Babylonian Talmud

Rodkinson 1918 — source 7, scan section 75

occurred in his family ; and one who is prevented from at once putting them to press, or has been disappointed by his laborers, may put the first press-block on, and leave it until after the feast- Such is the dictum of R. Jehudah. R. Jose, however, said : *' He may put the olives into the oil-press and finish pressing them, and bung up the casks in the usual manner." GEMARA : It begins with mourning and ends with the middle days (without stating the law relating to the former) ? Said R. Shesha, son of R. Idi : " Infer from this, that things permitted on the middle days are, nevertheless, prohibited during mourning." R. Ashi says to the contrary : " Not only in the mourning time, which is only rabbinical, are these things allowed, but even on the middle days, during which work is prohibited biblically, in the case of loss the rabbis permitted it." The following Boraitha Is in support of the assertion of R. Shesha, son of R. Idi : The following things are done by others for one who is in mourning : If his olives are turned, the press- block may be put on, the cask bunged, his flax removed from the buck, his wool taken out of the boiler, and his land watered when his turn comes on. R. Jehudah said : *' Even his ploughed land may be sown and the flax-field planted." The sages, however, maintain, that if not sown early in the season it can be done so late in the season ; and if not flax, other plants can be raised. R. Simeon b. Gamaliel, however, said that if he is the only special- ist in the place, of all those things mentioned above, they may be done by himself privately. And even more than that the same Rabban allowed : If he were the only mechanic in the place em- ployed by the public, or a barber, or a bather, and the feast was approaching, he might perform his functions. Contractors of all kinds must have others to do their work (during their mourning). 19 20 THE BABYLONIAN TALMUD. Those who hire out asses, camels, or ships to others, must not do their work. But if at the time (their mourning commences) they were already hired out, they might continue. A day laborer, although in a place where he is not known, must not work. If he were to work for others in his own house, whether under con- tract to do it for a definite time or not, he must not do it. If others were working for him in his own house, they must postpone their work ; but in a house other than his own, they might con- tinue. Marian, son of Rabhin, and Mar, son of A'ha son of Rabha, had a team of oxen in copartnership. One day a death occurred in the family of Mar b. A'ha and he kept in his ox. Said R. Ashi : Why should a great man like Mar do such a thing? If he does not consider his own loss, he must consider that of another. As stated above : " If they were hired out at the time, they might proceed with their work." He (Mar), however, was of the opinion that the case is different when a prominent person is concerned. Samuel said : " Those who do their work under con- tract for a definite period of time, if within the legal limits, may not ; if outside those limits, they may do it." R. Papa, however, said : Even where it is outside the legal limits, the case is only when there is no town adjacent. R. Mesharshia, however, said that even where there is no town adjacent the case is so only in reference to Sabbath days and festivals, for on those days people are few ; but as regards the middle days, during which people are numerous, it is not permitted. Mar Zutra, son of R. Na'hman, had a house built under contract outside of the legal limits. R. Saphra and R. Huna bar Hinna happened to be in the neighborhood of that house and declined to enter it ; and according to others, R. Zutra himself also declined to enter it. But has not Samuel said that if it was outside of the legal limits it is permitted ? R. Zutra himself assisted them in placing the straw during the progress of the work. R. Hama permitted the Abunagars (waiters) of the Exilarch to do their work on the middle days ; for, he said, they receive no salary, and work only for their board. (It is therefore not considered labor, and does not matter.) The rabbis taught : Work may be taken under contract dur- ing the middle days to be done after the feast. But on the middle days it is not permitted. The rule is : All that one him- self may do, he may have a Gentile do it for him, but not what he may not. We have learned in another Boraitha : " Work may be taken under contract on the middle days to be performed TRACT MOED KATAN (MINOR FESTIVALS). 21 after the feast, provided always he does not measure, weigh, or count in the usual manner." The rabbis taught : " No animals should be copulated on the middle days ; the same applies to the firstborn and also to the desecrated ones at any time." The rabbis taught : Cattle must not be brought into the field for the purpose of manuring, either on Sabbath days, feast days, or middle days. But if they come there of themselves it is per- mitted. And no assistance may be afforded to those in charge, neither a watchman assigned them to watch their sheep. But the case is different if they are hired by the week, month, year, or for a period of seven years. Rabbi, however, says : " On Sab- bath days it may be done without compensation ; on feasts days, for food only ; and on the middle days, even for compensation." Said R. Joseph : " The Halakha prevails as Rabbi decreed." MISHNA : The same is the case when one whose wine is in the press-pit and a death occurred in his family or another acci- dent happened ; or if he had been disappointed, he may pour the wine into casks, cooper, and bung them up in the usual manner. Such is the dictum of R. Jose. But R. Jehudah said : '' He must only cover the pit with boards, so that the wine may not grow sour." GEM ARA : Said R. Itz'hak bar Abba : " The Tana who holds that on the middle days it must not be done in the usual manner, does not accord with R. Jose." Said R. Joseph : *' The Halakha, however, prevails as decreed by R. Jose." A question was propounded to Na'hman bar Itz'hak : '' Is it permitted to bung up a beer barrel on the middle days ? " He answered : '' Sinai (R. Joseph) had already stated that the Halakha pre- vails as decreed by R. Jose." But R. Jose's statement relates only to wine, but not to beer? What was the reason for wine — because there is a great loss ? The same is the case with beer. R. Hama bar Guriah said in the name of Rabh : The laws regarding the middle days are distinct from each other and can- not be compared for the purpose of inference. As Samuel said : " A jug may, but a barrel may not be covered with tar." R. Dimi of Nehardea holds the reverse. The one considers the