Jerusalem Sheviit

Mishnah

1 Until when may one plow an orchard in the year preceding the Sabbatical? The House of Shammai say, as long as it helps the fruits. The House of Hillel say, until Pentecost. Their words do not differ by much.

Halakhah

“Until when may one plow, etc.” It is written: “Six days you shall do your work but on the Seventh Day you shall rest.”Exodus 23:12 And it is written: “You shall rest from plowing and harvesting.”Exodus 34:21 What does this refer to? If one speaks about the Sabbath of Creation, was it not already said: “Six days you shall labor and do all your work”?Exodus 20:9 If one speaks about Sabbatical years, was it not already said: “Six years you shall sow your field and six years you shall prune your vineyard”?Leviticus 25:3 If it cannot refer to the Sabbath of Creation nor to Sabbatical years, let it refer to the prohibition of the first two terms. “You shall rest from plowing and harvesting,” from plowing when harvesting is forbidden; what is this? This is plowing in the year preceding the Sabbatical in preparation for the Sabbatical. And from harvesting when plowing is forbidden, what is this? That is the harvest of Sabbatical growth after the Sabbatical.

If so, why was it said: One plows until the New Year? Rabbi Crispus in the name of Rabbi Joḥanan: Rabban Gamliel and his court abolished the prohibition of the first two terms. Rabbi Joḥanan asked: Did we not state: No court may annul the words of another court unless it is greater in wisdom and numbers? Rabbi Crispus in the name of Rabbi Joḥanan: If they wanted to plow, they may plow. Then it should have been eliminated from the Mishnah! Rabbi Crispus in the name of Rabbi Joḥanan: If they wanted to re-establish it, they may do so.

Rabbi Jonah objected: There is the chapter on the induction and the chapter on the generation of the flood which will have no future use. Should they have been eliminated from what is studied? They are there to inform you. So here also to inform you. Rabbi Mana said, as we stated there: “If a person says, so is my tradition, one will say to him, you heard the opinion of Rabbi X.” And so, if somebody should say, I heard that it is forbidden to plow until the New Year, they will say to him, you heard the prohibition of the first two terms.

Rabbi Aḥa in the name of Rabbi Joḥanan: When they forbade it, they were inspired by Scripture, and when they permitted it, they were inspired by Scripture. When they forbade it, they were inspired by Scripture: “You shall rest from plowing and harvesting,”Exodus 34:21 from plowing when harvesting is forbidden; what is this? This is plowing in the year preceding the Sabbatical in preparation for the Sabbatical. And from harvesting when plowing is forbidden, what is this? That is the harvest of Sabbatical growth after the Sabbatical. When they permitted it, they were inspired by Scripture: “Six days you shall labor and do all your work,”Exodus 20:9 just as on the eve of the Sabbath of Creation one may do work until sundown, also before the start of the Sabbatical year one may work until sundown.

Why until Pentecost? Until then it is good for the fruits, from then on he damages his fruits. But did we not state: Both for a useless tree and a fruit tree, until then it fortifies the stem, from then on it weakens its force. Let him plow! Because he knows that he will weaken the tree, he does not intend to work the ground.

Why did we not state this with the leniencies of the House of Shammai and the stringencies of the House of Hillel? Sometimes there is no rain and no moisture and he would plow only before Pentecost following the House of Shammai. The House of Hillel say, until Pentecost.

Mishnah

2 What is an orchard? Any three trees on a bet seah; if they can produce a fig cake weighing a talent of 60 Italian minas one plows the entire bet seah because of them. If it is less, one plows for them only to accommodate the harvester and his basket beside him.

Halakhah

Rav Judah in the name of Samuel, Rabbi Abbahu in the name of Rabbi Joḥanan: If somebody buys three trees on another person’s property, spaced so that ten trees could be planted in a bet seah and that the ox and its harness could pass between them, then he has acquired the ground under them, the ground between them, and outside the space for the harvester and his basket. Rav said, if they form a group. Samuel says, also if they are in a straight line. Rabbi Yose said, this refers to there but not to here. Rabbi Jonah said, it refers even to here, if they are close. Rabbi Mana said to him, did we not state “that the ox and its harness could pass between them”? Come and see, if the ox and its harness can pass between them, the roots can expand laterally, but if the ox and its harness cannot pass between them, the roots cannot expand laterally.

Rabbi Eliezer asked, from one to the other sixteen and on the sides twenty-five? Rabbi Samuel ben Rav Isaac asked: If they were next to a fence, does one plow the entire bet seah because of them? Rabbi Yose said, if you want that, we should give them their four bate seah, two bate seah here, two bate seah there. Rabbi Jeremiah asked, if there was one vine drawn over two seah, do you plow the ground under it and outside it for the harvester and his basket?

Regarding the prohibition of the first two terms, those above plow downwards and those below plow upwards. It seems reasonable that those above plow downwards but not that those below plow upwards. Let us hear from the following: “One removes a tree 25 cubits from a cistern.” We have stated on that: Both higher and lower. Or let us say both if the tree is higher and the cistern lower or if tree and cistern are on the same level. In this sense, we stated: “Whether the tree is higher and the cistern lower or the tree lower and the cistern higher”; is that reasonable? If the tree is higher and the cistern lower; but the tree lower and the cistern higher, do roots climb? Rabbi Ḥanina said not because of the roots climbing, but they loosen the earth and damage the bottom of the cistern. A case came before Rabbi Yose ben Rabbi Abun; he said that is a single opinion and we do not rely on it, for we have stated on this: “Rabbi Simeon says, just as they said higher so they said lower.”

Mishnah

3 Any useless or fruit trees are considered as if they were fig trees. If they would produce a fig cake weighing a talent of 60 Italian minas one plows the entire bet seah because of them. If less, one plows for them only as necessary. If one tree yields a “fig cake” but two do not, or two do and one does not, one only plows for them as necessary, unless there are three, and so from three to nine. If there are ten or more than ten one plows the entire bet seah because of them, whether they produce or not, since it is said: “You shall rest from plowing and harvesting.”Exodus 34:21 One does not have to mention plowing and harvesting of the Sabbatical, but it refers to plowing in the year preceding the Sabbatical in preparation for the Sabbatical, and harvesting of Sabbatical growth after the Sabbatical. Rabbi Ishmael says, just as plowing is voluntary so harvesting is voluntary; this excludes the harvest of the ʿomer.

Halakhah

“Any useless tree, etc.” Why did they mention fig trees? Because their fruits are large and they produce many. The etrog tree has large fruits but it produces few of them. Olive trees produce much but their fruits are not large. But these produce much and their fruits are large. Rabbi Ḥiyya bar Ada said, all trees produce one year less than another year but the fig tree produces every year.

“If one tree yields, etc.” Rabbi Vivian in the name of Rabbi Ḥanina: Only he should not diminish from the computation of triads. Zeira bar Ḥinena said, only he should not diminish from the computation of nonads.

If there were four and the ox may pass between them with its harness and two where the ox cannot pass with its harness, you consider it as if there were five. If there are five, we have the disagreement of Rabbi Simeon and the rabbis, as we have stated there: “A vineyard planted less than four cubits apart, Rabbi Simeon says that it is no vineyard. But the Sages say that it is a vineyard and one disregards the ones in the middle as if nonexistent.”

“One plows the entire bet seah because of them since it is said: ‘You shall rest from plowing and harvesting.’Exodus 34:21 ” That refers only to the first part, “one plows for them only as necessary because it is said ‘you shall rest from plowing and harvesting.’”

“One does not have to mention, etc.” Rabbi Ishmael is consistent since Rabbi Ishmael said the ʿomer may not come from Syria; the harvesting of the ʿomer is different, it is a commandment.

Mishnah

4 Three trees belonging to three different owners are counted together and one may plow the entire bet seah for them. How much space must be between them? Rabban Simeon ben Gamliel says, so that the ox and its harness can pass.

Halakhah

“Three trees, etc.” Rabbi Ḥiyya stated: Trees belonging to one owner and ground belonging to a second owner are counted together and one may plow the entire bet seah for them. Rabbi Yose said, we have stated more: Three trees belonging to three different owners are counted together and one may plow the entire bet seah until the New Year.

Mishnah

5 Ten saplings distributed on a bet seah, one plows the entire bet seah for them until the new year. If they formed a row or were surrounded by a grate one plows only what is necessary for them.

Halakhah

“Ten saplings, etc.” Rabbi Zeira, Rabbi La, Rabbi Yasa in the name of Rabbi Joḥanan: The “willow” is practice going back to Moses on Mount Sinai. This is against Abba Shaul, since Abba Shaul said the willow is a word of the Torah: “Brook willows,”Leviticus 23:40 two. One willow for the lulav, the other willow for the Temple. Rabbi Abba, Rabbi Ḥiyya in the name of Rabbi Joḥanan, willow and pouring of water are practice going back to Moses on Mount Sinai. This is against Rabbi Akiva, since Rabbi Akiva said the pouring of water is a word of the Torah. On the second day, “and their libations.”Numbers 29:19 On the sixth day, “and its libations.”Numbers 29:31 On the seventh day, “and its rules.”Numbers 29:33 Mem, yod, mem spells “water.” Rabbi Ḥiyya bar Abba asked before Rabbi Joḥanan, why does one now plow because of old trees? He said to him, when the practice was established it was given so that when they desired to plow they might plow.

Rabbi Abba bar Zabdi in the name of Rabbi Onias from Hauran: Willow, water libation, and ten saplings are institutions of the early prophets. Do they disagree? Rabbi Yose ben Rabbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rabbi Mana said: “For it is not an empty word, from you,”Deuteronomy 32:47 if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

Rabbi Joḥanan said to Rabbi Ḥiyya bar Abba: Babylonian, two things came from you, prostrating oneself on fast days and the willow of the seventh day. The rabbis of Caesarea say, and the moving.

It was stated: “A sapling by the rule of ten and an old tree by the rule of three.” Come and see, a sapling appearing like an old tree you consider as an old tree; and you say a sapling by the rule of ten? Rabbi Ḥuna said, what means “by the rule of ten”? That a sapling does not follow the rule of three. That you should not say, three producing saplings are like ten non-producing ones and, similarly, three producing old ones are like ten non-producing ones. Therefore, it is necessary to say: “A sapling by the rule of ten.”

“A field of reeds is judged like a field of grain.” Rabbi Abbahu in the name of Rabbi Yose ben Ḥanina: This was taught about dispersed ones.

Does this not contradict Samuel, since Samuel said, even when they form a line. There, since they are dispersed in a bet seah you consider it as if it were full, but here they are all at one place.

Mishnah

6 Saplings and gourds go together in a bet seah. Rabban Gamliel says, if there are ten gourds in a bet seah, one plows the entire bet seah until New Year’s Day. How long are they called saplings? Rabbi Eleazar ben Azariah said, until they become profane. Rabbi Joshua said, seven years. Rabbi Akiva said, tree saplings when they are called so. A tree which was cut down and grows anew, if it was cut lower than one hand-breadth it is like a sapling, higher than a hand-breadth it is a tree, the words of Rabbi Simeon.

Halakhah

“Saplings and gourds, etc.” That is only if there are more saplings than gourds. Rabbi Ḥananiah ben Rabbi Hillel asked, is that not reasonable only for Greek gourd? Rabbi Mana objected, did we not state: “Three green melons, three gourds, and four saplings go together and one plows the entire bet seah because of them.” It fits only for the last sentence: Rabban Gamliel says, if there are ten gourds in a bet seah, one plows the entire bet seah until New Year’s Day. Rabbi Ḥananiah ben Rabbi Hillel asked, is that not reasonable only for Greek gourd?

“How long are they called saplings, etc.” What does “until they become profane” mean? Until they are redeemed or until they become profane by themselves. Rabbi Abba bar Jacob in the name of Rabbi Joḥanan: The Mishnah means “until they become profane by themselves.” Rabbi Yudan said, a baraita supports Rabbi Joshua: “Rabbi says, when they said five, six, or seven years old, for vines five years old, for figs six years old, for olives seven years old.” But do we not see the growth of the fig tree come with fruits? Rabbi Yudan said, according to Rabbi we throw it on its width.

Rabbi Simeon and Rabbi Eliezer ben Jacob said the same thing since Rabbi Samuel bar Naḥman, Rabbi Jonathan, said in the name of Rabbi Eliezer ben Jacob: He who prunes his vineyard down to less than a hand-breadth is subject to the rules of orlah because of the bad appearance. The Sages say, only if he prunes down to the ground.

Mishnah

1 Until when may one plow a shadeless field in the year preceding the Sabbatical? After the humidity stops, as long as people plow to plant melon and gourd fields. Rabbi Simeon said, you put the instruction for every individual in his own hand! But a shadeless field until Passover, a field with trees until Pentecost.

Halakhah

“Until when may one plow,” etc. Who is the Tanna who considers humidity? He is Rabbi Meir. Then Rabbi Meir follows the House of Shammai and Rabbi Simeon the House of Hillel. Could we conclude that in our Mishnah Rabbi Meir follows the House of Shammai and Rabbi Simeon the House of Hillel? It must be that Rabbi Meir follows the first Mishnah and Rabbi Simeon the later Mishnah. Could we conclude that in our Mishnah Rabbi Meir follows the first Mishnah and Rabbi Simeon the later Mishnah? But for Rabbi Meir it is taught as a disagreement and for Rabbi Simeon it is the opinion of everybody. Hence, the author of “until when may one plow a shadeless field in the year preceding the Sabbatical” is Rabbi Meir, but following Rabbi Simeon everybody agrees to “until Pentecost.”

Not only a field planted with melons and gourds but even when people intend to plant melons and gourds in the future it is permitted.

“Rabbi Simeon said, you put the instruction for every individual in his own hand!” One will say, the moisture of my field is gone; the other one will say, the moisture of my field is not yet gone. “But a shadeless field until Passover, a field with trees until Pentecost.”

What explains the difference between a shadeless field and an orchard? Since a shadeless field will be newly sown it needs existing superficial moisture but an orchard which already is planted does not need superficial moisture.

Mishnah

2 One fertilizes and hoes in melon and gourd fields until the New Year; the same applies to irrigated fields. One trims, removes, dusts, and smokes until the New Year. Rabbi Simeon said, one may even remove a leaf from a bunch in the Sabbatical year. One may remove stones until the New Year. One cuts, prunes, and shapes until the New Year. Rabbi Joshua says, like the pruning and shaping of the fifth year, so is that of the sixth. Rabbi Simeon says, any time that I may work the tree I may shape it.

Halakhah

“One gives manure and one hoes in melon fields,” etc. May one plow for these? It was stated: “As long as one may plow one may fertilize and hoe; if one may not plow then one may neither fertilize nor hoe.” Rabbi Yose said, the Mishnah implies this: “One fertilizes and hoes in melon and gourd fields until the New Year; the same applies to irrigated fields,” and we have stated on this: “One plows irrigated fields until the New Year; Rabbi says until three days before the New Year so that one may sow and it starts to form roots, or one plants and it starts to form roots.” If it would grow roots in three days! “Rabbi says, until three months before the New Year so that one may sow rice, have it form roots, transplant it and have the roots take hold.”

One trims to remove outgrowths. One removes leaves. One dusts, puts dust over it. One smokes, one makes smoke under it. It was stated: “One straightens them, one makes them grow sideways.” One straightens for it. One makes it grow sideways: The colleagues say, one makes a forked support for it; Rabbi Yose says, one weighs it down with a stone.

It was stated: “One strings and spreads.” So is the baraita: One strings vines and spreads them on the poles. “At a place where one usually strings and spreads before Sukkot one strings and spreads before Sukkot; after Sukkot, one strings and spreads after Sukkot. Rabbi Simeon says, only higher than the notch.”

Rabbi Jeremiah in the name of Rabbi Hoshaiah, Rabbi Jacob bar Aḥa, Rabbi Yose bar Ḥanina in the name of Rabbi Ḥama, father of Rabbi Hoshaiah: He takes all accumulations with it. “Rabbi Simeon said, one may even remove a leaf from a bunch in the Sabbatical year.” The position of Rabbi Simeon is inverted: We have stated there: “One may tear off rice in the Sabbatical year; the words of Rabbi Simeon are that one may not trim.” And here, he says so? There is a difference here, he is like one who saves from a fire.

“One may remove stones until the New Year,” etc. There, we have stated: “He who removes stones takes the upper ones and leaves those lying on the ground.” And here you say so? Rabbi Jonah said, there when they are loose, here when they are connected to the ground.

Rabbi Yose said, we were of the opinion to say that Rabbi Simeon holds with Rabbi Joshua in cutting, that there are two Tannaitic positions: “One may remove stones until the New Year, one cuts, prunes, and shapes until the New Year” following the rabbis. “Rabbi Joshua says, like the pruning and shaping of the fifth year, so is that of the sixth.” But there are three Tannaim. “One may remove stones until the New Year, one cuts, prunes, and shapes until the New Year” following the rabbis. “Rabbi Joshua says, like the pruning and shaping of the fifth year, so is that of the sixth,” even after that. “Rabbi Simeon says, any time that I may work the tree I may shape it,” until Pentecost.

Mishnah

3 One dirties saplings, ties them, clips them, builds them shelter, and waters them until the New Year. Rabbi Eleazar ben Rabbi Zadok says, one may water the leaves in the Sabbatical year but not the stem. One rubs unripe figs and pricks them until the New Year. One may not rub or prick unripe figs entering the Sabbatical year, or those of the Sabbatical year leaving it. Rabbi Judah says, at a place where people usually rub them, one may not rub them because that is agricultural work, but in a place where one does not usually rub, he may do so. Rabbi Simeon permits it for a tree since one may work a tree.

Halakhah

“One dirties saplings” etc. The Mishnah follows Rabbi, but according to the rabbis one dirties, one removes worms in the Sabbatical year but not on the intermediate days of holidays. In neither case does one cup but one may remove what one sees.

Rabbi Yose said that Rabbi Abuna asked: What is the difference between dirtying and making a shelter? Dirtying is like appointing a watchman, a shelter creates shadow for the plant and it grows because of that.

There, we have stated: “He who breaks off branches from an olive tree should not cover with dust but he may cover with stones or straw.” Rabbi Jonah said that Rabbi Abuna asked: What is the difference between straw and dust? Straw may only be compared to appointing a watchman, dust creates clay and the plant grows because of that.

It was stated: “Rabbi Yose ben Kippar said in the name of Rabbi Eleazar ben Shammuaʿ that the House of Shammai say, one waters the leaves and it trickles down to the root, but the House of Hillel say, one waters both on the leaves and on the root.” In the House of Rabbi Yannai one watered with a basket. Rabbi Yaakov bar Zavdi said: Rabbi Isaac ben Tevele watered with a basket. Rabbi Ḥiyya bar Abba: Rabbi Yudan bar Guria watered with a basket and hoed. Did he intend to work the land? In the days of Rabbi Ḥiyya bar Abba they watered date palms with new brooms and dried branches.

“One rubs unripe figs,” etc. We have stated: “One rubs unripe figs.” In the House of Rabbi they stated: “These are the unripe figs from the year before the Sabbatical which enter the Sabbatical.” Rabbi Eleazar follows our Mishnah. Rabbi Joḥanan follows those who stated in the House of Rabbi. In the opinion of Rabbi Eleazar, Rabbi Judah comes only to make things easy. In the opinion of Rabbi Joḥanan, Rabbi Judah comes only to make things harder.

Mishnah

4 One does not plant, sink, or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, sank, or grafted he has to uproot it. Rabbi Judah said, any graft that does not take hold within three days will never take hold; Rabbi Yose and Rabbi Simeon say, within two weeks.

Halakhah

“One does not plant ... or graft,” etc. Rabbi Eleazar in the name of Rabbi Yose bar Zimra: Our Mishnah deals with the unadvertised case, but if it is clear, for example when he plowed, it is permitted.

“One does not plant, sink, or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, sank, or grafted he has to uproot it.” If one did not uproot, what is with its yield? Rabbi Abba and Rabbi La were sitting in Tyre when a case came before them. Rabbi La taught that the fruits should be thrown away. Rabbi Abba said, I was not counted with them on the upper floor. They said, let us go out and study. They went out and heard Rabbi Jonah, Rabbi Isaac bar Tevele in the name of Rabbi Eleazar: One does not make a new restriction. Rabbi Yose, Rabbi Isaac bar Tevele in the name of Rabbi Eleazar: One does not add to a restriction.

If he planted and died, may his son keep it? Rabbi Jacob bar Abbai stated from Bar Delaiah: If he planted and died, his son may not keep it. This follows the one who says because of the suspicion, but because of the building of the father, his son may build.

It was stated: “If somebody planted, sank, or grafted 30 days before the New Year, it counts for him as a full year and he is permitted to keep it in the Sabbatical year. Less than 30 days before the New Year, it does not count for him as a full year and he is not permitted to keep it in the Sabbatical year. Truly, they said, the fruits from this planting are forbidden until the fifteenth of Shevat.” What is the reason? Rabbi Yasa in the name of Rabbi Joḥanan: “And in the year.”Leviticus 19:24 How do you understand this? Rabbi Zeira said: “Three years they shall be uncircumcised for you, and in the fourth year.”Leviticus 19:23

Rabbi Abba bar Mamai said before Rabbi Zeira: It is understandable if they were planted thirty days before the New Year. But if they were not planted thirty days before the New Year? Come and see: A full year is counted for him, and you say so? He said to him: If so, even if they were planted thirty days before the New Year, should it not be forbidden until thirty days before the New Year? What about it? Rabbi Mana said, since it stands in the middle of its year, it has to finish its year.

Mishnah

5 Rice, millet, poppies, and sesame that took root before the New Year are tithed for the past year and are permitted in the Sabbatical year. Otherwise they are forbidden in the Sabbatical and tithed for the coming year. Rabbi Simeon from Shezur says, Egyptian bean which one sowed originally for its beans has the same rules. Rabbi Simeon says, large peas have the same rules. Rabbi Eleazar says, only large peas when they formed pods before the New Year.

Halakhah

“Rice, millet,” etc. For produce they went after its being a third ripe, for rice after roots taking hold, and for vegetables the collection is the time of its tithing. From where do we know that they could go after its being a third ripe for produce? “From your threshing floor and from your winepress.”Deuteronomy 16:13 “From your threshing floor,” not all your threshing floor, “from your winepress,” not all your winepress. Then also if it is less than a third ripe? Rabbi Zeira said, it is written: “Tithe! You should tithe all produce of your seed,”Deuteronomy 14:22 something which may be sown and will sprout; this excludes produce less than a third ripe which when sown will not sprout. Then one should tithe the first third for the past and the other two thirds for the future! Rabbi Joḥanan said, from the holiday of Tabernacles. Just as Tabernacles belongs to the next year but you celebrate it for the past, so this one is for the future and you celebrate it for the past.

One might say, this similarly applies to rice, millet, poppy seeds, and sesame! Rabbi Ḥuna bar Ḥiyya said, there it is impossible to recognize. They objected to Ḥuna bar Ḥiyya, was it not stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits? Rabbi Yose said, Ḥuna bar Ḥiyya confirmed it; Rabbi Jonah, Ḥuna bar Ḥiyya in the name of Samuel: It is written: “Tithe! You should tithe all produce of your seed,”Deuteronomy 14:22 you give one tithe in one year but not two tithes in one year. They objected, does not Egyptian bean require two tithes in one year? Was it not stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits? Rabbi Zeira said, it is written: “Six years you shall sow your field and harvest.”Leviticus 25:3 Six sowings and six harvests, not six sowings and seven harvests. Rabbi Jonah said, we cannot hold with six but instead hold with seven; so it is: Six sowings and seven harvests, not six sowings and five harvests. They objected, does not Egyptian bean have six sowings and five harvests? As it was stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits.

On which basis did they rule that for vegetables their collection is the time of tithing? “From your threshing floor and from your winepress.”Deuteronomy 16:13 Threshing-floor and winepress are sustained by the waters of the preceding year, you go for them after the past. These live from the waters of the coming year, you go for them to the future. They objected, but Egyptian beans, if one sowed them for the beans, are tithed for the past, but if he sowed for vegetable, they are tithed for the future. Does it hold a charm to know that if one sowed them for the beans, they drink from the past year, but if he sowed them as vegetable, they drink from the future year?

What does tarmilu mean? They produced pockets.

Rabbi Abba bar Zavda in the name of Rabbi Simeon ben Lakish: Practice follows Rabbi Simeon from Shezur. Rabbi Yosa said, Rabbi Eleazar instructed Rabbi Sabbatai Zadok’s, following Rabbi Simeon from Shezur.

It was stated: The Sages enumerated six cases for Egyptian bean. If one sowed it for seeds it is tithed for the past; if he sowed it as vegetable it is tithed for the future. If he sowed it for both seeds and vegetable, or if he sowed for seeds and then wanted it as vegetable, one may tithe from its seed on vegetable and from vegetable on seeds, on condition that it was one-third ripe before the New Year. But if it was only ripe one-third after the New Year, its seed is tithed for the past and its vegetable is tithed at the moment of its being plucked if it was collected before the New Year. But if some of it was collected after the New Year, both seed and vegetable are tithed for the future.

If he sowed it for seeds and then thought about it for vegetable, it follows his thought. If he sowed it as vegetable, the thought of seeds cannot take hold on it unless he withheld three morbiot. That is, if it was one-third ripe before the New Year, but if it was not one-third ripe before the New Year, even if he did not withhold three morbiot. If he sowed for seeds and all plants formed complete pods before the New Year, its seeds are tithed for the past year, its greens are tithed at the time of their harvest. If some plants had formed complete pods but some did not, that is the case of: “He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits.” Rabbi Eudaimon from Haifa stated: Even if not all plants formed complete pods before the New Year, its seeds are tithed for the past year, its greens are tithed at the time of their harvest. Rabbi Yose said, that is if it was one-third ripe for the intention of seeds. But if it was one-third ripe for the intention of vegetables, it is impossible to say that its seeds are tithed for the past year and its greens are tithed at the time of their harvest, since you say that “he collects it together with his threshing; it turns out that he tithes from his seeds for his vegetable and from his vegetable for his seeds.”

If one sowed it for seeds before the Sabbatical New Year, then in the Sabbatical year both seeds and vegetables are permitted. If one sowed it as vegetable before the Sabbatical New Year, then in the Sabbatical year both seeds and vegetables are forbidden. If one sowed it both for seeds and vegetable before the Sabbatical New Year, then in the Sabbatical year clearly seeds are permitted. What is the status of vegetables? Rabbi Ḥiyya stated “forbidden,” Rabbi Ḥalafta ben Shaul stated “permitted.” He who says “permitted” follows the word of the Torah. He who says “forbidden,” because of the bad impression. Rabbi Simeon bar Zevida asked before Rabbi Yose: Then it should be forbidden even to use it to feed one’s animals, because of the bad impression. He said to him, one should not give to his son or to his agent, nor should he harvest in a row. Rabbi Yose ben Rabbi Abun said, if a hole was torn out it is permitted. Even according to him who says it is forbidden, if he harvested and found vegetable in it, it is permitted. Similarly, when a man came carrying ten bundles of Libyan beans as tithe to Rabbi Jeremiah, he said that this should not be done; do not harvest more than what is needed for the pan.

If one sowed it for seeds before the New Year of the eighth year, then in the eighth year both seeds and vegetables are forbidden. If one sowed it as vegetable before the New Year of the eighth year, then in the eighth year both seeds and vegetables are permitted. If one sowed it both for seeds and vegetable before the New Year of the eighth year, then in the eighth year seeds are forbidden and the vegetable is permitted.

Mishnah

6 Sterile onions and Egyptian beans from which water was withheld thirty days before the New Year are tithed for the past year and may be kept in the Sabbatical year; otherwise they are forbidden in the Sabbatical year and are tithed for the coming year. For those from a baʿal field, if one withheld water for two periods, the words of Rabbi Meir, but the Sages say three.

Halakhah

What are sterile onions? Those rural onions which do not form seeds.

Rabbi Mana said, since he withheld water for thirty days before New Year’s Day, they are as on a baʿal field.

Rabbi Jonah asked: Do they become seed-plants retroactively or are they seed-plants for the future? What would be the difference? If he took some within the thirty days and some afterwards, if you say that they become seed-plants retroactively, he tithes from one for the other; if you say, only in the future, he may not tithe from one for the other.

Mishnah

7 If gourds kept for seeds became hard before the New Year and unusable as food, one may keep them in the Sabbatical year; otherwise, it is forbidden to keep them in the Sabbatical year. Their buds are forbidden in the Sabbatical year. One may sprinkle with water on white dust, the words of Rabbi Simeon; Rabbi Eliezer ben Jacob forbids it. One may tear off rice in the Sabbatical year; the words of Rabbi Simeon are that one may not trim.

Halakhah

Why do I need that they became hard? Even if they did not become hard! If they became hard they fall under the rules of kitchen seed plants that are not eaten.

How does one check? He pricks it; if it heals, it is forbidden, otherwise it is permitted.

Rabbi Jonah from Bostra said: qarmals are free from tithes. That is, as long as they did not form gourds; but when they formed gourds they are like vegetables.

Rabbi Yose taught that it is forbidden to sip water from colocasia leaves because they are food for deer.

“One may sprinkle with water on white dust, the words of Rabbi Simeon; Rabbi Eliezer ben Jacob forbids it.” Rabbi Simeon follows the rabbis and Rabbi Eliezer ben Jacob is consistent, as we have stated there: “One may continue to draw water from tree to tree on condition not to water the entire field.” Rabbi Mana said it anonymously, Rabbi Abin in the name of Samuel: They disagree anonymously. What case are we dealing with? If they are widely spaced, it is forbidden according to everybody, if they are tightly planted, it is permitted according to everybody. But we deal with the case that they are planted ten to a bet seah. Rabbi Eliezer ben Jacob makes them widely spaced, the rabbis make them tightly planted. So the rabbis said, if they are 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 it is permitted to continue but forbidden to irrigate. Did we not think that according to everybody if they are widely spaced, it is forbidden; but is white dust not when they are widely spaced? But here it is the Sabbatical, there the holiday.

What is the difference between Sabbatical and holiday? In the Sabbatical year, because work is permitted they permitted work needing effort as well as work not needing much effort. On a holiday, because work is forbidden they only permitted work to prevent loss and only if it does not need much effort. Some want to understand it from this: During the Sabbatical year, which lasts for a long time, they permitted; during a holiday, which is a short time, they forbade. But would it not be reasonable to make these other seven days equal to the seven days of the holiday, and should they not be forbidden? It was found stated: “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 it.”

Mishnah

1 When may one bring out manure to form dungheaps? From the moment the agricultural workers stop, the words of Rabbi Meir. Rabbi Judah says, when the colocynth dried up. Rabbi Yose says, when it forms its fruit. How much manure may one use? Up to three dungheaps for a bet seah, each one containing ten boxes of a letekh each. One may add boxes but not dungheaps; Rabbi Simeon says, also dungheaps.

Halakhah

“When may one bring out,” etc. Is it permitted to assemble a dungheap at the door of one’s courtyard before the agricultural workers stop? Silanus asked Rabbi Ḥiyya bar Abba and he forbade it to him. Rabbi Ḥanina said, he permitted it, and they were gossiping about him that he was taking the tithe. He instructed himself to leave the Land, so that he could not take the tithe. Then should it be forbidden even after the agricultural workers had stopped, because of the bad impression, so that people would not say he brings it out to his irrigated field? The people of one’s town know whether he has an irrigated field or not. Rabbi Yose said, this means that they did not worry about a bad impression on passers-by.

May one do that during the prohibition of the first two terms? Let us hear from the following: “One may sell and transport manure with those who work during the Sabbatical year until the New Year, with a Gentile and a Samaritan even during the Sabbatical year on condition that he not unload the boxes.” It said only, “on condition that he not unload the boxes,” hence he is permitted to transport. That means it is permitted. If you say it is forbidden, he should be forbidden to transport.

“When the colocynth dried up.” Citrullus colocynthis. Rabbi Mana said, that means the colocynth of the open field.

“When it forms its fruit.” When it forms many fruits. Rabbi Ḥananiah said, when its uppermost fruit is fully formed, it immediately dries up. About this we have stated: Their statements are close to each other.

Rabbi Jeremiah said, if he uses fewer boxes; hence, two are permitted. Rabbi Yose questioned, if he uses fewer boxes, then two should be forbidden. But what case are we dealing with? If he exceeds the measure, as we have stated: “Rabbi Meir says, one may not add boxes or dungheaps, but the Sages say, one may add boxes but not dungheaps.” If one adds boxes, are they not of full measure? Similarly, one brings out to the dungheap even full measures.

Mishnah

2 A person may fill his entire field with dungheaps, three each per bet seah; more is forbidden, the words of Rabbi Simeon. But the Sages say, only if he raises or lowers it by three hand-breadths. A person may store his entire manure together; Rabbi Meir says only if he raises or lowers it by three hand-breadths. If he had little, he may continuously add to it; Rabbi Eleazar ben Azariah says only if he raises or lowers it by three hand-breadths or puts it on a rock.

Halakhah

Why is this stated twice? Rabbi Jeremiah said, there if he used fewer boxes, but here if he makes it according to the measure. We have stated thus about Rabbi Simeon: “On condition that he use no less than three boxes per dungheap.”

“But the Sages forbid.” When he brings more than the measure. But if the full measure is permitted in three places, so much more in one place.

One may give two explanations: If he had little manure on his field, he may continuously add to it after the agricultural workers stopped; Rabbi Eleazar ben Azariah forbids it. What is the reason of Rabbi Eleazar ben Azariah? Maybe there will be manure and it will turn out that he fertilizes that place. One may give another explanation: If he had little 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 agricultural workers stopped; Rabbi Eleazar ben Azariah forbids it. What is the reason of Rabbi Eleazar ben Azariah? Maybe there will be no more manure and it will turn out that he fertilizes that place. Has it not been fertilized before the Sabbatical year? Rabbi Abba, Rabbi Jeremiah, Rabbi Abun bar Ḥiyya in the name of Rabbi Abba bar Mamai: Because of the bad impression it is forbidden unless he transports ten boxes together. Do the rabbis not care for a bad impression? 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 said, one does not build a new water canal during the intermediate days of holidays or during the Sabbatical year.” Rabbi Zeira said, because he would prepare its banks to be sown. Rabbi Jeremiah, Rabbi Abun bar Ḥiyya in the name of Rabbi Abba bar Mamai: Because of the bad impression. They wanted to say, the one who says there “because of the bad impression” says here “because of the bad impression”; the one who says “because he would prepare its banks to be sown,” what can he say here? The only answer would be “maybe there will be no more manure and it will turn out that he fertilizes that place.” What would be the difference between them? If he dug to build a water canal for a building. They wanted to say, the one who says there “because of the bad impression” will say in this case “because of the bad impression,” but the one who says there “because he would prepare its banks to be sown,” here its banks will not be prepared to be sown. Everybody agrees that if he built there with lime, pebbles, stones, or cement it would be permitted.

Mishnah

3 He who wants his field to be fertilized makes a corral enclosing two bet seah. He may remove the walls in three directions and leave the middle one; then he may fertilize four bet seah; Rabban Simeon ben Gamliel says eight bet seah. If his entire field was only four bet seah, he leaves out part of it because of the bad impression. He may take manure out from the corral and put it on his field the way professionals do it.

Halakhah

There, we have stated: “A field cleared of thistles may be sown after the Sabbatical year. If it was improved or manured, it may not be sown after the Sabbatical year.” Rabbi Jonah said, so is the Mishnah: He who wants to put his flock on his field makes a corral enclosing two bet seah.

With everything one makes walls of corrals, with bast mats, straw, or stones, or even three ropes one above the other.

On condition that between one corral and the next there be less than a full corral. In that place he milks, shears, and through it leads his flock in and out.

It was stated: “Rabbi Simeon ben Eleazar says, if he wishes he sticks a peg into the ground and makes four corrals in the four cardinal directions for a total of eight bet seah.”

“One does not fertilize on the Sabbath, on holidays, or on the intermediate days of holidays, even if only for goodwill. One is not permitted to put a watchman there, nor to have the flock relieve themselves, and if they came by themselves one may not help them. But if they were working with him over the Sabbaths and holidays, he is permitted to put a watchman there, to have the flock relieve themselves, and if they came by themselves he may help them.” It was stated: “Rabban Simeon ben Gamliel says, on the Sabbath workers fertilize for goodwill, on the holidays for meals, and on the intermediate days of holidays even for wages.”

It was stated: “He who rents a flock may not help them to relieve themselves.” What does it mean to help them relieve themselves? He moves the animals from place to place. That is, if he rented them for a short time. But if he rented it for a longer period it is permitted; only the last day is forbidden.

Rabbi Ḥuna in the name of Rav Naḥman bar Jacob: He who goes to do his needs and cannot relieve himself should walk around and he will be able to relieve himself. Rabbi Ḥuna in the name of Mar Uqba: Ḥafrita root is good for the intestines.

Rabbi Ḥiyya bar Abba asked: Before the agricultural workers stopped, may one be permitted to take from the corral and put on his field in the way people treat dung?

Mishnah

4 Nobody should start a quarry inside his field unless there were three heaps of three by three standard stones, 27 stones in all. A stone wall containing ten stones, each a load for two carriers, may be taken away. The measure of a stone wall is ten hand-breadths. Less than that is a quarry; he may cut it down to a distance of less than a hand-breadth from the soil. That is, from his own. But from another person’s, he may take what he wants. That is, if he did not start it before the Sabbatical year. But if he started it before the Sabbatical year, he may take what he wants.

Halakhah

How is this? Three times nine, nine times three, 27.

It was stated: If there was a quarry between him and his neighbor and the neighbor had started to quarry it when it was permitted, this is permitted. But if it was empty of stones it is forbidden.

There, we have stated: “Any molding brings impurity, the frieze and the Giblean frieze only when they are open one hand-breadth.” Rabbi Ḥiyya said, that means that anybody who receives a row of building stones from another person must prepare for it a space of four hand-breadths. Rabbi Yose said, the Mishnah says so: “When did they say that any molding brings impurity? For a molding higher than the door by three rows of stones which is twelve hand-breadths.” Why did they state “rows of stones”? For the legal standard.

Rabbi Ḥiyya bar Abba asked, are these standards like those standards? Rabbi Ḥizqiah, Rabbi Jacob bar Aḥa in the name of Rabbi Yose ben Ḥanina: These standards are like those standards. Here you say “the measure of a stone wall is ten hand-breadths, less than that is a quarry,” and there you say so? What case is this? If there were two rows of stones, one should state “eight hand-breadths”; if there were three one should state “twelve hand-breadths!” Rabbi Yose said, deduct half a hand-breadth for hewing top and bottom and so for the next row, one finds three rows of ten hand-breadths. Less than that is neither a stone wall nor a quarry.

We have stated: “Rabbi Judah said that is if he did not intend to improve his field; but if he intended to improve his field even more is permitted. Rabban Simeon ben Gamliel said, that is if he did not intend to improve his field; but if he intended to improve his field even less is forbidden.” Rabbi Vivian said, Rabbi Assi taught following the Tanna who is lenient.

Mishnah

5 Stones which the plow displaced or which were hidden and became uncovered may be taken if among them there are two which are a load for two carriers. He who clears his field from stones takes the upper ones and leaves those which touch the soil. And so from a round heap of pebbles or a stone heap, he takes the upper ones and leaves those which touch the soil; if beneath them is rock or straw they may be taken.

Halakhah

Not only if the plow displaced them, but even if the plow might displace them in the future. Rabbi Yose said, a baraita says so: “They may be taken if among all of them there are two which are a two-person load.”

Rabbi Jacob bar Abun in the name of Rabbi Simeon ben Lakish: This means that it is forbidden to collect pebbles from another person’s field, for if he weeds, he will put his grasses there. That is, in an agricultural area, but on mountains and rocks it is permitted and he will think of it a kindness.

Mishnah

6 One does not build steps out of ravines before the Sabbatical year after the rains stopped because that is preparation for the Sabbatical. But he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical. One should not fill with earth but he may use it for a divider. Any stone may be taken if he can stretch out his hand and take it.

Halakhah

Rabbi Crispus in the name of Rabbi Joḥanan, Ḥananiah ben Gamliel: The Mishnah refers to the prohibition of the two terms. It was stated: “Rabbi Judah and Rabbi Neḥemiah forbid it.” Does this not refer to the prohibition of the two terms, so here also about the prohibition of the two terms. Rabbi Shammai inquired: If this is about the prohibition of the two terms, did we state that one is permitted to plow but forbidden to build? So it must refer to the permission of the two terms. If it refers to the permission of the two terms, we have stated: “But he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical.” Rabbi Mana said, is Rabbi Shammai correct? In the first case, one is permitted to plow because that prepares for the year after the Sabbatical. It is forbidden to build since that prepares for the Sabbatical. The Mishnah does not say so, “but he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical.”

“He should not cover it with earth but he may use it for a divider.” What is a divider? It divides, as it is said: “He is building a dividing wall.”Ezekiel 13:10

Mishnah

7 Shoulder stones come from anywhere. The contractor may bring them from anywhere. These are shoulder stones: Any which cannot be taken up with one hand, the words of Rabbi Meir. Rabbi Yose says shoulder stones are what their name indicates; all that can be carried on the shoulder by threes or twos. Somebody building a fence between his property and the public domain may dig down to the bedrock. What should he do with the soil? He makes heaps in the public domain and then uses it to improve the public domain, the words of Rabbi Joshua. Rabbi Akiva says, just as one may not damage the public domain, so one may not improve it. What should he do with the soil? He makes heaps on his own property in the way of those who manure. The same rule applies to somebody digging a cistern, a ditch, or a cave.

Halakhah

“Shoulder stones come from anywhere,” even from his own property and “the contractor may bring from anywhere,” even smaller than shoulder stones.

Rabbi Ḥiyya in the name of Rabbi Joḥanan: They stated only “between his property and the public domain”; hence, between his own and his neighbor’s properties building is forbidden in the Sabbatical year. But on the intermediate days of a holiday, even between his property and the public domain it is forbidden. About a breach that fences soil; but a breach that does not fence soil may be repaired in the Sabbatical year. We have stated so: “Any breach that fences soil one is forbidden to repair in the Sabbatical year; any breach that does not fence soil one may repair in the Sabbatical year.” That is, if it does not endanger the public, but if it endangers the public one may repair even if it does fence soil.

It is written: “To him who makes a road I shall show the help of God.”Psalms 50:23 There is a difference here, because this is an improvement which becomes a defect. Since Rabbi Simeon ben Lakish said, Saul merited the kingship only because his grandfather lit lights for the public; for that he was called “Ner.” One verse says “Ner begot Kish.”1 Chronicles 8:33 Another verse says “Kish the son of Abiel.”1 Samuel 9:1 Was not his name Abiel? But his name became Ner because his grandfather lit lights for the public.

Rabbi Abun asked: Before the agricultural workers stop, may one make heaps on his own property in the way of those who spread manure?

Mishnah

1 In earlier times they said a person may collect wood, stones, and grasses on his own property in the way he may collect on somebody else’s property, but only large pieces. But after transgressors became numerous they decreed that everybody only collect from somebody else’s without reciprocity and it goes without saying that he does not have to allot him food.

Halakhah

“In earlier times they said,” etc. Rabbi Jonah said, the Mishnah has to be stated as follows: In earlier times they said, a person may collect wood, stones, and grasses on his own property, but only large pieces, in the way he may collect on somebody else’s property both large and small pieces. When they suspected that people were collecting but were saying, we took only large pieces, they decreed that everybody only collect from somebody else’s property without reciprocity. When they suspected that people were collecting in reciprocity but saying, we collected without reciprocity, they decreed that one may collect only from close by and from what is in ample supply.

Rabbi Zeira said, first and first are supported.

If his animal was there, his animal is proof for him. If his cooking stove was there, his cooking stove proves for him. If he collected the coarse pieces, may he come back and collect the coarsest of the smaller ones? If you say so, he will collect his entire field.

If his field was full of coarse pieces, there are two Mishnayot; one said, it is permitted, one said, it is forbidden. “He who clears his field from stones takes the upper ones and leaves those which touch the ground;” that means it is permitted. “Who is the one who thins out? He takes one or two;” that means it is forbidden.

Is it the same on the intermediate days of a holiday? A Tanna was found who stated: “A person may collect wood, stones, and grasses on his own property, but only large pieces, in the way he may collect on somebody else’s property both large and small pieces, in a Sabbatical year but not during the intermediate days of a holiday.” Is it the same for stones? It was found stated “including stones.” “The heart knows whether it is straight or crooked.” Rabbi Yosah in the name of Menaḥem: Rabbi Akiva followed his own rule. He saw a person pruning his vineyard. He said to him, is that not forbidden? He said to him, I need it to make basket weave. The heart knows whether it is for basket weave or for crookedness.

Mishnah

2 A field that had been cleared of thistles may be sown at the end of the Sabbatical year. A field improved or fertilized should not be sown at the end of the Sabbatical year. A field that was improved, the House of Shammai say one does not eat its produce in the Sabbatical year, but the House of Hillel say one does. The House of Shammai say one does not eat Sabbatical produce in reciprocity, but the House of Hillel say in reciprocity and without reciprocity. Rabbi Judah says it the other way around; this is one of the leniencies of the House of Shammai and stringencies of the House of Hillel.

Halakhah

“A field that had been cleared of thistles,” etc. There they say, when its thistles were removed, but the rabbis here say, when they were plowed under. What is improvement in the opinion of the rabbis here? Everybody plows once and he plows twice. How can that be? Rabbi Yose ben Rabbi Abun said, there the government does not oppress, but here the government oppresses.

When the government was oppressing the first time Rabbi Yannai instructed to plow a single plowing. An apostate was passing by, he saw them putting up the harrow. He said to them, hey you! Is it permitted for you to plow? Is it permitted for you to put up the harrow?

Rabbi Jacob bar Zabdi said before Rabbi Abbahu: Did not Rabbi Zeira and Rabbi Joḥanan in the name of Rabbi Yannai, Rabbi Jeremiah, Rabbi Joḥanan in the name of Rabbi Simeon ben Jehozadak, say that they voted on the upper floor of the Libzah house in Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and adultery, and murder he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Julianus and his brother Pappos whom they gave water in a colored glass and they did not accept. He said, they do not intend to lead you to apostasy, they only want to collect annona. What does “in public” mean? The rabbis of Caesarea say ten, as it is written: “I shall be sanctified in the midst of the Children of Israel.”Leviticus 22:32

They saw the young Rabbi Abuna collecting donkey’s dung on the Sabbath. Rabbi Jonah and Rabbi Yose permitted baking for Ursicinus on the Sabbath. Rabbi Mana said, I asked before my father Rabbi Jonah, did not Rabbi Zeira and Rabbi Joḥanan in the name of Rabbi Yannai, Rabbi Jeremiah, Rabbi Joḥanan in the name of Rabbi Simeon ben Jehozadak, say that they voted on the upper floor of the Libzah house in Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and adultery, and murder he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Julianus and his brother Pappos whom they gave water in a colored glass and they did not accept. He said, he does not intend to lead you to apostasy, he only wants to eat warm bread. What does “in public” mean? The rabbis of Caesarea say ten, as it is written: “I shall be sanctified in the midst of the Children of Israel.”Leviticus 22:32

Rabbi Abuna asked before Rabbi Ammi: Are Gentiles required to sanctify the Name? He said to him: “I shall be sanctified in the midst of the Children of Israel.”Leviticus 22:32 Israelites are required to sanctify the Name; the Gentiles are not required to sanctify the Name. Rabbi Nasa in the name of Rabbi Lazar understood it from the following: “May the Eternal forgive His servant for this, etc.”2 Kings 5:18 Israelites are required to sanctify the Name; the Gentiles are not required to sanctify the Name.

Rabbi Abba bar Zemina was working as a tailor in Rome at the place of an Aramean. He brought him meat of a carcass and told him to eat. He said to him, I will not eat. He said to him eat! Otherwise I will kill you. He said to him, if you have to kill, kill, for I will not eat meat of a carcass. He said to him, certainly you should know that I would have killed you, had you eaten. Either one is a Jewish Jew or an Aramean Aramean. Rabbi Mana said, if Rabbi Abba bar Zemina had understood the words of the rabbis, he would have eaten.

If somebody improved his field and died, may his son sow? Rabbi Jacob bar Aḥa, Rabbi Immi in the name of Rabbi Yose ben Rabbi Ḥanina: If somebody improved his field and died, his son may sow; if he improved his field and sold it, it is forbidden to be sown. If the buyer transgressed and sowed, it is permitted since they decided only on a fence that one may live with.

What are the rules if somebody improved today? Rabbi Jeremiah wanted to say, it is permitted. Rabbi Yose said, did Rabbi Jeremiah not hear that he would be whipped? Did he not hear that he would be unacceptable for testimony? He turned around and said, certainly he had heard! But he is like someone who hears a statement and questions it. Rabbi Ḥizqiah said, it was objected before Rabbi Jeremiah, there seems not to have been a court which disestablished! The force of Rabbi Jeremiah is from the following: “An Israelite woman who comes to a priestly woman to get fire dips the wick into oil to burn and lights.” Rabbi Ḥuna in the name of the house of Rabbi Yannai: It was a time of wolf packs; there was no court which disestablished. As you say there, there was no court which disestablished, so here there was no court which disestablished!

A similar case: When does a man acquire Sabbatical fruit? Rabbi Jeremiah wanted to say, when he puts them in his vessels. Rabbi Yose wanted to say, even if he puts them into his vessels he did not acquire them; he thinks that they are his but they are not his. Compare the following: Rabbi Tarfon went to eat single figs from somebody’s property without reciprocity, following the House of Shammai. The watchmen saw him and started whipping him. When he saw himself in danger, he said to them, by your lives, tell in Tarfon’s house to have his burial shrouds ready. When they heard this, they prostrated themselves before him and said, Rabbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances Rabbi Tarfon followed the House of Shammai and endangered himself, in the case here and in the recitation of Shemaʿ. Rabbi Abbahu in the name of Rabbi Ḥanina ben Gamliel: All his life Rabbi Tarfon regretted this incident and said, woe to me that I used the Crown of the Torah.

Mishnah

3 One rents plowed fields from Gentiles in the Sabbatical year but not from Jews. One encourages Gentiles in the Sabbatical year but not Jews. One greets them for communal peace.

Halakhah

“One rents plowed fields,” etc. Rabbi Ḥiyya, Rabbi Ammi. One said: “Plow it well; then I will rent it after the Sabbatical.” The other one said: “May you succeed.” For him who says plow it well, then I will rent it after the Sabbatical, what does “one greets them” mean? “May you succeed.” For him who says may you succeed, what does “one greets them” mean? Jewish greeting, “Peace upon you.”

Explanation: Rabbi Ḥinena bar Pappa and Rabbi Samuel bar Naḥman passed by one of the plowmen in the Sabbatical. Rabbi Samuel bar Naḥman said to him, may you succeed. Rabbi Ḥinena bar Pappa said to him, did not Rabbi teach us: “The passers-by did not say,”Psalms 129:8 this implies that it is forbidden to say “may you succeed” to one who plows in the Sabbatical. He told him, you know how to read but you do not know how to make a homily. “The passers-by did not say,” refers to the nations of the world who pass out of the world, they did not say to Israel “the blessing of the Eternal is on you.” What does Israel say to them, “we bless you in the Name of the Eternal.” All blessings that come into the world because of us are not enough for you, you do not say, come and take from these blessings for yourselves, but you roll over us prorated contributions and fines, head taxes and annonae.

Rabbi Ammi taught that one may not take out together with him.

Mishnah

4 If somebody thins out olive trees, the House of Shammai say he should cut them off, the House of Hillel say he may take out the roots, but they agree that one who levels may only cut off. What is thinning? One or two. Leveling are three adjacent to one another. When has this been said? On his own property. But from another’s property, even one who flattens may take out the roots. If somebody cuts down an olive tree, he should not cover the stump with dust but cover it with stones or straw. If somebody cuts down a sycamore trunk, he should not cover the stump with dust but cover it with stones or straw. One does not cut a virgin sycamore in the Sabbatical year because that is agricultural work. Rabbi Judah says, in a normal way it is forbidden but he may cut higher than ten hand-breadths or cut it down level with the ground.

Halakhah

“If somebody thins out olive trees,” etc. What is thinning? He removes one and leaves two, or removes two and leaves one. It was stated by the House of Rabbi: He removes one and leaves two. But did we not state: If somebody levels among vines, three adjacent to one another. Therefore, thinning must mean that one removes two and leaves one. Rabbi Jonah said, the baraita when he thins out the first time, and what was stated by the House of Rabbi when he already had thinned.

“One does not start a fire in reed thickets because that is agricultural work. Rabban Simeon ben Gamliel permits it. Similarly, Rabban Simeon ben Gamliel said, one may plant a useless tree in the Sabbatical year. One teaches a cow to plow only in dunes; Rabban Simeon ben Gamliel says, it is permitted also in somebody else’s field on condition that one not make parallel furrows.”

It was stated: “Abba Shaul says one clears groves by cutting near the ground on condition that one should not fell with an axe. One does not try out seeds in soil in a flower pot but one tries them out in dung in a flower pot; one puts them in water in the Sabbatical year for the year after the Sabbatical. One keeps aloe on the roof but does not water it. One does not put wild figs onto fig trees.” What does one do? One brings a branch of a wild fig, hangs it onto it, and tells it: That one produced and you did not produce! Did we not state: “If a tree sheds its fruits, one colors it red with vermilion, loads it with stones, and frightens it into producing.” They said, there that it should not loosen its fruits, here that it should start to produce.

One does not graft date palms because that is agricultural work. That you should not say because it could bear it is permitted; therefore it is necessary to say that it is forbidden.

The Mishnah speaks about three to nine.

Mishnah

5 If somebody cuts shoots of vines or cuts reeds, Rabbi Yose the Galilean says he leaves a hand-breadth but Rabbi Akiva says he cuts as he is used to, with an axe, a sickle, or a saw, or anything he wants. In the Sabbatical year one may bind a tree that was split, not to heal it but to stop the split from widening.

Halakhah

“If somebody cuts down an olive tree,” etc. It was stated: “If somebody cuts reeds, Rabbi Judah says at a place where one is used to cut, he should tear out; at a place where one is used to tear out, he should cut. In any case, he should cut higher than a hand-breadth. If somebody cuts down for logs, he should not plane and cut in steps, cut in steps to create joints, but he should try to cut them straight.” It was stated: “Rabban Simeon ben Gamliel said, at a place where one usually planes, he should cut in steps, in steps he should plane and cut down at the ground, but he should not cut with an axe.”

Rabbi Yose the Galilean follows the House of Shammai, Rabbi Akiva follows the House of Hillel. Can we come to state that Rabbi Yose the Galilean follows the House of Shammai, Rabbi Akiva follows the House of Hillel? But Rabbi Yose the Galilean worries about agricultural work.

Mishnah

6 When does one start to eat tree fruits in the Sabbatical year? Unripe figs when they started to be radiant one eats with his bread in the field; when they became large one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed. Unripe grapes when they contain fluid one eats them with his bread on the field; when their skin became transparent one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed.

Halakhah

“If somebody cuts shoots of vines,” etc. What does biḥilu mean? Rabbi Ḥiyya bar Abba said, if it comes alive, as you say: “And their souls were too much for me.”Zechariah 11:8

It is written: “For your domestic animals and the wild animals of your Land shall all its yield be food.”Leviticus 25:7 Rabbi Ḥiyya bar Abba said, two kinds of yield, one from the house and one from the field, and it is written: “From the field you shall eat its yield.”Leviticus 25:12

Rabbi Yose ben Ḥanina asked: May one make a plaster emollient of unripe figs? After he can eat his bread with them in the field it will be forbidden. Or since he may bring them into his house it might be permitted.

There, we have stated: “Unripe figs and grapes, Rabbi Akiva said they may become impure by the impurity of food; Rabbi Joḥanan ben Nuri said only after they come to the period of tithing.” We have stated here “immediately” but is it “not immediately”? Rabbi Ḥananiah in the name of Rabbi Simeon ben Lakish: The Mishnah speaks only about unripe figs, but unripe fruit of any other kind may not become impure by the impurity of food until it reaches the period of tithing. Rabbi Yose said, our Mishnah implies this: “Unripe figs when they started to be radiant one eats them with his bread in the field.” Rabbi Pedat in the name of Rabbi Joḥanan: Everybody agrees about the Sabbatical year. “Everybody agrees,” the colleagues said that the figs do not become impure by the impurity of food.

“The palm pith is wood in every respect except that it may be bought with tithe money. Palm spathe used as food is free from tithes.” Rabbi Judah ben Pazi explained in the study house: Palm pith is not subject to the holiness of the Sabbatical year. But Rabbi Yose commanded about those who were asking; they said that it was said from his part. He made them say that Rabbi Yose told them, a baraita disagrees with Rabbi Judah ben Pazi and supports us, as it was stated: “One may not cook unripe figs of the Sabbatical year but it is permitted for the late ones because that is their treatment.”

“When does one start to eat fruits,” etc. Since we say that palm pith and spathe are like wood, is wood forbidden to be cooked? But because the holiness of the Sabbatical falls on them one has to say that it is forbidden.

“Unripe grapes when they contain fluid,” etc. What argument can you give for unripe grapes? Rabbi Abun said, because at that stage usually the owls eat it.

Mishnah

7 Olives containing a quarter log of oil per seah one may break open and eat in the field. When they contain half a log, one may pound them and use the oil to anoint oneself in the field. When they contain a third, one may pound them on the field and bring them to the house; in a similar circumstance in the other years of the Sabbatical cycle they are subject to tithes. For all other tree fruits, as their time for tithes so is their time for the Sabbatical year.

Halakhah

“Olives containing a quarter log per seah” etc. What is “a third”? Of a log. The Mishnah for those which produce three log per seah.

It is written: “Because it is the jubilee, holy should it be for you, etc.”Leviticus 25:12 Just as the year is holy, so its yield is holy.

Rabbi Yose ben Ḥanina kissed the cliffs of Acco and said, up to here is the Land of Israel. Rabbi Zeira crossed the Jordan in his clothing. Rabbi Ḥiyya bar Abba rolled himself in the step of Tiberias. The elder Rabbi Ḥiyya weighed rocks. Rabbi Ḥananiah weighed earth lumps to fulfill what was said: “For Your servants desired its stones and they loved its dust.”Psalms 102:14

Mishnah

8 When may one not cut down a tree in the Sabbatical year? The House of Shammai say, every tree when it starts. But the House of Hillel say, carob trees when they form clusters, vines when they produce fluid, olive trees when they have flower buds, all other trees when they start. Any tree may be cut down once its fruit has reached the stage of tithes. How much should be on an olive tree so one should not cut it down? A quarter qab. Rabban Simeon ben Gamliel says, all according to the olive tree.

Halakhah

“When may one not cut down,” etc. Rabbi Ḥinena bar Pappa stated, for carob trees their forming clusters means their sprouting. “Vines when they produce fluid,” Rabbi Jonah said when they flow with water, as you say: “He draws the waterdrops that distill rain from their mist.”Job 36:27 “Olive trees when they have flower buds,” Rabbi Jonah said, when they bring a quarter qab. A quarter qab of flower buds or a quarter qab of olives? Rabbi Jonah said, that means, flower buds which will yield a quarter qab of olives.

Rabbi Jonah said: “Your olives will fall off,”Deuteronomy 28:40 one in 340 were kept. Rabbi Jonah said: “For the tree will bear its fruit”Joel 2:22 means that the tree is not bearing its fruit in this world, “and fig tree and vine will give their strength” means that they are not giving their strength in this world.

Rabbi Jonah said in the name of Rabbi Ḥama bar Ḥanina: He who dies in the seven years of Gog has no part in the Future World. Its sign is, he who ate at the preliminary wedding feast will eat at the wedding feast. Rabbi Yose heard this and said, is that true? So far there is repentance for the Future World! Rabbi Jonah in the name of Rabbi Ḥiyya bar Ashi: In the future, fellows will exert themselves from synagogues to houses of study. What is the reason? “They will go from strength to strength, he will see the Power, God, in Zion,”Psalms 84:7 until he will see the Power, God, in Zion.

The rabbis of Caesarea say, Gentile minors and the armies of Nebuchadnezzar will not live and will not be judged; about them it says: “They will sleep an eternal sleep and never wake up.”Jeremiah 51:39, 57 From when do Jewish minors live? The elder Rabbi Ḥiyya and Rabbi Simeon ben Rabbi, one said from when they are born, the other said from when they talk. He who says from when they are born: “they shall come and tell His justice to the born people He made.”Psalms 22:31 He who says from when they talk: “Seed will worship Him, it will be told to the Master by the generation.”Psalms 22:30 It was stated in the name of Rabbi Meir: From the time the child knows to answer Amen in the synagogue. What is the reason? “Open the gates, let the just people come who keep trust.”Isaiah 26:2 There they say, from when they are circumcised: “I carried your fear, I cease.”Psalms 88:15 But the rabbis from here say, from when they are born: “He will say to Zion, everybody who was born is in it.”Psalms 87:5 Rabbi Eleazar says, even the stillborn, what is the reason? “The watched ones of Israel to return,”Isaiah 49:6 the created ones of Israel to return.

Mishnah

1 The Sabbatical of white figs is the second year since they produce after three years. Rabbi Judah says, the Sabbatical of Persian figs is the year after the Sabbatical since they need two years to produce. One said to him, they mentioned only white figs.

Halakhah

“White figs,” etc. What are white figs? Stonies. Do they bear every year or only once in three years? They bear every year but their fruits ripen only after three years. How does one know? Rabbi Jonah said, from when he binds a string around them. Samuel stated, one sticks a splint into them.

It was stated: “Rabban Simeon ben Gamliel says, a tree that buds before the fifteenth of Shevat is tithed for the past year; after the fifteenth of Shevat it is tithed for the coming year.” It was stated: “Rabbi Neḥemiah said, when has this been said? For a tree producing two threshing floors a year. But trees making only one threshing floor per year, such as olive trees, date palms and carob trees, even if they budded before this day, belong to the future.” Rabbi Joḥanan said, people used to follow Rabbi Neḥemiah for carobs. Rabbi Simeon objected before Rabbi Joḥanan: Did we not state that “the Sabbatical of white figs is the second year since they produce after three years”? According to you, those ripened in the Sabbatical year should be Sabbatical! He accepted that. Rabbi Abun bar Kahana said, I wonder how Rabbi Simeon ben Lakish could bring this objection before Rabbi Joḥanan and he accepted it. Could he not object: I am speaking about carobs and you about white figs, I am speaking about custom and you about practice, I am speaking about Rabbi Neḥemiah and you about the rabbis! It follows that the rules are equal for carobs and white figs, custom and practice, Rabbi Neḥemiah and the rabbis.

There, they say: A tree which buds before the New Year’s Day of the World is tithed for the past; after the New Year’s Day of the World it is tithed for the future. Rabbi Yudan bar Pedaiah objected before Rabbi Jonah: But carob trees form buds before New Year’s Day and are tithed for the future! He had not heard what Rabbi Ḥinena bar Pappos said, for carob trees the forming of clusters is counted as their forming buds.

Rabbi Assi said, if it was one-third ripe before the New Year’s Day of the World it is tithed for the past, after the New Year’s Day of the World it is tithed for the future. Rabbi Zeira objected before Rabbi Assi: Some years are late and dates start to have sap after the New Year’s Day of the World but they are tithed for the past! Rabbi Zeira said, Rabbi Assi did not say this on his own but following Rabbi Joḥanan, Rabbi Simeon ben Lakish. Rabbi Jacob bar Aḥa in the name of Samuel bar Abba: “If it was one-third ripe before the Fifteenth of Shevat it is tithed for the past, after the Fifteenth of Shevat for the future.” Rabbi Zeira said, that is correct; for an etrog, did one not eliminate its budding but not its year; but here did one eliminate its year but not its budding?

Rabbi Abun bar Ḥiyya asked before Rabbi Zeira: Does this mean, the first third for the past, the second third for the future? He said to him, the first third is slow in coming; afterwards it grows rapidly. Rabbi Abba said, Rabbi Zeira learned that from a competent sharecropper. Samuel said, sixty days for six leaves, six days for sixty leaves. It was stated: “Rabban Simeon ben Gamliel said, from the appearance of leaves to the bud fifty days, from the bud to the windfall fifty days, from windfall to figs fifty days. Rabbi says, all of them by forty days.” If somebody harvested figs and does not know when their buds were formed, Rabbi Jonah said he counts a hundred days backwards; if the Fifteenth of Shevat falls in this period he knows when they budded.

They said to him, but they are with you in Tiberias and they produce in one year. He said to them, but there they are with you in Sepphoris and they need two years!

Mishnah

2 If somebody stores arum in the Sabbatical year, Rabbi Meir says it should not be less than two seah and in a hole three hand-breadths deep, with a hand-breadth of earth on top. But the Sages say, it should not be less than four qab, one hand-breadth deep, with a hand-breadth of earth on top, and should be stored where people step on it. Arum after the Sabbatical. Rabbi Eliezer says, if the poor collected the leaves, they collected; otherwise, he should settle with the poor. Rabbi Joshua says, if the poor collected the leaves, they collected; otherwise, the poor have nothing to settle with him. Arum of the year before the Sabbatical entering the Sabbatical, as well as summer onions and madder growing on choice land, the House of Shammai say, one takes them out with wooden shovels but the House of Hillel say with iron spades. They agree that one takes out madder growing on slopes with iron spades. When may a person buy arum after the end of the Sabbatical? Rabbi Judah says, immediately. But the Sages say, after the new crop is dominant.

Halakhah

“If somebody stores arum.” This takes care of arum. Onions? Rabbi Jonah said, arum and onions follow the same rules. Rabbi Yose said, it is reasonable that a lesser quantity be permitted for onions for they are smoothed.

“Arum after the Sabbatical,” etc. Rabbi Abbahu in the name of Rabbi Joḥanan: It turns out that Rabbi Judah follows Rabbi Eliezer and Rabbi Yose follows Rabbi Joshua. As we have stated there: “Poor persons eat after the removal but not rich ones, the words of Rabbi Judah. Rabbi Yose says poor and rich persons may eat after the removal.”

Rabbi Ammi asked before Rabbi Joḥanan: Does our Mishnah go back to the time before they decreed about spontaneous growth? He said to him, were you there on the upper floor? Rabbi Ammi inferred that the prohibition of spontaneous growth is from the Torah.

Rabbi Jeremiah said, the Mishnah deals with the leaves of false arum. Rav Hoshaiah brought a baraita of Bar Qappara from the South and stated: “The leaves of arum or of onions.” Can you speak of leaves of false onions? The word of Rabbi Jeremiah implies that anything subject to removal found inside something not subject to removal is subject to removal. How does Rabbi Jeremiah deal with this? He explains it if he trampled on the leaves.

Rabbi Yose explains the Mishnah before the New Year of the Sabbatical: If one planted before the New Year of the Sabbatical, it formed a bulb before the Sabbatical; he pressed the leaves down during the Sabbatical and tore them out after the Sabbatical. If you say that pressing down is like tearing out, everything is for the poor. If you say that pressing down is not like tearing out, not everything is for the poor. Because of this doubt, he should settle with the poor.

Rabbi Ḥizqiah explains the Mishnah as referring to the eve of New Year’s Day of the Sabbatical. If he planted on the eve of New Year’s Day of the Sabbatical, it grew a bulb at the start of the Sabbatical; then he pressed the leaves down during the Sabbatical and tore them out after the Sabbatical. If you say that pressing down is like tearing out, everything belongs to the farmer. If you say that pressing down is not like tearing out, not everything belongs to the farmer; therefore, the poor have no settlement with the farmer.

“If it was in the ground three years, he gives one quarter to the poor. Two years, he gives one half to the poor.” Rabbi Yose explains the baraita before New Year’s Day of the Sabbatical, Rabbi Ḥizqiah explains the Mishnah as dealing with the eve of New Year’s Day of the Sabbatical.

“Arum of the year before the Sabbatical” etc. Rabbi Abun bar Ḥiyya asked before Rabbi Zeira: Is it not so also in the other years of the cycle since we have stated: “If it was the second year entering the third, he may not bend it or withhold water from it so it should be Second Tithe; if it was the third year entering the fourth, he may bend it and withhold water from it so it should be tithe of the poor”? This implies that bending down is like tearing out! Rabbi Yose in the name of Rabbi La: Explain that he tore them out before they started to grow.

“Summer onions,” summer ones. “They agree that one takes out madder growing on rocky slopes.” We have stated on that: “At a place where one is used to plow, he may plow, to harrow, he may harrow.”

“When may a person buy” etc. What is the reason of Rabbi Judah? They made a decree regarding arum but not regarding vegetables. Then it should be permitted even during the Sabbatical! We deal with what was stored, that one should not go and bring from the forbidden crop and say, I brought from storage.

It was stated: “Rabbi Judah said, it happened that we were at Ein Kushin and ate arum at the end of the holiday at the end of the Sabbatical following instructions by Rabbi Tarfon. Rabbi Yose told him, I was with you but it was only the end of Passover.”

Mishnah

3 These are the implements which the professional may not sell during the Sabbatical: A plow and all its implements, a yoke, a winnowing fork and an axe. But he may sell a hand sickle, a grain sickle, a carriage and all its implements. This is the principle: Everything that is used only for its work is forbidden; if it is usable for both forbidden and permitted work it is permitted. The seller may sell five oil amphoras and fifteen wine amphoras because so much one brings from ownerless property. If he brought more than that amount, it is permitted. He may sell to Gentiles in the Land and to Jews outside of the Land. The House of Shammai say, one may not sell to him a plowing cow during the Sabbatical but the House of Hillel permit it because he might slaughter it. One may sell him produce even during the sowing season and lend him one’s measuring device even though one knows that he has workers, and one may exchange coins for him even though one knows that he has workers. In all cases it is forbidden if specified.

Halakhah

“These are the implements,” etc. Rabbi Jonah said: So is the Mishnah: “These are the implements which the professional may not sell during the Sabbatical to a person suspected of violating the Sabbatical.” If one does not know, what is the rule? Since it was stated “if it is usable for both forbidden and permitted work it is permitted,” that means that it is permitted if one does not know.

“The potter may sell.” Should we not worry and say, maybe he will switch? Rabbi Jonah said, one recognizes, these are for wine and those for oil. Rabbi Ulla said, the material of these is known and the material of those is known.

“He may sell to Gentiles in the Land” even a larger quantity “and to Jews outside of the Land” even for what was bought in the Land.

“The House of Shammai say,” etc. It was stated: If somebody sells an ox and it turns out to be a goring one, Rav said it is an erroneous transaction but Samuel says, he can tell him: I sold it to you for slaughtering. What are we talking about? If he sold it to a sharecropper, he sold it for plowing. If he sold it to a butcher, he sold it for slaughter. But we are considering that he sold it to a broker. Rav said it is an erroneous transaction but Samuel says, he can tell him I sold it to you for slaughtering. The reasoning of Rav is inverted, the reasoning of Samuel is inverted. For they disagreed: If he sold it during the Jubilee year itself, Rav said he acquired it and it leaves his hand in the Jubilee year; Samuel says he did not acquire. The reasoning of Rav is inverted: there he said he acquired and here he said he did not acquire. There the Jubilee is public knowledge but here there is an erroneous transaction. The reasoning of Samuel is inverted: there he said he did not acquire and here he said he acquired. For what purpose did he sell it to him if not for sowing? But here he can tell him I sold it to you for slaughtering.

Does Rav follow the House of Shammai and Samuel the House of Hillel? Rav follows the House of Shammai and Samuel the House of Hillel. Rav follows the House of Shammai, but even if he would follow the thinking of the House of Hillel, people do not usually keep for thirty days. If he keeps it for thirty days would it not be an erroneous transaction? Samuel follows the House of Hillel, but even if he would follow the thinking of the House of Shammai, people do not usually slaughter plowing cattle.

Rabbi Aḥa, Rabbi Tanḥum bar Ḥiyya in the name of Rabbi Joḥanan: If somebody lent his measuring cup and found him using it, he does not have to say anything; much less if he rented it out.

Mishnah

4 A woman may lend to her neighbor whom she suspects in matters of the Sabbatical a coarse sieve, a fine sieve, grindstones and an oven but she should neither cull nor grind with her. The wife of a fellow may lend to the wife of an am haʾaretz a coarse sieve and a fine sieve, she may cull, grind and sift with her, but she may not touch hers once water has been put in because one does not support transgressors. All this has only been said for communal peace. One encourages Gentiles in the Sabbatical year but not Jews. One greets them for communal peace.

Halakhah

Rabbi Zeira asked before Rabbi Mana: Does our Mishnah deal with the implicit case, rather than the explicit? He said to him, is the implicit case not explicit? I can say a coarse sieve to count coins, a sieve to sift sand, grindstones to grind spices, a stove to put in flax bundles.

Rabbi Phinehas asked: For what did they impose a fine? At a place where they sow and eat or at a place where they sow but do not eat? What is the difference? If one saw him buying from Saracens. If you say at a place where they sow and eat, if one saw him buying from Saracens it is forbidden; if you say at a place where they sow but do not eat, if one saw him buying from Saracens it is permitted.

Rabbi Yose bar Ḥanina asked: Has this been said for all of this chapter or only for this Mishnah? The rabbis of Caesarea in the name of Rabbi Judah bar Titus: From the fact that we state only this Mishnah in Giṭṭin it follows that it was said only for this Mishnah.

There, we have stated: One does not knead or form bread with a baker working in impurity. And it was stated additionally: One should neither cull nor grind nor sift with him. And here, it says so? Rabbi La said, here for profane bread, there for heave. But did we not state “a baker”? Can you say heave at a baker’s? The colleagues say, here if he washes, there if he does not wash. The Mishnah supports the colleagues: “But she may not touch hers once water has been put in because one does not support transgressors.”

“All this has only been said for communal peace.” Rabbi Ḥiyya, Rabbi Ammi. One said: “Plow it well; then I will rent it from you after the Sabbatical.” The other one said: “May you succeed.” For him who says plow it well, what does “one greets them” mean? “May you succeed.” For him who says may you succeed, what does “one greets them” mean? Jewish greeting, “Peace upon you.”

Explanation: Rabbi Ḥinena bar Pappa and Rabbi Samuel bar Naḥman passed by one of the plowmen in the Sabbatical. Rabbi Samuel bar Naḥman said to him, may you succeed. Rabbi Ḥinena bar Pappa said to him, did not Rabbi teach us: “The passers-by did not say, the blessing of the Eternal be on you,”Psalms 129:8 that it is forbidden to say “may you succeed” to one who plows in the Sabbatical. He told him, you know how to read but you do not know how to make a homily. “The passers-by did not say,” these are the nations of the world who pass out of the world, they did not say to Israel “the blessing of the Eternal is on you.” What does Israel say to them, “we bless you in the Name of the Eternal.” All blessings that come into the world because of us are not enough for you, you do not say, come and take from these blessings for yourselves, but you roll over us prorated contributions and fines, head taxes and annonae.

Mishnah

1 There are three territories regarding the Sabbatical. Every place held by the immigrants from Babylonia from Akhzib inside the Land of Israel cannot be eaten from or worked. Every place held by the immigrants from Egypt between Akhzib and the Euphrates and Amanus can be eaten from but not worked. From the Euphrates or Amanus to their side they can be eaten from and worked.

Halakhah

It is written: “These are the statutes and the rules of law which you will be required to follow in the Land.”Deuteronomy 12:1 In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land apply only in the Land, but we might think that obligations not depending on the Land also should apply only in the Land. The verse says “Guard yourselves, lest your heart be seduced ... And the Eternal’s rage be inflamed against you, etc. Put these words on your hearts, etc.”Deuteronomy 11:16–18 Even if you are exiled. “Put these words on your hearts and your persons.”Deuteronomy 11:18 You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

If so, they should have been freed once they were exiled. It is written: “All the congregation coming from captivity made Sukkot and sat in tabernacles ... something nobody had done since the days of Joshua son of Nun.”Nehemiah 8:17 Why Joshua? Rabbi Hillel, the son of Samuel ben Naḥmani: The verse damaged the reputation of the just person in his grave for the reputation of the just person in his time; it compares their coming in the days of Ezra to the coming in the days of Joshua. As at the coming in the days of Joshua they had been free and became obligated, also at the coming in the days of Ezra they had been free and became obligated. How did they become obligated? Rabbi Yose ben Ḥanina said, they became obligated by the words of the Torah; that is what is written: “The Eternal, your God, will bring you to the Land that your fathers had inherited and you will inherit it.”Deuteronomy 30:5 Just as the inheritance of your fathers was by the words of the Torah, so your inheritance is by the words of the Torah. “He will be good to you and give increase to you more than to your forefathers.” Your fathers had been free and became obligated, also you had been free and became obligated. On your fathers was no yoke of government, but you, even though the yoke of government is on you. Your fathers became obligated only after 14 years, seven they conquered and seven they distributed, but you became obligated immediately when you entered. Your fathers became obligated only after they had acquired all, you became obligated for every single piece at the moment you acquire it.

Rabbi Eleazar said, they accepted the tithes voluntarily. What is the reason? “In view of all this, we execute a contract and write, signed by our princes, Levites, and priests.”Nehemiah 9:38 How does Rabbi Eleazar uphold: “The firstborn of our cattle and flock”Nehemiah 10:36? Since they accepted upon themselves matters they were not obligated for, even matters they were obligated for are credited to them as if they were accepted voluntarily.

How does Rabbi Yose bar Ḥanina explain “In view of all this”? Since they accepted the obligations with good grace, the verse credits it to them as if they had accepted it voluntarily. How does Rabbi Eleazar explain “more than your forefathers”? He explains it for the future since Rabbi Ḥelbo, Simeon bar Abba said in the name of Rabbi Joḥanan: Your forefathers inherited the land of seven peoples, but you will in the future inherit the land of ten peoples. The three others are “the Kenites, the Kenizzites and the Kadmonites.”Genesis 15:19 Rabbi Judah said, these are Arabia, Salmaia and Nabataea. Rabbi Simeon says, Asia, Spain, and Damascus. Rabbi Eliezer ben Jacob says, Asia, Cartagena, and Thrace. Rabbi says, Edom, Moab, and the best of Ammon. “More than your forefathers”: Your forefathers, even though they were redeemed, were later subjugated again. But you when you are redeemed will not be subjugated again. What is the reason? “Inquire and see whether a male gives birth.”Jeremiah 30:6 Just as a male cannot give birth so you, after you are redeemed, will not be subjugated again.

If one walks from Acco to Akhzib, to one’s right-hand side and the East the road is pure regarding the land of Gentiles and is subject to tithes and the Sabbatical unless it was known to you to be exempt. To one’s left and the West, the road is impure regarding the land of Gentiles and is free from tithes and the Sabbatical unless it was known to you to be obligated, until one arrives at Akhzib; Rabbi Ishmael ben Rabbi Yose said in his father’s name, as far as Lablab. What is the status of Acco itself? Rabbi Aḥa bar Jacob in the name of Rabbi Immi: From two actions of Rabbi we learn that Acco is partly of the Land of Israel and partly outside the Land. Rabbi was in Acco when he saw them eating clean bread; he asked them, how did you wash the grains? They said to him, a student came here and instructed us that egg water is in order. They thought, we will cook eggs and wash with the cooking water because they thought he was talking about cooking water of eggs when he spoke only of egg fluid. Rabbi Jacob bar Idi said, at that moment they decreed that a student may not render decisions. Rabbi Ḥiyya in the name of Rabbi Ḥuna: If a student gives instructions even according to practice, his instructions are no instructions.

It was stated: A student who gave instructions about practice in front of his teacher has committed a deadly sin. It was stated in the name of Rabbi Eliezer: Nadab and Abihu died only because they determined practice in the presence of their teacher Moses. It happened that a student gave instructions about practice in front of his teacher Rabbi Eliezer. The latter said to his wife Imma Shalom: That one will not live out his week. The week was not completed when he died. His students said to him: Rabbi, you are a prophet. He said to them, “I am neither a prophet nor the disciple of a prophet,”Amos 7:14 but I have received a tradition that any student who gives instructions about practice in front of his teacher has committed a deadly sin. It was stated: A student is forbidden to give instructions about practice during the lifetime of his teacher unless he be at a distance of at least 12 mil from him, the breadth of the camp of Israel. What is the reason? “They encamped along the Jordan from Beth Jeshimoth to Abel Shittim”Numbers 33:49; how far is this? Twelve mil. Like this: Rabbi Tanḥum ben Ḥiyya was in Ḥefer; they asked him repeatedly and he gave instructions about practice. They said to him, did the rabbi not teach us that a student may not give instructions about practice during the lifetime of his teacher unless he be at a distance of at least 12 mil from him, the breadth of the camp of Israel; and your teacher Rabbi Mana sits at Sepphoris! He said to them, so it should come over me that I did not know! From that moment on he no longer gave instructions.

Rabbi was in Acco when he saw a man going up over the rock. He said to him, “are you not the son of the priest X, was your father not a priest?” He said to him, “the eyes of my father were high, but he married a woman unfit for him and profaned this man.”

The boundaries of the Land of Israel, the domain acquired by the returnees from Babylonia: The road-crossing of Ascalon, the wall of Straton’s Tower, Dor, the wall of Acco, the head of the waters of Gaaton, Gaaton itself, Kabarata and Bet Zenita, the castrum of Galilee, the waterholes of Aita, the best of Yorkata, the wall of Koraim, the corral of Yattir, the brook Beṣal, Bet Ayiṭ, Barshata, great Uleh, the water source of Iyun, the surroundings of Sepanḥah, the fortification of Bar Sangura, the upper cock of Caesarea, Bet Sabbal, Qanat, Reqam of Trachonitis, Zimra which borders on Bostra, Yabboq, Ḥesban, the brook Zered, Yegar Sahaduta, Nimrin, the salt flat of Raziza, Reqam of Geia, the gardens of Ascalon and the main road which leads to the desert.

Ascalon itself? Rabbi Jacob bar Aḥa in the name of Rabbi Zeira: Since we have stated “the gardens of Ascalon” it follows that Ascalon is outside. Rabbi Simon in the name of Hilfai: The House of Rabbi Ishmael ben Rabbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rabbi Phinehas ben Yair who said, we were descending to the Saracen market at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they voted to free it from tithes. Rabbi Ishmael ben Rabbi Yose removed his hand that was leaning on Ben Qappara. He said to him, my son, why did you not say to me: why did you remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah?

When is it impure because of territory of Gentiles? Rabbi Simeon said, if the decision stands for forty days. Rabbi Jeremiah said, did we not hold it by error? Certainly it is immediately impure because of territory of the Gentiles! Rabbi Mana said, did not Rabbi Jacob bar Aḥa say in the name of Rabbi Zeira: Since we have stated “the gardens of Ascalon” it follows that Ascalon is outside. Is it not forbidden to go to Tyre and is the one who buys there not obligated? They voted to exempt it from tithes that you should not say the same in this case.

Rabbi Simon and Rabbi Abbahu were sitting. He said, is it not written “Judah conquered Gaza and its territory”Judges 1:18? Include Gaza. “Ascalon and its territory,” include Ascalon. If so, what about the brook of Egypt? Include the brook of Egypt.

Rabbi Joshua ben Levi said it is written: “Jephthah fled because of his brothers and dwelled in the land Good,”Judges 11:3 that is Hippos. Why is it called “Good,” because it frees from tithes. Rabbi Immi asked: Are these not of the taxpayers? Rabbi Immi is of the opinion that taxpayers count as if they were conquered. For Rabbi Samuel bar Naḥman said, Joshua sent three orders to the Land of Israel before they entered the Land: Those who want to evacuate should evacuate, those who want to make peace should make peace, those who want to go to war should go to war. The Girgashites evacuated, believed in the Holy One, praised be He, and went to Africa. “Until I come and take you to a land like your Land,”2 Kings 18:32; Isaiah 36:17 that is Africa. The people of Gibeon made peace, “... that the inhabitants of Gibeon had made peace with Israel.”Joshua 10:1 Thirty-one kings went to war and fell.

Why did they make no decree about the direction of Gerar? Rabbi Simon in the name of Rabbi Joshua ben Levi: Because its oases are poor. How far? Rabbi Ḥanin in the name of Rabbi Samuel ben Rabbi Isaac: Up to the brook of Egypt. But is not the oasis of Gaza a good one? Pishpesha said before Rabbi Yose: I asked Rabbi Aḥa and he permitted.

Rabbi Zeira went to the hot springs of Pella and found himself outside of the “Babylonian date palms.” He sent to ask Rabbi Ḥiyya bar Abba; Rabbi Ḥiyya bar Abba asked the two sons of Rabbi Eviatar from Dama who said to him, priests are accustomed to go there. The priests asked Rabbi Joḥanan about that strip around Naveh. Rabbi Joḥanan said to them in the name of Rabbi Onias from Ḥauran: priests are accustomed to go there up to Edrei, and in the region of Bostra up to the orchard.

Rabbi Abbahu said: There are Samaritan places permitted since the days of Joshua son of Nun and they remain permitted. Rabbi Yose inquired: If that is so, priests should not worry about their ḥallah. But we see that rabbis worry! Rabbi Judah ben Pazi said, it is not because of what you said, but because it never was absolutely under government control.

Rabbi Yasa heard that his mother had come to Bostra. He went and asked Rabbi Joḥanan, may I leave? He said to him, if it is because of danger on the road, leave. If it is in order to honor father and mother, I do not know. Rabbi Samuel bar Rav Isaac said, Rabbi Joḥanan still needs to answer. He importuned him, so he said: If you decided to go, return in peace. Rabbi Eleazar heard this and said: there is no greater permission than that.

Rabbi Simeon ben Lakish asked Rabbi Ḥanina: What is the status of one who buys in Ammon and Moab? He said to him, I heard from the great Rabbi Ḥiyya only “outside the crossroads of Ascalon.” That is difficult, he asked him this and he answered that? But since Rabbi Ḥanina never said anything he had not heard and because he did not want to send him away empty-handed, Rabbi Simeon asked him one topic and Rabbi Ḥanina answered another.

Rabbi Simeon ben Lakish went to Bostra; they came to him and said to him: Select for us a man as preacher, judge, scribe, reader; one who will do everything we need. He selected a Babylonian and said to him, I have a good place for you. He went to Rabbi Joḥanan who said to him, from Babylonia to Babylonia. Rabbi Jacob bar Abba said, since Rabbi Joḥanan said from Babylonia to Babylonia, that means one who buys there is not obligated. But is it not forbidden to go to Tyre, and if one buys there is he not obligated? It was found stated: A sign for Ammon, Moab, and the Land of Egypt: There are two regions. From the first one eats and it may be worked, from the other one eats and it may not be worked. Rabbi Joḥanan wanted to refer to: “Bezer in the prairie.”Deuteronomy 4:43 He asked Rabbi Simeon ben Lakish: Is Bezer Bostra?

Rabbi Isaac bar Naḥman: Did not Rabbi Simeon ben Lakish ask Rabbi Ḥanina: What is the status of one who buys in Ammon and Moab? Rabbi Zeira said, I asked this question before Rabbi Assi: Are not Ammon and Moab from Moses? Rabbi Mana asked this question before Rabbi Ḥaggai: Are not Ammon and Moab from Moses? Ammon and Moab are not from Rabbi Eleazar ben Azariah! Rabbi Yose ben Rabbi Abun said, it is written: “For Heshbon is the city of Sihon, the king of the Amorites.”Numbers 21:26 Rabbi Simeon was not sure whether it was purified from the hand of Sihon and Og or not. If you say it was purified it is obligated, if you say it was not purified it is free. Rabbi Tanḥuma said: “Make profane for inheritance, to inherit his land.”Deuteronomy 2:31 I made his land profane before you.

Rabbi Ḥuna wanted to permit the Gebalitis. He came to Rabbi Mana and said to him: This is for you to sign. He did not agree to sign. The next day, Rabbi Ḥiyya bar Madia came to him and said, you did well that you did not sign, for your father, Rabbi Jonah, used to say that Antoninus gave there to Rabbi two thousand gifts for sharecropping. Therefore it may be eaten but not worked like Syria and is free from tithes since one deals with Gentile fields.

Rav Huna said: So is the Mishnah: “Between Akhzib and the Euphrates, between Akhzib and Amanus.” It was stated: What is the Land and what is outside the Land? From the slopes of Taurus Amanus inwards is the Land of Israel, from Taurus Amanus to the outside is outside the Land. About the islands in the sea, one looks at them as if a string were drawn from Taurus Amanus to the brook of Egypt; from the string to the inside is the Land of Israel, from the string to the outside is outside the Land. Rabbi Judah said, all that lies before the Land of Israel is like the Land of Israel since it is said: “The Eastern border shall be for you the Great Sea as border.”Numbers 34:6 Assuming that a string were drawn from Cephalaria to the Ocean, inside the string is the Land of Israel, outside is outside the Land.

Rabbi Justus bar Shunem said, when the people of the Diaspora arrive at Taurus Amanus they will sing. What is the reason? “Sing from the top of Amanah.”Song of Solomon 4:8

Mishnah

2 One works in Syria what is plucked but not what is standing. One threshes, winnows, treads, and makes sheaves, but one harvests neither grain, nor grapes or olives. Rabbi Akiva stated a rule: Everything that is permitted in the Land of Israel one does in Syria.

Halakhah

“One works in Syria what is plucked,” etc. Rabbi Abbahu said, so that they should not go and stay there permanently. Then why may he work what is plucked? Since he sees only small gain he will not leave.

Rabbi Yose ben Rabbi Abun asked before Rabbi Mana: May one mill with a Gentile in the Land? He said to him, the Mishnah tells us that it is forbidden, as it is stated: “One works in Syria what is plucked but not what is standing”; therefore in the Land it should be forbidden even when it was plucked.

At a place where one may eat but not work, may one rent out one’s animals there? Rabbi Levi from Sennabaris asked Rabbis Isaac and Immi and they forbade it. Rabbi Hoshaiah gave money to the Gentiles, not because it would have been forbidden but so as not to leave his animal alone with a Gentile.

What are we dealing with? If about produce of the sixth year held over to the Sabbatical, even in the Land it is permitted. If produce of the Sabbatical is held over to the year after the Sabbatical, one is permitted to plow but forbidden to harvest. But one deals with produce of the Sabbatical in the Sabbatical.

Rabbi Ḥuna went to Tyre and forbade them a kind of irrigation. Rabbi Yose heard this and said, this is correct, is this not about plants connected to the ground? But did we not state: “One irrigates a field in intensive agriculture both during the intermediate days of a holiday and during the Sabbatical year”? Rabbi Yudan said, only for the vegetables there. Rabbi Mana said, then it should also be permitted to plow for them!

Mishnah

3 Onions growing after it rained on them, if the leaves are black they are forbidden, becoming green they are permitted. Rabbi Ḥanina ben Antigonos says, if they cannot be drawn out by their leaves they are forbidden; in the same case in the year after the Sabbatical they are permitted.

Halakhah

So is the Mishnah: Black are forbidden, green are permitted.

Rabbi Yose in the name of Rabbi Joḥanan: An onion taken out of the ground and replanted once it darkened has to be tithed completely. Rabbi Ḥiyya in the name of Rabbi Joḥanan: An onion taken out of the ground and replanted once it developed new roots has to be tithed completely. There is no difference whether it was taken out in the Sabbatical year and replanted in the year after or was taken out in the Sabbatical year.

Rabbi Zeira said, once the new growth is the majority it is permitted; Rabbi Hila and Rabbi Immi both say it is forbidden. A baraita disagrees with Rabbi Hila and Rabbi Immi, as it was stated: “This is the rule Rabbi Simeon proclaimed in the name of Rabbi Joshua: For everything that may become permitted through some action, such as tevel, Second Tithe, donations to the Temple, and new grain, the Sages did not fix any limits, but a kind with its own is forbidden in the minutest amount, a kind with a different kind if it can be tasted. But for everything that cannot become permitted through any action, such as heave, ḥallah, and orlah, the Sages did fix as limit both a kind with itself or with a different kind if it can be tasted. They objected: but there is the Sabbatical that admits no act to permit it and the Sages did not fix a limit! He said to them, no. When you mention the Sabbatical, its produce is forbidden in the minutest amount only after it must be destroyed, but for food if it can be tasted.” What do they do with it? Rabbi Hila and Rabbi Immi explain it in mixtures, but as far as growing plants are concerned, this is more severe since Rabbi Zeira said in the name of Rabbi Jonathan: An onion of kilaim in a vineyard, taken out of the ground and replanted, stays forbidden even if it grows enormously because growth of something forbidden cannot neutralize the prohibition. A Mishnah disagrees with Rabbi Zeira as we have stated: “A growth from heave is heave but the growth from its growth is profane. But the growth from tevel, First Tithe, aftergrowth of the Sabbatical, heave of the tithe, dema‘, and First Fruits is profane.” We have stated on this: “When is this true? If the seed disappears. But if the seed does not disappear even growth from growth is forbidden.” How does Rabbi Zeira deal with this? He explains it that the sanctity of the Sabbatical applies when it must be destroyed, but for food once the new growth is the majority it is permitted.

Rabbi Abbahu went up to Arbel and was received by Abba bar Benjamin. They came and asked him about these onions; he taught them the statement of Rabbi Zeira “once the new growth is the majority it is permitted.” He saw them relying on him; then he said to them: I was referring only to those that are bent down. Rabbi Judah bar Pazi said, I know beginning and end; when he heard that Rabbi Hila and Rabbi Ammi disagreed, he shrank from it.

Mishnah

4 When may one buy vegetables in the year following the Sabbatical? After similar ones are ready. When the early ripe one is ready, the late is permitted. Rabbi permitted to buy vegetables immediately after the end of the Sabbatical. One does not export oil to be burned and produce of the Sabbatical from the Land to outside the Land. Rabbi said, I heard explicitly that one exports to Syria but not to outside the Land. One does not bring heave from outside the Land into the Land. Rabbi said, I heard explicitly that one may bring from Syria but not from outside the Land.

Halakhah

Originally, vegetable was forbidden at border settlements of the Land of Israel. They decreed that vegetable should be permitted at border settlements of the Land of Israel but it would still be forbidden to import vegetables from outside into the Land. Then they decreed that it was permitted to import vegetables from outside into the Land but it would still be forbidden to buy vegetables immediately after the end of the Sabbatical. Rabbi permitted to buy vegetables immediately after the end of the Sabbatical except for leeks. What did the Sepphorians do? They clothed one specimen in sack and ashes and brought it before Rabbi, saying what sin did this one commit among all vegetables? He permitted it to them.

Ulla bar Ishmael in the name of Rabbi Ḥanina: Rabbi and Rabbi Yose ben Rabbi Judah descended into Acco and were received by Rabbi Mana. Rabbi said to them, make us a dish of vegetables; he made him red meat. The next day, he said again make us a dish of vegetables; he made him chicken. Rabbi said, this one is recognizable as coming from the door of Samael. Rabbi Yose ben Rabbi Judah said to him, he is not even coming from the door of Samael. Why did he do this? Because he is a student from the students of Rabbi Judah, and Rabbi Judah said vegetables are forbidden in the border settlements of the Land of Israel. When he met him, he told him the facts. He said to him, you should have acted following us.

There, we have stated: “From vegetables,” he is permitted field vegetables because these have an additional name. We have stated on that: “He who makes a vow to abstain from vegetables in the Sabbatical is also forbidden field vegetables.” Rabbi Crispus stated the reason in the name of Rabbi Ḥananiah ben Gamliel: That means, as long as Rabbi did not permit to import vegetables into the Land. But since Rabbi permitted to import vegetables into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle. Rabbi Yose bar Ḥanina says, endives are important enough to become impure as food in the Seventh year. That means, as long as Rabbi did not permit. But since he permitted, there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle.

They wanted to say that there is no disagreement. It was found stated: Rabbi Judah said, up to Akhzib. Rabbi Simeon is saying, up to Amanus.

It was stated: “Produce of the Land that was exported is removed at its place, the words of Rabbi Simeon. Rabbi Simeon ben Eleazar says, one returns it to the Land and removes it, as it is written: ‘In your Land shall all its produce be food.’Leviticus 25:7 ” Rabbi Jacob bar Aḥa said, Rabbi Immi taught following the first Tanna for leniency. Rabbi Hila said, but he should not move it from place to place.

There, we have stated: “Ariston brought First Fruits from Apamea and they received them from him.” Why could he not bring heave? Rabbi Hoshaiah said, First Fruits are the responsibility of the owners, heave is not the responsibility of the owners. If you would say so, they would run after it there.

Mishnah

1 They established a comprehensive principle for the Sabbatical: Everything that is food for humans or animals or material for dye and cannot be preserved in the ground is subject to the Sabbatical and its proceeds are subject to the Sabbatical; it is subject to removal and its proceeds are subject to removal. What are these? This is the leaf of wild arum, mint, endives, leeks, purslane and milk bud. Animal feed, thistles and thorns. Dyestuffs, the wild growth of isatis and safflower. These are subject to the Sabbatical and their proceeds are subject to the Sabbatical; both they and their proceeds are subject to removal. They established another principle for the Sabbatical: Everything that is food for humans or animals or dyestuff and is preserved in the ground is subject to the Sabbatical; its proceeds are subject to the Sabbatical; it is not subject to removal nor are its proceeds subject to removal. What are these? These are the root of wild arum, the root of mint, ceterach, ḥalbiẓin, and wild nard. Kinds of dyestuffs: madder and campeachy-wood. These and their proceeds are subject to the Sabbatical; these and their proceeds are not subject to removal. Rabbi Meir says, their proceeds have to be removed before New Year’s Day. They said to him, they do not have to be removed, a fortiori their proceeds. Pomegranate skins and its peduncles, nut shells, and pits are subject to the Sabbatical and so are their proceeds. The dyer dyes for himself; he should not dye for payment because one does not treat the produce of the Sabbatical as merchandise, nor firstlings or heaves, carcasses, torn animals, abominations, and crawling things. One may not buy vegetables to sell them on the market but he may collect and his son sells for him. If he bought for himself and has leftovers, it is permitted to sell them. If somebody bought a firstborn animal for his son’s wedding or for a holiday and now does not need it, he may sell it. Catchers of wild animals, birds, or fish who accidentally caught impure species may sell them. Rabbi Judah says, even one who incidentally has such an opportunity may take and sell them on condition that this not be his profession, but the Sages prohibit it.

Halakhah

Does the sanctity of the Sabbatical fall on dyes for humans? Let us hear from the following: “For you,”Leviticus 25:6 all that is needed by you. We have stated on that: For example eating, drinking, anointing, and coloring. This excludes wound dressing which is only for the sick. This excludes olentia which are only for the malodorous. Rabbi Jonah asked: Why does one exclude wound dressing because the sanctity of the Sabbatical cannot fall on it? But did we not state: “Sanctity of the Sabbatical falls on din, sad, and indigo seed that one sows after the end of the Sabbatical.” What is that? “For you,” for all of you equally. Rabbi Yose in the name of Rabbi Hila understood it from the following: “Shall be,”Leviticus 25:7 even to kindle the light and to dye. Does this not destroy animal feed? Rabbi Mana said, explain it if animal feed is used for human needs and you cannot infer anything from it.

Does the sanctity of the Sabbatical fall on dyes for animals? Let us hear from the following: “Roots of rose, thornbush, and sumac have no sanctity of the Sabbatical.” Does the sanctity of the Sabbatical fall on cleansing materials? Let us hear from the following: Asphodel, potash, and aloe fall under the sanctity of the Sabbatical. Does the sanctity of the Sabbatical fall on perfumes? Let us hear from the following: Parḥalabin and laurel trees have no sanctity of the Sabbatical. The colleagues: This is by Rabbi Simeon, since Rabbi Simeon said: Balsamum has no sanctity of the Sabbatical since it is no fruit. Rabbi Samuel in the name of Rabbi Abbahu: Explain it according to everybody referring to jonquil. What about fuel, for example oakum?

About roses, three things were stated: Their leaves are subject to the Sabbatical and so are their proceeds; they are subject to removal and so are their proceeds. Their spine is subject to the Sabbatical and so are its proceeds; it is not subject to removal, neither are its proceeds. Its root is not subject to the Sabbatical nor are its proceeds; it is not subject to removal, neither are its proceeds. Rabbi Jeremiah asked before Rabbi Abbahu: May one make preserves from roses? He said to him, do they have any other use? Rabbi Ḥiyya stated that it is human food.

Rabbi Mana taught: orosatin is permitted, kitraton is permitted, myrsinaton is permitted, drmynwn is permitted, hydromyron is forbidden, diomelon is forbidden.

The Sepphorians asked Rabbi Immi: May one keep moist with thistles? He said to them, you say in the name of Rabbi Ḥanina, even leaves of artichokes are permitted. Rabbi Yoshaia said, this is to act on, you may rely on me. Rabbi Yoshaia said, the only food exclusively for animals is green grass; if it was bought to moisturize one may use it to keep moist.

It was stated: “Green grass and any other vegetables he took to moisturize may be used to moisturize. When he thought about them as human food it is forbidden to use them to moisturize.” Bar Qappara stated: One may use them to moisturize but he may not squeeze out from them because the holiness of the Sabbatical is on them. But there is no Sabbatical holiness on animal feed since you say one may use them to make wound dressing for humans. Rabbi Yose said, we understand that one may use them to make wound dressing for humans, and we understand that one may press them to prepare medication for humans.

There, we have stated: “Sprouts of new shoots, of nasturtium, and the leaves of wild arum cannot receive impurity of food until they become sweet.” Why? Because they are bitter. But are lupines not also bitter? It is different with lupines since they are human food from the start. It is different for these; we would not know that the sanctity of the Sabbatical would not fall on them unless they become sweet.

Did not Rabbi Yose ben Ḥanina say: Endives are important enough in the Sabbatical to become susceptible to impurity of food? The reason was spelled out: This is, before Rabbi permitted the importation of vegetables from outside the Land into the Land. But after Rabbi permitted the importation of vegetables from outside the Land into the Land, there is no difference between the Sabbatical and the other years of the sabbatical cycle. Then they should not be important unless somebody thinks about them! Do we find anything on which from the start the sanctity of the Sabbatical falls does not fall but in the end the sanctity of the Sabbatical does not fall may fall on them? They objected: “The sanctity of the Sabbatical does not fall on calamint, hyssop, and thyme if one collected them as wood. If he considered them as food, the sanctity of the Sabbatical falls on them.” Rabbi Ḥananiah said, if he collected them first as food, the sanctity of the Sabbatical falls on them immediately.

Calamint is ṣatra, hyssop is esoba, thyme is qornita. What are ḥalbiẓin? Eggs of milk bud.

“Rabbi Meir said to them: I am more restrictive with the proceeds than with the main produce. For one may light with Sabbatical oil but if one sold it and bought oil with it he may not light with it.” Rabbi Ammi in the name of Rabbi Joḥanan: If one exchanged oil for oil, both of them are forbidden. What can he do? Rabbi Ḥizqiah in the name of Rabbi Jeremiah: He barters both for profane oil. If he exchanged wine for oil; just as you say that he may not anoint with wine so he may not light with oil. If he exchanged leaves for sprouts, just as you say that leaves are subject to removal so sprouts are subject to removal. If he exchanged human food for animal feed, just as one may not make a wound dressing from human food so he may not make a wound dressing from animal feed. We also have stated: “One may sell human food and animal feed to buy human food with the proceeds, animal feed to buy animal feed and certainly human food to buy animal feed.”

The leaves removed from vegetables one puts on the roof and they dry up by themselves. Rabbi Joḥanan in the name of Rabbi Simeon ben Jehozadak: Wine until Passover, oil until Pentecost, dried figs until Purim. Rabbi Bibi in the name of Rabbi Ḥanina: Dates until Ḥanukkah.

Rabbi Joḥanan and his colleagues were sitting and discussed the problem whether these are subject to removal or not. Rabbi Yannai was passing by. They said, this is a man worth asking. They asked him and he said to them: Everything that normally falls from the tree is subject to removal, but what does not normally fall is free from removal. Which ones normally fall, or normally do not fall, the Tanna refrained from stating.

May one dye for goodwill? Since it was stated: “Milk thistle and ḥalbiẓin the trader prepares for himself,” that means that it is forbidden to dye for goodwill.

It is written: “They are impure for you.”Leviticus 11:28 Why does it say “they shall be impure for you”Leviticus 11:35? One is for the prohibition of eating, the other for the prohibition of usufruct. Anything forbidden by the Torah is forbidden for trade but everything whose prohibition is rabbinic is permitted for trade. But is there not the donkey? It is raised for work. Is there not the camel? It is raised for work. Rabbi Yehoshaiah traded in muries, Rabbi Ḥuna traded in asafoetida.

It was stated: “There should not be five people collecting and one selling for them, but one may sell his own and that of a colleague. 50 brothers may collect and one sells for them.” Rabbi Yose ben Rabbi Abun said, but only should they not have a store, that is, that he should not sell at the same place all year round; some say that he should not sell at all hours.

It was stated: “The store owner who was cooking vegetables during the Sabbatical should not compute his profit on the value of Sabbatical produce but rather compute it on wine, oil, and lost time.” Rabbi La commanded the makers of fried food: “Do not compute your gain on the oil but on the wheat.”

There, we have stated: “Rabbi Judah said, when is that? If he has no other, different profession. But if he has another, different profession it is permitted.” How is this implemented? If he was sitting idle all the years of the sabbatical cycle but when the Sabbatical began he became active and traded in forbidden produce, if he has another profession on the side he is acceptable, otherwise he is unacceptable. But if he was working in his profession all the years of the sabbatical cycle and when the Sabbatical began he became active and traded in forbidden produce, even if he has no other profession on the side he is permitted. Rabbi Abba bar Zavda, Rabbi Abbahu in the name of Rabbi Eleazar: Practice follows Rabbi Judah of our Mishnah. Rabbi Abba bar Zavda was publicly praised for presenting a tradition in the name of a younger person. It was stated: Rabbi Judah is restrictive. How is this implemented? If he was working in his profession all the years of the sabbatical cycles but when the Sabbatical began he became active and traded in forbidden produce, if he has another profession on the side he is permitted, otherwise he is forbidden. But if he was working in his profession all the years of the sabbatical cycles and when the Sabbatical began he became active and traded in forbidden produce, even if he has no other profession on the side he is forbidden. With this we are not concerned. Rabbi Abba bar Zavda, Rabbi Abbahu in the name of Rabbi Eleazar: Practice follows Rabbi Judah of our Mishnah. Rabbi Abba bar Zavda was publicly praised for presenting a tradition in the name of a younger person. Here also should it be so? Rabbi Yose ben Rabbi Abun said, there the government is not oppressive, here the government is oppressive.

Mishnah

2 Bundles of new sprouts and carobs are subject to the Sabbatical and so are their proceeds; they are subject to removal and so are their proceeds. Branches of terebinth, pistachio, and thornbushes are subject to the Sabbatical and so are their proceeds; they are not subject to removal nor are their proceeds. But the leaves are subject to removal since they fall from their stems. Roses, henna, balsamum, and chestnut are subject to the Sabbatical and so are their proceeds. Rabbi Simeon says, balsamum is not subject to the Sabbatical because it is not a fruit. If new roses were preserved in old oil, the roses should be taken out. Old in new are subject to removal. New carobs preserved in old wine and old ones in new are subject to removal. This is the principle: Anything that gives flavor to another kind is subject to removal, in its own kind in the minutest amount. The Sabbatical makes forbidden in the minutest amount in its own kind, and by giving taste in another kind.

Halakhah

At the beginning of the chapter you said that one does not eat because of the roots and here you say one does eat because of the roots? Rabbi Phinehas said, there they will not ultimately harden; here they will ultimately harden; after they hardened they become part of the stem.

It was stated: “And all those which remained from the sixth year into the Sabbatical belong to the sixth except for nasturtium which is like a vegetable.” Rabbi Abbahu in the name of Rabbi Joḥanan: There is no rule that “from the sixth year into the Sabbatical they belong to the sixth” but they belong to the Sabbatical. But did we not state: “Calamint, hyssop, and thyme he brought to the courtyard, but if it was from the second year into the third they belong to the third; from the sixth year into the Sabbatical they belong to the sixth”? Here, you count the past year, there the coming! Rabbi Yose said, in the third and sixth years, even though there is no second tithe, there are tithes; in the Sabbatical there is no tithe whatsoever. But did not Rabbi Abbahu say in the name of Rabbi Joḥanan: There is no “from the sixth year into the Sabbatical they belong to the sixth” but they belong to the Sabbatical? There it is in the possession of the landowners, here it is in the possession of the poor. He prefers one which is certain to two which are possible.

About leaves preserved with sprouts, some Tannaim state: both of them are subject to removal. Some Tannaim state: neither of them is subject to removal. Leaves are subject to removal, sprouts are not subject to removal. He who says both are not subject to removal is Rabbi Joshua; he who says leaves are subject to removal but sprouts are not subject to removal is Rabban Gamliel.

Rabbi Pedat, Rabbi Assi, in the name of Rabbi Joḥanan: Rabbi Simeon follows that of Rabbi Joshua, as we have stated there: “Rabbi Joshua said, I heard that making curds with the sap of leaves or roots is permitted, with the sap of unripe fruits it is forbidden because that is a fruit.” Rabbi Zeira said to Rabbi Pedat, since we say there that practice follows Rabbi Joshua, would you have to say here that practice follows Rabbi Simeon? Rabbi Jonah said, are the situations similar? It is the other way: Balsamum is essentially sap, a tree is essentially in its sap. The holiness of the Sabbatical falls on animal feed, but the holiness of orlah never falls on it. Rabbi Abun said, there is another one: Rabbi Joshua quoted it as a tradition, Rabbi Simeon said it in his own name.

Sap may be fruit, unripe fruits may be fruit. If you say that sap has the status of fruit, if he did it with heave it is forbidden. If you say that unripe fruits are fruit, if he did it with heave it is permitted. Why? Because usufruct of heave is permitted but usufruct of orlah is forbidden.

In the first case, you say “the roses should be taken out,” in the second case “all is subject to removal”? Rabbi Abbahu in the name of Rabbi Joḥanan: This is from two different Tannaim. Rabbi Yose said, I can explain those roses by two conditions: “If new roses are preserved in old oil,” Sabbatical roses preserved in oil of the sixth year; “old in new,” Sabbatical roses preserved in eighth year’s oil.

Mishnah

1 They established a comprehensive principle for the Sabbatical: Nothing that is exclusively food for humans may be used for a wound dressing for humans or, it goes without saying, for animals. Anything that is not exclusively food for humans may be used for a wound dressing for humans but not for animals. Anything that is not exclusively food, for humans or for animals, if intended as food for humans or animals one puts on it all restrictions regarding humans or animals; if intended as wood then it is wood. Examples are calamint, hyssop, and thyme.

Halakhah

“They established a comprehensive principle for the Sabbatical,” etc. Rabbi Abun bar Ḥiyya asked before Rabbi Zeira: Human and animal food is mentioned in the paragraph. What reason do you have to say that from human food one cannot make a wound dressing but from animal feed one may make a wound dressing? He said to him: “The Land’s Sabbath shall be for you as food,”Leviticus 25:6 an exclusion. It excludes human food that cannot be made into wound dressing. It also excludes animal feed! Rabbi Abun bar Ḥiyya said, any interpretation you give which contradicts the prior interpretation is not valid. Rabbi Yose did not say so, but: “The Land’s Sabbath shall be for you as food,”Leviticus 25:6 an exclusion, “for you, your slave, and your handmaid,” an exclusion after an exclusion, to add that human food cannot be made into wound dressing. He added animal feed! As Rabbi Abun bar Ḥiyya said, any interpretation you give which contradicts the prior interpretation is not valid. Rabbi Mattaniah said, when you did exclude, you excluded from human food; when you included, you included animal feed.

May one make dyes for humans from animal feed? Since one may make dyes for humans from human food even though one may not use human food for a wound dressing, one certainly may make dyes for humans from animal feed since one may use animal feed for a wound dressing. May one make dyes for humans from materials for wound dressings? Since one may make dyes for humans from human food even though one may not use human food for a wound dressing, one certainly may make dyes for humans from wound dressing materials since one may use wound dressing materials for a wound dressing. The only question is: May one make animal dyes from human food? Just as you say for human food that one may use it to make human dyes even though one may not use it for wound dressing, similarly animal feed, though one may not use it for animal wound dressing, should be usable for animal dyes. Rabbi Yose said, why may one make dyes from human food? Because human dyes have holiness. Should one be able to make animal dyes from animal feed when animal dyes have no holiness?

We understand “one puts on it all restrictions regarding humans and animals” that it is forbidden to boil them to a pulp. We have stated: If the seller sells as food and the buyer buys as wood, the latter is not determining. If the seller sells as food and the buyer buys as food and then thinks of them as wood, the latter is not determining. If the seller sells as wood and the buyer buys as food and then thinks of them as wood? What case are we dealing with? If he gave him the money and afterwards took it up, he paid for wood. If he took it up and afterwards gave him the money, he paid for food. We must hold that he gave him the money and afterwards took it up; this is the disagreement between Rabbi Joḥanan and Rabbi Simeon ben Lakish. According to Rabbi Joḥanan, who said that transfer of money does not mean acquisition by Torah law, he paid for food. According to Rabbi Simeon ben Lakish who said that transfer of money does mean acquisition by Torah law, he paid for wood.

If each one keeps to his word, it should be treated as follows: “If the seller sues the buyer one follows the buyer, if the buyer sues the seller, one follows the seller.” And here one follows the same rule.

Mishnah

2 Sabbatical produce is to be used for food, drink, and anointing; to eat everything commonly eaten, to anoint with what commonly is used for anointing. One should not anoint with wine or vinegar, but with olive oil. The same rules apply for heave and second tithe, except that the Sabbatical admits the additional leniency that its oil may be used for lighting.

Halakhah

What does “to eat everything commonly eaten” mean? “One does not oblige anybody to eat moldy bread, or discarded leaves of vegetables, or spoiled food.” On the other hand, if somebody wants to eat raw beets or chew raw wheat kernels one does not listen to him.What does “to drink everything one commonly drinks” mean? “One does not oblige anybody to drink oily fish sauce, or sour fish sauce, or wine with yeast. He who has a toothache should not sip vinegar and spit out but he may sip and swallow. He may dip his food in as much vinegar as he wants without second thoughts. He who has a throat ache should not gargle with oil but he may load fish sauce with oil and sip it.”

“One should not anoint with wine or vinegar, but with olive oil.” “If somebody has a headache or he has a scab, he may rub with oil but not with wine or vinegar.” One does not use Sabbatical oil as base for perfumes but one may buy sweet oil before the Sabbatical without worry. Rabbi Ammi thought, even from one who is suspect. Rabbi Assi told him, they said that only if one does not know whether he is suspect or not. But if it is clear that he is suspect, it is forbidden.

May one spice Sabbatical wine? Let us hear from the following: “The Sabbatical admits the additional leniency that its oil may be used for lighting”; that means it is permitted. But did we not state that it is forbidden? Rabbi Eleazar said, it is Rabbi Judah’s, since Rabbi Judah permits it because it enhances its value.

“The Sabbatical admits the additional leniency that its oil may be used for lighting”; that means it is permitted. May heave not be used for lighting? Impure heave may be used for lighting; even pure Sabbatical oil may be used for lighting. Rabbi Ḥizqiah went to the bath. He gave a flask to Zosimos the bath attendant; he said to him: bring that to the inner room for me. He said to him, is that not forbidden? He went to ask Rabbi Jeremiah. He said to him, he came and said to him, you yourself taught us, and we stated so: One does not rub in Sabbatical oil in the bathhouse but he may rub it in outside and enter.

And oil for burning neither in synagogues nor in houses of study because of degradation of sacred things.

Mishnah

3 Sabbatical produce should not be sold by measure, weight, or count. Figs may not be sold by count nor vegetables by weight. The House of Shammai say, not vegetables in bundles. But the House of Hillel say, anything usually stored in bundles in the house may be bundled on the market; for example leeks and milk bud.

Halakhah

Why? So it should be sold cheaply. Why could it not be cheaply sold by the pound? If you say so, he will not treat it as holy.

It was stated: “Produce from outside the Land that entered the Land should not be sold by measure, weight, or count, but only like produce of the Land.” If they are recognizable, it is permitted. Rabbi Yose ben Rabbi Abun said, for example qwrdqy’ brought up from Hippos and sold to Tiberias.

Rabbi Ḥizqiah in the name of Rabbi Abba bar Mamal: If somebody measures with a box in which he made a sign two or three times, he may no longer use it for measuring. Rabbi Hoshaiah said, it is forbidden to say, give me your finger’s length.

If a butcher who is a priest gets hold of a firstborn, may he cut it up into roasts and sell it on the market? Rabbi Jeremiah wanted to say it is permitted, analogous to “anything usually stored in bundles in the house may be bundled on the market.” Rabbi Mana said, that statement itself implies that it is forbidden, that he should not treat its body as merchandise.

Mishnah

4 If somebody says to a day laborer: “Here you have an as and collect vegetables for me today,” these wages are permitted. “For its value collect vegetables for me today,” these wages are forbidden. If somebody bought from the baker a loaf in the value of a dupondius and says, when I collect vegetables from the field I will bring to you, that is permitted. If he took from him silently he should not pay with the proceeds of Sabbatical produce since one may not pay a debt with proceeds of the Sabbatical.

Halakhah

What is the difference between him who says “collect for me” and him who says “for its value collect for me”? Rabbi Yose in the name of Rabbi Yose ben Ḥanina, this is one of the practices of obfuscation. There, we have stated: “One should not say to another person, bring these fruits to Jerusalem to distribute, but he should say: bring them that we should eat and drink them there.” What is the difference between him who says “to distribute” and him who says “bring them that we should eat and drink them in Jerusalem”? Rabbi Zeira in the name of Rabbi Jonathan, this is one of the practices of obfuscation. There, we have stated: “A person may borrow from another pitchers of wine or oil but he should not say: lend me.” What is the difference between him who says “let me borrow” and him who says “lend me”? Rabbi Zeira in the name of Rabbi Jonathan, this is one of the practices of obfuscation.

Their bread. Rabbi Jacob bar Aḥa in the name of Rabbi Jonathan: This also belongs to the practices of obfuscation. Rabbi Yose said, I objected before Rabbi Jacob bar Aḥa: Why should it belong to the practices of obfuscation? I say that at a place where no Jewish bread is available it is logical that Gentile bread should be permitted, but they obfuscated the matter and forbade it. Rabbi Mana said: Does there exist obfuscation for prohibition? Is bread not like Gentile cooking? So we say: At a place where no Jewish cooking is to be found it is logical that Gentile cooking should be permitted, but they obfuscated the matter and forbade it. But so it was: At a place where no Jewish bread is available it is logical that Gentile bread should be forbidden, but they obfuscated the matter and permitted it as a necessity of life. The rabbis of Caesarea in the name of Rabbi Jacob bar Aḥa hold with the one who permits, but only from a store. But one does not follow this.

Rabbi Simeon ben Lakish said, if he shows him the stump; then he pays him only the wages of his feet. Rabbi Joḥanan said, even if he did not show it to him it is as if he had. A baraita disagrees with Rabbi Simeon ben Lakish, as it was stated: “If somebody hires a worker to bring wine for a sick person, or an apple for a sick person, if he delivered it, he must pay, otherwise he does not have to pay. But if he said to him, wine for a sick person from place X, or an apple for a sick person from place X, he has to pay him whether he delivered or not because he pays him the wages of his feet.” What does Rabbi Simeon ben Lakish do with this? He explains that he showed him. A baraita disagrees with Rabbi Joḥanan, as it was stated: “Nobody should say to his neighbor, here you have a denar and bring me gleanings today, bring me peah today. But he may say to him, for gleanings you will bring today, for peah you will bring today. The same rules apply to a Levite.” Here, he did not show him; is it considered as if he showed him? What does Rabbi Joḥanan do with this? They were particularly lenient with the Sabbatical because it is rabbinic.

“If somebody bought from the baker a loaf in the value of a dupondius and says, when I collect vegetables from the field I will bring to you, that is permitted.” It was stated: “Rabbi Judah and Rabbi Neḥemiah forbid it.” What are we talking about? About one who says, give it to me and it is clear to me where to find it, I will bring it to you; Rabbi Judah and Rabbi Neḥemiah forbid it because vegetables on the field are rare; but the Sages permit it because vegetables on the field are abundant.

Mishnah

5 One gives neither to the water drawer, nor to the bath attendant, nor to the barber, nor to the ship owner, but one may give to drink to the water drawer. And to all of these one may give free gifts.

Halakhah

It was stated: “Rabbi Yose says, not even to the water drawer.” The opinions of Rabbi Yose are contradictory. There, he says: “One does not use them to buy water and salt,” and here he says so?

Rabbi Yose said, they disagree for general usage, but for drinking even Rabbi Yose would agree. Who is the Tanna of “but one may give to drink to the water drawer”? Rabbi Yose! Rabbi Yose said, it is the opinion of everybody; one statement refers to humans, the other to animals.

It was stated: “A water source belonging to the townspeople, between them and outsiders, they have precedence over outsiders. Between outsiders and their animals, the outsiders have precedence. Their washing and the lives of outsiders, their washing has precedence over the lives of outsiders.” Rabbi Joḥanan said, who is the Tanna who said that washing is a necessity for survival? Rabbi Yose! As it was stated: “One may use it neither for steeping nor for washing. But Rabbi Yose permits it for washing.” The opinions of Rabbi Yose are contradictory. There he says, washing oneself is not a necessity of life. And here, he says washing one’s garments is a necessity of life. Rabbi Mana said, a person might put off washing himself but nobody puts off washing his clothes.

Judah from Ḥuṣi hid himself in a cave for three days because he wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He came to Rabbi Yose bar Ḥalafta who asked him, where have you been? He said, I was hiding in a cave for three days because I wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He called his son Rabbi Vardimos and said to him, answer, what is the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He said to him: “These six cities shall be,”Numbers 35:15 each town will live, and only afterwards their surroundings around them. Rabbi Yose said to Judah from Ḥuṣi, what caused you this embarrassment? That you did not search with your companions!

Mishnah

6 One does not cut Sabbatical figs with the fig knife but he may cut with a dagger. One does not tread grapes in the wine press but he may tread in a trough. One does not work olives in the oil press and with a roller but he pounds them and puts them into a hand press. Rabbi Simeon says, one may grind them in the oil press house and put them into the hand press.

Halakhah

It is written “The aftergrowth of your harvest you should not reap.”Leviticus 25:5 That means, not in the way of reapers. Rabbi La said, if it cannot refer to forbidden aftergrowth, take it to refer to permitted aftergrowth. Rabbi Mana said, it is needed for itself when it grew by itself. You should not say that since it grew by itself it is permitted; therefore it was necessary to say that it is forbidden. “The aftergrowth of your harvest you should not reap and the grapes of your wild growth you should not process into wine.” You may not harvest grapes from what is being watched over on the land, but you may gather grapes from what is abandoned. “You should not process into wine,” not in the way of vintners. From here, they said that “one does not cut Sabbatical figs with the fig knife but he may cut with a dagger. One does not tread grapes in the wine press but he may tread in a trough. One does not work olives in the oil press and with a roller.” Our teachers permitted to use a roller.

Rabbi Joḥanan taught those of the House of Rabbi Yannai to grind in a mill following Rabbi Simeon, and to work with a roller, following the rabbis. Rabbi Joḥanan taught those of the House of Rabbi Yannai not to take the rent of their oil presses in wine but in money; he taught them following Rabbi Judah and Rabbi Neḥemiah.

It was stated: “The wages of donkey drivers, carriers, and all those working with Sabbatical produce are Sabbatical.” Rabbi Zeira said, this baraita deals with permitted produce. What is the meaning of “the wages are Sabbatical”? That they may take their wages in the form of Sabbatical produce. Then it must be that, when Rabbi Joḥanan taught those of the House of Rabbi Yannai not to take the wages of their oil presses in wine but in money, he taught them following Rabbi Judah and Rabbi Neḥemiah. Rabbi Hila: the baraita deals with those who carry forbidden produce. What is the meaning of “the wages are Sabbatical”? As Rabbi Abbahu, Rabbi Joḥanan said, they fined him with wine of libations; here also, they fined him.

Mishnah

7 One may not cook Sabbatical vegetables in heave oil because it should not be made unusable. Rabbi Simeon permits it. Always the last substitute is caught and the fruit remains forbidden.

Halakhah

There, we have stated: “The priests are permitted in all cases to change the preparation of the food, to eat it broiled, cooked a long time, or plain; to add profane and heave spices, the words of Rabbi Simeon. Rabbi Meir says, he should not add heave spices, to cause heave to become unusable.” It turns out that the anonymous statement here becomes the minority opinion there. Is the anonymous statement here the minority opinion there? But the anonymous statement here is the opinion of Rabbi Meir there and between Rabbi Meir and Rabbi Simeon, practice follows Rabbi Simeon. Rabbi Assi said, I asked those of the House of Rabbi Yannai and they said, we used to cook small portions and eat. How is that? Practice follows Rabbi Meir there for his is the anonymous opinion here.

“Always the last substitute is caught and the fruit remains forbidden.” How is this? If he took meat in exchange for Sabbatical fruits, both are subject to removal in the Sabbatical. If he exchanged the meat for fish, the meat is released and the fish are obligated. If he exchanged fish for oil, the fish are released and the oil enters into the obligation. Always the last substitute is obligated and the fruit remains forbidden.

They asked Rabbi Joḥanan: May Sabbatical produce become freed by redemption? He said to them, why not? Rabbi Eleazar said, Sabbatical produce cannot become freed by redemption, only by sale. A baraita supports one, a baraita supports the other. A baraita supports Rabbi Joḥanan: “Anybody who has money that is Sabbatical and he wants to redeem it by his dough may redeem it.” A baraita supports Rabbi Eleazar: “If somebody has a tetradrachma of Sabbatical money and he wants to buy a garment, he goes to the grocer he usually deals with and says to him, give me fruits for this. He gives them to him. Then he says, these fruits are given to you as a gift and the grocer says, this tetradrachma is given to you as a gift. Then he goes and buys himself a garment.”

Rabbi Joḥanan drank wine and then gave money. That goes for Rabbi Joḥanan who is trustworthy; what about other people who are not so trustworthy? Rabbi Jacob bar Aḥa in the name of Rabbi Avina: He shows him with one hand and takes with the other hand. Rabbi Ḥizqiah used to say, “give me for this before you.” Since he said, give me that before you, he is one who does not give Sabbatical money.

Mishnah

8 One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who had given birth from Sabbatical money. If he bought them, he has to eat their worth. One does not rub vessels with Sabbatical oil. If he did, he has to eat its worth. Leather oiled with Sabbatical oil, Rabbi Eliezer said, should be burned, but the Sages say, one has to eat its worth. They said before Rabbi Akiva: Rabbi Eliezer used to say that leather oiled with Sabbatical oil should be burned. He said to them: be silent! I will not tell you what Rabbi Eliezer said about this. They also said before him: Rabbi Eliezer used to say that one who eats Samaritan bread is like one who eats pork. He said to them: be silent! I will not tell you what Rabbi Eliezer said about this. One may bathe in a bathhouse heated with Sabbatical straw and chaff. If somebody considers himself an important person, he should not bathe there.

Halakhah

Rabbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. For if it is not so, what is the difference between one who acquires a wife and one who acquires a slave girl?

It was stated: One may not use Sabbatical oil to caulk an oven or a hearth; one does not use it to rub on shoes and sandals. Nobody should anoint his foot in a shoe or sandal but he may anoint his foot and step into his shoe or his sandal. One may anoint himself and roll on a tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it.

What does Rabbi Eliezer say about him who oiled leather? Rabbi Yose said, that man’s bones should be burned. Rabbi Ḥizqiah in the name of Rabbi Aḥa: It is permitted.

“They also said before him.” Rabbi Yose said, this implies that a fellow is forbidden to marry the daughter of an am haʾaretz. Rabbi Ḥizqiah in the name of Rabbi Aḥa: Rabbi Eliezer used to permit the leavened matter of a Samaritan immediately after Passover.

This means, in public baths, but in private ones it is forbidden.

“If somebody considers himself an important person, he should not bathe there.” If somebody is an important person, he should not bathe. For example, Rabbi Joshua ben Levi went from Lod to Bet Gubrin to bathe.

Rabbi Simeon ben Lakish was in Bostra. He saw them sprinkling at that Aphrodite. He said to them, is that not forbidden? He went to ask Rabbi Joḥanan. Rabbi Joḥanan told him in the name of Rabbi Simeon ben Jehozadak: Nothing public is forbidden.

Mishnah

1 Rue, wild amaranth, purslane, mountain coriander, river celery, and wild rocket are free from tithes and can be bought from everybody during the Sabbatical since no similar plants are guarded. Rabbi Judah says, spontaneous growth of mustard is permitted because the unobservant are not suspected in this respect. Rabbi Simeon says, all spontaneous growth is permitted except that of cabbage since nothing similar grows wild on the fields. But the Sages say, all spontaneous growth is forbidden.

Halakhah

“Rue, wild amaranth,” etc. Rabbi Ḥaggai said, the colleagues did not know what serugin and ḥalaglogot mean and “who is superior, in wisdom or in years.” They said, let us go and ask somebody from the house of Rabbi. They went to ask; a servant girl from the house of Rabbi came out and told them: enter in pairs. Each one said, that one should enter before me. As a result, they entered in separate groups. She said to them, why do you enter intermittently? One rabbi was carrying purslane in his overcoat; it fell from him. She said to him: Rabbi, rabbi, your purslane is dispersed.

What is “river celery”? Rabbi Yose bar Ḥanina said, petroselinon, “parsley.”

Why did we not state “calamint, hyssop, and thyme” with them? That you should not say, these if guarded in the courtyard are obligated, those if guarded in the courtyard are free. But these and those if guarded in the courtyard are obligated; these if guarded in the garden plot are obligated, those if they are guarded in the garden plot are free. But these and those if guarded in the garden plot are free! Why did we state only these? That you should not say that since most of these kinds come from forbidden growth they all should be forbidden; therefore it is necessary to say they are permitted.

Are these forbidden as spontaneous growth? Let us hear from the following: “Rabbi Judah says, spontaneous growth of mustard is permitted because the unobservant are not suspected concerning it.” They said only “because the unobservant are not suspected concerning it.” These, because the unobservant are not suspected concerning them, will be permitted.

So far its greens; its seeds? Is it impossible to say that if its seeds are permitted, its greens not so much more?

Rabbi Simeon ben Lakish was in Ḥiqoq. He saw them dealing with mustard plants. One of these fell down and a townsman did not take it up. Rabbi Simeon said, if somebody will bring a mustard plant to me I will rule following Rabbi Judah. Rabbi Abba bar Zavda said, Rabbi Onias from Hauran ruled in Bet Hauran following Rabbi Judah. Rabbi Joḥanan rose and publicly proclaimed following the rabbis here and there.

Rabbi Abba bar Zemina in the name of Rabbi Isaac: Because of these two things Rabbi Joḥanan descended from Sepphoris to Tiberias. He said, you brought this old judge who forbids what I permit and permits what I forbid! Rabbi Abba said, there came a case before Rabbi Assi and he wanted to act following Rabbi Joḥanan but when he heard that Rav and Rabbi Ḥanina disagreed he refrained. Because they disagree: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rabbi Ḥanina both say it is forbidden, but Rabbi Joḥanan says, it is permitted. Rabbi Judan said before Rabbi Mana, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the cases are identical.

They said in the name of four elders: If somebody’s eruv was eaten on the first day he is like the people of his town on the second day. Rav Huna in the name of Rav: Practice follows the four elders. Rav Ḥisda asked: The arguments of Rav seem to be inverted. There, he makes it two sanctities, but here he makes it one sanctity. Because they disagree: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rabbi Ḥanina both say it is forbidden, but Rabbi Joḥanan says it is permitted. Rabbi Mana said before Rabbi Judan, are the rules different for a wick and an egg? He said to him, since the rabbis compare it, it means that the cases are identical.

“Since nothing similar is growing wild on the fields.” And since nothing similar is growing wild on the fields should they be forbidden? Rabbi Ḥama bar Uqba in the name of Rabbi Yose bar Ḥanina said, because they usually grow layers. And because they usually grow layers should they be forbidden? Rabbi Samuel bar Rabbi Isaac said, for all other vegetables one can recognize whether they are new or old but here one should not go and bring from what is forbidden and say I brought from the layers.

“One does not oblige him to uproot arum in the Sabbatical but he leaves it in place and if it sprouted after the end of the Sabbatical it is permitted. One does not oblige him to uproot artichokes in the Sabbatical but he knocks off its leaves and if it sprouted after the end of the Sabbatical it is permitted.” Does he not waste animal food? Automatically they are lost.

Rabbi Simeon ben Yoḥai was traveling in the Sabbatical when he saw somebody collecting Sabbatical produce. He said to him, is this not forbidden, is that not spontaneous growth? He said to him, are not you the one who permits it? He said to him, are not my colleagues disagreeing with me? He read for him: “He who tears down a fence will be bitten by a snake.”Ecclesiastes 10:8 That is what happened to him.

Rabbi Simeon ben Yoḥai was hidden in a cave for thirteen years, in a carob cave, until his body was covered with rust. At the end of thirteen years he said, should I not go out and see what voice is in the world? He went and sat at the entrance to the cave. He saw a catcher out to catch birds spreading out his net. He heard a heavenly voice saying “acquitted,” and the bird was saved. He said, no bird will be adjudicated without Heaven, so much less a human. When he saw that words of intercession were given, he said, let us go down and warm ourselves in the public baths of Tiberias. He said, we need to do something like our forefathers: “He graced the entrance to the city,”Genesis 33:18 they were putting up duty-free shops and selling at wholesale prices. He said, let us purify Tiberias. He took lupines, cut them up and threw them down in irregular fashion. Where there was a corpse it was floating and came to the surface. A Samaritan saw him and said, should I not make fun of this old Jew? He took a corpse, went, and buried it at a purified place. He came to Rabbi Simeon bar Yoḥai and said to him, did you not purify place X? Come, and I will take out a corpse from there! Rabbi Simeon bar Yoḥai saw by the Holy Spirit that he had put it there. He said, I decree that the upper ones will go down and the lower ones come up. So it happened to him. When he passed by Magdala, he heard the voice of the scribe who said, so bar Yoḥai purifies Tiberias? He said, it should come upon me if I did not hear that Tiberias once will be purified. Even so, you did not believe me! Immediately he turned into a bone heap.

Mishnah

2 There are three regions for removals, Judea, Transjordan, and Galilee. Each of them has three subregions: Upper Galilee, Lower Galilee, and the Valley. From Kefar Ḥananiah upwards, everywhere no sycamores can grow, is Upper Galilee. From Kefar Ḥananiah downwards, everywhere sycamores do grow, is Lower Galilee. And the district of Tiberias and the Valley. In Judea the hills, the lowland, and the Southland. The lowlands of Lydda are like the Southern lowlands, its hills are like King’s Mountain. From Bet Ḥoron to the Sea is one domain. Why did they mention three regions? That in each one may eat until the last produce has vanished. Rabbi Simeon says, they mentioned three regions only for Judea; all other regions follow King’s Mountain. All regions are one for olives and dates.

Halakhah

“For your domesticated animals and the wildlife in your land, etc.”Leviticus 25:7 Any time a wild animal finds food on the field, your domesticated animal can eat from the house. If it is finished for wildlife on the field, it is finished for the domesticated animal from the house.

Rabbi Ḥama bar Uqba in the name of Rabbi Yose bar Ḥanina: They were of the opinion that mountain wildlife does not develop in the valley, nor does valley wildlife develop on the mountains. Diocletian oppressed the people of Paneias; they told him: we are leaving. A Sophist told him, they will not go, and if they go they will return. If you want to check, bring deer and send them to a distant land; in the end they will return to their places. He did so, brought deer, covered their antlers with silver, and sent them to Africa. At the end of thirteen years they returned to their places.

It was stated: “Rabban Simeon ben Gamliel says, a sign for mountains are ash trees, for valleys dates, for brooks reeds, for the lowland sycamores. Even if it is no proof, there is a sign: ‘Cedars Solomon gave as many as sycamores in the lowland.’1 Kings 10:27; 2 Chronicles 1:15; 9:27 ” Some people want to say it was said as a legal term, others say it refers to the calf whose neck is to be broken.

“What is the Valley in Galilee? For example, the valley of Genezareth and its companions,” and all similar ones. What is the Mountain in Judea? King’s Mountain. Its Lowlands are the Southern lowlands. Its Valley from En Gedi to Jericho. What is the Mountain in Transjordan? It was stated: “Rabbi Simeon ben Eleazar said, for example Mount Machaerus and Gadara and all similar ones. Its Lowlands, ‘Heshbon and all its towns in the plain, Dibon, Bamoth Baal, and Baal Meon’Joshua 13:17 and all similar ones. Its Valley ‘Bet Haran, Bet Nimra, Succoth, and Zaphon, the remainder of the kingdom of Sihon’Joshua 13:27 the Amorite king who ruled in Heshbon.” Bet Harim is Bet Ramata, Bet Nimra Bet Nimrin, Succoth Tarʿala, Zaphon Amato.

Is a depression in the mountains like the mountains, a hill in the lowlands like the lowlands? Since we stated: “Mountain and its mountain, Valley and its valley, Lowland and its lowlands,” that means that a depression in the mountains is like the mountains, a hill in the lowlands is like the lowlands. Rabbi Yose said, our Mishnah says so: “its hills are like King’s Mountain.”

“From Bet Ḥoron to the Sea is one domain.” Without regions? Rabbi Joḥanan said, still there is Mountain, Lowland, and Valley. From Bet Ḥoron to Emmaus it is Mountain, from Emmaus to Lydda Lowland, from Lydda to the Sea Valley. Then there should be four stated? They are adjacent.

It was stated: “There are not three regions in Syria.”

Come and see: Those in the valley of Judea cannot eat based on the mountains of Judea but in the valleys of Galilee they eat based on the mountains of Judea!

“All regions are one for olives and dates.” It was stated: “Also for carobs.” It was stated: “One eats dates until they disappear from Jericho, one eats olives until they disappear from Meron and Giscala.”

Mishnah

3 One eats based on what is abandoned but not on what is guarded. Rabbi Yose says, also on what is guarded. One eats because of swollen fruit and because of a second crop, but not on winter growth. Rabbi Judah permits it on condition that they brought first fruits before the end of the summer.

Halakhah

Our Mishnah follows Rabbi Simeon. It is written: “From the field you should eat its yield.”Leviticus 25:12 Any time you find food on the field, you can eat from the house. If it is finished on the field, it is finished in the house. What is the reason of Rabbi Simeon? You caused yourself not to eat.

Our Mishnah is Rabbi Yose’s since it is stated: “One does not eat because of swollen fruits in Acco. Rabbi Yose says, one eats because of swollen fruits in Acco.” Rabbi Yose said, we were of the opinion that Rabbi Yose and the rabbis disagree about winter fruits, therefore not about double yields. It was found stated: Rabbi Judah permits second crop on condition the tree produce first fruits before the end of summer.

Mishnah

4 He who preserves three kinds in one barrel, Rabbi Eliezer says one eats because of the first kind, but Rabbi Joshua says, even because of the last. Rabban Gamliel says, anything whose kind has disappeared from the fields must be removed from the house. Rabbi Simeon says, all vegetables are one kind for removal; one eats purslane until there are no more sindiot in the Bet Neṭofa valley.

Halakhah

What is the reason of Rabbi Eliezer? The first kind gives taste to the last. What is the reason of Rabbi Joshua? The last kind gives taste to the first. It is difficult for Rabbi Joshua, does not the first kind give taste to the last? “Rabban Gamliel says, anything whose kind has disappeared from the fields must be removed from the house.” It was stated: Practice follows his words.

Ḥizqiah said, once he started with his storage it is as if removed. A case came before Rabbi Assi and he instructed following Ḥizqiah, not that I am agreeing with him but since we see that the rabbis do act following him. Rabbi Isaac bar Redifah had a case, he came before Rabbi Jeremiah who said to him, there are lions before you, why do you ask foxes? He went and asked Rabbi Joshia who said to him, look for three people who love you and declare it abandoned before them. The Cappadocians of Sepphoris asked Rabbi Ammi: Since we have nobody who loves us or even greets us, what should we do? He said to them, when you see that the market is clear from steps, bring it out to the market, declare it abandoned, and acquire it again.

Rabbi Ḥaggai distributed it pitcher by pitcher. Rabbi Eleazar distributed it pitcher by pitcher. Rabbi Ḥizqiah came to Rabbi Jeremiah and said to him, let me acquire that storage. He said to him, bind these coins together; then he said to him, for these the place is rented to me. He said to him, did you not take it out? Go back and acquire it!

Mishnah

5 One may pluck green grasses until the colocynth dries up, and collect dry ones until the second rainfall, leaves of reeds and vines until they fall off from their stems, and collect dry ones until the second rainfall. But Rabbi Akiva says, all until the second rainfall. Similarly, if one rents out a house until the rains, that is until the second rainfall. If somebody makes a vow not to have any profit from another person until the rains, that is until the second rainfall. Until when may the poor enter orchards? Until the second rainfall. Until when may one use and burn Sabbatical straw and chaff? Until the second rainfall.

Halakhah

Rabbi Abin in the name of Rabbi Joḥanan: One does not have here leaves of reeds, only leaves of vines. Leaves of reeds do not have to be removed. We have stated thus: Leaves of reeds, sumac, and carob tree have no removal because their kinds never disappear.

Rabbi Zeira investigated: If somebody said “until the rain,” until the first rain?

There, we have stated: “If somebody says, I am taking upon me to offer logs, he should not bring less than two.” Rabbi Yose ben Rabbi Abun said, Rabbi Abba bar Mamal asked: If he said, I am taking upon me to offer a log, does he bring one log? Rabbi Eleazar said, a Mishnah says that each one is a separate sacrifice, as we have stated: “Two, holding in their hands two wooden logs.”

It was stated: Rabbi Yose says, everything that depends on fertility extends until the second rainfall, if it is not dependent on fertility, until the expected time of the second rainfall. It was stated: Rabban Simeon ben Gamliel says, if rains came for seven uninterrupted days, they include the second rainfall. Rabbi Ḥiyya stated in the name of Rabban Simeon ben Gamliel: Why is it called reviʿah? Because it fertilizes the land.

Rabbi Ḥanina said, when produce on the field starts to rot, that in the house is permitted. Rabbi Hoshaiah stated: Even after three years it is forbidden until it starts to rot.

One does not steep Sabbatical straw in mud. If one steeped it in mud it would lose its character, on condition that he kneaded it. One does not fill a pillow with Sabbatical straw. If he put it in a pillow it would lose its character, on condition that he slept on it.

Is Sabbatical straw forbidden as aftergrowth? Rabbi Levi from Sennabaris asked Rabbi Abba bar Zavda and he permitted it. Rabbi Zeira said, since I did not want to rely on myself I asked those from Beit Barsana and they said, we used to collect straw before the start of the Sabbatical and when we are running out, we bring it from the walls. Rabbi Jeremiah said, a baraita states that it is permitted, as it was stated: “Dyers and cattle feeders may buy coarse bran from everywhere without worry.” Rabbi Jeremiah wanted to say, even from one who is suspect. Rabbi Yose said to him, they said that only if he does not know whether he is suspect. Only if he might not be suspect; therefore if it is clear that he is suspect, it is forbidden. Rabbi Shammai said, a Mishnah says that it is forbidden, as we have stated there: “In matters of Sabbatical, kilaim in a vineyard, or dedicated things, if there is enough in both seed and wood to give taste.”

Does one not destroy animal feed? Explain it that animal feed is used for humans. Rabbi Mana said, explain it about the sanctity by removal of the Sabbatical, and it does not imply anything.

Mishnah

6 If somebody had Sabbatical produce when the time of removal came, he distributes food for three meals to everybody. The poor may eat after removal but not rich persons, the words of Rabbi Judah. Rabbi Yose says, both poor and rich persons may eat after removal. If somebody had Sabbatical produce which fell to him as inheritance or was given to him as a gift, Rabbi Eliezer says it should be given to those who eat it. But the Sages say, a sinner should not be rewarded, but it should be sold to those who eat it and the payment distributed to anybody. He who eats from Sabbatical dough of which ḥallah was not taken commits a deadly sin.

Halakhah

What is the reason of Rabbi Judah: “The destitute of your people should eat including the remainder.”Exodus 23:11 What is the reason of Rabbi Yose: “The destitute of your people should eat with the remainder.”Exodus 23:11 It was stated: Rabbi Simeon says, rich persons may eat from storage. What is the reason of Rabbi Simeon: “The destitute of your people should eat, and the remainder.”Exodus 23:11

Rabbi Simeon ben Lakish said, the Mishnah deals with unlawful produce. But was it not stated: He who finds unlawful produce may not touch it. There is a difference between a find and something that fell to him automatically.

Rabbi Joḥanan said, the Mishnah deals with permitted produce. For that we stated: Rabbi Eliezer said, it should be given to those who eat it. Since Rabbi Eliezer is a Shammaiite, did we state: One does eat Sabbatical produce in reciprocity and without reciprocity, following the House of Shammai? For that, the rabbis answer him that the sinner should not be rewarded? They answered him according to his argument: Against your argument, when you say that it should be given to those who eat it, a sinner should not be rewarded.

Rabbi Vivian said, Rabbi Assi instructed regarding qwndsy’ that their proceeds should be thrown into the Dead Sea. Rabbi Mana asked Rabbi Ḥizqiah, may one eat kafan-dates of Ascalon? He said, it is forbidden. Rabbi Ḥizqiah stood in the marketplace of Caesarea when he saw a person carrying forbidden produce. He turned away his face in order not to see him and stated: take down! Why all that? That his place should be one of rebuke. Rabbi Jacob bar Aḥa heard and said, the mother of this one gave birth to a son!

Rabbi Joshua ben Levi commanded his student: Do not buy me vegetables except from Sisera’s garden. He, may he be remembered for the good, stood nearby and said to him: Go tell your teacher that this is not Sisera’s garden; it did belong to a Jew but he killed him and took it away from him. If you want to be restrictive for yourself, be made equal to your friend.

A man was suspected of trading in Sabbatical produce. He said to his wife, take ḥallah. She said to him, that man is suspected of Sabbatical trading, and you say, take ḥallah? He said to her, ḥallah is an obligation from the Torah, the Sabbatical is from Rabban Gamliel and his colleagues.

Mishnah

1 The Sabbatical remits any loan, with or without a document. Store credit is not remitted; if it is transformed into a loan it is remitted. Rabbi Judah says, any preceding one is remitted. Wages of a hired hand are not remitted; if they are transformed into a loan they are remitted; Rabbi Yose says, for any work that stops in the Sabbatical they are remitted; if it does not stop they are not remitted. If somebody slaughters a cow and divides it up on New Year’s Day, if the month was long it is subject to remission, otherwise it is not subject to remission. The rapist, the seducer, the slanderer, and all court documents are not subject to remission. If somebody gives loans on pledge, or deposits his documents with the court, they are not subject to remission.

Halakhah

“The Sabbatical remits any loan, etc.” We can understand if it is without a document. With a document it should be treated similar to a loan on a pledge and not be remitted. Rabbi Joḥanan said, explain it for a document from which alienation of property is missing, following Rabbi Meir. A case came before Rabbi Joḥanan of a document without alienation of property and he instructed that it was remitted. Because we are interpreting the Mishnah, should we act on this?

Rabbi Jeremiah said, it is only if he has no real estate. Hence, if he has real estate it is not remitted. Rabbi Yose said, even if he has real estate it is remitted. Rabbi Yose parallels Rav, since Rabbi Abba said in the name of Rav if he singled out real estate it is remitted. They said only “if he singled out”; therefore, if he did not single out it is not remitted.

“If somebody established a lien on a field for his wife but then went and sold it, if she wishes she collects from this field or she collects from any other property.” Rabbi Hila said, Rabbi Eleazar instructed following this baraita. The colleagues asked: Should she not collect only from the properties that are under the lien? Rabbi Yose said to them, there are unencumbered properties and you say, those under the lien? The baraita applies if he did not say you will be paid only from this. But when he said, you will be paid only from this, she may collect only from this.

If somebody established a lien for another person on his field and then went and sold it; Rabbi Aḥa said, it is temporarily sold. Rabbi Yose said, even temporarily it is not sold. The strength of Rabbi Yose is from the following: He may induce his ox to flee; he cannot induce his field to flee. Think about it, if the field was sold to a violent person! Rabbi Yudan, the father of Rabbi Mattaniah, said: Violent persons are apt to fall.

It was stated: “If somebody mortgages a field to a woman for her ketubah or a creditor for his claim and then sells it, that is sold and the buyer should beware for himself.” This baraita if he said to her: you should be paid from this. They disagree if he says, you should only be paid from this.

Rav said, if she compromised her ketubah, even if she did not extend credit, if she extended credit even though she did not compromise. Rabbi Ḥiyya stated: Unless she would compromise it and extend credit.

Because he extends him credit a second time, is the first turned into a loan? Rabbi Eleazar said, this follows Rabbi Judah. But can he require payment on New Year’s Day? Rabbi Abba in the name of Rabbi Zeira: About money for which he can believe him. And since he could ask him for payment, he should be able to give him money. And here, because he should have been able to give him money and he did not give, the first debt is turned into a loan.

Rabbi Joḥanan says, for plowing. Rabbi Simeon ben Lakish said, for building. In the opinion of Rabbi Joḥanan, any work that stops because of the Sabbatical. In the opinion of Rabbi Simeon ben Lakish, any work that stops in any way. Does Rabbi Yose hold with Rabbi Judah; does not Rabbi Yose say, for any work that stops in the Sabbatical they are remitted, if it does not stop they are not remitted? But Rabbi Yose does not hold with Rabbi Judah; while “Rabbi Judah says that it is not the way of a banker to give an as unless he has received a denar,” he agrees that the wages of the hired man are due only at the end.

Rabbi says, Nisan never was lengthened. But did we not state: “If the New Moon appeared in time”? If it would appear, it did not appear. Rav said, Tishri was never lengthened. But did we not state: “If the month was long”? If it would be, it never was.

“When they sanctified the year at Usha, on the first day Rabbi Ishmael, the son of Rabbi Joḥanan ben Baroqa led and recited following the opinion of Rabbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rabbi Ḥananiah, the son of Rabbi Yose the Galilean led and recited following the opinion of Rabbi Akiva. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rabbi Zeira in the name of Rav Ḥisda: That year was disorganized. What is “the first, the second”? Rabbi Abun in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

If they sanctified it before its time or after its lengthening, should I assume it was lengthened? The verse says “them,”Leviticus 23:2 you, “these are My holidays.” Before its time is not “My holidays.” Before its time, the 29th day, after its lengthening, the 32nd day. From where do we know that one intercalates the year because of the men of the diaspora that set out but did not yet arrive? The verse says, “the Children of Israel, my holidays.”Leviticus 23:2 Make the holidays so they can be observed by all of Israel. Rabbi Samuel bar Naḥman said, only if they had reached the river Euphrates.

Rabbi Jacob bar Aḥa, Rabbi Ammi, in the name of Rabbi Judah bar Pazi: If they sanctified it and afterwards the witnesses turned out to be perjured, it still is sanctified. Rabbi Assi stayed with Rabbi Judah bar Pazi and asked him: Did you hear this from your father? He said, yes. Rabbi Abba said in the name of Rabbi Joḥanan: One does not cross-examine the witnesses of the New Moon.

Rabbi Eleazar said, this follows Rabbi Judah since he could ask him for payment on New Year’s Day. Rabbi Abba bar Mamal, Rav Amram, Rav Mattanah in the name of Rav: If somebody makes a loan to another person stipulating that he will not press for repayment, the Sabbatical will remit it. We did state: “If somebody slaughters a cow and divides it up on New Year’s Day,” and Rabbi Eleazar said, this follows Rabbi Judah. But can he require payment on New Year’s Day? As Rabbi Abba said in the name of Rabbi Zeira: Since he could ask him for payment, he can believe him. And since he could believe him, he could pay him. And here, because he could have given him but did not give, the first debt is turned into a loan.

Rabbi Yose ben Rabbi Abun in the name of Rav: If somebody gives a loan to a person on condition that the Sabbatical not remit it, the Sabbatical does not remit, as we have stated: “Whether he gives it after thirty days or after ten years.” Are there ten years without a Sabbatical? Rav Huna said, Rav Naḥman bar Jacob and Rav Sheshet disagreed. One of them said, if the loan was given on a pledge, but the other said, if he writes him a prozbol.

It was stated: “For thirty days he will not come.” What does “for thirty days he will not come” mean? Samuel said, if somebody gives a loan to a person without specifying details, he has no right to ask for payment until after 30 days. Rav Judah came and explained: “The Sabbatical year, the remitting year, is close.”Deuteronomy 15:9 Is not the Sabbatical year the remitting year? Why does the verse say: “The Sabbatical year, the remitting year, is close”? That you should not say, I am not permitted to ask for payment until after 30 days; after 30 days the debt will be remitted and I will not collect; therefore, it must say that “the Sabbatical year, the remitting year, is close.” Did not Rabbi Abba bar Mamal, Rav Amram, Rav Mattanah say in the name of Rav: If somebody makes a loan to another person stipulating that he will not press for repayment, the Sabbatical will remit it? It was found stated in the name of Rabbi Ishmael: “The Sabbatical year, the remitting year, is close.”Deuteronomy 15:9 Is not the Sabbatical year the remitting year? Why does it have to say, “the Sabbatical year, the remitting year, is close”? That you should not say, all six years long his field is before me, his vineyard is before me, but after six years the debt is remitted and I cannot collect; therefore, it has to say “the Sabbatical year, the remitting year, is close.”

“The rapist, the seducer, the slanderer.” Rav Judah said, Rav said: This follows Rabbi Meir, since Rabbi Meir said, it depends on the one extending credit.

“And all court judgments,” these are court decisions.

This is obvious: A loan that is disputed is not remitted. A loan that was disputed but is now a confirmed loan, is remitted. Rabbi Jeremiah asked: Is this also true for judgments? It is not necessary to say that a loan that was disputed can be collected. A disputed loan turned into a confirmed loan is collected from property of average quality.

“If somebody makes a loan on a pledge,” Samuel says, even on a needle. “What you have on your brother you shall release;”Deuteronomy 15:3 that excludes your brother’s property in your hand. “What you have on your brother you shall release,” which excludes one who hands over his documents to the court.

Mishnah

2 A prozbol does not remit. This is one of the ordinances of Hillel the elder. When he saw that the people refrained from giving loans to one another and transgressed what is written in the Torah, as it is said: “Guard yourself, lest there be in your heart an unworthy thought saying, etc.,”Deuteronomy 15:9 he instituted the prozbol. This is the essence of prozbol: I declare before you, judges X and Y at place Z, that I will collect any debt due me any time I wish. The judges sign at the bottom or the witnesses.

Halakhah

From here they supported the notion that prozbol is from the Torah. But is prozbol from the Torah? When Hillel instituted it, they supported it from words of the Torah.

Rabbi Ḥuna said, I asked before Rabbi Jacob ben Aḥa: Following him who says tithes are from their words, it is understandable that Hillel instituted prozbol. But following him who says tithes are from the Torah, does Hillel institute anything against the words of the Torah? Rabbi Yose said, from the moment that Israel was exiled to Babylonia, did they not become free from all commandments connected with the Land, but the remission of debts applies both in the Land and outside the Land from the words of the Torah because it is an obligation of the person? Rabbi Yose turned and said, “this is the word of the abandonment, remit”Deuteronomy 15:2 as long as abandonment is followed as a word of the Torah, remission of debts applies both in the Land and outside the Land from the words of the Torah, but when abandonment is followed as their word, remission of debts applies both in the Land and outside the Land from their word. There, they say that even one who holds that tithes are from the Torah will hold that the Sabbatical is from their word. As we have stated: “this is the word of the remission, remit!”Deuteronomy 15:2 Rabbi says, these two remissions are the Sabbatical and the Jubilee. As long as the Jubilee is operative, the Sabbatical is from words of the Torah. If the Jubilees are abolished, the Sabbatical is operative from their words. When were the Jubilees abolished? “All its inhabitants.”Leviticus 25:10 In the time when its inhabitants lived on it, not when they went into exile. If they lived on it but intermingled, the tribe of Judah in Benjamin, and the tribe of Benjamin in Judah, I could think that the Jubilee is operative. The verse mentions its inhabitants, “All its inhabitants;” you find that when the tribes of Reuben, Gad, and half the tribe of Manasseh went into exile, the Jubilees were disestablished.

Rabbi Ḥizqiah in the name of Rabbi Jeremiah: Even if they are in Rome.

Rabbi Abba in the name of the rabbis there: If three sat in judgment and one of them died, two sign and note: Even though we are two who sign, we were three in judging. Rabbi Ḥaggai said, our Mishnah implies this: “The judges sign at the bottom or the witnesses.” Does one learn court documents from prozbol? It was found stated: This about court documents was learned from the rules of prozbol.

If he has no real estate but his debtors have real estate, one writes a prozbol for him. How is that done? Reuben owes Simeon and Levi owes Reuben. Reuben has no real estate, Levi has real estate. One writes for Simeon on the properties of Levi.

Mishnah

3 A predated prozbol is valid, postdated it is invalid. Predated documents of indebtedness are invalid, postdated they are valid. If one person borrows from five, one writes a prozbol for each single creditor. If five persons borrow from one, he writes only one prozbol for all of them. One writes prozbol only on the basis of real estate. If he has none, the other party gives him the right to a minute area of their field. If he had a field mortgaged in town, one writes a prozbol on it. Rabbi Ḥuẓpit says, one writes for a man on his wife’s properties and for orphans on those of the guardians. A beehive. Rabbi Eliezer says, it is like real estate: one may write a prozbol on it, it is not subject to impurity in its place, and somebody who takes honey from it on the Sabbath is guilty. But the Sages say, it is not like real estate, one may not write a prozbol on it, it is subject to impurity in its place, and somebody who takes honey from it on the Sabbath is not liable. If somebody returns a debt in the Sabbatical, the lender says to him: “I am remitting.” If the borrower says “anyway,” the lender should accept it, for it is said: “This is the word of remission.”Deuteronomy 15:2 Similarly, a homicide exiled to a city of refuge whom the citizens of the town wanted to honor, should say to them: I am a homicide. If they tell him, anyway, he should accept it, for it is said: “This is the word of a homicide.”Deuteronomy 19:4

Halakhah

“A predated prozbol is valid” because he diminishes its power, but “postdated it is invalid” because he increases its power. “Predated documents of indebtedness are invalid” because he increases their power, but “postdated they are valid” because he diminishes their power.

Who notifies? Simeon bar Abba in the name of Rabbi Joḥanan: the signatories of the document. But did not Rabbi Simeon ben Lakish say, they treated the statement of the signatories of a document as if their testimony had been cross-examined by the court? There, it is about those who would say: We did not sign at all. But here they say, on this we signed, on that we did not sign.

Rabbi Joḥanan said, they are really invalid. Rabbi Simeon ben Lakish said, he only counts from the time of writing. But did we not state: “A prozbol is valid, whether predated or postdated, but it only counts from the time of writing”? If you assert this for financial documents, what is the difference between a prozbol and a financial document?

“A document dated on a Sabbath or on the Tenth of Tishri, Rabbi Judah declares it valid and Rabbi Yose invalid. Rabbi Judah said to him, a case came before you in Sepphoris and you declared it valid. He said to him, I did not declare it valid, but if I did it, I did it.” They wanted to say that he who holds it invalid does so because it might be later, and he who holds it valid does so because it might be earlier; but he who holds it invalid does so because it might be forged.

Rav said, only if both lender and borrower have real estate. But Rabbi Joḥanan says, if the creditor does but not the borrower, or the borrower but not the lender. If he has no real estate but one who owes him has real estate then one writes him a prozbol. Rabbi Abba in the name of Rav: Even if he has only one stalk in a field, one writes him a prozbol. But did we not state: Partners, sharecroppers, and guardians have no prozbol? They say, there each single stalk is property of the partnership but here it is his.

May one write for a guardian based on the orphans’ real estate? Let us hear it from the following: “One writes for a husband on his wife’s properties.” May one write for a woman on her husband’s properties? Let us hear it from the following: “And for orphans on those of the guardians.”

Rabbi Abbahu in the name of Rabbi Simeon ben Lakish: The reason of Rabbi Eliezer: “The people came to the forest and behold, there was a flow of honey.”1 Samuel 14:26 What do you understand from this? Rabbi Mana said, the thicket produced honey. If he had said from: “He dipped it into the forest of honey,”1 Samuel 14:27 it would have been better. Rabbi Yose ben Rabbi Abun said in the name of Rabbi Simeon ben Lakish: He really understood it from: “He dipped it into the forest of honey.”1 Samuel 14:27

What case are we dealing with? If it is connected to the ground, everybody agrees that it belongs to the ground. If it is on two bars, everybody agrees that it is not like ground. But the case is where it rests on the ground. It compares to what Rabbi Zeira said in the name of Rabbi Jeremiah: One writes a prozbol on the space for an oven, also on the space for a hearth. Rabbi Ḥiyya bar Ada said, also on the space for a lamp.

Is it also the same for the space for bread, is that the disagreement between Rabbi Eliezer and the Sages? Honey is a product of the beehive, bread is not a product of the oven.

If somebody repays a debt in the Sabbatical even though the lender says to him: “I am remitting,” the Sages are pleased with him. Rav Huna said, he says it in a soft voice and his right hand is stretched out to receive.

Rabbi Yose said, this means that if a person who knows one collection goes to a place and they honor him for two, he has to tell them: “I know one collection.”

Mishnah

4 If somebody repays a debt in the Sabbatical, the Sages are pleased with him. If somebody borrows from a convert whose sons converted with him, he does not have to repay the sons but if he repaid, the Sages are pleased with him. Movables are acquired only by being drawn close, but the Sages are pleased with everybody who keeps his word.

Halakhah

Rabbi Eleazar said, only to his sons. Rabbi Yose asked, what does “only to his sons” mean? If he has sons, one should return it to his sons. If he has no sons, one should return it to his daughters. That you should not say, since the inheritance of the convert is not settled in the Torah, he should return it to the children. Similarly, if somebody died who was the last of his family and he has no heir except his mother one does not have to repay, but if the debtor repaid the Sages are pleased with him.

The robber who repents and wants to return what he robbed, if somebody accepts it from him, the Sages are displeased with him.

Rabbi Ḥiyya in the name of Rabbi Joḥanan: If somebody trades in promises, there you say the Sages are displeased with him. But sometimes you say only that one gives him up to “Him who made pay.”

Rabbi Zeira, Rabbi Abbahu in the name of Rabbi Joḥanan: He who gives a ring as surety and wants to get out of the deal, may get out of the deal. Rabbi Zeira asked before Rabbi Abbahu: A gold coin? He said to him, a ring. What is the difference between a gold coin and a ring? Gold coins are exchanged, a ring remains as it is.

Rabbi Jacob bar Zavdi, Rabbi Abbahu in the name of Rabbi Joḥanan: If somebody wanted to change his mind after he had promised a gift to another person, he may change his mind. Rabbi Yose was with Rabbi Jacob bar Zavdi; he said to him: Is that just no “and just yes?”Leviticus 19:36 He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay.” The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.