Eduyot 2

רַבִּי חֲנִינָא סְגַן הַכֹּהֲנִים הֵעִיד אַרְבָּעָה דְבָרִים. מִימֵיהֶם שֶׁל כֹּהֲנִים לֹא נִמְנְעוּ מִלִּשְׂרֹף אֶת הַבָּשָׂר שֶׁנִּטְמָא בִּוְלַד הַטֻּמְאָה עִם הַבָּשָׂר שֶׁנִּטְמָא בְּאַב הַטֻּמְאָה, אַף עַל פִּי שֶׁמּוֹסִיפִין טֻמְאָה עַל טֻמְאָתוֹ. הוֹסִיף רַבִּי עֲקִיבָא, מִימֵיהֶם שֶׁל כֹּהֲנִים לֹא נִמְנְעוּ מִלְּהַדְלִיק אֶת הַשֶּׁמֶן שֶׁנִּפְסַל בִּטְבוּל יוֹם בְּנֵר שֶׁנִּטְמָא בִטְמֵא מֵת, אַף עַל פִּי שֶׁמּוֹסִיפִין טֻמְאָה עַל טֻמְאָתוֹ:

R. Chanina, the adjutant high-priest, testified as to four things: In all the days of the Cohanim they did not refrain from burning flesh that had become tamei through the "offspring" (velad) of tumah together with flesh that had become tamei through an av hatumah (proto["father"]-tumah,) even though they thereby added tumah to its tumah. [("offspring":) velad of velad is meant, i.e., flesh of third-degree tumah, having become tamei through a velad of a velad, having touched second-degree tumah and become third-degree tumah. They did not refrain from burning it together with flesh that had become tamei through an av hatumah (and had thus become first-degree tumah). And when this flesh, which in the beginning had been third-degree tumah, touches the flesh which had touched the av hatumah, it becomes second-degree tumah, having touched first-degree tumah. It is found, then, that tumah has been added to its tumah, it first having been third-degree, and now being second-degree — in spite of which they did not refrain from burning it together with a higher degree of tumah. For since this lesser degree is also to be burnt they were not concerned if it thereby became a higher degree of tumah. And even though, according to the Torah, food does not render other foods tamei¸ it being written in this regard: "It is tamei" — it is tamei, but it does not render tamei food like it — still, the Rabbis decreed that food does render other food unclean.]

אָמַר רַבִּי חֲנִינָא סְגַן הַכֹּהֲנִים, מִיָּמַי לֹא רָאִיתִי עוֹר יוֹצֵא לְבֵית הַשְּׂרֵפָה. אָמַר רַבִּי עֲקִיבָא, מִדְּבָרָיו לָמַדְנוּ, שֶׁהַמַּפְשִׁיט אֶת הַבְּכוֹר וְנִמְצָא טְרֵפָה, שֶׁיֵּאוֹתוּ הַכֹּהֲנִים בְּעוֹרוֹ. וַחֲכָמִים אוֹמְרִים, לֹא רָאִינוּ אֵינוֹ רְאָיָה, אֶלָּא יוֹצֵא לְבֵית הַשְּׂרֵפָה:

R. Chanina, the adjutant high-priest, testified: In all of my days I never saw the hide (of a bechor [a first-born animal]) going out to the burning site [after it had been flayed, if it were found to be treifah, even though the p'sul (the disqualifying factor) were in it before the flaying — since it was not recognized until after the flaying]. R. Akiva said: From his words we learn that if one flays a bechor and it is found to be a treifah, the Cohanim may enjoy its hide, and it is not burned. [R. Akiva comes to let us hear that even a blemished bechor, which is slaughtered outside of the sanctuary because of its blemish, the Torah (not having allowed it to be sacrificed but) only to be eaten, it being written (Deuteronomy 15:21): "In your gates (i.e., outside of the sanctuary) shall you eat it" — if it died, its hide is forbidden and it requires burial. And R. Akiva apprised us that when its being a treifah is not recognized until after it is flayed, its shechitah and its flaying permits its hide as if its blood had been sprinkled in the sanctuary.] The sages say: "We have not seen" is no proof [i.e., perhaps it never happened in his days that it was found to be treifah after flaying, and if it happened and they burned it, he did not see it]; but it goes out to the burning site.

אַף הוּא הֵעִיד עַל כְּפָר שֶׁהָיָה בְצַד יְרוּשָׁלַיִם, וְהָיָה בוֹ זָקֵן אֶחָד וְהָיָה מַלְוֶה לְכָל בְּנֵי הַכְּפָר וְכוֹתֵב בִּכְתַב יָדוֹ וַאֲחֵרִים חוֹתְמִים, וּבָא מַעֲשֶׂה לִפְנֵי חֲכָמִים וְהִתִּירוּ. לְפִי דַרְכְּךָ אַתָּה לָמֵד, שֶׁהָאִשָּׁה כּוֹתֶבֶת אֶת גִּטָּהּ וְהָאִישׁ כּוֹתֵב אֶת שׁוֹבְרוֹ, שֶׁאֵין קִיּוּם הַגֵּט אֶלָּא בְחוֹתְמָיו. וְעַל מַחַט שֶׁנִּמְצֵאת בַּבָּשָׂר, שֶׁהַסַּכִּין וְהַיָּדַיִם טְהוֹרוֹת, וְהַבָּשָׂר טָמֵא. וְאִם נִמְצֵאת בַּפֶּרֶשׁ, הַכֹּל טָהוֹר:

He, too, [R. Chanina, the adjutant high-priest,] testified about a small village near Jerusalem where there was an old man who lent (money) to all the men of the village and wrote with his own hand a note of indebtedness [on the borrower], and others signed [i.e., kosher witnesses signed the note]; and it (a case of such a note) came before the sages and they permitted it, [even though the writer of the note was the lender and an "interested party."] Correspondingly, you learn that a woman writes her get (bill of divorce) [and kosher witnesses sign], and a man writes his receipt, [a note of "waiving," his wife waiving her kethubah payments.] For there is no authorization of a get except by its signatures [i.e., the witnesses signed on the get are the essential cause of the confirmation of the get. Therefore, when kosher witnesses sign it, it is kosher, even though it is written by the woman.]

שְׁלֹשָׁה דְבָרִים אָמַר רַבִּי יִשְׁמָעֵאל לִפְנֵי חֲכָמִים בַּכֶּרֶם בְּיַבְנֶה. עַל בֵּיצָה טְרוּפָה שֶׁהִיא נְתוּנָה עַל גַּבֵּי יָרָק שֶׁל תְּרוּמָה, שֶׁהִיא חִבּוּר. וְאִם הָיְתָה כְמִין כּוֹבַע, אֵינָהּ חִבּוּר. וְעַל שִׁבֹּלֶת שֶׁבַּקָּצִיר וְרֹאשָׁהּ מַגִּיעַ לַקָּמָה, אִם נִקְצְרָה עִם הַקָּמָה, הֲרֵי הִיא שֶׁל בַּעַל הַבַּיִת, וְאִם לָאו, הֲרֵי הִיא שֶׁל עֲנִיִּים. וְעַל גִּנָּה קְטַנָּה שֶׁהִיא מֻקֶּפֶת עָרִיס, אִם יֶשׁ בָּהּ כִּמְלֹא בוֹצֵר וְסַלּוֹ מִכָּאן וּמְלֹא בוֹצֵר וְסַלּוֹ מִכָּאן, תִּזָּרֵעַ. וְאִם לָאו, לֹא תִזָּרֵעַ:

R. Yishmael said three things before the sages in Kerem Beyavneh [The sages used to sit in rows, like a vineyard (kerem) planted row on row of vines]: (He said) about a scrambled egg [in a pot, the white being intermixed with the yoke], placed over a green of terumah, that it is considered chibbur ("connection"). [i.e., If a tevul yom touches the egg, even though it is chullin (i.e., non-terumah), terumah not obtaining with an egg, and a tevul yom not invalidating chullin, still it is considered "chibbur" (a connection of the egg with the green) and the green is invalidated as if he had touched it.] And if it were like a dome [i.e., If the egg had "swollen" and become like a dome over the green (nothing intervening between it and the green)], it is not chibbur.

שְׁלֹשָׁה דְבָרִים אָמְרוּ לִפְנֵי רַבִּי יִשְׁמָעֵאל, וְלֹא אָמַר בָּהֶם לֹא אִסּוּר וְהֶתֵּר, וּפֵרְשָׁן רַבִּי יְהוֹשֻׁעַ בֶּן מַתְיָא. הַמֵּפִיס מֻרְסָא בְּשַׁבָּת, אִם לַעֲשׂוֹת לָהּ פֶּה, חַיָּב, וְאִם לְהוֹצִיא מִמֶּנָּה לֵחָה, פָּטוּר. וְעַל הַצָּד נָחָשׁ בַּשַּׁבָּת, אִם מִתְעַסֵּק שֶׁלֹּא יִשְּׁכֶנּוּ, פָּטוּר, וְאִם לִרְפוּאָה, חַיָּב. וְעַל לְפָסִין אִירוֹנִיּוֹת, שֶׁהֵם טְהוֹרוֹת בְּאֹהֶל הַמֵּת וּטְמֵאוֹת בְּמַשָּׂא הַזָּב. רַבִּי אֶלְעָזָר בֶּן צָדוֹק אוֹמֵר, אַף בְּמַשָּׂא הַזָּב, טְהוֹרוֹת, מִפְּנֵי שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן:

Three questions were asked before R. Yishmael, and he did not rule "forbidden" or "permitted," and R. Yehoshua b. Matiya explicated them [i.e., when, liable; and when, not liable]: puncturing an abscess on the Sabbath — if to make an opening for it, he is liable [for "boneh" ("building")]; and if to remove pus from it, he is not liable. [For it is "a labor that is not needed for its own sake", (the labor being the opening.) And this (abscess) does not require an opening henceforward, so that only a rabbinic issur obtains, which, because of the pain factor was not decreed. He is, therefore, not liable, and it is permitted.]

שְׁלֹשָׁה דְבָרִים אָמַר רַבִּי יִשְׁמָעֵאל וְלֹא הוֹדָה לוֹ רַבִּי עֲקִיבָא. הַשּׁוּם וְהַבֹּסֶר וְהַמְּלִילוֹת שֶׁרִסְּקָן מִבְּעוֹד יוֹם, שֶׁרַבִּי יִשְׁמָעֵאל אוֹמֵר, יִגְמֹר מִשֶּׁתֶּחְשָׁךְ, וְרַבִּי עֲקִיבָא אוֹמֵר, לֹא יִגְמֹר:

Three items were mentioned by R. Yishmael, and R. Akiva did not concur with him, viz.: Garlic, unripe grapes, and unripe ears, which were weighted [with stones] on the eve of Sabbath [so that their juice run from them to be dipped in (on Sabbath)] — R. Yishmael says: [since he has weighted and crushed them before Sabbath,] he may finish [and eat them] after dark, [on the Sabbath. And these are not like juices that flowed (from fruits), which are forbidden (to be eaten on the Sabbath) lest he come to squeeze (the fruit). For here, even if he does squeeze it, he does not transgress a Torah issur, since the juice flows out, of itself.] And R. Akiva sys: He may not finish, [in order to eat it after he sanctified the day, for they are forbidden like all juices that have flowed out (of fruits). The halachah is in accordance with R. Yishmael.]

שְׁלֹשָׁה דְבָרִים אָמְרוּ לִפְנֵי רַבִּי עֲקִיבָא, שְׁנַיִם מִשּׁוּם רַבִּי אֱלִיעֶזֶר וְאֶחָד מִשּׁוּם רַבִּי יְהוֹשֻׁעַ. שְׁנַיִם מִשּׁוּם רַבִּי אֱלִיעֶזֶר, יוֹצֵאת אִשָּׁה בְעִיר שֶׁל זָהָב, וּמַפְרִיחֵי יוֹנִים פְּסוּלִים לְעֵדוּת. וְאֶחָד מִשּׁוּם רַבִּי יְהוֹשֻׁעַ, הַשֶּׁרֶץ בְּפִי חֻלְדָּה וּמְהַלֶּכֶת עַל גַּבֵּי כִכָּרוֹת שֶׁל תְּרוּמָה, סָפֵק נָגַע סָפֵק לֹא נָגַע, סְפֵקוֹ טָהוֹר:

Three things were said before R. Akiva, two by R. Eliezer and one by R. Yehoshua. Two by R. Eliezer: A woman may walk out (on the Sabbath) with "a golden city" [a golden crown in the form of the city of Jerusalem; and we do not fear that she may take it off and show it to someone and come to carry it four amoth in the public domain]. And (he said): Pigeon-flyers are unacceptable as witnesses. ["pigeon-flyers" — "gamers," i.e., If your pigeon beats my pigeon, I will give you this and this." Or, one who trains a pigeon to divert other pigeons to his coop, (which is "theft" vis-à-vis "the ways of peace" (darkei shalom), but not actual theft)].

שְׁלֹשָׁה דְבָרִים אָמַר רַבִּי עֲקִיבָא, עַל שְׁנַיִם הוֹדוּ לוֹ וְעַל אֶחָד לֹא הוֹדוּ לוֹ. עַל סַנְדָּל שֶׁל סַיָּדִים, שֶׁהוּא טָמֵא מִדְרָס. וְעַל שְׁיָרֵי תַנּוּר אַרְבָּעָה, שֶׁהָיוּ אוֹמְרִים שְׁלֹשָׁה. וְהוֹדוּ לוֹ. וְעַל אֶחָד לֹא הוֹדוּ לוֹ, עַל כִּסֵּא שֶׁנִּטְּלוּ שְׁנַיִם מֵחִפּוּיָיו זֶה בְּצַד זֶה, שֶׁרַבִּי עֲקִיבָא מְטַמֵּא וַחֲכָמִים מְטַהֲרִין:

R. Akiva said three things. About two, they (the sages) concurred with him; about one, they did not concur with him. (He said) about the shoe of those who work in lime [(The lime workers wore wooden shoes to protect their feet from being burnt by the lime)], that it (the shoe) contracts midras ("treading"-) uncleanliness [if worn by a zav]. And (he said) about what was left of an oven [that was very large and became tamei and was afterwards broken, that it does not become tahor unless what was left over was less than] four [(tefachim) in height. (An "oven" in the Mishnah was made like a big pot without a bottom, connected with clay to the ground, which was its "bottom.")] For they (the sages) (originally) had said ("less than) three," and (now) they concurred with him.

הוּא הָיָה אוֹמֵר, הָאָב זוֹכֶה לַבֵּן, בַּנּוֹי, וּבַכֹּחַ, וּבָעֹשֶׁר, וּבַחָכְמָה, וּבַשָּׁנִים, וּבְמִסְפַּר הַדּוֹרוֹת לְפָנָיו, וְהוּא הַקֵּץ, שֶׁנֶּאֱמַר (ישעיה מא) קֹרֵא הַדֹּרוֹת מֵרֹאשׁ, אַף עַל פִּי שֶׁנֶּאֱמַר (בראשית טו), וַעֲבָדוּם וְעִנּוּ אֹתָם אַרְבַּע מֵאוֹת שָׁנָה, וְנֶאֱמַר (שם), וְדוֹר רְבִיעִי יָשׁוּבוּ הֵנָּה:

He [R. Akiva] was wont to say: A father endows his son with beauty, strength, wealth, wisdom, and years [i.e., long life. Because the nature of the son is likely to be similar to that of the father, from the beginning of his creation he is endowed with beauty, strength, wisdom, and years; and wealth is bequeathed him by his father. To me, the Mishnah seems to mean that if a man merits it, his sons come to acquire all of these things], and (he endows him) with the number of generations before him. [Sometimes, the Holy One Blessed be He assures the father that He will grant some favor to his children in the third or fourth generation, and it is the father's merit that secures that favor for his children]; and that is the "ketz" ("ending"). [i.e., that is the meaning of the "ketz" assigned by the Holy One Blessed be He to arrive at a certain time or at a certain generation], as in (Isaiah 41:4): "He calls out the generations from the beginning." Even though it is written (Genesis 15:3): "And they will serve them, and they will afflict them four hundred years," it is written (afterwards, Ibid. 16): "And the fourth generation will return here." [so that the number of generations, which is "the fourth generation," is the ketz of the "four hundred years" (referred to above).]

אַף הוּא הָיָה אוֹמֵר, חֲמִשָּׁה דְבָרִים שֶׁל שְׁנֵים עָשָׂר חֹדֶשׁ. מִשְׁפַּט דּוֹר הַמַּבּוּל, שְׁנֵים עָשָׂר חֹדֶשׁ. מִשְׁפַּט אִיּוֹב, שְׁנֵים עָשָׂר חֹדֶשׁ. מִשְׁפַּט הַמִּצְרִיִּים, שְׁנֵים עָשָׂר חֹדֶשׁ. מִשְׁפַּט גּוֹג וּמָגוֹג לֶעָתִיד לָבֹא, שְׁנֵים עָשָׂר חֹדֶשׁ. מִשְׁפַּט רְשָׁעִים בְּגֵיהִנֹּם, שְׁנֵים עָשָׂר חֹדֶשׁ, שֶׁנֶּאֱמַר (ישעיה סו), וְהָיָה מִדֵּי חֹדֶשׁ בְּחָדְשׁוֹ. רַבִּי יוֹחָנָן בֶּן נוּרִי אוֹמֵר, מִן הַפֶּסַח וְעַד הָעֲצֶרֶת, שֶׁנֶּאֱמַר וּמִדֵּי שַׁבָּת בְּשַׁבַּתּוֹ:

He [R. Akiva] was also wont to mention five things as being of twelve months duration: the judgment of the generation of the flood — twelve months. The judgment of the Egyptians — twelve months. The judgment of Job — twelve months. The judgment of Gog and Magog in time to come — twelve months. The judgment of the wicked in Gehinnom — twelve months, viz. (Isaiah 6:23): "And it shall be, from the month [of his death] until its month" [one year later in Gehinnom, that he will come (from Gehinnom) to bow down before the L rd.] R. Yochanan b. Nuri says: [He will be in Gehinnom] from Pesach [i.e., the first day of Pesach, which is called "Sabbath," it being written (Leviticus 23:15): "And you shall count for yourselves from the morrow of the Sabbath, etc."] until Atzereth [(Leviticus, Ibid.) "the morrow of the seventh week"], viz. (Isaiah, Ibid.): "and from the Sabbath [(the first day of Pesach)] in its Sabbath (Atzereth)."