1. Hebrew Bible, Isaiah, 58.7 (8th cent. BCE - 5th cent. BCE)
| 58.7. הֲלוֹא פָרֹס לָרָעֵב לַחְמֶךָ וַעֲנִיִּים מְרוּדִים תָּבִיא בָיִת כִּי־תִרְאֶה עָרֹם וְכִסִּיתוֹ וּמִבְּשָׂרְךָ לֹא תִתְעַלָּם׃ | 58.7. Is it not to deal thy bread to the hungry, And that thou bring the poor that are cast out to thy house? When thou seest the naked, that thou cover him, And that thou hide not thyself from thine own flesh?" |
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2. Mishnah, Avot, 1.8 (1st cent. CE - 3rd cent. CE)
| 1.8. Judah ben Tabbai and Shimon ben Shetach received [the oral tradition] from them. Judah ben Tabbai said: do not [as a judge] play the part of an advocate; and when the litigants are standing before you, look upon them as if they were [both] guilty; and when they leave your presence, look upon them as if they were [both] innocent, when they have accepted the judgement." |
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3. Mishnah, Bekhorot, 9.7 (1st cent. CE - 3rd cent. CE)
| 9.7. How does one tithe animals? He brings them to a shed and makes for them a small opening so that two cannot go out at the same time. And he counts them with a rod: one, two, three, four, five, six, seven, eight, nine. And the one that comes out tenth he marks with red chalk and he says: “Behold, this is [the tithe].” If he did not mark it, or if he did not count them with a rod, or if he counted them while they were crouching or standing, they are still considered tithed. If he had one hundred [lambs] and he took ten or if he had ten and he took one [without counting], this is not [a valid] tithe. Rabbi Yose bar Judah says: this is a [valid] tithe. If one [of the lambs] already counted jumped back into the flock [in the shed] they are all exempt. If one of the lambs that was a tithe jumped back into the flock [in the shed], they all go to pasture until they become unfit for sacrifice, and the owners may eat them in their unfit state." |
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4. Mishnah, Bikkurim, 3.3-3.4, 3.6 (1st cent. CE - 3rd cent. CE)
| 3.3. Those who lived near [Jerusalem] would bring fresh figs and grapes, while those who lived far away would bring dried figs and raisins. An ox would go in front of them, his horns bedecked with gold and with an olive-crown on its head. The flute would play before them until they would draw close to Jerusalem. When they drew close to Jerusalem they would send messengers in advance, and they would adorn their bikkurim. The governors and chiefs and treasurers [of the Temple] would go out to greet them, and according to the rank of the entrants they would go forth. All the skilled artisans of Jerusalem would stand up before them and greet them saying, “Our brothers, men of such and such a place, we welcome you in peace.”" 3.4. The flute would play before them, until they reached the Temple Mount. When they reached the Temple Mount even King Agrippas would take the basket and place it on his shoulder and walk as far as the Temple Court. When he got to the Temple Court, the Levites would sing the song: “I will extol You, O Lord, for You have raised me up, and You have not let my enemies rejoice over me” (Psalms 30:2)." 3.6. While the basket was still on his shoulder he recites from: \"I acknowledge this day before the LORD your God that I have entered the land that the LORD swore to our fathers to assign us” (Deuteronomy 26:3) until he completes the passage. Rabbi Judah said: until [he reaches] “My father was a fugitive Aramean” (v.. When he reaches, “My father was a fugitive Aramean”, he takes the basket off his shoulder and holds it by its edges, and the priest places his hand beneath it and waves it. He then recites from “My father was a fugitive Aramean” until he completes the entire passage. He then deposits the basket by the side of the altar, bow and depart." |
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5. Mishnah, Berachot, 9.4 (1st cent. CE - 3rd cent. CE)
| 9.4. One who enters into a large city should say two prayers, one on entering and one on leaving. Ben Azzai says: four two on entering and two on leaving, he gives thanks for the past and cries out for the future." |
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6. Mishnah, Makkot, 3.12 (1st cent. CE - 3rd cent. CE)
| 3.12. How do they lash him? His two hands are tied to a pillar on either side of it and the minister of the synagogue grabs his clothing, if they are torn, they are torn; if they are ripped open, they are ripped open, until he exposes the offender’s chest. And a stone is placed behind the offender, the minister of the synagogue stands on it, a strap of cowhide in his hands, doubled over into two, and redoubled, and two straps that rise and fall attached to it." |
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7. Mishnah, Middot, 4.2, 5.4 (1st cent. CE - 3rd cent. CE)
| 4.2. The great gate had two small doors, one to the north and one to the south. By the one to the south no one ever went in, and concerning it was stated explicitly be Ezekiel, as it says, “And the Lord said to me: this gate shall be shut, it shall not be opened, neither shall any man enter in by it, for the Lord God of Israel has entered in by it; therefore it shall be shut” (Ezekiel 44:2). He [the priest] took the key and opened the [northern] door and went in to the cell, and from the cell he went into the Hekhal. Rabbi Judah says: he used to walk along in the thickness of the wall until he came to the space between the two gates. He would open the outer doors from within and the inner doors from without." 5.4. On the south were the wood chamber, the chamber of the exile and the chamber of hewn stones. The wood chamber: Rabbi Eliezer ben Jacob says: I forget what it was used for. Abba Shaul says: It was the chamber of the high priest, and it was behind the two of them, and one roof covered all three. In the chamber of the exile there was a fixed cistern, with a wheel over it, and from there water was provided for all of the courtyard. In the chamber of hewn stone the great Sanhedrin of Israel used to sit and judge the priesthood. A priest in whom was found a disqualification used to put on black garments and wrap himself in black and go away. One in whom no disqualification was found used to put on white garments and wrap himself in white and go in and serve along with his brother priests. They used to make a feast because no blemish had been found in the seed of Aaron the priest, and they used to say: Blessed is the Omnipresent, blessed is He, for no blemish has been found in the seed of Aaron. Blessed is He who chose Aaron and his sons to stand to minister before the Lord in the Holy of Holies." |
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8. Mishnah, Negaim, 14.2, 14.8, 14.10 (1st cent. CE - 3rd cent. CE)
| 14.2. He now comes to set free the living bird. He does not turn his face towards the sea or towards the city or towards the wilderness, for it is said, \"But he shall let the living bird go out of the city into the open field\" (Leviticus 14:53). He now comes to shave off the hair of the metzora. He passes a razor over the whole of his skin, and he [the metzora] washes his clothes and immerses himself. He is then clean so far as to not convey uncleanness by entrance, but he still conveys uncleanness as does a sheretz. He may enter within the walls [of Jerusalem], but must keep away from his house for seven days, and he is forbidden to have intercourse." 14.8. He comes to the guilt-offering and he puts his two hands on it. He then slaughters it. Two priests receive its blood, one in a vessel and the other in his hand. He who received it in the vessel proceeded to sprinkle it on the wall of the altar. The one who received it in his hand would approach the metzora. The metzora had in the meantime immersed himself in the chamber of the metzoraim. He would come and stand at the Nikanor gate. Rabbi Judah says: he did not require immersion." 14.10. [The priest] then took some [of the contents] of the log of oil and poured it into his colleague's hand; And if he poured it into his own hand, the obligation is fulfilled. He then dipped [his right forefinger] in the oil and sprinkled it seven times towards the Holy of Holies, dipping it for every sprinkling. He then approached the metzora, to the same places that he applied the blood he now applied the oil, as it is said, \"Over the same places as the blood of the guilt offering; 29 and what is left of the oil in his palm the priest shall put on the head of the one being cleansed, to make expiation for him before the Lord.\" (Leviticus 14:28-29). If he \"put upon,\" he has made atonement, but if he did not \"put upon,\" he did not make atonement, the words of Rabbi Akiba. Rabbi Yoha ben Nuri says: these are but the remainders of the mitzvah. Whether he \"put upon\" or did not \"put upon,\" atonement is made, only it is accounted to him as if he did not make atonement. If any oil was missing from the log before it was poured out it may be filled up again; if after it was poured out, other oil must be brought anew, the words of Rabbi Akiva. Rabbi Shimon says: if any oil was missing from the log before it was applied, it may be filled up; but if after it had been applied, other oil must be brought anew." |
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9. Mishnah, Parah, 3.3 (1st cent. CE - 3rd cent. CE)
| 3.3. They arrived at the Temple Mount and got down. Beneath the Temple Mount and the courts was a hollow which served as a protection against a grave in the depths. And at the entrance of the courtyard there was the jar of the ashes of the sin-offerings. They would bring a male from among the sheep and tie a rope between its horns, and a stick or a bushy twig was tied at the other end of the rope, and this was thrown into the jar. They then struck the male [sheep] was so that it started backwards. And [a child] took the ashes and put it [enough] so that it could be seen upon the water. Rabbi Yose said: do not give the Sadducees an opportunity to rule! Rather, [a child] himself took it and mixed it." |
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10. Mishnah, Pesahim, 5.5-5.10 (1st cent. CE - 3rd cent. CE)
| 5.5. The pesah is slaughtered in three divisions, as it is said, “And the whole assembly of the congregation of Israel shall slaughter it” (Exodus 12:6): “assembly,” “congregation,” and “Israel.” The first division entered, the Temple court was filled, and they closed the doors of the Temple court. They sounded a teki'ah, a teru'ah, and a teki'ah. The priests stood in rows, and in their hands were basins of silver and basins of gold, a row which was entirely of silver was of silver, and a row which was entirely of gold was of gold, they were not mixed. And the basins did not have flat bottoms, lest they put them down and the blood becomes congealed." 5.6. The Israelite killed [the lamb]; And the priest caught [the blood]. He would hand it to his colleague and his colleague [would hand it] to his colleague. And he would receive the full [basin] and give back the empty one. The priest nearest the altar would sprinkle it once over against the base [or the altar]." 5.7. The first division [then] went out and the second entered; the second went out and the third entered. As did the first, so did the second and the third. They recited the Hallel. If they finished it, they repeated, and if they repeated [and were not finished yet], they recited it a third time, though they never did recite it a third time. Rabbi Judah says: the third division never reached, “I love Lord for he hears” (Psalms, because the people for it were few." 5.8. As it was done on weekdays so it was done on Shabbat, except that the priests would mop up the Temple court, against the will of the sages. Rabbi Judah says: he [a priest] would fill a goblet with the mixed blood [and] he sprinkled it once on the altar, but the sages did not agree with him." 5.9. How did they hang up [the sacrifices] and flay [them]?There were iron hooks fixed in the walls and in the pillars, on which they hung up [the sacrifices] and flayed [them]. If any one had no place to suspend and flay [their sacrifice], there were there thin smooth staves which he placed on his shoulder and on his fellow’s shoulder, and so hung up [the animal] and flayed [it]. Rabbi Eliezer says: when the fourteenth fell on Shabbat, he placed his hand on his fellow’s shoulder and his fellow’s hand on his shoulder, and he hung up [the sacrifice] and flayed [it]." 5.10. Then he tore it and took out its inner fats, placed them in a tray and burnt them on the altar. The first division went out and sat down on the Temple mount, the second [sat] in the hel, while the third remained in its place. When it grew dark they went out and roasted their pesah lambs." |
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11. Mishnah, Sanhedrin, 3.7, 4.5, 7.5, 11.2 (1st cent. CE - 3rd cent. CE)
| 3.7. When the judges reached their decision they would bring in the litigants. The chief among the judges says: “You, so-and-so are not obligated”, or “You, so-and-so are obligated”. And from where do we know that after one of the judges has gone out that he may not say, “I declared him not obligated and my colleagues declared him obligated, so what can I do since they outvoted me?” of such a one it says, “Do not go about as a talebearer amongst your people” (Lev. 19:16) and it also says, “He that goes about as a talebearer reveals secrets” (Proverbs 11:13)." 4.5. How did they admonish witnesses in capital cases? They brought them in and admonished them, [saying], “Perhaps you will say something that is only a supposition or hearsay or secondhand, or even from a trustworthy man. Or perhaps you do not know that we shall check you with examination and inquiry? Know, moreover, that capital cases are not like non-capital cases: in non-capital cases a man may pay money and so make atonement, but in capital cases the witness is answerable for the blood of him [that is wrongfully condemned] and the blood of his descendants [that should have been born to him] to the end of the world.” For so have we found it with Cain that murdered his brother, for it says, “The bloods of your brother cry out” (Gen. 4:10). It doesn’t say, “The blood of your brother”, but rather “The bloods of your brother” meaning his blood and the blood of his descendants. Another saying is, “The bloods of your brother” that his blood was cast over trees and stones. Therefore but a single person was created in the world, to teach that if any man has caused a single life to perish from Israel, he is deemed by Scripture as if he had caused a whole world to perish; and anyone who saves a single soul from Israel, he is deemed by Scripture as if he had saved a whole world. Again [but a single person was created] for the sake of peace among humankind, that one should not say to another, “My father was greater than your father”. Again, [but a single person was created] against the heretics so they should not say, “There are many ruling powers in heaven”. Again [but a single person was created] to proclaim the greatness of the Holy Blessed One; for humans stamp many coins with one seal and they are all like one another; but the King of kings, the Holy Blessed One, has stamped every human with the seal of the first man, yet not one of them are like another. Therefore everyone must say, “For my sake was the world created.” And if perhaps you [witnesses] would say, “Why should we be involved with this trouble”, was it not said, “He, being a witness, whether he has seen or known, [if he does not speak it, then he shall bear his iniquity] (Lev. 5:1). And if perhaps you [witnesses] would say, “Why should we be guilty of the blood of this man?, was it not said, “When the wicked perish there is rejoicing” (Proverbs 11:10).]" 7.5. The blasphemer is punished only if he utters [the divine] name. Rabbi Joshua b. Korcha said: “The whole day [of the trial] the witnesses are examined by means of a substitute for the divine name:, ‘may Yose smite Yose.” When the trial was finished, the accused was not executed on this evidence, but all persons were removed [from court], and the chief witness was told, ‘State literally what you heard.’ Thereupon he did so, [using the divine name]. The judges then arose and tore their garments, which were not to be resewn. The second witness stated: “I too have heard thus” [but not uttering the divine name], and the third says: “I too heard thus.”" 11.2. An elder rebelling against the ruling of the court [is strangled], for it says, “If there arise a matter too hard for you for judgement […you shall promptly repair to the place that the Lord your God will have chosen, and appear before the levitical priests, or the magistrate in charge at the time, and present your problem. When they have announced to you the verdict in the case, you shall carry out the verdict that is announced to you from that place that the Lord chose, observing scrupulously all their instructions to you. You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left. Should a man act presumptuously and disregard the priest charged with serving there the Lord your God, or the magistrate, that man shall die” (Deut. 17:8-13, JPS translation). Three courts of law were there, one situated at the entrance to the Temple mount, another at the door of the [Temple] court, and the third in the Chamber of Hewn Stone. They [first] went to the court which is at the entrance to the Temple mount, and he [the rebellious elder] stated, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this first court] had heard [a ruling on the matter], they state it. If not, they go to the [second court] which is at the entrance of the Temple court, and he declares, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this second court] had heard [a ruling on the matter] they state it; if not, they all proceed to the great court of the Chamber of Hewn Stone from whence instruction issued to all Israel, for it says, [you shall carry out the verdict that is announced to you] from that place that the Lord chose (Deut. 17:10). If he returned to his town and taught again as he did before, he is not liable. But if he gave a practical decision, he is guilty, for it says, “Should a man act presumptuously” (Deut. 17:12) he is liable only for a practical ruling. But if a disciple gave a practical decision [opposed to the court], he is exempt: thus his stringency is his leniency." |
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12. Mishnah, Sotah, 2.2, 3.4 (1st cent. CE - 3rd cent. CE)
| 2.2. [The priest] takes an earthenware bowl and pours half a log of water into it from the laver. Rabbi Judah says: a quarter [of a log]. Just as [Rabbi Judah] reduces the amount of writing, so he reduces the quantity of water. [Then the priest] enters the temple and turns to his right and there was a place there [on the floor] that was a cubit by a cubit, and a marble tablet, to which a ring was attached. When he would lift this up, he would take some dust from beneath it which he puts [into the bowl] so that it would be seen on top of the water; as it is said, “And of the dust that is on the floor of the Tabernacle the priest shall take, and put it into the water” (Numbers 5:17)." 3.4. She had barely finished drinking when her face turns yellow, her eyes protrude and her veins swell. And [those who see her] exclaim, “Remove her! Remove her, so that the temple-court should not be defiled”. If she had merit, it [causes the water] to suspend its effect upon her. Some merit suspends the effect for one year, some merit suspends the effects for two years, and some merit suspends the effect for three years. Hence Ben Azzai said: a person must teach his daughter Torah, so that if she has to drink [the water of bitterness], she should know that the merit suspends its effect. Rabbi Eliezer says: whoever teaches his daughter Torah teaches her lasciviousness. Rabbi Joshua says: a woman prefers one kav (of food) and sexual indulgence to nine kav and sexual separation. He used to say, a foolish pietist, a cunning wicked person, a female separatist, and the blows of separatists bring destruction upon the world." |
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13. Mishnah, Sukkah, 4.4, 4.9, 5.4 (1st cent. CE - 3rd cent. CE)
| 4.4. The mitzvah of the lulav how was it carried out? If the first day of the festival fell on Shabbat, they brought their lulavim to the Temple Mount, and the attendants would receive them and arrange them on top of the portico, and the elders laid theirs in the chamber. And they would teach the people to say, “Whoever gets my lulav in his hand, let it be his as a gift.” The next day they got up early, and came [to the Temple Mount] and the attendants threw down [their lulavim] before them, and they snatched at them, and so they used to come to blows with one another. When the court saw that they reached a state of danger, they instituted that each man should take [his lulav] in his own home." 4.9. How was the water libation [performed]? A golden flask holding three logs was filled from the Shiloah. When they arrived at the water gate, they sounded a teki'ah [long blast], a teru'ah [a staccato note] and again a teki'ah. [The priest then] went up the ascent [of the altar] and turned to his left where there were two silver bowls. Rabbi Judah says: they were of plaster [but they looked silver] because their surfaces were darkened from the wine. They had each a hole like a slender snout, one being wide and the other narrow so that both emptied at the same time. The one on the west was for water and the one on the east for wine. If he poured the flask of water into the bowl for wine, or that of wine into that for water, he has fulfilled his obligation. Rabbi Judah says: with one log he performed the ceremony of the water-libation all eight days. To [the priest] who performed the libation they used to say, “Raise your hand”, for one time, a certain man poured out the water over his feet, and all the people pelted him with their etrogs." 5.4. Men of piety and good deeds used to dance before them with lighted torches in their hands, and they would sing songs and praises. And Levites with innumerable harps, lyres, cymbals and trumpets and other musical instruments stood upon the fifteen steps leading down from the Court of the Israelites to the Court of the Women, corresponding to the fifteen songs of ascents in the Psalms, and it was on these [steps] that the Levites stood with their musical instruments and sang their songs. Two priests stood by the upper gate which leads down from the Court of the Israelites to the Court of the Women, with two trumpets in their hands. When the cock crowed they sounded a teki'ah [drawn-out blast], a teru'ah [staccato note] and again a teki'ah. When they reached the tenth step they sounded a teki'ah, a teru'ah and again a teki'ah. When they reached the Court [of the Women] they sounded a teki'ah, a teru'ah and again a teki'ah. They would sound their trumpets and proceed until they reached the gate which leads out to the east. When they reached the gate which leads out to the east, they turned their faces from east to west and said, “Our fathers who were in this place ‘their backs were toward the Temple of the Lord, and their faces toward the east, and they worshipped the sun toward the east’, but as for us, our eyes are turned to the Lord.” Rabbi Judah said: they used to repeat [the last words] and say “We are the Lord’s and our eyes are turned to the Lord.”" |
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14. Mishnah, Taanit, 2.1, 4.3 (1st cent. CE - 3rd cent. CE)
| 2.1. What is the order [of service] for fast days?They take the ark out to the open space of the city. And they put ashes on the ark and on the head of the Nasi and on the head of the head of the court (av bet. And everyone [else] puts ashes on his own head. The elder among them says in front of them words of admonition, “Brothers, it does not say of the people of Nineveh, ‘And God saw their sackcloth and their fasting,’ but, ‘And God saw their deeds, for they turned from their evil way. (Jonah 3:10)’ And in the prophets it says, ‘And rend your heart and not your garments” (Joel 2:13)." 4.3. The men of the maamad fasted on four days of that week, from Monday to Thursday; they did not fast on Friday out of respect for Shabbat or on Sunday in order not to switch from the rest and delight [of Shabbat] to weariness and fasting and [thereby] die. On Sunday [they read], “In the beginning,” and, “Let there be a firmament;” On Monday, “Let there be a firmament,” and, “Let the waters be gathered together;” On Tuesday, “Let the waters be gathered together,” and, “Let there be lights;” On Wednesday, “Let there be lights,” and, “Let the waters swarm;” On Thursday, “Let the waters swarm,” and, “Let the earth bring forth;” On Friday, “Let the earth bring forth,” and, “And the heavens [and the earth] were completed.” For a long section two people read and for a short section one person. [This is how they would read] at Shacharit and Mussaf. And at minhah they assemble and read the section by heart, as they recite the Shema. On Friday at minhah they did not assemble out of respect for Shabbat." |
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15. Mishnah, Tamid, 1.2-1.4, 2.2, 2.5, 3.4, 3.7, 3.9, 4.3, 5.6, 6.1, 7.1-7.3 (1st cent. CE - 3rd cent. CE)
| 1.2. Anyone who desired to remove the ashes from the altar used to rise early and bathe before the superintendent came. At what time did the superintendent come? He did not always come at the same time; sometimes he came just at cock-crow, sometimes a little before or a little after. The superintendent would come and knock and they would open for him, and he would say to them, let all who have bathed come and draw lots. So they drew lots, and whoever was successful." 1.3. He took the key and opened the small door, and went from the fire chamber into the Temple courtyard, and the priests went in after him carrying two lighted torches. They divided into two groups, one of which went along the portico to the east, while the other went along it to the west. They went along inspecting until they came to the place where the griddle-cakes were made. There the two groups met and said, Is all well (shalom)? All is well (shalom)! They then appointed they that made the griddle-cakes to make griddle-cakes." 1.4. The one who had merited to clear the ashes, would get ready to clear the ashes. They said to him: “Be careful not to touch any vessel until you have washed your hands and feet from the laver. See, the fire-pan is in the corner between the ascent and the altar on the west of the ascent.” No one entered with him, nor did he carry any light. Rather, he walked by the light of the altar fire. No-one saw him or heard a sound from him until they heard the noise of the wooden wheel which Ben Katin made for hauling up the laver, when they said, “The time has come.” He washed his hands and feet from the laver, then took the silver fire-pan and went up to the top of the altar and cleared away the cinders on either side and scooped up the ashes in the centre. He then descended and when he reached the floor he turned his face to the north and went along the east side of the ascent for about ten cubits, and he then made a heap of the cinders on the pavement three handbreadths away from the ascent, in the place where they used to put the crop of the birds and the ashes from the inner altar and the ash from the menorah." 2.2. They then began to throw the ashes on to the heap (tapuah). This heap was in the middle of the altar, and sometimes there was as much as three hundred kor on it. On festivals they did not use to clear away the ash because it was reckoned an ornament to the altar. It never happened that the priest was neglectful in taking out the ashes." 2.5. They picked out from there some good fig-tree branches to make a second fire for the incense near the south-western corner some four cubits to the north of it, using as much wood as he judged sufficient to form five seahs of coals, and on the Shabbat as much as he thought would make eight seahs of coals, because from there they used to take fire for the two dishes of frankincense for the showbread. The limbs and the pieces of fat which had not been consumed over night were put back on the wood. They then kindled the two fires and descended and went to the chamber of hewn stone." 3.4. They went into the chamber of the vessels and they took out ninety-three vessels of silver and gold. They gave the animal for the daily sacrifice a drink from a cup of gold. Although it had been examined on the previous evening it was now examined again by torchlight." 3.7. He then came to the small opening on the north. The great gate had two small openings, one on the north and one on the south. No one ever went in by the openings on the south, about which it is stated explicitly in Ezekiel, “And the Lord said to me, ‘This gate shall be closed, it shall not be opened, and no man shall enter by it, for the Lord God of Israel has entered by it” (Ezekiel 44:2). He took the key and opened the small opening and went in to the cell and from the cell to the Sanctuary, until he reached the great gate. When he reached the great gate he drew back the bolt and the latches and opened it. The slaughterer did not slaughter till he heard the sound of the great gate being opened." 3.9. The one who had been chosen for clearing the ashes from the inner altar went in carrying the teni which he set down in front of it, and he scooped up the ash in his fists and put it into it, and in the end he swept up what was left into it, and then he left it there and went out. The one who had been chosen to clear the ashes from the menorah went in. If he found the two eastern lights burning, he cleared the ash from the rest and left these two burning. If he found that these two had gone out, he cleared away their ash and kindled them from those which were still lit and then he cleared the ash from the rest. There was a stone in front of the candlestick with three steps on which the priest stood in order to trim the lights. He left the kuz on the second step and went out." 4.3. He then took a knife and separated the lung from the liver and the finger of the liver from the liver, but he did not remove it from its place. He cut out the breast and gave it to the one to the one who had merited [bringing it onto the ramp]. He came to the right flank and cut into it as far as the spine, without touching the spine, until he came to the place between two small ribs. He cut it off and gave it to the one who had merited [bringing it onto the ramp], with the liver attached to it. He then came to the neck, and he left two ribs on each side of it, cut it off and gave it to the one to the one who had merited [bringing it onto the ramp], with the windpipe and the heart and the lung attached to it. He then came to the left flank in which he left the two thin ribs above and two thin ribs below; and he had done similarly with the other flank. Thus he left two on each side above and two on each side below. He cut it off and gave it to the one to the one who had merited [bringing it onto the ramp], and the spine with it and the spleen attached to it. This was really the largest piece, but the right flank was called the largest, because the liver was attached to it. He then came to the tail bone, which he cut off and gave it to the one who had merited [bringing it onto the ramp], along with the tail, the finger of the liver and the two kidneys. He then took the left leg and cut it off and gave it to the one who had merited [bringing it onto the ramp]. Thus they were all standing in a row with the limbs in their hands The first had the head and the [right] hind leg. The head was in his right hand with its nose towards his arm, its horns between his fingers, and the place where it was severed turned upwards with the fat covering it. The right leg was in his left hand with the place where the flaying began turned away from him. The second had the two fore legs, the right leg in his right hand and the left leg in his left hand, the place where the flaying began turned away from him. The third had the tail bone and the other hind leg, the tail bone in his right hand with the tail hanging between his fingers and the finger of the liver and the two kidneys with it, and the left hind leg in his left hand with the place where the flaying began turned away from him. The fourth had the breast and the neck, the breast in his right hand and the neck in his left hand, its ribs being between two of his fingers. The fifth had the two flanks, the right one in his right hand, and the left one in his left hand, with the place where the flaying began turned away from him. The sixth had the innards on a platter with the knees on top of them. The seventh had the fine flour. The eighth had the griddle cakes. The ninth had the wine. They went and placed them on the lower half of the ramp on its western side, and salted them (see Leviticus 2:13). They then came down and went to the Chamber of Hewn Stone to recite the Shema." 5.6. When they came between the Sanctuary and the altar, one took the magrefah and threw it between the Sanctuary and the altar. People could not hear one another speak in Jerusalem from the noise of the magrefah. It served three purposes: When a priest heard the sound of it he knew that his fellow priests were going in to bow down, and he would run to join them. When a Levite heard the noise he knew that his fellow Levites were going in to sing, and he would run to join them. And the head of the Ma’amad used to make the unclean stand in the east gate." 6.1. They began to ascend the steps of the Sanctuary. Those who had won the right to clear the ashes from the inner altar and from the candlestick went in front. The one who won the right to clear the inner altar went in and took the teni and bowed down and went out again. The one who had been chosen to clear the candlestick went in, and if he found the two eastern lights still burning he cleared out the eastern one and left the western one burning, since from it he lit the candlestick for the evening. If he found that this one had gone out, he cleared the ash away and lit it from the altar of burnt-offering. He then took the kuz from the second step and bowed down and went out." 7.1. When the high priest went in to bow down, three priests supported him, one by his right and one by his left and one by the precious stones. When the superintendent heard the sound of the footsteps of the high priest as he was about to go out [from the Sanctuary], he raised the curtain for him. He went in, bowed down and went out, and then his fellow priests went in and bowed down and went out." 7.2. They went and stood on the steps of the Sanctuary. The first ones stood at the south side of their fellow priests with five vessels in their hands: one held the teni, the second the kuz, the third the firepan, the fourth the dish, and the fifth the spoon and its covering. They blessed the people with a single blessing, except in the country they recited it as three blessings, in the Temple as one. In the Temple they pronounced the divine name as it is written, but in the country by its substitute. In the country the priests raised their hands as high as their shoulders, but in the Temple above their heads, except the high priest, who did not raise his hands above the diadem. Rabbi Judah says: the high priest also raised his hands above the diadem, since it says, “And Aaron lifted up his hands toward the people and blessed them” (Leviticus 9:22)." 7.3. If the high priest wished to burn the offerings [himself], he would go up the ascent with the deputy high priest at his right. When he reached the middle of the ascent the deputy took hold of his right hand and helped him up. The first [of the other priests] then handed to him the head and the foot and he laid his hands on them and threw them [onto the altar]. The second then handed to the first the two fore legs. And he handed them to the high priest who laid his hands on them and threw them [onto the altar]. The second then went away. In the same way all the other limbs were handed to him and he laid his hands on them and threw them [on to the altar fire]. If he wanted, he could lay his hands and let others throw [them] on the fire. He then went around the altar. From where did he begin? From the southeastern corner; from there he went to the northeastern, then to the northwestern and then to the southwestern. They there handed him the wine for libation. The deputy high priest stood on the corner/horn of the altar with the flags in his hand, and two priests on the table of the fats with two trumpets in their hands. They blew a teki’ah, a teru’ah and a teki’ah. They then went and stood by Ben Arza, one on his right hand and one on his left. When he bent down to make the libation the deputy high priest waved the flags and Ben Arza struck the cymbals and the Levites sang the psalm. When they came to a pause they blew a teki’ah, and the public bowed down. At every pause there was a teki’ah and at every teki’ah a bowing down. This was the order of the regular daily sacrifice for the service of our Lord. May it be His will that it be rebuilt speedily in our days, Amen." |
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16. Mishnah, Yoma, 3.3-3.4, 5.1, 7.1, 7.4 (1st cent. CE - 3rd cent. CE)
| 3.3. A man may not enter the Temple courtyard or to worship even if he was clean until he immerses himself. Five immersions and ten sanctifications did the high priest perform on that day. And all in sanctity in the Bet Haparvah with the exception of this one alone." 3.4. They spread out a linen sheet between him and the people. He stripped off [his clothes], went down and immersed himself, came up and dried himself. They brought him the golden garments, he put them on and sanctified his hands and feet. They brought him the tamid. He made the required cut and some one else finished it for him. He received the blood and sprinkled it. He went inside to smoke the morning incense and to trim the lamps; And to offer up the head and the limbs and the griddle cakes and the wine." 5.1. They brought out to him the ladle and the pan and he took two hands full [of incense] and put it into the ladle, a large [high priest] according to his size, a small one according to his size and thus was its measure. He took the pan in his right hand and the ladle in his left hand. He walked through the Hechal until he came to the place between the two curtains which separated the Holy from the Holy of Holies; between them was [a space of] one cubit. Rabbi Yose says: there was but one curtain, as it is said: “And the curtain shall serve you as a partition between the Holy and the Holy of Holies” (Exodus 26:33). The outer curtain was looped on the south side and the inner curtain on the north side. He walked along between them until he reached the north side. When he reached the north side he turned round to the south and went on along the curtain, to his left, until he reached the Ark. When he reached the Ark he put the pan of burning coals between the two poles. He heaped up the incense upon the coals and the whole house became full with smoke. He came out by the way he entered and in the outer house he uttered a short prayer. He did not make the prayer long so as not to frighten Israel." 7.1. The high priest [then] came to read. If he wished to read in linen garments, he reads, and if not he reads in his own white cloak. The synagogue attendant would take a Torah scroll and give it to the head of the synagogue, and the head of the synagogue gives it to deputy high priest, and the deputy high priest gives it to the high priest, and the high priest stands and receives it, and reads, [section] beginning] “After the death …” (Leviticus 16:1-34) and “But on the tenth…” (Leviticus 23:26-32). Then he would roll up the Torah scroll and put it in his bosom and say, “More than what I have read out before you is written here.” And “On the tenth …” (Numbers 29:7-11) which is in the Book of Numbers he recites by heart. And he recites on it eight benedictions: “For the law”, “For the Temple service,” “For thanksgiving,” “For the forgiveness of sins” and “For the Temple” on its own, and “For Israel” on its own and “For Jerusalem” on its own, “For the priests” on their own and “For the rest of the prayer.”" 7.4. He then sanctified his hands and feet, stripped off his clothes, went down and immersed himself, came up and dried himself. They brought him the white clothes, he put them on and sanctified his hands and his feet. Then he went in to bring out the ladle and the fire-pan. He then sanctified his hands and feet, stripped off his clothes, went down and immersed himself, came up and dry himself. They brought him the golden clothes, he put them on, sanctified his hands and feet, and went in to burn up the dusk incense, and takes care of the lamp. He sanctified his hands and feet and stripped, went down, immersed himself, came up and dried himself. They brought him his own clothes and he put them on. And they would accompany him to his house. And he would make a day of festivity for his friends whenever he came out of the Holy [of Holies] in peace." |
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17. Mishnah, Zevahim, 5.3, 6.5 (1st cent. CE - 3rd cent. CE)
| 5.3. [Concerning] public and private hatats: (These are the public hatats: the goats of new moons and festivals) They are slaughtered in the north, and their blood is received in ministering vessels in the north, and their blood requires four applications on the four corners [of the altar]. How was it done? He went up the ascent, turned to the surrounding walkway, and came to the south-east corner, then the north-east, then the north-west, and then the south-west. He would pour the residue of the blood out at the southern base. They were eaten within the hangings [of the Tabernacle], by male priests, prepared in any fashion, the same day and night, until midnight." 6.5. How was the olah of a bird sacrificed? He [the priest] ascended the ramp, and turned to the surrounding walkway, and made his way to the southeast horn. There he pinched its head at the back of the neck, and severed it, and drained out its blood on the wall of the altar. He took the head, turned the part where it was nipped to the altar, saturated it with salt, and threw it on to the fires [of the altar]. Then he came to the body, and removed the crop, the feathers, and the entrails that came out of it, and threw them on to the burning place. He tore [the body], but did not sever it in half, but if he did sever it, it is still valid. Then he saturated it [the body] with salt, and threw it on to the fires of the altar." |
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18. Mishnah, Shekalim, 3.2-3.3 (1st cent. CE - 3rd cent. CE)
| 3.2. In three baskets each of [the capacity of] three seahs they make the appropriation [of shekels] from the chamber. And on them was inscribed: Aleph, Beth, Gimmel. Rabbi Ishmael says: Greek was inscribed on them, alpha, beta, gamla. The one who made the appropriation did not enter the chamber wearing either a bordered cloak or shoes or sandals or tefillin or an amulet, lest if he became poor people might say that he became poor because of a sin committed in the chamber, or if he became rich people might say that he became rich from the appropriation in the chamber. For it is one’s duty to seem be free of blame before others as before God, as it is said: “And you shall be guiltless before the Lord and before Israel” (Numbers 32:22), and it says: “And you will find favor and good understanding in the eyes of God and man” (Proverbs 3:4)." 3.3. [The members] of Rabban Gamaliel’s household used to enter [the chamber] with their shekel between their fingers, and throw it in front of him who made the appropriation, while he who made the appropriation purposely pressed it into the basket. He who made the appropriation did not make it until he first said to them: “Should I make the appropriation?” And they say to him three times: “Make the appropriation! Make the appropriation! Make the appropriation!”" |
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19. New Testament, Acts, 22.5 (1st cent. CE - 2nd cent. CE)
| 22.5. As also the high priest and all the council of the elders testify, from whom also I received letters to the brothers, and journeyed to Damascus to bring them also who were there to Jerusalem in bonds to be punished. |
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20. New Testament, Luke, 22.66 (1st cent. CE - 1st cent. CE)
| 22.66. As soon as it was day, the assembly of the elders of the people was gathered together, both chief priests and scribes, and they led him away into their council, saying |
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21. New Testament, Mark, 14.53-14.55 (1st cent. CE - 1st cent. CE)
| 14.53. They led Jesus away to the high priest. All the chief priests, the elders, and the scribes came together with him. 14.54. Peter had followed him from a distance, until he came into the court of the high priest. He was sitting with the officers, and warming himself in the light of the fire. 14.55. Now the chief priests and the whole council sought witnesses against Jesus to put him to death, and found none. |
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22. Babylonian Talmud, Bava Batra, None (3rd cent. CE - 6th cent. CE)
| 23a. אתו אומני ויתבי תותייהו ואתו עורבי אכלי דמא וסלקי אבי תאלי ומפסדי תמרי אמר להו רב יוסף אפיקו לי קורקור מהכא א"ל אביי והא גרמא הוא אמר ליה הכי אמר רב טובי בר מתנה זאת אומרת גרמא בניזקין אסור,והא אחזיק [להו] הא אמר רב נחמן אמר רבה בר אבוה אין חזקה לנזקין ולאו איתמר עלה רב מרי אמר בקוטרא ורב זביד אמר בבית הכסא אמר ליה הני לדידי דאנינא דעתאי כי קוטרא ובית הכסא דמו לי: , big strongמתני׳ /strong /big מרחיקין את השובך מן העיר חמשים אמה ולא יעשה אדם שובך בתוך שלו אלא אם כן יש לו חמשים אמה לכל רוח רבי יהודה אומר בית ארבעת כורין מלא שגר היונה ואם לקחו אפילו בית רובע הרי הוא בחזקתו: , big strongגמ׳ /strong /big חמשים אמה ותו לא ורמינהי אין פורסין נשבין ליונים אלא אם כן היה רחוק מן הישוב שלשים ריס,אמר אביי מישט שייטי טובא וכרסייהו בחמשים אמתא מליא ומישט שלשים ריס ותו לא והתניא ובישוב אפילו מאה מיל לא יפרוס רב יוסף אמר בישוב כרמים,רבא אמר בישוב שובכין ותיפוק ליה משום שובכין גופייהו איבעית אימא דידיה ואיבעית אימא דכנעני ואיבעית אימא דהפקר:,רבי יהודה אומר בית ארבעת כורין וכו': אמר רב פפא ואיתימא רב זביד זאת אומרת טוענין ללוקח וטוענין ליורש,יורש תנינא הבא משום ירושה אינו צריך טענה לוקח איצטריכא ליה לוקח נמי תנינא לקח חצר ובה זיזין וגזוזטראות הרי זה בחזקתה,צריכא דאי אשמעינן התם גבי רשות הרבים דאימור כונס לתוך שלו הוא אי נמי אחולי אחול בני רשות הרבים גביה אבל הכא לא,ואי אשמעינן הכא דכיון דיחיד הוא אימא פיוסיה פייסיה אי נמי אחולי אחיל גביה אבל רבים מאן פייס ומאן שביק אימא לא צריכא:,הרי הוא בחזקתו: והא אמר רב נחמן אמר רבה בר אבוה אין חזקה לנזקין רב מרי אמר בקוטרא רב זביד אמר בבית הכסא: | 23a. bbloodletterswould bcome and sit beneath themand perform their work there, band crowswould bcome, eat the blood, and fly up to the palm trees and damage the dates. Rav Yosef said tothe bloodletters: bRemove these crowingbirds bfrom here,i.e., leave in order to avoid further damage. bAbaye said to him: But it is an indirectaction, as the bloodletters themselves are not damaging the dates. Rav Yosef bsaid to himthat bRav Tovi bar Mattana saidas follows: bThat is to saythat it bis prohibitedto cause even bindirect damage. /b,Abaye said to Rav Yosef: bBut they have established an acquired privilegeto use that particular spot for their work. Rav Yosef replied: bDoesn’t Rav Naḥman saythat bRabba bar Avuh says: There is no acquired privilegeof use bincases of bdamage,i.e., an established situation may not be allowed to continue in the event that damage results. Abaye inquired further: bBut wasn’t it stated with regard to thatstatement of Rav Naḥman that bRav Mari saidit is referring specifically bto smoke, and Rav Zevid saidit is referring bto a bathroom?In other words, this principle was stated specifically in the context of damage caused by these substances. Rav Yosef bsaid to him: For me, as I am sensitive, these are like smoke and a bathroom to me,which is why I have the right to demand that the bloodletters leave., strongMISHNA: /strong bOne must distance a dovecote fifty cubits from the cityto prevent doves from eating seeds in the town. bAnd a person should not establish a dovecote within his ownproperty bunless he has fifty cubits in each directionbetween the dovecote and the edge of his property. bRabbi Yehuda saysthat one must have surrounding the dovecote the barea required for sowing four ikor /iof seed on each side, which generally extends bas far as a dove fliesin a single flight. bAnd if one boughtthe dovecote with the land, bhe has the acquired privilegeof its use beven ifit has surrounding it only the barea required for sowing a quarter- ikavof seed [ ibeit rova /i]around it, and he need not remove it from there., strongGEMARA: /strong The Gemara asks: Must one distance a dovecote only bfifty cubitsfrom the city band no more?Is that as far as one can expect a dove to fly? bAndthe Gemara braises a contradictionfrom a mishna ( iBava Kamma79b): One bmay spread out traps [ ineshavin /i] for doves only ifthis was performed bat a distance ofat least bthirty iris /i,or four imil /i, which is eight thousand cubits, bfromany bsettled area,to avoid catching birds that belong to another. Apparently, doves fly a distance of thirty iris /i, whereas the mishna here states fifty cubits., bAbaye said:Doves do bfly great distances,which is why one must avoid catching others’ birds by keeping traps thirty irisaway from settled areas. bButas they eat along their way, btheir stomachs are filledafter a distance of bfifty cubits,at which point they will do no more damage to seeds. The Gemara asks: bAnd do they flyonly bthirty irisand no more? But isn’t it taughtin a ibaraita /i: bAnd in a settled area,one bmay not spread outa trap bevenif the area under his control extends as far as bone hundred imil /iin each direction? bRav Yosef says:That ibaraitais referring bto a settled area of vineyards,i.e., a contiguous region of vineyards and gardens. In that case the doves pass from place to place even over a great distance., bRava said:The ibaraitais referring bto a settled area of dovecotes,i.e., where many dovecotes are distributed. The Gemara asks: bAndaccording to Rava, bletthe itanna bderivethat one may not establish a new dovecote there bdue tothe other bdovecotes themselves,as he will trap doves belonging to others. The Gemara answers: bIf you wish, saythat this is referring to bhis owndovecotes. bAnd if you wish, sayit is referring to the dovecotes of ba gentile,whose property one is not obligated to protect from harm. bAnd if you wish, sayit is referring bto ownerlessdovecotes.,§ bRabbi Yehuda saysthat one must have surrounding the dovecote the barea required for sowing four ikor /iof seed on each side, which is as far as a dove flies in a single flight. And if one bought the dovecote with the land, he has the acquired privilege of its use. bRav Pappa said, and some sayit was bRav Zevid: That is to saythat a court bissues a claimon behalf bof a buyer, and issues a claimon behalf bof an heir.This is referring to the ihalakhaof taking possession. If one has been physically in possession of an item for a period of time, generally three years, this serves as proof that he is in fact the legal owner. This possession must be accompanied by a claim of how one acquired the item; he cannot simply state that no one protested his possessing the item for three years. Rav Pappa is saying that the court will lodge a claim on behalf of a buyer or heir that they acquired the item from someone who was the owner, just as here the court assumes that the previous owner of the dovecote came to an agreement with his neighbors that he may use it.,The Gemara asks: Why is it necessary for Rav Pappa to state this ihalakha /i? bWealready blearnthis with regard to ban heir(41a): In the case of land bthat comes as an inheritance, one is not required to make a claimas to how the land came into his benefactor’s possession when one’s ownership of the land is challenged. The Gemara answers: bIt was necessary for himto state this ihalakhawith regard to ba buyer.The Gemara asks: With regard to ba buyer as well, we learnthis in a mishna (60a): If one bbought a courtyard in which there are projections and balconies [ iugzuztraot /i]extending into the public domain, this courtyard bretains its presumptive status,i.e., the owner has the acquired privilege of their use, and the court does not demand their removal.,The Gemara answers: It was bnecessaryfor the itannaof the mishna to state this ihalakhain both cases, bas, if he had taught us thisonly bthere,in that mishna, one might have said that it applies specifically bwith regard toa protrusion or a balcony that extends into bthe public domain, asone can bsaythat perhaps bit isa case where the seller had bdrawn back into his ownland before adding the projections and balconies, and they in fact do not extend into the public thoroughfare. bAlternatively,perhaps bthe public waivedtheir right bto himand allowed him to place them over the common area, as otherwise they would have protested. bBut here,where he causes damage to private individuals, one might have thought that the buyer does bnothave a privilege of use, and therefore the mishna teaches us otherwise., bAnd if he had taught thisonly in the mishna bhere,one might bsaythat bsincethe party potentially suffering damage bis an individual,the owner of the dovecote bappeasedhis neighbor by paying him to permit him to construct it. bAlternatively,the neighbor might have bwaivedhis right bto him. Butin a case where damage is caused to bthe public,one might argue: bWhom did he appease, and who yieldedto him? Consequently, one might bsaythat the purchaser does bnotretain the privilege of use. Therefore, it is bnecessaryfor the itannato state the ihalakhain this case as well.,§ The mishna teaches that if one bought the dovecote with the land, bhe has the acquired privilegeof use. The Gemara asks: bBut doesn’t Rav Naḥman saythat bRabba bar Avuh says: There is no acquired privilegeof use bforcases of bdamage?Why should he retain his acquired privilege of use when his doves cause damage? bRav Mari said:Rav Naḥman’s statement is referring specifically bto smoke,which causes serious damage, and that is why it overrides an acquired privilege. bRav Zevid said:It is referring bto a bathroom,whose odor is particularly strong. |
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23. Babylonian Talmud, Sanhedrin, None (3rd cent. CE - 6th cent. CE)
| 29a. קרובים ונתרחקו הוו אתו לקמיה לדינא אמר להו פסילנא לכו לדינא,אמרו ליה מאי דעתיך כר' יהודה אנן מייתינן איגרתא ממערבא דאין הלכה כרבי יהודה,אמר להו אטו בקבא דקירא אידבקנא בכו דלא קאמינא פסילנא לכו לדינא אלא משום דלא צייתיתו דינא:,אוהב זה שושבינו וכו':,וכמה אמר ר' אבא אמר רבי ירמיה אמר רב כל שבעת ימי המשתה ורבנן משמיה דרבא אמרי אפילו מיום ראשון ואילך:,השונא כל שלא דבר כו': ת"ר (במדבר לה, כג) והוא לא אויב לו יעידנו (במדבר לה, כג) ולא מבקש רעתו ידיננו,אשכחן שונא אוהב מנלן,קרי ביה הכי והוא לא אויב לו ולא אוהב לו יעידנו ולא מבקש רעתו ולא טובתו ידיננו,מידי אוהב כתיב אלא סברא הוא אויב מאי טעמא משום דמרחקא דעתיה אוהב נמי מקרבא דעתיה,ורבנן האי לא אויב לו ולא מבקש רעתו מאי דרשי ביה,חד לדיין,אידך כדתניא אמר רבי יוסי ברבי יהודה והוא לא אויב לו ולא מבקש רעתו מכאן לשני תלמידי חכמים ששונאין זה את זה שאין יושבין בדין כאחד:, big strongמתני׳ /strong /big כיצד בודקים את העדים היו מכניסין אותן לחדר ומאיימין עליהן ומוציאין את כל האדם לחוץ ומשיירין את הגדול שבהן,ואומרים לו אמור היאך אתה יודע שזה חייב לזה אם אמר הוא אמר לי שאני חייב לו איש פלוני אמר לי שהוא חייב לו לא אמר כלום עד שיאמר בפנינו הודה לו שהוא חייב לו מאתים זוז,ואחר כך מכניסין את השני ובודקין אותו אם נמצאו דבריהן מכוונין נושאין ונותנין בדבר,שנים אומרים זכאי ואחד אומר חייב זכאי שנים אומרים חייב ואחד אומר זכאי חייב אחד אומר חייב ואחד אומר זכאי אפילו שנים מזכין או שנים מחייבין ואחד אומר איני יודע יוסיפו הדיינין,גמרו את הדבר היו מכניסין אותן הגדול שבדיינין אומר איש פלוני אתה זכאי איש פלוני אתה חייב,ומניין לכשיצא לא יאמר אני מזכה וחביריי מחייבים אבל מה אעשה שחביריי רבו עלי על זה נאמר ((ויקרא יט, טז) לא תלך רכיל בעמך ואומר) (משלי יא, יג) הולך רכיל מגלה סוד:, big strongגמ׳ /strong /big היכי אמרי' להו אמר רב יהודה הכי אמרינן להו (משלי כה, יד) נשיאים ורוח וגשם אין איש מתהלל במתת שקר,אמר (ליה) רבא יכלי למימר שב שני הוה כפנא ואבבא אומנא לא חליף,אלא אמר רבא אמרינן להו (משלי כה, יח) מפץ וחרב וחץ שנון איש עונה ברעהו עד שקר,אמר (ליה) רב אשי יכלי למימר שב שני הוה מותנא ואיניש בלא שניה לא שכיב,אלא אמר רב אשי אמר לי נתן בר מר זוטרא אמרינן להו סהדי שקרי אאוגרייהו זילי דכתיב (מלכים א כא, י) והושיבו שנים אנשים בני בליעל נגדו ויעידוהו לאמר ברכת אלהים ומלך:,אם אמר הוא אמר לי כו' עד שיאמרו בפנינו הודה לו שהוא חייב לו מאתים זוז:,מסייע ליה לרב יהודה דאמר רב יהודה אמר רב צריך שיאמר אתם עדיי,איתמר נמי א"ר חייא בר אבא א"ר יוחנן (מנה לי בידך אמר לו הן למחר אמר לו תנהו לי אמר) משטה אני בך פטור,תניא נמי הכי מנה לי בידך אמר לו הן למחר אמר לו תנהו לי אמר לו משטה אני בך פטור,ולא עוד אלא אפילו הכמין לו עדים אחורי גדר ואמר לו מנה לי בידך אמר לו הן רצונך שתודה בפני פלוני ופלוני אמר לו מתיירא אני שמא תכפיני לדין למחר אמר לו תניהו לי אמר לו משטה אני בך פטור,ואין טוענין למסית,מסית מאן דכר שמיה חסורי מיחסרא והכי קתני אם לא טען אין טוענין לו ובדיני נפשות אע"ג דלא טען טוענין לו ואין טוענין למסית,מאי שנא מסית אמר ר' חמא בר חנינא מפירקיה דרבי חייא בר אבא שמיע לי שאני מסית דרחמנא אמר (דברים יג, ט) לא תחמול ולא תכסה עליו,אמר רבי שמואל בר נחמן אמר רבי יונתן מניין שאין טוענין למסית מנחש הקדמוני דא"ר שמלאי הרבה טענות היה לו לנחש לטעון ולא טען ומפני מה לא טען לו הקב"ה לפי שלא טען הוא,מאי הוה ליה למימר דברי הרב ודברי תלמיד דברי מי שומעין דברי הרב שומעין,אמר חזקיה מניין שכל המוסיף גורע שנאמר (בראשית ג, ג) אמר אלהים לא תאכלו ממנו ולא תגעו בו,רב משרשיא אמר מהכא (שמות כה, י) אמתים וחצי ארכו,רב אשי אמר (שמות כו, ז) עשתי עשרה יריעות,אמר אביי לא שנו אלא דאמר משטה אני בך אבל אמר | 29a. bwere relativesof his band became not relatedto him, as Mar Ukva’s wife, who was their sister, died. bThey came before him for judgment.Mar Ukva bsaid to them: I am disqualified from adjudicating for you. /b, bThey said toMar Ukva: bWhat is your opinionaccording to which you disqualify yourself? Do you rule bin accordance withthe opinion of bRabbi Yehuda,that since you have children we are still relatives? bWe shall bring a letter from the West,Eretz Yisrael, bthatthe ihalakha /iis bnot in accordance withthe opinion of bRabbi Yehuda. /b,Mar Ukva bsaid to them: Is that to saythat bI am stuck to you with a ikavof wax [ ikira /i]?I agree bthatwe are not considered relatives; bI am saying that I am disqualified from adjudicating for you only because you will not obey the verdict,and I do not wish to participate in such judgment.,§ The mishna teaches that according to Rabbi Yehuda, one who loves or one who hates one of the litigants is disqualified from bearing witness. One who blovesone of the litigants; bthisis referring to bhis groomsman. /b,The Gemara asks: bAndfor bhow longis the groomsman disqualified? bRabbi Abba saysthat bRabbi Yirmeya saysthat bRav says:Throughout ball of the seven days of feasting. And the Rabbis say in the name of Rava: Even from the first dayafter the wedding band onwardhe is no longer disqualified; he is disqualified only on the wedding day itself.,§ The mishna teaches: bOne who hatesthe litigant is referring to banyonewho, out of enmity, bdid not speakwith the litigant for three days. bThe Sages taughtin a ibaraita /i: This ihalakhais derived from the verse: “And he was not his enemy, neither sought his harm” (Numbers 35:23), that one about whom it can be stated: b“And he was not his enemy,” can testify about him.And one who b“neither sought his harm” can judge him. /b,The Gemara asks: bWe founda source for the disqualification of one who bhates; from where do wederive that one who blovesis disqualified?,The Gemara answers that one should bread intothe verse blike this:One about whom it can be stated: bAnd he who was not his enemy nor one who loves him, can testify about him;and one who bneither sought his harm nor his favor can judge him. /b,The Gemara asks: bIs: One who loves, writtenin the verse? How can the verse be read in this manner? bRather,the extension of the disqualification to one who loves him as well bisbased on blogical reasoning: What is the reason an enemyis disqualified from bearing witness? It is bbecause he feels a sense of aversiontoward that individual and might testify falsely against him. A similar logic can be employed with regard to one who bloves, as well: He feels a sense of affinitytoward that individual, and might testify falsely on his behalf.,The Gemara asks: bAnd what do the Rabbis,who do not agree with Rabbi Yehuda, bderive from thisverse: b“And he was not his enemy, neither sought his harm”? /b,The Gemara answers: bOnepart of the verse is necessary bforthe ihalakhathat ba judgewho loves or hates one of the litigants is disqualified. The Rabbis agree with this ihalakha /i, as such a judge is naturally inclined to favor one of the litigants., bThe otherpart of the verse is interpreted bin accordance with that which is taughtin a ibaraita /i: bRabbi Yosei, son of Rabbi Yehuda, says:With regard to the verse b“And he was not his enemy, neither sought his harm,”it is derived bfrom here that two Torah scholars who hate each other cannot sit in judgmenttogether bas one.Because of their hatred they will come to contradict each other’s rulings unjustly., strongMISHNA: /strong bHow dothe judges bexamine the witnesses? They bring them into a roomin the courthouse band intimidate themso that they will speak only the truth. bAnd they take all the people,other than the judges, boutsideso that they should not tell the other witnesses the questions the judges ask and the answers the first witness gives, band they leaveonly bthe eldest ofthe witnesses to testify first., bAnd they say to him: Say howexactly byou know that thislitigant bowes money to thatlitigant, as the plaintiff claims. bIf he said:The defendant bsaid to me:It is true bthat I owethe plaintiff, or if he says: bSo-and-so said to me thatthe defendant bowesthe plaintiff, the witness bhas said nothingand his testimony is disregarded. It is not valid testimony bunless he says:The defendant badmitted in our presence tothe plaintiff bthat he owes him,e.g., btwo hundred dinars.By admitting to the debt in the presence of witnesses he renders himself liable to pay the amount that he mentioned., bAnd afterward they bring in the secondwitness band examine himin the same manner. bIf their statements are found to be congruentthe judges then bdiscuss the matter. /b,If the opinions of the judges are divided, as btwojudges bsaythat the defendant is bexemptfrom payment band one sayshe is bliableto pay, he is bexempt.If btwo sayhe is bliable and one sayshe is bexempt,he is bliable.If bone sayshe is bliable and one sayshe is bexempt,or bevenif btwoof the judges bdeemhim bexempt or twoof them bdeemhim bliable, andthe other bone says: I do not know,the court bmust addmore bjudgesand then rule in accordance with the majority opinion. This is because the one who abstains is considered as though he is not a member of the court.,After the judges bfinish the matterand reach a decision, bthey bring inthe litigants. bThe greatest of the judges says: So-and-so, you are exemptfrom paying; or: bSo-and-so, you are liableto pay., bAnd from whereis it derived that bwhenthe judge bleavesthe courtroom bhe may not say: I deemedyou bexempt and my colleagues deemedyou bliable, but what can I do, as my colleagues outnumbered meand consequently you were deemed liable? bAbout this it is stated: “You shall not go as a talebearer among your people”(Leviticus 19:16), band it says: “One who goes about as a talebearer reveals secrets,but one who is of a faithful spirit conceals a matter” (Proverbs 11:13)., strongGEMARA: /strong The mishna teaches that the judges intimidate the witnesses. The Gemara asks: bWhat do we say to them? Rav Yehuda saysthat bthisis what bwe say to them:It is stated: b“As clouds and wind without rain, so is he who boasts himself of a false gift”(Proverbs 25:14). In other words, there will be no rain and no blessing from your deeds if you lie., bRava said to him:If so, false witnesses bcan sayto themselves that they do not have to worry about this punishment, according to the folk saying: bSeven years there was a famine, but over the craftsman’s door it did not pass.If the witnesses are not farmers, they do not need to worry over lack of rain. Consequently, they will disregard this concern., bRather, Rava saidthat bwe saythis verse bto them: “As a hammer, and a sword, and a sharp arrow, so is a man who bears false witness against his neighbor”(Proverbs 25:18), meaning that a false witness will die prematurely., bRav Ashi said to him:Here too, false witnesses bcan sayto themselves a folk saying: bSeven years there was a pestilence, but a manwho has bnotreached bhis years did not die;everyone dies at his predestined time. Therefore, they will disregard this concern as well.,The Gemara presents another suggestion: bRather, Rav Ashi said: Natan bar Mar Zutra said to methat bwe say to themthat bfalse witnesses are belittledeven bby those who hire them,and all the more so by others; bas it is writtenthat Jezebel said when she ordered witnesses to be hired to testify against Naboth: b“And set two men, base fellows, before him, and let them bear witness against him, saying: You cursed God and the king”(I Kings 21:10). Even Jezebel, who gave the orders to hire them, called them “base fellows.”,§ The mishna teaches that bifthe witness bsaid:The defendant bsaid to me:It is true that I owe him, his testimony is disregarded bunless he says:The defendant badmitted in our presence tothe plaintiff bthat he owes him two hundred dinars. /b,The Gemara comments: bThis supportsthe opinion of bRav Yehuda, as Rav Yehuda saysthat bRav says:The debtor bneeds to sayto the witnesses to the loan or in his admission that he owes the creditor: bYou are my witnesses.Otherwise, their testimony is not valid., bIt was also statedthat bRabbi Ḥiyya bar Abba saysthat bRabbi Yoḥa says:If one said to another: bIhave bone hundred dinars in your possession,i.e., you owe me one hundred dinars, and the other bsaid to him: Yes,and bthe next daythe claimant bsaid to him: Give it to me,if the other then bsaidto him: bI was teasing you,i.e., I did not mean it seriously when I said that I owed it to you, the respondent is bexempt. /b, bThis is also taughtin a ibaraita /i: If one said to another: bIhave bone hundred dinars in your possession,and the other bsaid to him: Yes,and bthe next daythe claimant bsaid to him: Give it to me,if the other then bsaid to him: I was teasing you,the respondent is bexempt. /b, bAnd moreover,the respondent is exempt bevenin a case where the claimant bhid witnesses forthe respondent bbehind a fenceso that the respondent would not see them, band said to him: Ihave bone hundred dinars in your possession,and the respondent bsaid to him: Yes,and the claimant then said to him: bDo you wish to admitthe debt bin the presence of so-and-so and so-and-so?And the respondent bsaid to him: I am afraidto do so, blest you compel me togo to bjudgment,where, based on their testimony, you will be given the right to forcibly take the money from me whenever you want. But between you and me, I admit that I owe you. And bthe next daythe claimant bsaid to him: Give methe one hundred dinars that you admitted to owing me, and the respondent bsaid to him: I was teasing you.The respondent is bexemptbecause he can claim that he stated his admission only to appease the claimant temporarily, and did not mean to actually admit to owing the money, as he did not know that there were witnesses present., bButthe judges bdo not advance a claim on behalf of an inciter,i.e., one who is accused of inciting others to idol worship.,The Gemara asks: bAn inciter? Who mentioned anything about it?This matter was not discussed in the ibaraita /i. The Gemara answers: The ibaraita bis incomplete, and this is what it is teaching: Ifthe defendant bdid not advance a claimthat he was teasing the plaintiff, the judges bdo not advancethis bclaim for him.Apparently, he stated his admission seriously. bBut incases of bcapital law, even ifthe defendant bdid not advanceany bclaimon his own behalf, the judges badvance a claim on his behalf. Butthe judges bdo not advance claims on behalf of an inciter. /b,The Gemara asks: bWhat is differentabout ban inciter,that the court does not seek to deem him innocent? bRabbi Ḥama bar Ḥanina says: I heard at the lecture of Rabbi Ḥiyya bar Abbathat ban inciter is different, as the Merciful One statesconcerning him: b“Neither shall you spare, neither shall you conceal him”(Deuteronomy 13:9). In this unique case, the court is not required to try to deem him innocent., bRabbi Shmuel bar Naḥman saysthat bRabbi Yonatan says: From whereis it derived bthatthe judges bdo not advance a claim on behalf of an inciter?It is derived bfromthe incident of bthe primordial snakewho tempted Eve; he was the first inciter. bAs Rabbi Simlai says: The snake could have advanced many claimson its own behalf, bbut it did not claimthem. bAnd for whatreason bdid the Holy One, Blessed be He, not advancethese bclaims for it,deeming the snake exempt from punishment? bBecausethe snake bdid not advancethese bclaims itself. /b,The Gemara asks: bWhat could he have said?The Gemara answers: The snake could have said that it is not to blame, as when there is a contradiction between bthe statement of the teacher and the statement of the student, whose statement should one listen to? One should listen to the statement of the teacher.Since God instructed Adam and Eve not to eat from the fruit of the Tree of Knowledge, Adam and Eve should have heeded God’s words and not those of the snake., bḤizkiyya says: From whereis it derived bthat anyone who adds, subtracts?It is derived from a verse, bas it is statedthat Eve said: b“God has said: You shall not eat of it, neither shall you touch it”(Genesis 3:3), whereas God had actually rendered prohibited only eating from the tree but not touching it, as it is stated: “But of the Tree of Knowledge of good and evil, you shall not eat of it” (Genesis 2:17). Because Eve added that there was a prohibition against touching the tree, the snake showed her that touching it does not cause her to die, and she consequently sinned by eating from it as well., bRav Mesharshiyya saysthat the idea that one who adds, subtracts can also be proven bfrom here: “Two cubits [ iamatayim /i] and a half shall be its length”(Exodus 25:10). Without the letter ialefat the beginning of the word iamatayim /i, it would be read imatayim /i, which would mean two hundred cubits. The addition of the ialeftherefore reduces this term to only two cubits., bRav Ashi saysanother example: In the verse: b“Eleven [ iashtei esrei /i] curtains”(Exodus 26:7), without the letter iayinat the beginning of the phrase it would read ishtei esrei /i, twelve. Therefore, the additional letter iayinreduces the amount from twelve to eleven., bAbaye says:With regard to the case of one who denies a debt to which he admitted in the presence of hidden witnesses, the Sages btaughtthat he is exempt bonlyin a case bwhere he says: I was teasing you. Butif bhe says: /b |
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