database_export
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/Mishnah
/Rishonim on Mishnah
/Bartenura
/Seder Nezikin
/Bartenura on Mishnah Eduyot
/English
/Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020.json
{ | |
"language": "en", | |
"title": "Bartenura on Mishnah Eduyot", | |
"versionSource": "http://sefaria.org/", | |
"versionTitle": "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020", | |
"license": "CC-BY", | |
"versionNotes": "", | |
"shortVersionTitle": "Rabbi Robert Alpert, 2020", | |
"actualLanguage": "en", | |
"languageFamilyName": "english", | |
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"isSource": false, | |
"direction": "ltr", | |
"heTitle": "ברטנורא על משנה עדיות", | |
"categories": [ | |
"Mishnah", | |
"Rishonim on Mishnah", | |
"Bartenura", | |
"Seder Nezikin" | |
], | |
"text": [ | |
[ | |
[ | |
"שמאי אומר כל הנשים דיין שעתן – All the women who see [menstral] blood know their hour to defile what is pure that they came in contact with from the time of their seeing [blood] and onward. And we don’t say that before this also, that there was blood in the walls of her womb that had been established and that she was impure even before this, for all women defile in with their vagina, and even though blood had not exited outside. And the reason of Shammai is that he did not suspect that perhaps, before this there had been blood, for if you say this, the heart of a man smites him (i.e., he has no clear conscience) all the time of intercourse and he separates himself from his wife, and it is found that the daughters of Israel would refrain from engaging in [the Mitzvah] of “being fruitful and multiplying.”", | |
"מפקידה לפקידה – She checked today and found herself to be pure, and checked at the end of the week and found herself to be impure. We are suspicious of her physical contact from the first examination and onwards, lest with the removal of her hand, she saw that the walls of her womb established her presumptive condition [of cleanness], and we do not worry about refraining from “being fruitful and multiplying”, for specifically, for purity that we defile them from one examination to the next examination, and not to her husband, for Shammai says: if we make her defiled from her purity, the heart of man smites him (i.e., he has no clear conscience) and he would separate also from sexual intercourse.", | |
"לא כדברי זה ולא כדברי זה – not according to the words of Shammai who is more lenient and does not make a tence for his words, and not according to the words of Hillel, who went beyond his measures (i.e., extended the restrictions of the law too far – see Talmud Niddah 4b) who was too strict, for certainly, all these “many days” (according to Hillel) do not establish that the walls of the womb are [filled with] blood.", | |
"מעת לעת ממעטת על יד מפקידה לפקידה – two times were mentioned with regard to the woman to defile that which is pure retroactively, and he went after the liberal of both opinions. For if “from one (i.e., the present) examination” to the [last] examination is greater than from one term of twenty-four hours (of retrospective uncleanness) [reduces the term of the interval from one examination to the other], we go after one from twenty-four hour period to the previous one, and we don’t defile other than those pure things that she came in contact with from yesterday at that hour. But if the period “from one term of twenty-four hours is greater than from one examination to the one that preceded it, such as when she checked herself in the morning and found herself to be pure, and in the evening, found herself to be impure, we don’t defile anything other than those pure things that were from the examination in the morning and beyond. And the Halakha is according to the Sages.", | |
"על יד – of another, like “Next to him” in the Book of Ezra (actually – it is Nehemiah 3:8, which is like (verse 16): “And after him.”", | |
"וסת – fixed (i.e., regular time of menstruation), for it was established for her the time of menstruation three times, and she checked at the time of her regular time of menstruation and found herself to be impure, she knows her time, and we don’t worry that perhaps before this it occurred, for certainly, her time of menstruation comes on time.", | |
"והמשמשת בעדים הרי זו כפקידה – Two things are taught and this is how it should be understood: She who uses evidences – a piece of cloth used by women for ascertaining their condition of cleanness or uncleanness that is to say, it is Mitzvah upon each and every woman to use two pieces of evidence which she checks with them, one before sexual intercourse and once after sexual intercourse.", | |
"הרי זו כפקידה – the evidence that is after sexual intercourse is considered like an examination.", | |
"ממעטת על יד מעת לעת ועל יד מפקידה לפקידה – for you might have thought lest she sees a drop of blood like a mustard seed and ends up takes a handful of semen and that it would not be considered an examination, our Mishnah comes to tell us, that until after sexual intercourse, it is considered like an examination, but the evidence used before sexual intercourse is not like an examination, and because she is restless, that is she is anxious to have sex, she does not bring it into the holes and fissures [of her vagina]." | |
], | |
[ | |
"מקב לחלה – dough which has in it a Kab is liable for [separating] Hallah.", | |
"קב ומחצה חייבים בחלה – which are seven Logs and an egg and one-fifth of an egg, according to the Wilderness measure. And this is an Omer as a capitation tax, one-tenth of an Ephah which is liable for Hallah, as it is written (Numbers 15:20): “As the first yield of your baking, [you shall set aside a loaf as a gift….],” according to the dough of the wilderness. And they added one-sixth for the Jerusalem [measure], so that it was found that six Wilderness [Logs] become five Jerusalem [logs], and the Log that remains and the egg and the one-fifth egg go up to the Jerusalem Log, for the Wilderness log is [equal to] six eggs, which are given as five large eggs. It is found that the Log is missing one large egg. Give an egg and one-fifth of an egg in place of he large egg, for the one-fifth egg which is one-sixth from the outside additional on the egg, it is found that six large eggs which are a large Log, since six large Logs are one and-one-half Kabs.", | |
"משהגדילו המדות – This is the Sepphoris measure, which they added one-sixth on that of the Jerusalem [measure], so it is found that the six Logim are five, which are five-fourths of a Kab, as the Kab is equivalent to four Logs.", | |
"חמשה ועוד חייבים – for as Rabbi Yosi holds, the Wilderness measure were larger eggs than ours by one-twentieth of an egg for each egg. And the Halakha is according to the Sages, that a Jerusalem Kab and one-half which equals six Jerusalem Logs which are the Wilderness seven Logs and an egg and one-fifth of an egg, which is the measure [required] for Hallah. And they are forty-three eggs and one-fifth of an egg. And Maimonides cut and examined and checked and found that the weight of five hundred and twenty of most of the commentators from the flour of wheat is the measure of flour that is obligated for Hallah. And the weight of most of the commentators was known in Egypt today and throughout the Land of Israel, which is the weight of nearly sixty-one grains of barley." | |
], | |
[ | |
"הין – twelve Logs", | |
"פוסלין את המקוה – if they (i.e., drawn water) fell into it prior to its measure being completed. But after it was completed, even if he cast into it all the drawn water that is in the world, they would not make it (i.e., the Mikveh) invalid.", | |
"שחייב אדם לומר בשלון רבו – that is to say, the word \"הין\" /”hin” is not the language of the Mishnah, but rather is the language of the Torah, but that is what he heard from his teachers Shemaiah and Avtalion. And Maimonides received from his father, of blessed memory, that since Shemaiah and Avtalion were righteous converts, they were not able to pronounce from their mouths the word “Hin,” and they would say, “Een” instead of “Hin,” like people until today who are incapable of articulating the letters [Aleph, Khet, Hei and Ayin), and Hillel would also say, “Een”, like this teachers, the righteous converts Shemaiah and Avtalion would say.", | |
"גרדיים – weavers", | |
"משער האשפות – The Tanna mentioned the name of their craft and the name of their neighborhoods, to inform you that nothing should prevent a person individually from the House of Study, for there is no lesser craft than that of the weaver, for we can cannot appoint from it neither a King nor a High Priest, and there is n o lesser gate in Jerusalem than the Dung Gate, and they cast the deciding vote through their testimony for all the Sages of Israel." | |
], | |
[ | |
"שלא יהא אדם עומד על דבריו – that he should not stubborn to stand enduring by his viewpoint.", | |
"אבות העולם – Hillel and Shammai" | |
], | |
[ | |
"ויסמוך עליו – that is to say, that he acted according to the individual opinion and set aside the opinion of the majority.", | |
"אין בית דין – Another which would arrive after him is able to nullify the words of the earlier Jewish court who acted according to the words of the individual (i.e., minority view), until it is greater than him in wisdom and in number. In wisdom – that is, that the head of the Academy of the latter Jewish court would be greater in wisdom than the head of the Academy of the former [Jewish court]. In number – that the number of the students in the latter Academy would be greater than the number of students in the former Academy." | |
], | |
[ | |
"למה מזכירין דברי היחיד בין המרובין – in order to nullify them. An individual [opinion] that was not followed by a single Jewish court like his words and they are rejected and nullified, why do we mention them at all? And we respond that if a person would say: Such is my received [tradition] and he would be astonished when he sees that no one is acting according to his received tradition, they would say to him: according to the words of that individual you heard and those words were rejected." | |
], | |
[ | |
"רובע עצמות – one-quarter of a Kab of bones of the dead defile in a tent, and less [than one-quarter] do not defile other than through contact or by carrying [them] but not in a tent, but the School of Shammai holds that one-quarter kab defile and even if they are from many dead individuals.", | |
"ובית הלל אומרים רובע עצמות מן הגויה – that is to say, from one body of one dead individual and not from may dead individuals. And even of one dead person, they do not defile until there will be one-quarter kab of the greater portion of a corpse, that is, the greater size of the body or the greater number of bones of a person which would be one-hundred and twenty-five bones, as the number of the bones of a person is two-hundred and forty-eight.", | |
"אפילו מעצם אחד – if one bone of the dead person files one-quarter kab, it defiles in a tent, and the Halakha is according to the School of Hillel." | |
], | |
[ | |
"כרשיני תרומה – In Arabic we call it KARS’NA. And they are food for camels but humans do not eat from them other than from need/emergency in the years of famine, and we separate Terumah/priest’s due from them, since they are eaten by humans on occasion from need/emergency, but it is not holy like the rest of the priest’s due/sacred gifts.", | |
"שורין – [soak] them in water.", | |
"ושפין – on [it is necessary to say – the flesh/skin]", | |
"בטהרה – with the washing of the hands, like the law regarding the rest of foods of Priest’s due/Terumah. For mere hands are second-level of uncleanness and they defile the Terumah.", | |
"ומאכילין – to cattle", | |
"בטומאה – and one does not suspect if he defiles them with his hands at the time of his feeding them to cattle, but all the while that he is not feeding them to cattle, it is prohibited to defile them with his hands.", | |
"שורין בטהרה – soaking them in water makes them susceptible to receive defilement, and if he soaks them while in a state of defilement, it is found that he has made them susceptible and their defilement comes as one. This alone is what the School of Hillel prohibits, because of a recognition in order that they would know that they are priest’s due/Terumah.", | |
"יאכלו צריד – the language of dryness, like the dry-portion of meal-offerings, which is the place of the meal-offering where oil did not arrive there. Even here, they should be eaten dry, so that liquid would not come upon them at the time of eating, in order that they would not be recognized as susceptible to receive defilement.", | |
"כל מעשיהם בטומאה – and even the soaking. But the Halakha is according to the School of Hillel." | |
], | |
[ | |
"הפורט סלע ממעות מעשר שני – whomever has Second Tithe copper coins and comes to exchange them for a silver Sela must come up to Jerusalem because of the burden of the path.", | |
"בית שמאין אומרים בכל הסלע מעות – if one comes to exchange them, he can exchange all of them and give coins for the entire Sela.", | |
"ובית הלל אומרים – he cannot exchange other than half of them, for when he comes to Jerusalem, he will need pennies/small coins immediately to purchase the needs of the meal, and if everyone would run to the money-changer to exchange, the small coins/pennies would increase in value and it would be found that the Second Tithe [value] would be lost. Therefore, he should bring small coins/pennies with them to spend partially, and when they run out, he can exchange the silver that is in his hand little by little. A Shekel is one-half of a Sela.", | |
"אין מחללין כסף ופירות על כסף – Whomever has one-half a Denar of silver of [Second] Tithe, and produce of [Second] Tithe that are worth one-half a Denar, he should not combine them together to change for a Denar.", | |
"וחכמים מתירים – In such a manner through combining produce, since he only has one-half a Denar of silver, but to exchange a silver Denar and produce that is worth a Denar for one-half a Sela whih two Denarim, the Sages admit that we do not exchange. And the Halakha is according to the Sages." | |
], | |
[ | |
"הפורט סלע של מעשר שני בירושלין – that he would exchange a Sela that is in his hand and take small coins to spend them for the needs of the meal of the [Second] Tithe.", | |
"בית שמאי אומרים – if he comes to exchanges all the Selas that are in his hand for small coins, he should make the exchange.", | |
"ובית הלל אומרים – he should only exchange half of them, lest he stay in the city until he spends all of them, and he should deposit them in the city until another Festival as the small coins/pennies decay/become disfigured, and if he would return and exchange them for Selas, it would be found that the money-changer would gain twice over and the Second Tithe would be lost.", | |
"הדנים לפני חכמים – Shimon ben Azzai and Shimon ben Zoma and Chanan the Egyptian/HaMitzri.", | |
"בשלשה דינרים כסף ובדינר מעות – The Sela is [worth] four Denars, and when one comes to exchange the Sela, he should not take other than one Denar of small coins, and three Denars should be silver.", | |
"וברביעית כסף ברביעית מעות – With the fourth Denar of Silver, he should not take other than one-quarter of it copper and three parts silver, so that it is found that he would purchase one M’ah from sixteen for a Sela alone.", | |
"ארבעה אספרי כסף – The Denar [is worth] five Sestertius, and it is a coin in the land of Greece that until today we call it ASPERO, it is found that a Sela is twenty ASPERO, and when he exchanges for a Denar, it should be exchanged for four silver ASPERO and one copper coin. It is found that he purchases one copper coin from twenty for every Sela alone.", | |
"יניחנה בחנות ויאכל כנגדה – He should not exchange the small coins/pennies, lest he perhaps forget and make them non-sacred. But he should leave the Sela with the money-changer and eat [food] against it until it runs out. But the Halakha is according to the words of the School of Hillel alone." | |
], | |
[ | |
"חפויו – Our Rabbis have explained this from the language of (Shabbat 81a) “the pivots” which are the teeth protruding from the keys that are customarily made in the Land of Ishmael, even here that one ordinarily makes in the bride’s litter/chair like teeth protruding in order that they can support them. And Maimonides explained it engravings and drawings that they make from wood or stones and attach them on to the bridal seat.", | |
"בית שמאי מטמאין – for they are still fit for sitting.", | |
"ובית הלל מטהרין – but they are not fitting for a bride, and they are like broken.", | |
"מלבן הכסא טמא – that is to say, even the frame by itself, without the seat and without the seat boards is ritually impure; all the more so, the seat without the its boards is ritually impure. The frame, in the form of a square brick they make on the seat and people sit on it.", | |
"כסא שקבעו בעריבה – he brought the seat from another place and affixed it in a trough through his sitting in it. But a trough is not ritually (i.e., Levitically) impure arising from someone with gonorrhea’s immediate contact by treading/leaning against it, and it is fit for kneading but not for sitting upon.", | |
"בית שמאי מטמאין – because the seat does not become void in the trough.", | |
"ובית הלל מטהרין – from impurity arising from someone with gonorrhea’s immediate contact by treading/leaning upon it, but the sea becomes void regarding the trough. But the seat is made in the body of the trough itself, and the School of Shammai admits to the School of Hillel that it is ritually pure.", | |
"שמאי אומר – even the sea that is made in the trough itself is impure by gonorrhea’s immediate contact by treading/leaning upon it." | |
], | |
[ | |
"אלא בבאה מן הקציר – like the event that took place that some people went to harvest wheat and a snake bit one of them and he died, and she came and announced in the Jewish court, and they sent out and found that it was according to her words. But they did not permit it (i.e., for her to re-marry), other than it was an example that the matter be something that is close by, but [if she is coming] from abroad, she is not believed.", | |
"אלא בהווה – it was an event that took place such as it was, and the same law applies to the rest of the places.", | |
"שאין האחים נכנסין – to the inheritance of her husband, for the All-Merciful said (Deuteronomy 19:15): “A case can be valid only on the testimony of two witnesses or more,” and concerning her marriage they (i.e. the Rabbis) were lenient because of her disability to remarry (see Yevamot 88a – as regards testimony to her husband’s death to prevent the eventuality of “widowhood in life.”).", | |
"מפני כתובתה – from the formulation that they established to write in the document of the marriage contract/Ketubah.", | |
"כשתנשאי לאחר – for behold she is married and afterwards can take [the monies] of her Ketubah." | |
], | |
[ | |
"מי שחציו עבד וחציו בן חורין – such as slave of two partners and one of them freed him; alternatively, his master received from him half of the monies [of his worth] and freed half of him with those funds.", | |
"תקנתם את רבו – who is not lacking anything", | |
"לישא שפחה אינו יכול – because of the side of freedom that is in him.", | |
"בת חורין אינו יכול – because of the side of servitude that is in him.", | |
"כופין את רבו ועושהו בן חורין – and the same law applies if he was the slave of one-hundred partners and one of them freed him, we force all of them to free him." | |
], | |
[ | |
"כלי חרס מציל על הכל – an earthenware utensil that is surrounded by something closely covered with a lid protects everything that is inside it when it is the tent of a dead person, and will not defile anything that is inside it, as it is written (Numbers 19:15): “And every open vessel, with no lid fastened down, shall be unclean,” but if it has a lid fastened down, it is pure and what is inside it, it does not matter whether it is utensils, or food-stuffs or drink. And the Biblical verse is speaking about an earthenware vessel, as it is written, “And every open vessel,” concerning that which defiles through its opening, and does not defile through its back.", | |
"אינו מציל אלא על אוכלין ומשקין ועל כלי חרס – but on other kinds of utensils, it does not protect as will be explained further on.", | |
"מפני מה וכו' מפני שהוא טמא על גב עם הארץ – for everything that is found with the ignoramuses whether utensils, food-stuffs and liquids/drink, all are considered impure, because they are not expert in the laws of the impurity and purity and consider that which is impure to be pure.", | |
"ואין כלי טמא חוצץ – it does not offer protection against the defilement other than only a pure utensil, but an impure utensil cannot protect on what is inside of it, and these utensils belonging to the ignoramuses are considered to be ritually impure and do not offer protection.", | |
"לעצמו טיהרנו – to the ignoramus himself we have declared it pure, and we should not suspect that perhaps a Haver/ a member of the order for the observance of Levitical laws in daily intercourse, would come to use them, for they are separated from contact with them and without this, also, all of their food would be ritually impure; therefore, food and drink and earthenware utensils which have no purity in the Mikveh, for when they were in the midst of a vessel with a lid fastened down belong to the ignoramuses, we say to them that they are ritually pure [for them], and they can use them they are the ones who consider their utensils to be considered pure, and we don’t suspect lest a Haver will borrow one from them and use them, for they are, for him, in a status of impurity and they can never have ritual purity ever. But a vessel that only requires only rinsing in order to be restored to Levitical cleanness where there is a suspicion that a Haver will borrow it from them and immerse them [in the Mikveh] and use them without sprinkling on the third and seventh day, for he will not know that they were defiled in the tent of a dead person, and would think that a mere immersion [in the Mikveh] would be sufficient to rescue it from the ritual impurity that it sustained while with the ignoramus, and that is why it is taught in our Mishnah: “You have declared it ritually clean/pure both for the ignoramus and for you,” and a Haver would come to use it. Therefore, they made the law equivalent for all and said that a vessel that requires only rinsing in order to be restored to Levitical cleanness is saved with a lid fastened down, which does not belong either to a Haver nor to an ignoramus. And if they came to make a decree that an earthenware utensil of an ignoramus shall never be saved with a lid fastened down because it is considered ritually impure and no impure vessel can protect/save it, none of the ignoramuses would accept it from them, because they would hold that they are expert and guard their utensils in ritual purity and they can protect their utensils." | |
] | |
], | |
[ | |
[ | |
"רבי חנינא סגן הכהנים העיד. מלשרוף את הבשר שנטמא בולד הטומאה – the offspring of the offspring is stated. The meat which is third [level of impurity] which was defiled with something of the offspring of an offspring,, that is to say, it came in contact with something of second-level impurity, and it became third-level of impurity, they did not prevent from burning with meat that that was defiled with something of a direct cause of Levitical uncleanness, which is the first level of impurity. And when this meat that was at first third-level of impurity comes in contact with that which was defiled with a direct cause of impurity, it returns to be second-degree of impurity, for it came in contact with first-level of impurity and became second, and it is found they added one level of ritual impurity upon its impurity, for initially it was third-level and now is second, and even though that they didn’t prevent from burning with something more severe than it, for since even that which is the lesser for burning stands, they did not suspect if they would make it more impure than it already was. And even though, according to the Torah, no food can make another food impure, as it states regarding something the defiling of food (Deuteronomy 14:8, 14): “It is impure [for you.” It is ritually impure but it does defile food or something similar. Nevertheless, the Rabbis decreed that foods can make other foods impure.", | |
"השמן – of Priest’s due/Terumah that was defiled by someone who had bathed [in a Mikveh] but must wait for sunset to be perfectly clean, which is third-level of impurity, for a person who had bathed [in a Mikveh] but is waiting for sunset to be perfectly clean defiles Terumah from the Torah and makes it third-level of impurity.", | |
"בנר שנטמא בטמא מת – this is a metallic candle and not of earthenware, for all utensils outside of earthenware utensils that came in contact with the defilement of the dead person become like it, it is principal level of impurity, it is a principle level of impurity, if it is a first level of impurity, it is a first level of impurity, as it is written (Numbers 19:16): “[And in the open, anyone who touches a person] who was killed [or died naturally, or human bone, or a grave, shall be impure seven days].” And they (i.e., the Rabbis) expound upon “who was killed” he is like someone who was slain, for the sword that had come in contact with the dead became like one of the original causes of Levitical uncleanness like the dead person himself. And when it had come in contact with something defiled by contact with the dead, which is a primary [cause of Levitical uncleanness], the sword also became a primary [cause of Levitical uncleanness], and all utensils are like a sword in the law, except for earthenware vessels. It is found that the metallic candle when it came in contact with something defiled by a dead person, it too became a primary [cause of Levitical] uncleanness. And now Rabbi Akiva adds on to the words of Rabbi Hanina the Assistant Priest, for Rabbi Hanina did not permit other than to restore something that had been third-level uncleanness to something second-level uncleanness. But Rabbi Akiva permitted restoring something that was third-level uncleanness to first level, for the oil that had been defiled by contact with a person who has ritually bathed but must wait for sunset to be perfectly clean, who is third-degree level of impurity, when they kindle it with a candle that had been defiled by contact with the dead, the candle itself becomes a primary form of Levitical uncleanness as we have stated and third-level [of impurity] returns to be first-level of impurity. And even though they did not prevent it, for since the title of impurity is upon it, we do not suspect him and it is permitted to add with his hands." | |
], | |
[ | |
"לא ראיתי עור יוצא לבית השריפה – After its hide was flayed, if it was found torn. Even though that this disqualification was upon it prior to its hide being removed, since it was not recognized other than after the hide’s removal.", | |
"שהמפשיט את הבכור ונמצא טריפה – but Rabbi Akiva comes to teach us (a new point), that even a firstling which has defect when it is slaughtered outside of Jerusalem on its defect, and the Biblical verse did not permit it other than for eating, as it is written (Deuteronomy 15:22): “Eat it in your settlements [the unclean among you no less than the clean, just like the gazelle and the deer],” but if it died, its hide is forbidden and it requires burial, and Rabbi Akiva teaches us that where it is “terefah”/torn status is not known until after the hide is flayed, the permitted it to be slaughtered and the flaying of its hide is like its blood was cast in the Temple.", | |
"יאותו הכהנים בעורו – and it is not burned.", | |
"אין לא ראיתי ראיה – lest it did not happen in his days that it would be found “terefah”/torn after the hide had been flayed, and if it happened and they burned it, he did not see it.", | |
"אלא יצא לבית השריפה – since prior to the flaying it had come. And the Halakha is according to Rabbi Akiva regarding a firstling with a defect when a specialist permitted it, but if a specialist did not permit it, no. And the Halakha is according to the Sages in regard to a pure firstling, that the flesh is buried and hide is burned." | |
], | |
[ | |
"וכותב בכתב ידו – a document of liability on the borrower.", | |
"ואחרים חותמים – valid witnesses would sign on the document.", | |
"והתירו – and even though the person who writes the document is the lender, and he is an interested witness.", | |
"שהאשה כותבת את גיטה – and valid witnesses are signed to it.", | |
"את שוברו – the document of renunciation that his wife has renounced to him on her Jewish marriage contract.", | |
"שאין קיום הגט אלא בחותמיו (see Tractate Gittin, Chapter 2, Mishnah 5) – the witnesses whose signatures are affixed on the Jewish bill of divorce is the essence of the reason for the validation of the Jewish bill of divorce. Therefore, when valid witnesses have affixed their signatures on it, it is valid, and event though it (i.e., the Jewish bill of divorce) is in the handwriting of the woman [to be divorced].", | |
"ועל מחט – and it is known concerning it that it was defiled [through contact] with the dead, and it is found that with Holy meat, when they cut it in the Temple courtyard, and there was a doubt if it the knife or a person touched it or not. The knife and the person are ritually pure, for it is doubtful impurity in the public domain, for the Temple courtyard has the law of the public domain regarding the matter of ritual impurity, and a doubtful impurity in the public domain, its doubt is deemed pure.", | |
"והבשר טמא (see Talmud Pesahim 20a and Talmud Hullin 36b) -for it certainly came in contact with ritual impurity, and our Mishnah is speaking about Holy animals that passed through a river close to its slaughter and still liquid is dripping on it, as the meat has become susceptible to receive defilement with those waters. For if this was not the case, the meat would not be impure. And even though we wash it in the slaughtering place in the Temple courtyard, for all liquid of the slaughtering house is restored to Levitical cleanness. And the meat does not become susceptible to receive defilement. And if it is difficult how the meat is ritually defiled and the hands are pure, for don’t impure food-stuffs defile the hands, according to the Rabbis. But it is not difficult at all, for we hold that one’s hands do not become defiled in the Temple, when they decreed on the defilement of the hands, they didn’t decree about it in the Temple." | |
], | |
[ | |
"בכרם – that the Sages would sit row by row in this vineyard that that was planted with row after row of vines.", | |
"על ביצה טרופה – that the white of the egg was mixed with the yolk of the egg together and placed on top of the vegetable and the one who has bathed but must wait for sunset to be perfectly clean had come in contact with egg, and even though it is non-sacred, for the Terumah does not belong with the egg. But a person who has bathed but must wait for sunset to be perfectly clean does not defile something non-sacred; even so, there is a combination and the vegetable is defiled as it through contact with it.", | |
"אם היה כמין כובע – the egg was blown up and became like a cap over the vegetable and there is its empty space underneath it.", | |
"שבולת שבקציר – one ear of grain was left over in its harvest that had not been harvest, and the top of that ear of grain touches the standing corn.", | |
"אם נקצרה – if that ear of grain was cut with the standing corn, it belongs to the house owner, for the standing corn rescues it, and we do not call it, “you shall not go back to take it.”", | |
"ואם לאו – it is considered “forgotten,” and it is for the poor.", | |
"עריס – five vines that are planted and suspended and lying on top of poles or on the fence called an espalier (of grape vines),from the language of (Psalms 132:3): “my bed.”", | |
"אם יש בה כמלוא בוצר וסלו – if the garden is as large as the measure that when a grape gatherer stands with his basket when he brings the grapes into it when he is gathering the grapes from all the sides of the espalier.", | |
"תזרע – the garden, the seed should be distanced from the vines in order to work the vineyard which are six hand-breadths in all directions.", | |
"ואם לאו – the garden is not so large.", | |
"לא תזרע – and even though he distances in order to work the vineyard, because the seed appears with the vineyard as if they are mixed seeds." | |
], | |
[ | |
"ופירשן רבי יהושע – when he is liable and when he is exempt.", | |
"אם לעשות לה פה חייב – because of [the Sabbath prohibition] of “building.”", | |
"ואם להוציא ממנה ליחה פטור – for it is labor that is not necessary for its own sake, for the opening is the labor, and this is not necessary for there to be an opening for it from now, and there isn’t here other than a Rabbinic prohibition and because pain is not decreed, it is exempt and permitted.", | |
"אם מתעסק שלא ישכנו פטור – and that it is not necessary for its own sake of the thing being hunted, and if he would known that he could stand and it (i.e., the snake) would not bite him, he would not hunt it. And in this also, the Rabbis did not decree, and it is exempt and permitted.", | |
"לפסין אירוניות – a closed/stopped-up earthenware vessel made like an hollow ball from the inside, and after they glaze it in a kiln/furnace, they sever it in its middle and it is made into two utensils.", | |
"טהורות באוהל המת – as long as they have not severed it, for an earthenware vessel is not susceptible to receive defilement from its exterior, other than from its airspace, as it is written (Numbers 19:15): “And every open vessel, [with no lid fastened down, shall be unclean],” through its opening, it defiles, but it - does not defile from the exterior, and this has no open air space.", | |
"וטמאות במשא הזב – through defilement by movement (even by indirect movement by means of a lever), for if they were carried or moved from the contact with someone with a flux, they are impure, and even though they have no open air space.", | |
"מפני שלא נגמרה מלאכתן – for the cutting that is made in their middle, this is the completion of their work [of creation]. But the Halakha is not according to Rabbi Eleazar ben Zadok, but glazing in a furnace is the completion of their work, therefore they become defiled through contact with the person who has a flux even before they are divided." | |
], | |
[ | |
"מלילות – ears of corn that did not ripen completely, and they load them with stones and the liquid flows from them and he immerses in it.", | |
"יגמור – for after they have been pressed and crushed from Friday, he completes and may eat [them] on Shabbat. And it is not similar to liquids that flowed that are forbidden, as a decree lest he wring out [the liquid], for here, even if he should wring out [the liquids], there is no prohibition from the Torah, because the liquids come of their own accord.", | |
"לא יגמור – in order to eat after he has sanctified the [Sabbath] day, for it is prohibited like other liquids that flowed. And the Halakha is according to Rabbi Yishmael." | |
], | |
[ | |
"עיר של זהב – golden crown that is made like the form of the city of Jerusalem, and we don’t suspect that perhaps she will take it off and show it and will bring it four cubits in the public domain (versus Tractate Shabbat, Chapter 6, Mishnah 1, which teaches in an anonymous Mishnah that a woman should not go out on Shabbat with a golden crown that is made like the form of the city of Jerusalem).", | |
"ומפריחי יונים – one of the kinds of sport/jest [that one plays with one’s pigeons]: if your pigeon will come before my pigeon, I will give you such-and-such, for one who raises a pigeon who is knowledgeable to bring [other] pigeons to the house in the upper story. And there is through them theft because of the ways of peace, but not complete theft.", | |
"ספק נגע ספק לא נגע ספיקו טהור – because it is a passing defilement and does not rest in a place, therefore, its doubt is ritually pure and even in the private domain." | |
], | |
[ | |
"סנדל של סיידין – the wooden shoe that they wear on their feat when they are engaged with lime/plaster to protect their feet that they don’t burn in the lime, and if a person with a flux wore it, it would be impure through Levitical uncleanness arising from a someone with a flux’s immediate contact by treading [or leaning against].", | |
"ועל שיירי תנור ארבעה – if it was large enough and it became defiled and afterwards broke, he would not be pure until there would not be in its shards a height of four [handbreadths], for shards are susceptible to receiving defilement as if it was whole, until the shard would be less than the height of three [handbreadths]. But a mere oven that is in the Mishnah is made like a large pot which has no rim and when they fasten it with plaster on the ground and the floor of the ground is the bottom of the oven.", | |
"שנים מחיפוייו – from the boards that are made for sitting.", | |
"שרבי עקיבא מטמא – as he {i.e., Rabbi Akiva) holds that even though it is not appropriate for sitting, it is appropriate to receive pomegranates, and it is impure because it is a receptacle.", | |
"וחכמים מטהרין – as they hold because its essential purpose is that it was made for sitting and not as a receptacle, since the purpose for which it had been made was annulled. And it does not defile even because of being a receptacle. And the Halakha is according to the Sages." | |
], | |
[ | |
"האב זוכה לבן וכו' – since it is close that the nature of the son is to be similar to the nature of the father, and beauty, and strength and wisdom and years, a man endows [his son] with them from the beginning of his creation according to his nature, and wealth a person bequeaths to his son. And wisdom that we speak of here, is the straight ingenuity of mind/brightness of mind, which is in a person according to his nature. And years, length of days. And to me it appears that if a person endows them, he will have sons who are pleasant, strong, wise, rich and who live long lives.", | |
"ובמספר הדורות לפניו – Sometimes that the Holy One, blessed be He promises that his father will do good for his seed to the third generation or to the fourth generation, and the father endowed to that generation that this particular goodness will come to them.", | |
"הוא הקץ – that the Holy One, blessed be He, determined for this matter that it will be for a specific time and for a certain generation, such as (Genesis 15:14,16): “…and they shall be enslaved and oppressed four hundred years…and they shall return here in the fourth generation…,” that the number of generations which is the fourth generation will be end of the four hundred years." | |
], | |
[ | |
"שנאמר והיה מדי חודש בחדשו – when the month comes in the same month that he died in it, he would leave from Gehinnom and come to worship before God.", | |
"שנאמר ומדי שבת בשבתו – that is to say, after he would be in Gehinnom so many days like there are from the first day of Passover, which is called “Shabbat,” as it is written (Leviticus 23:15): “[And from the day on which you bring the sheaf of elevation offering]– the day after the Sabbath – you shall count off seven weeks. [They must be complete],” until Atzeret/Shavuot which is the from the morrow of the seventh Sabbath, he left from Gehinnom and comes to worship." | |
] | |
], | |
[ | |
[ | |
"כל המטמאין באוהל – such as the dead, and the decayed matter (i..e., liquid and coagulated portions of a corpse – see Tractate Ohalot, Chapter 2, Mishnah 1) and a spoonful of dust [of earth from a grave of decaying human body], and all those that are taught at the beginning of the second chapter of Tractate Ohalot.", | |
"שנחלקו – their measures in halves.", | |
"שהכניסן – when they are divided.", | |
"לתוך הבית – that is inside one tent.", | |
"רבי דוסא בן הרכינס מטהר – that he holds that they do not combine to the appropriate measurement.", | |
"הנוגע בכשני חצאי זיתים מן הנבילה – he started about tent impurity and continued with impurity of a carrion, to tell you that just as Rabbi Dosa holds that they do not combine for the defilement of a tent, so too, he holds that they defilement of contact and carrying do not combine, whether with the dead person or a carrion.", | |
"הנוגע בחצי זית ומאהיל על חצי זית – When one overshadows on a dead person, he is impure as if he had been with the dead person in the tent. And all of these where he is overshadowing in the first part of the Mishnah, we are speaking of squeezed defilement, for there is no difference between the defilement and the tent that is open a hand-breadth, and because of this, the Sages defile, for a tent like this, it is contact, and at the end of the Mishnah it is taught that if one is in contact with half-olive’s bulk and another thing, it overshadows upon him, etc., and the Rabbis admit that he is pure, when speaking where there is a hand-breadth’s opening whether between the defilement and the tent. And in this, the Rabbis admit that they don’t combine, for contact and tent are two different modes of contamination and whatever is from two different modes does not combine. But Rabbi Dosa holds that even with pressed defilement, they don’t combine.", | |
"רבי מאיר וכו' – Rabbi Meir disputes the first Tanna who said that when there is a hand-breadth’s opening between the defilement and the tent, the Rabbis admit that he is pure, and it doesn’t combine. And he said that even in this, the Rabbis dispute on Rabbi Dosa and hold that contact and the tent category. Therefore, they combine regarding the measurement and defile, but the Halakha is not according to Rabbi Meir.", | |
"חוץ מן המגע עם המשא – such as the case where he came in contact with one-half an olive’s bulk and shook one-half an olive’s bulk.", | |
"והמשא עם האוהל – that he shook one-half an olive’s bulk and overshadowed on the other one-half.", | |
"משם אחד – such one type of contact and another kind, one kind of carrying and another, one tent and another tent." | |
], | |
[ | |
"אוכל פרוד – such as a pile of nuts, peanuts and almonds, when they are separated one from the other, they lack the equivalent of an egg which is the measure for defilment of foods to defile others.", | |
"אינו מצטרף – and if they were ritually impure and came in contact with ritually pure [foods] when they are in a pile, they do not combine with each other to defile the pure [foods] since there isn’t among any of them on its own like the measure for the defiling of foods.", | |
"אסימון – it is made like the form of the coin in vogue, but they had not yet formulated the coin (i.e., a picture indicating the value), and we don’t redeem Second Tithe with it, as it is written (Deuteronomy 14:25): “Wrap up the money n your hand,” something that has upon it a form.", | |
"מטבילין ידים לחטאת – Whomever has come in contact with impure food-stuffs and liquids and similar thing from those things that defile the hands and don’t defile the entire body, he immerses his hands only, and it is fit to com in contact with the waters of purification (i.e., water mixed with the ashes of the Red Heifer) and to be sprinkled from the ashes of the [Red] Heifer on the impurity.", | |
"אם נטמאו ידיו נטמא גופו – and it requires immersion of the entire body, for they made a preference for the waters of purification that if his hands had been defiled, his entire body was defiled, which is not the case with Priest’s Due/Terumah and Holy Things [in the Temple]." | |
], | |
[ | |
"מעי אבטיח – the seeds and the liquid that is within the melon.", | |
"וקניבת ירק – the mouldy/decayed leaves that we remove from the vegetables.", | |
"מנה מנה ופרס (this segment of the Mishnah is also taught in Tractate Hullin, Chapter 11, Mishnah 2) – Each one is worth a Maneh and one-half and less than this is not considered fleece/shorn wool for this is the least of the fleece.", | |
"כל שהן – not exactly for less than sixth Selah the Rabbis do not obligated in the first shorn wood (which is the priest’s gift), but because Rabbi Dosa provides a large measurement, the Tannah calls for the small measurement of the Rabbis, however much they produce. And the weight of the Sela is twenty-four Ma’im and the weight of each M’ah is sixteen globules of barley-seed.s" | |
], | |
[ | |
"חולצות – matting that is made from bulrushes/reed-grass and things similar to it. And they have a rim surrounding it.", | |
"טמאות טמא מת – for they have a receptacle but defilement of lying and sitting, because they are not appropriate for lying nor for sitting.-", | |
"וחכמים אומרים מדרס – for they are also suitable to be lain upon.", | |
"הקליעות – threats that are made in a matting/network.", | |
"טהורות – that are not considered woven/in a web and this is not clothing.", | |
"חוץ משל גלגילון – screens/networks of belt that they gird with it, and it is considered clothing.", | |
"כולם טמאות – for all are considered clothing, except for the screens that those who sell wool make to tie on it bundles of wool." | |
], | |
[ | |
"קלע – [the sling] that they throw with it stones, like you say (Judges 20:16): “ [Of all this force- 700 picked men -were left handed.] Every one of them could sling a stone at a hair and not miss.” (1 Samuel 25:29): ”But he will fling away the lives of your enemies as from the hollow of a sling.”", | |
"בית קיבול שלה – the place where they put in the stone that they want to throw.", | |
"בית אצבע שלה – like a small hole that one puts one’s finger into.", | |
"בית הפקיע – the handle that one holds on to when one twirls the sling in the air to release and throw the stone." | |
], | |
[ | |
"שבויה – the wife of a Kohen who was taken captive (also, the daughter of a Kohen).", | |
"אוכלת בתרומה – and we don’t suspect lest a heathen came upon her and made her a harlot nad invalidated her from the Terumah/priest’s due.", | |
"שהפה שאסר הוא הפה שהתיר (this section of the Mishnah is taught in Tractate Ketubot, Chapter 2, Mishnah 5) – just as they believed her when she said: “I had been taken captive,” so one is able to believe her when she says, “and I am pure." | |
], | |
[ | |
"הטמא עומד – the leper stands under the tent or under the tree.", | |
"וטהור עובר – on the way there (i.e., to the tent or tree). It is doubtful if he came in contact or did not come in contact [with it] or if he was overshadowed by the tree or was overshadowed by both of them and both the pure became impure, and it is doubtful if he was not overshadowed and not defiled, this is one doubt or the pure one stood and the leper passed by, which is the second doubt.", | |
"טומאה ברשות היחיד וטהרה ברשות הרבים – such as a store open to the public domain, it is doubtful if he entered and it is doubtful if he did not enter.", | |
"או שטהרה ברשות היחיד והטומאה ברשות הרבים – these are two other doubtful cases.", | |
"רבי יהושע מטמא – as he holds that since the private domain is combined/joint in the doubtfulness of this defilement, this is a doubtful defilement in the private domain and its doubtfulness is defiled.", | |
"וחכמים מטהרים – for they hold that since a doubtful defilement in the public domain is combined in it, this is doubtful defilement in the public domain and its doubtfulness is pure. But the Halakha is not according to Rabbi Yehoshua." | |
], | |
[ | |
"מסמר השולחני – the money-changer hangs on it the scale of the balance. But our Rabbis explained that it was a fixed nail/pin set in the stand that is in front of the money-changer to put up the shutters of the shop. And the Rabbis make them pure because its use is with the ground.", | |
"אבן השעות – a stone which has zones and markings on them the names of the hours which is inserted in it with a nail and through it they determine the hours. And in a foreign tongue, they call it IRLIVE and in Arabic ALBALATA.", | |
"וארון של גרוסות – that makes pounded beans with their millstone, they have a sort of wooden cabinet.", | |
"ר' צדוק מטמא – this cabinet, for it has the status of a utensil on it.", | |
"וחכמים מטהרין – for a wooden utensil is make to stand and it is not make to carry. But Rabbi Tzadok held, that sometimes we repair it to carry it, but the Halakha is not according to Rabbi Tzadok." | |
], | |
[ | |
"טני – a metal utensil that householders place in it broken wares/trash and broken metal utensils. And Rabban Gamaliel defiles the cover/lid for he holds that the lid is considered and utensil, since the lid also has a receptacle. But the Sages [declare it] pure, as they hold that since it was not made other than to cover it, it is not considered a utensil.", | |
"ותלוי המגרדות – nails that hangs on them the strigils in the bath houses and when everyone enters there, each person takes a strigil and combs/scrapes his feet and his body.", | |
"וגולמי כלי מתכות – that is needed to rub/polish, comb and knock together with a mallet or something lacking a rim or a handle, they do not become defiled according to the words of the Sages until their work has been completed.", | |
"טבלא שנחלקה לשנים – an earthenware plate that has vertical rims/edges and it is made as two equivalent pieces where one of them is not larger than its fellow, and in this Rabban Gamaliel and the Sages dispute. But the Halakha is according to the Sages." | |
], | |
[ | |
"אין טומנין את החמין מיום טובל לשבת – For the School of Shammai holds that we don’t bake other than if he created a symbolic continuity of action (i.e., Eruv) with the bread, and we don’t cook other than if he made the legal fiction with the cooked food (i.e. preparing a dish on Thursday and letting it lie over until the end of the Sabbath, by which fiction all the cooking for the Sabbath which he does on the Holy Day on Friday is merely a continuation of the preparation begun on Thursday), and we don’t keep dishes warm other than if they were kept warm from the eve of the Holy Day (Thursday). But the School of Hillel holds that we bake and cook and keep dishes warm with the legal fiction with cooked foods alone.", | |
"אין זוקפין – a candelabrum of pieces when its pieces can be taken apart, we don’t restore them, for that is like [the prohibition of] building, and there is building with utensils and the School of Hillel holds that there is no [prohibition of] building with utensils.", | |
"גריצין – thick loaves.", | |
"אלא רקיקין – thin loaves, for the School of Shammai holds that one does not bake a large batch of bread on Holy Days because of the trouble. But the School of Hillel says that one bakes a large batch of bread on the Holy Day/Yom Tov, for at the time that there is a large batch of bread, it is baked well.", | |
"חרי – large dough that is baked on the coals. But the Halakha is not according to Rabban Gamaliel in all matters where is he stringent like the words of the School of Shammai." | |
], | |
[ | |
"מכבדין בין המטות – where they eat there and it is customary for them to recline on the couches and eat.", | |
"מוגמר – frankincense on the coals in order to smell it, but to polish the utensils, everyone says that it is prohibited.", | |
"מקולס – its legs and its bowels hanging [at its side] outside it when they roast it, and they do it in memory of the Passover offering, as it is written concerning it (Exodus 12:9): “but roasted – head, legs, and entrails -over the fire.” The animal roasted in its entirety with the entrails and legs on the head like this hero with its armaments of war with it. It is an Aramaic translation of “and a copper helmet” is helmet of copper (see Tractate Pesahim 74a where Rabbi Tarfon called it a kid with its helmet on).", | |
"וחכמים אוסרים – in all three [they forbid it]; serving food because of they will make holes/indentations, and the frankincense on the coals because it is not a need for every person but only for those who are most indulged or for the person who smells bad and the animal with its legs and bowels hanging [at its side] because it appears like eating Holy Things outside [the Temple] and the Halakha is according to the Sages." | |
], | |
[ | |
"פרתו יוצאת ברצועה בין קרניה – for beauty, and the Sages said that it is a burden and not an ornament for it. And it was not the cow of Rabbi Eleazar ben Azariah, bur of his neighbor. And because he did not protest about it, it is called by his name.", | |
"ומקרדין בי\"ט – it is a kind of small saw of iron whose teeth are thin. And they rub and saw with it the cattle and even though he makes a wound.", | |
"ברחים שלהן – with small [millstones] it is made for that.", | |
"מקרצפים – with a wooden saw whose teeth are thick and don’t make a wound.", | |
"אף לא מקרצפים – since we decree that currying with a strigil/scratching [for the sake of] currying/scraping (which wound the skin). And the Halakha is not according to Rabbi Eleazar ben Azariah. But, rub and saw the cattle only with a small saw of iron because through it we can fulfill the approach of Rabbi Shimon who stated that a thing without intention is permitted and we hold like him. But the Sages dispute him and hold like Rabbi Yehuda who stated that a thing where he doesn’t have an intention is prohibited, but the Halakha is not like this." | |
] | |
], | |
[ | |
[ | |
"ביצה שנולדה ביום טוב – we are dealing with the Holy Day [that occurs] right after Shabbat, and the reason for the School of Hillel is that they say that a person should not eat it (i.e., an egg) because every egg that is born/hatched today, it was completed the day before and it is found that Shabbat is preparing for the Holy Day. And the Torah states (Exodus 16:5): “But on the sixth day, when they apportion [what they have brought in, it shall prove to be double the amount they gather each day].” But a regular “Friday” is a secular/non-holy day. One can prepare on a non-sacred day for Shabbat, and one can prepare on a non-sacred day for the Holy Day and the Holy Day is called “Shabbat,” but on a Holy Day, one cannot prepare for the Shabbat, nor can one prepare on the Sabbath for a Holy Day, and the preparation of an egg, even though it is in the hands of Heaven, is called “preparation.”", | |
"שאור בכזית – in regards to eating, the whole world doesn’t disagrees that both {the Schools of Hillel and Shammai) agree that the minimum [prohibited amount of leaven] is an olive’s bulk, since the Biblical verse begins with leaven (Exodus 12:19): “No leaven shall be found in your houses [for seven days]…” and it (i.e., the verse) concludes (ibid.): “For whoever eats what is leavened,” to inform you that leaven is equivalent to Hametz, just as the one, so is the other. But they dispute regarding getting rid of it. The School of Shammai holds that since the All-Merciful wrote concerning both “leaven and Hametz,” we learn from it that the measure of one is not the same as the measure of the other, and we don’t derive getting rid of it from [the prohibition of] eating of it. But the School of Hillel holds that we do derive getting rid of [Hametz] from [the prohibition of] eating of it." | |
], | |
[ | |
"הכל מודים שהוא מותרת – for it known that the fetus completed its months.", | |
"ואפרוח שיצא – everyone admits/agrees that it is prohibited because of the moving creatures of the birds.", | |
"השוחט חיה ועוף (this part of the Mishnah is also taught in Tractate Betzah, Chapter 1, Mishnah 2) – who comes to slaughter beasts and fowl on Holy Days and they took counsel in the Jewish court how one might do this.", | |
"ב\"ש אומרים – The Jewish court teaches him that he may slaughter [the animal] ab initio and dig with a mattock/pronged-tool stuck into the ground that he has while it is still daylight, that is to say, he should from the place where it is stuck and bring up dirt and cover it (i.e., the blood]. And we are speaking of that which is stuck in crushed/loose earth that is suitable for covering which is not lacking crushing/pounding.", | |
"דקר – a peg which we stick into the ground; the language of (Numbers 25:8): “[He followed the Israelite into the chamber] and stabbed both of them…”", | |
"שאפר כירה מוכן הוא – it does not refer to the matters of the Schools of Shammai and Hillel but rather it is an independent matter of its own and this is how it should be understood: the ashes of the stove may be regarded as set in readiness. And it is not taught that it was heated from the Eve of the Holy Day, but if it was heated on the Holy Day, it is prohibited as we cannot say that from the day before, our mind was upon it. And if it is appropriate to roast an egg in it, for still there are hot ashes/embers, it is permitted to cover it. Since one can turn it over to roast it an egg, we can take it also and cover it." | |
], | |
[ | |
"הבקר לעניים הבקר (this Mishnah is also taught in Tractate Peah, Chapter 6, Mishnah 1)– he who renounced ownership for the poor but not for the rich, the law of renunciation applies to him, and he is not liable for gleanings, forgotten produce, the corner or the field nor for tithes, as it is written (Leviticus 19:10): ”[You shall not pick your vineyard bare, or gather the fallen fruit of your vineyard;] you shall leave them for the poor and the stranger…” What is the meaning of “you shall leave them?” It teaches about another form of leaving, that is renunciation of ownership like this, just as it is for the poor and not for the rich, so renunciation of ownership is for the poor and not for the rich.", | |
"עד שיפקיר אף לעשירים כשמטה – as it is written (Exodus 23:11): “But in the seventh you shall let it rest and lie fallow…” What does it mean “and lie fallow?” It comes to teach on another form of lying fallow, that is, a renunciation of ownership which is like the Seventh year. Just as the Seventh year is for the poor and for the rich, so too, renunciation of ownership is for the poor and for the rich.", | |
"כל עומרי השדה של קב קב – if each of all the sheaves in the field were one kab, and one was four kabim and he forgot that one, that is forgetting. More than this, it is not forgetting, and similarly, if all the sheaves were two kabs and one was eight kabs and he forgot it, that is also forgetfulness. More than this is not forgetfulness." | |
], | |
[ | |
"לגפה (this Mishnah is also taught in Tractate Peah, Chapter 6, Mishnah 2) – a fence of stones set up one on top of the other without plaster.", | |
"ולכלים – the utensil of the plough", | |
"ב\"ש אומרים אינו שכחה – The dispute of the Schools of Shammai and Hillel regarding sheaves that taken possession of to be brought into the city and he placed it at the side of the wall or on the side of the stack and forgot it there. For the School of Shammai states that it is not something forgotten, for he merited it. But the School of Hillel states that it is something forgotten. Another interpretation: The School of Shammai states that it is [not] something forgotten, even sheaves that were taken possession of as such at all, it is not something forgotten, for since he placed them at some specific thing that he would in the future remember it. But the School of Hillel states that it is something forgotten all the while that he didn’t take possession of them. But the School of Hillel admits that if he took possession of them and afterwards forgot it, it is not something forgotten" | |
], | |
[ | |
"כרם רבעי (this Mishnah is also taught in Tractate Peah, Chapter 7, Mishnah 6 and also in Tractate Ma’aser Sheni, Chapter 5, Mishnah 3) – which needs redemption if he comes to eat it outside of Jerusalem and the same law applies to all fruit-bearing trees.", | |
"אין לו חומש – For the Torah did not write concerning it that the owners add one-fifth in the matter that it wrote regarding the Second Tithe.", | |
"ואין לו ביעור – he is not liable to remove it from the house on the Eve of Passover of the fourth year and of the seventh year as one removes the tithes, as it is written (Deuteronomy 26:13): “[You shall declare before the LORD your God:] ‘I have cleared out the consecrated portion from the house, [and I have given it to the Levite, the stranger, the fatherless and the widow…].”", | |
"יש לו חומש ויש לו בעור – The School of Hillel derives “holy” “holy” from tithes (Leviticus 19:24: “In the fourth year all its fruit shall be set aside [literally – “holy”] for jubilation before the LORD; and Leviticus 27:30: “All tithes from the land, whether seed from the ground or fruit from the tree, are the LORD’s;] they are holy to the LORD).” Just as tithes have an added fifth and it has removal, so does the fourth year fruit of the vineyard - it has the added fifth [when redeemed] and it has removal. But the School of Shammai does not derive “holy, holy” from tithes.", | |
"יש לו פרט ויש לו עוללות – for they are considered like non-holy produce.", | |
"והעניים פודין לעצמן – The grapes fallen off during cutting and the gleaning reserved for the poor which they harvested, and they eat them in their place and bring their monetary value to Jerusalem.", | |
"וב\"ה אומרים כולו לגת – because they derive it from tithes, and they hold that the Second Tithe money belongs to “On-High.” Therefore, the poor have no portion in it and they tread on the gleanings with the rest of the wine, and the owners bring it all up to Jerusalem." | |
], | |
[ | |
"מגולגלים – picked with salt in order to sweeten them.", | |
"אינו צריך לנקב – the barrel, and even though that the thin secretion that comes out from them floats on top, it does not make them susceptible to receive defilement. And it is not satisfactory with that thin secretion that comes out, and we require a liquid that is satisfactory for it, as it is written (Leviticus 11:38): “but if water is put/YUTAN on the seed [and any part of a carcass falls upon it, it shall be unclean for you].” It is written as יתן\"”/he will put on it, but we read it is as “יותן”/is put on [the seed]. Just as יתן/will put on – is satisfactory for it, so too יותן/is put on [the seed] is satisfactory for it.", | |
"צריך לנקב – to perform an action to reveal his intention that it is not satisfactory for him that this thin secretion floats on top of the olives and he wants that it would exit through the perforation that he makes in the barrel.", | |
"וסתמוה שמרים שהיא טהורה – for since he perforated it, he revealed his intention that it is not satisfactory to him and furthermore, that thin secretion makes them susceptible to receive defilement.", | |
"אף על פי מנטף טהור – and even though the oil drips from his skin after he has immersed [in a Mikveh], he is ritually pure.", | |
"כדי סיכת אבר קטן – if there didn’t remain from the oil on his skin other than the anointing of a small limb, he is ritually pure. But more than this measurement, he is ritually impure, For since the oil that was defiled when he was defiled, and remained on his skin and defiled him. For the oil that is on his skin was not purified in the Mikveh, for there isn’t a liquid that receives purity in the Mikveh other than water alone through dipping of a vessel, filled with an unclean liquid, so as to make its surface level with the surface of the water into which it is dipped.", | |
"ב\"ש אומרים כדי סיכת אבר קטן – it is pure; more than this, it is impure.", | |
"משקה טופח [מטפיח] – that there is moisture in one pan until it reaches another pan, the moisture attaches itself also to it. But the Halakha is not according to Rabbi Yehuda." | |
], | |
[ | |
"בדינר ובשוה דינר – and the weight of the Denar is ninety-six silver panicles.", | |
"פרוטה – one-half of a silver panicle.", | |
"איסר – its weight is four globules of barley, and it is called Italki on account that it was coin that came from Italy.", | |
"בגט ישן (this section of the Mishnah is also taught in Tractate Gittin, Chapter 8, Mishnah 4) – as it is explained further on that he (i.e., the husband) that wrote to divorce his wife and after the Jewish bill of divorce was written, he engaged in sexual intimacy with her. The School of Shammai holds that we do not say that it is a decree lest people say that her Jewish bill of Divorce came before her child/son, for if we delay [the delivery of the Jewish bill of divorce] a year or two [years] between the writing and the giving and that she will have children from him during this time, and afterwards he will divorce her with it (i.e., the Jewish bill of divorce), and when they would see that the time of the Jewish bill of divorce was prior to the birth of the child, [people] would think that he gave it to her from the time of its being written, and the defect that that they would say that he (i.e., the child) was born from a freed woman. And the legal decision is that a man should not divorce his wife with an “old Jewish bill of divorce,” and if he divorced her and then the husband went to another country, she can marry him ab initio.", | |
"ולנה עמו בפונדקי (this section of the Mishnah is also taught in Tractate Gittin, Chapter 8, Mishnah 9) – and there are witnesses of sexual intimacy there (which generally, today, follows the wedding ceremony), but there aren’t there witnesses of sexual intercourse. The School of Hillel holds that these are both the witnesses of sexual intimacy and the witnesses of sexual intercourse, for there is a presumption that nobody wants to make his intercourse of woman one of prostitution (but wants to make her his wife thereby), when he has the ability in his hand to engage in sexual intercourse not for the sake of prostitution and that he has betrothed her through sexual intercourse. But the School of Shammai holds that we don’t say that these witnesses are both providing testimony for both sexual intimacy and sexual intercourse until they have seen that she has had sexual intercourse." | |
], | |
[ | |
"מתירין את הצרות לאחין – rivals of a woman forbidden on account of consanguinity, they (i.e., the School of Shammai) permit her to engage in a levirate marriage to the dead husband’s brother, for they lack [acceptance of] the expounding of [the Biblical verse] (Leviticus 18:18): “Do not marry a woman as a rival to her sister [and uncover her nakedness in the other’s lifetime],” that implies from this that he cannot marry neither her, nor her associate wife, nor her associate’s associate wife.”", | |
"חלצו – the associate wives from the brothers.", | |
"ב\"ש פוסלין – the associate wives from [marrying into] the priesthood, for their taking off of the levir’s shoe is considered a valid act of removal of the levir’s shoe.", | |
"וב\"ה מכשירין – for their act of taking off of the levir’s shoe was not necessary, and it is as if she is removing the shoe of a heathen.", | |
"נתיבמו – to the [dead husband’s] brothers.", | |
"ב\"ש מכשירין – them to [marry] Kohanim, if they had become widowed from their levirs.", | |
"וב\"ה פוסלים – since they were engaged in sexual relations with someone prohibited to them, and when they engage in sexual relations with someone prohibited to them, it makes her a harlot and a harlot is prohibited to a Kohen.", | |
"לא נמנעו – and even though the children of the associate wives have already engaged in levirate marriage according to the words of the School of Shammai, they are illegitimate/Mamzerim according to words of the School of Hillel, because the prohibited act of marrying one’s wife’s brother has come upon them, and marrying the wife of one’s brother [makes him] liable for extirpation and the children of those who are liable for extirpation are illegitimate/Mamzerim. And despite this, the School of Hillel was not prevented from marrying women from the School of Shammai, because they would inform them of those who come from the rival wives and separate themselves from them.", | |
"אלו על גב אלו – they lend out their utensils one to the other." | |
], | |
[ | |
"מופנה (this part of the Mishnah is found in Tractate Yevamot Chapter 3, Mishnah 5)– lives without a wife.", | |
"מאמר – Betrothal/Sanctification and with the widow of a brother who died without issue, does not take effect other than through the words of the Scribes.", | |
"אשתו עמו – for the School of Shammai holds that the wife the bespoken one is considered as entered into marriage, and when her sister fell [into widowhood] afterwards, she was not forbidden because of being the sister of her chained one.", | |
"והלה – and this one should be go free even from the ceremony of removing the levir’s shoe if he refuses to consummate the marriage with his dead brother’s widow, because she is the wife’s sister.", | |
"מוציא אשתו בגט – for the levir’s betrothal by word of mouth is not so strong to compare it as if he is married, for this prohibits her because of she is the sister of the chained one, and she requires a Jewish bill of divorce because of the Ma’amar/the levir’s betrothal by word of mouth to his dead brother’s widow and shed also requires the ceremony of removing the levir’s shoe [when he refuses to consummate the marriage of with his dead brother’s widow], for since Ma’amar is not a complete betrothal and she is still as yet chained and requires the ceremony of removing the levir’s shoe because of the interdependence of the childless widow and her late husband’s brothers; and in the beginning, he gives her a Jewish bill of divorce and afterwards conducts the ceremony of removing the shoe of the levir [and spitting in his face].", | |
"אי לו – woe is to him on his wife that he has to divorce her with a Jewish bill of divorce.", | |
"ואי לו על אשת אחיו – that he has to have her [conduct the ceremony to] .remove her levir’s shoe [and spit in his face]." | |
], | |
[ | |
"המדיר את אשתו מתשמיש המטה (this part of the Mishnah is also taught in Tractate Ketubot, Chapter 5, Mishnah 6) – such as the case when he (i.e., the husband) said: “your benefit of sex will be forbidden to me, but the benefit of my sex will be forbidden upon you, is not forbidden,” for he is subjugated to her, as it is written (Exodus 21:10): “[If he marries another,] he must not withhold from this one [her food, her clothing] or her conjugal rights.”", | |
"ב\"ש אומרים שתי שבתות – if he made her take a vow for two weeks, she should wait, for so we found with a woman who gave birth to a girl is ritually defiled for two weeks.", | |
"וב\"ה אומרים שבת אחת – for such we have found with the menstruant woman who is ritually impure for seven days, and we learn that something that is frequent, that is, the anger that a man expresses towards his wife and makes her take a vow, and that is something that is frequent, from the case of a menstruant woman which is something that is frequent, which excludes a woman who gives birth to a female which is not all that frequent. But the School of Shammai holds that we learn a thing that he caused her, that is the vow of a man that he caused her to wait, from giving birth which through him comes upon her, to exclude the case of a menstruant woman that of itself comes upon her, and more than one week, according to the School of Hillel or two weeks, according to the School of Shammai, he should release her (i.e., divorce her) and give her a Ketubah settlement, and even a camel driver whose period is one days or a sailor whose period is six months.", | |
"המפלת לאור שמונים ואחד (this section of the Mishnah is also taught in Tractate Keritut, Chapter 1, Mishnah 6) – she gave birth to a female, and the night of the eighty-first day when it was appropriate for her to bring her atonement, she miscarried.", | |
"ב\"ש פוטרים מן הקרבן – from the second birth, even though it it was after it was full, since it was at night, and the appropriate hour for the sacrifice did not end, for the night was lacking the time of the sacrifice, as it is written (Leviticus 7:38): “when He commanded that the Israelites present their offerings to the LORD…” Therefore, with regard to the sacrifice it is like the day of completion.", | |
"וב\"ה מחייבין – since it is after she completed it that she miscarried.", | |
"סדין – of flax/linen.", | |
"ב\"ש פוטרין – because it is the manner of a [linen] sheet that we wear it at night, and Tzizit/ritual fringes which has a “thread of blue,” which is wool colored with the blood of a Chalazon/purple-shell used for dying T’kheletl, which is mixed seeds/Kilayim in a linen sheet, and during the daytime which is the time for this Mitzvah, the positive command of Tzizit overrides the negative commandment of not wearing Shaatnez/linen and wool together (Deuteronomy 22:11 – “You shall not wear cloth combining wool and linen). But at night, when the command of Tzizit/ritual fringes does not apply, as it is written (Numbers 15:39): “[That shall be your fringe;] look at it [and recall all the commandments of the LORD and observe them],” excluding clothing of the nighttime. If he wears ritual fringes/Tzizit on linen sheet, he is liable because of “You shall not wear clothing combining wool and linen,” but the School of Shammai holds that we make the decree that a linen sheet with Tzizit, even during the daytime does not make one liable, with a decree because of night-time clothing which makes it liable because of mixed seeds. And the School of Hillel holds that we do not make this decree.", | |
"כלכלת שבת (this portion of the Mishnah is also taught in Tractate Ma’aserot, Chapter 4, Mishnah 2) – a basket filled with fruits that have been designated for the Sabbath.", | |
"ב\"ה מחייבין – [The School of Hillel] obligates them] for tithes immediately, even before the Sabbath, since he designated it for the Sabbath, it was appointed immediately. But the School of Shammai holds that the Sabbath does not establish it until it has entered." | |
], | |
[ | |
"ואח\"כ בא לארץ (this Mishnah is also taught in tractate Nazir, Chapter 3, Mishnayot 6 and 7) – for the Nazirite [vow] is not practiced other than in the Land [of Israel] because of the defilement of the land of the nations, and [whomever] took a Nazirite vow in the Diaspora, we require him to come up to the land of Israel to practice his Nazirite [vow].", | |
"נזיר ל' יום – We fine him that he should fulfill his undefined Nazirite vow in the Land of Israel which is thirty days.", | |
"נזיר בתחלה – he must practice it in the land of Israel according to the number of days that he vowed for his Nazirite vow, and the days which he practiced as a Nazirite outside the land of Israel are as if he had not practiced his Nazirite vow at all.", | |
"אלו מעידין שנדר שתים – two Nazirite vows.", | |
"ואלו שנדר חמש – at the same time that you say that he took a vow for two, we testify that he took a vow for five Nazirite vows, and he states that he didn’t make a vow at all. -", | |
"נחלקה העדות – since they contradict each other, their words have been voided; there is no testimony at all.", | |
"וב\"ה אומרים יש בכלל חמש שתים – and he will be a Nazirite for two [periods]." | |
], | |
[ | |
"אדם שהוא נתון תחת הסדק (this Mishnah is also taught in Tractate Ohalot, Chapter 11, Mishnah 3) – a covered place in front of the house (excedra) whose ceiling was split and divided into two and utensils from one side and defilement from the other side. The utensils are ritually pure, as the air of [the split] interrupts and causes that the defilement doesn’t pass to the second side, and if a person was put there I in the ground on the floor of the covered place in front of the house, opposite the split.", | |
"ב\"ש אומרים אינו מביא את הטומאה – he doesn’t bring the ritual defilement other than something that has an open space of a hand-breadth.", | |
"וב\"ה אמרים אדם חלול הוא – and even though his intestines are inside are inside him, the hallow that is within his body is considered as hallow one-handbreadth." | |
] | |
], | |
[ | |
[ | |
"רבי יהודה אומר. דם נבילות ב\"שש מטהרין – it is not considered as something that died of itself.", | |
"ביצת נבלה – such as the case where it became ritually forbidden by unskillful slaughtering, and eggs were found in it after the slaughtering.", | |
"אם כיוצא בה נמכרת בשוק – for its shell is hard, and it is completed like the rest of the eggs sold in the marketplace.", | |
"ואם לאו – and if it is not completed", | |
"אסורה – for it is considered like its intestines.", | |
"דם נכרית ב\"ש מטהרים (this section of the Mishnah is also taught in Tractate Niddah, Chapter 4, Mishnah 3) as it is written in the portion of a person with a flux (Leviticus 15;2): “Speak (in the plural) to the Israelite people and say to them;” the Israelite people become defiled by flux but the gentiles do not become defiled through flux. But the Rabbis decreed upon them that they would be like those with a flux for all of their words. The School of Shammai holds that when the Rabbis decreed on the spittle and urine, which are found frequently, but the blood of a woman with flux which is not found all that much, the Rabbis did not make a decree regarding it. The Rabbis made this thing recognizable, but did not defile the blood of a heathen woman with flux, in order that they would know that the defilement of a heathen is according to the Rabbis, just as the priest’s due and holy things are not burned on it.", | |
"כרוקה וכמימי רגליה – the blood of the heathen woman defiles like her spittle and her urine, that is moist, but not dry. And this is for recognition alone that they did it, for it had been defilement from the Torah, the blood would defile moist and dry. Now that it defiles only when moist, we recognize that it is defilement of the Rabbis.", | |
"ודם טהרה של מצורעת – the pure blood that the leprous woman saw when she gave birth after seven days for a son and two weeks for a daughter.", | |
"בטובה – that the person who eats attaches favor to the owner of the fruits that he fed him from his produce.", | |
"ושלא בטובה – who does not attach favor to him.", | |
"אין אוכלים בטובה – that it is forbidden to attach favor to the honors for the All- Merciful made them ownerless.", | |
"החמת – like a leather skin/bottle that was pierced and tied up.", | |
"צרורה עומדת – which does not receive defilement other than if it is tied up, that is to say, that it the leather was tied and bound, and it is not stiff at the point of the tie, for since they tied it and strengthened it and it receives defilement." | |
], | |
[ | |
"העוף עולה עם הגבינה – (see Tractate Hullin, Chapter 8, Mishnah 1 for parallel) as its prohibition is not other than from the words of the Scribes.", | |
"לא עולה – it was a decree lest the cheese served up [on the table] with the meat of cattle in a boiling tightly-covered pot, which is prohibited from the Torah for it is cooking.", | |
"ובה\"א אין תורמין (see Tractate Terumot, Chapter 1, Mishnah 4) - whomever has [olive] oil that he is obligated to separate from it the priest’s due and olives that is obligated to separate from it priest’s due, he is not allowed to separate the priestly gift from the olives according to the measure that he has to separate the priest’s gift from the olives and from the oil, and to exempt the oil through the priest’s gifts of the olives, for it is written (Numbers 18:27): “as with new grain from the threshing floor [or the flow from the vat],” from that which is completed on that which is completed, and not from what is not completed on that which is completed.", | |
"הזורע ארבע אמות בכרם (see Tractate Kilayim, Chapter 4, Mishnah 5) – which is the measure that a person must distance the seed from the vineyard, and the individual who sows within this measure has caused the condemnation of one row of the vineyard, as it is written (Deuteronomy 22:9): “else the crop – from the seed you have sown – and the yield of the vineyard may not be used,” but te School of Shammai holds that one row is called a vineyard. And the School of Hillel holds that something is not called a vineyard if it is less than two rows, and when the All-Merciful states that the yield of a vineyard has been condemned, two rows of the vineyard are spoken of.", | |
"המעסה (this section of the Mishnah is taught in Tractate Hallah, Chapter 1, Mishnah 6) -flour upon which boiling water is poured and it boils and thickens there. The School of Shammai exempts it from Hallah and the School of Hillel obligates [separating from it] Hallah. And the legal decision regarding this we have written at the beginning of [Tractate] Hallah (i.e., if it is baked in an oven, Hallah is required to be taken; but, if any deep or covered pan and/or in pan or anything where the flame passes underneath it, is exempt from Hallah being taken).", | |
"חרדלית (this section of the Mishnah is also taught in Tractate Mikvaot, Chapter 5, Mishnah 6) – like HARD’LIT a stream of water that comes from the bucket of the mountain, that is to say, from the height of the mountain, and even if from their beginning until their end there is nothing other than forty Se’ah, we immerse in according to the School of Shammai. But the School of Hillel states that we don’t immerse in it until there are forty Se’ah [of water] in one place, for rain water rushing down a slope/a torrent, does not purify other than in a cavity for the reception of water.", | |
"כפורש מן הקבר (this section of the Mishnah is also taught in Tractate Pesahim, Chapter 8, Mishnah 8) – and he requires sprinkling [of the ashes of the Red Heifer] on the third and seventh days (having been in contact with the dead -as per Numbers 19:19). But the Schools of Shammai and Hillel did not disagree other than in the case of an uncircumcised heathen who circumcised on the fourteenth day [of Nisan], for the School of Hillel holds that it is a decree lest he become ritually impure in the next year and say that “last year, I did not purify from all the ritual defilement until [the fourteenth] and I immersed and I ate; now, also, I will immerse and eat, but he did not know that last year, when he was still a heathen, he could not receive ritual defilement; now that he is an Israelite, and he can receive ritual defilement. But the School of Shammai holds that we don’t make this decree, but according to everyone, an uncircumcised Israelite may immerse and each his Passover offering in the evening." | |
], | |
[ | |
"קהלת אינו מטמא את הידים – because it is the wisdom of [King] Solomon, and it was not stated in the Holy Spirit.", | |
"מטמא את הדים – Because they (i.e., the School of Hillel) hold that Kohelet/Ecclesiastes was stated in the Holy Spirit. Therefore, it imparts impurity to the hands like the rest of Holy Scripture.", | |
"שעשו מצותן – After they had sprinkled them on the impure individual and he became pure through them (the ashes of the sin-offering), if they dripped from his body on to a person or on to utensils. (this section of the Mishnah, according to the commentary of Tosafot Yom Tov is not like the anonymous Mishnah taught in Tractate Parah, Chapter 12, Mishnah 4 as well as Mishnah 5).", | |
"הקצח – black seed that we call it NEELO in a foreign language, and it is customarily placed on bread and whomever uses this regularly does not have heart pains. [Tis is also taught in in the Tractate Uktsin, Chapter 3, Mishnah 6 and also at the end of chapter 1 of Tractate Tevul Yom, Mishnah 6).", | |
"ב\"ש מטהרין – for it is not considered food.", | |
"וב\"ה מטמאין – because it is customary to put it on foods and is considered food.", | |
"וכן למעשרות – just as they disputed regarding ritual defilement, they similarly disagree in the question of tithes which it defiles by the ritual impurity of foods, that one is obligated in tithing." | |
], | |
[ | |
"דם יולדת – that she delayed a week for [the birth of] a male and two weeks for female, and did not immerse [in a Mikveh].", | |
"בית שמאי אומרים כרוקה וכמימי רגליה – which ritually defile moist but do not ritually defile as dry,. Even her blood defiles moist but does not defile dry, and is not considered like the blood of a menstruant woman which defiles [both] moist and dry.", | |
"ובית הלל אומרים מטמא לח ויבש – all the time that she has not immersed [in a Mikveh], it is considered like the blood of a menstruant woman, and even though it is amidst the days of her purification.", | |
"ומודים ביולדת בזוב – that she needs to cunt seven clean days like the law of all the rest of those with a flux, for if she did not count nor immersed [in the Mikveh], and saw blood during the days of purification, which defiles [both] moist and dry, for it is considered like the blood of someone with a flux all the time that she didn’t count or immerse [in the Mikveh]." | |
], | |
[ | |
"חולצות ולא מתיבמות – for since both of them are tied by their interdependence of a childless widow and her late husband’s brothers (i.e., they cannot marry otherwise until released from their dead husband’s brother) to this one and to that one first and if he (i.e., one of the brothers) marries the wife of a brother who died without issue, he strikes against the sister of his obligated leviratical relation who is like his wife.", | |
"משום ב\"ש יקיימו וב\"ה [אומרים] יוציאו – in the Gemara in [Tractate] Yevamot 28a in the chapter “Four Brothers” (chapter three), they reverse it, as the School of Shammai states that they should release her, and the School of Hillel states they should uphold it [and remain wed], and such is the Halakah that if he went ahead and married [the two sisters], they may remain wed." | |
], | |
[ | |
"שער פקודה – the language of “deposit”/thing given in charge (regarding the hair of a leprous spot which remains after the inflammation has partially receded), that the bright white spot on the skin deposited the hair in the flesh of the skin and it went away, such as the case where there was in it a bright white spot and in it was white hair, and the white spot sent away and left the white hair in its place, and afterwards, the bright white spot returned. Akavyah ben Mehalalel makes it ritually impure since the hair turned white in the great white spot even though that great white spot that is there is now is not the same that turned it to white hair, it is ritually impure.", | |
"וחכמים מטהרין – as it is written (Leviticus 13:10): “[If the priest finds on the skin a white swelling] which has turned some hair white, [with a patch of un-discolored flesh in the swelling],” that it has turned it [white] but not its neighbor that turned it white.", | |
"ודם הירוק – Akavyah ben Mehalalel makes it ritually impure as he holds that it is of the color of the bright-colored crocus (see Tractate Niddah, Chapter 2, Mishnah 6), which is one of the ritually impure bloods but that it had smitten with leprosy.", | |
"היה מתיר שער בכור בעל מום שנשר – wool that had fallen out from the firstling which was blemished, he would permit it for the benefit of the Kohen (this Mishnah is from Tractate Bekhorot, Chapter 3, Mishnah 4).", | |
"וחכמים אוסרים – for if he had permitted wool that falls from a living being, they would come to be compared to a firstling in order that he could remove its wool at every hour, and regarding it, they would come to a stumbling block/snare that he would shear it and work it, and those holy things that are invalid, it is prohibited for shearing and working them, as it is written (Deuteronomy 12:15): “[But whatever you desire,] you may slaughter and eat meat [in any of your settlements, [according to the blessing that the LORD your God has granted you…],” you may slaughter but not shear. But Akavyah permits it, for since slaughtering causes the benefit of the wool that is attached to it to permit it after the slaughtering, one can benefit as well from the detached wool that is placed in the window.", | |
"אין משקין – the waters of the suspected adulterous woman.", | |
"לא את הגיורת ולא אתת המשוחררת – as it is written (Numbers 5:21): “[Here the priest shall administer the curse of adjuration to the woman, as the priest goes on to say to say to the woman – may the LORD] make you a curse and an imprecation among your people, [as the LORD causes your thigh to sag and your belly to distend],” except for those that are not among their people.", | |
"דוגמא השקוה – because they were its example, that is to say, converts like her, therefore they administered it (i.e., the bitter water) to her, and not according to the law, Another interpretation: They made her into an example, they made an example and a resemblance and showed her as if we administer the bitter waters to her, but they did [actually] do it.", | |
"ונדוהו – since he neglected the honor of Shemaiah and Avtalyon (see Tractate Avot, Chapter 1, Mishnayot 10-11 and Tractate Hagigah, Chapter 2, Mishnah 2 for the listing of the “Zugot/pairs”).", | |
"שאין עזרה ננעלת – [the courtyard was locked] on the Eve of Passover, when they came in to slaughter their Passover offerings, for we say, that the first division went in the doors of the courtyard were locked, and similarly, with the second division and also the third division. There was not found in all the courtyard someone distinguished in humility and fear of sin like Akavyah ben Mehalalel.", | |
"שפקפק – that he cast doubt/neglected", | |
"סוקלים את ארונו – no exactly stone, but they place a stone alone as recognition that his colleagues were aloof from him." | |
], | |
[ | |
"בד' דברים – hair of a leprous spot which remains after the inflammation has partly receded (see Tractate Negaim, Chapter 5, Mishnah 3), and greenish blood and the detached hair of a firstling animal, and the handing of the bitter water to the suspected converted wife and a freed slave-woman.", | |
"מוטב להניח דברי היחיד – because he also received [his tradition] from a majority, and his words are like the words of the majority, and because of this, it is stated, better to set aside, etc. and if not for this, what is “better” that is stated? Is it not from the Torah as it is written (Exodus 23:2): “you shall not give perverse testimony in a dispute so as to pervert it in favor of the mighty,” and it is obligatory to set aside the words of the individual against his will, but the reason that he (i.e., Akavyah ben Mehalalel) said “better” and he did not say, “it is better,” because that even he received [his tradition] from a majority, as has been explained, but the Halakha is not according to Akavyah ben Mehalalel in all four of these things." | |
] | |
], | |
[ | |
[ | |
"רבי יהודה בן בבא העיד. שממאנים את הקטנות – such as the case of two brothers who are married to two orphan sisters, one older and one younger. The husband of the older one died and she is now found in need of a levir, the husband of the younger, and we override her interdependence of a childless widow [the younger] and her late husband’s brother, the levirate relation, and prohibit her upon him for the marriage of the younger woman is seen as valueless. We teach the younger woman that she should refuse him for the her refusal uproots her first marriage, and then he is permitted to marry the older wife of the brother who died without issue, and similarly if there is another, in a similar manner, in Tractate Yevamot, Chapter “The House of Shammai” (Chapter 13, Mishnah 7).", | |
"ומשיאין את האשה – whose husband went to abroad and only one witnesses came and said trhat he died, we allow her to [re]marry on his word.", | |
"ושנסקל תרנגול שהרג את הנפש – that perorated the brain of a baby and even though it is written (Exodus 22:28): “When an ox gores [a man or a woman...],” both an ox and cattle, beasts and birds are included, for every place where it says, “ox,” we learn (Deuteronomy 5:14): “[but the seventh day is a sabbath of the LORD your God; you shall not do any work] – you, your son, or your daughter, your male or female slave, your ox or your ass, or any of your cattle…” from [the law of] Shabbat. Just as further on, the same law applies to all cattle, beasts and birds, even here the same law applies to all cattle, beasts and birds.", | |
"ועל יין בן ארבעים יום – but prior to this, it is invalid, for it is wine from its vat.", | |
"שקרב בארבע שעות – that one time during the days of the Grecian kingdom, they did not have lambs to sacrifice the daily whole burnt offering until the Holy One, blessed be He enlightened their eyes and they found two lambs which passed examination in the chamber of the lambs, and they offered the daily whole burnt offering of the morning at the fourth hour of the day." | |
], | |
[ | |
"על אבר מן המת (see also Tractate Ohalot, Chapter 1, Mishnah 7)- which lacks the equivalent of an olive’s bulk, for the equivalent of an olive’s bulk from the dead always defiles, according to the words of everyone, like the dead himself. And they did not dispute other than on a small limb which lacks in it the equivalent of an olive’s bulk.", | |
"לא אמרו – limbs lack a fixed measurement, other than on the limb from a living person, but a limb from a dead person – a barley’s amount is necessary to defile.", | |
"מרובה טומאת החיים – now it raises an object on a Kal V’Homer/an a fortiori inference and this is how it should be read: it is law that a limb from a living being defiles in any amount even though a limb from a dead individual does not defile in any amount, for we have found that the defilement from the living is greater than the defilement from the dead.", | |
"שהחי – that is the person with a flux who is alive (see also Tractate Zavim, Chapter 4, Mishnah 6).", | |
"עושה משכב ומושב – all utensils that are under it, and even if they are one hundred, defiles man and defiles clothing, as it is written (Leviticus 15:5): “Anyone who touches his bedding shall wash his wash his clothes,[bate in water, and remain impure until evening].”", | |
"ועל גביו מדף – all utensils that are on the person with a flux, even if they are one-hundred, this one on top of that one, are all impure through indirect contact for conferring ritual impurity, that is a a light impurity, which do not defile a person or utensils like surfaces designed for lying and sitting which are below him, but do defile food-stuffs and liquids, and the word מדף/indirect contact – is based upon the expression (Leviticus 26:36): “The sound of a driven leaf [shall put them to flight,” that is a light defilement. Another explanation: the expression its breath smells, that the breath of the defilement of an individual with a flux travels great distances to defile all the utensils upon it, even though it did not come in contact with them.", | |
"מה שאין המת מטמא – for the utensils that are under the dead person are not defiled other than first-degree and second-degree and third-degree alone. From the law of contact, for the utensils that came in contact/touched the dead is like the dead, and makes the utensil that it came in contact with a primary [level of defilement], and [something that is is] third level of defilement that came in contact with it is made into first-degree [of defilement] and further than that, does not defile utensils. For utensils do not receive defilement other than from a primary-level of defilement. And similarly, utensils that are upon the dead do not defile other than first-degree, second-degree or third degree alone, from the law of contact, and not from the law of lying and sitting." | |
], | |
[ | |
"כזית בשר הפורש מאבר מן החי – a limb that separates from a living person, it’s law is that it defiles all the while it is a complete limb while in contact and while being carried and in the tent of the dead person himself, as it is written (Numbers 19:16): “[And in the open, anyone who touches a person] who was killed, or who died naturally...,” the limb that had been severed by the sword from the living, it is like the dead. And the flesh that separates from the living does not defile until it becomes a complete limb and when an olive’s bulk of flesh separates from the limb of a living person, Rabbi Eliezer defiles as it explains the reason further on.", | |
"עצם כשעורה – from the dead defiles through contact and through carrying but it does not defile in the tent, as it is written (Numbers 19:18): ‘”or on him who touched the bones [or the person who was killed or died naturally or the grave],” and it is a traditional interpretation of a written law that it defiles with a barley seed in bulk, and when it separates from a living limb, Rabbi Nehuniah defiles it, etc.", | |
"מצינו אבר מן החי כמת עצמו – that we derive it from the Biblical verse (Numbers 19:16): “who was killed or died naturally.”", | |
"אם טמאת כזית בשר הפורש מן המת – that is to say, it is a law that an olive’s bulk of flesh that separates from the dead person will be defiled, just as it has another stringency that the bone is like a barley-seed in bulk that separates from it is also impure.", | |
"אבל נטמא כזית בשר הפורש מאבר מן החי – in astonishment, for there isn’t in this that stringency.", | |
"שכן טהרת עצם כשעורה הפורש ממנו – for it is taught in the Mishnah above that a bone which is a barley-seed in bulk that separates from a living limb, Rabbi Eliezer and RabbiYehoshua declare if pure, but from its own words, they made an objection/refutation what did we find that he brought and similarly to Rabbi Nehunia..”", | |
"שהבשר נוהג בנבילות ובשרצים וכו' – as it is written (Leviticus 11:36): “[However, a spring or cistern in which water is collected shall be pure,] but whoever touches such a carcass in it shall be impure.” Such a carcass, and not the bones, and not the horns and not the cloven hoofs. So we see that the bones do not defile because of a carrion (that dies of itself).", | |
"אבר שיש עליו בשר כראוי – a limb does not defile other than if it has flesh and sinews and bones, as it is written (Numbers 19:16)” “or human bone,” just as a person who has flesh and sinews and bones, also all that have flesh and sinews and bones, and if it is missing from the flesh that was upon it and there remains upon it flesh as appropriate that will produce new flesh on a healing wound if it is attached to a living person, it defiles because of the limb, and that is - as we have said that if is missing the flesh, it is impure, but if it is missing a little bit from the bone in the limb, it does not defile because of the limb and that is as we have said, missing the bone, it is pure. That is to say, pure because of the limb, but it is impure because of the flesh and if so, we found that the defilement of the flesh is greater than the defilement from the bone.", | |
"והוא כברייתו – flesh and sinews and bones.", | |
"כזית בשר מטמא במגע ובמשא ובאהל – they said according to the beginning of the creation of man is as an olive’s bulk. Therefore the measure of his defilement is an olive’s bulk.", | |
"ורוב עצמות – the majority of the number of the bones of a human being, since the number of the bones of a human is two-hundred and forty-eight. It is found that the majority is one-hundred and twenty-five.", | |
"חסר הבשר – from the measurement of an olive’s bulk", | |
"טהור – completely from being defiled not through contact and not through carrying nor in a tent.", | |
"חסר רוב עצמות מטמא במגע ובמשא – for a bone like a barley-seed in bulk defiles through contact and through carrying, but does not defile in the tent. So we see that the defilement of bones is greater than defilement by flesh, for if it were the bones that were missing from their measurement, still defilement would remain in them, but flesh that is missing from its measure is completely pure.", | |
"רוב בנינו – such as two lower legs and one thigh and all of the skeleton of a person are two lower legs and the thighs and the ribs and the backbone.", | |
"אע\"פ שאין בהן רובע – for one-quarter kab of ones of a dead person defile in the tent. Even though they don’t have the majority of the bones [of a human being] or the majority of the skeleton, they defile even though they lack the one-quarter [kab]. But flesh which is less than the equivalent of an olive’s bulk, you have nothing in it that will bring to him the defilement.", | |
"אם אמרתם במת שיש בו רוב ורובע ורקב – it is the law that the equivalent of an olive’s bulk of flesh and a barley-side’s bulk of a bone that separates from the dead will be impure, for there are stringencies regarding the dead of a majority and one-quarter [kab] and a mass of earth from a grave containing parts of a decayed human body.", | |
"תאמרו בחי שאין בו – these stringencies which is not the law that there would be neither the equivalent of an olive’s bulk of flesh nor a barley-seed’s equivalent of a bone that separate from the limb of a living person, they are [not] impure, but rather pure. And the Halakha is according to Rabbi Yehoshua.", | |
"ורקב – the body of a dead whose moistness had ceased, and had become like dirt, this is רקב/decay of the body that defiles a spoon-filled of dust/tarvad-full of dust [from parts of a decayed human body] and its measurement is the handful of an intermediate-size individual. But a handful of a decayed human body does not defile other than from a dead person buried naked in an alabaster coffin which is covered with a marble cover until it is definitively known that there is no mixture of a decay of clothing or of wood or other dirt. But if the dead is buried in his clothing or in a wooden coffin or in the dust, there is no decay, and similarly, a dead person that is buried missing a limb, there is no decay." | |
] | |
], | |
[ | |
[ | |
"העיד רבי יהושע. פדיון פטר חמור שמת– a lamb which was set aside/dedicated for the redemption of the first-born of an ass and it died.", | |
"כחמש סלעים – [like the five Sela’im] of the redemption of the first-born son [if lost] is liable to make it up.", | |
"כפדיון מעשר שני – for if it was lost, he is not liable to make it for that money the All-Merciful obligated to teat in Jerusalem, but surely it was lost to him, and the reason of Rabbi Eliezer for we have surely found that the Biblical verse made a comparison by juxtaposition between the first born of the ass and the first born of a human being, as it states (Exodus 34:20): “But the firstling of an ass you shall redeem with a sheep; [if you do not redeem it, you must break its neck.] And you must redeem every first-born among your sons.”", | |
"וחכמים אומרים – The Biblical verse states (Numbers 18:15): “…but you shall have the first-born of man redeemed, and you shall also have the firstling of impure animals redeemed.” To redemption the Torah made a comparison [by juxtaposition] but not to anything else." | |
], | |
[ | |
"לא פסלו את צירן – for they were lenient with the brine of unclean locusts that he doesn’t prohibit their [mixture], because they lack blood and it is only mere moistness, and this was an early version of the Mishnah. But the testimony of Rabbi Tzadok added on to the words of the early version of the Mishnah to state that it is pure, for it was needless to say that he does not forbid this mixture, but rather even this itself is pure." | |
], | |
[ | |
"על הזוחלין שרבו על הנוטפים – they are running waters like rivers that are waters in channels or stored up on the ground, based upon the language of (Deuteronomy 32:24): “with venomous creepers in dust,” and their law is like that of a spring which purifies running water and whatever is in it, and they are valid to sanctify through them the waters of purification and for the immersion of individuals with a flux.", | |
"נוטפים – [they drip] like rain water, and their law is like a Mikveh of forty Seah to purify, and in a cavity for the reception of water, and they are invalid for the waters of a sin-offering and for the immersion of those with a flux, but they purify in running waters and with anything in them.", | |
"בבירת דלפיא – the name of a place." | |
], | |
[ | |
"עלי אגוז – the outer shell of a nut, which is the green shell when it is moist. If he made it like a spout/tube so that the running water enters through it and causes gushing forth by interposing an object (i.e., dam it in and causing an overflow), it has the law of running waters for the waters that are dammed in and causing an overflow from it, and they are valid for the waters of purification and for the immersion of individuals with a flux, etc. And we don’t say that since they entered into this shell, which has a receptacle and from there, are dammed in causing an overflow from it, they would not have the law of running waters, since that shell is not considered a utensil.", | |
"לפני לשכת הגזית – the Great Sanhedrin that would sit in the Chamber of the Hewn Stones." | |
], | |
[ | |
"קלל של חטאת (this part of the Mishnah is also taught in Tractate Parah, Chapter 10, Mishnah 3) - an earthenware vessel that the ashes of the heifer are placed in it. The Aramaic translation of (Genesis 24:15): “…came out with her jar on her shoulder,” her jar on her shoulder.", | |
"שנתנו על גבי השרץ – an the utensil that the ashes of the heifer is inside is not defiled. For the earthenware vessel is not defiled from the outside, nevertheless, the ashes are impure, because it is placed in an impure place. And the Torah stated (Numbers 19:9): “[A man who is pure shall gather up the ashes of the cow] and deposit them outside the camp in a pure place, [to be kept for water of lustration for the Israelite community].”", | |
"שר' אליעזר מטהר – for he holds that since the utensil and the ashes within it are pure, it is better to call it a pure place. But the Halakha is not according to Rabbi Eliezer.", | |
"על מי שנזר שתי נזירות (this part of the Mishnah is also taught in Tractate Nazir, Chapter 3, Mishnah 2) –mere/plain [Nazirite-ship]. And all plain Nazirite vows are thirty days.", | |
"שאם גלה את הראשונה יום שלשים – for ab initio, it was not needed for him to shave other than the thirty-first [day], in order that that his Nazirite-ship would be thirty complete days. But if he shaved on the thirtieth day, his Nazirite-ship was counted for him, for we say that part of a day is like a full day.", | |
"ואם גלה יום ששים חסר אחד יצא – for the thirtieth day of the first Nazirite-ship counts both for here (i.e., the first) and for there (i.e., the second), and since the thirtieth day of the first is also counted from the second Nazirite-ship, it is found that thirty days of the second Nazirite-ship end on the sixtieth-day minus one (i.e., on the fifty-ninth day)." | |
], | |
[ | |
"ולד שלמים לא יקרב שלמים – but one puts it into the prison and it dies. It is because a decree, for if we you were to say that the offspring of a peace-offering has a remedy, one can wait for the mother until she gives birth and the flock would grow from the offspring and it would provide wool and labor.", | |
"ואכלנו ולדה שלמים בחג – on the holiday of Shavuot, for if he would wait and look forward to the holiday of Sukkot, it is found that he would violate a positive commandment, as it states (Deuteronomy 12:5,6): “There you are to go, and there you are to bring [your burnt offerings and other sacrifices, your tithes and contributions, your votive and freewill offerings, and the firstlings of your herds and flocks],” that implies on the first Festival that you would go there, bring all your vows that are upon you. However, the negative commandment of “[When you make a vow to the LORD your God] do not put off fulfilling it,” he does not transgress until three festivals have passed by." | |
], | |
[ | |
"ארוכות של נחתומים (this section of the Mishnah is also taught in Tractate Kelim, Chapter 15, Mishnah 2) – flat wooden utensils that bakers arrange there loaves of bread at the time when they make bread. Long-ranging boards like to work the dough.", | |
"שהן טמאות – According to the Rabbis, for assuming that from the Torah, flat wooden utensils do not receive defilement,, the Rabbis decreed upon them, as is brought in Tractate Kelim, Chapter 2 (Mishnah 1).", | |
"שר' אליעזר מטהר (see Tractate Kelim, Chapter 10, Mishnah 5) – that he held that they are not considered utensils at all, and even if they are not like flat wooden utensils. But the Halakha is not according to Rabbi Eliezer.", | |
"שחתכו חוליות – they cut up the burned clay of the oven by its width into tiles and placed one tile on top of another, and placed sand in-between each tile, and plastered it with plaster/mud and made of it a paste of plaster surrounding its matting to guard its heat in the manner that people do for ovens.", | |
"שרבי אליעזר מטהר – for since there is sand between the cracks, it is similar to as if it’s broken. And the Sages defile it for the plaster makes it all as one, and attaches the slits, even though there is sand between each tile. But the Halakha is not according to Rabbi Eliezer (Note: This dispute is the source text for the famous debate of the Oven of Akhnai found in Tractate Bava Metzia 59a).", | |
"שמעברין את השנה בכל אדר – until the twenty-ninth of Adar, there is time for the Jewish court to state that it is a leap year, and that the next month is the Second Adar, but on the thirtieth day of Adar, one cannot intercalate the year, since it is appropriate to establish [the month of] Nisan, in the chapter of Tractate Pesahim 56a – “In the place where the practice existed” (chapter 4).", | |
"על תנאי – if the President [of the Sanhedrin} wishes that it would be intercalated and if not, it would not be intercalated." | |
], | |
[ | |
"מוסף היורה של שולקי זיתים – it is the manner of those who seethe olives and dyers who have large boilers and make for them additional plaster on their rims so that they will bring forth water at the time of their boiling. That of those who seethe olives is ritually impure, because that supplement is necessary for the utensil and it is used, and the Torah stated concerning the oven and portable stoves on feet (Leviticus 11:35): “an oven or stove shall be smashed. They are unclean and unclean they shall remain for you.” And they (i.e., the Rabbis) expound upon the word לכם/”for you,” everything that they need, that is a substance from the utensil that one you need it for and use it – that it receives defilement.", | |
"ושל צבעים טהור – for dyers do not use the same supplement since they are fearful lest they lose their color." | |
], | |
[ | |
"על החרשת שהשיאה אבות (this section of the Mishnah is also taught in Tractate Gittin, Chapter 4, Mishnah 5; this part of the Mishnah is also taught in Tractate Yevamot, Chapter 14, Mishnah 2) – even though she is a completely married woman, for her father received her betrothal when she was a small girl/minor, even so, she is divorced with a Jewish bill of divorce, and she receives her Jewish bill of divorce when she is a deaf-mute, and even though she lacks knowledge, because a woman can be divorced against her will. Therefore, we do not require her knowledge.", | |
"ועל קטנה בת ישראל שנשאת לכהן – and she is an orphan and her marriage was not other than from the Rabbis, and she eats priest’s due from the Rabbis and we don’t make the decree regarding priest’s due of the Rabbis because of the priest’s due of the Torah.", | |
"מריש – beam", | |
"בירה – large house", | |
"מפני תקנת השבים – for if we would require him to take down the entire group of buildings and to return the beam itself, he might be prevented from repenting.", | |
"שלא נודעה לרבים – which is stolen", | |
"שהיא מכפרת – and there is no need to bring another.", | |
"מפני תיקון מזבח – the there would not be sad Kohanim when they ate non-sacred food that was slaughtered in the Temple courtyard. And it is found that the altar is void for they are prevented from performing the Divine Worship." | |
] | |
], | |
[ | |
[ | |
"העיד רבי יהושע על דם נבילות שהוא טהור – from being made impure like a carrion in an olive’s bulk, and it defiles with a quarter [of a log]. For you do not have anything whose blood will become defiled like its skin other than for a reptile alone. And above [at the beginning of Chapter 5 of Tractate Eduyot] where it is taught in the Mishnah: that the blood of carrion – the School of Shammai declares clean and the School of Hillel declares unclean, but not like the carrion which defiles through an olive’s bulk, but through a quarter [of a log].", | |
"שנגע טמא במקצתו שטימא את כולו – they made a preference with Holy things and with the ashes of the sin-offering, for even thouh they themselves are divided if we place them within one utensil and comes in contact with something that defiles holy things in part, all were defiled, for the utensil combines them to be considered as if they are one body, and support is brought for it from the Biblical verse, as it is written (Numbers 7:14,20,26,32,38,44,50,56,62,68,74,80): “One gold ladle of 10 shekels, filled with incense,” as the Biblical verse made all of what is in one ladle.", | |
"הוסיף ר' עקיבא – for whereas from the testimony of Rabbi Shimon ben Beterah, we did not hear other than on that which is impure, and Rabbi Akiva came and added that even one who immersed himself on that day – but is not completely pure until sunset which does not defile but is invalid alone, if it came comes in contact with part of it, it invalidates all of it. And Maimonides explained, that from the testimony of Rabbi Shimon, we did not hear that it combines other than a utensil that has an inside [receptacle] but a vessel that does not have an inside [receptacle], we did not hear that it combines, but Rabbi Akiva came and added that even sifted fine flour and incense and frankincense and coals that are not within the utensil, but are collected and placed on a board or plank which has no inside [receptacle], they are considered as if placed within the utensil, and are made as if they are one substance.", | |
"והגחלים – those that the High Priest on Yom Kippur takes out in a pan, if a person who immersed himself on that day – but is not completely pure until sunset touched part of them, all of them are made in valid, and a preference was made with them, for the coals are not receptacles for defilement." | |
], | |
[ | |
"קטנה בת ישראל – and she is an orphan a has been explained at the end of the chapter above (i.e., Eduyot, Chapter 7, Mishnah 9), and he adds here that when she came to get married even though she had not yet engaged in sexual relations, because from the testimony of above (i.e., Eduyot, chapter 7, Mishnah 9), we did not hear/learn that she eats Terumah/priest’s due [if she married a Kohen] other than after she had engaged in sexual relations.", | |
"שהורהנה – that she had been deposited as a pledge with idolaters.", | |
"ועדיה – those who testified that she had been deposited as a pledge.", | |
"האמינו שלא נסתרה ושלא נטמאה – and specifically to this one that her witnesses testify about her that she had been defiled, It is this that the Rabbis said that they believed her, for not according to the law did the members of her family distance her from them. But if she doesn’t have witnesses, any woman detained through money at the time when the idolaters are in power, she is prohibited for a Kohen to engage in sexual relations with her. There is no difference whether she was deposited as a pledge or whether she had been detained/imprisoned." | |
], | |
[ | |
"אלמנת עיסה – one family that was mixed up with someone who was doubtful for the priesthood on account of his father’s illegitimate connection. All the children of that family are doubtful if he was that doubtfulness that was mixed up with them or not. And a woman who married one of the children of that family, and her husband died, is called the widow of one belonging to a family suspected of containing an alien admixture, that is like the examined and mixed family [suspected of containing an alien admixture], so too this particular woman is mixed from doubts – doubt if her husband was that doubtful one for the priesthood on account of his father’s illegitimate connection, according to the truth. Rabbi Yehoshua validates her for the priesthood, because there is here a compound uncertainty and is judged leniently. But Rabban Gamaliel holds that even though generally, a compound uncertainly which is judged leniently, here is different, for they made a preference for pedigrees.", | |
"העיסה כשרה לטמא ולטהר – that is to say, that a family that became mixed through someone doubtful for the priesthood on account of his father’s illegitimate connection, behold, she is presumption of being fit like the rest of the families of legitimate descent, and like that the rest of the families say: “this one is ritually impure” and distance themselves from her, and “this one is pure” and they draw her close, so is this family that had become mixed up beyond recognition as a result of someone doubtful for the priesthood on account of his father’s illegitimate connection, and we cannot say for since that it become so mixed up beyond recognition, we don’t any longer to check when women marry -which one was defiled and which one is pure, in order to distance the impure one and to draw close the pure one.", | |
"קבלנו עדותכם – you are believed in our eyes and we believe that such is what you heard.", | |
"שלא להושיב ב\"ד על כך – to permit the widow of one belonging to a family suspected of containing an alien admixture ab initio.", | |
"הכהנים שומעים לכם לרחק – if you would say that she is forbidden.", | |
"אבל לא לקרב – if you would say that she is permitted. And the Legal decision is that a woman who married one of that family, and her husband died, is called the widow of one belong to a family suspected of containing an alien mixture, and she is forbidden to marry into the priesthood ab initio, and if she married, she cannot be divorced." | |
], | |
[ | |
"איל קמצא – a form of locust. The Aramaic translation of “like locusts” is “like a species of locusts.”", | |
"דכן – it is clean and permitted to eat.", | |
"ועל משקה בית מטבחייא – the blood in the slaughterhouse of the Temple courtyard.", | |
"דאינון דכיין – there is one who says that they are completely pure, for the defilement of liquids is not from the Torah but rather the Rabbis are those who decreed upon them defilement, and on these they did not decree. And there is another opinion that these are pure from making others impure, but they are impure of themselves and there is, from the Torah, defilement for liquids, to become defiled and the Rabbis were not able to make pure what the Torah had defiled.", | |
"ועל דיקרב למיתא מסאב – this is how it should be understood (Talmud Avodah Zarah 37b), that whomever definitely touches a corpse is unclean. But there is a doubt, even a grave defilement of the dead is pure, and all the more so, defilement [via a contact with] a reptile is light. And a doubtful impurity in the public domain comes to permit. And even though a doubtful impurity in the public domain is pure according to the Torah, for prohibition of doubtful defilement we derive from the Sotah/suspected adulterous woman, for the Bible derives it with the language of defilement (Numbers 5:13): “and she keeps secret the fact that she has defiled herself, the Biblical verse informs us that on that which is doubtful, she is prohibited, and just as the case of the Sotah/suspected adulterous woman is in the private domain, and there is no hiding in the public domain, so doubtful defilement is not other than in the private domain, nevertheless before Yosi ben Yoezer came, they would say, it is the Halakha but we don’t teach thus. And he came and testified that we do teach as such ab initio, to make pure all doubtful defilement in the public domain.", | |
"וקרי ליה יוסי שריא – because he permitted three things that they (i.e., the Rabbis) would practice a prohibition on them. For any Jewish court that permits three things where their permit is not simple, they would call it, a permitting/absolving Jewish court." | |
], | |
[ | |
"שמשיאין האשה ע\"פ עד אחד (this section of the Mishnah is also taught at the conclusion of Tractate Yevamot, Chapter 16, Mishnah 7) – a woman whose husband went abrought and one witness came and said that he died. We marry off his wife through his word.", | |
"כדיר העצים – a chamber where they gather all the wood of the altar of the Temple. And it was in the north-east corner of the Women’s compartment [of the Temple court] and they found there the bones of the dead. But the Sages said that they should collect bone by bone and everything is ritually pure. And we should not suspect lest they humans and utensils were defiled by them because in the Women’s compartment has the law of the public domain, and this is doubtful defilement in the public domain, for its doubtfulness makes is pure. And in the Tractate Zevahim in the last chapter (chapter 14) [ page 113a], the Gemara brings that they (i.e., the Sages) wanted to decree defilement on all of Jerusalem because of those bones that were found in the shed for the wood, but that Rabbi Yehoshua said to them: No: It is a shame and disgrace for us that we should decree defilement on the city of our forefathers." | |
], | |
[ | |
"שמעתי שמקריבים אף על פי שאין בית – [since] the holiness that Solomon sanctified the Temple, he sanctified for its time and he sanctified it for the future. And similarly, the holiness of Jerusalem was sanctified forever. But the sanctification of the rest of the Land of Israel, he did not sanctify during the first conquest other than for its time [alone] until those who came up from Babylonia returned and they sanctified it a second time, and that sanctification was sanctified for the future." | |
], | |
[ | |
"הלכה למשה מסיני – For the Holy One, blessed be He showed Moses at Sinai, each generation and its expounders, and showed him that Elijah does not come to make impure or to make pure, to distance or to bring close, to verify [doubtful] families mixed up (i.e., lost to the priesthood as they had been mixed with Israelites beyond traces of genealogical disabilities) beyond recognition; who had been mixed up beyond recognition and who had not been mixed up beyond recognition, but he should leave them and they will be valid in the future to come, for the Halakha is that a family that had mixed up beyond recognition remains mixed up beyond recognition.", | |
"אלא לרחק המקורבים בזרוע – for everyone presumes them as invalid, but that they were brought close by force, but a family which had been mixed up beyond recognition on account that it was not known that its defilement was unknown, should be left in its fitness.", | |
"בית הצרפה – such is the name of the family.", | |
"ורחקה – he announced concerning them that they are invalid.", | |
"בן ציון – he was a strong man and a violent person.", | |
"ועוד משפחה אחרת היתה שם – that was invalid.", | |
"וקרבה בן ציון בזרוע – and he announced concerning them that they are valid to marry with them, and the Tanna/teach of the Mishnah had consideration on the honor of human creations and did not mention the name of the invalid family that Ben Zion drew close forcefully, like he had mentioned the name of the fit/valid family, to teach you how much a person has to be careful not to recount of the denigration of his fellow and to be able to hide degradation. If such is the case with those who are invalid, all the more so regarding those who are valid.", | |
"כגון אלו – who validity and invalidity were known but that they were distanced by force and brought closer by force.", | |
"לקרב אבל לא לרחק – the valid family that had been distanced by force, he brings close but he does not distance that which had been brought close by force.", | |
"שנאמר והשיב לב אבות על בנים – that will be said in the future with the Holy Spirit that this because of the children’s children of this one. And according to the words of Rabbi Shimon, the fathers are the Sages and the children are the students, so that the heart of all of them will be equivalent and dispute will not fall between them." | |
] | |
] | |
], | |
"sectionNames": [ | |
"Chapter", | |
"Mishnah", | |
"Comment" | |
] | |
} |