Babylonian Talmud

Rodkinson 1918 — source 2, scan section 71

commence taking from a heap of straw on a festival for use as fuel, but not from wood designated for another purpose. " This is also taught abstractly (and is certainly contrary to the opinion of R. Simeon). This above teaching refers to cedar beams in- tended for building purposes, and being very expensive should not be used as fuel, even according to R. Simeon. Come and hear (another objection based upon another ab- stract Mishna): "It is not permitted to water or to slaughter animals living in their wild natural state, but it is allowed as re- gards domestic animals." (This is also contrary to R. Simeon?) 376 THE BABYLONIAN TALMUD. R. Johanan, however, found an abstract Mishna that was in accord with R. Simeon ; viz. : That Mishna concerning bones and husks which may be removed from the table (page 326), and R. Johanan holds as R. Na'hman (did later), that all decisions rendered by the school of Shamai are in accordance with the opinion of R. Jehudah, while those rendered by the school of Hillel agree with those of R. Simeon. It is related of R. A'ha and Rabhina, that one said that all laws pertaining to Sabbath remain as decreed by R. Simeon, with the exception of one thing, that had been set aside on ac- count of causing disgust, namely, an old candlestick that had become soiled with the dripping tallow ; and the other said, that even in this instance the Halakha prevails according to R. Sim- eon, but the one thing that does not remain as decreed by R. Simeon is the case of a candlestick which had been used on the same Sabbath. (Both admit, however,) that as for the theory of designation where expensive articles are concerned, R. Sim- eon accepts it in that case, and declares, that they may not be used on Sabbath, as we have learned in a Mishna (page 268) con- cerning the large wood-saw and the ploughshare, which, accord- ing to R. Simeon, also must not be handled, because they are expensive (and being used only by mechanics should not be han- dled by others). MISHNA : A man may annul vows (of his wife or daughter) * on the Sabbath, and consult (a sage) as to vows (relating to ob- jects) required for the Sabbath. Window-light may be shut out by blinds; a piece of stuff may be measured, and also a Mikvah (plunge-bath), to ascertain whether it be of legal size. It hap- pened in the days of R. Zadock's father, and in the days of Abba Saul ben Botnith, that they closed a window with an earthen jar, and then tied another vessel to a pole with papyrus, in order to ascertain whether, in a covered vessel, there was an opening one span high or not. From them we learn, that (in certain cases) it may be permitted to close, to measure, and to tie on the Sabbath. GEMARA: The schoolmen propounded a question: Does the term, " required for the Sabbath," in connection with vows, apply to both clauses of that sentence; and if it does not, neither may be done on the Sabbath, whence we shall learn, that the time in which a man may annul the vow of his wife * See Numbers xxx. 2. TRACT SABBATH. 377 or daughter does not expire with the day, but continues for twenty-four hours; because, if the vows do not relate to the Sabbath and neither of the above two clauses may be executed, the man can annul the vow at night after the Sabbath; or shall we say that the term, " required for the Sabbath," applies only to the latter clause, that of consulting as to vows, and not to the first clause, that of annulling the vow, which would estab- lish the fact that the time for annulment expires with the day and does not continue for twenty-four hours ? Come and hear: R. Zoti, one of the disciples of R. Papi, taught, that only such vows as relate to the Sabbath may be annulled on the Sab- bath ; thence we may learn, that the time for annulment of vows does not expire for twenty-four hours ? Said R. Ashi : " Did we not learn (in a Mishna of Tract Nedarim), that the time for annulment of vows continues for one day only ? " Con- cerning this, there is a difference of opinion among the Tanaim (as will be explained in Tract Nedarim). " And consult as to vows,'' etc. The schoolmen propounded a question : " Does this mean to say, that the man had not time before Sabbath {i.e., that he made the vow on the Sabbath), or even if he had time before Sabbath, but wishes to be released from his vow at once ? " Come and hear: The rabbis complied with the wish of R. Zutra the son of R. Zera, and released him from his vow on a Sabbath, although he had plenty of time to have this done before Sabbath.* R. Jose wished to state, that, as to vows, a man may consult on Sabbath only a man who is a competent authority (Cha- cham), but he must not consult three ordinary men, because that would appear as a judgment on business affairs. Abayi said to him: " Whereas three men may be consulted standing, or even if they are of kin, or even at night, it will not appear as an ordinary judgment." When a man wishes to annul the vow of his wife on the Sab- bath, he must not say to her, as on a week-day: " Thy vow is annulled," or, "I release thee from thy vow"; but merely: " Go and eat," or, " Go and drink," and this releases her from her vow. Said R. Johanan : "The man must, however, think at the time that he is annulling her vow." We have learned in a Boraitha : The school of Shamai said : * All this is originally part of Tract Nedarim. We have in consequence omitted it, but a part of that passage being necessary for the elucidation of the above text, we have incorporated it in the Tract Sabbath. 378 THE BABYLONIAN TALMUD. " On Sabbath a man must annul the vow in his mind only, but on a week-day he must proclaim it by word of mouth." The school of Hillel said, however, that be it Sabbath or a week-day, it is sufficient if the man annul the vow in his mind without proclaiming it. " They closed a window with an earthen jar,'' etc. Said R. Jehudah in the name of Rabh : " There was a small bridge be- tween two houses, and underneath the bridge lay a part of a corpse, and a cracked tub stood on top of the two houses; but it was not known whether the crack in the tub was large enough to admit of the penetration of the uncleanness arising from the corpse. So, first of all, all holes which were in the walls of the two houses were stopped up with towels ; then another vessel (a small jar) was tied with papyrus to a pole and laid on the tub, in order to see whether the crack was one span deep or not." * " From them we learn that {in certain cases) one may close, measure," etc, Ula once came into the house of the Exilarch on Sabbath, and saw Rabba bar R. Huna sitting in a tub of water and measuring it. Said Ula to him : " The rabbis only permitted the measuring of a plunge-bath for ritual purposes;