The Jerusalem Talmud Fisrt Order Zeraim

THE JERUSALEM TALMUD
FIRST ORDER: ZERAÏM

TRACTATE BERAKHOT
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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
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FIRST ORDER: ZERAÏM
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TRACTATE BERAKHOT
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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 permis-
sion 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. The Përushim or
1 Cf. H. Mantel, The Secession of the Samaritans. 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 Dead
Sea Scrolls, Biblical Archeological Society, Washington D.C., 1995.
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
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.
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.
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
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
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

(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. Generation

60-80 First Rabban Yohanan ben Z a k k a i
Destruction of the Temple in 71
80-110 Second Rebbis Eliezer and Joshua, Rabban Gamliel
110-138 Third Rebbis Aqiba and Ismael
Bar Kokhba revolt crushed in 138, persecution of Jewish faith
(138 )200 Fourth Rebbis Meïr and Yehudah, Rabban Simeon ben
Gamliel
200-220 Fifth Rebbi (Yehudah the Prince)
218-225 Transition f r o m Tannaim to Amoraim
Parthian rule in Babylonia overthrown by Persians
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.
M INTRODUCTIONS
Amoraïtic Era
Dates C.E. Generation Babylon Israel

220-250 First Rav and Samuel R. Hanina, R. Oshaya, R.
Yannai
250-290 Second Rav Huna, Rav Yehudah R. Yohanan, R. Simeon ben
Laqish
Military Anarchy in Roman Empire
290-320 Third Rabba and Rav Joseph R. Zeïra, R. Hiyya bar Abba
Roman Empire becomes Christian
320-350 Fourth Abbaie and Rava R. Yose and R. Jonah
350-375 Fifth Rav Papa R. Mana, R. Yose bar Abun
End of Patriarchate, exile of the Galilean Yeshivah to Damascus
375-425 Sixth Rav Ashi
425-460 Seventh Mar bar Rav Ashi
460-500 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
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: Rav said: Barzilai the Gileadite sent both kinds of
shetitaäh 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 Lexikon
der jüdischen Familiennamen, München 1996, p. xviii.
10 The two mentions of "roasted" refer to the two kinds of shetitaäh.

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. Then the
daughters were "from the seed of the house of Israel."
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 Isure Bi'ah 21:8 he
follows Sifra 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.
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. Rashi explains "the early ones" as "Amorites and
Hiwwites." 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 Soferim, already noted
that the last reading is the only correct one. 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.
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. However,
"practice" in Babli Gittin 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
vësàdëkhà or èseb bësàdëkhâ 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.
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. Feigensohn also
produced an introduction to the Yerushalmi, 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
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 dagesh
forte, uses meteg 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 dagesh.
Vocalization is always added disregarding matres lectionis.
Ashkenazic rabbinic Hebrew had lost meteg, maqqef, and dagesh forte
long before any surviving vocalized text was written. 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
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 V I P 'γι^μο H mxm (foi. 2a)
D'n^riì ."»ìVîf n ^ T n i i v í o n r m o ^ N r i η ί ο -ry l ^ v u r c
.-»n^ri 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 Terumah, the heave, is the gift to
teach them to your children and speak the Cohen from agricultural produce
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 The spelling of the Yerushalmi is leper, or a sufferer from gonorrhea)
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 The night is divided either into
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 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. The start of the time of the
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
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?'?!· ΠΝ V"PP > r i ψ π ι ρ M η ϊ ϊ η
•)ΓΙ>3 VP??? e n * îiV^P 'S"! ^ ï i -IW^T»? ^ ^

HALAKHAH1 41
ny^p NjVN .V1V I o n ? ! V?ï">i? Êì ïrçv
nyyp .NID DV1 H i n Ηΐρφ v j J p v u ^ irei!? V P » ? cpírpny
i m TIN"! . N I D Ν»>>> ' Τ Η Γ Ι ) Π ^ ψ Ί ^ ? ÎJÎDÇl!? DIN
nnpri tçN .ριψ
. Ν η ν η >K>i?p YÙ > - m HQW 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 vocalization 'in is t h e p r e v a l e n t o n e in

Yerushalmi f o r H e b r e w u n "to t e l l the Yerushalmi Targumim.
formally". It is a t e c h n i c a l term t h a t 8 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 of the Mishnah. 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 is p r o b a b l y b a s e d on his
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 in a discussion. The Now t h e T o s e p h t a ( B e r a k h o t 1,1) is

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? From the time that people of the approching Sabbath by the
enter to eat their meals on Friday sounding of trumpets (Babli Sabbat
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." It out in t h e f i e l d s , Friday evening
seems that t h e T a l m u d d o e s 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. It is told in Lev.
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- 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 As noted in t h e p r e c e d i n g

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. The exact de-
between immersion and eating, in order finition of "day," "twilight," "night" will
not to touch unclean matter be given later in the present section.
inadvertently, it is clear that they will 10 This R. Yose is the late Galilean
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
HALAKHAH 1 43
ji>33 n n w v i i p ρ on . i n n i n >-r> N$n N b p ^ o i i p N-iipn

H* J I N ^ n p 5 ? n J i n ? nrçiN ΐ η ί ρ γ η »pv
:mTin ï v j -»αϊ ^ i n n n ^ a i p a i S n f t tonin
It w a s stated: "He w h o r e c i t e s ( t h e Shema') b e f o r e that t i m e did not
f u l f i l l his duty." 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 hours.) Hence, evening p r a y e r s with

his commentary of the Mishnah in the Shema' are recited in full daylight. R.
Babylonian Talmud. The old 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 . r c n a i πνηψ") α>τρτ
7\13b O i » r r ! ? D D"TN >N1>Ì (fol. 2b) l i n i * >1") W H l "|ínV U T ?
Nlipn Ninp N*ip h ì p a o N-jp p a o . r a p a i o rteaj? γπψ
- i © n j^N·) n ì d p a o oiipl i J i a i n >·ρ n s > n > p ^ o p 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 .ni-ip>

12 13
Rebbi Z e ï r a in t h e n a m e of R a v J e r e m i a h : 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 Rav Jeremiah appears in the expected, the Name does not follow
Babylonian Talmud as Rav Jeremiah any normative grammatical rule.]
bar Abba, one of the outstanding 15 The verse quoted shows that
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 There is a problem how the follow the most stringent alternative.
Divine Name YHWH should be trans- 16 Rebbi Yohanan is the greatest
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 Everybody agrees that praying the
"to exist". The form of the name Amidah three times a day is a rabbinic
indicates either qal or pi'el, with a obligation. The majority opinion,
meaning "Eternal" or a hif'il, meaning reported h e r e by R. Z e ï r a and
"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
HALAKHAH1 Λί
in d o u b t o n e m a y not p r a y since that he already had prayed, must stop

rabbinic ordinances are interpreted in the middle even according to Rebbi
leniently in c a s e of d o u b t . The Yohanan, but in the Jerusalem Talmud
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 4:3) that he goes on praying
(loc. cit.) but without the argument that since prayer is never in vain.
prayer is never in vain. Rav Haï Gaon 18 Later it will be discussed t h a t
(Oizar HaGeonim Berakhot, Responsa p. sometime between sundown and
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
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' during twilight
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 have
in his opinion, anyone who is in doubt violated the rule that the evening
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
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 Since the Talmud has to p r o v e
Yerushalmi; since p r a y e r is n e v e r in indirectly that in reading t h e Shema'
vain it does not need a prior one is s t r i n g e n t in c a s e of d o u b t it
declaration. T h e r e is a p r a c t i c a l seems that it is implied that the reading
difference between the two Talmudim of Shema' is a r a b b i n i c institution
since according to Rav 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.)
ί ι τ > - D t - α * τ > η η ο ρ κ ψ >? ϊ χ η κ η . 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
τ ν :
oi»m
- :
i ö w ö TÙ^TÌ
τ : - -
ut?τ n>m
ττ:
a>roì
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
M CHAPTER ONE
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 Qatan 1:4 (80c),
note 8. It is not from our Tosephta Yebamot 4:11 (6a), Niddah 1:4 (49a).
since the last sentence is missing there 22 The argument goes as follows:
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". This is
R. Meïr and that of the Sages (Note 8). only a "hint", not a proof, since his
21 This expression is found also in working day was irregular.
"TON
• ·.·
1DÌ3
Τ
N£>3
Τ —
Ί 3~ N1N
Τ "
Π Ί DVÍ3 ΟΓΟ>3
T S ·
>31 Τ ! ·
ΝΓΡ1 ÌN5P D>1DÍD
· Τ
71Ö3
Τ •
u n s Ί)ί I ' l p m p a o ο>3ψ > 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 His source R. Abba bar Pappus was a
Israeli Amora of the fourth generation. Babylonian of the second Amora
HALAKHAH1 47
generation immigrating into Galilee. In ing. Since n u m b e r s d o not h a v e an

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 foremost Babylonian p l u r a l must m e a n t w o u n l e s s it is
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 like
criterion is originally Babylonian since "many", etc. T h e d e s c r i p t i o n in t h e
the criterion of Cohanim eating their Babli is: xV n a n o noun noun ovia noon
Terumah was never applicable in noen "If you g r a b t h e minimum you
Babylonia. have something in your hand; if you
24 T h e a r g u m e n t h e r e is t h a t grab more you have nothing in your
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 his
least two stars. Now Talmudic description of night.
interpretation of Scripture f o l l o w s a 25 Since Venus o f t e n is visible in
principle that I have discussed repeat- d a y l i g h t , it c a n n o t count in the
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 with s t a t e d t h a t no s t a r v i s i b l e during
Judaism, ed. P. L o n g w o r t h , London daytime hours can be counted for the
1967, pp. 171-196; Seder Olam, North- determination of n i g h t f a l l . This
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 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 .ΠΝΟΠ
.moa 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. T w o , he brings a t r e s p a s s o f f e r i n g

26
f o r a sin in d o u b t . 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 . T h r e e , h e is f r e e
f r o m punishment.
48 CHAPTER ONE
26 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. By the preceding described Lev. 4:27-35.
r n y ? tPlDÌ3 '¿ψ Π Ι Ο ,p30 Ο ^ ψ " > 8 ^ V N Τ>3 'ΡΪ* ^

ntyyi in m n n i m i p >NSia? d u d ì d ηκτ .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 .o>iinnNn
-s - τ
ΐ ΐ η η ψ ? .JTìsi"»? >sn? -isî π ι ψ a n y ? o u d í s a η Ν Ί .o>iiv/N-in
rjytoí n « .Tiiiin? >sn? τοψ o>a?i3 n i o .Jnjii? ^ n ?
ï y oy π η η ψ ï y i n oi> o>ír>nNn <in i n ο ν ο υ ί ν η ο η o n
o>?iwN*)n i n o>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
HALAKHAH1 49
also nighttime and one would combine daytime with Friday night and he
would be guilty for his first work 29 .
27 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 35b) by R. Yose bar Z a b i d a . 29 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. Like all such work, the
c o n t r a c t e d to Bun, Ba in t h e Yeru- minimal amount of work that is
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 minute amount of work is
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 10:15).
during nighttime the second time. Here it is understood that one uses the
The first case discussed by R. Yose 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. Any f o r b i d d e n
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. If t h e
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 seems to assert that two b r o u g h t if t h e s a m e a c t i o n , 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. It is then
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 spelled out in Leviticus (5:2-4) do combine, since they will all be
in respect to sin offerings for trans- covered by one sin-offering.
gressions 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. The practical
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? "pnjprrpN n>>7 "ΐ©>τπ í - q n
•pa > a - t t >oi> ion .pn? n j ? » ^ WPDJ?» " p n n - p i q
.NmDiD N i n ρ - 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 interpretation and the text are a matter
from the penultimate section. The 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 points out t h a t the
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 Maimuniot has been
ΚΠ3313 in m m s "only that three stars corrected by German Jewish attention
should look like one star" and explains to grammatical correctness. 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." Ran
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 his contemporary 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.
.Di> > N i ! 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 The interval between the moment
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
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: 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
daylight. 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 daytime. If the lower part turns silver

tannaitic s t a t e m e n t : " 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 r i » n ï&Î ^nnn nnaìpjpa nnlpn IOÌN
batra j i ^ n j p ì n>?n ^ 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

HALAKHAH 1 i3
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."
Hanina, the student of Rebbi. Usually this is taken as the moment of
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 the full moon, when the moon changes
depends on w h e t h e r one accepts that 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. [Nachmanides tradent notes that in r a r e cases t h e
(Writings of Rabbenu Moshe 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
Nahman, ed. Chavel, Jerusalem 1964, can lead to a situation w h e r e the full
Torat Haädam, p. 154-251) insists that moon s t a r t s to rise w h i l e t h e sun,
R. H a n i n a only explains Rebbi's 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, Optique
of R. Hanina's position, it is difficult to et mathématiques, Variorum: A s h g a t e
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] For
Hanina should have completely parallel practical purposes, both teachers seem
statements.] to agree that in the consideration of

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 n n ν ι ό 3 TOÌV
ΓΡ> Nìnn DI? . i o i ^ i a ^ n>> 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.
35 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
36 Latin compendiarium (scil. iter) dusk of R. Nehemiah mentioned here in
"short cut". T h e text cannot really the next section. In the interpretation
mean "the top of mount Carmel" since of T o s a p h o t (/. c., s. v. i v i ) , the
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 Latin strata (scil. via), "paved
likely to be at today's "Elijah's cave". road, pavement".
>3i r m n ? Ν > η ψ 0 7 ΪΨ N o i r p r i >3*1 ΊΚ>Η . J i w n y m i > 3
V 3 Nint>N . J i l v á n V3 IN?!? na>\?n n i ? > m «π>υ ϊ ψ irpn
>31 .rppçi? >31 n . 3 7 >>0 0 7 N H ? ϊΐηηπ »ΡψηψΡ Γήνηψη
. 0 > 0 3 η v!?y - T i ö i £ ÌÌ7D> « n o ? n i w n v ^ n i>3

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 Hai), followed by the statements of R.

m e n t i o n e d in t h e Y e r u s h a l m i , re- 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 definition of dusk a triple
the basic Yelammedenu Midrash. His disagreement. 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 in b e t w e e n , 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 [= 40 miles (mil)] in a day
39 While the first statement h e r e of 12 hours, the time allocated to a mil
i2
was a homily by a late Amora , now we is / 4 0 h o u r s or ( 1 2 x 6 0 ) / 4 0 = 18
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 bar Halaphta, the highest of 12 hours between sunrise and sunset,
authority in his generation. i.e., for the equinoxes if constant hours
In t h e B a b l i ( S a b b a t 34b), 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 dark the same latitude. For other latitudes,
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 ÎN Π>> ΙΟΝ ^ Π>Ρ05 >377
pao (fol. 2c) >3-n b>)p "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
HALAKHAH 1 57
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 had three episodes (again, not
fourth generation, older than the 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 h e r e is a s t a n d a r d
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
Nehemiah's "dusk". With 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 an
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 Amora of the fourth generation in of the episode h a p p e n e d d u r i n g t h e
Galilee. R. Mana (II) is his only known previous day and part during the
student. f o l l o w i n g night. Hence, t h e e x a c t
43 T r a c t a t e Zabim deals with men determination of the boundary between
suffering from gonorrhea or any other day and night is essential.
sexually related effluent (Lev. 15:1-15). 44 A Babylonian, student of Rab and
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 age
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. If he had two 45 Rebbi Yose mentioned here is the
episodes not separated by a full day, he Tanna, ben Halaphta. His opinion is
can cleanse himself only by immersion given based on an e x p l i c i t Tosefta
in running water a f t e r being f r e e of Zabim 1,12-13: "If he had one long
symptoms f o r a full seven days. If he emission such that he would have had
Si CHAPTER ONE
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. In this during daytime and partially during
sense did R. Yose say: If he had an nighttime.
emission during twilight he is possibly 47 While the prophet Elijah has no
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
had two emissions during twilight he is t r u e s t a t e of things. Hence, f o r
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.
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 Up to here, everything is R. Terumah and end of Sabbath.)
Mana's question to R. Hizqiah: Since the
"V?N jpN*r r o o ? i ^ a r r " p r m n ni>?p .>>>9 v o
-iç) .MID n ^ 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<n ïy w ννψπ ^rç? >a-t .)? n n n i ¿ i a

HALAKHAH1 i9
ρ iJiN>3 n p . ì j i n u > ÌJIN>Ì»> ν ό ρ ρ ,-ιποί ν)ρψη κ α ι
.-ÓN - i ^ ì a n NIN 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>
48
Who disagrees? 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 He usually goes by the name of R. 50 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 and
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 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 are
first verse, the coming of Lot to Zoar is unjustified.
real coming, parallel to the going out 53 He is a Tanna, an older con-
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. The sentence is a
would follow that, in the second verse quote from an anonymous statement in
also, coming must have the same status Mekhilta dëRibbi Ishmaël, Bo, 6):
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
principle known as gëzèrâh säwäh.) anything left over until morning you
Hence, the different treatment of dawn shall burn in fire.' Why does the verse
and dusk in the Mishnah seems to repeat 'until morning'? To give a
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
quote an authority the first time as '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
or 'JiVb m m does not apply to the all must be done) until midnight? To
Yerushalmi. remove people from transgression and
52 The Biblical text tells of Joseph's to make a fence around the Torah."
HALAKHAH 1 61
This is an additional indication that Biblical start of a new day.
the earliest possible sign of dawn is the
V3 V ' P L TY i n i y ")ri>> - i n i N O N >3-) > 3 >pi> ->ÇN
ίου ngiprn >3r»l Î W Jinnv? V?
η ρ I ? 1 ? ! ? ? N j i n r n -»©Ν .γηψ π ^ τ η o i » n n w iispâ ìnîì
tyl m > ? N HÏ HV* - P 9 5 7 V"V?N p a ? Ηϊη 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. Hence, day cannot end
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 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 τιίιψη> - j n y i p w rrç
o>?nb? n ^ N i ^ n ç . o > i n b 3 ί ο ν "in") o p N l p o ? το
1NJ31 m is? V?!?n>? Viiy» ï y Jiiô?
-15 t w n v p "1 ov^? -13 ί ο υ η - ι o î p > r n D'DN>O? -10N7
.Njoî? yo τ η i m p 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 .
56 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." However, Sefer
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 A preacher in the Academy of R. toes separated to form a semicircle
Yohanan. since the verse quoted from Ezechiel
58 An older preacher, R. Simon ben continues "the sole of their feet was
Pazi, student of R. Joshua ben Levi. like the foot sole of a calf."
59 It is usually explained that this 60 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 the hosts of Heaven were
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. What
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 Midrash Bereshit rabba is an old

wings b e c a m e limp." Is t h e r e any Yerushalmi source and 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. 1:7) "their f e e t w e r e a s t a t e m e n t on t h e A m i d a h 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 rrç N ì i n >3-1 ->ON
UN? i o n: ιiτ r p w t o v a . v nτ iτ îs t ï oτ *> JIN ÌD-O

:ιτ
nτ ·o v: ·a .VDNÔ
» τ : -
•>·>? JIN ID-Q
:ιτ
-»nit?
τι^ι ì : m m n n i ^ n n -into r j n s 7Ui\wa r o * m i p ì o a .vtyvo-^ *
. ν π ρ ο?>*τ> rwyà . n t o t o i •>·> τ π α o n p i y n * *
.ΝΓΙΝ^η? 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 . " At
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." A t t h e third
blessing (v. 2 2 ) "praise t h e Lord all His creatures." A t Musaf at t h e first
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 . 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 Babli (Sota 39b) gives separate verses
regular part of the morning Amidah, 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 N w n >?-»
TV m j p n - ή Ν ί ψ ρ p o p i η » η η νηφ *τν n i d o r i - ΐ ί Ν > ψ η
ïy 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 DÍ*TÜ p i r n y i * ni o i b i ^"wn
*TJ? η η φ η pjpì .rj-vjn o r i ^ a ! ? -n¡?)? ΓΡΠ î | N > ç n
.nrrurte n£>» ios nva-jx

63
Rebbi Hinnena said: From the appearance of the "morning hind 64 "
until the first rays of light in the East a man can walk four mil65. From
the first rays of light in the East until sunrise four mil66. 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 .
63 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. The was a Galilean Amora of the third

HALAKHAH 1
generation. Hence, in Mishnaic times the location

64 This Biblical allusion (Psalm 22) of Zoar was still known. In the Babli
denotes the zodiacal light; see the next (Pesahim 93b), Rebbi Hanina testifies
section. that he checked out the distance and
65 For the determination of the time found it to be five mil. The Babli finds
implied by t h e d i s t a n c e , s e e the 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 The verb π ρ ο is used in t r a c t a t e

is not a t e c h n i c a l t e r m used in t h e Eruvin in t h e t e c h n i c a l sense of
Babli. "levelling" by surveyors who f o r exact
67 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 In absence of a reliable tradition flat roads w h e r e t h e usual s p e e d is
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 the real 70 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 INO Ν Γ Ι > » Ν Ν"ΤΠ 113 >3") >3 >DV >3"! I O N
V">3p "ρτ? íO T QN>P N J O I P P N'ÌTJ
> 3 - η N a n Ν>>η > 3 Ί . i n n j j p ì Nni>7E y? Vî?>tn N*ìinrr l ^ i p i
w o i N n i i n ì ? ? î n - i N n y p o Ν*ΤΓ)3 w n N n p ^ n 13 p v p w
>3-p3 ")3 p v p w n i i ν»π r n . 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 ^ ϊ ψ ιπ'ρκι wn
ïï? ί π ν " ! own n w v m > n ni* lian nj??! ΙΠΝ") "ϊϋΨ?
. η η ρ γ η π ί ι ν r m > n ο>τ>η»£ 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 Aramaic.
Yerushalmi", f r o m G r e e k δήλωμα. Also, no action is reported here.
Levy in his dictionary r e f e r s to Greek 73 Rebbi Hiyya the Great is Rebbi
δίλημμα, which means only Hiyya, the s t u d e n t and c o l l e a g u e of
"proposition of two difficult Rebbi, the collector of the Tosephtah.
alternatives." Brüll in his critique of Rebbi Simeon ben Halaphta is a
Levy's dictionary proposes Greek contemporary w h o l i k e R e b b i H i y y a
δ ρ ά μ α "action". Frankel's c h o i c e is does not appear in the Mishnah (except
difficult since both long v o w e l s should for the aggadic very last Mishnah.)
be expressed, K»iVn (In Midrashim, the

HALAKHAH 1 SI
î t è î » ? JPP") ty Γ φ > >3-» o w 3 >3117 r m > > 3 1 ? n j o n >n*n
ι η , υ ύ ruanny IV . o v a ' y n o > v ? l í < l > r » p >3ú>a o i n .my o>wpn
ty ί > 3 ί ν ψ "IOÍN J1N3)?? !?>» ΤφζηΗ Î J O W ΓΟψ D>W»0 ^Pl?
NJY D>WON RJBNE V>P") TY ΟΓ):?Ί ,DÍ»3 RNYYN "ÎÇII$ V'PL
Jin ï y n w v n o v o π ρ ι o ' w n n rj^np o i r r n v i i y i >pNn ï y nuiy
sin « η . o i r m >ia Jin i p n ? i>ripi .n^nfl? lini l'rpi
.niijimnl?
74
The statement of Rebbi Hanina 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). In the next section and in the
Rome ms. and the commentary of R. parallel Bereshit rabba 6(9), it is
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
6£ CHAPTER ONE
a distance measured by S00 years. It is Babli Pesahim 94a, Rava quotes a

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 Roman the circumference of the earth at about
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. The corresponding mil
miles. Determination of the mil by would be 1380 m.
modern Rabbinic authorities vary from 77 The abyss being below the mantle
960m (Rav Naeh) to 1152m (Hazon Ish) of Earth.
and 1296m (Hatam Sopher). In the
«1ÌO ^ T ? Γ φ > >3"» DON ,ΓΟψ J1ÌNO ΨΟΠ O"0 ^ >3ΓΙ
niçn v n o r i n J v y j i o a >p .irrp .iato - α · }
ΐζΟΊ o^wwiP ΤΠΝ ο»»ο "XV >3τι . o ? n >ΐ>3 ϊν >(VP n>n"j OÜ^
d?*îî»p w i s rpiHpn . r m w i p n r i 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 o?1¥>? nM^pj .nriw
Oypl Λ1ΝΠ ty ' O ' ? D>3WN-)n J1Í3N V"V?N
t i í n o w n r ) - ^ i p n w^b ü ^ l l>a i m o won q^rjo ^ΊΝΓΙ
î t ë o ç ϋ ' Ρ Ι ï y i r j i y -in>o n > n n n » i . m y i m p w n ç îtèïW? vîV"! r o y
an .rjiíia ϋ > ρ ι >ιη . o ^ n n n i n a p p * i >η> v a ' a n -mon niNn won
ptn> y p - j i o n an .wipi ν^ΝΊπ ova vn o v ó -im
n a i ? (TTV >a*i - i ç n .^>pnn rmn> .V'Pin "to? ^ P i n vy-ιρ? .pp-jn
."m a m n >n? ì v p l » ì I O N J^NI nip . 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.
HALAKHAH1 m
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. (A kur is 180
name. qab.)
79 Taken as an allusion to paradise. 81 Egypt is d e f i n e d as the country
It is c l e a r f r o m t h e t e x t that 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 From here on there is a parallel in tosthenes to be a p p r o x i m a t e l y 5000
Babli Taänit 10a. Rashi explains there stadia. T h e l e n g t h of the Greek
that with w h a t r e m a i n s in w a t e r i n g 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 I.e., to take the part of R. Yehudah
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 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 This section is given in greater
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:
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." After that the
forefathers were 175 years for Abra- opinion of Rav is quoted.
ham, 180 for Isaac, and 147 for Jacob, The opinion of R. Yehudah ben Pazi
together 502 years. 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 ν π ν >2-> - i & n t
-»oto n o ! p r i V N n ? . 0 0 ? l V ^ u ΙΠψ TOty J P P T S
1>N-)i n y v ì η ^ ψ ' ^ ι >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
HALAKHAH 1 71
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. The verse from Job is
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 At some time in the future. The
to oppose the opinion of Simeon ben Targum to Job translates "mirror of
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 ÌÌV)?W >3*y! ·)3πν
a>rpì οηηρη ion tn? .na*) mrrçi >·ρ ì y t?niN nrito
>·ρ 0 > > ? ÎJÇi) O-JN 1ÇN 12 ή ν » ? ^ D>P\n
η ν ψ ? 1>ΝΊ3 i n n y v ì n y ^ ' t o a . ρ ^ ο >Ν*ρ NDn o n ? r m b o n ^ ç ηιηψ
>ρ ν Νΐη ο ' ο ψ η νιρϊ ι ? ή ν ρ ψ >:η7 ^ η η ΐ ν >3-» .·|ΓΙΪ?>3>
Π)0 . ψ η ^ Ό OV ΠΝ CPÎI^Nl Λ ν ^ ν η Oi»3 Î7D»!
o í ? ? ο ν ηϊη .τη ì>3V n o p " ! 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."
89 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 One of the teachers of the fifth created.
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,
HALAKHAH 1 71
•τη* D3ÌV9 n i n a y * * 1>31ί<! o i » a η η ί β ψ Ν V 3 " i n " i o ì n
τηκ v n n .rmy!? rijia-jNi o n y y ? ? πνη ,nyv> n ^ - i N i ony/ô
ia>ö 0 ^ 3 n > ; n a >3-) . ν η η N i n n>a? .riy'? n v 3 " | i ?ri .·)?*> T ) 0 ? V"!>?N 1531) iipw!?
witrç» i i o i N >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
τ · -
m i-.· n v :m- nτ ν ι ο
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. According to Rebbi, a
Rebbi Nathan is a Tosephta (Berakhot watch is three hours and it has been
1:1). 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 statement since this in the division of the day
subdivision and the division of the 93 Of this part t h e r e exist t h r e e
night (and possibly the day) is Roman Yerushalmi sources [the Talmud here.
74 CHAPTER ONE
M idrasti Ekha r abbati on Threni 2:19. scribal errors) a r e close to Samuel's

Midrash Samuel 3(1)], all of w h i c h 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
zarah 4a) t h e n u m b e r s a r e 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 and 53848 (printed on s u b d i v i s i o n s by 60. In g e n e r a l ,
editions), 56884 (R. Hananel), 56888 divisions were executed only for
(Munich ms.) in Abodah zarah. In Sefer numbers that have an easy reciprocal
Agadot H at almud 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). Instead of dividing,
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. Samuel is
Rabin, a Galilean authority who the astronomer of most authority in the
escaped persecution by an emperor and Talmud. Hence, it is r e a s o n a b l e to
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 can
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
numbers have no decomposition into fraction. Hence, the comment of t h e
small factors. N o w most of 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.
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 » o n »311 lp»i^ u n
->©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>
IK® 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
ηιίοψκη i n î »317 n»py\? ">P7 i n ç i . n ^ n i s q >3-17 ' p y \ ? i i r r
.rù^ rmn o'py? 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 n n p » N 0 7 p i n Dit?? 3>yin n"? >ip»N
I N ^ "»oiN"! I N O P P RPM .'> - n i y p ΝΙΠ t ö ΝΊΟΨ . n y w - n i y p
ty "|3*ì7 .-»ηψ n y y N ->pn JW") . " n i i y p "ΐηψπ n i » p > isni

-
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poiy 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
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OWpn Ν^Ν I N ? 3W1D Ì»N .·)»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.
94 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. Their argument g o e s as watch then the number of watches has
HALAKHAH1 77
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 . A shortened version,
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
Ashkenazic manuscript tradition.)] Elisha, is a Babylonian t r a d i t i o n , by
95 See the preceding paragraph. contemporary Babylonian teachers, in
96 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 . R.
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 dRav Kahana, the harp is also adressed directly, as a
n W n '*na 13 a n d in Midrash living being.
Tehillim 119.
Ν31Π > 3 1 Ί 0 Ν .rUÌD>Jin ϊ η ί ϋ ψ Ν Π W Ï O >3*Π ΝΙΟ^Ο 0»j?)p ΠΙΟ
Ν3>ρ >3-ι Ι Ο Ν . π ^ η n * n ì D ^ r i p i n n>yp>y> ϊψ η ψ ι ό ι ΓΡ3ψ naw
l i t ? -TV1 Ν3ψΓ)Γ1)3 N b N T P p i j ? Π3ί3>31 n Í J Í 3 > n 3>T1D >0 .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 κροβ
vovp n>>-¡(? iiriN κ π η ί Ν ^ Ν ^ τ ρ ^ ο y m ^ y>H i p s i a ηό·>
mT)3N n>ri>>>? D>)?Dri5 riD^r)^ π ί ρ ν n>ri>>o .vptpìWni Jitan o f i p
-ιηψ? τ ι ν ? ? η Ji>3? vm 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 > h"? n ^ v i .iriiin v p Hy>r
Jli-»i?> "J1"!* D"|N DVO n n ipi> 3*1 oy¿3 Ν31Π >3") N~ópd
-»oín γηψ nn»3N n>ri>>n ."ppnçri nt< n n ? n > ^>3^3 n-iya i n m ν ο ψ
.ρ *ì3 t w i n y »3*vt n>ri!p>»p nçN ιηΝ ο η χ ι
3 > 3 1 >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
HALAKHAH 1 79
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 1:2 that one interrupts e v e r y -
100 Rebbi Yasa in the Yerushalmi is thing he is doing to recite Shema' at its
Rabbi Assi in the Babli, the head of the proper time. Hence, wc may assume
Academy at Tiberias after the death of that all these scholars did recite Shema'
R. Y o h a n a n . It s e e m s that the in the synagogue. It was stated at the
p r o c e d u r e s w h i c h R. Y a s a recom- 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 . In t h e Babli a f t e r studying words of Torah. [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 sixteenth
of Shema' after midnight in emergency Century as can be seen from Rashi to
cases. From the next "New Section" in the first Mishnah, Tur Orah Otayyim
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 235. Bccause of t h e
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 represents of Shulhan Arukh, Magen Abraham and
either the autochthonous Babylonian
TaZ, the practice has disappeared in all
practice or the teaching of the
Ashkenazic congregations except those
A c a d e m y of N a h a r d e a f o u n d e d by
of the old German rite.] The question
Hananiah ben Hananiah, the nephew of
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 of
Rebbi Joshua, at the time of the revolt
Shema' a f t e r n i g h t f a l l is n e e d e d in
of Bar Kokhba.
order to fulfill the obligation of Shema'
101 One talks here about studying in 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 In the Babylonian ritual followed starting the Amidah prayer. This inter-
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 This supports Rashi's opinion.
Shema' is exclusively to start the However, Raviah, the foremost Ash-
Amidah prayer after words of Torah. kenazic authority of the early thir-
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, not more of these statements but R. Yehudah in
than 1.25 variable hours before sun- Mishnah Berakhot 4:1."
down, and according to an opinion of 104 This question has no answer in
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 Tehillim
Jews in Israel did not imply that the (4[91) do not contain the sentence.
benedictions before and after Shema' 105 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 the

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 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. The 107 This paragraph is the basis of
declaration of the addition of a month Rema's notes in Shulhan Arukh Orah
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.
calendar was always made by an
. Η Η Η Η N I O ^ O N P >I> YWIRP >Ì> •)? YYNN> R N ? RPRI>>N
ΗΗΗΨ 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 on> <i?ri .np>ny
π is ì D - i i ì v n p r m ? oh? «pri .οηψ·ι i p o " ) np>ny)
. n i * o v a >"> 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 " ) ISII? INW?
Ì J I Ì N ? :N\PP>P ·)ΡΨΗ Ρ Κ N£>3JP> N!?ÌN? i p i r i Ν ΐ Η Ψ NIIYP NNIN?

N »τ - >· τÎ 3: N 3 J I H* S· :M: ·W: Γ)1?>3ΓΐΊ>
~ : τ
N ^τ L N J ΓΙ>33Π N 3τ N— N W
τ
*· : > 3 1 I O• Nτ . D V D-
V P > I ? P I N >W?>N >33 JI>N ,Ν>η L A I M I η>> U M TNFL ^ > A I O
Nin n o > n ^ 3 3 i ninN}!? «ipin ύ>Νψ >0"Î7? »ON >31 DON .VP^S
NÌN n o Y P > ì y I N ^ S ϊ χ ρ>Η-ιηι N A Y I > o ty I I N I N > ,ηρίι
,j>>?n Nìn TÌV î n s ç i vip30

82 CHAPTER ONE
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 SI
108 One of the great sages of t h e (Berakhot 42a) in the name of Rav.
first generation of Amorai'm. He lived 111 In the usual process of bringing a
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. In t h e 112 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 im-
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' b e f o r e sleeping, while d r y i n g them, o n e has to pro-
with t h e r e a s o n of R. S a m u e l ben 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 im-
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 15b where it bread that starts the meal. 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 v e r s e s as c h a r m s in after washing one's hands is ascribed in
healing, it is admissible to recite them Babli Berakhot 52b to I he School of
for protection. Shammai; this i n t e r p r e t a t i o n of t h e
109 Here it is obvious that "words Y e r u s h a l m i is implied by R. A q i b a
a f t e r Emet Weyaziv" 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 prayer. It does same 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 the meal one has to say G r a c e
ceding section. and is not allowed to eat anymore.
110 R. Abba bar Jeremiah seems to 113 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
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 Weëmunah or Emet
meaning, in t h e Babylonian Talmud Weyaziv) 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
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
redemption comes prayer" was adopted of worry." Since psalms in ancient
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 This third statement is quoted in
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.,
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 Hands lifted in holiness are the Persian king, or in Galilee where
washed hands. 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
116 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 decided where the incident
knows his Bible by heart and that it is happened.
enough to quote the start of a sentence 118 In the Babylonian Talmud, he

appears as Rebbi Ammi, colleague of his name usually is Immi. His simile is
Rebbi Assi/Yasa. In the Yerushalmi, quoted by Rashi, Berakhot 4b.
>3-1? 131ÏÏ N ^ N n o v Π > ν ? ψ TV i n i N !w>>)?î 1 3 1 HpM
- n o y >?$> n n N v m η * ΝΊ.Ψ επΝψ o>ny? r n >ίτττ "pypv>
ty) (fol. 3a) D V ty ÌJ13Ìn Η Χ φ ) Ί Γ Ι ^ Π T i ö ^ *T»N> ΠΠΝΙ "ΐη^ΓΙ
iç-t » 3 πα κη> ί κ ."ρ η η η ψ 3 η * r i n - j y ? "py>?v> >3*1? 131 ν π
OV K n . ì p n Π3Π -»3 N 3 N 2 1 1 1 "»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. The statement in its
occurs in two versions, either Babylonian form is also in the Tosephta
"sometimes a person reads the Shema' (Berakhot 1:1); in general, our Tosephta
twice during the night", or "sometimes seems to be a Babylonian version. T h e
a person reads the Shema' twice during Yerushalmi version avoids the
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
86 CHAPTER ONE
f u l f i l l two distinct obligations by the laymen accompanying them, the

readings. Maämad], had to finish their p r a y e r s
120 The A r a m a i c / H e b r e w i m "3 before the start of service, i. e., b e f o r e
should be read as e q u i v a l e n t of the first sign of dawn.
Babylonian: -i»»rc 'ΚΠ3. T h e Y e r u s h a l m i d o c s not t r y to
121 Meaning a person specializing in answer the question r a i s e d , w h e t h e r
the memorizing and recitation of 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 morning
period. A T a n n a of t h e tannai'tic prayers, since it already had decided in
period never has the title "Tanna". the preceding section that t h e practice
122 One of the foremost students of follows the Sages and, t h e r e f o r e , one
Rav in Babylonia. may not r e c i t e t h e Shema' after
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. In the Babli, t h e
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 the position of the Yerushalmi that in
who kept watch during the night at the Temple times practice followed
Temple service. Since t h e T e m p l e Rabban Gamliel in the Temple precinct
service s t a r t e d at t h e f i r s t signs of 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.
HALAKHAH 2 31
"VKO νγϊ) .n>rn? invi ϊχ ·)ΐτ) :a

ubi p i a i ^ N a > p y >3-) N n i .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 without a disapproving
the majority. This p r i n c i p l e is then remark, it follows that general practice
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 follows Rabban Gamliel since the
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 authority
Gamliel's action is m e n t i o n e d in t h e overrides theoretical arguments.]
Mishnah without a disapproving
V?V ' Μ Η rP™? "T3V ^ " » ' W ' 3 T F 1ÇPW* IDI
ιΌ on in« , 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 » il >a*> >333 . - v » w π ι ψ : n y n i 3 * i p
ρ ft « ψ ί ^ η n b n - a p i . n a ^ a n>n!? ^ ί ο ^ ι içrçr)1»
Î7j?p >3 ï y I N I O N ) , ; p » n 3 ïy>a>? Π Η ^ Τ ^ "-»ON·) ηυη
.nan ^m ' » 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 by K r a u s s , Low, 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 οίνάνθη, οίνανθίς, Latin that the Babli and Tosephta have a
oenanthe, which however means only purely Hebrew text while the
"bloom of the wild grape" and clearly Yerushalmi has the connccting remarks
is inapplicable here.] in Aramaic.
The entire quote is from Tosephta
ΊΓ^ϊΠ .ΓΡΓΠ:? - 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

»nn ρ -on . D ' î i p ο ψ ο r i n n yo -qn .cpjio o w n Jibttpiarr) r m w n yari
naip w n r i i ny^ç o n . p i n o p o>>»ni noo>? í u ' p í »
N?i-in o r q i n ϋ ΐ ο η 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 .iny ο>Ν?ννν;?3 ίορη
.VNíporp I N ? V")D\?>? I N ? *>>i mpN .inj* nîilpii
n ç v » ? Ji>?ni ^ N i n iî? n>pN .-»npi l o ' p y >3-10 .i>?an ï v *tìoì»3
. n i n oτ m n>\n
» ι -
HALAKHAH 2 89
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 automatically 128 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. T h e T o s e p h t a starts:
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
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 Aqiba
nVuVji n n ® as "skull and spine" or changed his opinion but, according to
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. We assume t h a t the omitted parts.
Yerushalmi here accepts the opinion of 129 Former Arab village Kafr Tab
Rebbi Simeon, otherwise there is no East of Lod.
1Ρ3ΓΗ » 3 .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")
γπφ a n ? > n > 3 p n >pn v i r i l o V O ' S P D " ^ l i y p w > r i ÌJQTI
> n v i l "ρν>?ν> '"i V"!ìt?N V O ' P P D - ^ o n p i N o p p o n i .τπψ n i p - p i iri?
.-»ION γρ>ι γρ> .n>v>iy> 'O*?© o ^ p τ η N)?n ΝΓίνρ'ηψα n i ^ ì v "Tiy
VN] -ion ^ Ν ψ NID TIN I N ^ "«ON OWN n > s p IN*)
,n>> h i d p i ,vin3 ν ο ψ - n a ^ n b i 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.
130 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 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
HALAKHAH 2 91
small amounts f o r one's daily needs Our e x a m p l e s h o w s t h a t 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. The Rome ms. has here
made by Rebbi Simeon.
"forbidden," influenced by the Babli.]
."P3>\y> NDn . 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 n>N) ~ιηφη i m y «in rmyo
M i H D>OD0 η ? ? ì'v· N ^ ì " U y " 0 3 Ι Ο Π Ο*!? .0>03Π
.n>rn? 1 3 iy 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 . But then they could have read also after the start of
dawn 132 . 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 And why did he tell them only to question remains unanswered but this
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 Since the Sages will agree in this
seems to be whether it is preferable to situation.
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 .> rove

n ^ V » t v ι π ^ η [ o > n c ? Π ^ Ο Ν Ί ] ο>-α>κ·) ο > ι £ η η ο ρ ο "»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,
burn the r e m a i n i n g p a r t s of 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
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.'" And he Rabbinic precepts, rather than Biblical
f o r m u l a t e s this in his c o d e (Maäse commandments. This is c o m p a t i b l e
haqorbanot 4:2): "In o r d e r to a v o i d only w i t h the point of view of
wilful transgression, t h e Sages said to Maimonides. It is a w e l l 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. However, as Rebbi Babli in this matter as an endorsement
Huna p o i n t s out in t h e following of the interpretation of the Yerushalmi.
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? t o r i N ^ JI»N O'OV? ií>?ri i ì n Λ ÍW>ÍI
>Njpi >3*) o ' n o p » o r i κϊη IN&Ì .ijan ο>ηφ?
n£ .rö^ "Ì&N?! I N ? -IÇNJ >3-17 N j p y o
o>noa r ö ^ y i n ? 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) "the Passover sacrifice after
139
midnight makes one's hands impure."
135 For the Sages, the obligation of d u r i n g t h e e n t i r e Seder night; the

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 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. It is p r o b a b l e that the
ben Azariah in the Babli, Berakhot 9a], Babylonian Amora Rav Huna (kjvj) also
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 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
Scholar's Haggadah, N o r t h v a l e NJ Rebbi Huna points out that, since we
1995, pp. 263-264.) 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". Since t h e 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 "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. H e r e is a n o t h e r
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. According
have an invariable meaning, t h e first to the Yerushalmi both in Berakhot and
occurrence must also mean "midnight." in Pesahim (37d), t h e prohibitions
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. But the Babli in b o t h cases
to be eaten "in a hurry", the hurry of (Berakhot 9a, Pesahim 120b) r e f e r s
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. Hence, t h e notion of and E l e a z a r b e n A z a r i a h t h a t the
"night" here is opposed to "day" and not prohibition is Biblical.
restricted to the first half. 138 T h e reason is the same as t h e
136 This is the form in which t h e one given f o r s a c r i f i c e s in t h e next
name of t h e Galilean Amora R. Huna Mishnah.
HALAKHAH 4 9i
Λ
·)? O N .-»ηψη - n n y "Vi VjVrço? 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 "TV O N "IDI
Ί Π Ν Î7DÎN N Ì D . Τ ΐ ί ϋ η "Ti? 10ÍN ^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 This is the reading of the thb burnt), was all burnt on the altar. The
' d W f r o m the Cairo Genizah. 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
sacrifices". Zachariah Frankel already certain organs had to be burnt on the
conjectured that the c o r r e c t r e a d i n g altar. These sacrifices are called
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 or t h e following night. Family
sacrifices in the Temple. 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 determination would be
sacrifices"; most of t h e m had to be necessary.
eaten during two days and the 140 The determination of dawn was
intervening night. T h e only "simple possible only for professional
sacrifices" to be eaten during one day astronomers. In many cases, p e o p l e
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.
.·)!£> pa J i n n ^ a ν η ψ xiis >ri»>N» .n row»

-iniN ,ποηπ p n t v ( r n p w ) .ijvio> ->piN
1N5P N l i p o .JiiVV Tiöifc 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 with the blood of some m a r i n e snail
problematic. It is d e f i n e d in Babli but since the snail has not been clearly
Menahot as a color obtained by dying identified, the color cannot be

HALAKHAH 5 97
established by experimentation. From 142 The word in parentheses is found

the second paragraph in the Halakhah, 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 Halakhot
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 read the Hallel", as
color of kohl". benediction of the Hazan even if only
T h e old G r e e k Septuagint trans- half the Hallel is recited.
lation gives υάκινθος "hyacinth, a blue 143 H e r e a g a i n , the w o r d in
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 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 V 3 NJV3J1& >33 .Î1 flSïfl
> ! ? i n w 03}>N-p " r ç v >ni n>pv\? n ç i .iì? ^ » V S y ? i i m 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 with the obligation of tzitzit, was in
garment. We shall see later that the Israel recited in abridged form during
third section of the Shema', dealing evening prayers. Hence, the tzitzit
28. CHAPTER ONE
characterized the morning prayers. white threads of the tzitzit.

Each tzitzit contained t h r e e strands of 146 That nVsn should be recognized
white thread with one of tëkhêlet. not only as a color, but as its specific
145 I. e., the η"?3Π thread among the color.
•PJIÇ .ÌJ1ÌN Ο Γ Ρ Ν - p N ^ N I N ? 1^313 ^ Ν ΠΠΙΝ OJ?>N*i1 "PN*? ' a " ) O W }
,o>> n i p i i ι ι > ? τ ι η ψ r o p W >53 ÏIQQ rii^n

D i ,
. • m a n N t p > n>pvr W ü vpvr o^VVÌ ï -1
WNT ï y Λ ψ Ν ^ nan"} m o w n>rp-T 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". This tells y o u that a n y o n e w h o k e e p s
t h e obligation of tzitzit 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. Usually, this is taken to mean discussion of nVsn) o n l y h a v e the
t h a t in B i b l i c a l H e b r e w , n*s*ï is comparison of sea and sky.
masculine (parallel to masculine η^ηρ

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 Hebrew refrain from inverted order; one should read: 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
HALAKHAH 5 99
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 . O N N N I N"jrp -IÇN N I P N a*i .i-paoi
,n>> o > ? n t ò n>> a i - t p !?>n ù > N y a O N ) .n>> o > ? n 1 9 5 p i r n
ΛΓΙΝΊ RP> T7>W7 Ν1ΠΠ? > V 1 ΊΊ>ΝΨ1 ! ? R M VP*Î? 13N P N^N
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 ammotlA9
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." 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 " . W h a t are w e t a l k i n g
about? 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 generation of Amorai'm in Babylonia.

(cubit) has not been 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: "The p r a c t i c e follows
150 One of the g r e a t e s t of the Others'".
students of Rab, a leader of the second
Ό Ί Η ΝΓΙ»Ψ H D >3ΓΙ >>3J|) JVNL ."TÌ*H£ ">ÌON V ? V3 T1>N
pa aN^ p a w in >ya ΝΙΓ) . i - p a o i JIÌON ya->N i v a n p pirn
P I N · ) O "TN ΝΗ»Ψ H ? "I&T 1»Ì ">07 1 » ? ">Ί»0
>ρπ o y n n i i ^ n n r ? N ì n N n>oj} V 3 .Vvaoi Jii»N v a n N i - v a q »
N v y ^ >a-> "don , 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 , between

152
domesticated and wild donkey." 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 Eliezer's criterion in the Mishnah, and
reading the Shema'. In the Babli (9b), "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 Pne Mosheh (R. Moshe Margalit)
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 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 Rebbi soon as one recognizes a person at a
HALAKHAH 5 101
distance of 4 ammot. Hence, "they said" generation of Amoraïm. It is inter-

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 The same explanation is given in next section.
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 Resh Galuta, the Davidic ruler of over after religious services and deeds.
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 CHAPTER ONE
157 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. This is explained
Synhedrion), and it is spelled out that more thoroughly in the next section.
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 religious
would have had the possibility of not obligations is more to the point.
reciting Shema' at all. The fact that 158 Reciting from memory the
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 nna n m ï >31 . π ο η η >pn
ΐ ) ί n o í N ywirp >an .οηηη 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 >a*i . η ί ν ψ
>?Ì π η . 3 η ιηη .npiwa *τπ V Í O Í O N Ή Α n a i n >a-i
n ··t τn: o * Tt Tn Nn»w

·· : r
n . s. . . r. .o. i w a. ì i o. n n oτ iτn:
ir
. 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: The practice
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 ? In fact, it is
the practice. W h y did they say, for one who forgot? That everybody
should make an effort and read it at its best time.

HALAKHAH 5 103
159 Of the l e a d e r s of t h e f o u r t h A h a v a h in t h e B a b l i ; a l l 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 T h e last n a m e is c o r r e c t in at sunrise but in Babylonia the practice
Seridé Yerushalmi. T h e n a m e men- of v e r y e a r l y p r a y e r s w a s never
tioned in the printed editions, 13 m x established.
κπκ , is not m e n t i o n e d again in any 162 Since rules a r e m a d e to be
Talmudic source. Rav Ada bar Ahawa followed, not to be forgotten.
(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 . n n i n - Ì 3 7 yoy> η>-»ρ
r o n ? n3>N n n p >t»i> > 3 1 i o n . y n p nan* VN n ^ a j p .inip
ικργι to'aNi r n > n i p r u v w p ^ n >3-1 - i m .nap r o n ^ nâjp .rm?
lì i o .njì? v3iv)N-in v p w ? 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 Rebbi A h a said: T h e
r e c i t a t i o n of Shema' 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
obligation164. Rebbi A b b a said: T h e t i m e f o r the recitation of t h e Shema'
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 R e b b i Y o s e said: The
recitation of Shema' does not need concentration, prayer needs
concentration.165 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 CHAPTER ONE
163 It is implied by the following The clearest statement of that position

discussion that one talks about groups is given by Maimonides (Hilkhot
of people engaged in the study of Tefillah 1:1) who wriies: "It is a
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' and 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
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. Rebbi Aha does cannot be r e p a i r e d . 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 the Kingdom of
time twice. Hence, in a real sense, Heaven", should be well understood
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 R e b b i Yose, t h e 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 unthinking
obligations are Biblical or Rabbinical. prayer is a contradiction in terms and
While it is essential that the first verse intrinsically invalid.
ι!?>£>ΝΙ τη,ίτι t i ö ! ? r i 3 v p p i y y U N >ni> 15 l i y p y >37 0 ^ 3 ΐ ^ η ν >31
iín un r n j p N i j n v >37 - i > p > p ? ç υ κ I>N v o y
Ή ! «Trivi? V I VP'P?» «Ν π ι τ ί η ·ΤΙ»>ΓΙ3 V P p i V
.ovrrb? 07N tjhpmv > n i > i ~>ow i j n i > >377 n>riV73 l}ni> >37 .η>ΐ)ίΠ3
>ni> i ? l i y p v > 3 1 7 n>rii>7? >ni> 13 liypvy >37 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 ο > κ ρ N3>I.D DON
^ î i i ï H i n v p i a V">.í> N y j >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 .N'DNI^-^D N>> "ΤΗΙ Ν Π Η Ί Ν Η
don .nn?·) n n ? τ ι π ν !?y ν ι ^ u n ,η>>>7 n n i \ ^ 7 Ρ n > a o > n ¡ ? t»?>
>3117 π > 3 ρ ν ι ? Ν3>?η > 3 7 ? Ι3ηί> > 3 7 7 W ? * ^ » 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>> n>>i ,ι^-ù n w v ^ l naio
. N 7 3 3 N>V> nú Ν>ψ τ ρ > η ψ .Jii'wjfc in^n riivyy^
i>ia I^N 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 .·ρ3>\!> ì«^

yn> >31 -inN ,ν'γι N>n .rniJi n i n n n n a i v ? νγι . r n i r n Nnip
-iriv n i n n ny>N rnin ι π π τνπψ n > ^ >ni> i ? "ρνιρνμ »an
.m Y irn ν - l i p Νΐηψ c n i o Η^Η i j ^ r i nip Nay .m T in n i i n
>nv i ? >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, and Mezuzot, do interrupt
for the recitation of Shema' but do not interrupt for prayer. Rebbi
Hanina ben Aqabiah said: just as they interrupt for Shema', so they
HALAKHAH 5 107
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 informer." B e c a u s e of an i n f o r m e r
day not studying. about his anti-Roman f e e l i n g s , Rebbi

17
168 See Note . Simeon ben Yohai and Iiis son had to
169 Latin delatorius, a, um, adj. to spend 12 years hidden in a c a v e (Babli
delatio, in l a t e Latin delatura "ac- 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 a delator,"government upset that p e o p l e w o u l d e n g a g e in

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. Both T a l m u d i m deliberate sinner?
consider his position a p p r o p r i a t e only 172 But he certainly will interrupt
for exceedingly holy people. for all other obligations. In fact, the
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
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, recitation was replaced by his studies,
c f . a l s o B a b l i Sukkah 26a. The 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 In our Mishnah here in Berakhot.
Gamliel and the Synhedrion at Yavneh 174 This is a preliminary a n s w e r .
did not interrupt sessions dealing with Rebbi Yudan (Amora, colleague of R.
communal matters. Yose) tries to relativize the answer that
171 He who does is one who f u l f i l l s it applies only to someone like Rebbi
the commandments of the Torah. 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. R. Abba Mari, one generation
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 not f u l f i l l i n g i t s com- interpretation 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 know enough to fulfill all 175 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 . The reciting the Shema' in its proper time
HALAKHAH 6 109
transcends both for everybody was called Mishnah in the time of

including scholars of the rank of Rebbi Rebbi Simeon bar Yohai. (See the
Simeon ben Yohai. Mishnah here parallel in Babli Baba mezia' 33a.)
stands for the entire Oral Law, which
nini»? n
i??ì t3!*'^? aiV? oHPiN n>3 Λ mv»
o n p w !?>n η>αι .qîpii îij^rn
- l O í f j no!? i ? ON .^13 q ^ a i "VJNíy Τ?"!"!?
•IHípiV 0 7 N írpw n^v? ÏÏP1P?1
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 it is used only for formal recitation of
as on a couch. "Reciting" always refers Biblical texts.
to the Shema' since, as a technical term,
Π^ηψ? n > 5 7 VP?*!?»? π ® Η·ηρ τ "PO'PP n n i κπ .1 n a S n
:Π13 q j p ^ t Jiiiîin? cp¡?piy> v n ? q j v i a 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 that fulfillment is really restricted to

in the Babli, Berakhot 11a. The bride the short act of actual marriage and
is exempt from reciting the Shema' then to the first married intercourse;
s i n c e w o m e n are f r e e d from all the exemption of the bridegroom from
positive commandments which have to saying Shema' refers to the e n t i r e
be p e r f o r m e d at set times. The wedding feast when he is unable to
bridegroom himself f u l f i l l s a divine concentrate even on the first verses.
commandment by getting married, but
•τηκ o i p j p a vny b N > - n i n n t i » •)? '3Ί3 ηψνρ
ν η ψ n n p naiv ,ηιρ* i w y n v ç p n o w nnti» i s va-ι η>ττ)
>3-ι!ρ "HVÎw ϊ η ^ Ψ >3"! r i o n i n n ì V 13 '3")
n o í N NÌTT) i n « » ? pwa *rnis> ">>pw
to -»ÇN .jv\?n 1î?p π ? ? * ! ^ s j ? ^ π υ ι ο 'JV?·™ .ο>τρηψ0θ
ί Ο ψ - » π ν -ιΐ"τ η>α λ ν ώ ψ n>? n . 1 7 ? ηt\h
.mm n>3 y i p robr? 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
HALAKHAH 7 111
178 In t h e B a b y l o n i a n parallels dawn, when it still was possible to eat

(Berakhot 11a, Tosephta Berakhot 1:4, 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. T h i s m e a n s t h a t in t h e 179 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 Both explanations are necessary.
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 but to spite the followers of the school
discussion takes place in the morning. 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. This
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.
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 ">οκ :» m w e
l i n } π » η » i ? it? η ρ κ vv>i?>>n >5$n »η??»©·!
. ^ n J i n >157 Γηΐ)Μ
181
Mishnah 7: Rebbi Tarphon 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 CHAPTER ONE
181 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 , at t h e t i m e of the was the only one to survive the war
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 rein
onaio niT o n n i i n v >a-> o w ? n v i -13 py>?\y .aion 1»? : p n .mrin
l i p 1 3 N } >3"! .l?»n ïï'l^ d^ìvj o .rniri η : π » p a n n i rniJi
>-ι.Γ)ψ r n i n n : n n a n s i o η ι τ ρ η η η ψ v i r i n s l i η τ ρ >31 ο ψ ι
ΓΡΙ » i l i -α^ψ n> . n w v n N ^ N - u i y n>n HÎ IÌ»N
.«/ni - 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 2:5 (fol. 41c) where Song of ship is better than wine", is discussed.
HALAKHAH 7 113
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. R. Simeon
Yohanan. bar Abba is one of the outstanding
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 students of R. Y o h a n a n . 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 and the people of Israel words a r e of the f o u r t h a n d f i f t h
(represented by the girl); the question generations, respectively.
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 .-m>n i r a n t w ira rnin n ; n twyι?φ
IJ'JJH ρ N i n y if? v i r i .10 i n i n n i ^ i a i n p i o v m inN .inpin ina
1>pin> n i f l o i u w o n n o s mTin n a ? ^ v>>33? v n ι η ί κ η l i a n
>a-pa οιπ3Γΐ D w a n i n >a"H n n . a n>?3n >an ,a»n o n p i o n a n ty
t O iia>v>? n a p r i o>N>a? n a i n onion N»n
VpVr m i i ? n N > a i i ."DV^l Vï? ïï> 1V>N a>3iDi .Jiio>>3 >0? Hi
rooio ij>N o n a r o i n n τ η κ ï y .npip> iby in\?o>a à η^ψψ
>3 ï y «in a n a i n n - τ η κ ï? ϊη in\??çtn οπίη
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 o n i n ap1? ni^-in
.qnv 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 asserted by the Synhedrion, then he has
build "a fence around the Law", it is in committed a capital crime.
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 In t h e Babli, t h e r e f e r e n c e is to
Sopherim, t h e m e n of the Great 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 A p r e a c h e r of t h e f o u r t h
185 The Mishnah speaks about the generation of Galilean Amoraïm whose
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. His teacher R. Tanhum bar
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 Only false prophets will preach
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".
HALAKHAH 7 IH
188 The real i n f e r e n c e is f r o m the 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 Hebrew word (onin) "seal" and its
189 T h e Arukh notes the word but Greek equivalent given as parallels.
gives no explanation. Mussaphia, in his 191 The reference is to the tradition
Notes to Arukh, proposes 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 most
dropped. Diplomatarius is a l a t e competent one, has the same status as
(Byzantine) f o r m of diplomarius, the 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 Hashanah 25b, Sifri Devarim
"doubly f o l d e d " i m p e r i a l o r d e r or 153).
privilege w h i c h g a v e its h o l d e r t h e
•vnnnb nî-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 ìb>N » b i p s .*jb;> r j ^ h a
n a ηκ*»\5>>3 b a N .bip n a 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

T T - : ·· τ
ib>N m nτ :M i s b i 'p n a-
IT τ τ
>an
· -
.bip n a η H W nja>a >a") >a>a >a-i . b i p n a n N * > p > N .bbn n>a
That means 1 9 2 after the divine voice 1 9 3 was heard. But before the
194
divine voice was heard, 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 195 In the opinion of the Babli, only
a sound carrying information of in the case of two l e n i e n c i e s whose
indeterminate origin. theoretical bases contradict one
194 Tosephta Idiut 2:3 (in a different another. Similarly, the fool is one who
version Sukkah 2:3). The main follows contradictory rigidities.
discussion in the Babli is Eruvin 6b. 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 is more lenient are 197 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 the origin of the phrase is
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 the 198 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
HALAKHAH 8 117
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. We know t h a t t h e sect at
was one of the notable students of R. Qumran were Sadducees and their
Yohanan. Tefillin follow Sadducee rules;
199 T h e Synhedrion was at Jabneh characteristically, t h e y h a v e many
b e t w e e n t h e two w a r s a g a i n s t the more Biblical quotes in addition to the
Romans and held there its first meeting required verses (cf. Y. Yadin, Tefillin
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). The
persecutions that followed the war of Tefillin f o u n d with t h e Bar K o k h b a
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. This g i v e s a desert a r e of the same type. Hence,
terminus ad quern f o r the adoption of Sadducee practice did not completely
the rules of the school of Hillel by all stop until the war of Bar Kokhba. As
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 Bar
Kokhba. Kokhba.
While Talmudic literature is full of 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 would
Jewish practice, there is unanimity that transgress a generally accepted
the principles underlying all discussions practice supported by a divine
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
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 . In t h e Bar Kokhba. This narrows the time of
Talmud (Babli Nidda 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 VWV π ηοϊη

>1> i ? üwin» >21 DW? v ? n >3->3 >oi> ."ρίψ γ ι ^ π ι oi>n n ^ n Νη»ψ
>i)p >31 o w ? l ) ? n j >3"i 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 .
202 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'. The first opinion, Torah, since the r e c i t a t i o n of the
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

HALAKHAH 8 119
way. 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. Hence, it is r e a s o n a b l e t o
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.
Since in Halakhah 9 (and in the Yose bar Abin transmits in the name of
Babli, Berakhot 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.
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 regularly, every
morning 3 benedictions and 3 sections, evening and every morning, cannot be
for a total of 6 morning and evening. considered transgressing the obligation
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 In the Babli, Menahot 99b, Rebbi
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. How- Shema' alone is enough; no mention of
ever, Rebbi Nahman, the preacher, is
the necessary benedictions.
> 3 3 0 -IÇN " P O ' P >3T ^ Γ » Γ Π > γ ή $ >J1V> V " P P TO
* pJN oâ 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
* ,·>33 ϊ χ ο η η Ν q > η>η? ì^Dîf * VOV -TD^ï*
ο>η*Η INO ·>'·> n i s rnnNi .Kiyï ÏÏ^n * °γ> ηι< Ν ψ π ,ΙΠΝ
. η -rçji r i a p r i ο ν ΓΙΝ - t o t , ι ρ ν ο ι r p o y á variy)>> t O Í O > D
a^jp? rnin n ^ i i s o ' ^ 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 π ν ί ί η qvqj? n a v nisi
D?>O> ia-)> . q o N n ^ i : p a N n^c t a ? . 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 >J0»1
•jn.ri >2*1 ->ÇN n n N i DM?!? n n N i-nrm N>
,Π5")21Γ1 Ο "Π q>3>V¡ >> DÎT1 ΠΝ^ΟΙ >*).ÌO"|P
; ρ > 7 3?3t>Nì n> .>> J I N I y - p « w r p r M n i n » >N w n rjra
iprpi * TV n ^ r i N> .q-iin ύντ Ν^Ί
.Qîy Ì J ^ Ì o ^ í f ί « ϊ < >3-) DON J i ç t f i n o 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 ?^ ty ^NS
.íp^nn n n N^Í qjV3 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
HALAKHAH 8 121
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 Commandments of Deuteronomy.

heavily on the third section of Shema', 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' is s i n g l e d out for its 210 This contradicts the opinion of
importance b e c a u s e f i v e of the Ten the Babli, Sanhédrin 86a, that the Ten
Commandments are alluded to in it. commandments forbid kidknapping, a
206 As R. S h e l o m o ben 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 This promise is connected with found in Mekhilta deR. Simeon bar
honoring father and mother in the Ten Yohai, p. 153.

122 CHAPTER ONE
211 This argument is the base of Eternal is the God of truth." Rabbi
Rashi's commentary on Berakhot 14b, 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
>
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η>ζΐι v o y i j i i n ^ T n τ η ψ ν wit?") .rnin it ογ>3 -mon narnp
VN\j> Jim i? >3"» o v n > £ N > 3 1 .*u?N»i ,ϋίηψ on
ι η ψ ν ψ o i b ? Π Ρ Ο ν η ψ η>> Ν ί π ρ V N N I >37 i o n .ivhDi»)? niD-jari
lìn>nî 1903 ' 3 7 1 naarijo 3*17 .yçyj W ID IT) n v m n
i n i p i>n n o o v _ ^ d 3 n i - m n rinvìi m i p m n V 7 3 i>i>?n
>3>P3 η ψ β > 13!? ìj>N V7>?ÌN in? 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.
212 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
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. These may take the place of the explicit
"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 the
213 Rav Mattanah was a student of Synagogue and is reciting 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 Since it is implied that the after the recitation of the Shema'
priests fulfilled their duty of reciting without interruption; see below and
the Shema', it follows that the non- Tosa phot Berakhot l i b , s. v. naa®.
recitation of the benedictions 215 Since the benedictions for the
preceding and following the Shema' Shema' were instituted for Shema' only,
does not invalidate the recitation of they are not applicable to the Ten
Shema' itself. Commandments; hence, the Ten
The Babli ( l i b ) has a t o t a l l y Commandments, if recitcd at the start
different approach. 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
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 I'D always denotes a Jewish
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. The essential mandments was stopped because of the
difference is that for the Babli, the propaganda of the (Jewish) Christians."
ηψ-ja v i i p n>n v i ? N * ! ^ ">3 r m r p r n o w ? i n o ? -»3 t w o y j >i->
.-na^n 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-> . n n > p i n a > a y rrç a i n a ^ n j i n >3-1
rnTiri3 Π3ίη·>ψ "rçjJîpi* >3-1 "IÇN . 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 The blessings of Balaam, Num.
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 In the Torah as indicated; in the
bar Abun and Rebbi Eleazar in the Prophets Michah 6:5, in the Hagio-
Yerushalmi are missing in the Babli. graphs Nehemiah 13:2
r o n » a n .iana n n . i d - p i on") η η κ n a n ? l a n j j η ί ί η φ π irfr *V3N
! ? Ν ΐ ο ψ >a-| .Jii-mçn id-»? η ϊ ν ^ π ί .rnin nana w i m w oy>a
.ni*m>?ri " « ν ->o>rn n v m p n ì n ì p Ι>Π¥ n o n a > 3 7 7 ν η κ

222
"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 m
222 In the Babli, this piece would be Berekhiah, is one of the authors of the
introduced by KD« "let us return to our oldest sections of Midrash Rabba.
main theme." Such a r e f e r e n c e is 223 The first benediction before the
always missing in the Yerushalmi. In Shema', a celebration of God's creation
the Babli, this a r g u m e n t is an of the sun. 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 π π ν nana v s ' p i »
.min.! 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> t j n s vny) n n p o i i p τιύψ> ο>?ψη - i ç n twiov»

•pio? -Ϊ&Ν N3in .Ί31Ν ^ Nini N3 >3Ί "V?N .îp}!? \>H
>3"! ο γ ή "pn>p >3-1 .:p.3> rjns 1>N ™:>!?l! «>17»? o ' - o i n
V?n3 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 one
does not h a v e to recite the benediction. 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 Practical rules, n^n, r e f e r s to
Samuel, harmonizes Babylonian the memorization of f i x e d statements
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 applicable,
Israeli theory by accepting the whether a Mishnah, Tosephta, or a
Babylonian p r a c t i c e but m a k i n g it deciding statement of an Amora.
impracticable, ιηκ is the same as 229 In the Babli ( l i b ) , Rav Hiyya bar
Babylonian inVitV "on the spot, im- Ashi, the student of Rav, notes that f o r
mediately." his early morning class, Rav washed his
226 From the parallel in the Babli hands, recited the benedictions, and
( l i b ) and the order of statements it proceded to teach the Midrash
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. In the
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.
HALAKHAH 8 127
>3-1 O W 3 N V J ^ >3*1 .Vri V 1 H N P >3 O y ΝΊ.ίρΓΙ >3ΓΙ
1>νψ - m s ν)?ψ >ì"iipl 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") -llî? Ό Ρ Ο N^l
n o i > >3*1 n>> ,i7>3 » i r » ? ν π ν n i WV -m? yçyi n p i n i
n*>flj}3 l i o i » ^ H ? N ^ N r m i N i>"ÓP o t o ? r m j i y n η η ί κ w i p ->3? Ν>ΓΠ
i n DI13ÌV3 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 . T h e public c a m e and r e c i t e d
Shema' a f t e r three hours. 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, were

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 Jewish
231 The land of Israel was divided people at the daily sacrifices. Since
into 24 districts, corresponding to the these sacrifices started very early, the
24 families of priests, and every week men of Maämad had to p a r t i c i p a t e
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 t o be present at 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 being present. The lay late in their recitation.
128 CHAPTER ONE
232 In Israel, a fast day usually variable hours (one quarter of the time
meant a day of fasting for rain. The between sunrise and sundown).
services for these fast days were 233 The reading 31 that is found in
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 At the time of the morning
fastdays the regular service, with an benedictions that were said at home,
extended Amidah, was said. By the not in the synagogue.
time that a great many people were 235 The disagreement between
assembled and the sermon was given, it Rebbis Yose and Aha is not resolved in
was rather late, later than three the Yerushalmi.
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 ì!w
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 vniD-ian
r o r i D N n o - n i i w n n η ? - μ ι n i - p a n ^ " î jiiiîwan ^-ιηφπ i o ?
TVp^n - P I N O D*TN Ν ΓΙ .")Ν)3ΓΙ 1ΠΝ ptKSn T1?"|3 ty
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 no ρ
«Vpio Νίπψ ΝΠ . n ^ V E ? ΐ>ΐΠ\ί>> I1"!* nt
.Π3 Ni? ñ> VVO NÌD) Ί β Ν Γ Ι ΗΪψ TIÜV >31 I O N .îjnNO
ΪΗ'ΪΨ ^Nii? 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

HALAKHAH 8 129
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.
236 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
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 Some Medieval a u t h o r s (e. g.
However, originally the d e f i n i t i o n 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 (ρη··!), t h e intro-
exist benedictions, those of Musaph of ductory paragraph. This reading would
Rosh Hashanah, all prayers of Yom explain the seemingly redundant
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. 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 The benedictions not mentioned
238 The last benediction was may be enlarged by poctic insertions
originally only "Praise to You, o Lord, but do not have to be long.
King of the Universe, Who is good and 241 With poetic or Biblical in-
does good" (Talmid Rabbenu Yonah, sertions.
Alf assi Berakhot 36a). The extensions 242 Since the next six benedictions
that today make the benediction short are not mentioned in this baraita.
in form but long in text are mainly of 243 Of the everyday prayers. One
Babylonian origin; cf. the discussion in has to assume that Rebbi Yose would
the author's The Scholar's Haggadah, classify the ρ η ρ insertions on Purim as
pp. 358-359. short.
239 One of the twin sons of Rebbi
.«lito n ^ n r i o n i n r n .«in?·) i w i ó a i n a vnoivrç» r i t a n ? totf
3 1 3 p n ? > >an ,nw> ÌJIÌN γ ΐ φ ν r o ^ u i r o ñ a b a ï y n n i w n
ν«ό nD-53i «ιίυ ï y n o i w i n s >i> 13 y v i n » >3") o w 3
η > 13 yyihn> >31 0 W 3 ή η > ρ > 3 i .Γοη τ 3ΐ «po') r o * u ì r q y r ^
>n>ï NOVO >NO .iji£>3jr!?3 o>!?wç κ ι η ψ 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 ^ * Π 3 ρ >}?>)?
244
These are the benedictions for which one bows down : 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
HALAKHAH 8 131
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 "Shield of Abraham."
r e c i t a t i o n of t h e Shema' and its 246 E i t h e r b e c a u s e he i m i t a t e s
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
eighteen benedictions of t h e Amidah, or because he is o s t e n t a t i o u s in his
the subject of Chapters 3 and 4. In the religiosity, an objectionable behavior.
Babli, the place of this discussion is in 247 One of the students of R. Joshua
Chap. 4, p. 34a. T h e reason that t h e ben Levi in the early Talmudic period.
subject is taken up in this context in 248 It seems that the statements of
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. (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 p r a y e r of Rosh Hashanah,
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, because with i n c r e a s i n g
245 At the very start of Shemone earthly power comes the need f o r
Esre and b e f o r e the benediction increasing submission to God.)
»31 Π Ν Ί ζ Ι N i l . N>>0 D D n ? ΝVI I t >N"| D ^ n p N ' i l Η >N
. N a i n ? Ν ί η η ρ ρ η >3") n y n ? η κ η ο » P ' P ">3 .NS"ÌW) η ο ρ η

249
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 in t h e Babli
supporting oneself not on two hands (Megillah 22b, also Berakhot 34b) calls
but only on two f i n g e r s . This m'p, "falling on one's face".
250
*V?N .-Tjaiy r v n o n i ? i p-fî -pjr, >3-, niovu?
ν ή ρ ο η n>a iao3> κ ^ ψ ì ^ n ο ? 9 ? 3 JO>3N ">3 >3">
.DÙ3
251
(1 Kings 8:54) "His hands raised to Heaven." 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 He seems to emphasize that
(adj.). Solomon raised his "open hands", not
251 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.
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 p^v7 i ? πψ >a->
n > n i > >3*1 DW3 i j n v >3*1 DW? pv>pv> >3"i i 3 > o ' 3 Ί W V NÎ
N n n n i n P f c H n>N"| >N»>P >3·) 0W3 N>»n >3-» >3"! ογ>3 » o v o »3"»

HALAKHAH 8 122
->w π ί η 3 γ ή π η nibif n i n a r r î r ç γ η π iÇy onio >si ο γ ή

wjjop O>TM? η>η>ρ JI>wni3 " « ν oîyn >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 ? J m i n > ν?>>η « N y 7^ «OJN D>7ÌO 3Ί_ ο ψ 3 NI?Î
,
-13 !?íoov> 3 Ί . n i h n i n n ì w * π π ν 7 m n>79 ιψΝΐ 71? ηηφίΝ
>η> D-J133I t > 7>?ψ> Π Π ^ ΝΠΝ >3Ί ΟΥή Ν>5>Ν
l i O j p p n y «>Γΐί3Ν >Γ0Ν1 * Impipo lian
Tiv VN") CPOm N>)p1 0>?Ì33 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) 0>>>ηρΐ 7^ 13Π3Ν OHIO W l ^ N nnyi tt p*.n>ì
lîçjp ^P 0 ? ·>η * η η ο Ν τ ι οηηΓίνη
V?37 l l ^ '37 .niNiinn Î7N * nriN 7 n s 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; praised are You, o Eternal, God of
thanksgiving. 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- quoted as a Tanna. His opinion is the
ation in Israel who occasionally is only one given here, to the effect that
HALAKHAH 8 135
one has to bow down at modim. 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 A Tanna of the last generation,
Israel, f a l l i n g on o n e ' s k n e e s was student of R. Yehudah ben Batyra.
always strictly f o r b i d d e n since t h e i r 257 One of the first Tannai'm with
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 The collective of scholars in the
forbidden. In B a b y l o n i a , where Yeshivah.
synagogues w e r e brick with hardened 259 An Israeli Amora who received
dirt floors, falling on one's knees was his training in the Babylonian academy
permitted. of Rav.
254 Qeroba is the cantor, the n'Vw 260 A student of Rebbi Aha, Israeli
nia'x, w h o p r e s e n t s his own p o e t i c Amora of the fourth generation. The
offering of t h e p r a y e r , t h e 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, as noted here is from the Rome manuscript. In
by L. G i n z b e r g . nao h e r e seems to the Venice print it appears as Mina, at
m e a n "to b e a t t e n t i v e " , as in the 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
exclamation b e f o r e t h e qiddush nao appears as Ina, Idi, Bina, Yonah, Yanna,
"please pay attention". Yannai. T h e f o u r t h g e n e r a t i o n of
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 h e r e , so he c o u l d end his through the first persecutions 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 making to abandon the work on the Jerusalem
aliyah f r o m Babylonia to Israel. The Talmud.
Babli (Sota 40a) also reports very short 261 A contemporary of Rebbi who
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. 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 Statement of Rav Papa in Babli
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, Ktav 1992, Etymolo- lonia) had good precedent for his
gisches Lexikon der jüdischen 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
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 .qioD >>? •>·> nnpNri ba N ^ navnn
•pay JVP07 N n _ 3 r £ -»ON N S - U i j i r r
N3 . n p i w Π3ΠΝ rp-ia .>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 .<LPIT OWN TIN
N>TD NIN I!?N I H N >31 Ι Ώ Ν ,ΝΙΠ πη>3 Ν£Ν Ν-ΑΠΥΑ NB >ΟΝ
η^Ψ m Dlip . 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

HALAKHAH 8 122
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 should bow down enough so t h a t all

text of t h e p r i v a t e p r a y e r during bones of one's s p i n e a r e m o v e d in
modim, the discussion now returns to 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 Hanan bar Abba a p p e a r s in the
twice at the beginning and the end of Babli as Rav Hanan bar Rava, son-in-
the Amidah. law of Rav and father-in-law of Rav
264 Arabic lirin ,]rnn "large lizard". Hisda. He disagrees with those w h o
Tosafot Berakhot 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). In t h e ment in terms of the first benediction
Wilna T a l m u d Babli, t h e word was of Shemone Esreh w h i c h s t a r t s and
changed to x a i n n following our text. ends with "Praised a r e You, Hashem",
In t h e Targum Yerushalmi (Pseudo- but his statement is a p p l i c a b l e to all
Jonathan), t h e t r a n s l a t i o n of ax is other situations, that one never should
Kii-nn. 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 Since Rebbi Ammi and R e b b i
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 con-
as "turtle" as in l a t e B i b l i c a l and temporaries, R. Abun h e r e is the first,
modern Hebrew. 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. He r e q u i r e s that one authority.
138 CHAPTER ONE
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 >ai
-»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-» .'an
,-iyi " 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. This
of the generation of Rebbi. Since is the interpretation ol Maimonides
Rebbi Yohanan did know Rebbi Samuel (Hilkhot Tefillah 9:4, see Kesef
bar Nathan in his old age, it follows Mishneh on that text).
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. This does preferred, position.
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
HALAKHAH 8 139
269 This s t a t e m e n t e x i s t s in t w o form otherwise is taken f o r g r a n t e d .

additional versions. In t h e Babli T h e main d i f f e r e n c e b e t w e e n the
(Berakhot 46a) it reads: 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 a f t e r Shema', is
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'. In t h e b e f o r e Shema' but f o r t h e B a b l i it
Tosephta (Berakhot 1:9) it reads: All needs special mention. The
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
The versions of the T o s e p h t a and (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
t h e Babli a r e e s s e n t i a l l y identical, Psalms and Hallel) 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 for the execution of a the next paragraph is therefore
mitzwah and f o r e a t i n g f o o d , w h o s e impossible for the Babli.
ny>?!{» O N ·)3ην t m ,Ν>η rfriN? n m n>n-p r n n>nn
. n a i o nrp_ n p v >pip n o v >5 3>rin , n s > n p p n n > a a
n n * · ) Nin!? η η κ n a n o>rrç> -ION
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 . 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 has redeemed us and has
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
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. The text
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
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. Then we shall thank You benediction which under 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
author's The Scholar's Haggadah, 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 Pesahim 9:1, fol. 37c. In Galilee 273 A statement of Rava in Babli
there existed congregations which were Pesahim 117b notes that the bene-
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 is Vx-iur· Vxj but
entire Haggadah at home. For these that in the Amidah prayer is blow''
people it was instituted that Hallel The same formulation, Vm®' Vkj, is
should be recited in the synagogue found in the Mishnah Pesahim and is
after evening prayers (with its followed by the Haggadah texts with
HALAKHAH 8 141
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. Since the text con- tonto?, a pa'el form of the present [cf. S.
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 Scholar's
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··
-• τ : •
νκλ
- »
Hence,* identical (con-
[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
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 their prayer texts follow
The very conservative Yemenite Yerushalmi sources.
lin-) ï n a p >
?Ί ">3 N I 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 and 275 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 Pesahim though he spent his life in Galilee.
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". This the question is parallel to that asked
introductory p a r a g r a p h is recited only for the concluding paragraphs of
when at least t h r e e people a r e eating "redemption" and Qiddush. The lack of
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 .i'unni ηίυη n n
.Γηιηρ> 2>ρηΓη , ι η η ο η .rpvpnn·) n i o n n ^ p D
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 . 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 theless s t a r t s with " P r a i s e d " . The
clearly follows t h e t h i r d but n e v e r - answer is that the first three sections
HALAKHAH 8 142
278 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". The Grace.
answer is that the first three sections
oi»n v ^ v ""V3P π π ί ν ή a\¿n> n>n ο κ ψ ,ιόπ ,n\jmp κ η
3 3 J T b - o o o i o N j n >a-> -»ON . r í a l o ΝΠ) .laari n a » a i a t n w ί3>κψ
.*jroa oriin ύ η ο n r t a ? 10a Oí)ís üa\?p ,νιπ
. t p - α ? ·)ζΐ3 oriin - } ^ n a a i n a n r i i a nao®
There is Qiddush279. 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 sentence again starts with "praised."
the b e n e d i c t i o n over wine (or over 280 Greek τύπος, "pattern, model,
bread) and, nevertheless, starts with prescribed form". Rebbi Mana was a
"Praised". The answer is that Qiddush student of Rebbi Yudan who uses the
during a meal does not r e q u i r e the Hebrew vaoo "coin" for "form". The
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 Arukh the Men of t h e G r e a t 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 IH»?
>3-1 DON Jinnî Drim l ì m n u - i y ì y " ν ^ ί η Jinnâ
li»* >>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 iniii
281
All benedictions after their seals ; 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 .
281 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.
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 "They" are the members of did not do his duty. If in the evening
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. But if h e "seal" is unimportant; the text of t 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 ben Habib
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
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 for
e v e r y t h i n g is O.K. if only t h e f i n a l Havdalah [and in t h e Yerushalmi the
doxology is c o r r e c t . But t h e Yeru- treatment 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 Askari.] Most Medieval
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
himself in the middle, and remembered Babli to all longer benedictions.
in time to close with the correct text. 285 Ezra Fleischer (Tarbiz 41, p. 450)
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. They determined 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 Amidah, of t h e o r i g i n a l G a l i l e a n minhag 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). The "seal". For e x a m p l e , in G r a c e , t h e
question is whether, in addition to the verses were Ps. 145:16, Deut. 8:10, Ps.
contents, the M e n of the Great 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 in t h e first
( f o l l o w i n g t h e B a b l i ) or a l s o the benediction for Shema' in all 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. only a c c e p t a b l e p l a c e l o r a Biblical
E l e a z a r A s k a r i e x p l a i n s that Rebbi 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.
>*)Γ) n n î v l a in 1 ? "»ON .rvö^ on*»? » rove
Ì 2 π ψ - π ψ "TV o?*!*» -»οντιΨ
ÎP? te On*)? 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 Haggadah 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 Maimonides and the Rebbi Eleazar ben Azariah. The most
Yemenite Haggadot. Nevertheless, the likely interpretation is that the Israeli
phrase cannot refer to the discussion at Haggadah, but not the Mishnah, read
HALAKHAH 9 147
"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 instead of the text whether the benediction was instituted
before him. For a similar occurrence as a R a b b i n i c ordinance or was
in the Septuagint, s e e The Scholar's formulated in fulfillment of a Biblical
Haggadah, p. 257-258. commandment.
288 Everybody agrees that the third 289 A mystic of the first generation
benediction of the Shema' and t h e 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 . i n i ì !?>ηιρπ o n i "»?N»Ì ΐ ^ η η ? Ν!? ι^π
ο?"!*» 290 N D m i j a n b u N i » > 3 ρ η > ) τ ι η .-»pia ύ > Ν Ί
unnpì o n s p p 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 N3
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 nnin> on^y n>io
•OV3 t Ù y >ni3 Í3>N "l)pN»ì θί»1 Ν ^
There 2 9 1 they say one should not start wayyomer292 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 A baraita disagrees with the
rabbis there: Wayyomer is used only during daytime. The entire section
of wayyomer is used only during daytime 296 .

148 CHAPTER ONE
290 «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 in the next
Galilean jon section seems to imply that one does
291 "There"always means Babylonia; not mention the third section at all,
"here" is the Land of Israel. against Israeli practice.
292 The third section of the Shema', 295 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'. It is the answer to the
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. The text in the Babli is
to mention the Exodus, the last words longer.
of the last verse. 296 But in the night one recites only
294 Both R. David Oppenheim and first and last verses.
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.
HALAKHAH 9 149
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 ? ™ ? ^ Ρ
.οπϊττ ι ^ ? n o i ' > 5 1 . i o n i l ^ l ? DON >?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 they speak to his son in has not been recorded.
Babylonian Aramaic. 301 He tended to follow the stricter
300 Both Rebbis Hizqiah and Yose Babylonian rules, cf. later Halakhah
are from the fourth generation, 8:7, fol. 12c.
students of Rebbis Jeremiah and Haï
>?1 .a>s>i Ji)?N3 o n s n γιν>3> rjns y ç y η κ N i i p n >μί
OÍ J i ü > 1 í ? p i * οηρίΝ onnN , j v d > £ n a n > ^ n > - p i * -»OÍN
-J>1^1 1^13 JII* i > ? ? n > r p i * ">!?ÍN 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' in t h e m o r n i n g m u s t
m e n t i o n the E x o d u s in Emet veyaziv. 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 rnin -psî - i p i N >t> >a-i ο γ ) ? p o > p r a n
νηί-ήιη η>ρψ> - m y a n o o a o o?ia j m * ) N o o ^ lïi»i o y \ ? n o .iriiN
t O y \ h >qi<3 r i ñ a o n >3-1 o v a ν π ν Na snSxv
o n H^H r a n n&N .ìniN "inno*? - r n 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 the required topics were
in d i f f e r e n t order. The Amorai'c text introduced by Amoraïm (that is quite
of the Yerushalmi is in 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 . The 305 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." The
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. The first a u t h o r i t y of Shulhan Arukh, cf. The
statement is attributed to an otherwise Scholar's Haggadah, p. 357-358.
unknown Tanna Nahum the elder. The 306 In t h e text, not in t h e f i n a l
s t a t e m e n t of R. Joshua ben Levi is sentence.
attributed to Rebbi Yose (ben
n w v ? "VPN >i> > - n .rwii? C H I N on*UN> i o i p n I O N »095? nj
γργπ .n^vîi n . D c n n N q p v ) n * -riy í o ¡ ? > (foi. 4a) .nwyri n V )
. D ' u n iniN n^VT2tn n p ? ? n r j η η ' Γ ΐ π . n w y a n r ? D n * U N qnrçj
Ο Ί 3 Ν Nirrç; i v y -en?*? -ιψΝ o > n ^ n * ion rmN
.in τm : n~ nτ
Bar Q a p p a r a 3 0 7 said: 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
positive c o m m a n d m e n t . 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
commandment. (Gen. 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 reads »nop na w n "Bar Qappara

generation of t r a n s f e r between preached", an Amoraïc statement. (It
Tannaïm and A m o r a ï m . In the also seems that Rebbi Eliezer, who
Yerushalmi his words are presented as completes the statement of Bar Qap-
those of an Amora. The place was para in the Babli in parallel to Rebbi
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 .nwyi - a i y η ψ Γηψ> ί α ί ρ η π η ρ τ - )
ιρν? 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
HALAKHAH 9 152
directed to Abraham alone. him Jacob even a f t e r he received his

309 Since the Torah continues to call new name of Israel.
. 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 n ^
p n s ? i N i p Nìn r j m v m p n p n y .yaya i n w iniiyi í ^ n
pns> .in i!?>nì ν τ > ύ n t y *ry w i p ? i .ρη*? Ι η ψ rus n í o p · )
r p r p i tJNvnv1 ρη>η ί η ψ UN riN-jpi pn*> , η η ^ γ ή in»yiN> ϊη^Φ)
,ίοψ ι η ^ Ν * i n ι ^ ύ ία n a n ιη»\ί>ίό 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 but
Solomon to his son and Nathan called prophetically pre-ordained.
him Yedidiah after his birth; it is clear
Nia!? o n i y o j i í o s p "V^n!? m vi'^V i?
>?? t i n n!?yn * >n *riy h^ * o i n í o > n 3 o>»> oy\? n o i
n>3 y i ! riis N>an I ^ N Ì n ^ y n * ON o n * » > q N o i>N"iy>>

154 CHAPTER ONE
loin NbN o n i o ? ιρν'Ψ ^ ^ f t ."pas >ρΝ» Í7ÍO\¡>>

"TÍV qjpv* DOW Ν1Π p i n}>ao ij7>y ni»?>o .niolpo
η ο ί η apy> apy? HÏ η ® inqty? ON >? apy ; ?
jiiîiwNi n a t i i n o w ν ι π p i . b a o apy>·) "»p'V .îwnty? by
f i v i D n ^ i y >3?n .JIÎ»?>®D iwiaîin ïii»3i»7p"j D ^ n ^ r i tàw

1 1 1 3 l ^ n p n>m> n ç v t n a i n nj?> ^ ψ η b y tt n n ^ n n n y
>*)ΝΓΙ ία v?3 ïï? ΊΠΝ"! DWV>? ^>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 a general term for the sufferings of the
nnVe "subjugation by alien kingdoms," Jewish people inflicted by Gentiles.
M I Ρ Π>Η >3\Y ΡΗΟ
ΟΝΙ Ν*> IA> i p ON ΝΊΤΡ»Η YNM RNIRQ Ν-ΙΊΡ Π>Η ·Μ RUTE»» (foi. 4a)
>)?)? T?NÌY> VSOIOÌ ^W?1» *ΤΪΗ3Π >53)? !?NW N3> N> ÎN£
ΠΝ-|»Η >390 Ï H W ">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 commandment of reading the Shema'.

Shema'. 3 Of the Shema'.
2 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 .
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
HALAKHAH1 m
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. See Ezra
recitation of Shema', with a full heart Fleischer, nVon 'amai nV'en
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 The paragraph has been explained
years later than the t e x t of the as parallel to the Babli (1 lb-12a) by R.
Yerushalmi, they show that recitation Solomon ben Adrat (Rashba) in his
of Shema' was then still considered an responsa, vol. 1, no 319.
i 3 > nht ΠΤ3 Ν ΐ η ψ j^N i j o i n ON n o i > >3-» - i o n
î p - t t Γ)ΓΙ3>3ΓΙ N > 7 35 ï y η * Ν3ΓΙ1 ΠΓΙ3>3ΓΙ ϋ>Ν·) ·|13>Γ1Π . l ^ D ?
>ηκ >3*1 N i n ι » η ρ ν ρ ψ ^ -ì^3? 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 Shema'5.
They objected: 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
statement?6 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'. As
concentration on what one recites for seen at the end of this paragraph, this
benedictions before and after Shema', is not the rule.
158 CHAPTER T W O
6 In the Mishnah, it is assumed that of baraitot, in the Yeshivah of Rebbi

one may recite t h e several sections of Hiyya. He belongs to t h e generation
the Shema' separately since t h e y a r e between Tannaïm and Amoraïm. His
written at different places in the Torah statement, Tosephta Berakhot 2:2 (Babli
scroll. Since t h e Mishnah does not Berakhot 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 Rebbi Abba is not the Tosephta, t h e n a m e is c o r r e c t l y
justified. Rebbi Ahai. Rebbi Aha is an Amora of
7 The argument would be good only the fourth generation.)
if the statement of Rebbi Yose w e r e 9 The third paragraph is not included
true. in the discussion since it is not recited
8 Rebbi Ahai was "Tanna", collector in the evening prayers.
n ^ n n s ^ nn-^D ίθ>3η p n ? p i n n i ήν)ϊ·α p - \ ? p a njo
>3Wi[i"| *T>n>> p v y N n n >1-» .τηκ top? tO rmyp .na nina
>îwrii .TÌO>TI> i m a m ."nanfc
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 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
HALAKHAH1 159
(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? "»5* "»3
•1Ì5>W> l ^ N l 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 between the more
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 Meaning, "memorize".
first verse, Deut. 6:4, must be recited
iïD>n "jn? i n m y r m r p α ϊ ηρί> α*ι n i x >3*1 r m n >a*i
. t o i y :j!?n>p r v n ON . 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 The most influential of all

Yehudah that the entire first paragraph students of Samuel.
requires concentrated attention.
->a o i r j j o i u .'-ta " n i n i I Ç N api»? "»3 l>?n5 a i tnâ >?ri
>ai . 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> .pap ^ - I N Ç γρπ
. o ^ i y n riinr» yanrçyi T ) ^
16
It was stated: One has to prolong "is One". Ra ν Nahman bar Jacob
said: But only at the daleth,17 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

of Shema'. 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.
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. (Even t h e m a s t e r s of t h e avail.)
M a s s o r a h t r i e d to c o u n t e r a c t this 18 A Tanna, student of Rebbi Mei'r.
Ί©ΙΝΙ r i o > n tny v t y t n p p N » n >a*V? an
nìD>)o v ^ v b a p p κηη ' n i a * ï y a>rp n > j > o n n i p n>>
ΓΡ> N>T? DON . O N * ) ? TIN>SI> I N * Ύ>Νΐ (foi. 4b) ΓΡ>
ηϊ ρ κ ψ r n p N Ν"τη ττ>> ϊπψ >çvao r n ,π^ο ΗΪΊ
.αη)}ψ) w Π?ΓΙ> K I N ΓΡ> -ÎÇN .*N>A Ι ΐ \ Ώ Θ Ζ ) p i o a ηϊη NJP
Rav asked Rebbi Hiyya: 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 20 Turn his words to the Exodus. In

13b. It seems that Rebbi s t a r t e d his 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', and did not mention the Exodus.
continued until it was too late to recite 21 An Israeli Amora of the f o u r t h
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 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 While he was covering his face he
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.
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
τ¡ m " Maτ > a i . i r m
τ n >*τ> nü>
ττ N^J γ ^τ ό TIN n i i p 'i :j · ·n· s:
,>t>>!wn
• γ - >oi>
" nv¿ τ ν ητ τ ν » n o w n - w-TV
o w n ">η-TV n w N3>n
τ ·
24
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 This author, whose name appears
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 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 and the reading of the Esther scroll.
26 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
HALAKHAH 1 m
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 shofar. different rules.
The Yerushalmi d i f f e r s f r o m the Babli
ji>a> " p p > o 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
>?-> -ION η ί ν ψ ν ν π I V 1V9V i"ì o y ? N)ìn a i ^ V P ^ I an
>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 ονη ίο ì^îf pnv
t i n d í o JinN n j p p n . n ì ì i r i N n n o w ? 7>-)$ n n .niWion 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 . R e b b i Z e ï r a said: W h e n I w a s t h e r e ,
this w a s a p r o b l e m f o r m e 3 1 . 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 . But o n l y if o n e heard it in the correct
order 3 4 . 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 This must have been a f t e r t h e
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
164 CHAPTER T W O
have Klin a i o v a win an "Rav Huna in 34 T h e basic obligation is to h e a r

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 If o n e h e a r d t h e n i n e s o u n d s by a straight note. [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 , Rebbi
his duty. Abbahu in the administrative c e n t e r of
31 W h e t h e r the rule of interruptions Caesarea, where Jews from many
applies to the blowing of the Shofar or different places came 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 He is c a l l e d Rebbi Assi in t h e two sounds together.]
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 Shofar"
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 the
Yohanan. Both w e r e Cohanim. Shofar"·, h e n c e , it is t h e personal
33 As mentioned e a r l i e r , this is the obligation of each listener and does not
statement quoted in the Babli (Megillah depend on the intention of the blower.
18b, Rosh Hashanah 34b).
r p ^ t o - μ n > r ó : m ίΟη i o n n ^ t o - p i nnp ><>>η - ο v i n >3-»
ÍN P'PSîÎ) ΐ ϊ π ΐ η ψ ^ Ψ pupari .Ν>η Ν"*)
.NKip? νύ^γιο)? noriia > - η 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.
HALAKHAH 1 165
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? T h e question remains
37 Since we have decided that one unanswered.
has to start anew if he interrupted long 39 A Galilean A m o r a of t h e last
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 Megillah
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 ? The his c o m m e n t a r y to t h e M i s h n a h in
question remains unanswered. Berakhot.]
38 Do separate interruptions count as
JiiN^jp? -α^π VB^ >")i? K W I V?? ìttjn
n ? j w p>p?ç o n m ì d s n n>> "»on . ' j o i n >*r> n w p>£>? p ^ o s n i
. î j n i i n >*τ> 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
J e w s in I s r a e l b e f o r e t h e Roman Babli Rosh Hashanah 34b, where,
authorities. 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 W h e r e it is f o r b i d d e n to study ruption one has to start anew.
166 CHAPTER TWO
ν ή ν η N 3 N 1 ν ? ? n>> i ç n .H}*, n a l i y p w >a-i> N"}pa>? P ^ V
n>)?-}> >a-i .pis ^ 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 ^ l l V?? '3Ί 'ioip
w w a s t n>> - « o n n i n u i w n w r i y ·)>?? w ^ Hin Njj^pa
n n p a V? 1 !?? π ι ο η ν n i - i n i N i 3 n i > >a-> . n ^ n n i N 'ai
«V»n η ' ρ η φ η J i N n p a i t?aN .o>p-j3 o>piTp 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. Even though he was 43 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. He o f t e n 44 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 Since t h e r e is no other way he
Babli, Rosh Hashanah 34b, accepts as could f u l f i l l his o b l i g a t i o n he could
HALAKHAH1 167
claim an exemption from the general duty.

rule because of Mix, an act of God. 47 That after a long interruption one
46 Rebbis Yohanan and Eleazar, has to start from the beginning again.
concerning whether a person 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.
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 y
Ninw•? >03 w i n " o ü w a ! w w n» .>3n-
>3γπ ν "τ Γ) ί ο τ ί ν ι . r n i r n lìtpta Νίπψ >ηι -ρ-ι* ο ι ν Ψ r n p N
.yi-ip!? 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 Ν1Π Πφ?)
>3*1 OW3 Ν i n 1 3 -13 Ν3Ν .ί*1>3Γ£ D I N 1>3 >73 >)> 13 ywin>
.>37 vty Ο^ψ ^ 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 . Abba bar bar
51
Hana 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 be
of what it means to interrupt "to greet required to mourn. He must tear his
somebody out of respect." clothes after the person's death. In the
49 A similar but more e x p l i c i t case discussed here, he tore his clothes,
bardita is found in Babli Nedarim 87a. 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 He appears in the Babli as Rabba
teacher." This is the s t a n d a r d of bar bar Hana; his f a t h e r Rabba bar
behavior for a student. Hana was a nephew of Riiv.
50 The greeting of a person to his 52 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 ^ r p n r n p n DID >3*1
N^T Ν"τη T>3i» pin N n ->ON . ^ » ΐ ρ ρ Ίουρι
v v n ? " P ^ N η ? n>> -»ON N n y i n y j I O N N^H N i n i .'»toyn
>n .ìNanji o n y a W 7 ν»?'!?)? n a i i rP0^y>3 N ^ N-yjrç
-»ONI
- τ:v m
- Τ · Τ
-»»NO nm
τ ·: NDD
τ τ n ^ -»ON
" τ .vrI*TO
r : ·
n>3 τ η~ >on
·· τ v· o· ^: n~ ot
,ni>py η>ηψ i o n n y w y ϊ κ χ η ψ >3*17 rpovy ρ κπ^οψ
it? I O N .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 W7,?
>0P1 ' i o i p -Ó3V N!?1S ,-|p>N PP> DO D>> "»ON η.ί1Γ)Ν
1 3 3 p i | > '3") i o n . r p n i p - a y ΗΪΊ >?*> " n y 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
HALAKHAH 1 169
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 . M a y o n e pass b y a
c u r s e d 5 7 statue? 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 acquire any rabbinic title. T h e second
that t h e o b l i g a t i o n to g r e e t one's 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 2:6, Moëd qatan 3:2,
section. A psalm is q u o t e d t h e r e to the word is ' i n * "cursed".
support Rebbi Yohanan's position 58 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 Rebbi Jacob bar (di points out
54 The names here do not seem to be that one avoids only important people
correctly transmitted. 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 The title "Rebbi" is missing in the
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.
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-}? on3>a >an . o ' o b i y ΐ ^ η κ α
> R A A > Ρ Ψ B Y V">>?N5 ^ A I ROW ΤΗ -«ON N ^ >Π Κ Ι Η Ψ
n y i o y "»ÖW^·^? Nnn? i a .n>> N>}n>? .niwnjjp ni»pj?
>Ji9V> a a i i o y \ ? n £ i o v ïiiwrjVï i ^ i n a v r n p i N oyyp

Τ Η L I N > 0 >!->"! > N 3 3 -13 Π3>3ΓΙ > 3 1 .VL?>N)0 Ν1Γ)Ψ D ' I D J I D T N "TTPTA?
αϊ IN p>ny ~>nn >πψ7 v i · ? ? "i)?N n n n ] ."poîp 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. In the
refer the verse to the Future World parallels in the Babli (Yebamot 96b,
since it directly refers to the earthly Sanhédrin 90b, Bekhorot 31b) the
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

HALAKHAH1 111
them Simeon Nazira who probably was nezirul is permanent.)

the father of Levi, the son of the Nazir 64 A colleague of Rebbi Simon and
who is quoted here. (The Naiir may Rebbi Abbahu, equally outstanding in
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. Since t h e wine" from Latin conditura "condiment,
destruction of the Temple, any vow of spice.")
vrmtoq v n pwiy -»inri >*>-»«> v n n o ia "ρκψ -»in VN

Nini -ïï>i> * >ri)p>N v i i p o n τί>ι jiç>n τ η i ï mpiN·» 117
ηηψ ^ J / NÎI> >3tpy?n> ν ί ^ β ψ >£> ï y IN IOÎN
>3903 Ί 2 ^ΝΙΟψ ΊΟΗ .;[>)?> 1M>»p> >3 n>ni * n»3 >> o n j p i N ?
713ÌO >3>N Γ φ 0 >3Çf 0>N>>? D>>?> "TVT *m> Ν1Π Tpl} WTÔ
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 CHAPTER TWO
65 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 The word ΓΡΠΙ given here is not in on his 120th birthday. It is asserted
2Samuel\ the quote starts with the here that David also lived complete
second word. years; his age is never indicated in
67 This is one of the blessings Tanakh.
bestowed at Mount Sinai on the Jewish
ν ι π πιο "man !?nìw o > p - j ? a i Npvfl
ΠΝ-ΡίΊ V^JpNll Ν1Γ) •)>? ΐ Ο ψ Ρ ψ } . ΐ ί 2 3 Π >330 ÍN ΠίΟ»ΪΊ
6R
"mSTl >??)? Î7NW Ν ΓΙ ."PN)? >3*1 (*TÌ33n >3?)?)
n e >3«ιη Λ>ΚΟ >!-> n i l i n b o i n N * v n >3?» !?NÌW W l i i s n >3ÛO
-»jaiM η ι ι η > > ? ι ν τ γ ) ρ 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.

HALAKHAH1 m
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. Hence
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 while the second one
identical status or that t h e rules f o r presents the topic for further
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 the
those for initiating a verbal exchange. identical text are of different status.
The Babli (13b) explains the words of 71 Since in the middle of a section
Rebbi Meïr as meaning "one may start certainly more restrictive rules apply
an exchange and it goes without saying than between sections.
that one may answer", they seem to 72 Since Rebbi Meïr disagrees with
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, it
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-)> . p i o a n v^ípisp. i ^ û n î r r ç h a n y x w * Iiis
. o a -»5i!p π ι γ ή q > p ' o oa π-μ-η ηον NDìn >?-» ,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 middle of a section or even in t h e

apply only b e t w e e n v e r s e s in t h e middle of a verse?
174 CHAPTER TWO
74 The text here is not uniform. The greetings or instructions by pantomime.

Leyden m a n u s c r i p t and t h e G e n i z a h 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.
Ramban, Milhamot Hashem, 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
Chap. 2 and the authorities depending Shema' is t r a n s l a t e d "you must talk
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 The ments), but R e b b i Huna t a k e s it to
meaning is in both cases t h a t Rebbi mean "you may talk in them", i. e.,
Jeremiah did not talk but give while reciting the verses.
p i .7Voy>> r r n v i i o r o n ? "pa o>¡?-}$n ID λ roo»

-i)3N»ì p a y b y ON r p n i v a . y b y O N Tvnp vm V3
,p>p?> h^ ί)?ν»ι r m n ? >3-1
M i s h n a h 2: 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', between
Shema' 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 : (Num.
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. 1 0 : 1 0 ) "But
the Eternal is t h e true God".

HALAKHAH 3 175
78 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 "true and outstanding", is
was preacher in the Yeshivah of Rebbi irrelevant f o r t h e Y e r u s h a l m i . The
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 outstanding"'
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 majority opinion that an allows the regular interruptions there.
interruption is permitted between the 79 These are the concluding words of
last words of the Shema' and "true". Shema'.

Hence, the question asked in the Babli,
H? o n n > m > y p y τνοη% n n - i j ? 15 j r ç h n ? >2-> nioN :> mvn
yny ON r v n ) ,rm*n 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
90
Mishnah 3: Ribbi Joshua ben Qorhah 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 b e f o r e he a c c e p t s the y o k e of the
commandments. 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 known for his aggadic e v e r y w h e r e a n d at a l l t i m e s ; the
interpretations. obligation to h a v e zizit on one's
176 CHAPTER T W O
garment, expressed in the third section daytime according to most opinions,
of Shema', is a p p l i c a b l e only during
ioipi 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
31 ,ο^ψη ο'οψ roolpç ν ϊ χ ! ? 3 ρ » ψ h ? i ^ î m n i (foi. 4c) ν ο ψ j i í s
a i l .â^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 η η
H Ï 3 " ì > N y » t » ? NTI>ÍJ?0 .^SJIOI Π^Ι N l í p " ) V ^ ? ^ ΓΠΠ\?
.rm*p i ? -ioni n^nip 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' arrived, he
should move to a pure place 83 , put on tefillin, recite the Shema', and
pray". 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. Hence, the
81 The essential difference between explanation of the Babli, that Rav had
the Yerushalmi and the Babli is that in to wait until his tefillin were brought
the Yerushalmi Rav precribes that one to him while he had to recite Shema' at
should be putting on tefillin its appropriate time, is impossible in
(phylacteries) either after reciting the the Yerushalmi. But since the
entire Shema', or after reciting the first Yerushalmi quotes Rebbi Yohanan as
paragraph of Shema', w h e r e a s in the explaining t h e g e n e r a l l y accepted
Babli (14b) he is only reported to have practice, there is no practical
put on his tefillin after the recital of difference between the two Talmudim
HALAKHAH 3 177
and t h e statement of Rav can be l e f t baraita is the one a d o p t e d by R e b b i
standing without a decision on his own Yohanan.
opinion. 84 Tefillin, while mentioned in the
82 This is the reading of the Leyden first paragraph, belong to the execution
manuscript. In both Talmudim we hear of commandments. It follows that, in
that Rav and Samuel collected baraitot, the opinion of t h e Y e r u s h a l m i , Rav
tannaitic statements not made part of recommended to put on tefillin
the Mishnah. between the first and second sections
83 Since a dead person can no longer of Shema'·, otherwise, the 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. This
Halakhah that praying in a graveyard contradicts the opinion of t h e Babli as
would violate the verse (Prov. 17:5): quoted above; it e l i m i n a t e s the
"He w h o m a k e s f u n of the 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 until a f t e r t h e
pray. The order of prayer given in the recital of Shema'.
,>p3 <yn 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 Rava w e a r tefillin 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 wearing them. The the statement of R. Yannai that while
Yerushalmi does not go into d e t a i l s . w e a r i n g tefillin o n e may not h a v e
The connection with the previous text unclean thoughts.
probably is the quote that one may not

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 entire day but the Land of Israel?" seems to explain
takes them off after praying? the situation f r o m a Babylonian point
Tosaphot [Sabbat 49a] e x p l a i n : Why 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 and
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 The explanation of Tosaphot day long. But even in Babylonia in the
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 Rav
explanation of R a b b e n u Yeruham Sheshet is reported (Babli Sabbat 118b)
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 the
background. Both the Roman and the entire day, not just for a minimal time.
Byzantine governments f r o m time to 88 Hence, wearing tefillin outside of
time f o r b a d e the wearing of tefillin. times of p r a y e r may m a k e a p e r s o n
T h e r e f o r e , f r o m t h e s t a r t of the suspect of being a g a n g s t e r imper-
reconstruction of Jewish l i f e a f t e r the sonating a pious person.
war of Bar Kokhba, tefillin w e r e not
d ü o πιο .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 o i 7 n r r W ? N?i*in nt?i\?n
n>p>ri i m -p"! . N i n > p ? N \ ? » P 3 NÏ? r p i ' n v v t
. v * τi n N"
HALAKHAH 3 179
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 is a only for prayer.
body cleansed f r o m sinful thoughts, 90 This shows that before the war of
since a person recovered from sickness Bar Kokhba, the wearing of tefillin the
is a person all whose sins have been entire day in the Land of Israel was not
forgiven. It is spelled out in Midrash unheard-of.
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·) .jvjmïn τηη rpwn pnn mn
MRN I S .O>Í33B VINI!? N>N "13 N » N R N MOH
α ρ ν ί τ ϋ PC 1 ?? V^îNH i m V?» η ο
1>ΓΙ>>)? l i n ι ? · ) ,η>> ι ι η > η ο η ρ>£>5 r n r ) I D I η>η j o o i o n n
o > » £ i y n >η ϊψ ύίι^ ί ι ι ^ ίηαψ? ov ν η jiìjì-IN: - i m η>>
.tobn τ ι ύ ί - ^ ì y i i ' o n o ì n p i N Oîyn nì»iN v m ,ΗΟΊ> ty ÌDÌINI
vni >n ù i - i y o y ηυί> ìjì-INI τ η ι φ V"i>?w ^ t o y p ν η ι
nvri> ή β η VlPii"*! nis v ? i o cfciyn mmn
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.•)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. When
they were bringing them, he used to say: 96Two 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 Both tefillin. genitals and that is f o r b i d d e n as w e
92 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 become so l a r g e that they
the possibility that no garment cannot be c o v e r e d by the c o a t sleeves
s e p a r a t e s t h e h o l y tefillin f r o m his and the bad habit of praying with the

HALAKHAH 3 181
l e f t arm u n c o v e r e d has taken over Hebrew verb map , a few times also
Ashkenazic congregations.] loip, is probably from Greek κεντρόω
93 έπικάρσιον, τό, "striped garment". "to sting, vex, goad".
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 Since he went frequently, why did
95 Cf. Greek θερμασία, ή, "warmth, he have to repeat the same text over
heat.". Rebbi Yohanan would trust his and over again?
tefillin only into the hands of a reliable 99 For R. Yohanan, t h e Roman
Jewish man. government under Diocletian; for R.
96 This aggadah a p p e a r s several Mana, the Roman government under
times: T o s e p h t a Sota 4:7, Mekhilta the Christian emperors.
Beshallah 1, Babli Sota 13a. The
Ν1Γ|
Ν ί π ψ ? >-PN > 3 1 3 ov? ipnç r n .")<}>>*) T>.}>? n|
ni^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
Uli«? 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
v n i ^ o ? « V I P "^îf ïï1"1? 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 .vjPìn l i o v »
.Kin - 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." W h e n he puts t h e m
o n his head, w h a t d o e s h e s a y ? "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 third over, v. 9 introduces the commandment
benediction 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 " If t h e
the two Talmudim. It is clear that the "law" is t h a t of tefillin, o n e has to
Yerushalmi requires two separate translate "from day to day", m e a n i n g
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 one which inoperative or that it is f o r b i d d e n to
completes the action is the important wear tefillin. If the "law" is t h a t of
and c o m p l e t e one. In t h e Babli Passover, one has to t r a n s l a t e " f r o m
(Menahot 36a) it seems t h a t if both year to year." The latter m e a n i n g is
tefillin a r e put on together then only 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. [This is Sephardic traded places.
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. In the Babylonian Talmud
tefillin are available for one's arm, out (Erubin 96a), the first interpretation is
of doubt about the situation. In any 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 that of R. A q i b a . In the
second benediction is the minor one. Y e r u s h a l m i s o u r c e Mekhilta deR.
A s h k e n a z i c p r a c t i c e is an uneasy Simeon bar Yohai (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.
HALAKHAH 3 183
Aqiba belongs to t h e following be attributed to Rebbis Y o s e the

generation, the basic disagreement can Galilean and Eliezer.
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3> N! D>
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H^H U 3 N -»£>£ >>>11 JVN VH li*T|?9 Π1Γ1 .»i!?>V
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ν ^ π n it » n· Τ
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m
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.•»so ι η ^ Ν ρ rò yppop »qwip

104
Rebbi Abbahu in the name of Rebbi Eleazar : He who puts on tefillin
in the night transgresses a positive c o m m a n d m e n t . 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. But Rebbi

106
Abbahu sat studying at night with his tefillin on his head! 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 Not between his eyes, so that he
Tannai'm. was not fulfilling the commandment of
105 Meaning certain days, but not wearing them, but he had them on his
all days. head to keep them since tefillin, as
106 How can he transgress his own holy objects, have to be deposited in
184 CHAPTER TWO
safe places. Simeon bar Yohai, the first derivation is

108 We do not expect the Torah to anonymous, the second one is attributed
repeat commandments needlessly. to Rebbi Aqiba. While the discussion
109 Since Ex. 13:10 may a p p l y to here is of Amoraïm, the entire material
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 is tannai'tic.
verse is not clear. In Mekhilta deR.
a » n N i n y i TIN .DD'TIÌJ? JIN nis ο π ί Ν ·)»))? o > y ó
l > a » n 13>n r n i n - n o r r i a j m » n ο ^ ν ή .v>>£>Jia a » n r n i n - n n > n a
roi> ίηψΝΐ πη>η r>a !??>>? η η p i o l í n .i>î»£»?a
1Π2Ν r n ο ν ή n » p t n >3-1 . o > » D n in>o nV) o > > n b nbiy rm>n
.D>0Dn n>7>? i r v o n a !??>η , π η ψ ι η r o v ìnyn
W o m e n from where? (Deut. 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 A n y o n e w h o is o b l i g e d t o s t u d y
Torah is o b l i g e d f o r tefillin, 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, and did n o t t h e w i f e o f J o n a h

113
m a k e the p i l g r i m a g e t o the T e m p l e , 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. 13:10
111 T h e proof, explicit in t h e Me- speaks of tefillin and nights a r e not a
khiltot, is really from Ex. 13:9: "It shall time for tefillin, it follows that tefillin
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 shall be in your women a r e not obligated. However,
mouth, because with a strong hand the since that interpretation of v. 10 is in
Eternal led you out of Egypt." Hence, doubt, it is not used here.
only one w h o is o b l i g e d to study is 112 Saul, addressed as "Kush" in the
HALAKHAH 3 185
heading of Psalm 7. sacrifices should not be o f f e r e d .
113 Obviously, e v e r y b o d y can go to 114 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 the pilgrimage, in band.
particular for Passover. W h a t is m e a n t 115 T h e first statement, t h a t M i c h a l

h e r e is t h a t J o n a h ' s w i f e w e n t to wore tefillin and that the w i f e of Jonah
Jerusalem to b r i n g the 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 when her husband was w o m e n may e x e r c i s e all o b l i g a t i o n s
a w a y at sea or at N i n e v e h . She m a y that a r e bound to a f i x e d t i m e f r o m
bring n " » n nViv, t h e h o l o c a u s t 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 Chap.
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 in t h e B a b l i ; i. e., the
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"! N - j p n ο ψ vi' i>y)ìi> " H í p i y D I N o i p n ><m>?> o » ? ->m
Dip)? ->(it»o> H ï y r j n s i v i o v>>ari ·|Γώ , ο ί ^ ψ τό·>Ηψ içib tjns
rp-is - ρ * ! D ^ V r i ^ N v i ο ψ ν * VPVii! V l P i V n v n > >33 η ί ι ψ
Vpnjj ΐπ*ρη ,ΊΓΡ πϊψ nçit» VW V^flfl n ^ a r i i κ - j p o nnit?
i j w f o p n HÏ oy v*) rüwy o y vi> v v m > ^ p o i
ïy m\y-¡ η π ί Ν Ο Tk> Ι ψ ? ^ «»Ν . " | Γ ώ Ì3>N·)
3 p V ? "Tü ρπ>ί> - i m » ? N y > » t » ? Ν-Τ1 , ^ η - ι ρ rmiN'b?
ΓΡΓΙ r n o i n - ú n
116
It was stated : "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 and one does
not put them on. 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- rooms were used for social affairs,
ly different version is Babli Sabbat 10a. especially in large cities.
One returns to the problem discussed 118 This is the reading of the Rome
earlier that tefillin, 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 cannot but these are separately mentioned
be worn when one is naked, or in the later.
presence of naked people. Prayer and 119 The problem with the greeting
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 A Roman bathhouse was essen- 03,l?ï is permitted only under circum-
tially a sauna. 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.
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 η ^ Ν ψ >3 «IN-) >{Γη>ρ η>> - ι ώ ν n i » > a TiôDp
NO? i n n o lDïf NapiV .TINÎ* ta ΐ>Νψ >£> ï v Nton

HALAKHAH 3 187
>>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, but o n e does not trust this ruling 1 2 7 .
120 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 May one pray next to a pebble
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 excrement, 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 meantime waves covered the p e b b l e
a statement of Mar Uqba, Resh Galuta many times and it does not smell any
(Head of the Diaspora) in the time of more?
Rav. The author of the statement is 125 An Amora about whom nothing
either Rabbana Uqba, grandson of Mar more is known.
Uqba and Rav, or, more likely, Rav 126 Perhaps compare ovVb to Latin
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 8:1; Rashi
Hama). there explains the word by old French
123 Head of the Yeshivah of Ti- orel, a scarf; Arukh, 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 It is not c l e a r w h e t h e r the

sels to cover one's face with a scarf. rejection of Rebbi Jeremiah's statement
(Musaphia reads pallium, "coverlet, is from Rebbi Ammi the physician or
gown.") 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 t VN - ; , ' i o y ri3'\y l i n i ΊΨ> n^pN
η ρ τ INO ,ΝΠ>) γ ι π ν o y a 1 0 7 I N » >>3^ JI>N .ΤΙΠΝ τρα»?
Ί 3 N 3 N N)3>>Î3 > 3 1 ">£N ,>ÌÌ»V 13>N"! ΝΠ O ' O ^ f l Έ ψ T ) . ? ?
rù->DH ì o ? Π>)3-)>
Rebbi Zeïra in the n a m e of Abba bar Jeremiah 1 2 8 : 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 The tefillin. A snack is a meal
possibly the son of Rav's companion which does not involve bread. The rule
Rav Jeremiah bar Abba. From the about eating is not mentioned in the
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 Dozing is defined as "sleeping
traditional one from Tannaïm, not a and not sleeping." The Babli forbids
new amoraic ruling. In the Babli both dozing and sleeping.
(Berakhot 2 3 b , Sukkah 41b), t h e s e c o n d 131 It is also possible to read
HALAKHAH 3 189
"several times" but the discussion in the benediction is recited (at least) two
next sentence mentions "two times". times a day. The o b j e c t i o n is that
The entire sentence is a continuation of (except for a fast day) one has to eat,
the first statement of Abba bar hence one has to take off one's 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. The anwer is that some
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
Tannaïm require that one recite the agrees with Abba bar Jeremiah that for
benediction over tefillin once a day, a snack one does not have to remove
but some others say that the his tefillin.
v m
TTS τ · :
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
· ·
>ii»y 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 ."P3 >Nj? Π)Γ)
i n ? n n p - p n a N 3 n ν 9 > > p n*VVì > 3 1 ί ο ν ,ίη? inapì
nn>? H i n n n ^ . y a - p a y HÌ n ^ a p ^ j ÌND
•Ito
132
Rebbi Zeïra in the n a m e of (Rebbi) Abba [bar J e r e m i a h ] : A person
should not enter a urinal 1 3 3 with his b o o k s or tefillin in his hands. Rebbi
134
Yohanan, w h e n he had a b o o k in his hand he g a v e it to s o m e b o d y else.
W h e n his tefillin w e r e o n him, he stood in t h e m 1 3 5 . A baraita disagrees
with Abba bar Jeremiah: A m a n m a y enter a urinal w i t h his b o o k s or
tefillin in his hand. 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 In t h e Babli (Berakhot 23a), a

also is in t h e n a m e of A b b a bar book of sermons.
Jeremiah. 135 The Babli (loc. cit.) r e p o r t s that
133 R. Eleazar Askari (followed by Rebbi Y o h a n a n put t h e tefillin in a
Pene Moshe) w a n t s to i d e n t i f y t h e 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 . But t h e
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. Roman c a n a l i z a t i o n w a s
c a l l e d Koan n'a . In t h e T o s e p h t a unknown in Babylonia. Hence, the
(Sanhédrin 4:8) it is stated that a king, 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 This distinction is also reported
(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). If one takes off
rule is quoted in Babli Sanhédrin 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 in
Torah with him neither to the a designated bag or chesi so as to treat
b a t h h o u s e , nor to t h e t o i l e t , nor to them with respect. Temporary
urinate. Hence, t h e t o i l e t a n d t h e disrespect is only authorized if tefillin
"house of w a t e r " a r e two d i f f e r e n t 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 n y y ç ÍÍIÍN y v N ^ b i .vpra
inN v p D i » ? Ν η > ψ Nirr» I Ç N n v j k ο ν ή ΝΠΝ ->a i p i > ?
n a p Nin τ \ φ ."pa - p i y n u n i ? ^ ,-πον n s oi»a v*
ηψίν r m a \ ? l a v i -ion i ? y\¿iin> > 3 1 7 n n ? -13 ,γό
van ni?!? * > r p w dü\? η ç ,ia> l J J ^ i na\? ϊψ

HALAKHAH 3 191
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 hand-
breadth 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 tefillin.
137 T h e tefillin, when s o m e b o d y relating to a urinal.

was entering a toilet. In the parallel in 140 A pouch with straps so that in
the Babli (Berakhot 23a), it is not case of need one can put the tefillin in
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 in tefillin during nighttime, the counsel of
d e t a i l in t h e Babli (loc. cit.): A Rebbi Maishe is only to put the straps
prostitute found a pair of tefillin 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 tefillin
received them for her services from a hanging on its own straps (not those of
certain holy man who then committed a pouch).
suicide as a consequence of the public 141 In Babylonia. The p a r a l l e l in
scandal. the Babli (Sabbat 49a) reads: "Rebbi
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 one, Frankel points out that at the start of
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 need a of bird's wings." When he was o r d e r e d
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 . (This story
Babylonian addition. T h e story is told shows again that tefillin cases w e r e not
3
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 /gth
w a s w e a r i n g tefillin w h e n , in t h e of an inch square.)
a f t e r m a t h of t h e w a r of Bar K o k h b a , The implication of this Babylonian
w e a r i n g tefillin 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 should be
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 η>ϊρη> n a N a N a i o y > a n - I > w
>31 n j p ^ i .inwiy « η ρ l o w n r o n vty ρ π ψ ν ONI .D^ ιοί*
n a >t>i> n a l i v p w >3-)"τ n > t n ì > >ioip v n i n j v >3*11 N a n N>>n
(foi. 4d) N a n N>>n > 3 1 n>> - d o 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 I^jvoa
>? o > n n i » n î ? i n > » n a î!7>£>NI o > y \ $ h n # . ο > π η i>>mp 1 0 , * 0 3
l D > » n a Ì!?>?NV> Ί!?>Ν N £ N Π Η n » r i >?•) . n n n n i n a >PÛON N ^
-»pN»î a>3iDi ,o>»n i > ? m p iâyi o>p>i3n$ .o>nn v>np
7in>ri n o ,*ÌON> a p y > > i ρ η > > > ο π η ^ Κ ! ? >nv3V>? ">V>N > η Ν η N M V^N
>ri>wy >η>3τιηψ n ç - ^ D J i i a N b ^ ÔN 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
HALAKHAH 3 193
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 The greatest of the preachers of
relieving oneself. the first generation of Amorai'm,
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. Even Yohai.
194 CHAPTER TWO
oyfcj Π > Ν > : n '5ΓΙ JVN·) ,-iw? >?ri n>N . n v j i w n :n>V
-rcn i o .!>?)?!?>? 19 i j n v m o v a pvpyi >:n
.ron* . r o n * qiON 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 completely written and its foot
tefillin, mezuzot and Torah scrolls, not accidentally touches the following
about wearing t h e m . T h e main dis- letter, as with a slightly too long foot
cussion is in Yerushalmi Megillah 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 but acceptable letter. 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 the entire l e t t e r has to be
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 inter- situation with a letter that is hanging
p r e t a t i o n of Rashba (Solomon ben down below the line, as in t h e com-
Adrat, Responso, vol. 1, #711). bination -|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) that every letter must be 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
surrounded by white parchment. The have to be erased and rewritten.)
Yerushalmi has no equivalent statement 146 A Babylonian who became a
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 . It is a l s o Rebbi Ammi. The Rebbi Simeon here
required that a letter should be written, is Rebbi Simeon ben Laqish.
not carved out. Hence, if a l e t t e r is

HALAKHAH 3 195
y
niai cripta o i n "Tioy? ljni> ÌW*' VV· » a i
λ :pr>Nn|3 o > i ? o y n n 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
Yohanan : 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
the depth I call on You, o Eternal!"
147 These a r e t h e c o r r e c t names, noi' 'τ ο®3 Ilvo®.

appearing in the parallel in Megillah 148 It seems that the name must be
1:9 and in the Rome ms. here. The "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 Rav
in the name of the Tanna Rebbi Eliëzer Pappi, one of the successors of Rava.
ben Jacob. Venice print: 'Ί3 »vu 'τ
rjn*·) D I N -Titty? N > l i n v >a*ì o w ? liVttw o w ? >-PN ION
-ιίηψ >i~) - i o n .!?N-W> q ^ N "pan o y o nn
V a n n i N ^ v n o>£>>\?n 1 » o^Çf ï y ηψΝ?
.!?tap? ON V P î ? .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. It is r e a l l y a T o s e p h t a

appears as a statement of R. Samuel (Berakhot 2:18).
ben Nahmani in the name of Rebbi 150 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 ^ i > r i - r ç w ? qîwn - n o y ) ΝΠΝ > : η OW? " a * *U a p v ï >3"»
Ν3Ν nçN - t i n o Νπ^ιψ n>a !?ί< í o p ? Ν η ^ ψ ρ ywv ηίοψ
T1V1 η ν γρ?"!? >a*i i o n q i s n p o >γρ . : ρ - α ïï"pp)? >n>
JH>V>a i m > > nvyj n n Tiyvp inri>)p η ^ ψ ψ c h n η ψ κ .ma'?
.ijijvr?
151
Rebbi Jacob bar Abbai 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 also a statement of R. Samuel bar

generation. 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. In the Babli (loc. cit.) this is 152 I. e., when you die.
>3*1 .NiP ( n n i N τ τ η τ η N^JÌ ν η ψ m ΝΊίρη rm>»
>?-η N3> n n i N > o v >31 n > j i v T i i N 3 p i p i fop hw Ν!? UOÍN
oip)?> -mn> n y o ) í o p íO N^.ipD ν*? 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.
153 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
It seems f r o m the Halakhah 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
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 , and the 154 I. e., h e m i s p r o n o u n c e d or
Gemara two lines later treats this as slurred.
>3*η η η π ρ ρ nn p b ì ,!?(?π> n ? 7 ? ro^D 3*Ï :T n a i n
i oτ n ·s s n o- i , > o v > ·3 -· 0: Π3!?η

TT-:
r mτ n > >2-n >2-» . n oτ j τi o: d· r oτi >τ n- : >oi>
Ν » η >2-1 tú υ ι π V0V Ν ^ " ρ ^ ΐ ψ η ? " ! ? ΓΟ^Π a i to>ο>
ï y p j p ί η υ ν ρ η ? ! ? ΓΟ^Γ) DO>O> ρ ο ί ο } "VNO r n 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 This is also the position of the
s t u d e n t of R e b b i Yohanan. The Babli, Erubin 46b. It follows that 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 In t h e Babli (loc. cit.), Rebbi
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. Since t h e
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.
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, because in general the 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. However,
points of view is frowned upon.] there is no textual support f o r such a
156 Here, the Yerushalmi uses the theory.
Mishnah w i t h o u t t h e c l a u s e which Practice follows Rebbi Yose e v e n
identifies Rebbi Yehudah as the author. against Rebbi Mei'r; hence, the
An a n o n y m o u s statement in the statement of Rav is necessary f o r the
Mishnah gives t h e consensus of t h e first part of the Mishnah.
HALAKHAH 4 199
>ov >3*1 V7»>n ,>pi> >3i> >»> nî ^ri
-ìpiN >3*11 iiw!? ρ ρ ψ η N ^ l V ç y 13W?
nio i3>ir) >pv >3*1 ->&ν .nvi >pi> ronn : n don .ns>
IP 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? For Rebbi Y o s e ! For
which statement of Rebbi Yose? For that which w e have stated: " H e w h o
recites the Shema' 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." Rav
Mattanah 1 6 0 said: That formulation is Rebbi Yose's. 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 prayer. o b l i g a t i o n of r e a d i n g the Megillah if
160 This paragraph and the 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 2:4: " T h e Megillah is i d e n t i c a l w i i h the o p i n i o n
insane, the d e a f and dumb, and minors of Rebbi Yose in Berakhot. The
cannot read the Megillah ( f o r others)". practice, therefore, 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 preceding
w h o cannot talk, but a deaf person w h o paragraph.
cannot hear. Since the Mishnah is 161 The A m o r a , one of the com-
anonymous, it must be the consensus of pilers of the Jerusalem Talmud,
the Sages that o n e cannot f u l f i l l t h e

200 CHAPTER TWO
.Γφη> NJV3JU3 .N>n ytty i n ^ n .Vinn I N ? Ν ^ τ ρ η 3 7 -IION
-içn ,·>ρν n>îtt D i o n e a Nipn 37 ni>7 N7?t>o>p >pi> >37 i ç n

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 Nî N3j>>nnN NJW>>?D lâïi 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: "Five c a t e g o r i e s of
who had to m e m o r i z e "insane and people cannot consecrate terumah and
minors" a u t o m a t i c a l l y c h a n g e d 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 Megillah owner, and a non-Jew." 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 noi consecrate
164 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 . Only a the blind, those impure by emission of

HALAKHAH 4 201
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, has
who is not legally capable of acting but to be formulated separately and could
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 The case of the deaf who is able inclusion of the deaf-but-not-speechless
to speak. in the second group.
166 Hence, the second Mishnah in
USO .m T n>? 0 9 7 1 N I .qiic? η ψ ν ty ^ , ρ ν τ ρ τ i n * t>H
->ψΝΙ Ν Π Ν m ο ν ή Μ>3Γ) >3"» , η ρ ο ? ^ >319
These need careful attention: al-lëvàvëkhâ, al-lëvavkhem, ésev
bësâdëkhà, waävadtem mëhëfâh, hakkänäph petti, etkhem mèerez167.
Rebbi H a n i n a in the n a m e of Rebbi Aha: âser nisBa' ädonayiM.
167 In the Babli (Berakhot 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 2:1,
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. More of a problem is Babylonian ears. (Possibly both 3 and 3
the clash of soft and hard s ,3 . The were pronounced as "b" in Babylonia,
late Prof. Y. Kutscher pointed out that as they still a r e today in dialects of
in classical Arabic t h e r e is a tendency Jews from Arabic speaking countries.)
to pronounce f b as bb [Contemporary It is less certain but still possible that Β
Studies in North-Western Semitic, was pronounced "p-h" rather than "f".
Journal of Semitic Studies 10(1965) pp. 168 In Biblical times, ν (') was a
21-51, see p. 30] but it seems clear at hard glottal sound similar to Arabian
least for 3 which, under the influence
Arabic ^ but in Talmudic times it was
of the G r e e k t h a t was t h e common
either silent (see the next p a r a g r a p h )
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
or very weak so that there was (almost)
were pronounced "v". For example, the
a double vowel a.
202 CHAPTER TWO
*1)0» Ν>7 ,^ψίη Í O t a i *1ÌN Ν>νψίη >?-> OW? ίΟ>3Γ) "13 !7ΝίΟψ >3*1
N ^ f tyb 0\J» Ν ρ ϊ 1 3 N 3 N > 3 Ί OW? » i n >3*1 K1Ì3Ì 1ÍN

>-
t j n s ~>VV !> '3-1 D û ? na>rn nwiiy. ^Ί >31 i!?!pn οψ -iç»
.non >3 pnnl? p - u « n o n 3 1 o w ? n ì v >3-1 yatà ρ π η }
>331? V ? W V V N ^ ì 1>33>n Η Ϊ Π 3 > η 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
178
or Tiv'on since they read Π like 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. Rebbi Hoshaiah notes
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 t h e w o r d s of t h e B a b l i ( 1 2 a ) "to
b e n e d i c t i o n b e f o r e t h e Shema', it mention night at day and day at night",
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 to negate any Zoroastrian dualism,
recitation of Shema'. T h e language is 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 A Galilean who went to study
m a k e s p e a c e and c r e a t e s evil." In t e m p o r a r i l y in Babylonia; he was a
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
HALAKHAH 4 203
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 In Halakhah 1:9, the Yerushalmi Greek, which knows no sh sound, nawn
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': "We 177 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. R.
Egypt and redeemed us from the house Zachariah Frankel notes that the two
of slavery to thank Your Name". The Aramaic verbs ion hàsad "to be loving"
Babli (14b) has t h e corresponding and i o n hassad "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 took us o u t of Egypt 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 as " t r u l y , His i n s u l t i n g is
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
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 ss.
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. In l a t e r kindness" and ion II "to insult."
times, the Israeli standard introduction 178 Western Ashkenazic pronun-
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 the
Dîa ποκν, retained in the Ashkenazic m i d d l e of t h e s i x t e e n t h Century.
service on holiday nights.) Under the influence of Polish, which in
174 An Amora of the second contrast to German has only one ch-
generation. His n a m e 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 Levi w h o u s u a l l y is q u o t e d of π,π . 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 Since voiced ζ (r) and voiceless s and Portuguese Hebrew as ng.
(d,b) are similar sounds, care is needed 179 If he makes an e f f o r t and tries
to d i s t i n g u i s h b e t w e e n n a m (Num. to realize the d i f f e r e n c e , even if he
15:40) "you shall remember" and n a o n does not quite succeed.
204 CHAPTER TWO
>3*1 Ν "TN 1 1 α ϊ Ν3ΓΙ "VON Γφ> >3") Ν> N l l p i l .NpV>fl
mnpai «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 Amor aim also called
useless since it makes no sense. Nahman.
181 A Babylonian, student of Samu- 182 Taking the verb "to be" in
el. He p r o b a b l y is i d e n t i c a l with the sense of "to exist".
m\p>? V?? N ^ n ? 0 1 5 , ο η π ρ ? n a a > n : n r f c n p n νγι>?
Ν*Π l i v I H N »an n ç N n3>n J?n n ç * o w i?!?ìn>p iNia>? η ν «rçrçi
ηί-ιντ> 13^ n ^ >>

' 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.

HALAKHAH 4 205
183 The verse reads: "The Jews con- hostile 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 are the sentence here also. Alternatively,
written 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 Since t h e r e is no d i f f e r e n c e 186 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. In
be no d i f f e r e n c e between before and Midrash Tehillim, Ps. 118:24 "This is
after. the day the Eternal made, let us rejoice
185 In t h e much m o r e 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.
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 vyî ní>p^n nipn
. w r a w j i ru-» n y i nyi ì^n .nina "p-w J i v y s w n i οϊρ>3
J•i > ·a n . i 3 »··t ?:nτ na-»

τ :
i ì t τò:n- ì: . î j î•·j n jτ « b • n τr :ò -o τ .«!?τ w j ·n· •i v i î i: τ · τ
Miipav» Ρ"!?} υ π ^ Ρ « V î W rp*i>a ;pa w»>n
νηψ q j v a η?? u n p i s .up*?* u n p n v 3 p n ,u>»p y p n pn^?
ne? . i D i n a W i n i w j n > j i y νηψ t j j ^ n η ^ τ nD-ìW .iDin? w s - p
c p J i o g y n >vHp ^ o ' J i i í o a n i NJVÎÔ n>yjw>N i ? N»-)p >yjw>N7
Rebbi Aha in the name of Rebbi Joshua ben Levi: Also he who
187
composed this prayer 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. You
gathered us in, judge us in justice. Y o u judged us in justice, s u b d u e t h o s e
w h o arise against us. 1 8 9 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
us 1 9 0 . 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 in law" that belongs to the benediction

of the Amidah. Another derivation is 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 The entire list should be read as converts which follows a f t e r 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 After a prayer for the re-
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). T h i s is p a r t i c u l a r l y the p r a y e r s f o r a c c e p t a n c e of t h e
evident in t h e second p a r t , s t a r t i n g prayer and the hope that our service be
from the prayer for good years, which for God's pleasure may seem
is a p r a y e r for redemption 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 As usual, the main argument is
189 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 to the prayer for
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 This is the text of the Rome and prayer, "their holocausts and sacrifices
G e n i z a h m a n u s c r i p t s , not l i k e 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
print which have OBwna u p i x "justify us

HALAKHAH 4 207
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 . n m n n£>?rin
lioyri nyn .n3>3 n n >yir> η>*τη n r m j 3 > π ρ n o .3py> v m p UN
.ib nan") i>3> i 3 a > i " m y ^ n i>3>y! v i m i rrçn o j / n a >
nn>>p .niì?o> >:? w r ù N 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 .>107)7 0>>ίΠ N S n 7)?N>1
OW3 r m > >3") . n > v > 3 ^ 3 ΗΪΗ ïHyy? νκψ τι>ν>3ψ
N>n n>y>3y) n v w (foi. 5a) n3>v¿ n i * >> nieven n w >3ί
>3<lO N 3 N 1 3 N>>n >3") I O N .n>y>3V>3 ^Νψ iy>"Pn>
D\{i ì y .>?>ογ>> Ν>ηψ η £ > ρ η - τ } } ? η>3>ον n ^ - n o > b i n N?i-» w p w no
ο > 3 ψ η n ? - ) 3 i p p j ^ n n o >3<3p n 7 3 p ? ! ? N >37 i o n .o>»nn î d n n j v n >jv*i3
*ii3v>> -r>ny x i n v . 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 .D>")VV
INVITI DD>"»?1 0 ? 3 3 y ί?Ν7τψ> η η D3J1K") OV) Î7JJ >073 >(3i
L>Y3?3 VITN ΗΨΝ? VRN·) NI>!?AN I33PJP3 1 1 7 P >D NO£ .!?ÍO^> >OÜ>
^ψΐ . o n t y > 3 ? 0 3 o v v i ^Ψί ^V O'OPV o r n a r v i
>33 1 3 W > 7 Π Κ ,D>'?WTI> H3Í33 7VT , D > p > 7 ^ Π 0 3 Ρ 3 D>3p^ 0>75
,D3>0 Τ Ι ! OO^D^^ >> ΓΙΝ 1V)p31
193Rebbi J e r e m i a h said: 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
HALAKHAH 4 209
"Builder of Jerusalem" 200 . (Hosea 3:5) "Then the children of Israel will
repent, seek the Eternal, their God, and their king David. 201 "
193 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.
194 T h e t h i r d b e n e d i c t i o n of the 199 This describes benedictions 10-
Amidah. What follows is a description 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 . The
Amidah. evildoers are Jewish evildoers.
195 Since in the verse r e d e m p t i o n 200 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. The
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 make it a s e p a r a t e benediction
Jubilee cycle. 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 style; the o t h e r Jewish groups pray
circumcision. twice for the Davidic dynasty, once in
198 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 Ps. of salvation".
10:15, w h i c h in B a b y l o n i a n (and 201 The verse concludes: "They will
Rashi's) count was Ps. 9:36 and, tremble for the Eternal 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 p i s nn>y>>? Í O > » ι η κ η ρ κ ιητ
in>\í>)3> TOD n w i v ) N)?v\? '"»»SN Ν)3ίΠ?ΓΙ >3") I ^ N . 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. In any case, t h e next
The second argument is more ex- paragraph makes is quite clear that the
plicit in t h e Babli, Sanhédrin 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.
in their midst", seems to r e f e r to t h e

HALAKHAH 4 211
o m p - i ç n 1 3 » n >317 n n ? y i v >37 . ί η ψ n n * >i> 13 y\ihn> >37
n ^ a ^ i n ? ν ι η ι η>:>3ψιη >>>>? n V ) >377 ίηψ
i n ? η ) η N ^ y ^ » ν >317 Τ!^ "»©Ι o n j p k ì d ion v i n i
-τη l a y >inip η > τ η ί π riyi r i y p 3 n n n >71 ο > κ ρ n i n i w i n ?
i n n ΝΓ17 : ρ τ ί η n y > h n v -13 >n*tv - α n>> - i ç n .τύρΎ ν η ψ ι
*ÌÌO(3 >N7Ì> 1 3 >N7V "13 n>> DON DNJ Jl>3
n>> i o n .Dn3)p η>ηψ η© n>> ι ώ ν .Nn>yp ί ο > η i>>> u n i 73p?p n l o p ì
TTV3 yo n>> η η κ .Kin i n n>> n»p^n η>> d o n >131*7 η>ηψ n o i

> ,
V73> "τ 3ϋη>Ν | >iîp?p V 3 ì ì V3ì .ηιιη> o n > n>37 > o > ç
1>>ιηι Nfl-ji? N i n n > *?)>η t y . n > n p NR931 n > n p ;?>»y N i n i > p i 5 » » >
n>»>N VIJpN Ν » ψ ? 7 ·Π53ί N^ D 0 ? 0 7 n>3>N·) 1J3Î
n>iìp?0>n N3N N>>V3 .7-J3!? DD?)?! n>ö>N ΟΠ3)?7
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 TfOlp Jl>> 1>N Π>> V ? ? ^ >Π»Ν 7>> ΓΙ9?>Ν Π01
ηι τ )?Ν .*r>ay 7>pw>>n i n o *v?n N j n p N i n n > vpv i m ,3>Ji3i

>37 *içn ,>>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). 204 138. n ó i = 9 0 + 4 0 + 8 , óniñ =
The verse of R. Joshua ben Levi is 40+50+8+40.
Zach. 6:12: "Behold, a man of the name 205 This is the reading of the Rome
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. The
verse of Rebbi Yudan is Threni 1:16: place name is missing in the Leyden
"Behold, far from me is Menahem who ms. and the Venice print.
HALAKHAH 4 213
206 ι ρ φ usually means a pitcher or a to t h e i n t e r p r e t a t i o n of Deut. 3:25,

bottle, f r o m l a t e Latin canna "small where Moses begs to s e e "this good
vessel". 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. The
controlled; possibly f r o m old Persian verse here was used by Rabban
gan, "plow". J o h a n a n ben Z a k k a i to p r e d i c t to
207 The Zohar (II, 7b-8b) improves Vespasian that he would be e m p e r o r
on t h e s t o r y a n d a s s e r t s t h a t the b e f o r e he could c o n q u e r 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 rabbati 1(32)). In
208 The use of Lebanon as a f i g u r e Isaiah, the verse is the introduction to a
of speech for the Temple can be traced description of Messianic times.
* τ??? r n / y v w n p r o n ? yniw w p n n ηη ν^γογι rri d?n
.o'piy'p n i i y - p a n JIN κιηψ tm«^

209
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 in the Psalm.

Messiah, one returs to the main theme; 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 is t h e f i f t e e n t h in the one has to pray that p a r t i a l d e l u g e s
G a l i l e a n count, and t h e mention of will be averted.
God's name in the verse is the fifteenth
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 . o i b y lD>)?nin n i r m ^ Dit»^?
i n n nis >"> "|γι> ή ν * o y o n o i οί!?ψη ρ -»ηί> 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 Now we are back to the expla- 212 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. The 213 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 NV? >31 N » n >31 n o > i .to
.n>;>>» T ò v m n > r o 10 1>1>?n n £ > p n n n p >n "|3nv >311 n t o p y i y p y
>31 1? i1? -Man ptoo") n>ro .ν?© p i t N i n i πιη>>·) Ι>Ι»?Ν
•W η ρ ^ η 1V5>3 TO í q p 1jni>
HALAKHAH 4 215
"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. He
descended, ascended, and said to them: 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 from the start of the
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 16a. probably represents an Israeli version
215 Both v e r s e s Deut. 6:9, 11:20, of that Tosephta.
read: "You shall w r i t e t h e m on the 217 Probably Latin genialia, ium (n„
d o o r p o s t s of y o u r h o u s e and 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' mechan- Hiyya bar Abba; his name is missing in
ically has no way of deciding between the Babli.
the two but must start anew from the 218 In the last verse of the second
first verse. section of Shema'. Since t h e t h i r d
216 In the Babli, this is quoted in the section is c o m p l e t e l y d i f f e r e n t in
language of t h e T o s e p h t a (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
τ · s
ϊ ο··ί ν ί α i o s: y n sτ o: ì· ì s .. -
n u i ν π νj o w. . .n no> >a*i n>î?
.
Ύ Ύ τ τ τ
Νίπψ yri* o n i a } I P Ν ^ ι t?'??^? o w ? η>)?*ι> η^η

>JOÌ> IO N5N Ν 3 Ή Ν»Π >3*1 1ÇN Ì7N ΊΝ^ ON) lìDJpl
>ioip IN)? 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
219
Rebbi Lia , 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 It seems that the Yerushalmi
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
HALAKHAH 5 217
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 34b, a 224 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 19
repeat the Amidah. (In the Shulhan ( B a b y l o n i a n ) b e n e d i c t i o n s of the
Arukh (Sec. 101,1), R. Josef Qaro Amidah.
follows the Babli but R. Moshe Isseries 226 Greek δόμος, "building; rows of
decides Ashkenazic practice according stones or b r i c k s in a building." At
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 spelling D i o n is found; in the Babli it
Palmyrenian i n s c r i p t i o n . Following always is diö't (which, however, might
Fleischer, the title is a composition of mean another word, δήμος).
Persian liji ark "citadel", x, pad (old
•pN^l π» 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 Shema'; since this recitation
the VyiB is paid by the hour. The time needs concentration only for the first
218 CHAPTER TWO
verse, 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 . In

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) needs
short time span without f e a r of falling concentration f r o m beginning to end
down. T h e rest of Shema' can b e and can be recited only on the ground.
. ^ • p O W Í Ó ? V M i N r O · £ > Ν η WN-15 V l i p NJVÍJTO :fl 713*71

228
H a l a k h a h 5: S o 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 and, therefore, a careful
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 Haredim the mention of hourly w o r k e r s h e r e or
read T 3 as given here. that this rule is contrary to the opinion
229 T h e Babli d o e s not m e n t i o n prevalent in Babylonia,
hourly w o r k e r s at all. It is not clear
•nv νγι . π ϊ ν ^ γ ι viNhai r»?în w í ó ? ρ » 3 π > ρ ρ >?τη
j m n w í ó ? η» 1 ?·) .^ç!? τ ι ν j i > 3 n bya 1 )
. r o r » ? ΐΓήη-ι>ν?ψ 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 they pray on top of an olive t r e e and a

s i m i l a r to Tosephta Berakhot 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
HALAKHAH 5 219
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 It is not clear whether it is very may be that he agrees that because of
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 î n ^ ç ^ >3 <]n η η ρ η
V3 . 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' e v e n with his load
234
on his shoulders 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 Tosephta 234 For the same reason as t h a t

(Berakhot 2:7) where, however, the given f o r t h e w o r k m a n . In the
exemption for the carrier of a large Tosephta, the p o r t e r is m e n t i o n e d
load is not mentioned. before the worker.
220 CHAPTER TWO
235 A qab is 4 log, about 2.17 liters. without unloading if his load does not
4 qab a r e a Roman modius, about a exceed 4 qab, on condition that it be
British peck, a fourth of a bushel. 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 the back and not distributed f o r e and
meaning is that the p o r t e r may pray 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

communicate with others 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' is given in t h e Tanna Rebbi Eleazar Hisma. 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 η>ηψ ìn n i y t o ioy -ρψύι
UN ηζ> "Ρ^ rij/v? JllWjfc "ΠΟΝψ ΙΤ;)?ΊΝ TIN* N3)p >3"!
, ^ 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

HALAKHAH 5 221
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!
237 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 191). In the Tosephta (5:24) and most of the
order to reduce the expense for the manuscripts of the Babli, against the
employer (and, h e n c e , increase Venice text of the Babli (16a)].
employment for the poor), the hourly 238 For the food only, without cash
workers whose lunchbreak is paid for payment to them.
by their employer recite an 239 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 o"TN l i o y ? r m n n i o w ? pn>? n i - a twiny*
ιπρίη ,ντ>? ιψΣήτη n>n .irnn - n w vm!? . y p ?
Ϊ Ϊ Ϊ ) >?*i> n i n "paN na >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 . Rebbi Yose bar Abun thus taught his son-in-law Rebbi
Hillel 244 .
222 CHAPTER TWO
240 An Israeli Amora of Babylonian the owner is a kind of trustee. The

origin who in his youth was a student inference, which is not a strict
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 they the time.
cannot be examined. 244 P r o b a b l y r e f e r r i n g to both
243 The verse deals with money that prayer and trusteeship.
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 r n
rpn-ρο n o p >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. T h e y b e c a m e untied and lost. H e asked: W h a t

245
have you left?
245 This story is a counterexample remedy for the worry. 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 to c o m e untied coins have to be put in a s a f e place
sometimes, binding them together is no before the start of prayer.
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 nnp ÌÌ7>3NI t ? n r a >3-1 > n i p
")3ni> >3-1 DW? ΝΠΝ -13 3p}>> "»5! 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
HALAKHAH S 223
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: S o t h e r e c i t i n g o f Shema' and
praying d o not require concentration? 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 need concentration, does prayer not need
concentration247? R e b b i Y o s e 2 4 8 said: 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. The r e c i t e Shema' 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 E v e n if o n e a c c e p t s Rebbi
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', its
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. This formulated as a declarative sentence:
means t h a t a f t e r being d r a w n f r o m "recitation of Shema' d o e s not need
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". The meaning is the same in
done with it. A lapse of attention to both versions.
the w a t e r m a k e s it u n f i t f o r use in 248 The Amora, one of the editors
224 CHAPTER TWO
of the Yerushalmi. water", not ηκυπ *η "ι he water of

249 After the ashes have already sprinkling" that is the technical term
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 Tû>5 y ç ^ r i n p n n o s i n n 1 n w » (foi. 5b)
ft npN . " p w i o n vb^ ÍOÍ?·) ηψ^ι© .nâ nyy
>3)3)? cd!? idn .-nos ιηηψ 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
action: Rabban Gamliël married and recited in the first night 2 5 2 . His
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
HALAKHAH 6 225
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 Since he already had t h e t i t l e
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. Some time was needed f o r Hence, his level of anxiety was low.
m r ) ? ì N n m >>o> > a n ow? oìvujn Λ
njj«>>n >oi> >?-» n > » i p » a n ν .nav? n£>nna ηηίβψ
jvn 13>3ti N n i n>> mqh . r n i a n τ\ψν 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 is
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 not a l l o w e d to have off its head, will it not die?'). For the
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 Shema'. wound might be an automatic
The problem is t h a t he will m a k e a consequence.
wound in deflowering his w i f e and, in The entire discussion belongs more
226 CHAPTER TWO
to Niddah X:1 w h e r e all the parallels House of Hillel say until the wound is
in the Babli a r e f o u n d . T h e second healed" (one does not suspect any blood
part of the Yerushalmi Niddah 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
Mishnah is taken from there. cannot apply to her since the m a r r i a g e
255 This refers to the first Mishnah festivities of a widow a r e only t h r e e
in the last chapter of tractate Niddah: days (Thursday, Friday, Sabbath) while
"About a y o u n g g i r l w h o marries t h o s e of a v i r g i n a r e s e v e n days
before puberty, the House of Shammai (Ketubot 1:1). Hence, w e cannot talk
say that one allows four nights and the here about a widow.
UN -ttiw 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 ^ n ç i >> I O N .jnaVv* m o p Jvançi
.>>? ii3J}>3V> » n ? n b ì v ? ι ι ο η β ψ 1N?Ì .·»>? n n i w ^
ΊΟΝ .ΓΏψ} nt>-)ÌO t?>30> r0>3 ΠΏ IN Ν»ν)-|·>ν)>ρ 1 1 Ί 3 pns>
nniwü^ lisipö Νΐηψ INDI . n ? n n i w ; ^ îïsrç? "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 .

HALAKHAH 6 227
256 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.
257 This r e f e r s to Mishnah Sabbat 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

XXII:3: "One may break a clay amphora action.
(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 In the Babli, t h e n a m e is Me-
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
the opening a permanent one that is Babli. In the Babli (Ketubot 6b), t h e
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 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 is top of an amphora may be broken, with
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 In t h e Rome ms. and G e n i z a
irregular piece of the c o v e r i n g does
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." Our
Sabbath. Rebbi Yose's answer is that
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 >3 > o v >3-1 n o N
η - Π « v o y » -»ζη p s i p m ,-IÌON ·>όη . r n i i n η ψ ν ? π>>»κη
ni r j m >i!?>y n p · ) j p o i Τ Ο ^ Ν Ί ìmny yçy
.ηΝ'ϊο 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
Babli Ketubot 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 the 262 Hence, t h e a c t is p e r m i t t e d
Sabbath. It is e x p l a i n e d t h e r e , that according to R. Simeon.
even though R. Simeon forbids actions 263 His alter ego, Animi, is quoted
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 Ginzak ("city of the treasury") is
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 is considerate (and, Babli, Niddah 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 of the hymen is
order to save expenses for a separate indistinguishable from menstrual blood,
HALAKHAH 6 229
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 ϊκναψ
•)íV3 . Π Ν ^ η y n n π ϊ ψ η ρ ί - ρ η η frpH p i y " ì l ^ Ί ηψν»?>
η ϊ rrçjan ο ι ? ntofl!? v i ö n ,n»3y> n ^ y ? !?iy?> i n ç i j q v > ? i > i n i p
p o p r i >&> ìNiy)? r ò r p n ^ n o . w n i n κ ι η η » ) ψ n£>y? nin
Ν}>1Γ) N3N Ιίνίρψ n>)>3V>W 1Π2Ν >3"| "1ÇN .0>ΪΡ3 ΓΠΠΟ >J0>
N-τπ? - o o Minn η>> ί ο ψ ι 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 bNio^n
un!? Ν3>ΐΓ) N ' p i i a p tJNìny >an iqh .jivtì-i*
0 7 n | >n r m y o >> - i o n pn>p 1 3 ì w ì o w ,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 Like all other authorities quoted
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 Rebbi
wedding night. The same statement of Yohanan.
Samuel is in Babli Niddah 65a. 272 He r e f u s e d to give an opinion.
267 He r e f r a i n e d f r o m 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 In t h e w e d d i n g night, w h e r e Rebbi Abbahu.
according to him only one sex act is 273 It seems impossible to d e c i d e ,

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 and
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 between
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 In a slightly d i f f e r e n t wording
p r o d u c e some minor lesion and some this is a baraita in Massckhet Κ allah 1
drops of blood. (a c o l l e c t i o n in the Yerushalmi
270 In a dirt wall. The statement of tradition.) At any meal d u r i n g all
Samuel is also in Babli Ketubot 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
HALAKHAH 7 231
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 ,iny>N η η ρ ψ " p w i o >(rn :t m v n
>iN
•τ 0>30©>N OTN
TT··: τ INWD
τ ¡ · ·>i>N
· · ' p
? ! ?τ TO
· τ .Nim!?
» "»ION
τ t t"
t Nτ τV
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. situation is i n v o l v e d , a l w a y s have

276 Greek ασθενής. Medical con- precedence over the rules of mourning.
siderations, even if no life-threatening
n i n >on oro n ^ n - i i "»ion ï i h nm ino :» n a i n
π ι ο >t?i> >?-) ."inj r u n v r ï o ΓΡ> n i n i N 3 -II n » n Nîy
13>N ρ 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 * ) « i n ) ^ N ^ N ^ n ì y n>> rnn >ON >3-1 .>3-1
>3->7 W?N ,113>N VITI N)?>>7 n>> -ÌON n^yj-'yo
>Ì3N N o n >3"! Ν"ΤΓ) ρ 7ÌV1 Wn/? ^ 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
R e b b i Nathan". 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
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 bathing; he sent one of his students 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 Moëd ask Rebbi Aha, t h e greatest authority
Qatan (Halakhah 5, fol. 62d). 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 prohibition
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 Qatan that Rebbi Yose himself had t a u g h t
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 Usually k n o w n as N a t h a n t h e 281 Rebbi Simeon ben Laqish; t h e

Babylonian, a Babylonian f r o m t h e abbreviation "Resh Laqish" is standard
Davidic family, second in the in the Babli but very i n f r e q u e n t in the
Synhedrion under Rabban Simeon ben Yerushalmi. T h e a b b r e v i a t i o n pro-
Gamliël. bably is that of a lazy copyist.
279 A close relative of Rebbi Ammi 282 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 T h e f o u r t h generation A m o r a . and, t h e r e f o r e , r e p r e s e n t s only t h e
It seems that Rebbi Yose 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

HALAKHAH 7 233
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 T h i s is R e b b i A h a ' s a n s w e r : gave the same ruling and, t h e r e f o r e ,

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 -1331 V ^ N >OÌ>
^ Ν ψ Min"! i n n i)o>ri ρ κ ,κηο Nom
^ > η η η > w m y o i p p >357 ."inpN l ^ i "v?>ri ^ n
Ν ΐ η ψ >» 1Ì2N >3 -»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 ? T h e rabbis h e r e o r t h e rabbis in
the South? 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
the second source of Rebbi Aha since it Southerners whose opinion, as a
speaks of unspecified "rabbis" whose minority opinion, would not count as
place and importance, as a precedent in precedent.
Galilee, is indeterminate. 287 According to Ramban (Writings,
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
234 CHAPTER TWO
have his first meal prepared for him by of mourning. It then is d i f f i c u l t to

his r e l a t i v e s a n d f r i e n d s , so his u n d e r s t a n d t h e q u e s t i o n of 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 bath
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 . i ù p r t ϊ ψ n y n - p -ΙΚΡΤΠ ΝΤΠ

1Γ|
•ρ!? - h o n .·>πρ>7 2 lìTiN w o n ί α toy ΗΖΗ - Ο î w w y n
OV? VN .INI nvvn? ^ 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 . B u t a b a t h t h a t is n o t f o r
288
pleasure is p e r m i t t e d . 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 ? If
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 Yom
Kippur 2 9 0 .
288 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
indicated bath is permitted. medically indicated bath.
289 The author of Sepher Haredim 290 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
HALAKHAH 7 235
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. The
292 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 the entire seven days of fast days (in a year of draught) when
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 A family member who comes to
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, he crosses it 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 the medical necessity.
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 mourners.
iNia»\i>?> .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 .raton? - p y n
It has b e e n stated: "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. T h i s a g a i n is a medical is the Ninth of Av.
exemption.
>31 DÌ"ì7?ì V>NÌW Ì?ÌNV>> l î q W
•pî? *IÇN . i t a !?>NWÌ N r i a w a m n i ">IIN *τη> ÎKN N a n wyîn
>pv > -n .O>nip>? o?>>y oit>y t ù y .o?>?ip>? yii> o > n >în
0"TN VyiTf? 0 7 K ^ i l i D"TN >N*ii3>i< *VN)? > a " n a Π ΐ ψ ρ Ν Β ^ Γ ) >3
?ίΗΊ 1ΓΙΝ ΓΡ> η ) ? Ν ^Κψ1» N ^ I N Ν)?η ΤΠ ,y«3
•lia ϊ κ ψ N n a w a N»£aN n o d η>?Ν . n > p t p y τνα ρ!? "ϊ»ν
n't η . 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 nìd
. i j a i?y asyí Nç>jn dod .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

HALAKHAH 7 237
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 . T h e y said t o h i m 3 0 1 : Is that
the o n e w h o s e praise y o u p r o c l a i m 3 0 2 ? H e said t o t h e m , w h a t are his
works? 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
them. 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 23a,b); a c c o r d i n g to t h a t
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 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 This is a lexicographical note
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
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". Usually, the noun in the
Rabbis Yose and Mei'r the custom of verse in Proverbs 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 ·ί>>ρΐη3ΓΙ V b y t?3>j? i l l J ! ΓΙΒψ?1 :Π VWOÌi
o m v ίνΨ? u o ν * ΊΟ^ ο ^ ^ η ì y vmrpri Ví<V
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 thieves,

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 :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. The answer is that
not related to his master, even if he the Mishnah has to declare explicitly
HALAKHAH 8 239
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 , is the section after the next.
treated like a family member, parallel
05D3 t?a>p innD> v p j r i p c ι υ ρ η ty iJinpw n r i n i η ψ ν ο
>Jl»n n j p n p ? ION ν Ί Π Ν It????·) J l > } > .νΊΠΝ "ISn!? 0 £ P ? Î » 3
VN η ρ κ Ν^Γ) .vnnin? I^SN VP? >l S"! VWia? VP? t j ^
V " > i n >3? ïy on .71971?? o n a y m » » j a » o'l^V5? ^ V P ^ n i>>?¡?)?
ixiPD? IN n ? j j .071VÍ? ty i>Dìn?ri v > ? î ? ) p Ì>N D n n N i
.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 . H e entered the
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 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 i m there. 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.
307 She must have been his personal accept condolences f o r slaves", mea-
maidservant. The story is repeated in ning that this is a rule that cannot be
an enlarged version in Babli Berakhot waved. 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
brother-in-law Rabban G a m l i e l 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 one does not while 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 > m niyi> o y i a n tv
.o!?iyn rrç *n> , κ ι π rpna « m p n n* h V t .o>?3a niy-}>
oip>>·) .D'pivn n i n w o > m (foi. 5c) niy-)> V?n< otyiao
n ç i i n a i n nn> town .ìD»?>ap D'p^ri ftm

. t r n s i!? y o i tj^jan ntyy n o ,>ni>? - m v 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 ny>p? it
i m p Nin :p->a v m p n ï y W i n p w i y 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
HALAKHAH 8 241
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 which also is appropriate to the sermon

Galilee. He had the r e p u t a t i o n of a based on this verse. This does not
saintly man. He might h a v e been a imply that the verse in Resh Laqish's
s t u d e n t of t h e y o u n g Rav in the Bible had here a singular, only that the
Academy of R e b b i , but his 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 is
in names) in Midrash Rabba, Song of expected to recognize the verse and to
Songs on 6:2, Ecclesiastes on 5:11. complete it himself. T h e s p e l l i n g is
310 Hence, a teacher may formally left as in the manuscripts and is not
mourn a student. In the Babli ( M o ë d edited to c o n f o r m to our m a s o r e t i c
Qatan 26b), only a student may texts.
formally mourn a teacher. 313 Implying that Rebbi Hiyya bar
311 While t h e m a s o r e t i c text has Ada was collected because of the sins
"spice patches", the consonantal spel- of his generation.
ling here seems to p r e f e r the singular
N nτ a :! -? n- : >a~i >a >oi> m· ·

"I i n· ·mIT ΓΡΝΊ . r p "yΤm n m
-: -
N aτ h-t ~Q- N τ» n > m ,ΝΟ!ΤΤ
τ
NnniN5 v?Ji> ιιη . r p r n n n i ipy> n w -ívrniam
HM T V
n ··» : Nιτ . o v Í7D3
τ :
ο ' ρ»··ϊ τη s >»( n·· p»τ n j τw: n j v t Ν Ι τΟτ N iτ m
-: -
Π5>ΝΓΙ
τ ·· :
M iτ nτ ι ύ η η
ΓΌ ί ο ν lia? Ν Π ^ Ν ^ Τ r n » Η·>ΏΗ ->nn> . w n i p p τ ι * . w n y i n ΝΙΠ
n>> .'op V i ì n y ? ) ? ' » V VT3VÌ V ^ ? IWîTC ^l1?

242 CHAPTER TWO
n i a n n v ^ y n ç o j ή η η > v i i » >γιν Ν Ί ? * ? Iii» "ΤΨΟΝΙ Ν ^ ' Τ ij>">)pN
ϊψ r m i ì y >ri)a>N y - p > r o ' N n n b y a r i m nniN? .rpro>Njp w ^ ^ n )
ϊ ψ i m i y ·>τ\ψΗ y i v κ ι η rj? ^ V t ? ^ η ϊζΠ v S p ì ì
·1Ι?!?θ)ρ N i n i ο ^ ί ν π ρ ? ο'ρη*
A clarification. 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 transition between
"bar Abba" in t h e Y e r u s h a l m i . The Tannai'm a n d A m o r a ï m ; e v e n 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
HALAKHAH 8 243
Zohar i d e n t i f i e d this R. Hiyya b a r 317 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
315 Since he c o m e s 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 In contrast to the Amora Resh
manuscript can be read as "mistrusts Laqish, the Tannaïm do not see in the
us"). premature death of a saintly man a
316 In the Midrash, it is explained consequence of the sins of his con-
that he went on a systematic search to temporaries.
find his scholars.
ROYJ N ^ I N P -IO?*·» >3*I TY N » N >3-1 - O "PA >:N TJN^R I D
•pa n>n n n > ΓΏΊΠ ON oj)>p ON INS 3 > n s V N ΓΌΐ τ^ίνη
η > π ψ *τηΝ ο ψ n>nì n a i n o»>}p3 n p ì t N » n >3i is
jiirmN i»v ^ o p rpm i ^ n nyy πη -mi> tepN^p? -οτιψη

>
OJW VDY> IB 1ΪΙ31 YI^VF» ODILIA ÌN3 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 .o^yo lîii"! n i y y >riy>
m T i D 3 l i a >3*1 y v . t o r a o v n - t o OJJN oj?y>> Ν ^ ψ n o n - m i '

η
,ΓΟψ ΠΝΟ> p > ™ "PObri ν Ν ψ ?Ψ Γφηψι
320
W h e n Rebbi A b u n bar Rebbi H i y y a 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 Or, with the Arabic ρ'in
student of Rebbi Yohanan and Rebbi "constant, resolute".
Ze'ira; he died young as his eulogy
ona^ n y a l i * >i!?>y "»O^N"! >5-» ÌJNJJ > : n IJJOT I D
D i p o i N 3 Í O «IPD^ «Λ >3 l»£P>n Ì T W ON "I^D") o £ i y ty W'p^ri
π α Ν ON .n^ìn? p w Ì3N1 n p v ipitj
,ίτηιοη Ν > ι η ·>η . i n a ^ n ι Λ n u o >n η ο ψ o o n 7>)?>ri ïrçy: ,V£»>>n
>3"! n n N .>n ! » >?>>))p n p ^ ? " ! ro>n ο ί ρ ο n * w Nsjan i>no nnpnn-!
Μ75ΝΨ UN . 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

HALAKHAH 8 245
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 A Galilean Amora of the third Hizkiah, Jonah, and Phincas.

generation, also quoted as Rebbi Simon 323 It seems that the preacher
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. He was a 324 Probably a scribal error for Lai.
teacher of the leaders of the fourth But the parallel in Yerushalmi Horaiot
generation of Amor aim, Rebbis 3:8 (fol. 38b) also has Rebbi Levi.
ynvM i o n - m η ί ο ->O?NI i w i o v n Ï U N ty >p>o - ο η > -jn-j I D
ia v m
τ:
o -?o7 to n>nw
τ τ τ
-·fνi r b η ην ί τ ό ό Ί 3« . . .
n>n rtvò
τ τ- :
.ιο>
τ:
ο > π >τ:ν πτ jin
r
o>wpn τον ·1?ΐ ϊ ψ η ν α η η κ η γ ο ^ ί niwiy ν π ι πνο

τπζΐ -rny ^ onwy ^ -toy ï y -r»y o > v a i í < ï y "noy
.tora itoy 3>αη i n w n>rn .*)» ϊφ Jivnn tino nwiy r p m

NID Ν "Τ Γ) NÌD π1»"»? W i i ^ D >??> η η η >ρ>ρ 1 3 >to ^ Ί η>π -J?
. Ο
τ τ τ
Γ τ :
« >3 OINTT^D
τ • • τ
ΓΚ9 >3· 3 W T
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," that one is like all of
326
mankind .
246 CHAPTER TWO
325 One of the outstanding students He, like the Great Rebbi Hiyya, was a
of Rebbi, in the generation of trans- collector of mishnaic material
ition between Tannai'm and Amoraïm. (baraitot); his collection b e c a m e the
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 A kind of pun on the possible
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
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.
n o n>> n m . 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
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 τ - : ·
h ùτ p»τ n o~ η»!? - i -o nτ . y» iτ nτ i n- n >··n :o n-
no .>\?fVN Μ3Ν1 η>ρ>>Ό n o - i o n ,η>> j r j r i p i . o n f v p Ν*η>
ΝΓΙΝ . j v p ^ p i i n 1» >> Jiìn>3i ^ w ? ^ \ ? 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>> n>> - i o n ,n>> i n > n>> N " ) p i o
no i o n N 5 n ? n>n? ν π ì j n v >a*i> n>> y - » p N IIJIN ρ>>ρι i n ρ
N * n tjV nji>>p N > n n n>> P I O N . N n i w - i 3 t » o ΗΪΊ 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. A p e r s o n in rags
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 ? He answered: The
judgment o v e r this m a n has b e e n sealed. This h a p p e n e d t o h i m and he
was stricken. 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

HALAKHAH 8 247
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 Galilean emigrating to between the Sassanid v i c t o r y in 226
Babylonia, we now deal 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
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 , he
(117b). became a student of Rav's successors
Rav Cahana was a young member of Rav Yehudah and Rav Huna; hence, he
the Academy of Rav when Rav 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
Cahana w a s so o u t r a g e d that 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
broke his neck. Rav pointed out to him g r e a t scholar. U n f o r t u n a t e l y , by a
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, he was liable to be Rebbi Yohanan got offended. He gave
prosecuted. 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 him not to a s k difficult he went to the cave where Cahana was
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. This will
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 The land of Babylonia.
tflipi Nin χιρη .ο"τ νρπ ρ>>ρ t? ία>νΐ

,οο-ρρ ιοί "29 νΨρηι ΓΡ> idn Νπ-ιο> vi«? η>> DON .«nao ρ
.a l ì αυ Ν^Ι y t> ao '^V κ^"! Ví»v) i? no γρ> DON
·1?η?»3 -pay η>> *V?N ΠΝ)?> N\?>?7 -ry .i rß 30
!??n Η^η ΗΟΓίη Nïm» 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 nîiyi "pro^N·) rprijvn »ya .«rao lib ion
.îjd rnao m >iî?v Ηϊη >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?
329 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 . Bleeding denars. At that time, 50 Minas, or
required that one must eat enough red 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 farming and
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 correct meat on h o l i d a y s w a s a serious
feminine form litrëta for the G r e e k monetary obligation. (The so-called
litra, while common usage was 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.)
popular use). Dtnip is Greek κρουσμός, ó, "striking,

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 Rebbi Zeïra really had acquired
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 failed currency reform 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 period, from 274-284 C.E. offended him.
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. This
Denars for a Roman pound of gold. remark connects to the next story.
250 CHAPTER TWO
V3? . N » - a > \ r j v p i n n IHN ? >npn ">9P ^ P^V H

N*U> N i n n i N r c m y p i ? -TV n>> n m .*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 ô >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 λποιο ν ο > r n - o y i V~)V? VH® "P^VP
t>N n n y i NÎ N*UJ N i n n i « l ì n>> -MON .JISDW *ii3
: n - α tJNinw >1-» o y n n ^ - j ? >a-> υ η ^ 3 .ODnpin i p ^ > i? i s s i g l i
l n i o » ηη^ητι .n»>>? l a i o i ini©>? η η ^ η ι ^ ψ Ν>η η ψ ρ p r o p
n^D >3 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."
HALAKHAH 9 251
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 Α ρ χ ω ν , "ruler"; in Imperial himself and who took r e v e n g e by
Rome a local administrator, praefectus. denouncing the scoffer.
336 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 Since he was a contemporary of
337 Greek ληστής (also a collateral Rebbis Zeïra and Yasa, it is not clear
form ληιστής). The word appears in whether this is an independent aggadic
the Babylonian tradition as D'uoV interpretation, appended here because
338 The scoffer. The next "he, him, it uses the same verse that R. Yasa
he" refer to the robber. used, or as the s o u r c e of Rebbi
339 The archon, who f e t c h e d the Yasa/Assi's interpretation.
scoffer who then confessed to a murder 344 The Divine Names a r e not
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 The beams used for their own scribe from the necessity of writing
crucifixion. down a name which cannot be erased.
341 The s c o f f e r who might h a v e
liypv Iii. .»nip lWN-in n ^ a vny) nis imp> NAIN ON inn ν τηνη
.iJiv» own rus Nimrr!?D i o IOÌN ïwïm
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' 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 prayers under any circumstances,

man that he can c o n c e n t r a t e on his
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 * * ty κ ι η ψ (foi. 5d) ">37~ί?3 >?ri ν m i n
N> r o y Ninrç» * m ~ ! ? 3 l .ro-ja Ni^ni nyiy 03η .rrçhy
I3>R? 1 ? O N Ν ^ Ν O ^ N *P»>RI ,ΗΨΊΝ T>N> INSY NWITE NSI-TN - !??
.•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 fasting; public fasts avoid even t h e a p p e a r a n c e of b e i n g
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 than the people under his
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 can join with the dis- it as valid ruling.
tinguished persons; only in m a t t e r s that
itnsN Nirrç» π ^ ψ ^ ί o > : m n n i - p r p > 3 3 θ " Ρ " Π 3 > v p > r i p p >ari
>3*Η LAI.? N'^VB ^ S N UT Ν .ΐ»??"} ! Ο Π Ν > Ρ Ν>ΗΨ ΓΠΨΑ
>51 ni* ì f o - ) o>?"vrn rii-prp Vibrion v m ^173 νη^
!?N>>>?Ì l a i DON .Tiw? N i l o í a ? 13 Γ φ η >
OW> NID Ü Í 3 3 I 3 ΓΠ1Π> IB I O N V 3 3 N 3 Π Ν Ί Ο Ψ Π? ΝΊΠ

-
r i i w v b N ^ i n n ! ? ? Ν > r»3y> ty Ν ί π ψ ~ i 3 T ^ 3 >?ri ρ N b i n>> ίων
, - 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 . r r ç n y *τ>η>
.ΠΨΊΝ IN^Y RIIWYB NSVURBD NYS TY NIRRÇ» Ι Τ Τ ΐ » ΝΠ-) RPB I O N
m a ? N b 7 l i n e a i N v y t ' 3 " ! "»»Ν .Π3"ΐ3 N^Í1"! ΤΦΪΕ
η ν "
HALAKHAH 9 253
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 . This
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 Galilean
Yerushalmi Bava Bat ra 5:1). If a road practice to Babylonian standards.
is impassable, one may walk on t h e 350 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 A parallel to this story is quoted Joshua, and use of the shoulders is no
in the Babli (Bava Qama 81b) infringement of other people's
concerning Rebbi, Rebbi Hiyya, and property. R. Y e h u d a h ben P a p p o s '
Rebbi Y e h u d a h ben Q a n o s a . The piety therefore is quite misplaced.
disapproving conclusion, given here in 351 Rabban Gamliel to Rebbi
the name of the late Amora R. Zeïra, Joshua. 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 Rebbi Joshua to Rabban
iting his piety. (In Kaftor waperah, 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 And h e r e , t h e l e a d e r s of t h e
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 in the
i n i o n a v > d n ν?*?,? PO?' ^11 Ν^ΓΡ
pns> 3 1 i ? o n m ì x i NWiy π π κ v ^ ^
.•pp'ttpç ì ^ ' n j p r i O N > 3 1 ·)3>Ν ì ? t Ö Η ψ Ή >3"! "»ÇN
Ν ΠΙ n>> ->ÇN .OViri ÌDWÌV} ">11» "OOS Ν ί Π ψ »aril
ΊΟΚ .Min ï w ï t y Ν!?·) η>> n m , γ ι ^ Ί ON ΐ ^ η ,-iwa i n n li^ri
Ï7V?3> D ? ^ y n i v i MßH ï w ï m ÏWtyi 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.

HALAKHAH 9 251
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 Greek ι δ ι ώ τ η ς "private person,
Samuel is mentioned in second place, individual" (as opposed to the State).
since Rebbi Miasha was a student of 358 The two M i s h n a y o t f r o m this
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 -
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 ac-
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 a n s w e r is that t h e M i s h n a h is ac-
speaker is Rebbi Yasa, one would have ceptable 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> ί π η ψ >η M nw»
.η\ρ'»π t i n i η\?>ηη η^ »alieni π\ρηπ
ι!?>ί< . ρ η ^ η 1·?? I T * η ν » ο η ρ Ν ψ ΠΝ") - V I 1 0 ? Ttf* π υ ' η η ψ ms
,η^ο^η ρ ΐηιν>3
M i s h n a h 1: 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
r e c i t i n g Shema' a n d f r o m tefillin.2 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 This is the text of the Yerushalmi did that; they follow only to honor the
and the Mishnah manuscripts. Most dead person, but not to actively render
sources of the Babylonian Talmud add any more services. The Yerushalmi
"and from all obligations of the Torah", does not know of such an organization.
but the commentary of Talmid Rabbenu 4 According to Maimonides, the
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 In the Babli: "Those behind the bier fulfill the Biblical requirement.
are obligated". Rashi explains that According to N a c h m a n i d e s , the

HALAKHAH1 257
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 ."pânri ini ori H nain

Niri
>3-1 > 1 5 7 7 7 } n v r ! ? 3 M i n n i v y ^ n 0 0 9 I N 3 ON")
>\ί)»>ψη D i » 3 ìriij ύ ' Ν r o w N - 1 3 n o w y w i n » >a*> "ììV^
Í5>N Di>3 ON ·Ί?>ίη ηίΥΠΠ Ì N 3 ON") 1J1Ì3 N ì n
.NT Ν5ΓΙ N"T N ì r i f ")>>? N ^ N . V i 3 > ΊΤΙβψ >0 1 Ç > 0 1J1Ï3

5 6
Halakhah 1: It was stated : "And from tefillin." 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 necessity to attend to the burial.

Mishnah. 7 Since it is necessary to mention
6 This is a bardita from Moed Qatan 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 is a d d e d as a
authorities in all sources agree that a memory aid. Since for a long time the
mourner may not put on tefillin 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 was c o n d u c t e d in the Memory aids a r e an important part of
preceding night. So t h e r e is no Mishnah composition.
connection b e t w e e n tefillin and the
258 CHAPTER THREE
r o £ n a n o w ? n>)?-)> Ι Ί Nvyt
>ai 'î'i? ov? lì??
> 1 1 n ^ v ? ^ P l "pa ^ T ? >t>v >a*i - i o n Ν^Ψ >a*i3
nròr) no>3 VN") >pï>o£ 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 . Rebbi Zeïra
inquired: 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 ? Rebbi
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 ? 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
f o l l o w s Rebbi Eliezer."
8 T h e m o u r n e r puts on tefillin that Rebbi Joshua's opinion, that one

starting the second day a f t e r the 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. In the Babli, this is a day. In the Babli, this is the ruling of
ruling of Ulla, one of the commuters Rava, of t h e g e n e r a t i o n following
between Babylonia and Galilee in the Rebbi Zeïra. The Babli quotes f r o m
second generation of Amoraïm. the early Tanna Rebbi J e h u d a h ben
9 If on the second day, on which we Tema that one puts on tefillin and takes
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 o v JIN ^ç!? τα r n DON
,D>rini iría PPiV w y o>o> Ν ϊ η . o » r a I D ? P P i V o>n>
R e b b i A b u n said: It is w r i t t e n ( D e u t . 16:3) "So t h a t y o u 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

HALAKHAH1 259
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". The
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 is one of them, the Mishnah, viz., that the entire first
are only for living and are invalid once day is not for tefillin, even after the
one has to care for the dead. Rebbi burial.
Abun here f o l l o w s the o p p o n e n t s of
iN . n o b y i l i a ? no 1 ? .to "pypiv) io^J? by i > n n n > NST OH >?ri
.iNiwj? Νψ>ψ >n to n>n iirp?>ao p>si n n .iNiwn to own
Ηψν) to ι>ί*Ψ > ? ? P ι ο ν γ ι DNi no i - r i a ? >??o ·)>ι<ι
. b i n ? -IRI?>N . a b t o JTO'O?» ">109 >3ΓΙΓΙΊ i N i w n Ηψψ >Ο to NRI ÌNÌWJO
>3"! -«ON . A I O O V 5 N B B I N ? *I»>NB IF? Γ Ρ Ν N Y > P J I P - N O S >IRIM
îj^îriT VP^Pî)! ib ^ 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 ? W h a t is the d i f f e r e n c e
between them? 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 R. Hanina points out that the one may not move outside that domain
argument that somebody works for him on the Sabbath.
is irrelevant since even if he does not
'"i?"? ^»O Γήθ>)3ΓΙ JIN VOID 'ΓΙφ'Ν)?
nri«»? Hxyy !?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 .niv»>?n n i * i s s i>7>n>ri> >3-1 -»ON n s n n
πηψ nnya I p t n »3 ^ 15 D I P ? ? - n s to n p 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

HALAKHAH1 261
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 .
15 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 The mourner is not allowed to eat 18 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. This d u t y a p p l i e s to all golal.
those who are required to observe the 19 When the head of the Synhedrion
w e e k of m o u r n i n g . T h e baratta is dies, all are mourners.
found in Massekhet Éemahot IX. The 20 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 Qatan 3:5; the baraita is with a majority ruling when he knew
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 Since any o u t w a r d sign of
exit gate. In that way, p r i v a c y was mourning is forbidden on the Sabbath.
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 and that is
enough 26 ." 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 an a c t i o n by the
Talmud, as seen f r o m the discussion mourner, not passive as is implied here.
that follows and in Babli Nedarim 56a. 24 In all places where this is quoted
Maimonides, in his c o m m e n t a r y to in the Babli, the name is Rabban
Nedarim, d e f i n e s dargesh as a low Simeon ben Gamliel, the f a t h e r of
couch (used for sitting only in the case Rebbi and son of Rabban Gamliel.
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. This 25 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 Most commentators explain that the Genizah texts and Éemahot 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 is TU'aip. The last word,
already Rosh (Rabbenu Asher ben according to Z. Frankel, is G r e e k t ò
Yehiël, 14th Century in Mayence and κραβάτιον, Byzantine Greek
Toledo) has shown in his commentary κραββατάριον, "accessories to the bed";
to Babli Nedarim that this explanation this seems to be correct but is not very
is impossible and that the statement instructive. [ C f . also κράββατος
must mean: it is left standing as is. The "couch, mattress"; Latin grabatus, from
other commentators are influenced by Macedonian κ ρ ά β α τ ο ς " l o w couch,
the version of the Babli which instead camp bed" (E. G.).]
of the passive form used here have an 26 There is a question whether the
HALAKHAH1 263
anonymous Tanna requires more or less sign of mourning has to be made. It

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® .nom nrn adds a certain requirement to the first
irn® nina n n ' j n i nV® p-iuwVp "A 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." In this f o r m u l a t i o n , Rebbi two posts over which the mosquito
Simeon ben Eleazar explains that while screen was hung.
the dargesh is not turned over, some
it naia n>)?-|? >3-1 - i ç n irrç >ν"! η ο > η N i n rrç
n o n N m nvpßn ΝΪΊ-) .WVYJ i r n n a i a ï y
(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 ÔN
W h a t is a c o u c h and w h a t is a dargesh? Rebbi J e r e m i a h 2 9 said, o n e
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 ." If h e plaits o n its b o d y , w h y
d o e s h e rub 3 4 ? 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 T h e couch has a f r a m e and 32 Reading of the Rome and Mishnah
instead of a box spring it has length- mss. The conjunction is missing in the
and crosswise strips that a r e plaited Venice print and Leyden ms.
together. 33 This Mishnah d e a l s with t h e
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
264 CHAPTER THREE
ritually impure but wooden vessels and 34 If the entire frame is covered by
implements can. The moment when a the strips forming the base of the bed,
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 strips are not wound around
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.
of sand paper.
ïy >ONb ϊ π ν ijnv ογή Napm? ,no>on n»a?>

15»n .>qn'7 r p n o N i n y i n i .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 n a ? J}N IN ,na?iD> ηίη?
i ? livipv» ow? 'Pi* >21 . - w v © n n a ? na??")

Νΐηψ Nn»v) n>ia? no>ng. Nin n o >390 i o n i n
Ninip n ^ a Nin n>ia? 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.
HALAKHAH 1 265
36 Levi Ginzberg noted c o r r e c t l y nninsV "to o v e r t u r n it" ( B a b y l o n i a n

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 Since the friends were sitting with mourning for small children.
Job f o r seven days and seven nights, 41 The imperative nss "overturn!" is
they must h a v e slept " t o w a r d s the missing in the parallel Moëd Qatan 5:3.
ground". The agent is the bed on which one not
39 G r e e k ε ί κ ώ ν "image", a l s o only sleeps but also has sex. Hence, the
"phantom". couch is the agent which produces the
40 T h e parallel Megillah 3:5 has birth of a new baby.
jvi? - a n it? ρ κ OH) i - i u n ÌJDÌN ϊ ψ η ίηοψ î ç r ^ s ίηκ
Jiwjfc Î7iD> disi .!??iín>? n y i y ιγιν n>3 iì? ν * o n ) .ίγιν
N>1 Î7DÎN Ν > ) Νίη .^DÎN") V 3 3 TI* ÎJ3VI ΓΙ3>η)?
ON") .VÏ)) V3)?î»p VN") DJ)W lO") tC?) .to-li*"!« nJlW
Ν7Γ) . i o n i n n o * r o i y ì j > n O v - i y ο η π Ν ΐ . p N ι η η κ v ) i y i>n tv?
Ì7DÌN") .·)» n i i w i ^DÌN·) .ÌOÌN·) a o > n π α ν ? ì m .ìnn? -»»'ni
V I H * V ? i y :p_>3 ON") ,ί:ηί:Γί>3 n ^ W I ÍD-jiS"^
! ? > κ ί η l7N>>>?? liypw l a i ί ο ν , ρ Ν ιοη,ΠΝ n?iy ι:η>3ψ onnNi
n^V oh .rnin ty nìi^nn-^3 iro»n tow-io UN SÌ ' n - i r i n i
>!> 15 y y j i r v >3-1 D\Ì»? n a r m > >3-» N> oîy « 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

identical form in Babli Berakhot 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. The
43 In Babli sources, the author is Yerushalmi makes no distinction
Rabban Gamliel. The d i f f e r e n c e is between public and private obligations.
essential since practice follows Rabban 44 And he who does not fulfill his
Simeon ben Gamliel even against a conjugal duties towards his w i f e on
plurality of dissenters, but does not Sabbath transgresses a positive
necessarily follow Rabban Gamliel. In commandment of the Torah. [The
the interpretation of the Babli, Rabban emphasis on this probably is
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. This is rejected as desecration punishable by death.]
HALAKHAH 1 267
o>3*îb >>33 "top? o^-1?
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" funerals, the Hevrah Qadishah.

denotes the mourner. 47 Paid carriers.
46 T h e p u b l i c body organizing
•)ÎJl>î7yiN"| - r ç o r m *ì? Ν » Π t>>3p N O ? 191 13
>Ü7>3N pn*> a i 1 3 >3"! ^ 3 Ρ ">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 this first meal. (In Galilee, under the
family and possibly students. 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 It is quoted in Babli Baba batra
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
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). Even mourn only one day for their teacher
though Rebbi Z e ï r a was Babylonian, (Babli Moid Qatan 25b) but w a n t e d
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 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 Haadam\ Galilean (not Babylonian) A r a m a i c is
ed. Chavel, p. 144) and those who quote clear from Tar gum Sheni on Esther 1:2,
f r o m the latter. The only consistent towards the end.
interpretation is that of Levi Ginzberg:
51
>5*η M i a r n n>33> y ^ y c o i n n > r i \ ? p m i r o N?>n >a*yj n m p w >a*i
-»ρΝ . n ' a s !?iy>n i > y a "jíjin i n o > . v ? n > i p j p · ρ π ψ > ί θ η υ n o r ) r n r n 17V
Dip>)p N b N mW) n'y .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!
51 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. (A
52 I. e., a close relative died. cup of w i n e consists of t w o t h i r d s
53 More than the 10 cups allowed. water and one third wine).
HALAKHAH1 269
.•ptian " p i l i n ^ n r i i ή ^ π >)a> ο ^ ψ ί η κ π r v i ? γ η \ ν n i o i D rnyy
ini*·) ι ή η η - l i t i s n ~>ηί< ty v y f y p ύ > κ p t ç n -ιηί<> η ψ ^ ψ ί
i g ìivjpw πηψρι ,ο>>>ηΝ > η ι η ? π > - r n w ο η υ η
13*ΐ> - τ η ^ ι π ρ ρ π ν > ι ό > -τη*·) : η υ » η ·)ϊπ> τ η κ τίν lO^V ia>çin
οηηοηι -|i}>>y n « v?>irv) ν"ί?πψη i w γη 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 : two
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 . 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 Rabban
( 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 : One for the
Hazzan 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
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 - 57 In honor of those who gave their

mulation, also found in Semahot XIV. time and w e n t o u t in t h e f u n e r a l
The Babli version, Ketubot 8 b, has 3 procession.
cups b e f o r e t h e meal, 3 d u r i n g t h e 58 The outsiders who provided the
meal, and 4 after the meal for the four meal and participate in it.
benedictions of Grace. 59 As is seen from the following and
55 As an apéritif. The next five a r e the parallel sources, "Simeon ben" is a
r e g u l a r d r i n k s to go with the solid scribal error.
food. 60 T h e r e l i g i o u s l e a d e r of the
56 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 recite Grace funerals. (A rabbi is only a religious
together in t h e p r e s e n c e 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 CHAPTER THREE
61 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 a n d u p k e e p of the Gamliel's way.
cemetery. 63 The preceding story, f r o m later
62 He had himself buried in a simple Galilean Amoras, shows that "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. A f t e r him it
> i o n τ η η ΝΊΠ .'inn - j m >*o? >3-1 ,ia*i * m : > > in© ins
Ü7 Ί κ η ΝΠΝ '1-1 .r)>> ION") >t>Ì> >3*)} .rP3*ì 71}Γ) ΝίΓΓ)

1
>3-> ή i? .")» i n ^ l Ή ^ ϊ ^ ^ p v >3*1 .p-T'p!pri
Otf??* 0?1< 0>>>3N ON .pDÎp J I O ^ S >Γ1*)ΓΙ 1>P N " j n l O Ç
niçb v ^ N j p o 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. H e w a s b o t h his f a t h e r - i n -
l a w 6 6 and his teacher. H e asked Rebbi Y o s e w h o f o r b a d e it. Rebbi A h a
h e a r d it and said: 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 teacher of Rebbi Johanan. It is implied
carrying his casket (cf. Lev. 21). The that he was a Cohen.
main place of these discussions is in 66 A Cohen must d e f i l e himself f o r

Yerushalmi Nazir 7:1. his wife but may not defile himself for
65 An Amora of the fourth any of her relatives.
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 67 Before the burial.
distinguish him from Rebbi Yannai, the

HALAKHAH1 271
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
69 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 "tent". Rebbi Yose was
even though they were missing some of undecided whether a Cohen should stay
Rebbi Yose's lectures, nor to those or leave.
NT133
τ : ·
n i n n l i n y n>n l O n iτ n- i o- nτ N3N
S "Τ T T τ -
-»3
-
ν »τ π >3*π
· · :
n n a r vτ n: rro: ran
V>»o)p νγ} ν π ν - η npv? '3Ύ! 1 · Ρ ' 3 Ί 1 >3"! >ön >3-1 .mtppi

Dip)3> l i o ì n ,·)Γΐ3 >3-ι γή>ί» iv>jn .niacin 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 DIÌJ? n>> ->in>ri N^ ΝΠΝ
N^ 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 CHAPTER THREE
70 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 Probably for the saine reason that
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. The Caesarea here is 73 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 The r e a d i n g is that of the
problem is not mentioned in any of the Leyden manuscript; the edil io princeps
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 Rabbinic
(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
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

75
•îv!?¥ T ò V ì Nsi> -no>!? it»£>N"! >ian ρ ΓΠψ !?>sn> -iii>y>i v n ï n n
.noo> τ ί η > > ρ>Ν*? νΛ o n i ç î n r n v r n .ηφκ n n i n tin!?!?
riDit N»\?> ΓΠΊΤ) *ή»>> ρ·>ΝΟ ^ Υ>> ISSISI "MOÍN >ÜÍ> >3")
!?ΙΝ i n i ΙΠΝ Ν2ήη N e o n n>ny i r p n η ο ν v!?y n p N
. n y n ΐ > ì n > \ ? ? n ρ ON h ï h >pn> i r ò H V Ϊ Η m p Ν

HALAKHAH 1 273
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 Land of Israel ritually unclean but the

missing in the parallel Nazir 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 to be the Cohen to d e f i l e himself willingly
rejected. derives from Lev. 21:1-15.
76 This baraita is in similar form in 78 In the absence of a c o m p u t e d

other Yerushalmi sources, Nazir 7:1, calendar, the last two activities may be
Semahot IV:25,26, Tosephta Moéd qatan exercised outside t h e Land of Israel
1:12, Avodah zar ah 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 zarah 13a, (The statements up to this point a r e
Erubin 47a. missing in the Babli parallels; see the
77 It is not clear which verse of the preceding Note.)
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 against a squatter, in Land for study purposes is well
particular if t h e r e a r e no written established.
documents f o r either party. 82 N o t e the Talmudic vocalization
80 Any place to study in the Land Sîdân, in contrast to B i b l i c a l Sïdôn,
of Israel. close to modern Arabic Saida.
81 Joseph (called Issi) ben Yehudah 83 As a rule, any tannaïtic statement
(or Aqabiah) from Huzal in Babylonia label Van "in truth", represents
who immigrated to Israel and was a established practice. T h e permission
student of Rebbis Eleazar ben Shamua f o r a priest to l e a v e the L a n d for
and Yose ben Halaphta. He is a Tanna m a r r i a g e is o n l y for an arranged
of the last generation and known as the m a r r i a g e , not f o r a search for a
"last of the pious". If such a holy man possible bride.
leaves Israel to f o l l o w his secondary
n?ip ι ώ ν i r ò - α N 3 N >317 η η Ν n ^ n a .o?a? n w y f i inb κ η ψ ψ ine
h m n o i Ν Π Ν >2-) y n w ,D>ÛD TIN>VO> i n b NO\?>? Ν Π Ν o w n >oi>
>31 i n i » D n ï y > ? i n yny) n i w p ^ i ÌN -»»ni u n .OI!?3 Γ Ρ > n n m Nb
N W Ì 3 Î3>N1 Γ Ι ϋ ? · ) η Jl>33 7 0 Ì V ί Ο Π ψ i n b ' ^ D 13 TVTV
ΙΟΝ .Πψντί DOIT HWV ">£>)? " D O l . Í W i » 3 "12ÌV V f l ? DIS
,n>3ip>N N 3 N Ì r P Í Í J P N . o t o s ÏT>> J i n O N n'y
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 ? 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. Rebbi
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 . 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 he
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 negative
commandment. I never told him anything89. B r i n g h i m in a n d I w i l l
cause h i m t o b e f l o g g e d !
HALAKHAH 1 271
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 without
during morning prayers. Since t h e good cause.
priest has to l i f t his h a n d s f o r t h e 89 T h e o b l i g a t i o n to r e c i t e t h e

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 An Amora of the f i f t h gener- synagogue to be defiled at a moment
ation, s t u d e n t of t h e A m o r a Rebbi 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
87 Implying t h a t a C o h e n 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 The obligation on the Cohen to priests already assemble for the
r e c i t e t h e blessing. The negative priestly blessing.
nriN .Njvn inri n i n i N m - i ) ? NJW>??:I η>π> í o q ΙΓΏΝ >?-)
,ΓΡ> " P ^ V ! l ^ V rníoym
.>> "pnì?>Ny> >> ·ρη!?>><ψ ν ! ? • > ? ? j m > v o yù -»ön
.PIVI 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 ? W h e n they heard this, e a c h o n e w a s
taking himself a w a y and fled.

276 CHAPTER THREE
90 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 The Cohanim among his
phantasy. T h e w o r d could be f r o m students. 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 Since R e b b i A b b a h u d i d not
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 It is not quite clear whether this q u o t e d in t h e p r e c e d i n g paragraph
was C a e s a r e a on Sea or Caesarea could not have taken place if a ruling
Philippi; the former is usually assumed was issued by Rebbi Abbahu.
ÍO!?P oi3>>o>í?iT P ' > t ? τ ? ïïÔ niM-)> i r ò Ν p o p r r i ΊΙΟΗ
>a-t .π>?9Π>ο î ^ P P ^ V O ? n Ν Ι Ν *va N » n r n ! ? y u a n í o n >
Νίατιψ?> rn?)? i j n v o w ? n ' p - p >3*η n » p ^ n
niDipn 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.
94 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 one to an power over life and death. 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
HALAKHAH1 277
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 is p r o h i b i t e d by Biblical
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
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
It was reported b e f o r e that Rebbi and the upper cover of the c o f f i n , as
Hiyya bar Abba was a Cohen. We also explained in Mishnah Ahilot VII; in
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 17V >3-1 is
N 3 N -13 Ν » Π >3*1 Π "TV ΓΡΊ[? 1 3 7 \ φ ψ ) D T P
r m n > >3-17 π > τ ι η Ν > í o i r p n ? ) p 7 I D .DUNOÌ p - p s m n3pi>i Ν π ψ ο ρ α
VN I D ^ n S ON , ρ > > ρ N ^ I N3I3 >3T Ί Γ Ι 3 >3">
. m s n Ji)p3 i n i N w y i j j j v o ? nv3 >3-1 -ION "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, Rebbi
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 . 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- 96 All priests a r e obliged to come

on ben G a m l i e l a n d e d i t o r of the to the eulogy and funeral.
Mishnah. 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 It is not too clear who is meant. We
outstanding scholar. Rebbi 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 alone because everybody is required to honor
deserved this recognition. him and everybody is stunned by his
98 Nahoraï is really a man's name. death." Hagahot Maimuniot (ad loc.)
In the parallel in Nazir she is c a l l e d 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 of Rebbi Nassa. The
Judah II. discussion goes as follows:
99 Rebbi Hananiah from Sepphoris, The sister of the patriarch Judah II

a colleague of Rebbi Mana; see Chap. d i e d a f t e r him. Rebbi Hanina de-
2, Note 97. manded t h a t Rebbi Mana, a Cohen,
100 A student of Rebbi Eleazar and should d e f i l e himself f o r her. 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 for her during the
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 A corpse of o b l i g a t i o n is t h e patriarch, he might not do so a f t e r the
body of a Jew who is not the known patriarch's death. R e b b i Nassa, in
r e l a t i v e of a n y b o d y nearby and, support of Rebbi Mana, explains that
t h e r e f o r e , has nobody who 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
o r g a n i z e his f u n e r a l . In s u c h a patriarch is because he is considered an
situation, the f i r s t p e r s o n w h o f i n d s obligation for all of Israel.

HALAKHAH 1 279
.nn^ìalp γρερν γιγιν? νηψ ^ ίΟΝΊ "ita?!? ΊϊΡ inç

Ν * Ο » ? ! ! J133Ç > 3 9 0 >Ν ΙΟΝ , Γ Ι Ν ^ IDO 13Πί> > 3 Ί > ΪΗψ HÏÏH
Τίν 1 1 1 3 (fol. 6b) " Ί Ί "ION . y i v >Í>N ißN"! V 3 N t í a s o w p
.otoâ 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 . H e w e n t and
asked R e b b i Y o h a n a n , m a y I l e a v e ? 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 her coffin arrived at Bostra.

question is whether a Cohen may leave 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 . The clearly allowed since it is a matter of
Biblical prohibitions cannot be violated life and death.
for the honor of father and mother. 105 R e b b i Yasa did not accept
103 This city is South of the Hauran Rebbi Johanan's answer 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. It is not 106 Rebbi Johanan would not order
the B i b l i c a l E d o m i t e B o s r a . 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 o y v n >?ri .o>3in ·ή3?> i r p inç
TT>in nîn-a o r n n vn o n .πνο\?ι roi-»;? nnNl rninv» n¡?irn

280 CHAPTER THREE
ï y dn)?ìoi lits ία -VD^n " m a n i i - i p 3 rj>in onì n^ñnna
Nìn Ima >1·) -içn nn ρ .nnin DNjpio i ^ s n οίνΊα?
n n p N ν "TN . r i n N η ν ν n y y r i 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 It is explained in Kilaim 9:2 that
f o l l o w i n g baraita IS s p e a k s about if somebody notices that his clothing is
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 baraita not h a v e to stand n a k e d or in his
in the Babli (Berakhot 19b) deals with underwear in public.
people returning after the burial. 110 The Babli comes to the opposite
108 If the impurity is not certain but conclusion but, as noted before, it deals
only possible, the p r o h i b i t i o n of with people returning from the funeral,
passage for the Cohen is only not a funeral procession as here.
>33> r o l ? ? ) vi< ^ K p t y r o i > >3")
l a "pvpw n > o - » y > o i p >N3> ï H y i j n v >?") N r p .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 pism
n>tnv 'öip ^-(í? η>>?·ν r n N m . η - π ρ > n>> ρ ρ ρ α ynr)
ν!? i n p m n τ? ,n>> m n p > m mr) t ? η η υ , p n * > a n -13
nir)
HALAKHAH1 281
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 (Babli Temurah
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 which
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 for the
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 be
poor blasphemes his Maker." Since the slaughtered unless redeemed first and
dead person can no longer study Torah, the money given to the Temple. The
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 So that the deceased could not
scribal error. have heard them even w e r e he still
114 T h e Mishnah ( T e m u r a h 3 2 a ) alive.
states that a f o r b i d d e n substitution is 116 Most commentators explain that
valid only f r o m lesser to higher Rebbis Y o h a n a n a n d Y a n n a i were
sanctity. T h e highest sanctity of a outside the Bet-Hamidrash. 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
.niôn ρ 2r>yrin
It is stated: 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 of c a r r y i n g t h e bier, w h o
"holy society". will have to walk barefooted.
118 A c c o r d i n g to Ture Zahav on H o w e v e r , it seems that shoes w i t h o u t

Shulhan Arukh Yore Dea 358:3, t h i s laces would be permitted by the
applies only to professional carriers, or Yerushalmi.
π>> η i ? H >:>y>N π > 3 ΐ η ·>ψΝ·) n o s ^ n IIIIN N I t Ì - P I ? νίψ
.ία!? b i s "Iii? ' O D I ^ T ^ W ï 1?
Rebbi Zeïra bent d o w n 1 1 9 during a eulogy. They wanted to straighten
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 . 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

,
Rebbi Zeïra fell down. But 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. Since t h a t is t h e end of all
railing of his pulpit. humanity, let the one w h o is a l i v e t a k e
120 T h e A r a m a i c 'JV may mean 1) to it to heart."
b e c o m e p o o r , 2) to t a k e o n e ' s t i m e ,
HALAKHAH 2 231
ny ^ > n r i n > V>ÌD> ON n m i m a n n i s λ RWVA
VIRO? M W A V7>?IYN 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. W h i l e t h e y pass, w o r d s of and "finish" r e f e r to the recitation 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 Since the mourners can see and
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 ^LOO ΠΗΗ RIIS V N ^ O VÍ< A
Η ^ Ρ 15>?RI N M ΐΝ-»Ρ»Ψ Π ? ΤΊΠΝ Η^Ψ NRVN ON ÌN .ΪΙΠΝ NYY
.mi» π>2 η>>! r o y n > ? γ ρ ν ι Virn .nm] non η*
H a l a k h a h 2 : 1 2 3 It is s t a t e d : "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 CHAPTER THREE
123 T h e e n t i r e discussion of this clocks. In t h e p a r a l l e l in t h e Babli

Mishnah is r e p e a t e d word by word in (Berakhot 19a), it is staled flatly that
Yerushalmi Sanhédrin 2:2 (fol. 20a). the restriction of the baratta does not
124 How can the situation dealt with apply to funerals of important persons.
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 , the
is correct? situation envisaged by the Mishnah can
125 In t h e a b s e n c e of reliable apply to previously planned funerals.
1>(?>P90 V » o v ç y TP'P?*? VPP^n 19VOW
o n ")3>3γι ν γ ο . 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 .nârf?
. w n o v a >3γιι n o i o w í o n oi>? n j v ì j i o ^rupri!? v ^ t o ?
It is s t a t e d 1 2 6 : 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 . ) H e n c e , it be VDonn.) [A s e e m i n g l y similar
clearly deals with a eulogy after the baraita in t h e Babli, Berakhot 19a,
funeral. 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 t?3?3 Ν ΐ η ψ τη l o o n ? ! * 1 3 ^ Ν ΐ η ψ >?-} - » ç n
>7? ιν>ν> ^ n j v m ι η ί η ^ n i p p NID j m > ON
i n f l m>?N I O N r n ' N a .!>¿73J?> ï h O'NI innN
.nâjii ì y ION? ΊΟΝ i n i . w r r p n ΐ ? κ η ϊψ IÇN? *τη ν ι ο ί η κ
ÌNOi .ria^g v m p n ! w n -107 INO . n > > a N ^ I o n ? > a >5-1 ίκ>Η
.bins 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 Qedushah
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 in the
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 O^ÌD now rnv nn >ari
D>5? V I O T . V P Ü ? CP?? n v - 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 .ΐ>?>>η
mìo? oivyp - 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 .mi-iHN roy)» o y n nôpn·) .rrç Ί Π Ν
rm\po o > > 3 N n j m p i y n i n a y * » ^ n n j W N - α awn ^
nnpiy ninawpn in»y> 'Pi1 ' ¡ η Γ ρ η η m t e P î p jmnri
o n i - j n n m NJI?OÌB 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 2:2):
134
"When he 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 the text of the Babli actively console are not exempt. The
(Berakhot 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 of honor", but most position of R. Samuel Tosephta.
manuscripts and old authors have 131 Since they cannot be seen by the
"because of honor". Also, in the Babli mourners, the may recite the Shema'
only the second part of the Tosephta is for t h e m s e l v e s without offending
attributed to Rebbi Yehudah. anybody.
According to Rashi, only those are 132 The question is, what is the last
obliged to read the Shema' who come teaching? We are informed that the
out of curiosity whereas according to original custom was that the mourners
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-
HALAKHAH 2 287
solation. 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 time
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 Sanhédrin
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 in
them. This is the case dealt with by Jerusalem. Here t h e copyist (or t h e
Rebbi Judah, that there is only one row editor) seems to have doubts whether
(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 Since t h e e n t i r e T o s e p h t a is the hypothesis of a gloss is preferable.
Rebbi Judah's, it s p e a k s of the case 135 In t h e V e n i c e text, "Rebbi
where t h e r e is only one row. (This Simeon of the Tosephta". 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". Tosephta might be t h e
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.
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 .
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 may things later in this section, it follows
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' is
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 n^n ρ™ ft ηπ .τπν * wrftNt * νοψ l?>3>? o m y
,ηηκ -p™ ft -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 .
HALAKHAH 3 289
138 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 reciting from the obligation slaves who
Shema' as an obligation to be accepted Judaism.
.na -p-m N i n y n y ^ * τηίπ o ^ i ?
Minors from where? (Ex. 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 way it applies to adults you might
difficult for two reasons. 1) It is a think that tefillin apply to minors the
generally accepted principle that 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 this
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·, from here
perform mizwot. 2) The verse deals they said: If a minor knows how to
only with tefillin. watch his tefillin, his father makes him
In the Y e r u s h a l m i tradition, the tefillin"
statement and the tradition are not The argument presupposes the
unquestioned. Both Mekhiltot (Mekhilta statement that minors are obliged to
dR. Ismael, ed. Horovitz-Rabin, p. 68; have mezuzot on their doors (meaning
Mekhilta dR. Simeon bar Iohai, 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
give the same commentary on the next have mezuzot on their doors). Mezuzah
verse (Ex. 13:10): "You must preserve and tefillin are always mentioned
this decree in its time, from year to together in the first two paragraphs of
year". " W h y has this b e e n said? Shema'. 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. Boi h Yerushalmi
understand this to include minors. And and Mekhiltot agree that some
it is logical, since mezuzah is a positive explanation is needed lo distinguish
commandment and tefillin are a between the rules for mezuzah and
positive commandment; if you find that
those f o r tefillin. However, the
mezuzah applies to minors the same
M e k h i l t o t extend the o b l i g a t i o n of
290 CHAPTER THREE
tefillin 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 totally
whom the study of Torah is a irrelevant; it is needed to exclude t h e
permanent obligation, i. e., f r o m Bar- 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- and if that were a general obligation,

vergence between Yerushalmi and women would be automatically
Babli. The Yerushalmi states that dispensed f r o m it. 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. The
of the Yerushalmi is repeated but then opinion of the Babli is t h a t of
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 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 , everybody who eats must give praise.
w o m e n and slaves a r e r e q u i r e d to In t h e Babli {loc. cit.), this r e m a i n s
recite Grace from the Torah since questionable.

HALAKHAH 3 291
.nino? O'wîîji «WV IJ'M) 195
K i n η * >N ο > ν ό inis") O>\ÍÓN i n * n o n ? irçrçn n)>y ni¿>i> r n s » - ! ? ? )
n w n N>n η n o .p!?1?^ n a w m i o yap 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 » non? i m n Ν n\yy
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 noia
JNNVJ? NJVN ON ·ΡΨ ÌJAII POYO RAÍ ION , Π ^ ^ Η Ρ NIOA Η!?>>
Ν>ηψ ο ν > Vj
T h e r e ( M i s h n a h Qiddushin 1:7) w e h a v e s t a t e d : "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." Because a
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: 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. The
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 The obligation to m a k e a f e n c e f r o m the T o s e p h t a ; it a s s u m e s the
around a flat roof in Deut. 22:8. position of Rebbi Simeon to be
146 T h e obligation to wear zizit in generally accepted.
the third section of Shema' where it is

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 >3ΓΙ
NÎJ . i n i i n ο > 2 ΐ π ni* N ^ i n γη n a i a a » n ΝΠΙ . l i m n
l i m n 113*1? Ν>η Ν»> >?-» -ION .M^ÌO Ν ^ DN Ì!?>3N n>n ON

Λ
>?•> .rpa? Nìn ΐ7?Νψ >p T · ? ^ ^ npiai nya^ì ^ ^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 mentioned is that of saying Grace. The
s a m e as "not b e i n g o b l i g a t e d " but second statement means, e. g., that a
rather "having already acquitted woman, not being obligated to hear the
himself of the obligation." 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 and recite the appropriate should be e x e m p t e d in t h e first
benediction for somebody w h o did not statement.
hear the blowing. The only exception 148 The exemption m e n t i o n e d f o r

HALAKHAH 3 293
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
f o r Shema' 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
(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 action and cannot 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.
the Galilean practice that the r e a d e r
l i O O V >>>> 71D*n D O W ? Π ί ' Ν Γ Ο Ι Ρ 1>3 D Ç Î Π 3 1 Ρ 1>3 Π10
pini Ν Π Ν ' i - η >pi> >2-1 .rtyiy-^ r o - n ·ρνο 3^!? ήν)Νΐ
Ì3»N 3^1!? . ο > η > 3 ί n J D ì J ro 1 »© . 3 ^ p ? n j p ì r o w V 3 V~>W
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 ,ov3 t&y >ηύ
Hïy ->ψ?>κ n-jiri .!?\?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 and lulab? Sukkah applies
both nights and days, lulab applies o n l y d u r i n g d a y t i m e 1 5 1 . Rebbi Jacob
the Southerner o b j e c t e d : But t h e s t u d y of T o r a h applies by night as by
day? H o w is this? Sukkah will end; t h e s t u d y of Torah, it is i m p o s s i b l e

152
that it should e v e r e n d .
149 It seems that this paragraph is colleagues.

put h e r e because 1) sukkah and lulab 150 This is a shortened version of a
were mentioned as e x a m p l e s 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 46a, w h e r e
Yose ( t h e A m o r a ) a n d o n e of his Rebbi states that one 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 that the benediction "Who 151 While sukkah is one continuous
commanded us to dwell in the sukkah" o b l i g a t i o n , lulab represents seven
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 It is unreasonable to say that a
Temple, taking the lulab a f t e r the first boy on becoming Bar Mizwah should
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; hence, the once and not repeat it for his e n t i r e
obligation of the second day cannot be lifetime. Sukkah at least gets a new
covered by the benediction of the first. benediction every year.
p 10)7·) m a p tav"! ι ί ρ ν Ì J I N >?ΓΙ
. p j: n—bs > 7· ·3: »l •u' p• :a n o :Nιτ vν r i oτ > » oτ i r o - u- > υ ν m m á Ν Π* Ντ · ·

-ION
~ τ
ÌN η ψ Ν ί Ν ΓΡΓΙΪ» >ο 1?WT ( Ί ^ Ν ) ι η η π Ν τ φ ν α *ina>ri
η ρ κ !?ιν . 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 ο η ψ ν p > ΓΠ>Ν>3 N i n n
It is s t a t e d 1 5 3 : 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. D i d not
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 : All t h e y said
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 ? 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 5:17, Babli Hashanah 3:9.
Berakhot 20b, Sukkah 38a. The entire 154 He who does not know how to
piece is f o u n d in Sukkah 3:11, Rosh say Grace may listen to a companion

HALAKHAH 4 295
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 for males who have an 156 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 T h e minor must be e d u c a t e d ; 157 In some Tosephta collection no
there is an obligation on the f a t h e r to 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¡? .1 mvn

î j - u p - t o w r m n > >3*1 .n>?9> :p.3>? ú w π η η κ ! ? :p.}Jp
Mishnah 4: He who had qeri158 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. from the Torah. He does not recite the
159 The recitation of Shema'. rabbinic benedictions before the meal.
160 Grace, which is an o b l i g a t i o n
.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 ! ? vôvpîQ iJ'N") yçy> U N ί ο ί ρ n t n r ) imp!?
v o y ) m s ν " > i p V"i)?iN d > o ? d ì " v n j ? ">121 ηη.Γ)Ν> ν > )
·<?ηπΝ>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 everybody in the Yerushalmi.

Halakhah t h a t even R e b b i Y e h u d a h 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 in
not recite unless he washed first. So which the position of "the Sages" is in
this statement is a g r e e d to by the name of R. Yehudah.
WN1 toaw l i n o ì ο>» ν?)? n j w n itoy toaw n > i n >-ιρ ϊ χ ι >?ri
>!> c p i - i n r u s w s h n ύ > Ν ì n y i -»no ο η ΐ Ν ψ o ? o p i t o ini
,OÌp)3~^3)? D N p D>V3-)N "lOÍN ìTTV >3*ί .HNO 0 > y a * ) N } "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."
164 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 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. In Roman m e a s u r e s , t h e log
qab about 5.07 U. S. gallons. One seäh corresponds to the sextarius, and the
HALAKHAH 4 297
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 T h e p a r e n t h e s i s is not in t h e 166 This translation is not
Tosephta or in the quote in the Babli guaranteed. The Babli (loc. cit.) takes
22b, and does not belong here. The the s t a t e m e n t of Rebbi Y e h u d a h to
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 majority
immersion in a miqweh belongs to the opinion in the Babli. The idiomatic
"18 ordinances" passed by the 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. R.
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. If t h e p a r e n t h e s i s is
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 to
from the miqweh. The rabbis of the enforce immersion in a genuine miqweh
time were a f r a i d that in time washing can be r e m o v e d only by such an
would supersede immersion as (illegal) immersion.
means of purification, so they decreed
ν>>>?ψπο n ì y n i ? ">t> 1? > : n o w ? NO> >3-» ΝΠΝ Ί ? n p y ? m
in'o w a "Pío o t o q ? n i í o i a ^ ü ni* d n i t ION ι ο ι π an ,n\f»nn
O V 1Ρ3ΓΙ 1>3ΓΙ .-ΙΠΝ - 0 7 0 V"!>?N ' P V >3"!") D3V .ΓΙψΝ»
^οψη;» rD>ç·) n y n n a i n»Jiy)i ΊΙΟΝ o n i î p s n
ji>>Ì .oniîpsn o v i îD-ns p n p >>V3 ^ ^ÎO n\?>nn
H ï y >-»(? V N l o w 13 V y n r v >3-)7 >i> i ? y w i n ? n j > > ? Ν*τη

298 CHAPTER THREE
>3rim oi> ìji\?>o v m m ">îi3 .η\?·>»η \y>»y)rip
ΓΡΝ .0>Ί13>3Π O í ' ? ^ ^ ÍJ1ÍN Ι Ν Ί ψ 1? Πψ^Ο
.coiwa will? 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 immerse
167
themselves secretly in their normal way on Yom Kippur . 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; one speaks of a full 168 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 .

HALAKHAH 4 299
169 This means that sexual relations everybody and requires a kosher
should be s t r i p p e d of t h e i r animal miqweh, in t h e Babli it is n e c e s s a r y
nature as m u c h as p o s s i b l e ; the only f o r study and may be d o n e by
sanctification of marital duties applies washing.
to all Jews. T h e parallel in the Babli R. Jacob bar Abun was a Galilean
(Berakhot 22a, in the name of R. Yose Amora of the third generation,
bar A b u n ) reads: "so t h a t scholars 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 are two main differences before immersion; the expression here
b e t w e e n G a l i l e a n and 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 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).
n
Ji^nv n o -içço N j ^ n ì ? ? v p i o n »inn ">3V ì3 ^
N p i y n>> i n o -içn m n ν ' Π Π } ,η^πη -pin» n a
T3V!
170
Rebbi Hanina passed by the gates of public baths 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 . pronounce the Divine name (and,

"public", here understood with hence, to pray) but not to study where
β α λ α ν ε ΐ α "baths". 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 came and the time for
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 to go and immerse
Mishnah") since t h e interpretation themselves before praying.
given later to qeri only hinders one to

300 CHAPTER THREE
>37 I O N . N Ü N -IKSN NTN ,ΊΒΊΟ I ) ? N N»PW .NODN Τ Ν Ι Ι ->N-)N!? INN
LIYPW "»A .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 24b) it was
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 T h e son of Rebbi Simeon bar rule was to allow it.
Yohai. His d i f f i c u l t a r g u m e n t 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 "»7« INI? .INI*
Vayni l>73iyn n^V in p>N Dipo ιηψ *tü γι^ν ov

FR Π Ί Ο Ν Λ 3 7 ^Ψ IJINAW OY pptvb Ν3Ψ "RNIO ΗΨ^Η R N N Y N N!?\P3I
it> m τ»: Nir . :M- NONID

τ ··
N > ) RÖτ -IÖN
- r
.riînio
ν ν
>J>N J Tν? .I Ì O I»N
'
ON
ΝΊΓΙ
NIN NÇRI? OY ^mw Ψ ^ 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: 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
immerse myself175. 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 that a miqweh was not used
for Torah study as in Babylonia, it also for this immersion.]
applied to women. In winter in upper 175 Meaning that as an u n m a r r i e d
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 miqweh famous for speaking b e t t e r classical
one could use a hot bath in Babylonia. Hebrew than the rabbis.
174 A parallel in Babli Berakhot 22a 186 The argument here is not
is explicitly designated as a baraita, perfectly clear. T h e r e is a verse in
dating from Mishnaic times, 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 (except on holiday eve) penis, the only boneless limb), but that
without drawing public attention to his speaks only about males and, in any
unmarried sexual activities. However, case, the slave in a Jewish household is
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 human

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 . That
conversion. Hence, no verse applying 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
to heathen is a p p r o p r i a t e h e r e . 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 . In t h e Babli
his father and his mother and stick to (Niddah 47a) it is stated that slaves
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 ^ JiNtn n b n o o nis ιΟ n i l - o N » n >3-1 I Ç N
flV^S"! N i n η κ *i3jì» ί ο η ψ to Π Β Ν ONIÍ> ."noim
Γ Ο ί ν ή M lτ N Ì D - I Ì O Nτ *ìOÌN DT1NW
τ - ν ι
ÏÏÎDOÎ τ
D 3ν W 1: N U
τ
O I: Sτ
.-»ΙΟΝ τ η ϊ η η : π y i n y } ion ,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.
177 Rebbi Hiyya bar Abba the 179 Any ^nn "there" 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 that this immersion 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 Bera-
most ardent practitioners of the ritual. khot p. 56), that in his time scholars in
178 Not having sex in those nights Babylonia did not pray until they had
where study starts before dawn, i. e., all cleansed themselves by washing.
week except Friday night.

HALAKHAH 4 303
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 ."
180 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. This proves that
relations. This gives support to the women were included by Divine decree
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 naiv) >3*i OW? .ηνηη
ή η ί ρ >}>3 .T1V-I3W ·η>3ί ΓΡΝ .ΓΰΥ>Βη
>3*1 -VN "»3$ Π>ί?-|>3 ·)ία DV >3 ΓΡ> ΗΌ·> >3Ί
wnn? r)'î?-)>û π η ? η>)?ο} >3-» o y o ^ a I O N "is Ν»ΓΪ
.*T>3i» Ν τ η ν ΓΡ> π > Ν 7 n o Ί Ο

182
It is s t a t e d : "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 is

186
forbidden all these." Rebbi A b b a bar Aha in the n a m e of R e b b i : 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. 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

189
Name . 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 not independent thinking; in contrast to

parallel in t h e Babli, Berakhot 22a, the construction of sermons which a r e
only males are in the list. T h e bardita s u p p o s e d to b e o r i g i n a l w i t h the
in t h e B a b l i is a B a b y l o n i a n for- preacher. 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 From their genitals, t h e male the next sentence.
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 Lev. suistic statements of the Mishnah; that
Chapter 15. requires individual mental effort.
184 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 This is the derivation of prac- Bible.
tical rules from the Biblical text, as in 190 Note that all Amoraïm involved
the Midrëshê Häläkhäh to the last four here are originally Babylonians, but
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 . While the
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 Which need only memorization, seems f r o m here and the story about
HALAKHAH 4 305
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 ? n^B
q n a i ! n>isj"| q>a n r i ? n v r i ? 13 η·ηη> n>> -ÎÇN .na OMpsp
i n n i>î>n?i ΝΠΝ - α a p v ? >2n -»ny . 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 Ν3ΓΙ7 « Π Jl>WtO? ."l?nj7
II'M *V?IN > 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 CHAPTER THREE
191 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 Tanna of the fourth generation,
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
reader was reading the Torah in the R. Yehuda ben Bathyra II. All his
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.
God's word is compared to fire and fire 194 The prohibition of planting or
cannot become impure. sowing several species together. The
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". Usually, a
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 22a) in the f o r m u l a t i o n planted one by one in separate places.
n n ·n· :a- • 'ïï^n»

· · - :
ν - τi nτ n m τ m »
w
τ · ;- -
n oτ o: os > n i > ··d n
τ
mτn· : N nτ as! ?" n - a > o v
p o r i tö η>> ί ) ? ν ,>ηοο ν ι π π γρ> - ι ώ ν ,n>w n > ? *m ty
-iççf ρ i!?>3Çji ·>ηρ>>?> n*uj w n n ι ι ψ κ p i m > 3 y ? n>> n ç y
ν^Ί l o r n Ninn iiin» d o n ; n>> y & 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.
HALAKHAH 4 307
195 Latin semita (the Rome ms. has uneducated with which one could wash
κυηο'κ, strata "a paved [street].") This off even adultery with a menstruating
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. Hence,
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.
it became a ritual in the minds of the
nirvn r p p - u i \ ? î ? *τη N ç n >ΓΙΝ ΠΊΠ i?
-ION .Nvya Minn ΊΟΝ 1?Ρϊι ^ -»©Ν >ητρηι
-«oís iiorn iva .>riy) η>> I O N ,>riy)>p ν ί ι ι ΝΙΠΠ >ON
Ninn> ΊΙΟΝ ΙΟΠ D I ? V?? X^N ïï} }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! When they
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 : 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. Its t i m e is six
Guggenheimer, Etymologisches Lexikon generations a f t e r the preceding story.
der jüdischen Familiennamen, Saur, It negates t h e n e g a t i v e moral impli·
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 avoiding washing but that one is not allowed to
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 >an
! m \ ? > n a vi>>PDJ?ì ν ^ κ ψ ><in-)> 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.
200 Rebbi Yannai, f r o m the first parallel in the Babli (Berakhot 22a) has
generation of Amorai'm, makes it clear only the first part of the statement and
that essentially nobody uses the miqweh no hint of using r u n n i n g water.
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.) The
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 .n n j v a
N^VÏ r » a n n >(?n Ν ^ ψ riiPDjpn^ì ni!7i£ ON l?ia\p> t v
O>JNN O>«A NODÌP? .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.
HALAKHAH 5 302
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. totally impossible to pray the Amidah

202 T h e Shema'. The leniency w h i l e i m m e r s e d in t h e w a t e r and,
mentioned here is not only if otherwise therefore, one cannot completely
the time f o r Shema' would pass but follow the practice of the very
even for the usage of the very religious religious.
(Chapter 1, Note 155) even though it is
."»>NO V 5 > Í5>3 Í73N 0 > 3 * ! 5 NJVXTH? :71 n s S f l
, î m o > o>p p>p?n w a to'ON rmrp »a-p
. ρ > υ ? η Niny) >-ho r m n > IN o >5 to ΓΛ ON 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? o*ia n î d o n ' O N - i ç n ìji\2»>? w o w r£in
Π3 V ? ">3 N 3 N v n o w n >an >η-ι .ν1?)) " ρ η η υ η V N t r t i N a

tjn* N>-ia ^VV»*) P0nv>2 W
nyyjji îp"!* . v ^ v n n p e Ví< ttñNI? n > i n .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. A sick p e r s o n 2 0 6
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, a h e a l t h y person w h o d o e s it
habitually needs 4 0 sëah. 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 exaggera- cannot 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. Even if he was
immersion; it means simply: let him be seduced by his wife, there is really no
inconvenienced. intercourse against one's will. Hence,
205 It is d i f f i c u l t to k n o w w h a t one has to conclude that all authorities
" f o r c e d i n t e r c o u r s e " means. Any 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
Halakhah, w h e t h e r 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. In the p a r a l l e l of the
intercourse but only of involuntary Babli (Berakhot 22b), Rava reports that
emissions. In the second case, one any V'nn needs 40 seah. Since the
HALAKHAH 5 311
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 only two categories are
in little details. mentioned w h e r e one would e x p e c t
207 In the Babli ( 2 2 a ) , Rashi ex- three, Rashi's explanation is the only
plains V'jna by: "he draws qeri upon consistent one e v e n if it d o e s not
himself by having i n t e r c o u r s e . " A explain the particular verb form.
strictly grammatical explanation would
fiirüoV (foi. 6d) r o v r n ο ν ή m * - α npy? n n ? n m ç >31
o I N nìd o n 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 Talmudic passages "an "to blind", in t h e p a s s i v e "to be
outstanding man" means a particularly blinded", makes much more sense.
.-»ION ÎNl V I Ì D V ? NJVJJpÇ .ÍOpv) 0>Ö3 INÎ? ON) .NptJfi
"toy? Í>ÍD> ΝίΠ ON)
New Section. 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 Berakhot

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 JINÌSO? V P ' n - i o
r j n s nn-ttpw n ^ n ? NVW ow? r p p v .ni-ny> Ίίΐύ Νΐηψ
rua?) . p m x >?N n j v j j i b i Ν ? * ? « "îçn π ί Ο Ν ya-jN ρ>ηηη>

1
>?·) i o n > m >1*1 η η κ . j i î ô n V3")í< π ν ^ π ρ » p>n-j?
tC? ·)5>3ΓΙ ΝΠ ï y r n w ' p a ON n>> ."ppiiD mTw>oa
It is stated: One removes himself211 from human excrement four
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 ? F o u r cubits." Rebbi A m m i in t h e n a m e of

213
Rebbi Shammai : 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.

Shema'. This s t a t e m e n t is f r o m T o s e p h t a
212 Antique technology of making Berakhot 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 t h a t r e f e r s to t h e
skins were steeped in water containing paragraph after the next one here.
dog's excrement for a lengthy period of 213 The tradition of n a m e s is im-
time. The steeping water had a possible since Rebbi Shammai was an
horrible smell. This baraita 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
HALAKHAH 5 313
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 IVi?

N ^ n iiiKisiïp ννήϊο ρ κ 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. They asked
before Rebbi Abbahu: Why does one separate himself f r o m his
excrement and urine? 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 awakening comes only when the baby
has a long vowel û, is written defective is weaned.
in the Bible; hence, it can be vocalized
314 CHAPTER THREE
na ί?Νΐηψ .niöN non? νρ>η-ια I O N Nj>in - α >?-»
ρ 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 jinììo?ì .jiìon i q * i n "inn
.0>ni7N3 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 Some commentators p r e f e r to
specific case. understand "Edomite", but the meaning
218 In the Babli (25a), the excre- "red" is p r e f e r a b l e since red chickens
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 . n i o N y3-iN V I π η ρ i>p>n*y? >35
Ν "Τ Γ)? .ÍJIÍN Γ ΐ ί Ν Ι Ί v y y y Oipn Ί)ί V33> Ì73N Ί η η Ν > ΊΏΝ"| Ν Ϊ Ο ΠίΒΝ
>>>ο i n n V~)>?n N»p™3 '»ip 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:?
HALAKHAH 5 315
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 m they were sitting close to the outhouse.
Ίρ'ν ·Λ "a bad smell that has a material 223 The text is elliptic, but we do
source." The opinion of the Yerushalmi not know what is missing. Generally,
corresponds in t h e Babli to the ma means either "on the other hand" or
minority opinion of Rav Hisda. "in addition".
,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?? ON"! N I D ^ D o ? n OÍJl> )τ\) n\?>nn
n'y*?"! H ? i n o i .N*ÎtÎ7> U Ù o n · ) ί ο ρ > D'O Ji>y>a*i irò
-IOÌN !w>>>?a Ì ? l i y p w l?*î "ΤΠΝ1 "τη^ .τι>ν>αη
"»OÌN ή ν ί ρ ν ) >3-1 ,Η-)ρ·> Γ)\?>ΟΠ ΠΟ>ΟΠ Ι Π Ν ^ ψ
nnri "Ty ÌN *ry *wy l y y V>î?")V to'Síf
n 'τ r»n i: i N3>3n

T
>a-t n ..i n n tτ i ->a
. . . . . -
N τ» n· · > ·m ovio ν πτ τν n a aj?y>
I
m .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
quartarius c o r r e s p o n d i n g t o o n e quartarius22%, be the vessel small or
large. 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 . R e b b i J a c o b bar A h a 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 : 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 in
we are dealing with a chamberpot used U-shape.
at night which is empty at present but 230 Probably 10 by 10 cubits, which
still smells f r o m its p r i o r use. The gives a diagonal distance of 14 cubits,
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 "square
cubits." The Babli (25a) deals cubits". [The use of "cubit" f o r "square
separately with full and empty c u b i t " is f r e q u e n t in Yerushalmi
chamberpots. Kilaim.]
225 The Shema'. 231 A student of Rebbi Yohanan; his
226 Rebbi Z a k k a i the First, Tanna birthplace, 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 generations, later o v e r r u l e d by Rava
or about 4.5 fl. oz. U.S. (bar Joseph bar Hama), the leader of
228 As m u c h w a t e r as w a s 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
volume of urine or e x c r e m e n t in the Babylonia.
last use.
iqiyt . p i n ? n!?\?i>? N i m r ^ ? D N Í * >:n o v a -13

><!
,η^ν pp-j n i í 13 npv? op . n m i s "pon y i r ç » ìiD ?3î ">3 I P V -
.N3?>V?> Ηψ_ i » Í O W >3"! n>> -IÇN
HALAKHAH 5 317
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 : A
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. 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. "immediately", like a fish that has to be

Rebbi Zeira is on r e c o r d (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 Rebbi since spit dries quickly and a f t e r w a r d s
Yohanan. 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. Rashi (Babli does not evaporate. One may consider
Qiddushin 4 4 a ) a n d 'Arukh (1 p o ) the treatment of the Babli as answer to
explain this expression to mean: R. Zei'ra's criticism.
n i ! ? 3 n: o- r oτ r : m γ οτ > ν ι nv>>»n
τ · -
>Jiiv)N"»n
- :
r oτ r: m o n a· τ o: d nτ ^·· o n > d· v« n nτ > n··
. 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 >?-> ,n\?>sn
> ? - Η r P O ì p p a HO] >3") n i n . r q > m v v p n\?>pri > > 3 0 !»n> Ν ^ ψ - r n > n i
.njin Nin? 3*115 ^Ν^οψ

234
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. This r e a s o n also
Another approach is b a s e d on applies to the next paragraph.
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 . Rebbi
236
Joshua ben L e v i m a d e a small c u r t a i n f o r it.
236 D i m i n u t i v e of nV3 " c u r t a i n " . 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 be
Berakhot 25b, s t a t e s t h e d a n g e r s of understood only as a c o m m e n t a r y on
sexual intercourse in the presence of a 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> Hb
ϋ>3ί*>η·) V b y 711131 bOSP ^ ^
o y ó Ν3Ν >3Ί .ìD>n -ry . * ι π ι η i n * ΐ 3 ΐ >3? b y "pili n > n d n . 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
HALAKHAH S 319
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 Soferim 3:13, and then qualified that one may not sit on a
Massekhet 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.
τη n n 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 For reburial in an ossuary in a
the respect due to holy things. The cave.
. 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 ? îny*
V i n ? -r>ay> n ! ? 7 * r a > a i m a x >a-> o v a >an ,no>on niwynna
niyw-p V^Sfl 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 on
the headboard of his bed. 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 o n top and the straps o n the b o t t o m 2 4 3 .
241 For the same reason as before, down. [While Kîpn a r e p a l m - l e a f

to show respect. baskets, the Latin e n d i n g -arius is
242 Since he was a student of R. suspect. It might be better to derive
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 should not hang as a pendant
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. In the Babli (24a), this is a rejected
Hanina himself. opinion. One requires (here that the
243 In the interpretation of J. Levy, tefillin 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 NÍB
p n a p r a n n i s > t p n " i >?n ί ο υ η r n i n i íO
HD P(?il -ION " I j n v >3"! . p p V I ÌQl* V£> ^ 1H> ΊΓώ - ! W O ^ l
.-irli» Ί Ϊ 7 Ν " » Ì O N ."1ΓΠ0 V-JDN> 1 W N V33> ,>P} ÍOÍD ΝΠ»\{>
Nirrf pp*n vnn? »Ii« q ^ o !?£>? 3 > r p 7 NÌD N-jn
>3-> n a i a p p v r ? τισ?3η n u s p p i i n i n i N η> ^ ywin? λιον
ΠΊΠΝ ">3 ΗΊΗ 1 Ί OW3 N J J S ^ n 1 1 "WF p p - J ÎOV
P I "|13N >3*V3 n i ö N V3"|N "Τϋ p ì V
. π ι ο * V3"|N t>Tfly "fü ppìin

HALAKHAH S 321
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 - editor of t h e Babylonian T a l m u d . Its

ation, of the collectors of baraitot. In 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 As usual, t h e real a r g u m e n t is
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 holiness will f a l l a thousand, but ten thousand
(prayer). on your right hand side." Hence, t h e
245 In t h e Babli (24a/b), R. Hanina right hand side is ten times as impor-
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 Greek σ τ ή λ η . T h e stele in t h e
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, Lesöncnü 32 (5728),
ted as an act of Rav A s h i , t h e f i r s t 276-277], 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 A p a r a l l e l in t h e B a b l i ( 2 4 b )
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> ION .nim y i i N i>ry»v> i n !?>3jp> ÏJN D>& pi

V31N :pi»n >-r? Νηψ Ι!»Σ>Ν n!W .JIÍON V3IN 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), of the Babli ( M e g i l l a h 27b) but not of

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 the Yerushalmi.
person should not u r i n a t e at t h e p l a c e 252 And t h e r e is no p l a c e in t h e
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 and states that one is
himself f o u r c u b i t s . If it is d r y or f o r b i d d e n only at a p l a c e 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> o>>3 .DSV? v>3>jw tü dníü αι. ow3 n ì n >3"!
ί φ -»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 nilOíf O ^ ?
irii> D>)?3 i>oon n i n >31 n>p^n i o n .n>?a *ry ηην >31 oi¿>3
HALAKHAH 5 323
o s y ? r p w y ii7>flN f y ΝΪΓ) y ? i o n >?*) n»> i ç y .riNiarj ρ
,D>>(? nôo γη o>>j? 253ηψ£ρψ rnw»f
Rebbi A b b a in the n a m e o f Rav: 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 . S a m u e l said: U n t i l its s u r f a c e is
hardened. 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
excrement? 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
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 This refers to the earlier state- r e j e c t e d as a m a t t e r of common
ment that one has to remove himself practice.
from excrement until he no longer sees 255 A c o l l e a g u e of Rav in Baby-
it, and f r o m urine f o u r cubits. The lonia. He 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. T h e r e is no d i f f e r e n c e 256 Refers to excrement only.
between the T a l m u d i m in praxi for 257 The seeming r e p e t i t i o n shows
urine but the conclusion, 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 "As long as it is recognizable" 259 As recognizable entity.
n p nriN·™» η ψ φ ψ ί ρ η " ! inpyj 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 impure and consequences, it is not n e e d e d . 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. Similarly, the immersion does not need miqweh 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 pray it is of a
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 it
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.
HALAKHAH 5 325
Nin b>yio π κ - ι ψ n p (foi. 7a) >i(? ΓίΝηψ l i t ? ti? Λ nain
>2*)) 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 In both cases, the impurity of particular case, which is not in the
qeri p r e c e d e d the s e v e r e Biblical Mishnah, is treated in Babli 26a where
impurity and, nevertheless, the it is stated explicitly not only that
disagreement between the majority and Rebbi Yehudah d o e s not require
Rebbi Yehudah is the same as when the immersion but that the majority require
severe impurity precedes qeri. This it.
DN>?IO> a w 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 .rnwn ηκριυ
ÏXH rtip. ΠΝ»ριο> ow owp Nin rppyo >)n ton
.rm
τ
n n T τw :n i o
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 He e l i m i n a t e s ihe rabbinic
263 Does the severe impurity elimi- prohibition against studying Torah and
nate the minor impurity, or does it 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 rnaâ 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
τ -s
N>n ν ττ π- s ν>π m τo: Nι τ n tτ d- 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?
'yân 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 :K m v n
VN ^ V 5 ? n ^ S í » ,nn?»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. The earliest
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 p r e f e r r e d time fixed for this
n>> nâ jttN ·>η tjn^Ni -IOÌN NÌD p i .nâj? « « 'Mi Φ
.nâri it w ->H) . i m ? in>ia w» >?•; 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 it. (Hence, as noted in reference to
serve" and i m p l i e s some physical 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 qualified as
Temple service, the actual offering of "service by the heart".
sacrifices and all that is connected with
I l i N ì n N o v a Nrfrjp V W Ì ì w m v i i ? JinN? i J w ^ y NTI>
Ί*ΡΊ n ç t o ·ηη>Γΐ .rra-pv' n r r î o > ^ s w Νη> , - ι η ί η >niD-;a ty
n i n >τ ì n p ' i o -noi!? *no>ri ρ way)? . o > w r v t i ? n>> ι>η>η«ι
Y h > ? ">3? n ^ - î o a i^vibyi NO? , κ η j i o i p γα i i y
nan"! n a n a \y*v3 .^sjw toip ΜΓΙ> · ° η π ¥ ί "»ì^ì
.niyi p i ijpi^ 7io>ri irnn>? νπ> , 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.
HALAKHAH1 329
4 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 . The last
were fashioned after the Temple r e m a r k s a b o u t moving one's lips is
service. T h e v e r s e in Daniel is not neither in t h e Babli nor in the
discussed in t h e o r d e r it is w r i t t e n , Tosephta.
n e i t h e r is t h e o r d e r of t h e verse
D>
N>n n î n i "!?1 W V? κ ^ ΐ π >ρί> ra-» -hon
ίοηψ .niyj p-\ ,rm? n : » - ^ ·)?>η .na> ϊ χ ΠΊ^τρ
toip D"TN ΝΠ> κϊύ •)?>» ,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 Hamnuna, a Babylonian contemporary

B a b l i ( 3 1 a ) in t h e n a m e of Rav of Rebbi Yose bar Hanina.
Htyn liDÎp ">3 W 7 "»3 W 7 N ^ ì p P
n m ,·>ηΐ3 ï y 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 I p i t o w n riis H2. .nniw ΠΓΙΝ
ion .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 from Chapter 1, Halakhah 8, at note

belong here but is taken word by word 265 ff.
••s-
m τn- : N nτ ?v ·^: m
· " S -
ΝΊΠ
τ
i s- r oτ v > : n . N τ^' pτ ij >t>sn
·· s -
N Tτ H
: ·
- a- N Sτ N- m
Ν Π ί ^ ΓΡΓΡα >3? 1ί£)>η Τϋ Ν 1 ? ^ ! Ν)Γ) N J V l ? ΝίΓ) 1 ? .ηψ>Π>?
. . .
NTlì^* Ν3ΪΠ
τ : ir
Ν Ιτ Ν- Ι: rPJl>3
....
Π>31ί Η Μ >31 "ΙΟΝ
-
,rP3>0
.. ·
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 of Rav, he 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.
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 . r n i N > η^>?Νίη υ π Ν ^ ί η ψ >riiiNi
niN")> ' r i o t n n n n JIÌN->!? o r i p w o w ? > r i i i N H ^ N I *

HALAKHAH 1 331
o w ? » r i i i N n ì 7 N i n b N * :p?a>n l i s o aiv? ^lü®?
,m T iN> r i ^ S N » η? rn\tö »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 paragraph is f o u n d in me see it in the West." T h e f o r m of the
extenso, the next t w o p r a g r a p h s v e r y Midrash is appropriate for early
shortened, in Midrash Bereshit Rabba Minhah ( h a l f an hour a f t e r noon), the
68(11). T h e r e , the o r d e r o f p r a y e r s is 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, c l o s e to e v e n i n g .
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 .οί*τφ> n i r m n n i ! ? ' ? ^ i ç n ^ >3-1
VN"! >3$ nis ο ψ oipjan ï y npm
pn^pn n m n n r ú a n T i ö y n " i n ' i n n o s rimari hïh rn>ny
->o>jn n o ? .nân n ^ n ηη>ψ v n i t t t ^ i n i t o ρ η * >
foi.) v i ? » ï apv»o i i y n .irvvy "pay;> λ ηίον> o ">))>)>
N3 ìV??? ">ç>rn η*?? tày V*) o i p o a (6b
yipri Î3N") n ^ a j ^ ì r u n d i j i ? N^JI ïh -iniN"! niNi*
Rebbi Joshua ben L e v i 1 1 said: T h e y 1 2 learned prayers f r o m the
patriarchs. 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 ." Speaking means
praying, as it says ( Ρ s. 102:1) "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), benedictions.

the opinion of Rebbi Joshua ben Levi is 13 Usually translated as "judged".
ascribed to R. Yose bar Hanina and the 14 The essential proof is from the
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".]
originality, they simply a d o p t pre- 15 Usually translated "came suddenly
existing ideas. upon the place." For the meaning of
12 The Men of the Great Assembly "Place", see H. G u g g e n h e i m e r , The
who instituted f o r m a l p r a y e r s and Scholar's Haggadah, pp. 268-269.
rus ."»πψ ϊψ T > OÎ?P - ι η ψ η .nos ni!?>£>jp η ρ κ "pa-y)
πνι " p p n p nnijan n£>an r i ^ v n "τπι*η
r i p a INÔ ni^ri V 3 nî>r» o w n v n s n
V^V10 Y^Î? VN Ν Ί Π ΝΪΓ) .OJIO RMIN
t7ìD>N l i « nniN N>n *riy N Ç i r o r i >a-> *v?n .ovrrl?3
.rû^rrîrç na\»n u a ï y v n y on-jpi

HALAKHAH 1 333
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.
1
o)o3i ^ ψ Ί odi >3-» >3ΐπ .rmn> >31 inù r n i n >*vnn
->£ÌN N i n ^ s . n i y y w y a IN n i y ^ y3"i«3 "U?ÌN row ,ιιίνψ

. n i y y y a n N ? ood-i vy)pv>n on·) o ' p p π » κ η λ ι ο ν wyj η π oi»n D i n ?
*Ì(?33 «IN .Jiiyrç» y3")N3 ^ΟΞΟΨ IPAA NÇ .">I?n3 NÎA? WIT

JVW3 NÎOi 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. [ T h e only B i b l e
which connects the derivation to t h e translation that can be clearly dated to
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 Here and in the next paragraph, 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 -
one supposes, as in most T a l m u d i c respondence between Hebrew and
derivations, that the vocabulary of the Greek words.]
n p i a >ηι ,·)>νψ J i ^ a nvi N»n ,i>VV J ^ r a NO> > : n
i ? > o i o i p n 13>3γι NiTj . v v v -im ^ o i vow n n p n p n>3inr)
. r m i i y ? ο > η ψ niDípn !?i>¡? i n s .rnira ίοίρη ο τ ι ο τρ?η
Rebbi Yasa prayed at three hours 1 9 . R e b b i H i y y a bar A b b a p r a y e d at
t h r e e hours. 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' and
prayed a f t e r three hours. 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 this usage; the f i r s t two p r a y at t h e

times t h e r e c i t a t i o n of Shema' and 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' at
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 It is current practice to recite the
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' during the
the last b e n e d i c t i o n of Shema'. All preliminary benedictions recited
authorities quoted h e r e s u b s c r i b e to immediately a f t e r one gets dressed in
HALAKHAH 1 121
the morning. Then the remainder of Torah and may be delayed, in p a r t i -

Shema' is just recitation of verses of cular on Sabbath and holidays.
niD>o >n>3 η> χι >31 ova ήο»ρ r n "ΐζπ rm> i n i nnyn >n
nniN? ,D»7> w v m 2τ\\ ï y n i s ì p >ÎW ΠΠΝ
d ^ ? W wìioì NÌD t j n a v m ^ n -ΡΝΠ π ^ ψ
">ηψ 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 day. 24 Which cannot be used f o r t h e
Usually it is brought at first dawn. perpetual sacrifice.
22 T h e Babli (Menahot 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 e o f f i c i a l s of t h e T e m p l e t h r e e t i m e s b e f o r e b e i n g used as
336 CHAPTER FOUR
sacrifice. 16:7 and that R. Y e h u d a h ben Baba,

26 In t h e Babli (27a), the n a m e is who was killed in the a f t e r m a t h of the
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 in the
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, Yebamot
ϊ ψ n i a i p >πνμ in!? v n r i m n N y v p jiid>o η Ν η > >a-i ί ο ν
toy·) ϊ ψ n i a i p >πψ o n £ ηίοιι .d>vd? ί ^ vm i m
r i s i n a n n n n WW DÌ r u o i n > s n > ip>apn onnn w
j i ú i i y n in-ia n y y η π ί Ν 2 .Ϊ7ίατν>> n o n a ò âp·; n ç i n n n j ^ y i o " )
•Ji?30 a n ^ i tjpaì
R e b b i L e v i said: 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.
27 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
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 Israel case is more correct.)
ο>3ψ r v n n > N>?y\? o v n JIN p t t n . " p a v f VWP TO
.ovn Nnny .oiôoy/ v\?>>pia w

HALAKHAH1 337
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 G r e e k π α ρ ά κ λ η τ ο ς (also mea- is slaughtered with the wrong intention.
b y - p n n inri Ν>η Ν*ΤΠ , ο ν π -T»D i r i o > n y ) N n r i y )
V? ovn T Î P n»?y> J i y a o ï y rpany)? n i ? ty onyô n>n
Nirrj . D v n n»?y> n y a o 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 sacrifice has to be slaughtered North

p a s s a g e is in Sifra Num. 142, in of the altar (Lev. 1:11).
changed f o r m Babli Yoma 62a, Tamid 36 This is not a continuation of the
31b. previous argument but another inter-
34 In t h e w a l l of t h e 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 I. e., the sun. Every holocaust
338 CHAPTER FOUR
nman n£>an «loian n£>am n m p n Ji£>an "ijnv r n o W ? Ν>>Π
ova on >id oi»a v ^ V ? W Q VV? i n n .nip-pp
ì!?>a>fì i j n v >a*i o w n .npiip ηοίο !?;?3Jin> > 7 ?
o w ? n i o ->3 i n j >a*i . n p i i p nn?OD riâj? h ? oi»a
>3rin"| . T i p i i p n m p n n ^ a ^ i ·)η>ιιψ !7>3rin> H ? o i » 3 ljni>
. N 7 ? t ö n ^ n r i i ΝΠ paoißn n n ^ n n nâaji onpn
V P O > r i > t p a ) ? >ι> y y / i n * >a*i n i h d 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 prayer has precedence 3 9 . Rebbi
40
Nathan bar Tobi 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 prayer,
he has d o n e his duty." 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 If on a d a y that r e q u i r e s a 39 Following the general principle:
Musaph prayer, a person has not "If a frequent duty and an infrequent
HALAKHAH1 339
one collide, the frequent one has prece- to do it.
dence" (Babli Pesahim 114a, Y e r u - 42 Greek άριστον ("breakfast",
shalmi Berakhot 8:1). It is reported in later also "main meal").
the Babli (28a) that Rebbi Zeira 43 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 A student of R. Yohanan, whose all. In contrast to the recital of Shema'
house was close to the Academy. which is bound to rigid times, prayer
41 Meaning: If somebody did, w e may be said too e a r l y as e x p l a i n e d
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 Yehudah which is n o t from the

statement in t h e n a m e of Rebbi Tosephta.
o>no$ :ny . 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 ? onyó
niy^j n m n -ny f o n i r r a n ç n riiyî n n i o - r a y j ^ n n d ì i >ya
o>3-iyn ì y "nnri> n m p r i η ψ ρ ί η Ν!? r r i IÇN nsqjpi
ν* ,α-iy n n ? n > 3 ? γ ι ν y ç nnioj? ' r i ^ a i ? "pn oy\? n ç .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 nyy
T h e r e ( P e s a h i m 5:1) w e h a v e stated: "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." Rebbi Jeremiah asked: Here47 you make
Minhah at t w o and a half hours and here y o u m a k e Minhah at t h r e e and
a half h o u r s ? R e b b i Y o s e said, Minhah 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 Minhah
46 The afternoons of the 14th of prayers should be fixed at 3 ' / 2 hours
Nisan and of the 14th of Iyar. before sundown!
47 Regarding prayer, the Mishnah 48 The evening portion of incense
1
states that Minhah is 2 /2 hours before was burned at the time of lighting the
night. The next "here" r e f e r s to the 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
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 ΓΡΓΙ la >?-»
>)pn)?7 oy D>>>33ion oy >ρ!?ο ΝΠ>ι ίθ>3Γ) ·)3 >?-) -»çn .oi»n_l7D

.ον ϊψ VÌÌPJ? Jiy> Ni*)? ny> :p>N τ>υη-^3 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 anything stopped.
HALAKHAH1 Ml
The root Dim appears only in the where non w n i is the opposite of Tin
expression ηηπ 'ΒΠΒΐ. While in the 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 Replacing the verb K*B "to find"
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 Ν ΐ η Ν "TN v-yi γρερνι ηηηΝ
w n ? Νψρψι .Νπη?>Ρ7 >> αη>η >>Î?T v i n ? t?
! M Η >:NN "»OWN 1 0 7 NDD ,ΝΙΠ NOÖ'N
-ivi ο ψ ψ t ù ì s nnyi l o p ? n » ^ i ^ n v >:n ION . o b i y ty i v m
OÍ L7N*W> *>>(? 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 .IMAN ΙΊΤ VU;??
nm-m n i d o r i ya ο η ν υ ρ o n y -i)»v> ι π ν * m .^n-iç
i ^ ì NÍÍW n*T>o>»DW "inN -137 . o n y i OHVV "»V?^ ~>ΠΝ
.yrçhn 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 mizwot,
w i t h o u t terumah and w i t h o u t t i t h e s 6 2 . Another explanation: Shinear,
b e c a u s e its rulers die as youths. 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
53 Yom Kippur. 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 rabba: Gen. rabba 37:4,
seems that the Yeshivah of Rav had an Threni rabba, Petihia 23, Eccl. rabba
i n t e r m i s s i o n b e t w e e n Musaph and 12:7. In t h e f i r s t two, t h e r e is an
Minhah on Yom Kippur. additional explanation of Shinear: A

land whose (Jewish) rulers study Torah
54 Since t h e i r s y n a g o g u e s w e r e
as youths (but do not continue studying
outside the cities in the fields, the sun
as adults.)
on top of the date palms may indicate a
rather early hour but probably inside 58 Only in the Deluge the slain were
t h e t i m e f r a m e a d m i t t e d by Rebbi of all mankind.
Yehudah. 59 Taking ivJiw as shaf'el of the root
55 The text Kan makes no sense. In nyj "to pour out"; a later explanation
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 In the Targumim, puum means
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 Since they had no olive oil, they
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 Latin situs "situation; filth". provinces of the Roman empire.
57 This p a r a g r a p h is an a g g a d i c 62 While in old times the exiles tried
interruption about Babylonia; the 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

HALAKHAH 1 343
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 ψ. rm>
Rav acted according to Rebbi Yehudah. If you do it following the
rabbis, Rebbi Yehudah will not agree. If you do it following Rebbi
Yehudah, the rabbis also will agree 6 3 .
63 T h e previous 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.
Since the time frame of Rebbi Yehudah
n ^ a r n nannrrâw iioo .rimari i a - i r i >? o a »an i ç n y»yr?
>a*i > 3 9 >3-17 n n ? N a * >a-i - ι η κ i n r i n>ri\3>\y N 3 > n n n)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 u n ow? vviiin>
η ν ο ψ a v > i π η ρ κ ψ ïnmy ïV v p u m ^ p n ^ s j p a n m n i ê » > i > ty n j n
π ι ψ O ' w n n lajpi α > η : π .roy o>w?n n ' w η> ϊ ψ inîy v n ν^πί obiy
l i a >a*va >oi> >an ί ο ν p y n n pp> .rniavn Na*n iw;
»a-» . * m > s r > i n " P n > > ρ r n m >n i o n ndî (foi. 6c) . i r ò m ^ o > n y i
rm?-;n >3 n>rj"j ί>νο >an dw? κηρ^η γι Ίίνηγ) »an ijnv >a*ì owa N»n
From where about Neïlah64? Rebbi Levi said: (Is. 1:15) "Even if you
prolong your prayers. 6 5 " 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
(Num. 8:25): "At a g e f i f t y he should return f r o m the worshipping hosts 6 7 ".
But in fact it w a s 5 2 6 8 . Rebbi Y o s e ben Rebbi A b u n said t w o y e a r s until
s h e w e a n e d him. 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 The argument is f r o m the f u l l 68 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 Seder Olam,
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. 13:1) that Saul ruled only f o r
heard. two years, and on certain not obvious
66 Amora of the fourth generation, principles of i n t e r p r e t a t i o n of t h e
student of Rebbi Joshua from Sikhnin Bible. Shiloh was d e s t r o y e d w h e n
(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 In fact, Hannah gave that detailed 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.
HALAKHAH 1 m
70 R. Hiyya bar Abba. In the Babli somebody prays with the certain idea
(32b) he supports the negative opinion that he must be heard. The Yerushalmi
of Rebbi Levi in the name of R. clearly accepts the first statement of R.
Yohanan, at least in the case that Levi but not the second one.
DON α ϊ .Ί)ηί> >η-η a - j yn>3Ji>N ι η σ > ρ 7 p i n n ^ y j κ > η >ΓΙ»>Ν
1 7 V >3*Ì -tphf ηνΨ n^V?? ί ο ν ρ η ν >a*T) n^V
riis ν κ ψ ύ ο > 3 η 3 η D>i?-ìfl r r ç h ^ a , ρ η ν >a-i> Ηψ·>υτ? ν η ^ η » κη-ρη?*
.onjw .«luios ova o>oy? OD>?3
'"ì.V^ ^ V ? " ^ n t> .onisco ovai .jmipyçai
.OV3
W h e n is Neïlahl T h e rabbis o f Caesarea say: R a v and R e b b i Y o h a n a n
disagree. 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 . And Rebbi
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 . Rebbi Yudan
A n t o r d a y a 7 2 said: 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 72 An Amora of the later
Heaven are l o c k e d . 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. The name p r o b a b l y is a
notice a sudden darkening of the sky in toponymie [ f r o m Antarados, on the
the middle of the gradual dusk. The Phoenician coast opposite the island
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 ) . Antarados is
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 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 Since the priestly blessing may be
to Jerusalem f o r the week to which it recited only during d a y t i m e , the
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 conducted Mishnah must have been 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> .Nil l-l-J •Wtf?'»* ΝίΓ) ΗΊΗ F P ß ' h q rPlQN
N3>nç ο>-))/ψ >JV?I> >> i r v n >>Î?T ï i n ? >ηη>τι

-
ί ο ν nb ) η^ψ - i ç n n i d "pan α τ τ rpri\?>v>
y n n τ η ri i l 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.

HALAKHAH1 347
(Levi Ginzberg explains that Rav, in reciting prayers before the Amidah of
whose Yeshivah the Galilean Minhag Neïlah. 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? η>> r n y y nainw τηυία ν ι ψ mn> -jnvi m i n >ai> mi>
>3*1 πη >υν - i m >\?3>η y»
>39)? ^ ' 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£>)¡» l i n ! ? » ρ >η>ρ
>31 >3ΓΙ"| ")ia >oi> >3-) IÇN rriçia VN 1?
DÌ> >Νΐ»ί0?1 >N3Ì03 TTIWV D j i ö ^ tyùm 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 . Rebbi
Abba said to Rav Huna: How may he mention havdalah80? 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 Or, from Marnai (Khirbet Mam-
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 Genezareth),
Rav Huna's teaching. Amora of the second/third generation.
79 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 does f r e e one f r o m e v e n i n g
80 It will be explained in Mishnah 5:2 p r a y e r s a n d e x p l a i n s t h a t , in the
that at the end of Sabbath or holiday opinion of Rav, the evening Amidah is
work is p e r m i t t e d only if havdalah not really obligatory (and, h e n c e , is
("distinction") was recited in the 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
evening Amidah. Hence, Rav's decision Neilah.) Havdalah is said over a cup
seems to be impossible. (Even though of wine.
it is possible, but undesirable, to recite The next statement in the name of

havdalah only on a cup of wine, in 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 This baraita is a commentary on
81 R e b b i J o n a h , of t h e f i f t h Mishnah 3; it explains the opinion of
generation of G a l i l e a n 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 T h e seven benedictions of t h e khah), including t h e end of S a b b a t h
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

HALAKHAH 1 349
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 VV-V ϊ χ *ÌN
"loô w i n ν)ίό3 IN Ji>3i»Tl? Win
j i i > n > n ^ n w J13V >i> "(a y w i n ? >3*) o v a >31 win w ó
n>>V T » p i N «10103 Π3ί3Γ) b y Π313Π3 η Ο Ι Ο ν κ ψ >3 ty I N η^13Γΐ3
r o w n ϊψ - 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 Moon88.
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 even though
there is n o Musaph f o r Hanukkah. 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 even though
there is n o Musaph for Hanukkah89.
87 These rules a r e i n s e r t e d h e r e Mondays and Thursdays without

because they a r e about statements of interruptions as explained in Tractate
Rebbi Joshua ben Levi in the order of Taäniot.
Amidah prayers. 89 The parallel in the Babli (Sabbat
88 In general, fasting is forbidden on 34b) is in the name of Rebbi Joshua
the days of the New Moon. The one ben Levi only; t h e r e the reason is
exception is in the case of a prolonged stated that "the day requires four (or
draught when one fasts while praying five) prayers", and since the addition is
for rain. In such a case, once they required for some of the prayers it is
started the severe fasts, they continue required for all of them.
m . CHAPTER FOUR
n y w >3-) . w i n WNn ϊψ Min " v ? ^ "jíon n ' e r t i ηνη!? w i n vyNn
ΓΟ"}3 -1J0ÍK "IÇN N3>1NI U") .ΓΦ3}{3 DON ">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 .N^RN
•N3N >3->7 m r p N ^ J Í p a s p i ,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. The dissenting o p i n i o n s of
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 on a fast
about Musaph. 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 prayers and the additional
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 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
HALAKHAH1 251
17th (Dmn, "thanksgiving", a place 91 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 .ni^jpi n i : m · ρ " Ρ Ρ " » P ì n ' p v >3-1 . " ρ ι ο ί ρ η ? ? ?
n>> - h o n Ν ' Γ Π v y - p ΗΪ) linaio ^ "pyun rpiyri ia ymviin
> p v > 3 i > n i p -mon N » p p s p yji> >ηι .ni^pi n o n ? ιηίρψ nVHini?
. n a i ? r m > >3") o y > t n > >3-» ορ .win v)n->3 ρ - ρ ρ n a Ί 3 n i v >3-> o y ?
p "ijpiN γρπ N> N3N ΓΡ> -»ÇN ΝΙΓ) îiNö nvny J^N n>> ίιον
Ν ΓΙ 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 met
Rebbi Y e h u d a h ben Pazi. H e asked him: Did y o u h e a r t h a t f r o m your
father? H e said t o him: 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 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. 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 .
92 Both on the day of the New Moon Babylonia on other fast days, Ex. 32:11-
and on f a s t d a y s o n e r e a d s in the 14, 34:1-10). In Babylonia t h e r e would
Torah. T h e r e a d i n g s a r e e x p l a i n e d in 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
Mishnah Megillah 3:6. 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 rain, not read in the B a b y l o n i a n one-year
blessings and curses. Lev. 2 6 : 3 - 4 6 . (In c y c l e but in an i r r e g u l a r 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. For e x a m p l e , on 95 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 Rebbi
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 the 96 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 ( κ α λ λ ι ρ ρ ό η "the
93 Meaning, falling on their faces for beautifully flowing one"); it possibly is
p r i v a t e p r a y e r a f t e r t h e Amidah, a 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 not
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 Not t h a t t h e r e a d i n g is to fixed. Everywhere else one knew that
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 a fast day and
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 has p r e c e d e n c e over the
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> win w ñ n>»p-i? ÎV>?1?
rn>?N Ν Γ ΐ υ η κ » > ö n > p i p ia!?n -im .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."

HALAKHAH 1 353
97 A scholar not otherwise known. the maphtir 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 pçrçp

-
> 3 - 1 > 3 * η ΡΠ3>9 > : η . n s i s n a τ η ^ ) v i r » w î ô ? η ψ ^ ψ ^ ion
n s w D S τ ι ψ ^ ψ V")ip ΙΡΤ ν η o y > 3 r r ç ìv>9 Ν3>η\ *I? η}Η
13 . w i n W N i n ç n ç ÍOÍ* >ν>αηη n i I V ' " ^ "W!
η ί > η > n s w n ϊ ν w i n v w i !?ηψ V?n >a*i> î w y

1
J i B O ç ΗΪΗ > y > n i n ΗΆ Η ^ *iç>n -j ? r p N .·)ηίρ η^ρψ ν>ι nay?
. - 1 9 0 7 N31>>Ny N i n i Π>> -ION N * i a p > .Win V Í Ó
Isaac t h e trader a s k e d Rebbi Isaac: What does o n e read o n a N e w
M o o n that falls in H a n u k k a h ? H e said to him: Three f o r t h e N e w M o o n
and o n e f o r H a n u k k a h . 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 s a c r i f i c e in the
Babli (Megillah 29b) he is called Rebbi Temple. On the Sabbath, seven r e a d
Dimi. (and the maphtir reads one additional
100 Usually on Hanukkah only three portion). Hence, it seems impossible
people read from the Torah, since it is that t h e f o u r t h person should r e a d
354 CHAPTER FOUR
about Hanukkah. Rebbi Mana's answer, that this is a

101 This p h r a s e is missing in the really stupid question f r o m a scribe
p a r a l l e l s ( Y e r u s h a l m i Taäniot 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. Most 16 times a year, has precedence over
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 .o>Np w a v
>3 ÏHynyï >31 N3>50 ION ,D>Np NOÍ> Ί)> N ^ P I l >>S> ^ S P I
i n y a Jiaî >>>> 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>
1?V> n o b N i r ? i y r n r i Nb-) >3*) m n >3·) -ION .jiaî
V i p i o mi*»*!? ρ w n p n iip>t>7 7iyì . γ π ί ρ η by b i n o V P ' P t o
Ν)>3Π
r •
>31 " I-O τN I: NTτ rnON
τ s ιτ
ΓΪΡ")
τ
.Ì*vy3: NOÌ*T
τ
13
» ν
Ν5>3Γ)
τ ·
>31 J13^
» *
Ί 3- 3:
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 ? tày.. I*"! Τ\Ά\) ϊψ
>3") . 0 > N p N O V Ν^ΡΉ 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

HALAKHAH 1 355
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 . You
have only what Rebbi commanded his speaker Abdan: 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. As a
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 rabbati Rebbi Yehudah and at sundown for the
23; the parallel in Babli Berakhot 27b others. Since Rebbi was a student of
disagrees fundamentally with the Rebbi Yehudah, it is possible that he
practice explained here. simply f o l l o w e d his t e a c h e r and
According to the Mishnah, the time 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 in t h e B a b l i ) , a n d that 104 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 obligation and in 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. T h i s is t h e medieval may be said only after sundown.
Ashkenazic tradition. [The Babli states 107 It is an obligation to s t a r t the
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 The village of A r r a b e h , North
gogue.] of Kafr Kanah in lower Galilee.
103 It seems that his name was Abba 109 If one forgot to recite evening
Yudan. In the talmudic academies, the prayers. R. Yannai c e r t a i n l y a g r e e s
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 Even though e v e n i n g p r a y e r s
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. It is probable that the to the leniencies of Rebbi and Rebbi
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 Hiyya.
Sabbath afternoon when everybody
-IÇN t?N>>)pa mio anyn i o n » ? r i N a * I ? a p y ? >3"> n & N
•paw? γ π π ι ο υ η ' a n -ιών .πινή n m yy)in> r r » .nain
n£>y? m v n η κ π i n o ì . a n y bw r i n v i a n ^ y ? γ η n a i n i m Nrm>a
.any Jinois
HALAKHAH1 357
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.
111 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. His t r a d i t i o n f r o m " t h e r e " Shema' is obligatory.
(Babylonia) and the following story a r e 113 But, as stated b e f o r e , e v e n i n g
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 In a d i s p u t e b e t w e e n Rebbi health.
Joshua and Rabban Gamliel, p r a c t i c e
nto t o n .inn α τ ν η >3τ η * ^Νψι N 3 y t i w *r>n>ri? η ψ ν ο
i m .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 .jiwt
V\thn> >3->i \y-iiTi n\ih> t?Ntom i s t n>m ,:ρτ>ν>Ί ^ 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

-
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 .oyn
yf
nhi ìD>n .τ>οη qj^T ? ^ ^ OÇI^V!
n
n>n"j ,na>w iwNTtos ν^οι^·) 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>
••τ
to W>\y
·• ν
d iτ nτ >twn
·· : -
v nτi n N· : to ü w
τ ν
o tτ nτ >tv>n
·· : -
>aoo
·.· ·
τ η ν otoña
>τ>Ψν τντ η?ηψ η η ΐ ¥ 1? ^ Τ ty ίητ>η> ηη>η n o >?·) ,η3 ntonn>
ν η otooat» ο ο ί ο ψ t ç n 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 MQH
>3") « m rrç ·)3>3Γΐ 1)9ri .ro>w>3 n n t y i ? - i > 3 i t u s ì3>«nnv> o i > 3
i b N n ^ N ο ψ τ ν η D^D >?i π η ? 3 D>03n n n t y 13
Î7N>>)?î 1 3 1 Ü7 Π ^ π "Τ?» D Í I W IIVIW l » W y y P Í W 0>)33Γ) >*Τ>)3>3ΓΙ
*T3V 3>JI> η > η ? ψ Ν >31 >IÍ ÍHN . i n > 3 3 i o » a ! p i n i o t n i s ϊχη
>ÍN . ψ - ρ ο >)>3 JW p n ? n>> . » η ιρκ ρ>·>Ν ΓΡ> ,^οηρ
τπ η η ΐ ν is >31 > 3 5 • l ' ? ^ ">8Ν i t » i ? n m y ">ντ!?
>ο η ^ r r ç » 13 n î t i w >η i b -IÇN .DÌD N3>Î?V >31 V i m ΓΡΝΙ
->9$ ïï^'P ri^n ι ? η·ΐ»> i n « n | n i s n ^ I n ^ n ι Ο
ϊχ η κ .!7N>1?)3J 1 3 1 b y ΟΓΙΚ") >ìnì o r s i n i ^ η!?!?»
.γη η>3 i n ϊ ϊ ι ϊ ν 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

HALAKHAH1 359
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. As we have stated there
(Mishnah Zebahim 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? He
answered him: Until now you did not know? 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 CHAPTER FOUR
114 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 This insertion is more detailed
115 T h e "Amora" of R a b b a n Gam- in the Babli (28a), w h e r e t h e question
liel, one of the "Ten Martyrs". is discussed h o w m a n y s e a t s were
116 T h e hazan was not o n l y the added 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 elitistic
also the general organizer of religious exclusionary policies of admission to
affairs. In o u t l y i n g c o m m u n i t i e s he the Yeshivah were scrapped. The
was t h e r i t u a l s l a u g h t e r e r a n d 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 previous
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 A Galilean Amora of the f o u r t h
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 In the tradition of the Babli, all
117 In t h e Y e r u s h a l m i , " a p p o i n t " of tractate Idiut was presented on that
(nan) is the equivalent of t h e Babli's day.
"ordain" ("|»D). Rebbi Eleazar ben 123 In the Babli, his profession is given
Azariah was ordained the same day he as charcoal-burner.
was appointed head of the Synhedrion. 124 The argument is taken f r o m the
118 In p r e - w a r Poland, that was the ritual of the ashes of the red h e i f e r .
usual age f o r sëmikha. (In the Babli, The ashes have to be given into "living"
the age is g i v e n as 18 years.) The 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 be
Scholar's Haggadah, p. 265-266. assumed that the care of the ashes, and
HALAKHAH 2 361
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 u p o n t h e d u t i e s of the
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 tyajyia n > n r o j ? n 13 n o i n ? λ ÎI)v»
>3N >3io>3Da in1? i o n m ro>\? n ç i!? n m .rmp

,>¡?>0 ty 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 - authorship of Sefer Habahir and many

ation, t e a c h e r of Rebbi Ismael. In mystical teachings.
Medieval mysticism he is credited with
Ηϊψ »riiaN >n>Nì Λ ή ΐ η >n> -IOÍN i n ® ί π ο υ ρ η Λ ηΛη
linon η* noçj ντ>£>ί?> > 1 3 0 N ^ Ì n ^ D T » ? " T ^ R N
'JINiM??)
: :
.-ΙΐυΝΓΙ
τ τ
Π Ντ V J O
· -
N ^ I -»DiöD
τ -
ΓΙΝτ "ÓONÌ
ν: ?
H Ï Vτ .ΝΟ\3Π
·· τ -
ΓΙΝ? I D·· O )
τ :
* »3N m i n - i o ì n n n ç ì j i n ^ u i .Nan n * n o!?ìy>
nrii ni»p5? >rni vn*j»n j v i >3Vh»n ??riw 'ti^ni >n>N

i n i "Tpivy >JN · ΐ > > η ν 1ΓΊ η ν σ ^ ΐ ρ 'na?1» n ^ o n r i > r m >p>n
nityri h ï ΐ)0Ν3ψ π η ψ 10) ·1"!>> lì vnV? >?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 * qfâ^n l i s n >n> λ ο ί ν i n ç i r i s a n *ιι™ι>
n>vï) .m!? ^ n>yri επν ïy wriiow n ^ r i
rjrniJi «rupi .m> ϊχ D I N JIN?Î? H Ï ) D I N by wriioi?
Π ί Ο ψ ψ η θ ' ! ? 3 ) 3 13(70*1^1 ΠΙ* 1 3 m > ΐη>3}ί T p i n
.qpy 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
HALAKHAH 2 m
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.
128 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. It is his f a t h e r ' s p r a c t i c e s . 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 aio
η η ? η > w r n n N >nri ì7nì n i n a n i o nn>w w w y r i u à qpv)
n i o p n !?NÌ D i ' ) ->ψα rojpjp >-n> ì i ? * " ! ^ ^NÌ w?? w m p n NÎ
·)ΐη . n a n ) ? ojia-iDi n o i y p o n j ^ ç y 0 7 1 ι ψ α >ι>α w>rii3itjp
.w>n>? r n n p a n^nj?)? ïïTV I ^ D 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. In modern universally accepted.
Ι ί ΐ η ψ iJ>rruN wrùN •>·> q>3a>n l i s i N i l - a N » n >:n
>31 . N i n 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 » ¡ £ tù
130
Rebbi Hiyya bar Abba prayed : 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 131 Galilean Amora of the third
personal prayer. The previous text 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> η ψ Ό ν ^ ο ψ Η - o o i r o n >2-1
Ì3N) nais-) niwite u j u m t p y νηη ï y Y?iy n>ayrr) Ί Ή ψ η ψ
nt»>vaw ηίΝψ i D ^ p >01 UNI >(an ΓΙΝ rjíis-j n i w ^ o > a » o
>rii3N * >n> N'JN .ia nb m γηψ yrm
iiíiü-jp n j i ^ l n w v í l ι π ν υ ρ τ η
HALAKHAH 2 365
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. The prayer, with minor "endowed with the quality of",
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!? r n i p rpjç!? Ν ί π )
133
Rebbi Yohanan prayed : 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.
133 The prayer of Rebbi Yohanan in meaning seems to be that he prays for
the Babli (16b) is completely different. a marriage that always retains the
The first prayer uses the wording of feelings of the wedding day. "Future
the last benediction at a wedding; the and hope" means "existence in the
366 CHAPTER FOUR
Future World." lems that remained unsolved the

134 Find the solutions of all prob- previous evening.
>> ρ1?ηψ i u n M?H ,>p>o ^
. a i o nyîjö 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 the mindless from responsibility if they
Mishnah. 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 ìli > ni*»»
136
v?3 innari 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 η manuscript of 137 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 will be
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 ηΊΐ.ψν r m o y n o b ì :> τ α / ϊ η
on , r m o v ? >>
' (foi. 8a) ϊ ψ w n i j o aìJisî
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* ιΟ") í ^ a ^ o r i
.•jnâip ν η ψ π inib íjns

HALAKHAH 3 m
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 Since Ps. 20:2 is adressed to
different names; many allusions given David by his students (or the Syn-
here are not in that list. hedrion).
"TOiy o-jNV) 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 u n ? 3ìriD^ η ί - ο ^ η τη'ψν rn

1ί>3ξ? Ί 2 3 V?'» ^ "ήηΝ ΠΊψν νηνρ CHN QK ΓφΠ >3*)
!?Ν 3>31?)Ύ) >3-1 >nip >θί> >3-1 >3 "»ÎV^ ^ ^ηη .Γ03?3 0>03Π
.ont o>yy>i3 ^ y i ìy >?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. Also the fol- 144 The mention of God introduces
lowing discussion has a parallel in the a nineteenth Divine name.
Babli. 145 This implies that the benedic-
143 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. Hence, the original
Rabban Gamliel, the Amidah prayer number of benedictions instituted by
consisted of only 17 benedictions. the Great Assembly was 18. The
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 surroundings beyond
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 nnaiwaV
HALAKHAH 3 m .
n p » n ι π τ nwVoi na«·· y¡n3 n n o i n n i one for the Davidic dynasty alone in

Λ
Ί3ΐ» ηηκ η η 3 .ij'B'3 m n a n a v n i 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 the Israeli prayer, for and soft τ 131 (voiced th) were almost
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 DIN ηQN> ON .ipi»? ρ η * ?
O M N-IP?·) iti -RINÇF IN RNY>V ÏÏV 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 149 Since Jacob is mentioned

that verse. implicitly; he speaks about "my name".
370 CHAPTER FOUR
ΐΓοψ ivìva rn.yy n i i n y · η ) 3 " | 3 π ν >3"! o w a > 3 9 0 3 Ί 3 t r ç o n y i >3"!
13 3Ν>>ΠΝ ί Π Ν ΐ ρ •η!?}} Ν ΐ ί n a >3"! - « ρ Ν ΐΐψ*ιτ33
. » a a p ! n>ait> t v i ç ^ n x
Rebbi Samuel bar Nahmani in the name of Rebbi 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 . R e b b i H i y y a bar A b b a said, o n l y
f r o m (Ex. 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 section, v. 21, t h e r e would be 19 times
construction of t h e tabernacle. 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 -
151 S i n c e f r o m t h e s t a r t of the ded Moses".
o3 ian3 m i m i ntoip νηψ τ ^ ? p n y >3-1 -ION ."|»3>? m\¿> ^ ψ νιψ
ov> Tyi Ίίη^ηι ιιη3ψ irh^N νηψ ι??? Nnina» γιν 'ΐ-ι -içn .ο>>ν
.na^D
The seven152 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 Amidah. In a Midrash 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. In t h e Babli (29a) o n l y t h e at Sinai, which was on a Sabbath.
first reason is given, in t h e n a m e of R. 153 An A m o r a f r o m t h e c i r c l e of
Halaphta ben Shaul. Rebbi Yohanan.
n i - D t N y ^ r i τ ? ? ? N>3>>\?"!Î? N I N >3*1 ,V?3>? r o \ $ m w i ó ϊ ψ VVB
.ytH ->vm γη·» >'> n a i t ? 3 i ' J i d i . r u n n ^ h a ? mriDW

HALAKHAH 3 371
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'SV-
ISA 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. The verse f r o m Hannah's
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 >3*1·) -V?3>? n i o y r i ν?")^) o n y y
ridarli rnn n^na? awis^ 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 8).
156 Public fasts for rain in a year of Babli (29a) in the name of Rebbi Helbo
draught. The argument is quoted in the alone.
.rnw^n vvn rjn* i v s y r i ? "T'O? a n oy>a N - v y t ^ " l
* way idçî .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 m ^ n roiyrii n y a
ìpV¥?ì jiy t o a Γ φ 3 r n a n y a roiy * π η κ υπρηη»
»3? . r n s J i y ? ri3iy i> n j w o î } > r i i p i » 3 ) ? ο η ^ -»sa *
. n ^ a n y n i w ? - i n i N »3? 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- Grace with a verse from the Bible.
long to tractate Taäniot (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. On the other hand, the Babli usually assumes that all texts are
correspondences to the 18, 7, and 9 known) there a r e many variants
benedictions on other days belong here already in the extant prayer manuals
and are r e p e a t e d in Taäniot only from the 8th to the 10th centuries.
because of the following text. 160 This is the reading of the Rome
The 24 benedictions are recited by ms. here and the Venice text in the
the reader in public prayer. 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 The Yeshivah established by
158 Between the Seventh and Eighth Rebbi Yannai in the first generation of
benedictions, as a separate benediction. Amoraïm; it c o n t i n u e d after its
159 The Galilean practice was to founder's death.
end every benediction in prayer or 162 In the 15th benediction. In the
HALAKHAH 3 373
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 .y-mpn
>N3î >a*ì7 PN η>>3-!> η ? V* Ν}»* >3-1 ION

ty - p n > Ì!7>3N 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 . j n i N B H VJ?P Jl^Vf
DÌ> J13V >NSÎÔ3 r n y y n?io\|> 07N oi>
η)Γ) κ π > 3 Γ ΐ ο >pi> >3*) nn ρ .nisni jviiiri w s i o i i οηΐ3>3η
.oV?in N?ì-»> irçoyn p3 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 Saturday argument.
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 ipN
o > ? i n : p e n " i 3 ii>n"!?N * o r n .-»»ÍN n i d o .iniNpn p y p
ρ»* bvi ο^ψνη 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 ïïl^?
rjiay o>!?>p? n ù > n » i n i j v j > nìvn>»ì 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 Yehiël).
Zeïra. However, Maimonides has a d i f f e r e n t
168 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. Also, most r i t u a l s h a v e
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.
169 This is the only t e x t of t h e
V?1ïfl ^ "»QN . r n ï p i N p > N MO >joip N j a i n i a m N n m N >2*1
rnpiN κ ι η ψ III-^D·) . n - m y a r n p i N Νίηψ Jw
•Hii 1 ? pyis"! ηκτίπ ί π ϊ η r n m νγρμίοι .πν-τιπ?
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: Where
does o n e say this? H e said to him: You still do not understand? 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 Ab.
171 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. In the insertion is m a d e in t h e 14th
the opinion of the Yerushalmi, that is 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 The 17th benediction, the natur-
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 of the
is fitting and the later discussion will miracles of Hanukkah and Purim.
show that occasional variations in the
ϊΜηψ .remi lit» i o n a i .rnyy VV» ν η ψ Ν'Π Κ 'Ν
ΓΡΝΊ .Γηψν ηιίηψ ν ν ο ^ Γ Ι >ΟΓΙ ΤΙ>Ν . n a n a i r o n a - ^ v î n t I Ç N
rntyy ">51 i n o , η ι ψ ν rm»v> VJ® π ι ψ ν Γ φ ο ψ V.W

1
η ι ψ ν Γΰίηψ p y n r n y y - » n i Ι**'? ^ o v » ! ? WPP
173
W h a t a r e "seven similar to e i g h t e e n " ? 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 Samuel also r e q u i r e s t h e f i r s t
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 Rav requires the first three and following c o n n e c t i o n with t a n n a ï t i c
the last three benedictions in full and statements appears only in the
of the twelve benedictions in between Yerushalmi.
only the final doxology of each: Praise 176 The d i s a g r e e m e n t of Rav and
to You, o E t e r n a l , W h o bestows Samuel did not originate with them, but
knowledge as a favor. Praise to You, o they follow different tannaïtic
Eternal, W h o desires repentance, etc., traditions.
HALAKHAH 3 377
N>n ι* >N n>> -ION Î7Nvpv? » 3 T 3 oinD ròy

1
u ? nô ivrinwjp n?n l i r n o n m ïwayi rnyy w o
o n p i N ο > ο ψ ? v n ON » i n -»ON . w r r ì i y j l i a ">>>n n a n w j n p a
riJjN o n j i a p >D .nana onpiN v n ON .rp*u
> o i r 0 3 in>?y>?i o^VVli? ^ ì o>yini ^ ß ) ?
ν ο ψ Ν > ?NÌ on?*T)? DH Tiy ^ N Ì ΙΝΊΪ?? D*I\? ΓΡΓΠ * ì i o n 3 n ? y i i
-IOÌN"! . n i i i n r i N Jrów>n ipiNi .nâri 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. And he says the first t h r e e and the last
t h r e e benedictions. 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 T h e Babli ( 2 9 a ) f o r b i d s the
of Rebbi Abbahu. recitation of the shortened prayer in
178 The text in the Babli ( 2 9 a ) is winter time because the change would
different but b a s e d on t h e same 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 19 w o r d s ) a n d the Talmud.
w i n t e r p r a y e r is long (in R a b b e n u 180 The obligatory verse b e f o r e the
Saadia's siddur 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 As p r i v a t e p r a y e r a f t e r a l l
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 i > n y a p i n n a r i n t y i y n ->niN r n
- 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 na vnn}
l ì ? ΓΙ>>·) syx? Ν3>)Γ) ρ - p a y Ν5>)ηι b s N-vy^ .DV^DI
>a-> N-iipp νπ> -Ta>ai r n o w ? i n a * >a-» - » r r » ?
n o n a n i a » ? n > n i n a * >3-» .DV _ !?Da r r ç n q π ' Γ ? ? 1
. O Ì > ' ! m ΠψΐΓ)
"Rebbi E l i e z e r says: 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
supplication 1 8 2 ." 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: O n l y that o n e
should not be l i k e o n e w h o reads a letter. R e b b i Eleazar u s e d t o s a y a

HALAKHAH 3 379
new prayer every day. Rebbi Abbahu used to recite a new benediction
every day 186 .
182 This belongs to the next Mish- of t h e t h i r d g e n e r a t i o n Amoraïm

nah; the p a r a g r a p h explains 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 3 or to original intention of R. Eliezer. R. Zera
Halakhah 4. 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 deR.
prays a shortened but f i x e d version, Nathan A 17:8 as "do not m a k e your
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. But Rebbi Eliezer 185 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 In t h e Babli (29b), it is t h e not want to use t h i s l e n i e n c y for
opinion of the anonymous rabbis that themselves, R. Eleazar f o r the Amidah
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 the
form and intent of supplication. permanent benedictions, possibly those
184 While this explanation seems to to be recited in the m o r n i n g b e f o r e
fit best the standard Hebrew yap f * it prayer.
appears in the Babli only as an opinion
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 > p v >?*)
.rpritoii 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. There the action of Rebbi Yudan.
the requirement of recitation of these
liypyj .Πίΐίη -ιών í w i n y n .rjriin i k i n 3*ϊ ΐ7>?Γΐηψ Ί ^ η τ η ί ν η>η
γ π ψ rwab . o v r r ! 7 3 d i n (foi. 8b) w ! ? 1 » i j n v >3-ι o w a Ί3
l i n i * > 3 * n n>ri>>n n>> >:n > o i p N*vyt ^"Î rimari
1ΓΙ3Ν >3") ΗΏΗ .Π>3>5ΐΝ » O l .!?;?3JV Î7N !?>3Τ13 Κ Ϊ ρ 3 0 p 3 0 ΠΊ>3Ν

>
Ι Ο Ν H Ì Ν3>3Γ) 3"! ^ 3 3 1 ? ^V- tO ρ?© p30 >3"» OV>3
> n ì > ì yfr ρ?υ p s t » ·)3ηί> > n i p i » y 3 n ! w •)?
. m o i e n ^ 3 n ρ Ν ψ mob . 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
HALAKHAH 3 381
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 The statement of Rebbi Yo- following paragraph appear in Babli

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 "vptrn j r ç ^ r o y i Jiav? "roiy ΓΡΠ
nj-im 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 inii i o n
")?)>? N^-R Y>H O N .Ϊ13Ψ3 JIÎN P I N IB\P3 ITFV) 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 rï?>?Ji
I N N I * TINI? Ρ Ι Π M ΝΙΓΙ Ρ RWYPVTE >Y:N ΤΙ>Ν >> 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 CHAPTER FOUR
190 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. Hence, it is
all money matters. 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 The first of the w e e k d a y bene-
Sheshet, is not mentioned in the Babli. dictions, a prayer f o r knowledge and
191 Rav Sheshet was a 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 mvn
rny>v v y n rnsj? nâjp n»t>n Dipo? ^ n p o ipiN
D Î V ? - ) 3 1>Î7? JIWnS'bD? JIN ^ 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. It
194 This p h r a s e is only f o u n d in seems that f o r R. J o s h u a in the
HALAKHAH 4 383
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 as 195 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 ΠΊΠ
>?T? η η . 3 ί ο υ η .n>rp? ì j i p s r ? nir) η ρ ί ο υ ΌΡΟ
. Π ί 3 ψ η n p ^ o ? >>ίπη !73 -
")? ϋ ψ ν η ο γ ή ηζη - 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. This does not apply to
197 Greek ξενία "hospitality; guest geothermal bathhouses as in Tiberias;
chamber". he made his will only when he went to
198 Made his will and settled his thermal baths that w e r e a r t i f i c i a l l y
affairs as if he expected to die. heated.
199 In Roman t h e r m a l baths, t h e 200 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 - o i y -nani nrrì>3 n o n r i n ov)} ν π ν > - η
>??> - Q i y y m Ν Γ ^ Ι o v a uni* >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 3Ίρ may mean "battle" (ex-
of ΎΟ'νπ n»® Vai The explanations of plained here by "wars") or "to come
the Babli ( 2 9 b ) of this 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
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 person in charge of or- the interpretation given here.
* l i i n >n> m T îfi? ì r i y - n i " » ? * cp"!0íf
π n »τ ·w mτ i· sr i nτ : i rτ r o? - τu: n n a i n τns ·a
τ : ·
- ^
τ :
i' r•·u ·w w n "i a N-s >··π > ν ί" " r:
ai .n^sjp yçiw * r u w rp-α ,>3unri bip 205 nyç\{» >? * î p - o .rnionp
wtrçn n ù w ï o n J i i : n a -ion i q p n an . ο η η κ ? πΛγ) *vjn Nôn
,ni3i">DNn
HALAKHAH 4 385
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 .
205 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 This prayer is reported in Baby- 207 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 .tyùW 1?
ry? ί π ν ι Ι Ο Ί * y a i n IÇT INÇI .irvw rpay;? * π?
m . o w ? N v y t >3") .D'nDo .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 CHAPTER FOUR
208 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 The Babli (Berakhot 31a) is
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 Usually translated: "who faints", forgives much."
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 >?-> ο ν ή N » n r a n N I N >?-)
>οψ η « η ψ Ν ,>«ψ r u s " V ^ N "WN; o i p ) s n - ! ? M o ^ o roçn .rù^rp
N3>3n n a D i n a r i ->ÇN . " ν ? * * "i^íf N-W I N ? a w i ? ν *
"tv N 3 "Til ovo nm JI>2? o i p $ it? DIN
o y n).nriy> N!?N INS 21JID v í * o ' O ^ N b ο ψ π ^ ρ τ ι ψ η 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."

HALAKHAH 4 387
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 Probably identical with Rebbi gogue, is attributed in the Babli (6b) to
Tanhum b a r Hanilaï, a s p e c i a l i s t in R. Helbo in the name of Rav Huna.
•jOl i l j p V T W > 3 1 O W ? Π 3 >\?0 Ì 1 > 0 > 5 1 D O " ! } > 3 1 Ì 3 > p > 3 1 NO> > 1 1
ï y P i a ìn»p^n 3 t ? n o v o n© .spanni? V3a a t ? n > o ™ na>n
ani ^ π ι > ρ ι - i b n >Y? i ? y w i n > > 3 1 .V3>y N t y j ">>p η ρ κ ? .">>ρπ
>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 . n oτ i n n- *i>p3

»·:
π τ τι > 3·· >3 v iτ> y
τ-
3 > τ ο * τ Ν ί π N iτ »n: r öτ τ : · ·
η n i w aτ î: ñ aτ s- D N I i b ηί»>ί<π
·· : '» τ τ · ·
n w aτ :í
Q?jinö n ^ n a y n a >r>i> n a l i y p v > a i >?ri .ιοίη o>iy?n
> j i í 3 n•r . n iτ v o n o nτ î: n s n i n aτ w: n· o >· j- i n pτ 3: ι ρ' α: τIT» : s IT :

o>w )n
· τ ·:
ι ρ κ N a a -13 ν>?5Γ) > a i .ΠΒ51 n a ? η η κ ϊ χ o>-iî;rt>? ΐ3-ι>ρψ
> 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 .i>3>y Ν ψ 3 « π ρ ρ η n > a r r h > p 3

3
Î7>a^n>i Jiiîte V ^ ? N ^ Î o > ! m a D I N >33 .on>3>3ì >3>3 *ι>ρη·)
Nin ^ n a w n ^ i .in>ri3 - j i n ? n u ?
mn w y y >rii3N . ν π ρ α η π > 3 3 on>>y n!?yn
V3>y Ν ψ ι n > o 3 i w mT>pi i ç n ipos 13 >31 .πα?·) n o ? π η κ !?y
i > P J i > 0 3 w n D ' j i y ϊ ψ ύ ί α ι V3a> i n n . r o o p i > p ii»>y h ì nyyyo ι η ί ο ψ
n ^ n η 3 ψ η - ! ? ? qfc w y y j >Jii3N . r i s ? i n s r i > n o i VV>>y> n j r t y y j u i n
»yp ,l>3>y N\J>3 Ì 3 > r » ì 1 > p ? > 1 P N 13311 >V!>?3 >> 1ΓΙ51 Π)3?ϊ 71)33 T1I1N
t?y > n - | i > n o l ? i y i j i 3 i V3a> -»çn .>> n p i n >a> n i i > p r ù > n i N »y»
n p ? i n o ? jinN i o n n n N 3 tpripypny n ^ i >3 d>i3>n 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
HALAKHAH 5 389
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.
216 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 in
removed Rahab, her father, her mother, Babylonia.
her brothers, and all her belongings; 219 This v e r s e ends w i t h a c u r s e
and they removed all her families and upon the p e o p l e a d d r e s s e d , t h e bad
deposited them outside of the camp of kings of Judea. But since t h e r o y a l
Israel." One would have expected "all palace and the Temple were designed
her family" but it s a y s "all her by David and built by Solomon, one
families". must assume that the layout and use
217 This expression is elliptic, see were done by praiseworthy kings.
the last two paragraphs. 220 In the Babli (10b), this sermon is
218 In the Babli, he is called Rebbi by Rebbi Levi and the following one
Hanina bar Pappus. He belongs to the by R. Simeon ben Laqish.
circle of the students of R. Yohanan, 221 This number is given in Mishnah
but it is not known w h e t h e r he was Ahilut 1:8 where they are all
himself one of the latter's students. His enumerated in anatomic detail.
oh) v i a j i y nnr)> -n>> wh dn·) t v linnn ι ο ί - i n>ri : n mvn
N>N , Η ^ Ι ^ Π N>A TIN V I ! 3 ? V I A TIN N N N N ! ? Ü>N
.D>yn¡2n >vn¡? ly? r u s ")>!>.?? Ν " ! © * ? ^ ro>ap3

222
M i s h n a 5: If o n e w a s riding o n a d o n k e y , 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 CHAPTER FOUR
222 If it is close to the end of the not stop.

time alotted for the prayer, so that he 224 In praying, he should imagine
must pray now. himself praying in the direction of the
223 Either b e c a u s e of d a n g e r or Temple.
because he is in a caravan that would
^ ο η ρ ι TV .rñnna >o to ON i t o n n ì y i : m n > n >?n ηΛη
i n l p j p a i c a r i o η ? i n i ÏÏ5 V 3 I Ô Î N . i n i p í p a t>>3Tin ON·)
.»ans ^\tön> >3*1 o y ^ n s i n r n v >5-1 :ι?ψ

225
Halakhah 5: It has been stated : 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 This is e x p l a i n e d in Midrash Babylonian mentioned in the
Tanhuma, Hayye 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 This ruling is given in the Babli Babylonia.
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 *V3Ni . J v r n y p
χήηφ nçij? οηηϊΐψο ηητη ηιρηρ.

HALAKHAH 5 391
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 . Rebbi Yose bar
230
Abun said, as of old (Ez. 8:16) : "Their backs to the Temple of the
Eternal and their faces turned East, they were prostrating themselves
Eastwards before the sun."
228 In Babylonia, where the direc- ordered his servant not to let him pray
tion towards the Temple in Jerusalem in an Eastern direction because that
would be to the West. was a Christian custom (Bava Batra
229 When somebody turns his back 25a).
to Jerusalem, he cannot pray. This 230 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 ^ ί ΐ ' Ν ψ >01 κ η ι ο >?n
Jiy V ? a i n x y t O risina νιρίνπ ^ ιονϊΨ
.oniiN^ n r o ιψΝ d^-in d ü o njç»
ovo noi ·)η>3? ri2s v ? ? i n ϊΗΛψ ^ ι VTpivri
Vâ^pi v7>?ivn .na *ιψΝ - p y n n i l (fo1· 8d

>
n?3ni n?3n i n lopin o?^>wa
moi .o>ynî?n > γ π ρ ΓΡΙ v??in n>in i n ? v>>anpi Vipiyn
ο>ηψη q j ^ w nip)? ^ yov>n n j w f m n o i p j a n ^ oy\?
ID^s oiTi? Vipiyn .οί*ντ> -pay? V l P i v n I N W ? . r i n ^ o - ! 9VBV"!
.rvn»> ai T V : »> l·?7?? r m p 3 V T P i y n .γα*1?
í o p > n!?ajp Ji>3 >ri>3 >? ΐ ' π ρ ι N i n n ,-rnis o i p o î w !?¡>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 Shortened versions are in To- with minor deviations. The tradition of
sephta Berakhot 3:13-16 and Babli the verses is somewhat garbled in
Berakhot 30a; the entire text to the end order to make the point of the
of the Halakhah is in Shir rabba 4:11 derivation clearer.
.il? vpiû o>?arr!7D^ t o ' n n ν ι π η> 15 vwirr >ai i o n
bri .ni»a>ri> "paN >:n -»ON m-pna .tym IN?

r m a HD-ìia yo^ n n p ? n?*m n v a j v ^
Dit7\{» n a n o v n i a ynyi n n p ? n?ìn - m nâna

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
HALAKHAH 5 393
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 The standard Yerushalmi ending
that found its way into the text, to for benediction 14, see above Note 146.
explain the unintelligible term 'JBV that 236 The first part of this blessing is
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'lBî '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 Temple. 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.
>?>•) v m ->»ίΝ ι η κ η ι ο ι .>nip»p 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 .CPVNÛ 'VHI? ^ ny V P ? W'B ON·)
15 p v p v i ï y o ' v n ^ n 'VHR n>a N S I Ν»Π .o^yn^n
Hi oni>a >3-1 -im ηοο ï y ·>νηρτ iva "tm? -içn Nflîten
poo ïiy&y D>\y7^n TPI iììdp 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

- τ
i n- —
ί ί ι N aτ n N τ» ·n > m . nτn ·i n n- n -r a:
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 .o!?iy£ r i N s v r r p N ο φ ο ψ ΊΟΝ

2 4 0
-içn n r j m n a v 137 ι η Ν τ η >Ν3> u t » Ν » η r n 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.

Beresit rabba. 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". | ί ι κ is t a k e n e i t h e r as a b -
241 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
place of the Holiest of Holies, which la? "Divine inspiration" in the
was on Mount Moriah. An e n l a r g e d explanation of v a i is f r o m 1er. 5:13.
parallel is in Beresit rabba 55(9); a nai d e n o t i n g one of t h e T e n Com-
very s h o r t e n e d v e r s i o n is in Babli mandments is found in Deut. 4:13.
2 4 2
. Η Ί * Ή Ο «: Η- Λ' :
DN^JÌ . j m i t ? A - >- Ν > Π Γ Ρτ Ι· 3· 0: Ν
·
Ν Τ Ι TTT ON Ν > Π
τ τ -
Assada 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, s. v. κιοκ, r e a d s link together" (E. G.).)
nnaoK, as does the Gaonic Commentary 243 The end of t h e H a l a k h a h ex-
to Mishnah Negaim 13:1. The other plains the unusual word used for "raft"
commentaries of Negaim 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.
technical term ΤΠΊΟΒΊ in late Biblical
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 >21 :1 n w a
ίοψο nçiN Γφη> ,*i>y Ν ^ ψ ί *vy n a o s ο η ρ ί κ o>)?Dnì
. p a p i ó n r i ^ a ^ n n w s *τ>η»η i > y ia oipç-!??
Mishnah 6: Rebbi Eleazar ben Azariah says, Musaph 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 the
be r e c i t e d outside an organized reader that he recited without a
community. According to Rebbi 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 has to be r e c i t e d congregation.
>3*1 D1WD r m > > 3 - p Π?!?Γ) *V?N ΓΟΠ >3*} DW? >3>3 > 3 Ί TttbTl
t Ö >ÌOV I P N3N I O N ^NWV^T p "ΙΏΝ Ϊ>Ν10ΥΠ Π>ΓΙ>>)? n n t y 13 "ItybN
•Tl>bîH
• j
N*113>3
τ τ
NÎ71
τ:
NJlliW
τ τ
V > m Π>-»3
·· :
Π>ΟΤ l ö t *ΤΠ H Ïτ Hγ N Û
· : ' τ s
O i m TP!?Ü
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 The story of Samuel in the Babli
student of Rebbi J e r e m i a h . Neither r e f e r s to a time when t h e r e w a s a
Rebbi Bibi nor Rebbi Hana a r e great military occupation of Nahardea.
HALAKHAH 6 m
N 7 > p n " ρ ν ρ ψ >?") a w ? >"!>* >31 1}?Ύ7 ΐ ν ι > £ > ο

2 4 7 1
Ί Ν ψ ΝΠ o>yna N ^ I O N ni VWJTO ο^ΓΡ? o>Vi"i3
>ΓΙ>ΝΊ ·)5ΐΊν > a i -ÍJOT i ? IONI l j n v > 3 - n n>ri>>>? . i > 3 » n cniO?
,ηοιη niöN i pnia^ ty p w ? ^ S J i m τ η ΐ ν >n|?
ty n>3>o y ç y ) j w . T ò r i n>?>>? yovy JIN - ì n i a n a I ' V "»5D 1>N"!
>3i o w n ί ο ν ψ r m n > >?ι η>?>» ν ο ψ w .inia>ip vpa'*
ty ^ a i p o i riTON i tâjpn n>?>n ν η ψ w . n n t v 13
>-r-> Ν η ψ ib>3íf N ^ n i » « i ττ^Γ)»^ - i n i η ί ο >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. Is there no
organized c o m m u n i t y in Sepphoris? 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 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-

script. 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 An Amora of the first Galilean were uneducated and prayerbooks
generation. w e r e u n k n o w n at t h e time. Other
249 Persons whose occupation pre- u n e d u c a t e d p e o p l e can a t t e n d 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 The parallel in the Babli (30b)
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 one's
250 A shortened version, s p e a k i n g attention without giving a n u m e r i c a l
only about the Musaph 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. One
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 "Organized community" refers to teacher Rav Huna.
. - i n n n a \ £ n n > r j n s V N "iPN ^ N Ì O ^ 1 -V? ^tf? "V?*
ηψν?} i ^ p N n>> - » o n π ι v¡nn> i n o ' o v >ρίρ
ηοί» DV >T>>?^ w r i i i i n r u s rp?fl>
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 : W h a t is
the practice, t o c h a n g e t h e t e x t ? 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.
253 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
must accomodate this distinction. Amidah prayer f o r holidays, cf. Ezra
254 Every holiday has its own set of Fleischer, 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. A Musaph 1988.
."IDJ3V P>>3J?P ΕΠΝ >3? > NSpi 2~\ OW3 >3"!
: n o(7 N î i t o s " E N IP ì i d n p y ? ">3 1 P 0 5 N*yy*
HM n>> - i p y i .·)3>>ί» - o ? n ï ) nyw un ION .Htyρ n p y > -11 i p n j

HALAKHAH 6 399
τ η ψ ν Nsrçn a n o w ? N ^ W >3"! ">51 sïyyi ">tni >>35
v > > 9 n n O-JN

255 256
Rebbi Shila in the name of Rav Hananel : 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.
255 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. 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 The congregation assembling
it might be that Rebbi Shila accepted for public prayer. T h e e n t i r e story
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.
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 o w n r m > >3-1 ΝΠΝ >?->
H? n>>y) ! ? > n j v *ry - » ? ί η NÌDW NÌD j m * O N ,ηοιη
VW . n p N I O N τ η >N? t?N ONT ^ a j i ? I O N innN
ypiw i y I O N ? -»ÇN n n m .wn^n iwn ty i » N a ΊΟΝ i n VNnioN

1
. τ α ψ ? v m ¡ ? n Ϊ?ΝΠ ï y ·)ΟΝ? i m inç .>>>>? Ν ?·) o n ^ a ΊΠΝ ,rí?>ajn
.tJìn? 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 benedictions, the paragraph is out of
precede Musaph. place. It is copied word by word from
259 Since one speaks about Musaph Halakhah 3:2.
prayer that has only 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 join
JUS ι» .NJiy>pB i n r i y a n > vin NTOO αϊ·) >31
> > * e n>> "ijoNÍ 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 . ^ s ô î ">îDl n î n
>1> P>3? N3>in J1>31? Ì-7N ΝΠ D>31? N ^ N W 1 .Nriy>î?fl ^N^Pî
N>yîn > a i i ,!?n>>>?ì i a i ov>a >ari >N}Jr!?3 niN>i ni t >w >ai i ç n ,>riain
οψ Mini i j n v > a i 0 Ψ 5 ν ΐ υ > ί ? 7 MIN > a i . ο > ρ 3 Π o w ? τόΎ >35
n i a Nτ l o i N niD->3
τ: n νo? ' ·ρ· 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
HALAKHAH 6 401
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. After they
264
finished the prayer , 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 . Rebbi Ada f r o m

268
Caesarea 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 Rosh
quoting of at least 10 verses from the
Hashanah. T h e entire piece is f r o m
Bible. In the absence of prayerbooks,
the end of tractate Rosh Hashanah·, at
that p r a y e r w a s p o s s i b l e only f o r
two p l a c e s w h e r e t h e t e x t of the
learned specialists. In the time of later
Venice print here d e v i a t e s f r o m t h e
Gaonim (O zar Hagäonim Rosh
one in Rosh Hashanah, the text follows
Hashanah, p. 68-69), two d i f f e r e n t
the latter version. (The first, "Rabban
Babylonian p r a c t i c e s a r e reported.
Simeon ben Gamliel" instead of
One, which seems to be alluded to in
"Rabban Gamliel" is a c l e a r s c r i b a l
Babli Rosh Hashanah 35a, is t h a t
error, the second ηηκ for ηκ is an echo
individuals first prayed a silent
of the previous story of R. Zeïra and
Musaph p r a y e r of the usual s e v e n
Rav Nahman.)
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
261 T h e Mishnah d e a l s w i t h the listened to the nine benedictions of the
Musaph 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
402 CHAPTER FOUR
seems to be alluded to here, was that 266 T h e s e Tannaïm a r e not the

there was no silent Musaph prayer at teachers of the Mishnaic period but the
all on Rosh Hashanah. people w h o m e m o r i z e Mishnah and
262 The Mishnah of Rabban Gamliel baraitot to recite them in the Yeshivah
d e a l s o n l y w i t h Musaph of Rosh when they are needed.
Hashanah. From t h e s t a t e m e n t of 267 Most Tannaïm imply that in the
R e b b i Huna it s e e m s t h a t 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 . Rebbi
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 Babli (Rosh was the generally a c c e p t e d p r a c t i c e
Hashanah 34b-35a). already in Mishnaic times.
263 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 From t h e f o l l o w i n g , it seems Amorai'm.
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 h rovo

^ φ η i^flN .03} γιν uprç» HD Jir»N n v v v n w
.p>o?> Hi tapi» -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 In preparation, reciting Psalms. kill the snake. The Mishnah speaks

2 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 >3-» dw? γρ>?-)> >·η :h r o * n (foi. 8d)

l j n v >3-> >?") .ι?ϊ» n ^ ì τ η ι ο ψ ι n o y n w n j P } oy\? noi
HON "Wön >pv >3Ί Ó? 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 CHAPTER FIVE
3 This proves that there is drunken- days to get one's thoughts together.
ness not induced by alcohol. Formal 4 Tanna of the fourth g e n e r a t i o n ,
prayer, the Amidah, is f o r b i d d e n to a active in the a f t e r m a t h of the war of
drunk. T h e p a r a l l e l in t h e B a b l i Bar Kokhba. He tried lo systematize
(Eruvin 65a) even notes t h a t a f t e r a 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 >3ji

-
-»v?3? ρ ) r n i n ΪΨ - ο τ r j i r t o ΗΪΗ o n i i -jinn n ^ i «¿νί n t o p
y i N n jii!?î? * i i n n n ^ ρίηψ rjino nn>w - p n p n^j *]inn din
d>nu33 «»so .mTin ϊ ψ * m rjinp tày v>\?3 o v m tjino
>3-1 M a n .non? niyi n . 3 7 3 ÌO^.^T W VPnin o>íiv)íon
N i n T i y i j n v >3-» it? - i o n . 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
V T
y p' wI n' h dT Ts n o- tΤo S o n" nΤ n i o n :T >S
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
. o n- nτ v aτ n ·n o~ b yν n b i a o- 3s n > o-p
τ : ι ·
ì33>wq . « η ρ κ ρ υ ί Ν η ' 3 3>η?η) . i ^ p ' p y Κ'Π o » i J 3 ήκηι

Ν
1 3 1 TjinO Ν ^ Ν ^ -WÇPW nnr»
>3*)? η ι η κ >3*1 v p p i v ν η η ρ 3 ">3T¡ r j i b n o o b i n η ρ η > η η ,rnTin
>3") . 0 3 Β 1 3 7 1 -ΙΟΝ - I O N I Ι^Π -VPpiV ^ VO^ n n p 3 1ÇN
•>•> - a * t 3 i o n i n o p n - V p p i v v n o b i y π ν > - > 3 3 ί ο ν n a ")3 n i v
nçs -Vppiy v n nin^? WV· ^ 7 7 171' ^
n o η>η - V p p i y v n n 3 3 i p 3 V 7 0 * 15311 .o'by'n? ^ ^
. ' 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

HALAKHAH 1 405
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
of? Rebbi Ahawa the son of Rebbi Z e i r a 1 0 said, they discussed the
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 Probably a scribal error for i-pana r e q u i r e s that o n e stari prayer ηιηη

6 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 dibri
(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 Tosephta versally a c c e p t e d and not s u b j e c t to
406 CHAPTER FIVE
doubt or discussion. From the order of n a m e of R. A b b a h u . Most of the

the Yerushalmi it s e e m s that in v a r i a n t s of t h e Babli t e x t 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 . All three
statement of t h e T o s e p h t a . 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. T h e V e n i c e p r i n t of t h e Babli Amidah.
requires that one start prayer "out of 7 T h e last chapter of the book of
joy over commandments". Rashi, t h e J e r e m i a h is not a t t r i b u t e d by t h e
Munich manuscript of the 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." The Koronel manuscript and 8 Last verse in Isaiah.
Menorat Hamaör have "out of joy of 9 Last verse of Lamentations. A
Torah", parallel to the Yerushalmi. 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 Tosephta. the book ends with a prayer.
Rabbenu Asher ben Yehiel (Rosh) has 10 In t h e Babli, his n a m e is R.
"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. W h i l e t h e B a b l i in t h e memorizer of tannaitic material, in his
printed version would refer to the state father's Yeshivah. The entire section
of mind required f o r the Amidah, as is a digression induced by the ancillary
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 R e b b i Ayvu w a s o n e of the
Tosephta and the Yerushalmi require main p r o m o t e r s of Aggadah in t h e
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 . He
starts with the preparatory sections of learned from all Galilean Amoraïm of
prayer, even preceding the recitation the second generation. His son Rebbi
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.
HALAKHAH1 407
n>)p-¡? α ϊ .γο^γ) ï y v i l i n o c h n iioy> rpp-p i
na>\? η κ η η i ç n N}in ι ί .π-ììji η τ τ ? p t n y ? n a n » ptnyn içn
->5 N - y j K o>Npi D»p? n j n w rne^jpi n a y v VV?
Λ 3 -»ari . n i a « ) ? n i o ^ n p N>n " ή ν ïyiû d t t>ppn -içn νμ>π
> 3 1 >?τ) .·>?υια η ψ ο > n D ^ q η ρ ? ! ? n p ? ο ν -»yy τ η κ - ι ρ κ »aap
ï n y γ η κ .nriyyon io onôì lini O ™ n a i e N>yvin
.nonria jiì^P no?i . y a - ) N n>> - > o n n ì ì T ) .\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 of
frame of mind. In the Yerushalmi it is prayer a r e reported are so early that
considered to be the genuine the name here must be Rav Jeremiah
interpretation of the Mishnah. V® ) n and not Rebbi Jeremiah.
naVn means a practical ruling that is 13 This Halakhah is not found in the
well established, that gives no cause Babli, so it is accepted there.
408 CHAPTER FIVE
14 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. A menstruating woman is contemporary of Zei'ra and student of
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 An animal dedicated as s a c r i f i c e
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.
that are more lenient for an occasional 17 If a woman has a d i s c h a r g e
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 , that
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-
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. It may be assumed t h a t all separated from the stalk and collected
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. S i n c e t h i s is a still permitted. 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 and tithes. This is also
15 Galilean Amora of t h e second quoted as beyond doubt in Babli 31a.
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

HALAKHAH1 409
that can become impure, the latter b e c o m e "third in impurity". Sacrifiai
becomes "first in impurity". If a "first meat only can become "fourth in
in i m p u r i t y " t o u c h e s o t h e r 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. (Mishnah Hagigah 2:3,
in impurity". If "second in i m p u r i t y " Tahorot 2:1). T h e a d d i t i o n a l levels of
touches anything secular, nothing impurity a r e a rabbinic institution, not
happens, but if it t o u c h e s either subject to discussion.
terumah or s a c r i f i c i a l m e a t , these
Ν Π > I ? « O B I Y > I J N V >3*1 a v i N O > Η Π Η *I3 S P Y ? >3-» >3-1
>: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
-
N I N I *
• :
* N τ» - r n" m - p' τ nτ v >A-> O V I N I N I N
• -
>3*Î V I N
' · τ
>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 be a r e used only in t h e m o r n i n g s e r v i c e
m e n t i o n e d in e v e r y p r a y e r service. 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 >n? ΊΠ3Ν >3-» ο ν ή rvp^n >3-»
Kilt» n w n j p e n 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 CHAPTER FIVE
21 This is clearly a supplication to be 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

r e c i t e d b e f o r e t h e s t a r t of formal modification of a prayer of Rav (Babli
prayers, see t h e discussion a b o v e ; in Berakhot 16b).
i i n r i w n -ION i ? y\iön> . W i ò - r a t o -pn>? H ï y VTPiV V 8
D N - P } ·>·> η is ION NI'in I? ran v i p Jvnçrçi ν π ρ J v n n ? ty
njn ov νπν -«ON r n y p ^V!
"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 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, (Ps.
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 . " 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, In other dialects, the sounds w e r e close.
the detailed discussion starts. 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. In t h e o p i n i o n of Tosaphot
place of holiness (Babli 30b). (Berakhot 31a, s. v. mpoa), R. Aha gives
23 In s o m e G a l i l e a n and 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
Babylonian dialects, η and η sounded contrast to t h e homiletics of R. Y o s e
t h e same and w e r e not distinguished. ben R. Hanina.
,NII>W> NW>> ^ S W I "TÔÏY Κ Ι Η Ψ ΤΗ >Ì> LA ÜWVI> *ÌJON
.TJJVI NYIN Ν Π Π Ν ) ^SJP? Ν N> NRIN
.q>33 n i * D ' i v ) n y ) - W f i ^ o'P'TO IN 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"
HALAKHAH1 411
25 U n d e r t h e i n f l u e n c e of 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 in
b e f o r e and a f t e r p r a y e r . "One h o u r " praying.
p r o b a b l y m e a n s "some t i m e . " The
ï i i w n y v ν π ί ν ή n y v p>>3îni η η κ n y y prmy ι>η ο>)ίν>ϊοη o>-ppq

-mon ρ ρ σ ί ν >Γΐη>Ν .rnina v p p i y >γιο>ν -»on
innin? η ^ υ r D * u r w v n o > - p p n ι > η ψ >-?> ϊ χ > ? 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. in its exact sense; t h e Y c r u s h a l m i may

27 T h e explanation of R. Isaac ben R. a c c e p t "an hour" as "some time". On
Eleazar is p a r t of t h e baraita 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 two cate that in this p a r a g r a p h 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. The Babli, which notes occupied, being at one's r e g u l a r p l a c e
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 ^ *\OH rom
rrçn o ^ i y i n p p n n u n p p ? ->on roin a i .YD>nJv

.•pD>njv o > v v i oü\? n o Nil1? 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) not accepted in the Yerushalmi.

s h o w s t h a t t h i s is Rav H u n a , the 29 In t h e ( Y e r u s h a l m i ) Midrash
Babylonian. A u t h o r s of l a t e r gene- Tehillim the parallel statement is one of
r a t i o n s in t h e Babli a t t e n u a t e 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 . 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
31
inverted. There 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 .
30 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 A person living at a place w h e r e
32 Not necessarily in the synagogue, there is no synagogue has to pray at a
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 . If,
that is d e d i c a t e d to p r a y e r . Hence, however, t h e r e is public prayer at his
HALAKHAH 1 413
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 Abbahu
in o n e ' s h o u s e w i l l n o t b e heard. b e l o w that a p l a c e of Torah study is
However, that statement is relativized equal (or superior) to a synagogue.
nnjo ηηΐ?8 Jiy»n âjien o y ñ on?>a >31
l i n o >>pa n m n n íh^w >33 i w n ? d ^ o riç .rninvp

34
>Ttaa
..
, ' w n N i n pι - > N . i N. s, n .m * Π Ν
-
W T T i n aτ N
~
o w·· as n >τ m > >·: n*
: :·
T ; τ T
Nin p>N .21*1(7 ÍJ1VÍ?3 (fol. 9a) fflWìj? . i m m » JlÌ»p3?

3 5
TiV ρη*> ->Ç>N . j m m o >riiiì >rqa
D>nîf ÌH Jllì»? O'i^Nl >NJD ,·)3> ty *T£Ìy 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 Yalqut sentence is missing in the Leyden ms.

Shim'oni Isaiah §481. T h e Venice- and the Venice print.
Leyden version "R. Abbahu" is certainly 36 Since the actual Hour o f f e r i n g
corrupt. w a s b r o u g h t by t h e C o h a n i m , the
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
τ τ : ~ · : · τ
m r Ί Ο- Ν
τ
ί α σ* :η· η
Ν>Ί >Γήη>ι .*Τ>ΟΓΙ > r i i n > i ϊ χ * τ ί ρ ψ > >> y o w D-JN η ψ κ oü\?
. ο » η Ν5ί>ρ > N i h n >? i n r i α > π ? π η ρ n ^ V t3N . r i n r o tO} 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 . " M y d o o r s and n o t m y door.
D o o r p o s t s and n o t d o o r p o s t 3 8 . 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 ?
(Prov. 8:35) "Because he w h o f o u n d M e f o u n d life. 3 9 "
37 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 In the Babli (8b), the statement of case.
Rav Hisda appears without
dj)\? n n . 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 αϊ
>3 o y \ ? π ι ο .NJ¡»)?Í? NîP' Nìnwpi .>'> JIÍ* i n n i ? r i s - n ? nyii

40
.1Ì3PB 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 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

41 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 i - n n > r i y v i i Ν>Π r m i - o n n ? 1}ni> > Ι Ί Ί Ο Ν
N^ n y m i*nn!?ri Ν>Π r m i - o J i n ? N3>3r> > : n "ION .row?
n n ? i3ni> nçN . r o p p n ο ψ υ * π ν ι d ^ o nç> .n?\j>>? i o n rnry??

HALAKHAH1 415
» a n *ÎÇN . r o v ) ? N ì n n-in)?a. NÌ7 : p n o Γ φ Ν t p ^ r i κ>η rrçviD
rix l a o y o πιο NÌD r n n p a v n o > r i -ni©i[i mron
w q Λψκ o n ^ n
Rebbi Y o h a n a n said: 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 may not be written down. Next comes
c o r r e c t ; it is b e t t e r in t h e Rome 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: First student of R. Z e i r a . (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 and greatest of the
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 16:1) that Yerushalmi).
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 πίΟ n ^ a
- i n a -07!? ON"¡ , o « n > i n : r u > nnpw!?! 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 τφρ
>7?yo j p g n lividi η o ^ o ^ ™oa*)>i ro*u!? r a i o >
* cm? κ^ι -rós ^ n ! ? ,ηηρψ n o n a >>

TIN q v t f w ·»' n i f l n n o y > 3 i? is * DIN J O I 37ÌN
o n v q i d r i t t a nbnna η η ψ π w .tpr^ * >? 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.'"
HALAKHAH 1 417
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. Hence, the
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? 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? .^Nny?
Jiinw w ο>3ψ i n t o n > n n^ ittica ^ own
OIBY) RÒ'NY; I N N Τ Π Ν TIN I O Ì Ì RRÇ Η Η >> O>NT»N 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 45 Slightly different versions appear

the following discussion. The state- 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 ^ > n i p n ¡ ? n>ri> r r m i j n v
Nìn N o i o s a nîs-iN γ ό i o n .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 >3*η ι ο υ η ,p>pi>
γ ό *îçn riN ' i n i p 1« ηρκ ."pmpip ì o op-)
OJ>pp-|N > i 0 i p ^ >OV >?•)·) Γ)}ί> ,ΓΡ)?η ·)ίΠ>?Ν
noN ,D>Np t i n p>>N > i » i p ρ n>> y y y t j . . ή η > ο ί ρ y a D p i "ρηρη
p a ? >D K r i ì D > n > i o i p ï y - ρ α κ > ? i n n í o n >3rrr i i n > 3 N \ ù
n > > 7 p n VP?,? V p i p n i n ^ "pnni n>?>!?op>o y i ^ a "priN , ΐ π ρ :jgn
w w V t y N I P ? * o y i >3 y w n ìnti n o o»p> .mpiyi
•iJ)?»
47
Rebbi Yohanan 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 Gentile involved. Rebbi Yohanan was
permission to a c c o m o d a t e Gentile 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
HALAKHAH 1 419
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 T h e general in charge of all of killed."
Syria and Palestine under the Caesar 51 This is a reference to a statement

Gallus, around 350 C. E. in Babli 6a: "All peoples of the earth
50 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. Diocletian c h a n g e d t h e These are the tefillin 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.) In p a r t i c u l a r , a f t e r an from the straps of R. Abun's tefillin.
audience the visitor was supposed to
> q p 3 >'> o w >? v j N r i INI - ) ' η ν ·)? " p y p w r n >35
τ η "pnpn nn l ^ v »sì .ony iây ninn
VN i m i n - w i n ynpN ,Ν^ΙΊ "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 . One
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." T h e y said,
e v e n the religious title d o e s not harm us.

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 dion." The forest is a more likely place
Latin saltus, "forest". T h e Rome ms.
to find promenading rabbis greeted by
reading is J'D-iok , Latin strata, "street",
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£ l i v p w >3"»
> i n > o I j n v ç v » ? > a n >3 y r v » a n ,-ρηπ η π ι η Ν ΐ ο»|?> y r > h1? n î î t )
n3iy)ri n n i q N ? ì > v m } Ν ί ί η ] π 1 ? 1 » n j n y ; π > γ ι > ν n*jrj Nrin.wg
n j n y n>ri>ì5 D i r ) N n n i N a >?n>o livïpv* > 3 Ί > 3 f'PJj
p r t p u Νζΐ > 3 1 >i7>)?>ri η>> ^ n n g w »o>?o n i r n «[nrpn
.7ò r r ç n r ç ΗΏψν·) Ν > η η JI>>I 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?
53 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 notice the
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 This paragraph is a connection even snakes can be helpful to T o r a h
between the p r e c e d i n g and the fol- sages.
n ! ? n υ ψ n i >pi> >3*i OW3 i o i n >a-> i O i i p y ty ^ n s vyn)
-»on n £ > n >3ί ,N>>nni rrçwv) κ ^ π ρ τ η » } ,p>p?o 3irpy !?in .wnj

HALAKHAH1 421
T3>ai vjai»? -pnp© rrç >">rj vrçj? ϋ>τη» n>n ON rjr»? npgt
Π! n n w N » v n p N 3 * r « i y n > n >?*) .iiiân ρ>ρ?> Ν
. i n n a r i Jin p>pa> Η ϊ φ i n ! » * Th¡?0 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 : They mentioned only a snake,
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 . 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 .
R e b b i liai said: 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 G r e e k π λ α τ ε ί α ( ο δ ό ς ) "wide interrupt." In the Yerushalmi, one is
open" (road). "Cart" is f r o m G r e e k permitted in an emergency to change
κάρρος, κ ά ρ ρ ο ν . " T h o r o u g h f a r e " is his place and then continue with prayer
also found in Arabic as Din*. at another place, but in the Babli the
57 T h e Babli (32a) states that one prayer is interrupted automatically if
should shorten his prayer (by reciting 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

.•hin >a by b o w n o "tt-pn ìjiìn ικ^ρι ì3>m η * pupari Nbi
13
»-
ι ο υ η >a*i π νν " • ?
- aτ -: a- r- t: o- to >ni .-»man
τ : - - :
towjw
: ir τ
oiNb
τ τ :
to >n π ο: ιτν
ν\$ο VN Η ψ ) - D > η>?? η ι η i ? N n a - p n ν ΐ ζ » ! î v p p > y n o .Npvr
<n>?N .η>>)3 Η ψ ) - α ο η ρ N n a - p n ν*"! ,ΓΡ?)? N n a - j î o Ν>η> ο η ρ
>?> τ ν η ψ r o s o toy îto - » o n . n y n n Nb u n inebri to
N i n r p - o v m p n to n * u - i t y b i s ρη*> nj3N / » 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
58
They said about Rebbi Hanina ben Dosa 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 ornamented"
Rabban Yohanan ben Zakkai. He is the [distinguished from Hebrew isn, Arabic
perfectly holy man who never lari, "to be joined".] The word could
c o m m i t t e d a s i n g l e sin. All 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 A formula of affirmation, taking
ta Berakhot 3:30; a very d i f f e r e n t the place of an oath.
version is in Babli 33a. 61 This Amoraic addition belongs to
59 In Biblical Hebrew, ninaian are the explanation given in the insert and
the spots of a leopard. The root Ί3Π "to is not part of the baratta tradition.
shine" appears once more in the Bible
HALAKHAH 2 423
n ? - | i ? o>j?^3i o>jien Jii-niì λ row»

>333 J I ' V > I - | r n p i N nniN ra>pv .Tijnn "pirç nîn-)
. 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 after the end of the Sabbath or holiday.

Amidah. 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 some form of Havdaiah. The
harvest. Havdaiah is t h e r e q u i r e d 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 for
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 ow? λ ΑΛη
ova ο>ονη N i n y ? n } y ç y N a « 1 3 N » n >3*1

Vl
.iNihö 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 These verses are further discussed
season. The first verse of Hosea clearly in Yerushalmi Taäniot 1:1 (fol. 63d),
speaks of resurrection, the second one Sanhédrin 11:8 (fol. 30c), Babli Ros
ends: "it (knowing God) will come like Hassanah 31a, Sanhédrin 97a.
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 ÏV V 3 ΤΠ ·)33Τ) NP> >3Ί I Ç N
m o n :jb N i n i 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 "V?™ ">¥>? ^ΟΝ b#
-»13 n ç > n N ^ r o n >3-1 *ÎÇN .bo b ^ i n i ? - m i n p > N
* b N ni t î??1 71533 *v?>o 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 ^ o>jiöti
ny-iNi N>>vi7v Dinari >3i n » N ,b>ari ο > ν ? " ! M N i 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.
HALAKHAH 2 421
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"
65 But dew is not mentioned. 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,
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 Greek νάρθηξ, a plant (Ferula
rection". The praise for dew was communis), word also used f o r "casket
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 He is mentioned only here (and in works. Hesiod has Prometheus carry
t h e p a r a l l e l in Taäniot). S i n c e he off the fire in the stalk of a νάρθηξ,.
appears together with Rebbi 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 ow? ijn a p y ? »?"»
i'rpi t> n o o£iy> v í a n u to >riV3yo
ronn? vnri? >p>ri>rn 1? r n v >3-) - i m .ona> f O i * yjvw

n y v ? >5)30313 ^κιοψ >?"! i m ,o>oyri o > n ^ n p ΐΓΐη .to vnyp
426 CHAPTER FIVE
o>
lî?î V N ' a p IT) Ή * ^ > ? ¥ ? 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 Nini 'b'b^n >pi> Iiis "τπν
dîî?> N b ηψΝΐ ι ψ ν >bV D n n p * u n o b o ? o v o n o n » - n jroâ ·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 Greek διαθήκη "will, permanent
never came true. The homily belongs disposition."
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 ,bjvi? Nbi yo
1>-innn o>rien ji»njpa jivnajt -pa^n Nbw in ο»?φη ro-pa bNy
.-10»
τ τ
Nbi
τ:
bo- Nbτ -01N
τ : ·
NbT
τ :
Ninna
~ :
.ìjiìn
HALAKHAH 2 427
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
repeat. But is it n o t s t a t e d 7 1 : 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 Medieval authorities R. Zerahia Halevi,

pattern: If a s t a t e m e n t contains R. Abraham ben David, Nachmanides,
statements A and then B, the discussion and R. Nissim G e r o n d i all have
will discuss first B, then A. Hence, the different interpretations (mutually
f i r s t c l a u s e of t h e baratta will be contradictory) and most of them also
repeated before the discussion turns to have d i f f e r e n t readings. Among
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. [Most
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
(Taänit 3b): "In summertime, one who Gerondi in taking Vp'n as a Pa'el form
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 And does not mention the d e w
'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 Who prays neither for dew, nor
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.
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 ο>ηψΐ ni-naa Ν > ON nrnpiì
mT3îN .nâ^ r n p i N p n i T ö Ν > η ψ π ^ Ν ψ O N ni? yoiv/?
H ^ y ÎN bNrçi N > O N >?Γΐη·ι N1? n i n o Ν>ηψ
>3*17 >).ΠΝ ion .iniN W t t M j o>nnn nrropa ο^οψ? jiVm*
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 : 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 in " H e Who hears prayer," the m e n t i o n , made under easy
circumstances, so m u c h m o r e ! But is it not stated: 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 Rebbi Huna. How can R. Huna present
in the rainy season, "under duress" his statement about p o w e r of rains?
when rain is urgently needed. The [ 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 starts "under easy of Rav Assi from the Yeshivah of Rav
circumstances" around the time of the in B a b y l o n i a ; the B a b l i mentions
fall equinox, some weeks before rain is neither the statement of Rebbi Huna
needed. T h e b e n e d i c t i o n "He W h o nor the e x p l a n a t i o n of Rebbi Eu-
hears prayer" is the last of the middle daimon.]
benedictions, #15 on weekdays. 76 Brother of the Amora R. Y o s e of
75 As a tannai'tic statement, this has the fourth generation.
precedence over the s t a t e m e n t of

HALAKHAH 2 429
o n « φ η v>Nii i j n v ran 0W3 ν ί ι na y\)>w >3-1 n ç p ."»on ν ι π p>N

ni* ->î?v o n N^n i n .rrmi£ on"! 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 If he forgot either prayer for or 79 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 be prayer is the outward sign that prayer
mentioned in "Temple service", the first is finished.
of the last three benedictions; cf. 80 Otherwise, he returns to "He Who

Chapter 3, Halakhah 1. hears prayer."
\ Ò DON >3*1> ·ρ!?»ψ Ί1ΓΙΝ .ΝΠ03 "1ΓΙ3 J1>3i»í? γΟΊ* Π15>33

η>>?-)? >3*1 . r n p i N Ν ΐ η ρ>Ν .rimari ny>2\?n w w Τ3>?ι w y i
N v y ^ >3i ι ώ ν ρ 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
ni->i3a N>V> ÌN ο > ? ψ η τ ρ * ΐ 3 3 ON N i i n a n ονή
T3>3i w v ì >3"! I t o ι ο ί .n^pjp iniN inno?? o ^ o n riarma
.rnpìN ν ι π p > N >pi> >a-n γρϊιιπ ï y .rto>£>jp ϊ ψ n ^ s o ç wrçm

i o n v?3)P vvj to "ΡΝψ *τ>η> .ww to H 3 > * γηρ m . « v p i o Ν ί π ψ vyyy?
ü»iW3 vanii 7>n> NJin a*i 0W3 N*I>W >3*1 ION ρ Ν ΐ υ η >3*)
ΛtΓ..Ι ΙΟΙ*
τ τ :
to>NÌ Γ0>3Γ1
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
m . CHAPTER FIVE
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? In t h e six that h e a d d s 8 5 . That w o r k s for the
public w h i c h has six. 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 2:1. (Eusebius says" i n s t e a d of "one m a k e s 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 This again is a text f r o m Taäniot and, therefore, by Rebbi's statement is
1:1; t h e q u e s t i o n a n d t h e answer, excluded from summer prayer.
without the discussion, a r e mentioned 85 Six additional benedictions that

succinctly in Babli Taänit 14b. the reader inserts in the public prayer
83 Do not mention the power of rain of fast days f o r rain, as explained in
in "Resurrection" nor a prayer f o r rain the second chapter of Mishnah Taänit.
in "years." On the other hand, if one Rebbi Yose must imply t h a t even a
already fasts for rain one must pray for local fast for rain is a public fast.
rain in one's Amidah. 86 In Halakhah 4:4.
>ni) -127 i j n v >a-i > m p Ν y ? r m ->a l i v p w .runn p i n i nârr)
. n £ > a j p a m r o y νto? r n p w H ? ty ^ V î ? > i n CPODD I O Î
N a n pn?> r n o w ? > T N ">3 - f i a ? r i n ^ v ^ m T ) ? N γργι!?>)?
m t > ? N fi>ri>>>? .Jiipi3>Jin m n i s î î ? !?>aya r i m a n a r n p N o i a a rnpfct
m τo !NIT o m 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 m τD
'Τ
'yw
ν
."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 nââ

HALAKHAH 2 421
"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 . His s t a t e m e n t m e a n s that its m a i n
place is o v e r a cup 8 9 . 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
Isaac 9 0 : 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. 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
is in prayer 9 2 . 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, why does one 89 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 in
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. When 90 His full name was Rebbi Isaac bar
they got rich, they instituted it over a Eudaimon, a Tanna of the first
cup of wine. When they became poor generation, a member of Rebbi's
again, they went back and instituted it Academy. He is c a l l e d "old" to
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 Havdalah was said over the cup
institution t h e r e f o r e is irrelevant. In only to teach children.
the Yerushalmi, the question is, how
92 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 r n
>3*1? r p £ n >3-» o y ? 3 n a - i p n ^ n >3*) .ι»)? j i s ^ > N * i o 3 J i v n > b n ^ 3io
>3*1 D ^ 3 1 9 0 3 ->3 p n s > >3"! ,ΓΙ3ψ 3 JlVn> 3ÍO OV?
>3-) O W 3 ^ n i N >3*» . o £ i y > >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!? riD^D
N3>?n >3-i D W 3 ^ 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 . T h e f i r s t two middle benediction of the Amidah for
statements of this paragraph are quoted the holiday. The last two statements
in the Babli (33b) as Israeli practice, are quoted in Babli Niddah 8a.
HALAKHAH 2 433
95 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. It seems t h a t he died Kokhba.
before the Patriarchate was
9 ή
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 η;π nvin pin?
Ì 7 V >3"! . 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 > i a ç η ? -ιηΝ) n r i a yavpç
n ^ a n n y i Vi< o n nb"| rfc'SJ? n j n v n o k n a v ? iWTD p i n
.Π3Ί? now i n N " ! l7>'i?n ">a p n > > > a i Ï Ç N
"And Havdalah in "He W h o in His grace grants knowledge", t h e w o r d s
of t h e Sages. 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? And
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? Rebbi Isaac ben
Eleazar said, h e s a y s Havdalah 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 Almost a quote from the Mishnah, of the phrase also in the statement of
to i n t r o d u c e discussion on the way Rebbi Isaac bar Eleazar.
Havdalah has to be recited according 99 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 Η αν dal a h presupposes
is purely theoretical. knowledge, it was incorporated in the
98 T h e text of the regular f o u r t h benediction for knowledge."]
434 CHAPTER FIVE
>3*1 *v?çt . n i i m N ν ^ φ ρ nina> "T3>3i N > y y i n » a n 13 >3*i

<
n y 3 w n "iJiv n> )>oion'j w ^ n nina? n ^ Jinian η ρ κ lini»
>NO>p >3*i>a o ì n j . r n i n a i m i o N n r i i ^ N * ? 7 3 * 1 1 I Ç N >I> .riïmN
oiJio^ rpis·) i n s « > s i IONI .ΠΠΝ η ^ τ 3 Ν Ì^>£>NÌ >Ì3N o y > 3 ι ο ί pa?
- ι ή η ι tnnî? ν π ί ρ ι>3 nris to>atf r m y p > v ? n î ç >3*1 .n^3rj3
Τ ή 3 Ί 3 0 N ^ I 1 Ì 3 >3*1 >3 >ÜÍ> >3*1 "l&N 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 103 v n î t f a w
Rebbi Eleazar b e n R e b b i H o s h a i a h 1 0 0 : O n l y o n e s h o u l d not m e n t i o n
less than t h r e e s e p a r a t i o n s . 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. But Rebbi A b b a h u said, o n e m u s t seal w i t h
"separation". 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 ?
100 Son of R e b b i H o s h a i a h (see between Israel and the Gentiles (Lev.

Chap. 2, Note 169). The statement is in 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 Also c a l l e d M e n a h e m ben R.
101 For example, He Who separates Simai, an Amora of the first generation
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

HALAKHAH 2 435
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 the discussion w h e t h e r t h e separation
universe, Who separates between holy referred to in the concluding
and wordly. Praise to You, E t e r n a l , benediction is the first or the last one
W h o s e p a r a t e s b e t w e e n holy 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
104 As s t a t e d in H a l a k h a h 1:4. f o r m u l a of R. M a n a . Hence, the
However, Rebbi Abbahu is more 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 >3-1 o w n ϋ ύ ν ν > ? Ν 1 ?
rohùp i i ü N ION (foi. 9c) n o ? TY d d n ^ p j i w ^
"Tj; 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 Havdalah.
105 Tanna of the last generation; his 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 Refers to the majority opinion
the statement is in the name of Rebbi in the Mishnah, that Havdalah has to
Eliezer ben Jacob, o n e of t h e last be i n s e r t e d in t h e f i r s t weekday
students of Rebbi Aqiba and a major benediction of the Amidah. Hence, it is
authority. In the Babli, the statement is the first thing that one has to do. The
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: Since it w a s o r d a i n e d that
"Praise to Him Who separates between Havdalah precedes the weekday
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
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"» >3*1

Ν "Τ Γ) . 1 1 3 ^ ? >ν>>)?Γ)3 >Ν*ί>33 ON >3>Ί3 Γ φ >
.W r n p i N vmn n i N p Ν-ή3 ,!?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 : If h e
did n o t r e c i t e Havdalah 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 on
Thursday. That is restricted t o Havdalah 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 .
107 R e a d i n g of t h e R o m e manu- been formulated because at the end of

script; "Rebbi Eleazar ben" is missing 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 He is Rebbi Yehudah bar Illai. (Yerushalmi Berakhot 12b (8:6), Babli
In the Babli (Pesahim 106a), R. Zeïra is Pesahim 54a). Hence, it m a k e s n o
quoted as permitting the recitation of sense to recite the benediction at any
Havdalah only until Wednesday other time. The rule proclaimed here
afternoon. is attributed in the Babli (Pesahim 54a)
109 At nightfall one is permitted to to R. Jacob ben Idi.
light a new fire. T h e benediction has
aio oi> η>>?η? - a nsn ow? n3N >3-1 rmn> an oy/3 ïoiirç >3-1
>3"! i o n nwyon >y>3V*o oi> i>3 i p w ηιψ rivri> !?ηψ
riNjpìv) γ ρ » p i IÇN nvyç 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

HALAKHAH 2 437
r e c i t e s " H e W h o separates b e t w e e n Sabbath and the six workdays110"
R e b b i Z e ï r a said t o R a v Yehudah: 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 ?
110 This is the last "separation" in identical with that for the Sabbath. In
Havdalah 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.
but necessitated by the circumstances. Ill This is one of the seven
The statement really means that the "separations" mentioned in the Torah
text of Havdalah for holidays is but today purity is impossible for us.
TIN υ > > ) / !?nn n ç t o r j n s M ^ n an o N V J K >a-i r p p - p r n
» 3 > ι π η>ίρη> > i i o w ? η » ρ \ η >a-i . η η ρ ν η ·)ίν>ψ ^ a uynvin'}
oiaa v ? ^ v ^ y n τ ν ρ - ν ' a - i οψ:?. n»¡?^n >a-»
. 1 ζ Ρ > ν τ η n i l V^y? 1 ? 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 : One
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 . " Rebbi
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 . " R e b b i H i z q i a h in
the n a m e of R e b b i J e r e m i a h : " L e t us understand and teach us." Rebbi
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 : Those w h o answer Amen113
h a v e t o l o o k at t h e cup and the candle. R e b b i H i z q i a h in the n a m e o f
Rebbi Jeremiah114: 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 Since they want to discharge
superfluous. It is not in the received their own obligation by listening to
Ashkenazic prayer texts of Havdalah. another person making Havdalah over
Sephardic and Oriental rites do not a cup, they must see what he is doing.
438 CHAPTER FIVE
114 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 a i o î ? ^ q>&rn n w "lia* 1J3 " i n i N n :> n w n
l i n o ΝΠ> Hi) v r i n r i η η κ * m v > n y o ) n a > n n >}?> i i i y n .iniN V P J W P
.rrç π ^ φ ψ r o n ? ^ n ^ ö NID ,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. The r e f e r e n c e is to leader of the congregation in prayers
Deut. 22:6-8. recited by heart or prayers of his own
117 In the benediction "Thanks- composition. If he stumbled, there was
giving." no way to correct him from a written
118 In the separate Mishnah, this is text and one had to try another person.
the start of Mishnah 4. Hence, in the 120 Usually, if a nonprofessional is
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- out his unworthiness and accede to the
HALAKHAH 3 439
summons only at the third call. In an the job, he has to agree immediately,
emergency, if he knows that he can do
12l
v m p n ty v n n n by i v r i Ν n i p ? ή η ' ρ oy? onra λ ns^n
RN .TPPRN IYNN Υ)>ΝΠ ÌTIÌN ΤΒΓΠ WNN -»ISSI IP 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 >oi>
VVVr? bü î n ç ,τγ >?ri n>N·) >?ri t\h .cpçrn l y n n l i a *
N^ l i a >3") >3 >pi> >1"! Λ10Ν TO m "V^T OTO'S >?"!>

γ^Η) o n r n m n rpna v m p n ï y ν ψ ί ν ψ n i n o ν 1 ??)!
V?J?Q"ì lìtDì? 1 3 ο>)?ψ3 i ç n n m ì n i ^Ν")ψ> >ja VPnï))?T

t ù "τη N n v } ρ Γ Ρ η η ·)ΐο?>τι η ϊ r m η η 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 His mercies reach down to a
Rebbi Phineas. bird's nest but not to insects and worms.
122 All Mishnah manuscripts, all 125 In Babli sources (Berakhot 33b,
Yerushalmi sources of the Mishnah, Megillah 25a), the statement is attri-
and all Babli sources (Berakhot 33b, buted either to R. Yose bar Abun or to
Megillah 25a) have v r v but all texts in R. Yose bar Zabida.
the discussion have waïi 126 Targum Yerushalmi (Pseudo-
123 "This man" in Talmudic speech Jonathan) to Lev. 22:28, with minor
means "me". (The same usage is found changes.
•>p - d o > p n * ? a n Ί 3 ï n m y >3-1 - i ç n .iriiN VPTIWP o n i n onio
.in D>?wnri -pn>2 !?3Ì* . - I Ì S ^ S Ίηηη jqn .-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 iiìvn nabft
Π3>Μ r o n " α - α ΗΊΗ inn Jiúwíon n y o ÌWTYÌ
Π51Π 3*1 Í 3 > 0 ^3") îllîîV Π^Ο 1 Ί DV>3

HALAKHAH 4 441
Jiiana ÔJjia n i J i w i o g Jiioâ v ^ a nyo an
.V? i r ^ n o i p 9 > i n n n j / o n v wni n w 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. It
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 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 Babylonian recitation of Shema' in Halakhah 2:4.
A m o r a of t h a t name. T h e name is
N n n > r i > m p i n ->ay > j i n ina 1? r i - η κ η κ >a-t
>3"> o w a r n "pi? ι η κ ."po>p >a-i> i t o v ^ ì Y111*! . n r n a i n - o w n - )
. ì J i i N " i n n n o ")>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 > β ο >pn ί π ί κ m n n ç tt » J B η?ψΝ
>oip iO(9n bNìoy) .Nìn ν » . ο ^ ψ η ? η?ϊαι ont
η>> .ρη>>ϋ nato? o n * "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 . One
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 . They went
and asked Rebbi Simon. Rebbi Simon said t o t h e m in t h e n a m e o f R e b b i
J o s h u a ben L e v 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. They found a formulation that
m a d e a difference: 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." At the end
he started looking at t h e m 1 3 7 . 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.
134 But an individual has to repeat "minor" because his stature was not as
following the standards of the Mishnah. great as that of the prophet Samuel, but
135 If he does not believe in resur- g r e a t e r than everybody e l s e in his
rection of the body, he is a Sadducee. generation.
If he r e f r a i n s from uttering the 137 When at the end he realized
deprecation against 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 A Tanna of the second gener- the congregation" who omitted that
ation. He 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
himself had formulated. He is called into a lengthy discussion why they did
HALAKHAH 4 443
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 . T h i s is c l e a r l y in was built-in and the p l a c e o f the
contradiction to the version of the reader was lower than the f l o o r of the
Yerushalmi. 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 . i n n Min .iniN m n n ç "»Ptn pao vnin
içN π ι ί α ν ^ ι ή η ι ι Ο ONÌ i n n v ^ n IIÍS - i p y O N i3ni> >3-1
r o n * κ»3ΐ5ητ» 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 Rebbi
Eleazar: 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 If the person praying did not They are certainly part of prayer and
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 a- N - "n p
ι
r vT n
T
i' 3τ nΤ i > > : n Γ· i
n 3Τ n
"
n a· N Τ" n >a-n n n a hzhΤ "
m
i o n on . " 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 ? " !
71)3>)?J} * ÏTîiTl r p j p ì ^li?^? n^Ì IDâ^ 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 Fleischer has recently published
tractate Megillah. The main place of Genizah texts which might imply that
this paragraph is in Megillah Halakhah private Bible readings also need
4:5. benedictions b e f o r e and a f t e r the
142 In public, w h e r e e v e r y section reading: D ' ^ m w ' - p R nVon 'xaipn o'»op
read in public needs a b e n e d i c t i o n 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 . o n * ) ? t n ^ l r n i n ? m i p ο > 3 ψ ι τ η ϊ Λ >ari
tùH rD*un * ΐ ) ? > » 7Ù Π > Ν κ * ί ί ρ - τ η ί ο v p n w ο^ψ tO >Μνη
.jinN i p N : p n > VP??? W -ρκψ o w n
It has been stated 143 : 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? But it is because t w o voices do not
enter into one ear.

HALAKHAH 4 445
143 Tosephta Megillah 3:20. The Torah and then a n o t h e r person, the
parallel to this discussion is found in meturgeman, translated the verse into
Yerushalmi Megillah 4:1. The Babli Aramaic (Onkelos for Eastern,
(Rosh Hashanah 27a) quotes only the Yerushalmi for Western congregations).
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 On one text, only one set of
that someone read one verse in the benedictions is admissible.
jivriî? Nîy >ai i ç n . 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 in the prophets." Rebbi U l l a 1 4 7 said, o n e c a l l s s e v e r a l
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.
147 A student of Rebbis Yohanan Torah reading on Sabbaths, holidays,

and Eleazar who used to c o m m u t e 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 Torah
148 The baraita does not speak of reading should be split among different
simultaneous, but of successive readers. people for different sections.
It asserts that the haphtarah a f t e r the
- ή Ν ψ η n?> v i "|oiy>oi v i r » a n n i n i ΊΚΗ
>3*1 . H 2 ì >ρτ oy>pü)? αιν>ρ r i a r m a . 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 -»on 'ai νγιν noìo? >i!?>y
.rrnpNi v i n r p ç y ? H1? ^ I Ç N .r»>}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 In the Rome ms.: Rebbi Eleazar,
the Babli (34a) as tannai'tic text. the better reading.
150 This refers to the part of the 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. It f o l l o w s that without an of the congregation."
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 iâri
.ro-ia tintiti
τ τ s
153
Batitay was paralized at ophanim . 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 middle of the first benediction of
the recitation of Is. 6:3 and Ez. 3:12 in Shema'. [The paragraph cannot deal
HALAKHAH S 447
with Qedusah in t h e Amidah since leads up to Qedusah; the second part

there ophanim are not mentioned in the 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.] Rebbi Abun's that the Qedusah 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, the two parts of the
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 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
The first part of t h e b e n e d i c t i o n 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 . If there is no C o h e n
there but him, he should not lift his hands. 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 blessing help of a prayer book.
(between the last two benedictions) so 155 Midrash Rabba Dcvarim 7(1), an
that t h e C o h a n i m may r e p e a t the early Israeli Yelammedenu 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"! t i n t n i a n >iri :fi n a t m
tC? r n i n i JirnoNtn riten - !?:»? η η κ ipapni rnirn
N>N1 ,-NA RRÇ N N >333 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 ÌN&I
H a l a k h a h 5: It was stated 1 3 6 : H e w h o recites the blessings for the
Shema'151, 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. If he answered, he is
uncivilized. 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 The Hebrew expression meant benedictions after the Shema'. 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',
HALAKHAH 5 449
and the repetition of the Amidah with itself (except the benedictions for the
Qedushah and the priestly blessings. recitation of Shema'). This is the
The Ashkenazic interpretation is reasonable i n t e r p r e t a t i o n of the
supported by the reading of the Yerushalmi here. In the Babli, the
Tosephta (loc. cit.) where one clearly parallel discussion is Berakhot 45b on
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
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 i ç n (foi. 9d)
. n a n o ΓΗ* "py^nn c n n *PO!?T) -τηΝ n>n ON I>1V ο ! ? ΐ 3 ψ i o t a
Rebbi Hanina said 1 5 9 : Two Israel 1 6 0 and one Cohen, one takes the
Cohen in the middle 1 6 1 . 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 give the place of honor to
to Cohanim in the society of Non- the Cohen.
Cohanim. The parallel to the second 162 A rabbinic title. A compacted
statement of R. Hanina is in Babli Yoma version of the Yerushalmi is quoted in
37a. Raviah #577.
160 Jews who are not Cohanim.
rp.}> 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 CHAPTER FIVE
163 Reciting Grace aloud for all the ruling of R. Hanina and states that the
participants in a meal. Rebbi Joshua 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 Gittin
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 the
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
164 In t h e p a r a l l e l , 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.]
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 ^ 1?
w y n . pHQ ΓΟΓ) νήψη mn 15 na rnv >31 .TWJQ "oiy tin NWÜ

. n - q > n>> p > a ? .rrrinv 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.
165 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 both inaction.]
Cohanim and they had d i f f e r e n t ways 166 Possibly he bandaged his head
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 >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 ^
HALAKHAH 5 451
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 . Whom
d o t h e y bless? 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 in (almost) w o r d by w o r d in Y e r u s h a l m i
order to answer Amen after the Gittin 5:9.
V"T>?iyn .rona ·)3>Ν o o r p n η ί η φ VTPìVn >3 » 3 N h ) T \
n r n i n ! ? n 3 ϊ ν n n i n ì!?>«)n -13 N » n >3-) ί ο ν oorpn
. i n i n N ^ n^n) i m n > D/dj?? Ν Ι Π ρ npyrpy;} o m ^ n in ντρίνπ
ijvno v * n s n ϊ χ m n - ) vis'? n'jìop ί τ ν η η VÍ3> η^ιη vninwb
. i n DD*)3 o>7"T^n ρ v i p i y n IN r n m ΝΙΓ) .rn>w:>
A b b a y e ben Rebbi B e n j a m i n 1 6 8 stated: 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 In the Babli (loc. cil.) t h i s is a
bar Hiyya, a Babylonian A m o r a of the tradition of R. Joshua ben Levi.

452 CHAPTER FIVE
170 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 Since the Cohanim intend to
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. (The
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. An action that
γρπ o n 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
•)nb »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.
172 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 Halleqet.
blessing b e f o r e it is recited aloud by 174 In the Babli (loc. cit.), A b b a y e
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 In the Babli (Sotah 38a), Rav 175 In Yerushalmi Gittin, the author
Hisda is quoted to the opposite e f f e c t of this statement is Rav Huna.
HALAKHAH 6 451
V I 1>?>P NIN H 3 > * Η>>Ψ ON-) .IB NIN V I I>?>O NYOI Λ M TOA
Η>ΗΨ NOI-T I ? Ν3>?Γ) > ? Ι Ï Y VTY U M .INIO? O-JN Ϊ Ψ INTFRÇRÇ» I>N>IV>>
"»ON V I V Η JIN I>>3P ^ N O N N >N Τ)\ Ι Ρ Ί Κ Ί O>>INN Ï Y

1
ΝΊΠΨ »?>F 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 Γ^ΨΙ Ύ } RFRI™ !W>>)3Ì 1 3 1 3 ΗΨΝΟ
-ION ΤΙ>Ι N>>>YB RFRJN N>>>*£ Η ^ Ν Ψ >> II>NPN yù I O N ,ÌI>V3 NOÎT
V3n n v v n n i N 3 in?>pi 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 ,Q>JW 3>Y)PRI 0 3 ! ? I>?N OYO NÇN .ΐ3#>£>Η Π ^ Ρ Ψ ΐ Ψ

OÎ
DÇ .ÌJ1^>3J1 1 ^ 1 3 ) ? ΝΠ> ΓΟΙΊΪ? 0 7 Ν Ϊ Ψ WJÍ * ^
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 T h e first "you" r e f e r s to t h e ben Nahmani, but that his lips pro-
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 M mvo
^"ΪΝΓΙ n i - p s .·)?ΪΠ n ? Ν - n i - i n i N M i n ì>>r» ϊχψ ι>»η ρ >(ΐη
K > s i e n ->nin N ì n n ? n ϊ χ ψ n a n ρ >pn nniNiii n ? l o i a ion
t n i N r m n > >11 n p i y i n >-19 f o i n i o ì n n ì d n i p - j » n - Y ì W V?
M i s h n a h 1: 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, our God, King of the 3 Rebbi Yehudah 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 The words "because on bread" a r e as "fruits".
oîyn ρ otos rooîn .πα η ν η η inri η ξ φ ρ ί >ρτΝη ^ n>rp :κ na^n
V'HO n N > p n « n p n α > τ ο ΊΓΏΝ -»ÇN . n i d o r i il? η>τι»\{» TU
ύ ν ι ? mis» .en?? i N i ^ n iíns oîyn .οί3γι l i m a c i Jnw>

456 CHAPTER SIX
ΠΓΙΝ * 13 >3-1 Dw? y n n v n >a-» . r o n a
ΊΠΝ i n i r j ^ n ib>N? n p T a i rilpDN ON >niio
(foi. ioa) .tp^y !?a > m i o ι π Ν -»17 .tjfliii >?N n ^ n p ta 'mio
N>an Í73 i n n ΝΠΝ >a-» ION 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 ^ niio
n>n ,V-jon>I V33> n a n ? η ν ο ψ "rn^p 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 with you", I
am feeding My goodness to your body. 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 5 The obligation to say Grace after a
his own. meal is spelled out in Deut. 8:10. The
HALAKHAH 1 457
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 . T h e best
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) it the negative implication of the verse
in t h e n a m e of S a m u e l . R. L e v i (which speaks about growing d i f f e r e n t
compares the verse (Ps. 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
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 it becomes human Since t h e s a n c t i t y is not t h a t of
property. W h i l e R e b b i Levi is a sacrifices, the sanctity may be removed
Galilean teacher, the Yerushalmi 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. Hence, the redemption is
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 4:1 which is iden- praise 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
7 The translation follows the Biblical
then the last step of the preparation,
text, not the text written here.
the recitation of the benediction, will
8 The verse is e x t r e m e l y h a r d to
allow the food to be given to man as
u n d e r s t a n d ; t h e next two interpre-
his own.
tations have nothing to do with t h e
6 This argument is very difficult to topic on hand; they are only added to
u n d e r s t a n d and t h e commentators 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 been
9 Taking Va as shorthand for 'isVa forbidden f o r the first t h r e e years.
"without". This is only a hint for any other food.
10 This is also quoted in the Babli
"V3N -lD^V 1 T 3 1 " Î 0 "X3Î? ^ VPÏPV ^ P T ^"Π
n i d o r i ϊ ϊ ψ i>3>?ì nùiy\? Jïrçpn m ? ) / j i i n > n>)p-)> >3-1 n>>
n j w i N i n a -»3 N I N >31 w p i n a r i .rm? nwy\?
rmy\? r n i n n ç τ η ί η w>pn .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: Y o u acted
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 . And from

12
w h e r e that all c o m m a n d m e n t s need a benediction? 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 . " It
brackets Torah and c o m m a n d m e n t . 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
HALAKHAH1 459
fraudulent business practices. Terumah.

The Rome manuscript has instead of R. Z a c h a r i a h F r a n k e l w a n t s to
κηιιιπ n'a the expression πηκοπ 'dV "the e m e n d to κηιιηπ n'a " p l a c e of a
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 . The Talmud 12 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 of
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 The verse really reads: "both
third and fourth generations of T o r a h and C o m m a n d m e n t s " . 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
mτ m
·:-
v - iτ n- :N- :^ t v îτoτî ?: n' i- n··i N iτ m
· ·
3 ü· í: p' τ nτ v m
Vö» ΓΡ> .>3 t ? ? r i p n nnt» p n v >3-» ΓΡ> I O N .Π>3
>53θ n dτ ' - i ·ü: n o- i .n>î? γ ρ ν . m nτ -N: ·ì·?: ì v i τs τi :? n aT iT aS ' p y oT n "T

y a; v·)
>3-» n>> τ η ν π α .ioyn>p pnv n>> j v > i ioyn)? i n v y > j y
J i n x r n n ? ϊοκ r n m p n v >377 η > π > η .n»-P3 o w n pnv
ηη.Γ)Ν>ι η>?3> r o - u p y o f o n y ^ ρ η η ϊψ
14
Rebbi Yohanan t o o k an o l i v e 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? W h a t Rebbi Y o h a n a n did w a s
because of a creature 1 7 . 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 CHAPTER SIX
14 Here starts the actual discussion This is called "one benediction in the
of the rules given in the Mishnah. 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 applicable one of those
drawn are totally d i f f e r e n t . In t h e mentioned in the Mishnah.
Babli, R. Hiyya bar Abba reports that 16 In general, anything smaller than
t h e olive w a s s a l t e d , w h i c h 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 changes the smaller than the volume of an a v e r a g e
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 The Babli (loc. cit.) c o n j e c t u r e s
"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 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: "A land of is eaten, irrespective of size.
wheat and barley, vine and f i g , and 18 A pomegranate is f u l l of seeds;

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 these kinds need 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.
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

HALAKHAH 1 461
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 A heavy subtropical wine with an may not". In the Babli, all sources read
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 In general, wilful spoiling of food
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 Niddah forbidden. The Gaonic Halakhot
2:7. Gedolot explains that the prohibition of
24 All sources of the Tosephta read the Sages (in the version of the Babli)
e v e r y w h e r e "one may not" where t h e 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 ow? -13 n p y > >an
IP ^ n . 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 ·)>?"! ' l ? N - m n o w Nin
OD 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 28 Grape juice is really pressed,

statement of R. Yohanan. The argu- 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 An otherwise unknown Galilean a fermentation process and cannot be
Amora. In the Rome manuscript, his described as being "recognizable in its
name is Rebbi Hinena bar Pappus. state."
n>n? Ϊ3ΌΨ I ^ V Ρ ^ ψ p"V Ή Ρ Ν "ΡΓΡΠη ΪΜΏψ "ION N3N >3*1

i p i N in ON Tlin?> DW? í ^ l l
r n -im .i-mi 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 jiûî twiîj
,·)η ν ρ ί η ^ ψ >? ϊχ <ÌN

29
Rebbi Abba 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
HALAKHAH1 463
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 the a b s e n c e of tableware except
to hold a d i f f e r e n t o p i n i o n . The knives.) 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. The holidays, visits of important p e o p l e ,
interpretations of Babli and Yerushalmi and after bleeding.
differ. 32 Flour is ground ("mashed") grain,
30 ρ·Λ® "cooked in water" in contrast one of the Seven Kinds.
to Vsnan "cooked in broth". 33 Hence, the statement of Rebbi
31 A s a plant, inoV means "beets", but Abba is superior to that of Rebbi Zei'ra.
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 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
-im . 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 >31
i r a i n > i > i o ? N 3 i > o "TN i n i j » V 3 o n V>Vì3J? Ν " * ! VW 1 »:!?
Ν Ί Ί ->3 N>>n >3"! p n v » 3 1 ·)»? y n y i o v i > I N © >3-? Ί>?Ν .noça
UNI n o •)» Ν - τ η ρ tìv"! .nv> - o N>>n >3-» , n ? > -13 i n > ? 3 >3-1 w
N1Í3 i p - i 3 ) p i · ) » ρ ι η - η η V3V,}·) N J V > I 3 N > N>3*Ì3T 1331 ·)>>ηη
rnpN^ κ>η no>ri v * -ID V P ^ V VPixnvii .nçîstn >1?
> 3 1 >3 > p i > > 3 1 i o n . · | η ι η n^\?3 l p l p y w "|V3 v p î ô I ^ rninri
.Nin i3>V3 >s ^ η Ν >n i s T j y >P ^ n?î -V?»!?? n > ! i u n
,n?riy>? ·)ΐ>? p i >
34Rebbi 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 : O n e says
" 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 . Rebbi Benjamin
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 : 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. This is t h e a r g u m e n t a n d
current text has been corrected conclusion of t h e Babli (38b). The
following that Yerushalmi text. refutation of Rebbi Zeïra's argument is
35 This is the exact meaning of the not in that Talmud.
corresponding Arabic oaa. 39 Greek θερμός. Raw lupines a r e
36 T h e g e n e r a l b e n e d i c t i o n on cattle f e e d , too bitter f o r human
everything not expressly mentioned in consumption. They become edible only
the Mishnah. a f t e r long cooking. This s t a t e m e n t
37 The Mishnah enumerates all herbs supports R. Hiyya bar Abba.
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 R. H i y y a b a r A b b a a n d R.
Passover, adding that these herbs are Benjamin bar Yephet.
not usable if cooked or marinated. The 41 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 R. Hiyya bar Abba studied much The rule t h a t v e g e t a b l e s w h i c h a r e
HALAKHAH 1 465
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.).
42
N > s i o n DON 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 .η>υ>ρ") >p r Nn
>19 Ν 1 3 3 Ή " ρ η η π ^ϋ) N">ian n>po? 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
disagreement: riD^, Rebbi Hinena bar Isaac 4 4 and Rebbi Samuel bar
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 Bereshit rabba. Rebbi Nehemiah and vice versa. 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 T h e name of an Amora is Yerushalmi raises about the c u r r e n t
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 Midrash
atemporal sense. Tehillim 92(6), which a p p e a r s in t h e
44 A p r e a c h e r of the t h i r d gene- 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
ration of Galilean Amoraïm. The name Babli Sabbat 30b, Ketubot 111b.
of his teacher is unknown. 48 One is not supposed to follow a
45 A Galilean Amora of the third m i n o r i t y of one, m u c h less to be
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. His f a t h e r and 49 So that κ ' ϊ ί η nbivri should not be
father-in-law also were rabbis. pronounced ha'ôlâmôzi, but clearly be
46 While the traditional vocalization said in two distinct words.
is rœV which corresponds to Arabic nnV 50 Since ρ 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. However, t h e c h a n g e pro-
This is extended to ns kV "not bread" posed h e r e m a k e s no sense; nobody
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 is c o p i e d in Midrash blasphemy. 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 One wonders why they disagree
was bread. only about the language for bread and
47 Since flour cannot f o r m a loaf not for wine.
ΓΡ3>Ο " η ι > ? ι Ν Ό ΐ η - η π i o n IHN ï o i y t >3-1 n o N
-p> ieri V~\W ο?)3Π r i £ N nn .jiiî»?^ >ii?>y n D - i i j p i n »
N » n >?-> . n ^ n ^ n i n v i yp? ΪΟΠ 0 1 3 .n^nrin invi
Ν7Γ) N i l 1 3 Ν » Π >3") Ί 0 Ν . t n Ì 3 ΝΙΠψ n ^ V ? Π3Π ty 1>?"Ì3)P V N
ΓΟ*)3>? Î I H Ï ? 'TIN Hï ÏOm f Ô W V 2Ό)Ί 1ΓΙΝ TTJÎpïJl
"Tía? DW i T ì i 3 ->9iì7 r j n s ττι> - α o i n p r i >3-» n ç ν im

HALAKHAH 1 467
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: One recites the
benediction o n bread o n l y w h e n o n e b r e a k s it 5 4 . R e b b i H i y y a bar A b b a
said: 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 The usual expression ns for bread
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 of bread; it might be a round cake of
benediction on water b e f o r e one starts pressed figs. R. A s h e r ben Y e h i e l
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". T h a t r e a d i n g seems to be a
54 T h e f o r m u l a t i o n in the Babli copyist's error.
( 3 9 a ) is: Rebbi Hiyya said, the 56 A Galilean Amora whose time
benediction and the b r e a k i n g of t h e cannot be determined.
bread must be finished simultaneously. 57 By a statement of R. Yohanan and
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
468 CHAPTER SIX
nina Ninni . r m ? m - i m *τη í o o ra-η ι ο ? η .tm?? n n ?
TV 1 1 *® Ì'PID-! i n n I P Î I H » ? ,n>t3 ->»7 î m ç .n>ì?p
- i p i N y - t o >3Τ) mTnr)5 ^"ì Irina
V^DN ν^Ψ"^?·) Λ 1 Ν Π i o O p > N>i<iöri Vía!? "ÌOÌN J1ÌD"ì? η ψ ^ ψ V*ìx0N
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 * ν^Ψ

s w a n V 3 3 > njpN 1 » N ^ n n y o .nirn? VI t ON> -IBÍN ρ κ n q nnsn
V3>an -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 the
(or any other food) that requires a benediction. For Grace after meals, the
benediction beforehand; the second, if situation is clear. The requirement
one person makes a benediction over from the Torah (Deut. 8:10) is "when
bread for an entire company (with the you will have e a t e n and w i l l be
other participants answering "Amen" satiated then you must praise the
instead of reciting their own bene- Eternal . . ."; the Biblical obligation
HALAKHAH1 469
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 This r e f e r s to Mishnah Menahot
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 Berakhot
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 The statement does not r e f e r to
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 bread it does not r e c e i v e the bene-
the problem. Since b r e a d 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 cnvv>> V ^ O B ì > a i o j p m . M^N r n
a n -ιχπ n o p>? no . r m w HÏV) >a «jn i j p N >i> •)? y w i n >
ioiD inisi i m yviiin> n n inîs ypipt obis
Rebbi Abba in the name of Rav: 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" as is clear from the
has only the statement of Rav; there it Yerushalmi.]
>»!? iN ill!? - m 3 it? ptorò ηρ τ ON N^N ν η o y i s -papo

n>>N>py>a o > y \ ? π ΐ Γ ) > s p Dir) τ ? a i . 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 .ro-α ρρ?ο
It has b e e n stated: 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 benediction in order to eat.

47a). 67 In t h e Babli (40a) this is t h e
65 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 Since it is needed f o r the other effect that nobody may eat as long as
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 original order to f e e d the oxen is a necessary
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 nî
Rab H u n a said: O n shatita68, w h i c h is g r o u n d moretum, o n e recites
"that e v e r y t h i n g w a s created b y His word".

HALAKHAH1 471
68 The Aramaic shatita is the same Huna applies only to watery moretum.
as Latin moretum, a dish m a d e by This and the following rule are placed
mixing p o u n d e d r o a s t e d flour 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 and
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 in Appendix of a poem by Virgil's t e a c h e r Par-
Vergiliana [cf. E. and H. Guggenheimer, thenios and model of Virgil's moretum
MJiwV vol. 36 (5733) pp. 105-112], In (E. G.).]
the Babli (Berakhot 31a), the rule of R.
v j j ON r j v a ro\{>i v a ^ϊ) αϊ
>?*) >5 > ρ ν >inìp n ç - α ρ η * > >3-1 . Ή ! ? ! ? νη on
ονη-^3 >fl Ν>ο> ^»ÛN i j n v r n o w ? ÌÌIN
R a v H u n a said: 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 Babylonian and Israeli
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 His name appears only here. In
into one cheek. In the Babli, the verse the Babli (loc. cit.) he is called ρ η ϊ ' '3η
of R. Yohanan is quoted to prove that nKBgog , cf. Latin cascus "old, old-
food which can be taken out without fashioned" (E. G.). [The word o'opop
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 It should not be half full of food
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 >?>p Ν Ί ί η ·)η>>ν -MOÌN o > \ ? » n n JIÍ< o o i s n
inr)N> >(*wn i o o ç > N ^ i n n ioìn nio^p nitm«>n$
η ί α ρ ι n i i i t > ? >3>o N * ) i 3 I D ^ Ì I - i p i N n i o n a n ν « ON .niana
" p a n > : n >a > p v >3*i n i c m ? ΝΙΠ> n » ? ny 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
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 three72.
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 fixed
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 by Rebbi Jeremiah f r o m Babylonia. 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 any earlier one that dealt with p i e c e s of
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 . In t h e
by the majority opinion in the Mishnah. interpretation of Tosaphot (37b), his
73 Rav Cahana bar Malkio in t h e statement is rejected by the Babli.
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

HALAKHAH1 473
> 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 ÌJbny N a y -13 N » n ί ί
J i ú i t í ? >3>n Κ Ί ί ι ΐ ζ π i n o N ^ t · ρ ΐ Ν >3*i >3 >pi> >3·) ί π ν .ουίίΐη
ynia . - p - 1 3 7 N ì n n 3 η ρ ι κ η >-19 N " m - 1 5 7 i n ö , ! m *t>3H νιππ3
N ì n n 3 O>37Î»Ç wr? loia inb .ρ^νΐ «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 Greek όρυζα. 77 If the individual kernels are still

75 Tosephta Berakhot 4:7. Rebbi recognizable, in contrast to the ball
Jeremiah quotes the T o s e p h t a in the (Latin bulla) in w h i c h no i n d i v i d u a l
Babli (37a) which also disagrees about kernels are visible.
the concluding benediction. The next 78 If it is a mash.
paragraph w i l l s h o w that "no b e n e - 79 If one bakes any kind of rice
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 whole
lengthy benediction afterwards", only grains. [The Babli d o e s not a d m i t
the short form. different benedictions for different
76 From their silence one may infer cases.]
that they agreed.

474 CHAPTER SIX
>3>0 Í 0 3 7ψΝ1 N 7 > p Q P V P V D W ? H3V >3"! η ί Ρ 3 ·Π£>η^3 7Ü
bü} ï y * ΠΓΙΝ r j v n w?? i n s o>37vn
T h a t is b e f o r e h a n d . 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), include the doxology without invoking
Amora of the second generation. His the Name, cf. Tosaphot 37a, s. v. m i a . ]
formula is quoted in the Babli (37a) for 82 If the vocalization is n'oVivn 'Π
cooked c e r e a l but without the final (rejected by Maimonides), the trans-
doxology. [ C u r r e n t p r a c t i c e is to lation would be: "Eternally living."
> o v >37 3 > n n . n i v y s ? >?>» N 7 i 3 » a n > 3 7 7 ç n n £ > n r i 3 . η ί ο ? irr:? l y
n > r p b D n w 7>piN N i n n t t r n a n >>3ύη pipino ï y nîvmiç
.Nin v»? Pini .17373

HALAKHAH 1 475
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 ?
83 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. In Hebrew and
fruits is meant to show that e v e n Aramaic, "living" a p p l i e s only to
produce that has b e c o m e almost animals but not to plants.
w o r t h l e s s needs this benediction;
τη »arii 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 > rpny
^ΗΟίΦ ÏÏ129 ΙΐΠ Ί Π l >r ? F I

I^T i n V P P 1 W ί^Νψ-!??! .nnN n a n ? o n p i N D>03ni
. nτ n n x ! ? ι Ο ι : nτ o?oτ i :j o n n i N o>»Dm
· τ -
. í nτn- N i n v jτaτi ?s i · n·· τ ns n o w
: - :
ìwìm
. . . . .
84
The statement of Rebbi Simeon the p i o u s t u r n s out like that of
85 86
Rebbi and both of them like Rabban Gamliel , as it was stated: "The
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 CHAPTER SIX
84 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 Meaning "Creator of all kinds of
digression about non-vegetable food. living things" without the final doxo-
85 He requires a final doxology from logy; it is not considered a formal
"Creator of many living things." benediction. Rebbi Simeon the Pious
86 The second statement of his is in and Rebbi follow Rabban Gamliel who
Tosephta Berakhot 4:7. The first part in this case does not spell out which
of this Tosephta is quoted in Babli 37a. benediction he requires at the end.
no>>n 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 VV? Nin^-bD") xiïy wü?
y-ρ K M η>> ìiDpN·) >Ν3> >a-i i m i y ^ N I Î N - v y * π ^ ψ n j v >a->
>ai .i-aia ϊ ό η ψ N-iaritpo >t>i> > a i -«on ."p-p >o ,n>> IvvpN n o
n!? p m >oi> -ion .naioa ino p i n >ya η>>ρη?
. n > >N7 no*ii* n>> .>toi> ρ 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 .
HALAKHAH 1 477
89 The f i v e kinds of flour that a r e 91 The catch-all f o r all f o o d not

a d m i s s i b l e f o r matzot on P a s s o v e r covered by anything else and that will
because they can become sour: Wheat, allow one to eat all foods.
barley, oats, rye, and spelt. Only these 93 "One benediction imitating three"
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 Except in a meal that was covered
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 text start and Grace afterwards.
contains one sentence e a c h f o r e a c h 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 Still existing two generations after sense, and d i f f i c u l t to translate
the death of Rebbi Yannai. verbally.
ν ί ΐ ψ o v i p a r i >3JTT .o>>yi£> jvvyj Λ*!*? ο τ ή η NID
ïy roiwío ro-n ì-m n r ) jvan ^ya o y pvny
ín y n y p a iny pwiy v n o n ΐ η κ ,><ίνγι ν ο ί ή η ι >Qi<n
Ji>:n , 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 the
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.' But if t h e y w e r e

98
w o r k i n g f o r their f o o d 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 of the final doxology reads in all cases:
478 CHAPTER SIX
"Praise to You, Eternal, f o r the Land God should not be paid by the
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 Tosephta Berakhot 5:24, Babli 16a. 98 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 They formulated the fixed
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 .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 Does one have to mention t h e Sabbath and holidays. (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 mention
ji>3n ty n>p>«rt V p p ^ R ."inên ρ κ ι π ψ ? Ί Π Α ϊ χ V?"!3>? >?ri
i p i N ΓΡ3η ηιο>νή V P P ^ Í ? n o n a .-ppptepn ^ "»pw

1
nona ."|>\?n ->niN " ρ - ή ν ψ η? » V V w n a .nun ϊ χ ι ìy
nal ΐ η ί ν ψ na .pon ϊψ n o n a o by -içîn ο η ί ν ψ ty o>\?n
p o n κ ψ Hin na> v ç p w ï y Ν ^ Γ « , ρ - ι ί ν ψ ty ^ -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

HALAKHAH1 479
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. The Babli in practice follows
additional benedictions. The food that the Sages but the Yerushalmi follows
is chosen for benediction should be Rebbi Yehudah.
distinguished. 105 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 Since e a c h one has good and
106 Levy d e c l a r e s it to be f r o m bad qualities.
Nari 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
,o>NW7 Niia >3¡n . ì i a i ? n>r>3 bbrrç» ì w y i? N n ^ n
Π)3>>ΠΓΙ1 >3>>? 1Π l ^ N ) >ÌÌ7>V 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 , halimah112,
demua113, and l y c i u m 1 1 4 .
108 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.
the tree, since it will turn into inedible While it is clear that in t h e Babli
wood. mip means "heart of the palm", in the
109 This is the original opinion of statement of R. Joshua t h e word might
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

HALAKHAH 2 4SI
the word as equivalent of Latin dictionaries as "seemingly the name of

anchusa, "ox tongue". a plant."
113 An otherwise unknown grassy IIS A spiny plant frequent in the
plant; the corresponding Arabic word 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 1Τ3 λ mva
.ny> ï ï m ON 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 preferred benediction, the statement is
created." W h i l e this is not the 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 B a b l i 40b. His o p i n i o n is
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 relativizes the
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 yipnn n ^ p n - i o - i o í n >pi> >3*1
*VNO TT i n τm: ·i ro>\y

τ · Ì J Iτ» ·- O
: ·O m νJ w
- a¡ y· νr ^ Dτ *WÍN m τv r - ·n·
ipV? -Ν?? n ç n i d η ? ο n ç .rnn x s n n ν ί ι ^ - i m ib>3N i o î m
>it7-¡3 "in ."I? r n p N Ι Υ Ϊ n>ri!p>)3 >1*1? DD^H OW? ΝΠΝ "13
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- NJN
τ ·:T ~ · · η - ·· - sNJIN
ττ
•VN ->»ΝΙ . ' r a i n >ι> Ϊ Ο Ν ρ > ? 3 ΝΟ>3 ι π η N * m *V?NI
It has b e e n s t a t e d 1 2 0 : 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

HALAKHAH 2 483
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. Rebbi 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.
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 A Persian Jew. In t h e Babli
Yerushalmi rite prayer books show that (40b), he is c a l l e d B e n j a m i n the
the opinion of Rebbi Yehudah was the shepherd.
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 -13 hzh rmn? :n
(foi. i o c ) ·ρ:ητ3 ρ τ ν η ί ρ ρ > ? Ν Ν η ^ - ρ τ N p - n i a v i n ? n>an
. N j v n * > n o s n ^ i n j v î i o n nvpa π n o t o a p ï y rn.3? HPN
N j i r n ? ï y η τ α ί -τη >(ap .m n ^ ή ν!? i o s h ù N J V o i n N ï y tpni
ρτηί> 1 3 fi'î? "IÇN ο η η η n>> p n a .11373 γρπ?
V N O D n 1J3N . m i p n j w i J i i n ? - ) 3 3 n y y rrç t>
un Λίρπ . ι η η ψ "Τϋ Ί ^ Ψ t i n s * η ϊ ή ρ ν . ì n d ì>n i p t i n ?
o t o a p n ï y n i ? ? Ν-οΓίΌη i n ? " o 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". He
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 . 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

script. The Venice text has lV raw; hence, their benediction is
124 He is Rabba bar bar Hana. 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
39a as a tannaïtic statement. vegetable by the reasoning given in the
125 A salty plant, Atriplex 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 benediction f o r patridge is

the Babli, reported in the name of R. "everything." T h e story m a k e s two
Isaac ben R. Yehudah of Worms.] 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
to Rebbi Yehudah. the Babli, is the cause that the reports
126 G r e e k κ ε φ α λ ω τ ό ς , "having a about and conclusions f r o m this story
head". T h e identification as l e e k s is in the two Talmudim are not
f r o m Rashi in Babli Yom Τον and the comparable.] The second, 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 'everything', he has meal w i t h o u t t a k i n g God's n a m e in
fulfilled his obligation" does not mean vain. But, as e x p l a i n e d e a r l i e r , t h e
that one may recite that benediction on benediction "everything" is not valid
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 partridge
129 The Aramaic text seems to have cannot eat of the vegetables. 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
t h a t one should not s t a r t w i t h 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 is a l s o a p p l i c a b l e to fine.
vegetables and, hence, cannot be
ïy .Ì1973 n o w >P7NÇI ρ v ^ - m v^V ïV •> ÍUWB
r m r p >a-) . m p n > m ί ή η ψ Ί Ο Ϊ Ν ΝΙΠ n i ì n i i n »aian
.vty 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 produced as such from the start,
t u r n e d s o u r , not v i n e g a r t h a t was
486 CHAPTER SIX
Π>η3 D ? Ì N Ü7?N> N 3 .T1)?N "HOÏN >('»00 •> TO*«
n>r>3 b b n ^ n o w Ν? .JI)3NI l » ! îjm
iniN ι N 2 .TU?N 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. Hence

bad news, cf. Mishnah 9:6. seeing one presages disaster.
134 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 ? rann v w vn rwwe
ί ο » rrç ty 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. But the Sages say, on any one that he
136
wishes .
135 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. It
only. seems that the Yerushalmi means quite
136 The Babli (41a) interprets the literally "any one that he wants".
HALAKHAH 4 487
invi? r m n > >21 v v > ? rio n m η > 13 vvsörp >3·) Ί ηΛη
VÖO W> Ο Ν ψ » Ì 7 Ì O N ) 3 V ~ ^ 3 Π 3 i J l V " ! ? 1>N ! ? 3 Ν .ΓΙ3
ΝΙΓ) ' Ç V > 3 Ί -iÇN . η ί 0 3 -J-α!? ^ Ί * Ν 3 Ν >3"! - 1 1 3 ) p Ν1Π
>i> i ? v v i n ? > 3 - π i ? vy>in> > 3 1 7 ty Ν 3 >3-17
κιρχ-ϊζ u s invi? ^ ^ na ^ ^ i^VI? rvny? m v >3-1
πη^ΐ N 3 N >3"! . - p . 3 > ? Ν1Π V ^ n j n w l>ÖO 1^>3>3 ΟΝψ "Ίή»
i n v i ">Í7'V inri i}>?rrr .r^>3\? π ψ ν ? l ì 1 ? 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 three important food and requiring recitation
benedictions" whereas other fruits only of full Grace, any fruit eaten
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 was bread and should be covered by Grace.
considered to be "nothing". The Yerushalmi t a k e s Mishnah 7 to
138 Even if G r a c e is recited a f t e r - apply also to b e n e d i c t i o n s a f t e r t h e
wards. meal, not only before the meal.
>I!? > 3 I I O N
- τ
. N tτ n n n r i n ^
rIp··nτ o! >QN
· -
>:N Ο Ν Ή n > M >
τ :
M N J I M N A
τ τ ! ·τ
Ν Τ Π
τ
.Ν1Π Ϊ Π >3 Î7N O W TY
Garizmataw. 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, unknown fish", γάρος, 6 "paste of brine
its v o c a l i z a t i o n and e t y m o l o g y are and small fish", γάρον, t o "fish sauce".]
unknown. 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". Even coccio "potsherd" is possible to connect the w o r d with
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 text. Levy's 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 Greek 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
HALAKHAH 4 489
its own benediction. probably a r e t h e c h e a p e s t dish on t h e
142 He m a y m a k e t h e b e n e d i c t i o n plate.
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 " p i ? "tv
1>33> ì l J l J p n >Ν3> > 3 " ) H U I γ&Η >53 p^p
1 9 0 3 n a ^ Ν ί η ψ >a*i> η^ψ >31 ,ήτρ P13VÌ
v ï y n j n y p e p lo'í'a ΟΝψ »-Tin N J U N >an o w ? i o n ? >an
l>î?î?© ì ? a * ì ÎWI INÇ ρ . n ì N > ì í o r n >a*i .niap κιη
.113 ϊ ο φ i r o n ? \yjiy3 V?"ÌS?>? κ ^ ι v a j v 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. Rebbi
C a h a n a 1 4 7 in the name of Rebbi Avina 1 4 8 : 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 oraries, not f o r m u l a t i n g his own rules.
t h e S a g e s in t h e M i s h n a h and 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 brother title.
was Hillel. He was an A m o r a of the 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. dained in the Yeshivah of Rebbi Ammi.

148 A student of Ganiva, also of Rav 149 It is their intention to have a
Huna and Rav Yehudah, who full meal after the formal proclamation
immigrated into Israel and was or- of the New Moon.
oiipn 1>3ΪΙ Tn.a>? w n i n n r\\ >N ï y n j n w ν ? ' ) ? V3fl> vî
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
recite the benediction? T h e r e 1 5 0 they say: 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. and (2) barley, (3) grapes, and (4) figs,
151 Hence, the orders of preference and (5) pomegranates; a land of (1) oil
are (Deut. 8:6): "A land of (1) wheat olives and (2) date honey.
IT? limn i>»n n i * i o s "ptan w ï y ï y rjTS
-toa n a n i y ."ptnn m v s - > a n riis -i\?a p w n rnaian
IN o n p i N ji>3 . n a n π is ->oa r i n d a n ϊ χ rj*v? 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.
HALAKHAH 5 491
152 Given as an a p p e t i z e r . They into l i t t l e p i e c e s , c r u m b l e " . It is

drank wine a f t e r t h e main meal but 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 the
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. It is m o r e likely that
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 . Both w i n e and serve, bring to one's side" (food), or the
cookies w e r e served b e f o r e and a f t e r passive "set on table, served"
the meal only on f e s t i v e d i n n e r s as (definitions of Liddell & Scott). The
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." The vocalization
153 The verb n o means "to b r e a k should be γπβίβ (E. G.).
η * n\?a -pton IT? l ^ a r i η ϊ Ν"τρη m . i o n :n r t ï ï n
V»n riN n o s t i ï - p « a n ρ ι α ψ :p_>5 ON Ï O N ,·)ί^η i?»n
n i * - 1 0 9 tC? l i t a n v î t i ïV i!?>flif p w i»n .injan twW
i>»n tin. - i o ? "Ptiari ι>»π ϊ χ π τ ? Nni . p r a n -ιηΝίρψ v ? n

154
V70? -τη 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 /pon?ip
H a l a k h a h 5: 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 - 155 When wine serves only to wash

script. Venice print: l'ina. 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 In Babylonia, where wine was a benediction.
rarity and only used on Sabbath and 158 Latin balnea, -orum (plur.), a
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. The e n t i r e from the sauna is taken f o r medical
discussion is Babylonian, cf. Babli 42b. reasons, its benediction does not cover
157 Latin conditum (scil., vinum)\ this wine consumed as food.
wine cannot be compared to regular
•PUSH 1ΠΝ V?p>3 ΠΝ3Π J13 Ν3Π Ν»Π >3*) DV? NJin 2Ί Ï3>Çt >3")
i o• nτ >3-» - »-»τν · !
"Ι ρτ τη ν >3-ι
* · · -
>3τ - i -o τn . nτ n νn- : h- ùsi n>33Î7
τ ν τ :
η οτ - ΐτ 3: n i ri ^v so
η>> ΙΏΝ .ynnn limn i i m n P>Û ΝΙΠ no? >3-ι>

DW3 3 1 NJW ."ptiari 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. Rebbi
A m m i said that Rebbi Y o h a n a n d i s a g r e e s . 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 bread. The Babli (42a) quotes only the
kisnin-bread is called 3»3 in Arabic. 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 The Rome ms. has h e r e l'en,
dialect. Rabbenu Hananel and Rashi conforming to the next two sentences.
explain that it is a baked shell filled 161 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 two
but since it is not baked as bread it is benedictions.
not covered by the benediction over
HALAKHAH 5 493
γύ ρ ? ψ r n r j i V P i ^ R ? ΓΡ> T»ir) » t P O 1 5 >31

-
n>riO'>3 o y v i ) ? ^ »oin a i .«po ) rpjitp ι π ^
:p.3>? η Η) i r i i v p ? w ïï?"! ^ ΠΝ 'WN 1 3 Ν » η α ϊ η>> I Ç N
> p v >311 ^ .·>310>ΐ5 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
> 3 1 >3ΓΓΤ .NJV3J1Ç} ^ >ΓΙ>3·) N J 3 > Ì N ρ ί 3 ψ > 3 W p N . ή ^ Γ Ι 1ΓΙΝ>
">ηΝ> Π Ν 3 Π TIS >>>>J7} »OV >3") O W ö ÍTTV >3*1 D W O
>it?y ·)33Τ) > ? p o ? i n i ρ τ > ? η n . j p N . 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 Rav, who said that food e a t e n
163 He is also called Ininai bar Sisai a f t e r the main meal, w i t h o u t b r e a d ,
(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 T h a t b r e a d c o v e r s all food
second generation and student of Rebbi which comes r e g u l a r l y with a meal.
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 üvyin? >a~> >3 ο ύ η η -IÇNI
ν 1 ? «IN - ì o ì n >nb\¿> n u ? π)3 . N r ï p i o - ι υ ρ naie? Nnmna
n i s ">\?s n a n ϊ χ r n ' S -N'O η.?? >3η η ρ κ . m j î ? nwpjo
,ΠΊ>7Ϊ? n w y o γ ι ν - t o a onpiN n>3 r n j i ? n w v e UNÍ r e i r í a n
n ^ i n a n n i * ">oa n ^ m i n n t p y - t e n^>nj? n n a - i a n ^va on ïqn;
n>nvi?ì n > i o ìjdni inN > a a > 3 - ^ n n a n 3 n >3*1 . n v i i ? nyyn
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 > 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 C e r e a l m a d e f r o m f l o u r or three."
HALAKHAH 6 495
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 In Israel, one never ate cereal
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 ιη>Ό>η v n :i n i v a
.ÎD!? m a p i n j s Ί ^ β η ΛΠΝ> n a p i n i s ' t o "ptjsri r p j i ? Ί » io 1 ? N I
. 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 mugmar111.
172 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 have 174 Assembled to eat a meal as a
"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 The Hebrew verb i»», Arabic garments.
nsj, means "to roast on burning coals".
ji?an ΝΠ .NJViipo N>n i a n m a y ó I Ç N l a j w i n ? >an λ n a i n
. i j v a - j i ñ a Ji?an N » n >3-Ι >?ΓΙ λΟ i i v a rjijia
H a l a k h a h 7: 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 In one of his barai tot. He allows
179 Since all members of the house- a common benediction only in a formal
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 ·)!?ΐ3ψ
"ΤΠΪΟ
Τ r ¡
Τ ΠT Ν
V
- ^ 3Τ M A
TV
I !S ini?
* V Τ
IN>AN
· ··
.ΤΙΠΝ
- -
Ί*Τ>Τ Ι ΗT Κ Ι *ΤΠΝ-Ϊ>3
V S T V τ
Ο· Π ^
- τ t
rp-is p v r t o n >a ϊ χ η * Ί » i N u n ìa>oni toy -f->nxp
>a b y 1>< o n # w a n . o ^ s n > ï y rpa»? inN-) . ^ w n by
O ^ D >7> b y ^ l a p *τηι* n - i a n a 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 4:8; B a b l i 183 Greek καθέδρα.
43a. This Tosephta explains the 184 The dining room, son means "to
background of the Mishnah. lie on couches" in Mishnaic Hebrew.
182 Latin subseliium.
•p-iin i r o i t ? nt^ - ρ γ ρ nì? nm n j n w n a i e ìjori pri
n 3 n >?•) ."pnnNn n i o oi> l i a ? ^ n y i i n ^ ç l p i n m w n p o > > ? n n i s Min
r n oi> -Tiyan i r o i t ? ìnoa!? d i n nns» o v ó > w n * n N » n 3-> » o r o ia

τ T T -r . T - . - - T · - τ -
!7Νΐηψ a w ? ν π ν - o npy> >11 - J i n } vili?!? i n * η > 15 y w i n >
N33>n >3-» Ν Π Ν >3-» :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 . ì t d i o -pri3 ^ d ì n i n ^ y ì in1?
i n v i ? n > n y i ? t>Ni»v> "»»7 n o i .-»ηκ 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 sukkah
i n v a l i d 1 8 7 as l o n g as it is still day. 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

li&
m u s t m a k e Qiddush i n s i d e his h o u s e 1 8 9 . R e b b i J a c o b bar A h a in t h e
n a m e of Samuel: If o n e m a d e Qiddush 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. Rebbi Aha, Rebbi
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 : H e w h o l o v e s his sukkah
m a k e s Qiddush 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
sukkah192. 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 does not way.
apply. Since one may not add to the 188 The sanctification of (Sabbath
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 Shemini Azeret, irrespective
on the eighth day. of the place of the meal.
186 T h e o b l i g a t i o n to live in the 190 This parallels the statement of
sukkah extends until n i g h t f a l l of t h e Samuel in Babli Pesahim 101a that
eighth day. "there cannot be Qiddush except at the
187 That it would no longer qualify place of the holiday meal."
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 invalid 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
HALAKHAH 6 499
Rebbi Hoshaiah's or Rav's. Hiyya bar Ashi, had supported Samuel.

192 Contradicting the statement of Hence, the attribution of t h e statement
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 So t h a t at t h e m o m e n t of re- by both manuscripts of the Yerushalmi.
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 he must
194 T h e explanation of R. Abun is require that Qiddush be in that invalid
impossible since then we would have 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 This seemingly unrelated topic
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. According
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. Hence, Rav must disagree with d r i n k i n g at a n o t h e r p l a c e 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 . This
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.
Samuel (seconded by Rebbi Yohanan in
Rav Huna would not have gone against
Babli Pesahim 101a/b) will agree to the
Rav if not at least one of the latter's
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>> N3 n o >jpp κ ρ ή i ? η*
1ΓΙΝ m T ) 3 N Κ Ί Γ ) >3"» .>Ì33 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 Greek ΐασις. The Arukh reads
43a. here or, Greek ζήτω "for life!" The
198 Talking during swallowing may 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 . ι » ν α ι n j w i n i>a
p m > n N j n r p p n ? >an .rpa!? t j n s ^ n b y m i i y ? n n i i n rp)?n> a n o w a
n n i r o ί ^ ν rP> n p ^ .any ^ lOiN fon t ^ p nnif >an!p
N 3 N na pn^> . o > p t y a > * v a a i o 0>->. i r o í^!? n m .any i ç ^ a aw
.ο>)?ψρ aio n n rpna - i o n i n l^n ani rppnp na
>Ρ.ΝΠ a t y y a " > 5 1 1 5 a>3in - Y w n a y y a a i o n>n ·)Γΐ3ψ rjma DON í o n m
>riV>aa D i p o l i a ^ p m n>> - » o n on >p"> . o > « y a V?>
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 ,>(>>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 ,i*t> ; j i n > ι!?>?ν
a i o n n i r » n ^ N nniN N i n iîp ^ N i p n a n DON . ^ n a > * ] n * w n ijva
,o>nâ 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, each person tastes wine. Rebbi Zeira in the name of Rav
200
Jeremiah : 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 The text, "Rebbi", is in error 205 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, "ointment
teacher of Rebbi Jeremiah in Galilee. made from olive oil"; this fits neither
202 A Babylonian; twice mentioned the s p e l l i n g of the word nor the
as associate of Rav Hananel. Mata context.
("City of") Mehasia was the place of 206 If the main intent is to either
Rav's Yeshivah. bind the dirt or to get rid of bad odors,
203 Head of the Yeshivah of Rav not to produce the pleasant fragrance.
after Rav's death. 207 Musk is of animal, not
204 If the oil is used primarily for vegetable, origin. The statement of
cleaning and it does not matter that it 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 n>>)? ì N ' i r i :t r w t o »
n i S "^Viai ϊ χ " n i > ? n ^ a p iay·) 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 From having to r e c i t e the
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
quotes t h e Mishnah Nedarim 6:3: "He bread would not have been eaten w e r e
who makes a vow not to eat any salted it not for the salted fish.
m i y p ντρ!? Ηϊψ m "injv ovy? -o îwwy :? n s S n
n i * v v n y VNV* tnwi n > > £ n j i n v w j r ç » o i p ) p ? i d>?£>?
i w a n ty -»OiN ΝΓΙ>£> OYÓ n>*p-»> >2Τ . Η Ί 2 H ï *lp>>> n>>>s)n
nçai 1? l i y p w o w a - p n > p >?-» .iqa
nis p w i y οίρρα .->p>y W p v y n n i s p w i v w o i p > ? 5 w p y n
Halakhah 7: Rebbi Samuel bar Nahman in the name of Rebbi

210
Jonathan : The Mishnah was from before they learned royal meals and
HALAK.HAH 8 503
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 Hence, for the Babli (44a) it no kutah". The authorities involved here
longer applies. are all Babylonian.
212 Again, "Rebbi" is scribal error. 214 An u n i d e n t i f i e d w o r d . [Pne
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 Mosheh
morsels here a r e not eaten as morsels, (Ben Habib) identifies seqizmi as kinds
but a r e collected and milk is p o u r e d of fruit.]
over them; the whole is l e f t standing
13*! m : m r j - n p o>3in-n o > i j y i d o n ^ I :n mv»
to1?* i n i N *o>j?y v ï y V V P ΓΙΠΝ r m a o n p i N o'nani
-»nix o>o n ^ w n .jiìd-J? ν ^ ψ v ^ ïïl}>? 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. He was old enough to have

Fruits" t h a t has not b e e n m a d e into served as a priest in the Temple before
15
bread; see note . its d e s t r u c t i o n . T h e t e x t of the
216 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 the next two 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.
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 of bread. 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 He drinks water f o r itself and 220 Some Mishnah manuscripts have
not to accompany or wash down food. here the full text of the minor
219 Probably the Greek name benediction after food.
π3>ν^ι ϊψ nn-rtp} toN 221N>yvin ran ow? >Nin >3*1 ή»>ρ >?-> :n
w i n ·)» ν? ι ο ι η I T 1 3 N3N .τη.α> rn*ii>oa Ναι
i n v i JPPí» ïï1"!? Dipi? m ? ? N 1?ì in*
.rp^y rp.?>? τη? nriia n>m> n > i m r p a t v ì ? ? ì y m .oipp Nirrç» rçj?
>3"!3 ηψνο .i>pnn") l i o n π1»"»? ov? POS»? nni

-]-u>? n>n nriia n w n>am ty ia? ìiypy!? π^ψη πψνψ î W V
·)η*ΐ> Ν Ι Ο Νΐ τ >ρη u o í n í rpty
HALAKHAH 8 505
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 Reading of the Rome manu- However, one has to assume that one
script. 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 Israeli Amora of the second expensive glass bottles. The amphoras
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 Benediction on g e t t i n g good
wine should r e q u i r e a b e n e d i c t i o n news.
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 o>» n i i w n

1 _
'O nîivyn yinN >21 i o n .in ? n o * Νΐηψ o>o !?d>i >oi> >n*i -ion .onjrr
506 CHAPTER SIX
D>
JVN .D>-»)77 >0 >3ΓΙ » i f l JVN .DÍNIST ΗΎ}ψ ^ " Ι ^ "ÌRT
noi . r n n n JIN m i ? V T ι η ψ o n ^ i >p INÇ .O'>{3*T »ari >>MI
.Ό^ρτη pan ·)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 water", other
Tannaim state "deqalim waters". He who said deqarim (pick-axe) waters,
because they pierce the gall bladder. 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 The fact that a benediction is
229 If somebody d r i n k s m e d i c i n a l 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 Compare Latin dec.alicator "hard
medicinal waters. If he drinks water drinker" , one who is able to empty a
not f o r his thirst (in the language of calix, a goblet, at one draught (E. G.).
' y a w p n s ìVsxw nwVw
1ÌWN-) -»WVB'1 Vîï'O "DK? *
Ji?î3 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 in the Torah but in
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 be
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. This
Mishnah 3. maäser again is s u b j e c t to a 10%
2 Newly harvested produce is subject terumah of the tithe to be given to the
to several obligatory gifts and tithes. Cohen. The remainder of this first
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.
terumah must be eaten by a Cohen's However, consumption by a non-Cohen

508 CHAPTER SEVEN
of any food containing still terumah Yerushalmi.

(and of impure terumah by a Cohen) is 4 T h e second t i t h e r e m a i n s t h e
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, observant and be redeemed and the proceeds taken to
nonobservant alike, did separate Jerusalem and spent t h e r e f o r f o o d .
terumah a n d g i v e it to a Cohen. Second t i t h e t h a t was r e d e e m e d is
However, the first tithe was not given normal food permitted to everybody.
by a substantial minority of uneducated 5 This is food from an animal not of
and n o n o b s e r v a n t . Since untithed the kind t h a t may be s a c r i f i c e d , or
produce still contains the terumah 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. These g i f t s a r e then
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 the
least t h e terumah of the tithe for Temple. A f t e r the sale, t h e f o o d is
produce bought from unreliable profane, for everybody to eat. Also, an
sources. S i n c e a m a j o r i t y of 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 then
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; t h e rules u n d e r w h i c h manner.
demai has to be given a r e spelled out 6 Nobody may recite Grace who did
in a s e p a r a t e T r a c t a t e . In any case, not eat at least food of the volume of
since any person might give away all an a v e r a g e o l i v e . The waiter is
his property and then become poor and acceptable even though he did not sit
eat demai w i t h o u t tithing, demai is down with the guests he served.
potentially permitted food f o r every- 7 The descendants of t h e p e o p l e
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 reciting Assyria (2Kings 17) who accepted the
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

HALAKHAH 1 509
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 Outside of Jerusalem. blasphemy.
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 is a deadly sin; hence, we give praise.
v?>>n ndi N?n H r o ï n ( f o i . iia)
Vlî , η ί υ ? i n * >N"¡ n ^ n j p a i n * ' Ν , η ί ο ? I N ? n ^ n ^ a I N ? "V?N
Nj-jm « n a I Ç N τ η 1?*iíon
. • p o a i n * irib>?Ni n m . 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 They are required to recite Grace
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 . ] The 15 They are no longer allowed to eat
Yerushalmi is discussed at length by each one for himself.
Tosaphot Berakhot 45a and Talmid 16 They must recite Grace together;
Rabbenu Jonah, Rosh on Mishnah 5. if one of them finishes early he is not
12 The two Mishnayot seem to say allowed to recite Grace for himself and
the same thing, so one of them would then leave.
be superfluous.
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 ,νό> >ai >nip n y w >3"! η ι ρ Ν ηινή
•linyi? o j i m i n i .pnvi? ndíii ijai 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 ìnvavi
•VT I j n V N w w ο>3ψ Ì ^ 3 N v i > ? N i i n > n . n wpï 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 . Rebbi
Z e ï r a said this b e f o r e R e b b i Y a s a . 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 . T h e rabbis of

18
here stick b y their o p i n i o n , t h e rabbis of t h e r e 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\ in Babli Sanhédrin (5b/6a)
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 Babylonia. The disagreement different local traditions.
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 ai
u - π n>riyT ï y . n r n n n v ï y n iNaw ini ί ο ν n t o o a i ^"ÎJW!
N3in a i l N7D by r o v >31 nnN? nyby ini 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 vìy
N v y t ^ T T r p r i y i by .nibnn iwp w w ini d?N N i p n a i .ina n ^ n
, η ? ΐ 3 » a i w V " P « > V * "VP'ìi V N . J i n N S i J W b y ) b>3yrrç> IDI n > r n i a o ì

HALAKHAH1 511
ρ ^ η η yari p - o r n » 3 . p i - o n o > \ ? n V?>?1 n s i o ? 1 3 3 1 l i n o l}?fi
ine . m T > w ? ·)3>ο n i n a ΗΏ . n ^ i o a o > n a v ? iiúa^n ρ jin
n i p p a ο>>ψο ρΐ"οη o>p n o 13 ρ η ? ? >3") n > n n .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 . As we h a v e s t a t e d
(Mishnah Sukkah 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. May
one sleep under that 2 7 ? 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. But if t h r e e
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 At one table (or on one group of 22 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 Every one of the t h r e e was 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
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 the

of v. While his Israeli name appears in previous comparison of t h e rules of
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 From the start. (In the Babli, 50a, materials that cannot become ritually
this is the opinion of Samuel, but here unclean). T h e b r a n c h e s or other
it is the opinion only of the rabbis in material must be arranged so that there
Israel). C o n n e c t e d w i t h this is t h e is more s h a d o w than sun i n s i d e t h e
Tosephla (Berakhot 5:23, cf. end of sukkah. 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 cannot be used to
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 The place, less t h a n two
own provisions. In c o n t r a s t to t h e hand-breadths wide, under which there
Babli, the Yerushalmi never entertains is more sun than shadow. Instead of
the thought that for common Grace one sleeping, the question could have been
would have to lie down on couches. asked about eating.
24 Used f o r cleansing a person or 28 An Israeli Amora of the fourth
utensils i m p u r e by c o n t a c t w i t h a 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 A ritual bath can be used f o r
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
M i s h n a h Parah). 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 to the older that is so moist that it can be poured
authorities by Rebbi Jonah. from a bucket (Mishnah Miqwaöt 7:1).
25 This proof t h a t one r e q u i r e s The complete argument is in
logical consistency even in fields that Yerushalmi Sukkah 1:10, Babli Sukkah
a r e rather r e m o t e f r o m each other is 19a.
HALAKHAH 1 112
D3WN1 n ^ a :p3> -ION a i ib ι>>> ·)ηη i n i * vipai nnND ηψ^ψ
>3-ι " 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. io>)K
.lìonn na-p? η ψ ^ ψ ο>3ψ io>>? κη>3η>3 ν π ί ηψν) a n a>nn
*1)5>η VN >35 >33)3 713iWiO v o n J1?-jl -»>5>ΓΙ VIS

> ? > jjiN n>> .n>o«iT) ι ί ο π -»?>n v n n ^ î ? ^ D ni* ì^n w
a t o n .a>v>i?ni a i o n - 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?> a>p«nì i r n p ) ι Ο ψ

« n p i a i r i v a l i n>5N"¡ rnin c o p r i i ι ί υ η "ion >3"H
Λ
.^l^n naia w y w n ïy b i n ni* ^ n it 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. What is the first
benediction? 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, then you must praise, that is the
benediction of invitation; the Eternal, 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 After Rav's death. neither of them knows how to r e c i t e

31 T h e first benediction of G r a c e t h e e n t i r e G r a c e but e a c h of t h e m
when recited without "invitation". 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 by pronouncing the
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". The numbers
only about how much he has to recite are important to show that we require
aloud, whether only the "invitation" or one person to recite 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. [If all t h r e e r e c i t e Grace split one benediction a m o n g s e v e r a l
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 The fourth benediction according
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 prayer diction to include "He Who feeds all."
books for everyone.] 34 Between the f i r s t t h r e e bene-
32 It is generally agreed that nana dictions that are Torah obligations and
•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 It says "fixed", not "instituted" as
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 , the
HALAKHAH 1 515
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 in t h e a u t h o r ' s The God as Creator of the physical world.
Scholar's Haggadah ( 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. 10:34) " t h e L e b a n o n w i l l f a l l
rian's lifetime. It is not known which through a p o w e r f u l one" (Babli Gittin
of his successors gave permission to 56b; Yerushalmi sources: Abot deR.
bury the dead. We may assume that it Nathan 4, Midrash Ekha rabba 1).
was the same emperor who permitted
ηα aìJì^ η© .nnoN} non? r n i n i inns n o n ? r n ù r ç 3ÌJO
VN") η η η κ ! ρ r m ? y u n i n ' i r ? . w n ^ N ^ ! ? f i ì i n n ί ο ρ κ >> o y ) r ?
JIN ·)ΓΙ>> i^jjpì .Tonai r i v i v i a'TP n o .via!? u r o

ì n j v >a*ì o w n vom ti >3*i n ^ "»ìONn UNÌ n p η * ? ι ι η κ η
oy> V33> n?*)? n n i n i ow n o ,ηιψ o v o w N>jpN
o w <)n nDni ptjpa ow noi n ^ - u "iwm
>3*1 >3-»? n 3 > p v >3">? ή - » ? i)i . n n n N > η ? Ί 3 mrir»3
n a n ? - p y o ΐ>Νψ l i m o n n ç ìq ^ η ^ Ψ ow3 ijnv
mìyvp Nnîw VI w n .noo> rD-u roiy\? Ν>ηψ n-jiri ιηηΝ> rm? lìyo
n o n ? n j w ? ηί>Νψ n n i n o n . n o lit»? .nnin ή τ ? l y nnnN!p η:ρτ3
·)>! ù > n . ì n r Q N > n o n ? " p y o Niny» l i t o ,n>?3> n ^ n ? m i y o nnnN>
nriN nnçn γιν rp.3> Nin >3 -»on ί™ >3-)·) pn^> r n n^-jn ^ y o w
ΓΙΝ t|*ì3ì * γιν o ^ i a y i ->»ÌN ira >3-1 . o w n p n ρ

-»niN >3-ì ,n>?N Η)>φ l y .q>)3>» n ^ i qpn^ » η ρ Nin >γιο>ν nisi
h^ Νΐηψ nvv? yn^) ny\p3 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

40
For Torah 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
HALAKHAH1 m
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 In general, it is assumed in t h e r u l e s of 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. Hence, one n e e d s a
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 Logical
versa. The derivation h e r e does not problems in Jewish 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. The rules a r e discussed in the
formality in case the verse is used to m e d i e v a l texts Introduction to the
give a biblical base to an old tradition. Talmud by R. Samuel Hanaggid and
42 Who is an exponent of intensional Sefer Keritut of R. Simson of Sens.
interpretation, w h e r e a s R. Ismael is an 43 mini Vp, the first rule of R. Ismael.
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 his "13 rules" given in the stringent than the corresponding rule
introduction to the halakhic Midrash for B, then a rule expressed for A that
Sifra on Leviticus. T h e p r o b l e m of has no equivalent for Β is valid also for
518 C H A P T E R SEVEN
Β. The Babli (21a) quotes the water and I will remove sickness from
following qal wahomer in the name of 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 Babli (in particular, in 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". H o w e v e r , the Bible
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
Mekhilta (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." 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 In the Babli and the Mekhilta, this a f t e r w a r d s one may speak o n l y of
appears in the name of Rebbi Isaac. nourishment and sustenance.
46 The f u l l verse seems to read: 47 In the Babli and the Mekhilta this
"You shall serve the Eternal, your God, is a inim bp of Rebbi Ismael.
then He will bless your bread and your
.lit? - n a v ηρ nvnj? ν ϊ ψ (foi. ι ib) » y ? l o i y t >31
> 3 ? ? n n ί η μ ν >393 n n i n s y >333 rrç toDNy n y ^ y ? în .nnND
.rowN-i r o n ? -ni>? i w i o n .ΪΙΠΝ? ηψ^ψ? l i v o r i pis .insy
yonnyri pis .-»î^V-^ >ys>pçin·) . r o i - ι η Ν γ ο * ι 3 innNçn
1ÏP3N rrç) n o i n w >333 n * ftpnv πψ^γό
n*iinn r o - a n p b "ta ^ w n y in ν .v-jnN>i V33> ni?»
.τρί» iD^y V3> Issisi ON") . 0 > 3 - ì > N ^ t f l i t j p n J15")3)3
nn .rnin ï y r í t a n n o s - ΐ Ν ψ ? n i N ^ y > o v >3-17 η η κ n n in r n inN
.nD"ja r i v i v o w i n πύιν\ρ r i i ^ n n - ^ ινΨ
R e b b i Z e ï r a asked: 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
them? 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
HALAKHAH1 519
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 any
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: They
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 . 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 practice. Since his
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 . Both
they a r e c o m p a r a b l e . In t h e Babli the preceding paragraph and R. Zeira's
Megillah 21b t h e r e is a bardita: "(In question presuppose that private Torah
r e a d i n g t h e T o r a h ) he w h o starts reading requires benedictions b e f o r e
recites the benediction b e f o r e and he and after, cf. d'ibid rooa Chap. 13 and
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 . This "today" may be long 49 Text of the parallel in Megillah
a f t e r t h e w o r k on t h e 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 Babylonian pnnn for ρτηπ.
practice; we do not know of any direct 50 R. Samuel ben Eudaimon seems to
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
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 Most commandments need only a
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 . The prayer execution. 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 over
reading of Pentateuch, Prophets, and commandments. T h e quote f o r bene-
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 the
reading the Bible, not oral Torah study. reading, Deut. 32:3, is clearly addressed
51 An Amora of the fourth 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
generation who is never mentioned in applicable to private study.
.V?Pî>? i3(3ri>3 p a o uprpD p a o im>a r n m Ν-ΤΓ) ΛΝΚ>7 I O N
> O N n > o y i v i >ΝΚΠΠ ï y nyî np->i η η κ " p y p w >a->
IN 1 ? 1ΓΙΝ1 .V^V 1>?)3Î>? >T11D N"T Γ Π ρ Ν N I » ! Vn
l i y p w 13"Î . > 3 1 n a l >jiîd n o i I » D N I N >3η n m .KID p a o
.Ί2-1-Ϊ3Ϊ
• τ τ : ·· τ : · s
>J1Ì3 l O Í N !7ÍOÍ?»Í 13
· · · • - » · , ·
"If o n e a t e demay,"53 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, 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
houses56. 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 Quote from the Mishnah. 55 He is not otherwise mentioned in

54 Food of which terumah and 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 is
guilt brought through the door of the house
HALAKHAH 2 521
(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 Which part of the Mishnah does
the rules and ate only produce that was speak to our problem?
in order; only because of the severity 58 Since Samaritans do not follow
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 R e f e r r i n g to t h e o p i n i o n of
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; for him the Mishnah simply
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 ,·)η>>ν V W V ? V!< o > 3 \ ? p i o m y i o>v)3 : i n j v e
.ns>3D
T ..
I V«fc " ì o ì n r mτ n >
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 That the total food consumed by
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 VP"?!?"!»? V * .ΓΠ τ ψί£ ÍJ1ÍN y\tfÌV

1
ο>?υρ η > 13 > 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 ^ .pnît»? π η r n t y y ? W W ΓΙ^ΨΓΙ >oi> DV>I
H a l a k h a h 2: 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: O n e m a k e s a m i n o r an
appendix for ten62. But did w e not state: O n e d o e s not i n v e s t i g a t e a
minor63? 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. He transmits sayings of
"let us praise Him of Whose bounty we Rebbi only.
ate" whereas for ten it is "let us praise 63 One version of the full bar ait a is
our God of Whose bounty we ate". The quoted in Babli 47b: "A minor who
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".) In the Babli a minor." 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

HALAKHAH 2 523
emphatically disagrees with the Babli, one does not investigate but that the
cf. Tosephta Kifshutah, ad loc. boy should not look too young.
64 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 whether he started
Yose said, one confirms Rebbi Simon in g r o w i n g p u b i c hair. The sentence
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 Tosephta needs ten adult males, such as public
implies that if a boy is on the prayer and Torah reading, but not of
threshhold of manhood (bar 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 usually
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. The implication h e r e is years.)
t h a t if o n e has a boy w h o looks 67 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 1 3 i p y ? >an - i o n n y n a »3*1
.nyiy'y η>3θ ì j i ì n v ^ i v ί ο π η κ ->ni . r n ^ y ^ i n i * V ^ V 1VR
o w n HIS ν κ ψ IN? T ? P i r n n v v w o w n ny V T ^ o y 1 9 5 rin
o w n JIN 0>*V?iN Î7Û 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 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
a fortiori\ 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. The original corrected differently.
r m n > an"! N3in i i *v?n n î u n .«pit? iniN v v n v >ri)p>N£
1 Ç N ΪΟ*ίΠί ΝίΪΙψ H D "MON *ΤΠ OW? 1 ί Π > η ^
>?-» o y ÍDSD N t o >3-1 ΝΊΠ >O>
»riy> 'ΓίΝηηψ m ^ v?©^ n!?i n n o " p ' p -»5 oyi n s n nqôti
.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 .

HALAKHAH 2 521
73 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'.
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 ? "»3 ^ » ψ

1
~ \ q h p*ì> o»riv>i n a V3PÌJ? ID ? i o n ,pn> - r n w n a n j / ψ π .n£>v>
n$n>p >a-> .ί>3)3ΐ)ρ n o N p-i> η ψ ^ ν ή n s n ^ v y V i P W lV?
Η1? >> >> ποΛΧΗ Ί^ΓΙ N W I TÍ? N v y t "V3ïf 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 invocation of the Name.

as the ideal teacher in the Babli. For 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 males
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 Nine are required to recite Grace. q u a l i f i e d m a j o r i t y and seven is t h e
The tenth is only required to recite the minimal number for reciting the
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
526 CHAPTER SEVEN
. 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 *v?>f . N ? b p >N3> >33 n j w .nri? i n b n s p N b ο>ν*ρπί n N P i .nri?
I P N i > 3 TIN i n > NbìS 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 .pIVl
n o - n a τ η N?n nirn P * v n 3 γρ> m p N p b ? N IP ·*Φ?Ρ
n b y n>b Ή Ρ Ν . N i i i y lib >3ri . n p p i r j p b > p ρρίρ -»pyi n i n i
n P b n>> n p N ,Ν3Ί3>Ρ> ND>P p i η>ΓΡ1 ΝΓΙΝ1 Nb>p η' 1 ? η > η η n b y
η>π?7 .·>τι>ηίΝ I P n 3 n i 7 3 i p p p 7 3 n " b a N ν!? n>b *v?n: ,>b n » b ? N
η Ρ 7 η > ν ρ ψ n>b 1 P N . J ? p n y nob") n > b *v?n . 7 p ? n b s ? n p ? n b i p >3
N7pi . 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 >iby
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 .NJipbPì
b?Nv> p t p n b y 7 1 3 3 i p ì n o ? n o ? . 7 n ; p b 7 n o ? n>b ιηη ·ίρΝ
b y "1PN3 n p i n > b - > p n î^n p i ? -ry n > b " i p n . i n > n r ) i >N3>
by 7 i n ? i p ì .b?Ni n>b m n > .bìD>>7 n>b ρ η η i p N ,u>?n p ^ n
n>P7> i n ìivpv) >n-i by v p > i n ìDni> >ηη n p N ΐ3>?Νψ l i t p n
,n>p7> >n-»7 n>jiv?'y> n û > o p .η»3ψη b y i o n NnN >n*i . n j W N - i n b y ί ρ ν
n>b n o ^ s t i n i j n n ? n>b in .n>b n o > w ? n ? i .n>b n ? n í i o j i n
b ? N Nb\{> >3 b y «in i n p y b p N i n y > n n b y >335 .bN^bpa 13 í i y p w ")ni.?
í > n D b i v b i j n v >nn o w n ν π ν ->n n p y ? n i .D>p?o V ? p í p ι>7 η>ξ?
nn'3rip .")>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? Rebbi
Jeremiah seems to contradict himself 7 8 ! It has been stated: 300 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

HALAKHAH 2 527
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. 6). Most of 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
nezirim 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 ,
the Temple. Parthia). It may be assumed that the
80 President of the Synhedrion in the delegation brought the yearly subsidy
times of the Hasmonean king and, t h e r e f o r e , was in a position to
Alexander Y a n n a i a n d b r o t h e r of enforce their will.
queen Shlomzion (Salome Alexandra). 84 That it was s a f e and n o t h i n g
81 An "opening of r e g r e t s " , an would happen to him. In t h e Babli, it
argument that made the nazir regret was the queen, Simeon's sister, who
HALAKHAH 3 529
arranged matters. Babli cannot be used for the text of the

85 Wisdom and money are equivalent Yerushalmi.]
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
86 This verse cannot be 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 In t h e M i d r a s h , t h e Rome
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. T h e second and Nazir 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. It
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 is the
remiah to the second, is in the one given in t h e T o s e p h t a and R.
Yerushalmi source Midrash 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 In the restrictive spirit of t h e
that Grace cannot be recited by some- Yerushalmi as explained earlier.
one who did not eat bread. But t h e
i p i N Νίτη "v?ìn π ψ ^ γ ά *ts>? îm>»(foi. lia)
r n y y -τη* .ÎD-U "»öiN NIDI r n ^ i i a -pa;> rnyyj
. m SIT
a - »··n i N N i n i r i N oa
* ·• :
. w n ^ Nf . i n a i I O Ì N ΠΝΚΟ
- · » · · • ! τ ·•
. N i a i - wr y^ ΤΠΝΊ
τ r :
530 CHAPTER SEVEN
Nia·)? .13*·$ -ÌOÌN N i n i l " ? 1 ^ ^ í f iy<

? l ì ? } -U?ÍN
prçin ì y ο > α ί ΐ ? η níNian !?ίατν>? 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

iy
.^ÍOVf/? V p m 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 It will be clear in the Halakhah
ate". that the difference between the Sages
92 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
himself. means "assemblies", i. e., d i f f e r e n t
93 This is the majority opinion; the assemblies recite different praises, or
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

HALAKHAH 3 531
tC? n ) 3 b i 1 3 N » n > 3 7 n>> .ι:η3 77.3} n&Nì IT?1»
V 3 7~>3? ι η κ ψ "pa .->173 Vî?7î?7>? VN Ρ Γηηκ
ϊ χ íjiín V?lî?i3n") . 7 ? ty i n i N V P ? ^ (foi. l i e ) v n 1 3 7 3 " i ç n v
N3 1 3 >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 r e q u i r e that h e start with rushalmi s e e m s to a c c e p t Samuel's
"praise!". statement (also Babli 49b) at face value
96 Tosephta Berakhot 5:18, Babli 50a. that "praise!" s h o u l d not b e used in
97 The reading of the Arukh is ρ Ί ρ : practice.
n n r n i n n 11373 n n τ α » τ ρ π . t ^ s n ·)» m w s i n >í>n - » ç n ï>ni»v>
NViiö Ì)>N ΝΊΠ «IN 77i2)?n 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 CHAPTER SEVEN
98 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 It is e x p l a i n e d in t h e n e x t follow Rebbi Aqiba. It seems that R.
Mishnah that the benediction for 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 . n - p j k >jpip nir¡ Ni>pt nsn >ri

100
by rp^)? >3JH .πηη ΓΙΝ^ ^rrj n > > *V?NÍ .:yna
η TV
- :
I Oτ N I Ν Γτ Ο: n>Î7 I O- N
-s -
. n o• m a i n uτ n s - ! »τ *
i· ' m·· τ o: ύ ' Ν ΐ OÌDI: τ
1
•ΊΏΝ? "ΐπνι 1|> Ρ .nnDnni >7? N¡??O > n v i
Ρ ^pìwn-! ρ ο ^ ο η ρ m T 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 . He
a n s w e r e d him: 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.

HALAKHAH 3 533
100 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 but is valid f o r a l l
101 Since he cannot e x p e c t to get obligations that may be f u l f i l l e d by
another cup, he cannot have the 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 The word means usually "absent-
waiter will always have occasion to eat minded" but can also mean "practicing"
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 primary
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
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 can
quotes an opinion of the Galilean R. anyone who h e a r s him. But in our
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 is t h a t in h e a r i n g a
mentioned here one has to c o n c l u d e benediction one must answer "Amen" in
that the Yerushalmi rejects the order to make sure that the listener is
distinction made in the Babli. not a b s e n t - m i n d e d either. This
102 All c o m m e n t a t o r s e x c e p t R. explains the placing of this paragraph
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
τ τ i
-iwy 5
τ" .·
7ΠΝ
τ ν
iniNWτ >03 nD^n
ΤΤ-:
ΊΟΝ
- τ
Ν τΠτ .Nia-» -ivy
?
*τηιο
» ν :
-ι\¿>y
? *
i nτ nr
.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 CHAPTER SEVEN
105 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 the statement in the
as Rebbi (!) Abba bar Josef [in the Yerushalmi indicates a rabbinic ruling.
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 ι η κ ί ψ m y rin . r n y ϊ ? π >
ϊΗΊψ·> ->3?. ι κ ί ι > ι - ρ η ^m» l i n I N ? Ι Ώ Ν ? "pn'p >?"> DON
>an n>> . r r j ^ y i n ? <)n . r n ^ y -ti»Nn ηίη n o . o > N a n rjiJi?
B Ï O Y » > Î I I N ? ->)?NÌ3 N ^ ,γ»>Ν YAO Η>>> TIN *PN» ON >? LIA >A-> >3
r n y y IN? I N . r n y y 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
106 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 In particular, in Lev. 22:32, "in

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
children of Israel." The same gezerah shawah, between this verse and
discussion is r e p o r t e d Megillah 4:4, the one from Genesis. The latter verse
Sanhédrin 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). From t h e
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 there was a
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.
107 "Here" r e f e r s to Lev. 19:2, Simon is forced to quote a verse that in
"there" to Num. 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 same assembly. R. Hanina notes that in
the plural "assemblies" points 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 hapax
to d i f f e r e n t stages of the same as- legomenon. The parallel Babli (50a)
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. 32:25/26 (composed several attributed to Rabban Gamliel in Yeru-
centuries a f t e r the conclusion of the 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
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.
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 n a ï n (foi. lie)

.7u>pi» » a i ? J ' n ^ .n>iì£)-)N α ϊ -içn ηυιρ^ιψ'η v v ? H ^ P D ION
1
VV? » ·ν"!0ΐ<!?ί n>33> *n>nì o i p p s iflb > i p p o p io T >y\
pj>n? 1WN p i 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 .
HALAKHAH 4 537
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 .
111 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.)
It seems that Rav, when he returned 112 This second story d e a l s w i t h
to Babylonia f r o m his s t u d i e s in another subject. The original practice,

Galilee, followed the Galilean order of as spelled out in the Mishnah Megillah
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 benediction
followed the minhag Eretz Israel 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. Here, R e b b i Z e ï r a had
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. Rav had to e x p l a i n to his second time to read and he started by
students that this way also is 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 common Galilee. T h e a c t i o n of R. Z e ï r a ,
practice was settled only three therefore, reflects the practice of the
generations a f t e r Rav. (The Rome ms.
Yeshivah of Nahardea.
has "Rav Ada" instead of "Rav". Since
538 CHAPTER SEVEN
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.to 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,
HALAKHAH 5 539
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 The same expression is used by
114 The parallel is in Megillah 3:8; 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 Great Assembly, and the statement is attributed to R. Eleazar.
observation of R. Joshua ben Levi is
p i n y a * i t n>> v n ^ - i ·)3>ν n n > p rrçôîrçj :n m v e (foi. ι la)
. o n v y y ιη>ψ V P ^ r o IJ>N r n ^ y i . r n y y -r:y v p ò n ? n y w nôo
M i s h n a h 5: 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 Name.
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.
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. Later commentators the verse Deut. 8:10 cannot be a reason
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 .vâi n s ^ N .íjiín m n n o

. i n i N ΐ η η η © ">>3\n H b on") >niN>?n " i ^ D Î ? îp"!* "Wio
ON") y r n o n ν ν » rjns n s w n lia? η ο ί η ta IW-^?!
.ìjiìn m n n n 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
HALAKHAH 5 541
Grace, one does not m a k e him repeat. reading. 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 Babli have "Rav" instead of that he did not mention the day.
"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 13Π
V i p n i V?"!i?>P . u p - i a i n ? ΗΪΪ .ρρ-α lwnP^N ">tD
>3-η N 3 i n Dw? N3 r n ρ -ION Ν1? . Ν π ι ψ ΐ ΐηρψ^-τ
ΠΠ15)? 1Γ13 -»yçf -IOÌN ty ΤΡ^π Γ Ο ψ l " ì O W 3 D I 10)ϋ Γ Ρ ρ η ?
•invi ü ' p n 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. After
t h e y had e a t e n and recited Grace he g o t up and left. W h e n h e returned,
he f o u n d t h e m reciting Grace. 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: If he f o r g o t t o

122
m e n t i o n the Sabbath, h e says: H e 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 »'on "he moved away", appears
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 >3 ty η κ rpyja ν ? > 0 ) ? ^ π ψ O*TN η η ψ ν "»ari
*Tnw >3 IN ìayp .ΊΟ**»!? rpnjp *τπί*") " τ η κ Ί ? ?
.Njrnia:? N n a r £ >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 recited in common in the opinion of the
42a and Tosephta Berakhot 5:23. In Babli.
both these texts, the second sentence 126 It is assumed that everybody
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. The casual rather than planned. 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 r o v e (foi l i a )
i n } on·} ,·ρ»η!? Ρ ? " ! ] ? ? » ϊ ^ ν n.n
η : π o>5 tain} "|Γΐ»ψ iv p » n ïy V?"i¡?>? W l ·")>??*!> V P P Ì P
D>"!>?ÌN D>ODC)ì
HALAKHAH 6 543
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<yW 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. T h e p r o b l e m of another they can join in saying G r a c e .
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 Ba-
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!)
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 13V TIN ΓΙ30 W W V^H
c p p i o n>?i T 3 >a"! VN °Ni to'* to'N
."P^N b y j ty l o w ΝίΓη N ^ m O 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 The meals in the Yeshivah were
place is so noisy that one could not taken in two adjacent rooms. A similar
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 . N i r r ç r î r ç o > » iDiri> i r i i i Ν ΐ η ψ r o ñ a ©toa
Ν 0 3 o y o r r ç v >3*yj ,D3i> >3"HN n j > > 9 n o i > >317 N t f ? > » .Nyn>î?7
10>>v 13VV ν ρ ψ η η π ί ν / η >arim ot N i m -in>ri VN 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

HALAKHAH 6 545
"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 The last two statements are also
132 Rebbi Jonah tasted from the cup in the Babli ( N i d d a h 17a); t h e bardita
for Qiddush of Friday evening, then is very close to the text in Derekh Erez
left the rest standing in t h e cup and Rabba, C h a p t e r 11. Both of t h e s e
" r e p a i r e d " it t h e n e x t m o r n i n g by sources give a list of things that a r 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 R.
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.
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 un
•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 .rp*u by oíd?
. i s V3>y i r i m » ryn*·; ,n$\p ΐ η > ψ η ρ n n i a ? (foi. l i d ) r n unny

134
Rebbi J e r e m i a h in the name of Rebbi Yohanan: 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. You
135
infer that one must hold the cup with his right hand , 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 right hand.

Babli (51a) is in the name of R. Hiyya 136 For a lesser height than a hand-
bar A b b a . T h e i n f e r e n c e s a r e not 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 O t h e r w i s e , it w o u l d not b e
135 If the left hand only is required necessary to lift the cup during recital
to help, the main action is done by the of the benedictions.
. r m o i .*Y»v»y TO*U o b ? vijpïo o > * m η ^ ψ κ η κ >a->
pan ,->ÌV»V V3V ·Λ τι™ pitrça V ^ y i
o> ·))3γι a>ji3 η*? ρ njv'wy o n ϊο>5Γ) r n .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 .
138 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. This second inter-
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.
HALAKHAH 6 547
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. Hence, the
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 .10313 .V^ V * OW3 0 Ì 3 ION
iniyo"! ta κη>ψ Τ Ί * ) 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 have been to derive the necessity of a
exactly what Rebbi Eleazar said. 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 the cup should not be does not have enough wine for Qiddush
"damaged" is that it must contain a 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 for the
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 a b o u t Havdalah a f t e r the of topics here does not e x c l u d e that
Sabbath. The parallel argument would this also is the Yerushalmi reasoning.
ηψπρ nia?!? o - r i p o i » n * m ? τ τ ν o v o r i >?•) i ç n
ν π ν -»3 n p v ? a w ? n p v r n o v n T i n ? ι τ η >N , o i » n ηριίρ
•ì??n n ? N * m a i o w ? η υ ν -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. T h e Qiddush of t h e n i g h t t a k e s p r e c e d e n c e
o v e r the Qiddush of the day. 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 This means that the primary the benediction over wine only,
obligation of reciting Qiddush is in the without any additions, over a specially
night. The obligation of honoring the dedicated c u p of w i n e . This is
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," confirming a Yerushalmi
over b r e a d . T h e honor of t h e day, practice.
Ma >3-1 . i n i N Ί Ό ^ ί η > p N 2 Π313Π - ρ " Ι β η ΐ >ÌOn 1 3 >3-1
. i n i * w!?p"j η ' ο β η " ) a i o n ? Ί>Η ί ο -α Ν»η 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 Abba, son of

145
Rebbi H i y y a bar A b b a , m e n t i o n e d "the true Judge " 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 in an earlier a baraita in the name of Rebbi Aqiba

baraita 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 Babli the Talmud then r e i n t e r p r e t s the
(Sabbath 24a) concurs, but notes that baraita to mean that "the True Judge"
the mention is not obligatory. is inserted in "He Who is good." The
145 The prayer in a house of mour- Yerushalmi here gives a d a t e f o r the
ning. The Babli (Berakhot 46b) quotes re-interpretation.

HALAKHAH 6 549
HV>V 7 0 Ì V Î O i N · 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
Ρ η ψ ν ON íjdín 3^)9 ni?»?1
. v ^ n n o D > o > n y n ì i o s n t g > o?rrç>3 Nny\? n ç .rnyn nìti n n
Rebbi Abba, son of Rebbi Hiyya bar Abba: 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 formal the end of the Chapter; o n e has to s e e
dinner. 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
one 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 but is r e j e c t e d . T h e r e it is 148 T h e angels who s e r v e t h e Di-
declared that one always r e c i t e s G r a c e vine Presence.
sitting upright. T h e r e as h e r e , this is

' r o w p n s ο η τ τ lVx
> N n > 3 .rmyya t ^ n JI>?Ì i>av> o > - m m m v e
ty onpiN n>ni o>»n ty : p i > ? ΊΠΝ") o v n ï y τ ρ α ρ 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 ")>>> Di»n n > : n "prupvo n o :M flsSn
ο - ή ΐ ·ρ»ηψ ι ν : π " p n p y o rin N a ί Ο ψ *TJ? o v n jrçirrî?a a ^ n j p j
. r n n n ro>N η ψ π ρ ι i n n -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 this paragraph is paralleled in Babli
Yerushalmi Pesahim 10:2 ( w i t h a Berakhot 51b and, in l a n g u a g e very
slightly better text). The c o n t e n t of close to the Babli, in T o s e p h t a Bera-

HALAKHAH1 551
khot 5:25. Both Babli and Tosephta add 4 The Sanctification cannot be re-
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 unnecessary nated f o r t h e Sabbath. (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 is
Rabban Gamliel. The Yerushalmi either abundant.)
suppressed the note that was no longer 5 The principle of sacral actions is:
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
(Ex. 20:8): "Remember the Sabbath Day sources are: Yoma 2:3, Seqalim 8:6,
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. T h e laws of Qiddush 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 Scholar's may also be used for Havdalah.
Haggadah, pp. 209-227.
n>:n oto? , ο ι ή ρ )>»n î t o ^ n · ) i?> l D ^ y noi> >:n ion
no-ii nbîN i?>Nin i n d i . n ì i » ^ P?> ο ν π r i y n p y ηϊη >νοψ
rrçmpi v i n Hïy τ ρ : π "pnpyo oto? rnip i»>
, ο - ή ρ i>»n n n n r i π ^ ο ν · } · ν τ η p»ri·) b > N i n p i .m T >*rn π ϊ > ν
nú·} linpiio oto? .npiip rtopN 1»P?V> H . ? ? » ?
!7>Nin .i>»n N I m ovn n^np? nrnî Hïy 'növ
ï ï n η > 2 τ "ρτυρνυ o t o ? .η>ρ·ρρ r t o p N Ηϊψ n ^ n o ? npnriDi
οηή ι>»η V N I v o i .-»»ΝΓΙΨ ο ν η nvmp> 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 Havdalah
before the wine came, Havdalah has precedence. 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 Hence, the problem is undecided

the end of Sabbath. The obligation of and both practices, that of R. Yose and
reciting Havdalah starts at the very that of R. Mana, are possible, since the
moment of nightfall. two reasons given by each of the two
9 Havdalah may be recited over any Houses lead to contradictory results if
alcoholic beverage (in the opinion of applied to Havdalah.
the Babli, over any beverage, other
N>n Hi? VVHÎ?)? v w i?> N ^ I ID'W η ι τ η "V?K
-my ρ V>wi -own v ^ ? © '3Ή
.rrçmp o w e "ijw^
HALAKHAH 1 m
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. common in a country may be used for
12 Whereas the Babli (Pesahim 106b) Havdalah. C u r r e n t p r a c t i c e allows
allows one to m a k e Qiddush 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 296(2)).
13 Any alcoholic beverage, including 14 The physical exertion of the walk
low g r a d e beer. The opinion of t h e 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 recited
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 beverage
>33> * u i y nì3>>i ν? WO? ^ Ί ? "i&N
oi> η ι ^ 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 In Babylonia. 'Amidah: "(1) Shield of the Patriarch,

16 For a formal prayer, a kind of (2) He Who revives the d e a d by His
shortened repetition of t h e '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 This is the Israeli formula. The
thus, there is no reason to replace Babylonian one has only "He Who
Qiddush by public prayer. 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.
m v i i v ? ìpiN") r v n . N i ' i y r j i o n m v >>>>3 -»nm j i > : n ty M>yj(?i
"ΙΠΝ> -\r?H Î^N o t a n ÌIIÌN N £ N o y γπ} τνιψ •»>>> r o y n " )
ΡΪΓΙ . D i i p p t ç n o v n by IJWÍ» n n . v b y D!?Î3 ϊ φ ψ φ
i n i N n'pn ο ψ VN") ·)ή)3η ί π ν itf? n s .nid ρ Π3>ν>ρψ3 . ο - ή ρ ο ί » η
HOT)
TT
Ο->3
· :
,RWW>I NSVP
- s ·
NOW
τν
r oτ -o' p: RIMI
τ τ :
N>TW
· ?
>I>
*·:
BY NAτ ION
- τ
.OISN~
ï y :¡*vi> Ji>3 b y ì\yy? " w ? r o i w ù>N ©ton by
,·)'»η b y Π? inN 1 ! o v n b y -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? He should recite Grace
first, after that he makes Qidddush, and only after that he recites the
benediction over the wine.

HALAKHAH1 555
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 1:2) but one may 21 According to the House of
start earlier and continue until Shammai.
nightfall. The Talmud (Babli Pesahim 22 In that situation, the House of
100a, Yerushalmi Pesahim 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. It would seem
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 He might inadvertently drink
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 obligation. agree to apply that Mishnah to it.
m y ? l7?iN) i w v ΓΡΠ *jN>n Γ ο ψ ivn > - m ï y wvq)
•pt)sn Ί Π Ν > ί Γ Ρ 3 £ "»ÇN TIN 1J1ÍN N^N V#ì 'ϊφη ^VP)
ÏU . D l i p l i m n VÏD ^ (fol. 12a) - J - D ' ΓΙΟ ϊνϊψ?)
>3-| ΊΩΗ .ΗΊΤ) I P Γ13>ν>?ψ3 . I D p l i p TÜTON Ί3Π Ο ΐ ί ρ "ΟΠ
ν ^ ι 7V?>njpi Ν>ηψ "ptian r m a ï y ji>iì J i n ìp>p? t O rmn>
- > n m τι>3ψ -on ip>o? n ç ï y .«lio? N>ny r ù ^ n ïy
. o > o y a η ? -inN·) I Ì N O ο η ρ ί Ν n>?ì .-o ">0í<) ο > η ψ ? onpiN
ï y Wi¡> I V ? ."O 1 ? i n N i ο ' α ψ ? n n i N Ν ΐ η ψ ro^r] m i n ' a n i NI-J
ïï? ">ΠΝΊ ν » η ïy π } ? n? ">0*) -puan ^ :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 . Shall he
recite for the light, Havdalah 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 Havdalah.
24 T h e cup of wine t h a t should Berakhot 52a. In both of these sources,

follow Grace and precede Havdalah. the House of Shammai is r e p o r t e d to
25 A f t e r the end of the Sabbath, one r e q u i r e light b e f o r e spices and t h e
has to recite not only Havdalah but 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 Enayim
fire (that was forbidden on the Sabbath points out that the text of the
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 between Galilee 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 Two Babylonians, one an author-
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

HALAKHAH1 557
1 3 WVPj? V ? ì j n i > >3-1 ' N S I » ? J1Vî?> tyV îo ov
>3-> nsip n ^ a n - o y m > p i » a n o w ? -mon K a ->a n ^ a n
Ν Π Ν >a-| "iÇN'T N3>?n >a->7 N i n ? ^ Ν Ι Ο ψ Ι ÍOJIN .ρ*">Γ»2Κ Ν3>3Π
1W>VÌ ^ 1? >a-i o y ó
oîîy w o -»on Nâritpp ,p~ro> - i ç n ."poîpv/n j i n v o > 3 d o
>a*pi a n s ion .»miy I'D >an > n i p n"VJK ^ - > 2 9
>a-pì a i ? rrçaiy PS? p i "|inv
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 . R e b b i Y o h a n a n said
Y Q N H , w i n e , Qiddush, light, Havdalah. H a n a n bar A b b a said in t h e
n a m e o f Rav: W i n e , Qiddush, light, Havdalah, sukkah, time30. Rebbi
Hanina said, N H Y Q 3 1 . 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 T h e V e n i c e t e x t has h e r e a 31 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 He agrees with Rebbi Yohanan highest authority who is given his full
but includes all possibilities that may name, R. Joshua ben Hananiah. It is
be a p p r o p r i a t e for a holiday. The possible that this led to the substitution
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 . However,
This benediction is not recited on the Rashbam (R. Samuel ben Mei'r), in his
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, Qiddush. 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 Wine, light, Havdalah, Qiddush·,
The Venice print of the Yerushalmi has first the full Havdalah and then an ap-
the impossible reading YNHYQ which pended 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 the QNYH, in opposition lo e v e r y b o d y
Yerushalmi. mentioned here.
32 Rashbam quotes "in the name of 35 He puts wine first following R.

Samuel". In the Babli, as m e n t i o n e d 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 R. Yasa (Assi) elsewhere. The
Hananiah." Babylonian R. Zeira inquired f r o m t h e
33 The king is the Sabbath and the Tiberian R. Assi whether the practice
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 the
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.
including the light that belongs to the
γργο
• •
π ιτ π *TDi
- :
,N)>)n
τ · -s
7>:iy
· .
mτn"S ηονντί?
τ · τ
m τn- s 7 3- i n aτ N~ m
.nnriN} w n ? ίΟι ,·)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 Tiberias is below sea level. From
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 Bet Sheän one would ascend.
a l w a y s s p e a k s in t h e n a m e of the
HALAKHAH 2 559
τ ύ ψ η H i n » - ΐ Ν ψ η &·>Η ì i n i > >an ^ ^ N>v»t?l Ν}'?!? ^ " ì l ty
n>> "T5V D Ç .»!??> Η ϊ ψ 13Π ty :j"U>? ND") ,D3D> Ν ^ ψ ty 1">.3>?
Ν^ψ - o n ty ι - ι ι η . r a i s i - o p N "p? it? i j n v >a-»
.jm^n n i n ^ n ρ
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 . 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 Since the light is for celebration recites his benediction ( a f t e r Qiddush)
only; it is extinguished after Havdalah. over the same lights. T h a t does not
The light for Havdalah is p r e f e r a b l y a seem to be r e a s o n a b l e . It may be
torch, but the light for a meal is from a assumed that R. Hanina requires either
lamp. husband or w i f e to r e c i t e the f i r s t
41 On a holiday, one may light a f i r e benediction over light.]
(from an existing one) but one may not 42 For a full meal for which the light
extinguish it. Hence, the light in our is needed.
case is a light for t h e meal, not f o r 43 When the light is really needed
Havdalah, and should precede Qiddush for the food.
irrespective of the order of Qiddush 44 To keep the order wine - (spices) -
and Havdalah. [In current practice, the light - Havdalah as a matter of course.
un vîo Ίηί<ι ο π > > onjpiM η>3 Λ rovo (foi. ι i d )
.CP"Pi? V>V>ù Π3 " W ! i ï ^ n j ^ r i D n p i p o o n p i N 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
Qiddush 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. T h e d e t a i l s and r e a s o n s a r e Caro) Qiddush; in both cases, the cup is
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." Also, u n w a s h e d
impurity are humans, vessels, and food. hands are always assumed to be
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
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 characteristic of Rabbinic
T h e g e n e r a l p r i n c i p l e is t h a t any (pharisaic) Judaism that one tries to eat
transmitted impurity decreases by one one's profane meals in a way
degree. T h e r e is o n e important r e a s o n a b l y consistent w i t h r u l e s of
HALAKHAH 2 561
ritual purity. It seems that the House of the cup will be dry. (For pottery
of Shammai assumes that a "full cup" vessels, other rules apply.)
required for Qiddush is full to the rim, The text of the explanation is from
kept together only by surface tension, 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 ©ton η ί η κ o£iy> J i n 1 ? "|i»i>\? n ç
.ΓΟ*η> rjTOO Hïy
W h a t is the r e a s o n of the H o u s e of Hillel? T h e back of t h e c u p is
always impure 4 7 . 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. If one washes his hands spill.
first and d o e s not dry t h e m v e r y 48 It is not c l e a r w h e t h e r the
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 House of Hillel
n > ? 7 ì >pi> r a - p n > : n N>TIN i j n v ονή lari
>pi> > 3 1 .irninoi i m n o i n i N " v n ö r n i n r i ΐ}>?τπ .-pno
. - q > i n i i i n o ο?ι>> ·ρ τ »Ν
Rebbi V i v a n 4 9 in the n a m e of Rebbi Yohanan: 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." Since
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. T h e Babli ( 5 2 a / b ) 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
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 given in Tosephta Kelim Baba bathra
have an inside and an outside." For 3:9-10: "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? If o n e ' s h a n d s a r e
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. R.
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.) From this is derived a Rabbinic h o l d t h e c u p at t h e rim 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." It follows
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

HALAKHAH 2 563
JI^>V>3>"¡ n ^ n l p i ? liyjpy) >a*) DW? N » n r a - n oyn >an
» q r j N3>?n >oi> >?-> o w ? ì d ^ n .!?>o v j - j n 07N onj
Vn>-)\pO VN V - j n N ^ Ì73N V33> "DON'T

52
Rebbi Y o s e 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 and f o r w a s h i n g one's
hands 5 6 , he has to w a l k 5 7 up to f o u r mil. 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). 56 For any action f o r which the

53 An Israeli Amora of the first washing of one's hands is required.
generation, student of Hizqiah the son 57 If no water is available one has to
of Rebbi Hiyya. wait, e. g., to eat bread, until he has
54 He is Rebbi Hiyya bar Abba. washed his hands. If the distance to
55 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 The Babli (15a) has a different
wash his hands b e f o r e taking it. (All rule, that one has to r e t u r n if t h e
other countries are impure anyhow and distance required is less than one mil.
their hallah must be burned.)
νιγ) ρ ro>ym>? . ^ n n N ! ? ? i r ò i n y j^n n o o > t n - i a i n m n>piw
n o ^ y ni* r o o n y n n ^ n rö r u i p i ι μ ψ ν ηψκη
V N "ÏÇN J j i i o η η ψ ν n > a n Tfinn ηψΝ N i m ,v>>Nn tnçf
V n n p n ρ κ INDI 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 2:3): "A w o m a n

60
m a y sit d o w n n a k e d and separate her hallah 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 hands with sand or other require any retracing of one's steps at
cleansers? all in t h e s e a r c h f o r w a t e r ; it is
60 Since the s e p a r a t i o n of 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 One does not bother him at all
but a man cannot do that. and if there is no water at his place, he
61 And, presumably, has some need not l e a v e it in his s e a r c h f o r
clothes t h e r e t h a t she could put on. water.
ουίνκ-αψ r a i n ή ΐ ο π ι π ν !?ψι r m h · ρ * » η w t y o ? ç >?ri
-o ipv? .p'pQoi Nin n o ,p>pao tow t»oi3 ο » } ψ η ι .ρ»©?©!
jpN) t»v?i3 >ya - i ç n p n s > twiny 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 means "permitted." H o w e v e r , in t h e
Berakhot 5:13. Since t h e M i s h n a h 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 In the language of the Babli, n u n obligation" as shown by S. Lieberman

HALAK.HAH 2 565
['nVwiT 'Jip'n Tarbiz 5 (5694), pp. 97- formal dinner.

110]. T h e same language is found in 66 Washing one's hands a f t e r t h e
the Tosephta, in Tanhuma 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 Most commentators explain this the Babli). In any case, since no ritual
expression from the Mishnah 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 the
for each hand then he has to wash each washing.
hand twice. However, in that case it is 67 Takes water and pours it over his
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 In the parallel in Hallah it reads:
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 also
Trani (Pisqe RYD on Berakhot 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: You say that it is
for food for ritual purity. This agrees needed and you say that it is
with T o s e p h t a Berakhot 4:8, w h i c h conditional?"
requires the washing of one hand for 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 the meal. The story is told in Babli
hands b e f o r e t h e meal. 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
Balaq 15, Bemidbar 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 not s h o w o n e ' s Jewishness tell her that their last meal was peas.
openly, a shopkeeper had both kosher T h e w i f e then g a v e him b a c k the
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 in w h i c h the
eating bread and pig's meat 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 , Tanhuma
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 Sifte man who t r i c k e d t h e w i f e out of a
Cohen.] precious ring by the identification of
71 The washing of one's hands a f t e r the food of his last meal.
72
-Ï30NI . p i n n n>> i o n .nn> r m m Ì7?n γργρ κ η η . a i >53!? îwwy)
••τ
n rτt nτ s: » · : ιτ
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
.iWÌBWÌ 3 Π
~ !
Ν>ΠΠ
' ~
N bτ >"W ΝΠτ ^» *V3N
- > p i N > υ ϊ > >3-) , η ι ρ η η ! ? ο η > J i ^ V ? VÎ< ν > ι η > D>I> ^Νΐηψ
.Vinn!« n n m r ò
HALAKHAH 2 567
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
cloth. H e a s k e d him, w h a t is that 7 3 ? 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? 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
Samuel: 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. Rebbi

78
Yose says, f o r terumah and f o r p r o f a n e food.
72 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 the name is Rav Tahlifa bar Abime, a
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 If someone wants to eat p r o f a n e
Babylonian κη'τι "sack, sackcloth." food "in the discipline of terumah," he
73 He thought that Rav did not wash must wash his h a n d s . While 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 w i t h o u t washing but
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 contact
walk more than four mil to the next between his hands and the food. But
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 I washed my hands but am unable taken f r o m the rules of terumah,) 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 He seems to be the Tanna R. Yose
is R. Yose bar Huna Cahana. Neither (ben Halaphta.)
of these names appears a second time;
568 CHAPTER EIGHT
I T D W 3 > ψ Ν 1 3 Ν>>Π 3Ύ) Γθί> >211") 1 3 Ν>>Γ) >3") DW3 71θί> >3")
13 . v m y ^ i * >ΐ.ν>ρ *ry V > i n 3 ì . p i a n t u r»?r>jp> oh?
τV MÎ OV π^ηι MßH >Ί> 13 y y n n > > 3 1 1 ^ T l ?
,n>8>y m r j Ν1? p i ? n
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 is
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. 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 (R. E l i e z e r ben
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 . The their commentaries on the Babli.
- Oτ T• Ì 7 3τ Ύ :
>3-» >371 /T3Î73
τ : * - :
N!PN
τ ν
0>T>
--τ
J1Ì7>03
-
V N I O- N
· · » · · τ
NDìD
τ
31
,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

Pesahim 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
HALAKHAH 2 569
everyday food, since handwashing f o r f o r terumah. In A n t i q u i t y , in t h e

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." Rav is of the w e r e s c o o p e d up w i t h pitta 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 requires handling as explained by R. Zeira.
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 π η η ψ ντ> -içn α ϊ
. n ç v - î j s ï y '33101 iiD>*T> p a r a iinj?t?>ö "ρη·>ψο iTiN^f m ηηηη>
R a v 8 2 said: 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 donkey
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 Yerushalmi
not easily f o u n d . T h e l a t t e r inter- prefers the interpretation that is
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 rejected in the Babli.
Talmud. 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 >3-»
.V03 ini? ü i v n ? 3 n ì j y i n>> i o n *p"o i d n>> i o n t û î î v n>>
N31 N j ì n ι ι > > 3 1 D ? n n>> i n * , : p i 3 n o n>> IP
- 1 7 0 >?JH , ί ο ι η n i ï y n j > > ? .oriinn n i d n r i i s n - » » ν d i d Νίτη
VîlipîS3 •)» "!?>)? -írii> ,^ΠίΓΙ ρ N ^ o n -TV D H >
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 > . 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 A similar formulation is in
(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 46b. It seems
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 When people are reclining on
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 , it f o l l o w s from the the used water. Hence, rules of good
Yerushalmi h e r e that t h e public order are necessary.
HALAKHAH 3 571
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. Once the hands meaning of this statement is in doubt.
are washed, one may not let his atten- 88 The Babli (46b) brings a story that
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 105a/b) quotes a baraita that earlier, was never accepted in
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 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 .v>?ìn y n i N >now n u i -prupyo n o j n a i n (foi. 12a)
ν>\?ίη nina m ^ ? Π* ï " î l | OÎ?>S w o ^ n O N Jim
. n u n ΓΙΝ - 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 Yerushalmi
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 :*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 (fol. 12a)
π ο ? η ρ nan^y) vpv>» ÌNJ?\?? 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.

HALAKHAH 4 m
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 unclean; both Babli and
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
Bava bathra 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 2:2).
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 that 94 Since f l u i d s in c o n t a c t with
cannot b e c o m e i m p u r e . The table 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 and,
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 impure from
have their legs screwed in are contact with primary impurity. 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." T h e p a r a l l e l in the Babli inverted.
(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 doubts
96 The entire institution of secon- regarding Rabbinic institutions must be
dary impurity for hands has no Biblical 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 ,·)>>ιη!? o n > n>5?i
ΊΟΊΝ 1? l i y p w >3Γ17 Ì 5 "piOpyj >3-1? . p i l * >1
>5 >51? ì n . 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
>51 ^ > Ν >ι.Γ) w i i p n n i n o ï y V>ìr> i n r i ρ ί τ ^ >5i
.τηΝ 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. 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
has b e e n stated 9 8 : "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."
97 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. T h i s is reading is r e j e c t e d by R. David Pardo
incredible. in his commentary on ι he T o s e p h t a .
98 T o s e p h t a Tahorot 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

HALAKHAH 4 575
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. In good reason for the House of Shammai.
contrast, terumah becomes unusable if 99 Mishnah Tahorot 2:8, quoted in
it was in c o n t a c t w i t h secondary Babli Hagigah 20a, Hulin 35b. Profane
impurity; h e n c e , p r i m a r y impurity food can receive only primary
causes the same result for profane food impurity. Terumah can receive both
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 not
who o f t e n is i n f l u e n c e d by the transmit the impurity further. Sacri-
Y e r u s h a l m i , a l s o in Hulin\ it is fices become impure also in a tertiary
incompatible with Rashi's way; only the fourth stage is "unusable."
>3 b y i n D n r p i N γρι , ^ η ο ι t v ) Novpi -»ino Ί>?Ψ i o n i v j n i n n
noo . 1 0 0 n » \ ? (foi. i2b) o n p i N i?>n n>:n ,-iino
n¡?y¿n o n p i N W n j v n ì >-p o n p i N ->Hm
linjpo>y> j i ? > o ì » .n>?\?m n ? i o o w n -»»i ν γ π ι γ ρ >3") .naio
m i n ndh) .Nin l o r i .-»ino v i n ν N o m n ö o p - i p N yari 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 and
immersed himself. 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 T h e Rome ms. has h e r e an 102 The oil was not washed off but
insert: |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 The word in became part of his body.
parenthesis has been c o r r e c t e d fol- 103 It seems that they declare only
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) they say it is is covered by oil.
impure. T h e r e it is melted into the 104 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 miqweh 105 It feels moist but does not trans-
for purification. fer moisture to anything that touches it.
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 addition to Grace.
ty rpii γρι ip>m rmn> ί ο ν >ari :îi (foi. 12b)
Î7Û ι ρ > 0 3 π » ,ηίυα η^ηη ίΟ) n^nrin "pton η ? - ; ?

HALAKHAH 5 577
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 toNbâ i n j / ί ^ ψ ί ií>n>a o í d o n p i N n>i
ϊ χ 1 0 Ì N ίϊκηψΐ OÍD) Í3>p>3 O n ) ? Í N ΪΪΏ ty
i n o o o n -r>n!?ri ν φ ψ ON .wîjvd 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 The Babli is more explicit and
already been recited. calls it "a shame."
109 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 , Η Ί ] N i n a γιηη.ηιρ VV\?) Pôip
Nini UJV'P "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 w n ^ p cPNjp
m ì n a a ν ο τ ι ψ ρ η ì?ì>? . v n n r i w o ^ j p i ^ n i y a n Nìn"? n n n ?
0>>?η) to'? ΥΠίρ ΟΓΙΝ 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
HALAKHAH 6 579
Zeïra and Rebbi Abba told him to get script evidence.

up and serve. This is totally impossible 113 It seems that Rebbi Zei'ra knew
since both Rebbis Abba and Zei'ra were the diverging traditions about the
students of Rav Huna. 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 Meïlah, the p a r t i c u l a r l a r c e n y
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).
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 "
115 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 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. For the House of eering that in the Babli (Pesahim 54a)
Shammai, the creation is complete and is called "divine inspiration."
in the past. For the House of Hillel,
ìinjpvi ϊ χ .ì??n n ? ν ι τ 3 >nοψ p u t i î î w t ïy .1 η Λ ί ΐ (foi. 12b)
vnnr»? WNn . r o ^ r o y - i m ν π η η ο •)» 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. Hence, the 117 With a different taste. Hence,
House of Shammai will not insist on the past would be inappropriate here.
Γαψηο3 toy n ^ N l ? 'O? π ψ ^ Ο »S η κ o ^ t o n ) WNH
γ ι ν NSD Ί ψ Ν r o v Nin r o y i "pv?* >531 O>N>3D .JI>WN">.3 >o> τ ι ψ ^ ο
"PION Ì3311 o i v o o 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 ,->ior) v ^ ç n 0 1 0 v s n .o>p»n
»31 .010 V3N) r n i o n î o n n ü m a ."»ion v i n - ) 0 1 0 î o n v}w\j>
ΐ>?3ΐ l i n n ή > > ί ο 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 in the prairie." W h a t is yemiml Rebbi

119
Yehudah 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.

HALAKHAH 6 581
118 T o s e p h t a Berakhot 5:31, as 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

reason for the benediction over f i r e as Galilee, known as preacher.
will be e x p l a i n e d later. In the 120 This and the following sentence
Tosephta, R. Yose disagrees and says are redundant. The sentences are
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 8:3. The
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. 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 and
Bereshit rabba 82(17); t h e r e is a Leyden ms.) without mention of his
parallel in Babli Pesahim 54a. father's name. In the Babli (Hullin
As is normal in the Talmudim, a 79a), the criterion is ascribed to Rav
proposition of subjects A Β is discussed Papa, f i f t h g e n e r a t i o n Babylonian
in order Β A. Amora.
119 Son of Rebbi Simon, an Amora 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 .mjn nyy n»
«in N i n y ) -137 c ò i y > o j ^ q n ο γ ι ν .orù Nin t j n a v m ^ n -ion
Ί » η NÌD t j r o nç . i p n ç Niny - 0 7 νήΝη ìtiìn N>IO
071S -\)ON> n i vn»n ">3*}3n m ç » N>Í>I i v n n
inlpai ,n>m r m ? ì o j / ? ^ .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 Arabic name of a large kind of
out, but here it starts with two persons lizard.
but then in the middle of God's speech 124 Arabic "embellish, decorate".
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.
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 m.yjy ο>ηνή ι η ψ r n y y o>riy lWN-in o v a
IV? τ ^ ί cfciyn l i o n i s i w i o n d i n r p m . n a ^ g rny>y
.irnyp nnri "O.iw? o ^ i y n - ^ s ^ η π π r n i N n njptpa

7
^ i n n vye^»? Ι) ? n i * » ? ìy ίηίΝψ
.3(7^ ΠΓΙΪΟ ν)ΝΊ q[?W> Ν1Π fa Nìn ÌÌH ΙΟΝ") ΌΊΗ N I V ^ Ì
i!? ·)«* NY^N RMIN? Η> RN müh NYIN "JN -»ÇN) NI hw
NÌD Ν*ΤΓ) .->INN IO*? ΠΦ DÌ V9V1 W NÌN : J M WII^CI
-»ÇN !7N10V) .WNn n ì N > ? Π>>5> 1Η>21
.nri»"!} π^>ηχι Ν>ηψ j i i n a y Winz v w n ϊχ

126
R. Levi in the name of Bar Nazira : 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 The vanished light of the Crea- 128 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 12a). heavenly inspiration."
Psalm 139 is ascribed to David in the
o n i a o n oi> I N i i n v >3-1 owqt i n a N > 3 - 1 1 2 9 [ m J o w ? NJÌD
,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 missing in the parallel (Babli Pesahim

Bereshit rabba. The omission in the 54a).
other sources makes no sense since Rav 130 But, as noted in ihe Babli (loc.
Huna preceded Rebbi Abbahu. The cit.), one does not r e c i t e the bene-
note "Rav Huna in the name of Rav" is diction over newly lit fire.
ìjjn " u n o m ϊ ψ ο>ηψ·ΐΓ) lari p:ra>p » f " * » (foi. l i d )
V?"n>? vw .ηγτ rmiy ο>»ψ?η by) nan ο>ηη ϊψ D>ny?n
Λ·ήΝ> 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 cpnân ïy rv>?*i? >>?ip i p v ? * (foi. i2b)

133
.iriwr) νν>»ϋ)?3 r0ì0i»(? 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 <IN ι ν ψ φ ν
RNIN> VINNYIN .RNIN1? Ì3>N·) NIS NISIN N N £ P $ P ÎNP.
RUS ΓΙΝΪΊ ΝΗ»Ψ TÜ V?"!¡?>? ΡΚ .RAOÏWN UN NÍ$R> 1Î»ÎO
,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.
HALAKHAH 7 585
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. T h e Babli ( 5 3 a ) has a 138 Latin specularla "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 wirj?n ϊ φ riô? η ψ η ο ί Ji^ro? o n ^ i ηφηη
narici Π Ί Ι Ο Ν m T $ r n i a y ϊψ .v>jnn κ^} Ν!?
ni* Ν > ΐ ή β η -mioi *>it7N ì i > a n p ΠΝΪΠ - π ί » η iridio
VN) .mos 2>>η Ο>?ΊΓΙ Jiwn}
Jiiwnii? o > > m n ì>n o n n i o w ? "»3 N ^ n >3-» . n ^ n a n V?-ap
.riaopîn i a > a - i a o i n j >an 0 W 3 ijnv r n •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 4:7. There is a 140 Coal is a m a t e r i a l , so if o n e

similar baraita in Babli Bezah 29a but takes it for unauthorized use he com-
it has no reference to Havdalah. mits 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 An Amora whose time cannot
141 On t h e S a b b a t h . The Babli be determined since he a p p e a r s only
(Bezah 29a) discusses how one could 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 144 More or less this is the d e f i n -
baratta which specifies explicitly that ition of "crackling."
glowing but not crackling coals a r e not
ϊΗ·\ψη ρ>>ιηψ Nn>3 pîOV 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."
145 Tosephta Berakhot 5:31. The one considers the act of lighting a f i r e
text continues: "One recites the bene- 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. But a G e n t i l e
ations of the Yerushalmi. lighting from a Gentile cannot do this
146 Since t h e Jew m a d e new f i r e since he never had a m o m e n t w h e n
a f t e r the end of Sabbath. Similarly, 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 > ? ."NNn
o > n y a n i y N ^ I N n a o a n a ^ >>>> ϊψ ^ V?1i?>?
r i a v 3 1 V l i N ϊψ i y Νΐη -on ì y Ν^Ί m i s s ? na^
ΛΠΝ
HALAKHAH 7 587
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 Obviously, h e r e one does not produced for human enjoyment.
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 . In the Babli mss.
(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 p ty ο>ηψ?η !?¥! - o n ^
o n ïiH .no 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. But if they which burns day and night is not.
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 "V>n by
.bíqy>> r r ç i i y a HJ?»*» rniiy ϊψ

150
"Nor over lamp and spices set before an idol. " 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> τ γ nan by P?"o>? p N )
,^ψίηπ p a i Ί ί κ η p a o>nbNi b i 3 ? ì -ιηΝ") a i o -ιίΝπ π ν o>nbçi
vip 1 ? 13 py)p\y >311 i j n v >31 o b i y ' b i t i ivi·}? η ? r p ; m >3i "V?n

>
.ib ή ο > ρ >3"> r m n > >31 Ν'Ίί η ^ η κ o>nt»tf b'Wîi
η ρ ν τ " ì l i o rin> ï y n ì b y n .nìi£ o>¡?>i*b i b n n n p - i m p i a i }
U0ÌN η η OV3 WEWP ">£ÌN ΓΚ P V V n ^ V ' N W ^
ib IONI >3Wb . 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 ? rms l i ' N b Min i j n a v m p n ib - i m y Nin i3ni>
>3"! i o n .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
HALAKHAH 7 589
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 Dei, one should not khinah.

make Havdalah until he saw the light 155 Greek (sing.) στρατηγός.
and that it is useful. The same 156 In Bereshit rabba: "From the
paragraph is found in Bereshit rabba moment that they were created, He is
3(7) in slightly more explicit language. making peace."
154 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 v?"nn γη
m y } n y r ^ ijiiy> ·)ν» . c d ^ n ú o n m a rjK WIIN> d o t INÇ
-ION T7NINV>I "»ON .ONJM TIN V"Ì?N>? ΊΤ?> I)>?RI ION ,-OT
η ψ ι ο m?y>? ìnoì η!? v í P p i o m ? * » ? -ι&τ INO
"»BN i n > p y -»ÇN m ,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 ·10>ΡΝ
Dippy·) 'PVv? TJNINV^ o?>(?r? INÇ ,wia> i y p i n i IN-)> ! n n n n
•VID oi>> ì f l m i y UN v p n y ·)ηψ n n n

590 CHAPTER EIGHT
"One does not recite the benediction over a lamp unless one has
profited from its light." Rav says y'utu, and Samuel says y'utu151. 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, and Samuel says m< abberin. He
who says m''abb'rin, one adds a limb (Ί2Κ) to it. 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 . Rav says
'êdêhen and Samuel says 'êdêhen. 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.
157 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 Avodah zarah are
(') (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 under the the Babli w h e r e at o t h e r p l a c e s one
influence of Arabic. 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. Since the Mishnah roots of R a b b i n i c e x p r e s s i o n s 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 "Completion" is the determina-
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.
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 .Ì-iìn> ÌJIW»^ m -on ϊ χ
1
« i P » π η ηΝίι ύ ψ ψ 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: S o that w o m e n
would be able to spin by its light. 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) and a
strictive, following the old Babylonian dupondius 0 / ] 2 denarius)·, in the
custom. In the Babli (53b) there a r e opinion of Hizqiah, one 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 ìì»£>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 CHAPTER EIGHT
162 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 his
Roman passas, of 4.5 f e e t each. Then opinion a f t e r hearing that 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 the
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. That report
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 he
otherwise dark room. visited Babylonia a f t e r becoming head
163 In the Babli (53a), R. Z e ï r a is of his own Yeshivah in Galilee.
quoted that originally he insisted on
-mo? o n p i N rgrçh >>? :n î i î v » (foi. i i d )
l y - j - a p ' t w ? "TV"! 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 ? o i w - α Ν ο ρ ν >:n :n η Λ η (foi. i2c)
I!?>N Γ Ρ 2 7 - p o y o ι ο ί INO Τ Ρ ; Π p o y o I O N *τηι roí
- > ή η π ? π ν ^ ? Ν)3ψ η ί η ί υ o > í i n o>? o y η?ψ
ηψίν byis " p o y o ">51 i n o iöipp> -mn? íoíi
.τη?*) i»ip>?> p n n \ p & Ν)3ψ l i ^ n t p j i ? w ^ p I C WN'n?
.-»D^W o i p m N^n IN .ns^vi a i p n ? rpnp

HALAKHAH 8 593
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. In this case, it seems that the
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 . 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 169 The Babli (53b) quotes R. Yo-
during the meal. 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. A n o t h e r s t a t e m e n t of R. him; it certainly is not p r a c t i c a l f o 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. It is t h e r e f o r e not
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 dif- the opinion of the student of Rabbenu
1
ference between the Galilean VsKn and Jonah in his commentary on Alfassi.)
the Babylonian Vayrv· is dialectal; t h e
JV3 .OÍ371 i n i N NÎS Ο ψ ")>#·) ή ^ β Π Ί Π Ν 1 » ^ Ν 3 Ο Λ J V » (fol. l i d )
o n p i N !?>η n u i ,·)ί^η ï y :ρΐ)? - ι η Ν ΐ ")>»η ϊ χ r p i ) ? o n j p i N
VN) - p i » ? t7íoy>? Ι Π Ν yon ρήν .l?»n ï y " n i > p i ? ι η Ν " ! " p t n n ^ ^-inp
.ro-orr!?:> T>.?>? " 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 o n e has a s c e r t a i n e d that his be-

non-standard form of Judaism, one may nediction is compatible with our rules.
not answer after his benediction unless
,ΠΓίνμη n ? w ? n m n3\?¡? r m ? Ν>ηψ >7> f n ^ n (foi. 12c)
. r o w i3>N © t o n >7> ty nari m ?

HALAKHAH 9 595
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.
170 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.
does not apply here; see the start of
r o y MV) ν ο ψ » i n ρ Ν!? ,νοψ >a η Ν yon ΐ>ήν -ιηκ κ η
1D9V -»ON i r r η η : ι η » η .níp 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 He a n s w e r s " A m e n " f o r the
173 T h e only k n o w n son of Rav, benediction but not in order to fulfill
who had the best of Rav's students as his own o b l i g a t i o n . The parallel,
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
596 CHAPTER EIGHT
N 2 N Ο ψ 2 3*1 ΗψΎ t O N ^ l Γ)3y Ν?? Τ ψ >311 NJVSJpiO NDÍ1

π
. n p p n a >wn"ì η ^ ψ N i n i ?0 n ^ n nb ji>ni r o n - α
* D\j> r u s * n> .o^p-jû I W ' N >n >y? >an
nn ρ -ION , n s > η}); N ^ ) v e y ΕΡΝΨ -IS κ » η "py?
VI V ^ N " ] Î O i i m V>?»Î2 -15 133") >ΟΠ Ì 3 N 1
Orinan η » VNSV V ^ N I v ^ W ow? m p N Kan îp-o

175
Here , a baraita 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 ment is reported in the name of Rav's
c o r r e s p o n d i n g o n e in Sukkah 3:12; son-in-law Rav Hanan bar Abba.
"here" refers to the discussion of Hallel 177 Neither here nor in the Babli is
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 A cousin of Rav w h o s t u d i e d cf. Tosaphot Sukkah 38b, s. v.
with him under their common uncle R. 178 Hence, it is unnecessary in the
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 synagogal
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 recited
permanently. In the Babli, the state- pieces e v e r y o n e s h o u l d pronounce
HALAKHAH 9 597
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 η«ίπ> i o n n?iyn t o
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 i!? " p p n N ç r o v w .ίπιρψί
.713V 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 181 Amen not completely pronoun-
Babli Berakhol 47a. 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 .rninij ^ri^n to idn to>p") NinnN
. ^ n a ^ ο η ι ρ ί *νηκ a í n a I ? i t o -»ON . v i n > JTIBN ri-jm-r
It is stated: 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 kifshutah: Since t h e
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. But if he uses a Jewish
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.
•»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, Who...
Í3>N »PO» 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 Happened to that single person, not
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 ) 'to ty v i n >©? ï y ο ί η - η η > ψ i n n
n n t v i ϊ π ψ η n>?jn o > ç y o y in > π ρ ? ψ ΟΙΝΙ ν "pani i?
.ΐΠΐ> -jn* ηρ>Ν DON'T INI? i n o o > v n y >©3")
T " ! * VN 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." In this
this place.") This is e x p l i c i t in the version, all q u e s t i o n s 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 Rebbi Yehudah and Rebbi Simeon
wonders that were done for his father in Horayot (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 u?to rna nip wnn rjna nhiiin
îjna i n t o -iîDin? 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 VV1 tato ty ta>3 inODV
w p » v!?\?W o i p ç n i p . n t n o i p ^ a w r i t a N b ο>σ>5 η ψ ^ Tn?
η ^ Ν Ο Ν Ο Ι "»oto nip .o»p>pì -ιήΐ i n a n ^ i v i i n t o 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

HALAKHAH1 601
(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 travel reports of Medieval in the valley of Dura. 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 I. e., uses old Babylon as a quarry.
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 In the Babli it is told that Mar, son
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
(grave)" (E. G.)L The benediction ruins of Babylon, collected some dust
refers to the fact that God allows idols and recited the verse f r o m Isaiah. It
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.
roads.
,ΓΟ*)? ΓΟ>Ν JVD>© r ) » y OW? Γ φ Γ Ρ >3")
DON η . qpyainNi N j a y o 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 : Any
benediction without mention of the Kingdom is no benediction. 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 since in a d r e s s i n g s o m e b o d y in t h e

Z e ï r a , he must be R e b b i Yehudah second person one must s p e c i f y t h e
Nesia, Patriarch and grandson of Rebbi. adressee. Hence, the statement of R.
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 . O n l y in
mentioned. [The formula for the Babylonia they a d o p t e d a n a r r o w
Kingdom: "our G o d , K i n g of the 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 God's 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
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 A practical reminder of Samuel's
addition. T h e f o r m u l a t i o n of 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."
that one has to say "You, o Eternal,"
τ η > itoy n o r m Njvnp ntàvi τα^ρ l ^ j v >3*11 "|ini> r n
VONn] 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 by ηινή Τ|> Ι>Ν it? η ρ κ .ííiín ι ρ ^ Ψ ι
ins Ηϊ .nb ITVONS»? η ψ o w ? Ι Ο ί Π m_ .JlìDn??
*Ì3*TN: >3 to ->3ìD>n i i n v >3-1 o w ? i n a * ,ΝΙΠ i n i v m ^ n irniiíi

HALAKHAH1 603
N ì n nina v i r i o n v n i - i i i * ->3©> d i n N a ON . v ^ a ? wh OH
>?N Ì Ì Ì ? Λ Tñ-nn? ϊ ϊ φ >>p na ^ Ν ΐ η ψ ion D^ÌVÌ? i o Vâro
-itaa N ^ n i i í i ? ? apv? DJ-IJI nniaj >p η η κ >?-) I O N
>n>\? n1? JT>>7 n > > n © > , Ν ^ ί η ψ η Η^οη 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 . Rebbi
Abun said: " W h o can ever tell the strengths of the Eternal?" 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. T h e p a r a l l e l in t h e Babli
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 (the w h o n o t e s t h e r e that t h e t h r e e att-
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 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
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 be composed without in-
In t h e Babli, R. H a n i n a l e t the spiration. 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 ? This 19 In t h e p a r a l l e l in t h e B a b l i
a r g u m e n t a l s o is a c c e p t e d by the (Megillah 18a) h e is c a l l e d Rebbi
Yerushalmi since the explanations of Yehudah f r o m K e f a r G i b o r a i a . 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 . In t h e where Rebbi Haggai had him whipped
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 rabba 7(44), Bereshit rabba
middle of his prayer. 7(3), Bemidbar rabba 19],
17 It is too much for finite man. 20 Greek τιμή "value, price".
18 Not Rebbi Samuel bar Nahman
oriin"! Ύ Ί & . 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
,>3i3>3 rrç n q N~n v p ? oriirr; ."ita n t n n τ φ
.mr0N n i l rrç H O 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 .
21 Tosephta Berakhot 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 A longer benediction, that should 23 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.
HALAKHAH1 605
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." He c o n j e c t u r e s t h a t t h e
25 Since he starts with t h e Name T o s e p h t a is d i r e c t e d a g a i n s t 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 introduces the following prayer manual of the sect, 1QH, always
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.) In the time of 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 longer
different period in Jewish history. In existed.]
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 nia? "pên
D>0>!p I O Ρ ^ Ν Ί Π D I N JIN OflN
ì n > tôt*, i t o n>rp ν « 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
Λ*Π? Ντ Πτ ty D Tτ K
τ
D > r· Ù N?: Κ">3
ττ
Ί ^ τΝ- : θ ί » Π
- · ·
-ION
-
. N í a Ν 1?Ν
τ ?
3>Γ13 V N 3>J1D ί Ν Ί: ι3τ >31 p· ·.·i ?τ "ΙΟΝ
I ·· - τ
.D>DÌ>N
τ:
τ τ τ
26
."ips? p a w j i ν ^ η η 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". T h e y said t o h i m , but it is
written {Gen. 1:1): "In the beginning, ëlôhïm 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 CHAPTER NINE
26 Probably a scribal error for προ, There, the entire sequence is found.
but there is no manuscript evidence. In 27 "Please ask the first days that
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 That ëlôhïm is a genuine plural,
h e r e c t i c s c a n open t h e i r mouth". not one of majesty.
I t f b ">on .wrno-p d i n nwi>3 ΐ ' τ ρ τ "ιγιν n o .ìjiìn η η
JilS NÎS I N ? n > n ? V N ε π ν ϊ ί n i * CPÎYÎJN W * U » I
, i > w• o*· n nτ N- n o- ί Λτ n iγ p' τ a: n nτ > m

· τ
tetà V 7τ > »• b: n- i!? n o :Nιτ . i n :i -m: D 7τ N n
τ τ
ÎJ^Nl DINO .ΟΙΝΓΙ •))? nini yo ΝΊ33 D*TN *OJW>
.VPN NÌ73 >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: Father,
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 In the Babli ( N i d d a h 31a) this is
.jni> N i n * o > n > $ * o>n^7N t w inn n ç .iriiN toNî vrçp
vi>o!pri t> ι ί > ? ν .ι·>γρ y i v N i n H ï y l í o i>n o > y i v o n 1 0 b i q h

HALAKHAH1 Mil
-τη* o w ι η £ -I&N ,a>vm n ? w n ç nrprn ι·»*} n i
.PÌB^ÌJÌN "Ip'p tH>>*p3 I O N I N3
They came back and asked him: What is that which is written (Jos.
31
22:22): "God, ëlôhïm, Eternal, God, ëlôhïm, Eternal , He knows." He
answered them, it is not written: "they know", but "He knows." 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 . i t i ì n toffV"! n ^ n
Ί>7'»>ΓΙ ítJ Í-IÍ3N Í O p » 1 -137 Ν!?!* 1ND a>Jl? W l p ' ! O")
inhi o w ΐΒψ^ψ n?w n 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 graph is missing in Bereshit rabba.

probably should be a ι . This para-
O'VMP IRI!? ΊΙΟΝ .MIN O ' v m p Ο'ΓΪ^Ν Ι>ΠΤΤ INN .ÌJIÌN M
>a-> V7>n>ri i!? i n p N .Nin N i î p N i n hïh v o a>jt? γη on
.jiivmp v m p p n a > >a-i -ION ,a>v»? ητίΝ n& ι Λ njvrn
iman . n ^ n p a ÍD-¡I N ì n r j n a v m p n ΝΠΝ >a-» o w a y p >?-> 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 ,ηψντρι
niD>>rj .ηψΊ-τρη iDft>n .tjs-n v n i p a . η ψ π ρ α to-ro .ηψντρα
ina>7 NO? .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 >>? 2>313Τ "|ΠΝ TO .ÍJÚN Ι^Νψ") ì i m
N^N "|IO VN DiV>N WrÙN l i f t *1ÇN

ION ,1>V>Ö ΓΙΓΙΝ DIO ì f t Π ^ ? ΓΗνΓΠ ftNÎ? VT>)?!?ri ft Ì"»?N .V^N
- α ΓφΓΡ >?*) a w ? on?>a "»ön^ . r i i a n p >p>n i o a ni-ιρ
«1ΓΙ3 Î7j» v m ^ ? nj?ì>\? n ç . 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

HALAKHAH 1 609
p n rßrjB i/'p·»'? ¡ ^ p ^ p i .ruy TiiNö ή "i^nn p p n b ^ Ν Π » >p ^ η ί

»311 n o n ? >?-) -ι)?νι .V'PT! p p y W ? p i prt ^ p - j W
w n n î τ υ ψ n i N p ή nVno «in η ^ ι ο ο ν ^ ν >?"! o y ó i a > o
n o ? o j p j 0-JN1 .indìvia n i n i m n nrçp t i n t .rnvp ι>>?ρ r n y y

nis Nin i n a vmpn") rrç>>n>? ^ S f l O ì t i ö ^ n η ί η κ Tniyi
Μψ ϊ ί ^ Ρ Ι niV3 pi ϊχ Jn,3D? Ν>Π r o n )
>3 n£>£>jp 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 ηίον?
."ipN^ n a ? 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?" He
answered them, it is not written: "Like the Eternal, our ëlôhim, always
when we call on them", but "always when we call on Him." 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. Since the 37 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 Midrash 1, Halakhah 1.
Bereshit rabba, is mentioned in this 38 A third generation Galilean
sermon, one may take it as a proof that Amora whose sermons were collected
Midrash Shemot rabba, which in the by Rebbi Berekhiah.
middle switches f r o m a style identical 39 T h e y c a r r y t h e T h r o n e of
to that of Midrash Bereshit rabba to H e a v e n l y G l o r y in t h e v i s i o n of
extended sermons based on the starting Ezechiel (Ez. 1).
verses of the weekly portions, does not 40 The homily disregards the con-
necessarily have two different clusion drawn from the v e r s e in
collectors or editors. Halakhah 1:1 (fol. 2c), that one has to
35 Plural. pray with f e e t p a r a l l e l o n e to t h e
36 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 Usually, ηβ»' is t r a n s l a t e d "he
ta that God is the place of the world faints." But h e r e , it is t a k e n in t h e
but the world is not His place [Bereshit Mishnaic sense of "wrapping oneself in
rabba 68(8), Shemot rabba 45(6), a garment," a toga or prayer shawl, to
Midrash Tehillim 90, Tanhuma Ki Tissa exclude the world from one's prayers.
HALAKHAH1 611
npN ft w 0 7 ) - ι ψ ι τ>ο>ψ ya-iN n a - i ç n >3Ί o w ? yji> >3")
i Ç N .·ρ7>> Νΐή> n r ) ft η ρ Ν .vty ο>>ρρ '??π nsv νίπ ηη ft r»>?N ο»ρρ ^îf
>Ν3ϊ >3"> n ç N .ny-i? a n n o n y n rus nid -p-a v m p n ^ηκ .ύίηο?
h'ph .Jio>»n 07·) iva*! >3sn η ψ ο m_3»i a>rç?
ili* : n n n n n p i î w ï ô rus i i " n π ψ η η * n j n a t>9jw ny\{>3
.nyb i-iNì^ η* .ìvs>n Ι Ί . Ν ί * ^ T P T NID ΝΙΓ) rrpyò") π ψ η
ηψη i-tíos ϊ χ η ι ί ο γ ι ιτυψ TÌV NV) " ì t y i y >3"!
!?>sn ft .ny-ia ' Λ ' * ? ! n ' J i r n ν ι π ν-τγι . i n j i n - ! 4 2 -io)snp m w
v^y pnN pìix'y ">?i3 v ^ y κ η ρ n o n ? >31 . ì i n j n o i o i p - )
nçi?·) t î > N"1?P -13 >?ri . v n o r i yrçn N i n ^ o ? n n s p p n s
"»ft ·)? >3-» -»ON , η ψ η n i n i JIN i c p r o η ψ η m o i ?
ì ^ n i ν ν ή η "iîpi V P ^ n fty V p t o D W - ^ s w y j n i n a >3?» π ψ η r n a ^
ο>ψ-ιη> ί ο ν .on3"F>? v n ν ^ ί η ψ η ν ι π p>ri vp>>n> -»çn
ft -»PN nìd *jni vmpn^ Νίπ .·|>Νί-ι vn y)?w> .yypw vn
ji>> i o n i n o p vari .-ιοίη oìw? 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 The name of the tradent is
quaestionarius, "torturer, executioner." missing; he cannot be Rebbi since R.
43 Latin patronus, who was obliged Eviathar belongs to the second ge-
to protect his clients. neration of Amoraïm and exchanged
44 Most of the following is also in letters with Rav Hisda and Rav Sheshet.
Exodus rabba 1(37). The sentence is missing in Shemot
45 R. Yannai takes the sentence to rabba.
mean that "Moses fled from before the 47 Semitic plural of Greek όχλος,
face of Pharao," as translated here, and "multitude" (of people, troops).
not "Moses fled because of Pharao," as
HALAKHAH1 613
i!? n r p N .·ρΊ\?9 il? w? 0 7 1 "itya HDW ρ η * ? >?-» yjv 'ai

>_
"1ÇN .1VT>> HXV >Λ) n>?N V^V O V P P "ION 13 ©3Î}?
13'Nl N ì n p > n 7 ^ 1 0 n w n n ù r»?N o»j?>?
-tniN N ì n η η .nnn riis Nin 71-13 ν ν τ ^ π ^ I N .ύί-ι\?3
.roi> UN κ ρ » ΐ rù *
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 ^ 7^V3 13 t?3Ji? ib

N ì n
13>NI N ì n i?>ri .WNb 7bx>io Hl) ^ ovpJ?
.WNn n>?3nb ν ι π 71-13 wi*Tpn bnht .iii*i\p3

>r
i>? * T 3 ¥ i I V ^ 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

N i n
aian JIÎ Nin r j n a « m î ? n baN ,ni»nb π ^ ν ή η 'Hi!
,'iJi , Ν πτ τιτη :Ν- o í a "ut?ì

- :
n o·N b o n!?\y
· τ : - - :
>ηϊ>Ν
· τ ?:
a > r m Nirmτ . 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 ."PNVPA IB W? O"N *IYA Η > Ρ Τ N>PY¿N - I O N YRP >A-I
I^VB Ν*ιίρι I Í I I O A BW INÎFL BÜ "TOYI N A N B N .DÍNTI3 I B ^ N Í3>N
Νipy -HTSC? n r i ? by *miy >?ib3 W ' N " I O Í N NÍD) in>A LAB Í N
N > Γ Π * 0"TN BY TLNA O N P Í I > N N Ì D RJNA WVT^RI B A N ÍN>3&
N i n n 7>p ib n ^ i y ^ N I m i s ? N^N îho'BÎ? mis?
. O B » > >'> O W ? N"JÎ7> 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.
HALAKHAH1 615
n>3 N p a > \ ? 7 rmjpnja n i n i a n a rrçn N ^ n i y >3*1 Ί ^ Ν
N^pna ίο -I&N ΠΝ Ì N O ^ ρ ΓΡ> η ι ρ Ν .'Νοίη
γύ n ç N > ΐ ϋ φ η > γ^Η O»R>? W âî? WN
Iii» M ? H Γ1Ν IO rP> >N*Tin> I O N i n ? "J3>>>>3 ΓΡ> Π>?Κ
,n>ri> (foi. i 3 b ) v i mpN ,n>> i w r i y n o i lit? - i o n
Ν ί η ψ >j? o l ì η ψ Μ nbJi? Ν ί η ψ >o n ç i . l i n n ? * » n w > y ù
* Dw? νί τ (7> a w n N i n n . - p y te h^ N i n u n a « m ^ n ? nî
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 "Of Tiberias" is missing in the
to be a more correct version, since Rav Rome manuscript.
spent his time in the Yeshivah of Rebbi 52 In Yalqut Joel, t h e n a m e is
in Shephar'am and Beth She'arim in Popianus. The name is unidentifiable
Western Galilee. Also, the setting fits [could be P o m p e i a n u s (E. G.)]. [Z.
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 since t i f i c a t i o n is i m p o s s i b l e for many
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. ( T h e r e is a Roman
been in Galilee, and that in Galilee one surname Sophus.)
spoke Hebrew with a German 53 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 i n i NTOW n ^ t o ^ N -ION
η?? -ION; . O i - r p o p 1 ? ^ 7 9 Ψ n o n>> o>pp>> in
>o Nin 0 7 1 Ύψα? ty i n y y Ν ΐ η ψ ·>η n o i .nN»-n3tD>N£
N 7 î ? ? ι ψ Ν Î73 Ν ΐ η η .·)?γ> i o ΝΙΠ 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 ?
Alexander! 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 . 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 So that people should not say, robber would not make a difference.
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 ."pips to 071 ~>«n >37 o W ? t?n?>s >3-1 .>ï«ù>îd
Nin 7 m vm¡?n .>> N n - i p o Ν¡77 -»OÍN NID n r i v ?
ϊ χ 7>y/n 3>ri?7 M i n n ΝΙΠ v t y n n \ ? n m y nç-ïo hùN . ρ ύ>Ν

HALAKHAH1
ο*η -ιψη -ÏQH >hù>?n - o Dinari ο ν ή oro>a >?-> Ννη *
-ry •»-»•»an n r i ? ìJiìn waì /p-ivpg ib
« m p n t r ç y ,n>ri> n^v>î?1 n ^ T î ? ΪΧ i m y p a ? n ì t h IÌÌ D>> n i i i n
ÌI^ OAYIN> . O - W : N P O Ο$ΨΊΗ> NIS WN
o r p ç > i W N - i n r j i r p n Ϊ Ο Ν n o n ΓΡΠ τρ^)? . 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 ΙΓΟΝ >3-17 N N A
N^N ,η·φ rrç i>3V nja >?ι , ^ Ί Ν ) nyy n n j i a rpno n p .'in
Np"|?>N? Í 3 W Tin* N»p-)3>N? 0>ÍW ^ ^ °T! iV?
Kin : j m v m p n i n n ; . o j a o>iw κ ρ ψ n ^ a » ? -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
ν -: ? :
D»n
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
protector , he rules over one district 57 but not over another district. A
56
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 "King" was a title forbidden in 57 Greek επαρχία.

Rome; a 'king' is a small local 58 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.
59
! m aτ n- o >τ i: n v n i a ητνην)
τ s ιτ ν
ο>ύ π π- ν- n -τp s· o - i nwy»
ν -
Noiron
τ : -
>·η -ion
- τ
Tnis"! τ η ν - ! o » a b r n -tyt> l o ^ y t n y >·ηη> τ η * p w r i n a n ? m
ìNnw η>3 .otos n ^ i N n . i p i i*r>? inN*i> b o ù ί?>πτΐΓη ìîjp
Νΐηψ ν μ η ψ ψ :pD>N ^ Mlî? dip .πιη»η ì i » n > n m o t o s i!?>yin

Î7D3 p i i ' J i n TÇJJ "PO . ΐ ί ί Ρ Ϊ Ν1Π"! CPPVP* o?jw niiy
IV? 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 η ύ ρ > -τη^ι τ π ν - ^ 3 rtn>
J^N i b n o N . n a i b y N»3Ü?N i n n i » YIDN n ç i i n > - » e * .oit?? Tù

HALAKHAH1 619
1Ì3>K .17333 •prU^ÌVO'! N D n D a ^ i » N>3pDN γΐ3>Ν ΓΡΙ^
.oto? ή η > iMnp n ^ "pnoy l i n n p y o · ) "Ρ^ν"! linnpyo-!
n ' J r p n Nirm .îjiay î p n ^ ï f 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 At other places in the Yerushalmi, 61 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 i n n d o î n n i d oiî)ioib>a n>în

.ioy> n i ? o"î»î 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
>n> . m n oip)3n ρ r n t n i n i » n p y y "iî?V?V o i p p i
HALAKHAH 2 621
dìo ο ψ φ η ρ ΓΐπίΝ ow? wriiiN w v ù n >'> "|iìn
ν"!?·) η> o ^ i d π ί η ί ρ φ η v ? π π ι κ - » i p y r i ïï?
rrçin? η κ n o w i ? "py>?w >?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 graphs.

parallels, Babli 57b, Tosephta Berakhot 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. There, R. Simeon's
64 T h e answer to this question is reason is that at the End of Days all
given p i e c e m e a l in t h e n e x t p a r a - peoples will abandon paganism.
l i n o ? γ ή o » n r r i o Hit*. .I>JTD ->ro> , - n i n > I ^ N >p i3ni> >n-) *VJN
d i n n i o ? N)pi|\p n n .inppri r m y n o . 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." Is
are taken together; the insertion of the being joined is the qere, the way the
next paragraph is d i f f i c u l t to under- word is read, but "may choose" is the
stand. ketib, 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. Hence, a living
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, all living person.)
•>W)> Η)>φ -ji-q o v -içi!? ο"τκ - p - u o ' - m n y ^ y j d o ì n γϊτιπ> r n >?ri
•ρΝψ Ηϊφ - j m i ,ηψΝ w y Hiy r p i a .-na w y n t y rjì-α
,N\pn 113 Τ>Νψ Ί ί ΐ tpia .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

HALAKHAH 2 623
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 In the print of the Babli, Menahot Babli (Menahot 43b-44a) it is reported

43b, "R. Meir." 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
binowitz notes a German and 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
and Rosh, in line with the Yerushalmi is not God-given.
and the Tosephta, Berakhot 6:17. The 69 Mishnah Pirqe Avoi 2:6.
entire paragraph is from R. Yehudah in 70 Here rm*a cannot mean "com-
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. Since he cannot know what is as in C h a p t e r 6, H a l a k h a h 1, f i r s t
forbidden, he cannot f e a r sin. In the paragraph.
o n? bτ v)> i n n: · orp-p
τ
iowav)
: IT ν
o nτ i N · -:
,-airv
τ
-iwn
·.· -s
>o >3 ν π ν• >:n -»on
» • · · •
wjw 'Ν lî?rn> on>*H ι υ ψ ΰ ,·ρηυι
p - l O ' p i ί)1Λ O ^ í y J13W WtfJ") ΊΚ)ίΝ NID -Tiaiwr)
Ί η ί Ν aìJiDn V W V?0 V * vni^ni >3υρ
,'W OÌ7ÌV
τ ^
row
- ·
13V)
;
>": )
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 CHAPTER NINE
71 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. The para- written (Ps. 116:6): "The Eternal is the
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 Who destroyed the Temple but
72 Tried to destroy the Temple or who, in contrast to the Romans, did not
helped in destroying it. By necessity, do so out of h a t r e d of J e w s and
these are Gentiles. Judaism. In Tosephta Sanhédrin 13:5 it
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. [In Tosephta the gates of hell will be l o c k e d and
Sanhédrin 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.
l i a >3-) > o v >3-1 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 "bringing manure," meaning the same,
manuscript. The Venice print has I'Vara 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 n ç o N)?wn γιν) τιι$ . n i n a n j u s
r j ì - i a Ι Ό Ν >yp>? ρ ΓΡΠ O N ϊ η κ .larici ο ν ΐ ΐ ψ ? vtpwo .rijahf
. n i n a r j ΓΙΝ r o v o
HALAKHAH 2 625
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

· τ
DTK >331 D>N3
τ τ · · : · τ
nÌ3b>N
τ
ΠΝ
?
ί η Πτ
1? ι Ο η τ ? 1 » ΠΝ3 η ψ Ν Γ Ρ ύ ")3*Ì? η ψ ν ο ioîv?
03Π31 ·)3ην Ν3>3Π "Il >t?i> >3"! OW? (fol. 13c) N V J ^ >3Ί "ION
79
n i n a » o a r p y HÏÎ<. ,-içn n\M|?P3N .ion ne .in m>>y i r m HÏ
ïot3 ί?ψ r j m ΠΝ3 n i n o π ι ο ο ί ο π ν ί ·ρψ ioîy? niio
^ T J ΗΪΗ .o>w33 !?3ΓΐΌη> -jai ÌD-»I κ . 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 . 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
women? 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: 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 , "

KopDSK, but in Avodah zarah 1:9, t h e without reference to Creation.
Venice text is equal to the Rome text 81 This word is unexplained. In the
here. Greek ά β ά σ κ α ν τ α , "secure parallel in Avodah zarah and in 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). In t h e Babli, Cirillo has o i o r a R. J. Levy c o n -
Avodah zarah 20a/b, Rabban (Simeon jectures Greek σ π ε ί ρ α "a spiral (road)".
b e n ) G a m l i e l is r e p o r t e d 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> -içN .njppn J i i m o a ιιψ o>nn o?n : j m iipiN - m n »op
V~PP ,!nV>n y i p ? i w ) ? ? r p m . N ^ I V ΝΊ>Ρ>Ν!? m i p N>?"ìì>?
>p Ì N .»pip pnp? .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 ". R e b b i L e v i said, in A r a b i a o n e
calls s h e e p yovel83; (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 (Job 38:36)
"who g a v e understanding t o the sekhwiT'
82 T h e f u l l v e r s e is: 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 T h e insight of t h e better to the Babylonian version (60b):
sekhwi is c o m p a r e d to t h e hidden "Praise to Him Who gave insight to the
HALAKHAH 2 627
sekhwi to distinguish between day and by R. Aqiba in Babli Rosh Hashanah

night." T h e t e x t of t h e 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 58b. "giving lots of milk".]
The following explanation of words, 84 In the Babli, the place r e f e r r e d to
parallel to one given in Babli Rosh is Gallia (or Galatia). T h e etymology
Hashanah 26a, refers to the of t h e word has c o n n e c t i o n s with
determination of the m e a n i n g of t h e Arabic noVa ,ioVj "rock."
word sekhwi (that is not quoted, only 85 In the Babli, on the authority of R.
understood, at this moment.) Simeon ben L a q i s h , t h e p l a c e is
83 The same identification is given Greek-speaking Kenisrin, near Aleppo.
, π φ rrç p n i i g a t i n g V ^ y o w ? . o > n n o p q r j n a *ìoìn V P ^ p i N n ^ i - i n
-iniN p p t o p i N nNi-i τ ν η ψ ρ Noi* ρ n? npi-τ i n v i ί>ν I P
.nona H ï y ny l i w ï o n D I N y?> n n ? w o w ì ? Ì ^ N - ! » N - U ^ rp-rç
n ^ N ) I\?>PI ino r n t ΥΠ "vpy y*ìt w i n
ΠφΡ ΠΝ-| .·>3Α!ρ N S Í O i J i n r i ^ ? 7 0 Ì V >3N1 H t m ? > P N ÎJ? "1ΠΝ"!
nìo-) v i * ] •)?>>•; m pi!?n n x m l i m o n d i n yi> n i y > v
N s i m J i n o ^ ? *r»iy . v m > > p t o n hxq 35 i n N ) -lani 0 3 ? u n i
iniy ^nì . o n n y o i ο>»>ρψ>? j i ì » ì ) o ì n 7195 >ia> i p n n p toN-io
-vo\H y-i n i i N -»»ÌN N>?it 15 n > n p i ,>3a> toíOp j i n ^ ?
JinN nD>nn ·>τι>Γΐψ n ç >pi r p a n ϊψη ^ P N n ç >pi
inwN n ! τ?· ,n· m -oτ Hi m -o τwν m i- o - ^ pτi : . f t >ipri\y

· τ
w' · - p i p . f t >ni?PN
· : - τ
ne? .ηηίϋ> η?3η η > ? η ϊ χ ι π1»"»? a i o m i N îjpn .vjai
n)?-t7p ,>ja> m o m i o no? ,>ia> N > p n r i i p > n n n»3P .>>a> N > p n 1 »
-ίψΝ i ^ a Nwri >p - i ì p ^ - i o ì n N ì n p i m o rno^
:ο>ϊόΝ n-iiv)
86
He 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. Hence, the v e r s i o n of the
and Tosephta, the good guest appears Yerushalmi looks more original.
HALAKHAH 3 629
Nin n i n n r i ^ o ' n j n n ^Vl o>p*un niynn o > p n n by rowa

87
t>y·) D>n»n Jiija?n o n m by .o>obiyn ίηί3ψ rjma -iniN
n o w Γφη> . 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"! by ο>ΐ?η τ 9>
o>>3 njjî w i n Π31 .ri^Nri 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
93
says: Praise to the True Judge. 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 The Yerushalmi does not d e f i n e a u t h o r i t y among those w h o e x p l a i n
κρ'τ. In the Babli (58b), Samuel defines difficult words in the Talmudim.
it as "star with a tail", which may mean 89 In the Rome manuscript and in
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 T h e same manuscripts that add
an entire cloud. The latter "His strength" in the first sentence, add
630 CHAPTER NINE
"the work of Creation" here. H o w e v e r , in t h e H a l a k h a h , t h e dis-

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 Mishnayot
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 has been changed to
language only in the Mishnah, but the correspond to that of the Halakhot.
quote in the Halakhah reads: "Rebbi 94 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: If his c r o p was r u i n e d by a
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
rainy season. year's crop.
93 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 .
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.
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 .D3>n v i > Í N n a > n i7>y> IN I ^ S N ΓΙ>> · ρ η > Ί Ο Ν ,-ny "|»>?η
ji>> inn ρ -a Nynni íon ο ο η ιο^
">3θ> >)? a w b y t ù t t .ο>ι?^ nby ï W V »PI .κιπ n ç y p k w
. n oτ D: τr a:
HALAKHAH 3 631
S a m u e l said: If that ziqa w o u l d p a s s b y Kesil96, it w o u l d d e s t r o y t h e
world. T h e y o b j e c t e d t o Samuel: D o w e n o t s e e t h a t it p a s s e s b y it? He
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. 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 Ibn Janah defines kesil as the star The statement of Samuel and his
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 Hemisphere, this might 97 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 I. e., be an astronomer.
n>> d o n . v b ì y ì n i y n v i s a n n > 5 ? o > n i n ? >a->!? a i o ^ -nat
m o i . n a : ρ π > Ν *> τ > ρ η t a i n TON a i r o . j m y y i ? } n o r u ? "pya
>3V) ιη>>ΐ?η> *T>PO N n . u ^ y ? " ! o n n ? ya? " T j n n ì o > a ç n ΊΟΙΝ i m
V ^ r i i n y y » VN'irim oip)p útá-) vwiy ϊ Η Ί ψ ' ψ n y y ? ì ^ n vairp
V p w ? l ^ N ] r o y n n n N -ryi n w r i n w n n o m i> ·>?)) - r > o n Ί ^ τ ρ
VNîn o i p o ϊ ψ ú i s n pvyiy î r t o y » ρ κ ψ n j / y a .otos

1
Ν " ) ? ? Ν ' Ο ΤΙ3 "'»Ν "TVl^ì VW ?
nv*io>ri >riaa o > a o N ì n i n a v m p n ^ n y m -tai i-ip>y ρ ίηκ
•)it»9i< N ì n a*).n ί ν π ρ » n > a ì rn!?^·; ^ γ ή n o ? iràyjv imo^-ip
'a") "iDN .ini} irayja λπό >í<y)> i ì n ^ η·>πρ-τ N ì n n inaivi?
ty Ì P ^ N n y t y n ΠΓΙΝ N i n r j r a v m ^ n *ÌON ,-tiDt a ? y > P "PV? Ν Π Ν
;?>ayja n m ija-η .νήκη iniN ytytn w y
ì>n î J N i o y ' a n -»on ï h o n n un y w >d n n 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."
HALAKHAH 3 633
99 This is t h e regular honorific given 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
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 T h e relevant part of the verse is
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 . "
100 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. T h e e a r t h q u a k e was on that
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 homilies, 20).
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-»> ηίυ^ udì
o>ao Nìn VNOin n i n a n w n j ^ a i n - o j il? - i o n . i o ^ i y a orçrçry»
τρί* toN 1>??,i2>? >Ί[Γ) ^ ί ϋ i n a Ì W 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 . H e said t o h i m , still t h e y h a v e
utility104: 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 of t h e sting of a wasp, one grinds up

Babli Sabbat 77b, by Rav Y e h u d a h in some f l i e s and puts t h e m as o i n t m e n t
the name of Rav. on t h e sting. He explains t h e s a m e f o r
105 Rashi in Babli Sabbat 77b t h e use of semamit f o r the sting of a
explains that as antidote for t h e poison scorpion, but t h e Babli (loc. cit.) notes
634 CHAPTER NINE
that the scorpion is a f r a i d of the "spider" is a l s o g i v e n by Rashi

semamit. Hence, it seems more likely Caraignée) in Babli Sabbat, the second
that flies carry diseases into wasp's lucertola "lizard" is more probable, in
nests and therefore curb their numbers, particular the gecko, Arabic ΪΊ3Κ dxo ,
and semamiot eat scorpions. which is known to eat scorpions.
106 The last two must certainly be Arabic tokd "poisonous animal", but cf.
explained as medical uses. Accadic summatu "pidgeon", simmatu
107 Arukh gives two Italian expla- "poisoning".
nations of this word, the first ragnatello
. o v - t m nnN oya i n w o n α τ o w 3 ί ο ψ τ >311 ^ ο^ΡΊ^γι ϊ χ

Dí
on .ova ϊ ι π ν o y ? I»! *
3 w v η>η ,Ν-τη ·)» >3ΤΤ r p > » n ,ηηΝ"; γ ι π ν ϊ χ m.nrp
Ν 3 ί η Ό)?) n>n ON baíf .ΠΠΝ Ν ^ Ν o v n - ^ ? ο ψ ι by inwna
OW3 ΝΡ3Γ) >1")·) ΝΠΝ >3") Ί Ο Ν ΗΏΗ .D^SÌ 0 ^ 3 Ì7D ty :|Ίΰ>? N3V"j
ΓΙΠΝ Ì73 :p3>? 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.
HALAKHAH 3 635
110 From B i b l i c a l nio η1?! "unsettled in earlier generations.
ceasing downpour". 113 This is a scribal error; R. Aha
111 Tosephta Berakhot 5:32, Babli cannot be concurrent with his teacher's
53a. father.
112 Somebody came with a c o l - 114 He is either the Amora R. Yasa
lection of older formulations and (Assi) or the Tanna R. Yose.
showed that the discussion was already
>13 ï t y DN Nnj?>ap n u ? w κύρη n n ? ayv n>n
=ir»o o m y i n > 3 ^ i n a i w v r v n ηη?"!? ns> i í O o n ) ns>
in^n? i w v n>n . 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 "Peace on you, my teacher."
there. 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 Since one may not mention the
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, "dregs, 119 The "tower" is no tower, but one
filthy matter"; Kohut compares Greek kind of sedan chair. Mishnah and
σφέκλη "dregs". Talmudim always speak of three kinds
116 Defined earlier as time to say: of sedan chairs. V u o i na'n πτβγ, the
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." The question here goes
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
garment. The substitute question now unrealistic form. [In c o n t r a s t to t h e
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 be
A similar question is asked in Babli covered by separate garments.]
.«1ÜO? n3?^» ìròy .*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 ΝΪΦ η η η ψ n ^ a n>?30 n&N
D y v n n Λ τ ή η α p n r i Ηϊφ rjnyi iti -tow·) J i i y : m i ^ v p p i o n n a i n ^ ^ p
i ^ j p n a "I&N nio? .n>> on
ninw? 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.

HALAKHAH 3 637
ni* a n n n ! ? wp>ai nmn ninipp n ^ y n í o t i >a-i d o n
>p>a ai>N >p>a n n N i >»>a j i n N i . n j v >n>a π η κ ì ^ ì d o!?iyn
.Ί3"|0Π r w a η^νηι n n n a n ) i i > N >»>a .Γόντ? n n t»v>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·) i n » > N >o>3
ν?* ·Γΐ>η ttnya rov ϊψί .rvri iî?>3v;3 3i>N ìy) ì j i ì n -13
ΙΠΝ"! i ] ? "ΙΠΝΙ ."»DI - > a i y * r u n · ) , 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 r i v i r i -»OÌN m i n ? >3-»

liypw ,oi> "ΤΠΝ ρ * } ? m n np?·) .ο>ρ*}?> ìnNi-ι N i n y vâ
nyv p>>pi i p n N W I N 3 - α N»N >a*i> Ï N Y N N P N P

"ΙΠΝ> ΓΙ3ΠΝ >N DV D>V>^Y> ÏÏ^? ON "»ÇN IDO
.yi"»p> η π Ν 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 ? O n c e in
124 125
thirty d a y s . S i m e o n the h a r d - w o r k i n g m a n 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 Hebrew, not in Aramaic.

s t a t e m e n t of t h e P a l e s t i n i a n 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 G r e e k κ α μ α τ η ρ ό ς "laborious, context.
hardworking" (E. G.). This person is 127 Just as one has to t e a r one's
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 13?3ίΠ>·> Ί3 1>Νίθψ ,3*ì D^? PVOV>"! ΙΟίΠ

>oip iiya w n n r i .rrçop i ? W ? o n ) , η ψ ο 13 r o t o n .n>tojp ρ n^óp
•ρ ï y Ito I O N ,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 rm?n w s .toy n*n n i i a v a r n s ù>y π^ψ

n
nto i o n i rnt niinito ' Ή w ^ ^ ^ Ί ΐ ? ^ )?!
Nt? n y p i v ) n > i riNìi n > r t o > y i o κ n p n t o -»pi* n ì t t ) .toy n>t>»a
n o i ;p»n n t o i o n . 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 TO to ^ » í o b n N n t o -»pN) .*T>ai»3
1V30 rù Ν3ΝΪ n p t o D P t??N NITTj ' Ì P Ì p VpTINI P V 3
.·)? nto i o n p n ? t a -Q i n νγιν N i n Njpn .ito t?>?N n?n nto
ν?? ^ì? t^V W ri)? JìiN o t o ? n ^ y i p i > n ^
p n s iniN 13 jin nto i o n .iN'iri-) rtoy -|>pn τ π i n y y pT>?

HALAKHAH 3 639
q p s v lia»? N a * iva»? 1 5 rì>> -van .rnt r r m y laiy
t ö n i ? *v?n tC? o i ^ ) o n n>> . n i n a b ^ w r i !w·) rrçtajfc
τ π π ν ι τ Ψ i)>3 îw - ) -Ç? r n t N>ny r r j i a j ^ li^P
Ninn ïii»-po>ri 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. That is w h a t is w r i t t e n ( I C h r .
26:24): "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. 18:30): "Until t h e d a y
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 . He r e t u r n e d t o his f o r m e r bad
ways. T h a t is w h a t is w r i t t e n : (IK. 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, lonian tradition (Seder Olam C h a p t e r

3
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. The parallels to this to r e f e r to the destruction of Shiloh
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." There are several inter- Jonathan (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
HALAKHAH 3 641
Dan. (βουλή) "summoned (council, senate)",

130 Greek πίναξ, "wooden platter". also συγκλητικός "of senatorial rank",
131 In Hebrew, "strange work". with Aramaic plural ending. Seder
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.
post-Diocletian Rome. "Treasury" from 135 Since prophets are usually ex-
Greek θησαυρός. perienced people, this one must have
134 Greek s i n g u l a r σύγκλητος been very old.
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 NAIN >A*Ï *V?N Π Ψ Ί Ν I N A -IOÌN
. ' u t -IÌN iN"j njjüi a>n;n Ninni 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." Here it is clear that the
extrapolated backwards. It is not entire statement refers to weather-
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. The
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. Rebbi Yehudah clearing of the sky R. Jehudah requires
says, he who recites a benediction over a new benediction.
the sun is on the way of heretics. 137 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. R e b b i Huna
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." 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 do not see l i g h t , ' we have 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
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 Ι?'** τ ϋ , ο ' γ π η win)? ^ n a n r ç m > n 3 n n > n TIN n i s n n
o w n N )τj :> n · · : Ν ΠτΝτ Ί ·Ί · . n oνo-n- • - m oν jτ w

·· ν 7V O V >3-1
· · D v"á Ν ΠτΝτ
, ο ν yçy *τϋ ν ι ρ Ν i n t o p i i n i , η π ο ^ ρ Ν > η τ ι π ψ *τν > ρ ν >3-»
nyi-jN Ν^Ν πΝ^ηηο oto? . π ί κ η η η >3*) >3 >ρί> >3η n m

_
" j n S OV 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. T h e rabbis o f
Caesarea say, until the f o u r t e e n t h day. 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 He is Rebbi Assi, in t h e Babli
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 one
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
HALAKHAH 3 643
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 lenient than any opinion
semicircle with its d i a m e t e r (ascribed expressed here.
here to R. Jacob bar Aha). The people
N τ» n .D>V n n W7DÖ
· τ τ: ·· » :
Ì7IOW'
··•:·
V n.·pιO
- ·
I O -N τ N ' Iτ V~ O - Q ~ >OV >21*i »1^3113
•
içi^ r y n s ->ον ο ^ Ι Ο 'V^ll
j i ì j i ì n > ί>ηι Ν>νψίη >?ri 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 ." Rav
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: ( G e n . 1:14)

144
' 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 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 This is the Babylonian version, holiday Amidah.]
given by a Babylonian. 143 Recite on the day of New Moon
142 The formula used on holidays to the benediction: " 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 Amidah: Who made us live, sustained us, and let
"Bestow on us, o Eternal, our God, the us reach this time."
blessing of Your holiday." There is no 144 The explanation is g i v e n in
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 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 .o>nön rpnpì i n a i a líni> >31
* rmN r j n a . D ? ^ ^ ϊ χ η - i s y r i ΓΙΝ ΝΊΠ CDJW - n i y > N i n o ? - ) 3 o n
i s 1 ? ? ) 1>13 >31 OW3 >3"! ·0>310ΓΙ n»0>?
y-ινπ . V T 3 o ? j i v o n ! ? "T^VI · Ή 3 ο ? 3 ? 1 * P>>P"! - Ή ? o^riîs
>ri£3 Ί 0 Ν 7 Ninn :D>3ion n>n>? n m .DD>?>vo
O?jp*f£I> r n ? N ÏN>? 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. Praised
be He W h o makes the dead live. That is, for Jewish dead. 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) Who makes the dead live." In the
quotes a baraita that parallels the Tosephta (6:6), the text is that of R.
statement of R. Hanina here. An Yohanan with the longer conclusion of
addition in the name of Rav Nahman R. Yohanan. The medieval quotes of
gives the second text of R. Yohanan these texts differ widely, cf. Diqduqe
here. The conclusion is simply "He Soferim Berakhot p. 330, Tosefta

HALAKHAH 3 645
kifshutah Berakhot p. 109. It seems always R. Hiyya bar Abba.

that the original benediction was 147 The end of the verse is: "Lo, the
simply: Praised are You, Eternal, Who 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 n#r>n
.Jinsn -οίη 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. R e b b i H i y y a in t h e n a m e o f Rebbi
Yohanan: Who is f a i t h f u l t o H i s C o v e n a n t 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 baratta. several that were current.
i w p n nriN-iJ n > >nV 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 >?Ν i n i N > η ν Ì ? "pvpvy >3-> η ι π
η»ρ\η >3*) o w n 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 The Babli (Sukkah 45b, San-
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. [It is obvious that in both
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 Rescue everybody from
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 Cf. Seder Olam, Chapter 1, end.
HALAKHAH 3 647
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 > rua?"!
>3*1 OW3 bNyÇV'? Ί 3 >NÍ> >3"! ,n>33 H ? φ©31 ny>3-> >7?
nai»p .Π3ί»3Γΐ Γ η ψ η γ ; n ? ηίτ?3ί .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 .nny)}
1Î7>3N i i 0 3 ì . ^ > 3 1 (foi. i4a) > i ? π ^ > η η 3 o w ? r m n > 3 Ί · ) roi>
r v p t n >3-> rrypy:? TI>3VÌ> P ' P P O ! ? N y y ^ >3"! ov>3 >3-» .Niny-^3
Ί 3 N7N
τ *
3 l -i ?: ΟίΓΟτ > 3 Ί Ι Ο- Ν
τ
."|>3Π>
· * : » • »
ΊΠΠ >0>3N
· · -s
Ί 3~ Η Ίτ Η
τ
3 1-1; D i r oτ >3">ì
ÏON -VN . r r y a y y r D * u > N i d r i o » Ï O >»>3N
.VN ΓΡ> I Ç N .m T >?K? Ρ ' Ρ Ρ π ! ? Ν Ί ^ γ ι ο ο Ni? >»>3N *i3 N-TN
>3")t> N 3τ τ0 >31 -»ON

- τ
.>3*1 ΓΙϋ>Υ>3
- · :
n>i> *tttN
- τ
.V3D VD rl>Ì7
I · τ " · ··
TON D öτ^τ rl>Ì7
τ : - IT
η υ ν >3") 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 . Is the seal e v e r s o a k e d ? But it is as if it w e r e
soaked. 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 . Rebbi
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 ? 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 If t h e r e was a d r a u g h t and a
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 A f t e r it was dry f o r at least stops and eats if there was enough rain
thirty days (in the Middle East, usually to fertilize the earth. If they already
for six months.) started to recite the l i t u r g y f o r f a s t
157 The d e f i n i t i o n is discussed in days during daytime, t h e n one stops
the second paragraph after this one. according to one of t h e r u l e s given
158 In Taänit and Bereshit rabba, above. [The Babli, Taänit 25b, knows
"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. T h e measure is that for fast days only.
w i p j i n ÏHJJI? np*i> ty IÇN "Ï? ΓΠΊΓΡ a n
i n i » Î1NV» Π3>0·! Π3>\?"!73 O&VUW ÌH^JW
Ì*TV > 3 1 i m .qs-iyjp ν ΐ ΐ η i o n ΓΙΝΙ? ,α>η >£>\?3 V I P . i t o i t iy>?>?)0
-Q >σν . r r p n a γ?>Γΐ o > m i d n ì w .rrnp? τ τ η ί η Nìny "tiy

HALAKHAH 3 649
n>>(3 v o v ì lori π)Γ)ΐ l y ,N>yn>? yp> ran N*I¡?5>? p ^ p apv?
NA^P'TO ΪΧ I R N I N ! ? ·)>Α>>Π L M N VÖ^N -ION
N3»p Ν"|Γ) Γ φ ο boia 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 - t h e r e in t h e n a m e of R. Y o h a n a n . It
quently quoted in both Talmudim. The seems that long texts w e r e 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 a l w a y s is q u o t e d together
"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 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 ? )
o>na\? n o y ó 1 » n a p n ^ n r i a n n i N n i i n > >a-> .-pnjo »an
" n v na\? v n "»oìn l a "pypvy .o'nap
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 vr?» n ^ j ? yiNn ρΝψ
How166 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 hand
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 . 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
T o s e p h t a Taäniot 1:4. 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 rabba 13(13), Rebbi Meïr is the moisture has to penetrate the earth
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 worked ground, three fertilizing periods in the language of
hand-breadths. 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
HALAKHAH 3 651
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 amount of rain water; hence, in the earth and not o f r a i n f a l l in the
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 Rashi e x p l a i n s in Babli Taänit
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 .Jiiipi o ^ i n n r i n ) ο?»π >an doni
.ηη-η n n a « na?") ."otn nnriia Ν>πψ n m n nap?? yw
n>31N1 T 3 *JD> VJVO? * >5N > 3 ΕΡΟψ* w Ο ^ Γ Ι Djî»
t O P ? no1?·) ")ÌV)3VÌ O W ? F Ò >3ΓΙ Ν Π Ν >3") O^ÌV ϊψ
.·χ*ΐΝη η * 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 Rab-
Rav Y e h u d a h is r e p o r t e d in Taänit 6b benu Gershom and S e p h a r d i c Rabbenu
that rain is the earth's husband because Hanan'el. Rashi, sensing the a p p a r e n t
in Is. 55:10 it is said that rain m a k e s contradiction, has a p r o s a i c inter-
the e a r t h give birth, while Rebbi p r e t a t i o n , that on b o t h s i d e s o f the
A b b a h u ( t h e r e and Berakhot 5 9 b ) says street the gutters w i l l spout w a t e r o n e
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 towards the other.]

652 CHAPTER NINE
169 This is the end of Rebbi Simeon appears as a statement of the Amora
ben Eleazar's text in Tosephta Taäniot. Rebbi Abbahu.
In the Babli (Taänit 6b), this passage
.nçN w p ì a η υ > η >vhì\w r m n > η o w ? n j p ì - e N3»?r) n i
V N "IIOiN " I ^ N 1? ^ V P Ψ ^ VVRÏ3 Ο'?!
no m n >ynivy W 1? d n , n m o > n >a> nniw
.oniN n > i v Dir»? o v γ ι π ν ι ο υ ο >a*i MÜH .n»¡?\y
. n î p ^ N D>VÎ1> ·»> 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
tree split rock. 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
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 . If this is so, w h a t d o t h e
roots of the c a r o b do? 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 of Rav Yehudah. The Simeon ben Eleazar in manuscripts.
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 The harder the soil, the less it is
shalmi Taäniot 1:3, Avodah zarah 3:6, penetrated by moisture.
M i d r a s h Bereshit rabba 13(19). In 173 These trees grow mainly wild,
Taäniot, the name is R. H a n a n i a bar mostly in p l a c e s unsuited f o r m o r e
Y a q q a , in Avodah zarah it is R. 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 The desirable vineyard.
171 In Taäniot and Avodah zara, as
HALAKHAH 3 652
P > 9 0 ) 0 "»ΓΙ} O ^ i V ^ N } V 3 W ) 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; it is truly a Babylonian
disinflation. formulation.
178 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 is a b s e n t in the
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 -to n
- τ
."d ο ύ π π
· τ - : ···
m τp' τi : w iτ nτ i v· a- mτaτ
o y a η : « na apv? o ' V n n o n ι!?>ιο o>pny) n!w o>«nn
.n^n ip-te u y ' i n ) w)p»p·; 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 . s p a r i i l i o n -iniN
αίν>η i o í n to "|B>? .n*n 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) one only makes a
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.]
. r m o nivyy^ υ ι ^ ] ν π ^ η ? υ ψ ρ ρ ι ψ κ t j n a -ιηίκ nsw nyiyn

182
υ ψ ρ ρ - t ^ N - ρ - α I O Ì N r n iyy>> t o ? ? row to ο η η ^
i w í o n n i o o v >>>> :pi>? κ ί η ψ η .row? wv^ νπι^ρι
υ ψ ρ ρ ->v>N * i m I O Í N aît» n v p y n .rmyn l i y
njoiN Νΐηψ? .i'jto ηίν>}£ ν™*»?
Ν ί η ψ n^W·) ìIl^Pì -»mi . i ^ t o TÛ>\?Î ϊ χ

183
He who makes a sukkah for himself, says: "He Who sanctified us by
His commandments and commanded us to make a sukkah." For others:

HALAKHAH 3 655
"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 and
c o m m a n d e d us t o m a k e a lulav." For others: "to m a k e a lulav in that
one's name." 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 or pronounce the recipient's name at the
lulav f o r somebody else is found only place reserved for io®1!.
here. Hence, the source here is not the 185 In the Babli (loc. cit.), this is the
Tosephta which also starts with a opinion of the B a b y l o n i a n Samuel,
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 . In t h e
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. S i n c e R.
in Sukkah 46a but a s t a t e m e n t 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 or t h e lulav, but 186 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> .nntp .toî? rrçnyn
. n p t ) ? n i ? » ì y i i f ^ i VTiwi wwTi? ιΟΓΝίρ

656 CHAPTER NINE
•Vâri niiio wato Νΐηψ3 .'id ί π ν > .'id ηψίνη
r j m l ö i N ιψνΡΟί o i i n n ."ο .'ID ΊΠΝ> .'ID Jvsn« η γ η ν η
ηηη^ι 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 ,ίηψ>
,ο^τπ >it»D ϊ χ Ί η ί Ν ηρ?>ρπ . n o > n \ y n « 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 tefillin" one benediction. The Tosephta (6:10),
188 The tannaïtic text of the Yeru- representing the Babylonian text as
shalmi here clearly requires only one always, does not have the notes on
benediction when both tefillin 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 2:3, that requires two tefillin," which is the main benediction
benedictions, one for tefillin on the arm in the Babli (Menahot 42b), followed in
HALAKHAH 3 M l
Sephardic practice. chooses the wording "about", if the

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." The if the action is done in delegation.
Babylonian formula is "to wrap our- 191 Of slaughtered f o w l and wild
selves in zizit" animals, Lev. 17:13.
190 It seems that the Yerushalmi
13Π > I N ìy «V^PP Π1"1?
.WIN o r n i * ï y ic>3?n> s ] v n ^ o ? w ^ f ρ "»ψΝ i n a "iniN
m T i n > in>o>D?ri •)? n n j ^ 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? nain>i
τη* w n w >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 Babli than to the Yerushalmi.

6:12 and in Babli Sabbath 127b. The 193 Tosephta and Babli add: "and
text of the Tosephta is closer to the good deeds." The Rome manuscript has
658 CHAPTER NINE
only "the marriage canopy." Abraham, Isaac, or Jacob. The text of

194 The commentators of the Babli the Babli is slightly longer than that of
have identified the "beloved" as either Yerushalmi and Tosephta.
Ί8Ν ioin 3 i - V v ^ i t e ">?ìv i o n i j n v > 3 1 Î D ^ V ni.})? n'W
o v ? 3 γ η > 3 1 >3 > p v > 3 i - I O N I Njìn a*n ì n ^ w v Jiyyá
vm . 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!?>y33 ν ψ ν ρ ρ onpiN
. n i » Nin η 3 » ι ρ r n » hï .ΠΙ» κ ^ ψ \¡¿N1 .>(ibn> Hty
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 ? Rebbi
Yohanan said, just b e f o r e he starts d o i n g t h e m 1 9 5 . 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 ,
qiddusin by sexual relations198. R e b b i J o n a h said, y o u h a v e o t h e r s :
Tefillin 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
puts 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. The Yerushalmi r e q u i r e s a
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
196 The shofar on Rosh Hashanah, makes no sense; that statement is then
since obviously one cannot blow and dropped and only immersion is left for
HALAKHAH 3 659
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 As noted before, the text pre-
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 and, as
198 Qiddusin is the first stage of a explained e a r l i e r (2:3), in G a l i l e e a
marriage in which the bride becomes benediction was recited when tefillin
bound to the husband, in preparation were taken o f f . 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 tefillin
a possible form of qiddusin. 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. In Babylonia it seems to before those of the head were put on.
have been used since the Babli (Qid- 201 Since tefillin on the arm and on
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 are both tefillin.
1? ' p v ,oin\|)> - a i y i ç î n -)3nv rpap w n <i\?>ny>
ρί"Τ3»ψο n n y » . n j i o ' n y !?33Tm Htpv n»^ .oiny»^» ipiN wiiro
.rryvs»? n > y o o r i n a n ÌÔJT >?ri . o > * w ? nptn .v?9>pn
oiyo i n r i f i ^ i oWp >3-» . η ρ η Ν η ψ w w i m
When does one recite the benediction for sehitah202? Rebbi Yohanan
says, if he prepares to slaughter. Yose ben N e h o r a i 2 0 3 says, after he
slaughtered. Why? 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 . Should one question whether
they were pierced 2 0 8 ? Rebbi Abba in the name of the rabbis f r o m
there 209 : Intestines have hazaqah that they are in order 210 .
202 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, t h e inter-
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 A Palestinian authority of t h e follow the Babylonian tradition. 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 If during the act of s l a u g h t e r , is in the continuing state (hazaqah) of
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 been
(for example, if pressure was exerted ascertained t h a t it w a s correctly
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
in vain. why it is terepha. If the slaughter was
205 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, "torn" and u n f i t f o r remains permitted food.
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: why not wait and 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 It is reported in Babli Hulin 9a
for possible terepha! that Rebbi Abba asked precisely this
HALAKHAH 4 M I
question from Rav Huna. assumed there and in the h a l a k h i c
210 The entire discussion seems to l i t e r a t u r e that o n e f o l l o w s 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. The problem is not emergency slaughter when the opinion
mentioned in t h e B a b l i , but it is of Yose ben Nehorai is considered.)
i n y m rm>n i s » ? . n ^ n ^ a ^ n t n n ">3)w> p y n n - ) .1 m v a (foi i2d)
N 3 n>n Νίψ n£>an ή n n >jwn l i î n >n> i o n · ) j t i j ì v » ?
n ^ a n it n n 7 i n i n>n> Ν^ψ ·ρ>η >n> d o n *i>ya nniî 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 ."»ayjan ïy n>:n :t n a i n (foi. i4a)
np>y >ïo? o w ? n a ì ? n i i n ? >37 . - i a i » n *t>? " » p i n ? n a n o w ïy
N>n K i n . n a p ? n > w v 3 î>rn -inNjp ,n>n n?>7 n-m»y
bnn ιπνο ,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 ) .nap?
15
» •·
* ηι ο·· ν a > n : n N ì n N iτn"! , > 3 ö o n>n>
ν : ·
- τ τπ νν i i y m τ» : NI T
w
, n nτ >: nI T n i i W N - i· nΤ
. o ö ö n*n>
....
ί π.. ν- l i y ΗΪΗ
τ τ
n - >τ t: tINT 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 CHAPTER NINE
male. 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 . S h e said, a n o t h e r o n e w i l l b e
f r o m me. 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 Bereshit
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). In the l a t t e r s o u r c e , R.
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.
40 days of pregnancy when the fetus is 214 In both versions of the Tanhuma
not yet a living being. The Babli (Buber Wayeze 19, Standard Wayeze 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 to All M i d r a s h i m d e r i v e t h e n a m e of
perform wonders. Dinah not f r o m "law, lawsuit", but
213 The name is missing h e r e in the from ή "enough", meaning "we already
Venice p r i n t and t h e L e y d e n manu- have enough boys."
-iniN iptn ipna ν^ψ nioi i n w inn rpin n i n>n
. » α ν tCj n y j n j n o y p
HALAKHAH 5 663
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
216
Mishnah 5: He who enters a fortified place 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 w p i :ÎI n a î m (foi. i4b)
: ρ τ ρ > υ ρ υ ρ η ψ »riiaN > n > N ) * l i s n >π> .-IOÌN i n o i J i o ' p a
1? .'13 * q ^ a i p >}N r r r i o n p i N iJiN»3>a .Di!?y> rrç
>n> ~I>?ÌN N i n i n t » ? p a . ί π κ ^ ρ o ? n y n i n t o p p a o>riW y a - ) N -IOÌN >NTY
lESÌN 03DD ,θί!?ψ> ^ "P T P> »JliaNt ' Π ^ Ν Ι λ Ί^Ί
q>53>)? i f c n >n> i ? ^ i n N > n > N i ·>τύι< » >?n r n i o
>n>Ni >rùN * >n> ->»ÍN n í p ^ p toin» >3N»3iny
'D^tf * >?ni n - p o i o í n ns> r\\ t o o >3N>sh:rrç> > r i i a N
D Í P 9 > ÍN OÜ7WÍ7 >JVa> ή * * ) >n> 1? >3ΓΙΝ!ήη^
ON .ÎJ-Q> 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 That
218
means , 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.
217 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 Bavli
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. The printed which is disregarded in the other
HALAKHAH 5 m
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. P r a i s e to You, Eternal, Who version one has to recite the p r a y e r
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. By c o n t r a s t , 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
218 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. The can kill with impunity.
i n 8 ino>5D3 . 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 * ÏÏTJ >rnx»>? o m i D ^ n OD1? " m ? -IOÍN
.NOPN? ΟΙΝΓΙ JIY ΙΨΝΐ 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. The word niTia appears only here;
221 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 nîVn
-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 ><ro>?>
. 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 >n>N >'> q>D3>>? l i i n >n>
>3>>yri·) r n s ? >rm>n ΝΠΙ^ ON·) "ο^τ tw")
>'> >3hf n i ì o - i n i N Ninyi? . N i l i in it»
iiN .nì?ìo>3 ^ r o p ? r n p N ΝΙΓ) ΊΓΏΝ ' i n n m ,ιίΜΓΐ 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 Jû>?n ·)ΐ ü\yin> >5-» o w a ή ο > ρ

222
When one enters the thermal bath , 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
HALAKHAH 6 667
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 . But in a

225
t h e r m a l b a t h that is n o t 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
water". 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 .
222 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 not mention accidents lest they happen.
a boiler room below. Sometimes t h e This a t t i t u d 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 A geothermal bath, as in Tiber-
the bathers might f a l l into the open ias.
fire below. 226 An Amora of the f o u r t h gene-
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.
(60a) and Tosephta (6:17); t h e manu- 227 It is not clear whether it does
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 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 T D ^ i f * ΓΗ* Κ ^ Π Ν Ι
tin N i n i!?>î)ni V"iTn i ^ u i aion
Τ7ΊΟ Ν ΐ η ψ r m n i ΊΠΝ - α τ .tpinn-im q·}*'?"^?
.ΊΗηι TN>3 to Γφ» >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 This sermon identifies the roots
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." It supports the e a r l y
declared in Mishnah 3. Here one talks grammarians w h o r e d u c e d Semitic
only about the spirit in w h i c h the roots to two letters.
o £ i y > Di"i)p r m N · ) ο ψ b y r n ov? f i a î m (foi. i4b)
ΊΓώ Ninïb i l i lyjv 071 ηψι .rov>yn by obiyb

vitsb bbn nbipap iriii Ninwpi . i i m 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 This is a term f r o m c i v i l law; the contract makes his position
the person whose position is strongest strongest.
is the one who does not have to prove 232 Latin dimissio, throwing out the
HALAKHAH 6 669
indictment. pointed instrument; arrow".

233 Latin spiculum "thorn, dart,
.rnnîN * 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 r n
οιο .rnT>v>N >J3V n y i y ΠΓΙΝ TOO O N .NÌD v m ¡ ? n >?a> i n ion
.nnnîN r g -pni 7 5 p i . η γ ψ Ν my rrçhy n j w o a y ) n
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 : ( Ρ s. 1 0 1 : 1 ) "A s o n g o f
David. 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 : If Y o u act in k i n d n e s s
towards m e , I shall sing. 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 author. T h e r e a r e many other names

Babli (60b), this homily of R. A h a is 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
234
Rebbi T a n h u m a ben Y e h u d a h 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 The name "God", majestic plural to natural law.

of él "power", is always interpreted in
670 CHAPTER NINE
* ονήί rns * Nyis Jiivw> V*Ì)?N
V> 1
Ι Ί ' Ν Ψ NÌD 1 7 V >1-1 I O N NIÍ?Í< ÏÏ? I*? ) V3
cporm n p ^ p i ,·)Γΐ3 D > ) p r ) i g ι γ ι μ ο q n i i p * ovy >π> νφ i r i ) * -ION
.ún n^)?? n p ^ s ì .n»*pa *iiy .Πΐ?^
DÎDIV» I N 1>33 Λ 3 Π J1>2Ì Ν1Π >'>1 ΟΊΡΦ'ΪΟ >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." 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
t h e N a m e of t h e Eternal. 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
Job said ( J o b 1:21): "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 Literally "Father's building."
attributed to "rabbis". T h e theory behind this e x p r e s s i o n is
237 A l a t e A m o r a , s t u d e n t of R. t h a t e a c h w o r d in t h e T o r a h has a
Jonah, whose n a m e is frequently unique meaning. 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 chrono- the Bible as rule #8 of the 32 rules of

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 The prophecy of Michaihu starts rounded by all the Hosts of Heaven.
n j w >? v i J1N3 ο κ ψ n n n N Ç n w y . n i o » o n w p i narjN)? n v v
VKi .*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 HVt
241
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? The answer is that both
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 in t h e
verse in Deuteronomy says: "You must following.
love the Eternal, your God," as quoted 242 The obligations that the Jewish
in our Mishnah, but a n o t h e r verse religion puts upon you.
,n>o?n n o v i n s vmai .'api vmai ,>o?v) v m a i n p v m p njnw
VVP w i s .ηΐΓ)ϊ< v m a . nN-¡> v i n a .ns^v^ì ^ i n vtn vnna
•>NPp v m a .ni*»? T > i y n ì n i >> < v p N >ap'í v m a . N a ^ o ï y Nfflisn
ti>n-î i n o .n»D?n n o v m a . 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 , η ^ α "Tiy N ^ n o >>
r ß Vi* nanN vma nN-p v m a .nm-p niso τηιΐΝΐ
τ τ : - :
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 different 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 that the first five are mizwah (Qorban haëdah, Eliahu Fulda);
" d e s t r o y e r s of t h e w o r l d . " In t h e I cannot pay now 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 Mosheh);
five are considered in a negative light give me money because I am so holy
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 IJDN} nis n n y m ^ T P ï a i o Vin *Ì*> rtyy WIN on-pN

247
* m îun: . ( m i n n o n n i ) J i n a n i » y ni-o*} h ù t s *νψ3;η κηκ
. r a - t p n ^ η >?>·) N o y o ' n o . ί η ι > ι i n n i i a *τί»ν> η?η

HALAKHAH 6 mi
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 Taking Vbn from the noun V^n
lost". "corpse" (or from Rabbinic Hebrew
248 Abraham compromised with his "empty space"), not from Biblical Vn "to
evil instincts, taking "him" to refer to tremble."
251
Nj^y njwi j r ç h n " " o ì s n w w >oip i n n o ο » ρ τηη n ^ p y
OYAP >Ν TIN « Ή Η >Ν N A O η>> *V?N .ΠΓΜ ηηρ ηρ Η Ψ .yçy> nnp"7
OYÎP Ν ^ Ι H M VY-JN N ' Y ,N*NA ΝΙΠΪΤΤ Η > Η Ι Ι Η > > -IÇJN .J}N ΙΗΙΟ>Η
>RI)P>N - I N W · ) "ÌYVYR? > Τ Ι » Η Ι .Η» P Í O S > Η Η Ρ >NI>-IO NJN WITNN
.TJ-JNP-ÌO:» QYJSR^?1» :PN>TF * TIN RANNI , N > > IJW^V?» ÌNÌ3>
.>!? np>*T3 m,r) N^ ^ a r i r ç a i n>ri>?n-p 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 ^ .RPRM Η Ρ NJN
252
Rebbi Aqiba was tortured before the evil Tineius Rufus . 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
674 CHAPTER NINE
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 Reading of the Rome manu- Renan and Schürer. (Graetz writes
script. The Venice print has o m o Tinnius or Titus Annius.) Babylonian
OlDIIB. sources give the name as Dion Dime;
251 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 Babli
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 and married Rebbi Aqiba. A story
emperor Hadrian. The form of the closely similar to the one given here is
name Tinejus is accepted by Mommsen, told in the Babli (61a).
o'•jin n p ^ i n j v o n y v >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
τ
Π
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 .
253 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. Hence, it seems Aqiba's student. (The tradition of the
HALAKHAH 7 675
name in Pesahim 22b is doubtful.) not original with him; in t h e G r e e k

The method of inclusions and 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
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. In t h e v e r s e in
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 This is the reason that R. Aqiba
254 The particles denoting exclusion was willing to be t o r t u r e d to d e a t h
a r e ρτ "only", ηκ "but only". 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. T h e i n t e r p r e t a t i o n given in
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 "T»? i w ï ô η κ ο ™ }p> η ΐ * » β (foi. 12d)
iirniûNni toìopni top?»? n ? a n -in} . c p y n ^ n > γ π ρ n>? t m s
>ητήιν!?3 .-»pirn b p p np>p-yi . n n ^ n a p la^y? n ^ I vbn paçpi
oîy ν « ^ w » V?>en topini . o ^ y n ·)» v n « π ρ ο ? ν η ψ nionan
Νη»ψ w p r ç r o oîyn lyi o ^ y n ρ o n p i N ίη»ψ u ' P ^ n 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 not enter with
on the Mount of Olives had to see the unwashed feet.
Temple door through the gate of t h e 260 Latin compendiaria (via), cf.
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 Instead of "Amen", the answer to
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 , from
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
HALAKHAH 7 677
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. [That following Boas's example.
"heretics" are called "Sadducees" in 263 The men of the Great Assembly,
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, but not here, means violated the prescription of the Torah
"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 v m - j a i n rrç n n o > o b>v>on >?n :T n a i n (foi. i4b)
Ν"τη i l l >3 >3Ί Ί 0 Ν .OÍIT ÎJSin Π^ Π Ο ^ > ~ ί
οίριρ τα^αι . D i p o " ! ? ^ "wpiN r a > p v ο*??!?} o > ? t a n ρ Nnojp
v n i n N i r n t ö > v i s iri> v ^ y ì TIÎS π ρ > ο η >3η οψ
o > 3 i s r i ί ο -»ηίΝ >th> .«Ηροη η ν ψ ? rmn> m ν ^
H a l a k h a 7: It was stated: 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 To d e f e c a t e ; then his f a c e is negated by the Yerushalmi.
towards the Temple and his back away 267 Even o u t s i d e of t h e L a n d of
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 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 . It is im-
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 . But one should Yerushalmi would be in this question.
hesitate to f o l l o w t h e m since in t h e 268 Separating between him and the
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 , the 269 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 . In t h e
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> η η κ >ru?pi nn>py >a-i (foi. i4c)

m via ν>ί :nyn ί τ ^ ΐ iwv vjvn-i "pn> i o n .Divio nn
n>n ι a "pypyj i n Hïy vp>3 ìO) m
RM>io no to N M .ΗΨΝΡΟ JIÍN->> Γ Φ Ρ Ν >ΙΠΝ ,·)? -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,
HALAKHAH 7 679
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- 273 The Babli and the Yerushalmi
room. source Derekh Erez 7 explain that R.
271 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> >?TI
Ji>a :j>ri "»ioy o y o nj? Xìn?» tornisi! únoa
i?ï< Hiï VM >? >?a> I V N i » ! "»ni* r m r v n j >?*) . o > n > # n

-
>3?> nn? ) n o ? η η κ ϊ χ .·)? n n n p nn>> .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. was conceived.

275 The semen from which the king
680 CHAPTER NINE
JIN "Tin? ty Ν > η ψ on no . - « p i n ) !?¡?>? ni7>p*yi . n n - ^ a p w ^ ? ηϊ
ty Ν ' Π ψ Π(7>ρ-| . H O N DOÌN

276
" 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 . « n p a a IJON i>?iy v n N > >?ri
^ jiN 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 for
279 A formulaic word meaning: every benediction and praise. 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 63a,
such and such is true?" explains that this means: For e v e r y
280 The full verse is: Rise up and single b e n e d i c t i o n and e v e r y s i n g l e

praise the Eternal, your God, from praise.
eternity to eternity they shall praise
γη rv>3 m>3pni γη jpa n n onyr ηψ^νρ >3-1 don
. - » n p N Ji^JDpi ,inn> γμο-}0 ID ΝA 1D9V
ιη>3ρπψ n£n .-rça n>-¡ .Iwnw? N o n . i n n > ty π κ η ο ογή

HALAKHAH 7 Ml
âp-j n ç N a i , - ι ο ί η toî?") m>>p .-»ripis .109V VI

1>3pi . ο φ n>ao tyia nan") .oy>a o t o y νΐ?·>Ηψ ιη>3θηψ i ^ p a>ri3
-tili qpv ^ -MON»! -nn}ri ."inpy V I n>a
irç iNun "»Ρξοψ iii-iyyon oya γαπ >3Ί >ηπ
- r ç i Ι3ηί> >3-1 o y a n a -»3 ή ν ρ ν ">a >pi> >3-) . » 1 >>3 ino "m

n a N3N
τ -
ai") i a ^: n? >a-n
· • :
η>3Ί3
» : ? :
>a-> . n τaτi :s Min » 1~ noi!?
-
to i ^ û: nτ >nv>
m
· τ
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. After Akhan transgression of his command was
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. Hence, 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 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 or i n h e r i t it," as d u t i e s on t h e land
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. These
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 the obligations of the
invalid in a court of law.] remaining Israelite population of
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
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 re-
Midianites. This shows that heavenly settlement in Galilee. T h e continued
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. The d e p e n d on t h e L a n d t h e r e f o r e is
argument implies that Gideon, who was derived only f r o m the voluntary
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.) Boaz w a s 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 The problem alluded to here is inclusion (Neh. 10:37) of 'the firstborn
discussed in Y e r u s h a l m i Shevi'it 6:1, of our cattle and flocks' [an obligation
Qiddushin 1:9 and Babli Arakhin 32b, that does not depend on the Land and
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

HALAKHAH 7 Ml
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.'" The
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 Command
have said: " H allah (the h e a v e to be gives Divine R e w a r d . Hence, the
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 (Num. 15:20) but the Command of human origin.
Sabbatical year is now an obligation 288 The Rome manuscript does not
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. 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 Mai. 3:10: "Bring the full tithe Yose in t h e name of R. Simeon bar
into the (Temple) storehouse, so that Abba."
there may be food in My House, test 289 Identifying the negation 'Va with
Me in this," said the Eternal of Hosts, the root nVa "to wear out."
mTin η : π o n γ η - a >oi> r r > - > ç n ropj ο ran
on ^ φ κ « u p t >? m n i?N"! Njpj;\? n o od^V ^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 (foi. i4d) t n o j p i r o >an . t j r n i n n a n ny
ifl>p m n o 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 .nn?
nriN"! n a p m r i n ) l i o y n n i n n ρ ιηπ> ninnri JVN*Ï ON
n y q^-jiri n a n N n y u n o . 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? " 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
Eternal." 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 nyyii .-115 n y ^ ? n o w n>n
ν η ρ ψ ysrr! 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 .WÍÍD DNÍ .111
r o v >3*1 .οί>3ψ n i y y - t m n * i i r n y p > r j n s D T N - ^ s 15 .ονιψ
Λ» Ό· ΟΤ Ν ΤΤ ί "η ί Ν ^ Ν > 0 0 > 3· ί 1>Y>*3

τ τ τ I · · τ τ τ · Τ Τ
1•3V >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.

HALAKHAH 7 m.
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 sentence about silence as
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
of Rabbenu Jonah to Pirqe Avot, 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." T h i s has jewelry, to keep within accepted norms
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. of behavior.
Zerahiah Halevi to his Maör haqatan,
D>)?V OÌ> η ί Γ Ο Ì N ^ p D>7>pQ J l ^ i p ? 1 ? ή ? φ ύ >3*1 -IÇN
Nina n u m lywi ini3>3n inisi N n ? > o p ι π ν .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 ι η ψ ν rm>m> n ^ N ì ,v>>o ν ψ n t p rrç
N>n invi iv? . f t n w p m n j y v n j v r i Tb toijm

.-in*!? 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 some of the Sadducee Qumran scrolls,
been identified. It might be similar to 296 The Torah.
rii^n DNO n ^ i y ú w ini* γπ ' i i own >ari

1
tynnypi i n s ni* nno*^ in?)? jin ϊοίρ
j i ì s o ΐ Ν ψ πψίν - ! i n n i rnvpy roiovp o>oy? π ψ ^ ψ nnnN>i
i m O f l ΡΝψ DIN VN 1>Nn Π>Π p") l'iati
iiyaa injpfl? m n p i i y i ^ a VâJ?» w ì ó ? V ^ W ÌHÌK nia>j?£

:ρτι>£π oí»? ION "ΪΉΨ NID .ìjiìn iJi>>\?a ya"»*}
03?? .02#n>i VNn>> >> Γ φ π IOÌN ΪΌΠ p i .ηρΐΐ» >\?av>?
pT>? .nììoan in or»y ft .omy iiì* nio
ϊϋ Nìn n m v m p n } 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
HALAKHAH 7 687
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 on his head, tefillin on his arm, a
mezuzah 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. He
said, w o e to me that I am stripped of commandmends. 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 The implication being that the
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.
reached automatically. 300 David.
298 In order to end up with a count 301 Taken not as an eight-stringed
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 Tehillim on the eighth day.
TUO .OîVa 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 means "rabbis" but here it genuinely
as conclusion of the tractate; there, the means "students."
expression "students of the sages"
Indices
Index of Biographical Notes
Abba bar Abba 18 Rav Abba bar Ablmi 648

Abbaye ben Rebbi Benjamin 451 Rav Abba bar Hana 86
Abdan 356 (Rav) Abba bar Jeremiah 188
Rav Ada bar Ahava (Ahawa) 103
Bar Qappara 135, 152 Rav Aha bar Jacob 135
Ben Zoma 147 Rav Cahana (II) 247
Rav Hamnuna 103
Gamliel the twin 489 (Rav) Hanan bar Abba 137
Ganiva 323 Rav Hananei 399
Gedilah 274 Rav Hisda 99
Rav Hiyya bar Ashi 122
Hananiah ben Hananiah 5 Rav Huna 126
Hillel 685 Rav Jehudah 160
Hizqiah 130 Rav Jeremiah (bar Abba) 44
Hiyya, son of Rav 595 Rav Joseph 81
House of Rebbi Yannai 372 Rav Matlanah 123
Rav Meshirshia (Mesharshia) 227
Isaac bar Abba from Mehasia 501 Rav Nahman bar Ada 204
Rav Nahman (bar Jacob) 160
Jacob from Kefar Naburaia 604 Rav Samuel bar Shilat 525
Jeremiah the scribe 353 Rav Sheshet 382
Joseph (Issi) ben Yehudah Rav Uqba bar Hama 187
(Aqabiah) 274 (R)Abba bar bar Hana 168, 596
Joseph Hacohen 274 (R)Abba bar Rav Huna 163
Rebbi 53
Levi, cf. R. Levi bar Sisi 203 Rebbi Abba 59
Levi, the son of the Nazir 170 Rebbi Abba bar Aha 149
Rebbi Abba bar Cohen 275
Mar Uqba 101 Rebbi Abba bar Hana 578
Menahem from Gallia 384 Rebbi Abba bar Jeremiah 82
Rebbi Abba bar Kahana 246
Rabba bar Mari 267 Rebbi Abba bar Marnai 348
Rabban Simeon bar Gamliel 267 Rebbi Abba bar Pappus 46
Rav 9 Rebbi Abba bar Rebbi Pappaios 195
690 INDICES
Rebbi Abba bar Zamina 352 Rebbi Eudaimon,

Rebbi Abba bar Zavda 135, 202 brother of Rebbi Yose 428
Rebbi Abba from Carthage 371 Rebbi Eudaimon of Haifa 203, 353
Rebbi Abbahu 165 Rebbi Eudaimon of Sepphoris 375
Rebbi Abba Mari 108 Rebbi Haggai 202
Rebbi Abba Mari, Rebbi Halaphta ben Shaul 134, 321
brother of R. Yose 520 Rebbi Hama bar Hanina 138
Rebbi Abba the red 610 Rebbi Hama,
Rebbi Abin bar Hiyya 165 father of Rebbi Oshaiah 233
Rebbi Abin, Rabin 73 Rebbi Hana 396
Rebbi Abun 122, 137 Rebbi Hanania 181
Rebbi Abun bar Rebbi Hiyya 244 Rebbi Hananiah bar Pappus 389
Rebbi Ada from Caesarea 402 Rebbi Hananiah (Hanina)
Rebbi Aha 57 ben Rebbi Ada 114
Rebbi Aha bar Isaac 375 Rebbi Hanina 53
Rebbi Ahai 158 Rebbi Hanina bar Andrei 62
Rebbi Ahawa Rebbi Hanina bar Hama 71
the son of Rebbi Zei'ra 406 Rebbi Hanina bar Pappai 171
Rebbi Ammi the physician 187 Rebbi Hanina bar Sisai 493
Rebbi Ammi, Immi 76, 85 Rebbi Hanina bar Yaqqo 652
Rebbi Aqiba 317 Rebbi Hanina ben Dosa 422
Rebbi Assi, Yasa 79 Rebbi Hanina (Hananiah)
Rebbi Avina 490 ben Gamliel 433
Rebbi Ayvu 406 Rebbi Hanina ben Rebbi Abbahuι 383
Rebbi Azariah 72 Rebbi Hanina Eyntanaya 415
Rebbi Benjamin bar Yephet 232 Rebbi Hanina (Hananiah)
Rebbi Berekhiah 125 the colleague of the Rebbis 59
Rebbi Bibi 116 Rebbi Hanina Tortayya 316
Rebbi Cahana bar Malkiah 472 Rebbi Helbo 125
Rebbi Cohen 272 Rebbi Hilqiah 667
Rebbi Crispus 265 Rebbi Hinnena 64
Rebbi Eleazar 166 Rebbi Hinena bar Isaac 466
Rebbi Eleazar bar Avina 131 Rebbi Hiyya (the Great) 41,66
Rebbi Eleazar ben Antigonos 225 Rebbi Hiyya bar Abba 142, 272
Rebbi Eleazar ben Azariah 146 Rebbi Hiyya bar Ada 241
Rebbi Eleazar bar Joseph 548 Rebbi Hiyya bar Josef 57
Rebbi Eleazar ben Rebbi Hoshaia 434 Rebbi Hiyya bar Pappos 462
Rebbi Eleazar ben Rebbi Menahem 77 Rebbi Hiyya of Sepphoris 375
Rebbi Eleazar ben Rebbi Simeon 300 Rebbi Hizqiah 57
Rebbi Eleazar ben Rebbi Yannai 435 Rebbi Hoshaiah 202
Rebbi Eleazar bar Zadoq 277 Rebbi Huna 61,94
Rebbi Eliezer (ben Hyrkanos) 40 Rebbi Huna the older of Sepphoris 375
Rebbi Eliezer, Rebbi Huzpit 360
son of Rebbi Yose the Galilean 404 Rebbi Idi 103, 194
INDEX OF BIOGRAPHICAL NOTES 691
Rebbi Uaï, cf. Rebbi Lia 216 Rebbi Meir 6

Rebbi Isaac 370 Rebbi Miasha 135. 255
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 7
Rebbi Ismael 60 Rebbi Nehemiah from Emmaus 674
Rebbi Jacob bar Abba 357 Rebbi Nehoniah bar Haqanah 351
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 360 170
Rebbi Jacob bar Zavdi 227 Rebbi Sabbatai 563
Rebbi Jacob from Kefar Hanan 426 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 70 Rebbi Samuel bar Nathan 138
Rebbi Jehudah ben Rebbi Illai 68 Rebbi Samuel bar Rav Isaac 221
Rebbi Jehudah ben Simon 31 Rebbi Samuel bar Sotar, Sosarta 63
Rebbi Jeremiah 135 Rebbi Samuel the Cappadocian 230
Rebbi Jonah 103 Rebbi Samuel Tosephta 286
Rebbi Jonathan 181,, 193 Rebbi Shammai 312
Rebbi Joshua (ben Hananiah) 5, 71 Rebbi Shila 399
Rebbi Joshua ben Levi 83 Rebbi Simai 133
Rebbi Joshua ben Qorhah 175 Rebbi Simeon (bar Iohai) 83
Rebbi Joshua from Sikhnin 344 Rebbi Simeon bar Abba 113, 166
Rebbi Joshua the Southerner 446 Rebbi Simeon bar Halaphta 66
Rebbi Josia 306 Rebbi Simeon bar Zevid 245
Rebbi Judah bar Titus 303 Rebbi Simeon ben Rebbi Eleazar 262
Rebbi Justus ben Shunem 593 Rebbi Simeon ben Laqish 72
Rebbi Levi 62 Rebbi Simeon ben Yozadaq 281
(Rebbi) Levi bar Sisi 203,, 246 Rebbi Simeon,
Rebbi Lia, La, Illai 216 brother of R. Berekhiah 520
Rebbi Mana 77,, 119 Rebbi Simeon, son of the Nazir 583
Rebbi Mani (Mana II) 119 Rebbi Simeon the pious 397
Rebbi Marinos, Son of R. Oshaiah 494 Rebbi Simlai 313
Rebbi Mattaniah 165 Rebbi Simon 62
692 INDICES
Rebbi Tanhum (Tanhuma Rebbi Yose ben Gezira (Quzira) 685

bar Abba) 417 Rebbi Yose ben Rebbi Halaphta 7,
Rebbi Tanhuma 55 237
Rebbi Tanhuma Edreya 425 Rebbi Yose ben Rebbi Hanina 235
Rebbi Tanhum bar Hanina Rebbi Yose ben Shaul 522
(Hanilaï) 387 Rebbi Yose ben Yose 307
Rebbi Tanhum bar Jeremiah 533 Rebbi Yose from Sidon 380
Rebbi Tanhum bar Yudan 467 Rebbi Yose the Galilean 281,404
Rebbi Tanhum ben Hiyya 186 Rebbi Yudan 108
Rebbi Tanhum ben Rebbi Hiyya 114 Rebbi Yudan Antordiyya 345
Rebbi Tarphon 112 Rebbi Yudan bar Rebbi Ismael 364
Rebbi Tavyome 161 Rebbi Yudan bar Pelaiah 670
Rebbi Thaddeus 505 Rebbi Yudan bar Shalom 637
Rebbi Ulla 445 Rebbi Yudan from Cappadocia 352
Rebbi Uri 159 Rebbi Yudan Migdalaio 640
Rebbi Vivian 562 Rebbi Yudan, son of Rebbi Ayvu 406
Rebbi Yannai 177 Rebbi Zakkai (I) 316
Rebbi Yannai ben Rebbi Ismael 372 Rebbi Zeïra 44
Rebbi Yannai the younger 270 Rebbi Zeriqan 182
Rebbi Yasa, Assi 164 Rebbi Yasa (Assi) 164
Rebbi Yehudah bar Abba 335
Rebbi Yehudah ben Baba 335 Samuel 123
Rebbi Yehudah bar Zebidah 124 Samuel Minor 442
Rebbi Yehudah bar Simon 581 Samuel bar Shilat 525
Rebbi Yehudah Nesia 602 Simeon ben Shetah 528
Rebbi Yirmeiah 44 Simon Kamataria 638
Rebbi Yohanan 44 Symmachos bar Joseph 160
Rebbi Yohanan ben Zakkai 3
Rebbi Yohanan from Karzion 586 Tanna 86
Rebbi Yose (bar Halaphta) 55
Rebbi Yose (ben Zabida) 42 Yehudah ben Pappos 253
Rebbi Yose bar bar Cahana 567
Rebbi Yose bar Abun 49 Zakkai (I) 315
Rebbi Yose bar Jacob 649 Zeïra ben Hinena 408
Rebbi Yose bar Simon bar Abba 683 Zeiri 169
Rebbi Yose ben Nahorai 660
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 623
Gen. 16:11 153 Num. 15:37 174 lSam. 1:13 328,

11:2 341 15:39 97 329, 610
17:15 152 15:41 174 2:10 371
17:19 153 28:3 337 9:13 516
18:1 333 28:4 333
19:15 64 2Sam. 7:12 171
19:23 59,64 Deut. 4:7 619 15:32 371
23:13 369 4:8 609.612 17:27 18
24:63 332 4:32 605
28:11 332 6:4 39,289 IK. 6:17 392
30:21,24 662 6:5 39 8:28 385
35:10 154 6:6 39 8:30 392
41:44 456 6:7 39,109,159, 8:44 391,392
42:5 534 173,405 8:54 132
43:3 59 6:8 39 9:3 393
48:16 369 6:9 39.290 13:1 640
7:2 625 13:2 153
Ex. 2:15 611 8:10 290,516 17:1 424
4:11 612 10:17 538 17:20 424
12:8 93 11:13 174 18:1 424
12:10 59 11:19 184,288
12:29 93 11:20 632 2K. 2:11 405
13:9-10 183, 11:21 69 3:15 76
289 13:2 114 4:10 388
15:10 608 16:3 146
15:16 393 17:11 114 Is. 6:2 549
17:21 333 22:1-3.6-8 291 6:10 207
18:4 6:11 22:9 456 10:34 515
20:24 386 23:6 416 10:35 212
22:18 301 32:3 516 11:1 212
22:19 624 33:23 546 14:23 601
23:2 87 26:19 425
23:24 516 Jos. 6:5 626 27:3 652
24:12 458 6:23 388 29:23-24 207
38:23 370 7:11 681 38:2 388
39:3 69 22:22 607 40:2 405
24:19 608 40:17 620
Lev. 1:4-5 82 40:22 67,72
5:2-4 50 Jud. 6:12 681 43:18-19 154
5:17-19 48 6:24 186 44:27 341
19:24 456 7:19 75 458 651
22:6 40 18:30 639,640 46:7 609
22:7 40.59 52:10 608
27:18 649 54:13 688
32:5 90
694 INDICES
Is. 55:6 413 2:11 4:10 134:1-3 63

56:7 392 16:2 456 134:2 82
57:16 636 19:5 82 145:1 602
65:24 377 20:2 82 146:5-6 618
66:20 413 20:20 367 148:14 620
66:24 405 24:21 456
28:6 377,385 Prov. 8:27 67
Jer. 4:19 388 29:1 368 8:34-35 414
10:10 121,174 29:2 410 9:5 193
18:6 661 29:3 368 11:7 622
23:7-8 154 29:10-11 213 11:8 612
27:16,18 332 30:12-13 416 15:25 624
25:30 632 33:6 405 17:5 177,192
31:12 416 35:10 330,367 21:3 171
32:18 538 42:8 650 21:18 612
50:12 644 47:9 608 23:26 121
51:29 632 50:23 214
51:39 623 55:18 328 Job 21:14 67
51:49 341 57:9 76 29:8 168
51:64 405 58:4 153 36:27 649
60:8 608 37:18 71,72
Ez. 1:7 63 65:2 603 37:20 603
8:16 391 68:25 608 37:23 603
18:32 193 68:27 530 38:36 626
43:8 388 68:36 538
44:20 20 77:14 608 Cant. 7:5 612
81:1 413 7:10 170
Hosea 5:19 393 102:1 332,385,610
103:20-21 63 Lament. 5:21 405
Joel 3:5 614,615,616 104:32 632
105:44 150 Eccl. 4:17 679
Micah 2:11 114 106:2 603 9:4 622
7:8 63 106:30 332 10:6 90
112:2 663
Jonah 2:8 636 113:3 204 Esther 2:21 66
2:11 613 114:1 204 4:2 679
115:1 204 6:11-12 66
Zach. 6:12 212 116:1 204 8:15-16 66
14:5 632 118:27-28 204 9:27 204,681
119:62 75
Mai. 2:5 137,330 119:126 684 Dan. 3:14 613
3:10 681 119:148 75 6:11 328
122:1 171 6:23 614
Ps. 2:1 367 122:8 620 7:16 63
INDEX OF BIBLICAL QUOTATIONS 695
Dan 9:4 538 7:63-65 19 153
9:5 680 8:6 538
9:14 120 392
Neh. 4:15 45,46 617
Index Greek and Latin Words
άβάσκαντα 626 ίασις 500

Αλέξανδρος 616 ιδιώτης 255
άνάκλιτα 263
ανθύπατος 419 καθέδρα 497
απειλών 633 Καλλιρρόη 352
άργαπέτης 216 καματηρός 638
άριστον 331 κάρρον, κάρρος 421
αρχιτέκτων 607 κεντρόω 181
άρχων 251 κεφαλωτός 484
ασθενής 231 κινάρα 480
κόλλιξ 479
βασιλεύς 607 κοσμικός 637
κοσμοκράτωρ 618
δήλωμα 66 κραβάτιον 262
δημόσιος 299 κρουσμός 249
διαθήκη 426 κυρηβία 480
δισάκκιον 319
δόμος 217 λευκός 625
ληστής 251,616
είκών 265 λιμήν 308
επαρχία 618 λίτρα 249
έπικάρσιον 181
Ευδαίμων 203 μερίς 276
ήμίονος 580 νάρθηξ 425

ήμισυς 580 νεκρός 132
νόμος 419
ζήτω 500
ξενία 383
θέατρον 631 ξένος 619
θερμασία 181
Θέρμος 464 δρυζα 473
θεσαυρός 641 δχλος 612
696 INDICES
πανδοκεΐον 315 conditum 492

παράκλητος 337 conditura 171
περίοδος 626 Crlspus 264
πίλινος 187
πίναξ 641 decalicator 506
πλατεία 421 delaiorius 107
dimissio 668
ράπτω 395 diploma tarius 115
dupondius 591
σημαντήριον 115
στήλη 321 faecaria 635
στρατηγός 589 funda 676
σύγκλητος 641
σφέκλη 635 Justus 593
σχεδία 395
σχολαστικός 365 legiones 373
τηγανον 317 Marinus 494

τιμή 604 Mercurius 600
Τρύφων 504 moretum 471
τύπος 143 mulus 591
φανός 585 olearii 181

φιλόσοφος 620 olens 501
olentia 87,501
χάραξ 663
patronus 612
pileus 187
Augustus 607
quaestionarius 612
balnea 492
bulla 473 saltus 420
semita 307
Caesar 607 situs 342
Caesarea 569 specularla 585
cannula 666 spiculum 669
cascus 471 strata 54
cibarius 480 subsellium 319,497
circus 631
collare 320,539 Tiberias 558
comes 641 Titus 303
compendiarium 54 triclinium 316
GENERAL INDEX 697
General Index
Abegg, M. G. 2 Ettinger, R. M. Z. 31
Abraham ben David, R. 427,576,577, Eusebius 430
665
Albeck, H. 27 Finkelstein, L. 362
Alexander Severus 9,10 Five Kinds 477
Alfassi 21,22,427,514,623 Fleischer, E. 145,157,398,444,519
Arukh 115,480,488,502,531,629,631, Fleischer, H. L. 217
634 Fraenkel, R. D. 30,672
Ascari, R. E. 30,104,145,190,218, Frankel, Ζ. 27,30,35,37,51,66,
234,458,678 95,191,198,203,262,273,450,459, 672
Ashkenazi Hebrew 36 678
Ashkenazi, R. S. Y. 30 Fulda, R. E. 29,450,672
Ben Habib, R. M. 100,104,145, Gaonim 401

148,502 Gershom, Rabbenu 21
Ben Jehudah, E. 242 Gezerah Sawah 65
Ben-Asher, M. 37 Ginzberg, L. 32,35,135,190,242,
Benvenist, R. J. 30 265,268,297,299,347,354,384
Brand, Y. 321
Brüll, J. 66 Hagahot Maimuniot 51
Hat Gaon, R. 21,45,198,302,
Caro, R. J. 561 492,600,629
Cirillo, R. S. 29,145,172,412,683 Halakhot Gedolot 97,406.461
Constantine 11 Hollah 563
Cubit 99,318 Hananel, Rabbenu 21,51,74,492
Hand-breadth 317
Demai 508 Havdalah 423
Dialectics 16 Hazzan 269,452
Diocletian 10 Hermes 601
Diqduqe Soferim 406
Dmdm 341 Ibn al Haytham 53
Dor, Ζ. M. 27 Ibn Ezra, A. 631
Dusk 57 Ibn Janah 631
Impurity 560,562,571
Eiger, R. Α. 83 Impurity, derivative 408
Eliahu Wilna, R. 30,98 Isseries, R. M. 561
Eliezer ben Joel, R. 51,80,449,
568 Jabneh 4
Elijah, Prophet 58 Jacob David of Stuck, R. 31
Epstein, J. N. 27 Jastrow, M. 273
698 INDICES
Jonah Gerondi, R. 130,256,406, Niniveh 430

509,685 Nisibis 306
Josephus Flavius 8 Nissim Gerondi, R. 51,427
Kohut, A. 101,115 Odenathus 10

Kolbo 665 Oppenheimer, R. D. 294
Krasilscikov, R. I. E. 31
Krauss, S. 480 Parasang 55,68
Kutscher, Y. 201 Pardo, R. D. 574
Parthenios 471
Levy, D. (Taz) 282 Peles, I. M. 224
Levy, J. 66,273,320,472,480,488 Perles, J. 488
Lewy, R. I. 31 Pharisees 2
Lieberman, S. 14,31,35,146,472, Philo 8
523,565,598,605,642 Place 332
Livorno Standard 36
Log 296 Qab 89.220,296
Low, I. 480 Qéri 295
Lisowsky, G. 518 Qeroba 135
Quartarius 315
Maämad 127
Maharsha 23 Rabbinowicz, R. 23,623
Maharshal 23 Rashba (R. Shelomo ben Adrat) 104,
Mahzor Vitry 6,378 121,157,194,238,350
Maimonides 21,92,104,138,152, Rashbam (R. Semuel ben Meïr) 557,
210,256,262,290,474,478,575 558
Mantel, H. 2 Rashed, R. 53
Marcus Aurelius 5 Rashi 21,92,114,286,311,406,472,
Margalit, R. M. 30,100,503,533,599 484,492,568,575
Mekhilta 7,8 Ratner, D. B. 31
Menorat Hammoor 406 Red Heifer 40
Mil 55,56,68 Rosh (R. Asher ben Yehiel) 24,
Minhah, half of 327 97,262,312,3 50,509,600,623
Moon, Orbit 53
Morag, S. 36,141 Saadia Gaon, R. 378
Morning Hind 64 Sadducees 2
Mussaphia 115 Salted 502
Samaritans 507
Nachmanides 53,233,256,268,290, Samuel Hannagid 517
427 Savoraë 17
Nahardea 5 Schwab, M. 31
Nathanson, R. J. S. 31 Seah 296
Nazir 528 Seder Olam 7
Nellah 343 Seder Tanna'im waAmora'im 6
GENERAL INDEX 699
Sefer Hamanhig 129 Ursacinus 419
Septimius Severus S
Seven Kinds 460,490 Vergil 471
Shechter, E. 27,32
Sherira Gaon, Letter 9 Wacholder, Β. Ζ. 2
Shofar blowing 164
Sibbole Halleqet 452 Yadin, Y. 117
Sifra 7 Yalqut (Shim oni) 578,615
Sifry 7 Yelin, A. L. 31,556
Simson of Sens, R. 517,574 Yeruham ben Meshullam, R. 178
Small Minhah 43 Yerushalmi book 28
Surah 283 YHWH 44
Yospe Shammash, R. 224
Tanna 86
Theodosius I 11 Zerahiah Halevi, R. 427,685
Tithe 507 Ziani, R. E. 27
Tosa phot 21 Zimer, 1. 224
Tosephta 7 Zohar 213
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THE JERUSALEM TALMUD

FIRST ORDER: ZERAÏM

EDITION, TRANSLATION, AND COMMENTARY

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

Die Deutsche Bibliothek — CIP-Einheitsaufnahme

The Jerusalem Talmud: first order Zeraïm ; tractate Berakhot /

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

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

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,

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.).

Introduction to the Talmud Yerushalmi

Chapter 3, ina» 'a

Chapter 4, ιπ®π nVsn

Chapter 7, ltaKW roto

Introduction to Talmudic Literature

The reports in the books of Ezra and Nehemiah on the organization of

Hillel's great-grandson, Rabban Simeon ben Gamliel I, was president of

Rebbi Joshua was a strong supporter of submission to Rome under all

The catastrophy of the war of Bar Kokhba, culminating in the fall of

The circumstances of the transmission of all this material to the next

R. Meïr is the author of a collection of rules that one generation later

R. Yehudah (bar liai) is the author of a collection of laws derived from

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

R. Yose (bar Halaphta) is the author of a collection that became Seder

R. Simeon (bar Iohai) is the author of a collection that later became

R. Nehemiah is the reputed author of a collection of laws which later

Exodus, attributed to R. Ismael (ben Elisha) of the preceding generation.

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

Historically and chronologically we are on safer ground starting with

As explained above, the Mishnah is a collection of religious traditions

Rebbi is counted as the last of the Tannaim, the "proclaimers", who

The exterior circumstances of the period in Palestine were not

the manner of despotic absolutism and introduced a new, stable currency

The rulers of Babylonia after the destruction of the Seleucid empire by

Talmud, Midrash, and Synagogal Poetry

Synagogal poetry goes back at least to the last generations of Tannaïm;

for a garment, which illustrates the hyperinflation of the Military

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

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

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.

to us is the compilation of civil law contained in the first three tractates of

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

because the compilers of the Talmud, under pressure by a h o s t i l e

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