Babylonian Talmud

Rodkinson 1918 — source 7, scan section 70

iv. 1 6], and then answered : Say, so was the condition of the first court, that those who differ with them may overrule them. R. Ashi, however, said : Rabban Gamaliel and his court are in TRACT MOED KATAN (MINOR FESTIVALS). 5 accordance with R. Ishmael, who holds that this was oral law, and as such it was binding only during the existence of the Temple, similar to that of '^ pouring water on the altar," but not after. The rabbis taught : " It is not permitted to irrigate from the water basins, or trenches, which were filled with rain-water on the eve of the feast, unless there is a water-channel passing between them." Said R. Papa : " Even this is permitted only where the greater part of the land is irrigated therefrom." R. Ashi, however, said : *' It is permitted even if this is not the case, for when water is likely to flow in (into the channel) one is not likely to do any troublesome work, and is rather likely to think to himself, * if it cannot be irrigated in one day it will be so in two or three days.' " The rabbis taught : " It is permitted to irrigate dry land from a water basin which receives its water supply from the dry land situated above it " (the upper land being irrigated from a well and some water is dripping down into the basin). But is it not likely to cease (and some troublesome work may be done in bringing water from another place)? Said R. Jeremiah: "The case is when it is still dripping." Abayi adds : *' This case holds good only when the original spring has not ceased." " One must not make a fresh trench,' etc. This would be cor- rect in reference to the middle days, because it is considered work, but what is the reason for the Sabbatical year ? R. Zera and R. Abba bar Mamel : One holds, the reason is because it resembles delving ; and the other says, because it is considered a preparation of the adjacent ground for sowing. ''And those conduits that are choked up may be cleansed!' What is meant by " choked up " ? Said R. Abba : " If it was only one span deep, it may be restored to its original depth of six spans." Abayi allowed the inhabitants of Hamdoch to cut off the branches of the trees growing in the river (during the middle days). R. Jeremiah allowed the inhabitants of Sekutha to cleanse a choked well of the river. R. Ashi permitted the inhab- itants of Matha M'hasiah to deepen the river Burniz ; and the reason assigned by him for this permission was, that because many persons used its water it was to be considered as a public necessity, and our Mishna states that all work for public service is permitted. " One may repair water reservoirs located on public ground!' 6 THE BABYLONIAN TALMUD. Is cleansing only, and no digging, permitted ? Said R. Jacob in the name of R. Johanan : The Mishna refers to a case in which the public do not need it, but otherwise even digging is per- mitted. Is that so ? Have we not learned in a Boraitha : *' Basins, pits, and cavities may be cleansed, if they belong to private persons, and so much the more if they are public. But it is not allowed to dig even when they are public, and so much the more when they are private." Should we not assume, that it is not permitted even when needed by the public ? Nay, the case is when the public do not need it. Then how would it be in case of the private ones ? Shall we assume that it is even when one does not need it ? Then why should cleansing be permitted ? Explain thus : Private basins may be cleansed when needed by him, and so much the more public basins if required by the public ; but it is not permitted to do so even when they are public in case they are not needed by the pubHc, and so much the more private ones if not needed by the owners, for if not needed by the owners even cleansing is not permitted. Said R. Ashi : " The explanation of our Mishna seems to mean the same, as it states all that is necessary," etc., and this word *' all " adds also digging. But the expression '' all " may include the works enumerated in the following Boraitha : Messengers may be sent out (on the middle days) to remove prickles from the roads and to repair the markets and thoroughfares, and to ascer- tain the contents of the legal baths ; and if they do not contain the prescribed measure they must be regulated. And whence do we deduce that if the messengers were not sent out and in conse- quence thereof an accident happened, that those guilty of such neglect are personally charged with having caused that accident ? Therefore it is written [Deut. xix. lo] : '' And bloodguiltiness be brought upon thee " ? Are all these not expressly stated in our Mishna ? *' The roads," etc., " may be repaired ? " why then repeat, *' all " what is required by the public, etc.? We must then assume that it adds digging. Infer herefrom. ''And tombs may be marked,'* g\.c. R. Simeon b. Pazzi said: Where is it hinted at in the Scripture that tombs must be marked? It is written [Ezek. xxxix. 15]: "When any one seeth a man's bone, there shall be set up a sign by it." Said Rabina to R. Ashi : Were not tombs marked prior to Ezekiel ? Therefore we must say, that it was traditional and the passage in Ezekiel only refers to it. Rabina, however, said : We may find a reference to this in the follovv^ng passage [Psalms, 1. 23]: ''And TRACT MOED KATAN (MINOR FESTIVALS). 7 to him that ordered his course ariglit will I show the salvation of God." (From this passage it may be inferred that the tombs were marked in order not to pass over them.) As R. Joshua b. Levi said : One who weighs his ways will be rewarded in seeing the sal- vation of the Holy One, blessed be He. As the Hebrew term of the above passage is '* Vessom derech," do not read *' vessom," but " veshom." * A pupil of R. Janai who was wont to ask questions of the latter whenever he was lecturing, refrained from doing so on the Sabbath preceding a holiday, when a multitude of people used to gather (for fear that R. Janai might not be able to answer him and get confused), and R. Janai referred to him the passage just quoted (as explained by R. Joshua b. Levi). The rabbis taught : Those things which cannot communicate uncleanliness when in a tent need not be marked ; but the fol- lowing parts of a dead person must be marked : the spinal cord ; the head ; the major part of the structure of the skeleton, and the major number of parts of the skeleton. Those places which are known to be unclean need not be marked, but those which are doubtful need be. The following are considered doubtful places : Those having trees with spread out branches, places near fences the stones of which are projecting forward, and Beth Haperes (Perch) : and no signs should be put up on the very spot of the uncleanliness (but a short distance away), in order not to