Babylonian Talmud

Rodkinson 1918 — source 7, scan section 28

comes to separate tithes from fruits bought from one of the com- mon people, from a doubt lest the seller had not yet separated the tithe, he may separate it even from things the labors belonging to which are not yet finished. * The law of the tithe of all these will be explained in Tract Maasroth. The meaning of " Price" is, that if the grain was sold before it became ripe, it does not fix it for tithe. CHAPTER V. TIEGULATIONS CONCERNING LABORS PERMITTED AND NOT PERMITTED ON BIBLICAL FESTIVALS. MISHNA: It is allowed to throw down fruit (kept on the roof for drying) by a trap-door (into the yard) on the festival, but not on Sabbath. It is also allowed to cover fruit, or jars of wine or oil, with vessels to protect them from rain. One may also place a vessel to receive rain on Sabbath. GEMARA : Of which quantity does the Mishna speak? Said R. Zera in the name of R. Assi, according to others R. Assi in the name of R. Johanan : The same quantity which we have learned in the Mishna (in Sabbath, p. 276). One may even clear off four or five chests of straw or grain in order to remove obsta- cles to instruction, etc. But perhaps there it is different, because there are obstacles to instruction ; but here, where it is not the case, it may be a less quanity? Or, on the contrary, there the Mishna speaks of Sabbath, which is rigorous, therefore a slight quantity is allowed. But here it is a festival, perhaps a greater quantity is allowed ? It can be interpreted even in another way : There, where there are no damages of money, a quantity from four to five is allowed ; but here, where there can be damages of money, even more is also allowed ? And another question : There the Mishna teaches that one must not clear out a whole barn, and Samuel explained this that the Mishna meant he shall not clear out the whole barn for fear he will notice pits and would like to fill them up (ibid. 276). How is the law in our case ? Shall we assume that because Sabbath is rigorous, the precaution- ary measure must be taken ; but in the case of the festival, which is lenient, it need not be taken ? Or, on the contrary, there, where although the reason is the fear of interruption in the house of learning, yet it is not allowed to clear the whole barn, how much the more here, where such a reason does not exist ? And another question : Here the Mishna teaches that fruit must be thrown through a trap-door, and R, Na'hman said in addition 7Q TRACT BETZAH (YOM TOB). yt to this, that it is allowed only from that roof ; but to throw it from this roof to another, it is not allowed. And so it was also taught in a Boraitha, that the fruit must not be carried from one roof to another, although the roofs are of equal altitude. Shall we assume that only in the case of the festival which is lenient this is prohibited as a precautionary measure, lest one shall come to hold cheap the holiday, and will do other things, but on Sab- bath which is rigorous and no such fear exists, perhaps this is allowed ? Or, on the contrary, as here, where the fruit can be damaged, we do not allow this ; there, where no such a fear exists, so much the more it is not allowed. And another question : A Boraitha in addition to this Mishna teaches he shall not let it down by ropes and also not by ladders. Shall we say that only here, where the fear of the interruption in the house of learning does not exist, it is prohibited ; but there, where such a fear does exist, it is allowed ? Or, on the contrary, here, although there is fear of damages, it is not allowed, so much the more there ? All these questions are not decided. ^' And fruits may be covered^ Said Ula: Even piled-up bricks not mortared may be covered. R. Itz'hak, however, said only fruit fit for consumption may be covered with vessels, but no other things. " One may place vessels to receive rainT A Boraitha taught : When the vessel was full, he might empty it, and put it in its former place again ; and so repeatedly. The handmill of Abayi was exposed to the rain (and he had not enough vessels to pro- tect it). He came to Rabba his Master, and asked ; and he answered : Go and place your bed in that room (where the hand- mill was), and then the handmill will be considered as a night chamber, which may be removed from a bedroom (and then he can remove the bed again). Abayi himself considered the law and said to himself : May one turn a clean thing into an objec- tionable thing intentionally? While he sat and thought thus, the handmill cracked. Said he : I deserve this punishment be- cause I was disobeying my Master. Samuel said : A chamber-pot and similar vessels may be removed, and voided on the garbage ; and then washed, and returned. The schoolmen who heard this thought that the dirt may be removed only together with another vessel, but not without another vessel? Come and hear: Once a dead mouse was found in the place where R. Ashi's spices were kept, and he said : Take it by its tail, and throw it out. 72 THE BABYLONIAN TALMUD. MISHNA: All transgressions of the precept of Shbuth,* whether by any optional actions, or actions for religious purposes, are also such on the festival. The following actions are forbidden on account of Shbuth : To climb trees, mount an animal, swim in water, clap with the hands, strike on the hips, or dance. The following are prohibited as optional actions : To administer jus- tice, to acquire a woman as a wife (by giving a ring, money, etc.), to take off the shoes of one refusing to many the deceased brother's widow (Halitzah), or to marry such a brother's widow. The following actions are prohibited as though they are actions for religious purposes : To consecrate anything, to value sacred things, to pronounce anything as devoted (to the service of the Temple), to separate heave-offerings and tithes. All these have been decided to be prohibited on the festival, and a fortiori on Sabbath. (This is the rule) : There is no difference between the Sabbath and the festival, except that the preparation of food is permitted on the latter. GEMARA : To climb trees — lest one tear off something ; mount an animal — lest one should cut off a twig (to drive it therewith); to swim — lest one make a swimming bladder; to clap the hands, strike on the hips, dance — all lest one fix musical instruments. " The following are prohibited as optional.'' To administer justice : is this not a religious act ? The case is, when there is a better man than he who can perform it. To acquire a wife : is this not a religious act ? The case is, when he has already a wife and children. The ceremony of Halitzah and Jibiun : are these not religious duties ? The case is, when there is an elder brother than he, and the duty falls on the elder brother. And the reason