Talmud su Berakhot 2:13

MISHNAH: Five [persons] cannot give heave and if they gave it is not heave: the deaf and dumb¹He is excluded only if he has no way of communicating with others., the insane, the minor, and one who gives heave from what is not his. The Gentile who gave heave for a Jew’s property, even with the latter’s authorization his heave is not heave²But a Gentile may voluntarily donate heave from his own produce..
A deaf person who speaks but cannot hear should not give heave, but if he did, his heave is heave. A “deaf person” mentioned anywhere by the Sages is a deaf-mute.
Rebbi Jehudah says, the heave given by a minor who has not yet grown two pubic hairs is heave. Rebbi Yose says, before he came to the time of vows¹⁰⁵Mishnah Niddah 5:6: “The vows of a girl 11 years and one day of age are investigated (one inquires whether she understands the notion and severity of vows; if she does, her vows are valid.) If she is 12 years and one day old, her vows are prima facie valid but one investigates them during all of her thirteenth year. The vows of a boy 12 years and one day old are investigated; if he is 13 years and one day old, his vows are prima facie valid but one investigates them during all of his fourteenth year. Before that time, even if they say we know before Whom we made the vow and to Whom we dedicated a sacrifice, their vows are not vows and their dedications not dedications.” According to Rashi, “the time of vows” is when the vows are investigated; according to Maimonides [in his Code (Nedarim 11:3) and in the first and third versions of his Mishnah Commentary] it is the time when all vows are automatically valid. {Rashi’s opinion and the similar one of Maimonides in the second version of his Commentary are the only ones compatible with the Yerushalmi; Maimonides’s other opinion can be justified by the Babli, Niddah 46b–47a.}, his heave is not heave. After he has reached the time of vows, his heave is heave.

HALAKHAH: “If somebody said ‘I am a nazir’ and another person heard it and said, ‘and so am I’,” etc. So is the Mishnah: “and so am I”, “and so am I”⁶This version has only two people responding, with most of the Babli and some Mishnah mss. The paragraph is discussed in detail by J. N. Epstein, ²מבוא לנוסח המשנה, p. 477–479.. Who is the Tanna of conjunctions? Rebbi Jehudah⁷He holds that there is a connection between the statements only if they are formulated as conjunctions; cf. Chapter 1:2, Note 40, Giṭṭin 9:7, Notes 85–101.. But following Rebbi Meïr, “I am,” “I am”. Does the Mishnah require that all of them follow immediately after the speaking of the first⁸If the number of additional nezirim is reduced to 2, is that because both A₂ and A₃ refer to the original vow, not that A₃ refers to that of A₂? In that case, there would not be time for three additional people to express their vow if the rule at the end of the paragraph be followed.? It was stated⁹The same baraita is quoted in the Babli, 21a, for the same conclusion.: If the middle one was permitted, all following him are permitted, all preceding him are forbidden¹⁰This is only possible if A_i+1 refers to A_i’s vow, not to A₁’s. Therefore, the original text of the Mishnah is correct and essential.. The Mishnah applies even if not all of them follow immediately after the speaking of the first, but each one follows immediately after the speaking of the preceding person¹¹This is explicit in Tosephta 3:2: “If somebody said ‘I am a nazir’ and another said ‘so am I’ but not immediately after him, the first is forbidden but the second is permitted.”. What means “to follow immediately after the speaking”? ¹²Berakhot 2:1 (Notes 50–52), Moʻed qaṭan 3:7 (83c 1. 37). Babli 20b, Makkot 6a, Baba qama 73b, Šebuot 32a. In the Babli, the longer version has an additional word: “peace upon you, my teacher and master.” Rebbi Simon in the name of Rebbi Joshua ben Levi: The time needed for greeting between two people. Abba bar bar Ḥana in the name of Rebbi Joḥanan: The time needed for greeting between teacher and student, that he say to him, “peace upon you, my master.”

HALAKHAH: ““He who finds tefillin,” etc. “He who finds tefillin¹Phylacteries, to be worn on weekdays, one on the arm and one on the head. Since they contain passages of Torah (Ex. 13:1–10, 11–16; Deut. 6:4–9, 11:13–21), they are holy and may not be left unprotected lying in the open on the road. Since the rule that phylacteries are muqṣeh and not to be worn on the Sabbath is rabbinic, in case of need the rabbinic restriction is waved; the tefillin may be worn as clothing; bringing them to a safe place in this way is a meritorious act, not a Sabbath desecration. brings them in pair by pair;” as clothing, one on his head and one on his arm. “Rabban Gamliel says, two by two²Even though on weekdays one never wears tefillin this way, since it is possible to wear two pairs simultaneously it is preferable to reduce the number of trips, i. e., the number of violations of rabbinic Sabbath restrictions.,” two on his head and two on his arm.

¹⁵A parallel is in Taaniot 1:6 (64c line 37), ו. The Taaniot text is reproduced by Tosaphoti Taanit 13a, s. v. אמר.“Washing”. Rebbi Zeˋurah bar Ḥama, [Rebbi Yose ben Rebbi Ḥanina.] in the name of Rebbi Joshua ben Levi: On a public fast day¹⁶A fast day called to pray for rain in a year of drought. one washes as usual his face, hands, and feet. On the Ninth of Av¹⁷The fast instituted to mourn the destruction of the Temple. one washes his hands and moves them over his face. On the day of Atonement one washes his hands, dries them with a towel, and moves the towel over his face. Rebbi Jonah moistened a rag and put it under the water pitcher¹⁸He soaked the rag before the start of the Day of Atonement, squeezed it and let it dry somewhat during the night so that the next morning it should be somewhat moist but not dripping.. But did we not state that there is no difference between a public fast and the Ninth of Av except the prohibition of work at places where they were used to it¹⁹There were places where the community had adopted the rule that one did not work on the Ninth of Av. Nowhere was this extended to fast days in years of drought.? If somebody was going²⁰On a day where washing was rabbinically forbidden. Babli 77b; Tosephta 4:5, to his teacher or to his daughter and crossed a lake or a river he does not worry²¹No rabbinic prohibition was violated... If his feet were dirtied he immerses them in water and does not worry. Rebbi Abba instructed following this Tanna. Rebbi Aḥa instructed that one who comes from the road and his feet are dulled, he may wash them in water. It was stated: A mourner and one in the ban²²Any weekday of the year, the mourner and the person in the ban are forbidden to wear leather shoes. The person in the ban has to follow these rules if he ever wants to have the ban lifted. Babli Moˋed qaṭan 15b. on a trip are permitted leather shoes. When they come to the town they shall take them off. The same applies to a public fast and the Ninth of Av²³For everybody..

“Dates when they start to become bloated.” Rebbi Ḥiyya bar Abba said, when the indentation is straightened out⁶⁰If the shape of the date is convex all around.. Rebbi Jonah asked: How do we hold? If the indentation is straightened out, it is wind-fall⁶¹A normal date is concave around the pedicle. If it is bloated there also, is it unsound and not food.! If the pit can be separated, it is fully ripe⁶²In that case, one does not need a special rule.! The rabbis from Caesarea say, when they are ready to be eaten.

¹⁰⁹Tosephta 1:12, Babli Sanhedrin48a.“It was stated in the name of Rebbi Nathan: From the excess of monies collected for a particular dead he builds a memorial on his grave or perfume^109aThis is the corrector’s text, following B. The scibe wrote זלח, a root not otherwise recorded in rabbinic Hebrew or Aramaic. his bier. It was stated, one does not redeem a kidnap victim for another kidnap victim¹¹⁰Monies collected for a particular prisoner should not be used to redeem another, but in cases of urgent need the hands of the administrators are not tied by this rule. and one does not collect a stole for a stole¹¹¹If clothing is collected for a particular person, he should be given exactly what was collected for him., but one does not restrict the power of the administrators of charity in this.” It was stated, Rabban Simeon ben Gamliel says, one does not build mausoleums for the just; their words are their remembrance¹¹²Gen. rabba82(11)..

Rebbi Joḥanan said, all these 40 days which Moses spent on the Mountain, he studied Torah and forgot it. At the end it was given to him as a gift. Why so much? To return the stupid ones²⁷¹To encourage people who do not understand a subject to return to study; they can always hope that at the end the understanding will be given to them in their sleep. The argument would be better if addressed to scientists who fail to solve a problem; if they persevere they have the hope to finally receive the answer from Heaven in their sleep..

It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash^222aThe derivation of a consistent corpus of rules and laws from biblical verses. “Torah” here includes all of the Hebrew Bible., practices, and homiletics, greeting, and working. ²²²This text is copied in Berakhot 2:7 (Notes277–293,ב). Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened²²³A close relative died. to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba²²⁴He did not want to permit himself to bathe, so he asked a colleague (and sometimes student). who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen²²⁵The reasonable text is ב: He sent R. Abba bar Cohen (a very minor figure) to R. Aḥa, person of stature almost equal to R. Yose himself. who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish²²⁶It is not known whether these are two different decisions by two different authorities, in which case they constitute precedent to be followed, or one decision reported in different ways and open to discussion.. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow²²⁷One has to follow the reading common to G (which restarts here) and ב: They permit and they forbid, in which case none of their statements can serve as precedent. and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral²²⁸In the interpretation of Nahmanides (Writings, ed. Chavel, p. 175–176) this is not a general permission to bathe during the Seven days but only a sanitary prescription strictly referring to the aftermath of the burial., one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die²²⁹In case of scab this is a hyperbola but it means that all medically indicated ablutions are permitted during the Seven days.? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur²³⁰Even though the standards of medical necessity are different in the various cases.. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission²³¹An involuntary emission of semen which pollutes and requires immersion in a miqweh., they did not know whether it was to cool down because bathing in cold water is not called bathing²³²For the rules of mourning only warm baths are prohibited.. Rebbi Abba bar Cohen instructed following this statement²³³That cold bathing is permitted during the Seven. Babli Ta`anit 13a,13b..

Rebbi Abba in the name of Rav Jehudah: if it was made like half a bagel³²⁰If a Mezuzah is written in calligraphy in the shape of half-circles one inside the other then the inner arcs are shorter than the outer ones and contain fewer words.. The uppermost line under which are two others must contain at least three words, the middle one two, the lowest one even [on the] earth³²¹Deut. 11:21. The addition by the corrector clearly has to be deleted.. Rebbi Ze`ira in the name of Rav Ḥisda: if it was made like a double flute<sup>322</sup>Greek συμφωνία. It is \_/-shaped, having the two mouth pieces close together but the bodies of the flutes diverging., the uppermost line under which are two others must contain at least three words, the lowest two. The middle one I do not know<sup>323</sup>Whether it need 2 or 3 words. Therefore 3 certainly are sufficient. The Babli Menaḥot 30b quotes the first Tanna as R. Yose (whom Babylonian practice follows), the second one as R. Jehudah’s.. Rebbi Jeremiah said it: Rebbi Ze`ira in the name of Rav Ḥisda; Rebbi Jonah and Rebbi Yose both say, Rebbi Ze`ura in the name of Ashian bar Nidba; the colleagues say, Rebbi Ze`ira in the name of Rav Ḥananel. If the ink comes out of the holes it is disqualified. What does he do? He licks it off with his tongue and it jells³²³Whether it need 2 or 3 words. Therefore 3 certainly are sufficient. The Babli Menaḥot 30b quotes the first Tanna as R. Yose (whom Babylonian practice follows), the second one as R. Jehudah’s.. If he made an error and omitted the Name. There are Tannaim who state, he suspends the Name. There are Tannaim who state, he erases the profane, writes the Name, and suspends the profane³²⁴If there is a hole in the leather or parchment which is visible once the ink has dried, the letter is incomplete and disqualified. But if the ink when dry covers the hole completely so that the reader will not notice the hole, it is qualified. Babli Šabbat 108a.. Rebbi Ze`ira, Rav Ḥananel in the name of Rav: practice follows him who says, he erases the profane, writes the Name, and suspends the profane. Rebbi Ze`ira, Rav Ḥananel in the name of Rav: but if it was like I am the Eternal your God³²⁵Num. 15:41. it is permitted. Why? Because these are three words or because part of it is profane? What is the difference between them? God, Highest Power, Eternal³²⁶Jos. 22:22. The situation does not occur in the Pentateuch.. If you are saying because they are three words, they are three words. If you are saying, because part of it is profane, nothing there is profane. For the Eternal is questionable, by the Eternal is questionable³²⁷Since it will be stated later that prefixes of the Name may be erased while suffixes may not, the question is whether an erasable prefix has the same status as a profane word preceding the Name..

Gamliel the Twin was supporting²⁶⁰In this paragraph, the second person mentioned always is the authority who in walking leans upon one of his students. A comparison with other occurrences shows that מיסתמיך ב means “was supporting” but מיסתמיך על is “leaning on.” Rebbi Simeon ben Laqish. They came to this statue. He asked him, may we pass in front of it? He said, pass by it and blind its eye²⁶¹One “blinds the eye” of the idol by passing by it without taking any notice of it and the idol sees that it is not taken seriously.. Rebbi Isaac bar Mattanah was supporting Rebbi Joḥanan. They came to the statue of the city council²⁶²Greek βουλή. In Tiberias this probably was a statue of divus Tiberius. He asked him, may we pass in front of it? He said, pass by it and blind its eye. Rebbi Jacob bar Idi was supporting Rebbi Joshua ben Levi. They came to the statue of Herod²⁶³In Moˋed qatan 3:7 the spelling is as here. In Berakhot 2:1 (Note 57) אהדורי, in Šeqalim 2:6 ארורא, in Midrash Shemuel 19[4], ed. Buber Note 17, הרודיס, in Yalqut Šemuel # 124 הרודוס. The last two readings “Herod” seem to be the correct one.. He told him, Naḥum the most holy man¹⁷Sanhedrin 10:6 Note 335, Megillah 1:13 (72b l. 57) 3:3 (74a l. 39); Babli Šabbat 118b, Pesaḥim 104a. passed by it and you do not want to pass by? Pass by it and blind its eye!