Y o s e

and

ben R. Hanina.

t h e same and w e r e not distinguished.

,NII>W>

In t h e o p i n i o n of

^ S W I Ν

Π

"TÔÏY Κ Ι Η Ψ ΤΗ >Ì> LA ÜWVI> Π

Ν

.q>33 n i * D ' i v ) n y ) - W f i ^

)

^SJP? Ν

o'P'TO IN

*ÌJON N> NRIN nnNi

Rebbi J o s h u a b e n L e v i said, h e w h o is a b o u t t o p r a y h a s t o sit d o w n twice.

O n c e b e f o r e he p r a y s a n d o n c e a f t e r h e prays.

B e f o r e h e prays,

(Ps. 84:5) "Hail t o t h o s e w h o sit in Y o u r house." O n c e a f t e r h e p r a y s ,

(Ps.

1 4 0 : 1 4 ) "But t h e r i g h t e o u s will thank Y o u r n a m e , t h e upright o n e s w i l l sit before You.25"

411

HALAKHAH1 the

a r g u m e n t given h e r e is t h a t in Ps. 84

tradition given in t h e next p a r a g r a p h ,

t h e r e is no q u a l i f i c a t i o n f o r t h o s e in

the parallel of the Babli (32b) r e q u i r e s

G o d ' s h o u s e , but in Ps. 140 t h i s is

in the name of R. Joshua b e n Levi that

restricted to t h e righteous, those w h o

one sit in t h e synagogue one hour e a c h

have fulfilled their obligation

b e f o r e and a f t e r p r a y e r .

praying.

25

U n d e r t h e i n f l u e n c e of

"One h o u r "

p r o b a b l y m e a n s "some t i m e . "

in

The

ï i i w n y v ν π ί ν ή n y v p>>3^ini η η κ n y y prmy ι>η ο>)ίν>ϊοη o>-ppq -mon

ρ ρ σ ί ν >Γΐη>Ν

innin? η ^ υ

.rnina

v p p i y >γιο>ν

r D * u r w v n o > - p p n ι > η ψ >-?> ϊ χ

-»on > ? ι >3 ρ η ? >

• ί π ρ Ν ^ ρ α Π33ΓΙ>3

"The first Hasidim waited one hour before praying,26" they prayed for one hour and waited an hour after their prayer. When did they study Torah? When did they work? Rebbi Isaac ben Rebbi Eleazar 27 said, because they were pious, their study was blessed and their work was blessed. 26

Quote f r o m the Mishnah.

27

T h e explanation of R. Isaac ben R.

Eleazar is p a r t of t h e baraita

in its exact sense; t h e Y c r u s h a l m i may a c c e p t "an hour" as "some time".

On

in t h e

t h e o t h e r h a n d , t h e r e p l a c e m e n t of

Babli (32b); this may i n d i c a t e that t h e

"sitting down" by "waiting" may indi-

a u t h o r h e r e is t h e e a r l i e r of

cate that in this p a r a g r a p h

two

has its

Amoraïm of that name, a student of R.

o r i g i n a l B i b l i c a l m e a n i n g of " b e i n g

Yohanan.

occupied, being at one's r e g u l a r p l a c e

The Babli, which

notes

explicitly that the pious w e r e spending

of business."

9 hours in prayer, must t a k e "an hour"

onrçh ^ V

νψΐ

n p p r i Ji>3 n i n ^

rrçn o ^ i y i n p p n n u n p p ? .•pD>njv o > v v i

oü\? n o

*\OH

->on roin a i Nil1?

rom

.YD>nJv

n p p n n>n> o j p j

412

CHAPTER FIVE

H u n a 2 8 said, h e w h o prays behind the s y n a g o g u e is called c r i m i n a l as it is said ( Ρ s. 12:9) "Criminals w a l k around." Rav H u n a 2 9 said, o n e w h o d o e s not enter a s y n a g o g u e in this w o r l d will n o t e n t e r t h e s y n a g o g u e in t h e f u t u r e world. W h a t is the reason? ( Ρ s. 12:9) "Criminals w a l k around."

28

The parallel in t h e Babli (6b)

s h o w s t h a t t h i s is Rav H u n a , Babylonian.

the

A u t h o r s of l a t e r gene-

r a t i o n s in t h e Babli a t t e n u a t e

not accepted in the Yerushalmi. 29

In t h e ( Y e r u s h a l m i )

Midrash

Tehillim the parallel statement is one of

this

R. Joshua ben Levi, the author of the

statement to l a b e l as c r i m i n a l s only

preceding homiletics, and is part of his

those who pray behind the synagogue

homiletics on Ps. 84:5.

facing away f r o m the building; this is

ns>oo

.t?r>3 ty n i p i n i a > î ? p

in>3 r p n ? t ^ a j p e n

>3-1

Π η ν i ) n i > >3*i OW3 N » n > 3 1 DON M I N >3-1 I O N l a r i . p n i » > 3 1 7 r p r i o ' w •piv?

->on r o i

. r i c a l i ! ? -rm>>p Ν ΐ η ψ o i p ) ? 3

o7N> .•v>3>*3 i n ?

Rebbi Y o h a n a n said: H e w h o p r a y s in his o w n h o u s e is as if h e w e r e surrounded by an iron w a l l 3 0 . inverted.

There

31

T h e a r g u m e n t o f R e b b i Y o h a n a n is

R e b b i A b b a said, R e b b i H i y y a said in t h e n a m e o f

Rebbi Y o h a n a n , o n e has t o pray at a p l a c e that is d e d i c a t e d t o p r a y e r 3 2 . A n d here h e says that? O n e is about a single person, t h e o t h e r a b o u t t h e public 3 3 . I. e., his p r a y e r is not h e a r d

private p r a y e r is a c c e p t a b l e and no

because he is enclosed by such a wall.

wall will hinder the prayer f r o m being

(Interpretation of R. Solomon Cirillo.)

heard.

31

Chapter 4, Halakhah 4.

33

32

Not necessarily in the synagogue,

there is no synagogue has to pray at a

30

A person living at a place w h e r e

but in one's own house only at a place

d e d i c a t e d p l a c e in his h o u s e .

that is d e d i c a t e d to p r a y e r .

however, t h e r e is public prayer at his

Hence,

If,

413

HALAKHAH 1 place of residence then private prayer

by t h e s t a t e m e n t of R e b b i

in o n e ' s h o u s e w i l l n o t b e

b e l o w that a p l a c e of Torah study is

heard.

equal (or superior) to a synagogue.

However, that statement is relativized

nnjo ηηΐ?8

Jiy»n

^ajien

l i n o >>pa n m n n >Ttaa .. T

, ' w n N i n pι - > N

;

τ

Nin p>N

íh^w

>33

.21*1(7 ÍJ1VÍ?3 (fol. 9a)

ÌH

i w n ? d ^ o riç

T

ρη*>

D>n^if

o y ñ on?>a >31

. i N. s, n .m * Π Ν W T T i n aτ N ~

TiV Jllì»?

Abbahu

fflWìj?

->Ç>N

O'i^Nl

3 5

o w·· as

34

.rninvp

n >τ m > >·: n* : :·

. i m m »

Jl̻p3?

. j m m o >riiiì

>NJD

,·)3> ty *T£Ìy

>rqa Ιϊ^η^ψ υί3ψ>

Rebbi Phineas in the name of Rebbi Hoshaiah: He who prays in the synagogue is as if he had sacrificed a pure flour offering. What is the reason? (Is. 66:20) "As the children of Israel bring flour offering in a pure vessel in the Eternal's House. 36 " Rebbi Jeremiah in the name of Rebbi Abbahu: (Is. 55:6) "Seek the Eternal where He is to be found". Where is He to be found? In synagogues and houses of study. "Call on Him when He is close." Where is He close?

In synagogues and houses of study.

Rebbi Isaac ben Rebbi Eleazar said, not only that but their God stands over them. What is the reason? (Ps. 81:1) "God stands in the assembly of the mighty; from the inside God will judge." 34

This is the r e a d i n g of

Shim'oni

Isaiah

§481. T h e

Yalqut Venice-

sentence is missing in the Leyden ms. and the Venice print.

Leyden version "R. Abbahu" is certainly

36

corrupt.

w a s b r o u g h t by t h e C o h a n i m ,

35

Text of the Rome manuscript; the

prophet speaks here of a symbolic act.

n o-

. n i n ^τ T: · >· j:w· n o>33ì? t o· s· •r· ù: t »i n s nw s n TVIÌJ ODDM m r Ί Ο- Ν ί α σ* :η· · : · · • τ τ : ~ · : · τ τ Ν>Ί >Γήη>ι

.*Τ>ΟΓΙ > r i i n > i ϊ χ

Since the actual Hour o f f e r i n g

* τ ί ρ ψ > >> y o w

. ο » η Ν5ί>ρ > N i h n >? i n r i α > π ? π η ρ

D-JN η ψ κ

n ^ V t3N . r i n r o tO}

the

η

oü\? ηύηρ

414

CHAPTER FIVE

Rav Hisda said: H e w h o e n t e r s t h e s y n a g o g u e m u s t e n t e r i n s i d e t w o doors. W h a t is the reason ( P r o v . 8:34) "Hail to the m a n w h o listens t o Me, a l w a y s t o b e d i l i g e n t at M y d o o r s 3 7 . " D o o r p o s t s and n o t d o o r p o s t 3 8 . (Prov.

37

M y d o o r s and n o t m y

door.

If h e did t h a t , w h a t is w r i t t e n t h e r e ?

8:35) "Because he w h o f o u n d M e f o u n d life. 3 9 "

The verse is spoken by Wisdom

justification, but it follows a statement

(or the T o r a h ) but is i n t e r p r e t e d as

of R. Joshua ben Levi t h a t he who

God's word.

frequents the synagogue will live long

38

This refers to the end of the verse

and which is s u p p o r t e d by t h e two

which is omitted here: "To guard t h e

verses quoted here. Hence, the Babli is

doorposts of my entrances always."

dependent on the Yerushalmi in this

39

case.

In the Babli (8b), the statement of

Rav

Hisda

dj)\? n n

appears

without

. v ^ n t u s i?¡?ri> r j n s n w s n r p i > i j > i n Ν ί η ψ rrç " i o n l o i n

>3 o y \ ? π ι ο

.NJ¡»)?Í?

NîP' Nìnwpi

.>'> JIÍ* i n n i ? r i s - n ?

nyii 40

.1Ì3PB

αϊ

ΠΓΙΝ

R a v H u n a said: H e w h o g o e s to t h e s y n a g o g u e m u s t be l i g h t - f o o t e d . W h a t is t h e reason?

( H o s . 6:3) "We shall k n o w , let us run to k n o w t h e

Eternal." But w h e n o n e leaves, o n e has t o g o in s m a l l steps.

W h a t is the

reason? ( J o b 14:16) "For n o w Y o u will count m y steps. 4 1 " 40 41

In the Biblical text π ην "now".

first s t a t e m e n t , with t h e s u p p o r t i n g

In the Babli (6b), Rav Huna is

verse, is given by Abbaye, two gener-

credited only with the second state-

ations later; clearly under the influence

ment (without supporting verse). The

of the Yerushalmi tradition.

Nin n-jnpi N^ n y m n n ?

i3ni>

i - n n > r i y v i i Ν>Π r m i - o n n ? 1}ni> > Ι Ί Ί Ο Ν

i*nn!?ri nçN

Ν>Π r m i - o J i n ?

N3>3r> > : n "ION

. r o p p n ο ψ υ * π ν ι d ^ o nç>

.n?\j>>? i o n

.row? rnry??

415

HALAKHAH1 » a n *ÎÇN

. r o v ) ? N ì n n-in)?a. NÌ7

rix

l a o y o πιο

: p n o Γ φ Ν t p ^ r i κ>η rrçviD

NÌD r n n p a

v n o > r i -ni©i[i w q Λψκ

Rebbi Y o h a n a n said:

mron o n ^ n

A c o v e n a n t is s e a l e d that h e w h o labors at his

studies in the s y n a g o g u e will not quickly f o r g e t . Rebbi H a n i n a f r o m Ein Tana said: A c o v e n a n t is s e a l e d that h e w h o l a b o r s at his s t u d i e s in modesty will not quickly forget.

W h a t is t h e r e a s o n ?

(Prov.

11:2)

"Wisdom is with the modest." Rebbi Yohanan said: A c o v e n a n t is s e a l e d that h e w h o studies homiletics f r o m a b o o k will not quickly forget.

Rebbi

T a n h u m said: H e w h o understands w h a t he has learned will n o t q u i c k l y forget.

W h a t is the reason?

( D e u t . 4:9) "That y o u shall not f o r g e t t h e

things y o u r e y e s understood. 4 2 "

42

The order of the items is not

c o r r e c t ; it is b e t t e r in t h e

Rome

may not be written down. Next comes the statement of R. Hanina of Ein Tana,

manuscript and the f r a g m e n t s of the

Amora of the fourth g e n e r a t i o n and

Yerushalmi from the Genizah:

student of R. Z e i r a .

First

(His n a m e is

come the two statements of the second

corrupted in the Venice print to R.

generation Rebbi Yohanan.

The first

Yohanan of Ein Tana; it is correct in

one is a continuation of the description

the Rome ms. Ein Tana was a place

of good behavior in the synagogue; the

near Sepphoris.) At the end comes the

synagogue is a good place for study

statement of the fifth generation Rebbi

between times for prayer. The second

Tanhum (Tanhuma bar Abba, the first

statement appears here because it is

k n o w n a u t h o r of a c o l l e c t i o n

of

f r o m R. Y o h a n a n ; it is a p o l e m i c

Midrashim

against the opinion of R. Joshua ben

preachers of the period of the Talmud

Levi ( Y e r u s h a l m i Sabbat

Yerushalmi).

16:1) that

and

greatest

of

the

homiletics is a part of "oral Torah" that

-ioli? q n * Γ\ψ\? o i i ? n n i s r i Ν ΐ η ψ

N » n >3-» >2 D i n a r i v j n o w ? n i i > n n

V ? ' n p ^ n ^ > j j i n i i ? r r i o ιη»ψ >riiiN > r ù i O

*

l i s * ) >n>

416

CHAPTER FIVE

ON . o n n N >> ί ο > π ψ V3ì

i>3 ni^&O ΐ Ν ψ ι

- i n a -07!? ON"¡ , o « n > i n : r u > nnpw!?!

πίΟ n ^ a

ιο?"»!?^? tar) o > a i o

n^·)

νψ>>Ν H> ϊ χ i n n ? >»i nj?>ri>3> m T »n >p ni*

onnN

n o i .p\y¡?n jiioiim ! » TIN r p a o n l ? nD*r?> niya yi

>7?yo j p g n

lividi η o ^ o ^

* cm? κ^ι -rós

™oa*)>i ro*u!? r a i o >

^ n ! ? ,ηηρψ

TIN q v t f w ·»' n i f l n n o y > 3 i? is o n v q i d r i t t a nbnna η η ψ π w

τφρ

n o n a >> * DIN J O I

.tpr^ *

37ÌN

>? nDn?>

τύϊρη

,D5iJ>p O>jioö>VI ο>η>ρη>η "ρνψ!? o ^ N ' r p s m V702 Rebbi Jonah in the name of Rebbi Tanhum ben Rebbi Hiyya 4 3 ,

He

who sees a disquieting dream must say: "May it be Your pleasure, o Eternal, my God and God of my fathers, that all my dreams that I dreamed, in this night or in any other night, whether I dreamed or others dreamed about me, if they are good they should be fulfilled for me in enjoyment and joy, blessing and life. If they are something else then, just as You turned bitter water to sweet waters, the waters of Jericho to sweet ones through Elisha, and the curse of the son of Beör to a blessing, so may You turn all bad dreams, including what others dreamed about me, to good, blessing, healing, life, joy and enjoyment, and peace. (Ρ s. 30:12-13) 'You turned my wailing into a dance, you opened my sackcloth and girded me with joy. So that the liver may sing to You and never be silent; o Eternal, my God, I shall eternally thank You!

(Deut.

23:6) The Eternal,

your God, refused to listen to Bileam, the Eternal, your God, turned curse into blessing since the Eternal, your God, loves you. (Jer. 31:12) Then the maiden will rejoice in dance, young and old men together; I shall turn their mourning to enjoyment and I shall console them and give them joy out of their hurt.'"

417

HALAKHAH 1 43

The parallel in the Babli (55b)

peace and three of redemption.

The

contains two traditions. The first one,

second one, of Rav Ashi, Amemar, and

attributed to the earlier R. Yohanan, is

Mar Zutra, two generations later than

that one should assemble three people

the authors in the Yerushalmi, has a

(a court of law) and d e c l a r e b e f o r e

text similar to the one given here but

them: I saw a good dream. They should

without the verses.

answer: It is good, should be good, the

Yerushalmi represents an intermediate

All-Merciful shall turn it into a good

stage in the development of this prayer.

one sevenfold; may they decree from

The Babli requires, in contrast to the

heaven that it should be good.

Then

Yerushalmi, that the p r a y e r be said

they should r e c i t e the verses given

during the priestly blessing given at

here at the end, add three verses of

morning prayers.

"VJN7 N i n ΝΠΝ > 3 1 1 Ç N

ίΟ^ψ?

Hence,

1^)311

Tin a r i t o ΓΡΠ >3ΓΙ , ο ^ ψ τ ό · > η ψ ^ W ? o ^ v n η ί ο ι κ >?>J5? Jiinw

w

ο>3ψ i n t o n > n

OIBY) RÒ'NY;

n^ ittica

the

.^Nny?

^

I N N Τ Π Ν TIN I O Ì Ì RRÇ Η Η >> O>NT»N

own YOA

"Even if the king greets one, he should not respond. 44 " Rebbi A h a said, that is, if the greeter is a king of Israel. But o n e returns g r e e t i n g f r o m a Gentile king. It was stated 4 5 : If o n e is writing a D i v i n e n a m e , then e v e n if the king greets him, he should not respond. If he is writing t w o or three N a m e s , e. g. (Jos.

2 2 : 2 2 ) "Powerful, G o d , Eternal", h e f i n i s h e s o n e of

t h e m 4 6 and then responds to the greeting. 44

Quote from the Mishnah, title of

the following discussion.

The state-

45

Slightly different versions appear

in Tosephta Berakhoi 3:22, Massekhet

ment of R. Aha is quoted in the Babli

Soferim 5:6.

(32b) in the name of the slightly earlier

46

The one he is currently writing.

Rav Joseph.

ο ; ? ίΟ·) Ν 3 Ό - Ι Ν - o y - p - p a ^ a t m ^ Nìn

N o i o s a n^is-iN γ ό i o n

> n i p n ¡ ? n>ri> r r m i j n v .n>;»n>?>n

5 -ρηκ

n>>

418

CHAPTER FIVE

• p n p n v i o ' p i N o i a > o ? N ' p i p "p^y γ ό *îçn

riN

' i n i p 1«

OJ>pp-|N > i 0 i p ^ noN

,D>Np t i n

>3*η ι ο υ η

>OV >?•)·) Γ)}ί>

p>>N > i » i p ρ

n>> y y y t j .

p a ? >D K r i ì D > n > i o i p ï y - ρ α κ > ? i n > > 7 p n VP?,? w w

,p>pi>

."pmpip ì o op-)

ηρκ ,ΓΡ)?η

·)ίΠ>?Ν

. ή η > ο ί ρ y a D p i "ρηρη n n í o n >3rrr i i n > 3 N \ ù

V p i p n i n ^ "pnni n>?>!?op>o y i ^ a "priN , ΐ π ρ :jgn

V t y N I P ? * o y i >3 y w n

ìnti

n o o»p>

.mpiyi •iJ)?»

Rebbi Yohanan

47

was sitting and reciting in front of the Babylonian

synagogue of Sepphoris. The prefect passed by and he did not get up before him. They wanted to whip him; he said to them: Let him, he is occupied in the laws of his Creator. Rebbi Hanina and Rebbi Joshua ben Levi appeared before the proconsul 48 of Caesarea. He saw them and rose before them. They said to him, you get up before these Jews? He said to them, I saw faces of angels. Rebbi Jonah and Rebbi Jose appeared before Ursicinus 49 in Antiochia. He saw them and rose before them. They said to him, you get up before these Jews? He said, I win in battle if I see the faces of these. Rebbi Abun appeared before the king 50 . When he left, he turned his neck. They came and wanted to kill him but they saw two sparks of fire emanating from his neck, so they let him go, to affirm what is said (Deut. 28:10): "All peoples of the earth will see that the Name of the Eternal is called over you and they will be afraid of you. 51 " 47

The following notes show that the

permission to a c c o m o d a t e

Gentile

Gentile involved. Rebbi Yohanan was reciting Shema' when the άρχων, the

rulers is not prescriptive but can be

prefect of the district, passed by.

He

disregarded by genuinely holy men

was in danger to be beaten up by

(though not by any other Jew.)

The

prefect's bodygard but, as ruler of a

stories are ordered by rank of the

city with an important Jewish popu

419

HALAKHAH 1 lation, he was acquainted with t h e i r

walk b a c k w a r d s with his f a c e always

behavior and their a d h e r e n c e to t h e

towards the throne. R. Abun's act was

νόμος, "the law" of the Torah.

one of denial of the godlike nature of

48

Α ν θ ύ π α τ ο ς "proconsul", t h e

the king. After this incident, R. Abun

Roman governor of an entire province.

escaped to Babylonia, as noted in Babli

Both p r e f e c t and proconsul were also

Hulin 106a, "when Rabin came, it was

the local military commanders.

because he was in d a n g e r of being

49

killed."

T h e general in charge of all of

Syria and Palestine under the Caesar

51

Gallus, around 350 C. E.

in Babli 6a: "All peoples of the earth

50

This is a reference to a statement

The "king" is either the emperor

will see that the name of the Eternal is

Diocletian or one of his i m m e d i a t e

called over you and they will be a f r a i d

successors, so probably R. Abun here is

of you;" the great Rebbi Eliezer said:

R. Abun II.

These are the tefillin

Diocletian c h a n g e d t h e

on the head.

It

formally republican Roman principate

can be s a f e l y a s s u m e d

that

this

into an absolute monarchy in which the

s t a t e m e n t of an Israeli T a n n a

was

sacred person of the emperor required

known to t h e e d i t o r s of t h e Y e r u -

veneration as a g o d l i k e person (this

shalmi, so they had no need f o r an

was not a b o l i s h e d by his C h r i s t i a n

explicit statement that the sparks came

successors.)

from the straps of R. Abun's tefillin.

In p a r t i c u l a r , a f t e r an

audience the visitor was supposed to

INI - ) ' η ν ·)? " p y p w r n

> q p 3 >'> o w >? v j N r i τ η "pnpn VN i m i n - w i n

nn l ^ v ynpN

»sì ,Ν^ΙΊ

.ony i^ay

>35

ninn

"pn> -ION i i n ? ^ Ν ψ ι

Rebbi S i m e o n ben Yohai stated: "All p e o p l e s of t h e e a r t h will s e e that the n a m e of the Eternal is called o v e r you", all - e v e n spirits and d e m o n s . Rebbi Yannai and Rebbi Jonathan w e r e p r o m e n a d i n g in a f o r e s t 5 2 . s a w t h e m , g r e e t e d t h e m , and said: "Peace u p o n y o u , rabbis." e v e n the religious title d o e s not harm us.

One

T h e y said,

420

CHAPTER FIVE Genizah f r a g m e n t s r e a d j ' i o o k "Sta-

52

The hapax toVok seems to be

Latin saltus, "forest".

T h e Rome ms.

reading is J'D-iok , Latin strata, "street",

dion." The forest is a more likely place to find promenading rabbis greeted by a demon.

Ν Γ ΐ ι ψ - τ N j p ì n n p - α > p > a j π ί γ ) v?t> N n n . w ? >ϊγ)>>? v>>p£ > i n > o I j n v ç v » ? > a n >3 y r v » a n n3iy)ri n n i q N ? n j n y n>ri>ì5 D i r )

l i v p w >3"»

η π ι η Ν ΐ ο»|?> y r > h1? n î î t )

,-ρηπ

ì > v m } Ν ί ί η ] π 1 ? 1 » n j n y ; π > γ ι > ν n*jrj

Nrin.wg

N n n i N a >?n>o livïpv* > 3 Ί > 3

p r t p u Νζΐ > 3 1 >i7>)?>ri η>>

^

.7ò r r ç n r ç ΗΏψν·)

f'PJj

n n g w »o>?o n i r n Ν > η η JI>>I

«[nrpn

ion

nyny

Rebbi S i m e o n ben L a q i s h 5 4 w a s t h i n k i n g v e r y hard a b o u t Torah.

He

o v e r s t e p p e d the Sabbath boundary w i t h o u t n o t i c i n g it, t o c o n f i r m ( P r o v . 5:19): "In its l o v e y o u will a l w a y s err." Rebbi Yudan ben Rebbi Ismael was thinking v e r y hard about Torah. His toga slipped off f r o m him and h e did not notice it, to c o n f i r m : "In its l o v e y o u will a l w a y s err." R e b b i Eleazar ben Rebbi S i m e o n w a s thinking very hard about Torah.

H i s t o g a slipped

o f f f r o m h i m but a viper w a s caring for it. His students told him: Teacher, y o u r toga has slipped o f f . H e said to them, does this evil o n e n o t c a r e f o r it?

T h e text h e r e is that of t h e

lowing ones. First, it shows that great

Y e r u s h a l m i f r o m the G e n i z a h and,

scholars are apt to be absent-minded

partially, f r o m the Rome manuscript;

( a n d , h e n c e , may noi

the Leyden/Venice text is shortened by

presence of potentially dangerous men

omission of the words in parenthesis.

or situations) and, second, to show that

54

even snakes can be helpful to T o r a h

53

This paragraph is a connection

between the p r e c e d i n g and the fol-

n ! ? n υ ψ n i >pi> >3*i OW3 i o i n >a-> -»on n £ > n >3ί

notice

the

sages.

i O i i p y ty ^ n s vyn)

,N>>nni rrçwv) κ ^ π ρ τ η » }

,p>p?o 3irpy !?in

.wnj

421

HALAKHAH1

T3>ai vjai»? -pnp© rrç >">rj vrçj? ϋ>τη» n>n ON Π! n n

w

N » v n p N 3 * r « i y n > n >?*)

rjr»?

.iii^an

. i n n a r i Jin p>pa> Η ϊ φ i n ! » * Th¡?0

npgt

ρ>ρ?> Ν

ιίηηπ

invi?

"Even if a s n a k e is w o u n d around one's heel, o n e should n o t interrupt." Rebbi H u n a in the n a m e of R e b b i Y o s e : but f o r a s c o r p i o n h e i n t e r r u p t s 5 5 . R e b b i liai said:

They mentioned only a snake,

W h y , b e c a u s e it s t i n g s r e p e a t e d l y .

T h e y s t a t e d o n l y " w o u n d around", b u t if a s n a k e is

attacking him, he hides b e f o r e h i m but he should not interrupt his prayer. It is stated:

If h e w a s p r a y i n g in a t h o r o u g h f a r e o r o n a s q u a r e 5 6 h e

r e m o v e s himself f r o m b e f o r e a d o n k e y or b e f o r e a cart but he s h o u l d n o t interrupt his prayer 5 7 .

55

In the Babli (33a), the statement is

remaining benedictions).

R. I s a a c

in the name of the earlier Rav Sheshet;

Alfassi's version is: "If he can shorten,

no reason is given there.

he should shorten, and if not, he should

56

interrupt."

G r e e k π λ α τ ε ί α ( ο δ ό ς ) "wide

open" (road).

"Cart" is f r o m G r e e k

κάρρος, κ ά ρ ρ ο ν .

" T h o r o u g h f a r e " is

also found in Arabic as 57

In the Yerushalmi, one is

permitted in an emergency to change his place and then continue with prayer at another place, but in the Babli the

Din*.

T h e Babli (32a) states that one

should shorten his prayer (by reciting

prayer is interrupted automatically if one moves.

only the f i n a l d o x o l o g i e s of all t h e

w o r n Ί3*|3η Ναι ttoaippi iniv ΓΡΠΨ ν ο π I? t o ^ n

by ìtoy Ή>?Ν

>a by b o w n o "tt-pn ìjiìn ικ^ρι ì3>m

η * pupari Nbi

.•hin

13 ι ο υ η >a*i π νν »ν\$ο

"

• ?

- aτ -: a- r- t: o- to

>ni .-»man towjw oiNb to >n π ο: ιτν τ : - - : : ir τ τ τ :

VN Η ψ ) - D > η>?? η ι η i ? N n a - p n ν ΐ ζ » ! î v p p > y n o

?N .η>>)3 Η ψ ) - α >?> τ ν η ψ r o s o

.Npvr

ο η ρ N n a - p n ν*"! ,ΓΡ?)? N n a - j î o Ν>η> ο η ρ toy

N i n r p - o v m p n to n * u - i t y b i s

^ito - » o n ρη*>

. n y n n Nb u n nj3N

inebri

to

/ » W J - i r i o n nb>ajp:i

422

CHAPTER FIVE

yio\i>? o n y w t i n ) n ^ v ? " W l ? ή ί η

n o o»í?> v ^ n n i a ? n n r i i ^ p ,ον^ίη

They said about Rebbi Hanina ben Dosa

58

that he was standing in

prayer when a brightly dotted snake 5 9 came and bit him. He did not interrupt his prayer. The went and found that dotted snake lying dead at the entrance of its hole. They said, woe to the human who is bitten by a dotted snake, but woe to the dotted snake that bites Rebbi Hanina ben Dosa. [What is the nature of that dotted snake? If it bites a human and the human reaches water first, the dotted snake dies, but if the dotted snake reaches water first, the human dies.] His students asked him: Rabbi, did you not notice? He said to them: There should happen to me these things 60 ; I was concentrating on my prayer and did not notice!

Rebbi

Isaac ben Eleazar 61 said, the Holy One, praise to Him, created a well under his foot soles, to confirm what has been said (Ps. 145: 19): "He will do the will of those who fear Him, He will hear their entreaties and save them." 58

Tanna of the first generation,

(Job 16:4); in Arabic the parallel root

from lower G a l i l e e , c o m p a n i o n of

is Ί3Π "to be richly

Rabban Yohanan ben Zakkai. He is the

[distinguished from Hebrew isn, Arabic

perfectly

lari, "to be joined".] The word could

holy

man

who

c o m m i t t e d a s i n g l e sin.

never All

ornamented"

his

also denote a brightly striped snake.

traditions are about ethical maxims. A

The more brightly a snake is colored,

text close to the present one [without

the more poisonous it is.

the Aramaic insert] appears in Toseph-

60

ta Berakhot

the place of an oath.

3:30; a very d i f f e r e n t

A formula of affirmation, taking

version is in Babli 33a.

61

59

the explanation given in the insert and

In Biblical Hebrew, ninaian are

the spots of a leopard. The root Ί3Π "to shine" appears once more in the Bible

This Amoraic addition belongs to

is not part of the baratta tradition.

423

HALAKHAH 2

n ? - | i ? o>j?^3i

o>jien

>333 J I ' V > I - |

Jii-niì

r n p i N nniN ra>pv

λ

.Tijnn "pirç

row»

n^in-)

. n i o i n ? -iniN

.nraj!

Mishnah 2: One mentions the power of rains in "resurrection of the dead62"; one prays for rain in the benediction "of years" and Havdaiah62 in "He Who by His grace grants knowledge;" Rebbi Aqiba said: it is recited as separate fourth benediction; Rebbi Eliezer says, in "thanksgiving". 62

T h e second benediction of t h e

Amidah.

after the end of the Sabbath or holiday.

The benediction "for years" is

No work may be p e r f o r m e d b e f o r e

t h e ninth, a p r a y e r f o r a p l e n t i f u l harvest.

Havdaiah

some

is t h e r e q u i r e d

form

of

Havdaiah.

The

benediction for being g r a n t e d know-

declaration of a "difference" between

l e d g e is t h e f o u r t h , t h e o n e

S a b b a t h (or h o l i d a y ) and w e e k d a y ,

thanksgiving the 17th.

D>»n ο>ρψ?ι rn>-}> - j ? c ò i y ' ? o > » n o ' x i o n ova ο>ονη .iNihö

ow?

λ

for

ΑΛη

N i n y ? n } y ç y N a « 1 3 N » n >3*1 Vl

DIS

Π27-13 nyi)

η>οη

Halakhah 2: Just as the resurrection of the dead brings life to the world, so rains bring life to the world 6 3 .

Rebbi Hiyya bar Abba

understood it from here (Hos. 6:2-3): "He will resurrect us after two days, on the third day He will raise us up and we shall live before Him. We shall know, we shall pursue to know the Eternal, like morning his appearance is well-based64." 63

These are all arguments that God

rain to us, like late rains that pour on

has to be praised for rain in the prayer

the Land."

for resurrection during the rainy

64

season. The first verse of Hosea clearly

in Yerushalmi Taäniot

speaks of resurrection, the second one

Sanhédrin

ends: "it (knowing God) will come like

Hassanah 31a, Sanhédrin 97a.

These verses are further discussed 1:1 (fol. 63d),

11:8 (fol. 30c), Babli

Ros

424

CHAPTER FIVE

-i^yi

> n > N >> >n i N Ç N bis

n i y r i p > 3 ψ η η in»bN "i>?n»i 3>îi?

Π Ο Ί 3 >3*1 .>-127 >?b o n >? i o n i b o η > κ η ο υ ψ η η>η> o n w a b ^ I S V N)"in] ì b

10)371 ÏV V ? 1

m o n :jb N i n i n

ÏV V 3

ΤΠ ·)33Τ) NP> >3Ί I Ç N

.ib y n y ù N b (foi. 9b) b o n b i n i b ν ρ γ » n o o n b v ι ® ν

.ib νκ>ψ) "io)?n b y v a i b o r i bü v a ">51ΙΟΊ

-»13 n ç > n

"V?™ ">¥>?

N ^ r o n >3-1 *ÎÇN

* b N ni t î??1

71533 *v?>o

^ΟΝ

b#

.bo b ^ i n i ? - m i n p > N

Ji>N . i b i s - ι η ι η ib£?j? nwirrç»

. N a i n ϊ ψ ip>n*ii ΐ 3 ΐ ψ i H N b n a i ? n i v > ι ί - i ç n

>jibN λ

ion»!

.>33 n i * Na-¡ N a i n n >3íini i b i ç n i b * y ~>tn ,i33 y s a ? n s v Ν ί π ψ ? o y ni* n a i ) p

i3

n i N i a n ψ η ~ ϊ 3 ψ ρ η ν η η χ "Horn i b ^ "V3N

VNV> b u b ^ i n * p i r m i :jb i n ' b N b N i n r j w j v m ^ r i i b *í£N η ? Í W

V??)?1»

ϊψ

ni* n»r»? >?ι*ί o > b b o a N b N o>»n o r i p r i

n a y >3pi\y « n i w>¡?n ·ρ»ίρ> >jib33 :j>j}>n v n > . o > b b o 3 N b ^ ny-iNi N>>vi7v Dinari >3i n » N

,b>ari ο > ν ? " ! M N i

o>jiöti

n i i i N b o >?

.obajp n>i>pari It is written ( l K i n g s 17:1) "Elijah the Tisbite, f r o m the inhabitants of Gilead, said to Ahab: By the Living Eternal One, the God of Israel, before Whom I stood, there will not be dew nor rain these years except by my word." Rebbi Berekhia said, Rebbi Yasa and the rabbis. One of them said, he was heard both for dew and for rain; the other one said, he was heard for rain but was not heard for dew, f r o m (1 Kings

18:1): "Go, appear

before Ahab and I shall give rain 65 , etc." And he who said, he was heard both for dew and for rain, where was the vow of dew dissolved? Rebbi Tanhuma from Edrei 66 said, they are of the opinion that a vow that was dissolved partially is dissolved totally. Some want to say, on the occasion of the son of the woman from Sarepta, (1 Kings 17:20) "He called on the Eternal and said, o Eternal, my God, etc." Rebbi Judah ben Pazi said, about one who stole a doctor's bag 67 . When he left, his son was injured.

421

HALAKHAH 2

He returned to him and said: Please, sir doctor, heal my son. He said to him: Go and return my bag because it is full of medicines, and I shall heal your son. So the Holy One, praise to Him, said to Elijah: Go and lift the vow of dew because the dead are resurrected only by dew, then I shall resurrect the son of the Sareptan. And from where that the dead will live only by dew? (Is. 26:19) "Your dead will live, the corpses will arise. Wake up and jubilate, those who dwell in dust! For a dew of light is Your dew, V'sn D'i®"] p x i . " Rebbi Tanhum from Edrei said, "the earth will give up those that are deposited in it.68" The

intent, then the entire vow is annulled.

entire piece, whose main p l a c e is in

This is not the majority opinion, hence,

65

But dew is not mentioned.

Taäniot 1:1, is included to explain the

it is not t h e p r a c t i c e and does not

connection of the (summer) praise for

imply Heavenly standards.

dew in t h e b e n e d i c t i o n on " r e s u r -

67

rection".

communis), word also used f o r "casket

The praise for dew was

Greek νάρθηξ, a plant (Ferula

included in the Yerushalmi prayer rite.

f o r unguents", and t i t l e of m e d i c a l

66

works.

He is mentioned only here (and in

t h e p a r a l l e l in Taäniot).

off the fire in the stalk of a νάρθηξ,.

S i n c e he

appears together with Rebbi

Hesiod has Prometheus carry

Be-

68

Rebbi Tanhum from

Edreï

r e k h i a h , he must belong to t h e last

explains the difficult phrase o'ks·) ρ κ ι

generation of Amoraïm in Israel.

^'Bn "it will fell N e t h e r w o r l d s " by

It is the minority opinion of Rebbi

taking

in the sense of R a b b i n i c

A q i b a ( N e d a r i m 9:6) t h a t if in an

Hebrew, "having a miscarriage", the

earthly court part of a vow is annulled

Netherworld will expel what is in it.

because it was executed u n d e r f a l s e

ο ζ Π ? * ntyyv i'rpi

ronn?

t>

vnri? >p>ri>rn

n y v ? >5)30313 ^κιοψ >?"! i m

ow? ijn n o o£iy> v í a n

u

a p y ? »?"» to

>riV3yo

1? r n v >3-) - i m .ona> f O i * yjvw ,o>oyri

o > n ^ n p ΐΓΐη .to vnyp

426 lî?î

CHAPTER FIVE

V N ' a p IT) Ή * ^

o>

> ? ¥ ? 0 o ' V l o ' V ^ n i n - p i y >7>b V N ? bN"jy>»ii>

iVN b o n baN VT-iv trojan") cnya dîî?> N b ηψΝΐ ι ψ ν >bV D n n p

Nini 'b'b^n >pi>

Iiis "τπν

* u n o b o ? o v o n o n » - n jro^a ·ηί>

.07N

bn» Nbi vy>H>

Rebbi Jacob from Kefar Hanan 69 in the name of Resh Laqish: When Abraham their forefather did My will, I swore to him that dew will never move away from his descendants forever; what is the reason? (Ps. 110:3) "You have the dew of your youth." And it is written after that (Ps. 110:4) "The Eternal swore and He will not change His intention." Rebbi Judah ben Pazi said, by a will 70 I gave it to Abraham, as a gift I gave it to him. (Gen. 27:28) "God may give you from the dew of heaven." Rebbi Samuel ben Nahmani said, when Israel sin and do evil the rains are arrested. They bring an old man like Rebbi Yose the Galilean, he prays for them and the rains come. But dew does not descend by the merit of any creature, what is the reason? (Micah 5:6) "Like dew from the Eternal, like light showers on grass, that do not listen to anybody nor wait for humans." 69

This paragraph explains the

(Resh Laqish).

R. Jacob from Kefar

reason of those who say that Elijah's

Hanan was his student in homiletics.

prediction that there would be no dew

70

never came true. The homily belongs

disposition."

Greek διαθήκη "will, permanent

to the school of R. Simeon ben Laqish

V « bo b^> "Ρ3*ΐη ο φ ? 7jpiv n>n nî»?o >ai ow? N*v)rt ran Nb n i n n ? i bo? >?rini .ìjiìn m n n o oya by

boa .ìjiìn

Nb-j Ninni ^P-^l Ninni? >07 Nb .-para "varçb nsn o n i -PD\n> d ^ d q Nb on >3rin"! .ìjiìn i n n o e VN bo bw no^ni 1>-innn o>rien ji»njpa

,bjvi? Nbi

yo

jivnajt -pa^n Nbw in ο»?φη ro-pa bNy

.-10» Nbi bo- Nbτ -01N NbT Ninna .ìjiìn τ τ τ: τ : · τ : ~ :

427

HALAKHAH 2

R e b b i Z e i r a in t h e n a m e if R e b b i H a n i n a :

When someone

stood

[praying] in the rainy s e a s o n and m e n t i o n e d d e w o n e d o e s not m a k e h i m repeat.

In t h e s e a s o n o f d e w and h e m e n t i o n e d rain o n e m a k e s h i m But is it n o t s t a t e d 7 1 :

repeat.

T h e s a g e s did not o b l i g e o n e t o m e n t i o n

d e w and w i n d s but if h e w a n t s to m e n t i o n t h e m , h e m a y m e n t i o n ?

One

cannot c o m p a r e o n e w h o t a k e s it e a s y 7 2 t o o n e w h o d o e s n o t pray and d o e s n o t t a k e it e a s y 7 3 .

" W h e n h e s t o o d in t h e r a i n y s e a s o n

and

m e n t i o n e d d e w o n e d o e s not m a k e him repeat." But is it not stated: If he did not ask f o r it in the benediction "for years", or he did not m e n t i o n t h e p o w e r of rains in "resurrection of the dead", o n e m a k e s h i m repeat?

That

is about o n e w h o m e n t i o n e d neither d e w nor rain. 71

The discussion follows the general

pattern:

If a s t a t e m e n t

contains

Medieval authorities R. Zerahia Halevi, R. Abraham ben David, Nachmanides,

statements A and then B, the discussion

and

will discuss first B, then A. Hence, the

different interpretations

f i r s t c l a u s e of t h e baratta

contradictory) and most of them also

will be

R. Nissim G e r o n d i

all

have

(mutually

repeated before the discussion turns to

have d i f f e r e n t readings.

it. The statement of Rebbi Hanina and

manuscripts, the expression kVi 'Vïo kVi

the discussion of its last part is quoted

^¡va appears with or w i t h o u t one or

in Alfassi Taänit 1:1 w h e r e it is added

both kV The following interpretation

to t h e t r a d i t i o n of t h e same R e b b i

follows Nachmanides closely.

Hanina in t h e B a b y l o n i a n

Talmud

c o m m e n t a r i e s a g r e e with R. Nissim

3b): "In summertime, one who

Gerondi in taking Vp'n as a Pa'el form

(Taänit

Among

[Most

says 'He W h o makes the wind blow'

of a contracted form of

"to curse";

does not have to repeat; if he says 'He

such a form Vip is nowhere attested, but

Who makes rain descend,' he has to

V"p "to take, make easy" is frequent.]

repeat. In wintertime, one who omits

72

'He W h o makes the wind blow' does

which he needs, but mentions the rain

not have to repeat; if he omits 'He Who

out of season.

makes rain descend,' he has to repeat."

73

Alfassi gives no interpretation of the

for rain, nor for winds, and t h e r e f o r e

Yerushalmi he quotes but the early

does not slight anything.

And does not mention the d e w

Who prays neither for dew, nor

428

C H A P T E R FIVE

vniwa

n-ipiN ο υ φ ο

^ " P ?

îTi)piN o>3ion n î ^ n ^ a mT3îN

.n^a^

ο>ηψΐ

ni-naa

Ν > ON

nrnpiì

r n p i N p n i T ö Ν > η ψ π ^ Ν ψ O N ni?

H ^ y ÎN

bNrçi N > O N >?Γΐη·ι

>3*17 >).ΠΝ

ion

yoiv/?

N1? n i n o

.iniN W t t M j o>nnn nrropa ο^οψ?

R e b b i Z e ï r a in t h e n a m e o f R e b b i H u n a :

Ν>ηψ jiVm*

If h e d i d n o t a s k 7 4 in t h e

b e n e d i c t i o n " f o r y e a r s " he says it in " H e W h o hears p r a y e r " .

S i m i l a r l y , if

he did n o t m e n t i o n the p o w e r o f rains in "resurrection o f the d e a d " he says it in " H e W h o hears p r a y e r " .

If the r e q u e s t , m a d e u n d e r duress, m a y b e

recited

prayer," the m e n t i o n ,

in " H e

Who

hears

circumstances, so m u c h m o r e !

But is it not stated:

made

under

easy

If he did not ask in t h e

b e n e d i c t i o n " f o r y e a r s " o r that he d i d n o t m e n t i o n t h e p o w e r o f rains in " r e s u r r e c t i o n o f the dead", o n e m a k e s h i m r e p e a t 7 5 ?

R e b b i E u d a i m o n the

b r o t h e r o f R e b b i Y o s e 7 6 said, if h e d i d n o t s a y it in " H e W h o

hears

prayer"!

74

The request f o r rain is made only

in the rainy season, "under

duress"

when rain is urgently needed.

The

Rebbi Huna. How can R. Huna present his statement about p o w e r of rains? [ T h e Babli, Berakhot

29a, has the

mention of rain in the second bene-

statement formulated here in the name

diction a l r e a d y

of Rav Assi from the Yeshivah of Rav

starts "under

easy

circumstances" around the time of the

in B a b y l o n i a ;

fall equinox, some weeks before rain is

neither the statement of Rebbi Huna

needed.

nor the e x p l a n a t i o n

T h e b e n e d i c t i o n "He W h o

hears prayer" is the last of the middle

daimon.]

benedictions, #15 on weekdays.

76

75

As a tannai'tic statement, this has

precedence over

the s t a t e m e n t

of

the B a b l i

of

mentions

Rebbi

Eu-

Brother of the Amora R. Y o s e of

the fourth generation.

429

HALAKHAH 2

o n « φ η v>Nii i j n v ran 0W3 ν ί ι na y\)>w >3-1 n ç p ni* ->î?v o n N^n i n

.rrmi£

on"!

."»on ν ι π p>N

i o n itovi jin -ij?y .rto>rup> i n n

v^n

77

Where does he return to ? Just as Rebbi Simeon bar Abba said in the name of Rebbi Yohanan: On the day of the New Moon 7 8 , if he had moved his feet 7 9 he repeats from the start, otherwise f r o m "Temple service". Here also, if he had moved his feet he repeats from the start 80 . 77

79

If he forgot either prayer for or

During Amidah it is forbidden to

mention of rain, and r e a l i z e s his

move one's feet since the angels do not

omission at the end of the Amidah.

move their feet. Hence, moving after

78

When the day has to

prayer is the outward sign that prayer

be

mentioned in "Temple service", the first

is finished.

of the last three benedictions; cf.

80

Chapter 3, Halakhah 1.

hears prayer."

Otherwise, he returns to "He Who

\ Ò DON >3*1> ·ρ!?»ψ Ί1ΓΙΝ .ΝΠ03 "1ΓΙ3 J1>3i»í? η>>?-)? >3*1 . r n p i N Ν ΐ η ρ>Ν .rimari N v y ^ >3i ι ώ ν ρ ni->i3a T3>3i w v ì .rnpìN

ny>2\?n w w

Τ3>?ι w y i

Ν^7 >pi> >3"! π>> - i o n ,rto>£>^ ü n i W 3 r n p i N - i k p o - ο υ N>V> ÌN ο > ? ψ η τ ρ * ΐ 3 3

>3"! I t o ι ο ί

.n^pjp

ν ι π p > N >pi> >a-n γρϊιιπ ï y

i o n v?3)P vvj to "ΡΝψ *τ>η> .ww

ü»iW3 vanii

γΟΊ* Π15>33

to

ON N i i n a n

iniN inno?? o ^ o n

ονή

riarma

.rto>£>jp ϊ ψ n ^ s o ç wrçm H 3 > * γηρ

m

. « v p i o Ν ί π ψ vyyy?

7>n> NJin a*i 0W3 N*I>W >3*1 ION ρ

Ν ΐ υ η >3*)

ΛtΓ..Ι ΙΟΙ* to>NÌ Γ0>3Γ1 τ τ : τ At Nineveh 81 they needed to make a fast-day after Passover 82 . They came to ask Rebbi. He told them, go ahead and make one but do not change the form of prayer 83 . Where may he say it? Rebbi Jeremiah thought to say that he says it in "He Who hears prayer." Rebbi Yose said to him: Did not Rebbi Zeira say in the name of Rebbi Huna: If he did not

CHAPTER FIVE

m .

ask in the b e n e d i c t i o n "for years", or that he failed t o m e n t i o n t h e p o w e r of rains in "resurrection of the dead", o n e m a k e s h i m r e p e a t at "He W h o hears prayer 8 4 ?" But Rebbi said to t h e m , g o a h e a d and m a k e o n e but d o not c h a n g e the f o r m of prayer! A c c o r d i n g to t h e o p i n i o n of R e b b i Y o s e , w h e r e d o e s o n e s a y it? public w h i c h has six.

In t h e six that h e a d d s 8 5 .

That w o r k s for the

A p r i v a t e p e r s o n w h o d o e s n o t h a v e six, w h e r e ?

Rebbi Hanina said, did not Rebbi Zeira say in t h e n a m e o f R a v H u n a 8 6 , a private person asks f o r his personal needs in "He W h o hears prayer," and these are his needs.

81

This is not Biblical Niniveh but

84

In the parallel in Taäniot the text

N a v e h in t h e c e n t e r of t h e Bashan

is easier to understand; there it says "he

p l a t e a u , s e e Demay

says" i n s t e a d of "one m a k e s

2:1.

(Eusebius

him

mentions that the Jews call it Nineveh.)

repeat"; meaning that a prayer f o r rain

On the Golan plain, one needs spring

at "He Who hears prayer" belongs to

rains if the winter was relatively dry.

the regular form of prayer in w i n t e r

82

and, therefore, by Rebbi's statement is

This again is a text f r o m Taäniot

1:1; t h e q u e s t i o n a n d t h e

answer,

without the discussion, a r e mentioned

excluded from summer prayer. 85

Six additional benedictions that

succinctly in Babli Taänit 14b.

the reader inserts in the public prayer

83

of fast days f o r rain, as explained in

Do not mention the power of rain

in "Resurrection" nor a prayer f o r rain

the second chapter of Mishnah

in "years."

Rebbi Yose must imply t h a t even a

On the other hand, if one

Taänit.

already fasts for rain one must pray for

local fast for rain is a public fast.

rain in one's

86

>ni)

Amidah.

In Halakhah 4:4.

-127 i j n v >a-i > m p Ν y ? r m ->a l i v p w

. n £ > a j p a m r o y νto?

r n p w

N a n pn?> r n

o w ? > T N ">3

m t > ? N fi>ri>>>?

.Jiipi3>Jin m

m τo !NIT o m

.runn p i n i

H ? ty ^

n^arr)

V î ? > i n CPODD I O Î - f i a ? r i n ^ v ^ m T ) ? N γργι!?>)?

n i s î î ? !?>aya r i m a n a r n p N o i a a rnpfct

m Τa ! xιτ t w » o w o v ó m τi n ' ; a i - ï oT wS

·

> a· n

. n Τ^ a nS a

."IN?) I N ? Γ η ρ ψ ψ r n m ri>ri>>o . c ì d ? r n m n ^ s r a ρ η ρ κ

m τD 'yw 'Τ ν n^a^a

421

HALAKHAH 2 "And Havdalah

in 'He W h o b y His grace grants knowledge"' 8 7 .

Simeon

bar A b b a asked b e f o r e Rebbi Yohanan: S o m e t h i n g that o n e d o e s all t h e time, and the Sages d i f f e r about it? H e said t o him: Since its main place is o v e r a c u p t h e y f o r g o t it in prayer 8 8 . place is o v e r a cup 8 9 . Isaac 9 0 :

His s t a t e m e n t m e a n s that its m a i n

Rebbi J a c o b bar Idi in t h e n a m e o f t h e o l d R e b b i

If h e said it o v e r a c u p h e m u s t r e p e a t it in prayer; it w a s 9 1 in

order t o let children participate. is in prayer 9 2 .

His s t a t e m e n t m e a n s that its m a i n p l a c e

Rebbi Zeïra, R a v Y e h u d a h in t h e n a m e o f S a m u e l :

If h e

said it o v e r a c u p h e m u s t repeat it in prayer, if h e said it in p r a y e r h e must repeat it o v e r a cup. His s t a t e m e n t m e a n s that its m a i n place is h e r e as w e l l as there 9 3 .

87

Quote from the Mishnah

to

can there arise a difference of usage in

indicate the text to be discussed now.

something that e v e r y Jew has been

88

The discussion is quoted more in

doing every week since the times of

detail in Babli 33a: "Rebbi Simeon bar

the Great Assembly? The answer also

Abba asked Rebbi Yohanan: Since the

here is that there was a t i m e w h e r e

Men of the Great Assembly instituted

only Havdalah over a cup of wine was

the f o r m s of b e n e d i c t i o n s , p r a y e r s ,

practiced.

Qiddush and Havdalah,

89

why does one

Since Havdalah

over a cup was

not check and see what they instituted?

not d i s e s t a b l i s h e d , t h e m e n t i o n

He a n s w e r e d him:

O r i g i n a l l y , they

prayer is additional.

instituted Havdalah

in prayer.

90

When

in

His full name was Rebbi Isaac bar

they got rich, they instituted it over a

Eudaimon,

cup of wine. When they became poor

generation, a member

again, they went back and instituted it

Academy.

back in prayer." This implies that the

distinguish him f r o m Rav Isaac bar

differences of opinion expressed in the

Eudaimon, a Babylonian Amora of the

Mishnah refer to the second institution

third generation.

of prayer and that the order of the first

91

institution t h e r e f o r e is irrelevant.

only to teach children.

In

the Yerushalmi, the question is, how

92

a Tanna

of

the of

He is c a l l e d

Havdalah

first

Rebbi's "old"

to

was said over the cup

In t h e Babli (3:5a), this is a

432

CHAPTER FIVE

s t a t e m e n t of t h e B a b y l o n i a n

Rav

in prayer, but that prayer is additional

Nahman bar Isaac.

to the benediction over a cup of wine.

93

In contrast to Rebbi Y o h a n a n ,

In t h e Babli (33b) this is t h e f i n a l

Samuel insists that the later institution

statement of the later Amora Rava. In

did not replace the benediction over a

the Yerushalmi also, the last statement

cup of wine by a benediction inserted

has to be taken as the final one.

oi>3

> 3 - 0 vv>&

oy>? "|3m> >3-1 . r p n i n g -MOW ^ φ ί κ

>3*1? r p £ n >3-» o y ? 3 n a - i p n ^ n >3*) >3*1 D ^ 3 1 9 0 3 ->3 p n s > >3"! ,ΓΙ3ψ >3-) O W 3 ^ n i N >3*» . o £ i y >

.ι»)? j i s ^ > N * i o 3 J i v n > b n ^ 3 JlVn>

3io

3ÍO OV?

>3*)? n o t ? f ) !?n>>>pa ")3 K3>3n

»Γ|-)Γ| p r i N l V ? ? W ? ΝΠΝ 1 3 3 p y > >3"! "ION •D'jiv!? N3>?n >3-i D W 3

r n

riD^D

^ l l 1 9 0 3 1 ? ρ η * 1 >3-17 γ χ ι N ^ N >3"!? nD^r) !w>!?>?a 13

"Rebbi Eliezer says, in 'thanksgiving'". Rebbi Yohanan in the name of Rebbi: One is inclined toward Rebbi Eliezer's opinion on a holiday that falls immediately after the Sabbath 94 . The old Rebbi Isaac in the name of Rebbi: Practice follows Rebbi Eliezer on a holiday that falls after the Sabbath.

Rebbi Isaac bar Nahman in the name of Rebbi Hanina ben

Gamliel 95 : Practice follows Rebbi Eliezer at all times. Rebbi Abbahu in the name of Rebbi Eleazar: Practice follows Rebbi Eliezer at all times. Rebbi Jacob bar Aha, not because because there are two traditions, but because Rebbi Isaac bar Nahman and Rebbi Eleazar both say in the name of Rebbi Hanina ben Gamliel: Practice follows Rebbi Eliezer at all times. 94

Privately, one prefers to act in the

whereas in Babylonia one follows Rav

sense of Rebbi Eliezer but one does not

and Samuel in an i n s e r t i o n in t h e

d e c l a r e it p u b l i c l y .

middle benediction of the Amidah

T h e f i r s t two

statements of this paragraph are quoted

the holiday.

in the Babli (33b) as Israeli practice,

are quoted in Babli Niddah

for

The last two statements 8a.

433

HALAKHAH 2 The oldest son of Rabban Gamliel

reestablished a f t e r a long interruption

I of Jabneh, brother of Rabban Simeon

in the a f t e r m a t h of t h e w a r of Bar

ben Gamliel.

Kokhba.

95

before

the

It seems t h a t he died Patriarchate

was

j p y u " ! Γ Ο Ί τ 3 r r i j p w i n i N n a > p i { >3-» o > p ? n Ì 7 V >3"!

9 ή

η;π nvin

pin?

. J I ' V ^ l ΓΟ")? - i n i N î?NinV> OW? ΝΠΝ -13 I p v ?

:jN>n ^ n p n

» a - n > a - p N»J?Ì

n ^ a n n y i Vi< o n nb"| .Π3Ί?

now

"And Havdalah of t h e Sages.

> i a ç

η ? -ιηΝ) n r i a

yavpç

rfc'SJ? n j n v n o k n a v ? iWTD p i n i n N " ! l7>'i?n

">a p n > > > a i Ï Ç N

in "He W h o in His grace grants knowledge", t h e w o r d s R e b b i A q i b a h said:

o n e s a y s it as s e p a r a t e

fourth

benediction 9 7 " Rebbi Jacob bar A h a in the n a m e of Samuel: H e s a y s it as fourth benediction.

Rebbi Y u d a n says, t h e t e x t of t h e b e n e d i c t i o n 9 8 and

after that he says Havdalah.

His version agrees with Rebbi 9 9 , since R e b b i

said: I w o n d e r w h y t h e y e l i m i n a t e d "He W h o in H i s g r a c e

grants

k n o w l e d g e " o n Sabbath; if there is n o k n o w l e d g e , w h e r e is prayer? here, if t h e r e is n o k n o w l e d g e , w h e r e is Havdalah? Eleazar said, h e s a y s Havdalah

And

Rebbi Isaac ben

and a f t e r w a r d s a d d s t h e t e x t o f

the

benediction. 96

Text of the Rome ms., in place of

b e n e d i c t i o n , "He W h o in His g r a c e

' a m in the Venice print.

grants knowledge". This is the meaning

97

of the phrase also in the statement of

Almost a quote from the Mishnah,

to i n t r o d u c e discussion on the way

Rebbi Isaac bar Eleazar.

Havdalah

99

has to be recited according

His opinion p a r a l l e l s that of

to Rebbi Aqiba, even though his way

Rebbi. [A slightly d i f f e r e n t version is

of doing it is not accepted as practice.

in Babli 33a in the name of Rav Joseph:

Hence, the discussion in this paragraph

"Since

is purely theoretical.

knowledge, it was incorporated in the

98

benediction for knowledge."]

T h e text of the regular f o u r t h

Η αν dal a h

presupposes

434

CHAPTER FIVE

>3*1 *v?çt

. n i i m N ν ^ φ ρ nina>

n y 3 w n "iJiv

n>

>NO>p >3*i>a o ì n j

<

"T3>3i N > y y i n » a n 13

)>oion'j w ^ n

nina? n ^

Jinian η ρ κ

. r n i n a i m i o N n r i i ^ N * ? 7 3 * 1 1 I Ç N >I>

oiJio^ rpis·) i n s « > s i IONI - ι ή η ι tnnî? ν π ί ρ ι>3

lini»

.riïmN

.ΠΠΝ η ^ τ 3 Ν Ì^>£>NÌ >Ì3N o y > 3 ι ο ί nris

to>atf

Τ ή 3 Ί 3 0 N ^ I 1 Ì 3 >3*1 >3 >ÜÍ> >3*1 "l&N

r m y p > v ? n î ç >3*1

Rebbi Eleazar b e n R e b b i H o s h a i a h 1 0 0 :

pa?

.n^3rj3

W * p p 1>3 ! ? m © 3 O J l i f i l

.in i n n i v p n i n i

less than t h r e e s e p a r a t i o n s .

>3*i

103 v n î t f a w

O n l y o n e s h o u l d not m e n t i o n

R e b b i Y o h a n a n said, t h e y said that h e w h o

says little should not say less than t h r e e and h e w h o a d d s s h o u l d n o t add m o r e than s e v e n separations. L e v i said, but only separations m e n t i o n e d in the T o r a h 1 0 1 .

N a h u m 1 0 2 ben Rebbi Simai w e n t out and said in his father's

name: e v e n o n e separation. "separation".

But Rebbi A b b a h u said, o n e m u s t seal w i t h

R e b b i M a n a o b j e c t e d , e v e n if h e s t a r t e d b y "He W h o

separates b e t w e e n h o l y and worldly" and ends, seals by "He W h o separates b e t w e e n h o l y and worldly" 1 0 3 ? Rebbi Y o s e ben Rebbi A b u n said, is it not f r o m t h e b e n e d i c t i o n s t h a t o n e s t a r t s w i t h "praised" a n d e n d s w i t h "praised" 104 ?

(see

between Israel and the Gentiles (Lev.

Chap. 2, Note 169). The statement is in

100

Son of R e b b i H o s h a i a h

20:26). There a r e no more than seven

the Babli (Pesahim 103b-104a) in the

separations m e n t i o n e d in t h e T o r a h .

n a m e of R e b b i O s h a y a (Babylonian

[The other four are between upper and

f o r m of Hoshaiah).

The entire para-

lower waters, between day and night,

g r a p h has t h e a p p e a r a n c e of being

b e t w e e n p u r e and i m p u r e , b e t w e e n

w r i t t e n by a p e r s o n u n a b l e to pro-

Levites and other Israelites.]

nounce an "h".

102

101

Simai, an Amora of the first generation

For example, He Who separates

Also c a l l e d M e n a h e m ben R.

between holy and private {Lev. 10:10),

who was renowned for his holiness.

between light and darkness (Gen. 1:4),

103

Would R e b b i A b b a h u

agree

435

HALAKHAH 2 with R. N a h u m ben R. Simai that a

diction to contain the word Viaon. In

benediction would be: "Praise to You,

the Babli ( P e s a h i m 104a) t h e r e is a

o E t e r n a l , o u r G o d , K i n g of

discussion w h e t h e r t h e

the

universe, Who separates between holy and wordly.

benediction is the first or the last one

Praise to You, E t e r n a l ,

to

in

the

separation

referred

concluding

and

of the list. In any case, it is clear that

wordly"? That text looks too silly to be

R. Abbahu cannot agree with R. Nahum

acceptable.

bar Simai to produce the meaningless

W h o s e p a r a t e s b e t w e e n holy

104

As s t a t e d

in H a l a k h a h

However, Rebbi Abbahu

is

1:4. more

f o r m u l a of R. M a n a .

Hence,

the

opinion of R. Nahum must be rejected.

specific and requires t h e f i n a l bene-

- η ο Ν ψ j i * ì p i N r t m ·>ηρ_ > : n > 3 rohùp

i i ü N ION

>3-1 o w n ϋ ύ ν ν > ? Ν 1 ? (foi. 9c) n o ?

"Tj;

TY d d n ^ p

j i w ^

0"TN> i!? W N Γ1ΓΙΊτΡ7Ί

Rebbi Eleazar ben A n t i g o n o s in the n a m e of R e b b i E l e a z a r b e n R e b b i Yannai105:

That m e a n s 1 0 6 that o n e is f o r b i d d e n f r o m d o i n g a n y w o r k

b e f o r e o n e r e c i t e s Havdalah.

A s h e said, h e said that o n e is f o r b i d d e n

f r o m d o i n g a n y w o r k b e f o r e o n e r e c i t e s Havdalah,

and s i m i l a r l y o n e is

forbidden to pray f o r one's needs b e f o r e o n e recites

105

Tanna of the last generation; his

Havdalah.

in t h e Y e r u s h a l m i ; h o w e v e r , it is

only known student is R. Eleazar ben

implied by the next paragraph.

Antigonos. In the Babli (Sabbath 150b),

106

the statement is in the name of Rebbi

in the Mishnah, that Havdalah

Eliezer ben Jacob, o n e of t h e last

be i n s e r t e d

students of Rebbi Aqiba and a major

benediction of the Amidah.

authority. In the Babli, the statement is

the first thing that one has to do.

relativized to mean that one does not

argument in this p a r a g r a p h takes this

even have to pray but just to r e c i t e

up:

"Praise to Him Who separates between

Havdalah

holy and wordly" to be able to do any

prayer with its supplications for wordly

work. There is no such relativization

needs, it also must p r e c e d e w o r l d l y

Refers to the majority opinion

in t h e f i r s t

Hence, it is

Since it w a s o r d a i n e d precedes

the

has to

weekday

The

that

weekday

436

CHAPTER FIVE

deeds. [The first weekday benediction

g r a p h , a p r a y e r f o r k n o w l e d g e is

also c o n t a i n s a s u p p l i c a t i o n but, as

acceptable also for the Sabbath.]

Rebbi is q u o t e d in an e a r l i e r p a r a -

>3Ί

>N3?

>3") DW? t7ì3?>03N "|3 "»ÎV^ >3"»

Ν "Τ Γ) . 1 1 3 ^ ? >ν>>)?Γ)3 .W

>Ν*ί>33

r n p i N vmn n i N p Ν-ή3

>3*1

ON >3>Ί3 Γ φ >

,!?in> ν ι π ί ρ v a

I Ç N jrçrr

Rebbi Zeïra, Rebbi Eleazar ben A n t i g o n o s in the n a m e of Rebbi Eleazar ben Rebbi Yannai in t h e n a m e of the important Rebbi Y e h u d a h 1 0 8 : did n o t r e c i t e Havdalah

If h e

at t h e e n d o f S a b b a t h , h e r e c i t e s e v e n

Thursday. That is restricted t o Havdalah

on

proper, but "illuminating fire" h e

m a y say o n l y i m m e d i a t e l y 1 0 9 .

manu-

been formulated because at the end of

script; "Rebbi Eleazar ben" is missing

107

R e a d i n g of t h e R o m e

the first Sabbath of C r e a t i o n , A d a m

from the Venice text but R. Yannai is

i n v e n t e d a r t i f i c i a l f i r e as t h e f i r s t

later than R. Eleazar ben R. Antigonos.

engineering feat of newly c r e a t e d man

108

(Yerushalmi Berakhot

He is Rebbi Yehudah bar Illai.

In the Babli (Pesahim 106a), R. Zeïra is

Pesahim

quoted as permitting the recitation of

sense to recite the benediction at any

Havdalah

other time. The rule proclaimed here

only

until

Wednesday

54a).

12b (8:6), Babli

Hence, it m a k e s n o

afternoon.

is attributed in the Babli (Pesahim 54a)

109

to R. Jacob ben Idi.

At nightfall one is permitted to

light a new fire. T h e benediction has

aio oi> >3"! i o n

η>>?η? - a nsn ow? n3N >3-1 rmn> an oy/3 ïoiirç >3-1 nwyon

riNjpìv) γ ρ » p i

>y>3V*o oi> i>3 i p w ηιψ IÇN

nvyç

rivri> !?ηψ

η ψ ν >?•) m i n ? a n > N " i i y \ • τ s

m τ τ:n τo i:

Rebbi Zeïra in the n a m e of Rav Y e h u d a h , R e b b i A b b a in t h e n a m e of A b b a bar Jeremiah: E v e n if a holiday falls in the middle of t h e w e e k o n e

437

HALAKHAH 2

r e c i t e s " H e W h o separates b e t w e e n Sabbath and the six R e b b i Z e ï r a said t o R a v Yehudah:

workdays110"

Has o n e six w o r k d a y s b e f o r e h i m ?

He

said t o him: H a s o n e impurity and purity b e f o r e h i m 1 1 1 ?

This is the last "separation" in

identical with that for the Sabbath. In

before the final doxology.

the Babli (Hulin 26b) the statement is

That "separation" is not in the Torah

attributed to R. Zeïra only, without

and not in the list of 3 - 7 separations,

discussion.

110

Havdalah

but necessitated by the circumstances.

Ill

The statement really means that the

"separations" mentioned in the Torah

text of

but today purity is impossible for us.

Havdalah

for holidays

is

TIN υ > > ) / !?nn n ç t o r j n s

This

v ? ^

. 1 ζ Ρ > ν τ η n i l V^y? 1 ?

one

M ^ n an o N V J K

» 3 > ι π η>ίρη> > i i o w ? η » ρ \ η >a-i oiaa

is

of

the

>a-i r p p - p

. η η ρ ν η ·)ίν>ψ ^ a

r n

uynvin'}

v ^ y n τ ν ρ - ν ' a - i οψ:?. n»¡?^n >a-»

i>3>>? Tiya-iN ΓΙ>>?-Ρ >an o w a n»|?tn >3") .-»a?

R e b b i Jeremiah, R e b b i Z e ï r a in the n a m e of R a v H i y y a bar A s h i : must say, "start the days, the six c o m i n g w o r k d a y s 1 1 2 , f o r p e a c e . " A b b a adds: " A n d let us hear in t h e m r e j o i c i n g and j o y . " the n a m e of R e b b i J e r e m i a h :

h a v e t o l o o k at t h e cup and the candle.

One Rebbi

R e b b i H i z q i a h in

" L e t us understand and teach us."

H i z q i a h in t h e n a m e o f R e b b i J e r e m i a h :

Rebbi Jeremiah114:

seven

Those w h o answer

Rebbi

Amen113

R e b b i H i z q i a h in the n a m e o f

T h e f o u r kinds o f the lulav

must b e t a k e n in t h e

direction o f their g r o w t h . 112

"The six coming workdays" is

have the phrase.

missing in the Rome ms. and might be

113

superfluous.

their own obligation by listening to

It is not in the received

Ashkenazic prayer texts of

Havdalah.

Sephardic and Oriental rites do not

Since they want to discharge

another person making Havdalah

over

a cup, they must see what he is doing.

438 114

CHAPTER FIVE In order to complete the list of

other than using them in the way they

traditions of Rebbi Hizqiah in the name

grew (bottom down, head up). [In the

of Rebbi Jeremiah regarding holidays,

Babli, "Hizqiah" should be "Rebbi

this extraneous tradition is included. In

Hizqiah" since "Hizqiah" without title

the parallel in Babli Sukkah 35b, it is

refers to the son of Rebbi Hiyya, older

stated that no obligation connected

than Rebbi Ze'ira.l

with things that grow can be executed

OHin o n i n l i n o ΝΠ> Hi)

a i o î ? ^ q>&rn n w

"lia* 1J3

v r i n r i η η κ * m v > n y o ) n a > n n >}?> i i i y n .rrç π ^ φ ψ r o n ?

^ n ^ ö NID

" i n i N n :> n w n .iniN V P J W P ,η^χ» n n w ?

M i s h n a h 3: O n e silences s o m e o n e 1 1 5 w h o says "Your m e r c y will r e a c h o v e r a bird's nest, 1 1 6 " "Your n a m e shall b e r e m e m b e r e d o n g o o d things," "we t h a n k , w e thank. 1 1 7 "

118

If the o n e standing b e f o r e t h e a r c 1 1 9 m a k e s a

mistake, a n o t h e r p e r s o n should r e p l a c e h i m a n d h e should n o t r e f u s e at that m o m e n t 1 2 0 . W h e r e does he start? F r o m the start of t h e b e n e d i c t i o n w h e r e t h e o t h e r person m a d e the mistake. 115

The reader in public prayer.

gation", n a * n'V®, in English texts

116

Probably in the benediction "He

usually called "the reader" but who in

Who hears prayer" where one prays for

Talmudic times was not a reader but

Divine mercy.

leader of the congregation in prayers

The r e f e r e n c e is to

recited by heart or prayers of his own

Deut. 22:6-8. 117

In the benediction

"Thanks-

composition. If he stumbled, there was

giving."

no way to correct him from a written

118

text and one had to try another person.

In the separate Mishnah, this is

the start of Mishnah 4. Hence, in the

120

Gemara text, the next Mishnah will be

asked to perform as "emissary of the

#5.

congregation", he is supposed to point

119

The "emissary of the congre-

Usually, if a nonprofessional is

out his unworthiness and accede to the

439

HALAKHAH 3 summons only at the third call. In an

the job, he has to agree immediately,

emergency, if he knows that he can do

v m p n ty v n n n by i v r i Ν n i p ? ή η ' ρ

RN .TPPRN IYNN

Υ)>ΝΠ ÌTIÌN

oy?

12l

onra

ΤΒΓΠ WNN -»ISSI IP

λ ns^n

XIN IJVRÇ

I P "TV .»ori r j n a ν ν τ ρ π ϊ ψ v n n n ! ? κ ^ ^ ρ ìriia? ή η > ρ VVVr? bü

î n ç ,τγ >?ri

n>N·)

N^ l i a >3") >3 >pi> >1"! Λ10Ν γ^Η)

o n r n

>?ri

TO

t\h .cpçrn l y n n l i a * m "V^T

t ù "τη N n v } ρ Γ Ρ η η ·)ΐο?>τι η ϊ r m η η

OTO'S >?"!>

ν ψ ί ν ψ n i n o ν 1 ??)!

m n rpna v m p n ï y

V?J?Q"ì lìtDì? 1 3 ο>)?ψ3 i ç n n m ì n i

>oi>

^Ν")ψ> >ja

VPnï))?T

n ^ n - ¡ I n κ η - ρ η .NjnN?

.o*nrp_ Nin r y m v m p D ϊ ψ ν π π ο

ΐηψ riiNiv

Halakhah 3: Rebbi Phineas in the name of Rebbi Simeon: He is like one who quarrels with the measures of the Holy One, praise to Him: Your mercies reached 122 over a bird's nest but did not reach this man 1 2 3 ! Rebbi Yose in the name of Rebbi Simeon: He is like one who makes finite the measures of the Holy One, praise to Him: Your mercies reach down to the bird's nest 1 2 4 .

Some Tannaim formulate "over", some Tannaim

formulate "to". He who says "over" supports Rebbi Phineas, he who says "to" supports Rebbi Yose. Rebbi Yose bar Abun said 125 : They do not act well who declare the measures of the Holy One, praise to Him, to be mercy. And those 126 who translate (Lev. 22:21) "My people Israel, just as I am merciful in Heaven so you should be merciful on earth. A cow or a mother sheep, it and its young you should not slaughter together on one day," they do not act well because they declare the measures of the Holy One, praise to Him, to be mercy. 121

This is the reading in the Rome

The Venice print has "Rebbi Isaac"

manuscript and the Genizah fragments.

which is impossible because Rebbi

440

CHAPTER FIVE

Isaac is older than Rebbi Simon and

in Greek (δδε) and Latin (hie), (E. G.).}

because later the Talmud text refers to

124

Rebbi Phineas.

bird's nest but not to insects and worms.

122

125

All Mishnah manuscripts, all

His mercies reach down to a

In Babli sources (Berakhot 33b,

Yerushalmi sources of the Mishnah,

Megillah 25a), the statement is attri-

and all Babli sources (Berakhot

buted either to R. Yose bar Abun or to

33b,

Megillah 25a) have v r v but all texts in

R. Yose bar Zabida.

the discussion have waïi

126

123

Jonathan) to Lev. 22:28, with minor

"This man" in Talmudic speech

means "me". (The same usage is found

•>p - d o >

Targum Yerushalmi (Pseudo-

changes.

p n * ? a n Ί 3 ï n m y >3-1 - i ç n

.iriiN VPTIWP o n i n

.in D>?wnri -pn>2 !?3Ì* . - I Ì S ^ S Ίηηη

jqn

onio

.-ιρψ η ^ ν τ

"One silences one who says 'we thank, w e thank.' 127 " Rebbi Samuel bar Rav Isaac said (Ρ s. 63:12): "For the mouth of those who speak lies will be dammed up. 128 " That is, in public. But in private it is supplication. 127

Quote from the Mishnah, to be

mention God's name only on good

discussed.

things, gives the impression that there

128

This verse explains that it is an

are two independent forces, God for

obligation to "dam up, wall in" the

the good and Satan-Ahriman for the

mouths of those who speak lies. Its is

bad. The Babli objects to the opinion

not explained what the lies are of those

expressed here that any repetition of

who repeat "we thank." In the Babli

sections of prayer texts is permitted in

(loc. cit.) it is explained that the one

private for emphasis.

who says so, like the one who wants to

H n>??n >?-) o v ó n3>?d ·)3 >?i> >3-ι . n y v ì r a > r i n Π3>Μ r o n " α - α ΗΊΗ Π51Π 3*1 Í 3 > 0 ^3")

îll^iîV

inn Jiúwíon

iiìvn

nabft

n y o ÌWTYÌ Π^Ο 1 Ί DV>3

441

HALAKHAH 4 Jiiana

^OJjia

n i J i w i o g Jiio^a v ^ a

.V? i r ^ n o i p 9 > i n n n j / o

n v

wni n w

nyo

an

n-jiav'? "Kin J i i i V i n N n

Halakhah 4: "If the one standing before the arc makes a mistake. 129 " Rebbi Yose ben Hanina in the name of Rebbi Hananiah 130 ben Gamliel: If one erred in one of the first three benedictions, he starts anew 131 . Ada bar bar Hana 132 , Ganiva in the name of Rav: If one erred in one of the last three benedictions, he returns to "Temple Service." Rebbi Helbo, Rav Huna in the name of Rav 133 : If one erred in one of the first three benedictions, he starts anew; in one of the last three benedictions, he returns to "Temple Service"; if he erred and he cannot remember where he erred he returns to the place that is clear to him. 129

Quote from the Mishnah.

How-

similarly corrupt in the Rome manu-

ever, the following s t a t e m e n t s apply

script and the Genizah fragments.

mainly to one who errs in his private

must be e i t h e r A b b a bar bar Hana,

prayer.

cousin of Rav, or his f a t h e r Abba bar

130

A / k / a R. Hanina ben Gamliel.

Hana.

131

Even though the Mishnah states

133

It

T h e r e is no d i s c r e p a n c y bet-

that one r e t u r n s to t h e start of the

ween this statement and ihe prior ones,

incorrect b e n e d i c t i o n , this does not

except that Rebbi Helbo insists that the

a p p l y to t h e f i r s t a n d last

three

entire statement is Rav's and that he

benedictions, which a r e an obligatory

adds the prescription how to behave if

part of any Amidah.

Each one of these

the e r r o r is committed in the m i d d l e

g r o u p s h a s t h e s t a t u s of a s i n g l e

benedictions. The last rule is parallel

benediction in this respect.

to t h e one given f o r e r r o r s in t h e

132

T h e r e e x i s t s no

A m o r a of t h a t name.

Babylonian

N n n > r i > m p i n ->ay > j i n >3"> o w a

r n

. ì J i i N " i n n n o ")>N

recitation of Shema' in Halakhah 2:4.

T h e name is

ina

"pi? ι η κ

1?

r i - η κ η κ >a-t

."po>p >a-i> i t o v ^ ì Y111*! . n r n a i n - o w n - )

v)^^» ο ? τ ι ψ - p î ^ n y - n a > 3 n > > y

i ? üvinrp

442

CHAPTER FIVE

ο > π » η rr>n>? -ION η^Ψ >oip

> β ο >pn ί π ί κ m n n ç

iO(9n bNìoy)

η>>

.Nìn ν »

.ρη>>ϋ

» J B η?ψΝ

tt . ο ^ ψ η ? η?ϊαι

nato? o n *

ont

"Wi*") D'ODH n ^ w

Rebbi A h a and Rebbi J u d a h ben P a z y w e r e sitting in a s y n a g o g u e . c a m e and s t o o d b e f o r e t h e a r c and f o r g o t o n e b e n e d i c t i o n . and asked Rebbi Simon. J o s h u a ben L e v i :

One

They went

Rebbi Simon said t o t h e m in t h e n a m e o f R e b b i

O n e does not r e m o v e an e m i s s a r y o f t h e c o n g r e g a t i o n

w h o forgot t w o or three benedictions134. m a d e a difference:

They found a formulation that

O n e does not r e m o v e him f o r a n y t h i n g e x c e p t if h e

did not say " H e W h o r e v i v e s the dead", " H e W h o subdues e v i l d o e r s " , " H e W h o builds J e r u s a l e m ; "

I s a y that h e is a s e c t a r i a n 1 3 5 .

Samuel M i n o r 1 3 6

stood b e f o r e t h e a r k and f o r g o t " H e W h o subdues evildoers." he started looking at t h e m 1 3 7 .

At the end

T h e y said t o him, t h e S a g e s did n o t t a k e

y o u as a yardstick.

But an individual has to repeat

"minor" because his stature was not as

following the standards of the Mishnah.

134

great as that of the prophet Samuel, but

135

g r e a t e r than everybody e l s e in his

If he does not believe in resur-

rection of the body, he is a Sadducee.

generation.

If he r e f r a i n s

137

When at the end he realized

uttering

the

Christians

or

that he had forgotten the benediction

expressing the hope that Jerusalem will

and also r e m e m b e r e d that with the

be rebuilt before a Second Coming, he

introduction of his formulation came

is a Christian.

the order to remove any "emissary of

136

the congregation" who omitted that

deprecation

ation.

from

against

A Tanna of the second generHe was t h e p e r s o n

who

b e n e d i c t i o n , he s t a r t e d

wondering

formulated the prayer against Christ-

about the r e a c t i o n of his a u d i e n c e

ians in the first place (Babli 28b-29a),

which according to the Babli was the

but a f t e r t h a t he f o r g o t what

he

Synhedrion at Jabneh. T h e Babli goes

He is called

into a lengthy discussion why they did

himself had formulated.

443

HALAKHAH 4 not r e m o v e him under suspicion of a

of the congregation then stood in front

belated sympathy with Christians. One

of the ark. Therefore, removal of the

answers that he started the benediction

reader is denoted in the Yerushalmi by

and only got lost in the middle; one

ρ τ τ π η "one returns him (to his seat in

removes only an emissary who leaves it

the synagogue)". In Babylonia, the ark

out a l t o g e t h e r .

was built-in and the p l a c e o f

T h i s is c l e a r l y

contradiction to the version of

in the

Yerushalmi.

the

reader was lower than the f l o o r of the synagogue;

hence

removal

of

the

In Israel, the holy ark was movable

reader in the Babli is expressed by

and f o r prayer it was transported in

•pVya "one moves him up ( f r o m the low

front of the congregation; the emissary

place of the reader)".

\tfió

- p D t n p a o n ^ i s > 3 1 o y n n s n - a l i y p w >a-| κ η κ *ia i p y ? >3-1

o y n N p - u "pypvy içN

. i n n Min

.iniN m n n ç

π ι ί α ν ^ ι ή η ι ι Ο ONÌ r o n * κ»3ΐ5ητ»

"»Ptn

pao

i n n v ^ n IIÍS - i p y O N i3ni> >3-1 jií* i

p

y

y

i

P

P

D

n a 15 r m > >3"»

R e b b i J a c o b b a r A h a , R e b b i S i m e o n bar A b b a in t h e n a m e o f Eleazar:

vnin

Rebbi

If o n e is in d o u b t w h e t h e r he m e n t i o n e d t h e N e w M o o n o r n o t ,

one m a k e s him repeat.

W h e r e d o e s he r e t u r n t o ?

S i m e o n b a r A b b a in

the n a m e o f R e b b i Y o h a n a n , if he had m o v e d his f e e t , he repeats f r o m the start, o t h e r w i s e f r o m " T e m p l e S e r v i c e . " 1 3 8

R e b b i Judah b e n P a z i said, if

he let his t h o u g h t s w a n d e r that is as if he had m o v e d his f e e t 1 3 9 .

The

p r i v a t e supplications 1 4 0 a r e a p r o b l e m .

138

All

this has b e e n

explained

conclusion of the o f f i c i a l 18 bene-

earlier in this chapter, Halakhah 2,

dictions of the Amidah, as e x e m p l i f i e d

Notes 79-80.

in the texts presented in Halakhah 4:2.

139

They are certainly part of prayer and

If the person praying did not

move his f e e t but started thinking of

recited while standing still, but not part

other things, it is as if he had moved

of o f f i c i a l prayers. Hence, their status

his feet.

in respect to repetition is unclear.

140

Private prayers said a f t e r the

444

C H A P T E R FIVE

m τi r ai o n

N - "n p r vT n i' 3τ nΤ i > > : n ι T

on

71)3>)?J} *

Γ·

i

n 3Τ n "

n a· N Τ" n

>a-n n n a

hzhΤ

m

"

. " p w ï o n ^ η π η ψ o i p o o !?>η^ι> v r i p n l o i v Ν ΐ η ψ n t p r i s y ? " !

ÏTîiTl r p j p ì

^li?^? n^Ì

ID^a^

OOVtnNÌJI

,n)?>nn n ^ i D Ν Γ Ι ^ Ψ

Γφψρ

Rebbi Abba the son of Rebbi Hiyya bar Abba in the name of Rebbi Yohanan 141 : If one became paralyzed while reading in the Torah 1 4 2 , the one who steps in for him should start from the place the first one started. For if you say from the place he stopped, the first verses would have been blessed before them but not after them, the last ones after them but not b e f o r e them, but it is written (Ps. 19:8): "The Torah of the Eternal is perfect, restores the soul", that it should be totally perfect. 141

Torah reading is discussed in

tractate Megillah.

The main place of

this paragraph is in Megillah

Halakhah

has

recently

published

Genizah texts which might imply that private

Bible

readings

also

need

benedictions b e f o r e and a f t e r

4:5. 142

Fleischer

In public, w h e r e e v e r y section

read in public needs a b e n e d i c t i o n

the

reading: D ' ^ m w ' - p R nVon 'xaipn o'»op rawn ( a ) r τ V» p i p , n r » n i&]

before and one after the reading. [Ezra

. r p * u n >32>? ί ο τ > ) κ ' i - i - i ç n tùH

rD*un

. o n * ) ? t n ^ l r n i n ? m i p ο > 3 ψ ι τ η ϊ Λ >ari

* ΐ ) ? > » 7Ù Π > Ν κ * ί ί ρ - τ η ί ο v p n w .jinN i p N : p n > VP???

It has been stated 143 :

ο^ψ W

tO

>Μνη

-ρκψ

o w n

T w o should not read the T o r a h 1 4 4 and one

translate145. Rebbi Zeira said, because of the benedictions 146 .

But has it

not been stated: T w o should not translate and one read; could you say that is because of the benedictions? enter into one ear.

But it is because t w o voices do not

445

HALAKHAH 4 143

Tosephta Megillah

3:20.

Torah and then a n o t h e r person, the

The

parallel to this discussion is found in

meturgeman,

Yerushalmi Megillah

Aramaic

(Rosh Hashanah

4:1.

The Babli

translated the verse into (Onkelos

for

Eastern,

Yerushalmi for Western congregations).

27a) quotes only the

result of the present discussion.

In Greek speaking congregations, the

144

Simultaneously, in public.

Greek text (Septuagint, later Aquila,

145

It was the usage, as it is still

Symmachos, or Theodotion) was used.

today in some Yemenite congregations,

146

that someone read one verse in the

benedictions is admissible.

jivriî? N^iy >ai i ç n

On one text, only one set of

. N ' i n w v > ? 0 o?3V> V W r n i n ? y - i i p ο ο ψ >?τ) . N ' i n π ν η ρ ví<1 r n i r a

It has b e e n stated: "Two m a y read in the Torah but t w o m a y not read the haphtarah

Rebbi U l l a 1 4 7 said, o n e c a l l s s e v e r a l

in the prophets."

p e o p l e t o t h e T o r a h 1 4 8 but o n e d o e s n o t call s e v e r a l p e o p l e f o r t h e prophets. A student of Rebbis Yohanan

Torah reading on Sabbaths, holidays,

and Eleazar who used to c o m m u t e

147

and fastdays, cannot be split between

between Babylonia and Galilee.

d i f f e r e n t r e a d e r s , but t h e

148

reading should be split among different

The baraita

does not speak of

simultaneous, but of successive readers. It asserts that the haphtarah

- ή Ν ψ η n?>

people for different sections.

a f t e r the

v i "|oiy>oi v i r » a n n i

>3*1 . H 2 ì >ρτ

Torah

oy>pü)?

n i

αιν>ρ r i a r m a

ΊΚΗ

. α η υ η " ! η^ρη")

*τη ï y π ι ρ ν ι n ^ q ϊ η ) > Ν η γ ; » *rna a>n> r n r ) ι ο ι η N ^

>_

>)? oiVD> n'y

.rrnpNi v i n

-»on

r p ç y ? H1? ^

'ai

νγιν noìo?

I Ç N .r»>}y ^

>i!?>y Ν^ΙΠ

Rebbi Joshua the Southerner 1 4 9 said: T h e r e are three things of w h i c h t o o little or t o o m u c h is bad and a v e r a g e is good:

sour d o u g h , salt, and

446

CHAPTER FIVE

refusal 150 . The first time he refuses, the second time he hesitates, the third time he runs and comes. Rebbi Huna 151 was sitting in a synagogue. The organizer came and importuned one 152 to go up and he did not accept it. At the end, that one came to Rebbi Eleazar and said to him: My master should not be angry with me; I did not go up because I was not fully awake.

He said to him:

I am not mad at you but at the one who

importuned. 149

A Galilean Amora of the fourth

emergency one should refuse; the rules

generation, student of R. Jonah and R.

are spelled out here.

Aha. A similar statement is quoted in

151

the Babli (34a) as tannai'tic text.

the better reading.

150

This refers to the part of the

In the Rome ms.: Rebbi Eleazar,

152

Asked him more than three

Mishnah which declares that in an

times and did not r e a l i z e that if

e m e r g e n c y , if a reader has to be

somebody refuses three limes, he must

removed, his replacement should not

have a valid reason not to be "emissary

refuse.

of the congregation."

It f o l l o w s that without an

OW? I H N >3-1 ήΐ7 IJONl . p i N >3*)> ^ » W "priN N A S I N I ρΓΙΓΙψΝ

ν™ γρ> ιη>?Ν

oipjap

b>njp> vjjori

rrç

i?

Νΐηψ io? ΝΓίψττρ T>ïi>?jrr ·)ν?η γύ Ί©Ν .ΓΚ π>/\?ψ ΓΟ*Ι?ΓΙ

i^ari

.ro-ia tintiti τ

153

Batitay was paralized at ophanim .

τ s

They went and asked Rebbi

Abun. Rebbi Abun said to them in the name of Rebbi Joshua ben Levi: His replacement should start at the place where he interrupted. They said to him: But did we not state: "He starts from the start of the benediction where the other person made the error?" He said to them: Since you answered Qedusah, it is as if you started a new benediction. 153

The second part of the Qedusah,

the recitation of Is. 6:3 and Ez. 3:12 in

the middle of the first benediction of Shema'.

[The paragraph cannot deal

447

HALAKHAH S with Qedusah

in t h e Amidah

since

there ophanim are not mentioned in the

leads up to Qedusah;

the second part

after Qedusah is a hymn to God in His

introductory sentence and any e r r o r in

r e l a t i o n to man; it has a d i f f e r e n t

the first t h r e e b e n e d i c t i o n s r e q u i r e s

subject. The Yerushalmi h e r e assumes

restarting anyhow.]

that the Qedusah

Rebbi

Abun's

before the

Shema'

answer shows that Batitai the r e a d e r

could not be recited in private prayers.

was paralyzed not during, but a f t e r his

Hence,

recitation of the sentence connecting

b e n e d i c t i o n , both of w h i c h c a n b e

Is.

6:3

and

Ez.

3:12

since

the

two

parts

of

the

the

recited in p r i v a t e p r a y e r , in p u b l i c

congregation already had answered the

service have the status of two distinct

second verse.

b e n e d i c t i o n s in t h e s e n s e of

The first part of t h e b e n e d i c t i o n

the

Mishnah.

speaks of the creation of the world and

OH)

. η ν ρ ο η >33ρ ÌDN c p j r p r i Ι Π Ν

n n > r i n >?a> " u i y n :ri m v »

i > 9 ? u h i N y m Ν ί η ψ i n n r e n ON") . v a s n i * Ν ψ ? H i ν ι π

ins οψ

ρκ

innari!? ιήη·)

Mishnah 5: He w h o stands b e f o r e the arc should not answer A m e n a f t e r the C o h a n i m because of the distraction 1 5 4 . there but him, he should not lift his hands.

If there is no C o h e n

But if he is sure that he can

lift his hands and return to his prayer, he may do so 155 . 154

The "emissary of t h e congre-

the a p p r o p r i a t e

words

(and

the

gation" who stands b e f o r e the arc and

following last benediction) without the

has to r e c i t e t h e p r i e s t l y

help of a prayer book.

blessing

(between the last two benedictions) so

155

that t h e C o h a n i m may r e p e a t

early Israeli Yelammedenu

the

Midrash Rabba Dcvarim 7(1), an Midrash,

blessing aloud should not say "Amen"

extends the last sentence, "but if he is

a f t e r e a c h s e n t e n c e of t h e p r i e s l y

sure that he can return to his prayer, he

blessing because he must go on reciting

may do so," also to answering A m e n

448

CHAPTER FIVE

after the Cohanim, "because there is

when this Midrash was composed, the

nothing greater before the Holy One,

flowering of synagogal poetry already

praise to Him, than the Amen which

had led to the writing of prayer books

Israel answer." It is very likely that

for the reader.

Nlipro

n i s Ν ^ ύ τ η ηα'Γιη

-iiiyn"!

tC? r n i n i JirnoNtn riten - !?:»? η η κ N>N1 ,-NA RRÇ N N >333

t i n t n i a n >iri :fi n a t m

ipapni

rnirn

TPN ,-IÌI RRÇ NRJ ROY ON) .yon Snxy ->ΠΝ n^Î

.«LITA NIIYA ODD NÇ N N - I M INO ΊΟΡΗ AN -ION .ODN RRÇ NRJ >35 .rD*vji r o n ? ìy rrçiya t ì a rrç n n H a l a k h a h 5: It was stated 1 3 6 : Shema'151,

ÌN&I

H e w h o recites the blessings for the

he who stands before the ark, he w h o lifts his hands, he w h o

reads in the Torah, he who recites Haphtarah

from the prophets, and he

who recites any blessing for obligations spelled out in the Torah, should not recite A m e n after his o w n benediction. uncivilized.

If he answered, he is

S o m e Tannaïm have stated: he is uncivilized; and s o m e

Tannaim have stated: he is wise. Rav Hisda said: He who said "he is wise" refers to him w h o answers at the e n d 1 5 8 , but he w h o s a y s "he is uncivilized" refers to him who answers every single benediction. 156

Tosephta M e gill ah 3:27 is simi-

one may recite Amen on his own

lar to this text.

prayer, this does not apply to the

157

benedictions after the Shema'.

The Hebrew expression meant

Most

different things at different times. The

Medieval commentators take o n o to

translation follows the consensus of the

mean "to parcel out" and apply the

Gaonic responsa that DUB means

term to a group of people who prayed

"recites the benediction" on basis of

with less than a quorum and after the

Targum Jonathan to ISam. 9:13 where

Amidah found themselves with 10 adult

nam y u ' Kin is rendered by O'"IB Kin

males; they then may appoint a reader

KJÌTOL The Gaonic interpretation is that,

who recites half ¡Caddish, ma, possibly

even though at the end of a full prayer

the first benediction for the Shema',

449

HALAKHAH 5 and the repetition of the Amidah with

itself (except the benedictions for the

Qedushah

recitation of Shema').

and the priestly blessings.

This is the

The Ashkenazic interpretation is

reasonable i n t e r p r e t a t i o n of

supported by the reading of the

Yerushalmi here.

the

Tosephta (loc. cit.) where one clearly

parallel discussion is Berakhot

means "breaking, parcel out".

reciting Grace after the meal, where

158

In Sephardic and Oriental inter-

Amen separates the part which is a

pretation, this refers to all prayers,

Biblical obligation from the rest which

In the Babli, the 45b on

when one recites "Amen" after one's

is purely rabbinic. Hence, Ashkenazic

own benediction at the end of a well

interpretation restricts "Amen" after

defined unit of several benedictions

one's own benediction to the third

which form a whole that can stand for

benediction of Grace.

>riç>N

. i r o n n i s w ^ ç p IDb τ η κ - ! !?ίο\(>> ο υ ψ N}>?n

. n a n o ΓΗ* "py^nn c n n *PO!?T) Rebbi Hanina said 1 5 9 : Cohen in the middle 1 6 1 .

-τηΝ n>n ON

i ç n (foi. 9d) I>1V ο ! ? ΐ 3 ψ i o t a

Two Israel 1 6 0 and one Cohen, one takes the That is, when they are all equal.

But if one of

them is learned, one takes the one with a title 1 6 2 in the middle. 159

Since the Mishnah speaks about

Levites seem to be included in the

the priestly blessing, some rules are

general denomination of "Israel".

added here about the preference given

161

to Cohanim in the society of Non-

the Cohen.

Cohanim. The parallel to the second

162

statement of R. Hanina is in Babli Yoma

version of the Yerushalmi is quoted in

37a.

Raviah #577.

160

rp.}>

To give the place of honor to A rabbinic title. A compacted

Jews who are not Cohanim.

irò

> r p - u Hi

>ç»n η > γι

>an

Rebbi Joshua ben Levi said: I never recited G r a c e 1 6 3 in the presence of a Cohen and I never let an Israel say Grace before m e 1 6 4 .

450 163

CHAPTER FIVE Reciting Grace aloud for all the

participants in a meal.

Rebbi Joshua

ruling of R. Hanina and states that the Cohen always has precedence.

Never-

ben Levi was the greatest authority in

theless, since his statement is f o r m u -

his generation; nevertheless he r e f u s e d

lated as a personal act, not as a precept

for himself the precedence granted the

for everybody, the Yerushalmi

rabbinical authority by Rebbi Hanina.

p r o v e s by t h i s s t a t e m e n t t h a t

In t h e Babli, Megillah

2 8 a , t h a t is

p r e c e d e n c e g i v e n t h e C o h e n is a

r a t h e r v e h e m e n t l y o p p o s e d by R.

Rabbinic ordinance, not a Torah law.

Yohanan.

[R. Eliahu Fulda and R. Z. Frankel hold

Gittin the

Yerushalmi

that R. Joshua was a Levile and extends

Gittin 5:9, the reading is "before him",

t h e rule of R. Hanina to p l a c e t h e

meaning the Cohen. In that version, R.

Levite b e t w e e n Cohen and Israel in

Joshua ben Levi n e g a t e s t h e e n t i r e

order of precedence.]

164

In t h e p a r a l l e l ,

ύ>ι*Ί J i p j ? n n > a a t n i y N i n y ì r p ' ì o H V > N ^

w y n . pHQ ΓΟΓ) νήψη mn 15 na

1?

rnv >31 .TWJQ "oiy

. n - q > n>> p > a ?

.rrrinv

tin NWÜ γρ> o>Nj?·)

Rebbi Judah ben Pazi in the name of Rebbi Eleazar: Every Cohen who stays in the synagogue and does not lift his hands transgresses a positive commandment 165 .

When Rebbi Judah ben Pazi was weak he supported

his head 166 and stood behind a pillar. Rebbi Eleazar went outside. This s t a t e m e n t has b e e n dis-

positive commandments a r e e n u m e r -

cussed in H a l a k h a 3:1, Notes 84-89.

ated that the Cohen transgresses by his

T h e two t r a d e n t s h e r e w e r e

inaction.]

165

both

Cohanim and they had d i f f e r e n t ways

166

to evade their duty if they felt sick or

so that is was clear to everybody that

weak. [In the Babli (Sotah 38b) three

he was not well.

o>3rp n^ 1 3 ^

Ί>

ν

^ Ψ Ρ

ο ν ή N»n

Possibly he bandaged his head

>a-a

lopiníri

νπν

>?-»

livnN^ ο ν π ι ψ ιη>ΠΝ£ ii<my¿ ID^nNb v?"o>? in >o> .ìr»a? ΓΙΝ , η υ τ η ο > \ ώ η ρ ν ι ^ η . Ο Ν r o i y >οί . ι η ν ο ^ ψ Ί Ό ' η φ f r u n a ^

451

HALAKHAH 5

Rebbi Aha, Rebbi T a n h u m a ben Rebbi Hiyya in t h e n a m e of R e b b i Simlai: They lift their hands in a town where all are C o h a n i m 1 6 7 . d o t h e y bless?

Whom

Their b r e t h r e n in North, South, East, and W e s t .

Who

answers A m e n a f t e r them? W o m e n and small children. 167

A n d there is n o b o d y l e f t in t h e

blessings.

T h e B a b l i is e v e r y w h e r e

men's s e c t i o n of t h e s y n a g o g u e w h o m

o p p o s e d to g i v i n g w o m e n a p l a c e in

they could bless. In the p a r a l l e l in t h e

services or study. From here to the end

Babli ( S o t a 3 8 b ) it is r e q u i r e d that 10

of t h e H a l a k h a h , t h e t e x t is f o u n d

C o h a n i m r e m a i n in t h e i r p l a c e s

(almost) w o r d by w o r d in Y e r u s h a l m i

order

to

V"T>?iyn

answer

.rona

Amen

after

in the

Gittin 5:9.

·)3>Ν o o r p n η ί η φ

n r n i n ! ? n 3 ϊ ν n n i n ì!?>«)n . i n i n N ^ n^n)

i m n > D/dj?? Ν Ι Π ρ v * n s n ϊ χ m n - ) vis'?

ijvno

. i n DD*)3

VTPìVn

>3 » 3 N h ) T \

-13 N » n >3-) ί ο ν

oorpn in

ντρίνπ

n'jìop ί τ ν η η VÍ3> η^ιη

vninwb

o>7"T^n ρ

A b b a y e ben Rebbi B e n j a m i n 1 6 8 stated:

npyrpy;} o m ^ n

v i p i y n IN r n m

ΝΙΓ)

.rn>w:>

Those w h o stand behind t h e

Cohanim are not included in their blessing. Those w h o stand b e f o r e the Cohanim; Rebbi Hiyya bar Abba said the blessing even cuts t h r o u g h an iron wall 1 6 9 . About those who stand on the side, we may understand f r o m the following 1 7 0 : If he wanted t o sprinkle b e f o r e him and he sprinkled behind him, behind him and he sprinkled b e f o r e him, his sprinkling is invalid. Before him and he sprinkled on his sides, his sprinkling is valid. This i m p l i e s t h a t t h o s e w h o stand on t h e side a r e i n c l u d e d in t h e blessing 171 .

168

In t h e Babli ( S o t a h 3 8 b ) h e is

third generation.

called A b b a t h e son of Rav M i n y a m i n

169

bar Hiyya, a Babylonian A m o r a of the

tradition of R. Joshua ben Levi.

In the Babli (loc. cil.)

t h i s is a

452 170

CHAPTER FIVE Mishnah Parah

12:2, d e a l i n g

contradicts the intention has the status

with a man who wants to sprinkle from

of a slip of mind.

the water mixed with ashes from the

171

red h e i f e r on a person i m p u r e by

bless the p e o p l e b e f o r e t h e m , this

contact with a d e a d body.

It is a

intention automatically includes those

general rule that the w a t e r used for

who stand on their sides and excludes

this purpose becomes invalid if, after it

only those behind their backs.

was taken from a flowing source, the

same reason is given in the Babli, loc.

person in charge of the water lets it

cil.)

slip f r o m his mind.

γρπ o n •)nb

Since the Cohanim intend to

(The

An action that

ipy? - o inn? an

.ΐ>ία τ \{ρ i m n Nn>w r j n s i Ν - ι σ η a*i - i m

»qtpn m_ - i o n . o > ? r p o n j p i N o>3yi v n o n i n s i o ì n *rnis i r ò .OIVS»^ N ^ N i O i p

0 > ? r p U 0 Í N *ΤΠί*

Rav Hisda said, the organizer 1 7 2 must be an Israel 1 7 3 . Rav Nahman bar Jacob said, if there was one Cohen he calls "Cohen" 1 7 4 , if there are two they call "Cohanim". Rav Hisda 1 7 5 said, even if there was only one Cohen he says "Cohanim", because he only calls the tribe. In old sources, the 71η is not the

that only a Cohen may call "Cohanim".

person who sings in the service but the

However, in one manuscript (Rome) of

organizer of the c o m m u n i t y .

The

the Babli, the reading is not "a Cohen

statement of the Yerushalmi implies

may call 'Cohanim'" but "one Cohen

that the call "Cohanim" to a l e r t the

calls 'Cohanim'" and then the statement

p r i e s t s to r e c i t e t h e

benediction

would be parallel to the Yerushalmi.

preceding the priestly blessing is not

This reading of the Babli is the basis of

pronounced by the reader (who has to

the i n t e r p r e t a t i o n of ( t h e I t a l i a n )

pronounce every word of the priestly

Shibbole

blessing b e f o r e it is recited aloud by

174

the Cohanim) but by the organizer (or

declares that one Cohen is not called at

the servant) of the community.

all but he starts by himself.

173

175

172

In the Babli (Sotah 38a), Rav

Hisda is quoted to the opposite e f f e c t

Halleqet.

In the Babli (loc. cit.), A b b a y e

In Yerushalmi Gittin, the author

of this statement is Rav Huna.

451

HALAKHAH 6 V I 1>?>P NIN H 3 > * Η>>Ψ ON-)

.IB NIN V I I>?>O NYOI

Η>ΗΨ NOI-T I ? Ν3>?Γ) > ? Ι Ï Y VTY U M "»ON

V I V Η JIN I>>3P ^

ΝΊΠΨ »?>F

Λ M TOA

.INIO? O-JN Ϊ Ψ INTFRÇRÇ» I>N>IV>>

N O N N >N Τ)\ Ι Ρ Ί Κ Ί O>>INN Ï Y

1

IN ? ON") .BAIPP ΝΊΠΨ

V I V ^ 3 »II^M» RNWY; ON I Í # ,ΗΙΟΡ

Mishnah 6: It is a bad sign for him who prays when he makes a mistake. And if he is an emissary of the congregation, it is a bad sign for those who sent him because the emissary of somebody is like that person. They said about Rebbi Hanina ben Dosa that he was praying for sick people and saying that this one was going to live and that one was dying. They asked him, how do you know? He said to them, if my prayer comes easily from my lips I know that he has been accepted; otherwise, I know that he is being torn.

.ΤΉ3Ν? "Τ3>3Ί ΊΌΗ 3 P # > "13 ΝΠΝ 3 1

Λ 713*71

Halakha 6: Rav Aha bar Jacob said, only at "Forefathers. 176 " 176

Is it a bad omen if he errs there.

the n a m e of (the t h i r d g e n e r a t i o n )

The tradent here is Babylonian. In the

Babylonian Rav Safra. The statement

Babli ( B e r a k h o t 34b), t h e

parallel

must be Babylonian since t h e Yeru-

statement is a t t r i b u t e d to the Baby-

shalmi requires attention for the entire

lonian-born Rebbi Hiyya (bar Abba) in

Amidah.

13 ΪΘ>?Η >3-Ι

CPODO N>N>RI

-ION ΤΙ>Ι N>>>YB RFRJN N>>>*£ Η ^ Ν Ψ

V3n n v v n n i N 3 in?>pi

Γ^ΨΙ Ύ } RFRI™ !W>>)3Ì 1 3 1 3 ΗΨΝΟ >> II>NPN yù I O N ,ÌI>V3 NOÎT

131 ty m ηί3>3ψ >ÍN n i C 3

1ΨΊ3>3 HT)T) N^>£)JP3 } 3 > TIN RI3)1D ON >50N3 > 3 1 3 ^ΝΊΟΨ >31 1J3N .^TO 13 Y\IHN> > 3 I I O N DÇ

.ÌJ1^>3J1

,Q>JW 3>Y)PRI 0 3 ! ? I>?N OYO NÇN .ΐ3#>£>Η Π ^ Ρ Ψ ΐ Ψ 1 ^ 1 3 ) ? ΝΠ> ΓΟΙΊΪ? 0 7 Ν Ϊ Ψ

WJÍ

OÎ

*

^

454

CHAPTER FIVE .vna-p * i o n a i - i ^ ) pini!?

cpriay η υ N-iii o ^ o

It happened that the son of Rabban Gamliel fell ill and he sent two scholars to Rebbi Hanina ben Dosa in the latter's city. He said to them, wait until I go to the upper floor. He went to the upper floor, came back, and said to them:

I am sure that Rabban Gamliel's son will get respite

from his sickness.

They noted that at this hour he asked for f o o d 1 7 7 .

Rebbi Samuel ben Rebbi Nahmani said: If you were able to concentrate your attention on your prayer, you are told that your prayer was heard. What is the reason? ( Ρ s. 10:17) "You prepare their hearts, You will listen with Your ears. 1 7 8 " Rebbi Joshua ben Levi said: If a person's lips bore f r u i t 1 7 9 he is told that his prayer was heard.

What is the reason?

(Is. 5 7 : 1 9 ) "He W h o

created the fruit of lips: peace, peace to the far and the near said the Eternal, I shall heal him." 177

In the Babli (34b) he is reported

179

Not only that he concentrated

to have asked for water.

his attention as required by R. Samuel

178

ben Nahmani, but that his lips pro-

T h e first "you" r e f e r s to t h e

person, the others to God.

duced a well-formed result.

VDW p n s p O D TJP3

>-19 N K i a -MOÌN N i n ·)^>ΝΓΙ i m > 3 ï y j m > a n ϊ χ ρ ? " ) ? » I ^ D ^"ΪΝΓΙ n i - p s

.·)?ΪΠ n ? Ν - n i - i n i N M i n ì>>r» ϊχψ

K > s i e n ->nin N ì n n ? n ϊ χ ψ n a n ρ t n i N r m n > >11

M i s h n a h 1:

>pn

ι>»η ρ

M >(ΐη

nniNiii n ? l o i a

n p i y i n >-19 f o i n i o ì n n ì d n i p - j » n

mvo

ion

- Y ì W V?

Which benedictions are recited on produce 1 ?

On

tree-grown fruits one says "Creator of the fruit of the tree" except for wine, because on wine one says "Creator of the fruit of the vine." But on fruits of the land one says "Creator of the fruit of the soil" except for bread, because on bread 2 one says "He Who produces bread from the earth." On vegetables one says "Creator of the fruit of the soil", Rebbi Yehudah says: "Creator of kinds of vegetables 3 ." 1

Before one eats of these fruits, as

not in the Venice print but since they

will be explained in the Halakhah. All

appear in the Leyden manuscript the

benedictions start with "Praise to You,

omission seems to be a printer's error.

Eternal,

3

our

God,

King

of

the

insists

that

Universe". This formula is understood

benedictions should be exact

and

and does not have to be repeated.

vegetables without seeds do not qualify

2

as "fruits".

The words "because on bread" a r e

o^iyn ρ

otos rooîn

V'HO n N > p n « n p n

ύ ν ι ? mis»

.en??

Rebbi Yehudah

.πα η ν η η inri η ξ φ ρ ί >ρτΝη ^ α > τ ο ΊΓΏΝ

n>rp :κ na^n

-ȂN

. n i d o r i il? η>τι»\{» TU

i N i ^ n iíns o^iyn

.οί3γι l i m a c i Jnw>

456

CHAPTER SIX

ΠΓΙΝ * ΊΠΝ i n i

13

>3-1 Dw? y n n v n

r j ^ n ib>N?

n p T a i rilpDN ON

(foi. ioa) .tp^y !?a > m i o ι π Ν -»17 .tjfliii N>an

>a-» . r o n a >niio

>?N n ^ n p

Í73 i n n ΝΠΝ >a-» ION

ta 'mio

w t y i ninion

,Π> n i l W>N D ' I ) N> l ' I ^ î p i p i "IQN I ^ q n o ? . î p - j ^ a p D ^ v n ^ n>n

,V-jon>I V33> n a n ? η ν ο ψ "rn^p

niio

v n i p N » n >an

•ïïl!??^ VU D ^ ? O"TN OiVV>?

-lOiN

>3*1

Halakhah 1: It is written (Ps. 24:1): "The Eternal's are the earth and what is in it, the dry land and its inhabitants." He who profits f r o m the world commits larceny 4 until good deeds will permit him 5 . Rebbi Abbahu said, it is written (Deut. 22:9) "Lest the fullness of the seed that you sow and the yield of the vineyard should be forbidden." The entire world and its contents are like a vineyard.

W h a t is its r e d e m p t i o n ?

The

benediction 6 . Rebbi Hizqiah, Rebbi Abun in the name of Rebbi Simeon ben Laqish: (Ps. 16:2) "Say to the Eternal, You are my Master 7 , my good is only with You." If you ate and recited the benedictions then it is as if you ate from your own.

Another explanation 8 : "My good is

am feeding My goodness to your body.

with you", I

Another explanation: "My good

is ^3 with you", all good things may be mixed together and come to you. Rebbi Aha said, what is "only with you?" I shall not bring any good things to the world without you. As it is said (Gen. 41:44) "Without you nobody may lift his hand. 9 "

Rebbi Hiyya stated: (Lev. 19:24) "Holy for praises",

this shows that it needs benediction before and after.

From here did

Rebbi Aqiba say that nobody should taste anything before he gives praise 10 . 4

Since he uses God's property, not

his own.

5

The obligation to say Grace after a

meal is spelled out in Deut. 8:10. The

457

HALAKHAH 1 obligation to recite blessings b e f o r e

either chose to ignore it or give very

one eats is not mentioned explicitly in

incongruous e x p l a n a t i o n s .

the Torah. Since Grace is only treated

explanation is that of R. Eliahu Fulda

in the next Chapter, one has to f i n d

who in his Y e r u s h a l m i edition sup-

here Biblical allusions to this duty and

presses the word IB "lest". One would

(in the next s e c t i o n ) to t h e duty of

have to assume that Rebbi A b b a h u ' s

reciting a benediction before fulfilling

text did not have t h e w o r d but t h a t

specified commandments.

later scribes added it from memory. By

The verse appears in the Babli (35a)

T h e best

it the negative implication of the verse

R. L e v i

(which speaks about growing d i f f e r e n t

115:16)

kinds of plants in a v i n e y a r d ) a r e

"Heaven is the Eternal's heaven but the

changed to a positive one which now

earth He gave to mankind", explaining

should be translated: "That you shall

that before a benediction everything is

sanctify the fullness of the seed that

in t h e n a m e of S a m u e l . compares

the verse

(Ps.

t h e E t e r n a l ' s p r o p e r t y but a f t e r a

you sow and the yield of the vineyard."

benediction

Since t h e s a n c t i t y is not t h a t

property. Galilean

it

becomes

human

W h i l e R e b b i Levi is a teacher, the

Yerushalmi

of

sacrifices, the sanctity may be removed by redemption (Lev. 27:11).

However,

rejects his c o m b i n a t i o n since in t h e

there can be no monetary redemption

third p a r a g r a p h earthly enjoyment is

of anything not explicitly authorized in

only "as if one ate f r o m one's own".

the Torah.

The text of t h e Y e r u s h a l m i is f r o m

non-monetary and is t h e t r a d i t i o n a l

Tosephta Berakhot

praise

4:1 which is iden-

Hence, the redemption is

given to God in benedictions.

tical with t h e T a l m u d i c text e x c e p t

[The simple sense of the verse is that

that there it says "until all good deeds

produce grown in a vineyard becomes

will permit him", meaning that only if

forbidden for private use as if it were

the preparation of food is completely

dedicated for sacrifice.]

within the commandments of the Torah then the last step of the preparation, the recitation of the benediction, will allow the food to be given to man as his own. 6

The translation follows the Biblical

8

The verse is e x t r e m e l y h a r d to

u n d e r s t a n d ; t h e next two

interpre-

tations have nothing to do with t h e

This argument is very difficult to

u n d e r s t a n d and t h e

7

text, not the text written here.

commentators

topic on hand; they are only added to i n d i c a t e t r a n s l a t i o n s t h a t m i g h t be

458

CHAPTER SIX

considered if Va is not a negation but a

(35a); the source of both Talmudim is

verb form derived from VVa, which may

Sifra on the verse. The verse speaks of

mean either "to give food" (Jud. 19:24)

the fruits of a vineyard in its f o u r t h

or, more frequently, "mixed with fluid,

year when the grapes can be used for

moistened."

the first time a f t e r having

9

forbidden f o r the first t h r e e years.

Taking Va as shorthand for 'isVa

This is only a hint for any other food.

"without". 10

been

This is also quoted in the Babli

"V3N

-lD^V 1 T 3 1 " Î 0

n i d o r i ϊ ϊ ψ i>3>?ì n j w i rmy\? r n i n n ç

"X3Î?

^

nùiy\? Jïrçpn

VPÏPV ^ P T

m ? ) / j i i n > n>)p-)> >3-1 n>>

N i n a -»3 N I N >31 w p i n a r i τ η ί η w>pn

^"Π

.rm?

nwy\?

.niiijani r n i n n y i i j n n i n t o ni* , γ ο ί ι r m y o mar? ηκ r o * u

Rebbi Haggai and Rebbi Jeremiah w e n t to the Bazaar 1 1 . Rebbi H a g g a i w a s quick to recite a blessing.

Rebbi Jeremiah said t o him:

c o r r e c t l y b e c a u s e all c o m m a n d m e n t s n e e d a b e n e d i c t i o n . w h e r e that all c o m m a n d m e n t s

12

need a benediction?

Y o u acted And from

Rebbi T a n h u m a ,

Rebbi Abba bar Cahana in the n a m e of Rebbi Eleazar: (Ex. 24:12) "I w a n t t o g i v e y o u the s t o n e tablets, the Torah and the c o m m a n d m e n t 1 3 . " brackets Torah and c o m m a n d m e n t .

It

Just as Torah n e e d s a b e n e d i c t i o n , a

c o m m a n d m e n t also needs benediction.

11

The translation is tentative; n'a

agoranomoi,

overseers of weights and

κητοπ means "the house of stores",

measures, and Rebbi Haggai recited a

which might be a description of a shuq

benediction before starting to go from

even though it is difficult to explain

stall to stall and checking the balances

why the word xgvff was not used. It is

for correctness since that is a Biblical

not clear what kind of mizwah the two

commandment repeated several times

rabbis performed in the market. In the

in the Pentateuch (Deut. 25:15, Lev.

opinion of R. Eleazar Askari they were

19:36) in addition to the prohibition of

459

HALAKHAH1 Terumah.

fraudulent business practices.

R. Z a c h a r i a h F r a n k e l w a n t s to

The Rome manuscript has instead of κηιιιπ n'a the expression πηκοπ 'dV "the

e m e n d to κηιιηπ n'a " p l a c e of

water for the ashes of the read heifer",

wedding" but his reading has no basis

the drawing of which certainly would

in antique or medieval sources.

need a b e n e d i c t i o n .

12

The

Talmud

a

A f t e r establishing benedictions

reports that Rebbi Haggai finished his

before the consumption of food one

Talmud studies with Rav Huna I at age

establishes now the need for bene-

18 and lived to be 160 years old; so, as

dictions b e f o r e the execution

shown in the commentary to Mishnah

positive commandments (by tradition,

1:1, he still could have seen ashes of

only those to be performed at specific

the read heifer, but these could not

times or occasions, not those that are

have been p r e s e r v e d at the time of

always valid).

Rebbi Jeremiah who lived during the

13

third

T o r a h and C o m m a n d m e n t s " .

and

fourth generations

of

of

The verse really reads: "both The

Amoraïm, even if these ashes w e r e

double vaw in the verse is essential for

uniquely reserved for Cohanim eating

R. Eleazar's argument.

i o.. n- o. n. N i l 1 3- N τ» n m T

Vö» >53θ

mτ m v - iτ n- :N- :^ t v îτoτî ?: n' i- n··i N iτ m 3 ü· í: p' τ nτ v ·:· ·

ΓΡ> .>3 t ? ? r i p n n dτ ' - i ·ü: n o- i

>3-» n>> τ η ν π α

.n>î? γ ρ ν

.ioyn>p

J i n x r n n ? ϊοκ

nnt»

. m nτ -N: ·ì·?: ì v i τs τi :? n aT iT aS ' p y oT pnv

r n m

p n v >3-» ΓΡ> I O N

n>> j v > i

p n v >377 η > π > η

.Π>3 n "T y a; v·)

ioyn)? i n v y > j y .n»-P3 o w n

ηη.Γ)Ν>ι η>?3> r o - u p y o f o n y ^ ρ η η Rebbi Yohanan t o o k an o l i v e

14

m

pnv ϊψ

and recited a b e n e d i c t i o n b e f o r e and

after. Rebbi H i y y a bar Abba was looking at him. Rebbi Y o h a n a n said to him:

B a b y l o n i a n , w h y are y o u l o o k i n g at m e ?

Don't y o u a g r e e that

everything f r o m the S e v e n Kinds 1 5 needs a benediction b e f o r e and after? H e agrees. What is his problem? Because its pit reduces it 1 6 . D o e s Rebbi Y o h a n a n a g r e e that its pit r e d u c e s it? because of a creature 1 7 .

W h a t Rebbi Y o h a n a n did w a s

The w o r d of Rebbi Y o h a n a n implies that e v e n

o n e berry f r o m a pomegranate needs a benediction b e f o r e and after 1 8 .

460 14

CHAPTER SIX Here starts the actual discussion

of the rules given in the Mishnah.

This is called "one benediction in the

R.

kind of three"; the three benedictions

Hiyya bar Abba's report on the story

a r e r e s e r v e d f o r g r a i n e a t e n in t h e

appears also in the Babli (38b-39a) but

form of bread. The benediction b e f o r e

there the argument and the inferences

is t h e

drawn are totally d i f f e r e n t .

mentioned in the Mishnah.

In t h e

Babli, R. Hiyya bar Abba reports that

16

t h e olive w a s s a l t e d , w h i c h

applicable

one

of

those

In general, anything smaller than

seems

the volume of an average olive is too

natural since raw olives are bitter. The

insignificant to require a benediction.

discussion in t h e Babli is w h e t h e r

The edible part of an o l i v e is much

p i c k l i n g or c o o k i n g

smaller than the volume of an a v e r a g e

changes

the

applicable benediction; it is clear f r o m

olive.

this p a r a g r a p h t h a t at least f o r t h e

17

"Seven Kinds" the Yerushalmi does not

that R. Yohanan ate a large olive which

c o n t e m p l a t e a n y c h a n g e in

The Babli (loc. cit.) c o n j e c t u r e s

bene-

even if pitted still has the size of an

dictions.

average olive. The Yerushalmi h e r e is

15

The Seven Kinds a r e "the fruits

emphatic that any complete edible fruit

for which the Land of Israel is praised",

needs a benediction before and a f t e r it

e n u m e r a t e d in Deut. 8:8:

is eaten, irrespective of size.

"A land of

wheat and barley, vine and f i g , and

18

pomegranate; a land of oil olive and

each seed is surrounded by f r u i t flesh

(date) honey." Since in v. 10 it is stated

encased in a membrane. One such cell

"when you will eat and be satiated, you

containing the seed and the f r u i t flesh

must praise the Eternal, your God, for

is a berry. Without the seed it would

the good land t h a t He g a v e you," it

not be a creature and without the f r u i t

follows that

a

flesh it would not be edible but with

benediction a f t e r w a r d s t h a t c o n t a i n s

both it needs benediction b e f o r e and

praise for food, land, (and Jerusalem.)

after if the membrane is untouched.

these

kinds need

A pomegranate is f u l l of seeds;

i3)3>3 ν > \ ? ύ pN") ^ y n n ? l o i a v ! ? y I O Ì N Ν ΐ η ψ n i n ? κ ι π ψ

1»

n r n o h » ^ 13)?>3 ν > \ ρ ί η 1??ri n ? N n . i a v t y i n i N v m a Ν ΐ η ψ y o \ i

.on#

> 1 3 ν - v i a v b y o n j p i N v m a p a >n V 3 o n p i N ο > ) 3 3 0 ΐ

."rçv>!?ïf > a i

γ ρ κ o w n i a v n í o n >3-» " ΐ η κ . o h ^ u j a n ρ > \ ? ί η

461

HALAKHAH 1 19

"Wine in its natural state 2 0 , o n e says f o r it 'Creator of t h e fruit o f t h e

tree' 2 1 and o n e m a y not use it t o w a s h his hands 2 2 ; w h e n it is m i x e d 2 3 , o n e says f o r it 'Creator of the fruit of the vine' and o n e m a y use it t o w a s h his hands; t h e s e are the w o r d s of Rebbi Eliezer. But the S a g e s say, b o t h pure and m i x e d o n e says o v e r it 'Creator of the fruit of the v i n e ' and o n e m a y use it t o w a s h his hands 2 4 ." Rebbi A b b a said, it is n o t f o r b i d d e n b e c a u s e of w a s t i n g f o o d 2 5 . 19

P a r a l l e l t e x t s in

Tosephta

Yerushalmi has "one may", and "one

Berakhot 4:3 and Babli 50b.

may" w h e r e the Yerushalmi has "one

20

may not". In the Babli, all sources read

A heavy subtropical wine with an

a l c o h o l c o n t e n t of c l o s e to

15%,

"one may" the first and last time but in

unmixed with any water.

the second instance some manuscripts

21

R. Eliezer holds that no human

and authorities follow readings of the

will want to drink such a heavy dose of

Tosephta and some (Munich manuscript

alcohol or at least it is not admissible

and some M e d i e v a l a u t h o r i t i e s ) the

to have such unmixed wine at a formal

readings of the Yerushalmi.

dinner.

25

22

Hands must be washed with water

is a sin. It seems that the Yerushalmi

and w h i l e f r u i t j u i c e is c o n s i d e r e d

r e s t r i c t s t h e use of f r u i t j u i c e f o r

water, in the opinion of R. Eliezer pure

washing of t h e hands to t h e r i t u a l

wine is not.

washing before eating bread, since that

23

Standard mixing is one part wine

is part of the meal, but that washing

to t w o p a r t s w a t e r f o r an a l c o h o l

with f r u i t juice just f o r c l e a n s i n g is

content of about 5%, Mishnah

forbidden.

Niddah

The Gaonic

Halakhot

Gedolot explains that the prohibition of

2:7. 24

In general, wilful spoiling of food

All sources of the Tosephta read

e v e r y w h e r e "one may not" where t h e

the Sages (in the version of the Babli) refers to the sin of wasting food.

^ y n n ? N l i i i ^ y η η ί κ rr>\ ι>?ψ v q n IP ^ n

ow?

-13 n p y > >an

. p r r j j p N n j v m ^ m n v j n >3-1 > o i p HÙÙ - η N»>n

r n

462

CHAPTER SIX

i o >pn H i n -in H i

.mid ρ ι η ψ u ù ·)>?"! OD

' l ? N - m n o w Nin

ν ρ ι η φ ψ >3 ty ηκ o n a ^ r r i r ç -ΐΝψ κ η ·ρ?η

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu 2 6 : On olive oil one recites "Creator of the fruit of the tree." Rebbi Hiyya bar Pappus 27 said before Rebbi Zeïra: The Mishnah says so. "Except for wine because on wine one says 'Creator of the fruit of the vine'." Is wine not mashed 28 ? But it says only "except for wine", hence all other things even if they are mashed are recognizable in their state. 26

In the Babli (35b) this is a

statement of R. Yohanan.

The argu-

28

Grape juice is really pressed,

but so is olive oil, and only second and

ment of R. Hiyya bar Pappus is purely

third pressings of oil are from ground

Yerushalmi.

olives. In any case, wine goes through

27

a fermentation process and cannot be

An otherwise unknown Galilean

Amora.

In the Rome manuscript, his

name is Rebbi Hinena bar Pappus.

n>n? Ϊ3ΌΨ I ^ V i p i N in

r n -im

described as being "recognizable in its state."

Ρ ^ ψ p"V Ή Ρ Ν "ΡΓΡΠη ΪΜΏψ ON

.i-mi

Tlin?>

"ION N3N >3*1

DW?

í ^ l l

I j b n ^ ID^V IOÍN ipny) . n n i N n n ? Í O Í I ÍO^V

Ρ DO> N>sion Ί η ί Ν Nin n a n ϊχψ n a n ρ >ρη . ρ n - j r n N J ^ Ç I >υν o n i ^ n - ! ? : » -iNvy ν γ ι Jian ρ

^ ι η ηϊη

hò

.Νΐη ρ ι η ψ

,·)η Rebbi Abba

29

jiûî

twiîj

ν ρ ί η ^ ψ >? ϊχ <ÌN

said: Rav and Samuel both say, on cooked vegetable one

says "that everything was created by His word." Rebbi Zeïra in the name of Samuel: Large cooked 30 pieces of liftan3 Κ if they are recognizable one says on them "Creator of the fruit of the earth;" if one mashed them one says "He, by Whose word everything was created." Rebbi Yose said, does the Mishnah say so? "Except for bread because on bread one says 'He Who produces bread from the earth.'." Is bread not mashed 32 ? But it says

463

HALAKHAH1

o n l y " e x c e p t f o r bread", h e n c e all o t h e r things e v e n if t h e y a r e m a s h e d a r e r e c o g n i z a b l e in their state 3 3 .

29

In the Babli (38b), Samuel is said

to hold a d i f f e r e n t o p i n i o n .

the a b s e n c e

The

knives.)

of

tableware

except

M e a t was o n l y e a t e n

on

Galilean authorities quoted there are

special occasions, such as Sabbath,

those of the next paragraph.

holidays, visits of important p e o p l e ,

The

interpretations of Babli and Yerushalmi

and after bleeding.

differ.

32

30

one of the Seven Kinds.

ρ·Λ® "cooked in water" in contrast

Flour is ground ("mashed") grain,

to Vsnan "cooked in broth".

33

31

A s a plant, inoV means "beets", but

Abba is superior to that of Rebbi Zei'ra.

Hence, the statement of Rebbi

generally it means cooked vegetables

This conclusion is the opposite of that

served as main dish with bread (pitta

of the Babli.

bread to be used as f o r k and spoon in

>31

n a

-im

Ν - p a v ^ y i p i N v m s JI>Î i j n v > 3 1 o w a N I I - a N » n

>31

. i n a i a n > m ϊ ό η ψ v ï y i p i N ρ ι ΐ ? ψ p - v i j n v >31 0 ^ 3 n a > -»3 i n > ? 3 Ì73N

.Jl£>> 1 3

> 3 1 > N y > > t » ? NJV3J})3 p n * > 3*1 Ί 3

i r a i n > i > i o ? N 3 i > o "TN i n i j » V 3 o n Ν Ί Ί ->3 N>>n >3"! UNI N1Í3 rnpN^

V>Vì3J?

Ν " * ! VW 1 »:!?

p n v » 3 1 ·)»? y n y i o v i > I N ©

n o •)» Ν - τ η ρ

tìv"!

.nv> - o N>>n >3-»

no>ri v *

> 3 1 >3 > p i > > 3 1 i o n

.Nin i3>V3

>s ^

-ID V P ^ V

>3-? Ί>?Ν

VPixnvii

.nç^istn >1?

i s T j y >P ^

·)ΐ>? p i >

H i y y a b a r A b b a in t h e n a m e o f R e b b i Y o h a n a n :

" C r e a t o r o f the f r u i t o f the t r e e " o n m a r i n a t e d 3 5 o l i v e s . bar J e p h e t in t h e n a m e o f R e b b i Y o h a n a n :

rninri

n?î -V?»!?? n > ! i u n ,n?riy>?

34Rebbi

w

N>3*Ì3T 1331 ·)>>ηη

. · | η ι η n^\?3 l p l p y w "|V3 v p î ô I ^

η Ν >n

.noça

, n ? > -13 i n > ? 3 >3-1

i p - i 3 ) p i · ) » ρ ι η - η η V3V,}·) N J V > I 3 N > κ>η

>31

O n e says

Rebbi Benjamin

O n e says " B y W h o s e

word

464

CHAPTER SIX

everything was created 36 " on water-cooked vegetables. Rebbi Samuel bar Rav Isaac said: a Mishnah supports Rebbi Benjamin bar Yephet: (Pesahim 2:6) "but not marinated or cooked in water or cooked in broth 37 "; if they were recognizable in their state one could fulfill his duty with them on Passover. Rebbi Zeira said, who understands well what Rebbi Yohanan said, Rebbi Hiyya bar Abba or Rebbi Benjamin bar Yephet? Not Rebbi Hiyya bar Abba? 38 And in addition from the fact that we see great rabbis going to a mourner's meal, eat lupines 39 and recite on them "Creator of the fruit of the earth;" Are not lupines certainly cooked?

If you want,

you may say there is a difference, since the Torah said "bitter herbs", and cooked lupines have lost their bitterness.

Rebbi Yose ben Rebbi Abun

said, they 4 0 have no disagreement. Since olives usually are eaten fresh, they are recognizable in their state e v e n if they are marinated. Vegetables are changed once they are cooked 41 . 34

T h e e n t i r e p a r a g r a p h is also

more intensively than R. Benjamin bar

found in Pesahim 2:5. One word in the

Yephet.

current

conclusion of t h e Babli (38b).

text

has

been

corrected

This is t h e a r g u m e n t a n d The

following that Yerushalmi text.

refutation of Rebbi Zeïra's argument is

35

not in that Talmud.

This is the exact meaning of the

corresponding Arabic oaa.

39

36

cattle f e e d , too bitter f o r

T h e g e n e r a l b e n e d i c t i o n on

Greek θερμός. Raw lupines a r e human

everything not expressly mentioned in

consumption. They become edible only

the Mishnah.

a f t e r long cooking.

37

supports R. Hiyya bar Abba.

The Mishnah enumerates all herbs

w h i c h q u a l i f y as " b i t t e r h e r b s " on

40

Passover, adding that these herbs are

Benjamin bar Yephet.

not usable if cooked or marinated. The

41

This s t a t e m e n t

R. H i y y a b a r A b b a a n d R.

One must assume that roots of

implication is that after treatment they

lupine k e e p their s h a p e and g e n e r a l

are no longer herbs but general food.

appearance in cooking just as olives do.

38

The rule t h a t v e g e t a b l e s w h i c h a r e

R. Hiyya bar Abba studied much

465

HALAKHAH 1 inedible unless cooked r e q u i r e t h e

earth" is the opinion of Rav Hisda in

blessing "Creator of the f r u i t of the

the Babli {loc. cit.).

N > s i o n DON

42

N>PDÎ >3-Ι .1331) RPPOÍ >3*1 -PÎIPARW ΝΠΝ - Ο API»?

ΝΓΐΡ^!??

N>>J?N. ^ Ν Γ Ι

D 0 > N>SÍ0 >1>?N 133*1") .^"ΊΝΠ IP OL}!?

-«ON -ΤΠ >K»N ">3 ^ΝΊΟΨ >3-)"} PN^> -13 N » > N >3-1 TL?> .NPLLLÙ? 1 W N 3

n ç > ? >n? n v n > r n > n y N>n n a H1?

IÇN N ^ M

.rm>n n a NB

i o oç*!? N>3ion H y y \ >3-1 >nip n n ? r p p - p >3-1 . o n n wNh? >pN3 -13 •pnn n n ^ n

. n v m N >WN*Ì i-iy!? Ν ^ ψ ri>>?ç? >3-»? n o

>19 Ν 1 3 3 Ή " ρ η η π ^ϋ)

N">ian n>po?

.η>υ>ρ") >p r Nn n>rivi

Twn

Rebbi Jacob bar Aha: Rebbi Nehemiah and the rabbis disagree. Rebbi Nehemiah said: "Who produced bread from the earth." But the rabbis say, "Who produces bread f r o m the earth. 4 3 " This disagreement is like that riD^, Rebbi Hinena bar Isaac 4 4 and Rebbi Samuel bar

disagreement:

Immi 45 ; one said "lefet, was it not bread? 45 " and the other one said "lefet, will it not be bread"? (Ρ s. 72:16) "There will be a piece of flour on the land, on mountain tops. 47 " Rebbi Jeremiah recited before Rebbi Zeïra "Who produced bread f r o m the earth" and the latter praised him. Following Rebbi Nehemiah 4 8 ? Not to amalgamate the letters 49 ! If it is so, Π * ? Γ®·? 50?

In

the opinion of Rebbi Nehemiah 5 1 , "He W h o created the

fruit of the vine"; in the opinion of the rabbis "Who creates the fruit of the vine." 42

Reading of the Rome ms., Genizah

43

In the Babli (38a), the opinion

f r a g m e n t s , and the p a r a l l e l to t h i s

ascribed here to the rabbis is that of

paragraph in Midrash

Rebbi Nehemiah and vice versa.

Bereshit

rabba.

This

The Leyden ms. and Venice print have

eliminates the q u e s t i o n w h i c h t h e

|0Π3 31

Yerushalmi raises about the c u r r e n t

T h e name of an Amora is

impossible in a tannaitic disgreement.

text of the benediction. In the opinion

466

CHAPTER SIX

of the Babli, the p r e f e r r e d version (R.

until it is baked, this means that bread

Nehemiah here, the rabbis in the Babli)

will grow on mountain tops. This is a

t a k e s t h e p r e s e n t p a r t i c i p l e in an

homily of R. Y o h a n a n in

atemporal sense.

Tehillim

44

n a m e of s e v e r a l o t h e r A m o r a ï m in

A p r e a c h e r of the t h i r d gene-

Midrash

92(6), which a p p e a r s in t h e

ration of Galilean Amoraïm. The name

Babli Sabbat 30b, Ketubot 111b.

of his teacher is unknown.

48

45

m i n o r i t y of one, m u c h less to be

A Galilean Amora of the third

One is not supposed to follow a

g e n e r a t i o n w h o also a p p e a r s as R.

praised for it.

Samuel b a r Ammi.

49

His f a t h e r and

So that κ ' ϊ ί η nbivri should not be

father-in-law also were rabbis.

pronounced ha'ôlâmôzi,

46

said in two distinct words.

While the traditional vocalization

Since ρ

but clearly be

is rœV which corresponds to Arabic nnV

50

orrt a l s o h a s

two

"beets, kohlrabi", it is clear f r o m the

consecutive mem and could be r e a d

homilies that the vocalization was nsV.

together.

This is extended to ns kV "not bread"

posed h e r e m a k e s no sense; nobody

However, t h e c h a n g e pro-

since writing an aleph is optional in the

wants to p r o n o u n c e a m e a n i n g l e s s

spelling of the Yerushalmi. The entire

b e n e d i c t i o n t h a t would be close to

paragraph

blasphemy.

is c o p i e d

in

Midrash

T h e q u e s t i o n d o e s not

Bereshit rabba 15(8) to prove that the

merit an answer.

fruit of the tree that Adam and Eve ate

51

was bread.

only about the language for bread and

47

not for wine.

Since flour cannot f o r m a loaf

ΓΡ3>Ο

" η ι > ? ι Ν Ό ΐ η - η π i o n IHN

-p> ieri V~\W N » n >?->

One wonders why they disagree

ο?)3Π r i £ N

nn

. n ^ n ^ n i n v i yp?

ï o i y t >3-1 n o N .jiiî»?^ ΪΟΠ 0 1 3

Ν7Γ) N i l 1 3 Ν » Π >3") Ί 0 Ν

. t n Ì 3 ΝΙΠψ n ^ V ?

ΓΟ*)3>?

ÏOm

Î I H Ï ? 'TIN Hï

>ii?>y n D - i i j p i n » .n^nrin

invi

Π3Π ty 1>?"Ì3)P V N f Ô W V 2Ό)Ί

"Tía? DW i T ì i 3 ->9iì7 r j n s ττι> - α o i n p r i >3-» n ç ν

1ΓΙΝ TTJÎpïJl im

467

HALAKHAH 1

Rebbi Zeriqan said: Rebbi Zeïra asked: H e w h o t o o k a lupine and w a s reciting t h e b e n e d i c t i o n o v e r it w h e n it fell f r o m his hand, d o e s he h a v e t o recite a s e c o n d b e n e d i c t i o n 5 2 ?

W h a t is the d i f f e r e n c e b e t w e e n that and a

53

w a t e r c a n a l ? T h e y said, there he intended it f r o m the start, but h e r e h e did n o t i n t e n d it f r o m t h e start.

Rebbi H i y y a stated:

benediction o n bread o n l y w h e n o n e b r e a k s it 5 4 . said:

One recites the

R e b b i H i y y a bar A b b a

This m e a n s that he w h o t o o k a l o a f 5 5 and p r o n o u n c e d

the

b e n e d i c t i o n o n it b e f o r e it c a m e t o his h a n d , m u s t r e c i t e a s e c o n d benediction. Rebbi T a n h u m bar Y u d a n 5 6 said, he must say "Praised be t h e N a m e of t h e G l o r y of H i s k i n g d o m f o r e v e r and ever," in o r d e r n o t t o utter the N a m e of H e a v e n in vain 5 7 .

52

Since t h e c o o k e d l u p i n e root

Rava who requires that the benediction

becomes inedible when it falls into the

be completely recited before one starts

dust, he has to take another one, not

to break the bread.

the one for which the benediction was

55

intended.

designates a pittah; Vu'y h e r e is a loaf

53

S i n c e o n e has to say

the

The usual expression ns for bread

of bread; it might be a round cake of

benediction on water b e f o r e one starts

pressed figs.

to drink, the water drops one d r i n k s

copies the passage ( C h a p t e r 6, #20)

a r e not those that w e r e in t h e same

which has kVj« "a radish" instead of "a

place at the moment of the benediction.

loaf".

54

copyist's error.

T h e f o r m u l a t i o n in the Babli

( 3 9 a ) is:

Rebbi Hiyya said,

the

benediction and the b r e a k i n g of t h e

56

R. A s h e r ben Y e h i e l

T h a t r e a d i n g seems to be a

A Galilean Amora whose time

cannot be determined.

bread must be finished simultaneously.

57

This is accepted practice in the Yeru-

R. Simeon ben Laqish in t h e Babli

shalmi, but is rejected in the Babli in

(33a), any unnecessary benediction is a

favor of a ruling of t h e much later,

violation of the Fifth Commandment.

fourth generation Babylonian A m o r a

By a statement of R. Yohanan and

468

CHAPTER SIX

nina

Ninni . r m ? m - i m *τη í o o ra-η ι ο ? η 1 1 *®

TV

Ì'PID-! i n n I P Î I H » ?

- i p i N y - t o >3Τ) V^DN ν^Ψ"^?·)

mTnr)5

.tm?? n n ?

,n>t3 ->»7 î m ç ^"ì

.n>ì?p Irina

Λ 1 Ν Π i o O p > N>i
n i n a n n l W T i r j Λ1ί<η i n o q > N>*ian v í a > "ipiN v * s w a n

V 3 3 > njpN 1 » N ^ n n y o

.nirn?

V3>an

VI t ON> -IBÍN ρ κ n q

ν^Ψ nnsn

-ΙΠΝ ΝΠΝ n i 2 p y > >31 . γ ΐ κ η ρ

οι#

58

How far may he break ? Rebbi Hinena and Rebbi Mana, one says down to the size of an olive, the other says even smaller than the size of an olive. He who says down to the size of an olive, as it is stated "all59 are crumbled into olive-size pieces." He who says, smaller than the size of an olive: "Rebbi Ismael stated, even if he reduced it 60 to its original form of fine flour."

It has been stated 6 1 :

"On everything that needs three

benedictions at the end one says 'He Who produces bread f r o m the earth' at the start, but on everything that does not need three benedictions at the end one does not say 'He Who produces bread from the earth' at the start." They objected: But if it is less than the size of an olive, one does not say three benedictions at the end. Does this mean that one should not say "He Who produces bread from the earth" at the start? Rebbi Jacob bar Aha said, it is needed for other kinds 62 . 58

T h e r e are two

connected

dictions), what is the minimal size of a

problems here. The first one, what is

piece of bread that every participant

the minimum size of a piece of bread

has to r e c e i v e and eat a f t e r

(or any other food) that requires a

benediction. For Grace after meals, the

the

benediction beforehand; the second, if

situation is clear.

one person makes a benediction over

from the Torah (Deut. 8:10) is "when

The requirement

bread for an entire company (with the

you will have e a t e n and w i l l

other participants answering "Amen"

satiated then you must praise the

instead of reciting their own bene-

Eternal . . ."; the Biblical obligation

be

469

HALAKHAH1 applies only a f t e r a f u l l meal.

The

pieces of bread in cereal or soup be so

rabbinic obligation explicitly applies to

that it still falls under the category of

food that fills at least the volume of an

bread rather than cereal or soup?

olive; smaller amounts do not require

59

G r a c e and, a c c o r d i n g t h e p r e c e d i n g

7:4 that all flour offerings prepared in

paragraph, one may not recite G r a c e

a vessel ( b a k e d or f r i e d ) must b e

f o r such minute amounts.

But since

broken into pieces before a handful of

b e n e d i c t i o n s b e f o r e e a t i n g a r e all

them is burned on the altar. T h e r e a r e

rabbinic institutions, t h e p r o b l e m is

two opinions on the size of admissible

whether food in an amount less than

pieces (also reported Babli

the volume of an average olive must

37a).

(or may) have a benediction and, if a

60

The baked or fried flour-offering.

benediction is recited on a larger loaf,

61

The first half of this statement

whether t h e piece eaten immediately

appears in Tosephta Berakhot 4:7.

after the recitation of the benediction

62

must be the size of an olive or not.

size, but to kinds of food; if it is not

The Babli (37b) has another angle to the problem.

Since b r e a d

This r e f e r s to Mishnah

Menahot

Berakhot

The statement does not r e f e r to

bread it does not r e c e i v e the bene-

has a

diction for bread. Hence, no conclusion

separate benediction f r o m cereal and

as to the correct practice can be drawn.

cakes, how small may the recognizable

. ^ i i ç n oiv\?»V a n -ιχπ n o ioiD inisi i m

p>? no

cnvv>> V ^ O B ì > a i o j p m . . r m w HÏV) >a yviiin>

Rebbi Abba in the name of Rav:

«jn n n inîs

M^N

r n

i j p N >i> •)? y w i n > ypipt obis

Those assembled may not taste

anything before the one who recited the benediction did taste.

Rebbi

Joshua ben Levi said: They may drink even if he did not drink. Do they disagree? Rav said in case all need the same loaf 6 3 but Rebbi Joshua said when each one had his own cup in his hand. 63

Which is the normal case if there

own glass that was filled b e f o r e h a n d .

is a real loaf of bread and not pittot.

T h e q u e s t i o n w h e t h e r t h e one who

But wine everybody d r i n k s f r o m his

recites the benediction should eat first

470

CHAPTER SIX

and then distribute the bread or vice

is e x p l a i n e d t h a t Diyo^ "to t a s t e " ,

versa is addressed in t h e next para-

usually applied to drinking, here means

graph. [The parallel in the Babli (47a)

"eating"

has only the statement of Rav; there it

Yerushalmi.]

>»!? iN ill!? - m 3 it? ptorò ηρ τ ON N^N n>>N>py>a o > y \ ? π ΐ Γ ) > s p Dir) τ ? a i

as

is

clear

from

the

ν η o y i s -papo

. r n ? n w * i n r n i n a lag)? ! ? v t w

o w n ia VN -ρ-αι at> rjnai no -»07 ihn "mon njìd a i ,n>pp>i . r m ? p o p o o w n i n ν)? w n i n ! ? N i p O N a n It has b e e n stated:

.ro-α

ρρ?ο

The o n e w h o recited the benediction takes first64

but if h e w a n t s t o h o n o r his t e a c h e r or s o m e o n e w h o is g r e a t e r t h a n h i m s e l f in T o r a h , h e has t h e right t o d o so.

W h e n Rav was breaking

bread h e w a s e a t i n g w i t h his l e f t h a n d and d i s t r i b u t i n g w i t h h i s r i g h t hand 6 5 . R a v H u n a said: "Take and recite a benediction, t a k e and r e c i t e a benediction" is not an interruption f o r the b e n e d i c t i o n 6 6 ; "give h a y t o t h e oxen" is an interruption f o r the benediction 6 7 . 64

From the food on his plate (Babli

47a).

benediction in order to eat. 67

In t h e Babli (40a) this is t h e

To minimize the time between the

o p i n i o n of R. Y o h a n a n (i. e., t h e

benediction and the actual e a t i n g by

Yerushalmi), but there practice follows

the other participants in the meal.

R. Sheshet w h o q u o t e s Rav to t h e

66

effect that nobody may eat as long as

65

Since it is needed f o r the other

person's benediction, it will not cause

his animals a r e hungry; h e n c e , t h e

the person who made the

order to f e e d the oxen is a necessary

original

benediction to forget that he made the

step in preparing to eat.

V ^ V *ìOÌN (fol. 10b) Ν 3 ΐ ρ > η ψ N J n i ö Ν7Γ)ί N 3 V J W N i n *10N Ν31Π a*i .inaia Rab H u n a said:

O n shatita68,

w h i c h is g r o u n d moretum,

"that e v e r y t h i n g w a s created b y His word".

n^i o n e recites

471

HALAKHAH1 68

The Aramaic shatita is the same

as Latin moretum,

a dish m a d e by

Huna applies only to watery

moretum.

This and the following rule are placed

or

here to collect all formal statements of

pounded roasted pea meal with water

Rav Huna on benedictions for food.

or vinegar (and other ingredients.) Its

[An intermediate between sëtîtà

preparation is described in the Babli

moretum may be Greek μυττωτός "dish

Avodah zarah 36b and in great detail in

composed of pounded ingredients", title

the poem Moretum

of a poem by Virgil's t e a c h e r Par-

mixing p o u n d e d r o a s t e d

flour

in

Appendix

Vergiliana [cf. E. and H. Guggenheimer,

thenios and model of Virgil's

MJiwV vol. 36 (5733) pp. 105-112],

(E. G.).]

In

and

moretum

the Babli (Berakhot 31a), the rule of R.

v j j ON r j v a >?*) >5 > ρ ν ονη-^3

>inìp n ç

ro\{>i v a

^ϊ)

- α ρ η * > >3-1 . Ή ! ? ! ?

>fl Ν>ο>

R a v H u n a said:

αϊ νη

on

^»ÛN i j n v r n o w ? ÌÌIN

If o n e put s o m e t h i n g into his m o u t h and f o r g o t t o

recite the benediction, if it is fluid he spits it out, if it is f o o d he puts it to o n e side 6 9 . Rebbi Isaac bar Mari 7 0 before Rebbi Y o s e ben Rebbi A b u n in the n a m e of Rebbi Y o h a n a n e v e n if it is f o o d he t a k e s it out since it is written ( Ρ s. 71:8) "May m y mouth be full of Your praise 7 2 , all day l o n g of Your glory." 69

In the Babli (50b-51a), Rav

problems must be taken out. While the

Yehudah, a student of Rav but mainly

Yerushalmi states a clear d i f f e r e n c e

of Samuel, has three categories: Fluids

between

he swallows, food that can be taken out

practice, the Babli harmonizes both

he t a k e s out, food that one cannot

practices.

touch once it is in the mouth he puts

70

into one cheek. In the Babli, the verse

the Babli (loc. cit.) he is called ρ η ϊ ' '3η

Babylonian

and

Israeli

His name appears only here.

In

of R. Yohanan is quoted to prove that

nKBgog , cf. Latin cascus

food which can be taken out without

fashioned" (E. G.). [The word o'opop

"old, old-

472

CHAPTER SIX

that a p p e a r s in Tosephta and Babli is

clumps of earth or stones hewn f r o m a

e x p l a i n e d by Rashi as w e e d s , by S.

rock.]

Lieberman as rock outcrops in a field,

71

f r o m 0'iBj7Wj7 "fins", by J. L e v y as

and half of praise.

l E Í ? ί ' ρ ψ α ι ·)>»3Ν inr)N>

It should not be half full of food

>?>p Ν Ί ί η ·)η>>ν -MOÌN o > \ ? » n n JIÍ< o o i s n >(*wn i o o ç > N ^ i n n

ioìn nio^p

η ί α ρ ι n i i i t > ? >3>o N * ) i 3 I D ^ Ì I - i p i N

nitm«>n$

n i o n a n ν « ON

" p a n > : n >a > p v >3*i n i c m ? ΝΙΠ> n » ? ny

.niana

π η Ν riDna v n r i N

.o>Jin? IV α τ οψ·ι n>?>o 1 3 i o r p H e w h o c h e w s w h e a t kernels says o n t h e m "Creator of k i n d s o f seeds." If h e baked or c o o k e d t h e m , as long as pieces are r e c o g n i z a b l e h e r e c i t e s o n t h e m "He W h o produces bread f r o m t h e earth" and a f t e r w a r d s t h r e e benedictions.

If t h e p i e c e s are n o t r e c o g n i z a b l e , he r e c i t e s "Creator of three72.

k i n d s of f o o d " and a f t e r w a r d s o n e b e n e d i c t i o n in t h e k i n d o f D o w n t o w h i c h s i z e are t h e r e p i e c e s ?

R e b b i Y o s e bar R e b b i

Abun,

Cahana bar M a l k i a h 7 3 in the n a m e of Rav: d o w n t o o l i v e - s i z e d bits. 72

This t e x t is also in T o s e p h t a

Rav is q u o t e d by R e b b i

Jeremiah.

Berakhot 4:6. It is quoted in Babli 37a

H e n c e , his t i m e h a s t o b e

where, however, the formula "Creator

between Rav and t h e e m i g r a t i o n of

of k i n d s of s e e d s " is r e p l a c e d

Rebbi Jeremiah f r o m Babylonia.

by

fixed

The

"Creator of the fruit of the earth" since

statement here is not identical with the

t h e Babli d o e s not r e c o g n i z e

earlier one that dealt with p i e c e s of

any

benediction for produce not mentioned

b r e a d e a t e n by t h e m s e l v e s .

by the majority opinion in the Mishnah.

interpretation of Tosaphot (37b), his

73

statement is rejected by the Babli.

Rav Cahana bar Malkio in t h e

In t h e

Babli, whose quote of a statement of

>3 b y «IN i ^ h i I » ? N

. o ' i i v r t >3>o N i i a v t y i n i N η , ί Ν Π m * t r o t e n

ι η τ Γ ) Ν r j n s ύ>Ν·) J i ú t t » ?

ΝΎΠ v ï y i n w

JIÍO»¡? η ί ο η ρ η ψ

473

HALAKHAH1

> j p i p i ι ο ι ν * >η·ι > n i p -j-n:i r o n p i ?

n o - m n > 1 ? N - i i a - v o h n>p-)? >3*1

ψ r ? N*)i3 ί ο ί ν n p p p ή ν ρ ψ >31 .ί">373 J i ú i t í ? >3>n Κ Ί ί ι ΐ ζ π i n o ynia

ÌJbny N a y -13 N » n

N ^ t · ρ ΐ Ν >3*i >3 >pi> >3·) ί π ν

. - p - 1 3 7 N ì n n 3 η ρ ι κ η >-19 N " m - 1 5 7 i n ö

N ì n n 3 O>37Î»Ç wr?

loia

inb

.ρ^νΐ

ί ί

.ουίίΐη

, ! m *t>3H

νιππ3

«17103 .ηηνπ

He w h o chews rice 7 4 says f o r it: "Creator of kinds of seeds."

If he

baked or cooked it, even if there are recognizable pieces he says f o r it: "Creator of kinds of food" and he does not have to recite a benediction afterwards 7 5 . Rebbi Jeremiah said, "Creator of the fruit of the earth." Bar Marina recited before Rebbi Zeïra and Rebbi Hiyya bar Abba "By W h o s e word everything was created. 76 " Rebbi Simeon the pious said "Creator of all sorts of delicacies." Rebbi Yose bar Rebbi Abun said: They do not disagree. He who says "Creator of kinds of food", if he made it into a ball. He who said "Creator of the fruit of the earth", if it is separated 7 7 .

He

w h o said "By W h o s e word everything was created", if it is c o o k e d in water a long time 7 8 . He who said "Creator of all sorts of delicacies", if it is torn 7 9 . 74 75

Greek όρυζα. Tosephta Berakhot

77 4:7.

Rebbi

If the individual kernels are still

recognizable, in contrast to the ball

Jeremiah quotes the T o s e p h t a in the

(Latin bulla)

Babli (37a) which also disagrees about

kernels are visible.

the concluding benediction.

The next

78

paragraph w i l l s h o w that "no b e n e -

79

diction afterwards" really m e a n s "no

product w i t h s p i c e s , e x c e p t

lengthy benediction afterwards", only

grains.

the short form.

different benedictions for different

76

cases.]

From their silence one may infer

that they agreed.

in w h i c h no i n d i v i d u a l

If it is a mash. If one bakes any kind of rice whole

[The Babli d o e s not a d m i t

474

CHAPTER SIX

>3>0 Í 0 3

7ψΝ1 N 7 > p Q P V P V bü}

T h a t is b e f o r e h a n d .

D W ? H3V >3"! η ί Ρ 3 ï y * ΠΓΙΝ r j v n

·Π£>η^3

w?? i n s

7Ü o>37vn

A f t e r w a r d s , R e b b i J o n a h in t h e n a m e o f R e b b i

S i m e o n t h e pious: " H e W h o c r e a t e d all s o r t s o f d e l i c a c i e s t o delight w i t h t h e m the souls of all living.

P r a i s e t o Y o u , E t e r n a l , f o r t h e L a n d a n d its

delicacies." 8 0 80

It is i m p l i e d that t h e

four

corresponding

intial

benediction.

admissible benedictions for baked or

[Again, the Babli has only one form of

cooked rice (and all other food not

the short final b e n e d i c t i o n , the one

covered o t h e r w i s e ) requires a final

given in the Yerushalmi lor meat.]

benediction

adapted

to

the

ΓΡΠ D 3 > 3 IN 7 ^ 3 bDÍN ΓΡΓΙψ? >37 N 3 Ì 7 p n S > > 3 1 0 W 3 3 p V 2 7 3 N 3 N >37 ,ο>η!?ύ>π >n >'> n m

-p73

,>n

v)?? ^ 3 n i > D n > n i 3 7 J i w a j N 7 i 3 7 » ì n

Rebbi A b b a bar J a c o b in the n a m e o f t h e g r e a t R e b b i I s a a c 8 1 :

When

Rebbi w a s eating m e a t o r an egg he used t o say: " C r e a t o r o f m a n y living things t o sustain with t h e m all living souls.

Praise t o Y o u , E t e r n a l , L i f e o f

the w o r l d s . 8 2 81

He is Rebbi Isaac (Nappaha),

Amora of the second generation.

His

include the doxology without invoking the Name, cf. Tosaphot 37a, s. v. m i a . ]

formula is quoted in the Babli (37a) for

82

cooked c e r e a l but without the final

(rejected by Maimonides), the trans-

doxology.

lation would be: "Eternally living."

[ C u r r e n t p r a c t i c e is to

> o v >37 3 > n n

If the vocalization is n'oVivn 'Π

. n i v y s ? >?>» N 7 i 3 » a n > 3 7 7 ç n n £ > n r i 3

n > r p b D n w 7>piN N i n n t t r n a n

>>3ύη .Nin

. η ί ο ? irr:? l y

pipino ï y v»?

nîvmiç Pini

.17373

475

HALAKHAH 1

That is at the end. At the start? Rebbi Haggai said: "Creator of kinds of living things."

Rebbi Yose o b j e c t e d , does not the Mishnah (6:4)

disagree? "On vinegar, on locusts, and on fallen fruits he says: "By W h o s e word everything was created." And is a locust not a living thing 8 3 ? The Mishnah states explicitly that

(edible) locusts are a scourge and the

"on everything that is not growing from

emphasis is that nevertheless they need

the earth one says 'By Whose word

a benediction if roasted and eaten.

everything was created.'" The mention

Hence, the statement of Rebbi Haggai

of vinegar (soured wine) and fallen

has no justification.

fruits is meant to show that e v e n

Aramaic, "living" a p p l i e s only

produce that has b e c o m e

animals but not to plants.

83

w o r t h l e s s needs this

τη »arii

almost

In Hebrew and

benediction;

lai?

>117·) u - p f o ' p n -pypw >i*yy N > m

V a n i^N"! y a y "pnn N i n u r t o i w i m "tèi envm - i n w r m n > ^ΗΟίΦ I^T i n V P P

ÏÏ129 1 W ί^Νψ-!??!

.nnN n a n ? o n p i N D>03ni

The statement of Rebbi Simeon the p i o u s Rebbi

rpny

Ί Π l >r ? F I

ΙΐΠ

. nτ n n x ! ? ι Ο ι : nτ o?oτ i :j o n n i N o>»Dm . í nτn- N i n v jτaτi ?s i · n·· τ ns n o w · τ : - :

85

to

ìwìm . . . . .

84

t u r n s out like that of

86

"The

and both of them like Rabban Gamliel , as it was stated:

following is the principle: Rebbi Yehudah said in the name of Rabban Gamliel that on everything that is of the Seven Kinds but is not flour, or f l o u r 8 7 but not baked as bread, Rabban Gamliel says that he recites a f t e r w a r d s t h r e e benedictions; but the Sages say, one benediction.

On

everything that is neither f r o m the Seven Kinds nor a kind of flour, Rabban Gamliel says he recites benedictions b e f o r e and a f t e r , but the sages say before, but not after 8 8 ."

476 84

CHAPTER SIX He requires a formal "benediction

87

Including grain flour that is not

in the kind of three" for delicacies

enumerated in the verse, e. g., rye and

made from any kind of flour. We now

spelt.

return to the main topic after the

88

digression about non-vegetable food.

living things" without the final doxo-

85

logy; it is not considered a formal

He requires a final doxology from

Meaning "Creator of all kinds of

"Creator of many living things."

benediction.

86

and Rebbi follow Rabban Gamliel who

The second statement of his is in

Tosephta Berakhot

4:7. The first part

of this Tosephta is quoted in Babli 37a.

no>>n

Rebbi Simeon the Pious

in this case does not spell out which benediction he requires at the end.

n>it? v v ? ΝΊΠ\{τ!?3 ίθ>?η >a*i o ^ a >*T>N na api»? >a-)

h o n γ ρ ί ? η η η κ > - p i p i r m i t p >?>n N*iia

i o ì n V ^ P O ηψηηηι

->ON

η ψ ρ η ρ Ú>N·) no>>o

y-ρ K M

η>> ìiDpN·) >Ν3> >a-i i m i y ^ N I Î N - v y *

>ai

.i-aia

n!? p m >oi>

VV? Nin^-bD")

xiïy

wü?

π ^ ψ n j v >a->

ϊ ό η ψ N-iaritpo >t>i> > a i -«on ."p-p >o ,n>> IvvpN n o -ion

.naioa

ino

. n > >N7 no*ii* n>> .>toi> ρ

p i n >ya η>>ρη? n>p-i> >3-1 !??n

Rebbi Jacob bar Idi in the name of Rebbi Hanina: Everything that is cereal and like dough put in boiling water and is of the Five Kinds 89 , over it one says "Creator of kinds of foods", and one recites after it one benediction imitating three. And everything that is cereal and like dough put in boiling water, but is not of the Five Kinds, Rebbi Jonah said that Rebbi Zeira sent to those of the Yeshivah of Rebbi Yannai 90 and they told him, but I do not know what they told him. What is it? Rebbi Yose said, it is reasonable to assume "That everything was created by His word. 91 " Rebbi Jeremiah inquired: He who ate cereal, what does he recite at the end 93 ?

Rebbi Yose said, and therefore Rebbi Jeremiah never ate any

cereal 94 . That is the only one thing about which he was in doubt 95 .

477

HALAKHAH 1 89

The f i v e kinds of flour that a r e

a d m i s s i b l e f o r matzot

91

The catch-all f o r all f o o d not

covered by anything else and that will

on P a s s o v e r

because they can become sour: Wheat,

allow one to eat all foods.

barley, oats, rye, and spelt. Only these

93

produce bread that needs f u l l G r a c e

or "Creator of many living things."

and pastries that need "one benediction

94

imitating t h r e e (or, in our text today,

by the benediction over bread at t h e

f o u r ) b e n e d i c t i o n s , " i. e., its

start and Grace afterwards.

text

contains one sentence e a c h f o r e a c h

"One benediction imitating three"

Except in a meal that was covered

95

toux, a technical expression,

benediction of full Grace.

f r e q u e n t in t h e Y e r u s h a l m i in t h i s

90

sense, and d i f f i c u l t to

Still existing two generations after

verbally.

the death of Rebbi Yannai.

ν ί ΐ ψ o v i p a r i >3JTT ïy

.o>>yi£>

jvvyj

roiwío ro-n

Λ*!*?

ο τ ή η NID

ì-m n r ) jvan ^ya o y

ín y n y p a iny pwiy v n o n ΐ η κ Ji>:n

translate

,><ίνγι

pvny

ν ο ί ή η ι >Qi
, y a - ) N v p - i i p i!?n n r i l o ç y

J i ? a n !?ya η > η ψ .rcrn yaoo? rö

W h y d o e s o n e f i n i s h 9 6 with "the Land"? It is similar t o G r a c e f o r d a y laborers.

A s has b e e n stated 9 7 : "Workers w h o w e r e d o i n g w o r k w i t h t h e

o w n e r s h a l l r e c i t e t h e f i r s t b e n e d i c t i o n , i n c l u d e J e r u s a l e m in b e n e d i c t i o n f o r t h e L a n d and f i n i s h w i t h 'the Land.' w o r k i n g f o r their f o o d

98

the

But if t h e y w e r e

or if t h e e m p l o y e r w a s e a t i n g w i t h t h e m , t h e n

t h e y recite f o u r benedictions." In the school of Rebbi Yannai t h e y t r e a t e d it as a f o r m u l a of benediction 9 9 .

96

The "benediction imitating three"

Jerusalem (and adds a sentence for the

is recited f o r wine, the Seven Fruits,

Rabbinic fourth benediction of Grace,

and b a k e d goods o t h e r than b r e a d .

praising God as source of all good.)

That benediction first gives praise for

The question is why only the first two

the food, then for the Land of Israel,

themes a r e repeated at the end since

then prays for the rebuilding

the final doxology reads in all cases:

of

478

CHAPTER SIX

"Praise to You, Eternal, f o r the Land

God should

and . . . ( h e r e t h e s p e c i f i c f o o d is

employer except f o r t h e legal mini-

named)."

mum.

97

98

Tosephta Berakhot 5:24, Babli 16a.

not

be paid

by

the

Without any cash payments the

Day laborers who are paid by the hour

employer is legally r e q u i r e d to give

and w h o s e l u n c h b r e a k c o u n t s as

them time for full standard Grace.

worked time h a v e t h e o b l i g a t i o n to

99

spend as little time as possible on their

"benediction imitating three" and did

lunch and, in any case, their worship of

not tolerate any deviation.

ΓΡΠ Í O > W >3"i i O > » { -13 N 3 N »3*1 *1ÇN

They formulated the fixed

.V*1ÍN)pn VÜO r l 3 *ί>3ΐΓΐ!? 1712

r ö v i m t w i n n>>p-¡? >3-1 - i m

.yniNpn p y o

ra w n > p WN

Does one have to mention in it the occasion 1 0 0 ?

Rebbi Abba bar

Zamina said that Rebbi Zeira used to mention the occasion in it. Rebbi Jeremiah said: Since Rebbi Zeira took notice of it, so we have to take notice 101 . 100

Sabbath and holidays.

Does one have to mention t h e

(This

was

Sabbath, holidays, and the days of the

adopted as formal practice by Maimon-

New Moon in t h e " b e n e d i c t i o n imi-

ides from the Yerushalmi, cf. Babli 39a,

tating three"?

Tosaphot s. v. fyn bv).

101

H e n c e , o n e has t o

ji>3n

ty

n>p>«rt V p p ^ R

i p i N ΓΡ3η nona

mention

."in^en ρ

ηιο>νή V P P ^ Í ? ."|>\?n

nal ΐ η ί ν ψ na p o n κ ψ Hin

κ ι π ψ ? Ί Π Α ϊ χ V?"!3>? >?ri n o n a

1

->niN " ρ - ή ν ψ η? » V V w n a .pon ϊψ n o n a o

.-ppptepn ^ .nun ϊ χ ι

by -içîn ο η ί ν ψ

na> v ç p w ï y Ν ^ Γ «

, ρ - ι ί ν ψ ty ^

"»pw

ìy

ty

o>\?n

-IOÍN

i w s

7ΪΤ1> > 3 1 7

>3-1 Ό ψ ί Ν Π Ν 1 3 3pV> >3"! . Π ^ Ψ V P » 1>Ν W) Π ^ Ψ

πνιοό na

.:ρ.3>3 N Ì D v ^ y r i ^ v y ν » η 1D>?>a w> O N -IÇN r m > >3-17 Ν>Π

479

HALAKHAH1

J191 ΠΝονρ n>>î?? n s .rmnvpn ï y doìn *vjn niì i ? ν>>π >ι-| m i n o jisì ί^ιη rrç>N ϊ χ ΝΠΝ

DW? Ν Ι Ν i l Ν»Π

τηίηο

It has been stated 102 : "One recites the benediction on the better kind of flour.

Rolls 1 0 3 and a full home baked loaf, one recites over a roll.

A

broken roll and a full home baked loaf, one recites on the full h o m e baked loaf. Wheat bread and barley bread, one recites on wheat bread. A broken loaf of wheat bread and a full loaf of barley bread, one recites on the broken wheat bread.

Barley bread and spelt bread, one recites on

barley bread. But is not spelt bread better? But this is from one of the Seven Kinds, that one is not of the Seven Kinds." Rebbi Jacob bar Aha in the name of Rebbi Zeira:

This is f r o m Rebbi Yehudah, since Rebbi

Yehudah said (Mishnah 4), "if there is 1 0 4 among them a fruit of the Seven Kinds, on it he recites the benediction."

Impure bread and pure bread,

Rebbi Hiyya bar Abba said, he recites on the pure one 1 0 5 .

Impure white

bread and pure coarse 1 0 6 bread, Rebbi Hiyya bar Ada in ihe name of Rebbi Aha: He may recite on the one that he prefers 107 . 102

Tosephta Berakhot 4:15; a small

without additional benediction.

The

part of it is quoted in Babli 39b as

sages opposing Rebbi Yehudah assert

statement of Amorai'm. The problem is

that one makes the benediction over

that only the first bread of a meal

the fruit (or here, bread) one prefers,

needs a benediction; all other foods of

to let God's praise come f r o m a full

that meal can then be eaten without

heart.

additional benedictions. The food that

the Sages but the Yerushalmi follows

is chosen for benediction should be

Rebbi Yehudah.

distinguished.

105

The Babli in practice follows

In the time of Rebbi Hiyya bar

103

Greek, singular κόλλιξ, "roll".

Abba, this was a theoretical question

104

On a f r u i t plate; o n e has to

only, since at that time nobody was

choose one f r u i t to eat f i r s t f o r a

free from the impurity associated with

benediction, on the strength of which

the dead. It must be assumed that the

one may then e a t all o t h e r f r u i t s

food in question is secular and impure

480

CHAPTER SIX

by transfer from something that is the

Greek κυρηβία, τά (plur.) "bran, shells

s o u r c e of i m p u r i t y ; in t h a t c a s e , it

of grain kernels," Krauss and Low f r o m

cannot pollute the person who touches

cibarius (panis) "coarse bread."

and eats it with due care.

107

106

bad qualities.

Levy d e c l a r e s it to be f r o m

Nari ,o>NW7

Since e a c h one has good and

n ? í o i a v b y - i o í n b í o n y o ^ ? ν π ν n a i p v î >3") N * ì ì p Niia

>3¡n

Π)3>>ΠΓΙ1

. ì i a i ? n>r>3 bbrrç» ì w y

>3>>? 1Π l ^ N ) >ÌÌ7>V

i?

N n ^ n

N>VVÌN

NJVW8

.TONn") ^ W f r j ì Y o u n g p a l m shoots.

Rebbi Jacob bar A h a in t h e n a m e of S a m u e l :

He

recites o n it "Creator of the fruit of the tree 1 0 8 ." Rebbi H a l a p h t a b e n Saul stated, "By W h o s e w o r d e v e r y t h i n g w a s created 1 0 9 ." R e b b i J o s h u a stated: "Creator of kinds of grasses. 1 1 0 " T h e baraita

of Rebbi O s h a i a h d i s a g r e e s :

"The f o l l o w i n g a r e t h e k i n d s o f g r a s s e s : a r t i c h o k e 1 1 1 , demua113,

108

halimah112,

and l y c i u m 1 1 4 .

In the Babli (36a), the opinion of

variety of formulas of b e n e d i c t i o n s ,

Rav Yehudah, accepted by his teacher

since young palm shoots cannot qualify

Samuel, is to say "Creator of the f r u i t

as grasses. As the following list shows,

of t h e earth" since it is a v e g e t a b l e

thistles and thorny plants may q u a l i f y

growth but cannot qualify as "fruit" of

as grasses. While it is clear that in t h e Babli

the tree, since it will turn into inedible wood.

mip means "heart of the palm", in the

109

statement of R. Joshua t h e word might

This is the original opinion of

Samuel in t h e Babli, s i n c e n o b o d y

r e f e r to A r a b i c

rn¡?

"cardamine,

grows date palms f o r the f e w shoots

meadow cress"

one can eat each spring. Hence, it does

111

Greek κυνάρα, κινάρα.

not qualify as "fruit" of anything.

112

This plant is d e f i n e d by Arukh,

110

This is t h e only g e n u i n l y old

the talmudic dictionary of 11th cent. R.

tradition quoted, but it is rejected even

Nathan of Rome, as mallow or o k r a .

by t h e Y e r u s h a l m i w h i c h a d m i t s a

However, the Syriac dictionaries define

4SI

HALAKHAH 2 the word as equivalent of

Latin

dictionaries as "seemingly the name of

anchusa, "ox tongue".

a plant."

113

IIS

An otherwise unknown grassy

plant; the corresponding Arabic word

A spiny plant frequent in the

Jordan valley.

£U> is explained in classical Arabic

nipiNij n v v a i y

n ç i N î j n a N - m ΐ ^ κ η Tii"»»a .ny> ï ï m

ON

1Τ3 λ mva

Î7J/1

Mishnah 2: If he pronounced the benediction "Creator of the fruit of the soil" on fruits of the tree, he has fulfilled his obligation, on fruits of the soil "Creator of the fruit of the tree", he has not fulfilled his obligation. On all of them if he pronounced "everything was created 1 1 6 ", he has fulfilled his obligation. 116

"By Whose word everything was

created."

W h i l e this is not the

preferred benediction, the statement is true and therefore admissible.

*T»AI¡ RRÇV RI-Π WN RM> >3-17 ΝΠΝ -O APY? ^ Ί OW? Η>Ρ^Η >A-) Λ NAIN l ^ f t n Jii*v3 N>n !?3γι η . α ι >pi> >3-1

. o y j p s n w ^ N n TIN

IP >pn ION Ν31Π n i .·χνη JIÍ-P3 Λ ? ? n n i N n rn-va I>NI r i n i N n Jii*v3 >1? » o i a -iniN Nin i>»n bvw i?»n i n >pn ρ r n m n j v m t o .1190 i n i i>»n Λ Ι Ν η i>? o o > N ^ i n r i -iniN n ì d n g n tyy n§ri m >pn .i?an Halakhah 2: Rebbi Hizqiah in the name of Rebbi Jacob bar Aha: This is Rebbi Yehuda's since Rebbi Yehudah makes trees like straws 1 1 7 . Rebbi Yose said, it is everybody's opinion since fruits of a tree are also fruits of the soil but fruits of the soil are not fruits of the tree 1 1 8 .

Rav Huna

said 119 , except for bread and wine. The Mishnah (6:1) says sc>: Except for wine because on wine one says "Creator of the fruit of the vine;" except

482

CHAPTER SIX

f o r bread b e c a u s e o n bread o n e s a y s "He W h o p r o d u c e s bread f r o m t h e earth."

117

In t h e Babli (40a) this is the

118

In contrast to the opinion of the

accepted opinion, in the name of Rav

Tanna R. Yose q u o t e d in t h e n e x t

Nahman.

T h e proof is f r o m Mishnah

paragraph, every true statement about

Bikkurim

1:8 which states that if a tree

food is acceptable.

was felled, its owner may not bring the

119

first fruits of that t r e e to t h e Temple,

r e j e c t e d in t h e Babli in f a v o r of a

but Rebbi Yehudah insists that he may.

dissenting one of Rebbi Yohanan not

Since everybody agrees that grain may

mentioned in the Yerushalmi. The next

be offered as first-fruits, and grain can

paragraph, which

be brought only a f t e r it was cut and

s t a t e m e n t of Rav Huna, r e q u i r e s a

separated f r o m t h e straw, it f o l l o w s

separate benediction f o r b r e a d even if

that Rebbi Yehudah treats trees simply

it is not the one formulated by the Men

as stalks for their fruits.

of the Great Assembly.

. i r a i n >-r> Η ψ τ n i o ' Q D n *VNO ipV?

TT

yipnn

i n τm: ·i ro>\y τ ·

-Ν?? n ç n i d η ? ο n ç

B a b l i 40b.

relativizes

n ^ p n - i o - i o í n >pi> >3*1

.rnn x s n n ν ί ι ^ >1*1? DD^H

Ν 3τΝ 1- r p b••v"τ r o τ* u: ITo : D o n· Í O N τ -s NÌ?Ìτ s> n ·t »τ a ϊDN-

r - ·n·

- i m ib>3N i o î m OW? ΝΠΝ "13

NJN τ ·:T ~ · · η

-

->»ΝΙ . ' r a i n >ι> Ϊ Ο Ν ρ > ? 3 ΝΟ>3 ι π η N * m

It has b e e n s t a t e d 1 2 0 :

is

the

Ì J Iτ» ·- O : ·O m νJ w - a¡ y· νr ^ Dτ *WÍN m τv

>it7-¡3 "in ."I? r n p N Ι Υ Ϊ n>ri!p>)3

•VN

His o p i n i o n

·· - sNJIN ττ *V?NI

Rebbi Y o s e says, a n y o n e w h o c h a n g e s the

f o r m u l a established by the Sages did not f u l f i l l his duty.

Rebbi Yehudah

says, e v e r y t h i n g that has b e e n c h a n g e d f r o m t h e w a y it w a s c r e a t e d but o n e did not c h a n g e its b e n e d i c t i o n , h e did not f u l f i l l his d u t y 1 2 1 .

Rebbi

Meir says, e v e n if he says: "Praised be H e W h o created this p r o p e r t y , h o w beautiful it is," he has fulfilled his duty. Rebbi Jacob bar A h a in t h e n a m e of Samuel: practice f o l l o w s Rebbi Meir. T h e w o r d s of Rav also say so.

A

P e r s i a n 1 2 2 c a m e b e f o r e Rav: "Since I a m e a t i n g m y p i e c e of bread, but I

483

HALAKHAH 2

d o not k n o w h o w t o recite the benediction o v e r it, I use t o say: 'Praise t o H i m W h o created this piece of bread,' did I f u l f i l l m y duty?"

H e said t o

him: yes. 120

Tosephta Berakhot 4:5.

staying with this attitude, it was even

121

R e b b i Yose a c c e p t s only t h e

discussed at the start of this

halakhah

formulas established by the Men of the

that the anonymous Mishnah should

Great Assembly.

Yehudah

present the opinion of Rebbi Yehudah.

accepts these formulas as g u i d e l i n e s

In the parallel in the Babli (40b), Rebbi

which have to be adapted to varying

Yehudah's opinion is noi even quoted;

circumstances and this a d a p t a t i o n is

in Babylonia only the opinions of Rebbi

more i m p o r t a n t t h a n using t h e a p -

Yose (for those w h o know H e b r e w )

proved formulas. The great number of

and of Rebbi Meïr (for the illiterate)

d i f f e r e n t formulas of b e n e d i c t i o n in

are accepted.

Rebbi

t h e Y e r u s h a l m i a n d f r a g m e n t s of

122

Yerushalmi rite prayer books show that

(40b), he is c a l l e d B e n j a m i n

A Persian Jew.

In t h e Babli

the opinion of Rebbi Yehudah was the

shepherd.

the

dominant one in the Land of Israel. In

ifTWjpj >n>p>ri v i r i i h n a p - o r o n (foi. i o c )

N j i r n ? ï y η τ α ί -τη >(ap

un

. m i p Λίρπ

n o t o a p ï y rn.3?

.m n ^ ή

1 3 fi'î? "IÇN

V N O D n 1J3N

rmn?

·ρ:ητ3 ρ τ ν η ί ρ ρ > ? Ν Ν η ^ - ρ τ N p - n i a v i n ?

. N j v n * > n o s n ^ i n j v î i o n nvpa π

ρτηί>

-13 hzh

n>an

HPN

ν!? i o s h ù N J V o i n N ï y

ο η η η n>> p n a

o t o a p n ï y n i ? ? Ν-οΓίΌη i n ? " o

tpni

.11373 γρπ?

n j w i J i i n ? - ) 3 3 n y y rrç

. ι η η ψ "Τϋ Ί ^ Ψ t i n s * η ϊ ή ρ ν

:n

t>

. ì n d ì>n i p t i n ?

o t o ? r o > n ii>V)?V

VUp

, 1 2 3 P 1 > > n ^ a \ p Ì 1 1 7 3 n>rii Rav Y e h u d a h in the n a m e of A b b a bar bar H a n a 1 2 4 :

Bar Q a p p a r a and

t w o of his students w e r e with the innkeeper at t h e "inn of blessings". brought b e f o r e t h e m partridge, o r a c h 1 2 5 , and l e e k s 1 2 6 .

He

T h e y said, if w e

484

CHAPTER SIX

recite t h e b e n e d i c t i o n o n l e e k s 1 2 7 , it will s e r v e a l s o f o r o r a c h but n o t f o r t h e partridge 1 2 8 .

If w e recite o n orach, it will not s e r v e f o r a n y t h i n g else.

O n e of t h e m j u m p e d the g u n and recited "by W h o s e w o r d e v e r y t h i n g w a s created" o n the partridge.

His c o l l e a g u e 1 2 9 l a u g h e d at him.

Bar Q a p p a r a

said t o that o n e , not about that glutton but about y o u s c o f f e r 1 3 0 . This o n e acted in his gluttony, w h y did y o u laugh? A n d to the other o n e h e said, is there n o rabbi here, is t h e r e n o old m a n h e r e ?

T h e y said, w i t h i n a y e a r

t h e y both died. Rebbi Y o s e said, there t w o are g o n e and w e did n o t learn a n y t h i n g f r o m the incident.

W h a t is it? It is r e a s o n a b l e that o n e r e c i t e s

t h e b e n e d i c t i o n o n l e e k s b e c a u s e "By W h o s e w o r d e v e r y t h i n g

was

created" is s e c o n d a r y f o r v e g e t a b l e s 1 3 1 .

123

R e a d i n g of t h e R o m e m a n u -

127

It seems that these leeks w e r e

raw; hence, their

script. The Venice text has lV

benediction

is

A

"Creator of the f r u i t of t h e soil" and

slightly d i f f e r e n t version is in Babli

that will s e r v e also f o r t h e c o o k e d

124

He is Rabba bar bar Hana.

39a as a tannaïtic statement.

vegetable by the reasoning given in the

125

rosea,

Mishnah; however, a benediction over

growing mainly in salt marshes, that

t h e c o o k e d v e g e t a b l e , w h i c h is a

was used as (relatively c h e a p ) vege-

changed one following Rebbi Yehudah,

table. [The identification of the plant

cannot serve for raw leeks.

(and of t h e bird species) is Rashi's in

128

the Babli, reported in the name of R.

"everything."

A salty plant, Atriplex

The benediction f o r patridge is T h e story m a k e s two

The

points. First, that in benedictions one

v e g e t a b l e c a n n o t be e a t e n raw, but

did f o l l o w Rebbi Y e h u d a h in f r e -

must be cooked and, t h e r e f o r e , must

q u e n t l y c h a n g i n g t h e w o r d i n g of

have a changed benediction according

benedictions. [This principle, absent in

Isaac ben R. Yehudah of Worms.]

to Rebbi Yehudah.

the Babli, is the cause that the reports

126

about and conclusions f r o m this story

head".

G r e e k κ ε φ α λ ω τ ό ς , "having a T h e identification as l e e k s is

in

the

two

Talmudim

are

The second,

not

f r o m Rashi in Babli Yom Τον and the

comparable.]

more

use of the word in Syriac.

important one, is that the language of

HALAKHAH 3

4M

the M i s h n a h , "On all of them if he

recited a second t i m e f o r t h e same

pronounced

meal w i t h o u t t a k i n g God's n a m e in

'everything',

he

has

fulfilled his obligation" does not mean

vain.

that one may recite that benediction on

benediction "everything" is not valid

But, as e x p l a i n e d e a r l i e r , t h e

anything that specifically needs it and

for vegetables if recited on meat and,

then extend it to fruits and vegetables,

in any case, is undesirable f o r plants

only that if one recited the benediction

that h a v e t h e i r own m o r e s p e c i f i c

on agricultural produce it also is valid,

benediction. Hence, the person reciting

but not preferred.

the b e n e d i c t i o n f i r s t on

129

cannot eat of the vegetables.

The Aramaic text seems to have

partridge On the

a scribal error for a n a r i

o t h e r h a n d , if h e m a k e s t h e f i r s t

130

I am angry.

benediction "Creator of the fruit of the

131

The meaning of the statement is

soil" for the vegetables, then he can

the

make a second b e n e d i c t i o n "that all

benediction over the quail because that

was by His word" for the bird and all is

benediction

fine.

t h a t one should not s t a r t w i t h

is a l s o a p p l i c a b l e

to

vegetables and, hence, cannot

be

ïy

.Ì1973

r m r p >a-)

. m p

n o w >P7NÇI ρ

v ^ - m v^V

n > m ί ή η ψ Ί Ο Ϊ Ν ΝΙΠ n i ì n i i n .vty

ïV

•> ÍUWB

»aian

VN n ^ j ? -pò ί θ π ψ - ! ? 3 Ι Ο Ί Ν

Mishnah 3: On food that is not grown on the soil one recites "that all was by His word." On vinegar 132 , on locusts, and on wind-fall fruit one recites "that all was by His word." Rebbi Yehudah says, one does not recite a benediction on a kind that comes from a curse. 132

Vinegar which came from wine

t u r n e d s o u r , not v i n e g a r t h a t

was

produced as such from the start,

486

CHAPTER SIX

Π>η3

D ? Ì N Ü7?N> N 3

n>r>3 b b n ^ n o w iniN ι

N

Ν? 2

.T1)?N

"HOÏN

.JI)3NI l » !

.TU?N

>('»00

•> TO*«

îjm

ιηίΝ

J i t o a ú ΓΙΝ*]

.raía

ί Ί ΐ 7 ΐ n>ri3

Halakha 3: If his wine turned sour, he recites "praise to the True Judge" 133 . When he consumes it, he recites "that all was by His word." If he sees a locust 134 , he recites "praise to the True Judge".

When he

consumes it, he recites "that all was by His word." If he sees fallen fruit, he recites "praise to the True Judge". When he consumes it, he recites "that all was by His word." 133

The standard benediction on

swarms which destroy crops.

bad news, cf. Mishnah 9:6. 134

Hence

seeing one presages disaster.

The e d i b l e locusts c o m e in

ny;iy> v e o

V)> O N - i n i N r m n ? ί ο » rrç

ty

rann v w

vn

rwwe

o n o i N O > o d o î . 7 1 1 0 NID

Mishnah 4: If there were many kinds before him 135 , Rebbi Yehudah said, if among them is one of the Seven Kinds15 that is the one over which he recites the benediction. wishes

136

But the Sages say, on any one that he

.

He wants to eat of all of them,

Sages to mean that the fruit to be

they all require the same benediction,

chosen for benediction should be the

and he may recite one benediction

one that he likes best personally.

only.

seems that the Yerushalmi means quite

135

136

The Babli (41a) interprets the

literally "any one that he wants".

It

487

HALAKHAH 4

invi?

r m n > >21 v v > ? rio n m η > 13 vvsörp >3·)

VÖO

W> Ο Ν ψ » Ì 7 Ì O N ) 3 V ~ ^ 3 Π 3

ΝΙΓ) ' Ç V > 3 Ί -iÇN

. η ί 0 3 -J-α!? ^ Ί * Ν 3 Ν >3"!

>i> i ? v v i n ? > 3 - π κιρχ-ϊζ u s πη^ΐ

N 3 N >3"! i n v i ">Í7'V

i J l V " ! ? 1>N ! ? 3 Ν

invi?

^ ^

. - p . 3 > ? Ν1Π V ^ inri i}>?rrr

^

.ΓΙ3

- 1 1 3 ) p Ν1Π

i ? vy>in> > 3 1 7 na ^

Ί ηΛη

ty

i^VI? rvny?

n j n w l>ÖO 1^>3>3 .r^>3\? π ψ ν ? l ì

1

Ν 3 >3-17 m v ΟΝψ

>3-1 "Ίή»

? Ν1? η ί © 3 r p . 3 >

.rfr>3\pri t i n n o i a ì " i j ^ v n !?ν 1 1 3 » ?

H a l a k h a h 4:

Rebbi Joshua ben Levi said. Rebbi Yehudah and the

rabbis disagree only when he intended afterwards to eat bread 1 3 7 , but if he did not intend to eat bread afterwards, everybody agrees that if among them one is of the Seven Kinds, that is the one over which he recites the benediction. Rebbi Abba said, he has to recite a benediction at the end 1 3 8 . Rebbi Yose said, the statement of Rebbi Abba disagrees with Rebbi Joshua ben Levi since Rebbi Joshua ben Levi said, Rebbi Yehudah and the rabbis disagree only when he intended afterwards to eat bread, but if he did not intend to eat bread afterwards everybody agrees that if among them is one of the Seven Kinds, that is the one over which he recites the benediction; but Rebbi Abba said, he has to recite a benediction at the end. If he did not recite a benediction at the end it 1 3 9 became an accessory and we have stated there (Mishna 7): "In every situation where there is a main course and side dishes, one recites the benediction for the main course and thereby frees the side dishes. 140 " 137

If the f r u i t s a r e e a t e n as appe-

important of the Seven Kinds. Hence, a

tizers to be f o l l o w e d by a meal, then

b e n e d i c t i o n on some o t h e r fruit is no

the b e n e d i c t i o n over bread for

the

slight for the Land of Israel. But if the

main meal is a benediction o v e r one o f

snack of fruits is not followed by bread

the S e v e n Kinds, e v e n o v e r t h e most

and G r a c e a f t e r t h e m e a l t h e n

the

488

CHAPTER SIX

f r u i t s of t h e L a n d of I s r a e l

take

139

The fruit eaten as appetizer.

p r e c e d e n c e since they r e q u i r e at t h e

140

Hence, b r e a d being t h e most

end a " b e n e d i c t i o n i m i t a t i n g

important food and requiring recitation

three

benedictions" whereas other fruits only

of

require the short benediction "Creator

beforehand becomes a side dish for the

of l i v i n g t h i n g s " t h a t e a r l i e r

bread and should be covered by Grace.

was

full

Grace,

any

fruit

eaten

considered to be "nothing".

The Yerushalmi t a k e s Mishnah 7 to

138

apply also to b e n e d i c t i o n s a f t e r t h e

Even if G r a c e is recited a f t e r -

wards.

meal, not only before the meal.

>I!? > 3 I

. N tτ n n n r i n

I O N - τ

^

rIp··nτ o!

>QN · -

>:N Ο Ν Ή

n > M > τ :

.Ν1Π Ϊ Π

Garizmataw.

>3

M

N J I M N A τ τ ! ·τ

Ν Τ Π τ

Î7N O W

TY

Rebbi Jeremiah in the name of Rebbi Ammi, he recites

the benediction over the lupine 142 .

Rebbi Levi said, because of (Prov.

22:22) "do not rob a poor one 1 4 3 because he is poor." 141

The exact meaning of the word,

its v o c a l i z a t i o n and e t y m o l o g y unknown.

unknown fish", γάρος, 6 "paste of brine

are

and small fish", γάρον, t o "fish sauce".]

It is clear f r o m Midrashim

Jastrow considers the word as P a r ' e l

{Lev. rabba 9, Thr. rabba introduction)

from (Hebrew and Arabic) DTJ "to cut

that it r e f e r s to a dessert. The

Arukh

in pieces". From the usage in the next

translates the word by Italian 'H'iii?

Halakhah it seems that one speaks of

which Perles misread as guscio "trestle;

baked, in contrast to cooked, goods. It

shell, hull".

is possible to connect the w o r d with

Even coccio

"potsherd"

does not make much sense. T h e older

A r a b i c (o^·, M U

"to d e v o u r

vora-

commentaries to the Yerushalmi were

ciously" (said of w o r m s a n d

other

misled by a scribal "correction" in the

pests.)

Arukh

t h a t i d e n t i f i e d gryzmth

with

The background of the remark

lupines, which r e f e r s to the next word

is that this kind of dessert at a formal

in t h e

dictionary,

dinner, being e x t r a o r d i n a r y and not

following Perles, derives the word

part of a regular meal, is not covered

from a non-existing

word

by the benediction over the b r e a d at

γ α ρ ί σ μ η [but compare γαρισκός, ó, "an

the start of the meal and, hence, needs

text.

Levy's

Greek

489

HALAKHAH 4 its own benediction.

probably a r e t h e c h e a p e s t dish on t h e

142

plate.

He m a y m a k e t h e b e n e d i c t i o n

e v e n on l u p i n e s e v e n

though

they

143

O f its benediction.

Ì ? w i m 13*1 N'T? t ö ri? ì o y ò i n y i ? VN . n s

invia

1>33>

γ&Η

ì l J l J p n >Ν3> > 3 " ) H U I

1 9 0 3 n a ^ Ν ί η ψ >a*i>

η^ψ

v ï y n j n y p e p lo'í'a l>î?î?© ì ? a * ì .113 ϊ ο φ

>31

,ήτρ

ΟΝψ »-Tin ÎWI

INÇ ρ

" p i ? "tv >53

p^p

P13VÌ N J U N >an o w ? i o n ?

. n ì N > ì í o r n >a*i

i r o n ? \yjiy3

.niap

V?"ÌS?>? κ ^ ι v a j v

>an κιη

Nn~i>

That is if it is his intention to eat bread 1 4 4 . But if it is not his intention to eat bread, that does not apply. (Rabban) Gamliel the t w i n 1 4 5 went to those of the house of Rebbi Yannai.

He saw them eat an o l i v e 1 4 6 and

recite the benediction before and afterwards. He said to them: Does one do that? Rebbi Zeira sent and asked Rebbi Samuel bar Nahman. C a h a n a 1 4 7 in the name of Rebbi Avina 1 4 8 :

Rebbi

Everybody agrees that if

among them was one of the Seven Kinds, that is the one over which he recites the benediction. Rebbi Zeira said, that must be correct, since we see the rabbis assembling for the proclamation of the New Moon and eat grapes but they do not recite a benediction afterwards. That is because it is his 1 4 9 intention to eat bread. 144

O n e returns to t h e o p i n i o n o f

t h e S a g e s in t h e M i s h n a h

oraries, not f o r m u l a t i n g his own rules.

the

T h e t i t l e " R a b b a n " was g i v e n to him

i n t e r p r e t a t i o n given by R. Joshua ben

h e r e by a t h o u g h t l e s s s c r i b e ; e v e r y -

Levi.

w h e r e e l s e his name a p p e a r s without

145

T h e name of his twin

was Hillel.

and

brother

He was an A m o r a of the

title. 146

As an a p p e t i z e r b e f o r e a m e a l

third g e n e r a t i o n who usually a p p e a r s

with bread.

a s k i n g q u e s t i o n s f r o m his c o n t e m p -

147

Rebbi Cohen at o t h e r p l a c e s in

490

CHAPTER SIX

the Talmud. 148

dained in the Yeshivah of Rebbi Ammi.

A student of Ganiva, also of Rav

Huna

and

Rav

Yehudah,

149

who

immigrated into Israel and was or-

oiipn

1>3ΪΙ

It is their intention to have a

full meal after the formal proclamation of the New Moon.

Tn.a>? w n i n n r\\ >N ï y n j n w ν ? ' ) ? V3fl> v^i ïs'z

oiip

- j i n u n !?ο·) ΓΟ-Ο> m i p

iopn>

If there were before him of the Seven Kinds, on which one does he T h e r e 1 5 0 they say:

recite the benediction?

E v e r y t h i n g that has

precedence in the verse has precedence for benediction and everything that is close to "the Land" has precedence over everything else 151 . 150

In Babylonia; Babli 41a.

151

Hence, the orders of preference

and (2) barley, (3) grapes, and (4) figs, and (5) pomegranates; a land of (1) oil

are (Deut. 8:6): "A land of (1) wheat

IT?

limn

-toa n a n i y IN o n p i N

olives and (2) date honey.

i>»n n i * i o s "ptan w ï y ."ptnn ji>3

ï y rjTS

m v s - > a n riis -i\?a p w n

. n a n π is ->oa

r i n d a n ϊ χ rj*v?

rnaian i n a n a n jin

mTHi? nviin N>

Mishnah 5: If one recited the benediction on wine before the meal 1 5 2 , he also covers wine after the meal. If one recited the benediction on little pieces 153 before the meal, he also covers little pieces after the meal. If one recited the benediction on bread, he also covers little pieces; if one recited the benediction on little pieces, he did not cover bread; the House of Shammai say, neither did he cover cooked food.

152

Given as an a p p e t i z e r .

HALAKHAH 5

491

They

It is

drank wine a f t e r t h e main meal but

into l i t t l e p i e c e s , c r u m b l e " . possible that ί β ί β is a pilpel

form of

before Grace was recited. Since Grace

π fi. T h i s is t h e o p i n i o n of

c o v e r s all f o o d , it is o b v i o u s t h a t

dictionaries.

anything consumed after Grace needs a

meno is derived f r o m π α ρ α φ έ ρ ω "to

new b e n e d i c t i o n .

serve, bring to one's side" (food), or the

Both w i n e

and

the

It is m o r e likely that

cookies w e r e served b e f o r e and a f t e r

passive

the meal only on f e s t i v e d i n n e r s as

(definitions of Liddell & Scott).

explained in C h a p t e r 8; they do not

correct translation then is "side dish

belong to everyday meals. Their rules

b e f o r e or a f t e r meal; a p p e t i z e r or

need to be spelled out.

dessert, snacks."

153

should be γπβίβ (E. G.).

The verb n o means "to b r e a k

η * n\?a -pton

IT?

V»n riN n o s t i ï - p « a n ρ ι α ψ n i * - 1 0 9 tC? l i t a n

154

V70?

:p_>5 ON Ï O N i!?>flif p

ι>»π ϊ χ π τ ? -τη

on

table,

The

w Nni

:n r t ï ï n

,·)ί^η i»n

The

vocalization

i?»n

.injan

twW

. p r a n -ιηΝίρψ v ? n

i ? ü w i r v >3-»·) i o ì n : n

.-p^n

ΊΠΝ i o n >rrçn v i r i ? -içni t O " i m H a l a k h a h 5:

served"

l ^ a r i η ϊ Ν"τρη m . i o n

v î t i ïV

i>»n tin. - i o ? "Ptiari

"set

/pon?ip

R a v H i s d a s a i d , w e s t a t e d o n l y "if o n e r e c i t e d

the

b e n e d i c t i o n o n w i n e b e f o r e t h e m e a l , h e also c o v e r s w i n e a f t e r t h e m e a l " , b u t if o n e r e c i t e d t h e b e n e d i c t i o n f o r w i n e d u r i n g t h e m e a l 1 5 5 , h e did n o t cover the wine a f t e r the meal.

T h e r e 1 5 6 t h e y s a y , e v e n if o n e r e c i t e d t h e

b e n e d i c t i o n o n w i n e b e f o r e t h e m e a l , h e did n o t c o v e r w i n e a f t e r t h e m e a l . B u t did w e n o t s t a t e "if o n e r e c i t e d t h e b e n e d i c t i o n o n w i n e b e f o r e the meal, he also covers wine a f t e r the meal"?

Rav Huna and

Rebbi

J o s h u a b e n L e v i , o n e of t h e m said, if h e d r a n k s p i c e d w i n e 1 5 7 , t h e o t h e r o n e said, if h e d r a n k w i n e a f t e r t h e b a t h 1 5 8 . 154

R e a d i n g of t h e R o m e m a n u -

script. Venice print: l'ina.

155

When wine serves only to wash

down the food.

But wine a f t e r t h e

492

CHAPTER SIX

meal is consumed for its own sake.

wine and t h e r e f o r e needs an e x t r a

156

benediction.

In Babylonia, where wine was a

rarity and only used on Sabbath and

158

holidays. Their usual drink was beer

sauna. Since the first wine after return

m a d e f r o m d a t e syrup.

from the sauna is taken f o r medical

The e n t i r e

Latin balnea,

-orum (plur.), a

discussion is Babylonian, cf. Babli 42b.

reasons, its benediction does not cover

157

wine consumed as food.

Latin conditum (scil., vinum)\ this

wine cannot be compared to regular

•PUSH 1ΠΝ V?p>3 ΠΝ3Π J13 Ν3Π Ν»Π >3*) DV? i o• nτ >3-» - »-»τν

· !

"Ι ρτ τη ν >3-ι * ·

η>> ΙΏΝ .ynnn DW3

· -

>3τ - i -o τn . nτ n νn- : h- ùsi n>33Î7 η οτ - ΐτ 3: n i ri ^v so τ ν τ :

limn i i m n 3 1 NJW

NJin 2Ί Ï3>Çt >3")

P>Û ΝΙΠ no?

."ptiari

>3-ι>

ι>»3η i n i M j p

.limn y s p i o v » n iniN»

tO

Rebbi H e l b o , R a v H u n a , Rav, in the n a m e of the great Rebbi Hiyya: Bread that c o m e s kisnin159

n e e d s a b e n e d i c t i o n b e f o r e and after.

A m m i said that Rebbi Y o h a n a n d i s a g r e e s .

Rebbi

Rebbi Mana asked Rebbi

Hizqiah, in what does he disagree? W h e n o n e ate f r o m the s a m e f o o d 1 6 0 during the meal? H e said to him, e v e n if o n e did not eat f r o m the s a m e kind during the meal.

R a v H a g g a i c a m e in the n a m e of Rebbi Zeïra:

E v e n if o n e did not eat f r o m the same kind during the meal 1 6 1 . 159

Rav Hai Gaon e x p l a i n s t h a t

kisnin-bread

is called 3»3 in Arabic.

bread. The Babli (42a) quotes only the opinion of Samuel who seems to agree

This is "pastry, small baked goods" in

with Rebbi Yohanan here.

common A r a b i c , "donuts" in Syrian

160

dialect.

conforming to the next two sentences.

Rabbenu Hananel and Rashi

explain that it is a baked shell filled

161

The Rome ms. has h e r e l'en,

Any baked goods e a t e n a f t e r

with candied almonds and other nuts.

the benediction over bread and before

Since it is baked it needs a benediction,

G r a c e a r e c o v e r e d by t h e s e

but since it is not baked as bread it is

benedictions.

not covered by the benediction over

two

493

HALAKHAH 5 γύ

ρ ? ψ r n r j i V P i ^ R ? ΓΡ>

n>riO'>3 o y v i ) ? ^ :p.3>? η Η)

.«po )

^

">ηΝ>

>31

rpjitp ι π ^

ΠΝ

.·>310>ΐ5

> 3 1 >3ΓΓΤ

>it?y

»oin a i

i r i i v p ? w ïï?"! ^

> p v >311 ^ ^

T»ir) » t P O 1 5 -

'WN 1 3 Ν » η α ϊ η>> I Ç N Γ)>>

.ηίΟΙ

ΐη>>}{

p r p p i p p > 3 N Π»5ΓΙ3>> ί Ο ' ί Π >3-17 n>ri>jnv>ö> l l p > 0 .NJV3J1Ç} ^

>ΓΙ>3·) N J 3 > Ì N ρ ί 3 ψ > 3 W p N

Π Ν 3 Π TIS >>>>J7} »OV >3") O W ö ·)33Τ) > ? p o ? i n i ρ τ > ? η n . j p N

. ή ^ Γ Ι 1ΓΙΝ> ÍTTV >3*1 D W O

. n n r ) N > i n>33>

roiy\? .1331? "T3V3

From the Patriarch they sent Nicolaus dates 1 6 2 to Rebbi Hanina bar Sisai 163 . He left them for dessert after his meal and recited a benediction over t h e m b e f o r e and after. Rav Huna ate dates with his bread.

Rav

Hiyya bar Ashi said to him, are you disagreeing with your teacher 1 6 4 ? Leave them for dessert after your meal and you may recite a benediction over them before and after. He said to him, they are the main thing my teeth get to bite. Rebbi Jonah and Rebbi Yose went to the marriage feast of Rebbi Hanina Eyntanaya. They brought before them kisnin bread a f t e r the meal. They said, let us leave our learning and let us bring a

baraita:

Rebbi Mana stated in the name of Rebbi Yehudah, w h o said in the n a m e of Rebbi Yose the Galilean: Bread that comes kisnin a f t e r the meal needs a benediction before and after. They said, since they are the minority and the rabbis disagree with them, let us act following the rabbis 165 . 162

A kind of large Syrian dates, in

Hanina.

Arabic KV'pjK.

164

163

a f t e r the main meal, w i t h o u t b r e a d ,

He is also called Ininai bar Sisai

Rav, who said that food e a t e n

(in t h e Y e r u s h a l m i ) and Anani b a r

needs separate benedictions.

Sason (in t h e Babli); A m o r a of t h e

165

second generation and student of Rebbi

which comes r e g u l a r l y with a meal.

T h a t b r e a d c o v e r s all

food

494

CHAPTER SIX

whether during the main course or as a

the final decision in the matter,

dessert. This, as report of an action, is

-j-op N i n i 3Î

«IN n > > t n

ν 1 ? «IN - ì o ì n

>nb\¿> n u ? π)3 . N r ï p i o - ι υ ρ

n i s ">\?s n a n ϊ χ r n ' S

-N'O

,ΠΊ>7Ϊ? n w y o γ ι ν - t o a n ^ i n a n n i * ">oa n ^

üvyin? >a~> >3 ο ύ η η -IÇNI

η.??

onpiN

>3η η ρ κ n>3

Nnmna

. m j î ? nwpjo

r n j i ? n w v e UNÍ r e i r í a n

m i n n t p y - t e n^>nj? n n a - i a n

n>nvi?ì n > i o ìjdni inN

naie?

^va on

> a a > 3 - ^ n n a n 3 n >3*1 . n v i i ?

r y n s n b ν ν > ψ 9 V " ! t » î ? 7 133*1 . n a i 0 3 N n > i t >

ïqn; nyyn

no-on in» Njva

Marinos, the son of Rebbi Joshua 1 6 6 said: He who ate dessert 1 4 1 and cereal 167 , even though he recites a benediction on the dessert at the end, he did not cover cereal 1 6 8 . Is he like the House of Shammai, since the House of Shammai say 169 , "neither cooked food?" Rebbi Yose said, this is everybody's opinion.

If one recited the benediction on bread, he also

covers little pieces and cooked food; the House of Shammai say, neither did he cover cooked food. But if one first recited the benediction over little pieces, everybody agrees that he covered neither bread nor cooked food 170 . Rebbi Abba, the son of Rebbi Haggai asked: He who ate cereal and he has the intention of later eating bread, does he have to recite a separate benediction for cereal at the end? The rabbis of Caesarea find it obvious that he has to recite a separate benediction at the end 171 . 166

At o t h e r p l a c e s in t h e Yeru-

f l a k e s of grain that can be used to

shalmi, he is called Marinos, the son of

make bread.

the great R e b b i O s h a y a h ; an Israeli

168

Since v e g e t a b l e d e s s e r t needs

Amora between the first and second

only a short benediction afterwards but

generations.

cereal needs a "benediction imitating

167

three."

C e r e a l m a d e f r o m f l o u r or

495

HALAKHAH 6 169

In the Mishnah. Except if it is

the first or the second clause in the

explicitly stated, practice never follows

Mishnah.

the House of Shammai; Marinos should

171

not follow it.

with bread. R. Zeïra (himself a native

170

They need the "benediction

Babylonian) is quoted in the Babli

imitating three." The Yerushalmi takes

(Beza 16a) as making fun of "those

it as obvious that the remark on the

stupid Babylonians who cat bread with

House of Shammai r e f e r s to the

bread" because they eat bread with

sentence just preceding their remark.

cereal. Hence, in Caesarea, someone

In the Babli (42b) it remains undecided

eating cereal is not presumed to have

whether the House of Shammai refer to

the intention to eat bread.

rpap

In Israel, one never ate cereal

ιη>Ό>η

v n :i n i v a n a p i n i s ' t o "ptjsri r p j i ? Ί » io 1 ? N I

.^ID!? m a p i n j s Ί ^ β η ΛΠΝ>

. n n j ì o n ϊ χ "iniNi Mishnah 6: If they were sitting 1 7 2 , e v e r y o n e m a k e s the benediction for h i m s e l f 1 7 3 .

If t h e y w e r e lying on c o u c h e s 1 7 4 , o n e would m a k e the

benediction f o r everybody 1 7 3 . If wine were served to t h e m in t h e middle of the meal, e v e r y o n e would m a k e the benediction f o r h i m s e l f 1 7 6 ; a f t e r the meal o n e person m a k e s the benediction for e v e r y b o d y , and he m a k e s the benediction on 172

mugmar111.

In a sitting room, not in a dining

right hand.

room, either for talk or before a meal.

173

For wine, pastries, or fruit.

(Some Mishnah manuscripts

174

Assembled to eat a meal as a

have

"sitting before a meal" but the addition

company.

seems irrelevant.) In Mishnaic times, a

175

On bread and/or wine.

The

formal meal was always taken lying

other participants must answer "Amen"

down on couches, supporting oneself

so that the benediction is counted also

with one's left arm and eating with the

for them.

496

CHAPTER SIX

176

Since people may be eating,

Mugmar are spices or incense roasted

their mouth is not f r e e to answer

on burning coals, used as air-freshener

"Amen".

a f t e r a meal and also to p e r f u m e

177

garments.

The Hebrew verb i»», Arabic

nsj, means "to roast on burning coals".

ji?an

ΝΠ

.NJViipo N>n i a n m a y ó I Ç N . i j v a - j i ñ a Ji?an

H a l a k h a h 7:

l a j w i n ? >an λ n a i n

N » n >3-Ι >?ΓΙ λΟ

i i v a rjijia

R e b b i J o s h u a b e n L e v i said, t h e M i s h n a h d e a l s w i t h a

party for circumcision178.

H e n c e , it d o e s n o t a p p l y t o a m a n in his o w n

h o u s e 1 7 9 . Rebbi H i y y a s t a t e d 1 8 0 , e v e n a m a n in his o w n house. 178

And similar festive occasions

room.

when a formal dinner takes place.

180

179

a common benediction only in a formal

Since all members of the house-

In one of his barai tot. He allows

hold look to the head of the house to

dining

room. The

disagreement

start the meal, he should make the

between him and R. Joshua ben Levi is

benediction for all of them even if they

not resolved; both are authorities of

are sitting and not reclining, since not

equal standing.

every apartment has a formal dining

r i v - n r i i ? n ï w i>>t>apn ï y " p a y 1 η V P » ? p n - p N r m y o t j o (foi. iod) iN>an

inyx'?

î p . a p t n w f n i s - ! ? ? ")?? ID!? w i n

"ΤΠΪΟ Τ ΠT Ν - ^ 3Τ M A I !S ini? IN>AN Τ r ¡ V TV * V Τ · ·· rp-is p v r t o n >a b y 1>< o n #

>a ϊ χ η * Ί » w a n

O ^ D >7> b y ^ l a p *τηι* n - i a n a

.ΤΙΠΝ Ί*Τ>Τ - -

·)!?ΐ3ψ Ι ΗT Κ Ι *ΤΠΝ-Ϊ>3 Ο· Π ^ V S T V τ - τ t

i N u n ìa>oni

toy

-f->nxp

. o ^ s n > ï y rpa»? inN-) . ^ w n by w>an

. V P >ri\y b i o t o - j n * τ ι η κ

rr

. Π ί Ν Ί ? " ! ? V ï y ΊΠΗ 033>> r n i N b i i w i ·)>#! It w a s s t a t e d 1 8 1 : T h e o r d e r of a f o r m a l m e a l : G u e s t s e n t e r a n d sit o n low b e n c h e s 1 8 2 o r o n c h a i r s 1 8 3 until all of t h e m a r e a s s e m b l e d . T h e y a r e served wine; e v e r y o n e m a k e s the benediction f o r himself.

They bring

HALAKHAH 6

497

t h e m w a t e r , e v e r y o n e washes o n e hand.

They bring t h e m snacks,

everyone makes the benediction for himself. When they entered 1 8 4 and lie down on couches they are served wine; even though one made the benediction on the first one, he must now m a k e the benediction on the second one; one of them makes the benediction for all of them.

They

bring them water; even though one had washed one hand, he now has to wash both hands.

W h e n they are s e r v e d s n a c k s , o n e m a k e s t h e

benediction for all of them. No guest may enter after three servings of snacks. 181

T o s e p h t a Berakhot

43a.

This Tosephta

4:8; B a b l i

explains

the

background of the Mishnah. 182

Latin

r n

Greek καθέδρα.

184

The dining room, son means "to

lie on couches" in Mishnaic Hebrew.

subseliium.

•p-iin

i r o i t ? nt^ - ρ γ ρ nì?

n 3 n >?•)

183

nm

n j n w n a i e ìjori

."pnnNn n i o oi> l i a ? ^ n y i i n ^ ç l p i n m w n p

oi> -Tiyan i r o i t ? ìnoa!? d i n nns» τ

T

T

-r

!7Νΐηψ a w ? ν π ν - o npy> >11 N33>n >3-» Ν Π Ν >3-»

.

T

pri

o > > ? n n i s Min

o v ó > w n * n N » n 3-> » o r o

-

.

-

-

- J i n } vili?!? i n *

T

·

-

τ

-

ia

η > 15 y w i n >

:j>-ts -\r\H J V 3 3 í ñ s n * Π ^ Ί rrç

wir>p

l i n i " p n n N n n i o o v >>>> v i n p p v ï y n i n y ί τ ο ΐ ϋ ψ >n N>>rçhn >3-» 0 Ψ 3 an nçT n o

."|>»>>?

V3n

i n v i ? n > n y i ? t>Ni»v> "»»7 n o i

. ì t d i o -pri3 ^ d ì n i n ^ y ì .-»ηκ

in1?

íjídn1? i n v i ? r v n

>3*"φ Ν>>Π > 3 T ? t»Nl»y)"T N>J}N Ν 3)3 > 3 1

,-ίΠΝ n > 3 3

There (Mishnah Sukkah 4:5) we have stated: "Sukkah seven days, how is this 185 ? If he finished to eat he should not take down his sukkah186,

but

he takes out the vessels starting f r o m the time of a f t e r n o o n prayers because of the honor due to the last holiday." Rebbi Abba bar Cahana,

498

CHAPTER SIX

Rav H i y y a bar Ashi in t h e n a m e of Rav: A person must m a k e his i n v a l i d 1 8 7 as l o n g as it is still day. li&

m u s t m a k e Qiddush

R e b b i J o s h u a b e n L e v i said, a p e r s o n

i n s i d e his h o u s e 1 8 9 .

n a m e of Samuel: If o n e m a d e Qiddush

R e b b i J a c o b bar A h a in t h e

in o n e h o u s e and c h a n g e d his m i n d

t o e a t in a n o t h e r h o u s e h e m u s t m a k e Qiddush190. H i n e n a in t h e n a m e of R e b b i H o s h a i a h 1 9 1 : m a k e s Qiddush sukkah192.

sukkah

Rebbi Aha, Rebbi

H e w h o l o v e s his

sukkah

of t h e last h o l i d a y in his h o u s e and g o e s t o e a t in his

Rebbi A b u n said, they d o not disagree. W h a t R a v said w a s , if

he did not h a v e the intention to eat in another h o u s e 1 9 3 .

But w h a t S a m u e l

said w a s if h e had t h e i n t e n t i o n t o eat in a n o t h e r h o u s e .

Rebbi M a n a

said 1 9 4 , S a m u e l c o m e s like R e b b i 1 9 5 H i y y a and Rebbi H o s h a i a h l i k e R e b b i Joshua ben L e v i 1 9 6 .

185

The holiday of Sukkot is seven

e i t h e r by r e m o v i n g

s o m e of

the

days; the eighth day, Shemini Azeret, is

roofing, or by putting up a s h e e t of

an additional festive day, w h e r e t h e

cloth under the roofing, or in a similar

obligation to live in a sukkah

way.

does not

apply. Since one may not add to the

188

c o m m a n d m e n t s of t h e T o r a h (Deut.

and) holidays, pronounced over a cup

13:1), in Israel, where holidays are only

of wine.

one day, one may not live in the sukkah

189

on the eighth day.

of the place of the meal.

186

190

sukkah

T h e o b l i g a t i o n to live in the extends until n i g h t f a l l of t h e

The sanctification of (Sabbath

On Shemini Azeret,

irrespective

This parallels the statement of

Samuel in Babli Pesahim

101a that

eighth day.

"there cannot be Qiddush except at the

187

place of the holiday meal."

That it would no longer qualify

as sukkah.

At t h e end of t h e dis-

191

The Venice text reads: Rebbi

cussion, the interpretation is that one

Joshua; the text here is f rom t h e Rome

must m a k e t h e sukkah

as

manuscript. The correct text is in the

sukkah only if one intends to eat in the

parallel in Sukkah 4:5: Rebbi Hoshaiah

sukkah

during the holiday of

Shemini

in the name of Rav. In the sequel, this

Azeret.

One makes the sukkah

invalid

statement will be r e f e r r e d to either as

invalid

499

HALAKHAH 6 Rebbi Hoshaiah's or Rav's.

Hiyya bar Ashi, had supported Samuel.

192

Hence, the attribution of t h e statement

Contradicting the statement of

Samuel, that Qiddush

must be said at

of Rav Hiyya bar Ashi to Rav seems to

the place of the meal.

be in error, even though it is supported

193

by both manuscripts of the Yerushalmi.

So t h a t at t h e m o m e n t of re-

citation of Qiddush,

his intention was

195

Scribal error for "Rav".

Since

valid; a valid benediction cannot be

Rav Hiyya bar Ashi requires that one

voided retroactively.

eat in an i n v a l i d sukkah

194

require that Qiddush be in that invalid

T h e explanation of R. Abun is

impossible since then we would have

he must

sukkah.

two c o n t r a d i c t o r y s t a t e m e n t s in t h e

196

name of Rav. Rav Hiyya bar Ashi said

is discussed h e r e b e c a u s e it has an

in his name that one must m a k e t h e

implicit relationship with the foregoing

sukkah invalid b e f o r e the start of the

Tosephta and the Mishnah.

eighth day if one wants to use it during

to R. Joshua ben Levi, one may make

t h a t day; h e n c e , if R e b b i Hoshaiah

Qiddush in the house and then continue

requires in Rav's name that one m a k e

eating and drinking wine in the sukkah.

Qiddush in the house it is obvious that

This means that one may start drinking

he had the prior intention to eat in the

wine at one place and then c o n t i n u e

sukkah.

d r i n k i n g at a n o t h e r p l a c e

Hence, Rav must disagree with

This seemingly unrelated topic

According

without

Samuel. If Rav Hiyya bar Ashi made

r e c i t i n g a new b e n e d i c t i o n .

his statement without r e f e r e n c e to Rav

contradicts the previous Tosephta that

we may r e f e r to the Babli ( P e s a h i m

the benediction over wine in the sitting

100b) t h a t Rav d i s a g r e e s e x p l i c i t l y

room does not free one from reciting a

with Samuel but that Rav Huna, Rav's

new benediction in the dining room.

foremost student, agrees with Samuel. Rav Huna would not have gone against Rav if not at least one of the latter's

This

Samuel (seconded by Rebbi Yohanan in Babli Pesahim 101a/b) will agree to the conclusion from the Tosephta.

colleagues in his Yeshivah, e. g., Rav

.·)»*¥> t p n ) ? " τ π ν - í j d l i t o n t j ì j i } i>> 1ΓΙΝ m T ) 3 N Κ Ί Γ )

>3"»

.>Ì33

N3 n o >jpp κ ρ ή i ?

η*

Jl>5 γ Η ψ O S O ì · ^ "V3N

500

CHAPTER SIX

They asked Ben Zoma 1 9 7 : Why, if wine was served to them in the middle of the meal, everyone makes the benediction for himself? He said to them, because the place of swallowing is not empty 1 9 8 . Rebbi Mana said, this means that if someone sneezes during the meal one may not say to him "for health 199 " because of danger to one's life. 197

Tosephta Berakhot

4:12, Babli

199

43a.

Greek ΐασις. The Arukh reads

here or, Greek ζήτω "for life!"

198

Talking during swallowing may

The

Tosephta (Sabbat 7:5) declares this to

bring food into one's windpipe and

be a non-Jewish custom.

cause one's death by asphyxiation.

n*i t >w

. o y i o N i n i n i * ")» . " p n n n i ^ ì p n m w

p m > n N j n r p p n ? >an .rpa!? t j n s ^ n n i r o ί ^ ν rP> n p ^

^

n b y m i i y ? n n i i n rp)?n> a n o w a

lOiN fon t ^ p

. o > p t y a > * v a a i o 0>->. i r o

N 3 N na pn^> .ο>)?ψρ

.any

aio n n

>Ρ.ΝΠ a t y y a " > 5 1 1 5 a>3in >riV>aa D i p o l i

. ι » ν α ι n j w i n i>a

rpna - i o n i n

nnif

í^!? n m l^n

>an!p

.any i ç ^ a

aw

ani rppnp na

- Y w n a y y a a i o n>n ·)Γΐ3ψ rjma DON í o n m

a ^ p m n>> - » o n

on

>p"> . o > « y a

n n iri3 n^/Ni a n o w a ï o i n a n l i y p ^ ì a n n>a> V p > o

,·)π o ^ y

V?> ,>(>>n

17V >an nioN

. * p a > - p n s í í > n π β γ ) ^ i v y n ç N Na>M . o > n y a > s y a a i o

rjin?

>(anpn a n o v a t o r n a n i a > o ' a n

a i o n n i r » n ^ N nniN N i n i^ip ^ ,o>n^a

,i*t> ; j i n >

N i p n a n DON . ^ n a > * ] n * w n

ι!?>?ν ijva

a i o η η i r ò ΊψΗ n ç » 7 p p p i n ι π ν i » na . o > n y a > ^ 3

What is the difference between mugmar and wine? Everybody smells mugmar, Jeremiah

each person tastes wine. 200

Rebbi Zeira in the name of Rav

: One has to recite the benediction for mugmar as soon as the

smoke rises. Rav 201 Jeremiah wanted to examine Rebbi Zeïra. He said to him, which benediction does one recite on perfumed oil? He said, "He

HALAKHAH 6

iûi

Who gave pleasant fragrance in perfumed oil." He said to him, "He Who gave pleasant fragrance in spice wood." Isaac bar Abba from Mehasiah 202 and Rav Hananel were sitting.

One said, "Praise to Him W h o gave

pleasant fragrance in spice wood." The other one said, "Praise to Him Who gave pleasant fragrance in the plants of the earth." He who said "in the plants of the earth" objected to him who said "in spice wood": are they wood? He answered him, is it not written (Jos. 2:6) "She hid them in the hemp of wood", are these wood? They went to the Yeshivah of Rav and heard Rav Huna 203 in the name of Rav: "He Who gave pleasant fragrance in spice wood." Ganiva said, he who uses oil for dirt 2 0 4 does not have to recite a benediction. Rebbi Yudan said, even if he collects it into his hand. Rebbi Helbo, Rav Huna in the name of Rav: He who sprinkles

olentia205

in his house 206 does not have to recite a benediction. Rav Hisda said, on everything he recites "He Who gave pleasant fragrance in spice wood" except for musk on which he recites "He who gave pleasant fragrance in all kinds of spices.207" 200

The entire discussion is paral-

is perfumed This applies to all other

leled in Babli 43a/b.

cleaning fluids also.

201

205

The text, "Rebbi", is in error

Latin olens,

olentis

"sweet

since Rebbi Zeïra was the student of

smelling" (E. G.). Most authors equate

Rav Jeremiah in Babylonia and the

the word with oleamentum,

teacher of Rebbi Jeremiah in Galilee.

made from olive oil"; this fits neither

202

the s p e l l i n g of the word nor the

A Babylonian; twice mentioned

as associate of Rav Hananel.

Mata

("City of") Mehasia was the place of

"ointment

context. 206

If the main intent is to either

Rav's Yeshivah.

bind the dirt or to get rid of bad odors,

203

not to produce the pleasant fragrance.

Head of the Yeshivah of Rav

after Rav's death.

207

204

vegetable, origin.

If the oil is used primarily for

cleaning and it does not matter that it

Musk

is

of

animal,

not

The statement of

Rav Hisda in the Babli is quoted in the

502

CHAPTER SIX

name of Rav; but there the benediction

except for balsamum.

f o r musk is accepted f o r e v e r y t h i n g

nsn\i> n a n j i n

r y > ) ? n ty : p i > ?

n i S "^Viai

n ? i n>>)?

ϊ χ " n i > ? n ^ a p iay·)

ì N ' i r i :t r w t o »

Niny-^D

rrç

ft

Mishnah 7: If salted fish 208 was brought before him with bread, one recites the benediction over the salted fish and frees the bread 2 0 9 because the bread is accessory. The following is the principle: Anything that is the main dish and comes with a side dish, one recites the benediction on the main dish and this frees the side dish. 208

This is the usual interpretation

foods, is forbidden only salted fish."

of "salted" and is t h e c o r r e c t inter-

209

pretation of Mishnah and Yerushalmi

benediction because salted fish cannot

by the t e s t i m o n y of t h e Arukh

who

be e a t e n w i t h o u t b r e a d ; h e n c e , t h e

6:3: "He

bread would not have been eaten w e r e

quotes t h e Mishnah Nedarim

who makes a vow not to eat any salted

m i y p ντρ!? Ηϊψ

m tnwi

i w a n

ΝΓΙ>£>

ty

-»OiN

ovy?

nis p w i y

Halakhah 7: Jonathan

210

-o îwwy

OYÓ n>*p-»> >2Τ

1? l i y p w

οίρρα

the

:? n s S n

n > > £ n j i n v w j r ç » o i p ) p ? i d>?£>?

nç< p w i v ρ κ ψ o i p j p ? ï y -IÇÎN NJi>ai

to r e c i t e

it not for the salted fish.

"injv

n i * v v n y VNV*

From having

. Η Ί 2 H ï *lp>>> n>>>s)n

i w a n n i * yvrijrçi c r i p ) ? ? o w a - p n > p >?-»

.->p>y W p v y n n i s p w i v w o i p > ? 5

.iqa w p y n

Rebbi Samuel bar Nahman in the name of Rebbi

: The Mishnah was from before they learned royal meals and

503

HALAK.HAH 8

at a place where the salted fish is the main food, but at a place where salted fish is not the main food that does not apply 211 . Rav 212 Jeremiah in the name of Rav, pitta bread and morsels, one recites on the morsels at a place where the morsels are the main food 2 1 3 . But at a place where morsels are not the main food that does not apply. Rebbi Simon in the name of Rebbi Simeon ben Laqish, seqizmi214

and bread, one recites on

the seqizmi at a place where the seqizmi are the main food. But at a place where seqizmi are not the main food that does not apply. 210

Israeli Amora of the first gener-

until it gets moldy.

T h e result was

ation, close to R. Joshua ben Levi,

c o n s i d e r e d in B a b y l o n i a to be an

Rebbi Hiyya the Great and R. Hanina.

exquisite delicacy called "Babylonian

211

kutah".

Hence, for the Babli (44a) it no

The authorities involved here

longer applies.

are all Babylonian.

212

Again, "Rebbi" is scribal error.

214

213

This d o e s not c o n t r a d i c t t h e

Mosheh (Margalit), followed by Levy in

stament in Halakhah 1 that one makes

his dictionary, takes the word to mean

the benediction on a complete loaf of

a delicacy made f r o m almonds ( τ ρ ν )

b r e a d if at all p o s s i b l e s i n c e t h e

with τ replacing soft τ . Pne

An u n i d e n t i f i e d w o r d .

morsels here a r e not eaten as morsels,

(Ben Habib) identifies seqizmi

but a r e collected and milk is p o u r e d

of fruit.]

[Pne

Mosheh as kinds

over them; the whole is l e f t standing

13*!

m : m

to1?*

i n i N *o>j?y

-»nix

r j - n p o>3in-n o > i j y i d o n ^ I v ï y V V P ΓΙΠΝ r m a o n p i N

o>o n ^ w n

.jiìd-J? ν ^ ψ v ^

ïïl}>?

:n

mv»

o'nani

WtJ? Nini

p^y

. n i a i n w M h n i a n o w ·ρ*ηο >a-i . n a i a n>r» t ó n w Mishna 8: One who ate figs, grapes, or pomegranates 2 1 5 recites for them three benedictions 216 , the words of Rabban Gamliel; but the Sages

504

CHAPTER SIX

say, o n e b e n e d i c t i o n i m i t a t i n g three.

R e b b i A q i b a says, e v e n if o n e a t e

c o o k e d f o o d and that is his m e a l h e r e c i t e s f o r it t h r e e b e n e d i c t i o n s 2 1 7 . H e w h o drinks w a t e r f o r his t h i r s t 2 1 8 s a y s "By W h o s e w o r d e v e r y t h i n g w a s created." Rebbi T a r p h o n 2 1 9 said, "Creator of m a n y living things" 2 2 0 .

215

Or any o t h e r of t h e "Seven

Τρύφων.

Fruits" t h a t has not b e e n m a d e into bread; see note

15

.

He was old enough to have

served as a priest in the Temple before its d e s t r u c t i o n .

T h e t e x t of

the

Full grace; this Mishnah is the

Yerushalmi in the Halakhah, a manu-

introduction to the s u b j e c t of G r a c e

script of the Babli, and some q u o t e s

which will occupy

f r o m M e d i e v a l a u t h o r i t i e s h a v e "R.

216

the next

two

chapters.

Y e h u d a h " instead of "R. T a r p h o n " .

217

Since the verse says: (Deut. 8:10)

Since the main thrust of the Mishnah is

"When you will eat and will have been

about concluding benedictions, it is not

s a t i a t e d t h e n you must p r a i s e

the

c l e a r w h e t h e r R. T a r p h o n / Y e h u d a h

Eternal, your God, for the good land

speaks of a first benediction, contra-

that He has given you."

T h e r e is no

dicting R. A q i b a , or a b o u t t h e con-

mention

The

three

cluding benediction for food that needs

benedictions a r e (1) f o r the food, (2)

neither "three benedictions" nor "one

for the Land, (3) for Jerusalem.

benediction imitating three."

218

220

of

bread.

He drinks water f o r itself and

Some Mishnah manuscripts have

not to accompany or wash down food.

here the full text

219

benediction after food.

Probably

the

Greek

name

of

the

minor

π3>ν^ι ϊψ nn-rtp} toN 221N>yvin ran ow? >Nin >3*1 ή»>ρ >?-> :n w i n ·)»

ν? ïï1"!?

i n v i JPPí» .rp^y

rp.?>?

ι ο ι η I T 1 3 N3N

τη?

nriia

.τη.α>

Dipi?

rn*ii>oa

m ?

? N 1?ì

n>m> n > i m r p a t v ì ? ? ì y m

>3"!3 ηψνο .i>pnn") l i o n π1»"»? -]-u>? n>n nriia n w n>am

ov? ty

Ναι

.oipp

in* Nirrç» rçj?

POS»?

nni

ia? ìiypy!? π^ψη πψνψ î W V ·)η*ΐ> Ν Ι Ο Νΐ τ >ρη u o í n í

rpty

505

HALAKHAH 8

Halakhah 8: Rebbi Simon, Rebbi Thaddeus 222 , in the name of Rebbi Hoshaia: If one ate East of a fig tree and then changed to West of it 223 to eat, he must make a benediction. Abba bar Rav Huna said: old wine, new wine, he has to recite a benediction 224 . Change of wine he does not have to make a benediction. Change of place he has to make a benediction. If he took his mind off 2 2 5 it is equal to change of place. Rebbi was reciting a benediction on any wine amphora that he was opening. What did he say? The old Rebbi Isaac in the name of Rebbi: "He Who is good and does good 226 ." When Rebbi Aqiba was making a marriage feast for his son Simeon, he said a benediction over every wine amphora that he opened and said: "Good wine for the rabbis and their students." 221 script.

Reading of the Rome manu-

However, one has to assume that one

The Leyden manuscript and

deals with wine stored in cheap pottery

Venice print have again "R. Joshua".

amphoras r a t h e r than in e x t r e m e l y

222

expensive glass bottles. The amphoras

Israeli Amora of the second

generation.

His sayings are reported

are porous and most of the alcohol will

either by R. Simon or by R. Abba.

have vanished by the time the amphora

223

Assuming that the fig tree is

is opened and also the flavor will have

very old and large enough so that he

deteriorated under the influence of the

cannot see his old place from the new

air seeping in from the outside. Hence,

one.

the text here is justified.

224

Since the benediction, as ex-

225

After some time lias passed. If

plained later in this Halakhah, is for

one then returns to drink, it is a new

the quality of the wine, one would

activity.

expect that the change from new to old

226

wine should r e q u i r e a b e n e d i c t i o n

news.

Benediction on g e t t i n g good

r a t h e r than the other way a r o u n d .

r o v n i -IJ3N .11173 n>ro ΪΖΌΨ "ïoîn 1

_

o>» n i i w n

'O n^iivyn yinN >21 i o n .in ? n o * Νΐηψ o>o !?d>i >oi> >n*i -ion .onjrr

506 JVN

CHAPTER SIX .D>-»)77 >0 >3ΓΙ » i f l JVN noi

.DÍNIST

D>

ΗΎ}ψ ^ " Ι ^

. r n n n JIN m i ? V T ι η ψ o n ^ i >p .Ό^ρτη

INÇ

.O'>{3*T

pan

"ÌRT

»ari >>MI

·)ηψ o > > j 7 7 >p

" 2 2 7 He who drinks water for his thirst says 'That everything was created by His word.'" Rebbi Jonah said, except pick-axe water 228 . Rebbi Yose said, on any water that he thirsts for 2 2 9 . Rebbi Abun said, he who drinks pick-axe water, what does he say? "Praise to Him Who created medicinal waters." 2 3 0

Some Tannaim state "deqarim

Tannaim state "deqalim waters". He who said deqarim because they pierce the gall bladder.

water", other

(pick-axe) waters,

And he who says deqalim

(date

palm) waters, because they gush forth between two palm trees 231 . 227

Quote from the Mishnah.

the Babli, 44b, if a p i e c e of f o o d is

228

As is clear from the text, this is

stuck in his esophagus,) he does not

water drunk only for medicinal pur-

have to recite any benediction.

poses.

230

229

If somebody d r i n k s m e d i c i n a l

The fact that a benediction is

due is also noted in the Babli (38a), but

waters f o r his thirst, he has to recite

the text is given only here.

the benediction for water, not that for

231

medicinal waters.

drinker" , one who is able to empty a

If he drinks water

not f o r his thirst (in the language of

Compare Latin dec.alicator "hard

calix, a goblet, at one draught (E. G.).

' y a w p n s ìVsxw nwVw

1ÌWN-) -»WVB'1 Ji?î3

Vîï'O "DK? wç^n·) πρ>?ψ

* "wyçi

NWIJÇI INNNN RÙ\?>? TOYI LIVIÍO "WVÇÎ TOO

ON ΐΗΚ .IN>>J>

•ìn^V l>3)pì>p VN n ^ r o n n ? n nina ϊ ο π ψ v i ^ n i

tOy

W

Mishnah 1: Three persons who ate together are required to "invite"1. If one ate demai2, or first tithe of which the heave was taken 3 , or second tithe4 or dedicated foods 5 that were redeemed, or the waiter who ate the volume of an olive 6 , or a Samaritan7, these can be invited. But if one ate untithed produce, or first tithe of which the heave was not taken, or the second tithe8 or dedicated foods that were not redeemed 9 , or the waiter who ate less than the volume of an olive, or a Gentile 10 , these cannot be invited. 1

Three adult males who ate together

family in ritual purity. There is no rate

are obliged to recite Grace as a group

set for terumah

and start with a special invitation to all

times w h e n r i t u a l p u r i t y c a n

participants to join in the praise of the

observed, the rabbinically established

Lord by Whose kindness we live. The

rate was 2 percent. Next, the tithe of

text of the "invitation" is given in

10% must be given to a Levile.

Mishnah 3.

maäser

2

terumah of the tithe to be given to the

Newly harvested produce is subject

in the Torah but in be

This

again is s u b j e c t to a 10%

to several obligatory gifts and tithes.

Cohen.

The first one is the heave, nann, that

tithe is secular private property of the

can be given to any Cohen.

This

Levite and need not be kept in purity.

must be eaten by a Cohen's

However, consumption by a non-Cohen

terumah

The remainder of this

first

508

CHAPTER SEVEN

of any food containing still

terumah

Yerushalmi.

(and of impure terumah by a Cohen) is

4

a deadly sin. In Temple times it was

property of the f a r m e r but e i t h e r it

established that all Jews, educated and

must be eaten in Jerusalem or it must

uneducated,

and

be redeemed and the proceeds taken to

separate

Jerusalem and spent t h e r e f o r f o o d .

Cohen.

Second t i t h e t h a t was r e d e e m e d is

nonobservant terumah

observant alike, did

a n d g i v e it to a

T h e second t i t h e r e m a i n s t h e

However, the first tithe was not given

normal food permitted to everybody.

by a substantial minority of uneducated

5

and n o n o b s e r v a n t .

the kind t h a t may be s a c r i f i c e d , or

Since

untithed

produce still contains the terumah

This is food from an animal not of

of

vegetables that may not be sacrificed,

the tithe and its consumption would be

but were given to support the u p k e e p

a d e a d l y sin, it was i n s t i t u t e d t h a t

of the Temple.

o b s e r v a n t Jews h a v e to s e p a r a t e at

sold and t h e m o n e y u s e d f o r

least t h e terumah

Temple.

produce sources.

bought

of

the tithe

from

for

unreliable

S i n c e a m a j o r i t y of

These g i f t s a r e then the

A f t e r the sale, t h e f o o d is

profane, for everybody to eat. Also, an

all

animal d e d i c a t e d f o r t h e a l t a r t h a t

a g r i c u l t u r a l p r o d u c e r s did g i v e t h e

develops a blemish b e f o r e it is sacri-

tithe, the o b l i g a t i o n to t i t h e is con-

f i c e d , can b e r e d e e m e d a n d

ditional and is w a v e d f o r t h e poor.

becomes secular food which, however,

Produce sold by unreliable persons is

must be c o n s u m e d in a d i g n i f i e d

called demai;

manner.

t h e rules u n d e r w h i c h

then

demai has to be given a r e spelled out

6

in a s e p a r a t e T r a c t a t e .

not eat at least food of the volume of

In any case,

Nobody may recite Grace who did

since any person might give away all

an a v e r a g e o l i v e .

his property and then become poor and

acceptable even though he did not sit

eat demai

down with the guests he served.

w i t h o u t tithing, demai

is

The waiter

is

potentially permitted food f o r every-

7

body and the person who eats it does

s e t t l e d in S a m a r i a by t h e k i n g of

not c o m m i t b l a s p h e m y in

Assyria (2Kings 17) who accepted the

reciting

The descendants of t h e p e o p l e

Grace.

written T o r a h but not t h e o r a l law.

3

T h e Babli explains, even if t h e

[Since they did not resist t h e e f f o r t

heave was taken somewhat irregularly.

made by Diocletian to unify the Roman

T h e r e is no m e n t i o n of that in t h e

Empire in pagan rite, this statement of

509

HALAKHAH 1 the Mishnah no longer applies. It does

pronouncing a benediction o v e r t h a t

apply, however, to Karaites.]

food would be the a d d i t i o n a l sin of

8

blasphemy.

Outside of Jerusalem.

9

Except f o r the second tithe, t h e

10

He is not obliged to recite Grace

consumption of the f o o d s m e n t i o n e d

and has no part in the Land for which

here

we give praise.

is

a

deadly

v?>>n Vl^i

sin;

hence,

ndi

N?n

, η ί υ ? i n * >N"¡ n ^ n j p a i n * ' Ν

Nj-jm

H r o ï n ( f o i . iia)

, η ί ο ? I N ? n ^ n ^ a I N ? "V?N

< i i t n i n t r i n ? I!??N . n ^ n j n i n t Ì Ó N > . • p o a i n * irib>?Ni n m

« n a I Ç N τ η 1?*iíon

. η ^ η η α i n t n > ç ? it»?N I Ç N

H a l a k h a 1: H e r e 1 1 it h a s b e e n said " t h e y a r e n o t a l l o w e d t o split" a n d h e r e it h a s b e e n said " t h e y a r e r e q u i r e d t o ' i n v i t e ' " 1 2 . S a m u e l s a i d , o n e is at t h e s t a r t a n d o n e is a t t h e e n d .

W h a t means "beginning" and what

m e a n s "end"? T w o A m o r a i ' m ; o n e said if t h e y d e c i d e d t o e a t t o g e t h e r t h a t is t h e s t a r t 1 3 , w h e n t h e y a t e t h e v o l u m e of a n o l i v e t h a t is t h e e n d 1 4 .

But

t h e o t h e r o n e said, if t h e y a t e t h e v o l u m e of a n o l i v e t h a t is t h e s t a r t 1 5 , w h e n t h e y f i n i s h e d t h e i r m e a l t h a t is t h e e n d 1 6 .

11

Mishnah 5:

Three who ate

13

They a r e no longer allowed to

t o g e t h e r a r e not a l l o w e d to s p l i t .

split.

[There the emphasis is on the fact that

14

six people who ate together may split

together with the formal "invitation."

i n t o t w o g r o u p s of t h r e e . ]

15

The

They are required to recite Grace

They are no longer allowed to eat

Yerushalmi is discussed at length by

each one for himself.

Tosaphot

16

Berakhot

45a and

Talmid

They must recite Grace together;

Rabbenu Jonah, Rosh on Mishnah 5.

if one of them finishes early he is not

12

allowed to recite Grace for himself and

The two Mishnayot seem to say

the same thing, so one of them would be superfluous.

then leave.

510

CHAPTER SEVEN n a i n η ψ ^ ψ η η ? - ρ n a N a y o y ) ? N v y t > a i N 3 i n a i 0 V 3 n 3 n >31

Π 3 ψ η N'pis

VV· >3n n>> ί » ν

•linyi? o j i m i n i

,νό> >ai >nip n y w

.pnvi? ndíii ijai

>3"! η ι ρ Ν

ηινή

v ? > > n ΓΙΠΝ?

ì i n v >?•) . η ΐ ϋ η i n i v a N I ¡ ? 3 Ν ΐ η ψ N ! W v i F T ι π ψ ο ? 3 ψ DON •VT I j n V N w w ο>3ψ Ì ^ 3 N v i > ? N i i n > n . n wpï

ìnvavi

13 VVPvy >37)

R e b b i A b b a in t h e n a m e of R a v H u n a , R e b b i Zeïra in t h e n a m e o f A b b a bar J e r e m i a h :

T h r e e a r e required, t w o h a v e p e r m i s s i o n .

Z e ï r a said this b e f o r e R e b b i Y a s a .

Rebbi

H e said t o h i m : I h a v e o n l y t h e

Mishnah, three w h o ate t o g e t h e r are required to "invite" 1 7 . here stick b y their o p i n i o n , t h e rabbis of t h e r e

18

T h e rabbis of

s t i c k b y their o p i n i o n .

S a m u e l said, t w o w h o judged, their j u d g m e n t is valid but t h e y are c a l l e d an insolent court. Rebbi Y o h a n a n and Rebbi S i m e o n ben Laqish b o t h say, t w o w h o judged, their j u d g m e n t is invalid.

17

But two may not r e c i t e G r a c e

between Samuel and R. Yohanan / R.

together with the formula of invitation.

Simeon ben Laqish belongs to tractate

The Babli (45a/b) comes to the same

Sanhedrin\

conclusion t h a t t h e old t r a d i t i o n of

this is a disagreement between Samuel

Babylonia was that two may say Grace

and R e b b i A b b a h u , s t u d e n t of R.

together but t h r e e must do it, but the

Simeon ben Laqish and R. Y o h a n a n .

Israeli tradition was always to exclude

The Babli (Berakhot 45b) only hints

two if three are required.

that the d i f f e r e n c e has its roots in

18

different local traditions.

Babylonia.

The disagreement

in Babli Sanhédrin

(5b/6a)

i o ^ y >393 n o i o i c y >3?3 n n i o ^ y >333 τ η l ì o N y π ψ ^ ψ i ç n N 3 i n u - π n>riyT ï y N3in a i l

. n r n n n v ï y n iNaw ini ί ο ν n t o o a i

N7D by r o v >31

nnN? nyby

ini

^"ÎJW! n>rmar)ì

ì a i j / j p ? · ) S n w > 3 3 1 n n i n ^ y >333 n ^ i n s y >333 r\\ n i a i P N N v y t ^ T T r p r i y i by

.nibnn

iwp w w

, η ? ΐ 3 » a i w V " P « > V * "VP'ìi V N

ai

vìy

ini d?N N i p n a i

.ina n ^ n

. J i n N S i J W b y ) b>3yrrç> IDI n > r n i a o ì

511

HALAKHAH1

ρ ^ η η yari p - o r n » 3 ine

. p i - o n o > \ ? n V?>?1 n s i o ?

. m T > w ? ·)3>ο n i n a ΗΏ . n ^ i o a o > n a v ?

n i p p a ο>>ψο ρΐ"οη o>p n o

1 3 3 1 l i n o l}?fi iiúa^n ρ

13 ρ η ? ? >3") n > n n

jin .νηοη

. v n p r i i>5>w> i>i*i n 3 i t > 3 o > > y m n o n «in . l a 1>>>3V>0 V W

Rav H u n a said, three who ate each one by himself 1 9 and then c a m e t o g e t h e r 2 0 do "invite".

Rav Hisda said, only if they c a m e f r o m t h r e e

groups 2 1 . According to the opinion of Rebbi Zeïra 2 2 and his group, only if all three ate together 2 3 . Rebbi Jonah on that of Rav Huna: If he dipped three stalks of hyssop each one by himself and then took them together, he may sprinkle with it 24 . Rav Hisda said, only if they came f r o m three bundles.

According to the opinion of Rebbi Zeïra and his group, only if

all three were dipped together. If you want to say that we do not infer rules of hyssop f r o m rules of benedictions, do we not see the rabbis deal with sukkah

and learn f r o m p o u r a b l e m u d ? 2 5 .

(Mishnah Sukkah

As we h a v e s t a t e d

1:10): "If the roofing was three h a n d - b r e a d t h s a w a y

f r o m the walls it is invalid. 26 " Hence less than that is acceptable. one sleep under that 2 7 ?

May

Rebbi Isaac ben Elyashib 2 8 answered, pourable

mud completes a miqweh29

but one may not immerse in it, here also it

completes the sukkah but one may not sleep under it. 19

Different food at d i f f e r e n t tables,

r e q u i r e d to r e c i t e G r a c e w i t h "in-

or at one table but they a r e strangers

vitation"; he may fulfill his obligation

to one another and each one eats his

even in another group.

own food that he b r o u g h t with him.

people were not obligated to "invite"

The disagreement between Rav Huna

during their meal they cannot become

and Rav Hisda is explained d i f f e r e n t l y

subject to "inviting" a l t e r they had

in the Babli, 50a.

finished eating.

20

22

At one table (or on one group of

But if t h r e e

H e r e he is c a l l e d

by

his

couches) befor they recited Grace.

Babylonian name κ ν τ since, under the

21

i n f l u e n c e of A c c a d i c , t h e J e w s in

Every one of the t h r e e was

512

CHAPTER SEVEN

Babylonia early on had lost the sound

also a b e l a t e d j u s t i f i c a t i o n of

of v. While his Israeli name appears in

previous comparison of t h e rules of

the

the list of R. Jonah, the e n t i r e p i e c e

Grace with the composition of a court

seems to have had a Babylonian editor;

of law.

so it uses the Babylonian Aramaic 'in

26

,

The essence of the sukkah

is that

"to see" instead of the usual Israeli ort

its roof must be b o t a n i c a l (but only

23

materials that cannot become ritually

From the start. (In the Babli, 50a,

this is the opinion of Samuel, but here

unclean).

it is the opinion only of the rabbis in

material must be arranged so that there

Israel).

is more s h a d o w than sun i n s i d e t h e

C o n n e c t e d w i t h this is t h e

Tosephla

(Berakhot

5:23, cf. end of

sukkah.

T h e b r a n c h e s or

other

If there is a place w h e r e that

Halakhah 5) that people in a caravan,

condition is not s a t i s f i e d f o r t h r e e

if they eat while walking, cannot recite

hand-breadths horizontally from a

G r a c e t o g e t h e r even if they all ate

wall, t h e sukkah

f r o m t h e s a m e f o o d , but if t h e y sit

fulfill the commandment "to dwell" in

together at a rest stop, they must recite

it (Lev. 23:42).

Grace together even if everyone ate his

27

own provisions.

hand-breadths wide, under which there

In c o n t r a s t to t h e

cannot be used to

The place, less t h a n

two

Babli, the Yerushalmi never entertains

is more sun than shadow.

the thought that for common Grace one

sleeping, the question could have been

would have to lie down on couches.

asked about eating.

24

28

Used f o r cleansing a person or

utensils i m p u r e by c o n t a c t w i t h a

Instead of

An Israeli Amora of the fourth

generation, colleague of Rebbi Mana; a

corpse; cleansing needs sprinkling with

holy man and worker of miracles.

a bunch of hyssop that was dipped in

29

water in which some of the ashes of a

cleansing impurities only if it contains

red h e i f e r w e r e dissolved (Num.

19,

40 seäh, about 135 gallons. If t h e r e is

A " b u n c h " is a

not enough c l e a r w a t e r , t h e d e s i r e d

minimum of three stalks. The opinions

volume can be obtained by adding mud

here are attributed

that is so moist that it can be poured

M i s h n a h Parah).

to the

older

A ritual bath can be used f o r

authorities by Rebbi Jonah.

from a bucket (Mishnah Miqwaöt

25

The

This proof t h a t one r e q u i r e s

complete

logical consistency even in fields that

Yerushalmi Sukkah

a r e rather r e m o t e f r o m each other is

19a.

argument 1:10, Babli

7:1). is

in

Sukkah

112

HALAKHAH 1 D3WN1 n ^ a :p3> -ION a i ib ι>>> ·)ηη i n i * vipai nnND >3-ι

ηψ^ψ

" p n n n n?-ia η mpi* a i n > 3 i . r o w i o n a - u κ>η w >n .to

jiN ι^π ι* 3 Ί ov>n i j n 3 Ί ia>n >3-1 ,!?:>n ni* ι^η η η>)?η? ni. .lìonn na-p? *1)5>η VN

io>)K

η ψ ^ ψ ο>3ψ io>>? κη>3η>3 ν π ί ηψν) a n a>nn >35

>33)3 713iWiO v o n J1?-jl -»>5>ΓΙ VIS

> ? > jjiN n>> .n>o«iT) ι ί ο π a t o n .a>v>i?ni a i o n

-»?>n v n

n ^ î ? ^ D ni* ì^n w

- u v a >»->Γ) υ η υ φ η N}ìn a n -»çjn^t

ï M ç y ? > a i ? -ma>n Nîin an - i o n .m T iaî?> « n p i a i r i v a l i n>5N"¡ .^l^n naia w y w n ïy

rnin

a>p«nì i r n p ) ι Ο ψ

c o p r i i ι ί υ η "ion Λ

b i n ni* ^ n it

>3"H

ni* . v a n o n?-ja

.V3a>n) m n aiori ->nn - t o w t o n p i ,d>^ì-»> n m n?-ia ν n a i o n .anpçni a i o n m r ß i n j Three who ate together and one wants to leave, Rav said he should recite the first benediction, then he may leave. benediction?

What is the first

In the Yeshivah of Rav 3 0 they said, the benediction of

invitation. Rebbi Zeira in the name of Rav Jeremiah: that is "He Who feeds all."31 Rebbi Helbo, Rav Hanan in the name of Rav: that is "He Who feeds all." Rav Sheshet objected, but a baraita disagrees: 'Two, three are obliged to recite Grace. 32 " If you want to say the benediction of invitation is the first one, one should state "four." They found stated "four." If you want to say this is "He Who feeds all", it is difficult. If you want to say that it 33 is "He Who is good and does good", you cannot do that, there is a difference 34 because Rav Huna said that "He Who is good and does good" was fixed 35 after permission was received to bury the slain of Betar 36 , "He Who is good" because the dead did not decompose and "He Who does good" that they could be buried. Rav Huna said, you may explain it following Rebbi Ismael since Rebbi Ismael said 37 , "He Who is good and does good" is an obligation from the Torah as it is written (Deut.

CHAPTER SEVEN

8:10): You will eat and be satiated, benediction of invitation; the Eternal,

then you must praise,

that is the

your God, that is "He Who feeds

all"38; for the Land, that is the benediction over the Land; the good

one,

that is the benediction "builder of Jerusalem" [and so it says (Deut. 3:25) "this good mountain and the Lebanon 3 '"]; that He gave you, that is "He Who is good and does good". 30 31

After Rav's death.

neither of them knows how to r e c i t e

T h e first benediction of G r a c e

when recited without "invitation".

t h e e n t i r e G r a c e but e a c h of t h e m

It

knows one or two benedictions that the

seems that Rebbi Zeira also agrees that

others do not, then they t a k e turns in

t h e one w h o w a n t s to l e a v e has to

reciting the benedictions and they all

recite the benediction "of invitation"

have fulfilled their obligations, the one

aloud so that the other two may answer

reciting

and f u l f i l l their duty to recite G r a c e

benediction and the others by listening

with "invitation"; t h e disagreement is

and answering "Amen".

only about how much he has to recite

are important to show that we require

aloud, whether only the "invitation" or

one

by

person

pronouncing

to

recite

the

The numbers

an

entire

also t h e f i r s t b e n e d i c t i o n of G r a c e

benediction; it is not p e r m i s s i b l e to

proper.

split one benediction a m o n g s e v e r a l

[If all t h r e e r e c i t e

Grace

together, the one who recites

the

people. Hence, the maximal number of

"invitation" has to recite all of Grace

people who can share in reciting Grace

aloud; this custom has disappeared in

is the number of benedictions in Grace.

Eastern European A s h k e n a z i c Jewry

33

after the invention of printing and the

to him who r e q u i r e s t h e f i r s t bene-

a v a i l a b i l i t y of i n e x p e n s i v e

diction to include "He Who feeds all."

prayer

The fourth benediction according

books for everyone.]

34

32

dictions that are Torah obligations and

It is generally agreed that nana

Between the f i r s t t h r e e bene-

•pn'in is a scribal e r r o r and that the

the f o u r t h one who seems to

be

correct reading is that of Aliassi nana

Rabbinic in character.

limn "Grace". T h e explanation of the

35

elliptic bardita is according to Aliassi:

in t h e p a r a l l e l in t h e B a b l i ( 4 8 b ) .

If two or three people sit together and

A c c o r d i n g to t h e Y e r u s h a l m i ,

It says "fixed", not "instituted" as

the

515

HALAKHAH 1 f o u r t h b e n e d i c t i o n is old, p r o b a b l y

the re-establishment of the Synhedrion.

Biblical, but it was not p e r m a n e n t l y

37

Mekhilta deR. Ismael Ba 16.

required in earlier times; the problem

38

Since the name "God" represents

is d i s c u s s e d

God as Creator of the physical world.

Scholar's

in t h e a u t h o r ' s

Haggadah

The

( N o r t h v a l e NJ,

39

"Lebanon" means the Temple; this

1995) p. 358-359.

identification goes back at least to the

36

Roman law did not allow t h e

time of Rabban Yohanan ben Z a k k a i

burial of r e b e l s against t h e govern-

who predicted to V e s p a s i a n that he

ment.

Hence, the dead of Betar, t h e

would become emperor, since he would

last of Bar Kokhba's fortresses, could

destroy the Temple and it is w r i t t e n

certainly not be b u r i e d d u r i n g Had-

(Is.

rian's lifetime. It is not known which

through a p o w e r f u l one" (Babli

of his successors gave permission to

56b; Yerushalmi sources:

bury the dead. We may assume that it

Nathan 4, Midrash Ekha rabba 1).

10:34) " t h e L e b a n o n w i l l f a l l Gittin

Abot

deR.

was the same emperor who permitted

ηα aìJì^ η©

.nnoN} non? r n i n i inns

VN") η η η κ ! ρ r m ? y u n i n ' i r ?

JIN ·)ΓΙ>> i^jjpì

. w n ^ N ^ ! ? f i ì i n n ί ο ρ κ >> o y ) r ?

.Tonai r i v i v i

ì n j v >a*ì o w n vom oy>

ti

,ηιψ

ow noi

>3-»? n 3 > p v >3">? ή - » ? i)i

VI

w n

.noo>

n o n ? n j w ? ηί>Νψ n n i n o n ·)>! ù > n

nriN

γιν rp.3>

nnçn

>3-ì

,n>?N

h^

Nin

n ^ - u "iwm

ìq ^ η ^ Ψ roiy\?

. n o lit»?

. ì n r Q N > n o n ? " p y o Niny» l i t o

ΓΙΝ t|*ì3ì -»niN

rD-u

o v o w N>jpN

. n n n N > η ? Ί 3 mrir»3

n a n ? - p y o ΐ>Νψ l i m o n n ç mìyvp Nn^iw

.via!? u r o

n ^ "»ìONn UNÌ n p η * ? ι ι η κ η ow n o

nDni ptjpa

>3*1

a'TP n o

>3*i

V33> n?*)? n n i n i

o w <)n

n o n ? r n ù r ç 3ÌJO

Ν>ηψ n-jiri

ow3 ijnv

ιηηΝ>

.nnin ή τ ? l y

,n>?3> n ^ n ? m i y o

->»ÌN

Νΐηψ nvv?

nnnN>

n^-jn ^ y o w

ira >3-1 . o w n p n

Η)>φ l y .q>)3>» n ^ i qpn^ » η ρ

Nin

yn^)

lìyo

nnnN!p η:ρτ3

>3 -»on ί™ >3-)·) pn^> r n

* γιν o ^ i a y i

rm?

ρ

>γιο>ν ny\p3

nisi

on

no

516

CHAPTER SEVEN

r m a "pyo π ^ ψ >»n n ^ n υ>Νψ ptja o n

.no r n i n

·ρ*>? ivr? Tü

"Τϋ >»n ι ο η ψ r n i n .innNipi For Torah

40

there is written a benediction before, but no benediction is

written after. What is written before it? (Deut. 32:3) "For I am invoking the name of the Eternal, attribute greatness to our God." For food there is written a benediction after, but no benediction is written before. What is written after it?

(Deut. 8:10): "You will eat and be satiated, then you

must praise". From where that which is said about one on the other and vice-versa? Rebbi Samuel bar Nahmani in the name of Rebbi Jonathan: The Name is mentioned in both verses as parallel expressions 41 . Just as the Name that is mentioned concerning Torah implies a benediction before, so the Name that is mentioned concerning food implies a benediction before. And just as the Name that is mentioned concerning food implies a benediction a f t e r , so the N a m e that is m e n t i o n e d concerning Torah implies a benediction after. That follows Rebbi Aqiba 42 . What following Rebbi Ismael? Rebbi Yohanan in the name of Rebbi Ismael, an inference from the lesser to the greater 43 . If food that needs no explicit benediction before, needs a benediction afterwards, regarding Torah that needs a benediction before, it is only logical that it should need a benediction afterwards. That works for Torah; what about food? If Torah that needs no benediction afterwards, needs a benediction before, regarding food that needs a benediction afterwards, it is only logical that it should need a benediction before. Rebbi Isaac and Rebbi Nathan say, (ISam. 9:13): "For he will recite the benediction over the sacrifice and after that the invited guests will eat." 44 Rebbi Nathan 4 5 said, (Ex. 23:24) "you shall serve the Eternal, your God and give praise for your bread and your water"; when is it called your bread and your water, before you eat 46 . Rebbi said, if he has to give praise when he ate and is satiated, so

m

HALAKHAH1

much more at a time when he is hungry for food. That is for food, what about Torah?

If food, which sustains only temporary life, needs a

benediction before and after, Torah, which sustains eternal life, so much more 47 . 40

Torah study, including T o r a h

both Rebbi Aqiba and Rebbi Ismael is

reading.

that in its mishnaic-talmudic form, the

41

r u l e s of

In general, it is assumed in t h e

Jewish

conduct

form

a

system of Rebbi Aqiba that a word can

logically consistent whole.

It was

have only one meaning.

A stronger

shown earlier in this chapter, Notes 24

implication, agreed to by all tannaïtic

- 29, that rules must be consistent f r o m

authorities, is a "parallel expression".

one application to t h e next, such as

The formal definition of the school of

rules of Grace and forming a court of

R. Ismael is that if one has a tradition

law. But the basis of these laws, the

that t w o e q u a l or s y n o n y m o u s ex-

words of the Torah, a r e unsystematic,

pressions a r e written in the Torah for

f r a g m e n t a r y , and s o m e t i m e s a p p e a r

purposes of comparison and if these

contradictory.

two words a r e not used f o r any other

method of translating t h e a p h o r i s t i c

inference, then all laws connected with

text of the Torah in a legally consistent

one word apply to the other and vice-

new language; cf. the author's

versa.

problems

The derivation h e r e does not

Hence, one n e e d s a

in Jewish

Logical

tradition,

in:

f u l f i l l t h e s e conditions; hence, it is

C o n f r o n t a t i o n s with Judaism, ed. P.

labelled to follow the rules of R. Aqiba

Longworth, Blond, London 1966, 171-

who is not known to require too much

196.

formality in case the verse is used to

m e d i e v a l texts Introduction

give a biblical base to an old tradition.

Talmud

42

Sefer Keritut of R. Simson of Sens.

Who is an exponent of intensional

The rules a r e discussed in the to

the

by R. Samuel Hanaggid and

interpretation, w h e r e a s R. Ismael is an

43

exponent of extensional interpretation.

If there are two commandments, A and

The rules of R. Ismael are systematized

B, and if every rule for A is no more

in

the

stringent than the corresponding rule

introduction to the halakhic Midrash

for B, then a rule expressed for A that

Sifra

has no equivalent for Β is valid also for

his

"13

rules"

on Leviticus.

given

in

T h e p r o b l e m of

mini Vp, the first rule of R. Ismael.

518 Β.

C H A P T E R SEVEN the

water and I will remove sickness from

following qal wahomer in the name of

The

your midst." The switch f r o m third to

R. Yohanan only and points out that the

first person is awkward in any case. In

application here is not justified since it

the

is self-contradictory. The Yerushalmi

Sephardic incunabula print) it is spelled

seems to be of the opinion that in the

out: Do not read j i a i "He will bless" but

formulation given here, with "not more

yiai "and praise".

stringent" instead of "less stringent", the

Concordance of G. Lisowsky (Stuttgart

argument is logically admissible.

1958) takes the verse, as it stands, to

44

In the Babli ( 4 8 b ) and in the

mean "You shall serve the Eternal, your

(loc. cit.) this is given in the

God, and praise f o r your bread and

name of R. Nathan only. A verse from

your water, then I will remove sickness

Samuel (Biblical but not Pentateuchal)

from your midst."

Mekhilta

Babli

(21a)

quotes

Babli

(in

particular,

in

the

H o w e v e r , the Bible

One may recite a

cannot prove a commandment but can

benediction one one's bread and one's

prove a practice.

w a t e r only b e f o r e it is consumed;

45

a f t e r w a r d s one may speak o n l y

In the Babli and the Mekhilta, this

appears in the name of Rebbi Isaac.

nourishment and sustenance.

46

47

The f u l l verse seems to read:

"You shall serve the Eternal, your God,

In the Babli and the Mekhilta

of

this

is a inim bp of Rebbi Ismael.

then He will bless your bread and your

.lit? - n a v

ηρ nvnj? ν ϊ ψ

> 3 ? ? n n ί η μ ν >393 n n i n s y >333 rrç .rowN-i r o n ? -ni>? i w i o n yonnyri

pis

nn

.rnin ï y

n o i n w >333 n * "ta ^ w n y

Issisi

ON")

R e b b i Z e ï r a asked:

pis

ftpnv

.insy

innNçn πψ^γό

.v-jnN>i V33>

ni?»

. 0 > 3 - ì > N ^ t f l i t j p n J15")3)3

r í t a n n o s - ΐ Ν ψ ? n i N ^ y > o v >3-17 η η κ n n .nD"ja r i v i v o w i n

them?

in ν

>31

.nnND

ηψ^ψ? l i v o r i

rrç)

iD^y V3>

n y ^ y ? în

>ys>pçin·) . r o i - ι η Ν γ ο * ι 3

n*iinn r o - a n p b .τρί»

toDNy

.ΪΙΠΝ?

.-Ȕ^V-^

1ÏP3N

(foi. ι ib) » y ? l o i y t

in r n

inN

πύιν\ρ r i i ^ n n - ^

ινΨ

T h e s e t h r e e that a r e c a l l e d 4 8 , h o w a r e y o u t r e a t i n g

A s t h r e e w h o a t e t o g e t h e r o r as t h r e e w h o a t e e a c h o n e

for

519

HALAKHAH1 himself?

If y o u treat t h e m as t h r e e w h o a t e t o g e t h e r t h e n t h e first o n e

recites the b e n e d i c t i o n b e f o r e , t h e last o n e r e c i t e s t h e b e n e d i c t i o n a f t e r , and the m i d d l e o n e d o e s not r e c i t e a n y b e n e d i c t i o n at all.

If y o u treat

t h e m as t h r e e w h o a t e e a c h o n e f o r h i m s e l f t h e n e v e n the m i d d l e o n e recites benedictions b e f o r e and after.

Rebbi S a m u e l ben E u d a i m o n said,

t h e y did l e a r n t h e b e n e d i c t i o n s f o r t h e T o r a h f r o m G r a c e 4 9 o n l y in public50.

If in p u b l i c , t h e n in p r i v a t e o n e s h o u l d n o t r e c i t e

benediction!

Rebbi A b b a Mari, t h e b r o t h e r of R e b b i Y o s e 5 1 , said:

m a d e it e q u a l t o o t h e r c o m m a n d m e n t s o f t h e T o r a h .

any They

Just as o t h e r

c o m m a n d m e n t s of t h e Torah n e e d b e n e d i c t i o n s , this a l s o n e e d s a benediction52.

48

For reading the Torah in public.

right person to ask for the reasons and

Since t h e p r e c e d i n g a r g u m e n t s tied

the correct

b e n e d i c t i o n s over T o r a h r e a d i n g to

questions remain without answers, both

Grace, one has to ask in which way

practices might be a c c e p t a b l e .

they a r e c o m p a r a b l e .

the preceding paragraph and R. Zeira's

Megillah

In t h e Babli

21b t h e r e is a bardita:

r e a d i n g t h e T o r a h ) he w h o

"(In starts

practice.

Since

his

Both

question presuppose that private Torah reading requires benedictions b e f o r e

d'ibid

13 and

recites the benediction b e f o r e and he

and after, cf.

who finishes recites t h e b e n e d i c t i o n

Ezra F l e i s c h e r , riVon •'xaipn o ' v o p

after." On that, the Gemara notes: But

(¡ο) α' τ "jv faip ,πτ'ηη )a o^k-w-jhh

today, all recite benedictions b e f o r e

139-141, 188-189.

and a f t e r .

49

This "today" may be long

a f t e r t h e w o r k on t h e

rooa Chap.

Text of the parallel in

Megillah

Yerushalmi

4:1; the Venice print has here "bene-

stopped. In any case, the baraita seems

diction of 'invitation'", a scribal error

to r e p r e s e n t t h e e a r l y

pnnn for ρτηπ.

Babylonian

practice; we do not know of any direct

50

Yerushalmi source that let people read

object to reciting a benediction a f t e r

the Torah without benediction.

Rebbi

Torah study. Also, since Torah study is

Ze'ira, the Galilean head of academy

a permanent obligation (Jos. 1:8), one

who had come f r o m Babylonia, is the

benediction in the morning is enough to

R. Samuel ben Eudaimon seems to

520

CHAPTER SEVEN

cover all Torah study during the day

the Babli.

and e v e n i n g ; one does not h a v e to

52

r e c i t e a new b e n e d i c t i o n f o r study

b e n e d i c t i o n b e f o r e , not a f t e r t h e i r

a f t e r an i n t e r r u p t i o n .

execution.

The

prayer

Most commandments need only a

Thus, the bénédiction f o r

manuals of Yerushalmi type (see Note

the Torah in private study follows the

48) which have benedictions a f t e r the

g e n e r a l r u l e of b e n e d i c t i o n s

reading of Pentateuch, Prophets, and

commandments.

H a g i o g r a p h s r e q u i r e t h e s e only f o r

diction for the Torah b e f o r e

reading the Bible, not oral Torah study.

reading, Deut. 32:3, is clearly addressed

51

to t h e p u b l i c a n d , t h e r e f o r e , n o t

An Amora

of

the

fourth

generation who is never mentioned in

.V?Pî>? i3(3ri>3

IN 1 ?

T h e quote f o r bene-

ny^i

r n m

np->i

Ν-ΤΓ) ΛΝΚ>7 I O N

η η κ " p y p w >a->

1ΓΙΝ1 .V^V 1>?)3Î>? >T11D N"T Γ Π ρ Ν N I » !

l i y p w 13"Î . > 3 1 n a l

>jiîd n o i I » D .Ί2-1-Ϊ3Ϊ • τ τ

"If o n e a t e demay,"53

the

applicable to private study.

p a o uprpD p a o im>a

> O N n > o y i v i >ΝΚΠΠ ï y

over

Vn

N I N >3η n m :

··

τ : · s

.KID p a o

>J1Ì3 l O Í N !7ÍOÍ?»Í 13 · · · • - » · , ·

T h i s m e a n s t h a t , if o n e a t e p r o d u c e

which

perhaps w a s t i t h e d 5 4 and perhaps w a s n o t tithed, o n e i n v i t e s him.

Rebbi

S i m e o n , the brother of R e b b i B e r e k h i a h 5 5 : A t t h e t i m e w h e n t h e y w e r e instituting demai, houses56.

m o s t o f t h e u n l e a r n e d b r o u g h t t h e h a r v e s t i n t o their

Which one says that57?

"One i n v i t e s t h e Samaritan."

A n d is

that Samaritan not d o u b t f u l 5 8 ? Rebbi A b b a said, explain it f o l l o w i n g w h a t is s a i d 5 9 :

A S a m a r i t a n is l i k e a G e n t i l e , t h e w o r d s of R e b b i .

Rabban

S i m e o n ben G a m l i e l says, a Samaritan is like a J e w in all respects. 53 54

55

Quote from the Mishnah. Food of which terumah

and

He is not otherwise mentioned in

the Talmud.

terumah of the tithe were taken so that

56

The obligation to give

terumah

it may be consumed without incurring

and tithe starts when p r o d u c e

guilt

brought through the door of the house

is

521

HALAKHAH 2 (or barn). The expression h e r e implies

50%.

that most of the u n l e a r n e d f o l l o w e d

57

the rules and ate only produce that was

speak to our problem?

in order; only because of the severity

58

of the o f f e n s e of eating tevel was the

rabbinic rules, we cannot check on the

rule of demai decreed since a minority

status of their produce.

of uneducated did not follow the rules

59

f o r p r o d u c e sold; in t h a t c a s e t h e

R a b b a n Simeon ben G a m l i e l in t h e

probablity of having produce that was

baratta;

not in order was less than 50%. T h e r e

declares that Samaritans are counted as

is t h e r e f o r e no i n f e r e n c e possible for

Jews and no i n f e r e n c e is possible for

the problem under discussion, w h e r e

our case. The question is l e f t without

the probability of things being wrong is

answer.

"tv V ì r p y p n n ? τ ν

Which part of the Mishnah does

Since Samaritans do not follow

R e f e r r i n g to t h e o p i n i o n of

for him the Mishnah simply

,·)η>>ν V W V ? V!< o > 3 \ ? p i o m y i o>v)3 : i n j v e .ns>3D I V«fc " ì o ì n r mτ n > .. T

Mishnah 2: One does not 'invite' 6 0 women, slaves, and minors. W h a t is the minimum to 'invite'?

Down to the size of an olive, Rebbi Yehudah

says to the size of an egg 6 1 . 60

To recite the invitation aloud and

cannot know what was the position of

to count them f o r a g r o u p of t h r e e .

the Yerushalmi in that matter.]

[The Babli notes that women for them-

61

selves and slaves for themselves may

each person is at least the volume of an

recite Grace with "invitation"; we

average olive or chicken egg.

»a-i

i ? > p v >3-> η > - ρ v\yin> >1-1 o w ? γ \ o > p >3-) Λ r a b n

W 3 » p >OV >3*) -ION ο>?υρ

That the total food consumed by

η > 13

VP"?!?"!»? V *

.ΓΠ τ ψί£

ÍJ1ÍN y\tfÌV

1

> 3 1 0 W 3 l i » © >3") ί θ ' ? η > 3 1 ·)ίη>ρ >3-»

NA 13 MIN' >31 ΛΝΙΙ ÌJIÌN VV>IV PAO PAO ÍTIÍN I>WIY yop RVN ONW r

522

CHAPTER SEVEN

lOj?

N ^

H a l a k h a h 2:

.pn^it»?

π η r n t y y ? W W ΓΙ^ΨΓΙ >oi>

Rebbi S i m o n in the n a m e of Rebbi J o s h u a b e n L e v i ,

Rebbi Y o s e b e n Shaul in the n a m e of Rebbi: appendix for ten62. minor63?

DV>I

But did w e not state:

O n e m a k e s a m i n o r an

O n e d o e s not i n v e s t i g a t e a

Rebbi Y o s e said, o n e c o n f i r m s Rebbi S i m o n , R e b b i H a n i n a ,

Rebbi S i m o n in the n a m e of Rebbi Joshua ben L e v i 6 4 : it 6 5 is n e e d e d f o r t w o m i n o r s ; if h e is a m i n o r , o n e c o n s i d e r s h i m d o u b t f u l , if h e is d o u b t f u l 6 6 , o n e c o n s i d e r s him certain.

Rebbi Y e h u d a h ben Pazi in the

n a m e of Rebbi Yose: nine that look like ten 6 7 , does o n e "invite" only those that are certain? Also if a minor was a m o n g them?

62

The next Mishnah explains that

Rebbi Yose ben Shaul was a student

the formula of "invitation" for three is

of Rebbi.

"let us praise Him of Whose bounty we

Rebbi only.

ate" whereas for ten it is "let us praise

63

our God of Whose bounty we ate". The

quoted in Babli 47b:

question is whether the ten all have to

grew two pubic hairs may take part in

be male adults or whether they have to

'invitation', a minor who did not grow

be just ten males (of which nine are

two pubic hairs may not take part in

certain adults and the tenth possibly a

'invitation' but one does not investigate

minor as "appendix".)

a minor."

In the Babli

He transmits sayings of

One version of the full bar ait a is "A minor who

The other version is in

(47b/48a), R. Joshua ben Levi is quoted

Tosephta Berakhot 5:18: "A minor who

as permitting the tenth ( f o r reciting

can eat an olive may t a k e p a r t in

Grace) even to be a baby lying in a

'invitation', a minor who cannot eat an

crib. However, from the continuation

olive may not take part in 'invitation';

of the discussion here it seems that the

one does not investigate a minor." Most

Yerushalmi does not even consider

commentators r e f e r the Yerushalmi to

allowing a minor to join for the long

the version in Berakhot but it seems

form of "invitation" but only for Torah

clear that the Yerushalmi is based on a

reading or other public services.

text

close

to t h e T o s e p h t a

and

523

HALAKHAH 2 emphatically disagrees with the Babli,

one does not investigate but that the

cf. Tosephta Kifshutah,

boy should not look too young.

64

ad loc.

The entire text is also in

Bereshit

66

If he has reached the age, but we

rabba 91; there it says correctly "Rebbi

d o not k n o w

Yose said, one confirms Rebbi Simon in

g r o w i n g p u b i c hair.

the name of Rebbi Joshua ben Levi".

speaks of all other occasions where one

T h e l a s t p a r t of t h e

whether

he

started

The sentence

needs ten adult males, such as public

Tosephta the

prayer and Torah reading, but not of

mizwah),

Grace which depends only on whether

one can m a k e him t a k e p a r t in any

the child is able to eat an olive-size

c e r e m o n y t h a t n e e d s ten a d u l t s by

piece made of grain (in a country and

simply asking him if he is of age; one

time w h e r e c h i l d r e n w e r e

does not have to investigate if what he

nursed f o r b e t w e e n t h r e e and f i v e

says is true.

years.)

implies that

if

a boy

is on

threshhold of manhood (bar

The implication h e r e is

t h a t if o n e has a boy w h o

looks

67

usually

Where the Babli (47b) agrees that

younger than the age of puberty, one

one may recite the invitation formula

certainly cannot take him as tenth man.

for ten adults.

65

The Tosephta which insists that

o n i o N D > i 3 i n ç ? >t>i> ra-» > n i p n y i .nyiy'y

1 3 i p y ? >an - i o n n y n a »3*1

η>3θ ì j i ì n v ^ i v ί ο π η κ ->ni . r n ^ y ^

o w n HIS

ν κ ψ IN?

o w n JIN 0>*V?iN

i n i * V ^ V 1VR

T ? P i r n n v v w o w n ny

Î7Û

V T ^ o y 1 9 5 rin

Í3>N ΝΓΙί ΓΡ> ~\1QH

,«1>3p ì i i ì N V V ' V V N o w n r n s ν ό ρ ν κ ψ

.«)>?p ì j i ì n "ργήν

Rebbi B e r e k h i a h said that R e b b i J a c o b bar Z a v d i a s k e d b e f o r e Rebbi Yose: "What are w e dealing with?

T h e r e 6 8 o n e m a k e s h i m an a p p e n d i x

f o r ten, o n e should say that h e r e 6 9 o n e should m a k e h i m an a p p e n d i x f o r three.

S i n c e t h e r e o n e m a k e s h i m an a p p e n d i x f o r t h e m e n t i o n o f the

D i v i n e N a m e , here, w h e n o n e d o e s n o t m e n t i o n t h e D i v i n e N a m e , a fortiori a fortiori\

should o n e m a k e him an appendix." H e a n s w e r e d him: "It is not There, since they must m e n t i o n the N a m e 7 0 , o n e m a k e s him an

524

CHAPTER SEVEN

appendix; here, since one does not recite the Name 7 1 , there is no need to make him an appendix!" 68

In the case of public reading of

69

Reciting Grace.

the Torah, as given in the next para-

70

In an obligatory public service.

graph.

71

In private.

Nivalin

"17V

->ÇN

.«vit? i n i N v v ó y r n i n

i\?j7 »35

,<1>3t7 ì j i ì n v v n y r n i n

It has been stated:

One may take a minor and a Torah scroll as

appendix. Rebbi Judan said: So is the baraita:

One may take a minor as

72

appendix for the purpose of Torah reading . 72

But the Torah scroll is not a

baraita is close to a statement of Rav

human and one never will get by with

Huna in the Babli (47b) which there is

only eight adult males.

corrected differently.

The original

r m n > an"! N3in i i

*v?n n î u n

1 Ç N ΪΟ*ίΠί

ΝίΪΙψ H D "MON *ΤΠ

>?-» o y

»riy> 'ΓίΝηηψ m ^

ÍDSD N t o >3-1

v?©^ n!?i n n o " p ' p -»5

.«pit? iniN v v n v >ri)p>N£ OW? 1 ί Π > η ^ ΝΊΠ >O>

oyi n s n nq^oti .jmyy

When does one start to make him an appendix? Rebbi Avina said: Rab Huna and Rav Yehudah disagreed, both in the name of Samuel. One said, that he has to understand the nature of a benediction; the other one said that he has to understand to Whom one has to recite the benediction 7 3 . Rebbi Nassa said, many times did I eat with my father Tahlipha and my uncle Aninia bar Sisai and they did not recite the 'invitation' with me until I grew two pubic hairs 74 .

521

HALAKHAH 2 In t h e Babli (48a), this is t h e

best proof, it is shown that one never

opinion of Rav Nahman, another stu-

uses a minor as appendix f o r reciting

dent of Samuel.

Grace with 'invitation'.

73

74

Since report of an action is the

->3 ^ Ν ί η ψ >i-> » p i p - p y ? - p i p h n n>N-j . a n > n i p N y ? 1

~ \ q h p*ì> o»riv>i n a n$n>p Η1?

V3PÌJ? ID ? i o n

>a-> .ί>3)3ΐ)ρ >>

>> ποΛΧΗ

"»3

^ » ψ

,pn> - r n w n a n j / ψ π

.n£>v>

n o N p-i> η ψ ^ ν ή n s n ^ v y

Ί^ΓΙ N W I TÍ? N v y t

"V3ïf

V i P W lV? inç

S a m u e l bar Shilat 7 5 asked b e f o r e R a v , but s o m e say that it w a s a s k e d b e f o r e Rav S a m u e l bar Shilat:

N i n e a t e bread and o n e a t e v e g e t a b l e 7 6 ?

H e said t o them: O n e 'invites'. Eight ate bread and t w o a t e v e g e t a b l e ?

He

said t o them: O n e 'invites'. S e v e n a t e bread and t w o a t e v e g e t a b l e ?

He

said t o them: O n e 'invites'. Rebbi A v i n a asked: W h a t is t h e rule f o r half and h a l f 7 7 ? Rebbi Zeira said, as long as I w a s there, I w o u l d h a v e n e e d e d that. I regret that I did not ask.

75

A student of Rav who is regarded

as the ideal teacher in the Babli.

For

invocation of the Name. 77

Does one need a majority of those

nine years he did not have time to tend

who are required to recite Grace or is

his garden because he was caring about

it enough to have ten a d u l t

the children in his school.

The title

present. In the Babli (48a), Rebbi Ze'ira

"Ribbi" given him in the next sentence

is of the opinion that not only does one

is a scribal error.

need a majority but one even needs a

76

q u a l i f i e d m a j o r i t y and seven is t h e

Nine are required to recite Grace.

The tenth is only required to recite the

minimal number

short formula but he is there to form a

'invitation' with the Name.

q u o r u m of ten a d u l t males f o r t h e

males

for reciting

the

CHAPTER SEVEN

526 . r v p - p >n->7 rpri\D">yj N a b p p

mo

b ? i w i n i N >y? n>pn> >3*1

ini? nîi)? ο > ψ ρ η ι ΠΝΟ η υ ψ i ? l i y p w >η-ι >p>n iby i n n ? JiiNp w b y . N ? b p >N3> >33 n j w

n>b *v?>f

I P N i > 3 TIN i n > NbìS

.nri? i n b n s p N b ο>ν*ρπί n N P i

.nri?

TÏINP VWri l » y n P T Î ? Γ1ΝΡ TlbJ? Ν?Π ΓΡΝ

Νψ» η N3vpb bt.N . ρ ψ ρ η · ) π ν ρ y n n N n>b nbvj) . π η i p N*ba N W ! 77*7 1? ήνρνμ b n 7

.oy?·) N ? b p >n3? yp\y

o ì b ? n n n i p nn? Nb n>b n p i

>N3> >33 0 1 9 7 N3niD>P Ì P V l ^ ^ l V>3 >3n " p p b o "|>PV ΊΓΏ n o - n a τ η N?n

nirn

n b y n>b Ή Ρ Ν n P b n>> n p N η>π?7

N7pi

P * v n 3 γρ> m p N p b ? N

.·>τι>ηίΝ I P n 3 n i 7 3 i p p p

ρρίρ

-»pyi n i n i

η>ΓΡ1 ΝΓΙΝ1 Nb>p η' 1 ? η > η η n b y 7 3 n " b a N ν!? n>b *v?n: ,>b n » b ? N

. J ? p n y nob") n > b *v?n

. 7 p ? n b s ? n p ? n b i p >3

. o y t -»hy> "TÜ V ì i o y p ? >nn N ? n p p i n n p » p p n > v ? ì ' b y

N?bp p n

jpnrp np'?'! n>b - * p n

.n^y?

nppnn nyi p u p i

o > * p ? ? p a i 7 P P Ì 1 3 1 1 n b y b P : r r p n - p o 1 1 7 N ^ p o ? n>b ">pn b?Nv> p t p n b y 7 1 3 3 i p ì n o ? n o ? b y "1PN3 n p i n > b - > p n by 7 i n ? i p ì

.b?Ni n>b m n >

,n>p7> >n-»7 n>jiv?'y> n û > o p n>b n o ^ s t

i n i j n n ? n>b

>iby

.NJipbPì

. 7 n ; p b 7 n o ? n>b ιηη ·ίρΝ î^n p i ? -ry n > b " i p n

.bìD>>7 n>b ρ η η i p N

. i n > n r ) i >N3>

,u>?n

i n ìivpv) >n-i by v p > i n ìDni> >ηη n p N

n>P7>

p ^ n

ΐ3>?Νψ l i t p n

.η»3ψη b y i o n NnN >n*i . n j W N - i n b y ί ρ ν in

.n>b n o > w ? n ? i

b ? N Nb\{> >3 b y «in i n p y b p N i n y > n n b y >335 í > n D b i v b i j n v >nn o w n ν π ν ->n n p y ? n i nn'3rip

·*Φ?Ρ

IP

. N i i i y lib >3ri . n p p i r j p b > p

,Ν3Ί3>Ρ> ND>P p i

η Ρ 7 η > ν ρ ψ n>b 1 P N

.pIVl

.n>b n ? n í i o j i n

.bN^bpa 13 í i y p w ")ni.?

.D>p?o

V ? p í p ι>7 η>ξ?

.")>3pîp pn^ -rn^·) n a ο>3ψ >3πrn .117 n n ? b?N>y> l y i>by v ? p i p

.bN>bp? 1? p v p y ) i n i ? Rebbi Jeremiah asked: May he who ate vegetable recite Grace? Jeremiah seems to contradict himself 7 8 ! It has been stated: 300

Rebbi nezirim79

came in the days of Simeon ben Shetah 8 0 . For 150 of t h e m he f o u n d an

527

HALAKHAH 2

opening 8 1 , f o r 150 of t h e m he did not find an opening. H e c a m e to king Yannai and said to him:

T h e r e a r e h e r e 3 0 0 nezirim

w h o need 900

sacrifices. You should give half of t h e m f r o m y o u r side, I shall give half f r o m m y side. The king sent him 4 5 0 animals. An i n f o r m e r went a r o u n d and said that the other one had not given anything f r o m his o w n m o n e y . King Yannai heard about it and got angry. Simeon ben Shetah f e a r e d and fled 8 2 . A f t e r some time, important people f r o m the Persian e m p i r e c a m e to king Yannai 8 3 . At the meal, they said to him: W e r e m e m b e r that there was h e r e an old m a n w h o g a v e us a rabbinic discourse.

H e told t h e m

what had happened. They said to him, send and bring him! H e sent and gave him his word 8 4 ; he came and sat between king and queen. H e said to him, w h y did you trick me? H e said, I did not trick you; you with y o u r m o n e y and I with m y learning, as it is written (Eccl. 7:12) "In t h e s h a d o w of w i s d o m , in the s h a d o w of m o n e y 8 5 . "

H e said to him, w h y did y o u

disappear? H e said to him, I heard that my lord was angry with m e and I w a n t e d t o fulfill t h e v e r s e Us. 26:20) "Hide a little bit until t h e r a g e passes;" he used about himself (Eccl. 7:12): " K n o w l e d g e is an a d v a n t a g e , wisdom lets its possessor live." H e said to him, w h y did you sit b e t w e e n king and queen? H e said to him, it is written in the book of Ben Sirach 8 6 : "Esteem it and it will raise you and set you b e t w e e n princes."

H e said,

bring him a cup that he m a y recite Grace. H e took the cup and said: "Let us give praise for the food that Yannai and his c o m p a n y ate." H e said to him, are you still o b s t i n a t e as e v e r ?

H e said to him, w h a t should I say,

"for the food that we did not eat?" H e said, bring him s o m e t h i n g that he may eat. They brought, he ate and recited: "For the food that w e ate." Rebbi Yohanan said, his colleagues disagree with Simeon ben Shetah. Rebbi Jeremiah said, about the first action 8 7 ; Rebbi A b b a said, a b o u t the second action.

Rebbi J e r e m i a h s e e m s to c o n t r a d i c t himself!

T h e r e he

528

CHAPTER SEVEN

w o n d e r e d a b o u t it a n d h e r e 8 8 it is o b v i o u s f o r h i m !

He

wondered

f o l l o w i n g the Sages; it is o b v i o u s f o r h i m f o l l o w i n g R a b b a n S i m e o n b e n Gamliel.

W e h a v e s t a t e d a b o u t this:

If o n e w a s l y i n g o n a c o u c h and

a t e 8 9 w i t h t h e m , e v e n if h e did not eat grain t h e v o l u m e of an o l i v e o n e 'invites' w i t h h i m , t h e w o r d s o f t h e S a g e s .

R e b b i J a c o b bar A h a in t h e

n a m e o f Rebbi Yohanan: O n e n e v e r 'invites' a n y o n e u n l e s s h e had e a t e n grain the v o l u m e of an o l i v e 9 0 .

But did w e not f o r m u l a t e , "two b r e a d and

o n e v e g e t a b l e , then o n e 'invites'?" This baraita

f o l l o w s Rabban Simeon

ben Gamliel.

78

The contradiction

will

be

his original decision to become a

nazir,

e x p l a i n e d in t h e f o l l o w i n g l e n g t h y

this invalidates the vow retroactively

story.

so that no sacrifice may be brought.

79

P e o p l e w h o m a d e a vow to

82

In the parallel in the Babli (48ab),

abstain f r o m all g r a p e p r o d u c t s , let

Simeon ben Shetah went into h i d i n g

their hair grow, and kept themselves in

because Alexander Yannai sided with

strict ritual purity for a certain amount

the Sadducees when it was reported to

of time. At the end of that time, the

him that some Pharisees thought him to

nazir could terminate his vow only if

be unfit as priest.

h e o f f e r e d a s h e e p as

holocaust

83

D u r i n g all of t h e

Second

s a c r i f i c e , a f e m a l e s h e e p f o r a sin-

Commonwealth and c e r t a i n l y d u r i n g

offering, and a goat for a family

the reign of A l e x a n d e r Yannai, t h e

s a c r i f i c e (Num.

these

Jewish s t a t e r e l i e d on c o n t r i b u t i o n s

w e r e poor people who relied

f r o m the Jews in t h e d i a s p o r a , both

on charity to fulfill their obligations in

f r o m Rome and f r o m Persia ( t h e n ,

nezirim

6).

Most of

the Temple.

Parthia).

80

delegation brought the yearly subsidy

President of the Synhedrion in the

times

of

Alexander

the

Hasmonean

king

Y a n n a i a n d b r o t h e r of

It may be assumed that the

and, t h e r e f o r e , was in a position to enforce their will.

queen Shlomzion (Salome Alexandra).

84

81

would happen to him. In t h e Babli, it

An "opening of r e g r e t s " , an

argument that made the nazir

regret

That it was s a f e and n o t h i n g

was the queen, Simeon's sister, who

529

HALAKHAH 3 arranged matters.

Babli cannot be used for the text of the

85

Yerushalmi.]

Wisdom and money are equivalent

to give protection.

88

In his t h e o r e t i c a l q u e s t i o n he

re-

wonders, in his critique of Simeon ben

constructed with confidence, since the

Shetah f o l l o w i n g R. Y o h a n a n he is

manuscripts of the Babli and parallel

certain.

sources all have different versions.

89

87

That he tricked Yannai to give

manuscript, the Tosephta, (and the

the animals f o r sacrifices under false

Babli) "dipped ( s o m e v e g e t a b l e in

pretenses, even though formally Simeon

broth)". Both in the Yerushalmi, here

ben Shetah was correct.

and Nazir

86

This verse cannot

be

T h e second

In t h e M i d r a s h , t h e

Rome

5:5, and t h e p r i n t s of t h e

action was that he r e f u s e d to r e c i t e

Midrash, this is labelled "words of the

Grace without having eaten at least a

Sages." But in the Tosephta (5:20) and

minimal meal.

manuscripts of the Midrash (and in the

T h e t e x t h e r e is c l e a r l y c o r r u p t

Babli 48a), the statement is attributed

since by the statement of the Talmud,

to R a b b a n Simeon ben Gamliel.

Rebbi Jeremiah disagrees with Simeon

seems that the attribution h e r e to the

ben S h e t a h a b o u t t h e r e c i t a t i o n of

Sages is a s c r i b a l e r r o r s i n c e t h e

Grace. The correct text, that R. Abba

opinion attributed to Rabban Simeon

r e f e r s to the f i r s t action and R. Je-

ben Gamliel in the last baratta

remiah

the

one given in t h e T o s e p h t a and R.

Bereshit

Jeremiah is reported as following the

rabba 51. [In the Babli, 48a, it is R.

latter's opinion in the interpretation of

Abba the son of R. Hiyya bar Abba in

the story of Simeon ben Shetah.

the name of R. Yohanan who declares

90

that Grace cannot be recited by some-

Yerushalmi as explained earlier.

to the second,

is in

Yerushalmi source Midrash

one who did not eat bread.

But t h e

i p i N Νίτη

"v?ìn π ψ ^ γ ά

r n y y -τη*

.ÎD-U "»öiN NIDI r n ^ i i a

. m SIT a - »··n i N N i n i r i N oa * ·• :

. w n ^ Nf .

is the

In the restrictive spirit of t h e

*ts>? -pa;>

i n a i I O Ì N ΠΝΚΟ τ ·•

- · » · · • !

It

îm>»(foi. lia) rnyyj . N i a i - wr y^ ΤΠΝΊ τ r :

530

CHAPTER SEVEN

Nia·)?

.13*·$ -ÌOÌN N i n i l " ? 1 ^

prçin ì y ο > α ί ΐ ? η

níNian

iy<

^ í f !?ίατν>?

? l ì ? } -U?ÍN

WTI^N: ^

t p ^ i nniN

n t o r i p ç ? ι ο Ν ί ψ ν?-ιη>ρ b n p n I i i >a> i n i n >>>>atD .^ÍOVf/? V p m

iy

0>n"!7íf 1D-I3

Mishnah 3: How does one 'invite'? If there are three, he says: let us praise 91 . If there are three in addition to himself, he says: praise! 92 If there are ten, he says: let us praise our God. If there are ten in addition to himself, he says: praise! There is no difference between ten and ten myriads 93 . If there are a hundred, he says: let us praise the Eternal, our God. If there are a hundred in addition to himself, he says: praise! If there are a thousand, he says: let us praise the Eternal, our God, the God of Israel. If there are a thousand in addition to himself, he says: praise! If there are ten thousand, he says: let us praise the Eternal, our God, the God of Israel, God of Hosts, Who thrones over the Cherubim, for the food that we ate. Rebbi Yose the Galilean says, the praise has to be according to the multitude of the assembled, as it is said (Ps. 68:27): "In assemblies 94 praise God, the Lord, from the root of Israel." 91

The changes apply only to the

Galilean's, as explained at the end of

start of the invitation; in all cases one

the Mishnah.

continues with "Him, Whose food w e

94

ate".

that the difference between the Sages

It will be clear in the Halakhah

Since there are three without him,

and R. Yose the Galilean is in the

he may address them without including

interpretation of this word, whether it

92

himself.

means "assemblies", i. e., d i f f e r e n t

93

assemblies recite different praises, or

This is the majority opinion; the

rest of the Mishnah is Rebbi Yose the

"choirs" that all sing together.

N I - Q N » n >3*η ΝΠΝ "»3 api»? 'a"!} Í O ^ >31 .TMOÏl :> 713*71 (fol. l i b ) N O ? ΝΠΝ

npv? ^

V'W

·ρ">30

531

HALAKHAH 3

tC? n ) 3 b i

1 3 N » n > 3 7 n>>

V 3 7~>3? ι η κ ψ "pa .->173 Vî?7î?7>? VN ϊ χ íjiín

N3 1 3

V?lî?i3n")

77.3} n&Nì IT?1»

.ι:η3

Ρ

Γηηκ

. 7 ? ty i n i N V P ? ^ (foi. l i e ) v n 1 3 7 3 " i ç n v

>37> ΝΠΝ "13 3pi>? >3")

V?3

>37> « W Q Ì

-75

.ïmpii

H a l a k h a h 3: Clarification. Rebbi Zeïra, Rebbi Jacob bar Aha, Rebbi Hiyya bar Abba, and Rebbi Hanina the colleague of the rabbis, w e r e sitting and eating together. Rebbi Jacob bar Aha took the cup 9 5 and said "let us praise", he did not say: "praise!". Rebbi Hiyya bar Abba asked him, why did you not say "praise!" He said to him, did we not state 9 6 :

"One

does not insist on the formulation. W h e t h e r he says 'let us praise', or he says 'praise!', one does not criticize him, but the pedants 9 7 criticize him for that." Rebbi Zeïra felt badly that Rebbi Jacob bar Abba had called Rebbi Hiyya bar Abba a pedant. 95

T h e c u p of w i n e o v e r w h i c h

"nitpickers." The Babli (50a) interprets

Grace is recited. Since there were four

the Tosephta to mean that "praise!" is

s a g e s e a t i n g t o g e t h e r , the M i s h n a h

acceptable but not preferred; the Ye-

would

rushalmi s e e m s to a c c e p t

r e q u i r e that

h e start

with

"praise!".

Samuel's

statement (also Babli 49b) at face value

96

Tosephta Berakhot

5:18, Babli 50a.

97

The reading of the Arukh

is ρ Ί ρ :

n n r n i n n 11373 n n τ α » τ ρ π

that "praise!" s h o u l d not b e used in practice.

. t ^ s n ·)»

NViiö Ì)>N ΝΊΠ «IN 77i2)?n

m

w s i n >í>n - » ç n ï>ni»v>

Ì V 3 0 Ί13Ν >37

« 7 3 "VPiN Min

Samuel said: I do not want to exclude myself f r o m the group 9 8 . They objected: look at the benediction f o r the Torah where he says "praise!" Rebbi Abun said, since he will conclude by "the Praised One", he does not exclude himself from the group. 9 9

532 98

CHAPTER SEVEN In the Babli, Samuel is quoted as

Rebbi Ismael. The Babli (SOa) indicates

saying "nobody should exclude himself

t h a t in T o r a h r e a d i n g , t h e

people

f r o m the group" as obligatory ruling,

forced a d h e r e n c e to the opinion of R.

whereas here he is quoted as stating his

Ismael, a p p a r e n t l y a g a i n s t t h e r e -

personal preference for γ η ι against the

sistance of some rabbis (called "black

Mishnah.

vessels" by Rava) who p r e f e r r e d to

99

follow Rebbi Aqiba.

It is e x p l a i n e d in t h e n e x t

Mishnah that the benediction

for

It seems that R.

Hiyya bar Abba, a native Babylonian,

reading the Torah starts with "Praise

felt that R. J a c o b b a r Aha was fol-

the Eternal" according to Rebbi Aqiba,

lowing the uneducated, but in Galilee

and "Praise the E t e r n a l , t h e P r a i s e d

everybody f o l l o w e d Samuel and po-

One" according to Rebbi Ismael. Rebbi

pular opinion.

Abun indicates that p r a c t i c e f o l l o w s

2 V rP> - î ç n

. N t o n>> jï)d

by rp^)?

>3JH

.πηη

η TV I Oτ N I Ν Γτ Ο: n>Î7 I O- N - : -s •ΊΏΝ? Ρ

nir¡ Ni>pt

ΓΙΝ^

. n o• m a i n uτ n s - ! »τ "ΐπνι

^pìwn-!

. n - p j k >jpip

1

ρ ο ^ ο η ρ

1|> Ρ m

T

^rrj *

100

n > > *V?NÍ

i· ' m·· τ o: ύ ' Ν ΐ

.nnDnni

nsn

>7?

OÌDI:

>ri

.:yna τ

N¡??O > n v i

m Ν π υ ^ η η>ο-}> ι ι D i n a r i >2-1 I O N ,NS>

ρ ο ^ ο η

R e b b i A b b a bar Z a m i n a w a i t e d u p o n Z e i r a a n d m i x e d h i m a cup. H e 1 0 0 said t o him: Old man, m a k e the benediction, and h a v e the intention of d r i n k i n g a n o t h e r o n e , as w e h a v e s t a t e d :

The waiter m a k e s a

b e n e d i c t i o n f o r e v e r y s i n g l e c u p 1 0 1 but not f o r e v e r y m o r s e l . a n s w e r e d him:

He

Just as I h a v e t h e i n t e n t i o n of a b s o l v i n g y o u o f y o u r

obligation b y the b e n e d i c t i o n so y o u must h a v e the intention of a b s o l v i n g m e of m y o b l i g a t i o n 1 0 2 by "Amen". Rebbi T a n h u m bar J e r e m i a h 1 0 3 said, a Mishnah ( R o s h Hashanah

4:8) states this: T h e a b s e n t - m i n d e d 1 0 4 did not

fulfill his o b l i g a t i o n and h e w h o heard f r o m t h e a b s e n t - m i n d e d did n o t fulfill his obligation.

533

HALAKHAH 3 T h e last two words a r e not in

seems to be required by the following

the Rome manuscript and are probably

quote (which is formulated f o r sound-

dittography.

ing t h e shofar

101

obligations that may be f u l f i l l e d by

100

Since he cannot e x p e c t to get

another cup, he cannot

have

the

but is valid f o r a l l

listening.)

intention to m a k e one benediction f o r

103

A student of R. Mana II of the

more than one cup. On the other hand,

fifth generation.

in the opinion of the Yerushalmi t h e

104

waiter will always have occasion to eat

minded" but can also mean "practicing"

The word means usually "absent-

some food f r o m the kitchen, hence he

and t h a t p r o b a b l y is t h e

may make a benediction for the future.

meaning in this Mishnah, that one who

In the Babli (Hulin 107b), this bar ait a

blows the shofar in order to learn the

is a statement of Rav and is restricted

t e c h n i q u e c a n n o t by t h e s a m e a c t

primary

there to formal dinners. The Babli also

f u l f i l l his o b l i g a t i o n , n e i t h e r

quotes an opinion of the Galilean R.

anyone who h e a r s him.

Yohanan that for solid food also t h e

application, the i n t e n d e d m e a n i n g is

waiter cannot make a benediction f o r

"absent-minded." R. Abba bar Zamina's

the uncertain f u t u r e ; since this is not

implication

mentioned here one has to c o n c l u d e

benediction one must answer "Amen" in

that

order to make sure that the listener is

the

Yerushalmi

rejects

the

is t h a t

can

But in our

in h e a r i n g

distinction made in the Babli.

not a b s e n t - m i n d e d

102

explains the placing of this paragraph

All c o m m e n t a t o r s e x c e p t R.

either.

a

This

Moshe Margalit declare this passage to

here, following another one where also

be corrupt and that it should read Kg?»

one person recites G r a c e in order for

ηη3ίπ ' τ ; "fulfill your obligation"; this

all others (even a hundred thousand) to be freed from their obligation.

o w n n q n Ì71N >>>!?jn >oi>

n i l « ^nv

ION ."DI -IOIN riNon

"τπνι -iwy 7ΠΝ iniNWτ >03 nD^n ΊΟΝ Ν τΠτ .Nia-» -ivy *τηιο -ι\¿>y i nτ nr τ τ i τ" .· τ ν ΤΤ-: - τ ? » ν : ? * 5

.Niai

"If there are a hundred" etc. Rebbi Yohanan said, these are the words of Rebbi Jose the Galilean, but the Sages say "there is no difference between ten and ten myriads". Rava 105 said, practice follows him who states that there is no difference between ten and ten myriads.

534 105

CHAPTER SEVEN It seems that here an apostrophe

Yerushalmi, his full name is given as

is missing and the name is R. Abba who

Rava bar Rav Josef bar Hama in

is frequently mentioned in the Ye-

contrast to Babylonian material where

rushalmi, rather than Rava (Rav Abba),

his name consistently is only Rava]. In

one of the architects of dialectics in

the Babli, (50a) Rava is quoted as

the Babli who lived at the time when

saying that "the p e o p l e f o l l o w R.

the work on the Yerushalmi came to an

Ismael", i. e., there is no binding ruling

end. The latter is mentioned only once

in the matter but a silent consensus,

in the Yerushalmi [Beza 1:3 (fol. 60b)]

whereas

as Rebbi (!) Abba bar Josef [in the

Yerushalmi indicates a rabbinic ruling.

the

statement

in

the

parallel in the Babli, based on the

rny in?

i j n v > 5 1 o w n NO> r r n i o ra-> . r n ^ y Ν>πψ rrçy> ·)»})?

, ί η ψ ν IN? Ί η ^ ψ rny ηκ .rnyy ϊΗΊψ·> >an n>>

->3?. ι κ ί ι > ι - ρ η . r r j ^ y i n ? <)n . r n ^ y

B Ï O Y » > Î I I N ? ->)?NÌ3 N ^ r n y y IN? I N . r n y y

ι η κ ί ψ m y rin . r n y ϊ ? π > ^m»

l i n I N ? Ι Ώ Ν ? "pn'p >?"> DON -ti»Nn ηίη n o

. o > N a n rjiJi?

,γ»>Ν YAO Η>>> TIN *PN» ON >? LIA >A-> >3 ΊΙΟΝΠ Ì7N-W> >53 n n

.ÌJN*W> >3?

"»»Ν?-!

From where that "congregation" means ten people 106 ? Rebbi Abba and Rebbi Yasa in the name of Rebbi Yohanan: It is said here "congregation" and it says there 1 0 7 "congregation". Since "congregation" mentioned there means ten, so also "congregation" mentioned here must mean ten. Rebbi Simon said, it is said here "in the midst" and it is said there "in the midst" (Gen. 42:5): "The sons of Israel came to buy grain in the midst of those who came." Since "in the midst" said there means ten, so also here it must mean ten. Rebbi Yose ben Rebbi Abun said to him, if you deduce f r o m "in the midst", there are too many of them 1 0 8 . But it is said here "the children of Israel" and it is said there "the children of Israel."

Since

"children of Israel" said there means ten, so here it also must mean ten.

HALAKHAH 3 The discussion h e r e is to prove

ten spies who argued against entering

t h a t f o r a p u b l i c i n v o c a t i o n of t h e

the Land. There were twelve spies in

Name one needs a congregation of at

all; Joshua and C a l e b w e r e in t h e

least ten adult males.

The relevant

opposition; accordingly t h e r e were ten

verses are Lev. 19:2 "Speak to the entire

evil persons w h o f o r m e d t h e con-

congregation of the children of Israel

gregation.

and tell them: conduct y o u r s e l v e s in

108

holiness because I, T h e Eternal, your

the midst" must mean 6 0 0 Ό 0 0 a d u l t

God, Am Holy" and Lev. 22:32 "1 shall

males. In the Babli, Lev. 22:32 is used

be s a n c t i f i e d in t h e m i d s t of

the

to establish a formal parallel, known as

same

gezerah shawah, between this verse and

4:4,

the one from Genesis. The latter verse

1:4. The parallel discussion

is then used to arrive at the number ten

in the Babli, Megillah 23a, in the name

(since of the twelve tribes, Joseph and

of the first generation Rebbi Hiyya, is

Benjamin w e r e missing).

based on t h e s e c o n d v e r s e and is

Babli it s e e m s t h a t

intelligible only if it is understood as

tradition linking the two verses (since

r e f e r e n c e to t h e d e r i v a t i o n in t h e

in its opinion, gezerah shawah must be

Yerushalmi.

based on a tradition) and, t h e r e f o r e , R.

106

children

of

Israel."

The

discussion is r e p o r t e d Megillah Sanhédrin

107

"Here"

"there" to Num.

r e f e r s to Lev.

In particular, in Lev. 22:32, "in

From t h e

there

was a

19:2,

Simon is forced to quote a verse that in

14:27: "How long f o r

itself seems to be less a d e q u a t e than

this evil congregation", speaking of the

the one used before.

,n^>ni7i n ^ n f r ì n ? n t o n p n a

>th> » 3 1 7 Njpy\? i ^ i v n > > ¡ ? n n o

, 1 ' r p r f r n p n i ΙΓΏΝ

nna

r r i -ION

How do the Sages use the reason of Rebbi Yose the Galilean?

"In

assemblies", in each separate congregation. Rebbi Hanina the son of Rebbi Abbahu said, it is written n^npna109. 109

The opinion of the sages is that

the plural

"assemblies" points

same assembly. R. Hanina notes that in

to

R. Yose the Galilean's t r a d i t i o n , the

different assemblies at different places

word was written d e f e c t i v e and could

and not to d i f f e r e n t categories of the

be read as a singular n^npo "assembly".

536

CHAPTER SEVEN

Hence, if the word is vocalized as a

geographical name only in Num.

and

plural, it is an ideal plural that r e f e r s

that in Psalms, niVnpn is a

to d i f f e r e n t stages of the same as-

legomenon.

sembly. In all our sources, the word in

refers the verse in Psalms, in the name

Psalms is written piene to support the

of R. Meir, to the choir of children at

position of the Sages; the Masorah to

the Red Sea, a tradition more justly

Num.

attributed to Rabban Gamliel in Yeru-

32:25/26 (composed

several

centuries a f t e r the conclusion of the

hapax

The parallel Babli (50a)

shalmi Sota 5:6.

Talmudim) notes that η^πρ» appears as

τ η κ ι vai-»? τ η ^ J i t o s n j v m w s n n n rn>pì> >?ι ί ο ν :i m v o ( f o i . ila) . i n i a j p n * n i s » - α *H?ÌN

η*

ioìn

Mishnah 4: Rebbi Aqiba said, do we not find in the synagoge that one recites "Praise the Eternal" whether there are many or few? Rebbi Ismael says, "Praise the Eternal, the Praised One!"110 This Mishnah is sequel to the

between the two a u t h o r i t i e s a l r e a d y

preceding one and presents the argu-

was discussed in the preceding Hala-

ment of the Sages against Rebbi Yose

khah.

110

the Galilean.

The d i f f e r e n c e in text

m a *V3Ni N j v n i i o n p p o p ' w n na N » n >?i .7u>pi» » a i ? J ' n ^

.n>iì£)-)N α ϊ

1

VV? » ·ν"!0ΐ33> *n>nì pj>n? 1WN p i

n a ï n (foi. lie)

-içn ηυιρ^ιψ'η v v ?

H ^ P D

ION

o i p p s iflb > i p p o p io T >y\ ί α N>>n >3-»

ION r p i i p j ^ n

Halakhah 4: Rav Hiyya bar Ashi rose to read in the Torah and said "Praise the Eternal," he did not add "the Praised One!" They wanted to silence him. Rav said to them, let him, because he follows Rebbi Aqiba 111 .

537

HALAKHAH 4

Rebbi Zeïra rose to read as Cohen in place of a Levite and recited the benediction before and after. They wanted to silence him. Rav Hiyya bar Ashi said to them, let him, because that is their way of doing it 112 . The title "Rebbi" found twice in

Rav Ada was one of Rav's students,

the text is a scribal error; Rav Hiyya

ranking much b e l o w Rav Hiyya bar

Bar Ashi never went to Israel.

Ashi, the reading has to be rejected.)

111

It seems that Rav, when he returned to Babylonia

f r o m his s t u d i e s

in

112

This second story d e a l s w i t h

another subject. The original practice,

Galilee, followed the Galilean order of

as spelled out in the Mishnah

prayers. [Even centuries later, we still

3:1, was that the first to r e a d in t h e

f i n d t h a t Rav's Y e s h i v a h in S u r a h

Torah pronounced the

followed the minhag

in

before the reading and the last one the

reciting liturgical poems in the prayers,

benediction after the reading. Even in

whereas the autochthonous Yeshivah of

Mishnaic times it b e c a m e c u s t o m a r y

Pum Beditha (Nahardea) never recited

that e v e r y r e a d e r r e c i t e d his o w n

them.] Rav Hiyya Bar Ashi became a

benediction.

member of Rav's Yeshivah but kept the

read his p o r t i o n as C o h e n ; in t h e

old Babylonian minhag following Rebbi

absence of a Levite he was c a l l e d a

Aqiba.

second time to read and he started by

students

Eretz

Israel

Rav had to e x p l a i n to his that

this

way

also

is

Megillah

benediction

Here, R e b b i Z e ï r a had

reciting the benedictions again.

It is

acceptable. T h e parallel in the Babli

reported in the Babli ( A v o d a h

Zarah

(50a) tells a similar story about Rafrem

16b) that R. Zeïra studied some time in

bar Papa, a student of Rav's student

the Yeshivah of R. Hiyya bar Ashi

Rav Huna; there, Rava notes that even

a f t e r having been o r d a i n e d by Rav

in Babylonia "the people follow Rebbi

Yehudah and before his immigration to

Ismael."

This s h o w s t h a t

Galilee.

practice

was

settled

common

only

three

generations a f t e r Rav. (The Rome ms. has "Rav Ada" instead of "Rav". Since

T h e a c t i o n of R. Z e ï r a ,

therefore, reflects the practice of the Yeshivah of Nahardea.

538

CHAPTER SEVEN

o w ? it?7ia

,i!nia NID n ç a

l a j w i n » > a i oyv? ON3>3 >a-I -ION τ : · · - τ

. i m a n ο>ΓΪ!?ΝΙ * TIN Ν Ί ^ Τ ) ? ? ! a>ri3 >ai . n a i ^ a ttiia ->ON r o n n a i

.vniaon

. n τw:v ! ?: n ïτ m a: n- m n ·nν:nνwν n îτ m a: n- JIOÍD >VÔN R>P3 n oτ bτ ν ν : ·* : »s ·

tJNii d o n Γρρ-ρ .Niian) -rópan f i l a r i bNn nb>?jp ϊ ψ

VPJX1 η ψ ο

*iia>a i m p' :b· ΠΝ3 m b -óa>an -»ON no!? .N-mn ION NVI "iia>an I m aτnν τ · - τ τ τ τ » - τ · Γ Ρ Ι Ν ^ Ν N 1 Í 3 ")>ΝΨ

-»ON N B N Q ^ i

.ρπίν)·) LAIIN NÍSIN Ν ΐ Η Ψ

Ν ^ Ί ΝΊΎΗ"! BIIAN !?ΝΓΙ 7 0 N ÎWOL . ^ ^ I P O O 0 > Ί Ί ^ Ν Ί Ύ LÖIFLV VNPON .NIIANI -«ON NÇBI

. Ú R M ? N>N ID>N Î N B I P ? V I I W A VJG NIACIN ->ÇN

>y»n v t o j w i v ? i .viNn î ^ a a a u b ηψί/ψ η ή ο ί ΐ ? ν τ ο niip!? η ι ο η φ - wτ τa i . l oτi a n- i: -óa>an binan BNN .niWvb n bτ n a: n- TIN m n n n rtman JitOD · τ - τ τ : ν τ : ? τ :

VV1V

1? Ρ0? ν

"»on .ibbn onai^ .to

I*1*!? Oís la γ>> 071

13>NÌ not* Ί ^ π ^ ψ o»N>a?n in

It is written (Neh. 8:6): "Ezra praised the Eternal, the great God." In what did he declare Him great? He declared Him great by the Explicit Name 1 1 3 . Rav Mattanah said, he declared Him great by a benediction. Rebbi Simon in the name of Rebbi Joshua ben Levi: Why are they called the Men of the Great Assembly 114 ? Because they returned the Crown to its f o r m e r status.

Rebbi Phineas said, Moses fixed the formula of

benediction, (Deut. 10:17) "the Great, Strong, and A w e s o m e God." Jeremiah said (Jer. 32:18): "the Great, Strong God," but he left out "Awesome." Why did he say "the Strong"? He may rightly be called strong because He sees the destruction and is silent. And why did he not say "the Awesome"? Awesome is only the Temple, as it is said (Ps. 68:36): "Awesome is the Eternal from Your holy place." Daniel said (Dan. 9:4) 115 : "the Great and Awesome God," he did not say "the Strong"; His sons are put in neck-irons 1 1 6 , where is His strength?

Why did he say: "the

Awesome?" He may well be called "the Awesome" by the wonders He did for us in the fiery oven. But when the Men of the Great Assembly came,

539

HALAKHAH 5

t h e y r e s t i t u t e d G r e a t n e s s to its f o r m e r p l a c e , "the G r e a t , S t r o n g , a n d A w e s o m e God." D o e s f l e s h and b l o o d h a v e p o w e r t o set l i m i t s in t h e s e matters?

Rebbi Isaac b e n E l e a z a r 1 1 7 said, t h e p r o p h e t s k n o w that their

G o d is Truth and t h e y will not f a w n b e f o r e him. 113

T h e name YHWH p r o n o u n c e d

intended to buttress the a r g u m e n t of

with the correct vocalization that is

Rav Mattanah.

unknown to us.

115

114

The parallel is in Megillah

3:8;

The same expression is used by

Nehemiah, Neh. 1:5.

in Babli Yoma 69b it is spelled out that

116

Latin collare "neck-iron."

Rav Mattanah means t h e f i r s t bene-

117

T h e r e were two sages of this

diction of the 'Amidah that contains the

name, one a student of R. Yohanan and

sentence "the Great, Strong,

and

the other in the fourth g e n e r a t i o n , a

Awesome God" chosen by the Men of

colleague of R. Mana. In the Babli, the

the

statement is attributed to R. Eleazar.

Great

Assembly,

and

the

observation of R. Joshua ben Levi is

p i n y a * i t < p i p > n>> v n ^ - i ·)3>ν n n > p . o n v y y ιη>ψ M i s h n a h 5:

V P ^ r o IJ>N r n ^ y i

rrçôîrçj :n m v e (foi. ι la) . r n y y -r:y v p ò n ? n y w

n^oo

T h r e e w h o a t e t o g e t h e r are not p e r m i t t e d t o s p l i t 1 1 8 ,

neither are f o u r or f i v e . Six m a y split and so o n up t o ten. T e n m a y not split and s o o n unless they are t w e n t y .

118

Since t h r e e t o g e t h e r a r e r e -

Nine may form three groups, but ten

quired to recite the "invitation" where-

are required to recite the "invitation"

as two or one do not r e c i t e it; t h e

w i t h an i n v o c a t i o n of t h e

minimum n u m b e r r e q u i r e d f o r t w o

Hence, 10 to 19 people in a group may

separate r e c i t a t i o n s of G r a c e is six.

not split in the recitation of Grace.

Name.

540

CHAPTER SEVEN

1*1 , π ι ψ ϊ ψ Ί ο ^ η

royi m ^ a awvì

n>n >?ri :n n a ^ n ( f o i . i l e )

, - i n n i3>N -ION t J N ì o ^ ì . i n n I O N

Halakhah 5: It was stated: If one was eating sitting down on Sabbath and forgot and did not mention Sabbath, Rav said: he must repeat, and Samuel said: he need not repeat 119 .

119

In the parallel in the Babli, 49b,

consequence of it being Sabbath and

the

opinion of Samuel is not men-

the Sabbath has to be mentioned in

tioned; even Rav Nahman, the student

reciting Grace. Samuel might be of the

of Samuel, is reported to f o l l o w the

opinion that anything not mentioned in

ruling of Rav.

the verse Deut. 8:10 cannot be a reason

Later commentators

state that, since on the Sabbath one

for repeating Grace.

may not fast, eating on the Sabbath is a

VN " v ^ n

ρ ΰ Ό ,v>7in \ y f ó by) - p ^ n p?t> ρ η ν >a-) o w ? n i - α ή ν ρ ν

«Hin v)Ni lia? ηοιη

ia

. i n i N ΐ η η η © ">>3\n H b on") >niN>?n ON") y r n o n ν ν »

rjns

.v^ai

n s ^ N .íjiín m n n o

" i ^ D Î ? îp"!* "Wio n s w n lia? η ο ί η .ìjiìn m n n n

IW-^?!

ta ν«

Simeon bar Abba in the name of Rebbi Yohanan: If one is in doubt whether he mentioned the New Moon or did not mention it, one does not make him repeat 120 . They found a dissenting statement: On every day that has a Musaph

sacrifice (e. g., the day of the new moon and the

intermediate days of holidays,) he must mention the occasion and if he did not mention it, one makes him repeat. But on every day that has no Musaph

sacrifice (e. g., Hanukkah and Purim,) he must mention the

occasion but if he did not, one does not make him repeat. 120

In the Babli (49b) there is a

the name of Samuel that, if someone

similar statement by Rav Nahman in

forgot the day of the N e w Moon in

541

HALAKHAH 5 reading.

Grace, one does not m a k e him repeat.

According to the Babli, one

A c c o r d i n g to t h e Y e r u s h a l m i , t h a t

does not have to repeat even if he is

seems obvious as the opinion of Samuel.

sure that he did not mention the day;

However, the mention of Samuel is not

according to the way the Yerushalmi

in the Munich manuscript of the Babli,

q u o t e s t h e f o r m u l a t i o n , o n e has to

and the Spanish incunabula p r i n t s of

repeat even if there was only a doubt

Berakhot

that he did not mention the day.

Babli have "Rav" instead of

"Samuel"; this seems to be the correct

,n>>

D|3 p p - D i

·))? , Ν Γ Ι ΐ ψ ? V>DN ΠΓ) Ν » Τ 1 Γ ) ί N 1 N

V i p n i V?"!i?>P >3-η N 3 i n

. u p - i a i n ? ΗΪΪ Dw? N3 r n ρ

ΠΠ15)? 1Γ13 -»yçf -IOÌN

.ρρ-α lwnP^N

-ION Ν1? . Ν π ι ψ ΐ

ty

ΤΡ^π

•invi ü ' p n

">tD

ΐηρψ^-τ

Γ Ο ψ l " ì O W 3 D I 10)ϋ Γ Ρ ρ η ? p i i n v i p o n y ? 13

H a n a n bar A b b a and t h e c o l l e a g u e s w e r e e a t i n g o n Sabbath. t h e y had e a t e n and recited Grace he g o t up and left. he f o u n d t h e m reciting Grace.

13Π

After

W h e n h e returned,

H e said, did w e not r e c i t e G r a c e a l r e a d y ?

T h e y said t o him, w e recited, but n o w w e recite a g a i n b e c a u s e w e f o r g o t t o m e n t i o n t h e Sabbath.

Rebbi A b b a in t h e n a m e o f R a v 1 2 1 H u n a ( R a v

Jeremiah e x t e n d s it in t h e n a m e of R a v ) did n o t s a y so: m e n t i o n the Sabbath, h e says: H e

122

If he f o r g o t t o

W h o g a v e rest t o H i s p e o p l e Israel.

H e r e 1 2 3 if he t u r n e d 1 2 4 his m i n d a w a y , t h e r e if he did n o t turn his m i n d away.

121

The titles of Huna and Jeremiah

123

One has to r e p e a t if he turned

must be Rav, not R e b b i as in t h e

from reciting Grace to oiher activities;

Hebrew text, since the entire discussion

one recites an addtional benediction if

is between students of Rav.

he realizes the omission b e f o r e he has

122

The full benediction would be:

finished. The Babli (49a/b) gives the

Praised are You, Eternal, our God, King

full text of this b e n e d i c t i o n and t h e

of the universe. Who gave . . . .

corresponding one f o r holidays, but

542

CHAPTER SEVEN

there it is authorized only (in the name

Yerushalmi.

of Rav) if one realizes the omission

124

before one starts the next benediction.

in the Babli as n'on ; » or π were in-

This certainly is not the position of the

audible in Babylonian spcech.

i n ì S -ODO V > ? Ì N

»'on "he moved away", appears

>3 ty η κ rpyja ν ? > 0 ) ? ^ π ψ O*TN

*Tnw

>3

IN

.Njrnia:? N n a r £

ìayp

η η ψ ν "»ari

.ΊΟ**»!? rpnjp *τπί*") " τ η κ Ί ? ?

>ι~» .D'PID >Ι> ï y ^ Ί ΐ ρ τ η κ ί η ^ ν " ο ? η

It is stated 1 2 5 : Ten people walking on the road, even if all of them eat from the same loaf, each one recites Grace for himself. If they sat down and ate, even though each one eats his own loaf, one recites G r a c e for all of them. Rebbi Jeremiah "invited" his colleagues at an inn 126 . 125

A similar text appears in Babli

42a and Tosephta Berakhot

5:23.

In

recited in common in the opinion of the Babli.

both these texts, the second sentence

126

reads "if they sat down to eat"; this is

pays for his own meal (or, if the

interpreted in the Babli to mean that

hostelry has no restaurant, eats from

they are sitting together by a common

his own provisions) in an inn and, also,

decision. Hence, they form a group and

that the formation of the group is

have to recite Grace together.

casual rather than planned.

The

It is assumed that everybody

Never-

language of the Yerushalmi, "they sat

theless, they have to recite Grace

down and ate," points to a spontaneous

together; see the preceding note.

act that would not require Grace to be

VNiT

i m ? ι π ν n > n ? V > ? ì n ν η ψ η ν ν α π 'Γΐψ i n } on·}

η : π o>5

tain}

"|Γΐ»ψ iv

,·ρ»η!? Ρ ? " ! ] ? ? » ϊ ^ ν p » n ïy

V?"i¡?>? W l

r o v e (foi l i a )

n.n ·")>??*!> V P P Ì P

D>"!>?ÌN D>ODC)ì

543

HALAKHAH 6

Mishnah 6: Two groups that ate in one house, if some of one group saw some of the other group they join in "invitation"; otherwise, each group recites the "invitation" for itself. One does not recite a benediction over wine 126 unless he added water; these are the words of Rebbi Eliezer. But the Sages say, one may recite the benediction. 126

I n s t e a d , o n e uses t h e b e n e d i c t i o n " C r e a t o r of t h e f r u i t of t h e t r e e , "

a p p r o p r i a t e for fruit juice.

0>J13

t
O W ? N V m 1 3 N 3 N >3*η Γ φ > >3*1 Λ TDVti (fol. I l e ) ,ΓΟ » ΙΙΟ

Halakha 6: Rebbi Jonah and Rebbi Abba bar Zamina in the name of Rebbi Zeïra: For two houses, there is a problem 127 . 127

T h e Mishnah gives t h e rule f o r

only n e e d e d

f o r two houses,"

the

two groups assembled at d i f f e r e n t

i n f e r e n c e being t h a t if t h e y s e e o n e

places in one house.

another they can join in saying G r a c e .

T h e p r o b l e m of

t w o g r o u p s w h i c h e a t in d i f f e r e n t

T h i s t r a n s f e r s t h e m e a n i n g of

h o u s e s b u t s e e o n e a n o t h e r is n o t

bylonian Κ3ΉΧ ("it is necessary") to t h e

t r e a t e d and one may m a k e a r g u m e n t s

P a l e s t i n i a n e x p r e s s i o n n s i ï i ("it is

both ways. {Tosaphot in Babli 50b read

problematic") used here!)

Ba-

t h e s t a t e m e n t as : "[The M i s h n a h ] is

.1? ii3>p b y n j i w o n y ^ n ι ο ? ? ? ^ » i n ) ^ n v >1*1 I O N

Rebbi Yohanan said, it applies only if they entered with that in mind 128 . 128

R. Yohanan r e f e r s to the Mish-

caravan t r a v e l l i n g t o g e t h e r , discussed

nah: T w o groups not in the same room

at t h e end of t h e p r e v i o u s H a l a k h a h .

may recite common G r a c e only if they

However, since it is n e c c s s a r y to state

started the meal with that intention.

this r u l e f o r p e o p l e in t w o d i f f e r e n t

T h i s c o r r e s p o n d s to t h e o p i n i o n of

rooms, it f o l l o w s that t h e Y e r u s h a l m i

Babli and T o s e p h t a in t h e case of t h e

does not r e q u i r e c o m m o n i n t e n t f o r

544

CHAPTER SEVEN

people in one room; R. Yohanan agrees

in the preceding Halakhah.

with his student's student R. Jeremiah

ON 1 0 N 3 ,0>Γ1^ >}γ>3 IN "ΤΠΝ Jl?33 c p p i o n>?i T 3 >a"! ."P^N b y j

VN

ty

13V TIN ΓΙ30 W W

°Ni

to'*

l o w ΝίΓη N ^ m O

V^H to'N

N>V>5«? Ν)ΠΓ) ty Π η ί Ο Ν ^

What do you do with those at the house of the patriarch, like o n e house or like two houses 1 2 9 ?

Let us say that if they usually walk over

from one group to the other then they "invite" together; otherwise they do not "invite" together.

Rebbi Berekhiah used to place his speaker in the

middle of the door of the house of study and he recited the "invitation" together with both groups 130 . 129

The Babli (50a) notes that at a

another. The question is whether the

dinner in the house of the Resh Galuta,

room acts as a common enclosure for

the head of the Jews of Babylonia, one

all these groups or not.

recites Grace in small groups since the

130

place is so noisy that one could not

taken in two adjacent rooms. A similar

The meals in the Yeshivah were

hear a person at the dais reciting

note in the Babli (50b) states that if the

Grace. Here it seems that the Patriarch

same waiter waits upon several groups

held his formal dinners in a very large

in a very large room, the waiter makes

hall with several groups forming

them one group.

circles and not communicating with one

o n p i N cpoDrn

>3-» n i l o>&

νη»ψ TV ì??D

W

"ny»>N >3"!> c p n D n o n i n t o > ? n 13 ·>χ>ν >3"! OY>3 Ν£>-Κ ' 3 Ί N t o 1ΠΓΙ3 l i a n p p r i î Ν 0 3 o y o r r ç v >3*yj 10>>v 13VV

. N i r r ç r î r ç o > » iDiri> i r i i i Ν ΐ η ψ r o ñ a ,D3i> >3"HN n j > > 9 n o i > >317 N t f ? > »

ν ρ ψ η η π ί ν / η >arim

ot

N i m -in>ri VN

©toa .Nyn>î?7 n b ii?ri>pi

.ritorin > > ? 3 ι Λ ψ N i n i i j n v >3-) DON . W N n a 107 n b ^ n

545

HALAKHAH 6

"One does not recite a benediction over wine unless he added water; these are the words of Rebbi Eliezer. But the Sages say, one may recite the benediction." Rebbi Zeriqa in the name of Rebbi Yose ben Hanina: The Sages agree with Rebbi Eliezer that one has to add a small amount of water into the cup used for Grace 131 . The rabbis do so for the

Qiddush

cup. The statement of Rebbi Yose disagrees with Rebbi Jonah, for Rebbi Jonah tasted it and restored it 132 . If you imply that it was mixed, did we not formulate: He who drinks mixed drinks that were standing through the night, his blood is on his head. Rebbi Yohanan said, that is only if it was standing in metal vessels 133 . 131

Because that is the civilized way

Qiddush

cup, how could he l e a v e it

of a c t i n g and r e l i g i o u s o b l i g a t i o n s

standing half full through the night?

should be executed with dignity.

133

132

in the Babli ( N i d d a h 17a); t h e

Rebbi Jonah tasted from the cup

for Qiddush

of Friday evening, then

The last two statements are also bardita

is very close to the text in Derekh

left the rest standing in t h e cup and

Rabba,

" r e p a i r e d " it t h e n e x t m o r n i n g

sources give a list of things that a r e

by

C h a p t e r 11.

Erez

Both of t h e s e

filling it again with more wine. As will

d a n g e r o u s to one's h e a l t h .

In t h e

be explained later in this Halakhah, a

Yerushalmi, the statement

of

cup that has been drunk f r o m cannot

Yohanan answers the question raised:

be used for another benediction; hence,

R. Jonah might add water to his wine

it has to be replenished. T h e question

as long as his cup was not of metal.

R.

is, if R. J o n a h put w a t e r i n t o his

VP>>

ino

v n d » ) w n i i j n v >a-> o w n

•Vn>a i o a i n > p i * Ν ί η ψ y n y j m

. n ^ π>3>η y n w W

. i s V3>y i r i m » ryn*·; ,n$\p ΐ η > ψ η ρ

Rebbi J e r e m i a h

134

un

.rp*u by oíd?

n n i a ? (foi. l i d ) r n

in the name of Rebbi Yohanan:

unny

The first

generations asked whether the left hand may help the right hand with the

546

CHAPTER SEVEN

cup used for reciting Grace. You may infer from this three things. infer that one must hold the cup with his right hand

135

You

, that one's hand

must be lifted from the table at least a hand-breadth 136 , and that one has to look at the cup 1 3 7 . 134

The parallel s t a t e m e n t in the

Babli (51a) is in the name of R. Hiyya bar A b b a .

T h e i n f e r e n c e s a r e not

right hand. 136

For a lesser height than a hand-

breadth (one sixth of a cubit), no help

given there but they follow f r o m the

would be necessary.

parallel to the next statement.

137

135

necessary to lift the cup during recital

If the left hand only is required

to help, the main action is done by the

. r m o i .*Y»v»y pan

,->ÌV»V V3V

o> ·))3γι a>ji3 η*? ρ

TO*U

o b ?

O t h e r w i s e , it w o u l d not b e

of the benedictions.

vijpïo o > * m η ^ ψ

·Λ

κ η κ >a->

τι™ pitrça

njv'wy o n ϊο>5Γ) r n

V ^ y i

.ίνιρψο?

.rvpn

.Nari Dbivn) m n o!?iyn νή>> nDit t i n .πψ-ρ o i i ^ l Rebbi Aha said: Three things were said about the cup of Grace: full, decorated, and washed.

All three c o m e from one verse (Deut. 33:23):

"Naphtali is satiated with goodwill, full of the blessings of the Eternal." Satiated - decorated 138 , goodwill - washed 1 3 9 , full as its acception. Rebbi Hanina said, if you did so, what is written there: "West and South his inheritance," you merit to inherit this world and the world to come 1 4 0 . There are d i f f e r e n t lists in the

( l a r g e r ) c u p of b e n e d i c t i o n

with

Babli (51a); one also mentions "de-

smaller cups that p r e s u m a b l y

were

corated" and d i f f e r e n t interpretations

filled with wine.

are given. Rav Yehudah is reported to

pretation seems to be the one original

have s u r r o u n d e d h i m s e l f

w i t h his

with the Yerushalmi which identifies

students when he recited Grace over a

satiated with decorated, i. e., more than

cup of wine; Rav Hisda surrounded the

enough wine to fulfill every desire.

138

This second inter-

547

HALAKHAH 6 139

So that e v e r y b o d y would wil-

the incongruence of Naphtali inheriting

lingly t a k e the cup and drink f r o m it.

West and South w h e n in f a c t his

The Babli is a little more explicit and

territory was the North-Eiastern corner

requires "rinsed and dried."

of t h e Land of Israel.

140

This homily is given in the Babli

allusion cannot be meant to d e s c r i b e

in the name of R. Yose ben R. Hanina;

his territory but is either a geographic

R. Y o h a n a n s a y s t h a t h e is g i v e n

a m p l i f i c a t i o n or r e f e r s t o a n o t h e r

boundless property. Both seem to note

world.

?15>>?

jpN

iniyo"!

ta

.10313

.V^

κη>ψ Τ Ί * )

Hence, the

V * OW3 0 Ì 3

ION

v b y i p - i n p VN o w a o t o

ypy

, η ^

Rebbi Eleazar said: O n e does not recite benedictions o n a d a m a g e d cup. If o n e t a s t e d f r o m it, h e d a m a g e d it.

You m a y infer f r o m this three

things. Y o u infer that o n e d o e s not recite benedictions o n a d a m a g e d cup. A n d that it m u s t c o n t a i n a m e a s u r e .

A n d if o n e t a s t e d f r o m it, h e

d a m a g e d it 1 4 1 .

141

Two of the three statements are

exactly what Rebbi Eleazar said.

have been to derive the necessity of a

The

minimal volume of wine from the next

only i n f e r e n c e to be drawn f r o m t h e

paragraph which implies t h a t if one

fact that

be

does not have enough wine for Qiddush

"damaged" is that it must contain a

the cup should

both Friday night and Sabbath morning

minimum measure (a revi'it, a quarter

one l e a v e s all t h e w i n e

log) to be valid. In the Babli (Pesahim

morning. Otherwise, one simply could

1 0 5 b / 1 0 6 a), t h e d e r i v a t i o n is both

divide the wine and drink the volume

from the argument given here and from

of a liquor glass each time. The order

a bardita

of topics here does not e x c l u d e that

a b o u t Havdalah

not

a f t e r the

Sabbath. The parallel argument would ηψπρ ν π ν -»3 n p v ?

for

the

this also is the Yerushalmi reasoning.

nia?!? o - r i p o i » n * m ? τ τ ν

o v o r i >?•) i ç n

a w ? n p v r n o v n T i n ? ι τ η >N , o i » n •ì??n n ? N * m a i o w ? η υ ν

ηριίρ -a

548

CHAPTER SEVEN

Rebbi T a n h u m bar Y u d a n said: T h e h o n o r of t h e day t a k e s p r e c e d e n c e o v e r the h o n o r of the night. o v e r the Qiddush

T h e Qiddush

of the day.

of t h e n i g h t t a k e s p r e c e d e n c e

W h a t is the h o n o r o f t h e day? R e b b i Y o s i

in the n a m e of Rebbi Jacob bar A h a , and R e b b i E l e a z a r bar J o s e p h 1 4 2 in t h e n a m e of Rav: "He W h o created the fruit of the vine. 1 4 3 " 142

An otherwise unknown student

referred to in the Babli euphemistically

of Rav.

as "great Qiddush," consists in reciting

143

the benediction

This means that the primary

over

wine

only,

obligation of reciting Qiddush is in the

without any additions, over a specially

night. The obligation of honoring the

dedicated

S a b b a t h is m a i n l y d u r i n g t h e d a y .

r e p o r t e d and e n d o r s e d in t h e Babli

Hence, if there is only one cup of wine,

(Pesahim 106a) as the action "of an old

Qiddush of the night should be recited

man,"

over b r e a d .

practice.

T h e honor

of t h e day,

Ma >3-1 . i n i N Ί Ό ^ ί η > p N 2 Π313Π . i n i * w!?p"j η ' ο β η " ) a i o n ?

c u p of w i n e .

confirming

- ρ " Ι β η ΐ

a

This

Yerushalmi

>ÌOn 1 3

Ί>Η

is

ί ο -α Ν»η

>3-1 η η ι

Rebbi Zeriqan, s o n of t h e f a t h e r - i n - l a w of R e b b i Z e r i q a n , m e n t i o n e d H a n u k k a h in "the Land" and t h e y praised h i m 1 4 4 . Rebbi H i y y a bar A b b a , m e n t i o n e d "the true Judge

145

Rebbi Abba, son of " in "He W h o is g o o d

and d o e s good" and t h e y praised him. 144

It w a s s t a t e d

baraita

in an

earlier

a baraita in the name of Rebbi Aqiba

in Halakhah 5 that Hanukkah

which seems to imply that in a house of

should be mentioned. Here, the place

mourning the benediction "He W h o is

of the mention is fixed in the second

good" is replaced by "the True Judge";

b e n e d i c t i o n of G r a c e .

the Talmud then r e i n t e r p r e t s

(Sabbath

The

Babli

24a) concurs, but notes that

the

baraita to mean that "the True Judge"

the mention is not obligatory.

is inserted in "He Who is good."

145

Yerushalmi here gives a d a t e f o r the

The prayer in a house of mour-

ning. The Babli (Berakhot 46b) quotes

re-interpretation.

The

549

HALAKHAH 6 HV>V 7 0 Ì V Î O i N Ρ

· 1 ΐ α > ρ ΐ *T»pÌV

i O Ì N Ν } 1 5 Ν » Π > 3 1 7 Π η ? N 3 >3*1

η ψ ν ON

íjdín

3^)9

. v ^ n n o D > o > n y n ì i o s n t g > o?rrç>3 Nny\? n ç

Rebbi Abba, son of Rebbi Hiyya bar Abba:

.rnyn

ni?»?1 nìti

n n

If one eats walking, he

stands still for Grace. If one eats standing, he sits down for Grace. If one eats sitting, he reclines 1 4 6 for Grace.

If one eats reclining, he wraps

himself in his toga 1 4 7 for Grace. If one acts in this fashion, he is like an Angel of Service 1 4 8 . What is the reason? (Is. 6:2) "With two [wings] he would cover his face, and with two [wings] he would cover his feet." 146

On a c o u c h , as for a

dinner. one

formal

the end of the Chapter; o n e has to s e e

T h e s t a t e m e n t , that f o r G r a c e

in the B a b l i an i n t e n t i o n a l a n s w e r to

always

increases

one step

in

the Yerushalmi.

dignity, is r e p o r t e d in the B a b l i ( 5 1 b )

147

T h e tallii with tzitzit.

as a bardita

148

T h e angels who s e r v e t h e Di-

but is r e j e c t e d . T h e r e it is

declared that one always r e c i t e s G r a c e sitting upright.

T h e r e as h e r e , this is

vine Presence.

' r o w p n s ο η τ τ lVx

> N n > 3 ty

.rmyya

onpiN

t ^ n JI>?Ì

i>av> o > - m

n>ni

ΊΠΝ") o v n ï y τ ρ α ρ

o>»n ty : p i > ?

m

m v e onpiN

.DVri ty îpi>? 1? ΊΠΝΙ ·)>»Π Mishnah 1: These are the matters between the House of Shammai and the House of Hillel about meals.

The House of Shammai say, one

pronounces the benediction of the day 1 and then the one over wine. But the House of Hillel say, one pronounces the benediction over wine and aftewards the one of the day. 1

The Qiddush of Friday night and holidays that has to precede the meal.

n a p i Ν ί ΐ ΐ ψ ")>>> ο - ή ΐ ·ρ»ηψ

Di»n

ι ν : π " p n p y o rin

. r n n n ro>N η ψ π ρ ι i n n

n > : n "prupvo n o

:M

flsSn

N a ί Ο ψ *TJ? o v n jrçirrî?a a ^ n j p j -TIN - Ο Ι

, ί ο ν γ ι Ψ OVO r i v m ¡ 7 >

H a l a k h a h 1: What 2 is the reason of the House of Shammai?

The

Sanctification of the Day causes the wine to be served; he was obligated for the Sanctification of the Day 3 before the wine was served. What is the reason of the House of Hillel? The wine causes the Sanctification of the Day to be recited 4 .

Another explanation:

The wine is frequent,

Sanctification is less frequent 5 . 2

The entire section is paralleled in

Yerushalmi

Pesahim

10:2 ( w i t h a

slightly better text).

The c o n t e n t of

this paragraph is paralleled in Babli Berakhot

51b and, in l a n g u a g e very

close to the Babli, in T o s e p h t a

Bera-

551

HALAKHAH1 khot 5:25. Both Babli and Tosephta add

4

that " p r a c t i c e f o l l o w s t h e House of

cited without food e s p e c i a l l y desig-

Hillel," a s e e m i n g l y

nated f o r t h e Sabbath.

unnecessary

The Sanctification cannot be re-

(However,

statement since practice always follows

Qiddush may also be recited over the

the House of Hillel ( e x c e p t if noted

S a b b a t h b r e a d but t h i s is not t h e

otherwise.) It seems that the Tosephta

preferred way, at least not in the Land

is very old, f r o m b e f o r e the times of

of I s r a e l w h e r e w i n e w a s a n d

Rabban Gamliel. The Yerushalmi either

abundant.)

suppressed the note that was no longer

5

r e l e v a n t or q u o t e s a n o t h e r

source

The more f r e q u e n t a c t i o n (or bene-

which never had that statement.

diction) has precedence. This is spelled

3

Since there is a Biblical injunction

out by t h e Babli here; Y e r u s h a l m i

is

The principle of sacral actions is:

(Ex. 20:8): "Remember the Sabbath Day

sources are: Yoma

to declare it holy" and this obligation

Sukkah 5:6. Taäniot 4:5. The principle

starts immediately at nightfall, whereas

is implied by t h e Y e r u s h a l m i here.

the meal is held l a t e r f o r t e c h n i c a l

Both Houses have two reasons for their

reasons.

are

positions. Wine is more frequent since

discussed in Chapter 10 of Pesahim and

it is also used during weekdays and it

reviewed in the author's The

may also be used for

Haggadah,

T h e laws of Qiddush

Scholar's

oto?

no-ii nb^iN

Havdalah.

, ο ι ή ρ )>»n î t o ^ n · ) i?> l D ^ y

i?>Nin i n d i

rrçmpi v i n

. n ì i » ^ P?>

Hïy

nú·} linpiio oto?

rnip

m

>νοψ

.m T >*rn π ϊ > ν

1»P?V> H . ? ? » ?

ovn n^np? nrn^i

.η>ρ·ρρ r t o p N v o i

ion

i»>

π ^ ο ν · } · ν τ η p»ri·) b > N i n p i

.i>»n N I

ι>»η V N I

ο ν π r i y n p y ηϊη

.npiip rtopN

ï ï n η > 2 τ "ρτυρνυ o t o ?

noi> >:n

τ ρ : π "pnpyo oto?

, ο - ή ρ i>»n n n n r i

οηή

8:6,

pp. 209-227.

n>:n

!7>Nin

2:3, Seqalim

Ηϊψ

.-»»ΝΓΙΨ ο ν η

nvmp>

Hïy

'növ

n ^ n o ? npnriDi ΟΊΪΪ

ι?»ηψ

. π ρ ρ ρ í t o ^ N -ΐΟΝΓΙψ

Rebbi Yose 6 said: From the words of both of them 7 it follows that for wine and Havdalah8,

the wine comes first. Is not the reason of the House

552

CHAPTER EIGHT

of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does not cause the wine to be served 9 ; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah,

Havdalah

comes first. Is not the reason of the

House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for before the wine came, Havdalah has precedence.

Havdalah

Is not the reason of the

House of Hillel that the wine causes the Sanctification of the Day to be recited?

But here, the wine does not cause Havdalah

to be recited:

9

Havdalah has precedence . 6

He is R. Yasa (Assi), colleague of

than water, that is common in the

R. Mana I.

country.) Qiddush may be recited only

7

The Houses of Hillel and Shammai.

over wine or possibly the Sabbath

8

The "separation" between Sabbath

bread.

and weekdays that has to be recited at

10

the end of Sabbath. The obligation of

and both practices, that of R. Yose and

reciting Havdalah

that of R. Mana, are possible, since the

starts at the very

Hence, the problem is undecided

moment of nightfall.

two reasons given by each of the two

9

Houses lead to contradictory results if

Havdalah

may be recited over any

alcoholic beverage (in the opinion of

applied to

Havdalah.

the Babli, over any beverage, other

N>n -my ρ

Hi?

VVHÎ?)? v w

V>wi -own

i?> N ^ I

v ^ ? ©

ID'W η ι τ η

"V?K '3Ή

.rrçmp o w e "ijw^

m

HALAKHAH 1 Rebbi Zeïra said:

O n e i n f e r s f r o m t h e w o r d s o f b o t h o f t h e m 1 1 that

o n e m a y m a k e Havdalah

w i t h o u t w i n e but o n e m a y not m a k e

Qiddush

w i t h o u t w i n e 1 2 . That is the opinion of Rebbi Zeïra since Rebbi Zeïra said: O n e m a k e s Havdalah

o n a l c o h o l i c b e v e r a g e s 1 3 but o n e g o e s f r o m o n e

p l a c e 1 4 t o a n o t h e r t o hear

Qiddush.

11

Rebbi Yose and Rebbi Mana.

12

Whereas the Babli (Pesahim 106b)

allows one to m a k e Qiddush

common in a country may be used for Havdalah.

C u r r e n t p r a c t i c e allows

over

even non-alcoholic beverages, except

bread, at least in Babylonia where wine

water, as long as they a r e commonly

is hard to come by.

used (Orah Hayyim

13

14

Any alcoholic beverage, including

low g r a d e beer.

The opinion of t h e

296(2)).

The physical exertion of the walk

may i n t e r f e r e with one's Sabbath rest

Babli is not c l e a r l y s t a t e d ( P e s a h i m

but the duty to hear Qiddush

107a), but the practice t h e r e is spelled

over wine has precedencc.

out t h a t

any a l c o h o l i c

>33> * u i y nì3>>i oi> η ι ^

recited

beverage

ν?

WO? ^ Ί ?

"i&N

w i p p ? ο τ ι ν η ν α ψ ν ϋ Ρ τιηκ τ ρ * η ι η ύ ο πα>ηπ

T h e Great Rebbi Y o s e said: O v e r there 1 5 , they h a v e the c u s t o m that at a p l a c e w i t h o u t w i n e , t h e reader stands b e f o r e t h e A r k 1 6 , r e c i t e s o n e benediction that contains s e v e n 1 7 , and closes by "He W h o s a n c t i f i e s Israel and the Sabbath Day 1 8 ."

15 16

In Babylonia.

'Amidah: "(1) Shield of the Patriarch,

For a formal prayer, a kind of

shortened repetition of t h e

(2) He Who revives the d e a d by His

'Amidah.

command, (3) the Holy God, (4) W h o

Normally, e v e n i n g p r a y e r s a r e com-

gives rest to His people, (5) before Him

munal without a reader.

we shall serve (6) and give thanks to

17

The middle portion of the prayer

His name, God of t h a n k s g i v i n g , (7)

by the reader contains allusions to all

Master of peace." Today, t h e bene-

seven b e n e d i c t i o n s of t h e S a b b a t h

diction is recited a l w a y s e x c e p t t h e

554

CHAPTER EIGHT

first night of Passover when everybody

the benediction.

is required to drink four cups of wine;

18

thus, there is no reason to replace

Babylonian one has only "He Who

Qiddush

In

s a n c t i f i e s the Sabbath," probably

Babylonian sources, the benediction is

because the Sabbath is a cosmic day of

not mentioned explicitly; in Medieval

rest in contrast to holidays that exist

sources, a different reason is given for

only in Jewish history.

by

public

m v i i v ? ìpiN") "ΙΠΝ> ΡΪΓΙ

prayer.

This is the Israeli formula. The

r v n . N i ' i y r j i o n m v >>>>3 -»nm -\r?H Î^N o t a n ÌIIÌN N £ N o y γπ}

. D i i p p t ç n o v n by

i n i N n'pn ο ψ VN") ·)ή)3η ί π ν

IJWÍ» n n

itf? n s

.nid ρ

τνιψ •»>>> r o y n " ) . v b y D!?Î3

Ji>3

b y ì\yy? " w ?

r o i w ù>N ©ton

,·)'»η b y Π? inN 1 ! o v n b y

ϊ φ ψ φ

Π3>ν>ρψ3 . ο - ή ρ ο ί » η

HOT) Ο->3 ,RWW>I NSVP NOW r oτ -o' p: RIMI N>TW >I> BY NAτ TT · : - s · τν τ τ : · ? *·: ï y :¡*vi>

j i > : n ty M>yj(?i

ION .OISN~ - τ by

-inNi nb>njp l i r a n

It is difficult in the opinion of the House of Shammai, how to proceed on Friday evening if someone was sitting and eating on Friday afternoon, it got dark, and there was only one cup of wine 19 ? You must say that he reserves the cup until after the recitation of Grace and includes all other benedictions. Obviously, if he would want to pronounce the benediction for the day, Grace has precedence 20 . If he wants to recite the benediction over wine, the day has precedence 2 1 .

One may infer this f r o m the

following (Mishnah 8:9): "If wine was brought to them after the meal and there was only one cup. 22 " Rebbi Abba said: Because it is a very short benediction, he might f o r g e t and d r i n k 2 3 .

But h e r e , he c o n n e c t s

everything with the cup of wine and he will not forget. How should he proceed according to the House of Shammai? first, after that he makes Qidddush, benediction over the wine.

He should recite Grace

and only after that he recites the

555

HALAKHAH1 19

One returns to the discussion of

Hence, Grace must be said for the

the Mishnah. One may not start a meal

preceding meal and, if one has wine, it

Friday afternoon close to the Sabbath

must be recited over a cup of wine.

(Mishnah Shabbat

21

start

earlier

1:2) but one may

and

continue

nightfall. The Talmud (Babli 100a, Yerushalmi Pesahim

until

According to the House of

Shammai. 22

Pesahim

In that situation, the House of

10:1, fol.

Shammai say that one starts Grace with

37b) reports that R. Yehudah bar Illai

the benediction over wine while the

requires one to stop before nightfall,

House of Hillel require the benediction

but R. Y o s e bar Halaphta lets him

for wine after Grace.

continue, and practice follows R. Yose.

that in our situation also, the wine

It is assumed here that even the House

could come before Qiddush.

of Shammai will accept the position of

23

R. Yose.

from the wine after Grace without a

20

Even if one continues, the Sabbath

benediction. This is a special situation

meal must be separate since eating on

and the House of Shammai will not

Sabbath is a r e l i g i o u s

agree to apply that Mishnah to it.

obligation.

m y ? l7?iN) i w v ΓΡΠ

He might inadvertently drink

*jN>n Γ ο ψ

•pt)sn Ί Π Ν > ί Γ Ρ 3 £ "»ÇN TIN

ivn > - m ï y

1J1ÍN N^N

ÏU

. D l i p l i m n VÏD ^

(fol. 12a) - J - D '

>3-| ΊΩΗ

.ΗΊΤ) I P Γ13>ν>?ψ3 . I D p l i p TÜTON Ί3Π

ν ^ ι 7V?>njpi Ν>ηψ "ptian r m a ï y - > n m τι>3ψ

-on

ï y Wi¡> I V ?

V#ì

ip>o? n ç ï y n>?ì

π } ? n? ">0*)

'ϊφη

^VP) ϊνϊψ?)

Ο ΐ ί ρ "ΟΠ J i n ìp>p? t O

rmn>

.«lio? N>ny r ù ^ n

.-o

."O 1 ? i n N i ο ' α ψ ? n n i N Ν ΐ η ψ

ïï? ">ΠΝΊ ν » η ïy

wvq)

ΓΙΟ

ji>iì

. o > o y a η ? -inN·) I Ì N O ο η ρ ί Ν

It would seem

-puan ^

">0í<) ο > η ψ ?

ïy

onpiN

ro^r] m i n ' a n i NI-J :ρ.:ι>

η>α η : π

It is difficult in the opinion of t h e H o u s e o f Hillel, h o w m a y o n e proceed at the end of the Sabbath if s o m e o n e w a s sitting and eating on Sabbath, it got dark, and t h e r e w a s only o n e c u p of wine?

Y o u say, he

556

CHAPTER EIGHT

reserves it 24 until after the meal and connects everything to it. What can you say?

Shall he recite the benediction for the wine, Grace has

precedence. Shall he recite Grace, the light has precedence 2 5 . recite for the light, Havdalah

Shall he

has precedence. W e may infer from the

following 26 : "Rebbi Yehudah said, the house of Shammai and the house of Hillel do not disagree that Grace comes first and Havdalah

at the end.

They disagree only over light and spices because the House of Shammai say spices and afterwards light, but the house of Hillel say light and afterwards spices." Rebbi Abba and Rav Jehudah27: Practice follows him who says spices and afterwards light. What should he do following the opinion of the House of Hillel? He should say Grace first, afterwards he should recite the benediction over wine and afterwards 24

T h e cup of wine t h a t should

follow Grace and precede 25

Havdalah.

A f t e r the end of the Sabbath, one

has to recite not only Havdalah

but

Havdalah.

Berakhot 52a. In both of these sources, the House of Shammai is r e p o r t e d to r e q u i r e light b e f o r e spices and t h e House of Hillel spices b e f o r e light. R.

with it a benediction f o r m a n - m a d e

Arieh Leib Yellin in his Yephe

fire (that was forbidden on the Sabbath

points out

and now can be k i n d l e d a n e w ) and

Yerushalmi is consistent with all t h e

spices (to m a k e up f o r the loss of the

inferences drawn here and in Halakhah

intensified pleasure one derives from

5. Hence, there is a genuine d i f f e r e n c e

the Sabbath t h a t now is being lost.)

in t r a d i t i o n

that

the

text

Enayim of

between Galilee

the

and

T h e i n v e n t i o n of m a n - m a d e f i r e is

Babylonia.

traditionally attributed to Adam at the

27

end of his first Sabbath, see Halakhah

ity in Galilee, the other in Babylonia.

6. The problem h e r e is that one must

They are responsible lor enforcing

make the benediction for the light as

uniformity in Jewish custom in both

soon as one profits from newly lit fire.

countries.

26

Tosephta Berakhot

5:30, Babli

Two Babylonians, one an author-

557

HALAKHAH1 1 3 WVPj? V ? >3->

ì j n i > >3-1

nsip n ^ a n

' N S I » ? J1Vî?>

1W>VÌ -»on

>a*pi a n s

ion

^io

- o y m > p i » a n o w ? -mon K a ->a

N^aritpp .»miy

^

,p~ro> - i ç n I'D

Ν3>3Π

1?

>a-i o y ó

."poîpv/n j i n v o > 3 d o n"VJK ^ - > 2 9

>an > n i p

>a-pì a i ? rrçaiy PS? p i A h o l i d a y that starts at t h e e n d o f S a b b a t h . Y Q N H , w i n e , Qiddush, n a m e o f Rav:

light, Havdalah.

W i n e , Qiddush,

Hanina said, N H Y Q 3 1 .

ov

n ^ a n

.ρ*">Γ»2Κ

Ν Π Ν >a-| "iÇN'T N3>?n >a->7 N i n ? ^ Ν Ι Ο ψ Ι ÍOJIN

oî^iy w o

tyV

"|inv

R e b b i Y o h a n a n said

H a n a n bar A b b a said in t h e

light, Havdalah,

time30.

sukkah,

Rebbi

Samuel f o l l o w s the opinion of Rebbi H a n i n a s i n c e

Rebbi A h a said in the n a m e of Rebbi Joshua ben L e v i 3 2 :

A king33 leaves

and a prefect c o m e s . O n e accompanies the king and only a f t e r w a r d s d o e s o n e r e c e i v e the p r e f e c t .

L e v i said Y N H Q 3 4 .

It s e e m s that L e v i s a y s it

both w a y s 3 5 . Rebbi Zeira asked b e f o r e Rebbi Y o s e 3 6 :

What does one do

in practice? H e said to him: o n e f o l l o w s Rav and Rebbi Yohanan. A n d s o it b e c a m e the practice f o l l o w i n g Rav and Rebbi Yohanan. 28

The Venice text here is self-con-

last day of Passover.

Hence, Rebbi

tradictory: i n « kV Vkiow .p'ii3"·. Hence,

Yohanan gives the minimal formula as

the text chosen f o r t h e next t h r e e

pointed out in the Babli ( P e s a h i m

words is that of the Rome manuscript.

101b).

29

31

T h e V e n i c e t e x t has h e r e a

Light, Havdalah,

wine,

Qiddush.

superfluous ίοκ that is not found in the

In the Babli (Pesahim 102a), this order

Rome ms.

is attributed to R. Joshua, the early

30

highest authority who is given his full

He agrees with Rebbi Yohanan

but includes all possibilities that may

name, R. Joshua ben Hananiah.

be a p p r o p r i a t e for a holiday.

The

possible that this led to the substitution

It is

benediction for time is: "He Who let us

of "R. Joshua ben Levi" for "Samuel" in

live, kept us, and let us reach this time."

the f o l l o w i n g p a r a b l e .

This benediction is not recited on the

Rashbam (R. Samuel ben Mei'r), in his

However,

558

CHAPTER EIGHT

commentary to Babli Pesahim,

quotes

c e r e m o n y of S a b b a t h e n d , b e f o r e

R. Hanina as requiring YNHQ, wine,

making Qiddush for the holiday. Since

light, Havdalah,

But this is

holidays also give one spiritual ease,

the undisputed order of Levi h e r e who

spices are not added at t h e end of a

is described as taking a m i d d l e road

Sabbath that is the start of a holiday.

between R. Hanina and R. Y o h a n a n .

34

The Venice print of the Yerushalmi has

first the full Havdalah and then an ap-

the impossible reading YNHYQ which

pended Qiddush.

Qiddush.

Wine, light, Havdalah,

Qiddush·,

In the Babli (Pesahim

is a confluence of the codes attributed

102a), Levi is r e p o r t e d as r e q u i r i n g

to R. Hanina in t h e Babli a n d

QNYH, in opposition lo e v e r y b o d y

the

Yerushalmi.

mentioned here.

32

35

Rashbam quotes "in the name of

Samuel".

In the Babli, as m e n t i o n e d

He puts wine first following R.

Yohanan and Havdalah before Qiddush

earlier, this parable is f r o m "R. Hanina

following R. Hanina.

illustrating the words of R. Joshua ben

36

Hananiah."

Babylonian R. Zeira inquired f r o m t h e

33

Tiberian R. Assi whether the practice

The king is the Sabbath and the

R. Yasa (Assi) elsewhere.

subordinate prefect is the holiday; the

in G a l i l e e w a s i d e n t i c a l w i t h

S a b b a t h has to be m e n t i o n e d f i r s t ,

Babylonian.

The

the

including the light that belongs to the

γργο π ιτ π *TDi ,N)>)n • • - : τ · -s

7>:iy mτn"S ηονντί? · . τ

.nnriN} w n ?

ίΟι

· τ

m τn- s 7 3- i n aτ N~

m

,·)ΐην > ι - ρ - r n y m r ) 37

When Rebbi Abbahu went to the South , he followed Rebbi Hanina. When he descended 38 to Tiberias, he followed Rebbi Yohanan in order not to disagree with anybody in his home town. 37

T h e region of Lod, t h e only

authority of Rebbi.

remaining Jewish settlement in Judea

38

and the Southern plain.

R. A b b a h u

Caesarea Philippi (Banias) one has to

l i v e d in C a e s a r e a a n d

personally

descend, f r o m Caesarea Maritima via

followed the r u l e of R. Hanina who a l w a y s s p e a k s in t h e n a m e of

the

Tiberias is below sea level. From

Bet Sheän one would ascend.

559

HALAKHAH 2 τ ύ ψ η H i n » - ΐ Ν ψ η &·>Η ì i n i > >an ^ ^

N>v»t?l

Ν}'?!? ^ " ì l

n>> "T5V D Ç .»!??> Η ϊ ψ 13Π ty :j"U>? ND") ,D3D> Ν ^ ψ Ν^ψ

- o n ty ι - ι ι η

ty

ty 1">.3>?

. r a i s i - o p N "p? it?

i j n v >a-»

.jm^n n i n ^ n T h e o p i n i o n o f R e b b i H a n i n a is u n d e r s t a n d a b l e .

ρ

It is d i f f i c u l t t o

understand Rebbi Yohanan: D o e s o n e not p r o n o u n c e the benediction o v e r the light at all other days that o n e s h o u l d e x t i n g u i s h i t 4 0 ?

A n d here, h e

m a k e s the b e n e d i c t i o n o v e r the light s o that he should not e x t i n g u i s h it 4 1 . H o w d o e s Rebbi Y o h a n a n handle this? Since he has w i n e 4 2 , his light will not g o out. T h e n he might say the benediction o v e r the light at the e n d 4 3 . In order not to disturb its timing f r o m other Sabbaths 4 4 .

39

Reading of the Rome ms.

The

w i f e lights the candles first with her

Venice print has Vy pnv.

own benediction and the husband then

40

recites his benediction ( a f t e r

Since the light is for celebration

only; it is extinguished after The light for Havdalah

Havdalah.

is p r e f e r a b l y a

torch, but the light for a meal is from a lamp. 41

over the same lights.

Qiddush)

T h a t does not

seem to be r e a s o n a b l e .

It may be

assumed that R. Hanina requires either husband or w i f e to r e c i t e the f i r s t

On a holiday, one may light a f i r e

benediction over light.]

(from an existing one) but one may not

42

extinguish it.

is needed.

Hence, the light in our

For a full meal for which the light

case is a light for t h e meal, not f o r

43

Havdalah, and should precede

Qiddush

for the food.

irrespective of the order of

Qiddush

44

and Havdalah.

un v^io

[In current practice, the

Ίηί<ι ο π > >

When the light is really needed

To keep the order wine - (spices) -

light - Havdalah as a matter of course.

onjpiM

η>3

Λ

.CP"Pi? V>V>ù Π3 " W ! i ï ^ n j ^ r i D n p i p o o n p i N

rovo

(foi. ι i d )

jvaì

.oisri

560

CHAPTER EIGHT

Mishnah 2: The House of Shammai say that one washes his hands and after that he mixes the cup, but the House of Hillel say that one mixes the cup first and then he washes his hands 45 . 45

The cup here is the Qiddush

cup.

the question whether one washes his

is f o l l o w e d by a meal with

hands b e f o r e ( f o l l o w i n g R. M o s e s

bread f o r w h i c h one must wash his

Isserls) or a f t e r (following R. Joseph

hands.

Caro) Qiddush; in both cases, the cup is

Qiddush

T h e d e t a i l s and r e a s o n s a r e

s p e l l e d out in t h e H a l a k h a h .

This

filled before one washes his hands.

disagreement has nothing to do with

oisn ηίηΝψ ρρψο woo? Ηϊφ

"pnv\? n o

a n s S i i (foi. i2a)

. t r ó n ΓΙΝ ΐ Ν ρ ο η r r ç r ç · ) i H » n

Halakhah 2: What is the reason of the House of Shammai? The fluids on the back of the cup should not become impure from his hands and in their turn defile the cup 46 . 46

The Biblical principles on ritual

exception.

Since body f l u i d s of a

impurity are spelled out in the book of

person with gonorrhea a r e "fathers of

Leviticus.

A Biblical s o u r c e of im-

impurity", it was d e c r e e d t h a t any

purity is called πκηιοη ax " f a t h e r of

impurity involving f l u i d s is a t least

impurity". The only possible objects of

"first in impurity."

impurity are humans, vessels, and food.

hands are always assumed

Any o b j e c t that becomes

impure

"second in impurity." If one touches a

secondarily, usually by contact, is "first

dry cup with unwashed hands, nothing

Also, u n w a s h e d to

be

in impurity." For p r o f a n e objects, the

happens. But if there should be drops

two stages are the only ones. However,

of wine on the outside of the cup, these

by r a b b i n i c t r a d i t i o n t h e r e exists a

drops will become "first in impurity"

"second in impurity" f o r p r o f a n e and

and defile the contents of the cup. It is

"third, fourth" for certain holy objects.

the

T h e g e n e r a l p r i n c i p l e is t h a t

(pharisaic) Judaism that one tries to eat

any

characteristic

one's

degree.

r e a s o n a b l y consistent w i t h r u l e s of

important

meals

Rabbinic

transmitted impurity decreases by one T h e r e is o n e

profane

of

in

a

way

561

HALAKHAH 2 ritual purity. It seems that the House

of the cup will be dry.

of Shammai assumes that a "full cup"

vessels, other rules apply.) The text of the explanation is from

required for Qiddush is full to the rim, kept together only by surface tension,

(For pottery

the Tosephta (Berakhot 5:26).

and, hence, it is unlikely that the back

o>7> J i ^ p ? V N - i n N - i n i

J i n 1 ? "|i»i>\? n ç

©ton η ί η κ o£iy>

.ΓΟ*η> rjTOO W h a t is the r e a s o n of the H o u s e of Hillel? always impure 4 7 .

Hïy

T h e back of t h e c u p is

Another explanation: W a s h i n g of the hands should be

as close as possible to the benediction 4 8 . 47

The back of the cup is impure

assume that a "full cup" is one filled

("second in impurity") by R a b b i n i c

close to the rim but leaving a reason-

d e c r e e , as e x p l a i n e d in t h e n e x t

able safety margin as hedge against a

paragraph.

spill.

If one washes his hands

first and d o e s not dry t h e m v e r y

48

thorougly, then the hands will become

benediction in question is that over

"first in impurity" by holding the cup,

bread (R. Joseph Caro) or the wine for

as explained in the previous note, and

Qiddush (R. Moshe Isserls). Here also

one is worse off than with unwashed

both explanations a r e from the To-

hands. (This is also the explanation of

sephta (loc. cit.)

the Babli, 52a.)

the

The House of Hillel

n > ? 7 ì >pi> r a - p >pi> > 3 1

It is not c l e a r w h e t h e r

.irninoi i m n o

n > : n N>TIN i j n v

ονή

lari

i n i N " v n ö r n i n r i ΐ}>?τπ . - q > i n i i i n o ο?ι>>

Rebbi V i v a n 4 9 in the n a m e of Rebbi Yohanan:

.-pno

·ρ τ »Ν

It turns out that the

H o u s e of Shammai is consistent with Rebbi Y o s e and the H o u s e of Hillel with Rebbi Me'ir 50 , since w e h a v e stated there (Mishnah Kelim

25:7) 5 1 :

"Rebbi Meir said, for impure and pure hands. Rebbi Yose said, they s p o k e only about pure hands."

562

CHAPTER EIGHT

49

A Galilean Amora of the third

have an outside, an inside, and a rim.

g e n e r a t i o n , s t u d e n t of all t h e g r e a t

Rebbi Tarphon said, [one speaks of] a

Amoraïm of R. Johanan's g e n e r a t i o n .

large wooden trough, Rebbi Aqiba said,

His name probably was Vivianus.

In

of cups. Rebbi Meïr said f o r impure

other quotes, his name is shortened to

and p u r e hands, R. Yose said, t h e y

Bibi, Vivi.

spoke only about pure hands."

50

This is paradoxical since practice

inside and outside have been discussed

follows the House of Hillel and Rebbi

before, the opinions of R a b b i s Me'ir

Yose.

explains

and Yose, students of R. A q i b a , d e a l

otherwise, that the Houses of Shammai

with the rim, the part of the outside of

and Hillel d i s a g r e e on w h e t h e r one

the cup that is slightly bent outward or

may use a cup which is impure outside

otherwise distinguished as place for the

T h e Babli ( 5 2 a / b )

Since

at all if one c a r e s a b o u t consuming

lips when one d r i n k s f r o m t h e cup.

food in purity.

T h e e x p l a n a t i o n of t h e M i s h n a h is

51

Chapter 25 starts:

"All vessels

have an inside and an outside."

For

given in Tosephta Kelim Baba 3:9-10:

bathra

"R. Meïr said: How is it f o r

e a r t h e n w a r e vessels, it is a d e c r e e of

i m p u r e hands?

the Torah that t h e y b e c o m e i m p u r e

impure, the outside of the cup is pure;

only if an impure "father of impurity"

if it has moist spots then he may hold

is found in the volume enclosed by the

the cup by its rim without worry.

vessel (even w i t h o u t t o u c h i n g

the

Yose said: How is it for pure hands? If

walls,) never from the outside (even if

his hands were pure and moist, but the

the "father of impurity" t o u c h e s the

outside of the cup impure, then he may

wall.)

h o l d t h e c u p at t h e rim

From this is derived a Rabbinic

If o n e ' s h a n d s a r e

R.

without

decree that also all other vessels, e. g.

worrying that the moisture of his hand

metal vessels that become impure f r o m

should become impure from the outside

a b i b l i c a l " f a t h e r of i m p u r i t y " by

and then d e f i l e his hand."

simple touch, cannot b e c o m e i m p u r e

that for R. Yose, the hands have to be

inside if a Rabbinic impurity touches

pure (i. e., w a s h e d ) and f o r R. Meïr

from the outside (but not vice versa.)

they may be impure.

Mishnah 7 then reads:

"All vessels

It follows

HALAKHAH 2 JI^>V>3>"¡ n ^ n l p » q r j N3>?n

563

i ? liyjpy) >a*) DW? N » n r a - n >oi> >?-> o w ? ì d ^ n

oyn

.!?>o v j - j n

>an

07N

onj

Vn>-)\pO VN V - j n N ^ Ì73N V33> "DON'T Rebbi Y o s e

52

in the n a m e of Rebbi Sabbatai 5 3 and Rebbi H i y y a 5 4 in the

n a m e of Rebbi S i m e o n ben Laqish:

For hallah55

hands 5 6 , he has to w a l k 5 7 up to f o u r mil.

and f o r w a s h i n g one's

Rebbi A b b a h u in the n a m e of

Rebbi Y o s e ben Rebbi Hanina: That is, g o i n g forward; but o n e d o e s not bother him to return o n his w a y 5 8 . 52

He is R. Yasa (Assi).

53

56

An Israeli Amora of the first

For any action f o r which the

washing of one's hands is required.

generation, student of Hizqiah the son

57

of Rebbi Hiyya.

wait, e. g., to eat bread, until he has

54

washed his hands.

55

He is Rebbi Hiyya bar Abba.

If no water is available one has to

If the distance to

Hallah is the gift for the Cohen

water is greater than 4 mil then the

from newly kneaded dough. It has the

Babli d e c l a r e s in the n a m e of t h e

status of holiness of Terumah\ hence, it

Galilean sages that one should clean his

has to be separated from the dough in

hands with sand or any other cleaning

purity which, in all cases, means also

material.

that in the Land of Israel one has to

58

wash his hands b e f o r e taking it.

(All

other countries are impure anyhow and

The Babli (15a) has a different

rule, that one has to r e t u r n if t h e distance required is less than one mil.

their hallah must be burned.)

νιγ) ρ

ro>ym>? . ^ n n N ! ? ?

n o ^ y ni* V N "ÏÇN J j i i o η η ψ ν

i r ò i n y j^n n o o > t n - i a i n m

n>piw

r o o n y n n ^ n rö r u i p i ι μ ψ ν

ηψκη

n > a n Tfinn

ηψΝ N i m V n n p n ρ κ INDI

,v>>Nn

tnçf vnnvpo

H o w does o n e treat w a t c h m e n in gardens and orchards, as before t h e m , as after t h e m 5 9 ? Let us hear it f r o m this (Mishnah Hallah m a y sit d o w n n a k e d and separate her hallah

60

2:3): "A w o m a n

because she can c o v e r

564

CHAPTER EIGHT

herself, but a m a n m a y not." Is that w o m a n not sitting inside her h o u s e 6 1 and y o u say that o n e d o e s not bother her? A l s o here, o n e d o e s not b o t h e r him62.

59

Do they have to go up to four mil

T h e entire argument is possible only

in search of water or may they clean

f o r t h e Y e r u s h a l m i w h i c h d o e s not

their

require any retracing of one's steps at

hands

with

sand

or

other

cleansers?

all in t h e s e a r c h f o r w a t e r ; it is hallah

impossible for the Babli which requires

needs a benediction, it may not be done

r e t r a c i n g one's steps, if only f o r a

if one's genitals a r e visible. A woman

reduced distance.

may hide her genitals by sitting down

62

but a man cannot do that.

and if there is no water at his place, he

61

need not l e a v e it in his s e a r c h f o r

60

Since the s e p a r a t i o n of

And, presumably, has some

clothes t h e r e t h a t she could put on.

ουίνκ-αψ -o ipv?

water.

r a i n ή ΐ ο π ι π ν !?ψι r m h · ρ * » η w t y

.p'pQoi

jpN)

One does not bother him at all

Nin n o

t»v?i3 >ya - i ç n p n s >

,p>pao twiny

tow

t»oi3 ο » } ψ η ι

o ? ç >?ri .ρ»©?©!

îtoW") b o t o d o n

νπν

.Jiw"! π ι η Ν It has b e e n stated 6 3 : "Water b e f o r e t h e m e a l is c o n d i t i o n a l 6 4 , a f t e r t h e m e a l it is obligatory.

O n l y that f o r the first o n e he takes and interrupts 6 5 ;

f o r the s e c o n d he takes and m a y not interrupt 6 6 ." W h a t is: "He t a k e s and interrupts"?

R e b b i J a c o b bar A h a said, h e t a k e s 6 7 and repeats.

Rebbi

S a m u e l bar Isaac said 6 8 , I asked: "He takes and interrupts 6 9 " and y o u s a y it is conditional? 63

The language is close to Tosephta

Berakhot

5:13.

Since t h e M i s h n a h

means "permitted."

H o w e v e r , in t h e

l a n g u a g e of t h e M i s h n a h a n d

the

introduces laws of washing one's hands,

Yerushalmi, i. e., the language of the

the details are discussed from here on.

Land of Israel, η ΐ ϊ π m e a n s "a minor

64

obligation" as shown by S. Lieberman

In the language of the Babli, n u n

565

HALAK.HAH 2 ['nVwiT 'Jip'n Tarbiz

5 (5694), pp. 97-

formal dinner.

110]. T h e same language is found in

66

the Tosephta, in Tanhuma

Washing one's hands a f t e r t h e

Balaq

15,

meal is not a ritual requirement. Since

and in other Galilean Midrashim.

The

spoons and f o r k s w e r e not used, t h e

Tanhuma

explains the

expression

hands

were

dirty

by

necessity.

"conditional" f o r s o m e t h i n g t h a t is

Washing one's hands a l t e r any meal

required, by "it is optional in the sense

involving sauces was a necessity f o r

that if one decides not to eat b r e a d

c l e a n l i n e s s (in t h e o p i n i o n of

the

with his meal, he does not have to wash

Yerushalmi, later in this Halakhah) or

his hands."

for health reasons (in t h e opinion of

65

the Babli). In any case, since no ritual

Most commentators explain this Yadayim

i m p u r i t y is i n v o l v e d , t h e r e is no

2:1-3 that rules, if one washed his

required minimum volume of water and

hands with less than a revi'it of water

o n e d o e s not h a v e to r e p e a t

for each hand then he has to wash each

washing.

hand twice. However, in that case it is

67

not true that one may i n t e r r u p t the

hands.

washing because if he does not k e e p

68

his mind concentrated on watching his

"Rebbi Jacob bar Isaac a s k e d : . . . " This

hands they become impure again. As S.

language is somewhat e a s i e r but t h e

Lieberman points out, one might follow

reading R. Samuel bar Isaac is better;

t h e i n t e r p r e t a t i o n of R. Isaiah I of

s i n c e it r e f e r s to an A m o r a

Trani (Pisqe

52a)

otherwise known, there is no reason to

that the Yerushalmi here stays with the

cross out the word "said" here. In the

previous topic of Qiddush

and speaks

Rome ms., the reading is: i s ^κιη® '3T

of washing one's hands twice, once f o r

m e n m o n ηκι ' y a i -ΙΟ-Ό nx pnx' "R.

Qiddush for cleanliness and a f t e r that

Samuel bar Isaac:

for food for ritual purity. This agrees

needed

expression from the Mishnah

RYD on Berakhot

with T o s e p h t a Berakhot

4:8, w h i c h

requires the washing of one hand for

the

Takes water and pours it over his

In the parallel in Hallah it reads:

and

you

also

You say that it is say

that

it

is

conditional?" 69

In peremptory language.

the wine drunk as appetizer b e f o r e a

cpoyjfl

."inn

c p j i w i o n ϊ χ h > n - a i p y > >51

i m

.J1ÌW9? η ψ ^ ψ n ^ y l i - i i i ^ o n p i N VPI . n r > g o η ψ Ν

566

CHAPTER EIGHT

Rebbi Jacob bar Idi said: Because of the first 70 , pork was eaten. Because of the second71, a woman had to leave her house; some say, three persons were killed. 70

The water used for washing one's

hands b e f o r e t h e meal.

the meal.

The story is told in Babli

T h e text is

Yoma 83b of a man w h o u n l a w f u l l y

given in the name of Rav Dimi in Babli

kept a money-pouch that was deposited

Hulin 106a, the opinion of "some say" is

with him. He did not wash his hands,

ascribed t h e r e to Ravin (Rebbi Abin).

so the victimized person saw t h a t he

The full s t o r y is in Tanhuma

Buber

had eaten peas, went to the wife of the

Balaq

24 [ q u o t e d also in

Tanhuma

thief and told h e r t h a t her h u s b a n d

rabba Balaq 2(20)]:

wanted her to give him the pouch and

In a time of p e r s e c u t i o n , when one

as sign of recognition he told him to

could

tell her that their last meal was peas.

Balaq 15, Bemidbar

not s h o w o n e ' s

Jewishness

openly, a shopkeeper had both kosher

T h e w i f e then g a v e him b a c k

and non-kosher food prepared.

Since

money pouch. When the husband came

he could not ask his customers whether

back, he was so incensed that he killed

they were Jewish, he gave the kosher

his wife. It seems that the Yerushalmi

f o o d to p e o p l e who w a s h e d b e f o r e

has a first version

eating

bread

and

pig's

meat

in w h i c h

the

the

to

husband simply divorced his w i f e and

customers who did not wash. When a

in t h e second version he k i l l e d his

man c a m e in w h o did not wash his

wife, the intended victim, and himself.

hands, he was taken for a Gentile and

In t h e Y e r u s h a l m i s o u r c e ,

served non-kosher food. [For halakhic

Buber, quoted above, the husband was

consequences of this story, see Sulhan

not a thief, but he was the victim of a

•Arukh Yore Deä 178, Note #4 of

man who t r i c k e d t h e w i f e out of a

Sifte

Tanhuma

Cohen.]

precious ring by the identification of

71

the food of his last meal.

The washing of one's hands a f t e r

-Ï30NI . p i n n n>> i o n ••τ

n rτt nτ s:

» · : ιτ

72

.nn> r m m Ì7?n γργρ κ η η . a i >53!?

ν ότ τγ-sο ν »τ πτ i o τn τi ?: ρ» ^ υ i d~ κ - τp y t: >3-1 . ό* ν-s t r o n: o s γρϊ?

O W 3 Ν 3τ Πτ 3- -13 1 3" >t>V >3*1 NJINτ Υ

- > p i N > υ ϊ > >3-)

îwwy)

.iWÌBWÌ 3 Π Ν>ΠΠ N bτ >"W ΝΠτ ^» ~ ! ' ~

, η ι ρ η η ! ? ο η > J i ^ V ? VÎ< ν > ι η > D>I>

*V3N ^Νΐηψ

.Vinn!« n n m r ò

567

HALAKHAH 2

S a m u e l w e n t to visit Rav and s a w h i m eating w i t h his hands c o v e r e d by H e a s k e d him, w h a t is that 7 3 ?

cloth.

H e answered him, I a m asthenic74.

W h e n Rebbi Zeira i m m i g r a t e d here, he s a w C o h a n i m e a t i n g w i t h their hands c o v e r e d by cloth 7 5 . H e told t h e m , w a s not that o f Rav and S a m u e l explained away? Samuel: Yose

72

78

R e b b i Y o s e bar bar C a h a n a 7 6 c a m e in t h e n a m e o f

H a n d w a s h i n g is f o r p r o f a n e f o o d 7 7 , n o t f o r terumah.

says, f o r terumah

Rebbi

and f o r p r o f a n e food.

In the Venice print and Leyden

it is impossible to decide between the

m a n u s c r i p t , t h e r e a d i n g is anna "as

readings. In the Babli (Hullin 107a/b),

there", w h i c h m a k e s no sense.

the name is Rav Tahlifa bar Abime, a

The

reading h e r e is f r o m the Rome manu-

known student of Samuel.

script; Yerushalmi nnn is p a r a l l e l to

77

Babylonian κη'τι "sack, sackcloth."

food "in the discipline of terumah,"

73

must wash his h a n d s .

He thought that Rav did not wash

If someone wants to eat p r o f a n e

While

he this

his hands and used t h e cloth, which

washing is taken from the discipline of

cannot b e c o m e i m p u r e f r o m o n e ' s

terumah, one opinion allows Cohanim

hands, to eat bread without incurring

to eat terumah

an obligation to wash.

Samuel won-

wearing gloves since a Cohen knows

dered, since that s u b t e r f u g e is permit-

that eating impure terumah is a deadly

ted only for people who would have to

sin, so he will a v o i d any

walk more than four mil to the next

between his hands and the food.

water source. The parallel in the Babli

f o r p r o f a n e f o o d w h e r e washing is

is Hulin 107a.

simply a matter of discipline (although

74

taken f r o m the rules of terumah,)

I washed my hands but am unable

w i t h o u t washing but

contact But

it

to eat without gloves.

cannot be c i r c u m v e n t e d , c f . Babli

75

Without washing their hands.

Hullin 106a.

76

In the Rome manuscript, the name

78

is R. Yose bar Huna Cahana.

Neither

of these names appears a second time;

He seems to be the Tanna R. Yose

(ben Halaphta.)

568

CHAPTER EIGHT

I T D W 3 > ψ Ν 1 3 Ν>>Π 3Ύ) Γθί> >211") 13

1 3 Ν>>Γ) >3") DW3 71θί> >3")

. v m y ^ i * >ΐ.ν>ρ *ry V > i n 3 ì

τV

M^I

OV

. p i a n t u r»?r>jp>

π^ηι

oh?

MßH >Ί> 13 y y n n > > 3 1 1 ^ T l ? m r j Ν1? p i ? n

,n>8>y

Rebbi Y o s e in t h e n a m e o f R e b b i H i y y a bar A b b a , and R e b b i Jonah, and Rav H i y y a bar Ashi in the n a m e of Ra ν: H a n d w a s h i n g f o r terumah t o the wrist but f o r p r o f a n e f o o d it is t o t h e f i n g e r joints.

is

Maisha, the

grandson of Rebbi Joshua ben L e v i said: If s o m e o n e w a n t e d t o eat w i t h m y grandfather and he did not rinse his hands t o t h e wrist, h e w o u l d n o t eat with h i m 7 9 ·

79

T h e parallel is in Babli

Hullin

identification of pno as wrist and n w p

106a/b. Since R. Joshua ben Levi is a

mvayx as the joint of f i n g e r s to t h e

higher authority than Rav, practice in

hand follows Raviah

both Talmudim requires washing to the

Joel Halevi), not Rashi and Tosaphot in

wrist also f o r p r o f a n e f o o d .

their commentaries on the Babli.

- Oτ T• Ì 7 3τ

Ύ :

The

>3-» >371 /T3Î73 τ : *

- :

(R. E l i e z e r ben

N!PN 0>T> J1Ì7>03 V N I O- N NDìD 31 τ ν --τ · · » · · τ τ

,Γ)>-ρ b o i ΠΊΠ ρ ο ί α Ί ί τ ι ^ p p to>£>N DON

>31 , π ρ ψ η

i3

Rav H u n a said: H a n d w a s h i n g is o n l y f o r bread. Rebbi H o s h a y a stated: F o r a n y t h i n g g e t t i n g dirty b y a f l u i d 8 0 .

R e b b i Zeira said: E v e n

when

cutting lupines 8 1 , he used to w a s h his hands. 80

This is also r e p o r t e d in Babli

fluids since the secondary impurity of

115a to explain why at t h e

hands causes primary impurity f o r the

Seder ceremony one has to wash his

fluid. Hence, for the Seder it is only a

hands b e f o r e touching the v e g e t a b l e

question whether one should pronounce

that is to be dipped in fluid. For any

a benediction, as in the times of t h e

sacred food like terumah

or the Pass-

Temple, or w h e t h e r o n e w a s h e s his

over sacrifice, it is obvious that one has

hands as a r e m e m b r a n c e of T e m p l e

to wash his h a n d s b e f o r e t o u c h i n g

times. Here, the question is posed f o r

Pesahim

569

HALAKHAH 2 everyday food, since handwashing f o r

f o r terumah.

p r o f a n e food comes f r o m t h e "disci-

absence of spoons most foods in sauce

p l i n e of terumah."

w e r e s c o o p e d up w i t h pitta

Rav is of

the

In A n t i q u i t y , in t h e

bread.

opinion that the Rabbinic institution of

Hence, t h e r e a l d i f f e r e n c e b e t w e e n

h a n d w a s h i n g a p p l i e s only to b r e a d

Rav and R. H o s h a y a w a s in f o o d

whereas Rebbi Hoshaya

handling as explained by R. Zeira.

requires

handwashing f o r p r o f a n e f o o d in all

81

They do not contain much sap.

situations w h e r e it would be required

-TÎ79P íO>ih<

.o?3-|vn V3

p n n v p n γπ

. n ç v - î j s ï y '33101 iiD>*T> p a r a R a v 8 2 said:

π η η ψ ντ>

-içn α ϊ

iinj?t?>ö "ρη·>ψο iTiN^f m

ηηηη>

If o n e w a s h e d his h a n d s in t h e m o r n i n g , o n e d o e s n o t

bother h i m in the e v e n i n g .

Rebbi A v i n a c o m m a n d e d t h e d o n k e y drivers:

If y o u find w a t e r t o wash, w a s h y o u r h a n d s and c o n d i t i o n t h e m f o r t h e entire day. 82

In the Babli (Hullin 106b/107a),

that Rav is reported to r e q u i r e only

Rav is quoted as requiring an explicit

one washing per day and Rebbi Avina

declaration to make the washing of the

r e s t r i c t s it to p e o p l e l i k e

hands valid f o r t h e e n t i r e day and

drivers who cannot easily find water.

Rebbi Avina seems to restrict this to

Since he is the Israeli authority, it may

d e s e r t - l i k e conditions where water is

be p r e s u m e d t h a t t h e

not easily f o u n d .

prefers the interpretation

T h e l a t t e r inter-

p r e t a t i o n is t h e n r e j e c t e d by t h e Talmud.

Yerushalmi that

is

rejected in the Babli.

In the Yerushalmi it seems

!?ÎN i o n n > n ? y j N V 1 t » i 7 > ^ΓΟΝ > 3 1 n > 3 ? p > > p .V03

donkey

ini? ü i v n ? 3 n ì j y i n>> i o n *p"o i d n>> i o n

N31

N j ì n ι ι > > 3 1 D ? n n>> i n *

- 1 7 0 >?JH , ί ο ι η n i ï y n j > > ?

>3-» t û î î v n>>

, : p i 3 n o n>>

IP

.oriinn n i d n r i i s n - » » ν d i d Νίτη

VîlipîS3

•)» "!?>)? -írii>

,^ΠίΓΙ ρ

i o y y Vpi^V

l l . i p n yo v ^ n r i n l i t e n ί π ν >

N ^ o n -TV D H > . i m a n yo

liten

570

CHAPTER EIGHT

>a-i -ipN

.nid ipin>? - a ? oriin n i d nriten nio>ri

.ro-np n o

fO) w o p -pvvpp v>y virn V ^ n ? ">ri?>ri

Rebbi Zeïra went up to Rebbi Abbahu in Caesarea. When he met him he said: Come to eat. He [R. Abbahu] gave him a loaf to break and told him: Take it and recite the benediction. He [R. Zeïra] said to him: The householder knows best the qualities of his loaf. After they had eaten, he [R. Abbahu] said to him: Start and recite Grace. He [R. Zeïra] said to him: The rabbi knows Rav Huna who is a great man and he used to say that he who starts is the one who finishes83. A baratta disagrees with Rav Huna, as it was stated 84 : "The order of washing of the hands 95 . Up to five persons, one starts with the most important personality. More than that, one starts with the least important one 86 . In the middle of the meal one starts with the most important one 87 . After the meal one starts with him who will recite Grace." Does that not mean that he may prepare himself for reciting Grace 88 ? If you say that the one who starts is the one who finishes, he already is prepared! Rebbi Isaac said, explain it for those who come separately and do not know who will recite Grace. 83

The parallel to this story is in the

blessing f o r t h e host w a s

never

Babli, Berakhot 46a. There, the Babli

accepted practice in Galilee.

adds that practice follows R. Johanan

84

(in the name of R. Simeon bar Yohai)

Tosephta Berakhot 5:6 and a different

who declares that the head of the

one in Babli Berakhot

household should recite the benediction

that the three texts represent three

for the bread since he is the host but

different traditions.

that the guest should recite Grace and

85

add to it a public blessing for the host.

couches, the servants have to bring

Even though the two authors quoted

them pitchers of water and a basin for

are I s r a e l i ,

the used water. Hence, rules of good

Yerushalmi

it f o l l o w s

from

h e r e that t h e

the

public

A similar formulation is in

46b.

It seems

When people are reclining on

order are necessary.

571

HALAKHAH 3 86

Since one cannot ask the V.I.P. to

middle of the meal (between courses)

wait a long time between washing and

to be voluntary; t h e e x a c t h a l a k h i c

breaking the bread.

meaning of this statement is in doubt.

Once the hands

are washed, one may not let his atten-

88

tion be diverted f r o m them, otherwise

Rebbi asked Rav to wash his h a n d s

he has to wash again.

first, meaning that he should r e c i t e

87

In the Tosephta, this s e n t e n c e

Grace aloud for the entire company. It

does not r e f e r to washing one's hands

follows that Rebbi emphatically denies

at all, but to pouring wine. The Babli

the rule of Rav Huna t h a t , as noted

(Hullin

earlier,

105a/b) quotes a baraita

that

d e c l a r e s w a s h i n g of h a n d s in t h e

The Babli (46b) brings a story that

was

never

accepted

in

Babylonia.

-»ηκ·) r p j r i j i î s VT?3>? o n j p w

Jva

m v n (foi. ι i d )

. j v a n HIS V 7 3 ? ) ? î p i n h o D H # V>V>Ú o n p i N !?>η n u i

.DH>>

Mishnah 3: The House of Shammai say, one sweeps the house and after that one washes his hands 89 . But the House of Hillel say, one washes his hands and after that he sweeps the house. 89

One sweeps the house if he ate

that spilled water from washing may

sitting on the floor, or the table if he

spoil bits of food still lying a r o u n d .

ate reclining on a couch. The washing

T h e rule of t h e House of Hillel is

of hands here is that after the meal; the

optional; that of the House of Shammai

problem of the House of Shammai is

is obligatory.

•pnjpyv? n n i ν>\?ίη

.v>?ìn y n i N nina m ^ ?

>now n u i -prupyo n o

j n a i n (foi. 12a)

Π* ï " î l | OÎ?>S w o ^ n O N . n u n ΓΙΝ

Jim

- ρ -»ΠΝ"| D H > >

Halakha 3: What 9 0 is the reason of the House of Shammai? Because of loss of food. But what is the reason of the House of Hillel?

If the

572

CHAPTER EIGHT

waiter is intelligent he removes the leftovers, even less than the volume of an olive; then one may wash his hands and a f t e r that sweep the house 91 . 90

The Babli (52b) and the Tosephta

spoiled; only larger morsels count as

(5:28) speak only about morsels the size

food and f a l l under t h e B i b l i c a l

of an olive. The Tosephta also includes

prohibition to destroy usable things. A

the reason given here for the House of

second difference between Yerushalmi

Shammai in its text.

and Babli is that the

91

The Babli and the Tosephta are

permits washing first if the waiter is

unanimous that morsels smaller than

intelligent; in Babli and Tosephta it is

the size of an olive may be deliberately

required that the waiter be learned.

•inlpiwri

η η > 3 θ ΐ n a p ? v i * oii?>? o n j p i N

jva

Yerushalmi

:*τ τ η ν » (foi. l i d )

.ΠΌ?Π ϊ χ o n p i N W n Ji>ai

Mishnah 4: The House of Shammai say, one dries his hands 9 2 with a towel and puts the latter on the table; the House of Hillel say, on the pillow. 92

After washing one's hands for the meal.

?>? ί ) > Ν ψ D>p-}9

NJVÎflÇ

π ο ? η ρ nan^y) vpv>» ÌNJ?\??

(fol. 12a)

n>:n l i o y o n ç .îinpîo ΛΗ> JIN ÌN>30>1

Halakhah 4: The Mishnah deals with a table of marble or one of parts screwed together that cannot become impure 93 . What is the reason of the House of Shammai?

That the fluids on the towel should not become

impure from the pillow 94 and in turn defile his hands.

m

HALAKHAH 4 93

The House of Shammai can prefer

will forbid the use of a table that is

the table over the pillow only if t h e

ritually

table cannot become impure

and,

Tosephta (5:27) note that the House of

hence, not impart any impurity to the

Hillel will never allow one to put the

fluids on the towel. No vessel made of

towel on the table because the fluid on

stone can become impure; that includes

the towel might touch t h e f o o d and

marble tables.

The Tosephta CKelim

render it impure in the second degree

1:10) even states that a

(and by e a t i n g f r o m it an a m o u n t

wooden t a b l e that c o n t a i n s a f r a m e

greater than the volume of two eggs

into which a marble t a b l e top is put

one's body b e c o m e s i m p u r e in t h e

cannot become impure since w o o d e n

second degree, Mishnah Tahorot

implements become impure only if they

The arguments of the Babli a r e incom-

enclose a volume and in this case the

patible with those of the Yerushalmi.

f r a m e is f i l l e d w i t h m a t e r i a l

94

Bava bathra

cannot b e c o m e i m p u r e .

that

The table

unclean; both

Babli

Since f l u i d s in c o n t a c t

and

2:2).

with

primary or secondary impurity become

whose legs a r e screwed in and can be

a p r i m a r y s o u r c e of i m p u r i t y

unscrewed without tools is covered by

while a human can become impure only

the Tosephta (loc. cit. 1:11): "Restaurant

from a "father of impurity", his hands

chairs, even those having holes, that

become secondarily

have

contact with primary impurity.

their

legs

screwed

in

are

impure

and,

from The

p e r m a n e n t l y pure; if legs a r e f i x e d

arrangement would be more logical if

with a nail then they may b e c o m e

the order of these two sentences w e r e

impure."

inverted.

T h e p a r a l l e l in the Babli

(52b) states that the House of Shammai

o > - p V N "ΪΠΝ - 0 7

. - l i n o o n > > V P ^ ß p a o Dl?iy>

rm-τ -pnyo noi

What is the reason of the House of Hillel? In case of doubt, fluids and hands are considered pure 95 . Another explanation: "Hands" are not for profane food 96 . 95

M i s h n a h Tahorot

4:11:

"In

become impure, to transmit impurity, or

d o u b t f u l c a s e s i n v o l v i n g h a n d s to

to be pure, they a r e d e c l a r e d pure."

574

CHAPTER EIGHT

Hence, since t h e House of Shammai

instituted following "the discipline of

agree that t h e entire matter is one of

terumah." Hence, there is no reason to

doubt, t h e r e is no problem since t h e

follow s t r i c t rules in c a s e of d o u b t

hands of the person eating remain pure.

since it is a p r i n c i p l e t h a t

96

regarding Rabbinic institutions must be

The entire institution of secon-

dary impurity for hands has no Biblical

doubts

resolved leniently.

basis f o r p r o f a n e f o o d ; it has been

>3-13 w

1 3 "py>?w > 5 1 5 i N nri?>3i

ΊΟΊΝ

1? l i y p w

>5

>51? ì n

>51

>3Γ17

Ì 5 "piOpyj >3-1? . p i l *

n>5?i >1

. n o m j p ! ? τ ι ν ί ψ ί ΐ > > ι η > η!?>η^ ο>7>η - ρ ν ο > 5 1 o w n

^ > Ν >ι.Γ) w i i p n n i n o ï y

.τηΝ

,·)>>ιη!? o n >

V>ìr> i n r i

ρ ί τ ^ >5i

D>3V> nç\?> nnmjp ù>n nrj -iniN pi*re >51 >5

D o the H o u s e of S h a m m a i h o l d that "hands" are f o r p r o f a n e f o o d 9 7 ? Explain it either f o l l o w i n g Rebbi S i m e o n b e n E l e a z a r or f o l l o w i n g R e b b i Eleazar, s o n of Rebbi Zadoq. has b e e n stated 9 8 :

F o l l o w i n g R e b b i S i m e o n b e n Eleazar as it

"Rebbi S i m e o n b e n Eleazar said in t h e n a m e of R e b b i

Mei'r, h a n d s are p r i m a r i l y i m p u r e f o r p r o f a n e f o o d and s e c o n d a r i l y f o r terumah."

Or f o l l o w i n g R e b b i Eleazar, s o n of R e b b i Z a d o q , as w e h a v e

stated there 9 9 : "Profane f o o d that w a s prepared u n d e r t h e rules of purity of sacrifices is still p r o f a n e f o o d . Rebbi Eleazar, t h e s o n of R e b b i Z a d o q said, it is l i k e terumah

b e c o m i n g i m p u r e in t w o s t a g e s and u n u s a b l e in a

third."

Given t h e e x p l a n a t i o n of t h e

the printed editions and t h e Vienna

House of Hillel, they seem to p r e -

manuscript, the reading is "hands are of

suppose that the secondary impurity of

primary impurity for sacrifices." That

h a n d s has a Biblical root.

reading is r e j e c t e d by R. David Pardo

97

T h i s is

in his commentary on ι he T o s e p h t a .

incredible. 1:6 in t h e

The statement is quoted several times

reading of Rabbenu Simson of Sens. In

in the Yerushalmi and also in Babli

98

T o s e p h t a Tahorot

575

HALAKHAH 4 Hulin 33b. The interpretation here is

i n t e r p r e t a t i o n of the text in

Hulin.

that profane food can become impure

T h e r e it is s t a t e d t h a t h a n d s can

only from the source of impurity or

become primarily impure only if held

primary impurity.

Hence, unwashed

into the windows of a house afflicted

hands must be of primary impurity in

with leprosy. That would not make a

order to influence p r o f a n e food.

good reason for the House of Shammai.

In

contrast, terumah becomes unusable if

99

it was in c o n t a c t w i t h

Babli Hagigah 20a, Hulin 35b. Profane

secondary

impurity; h e n c e , p r i m a r y

impurity

Mishnah Tahorot 2:8, quoted in

food

can

receive

only

primary

causes the same result for profane food

impurity.

as secondary impurity f o r

terumah.

primary and secondary impurity; the

This s e e m s to be t h e o p i n i o n of

third stage is called "unusable" since it

Maimonides (io:»c πκηιυπ nian ni3^n),

c a n n o t be e a t e n , but it d o e s

who o f t e n is i n f l u e n c e d

transmit the impurity further.

by

with

>3 b y i n D n r p i N

fices become impure also in a tertiary way; only the fourth stage is "unusable."

γρι

, ^ η ο ι t v ) Novpi -»ino Ί>?Ψ i o n i v j n i n n

n¡?y¿n o n p i N W n j v n ì linjpo>y> j i ? > o ì » m i n ndh)

.Nin

Sacri-

is

it

. 1 0 0 n » \ ? (foi. i2b) o n p i N i?>n n>:n

noo

not

Rashi's

Y e r u s h a l m i , a l s o in Hulin\ incompatible

the

Terumah can receive both

>-p o n p i N

.n>?\?m n ? i o

,-iino

->Hm

o w n -»»i ν γ π ι γ ρ >3")

l o r i .-»ino v i n ν N o m n ö o p - i p N yari

.naio n>ni

.Nìn n a n i T h e r e (Mishnah ¡diut

4:6) w e h a v e stated:

"Someone w h o rubbed

himself w i t h pure oil, t h e n he b e c a m e i m p u r e , h e d e s c e n d e d 1 0 1 immersed himself.

and

T h e H o u s e of S h a m m a i say, he is pure e v e n if i t 1 0 2

drips, but the H o u s e of Hillel say impure 1 0 3 .

But if the oil w a s impure to

start out with, the H o u s e of Shammai say, up to the anointing of a small limb 1 0 4 ; but the H o u s e of Hillel say, moist fluid 1 0 5 . Rebbi Yehudah says in the n a m e of the H o u s e of Hillel, moist and m a k i n g moist." The o p i n i o n s of the H o u s e of Hillel are reversed!

There t h e y say "impure" and here

they say "pure." There it is visible, here it is absorbed in the towel.

576

CHAPTER EIGHT

100

102

T h e Rome ms. has h e r e an

The oil was not washed off but

|Dn 'KD® n ' a i pnno'® noVnn

is still on his body. Since his body is

(dix») ]on κηο ι ' ί β χ «am η π υ τ·-ιηκ

pure, so is t h e r u b b i n g oil w h i c h

κιπ i r » a Kan m a [eionl

became part of his body.

insert:

The word in

parenthesis has been c o r r e c t e d fol-

103

lowing the text of the commentary of

the oil to remain impure, but one can

R. Abraham ben David (Ravad) to Idiut.

also make the argument that the person

"The opinions of the House of Shammai

remains impure since the water of the

are reversed, there (Idiut) they say it is

miqweh cannot touch his skin where it

pure, h e r e (Berakhot)

is covered by oil.

impure.

they say it is

T h e r e it is melted into the

104

It seems that they declare only

Both T a l m u d i m

(Yerushalmi

body, here it is visible." Since a similar

Sabbat 8:1, Babli Sabbat 77a) agree that

discussion is given for the House of

"a small limb" is a small limb of a

Hillel, the insertion is p a r t of the

newborn. This is the maximum amount

Yerushalmi that was lost f r o m t h e

that can become pure by immersion of

Leyden ms. by oversight.

one's body.

101

He descended into the

105

miqweh

It feels moist but does not trans-

fer moisture to anything that touches it.

for purification.

Tini . n ^ n - !

y n n i -13 ο η ρ ί κ ->Ht}\) n>a :n n i v a (foi. lid) . n ^ a m ή ΐ ο ι ο>>?ψ:η - o o n j p i N

Mishnah 5: The House of Shammai say: Light, Grace, spices and Havdalah™6.

But the House of Hillel say, Light, spices, Grace, and

Havdalah. 106

O r d e r of benedictions if the

nightfall when Havdalah is required in

Sabbath meal e x t e n d e d until a f t e r

ty

rpii

Î7Û ι ρ > 0 3 π »

γρι ip>m ,ηίυα

addition to Grace.

rmn> η^ηη

ί ο ν >ari :îi ίΟ) n^nrin

(foi. 12b) "pton η ? - ; ?

577

HALAKHAH 5 n>3ì

.-i?

i n N i ο>>ρψ3 o n p i N

bjfl n a n

- i n i N Ν ΐ η ψ > θ 3 DD^r) Γ φ η > :ry) n ? >a-i .o>>?y? i ? i o n i - » ï n ç ο η ρ ί κ ,-ιίίορ : p inN") o > ö y a

Halakhah 5: It was stated: "Rebbi Yehudah said, the house of Shammai and the house of Hillel did not disagree that Grace comes first and Havdalah at the end. They disagree only over light and spices because the House of Shammai say spices and afterwards light, but the house of Hillel say light and afterwards spices." Rebbi Abba and Rav Yehudah: Practice follows him who says spices and afterwards light 107 . 107

The entire paragraph was discussed in Halakha 1, fol. lid.

η ? inN") o í a n

-loin

toNb^a

ϊ χ 1 0 Ì N ίϊκηψΐ

OÍD) Í3>p>3

i n j / ί ^ ψ ί ií>n>a o í d o n p i N O n ) ? Í N ΪΪΏ

i n o o o n -r>n!?ri ν φ ψ

ON

.wîjvd

n>i ty

inoi au*

ipy

. o y i a p H x v π ν η > c o n *τ>ρ>τι ty ί η ι ψ ν κ ψ

The 108 House of Shammai say, the cup in his right hand and perfumed oil 109 in his left hand; first he says the benediction over the cup and then over the perfumed oil. The House of Hillel say, perfumed oil in his right hand and the cup in his left hand, he recites the benediction over the perfumed oil and rubs it on the head of the waiter 110 . But if the waiter was learned, he would rub it on the wall because it does no credit 111 to the learned to walk around perfumed. 108

Tosephta Berakhot

5:29, Babli

reversed. The Babli starts: "When they

43b. The text of the Tosephta manu-

brought to them oil and wine . . ."

scripts is close to the Yerushalmi.

In

meaning that it was brought in the

the Babli and the traditional printed

middle of the dinner for enjoyment.

text of the Tosephta, the rôles of the

This is the opinion of R. Abraham ben

Houses of Shammai and Hillel are

David.

A c c o r d i n g to M a i m o n i d e s

578

CHAPTER EIGHT

(Berakhot

7:14), wine and spiced oil

110

To have some use for it since he

were brought after dinner, to recite

must get rid of the perfumed oil in

Grace over them. According to Rashi,

order not to walk around perfumed.

this wine was brought after Grace had

111

already been recited.

calls it "a shame."

109

The Babli is more explicit and

As an air freshener.

WE^jp o>N(?

>an τηοί

p a n ? -pin t o r n a n i i o n - ο n a NaN

*1>-ρ η η Min n a n a m i n γτ>> ί ώ ν Nini

UJV'P

, Η Ί ] N i n a γιηη.ηιρ VV\?)

"VSN

- W V ì ? NJ?>nìn

j^n ï y n n s i n a a w w n y o n ^ κ ι ο ψ nçN") ini» w n n m ì n a a ν ο τ ι ψ ρ η ì?ì>? . v n n r i w o ^ j p i 0>>?η) to'? ΥΠίρ ΟΓΙΝ

P^oip

w n ^ p cPNjp

^ n i y a n Nìn"? n n n ?

ΓΠ)3ίϊΟ nj?N ittOöyj DW? ΝΠΝ >an

ï y n niìnpa v i a r ^ n W

i n a \y»ri\pnn d>>? n n

.Υφρ

Abba 1 1 2 bar bar Hana and Rav Huna were sitting down and eating and Rebbi Zeïra was standing and serving them. He came and carried both in one hand 113 . Abba bar bar Hana said to him: Is your other hand cut off? His father got angry with him and said to him: "Is it not enough for you that you are reclining and he stands and serves? But in addition, he is a Cohen and you make fun of him when Samuel said that he who uses a Cohen commits larceny 114 . I order that he should recline and you get up and serve in his stead." From where that he who uses a Cohen commits larceny? Rebbi Aha in the name of Samuel said (Ezra 8:28): "I said to them, you are holy and the vessels are holy." Since one who uses the Temple vessels commits larceny, also one who uses a Cohen c o m m i t s larceny! 112

There is a parallel to this story

Huna.

This is more reasonable, but

in Yalqut Sim'oni Ezra 1089(8); there

there the names do not fit either since

the names are Rebbi Abba and Rav

it says that Rav Huna insulted Rebbi

579

HALAKHAH 6 Zeïra and Rebbi Abba told him to get

script evidence.

up and serve. This is totally impossible

113

since both Rebbis Abba and Zei'ra were

the diverging traditions about

students of Rav Huna.

It seems that Rebbi Zei'ra knew the

On t h e o t h e r

sayings of t h e Houses of Hillel and

hand, the reading ' o k "his f a t h e r " is

Shammai in this matter, as explained in

impossible in the Yerushalmi since R.

the preceding paragraph, and, t h e r e -

Abba bar bar Hana's full name was R.

fore, decided to circumvent all prob-

Abba bar R. A b b a b a r Hana, which

lems (since practice has to follow the

shows that he was a posthumous child

House of Hillel) by carrying both wine

and his father could not get angry with

and perfumed oil in one hand.

him. The most reasonable scenario is

114

that R. Abba insulted the much younger

committed in using T e m p l e p r o p e r t y

R. Zei'ra and R. Huna o r d e r e d them to

for profane ends (Lev. 5:14-16).

Meïlah,

the p a r t i c u l a r l a r c e n y

switch places; but this has no manu-

o n p i N ^ n n>?ì ,νκη -ήκρ ϊ ο ι ψ ο η ρ ί κ

γρι Λ m v » (foi. i id) . w N n >")ί>φ Ν - m

Mishnah 6: The House of Shammai say: "He Who created illumination by fire." But the House of Hillel say, "He W h o is creating illuminations by fire.' 1 5 " There a r e two d i f f e r e n c e s bet-

creation is a continuous process and

ween the formulas of the two Houses

115

comprises many kinds of light, inclu-

for the benediction over the light at

ding light c r e a t e d by human engin-

the end of Sabbath.

eering that in the Babli (Pesahim

For the House of

Shammai, the creation is complete and in the past.

For the House of Hillel,

ìinjpvi ϊ χ

.ì??n n ? ν ι τ 3

vnnr»?

54a)

is called "divine inspiration."

>nοψ p u t i î î w t ïy

WNn . r o ^ r o y - i m ν π η η ο •)»

.1 η Λ ί ΐ (foi. 12b)

n ? > o i a !?>n n u i

580

CHAPTER EIGHT

Halakha 6: According to the opinion of the House of Shammai, should one not say: "He W h o created the fruit of the vine?" According to the opinion of the House of Hillel, one should say: "Creator of the fruit of the vine." 116 Wine is new 1 1 7 every year; fire is not different every hour. 116

There is no source that would

using the past in the benediction for

even hint at the proposed formula of

wine.

the House of Shammai.

117

Hence, the

House of Shammai will not insist on

Γαψηο3

toy

"PION Ì3311 o i v o o

»S

η κ o ^ t o n ) WNH

"pv?* >531 O>N>3D .JI>WN">.3 >o> τ ι ψ ^ ο 13 r r n r v >3-1 ,o>p» i n o .">37)33 o w n

Î7D π ΐ ί τ η >3-1 ΛΙΖΗ ."|>3o>on i n i ^ n i »31 .010 V3N) r n i o n î o n n ü m a ΐ>?3ΐ l i n n ή > > ί ο

Hence,

the past would be inappropriate here.

n ^ N l ? 'O? π ψ ^ Ο

γ ι ν NSD Ί ψ Ν r o v Nin r o y i

With a different taste.

,->ior) v ^ ç n 0 1 0 v s n

."»ion v i n - ) 0 1 0 î o n

.o>p»n v}w\j>

ηη>>»3 ν * Γ Ι Ν ^ Η

»op

. l i o n V3N"! π ο ι ο ί β Ν ψ

ίίπυηικι

Fire and hybrids were not created in the six days of Creation but they were in the Divine plan of the six days of Creation 1 1 8 .

Hybrids (Gen.

36:24): "These are the sons of Ziv'on, Ayyah and Anah. He is the Anah w h o invented the yemim Yehudah

119

in the prairie."

W h a t is yemiml

Rebbi

ben Simon said ήμίονος ("Half she-ass, mule") and the rabbis

say ή μ ι σ υ ς ("half"), half horse and half donkey. These 1 2 0 are its signs: Rebbi Jonah says, if it has small ears, its mother is a horse and its father a donkey. If they are large, its mother is a donkey and its father a horse. Rebbi Mana ordered those of the patriarch's estate: If you want to buy a mule 1 2 1 , you should buy one with small ears whose mother is a horse and whose father is a donkey.

581

HALAKHAH 6 118

T o s e p h t a Berakhot

5:31, as

reason for the benediction over f i r e as will be e x p l a i n e d

later.

In

the

of t h e t h i r d / f o u r t h g e n e r a t i o n

in

Galilee, known as preacher. 120

This and the following sentence

Tosephta, R. Yose disagrees and says

are redundant.

the f i r e of hell was c r e a t e d on the

copied here f r o m Κ il'aim

Second Day; in the opinion of the Babli

reading "R. Jonah" is from the Venice

(Pesahim 54a) hell and its fire precede

print in Kil'aim, the Rome manuscript

the Creation. The Yerushalmi takes no

here, and Bereshit rabba.

The sentences are 8:3.

The

There is no

position on this. The text of this and

Amora who is called Rebbi Jehudah

the following two sections are also in

( r e a d i n g of the V e n i c e p r i n t

Bereshit

Leyden ms.) without mention of his

rabba

82(17); t h e r e is a

parallel in Babli Pesahim 54a.

father's name.

As is normal in the Talmudim, a

In the Babli

Papa, f i f t h g e n e r a t i o n

in order Β A.

Amora.

119

121 Latin mulus, i, m. "mule".

. r r n a ·)ηρ NÍPÍ - D Ì OÌO n ^ y n ^ o " ! r n i n n i o n «in

N i n y ) -137 c ò i y > o j ^ q n ο γ ι ν

Ί » η NÌD t j r o 071S inlpai

-\)ON> n i

nç vn»n

,n>m r m ? ì o j / ? ^

(Hullin

79a), the criterion is ascribed to Rav

proposition of subjects A Β is discussed

Son of Rebbi Simon, an Amora

and

Babylonian

.mjn

nyy

n»

.orù Nin t j n a v m ^ n -ion

. i p n ç Niny - 0 7 νήΝη ìtiìn

N>IO

">3*}3n m ç » N>Í>I i v n n .n>m noiv)

ìdwj

.n>m " α η ι ο

^ î ? ^

.Γΰ}> r n - p a What did 2 2 Z i v ' o n and A n a h do?

H e prepared a f e m a l e d o n k e y and

mated her with a male horse; a mule c a m e out f r o m them. The H o l y One, praise to Him, said to them: You brought into the world a harmful thing, I shall bring o v e r that man s o m e t h i n g that will harm him.

W h a t did the

H o l y One, praise to Him, do? H e prepared a snake and m a t e d her w i t h a Hardaun 1 2 3 ; a brightly colored s n a k e 1 2 4 c a m e out of them.

N o b o d y will

e v e r tell y o u that he was bitten by a brightly colored snake and s u r v i v e d , bitten by a rabid d o g and survived, hit by a m u l e and s u r v i v e d (but o n l y by a white f e m a l e mule 1 2 5 .)

582

CHAPTER EIGHT

122

The text here is difficult. The

that our text here is a confluence of

parallel in Bereshit rabba has only

both of them.

"Anah" and is in the singular through-

123

out, but here it starts with two persons

lizard.

but then in the middle of God's speech

124

Arabic

switches from plural to singular. One

125

The Babli (Hulin 7b) adds that

has to assume that there were two

the only mule that kills with its hoof is

texts, one dealing only with Anah and

a white one even whose hoofs are

the other with Ziv'on and Anah and

white.

Arabic name of a large kind of

"embellish, decorate".

j i N - n a y r n i N n π π ί Ν ηψ)3>ν> π ί ν ψ WWÌ ο η μ ^ ψ ΐ2<τηη3 >ι-> ο ν ή η > ο ^ ψ ι Γαψ IV? .irnyp

m.yjy ο>ηνή ι η ψ τ ^ ί cfciyn l i o n i s nnri

"O.iw?

Ι) ? fa

i!? ·)«* NY^N RMIN? Η> RN müh

-ȂN !7N10V)

.WNn n ì N > ?

o ^ i y n - ^ s ^ η π π r n i N n njptpa 7

ΠΓΙΪΟ ν)ΝΊ q[?W> Ν1Π

NÌD Ν*ΤΓ) .->INN IO*?

lWN-in o v a

i w i o n d i n r p m . n a ^ g rny>y

^ i n n vye^»? .3(7^

r n y y o>riy

n i * » ? ìy

Nìn ÌÌH ΙΟΝ") ΌΊΗ N I V ^ Ì NYIN "JN -»ÇN)

ΠΦ DÌ

ίηίΝψ

V9V1 W

NI

hw

NÌN : J M WII^CI

Π>>5> 1Η>21

.nri»"!} π^>ηχι Ν>ηψ j i i n a y Winz R. Levi in the name of Bar Nazira

126

v w n ϊχ

: Thirty-six hours did Man enjoy

the light that was created on the First Day of C r e a t i o n 1 2 7 , t w e l v e on Friday, twelve in the night of Sabbath, and t w e l v e d u r i n g t h e day of Sabbath; in this light Adam saw f r o m one end of the world to the other. In this unending light, the entire Creation started singing God's praise as it is said (Job 37:2), "All under the heavens sing to Him, His light is on the corners of the world." When the Sabbath ended, darkness came.

Adam

was afraid that this was what was said (Gen. 3:15): "You will crush its head and it will crush your heel;" certainly it will crush me, so he said (Ps. 139:11), "But the darkness will crush me." R. Levi said: At this m o m e n t

HALAKHAH 7

583

the H o l y One, praised be He, let him find t w o flintstones that h e k n o c k e d against each o t h e r 1 2 8 and made fire; that is what is said ( Ρ s. 139:11), "Now the night is light for me," and he praised the Creator of the illuminating fire. Samuel says: Therefore w e g i v e praise for the [man-made] fire at the end of Sabbath because that was the time of its first production. 126

Name from the parallel in the

Book of Psalms, but in all of talmudic

Midrash. The text here has n m a 'τ, an

literature it is taken to d e s c r i b e the

otherwise unknown person.

experiences of Adam.

127

128

The vanished light of the Crea-

In the Babli (Pesahim 54a), the

tion is r e s e r v e d for the just in the

discovery of man-made fire is called "a

f u t u r e world (Babli Hagigah

heavenly inspiration."

12a).

Psalm 139 is ascribed to David in the

I N i i n v >3-1 owqt i n a N > 3 - 1 1 2 9 [ m J o w ? NJÌD

o n i a o n oi>

,ονπ i j m

- ι ι ν γ ι π ι ψ -α:ρν>

Rav H u n a in the n a m e of Rav, Rebbi A b b a h u in the n a m e of Rebbi Yohanan:

A t the end of Y o m Kippur o n e also recites the b e n e d i c t i o n

since the light had rested all that day long 1 3 0 . 129

Insert f o l l o w i n g t h e text on

Bereshit

rabba.

missing in the parallel (Babli

The omission in the

Pesahim

54a).

other sources makes no sense since Rav

130

Huna preceded Rebbi Abbahu.

cit.), one does not r e c i t e the bene-

The

note "Rav Huna in the name of Rav" is

ìjjn " u n V?"n>? vw

o m ϊ ψ ο>ηψ·ΐΓ) .ηγτ

rmiy

But, as noted in ihe Babli (loc.

diction over newly lit fire.

lari

p:ra>p

ο>»ψ?η

by) nan

» f " * » (foi. l i d ) ο>ηη Λ·ήΝ>

ϊψ

D>ny?n TV "Ι3Π

584

CHAPTER EIGHT

Mishnah 7: One does not recite a benediction 1 3 1 over a lamp and spices of Gentiles, or over lamp and spices for the dead 1 3 2 , or over lamp and spices set before an idol. Also, one does not recite the benediction over a lamp unless he has profited from its light. 131

For Havdalah.

132

Light and perfumes set before a casket.

ty

cpn^an ïy

rv>?*i?

>>?ip i p v ? 133

.iriwr)

*

νν>»ϋ)?3 r0ì0i»(?

(foi. i2b) inn

,D>ia

Halakha 7: Rebbi Jacob stated 134 before Rebbi Jeremiah: One recites a benediction over spices of Gentiles. How can he disagree? Uphold it for someone who burns spices in front of his store 135 . 133

Reading

of

the Rome

ms.

135

He does it to attract customers,

Venice and Leyden: vwvoa.

not for idolatrous practices.

The

134

Not that he formulated it, but he

reason of the original prohibition is

quoted the tannai'tic formulation in the

that any perfuming by Gentiles is done

Yeshivah of R. Jeremiah.

for their idols.

IN o í s rjijiri ÌN i p > n r p i n -»3 ,n>>y ·ρ?-η>? TQD κ ϊ ψ >3 ϊ χ
RNIN> VINNYIN .RNIN1?

Ì3>N·)

RUS ΓΙΝΪΊ ΝΗ»Ψ TÜ V?"!¡?>? ΡΚ

NIS NISIN N N £ P $ P ^INP. .RAOÏWN UN NÍ$R> 1λÎO ,rniN> ν ο η ψ ο ι

One may make the benediction over a lantern even if it did not go out 136 . A lamp in his bosom or in a lantern 137 or in glass 138 , if he sees the flame and does not use its light, or uses the light but does not see the flame, one never recites the benediction until one sees the flame and uses the light.

585

HALAKHAH 7 136

T h i s is t h e l a n g u a g e of

the

with the benediction after Yom Kip pur.

Tosephta (5:31) f o l l o w i n g the Erfurth

137

Greek φ α ν ό ς , "torch, light".

manuscript.

138

Latin specularla

T h e Babli ( 5 3 a ) has a

"transparence;

slightly d i f f e r e n t formulation for the

window panes, window (adj., plur. n.)".

same statement.

Since one permits a

This term is missing in the T o s e p h t a

benediction over light that was burning

(5:31) and the p a r a l l e l in the Babli

at nightfall, the T o s e p h t a must d e a l

(53b).

.na

η ψ η ο ί Ji^ro?

wirj?n ϊ φ ri^o?

narici

Π Ί Ι Ο Ν m T $ r n i a y ϊψ

ni* Ν > ΐ ή β η

-mioi

VN)

.v>jnn κ^}

Ν!?

*>it7N ì i > a n p ΠΝΪΠ - π ί » η

.mos

Jiiwnii? o > > m n ì>n o n n i o w ? .riaopîn i a > a

o n ^ i ηφηη

2>>η Ο>?ΊΓΙ

Jiwn}

"»3 N ^ n >3-» . n ^ n a n

- i a o i n j >an 0 W 3

iridio

ijnv r n

V?-ap •1 > ?1I?'?

F i v e 1 3 9 things w e r e said about burning charcoal and f i v e a b o u t the flame. One commits larceny with the burning charcoal of the Temple; one m a y not use its f l a m e but o n e c a n n o t c o m m i t larceny with the latter 1 4 0 . Burning charcoal of idolatry is forbidden, its f l a m e is allowed. He who makes a vow not to use anything of another person may not use his burning charcoal but is allowed his flame. He who carries out burning charcoal into the public domain 1 4 1 is guilty but for the flame he is f r e e of punishment.

One m a k e s the benediction over the f l a m e but not o v e r

glowing charcoal.

Rav Hiyya bar Ashi in the name of Rav 1 4 ^:

If the

charcoal was crackling one makes the benediction. Rebbi Yohanan f r o m Karzion 1 4 3 in the name of Rebbi Nahum bar Simai: Only if [the f l a m e ] is jumping off 1 4 4 . 139

Tosephta Bezah

similar baraita

4:7. There is a

in Babli Bezah

it has no reference to

29a but

Havdalah.

140

Coal is a m a t e r i a l , so if o n e

takes it for unauthorized use he commits larceny.

A f l a m e is e s s e n t i a l l y

586

CHAPTER EIGHT

immaterial; the Babli (Bezah 29a)

to be used f o r the benediction.

[The

declares the prohibition of its use as

title "Rebbi" in t h e text is a g a i n a

Rabbinic decree. T h e following cases

scribal error.]

all derive from the same principle.

143

141

be determined since he a p p e a r s only

On t h e S a b b a t h .

(Bezah

The

Babli

29a) discusses how one could

An Amora whose time cannot

here.

K a r z i o n is today's Kazion in

possibly move the f l a m e w i t h o u t t h e

Upper Galilee; the r e a d i n g |ΐ·>*"ρ of

underlying coal.

the Rome ms. might be better.

142

In t h e B a b l i ( 5 3 b ) t h i s is a

baratta which specifies explicitly that

144

More or less this is the d e f i n -

ition of "crackling."

glowing but not crackling coals a r e not

ϊΗ·\ψη

ρ>>ιηψ

Nn>3

p^iOV

ρ > > ι η ψ >ia

It was stated "A Gentile who lit from a Jew and a Jew who lit from a Gentile. 145 " One understands a Gentile who lit from a Jew 1 4 6 , but then even a Gentile who lit from a Gentile? It was found that it was stated: "One does not recite the benediction if a Gentile [lit] from a Gentile." The

one considers the act of lighting a f i r e

text continues: "One recites the bene-

145

Tosephta Berakhot

5:31.

from the existing f i r e of a Gentile as

diction." In the Babli (53a) t h e r e is a

creation of a new light by a Jew a f t e r

baraita that combines the two formul-

t h e end of Sabbath.

ations of the Yerushalmi.

lighting from a Gentile cannot do this

146

since he never had a m o m e n t w h e n

Since t h e Jew m a d e new f i r e

a f t e r the end of Sabbath.

Similarly,

But a G e n t i l e

making a fire was forbidden to him.

ο φ ο H V ) i D i r a T j t n N ^ i o y m o?i> toiDy m n i j n v > 3 1 o v a ΙΓΏΝ >a-i Ijnv

ο ν ή ΊΓΏΝ >?·)

. o ^

i n i N !?>:iv>:i n>>y V ? " p > ?

o > n y a n i y N ^ I N n a o a n a ^ >>>> ϊψ r i a v 3 1 V l i N ϊψ

^

i y Νΐη -on ì y Ν^Ί m i s s ? ΛΠΝ

."NNn

V?1i?>? na^

587

HALAKHAH 7

Rebbi Abbahu in the name of Rebbi Yohanan: A dead end street of Gentiles and one Jew lives in it, if light comes from there one recites the benediction because of the one Jew who is there 147 . Rebbi Abbahu in the name of Rebbi Yohanan: One does not recite the benediction on the spices 148 of Friday afternoon in Tiberias, nor on the spices of Sabbath night of Sepphoris, nor on light 149 and spices of Friday Eve in Sepphoris, because they are for other purposes. 147

If the one who sees the light

says that these perfumes are burned to

knows the Jew living there.

disinfect clothes; hence, they are not

148

produced for human enjoyment.

Obviously, h e r e one does not

speak about Havdalah

but about the

149

The mention

of

light

here

benediction that is r e q u i r e d f o r the

makes no sense, but it is found in both

enjoyment of p e r f u m e .

mss.

In the Babli

(53a), R. Johanan is more explicit and

>?•) o w ? ν π ν - o i p v î > ?Ί1 ri»ì?m u t o n ïiH

.no

. o ' n p ty ο>ηψ?η !?¥! - o n

^

ino>>pn rfcy»!? v?irp3 i o n Jrarç ν τ π ίθ>?η >a*i >1 >oi>

id o » n n

-iniN

.V?-o>? n n ty i n u ' p

pjuij vn

"Nor over lamp and spices for the dead. 150 " Rebbi Hizqiah and Rebbi Jacob bar Aha in the name of Rebbi Yose, son of Rebbi Hanina: That is, if they are put at the head of the bier. But if they are put in front of the bier one may recite the benediction; I say they are put there for the honor of the living 151 . 150

Quote from the Mishnah.

the living who are paying their res-

151

The reason that one may not

pects, one may use them f o r a bene-

recite the benediction over p e r f u m e s

diction. The parallel in the Babli (53a)

and light arranged for the deceased is

has another definition: Light burning

that one may not have any use f r o m

only in the night is a c c e p t a b l e ; that

things given to the dead.

which burns day and night is not.

But if they

are arranged for the convenience of

588

CHAPTER EIGHT

Ν>η (foi. i2c) ο ή ί ϊ ψ Ν>η

. m ^ τττίαν ϊ ψ ο > ο ψ 3 0 .bíqy>>

"V>n by

r r ç i i y a HJ?»*»

"Nor over lamp and spices set before an idol.

150

rniiy ϊψ

" Is not that of Gentiles

identical 152 with that of idolatry? Explain it with the idol of a Jew. 152

Why are light of idolatry and light of Gentiles mentioned as separate items

in the Mishnah?

i n a * > i - n n n . 3 r r v j « >a*) v m

,Ì-IÌN>

,^ψίηπ p a i Ί ί κ η p a o>nbNi b i 3 ? ì

τ γ nan by P?"o>? p N )

-ιηΝ") a i o

vip 1 ? 13 py)p\y >311 i j n v >31 o b i y ' b i t i .ib

ή ο > ρ >3">

η ρ ν τ " ì l i o rin> ï y n ì b y n U0ÌN η η OV3 WEWP ib IONI >3Wb

ivi·}? η ? r p ; m >3i "V?n >

r m n > >31 .nìi£

-ιίΝπ π ν o>nbçi

Ν'Ίί η ^ η κ o>nt»tf b'Wîi

o>¡?>i*b i b n n n p - i m p i a i }

">£ÌN ΓΚ P V V n ^ V ' N W

. n o i n j l ΝΓΙ> DPn ib

p\!>ÍOb

^ .OPl

W W

-liNb .-ipii - ! α ν *iiNb o ' n b N ν ί ρ ' ϊ ΐ ' τ ρ - τ n ì d ν "τ Γ) .^οιητι ΝΠ> r ù ^ î j >3"ì

- ΐ ο ι π ^ ΗΤ\·> nb>bn ib n o N r j ^ i n b i

-ιηψπ n v i ? >3"! i o n

rms

^

l i ' N b Min i j n a v m p n ib - i m y Nin i3ni>

.tj?? "P'N ri>y)N-».3 w

i í n b y ioipjp rrç

.ioipn

n y i y Η ψ ν η o i b y η ψ ί ν *jyin n - i í h -iín -»si> Noy\? n n ç N w n νοιγογι Dibrç» "Also, one does not recite the benediction over a lamp unless one has profited f r o m its light. 1 5 0 "

Rebbi Zeira, the son of Rebbi Abbahu,

preached: (Gen. 1:4) "God saw the light that it was good" and after that, "God separated between the light and the darkness. 153 ". Rebbi Berekhiah said: The following was preached by the two greats of the world, Rebbi Yohanan and Rebbi Simeon ben Laqish:

"God s e p a r a t e d , " a t r u e

separation. Rebbi Yehudah, the son of Rebbi Simon, said: He separated it for Himself 1 5 4 . But the rabbis say, He separated it for the just in the

589

HALAKHAH 7

f u t u r e world.

They gave a parable, to what can this situation be

compared? To a king who had two generals 155 ; both of them said: "I want to command during the day." He called the first one and told him: day shall be your domain. He called the second one and told him: night shall be your domain. That is what is written: (Gen. 1:5) "God called the light 'day', etc." To the light he said: day shall be your domain; but to the darkness he said: night shall be your domain. Rebbi Yohanan said, that it is which the Holy One, praise to Him, said to Job: ( J o b 38:12) "Did you ever command the morning, did you inform the morning of its place?" Do you know the place where the light of the Six Days of Creation was hidden? Rebbi Tanhuma said: I shall give its reason, (is. 45:7) "He W h o fashioned the light and created darkness, He m a k e s peace."

W h e n it

left 156 , it made peace between them. 153

In imitatio

make Havdalah

Dei, one should not until he saw the light

and that it is useful.

The

paragraph is found in Bereshit

155

Greek (sing.) στρατηγός.

same

156

In Bereshit

rabba

moment that they were created, He is

3(7) in slightly more explicit language. 154

khinah.

rabba:

"From the

making peace."

That this is the light of the She-

.irnv?

î w i n y » . u m » IÇN i n .Ì-ÓN> ÌJIIN»^ -ry - o n m y } n y r ^ ijiiy>

-ION T7NINV>I

"»ON

η ψ ι ο m?y>? "»BN

ìnoì i n > p y -»ÇN m

v?"nn

·)ν» . c d ^ n ú o n m a rjK WIIN> d o t INÇ .ONJM TIN V"Ì?N>? ΊΤ?> I)>?RI ION ,-OT η!? v í P p i o m ? * » ? -ι&τ INO ,ο>ύ ï y ΐ ζ Ρ Τ Ν

·Π"ί?ίν

οζΐ>Ρ)Π ÌDH > V ">51 Ί κ » ! - o p N DV a r i g >d ι ο > ρ ν "»©Ι i n ç Dippy·)

γη

'PVv? TJNINV^ o?>(?r? INÇ

,wia>

•VID oi>> ì f l m i y UN

·10>ΡΝ

i y p i n i IN-)> ! n n n n v p n y ·)ηψ n n n

590

CHAPTER EIGHT

"One does not recite the benediction over a lamp unless one has and Samuel says y'utu151.

profited from its light." Rav says y'utu,

He

who says y'utu, (Gen. 34:15) "But with this we shall be agreeable (né'òt) to you." He who says y'utu, (Is. 50:4) "To know, to inform (lä'üt) the weary of wisdom." There (Mishnah Erubin 5:1) we have stated: How does one complete cities 158 ? Rav says m'abb'rin, who says m''abb'rin,

and Samuel says m< abberin.

one adds a limb (Ί2Κ) to it.

He

And he who says

m''abb'rin, like a pregnant (maw) woman. There (Mishnah Avodah zar ah 1:1) we have stated: Before the holidays of the Gentiles 159 . 'êdêhen and Samuel says 'êdêhen.

Rav says

He who says 'êdêhen, (Deut. 32:35)

"For the day of their misfortune ( d t x ) is near." He who says 'êdêhen,

(Is.

44:9) "They160 are their witnesses (οπ'Τ»), may they neither see nor know, so that they may come to naught." How does Samuel deal with Rav's reason? They are their witnesses, in the future they will bring to naught their worshippers on the day of judgment. Under the influence of Accadic,

T h e p a r t i c u l a r c a s e h e r e is not

Babylonian Jews early on had lost the

discussed in the Babli. T h e examples

d i f f e r e n c e between aleph (') and ayin

f r o m Eruvin

(') (and he, het)\ they re-acquired t h e

discussed following these Mishnayot in

d i f f e r e n c e s only l a t e r

the

the Babli w h e r e at o t h e r p l a c e s one

Similarly, under

also finds examples of a silent π (Bezah

the influence of Greek, in the speech

35b) and switches between D (s) and n

of most Galileans also aleph and ayin

(ss) (Bava qama 116b). In most cases,

had become silent.

roots of R a b b i n i c e x p r e s s i o n s

157

influence of Arabic.

under

Since the Mishnah

and Avodah

zarah

are

are

was transmitted orally, t h e r e was no

sought in Biblical Hebrew.

d i f f e r e n c e in pronunciation b e t w e e n

158

t h e two silent c o n s o n a n t s and

the

tion of a rectangle o r i e n t e d NS, EW

interpretation of the words depended

whose edges are distant 2 0 0 0 cubits

on whether one was imagining one or

from the last house of the city in that

the other.

direction.

"Completion" is the determina-

HALAKHAH 7

591

159

One may not trade with them.

zarah 2a), the i n t e r p r e t a t i o n of this

160

The idols. In the Babli (Avodah

verse takes up several pages.

ιπ»ψ H p

niin> an « i P

1

.Ì-iìn> ÌJIW»^ m

» π η ηΝίι ύ ψ ψ

-on ϊ χ

i j n v >3-1 -ION .ί"ήΝ> π ύ ο

ο'γ^η

V3\pn p i v n ^ n í p y r v Ν η » ψ > i ? NM>n m_ "One does not recite the benediction o v e r a lamp unless he has p r o f i t e d f r o m its light."

R a v Y e h u d a h in the n a m e of Samuel:

would be able to spin by its light.

S o that w o m e n

Rebbi Y o h a n a n said:

S o that his e y e

should see what is in the cup or in the bowl. Rav H i n e n a said, s o that he should be able to distinguish b e t w e e n t w o coins 1 6 1 . 161

Rav Yehudah is the most re-

between an as O/24 denarius)

strictive, following the old Babylonian

dupondius

custom.

opinion

In the Babli (53b) there a r e

0 / ] 2 denarius)·, of

Hizqiah,

one

and a in the has

to

two opinions, both by early Galilean

distinguish between local coins of the

authorities; so it seems that R. Hinena,

same weight and value but d i f f e r e n t

the student of R. Yohanan, is referring

mints. Since R. Hinena is the student of

to earlier statements. In the opinion of

R. Y o h a n a n , it s e e m s t h a t he is

Ulla, one must be able to distinguish

following Ulla's opinion.

>?*•> > 3 r i m

- p n n ç j^n n o m i

v p » > r i it? n > ? N

>nip

.·ρ?-α>? Ί ψ ν ï y Ίψί> ν ϊ ρ Ί Ό ì컣>nì Rebbi Oshaia stated: Even if it was a banquet hall of ten by t e n 1 6 2 , o n e recites the benediction.

Rebbi Zeïra went close to the light.

His students

told him: W h y does our teacher m a k e it so difficult for us, did not Rebbi Oshaya formulate: "even if it was a banquet hall of ten by ten, o n e recites the benediction 1 6 3 ?"

592 162

CHAPTER EIGHT Since the triclinium is a banquet

making the benediction over his own

hall in t h e Roman s t y l e , t h e "ten"

light ( f o l l o w i n g an old B a b y l o n i a n

p r o b a b l y a r e not Jewish cubits but

custom), but that he c h a n g e d

Roman passas, of 4.5 f e e t each.

opinion a f t e r hearing

Then

that

his

great

the distance from a light kindled in one

a u t h o r i t i e s a l l o w o n e to m a k e

corner to the observer in t h e c o r n e r

benediction even over f i r e lit by other

diagonally opposed would be about 67

people in their houses, as e x p l a i n e d

feet; based on cubits it would be 48

earlier in this Halakhah.

f e e t , s t i l l a g r e a t d i s t a n c e in an

must d a t e f r o m t h e t i m e w h e n

otherwise dark room.

visited Babylonia a f t e r becoming head

163

of his own Yeshivah in Galilee.

In the Babli (53a), R. Z e ï r a is

the

That report he

quoted that originally he insisted on

-mo? o n p i N

rgrçh

l y - j - a p ' t w ? "TV"!

>>? :n î i î v » (foi. i i d )

c i p o ? τ η ? ? o n p i N !?>η J V I Ì

. r n y ï i»ip>?>

. v y j t t i V "ptjan ϊοηό'Ψ

H?

Mishnah 8: He who ate, forgot, and did not recite Grace. The House of Shammai say, he should return to his place 164 and recite. The House of Hillel say, he should recite at the place where he remembers it.

How

long 165 may he recite? Until the food is digested in his bowels.

164

The place of the meal.

that he should not by guilty of dis-

165

A f t e r the end of t h e meal, so

regarding a biblical commandment.

•poi»\? n ç h f -τη "|?"ήηΝ i n j ? I!?>N

o i w - α Ν ο ρ ν >:n

Γ Ρ 2 7 - p o y o ι ο ί INO

Τ Ρ ; Π p o y o I O N *τηι

- > ή η π ? π ν ^ ? Ν)3ψ ηψίν byis .τη?*) i»ip>?>

:n η Λ η (foi. i2c)

η ί η ί υ o > í i n o>? o y

η?ψ

iöipp> -mn?

íoíi

" p o y o ">51 i n o

p n n \ p & Ν)3ψ l i ^ n t p j i ? w .-»D^W o i p m

roí

N^n IN

^ p I C WN'n?

.ns^vi a i p n ?

rpnp

593

HALAKHAH 8

Halakha 8: Rebbi Justus bar Shunem 166 said: Two Amoraim, one proposed the reason of the House of Shammai and the other proposed the reason of the House of Hillel. He who proposed the reason of the House of Shammai: If he had forgotten there a wallet full of precious stones and pearls, would he not go back and retrieve his wallet? Here also, let him return to his place and recite Grace. He who proposed the reason of the House of Hillel: A worker who worked at the top of a date palm or at the bottom of a cistern, would one bother him to return and recite Grace? No, he should recite at the place where he remembers. So here also, he should recite at the place where he remembers 167 . 166

A late Amora, student of Rebbi

baratta and the argument of the House

Mana II.

of Hillel precedes that ol the House of

167

In the formulation here, it is

Shammai. Hence, its implication is that

agreed that a worker at a dangerous

the House of Shammai require the

place does not have to return (a) to

worker to return to his dangerous place

expose himself to unnecessary danger

and his employer to pay for the time

and (b) to spend unproductive time at

lost.

the expense of his employer who is

Yerushalmi reports a deliberate change

required to pay his entire day. In the

from e a r l i e r p r a c t i c e in order to

Babli (53b), the entire discussion is a

embody a change in labor law.

TV -W3N i j n v n i

In this case, it seems that the

. r m y p nrpN n n n ç NO* Ν ί π ψ ^

onpiN

How long may he recite? Rebbi H'yya in the name of Samuel, until the food in his bowels is digested. But the sages say, all the time that he is thirsty because of that meal168. Rebbi Yohanan says, until he gets hungry again169. 168

Presumably, if he did not drink

during the meal.

169

The Babli (53b) quotes R. Yo-

hanan as is he q u o t e d

here

and

594

CHAPTER EIGHT

attributes the statement of t h e Sages

Babylonian Mishnah has Vayir.

Since

(that would guide practice here) to R.

Samuel w a s a m e d i c a l d o c t o r , his

Simeon ben Laqish, w h o s e o p i n i o n

e x p l a n a t i o n "until t h e f o o d was di-

c a r r i e s less w e i g h t t h a n t h a t of R.

gested" may have been p r a c t i c a l f o r

Yohanan.

him; it certainly is not p r a c t i c a l f o r

A n o t h e r s t a t e m e n t of R.

S i m e o n b e n L a q i s h , w h o g i v e s as

everybody else.

maximum t h e t i m e it would t a k e to

necessary to say t h a t R. Y o h a n a n is

walk f o u r mil, 1 hour 12 min., has no

more restrictive than the Mishnah (as is

parallel in t h e Yerushalmi.

the opinion of the student of Rabbenu

The dif1

ference between the Galilean VsKn and

It is t h e r e f o r e not

Jonah in his commentary on Alfassi.)

the Babylonian Vayrv· is dialectal; t h e

JV3

.OÍ371 i n i N N^IS Ο ψ ")>#·) ή ^ β Π Ί Π Ν 1 » ^

o n p i N !?>η n u i VN)

,·)ί^η ï y :ρΐ)?

- p i » ? t7íoy>? Ι Π Ν yon

ρήν

Ν 3 Ο Λ J V » (fol. l i d )

- ι η Ν ΐ ")>»η ϊ χ r p i ) ? o n j p i N .l?»n ï y " n i > p i ? ι η Ν " ! " p t n n ^

.ro-orr!?:>

T>.?>?

^-inp

" m

i>3iv

M i s h n a h 9: If w i n e w a s brought to them a f t e r the meal and t h e r e w a s only one cup. T h e H o u s e of S h a m m a i say, he recites the benediction o v e r w i n e and a f t e r w a r d s s a y s G r a c e , but the H o u s e of Hillel s a y , he recites G r a c e and a f t e r w a r d s the benediction o v e r w i n e .

One answers "Amen"

a f t e r a J e w but one does not answer " A m e n " a f t e r a S a m a r i t a n unless o n e has heard the entire benediction 1 7 0 . 170

Since the Samaritan f o l l o w s a

non-standard form of Judaism, one may

o n e has a s c e r t a i n e d

that his

be-

nediction is compatible with our rules.

not answer after his benediction unless

,ΠΓίνμη n ? w ? n m

n3\?¡? r m ? Ν>ηψ >7> . r o w i3>N © t o n >7>

f ty

n ^ n (foi. 12c) nari

m ?

595

HALAKHAH 9

Halakha 9: Rebbi Abba said: Because it is a very short benediction, he might forget and drink 170 . But here, he connects everything with the cup of wine and will not forget. While Grace should be recited

Halakhah 1. The next sentence belongs

over an untouched cup of wine, in the

only t h e r e ( N o t e 23); it was copied

opinion of the House of Shammai this

here by mistake.

170

does not apply here; see the start of

r o y MV) ν ο ψ » i n ρ 1D9V

Ν!?

,νοψ

>a

η Ν yon

-»ON i r r η η : ι η » η

.níp

ΐ>ήν

-ιηκ κ η

ν η ψ Ν^Ι roy

Hence 1 7 1 , one answers "Amen" after a Jew even though one did not hear. Did we not formulate: If he heard 172 but did not answer, he did his duty. If he answered but did not hear, he did not do his duty. Hiyya, the son of Rav 1 7 3 , said: when he did not eat with them the volume of an olive 174 . 171

T h i s is i m p l i e d by t h e

last

student of Samuel. He is usually quoted

sentence of the Mishnah.

without any title ( m a y b e he did not

172

Any of the obligatory p r a y e r s

want to be addressed with a title that

(if he himself is unable to recite them,

was the commonly used n i c k n a m e of

or under the conditions discussed in the

his f a t h e r ) but it is known that he

next p a r a g r a p h ) or benedictions may

acted in a Rabbinical capacity. He had

be performed by listening to an equally

a son who also was a scholar.

obliged person.

174

173

benediction but not in order to fulfill

T h e only k n o w n son of Rav,

He a n s w e r s " A m e n " f o r

who had the best of Rav's students as

his own o b l i g a t i o n .

teachers; h e n c e , he must have been

without the question asked, appears in

born to Rav r a t h e r l a t e in his life.

Babli 53b.

A f t e r t h e d e a t h of R a v , he was a

The

the

parallel,

596

CHAPTER EIGHT

N 2 N Ο ψ 2 3*1

ΗψΎ t O

N ^ l Γ)3y π

. n p p n a >wn"ì η ^ ψ N i n i * D\j> r u s nn ρ

*

-ION

VI

n>

Ν?? Τ ψ

?0

n ^ n nb

.o^p-jû

, n s > η}); N ^ ) v e y ΕΡΝΨ

, a baraita

I W ' N >n >y?

-15

Orinan η » VNSV V ^ N I v ^ W

Here

ji>ni r o n - α >an

-IS κ » η

V ^ N " ] Î O i i m V>?»Î2

175

>311 NJVSJpiO NDÍ1

"py? 133") >ΟΠ Ì 3 N 1

ow? m p N

Kan îp-o

states: "If he heard but did not answer, he did his

duty. If he answered but did not hear, he did not do his duty." Rav in the name of Abba bar Hana 176 , or, as some say, Abba bar Hana in the name of Rav, that is only if he answered the beginnings of chapters.

Rebbi

Zeïra inquired, what are beginnings of chapters? (Ρ s. 113:1) "Hallelujah, praise, you servants of the Eternal, praise the name of the Eternal. 177 " They asked before Rebbi Hiyya bar Abba, from where do we know that if somebody heard but did not answer, that he fulfilled his duty? He said, because we see great rabbis acting accordingly.

They stand in the

congregation where some say (Ρ s. 118:26): "Blessed he who comes," and the others say: "in the name of the Eternal," and all have fulfilled their duty 178 . 175

This paragraph is a copy of the

c o r r e s p o n d i n g o n e in Sukkah

3:12;

ment is reported in the name of Rav's son-in-law Rav Hanan bar Abba.

"here" refers to the discussion of Hallel

177

in that tractate. T h e entire paragraph

it clear whether "headings" means only

deals with the recitation of Hallel·, the

the first sentence of Hallel or the first

parallel in the Babli is Sukkah 38b.

sentence of every Psalm to be recited;

176

cf. Tosaphot Sukkah 38b, s. v.

A cousin of Rav w h o s t u d i e d

Neither here nor in the Babli is

with him under their common uncle R.

178

Hiyya. In contrast to Rav, Rebbi Abba

r e c i t a t i o n of P s a l m s or

bar Hana did not return to Babylonia

p o e t r y that in r e s p o n s i v e l y

permanently.

pieces e v e r y o n e s h o u l d

In the Babli, the state-

Hence, it is unnecessary in the synagogal recited

pronounce

597

HALAKHAH 9 everything; the practice given here is

38b) and is accepted in most Jewish

also endorsed by the Babli ( S u k k a h

groups.

I - α ? "tt?ÌN ύ ' Ν )

t O to>3N ION DIN Ν1Π 71?iy N>V^ÍN >3") Ν3ΓΙ ,Ì??N i? ON t ù t i to^n

Rebbi Oshaya stated: One answers "Amen" even if he did not eat 179 , but he may not say: "Let us bless Him, of Whose bounty we ate," except if he did eat. 179

This is the rule formulated by Hiyya bar Rav.

The second rule was

illustrated by R. Simeon ben Shetah and king Yannai, Halakhah 7:2.

"uoiN > N t y -ja . n a i o n i o n n V ) n a i o p i p n n ^ i η η ί ι η -jon v ? i v V N >3¡n «IVî^n r í a l o s

ia\pnn> n a w n

.o>niJi> v a

1 Ç N n o i r i > i o n Ν>η i t >n : r u i o a ν π υ ν μ ι .713V

η«ίπ> i o n n?iyn t o i!? " p p n N ç r o v w

.ίπιρψί

ν ι π n a > y - p n ^ i n j y N i n i ro-p»)?!? n w i v i ν ι ι π a n

It is stated 180 : "One answers neither an orphan Amen, nor a plucked 181 Amen, nor a hurried Amen. Ben Azai said, if one answered an orphan Amen, may his children be orphans; hurried, may the end of his days be hurried; plucked, may his soul be plucked off. For a long Amen, they lengthen his days and years in a good way." What is an orphan Amen? Rav Huna said, that is one who sits to recite a blessing, he answers Amen, and is not conscious for what he answered Amen.

180

Tosephta Megillah

3:27, also

Babli Berakhol 47a.

181

Amen not completely pronoun-

ced.

"ion ,γαη inriN i>3iy v n o y ó i o n i n n N v ? i V o w n tin 1 T 3 V ^

νϊγι

, o > » y n Î730 Γ Ρ η π - j m ΐ ' τ ρ - τ i o n i n o * r o y >iï τ ρ τ ? o n N ^ i n i r i >3*1 via

. n n i o N IJto*»

to

"»on

. t o - o i ywin>

n»s v i a "τπν

598

CHAPTER EIGHT >3*1 V 7 > p > r i i!7 n p N

. ^ n a ^ ο η ι ρ ί *νηκ

It is stated:

.rninij ^ri^n

to

idn

to>p")

NinnN

a í n a I ? i t o -»ON . v i n > JTIBN

ri-jm-r

One answers Amen after a Gentile w h o recited a

benediction for the Eternal, [but if he recited a benediction with the Name one does not answer 182 .] Rebbi Tanhuma said, if a Gentile blesses you, answer after him Amen since it is written (Deut. 7:14) "You shall be blessed by all peoples." A Gentile met Rebbi Joshua and blessed him. He answered: The word about you has already been said. He met a second one who cursed him; he answered: The word about you has already been said. His students said to him: Rebbi, did you say to the one what you said to the other? He said to them, so it is written (Gen. 27:29): "Those who curse you are cursed, but those who bless you are blessed." 182

The text in parenthesis is from

5:21). The correct interpretation seems

the Rome manuscript; it seems that it is

to be that given by R. Saul Lieberman

missing from the Leyden manuscript

in Tosephta

and the Venice print because here also,

Gentile is not subject to our rules, if he

the final clause "one answers only if

praises the Eternal, one answers a f t e r

one heard the entire benediction" is

him Amen.

missing since it is i m p l i e d by t h e

formula, one may not answer a f t e r him

Mishnah. The complete text is that of

Amen unless one has ascertained that

most sources of the Tosephta (Berakhot

he conformed with our rules.

kifshutah:

Since t h e

But if he uses a Jewish

•»yum p n s ΠΝΠΠ

D>03 η ^ ν Ψ

D'P? in

oipo ηΝίιπ

-m ñ i v o

.DtfJ O Ì P 9 3 W>J1Ì3N£

Mishnah 1: He who sees a place where wonders were done for Israel, says: Praise to Him 1 Who did wonders for our forefathers at this place. 1

In all these Mishnayot, "Praise to

Eternal, our God, King ol the Universe,

Him" s t a n d s f o r " P r a i s e d a r e You,

Í3>N

»PO»

Who...

blN

VJV3JTO :H

(fol. 12d) i n s

H a l a k h a h 1: The Mishnah deals with wonders of Israel 2 .

But for

wonders of a single person that happened to him 3 , one does not have to recite a benediction. 2

Pne Mosheh (Margalit) notes that

circumstances.

p r o b a b l y "Israel" h e r e means "more

3

than 50% of all of Israel" as in other

to the person who passes by the place.

1HV

o>io>p o t o n > n o n )

n n t v i ϊ π ψ η n>?jn .ΐΠΐ> -jn*

'to

Happened to that single person, not

ty

v i n >©? ï y ο ί η - η η > ψ i n n

o > ç y o y in > π ρ ? ψ ΟΙΝΙ

ηρ>Ν

DON'T INI? T " ! * VN

ν "pani

i?

i n o o > v n y >©3")

V?ì">p ο > \ ? η ψ η t73 ί ο ν ι ")nç

Does one have to recite a benediction for the wonders that were done for his father or his teacher 4 ? Or if he was a famous person like Joab ben Zeruiah and his companions?

Or a man through whom the Name of

600

CHAPTER NINE

H e a v e n w a s s a n c t i f i e d , f o r e x a m p l e H a n a n i a h , Mishael, and A z a r i a h 5 ? A b o u t w o n d e r s d o n e for o n e of the tribes?

A c c o r d i n g t o h i m w h o said 6

that each tribe is called "assembly", o n e has to recite the b e n e d i c t i o n ; but a c c o r d i n g t o h i m w h o said that o n l y all t r i b e s t o g e t h e r a r e c a l l e d "assembly", o n e d o e s not h a v e to recite the benediction. 4

From the question it follows that a

companions? Or a man through whom

person who had a miraculous e s c a p e

the Name of Heaven was sanctified, for

f r o m d a n g e r must r e c i t e t h e b e n e -

example Daniel and his companions?

diction ("Who did wonders for me at

He recites a benediction."

this place.")

version, all q u e s t i o n s

This is e x p l i c i t in the

In this

are

being

Babli (54a).

answered and the next sentence starts a

5

This is the text of the Leyden

new paragraph. Rosh also quotes from

manuscript and the Venice print; in this

Rav Hai Gaon a reading in the Babli,

version, only the last question has an

referring to the previous p a r a g r a p h ,

answer, all others a r e l e f t dangling.

that for a miraculous escape a man, his

However, Rosh [Rabbenu A s h e r ben

son, and his grandson have to recite the

Yehiel] has a different reading: "Does

(appropriate) benediction.

one have to recite a benediction for the

6

wonders that were done for his father

in Horayot

Rebbi Yehudah and Rebbi Simeon (Yerushalmi 1:6, f o l . 46a;

or his teacher? Or if he was a famous

Babli 5b). The opposite opinion is that

person like Joab ben Zeruiah and his

of Rebbi Meïr.

nyiv n m îjna i n t o -i^iDin?

u?to rna nip

rjna

nhiiin

ty tau d ì ó .d??n * p N i n a - t n t o υ > > ι ρ ΐ ) ? η ί ά

-»oto ϊ ΐ ί η κ η 3 ί η vton "rçœ w p » v!?\?W o i p ç n i p η ^ Ν Ο Ν Ο Ι "»oto

wnn

nip

VV1

tato

ty

ta>3

inODV

. n t n o i p ^ a w r i t a N b ο>σ>5 η ψ ^ .o»p>pì -ιήΐ i n a n ^ i v i i n t o

Tn? into

,7>?ψη NV?N\?Ç2 H e w h o s e e s B a b y l o n has t o recite f i v e b e n e d i c t i o n s 7 .

If h e s e e s t h e

Euphrates, h e says: "Praise t o H i m W h o m a d e t h e Creation." If h e s e e s a

601

HALAKHAH1

(statue of) Mercury8, he says: "Praise to Him, Who is patient." If he sees the house of Nabucadnezzar, he says: "Praise to Him, Who destroyed the house of that evil one." If he sees the fiery oven 9 or the lions' den, he says: "Praise to Him, Who did wonders for our forefathers at this place." If he sees a place from which one takes dust 10 , he says: "Praise to Him, Who pronounces and does, decrees and upholds." If one sees Babylon, he says Us. 14:23): "I shall sweep her out with the broom of destruction11." 7

In the Babli (57b), this is a sermon

9

Traditionally shown at Babylon

of Rav Hamnuna, in a slightly d i f f e r e n t

even though the story in Daniel is set

order.

in the valley of Dura.

In travel reports of Medieval

This sentence

travelers, it is reported that t h e ruin

c o n f i r m s t h e r e a d i n g of t h e R o m e

labelled "house of Nabucadnezzar" is

manuscript in the previous paragraph,

outside of the ruins of the main wall,

that all questions asked were answered

confirming the order of the Yerushalmi

positively.

against the Babli.

10

8

According to both Talmudim, in

T h e d e c r e e s r e f e r r e d to which a r e

the Eastern provinces of t h e Roman

upheld a r e t h e p r o p h e c i e s of doom

Empire, a Hermes (or Mercury) could

pronounced over Babylon in the books

be simply a heap of stones to which

of Isaiah and Jeremiah.

p a s s e r s - b y a d d e d in o r d e r to show

11

their respect. [Note Greek ερμολογέω

of Ravina, a colleague of Rava in the

( τ α φ ο ν ) "build with loose

stones

fourth generation, when he visited the

benediction

ruins of Babylon, collected some dust

(grave)" (E. G.)L

The

I. e., uses old Babylon as a quarry.

In the Babli it is told that Mar, son

refers to the fact that God allows idols

and recited the verse f r o m Isaiah.

to exist; the Hermes is singled out since

seems that he followed a Yerushalmi

it was ubiquitous at i n t e r s e c t i o n s of

custom.

It

roads.

,ΓΟ*)? ΓΟ>Ν JVD>© r ) » y DON η .

OW? Γ φ Γ Ρ qpyainNi N j a y o

>3")

N W Ν ^ Ι Γ ^ Γ Ι >a*i -ION

n n N i n i i » r j n s ÎJ>N -»ION

ΠΓΙΝ ->oi!?

602

CHAPTER NINE

Rebbi Zeïra and Rebbi Yehudah 1 2 in the n a m e of R a v 1 3 : benediction without mention of the Kingdom is no benediction.

Any Rebbi

Tanhuma said, I shall give the reason (Ps. 145:1): "I shall elevate You, my God, o King!" Rav said, one has to say "You," but Samuel said, one does not have to say "You14." 12

Since he is mentioned after Rebbi

Z e ï r a , he must be R e b b i

since in a d r e s s i n g s o m e b o d y in t h e

Yehudah

second person one must s p e c i f y t h e

Nesia, Patriarch and grandson of Rebbi.

adressee.

13

In the Babli (40b), Rav is reported

Yohanan in t h e Babli was m e a n t as

to h a v e said t h a t no b e n e d i c t i o n is

clarification of Rav's statement, not a

valid w i t h o u t m e n t i o n of t h e Name

new requirement; it does not have to be

(YHWH), and R e b b i Y o h a n a n notes

mentioned since Rebbi Yohanan would

that, in addition, the Kingdom must be

disclaim any o r i g i n a l i t y .

mentioned.

Babylonia they a d o p t e d a n a r r o w

Kingdom:

[The formula for the "our G o d , K i n g of

the

Hence, the statement of R.

O n l y in

i n t e r p r e t a t i o n of Rav's w o r d s .

[In

Universe," probably was introduced to

practice, r e f e r e n c e to the Kingdom is

counter Christian ideas that

r e q u i r e d only f o r b é n é d i c t i o n s that

God's

k i n g d o m is not of this w o r l d . ]

In

either stand alone or start a series of

addition, A b b a y e notes in t h e Babli

benedictions.]

that Rav will not require R. Yohanan's

14

addition.

the

opinion is the f o r m u l a of G r a c e f o r

Yerushalmi shows that in Galilee, they

people who are too ignorant to pray in

interpreted the statement of Rav that

Hebrew: "Praised be the All-merciful,

one is required to say "You" to mean

Owner of this bread."

T h e f o r m u l a t i o n of

A practical reminder of Samuel's

that one has to say "You, o Eternal,"

τ η > itoy n o r m VONn]

Njvnp

τα^ρ

l ^ j v >3*11 "|ini> r n

i o i a n " ! - i t a a n ΐ ή * η η !?ΝΠ - » O B I ί θ \ η > ·ρη?\ί>Ν·) - m i *

o>oDn ins

ntàvi

by Ηϊ

.nb

ηινή Τ|> Ι>Ν it? η ρ κ ITVONS»?

*Ì3*TN: >3 to ->3ìD>n i i n v >3-1 o w ? i n a *

η ψ

.ííiín ι ρ ^ Ψ ι

o w ? Ι Ο ί Π m_ ,ΝΙΠ i n i v m ^ n

.JlìDn?? irniiíi

603

HALAKHAH1

N ì n nina v i r i o n

wh

v n i - i i i * ->3©> d i n N a ON . v ^ a ?

>?N Ì Ì Ì ? Λ Tñ-nn? ϊ ϊ φ >>p

na ^ Ν ΐ η ψ

-itaa N ^ n i i í i ? ? apv? DJ-IJI

ion

nniaj

>n>\? n1? JT>>7 n > > n © > , Ν ^ ί η ψ η Η^οη

OH

D^ÌVÌ? i o V^aro

>p η η κ >?-) I O N

hqo

.li»*? ο > η > Ν

n»nn

. n oτ i: a»» naτ n a i w e -w - ! » τ

Rebbi Yohanan 1 5 and Rebbi Jonathan went to make peace in the Southern settlements. They came to a place where they found the reader saying 16 : "The great God, the strong and awe-inspiring, the noble and overpowering;" they stopped him and told him: you are not permitted to add to the formula the Sages coined f o r benedictions.

Rav Huna in the

name of Rav: ( J o b 37:23) "The All-powerful, we did not find for Him the fullness of His might," w e did not find out the might and strength of the Holy One, praise to Him 1 7 ! Rebbi Abbahu in the name of Rebbi Yohanan: (Job

37:20) "Can it be told to Him if I should speak, if a man tells, he

certainly will be swallowed up." If a man comes to tell the strengths of the Holy One, praise to Him, he sets himself up to be swallowed away from the world. Rebbi Samuel bar Nahman said ( P s . 106:2) " W h o can tell the strengths of the Eternal?" For example, I and my colleagues 18 . Abun said: " W h o can ever tell the strengths of the Eternal?"

Rebbi

Jacob 19 of

Kefar Naburaia explained in Tyre: (Ps. 65:2) "Silence is praise f o r You, God in Zion!"

The medicine f o r everything is silence; like a priceless 20

jewel: everyone who adorns himself with it, diminishes it. 15

T h e R o m e ms. has "R. Hanina" and

16

In the f i r s t b e n e d i c t i o n o f

the

that must be the c o r r e c t r e a d i n g since

'Amidah.

R. Y o h a n a n b e l o n g s to the g e n e r a t i o n

( 3 3 b ) is in the name o f R. Hanina o n l y

a f t e r R. Jonathan but R. H a n i n a

w h o n o t e s t h e r e that t h e t h r e e

(the

T h e p a r a l l e l in t h e

Babli

att-

R.

ributes w e mention a r e o n l y p e r m i t t e d

Jonathan and should be mentioned first.

because Moses used them in the T o r a h

A m o r a ) w a s an o l d e r c o l l e a g u e o f

604

CHAPTER NINE

and the Men of the G r e a t Assembly

but King David, meaning that Psalms

adopted them for prayer.

cannot

In t h e Babli, R. H a n i n a l e t

the

be composed

spiration.

without

in-

This side r e m a r k is only

reader finish and only a f t e r w a r d s

brought as preliminary to Rebbi Abun's

asked him: Did you finish all that can

interpretation.

be said a b o u t your C r e a t o r ?

19

This

a r g u m e n t a l s o is a c c e p t e d by

the

Yerushalmi since the explanations of

In t h e p a r a l l e l in t h e B a b l i

(Megillah

18a) h e is c a l l e d

Yehudah f r o m K e f a r G i b o r a i a .

Rebbi His

the verses that follow are based on the

birthplace is a village North of Safed.

principle that God's infinity cannot be

He is m e n t i o n e d as b e i n g in T y r e ,

e x p r e s s e d in f i n i t e w o r d s .

where Rebbi Haggai had him whipped

In t h e

Yerushalmi tradition, anyone

who

because he proposed the principle of

deviates from the pattern instituted by

patrilineal descent for Jews [ M i d r a s h

t h e Sages has to be s t o p p e d in t h e

Qohelet

middle of his prayer.

7(3), Bemidbar rabba 19],

17

20

18

It is too much for finite man.

rabba

7(44), Bereshit

rabba

Greek τιμή "value, price".

Not Rebbi Samuel bar Nahman

oriin"! Ύ Ί & ,>3i3>3 rrç n q

. o D n m n n N " n f v a o r i i r o N " n t v ? n r i i s n >?ri N~n v p ?

oriirr;

.mr0N n i l

."ita n t n n rrç H O

τ φ

ητινη N'n *rva

It was stated 21 : He who starts 22 with YH and closes with YH is wise, with 'L 23 and closes with 'L is ignorant, with 'L and closes with YH is average 24 , with YH and closes with 'L is not Jewish 25 . 6:20; an older

Eternal." In the normal form, t h e r e a r e

source dealing with a d i f f e r e n t set of

two invocations of the Name, YHWH,

circumstances; see the last note in this

one at the start and one at t h e end.

paragraph.

Anyone following this format is wise.

22

23

21

Tosephta Berakhot

A longer benediction, that should

If instead of the Name

ädönäy,

start with the formula: "Praise to You,

standing in f o r the u n p r o n o u n c e a b l e

o Eternal, our God, King of t h e uni-

YHWH, he uses èlôhim "God"; he fails

verse . . ." and ends: "Praise to You, o

to specify God's name.

605

HALAKHAH1 24

Since he specifies that God's name

t e r m e d "not J e w i s h " a n d YH-'L as

is YHWH.

"ignorant."

25

T o s e p h t a is d i r e c t e d a g a i n s t

Since he starts with t h e Name

He c o n j e c t u r e s t h a t t h e sects

YHWH and ends with the plural f o r m

similar to the Dead Sea sect in whose

élóhim,

he asserts that YHWH is a

"Discipline of the community", 1QS, one

name common to a trinity. Hence, he is

finds a formula: 'Vk πηκ ηνο "Praise to

not Jewish but a Christian. This state-

You, my God (singular form)." (The

ment

prayer manual of the sect, 1QH, always

introduces

the

following

discussions of Rebbi Simlai with Jewish

uses t h e ädönäi

as r e p l a c e m e n t f o r

Christians. [R. Saul Liebermann points

YHWH.)

the

out that the Tosephta may deal with a

Y e r u s h a l m i , such s e c t s no

different period in Jewish history. In

existed.]

In

time

of

the

longer

t h e T o s e p h t a , t h e s e q u e n c e 'L-'L is

"»ON

o ^ i y n n i * IN*U

D>0>!p I O ì n > tôt*,

·

i t o n>rp ν «

·

"p^en

Ρ ^ Ν Ί Π D I N JIN

-ION τ

OflN

ï y ΌΊΗ Ο ' Π ^ ÌN*U -ιψί* . ι η ί > ι ο > ? ί ν > Ν Ί η

N íτ aτ J W N - Q a > J- O m it? Ì"I)3N j i t s j it -

nia?

Λ*Π? Ντ Πτ ty D Tτ K D > r· Ù N?: Κ">3 Ί ^ τΝ- : θ ί » Π τ ττ

. N í a Ν 1?Ν 3>Γ13 V N 3>J1D ί Ν Ί: ι3τ >31 p· ·.·i ?τ "ΙΟΝ τ ? I ·· - τ τ

.D>DÌ>N τ:

τ

."ips? p a w j i ν ^ η η

26

ίρ*]3ψ

αίρη-^

(Jewish) Christians asked Rebbi Simlai: H o w m a n y a s p e c t s o f d i v i n i t y created the world? H e answered them: Are y o u asking m e ?

G o and ask

the first A d a m , as it is said ( D e u t . 4:32): "Please ask the first days etc 2 7 ." It does not say there "when g o d s c r e a t e d m a n o n t h e earth" but "from t h e d a y that G o d c r e a t e d m a n o n t h e earth". written {Gen.

1:1): "In the beginning, ëlôhïm

T h e y said t o h i m , but it is created . . . " H e said t o t h e m :

Is it written "they created" (plural)? It says "he created" (singular).

Rebbi

Simlai said, e v e r y p l a c e w h e r e t h e Christians read h e r e t i c m e a n i n g s 2 8 , their a n s w e r is at that place.

606 26

CHAPTER NINE Probably a scribal error for προ,

There, the entire sequence is found.

but there is no manuscript evidence. In

27

the parallel, Bereshit

rabba 8(8), the

were before you, starting from the day

text reads: ns ]inns κ ϊ ί » πηκν Dips Vs

that God created man on the earth . . . "

7'1'bV "any place where you find that

28

h e r e c t i c s c a n open t h e i r

not one of majesty.

I t f b ">on

.wrno-p

JilS

mouth".

"Please ask the first days that

That ëlôhïm is a genuine plural,

d i n nwi>3 ΐ ' τ ρ τ "ιγιν n o N^IS I N ? n > n ? V N

, i > w• o*· n nτ N- n o- ί Λτ n iγ p' τ a: n nτ > m · τ

ÎJ^Nl DINO .ΟΙΝΓΙ •))? .VPN NÌ73

tetà

.ìjiìn

η η

ε π ν ϊ ί n i * CPÎYÎJN W * U » I V 7τ > »• b: n- i!? n o :Nιτ

nini

. i n :i -m: D 7τ N n τ τ

yo ΝΊ33 D*TN *OJW>

>N") .nWN

ΐ ψ ? ^ 'Ν

.1311107?

. n p p y ) Nt»?

'N

They came back and asked him: What is that which is written (Gen. 1:26): "Let us make a human in our image, as in our pattern."

He

answered them, it is not written: "ëlôhïm created man in their image" but (Gen. 1:27): "God created man in His image." His students told him: these you pushed away with a stick, what can you answer us29? He said to them: Adam was created from dust, Eve was created from Adam. After Adam "in our image, like our pattern;" it is impossible for a man without a woman, or for a woman without a man, and for both of them without the Shekhinah30. 29

The verse presents a real

formulated as: There are three partners

difficulty, not for the plural, which is

in the creation of a child:

one of majesty, but for shape and form

mother, and the Holy One, praise to

which cannot be attributes of God.

Him (who gives soul and intelligence.)

30

Father,

In the Babli ( N i d d a h 31a) this is

.jni> N i n * o > n > $ vi>o!pri t> ι ί > ? ν

* o>n^7N t w

.ι·>γρ y i v N i n H ï y l í o

inn n ç

.iriiN

toN^i

vrçp

i>n o > y i v o n 1 0 b i q h

Mil

HALAKHAH1 -τη* o w

ι η £ -I&N

,a>vm n ? w n ç

nrprn ι·»*}

.PÌB^ÌJÌN "Ip'p tH>>*p3 I O N I

N3

They came back and asked him: What is that which is written 22:22): "God, ëlôhïm,

(Jos.

31

Eternal, God, ëlôhïm,

n i

Eternal , He knows."

answered them, it is not written: "they know", but "He knows."

He His

students told him: Teacher, these you pushed away with a stick, what can you answer us? He said to them: All three are one name, as if a man would say "King 32 , Caesar, Augustus." 31

Three names for the Divinity,

32

Greek βασιλεύς,

twice repeated.

-mon

>on h n p n

·>·> o>n^Çf (foi. 13a) !?n ι > π ; π i n o

Ί>7'»>ΓΙ ítJ Í-IÍ3N

. i t i ì n toffV"! n ^ n

Í O p » 1 -137 Ν!?!* 1ND a>Jl? W l p ' !

inhi o w ΐΒψ^ψ

n?w n o

O")

η i p ? n j v f r r Í!?j$> >3*1

.•)3\?p\p>?->N ·)>>}? 1Ì39ÌN I O N ! They c a m e back and asked him: What is that which is written (Ps. 50:2): "God, ëlôhïm, Eternal, He spoke and called the earth." He answered them, it is not written: "they spoke and called", but "He spoke and called." His students told him: Teacher, these you pushed away with a stick, what can you answer us? He said to them: All three are one name, as if a man would say "professional, builder, architect 33 ." 33

Greek αρχιτέκτων.

The first 3

probably should be a ι .

This para-

O'VMP IRI!? ΊΙΟΝ

.MIN O ' v m p Ο'ΓΪ^Ν

>a-> V7>n>ri i!? i n p N .jiivmp iman

graph is missing in Bereshit rabba.

.Nin N i î p

Ι>ΠΤΤ INN .ÌJIÌN N i n hïh

v o

M

a>jt? γη

v m p p n a > >a-i -ION ,a>v»? ητίΝ n& ι Λ . n ^ n p a ÍD-¡I N ì n r j n a v m p n ΝΠΝ >a-» o w a y p

on

njvrn >?-> i ç ç n

608

CHAPTER NINE

- p i n ) N-1Í3 ο>ηί7Ν . η ψ π ρ : ι iyi-n n a ^ n

. η ψ π ί ? ? ίηίνΛη

niD>>rj .ηψΊ-τρη iDft>n .tjs-n v n i p a ina>7

NO?

,ηψντρι

. η ψ π ρ α to-ro .ηψντρα

.rrçh7î?3 ί α ψ ί α

.«φρα

>>N

Nni3 . W f p jñ*^ n i * * ΐ ψ η . π ψ ν τ ρ ι iyv-rç na>wn . - ο ι ο>π!?ν . π ψ ν τ ρ ι .wppa I T O roin?

. n ^ n p a -PINI

They came back and asked him: What is that which is written (Jos. 24:19): "For He is a holy God."

He answered them, it is not written:

"they", but "He," "He is a jealous God."

His students told him: Teacher,

these you pushed away with a stick, what can you answer us? Rebbi Isaac said, He is holy in all kinds of holiness, as Rebbi Yudan said in the name of Rebbi Aha: The Holy One, praise to Him, is holy in all kinds of holiness. His speech is in holiness, His throning is in holiness, the baring of His arm is in holiness, God is awesome and majestic in holiness. His way is in holiness, (Ρ s. 77:14) "God, Your way is in holiness." His walking is in holiness, (Ps. 68:25) "the course of my God, my King, in holiness." His throning is in holiness, (Ps. 47:9) "God throned on His holy throne." His speech is in holiness, (Ps. 60:8) "God spoke [in His holiness]." The baring of His arm is in holiness, (Is. 52:10) "The Eternal bared His holy arm." He is awesome and glorious in holiness, (Ex. 15:11) "Who is like You, glorious in holiness!" .V^N D>li*i|7 D>nl7N ft ΙψΝ N^N "|IO

>>? 2>313Τ "|ΠΝ TO .ÍJÚN Ι^Νψ") ì i m VN DiV>N

ION ,1>V>Ö ΓΙΓΙΝ DIO ì f t Π ^ ? ΓΗνΓΠ - α ΓφΓΡ >?*) a w ? on?>a «1ΓΙ3 Î7j» v m ^ ? nj?ì>\? n ç

WrÙN ftNÎ?

l i f t *1ÇN

VT>)?!?ri ft Ì"»?N .V^N

"»ön^ . r i i a n p >p>n i o a ni-ιρ

. n p i r n n!?n r o w r a n p n>N-p r n t miai»

vny)> N ^ i ηικρψ ΊΧ p y i s Nini n > i i i o y i n f t N - m η ι ο ,->ηίη inftnrp? ,ì3r?r? a i n p v w p i r n n i n i n i d

wvrpn

in·}*» J ^ v v ν ^ Ί

609

HALAKHAH 1 p n rßrjB i/'p·»'? ¡ ^ p ^ p i .ruy TiiNö ή "i^nn p p n b »311 n o n ? >?-) -ι)?νι .V'PT! p p y W ? p i w n n î τ υ ψ n i N p ή nVno n o ? o j p j nis Μψ >3

n£>£>jp

^ Ν Π » >p ^ η ί

prt ^ p - j W

«in η ^ ι ο ο ν ^ ν >?"! o y ó i a > o

0-JN1 .indìvia n i n i m n nrçp t i n t .rnvp ι>>?ρ r n y y Nin i n a vmpn") rrç>>n>? ^ S f l O ì t i ö ^ n η ί η κ Tniyi ϊ ί ^ Ρ Ι niV3

pi

ϊχ Jn,3D? Ν>Π r o n )

PI

ìli* Ν1Π Ip"»? WÌ"Tì?D

.rrç» a i n p nPçf ;j> vi> >?) .yoiw κ ι η ι i v n n i p x ? n>W«n 0 7 2 0 ."ipN^ n a ?

ηίον?

α ί ι ρ Niny

They 34 came back and asked him: What is that which is written (Deut. 4:8): "Where is a great people that has ëlôhim

close 3 5 to them?"

answered them, it is not written: "Like the Eternal, our ëlôhim, when we call on them", but "always when we call on Him."

He

always

His students

told him: Teacher, these you pushed away with a stick, what can you answer us? He said to them, he is close in all kinds of closeness, as Rebbi Phineas said in the name of Rebbi Yehudah bar Simon: Idolatry seems close but is very far. What is the reason? Us. 46:7) "They take it on the shoulder, carry it, etc." Finally, his god is with him in the house and he cries until he dies but that one will not hear and not save him from his distress. But the Holy One, praise to Him, seems to be far away when there is no one closer than Him 36 , as Levi said 37 : From the earth to the (first) heaven is a distance of 500 years' walk. From one heaven to the next is a distance of 500 years' walk. The thickness of each heaven is a distance of 500 years' walk. And Rebbi Berekhiah and Rebbi Helbo in the name of Red Rebbi Abba 38 said, also the toes of the heavenly Hayot39

are

a length of 515 years' walk, the number YSRH 40 . See how much higher He is than His world! But a person enters the synagogue, stands behind a pillar, prays in a whisper, and the Holy One, praise to Him, listens to his

610

CHAPTER NINE

prayer, as it has b e e n said ( I S a m . 1:13): "Hannah s p o k e t o herself, o n l y her lips w e r e m o v i n g , but her v o i c e w a s not heard." But the H o l y O n e , praise t o H i m , listened t o her prayer. And s o it is with all His creatures, as it has been said ( Ρ s. 102:1): "Prayer of t h e p o o r w h e n h e w r a p s h i m s e l f up 4 1 ," just l i k e a m a n w h i s p e r i n g i n t o t h e e a r of his f r i e n d a n d t h e l a t t e r understands. Can y o u h a v e a G o d w h o is closer than that to His creatures, f r o m m o u t h t o ear?"

34

This is the start of a lengthy

27, Tanhuma Buber Ki Tissa 16, Yalqut

sermon that continues to the end of the

Shim'oni 117, 563, 841], The piece is a

Halakhah. It has been subdivided for

homily and not a theological essay.

the benefit of the reader.

37

Since the

Without attribution of a name, the

name of Rebbi Berekhiah, one of the

statement has been quoted in Chapter

a u t h o r s and c o l l e c t o r s of

1, Halakhah 1.

Bereshit

rabba,

Midrash

is mentioned in this

38

A third generation Galilean

sermon, one may take it as a proof that

Amora whose sermons were collected

Midrash

by Rebbi Berekhiah.

Shemot rabba, which in the

middle switches f r o m a style identical

39

to that of Midrash

H e a v e n l y G l o r y in t h e v i s i o n

Bereshit

rabba

to

extended sermons based on the starting

T h e y c a r r y t h e T h r o n e of

Ezechiel (Ez. 1).

verses of the weekly portions, does not

40

necessarily

clusion drawn from the v e r s e

have

two

different

of

The homily disregards the conin

collectors or editors.

Halakhah 1:1 (fol. 2c), that one has to

35

pray with f e e t p a r a l l e l o n e to t h e

36

Plural. The following a r g u m e n t is in

other. The numerical value of i n » ' is

disagreement with the g e n e r a l l y ac-

10+300+200+5 = 515.

cepted doctrine of R. Yose bar Halaph-

41

ta that God is the place of the world

faints."

but the world is not His place [Bereshit

Mishnaic sense of "wrapping oneself in

rabba

a garment," a toga or prayer shawl, to

68(8), Shemot

rabba

45(6),

Midrash Tehillim 90, Tanhuma Ki Tissa

Usually, ηβ»' is t r a n s l a t e d "he But h e r e , it is t a k e n in t h e

exclude the world from one's prayers.

611

HALAKHAH1 npN

ft

w 0 7 ) - ι ψ ι τ>ο>ψ ya-iN n a - i ç n

i Ç N .·ρ7>> Νΐή> n r ) ft η ρ Ν Νΐη

ρ>π

.vty

nsv

ο>>ρρ '??<

νίπ

ηη

ft

>Ν3ϊ >3"> n ç N .ny-i? a n n o n y n rus h'ph

.Jio>»n

ili*

07·)

.nyb

i-iNì^ η* .ìvs>n

ηψη

v^y

"»ft ·)?

ji>> i o n i

*jni

.ύίηο?

rrpyò") π ψ η

TÌV NV) " ì t y i y >3"! m w

">?i3 v ^ y κ η ρ n o n ? >31 . ì i n j n o i o i p - )

pìix'y

N"1?P -13 >?ri . v n o r i yrçn N i n ^ o ? n n s p p n s

ì ^ n i ν ν ή η "i^ipi V P ^ n

ft -»PN nìd

^îf

>3sn η ψ ο m_3»i a>rç?

Ι Ί . Ν ί * ^ T P T NID ΝΙΓ)

>3-» -»ON , η ψ η n i n i

ο>ψ-ιη> ί ο ν

ο»ρρ

' Λ ' * ? ! n ' J i r n ν ι π ν-τγι . i n j i n - ! 4 2 -io)snp

pnN nçi?·) t î >

r»>?N

i i " n π ψ η η * n j n a t>9jw ny\{>3

i-tíos ϊ χ η ι ί ο γ ι ιτυψ

!?>sn ft .ny-ia

i ç n ÏÏÎP3 13 o a n ? ft

nid -p-a v m p n ^ηκ

iva*!

: n n n n n p i î w ï ô rus

>3Ί o w ? yji> >3")

fty

JIN i c p r o η ψ η m o i ?

V p t o D W - ^ s w y j n i n a >3?» π ψ η r n a ^

.on3"F>? v n ν ^ ί η ψ η ν ι π p>ri vp>>n> -»çn vmpn^

Νίπ

.·|>Νί-ι vn

n o p vari

.-ιοίη

oìw?

y)?w>

.yypw

vn

ì n 071*^ n ? o y >n rrç>b>

W>N*ìp_t7Dl W7ÏÎ7N >'>3 >0 3>J1?T ΝΙΠΠ .0>Np HÌH Rebbi Yudan in the name of Rebbi Isaac said it in four versions. Flesh and blood has a protector 4 3 . When they tell him, your client was arrested, he will say: I will protect him. When they tell him, he is going b e f o r e a court, he will say: I will protect him. When they tell him, he is taken to be hanged, w h e r e is he and where is his protector?

But the Holy One,

praise to Him, saved Moses f r o m the sword of Pharao; that is what is written (Ex. 18:4): "He saved me f r o m the sword of Pharao."

Rebbi

Yannai said 44 , it is written (Ex. 2:15): "Moses fled from before Pharao." Is it possible for flesh and blood to flee from the government? 4 5

But at the

m o m e n t when P h a r a o arrested Moses, he sentenced him to h a v e him beheaded. The sword slipped off the neck of Moses and broke. That is

612

CHAPTER NINE

what is written (Songs 7:5): "Your neck is like the ivory tower," that is Moses's neck. Rebbi 46 said, Rebbi Eviathar: Not only that, but He moved the sword f r o m the neck of Moses on the neck of the executioner and killed him. That is what is written: "He saved me from the sword of Pharao."

He saved me, but killed the executioner.

Rebbi Berekhiah

quoted on this (Prov. 21:18) "The evil one is ransom for the just one." Rebbi Abun quoted on this (Prov. 11:8): "The just will be extricated f r o m distress, the evil one will take his place." Bar Qappara stated: An angel came down and appeared to them in the shape of Moses. They arrested the angel and Moses fled. Rebbi Joshua ben Levi said: when Moses fled f r o m before Pharao, all his troops 4 7 became dumb, deaf, or blind.

He

asked the dumb, where is Moses? But they could not speak. He asked the deaf, they could not hear. He asked the blind, they could not see. That is what the Holy One, praise to Him, said to Moses (Ex. 4:11): "Who gave man a mouth, or who makes dumb?" There it upheld you and here you do not want to uphold. That is what is written (Deut. 4:8): "Who is like the Eternal, our ëlôhïm, always when we call on Him!" 42

Reading of the Rome ms. Venice:

usually understood.

l-pnaoy, Arukh reads iruoip. Late Latin

46

quaestionarius,

missing; he cannot be Rebbi since R.

43

"torturer, executioner."

Latin patronus, who was obliged

The name of the tradent is

Eviathar belongs to the second ge-

to protect his clients.

neration of Amoraïm and exchanged

44

letters with Rav Hisda and Rav Sheshet.

Most of the following is also in

Exodus rabba 1(37).

The sentence is missing in

45

rabba.

R. Yannai takes the sentence to

mean that "Moses fled from before the

47

face of Pharao," as translated here, and

"multitude" (of people, troops).

not "Moses fled because of Pharao," as

Shemot

Semitic plural of Greek όχλος,

613

HALAKHAH1 i!? n r p N

.·ρΊ\?9 il? w? 0 7 1 "itya

"1ÇN .1VT>> HXV

>_

>Λ)

n>?N

13'Nl N ì n p > n -tniN N ì n η η

HDW

ρ η * ? >?-»

yjv 'ai

"ION

13 ©3Î}?

V^V O V P P

7 ^ 1 0 n w n n ù r»?N .nnn

riis

o»j?>?

Nin 71-13 ν ν τ ^ π ^ I N .roi> UN κ ρ » ΐ rù

.ύί-ι\?3 *

Rebbi Yudan in the name of Rebbi Isaac in another version. Flesh and blood has a protector. W h e n they tell him, your client was arrested, he will say: I will protect him.

W h e n they tell him, he is going b e f o r e a

court, he will say: I will protect him. W h e n they tell him, he is being thrown into the water, where is he and w h e r e is his protector?

But the

Holy One, praise to Him, saved Jonah f r o m inside the fish, since it says Uonah 2:11): "The Eternal commanded the fish and it threw Jonah up." m m

."pnvpa i b

07)

.nrpiN

* i m pn*> >37 d w i TJV >3-1

- i o n .·ρ-ρ> n s v n n ì ì m>?N .vby o»p>? >jn ^ 13>NI N ì n i?>ri

.WNb 7bx>io

.WNn i>? * T 3 ¥ i I V ^

N ì n

n>?3nb >r

7^V3 13 t?3Ji? ib

Hl) ^

ovpJ?

ν ι π 71-13 wi*Tpn bnht

.iii*i\p3

î linrì^W 7>">3 "»»NI "1*3731:1? n?y a ' T i ? ? N i n n

Rebbi Yudan in the name of Rebbi Isaac said in another version: Flesh and blood has a protector. When they tell him, your client was arrested, he will say: I will protect him. When they tell him, he is going b e f o r e a court, he will say: I will protect him. W h e n they tell him, he is being thrown into fire, w h e r e is he and where is his protector?

But the Holy

One, praise to Him, saved Hananiah, Mishael, and Azariah f r o m the fiery oven; this is what is written (Dan. 3:14): "Nebucadnezzar declared and said, praised be the God of Shadrakh, Meshakh, and Abed Nego, etc."

614

CHAPTER NINE

-τü 'ID "p-npa ib νή ο γ ) - t y a . n o w no>vi r o -WON pn?> >a*i a v i γρ> ran aian

JI^I

Nin r j n a « m î ? n baN

,ni»nb π ^ ν ή η

,'iJi , Ν πτ τιτη :Ν- o í a "ut?ì n o·N b o n!?\y >ηϊ>Ν a > r m Nirmτ - : · τ : - : · τ ?:

N i n

'Hi!

. η ν ητ ·:κ ητ

Rebbi Yudan in the name of Rebbi Isaac said in another version: Flesh and blood has a protector, etc. until: he is being thrown to the wild beasts. But the Holy One, praise to Him, saved Daniel f r o m the lions' den. That is what is written {Dan. 6:23): "My God sent his angel who closed the mouth of the lions, etc." R N S NY IB J 1 N 3 O N I^VB

Ν*ιίρι Νipy

."PNVPA IB W? O"N *IYA Η > Ρ Τ N>PY¿N - I O N YRP >A-I

I Í I I O A BW IN^IFL BÜ "TOYI N A N B N

-HTSC? n r i ? by *miy >?ib3

N > Γ Π * 0"TN BY TLNA O N P

.DÍNTI3 I B ^ N

W ' N " I O Í N NÍD) in>A LAB Í N

Í I > N N Ì D RJNA WVT^RI B A N

N i n n 7>p ib n ^ i y ^ N I m i s ?

Í3>N

N^N

ÍN>3&

îho'BÎ? . O B » > >'> O W ? N"JÎ7>

mis?

1 W N 1 ^ J D ?

48

Rebbi Judan said in his own name : Flesh and blood has a protector. If someone is in trouble, he does not enter the protector's place suddenly but rather stands at his door and calls his slave or familiar and that one will say: the man X is standing at the door of your courtyard. Maybe he will m a k e him enter, maybe he will let him stand. But the Holy One, praise to Him, is not like this: If a human is in trouble, he should cry neither to Michael nor to Gabriel, rather he should cry to Me and I shall answer him immediately; that is what is written (Joel 3:5): "Every one who calls on 4 9 the name of the Eternal will escape."

48

In Yalqut Shirrioni Joel (#537), the

49

The sentence is slightly ambiguous;

paragraph and the next one are quoted

one could also translate "who invokes

in a shortened f o r m in the name of

the Name"; that is the meaning given to

Rebbi Yehudah in the name of Rebbi

the verse in the next paragraph.

Jeremiah.

615

HALAKHAH1

n>3

N p a > \ ? 7 rmjpnja

N^pna γύ

n i n i a n a rrçn N ^ n i y ίο

n ç N > ΐ ϋ φ η > γ^Η

Iii» M ? H Γ1Ν ,n>ri> (foi. i 3 b )

Ν ί η ψ >j? * Dw? νί τ (7>

-I&N

ΓΡ> η ι ρ Ν

O»R>? W

IO rP> v i

ΠΝ Ì N O ^ ρ

>3*1 Ί ^ Ν

^aî?

>N*Tin> mpN

.'Νοίη WN

I O N i n ? "J3>>>>3 ΓΡ> Π>?Κ

,n>> i w r i y n o i lit? - i o n

o l ì η ψ Μ nbJi? Ν ί η ψ >o n ç i . l i n n ? * » n w > y ù a w n N i n n . - p y te h^ N i n u n a « m ^ n ?

n^i

Rebbi Phineas said: It happened to Rav 5 0 that he was ascending f r o m the hot springs of Tiberias 5 1 that he met Romans. They asked him, of whose party are you? He said, of Sophianus 52 ; they let him go. The next morning, they c a m e to him and asked him, how long did you carry on with these Jews? He asked them, why? They said to him, we met a Jew and asked him, of whose party are you? He said, of Sophianus. He asked them, what did you do to him? They said to him, it was enough, we let him go. He said to them, you did well. And if a person w h o attaches himself on to the party of a h u m a n is saved, s o m e o n e w h o a t t a c h e s himself to the Holy One, praise to Him, so much more. That is what is written (Joel 3:5): "Every one who calls on 5 3 the name of the Eternal will escape." 50

In the parallel in Yalqut Joel,

the

returned to Babylonia.

story is told of "some man." This seems

51

to be a more correct version, since Rav

Rome manuscript.

spent his time in the Yeshivah of Rebbi

52

"Of Tiberias" is missing in the

In Yalqut

Joel,

t h e n a m e is

in Shephar'am and Beth She'arim in

Popianus.

Western Galilee. Also, the setting fits

[could be P o m p e i a n u s (E. G.)].

much more the time of the military

Frankel wants to emend the name to

anarchy after the murder of Alexander

(Septimius) Severus; but t h i s

iden-

S e v e r u s w h e n Rav had l o n g

t i f i c a t i o n is i m p o s s i b l e

many

since

The name is unidentifiable

for

[Z.

616

CHAPTER NINE

r e a s o n s (it w o u l d r e q u i r e t h a t Rav

anarchy. The history of that period is

stayed at the Yeshiva of Rebbi at least

not detailed enough to e n u m e r a t e all

25 years, that Severus should have ever

local rulers.

been in Galilee, and that in Galilee one

surname Sophus.)

spoke

53

Hebrew

with

a

German

( T h e r e is a

Roman

T h e s e n t e n c e is slightly am-

pronunciation that identified waw and

biguous; one could also translate "who

phe, ν and /.)] The setting looks much

invokes the Name"; that is the meaning

more like that of a local conflict that

given to the verse in t h e next p a r a -

was possible only during the military

graph.

o>>|? ΓΠΓ)! o i - m t p ^ N n>oy> r n r n η??

-ION;

>o

. O i - r p o p 1 ? ^ 7 9 Ψ n o n>>

Nin 0 7 1 Ύψα?

N 7 î ? ? ι ψ Ν Î73

i n i NTOW n ^ t o ^ N

ty

o>pp>>

i n y y Ν ΐ η ψ ·>η n o i

Ν ΐ η η .·)?γ> i o

ΝΙΠ

-ION in

.nN»-n3tD>N£

vm¡?n ϊ ψ ί ο ν ό

ίηψψ

' η OW? R e b b i A l e x a n d r i said, it h a p p e n e d t h a t a p r e f e c t b y t h e n a m e o f A l e x a n d e r sat and judged a robber 5 4 .

H e a s k e d h i m , w h a t is y o u r n a m e ?

H e said, A l e x a n d e r , g o t o A l e x a n d r i a 5 5 .

Alexander!

A n d if a p e r s o n

w h o s e n a m e is t h e n a m e of a h u m a n is s a v e d , s o m e o n e w h o s e n a m e is that of t h e H o l y O n e , praise to H i m , s o m u c h m o r e .

T h a t is w h a t is

written ( J o e l 3:5): "Every o n e w h o is called b y t h e n a m e of t h e Eternal will escape."

54

Note the exact transliteration of

Alexander was executed.

Alexandria

Greek ληστής.

was a very big city in which one more

55

robber would not make a difference.

So that people should not say,

n a o i n ? 7 ) > 3 7 D W ? TOI Ϊ Ο > Ϊ Κ >37 O W ? Ν-ΤΠ > Γ η η r a I & N t ? n i > 3 > 3 7 nn\pn o n Nin 7 m

."pips

to

vm¡?n

ϊ χ 7>y/n 3>ri?7 M i n n

071

~>«n

>37 o W ? t?n?>s >3-1 .>ï«ù>îd

.>> N n - i p o Ν¡77 ΝΙΠ v t y n n \ ? n m y

-»OÍN NID n r i v ? nç-ïo hùN

. ρ ύ>Ν

HALAKHAH1

ο*η -ιψη -ÏQH >hù>?n - o Dinari -ry

•»-»•»an n r i ?

ο ν ή oro>a >?-> ìJiìn

« m p n t r ç y ,n>ri> n^v>î?1 n ^ T î ? ΪΧ ÌI^

OAYIN>

Ννη waì

/p-ivpg ib

i m y p a ? n ì t h IÌÌ D>> n i i i n

. O - W : N P O Ο$ΨΊΗ> NIS

o r p ç > i W N - i n r j i r p n Ϊ Ο Ν n o n ΓΡΠ

*

τρ^)?

WN

. W P P o>N1?ÍF OTPP>Ì

. « P O o>nì>N Rebbi Phineas gave on this subject two sermons, one in the name of Rebbi Zeira, the other in the name of Rebbi Tanhum bar Hanilai. Rebbi Phineas said in the name of Rebbi Zeïra, flesh and blood has a protector. If he bothers him too much, he will say: "There is X who will bother me." But the Holy One, praise to Him, is not like that; He will receive you with all that you might bother him with. That is what is written (Ps. 55:23) "Throw on the Eternal your burden and He will provide for you!" Rebbi Phineas said in the name of Rebbi Tanhum bar Hanilai, flesh and blood has a protector. Enemies come and grab him at the door of his protector's courtyard. While he is crying and before someone could come out, the sword already passes over his neck and kills him. But the Holy One, praise to Him, saved Jehoshaphat f r o m the sword of the Syrians as it is written (2Chr. 18:34): "Jehoshaphat cried, the Eternal helped him and God turned them away from him." That shows that only the cutting off of the head was missing, but God deflected them from him.

SPY? ^ΚΨ

" K Y ^ 'A-I OWN 1Π3Ν

N^N ,η·φ rrç i>3V nja >?ι , ^ Ί Ν ) Np"|?>N?

ΙΓΟΝ >3-17 N N A

nyy n n j i a rpno n p

Í 3 W Tin* N»p-)3>N? 0>ÍW

Kin : j m v m p n i n n ; . o j a o>iw κ ρ ψ n ^ a » ?

^ ^

.'in

°T!

iV?

-πο^ρίηήρ

NID .vwn ρ rrç>a»3i o>pn ·)» o»a i?>sipi .nya?? υ > ί ν ή o»a v>>iw NNÏVI ϊ κ ψ ' Ί ?

n a ^ n > y p p n j v TIN ^ s n

. i j n a ANOP n y b NI*

618

CHAPTER NINE

riis > q i o

n y i y a>n:n Minn

. J i i n N n nia»?

.vwn . 0 3τ " W i e ! »τ ΠΝ1 D»n ν -: ? : τ -

Rebbi Zeira, son of Rebbi Abbahu, Rebbi Abbahu in the name of Rebbi Eleazar (Ρ s. 146:5): "Happy is he whom the God of Jacob helps." What is written after that (Ps. 146:6): "He makes Heaven and Earth." What has one to do with the other?

But a king of flesh and blood needs a

56

protector , he rules over one district 57 but not over another district. A universal ruler 58 rules over dry land; does he rule over the ocean? But the Holy One, praise to Him, rules over ocean and dry land. He saves in the ocean from the water and on the dry land from the fire. He saved Moses from Pharao's sword. He saved Jonah from inside the fish, Hananiah, Mishael, and Azariah, from the fiery oven, Daniel from the lions' den. That is what is written (Ps. 146:6) "He makes Heaven and Earth, the oceans and all that is in them." 56

57

"King" was a title forbidden in

Rome;

a 'king' is a small

Greek επαρχία.

58

local

Greek κοσμοκράτωρ. In the

potentate who needs a Roman (or,

parallel, Avodah zarah 1:1, the word is

possibly, a Persian) emperor as a

written noipinnp. There, the universal

protector.

ruler is Alexander the Great.

! m aτ n-

59

o >τ i: n v n i a ητνην) ο>ύ τ s ιτ ν

π π- ν- n -τp s· o - i nwy» Noiron >·η -ion ν τ : - τ

τ η ν - ! o » a b r n -tyt> l o ^ y t n y

Tnis"!

ìNnw η>3

.otos

n ^ i N n . i p i i*r>? inN*i> b o ù ί?>πτΐΓη ì^ijp

Νΐηψ ν μ η ψ ψ :pD>N ^

Mlî?

Î7D3 p i i ' J i n TÇJJ "PO IV?

dip

. ΐ ί ί Ρ Ϊ Ν1Π"!

.πιη»η ì i » n > n m o t o s i!?>yin CPPVP*

o?jw

niiy

P 5 V 1 i n n a r i N ì n ni"»? w i i p n w i a n !?3>PI p y s i

V a ^ o >y? t i n n>> pia>ri i n i N } to ì - » ? n J^N i b n o N

>·ηη> τ η * p w r i n a n ? m

. n a i b y N»3Ü?N i n n i »

η ύ ρ > -τη^ι τ π ν - ^ 3 rtn> YIDN n ç i i n > - » e *

.oit?? Tù

619

HALAKHAH1 1Ì3>K

.17333 •prU^ÌVO'! N D n

.oto? ή η >

iMnp

D a ^ i » N>3pDN γΐ3>Ν

n ^ "pnoy l i n n p y o · )

n ' J r p n Nirm

linnpyo-!

"Ρ^ν"!

.îjiay î p n ^ ï f

ΓΡΙ^

j ^ n i I D N ' ^ s j?n VÏH

Rebbi T a n h u m a said: A happening with a ship of Gentiles that sailed the great sea and on it was a Jewish child. T h e r e c a m e u p o n t h e m a big s t o r m ; e a c h o n e got up, t o o k his idol in his h a n d and called u p o n it, without result.

W h e n t h e y saw that it was of no use, t h e y said to that

Jew: Son, get up, call on your God, f o r w e h e a r d that H e a n s w e r s you w h e n you cry and H e is strong. The child immediately got up with a full heart and cried; the Holy One, praise to Him, received his p r a y e r and the sea quited down. W h e n they c a m e to dry land, each one descended to buy his needs. They said to that child, d o you not want to buy a n y t h i n g f o r yourself?

H e said t o t h e m , w h a t d o y o u w a n t f r o m t h a t u n h a p p y

60

stranger . They said to him: Are you an unhappy stranger? They are an unhappy stranger; they are here and their e r r o r s 6 1 are in Babylonia, they are here and their errors are in Rome, they are h e r e and their e r r o r s a r e with them, but are of no use to them. But you, e v e r y w h e r e you go, y o u r God is with you. That is what is written (Deut. 4:7): "Like the Eternal, o u r God, always when we call on Him!" 59

Reading of the Rome manuscript;

the spelling is "J03K, G r e e k ξ έ ν ο ς

Venice print D'a

"stranger, guest", with prothetic κ.

60

61

At other places in the Yerushalmi,

Their idols.

.ία π "tío nid "vyjy n>n on .nr>¡? Sì γΛ o*n -ιψα i m \y>p} -β "pynw p

ì3>n N i n r j m v m p n ì n N

.in i a t o

n>n o n )

^ n i y o > o y \ ? nçi .>jrn >γ»ν ojiìn »nip wn rmnorin r n n > ? ^ n ?

on .nnp to 071 itya

13 -pypw >3-η νπν >3*η yaN >3-1

620

CHAPTER NINE

wn i m

v m p n biN

aipno

.ioy> n i ? o"î»î

i n n d o î n n i d oiî)ioib>a n>în Ninn o>ai-)p ^ h r ç t y r ^ p ΝΊόΡ

Rebbi Simeon bar Laqish said, flesh and blood has a relative. If he is rich, he acknowledges him. If he is poor, he disawovs him. But the Holy One, praise to Him, is not like this; even if Israel is in deepest distress, He calls them My brothers and My friends. What is the reason (Ρ s. 122:8): "For My brothers and friends."

Rebbi Abun, Rebbi Aha, and Rebbi

Simeon ben Laqish: flesh and blood has a relative. If he is a philosopher, he says: "This X is related to us." But the Holy One, praise to Him, calls all of Israel relatives; that is what is written (Ps. 148:14): "He raises the fortunes of His people.62" 62

While there are numerous verses

future. The quote may indicate that dv

d e c l a r i n g Israel as His p e o p l e , it

should be translated as "relative"; this is

belongs to the style of a sermon to

the meaning attributed to the root in

close with a verse promising a better

theophorous names.

i r m i » ->î?)W r p - α " i o ì n r n ç r n i i v u p o r n p i ^ V o i p j p Λ n i v » (foi. i2c)

.WiHNO r n ç Mishnah 2: At a place from which paganism was uprooted 62 , one says: Praise to Him Who uprooted paganism from our Land. 62

A place where a pagan temple was destroyed or converted to profane use.

ON ÏQN bNnty? ^nis Jii»ip>?-!?3n l o p y a y s n^? 3 ?!?

:a

( fo1 ·

13b

>

rnpyi

m n o i p o n i>? rn$ m i l * ) - i p y y rp-α i o ì n *tiw m p n o i o p y ?

ο?9ΐ<

ijvrç nniN ία r o d i v i Dipo , ί π ν ο ί ρ η ι π ^ ι ρ η i n * o i p j a p

>n> . m n oip)3n ρ r n t n i n i » n p y y

n

"iî?V?V o i p p i

HALAKHAH 2

dìo ο ψ φ η ρ

ΓΐπίΝ

ow? wriiiN

ν"!?·)

η>

rrçin? η κ n o w

i ? "py>?w

621

w v ù n >'>

"|iìn

o ^ i d π ί η ί ρ φ η v ? π π ι κ - » i p y r i ïï? >?ri

.rn\ rniny

ïy

ttgna

O? -»ni!? Halakhah 2: Our Mishnah if it was uprooted from all places of the Land of Israel, but if it was uprooted only from one place, he says: "Praise to Him Who uprooted paganism f r o m this place. 63 " If it was uprooted from one place but established at another place, there where it was reestablished he says: "Praise to Him Who is patient." W h e r e it was uprooted from, he says: "Praise to Him Who uprooted paganism from this place. May it be Your pleasure, our God and God of our fathers, that just as You uprooted it from this place, so uproot it f r o m all other places and turn the heart of its worshippers to worship You." Does he not pray for pagan worshippers 64 ? It was stated: Rebbi Simeon 65 ben Gamliel says, also outside of the Land he must say this. 63

This version is not found in the

parallels, Babli 57b, Tosephta Berakhot

graphs. 65

Reading of the Rome manuscript;

6:2, Ruth rabba 3(2); they all apply the

the Venice p r i n t has "R. Ismael ben

text of the Mishnah to a single des-

Gamliel" who otherwise is unknown. In

troyed temple, even though Ruth rabba

the Babli, the name is R. Simeon ben

is a ( l a t e r ) t e x t in t h e G a l i l e a n

Eleazar and it is explained that even

t r a d i t i o n . T h e f o l l o w i n g t h r e e sen-

the f i r s t T a n n a r e q u i r e s t h e b e n e -

tences a p p e a r in t h e version of t h e

diction to be recited, only without the

Mishnah in these three sources.

following prayer.

64

reason is that at the End of Days all

T h e answer to this question is

given p i e c e m e a l in t h e n e x t p a r a -

l i n o ? γ ή o » n r r i o Hit*. d i n n i o ? N)pi|\p n n

There, R. Simeon's

peoples will abandon paganism.

.I>JTD ->ro>

.inppri r m y n o

, - n i n > I ^ N >p

i3ni> >n-) *VJN

. m p r i t > v p >n , τ η ρ π "TiNft i r ç h

622

CHAPTER NINE

Rebbi Yohanan 6 6 said (Eccl. 9:4): "Who is it that has been connected?" It is written: "may choose."

All living beings have the certitude that as

long as a human is alive, he has hope.

When he dies, his hope is lost.

What is the reason (Prov. 11:7): "When an evil man dies, hope becomes lost." 66

In the parallel in Ruth rabba, this

beings have confidence; truly a living

paragraph and the one a f t e r the next

dog is b e t t e r than a d e a d lion."

are taken together; the insertion of the

being joined

Is

next paragraph is d i f f i c u l t to under-

word is read, but "may choose" is the

stand.

ketib,

is the qere, the way the

the way it is w r i t t e n .

The

The argument of R. Yohanan r e f e r s

interpretation given the ketib h e r e is:

mostly to the p a r t s of this and the

All the living can have confidence that

preceding verses that are not quoted.

they may choose (the way of virtue),

"That is evil in all which is done under

but d e a t h is final; n o t h i n g c a n b e

the sun, that the same happens to all;

changed a f t e r death.

also, the heart of humans is full of evil,

dog (a living sinner) is better (might by

hooliganism is in their thoughts during

r e p e n t a n c e a t t a i n a h i g h e r s t a t e of

their lifetime, but their end is with the

holiness) than a dead lion (a good

dead. Who is being joined,

person.)

•>W)> Η)>φ -ji-q o v •ρΝψ ,N\pn

Ηϊφ

all living

Hence, a living

-içi!? ο"τκ - p - u o ' - m n y ^ y j d o ì n γϊτιπ> r n >?ri - j m i ,ηψΝ w y Hiy

113 Τ>Νψ Ί ί ΐ

tpia

r p i a .-na w y n t y rjì-α .VT?}

O ^ D Î73 D1Í7? 0>Ί*Π

. r i i ^ n n ty rrns)? η φ κ η ν κ ψ Π^Ν

Ν

îp">?

It has been stated: Rebbi Yehudah 6 7 says, three things a man has to recite every day: Praise to Him Who did not make me a Gentile.

Praise

to Him Who did not make me uncivilized 68 . Praise to Him W h o did not make me a woman.

"Praise to Him W h o did not make me a Gentile,"

because Gentiles are not considered to be anything, (Is. 40:17) "all Gentiles are nothing b e f o r e Him."

"Praise to Him W h o did not m a k e m e

623

HALAKHAH 2

uncivilized," because an uncivilized person cannot fear sin 6y . "Praise to Him W h o did not m a k e m e a woman," because w o m e n are not commanded about benedictions 70 . 67

Menahot

Babli (Menahot 43b-44a) it is reported

H o w e v e r , R. R a b -

that R. Jacob bar A h a c h a n g e d this

In the print of the Babli,

43b, "R. Meir."

an

benediction to "Who did not make me a

Egyptian manuscript of the Babli that

slave," since an uncivilized person can

have "R. Yehudah", as well R. Isaac Fasi

become civilized; his state of ignorance

binowitz notes a German

and

and Rosh, in line with the Yerushalmi

is not God-given.

and the Tosephta, Berakhot

The

69

entire paragraph is from R. Yehudah in

70

the Tosephta.

mandments", not even "positive com-

68

The uncivilized person is one who

mandments tied to a fixed time" that do

knows no Bible, no Mishnah, and no

not apply to women, but "benedictions",

trade.

as in C h a p t e r 6, H a l a k h a h 1, f i r s t

6:17.

Since he cannot know what is

forbidden, he cannot f e a r sin. In the

o n? bτ v)> i n n: · orp-p iowav) o nτ i N τ : IT ν wjw

'Ν lî?rn> p - l O ' p i ί)1Λ

Ί η ί Ν aìJiDn

Mishnah Pirqe Avoi 2:6. Here rm*a cannot mean "com-

paragraph.

· -:

,-airv -iwn >o >3 ν π ν• >:n -»on τ ·.· -s » • · · •

on>*H ι υ ψ ΰ

,·ρηυι

O ^ í y J13W WtfJ") ΊΚ)ίΝ NID V W V?0 V *

-Tiaiwr)

vni^ni

>3υρ

,'W OÌ7ÌV row 13V) >": ) τ ^ - · ; IT

71

Rebbi Aha said, "Who is it that has been connected ?" Even those that stretched out their arms against the Sanctuary 72 have certitude.

It is

impossible to bring them near since they stretched out their arms against the Sanctuary. It is impossible to keep them far since they repented. On them it says (Jer. 51:39): "They will sleep eternal sleep and never awake." The rabbis of Caesarea say, Gentile m i n o r s 7 3 and the armies of Nebuchadnezzar 74 will not live, but never will they be judged. On them Scripture says: "They will sleep eternal sleep, etc."

624 71

CHAPTER NINE Rebbi Aha explains the verse such

h a v e no p a r t in the F u t u r e W o r l d ,

as it is written, who is the one who is

against the (prevailing) opinion of R.

c o n n e c t e d t o God and t h e f u t u r e

Joshua that all who d i e as c h i l d r e n

world? Every human, as long as he is

have part in the Future World, as it is

alive, has this possibility.

written (Ps. 116:6): "The Eternal is the

The para-

g r a p h is i n s e r t e d h e r e b e c a u s e t h e

guardian of the simple ones."]

verse was mentioned.

74

72

who, in contrast to the Romans, did not

Tried to destroy the Temple or

Who destroyed the Temple but

helped in destroying it. By necessity,

do so out of h a t r e d of J e w s

these are Gentiles.

Judaism. In Tosephta Sanhédrin

73

Who, as minors, are incapable of

is said that "for those who s t r e t c h e d

sin, but who, growing up as idolators,

out their arms against the Sanctuary,

cannot have merit.

Tosephta

the gates of hell will be l o c k e d and

13:1, the opinion of Rabban

they will be punished t h e r e f o r all

G a m l i e l is q u o t e d that c h i l d r e n of

eternity." It is explained here that this

(Jewish) evil doers (who die in infancy)

is valid only if they did not repent.

Sanhédrin

l i a >3-)

[In

> o v >3-1

and

13:5 it

n o > O>NJ n > a I O Í N r n t r r m v Ji*a OS!? n a i y n

,ΟΊΠ> O V Ï ! ? Ï $ n a î t ->»ÍN r m r m a v ^

ο π ί Ν ΠΝ-> η > » a n o w a

He who passes by a pagan temple says (Prov. 15:25): "The Eternal will tear down the house of the haughty." Rebbi Yose, son of Rebbi Abun, in the name of Rebbi Levi: "If he saw them sacrificing 7 5 to an idol, he says (Ex. 22:19): He who sacrifices to gods shall be devoted to destruction." 75

This is the reading of the Rome

manuscript. The Venice print has I'Vara

"bringing manure," meaning the same, but using language of contempt.

rp-»a - i p i N o w n n j s i n a > ? n u n ì i i r p ? r i j i n ) T i r v a n n i s i ' w i s r i η** π ν ι λ π ·)>>! r j r a - i p i N ρ η ψ r j ì - i a Ι Ό Ν >yp>? ρ

n ç o N)?wn γιν)

ΓΡΠ O N ϊ η κ

τιι$ . n i n a n j u s

.larici ο ν ΐ ΐ ψ ?

vtpwo

.rijahf

. n i n a r j ΓΙΝ r o v o

625

HALAKHAH 2

He who sees a black man 7 6 , a red man, an albino 77 , a beanstalk 7 8 , or a dwarf, says: Praise to Him who makes unusual creatures; the amputee, the blind, or a person covered with boils, he says: Praise to the True Judge. This baraitha if they were whole and then changed. But if they were so from the mother's womb: Praise to Him who makes unusual creatures. 76

"Black man" here does not mean a

the Tosephta n ' t ' i

Rashi gives two

Negro but a Caucasian with a swarthy

explanations: 1) a potbelly, 2) a tall

complexion since it is stated in Babli

person with a bloated face. However,

Bekhorot 45b that a "black" man should

the Babli Bekhorot 45b defines nop as a

not marry a "black" woman lest their

tall person whose f r a m e is much too

children would be genuinely "black".

thin; the Mayence commentary ascribed

77

Greek λευκός "white".

to Rabbenu Gershom is the source of

78

In the Babli (58b), written nop, in

Rashi's second explanation.

J1ÍN3τ J 1 V 1 3 i Oτ aτ pI ··W I·»V i aτ "H3ÌN D»N3 DTK >331 D>N3 nÌ3b>N ΠΝ ί η Πτ · τ τ τ · · : · τ τ ? η τ ? 1 » ΠΝ3 η ψ Ν Γ Ρ ύ

1? ι Ο 03Π31

·)3ην

n i n a » o a r p y HÏÎ<. ïot3 ί?ψ r j m ^ T J ΗΪΗ

")3*Ì? η ψ ν ο

io^iv?

Ν3>3Π "Il >t?i> >3"! OW? (fol. 13c) N V J ^ >3Ί "ION ,-içn

79

n\M|?P3N

.ion ne

.in m>>y i r m

ΠΝ3 n i n o π ι ο ο ί ο π ν ί

.o>w33 !?3ΓΐΌη>

-jai

ÌD-»I κ

·ρψ

io^iy?

HÏ niio

. i n ^ i y ? TiiK3 n i n ?

. i n a i o ? η ϊ ψ n a o>anì .010212 inn l i »

.nn>n N n > p i n p y

He w h o sees beautiful trees or beautiful people says: Praise to Him Who created beautiful creatures in His world 80 . It happened that Rabban Gamliel saw a beautiful Gentile woman and recited a benediction over her. Did not say Rebbi Zeira in the name of Rebbi Yose bar Hanina in the name of Rebbi Yohanan (Deut. 7:2): "Do not favour them," do not ascribe charm to them? He did not say "may there be no harm" but "Who created beautiful creatures in His world," since even if one sees a beautiful horse or a b e a u t i f u l d o n k e y , o n e says: Praise to Him W h o created

626

CHAPTER NINE

beautiful c r e a t u r e s in H i s w o r l d . women?

D o e s R a b b a n G a m l i e l u s u a l l y l o o k at

It w a s a c u r v e d r o a d , l i k e a pwpsdwssl\

h e l o o k e d at h e r

b e c a u s e he c o u l d not a v o i d her.

79

Reading of the Rome ms. Venice:

KopDSK, but in Avodah

zarah

1:9, t h e

b e a u t i f u l c r e a t u r e s in His w o r l d , " without reference to Creation.

Venice text is equal to the Rome text

81

here.

parallel in Avodah zarah and in

Greek ά β ά σ κ α ν τ α ,

"secure

This word is unexplained. In the Arukh,

against witchcraft, f r e e f r o m harm" (D.

t h e s p e l l i n g is o n i i o n , R. S a l o m o n

de Lara in njina ms).

Cirillo has o i o r a

Avodah

In t h e Babli,

zarah 20a/b, Rabban (Simeon

b e n ) G a m l i e l is r e p o r t e d

R. J. Levy c o n -

jectures Greek σ π ε ί ρ α "a spiral (road)".

to h a v e

R. M. M a r g a l i t (ni»D 'Jo) t h i n k s t h e

quoted a verse (Ps. 104:24): "How great

word is L a t i n a t e , similar to I t a l i a n

are Your works, o Eternal!"

passavia "passageway; bridge." It could

80

In t h e B a b l i ( 5 8 b ) a n d

the

be Greek π ε ρ ί ο δ ο ς , ή "way a r o u n d ,

Tosephta (6:4), the formula is "Who has

circuit, circular path" (E. G.).

η>

o>nn o?n : j m

-içN

.njppn J i i m o a ιιψ

V~PP >p Ì N

,!nV>n y i p ? i w ) ? ? r p m .»pip

pnp?

iipiN - m n

»op

. N ^ I V ΝΊ>Ρ>Ν!? m i p N>?"ìì>?

.rmn!?^ ntnow

.rmo!?î rmi!? ,Γ0>3

")ΓΙ3

If the c o c k c r o w e d , o n e says: Praise to H i m W h o is w i s e in secrets; ( J o b 38:36) " W h o put w i s d o m in kidneys? 8 2 ". calls s h e e p yovel83;

R e b b i L e v i said, in A r a b i a o n e

(Jos. 6:5) "it will be w h e n the ram's horn is blown." In

A f r i c a 8 4 , t h e m e n s t r u a t i n g w o m a n is called galmudah,

(Is. 4 9 : 2 1 ) "I a m

childless and barren." In R o m e 8 5 , o n e calls a c h i c k e n sekhwi "who g a v e understanding t o the

82

38:36)

sekhwiT'

W h o put

k n o w l e d g e of t h e k i d n e y s , only ac-

wisdom into kidneys, who gave insight

cessible to God. The verse lends itself

to the sekhwiT

better to the Babylonian version (60b):

sekhwi

T h e f u l l v e r s e is:

(Job

T h e insight of t h e

is c o m p a r e d to t h e

hidden

"Praise to Him Who gave insight to the

627

HALAKHAH 2 sekhwi to distinguish between day and

by R. Aqiba in Babli Rosh

night."

T h e t e x t of t h e

Hashanah

Galilean

26a; it must refer to the Hebrew usage

benediction is a disapproved version of

of Jewish t r i b e s in A r a b i a , not to

a benediction to be recited if one sees

Arabic. [There is an A r a b i c word Vai

a great scholar, Babli Berakhot

"giving lots of milk".]

58b.

The following explanation of words,

84

parallel to one given in Babli

is Gallia (or Galatia). T h e etymology

Hashanah

26a,

refers

Rosh

to

the

In the Babli, the place r e f e r r e d to

of t h e word has c o n n e c t i o n s

determination of the m e a n i n g of t h e

Arabic noVa ,ioVj "rock."

word sekhwi

85

(that is not quoted, only

with

In the Babli, on the authority of R.

understood, at this moment.)

Simeon

83

Greek-speaking Kenisrin, near Aleppo.

The same identification is given

, π φ rrç p n i i g a t i n g V ^ y o w ? -iniN

ΠφΡ ΠΝ-|

ino

.·>3Α!ρ

nìo-) v i * ]

pi!?n n x m . v m > > p t o n hxq

. o n n y o i ο>»>ρψ>? j i ì » ì ) o ì n y-i n i i N -»»ÌN N>?it 15 n > n p i

JinN nD>nn inwN

35 i n N ) -lani 0 3 ? 7195 ,>3a>

,>ja> m o Nwri

m i o

>ia> i p n n p toíOp ϊψη

no?

>p - i ì p ^ - i o ì n N ì n p i

toN-io

n ç >pi

. f t >ni?PN · : - τ

a i o m i N îjpn

,>ia> N > p n r i i p > n n n»3P

u n i

j i n ^ ?

^ P N

m -o τwν m i- o - ^ pτi : . f t >ipri\y w' · - p i p · τ η > ? η ϊ χ ι π1»"»?

.ηηίϋ> η?3η

-ίψΝ i ^ a

y*ìt w i n

l i m o n d i n yi> n i y > v

·>τι>Γΐψ n ç >pi r p a n n ! τ?· ,n· m -oτ Hi

n)?-t7p

"vpy

N S Í O i J i n r i ^ ? 7 0 Ì V >3N1 H t m ? > P N ÎJ? "1ΠΝ"!

N s i m J i n o ^ ? *r»iy

-vo\H

r n t ΥΠ

•)?>>•; m

iniy ^nì

n? npi-τ i n v i ί>ν I P

w o w ì ? Ì ^ N - ! » N - U ^ rp-rç

H ï y ny l i w ï o n D I N y?> n n ?

n ^ N ) I\?>PI

is

. o > n n o p q r j n a *ìoìn V P ^ p i N n ^ i - i n

p p t o p i N nNi-i τ ν η ψ ρ Noi* ρ

.nona

ne?

ben L a q i s h , t h e p l a c e

.vjai

.>>a> N > p n 1 » m o

rno^

:ο>ϊόΝ n-iiv)

He

86

who sees multitudes says:

Praise to Him Who is wise in secrets!

Just as their faces are not similar one to the other, so the opinions of one

628

CHAPTER NINE

are not similar to another's.

When ben Z o m a saw m u l t i t u d e s in

Jerusalem, he said: Praise to Him Who created all these to serve me. How much did Adam toil until he could eat one piece of bread!

He

plowed, sowed, harrowed, weeded, harvested, bound sheaves, threshed, winnowed, selected, milled, sifted, made dough, split it, baked, and only after that could he eat a piece of bread. But I get up in the morning and find everything before me. See, how much toil Adam had to expend until he obtained a garment to wear! He sheared, bleached, separated the fibers, dyed, spun, weaved, washed, sewed, and after that he obtained a garment to wear. But I get up in the morning and find all before me. How many professionals work mornings and evenings! But I get up in the morning and find all before me. Similarly, ben Zoma said: What does a bad guest say? What did I eat from the householder, what did I drink from the householder? One piece I ate from him, one cup of wine I drank from him. All the effort he put in he did only for his wife and children! But a good guest says, praised be the householder, may the householder be remembered in a good way! How much wine did he bring before me, how many cuts did he bring before me! How much work did he do for me! All that effort he did only for me! And so it says {Job. 36:24): "Remember to magnify his work that people saw!" 86

All three sections are in almost

before the bad one; then for the quote

identical form also in the Babli (58a)

from Job one has to return to the good

and the Tosephta (6:2). In both Babli

guest.

and Tosephta, the good guest appears

Yerushalmi looks more original.

Hence, the v e r s i o n of the

629

HALAKHAH 3 Nin n i n n r i ^ t>y·) D>n»n

o ' n j n n ^Vl o>p*un Jiija?n

n o w Γφη>

o n m by

niynn 87

.o>obiyn

o > p n n by

rowa

ίηί3ψ rjma -iniN

. ΐ ν ψ Η Ί ί n y i y i n } -iniN ν ι π i m n i n n b y i i m n ^ n

ι π Ν ί ι Ν ί η ψ i n ^ i b v r î n D»D n y η ψ ν ψ i n i - i n w b r u n o » n JIN n ç m n . i > p o n · ) n i ü n t j n a n o w m n η ί α ί υ j i i n w ? by"! o>>3 njj^i w i n

Π31 .ri^Nri

by

ο>ΐ?η τ 9>

r j m a - I » Ì N KID n i y n n n i y i n v y b y t

b y i n i i o n " p y p n y n n by :n.a>?

" V ^ V

o'VHD .njnn v v n n a i o n

Mishnah 3: On ziqin&s, earthquakes, lightning, thunder, and hurricanes, one says: Praise to Him Whose power 8 9 fills the world. On mountains, hills, seas, rivers, and deserts, one says: Praise to the Maker of Creation 90 . Rebbi Yehudah says, he who sees the ocean says: Praise to Him Who made the ocean; if he sees it at intervals 91 . On rains 92 and good tidings one says: Praise to Him Who is good and does good. On bad news, one says: Praise to the True Judge.

93

If one built a new house or bought new

garments, he says: Praise to Him Who let us reach this time. One recites the benediction for bad news containing good and for good ones containing bad 94 . 87

This is the text of the Mishnah in

determination is probably the correct

the Halakhah, fol. 14c. In the separate

one since it f i t s t h e c o n t e x t of t h e

Mishnah, fol. 13c: oViy kVo innaai maw.

Mishnah and its author has the highest

88

a u t h o r i t y among those w h o e x p l a i n

The Yerushalmi does not d e f i n e

κρ'τ. In the Babli (58b), Samuel defines

difficult words in the Talmudim.

it as "star with a tail", which may mean

89

either a comet ( A r u k h s. v. 333) or a

many (mostly Ashkenazic) manuscripts

meteorite (Rashi). Arukh s. v. ρτ quotes

of the Babli and the Mishnah, one adds

Rav Hai G a o n as d e f i n i n g Kjrr as

i r n w « "and His strength."

thunderless lightning that illuminates

90

an

"His strength" in the first sentence, add

entire

cloud.

The

latter

In the Rome manuscript and in

T h e same manuscripts that add

630

CHAPTER NINE H o w e v e r , in t h e H a l a k h a h , t h e dis-

"the work of Creation" here. 91

T h i s is t h e r e a d i n g of

all

cussion belongs to Halakhah 3; Hala-

manuscripts of Yerushalmi, Babli, and

k h o t 4,5,6,7 b e l o n g to

Mishnah, except the Leyden manuscript

5,6,7,8, respectively. The numbering of

and the Venice p r i n t w h o h a v e this

Mishnayot

language only in the Mishnah, but the

correspond to that of the Halakhot.

quote in the Halakhah reads:

94

"Rebbi

has

been

Mishnayot

changed

to

This sentence is not commented

Yehudah says, he who sees the ocean

on in the Halakhah; hence, the trans-

says: P r a i s e to Him W h o m a d e t h e

lation follows the interpretation of the

ocean; if he sees it at intervals, he says:

Babli:

P r a i s e to t h e M a k e r of

Creation."

flood that d e p o s i t e d a l a y e r of new

However, f r o m the discussion in t h e

earth on his field, it is bad news now

Talmud it is clear that this is a scribal

and requires the benediction f o r bad

error.

news, even t h o u g h he will g a i n an

92

In Israel, where there is only one

advantage when it is time to plant next year's crop.

rainy season. 93

If his c r o p was r u i n e d by a

In the Mishnah, this is Mishnah 4.

nivvtn ^

W T O O inai?

:> r o b n

Halakhah 3: Bar Kappara stated: One blows the shofar because of an earthquake 95 . Blowing the shofar on days other

catastrophy which requires repentance;

than Rosh Hashanah was only done on

hence, he disagrees with the Mishnah

public fast days. This means that Bar

and requires the benediction "the True

Q a p p a r a d e c l a r e s an e a r t h q u a k e a

Judge" for an earthquake.

95

13ΝΊ

·ρα>ΐΐρ . o b i v n n n n n t r o p a N ^ n i n n - a y VN I O N b w o y )

"?Νΐονμ ji>>

.D3>n v i > Í N n a > n i7>y> IN I ^ S N ΓΙ>> · ρ η > Ί Ο Ν inn ρ

-a

">3θ> >)? a w b y t ù t t

Nynni .ο>ι?^ nby ï W V

»PI

,-ny

"|»>?η

íon ο ο η

ιο^

.κιπ n ç y p

k w

. n oτ D: τr a:

631

HALAKHAH 3

S a m u e l said: world.

w o u l d p a s s b y Kesil96,

If that ziqa

T h e y o b j e c t e d t o Samuel:

it w o u l d d e s t r o y t h e

D o w e n o t s e e t h a t it p a s s e s b y it?

said t o t h e m : It is i m p o s s i b l e ; e i t h e r a b o v e o r b e l o w it.

He

S a m u e l said:

I

k n o w t h e p l a c e s 9 7 of h e a v e n l i k e t h e places of m y c i t y N a h a r d e a ; e x c e p t f o r that ziqa,

I d o n o t k n o w w h a t that is. D i d S a m u e l a s c e n d t o h e a v e n ?

N o , f o l l o w i n g (Job.

38:37): "Who m a y d i s c o u r s e about

heaven

in

wisdom98?"

96

The statement of Samuel and his

Ibn Janah defines kesil as the star

that in A r a b i c is called suhail,

"Cano-

q u a l i f i c a t i o n s a r e also q u o t e d in t h e

pus". Ibn Ezra i d e n t i f i e s t h e word as

Babli (58b).

T h e t e x t of t h e Y e r u -

meaning "Pleiades". Since t h e Pleiades

shalmi is quoted in s l i g h t l y c h a n g e d

are seen only during summertime in the

form in Arukh, s. v. 331

Northern

97

Hemisphere,

this

might

Derivative of ρν» "market place,"

justify the c h a r a c t e r i z a t i o n of kesil as

[maybe a pun on D'pn© "skies" (E. G.)].

"hot" in the Babli (58b).

98

n>> d o n m o i

I. e., be an astronomer.

. v b ì y ì n i y n v i s a n n > 5 ? o > n i n ? >a->!?

. n a : ρ π > Ν *>

>3V) ιη>>ΐ?η> *T>PO N n

τ > ρ η t a i n TON a i r o

VN^in

vairp

i> ·>?)) - r > o n

Ί ^ τ ρ

o i p o ϊ ψ ú i s n pvyiy î r t o y » ρ κ ψ n j / y a

.otos

"'»Ν

"TVl^ì

nv*io>ri >riaa o > a o N ì n i n a v m p n ^ n y m •)it»9i< N ì n a*).n ί ν π ρ » n > a ì rn!?^·; ^ γ ή λπό

ija-η

ì>n î J N i o y ' a n -»on

1

VW ? -tai

n o ? iràyjv

i-ip>y ρ

.νήκη iniN ï h o n n un

ytytn y w >d n n

ίηκ

imo^-ip

>í i ì n ^ η·>πρ-τ N ì n n

Ì P ^ N n y t y n ΠΓΙΝ N i n r j r a v m ^ n *ÌON

;?>ayja n m

i m

ì ^ n

Ν " ) ? ? Ν ' Ο ΤΙ3

ty

o > a ç n ΊΟΙΝ

útá-) vwiy ϊ Η Ί ψ ' ψ n y y ?

V p w ? l ^ N ] r o y n n n N -ryi n w r i n w n n o m

.ini} irayja

. j m y y i ? } n o r u ? "pya

. u ^ y ? " ! o n n ? ya? " T j n n ì

V ^ r i i n y y » VN'irim oip)p

'a") "iDN

a i o ^ -nat

inaivi?

,-tiDt a ? y > P "PV? Ν Π Ν w y ογιό^ι

.nptoonn

632

CHAPTER NINE

>3 . n ç >??>? .bhrii >pvNn w ü i j i í

J^NI n n ? , π ο > ο p o $ r i

h ^

.*> π ί α ψ ο ρ î m ï y Elijah, may he be well remembered", asked Rebbi Nehorai I0 °: Why do earthquakes occur in the world?

He said to him, because of sin

concerning heave and tithes. One verse says (Deut. 11:12): The eyes of the Eternal, your God, are permanently on it. Another verse says (Ps. 104:32): He who gazes on the Earth and it trembles, He touches mountains and they smoke. How can these two verses coexist? If Israel fulfill the will of the Omnipresent and separate their tithes following the rules, "the eyes of the Eternal, your God, are permanently on it f r o m the start to the end of the year" and they will not be hurt by anything. If Israel do not fulfill the will of the Omnipresent and do not separate their tithes following the rules, "He gazes on the Earth and it trembles." He said to him, my son, that is the reasonable explanation. But the main thing is that if the Holy One, praise to Him, sees theatres and circuses existing in safety and quiet, but His temple is destroyed, He is menacing 101 His world to destroy it; that is what is written (Jer. 25:30): "He will roar on His Place," about His place.

Rebbi A h a 1 0 2 said, because of homosexual

activity. The Holy One, praise to Him, said: You made your member tremble for something that is not for you; by your life, I shall make My world tremble because of that man.

But the rabbis said, because of

quarrels (Zach. 14:5): "You will flee by the valley of the mountains, for the valley of the mountains will reach Azel 1 0 3 ."

Rebbi Samuel said, an

earthquake presages a change of government, as one says Uer. 51:29): "The earth quaked and trembled," why? "for the intentions of the Eternal overtake Babylon."

633

HALAKHAH 3 99

t h o r i t y as t h e p r o p h e t E l i j a h ) d o n o t

This is t h e regular honorific given

to Elijah w h e n h e is m e n t i o n e d in his

count.

dealings with men. One cannot say "his

103

r e m e m b r a n c e for a blessing" as is d o n e

the one not quoted: "You shall f l e e as

for p e o p l e w h o d i e d , since h e did not

you fled because of t h e e a r t h q u a k e in

die.

t h e d a y s of U z z i a h , k i n g of J u d a h . "

T h e relevant part of the verse is

A student of Rebbis Joshua and

Uzziah q u a r r e l e d w i t h t h e priests and

T a r p h o n , of t h e f o u r t h g e n e r a t i o n of

wanted to usurp t h e i r f u n c t i o n s in t h e

Tannai'm; his s t a t e m e n t s a r e m o s t l y

Temple.

aggadic.

day, w h e n I s a i a h s a w t h e S e r a p h i m

101

Greek απειλών.

flying in the Temple (Seder Olam Chap.

102

T h i s s h o w s t h a t in

100

T h e e a r t h q u a k e was on that

20).

homilies,

p r e c e d e n t s (even f r o m such an au-

ο ^ ψ

κ ι π - ] ΐ - α v m ^ n N - i a n o >590

>a-»>

o>ao Nìn VNOin n i n a n w n j ^ a i n - o j τρί*

toN

1>??,i2>?

ηίυ^

il? - i o n

>Ί[Γ) ^ ί ϋ i n a Ì W

udì

. i o ^ i y a orçrçry»

ì ^ N n o "»piNI i r a

Tvoop Elijah, m a y h e b e w e l l r e m e m b e r e d , a s k e d R e b b i N e h o r a i : W h y did t h e H o l y O n e , praise t o H i m , c r e a t e a b o m i n a b l e a n d c r a w l i n g a n i m a l s in H i s world?

H e said t o h i m , t h e y fill a n e e d b e c a u s e , w h e n m e n sin, H e g a z e s

at t h o s e a n d says, if I a m k e e p i n g t h o s e w h o h a v e n o u t i l i t y , c e r t a i n l y I shall k e e p t h e s e w h o m i g h t h a v e u t i l i t y . utility104:

H e said t o h i m , still t h e y h a v e

a f l y f o r w a s p s 1 0 5 , b e d b u g s f o r a l e e c h , snail f o r s k i n r a s h 1 0 6 ,

s e m a m i t 1 0 7 for the scorpion.

104

A similar s t a t e m e n t is f o u n d in

Babli Sabbat

77b, by Rav Y e h u d a h in

the name of Rav. 105

Rashi

in

of t h e sting of a wasp, one grinds up some f l i e s and puts t h e m as o i n t m e n t on t h e sting. He explains t h e s a m e f o r

Babli

Sabbat

77b

explains that as antidote for t h e poison

t h e use of semamit

f o r the sting of a

scorpion, but t h e Babli (loc. cit.) notes

634

CHAPTER NINE

that the scorpion is a f r a i d of the semamit.

Hence, it seems more likely

"spider" is a l s o g i v e n

by

Rashi

Caraignée) in Babli Sabbat, the second

that flies carry diseases into wasp's

lucertola

nests and therefore curb their numbers,

particular the gecko, Arabic ΪΊ3Κ dxo ,

and semamiot eat scorpions.

which is known to eat scorpions.

106

Arabic tokd "poisonous animal", but cf.

The last two must certainly be

"lizard" is more probable, in

explained as medical uses.

Accadic summatu

107

"poisoning".

Arukh

gives two Italian expla-

"pidgeon",

simmatu

nations of this word, the first ragnatello

. o v - t m nnN oya i n w o n on

.ova

3 w v η>η Ν 3 ί η Ό)?)

α τ o w 3 ί ο ψ τ >311 Dí

ϊ ι π ν o y ? I»! ,Ν-τη ·)»

>3ΤΤ r p > » n

n>n ON baíf

ΓΙΠΝ Ì73

:p3>?

ο^ΡΊ^γι ϊ χ

*

,ηηΝ"; γ ι π ν

ϊ χ m.nrp

o v n - ^ ? ο ψ ι by inwna

.ΠΠΝ Ν ^ Ν

OW3 ΝΡ3Γ) >1")·) ΝΠΝ >3") Ί Ο Ν ΗΏΗ

^

.D^SÌ 0 ^ 3 Ì7D ty :|Ίΰ>? N3V"j

ON , θ ί » 3 Τ1ΠΝ OÜ9 V I V*!"pV>3 ON >OÌ> >3*1 •JinN-j

"On lightning."

Rebbi Jeremiah, Rebbi Zeïra in the name of Rav

Hasdai 108 : It is enough once a day. Rebbi Yose 1 0 9 said, what are we talking about?

If it is permanent 1 1 0 , once a day is enough.

If it is

intermittent, one recites the benediction for each occurrence. The force of Rebbi Yose from the following 111 : If he was sitting in the perfumer's store all day long, he would recite the benediction only once. But if he enters and leaves, enters and leaves, he recites a benediction every time. It came 112 , it was said by Rebbi Aha (and) 113 Rebbi Hanina in the name of Rebbi Yose 1 1 4 :

If it is permanent, once a day is enough.

If it is

intermittent, one recites the benediction for each occurrence. 108

He is Rav Hisda.

that this is Rebbi Yose II, colleague of

109

From the following, it is clear

R. Jonah.

635

HALAKHAH 3 110

From B i b l i c a l

nio

η1?! "un-

113

ceasing downpour". 111

settled in earlier generations.

Tosephta Berakhot

5:32, Babli

This is a scribal error; R. Aha

cannot be concurrent with his teacher's father.

53a. 112

Somebody came with a c o l -

lection of

older

formulations

and

114

He is either the Amora R. Yasa

(Assi) or the Tanna R. Yose.

showed that the discussion was already

>13

ï t y DN Nnj?>ap n u ? w

=ir»o o m y i n > 3 ^ i n a i w v r v n in^n? i w v

n>n

ηη?"!?

κύρη n n ? ayv

ns>

n>n

i í O o n ) ns>

. i n ? ' ! li^ci 1 ? >on ì w n ì Ν ^ ί η

in? w ?

n\yj/»\í>

i w i ó n > s ì > ) w i ^ n i n ? i!? η ψ ^ ψ i n n o n j j If o n e was sitting in the b a t h r o o m o r the r o o m o f f i l t h 1 1 5 , if he can e x i t and recite the benediction in t i m e f o r o n e s e n t e n c e 1 1 6 , he should e x i t , but if not, he should not e x i t 1 1 7 .

R e b b i J e r e m i a h asked:

If he w a s s i t t i n g

naked in his house, should he m a k e the house a g a r m e n t 1 1 8 , lean his head out of the w i n d o w and recite the benediction?

If he was sitting naked in a

" t o w e r " 1 1 9 , should he m a k e it a g a r m e n t , lean his head out o f t h e w i n d o w and recite the benediction?

115

And he sees lightning

while

there.

"Peace on you, my teacher." 117

This i m p l i e s that the

bene-

It seems that the second word is

diction over lightning must be recited

simply a Latinate form of the first, the

within this time span alter the light-

bathroom or it may mean "garbage

ning was observed.

room". In the Rome manuscript and the

118

text of R. S. Cirillo, the reading is

Divine Name with one's genitals un-

K'nVp'BD, with change of liquids r - I.

covered.

The Latin would be faecaria,

119

"dregs,

Since one may not mention the

The "tower" is no tower, but one

filthy matter"; Kohut compares Greek

kind of sedan chair.

σφέκλη "dregs".

Talmudim always speak of three kinds

116

of sedan chairs. V u o i na'n πτβγ, the

Defined earlier as time to say:

Mishnah and

636

CHAPTER NINE

exact definitions of these are unknown.

Sukkah 10b for somebody lying naked

But in a n y c a s e , t h e " t o w e r " is a

in bed and covered by a mosquito net;

wooden chest-like implement. The new

the answer is that it is possible only if

question implies that the first question

the bed assembly does not qualify as a

was a n s w e r e d in the n e g a t i v e (it is

"tent."

noted so in Babli Sukkah

10b), that a

unanswered because, characteristic for

house, or any "tent", can never be a

R. Jeremiah, it is asked in a t o t a l l y

The question

here

goes

garment. The substitute question now

unrealistic form.

is whether a wooden m o v a b l e cover

Babli, the Yerushalmi never r e q u i r e s

can t a k e the place of a textile cover.

that h e a r t and g e n i t a l s s h o u l d

A similar question is asked in Babli

covered by separate garments.]

.«1ÜO?

n3?^»

ìròy

[In c o n t r a s t to t h e

be

.*v?ìn n î d ç n i m n n

.n>wNH3 rityüw n n a "iniN rirog o>hqw "On winds what does he say? Praise to Him, W h o s e power and might fill the world." The Mishnah if they come destructively. But if they c o m e quietly, one says: Praise to the Maker of Creation.

K i n : j m vn*Ti?n D y v n n Λ τ ή η α p n r i Ηϊφ i ^ j p n a "I&N ninw?

ΝΪΦ η η η ψ n ^ a

n>?30

n&N

rjnyi iti -tow·) J i i y : m i ^ v p p i o n n a i n ^ ^ p nio?

.n>>

on

τήαψ3ί ΝΠΝ >3*I ο ν ή NJIH >3*1 .njs!?

Rebbi Joshua ben Hananiah said: When the wind goes out into the world, the Holy One, praise to Him, breaks it on mountains, lets it stumble on hills, and tells it: Be careful not to hurt my creatures.

What is the

reason? (Is. 57:16) "The wind becomes faint before Me."

He m a k e s it

tired, as one says ( J o n a h 2:8): "When I am fainting." All that why? Rebbi Huna in the name of Rebbi Aha (Is. 57:16): "And I made souls;" because of the souls that I made.

637

HALAKHAH 3

ni* a n n n ! ? wp>ai

nmn

>p>a

>»>a j i n N i

ai>N >p>a n n N i

ninipp n ^ y n

. n j v >n>a π η κ

.Ί3"|0Π

r w a η^νηι n n

V P * >3"! i p N

. o n n p i s p p m - ) n!?i*T? n w ) n a i v * nan·)

ν?* ·Γΐ>η ΙΠΝ"!

ttnya

rov ϊψί

i ] ? "ΙΠΝΙ

í o t i >a-i d o n

n a n ) i i > N >»>a

.Γόντ? n n

ì ^ ì d o!?iyn t»v>n i n » > N >o>3

.rvri iî?>3v;3 3i>N ìy) ì j i ì n

."»DI - > a i y * r u n · )

-13

, ή ρ ' ρ ρ ί ρ τ ν η ψ ΙΠ»>Ν ï y

hììì

.*> υπ* ν> ύη ύχ-γη Rebbi H u n a said, in t h r e e places did t h e wind c o m e o u t w i t h o u t m e a s u r e and desired t o destroy t h e entire w o r l d ; o n c e in t h e t i m e of Jonah, once in the time of Elijah, and once in the time of Job. In the t i m e of Jonah

(Jonah

1:4): "The Eternal sent a strong wind." In the t i m e of J o b

(Job 1:19): "A great wind came across the desert." In the t i m e of Elijah, f r o m where? (IK. 19: 19:11) "Lo, the Eternal passes, and a great, s t r o n g wind, shattering mountains." Rebbi Yudan ben S h a l o m 1 2 0 said, let us say that the o n e of Job was for him only 1 2 1 , that of Jonah was f o r him only. You h a v e only that of Elijah which was w o r l d w i d e 1 2 2 "Lo, t h e Eternal passes, etc. A f t e r that an e a r t h q u a k e 1 2 3 and after the e a r t h q u a k e fire , but the Eternal was not in the fire." 120

A late Galilean Amora, also

121

It took p l a c e just around the

called Rebbi Yehudah H a l e v i , i n f r e -

house it destroyed.

q u e n t l y a p p e a r i n g in h a l a k h i c d i s -

122

Greek κοσμικόν.

eussions; he is a major s o u r c e of the

123

The earthquake by its nature is

early

Tanhuma Midrash.

felt at great distances.

i m a n D»n TIN n y j w * i m -»OÌN I m a n o » n m liypw

,oi>

"ΤΠΝ ρ * } ? m n

np?·)

r i v i r i -»OÌN m i n ? >3-»

.ο>ρ*}?> ìnNi-ι N i n y

nyv

p>>pi i p n N W I

"ΙΠΝ>

ΓΙ3ΠΝ >N DV D>V>^Y> ÏÏ^? ON

v^a

N 3 - α N»N >a*i> Ï N Y N N P N P "»ÇN

.yi"»p> η π Ν

IDO ο ν

638

CHAPTER NINE

"Rebbi Y e h u d a h says, h e w h o s e e s t h e o c e a n says: Praise t o H i m W h o m a d e the o c e a n , if h e s e e s it at intervals." W h a t is an i n t e r v a l ? thirty d a y s

124

.

S i m e o n the h a r d - w o r k i n g m a n

125

O n c e in

a s k e d R e b b i H i y y a bar

Abba: Since I a m a d o n k e y driver and g o up t o Jerusalem all t h e t i m e 1 2 6 , h o w d o I h a v e t o t e a r 1 2 7 ? H e said t o him: If it is within thirty d a y s , y o u d o not h a v e to tear, a f t e r thirty days y o u h a v e to tear.

124

In t h e Babli ( 5 9 b ) , t h i s is a

s t a t e m e n t of t h e P a l e s t i n i a n

Hebrew, not in Aramaic.

Rebbi

126

This is the reading of the Rome

Isaac; it s e e m s t h a t he b r o u g h t the

manuscript. The Venice print has Vsa

Galilean tradition to Babylonia.

njiff "every year", which does not fit the

125

context.

G r e e k κ α μ α τ η ρ ό ς "laborious,

hardworking" (E. G.). This person is

127

mentioned only h e r e and in t h e fol-

clothes upon hearing of the d e a t h of a

lowing Aggadah

(which appears here

close relative, so one has to tear one's

because it mentions Simeon Qamateria.)

clothes when s e e i n g J e r u s a l e m in a

As a learned man, he is addressed in

state of destruction.

15 O^hJ

Ί3 1>Νίθψ ,3*ì D^?

13?3ίΠ>·>

>oip iiya w n n r i •ρ ï y Ito I O N

.rrçop i ? W ? o n )

rnt

rm?n w s

niinito ' Ή w

Nt? n y p i v ) n > i riNìi n > n o i ;p»n n t o i o n

rù

.·)? nto i o n p n ? t a ν?? ^ì?

p n s iniN

, η ψ ο 13 r o t o n

.n>tojp ρ

n^óp

.toy n*n n i i a v a r n s ù>y

^ ^

π^ψ n

^ Ί ΐ ? ^

r t o > y i o κ n p n t o -»pi* n ì t t )

)?!

.toy n>t>»a

. J m i p ν i n n y n p Ni?) n a > \ ? p n ! ? n n i v i Ni?) n > ? i N

V P W ) Jtoitn 1V30

PVOV>"! ΙΟίΠ

,o>o> -p">Nni r r n r n t o i k ΓΡΓΙ i p t o i p n a n n ^ N i o y

.toy r r n r r m y a r n s nto i o n i

Just as one has to t e a r one's

TO to ^ » í o

Ν3ΝΪ

b n N n t o -»pN)

.*T>ai»3

n p t o D P t??N NITTj ' Ì P Ì p VpTINI P V 3

-Q i n νγιν N i n Njpn .ito t?>?N n?n nto t^V W

ri)? JìiN o t o ? n ^ y i p i > n

^

13 jin nto i o n .iN'iri-) rtoy -|>pn τ π i n y y pT>?

639

HALAKHAH 3

q p s v lia»? N a *

iva»?

1 5 rì>> -van

t ö n i ? *v?n tC? o i ^ ) o n n>>

. n i n a b ^ w r i !w·) îw - ) -Ç? r n t N>ny r r j i a j ^

τ π π ν ι τ Ψ i)>3 Ninn

.rnt r r m y

ïii»-po>ri

laiy

rrçtajfc li^P

o i n i p i i ' n y n n y y n ç p n n α η ί κ Γνπψ

i ç y - τ π η β ψ η ο γό ·ν?Νΐ Χ » Ν η tiííjj ο ν l y a>rip ΝΪΎΙ l o r o n a t w o y mnn

.liwíon

-rçn

ι>ρ>>ΐ7}υ «i>>rv| η i o b y

.Dir) n ì d y y p N .'"»") í w u n a ny>v i p t τηι^ι Rebbi Huna and Simeon Qamateria in the n a m e of Rebbi Samuel ben Nahman (Jud. 18:30): "Jonathan ben Gershom ben Manasseh," a hanging a128. If he merits it, ben Mosheh. If he does not merit it, ben Manasseh. The colleagues asked before Rebbi Samuel bar Nahman: He was a priest of idol worship and lived so l o n g 1 2 9 ?

H e said to t h e m , b e c a u s e he

[Jonathan] was grudging to his idol. How was he grudging to his idol? If a man came to sacrifice an ox, a sheep, or a goat to the idol and told him: Make it favorably inclined towards me, he would say: W h a t use does it have for you?

It neither sees, nor hears, nor eats, nor drinks, nor does

good or evil, and does not talk. He said to him, by your life, what should we do? He said to him, go, make, and bring me a wooden vessel 1 3 0 full of fine flour and put on it ten eggs, then / shall prepare it b e f o r e that one and it will eat f r o m all that comes and I shall m a k e it favorably inclined towards you! A f t e r he left, he would eat it. One day, a son of pashas came and he said that to him. He said to him, if it is of no use, what are you doing here? He said to him, because of my livelihood. W h e n David became king, he sent and brought him.

He said to him, you are the

grandson of that righteous man and you worship idols? He said to him: / have a tradition f r o m my g r a n d f a t h e r ' s house:

Sell yourself to idol

640

CHAPTER NINE

w o r s h i p 1 3 1 rather than n e e d o t h e r p e o p l e 1 3 2 .

H e said t o him:

Heaven

forbid! H e did n o t say so, but sell yourself to w o r k that is s t r a n g e t o y o u rather than t o need other people. W h e n David s a w that he l o v e d m o n e y , h e m a d e h i m c o u n t 1 3 3 of his treasuries. 26:24):

That is w h a t is w r i t t e n ( I C h r .

"Shabuel b e n G e r s h o m b e n M o s h e , o v e r s e e r of t h e treasuries."

"Shabuel" b e c a u s e h e returned to G o d with all his heart and all his m i g h t . "Overseer o f t h e treasuries," that h e m a d e h i m c o u n t of t h e treasuries. T h e y objected t o Rebbi Samuel bar Nahman: (Jud. the land w e n t i n t o exile."

H e said t o t h e m , w h e n D a v i d died, S h e l o m o

rose and e x c h a n g e d all his c o u n s e l o r s 1 3 4 . ways.

18:30): "Until t h e d a y

T h a t is w h a t is w r i t t e n :

(IK.

He r e t u r n e d t o his f o r m e r bad 1 3 : 1 1 ) "An o l d p r o p h e t 1 3 5

was

dwelling at Beth Ε1;" they say that this w a s he.

128

In Bible manuscripts and prints, 3

lonian tradition (Seder Olam C h a p t e r

the name is π© » μ o b h j μ ιη:ιπ\ to

24) takes it as the time of captivity of

hide the fact that a grandson of Moses

king Manasse in Babylon; most l a t e r

was priest of the idol at Dan.

Ma-

Medieval c o m m e n t a t o r s (Ibn E z r a ,

nasseh is the bad king of Judah, son of

Gersonides, R. Isaiah of Trani) t a k e it

king Hezekiah.

to r e f e r to the destruction of Shiloh

The parallels to this

paragraph a r e Yerushalmi

Sanhédrin

(since Jeroboam put up a new Golden

11:5, Babli Bava Batra 110a.

Calf at Dan, the original idol can no

129

The verse reads: "Jonathan ben

longer have survived.) However, as Y.

Gershom ben Mo(n)sheh, he and his

Yadin has pointed out, already in the

sons, were priests for the tribe of Dan,

Song of Deborah there is a reference to

until the day the land was exiled. They

the tribe of Dan who "went to dwell on

put up f o r t h e m s e l v e s t h e i d o l of

ships." Rashi's interpretation is that of

Micah, that the latter had made, all the

the Talmudim (the parallel in the Babli

days that t h e House of God was at

is Bava Bathra 110a), since both have

Shiloh."

Jonathan

There are several

inter-

(not

just

one

of

his

pretations of "the day the land was

descendants) alive and a c t i v e at the

exiled."

Rashi t a k e s it to mean t h e

time of David, about 300 years a f t e r

exile of Dan by the Assyrians, Baby-

the conquest of Laish by the tribe of

641

HALAKHAH 3

(βουλή) "summoned (council, senate)",

Dan.

also συγκλητικός "of senatorial rank",

130

Greek πίναξ, "wooden platter".

131

In Hebrew, "strange work".

with Aramaic plural ending.

132

To take money from charity.

Olam, quoted earlier, seems to assume

133

Latin comes, a high official in

that he stayed in Jerusalem after that.

Seder

post-Diocletian Rome. "Treasury" from

135

Greek θησαυρός.

perienced people, this one must have

134

Greek s i n g u l a r

Since prophets are usually ex-

been very old.

σύγκλητος

v i r p o a ü ' p ' i n JIN] r m a i p j p a r o a > n u n i r u n ^ p ^ a njann γιϊ* n ^ v i n Ο>ΡΨ3ΐΗ

JIIN>2

*IÇ>RN

N I D

. ' u t -IÌN iN"j

NAIN

>A*Ï

*V?N

Π Ψ Ί Ν

njjüi a>n;n Ninni

I N A

-IOÌN

π ψ ^ ψ ">Οί<> i a > a

He w h o sees the sun at its turning point 1 3 6 , the m o o n at its turning point, and the sky in its purity, says:

Praise to the Maker of Creation.

Rebbi Huna says, that means in the rainy season and only after three days. That is what is written ( J o b 37:21): "Now they do not see light, etc. 137 " 136

According to the Babli (59b),

Similarly, Rebbi Yehudah used to say,

this is the moment when the sun would

he who sees the ocean frequently has

stand at the point where it was created

to recite a benediction if it has

if the Julianic calendar could be

changed."

extrapolated backwards.

It is not

entire statement refers to weather-

Here it is clear that the

permissible to read the Yerushalmi by

related phenomena; the following

the i n t e r p r e t a t i o n s of the Babli.

statement of R. Huna therefore should

Usually, a "turning point" of the sun is

not be taken to refer to the clear sky

either a solstice or an equinox; it also

only (as it is taken in the Babli) but for

could just mean "the sun turning". The

all celestial phenomena when they are

latter meaning is implied by the

observed in an unpolluted sky.

Tosephta (6:6): "He who sees sun, moon,

coastline of the ocean may have

fixed stars, planets, says: Praise to the

changed during a storm; a f t e r the

Maker of Creation.

clearing of the sky R. Jehudah requires

Rebbi Yehudah

says, he who recites a benediction over

a new benediction.

the sun is on the way of heretics.

137

The

The end of the verse: "He is

642

CHAPTER NINE

lucent in the skies, a wind passed by

planets in their order, says: Praise to

and purified them," shows that the sky

the Maker of Creation.

is really radiant only if the sun comes

says, that means in the rainy season and

out after a long rain.

only a f t e r t h r e e days."

R e b b i Huna

Rabbenu

A parallel Yerushalmi source, Mid-

Hananel, in his c o m m e n t a r y to t h e

rash Wayiqra rabba 23(8) reads: "'Now

Babli, t a k e s sun, m o o n , s t a r s , a n d

they

p l a n e t s all t o g e t h e r and r e q u i r e s a

do not see l i g h t , '

we

have

formulated: He who sees the sun at its

b e n e d i c t i o n if any of them has not

turning point, the moon in its spherical

been seen for a prolonged time.

s h a p e , t h e s t a r s in t h e i r p a t h s , t h e

3pi>? > 3 1 o w n N )τj :> n

Ι?'** τ ϋ

· · : Ν ΠτΝτ Ί ·Ί · . n oνo-n-

, ο ν yçy nyi-jN

, ο ' γ π η win)? ^ n a •

n r ç m > n 3 n n > n TIN n i s n n

- m oν jτ w ·· ν 7V O V >3-1 · · D v"á Ν ΠτΝτ

*τϋ ν ι ρ Ν i n t o p i i n i Ν^Ν

πΝ^ηηο oto?

, η π ο ^ ρ Ν > η τ ι π ψ *τν > ρ ν >3-» . π ί κ η η η >3*) >3 >ρί> >3η

" j n S OV

n m

_

n j / 3 - | N ! 7 3 N i l .DV t ^ V

H e w h o s e e s t h e m o o n in its renewal says: Praise t o H i m W h o r e n e w s months138.

Until w h e n ?

R e b b i J a c o b bar A h a in t h e n a m e o f

Rebbi

Y o s e 1 3 9 : Until it is s e e n like half a stick. Rebbi A h a and Rebbi H i n e n a in the n a m e of R e b b i Y o s e :

U n t i l its m i s s i n g part is filled.

Caesarea say, until the f o u r t e e n t h day.

T h e rabbis o f

Rebbi Y o s e bar A b u n said, that is

correct; t h e missing part is n e v e r filled b e f o r e the f o u r t e e n t h day.

Hence,

all f o u r t e e n days o n e n e e d s to recite the benediction. 138

The Babli (Sanhédrin 42a) notes

Universe, Who renews months" only as

t h a t in G a l i l e e one r e c i t e s s i m p l y :

conclusion of a longer prayer.

"Praised a r e You, E t e r n a l , our God,

139

King of t h e U n i v e r s e , W h o r e n e w s

(loc. cit.) he is reported to have said in

months," and that this is the f o r m u l a

t h e n a m e of R. Y o h a n a n t h a t

used by women in Babylonia, but men

recites the benediction "until its (the

in Babylonia use the formula "Praised

moon's) missing p a r t is f i l l e d " a n d

are You, Eternal, our God, King of the

Rebbi Jacob bar Idi interprets this to

He is Rebbi Assi, in t h e Babli

one

643

HALAKHAH 3 mean that the appearance of the moon

of Nehardea say, until a f t e r the 15th of

is no l o n g e r c o n c a v e , i. e. t h a t its

the month, an interpretation which is

visible c i r c u m f e r e n c e l o o k s l i k e a

more

semicircle with its d i a m e t e r (ascribed

expressed here.

lenient

than

any

opinion

here to R. Jacob bar Aha). The people

N τ» n

.D>V n n W7DÖ Ì7IOW' V n.·pιO I O -N τ N ' Iτ V~ O - Q ~ >OV >21*i »1^3113 · τ τ: ·· » : ··•:· - · •

içi^

r y n s ->ον

ο ^ Ι Ο

j i ì j i ì n > ί>ηι Ν>νψίη

>?ri

'V^ll n a " v p t n ! ? r j n s -IÇN : n

.υκ'Ψο"!

In p r a y e r 1 4 0 , R e b b i Y o s e bar N a h o r a i said: "He W h o s a n c t i f i e s Israel, r e n e w s months." R a v H i y y a bar Ashi said: "He W h o s a n c t i f i e s Israel and the N e w M o o n . 1 4 1 "

S a m u e l said, o n e m u s t say " b e s t o w o n us 1 4 2 ."

said, o n e m u s t m e n t i o n "time. 1 4 3 "

R e b b i H o s h a y a stated:

' T h e y s h o u l d be f o r signs and appointed times, days and y e a r s . 140

The Musaph

prayer of the day

Musaph

Rav

( G e n . 1:14) 144

"

A m i d a h of t h e days of t h e

of the New Moon.

New Moon following the text of t h e

141

holiday Amidah.]

This is the Babylonian version,

given by a Babylonian.

143

142

the benediction:

The formula used on holidays to

Recite on the day of New Moon " P r a i s e to You,

introduce the final p a r a g r a p h of t h e

Eternal, our God, King o( the Universe,

m i d d l e b e n e d i c t i o n of t h e

Who made us live, sustained us, and let

Amidah:

"Bestow on us, o Eternal, our God, the

us reach this time."

blessing of Your holiday." There is no

144

mention of this and t h e f o l l o w i n g

Bereshit rabba 6(3): "They shall be for

statement of Rav in any Babylonian

signs", t h e s e a r e t h e Sabbaths, "and

source.

Even though

this

The explanation

is g i v e n in

might

appointed times," these are the holidays

indicate concurrence of the Babli, the

of pilgrimage, "days," t h e s e a r e t h e

requirements of Samuel and Rav a r e

days of the New Moon, "and years,"

not followed. [The Yerushalmi prayer

that is the sanctification of years. [The

texts from the Cairo Genizah show the

Sabbath is called a sign in Ex. 31:13,17.

644

CHAPTER NINE

The sanctification of years is the

the days of the New Moon are on the

solemn declaration of a Jubilee year by

same level as holidays.

the SynhedrionJ In this interpretation,

o\t>5 N>>n >3·) . o > r i o n n>n)? * n j w - j m - i ü í n i n n n i i i p n i>3 V i v n iJni> >31 o v ñ N » n >31 * rmN r j n a

.o>nön rpnpì i n a i a

. D ? ^ ^ ϊ χ η - i s y r i ΓΙΝ

i s 1 ? ? ) 1>13 y-ινπ

ΝΊΠ CDJW - n i y > N i n o ? - ) 3 o n

>31 OW3 . V T 3 o ? j i v o n ! ? "T^VI

>ri£3 Ί 0 Ν 7 Ninn

>3"!

·0>310ΓΙ n»0>?

· Ή 3 ο ? 3 ? 1 * P>>P"! - Ή ? o^riîs

:D>3ion n>n>? n m

O?jp*f£I> r n ? N ÏN>?

líni> >31

.DD>?>vo

rrçha -WOÍN CFCIYN J I Î Ô Î N >ΓΙ)?3 B I N

W h a t says he who passes between graves 1 4 5 ? Praised are You, Eternal, W h o makes the dead live. Rebbi H i y y a 1 4 6 in the name of Rebbi Yohanan: W h o is true to His word and makes the dead live.

Rebbi Hiyya in the

name of Rebbi Yohanan: He W h o knows your number will w a k e you up and remove the dust from upon your eyes. Praised are You, Hternal, W h o makes the dead live. Rebbi Eleazar in the name of R e b b i Hanina:

Who

created Y o u by judgment, fed you by judgment, and r e m o v e d y o u by judgment, H e will in the future m a k e you live by judgment.

He W h o

knows your number will remove the dust f r o m upon your eyes. be He W h o makes the dead live.

That is, for Jewish dead.

Praised

But f o r the

dead of the Gentiles, he says ( J e r . 50:12): Your mother is very shameful, the one who bore you is ashamed 1 4 7 . . . . 145

The parallel in the Babli (58a)

quotes a baraita

that parallels the

statement of R. Hanina here.

An

Who makes the dead live."

In the

Tosephta (6:6), the text is that of R. Yohanan with the longer conclusion of

addition in the name of Rav Nahman

R. Yohanan.

gives the second text of R. Yohanan

these texts differ widely, cf.

Diqduqe

here.

Soferim

p. 330,

Tosefta

The conclusion is simply "He

The medieval quotes of

Berakhot

645

HALAKHAH 3 kifshutah

Berakhot

p. 109.

It seems

that the original benediction

always R. Hiyya bar Abba.

was

147

simply: Praised are You, Eternal, Who

The end of the verse is: "Lo, the

f u t u r e of t h e G e n t i l e s

is

desert,

makes the dead live. The longer texts

wilderness and steppe," not the blissful

a r e additions of Tannaïm of the last

a f t e r l i f e . T h e Babli quotes the same

and Amorai'm of the first generations.

verse.

146

Here and in the following it is

> a i ο ν ή N » n '3-1

. J i n ? 0 " p i t >> n j w ^ m

ιηίκ iijn πψρη

.Jinsn -οίη

n#r>n

yçvy

linv

H e w h o s e e s the r a i n b o w in the clouds says: Praised a r e Y o u , Eternal, W h o remembers the Covenant. Yohanan:

Who

R e b b i H i y y a in t h e n a m e o f

is f a i t h f u l t o H i s C o v e n a n t

Rebbi

and r e m e m b e r s

the

Covenant148.

148

This is the formulation of t h e

The f o r m u l a is not o r i g i n a l with R.

Tosephta (6:5); the Babli (59a) has a

Yohanan; he simply chose one among

d i f f e r e n t formulation f r o m a

several that were current.

i w p n nriN-iJ n > >nV

baratta.

vvpw >3*1

v o O d n>p-p >3-1 ογή n»p^n >3i

nyps i p i N >ni> 13 ρνρψ »st rnn •)? π>>?-)> >3*ì ow? n»pm >3*1 1? n>)?*)> >3-) ow? n»p\n >3·» ,ηκ^οηη rm>m 3n$ n . i n 'Nlpn^n nyp? VN

OD ο ι ν ι κ ή N 3 r i o ^ i y n

η»ρ\η >3*) o w n

>?Ν i n i N > η ν Ì ? "pvpvy >3-> η ι π

Ν3Ν p3>N ν*}.?» VN "ρη^η

non v ^ n njî?^

ΐϋ"! n>3j in ornnN 3-1.p1 -\»ìn >ni> 15 vvpw >3-1 τηο id n>r?n? >3-» dw? >?i!?>wn Π»ΠΝ «ρ*»

vn]

Ρ 31Î?'» NÌNI .»33 .NÔÛ-Î73 Ι Ί ρ ρ N W 1 >ÖV

Rebbi Hizqiah in the n a m e of Rebbi Jeremiah: N o rainbow w a s s e e n all the d a y s of Rebbi S i m e o n ben Y o h a i 1 4 9 .

R e b b i H i z q i a h in t h e n a m e of

Rebbi Jeremiah: Rebbi S i m e o n bar Yohai used t o say, "Valley, v a l l e y , g e t

646

CHAPTER NINE

filled with gold denars," and it got filled 150 . Rebbi Hizqiah in the name of Rebbi Jeremiah: Rebbi Simeon bar Yohai used to say, I saw the people of the Future World and they are few 1 5 1 . If they are three, I and my son are of them. If they are two, they are me and my son. Rebbi Hizqiah in the name of Rebbi Jeremiah: Rebbi Simeon bar Yohai used to say, Abraham should bring near from his back to my back 1 5 2 ; I shall bring near from my back t o the end of all generations.

Otherwise, Ahiya f r o m S h i l o h 1 5 3

should join me and I shall bring everybody near. 149

Since the rainbow is a sign that

or contributions if one can avoid it at

God will not bring a deluge over

all, it is clear that he must have lived

humankind even though their misdeeds

off his own money; otherwise he could

would justify it; one single perfectly

not have been a just person.

just person does by his existence

151

exclude the possibility of a deluge and,

hédrin 97b) explains that this refers

therefore, the rainbow does not have to

only to the highest state attainable in

appear in his lifetime. It follows that a

the Future World. This is also implied

person in whose lifetime (probably

by the rest of the paragraph where R.

meaning, from age 20 and onward) a

Simeon declares that he can bring

rainbow is sighted cannot be perfect.

practically everybody to the Future

This paragraph is inserted as addition

World.

to the topic of the rainbow.

places in the Babli, one has to read

150

Rebbi Simeon is the only Tanna

"Rebbi Hizqiah" instead of "Hizqiah" (in

(except Simeon ben Azai who died

the current text), who would be the son

very young) about whom it is reported

of Rebbi Hiyya, preceding R. Jeremiah

positively that he spent all his time in

by two generations.]

the study of Torah and did not earn

152

money. Since it has been shown in the

punishment and bring him to the Future

story of Jonathan ben Gershom that

world.

one may not take money from charity

153

The Babli (Sukkah 45b,

San-

[It is obvious that in both

Rescue

everybody

from

Cf. Seder Olam, Chapter 1, end.

647

HALAKHAH 3 DW ï y >ì>

o w 3 π > ? - α >3-)

ni3iv> n ì - i w ? rpnp!? ì ì o n o >?ι

.pn-i)? χ ) Η η π η ί ο nyinv> nû>v

ϊχ

οηρ

W h a t reason did they have to t a k e t o g e t h e r 1 5 4 good news and rains? Rebbi Berekhiah in the n a m e of Rebbi Lewi: Because of (Pr. 2 5 : 2 5 ) "cold water on a weary person and good news f r o m a distant land." 154

In the Mishnah, having the same formula of thanks for good news and winter

rain.

η ^ η η ι ·)3ηί>

d W ? κ>>η >3-» . - p i > - p - u d i n Ν η η π ί >

>3*1 OW3 bNyÇV'? Ί 3 >NÍ> >3"! ,n>33 nai»p

.Π3ί»3Γΐ Γ η ψ η γ ; n ?

ηίτ?3ί

H ? φ©31

rua?"! ny>3-> >7?

.nj/UT H D n £ > n n 3

·)?

>3"»·! r m n > 3 1 o y ) } > p v >3-> . n m y hon i ^ n ? nriiN V N i i t ö n 1Î7>3N i i 0 3 ì r v p t n >3->

. ^ > 3 1 (foi. i4a) > i ? π ^ > η η 3

o w ? r m n > 3 Ί · ) roi>

rrypy:? TI>3VÌ> P ' P P O ! ? N y y ^ >3"! ov>3

Ί 3 N7N 3 l -i ?: ΟίΓΟτ > 3 Ί Ι Ο- Ν τ * τ ÏON .VN ΓΡ> I Ç N >3")t> N 3τ τ0 >31 -»ON - τ

.nny)}

>3-»

.Niny-^3

."|>3Π> ΊΠΠ >0>3N Ί 3~ Η Ίτ Η 3 1-1; D i r oτ >3">ì · * : » • » · · -s τ

-VN .m T >?K?

. r r y a y y r D * u > N i d r i o » Ï O >»>3N Ρ ' Ρ Ρ π ! ? Ν Ί ^ γ ι ο ο Ni? >»>3N *i3 N-TN

.>3*1 ΓΙϋ>Υ>3 n>i> *tttN · : - τ

η υ ν >3")

.V3D VD rl>Ì7 TON D öτ^τ rl>Ì7 I · τ " · ·· τ : IT

n > î?

- n > 3 " ï >?» η»ρ^η

. r n p ç o γ ρ ^ γ ι ρ > ρ ο η > ï o > y t >3"! H o w 1 5 5 m u c h rain should fall that a m a n is r e q u i r e d t o r e c i t e a benediction? Rebbi Hiyya in the name of Rebbi Yohanan:

At the start 1 5 6 ,

that it should f e r t i l i z e 1 5 7 , at the end that the s u r f a c e should be w e t 1 5 8 . Rebbi Yannai ben Ismael in the n a m e of R e b b i S i m e o n ben Laqish:

At

the start, that it should fertilize, at the end that the seal of the a m p h o r a should be s o a k e d 1 5 9 . soaked.

Is the seal e v e r s o a k e d ?

But it is as if it w e r e

R e b b i Y o s e in the n a m e of R a v Y e h u d a h , R e b b i J o n a h , R a v

Yehudah in the name of Samuel:

At the start, that it should fertilize, at

648

CHAPTER NINE

the end e v e n a m i n i m a l a m o u n t . Rebbi Y o s e in the n a m e o f R e b b i Zeïra: It w a s said f o r fast d a y s 1 6 0 .

R e b b i H i z q i a h , R e b b i N a h u m , and R a v A d a

bar A b i m i 1 6 1 w e r e sitting. Rebbi N a h u m said t o R a v A d a bar A b i m i : Is it not reasonable that this w a s said f o r t h e b e n e d i c t i o n ; h e a n s w e r e d : Yes. Rebbi Hizqiah said t o R a v A d a bar A b i m i :

Is it n o t r e a s o n a b l e that this

w a s said f o r fast days; he answered: Yes. H e said t o him, w h y did y o u s a y "yes" here? H e said to him, it is the a r g u m e n t a t i o n of m y t e a c h e r . M a n a a s k e d R e b b i H i z q i a h , w h o is his t e a c h e r ?

Rebbi

H e said t o h i m , R e b b i

Zeïra. H e said t o him, but w e say: Rebbi Y o s e in the n a m e of Rebbi Zeïra: It w a s said f o r fast d a y s 1 6 2 .

155

The almost exact parallel is in

the clay should become wet inside.

Taàniot 1:3, Bereshit rabba 13(16). The

160

text h e r e f o l l o w s t h e one in T a ä n i t

f a s t - d a y was d e c r e e d , w h e n it h a s

w h e r e it is s u p p o r t e d by t h e Rome

s t a r t e d to rain in t h e night b e f o r e

manuscript.

services begin in the synagogue, one

156

stops and eats if there was enough rain

A f t e r it was dry f o r at least

If t h e r e was a d r a u g h t and a

thirty days (in the Middle East, usually

to fertilize the earth.

for six months.)

started to recite the l i t u r g y f o r f a s t

157

days during daytime, t h e n one stops

The d e f i n i t i o n is discussed in

If they already

the second paragraph after this one.

according to one of t h e r u l e s given

158

above. [The Babli, Taänit 25b, knows

In Taänit

and Bereshit

rabba,

"that a brick should be wet."

only of the rule of fertilizing.]

159

Wine and oil were kept in clay

161

He is mentioned only here.

amphoras (man) that were closed with

162

The rules have been formulated

clumps of clay.

for fast days only.

T h e measure is that

w i p j i n ÏHJJI?

np*i>

i n i » Ì*TV > 3 1 i m -Q >σν

ty

IÇN

Î1NV» Π3>0·! Π3>\?"!73

"Ï? ΓΠΊΓΡ a n O&VUW

.qs-iyjp ν ΐ ΐ η i o n ΓΙΝΙ? ,α>η >£>\?3 V I P . r r p n a γ?>Γΐ o > m i d n ì w

.rrnp? τ τ η ί η Nìny

ÌH^JW

. i t o i t iy>?>?)0 "tiy

649

HALAKHAH 3

n>>(3 v o v ì NA^P'TO ΪΧ

lori π)Γ)ΐ l y ,N>yn>? yp> ran N*I¡?5>? p ^ p apv? I R N I N ! ? ·)>Α>>Π L M N

N3»p Ν"|Γ)

Γ φ ο boia

VÖ^N

-ION

υ!? - τ η ί η ι^κψ η$>ρ·)

j n n > ϊχ ι - ι η ρ ιίη>ρ >:η τηη ν ? π Rav Yehudah bar Ezechiel 163 said, my father used to recite for rainfall: May Your Name be magnified, sanctified, praised, and elevated, our King, for every drop that You bring down to us, and you make them refrain one from the other. (Job. 36:27) "For He reduces water drippings;" as one says (Lev. 27:18): "Your value will be reduced." Rebbi Yudan said, not only that, but He brings them down in measure, as it is said (Job 28:25): "Water He determined by measure." Rebbi Yose bar Jacob 1 6 4 went to visit Rebbi Yudan from Migdal 165 . While he was there, rain started to come down and he heard his (R. Yudan's) voice saying: Thousands of thousands and myriads of myriads we are obliged to thank Your Name, our King, for every drop that You bring down to us, for You do good things for the guilty ones. He said to him: From where do you have this? He said to him: This is the benediction that Rebbi Simon recited for rainfall. 163

He is Rav Y e h u d a h w h o is f r e -

quently quoted in both Talmudim.

The

t h e r e in t h e n a m e of R. Y o h a n a n . seems that long texts w e r e

It

never

texts given a r e only an i n t r o d u c t i o n to

accepted in Galilee.

the doxology required by t h e Mishnah,

164

"He W h o is good and d o e s good."

In

with R. Yudan of Migdal; h e might be

t h e Babli ( T a ä n i t 6b), Rav Y e h u d a h

R. Yose bar Jacob bar Idi mentioned in

quotes a s h o r t e r text in t h e n a m e of

Midrashim.

Rav.

A l o n g e r text, p a t t e r n e d on t h e

165

He a l w a y s is q u o t e d

together

An A m o r a of the f o u r t h gene-

b e n e d i c t i o n a f t e r t h e r e c i t a t i o n of

ration, living in Migdal Nunia N o r t h of

Psalms on Sabbath and holidays with a

Tiberias.

d i f f e r e n t f i n a l d o x o l o g y , is r e p o r t e d

650

CHAPTER NINE

n a l o»na\? ηψ^ν) ρ η η ρ

N ^ D n y a - i ΗΞ> ^ m Ν η η v n > ο>ηψ3ΐ n n ? )

n o y ó 1 » n a p n ^ n r i a n n i N n i i n > >a->

o>na\? " n v na\?

v n "»oìn

l a "pypvy

b i p > l o i p D i n ^ i t?^ o i r i j p n o v o ' n o o > n a o

How166

.-pnjo »an

.o'nap vr?» n ^ j ? yiNn ρΝψ

m u c h rain should fall that it is considered fertilizing? If it fills

a vessel of three hand-breadths, the w o r d s of Rebbi Meïr. Rebbi Y e h u d a h says, the first rainfall o n e hand-breadth, the s e c o n d o n e t w o breadths, and t h e third o n e t h r e e h a n d - b r e a d t h s .

hand

It has b e e n s t a t e d :

Rebbi S i m e o n ben Eleazar says, t h e r e is n o h a n d - b r e a d t h that f a l l s f r o m a b o v e that t h e earth d o e s not raise t w o hand-breadths t o w a r d s it. W h a t is the reason? (Ps. 42:8) "The d e e p calls to the d e e p 1 6 7 b y the s o u n d of Y o u r w a t e r spouts."

166

There are two parallel

tra-

of the text in Babli/Midrash: Not that

ditions, both of Galilean origin.

The

R. Meïr r e q u i r e s a r a i n f a l l of t h r e e

text h e r e is a l m o s t i d e n t i c a l

with

h a n d - b r e a d t h s (10.8 i n c h e s ) in o n e

In t h e Babli

storm (or R. Yehudah rainfalls of 3.6,

(Taänit 25b) and the Yerushalmi source

7.2, 10.8 inches, respectively) but that

Bereshit

the moisture has to penetrate the earth

T o s e p h t a Taäniot

rabba

1:4.

13(13), Rebbi Meïr is

r e p o r t e d to r e q u i r e t h a t t h e

rains

to the depth indicated.

In that case,

penetrate the depth of the penetration

"dry earth" is simply the earth a f t e r the

of the plough-share (which is assumed

rainless summer months, a v e r a g e earth

to be three hand-breadths,) w h e r e a s R.

is t h e e a r t h a f t e r t h e f i r s t w i n t e r

Yehudah says that f o r dry earth, one

storms, and well worked ground is the

hand-breadth was enough, f o r average

earth a f t e r an u n i n t e r r u p t e d rain of

ground t w o h a n d - b r e a d t h s , and f o r

seven days (the first, second, and third

well

fertilizing periods in the language of

worked

hand-breadths.

ground,

three

If t h e s e a r e

two

Tosephta Taäniot

1:4). R. Simeon ben

equivalent formulations, then the text

Eleazar seems to object to both R. Meïr

here has to be interpreted in the light

and R. Yehudah because rain will make

651

HALAKHAH 3 the g r o u n d w a t e r l e v e l rise by t w i c e

measurements are those o f moist spots

the

in the earth and not o f r a i n f a l l in the

amount

of

rain

water;

hence,

moisture in the ground can c o m e f r o m

modern sense.

b e l o w as w e l l as f r o m above. O n e must

167

assume that in the Y e r u s h a l m i also the

that clouds also are c a l l e d "deep".

n r i ? n oy\? n o .ηη-η n n a

.Jiiipi o ^ i n n r i n )

«

n>31N1 T 3 *JD>

Rashi e x p l a i n s in Babli

na?") VJVO?

t O P ? no1?·)

."otn

*

>an

nnriia Ν>πψ n m n

>5N > 3

")ÌV)3VÌ

ο?»π

ΕΡΟψ*

O W ? F Ò >3ΓΙ Ν Π Ν >3") .·χ*ΐΝη η *

doni

nap?? Ο ^ Γ Ι

w

Taänit

O^ÌV

yw Dj^i»

ϊψ

riunii Ν>ηψ n j p r i

ηηψ

And Rebbi L e v i said: The upper waters are male and the lower ones female. What is the reason?

(Is. 45:8) 168 "The earth shall open," like a

female who opens before a male; "they should bear fruit of help," that is being fruitful and multiplying; "and justice shall sprout together," that is rainfall; "I, the Eternal, did create it," f o r that I created it, f o r the well-being of the world. Rebbi Aha stated it in the name of Rebbi Simeon ben Gamliel 169 : W h y is it called "fertilizing," because it impregnates the earth. 168

T h e v e r s e starts: " T h e h e a v e n s

"the

bridegroom

goes

towards

the

should pour d o w n f r o m high, and the

b r i d e , " m e a n i n g that d r o p s j u m p up

skies should f l o w w i t h justice," speak-

f r o m the earth towards the d e s c e n d i n g

ing

of

rain.

The

Babli

has

two

rain.

[ T h i s is t h e t r a d i t i o n a l

inter-

c o n t r a d i c t o r y sermons in this m a t t e r .

p r e t a t i o n , g i v e n by A s h k e n a z i c

Rav Y e h u d a h is r e p o r t e d in Taänit

benu Gershom and S e p h a r d i c Rabbenu

6b

Rab-

that rain is the earth's husband because

Hanan'el.

in Is. 55:10 it is said that rain m a k e s

contradiction,

the e a r t h

p r e t a t i o n , that on b o t h s i d e s o f

give

birth,

while

A b b a h u ( t h e r e and Berakhot

Rebbi

5 9 b ) says

that a b e n e d i c t i o n is r e c i t e d o n l y

if

Rashi, sensing the a p p a r e n t has a p r o s a i c

interthe

street the gutters w i l l spout w a t e r o n e towards the other.]

652

CHAPTER NINE

169

This is the end of Rebbi Simeon

ben Eleazar's text in Tosephta

Taäniot.

appears as a statement of the Amora Rebbi Abbahu.

In the Babli (Taänit 6b), this passage

.nçN

w p ì a

V N "IIOiN " I ^ N

1? ^ V P Ψ

no

m n

.oniN

η υ > η >vhì\w r m n > η

>ynivy

^

o w ? n j p ì - e N3»?r)

VVRÏ3

W

1? d n

n > i v Dir»? o v

Ο'?!

, n m o > n >a>

nniw

γ ι π ν ι ο υ ο >a*i MÜH . n î p ^ N D>VÎ1>

n i

·»>

.n»¡?\y Oy\? n ç i

Rebbi Hanina bar Y a q q a 1 7 0 in the n a m e of Rav Yehudah: T h e r o o t s o f w h e a t split the e a r t h t o a d e p t h o f t h r e e cubits.

The soft roots of a fig

It has b e e n stated: Rebbi Ismael b e n E l e a z a r 1 7 1 says, t h e

tree split rock.

earth drinks o n l y a c c o r d i n g t o its h a r d n e s s 1 7 2 . roots of the c a r o b do?

If this is so, w h a t d o t h e

W h a t d o the roots of the s y c a m o r e d o 1 7 3 ?

Rebbi

Hanina said, o n c e e v e r y thirty days the abyss wells up and d r e n c h e s t h e m . W h a t is t h e reason? (Is. 27:3) "I, the Eternal, w a t c h o v e r i t 1 7 4 and w a t e r it in moments."

170

A Galilean Amora of the third

well as here in the Rome ms., correctly

g e n e r a t i o n w h o s t u d i e d u n d e r Rav

R. Simeon ben Eleazar; in the printed

Yehudah in Babylonia and only reports

Midrash R. Eleazar ben R. Simeon, R.

sayings

Simeon ben Eleazar in manuscripts.

of

Rav

Yehudah.

The

p a r a g r a p h has t h r e e p a r a l l e l s , Yeru-

172

shalmi Taäniot

penetrated by moisture.

1:3, Avodah

M i d r a s h Bereshit Taäniot,

rabba

zarah

3:6,

13(19).

In

the name is R. H a n a n i a bar

Y a q q a , in Avodah

zarah

it is R.

173

The harder the soil, the less it is

These trees grow mainly wild,

mostly in p l a c e s unsuited f o r m o r e d e l i c a t e f r u i t t r e e s b e c a u s e of

the

Haninah bar Yasa, and in the Midrash

hardness of the soil. Their roots a r e

it is R. Hanina ben R. 'Izqa in the name

very deep.

of Rebbi (!) Yehudah.

174

171

In Taäniot and Avodah

zara, as

The desirable vineyard.

HALAKHAH 3 P > 9 0 ) 0 "»ΓΙ} O ^ i V ^ N } V 3 W )

652 Π Ν Ί ΙφΓΙ >3ΓΙ N V V T

"l&N

.a>pnni a w n rji-i} -iniN n i n ) ? > Rebbi Z e ï r a 1 7 5 said, it is s t a t e d t h e r e 1 7 6 :

If o n e n o t i c e s c h e a p n e s s 1 7 7

c o m i n g t o the world, plenty c o m i n g t o the world, o r a river s u p p l y i n g 1 7 8 a city, o n e recites: H e W h o is g o o d and does good. 175

Here starts the discussion of the

an arm of a river) changing its course

last part of the Mishnah, what to recite

and now s u p p l i y i n g

a town

with

for good news and what for bad news.

flowing water when before they had to

One has first to define good and bad

draw water from wells. In Israel, rivers

news.

are not fed by melting snow, so this

176

In Babylonia.

kind of spring flood does not happen

177

Falling prices for consumers,

there;

disinflation. 178

it

is

truly

a

Babylonian

formulation.

A river (or, in Babylonian terms,

l i o n "jma -iniN iwnin·) π η

. r i p a r i ·)>η ^ m a I O Ì N

. V I N π η i!?

m m

,η>ρηπ·) If h e w a s told that his f a t h e r had died, h e says: " P r a i s e t o t h e T r u e Judge."

H e died and m a d e him an heir, h e says: " P r a i s e t o H i m W h o is

g o o d and does g o o d 1 8 0 . " 179

T h e sentence is also quoted in

served us, and let us reach this time."

the Babli ( B e r a k h o t 5 9 b ) where it is

This distinction

noted that the b e n e d i c t i o n f o r t h e

Yerushalmi which requires the bene-

inheritance is only appropriate if there

diction "Who is good and does good"

are several heirs but that the sole heir

for all gifts, as explained in the next

recites "Who has made us live, pre-

Halakhah.

- m φ ο • τ »

tC? N aτ - a~ N τ» ·n

o y a η : « na apv? .n^n ip-te u y ' i n ) w)p»p·;

-to n - τ

."d ο ύ π π · τ - :

···

o ' V n n o n ι!?>ιο o>pny)

is a b s e n t

in

m τp' τi : w iτ nτ i v· an!w

the

mτaτ

o>«nn

i n a i o ì n n i p - i ç n n 3 n -ta Ν » η > a i

654

CHAPTER NINE

νπν

o w ? n N » Na

mat* N I r n

αίν>η i o í n to "|B>?

.n*n

. s p a r i i l i o n -iniN wjwrrç» Ι 1 " 1 ? " ^ Í N \y>3>n t y n a - i o í n o > - n a

"if one built a new house or bought new garments, etc. 1 8 0 "

Rebbi

Hiyya bar Abba said: Not only new ones, but even used ones if they are new for him 181 . Rebbi Jacob bar Zavdi said in the name of Rebbi Hiyya bar Abba: If he bought [a garment], he says: "Praise to Him Who made us live, preserved us, and let us reach this time." If it was given to him, he says: "Praise to Him Who is good and does good." Rebbi Abba, father of Rebbi Abba Mari, in the name of Rebbi Aha: If he bought, he says: "Praise to Him Who let us reach this time."

If it was given to him, he says:

"Praise to Him Who is good and does good." If he wears the garment, he says: "Praise to Him Who clothes the naked." 180

Here starts the discussion of the

the Babylonian opinion is that (for rich

last part (in the Mishnah collection,

Babylonians)

Mishnah 4).

benediction for genuinely new articles,

181

If he cannot afford to buy new

not for a new set of what he already

ones, second hand clothes have the

has, whereas the opinion of the less

same status for him as new ones for a

wealthy Galileans is that any new

richer person. [In the Babli, 59b-60a,

garment deserves a benediction.]

one

only

. r m o nivyy^ υ ι ^ ] ν π ^ η ? υ ψ ρ ρ ι ψ κ t j n a -ιηίκ υ ψ ρ ρ - t ^ N - ρ - α I O Ì N r n iyy>> t o ? ? i w í o n n i o o v >>>> υ ψ ρ ρ ->v>N * i m I O Í N njoiN

a^it» n v p y n

Νΐηψ? Ν ί η ψ n^W·)

He

:pi>? κ ί η ψ η

183

nsw 182

row

to

.row?

a

nyiyn ο η η ^

wv^

νπι^ρι

.rmyn l i y .i'jto ηίν>}£

ìIl^Pì

makes

-»mi

ν™*»? . i ^ t o TÛ>\?Î ϊ χ

who makes a sukkah for himself, says: "He Who sanctified us by

His commandments and commanded us to make a sukkah."

For others:

655

HALAKHAH 3 "to m a k e a sukkah

in that one's name 1 8 4 ." If he e n t e r s it, h e says: "Praise

to H i m W h o sanctified us by His c o m m a n d m e n t s and c o m m a n d e d us t o dwell in a sukkah"

A f t e r he recited t h e b e n e d i c t i o n in t h e first night of

the holiday h e d o e s not h a v e to recite it a g a i n 1 8 5 .

He who makes a

lulav

f o r h i m s e l f , says: "He W h o s a n c t i f i e d us b y H i s c o m m a n d m e n t s c o m m a n d e d us t o m a k e a lulav." one's name."

For others:

"to m a k e a lulav

and

in that

If h e uses it, he says: "Praise t o H i m W h o s a n c t i f i e d us b y

His c o m m a n d m e n t s and c o m m a n d e d us to t a k e a lulav," and "He W h o let us live." H e recites the benediction e v e r y t i m e that he takes it 1 8 6 .

182

This word is m i s s i n g in t h e

184

The usual interpretation is that

parallel Sukkah 1:2 and is superfluous.

one makes the benediction: "To make a

183

T h e r e is a similar statement in

sukkah" and that the person has in mind

Tosephta Berakhot 6:9 which is quoted

the name of the person for whom he is

in Babli Sukkah 46a; the note about the

doing it. It seems rather that one has to

benediction when making a sukkah

pronounce the recipient's name at the

or

lulav f o r somebody else is found only

place reserved for io®1!.

here. Hence, the source here is not the

185

Tosephta which also starts with a

opinion of the B a b y l o n i a n

g e n e r a l d e c l a r a t i o n that: "A person

s u p p o r t e d by t h e T o s e p h t a .

p e r f o r m i n g any mizwah

recites a

name of the Galilean R. Yohanan, it is

benediction over it." The practice of

r e p o r t e d that one has to r e c i t e t h e

the Babli does not follow the discussion

benediction every day.

in Sukkah

46a but a s t a t e m e n t

In the Babli (loc. cit.), this is the Samuel, In t h e

S i n c e R.

in

Yohanan is a h i g h e r a u t h o r i t y than

Menahot 42b that no benediction is due

Samuel, Babylonian practice followed

f o r a p r e p a r a t o r y a c t i o n , such as

what there is declared to be Galilean.

making the sukkah

186

or t h e lulav,

but

The difference between

sukkah

only for the required act itself such as

and lulav has been e x p l a i n e d in Ha-

living in the sukkah or taking the lulav.

lakhah 3:3.

,i»V>> n n t > ? n i w v ^ ">DN> . n p t ) ? n i ? » ì y i i f ^ i VTiwi

.nntp wwTi?

.to^i?

rrçnyn ιΟΓΝίρ

656

CHAPTER NINE

•V^ari niiio

wato Νΐηψ3

r j m l ö i N ιψνΡΟί o i i n n ηηη^ι

.'id ί π ν >

."ο

.'id

ηψίνη

.'ID ΊΠΝ> .'ID

Jvsn« η γ η ν η

ΙΠΝ!? . - » w y s ì n n n ^ i v y n ? n > l i v y j " P i r ó p } ΐ 3 ψ · ρ ρ ιψΝΐ

-lyN o'Pìvn n^P w ^ Ç f

>'> n r i N n m

-»gib r j n s υ η ί ν > π

,ο^τπ >it»D ϊ χ Ί η ί Ν ηρ?>ρπ . n o > n \ y n

,ίηψ>

« f i l i v j i ì ì « ? ? u ^ f i?

He who makes a mezuzah for himself, says "to make a mezuzah."

For

somebody else, "to make a mezuzah for his name." When he nails it to the doorpost, he recites: "Praise to Him W h o sanctified us by His commandments and commanded us to about mezuzah."

He who makes

tefillin for himself 187 , etc. For somebody else, etc. When he puts them on, he says "about the commandment of tefillin.1*·*" He who makes zizit for himself, etc. For somebody else etc. When he wraps himself in them, etc. 189 . He who separates terumah and tithes says: "Praise to Him Who sanctified us by His commandments and commanded us to separate terumah and tithes." For somebody else, "to separate terumah and tithes for his name." He who slaughters must say: "Praise to You, Eternal, our God, King of the Universe, Who sanctified us by His commandments and commanded us about sehitah190."

He who covers [the blood 1 9 1 ] says,

"about covering the blood." 187

"Praise to You, o Eternal, our

and one for the head.

Similarly, the

God, King of the Universe, Who has

discussion below on the timing of

sanctified us by His commandments and

benedictions is based on having only

commanded us to make

one benediction. The Tosephta (6:10),

tefillin"

The tannaïtic text of the Yeru-

representing the Babylonian text as

shalmi here clearly requires only one

always, does not have the notes on

188

are put

working for somebody else and re-

on, in contrast to the amorai'c text of

quires here the formula "to put on

Halakhah

two

tefillin," which is the main benediction

benedictions, one for tefillin on the arm

in the Babli (Menahot 42b), followed in

benediction when both tefillin

2:3, that

requires

HALAKHAH 3

M l

Sephardic practice.

chooses the wording "about",

189

He says, "Who sanctified us by

action must be done by the person who

His commandments and commanded us

pronounces the benediction, but "to", V,

about the commandment of zizit."

if the action is done in delegation.

The

Babylonian formula is "to wrap our-

191

selves in zizit"

animals, Lev. 17:13.

190

if the

Of slaughtered f o w l and wild

It seems that the Yerushalmi

13Π > I N

ìy

.WIN o r n i * ï y

Π1"1?

«V^PP ic>3?n>

m T i n > in>o>D?ri •)? n n j ^

s ] v n ^ o ? w ^ f ρ "»ψΝ i n a "iniN

i n o j D n w o w ? noi!? i o n s

οψ

onpiyn

o y V i N y á p i n ] 1 9 3 η *τ>*τ> ν π > ρ ι ψ Ν r j n a -»oil? τη* w n w

nain>i

>n !?n t i n * - ο ψ } ya ï y v q i p 1 1 η ? n i N ? o r í n V H m w . n n i n i n i s >'> π γ ι ν : j m

Jinw?

ηντη>

He 1 9 2 who circumcizes must say: "Praised Who sanctified us by His commandments and commanded us about circumcision."

The child's

father says: "Praised W h o sanctified us by His commandments and commanded us to induce him into the covenant of our f o r e f a t h e r Abraham." Those who are standing there must say: "Just as you made him enter the covenant, so m a k e him enter Torah and the m a r r i a g e canopy 193 ."

He who recites the benediction must say: "Praised W h o

sanctified the beloved 194 from the womb, Who put a statute in his flesh, and sealed his descendants with a holy sign of covenant; therefore, as a reward for this, o living God, our part, our rock, command to save the beloved of our flesh from destruction. Praised are You, o Eternal, Who seals the covenant." 192

A similar text is in Tosephta

6:12 and in Babli Sabbath

127b.

The

text of the Tosephta is closer to the

Babli than to the Yerushalmi. 193

Tosephta and Babli add: "and

good deeds." The Rome manuscript has

658

CHAPTER NINE

only "the marriage canopy."

Abraham, Isaac, or Jacob. The text of

194

the Babli is slightly longer than that of

The commentators of the Babli

have identified the "beloved" as either

Ί8Ν ioin 3 i

Yerushalmi and Tosephta.

- V v ^ i t e ">?ìv i o n i j n v > 3 1

o v ? 3 γ η > 3 1 >3 > p v > 3 i - I O N I vm

Î D ^ V ni.})?

Njìn a*n

n'W ì n ^ w v Jiyyá

. η ^ α ν ρ ί n j p p n n >pn i n ^ w v π ^ ψ ι r o n s r m i y v ? i m n n - ^ D ! ? Ν ΐ η ψ

"TV τ>

»nin

n>N r o v > 3 1 ">ÇN

. n i » Nin η 3 » ι ρ

r n » hï

.n!?>y33 ν ψ ν ρ ρ

.ΠΙ» κ ^ ψ

\¡¿N1

.>(ibn>

W h e n d o e s o n e recite the b e n e d i c t i o n f o r c o m m a n d m e n t s ? Yohanan said, just b e f o r e he starts d o i n g t h e m 1 9 5 .

onpiN Hty

Rebbi

R a v H u n a said, w h e n

he does it. Rav Huna agrees with Samuel, since Rebbi Y o s e bar A b u n said in the n a m e of Samuel: All c o m m a n d m e n t s need a b e n e d i c t i o n w h i l e o n e is d o i n g t h e m e x c e p t b l o w i n g 1 9 6 and i m m e r s i o n 1 9 7 , and, s o m e s a y , by sexual relations198.

qiddusin Tefillin puts

R e b b i J o n a h said, y o u h a v e o t h e r s :

o n the hand b e f o r e he takes t h e m o f f , and o n the head b e f o r e he

199

t h e m o n 2 0 0 . B e f o r e he puts t h e m on? W h e n he puts o n 2 0 1 , he puts

t h e m on!

195

The Babylonian tradition (Pesa-

recite the benediction at the same time.

him 7b) is: "Everybody agrees that one

197

In the miqweh,

w h e n one is

makes the benediction beforehand, as

naked and forbidden to recite a bene-

Rav Y e h u d a h said in t h e n a m e of

diction.

Samuel:

On all c o m m a n d m e n t s one

benediction b e f o r e immersion. In the

recites the benediction just b e f o r e he

Babli (Pesahim 7b), the statement about

starts doing them." This tradition must

blowing and immersion is an addition

be later when the a u t h o r i t y of R.

to the statement that all benedictions

Yohanan overrode earlier Babylonian

must precede the action. It is clear that

practices.

the mention of blowing in that context

The Yerushalmi r e q u i r e s a

Hashanah,

makes no sense; that statement is then

since obviously one cannot blow and

dropped and only immersion is left for

196

The shofar on Rosh

659

HALAKHAH 3 a b e n e d i c t i o n after

t h e act.

The

naked.

Yerushalmi shows that in the Babli we

199

The spelling na" is dialectal for

have a later confluence of older (Rav

nan', root yhb "to give."

Huna) Babylonian tradition with the

200

adoption of Galilean (R. Y o h a n a n )

sumes that only one benediction is

practice by the editors of the Talmud.

required for the two tefillin

198

explained e a r l i e r (2:3), in G a l i l e e a

Qiddusin

is the first stage of a

As noted before, the text pre-

and, as

marriage in which the bride becomes

benediction was recited when

bound to the husband, in preparation

were taken o f f .

tefillin

Since t h e T o r a h

for hup pah, which lets the couple live

mentions tota phot (tefillin) on the hand

together. Usually, qiddusin

is e f f e c t e d

always b e f o r e those on the head, one

by the groom giving a valuable g i f t

must put on first those for the arm and

(usually a gold ring) to the bride. But

take off first those for the head. Even

the Mishnah (Qiddusin 1:1) lists sexual

Rav Huna agrees that the benediction

relations (in front of two witnesses) as

for removal was recited before

a possible form of qiddusin.

tefillin

One may

were removed from the arm and the

assume that in Israel this option was

one for putting them on was recited

never used.

before those of the head were put on.

In Babylonia it seems to

have been used since the Babli (Qid-

201

dusin 12b) reports that Rav had people

the head are always mentioned to-

whipped (for indecent exposure) who

gether in one verse, the putting on (or

married by public sex act. In any case,

taking o f f ) of both is one act and the

the r e q u i r e d benediction cannot be

recitation of the benediction covers

pronounced while the parties

both tefillin.

1? ' p v

are

Since tefillin on the arm and on

,oin\|)> - a i y i ç î n -)3nv

ρί"Τ3»ψο n n y »

rpap w n

. n j i o ' n y !?33Tm Htpv

.rryvs»? n > y o o r i n a n Ì^OJT oiyo

n»^

.oiny»^» ipiN

>?ri . o > * w ? i n r i f i ^ i oWp

nptn

slaughtered.

Why?

wiiro .v?9>pn

>3-» . η ρ η Ν η ψ w w i m

When does one recite the benediction for sehitah202? says, if he prepares to slaughter.

ny>

Rebbi Yohanan

Yose ben N e h o r a i 2 0 3 says, after he

Maybe its slaughtering is producing a carcass 2 0 4 .

660

CHAPTER NINE

Now, should he not first check the signs 205 ? The hazaqah of intestines is that they are in order 2 0 6 .

It was stated: If it was slaughtered and the

wolves took its innards, it is in order 207 . they were pierced 2 0 8 ? there 209 : 202

Should one question whether

Rebbi Abba in the name of the rabbis f r o m

Intestines have hazaqah that they are in order 210 .

Since ritual slaughter is a com-

206

Since we do not have a Yeru-

m a n d m e n t , its e x e c u t i o n r e q u i r e s a

shalmi on t r a c t a t e Hulin,

benediction.

p r e t a t i o n h e r e by n e c e s s i t y h a s t o

203

follow the Babylonian tradition.

A Palestinian authority of t h e

t h e inter-

The

first generation of Amoraïm, one of the

position of t h e l a t t e r has b e e n f o r -

teachers of R. Johanan.

mulated by Rav Huna: A living animal

204

is in the continuing state (hazaqah) of

If during the act of s l a u g h t e r ,

one of the technical rules was violated

being f o r b i d d e n u n t i l it h a s

(for example, if pressure was exerted

ascertained

on t h e k n i f e ) , t h e a n i m a l w a s not

slaughtered; once it has been correctly

slaughtered but killed in a way that

slaughtered, it is in the continuing state

makes its meat unfit for consumption;

Chazaqah) of being permitted food until

then the benediction would have been

it has been ascertained w h e t h e r and

t h a t it w a s

in vain.

why it is terepha.

205

been

correctly

If the slaughter was

In the Babli, only esophagus and

ascertained to be c o r r e c t and inner

windpipe are called "signs"; the tiniest

parts w e r e then t a k e n by an a n i m a l

of holes in the e s o p h a g u s m a k e s an

b e f o r e they w e r e c h e c k e d , t h e meat

animal terepha,

remains permitted food.

"torn" and u n f i t f o r

consumption. The Yerushalmi seems to

207

As kosher food.

extend t h e meaning of "signs" to all

208

If the intestines w e r e later re-

internal organs, especially lungs and

trieved in a torn state, could it not be

the digestive system, holes of which

that the intestines of the living animal

render an animal unfit for consumption.

had a hole there where the wolves bit,

The question h e r e is:

and

why not wait

t h i s terepha

cannot

now

be

with the benediction until t h e e n t i r e

ascertained?

animal has been dissected and checked

209

for possible

that Rebbi Abba asked precisely this

terepha!

It is reported in Babli Hulin 9a

HALAKHAH 4

M I

question from Rav Huna.

assumed there and in the h a l a k h i c

210

l i t e r a t u r e that o n e f o l l o w s

The entire discussion seems to

Rebbi

suggest that the Yerushalmi f o l l o w s

Yohanan ( e x c e p t in the c a s e of an

Yose ben Nehorai.

emergency slaughter when the opinion

mentioned

The problem is not

in t h e B a b l i , but it is

i n y m rm>n i s » ? N 3 n>n

. n ^ n ^ a ^ n t n n ">3)w> p y n n - ) .1 m v a (foi i2d)

Νίψ n£>an ή n n

n ^ a n it n n

of Yose ben Nehorai is considered.)

>jwn

l i î n >n> i o n · ) j t i j ì v » ?

7 i n i n>n> Ν^ψ ·ρ>η >n> d o n *i>ya nni^i t n p •NÌV

Mishnah 4: But if one cries about the past, that is a vain prayer. How is that? If his wife was pregnant and he said: May it be (God's) pleasure that my wife would give birth to a male, that is a vain prayer. If he came from a trip, heard wailing in town, and said: May it be (God's) pleasure that this should not be in my house, that is a vain prayer. i? D7ip Nn np>y >ïo? N>n K i n bnn

."»ayjan ïy

n>:n

o w ? n a ì ? n i i n ? >37 . n a p ? n > w v 3 î>rn ιπνο

:t n a i n (foi. i4a)

. - i a i » n *t>? " » p i n ? n a n o w

-inNjp

,n>n

n?>7

n-m»y

,ηρ-τ n n y ) (foi. 14b) n i * N n p n ì n n n n > > -inN - )

>nj> >37 ΓΡ37 o w ? n a l i n i ì n > >37 - i ç n ) 15 » •·

ïy

* ηι ο·· ν a > n : n N ì n N iτn"! , > 3 ö o n>n> - τ τπ νν i i y m τ» : NI T ν : · w

. o ö ö n*n> ί π.. ν- l i y ΗΪΗ n - >τ t: tINT .... τ τ

.nap?

, n nτ >: nI T n i i W N - i· nΤ o n ·n·· N'·. o > 3· 3τ

, ί ··π -ν

Halakhah 4: In the house of Yannai they said, if she is sitting on the birthing stool. Hence, before that he should pray, because of {Jer. 18:6) "Lo, like clay in the potter's hand 2 1 2 . . ." Rebbi Yehudah ben Pazi 2 1 3 in the name of the house of Yannai: The main pregnancy of Dinah was as a

662 male.

CHAPTER NINE A f t e r the prayer of Rachel, she b e c a m e a female.

T h a t is

(Gen.

30:21): " A f t e r w a r d s , s h e g a v e birth t o a d a u g h t e r and c a l l e d h e r n a m e Dinah."

A f t e r t h e p r a y e r of R a c h e l , s h e b e c a m e a f e m a l e .

A n d Rebbi

Y e h u d a h ben Pazi in the n a m e of the h o u s e of Rebbi Yannai: Our m o t h e r Rachel w a s o f t h e e a r l y p r o p h e t e s s e s 2 1 4 . f r o m me.

S h e said, a n o t h e r o n e w i l l b e

That is what is written (Gen. 30:24): "May t h e E t e r n a l add m e

another son." She did n o t s a y other

sons,

but another

son will b e f r o m

me.

212

". . . Are you in My hand, House

script.

It is g i v e n in t h e

Rome

of Israel." This seems to imply, in the

manuscript and the p a r a l l e l

opinion of t h e Y e r u s h a l m i , t h a t f o r

rabba 72(6).

Gentiles the laws of nature will not be

Jehudah ben Pazi is in opposition to the

changed and t h e sex of t h e child is

house of Rebbi Yannai and says t h a t

d e t e r m i n e d at c o n c e p t i o n , or, in t h e

even if labor has started, as long as the

opinion of t h e Babli (60a), in e x t r a -

baby is not born one may pray because

ordinary cases at least during the first

of the verse from Jeremiah.

Bereshit

In the l a t t e r s o u r c e , R.

40 days of pregnancy when the fetus is

214

not yet a living being.

(Buber Wayeze 19, Standard Wayeze

The Babli

In both versions of the

Tanhuma 8),

declares that in all cases, the laws of

Leah was the p r o p h e t e s s w h o k n e w

nature prevail and that the sex change

that Jacob would have 12 sons and if

of Dinah is no proof since "one does

she had 7 sons then her sister would be

not bring a proof f r o m miracles."

It

left with only one son, less than any of

would be presumptuous for anybody to

the maids. She t h e r e f o r e prayed that

assume that he is on the level of t h e

her pregnancy should be that of a girl.

P a t r i a r c h s f o r w h o m G o d used

All M i d r a s h i m d e r i v e t h e n a m e of

to

perform wonders.

Dinah not f r o m

213

from ή "enough", meaning "we already

The name is missing h e r e in the

Venice p r i n t and t h e L e y d e n manu-

-iniN

iptn

ipna

ν^ψ

"law, lawsuit", but

have enough boys."

nioi i n w inn

rpin n i

n>n

. » α ν tCj n y j n j n o y p

663

HALAKHAH 5

If he returns from a trip, what does he say 215 : I am sure that these are not in my house. Hillel the elder said (Ps. 112:7): "He will not be afraid of bad news." 215

When he hears wailing in town and cannot pray that it should not be in his

house.

,iJ1N>5l>3 JinN - !

71ΠΝ Ο ' Γ ΐ ψ ^ Ù S y O -p T D> Ü j p í

:Î1 Í1JW» (fol. 12d)

D N I I N Ι Π Ί Η ,IRIN>S»A ο>ΠΨΙ INCAPA CPRIYJ YA-ÌN ->OÌN >NÌÌ> I ? .Nil!? - p r i y b p y i j q

Mishnah 5: He who enters a fortified place

216

prays two prayers, one

when he enters and one when he leaves. Ben Azai said four, two when he enters and two when he leaves. He gives thanks for the past and implores for the future. 216

Greek χάραξ "palisade". A Roman fortified camp with soldiers and police

not under the control of the local authorities. . i r i N n p a n n N i ί τ ι σ > 3 ρ ρ η η κ o>riy> y ? a r m : ρ τ ρ > υ ρ υ ρ η ψ »riiaN > n > N ) 1?

.'13

*

,θί!?ψ> ^

"P T P>

>n>Ni >rùN *

»JliaNt ' Π ^ Ν Ι

.ÎJ-Q>

λ

^ i n N > n > N i ·>τύι< » >n> ->»ÍN n í p ^ p

>?ni n - p o i o í n

D Í P 9 > ÍN OÜ7WÍ7 >JVa> ON

.Di!?y> rrç

. ί π κ ^ ρ o ? n y n i n t o p p a o>riW y a - ) N -IOÌN >NTY

q>53>)? i f c n >n> i ?

'D^tf *

l i s n >π> .-IOÌN i n o i J i o ' p a

* q ^ a i p >}N r r r i o n p i N iJiN»3>a

>n> ~I>?ÌN N i n i n t » ? p a lESÌN 03DD

w p i :ÎI n a î m (foi. i4b)

ns>

toin»

Ί^Ί >?n r n i o >3N»3iny

r\\ t o o

>3N>sh:rrç> > r i i a N

ή * * ) >n> 1?

>3ΓΙΝ!ήη^

V N B I O ^ ? ? BAN D ' I Ì JINVTPA "LQÇN Ν "Τ Γ) •Tía!? îp-ra

ni-iupa

o y "pininy o i p n τνη

664

CHAPTER NINE

HaJakhah 5: "He who enters a fortified place says two prayers, one when he enters and one when he leaves." What does he say when he enters? May it be Your pleasure, o Eternal, my God and God of my fathers, that You will bring me into this fortress for peace. When he leaves, he says: May it be Your pleasure, o Eternal, my God and God of my fathers, etc. "Ben Azai said four, two when he enters and two when he leaves." When he is about to enter, he says: May it be Your pleasure, o Eternal, my God and God of my fathers, that You will bring me into this fortress for peace. After he entered, he says: I thank You, o Eternal, my God and God of my fathers, that I entered in peace; so may it be Your pleasure that You will lead me out of it for peace. When he wants to leave, he says: May it be Your pleasure, o Eternal, my God and God of my fathers, that You will lead me out from this fortress in peace. When he left, he says: I thank You, o Eternal, my God and God of my fathers, that You made me leave in peace; so may it be Your pleasure that You will lead me to my house for peace (or, to place X for peace.) 2 1 7 means

218

That

, if it is inhabited by Gentiles, but if it is inhabited by Jews, he

does not have to recite the benedictions. But if it was a place where they kill, even in a Jewish dwelling he must recite the benediction. There are parallels to these

version of the Babli has four prayers;

prayers in the Tosephta (6:16) and the

the prayer after safe entry only gives

Babli (60a).

The Tosephta has only

thanks for that and is not a prospective

three prayers: Before entry, after entry

prayer for safe exit. This would best

and after exit. It is to be noted that in

be described by the words of Ben Azai.

the version of the Yerushalmi, the

The Spanish print in Seridei

prayer after entry really is also a

(Dimitrovsky) fol. 49 has only t w o

prayer for safe exit and the third

prayers, corresponding to the opinion

prayer repeats the second part of the

of the first Tanna in the Mishnah,

prayer after safe entry.

which is disregarded in the other

217

The printed

Bavli

m

HALAKHAH 5 versions: "What does he say when he

prayer has to be said only if there is an

enters?

May it be Your pleasure, o

actual danger in entering the fortress.

Eternal, my God, that you will let me

The d i f f e r e n c e between G e n t i l e and

leave this fortress for peace. When he

Jewish populations is not in the Babli;

left, he says:

I thank You that You

t h e r e the p r o b l e m is t h e q u e s t i o n

guided me out of this f o r t r e s s f o r

whether "one judges and kills" in the

peace, and just as You led me out in

fortress. In the first version, one does

peace, so let me travel in peace, lead

not have to recite the benediction if

me in peace, and save me f r o m the

there are courts that enforce the laws

hand of any enemy or ambush on the

by executing criminals; in the second

road.

version one has to recite the p r a y e r

P r a i s e to You, Eternal, Who

listens to prayer." The doxology that

anyhow

since

the

police,

when

makes this a benediction is found only

confronted with an unsolved crime,

in the Spanish incunabula print and in

might be tempted to f r a m e a stranger

Kolbo §87; it is expressly denied, in the

who, not k n o w i n g any good

local

tradition of the Babli, by Ravad (R.

lawyer, is in g r a v e d a n g e r of being

Abraham ben David of Posquières) in

convicted.

so

the

his critique of R. Zerahiah Halevi in

i n t e r p r e t a t i o n of R. A b r a h a m

al-

Alfassi.

Ashbili, the Yerushalmi recommends

By c o n t r a s t ,

This is an editorial note; in the

the prayer even at a Jewish place if

Babli (60a) a slightly d i f f e r e n t version

lawless and criminal e l e m e n t s t h e r e

is attributed to Rav Mattanah.

can kill with impunity.

218

i n 8 ino>5D3

The

. i m n p a n n N i ί η υ > 3 ? 3 ϊ ι π ν ο > π ψ t p n n N t o n n>?> o p j

!7N r p - r ç 1 1 7

w·" 1 Ό ί *

.NOPN? ΟΙΝΓΙ JIY

ÏÏTJ ΙΨΝΐ

>rnx»>? o m i D ^ n OD1? " m ? -IOÍN NNIN i n » N S V Ν Ί Η Ψ ? ."MAN

If o n e enters the toilet, he recites t w o b e n e d i c t i o n s 2 1 9 , o n e b e f o r e and o n e after. W h e n he enters, what does he say? H o n o r 2 2 0 to y o u , h o n o r e d , holy servants, this is the w a y of the world, let m e go.

Praise t o the G o d

of glory! W h e n he leaves, what does he say? Praise to H i m W h o created man in w i s d o m 2 2 1 .

666

CHAPTER NINE

219

It really means "two prayers."

usa Va « e n i n a nrnnV lV -iwbk p a

220

This is not a prayer but an

.mwvb k'Vdisi "Praised Who created man

address to the guardian angels who

in wisdom and You made him many

accompany everybody (Ps. 91:11) that

orifices, many cavities, many secret

they should let him go alone to a place

places. If one of them were be opened

unworthy of their presence.

In the

it would be impossible to continue

Babli (60b), Abbai objects to a similar

living. Praised Who heals all flesh and

version since it might imply permanent

does wonders."

dismissal of the guardian angels. 221

The word niTia appears only here;

The Babli (60b) has a much

in the form nvaaia it is in Babli Hulin

enlarged version. It may be that the

56b. For the translation it was derived

version of the Yerushalmi is the com-

from Arabic ρ » "hiding places". [Also

plete text that was recited originally,

compare Latin cannula "reed, pipe".

but the Rome manuscript has a text

Since D'ViVn can mean "round pipes",

similar to the Babylonian one: HPK "]Π2

nvj'33 o'ViVn would be Semitic-Latinate

o'apj trapa mm nrpwsn naana duct ηκ ·ηρ

synonyms "pipes-pipes" (E. G.).]

-ιπκ nns' dkw n v r i a nvraa trViVn n^iVn

-tpiN i r i ü ^ D i

. i m p i p a n n N ) i n o ' p i η η κ o>ny> tyùjya >?>

. r a i s o n ι ο ί p n n n p t > n n i WNH r i a n w n >3>>yri·)

r n s ? >rm>n ΝΠΙ^

>'> iiN

>3hf n i ì o - i n i N

.nì?ìo>3

>n>N >'> q>D3>>? l i i n >n> ON·)

Ninyi? . N i l i

^ r o p ? r n p N ΝΙΓ) ΊΓΏΝ ' i n n m

"ο^τ

tw")

in ,ιίΜΓΐ

it» ρ

π » ρ > η >3") .*τα>5 ρ η η ρ ρ η η n ! w " i d ì n ί ρ ν η ρ ί ο υ .rn>n}> η ^ ί υ r o w When one enters the thermal bath

Jû>?n 222

·)ΐ ü\yin> >5-» o w a ή ο > ρ

, he prays twice; once on entering

and once on leaving. When he enters, he says: "May it be Your pleasure, o Eternal, m y God, that You may save m e from being burned in fire, damaged by hot water or from collapse. Nothing should happen to me, but if it happens let my death be atonement for all my sins; save m e f r o m this and from the similar one 2 2 3 in the future world." When he leaves, he

667

HALAKHAH 6

says: "I thank Y o u , o Eternal, m y G o d , that Y o u s a v e d m e f r o m f i r e 2 2 4 . " Rebbi A b b a h u said, that is f o r a t h e r m a l bath w h i c h is h e a t e d . t h e r m a l b a t h that is n o t water".

225

But in a

h e a t e d , h e s a y s o n l y "from d a m a g e b y h o t

Rebbi H i l q i a h 2 2 6 and R e b b i S i m o n in t h e n a m e of R e b b i J o s h u a

ben Levi: T h e prayer at a b a t h h o u s e d o e s not require standing 2 2 7 .

A Roman t h e r m a l b a t h had a

prayer when entering, since one should

sauna room whose water was heated in

222

not mention accidents lest they happen.

a boiler room below.

This a t t i t u d e

Sometimes t h e

is u n k n o w n

to

the

f l o o r c a v e d in f r o m t h e c o n t i n u o u s

Yerushalmi and mishnaic sources.

exposure to steam and hot water, and

225

the bathers might f a l l into the open

ias.

fire below.

226

223

The fire of hell.

ration, student of R. Simon, f r o m t h e

224

There are parallels in the Babli

region of Lod.

A geothermal bath, as in Tiber-

An Amora of the f o u r t h gene-

(60a) and Tosephta (6:17); t h e manu-

227

s c r i p t s of t h e B a b l i h a v e

widely

not r e q u i r e s t a n d i n g u p (i. e., not

diverging texts. The later Amoraïm in

sitting) or not even standing still (i. e„

the Babli disapproved of the text of the

not walking).

ruion

ïïiapv

njnn

ty

It is not clear whether it does

r p a i p α » η λ n i v a (foi. i2d)

.q-TNjp-^Drn q y j p r i m i tin

N i n i!?>î)ni

Τ7ΊΟ Ν ΐ η ψ r m n i

T D ^ i f * ΓΗ* Κ ^ Π Ν Ι V"iTn i ^ u i

ΊΠΝ - α τ

aion

.tpinn-im

.ΊΗηι TN>3 to Γφ»

q·}*'?"^? >1Γ) Î7D3

^

M i s h n a h 6: O n e is required to recite a b e n e d i c t i o n f o r bad t h i n g s t h e s a m e w a y 2 2 8 it is said f o r g o o d things, as it is w r i t t e n ( D e u t . 6:5): "You must l o v e the Eternal, y o u r God, with all y o u r heart, all y o u r soul, and all y o u r force."

"With all y o u r heart," w i t h y o u r t w o i n s t i n c t s , t h e g o o d

668

C H A P T E R NINE

instinct and the bad instinct. "With all your soul," even if He takes your soul. "With all your force," with all your money. Another explanation: "With all your force," for every measure229 that He measures for you, for everything thank him very much. 228

The Babli (60b) points out that

benedictions should be recited.

the Mishnah cannot mean that one has

229

to use the same formula f o r bad news

1KB "power, plenty", n o "measure," . η τ

as f o r g o o d since the o p p o s i t e was

m e "thanking."

declared in Mishnah 3. Here one talks

grammarians w h o r e d u c e d

only about the spirit in w h i c h

roots to two letters.

o £ i y > Di"i)p r m N · ) ο ψ b y

the

r n

This sermon identifies the roots

ov?

Semitic

f i a î m (foi. i4b)

ΊΓώ Ninïb i l i lyjv 071 ηψι vitsb

It supports the e a r l y

.rov>yn by

bbn nbipap iriii Ninwpi . i i m

obiyb bsri o i ö ' t

λ obiy> Dino nnNi ΗΪΗ ρ ύ>Ν nìd tina vm^ri baNi . ú h ? .rm>>yn by 77,ì Halakhah 6: Rebbi Berekhia in the name of Rebbi Levi:

230Because

of

(Ps. 92:5) "You are always exalted, o Eternal!" Your position is always the strongest 231 .

Usually in the world, if a king of flesh and blood sits in

judgment, if he dismisses232, everybody acclaims him; if he sentences to execution233, everybody says bad things about him since he is sweeping in his sentences. But the Holy One, praise to Him, is not so, rather: "You are always exalted, o Eternal!" Your position is always the strongest. 230

One is r e q u i r e d

to r e c i t e a

his point, but the adversary has to.

An

benediction f o r bad things the same

example is a case in which one party

way it is said for good things.

bases its position on a written contract;

231

the

This is a term f r o m c i v i l law;

contract

the person whose position is strongest

strongest.

is the one who does not have to prove

232

makes

his

position

Latin dimissio, throwing out the

669

HALAKHAH 6 indictment. 233

Latin spiculum

.rnnîN * οιο

pointed instrument; arrow". "thorn, dart,

m T > y w o a y o i τ ρ ο I Ì O ^ O t n l ? Ν Π Ν >a*» o w ? ί φ η

.rnT>v>N >J3V n y i y ΠΓΙΝ TOO O N .nnnîN

.NÌD

r g -pni 7 5 p i

v m ¡ ? n >?a> i n

. η γ ψ Ν my

R e b b i H u n a in t h e n a m e o f R e b b i A h a 2 3 4 : David.

r n ion

rrçhy n j w o a y ) n

( Ρ s. 1 0 1 : 1 ) "A s o n g o f

Kindness and justice I shall sing, to Y o u , o Eternal, I shall chant."

D a v i d said b e f o r e t h e H o l y O n e , praise t o H i m : towards m e , I shall sing.

If Y o u act in k i n d n e s s

If Y o u act in j u d g m e n t t o w a r d s m e , I shall sing.

In a n y case, I shall chant. 234

In t h e p r i n t e d e d i t i o n of t h e

Babli (60b), this homily of R. A h a is

author.

T h e r e a r e many other names

given in manuscripts of the Babli.

described as having R. Levi as f i r s t

nip

pi

. η α τ ï)>T\H >\a - 0 7 ^ Γ Ι Ν ; o > n > N 3 r m n > 1? n o v e r i >?"> n m i?ï?nN o > o r n m n ï y ν ? V 7 D

Rebbi T a n h u m a ben Y e h u d a h

234

said, ( Ρ s. 5 6 : 1 1 ) "In G o d I will praise

words, in t h e Eternal 2 3 5 I will praise words." O n m e a s u r e s of j u d g m e n t as o n m e a s u r e s of m e r c y I shall praise words.

234

He is R. Tanhum bar Yudan. In

the Talmud as "the measure of justice"

the Babli (60b) this homily is attributed

acting by the immovable laws of t h e

to many different authors, all from the

Creation.

"Eternal" is t r a d i t i o n a l l y

school of R. Y o h a n a n and his sue-

i n t e r p r e t e d as d e s i g n a t i n g God t h e

cessors.

Merciful, Whose mercy is not subject

235

to natural law.

The name "God", majestic plural

of él "power", is always interpreted in

670

CHAPTER NINE

* ονήί

rns

Ι Ί ' Ν Ψ NÌD

1 7 V >1-1 I O N

cporm n p ^ p i .ún

*

Nyis Jiivw> NIÍ?Í<

V>

ÏÏ?

V*Ì)?N 1

I*? )

V3

,·)Γΐ3 D > ) p r ) i g ι γ ι μ ο q n i i p * ovy >π> νφ

n^)?? n p ^ s ì

D^IDIV» I N 1>33

.n»*pa

i r i ) * -ION *iiy

Λ 3 Π J1>2Ì Ν1Π >'>1

ΟΊΡΦ'ΪΟ

.Πΐ?^ >3*) N)?N

r u n "vty

">?τ

But t h e s a g e s 2 3 6 s a y (Ps. 1 1 6 : 1 3 ) : "I lift t h e c u p o f s a l v a t i o n , I call o n t h e N a m e of t h e Eternal, t r o u b l e and s o r r o w I will f i n d , but o n t h e N a m e of t h e Eternal I shall call." t h e N a m e of t h e Eternal. Job said ( J o b 1:21):

W h a t e v e r m a y h a p p e n t o m e , I shall call o n R e b b i Y u d a n bar P e l a y a 2 3 7 said:

T h i s is w h a t

"The E t e r n a l g a v e , a n d t h e E t e r n a l t o o k , m a y t h e

N a m e of t h e Eternal b e praised!" W h e n H e g a v e , H e g a v e in m e r c y ; w h e n H e t o o k , H e t o o k in m e r c y .

In a d d i t i o n , w h e n H e g a v e , H e d i d n o t

consult a n y b o d y , but w h e n H e t o o k , H e consulted His C o u r t 2 3 8 .

Rebbi

E l e a z a r said, e v e r w h e r e it s a y s "and t h e Eternal" it m e a n s H i m a n d H i s Court. T h e p a r a d i g m 2 3 9 of this is {IK.

22:23): "And t h e Eternal s p o k e w o e

over you240." 236

In t h e

Babli

(60b)

this

is

logically.)

The court is t h e Heavenly

a s c r i b e d to R. T a n h u m , the f o l l o w i n g

Court of Law.

s t a t e m e n t of R. Yudan bar P e l a i a h is

239

attributed to "rabbis".

T h e theory behind this e x p r e s s i o n is

237

t h a t e a c h w o r d in t h e T o r a h has a

A l a t e A m o r a , s t u d e n t of R.

Jonah, whose

n a m e is

frequently

Literally "Father's

unique meaning.

building."

If the m e a n i n g of a

corrupted in Talmud and Midrashim.

term is clear in one verse, "this built a

238

T h e proof is in t h e next sen-

f a t h e r for all occurrences of this word,"

tence. The text is elliptic and o n e has

one of t h e h e r m e n e u t i c a l r u l e s of R.

to add:

"As R. E l e a z a r said" ( t h r e e

Ismael f o r t h e u n d e r s t a n d i n g of t h e

generations b e f o r e R. Yudan; otherwise

Torah. Its validity is extended to all of

the homilies are a r r a n g e d

the Bible as rule #8 of the 32 rules of

chrono-

HALAKHAH 6

621

R. Eliezer, son of R. Yose the Galilean.

with his vision of t h e E t e r n a l sur-

240

rounded by all the Hosts of Heaven.

The prophecy of Michaihu starts

n j w >? v i VKi

J1N3 ο κ ψ n n n N Ç n w y

. n i o » o n w p i narjN)? n v v

.*o> n r i N ^ v i o i y n > i w a ο κ ψ ηκ-ι»ο n w y

. n j i w n n i N v*") a n w oy^p

241

HVt

A c t f r o m l o v e and act f r o m fear. A c t f r o m l o v e , b e c a u s e if y o u are

t e m p t e d to h a t e 2 4 2 , k n o w that y o u must l o v e and a l o v e r is n o hater.

Act

f r o m fear, b e c a u s e if y o u are t e m p t e d to rebel, k n o w that y o u m u s t f e a r and o n e w h o fears d o e s not rebel. 241

This and the next p a r a g r a p h s

declares: "The Eternal, your God, you

are from Sola 5:5; in the transcription

must fear." How does one square these

the introductory sentences w e r e lost.

two verses?

There, the question is raised that one

a r e r e q u i r e d , as e x p l a i n e d

verse in Deuteronomy says: "You must

following.

love the Eternal, your God," as quoted

242

in our Mishnah, but a n o t h e r

religion puts upon you.

,n>o?n n o v i n s VVP •>NPp v m a ti>n-î i n o

verse

vmai

w i s

,>o?v) v m a i n p v m p

.ηΐΓ)ϊ< v m a . nN-¡> v i n a

.n»D?n n o v m a

.ns^v^ì ^ i n

>ap'í v m a

vtn

njnw vnna

. N a ^ o ï y Nfflisn

. N i n ? M i n u p p i n ^ o N i n - j n a i n N i n -rny -

j i h ? ^ n n ? i n n t >n . n ^ i i N ) ' m i n i h n v m a r ß Vi*

in t h e

The obligations that the Jewish

.'api vmai

.ni*»? T > i y n ì n i >> < v p N

The answer is that both

nanN vma

, η ^ α "Tiy

nN-p v m a τ τ : - :

N ^ n o >>

.nm-p niso τηιΐΝΐ

n nτ n·:N- v i n sτ h ' p» τh o ! »? ì d o n > ·n nτ

There are s e v e n kinds of religious p e o p l e 2 4 3 : Religious o n the s h o u l d e r , religious o n credit, religious b a l a n c i n g , r e l i g i o u s "what is t h e deduction," r e l i g i o u s "I shall d o it w h e n I r e a l i z e m y guilt," r e l i g i o u s f r o m f e a r , religious f r o m love.

Religious o n the shoulder, he carries his d e e d s 2 4 4 o n

672

CHAPTER NINE

his s h o u l d e r .

R e l i g i o u s o n credit, "give m e c r e d i t t h a t I c a n p e r f o r m

c o m m a n d m e n t s . 2 4 5 " Religious balancing, he c o m m i t s o n e sin and o b s e r v e s o n e c o m m a n d m e n t and balances o n e against the other. R e l i g i o u s "what is the deduction," w h a t I h a v e that is w h a t I a m u s i n g t o d e d u c t f o r d o i n g a commandment.

R e l i g i o u s "I s h a l l d o it w h e n I r e a l i z e m y guilt," I

c o m m i t t e d that sin and t h e r e f o r e I shall d o this g o o d d e e d t o c o u n t e r a c t it 2 4 6 .

Religious f r o m fear, l i k e Job.

Religious f r o m love, like Abraham.

N o o n e is b e l o v e d as m u c h as the religious f r o m l o v e , like A b r a h a m .

243

The same list appears in Yeru-

f e r e n t interpretation:

O n e w h o asks

shalmi Sota 5:5; a slightly d i f f e r e n t list

for a loan pretending he needs it for a

with completely

inter-

mizwah, while he only wants the money

pretations in Babli Sota 22b d e c l a r e s

and has no intention of performing the

explicitly

mizwah (Qorban haëdah, Eliahu

different

that the first five

" d e s t r o y e r s of t h e w o r l d . "

are

In t h e

I cannot

pay now

Fulda);

bccause

I am

Yerushalmi, it is c l e a r t h a t t h e f i r s t

occupied with a mizwah (Pne

five are considered in a negative light

give me money because I am so holy

Mosheh);

but they are still considered better than

that I cannot go and earn money (Z.

one who p e r f o r m s no commandments

Frankel).

whatsoever.

246

W h i l e this is c l e a r l y

disap-

®πβ "Pharisee" is the designation of

proved of here, it is approved in t h e

anybody who separates himself f r o m

Babli and also in Medieval catalogues

impurity; in particular, one who follows

of "actions of penitence" which, under

the teachings of the rabbis.

the i n f l u e n c e of C a t h o l i c p r a c t i c e s ,

244

Openly, for everybody to see.

prescribed just such a course of action.

245

Every commentator has a d i f -

-ion * m îun:

IJDN}

nis n n y m ^ T P ï a i o Vin *Ì*> rtyy WIN on-pN

. ( m i n n o n n i ) J i n a n i » y ni-o*} h ù t s . r a - t p n ^ η >?>·) N o y o ' n o

247

*νψ3;η

. ί η ι > ι i n n i i a *τί»ν>

κηκ η?η

mi

HALAKHAH 6

Our forefather Abraham turned the evil instincts into good ones as it is written (Neh. 9:8): "You found his heart trustworthy before You." Rebbi Aha said, he compromised, from "concluding a covenant with him 2 4 8 ." But David could not stand them and killed them in his heart. What is the reason? (Ps. 109:22) "But my heart is slain 249 in me." 247

Reading of the text in Sota and

the evil instincts residing in the heart,

the Rome manuscript here. The Venice

not to Abraham.

print has an unintelligible v o u m "he

249

lost".

"corpse" (or from Rabbinic Hebrew

248

Abraham compromised with his

evil instincts, taking "him" to refer to

Nj^y

251

OYAP

>Ν TIN « Ή Η

njwi

OY^IP Ν ^ Ι >RI)P>N

H M

Taking Vbn from the noun V^n

"empty space"), not from Biblical Vn "to tremble."

j r ç h n " " o ì s n w w >oip i n n o ο » ρ τηη n ^ p y >Ν N A O

VY-JN N ' Y

η>>

*V?N

ηηρ ηρ

.ΠΓΜ

,N*NA ΝΙΠΪΤΤ Η > Η Ι Ι

- I N W · ) "ÌYVYR? > Τ Ι » Η Ι

.TJ-JNP-ÌO:» QYJSR^?1»

.Η» P Í O S > Η Η Ρ :PN>TF *

.>!? np>*T3 m,r) N^ ^ a r i r ç a i

TIN

.yçy> nnp"7

Η Ψ

Η > > -IÇJN >NI>-IO RANNI

.J}N

ΙΗΙΟ>Η

NJN

WITNN

, N > > IJW^V?»

n>ri>?n-p

ÌNÌ3>

n>r»pn*i

1? Dia> . ' r i v i n j > ? n n ^ i yovy n n p íü^ njmn·) >\war!7D3 11097 ivrpi , Ί Ϊ ΐ Η Ψ ? Η Η - > 3 Ψ T Y -ΙΟΊ!? P > 3 P N N ^

Rebbi Aqiba was tortured before the evil Tineius Rufus

.RPRM Η Ρ

252

NJN

. There came

the time for reciting the Shema'. He started to read and laughed. He said to him: Old man, you are either a sorcerer or one contemptuous of suffering. He said to him: The spirit of this man should be blown away; I am neither a sorcerer nor contemptuous of sufferings. But all my life I read this verse and said, when will I have occasion for these three (Deut. 6:5): "You must love the Eternal, your God, with all your heart, all your soul, and all your force." I loved Him with all my heart.

I loved Him

CHAPTER NINE

674 with all my money.

But whether with all my soul I could not test.

But

now, when "with all your soul" came, the time of reciting the Shema'

has

arrived and my mind has not w a v e r e d , t h e r e f o r e I a m reciting and laughing. He had not finished speaking when his soul flew away. 250 script.

Reading of the Rome manuThe Venice print has o m o

OlDIIB. 251

Renan and Schürer.

(Graetz writes

Tinnius or Titus Annius.)

Babylonian

sources give the name as Dion Dime; Reading of the Rome manu-

this can be read as Turianus Rufus,

script. The Venice print has nnrn, an

traditionally interpreted as "Tyrant

otherwise unknown word that cannot

Rufus."

According to the

be derived from Rabbinic nm "win-

(Nedarim

50b), Rufus's rich wife had

nowing shovel."

divorced him, converted to Judaism,

252

Governor of Palestine under the

emperor Hadrian.

The form of the

name Tinejus is accepted by Mommsen,

o'•jin n p ^ i n j v o n y v

and married Rebbi Aqiba.

Babli

A story

closely similar to the one given here is told in the Babli (61a).

>q>py r n

π ι * νΐβ·>ν

rvppj

* njs a > r m i n n Nin n ç n>b ->>?n . V V W ' P Vî?T! VPV· . i r nτ i n t i n i i n i N

ΊΟΝ - •

,ΝΤ Π τ

Nehemiah from E m m a u s 2 5 3 served Rebbi Aqiba for 2 0 years and he taught him "ηκ and D3 mean additions, "|K and ¡ n mean exclusions 2 5 4 ."

He

asked him: What means that which is written (Deut. 6:13) "ηκ the Eternal, your God, you must fear." He said to him, Him and His Torah 2 5 5 . In Babylonian sources, Nahum

that Nahum was the developer of a

from Gimzo (Shevuöt 26a) or Nehemiah

rudimentary method of explaining the

from Emmaus (Pesahim 22b) was the

Torah by looking at expressions that

teacher of Rebbi Aqiva; Nahum is also

mean inclusions or exclusions, that the

quoted as teacher in Yerushalmi

method was made satisfactory only by

sources (Bereshit rabba 22, 53) but in a

R. Aqiba, and that Nehemia was R.

very critical sense.

Aqiba's student. (The tradition of the

253

Hence, it seems

675

HALAKHAH 7

not original with him; in t h e G r e e k

name in Pesahim 22b is doubtful.) The method

of

inclusions

t r a n s l a t i o n of A q u i l a , a s t u d e n t of

and

exclusions is much more general than

Rebbis Eliezer and Joshua, every ηκ is

the l i m i t e d use m a d e h e r e in iden-

t r a n s l a t e d as κ α ί "and", w h e t h e r it

tifying particles which have extending

makes sense or not.

or limiting character; its use is always

question, it is the accusative participle

called "the m e t h o d of R. Aqiba", in

used as "and" that seems to result in a

contrast to the "method of R. Ismael",

meaning unacceptable to p u r e mono-

which is b a s e d on g e n e r a l i t i e s and

theism.

specifications.

255

254

The particles denoting exclusion

a r e ρτ "only", ηκ "but only".

In t h e v e r s e in

This is the reason that R. Aqiba

was willing to be t o r t u r e d to d e a t h

Those

because he could not obey H a d r i a n ' s

denoting inclusion are d j "also", and ηκ,

d e c r e e that f o r b a d e t h e t e a c h i n g of

which e i t h e r is t h e p a r t i c l e of t h e

Torah.

a c c u s a t i v e or m e a n s "and".

In R.

Babli Pesahim 22b, "Him and the Torah

Aqiba's theory, all accusative particles

Sages", is weak and inappropriate when

also have the meaning of "and." This is

compared with the statement here.

Νίηψ r n t p n iirniûNni >ητήιν!?3

toìopni

T h e i n t e r p r e t a t i o n given in

"T»? i w ï ô η κ ο ™ top?»?

n ? a n -in}

.-»pirn b p p np>p-yi topini

}p>

. c p y n ^ n > γ π ρ n>? t m s

. n n ^ n a p la^y? n ^ I

o^iy ν « ^ w »

V?>en

Νη»ψ w p r ç r o

o^iyn lyi o ^ y n ρ

η ΐ * » β (foi. 12d)

vbn

paçpi

. o ^ y n ·)» v n « π ρ ο ? ν η ψ o n p i N ίη»ψ u ' P ^ n

nionan

ΤΙ?Ν

, o ç > η > ? ο N a t y i a ron"! " î o ç f i y ο γ ή n a n otoy» u n ì j n ì v ì d i n nan

nwy1? ny

. q ç i s r o p j >? m n

ϊ κ -»»în·; . o o r p y >'>

n w y } Jiy q r i - j i n n a n - i o ì n p i >an

.qrnin

Mishnah 7: A person should not behave improperly before the Eastern gate, which lies in a straight line with the Holiest of Holies 2 5 6 . And one should not enter the Temple Mount with his walking stick, sandals 2 5 7 ,

676

CHAPTER NINE

m o n e y b e l t 2 5 8 , or dust o n his f e e t 2 5 9 . A l s o o n e should not use it as a s h o r t c u t 2 6 0 , and c e r t a i n l y n o t spit there.

A l l e n d i n g s o f b e n e d i c t i o n s in t h e

T e m p l e w e r e "from eternity 2 6 1 ." W h e n heretics did err and said that t h e r e w a s o n l y o n e world, t h e y ordained that o n e s h o u l d s a y "from e t e r n i t y t o eternity."

T h e y a l s o i n s t i t u t e d that o n e s h o u l d g r e e t his f r i e n d b y t h e

N a m e , as it w a s said (Ruth 2:4): "Lo, B o a z c a m e f r o m B e t h l e h e m and said t o the harvesters: T h e Eternal be w i t h you!" A n d it s a y s ( P r . 23:22): "Be not c o n t e m p t u o u s b e c a u s e y o u r m o t h e r g o t o l d . 2 6 2 "

( Ρ s. 1 1 9 : 1 2 6 ) "It is

t i m e to w o r k f o r the Eternal; t h e y v i o l a t e d Y o u r Torah." R e b b i N a t h a n says, t h e y 2 6 3 violated Y o u r Torah, it is t i m e to w o r k f o r the Eternal. 256

The Eastern gate in the wall of

Hence, also laymen

entering

the

the Temple Mount (which at the same

Temple precinct had to be b a r e f o o t .

t i m e w a s t h e c i t y w a l l ) w a s in a

[To show t h e d i f f e r e n c e b e t w e e n t h e

straight line with the Eastern gate of

Temple and a synagogue, shoes may not

the Temple courtyard, the Temple gate,

be removed in a synagogue.]

and the Holiest of Holies, because the

258

Latin

funda.

priest who was burning the red h e i f e r

259

One

may

on the Mount of Olives had to see the

unwashed feet.

Temple door through the gate of t h e

260

wall and the gate of the Temple court.

Chapter 1, Note 36.

O n e must assume t h a t in M i s h n a i c

261

times, the T e m p l e itself w a s totally

a b e n e d i c t i o n was " P r a i s e d b e t h e

obliterated (since, after the war of Bar

E t e r n a l , t h e G o d of I s r a e l ,

K o c h b a , H a d r i a n had c o n s t r u c t e d a

eternity". This is the answer asserted

temple of Jupiter on its site) but that

to be given during the existence of the

the original Eastern gate was still there

first Temple. When the second Temple

and the place of the Temple could be

was inaugurated, the formula was (Neh.

determined on a line perpendicular to

9:5): "Praised be the Eternal, the God of

the wall at that gate.

Israel, f r o m e t e r n i t y to e t e r n i t y , " to

257

All s e r v i c e by p r i e s t s in t h e

emphasize the two worlds, the existing

Temple had to be performed barefoot.

one and the one to come. The heretics

not

Latin compendiaria

enter

(via),

with

cf.

Instead of "Amen", the answer to

from

677

HALAKHAH 7 here cannot be Sadducees who started

wordly greeting, one should follow him

about three hundred years later; the

since he is one of the elders of the

Qumran documents show that it is

people. In the verse, the harvesters

totally false to impute a denial of the

answered: "May the Eternal bless you,"

future world to Sadducees.

following Boas's example.

[That

"heretics" are called "Sadducees" in

263

many editions of the Babli here is due

who instituted the response to the

to Christian censors who misunderstood

benedictions in the Temple and the

the use of the word p n which in

way of greeting in the Name of God,

general,

violated the prescription of the Torah

but

not

here,

means

The men of the Great Assembly,

"Christians."]

that God's name may not be taken in

262

Rashi in the Babli explains:

vain (i. e., for secular purposes) in

Even though the action of Boaz looks

order to further God's work and to

wrong, since God's name is used for

instill religious feelings in the people.

tin

yias Ν"τη i l l

οίριρ τα^αι

v m - j a i n rrç n n o > o b>v>on >?n :T n a i n (foi. i4b) >3

>3Ί Ί 0 Ν

.OÍIT

. D i p o " ! ? ^ "wpiN r a > p v

v n i n N i r n t ö > v i s iri> o > 3 i s r i ί ο -»ηίΝ >th>

ο*??!?} o > ? t a n ρ

v ^ y ì TIÎS π ρ > ο η >3η

.«Ηροη η ν ψ ?

H a l a k h a 7: It was stated:

ÎJSin Π^ Π Ο ^ > ~ ί

rmn> m

Nnojp οψ ν ^

He w h o urinates turns his face towards

North 2 6 4 . He who spreads his feet 2 6 5 turns his face towards South. Rebbi Yose bar A b u n 2 6 6 said, this bar aita is from Mount Scopus towards the interior.

Rebbi Aqiba says, e v e r y w h e r e 2 6 7 but only where there is no

wall 2 6 8 . If was stated: He who spreads his feet should not face East with his back facing West but at an angle 2 6 9 . Rebbi Yehudah says, when the Temple exists. Rebbi Yose said, from Mount Scopus towards the interior. Rebbi Aqiba says, everywhere but only where there is no wall.

CHAPTER NINE 264

In p o s t - H a d r i a n i c

Jerusalem,

Amoraic. But R. Abba adds that all the

situated North of the Temple Mount.

rules a p p l y only w h e n t h e T e m p l e

He will face a direction pointing away

exists ( f o l l o w i n g R. Y e h u d a h in t h e

from the Temple.

next baraita), and this is emphatically

265

negated by the Yerushalmi.

To d e f e c a t e ; then his f a c e is

towards the Temple and his back away

267

from it.

Israel, in t h e i n t e r p r e t a t i o n of t h e

266

Even o u t s i d e of t h e L a n d of

Both R. Eleazar Askari and R.

Babli. The Babli also takes the rules of

Zacharias F r a n k e l p r e f e r to cross out

the baraita quite strictly, E-W and N-S,

the words "bar Abun said, this

bardita

not the direction t o w a r d s J e r u s a l e m .

d e a l s with" s i n c e in t h e n e x t f o r -

They seem to suggest that everybody

mulation, and in the parallel to that in

has to feel himself to be in Jerusalem

the Babli (61b), R. Yose the Tanna is

e v e r y w h e r e in t h e w o r l d .

quoted that these rules hold only if one

possible to say what the opinion of the

can see J e r u s a l e m .

Yerushalmi would be in this question.

But one should

hesitate to f o l l o w t h e m since in t h e

268

c o m m e n t of t h e Babli (61b) on t h e

forbidden direction.

p r o h i b i t i o n s of t h e M i s h n a h ,

269

the

It is im-

Separating between him and the

Here in the Yerushalmi, ] ' Π Ϊ

statement attributed h e r e to the f i f t h

denotes a position that is not in one of

generation R. Yose bar Abun is there

the four cardinal d i r e c t i o n s .

credited to the f o u r t h g e n e r a t i o n R.

parallel in the Babli, t h e s a m e word

Abba, son of R. Hiyya bar Abba, in the

means a place that is not Ν, E, S, W

n a m e of R. Y o h a n a n ; it is c l e a r l y

from Jerusalem!

to nrpN .nwynn imn!? y\yin> m via ν>ί :nyn n>n

ι a "pypyj i n

RM>io no to

N M

η η κ >ru?pi nn>py >a-i

In t h e

(foi. i4c)

ί τ ^ ΐ iwv vjvn-i "pn> i o n .Divio nn Hïy vp>3

.ΗΨΝΡΟ JIÍN->> Γ Φ Ρ Ν

ìO) >ΙΠΝ

m ,·)? -ÌOÌN .'IDI

Rebbi Aqiba said, I entered once after Rebbi Joshua to see the action 270 . They asked him, what did you see? He said to them, I saw him sitting and his side was towards the West 271 ; he did not undress until he was sitting,

679

HALAKHAH 7

he did not sit down before he rubbed 2 7 2 , and he did not cleanse himself with his right hand but with his left hand 2 7 3 . Simeon ben Azai also said so: I entered once after Rebbi Aqiba to see the action. They asked him, what did you see? Etc. 270

How he behaves in the bath-

The Babli and the Yerushalmi

source Derekh Erez 7 explain that R.

room. 271

273

At Jabneh, East of Jerusalem, he

Eliezer says, because one eats with his

was facing either North or South.

right hand; R. Joshua says, because one

272

He cleaned the place before he

writes (words of Torah) with the right

sat down. There is an alternative ex-

hand; R. Aqiba says, because one uses

planation given in the Babli (62a,

the right hand to show the musical

bottom) that is impossible here.

signs when reciting the Torah.

V i n i » ì>3iìV)oi

^ϋψ P^N?!

J V 3 0 i r i ? DTN X??3>

Ji>a

:j>ri

"»ioy o y o nj?

Xìn?»

i?ï< Hiï

VM >?

>?a> I V N i » ! "»ni* r m r v n j

-

>3?> nn? ) n o ? η η κ ϊ χ .·)? n n n p nn>>

tornisi!

>?TI únoa

>?*) . o > n > # n

.py v m > 3 .oipçn - ì w

It was stated 274 : Nobody should enter the Temple Mount in shoes, with dust on his feet, or his coins tied up in his head-scarf, or his money belt on him outside. What is the reason? (Eccl. 4:17) "Watch your feet when you go to God's house." Rebbi Yose ben Yehudah says (Esth. 4:2): "He came as far as the king's gate because nobody may enter the king's gate in sackcloth." He said, if it is so for a foul smelling drop 2 7 5 , so much more for the gate of the Omnipresent! 274

Tosephta Berakhot 6:19.

275

The semen from which the king

was conceived.

680

CHAPTER NINE

JIN "Tin? ty Ν > η ψ

on no

. - « p i n ) !?¡?>? ni7>p*yi . n n - ^ a p w ^ ? ty

"

276

ηϊ

Ν ' Π ψ Π(7>ρ-| . H O N DOÌN

0ne should not use it as a short cut, and certainly one should not

spit there277." If you say that wearing shoes, which is a respectful way, is forbidden, spitting, which is disrespectful, so much more. 276

Except for the quote from the

277

This is quoted here to explain

Mishnah, this is the continuation of the

the expression "certainly", or "so much

previous Tosephta.

more".

iiiiDlpç t í a ? c w r j r a o n p i N vri n p ^ jiN

. « n p a a IJON i>?iy v n N > >?ri

ί ο ι ρ " i n t o - n n > r i v n p o i yon

v ç i n i y i?3)p

o£iy>

. n ^ n ^ i riD*ia-t?3 ϊ χ o j p v w p ì u o i : ? *Tìo>n n D n n i r m a Î73 ï y y j » ? ."Mpiai

If was stated: One did not say "Amen" in the Temple. What did they say 278 ? "Praised be His glorious name forever and ever." From where 279 that one did not say "Amen" in the Temple? The verse says (Neh. 9:5): "Rise up and praise the Eternal, etc." From where that this is for every single benediction, the verse says: "And Elevated for every benediction and praise.280" 278

In the second Temple.

Your glorious name and Elevated

279

A formulaic word meaning:

every

benediction

and praise.

for The

"From which verse do w e k n o w that

Tosephta (6:22), q u o t e d B a b l i

such and such is true?"

explains that this means:

280

single b e n e d i c t i o n and e v e r y s i n g l e

The full verse is: Rise up and

praise the Eternal, your God, from eternity

γη

to eternity

praise.

they shall praise

rv>3 m>3pni

γη

jpa

. - » n p N Ji^JDpi ιη>3ρπψ

63a,

For e v e r y

n£n

.-rça

n n

onyr

,inn>

ηψ^νρ γμο-}0 ID

n>-¡ .Iwnw? N o n

>3-1 ΝA

don

1D9V

. i n n > ty π κ η ο

ογή

Ml

HALAKHAH 7

^ap-j n ç N a i

, - ι ο ί η to^i?") m>>p .-»ripis

1>3pi . ο φ n>ao -tili qpv ^ irç

iNun

.109V

VI

tyia nan") .oy>a o t o y νΐ?·>Ηψ ιη>3θηψ i ^ p a>ri3 -MON»!

"»Ρξοψ

-nn}ri ."inpy

iii-iyyon

V I n>a oya

- r ç i Ι3ηί> >3-1 o y a n a -»3 ή ν ρ ν ">a >pi> >3-) . » 1 >>3

γαπ

>3Ί

ino

"m

>ηπ

n a N3N ai") i a ^: n? >a-n η>3Ί3 >a-> . n τaτi :s Min » 1~ noi!? to i ^ û: nτ >nv> τ · • : » : ? : · τ m

riirna

-»pi-m oa>riin?v> ftyy "τϋ a i

w^V

Rebbi Joshua the Southerner 281 said: Three things did the earthly court decree and the Heavenly Court agreed with them, and they are the following: The ban on Jericho, the Esther scroll, and greeting people using the Name. The ban on Jericho (Jos. 7:11): "Israel sinned 282 ." But was not Joshua the one who decreed it? This certainly implies that the Heavenly Court agreed with them. The Esther scroll (Esth. 9:27): "They confirmed and accepted, etc." Rav said, "accepted" is written in singular 2 8 3 ; this implies that they 284 accepted. Greeting people using the Name (Ruth 2:4): "Lo, Boaz came from Bethlehem." And from where that the Heavenly court agreed with them? The verse says (Jud. 6:12): "The Eternal is with you, o hero! 285 " Rebbi Abun in the name of Rebbi Joshua ben Levi: Also tithes, as it is said (Mai. 3:10): "Bring all tithes 286 , etc." What is: " 287 Until 'without enough?'" Rebbi Yose bar 2 8 8 Simeon bar Abba in the name of Rebbi Yohanan: The thing about which it is impossible to say "enough", that is blessing. Rebbi Berekhiah and Rebbi Chelbo and Rebbi Abba bar Hai in the name of Rav: Until your lips will wear out 2 9 0 saying, we have enough blessings, we have enough blessings. 281

Rebbi Joshua ben Levi.

had taken property for himself, Israel

282

Joshua decreed a ban on all

was defeated at the Ai and Joshua was

property of the city of Jericho as

informed that "Israel sinned," i. e., a

hêrem for the Eternal.

transgression of his command was

After Akhan

682

CHAPTER NINE

e q u a t e d w i t h a t r a n s g r e s s i o n of a

gations (the heave for the priests, tithes

divine command.

Heaven

for the Levites and the poor, the

a c c e p t e d his h u m a n d e c r e e in t h e

Hence,

Sabbatical Year, etc.) come into f o r c e

Heavenly Court. [While everybody can

"when you c o m e to t h e L a n d

and

d e c l a r e his own possession hërem

i n h e r i t it," as d u t i e s on t h e

land

or

qorbän whereby its use is forbidden by

distributed as family h e r i t a g e to t h e

a divine c o m m a n d (Lev. 27), Joshua

tribes by Moses and Joshua.

here forbade the use of things that did

commandments became obsolete when

not belong to him and, u n d e r usual

t h e t r i b e s w e r e led into c a p t i v i t y ,

c i r c u m s t a n c e s , his d e c r e e would be

including

invalid in a court of law.]

remaining Israelite population

283

It is written bap and read ibap.

Galilee who, according to our sources,

284

In fact, He (God) accepted it.

were never exiled and who reappear in

285

This is the greeting of the angel

history at the time of the Hasmonean

the obligations

These

of

the of

to G i d e o n , t e l l i n g him to f i g h t t h e

r e v o l t w i t h o u t any r e c o r d of

Midianites. This shows that heavenly

settlement in Galilee.

beings a d a p t e d the human manner of

obligation to o b s e r v e t h e L a w s t h a t

greeting as exemplified by Boaz.

d e p e n d on t h e L a n d t h e r e f o r e

The

re-

T h e continued

argument implies that Gideon, who was

derived

quite early in the time of Judges, came

covenant enacted by the people in the

after Boaz. This is explicit in

Midrash

time of Ezra and Nehemia (Shevi'it 6:1):

Seder Olam Chap. 12 (in the a u t h o r ' s

"Rebbi Lezer says: they voluntarily ac-

edition and commentary, Northvale N.J.

cepted the duties of the tithes. Why do

1998, p. 121-123.)

the

I say this? (Neh. 10:1) 'With all this, we

grandson of Nahshon ben A m i n a d a v ,

e n a c t a w r i t t e n trust and c o v e n a n t

prince of Judah during the wanderings

signed by our p r i n c e s , Levites, and

in the desert (Ruth 4:20-21.)

priests.' How does R. Lezer explain the

286

inclusion (Neh. 10:37) of 'the firstborn

Boaz w a s

The problem alluded to here is

only f r o m the

is

voluntary

discussed in Y e r u s h a l m i Shevi'it

6:1,

of our cattle and flocks' [an obligation

Qiddushin

32b,

that does not depend on the Land and

1:9 and Babli Arakhin

r e f e r r i n g to t h e o b l i g a t i o n s of

the

t h e r e f o r e is universal]?

Since t h e y

f a r m e r regarding the p r o d u c e of t h e

accepted the obligations (of h e a v e and

Holy Land.

It is s p e l l e d out in t h e

tithes) that they could have a v o i d e d ,

T o r a h many t i m e s t h a t t h e s e o b l i -

Scripture gives them credit f o r those

Ml

HALAKHAH 7 obligations which they had to f u l f i l l

"if I will not open for you the skylights

anyhow as if they had accepted these

of heaven, and I shall pour out f o r you

also voluntarily." The same idea is also

blessing until 'without enough.'"

expressed by an opponent of rabbinic

obligation accepted by the people on

Judaism who is reported (Shevi'ii 9:9) to

Earth w i t h o u t H e a v e n l y

have said: " H allah (the h e a v e to be

gives Divine R e w a r d .

taken from bread dough) is a biblical

obligation was a c c e p t c d as D i v i n e

obligation

Command of human origin.

(Num.

15:20) but

the

The

Command Hence, the

Sabbatical year is now an obligation

288

only by t h e a u t h o r i t y of

Rabban

have the words "Yose bar". A son of R.

Gamliel and his colleagues."

[Cf. the

Simeon bar Abba is otherwise unknown

author's The Scholar's

Haggadah,

p.

The Rome manuscript does not

but the a t t r i b u t i o n is p o s s i b l e .

R.

280-281, and Seder Olam p. 248-250.]

Shelomo Cirillo has the r e a d i n g "R.

287

Yose in t h e name of R. Simeon bar

Mai. 3:10: "Bring the full tithe

into the (Temple) storehouse, so that

Abba."

there may be food in My House, test

289

Me in this," said the Eternal of Hosts,

the root nVa "to wear out."

mTin η : π on

Identifying the negation 'Va with

o n γ η - a >oi> r r > - > ç n ^ φ κ « u p t >? m n

i?N"! Njpj;\? n o

ropj ο od^V

ran ^V*

Ϊ 7 ί ο ψ > U N i > T T 8 η>ζΐψ DJ|7>N η ψ ν ψ o w ? r m i i ) l i n i » t j r i j p ì N r o f r r « .-ιηίΐΊ i"vy» N ì n n v p n h rfry) a>ri3i ν ι π π

.d>>j~) >i?V9>

(Pr. 23:22): "Be not c o n t e m p t u o u s because y o u r m o t h e r got old." Rebbi Y o s e bar A b u n said, if w o r d s of Torah b e c o m e old in y o u r m o u t h , d o not b e c o m e contemptuous about them.

W h a t is t h e r e a s o n ?

"Be n o t

c o n t e m p t u o u s because y o u r m o t h e r g o t old." Rebbi Zeira said, w h e n y o u r people g o t old, get up and repair it the w a y E l k a n a h did w h o instructed Israel in the pilgrimage for holidays. That is what is written: ( I S a m . 1:2) "This m a n w e n t up f r o m his t o w n 2 9 0 , etc." 290

This is explained in detail in

enlarged version of the Y e r u s h a l m i

Midrash Samuel 1:1 (which contains an

here to the end of the t r a c t a t e ) that

684

CHAPTER NINE

Elkanah went to Siloh four times a

every year he chose a different road to

year, three times for the three holidays

tell people to go to Shiloh for the

of pilgrimage and once for his private

holidays. A similar version is in Tanna

vow as explained in ISam. 1:2, and that

dbe Eliahu 1:8.

ny qtnin n a n ifl>p m n o

(foi. i4d) t n o j p i r o >an . t j r n i n n a n

ny

o > J i y i r n i J i n\¿nyn i i o > p >a-> o y n η » ρ > π >an

niwy^

IJOÌN > n v l a l i y p w >3*i >?ri .•>·>*? riiwyb n y qriniJi n a n N»y\? n o nriN"! n a p m r i n ) l i o y n n i n n ρ

ιηπ>

ninnri

n y q^-jiri n a n N n y u n o

.nn?

JVN*Ï ON

. D ^ D - i d ^ !?3p>3

(Ps. 1 1 9 : 1 2 6 ) "It is time to work f o r the Eternal, they violated Y o u r Torah." Rebbi Nathan inverts the verse: "They violated Y o u r T o r a h , it is time to work for the Eternal." Rebbi Hilqiah in the name of Rebbi Simon: He who restricts his Torah to fixed times breaches the covenant. W h a t is the reason? Eternal."

" T h e y v i o l a t e d Y o u r T o r a h , it is t i m e t o w o r k f o r t h e

It was stated:

Rebbi Simeon ben Y o h a i says:

If you see that

people have given up on Torah, get up and strengthen yourself in it and you will receive the reward of all of them.

W h a t is the reason?

"They

violated Y o u r Torah, it is time to work for the Eternal!"

n>n p i

.WÌ33 v m p i

ν η ρ ψ ysrr!

nyyii

.-115

n y ^ ? n o w n>n

í?y NA>?N >ONY NNINN UN JVN*I ON -IOÍN

NYRÇR!??? pi>> RYNS N^N ρ ύ > τ ι η NN

>3*) I O N

r o v >3*1 .οί>3ψ n i y y - t m n * i i r n y p > r j n s Λ» Ό· ΟΤ Ν ΤΤ ί "η ί Ν ^ Ν > 0 0 > 3· ί 1>Y>*3 τ τ τ I · ·

τ τ τ ·

.WÍÍD

DNÍ

D T N - ^ s 15 Τ

Τ

1•3V

.111

.ονιψ

>3"> θ γ > 3 "

•VW'3 N J i n Í N ^ Ν>>37?1 ν ι ο

Hillel the elder 2 9 1 used to say: When they collect, spread 2 9 2 . And when they spread, collect.

So Hillel used to say, if you see that the Torah is

beloved by Israel and e v e r y b o d y e n j o y s it, spread.

And if not, collect.

m.

HALAKHAH 7

Rebbi Eleazar said, just as the baby needs to suckle at all times of the day, so every Jew needs to exert himself in Torah all all times of the day. Rebbi Jonah in the name of Rebbi Yose ben Gezirah 2 9 3 , all small talk is bad but small talk of Torah is good.

All lies are good and the lies of

Torah are bad 294 . 291

This is Hillel, contemporary of

who reads Hebrew κ ' φ ΐ π "plowings."

Shammai and ancestor of the house of

Since the roots win ( A r a b i c ihn) "to

the Patriarchs.

The same sayings

plow" and win ( A r a b i c win) "to b e

appear in H e b r e w in Babli 63a and

silent" a r e identical in H e b r e w , b o t h

Tosephta 6:24.

authors give the interpretation" silence"

292

If people teach the select few,

also to t h e A r a m a i c e q u i v a l e n t 313.

you should teach only large masses, and

The author of 'En Yaaqoh reads K"313,

vice-versa.

"blessings." All these authors read first

293

An otherwise unknown Amora,

"bad" then "good" as in the preceding

but he might be identical with R. Yose

sentence; Rabbenu Jonah even quotes

Quzira, son-in-law of R. Yose ben Yose,

the

of the f o u r t h / f i f t h generation of Amo-

a l t e r n a t i v e r e a d i n g f o r "small talk."

raim in Galilee. [A similar statement

Many commentators write here that the

appears in Babli Hulin 89a in the name

sentence should be: All lies are bad and

of the earlier Galilean R. Isaac.]

the lies of Torah are good, referring to

294

This sentence is unintelligible.

lies such as E l i e z e r ' s w h e n he met

In the quotes of the sentence in works

Rebecca, first gave her gold rings and

of medieval authors, one f i n d s many

then inquired a f t e r her family but in

different versions. In the commentary

his recital to them p r e t e n d e d to first

sentence

about

silence

as

the

having asked about her family and only

reading is Aramaic K"313 "plowings"

a f t e r w a r d s given her the heavy gold

instead of K"3T3 "lies."

jewelry, to keep within accepted norms

of Rabbenu Jonah to Pirqe Avot,

T h i s has

s u p p o r t in t h e i n t r o d u c t i o n of R. Zerahiah Halevi to his Maör

D>)?V Nina n u

of behavior.

haqatan,

OÌ> η ί Γ Ο Ì N ^ p D>7>pQ J l ^ i p ? m lywi ini3>3n inisi N n ? > o p ι π ν

1 ? ή ? φ ύ >3*1 -IÇN .τρ^κ

686

CHAPTER NINE

Vi?irv|

nn

m -fèriy TV r i t o τη v m ? > ì p ^ a p n »0?

π ? ν π ψ IQ^ i o N>n

ι η ψ ν rm>m> n ^ N ì

invi

iv?

,v>>o ν ψ n t p rrç

. f t n w p m n j y v n j v r i Tb .-in*!?

toijm HD>in n r p n

Rebbi Simeon ben Laqish said: In a scroll of the pious 295 they found written: If you abandon me 2 9 6 for one day, I shall abandon you for two days. An example of two people who went, one f r o m Tiberias and one from Sepphoris, and met at a certain shelter. As soon as they parted and each one went one mil, they were separated two mil. Or a woman who sat and waited for a man. All the time that he intended to marry her, she sat and waited for him. When he put her out of his mind, she went and married another. 295

This kind of literature has not

been identified. It might be similar to

some of the Sadducee Qumran scrolls, 296

rii^n DNO n ^ i y ú w tynnypi i n s ni*

ini* nno*^

j i ì s o ΐ Ν ψ πψίν - ! i n n i rnvpy roiovp i m O f l ΡΝψ iiyaa

DIN

The Torah.

VN

γπ in?)?

' i i own >ari 1

jin

o>oy? π ψ ^ ψ 1>Nn

ϊοίρ

nnnN>i

Π>Π p")

l'iati

injpfl? m n p i i y i ^ a V^aJ?» w ì ó ? V ^ W ÌHÌK nia>j?£

:ρτι>£π oí»?

ION "ΪΉΨ NID .ìjiìn

03?? .02#n>i VNn>> pT>? .nììoan ϊϋ

in or»y

>>

iJi>>\?a

Γ φ π IOÌN ΪΌΠ p i ft

Nìn n m v m p n }

.omy

iiì*

ya"»*} .ηρΐΐ» >\?av>? nio

o ^ n j i n ."Till? ΊίΟίΟ

It was stated 297 in the name of Rebbi Meïr: There is no one in Israel who does not perform 100 commandments every day. He recites the Shema' and benedictions before and after, eats his bread and recites

687

HALAKHAH 7

benedictions before and after, prays 18 benedictions three times and then he performs other commandments and recites benedictions after them. Similarly, Rebbi Meir used to say: There is no man in Israel w h o is not surrounded by commandments: Tefillin mezuzah

on his head, tefillin

on his arm, a

on his door, circumcision in his flesh, and the four ziziot

of his

tallii surround him. That is what David said (Ps. 119:164): I praised You sevenfold every day for Your just laws 298 . And so it says (Ps. 34:8): The angel of the Eternal camps around those that fear H i m and rescues them 2 9 9 . When he 3 0 0 entered the bath house, he saw himself naked. said, w o e to me that I am stripped of commandmends.

He

When he looked

at his circumcision, he started to acclaim the Holy One, praise to Him (Ps. 12:1): For the director, on the eighth 3 0 1 , a song from David. 297

T o s e p h t a Menahot 6:24-25, a

12) must c o n s i d e r tefillin

as o n e

parallel to the e n t i r e p a r a g r a p h in

commandment. In Babli and Tosephta,

slightly different language. A parallel

circumcision is not counted, probably

in the Babli (Menahot 43b) has the

because the fact of circumcision goes

formulation that "every man in Israel is

to the credit of the parents, not the

obliged to recite 100 b e n e d i c t i o n s

baby, and, therefore, tefillin must count

every day." In the Yerushalmi and the

for two commandments.

Tosephta, not only benedictions a r e

299

counted but all religious deeds, and it

angel is created by the good deeds of

is asserted that the number 100 is

the person protected.

The implication being that the

reached automatically.

300

David.

298

301

Taken not as an eight-stringed

In order to end up with a count

of seven, the Y e r u s h a l m i (and t h e

harp but the commandment performed

Yerushalmi source Midrash

on the eighth day.

Tehillim

TUO .O^iVa Οί^ψ D>3-)0 D'BDD H ^ E

OW1

1ΠΝ

m.

CHAPTER NINE

Rebbi Eleazar said in the name of Rebbi Hanina 302 : The students of the Sages increase peace in the world. What is the reason? (Is. 54:13) "All your sons are students of the Eternal, and ample peace is for your sons." 302

A similar homily is in Babli 64a

as conclusion of the tractate; there, the expression "students of the sages"

means "rabbis" but here it genuinely means "students."

Indices

Index of Biographical Notes Abba bar Abba

18

Rav Abba bar Ablmi

648

Abbaye ben Rebbi Benjamin

451

Rav Abba bar Hana

Abdan

356

(Rav) Abba bar Jeremiah

188

Rav Ada bar Ahava (Ahawa)

103

Rav Aha bar Jacob Rav Cahana (II)

135 247

Rav Hamnuna

103

Bar Qappara Ben Zoma

135, 152 147

86

Gamliel the twin

489

(Rav) Hanan bar Abba

137

Ganiva Gedilah

323 274

Rav Hananei

399

Rav Hisda

99

Rav Hiyya bar Ashi

122

Rav Huna

126

Hillel

685

Rav Jehudah

160

Hizqiah

130

Rav Jeremiah (bar Abba)

Hiyya, son of Rav House of Rebbi Yannai

595 372

Rav Joseph Rav Matlanah Rav Meshirshia (Mesharshia)

81 123 227

Isaac bar Abba from Mehasia

501

Rav Nahman bar Ada

204

604

Rav Nahman (bar Jacob) Rav Samuel bar Shilat

353

Rav Sheshet

274

(R)Abba bar bar Hana

168, 596

274

(R)Abba bar Rav Huna

163

Hananiah ben Hananiah

Jacob from Kefar Naburaia Jeremiah the scribe

5

Joseph (Issi) ben Yehudah (Aqabiah) Joseph Hacohen

Rav Uqba bar Hama

Rebbi

44

160 525 382 187

53 59

Levi, cf. R. Levi bar Sisi

203

Rebbi Abba

Levi, the son of the Nazir

170

Rebbi Abba bar Aha

149

Rebbi Abba bar Cohen

275 578

Mar Uqba

101

Rebbi Abba bar Hana

Menahem from Gallia

384

Rebbi Abba bar Jeremiah

Rabba bar Mari Rabban Simeon bar Gamliel Rav

82

Rebbi Abba bar Kahana

246

267

Rebbi Abba bar Marnai

348

267

Rebbi Abba bar Pappus

9

Rebbi Abba bar Rebbi Pappaios

46 195

690

INDICES

Rebbi Abba bar Zamina Rebbi Abba bar Zavda Rebbi Abba from Carthage Rebbi Abbahu Rebbi Abba Mari Rebbi Abba Mari, brother of R. Yose

352 135, 202 371 165

Rebbi Abba the red Rebbi Abin bar Hiyya Rebbi Abin, Rabin Rebbi Abun Rebbi Abun bar Rebbi Hiyya Rebbi Ada from Caesarea Rebbi Aha Rebbi Aha bar Isaac Rebbi Ahai Rebbi Ahawa the son of Rebbi Zei'ra Rebbi Ammi the physician Rebbi Ammi, Immi Rebbi Aqiba Rebbi Rebbi Rebbi Rebbi

Rebbi Benjamin bar Yephet Rebbi Berekhiah Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi

Bibi Cahana Cohen Crispus Eleazar Eleazar Eleazar Eleazar Eleazar Eleazar Eleazar

bar Malkiah

bar ben ben bar ben ben

108

Rebbi Haggai Rebbi Halaphta ben Shaul

520 610

Rebbi Hama bar Hanina Rebbi Hama, father of Rebbi Oshaiah

165 73 122, 137 244 402 57 375 158

Assi, Yasa Avina Ayvu Azariah

Avina Antigonos Azariah Joseph Rebbi Hoshaia Rebbi Menahem

Rebbi Eleazar ben Rebbi Simeon Rebbi Eleazar ben Rebbi Yannai Rebbi Eleazar bar Zadoq Rebbi Eliezer (ben Hyrkanos) Rebbi Eliezer, son of Rebbi Yose the Galilean

Rebbi Eudaimon, brother of Rebbi Yose Rebbi Eudaimon of Haifa Rebbi Eudaimon of Sepphoris

406 187 76, 85 317 79 490 406 72 232 125 116 472 272 265 166 131 225 146 548 434 77 300 435 277 40 404

Rebbi Rebbi Rebbi Rebbi ben Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi ben

428 203, 353 375 202 134, 321 138 233 396 181 389

Hana Hanania Hananiah bar Pappus Hananiah (Hanina) Rebbi Ada Hanina Hanina bar Andrei Hanina bar Hama Hanina bar Pappai Hanina bar Sisai Hanina bar Yaqqo Hanina ben Dosa Hanina (Hananiah) Gamliel

114 53 62 71 171 493 652 422

Rebbi Hanina ben Rebbi Abbahuι Rebbi Hanina Eyntanaya Rebbi Hanina (Hananiah) the colleague of the Rebbis Rebbi Hanina Tortayya Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi

433 383 415 59

316 125 667 64 466 41,66 142, 272 241 57 462

Helbo Hilqiah Hinnena Hinena bar Isaac Hiyya (the Great) Hiyya bar Abba Hiyya bar Ada Hiyya bar Josef Hiyya bar Pappos 375 Hiyya of Sepphoris 57 Hizqiah 202 Hoshaiah 61,94 Huna Huna the older of Sepphoris 375 360 Huzpit 103, 194 Rebbi Idi

INDEX OF BIOGRAPHICAL NOTES

691 6

Rebbi Uaï, cf. Rebbi Lia

216

Rebbi Meir

Rebbi Isaac

370

Rebbi Miasha

Rebbi Isaac bar Eudaimon the old

431

Rebbi Muña (Mana)

162

Rebbi Isaac bar Mari

471

Rebbi Nahum

377

Rebbi Isaac bar Nahman

131

Rebbi Nahum ben Rebbi Simai

434

Rebbi Isaac ben Elyashiv

512

Rebbi Nasa

278

Rebbi Isaac ben Rebbi Eleazar

539

Rebbi Nathan bar Tobi

339

Rebbi Isaac Nappaha

474

Rebbi Nathan (the Babylonian)

232

Rebbi Isaac, son of Rebbi Hiyya

268

Rebbi Nehemiah

Rebbi Ismael Rebbi Jacob bar Abba

60 357

Rebbi Nehemiah from Emmaus Rebbi Nehoniah bar Haqanah

674

Rebbi Jacob bar Abbai

196

Rebbi Nehorai

633

Rebbi Jacob bar Abun

299

Rebbi Oshaiah (the Greai)

237

Rebbi Jacob bar Aha

191

Rebbi Phineas

77

Rebbi Jacob bar Idi

397

Rebbi Pinhas Hakohen bar Hama

46,

Rebbi Jacob ben Sisi Rebbi Jacob bar Zavdi

360 227

Rebbi Sabbatai

563

Rebbi Jacob from Kefar Hanan

426

135. 255

7 351

170 Rebbi Samuel

287

Rebbi Jacob the Southerner

51

Rebbi Samuel bar Eudaimon

285

Rebbi Jehudah

69

Rebbi Samuel bar Immi

466

Rebbi Jehudah ben Bathyra (II)

306

Rebbi Samuel bar Inia

135

Rebbi Jehudah ben Tema

303

Rebbi Samuel bar Nahmani (Nahman)

Rebbi Jehudah

81

ben R. Simon ben Pazi Rebbi Jehudah ben Rebbi Illai Rebbi Jehudah ben Simon Rebbi Jeremiah Rebbi Jonah Rebbi Jonathan

70

Rebbi Samuel bar Nathan

138

68

Rebbi Samuel bar Rav Isaac

221

31 135

Rebbi Samuel bar Sotar, Sosarta Rebbi Samuel the Cappadocian

63 230

103

Rebbi Samuel Tosephta

286

Rebbi Shammai

312

Rebbi Shila

399

Rebbi Simai

133

181,, 193

Rebbi Joshua (ben Hananiah)

5, 71 83

Rebbi Joshua ben Levi Rebbi Joshua ben Qorhah

Rebbi Simeon (bar Iohai)

Rebbi Joshua from Sikhnin

175 344

Rebbi Joshua the Southerner

446

Rebbi Simeon bar Halaphta

Rebbi Josia

306

Rebbi Simeon bar Zevid

245

Rebbi Judah bar Titus

303

Rebbi Simeon ben Rebbi Eleazar

262

Rebbi Justus ben Shunem

593 62

Rebbi Simeon ben Laqish

Rebbi Levi (Rebbi) Levi bar Sisi

203,, 246

Rebbi Lia, La, Illai Rebbi Mana Rebbi Mani (Mana II) Rebbi Marinos, Son of R. Oshaiah Rebbi Mattaniah

216 77,, 119 119 494 165

Rebbi Simeon bar Abba

Rebbi Simeon ben Yozadaq

83 113, 166 66

72 281

Rebbi Simeon, brother of R. Berekhiah

520

Rebbi Simeon the pious

583 397

Rebbi Simlai Rebbi Simon

313 62

Rebbi Simeon, son of the Nazir

692

INDICES

Rebbi Tanhum (Tanhuma bar Abba)

417

Rebbi Tanhuma Rebbi Tanhuma Edreya Rebbi Tanhum bar Hanina

55 425

(Hanilaï) Rebbi Tanhum bar Rebbi Tanhum bar Rebbi Tanhum ben Rebbi Tanhum ben Rebbi Tarphon Rebbi Tavyome Rebbi Thaddeus Rebbi Ulla Rebbi Uri

387 533 467

Jeremiah Yudan Hiyya Rebbi Hiyya

186 114 112 161 505 445 159

Rebbi Vivian

562

Rebbi Rebbi Rebbi Rebbi Rebbi

Yannai Yannai ben Rebbi Ismael Yannai the younger Yasa, Assi Yehudah bar Abba

177 372

Rebbi Rebbi Rebbi Rebbi Rebbi

Yehudah ben Baba Yehudah bar Zebidah Yehudah bar Simon Yehudah Nesia Yirmeiah

Rebbi Yohanan Rebbi Yohanan ben Zakkai Rebbi Rebbi Rebbi Rebbi

Yohanan from Karzion Yose (bar Halaphta) Yose (ben Zabida) Yose bar bar Cahana

Rebbi Rebbi Rebbi Rebbi

Yose Yose Yose Yose

bar bar bar ben

Abun Jacob Simon bar Abba Nahorai

270 164 335 335 124 581 602 44 44 3 586 55 42 567 49 649 683 660

Rebbi Yose ben Gezira (Quzira) Rebbi Yose ben Rebbi Halaphta Rebbi Yose ben Rebbi Hanina Rebbi Yose ben Shaul Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi Rebbi

Yose ben Yose Yose from Sidon Yose the Galilean Yudan Yudan Antordiyya Yudan bar Rebbi Ismael Yudan bar Pelaiah Yudan bar Shalom Yudan from Cappadocia Yudan Migdalaio

Rebbi Rebbi Rebbi Rebbi Rebbi

Yudan, son of Rebbi Ayvu Zakkai (I) Zeïra Zeriqan Yasa (Assi)

Samuel Samuel Minor Samuel bar Shilat Simeon ben Shetah Simon Kamataria Symmachos bar Joseph

685 7, 237 235 522 307 380 281,404 108 345 364 670 637 352 640 406 316 44 182 164 123 442 525 528 638 160 86

Tanna Yehudah ben Pappos

253

Zakkai (I) Zeïra ben Hinena Zeiri

315 408 169

Index of Biblical Quotations Gen. 1:1

605

I

1:14

643

|

2:1-4

72

1:6

69

I

1:26-27

606

I

2:10

69

INDEX OF BIBLICAL QUOTATIONS Gen. 16:11 11:2 17:15 17:19 18:1 19:15 19:23 23:13 24:63 28:11 30:21,24 35:10 41:44 42:5 43:3 48:16 Ex. 2:15 4:11 12:8 12:10 12:29 13:9-10 15:10 15:16 17:21 18:4 20:24 22:18 22:19 23:2 23:24

153 341 152 153 333 64 59,64 369 332 332 662 154 456 534 59 369 611 612 93 59 93 183, 289 608 393 333 6:11 386 301 624 87

24:12 38:23 39:3

516 458 370 69

Lev. 1:4-5

82

5:2-4 5:17-19 19:24

50 48 456 40 40.59 649

22:6 22:7 27:18 32:5

90

Num. 15:37 15:39 15:41 28:3 28:4

174 97 174 337

Deut. 4:7

619

4:8 4:32 6:4 6:5 6:6 6:7 6:8 6:9 7:2 8:10 10:17 11:13 11:19 11:20 11:21 13:2 16:3 17:11 22:1-3.6-8 22:9 23:6 32:3 33:23 Jos. 6:5 6:23 7:11 22:22 24:19 Jud. 6:12 6:24 7:19 18:30

623 lSam. 1:13 2:10 9:13

328, 329, 610 371 516

333

609.612 605 39,289 39 39 39,109,159, 173,405 39 39.290 625 290,516 538 174 184,288 632 69 114 146 114 291 456 416 516 546 626 388 681 607 608 681 186 75 639,640

2Sam. 7:12 15:32 17:27

171 371 18

IK. 6:17

392

8:28

385 392

8:30 8:44 8:54

17:20 18:1

391,392 132 393 640 153 424 424 424

2K. 2:11 3:15

405 76

4:10

388

Is. 6:2 6:10 10:34 10:35 11:1 14:23 26:19

549 207

9:3 13:1 13:2 17:1

27:3 29:23-24 38:2 40:2 40:17 40:22 43:18-19 44:27

515 212 212 601 425 652 207 388 405 620 67,72 154 341

458 46:7

651 609

52:10

608 688

54:13

694

INDICES

Is. 55:6 56:7

413 392

2:11 16:2

57:16 65:24

636 377

20:2

66:20 66:24

413

Jer. 4:19 10:10 18:6 23:7-8 27:16,18 25:30 31:12 32:18 50:12 51:29 51:39 51:49 51:64 Ez. 1:7 8:16 18:32

405 388 121,174 661 154 332 632 416 538 644 632 623 341 405 63 391

43:8 44:20

193 388 20

Hosea 5:19

393

Joel 3:5

614,615,616

Micah 2:11 7:8

114 63

Jonah 2:8 2:11

636 613

Zach. 6:12

212

14:5 Mai. 2:5 3:10 Ps. 2:1

632 137,330 681 367

19:5 20:20 24:21 28:6 29:1 29:2 29:3 29:10-11 30:12-13 33:6 35:10 42:8 47:9 50:23 55:18 57:9 58:4 60:8 65:2 68:25 68:27

4:10 456 82

134:1-3 134:2 145:1

63 82 602

82 367

146:5-6 148:14

618

Prov. 8:27

67 414 193 622 612 624 177,192 171 612 121

456 377,385 368 410 368 213 416 405 330,367 650 608 214 328 76 153 608 603 608 530 538 608 413

68:36 77:14 81:1 102:1 332,385,610 103:20-21 63 632 104:32 105:44 150 106:2 603 332 106:30 112:2 663 204 113:3 204 114:1 204 115:1 204 116:1 118:27-28 119:62 119:126 119:148 122:1 122:8

204 75 684 75 171 620

8:34-35 9:5 11:7 11:8 15:25 17:5 21:3 21:18 23:26 Job 21:14 29:8 36:27 37:18 37:20 37:23 38:36

620

67 168 649 71,72 603 603 626

Cant. 7:5 7:10

612 170

Lament. 5:21

405

Eccl. 4:17 9:4

679 622 90

10:6 Esther 2:21 4:2 6:11-12

66 679 66

8:15-16 9:27

66 204,681

Dan. 3:14

613 328 614

6:11 6:23 7:16

63

INDEX OF BIBLICAL QUOTATIONS Dan 9:4 9:5

538 680

7:63-65 8:6

9:14 Neh. 4:15

19 538 120

45,46

Index

695 153 392 617

Greek and Latin Words

άβάσκαντα Αλέξανδρος άνάκλιτα ανθύπατος απειλών άργαπέτης άριστον αρχιτέκτων άρχων ασθενής

626 616 263 419 633 216 331 607 251 231

βασιλεύς

607

δήλωμα δημόσιος διαθήκη δισάκκιον δόμος

66 299 426 319 217

είκών επαρχία έπικάρσιον Ευδαίμων

265 618 203

μερίς

276

ήμίονος ήμισυς

580 580

νάρθηξ νεκρός νόμος

425 132 419

ζήτω

500

θέατρον θερμασία Θέρμος θεσαυρός

631

ξενία ξένος

383 619

δρυζα δχλος

473 612

ίασις ιδιώτης

500 255

καθέδρα Καλλιρρόη καματηρός κάρρον, κάρρος κεντρόω κεφαλωτός κινάρα κόλλιξ κοσμικός κοσμοκράτωρ κραβάτιον κρουσμός κυρηβία

497 352 638 421 181 484 480

λευκός ληστής λιμήν λίτρα

479 637 618 262

249 480 625 251,616 308 249

181

181

464 641

696

INDICES

πανδοκεΐον παράκλητος περίοδος πίλινος πίναξ πλατεία

315 337 626 187 641 421

conditum conditura Crlspus

492 171 264

decalicator delaiorius dimissio diploma tarius dupondius

506 107 668 115 591

ράπτω

395

σημαντήριον στήλη στρατηγός σύγκλητος σφέκλη σχεδία σχολαστικός

115 321 589 641 635 395 365

faecaria funda

635 676

Justus

593

legiones

373

τηγανον τιμή Τρύφων τύπος

317 604 504 143

Marinus Mercurius moretum mulus

494 600 471 591

φανός φιλόσοφος

585 620

olearii olens olentia

χάραξ

663

Augustus

607

balnea bulla

492 473

Caesar Caesarea cannula cascus cibarius circus collare comes compendiarium

607 569 666 471 480 631 320,539 641 54

181 501 87,501

patronus

612

pileus

187

quaestionarius

612

saltus semita situs specularla spiculum strata subsellium Tiberias Titus triclinium

420 307 342 585 669 54 319,497 558 303 316

697

GENERAL INDEX

General Index Abegg, M. G. Abraham ben David, R.

2 427,576,577, 665 Albeck, H. 27 Alexander Severus 9,10 Alfassi 21,22,427,514,623 Arukh

115,480,488,502,531,629,631, 634

Ascari, R. E.

30,104,145,190,218, 234,458,678 Ashkenazi Hebrew 36 Ashkenazi, R. S. Y. 30 Ben Habib, R. M. Ben Jehudah, E. Ben-Asher, M. Benvenist, R. J. Brand, Y. Brüll, J. Caro, R. J. Cirillo, R. S. Constantine Cubit Demai Dialectics Diocletian Diqduqe Soferim Dmdm Dor, Ζ. M. Dusk Eiger, R. Α. Eliahu Wilna, R. Eliezer ben Joel, R. Elijah, Prophet Epstein, J. N.

100,104,145, 148,502 242 37 30 321 66 561 29,145,172,412,683 11 99,318 508 16 10 406 341 27 57 83 30,98 51,80,449, 568 58 27

Ettinger, R. M. Z. Eusebius

31 430

Finkelstein, L. 362 Five Kinds 477 Fleischer, E. 145,157,398,444,519 Fleischer, H. L. 217 Fraenkel, R. D. 30,672 Frankel, Ζ. 27,30,35,37,51,66, 95,191,198,203,262,273,450,459, 672 678 Fulda, R. E. 29,450,672 Gaonim 401 Gershom, Rabbenu 21 Gezerah Sawah 65 Ginzberg, L. 32,35,135,190,242, 265,268,297,299,347,354,384 Hagahot Maimuniot Hat Gaon, R.

51 21,45,198,302, 492,600,629

Halakhot Gedolot Hollah Hananel, Rabbenu Hand-breadth Havdalah Hazzan Hermes

563 21,51,74,492 317 423 269,452 601

Ibn al Haytham Ibn Ezra, A. Ibn Janah Impurity Impurity, derivative Isseries, R. M.

53 631 631 560,562,571 408 561

Jabneh Jacob David of Stuck, R. Jastrow, M.

97,406.461

4 31 273

698

INDICES

Jonah Gerondi, R.

130,256,406, 509,685 8

Josephus Flavius Kohut, A. Kolbo Krasilscikov, R. I. E. Krauss, S. Kutscher, Y.

101,115 665 31 480 201

Levy, D. (Taz) 282 Levy, J. 66,273,320,472,480,488 Lewy, R. I. 31 Lieberman, S. 14,31,35,146,472, 523,565,598,605,642 Livorno Standard 36 Log 296 Low, I. 480 Lisowsky, G. 518 Maämad Maharsha Maharshal Mahzor Vitry Maimonides

127 23 23 6,378 21,92,104,138,152,

210,256,262,290,474,478,575 Mantel, H. 2 Marcus Aurelius 5 Margalit, R. M. 30,100,503,533,599 Mekhilta 7,8 Menorat Hammoor 406 Mil 55,56,68 Minhah, half of 327 Moon, Orbit 53 36,141 Morag, S. Morning Hind Mussaphia Nachmanides Nahardea Nathanson, R. J. S. Nazir Nellah

64 115 53,233,256,268,290, 427 5 31 528 343

Niniveh Nisibis Nissim Gerondi, R.

430 306 51,427

Odenathus Oppenheimer, R. D.

10 294

Parasang Pardo, R. D. Parthenios Peles, I. M. Perles, J. Pharisees Philo Place Qab Qéri Qeroba Quartarius

55,68 574 471 224 488 2 8 332 89.220,296 295 135 315

Rabbinowicz, R. 23,623 Rashba (R. Shelomo ben Adrat) 104, 121,157,194,238,350 Rashbam (R. Semuel ben Meïr) 557, 558 Rashed, R. 53 Rashi 21,92,114,286,311,406,472, 484,492,568,575 Ratner, D. B. 31 40 Red Heifer 24, Rosh (R. Asher ben Yehiel) 97,262,312,3 50,509,600,623 Saadia Gaon, R. Sadducees Salted Samaritans Samuel Hannagid Savoraë Schwab, M. Seah Seder Olam Seder Tanna'im waAmora'im

378 2 502 507 517 17 31 296 7 6

GENERAL INDEX Sefer Hamanhig Septimius Severus Seven Kinds Shechter, E. Sherira Gaon, Letter Shofar blowing Sibbole Halleqet Sifra Sifry Simson of Sens, R. Small Minhah Surah Tanna Theodosius I Tithe Tosa phot Tosephta

129 S 460,490 27,32 9 164 452 7 7 517,574 43 283 86 11 507 21 7

699

Ursacinus

419

Vergil

471

Wacholder, Β. Ζ. Yadin, Y.

2 117

Yalqut (Shim oni) Yelin, A. L. Yeruham ben Meshullam, R. Yerushalmi book YHWH Yospe Shammash, R.

578,615 31,556 178 28 44 224

Zerahiah Halevi, R. Ziani, R. E. Zimer, 1. Zohar

427,685 27 224 213

ELISABETH H A M A C H E R

Gershom Scholem und die Allgemeine Religionsgeschichte 1999. 22 χ 15 cm. X, 370 Seiten. Leinen. D M 1 9 8 - / ö S 1445,-/sFr 176,-/approx. U S $ 116.00 • I S B N 3-11-016356-X (Religionsgeschichtliche Versuche und Vorarbeiten 45) MB Ü 1

Eine Untersuchung von Scholems Werk im Lichte der älteren religionsphänomenologischen Theorien über das Wesen der Religion und die Gesetze der Religionsgeschichte.

Aus dem Inhalt: „Buber vs. Scholem" und andere Kontroversen Der „Schafspelz des Philologen" Allgemeine Religionsgeschichte in der Weimarer Republik Scholems "„Wesensbestimmung" der jüdischen Mystik Die „Stadien der Religionsgeschichte" Die mystische Erfahrung Das religiöse Bewußtsein.

Preisänderungen vorbehalten

WAI TER D E G R U Y T E R G M B H & C O K G Genthiner Straße 13 · D - 1 0 7 8 5 Berlin Tel. +49 (0)30 2 6 0 0 5 - 0

\ Λ / V

F a x + 4 9 10)30 2 6 0 0 5 - 2 5 1 Internet: www.deGruvter.de

V

D E

. ϋ θ

\ J

Berlin

„ G r u y t e r N e w York

Paul Tillich · Main Works / Hauptwerke Volume 3/Band 3: Writings in Social Philosophy and Ethics / Sozialphilosophische und ethische Schriften Herausgeber: Erdmann Sturm 1998. 23 χ 15,5 cm. VI, 712 Seiten. Leinen. D M 298,-/öS 2175,-/sFr 265,-/approx. US$ 186.00 • ISBN 3-11-011537-9 Textkritische Edition der wichtigsten sozialphilosophischen und ethischen Schriften Paul Tiliichs. Kollationierung der Erstveröffentlichung durch Paul Tillich. Eine Einleitung fuhrt in das Sachgebiet des Bandes ein. Ediert werden u.a. „Der Sozialismus als Kirchenfrage", „Masse und Geist", „Das Problem der Macht", „Die sozialistische Entscheidung", „Love, Power and Justice", „Morality and Beyond". Der Herausgeber ist Professor ftir Evangelische Theologie und ihre Didaktik (Systematische Theologie und Religionspädagogik) an der Evangelisch-Theologischen Fakultät der Universität Münster. Mit Band 3 ist die Edition der sechsbändigen Hauptwerke abgeschlossen.

Bisher erschienen: Band 1 : Philosophical Writings / Philosophische Schriften Herausgeber: Gunther Wenz 1989. XIV, 424 Seiten. D M 149,-/öS 1088,-/sFr 133 -/approx. US$ 93.00 • ISBN 3-11-011533-6 Band 2: Writings in the Philosophy of Culture / Kulturphilosophische Schriften Herausgeber: Michael Palmer 1990. XIV, 380 Seiten. D M 146,-/öS 1066,-/sFr 130,-/approx. US$ 91.00 • ISBN 3-11-011535-2 Band 4: Writings in the Philosophy of Religion / Religionsphilosophische Schriften Herausgeber: John Clayton 1987. IV, 422 Seiten. D M 131,-/öS 956,-/sFr 117,-/approx. US$ 82.00 • ISBN 3-11-011342-2 Band 5: Writings on Religion / Religiöse Schriften Herausgeber: Robert P. Scharlemann 1988. XVI, 3 2 5 Seiten. D M 109,-/öS 796,-/sFr 97,-/approx. U S $ 6 8 . 0 0 • ISBN 3-11-011541-7 Band 6: Theological Writings / Theologische Schriften Herausgeber: Gert Hummel 1992. XIV, 446 Seiten. D M 187,-/öS 1365,-/sFr 166,-/approx. US$ 117.00 • ISBN 3-11-011539-5 Preisänderungen vorbehalten

WAITH* DK GRUYTF.R GMBH & « ) Centhincr Strafe 15 . D -10785 Berlin Tel. +49 tO.iiO 1 60 05-0 far , g| ;
¡W

LG

DR

de Gruyter Berlin • New York