Mishnah
1 One may water irrigated plots on the holiday and in the Sabbatical year both from a well that has just begun to flow and from a well that has not just begun to flow, but neither from rainwater nor from pumped water, nor does one make beds for vines.
Halakhah
“One may water irrigated plots,” etc. The rule is clear for a well that has not just begun to flow. But what about a well that has just begun to flow? Doesn’t that require effort? But this follows Rabbi Meïr’s opinion, since Rabbi Meïr says one uses it to irrigate even a field depending on rainwater. Rabbi Yose said, everyone agrees if there was one spring and it became two or its waters were few and its flow increased. We have taught: “From a well that has just begun to flow one irrigates even a field depending on rainwater, the words of Rabbi Meïr; but the Sages say one uses it to irrigate only an irrigated plot which dried up.” In the opinion of Rabbi Meïr one irrigates from it a crop not in danger of loss and a crop whose irrigation requires effort. In the opinion of the rabbis one irrigates from it only a crop in danger of loss and only if it does not require effort. What do the rabbis say if there is danger of loss but it requires effort? Consider the following: Any plot whose crops keep losing value is an irrigated plot. When its crops stop weakening, it is a field depending on rainwater; this is the disagreement between Rabbi Meïr and the Sages. How long does it have to be irrigated to become an irrigated field? Only if it was irrigated two or three days before the holiday? Consider the following: The Qabray dried up three days before the holiday, and it came back on the holiday. The case came before Rav Ḥuna who said, the weakened crops should be irrigated, but those not weakened may not be irrigated. Rabbi Jonah and Rabbi Yose instructed about that cool, shady place which was sown with barley that it should be cut on the holiday to prevent the barley from cracking and being lost.
The rule is clear for pumped water. But what about rainwater? Rabbi Joḥanan said, they decided about rainwater because it is like pumped water. Rabbi Bisna in the name of Rabbi La: They stated this only on a holiday; so in the Sabbatical year it is permitted. What is the difference between the Sabbatical year and the holiday? In the Sabbatical year, when work is permitted, they permitted both activities requiring effort and activities not requiring effort. On a holiday, when work is forbidden, they permitted only activities that avoid loss and do not require effort. Some explain it as follows: They permitted it during the Sabbatical year because it is long, but forbade it during the holiday because it is short. Then the last seven days of that year should be compared to the seven days of a holiday and be forbidden.
Rabbi Jeremiah asked, what is the status of uninterrupted rest-water? Consider the following: “What is rest-water? As long as it rains and the mountains are muddy; after the rain stops and the mountains are still muddy it is rest-water. When they are no longer muddy it is like cistern water.” For how long? Ḥiyya bar Abun in the name of Rabbi Joḥanan: Until the soft soil produces flowers. Rabbi Eleazar ben Rabbi Yose in the name of Rabbi Tanḥum ben Rabbi Ḥiyya: Until they become like goose feet. Rabbi Jeremiah asked: If the soft soil produced flowers before it stopped? Is it considered like a source retroactively or only for the future? In what situation? If he immersed needles and hooks in it. If you say it is considered a spring retroactively, they are pure. If only for the future, they are impure. Rabbi Eleazar ben Rabbi Yose asked, how do you treat these waterfalls? Like pumped water or not like pumped water? May one irrigate from a pond which was filled from a well, but water supply from the well stopped? Consider the following: “but one irrigates neither from rainwater nor from pumped water.” What case are we discussing? If it is while rain is falling, is it not as if irrigating the ocean? We must be discussing a time after the rain has stopped. If it is after the rain has stopped, is this not like a pond which was filled from a well, but water supply from the well stopped? Since you say that one does not irrigate from it this implies that one does not irrigate from a pond which was filled from a well, but water supply from the well stopped. May one irrigate from a pond which was filled with pumped water but one channeled well water into it? Consider the following: One irrigates from an irrigated field which drips into another irrigated field. Rabbi Jeremiah said, as long as it drips. Can one irrigate because of the dripping? Isn’t it because the pond is full? This implies that one irrigates from a pond which was filled with pumped water but one channeled well water into it. Samuel taught: One does not irrigate on a holiday from pools and ponds which were filled before the holiday. But one irrigates without hesitation if a water channel passes through them.
“Nor does one make beds for vines.” The beds are furrows around the roots of the trees, as we have taught elsewhere, “the handle of the spade is four handbreadths.”
Mishnah
2 Rabbi Eleazar ben Azariah says, one does not make new water canals on the holiday or in the Sabbatical year but the Sages say that one makes new water canals in the Sabbatical year and one repairs the broken ones on the holiday and one repairs all defects in the public water system and cleans it. Also one repairs the roads, and the streets, and water pools, and one looks after all public needs, and marks the graves, and also goes to inspect for kilaim.
Halakhah
Elsewhere we have taught: “Rabbi Eleazar ben Azariah forbids unless he raises or lowers by three hand-breadths or puts it on a rock.” One may give two explanations. If he had a small amount of manure in his house before the Sabbatical year and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the offenders stopped working. Rabbi Eleazar ben Azariah forbids it. What is the reason given by Rabbi Eleazar ben Azariah? Perhaps there will be no more manure and he ends up fertilizing that place. It turns out that Rabbi Eleazar ben Azariah parallels Rabbi Yose. Just as Rabbi Yose says, manure is not easily found, so Rabbi Eleazar ben Azariah says, manure is not easily found. One may give another explanation: If he had a small amount of manure in his house before the Sabbatical year and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the offenders stopped working. Rabbi Eleazar ben Azariah forbids it. What is the reason given by Rabbi Eleazar ben Azariah? Perhaps there will be no more manure and he ends up fertilizing that place. Is it not already fertilized from before the Sabbatical? Rabbi Jeremiah, Rabbi Abun bar Ḥiyya in the name of Rabbi Abba bar Mamal: because of the bad impression, unless he transports ten boxes together. Do the rabbis not care about bad impressions? Rabbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap. Rabbi Yose ben Rabbi Abun applied these traditions from here, as we have stated: “Rabbi Eleazar ben Azariah says, one does not make new water canals on the holiday or in the Sabbatical year.” Rabbi Jeremiah said, because he would prepare its banks to be sown. Rabbi Jeremiah, Rabbi Abun bar Ḥiyya in the name of Rabbi Abba bar Mamal: because of the bad impression. They wanted to say, the one who says there “because of the bad impression” also here “because of the bad impression.” How would the one who says there “because he would prepare its banks to be sown” explain the other case? The only answer would be, “perhaps there will be no more manure and he ends up fertilizing that place.” What is the difference between them? If he dug a water canal for a building. They wanted to say that the one who said there “because of the bad impression” also here “because of the bad impression.” For the one who says here “because he would prepare its banks to be sown,” clearly in this case its banks will not be prepared for sowing. Everybody agrees that if he gathered stones, pebbles, lime, or cement there it is permitted.
“One repairs the broken ones on the holiday.” This applies if the work is needed for the holiday. Anything not needed for the holiday is forbidden for an individual. For the public, however, even work not needed for the holiday is permitted. For example: the baths of Sakuta were damaged on the holiday and Rabbi Abbahu allowed them to be repaired on the holiday. If it requires effort and he planned it, we would not permit it. It is permitted only if he did not plan his work for the holiday. They said, if it is not done now it will never be done. The cauldron of Sepphoris was damaged on the holiday. The colleagues wanted to say that it is permitted from the following, “one repairs all defects in the public water system.” Rabbi Phineas said, Rabbi Jeremiah forbade it only because of the rules of the hammer. The cemetery of Bar Meqatia was damaged on the holiday. Rav Ḥuna thought it was permitted on the basis of the following: “and one looks after all public needs.” Rabbi Mana told him, but did not Rabbi Samuel state, “only to smooth its fissures.”
“And cleans it.” One cleans it, as we have taught elsewhere, “someone who cleans a pipe to get pebbles.”
“And one looks after all public needs.” “The following are the public needs: One judges civil suits, and capital crimes, and cases of flogging, and one redeems kidnap victims, and valuations, bans, and dedications, and one gives the suspected adulteress the water to drink, and burns the Cow, and one breaks the neck of the calf whose neck was to be broken, and one pierces the ear of a Hebrew slave, and one purifies the sufferer from skin disease, and removes the shoe from the block but one may not return it.”
“One marks the graves.” Were they not already marked in Adar? The case is one in which a rainstorm caused a flood that washed the marks away.
“And also one goes to inspect for kilaim.” Did they not already go in Adar? The case is one in which the growing season was late and the plants could not yet be identified.
What is the source for marking graves? Rabbi Berekhiah, Rabbi Jacob the son of the daughter of Jacob, in the name of Rabbi Onias from Hauran. Rabbi Yose said it, Rabbi Jacob bar Aḥa in the name of Rabbi Onias from Hauran. Rabbi Ḥizqiah, Rabbi Uziel the son of Rabbi Onias from Hauran in the name of Rabbi Onias from Hauran: impure, impure, he must call outLeviticus 13:45; the impurity itself has to call out and say to you: go away! Rabbi Hila in the name of Rabbi Samuel bar Naḥman: The emissaries will crisscross the land. If one sees a human bone, he builds a sign near itEzekiel 39:15. A bone teaches that one makes signs for bones. A human teaches that one makes signs for spine and skull. He builds, this teaches that one makes signs on fixed stones. If you say on loose ones, it would move and make other places impure. Near it, in a ritually pure place. A sign, from here the marks. If one found a single marked stone, even though one should not keep it so, if somebody forms a tent over it he is impure; I say a marked corpse was under it. If there were two, he who forms a tent over any one of them is pure; between them he is impure. If there was a plowed strip between them, they count as single stones. The area between them is pure and the area around them is impure. It was stated: “One does not mark flesh, for perhaps it will decompose.” Rabbi Justus bar Shunem asked Rabbi Mana: Will that not cause pure food to be retroactively made impure? He said to him, it is better that these should become unusable for a limited time than that the place become unusable forever.
Mishnah
3 Rabbi Eliezer ben Jacob says, one draws water from tree to tree, but he should not water the entire orchard. He may not irrigate produce during the holiday if it was not irrigated before the holiday. However, the Sages permit in both cases.
Halakhah
Rabbi Mana said it anonymously, Rabbi Abun in the name of Samuel. Their disagreement is reported without identifying them. What case are we discussing? If they are widely spaced everybody agrees that it is forbidden. If they are tightly planted everybody agrees that it is permitted. We are discussing a case in which they are planted ten to a bet seah. Rabbi Eliezer ben Jacob treats it as widely spaced, the rabbis treat it as tightly planted. So the rabbis said, if widely spaced it is forbidden to irrigate; may one continue? Let us learn the opinion of the rabbis from that of Rabbi Eliezer ben Jacob. Just as Rabbi Eliezer ben Jacob says, it is forbidden to irrigate but permitted to continue, so the rabbis say that it is forbidden to irrigate but permitted to continue. Did we not think that according to everybody if they are widely spaced it is forbidden; but is white dust not as if widely spaced? But here the discussion concerns the Sabbatical year, and there it concerns the holiday. What is the difference between the Sabbatical year and the holiday? In the Sabbatical year, when work is permitted, they permitted both activities requiring effort and activities not requiring effort. On a holiday, when work is forbidden, they permitted only activities that avoid loss and do not require effort. Some explain it as follows: They permitted it during the Sabbatical year because it is long, but forbade it during the holiday because it is short. Then the last seven days of that year should be compared to the seven days of a holiday and be forbidden. A teaching was found: “One may sprinkle with water on white dust during the Sabbatical year but not during the holiday, the words of Rabbi Simeon. Rabbi Eliezer ben Jacob forbids.”
“However, the Sages permit in both cases.” What does it mean by “in both cases”? Whether it was irrigated before the holiday or was not irrigated before the holiday? Rather, both for trees and for vegetables.
Mishnah
4 One may catch moles and rats from an orchard or a white field in the usual way on the holiday or in the Sabbatical year; Rabbi Judah says from an orchard in the usual way but from a white field using a different method. One repairs a breach on the holiday; but in the Sabbatical he builds normally.
Halakhah
Eshut is the mole. Although this is not proof, it is an indication: Like a stillborn mole that never sees the sunPsalms 58:8!
The rule is clear for a mole. But why a white field? It means a white field next to an orchard.
“In the usual way” means catching with a trap. “Using a different method” means he impales it on a spear, hits with an ax, or flattens the earth under it. It was stated: “One destroys ant hills on the holiday. How does one do it? Rabban Simeon ben Gamliel says, he takes from one and puts them next to another and they will kill one another,” but only if there is a water canal between them.
“One mends a breach on the holiday,” stone on stone and pebble on pebble; “but in the Sabbatical he builds normally,” stone on pebble and pebble on stone. Only a breach which is not surrounded by dust. But it is forbidden to mend a breach which is surrounded by dust in the Sabbatical year. It was taught: In the Sabbatical year it is forbidden to fence in any breach which is surrounded by dust; but it is permitted to fence in any breach which is not surrounded by dust, unless it represents a danger to the public. But if it represents a danger to the public it may be fenced in during the Sabbatical year even though it is surrounded by dust. For example: “If his wall was sloping one tears it down and rebuilds.” Could he not tear down and not build? Rabbi Ḥanania in the name of Rabbi Joḥanan: They permitted the end because of the beginning. For if you tell him not to rebuild, he will not tear it down, creating a danger.
Mishnah
5 Rabbi Meïr says, one inspects skin-disease to ease the restrictions but not to tighten them; but the Sages say, neither to ease nor to tighten the restrictions. Rabbi Meïr also said, a person may collect his father’s or mother’s bones because it is an occasion of joy. Rabbi Yose says, it is an occasion of mourning. Thirty days before the holiday one should neither memorialize nor eulogize his deceased.
Halakhah
Elsewhere we have taught: “A white spot the size of a grit and it spread the size of a grit and in the spread appeared a healthy spot or a white hair but the original disappeared. Rabbi Aqiba declares him impure, but the Sages say, it should be seen as a new case.” Therefore, Rabbi Aqiba declares him impure absolutely. But the rabbis say, it should be seen as a new case as absolutely impure. What is the difference between them? Rabbi Joḥanan said, they disagree about the eve of a holiday. Rabbi Aqiba says that this is the former case and you do not examine him either to ease or to tighten the restrictions. But the rabbis say that this is a new case and you free him from the first one. And this is “not to restrict” that you should not examine the second case either to ease or to tighten the restrictions. Rabbi Yose in the name of Rabbi Aḥa, it turns out that the single opinion here parallels the anonymous opinion there and the single opinion there parallels the anonymous opinion here. The single opinion here parallels the anonymous opinion there: Rabbi Aqiba says that this is the former case and you do not examine him either to ease or to tighten the restrictions. And the single opinion there parallels the anonymous opinion here: The rabbis are saying that this is a new case and you free him from the first one. And we have taught here, “Rabbi Meïr says, one inspects skin-disease to ease the restrictions but not to tighten them.” Rabbi Yose ben Rabbi Abun in the name of Rabbi Aḥa: Either following the single opinion here or the rabbis here the rabbis there agree to ease the restrictions but not to tighten them. There, if the original disappeared, but here, if the indications of impurity disappeared and the original remains. “Rabbi said, the opinion of Rabbi Yose is reasonable for one in quarantine and the opinion of Rabbi Meïr if he is absolutely impure.” Rabbi Zeʿira said, they disagree about the holiday itself. Rabbi Aqiba says that this is the former case; could he enter the Temple courtyard? But the rabbis say, this is a new case; could he not enter the Temple courtyard? Therefore, Rabbi Aqiba declares him impure absolutely. But the rabbis say, it should be seen as a new case to become absolute. What practical difference is there between them? He will be glad to hear a temporary release from the priest. Samuel said, they disagree about expansion. Rabbi Aqiba says that this is the former case and the expansion of impurity is pure. But the rabbis say that this is a new case and the expansion of purity is impure. One said in Samuel’s name, they disagree about expansion and treatment-resistant scabies. Rabbi Aqiba says that this is the former case and the expansion of impurity is pure. But the rabbis say that this is a new case and the expansion of purity is impure. Because it is another case. Otherwise it would be pure. It parallels what Rabbi Simeon ben Laqish said when they differed, if it developed treatment-resistant scabies, Rabbi Joḥanan said pure, Rabbi Simeon ben Laqish said impure.
Rabbi Meïr also said, a person may collect his father’s or mother’s bones because it is an occasion of joy. In earlier times, they buried them in ditches. When the flesh had rotted away, they collected them and buried them in cedar wood. On that day he mourned, but the next day he was happy, implying that his parents were at rest from judgment.
It was stated: If a person transports a casket from place to place the rules of collecting bones do not apply. Rabbi Aḥa said, that applies only to a stone sarcophagus. But to a wooden casket the rules of collecting bones do apply. Rabbi Yose said, even to a wooden casket the rules of collecting bones do not apply. What counts as collecting bones? If one transports them in a striped garment from place to place. And it was taught: In collecting bones one collects them bone by bone after the flesh has decomposed. Rabbi Ḥaggai in the name of Rabbi Zeʿira: It means collecting the bones themselves. It was stated: There is no obligation to observe mourning on receiving news about collecting bones. Rabbi Ḥaggai said, that is if he was informed the next day. But on the day itself there is an obligation to observe mourning on receiving news about collecting bones. Is there a minimum for collecting bones? Nikomachos stated before Rabbi Zeʿira: There is no minimum quantity for collecting bones. About this, Rabbi Mana instructed Rabbi Hillel from Kifra to tear and mourn following Rabbi Aḥa but not to defile himself following Rabbi Yose. It was stated: When collecting bones, one does not recite lamentations and dirges; one recites neither the blessings for mourners nor the consolations for mourners. These are blessings for mourners: what is recited in the synagogue. These are consolations of mourners, what is said in the row of consolers. It was stated: But one says words. What are words? The rabbis of Caesarea are saying, eulogies.
“A person should neither memorialize,” what is memorializing? Mentioning him among the dead. “Nor eulogize his deceased,” what is eulogy? He arranged a eulogy for him alone. This applies to earlier deaths, but for recent deaths it is permitted. What is new and what is old? New within thirty days, old after thirty days. It was stated, a woman must not memorialize her consort on the holiday. Rabbi Naḥman in the name of Rabbi Mana said, her consort, as one says, those who help them express their griefJob 3:8. It was stated: A man should not marry a woman who has sons, even in the grave. Rabbi Yasa said, because of what happened.
Mishnah
6 One does not dig niches and graves on the holiday but one may prepare them for use. One makes a temporary grave and a coffin for the deceased in the courtyard; Rabbi Judah forbids unless he has boards ready.
Halakhah
What does preparing a grave mean? Rabbi Yose ben Nehorai said, one whitewashes it with lime. Rav Ḥisda said, if it was long he shortens it. Rabbi Joshua ben Levi said, he enlarges it at one side and widens it at another side. Rabbi Ḥiyya stated, “he enlarges and widens it whether on one side or at two sides.”
“On the holiday one makes a temporary grave,” “this is a cleavage.” Any flat area is called a cleavage.
“And a coffin for the deceased in the courtyard;” this applies to a deceased person who is not well known. But for a well-known deceased person one makes a coffin even in public. When Rabbi Ḥanina the colleague of the rabbis died they made him a coffin in public. Everybody agrees that one may not cut down cedars for him, and similarly not quarry stones for him. If they had been quarried, this is the disagreement between Rabbi Judah and the rabbis.
Mishnah
7 One does not marry women on a holiday, neither virgins nor widows, nor does one enter into levirate marriage, because it is a joy for him. But he may take back his divorced wife, and a woman does adorn herself on the holiday. Rabbi Judah says, she may not use lime because it disfigures her.
Halakhah
Simeon bar Abba in the name of Rabbi Joḥanan: Because it would discourage being fruitful and multiplying. They asked Rabbi Yose: May a slave marry a woman on a holiday? He told them, consider the following: “One who is half a slave and half a free man.” And Rabbi Simeon bar Abba said in the name of Rabbi Joḥanan: Because it would discourage being fruitful and multiplying. This implies that a slave is commanded to be fruitful and multiply and anybody commanded to be fruitful and multiply is forbidden to marry on a holiday.
Rabbi Ila, Rabbi Eleazar in the name of Rabbi Ḥanina: Because one does not mix one joy with another joy. Rabbi La understood it from the following: For they celebrated the dedication of the altar for seven days and the holiday for seven days2 Chronicles 7:9. Rabbi Jacob bar Aḥa understood it from the following: complete this woman’s weekGenesis 29:27. Rabbi Abbahu in the name of Rabbi Eleazar: Because of the exertion. It was stated: But one may plan and marry on the eve of a holiday. This does not contradict Rabbi Eleazar; this does not disagree with Rabbi Joḥanan. It does not even contradict Rabbi Ḥanina. Rabbi Abba said, when the bride enters the exertion leaves.
“But he may take back his divorced wife,” because it is a joy for him. This applies after a completed marriage, but after a preliminary marriage it is forbidden.
“A woman does adorn herself on the holiday.” The following are women’s adornments: She braids, and puts on kohl, and combs her hair, and removes hair and fingernails, and moves a grating instrument over her face. Rabbi Yudan the father of Rabbi Mattaniah said, the baraita uses discreet language.
“Rabbi Judah says, she may not use lime because it disfigures her.” Two Amoraim, Rabbi Ḥanina and Rabbi Mana. One said, they disagreed about lime that she removes on the holiday, but everyone agrees that lime she removes after the holiday is forbidden. But the other says, they disagreed about lime that she removes after the holiday. Everyone agrees that lime she removes during the holiday is permitted. We did not know which of them said which opinion. From what Rabbi Ḥanina and Rabbi Yasa said in the name of Rabbi Joḥanan, Rabbi Judah is consistent: just as Rabbi Judah said there, temporary pain is pain, so he says here, temporary disfigurement is disfigurement. This implies that they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden.
Mishnah
8 An amateur sews in the usual way, but a craftsman stitches irregularly. Beds may be interlaced. Rabbi Yose says, they may also be tightened.
Halakhah
In the House of Rabbi Yannai they said, “normally,” he fills his needle. “Staples,” stitch by stitch. Rabbi Joḥanan said, “normally,” stitch by stitch. “Staples,” he jumps. A baraita supports Rabbi Joḥanan: The cobblers are stapling on the holiday. If you say stitch by stitch, that is what they are doing professionally. We must be discussing a case in which they sew irregularly. Who counts as an amateur and who as a professional? Rabbi Yose ben Ḥanina said, one who matches seams is a professional, but anyone who does not match seams is an amateur. Rabbi Simon said, the Mishnah refers to those who sew pockets.
“One tightens.” Rabbi Yasa said, Ḥizqiah and Rabbi Joḥanan disagree. Ḥisqiah said: making a lattice, warp and weft; tightening, either warp or weft. Rabbi Joḥanan said: making a lattice, either warp or weft; tightening, if it is loose he tightens it. Rabbi Ḥiyya bar Abba said, everybody agrees that making a lattice means warp and weft. Where do they disagree? About tightening. Ḥisqiah said: either warp or weft; Rabbi Joḥanan said: if it is loose he tightens it. Rabbi Yasa instructed Samuel bar Ḥanina that “making a lattice” means warp and weft. We do not know whether this follows Ḥizqiah or it follows Rabbi Ḥiyya bar Abba and everybody’s opinion. Rabbi Abun bar Ḥiyya said to Rabbi Zeʿira: a Mishnah teaches that making a lattice means warp and weft, as we have taught elsewhere, “when is the rope connected to the bed? If he wove three boxes.” Could you say warp without weft or weft without warp? Could one stretch weft threads and make a lattice?
Rav Hoshaia had flour but he ground wheat. Rabbi Zeʿira said to Rabbi Jonah: go and buy us black ones to pound. He said to him, do we have a holiday grindstone? He was offended by him.
Mishnah
9 One installs an oven and a stove on the holiday. Rabbi Judah says, one does not roughen millstones initially on the holiday.
Halakhah
Rabbi Ḥalaphta bar Shaul stated, provided it is not newly made on the holiday. It was stated: One must not soak a new oven or stove with oil, patch it with a strip, or wash it down with cold water to close its pores. But in order to cook a pot of food on it this is permitted. And it was taught: A new oven or stove is like all implements which are moved in a courtyard. Rabbi Yudan ben Rabbi Ishmael instructed in an emergency to bring a new stove from the house of the potter to cook on it for the first time on the full holiday.
Mishnah
10 One makes a railing for the roof or the balustrade unprofessionally but not professionally. One smooths the fissures and works them with a roller, by hand or by foot, but not with a spatula. One repairs a broken hinge, pipe, beam, lock, or key on the holiday provided that he does not plan his work for the holiday. One may make any preserves that can be eaten during the holiday.
Halakhah
For the roof three, for the balustrade ten hand-widths.
“One smooths the fissures.” Rabbi Ḥiyya stated, someone who smooths does so with his foot; someone who uses a roller smooths with his hand. Our Mishnah is about a small roller, but what Rabbi Ḥiyya stated is about a large roller.
“One repairs a broken hinge, pipe, beam, lock, or key on the holiday provided that he does not plan his work for the holiday.” For example: The socket for Rabbi Mana’s ladder broke. He asked his father Rabbi Jonah who permitted it. Nevertheless he told him, go out and find an Elder and rely on him. He went out and found Rabbi Abun bar Cahana who gave him permission.
“One may make any preserves that can be eaten during the holiday.” Therefore not preserves that cannot be eaten on the holiday. Rabbi Abba said, this applies if they would not spoil. But things likely to spoil are permitted. It was stated: One may not go out and collect greenery which is not usually eaten on the holiday and sell it on the market. Rav Hoshaia said, if you said that you would permit professional work on the holiday. But did not Rabbi Abba say, this applies if they would not spoil; but things likely to spoil are permitted? The baraita refers to someone who collected it during the holiday. Rabbi Abba’s statement refers to someone who collected it on the eve of the holiday.
Mishnah
1 If one turned his olives over and mourning or an emergency happened to him, or he was misled, he loads the crossbar a first time and leaves it until after the holiday, the words of Rabbi Judah. Rabbi Yose says, he removes the fluid, and finishes as usual.
Halakhah
“If one turned his olives over,” etc. Our teaching says, “if one turned his olives over.” Rabbi Ḥiyya taught, he whose olives were turned over repeatedly. Our Mishnah needs the statement of Rabbi Ḥiyya, and the statement of Rabbi Ḥiyya needs our Mishnah.
If we had this teaching but Rabbi Hiyya had not taught his version, we would have said, we only said if he had turned them over only once, but if he turned them over repeatedly everybody agrees that it is permitted. Therefore our Mishnah needs the statement of Rabbi Hiyya. Or if Rabbi Hiyya had taught his version but we did not have our teaching, we would have said that we only said if he turned them over repeatedly. But if he turned them over only once, everybody agrees that it is forbidden. So both our Mishnah and Rabbi Hiyya’s baraita are needed.
Rabbi Phineas ben Rabbi Zakkai said, our Mishnah is about macerated ones, what Rabbi Ḥiyya stated is about berries. The rabbis of Caesarea are saying, the Mishnah follows Rabbi Judah, what Rabbi Ḥiyya stated follows Rabbi Yose. Rabbi Judah said, small amounts may be lost to prevent larger losses; Rabbi Yose says, nothing at all should be lost.
Rabbi Judah bar Pazi in the name of Rabbi Joḥanan: Just as they differ here they differ in the rules of mourning. As it was stated: The following things one does for the mourner in his mourning period. One presses his vat, and stirs his wine, and plugs his amphoras, and his repeatedly turned olives one grinds as usual, and one waters his irrigated fields if it is time for them to be irrigated, and one sows his field flax at the start of the rainy season, the words of Rabbi Judah. They told him, if it is not sown with flax it can be sown with another kind; if it was not sown in this week it can be sown in another week. Who is “they told him”? Rabbi Yose. The argument of Rabbi Judah seems inverted. There he said, small losses may be allowed to prevent larger ones, and here he says so? There is a difference since there he is likely to use a loophole. So much more the argument of Rabbi Judah seems inverted, since there where he is likely to use a loophole he says it is permitted, here where he is not likely to use a loophole, should this not be permitted all the more? Rabbi Ḥinnena said, who is “they told him”? The Sages following Rabbi Judah’s argument for the holiday.
Mishnah
2 Similarly, if his wine was in the cistern and mourning or an emergency happened to him, or he was misled, he may stir and treat and plug normally, the words of Rabbi Yose. Rabbi Judah says, he makes planks for it so it will not turn into vinegar.
Halakhah
Rabbi Zeʿira said, it only says “if his wine was in the cistern.” So starting the process is forbidden. What case are we discussing? If it was time to harvest the grapes and he did not harvest, he caused the damage to himself. If it was not time for the grape harvest, what could he have done? We must be discussing a case in which the time for the grape harvest arrived and he thought that he could finish but he could not. As the following: Rabbi Simeon ben Rabbi Yannai harvested his vineyard on the holiday. Everybody saw him and harvested after him. In another year he left it and it dried up. They are learning the wrong behavior but are not learning the correct behavior.
Rav Ḥiyya bar Ashi in the name of Rav: One is permitted to knit a net on the holiday to catch fish on the holiday. Rav Judah instructed that sieves may be made on the holiday for the needs of the holiday. Rabbi Immi instructed that pompa may be made on the holiday for the needs of the holiday. The rabbis of Caesarea are saying, one fires pans and pots for the needs of the holiday. Samuel said, one pitches barrels but one does not pitch pitchers. One pitches barrels since the pitch is thin; one does not pitch pitchers since the pitch is glazed. Some reverse the ruling: one pitches pitchers but one does not pitch barrels. One pitches pitchers since this is for immediate use; one does not pitch barrels, since this is for storage.
Mishnah
3 A person may haul in his produce because of thieves and remove his flax from the steeping to prevent it from spoiling on condition that he not plan his work on the holiday. In all cases if they planned their work for the holiday it should spoil.
Halakhah
And not following Rabbi Judah, since Rabbi Judah said, he sits and watches. Rabbi Jacob bar Aḥa in the name of the rabbis: merchandise in danger of spoilage may be moved on the holiday. Rabbi Jacob bar Aḥa in the name of Rabbi Yasa: it is permitted to buy from a caravan on the intermediate days of a holiday, if he knows that the caravan comes and depresses the prices. Rabbi Mana said, if he knows that not buying would depress his earnings he may buy; otherwise he may not buy. Rabbi Yose bar Abun said, earnings and capital are capital. If he knows that not buying would depress his capital he may buy; if not he may not buy. Rabbi Jonah and Rabbi Yose instructed in the matter of fine fabrics that one may buy them on the holiday to be used on the holiday. Rabbi Isaac ben Rabbi Eleazar instructed Rabbi Hoshaia ben Rabbi Shammai who was coming from a ship: Sell if you know that if you are selling the ship will wait for you when you come to drink with us; otherwise do not sell. Rabbi Jonah from Bostra had books. He asked Rabbi Huna, may I sell them on the holiday? He told him, enjoy the holiday, drink spiced wine.
Rabbi Ḥananiah the colleague of the rabbis said, merchandise is foreclosed from the property of orphans. They wanted to say, if there are witnesses; therefore not if there are no witnesses. The Rabbis of Caesarea in the name of Rabbi La: There must be witnesses who know, because if there are no witnesses who know it is treated as a deposit. So we are saying, a deposit is not foreclosed from the property of minor orphans. What is the difference from a loan? A loan is given to be spent, but this was not given to be spent.
Rabbi Abba bar Mamal said, If someone would vote with me, I would allow the sale of firstling meat by the pound and I would allow work on the intermediate days of the holiday. They forbade selling firstling meat by the pound only so that it would sell cheaply; but they use loopholes and sell it at high prices. They forbade work on the intermediate days of the holiday only so that they would eat, and drink, and devote themselves to Torah study; but they eat, and drink, and behave wantonly.
Rabbi Joḥanan said, if you were nominated for the city council, may the Jordan be the master of your border. Rabbi Joḥanan said, one complains to the government to be freed from the city council. Rabbi Joḥanan said, one borrows at interest for a company of obligation and the sanctification of the month. Rabbi Joḥanan used to go to the assembly hall in the morning, collect the crumbs, and eat them, saying: May my part be with those who ate here in the evening.
Mishnah
4 One only buys houses, slaves, animals, or stones, for the needs of the holiday or for the needs of the seller who otherwise would not have anything to eat. One may not move possessions from one place to another, but may move them into one’s own courtyard since this causes him joy. One does not bring vessels from the potter’s house; but if he is afraid for them he moves them into another courtyard.
Halakhah
The reason for all the other items is clear. But why stones? As the following: “If his wall was sloping one tears it down and rebuilds.” Could he not tear down and not build? Rabbi Ḥanania in the name of Rabbi Joḥanan: They permitted the end because of the beginning. For if you tell him not to rebuild, he will not tear it down, creating a danger.
Rabbi Joshua ben Levi asked Rabbi Simeon ben Laqish: may one buy houses from a Gentile? He said to him, What day does the Rabbi mean? On the Sabbath. It was stated: On the Sabbath it is permitted. How does one do it? He shows him wallets full of denars and the Gentile signs and files it with the Archives. We find that Jericho was only conquered on the Sabbath, as it is written, so you shall do for six daysJoshua 6:3. And it is written, and on the Seventh Day you shall circle the city seven timesJoshua 6:4. And it is written, until it is conqueredDeuteronomy 20:20, even on the Sabbath.
“If he has nothing to eat he harvests, and forms sheaves, and threshes, on condition that he not thresh with cattle.” This applies when he is supplying a single person. When supplying the public, he may even thresh with cattle.
One may not move from a beautiful dwelling to a beautiful dwelling, nor from an ugly dwelling to an ugly dwelling, nor from an ugly dwelling to a beautiful dwelling; not to mention from a beautiful dwelling to an ugly dwelling. But if it is his own property, even from a beautiful dwelling to an ugly dwelling; it is a joy for a person to live in his own home.
One may not move the dead or their bones from one honored grave to another, from one dishonored grave to another, or from a dishonored grave to an honored one. But if it is his own property, even from an honored to a contemptible; it is sweet for a person to rest with his ancestors.
“One does not bring vessels from the potter’s house.” This implies, merchandise in danger of spoilage may be moved on the holiday.
Mishnah
5 One covers cut figs with straw; Rabbi Judah says, also one thickens. The sellers of produce, clothing, and vessels, sell privately for holiday needs. Hunters, grain splitters and farina millers do their work privately on the holiday. Rabbi Yose said, they restricted themselves.
Halakhah
The Mishnah reads: one thickens; Rabbi Judah said, small losses may be allowed to prevent larger ones; Rabbi Yose says, nothing at all should be lost. Cahana said, there are things in holidays more difficult than “tent coverings” and “skin diseases.” There, Rav Jeremiah said in the name of Rav, one spreads a mat over rows of any bricks on the Sabbath. And here he says so? The rabbis of Caesarea in the name of Rabbi Jacob bar Aḥa: They disagree about pulling straw from the ground. The rabbis are saying, he plucks and thickens. Rabbi Judah says, he may not pluck but may thicken.
The net-fishermen of Tiberias, and the grain splitters of Acco, and the farina millers of Sepphoris, agreed not to work on the intermediate days of a holiday. The reason is clear for the farina millers of Sepphoris and the grain splitters of Acco. But do the net-fishers of Tiberias not diminish the enjoyment of the holiday? He may fish with a hook; he may fish with a stationary net. Even so, do they not diminish the enjoyment of the holiday? Rabbi Immi cursed them because they diminish the enjoyment of the holiday.
Mishnah
1 And the following shave on the holiday: A person who comes from overseas, or from being kidnapped, or leaves jail, and one whose excommunication was lifted by the Sages, and also someone who consulted the Sages and received permission, and the nazir, and the sufferer from skin disease between his impurity and his purity.
Halakhah
“And the following shave on the holiday: He who comes from overseas, or from being kidnapped, or leaves jail.” Therefore all other people are forbidden? Rabbi Simon said, they decreed about them so that they would not enter the holiday badly groomed. Elsewhere we have taught: “The people of the watch and those of the bystanders are forbidden to shave and to wash their garments, but on Thursday they are permitted because of the honor of the Sabbath.” Therefore on all other days they are forbidden? Rabbi Yose, Rabbi Abbahu in the name of Rabbi Joḥanan; Rabbi Abun, Rabbi Yasa in the name of Ḥizqiah: They decreed about them so that they would not enter their week badly groomed.
It was stated in the name of Rabbi Judah: Shaving is forbidden to someone who comes from overseas. Rabbi Judah follows his own opinion since Rabbi Judah said, it is forbidden to sail on the ocean. Then a Cohen who left for outside the Land and left against the will of the Sages should be forbidden to shave. A Cohen came to Rabbi Ḥanina. He said to him, may one leave for Tyre for a religious obligation, to give ḥaliṣah or to enter levirate marriage? He answered him, this man’s brother left; praised be the Omnipresent Who struck him down. And you want to do what he did. Some want to say, so he spoke to him: This man’s brother disdained his mother’s bosom and embraced another’s bosom, and you want to do what he did. Simeon bar Abba came to Rabbi Ḥanina and asked him to write a letter of recommendation so he could leave for his sustenance outside the Land. He said to him, tomorrow I will join your ancestors; they would say to me, we had one precious plant in the Land of Israel and you permitted it to leave the Land.
“Or he leaves jail.” We thought to say, if he was jailed by Gentiles, but not if he was jailed by Jews. This teaches you, even if he was jailed by Jews. A person does not want to groom himself in jail.
“And one whose excommunication was lifted by the Sages.” What case are we discussing? If they lifted it before the holiday, he should have shaved. If they did not lift it before the holiday, he may not shave. We are discussing a case in which they lifted it before the holiday and his thirtieth day fell during the holiday, since no excommunication is less than thirty days and no rebuke is less than seven days. No excommunication is less than thirty days, up to a month of days, until it comes out of your nosesNumbers 11:20. And no rebuke is less than seven days, let her be locked away for seven daysNumbers 12:14. Rabbi honored Ben Elasa. Bar Qappara said to him, everybody is asking Rabbi, only you are not asking Rabbi. He asked him, what to ask? He said to him, ask: “From Heaven she looks down, she is busy in her house; boys see her and hide, old men rise and stand. The one who flees says, ho, ho, and the one caught is caught in his sin.” Rabbi turned around and saw him laughing. Rabbi said, I do not know you, old man. He understood that he would not be ordained during Rabbi’s lifetime.
They wanted to excommunicate Rabbi Meïr. He said to them, I do not listen to you unless you tell me whom one excommunicates, why one excommunicates, and how many reasons there are to excommunicate.
They wanted to excommunicate Rabbi Eliezer. They said, who will go and inform him? Rabbi Aqiba said, I will go and inform him. He went to him and said to him, my teacher, my teacher, your colleagues are excommunicating you. He took him outside, saying: Carob tree, carob tree, if the ruling should follow their words, be uprooted. It was not uprooted. If the ruling should follow my words, be uprooted. It was uprooted. If the ruling should follow their words, turn back. It did not turn back. If the ruling should follow my words, turn back. It turned back. Despite all these extraordinary events, the ruling does not follow Rabbi Eliezer. Rabbi Ḥanina said, when it was given, it also was given to follow the majority opinionExodus 23:2. Did Rabbi Eliezer not know that practice has to follow the majority opinion? He was offended only because they burned his food prepared in purity in his presence. There we have stated: “If it was cut into strips and sand was placed between any two strips, Rabbi Eliezer declares pure but the Sages declare impure. This is the Ḥakhinai oven.” Rabbi Jeremiah said, a great irritation occurred on that day: Everything on which Rabbi Eliezer gazed was burned. Not only that, but a grain of wheat might have been half burned and half not burned, and the walls of the house of assembly were weakened. Rabbi Joshua said to them, if colleagues are fighting, what does this concern you? There came a voice without a visible speaker and said, practice follows My son Eliezer. Rabbi Joshua said, it is not in HeavenDeuteronomy 30:12. Rabbi Crispus, Rabbi Joḥanan in the name of Rabbi: If a person would say to me, that is how Rabbi Eliezer taught it, I would teach it in his name, since the Tannaim reverse attributions. Once he was walking in public and he saw a woman sweeping her house and throwing out the sweepings, which fell on his head. He said, it seems that today my colleagues are befriending me, for it is written: He lifts the downtrodden from the dung heapPsalms 113:7.
Rabbi Joshua ben Levi sent for a man three times but he did not come. He sent, saying to him, if I had not ever excommunicated a person, I would have excommunicated this man since for 24 reasons one excommunicates and this is one of them: The entire property of anybody who will not come within three days following the council of ministers and Elders shall be confiscated and he shall be separated from the community of the DiasporaEzra 10:8. Rabbi Isaac ben Rabbi Eleazar said, there are many more of these dispersed in the Mishnah. There, we have stated: “Simeon ben Shataḥ sent to him and told him, you should be excommunicated.” For if a decision had been made as it was in the days of Elijah, would you not have caused a desecration of the Name in public? And everybody who causes a public desecration of the Name must be excommunicated. There, we have stated: Rabban Gamliel sent to him, if you hinder the public you will create a future stumbling block for the public; would you not prevent the public from performing a meritorious act? And any who would hinder the public from performing a meritorious act must be excommunicated.
It was stated: Rabbi Yose said, Theudas of Rome led the people of Rome to eat helmeted kid-goat on Passover nights. The Sages sent and said to him, if you were not Theudas, would we not put you in the ban? Who was Theudas? Rabbi Ḥananiah said, because he was providing for the rabbis. Are you not causing the public to eat sancta outside the Temple? And anybody causing the public to eat sancta outside the Temple must be placed under the ban.
Elsewhere we have taught: “Whom did they excommunicate? Eleazar ben Hannad who questioned the purity of hands.” This implies that one who questions even one of the words of the Sopherim needs excommunication. Elsewhere we have taught: “They let her drink dikma.” What is dikma? An imitation. “They excommunicated him, he died in his excommunication, and the Court stoned his coffin. To teach you that one stones the coffin of anybody dying in his excommunication.” This implies that anybody insulting an Elder, even after his death, needs to be excommunicated. In the days of Rabbi Zeʿira they were excommunicating and readmitting. Rabbi La said to them: Do we excommunicate someone one moment and readmit him the next? They took up the matter and voted, when he changes his opinion one readmits him.
One who is excommunicated by the teacher is excommunicated for the student; excommunicated by the student is not excommunicated for the teacher. One who is excommunicated by the chief judge is excommunicated for the rabbi; excommunicated by the rabbi is not excommunicated for the chief judge. One who is excommunicated by the patriarch is excommunicated for everybody. This applies when an ordained rabbi excommunicates someone. Does it also apply to an ordinary person? Consider the following: A slave woman of Bar Pata passed by a synagogue. She saw a Bible teacher who hit a child more than necessary. He said to him, this man has to be put in the ban. He went and asked Rabbi Aḥa who told him, you have to worry about yourself. This implies that a person who does something improper needs to be excommunicated. Rabbi Simeon ben Laqish was looking after figs at Barbarit. Robbers came and stole from them during the night. Eventually he noticed them. He said to them, these people shall be excommunicated. They said to him, this person shall be excommunicated. He was worried about himself. He said, they owe me money; maybe souls? He went out after them, said to them: release me from the ban. They said to him, if you release us, we will release you. This implies that if somebody excommunicated somebody unnecessarily and he in turn excommunicated him, his excommunication is excommunication.
Who permits? Did we not state, if one of the excommunicators died one may not permit him? Rabbi Joshua ben Levi said, this applies in the absence of a Patriarch. But if there is a Patriarch, the Patriarch may release him. Rabbi Jacob bar Aḥa in the name of Rabbi Abba bar Mamal: It happened that one of the excommunicators died and they did not release him. Did not Rabbi Joshua ben Levi say, this applies in the absence of a Patriarch, but if there is a Patriarch, the Patriarch may release him? What Rabbi Jacob bar Aḥa in the name of Rabbi Abba bar Mamal said is confirmed if he did not reform. Rabbi Jacob bat Abbay in the name of Rav Sheshet: At Usha they voted not to excommunicate an ordained rabbi. This parallels what Rabbi Samuel said in the name of Rabbi Abbahu: One does not strip an ordained rabbi who is guilty of something of his title but tells him, respect yourself and sit in your house2 Kings 14:10. Rabbi Jacob bat Abbay in the name of Rabbi Aḥa: One treats an ordained rabbi who forgot his learning because of circumstances beyond his control with the holiness of the Ark. Rabbi Aḥa, Rabbi Tanḥum, Rabbi Ḥiyya in the name of Rabbi Joḥanan: Excommunication by an ordained rabbi who excommunicated for his personal benefit is no excommunication.
In the days of Rabbi Jeremiah there came a calamity on the Tiberians. He sent and demanded a silver candelabrum from Rabbi Jacob ben Rabbi Abun. He sent to tell him, Jeremiah still does not change from his evil ways. He wanted to excommunicate him. Rabbi Ḥiyya ben Rabbi Isaac from Atoshia was sitting there. He said to him, I heard that one may excommunicate an ordained rabbi only if he acted like Jeroboam son of Nebat and his colleagues. He answered, “They let her drink dikma.” Did he act like Jeroboam son of Nebat and his colleagues? They excommunicated one another, were concerned about one another’s ban, and needed release from one another.
“And also someone who consulted the Sages and received permission.” What case are we discussing? If he asked before the holiday he should shave; if he did not ask before the holiday he should not shave. We are discussing a case in which he asked before the holiday and they found an opening only on the holiday. As the following: They did not find an opening for Rabbi Simeon ben Rabbi until one of the Sages of Galilee came; some say, he was Rabbi Simeon ben Eleazar. He took him from one place and put him in another, he took him from one place and put him in another until finally he put him into the sun and told him to check his garments for fleas. They said to him, if you had known that this old man would treat you in such a way, would you have made the vow? He said, No. They permitted him. They asked, Where did you learn this? He said to them, I was Meïr’s servant when he fled the second time, but some say that Rabbi Meïr’s staff was in his hand and it taught him knowledge.
It was stated: All those whom they permitted to shave on a holiday are permitted to shave during the thirty days of mourning. There are Tannaim who state, forbidden. There are Tannaim who state, permitted. Rav Ḥisda said, he who said permitted, if there happened to be a holiday; he who said forbidden, if there was no holiday. A baraita disagrees with Rav Ḥisda. If his periods of mourning followed one another immediately he can trim his hair with a knife or coarse shears but not with scissors. But the second mourning relative to the first should be treated as circumstances beyond his control and he should be permitted. Therefore it only was said for the honor of the holiday. Rabbi Samuel bar Rav Isaac asked, the rule is clear for the first seven days. Within Thirty? Rabbi Ḥanania the colleague of the rabbis asked: Did we not state, these are the matters which are forbidden to the mourner during all Seven? If he would be forbidden during Thirty days, within Seven should it not be forbidden all the more? It could not have been said except if mournings immediately followed one another. Does this imply that he is permitted? Rabbi Mattania said, he who said “forbidden,” as usual with scissors.
Mustaches and cutting fingernails. There are Tannaim who state, permitted on a holiday and forbidden in mourning. There are Tannaim who state, forbidden on a holiday and permitted in mourning. He who said permitted on a holiday, if there happens to be a holiday; and forbidden in mourning, if there is no holiday. He who said forbidden on a holiday, if it involves trickery; and permitted in mourning, without trickery. Rav Ḥiyya bar Ashi in the name of Rav: practice follows him who is lenient on both occasions. Rabbi Simeon bar Abba in the name of Rabbi Joshua ben Levi: practice follows him who is lenient in the rules of mourning. Rav said, the lips follow cutting fingernails in all respects. Rabbi Jeremiah said, only if they interfere. Rabbi Isaac bar Naḥman in the name of Rabbi Ḥanina: A pair came before Rabbi about lips and cutting fingernails and Rabbi permitted it to them. Rabbi Simon in the name of Rabbi Ḥanina: There were two pairs, one from Amatheh and one from Yedid-Aleh, one about lips and one about cutting fingernails, and Rabbi permitted to them. For example. The sister of Rabbi Samuel bar Abba died and he was sitting cutting his fingernails. Rabbi Eleazar visited him and he did not cover them. Rabbi Nathan bar Abba visited him and he was covering them. He said to him, you did not cover them in front of Rabbi Eleazar; but in front of me you are covering them? He answered him, do you think that you are as dear to me as Rabbi Eleazar?
Mishnah
2 And the following may wash on the holiday: A person who comes from overseas, or from being kidnapped, or leaves jail, and one whose excommunication was lifted by the Sages, and also someone who consulted the Sages and received permission. Hand towels, and barber’s cloths, and body towels, and all who ascend from impurity to purity are permitted to wash, but anybody else is forbidden.
Halakhah
It was stated: It is permitted to wash women’s bath cloths on the holiday. Women’s bath cloths have the same status as men’s bath cloths. What are women’s bath cloths? The rabbis of Caesarea say, οθόνιον. Rabbi Abbahu in the name of Rabbi Joḥanan: A person who only has one garment may wash it on the holiday. Rabbi Yose ben Rabbi Abun said, this means two, that he may give one to be washed and wear one. They asked Rabbi Yose, what is the status of small children’s garments? He said to them, like one who only has one garment. They asked him: We have stated, “only the relatives of the deceased may tear their clothes, take off their shoes, and accept the consolation meal.” If his strip was small and his relatives want to come to him, may half of them sit inside and half outside? He said to them, half of them should come today and half tomorrow. Rabbi Mana said, there we had thought that he was going to be lenient, but he ruled strictly.
It was stated: One does not wash barbers’ cloths with urine, but one washes them with soda and soap, out of respect.
Mishnah
3 The following documents may be written during the holiday: Preliminary marriage documents of women, bills of divorce, and receipts, wills, gifts, prozbol, letters of estimation, and letters of provisions, documents of ḥaliṣah, and repudiation, and documents of selections, and court decisions, and private letters.
Halakhah
Is he not sorry? Rabbi Zeʿira said, since he decided to divorce he is not sorry.
“And receipts,” documents of consent. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There, they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, this is what must be done to a man who will not build his brother’s houseDeuteronomy 25:9. “And documents of repudiation.” The following are documents of repudiation: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rabbi Joḥanan said, compromissa; each party selects one. “And court decisions,” decisions in lawsuits. “And private letters,” greetings.
Mishnah
4 One does not write debt documents on the holiday, but if he does not trust him or if he has nothing to eat, he may write. One does not write Torah scrolls, tefillin and mezuzzot on the holiday; also one does not correct even a single letter in the Temple Courtyard Scroll. Rabbi Judah says, a person may write tefillin and mezuzzot for himself, and spin for himself the blue string for his ṣiṣit.
Halakhah
“One does not write documents for sharecroppers or contract work on the holiday. The appraiser appraises normally provided that he does not measure, weigh, or count.” “But one accepts contract work on the holiday on condition that the work be done after the holiday; one does not accept contract work on the holiday on condition that the work be done on the holiday. The appraiser appraises normally provided that he does not measure, weigh, or count.”
Rabbi Jeremiah said, “if he does not trust him,” the debtor, “or if he has nothing to eat,” the scribe. Rabbi Yose said to him, if you said that, you would allow professional work on the holiday. But “if he does not trust him,” about the past loan, “or if he has nothing to eat,” about the future loan.
A man lost his tefillin on the holiday. He came to Rabbi Ḥananel who sent him to Rabbi Abba bar Nathan. He said to him, give him your tefillin and go and write a set for yourself. Rav said to him, go and write for him. The Mishnah disagrees with Rav: “a person may write tefillin and mezuzot for himself,” therefore not for others. He explains it: writing to build up a supply.
“And spins on his hip the blue string for his ṣiṣit.” Rav Judah in the name of Samuel, Rabbi Abbahu in the name of Rabbi Joḥanan: he spins even using a spindle. Rav said, he spins using a spindle both for himself and for others. The Mishnah disagrees with Rav: “and spins on his hip the blue string for his ṣiṣit;” therefore not for others. He explains it: spinning to build up a supply.
Mishnah
5 The decree of Seven is canceled for him who buried his dead three days before the holiday. Eight days before the holiday, the decree of Thirty is canceled for him, since they said, Sabbath is counted but does not interrupt, holidays interrupt but are not counted.
Halakhah
“The decree of seven,” sandal and soap. “The decree of thirty,” mending, and pressing, and shaving. What is pressing? New pressed woolen garments, and pressed white linen garments. Rabbi Ḥelbo, Rav Ḥuna in the name of Rav: If his eighth day fell on a Sabbath, he shaves on Friday. How is this possible? Explain it if he had been dragged away by a wild animal and they gave up hope of finding him. It was stated thus: When do you start to count for somebody who was dragged away by a wild animal? When they gave up hope of finding him. If they found separate limbs of him one counts when his head and most of his body had been found. Rabbi Judah says, spine and skull form the majority. Rabbi Abun said, explain it that the cover plate was laid Friday evening at the start of darkness. How is this possible? Rabbi Aḥa said, explain it if it was closed by a Gentile. Some explained that he received a current notice on the Sabbath.
Something happened to Rabbi Immi and he shaved on the 30th day. Something happened to one rabbi and he shaved on the 31st day. Rabbi Zeriqan said, Rabbi Immi learned this from our Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31st day, for the second on the 61st day.” Rabbi Yose said, there after the fact, but here as the initial course of action. Rabbi Jeremiah instructed Rabbi Isaac from Aṭoshia, and some say, Rav Ḥiyya ben Rabbi Isaac from Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30th day. Rabbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rabbi Ḥelbo, Rav Ḥuna said in the name of Rav: If his eighth day fell on the Sabbath, he shaves Friday. If you say that their permission was not given to honor the holiday, then even if his 30th day falls on the Sabbath, he should shave Sabbath eve. In addition, from what was stated: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30th day? Rabbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.
It was stated: These are the words of Abba Shaul. Rav Judah in the name of Samuel, Rabbi Abbahu in the name of Rabbi Joḥanan: Practice follows Abba Shaul. Rabbi Abba in the name of Rav: According to Abba Shaul: both days and decrees are canceled. But according to the Sages: the days are canceled but the decrees are not canceled. What is the difference between them? Rav Ḥuna said, they disagree about the eve of a holiday. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rabbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rabbi Eleazar instructed Rabbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.
Rabbi Eleazar instructed Simeon bar Abba: the holiday is counted in the count of thirty. Rabbi Yose said, we find that thirty precede seven: “The decree of seven is canceled for him who buried his dead three days before the holiday.” He only said three, therefore not two. This applies in private; but the public does not attend to him. It was stated this way: One who buried his dead three days during the holiday counts seven after the holiday. During the first three days the public attends to him; the last four days the public does not attend to him. His work is done by others and his slaves and animals work in privacy at other places. Does one visit him? Rabbi Jacob bar Idi in the name of Rabbi Ḥanina: Did they not say that there is no mourning on the Sabbath? Why did they say that one visits him? Not to honor? So here to honor. Similarly, one day before the holiday cancels the decree of two.
A mourner may not put on tefillin on the first day; on the second day he puts on tefillin and when new faces appear during the seven days of mourning he takes them off; these are the words of Rabbi Eliezer. Rabbi Joshua says: On the first and second days he does not put on tefillin; on the third day he puts on tefillin and if new faces come he does not take them off. If he does not put on tefillin even on the second day, why is it necessary to mention “anyone whose dead is lying before him”? Because he mentioned one case, he mentioned the other as well. Rabbi Zeʿira, Mar Uqban in the name of Samuel; Rabbi Zeʿira, Rav Jeremiah in the name of Rav: Practice follows Rabbi Eliezer in putting on and Rabbi Joshua in taking off. Rabbi Zeʿira inquired: If he put them on on the second day, following Rabbi Eliezer, would Rabbi Eliezer act like Rabbi Joshua, not to take them off? Rabbi Yose bar Abun said: Could it be that Rabbi Eliezer would act like Rabbi Joshua, not to take them off? If it were so, we should say “practice follows Rabbi Eliezer.”
If he has nothing to eat, he cannot work on the first and second days. On the third day he works in privacy; but they said, a curse should come over his neighbors who forced him to this. Bar Qappara said, also on the third day he should not do any work. Bar Qappara follows his own opinion, since bar Qappara said the force of mourning is only up to three days. Rabbi Abba the son of Rabbi Pappai, Rabbi Joshua from Sikhnin in the name of Rabbi Levi: For three days the soul hovers over the body, thinking that she will return to it. When she sees that the appearance of his face changes, she abandons it and leaves. After three days the belly breaks open in front of his face and says to it, here you have what you robbed, and you wronged, and put into me. Rabbi Ḥaggai in the name of Rabbi Joshia brought it from here: I shall scatter excrement on your faces, even excrement of your holidaysMalachi 2:3. At that moment, but his body will hurt him and his soul mourn for himJob 14:22. His sharecroppers, and his tenants, and his contractors do work; his agricultural workers, and his mariners, and his camel drivers do not work. Rabbi Joshua ben Levi said, if he had a cow associated in town, she works. Rabbi Yose said to him, this applies to an existing contract; so not to a new arrangement.
Two brothers, two partners, two butchers, two grocers, if one of them suffers a bereavement they lock their store but his colleagues and the workers work in privacy elsewhere.
As long as his deceased is lying before him, he eats at his neighbor’s. If he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face toward the wall and eats. He does not eat reclining; he does not eat or drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not answer “amen.” That is on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen.” Rabban Simeon ben Gamliel said: Because you allowed all of these, oblige him for all other obligations of the Torah. If you permitted him the needs of this temporary life, how much more those of eternal life. Rabbi Judah ben Pazi in the name of Rabbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel. If he was handed over to the public, he may eat meat and drink wine. If he was handed over to the carriers it is as if he was handed to the public.
The mourner does not go to the synagogue on the first Sabbath. On the second he goes but does not sit in his place. On the third he sits in his place and does not talk. On the fourth he is like everyone else. Rabbi Judah says, it is impossible to speak of the first Sabbath since the public cares for him, but the second is the first, the third is the second, the fourth is the third. Rabbi Simeon says, the mourner goes to the synagogue on the first Sabbath but does not sit in his place. On the second he sits in his place and does not talk. On the third he is like everyone else. Rabbi Joshua ben Levi said, practice follows him who adds days.
If he returns and finds his household in mourning, On the second or third day he finishes with them. On the fourth he counts by himself. Rabbi Simeon says, even on the sixth he finishes with them. Rabbi Joshua ben Levi said, practice follows Rabbi Simeon if he was not the head of the family. But the head of the family counts by himself. As the following: Rabbi Mana instructed Rabbi Jacob in Armenia: since you are the head of the family, count by yourself. this applies if he did not see most of the people. But if most of the people have visited him one takes him to the bathhouse. As the following: Rabbi Huna instructed the brother of Rabbi Judah bar Zavdi, since most of the people have visited him, take him to the bathhouse.
In case one carries him from place to place, as those who bury in Bet-Shearim. There are Tannaim who state, those here count from when the deceased left; those there count from when the cover plate was laid. There are Tannim who state, these and those count from when the cover plate was laid. Rabbi Simon in the name of Rabbi Joshua ben Levi: Everything depends on the head of the family. Rabbi Jacob bar Aḥa in the name of Rabbi Assi: As a restriction. What does “as a restriction” mean? If the head of the family was here, those here count from when the deceased left; those there count from when the cover plate was laid. If the head of the family is there, these and those count from when the cover plate was laid. For example: The sister of Gamaliel the twin died. His brother Hillel came down to him. Rabbi Mana said to him, since you are the head of the family, when you come down to your brother take off your shoes.
If they moved him from one grave to another. There are Tannaim who state, from the moment the first cover plate was laid. There are Tannaim who state, from the moment the second cover plate was laid. A case happened to Rabbi Jonah. He asked Rabbi Ḥananiah the colleague of the rabbis, who said to him, from the moment the first cover plate was laid. A case happened to Rabbi Jeremiah. He asked Rabbi Zeʿira; Rabbi Zeʿira asked Rabbi Immi. He said to him, from the moment the second cover plate was laid. He came to him; he said to him, he gave you the stricter ruling. Rabbi Jonah and Rabbi Yose both say, this applies within the Seven days. But after Seven mourning already passed. This applies if they intended it from the start. But if there was no intent from the start to remove him, from the moment the first cover plate was laid. As the following: The people of Bursa buried Gamliel from Yakontia with them. After three days they changed their mind to return him. They went and asked Rabbi Simon. Rabbi Simon said to them in the name of Rabbi Joshua ben Levi: Since you had no intention to remove him, from the moment the first cover plate was laid. A case happened to Jeshua the brother of Dorai. He came to ask Rabbi Abbahu who told him, from the moment the second cover plate was laid. Rabbi Jacob bar Aḥa said to him, I was with you when we asked this from Rabbi Eudaimon from Haifa who said, from the moment the first cover plate was laid. He told him, I did not hear. If you heard, go out and instruct.
Where does the Torah teach that mourning lasts seven days? He organized seven days of mourning for his fatherGenesis 50:10. Can you infer anything from before the giving of the Torah? Rabbi Jacob bar Aḥa in the name of Rabbi Zeʿira understood it from the following: At the door of the Tent of Meeting you shall sit day and night for seven daysLeviticus 8:35, and keep the watch of the Eternal’s sanctuary. Just as the Holy One, praised be He, watched over His World for seven days, so you shall watch for your brothers for seven days. And what is the source that the Holy One, praised be He, watched over His World for seven days? It was after seven days that the Deluge came over the worldGenesis 7:10. May one mourn before the dying person dies? Only flesh and blood who do not know what will be in the future do not mourn until the dying person dies. But the Holy One, praised be He, Who knows what will be in the future did first watch for His world. Some want to say, these are the seven days of mourning for Methuselah the Just. Rabbi Hoshaia said, for the Eternal’s anointing oil is on youLeviticus 10:7. Just as you were anointed with the anointing oil all of seven, so watch for your brothers all of seven. Rabbi Abbahu in the name of Rabbi Joḥanan: please let her not be like the deadNumbers 12:12. She shall be locked awayNumbers 12:14. Just as the days of isolation for the dead are seven, so the days of quarantine are seven. One student reported this from Rabbi Joḥanan before Rabbi Simeon ben Laqish, who did not accept it. He said, here he uses it for isolation, but there he uses it for making absolute, as Rabbi Joḥanan said in the name of Rabbi Yannai, please let her not be like the dead: just as the days of the dead are not counted, so the days of being absolute are not counted. Rabbi Jeremiah and Rabbi Ḥiyya in the name of Rabbi Simeon ben Laqish; Rabbi Abbahu, Rabbi Yose ben Ḥanina in the name of Rabbi Simeon ben Laqish: the days of crying of the mourning for Moses endedDeuteronomy 34:8. “The days,” seven. “Of crying,” two. “Mourning,” thirty. Some switch, “the days,” two, “of crying,” seven, “mourning,” thirty. Rabbi Yose, Rabbi Ḥiyya, and Rabbi Simeon ben Laqish in the name of Rabbi Judah the Patriarch: I shall turn your holiday into mourningAmos 8:10. Since the days of Tabernacles are seven, also the days of mourning are seven. Rabbi Immi said to Rabbi Ḥiyya bar Abba: Maybe since the days of Tabernacles are eight, also the days of mourning are eight? He answered him, the eighth day is a separate holiday. Or since Pentecost is one day, also mourning is one day? He answered him, This teaches the rule for delayed news of a death. And it was stated such: Current information requires Seven and Thirty. Deferred information does not require Seven and Thirty.
Some Tannaim state: Recent news is within thirty days, and deferred after thirty. Some Tannaim state: Recent news is within twelve months, and deferred after twelve months. Rabbi Abbahu in the name of Rabbi Joḥanan: Practice follows the words of him who says, recent news is within thirty days, and deferred after thirty.
If he was informed on the holiday about the death of a relative but the Thirty were completed before the end of the holiday. The colleagues are saying, since he was informed within the Thirty, he counts Seven after the Thirty. Rabbi Yose said to them, since he heard at a time when he could not mourn it is as though he was informed after Thirty, and he observes only one day. Rabbi Idi of Caesarea in the name of Rabbi Joḥanan: If he received recent information on the Sabbath, he tears his garment the next day and mourns. Rabbi Ḥanania said, he does not mourn. Rabbi Mana said to him, is there tearing without mourning? Since for his father or his mother even after a length of time he is obligated to tear. Rabbi Abbahu in the name of Rabbi Joḥanan: Even as the relative of a relative he is forbidden to shave. As the following: Rabbi Mana was in Caesarea. He heard that his grandson had died, and he went and eulogized. They said to him, did the Rabbi not teach us, even as the relative of a relative he is forbidden to shave? He said to them, those who were with him. We were not there. Rabbi Eudaimon bar Tobi in the name of Rabbi Abbahu: even as the relative of a relative he is obligated to tear, as Rabbi Abbahu said, groan silentlyEzekiel 24:17, this teaches that he has to cry. Do not arrange mourning for the dead, this teaches that he has to mourn. Your splendor put on yourself, some want to say, these are tefillin. Some want to say, this is pressing. He who says these are tefillin; just as tefillin refer to two days, also mourning two days? He who says this is pressing; just as pressing is for thirty days, also mourning thirty days? Put your shoes on your feet, this teaches that he is forbidden wearing shoes. And do not cover your mustache, this teaches that he has to cover his mouth. Could he cover it from below? Rav Ḥisda said, so they should not say, he has a mouth-ache. And do not eat men’s bread, this teaches that the smaller ones go to the greater ones. And what is the source that the greater ones go to the smaller ones? Rabbi Samuel bar Rav Isaac said, it is written: For so says the Eternal, do not go to a funeral repastJeremiah 16:5, etc.
It was stated: The following are forbidden to the mourner all Seven days: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rabbi Nathan. A bereavement happened to Rabbi Immi; he asked Rabbi Ḥiyya bar Abba who instructed him “all Seven days following Rabbi Nathan.” A bereavement happened to Rabbi Yose; he sent to Rabbi Abba bar Cohen who said to him: Rabbi, did you not teach us that something happened to Rabbi Immi, he asked Rabbi Simeon ben Laqish who instructed him “all Seven following Rabbi Nathan.” He said to him, maybe these were two separate incidents, we say it in the name of Rabbi Ḥiyya bar Abba, you say it in the name of Rabbi Simeon ben Laqish. And also from the following: A bereavement happened to Rabbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rabbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rabbi Yose ben Rabbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rabbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rabbi Yose, son of Rabbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rabbi Abba bar Cohen instructed following this statement.
Rabbi Aḥa instructed about him who comes from the road and his feet ache that he is permitted to wash them with water. It has been stated: “A mourner and one excommunicated are permitted to wear sandals on a trip. When they come to town they should remove them. The same holds for the Ninth of Av and public fasts.” It is stated: “At a place where it is customary to greet mourners on the Sabbath one may do so. In the South one does greet.” The great Rabbi Hoshaya went to some place, saw there mourners on the Sabbath and greeted them. He said to them: “I do not know the custom of your place, but be greeted according to the custom of our place.” Rabbi Yose, son of Rabbi Ḥalaphta, praised Rabbi Meïr before the people of Sepphoris: A great, holy, and humble man. At some time, he saw mourners on the Sabbath and greeted them. They said to him: Is that the one whose praise you proclaim? He said to them, what did he do? They said to him, he saw mourners on the Sabbath and greeted them. He said to them: you have to recognize his strength; he comes to make you aware that there is no mourning on the Sabbath. That is what is written: The Eternal’s blessing makes richProverbs 10:22, that is the blessing of Sabbath, He will not add grief to it, that is mourning, as it is said: The king is grieving about his son2 Samuel 19:2.
Samuel said, PḤZ are obligatory, NTR meritorious. Uncovering the head, turning around the tear, turning the couch upright, are obligatory. Wearing shoes, sexual relations, washing, are meritorious. A student of Samuel had sexual relations. Samuel heard, was offended by him, and he died. He said, this was said as a legal rule. Was it meant to be put into practice? Rav said, ḤZ are obligatory, PN meritorious. Turning around the tear, turning the bed upright, are obligatory; uncovering the head, wearing shoes, are meritorious. Two of Rabbi’s sons went out, one with his head uncovered having taken off his shoes; the other with his head covered wearing shoes. Rabbi Jonah went up to Rabbi Gorion, who came out to him wearing shoes. He said to him, What are you thinking? That people will learn the practice from you? One does not learn the practice from a person without authority.
“Reading in the Torah.” Rabbi Joḥanan said, nobody was saying anything to himJob 2:13, not even a word from the Torah. Rabbi Simeon ben Laqish said to him, he himself would not have died if he had continued teaching. What does this mean? As Rabbi Judah bar Pazi said in the name of Rabbi Joḥanan, because they were at a loss how to start with him, whether about his body, or his money, or the souls of his sons and daughters. A student of Rav Ḥisda became ill. He sent him two students to study with him. Before their eyes, he turned into a kind of snake; they interrupted and he died. A student of Bar Pedaya became ill. He sent him two students to study with him. Before their eyes, he turned into a kind of oil cake; they interrupted and he died. It was stated: But he may study a subject not familiar to him. As the following: Something happened to Rabbi Yasa. Rabbi Joḥanan sent him two students to study with him. If because it is permitted we do not know; or if because it was a subject not familiar to him we do not know. What was not familiar to Rabbi Yasa? But for example rabbinic decisions people are asked about and it is for him as though it were unfamiliar. Something happened to Rabbi Yose bar Petrus the first father-in-law of Rabbi Joshua ben Levi. Bar Qappara sent him two students to study with him. If because it is permitted we do not know; or if because he was ardent for words of the Torah we do not know. And it was taught: If he was ardent for words of the Torah it is permitted.
In any case mentioned in the Torah for whom a Cohen defiles himself an Israelite mourns. They added to these his maternal brother and sister and his married sister; he mourns and is in deep mourning but would not defile himself. For his betrothed wife he neither mourns nor is a deep mourner nor defiles himself. It was stated: About any one would mourn one joins in the mourning. Rav’s sister died. He instructed his son Ḥiyya, when you will visit us, take off your shoes. The sons of Rabbi Ḥanina the brother of Rabbi Mana, died. They came and asked Rabbi Yose, does one have to overturn the bed? He told them, it is unnecessary. Does one have to sleep on an overturned bed? He told them, it is unnecessary. What about reading the Shemaʿ and praying? He told them, let us understand from the following: If he was occupied digging a grave for a corpse and the time for reading the Shemaʿ and praying arrived, he moves to a place of purity, puts on his tefillin, reads the Shemaʿ and prays.
When does one overturn the couches? From the moment when the deceased left the gate of the courtyard, the words of Rabbi Eliezer. But Rabbi Joshua says, from when the cover plate was laid on the grave. And when Rabban Gamliel died, after he left the gate of the courtyard, Rabbi Eliezer said to the students: Overturn the couches. And when the cover plate was laid on the grave, Rabbi Joshua said to the students: Overturn the couches. They said to him: We already did turn them over on the orders of the old man. On Friday evening he turns his couch upright, and at the end of the Sabbath he overturns it. It was stated: A dargesh is put upright and is not turned over. Rabbi Simeon ben Eleazar says, he removes its qlmnṭryn and that is enough. Rabbi Yose in the name of Rabbi Joshua ben Levi: practice follows Rabbi Simeon ben Eleazar. Rabbi Jacob bar Aḥa in the name of Rabbi Yasa, a couch whose posts are upright and removed together with it, he takes them off and that is enough.
What distinguishes a couch from a dargesh? Rabbi Jeremiah said, one that one weaves on its body is a couch and one that one does not weave on its body is a dargesh. But have we not stated “Bed and crib after he rubs them with fish skin”? If he weaves on its body, why does he rub? Rabbi Eleazar said, explain it with those Caesarean cribs that have holes.
What is the source for overturning beds? Rabbi Crispus in the name of Rabbi Joḥanan: They sat with him toward the groundJob 2:13. It does not say here “on the ground” but they sat with him toward the ground, on something close to the ground. It follows that they were sleeping on overturned couches. Bar Qappara said: A beautiful form I had in your house and you caused me to overturn it, you also overturn your bed! Some quote it by the expression “overturn the agent!” Rabbi Jonah and Rabbi Yose, both in the name of Rabbi Simeon ben Laqish. One said, why does he sleep on an overturned couch? So that he should wake up in the night and realize that he is a mourner. The other one said, since he sleeps on an overturned bed he wakes up in the night and realizes that he is a mourner.
If he said, I do not overturn my bed but I will sleep on the footstool one does not listen to him. Because he said, I do not overturn my bed. But if he said, I am overturning my bed, one listens to him. But the Mishnah says otherwise: “If one brings him the first meal, the people sit in a circle on the ground and he sits in their circle on a footstool.” The High Priest, therefore not a common priest. In public, therefore not in private. But this is not followed in practice.
Overturning the beds sometimes is for six, five, four, three days. On Friday, six. On Friday before sundown, five. A holiday after the Sabbath, four. The two days of New Year, three. A student of Rabbi Mana instructed a relative of the Patriarch: after he turns it upright he does not have to overturn it again. How many days did he do it? Rabbi Jacob bar Aḥa in the name of Rabbi Yasa: He did it for two days. Rabbi Abba, Rabbi Immi, Rabbi Jacob bar Zavdi in the name of Rabbi Isaac: three. Rabbi Ḥinena bar Pappus instructed to overturn it even for one day; but he saw in his dream because you rebelled1 Kings 13:21. It was stated: One who stays in an inn does not have to overturn, so that people will not say that he is a sorcerer.
If his father-in-law or his mother-in-law or one of his wife’s relatives died, he cannot force her to put on either kohl or makeup but behaves with her just as she behaves. Likewise, if her father-in-law, her mother-in-law, or one of her husband’s relatives died, she puts on neither kohl nor makeup but behaves with him just as he behaves. Samuel said, they said this only about his father-in-law or his mother-in-law. Rabbi Abba bar Cohen said before Rabbi Yose: Rabbi Judah bar Pazi in the name of Rabbi Joḥanan: If he lives with him. Rabbi Yose met Rabbi Judah bar Pazi. He asked him, did you hear this from your father? He said to him, my father did not say so. In fact, the brother of Bar Nehemiah’s wife died. They came and asked him, does one have to overturn the bed? He told them, it is unnecessary. What about reading the Shemaʿ and praying? He told them, consider the following: If he was occupied digging a grave for a corpse and the time for reading the Shemaʿ and praying arrived, he moves to a place of purity, puts on his tefillin, reads the Shemaʿ and prays.
“Since they said, Sabbath is counted but does not interrupt, holidays interrupt but are not counted.” Rabbi Simon in the name of Rabbi Joḥanan: Because he is permitted sexual relations. Rabbi Jeremiah met Rabbi Judah ben Rabbi Simon. He said to him, is that from all students of Rabbi Joḥanan? Nobody heard this from him except your father. Rabbi Jacob said to him, if it was said, it only was said as one of the questionable statements. The statement of Rabbi Joshua ben Levi implies that he is forbidden sexual relations. As Rabbi Simon said in the name of Rabbi Joshua ben Levi, even though they said that there is no mourning on a holiday, the public observe it in private. What does “in private” mean? That he is forbidden sexual relations. They objected: Since on a holiday he is forbidden sexual relations and it does not count, the Sabbath where he is forbidden sexual relations should not count. Rabbi Abba said, it is possible to have Seven without a holiday; it is impossible to have Seven without a Sabbath.
Mishnah
6 Rabbi Eliezer says, since the Temple was destroyed Pentecost is like Sabbath. Rabban Gamliel says, New Year’s Day and the Day of Atonement are like holidays. But the Sages say not like the words of either one but Pentecost is like holidays, New Year’s Day and the Day of Atonement are like Sabbath.
Halakhah
They said in the House of Rabbi Yannai: Pentecost is counted as seven like holidays. They asked before Rabbi Yose: Three preceding Pentecost, and Pentecost seven, is that ten? Or three preceding Pentecost are seven, and Pentecost seven, they are fourteen? Rabbi Yose the important one said, one day preceding Pentecost is counted five, two days after Pentecost are counted as four. Three, the decree of Seven is canceled.
It was stated: One makes no consolation visits on New Year’s Day and the Day of Atonement. Rabbi Samuel bar Rav Isaac said, one makes consolation visits on the Day of Atonement which falls on a Sabbath. For example: A bereavement happened to Rabbi Ḥizqiah. The rabbis came to pay him a consolation visit on the Day of Atonement. He said to them, did they not say that one makes no consolation visits on New Year’s Day and the Day of Atonement? Not because of prayer? There is a difference, concerning the Day of Atonement which falls on a Sabbath; there is a difference, concerning the Day of Atonement which falls on a weekday.
Mishnah
7 Only the relatives of the deceased tear their clothes, or take them off, or are brought the first meal. One receives the first meal only on couches standing upright. Also one carries the first meal to the mourner’s house on a tablet, in a bowl, or in a reed basket, but only in sacks. On the holiday one does not recite the blessing of the mourners, but one stands in a row, consoles, and dismisses the public.
Halakhah
“Only the relatives of the deceased tear their clothes, or take them off, or are brought the first meal.” Rabbi Jeremiah said, only relatives who have to mourn. As it was taught: If a Sage dies all are his relatives, even relatives who do not have to mourn. For example: Rabbi Abun died on a holiday and Rabbi Mana did not participate in mourning. The Sepphoreans said, he hates him even in death. After the holiday he eulogized him. He preached and said in front of them, as was stated: If a Sage dies all are his relatives, referring to those who were present. We were not present.
He who tears the seam or the inner seam or the shawl, it does not count as a tear. Tearing through mending counts as a tear. What is mending? Rabbi Aḥa said, any repair whose location cannot be recognized.
Ten tears may not be mended professionally: He who tears for his father, and for his mother, and for his teacher who taught him wisdom, and for the Patriarch, and for the Chief Judge, and because of bad news, and because of blasphemy, and because of burning Torah, and for Jerusalem, and for the Temple.
For his father, and for his mother, and for his teacher who taught him wisdom, what is the source? And Elisha saw, and he cried ‘my father, my father, chariot of Israel and its charioteers’2 Kings 2:12. Rabbi Mattun asked before Rabbi Joḥanan: May one infer instruction from Elisha? He said to him Mattun, Mattun, just as a dead person from the moment he is deceased cannot see him, so also from the moment he disappeared he did not see him. In the same way one tears for the Sages so one tears for their students. Who is a student of the Sages? Ḥizqiah said, anyone who has studied the practices back to their basis in the Torah. Rabbi Yose said to him, that applies to earlier generations. But today only practices. Rabbi Abbahu in the name of Rabbi Joḥanan: Any who neglects his business for his learning. It was stated: Any whom one asks and he answers. Rabbi Hoshaia said, for example, we, since our instructors supervise us and we answer them. Rabbi Abba bar Mamal said, any who can explain his Mishnah. But as for us, even our teachers are not wise to explain our Mishnah.
“Who is his teacher? The one who taught him first, the words of Rabbi Meïr. Rabbi Judah said, the one from whom he received most of his instruction. Rabbi Yose said, anyone who explained a Mishnah to him.” What does “who explained a Mishnah to him” mean? Rabbi Abbahu came in the name of Rabbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rabbi Judah? There are Tannaïm who state it switched. Rabbi Eleazar tore his garment for his first teacher. Samuel took off his shoes for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rabbi Yose ben Rabbi Abun said, “There are two keys. For one he has to go down to his armpit and one opens straight.” What does “for one he has to go down to his armpit” mean? He had to lower his hand under his armpit until it could be opened.
What is the source for the Patriarch, and for the Chief Judge, and because of bad news? David grasped his garments and tore them2 Samuel 1:11, etc. They eulogized, and cried, and fasted for Saul, that is the Patriarch, And for his son Jonathan, that is the Chief Judge, and about the Eternal’s people and the House of Israel, for they fell by the sword; this is bad news.
For blasphemy, what is the source? When King Hezekiah heard the words of the Rabshakeh, he tore his garment2 Kings 19:1. Does one have to tear for a Gentile’s blasphemy? According to him who said that the Rabshakeh was a Gentile, one tears. According to him who said that the Rabshakeh was a Jew, one does not tear. Rabbi Hoshaia stated: Both one who heard blasphemy from an Israelite or one who heard blasphemy from a Gentile have to tear their garments. What is the reason? Since I am the Eternal, God over all flesh, should anything be extraordinary to meJeremiah 32:27?
Does one tear his garment nowadays? Rabbi Yose, Rabbi Jeremiah in the name of Rabbi Joḥanan: When blasphemers proliferated, they stopped tearing. Does one tear for substitute names today? Let us hear from the following: Rabbi Simeon ben Laqish was traveling on the highway. He met a Samaritan who was repeatedly blaspheming, and he was tearing. He dismounted from the donkey and gave him a blow on his heart and said to him: Criminal! Does your mother have garments to supply me with? This implies that one tears for substitute names and tears his garments at the present time.
Because of burning Torah from where? It was when Yehudi read three or four stanzasJeremiah 36:23. What does it mean by “three or four stanzas”? Three or four verses. When he came to the fifth verse, for the Eternal afflicted her for the magnitude of her sinsLamentations 1:5, immediately he cut it off with a scribe’s knife and threw it, etc. But they showed no fear nor tore their garmentsJeremiah 36:24.
He who sees a dead scholar is like him who sees a Torah scroll burned. Rabbi Abbahu said, may punishment come on me if I tasted anything that whole day. Rabbi Jonah was in Tyre. He heard that Rabbi Abbahu’s son had died. Even though he had eaten and drunk water he kept it as a fast day that whole day. Rabbi Abba and Rabbi Huna bar Ḥiyya were sitting. An ostrich came and snatched Rabbi Huna bar Ḥiyya’s tefillin. Rabbi Abba caught it and strangled it. Rabbi Huna bar Ḥiyya said to him, we almost came to burning the Torah. He said to him, do you still hold this? So said Rav Jeremiah in the name of Rav: One only tears his garment for a Torah scroll which an Israelite king burned forcibly, such as Jehoiakim son of Josiah the King of Judah. Ulla from Bireh, Rabbi Eleazar in the name of Rabbi Ḥanina: He who sees a Torah scroll burned has to tear his garment separately for the parchment and for the writing. What is the reason? After the king’s burning of the scroll and the wordsJeremiah 36:27. The scroll, this is the parchment. And the words, that is the writing.
Rabbi Berekhia, Rabbi Ḥelbo, Ulla from Bireh, Rabbi Eleazar in the name of Rabbi Ḥanina: In the future the Holy One, praised be He, will lead a circular dance for the righteous. What is the reason? Put your hearts to the wallsPsalms 48:13, it is written “to its circular dance.” And the righteous person will point with their finger and say, Truly, He is GOD, our Power, Forever; He will lead us beyond deathPsalms 48:14! Almut, in strength; almut, in agility. Almut, like these girls. Akilas translated ἀθανασία, a world without death. And the righteous person will point with their finger and say, Truly, He is GOD, our Power, Forever; He will lead us beyond death! He will lead us in this world, He will lead us in the future.
“And for Jerusalem, and for the Temple.” There came men from Shechem and from Shiloh and from Samaria, eight men with shaved beards and torn garmentsJeremiah 41:5, the first tear is one hand-breadth, the addition anything. Someone who hears that Jerusalem was destroyed must tear, just like someone who sees Jerusalem in ruins. He who sees Jerusalem from Mount Scopus has to tear. There are Tannaim who state, he adds to the tear. There are Tannaim who state, the first tear is one hand-breadth, the addition anything. There are Tannaim who state, the first tear is one hand-breadth, the addition three finger-breadths. Rabbi Yose, Rabbi Jeremiah in the name of Rabbi Ḥiyya bar Abba; Rabbi Ḥizkiah, Rabbi Jeremiah in the name of Rabbi Joḥanan: Practice follows him who said, the first tear is one hand-breadth, the addition anything.
Does one have to sever the trim? Rabbi Jeremiah, Rabbi Ḥiyya in the name of Rabbi Simeon ben Laqish: David grasped2 Samuel 1:11. There is no grasping less than a hand-breadth. And tore them, Rabbi Simon in the name of Rabbi Joshua ben Levi: From here that he has to sever the trim. If a relative died, he tears. If another relative died, even if he heard about his father or his mother, or his teacher who taught him wisdom, he tears one tear for all of them. Rabbi Judah ben Tema says, he tears for each one separately, only that he shall not make that for his father or his mother as an addition. Is that not the first statement? But he may not add to that for his father or his mother. Rabbi Ḥelbo and Rav Mattana, Yose ben Manisha in the name of Rav: Practice follows Rabbi Judah ben Tema. If a relative died, he tears. If another relative died, he adds to the tear and tears. How far? Rabbi Ḥanina said, until he reaches his navel. An old man stated before Rabbi Zeʿira: Even if he receives another garment during all the Seven he is obligated to tear. Rabbi Zeʿira said to him, this applies about other relatives. But for his father and his mother even after the Seven he is required to tear. If a relative died, he tears. If another relative died, he moves three finger-widths and tears. If the front is full he starts in the back. If the upper part is full he starts with the bottom part. If both of them are full, Rabbi Ḥiyya the son of Rabbi Ada from Yafo says, it has become worn out.
Rabbi Ḥinena bar Pappus went to visit Rabbi Tanḥum ben Rabbi Ḥiyya. He went out to him in dishonorable clothing. What is dishonorable clothing? Garments which are short-sleeved. He said to him, Where did you learn this? He said to him, this is how my teacher acted Rabbi Simon. He said to him, pray for me. He said, may your breach be fenced in. For all of this year judgment is directed toward this family, as Rabbi Joḥanan said: All Seven the sword is drawn. Up to Thirty it wavers. After twelve months it returns to its sheath. What is this like? To a stone cupola. If one becomes loose, all are loose. But Rabbi Eleazar said, if a male child was born to this family, the entire family is healed.
What is the source for the mourner having to tear while standing? As it is written, Job rose, tore his coat and shaved his headJob 1:20. Rabbi Judah bar Pazi in the name of Rabbi Joḥanan: This teaches that the mourner has to tear while standing. As Rabbi Joḥanan said, Rabbi Yasa instructed to patch up the next day. When Rabbi Yasa died, Rabbi Ḥiyya bar Abba instructed to wear shoes on the same day. Rabbi Zeʿira said, they do not disagree. He who says to patch up the next day, one should wear shoes the next day. He who says to wear shoes today one patches the same day.
They told him, Reuben died, and he tore. After that they said to him, it was Simeon. He already fulfilled his obligation by tearing. They told him, Reuben died, and he tore. After that they said to him, he was alive but then died. There are Tannaim who state, he fulfilled his obligation by tearing. There are Tannaim who state, he did not fulfill his obligation tearing. He who said, he fulfilled his obligation by tearing; already he tore. He who said, he did not fulfill his obligation tearing, did he not tore about a living person? Furthermore, from what was stated: He tore but then his soul returned. If immediately, he does not have to tear. If it happens after a delay he has to tear. What is immediately? The time for speech. What is the time for speech? Rabbi Simon in the name of Rabbi Joshua ben Levi: up to a greeting from one person to another. Abba bar bar Ḥana in the name of Rabbi Joḥanan: up to a greeting from a student to his teacher, that he would say: “peace be with you, my teacher.”
Rabbi Joḥanan was leaning on Rabbi Jacob bar Idi when Rabbi Eleazar saw him and hid himself before him. He said, these two things this Babylonian does to me: First, that he does not greet me, and second, that he does not teach the traditions in my name. He said to him, this is how they behave among themselves; the younger one does not greet the older since they observe Boys see me and hide themselves, and old people rose and stood. As they were walking, he saw a Bet Midrash. He said to him: Here Rabbi Meïr sat and reported traditions in the name of Rabbi Ishmael but he never reported traditions in the name of Rabbi Aqiba. He answered: Everybody knows that Rabbi Meïr was the student of Rabbi Aqiba. He retorted, everybody knows that Rabbi Eleazar is the student of Rabbi Joḥanan. May one pass by the water statue? He said to him, do you want to honor it? Pass it by and blind its eyes! He said to him, Rabbi Eleazar did well that he did not pass before you. He said to him: Rabbi Jacob bar Idi, you know how to pacify. But Rabbi Joḥanan required that traditions should be reported in his name. Also David begged for divine mercy in this respect, may I dwell in Your tent foreverPsalms 61:4! Rabbi Phineas, Rabbi Jeremiah, in the name of Rabbi Joḥanan; Could David think of living forever? Rather, David meant: May I have the merit that my words will be mentioned in my name in synagogues and houses of study. What profit does he have from this? The son of Tira said: If someone mentions a tradition in the name of its author, the latter’s lips whisper with him in the grave. What is the reason? Dripping from the lips of the sleeping onesSong of Songs 7:9. Like that bunch of grapes which drips by itself. Rabbi Ḥinena bar Pappus and Rabbi Simon, one said, like one who drinks spiced wine, the other said, like one who drinks old wine, even though he consumed it, its taste remains in his mouth.
There is no generation without scoffers. What did the hooligans of that generation do? They went to David’s windows and said to him: David, when will the Temple be built, when will we go to the Eternal’s house? But he said, even though they intend to enrage me, I am filled with happiness, I enjoy it when they say to me: let us go to the Lord’s housePsalms 122:1. When your days will be complete to join your ancestors1 Chronicles 17:11; Rabbi Samuel bar Naḥman said, the Holy One, praised be He, said to David: “I am counting full days for you, I am not counting missing days for you. Will not your son Solomon build the Temple to sacrifice? Law and justice that you are upholding is more to my liking than sacrifices.” What is the reason? Upholding justice and law is preferred by the Eternal to sacrificeProverbs 21:3.
Mishnah
8 One does not put down the bier on the plaza, to avoid prompting a eulogy. A woman’s bier is never put down there, out of respect. Women on a holiday wail in chorus but do not clap hands. Rabbi Ishmael says, those close to the bier clap hands.
Halakhah
For all other deceased people he pushes the bier and minimizes the activities; for his father and his mother he maximizes the activities and does not push the bier. If it was a time of emergency or the rainy season, even for his father and his mother he maximizes the activities and does not push the bier, since everybody who maximizes the activities for his father and his mother is praiseworthy.
For no deceased person does he tear through the trim except his father and mother, the words of Rabbi Meïr. Rabbi Judah says, any tear which does not completely sever the trim is a frivolous tear. Rabbi Joḥanan disagrees with Rabbi Judah in two things. Rabbi Joḥanan heard that Rabbi Ḥanina was weak. He was going up to visit him. On the road he heard that he had died. He descended from his donkey, took out the good Sabbath garment, and tore it. As we have taught elsewhere: “The High Priest tears his garment below, the common priest above.” Rabbi Eleazar in the name of Cahana: On top, high starting with the seam, below, low starting with the seam. Rabbi Joḥanan said, really low. Rabbi Eleazar in the name of Cahana follows Rabbi Judah. If following Rabbi Judah, he should not tear at all! How about this? It is a stringency for the High Priest that he shall sever the seam completely.
For all other deceased people he stitches together after Seven and repairs after Thirty. For his father or his mother he never repairs. It was stated in the name of Rabbi Nathan: A woman stitches together immediately and repairs after Thirty days; for her father and her mother she never repairs. What is mending? Like fabric. The ladder and the qepeš do not obstruct.
For all other deceased people he tears the uppermost garment only. For his father or his mother even ten garments worn on top of one another. The head cover does not obstruct. A woman tears only the uppermost. It was stated: Rabbi Simeon ben Eleazar says, a woman tears the undergarment, turns it around, and tears the remainder.
For all other deceased people, he is forbidden to iron clothes for thirty days. For his father and his mother all of twelve months. What is ironing? Ironed new woolen garments and ironed white linen garments.
For all other deceased people he cannot shave until after Thirty; for his father and his mother until it becomes wild growth or until his relatives complain. For example: The mother of Rabbi Samuel ben Eudaimon died eight days before the holiday. He came to ask Rabbi Mana who told him, anything dependent on Seven and Thirty is interrupted by the holiday. But here, until it becomes wild growth or until his colleagues complain.
For no deceased person does he bare his chest except his father and mother, the words of Rabbi Meïr. Rabbi Samuel in the name of Rabbi Eudaimon bar Tanḥum: Because the commandment “honor” can no longer be fulfilled by him.
For all other deceased people he is forbidden to peddle merchandise all Thirty days. For his father and his mother until his colleagues criticize him and say, go out with us.
For all other deceased people he is forbidden to go to a dinner all Thirty days; for his father and his mother up to twelve months. If it was a religious assembly or the Sanctification of a month it is permitted.
If he was exchanging garments all the Seven he is obligated to tear all of them. The Great Rabbi Ḥiyya and Rabbi Ḥama the father of Rabbi Hoshaia both say, all of them are forbidden to mend. Bar Qappara says, only the one of the first day is forbidden to mend. Rabbi Ḥuna said, there is another disagreement between them. He who says, all of them are forbidden to mend, makes the following days like the first day. Even if he wears several garments, he has to tear all of them. He who says, only the one of the first day is forbidden to mend, treats the other days as supplementary. Even if he wears several garments, he tears only the outermost.
Mishnah
9 On New Moons, Ḥanukkah and Purim they wail in chorus and clap their hands, but in neither case do they recite dirges. After the deceased was buried they neither wail in chorus nor clap their hands. What is wailing in chorus? They all recite together. A dirge, if one speaks and all repeat after her, as it is said, and teach your daughters wailing and a woman her friend dirgeJeremiah 9:20. But in the Future World what does it say? He swallowed up death foreverIsaiah 25:8, and the Eternal, God, wiped tears from all faces, etc.
Halakhah
Rabbi Tanḥum bar Illai died on Ḥanukkah. Rabbi Dosa died on the New Month of Nisan. They held the rites for them outside. They thought this had the approval of the rabbis. They investigated and found that it did not have the approval of the rabbis. Rabbi Crispus died on the holiday. They held the rites for him outside. They thought this had the approval of Rabbi Immi. They investigated and found that it did not have the approval of Rabbi Immi. Rabbi Ḥelbo, Rabbi Abba bar Zavda in the name of Rav: Even momentarily, from this: And Miriam died there and was buried thereNumbers 20:1. But we see that the rabbis repeat the words. Rabbi Jeremiah said, the colleagues are careful and they will not deliver eulogies.
It was stated: One does not bring flutes the house of the mourner, but one brings to a festivity and a wedding feast.
Intertextual Commentary on Jerusalem Moed Katan
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