Babylonian Talmud

Rodkinson 1918 — source 7, scan section 5

b. Zakkai the prohibition of the egg remains in force, because the prohibition has been ordained by the vote of a majority of sages, and everything that has been ordained by a majority some time ago, must again be voted by a majority. Said Abayi to him : Did the sages in Johanan b. Zakkai's time discuss about an egg? They discussed only about the witnesses of the new moon. When it was ordained that the witnesses should not be received on the 30th day (consequently two days were kept festival), the egg was prohibited, but after that, when it was again allowed to receive the witnesses the entire 30th day, in consequence holiday was kept only one day, and the egg could not be any longer pro- hibited. R. Ada and- R. Shalman [both from the city of Khaluchith] eaid : The reason why the egg is prohibited even after the ordi- * For this ordinance of R. Johanan ben Zakkai see Tract Rosh Ilashana, pp. 55-56. 8 THE BABYLONIAN TALMUD. nance of R. Johanan b. Zakkai, is because the Temple will soon be rebuilt, and then one may say the last year, have we not eaten the second day of the festival the egg that was laid on the first day ? We will do the same now, and they will not know that the last year had two separate sanctitudes ; and now, when the Temple is built, the two days are as one long day of one and the same sacredness. If it is so, let the witnesses who come to testify about the new moon, also not be received ? because soon will the Temple be rebuilt, and they will say : Did we not receive the last year the whole 30th day ? The same will we do now ? What comparison is there ? Only the court (Beth Din) can receive the testimony of the witnesses, but eating an egg appertains to the common people. Rabha, however, said : That even after the ordinances of R. Johanan b. Zakkai the egg is prohibited for this reason : Would not R. Johanan b. Zakkai himself agree that if the wit- nesses were coming after the Min'ha prayer (in the afternoon), both the 30th day and the morrow would be kept sacred ? (Therefore we who are at a great distance from Palestine, and do not know when the witnesses appeared, must keep both days holy, and as of one kind of sacredness ; in consequence an egg laid cannot be eaten on what is considered as the same day.) Rabha said again : The Halakha prevails according to Rabh in these three ordinances, both when he is lenient and rigorous (namely: i. An egg laid on a Sabbath preceding festival day or on a festival day preceding a Sabbath may be eaten on the mor- row. 2. The same is the case with the two festival days in exile. 3. But if it was laid on the first day of the two New Year's days, it must not be eaten). Rabha said : The preparing for the burial of a dead body on the first day of the exile festival must be done by Gentiles ; but on the second day Israelites may do it, even if it is New Year. With a new-born thing, however, in the two days of New Year it is different (because ^/lese two days are considered as of one sacredness). The sages of Nehardai, however, said the case is the same with a new-born thing also. Said Mar Zutra : The law concerning burial on holidays refers to a case when the corpse had been lying some time and there is fear of corruption ; but if it had just died it may lie until after the holidays and then be interred. R. Ashi, however, said : Even if it has just died it can be buried on the same day, as the sages considered the second day of a festival a week-day in relation to a dead body, and it is TRACT BETZAH (YOM TOB). 9 allowed even to cut myrtle for it and prepare (a nice cloak for him besides) the shrouds. Rabbina was sitting in the presence of R. Ashi on the first day of New Year, and noticed that he was downcast. He asked him : Why is the Master downcast ? R. Ashi answered : Because I have not made a combining of cookery (Erub Tabshilin ; i.e., the third day of the new year was a Sabbath, and it was neces- sary to prepare on the second day of New Year for the Sabbath by making a '' combining of cookery "). Said Rabbina to him : Let Master make it to-day. Did not Rabha say that whoever forgoi" to make a combining on the eve of a festival, is permitted to make it on the first day? And R. Ashi rejoined: Rabha allowed it only on the exile festival day, but not on the two days of New Year. Said Rabbina again : Did not the sages of Neher- dai decide that the same is the case with New Year's day ? R. Mordecai answered to Rabbina : I have heard Master plainly de- clare that he did not agree with the sages of Neherdai (Master means R. Ashi). Therefore do not molest him with this question. The rabbis taught : A pullet which was born on a festival must not be eaten on the same day. R. Eliezer ben Jacob said even on a week-day it is not allowed to eat it on the same day, because its eyes are not yet open. We also learn in the follow- ing Boraitha : It is written [Lev. xi. 22] : '* All flying insects that walk upon four legs shall be an abomination to you." By *' all " it is meant to add the pullet whose eyes are not as yet open. R. Huna said in the name of Rabh : An (t^'g becomes ripe as ioon as it is laid. What does Rabh mean to teach us by this statement ? Shall we assume that he meant to say that it be- comes ripe enough to be eaten with milk, which would not be the case if the ^^g were found in the entrails of a hen ? Did not a Boraitha say : He who kills a hen and finds in it ripe eggs may eat them with milk? Shall we assume that Rabh means to teach us that when it is laid on a festival it may be eaten on that same day ; but how if it were found in the entrails of a hen, would it not be allowed to eat it on a festival ? Did not a Boraitha say that if ripe eggs are found in the hen on a festival day, they may be eaten ? If it be said that Rabh means to teach us what the Boraitha has added to the Mishna (this cannot be said either, because) we have learned in the Mishna, an ^gg laid on a festival the school of Shammai permit to be eaten, etc. We see there- fore that the above schools differed only about an ^gg laid already, but not about an ^gg found in the entrails of a hen ; and j.^ THE BABYLONIAN TALMUD. it cannot be said of the school of Hillel that they prohibited this, for then the above Boraitha which allows this would not be in accordance with any of the schools. Rabh comes to teach us that only an egg which is laid is ripe to be put under a hen for hatching ; but an egg which is found in the entrails of a hen, even if it were ripe, cannot be used for hatching, as it cannot breed pullets. And the difference is in matters of buying and selling (?>., if one buy eggs for hatching and he was given eggs which were