Babylonian Talmud

Rodkinson 1918 — source 7, scan section 77

tival. But not otherwise ? This presents no difficulty : the one is the case regarding fruit ; the other, regarding spices (which may be done in the usual way). CHAPTER III. REGULATIONS REGARDING MOURNING ON FESTIVALS, REGARDING THOSE WHO ARE UNDER THE BAN, AND WASHING. MISHNA: The following may shave (trim their hair) on the middle days : One who arrives from the sea countries, or returns from captivity, or has been discharged from prison ; or one who was absolved by the sages from the ban, or from his vow (not to cut his hair for a certain period of time) ; also a Nazarite and the leper who is restored to cleanness. The following may wash their garments on the middle days : One who arrives from the sea countries, or returns from captivity, or has been discharged from prison ; and one whom the sages have absolved from the ban, or from his vow. Towels, barbers' napkins, and bathing towels (may be washed). Men and women who have had a run- ning issue, women after their courses or lying-in, and all persons who from uncleanness are restored to cleanness, are permitted to wash their garments ; but all other persons are forbidden. GEMARA : What is the reason for not permitting other per- sons ? As we have learned in the following Mishna (Taanith) : " The priests of the weekly watch and the standing Israelites are prohibited from shaving their beards and washing their clothes ; but on Thursday they are allowed to do so in honor of the Sabbath." And Rabba bar bar Hana in the name of R. Elazar said : " The reason why they are prohibited to do so the whole week is in order that they shall not enter upon the fulfilment of their duties when they are filthy (if they would be allowed to do so during the days of their duty)." The same reason applies to the festival (if they will be allowed to do so in the middle days they will not shave themselves before the festival). *' Who arrive from the sea countries y Our Mishna is not in accordance with R. Jehudah of the following Boraitha : R. Jehudah said : *' One who returns from the sea countries may not shave, for he went to sea of his own accord." Said Rabha : ** If he went to sea for adventurous purposes, all agree that he may not ; if to earn his bread, all agree that he may. They only 26 THE BABYLONIAN TALMUD. differ in case he went to sea to accumulate profits {i.e., one who was well provided with an income, but went to sea to increase his riches). One equals it to the case of adventurous purpose ; and the other, to that for the purpose of earning his bread. Samuel said : '' A minor (child) may be shaved on the middle days, and it makes no difference whether he was born on or before the middle days." Said R. Pin'has : " We also have a Mishna to the same effect : All those who were permitted to shave on the middle days may also do so during their mourning." From this we must assume that those prohibited to shave on the middle days are also prohibited from doing so during their mourning? Now, if a minor would be prohibited, then mourning would be customary to a minor also, but the following Boraitha states : " The garments of a minor mourner are rent for the purpose of moving others to mourn ? " Hence we see that to a minor himself mourning is not customary ? Said R. Ashi : Does, then, the Mishna state '' those who are prohibited " ? (It only states '' those who are allowed ") and possibly some are prohibited who are not mentioned in the Mishna. A mourner must not observe mourning on festivals, for it is written [Deut. xvi. 14] : " And thou shalt rejoice on thy feast." Then, if the mourning commences before the festival the positive commandment of the rejoicing of the feast which relates to the whole public is relieving from the positive commandment of mourning of an individual ; and in case it began on the festival, the commandment of mourning to an individual cannot relieve from the commandment (of rejoicing) to the public. What is the law of one who is under the ban as regards the festival? Said R. Joseph: Come and hear: ** Cases involving capital punish- ment or stripes, or civil cases, may be tried (on the middle days), and if one (of the parties) is in contempt he may be put under the ban." Now then, if you should think that if one who was already under the ban the festival comes and postpones it, how could we put one under the ban originally on the festival ? Said Abayi to him : "■ Perhaps the Boraitha meant, by ' tried,' the examina- tion only (but not the result) ? " Therefore said Abayi : This can be decided from our Mishna, which states : *' One whom the sages absolved from the ban." And if the festival would post- pone it, why then the absolving by the sages ? Said Rabha : Does, then, the Mishna state : The sages have absolved the ban ? It states : ^' Who was absolved by the sages from the ban," which means that he has previously arrived at an TRACT MOED KATAN (MINOR FESTIVALS). 27 understanding with his opponent and then come to ask the rab- bis that they should absolve him. (Hence the question remains undecided.) Is the law of leprosy customary on the festival ? Said Rabha : Come and hear : It is written [Lev. xiii. 45] : *' And the leper." That means to include even if it was the high-priest. Now, it is certain that as to the high-priest all the week-days are considered feast-days, as we have learned in a Mishna (Sebo'him) : '' The high-priest may sacrifice in his mourning before the interment of the corpse, but not to eat of it." Infer from this that the law of leprosy is customary on festivals. * Rabha said : Whence do we know that the court has power to summon one to appear before them ; to appoint a time for the trial before the chief of the court; and to fix a time for the appearance of both parties? It is written [Num. xvi. 12-16]: *' And Moses sent to call Dathan and Abiram, the sons of Eliab," etc, " And Moses said unto Korah, thou and thy company be ye before the Lord," etc. " Thou and they and Aaron to-mor- row." And whence do we know that the court has power to postpone the trial to another day? It is written [Jerem. xlvi. 17] : " They called out there," etc., " he hath let the time appointed pass by." And whence do we know that the report of the court messenger, that the summons is disobeyed, is not considered slander ? From the report of the messengers to Moses [Num. xvi. 14]. And whence do we know that a great man has the power to put one under the ban? From [Judges, v. 23] : "Curse ye Meroz, said the messenger of the Lord." [It means that he was a great man.] And whence do we know that the court has power to excommunicate him and to prohibit to eat or drink in his com- pany, or to stand near him within a distance of four ells ? From