Talmud do Edujot 2:14

MISHNAH: For a grain stack under which gleanings were not collected, all ears that touch the ground are for the poor¹Since gleanings cannot be taken from under the stack, the farmer robbed the poor by not letting them search before he used that space. He is punished by an extreme application of the principle that “gleanings in doubt belong to the poor.”. If the wind dispersed any sheaves²In this case, the farmer has the obvious right to rake the dispersed stalks together. But thereby he also takes the gleanings for the poor and has to make up for this., one estimates what amount of gleanings that would have yielded, and he gives that to the poor. Rabban Simeon ben Gamliel says, he gives to the poor the average fall³Which has been determined once and for all and is explained in the Halakhah..

Rebbi Joḥanan said, Rebbi Yose, Rebbi Ismael and Rebbi Joḥanan ben Nuri, all three said the same thing. Rebbi Ismael, as we have stated¹³Mishnah Idiut 2:4, of the statements about accepted practices collected when Rabban Gamliel was deposed and R. Eleazar ben Azariah was installed as patriarch. The garden is a small plot, on each side a vine is planted and their branches are trained over a trellis. For a situation comparable to the one here one has to assume that plot and trellis are enclosed by a fence ten hand-breadths high.: “About a small garden surrounded by a trellis, if there is room for the vintner and his basket on each side one may sow there, if not, it may not be sown.” Rebbi Jonah said, the vintner requires one cubit, his basket one cubit on each side. They wanted to say, for him who says one measures from the roots of the vine, all is in order. For him who says one measures from the bottom of the fence, do the stems not diminish the measure of four cubits¹⁴If one measures two cubits from each side of the stem of thickness t the distance of the end of the forbidden domain from the fence will be 4+t > 4 and R. Ismael cannot agree with R. Joḥanan ben Nuri that as soon as the distance is > 4 there are only isolated vines.? Explain it if they were clinging to the wall. But are there not only four and the rules of the trellis start with five? Rebbi Ḥananiah said, explain it that two vines are planted at a corner; if one stretches a rope one sees four intervals¹⁵There are two possible interpretations of this statement. The traditional one is that there is a single vine on each side and an additional one planted at one corner for a total of six. But in that case, there are five intervals; in addition, the comparison between the opinions of R. Jose and R. Ismael would not work! R. Ḥananiah must insist that the rules of trellis do not depend on the number of vines but on the number of spaces between them. In a linear order, for four spaces one needs five vines. But in a circular arrangement, four vines define four intervals. I prefer to read the statement as: “Any two vines form a corner, for a total of four intervals.”. Rebbi Yose, as we have stated¹⁶Mishnah 5:4.: “If there are less than four cubits one should not bring seeds there.” For him who says one measures from the roots of the vine, all is in order. For him who says one measures from the bottom of the fence, does the stem not decrease the measure of four cubits? Explain it if it was clinging to the wall. And similarly Rebbi Joḥanan ben Nuri here. It is reasonable to assume that Rebbi Yose and Rebbi Ismael will agree with Rebbi Joḥanan ben Nuri, but Rebbi Joḥanan ben Nuri will not agree with Rebbi Yose and Rebbi Ismael¹⁷R. Joḥanan ben Nuri might not agree that vines not planted in a straight line, even if strung on a trellis, ever need four cubits. But R. Yose and R. Ismael must agree that in the case of the Mishnah, the first four cubits are forbidden. R. Yose has to agree with R. Ismael since he requires four cubits even if the vines do not form a regular pattern, but we have no statement of R. Ismael if the stems of the vines do not form a square or at least a parallelogram.. Rebbi Yose will agree with Rebbi Ismael but Rebbi Ismael will not agree with Rebbi Yose.

One may make honeywine³⁹οἰνόμελι, -ίτος, τό. on the Sabbath. Rebbi Yasa in the name of Rebbi Joḥanan: wine, honey, and pepper⁴⁰This is repeated in Chapter 20.. Rebbi Yasa in the name of Rebbi Joḥanan: one is permitted to mix but forbidden to grind. Rebbi Yasa in the name of Rebbi Joḥanan: Anything for mixing is permitted, for grinding is forbidden. But do we not deal here with mixing⁴¹There seems to be no reason to forbid making brine of the Sabbath.? Rebbi Jehudah ben Titus, Rebbi Jehudah ben Pazi, Simeon bar Abba in the name of Rebbi Joḥanan: there is a difference here since it is completion of production⁴²The prohibition has nothing to do with the rules of the preparation of food. Sine it was stated earlier that making brine is professional, completing the process is “hitting with a hammer.”. Rebbi Abbahu in the name of Rebbi Joḥanan: one is permitted to break but forbidden to assemble⁴³One may break food apart but one may not put it together so that it becomes a new item. For example, one may not make a fig cake or string figs out of individual figs (Maimonides Šabbat 8:6).. Rebbi Abbahu in the name of Rebbi Joḥanan: ground garlic. If it needed grinding it is forbidden, but if to mix into fat it is permitted⁴⁴Grinding garlic as garlic is forbidden, grating garlic into fat is permitted.. There, we have stated⁴⁵Mishnah Idiut 2:6, Tosephta Idiut 1:9.: “About garlic, unripe grapes, and grain kernels which he squashed when it was still daylight, Rebbi Ismael used to say, he should finish after nightfall, Rebbi Aqiba said, he may not finish.” Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: they disagreed only about profane food. “The Cohanim for heave used to follow Rebbi Ismael⁴⁶Tosephta Idiut 1:9..”

There, we have stated⁶⁸Mishnah Idiut2:5, missing the introduction, that R. Ismael did not indicate his position regarding the difference between the anonymous Tanna and R. Eleazar ben R. Ṣadoq.: “About rural pans⁶⁹Pans made of unfired clay with cover attached., that they are pure in a tent with a corpse⁷⁰A clay vessel cannot become impure from the outside. A clay vessel which does not have a cavity is immune to impurity (Mishnah Kelim2:7). Since the unused rural pan is totally closed, it is immune to the impurity of the dead by biblical decree, Num. 19:15. but impure if carried by a person afflicted with gonorrhea⁷¹Any implement moved by a sufferer from gonorrhea is severely impure, Lev. 15:10, even if the sufferer never touches the implement and moves it on a flat piece of wood (or clay) impervious to impurity.. Rebbi Eleazar ben Rebbi Ṣadoq says, even if carried by a person afflicted with gonorrhea they are pure since their production was not finished⁷²He holds that as long as the cover is not separated from the pan the manufacturing process is not finished and therefore the composite is not an implement to which the rules of impurity may apply..” It turns out that the minority opinion here corresponds to the majority opinion there and the minority opinion there corresponds to the majority opinion here⁷³R. Eleazar ben R. Sadoq must agree that separating cover from pot is “hitting with hammer”. Rabban Simeon ben Gamliel must agree that the unopened clay vessel is an implement and subject to impurity by being moved..

MISHNAH: Everybody is acceptable to write the bill of divorce, even an insane, a deaf-and-dumb, or a minor¹¹⁴As explained in the Halakha, they may write only the formulaic text which does not have to be written specifically for the divorcing couple. This justifies the inclusion of the deaf-and-dumb.. The wife may write her bill of divorce¹¹⁵She has to hand the completed bill to her husband who must have it signed by the witnesses and return it to her in front of witnesses. and a man his receipt¹¹⁶The debtor who pays his debt may present the creditor with a receipt which the latter signs. The text of the receipt does not have to be in the creditor's hand., for the certification of the bill of divorce is only effected by its signatures. Everybody is acceptable to bring the bill of divorce except an insane, a deaf-and-dumb, a minor, a blind person¹¹⁷It is explained in the Babli that the blind person is disqualified only for bills of divorce transported across the border since he cannot affirm that he saw its writing and signing., or a Gentile.¹¹⁸Since the rules of divorce are biblical, they can be fulfilled only by a person subject to the biblical rules.

Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there⁵⁹Mishnah Idiut 2:7, formulated as testimony in R. Aqiba’s court in the name of R. Eliezer.: “Participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is that statement in Sanhedrin Rebbi Eliezer’s⁶⁰If this represents a minority opinion, it should have been labelled as such.? He told him, it is everybody’s opinion. ⁶¹There is a sentence missing here. found in Roš Haššanah: What is meant by “it is everybody’s opinion? That is what R. Yose meant to say:”. It makes clear that one refers to the statement of the Amora R. Yose. The entire discussion does not refer to the Mishnah in Sanhedrin but the one in Roš Haššanah. The text in Roš Haššanah has to be considered as the original. So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he⁶²The witnesses mentioned in the Mishnah Roš Haššanah. come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated⁶³Mishnah Roš Haššanah 1:10.: “This is the principle: Any testimony for which a woman is not qualified, they⁶⁴The people disqualified in Mishnah Sanhedrin 3:6. are not qualified for.” Who stated this? The rabbis⁶⁵In the anonymous Mishnah.! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Huna⁶⁶In Roš Haššanah: R. Jonah. In Ševuot: R. Huna. in the name of Rav Huna said: It follows Rebbi Eliezer in everything. It turns out that this disagreement⁶⁷R. Eliezer and the rabbis, R. Meïr and R. Yose (the Tanna). parallels another disagreement, as it was stated⁶⁸Tosephta Makkot 1:11, in the name of R. Jehudah (student of R. Eliezer’s student.): A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meïr. Rebbi Yose said, when has this been said? When he was found perjured in criminal matters. But if he was found perjured in money matters, he is disqualified only from that particular testimony. It turns out that Rebbi Yose parallels the rabbis and Rebbi Meïr Rebbi Eliezer.

There, we have stated⁵⁷⁶Mishnah Idiut 2:9.: “The father bestows on his son beauty, strength, riches, wisdom, and years.” From where beauty? “May Your deeds appear on Your servants, and Your glory on their sons.⁵⁷⁷Ps. 90:16.” Strength, “strong on earth will be his descendants.⁵⁷⁸Ps. 112:2.” Riches, “I was young and became old, but never saw a just man abandoned and his descendants in need of bread.⁵⁷⁹Ps. 37:25.” Wisdom, “you shall teach your sons to argue about them.⁵⁶⁹Deut. 11:19. Cf. Berakhot 2:3. Note 110, where the verse is quoted to show that daughters do not have to be instructed in Torah (Babli 29b).” Years, “that your and your sons’ days be many.⁵⁸⁰Deut. 11:21.” And just as he inherits five qualities, so he owes him the following five things. He feeds him, he gives him to drink, he clothes him, he puts on his shoes, he leads him⁵⁸¹Peah 1:1, Note 119; Babli 31b.. That is what is written⁵⁸²2S. 3:29.: “This should fall on Joab’s head: sufferer from flux and from skin disease, holding the distaff, falling by the sword, and senseless.⁵⁸³This is a slip of the pen; later it is quoted in the language of the verse, “without bread”.” Sufferer from flux, weak. From skin disease, abandoned⁵⁸⁴Cf. Lev. 13:46.. Holding the distaff, uneducated. Falling by the sword, short lived. Without bread, poor. ⁵⁸⁵The Babylonian version is in the Babli, Sanhedrin 48b, and Num.rabba23(13). When Solomon came to kill Joab, he said to him: Your father gave me five sentences; accept them and I can be killed. He accepted them and all of them came to pass on the House of David. Sufferer from flux was Rehabeam: “King Rehabeam with difficulty climbed on his chariot to flee to Jerusalem;⁵⁸⁶1K. 12:18.” some say, he suffered from flux; some say, he was weak. Suffering from skin disease was Uziahu: “King Uziahu suffered from skin disease until the day of his death⁵⁸⁷2Chr. 26:21..” Holding the distaff was Joash: “They punished Joash⁵⁸⁸2Chr. 24:24..” Rebbi Ismael stated: ⁵⁸⁹Mekhilta dR.Ismael,Amaleq 1; Tanḥuma Bešallaḥ 25 This teaches that they gave him over to hardened hoodlums who had never known a woman and they raped him the way women are raped. That is what is written: “Israel’s pride will testify against it,⁵⁹⁰Hos. 5:5, repunctuating עָנָה to עִנָּה.” Israel’s pride will be raped in its face. Falling by the sword, this is Josiah, as is written: “The archers shot at king Josia,⁵⁹¹2Chr. 35:23. In the text: הַיֹּרִים.” and Rebbi Joḥanan said, this teaches that they made his body like a sieve⁵⁹²Babli Mo‘ed qaṭan 28b; Thr.rabbati on 1:18.. Rebbi Ismael stated: 300 arrows were shot at the Eternal’s anointed. Without bread, that is Jehoiachin: “And his meal, a permanent meal was given to him,⁵⁹³2K. 25:30. He never had any money of his own. A completely different interpretation of the verse in Midrash Shemuel 18(5)..”

Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there³⁰⁵Mishnah Idiut2:7, formulated as testimony in R. Aqiba’s court in the name of R. Eliezer.: “Two in the name of Rebbi Eliezer. A woman may go out with a city of gold³⁰⁶On the Sabbath a woman may go into the public domain wearing a golden diadem depicting the walls of a city. This is classified as jewelery which is standard clothing for a woman., and participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is the entire statement in Sanhedrin Rebbi Eliezer’s³⁰⁷If Mishnah Sanhedrin3:6 represents a minority opinion, it should have been labelled as such.? He told him, it is everybody’s opinion. What means “it is everybody’s opinion”? ³⁰⁸Here starts the discussion of the Mishnah in Roš Haššanah… So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he³⁰⁹One of the witnesses mentioned in the Mishnah Roš Haššanah. come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “any testimony for which a woman is not qualified, they are not qualified.” Who stated this? The rabbis³¹⁰Since the Mishnah is anonymous.! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Jonah in the name of Rav Huna: It follows Rebbi Eliezer in everything. It turns out that this disagreement³¹¹R. Eliezer and the rabbis, R. Meïr and R. Yose (the Tanna). parallels another disagreement, as it was stated³¹²Tosephta Makkot1:11, in the name of R. Jehudah (student of R. Eliezer’s student.): “A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meïr. Rebbi Yose said, when? If he was found perjured in criminal matters. But if he was found perjured in money matters, he is suspect in money matters and disqualified in money matters.” It turns out that Rebbi Yose parallels the rabbis and Rebbi Meïr Rebbi Eliezer.