Babylonian Talmud

Rodkinson 1918 — source 3, scan section 19

however.) " Is it possible that Rabh should have said this ?" queried the sages, and R. Gidel answered: " I swear by the Law of Moses and by the prophets, and by the Hagiographa, that Rabh said this." Said R. Ashi: " What difficulty is there in this ? Let us suppose, that the three men needed a space of six saahs' capacity, and enclosed one so large, that seven saahs could be accommodated. (Then only a space is empty where one saah of grain could be planted.) Hence they may use the entire TRACT ERUBIN. 37 space. But supposing, that they needed only a space large enough to accommodate but five saahs of grain, and enclosed one large enough for seven, (then a space large enough for the planting of two saahs is vacant) and they must not use even the space large enough for five saahs." Did not the same Boraitha teach us, however, that a space large enough for the planting of two saahs must not be vacant, and thereby meant to state, that each man should be allowed a space large enough for two saahs, and then if a space for two saahs is vacant the entire space must not be used ; hence, when there are three men, they should not be allowed the use of a space large enough for the planting of eight saahs, but one accommodating only seven should be allowed them ? Nay ; the Boraitha meant to state, that the space allowed to the men should be only as much as they need for the accommodation of all their belongings. ' * But the sages hold that constructing it according to either one of the two principles is sufficiefit.'' Is this not a repetition of what the first Tana stated in opposition to R. Jose's bar R. Jehudah dictum ? There is a difference of opinion concerning an individual between the first and second sages as regards an inhabited place (and not the desert). According to the first sages who maintain that the regulations apply not only to a car- avan but to all individuals in general, this refers to individuals who are on the road, but when in inhabited places the regula- tions do not apply to them, while the second sages who oppose R. Jose bar Jehudah hold, that it makes absolutely no difference, be it caravan or an individual, in an inhabited place or in the desert. MISHNA: Four privileges have been granted to warriors in camp: They may bring wood from any place (without respecting the rights of ownership) ; they need not wash their hands before meals ; they may eat of Damai (grain of which it is not certain that the legal dues, tithes, etc., have been set aside); and they are exempt from the obligation of making an Erub. GEMARA: The rabbis taught: If an ordinary war* is in progress, it is permitted for the warriors to appropriate dry wood without respecting the rights of ownership. R. Jehudah ben Thima said: " They may also encamp wherever they choose, * By an ordinary war is meant a war carried on by the people without the direct commandment of God as distinct from the wars carried on by Joshua by divine com- mandment. 38 THE BABYLONIAN TALMUD. and wherever one is killed there may he also be buried, although the ground does not belong to him." " They are permitted to appropriate dry wood.'' This has also been ordained even by Joshua! Joshua ordained, that wood may be cut and appropriated by the warriors, but later even cut and dry wood was allowed to be taken. Where one is killed, there may he also be buried. ' ' Is this not self-evident ? The killed were strangers and had no one to secure a burying ground for them. The law also states, that whenever a man dies without leaving suf!icient means for the acquirement of a place of burial, he may be interred in the place where he dies. This case refers to warriors who even left sufficient means to secure a burying ground. They need not wash their hands before meals.'' Said Abayi : " This refers only to washing the hands before meals, but after meals it is even then necessary, because R. Hyya bar Ashi said : * Why did the sages ordain the washing of hands after meals ? Because among the salt used at the table there may be salt of Sodom, and when a hand which had touched salt of Sodom comes in contact with the eyes it blinds them.' There is only one grain of salt of Sodom in a whole kur of ordinary salt, ' ' said Abayi. Said R. A'ha the son of Rabba to R. Ashi: " How is the law, concerning one who had measured salt ? " and he answered: " So much the more must he wash his hands." They may eat of Damai." As we have learned in another Mishna: " Beth Hillel said, that a poor man and a warrior may partake of Damai." They are exempt from the obligation of making an Erub. ' * The disciples of R. Janai said : They are exempt from the obli- gation of making an Erub as far as courts and entries are con- cerned, but not where the limit of the distance of two thousand ells (techoom) is concerned, because R. Hyya taught: "One who is guilty of transgressing the law of techoom should be punished with stripes as for any other biblical negative com- mandment." R. Jonathan opposed this: " Can a man be pun- ished with stripes for a negative commandment which com- mences with the word Al ? " * This was again opposed by R. * Al and Lo both mean " not " in Hebrew, and R. Jonathan means to say, that only such negative commandments as commence with " Lo " involve, if transgressed, the punishment of stripes, but not such as commence with " Al." TRACT ERUBIN. 39 A'ha bar Jacob: " According to thy theory then the man who transgresses the commandment in [Leviticus xix. 31], ' Turn not unto them that have familiar spirits and unto wizards ' (which also commences with ' Al '), should also not be punished with stripes ?" R. Jonathan puts his question in the following sense : The violation of a commandment which involves the death penalty when committed intentionally cannot be punished Avith stripes at all, and the violation of the Sabbath is certainly a capital ofTence (how then can R. Hyyahold that it can be pun- ished with stripes ?). Answered R. Ashi : It is written [Exod. xvi. 29], " Let no man go out of his place on the seventh day," but it does not state, that a man should not carry things on that day. (Consequently the transgressing of the law of techoom is not a capital oflence, and is on a par with all other negative commandments.) CHAPTER II. REGULATIONS CONCERNING THE USE OF A WELL AND A GARDEN ON THE SABBATH. MISHNA: Enclosures (partitions) must be made around wells. They must be made of four boards, placed at an angle (of forty-five degrees) at the corners of the well, so that the four boards appear like eight (see illustration). Such is the dic- tum of R. Jehudah; but R. Meir saith: Eight boards must be used which will appear as twelve, namely, four boards placed at