5. Philo of Alexandria, On The Special Laws, 3.83, 3.89, 3.93-3.99, 3.113, 3.117, 3.120-3.121, 3.124-3.128, 3.132, 3.137, 3.141-3.142, 3.149-3.153, 3.159, 3.163, 3.169-3.179, 3.184, 3.189, 3.195, 3.199, 3.205-3.209 (1st cent. BCE - 1st cent. CE)
| 3.83. The name of homicide is that affixed to him who has slain a man; but in real truth it is a sacrilege, and the very greatest of all sacrileges, because, of all the possessions and sacred treasures in the whole world, there is nothing more holy in appearance, nor more godlike than man, the all-beautiful copy of an all-beautiful model, a representation admirably made after an archetypal rational idea. 3.89. Or shall we say that to those who have done no wrong the temple is still inaccessible until they have washed themselves, and sprinkled themselves, and purified themselves with the accustomed purifications; but that those who are guilty of indelible crimes, the pollution of which no length of time will ever efface, may approach and dwell among those holy seats; though no decent person, who has any regard for holy things would even receive them in his house?XVI. 3.93. But there are others also of the greatest wickedness, men polluted both in hands and mind, who, being sorcerers and poisoners, devoting all their leisure and all their solitude to planning seasonable attacks upon others, who invent all kinds of contrivances and devices to bring about calamities on their neighbours. 3.94. On which account, Moses commands that poisoners and sorceresses shall not be allowed to live one day or even one hour, but that they shall be put to death the moment that they are taken, no pretext being for a moment allowed them for putting off or delaying their punishment. For those who attack one openly and to one's face, any body may guard against; but of those who plot against one secretly, and who disguise their attacks by the concealed approaches of poison, it is not easy to see the cunning beforehand. 3.95. It is necessary, therefore, to anticipate them, inflicting upon them that death which other persons would else have suffered by their means. And again, besides this, he who openly slays a man with a sword, or with any similar weapon, can only kill a few persons at one time; but one who mixes and compounds poisonous drugs with food, may destroy innumerable companies at once who have no suspicion of his treachery. 3.96. Accordingly, it has happened before now that very numerous parties of men who have come together in good fellowship to eat of the same salt and to sit at the same table, have suffered at such a time of harmony things wholly incompatible with it, being suddenly killed, and have thus met with death instead of feasting. On which account it is fitting that even the most merciful, and gentle, and moderate of men should approve of such persons being put to death, who are all but the same as murderers who slay with their own hand; and that they should think it consistent with holiness, not to commit their punishment to others, but to execute it themselves. 3.97. For how can it by anything but a most terrible evil for any one to contrive the death of another by that food which is given as the cause of life, and to work such a change in that which is nutritious by nature as to render it destructive; so that those who, in obedience to the necessities of nature, have recourse to eating and drinking, having no previous idea of any treachery, take destructive food as though it were salutary? 3.98. Again, let those persons meet with the same punishment who, though they do not compound drugs which are actually deadly, nevertheless administer such as long diseases are caused by; for death is often a lesser evil than diseases; and especially than such as extend over a long time and have no fortunate or favourable end. For the illnesses which arise from poisons are difficult to be cured, and are often completely incurable. 3.99. Moreover, in the case of men who have been exposed to machinations of this kind, it often happens that diseases of the mind ensue which are worse even than the afflictions of the body; for they are often attacked by delirium and insanity, and intolerable frenzy, by means of which the mind, the greatest blessing which God has bestowed upon mankind, is impaired in every possible manner, despairing of any safety or cure, and so is utterly removed from its seat, and expelled, as it were, leaving in the body only the inferior portion of the soul, namely, its irrational part, of which even beasts partake, since every person who is deprived of reason, which is the better part of the soul, is changed into the nature of a beast, even though the characteristics of the human form remain.XVIII. 3.113. for those men are devoted to pleasure who are not influenced by the wish of propagating children, and of perpetuating their race, when they have connection with women, but who are only like boars or he-goats seeking the enjoyment that arises from such a connection. Again, who can be greater haters of their species than those who are the implacable and ferocious enemies of their own children? Unless, indeed, any one is so foolish as to imagine that these men can be humane to strangers who act in a barbarous manner to those who are united to them by ties of blood. 3.117. Therefore, Moses has utterly prohibited the exposure of children, by a tacit prohibition, when he condemns to death, as I have said before, those who are the causes of a miscarriage to a woman whose child conceived within her is already formed. And yet those persons who have investigated the secrets of natural philosophy say that those children which are still within the belly, and while they are still contained in the womb, are a part of their mothers; and the most highly esteemed of the physicians who have examined into the formation of man, scrutinising both what is easily seen and what is kept concealed with great care, by means of anatomy, in order that, if there should be any need of their attention to any case, nothing may be disregarded through ignorance and so become the cause of serious mischief, agree with them and say the same thing. 3.120. The sacred law says that the man, who has been killed without any intention that he should be so on the part of him who killed him, has been given up by God into the hands of his slayers; {8}{#ex 21:13.} in this way designing to make an excuse for the man who appears to have slain him as if he had slain a guilty person. 3.121. For the merciful and forgiving God can never be supposed to have given up any innocent person to be put to death; but whoever ingeniously escapes the judgment of a human tribunal by means of his own cunning and wariness, he is convicted when brought before the invisible tribunal of nature, by which alone the uncorrupted truth is discerned without being kept in the dark by the artifices of sophistical arguments. For such an investigation does not admit of arguments at all, laying bare all devices and intentions, and bringing the most secret counsels to light; and, in one sense, it does not look upon a man who has slain another as liable to justice, inasmuch as he has only sinned to be the minister of a divine judgment, but still he will have incurred an obscure and slight kind of defilement, which, however, may obtain allowance and pardon. 3.124. And the cause of the first of these injunctions was this. The tribe which has been mentioned received these cities as a reward for a justifiable and holy slaughter, which we must look upon as the most illustrious and important of all the gallant actions that were ever performed. 3.125. For when the prophet, after having been called up to the loftiest and most sacred of all the mountains in that district, was divinely instructed in the generic outlines of all the special laws, {10}{#ex 32:1.} and was out of sight of his people for many days; those of the people who were not of a peaceable disposition filled every place with the evils which arise from anarchy, and crowned all their iniquity with open impiety, turning into ridicule all those excellent and beautiful lessons concerning the honour due to the one true and living God, and having made a golden bull, an imitation of the Egyptian Typhos, and brought to it unholy sacrifices, and festivals unhallowed, and instituted profane and impious dances, with songs and hymns instead of lamentations; 3.126. then the tribe aforesaid, being very terribly indigt at their sudden departure from their previous customs, and being enflamed with zeal by reason of their natural disposition which hated iniquity, all became full of rage and of divine enthusiasm, and arming themselves, as at one signal, and with great contempt and one uimous attack, came upon the people, drunk thus with a twofold intoxication of impiety and of wine, beginning with their nearest and dearest friends and relations, thinking those who loved God to be their only relations and friends. And in a very small portion of the day, four-and-twenty thousand men were slain; the calamities of whom were a warning to those who would otherwise have joined themselves to their iniquity, but who now were alarmed lest they should suffer a similar fate. 3.127. Since then these men had undertaken this expedition of their own accord and spontaneously, in the cause of piety and holy reverence for the one true and living God, not without great danger to those who had entered in the contest, the Father of the universe received them with approbation, and at once pronounced those who had slain those men to be pure from all curse and pollution, and in requital for their courage he bestowed the priesthood on them.XXIII. 3.128. Therefore the lawgiver enjoins that the man who has committed an unintentional murder should flee to some one of the cities which this tribe has received as its inheritance, in order to comfort him and to teach him not to despair of any sort of safety; but to make him, while safe through the privilege of the place, remember and consider that not only on certain occasions is forgiveness allowed to those who have designedly slain any person, but that even great and preeminent honours and excessive happiness is bestowed on them. And if such honours can ever be allowed to those who have slain a man voluntarily, how much more must there be allowance made for those who have done so not with any design, so that, even if no honour be bestowed on them, they may at least not be condemned to be put to death in retaliation. By which injunctions the lawgiver intimates that every kind of homicide is not blameable, but only that which is combined with injustice; and that of other kinds some are even praiseworthy which are committed out of a desire and zeal for virtue; and that which is unintentional is not greatly to be blamed. 3.132. Therefore, let every one who has slain a man unintentionally fear him, as the champion and espouser of the cause of those who have been slain, and let him keep himself close within the city to which he has fled for refuge, no longer venturing to advance outside of the walls, if he has any regard for his own safety, and for keeping his life out of the reach of danger. 3.137. Now servants are, indeed, in an inferior condition of life, but still the same nature belongs to them and to their masters. And it is not the condition of fortune, but the harmony of nature, which, in accordance with the divine law is the rule of justice. On which account it is proper for masters not to use their power over their slaves in an insolent manner, displaying by such conduct their insolence and overbearing disposition and terrible cruelty; for such conduct is not a proof of a peaceful soul, but of one which, out of an inability to regulate itself, covets the irresponsibility of a tyrannical power. 3.141. even if he should say that he had only inflicted blows on them to correct them, not designing to kill them. For he will not at once get off with a cheerful countece, but he will be brought before the tribunal and examined by accurate investigators of the truth, who will inquire whether he slew him intentionally or unintentionally. And if he be found to have plotted against him with a wicked disposition, let him die; not having any excuse made for him on the ground of his being the servants' master, so as to procure his deliverance. 3.142. But if the servants who have been beaten do not die at once after receiving the blows, but live one day or two, then the master shall no longer be liable to be accused of murder, having this strong ground of defence that he did not kill them on the spot by beating, nor afterwards when he had them in his house, but that he suffered them to live as long as they could, even though that may not have been very long. Besides that, no one is so silly as to attempt to distress another by conduct by which he himself also will be a loser. 3.149. Again, those men also are committing an injury akin to and resembling that which has just been mentioned, who when building houses leave the roof level with the ground though they ought to protect them with a parapet, in order that no one may fall down into the hole made without perceiving it. For such men, if one is to tell the plain truth, are committing murder, as far as they themselves are concerned, even though no one fall in and perish; accordingly let them be punished equally with those who have the mouths of pits open.XXVIII. 3.150. The law expressly enjoins that it shall not be lawful to take any ransom from murderers who ought to be put to death, for the purpose of lessening their punishment, or substituting banishment for death. For blood must be atoned for by blood, the blood of him who has been treacherously slain by that of him who has slain him. 3.151. Since men of wicked dispositions are never wearied of offending, but are always committing atrocious actions in the excess of their wickedness, and increasing their iniquities, and extending them beyond all bounds or limits. For the lawgiver would, if it had been in his power, have condemned those men to ten thousand deaths. But since this was not possible, he prescribed another punishment for them, commanding those who had slain a man to be hanged upon a tree. 3.152. And after having established this ordice he returned again to his natural humanity, treating with mercy even those who had behaved unmercifully towards others, and he pronounced, "Let not the sun set upon persons hanging on a Tree;"{14}{#de 21:23.} but let them be buried under the earth and be concealed from sight before sunset. For it was necessary to raise up on high all those who were enemies to every part of the world, so as to show most evidently to the sun, and to the heaven, and to the air, and to the water, and to the earth, that they had been chastised; and after that it was proper to remove them into the region of the dead, and to bury them, in order to prevent their polluting the things upon the earth.XXIX. 3.153. Moreover, there is this further commandment given with great propriety, that the fathers are not to die in behalf of their sons, nor the sons in behalf of their parents, but that every one who has done things worthy of death is to be put to death by himself alone. And this commandment is established because of those persons who set might above right, and also for the sake of those who are too affectionate; 3.159. Not long ago a certain man who had been appointed a collector of taxes in our country, when some of those who appeared to owe such tribute fled out of poverty, from a fear of intolerable punishment if they remained without paying, carried off their wives, and their children, and their parents, and their whole families by force, beating and insulting them, and heaping every kind of contumely and ill treatment upon them, to make them either give information as to where the fugitives had concealed themselves, or pay the money instead of them, though they could not do either the one thing or the other; in the first place, because they did not know where they were, and secondly, because they were in still greater poverty than the men who had fled. 3.163. But perhaps it is not wonderful if men, barbarians by nature, utterly ignorant of all gentleness, and under the command of despotic authority, which compelled them to give an account of the yearly revenue, should, in order to enforce the payment of the taxes, extend their severities, not merely to properties but also to the persons, and even to the lives, of those from whom they thought they could exact a vicarious payment. 3.169. Market places, and council chambers, and courts of justice, and large companies and assemblies of numerous crowds, and a life in the open air full of arguments and actions relating to war and peace, are suited to men; but taking care of the house and remaining at home are the proper duties of women; the virgins having their apartments in the centre of the house within the innermost doors, and the full-grown women not going beyond the vestibule and outer courts; 3.170. for there are two kinds of states, the greater and the smaller. And the larger ones are called really cities; but the smaller ones are called houses. And the superintendence and management of these is allotted to the two sexes separately; the men having the government of the greater, which government is called a polity; and the women that of the smaller, which is called oeconomy. 3.171. Therefore let no woman busy herself about those things which are beyond the province of oeconomy, but let her cultivate solitude, and not be seen to be going about like a woman who walks the streets in the sight of other men, except when it is necessary for her to go to the temple, if she has any proper regard for herself; and even then let her not go at noon when the market is full, but after the greater part of the people have returned home; like a well-born woman, a real and true citizen, performing her vows and her sacrifices in tranquillity, so as to avert evils and to receive blessings. 3.172. But when men are abusing one another or fighting, for women to venture to run out under pretence of assisting or defending them, is a blameable action and one of no slight shamelessness, since even, in the times of war and of military expeditions, and of dangers to their whole native land, the law does not choose that they should be enrolled as its defenders; looking at what is becoming, which it thinks desirable to preserve unchangeable at all times and in all places, thinking that this very thing is of itself better than victory, or then freedom, or than any kind of success and prosperity. 3.173. Moreover, if any woman, hearing that her husband is being assaulted, being out of her affection for him carried away by love for her husband, should yield to the feelings which overpower her and rush forth to aid him, still let her not be so audacious as to behave like a man, outrunning the nature of a woman; {16}{#de 25:11.} but even while aiding him let her continue a woman. For it would be a very terrible thing if a woman, being desirous to deliver her husband from an insult, should expose herself to insult, by exhibiting human life as full of shamelessness and liable to great reproaches for her incurable boldness; 3.174. for shall a woman utter abuse in the marketplace and give vent to unlawful language? and if another man uses foul language, will not she stop her ears and run away? But as it is now, some women are advanced to such a pitch of shamelessness as not only, though they are women, to give vent to intemperate language and abuse among a crowd of men, but even to strike men and insult them, with hands practised rather in works of the loom and spinning than in blows and assaults, like competitors in the pancratium or wrestlers. And other things, indeed, may be tolerable, and what any one might easily bear, but that is a shocking thing if a woman were to proceed to such a degree of boldness as to seize hold of the genitals of one of the men quarrelling. 3.175. For let not such a woman be let go on the ground that she appears to have done this action in order to assist her own husband; but let her be impeached and suffer the punishment due to her excessive audacity, so that if she should ever be inclined to commit the same offence again she may not have an opportunity of doing so; and other women, also, who might be inclined to be precipitate, may be taught by fear to be moderate and to restrain themselves. And let the punishment be the cutting off of the hand which has touched what it ought not to have touched. 3.176. And it is fitting to praise those who have been the judges and managers of the gymnastic games, who have kept women from the spectacle, in order that they might not be thrown among naked men and so mar the approved coinage of their modesty, neglecting the ordices of nature, which she has appointed for each section of our race; for neither is it right for men to mix with women when they have laid aside their garments, but each of the sexes ought to avoid the sight of the other when they are naked, in accordance with the promptings of nature. 3.177. Well, then, of those things of which we are to abstain from the sight, are not the hands much more to be blamed for the touch? For the eyes, being wholly at freedom, are nevertheless often constrained so as to see things which they do not wish to see; but the hands are ranked among those parts which are completely under subjection, and obey our commands, and are subservient to us.XXXII. 3.178. And this is the cause which is often mentioned by many people. But I have heard another also, alleged by persons of high character, who look upon the greater part of the injunctions contained in the law as plain symbols of obscure meanings, and expressed intimations of what may not be expressed. And this other reason alleged is as follows. There are two kinds of soul, much as there are two sexes among human relations; the one a masculine soul, belonging to men; the other a female soul, as found in women. The masculine soul is that which devotes itself to God alone, as the Father and Creator of the universe and the cause of all things that exist; but the female soul is that which depends upon all the things which are created, and as such are liable to destruction, and which puts forth, as it were, the hand of its power in order that in a blind sort of way it may lay hold of whatever comes across it, clinging to a generation which admits of an innumerable quantity of changes and variations, when it ought rather to cleave to the unchangeable, blessed, and thrice happy divine nature. 3.179. Very naturally, therefore, the law Commands{17}{#de 25:12.} that the executioner should cut off the hand of the woman which has laid hold of what it should not, speaking figuratively, and intimating not that the body shall be mutilated, being deprived of its most important part, but rather that it is proper to extirpate all the ungodly reasonings of the soul, using all things which are created as a stepping-stone; for the things which the woman is forbidden to take hold of are the symbols of procreation and generation. 3.184. Again. "If," says the law, "any one strike out the eye of a servant or of a handmaiden, he shall let them depart Free."{18}{#ex 21:26.} Because, as nature has assigned the chief position in the body to the head, having bestowed upon it a situation the most suitable to that pre-eminence, as it might give a citadel to a king (for having sent it forth to govern the body it has established it on a height, putting the whole composition of the body from the neck to the feet under it, as a pedestal might be placed under a statue 3.189. But as the mind was unable by itself to comprehend all these things from merely beholding them by the faculty of sight, it did not stop merely at what was seen by it, but being devoted to learning, and fond of what is honourable and excellent, as it admired what it did see, it adopted this probable opinion, that these things are not moved spontaneously and at random by any irrational impulse of their own, but that they are set in motion and guided by the will of God, whom it is proper to look upon as the Father and Creator of the world. Moreover, that these things are not unrestrained by any bounds, but that they are limited by the circumference of one world, as they might be by the walls of a city, the world itself being circumscribed within the outermost sphere of the fixed stars. Moreover it considered also that the Father who created the world does by the law of nature take care of that which he has created, exerting his providence in behalf of the whole universe and of its parts. 3.195. If therefore any one has ever plotted against this most excellent and most domit of all the outward senses, namely sight, so as ever to have struck out the eye of a free man, let him suffer the same infliction himself, but not so if he have only struck out the eye of a slave; not because he is entitled to pardon, or because the injury which he has done is less, but because the man who has been injured will have a still worse master if he has been mutilated in retaliation, since he will for ever bear a grudge against him for the calamity which has fallen upon him, and will revenge himself on him every day as an irreconcileable enemy by harsh commands beyond his power to perform, by which the slave will be so oppressed that he will be ready to die. 3.199. on which account the Creator and Father of the universe, who is not accustomed to make anything which is not appointed for some particular use, did not do with the teeth as he did with every other part of the body, and make them at once, at the first creation of the man, considering that as while an infant he was only intended to be fed upon milk they would be a superfluous burden in his way, and would be a severe injury to the breasts, filled as they are at that time with springs of milk, from which moist food is derived, as they would in that case be bitten by the child while sucking the milk. 3.207. for the soul of a man is a valuable thing, and when that has quitted its habitation, and passed to another place, everything that is left behind by it is polluted as being deprived of the divine image, since the human mind is made as a copy of the mind of God, having been created after the archetypal model, the most sublime reasoning. 3.208. And the law says, "Let everything which a man that is unclean has touched be also unclean as being polluted by a participation in that which is unclean." And this sacred injunction appears to have a wide operation, not being limited to the body alone, but proceeding as it would seem also to investigate the dispositions of the soul 3.209. for the unjust and impious man is peculiarly unclean, being one who has no respect for either human or divine things, but who throws everything into disorder and confusion by the immoderate vehemence of his passions, and by the extravagance of his wickedness, so that everything which he touches becomes faulty, having its nature changed by the wickedness of him who has taken them in hand. For in like manner the actions of the good are, on the contrary, all praiseworthy, being made better by the energies of those who apply themselves to them, since in some degree what is done resembles in its character the person who does it.Go to the Tables of Contents of The Works of PhiloPlease buy the CD to support the site, view it without ads, and get bonus stuff!Early Christian Writings is copyright © 2001-2020 Peter Kirby E-Mail. |
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12. Babylonian Talmud, Berachot, None (3rd cent. CE - 6th cent. CE)
| 22a. משמשת וראתה נדה אינה צריכה טבילה אבל בעל קרי גרידא מחייב לא תימא מברך אלא מהרהר,ומי אית ליה לרבי יהודה הרהור והתניא בעל קרי שאין לו מים לטבול קורא קריאת שמע ואינו מברך לא לפניה ולא לאחריה ואוכל פתו ומברך לאחריה ואינו מברך לפניה אבל מהרהר בלבו ואינו מוציא בשפתיו דברי רבי מאיר רבי יהודה אומר בין כך ובין כך מוציא בשפתיו,אמר רב נחמן בר יצחק עשאן ר' יהודה כהלכות דרך ארץ,דתניא (דברים ד, ט) והודעתם לבניך ולבני בניך וכתיב בתריה יום אשר עמדת לפני ה' אלהיך בחורב מה להלן באימה וביראה וברתת ובזיע אף כאן באימה וביראה וברתת ובזיע,מכאן אמרו הזבים והמצורעים ובאין על נדות מותרים לקרות בתורה ובנביאים ובכתובים לשנות במשנה וגמרא ובהלכות ובאגדות אבל בעלי קריין אסורים,רבי יוסי אומר שונה הוא ברגיליות ובלבד שלא יציע את המשנה רבי יונתן בן יוסף אומר מציע הוא את המשנה ואינו מציע את הגמרא רבי נתן בן אבישלום אומר אף מציע את הגמרא ובלבד שלא יאמר אזכרות שבו רבי יוחנן הסנדלר תלמידו של רבי עקיבא משום ר"ע אומר לא יכנס למדרש כל עיקר ואמרי לה לא יכנס לבית המדרש כל עיקר ר' יהודה אומר שונה הוא בהלכות דרך ארץ,מעשה ברבי יהודה שראה קרי והיה מהלך על גב הנהר אמרו לו תלמידיו רבינו שנה לנו פרק אחד בהלכות דרך ארץ ירד וטבל ושנה להם אמרו לו לא כך למדתנו רבינו שונה הוא בהלכות דרך ארץ אמר להם אע"פ שמיקל אני על אחרים מחמיר אני על עצמי:,תניא ר' יהודה בן בתירא היה אומר אין דברי תורה מקבלין טומאה מעשה בתלמיד אחד שהיה מגמגם למעלה מרבי יהודה בן בתירא אמר ליה בני פתח פיך ויאירו דבריך שאין דברי תורה מקבלין טומאה שנאמר (ירמיהו כג, כט) הלא כה דברי כאש נאם ה' מה אש אינו מקבל טומאה אף דברי תורה אינן מקבלין טומאה,אמר מר מציע את המשנה ואינו מציע את הגמרא מסייע ליה לרבי אלעאי דאמר רבי אלעאי אמר ר' אחא בר יעקב משום רבינו הלכה מציע את המשנה ואינו מציע את הגמרא כתנאי מציע את המשנה ואינו מציע את הגמרא דברי רבי מאיר רבי יהודה בן גמליאל אומר משום רבי חנינא בן גמליאל זה וזה אסור ואמרי לה זה וזה מותר,מ"ד זה וזה אסור כרבי יוחנן הסנדלר מ"ד זה וזה מותר כרבי יהודה בן בתירא,אמר רב נחמן בר יצחק נהוג עלמא כהני תלת סבי כרבי אלעאי בראשית הגז כרבי יאשיה בכלאים כרבי יהודה בן בתירא בד"ת,כרבי אלעאי בראשית הגז דתניא רבי אלעאי אומר ראשית הגז אינו נוהג אלא בארץ,כרבי יאשיה בכלאים כדכתיב (דברים כב, ט) (כרמך) לא תזרע [כרמך] כלאים רבי יאשיה אומר לעולם אינו חייב עד שיזרע חטה ושעורה וחרצן במפולת יד,כרבי יהודה בן בתירא בדברי תורה דתניא רבי יהודה בן בתירא אומר אין דברי תורה מקבלין טומאה,כי אתא זעירי אמר בטלוה לטבילותא ואמרי לה בטלוה לנטילותא מאן דאמר בטלוה לטבילותא כרבי יהודה בן בתירא מאן דאמר בטלוה לנטילותא כי הא דרב חסדא לייט אמאן דמהדר אמיא בעידן צלותא:,תנו רבנן בעל קרי שנתנו עליו תשעה קבין מים טהור נחום איש גם זו לחשה לרבי עקיבא ורבי עקיבא לחשה לבן עזאי ובן עזאי יצא ושנאה לתלמידיו בשוק פליגי בה תרי אמוראי במערבא רבי יוסי בר אבין ורבי יוסי בר זבידא חד תני שנאה וחד תני לחשה,מאן דתני שנאה משום בטול תורה ומשום בטול פריה ורביה ומאן דתני לחשה שלא יהו תלמידי חכמים מצויים אצל נשותיהם כתרנגולים,אמר רבי ינאי שמעתי שמקילין בה ושמעתי שמחמירין בה וכל המחמיר בה על עצמו מאריכין לו ימיו ושנותיו,אמר ריב"ל מה טיבן של טובלי שחרין מה טיבן הא איהו דאמר בעל קרי אסור בדברי תורה הכי קאמר מה טיבן בארבעים סאה אפשר בתשעה קבין מה טיבן בטבילה אפשר בנתינה,אמר רבי חנינא גדר גדול גדרו בה דתניא מעשה באחד שתבע אשה לדבר עבירה אמרה לו ריקא יש לך ארבעים סאה שאתה טובל בהן מיד פירש,אמר להו רב הונא לרבנן רבותי מפני מה אתם מזלזלין בטבילה זו אי משום צינה אפשר במרחצאות,אמר ליה רב חסדא וכי יש טבילה בחמין אמר ליה רב אדא בר אהבה קאי כוותך,רבי זירא הוה יתיב באגנא דמיא בי מסותא אמר ליה לשמעיה זיל ואייתי לי תשעה קבין ושדי עלואי אמר ליה רבי חייא בר אבא למה ליה למר כולי האי והא יתיב בגווייהו אמר ליה כארבעים סאה מה ארבעים סאה בטבילה ולא בנתינה אף תשעה קבין בנתינה ולא בטבילה,רב נחמן תקן חצבא בת תשעה קבין כי אתא רב דימי אמר רבי עקיבא ורבי יהודה גלוסטרא אמרו לא שנו אלא לחולה לאונסו אבל לחולה המרגיל ארבעים סאה,אמר רב יוסף אתבר חצביה דרב נחמן כי אתא רבין אמר באושא הוה עובדא | 22a. that ba woman who engaged in intercourse and saw menstrualblood bis not required to immerse herself, but one who experienced a seminal emission alone,with no concurrent impurity, bis required to do so?If so, we must interpret Rabbi Yehuda’s statement in the mishna that one recites a blessing both beforehand and thereafter as follows: bDo not saythat one brecites a blessingorally, but rather he means that bone contemplatesthose blessings in his heart.,The Gemara challenges this explanation: bAnd does Rabbi Yehuda maintain thatthere is validity to bcontemplatingin his heart? bWasn’t it taughtin a ibaraita /i: bOne who experienced a seminal emission and who has no water to immerseand purify himself brecites iShemaand neither recites the blessingsof iShema bbeforehand nor thereafter? Andwhen bhe eats his bread, he recites the blessing thereafter,Grace after Meals, bbut does not recite the blessing:Who brings forth bread from the earth, bbeforehand. However,in the instances where he may not recite the blessing, bhe contemplatesit bin his heart rather than utterit bwith his lips,this is bthe statement of Rabbi Meir.However bRabbi Yehuda says: In either case, he uttersall of the blessings bwith his lips.Rabbi Yehuda does not consider contemplating the blessings in his heart a solution and permits them to be recited., bRav Naḥman bar Yitzḥak said:Rabbi Yehuda’s statement in the mishna should be interpreted in another way. bRabbi Yehuda renderedthe blessings blike iHilkhot Derekh Eretz /i,which according to some Sages were not considered to be in the same category as all other matters of Torah and therefore, one is permitted to engage in their study even after having experienced a seminal emission., bAs it was taughtin a ibaraita /i: It is written: b“And you shall impart them to your children and your children’s children”(Deuteronomy 4:9), band it is written thereafter: “The day that you stood before the Lord your God at Horeb”(Deuteronomy 4:10). bJust as below,the Revelation at Sinai was bin reverence, fear, quaking, and trembling, so too here,in every generation, Torah must be studied with a sense of breverence, fear, quaking, and trembling. /b, bFrom herethe Sages bstated: iZavim /i, lepers, and those who engaged in intercourse with menstruating women,despite their severe impurity, bare permitted to read the Torah, Prophets, and Writings, and to study Mishna and Gemara and ihalakhotand iaggada /i. However, those who experienced a seminal emission are prohibitedfrom doing so. The reason for this distinction is that the cases of severe impurity are caused by ailment or other circumstances beyond his control and, as a result, they do not necessarily preclude a sense of reverence and awe as he studies Torah. This, however, is not the case with regard to impurity resulting from a seminal emission, which usually comes about due to frivolity and a lack of reverence and awe. Therefore, it is inappropriate for one who experiences a seminal emission to engage in matters of in Torah.,However, there are many opinions concerning the precise parameters of the Torah matters prohibited by this decree. bRabbi Yosei says:One who experiences a seminal emission bstudies imishnayotthat he is baccustomedto study, bas long as he does not expound upon anew bmishnato study it in depth. bRabbi Yonatan ben Yosef says: He expounds upon the mishna but he does not expound upon the Gemara,which is the in-depth analysis of the Torah. bRabbi Natan ben Avishalom says: He may even expound upon the Gemara, as long as he does not utterthe bmentionsof God’s name btherein. Rabbi Yoḥa the Cobbler, Rabbi Akiva’s student, says in the name of Rabbi Akiva:One who experiences a seminal emission bmay not enter into homiletic interpretation [ imidrash /i]of verses bat all. Some saythat he says: bHe may not enter the study hall [ ibeit hamidrash /i] at all. Rabbi Yehuda says: He may studyonly iHilkhot Derekh Eretz /i.In terms of the problem raised above, apparently Rabbi Yehuda considers the legal status of the blessings to be parallel to the legal status of iHilkhot Derekh Eretz /i, and therefore one may utter them orally.,The Gemara relates ban incident involving Rabbi Yehudahimself, who bexperienced a seminal emission and was walking along the riverbankwith his disciples. bHis disciples said to him: Rabbi, teach us a chapter from iHilkhot Derekh Eretz /i,as he maintained that even in a state of impurity, it is permitted. bHe descended and immersed himselfin the river band taught them iHilkhot Derekh Eretz /i. bThey said to him: Did you not teach us, our teacher, that he may study iHilkhot Derekh Eretz /i? He said to them: Although I am lenient with others,and allow them to study it without immersion, bI am stringent with myself. /b,Further elaborating on the issue of Torah study while in a state of impurity, bit was taughtin a ibaraitathat bRabbi Yehuda ben Beteira would say: Matters of Torah do not become ritually impureand therefore one who is impure is permitted to engage in Torah study. He implemented this ihalakhain practice. The Gemara relates ban incident involving a student who wasreciting imishnayotand ibaraitot bhesitantly beforethe study hall of bRabbi Yehuda ben Beteira.The student experienced a seminal emission, and when he was asked to recite he did so in a rushed, uneven manner, as he did not want to utter the words of Torah explicitly. Rabbi Yehuda bsaid to him: My son, open your mouth and let your words illuminate, as matters of Torah do not become ritually impure, as it is stated: “Is not my word like fire, says the Lord”(Jeremiah 23:29). bJust as fire does not become ritually impure, so too matters of Torah do not become ritually impure. /b,In this ibaraita bthe Master saidthat one who is impure because of a seminal emission bexpounds upon the mishna but does not expound upon the Gemara.The Gemara notes: This statement bsupportsthe opinion of bRabbi El’ai,as bRabbi El’ai saidthat bRabbi Aḥa bar Ya’akov said in the name of Rabbeinu,Rav b: The ihalakhais that one who experienced a seminal emission bmay expound upon the mishna but may not expound upon the Gemara.This dispute bis parallel a tannaiticdispute, as it was taught: One who experienced a seminal emission bexpounds upon the mishna but does not expound upon the Gemara;that is bthe statement of Rabbi Meir. Rabbi Yehuda ben Gamliel says in the name of Rabbi Ḥanina ben Gamliel:Both bthis and that are prohibited. And some saythat he said: Both bthis and that are permitted. /b,Comparing these opinions: bThe one who saidthat both bthis and that are prohibitedholds bin accordance withthe opinion of bRabbi Yoḥa the Cobbler; the one who saidthat both bthis and that are permittedholds bin accordance withthe opinion of bRabbi Yehuda ben Beteira. /b,Summarizing the ihalakha /i, bRav Naḥman bar Yitzḥak said: The universallyaccepted bpractice is in accordance withthe opinions of bthese three elders: In accordance withthe opinion of bRabbi El’ai with regard tothe ihalakhotof bthe first shearing, in accordance withthe opinion of bRabbi Yoshiya with regard tothe laws of prohibited bdiverse kinds,and bin accordance withthe opinion of bRabbi Yehuda ben Beteira with regard to matters of Torah. /b,The Gemara elaborates: bIn accordance withthe opinion of bRabbi El’ai with regard to the first shearing, as it was taughtin a ibaraitathat bRabbi El’ai says:The obligation to set aside bthe first shearingfrom the sheep for the priest bis only practiced in EretzYisrael and not in the Diaspora, and that is the accepted practice., bIn accordance withthe opinion of bRabbi Yoshiya with regard to diverse kinds, as it is written: “You shall not sow your vineyard with diverse kinds”(Deuteronomy 22:9). bRabbi Yoshiya says:This means that bonewho sows diverse kinds bis not liableby Torah law buntil he sows wheat and barley and agrape bpit with a single hand motion,meaning that while sowing in the vineyard he violates the prohibition of diverse kinds that applies to seeds and to the vineyard simultaneously., bIn accordance with Rabbi Yehuda ben Beteira with regard toone who experiences a seminal emission is permitted to engage in bmatters of Torah, as it was taughtin a ibaraitathat bRabbi Yehuda ben Beteira says: Matters of Torah do not become ritually impure. /b,And the Gemara relates: bWhen Ze’iri camefrom Eretz Yisrael to Babylonia, bhesuccinctly capsulated this ihalakhaand bsaid: They abolished ritual immersion, and some say thathe said: bThey abolished ritual washing of the hands.The Gemara explains: bThe one who saysthat bthey abolished immersionholds in accordance with the opinion of bRabbi Yehuda ben Beteirathat one who experienced a seminal emission is not required to immerse. bAnd the one who saysthat bthey abolished washing of the handsholds bin accordance with that which Rav Ḥisda cursed one whogoes out of his way bto seek water at the time of prayer. /b, bThe Sages taughtin a ibaraita /i: bOne who experienced a seminal emission who had nine ikavofdrawn bwater poured over him,that is sufficient to render him britually pureand he need not immerse himself in a ritual bath. The Gemara relates: bNaḥum of Gam Zo whisperedthis ihalakhato bRabbi Akiva, and Rabbi Akiva whispered it tohis student bben Azzai, and ben Azzai went out and taught it to his studentspublicly bin the marketplace. Two iamora’imin Eretz Yisrael, Rabbi Yosei bar Avin and Rabbi Yosei bar Zevida, disagreedas to the correct version of the conclusion of the incident. bOne taught:Ben Azzai btaught itto his students in the market. bAnd the other taught: Ben Azzaialso bwhispered itto his students.,The Gemara explains the rationale behind the two versions of this incident. bTheSage bwho taughtthat ben Azzai btaughtthe law openly in the market held that the leniency was bdue toconcern that the ihalakhotrequiring ritual immersion would promote bderelictionin the study bof Torah.The ruling of Rabbi Yehuda ben Beteira eases the way for an individual who experienced a seminal emission to study Torah. This was balso due toconcern that the ihalakhotrequiring ritual immersion would promote bthe suspension of procreation,as one might abstain from marital relations to avoid the immersion required thereafter. bAnd theSage, bwho taughtthat ben Azzai only bwhisperedthis ihalakhato his students, held that he did so bin order that Torah scholars would not be with their wives like roosters.If the purification process was that simple, Torah scholars would engage in sexual activity constantly, which would distract them from their studies.,With regard to this ritual immersion, bRabbi Yannai said: I heard that there are those who are lenient with regard to it and I have heard that there are those who are stringent with regard to it.The ihalakhain this matter was never conclusively established band anyone whoaccepts bupon himself to be stringent with regard to it, they prolong for him his days and years. /b,The Gemara relates that bRabbi Yehoshua ben Levi said: What is the essence of those who immerse themselves in the morning?The Gemara retorts: How can one ask bwhat is their essence? Isn’t hethe one bwho saidthat bone who experiences a seminal emission is prohibited fromengaging in bmatters of Torahand is required to immerse himself in the morning? Rather, bthis iswhat bhemeant to bsay: What is the essence ofimmersion in a ritual bath of bforty ise’a /iof water when bit is possibleto purify oneself bwith nine ikav /i?Furthermore, bwhat is the essence of immersionwhen bit isalso bpossibleto purify oneself by bpouringwater?,Regarding this, bRabbi Ḥanina said: They established a massive fenceprotecting one from sinning with their decree that one must immerse himself in forty ise’aof water. bAs it was taughtin a ibaraita /i: There was ban incident involving one who solicited a woman tocommit ba sinful act. She said to him: Good-for-nothing. Do you have forty ise’ain which to immerseand purify byourselfafterwards? He bimmediately desisted.The obligation to immerse oneself caused individuals to refrain from transgression., bRav Huna said to the Sages: Gentlemen, why do you disdain this immersion? If it is becauseit is difficult for you to immerse in the bcoldwaters of the ritual bath, bit is possibleto purify oneself by immersing oneself in the heated bbathhouses,which are unfit for immersion for other forms of ritual impurity but are fit for immersion in this case., bRabbi Ḥisda said to him: Is there ritual immersion in hot water?Rav Huna bsaid to him:Indeed, doubts with regard to the fitness of baths have been raised, and bRav Adda bar Ahava holds in accordance with youropinion. Nevertheless, I remain convinced that it is permitted.,The Gemara relates: bRabbi Zeira was sitting in a tub of water in the bathhouse. He said to his attendant: Go and get nine ikav /iof water band pourit bover meso that I may purify myself from the impurity caused by a seminal emission. bRabbi Ḥiyya bar Abba said to him: Why does my masterrequire ball of this? Aren’t you seated inat least nine ikavof water in the tub. bHe said to him:The law of nine ikav bparallelsthe law of bforty ise’a /i,in that their ihalakhotare exclusive. bJust as forty ise’a /ican only purify an individual through bimmersion and not through pouring, so too nine ikav /ican only purify one who experienced a seminal emission bthrough pouring and not through immersion. /b,The Gemara relates that bRav Naḥman prepared a jugwith a capacity bof nine ikav /iso that his students could pour water over themselves and become pure. bWhen Rav Dimi camefrom Eretz Yisrael to Babylonia, bhe said: Rabbi Akiva and Rabbi Yehuda Gelostera said:The ihalakhathat one who experienced a seminal emission can be purified by pouring nine ikav bwas only taught for a sick personwho experienced the emission binvoluntarily. However, a sick personwho experienced a bnormalseminal emission in the course of marital relations, is required to immerse himself in bforty ise’a /i. /b, bRav Yosef said:In that case, bRav Naḥman’s jug is broken,meaning it is no longer of any use, as few people fall into the category of sick people who experienced seminal emissions. Nevertheless, bwhen Ravin camefrom Eretz Yisrael to Babylonia bhe said: In Usha there was an incident /b |
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