Talmud sur Middot 4:1

HALAKHAH: ²⁵For this and the following paragraphs there exists a reasonably complete Genizah text (G) edited by L. Ginzberg (שרידי ירושלמי New York 1909 p. 62). A slightly garbled parallel is in Ševuot 1:1, explained there in Notes 5–20. The Notes here are restricted to references and short explanations.“Export on the Sabbath,” etc. What means “two which are four”? Two which are four for liability and two which are four for no liability, or four for liability and four for no liability? Let us hear from the following²⁶Mishnah Ševuot 1:1.: “There are two kinds of oaths which are four kinds.” Rebbi Abba said, there all are about liability, but here we come to state both liability and no liability²⁷For R. Abba, there is a difference between the Mishnaiot in Šabbat and Ševuot in that in the case here at least one person involved always is not liable whereas in Ševuot only one person is mentioned and all cases are of liability. For R. Yose, the parallel is only that of Mishnaiot 1–2, not 3–4. Each Mishnah describes two cases of liability; these are two covering in all four cases of liability as in Ševuot 1:1.. This implies four of liability and four of no liability. Rebbi Yose said, the Mishnah says so, “there are two kinds of oaths which are four kinds,” not because of liability? And similarly, “there are two kinds of export on the Sabbath which are four kinds,” because there is liability. But was it not stated²⁸Mishnah Middot 4:1. The Mishnah is purely descriptive of the construction of Herod’s Temple; the notions of liability or no liability are inappropriate., “the doors of the Temple hall were two which are four?” Can you say, liability and no liability? Should we state twelve cases of no liability²⁹There are four cases in the Mishnah where one party is liable and the other is not involved. Then there are four cases in which both parties are involved but nobody is criminally liable. One might construct another four cases where nobody is liable; e. g., if the poor man reaches into the house, picks something up, which the householder then takes from his hand and deposits outside.? We only come to state cases of no liability which correspond to cases of liability. Rebbi Ḥiyya bar Abba said, what is this “no liability” which we stated here? Permitted³⁰Since in Mishnaiot 1–2 only one person acts, it is inappropriate to apply the label “not liable” to the other person. Babli 2b/3a.! Rebbi Yose said, the poor man and the rich man are one but the Sages counted them as two. Bringing in or taking out are one but the Sages counted them as two³¹In G, Ševuot 1:1, editio princeps, and a quote in RITBA Ševuot 1:1: “Taking out or bringing in are two but the Sages counted them as one.” As noted later in this paragraph, taking out is called work by Jeremiah (which cannot be used as a legal text but is confirmation of the interpretation of the law) whereas bringing in is only forbidden by the argument that taking out from A to B is bringing in to B from A.. Taking out on the Sabbath does not include bringing in; if one exports from one domain to the other, does this not include the one who imports? Let us hear from the following, as Rebbi Yasa said in the name if Rebbi Joḥanan: Somebody who brings in half the size of a dried fig and takes out half the size of a dried fig is liable³²Even an intrinsic liability can be prosecuted only if a minimal amount was transported, which for food is determined as the size of a dried fig (Chapters 7–8). Since taking out and bringing in small quantities are to be combined, taking out and bringing in are representatives of one and the same action, viz., transporting.. And from where that taking out is called work? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan³³In Ševuot 1:1 and the Babli (6b): R. Joḥanan; quoted without attribution by R. Ḥananel Šabbat 3b; in a number of Medieval sources R. Jonathan. understood it from the following³⁴Ex. 36:6. Babli 96a.: Moses ordered, they made a public proclamation in the camp as follows, men or women should no longer do work to contribute to the sanctuary. The people refrained from taking objects out from their houses to give them to the collectors. Rebbi Ḥizqiah³⁵Missing in Ševuot. In G, R, Aḥa in the name or R. Ila; in Sefer Haˋittim (ed. Mekize Nirdamim p. 300) R. Aḥa in the name of R. Ḥiyya. In Sefer Miṣwot Gadol #65, (part 1, fol. 17a in Venice edition) R. Ḥiyya in the name of R. Aḥa. in the name of Rebbi Ila: You even understand bringing in from this. Just as the people refrained from taking objects out of their houses to give to the collectors so the collectors did not accept anything from them to bring into the office. Rebbi Ḥizqiah in the name of Rebbi Aḥa understood everything from the following³⁶Jer. 17:22.: do not bring out any load from your houses on the Sabbath day, and perform no work.