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49 results for "law"
1. Hebrew Bible, Deuteronomy, 32.21 (9th cent. BCE - 3rd cent. BCE)  Tagged with subjects: •sasanian empire, courts of law, bribery, motif of, in the babylonian talmud Found in books: Mokhtarian, Rabbis, Sorcerers, Kings, and Priests: The Culture of the Talmud in Ancient Iran (2021) 122
32.21. הֵם קִנְאוּנִי בְלֹא־אֵל כִּעֲסוּנִי בְּהַבְלֵיהֶם וַאֲנִי אַקְנִיאֵם בְּלֹא־עָם בְּגוֹי נָבָל אַכְעִיסֵם׃ 32.21. They have roused Me to jealousy with a no-god; They have provoked Me with their vanities; And I will rouse them to jealousy with a no-people; I will provoke them with a vile nation.
2. Hebrew Bible, Leviticus, 18.6, 27.27 (9th cent. BCE - 3rd cent. BCE)  Tagged with subjects: •law, sasanian •law, fourth, sasanian Found in books: Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 32; Nikolsky and Ilan, Rabbinic Traditions Between Palestine and Babylonia (2014) 259
18.6. אִישׁ אִישׁ אֶל־כָּל־שְׁאֵר בְּשָׂרוֹ לֹא תִקְרְבוּ לְגַלּוֹת עֶרְוָה אֲנִי יְהוָה׃ 27.27. וְאִם בַּבְּהֵמָה הַטְּמֵאָה וּפָדָה בְעֶרְכֶּךָ וְיָסַף חֲמִשִׁתוֹ עָלָיו וְאִם־לֹא יִגָּאֵל וְנִמְכַּר בְּעֶרְכֶּךָ׃ 18.6. None of you shall approach to any that is near of kin to him, to uncover their nakedness. I am the LORD. 27.27. And if it be of an unclean beast, then he shall ransom it according to thy valuation, and shall add unto it the fifth part thereof; or if it be not redeemed, then it shall be sold according to thy valuation.
3. Hebrew Bible, Psalms, 108a, 28b, 30b, 71a, 71b, 24a (9th cent. BCE - 3rd cent. BCE)  Tagged with subjects: •nan Found in books: Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 50
4. Hebrew Bible, 1 Samuel, 12.15 (8th cent. BCE - 5th cent. BCE)  Tagged with subjects: •sasanian empire, courts of law, bribery, motif of, in the babylonian talmud Found in books: Mokhtarian, Rabbis, Sorcerers, Kings, and Priests: The Culture of the Talmud in Ancient Iran (2021) 122
12.15. וְאִם־לֹא תִשְׁמְעוּ בְּקוֹל יְהוָה וּמְרִיתֶם אֶת־פִּי יְהוָה וְהָיְתָה יַד־יְהוָה בָּכֶם וּבַאֲבֹתֵיכֶם׃ 12.15. but if you will not obey the voice of the Lord, but rebel against the commandment of the Lord, then shall the hand of the Lord be against you, as it was against your fathers.
5. Hebrew Bible, Isaiah, 14.5, 59.3 (8th cent. BCE - 5th cent. BCE)  Tagged with subjects: •sasanian empire, courts of law Found in books: Mokhtarian, Rabbis, Sorcerers, Kings, and Priests: The Culture of the Talmud in Ancient Iran (2021) 120
14.5. שָׁבַר יְהוָה מַטֵּה רְשָׁעִים שֵׁבֶט מֹשְׁלִים׃ 59.3. כִּי כַפֵּיכֶם נְגֹאֲלוּ בַדָּם וְאֶצְבְּעוֹתֵיכֶם בֶּעָוֺן שִׂפְתוֹתֵיכֶם דִּבְּרוּ־שֶׁקֶר לְשׁוֹנְכֶם עַוְלָה תֶהְגֶּה׃ 14.5. The LORD hath broken the staff of the wicked, the sceptre of the rulers, 59.3. For your hands are defiled with blood, And your fingers with iniquity; Your lips have spoken lies, Your tongue muttereth wickedness.
6. Hebrew Bible, Ezekiel, 23.20 (6th cent. BCE - 5th cent. BCE)  Tagged with subjects: •sasanian empire, courts of law, bribery, motif of, in the babylonian talmud Found in books: Mokhtarian, Rabbis, Sorcerers, Kings, and Priests: The Culture of the Talmud in Ancient Iran (2021) 116
23.20. And she doted upon concubinage with them, whose flesh is as the flesh of asses, and whose issue is like the issue of horses.
7. Tosefta, Avodah Zarah, 8.4 (1st cent. CE - 2nd cent. CE)  Tagged with subjects: •law, sasanian Found in books: Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 32
8.4. השוכר את הפועל לעשות חצי היום באיסור וחצי היום בהיתר ונתן כולן בכרך אחד כולן אסורות אלו בפני עצמן ואלו בפני עצמן ראשונות אסורות ושניות מותרות. השוכר את הפועל לעשות עמו מלאכה ולעתותי ערב אמר לו הולך לי את הלגין הזה במקום פלוני אע\"פ שאין ישראל רשאי לעשות כן שכרו מותר. השוכר את החמור לרכוב עליה ואמר לו תנה לי את הלגין הזה עליה אע\"פ שאין ישראל רשאי לעשות כן שכרו מותר. אומר אדם לחברו ולפועלו צאו ואכלו בדינר זה צאו ושתו בדינר זה ואינו חושש משם מעשרות ומשם שביעית ומשם יין נסך אבל אם אמר לו צא ואכול ככר ואני נותן דמיה צא ושתה רביעית ואני נותן את דמיה הרי זה חושש משום מעשרות ומשום שביעית ומשום יין נסך הנותן צמר לצבע עובד כוכבים לצבוע לו אינו חושש שמא צבעו בחומץ של יין נסך אם באו לבית חשבון אסור.
8. Mishnah, Bava Batra, 10.14 (1st cent. CE - 3rd cent. CE)  Tagged with subjects: •sasanian, administrators/administration, law Found in books: Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 93, 108
9. Anon., Sifre Deuteronomy, Behar 5 (2nd cent. CE - 4th cent. CE)  Tagged with subjects: •sasanian, administrators/administration, law Found in books: Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 108
10. Palestinian Talmud, Bava Qamma, 6.2(5b), 6.2 (5b) (2nd cent. CE - 5th cent. CE)  Tagged with subjects: •nan Found in books: Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 97
11. Palestinian Talmud, Kiddushin, 58b1.1, -c (2nd cent. CE - 5th cent. CE)  Tagged with subjects: •nan Found in books: nan nan
12. Palestinian Talmud, Qiddushin, 58b1.1, -c (2nd cent. CE - 5th cent. CE)  Tagged with subjects: •nan Found in books: nan nan
13. Anon., Sifra, ahrei mot 13.1, qedoshim 10.2, behar 5 (2nd cent. CE - 4th cent. CE)  Tagged with subjects: •nan Found in books: Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 32
14. Babylonian Talmud, Sanhedrin, 106b, 25b, 39a, 46b, 88a, 57b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 32
57b. נהרג עליו,אשכח ר' יעקב בר אחא דהוה כתיב בספר אגדתא דבי רב בן נח נהרג בדיין א' ובעד אחד שלא בהתראה מפי איש ולא מפי אשה ואפילו קרוב משום רבי ישמעאל אמרו אף על העוברין,מנהני מילי אמר רב יהודה דאמר קרא (בראשית ט, ה) אך את דמכם לנפשותיכם אדרוש אפילו בדיין אחד,(בראשית ט, ה) מיד כל חיה אפילו שלא בהתראה (בראשית ט, ה) אדרשנו ומיד האדם אפילו בעד אחד (בראשית ט, ה) מיד איש ולא מיד אשה אחיו אפילו קרוב,משום רבי ישמעאל אמרו אף על העוברין מאי טעמיה דרבי ישמעאל דכתיב (בראשית ט, ו) שופך דם האדם באדם דמו ישפך איזהו אדם שהוא באדם הוי אומר זה עובר שבמעי אמו,ותנא קמא תנא דבי מנשה הוא דאמר כל מיתה האמורה לבני נח אינו אלא חנק ושדי ליה האי באדם אסיפיה דקרא ודרוש ביה הכי באדם דמו ישפך איזהו שפיכות דמים של אדם שהוא בגופו של אדם הוי אומר זה חנק,מתיב רב המנונא ואשה לא מפקדה והכתיב (בראשית יח, יט) כי ידעתיו למען אשר יצוה וגו',הוא מותיב לה והוא מפרק לה בניו לדין ביתו לצדקה,אמר ליה רב אויא סבא לרב פפא אימא בת נח שהרגה לא תיהרג מיד איש ולא מיד אשה כתיב אמר ליה הכי אמר רב יהודה שופך דם האדם מכל מקום,אימא בת נח שזינתה לא תיהרג דכתיב (בראשית ב, כד) על כן יעזב איש ולא אשה א"ל הכי אמר רב יהודה (בראשית ב, כד) והיו לבשר אחד הדר ערבינהו קרא,ת"ר איש מה תלמוד לומר (ויקרא יח, ו) איש איש לרבות את הכותים שמוזהרין על העריות כישראל,והא מהכא נפקא מהתם נפקא לאמר זה גילוי עריות,התם בעריות דידהו והכא בעריות דידן דקתני סיפא בא על עריות ישראל נידון בדיני ישראל,למאי הלכתא אמר רב נחמן אמר רבה בר אבוה לא נצרכה אלא לעדה ועדים והתראה,מגרע גרע,אלא א"ר יוחנן לא נצרכה אלא לנערה המאורסה דלדידהו לית להו דדיינינן להו בדינא דידן,אבל אשת איש בדינא דידהו דיינינן להו והתניא בא על נערה המאורסה נידון בסקילה על אשת איש נידון בחנק ואי בדינא דידהו סייף הוא,אמר רב נחמן בר יצחק מאי אשת איש דקתני כגון שנכנסה לחופה ולא נבעלה דלדידהו לית להו דיינינן להו בדינא דידן,דתני ר' חנינא בעולת בעל יש להן נכנסה לחופה ולא נבעלה אין להן,תניא כוותיה דר' יוחנן כל ערוה שב"ד של ישראל ממיתין עליה בן נח מוזהר עליה אין ב"ד של ישראל ממיתין עליה אין בן נח מוזהר עליה דברי רבי מאיר וחכמים אומרים הרבה עריות יש שאין בית דין של ישראל ממיתין עליהן ובן נח מוזהר עליהן,בא על עריות ישראל נידון בדיני ישראל בא על עריות בן נח נידון בדיני בן נח ואנו אין לנו אלא נערה המאורסה בלבד,ונחשוב נמי נכנסה לחופה ולא נבעלה האי תנא תנא דבי מנשה הוא דאמר כל מיתה האמורה לבני נח אינו אלא חנק אידי ואידי חנק הוא,וסבר רבי מאיר כל ערוה שבית דין של ישראל ממיתין עליה בן נח מוזהר עליה והא תניא גר 57b. he is executed for killing him even though he acted in self-defense, and a descendant of Noah is also killed for this.,§ Rabbi Ya’akov bar Aḥa found that it was written in a book of Aggadot in the study hall of Rav: Contrary to the halakha with regard to a Jew, a descendant of Noah is executed on the basis of the verdict of even one judge, and by the testimony of even one witness, and without being given forewarning before committing the transgression. He can be judged or testified against only by the mouth of a man and not by the mouth of a woman; but even a relative may judge his case or testify against him. The Sages said in the name of Rabbi Yishmael that a descendant of Noah is executed even for killing fetuses.,The Gemara asks: From where are these matters derived? Rav Yehuda says: They are derived from that which the verse states: “And your blood of your lives I will require; at the hand of every animal I will require it; and at the hand of man, even at the hand of every man’s brother, I will require the life of man” (Genesis 9:5). It is derived from the term “I will require,” which is stated in the singular, that a descendant of Noah is executed on the basis of the verdict of even one judge.,It is derived from the phrase “at the hand of every animal” that one is executed even without forewarning, as an animal certainly cannot forewarn someone. It is derived from the phrase “I will require it; and at the hand of man,” with “I” stated in the singular, that the sentence is issued on the basis of the testimony of even one witness. It is derived from the phrase “at the hand of every man,” that the judgment and testimony must be at the hand of a man, but not at the hand of a woman. It is derived from the term “his brother” that the testimony of the witness is accepted even if he is a relative of the defendant.,It is stated in that book of Aggadot that the Sages said in the name of Rabbi Yishmael: A descendant of Noah is executed even for killing fetuses. The Gemara asks: What is the reason for the opinion of Rabbi Yishmael? The Gemara answers: It is derived from that which is written: “One who sheds the blood of a person, by a person [ba’adam] his blood shall be shed” (Genesis 9:6). The word ba’adam literally means: In a person, and is interpreted homiletically: What is a person that is in a person? You must say: This is a fetus that is in its mother’s womb. Accordingly, a descendant of Noah is liable for killing a fetus.,The Gemara comments: And the first tanna, who does not derive the halakha concerning fetuses, is the tanna of the school of Menashe, who says that all death penalties stated with regard to the descendants of Noah are referring to nothing other than strangulation. And he interprets this verse as follows: Cast, i.e., redirect, this term: “In a person,” and explain it with regard to the latter part of the verse, and interpret it homiletically like this: “In a person, his blood shall be shed.” In what manner is a person’s blood shed while it is in the person’s body, without external bleeding? You must say that this is strangulation. It is therefore derived that the execution of a descendant of Noah is by strangulation.,Rav Hamnuna raises an objection to the statement in the book of Aggadot that a descendant of Noah can be judged or testified against only by a man and not by a woman: And is a woman who is a descendant of Noah not commanded to establish courts of judgment? But isn’t it written with regard to Abraham, who at that point had the status of a descendant of Noah: “For I have known him, to the end that he may command his sons and his household after him, that they may keep the way of the Lord, to do righteousness and justice” (Genesis 18:19). The word “household” is referring to the women, indicating that they are also commanded to execute justice.,He raises the objection and he resolves it: Abraham commanded his sons to carry out justice, whereas his household, the women in his family, he commanded to give charity; the Hebrew word for righteousness [tzedek] can also mean charity [tzedaka].,Rav Avya the Elder said to Rav Pappa: Why not say that a female descendant of Noah who killed someone should not be executed; as it is written: “At the hand of every man,” and not “at the hand of every woman”? Rav Pappa said to him: This is what Rav Yehuda says: It is derived from the phrase “one who sheds the blood of a person” that one who murders is liable to be executed in any case, whether that person is male or female.,Rav Avya asked further: Why not say that a female descendant of Noah who committed adultery should not be executed, as it is written: “Therefore a man shall leave his father and his mother, and shall cleave to his wife, and they shall be one flesh” (Genesis 2:24); a man, but not a woman? Rav Pappa said to him: This is what Rav Yehuda says: At the end of the verse it states: “And they shall be one flesh.” The verse then combines men and women, indicating that the same halakha applies to both.,§ The Sages taught in a baraita with regard to the verse: “No one [ish ish] shall approach any that is kin to him, to uncover their nakedness” (Leviticus 18:6): The verse could have stated: One [ish] shall not approach. Why must the verse state “no one”? It is to include the gentiles, who are prohibited from engaging in forbidden sexual relations, as Jews are.,The Gemara asks: But is it derived from here? It is derived from there, from the verse that was already interpreted as teaching this halakha: “And the Lord God commanded the man, saying” (Genesis 2:16), this alludes to forbidden sexual relations (see 56b).,The Gemara answers: There, the verse is referring to their women, gentiles, with whom relations are forbidden. And here it is referring to our women, Jews, with whom relations are forbidden. In other words, a gentile who engages in intercourse with a married Jewish woman is liable. As it is taught in the latter clause of the baraita: If a gentile engages in intercourse with those Jewish women with whom relations are forbidden, i.e., a married Jewish woman, he is judged according to the halakhot of the Jews.,The Gemara asks: With regard to what halakha is this gentile judged according to the halakhot of the Jews? Rav Naḥman says that Rabba bar Avuh says: The statement of the baraita is necessary only to teach these halakhot: That he must be judged by a Sanhedrin, and that he is punished only if two witnesses testify concerning him, and only if he was issued a forewarning before his transgression.,The Gemara asks: Should the halakha of a gentile who engaged in intercourse with a forbidden Jewish woman be less stringent than that of a gentile who engaged in intercourse with a forbidden gentile woman, in which case these conditions do not apply?,Rather, Rabbi Yoḥa says: The statement of the baraita is necessary only to teach the halakha in the case of a gentile who engages in intercourse with a betrothed young Jewish woman, which does not apply to gentiles. By halakha, only marriage applies to gentiles, not betrothal. Therefore, we judge them according to our halakha in that case.,The Gemara asks: And with regard to gentiles who engage in intercourse with a married Jewish woman, do we judge them according to their halakha? But isn’t it taught in a baraita: If a gentile engages in intercourse with a betrothed young Jewish woman, he is punished by stoning; if he engages in intercourse with a married Jewish woman he is punished by strangulation? The Gemara explains its question: And if they are judged according to their halakha, he would be executed by the sword.,Rav Naḥman bar Yitzḥak says: What is the meaning of the phrase: A married woman, which the tanna teaches? It is referring to a case where the woman had entered the wedding canopy but had not yet engaged in intercourse with her husband, in which case she is considered married according to the halakhot that apply to Jews but not according to the halakhot that apply to gentiles. Since with regard to gentiles, marriage has not yet taken effect, we judge them according to our halakhot. Therefore, a gentile who engages in intercourse with such a Jewish woman is executed by strangulation.,As Rabbi Ḥanina teaches: Gentiles can have the status of a married woman who has engaged in intercourse with her husband, i.e., such a woman is considered married according to their laws, but they cannot have the status of a married woman who has entered the wedding canopy but has not engaged in intercourse with her husband.,It is taught in a baraita in accordance with the opinion of Rabbi Yoḥa: Any forbidden sexual relations for which a Jewish court administers capital punishment are prohibited to a descendant of Noah, and any forbidden sexual relations for which a Jewish court does not administer capital punishment are not prohibited to a descendant of Noah; this is the statement of Rabbi Meir. And the Rabbis say: There are many types of forbidden sexual relations for which a Jewish court does not administer capital punishment and are nevertheless prohibited to a descendant of Noah.,If a gentile engages in intercourse with those Jews with whom relations are forbidden, he is judged according to the halakhot of the Jews. If he engages in intercourse with those descendants of Noah with whom relations are forbidden, he is judged according to the halakhot of the descendants of Noah. And we have only the case of a betrothed young woman as a case where a gentile is judged according to the halakhot of the Jews, in accordance with the opinion of Rabbi Yoḥa.,The Gemara suggests: And let the tanna also count the case of a woman who had entered the wedding canopy but had not yet engaged in intercourse with her husband. The Gemara explains: This tanna is the tanna of the school of Menashe, who says that all death penalties stated with regard to the descendants of Noah are referring to nothing other than strangulation, and since the punishment in Jewish halakha for engaging in intercourse with a married woman is also strangulation, both this punishment and that punishment are strangulation; there is no difference between the halakha for Jews and the halakha for gentiles in such a case.,With regard to the opinion of Rabbi Meir stated in the first clause of the baraita, the Gemara asks: And does Rabbi Meir hold that any forbidden sexual relations for which a Jewish court administers capital punishment is prohibited to a descendant of Noah? But isn’t it taught in a baraita: With regard to a convert
15. Babylonian Talmud, Yoma, 18b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •law, sasanian, (book of a thousand judgments) Found in books: Fonrobert and Jaffee, The Cambridge Companion to the Talmud and Rabbinic Literature Cambridge Companions to Religion (2007) 171
18b. והשחלים וחלגלוגות והביצים והגרגיר (מלכים ב ד, לט) ויצא אחד אל השדה ללקט אורות תנא משמיה דר' מאיר זה גרגיר אמר ר' יוחנן למה נקרא שמן אורות שמאירות את העינים אמר רב הונא (המוציא) גרגיר אם יכול לאכלו אוכלו ואם לאו מעבירו על גבי עיניו אמר רב פפא בגרגירא מצרנאה,אמר רב גידל אמר רב אכסנאי לא יאכל ביצים ולא יישן בטליתו של בעל הבית רב כי מקלע לדרשיש מכריז מאן הויא ליומא רב נחמן כד מקלע לשכנציב מכריז מאן הויא ליומא,והתניא ר' אליעזר בן יעקב אומר לא ישא אדם אשה במדינה זו וילך וישא אשה במדינה אחרת שמא יזדווגו זה אצל זה ונמצא אח נושא אחותו (ואב נושא בתו) וממלא כל העולם כולו ממזרות ועל זה נאמר (ויקרא יט, כט) ומלאה הארץ זמה אמרי רבנן קלא אית להו,והאמר רבא תבעוה להנשא ונתפייסה צריכה לישב שבעה נקיים רבנן אודועי הוו מודעו להו מקדם הוו מקדמי ומשדרי שלוחא,ואי בעית אימא יחודי הוו מיחדי להו לפי שאינו דומה מי שיש לו פת בסלו למי שאין לו פת בסלו, 18b. cress, purslane, eggs, and arugula. Apropos the arugula plant, the Gemara cites a verse: “And one of them went out into the fields to collect orot (II Kings 4:39). It was taught in the name of Rabbi Meir with regard to orot in this verse: This is the plant called arugula. Rabbi Yoḥa said: Why are these arugula plants called orot? It is because they enlighten [me’irot] the eyes. Rav Huna said: With regard to one who finds arugula, if he can eat it, he eats it, and if not, he passes it over his eyes, as that too is beneficial. Rav Pappa said: Arugula is most effective when it grows on the border of the field, where it is unadulterated by other plants.,Rav Giddel said that Rav said: A guest should neither eat eggs, because they lead to a seminal emission, nor sleep in a garment belonging to the homeowner, his host, because if he experiences a seminal emission and it gets on the garment, he will be diminished in the estimation of his host. Apropos conduct of a guest, the Gemara relates: When Rav would happen to come to Darshish he would declare: Who will be married to me for the day that I am here so that I will not be unwed in this place, after which I will divorce her? Similarly, when Rav Naḥman would come to Shekhantziv he would declare: Who will be married to me for the day that I am here?,But wasn’t it taught in a baraita that Rabbi Eliezer ben Ya’akov says: A man should not marry a woman in one state and go and marry another woman in a different state, lest a match be arranged between the child of this wife with the child of that wife who are unaware of their relationship. This would lead to a brother marrying his sister or a father marrying his daughter, filling the whole world in its entirety with mamzerim. And concerning this it is stated: “And the land became filled with lewdness” (Leviticus 19:29). The Sages say in response: The Sages generate publicity. Since they were well-known, the identity of their children was also undoubtedly known. Therefore, there was no concern that errors of this kind would befall their children.,The Gemara raises a different problem with the practice of Rav and Rav Naḥman. But didn’t Rava say: With regard to one who proposed marriage to a woman and she agreed, she is required to sit seven clean days, as perhaps due to the anticipatory desire she might not notice that she experienced menstrual bleeding and she is therefore impure. How, then, could these amora’im marry a woman on the day that they proposed? The Gemara answers: The Sages would inform them by sending messengers before their arrival. The messenger would announce that the amora sought to marry a local woman. The woman who agreed would in fact wait seven clean days before marrying him.,And if you wish, say instead that these Sages were not actually proposing marriage; rather, they proposed so that they could be in seclusion with the women, without consummating the relationship. Since the women knew that the marriage would not be consummated, they did not experience anticipatory desire. There is no similarity between one who has bread in his basket and one who does not have bread in his basket. One who does not have access to bread experiences hunger more acutely than one for whom bread is available and can eat whenever he chooses. Similarly, an unmarried man experiences a more acute desire. In order to mitigate that desire, these Sages made certain that women would be designated for them.,The Elders of the court who read the order of the service of the day before the High Priest passed him to the Elders of the priesthood, and they took him up to the House of Avtinas. And they administered him an oath and took leave of him and went on their way. When they administered this oath they said to him: My Master, High Priest. We are agents of the court, and you are our agent and the agent of the court. We administer an oath to you in the name of Him who housed His name in this House, that you will not change even one matter from all that we have said to you with regard to the burning of the incense or any other service that you will perform when alone. After this oath, he would leave them and cry, and they would leave him and cry in sorrow that the oath was necessary.,They kept him occupied throughout the night to prevent him from sleeping. If he was a scholar, he would teach Torah. If he was not a scholar, Torah scholars would teach Torah before him. And if he was accustomed to read the Bible, he would read; and if he was not, they would read the Bible before him. And what books would they read before him to pique his interest so that he would not fall asleep? They would read from Job, and from Ezra, and from Chronicles. Zekharya, son of Kevutal, says: Many times I read before him from the book of Daniel.
16. Babylonian Talmud, Yevamot, 63b, 37b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Fonrobert and Jaffee, The Cambridge Companion to the Talmud and Rabbinic Literature Cambridge Companions to Religion (2007) 171
17. Babylonian Talmud, Taanit, 24a, 24b, 25b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 419
25b. אין גזעו מחליף אף צדיק ח"ו אין גזעו מחליף לכך נאמר ארז אילו נאמר ארז ולא נאמר תמר הייתי אומר מה ארז אין עושה פירות אף צדיק ח"ו אין עושה פירות לכך נאמר תמר ונאמר ארז,וארז גזעו מחליף והתניא הלוקח אילן מחבירו לקוץ מגביהו מן הקרקע טפח וקוצץ בסדן השקמה שני טפחים בבתולת השקמה שלשה טפחים בקנים ובגפנים מן הפקק ולמעלה בדקלים ובארזים חופר למטה ומשריש לפי שאין גזעו מחליף,הכא במאי עסקינן בשאר מיני ארזים כדרבה בר הונא דאמר רבה בר הונא עשרה מיני ארזים הן שנאמר (ישעיהו מא, יט) אתן במדבר ארז שיטה והדס וגו',ת"ר מעשה ברבי אליעזר שגזר שלש עשרה תעניות על הצבור ולא ירדו גשמים באחרונה התחילו הצבור לצאת אמר להם תקנתם קברים לעצמכם געו כל העם בבכיה וירדו גשמים,שוב מעשה בר' אליעזר שירד לפני התיבה ואמר עשרים וארבע ברכות ולא נענה ירד רבי עקיבא אחריו ואמר אבינו מלכנו אין לנו מלך אלא אתה אבינו מלכנו למענך רחם עלינו וירדו גשמים הוו מרנני רבנן יצתה בת קול ואמרה לא מפני שזה גדול מזה אלא שזה מעביר על מדותיו וזה אינו מעביר על מדותיו,ת"ר עד מתי יהו הגשמים יורדין והצבור פוסקין מתעניתם כמלא ברך המחרישה דברי רבי מאיר וחכמים אומרים בחרבה טפח בבינונית טפחיים בעבודה שלשה טפחים,תניא רבי שמעון בן אלעזר אומר אין לך טפח מלמעלה שאין תהום יוצא לקראתו שלשה טפחים והא תניא טפחיים לא קשיא כאן בעבודה כאן בשאינה עבודה,א"ר אלעזר כשמנסכין את המים בחג תהום אומר לחבירו אבע מימיך קול שני ריעים אני שומע שנאמר (תהלים מב, ח) תהום אל תהום קורא לקול צנוריך וגו',אמר רבה לדידי חזי לי האי רידיא דמי לעיגלא (תלתא) ופירסא שפוותיה וקיימא בין תהומא תתאה לתהומא עילאה לתהומא עילאה א"ל חשור מימיך לתהומא תתאה א"ל אבע מימיך שנא' (שיר השירים ב, יב) הנצנים נראו בארץ וגו':,היו מתענין וירדו גשמים קודם הנץ החמה כו': ת"ר היו מתענין וירדו להם גשמים קודם הנץ החמה לא ישלימו לאחר הנץ החמה ישלימו דברי ר' מאיר ר' יהודה אומר קודם חצות לא ישלימו לאחר חצות ישלימו,רבי יוסי אומר קודם ט' שעות לא ישלימו לאחר ט' שעות ישלימו שכן מצינו באחאב מלך ישראל שהתענה מתשע שעות ולמעלה שנאמר (מלכים א כא, כט) הראית כי נכנע אחאב וגו',ר' יהודה נשיאה גזר תעניתא וירדו להם גשמים לאחר הנץ החמה סבר לאשלומינהו א"ל רבי אמי קודם חצות ואחר חצות שנינו שמואל הקטן גזר תעניתא וירדו להם גשמים קודם הנץ החמה כסבורין העם לומר שבחו של צבור הוא,אמר להם אמשול לכם [משל] למה הדבר דומה לעבד שמבקש פרס מרבו אמר להם תנו לו ואל אשמע קולו,שוב שמואל הקטן גזר תעניתא וירדו להם גשמים לאחר שקיעת החמה כסבורים העם לומר שבחו של צבור הוא אמר להם שמואל לא שבח של צבור הוא אלא אמשול לכם משל למה הדבר דומה לעבד שמבקש פרס מרבו ואמר להם המתינו לו עד שיתמקמק ויצטער ואחר כך תנו לו,ולשמואל הקטן שבחו של צבור היכי דמי אמר משיב הרוח ונשב זיקא אמר מוריד הגשם ואתא מיטרא:,מעשה וגזרו תענית בלוד כו': ונימא הלל מעיקרא אביי ורבא דאמרי תרווייהו לפי שאין אומרים הלל 25b. its shoots do not replenish themselves when its stump is cut down, so too, Heaven forbid, with regard to a righteous person, his shoots will not replenish themselves, i.e., he will be unable to recover from misfortune. Therefore, it is stated “cedar” in the verse. Just as the cedar grows new shoots after its stump is cut down, so too, a righteous individual will thrive again. Conversely, were it stated “cedar” and were it not stated “palm tree,” I would say that just as in the case of a cedar, it does not produce fruit, so too, a righteous man, God forbid, does not produce fruit, i.e., he will have no reward in the World-to-Come. Therefore, it is stated “palm tree” and it is also stated “cedar.”,§ The Gemara asks: And do a cedar’s shoots really replenish themselves? But isn’t it taught in a baraita: With regard to one who bought a tree from another to chop it down for wood, without acquiring total ownership of the tree, he must lift his ax a handbreadth and chop there, so as to allow the tree to grow back? However, in a case where he purchased a large sycamore, he must leave two handbreadths. In the case of an untrimmed sycamore, he must leave three handbreadths. In a situation where one bought reeds or grapevines, he may chop only from the first knot and above. In the case of palms or cedars, one may dig down and uproot it, as its shoots will not replenish themselves. This baraita indicates that cedars will not grow new shoots after they have been cut down.,The Gemara answers: With what are we dealing here? With other species of cedars. This is in accordance with the opinion of Rabba bar Huna, as Rabba bar Huna said: There are ten species of cedars, as it is stated: “I will plant in the wilderness the cedar, the acacia tree and myrtle and the oil tree; I will set in the desert cypress, the plane tree and the larch together” (Isaiah 41:19). The seven species mentioned in this verse are all called cedars, as are three additional species.,The Sages taught: An incident occurred involving Rabbi Eliezer, who decreed a complete cycle of thirteen fasts upon the congregation, but rain did not fall. At the end of the last fast, the congregation began to exit the synagogue. He said to them: Have you prepared graves for yourselves? If rain does not fall, we will all die of hunger. All the people burst into tears, and rain fell.,There was another incident involving Rabbi Eliezer, who descended to serve as prayer leader before the ark on a fast day. And he recited twenty-four blessings, but he was not answered. Rabbi Akiva descended before the ark after him and said: Our Father, our King, we have no king other than You. Our Father, our King, for Your sake, have mercy on us. And rain immediately fell. The Sages were whispering among themselves that Rabbi Akiva was answered while his teacher, Rabbi Eliezer, was not. A Divine Voice emerged and said: It is not because this Sage, Rabbi Akiva, is greater than that one, Rabbi Eliezer, but that this one is forgiving, and that one is not forgiving. God responded to Rabbi Akiva’s forgiving nature in kind by sending rain.,§ The Sages taught in a baraita: How much rain must fall for the community to cease their fast for rain? If the rain penetrates the soil by the full depth of the blade of a plow until the spot where it bends, they may cease fasting; this is the statement of Rabbi Meir. And the Rabbis say a different measurement: If the earth is completely dry, the soil must become moist to the depth of a single handbreadth. For average soil, they must wait until the moisture reaches a depth of two handbreadths. If it is worked soil, i.e., soil that has been plowed, the moisture must reach to a depth of three handbreadths.,It is taught in a baraita that Rabbi Shimon ben Elazar says: There is no handbreadth of rain from above toward which the water of the deep does not rise three handbreadths. The Gemara raises an objection: But isn’t it taught in another baraita that the water of the deep rises two handbreadths? The Gemara explains: This is not difficult. Here, in first baraita, it is referring to worked land, which water penetrates faster, whereas there, in the second baraita, it is referring to unworked land, which water does not penetrate as easily, and therefore the water of the deep rises only two handbreadths.,Rabbi Elazar said: When the water libation was poured during the festival of Sukkot, these waters of the deep say to the other waters of the deep: Let your water flow, as I hear the voices of two of our friends, the wine libation and the water libation, which are both poured on the altar. As it is stated: “Deep calls to deep at the sound of your channels, all Your waves and Your billows are gone over me” (Psalms 42:8), i.e., the upper waters of the deep call to the lower waters of the deep when they hear the sound of the libations.,Rabba said: I have seen this angel in charge of water, Ridya, in the form of a calf whose lips were parted, standing between the lower waters of the deep and the upper waters of the deep. To the upper waters of the deep, he said: Distill your water and let it rain. To the lower waters of the deep, he said: Let your water flow from below, as it is stated: “The flowers appear on the earth; the time of the singing has come, and the voice of the turtledove [tur] is heard in our land” (Song of Songs 2:12). The appearance of flowers in this verse alludes to the libations, as both the blooming of flowers and pouring of these libations are annual events. The time of the singing is referring to the singing of the Festival. Finally, the term tur in Aramaic can also mean an ox; in this context, it is interpreted as a reference to the angel Ridya.,§ The mishna teaches: If they were fasting for rain and rain fell for them before sunrise, they need not complete their fast until the evening. The Sages taught: If they were fasting for rain and rain fell for them before sunrise, they need not complete their fast, as the obligation to fast does not come into effect until sunrise. However, if rain fell after sunrise, they must complete their fast. This is the statement of Rabbi Meir. Rabbi Yehuda says: If rain fell before midday, they need not complete their fast; however, if it rains after midday, they must complete their fast.,Rabbi Yosei says: If rain falls before the ninth hour, three hours into the afternoon, they need not complete their fast; if it rains after the ninth hour of the day, they must complete their fast, as we found with regard to Ahab, king of Israel, who fasted from the ninth hour and onward, as it is stated: “And it came to pass, when Ahab heard these words, that he rent his clothes, and put sackcloth upon his flesh, and fasted, and lay in sackcloth, and went softly. And the word of the Lord came to Elijah the Tishbite saying: Do you see how Ahab humbles himself before Me?” (I Kings 21:27–29). According to tradition, this occurred in the ninth hour.,Rabbi Yehuda Nesia decreed a fast, and rain fell for them after sunrise. He thought to complete the fast, but Rabbi Ami said to him that we learned: Before noon and after noon, i.e., the halakha is in accordance with the opinion of Rabbi Yehuda. Shmuel HaKatan decreed a fast, and rain fell for them before sunrise. The people thought to say: This is a sign of the praiseworthiness of the community, as we merited rainfall even before we prayed.,He said to them: I will tell you a parable. To what is this matter comparable? To a situation where there is a slave who requests a reward from his master, either food or livelihood, and the master says to his ministers: Give him what he asks for and let me not hear his voice, as I would rather not have to listen to him. Here, too, evidently God has no desire to hear our prayers.,Again, on another occasion, Shmuel HaKatan decreed a fast, and rain fell for them after sunset. Based on his previous response, the people thought to say: This is a sign of the praiseworthiness of the community, as God listened to our prayers all day. Shmuel HaKatan said to them: It is not a sign of the praiseworthiness of the community. Rather, I will tell you a parable. To what is this matter comparable? To a situation where there is a slave who requests a reward from his master, and the master says to his ministers: Wait until he pines away and suffers, and afterward give it to him. Here too, the delay is not to the congregation’s credit.,The Gemara asks: But if so, according to the opinion of Shmuel HaKatan, what is considered the praiseworthiness of the community; what are the circumstances in which approval is shown from Heaven? The Gemara explains: When the prayer leader recites: He Who makes the wind blow, and the wind blows; and when he recites: And the rain fall, and rain falls.,The mishna teaches: An incident occurred in which the court decreed a fast in Lod, and when rain fell they ate and drank, and afterward they recited hallel. The Gemara asks: And let us recite hallel at the outset, without delay. Why did they first go home and eat? Abaye and Rava both said: Because one recites hallel
18. Babylonian Talmud, Sotah, 46b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •sasanian persia, rabbinic law and narrative in sasanian context Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 419
46b. (במדבר כד, כא) איתן מושבך ושים בסלע קנך ואומר (מיכה ו, ב) שמעו הרים את ריב ה' והאיתנים מוסדי ארץ אחרים אומרים מנין לאיתן שהוא ישן שנאמר (ירמיהו ה, טו) גוי איתן הוא גוי מעולם הוא,ועורפין אותה בקופיץ מאחוריה מ"ט גמר עריפה עריפה מחטאת העוף,ומקומה אסור מלזרוע ומליעבד ת"ר (דברים כא, ד) אשר לא יעבד בו ולא יזרע לשעבר דברי רבי יאשיה רבי יונתן אומר להבא,רבא אמר להבא דכ"ע לא פליגי דכתיב ולא יזרע כי פליגי לשעבר רבי יאשיה סבר מי כתיב ולא יעובד ורבי יונתן מי כתיב אשר לא נעבד ורבי יאשיה אשר לשעבר משמע ור' יונתן אשר רבויא הוא,ומותר לסרוק שם פשתן ולנקר שם אבנים ת"ר אשר לא יעבד בו ולא יזרע אין לי אלא זריעה שאר עבודות מנין תלמוד לומר אשר לא יעבד בו מכל מקום,אם כן מה ת"ל ולא יזרע לומר לך מה זריעה מיוחדת שהיא בגופה של קרקע אף כל שהיא בגופה של קרקע יצא סריקת פשתן וניקור אבנים שאינן בגופה של קרקע,ואימא אשר לא יעבד בו כלל ולא יזרע פרט כלל ופרט אין בכלל אלא מה שבפרט זריעה אין מידי אחרינא לא אשר רבויא הוא,זקני העיר רוחצין ידיהן כו' ת"ר (דברים כא, ו) וכל זקני העיר ההיא הקרובים אל החלל ירחצו את ידיהם על העגלה הערופה בנחל שאין ת"ל הערופה ומה ת"ל הערופה על מקום עריפתה של עגלה,ואמרו ידינו לא שפכו את הדם הזה ועינינו לא ראו וכי על לבנו עלתה שב"ד שופכין דמים אלא לא בא לידינו ופטרנוהו בלא מזונות ולא ראינוהו והנחנוהו בלא לויה,תניא היה ר"מ אומר כופין ללויה ששכר הלויה אין לה שיעור שנאמר (שופטים א, כד) ויראו השומרים איש יוצא מן העיר ויאמרו לו הראנו נא את מבוא העיר ועשינו עמך חסד וכתיב ויראם את מבוא העיר ומה חסד עשו עמו שכל אותה העיר הרגו לפי חרב ואותו האיש ומשפחתו שלחו,(שופטים א, כו) וילך האיש ארץ החתים ויבן עיר ויקרא שמה לוז היא שמה עד היום הזה תניא היא לוז שצובעין בה תכלת היא לוז שבא סנחריב ולא בלבלה נבוכדנצר ולא החריבה ואף מלאך המות אין לו רשות לעבור בה אלא זקנים שבה בזמן שדעתן קצה עליהן יוצאין חוץ לחומה והן מתים,והלא דברים ק"ו ומה כנעני זה שלא דיבר בפיו ולא הלך ברגליו גרם הצלה לו ולזרעו עד סוף כל הדורות מי שעושה לויה ברגליו על אחת כמה וכמה,במה הראה להם חזקיה אמר בפיו עקם להם ר' יוחנן אמר באצבעו הראה להם תניא כוותיה דר' יוחנן בשביל שכנעני זה הראה באצבעו גרם הצלה לו ולזרעו עד סוף כל הדורות,אמר רבי יהושע בן לוי המהלך בדרך ואין לו לויה יעסוק בתורה שנאמר (משלי א, ט) כי לוית חן הם לראשך וענקים לגרגרותיך ואמר ר' יהושע בן לוי בשביל ארבעה פסיעות שלוה פרעה לאברהם שנאמר (בראשית יב, כ) ויצו עליו פרעה אנשים וגו' נשתעבד בבניו ארבע מאות שנה שנאמר (בראשית טו, יג) ועבדום וענו אותם ארבע מאות שנה אמר רב יהודה אמר רב כל המלוה את חבירו ארבע אמות בעיר אינו ניזוק רבינא אלויה לרבא בר יצחק ד' אמות בעיר מטא לידיה היזיקא ואיתציל,ת"ר הרב לתלמיד עד עיבורה של עיר חבר לחבר עד תחום שבת תלמיד לרב אין לו שיעור וכמה א"ר ששת עד פרסה ולא אמרן אלא רבו שאינו מובהק אבל רבו מובהק שלשה פרסאות,רב כהנא אלויה לרב שימי בר אשי מפום נהרא עד בי ציניתא דבבל כי מטו התם אמר ליה ודאי דאמריתו הני ציניתא דבבל משני אדם הראשון איתנהו,א"ל אדכרתן מלתא דאמר רבי יוסי בר' חנינא מאי דכתיב (ירמיהו ב, ו) בארץ לא עבר בה איש ולא ישב אדם שם וכי מאחר שלא עבר היכן ישב (ומאחר שלא ישב היכן עבר) אלא ארץ שגזר עליה אדם הראשון לישוב נתישבה ארץ שלא גזר עליה אדם הראשון לא נתישבה,רב מרדכי אלויה לרב אשי מהגרוניא ועד בי כיפי ואמרי לה עד בי דורא,אמר רבי יוחנן משום רבי מאיר כל שאינו מלוה ומתלוה כאילו שופך דמים שאילמלי ליווהו אנשי יריחו לאלישע לא גירה דובים לתינוקות שנאמר (מלכים ב ב, כג) ויעל משם בית אל והוא עלה בדרך ונערים קטנים יצאו מן העיר ויתקלסו בו ויאמרו לו עלה קרח עלה קרח,אמרו לו עלה שהקרחת עלינו את המקום מאי ונערים קטנים אמר ר' אלעזר שמנוערים מן המצות קטנים שהיו מקטני אמנה תנא נערים היו ובזבזו עצמן כקטנים,מתקיף לה רב יוסף ודלמא על שם מקומן מי לא כתיב (מלכים ב ה, ב) וארם יצאו גדודים וישבו מארץ ישראל נערה קטנה וקשיא לן נערה וקטנה ואמר ר' פדת קטנה דמן נעורן התם לא מפרש מקומה הכא מפורש מקומן,(מלכים ב ב, כד) ויפן אחריו ויראם ויקללם בשם ה' מה ראה אמר רב ראה ממש כדתניא רבן שמעון בן גמליאל אומר כל מקום שנתנו חכמים עיניהם או מיתה או עוני ושמואל אמר ראה שכולן נתעברה בהן אמן ביום הכיפורים,ורבי יצחק נפחא אמר בלורית ראה להן כאמוריים ורבי יוחנן אמר ראה שלא היתה בהן לחלוחית של מצוה ודלמא בזרעייהו ניהוה הוה אמר רבי אלעזר לא בם ולא בזרעם עד סוף כל הדורות,(מלכים ב ב, כד) ותצאנה שתים דובים מן היער ותבקענה מהם ארבעים ושני ילדים 46b. “Firm [eitan] is your dwelling-place, and your nest is set in the rock” (Numbers 24:21), and it states: “Hear, O you mountains, the Lord’s controversy, and the enduring rocks [eitanim], the foundations of the earth” (Micah 6:2). The use of the word in these verses indicates that “eitan” means something hard, like a rock or a mountain. Others say a different explanation of the word eitan: From where is it derived that eitan means old? As it is stated: “It is an ancient [eitan] nation, a nation from of old” (Jeremiah 5:15).,§ The mishna taught: And they break the neck [orfin] of the heifer from behind with a cleaver. The Gemara explains: What is the reason that the Sages understood that the heifer is killed in this manner? They derive that the term arifa, which describes what is done to the heifer, refers to breaking the back of the neck, from the term arifa stated with regard to the bird brought as a sin-offering (see Leviticus 5:8).,§ The mishna taught further: And with regard to its place, it is prohibited for that ground to be sown or to be worked. The Sages taught: The verse: “Which may be neither worked nor sown” (Deuteronomy 21:4) is referring to the past, that is, a place which has not previously been worked or sown. This is the statement of Rabbi Yoshiya. Rabbi Yonatan says: It speaks of the future, meaning it is prohibited to sow or work the land from that point onward.,Rava said: As for the future, everyone agrees that it is prohibited to sow or work the land, as it is written “neither worked nor sown” in the future tense. When they disagree is with regard to the past. Rabbi Yoshiya, who disqualifies a place that was sown beforehand, holds: Does it state: And shall not be worked, in the form of a future command? And Rabbi Yonatan responds: Does it state: And was not worked, in the past tense? And Rabbi Yoshiya answers: The term “which” indicates the past. And as for Rabbi Yonatan, in his opinion the term “which” is a term of amplification, as will be explained later in the Gemara, and it is not referring to the past.,§ The mishna taught: But it is permitted to comb flax there or to cut stones there. The Sages taught: From the phrase “which may be neither worked nor sown,” I have derived only sowing; from where do I derive that other types of labor are also prohibited? The verse states: “Which may be neither worked,” indicating that it may not be worked in any manner.,The baraita continues: If so, why does the verse also need to state “nor sown”? It is in order to say to you: Just as sowing is unique in that it is labor performed on the land itself, so too, all labor that is performed on the land itself is prohibited. This excludes combing flax and cutting stones, which are not done on the land itself.,The Gemara raises an objection: And perhaps one can say a different exposition: “Which may be neither worked” is a generalization, and “nor sown” a detail. When the Torah writes a generalization and a detail, there is nothing in the generalization other than what is in the detail, i.e., the detail serves to impose a limit on the generalization. Consequently, the verse is teaching that with regard to sowing, yes, it is prohibited, but with regard to anything else, no, it is not prohibited. The Gemara again answers: The term “which” is an amplification, and the addition of this term results in this verse not belonging to the category of generalizations and details.,§ The mishna taught that the Elders of the city would then wash their hands. The Sages taught: With regard to the verse: “And all the Elders of that city, who are nearest to the slain man, shall wash their hands over the heifer whose neck was broken in the valley” (Deuteronomy 21:6), one might have thought that there is no need for the verse to state: “Whose neck was broken,” because there is no heifer mentioned other than the one whose neck was broken. And what is the meaning when the verse states: “Whose neck was broken”? It serves to teach us that they wash their hands over the place where the heifer’s neck was broken.,The verse further states: “And they shall say: Our hands did not spill this blood, nor did our eyes see” (Deuteronomy 21:7). The mishna explains: But did it enter our minds that the Elders of the court are spillers of blood, that they must make such a declaration? Rather, they mean to declare: The victim did not come to us and then we let him take his leave without food, and we did not see him and then leave him alone to depart without accompaniment. They therefore attest that they took care of all his needs and are not responsible for his death even indirectly.,It is taught in a baraita: Rabbi Meir would say: There is coercion with regard to accompaniment, i.e., one who does not want to accompany another is nevertheless required to do so, as the reward for accompaniment is without measure. The proof of the importance of accompaniment is from a verse, as it is stated with regard to when the Jewish people laid siege to the city of Bethel: “And the watchers saw a man come out of the city, and they said to him: Show us, please, the entrance into the city, and we will deal kindly with you” (Judges 1:24), and it is written: “And he showed them the entrance to the city” (Judges 1:25). And what kindness did they perform with him? It is that they killed the entire city by the sword, but that man and his family they sent free.,The Gemara elaborates on the reward received in that story. The next verse states: “And the man went to the land of the Hittites, and he built a city, and he called its name Luz; that is its name to this day” (Judges 1:26). It is taught in a baraita: This is the city Luz where sky blue wool is dyed. It is the same city Luz where, although Sennacherib came and exiled many nations from place to place, he did not disarrange and exile its inhabitants; Nebuchadnezzar, who conquered many lands, did not destroy it; and even the angel of death has no permission to pass through it. Rather, its Elders, when they have decided that they have reached the end of life, go outside the city wall and die.,Are these matters not inferred a fortiori: And if this Canaanite, who did not speak with his mouth and explicitly tell them where the city entrance was, and did not walk with them by foot, but merely indicated the correct path to them, nevertheless caused himself to be rescued and also had the merit to provide rescue for his descendants until the end of all generations, then with regard to one who accompanies another by foot, all the more so will his reward be great.,After stating that the man did not openly guide those watching the city, the Gemara asks: How did that Canaanite show them the entrance to the city? Ḥizkiyya says: He twisted his mouth for them, i.e., he showed them the path to the city by moving his lips. Rabbi Yoḥa says: He showed them with his finger alone. It is taught in a baraita in accordance with the opinion of Rabbi Yoḥa: Because this Canaanite showed them with his finger, he caused himself to be rescued and merited rescue for his descendants as well, until the end of all generations.,Rabbi Yehoshua ben Levi says: One who walks along the way without having someone to accompany him should occupy himself with words of Torah, as it is stated with regard to words of Torah: “For they shall be a chaplet of grace to your head, and chains around your neck” (Proverbs 1:9). And Rabbi Yehoshua ben Levi further says: Due to four steps that Pharaoh accompanied Abraham, as it is stated: “And Pharaoh gave men charge concerning him, and they brought him on the way, and his wife, and all that he had” (Genesis 12:20), Pharaoh enslaved Abraham’s descendants for four hundred years, as it is stated: “And shall serve them, and they shall afflict them four hundred years” (Genesis 15:13). Rav Yehuda says that Rav says: Anyone who accompanies his friend four cubits in a city will come to no harm by accompanying him. The Gemara relates: Ravina accompanied Rava bar Yitzḥak four cubits in a city. He came close to harm, but he was saved.,The Sages taught: A teacher accompanies a student until the outskirts of the city; a friend accompanies a friend until the Shabbat boundary of that city, which is two thousand cubits; and for a student who accompanies his teacher, there is no measure to the distance he accompanies him. The Gemara asks: And how far? The student is certainly not required to walk with him the entire way. Rav Sheshet says: Up to a parasang [parsa], which is four mil. The Gemara comments: And we said this amount only with regard to one who is not his most significant teacher, but he accompanies his most significant teacher, who taught him most of his knowledge, three parasangs.,The Gemara relates a story about accompaniment: Rav Kahana accompanied Rav Shimi bar Ashi from the town of Pum Nahara to the palm grove in Babylonia. When they arrived there, Rav Kahana said to Rav Shimi bar Ashi: Is it true that you say that these palm trees of Babylonia have been in this place since the years of Adam the first man?,Rav Shimi bar Ashi said to him: By mentioning Adam the first man you reminded me of something that Rabbi Yosei, son of Rabbi Ḥanina, says: What is the meaning of that which is written: “Through a land that no man passed through, and where no person [adam] dwelt”? (Jeremiah 2:6). This verse is difficult: Since it is a land through which no man has passed, where would he dwell? And if he did not dwell, where did he pass? Why does the verse add that no person has dwelled there? Rather, this is the meaning: Any land concerning which Adam the first man decreed that it would be a settled area, was settled; but a land concerning which Adam the first man did not decree that it should be settled, was not settled.,The Gemara also relates that Rav Mordekhai accompanied Rav Ashi from the town of Hagronya until Bei Keifei, and some say that he accompanied him until Bei Dura.,The Gemara continues to discuss the importance of accompaniment. Rabbi Yoḥa says in the name of Rabbi Meir: Whoever does not accompany another or will not allow himself to be accompanied is like a spiller of blood and is held responsible for any deaths that occur as a result of his inaction. The proof for this is that had the inhabitants of Jericho accompanied Elisha, he would not have incited the bears to attack the children, as it is stated: “And he went up from there to Bethel, and as he was going up by the way, there came forth young lads out of the city and mocked him, and said to him: Go up, baldhead; go up, baldhead” (II Kings 2:23). Had the residents of Jericho accompanied him, they would have sent away those youths and prevented what occurred next.,The Gemara proceeds to discuss this episode in detail, beginning with the meaning of the youths’ taunt. They said to him: Go up, away from here, for you have made the place bald, i.e., bare, for us. They had previously earned their living by providing the city of Jericho with water. Elisha sweetened the city’s own water, rendering their services unnecessary. The Gemara asks: What is the meaning of: “Young lads [ne’arim ketannim]”? One would have expected the verse to state either “young” or “lads,” but not both. Rabbi Elazar says: The word “lads [ne’arim]” means that they were shaken empty [meno’arim] of the mitzvot; the word “young [ketannim]” means that they were of little faith [ketannei amana], as they had no trust that they would be able to earn their livelihood by any other means. The Sages taught: They were lads, that is, already of age, but they disgraced themselves like young children.,Rav Yosef objects to this interpretation: And perhaps they were called ne’arim after their place of origin? Isn’t it written: “And the Arameans had gone out in bands, and had brought away captive from Eretz Yisrael a minor young woman [na’ara ketana]” (II Kings 5:2), and this verse raised a difficulty to us: A minor and a young woman; how could she be both of these? And Rabbi Pedat says it means a minor girl from the town of Ne’oran. This verse concerning the lads can be explained in a similar manner: They were young children from Ne’oran. The Gemara answers: These two cases are not comparable. There the verse does not specify her place of origin, so “na’ara” could mean from the town of Ne’oran; but here the verse specifies their place of origin, namely Jericho.,The verse further states with regard to the same incident: “And he turned behind him and saw them, and he cursed them in the name of the Lord” (II Kings 2:24). The Gemara asks: What did he see? There are four explanations offered. Rav says: He literally saw, i.e., he stared and bored his eyes into them, as it is taught in a baraita: Rabban Shimon ben Gamliel says: Wherever it states that the Sages placed their eyes upon a certain person, they brought upon that person either death or poverty. And Shmuel says: He saw their essential nature, that all their mothers became pregt with them on Yom Kippur, when conjugal relations are forbidden.,And Rabbi Yitzḥak Nappaḥa says: He saw that they had plaited locks grown on the back of their heads like the gentiles. And Rabbi Yoḥa says: He saw that they did not contain even a smidgen of a mitzva. The Gemara raises an objection to this last interpretation of Rabbi Yoḥa: But how could he curse them just because they did not have any mitzvot? Perhaps their descendants would have many mitzvot. Rabbi Elazar says: He saw that mitzvot would be found neither in them nor in their descendants, through all generations.,The verse states: “And two she-bears came out of the forest and tore forty-two children from them” (II Kings 2:24).
19. Babylonian Talmud, Shabbat, 116a, 116b, 139a, 93a, 93b, 75a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 402
75a. שכן יריעה שנפל בה דרנא קורעין בה ותופרין אותה,אמר רב זוטרא בר טוביה אמר רב המותח חוט של תפירה בשבת חייב חטאת והלומד דבר אחד מן המגוש חייב מיתה והיודע לחשב תקופות ומזלות ואינו חושב אסור לספר הימנו,מגושתא רב ושמואל חד אמר חרשי וחד אמר גדופי תסתיים דרב דאמר גדופי דאמר רב זוטרא בר טוביה אמר רב הלומד דבר אחד מן המגוש חייב מיתה דאי ס"ד חרשי הכתיב (דברים יח, ט) לא תלמד לעשות אבל אתה למד להבין ולהורות תסתיים,אר"ש בן פזי א"ר יהושע בן לוי משום בר קפרא כל היודע לחשב בתקופות ומזלות ואינו חושב עליו הכתוב אומר (ישעיהו ה, יב) ואת פועל ה' לא יביטו ומעשה ידיו לא ראו א"ר שמואל בר נחמני א"ר יוחנן מנין שמצוה על האדם לחשב תקופות ומזלות שנאמר (דברים ד, ו) ושמרתם ועשיתם כי היא חכמתכם ובינתכם לעיני העמים איזו חכמה ובינה שהיא לעיני העמים הוי אומר זה חישוב תקופות ומזלות:,הצד צבי וכו': ת"ר הצד חלזון והפוצעו אינו חייב אלא אחת רבי יהודה אומר חייב שתים שהיה ר' יהודה אומר פציעה בכלל דישה אמרו לו אין פציעה בכלל דישה אמר רבא מ"ט דרבנן קסברי אין דישה אלא לגדולי קרקע וליחייב נמי משום נטילת נשמה אמר רבי יוחנן שפצעו מת,רבא אמר אפילו תימא שפצעו חי מתעסק הוא אצל נטילת נשמה והא אביי ורבא דאמרי תרווייהו מודה ר"ש בפסיק רישא ולא ימות שאני הכא דכמה דאית ביה נשמה טפי ניחא ליה כי היכי דליציל ציבעיה:,השוחטו: שוחט משום מאי חייב רב אמר משום צובע ושמואל אמר משום נטילת נשמה 75a. As, when a curtain had a worm which made a tear in it, they would tear the curtain further to lengthen the tear, and that enabled them to then sew it in a manner that obscured the tear.,Rav Zutra bar Toviya said that Rav said: One who tightens the thread of a stitch on Shabbat is liable to bring a sin-offering. If two parts of a garment that were sewn together begin to separate, and one pulls the thread to reattach them, it is tantamount to having sewn them. The Gemara cites additional halakhot cited by Rav Zutra in the name of Rav. And one who learns even one matter from a magosh, a Persian priest, is liable to receive the death penalty. And one who knows how to calculate astronomical seasons and the movement of constellations, and does not do so, one may not speak with him because his actions are improper.,The Gemara proceeds to discuss the additional halakhot cited by Rav Zutra bar Toviya. With regard to the magosh, Rav and Shmuel disagreed. One said that they are sorcerers, while the other said they are heretics. The Gemara adds: Conclude that Rav is the one who said that they are heretics, as Rav Zutra bar Toviya said that Rav said: One who learns one matter from the magosh is liable to receive the death penalty. As, if it should enter your mind that they are sorcerers, wasn’t it written: “When you come into the land which the Lord your God gives you, you shall not learn to do after the abominations of those nations. There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer” (Deuteronomy 18:9–10)? And the Sages inferred: You shall not learn to do, but you may learn to understand and to teach the topic of sorcery. Apparently, merely learning about sorcery does not violate a prohibition. Only acting upon that learning is prohibited. Rav, who prohibited learning even a single matter from a magosh, must hold that they are heretics, not merely sorcerers. The Gemara states: Indeed, conclude that Rav is the one who said that they are heretics.,Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Anyone who knows how to calculate astronomical seasons and the movement of constellations and does not do so, the verse says about him: “They do not take notice of the work of God, and they do not see His handiwork” (Isaiah 5:12). And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥa said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all? You must say: This is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all.,We learned in the mishna, among those liable for performing primary categories of labor: One who traps a deer or any other living creature. The Sages taught in a Tosefta: One who traps a ḥilazon and breaks its shell to remove its blood for the dye is liable to bring only one sin-offering. He is not liable for breaking the shell. Rabbi Yehuda says: He is liable to bring two, for performing the prohibited labors of trapping and for threshing, as Rabbi Yehuda would say: The breaking of a ḥilazon is included in the primary category of threshing, as its objective is to extract the matter that he desires from the shell that he does not. The Rabbis said to him: Breaking the shell is not included in the primary category of threshing. Rava said: What is the rationale for the opinion of the Rabbis? They hold: Threshing applies only to produce that grows from the ground. One who extracts other materials from their covering is exempt. The Gemara asks: Even if extracting blood is not considered threshing, let him be liable for taking a life as well. Rabbi Yoḥa said: This is referring to a case where he broke its shell after it was dead.,Rava said: Even if you say that he broke it when it was alive, he is exempt. Since he had no intention of killing the ḥilazon, he is considered as one who is acting unawares with regard to taking a life. The Gemara raises a difficulty: Didn’t Abaye and Rava both say that Rabbi Shimon, who rules that an unintentional act is permitted, agrees that in a case of: Cut off its head and will it not die, one is liable? One who performs an action that will inevitably result in a prohibited labor cannot claim that he did not intend for his action to lead to that result. Lack of intention is only a valid claim when the result is merely possible, not inevitable. Since one who extracts blood from a ḥilazon inevitably takes its life, how can Rava claim that his action is unintentional? The Gemara answers: Here it is different, as the longer the ḥilazon lives, the better it is for the trapper, so that its dye will become clear. Dye extracted from a live ḥilazon is a higher quality than that which is extracted from a dead one. Rabbi Shimon agrees that one who performs an action with inevitable consequences is liable only in a case where the consequences are not contrary to his interests. Since he prefers that the ḥilazon remain alive as long as possible, he is not liable for the inevitable consequences.,We learned in the mishna, among those liable for performing primary categories of labor: And one who slaughters an animal on Shabbat. The Gemara asks: As there was no slaughter necessary for construction of the Tabernacle, one who slaughters an animal, due to what prohibited labor is he liable? Rav said: He is liable due to dyeing, as in the course of the slaughter the hide is dyed with blood. And Shmuel said: He is liable due to taking a life.
20. Babylonian Talmud, Qiddushin, 29b, 60b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 411
21. Babylonian Talmud, Shevuot, 34b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •sasanian, administrators/administration, law Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 97, 98; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 97, 98
34b. ועדים רואין אותו מבחוץ מאי,א"ל רב המנונא והלה מה טוען אי אמר לא היו דברים מעולם הוחזק כפרן אי אמר אין שקלי ודידי שקלי כי אתו עדים מאי הוי א"ל המנונא את עול תא,ההוא דא"ל לחבריה מנה מניתי לך בצד עמוד זה א"ל לא עברתי בצד עמוד זה אתו תרי סהדי אסהידו ביה דהשתין מים בצד עמוד זה אמר ר"ל הוחזק כפרן,מתקיף לה ר"נ האי דינא פרסאה הוא מי קאמר מעולם בעסק זה קא"ל,איכא דאמרי ההוא דא"ל לחבריה מנה מניתי לך בצד עמוד זה א"ל לא עברתי בצד עמוד זה מעולם נפקו ביה סהדי דהשתין מים בצד עמוד זה אמר ר"נ הוחזק כפרן,א"ל רבא לר"נ כל מילתא דלא רמיא עליה דאיניש עביד לה ולאו אדעתיה:,ר"ש אומר חייב כאן וחייב בפקדון כו':,מחכו עלה במערבא מאי חוכא,דקתני מה לפקדון שכן לא עשה בו מושבע כנשבע מזיד כשוגג,מכדי מושבע מפי עצמו בעדות לר"ש מנא ליה דגמר מפקדון פקדון נמי מושבע מפי אחרים נגמר מעדות,ומאי חוכא דלמא ר"ש בק"ו מייתי לה מפי אחרים חייב מפי עצמו לא כל שכן,אלא חוכא אמזיד כשוגג דקתני מה לפקדון שכן לא עשה בו מושבע כנשבע מזיד כשוגג,מכדי מזיד גבי עדות מנא ליה דלא כתיב ביה ונעלם ה"נ לא כתיב ביה ונעלם,אמר להו רב הונא ומאי חוכא דלמא מזיד דלאו כשוגג בפקדון ממעילה ר"ש גמר לה,והיינו חוכא אדגמר לה ממעילה נגמר לה מעדות,מסתברא ממעילה הוה ליה למילף שכן מעילה ממעילה,אדרבה מעדות הוה ליה למילף שכן תחטא מתחטא,מסתברא ממעילה הוה ליה למילף שכן מעילה בכל נהנה בקבוע חומש ואשם,אדרבה מעדות ה"ל למילף שכן חטא הדיוט בשבועה תבעיה וכפריה ואואין הנך נפישין,אלא מאי חוכא,כי אתא רב פפא ורב הונא בריה דרב יהושע מבי רב אמרי היינו חוכא מכדי ר"ש ג"ש גמיר למה ליה דפריך מה לפקדון שכן לא עשה בו מושבע כנשבע מזיד כשוגג,ומאי חוכא דלמא כי פריך מקמי דתיקום ליה ג"ש בתר דקמא ליה ג"ש לא פריך,ולא והאמר להו רבא בר איתי לרבנן מאן תנא שבועת הפקדון לא ניתן זדונה לכפרה ר"ש היא,דלמא מזיד כשוגג פריך דגמר לה ממעילה דהנך נפישין אבל מושבע כנשבע לא פריך,ותהדר עדות ותגמר לה מפקדון מזיד דלאו כשוגג מה פקדון שוגג אין מזיד לא אף עדות שוגג אין מזיד לא כי היכי דיליף פקדון ממעילה 34b. and witnesses see him counting the money from outside, what is the halakha? Is their testimony accepted?,Rav Hamnuna said to Rav Yehuda: And what does the other person claim in response to the demand for repayment? If he says: These matters never happened, he assumes the presumptive status of a denier of the truth, as the witnesses testify that they saw the claimant counting the money and giving it to him. If he says: Yes, I took money from him, but it is my money that I took, then when the witnesses come and testify that they saw the claimant counting the money and giving it to him, what of it? The testimony of the witnesses does not contradict his claim, as the witnesses do not know the circumstances under which the money changed hands. Rav Yehuda said to him: Are you Hamnuna? Enter and come into the study hall, as you make your teacher wiser.,The Gemara relates a similar incident: There was a certain individual who said to another: I counted for you and gave you one hundred dinars as a loan alongside this column. The other person said to him in response: I did not pass alongside this column. Two witnesses came and testified about him that they saw that he urinated alongside this column. Reish Lakish said: He assumes the presumptive status of a denier of the truth, as the testimony of witnesses proves that he passed alongside the column.,Rav Naḥman objects to this: That is a ruling characteristic of a Persian court, not a reasonable ruling characteristic of a Jewish court. Did the respondent say that he never passed alongside the column? It was that he did not pass alongside the column in the context of this matter that he said to him that he did not pass the column; therefore, the testimony of the witnesses does not contradict his statement.,There are those who say that the incident transpired a bit differently. There was a certain individual who said to another: I counted for you and gave you one hundred dinars as a loan alongside this column. The other person said to him in response: I never passed alongside this column. Witnesses emerged and testified concerning him that he urinated alongside this column. Rav Naḥman said: He assumes the presumptive status of a denier of the truth, as the witnesses contradicted his claim.,Rava said to Rav Naḥman: There is no proof from here that he assumes the presumptive status of a denier, as any matter that is not incumbent upon a person to remember, he performs it and it is not on his mind. Therefore, when he denied ever passing alongside the column, it was because there was never any reason for him to remember that he had been there.,§ The Gemara proceeds to cite the opinion cited last in the baraita explaining the source of the halakha that one is liable for taking a false oath of testimony only for a case involving monetary matters. Rabbi Shimon says: The Torah rendered one liable if he takes a false oath here, with regard to an oath of testimony, and the Torah rendered one liable if he takes a false oath with regard to an oath on a deposit; just as there, the verse is speaking of liability only in cases involving monetary claims, so too here, the verse is speaking of liability only in cases involving monetary claims.,They mocked this proof in the West, i.e., Eretz Yisrael. The Gemara asked: What is worthy of mockery in the statement of Rabbi Shimon?,The Gemara explains that they mocked that which the baraita teaches in the continuation, rejecting the a fortiori inference suggested by Rabbi Shimon: What is notable about the case of a deposit? It is notable in that with regard to a deposit the Torah did not render the halakhic status of one to whom an oath was administered by others like that of one who himself took an oath, as one to whom an oath was administered by others is exempt; and the Torah did not render the halakhic status of one who takes an intentional false oath like that of one who takes an unwitting false oath.,This rejection is difficult: Now, with regard to the fact that one who administered an oath to himself is liable in the case of an oath of testimony, from where is it derived according to Rabbi Shimon? Rabbi Shimon derives it by means of a verbal analogy from an oath on a deposit. If so, based on the same verbal analogy, in the case of an oath on a deposit too, let us derive from the case of an oath of testimony the fact that one is liable for a false oath that was administered by others.,The Gemara rejects this: And what is worthy of mockery in that statement? Perhaps Rabbi Shimon does not derive that one who takes a false oath of testimony on his own is liable by means of a verbal analogy from an oath on a deposit; rather, he derives it by means of an a fortiori inference: If one is liable for a false oath of testimony administered by others, is it not all the more so that he is liable for an oath that he takes on his own?,The Gemara answers: Rather, the mockery is with regard to the distinction between an oath on a deposit and an oath of testimony in the matter of whether the halakhic status of one who takes an intentional false oath is like that of one who takes an unwitting false oath, as it teaches in the baraita: What is notable about the case of a deposit? It is notable in that with regard to a deposit the Torah did not render the halakhic status of one to whom an oath was administered by others like that of one who himself took an oath, as one to whom an oath was administered by others is exempt; and the Torah did not render the halakhic status of one who takes an intentional false oath like that of one who takes an unwitting false oath.,Now, from where does he derive that one who takes an intentional false oath of testimony is liable? He derives it as it is not written in the context of an oath of testimony: And it is hidden. Here too, it is not written in the context of an oath on a deposit: And it is hidden. Therefore, there should be no distinction between intentional and unwitting with regard to an oath on a deposit either.,Rav Huna said to the Sages: And what is worthy of mockery in that statement? Perhaps the fact that the halakhic status of one who takes an intentional false oath is not like that of one who takes an unwitting false oath in the case of a deposit, and it is from the halakhot of misuse of consecrated property that Rabbi Shimon derived it. Just as one is liable to bring a guilt-offering for the misuse of consecrated property only if he did so unwittingly, one is liable to bring a guilt-offering for a false oath on a deposit only if he unwittingly took the false oath.,The Gemara answers: And that is what is worthy of mockery. Instead of deriving the lack of liability for an intentional false oath of deposit from the case of misuse of consecrated property, let him derive liability for an intentional false oath on a deposit from the case of an oath of testimony.,The Gemara rejects this: It stands to reason that he should have derived it from the case of misuse of consecrated property, as that is a derivation of misuse written with regard to an oath on a deposit: “If any one shall sin and commits an act of misuse and dealt falsely with his colleague in a matter of deposit” (Leviticus 5:21), which is derived from misuse written with regard to misuse of consecrated property: “If any one commits an act of misuse and sinned unwittingly from items consecrated to the Lord” (Leviticus 5:15).,The Gemara asks: On the contrary, he should have derived it from the case of an oath of testimony, as that is a derivation of “shall sin” written with regard to an oath on a deposit which is derived from “shall sin” written with regard to an oath of testimony: “And if any one shall sin and he hears the voice of an oath, and he is a witness” (Leviticus 5:1).,The Gemara rejects this: It stands to reason that it is from the case of misuse of consecrated property that he should have derived it, as there are many elements common to an oath on a deposit and misuse of consecrated property represented by the mnemonic: Misuse, with regard to all, derive benefit, with fixed, one-fifth, and guilt-offering. The term misuse is employed in both cases. Both cases are relevant with regard to all individuals and not only those fit to testify. Both involve one deriving benefit from property that is not his. In both cases, one is liable to bring a fixed guilt-offering, as opposed to one who takes a false oath of testimony, who is liable to bring a sliding-scale offering. In both cases, one adds one-fifth to the payment of the principal. In both cases, that is the offering with which one gains atonement.,The Gemara rejects this: On the contrary, he should have derived the halakha with regard to an oath on a deposit from the halakha of an oath of testimony, as there are many elements common to both oaths represented by the mnemonic: Sin, ordinary [hedyot], with an oath, claimed from him, denied his claim, and multiple instances of the term “or.” The term “shall sin” is written in both contexts. Both oaths relate to the property of ordinary individuals, not to consecrated property. In both cases there is a claim presented by one of the parties and denial of that claim by the one taking the oath. Multiple instances of the term “or” appear in both passages in the Torah. The Gemara responds: These elements common to an oath on a deposit and misuse of consecrated property are more numerous than the elements common to an oath on a deposit and an oath of testimony.,Rather, after resolving all the difficulties that were raised against the opinion of Rabbi Shimon, the question remains: What did the Sages of Eretz Yisrael find that is worthy of mockery in that baraita?,When Rav Pappa and Rav Huna, son of Rav Yehoshua, came from the study hall of their teacher, they said: This is what is worthy of mockery: Now, since ultimately Rabbi Shimon derives the halakha by means of a verbal analogy between the term “shall sin” written with regard to an oath on a deposit and the term “shall sin” written with regard to an oath of testimony, why is it that he refutes the parallel between them by saying: What is notable about the case of a deposit? It is notable in that with regard to a deposit the Torah did not render the halakhic status of one to whom an oath was administered by others like that of one who himself took an oath, as one to whom an oath was administered by others is exempt; and the Torah did not render the halakhic status of one who takes an intentional false oath like that of one who takes an unwitting false oath. Rabbi Shimon should have derived by means of the verbal analogy that all the halakhot of an oath of testimony and all the halakhot of an oath on a deposit are identical.,The Gemara rejects this: And what is worthy of mockery in that statement? Perhaps when Rabbi Shimon refuted the parallel between the two oaths, it was prior to the verbal analogy being established for him, and the derivation was by means of a paradigm. After the verbal analogy was established for him, he does not refute the parallel and holds that in the case of an oath on a deposit one is liable to bring a guilt-offering for false oaths administered by others as well as for intentional false oaths.,The Gemara asks: And does Rabbi Shimon not refute the parallel between the two oaths? But didn’t Rava bar Ittai say to the Sages: Who is the tanna who taught with regard to an oath on a deposit that atonement by means of an offering is not possible for one who takes an intentional false oath? It is Rabbi Shimon. Apparently, Rabbi Shimon concludes that there remains a distinction between intentional and unwitting in the case of an oath on a deposit.,The Gemara suggests: Perhaps with regard to the halakhic status of one who takes an intentional false oath being like that of one who takes an unwitting false oath, Rabbi Shimon refutes the parallel between the two oaths even after the verbal analogy is established for him, as he derives the halakha of an oath on a deposit from the halakha of misuse of consecrated property, where there is a distinction between intentional and unwitting, as those elements common to an oath on a deposit and the misuse of consecrated property are more numerous than the elements common to an oath on a deposit and an oath of testimony. But he does not refute the parallel between the two oaths with the claim that there is a distinction between them with regard to whether the halakhic status of one to whom an oath was administered by others is like that of one who himself took an oath. Once the verbal analogy was established for him, there is no longer a distinction between the two oaths in that regard.,The Gemara asks: If, according to Rabbi Shimon, based on the derivation from the misuse of consecrated property, one who intentionally takes a false oath on a deposit does not bring a guilt-offering like one who took the false oath unwittingly, let the discussion of the case of an oath of testimony return to the verbal analogy and derive it from the case of an oath on a deposit that the halakhic status of one who takes an intentional false oath is not like that of one who takes an unwitting false oath. Just as in the case of an oath on a deposit, one who takes an unwitting false oath, yes, he is liable to bring a guilt-offering, and one who takes an intentional false oath, no, he is not liable, so too, in the case of an oath of testimony, one who takes an unwitting false oath, yes, he is liable to bring a sin-offering, and one who takes an intentional false oath, no, he is not liable, just as he derives the case of an oath on a deposit from the case of misuse of consecrated property.
22. Babylonian Talmud, Nedarim, 28b, 62b, 28a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 95; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 95
28a. חוץ מבשבועה ובית הלל אומרים אף בשבועה,בית שמאי אומרים לא יפתח לו בנדר ובית הלל אומרים אף יפתח לו בית שמאי אומרים במה שהוא מדירו ובית הלל אומרים אף במה שאינו מדירו,כיצד אמר לו אמור קונם אשתי נהנית לי ואמר קונם אשתי ובני נהנין לי בית שמאי אומרים אשתו מותרת ובניו אסורין ובית הלל אומרים אלו ואלו מותרין:, 28a. except for by taking of an oath, due to its more stringent nature. And Beit Hillel say: One may mislead them even by taking an oath.,Beit Shammai say: When negotiating with a robber, one should not initiate by taking a vow for him unless the robber does not believe his claim, in which case he may take a vow to reinforce his words. And Beit Hillel say: He may even initiate by taking a vow to him. Beit Shammai say: One may take a vow only about that which the robber compels him to take a vow but may not add to it. And Beit Hillel say: One may take a vow even about that which he does not compel him to take a vow.,The mishna explains the previous statement: How so? If the extortionist said to him that he should say: Benefiting from me is konam for my wife if the vow is not true, and he said: Benefiting from me is konam for my wife and my children, Beit Shammai say: His wife is permitted to benefit from him, since the extortionist demanded that he take that vow, but his children, whom he added of his own accord, are prohibited from benefiting from their father. And Beit Hillel say: Both these and those are permitted to benefit from him.,But didn’t Shmuel say: The law of the kingdom is the law, i.e., there is a halakhic principle that Jews must obey the laws of the state in which they live? Since one must pay the tax determined by the kingdom, how did the Sages permit one to lie in order to avoid paying?,Rav Ḥina said that Rav Kahana said that Shmuel said: The mishna is referring to a tax collector who has no fixed amount for collection established by the kingdom, but rather collects the tax arbitrarily. Therefore, this case is not included in the law of the kingdom. A Sage of the school of Rabbi Yannai said: The mishna is referring to a tax collector who establishes himself as such independently and was not appointed by the kingdom.,§ The mishna states: He may also take a vow to them that his produce belongs to the house of the king, although it does not belong to the house of the king. The Gemara asks: How does he take a vow in this way? Rav Amram said that Rav said: This is a case where he said: The produce of the world should be forbidden to me if this produce does not belong to the house of the king.,The Gemara asks: Since he said that the produce of the world shall be forbidden to him, shouldn’t all the produce of the world is forbidden to him, as this produce did not belong to the house of the king? The Gemara answers: This is a case where he says: They shall be forbidden to me only today. The Gemara wonders: If he says: Today, the tax collector will not accept it as a vow, since it is not difficult to avoid eating produce for one day. Therefore, he may still be suspected of lying.,The Gemara answers: This is a case where he says: Today, in his heart but verbalizes the vow in an unspecified manner. And although we hold that unspoken matters that remain in the heart are not significant matters and are not taken into consideration, with regard to circumstances beyond one’s control it is different, and he is permitted to rely on the mental stipulation that he added in order to limit the duration of the prohibition effected by the vow.,§ The mishna states: Beit Shammai say that they may take a vow in such a case using every means of vowing except for an oath, while Beit Hillel say they may take a vow even using an oath. Beit Shammai say: One may vow only about that which the extortionist compels him to take a vow but may not add to it. And Beit Hillel say: One may take a vow even about that which he does not compel him to take a vow. How so? If the extortionist said to him that he should say: Benefiting from me is konam for my wife if the vow is not true, and he said: Benefiting from me is konam for my wife and my children, Beit Shammai say: His wife is permitted to benefit from him, since the extortionist demanded that he take that vow, but his children, whom he added of his own accord, are prohibited from benefiting from their father. And Beit Hillel say: Both these and those are permitted to benefit from him.,Rav Huna said that a Sage taught: Beit Shammai say that one may not initiate by taking an oath to him unless the extortionist does not believe his claim, and Beit Hillel say: He may even initiate by taking an oath to him. The Gemara asks: A precise analysis of the wording indicates that according to Beit Shammai it is only by taking an oath to him that one may not initiate, but one may initiate by taking a vow to him. Rav Huna asks: But didn’t we learn in the mishna that Beit Shammai say: He may not initiate by taking a vow to him?,Rav Huna asks another question: And furthermore, a precise analysis of the wording indicates that he may not initiate by taking an oath to him, but he may certainly vow with an oath if the tax collector insists on it; but didn’t we learn in the mishna that Beit Shammai say: They may take a vow in such a case using every means of vowing in order to mislead them except for by taking an oath, which indicates that one may not take an oath even if he does not initiate with one?,The Gemara resolves the contradiction: The mishna taught the halakha that pertains to a vow to convey to you the far-reaching nature of the opinion of Beit Shammai, who say that one may not initiate even with a vow. However, the baraita taught the halakha that pertains to an oath to convey to you the far-reaching nature of the opinion of Beit Hillel, who maintain that initiating even with an oath is permitted. It is apparent that according to Beit Shammai one may not initiate with a vow and may not take an oath at all. Therefore, the baraita cannot be used to infer Beit Shammai’s opinion concerning oaths.,Rav Ashi said the following to resolve the contradiction: This is what it is teaching: The baraita does not refer to a vow taken in the case of robbers or tax collectors. Rather, the dispute focuses on an entirely different topic: Beit Shammai say that there is no allowance for a request for dissolution of an oath, and the statement: He may not initiate, relates to a halakhic authority who seeks an opening to dissolve an oath. And Beit Hillel say there is an allowance for a request for dissolution of an oath.,These saplings are like an offering if they are not cut down, or: This garment is like an offering if it is not burned, these items are consecrated if the saplings remain standing or if the garment is not burned. In addition, they are subject to the possibility of redemption just as other items consecrated for maintece of the Temple may be redeemed. But if one said: These saplings are like an offering until they are cut down, or: This garment is like an offering until it is burned,
23. Babylonian Talmud, Avodah Zarah, 30a, 76b, 71a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Nikolsky and Ilan, Rabbinic Traditions Between Palestine and Babylonia (2014) 276; Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 108, 109; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 108, 109
71a. ורמינהי עיר שכבשוה כרקום כל כהנות שבתוכה פסולות אמר רב מרי לנסך אין פנאי לבעול יש פנאי:, 71a. And the Gemara raises a contradiction to the assumption that soldiers during wartime do not have time to commit transgressions from that which is taught in another mishna (Ketubot 27a): With regard to a city that was conquered by an army laying siege, all the women married to priests located in the city are unfit and forbidden to their husbands, due to the concern that they were raped. Rav Mari resolved the contradiction and said: They do not have time to pour wine for libations, as their passion for idolatry is not pressing at that time, but they have time to engage in intercourse, because their lust is great even during wartime.,Jewish craftsmen to whom a gentile sent a barrel of wine used for a libation in lieu of their wage, it is permitted for them to say to him: Give us its monetary value instead. But once it has entered into their possession, it is prohibited for them to say so, as that would be tantamount to selling the wine to the gentile and deriving benefit from it.,Rav Yehuda says that Rav says: It is permitted for a person to say to a gentile: Go and placate the collectors of the governmental tax on wine for me, and I will reimburse you subsequently, even if he pays the tax with wine used for a libation.,One of the Sages raised an objection from a baraita: A person may not say to a gentile: Go in my stead to the commissary [la’otzer] to pay the wine tax for me, if he pays it in wine used for a libation. Rav said to him: You say that the case I am referring to is similar to one who says to a gentile: Go in my stead to the commissary? In that case, since he says: In my stead, whatever the gentile gives the commissary is considered as though the Jew gave it himself. This case that I am referring to is comparable only to that which is taught in the baraita: But the Jew may say to a gentile: Save me from the commissary.,who sells his wine to a gentile, if he fixed a price before he measured the wine into the gentile’s vessel, deriving benefit from the money paid for the wine is permitted. It is not tantamount to selling wine used for a libation, as the gentile purchased the wine before it became forbidden, and the money already belonged to the Jew. But if the Jew measured the wine into the gentile’s vessel, thereby rendering it forbidden, before he fixed a price, the money paid for the wine is forbidden.,Ameimar says: The legal act of acquiring an object by pulling it applies to a gentile. Know that it is so, as those Persians send gifts [pardashnei] to one another and do not retract them, which shows that they acquire one from another by pulling the object alone, even without paying for it. Rav Ashi says: Actually, I will say to you that pulling an object does not acquire it in a transaction involving a gentile, and the fact that they do not retract their gifts is not due to the halakhot of acquisition but because they are taken over by haughtiness, and they consider it shameful to retract a gift.,Rav Ashi said: From where do I say that acquisition by pulling does not apply to gentiles? It is from that which Rav said to certain wine shopkeepers: When you measure wine for gentiles, take the dinars from them and then measure the wine for them. And if they do not have dinars with them readily available, lend them dinars and then take those dinars back from them, so that it will be a loan provided to them that they are repaying. As if you do not do so, when it becomes wine used for a libation it becomes so in your possession, and when you take the money it will be payment for wine used for a libation that you are taking. Rav Ashi concludes his proof for his opinion: And if it enters your mind that pulling an object acquires it in a transaction involving a gentile,
24. Babylonian Talmud, Bava Batra, 174b, 22a, 31a, 3b-4a, 54b, 65a, 73a, 73b, 173b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 411; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 94, 95, 96, 97, 98, 99, 100, 107, 108, 109
173b. ואם אמר לו על מנת שאפרע ממי שארצה יפרע מן הערב רשב"ג אומר אם יש נכסים ללוה בין כך ובין כך לא יפרע מן הערב,וכן היה רבן שמעון בן גמליאל אומר הערב לאשה בכתובתה והיה בעלה מגרשה ידירנה הנאה שמא יעשו קנוניא על נכסים של זה ויחזיר את אשתו:, 173b. But if the creditor said to the debtor: I am lending the money on the condition that I will collect the debt from whomever I wish, i.e., either the debtor or the guarantor, he can collect the debt from the guarantor. Rabban Shimon ben Gamliel says: If the debtor has property of his own, then whether in this case, where the creditor stipulated this condition, or that case, where he did not, he cannot collect the debt from the guarantor.,And so Rabban Shimon ben Gamliel would say: If there is a guarantor for a woman for her marriage contract, from whom the woman can collect payment of her marriage contract instead of collecting it from the husband, and her husband was divorcing her, the husband must take a vow prohibiting himself from deriving any benefit from her, so that he can never remarry her. This precaution is taken lest the couple collude [kenunya] to divorce in order to collect payment of the marriage contract from this guarantor’s property, and then the husband will remarry his wife.,What is the reason the guarantor’s commitment is limited? Rabba and Rav Yosef both say that the guarantor can tell the creditor: You gave a man over to me, to take responsibility for him if he dies or flees; I have given a man back to you. The debtor is here before you; take your money from him, and if he has nothing, suffer the loss yourself.,Rav Naḥman objects to this: This is Persian law.,The Gemara interjects: On the contrary, the Persian courts go after the guarantor directly, without even attempting to collect the debt from the debtor himself. Why, then, did Rav Naḥman say that excusing the guarantor from payment is Persian law?,The Gemara clarifies Rav Naḥman’s intent: Rather, Rav Naḥman meant to say that this kind of ruling would be appropriate for the members of a Persian court, who do not give a reason for their statements, but issue rulings by whim. Rav Naḥman was saying that it is not fair or logical to excuse the guarantor and cause a loss to the creditor who was depending on him.,Rather, Rav Naḥman said: What does the mishna mean when it says that the creditor cannot collect the debt from the guarantor? It means that he cannot claim payment from the guarantor at the outset, until after it is established that the debtor has no means to repay the debt. After the borrower defaults, the creditor can collect the debt from the guarantor.,This halakha is also taught in a baraita: One who lends money to another with the assurance of a guarantor cannot claim payment of the debt from the guarantor at the outset, rather, he must first attempt to collect the debt from the debtor. But if the creditor said to the debtor: I am lending the money on the condition that I will collect the debt from whomever I wish, he can claim payment of the debt from the guarantor at the outset, bypassing the debtor.,§ Rav Huna said: From where is it derived that a guarantor becomes obligated to repay a loan he has guaranteed? As it is written that Judah reassured his father concerning the young Benjamin: “I will be his guarantor; of my hand shall you request him” (Genesis 43:9). This teaches that it is possible for one to act as a guarantor that an item will be returned to the giver.,Rav Ḥisda objects to this: This incident involving Benjamin is not a case of a standard guarantor, but a case of an unconditional guarantee, as it is written, also in the context of Benjamin, that Reuben said: “Deliver him into my hand, and I will bring him back to you” (Genesis 42:37). One who undertakes unconditional responsibility for a loan has a different status than a standard guarantor, as will soon be elaborated. Therefore, a biblical source has yet to be adduced to teach that one can become a standard guarantor.,Rather, Rabbi Yitzḥak said that the source is from here: “Take his garment that is surety for a stranger; and hold him in pledge that is surety for an alien woman” (Proverbs 20:16). The verse advises a creditor to take the garment of the debtor’s guarantor as payment for the loan.,And it is stated: “My son, if you have become surety for your neighbor, if you have shaken your hands for a stranger, you have become ensnared by the words of your mouth, you have been caught by the words of your mouth. Do this now, my son, and save yourself, seeing that you have come into the hand of your neighbor: Go, humble yourself [hitrappes], and assemble your neighbors” (Proverbs 6:1–3). This last part of the passage means: If your neighbor’s money is in your possession, as you owe it as a guarantor, open up [hatter] the palm [pissat] of your hand and repay him. And if it is not money that you owe him, but rather “you have become ensnared by the words of your mouth” and owe him an apology for a personal slight, gather together many neighbors through which to seek his forgiveness.,§ Ameimar said: The issue of whether or not a guarantor in fact becomes obligated to repay the loan he has guaranteed is a dispute between Rabbi Yehuda and Rabbi Yosei. According to Rabbi Yosei, who says that a transaction with inconclusive consent [asmakhta] effects acquisition, a guarantor becomes obligated to repay the loan, whereas according to Rabbi Yehuda, who says that an asmakhta does not effect acquisition, a guarantor does not become obligated to repay the loan. Any obligation one undertakes that is dependent on the fulfillment of certain conditions that he does not expect will be fulfilled, in this case the debtor’s default on the loan, is considered an asmakhta.,Rav Ashi said to Ameimar that he was conflating these two issues: But it is a daily occurrence, i.e., it is taken for granted, that an asmakhta does not effect acquisition, and it is also taken for granted that a guarantor becomes obligated to repay the loan he has guaranteed.,Rather, Rav Ashi said: Through that satisfaction that the guarantor feels when the creditor trusts him and loans the money based on his guarantee, the guarantor resolves to obligate himself to repay the loan. Guaranteeing a loan is unlike a usual case of an obligation undertaken that is dependent on the fulfillment of certain conditions that he does not expect will be fulfilled, in which the commitment is not considered a real one. Here, the one obligating himself experiences a sense of satisfaction when the money is loaned to the debtor, and due to that, fully commits to fulfill his obligation.,§ The mishna teaches: But if the creditor said to the debtor: I am lending the money on the condition that I will collect the debt from whomever I wish, he can collect the debt from the guarantor. Rabba bar bar Ḥana says that Rabbi Yoḥa says: They taught this only when the debtor has no property of his own from which to repay the loan, but if the debtor has property the creditor cannot collect the debt from the guarantor.,The Gemara questions this assertion: But from the fact that the latter clause of the mishna teaches that Rabban Shimon ben Gamliel says: If the debtor has property of his own, then whether in this case, where the creditor stipulated this condition, or that case, where he did not, he cannot collect the debt from the guarantor, by inference one can understand that the first tanna maintains that there is no difference if it is like this and there is no difference if it is like that. Whether or not the debtor has property from which to repay the loan, the creditor can collect the debt from the guarantor.,The Gemara clarifies: The mishna is incomplete and this is what it is teaching: One who lends money to another with the assurance of a guarantor cannot collect the debt from the guarantor before first claiming the debt from the debtor. But if the creditor said to the debtor: I am lending the money on the condition that I will collect the debt from whomever I wish, he can collect the debt from the guarantor. In what case is this statement said? When the debtor has no property of his own from which to repay the debt; but if the debtor has property, the creditor cannot collect the debt from the guarantor. This is the halakha with regard to a standard guarantor, but in the case of an unconditional guarantor, even if the debtor has property of his own, the creditor can collect the debt from the unconditional guarantor.
25. Babylonian Talmud, Niddah, 13b, 13a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Fonrobert and Jaffee, The Cambridge Companion to the Talmud and Rabbinic Literature Cambridge Companions to Religion (2007) 182
13a. מתני׳ 13a. any hand that is diligent to examine bodily emissions to ascertain ritual impurity, among women such a hand is praiseworthy. But among men such a hand should be severed, as this action is apt to lead to a seminal emission for naught.,What is different about women and what is different about men, that women are praised for examining for bodily emissions while men are castigated for the same? The Gemara answers: Women are not susceptible to sexual arousal by this action, and therefore when a woman is diligent to examine herself she is considered praiseworthy; whereas men, who are susceptible to sexual arousal and may experience a seminal emission as a result of this contact, may not do so, and the hand of a man who conducts frequent examinations for emissions should be severed.,The Gemara asks: If so, why does the mishna state specifically among men that only the hand that is diligent to examine, i.e., that does so often, should be severed? Even when a man is not diligent to examine, but does so occasionally, this action is also apt to cause a seminal emission. The Gemara answers: When the mishna teaches: Any hand that is diligent to examine, it states this only with regard to women, as men should not examine even occasionally.,The Gemara continues to discuss the examination of men for seminal emissions. It is taught in a baraita: In what case is this statement, that men should not examine themselves, said? It is said with regard to an examination for semen. But with regard to a man who examines himself for gonorrhea-like discharge [zov], he too is praiseworthy for examining diligently, as women are. The reason is that a man who experiences two such discharges is ritually impure but is not obligated to bring an offering, whereas one who experiences three such emissions must bring an offering as a zav. Therefore, it is important for a man who experiences a gonorrhea-like discharge to examine and count his emissions carefully.,The baraita adds: And even with regard to semen, if one wants to examine himself with a rock or with a piece of earthenware, which are hard and will not warm the body, he may examine himself in this manner.,The Gemara asks: And may a man not examine himself with a linen cloth? But isn’t it taught in a baraita: A man may examine himself with a cloth, to see if he has emitted semen, or with any similar item that he wants? The Gemara answers: Just as Abaye said, with regard to a different issue, that it is referring to a coarse cloth, which will not warm one’s body, here too, the baraita is referring to a coarse cloth, which will not lead to a seminal emission.,The Gemara asks: And where was this statement of Abaye stated? It was stated with regard to that which we learned in a mishna (40a): If a priest was eating teruma and he sensed that his limbs quaked, indicating that a seminal emission was imminent, he should firmly hold his penis to prevent the emission from leaving his body, and swallow the teruma while ritually pure.,A difficulty was raised with regard to this mishna: May he actually hold his penis? But isn’t it taught in a baraita that Rabbi Eliezer says: With regard to anyone who holds his penis and urinates, it is considered as though he is bringing a flood to the world, as masturbation was one of the sins that led to the flood (Sanhedrin 108b)? Abaye says in resolution of this difficulty that the mishna is referring to one who holds his penis with a coarse cloth.,Rava says with regard to that mishna: You may even say that it is referring to a priest who holds his penis with a soft cloth, and the reason it is permitted is that once the semen has already been uprooted from his body, it is uprooted, and his subsequent holding of the penis, even with a soft cloth, does not increase the emission of semen. And Abaye prohibits the use of a soft cloth even here, as he is concerned that perhaps due to the contact of this cloth one might come to increase the emission of semen. But Rava is not concerned that perhaps one might come to increase the emission.,The Gemara asks: And is Rava not concerned for this possibility? But isn’t it taught in a baraita: To what is this repeated examination of a man comparable? To one who places a finger in his eye, for as long as the finger is in the eye, the eye will tear and continue to tear. Here too, the priest’s action will lead to an increased emission of semen.,The Gemara answers: And Rava would claim that if the priest’s limbs were not quaking and the semen was coming out in drops, there is indeed a concern that an examination might increase the emission. But when he feels his limbs quaking, this concern does not apply. The reason is that with regard to any warming of the body that leads to a seminal emission and that is then followed by another warming at the time when the semen is being uprooted, it is uncommon for the latter warming to increase the emission. Consequently, in this case the priest may hold his penis even with a soft cloth.,The Gemara discusses the matter itself. Rabbi Eliezer says: With regard to anyone who holds his penis and urinates, it is considered as though he is bringing a flood to the world. The Rabbis said to Rabbi Eliezer: But if one does not hold his penis, small drops are sprayed on his legs, and he appears as one whose penis has been severed. A man with that affliction is incapable of fathering children. People who see urine on his legs might suspect that he is suffering from that condition and as a result they will cast aspersions about his children and say that they are children born from a forbidden relationship [mamzerim].,Rabbi Eliezer said to them: It is preferable that people cast aspersions about his children that they are mamzerim, and he should not render himself wicked even one moment before the Omnipresent.,With regard to the same issue, it is taught in another baraita that Rabbi Eliezer said to the other Rabbis in response: It is possible for one to avoid spraying urine on his legs. How so? Let a person stand on an elevated place and urinate downward, or urinate into an area where there is loose soil, which absorbs the urine, so that it does not ricochet upward, and he should not render himself wicked even one moment before the Omnipresent.,The Gemara asks: Which of these replies did Rabbi Eliezer say to the Rabbis first? If we say that it was the first statement, i.e., that one should not hold his penis even if people might cast aspersions about his children, that he said to the Rabbis first, and subsequently he told them that there was a way to avoid urine being sprayed on his legs, this is difficult; after saying to them that it is a prohibition, would he then say to them a practical remedy? By saying that one can avoid urine being sprayed on his legs, Rabbi Eliezer indicated that if one cannot do so he may hold his penis, which contradicts his other statement.,Rather, clearly he said this practical solution to the Rabbis first, and they then said to him: If one does not have an elevated place or loose earth upon which he can urinate, what should he do? In response to this question, he said to them: It is preferable that people cast aspersions about his children that they are mamzerim, and he should not render himself wicked even one moment before the Omnipresent.,The Gemara asks: And why must one refrain to that extent from holding his penis? Because as the result of holding his penis he might emit semen for naught. As Rabbi Yoḥa says: Anyone who emits semen for naught is liable to receive the punishment of death at the hand of Heaven, as it is stated with regard to O, son of Judah: “And it came to pass, when he engaged in intercourse with his brother’s wife, that he spilled it on the ground, lest he should give seed to his brother. And the thing that he did was evil in the eyes of the Lord, and He slew him also” (Genesis 38:9–10).,Rabbi Yitzḥak and Rabbi Ami say: One who emits semen for naught is considered as though he sheds blood, as it is stated: “But draw near here, you sons of the sorceress, the seed of the adulterer and the harlot…Are you not children of transgression, a seed of falsehood, you that inflame yourselves among the terebinths, under every leafy tree, that slay [shoḥatei] the children in the valleys, under the clefts of the rocks?” (Isaiah 57:3–5). Do not read this word as shoḥatei; rather, read it as soḥatei, i.e., one who squeezes out [soḥet] semen is considered to have shed the blood of the children who could have been born from that seed.,Rav Asi says: It is considered as though he worships idols, as it is written here: “Under every leafy tree,” and it is written there, with regard to the mitzva of eradicating idols from Eretz Yisrael: “You shall destroy all the places, where the nations that you are to dispossess worshipped their gods, upon the high mountains, and upon the hills, and under every leafy tree” (Deuteronomy 12:2).,§ With regard to the issue of holding one’s penis for the purpose of urinating, the Gemara relates that Rav Yehuda and Shmuel were standing on the roof of the synagogue that was destroyed and rebuilt in Neharde’a. Rav Yehuda said to Shmuel: What can I do? I need to urinate. Shmuel said to him: Shina, hold your penis, so that the water does not fall onto the synagogue roof, and urinate outward, away from the synagogue.,The Gemara asks: How could Rav Yehuda do so? But isn’t it taught in a baraita that Rabbi Eliezer says: With regard to anyone who holds his penis and urinates, it is considered as though he is bringing a flood to the world?,Abaye says: The Sages rendered the halakhic status of this situation like that of a troop of marauders, as we learned in a mishna (Avoda Zara 70b): With regard to a troop of marauders that entered a town, if they did so in a time of peace, open casks of wine are forbidden, in case the marauders used the wine for libations in idol worship, whereas sealed casks are permitted. In a time of war, both these and those are permitted, because the marauders do not have leisure to pour libations. Evidently, since these marauders are afraid, they will not come to pour libations. Here too, in this incident involving Rav Yehuda, since he is afraid he will not come to have sexual thoughts.,The Gemara asks: And what fear is there here, in the case of Rav Yehuda? The Gemara explains: If you wish, say that there is the fear of the night and of the roof, i.e., that he might fall. And if you wish, say that the awe of his teacher, Shmuel, is upon him. And if you wish, say that the awe of the Divine Presence that dwells in the synagogue is upon Rav Yehuda. And if you wish, say that the awe of his Master, God, is upon him. Rav Yehuda was renowned for his fear of Heaven, as Shmuel declared about him: This one is not born of a woman, but is like an angel.,And if you wish, say a different answer, that Rav Yehuda was allowed to hold his penis while urinating because he was married; as Rav Naḥman said: If one is married, it is permitted for him to hold his penis while urinating, as his improper sexual urges are not as strong.,And if you wish, say that Shmuel ruled for Rav Yehuda in accordance with this baraita, which Abba, son of Rabbi Binyamin bar Ḥiyya, teaches: One may not hold the penis itself while urinating, but a man who wishes to urinate may assist the process by holding the testicles from below. Shmuel instructed Rav Yehuda to act in this manner. And if you wish, say that Shmuel ruled for Rav Yehuda in accordance with that which Rabbi Abbahu said that Rabbi Yoḥa says: There is a clear demarcation in the prohibition against holding one’s penis while urinating: From the corona and below, toward the tip of the penis, it is permitted to hold, as this will not lead to arousal.
26. Babylonian Talmud, Bava Qamma, 113a, 113b, 113b-114a, 117a, 117b, 82b-83a, 58b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 97; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 97
58b. ולאסטמורי בגוה תיקו,כיצד משלמת מה שהזיקה וכו': מנה"מ,אמר רב מתנה דאמר קרא (שמות כב, ד) ובער בשדה אחר מלמד ששמין על גב שדה אחר,האי ובער בשדה אחר מבעי ליה לאפוקי רה"ר,א"כ לכתוב רחמנא ובער בשדה חבירו א"נ שדה אחר מאי בשדה אחר ששמין על גב שדה אחר,ואימא כוליה להכי הוא דאתא לאפוקי רה"ר מנלן,אם כן לכתביה רחמנא גבי תשלומין (שמות כב, ד) מיטב שדהו ומיטב כרמו ישלם בשדה אחר ל"ל דכתביה רחמנא גבי ובער ש"מ תרתי,היכי שיימינן א"ר יוסי בר חנינא סאה בששים סאין ר' ינאי אמר תרקב בששים תרקבים חזקיה אמר קלח בששים קלחים,מיתיבי אכלה קב או קביים אין אומרים תשלם דמיהן אלא רואין אותה כאילו היא ערוגה קטנה ומשערים אותה מאי לאו בפני עצמה,לא בששים,ת"ר אין שמין קב מפני שמשביחו ולא בית כור מפני שפוגמו,מאי קאמר א"ר פפא ה"ק אין שמין קב בששים קבים מפני שמשביח מזיק ולא כור בששים כורין מפני שפוגם מזיק,מתקיף לה רב הונא בר מנוח האי ולא בית כור ולא כור מבעי ליה,אלא אמר רב הונא בר מנוח משמיה דרב אחא בריה דרב איקא הכי קתני אין שמין קב בפני עצמו מפני שמשביח ניזק ולא קב בבית כור מפני שפוגם ניזק אלא בששים,ההוא גברא דקץ קשבא מחבריה אתא לקמיה דריש גלותא א"ל לדידי חזי לי ותלתא תאלתא בקינא הוו קיימי והוו שוו מאה זוזי זיל הב ליה תלתין ותלתא ותילתא אמר גבי ריש גלותא דדאין דינא דפרסאה למה לי אתא לקמיה דר"נ א"ל בששים,א"ל רבא אם אמרו בנזקי ממונו יאמרו בנזקי גופו,אמר ליה אביי לרבא בנזקי גופו מאי דעתיך דתניא המבכיר כרמו של חבירו סמדר רואין אותו כמה היתה יפה קודם לכן וכמה היא יפה לאחר מכאן ואילו בששים לא קתני,אטו גבי בהמתו נמי מי לא תניא כי האי גוונא דתניא קטמה נטיעה רבי יוסי אומר גוזרי גזירות שבירושלים אומרים נטיעה בת שנתה שתי כסף בת שתי שנים ארבעה כסף אכלה חזיז רבי יוסי הגלילי אומר נידון במשוייר שבו וחכמים אומרים רואין אותה כמה היתה יפה וכמה היא יפה 58b. and taken care of it, and he bears responsibility for failing to do so. The dilemma shall stand unresolved.,§ The mishna teaches: How does the court appraise the value of the damage when the owner pays for what it damaged? The court appraises a large piece of land with an area required for sowing one se’a of seed [beit se’a] in that field, including the garden bed in which the damage took place, it appraises how much it was worth before the animal damaged it and how much is it worth now, and the owner must pay the difference. The Gemara asks: From where are these matters derived?,Rav Mattana says: As the verse states: “And it feed in another field [uvi’er bisde aḥer]” (Exodus 22:4). This teaches that the court appraises the damage relative to another field, i.e., relative to the damaged field as a whole and not an appraisal of only the specific garden bed that was damaged.,The Gemara asks: But this phrase: Uvi’er bisde aḥer,” can be understood as meaning: “And it feed in another’s field,” and accordingly, is necessary to teach that the owner is not liable unless it was a field with an owner, to exclude damage caused by an animal in the public domain, for which the owner is not liable.,The Gemara answers: If so, if this was the sole intention of the verse, let the Merciful One write in the Torah: And it feed in a field belonging to another [uvi’er bisde ḥaveiro], or alternatively, let it write: And it consume another field [sedeh aḥer].” What is conveyed by the particular expression: “In another field [bisde aḥer]”? It is to teach that the court appraises the damage relative to another field.,But why not say that this verse comes entirely for this purpose, i.e., to teach that the court appraises the damage relative to another field? And in that case, from where do we derive the exclusion of liability for damage by Eating in the public domain?,The Gemara answers: If it is so that the verse was referring solely to the method of appraising the damage, the Merciful One should have written this in the Torah in the context of payment, as follows: His best-quality field and the best quality of his vineyard he shall pay in another field (see Exodus 22:4), thereby adding the term: In another field, and, by extension, the directive concerning how the damage is appraised, to the verse discussing payment. Why do I need the Merciful One to write it in the context of the act of damaging, in the verse: “And it feed in another field”? Conclude two conclusions from it: The verse is referring to both the place where the damage occurred and the method by which the damage is appraised.,§ The Gemara asks: How do we, the court, appraise the value of the damage? Rabbi Yosei bar Ḥanina says: The court appraises the value of an area required for sowing one se’a of seed [beit se’a] relative to an area required for sowing sixty se’a of seed, and according to this calculation determines the value of the damage. Rabbi Yannai says: The court appraises each tarkav, equivalent to half a beit se’a, relative to an area of sixty tarkav. Ḥizkiyya says: The court appraises the value of each stalk eaten relative to sixty stalks.,The Gemara raises an objection from a baraita: If an animal ate one kav or two kav, the court does not say that the owner pays compensation according to their value, i.e., the value of the actual damage; rather, they view it as if it were a small garden bed and evaluate it accordingly. What, is it not that this means that the court evaluates that garden bed according to what it would cost if sold by itself, which contradicts all the previous explanations?,The Gemara rejects this interpretation: No, it means that the court appraises the value in relation to an area sixty times greater.,The Sages taught: When appraising the damage, the court does not appraise it based on an area of a beit kav, because doing so enhances his position, and they also do not appraise it relative to an area of a beit kor, equivalent to the area in which one can plant thirty se’a of seed, because this weakens his position.,The Gemara asks: What is this baraita saying? Rav Pappa said: This is what the baraita is saying: The court does not appraise the value of one kav relative to an area of sixty kav, which, being too large for an individual but too small for a trader, is always sold in the market at a lower price, because that would enhance the position of the one liable for damage. Conversely, the court does not appraise the value of a kor relative to an area of sixty kor, an area so large that it is purchased only by a person with a specific need and therefore for a high price, because that would weaken the position of the one liable for damage.,Rav Huna bar Manoaḥ objects to this: According to this interpretation, this term employed by the baraita: And they also do not appraise it relative to an area of a beit kor, is imprecise. According to the explanation of Rav Pappa, the baraita should have said: And they also do not appraise it relative to a kor, to parallel the term in the previous clause: A kav.,Rather, Rav Huna bar Manoaḥ said in the name of Rav Aḥa, son of Rav Ika, that this is what the baraita is teaching: The court does not appraise a kav by itself, because that would enhance the position of the injured party, nor does the court appraise a kav as one part of a beit kor, because that would weaken the position of the injured party, since damage inside such a large area is insignificant. Rather, the court appraises the damage in relation to an area sixty times greater than the area that was damaged.,§ The Gemara relates: There was a certain man who cut down a date palm [kashba] belonging to another. The latter came with the perpetrator for arbitration before the Exilarch. The Exilarch said to the perpetrator: I personally saw that place where the date palm was planted, and it actually contained three date palms [talata] standing together in a cluster, growing out of a single root, and they were worth altogether one hundred dinars. Consequently, since you, the perpetrator, cut down one of the three, go and give him thirty-three and one-third dinars, one third of the total value. The perpetrator rejected this ruling and said: Why do I need to be judged by the Exilarch, who rules according to Persian law? He came before Rav Naḥman for judgment in the same case, who said to him: The court appraises the damage in relation to an area sixty times greater than the damage caused. This amount is much less than thirty-three and one-third dinars.,Rava said to Rav Naḥman: If the Sages said that the court appraises damage caused by one’s property, such as his animal, relative to an area sixty times greater, would they also say that the court appraises damage relative to an area sixty times greater even for direct damage caused by one’s body?,Abaye said to Rava: With regard to damage caused by one’s body, what is your opinion? Are you basing your opinion on the following, as it is taught in a baraita: If one destroys the vineyard of another while the grapes are budding [semadar], the court views how much the vineyard was worth before he destroyed it, and how much it is worth afterward. Abaye states the inference: Whereas, the method of appraising one part in sixty is not taught. Is the basis of your ruling the fact that in this baraita that discusses damage caused directly by a person, the method of appraising one part in sixty is not mentioned?,Abaye continued: Is that to say that with regard to damage caused by an animal it is not taught in a mishna or baraita without mentioning the method of appraising one part in sixty like this case? But this is not so, as it is taught in a baraita: If an animal broke down a sapling that had not yet borne fruit, Rabbi Yosei says: Those who issue decrees in Jerusalem say that the damages are determined based on a fixed formula: If the sapling was in its first year, the owner of the animal pays two pieces of silver; if the sapling was two years old, he pays four pieces of silver. If the animal ate unripe blades of grain used for pasture, Rabbi Yosei HaGelili says: It is judged according to what remains of it, i.e., the court waits until the rest of the field ripens and then appraises the value of what was previously eaten. And the Rabbis say: The court views how much the field was worth before he destroyed it, and how much it is worth now.
27. Babylonian Talmud, Betzah, 22a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •sasanian persia, law •law, sasanian law Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 413
28. Babylonian Talmud, Berachot, 20a, 28a, 58a, 60a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 100; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 100
60a. מכלל דכי קנה וחזר וקנה דברי הכל אין צריך לברך,וא"ד אמר רב הונא לא שנו אלא שלא קנה וחזר וקנה אבל קנה וחזר וקנה אין צריך לברך ור' יוחנן אמר אפילו קנה וחזר וקנה צריך לברך מכלל דכי יש לו וקנה דברי הכל צריך לברך,מיתיבי בנה בית חדש ואין לו כיוצא בו קנה כלים חדשים ואין לו כיוצא בהם צריך לברך יש לו כיוצא בהם אין צריך לברך דברי ר"מ ר' יהודה אומר בין כך ובין כך צריך לברך,בשלמא ללישנא קמא רב הונא כר"מ ורבי יוחנן כרבי יהודה אלא ללישנא בתרא בשלמא רב הונא כרבי יהודה אלא רבי יוחנן דאמר כמאן לא כר"מ ולא כרבי יהודה,אמר לך רבי יוחנן הוא הדין דלרבי יהודה קנה וחזר וקנה נמי צריך לברך והא דקא מיפלגי ביש לו וקנה להודיעך כחו דר"מ דאפי' קנה ויש לו אין צריך לברך וכל שכן קנה וחזר וקנה דאין צריך לברך,וליפלגו בקנה וחזר וקנה דאין צריך לברך להודיעך כחו דר' יהודה כח דהתירא עדיף ליה:,מברך על הרעה כו':,היכי דמי כגון דשקל בדקא בארעיה אף על גב דטבא היא לדידיה דמסקא ארעא שירטון ושבחא השתא מיהא רעה היא:,ועל הטובה כו':,היכי דמי כגון דאשכח מציאה אף על גב דרעה היא לדידיה דאי שמע בה מלכא שקיל לה מיניה השתא מיהא טובה היא:,היתה אשתו מעוברת ואמר יהי רצון שתלד כו' הרי זו תפלת שוא:,ולא מהני רחמי מתיב רב יוסף (בראשית ל, כא) ואחר ילדה בת ותקרא את שמה דינה מאי ואחר אמר רב לאחר שדנה לאה דין בעצמה ואמרה י"ב שבטים עתידין לצאת מיעקב ששה יצאו ממני וארבעה מן השפחות הרי עשרה אם זה זכר לא תהא אחותי רחל כאחת השפחות מיד נהפכה לבת שנא' ותקרא את שמה דינה אין מזכירין מעשה נסים,ואיבעית אימא מעשה דלאה בתוך ארבעים יום הוה כדתניא שלשה ימים הראשונים יבקש אדם רחמים שלא יסריח משלשה ועד ארבעים יבקש רחמים שיהא זכר מארבעים יום ועד שלשה חדשים יבקש רחמים שלא יהא סנדל משלשה חדשים ועד ששה יבקש רחמים שלא יהא נפל מששה ועד תשעה יבקש רחמים שיצא בשלום,ומי מהני רחמי והא"ר יצחק בריה דרב אמי איש מזריע תחלה יולדת נקבה אשה מזרעת תחלה יולדת זכר שנאמר (ויקרא יב, ב) אשה כי תזריע וילדה זכר הכא במאי עסקינן כגון שהזריעו שניהם בבת אחת:,היה בא בדרך:,ת"ר מעשה בהלל הזקן שהיה בא בדרך ושמע קול צוחה בעיר אמר מובטח אני שאין זה בתוך ביתי ועליו הכתוב אומר (תהלים קיב, ז) משמועה רעה לא יירא נכון לבו בטוח בה' אמר רבא כל היכי דדרשת להאי קרא מרישיה לסיפיה מדריש מסיפיה לרישיה מדריש מרישיה לסיפיה מדריש משמועה רעה לא יירא מה טעם נכון לבו בטוח בה' מסיפיה לרישיה מדריש נכון לבו בטוח בה' משמועה רעה לא יירא,ההוא תלמידא דהוה קא אזיל בתריה דרבי ישמעאל ברבי יוסי בשוקא דציון חזייה דקא מפחיד אמר ליה חטאה את דכתיב (ישעיהו לג, יד) פחדו בציון חטאים אמר ליה והכתיב (משלי כח, יד) אשרי אדם מפחד תמיד אמר ליה ההוא בדברי תורה כתיב,יהודה בר נתן הוה שקיל ואזיל בתריה דרב המנונא אתנח אמר ליה יסורים בעי ההוא גברא לאתויי אנפשיה דכתיב (איוב ג, כה) כי פחד פחדתי ויאתיני ואשר יגורתי יבא לי והא כתיב אשרי אדם מפחד תמיד ההוא בדברי תורה כתיב:,הנכנס לכרך:,תנו רבנן בכניסתו מהו אומר יהי רצון מלפניך ה' אלהי שתכניסני לכרך זה לשלום נכנס אומר מודה אני לפניך ה' אלהי שהכנסתני לכרך זה לשלום בקש לצאת אומר יהי רצון מלפניך ה' אלהי ואלהי אבותי שתוציאני מכרך זה לשלום יצא אומר מודה אני לפניך ה' אלהי שהוצאתני מכרך זה לשלום וכשם שהוצאתני לשלום כך תוליכני לשלום ותסמכני לשלום ותצעידני לשלום ותצילני מכף כל אויב ואורב בדרך,אמר רב מתנא ל"ש אלא בכרך שאין דנין והורגין בו אבל בכרך שדנין והורגין בו לית לן בה,א"ד אמר רב מתנא אפילו בכרך שדנין והורגין בו זימנין דלא מתרמי ליה אינש דיליף ליה זכותא,ת"ר הנכנס לבית המרחץ אומר יהי רצון מלפניך יי' אלהי שתצילני מזה ומכיוצא בו ואל יארע בי דבר קלקלה ועון ואם יארע בי דבר קלקלה ועון תהא מיתתי כפרה לכל עונותי,אמר אביי לא לימא אינש הכי דלא לפתח פומיה לשטן דאמר ר"ל וכן תנא משמיה דר' יוסי לעולם אל יפתח אדם פיו לשטן,אמר רב יוסף מאי קראה דכתיב (ישעיהו א, ט) כמעט כסדום היינו לעמורה דמינו מאי אהדר להו נביא שמעו דבר יי' קציני סדום וגו',כי נפיק מאי אומר א"ר אחא מודה אני לפניך יי' אלהי שהצלתני מן האור,ר' אבהו על לבי בני אפחית בי בני מתותיה אתרחיש ליה ניסא קם על עמודא שזיב מאה וחד גברי בחד אבריה אמר היינו דר' אחא,דאמר רב אחא הנכנס להקיז דם אומר יהי רצון מלפניך יי' אלהי שיהא עסק זה לי לרפואה ותרפאני כי אל רופא נאמן אתה ורפואתך אמת לפי שאין דרכן של בני אדם לרפאות אלא שנהגו,אמר אביי לא לימא אינש הכי דתני דבי רבי ישמעאל (שמות כא, יט) ורפא ירפא מכאן שניתנה רשות לרופא לרפאות,כי קאי מאי אומר אמר רב אחא ברוך רופא חנם 60a. The Gemara deduces: This proves by inference that if he purchases a new object and then purchases a similar object, everyone agrees that he is not required to recite a blessing, as he has already recited a blessing over the purchase of that type of item.,Some say a different version of this dispute: Rav Huna said: They only taught that one recites the blessing: Who has given us life, on a new vessel if he did not purchase that item in the past and purchased the item now, for the first time. However, if he purchased that item in the past and purchased the item again, he need not recite a blessing. And Rabbi Yoḥa said: Even if one purchased that item in the past and purchased a similar item again, he must recite a blessing. This proves by inference that if one already has a vessel and then purchased similar vessels, everyone agrees that he must recite a blessing.,The Gemara raises an objection based on what was taught in a baraita: One who built a new house and does not already own a similar house, or purchased new vessels and does not already own similar vessels, must recite a blessing. However, if he already owns a similar one, he need not recite a blessing, this is the statement of Rabbi Meir. Rabbi Yehuda, on the other hand, says: In either case, he must recite a blessing.,The Gemara asks: Granted, according to the first version of the dispute between Rav Huna and Rabbi Yoḥa, one could say that Rav Huna holds in accordance with the opinion of Rabbi Meir, and that Rabbi Yoḥa holds in accordance with the opinion of Rabbi Yehuda. However, according to the latter version of the dispute, granted, Rav Huna holds in accordance with the opinion of Rabbi Yehuda, but in accordance with whose opinion did Rabbi Yoḥa state his opinion? His statement is neither in accordance with the opinion of Rabbi Meir nor in accordance with the opinion of Rabbi Yehuda.,The Gemara responds: Rabbi Yoḥa could have said to you: The same is true according to Rabbi Yehuda’s opinion; in a case where one has purchased an item in the past and purchased a similar item again, he must recite a blessing. The fact that they only disagreed with regard to a case where he already owned similar vessels and he purchased new ones does not indicate that this is their only disagreement. The dispute was presented in this way to convey the far-reaching nature of Rabbi Meir’s opinion; even in a case where one purchased an item while owning a similar item, he need not recite a blessing; all the more so in a case where he purchased an item and then purchased a similar item again, he need not recite a blessing.,The Gemara asks: And if that is the reason for presenting the dispute in this manner, let them disagree with regard to a case where one purchased an item in the past and then purchased a similar item again, where according to Rabbi Meir one need not recite a blessing, in order to convey the far-reaching nature of Rabbi Yehuda’s opinion; as Rabbi Yehuda requires a blessing in that case. The Gemara responds: The Gemara preferred the version before us in order to demonstrate the extent to which Rabbi Meir was lenient in not requiring a blessing because the strength of leniency is preferable.,We learned in the mishna: One recites a blessing for the bad that befalls him just as he does for the good. This is to say that one recites the blessing appropriate for the present situation even if it is bad, despite the fact that it may develop into a positive situation in the future.,The Gemara asks: What are the circumstances? The Gemara explains: In a case where a dam was breached and water flowed onto one’s land, despite the fact that this will ultimately be beneficial for him, for his land will be covered with sediment from the flowing water which will enhance the quality of his soil, it is nonetheless bad at present.,One must recite a blessing for the good that befalls him just as for the bad.,The Gemara asks: What are the circumstances? The Gemara explains: In a case where one found a lost object, despite the fact that it is ultimately bad for him because if the king heard about it, he would certainly take it from him. At that time, the law deemed all found objects the property of the king’s treasury and one who did not report such an object would be punished. Nevertheless, it is favorable at present.,We learned in the mishna: One whose wife was pregt and he said: May it be God’s will that my wife will give birth to a male child, it is a vain prayer.,Is a prayer in that case ineffective? Rav Yosef raises an objection based on a baraita: It is stated: “And afterwards she bore a daughter, and called her name Dina” (Genesis 30:21). The Gemara asks: What is meant by the addition of the word: Afterwards? What does the verse seek to convey by emphasizing that after the birth of Zebulun she gave birth to Dina? Rav said: After Leah passed judgment on herself and said: Twelve tribes are destined to descend from Jacob, six came from me and four from the maidservants, that is ten, and if this fetus is male, my sister Rachel will not even be the equivalent of one the maidservants; immediately the fetus was transformed into a daughter, as it is stated: And she called her name Dina; meaning she named her after her judgment [din]. The Gemara rejects this: One does not mention miraculous acts to teach general halakha.,The Gemara introduces an alternative explanation: And if you wish, say instead that the story of Leah and her prayer with regard to the fetus was within forty days of conception. As it was taught in a baraita: During the first three days after intercourse, one should pray that the seed not putrefy, that it will fertilize the egg and develop into a fetus. From the third day until the fortieth, one should pray that it will be male. From the fortieth day until three months, one should pray that it will not be deformed, in the shape of a flat fish, as when the fetus does not develop it assumes a shape somewhat similar to a flat sandal fish. From the third month until the sixth, one should pray that it will not be stillborn. And from the sixth month until the ninth, one should pray that it will be emerge safely. Therefore, during the first forty days from conception, one may still pray to affect the gender of the fetus.,The Gemara asks: Is prayer effective for that purpose? Didn’t Rav Yitzḥak, son of Rav Ami, say: The tradition teaches that the gender of the fetus is determined at the moment of conception. If the man emits seed first, his wife gives birth to a female; if the woman emits seed first, she gives birth to a male, as it is stated: “When a woman emitted seed and bore a male” (Leviticus 12:2). The Gemara answers: With what are we dealing here? We are dealing with a case where they both emit seed simultaneously. In that case, the gender is undetermined and prayer may be effectual.,We learned in the mishna: One who was walking along the way and heard a scream from the city, and says: May it be God’s will that this scream will not be from my house, it is a vain prayer.,The Sages taught: There was an incident involving Hillel the Elder, who was coming on the road when he heard a scream in the city. He said: I am certain that the scream is not coming from my house. And of him, the verse says: “He shall not be afraid of evil tidings; his heart is steadfast, trusting in the Lord” (Psalms 112:7). Rava said: Any way that you interpret this verse, its meaning is clear. It can be interpreted from beginning to end or it can be interpreted from end to beginning. The Gemara explains: It can be interpreted from beginning to end: Why is it that: He shall not be afraid of evil tidings? Because his heart is steadfast, trusting in the Lord. The Gemara continues: And it can be interpreted from end to beginning: One whose heart is steadfast, trusting in the Lord is a person who shall not be afraid of evil tidings.,The Gemara relates: This student was once walking after Rabbi Yishmael, son of Rabbi Yosei, in the marketplace of Zion. Rabbi Yishmael saw that the student was afraid. He said to him: You are a sinner, as it is written: “The transgressors in Zion are afraid, trembling has seized the ungodly” (Isaiah 33:14). The student replied: And is it not written: “Happy is the man that fears always” (Proverbs 28:14)? Rabbi Yishmael said to him: That verse is written with regard to matters of Torah, that one should be afraid lest he forget them. For everything else, one must trust in God.,In a similar vein, the Gemara relates: Yehuda bar Natan was coming and going after Rav Hamnuna. Yehuda bar Natan sighed; Rav Hamnuna said to him: Do you wish to bring suffering upon yourself; as it is stated: “For that which I did fear is come upon me, and that which I was afraid of has overtaken me” (Job 3:25)? He responded: Is it not said: “Happy is the man who fears always”? Rav Hamnuna answered: That verse is written with regard to matters of Torah.,We learned in the mishna: One who enters a large city recites two prayers; Ben Azzai says he recites four prayers.,The Sages taught the details of Ben Azzai’s teaching in a baraita: rUpon his entrance to the city what does he recite? rMay it be Your will, O Lord my God, that You bring me into this city to peace. rAfter he entered the city, he recites: I thank You, O Lord my God, that You brought me into this city to peace. rWhen he seeks to leave the city, he recites: May it be Your will, O Lord my God and God of my ancestors, that You take me out of this city to peace. rAfter he left, he recites: I give thanks before You, O Lord my God, that You took me out of this city to peace; rand just as You took me out to peace, rso too lead me to peace, support me to peace, direct my steps to peace, rand rescue me from the hand of any enemy or those lying in ambush along the way.,Rav Mattana said: This was taught only with regard to a city where criminals are not tried and executed, as in a place like that he may be killed without trial. However, in a city where criminals are tried and executed, these prayers do not apply, as if one is not guilty he will not be harmed.,Some say that Rav Mattana said the opposite: Even in a city where criminals are tried and executed one must pray for mercy, as sometimes he may not encounter a person who will plead in his favor.,The Sages taught: One who enters a Roman bathhouse, where a fire burns beneath the pool of water used for bathing, and where there is the risk of collapse, says: rMay it be Your will, O Lord my God, that you save me from this and similar matters, rand do not let ruin or iniquity befall me, rand if ruin or iniquity does befall me, let my death be atonement for all of my transgressions.,Abaye said: One should not say: If ruin befalls me, so as not to open his mouth to Satan and provoke him. As Rabbi Shimon ben Lakish said and as it was taught in a baraita in the name of Rabbi Yosei: One should never open his mouth to Satan by raising, at his own initiative, the possibility of mishap or death.,Rav Yosef said: What is the verse that alludes to this? As it is written: “We should have almost been as Sodom, we should have been like unto Gomorrah” (Isaiah 1:9), after which what did the prophet reply to them? “Hear the word of the Lord, rulers of Sodom; give ear unto the law of our God, people of Gomorrah” (Isaiah 1:10). After the analogy to Sodom was raised, it was realized.,Returning to the subject of the Roman bathhouse, the Gemara asks: When he emerges from the bathhouse, what does he say? Rav Aḥa said: I give thanks to You, Lord, that You saved me from the fire.,The Gemara relates: Rabbi Abbahu entered a bathhouse when the bathhouse floor collapsed beneath him and a miracle transpired on his behalf. He stood on a pillar and saved one hundred and one men with one arm. He held one or two people in his arm, with others holding on them and so on, so that all were saved. He said: This is confirmation of the statement of Rav Aḥa, who said that one should offer thanks upon leaving the bathhouse safely.,As Rav Aḥa said: One who enters to let blood says: rMay it be Your will, O Lord my God, rthat this enterprise be for healing and that You should heal me. rAs You are a faithful God of healing and Your healing is truth. rBecause it is not the way of people to heal, but they have become accustomed. rRav Aḥa is saying that people should not practice medicine as they lack the ability to heal; rather, healing should be left to God.,Abaye responded and said: One should not say this, as it was taught in the school of Rabbi Yishmael that from the verse, “And shall cause him to be thoroughly healed” (Exodus 21:19), from here we derive that permission is granted to a doctor to heal. The practice of medicine is in accordance with the will of God.,As for bloodletting, the Gemara asks: When one stands after having let blood, what does he say? Rav Aḥa said: He recites in gratitude: Blessed…Who heals without payment.
29. Babylonian Talmud, Bava Metzia, 108a, 24a, 28b, 30b, 47b, 48a, 49b, 53b, 54a, 71a, 71b, 14b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Nikolsky and Ilan, Rabbinic Traditions Between Palestine and Babylonia (2014) 274
30. Babylonian Talmud, Gittin, 16b-17a, 28b, 40a, 68a, 68b, 10b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 95; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 95
10b. דאי לאו דכותי חבר הוה לא מחתים ליה מקמיה אי הכי אפילו שאר שטרות נמי,אלא אמרינן רווחא שבק למאן דקשיש מיניה הכא נמי רווחא שבק למאן דקשיש מיניה,א"ר פפא זאת אומרת עדי הגט אין חותמין זה בלא זה,מאי טעמא אמר רב אשי גזירה משום כולכם,גופא אמר רבי אלעזר לא הכשירו בו אלא עד אחד כותי בלבד מאי קמ"ל תנינא כל גט שיש עליו עד כותי פסול כו',אי ממתניתין הוה אמינא אפי' תרי נמי והאי דקתני חד משום דבשטרות אפי' חד נמי לא קמ"ל,ותרי לא והא קתני מעשה והביאו לפני רבן גמליאל לכפר עותנאי גט אשה והיו עדיו עדי כותים והכשיר אמר אביי תני עדו,רבא אמר לעולם תרי ורבן גמליאל מיפלג פליג וחסורי מיחסרא והכי קתני ורבן גמליאל מכשיר בשנים ומעשה נמי שהביאו לפני רבן גמליאל לכפר עותנאי גט אשה והיו עדיו עדי כותים והכשיר:, 10b. as, if not for the fact that the Samaritan was one devoted to the meticulous observance of mitzvot [ḥaver], the Jew would not have allowed him to sign the document before him. Therefore, one may rely on this Samaritan in this particular case. The Gemara asks: If so, that the mishna is referring to that case, then even other documents should be valid as well, if a Jew signed after the Samaritan.,Rather, this is not the case with regard to other documents, as we say that the fact that the Jew signed last does not prove that this Samaritan was a ḥaver, as perhaps in signing last he was leaving space above his signature for one who was older than he is in deference to the elder, and instead, a Samaritan came and signed the document. The Gemara asks: Here too, in the case of a bill of divorce, perhaps he was leaving space above his signature for one who was his elder. Why, then, are bills of divorce and bills of manumission valid while other documents are not?,Rav Pappa says: That is to say, in explanation of the difference between bills of divorce and manumission and other documents, that the witnesses of a bill of divorce and a bill of manumission may not sign one without the other; rather, each witness signs in the presence of the other. A Jew would be aware that a Samaritan was signing with him, and he would not sign unless he knew that the Samaritan was a valid witness. However, with regard to other documents, witnesses are not required to sign such documents in each other’s presence. Therefore, the signature of the Jew indicates nothing about the fitness of the Samaritan witness.,The Gemara asks: What is the reason that the witnesses must sign a bill of divorce and a bill of manumission together? Rav Ashi says: It is a rabbinic decree issued due to a case where the husband says: All of you are witnesses on this bill of divorce. In that case, if any one of them fails to sign the bill of divorce, it is invalid. Therefore, the Sages decreed that the witnesses must sign a bill of divorce together in all cases.,§ Since the Gemara mentioned the halakha stated by Rabbi Elazar, it analyzes the matter itself. Rabbi Elazar says: They deemed a bill of divorce valid only when just one witness is a Samaritan. The Gemara asks: What is he teaching us by this statement? We already learned in the mishna: Any document that has a Samaritan witness on it is invalid except for bills of divorce and bills of manumission. This indicates that those are valid only if they have the signature of one Samaritan witness, not two.,The Gemara responds: If it is learned from the mishna alone I would have said that even two Samaritan witnesses are also valid for a bill of divorce or a bill of manumission. And the fact that the mishna teaches one witness is because it wants to emphasize that for other documents even one Samaritan witness is also not valid. Therefore, Rabbi Eliezer teaches us that in the case of bills of divorce only one Samaritan witness is valid, but if both witnesses are Samaritans the bill of divorce is not valid.,The Gemara asks: And are two Samaritan witnesses not accepted on a bill of divorce? But the mishna teaches: An incident occurred in which they brought a bill of divorce before Rabban Gamliel in the village of Otnai, and its witnesses were Samaritan witnesses, and he deemed it valid. Abaye said that one should teach the mishna so that it does not read: Its witnesses, but rather: Its witness, i.e., Rabban Gamliel deemed valid a bill of divorce that had the signature of one Samaritan witness, as even he would invalidate a bill of divorce that included the signatures of two Samaritans.,Rava said: Actually, you do not need to say that the case was concerning one Samaritan witness, as it indeed is referring to two Samaritans witnesses, and Rabban Gamliel disagrees with the opinion of the first tanna. And the mishna is incomplete and this is what it is teaching: And Rabban Gamliel deems valid a bill of divorce that contains the signatures of two Samaritans, and an incident occurred in which they brought a bill of divorce before Rabban Gamliel in the village of Otnai, and its witnesses were Samaritan witnesses, and he deemed it valid.,all documents produced in gentile courts, even though their signatures are those of gentiles they are all valid, except for bills of divorce and bills of manumission. Rabbi Shimon says: Even these are valid, as these two types of documents are mentioned only when they are prepared by a common person, not in court.,tanna categorically teaches a general halakha in the mishna, and it is no different if it is a document concerning a sale and it is no different if it is a document concerning a gift, the document is valid in both cases.,The Gemara asks: Granted, in the case of a sale this is reasonable, as from when the buyer gave money to the seller in the presence of the gentile judges he has acquired the property, since he has performed an act of acquisition. And the document is merely a proof for the acquisition. It must be that he already acquired the property in question, as if he had not given money in their presence the court would not act to its own detriment and write a document for him, as the document detailing the sale would not be accurate, and writing such a document would reflect poorly on them. Therefore, the document clearly serves as proof that the acquisition was performed in the correct manner.,However, with regard to a gift, by what means does the one who receives the gift acquire it from the giver? Is it not via this document? And yet this document is merely a shard, as a document written by gentiles is not considered a legal document according to halakha. Shmuel said: The law of the kingdom is the law, i.e., Jews must obey the laws of the state in which they live. Consequently, every form of property transfer accepted by local law is valid according to halakha as well.,And if you wish, say that one should emend the text of the mishna, and teach: They are all valid except for documents that are like bills of divorce. In other words, the distinction is between different types of documents: Documents that are meant to serve only as proof are valid even if they were produced in gentile courts, whereas documents that effect a legal act, such as bills of divorce, are invalid if they were written in a gentile court.,§ The mishna taught that Rabbi Shimon says: Even these bills of divorce and bills of manumission are valid if they were written in a gentile court and were signed by gentiles. The Gemara asks: How can Rabbi Shimon rule in this manner? But gentiles are not fit for this role, as they are not subject to the halakhot concerning scrolls of severance. Since the halakhot of marriage and divorce in the Torah are stated exclusively with regard to Jews, gentiles cannot serve in any capacity in cases of this kind.,Rabbi Zeira says: Rabbi Shimon follows the opinion of Rabbi Elazar, who says that the witnesses of the transmission of the bill of divorce effect the divorce. In other words, the signing of the bill of divorce is not essential to its effectiveness. Rather, the transfer of the bill of divorce completes the act of divorce, and therefore no attention is paid to who the signatories were.,The Gemara raises a difficulty: But doesn’t Rabbi Abba say that although he considers a bill of divorce valid even without the signature of witnesses, Rabbi Elazar concedes with regard to a document whose falsification is inherent in it that it is invalid despite the fact that it was properly transferred. In other words, notwithstanding the halakha that the signatures on a bill of divorce are unnecessary, a document that includes invalid signatures is thereby invalidated. The reason is that there is a concern that people will rely upon these witnesses. The Gemara answers: With what are we dealing here?
31. Babylonian Talmud, Hagigah, 14b-15a, 5b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 100; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 100
5b. אינו מהם אמרו ליה רבנן לרבא מר לא בהסתר פנים איתיה ולא בוהיה לאכול איתיה אמר להו מי ידעיתו כמה משדרנא בצנעא בי שבור מלכא אפי' הכי יהבו ביה רבנן עינייהו אדהכי שדור דבי שבור מלכא וגרבוהו אמר היינו דתניא אמר רבן שמעון בן גמליאל כל מקום שנתנו חכמים עיניהם או מיתה או עוני,(דברים לא, יח) ואנכי הסתר אסתיר פני ביום ההוא אמר רבא אמר הקב"ה אף על פי שהסתרתי פני מהם בחלום אדבר בו רב יוסף אמר ידו נטויה עלינו שנאמר (ישעיהו נא, טז) ובצל ידי כסיתיך,ר' יהושע בן חנניה הוה קאי בי קיסר אחוי ליה ההוא אפיקורוסא עמא דאהדרינהו מריה לאפיה מיניה אחוי ליה ידו נטויה עלינו אמר ליה קיסר לר' יהושע מאי אחוי לך עמא דאהדרינהו מריה לאפיה מיניה ואנא מחוינא ליה ידו נטויה עלינו,אמרו ליה לההוא מינא מאי אחויית ליה עמא דאהדרינהו מריה מיניה ומאי אחוי לך לא ידענא אמרו גברא דלא ידע מאי מחוו ליה במחוג יחוי קמי מלכא אפקוהו וקטלוהו,כי קא ניחא נפשיה דרבי יהושע בן חנניה אמרו ליה רבנן מאי תיהוי עלן מאפיקורוסין אמר להם (ירמיהו מט, ז) אבדה עצה מבנים נסרחה חכמתם כיון שאבדה עצה מבנים נסרחה חכמתן של אומות העולם,ואי בעית אימא מהכא (בראשית לג, יב) ויאמר נסעה ונלכה ואלכה לנגדך,רבי אילא הוה סליק בדרגא דבי רבה בר שילא שמעיה לינוקא דהוה קא קרי (עמוס ד, יג) כי הנה יוצר הרים ובורא רוח ומגיד לאדם מה שיחו אמר עבד שרבו מגיד לו מה שיחו תקנה יש לו מאי מה שיחו אמר רב אפילו שיחה יתירה שבין איש לאשתו מגידים לו לאדם בשעת מיתה,איני והא רב כהנא הוה גני תותי פורייה דרב ושמעיה דסח וצחק ועשה צרכיו אמר דמי פומיה דרב כמאן דלא טעים ליה תבשילא אמר ליה כהנא פוק לאו אורח ארעא,לא קשיא כאן דצריך לרצויה הא דלא צריך לרצויה,(ירמיהו יג, יז) ואם לא תשמעוה במסתרים תבכה נפשי מפני גוה אמר רב שמואל בר איניא משמיה דרב מקום יש לו להקב"ה ומסתרים שמו מאי מפני גוה אמר רב שמואל בר יצחק מפני גאוותן של ישראל שניטלה מהם ונתנה לעובדי כוכבים ר' שמואל בר נחמני אמר מפני גאוותה של מלכות שמים,ומי איכא בכיה קמיה הקב"ה והאמר רב פפא אין עציבות לפני הקב"ה שנאמר (דברי הימים א טז, כז) הוד והדר לפניו עוז וחדוה במקומו לא קשיא הא בבתי גואי הא בבתי בראי,ובבתי בראי לא והא כתיב (ישעיהו כב, יב) ויקרא אדני ה' צבאות ביום ההוא לבכי ולמספד ולקרחה ולחגור שק שאני חרבן בית המקדש דאפילו מלאכי שלום בכו שנאמר (ישעיהו לג, ז) הן אראלם צעקו חוצה מלאכי שלום מר יבכיון:,(ירמיהו יג, יז) ודמע תדמע ותרד עיני דמעה כי נשבה עדר ה' אמר ר' אלעזר שלש דמעות הללו למה אחת על מקדש ראשון ואחת על מקדש שני ואחת על ישראל שגלו ממקומן ואיכא דאמרי אחת על ביטול תורה,בשלמא למאן דאמר על ישראל שגלו היינו דכתיב כי נשבה עדר ה' אלא למאן דאמר על ביטול תורה מאי כי נשבה עדר ה' כיון שגלו ישראל ממקומן אין לך ביטול תורה גדול מזה,תנו רבנן שלשה הקב"ה בוכה עליהן בכל יום על שאפשר לעסוק בתורה ואינו עוסק ועל שאי אפשר לעסוק בתורה ועוסק ועל פרנס המתגאה על הצבור,רבי הוה נקיט ספר קינות וקא קרי בגויה כי מטא להאי פסוקא (איכה ב, א) השליך משמים ארץ נפל מן ידיה אמר מאיגרא רם לבירא עמיקתא,רבי ורבי חייא הוו שקלי ואזלי באורחא כי מטו לההוא מתא אמרי איכא צורבא מרבנן הכא נזיל וניקביל אפיה אמרי איכא צורבא מרבנן הכא ומאור עינים הוא אמר ליה ר' חייא לרבי תיב את לא תזלזל בנשיאותך איזיל אנא ואקביל אפיה,תקפיה ואזל בהדיה כי הוו מיפטרי מיניה אמר להו אתם הקבלתם פנים הנראים ואינן רואין תזכו להקביל פנים הרואים ואינן נראין אמר ליה איכו השתא מנעתן מהאי בירכתא,אמרו ליה ממאן שמיעא לך מפרקיה דרבי יעקב שמיע לי דרבי יעקב איש כפר חיטייא הוה מקביל אפיה דרביה כל יומא כי קש א"ל לא נצטער מר דלא יכיל מר,אמר ליה מי זוטר מאי דכתיב בהו ברבנן (תהלים מט, י) ויחי עוד לנצח לא יראה השחת כי יראה חכמים ימותו ומה הרואה חכמים במיתתן יחיה בחייהן על אחת כמה וכמה,רב אידי אבוה דרבי יעקב בר אידי הוה רגיל דהוה אזיל תלתא ירחי באורחא וחד יומא בבי רב והוו קרו ליה רבנן בר בי רב דחד יומא חלש דעתיה קרי אנפשיה (איוב יב, ד) שחוק לרעהו אהיה וגו' א"ל ר' יוחנן במטותא מינך לא תעניש להו רבנן,נפק ר' יוחנן לבי מדרשא ודרש (ישעיהו נח, ב) ואותי יום יום ידרשון ודעת דרכי יחפצון וכי ביום דורשין אותו ובלילה אין דורשין אותו אלא לומר לך כל העוסק בתורה אפי' יום אחד בשנה מעלה עליו הכתוב כאילו עסק כל השנה כולה,וכן במדת פורענות דכתיב (במדבר יד, לד) במספר הימים אשר תרתם את הארץ וכי ארבעים שנה חטאו והלא ארבעים יום חטאו אלא לומר לך כל העובר עבירה אפי' יום אחד בשנה מעלה עליו הכתוב כאילו עבר כל השנה כולה:,אי זהו קטן כל שאינו יכול לרכוב על כתפו של אביו: מתקיף לה רבי זירא 5b. is not from among them. The Sages said to Rava: Master, you are not subject to His hiding of the face, as your prayers are heard, and you are not subject to: “And they shall be devoured,” as the authorities take nothing from you. He said to them: Do you know how many gifts I send in private to the house of King Shapur? Although it might seem that the monarchy does not take anything from me, in actuality I am forced to give many bribes. Even so, the Sages looked upon Rava with suspicion. In the meantime, messengers from the house of King Shapur sent for him and imprisoned him to extort more money from him. Rava said: This is as it is taught in a baraita that Rabban Shimon ben Gamliel said: Wherever the Sages looked upon someone, it resulted in either death or poverty.,With regard to the verse: “And I will hide my face in that day” (Deuteronomy 31:18), Rava said that the Holy One, Blessed be He, said: Even though I hid my face from them and My Divine Presence is not revealed, nevertheless: “I speak with him in a dream” (Numbers 12:6). Rav Yosef said: His hand is outstretched, guarding over us, as it is stated: “And I have covered you in the shadow of my hand” (Isaiah 51:16).,The Gemara relates: Rabbi Yehoshua ben Ḥaya was standing in the house of the Caesar. A certain heretic, who was also present, gestured to him, indicating that his was the nation whose Master, God, turned His face away from it. Rabbi Yehoshua gestured to him that His hand is outstretched over us in protection. The Caesar said to Rabbi Yehoshua: What did he gesture to you, and how did you respond? He replied: He indicated that mine is the nation whose Master turned His face from it, and I gestured to him that His hand is outstretched over us.,The members of the Caesar’s household said to that heretic: What did you gesture to him? He said to them: I gestured that his is the nation whose Master has turned His face from it. They asked: And what did he gesture to you? He said to them: I don’t know; I did not understand. They said: How can a man who does not know what others gesture to him dare to gesture in the presence of the king? They took him out and killed him.,The Gemara relates: When Rabbi Yehoshua ben Ḥaya was dying, the Sages said to him: What will become of us, from the threat of the heretics, when there is no scholar like you who can refute them? He said to them that the verse states: “Is wisdom no more in Teiman? Has counsel perished from the prudent? Has their wisdom vanished?” (Jeremiah 49:7). He explained: Since counsel has perished from the prudent, from the Jewish people, the wisdom of the nations of the world has vanished as well, and there will be no superior scholars among them.,And if you wish, say instead that the same idea can be derived from here: “And he said: Let us take our journey, and let us go, and I will go corresponding to you” (Genesis 33:12). Just as the Jewish people rise and fall, so too, the nations of the world simultaneously rise and fall, and they will never have an advantage.,The Gemara relates that Rabbi Ila was ascending the stairs in the house of Rabba bar Sheila, a children’s teacher. He heard a child who was reading a verse out loud: “For, lo, He Who forms the mountains, and creates the wind, and declares to man what is his speech” (Amos 4:13). Rabbi Ila said: With regard to a servant whose master declares to him what is his proper speech, is there a remedy for him? The Gemara asks. What is the meaning of the phrase: “What is his speech”? Rav said: Even frivolous speech that is between a man and his wife before engaging in relations is declared to a person at the time of death, and he will have to account for it.,The Gemara asks: Is that so? Is it prohibited for a man to speak in this manner with his wife? Wasn’t Rav Kahana lying beneath Rav’s bed, and he heard Rav chatting and laughing with his wife, and performing his needs, i.e., having relations with her. Rav Kahana said out loud: The mouth of Rav is like one who has never eaten a cooked dish, i.e., his behavior is lustful. Rav said to him: Kahana, leave, as this is not proper conduct. This shows that Rav himself engaged in frivolous talk before relations.,The Gemara answers: This is not difficult. Here, where this type of speech is permitted, it is referring to a situation where he must appease his wife before relations, and therefore this speech is appropriate. However, this statement, that it is prohibited, is referring to a situation where he doesn’t need to appease her. In these circumstances, it is prohibited to engage in excessively lighthearted chatter with one’s wife.,The verse states: “But if you will not hear it, my soul shall weep in secret [bemistarim] for your pride” (Jeremiah 13:17). Rav Shmuel bar Inya said in the name of Rav: The Holy One, Blessed be He, has a place where He cries, and its name is Mistarim. What is the meaning of “for your pride”? Rav Shmuel bar Yitzḥak said: God cries due to the pride of the Jewish people, which was taken from them and given to the gentile nations. Rav Shmuel bar Naḥmani said: He cries due to the pride of the kingdom of Heaven, which was removed from the world.,The Gemara asks: But is there crying before the Holy One, Blessed be He? Didn’t Rav Pappa say: There is no sadness before the Holy One, Blessed be He, as it is stated: “Honor and majesty are before Him; strength and gladness are in His place” (I Chronicles 16:27)? The Gemara responds: This is not difficult. This statement, that God cries, is referring to the innermost chambers, where He can cry in secret, whereas this statement, that He does not cry, is referring to the outer chambers.,The Gemara asks: And doesn’t God cry in the outer chambers? Isn’t it written: “And on that day the Lord, the God of hosts, called to weeping, and to mourning, and to baldness, and to girding with sackcloth” (Isaiah 22:12)? The Gemara responds: The destruction of the Temple is different, as even the angels of peace cried, as it is stated: “Behold, their valiant ones cry without; the angels of peace weep bitterly” (Isaiah 33:7).,The verse continues: “And my eye shall weep sore, and run down with tears, because the Lord’s flock is carried away captive” (Jeremiah 13:17). Rabbi Elazar said: Why these three references to tears in the verse? One is for the First Temple; one is for the Second Temple; and one is for the Jewish people who were exiled from their place. And there are those who say: The last one is for the unavoidable dereliction of the study of Torah in the wake of the exile.,The Gemara asks: Granted, according to the one who said that the last tear is for the Jewish people who were exiled, this is as it is written: “Because the Lord’s flock is carried away captive.” However, according to the one who said that this tear is for the dereliction of the study of Torah, what is the meaning of: “Because the Lord’s flock is carried away captive”? The Gemara answers: Since the Jewish people were exiled from their place, there is no greater involuntary dereliction of the study of Torah than that which was caused by this.,The Sages taught that there are three types of people for whom the Holy One, Blessed be He, cries every day: For one who is able to engage in Torah study and does not engage in it; and for one who is unable to engage in Torah study and nevertheless he endeavors and engages in it; and for a leader who lords over the community.,The Gemara relates: Rabbi Yehuda HaNasi was holding the book of Lamentations and was reading from it. When he reached the verse: “He has cast down from heaven to earth the beauty of Israel” (Lamentations 2:1), in his distress the book fell from his hand. He said: From a high roof to a deep pit, i.e., it is terrible to tumble from the sky to the ground.,§ The Gemara relates: Rabbi Yehuda HaNasi and Rabbi Ḥiyya were walking along the road. When they arrived at a certain city, they said: Is there a Torah scholar here whom we can go and greet? The people of the city said: There is a Torah scholar here but he is blind. Rabbi Ḥiyya said to Rabbi Yehuda HaNasi: You sit here; do not demean your dignified status as Nasi to visit someone beneath your stature. I will go and greet him.,Rabbi Yehuda HaNasi grabbed him and went with him anyway, and together they greeted the blind scholar. When they were leaving him, he said to them: You greeted one who is seen and does not see; may you be worthy to greet the One Who sees and is not seen. Rabbi Yehuda HaNasi said to Rabbi Ḥiyya: Now, if I had listened to you and not gone to greet him, you would have prevented me from receiving this blessing.,They said to the blind scholar: From whom did you hear that we are worthy of this blessing? He said to them: I heard it from the instruction of Rabbi Ya’akov, as Rabbi Ya’akov of the village of Ḥitiyya would greet his teacher every day. When Rabbi Ya’akov grew elderly, his teacher said to him: Do not despair, my Master, that my Master is unable to make the effort to greet me. It is better that you should not visit me.,Rabbi Ya’akov said to him: Is it a minor matter, that which is written about the Sages: “That he should still live always, that he should not see the pit. For he sees that wise men die” (Psalms 49:10–11)? In this regard an a fortiori reference applies: Just as one who sees Sages in their death will live, all the more so one who sees them in their lifetime. From here the blind scholar learned the importance of greeting Torah scholars, which is why he blessed the Sages who came to greet him.,The Gemara relates: Rav Idi, father of Rabbi Ya’akov bar Idi, would regularly travel three months on the road to reach the study hall and as he would immediately travel back again to arrive home for the festival of Sukkot, he spent only one day in the school of Rav. And the Sages would disparagingly call him: A student of Torah for one day. He was offended and read the following verse about himself: “I am as one that is a laughingstock to his neighbor, a man who calls upon God, and He answers him” (Job 12:4). Rabbi Yoḥa said to him: Please do not punish the Sages, i.e., do not take offense and be harsh with them, as this will cause them to be punished by God.,Rabbi Yoḥa left Rav Idi and went to the study hall and taught: “Yet they seek Me daily, and delight to know My ways” (Isaiah 58:2). But is it possible that only during the day they seek Him and at night they do not seek Him? What is the meaning of daily? Rather, this verse comes to say to you that with regard to anyone who engages in Torah study even one day a year, the verse ascribes him credit as though he engaged in Torah study the entire year.,And the same applies to the attribute of punishment, as it is written: “After the number of the days in which you spied out the land, even forty days, for every day a year, shall you bear your iniquities” (Numbers 14:34). But did they sin for forty years? Didn’t they sin for only forty days? Rather, this comes to say to you that anyone who transgresses a sin even one day a year, the verse ascribes him liability as though he transgressed the entire year.,§ The mishna taught: Who is a minor who is exempt from the mitzva of appearance in the Temple? Any child who is unable to ride on his father’s shoulders and ascend from Jerusalem to the Temple Mount. Rabbi Zeira strongly objects to this:
32. Babylonian Talmud, Horayot, 13b (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •law, sasanian law Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 416
13b. רב פפא אמר אפילו שופתא מרא גייצי,ת"ר חמשה דברים משכחים את הלימוד האוכל ממה שאוכל עכבר וממה שאוכל חתול והאוכל לב של בהמה והרגיל בזיתים והשותה מים של שיורי רחיצה והרוחץ רגליו זו על גבי זו ויש אומרים אף המניח כליו תחת מראשותיו חמשה דברים משיבים את הלימוד פת פחמין וכל שכן פחמין עצמן והאוכל ביצה מגולגלת בלא מלח והרגיל בשמן זית והרגיל ביין ובשמים והשותה מים של שיורי עיסה ויש אומרים אף הטובל אצבעו במלח ואוכל,הרגיל בשמן זית מסייע ליה לרבי יוחנן דאמר רבי יוחנן כשם שהזית משכח לימוד של שבעים שנה כך שמן זית משיב לימוד של שבעים שנה:,והרגיל ביין ובשמים: מסייע ליה לרבא דאמר רבא חמרא וריחני פקחין:,והטובל אצבעו במלח: אמר ר"ל ובאחת כתנאי ר' יהודה אומר אחת ולא שתים רבי יוסי אומר שתים ולא שלש וסימניך קמיצה,עשרה דברים קשים ללימוד העובר תחת האפסר [הגמל] וכל שכן תחת גמל [עצמו] והעובר בין שני גמלים והעובר בין שתי נשים והאשה העוברת בין שני אנשים והעובר מתחת ריח רע של נבילה והעובר תחת הגשר שלא עברו תחתיו מים מ' יום והאוכל פת שלא בשל כל צרכו והאוכל בשר מזוהמא ליסטרון והשותה מאמת המים העוברת בבית הקברות והמסתכל בפני המת ויש אומרים אף הקורא כתב שעל גבי הקבר,ת"ר כשהנשיא נכנס כל העם עומדים ואין יושבים עד שאומר להם שבו כשאב ב"ד נכנס עושים לו שורה אחת מכאן ושורה אחת מכאן עד שישב במקומו כשחכם נכנס אחד עומד ואחד יושב עד שישב במקומו בני חכמים ותלמידי חכמים בזמן שרבים צריכים להם מפסיעין על ראשי העם יצא לצורך יכנס וישב במקומו,בני ת"ח שממונים אביהם פרנס על הצבור בזמן שיש להם דעת לשמוע נכנסים ויושבים לפני אביהם ואחוריהם כלפי העם בזמן שאין להם דעת לשמוע נכנסים ויושבים לפני אביהם ופניהם כלפי העם רבי אלעזר בר ר' [צדוק] אומר אף בבית המשתה עושים אותם סניפין,[אמר מר] יצא לצורך נכנס ויושב במקומו אמר רב פפא לא אמרו אלא לקטנים אבל לגדולים לא הוה ליה למבדק נפשיה מעיקרא דאמר רב יהודה אמר רב לעולם ילמד אדם עצמו להשכים ולהעריב כדי שלא יתרחק (אמר רבא) האידנא דחלשא עלמא אפילו לגדולים נמי,רבי אלעזר ב"ר [צדוק] אומר אף בבית המשתה עושים אותם סניפים אמר רבא בחיי אביהם בפני אביהם,א"ר יוחנן בימי רשב"ג נישנית משנה זו רבן שמעון בן גמליאל נשיא רבי מאיר חכם רבי נתן אב"ד כי הוה רשב"ג התם הוו קיימי כולי עלמא מקמיה כי הוו עיילי רבי מאיר ורבי נתן הוו קיימי כולי עלמא מקמייהו אמר רשב"ג לא בעו למיהוי היכרא בין דילי לדידהו תקין הא מתניתא,ההוא יומא לא הוו רבי מאיר ורבי נתן התם למחר כי אתו חזו דלא קמו מקמייהו כדרגילא מילתא אמרי מאי האי אמרו להו הכי תקין רשב"ג,אמר ליה ר"מ לרבי נתן אנא חכם ואת אב"ד נתקין מילתא כי לדידן מאי נעביד ליה נימא ליה גלי עוקצים דלית ליה וכיון דלא גמר נימא ליה (תהלים קו, ב) מי ימלל גבורות ה' ישמיע כל תהלתו למי נאה למלל גבורות ה' מי שיכול להשמיע כל תהלותיו נעבריה והוי אנא אב"ד ואת נשיא,שמעינהו רבי יעקב בן קרשי אמר דלמא חס ושלום אתיא מלתא לידי כיסופא אזל יתיב אחורי עיליתיה דרשב"ג פשט גרס ותנא גרס ותנא,אמר מאי דקמא דלמא חס ושלום איכא בי מדרשא מידי יהב דעתיה וגרסה למחר אמרו ליה ניתי מר וניתני בעוקצין פתח ואמר בתר דאוקים אמר להו אי לא גמירנא כסיפיתנן,פקיד ואפקינהו מבי מדרשא הוו כתבי קושייתא [בפתקא] ושדו התם דהוה מיפריק מיפריק דלא הוו מיפריק כתבי פירוקי ושדו אמר להו רבי יוסי תורה מבחוץ ואנו מבפנים,אמר להן רבן [שמעון בן] גמליאל ניעיילינהו מיהו ניקנסינהו דלא נימרו שמעתא משמייהו אסיקו לרבי מאיר אחרים ולר' נתן יש אומרים אחוו להו בחלמייהו זילו פייסוהו [לרבן שמעון ב"ג] רבי נתן אזל רבי מאיר לא אזל אמר דברי חלומות לא מעלין ולא מורידין כי אזל רבי נתן אמר ליה רשב"ג נהי דאהני לך קמרא דאבוך למהוי אב ב"ד שויניך נמי נשיא,מתני ליה רבי לרבן שמעון בריה אחרים אומרים אילו היה תמורה 13b. Rav Pappa said: They gnaw even on the handle of a hoe.The Sages taught in a baraita: There are five factors that cause one to forget his Torah study: One who eats from that which a mouse eats and from that which a cat eats, and one who eats the heart of an animal, and one who is accustomed to eating olives, and one who drinks water that remains from washing, and one who washes his feet with this foot atop that foot. And some say: Also one who places his garments under his head. Correspondingly, there are five factors that restore forgotten Torah study: Eating bread baked on coals and all the more so one who warms himself with the heat of the coals themselves, and one who eats a hard-boiled egg [beitza megulgelet] without salt, and one who is accustomed to eating olive oil, and one who is accustomed to drinking wine and smelling spices, and one who drinks water that remains from kneading dough. And some say: Also one who dips his finger in salt and eats it.,The Gemara elaborates on the baraita: One who is accustomed to eating olive oil restores forgotten Torah study. The Gemara notes: This supports the opinion of Rabbi Yoḥa, as Rabbi Yoḥa said: Just as eating an olive causes one to forget seventy years’ worth of Torah study, olive oil restores seventy years’ worth of Torah study.,The baraita continues: And one who is accustomed to drinking wine and smelling spices restores forgotten Torah study. The Gemara notes: This supports the opinion of Rava, as Rava said: Wine and spices rendered me wise.,The baraita continues: One who dips his finger in salt and eats it restores forgotten Torah study. Reish Lakish says: And that is the case with regard to one finger. The Gemara notes: This is parallel to a dispute between tanna’im. Rabbi Yehuda says: One finger but not two. Rabbi Yosei says: Two fingers but not three. And your mnemonic for the fact that the dispute is between one and two fingers is kemitza, i.e., the ring finger. When one presses his ring finger to his palm, there remain two straight fingers on one side and one on the other.,Ten factors are detrimental for Torah study: One who passes beneath the bit of the camel, and all the more so one who passes beneath a camel itself; and one who passes between two camels; and one who passes between two women; and a woman who passes between two men; and one who passes beneath a place where there is the foul odor of an animal carcass; and one who passes under a bridge beneath which water has not passed for forty days; and one who eats bread that was not sufficiently baked; and one who eats meat from zuhama listeron, a utensil consisting of a spoon and a fork, used to remove the film on the surface of soup; and one who drinks from an aqueduct that passes through a cemetery; and one who gazes at the face of the dead. And some say: Also one who reads the writing that is on the stone of a grave.The Sages taught in a baraita: When the Nasi of the Sanhedrin enters, all the people stand and they do not sit until he says to them: Sit. When the deputy Nasi of the Sanhedrin enters, the people form for him one row from here, on this side of the path that he takes, and one row from there, on the other side of it, in a display of deference, until he sits in his place, and then they may be seated. When the Ḥakham, who is ranked third among the members of the Sanhedrin, enters, one person stands when he is within four cubits of the Ḥakham, and another sits, i.e., when one is no longer within four cubits of the Ḥakham he may sit. And all those whom the Ḥakham passes do this, until he sits in his place. When the multitudes require their services, i.e., they serve a public role, sons of the Sages and Torah scholars may step over the heads of the people seated on the ground in order to reach their places in the Sanhedrin. If one of the Sages left for the purpose of relieving himself, when he is finished he may enter and sit in his place in the Sanhedrin, and he need not be concerned that he is imposing upon those assembled.,When they have the wisdom to hear and to study, the sons of Torah scholars, whose fathers are appointed as leaders of the congregation, enter and sit before their fathers, and their backs are directed toward the people. When they do not have the wisdom to hear and to study they enter and sit before their fathers, and their faces are directed toward the people, so everyone sees that they are seated there in deference to their fathers but not as students. Rabbi Elazar, son of Rabbi Tzadok, says: Even at a wedding party one renders them attachments [senifin] and seats them adjacent to their fathers.,The Master said: If one of the Sages left for the purpose of relieving himself, when he is finished he may enter and sit in his place. Rav Pappa said: The Sages said this only with regard to one who leaves for minor bodily functions, i.e., to urinate. But with regard to one who leaves for major bodily functions, i.e., to defecate, no, he may not return to his place, because he should have examined himself initially so that he would not need to leave. His failure to do so constitutes negligence and he may not impose upon others when he returns, as Rav Yehuda says that Rav says: A person should always accustom himself to relieving himself in the morning and in the evening so that he will not need to distance himself during the daylight hours to find an appropriate place. Rava said: Today, when the world is weak and people are not as healthy as they once were, one may even return after he leaves for major bodily functions.,Rabbi Elazar, son of Rabbi Tzadok, says: Even at a wedding party one renders them attachments. Rava said: This applies during the lifetime of their fathers and in the presence of their fathers.Rabbi Yoḥa says: This mishna, i.e., the preceding baraita, was taught during the days of Rabban Shimon ben Gamliel. Rabban Shimon ben Gamliel was the Nasi, Rabbi Meir was the Ḥakham, and Rabbi Natan was the deputy Nasi. When Rabban Shimon ben Gamliel was there, everyone would arise before him. When Rabbi Meir and Rabbi Natan would enter, everyone would arise before them. Rabban Shimon ben Gamliel said: Shouldn’t there be a conspicuous distinction between me and them in terms of the manner in which deference is shown? Rabban Shimon ben Gamliel instituted the provisions delineated in this baraita that distinguish between the Nasi and his subordinates with regard to the deference shown them.,That day, when Rabban Shimon ben Gamliel instituted these provisions, Rabbi Meir and Rabbi Natan were not there. The following day when they came to the study hall, they saw that the people did not stand before them as the matter was typically done. They said: What is this? The people said to them: This is what Rabban Shimon ben Gamliel instituted.,Rabbi Meir said to Rabbi Natan: I am the Ḥakham and you are the deputy Nasi. Let us devise a matter and do to him as he did to us. What shall we do to him? Let us say to him: Reveal to us tractate Okatzim, which he does not know. And once it is clear to all that he did not learn, he will not have anything to say. Then we will say to him: “Who can express the mighty acts of the Lord, shall make all His praises heard?” (Psalms 106:2), indicating: For whom is it becoming to express the mighty acts of the Lord? It is becoming for one who is capable of making all His praises heard, and not for one who does not know one of the tractates. We will remove him from his position as Nasi, and I will be deputy Nasi and you will be Nasi.,Rabbi Ya’akov ben Korshei heard them talking, and said: Perhaps, Heaven forfend, this matter will come to a situation of humiliation for Rabban Shimon ben Gamliel. He did not wish to speak criticism or gossip about Rabbi Meir and Rabbi Natan, so he went and sat behind the upper story where Rabban Shimon ben Gamliel lived. He explained tractate Okatzin; he studied it aloud and repeated it, and studied it aloud and repeated it.,Rabban Shimon ben Gamliel said to himself: What is this that is transpiring before us? Perhaps, Heaven forfend, there is something transpiring in the study hall. He suspected that Rabbi Meir and Rabbi Natan were planning something. He concentrated and studied tractate Okatzin. The following day Rabbi Meir and Rabbi Natan said to him: Let the Master come and teach a lesson in tractate Okatzin. He began and stated the lesson he had prepared. After he completed teaching the tractate, he said to them: If I had not studied the tractate, you would have humiliated me.,Rabban Shimon ben Gamliel commanded those present and they expelled Rabbi Meir and Rabbi Natan from the study hall as punishment. Rabbi Meir and Rabbi Natan would write difficulties on a scrap of paper [pitka] and would throw them there into the study hall. Those difficulties that were resolved were resolved; as for those that were not resolved, Rabbi Meir and Rabbi Natan wrote resolutions on a scrap of paper and threw them into the study hall. Rabbi Yosei said to the Sages: How is it that the Torah, embodied in the preeminent Torah scholars, is outside and we are inside?,Rabban Shimon ben Gamliel said to them: Let us admit them into the study hall. But we will penalize them in that we will not cite halakha in their names. They cited statements of Rabbi Meir in the name of Aḥerim, meaning: Others, and they cited statements of Rabbi Natan in the name of yesh omerim, meaning: Some say. Rabbi Meir and Rabbi Natan were shown a message in their dreams: Go, appease Rabban Shimon ben Gamliel. Rabbi Natan went. Rabbi Meir did not go. He said in his heart: Matters of dreams are insignificant. When Rabbi Natan went, Rabban Shimon ben Gamliel said to him: Although the ornate belt, i.e., the importance, of your father was effective in enabling you to become deputy Nasi, as Rabbi Natan’s father was the Babylonian Exilarch, will it render you Nasi as well?,Years later, Rabbi Yehuda HaNasi taught Rabban Shimon his son that Aḥerim say: If it was considered a substitute,
33. Babylonian Talmud, Ketuvot, 105b, 10b, 48a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 407
48a. רבי אליעזר בן יעקב אומר שארה כסותה לפום שארה תן כסותה שלא יתן לה לא של ילדה לזקינה ולא של זקינה לילדה כסותה ועונתה לפום עונתה תן כסותה שלא יתן חדשים בימות החמה ולא שחקים בימות הגשמים:,תני רב יוסף שארה זו קרוב בשר שלא ינהג בה מנהג פרסיים שמשמשין מטותיהן בלבושיהן מסייע ליה לרב הונא דאמר רב הונא האומר אי אפשי אלא אני בבגדי והיא בבגדה יוציא ונותן כתובה:,רבי יהודה אומר אפילו עני שבישראל וכו': מכלל דת"ק סבר הני לא היכי דמי אי דאורחה מ"ט דת"ק דאמר לא ואי דלאו אורחה מ"ט דר"י,לא צריכא כגון דאורחיה דידיה ולאו אורחה דידה ת"ק סבר כי אמרינן עולה עמו ואינה יורדת עמו הני מילי מחיים אבל לאחר מיתה לא,ורבי יהודה סבר אפילו לאחר מיתה אמר רב חסדא אמר מר עוקבא הלכה כרבי יהודה,ואמר רב חסדא אמר מר עוקבא מי שנשתטה בית דין יורדין לנכסיו וזנין ומפרנסין את אשתו ובניו ובנותיו ודבר אחר א"ל רבינא לרב אשי מ"ש מהא דתניא מי שהלך למדינת הים ואשתו תובעת מזונות בית דין יורדין לנכסיו וזנין ומפרנסין את אשתו אבל לא בניו ובנותיו ולא דבר אחר,א"ל ולא שאני לך בין יוצא לדעת ליוצא שלא לדעת,מאי דבר אחר רב חסדא אמר זה תכשיט רב יוסף אמר צדקה מ"ד תכשיט כ"ש צדקה מ"ד צדקה אבל תכשיט יהבינן לה דלא ניחא ליה דתינוול,אמר רב חייא בר אבין אמר רב הונא מי שהלך למדינת הים ומתה אשתו ב"ד יורדין לנכסיו וקוברין אותה לפי כבודו לפי כבודו ולא לפי כבודה,אימא אף לפי כבודו הא קמ"ל עולה עמו ואינה יורדת עמו ואפילו לאחר מיתה,אמר רב מתנה האומר אם מתה לא תקברוה מנכסיו שומעין לו מ"ש כי אמר דנפלי נכסי קמי יתמי כי לא אמר נמי נכסי קמי יתמי רמו,אלא האומר אם מת הוא לא תקברוהו מנכסיו אין שומעין לו לאו כל הימנו שיעשיר את בניו ויפיל עצמו על הציבור:, 48a. Rabbi Eliezer ben Ya’akov says that she’era and kesuta should be interpreted as follows: In accordance with her flesh [she’era], i.e., her age, give her clothing [kesuta]. This means that he should not give the garments of a young girl to an elderly woman, nor those of an elderly woman to a young girl. Similarly, kesuta and onata are linked: In accordance with the time of year [onata], give her clothing [kesuta], meaning that he should not give new, heavy clothes in the summer, nor worn-out garments in the rainy season, i.e., the winter, when she requires heavier, warmer clothes. The entire phrase, therefore, refers only to a husband’s obligation to provide clothing for his wife.,Rav Yosef taught the following baraita: She’era,” this is referring to closeness of flesh during intercourse, which teaches that he should not treat her in the manner of Persians, who have conjugal relations in their clothes. The Gemara comments: This baraita supports the opinion of Rav Huna, as Rav Huna said: With regard to one who says: I do not want to have intercourse with my wife unless I am in my clothes and she is in her clothes, he must divorce his wife and give her the payment for her marriage contract. This is in keeping with the opinion of the tanna of the baraita that the Torah mandates the intimacy of flesh during sexual relations.,§ The mishna teaches that Rabbi Yehuda says: Even the poorest man of the Jewish people may not provide fewer than two flutes and a lamenting woman for his wife’s funeral. The Gemara infers: This proves by inference that the first, anonymous tanna cited in the mishna holds that these are not part of a husband’s obligations. The Gemara asks: What are the circumstances? If this is the common custom in her family at funerals, what is the reason for the opinion of the first tanna who said that he does not have to do so? If he neglected to provide these items he would be treating her with disrespect. And if this is not the common custom in her family, what is the reason for the opinion of Rabbi Yehuda?,The Gemara answers: No, it is necessary to state their dispute in a case where it is the common custom for his family according to its social status, but it is not common for her family according to its social status. The first tanna holds: When we say that a woman who marries a man ascends with him, i.e., she must be treated as equal in status to her husband if his social status is higher than hers, and does not descend with him if he is from a lower social status, this applies only when they are alive, but after death the Sages did not enforce this rule.,And Rabbi Yehuda maintains: Even after death she must be treated in accordance with his status, which means that if those in his family are mourned with flutes and lamenting women, he must provide the same for her funeral. Rav Ḥisda said that Mar Ukva said: The halakha is in accordance with the opinion of Rabbi Yehuda.,Apropos this ruling, the Gemara cites another statement that Rav Ḥisda said that Mar Ukva said: With regard to one who became insane, the court enters his property and feeds and provides a livelihood for his wife, his sons, and his daughters, and it also gives something else, as will be explained. Ravina said to Rav Ashi: In what way is this case different from that which is taught in a baraita: In the case of one who went overseas and his wife claims sustece, the court descends to his property and feeds and provides a livelihood for his wife, but not for his sons and daughters and does not give something else. If a father is not obligated to sustain his children in his absence, what is different about a situation where he is mad?,Rav Ashi said to Ravina: Is there no difference for you between a man who leaves his responsibilities knowingly and one who leaves them unknowingly? A father who lost his sanity did not do so by his own choice, and therefore it can be assumed that he would want to provide for his children from his possessions, despite the fact that he is not obligated to do so. By contrast, if he went overseas he freely decided to depart, and one would think that he would leave enough for his sons and daughters. If he failed to do so, he has demonstrated that he does not want to provide for them.,The Gemara asks: What is this something else mentioned in the baraita? Rav Ḥisda said: This is a wife’s ornaments, to which she is entitled in addition to her sustece. Rav Yosef said: It is money for charity. The Gemara comments: According to the one who says that the court does not pay for a woman’s ornaments from her husband’s property if he has gone overseas, all the more so he maintains that the husband’s property is not taken for charity. Conversely, the one who says that the court does not give money for charity holds that this applies only to charity, but it does give her ornaments, as it is assumed that it is not satisfactory for him that his wife be demeaned by a lack of jewelry.,Rav Ḥiyya bar Avin said that Rav Huna said: In the case of one who went overseas and his wife died, the court enters his property and buries her in accordance with his dignity. The Gemara asks: Does the court act in accordance with his dignity and not in accordance with her dignity? What if she came from a more dignified family than her husband?,The Gemara answers: Say that Rav Ḥiyya bar Avin meant: Even in accordance with his dignity, i.e., if his family was more distinguished than hers, he must bury her in accordance with the dignity of his family. The Gemara adds: This comes to teach us that she ascends with him to his social status and does not descend with him, and this principle applies even after her death, in accordance with Rabbi Yehuda’s opinion in the mishna.,Rav Mattana said: In the case of one who says that if his wife dies, they should not bury her using funds from his property, the court listens to him. The Gemara asks: What is different about the case when he says this command that induces the court to comply with his wishes? It is due to the fact that the property has come before the orphans as an inheritance, while the obligation to bury her is not incumbent upon them but is a duty of the inheritors of her marriage contract. However, even if he did not state the above preference, the property is cast before the orphans and it belongs to them. What does it matter whether or not the husband issued a command to this effect?,Rather, the Gemara amends Rav Mattana’s statement: With regard to one who says that if he himself dies, they should not bury him using funds from his property, one does not listen to him, but the court spends his money without resorting to charity. The reason for this is that it is not in his power to enrich his sons by saving them this expense and to cast himself as a burden on the community.,is always under her father’s authority until she enters
34. Babylonian Talmud, Menachot, 69a, 41a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •nan Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 412
35. Babylonian Talmud, Eruvin, 62a (3rd cent. CE - 6th cent. CE)  Tagged with subjects: •sasanian persia, law •law, sasanian law Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 411
62a. 62a. Abaye bar Avin and Rav Ḥia bar Avin were sitting, and Abaye was sitting beside them, and they sat and said: Granted, the opinion of Rabbi Meir, the author of the unattributed mishna, is clear, as he holds that the residence of a gentile is considered a significant residence. In other words, the gentile living in the courtyard is considered a resident who has a share in the courtyard. Since he cannot join in an eiruv with the Jew, he renders it prohibited for the Jew to carry from his house to the courtyard or from the courtyard to his house. Consequently, the case of one Jew living in the courtyard is no different from the case of two Jews living there. In both cases, the gentile renders it prohibited for carrying.,But Rabbi Eliezer ben Ya’akov, what does he hold? If you say he holds that the residence of a gentile is considered a significant residence, he should prohibit carrying even when there is only one Jew living in the courtyard. And if it is not considered a significant residence, he should not prohibit carrying even when there are two Jews living there.,Abaye said to them: Your basic premise is based on a faulty assumption. Does Rabbi Meir actually hold that the residence of a gentile is considered a significant residence? Wasn’t it taught in the Tosefta: The courtyard of a gentile is like the pen of an animal, i.e., just as an animal pen does not render it prohibited to carry in a courtyard, so too, the gentile’s residence in itself does not impose restrictions on a Jew.,Rather, this explanation must be rejected, and the dispute in the mishna should be understood differently: Everyone agrees that the residence of gentile is not considered a significant residence, and here they disagree about a decree that was issued lest the Jew learn from the gentile’s ways. The disagreement is with regard to whether this decree is applicable only when there are two Jews living in the courtyard, or even when there is only one Jew living there.,The disagreement should be understood as follows: Rabbi Eliezer ben Ya’akov holds that since a gentile is suspected of bloodshed, it is unusual for a single Jew to share a courtyard with a gentile. However, it is not unusual for two or more Jews to do so, as they will protect each other. Therefore, in the case of two Jews, who commonly live together with a gentile in the same courtyard, the Sages issued a decree to the effect that the gentile renders it prohibited for them to carry. This would cause great inconvenience to Jews living with gentiles and would thereby motivate the Jews to distance themselves from gentiles. In this manner, the Sages sought to prevent the Jews from learning from the gentiles’ ways. However, in the case of one Jew, for whom it is not common to live together with a gentile in the same courtyard, the Sages did not issue a decree that the gentile renders it prohibited for him to carry, as the Sages do not issue decrees for uncommon situations.,On the other hand, Rabbi Meir holds that sometimes it happens that a single Jew lives together with a gentile in the same courtyard, and hence it is appropriate to issue the decree in such a case as well. Therefore, the Sages said: An eiruv is not effective in a place where a gentile is living, nor is the renunciation of rights to a courtyard in favor of the other residents effective in a place where a gentile is living. Therefore, carrying is prohibited in a courtyard in which a gentile resides, unless the gentile rents out his property to one of the Jews for the purpose of an eiruv regardless of the number of Jews living there. And as a gentile would not be willing to rent out his property for this purpose, the living conditions will become too strained, prompting the Jew to move.,The Gemara poses a question: What is the reason that a gentile will not rent out his property for the purpose of an eiruv? If you say it is because the gentile thinks that perhaps they will later come to take possession of his property based on this rental, this works out well according to the one who said that we require a full-fledged rental, i.e., that rental for the purpose of an eiruv must be proper and valid according to all the halakhot of renting.,However, according to the one who said that we require only a flawed, symbolic rental, i.e., all that is needed is a token gesture that has the appearance of renting, what is there to say? The gentile would understand that it is not a real rental, and therefore he would not be wary of renting out his residence. As it was stated that the amora’im disputed this issue as follows: Rav Ḥisda said that we require a full-fledged rental, and Rav Sheshet said: A flawed, symbolic rental is sufficient.,Having mentioned this dispute, the Gemara now clarifies its particulars: What is a flawed rental, and what is a full-fledged one? If you say that a full-fledged rental refers to a case where one gives another person a peruta as rent, whereas in a flawed rental he provides him with less than the value of a peruta, this poses a difficulty. Is there anyone who said that renting from a gentile for less than the value of a peruta is not valid? Didn’t Rabbi Yitzḥak, son of Rabbi Ya’akov bar Giyorei, send in the name of Rabbi Yoḥa: You should know that one may rent from a gentile even for less than the value of a peruta?,And Rabbi Ḥiyya bar Abba said that Rabbi Yoḥa said: A Noahide, i.e., a gentile who stole is executed for his crime, according to the laws applying to Noahides, even if he stole less than the value of a peruta. A Noahide is particular about his property and unwilling to waive his rights to it, even if it is of minimal value; therefore, the prohibition against stealing applies to items of any value whatsoever. And in the case of Noahides, the stolen item is not returnable, as the possibility of rectification by returning a stolen object was granted only to Jews. The principle that less than the value of a peruta is not considered money applies to Jews alone. With regard to gentiles, it has monetary value, and therefore one may rent from a gentile with this amount.,Rather, the distinction between a full-fledged rental and a flawed rental should be explained as follows: A full-fledged rental refers to one that is confirmed by legal documents [moharkei] and guaranteed by officials [aburganei]; and a flawed rental means one that is not confirmed by legal documents and guaranteed by officials, an agreement that is unenforceable in court. Based on this explanation, the Gemara reiterates what was stated earlier with regard to the gentile’s concern about renting: This works out well according to the one who said that we require a full-fledged rental, as it is clear why the gentile would refuse to rent out his property.,But according to the one who said that we require only a flawed rental, what is there to say in this regard? Why shouldn’t the gentile want to rent out his residence? The Gemara answers: Even so, the gentile is concerned about witchcraft, i.e., that the procedure is used to cast a spell on him, and therefore he does not rent out his residence.,The Gemara examines the ruling in the Tosefta cited in the previous discussion. Returning to the matter itself: The courtyard of a gentile is like the pen of an animal, and it is permitted to carry in and carry out from the courtyard to the houses and from the houses to the courtyard, as the halakhot of eiruvin do not apply to the residences of gentiles.,But if there is one Jew living there in the same courtyard as the gentile, the gentile renders it prohibited for the Jew to carry from his house to the courtyard or vice versa. The Jew may carry there only if he rents the gentile’s property for the duration of Shabbat. This is the statement of Rabbi Meir.,Rabbi Eliezer ben Ya’akov says: Actually, the gentile does not render it prohibited for the Jew to carry unless there are two Jews living in the same courtyard who themselves would prohibit one another from carrying if there were no eiruv, and the presence of the gentile renders the eiruv ineffective.
36. Yannai, Piyyutim, 19 (5th cent. CE - 6th cent. CE)  Tagged with subjects: •sasanian, administrators/administration, law Found in books: Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 50
38. Anon., Dnkard, 8.39.14  Tagged with subjects: •sasanian persia, law •law, sasanian law Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 412
39. Zoroastrian Literature, Hērbedestān, 19  Tagged with subjects: •sasanian, administrators/administration, law Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 50
40. Babylonian Talmud, Ar, 28a  Tagged with subjects: •sasanian persia, law •law, sasanian law Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 411
41. Cicero, Cod Theod X, 18.1-18.3  Tagged with subjects: •sasanian persia, law •law, sasanian law Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 412
42. Zoroastrian Literature, Mādayān Ī Hazār Dādestān, 55.10-59.10, a38.12-16, 99.17-100.5, 56.5-58.7  Tagged with subjects: •nan Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 96; Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 96
43. Babylonian Talmud, Mk, 18a  Tagged with subjects: •sasanian persia, rabbinic law and narrative in sasanian context Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 407
44. Zoroastrian Literature, Šahrestānīhā-Ī Ērānšahr (Ed. Daryaee), 56.5-58.7, 99.17-100.5  Tagged with subjects: •nan Found in books: Secunda, The Talmud's Red Fence: Menstrual Impurity and Difference in Babylonian Judaism and its Sasanian Context (2020), 109
45. Zoroastrian Literature, Videvdad, 5.4  Tagged with subjects: •law, sasanian law Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 415
46. Anon., Mhd (Book of A Thousand Judgments), 73.8-73.10  Tagged with subjects: •law, sasanian, (book of a thousand judgments) Found in books: Fonrobert and Jaffee, The Cambridge Companion to the Talmud and Rabbinic Literature Cambridge Companions to Religion (2007) 171
47. Anon., Scholia In Nicandrum, 17.1, 30.10, 30.12, 37.2-37.10, 90.4, 95.1  Tagged with subjects: •law, sasanian (dad) Found in books: Nikolsky and Ilan, Rabbinic Traditions Between Palestine and Babylonia (2014) 255, 264
48. Anon., Šāyist Ne Šāyist, 4.13  Tagged with subjects: •sasanian persia, rabbinic law and narrative in sasanian context Found in books: Hayes, The Literature of the Sages: A Re-Visioning (2022) 407
49. Mishna, Bablyonian Talmud, 10.14  Tagged with subjects: •sasanian, administrators/administration, law Found in books: Secunda, The Iranian Talmud: Reading the Bavli in Its Sasanian Context (2014) 93, 108