Babylonian Talmud

Rodkinson 1918 — source 11, scan section 84

immediately, for one who is not fit for such a message may go * The expression in text is the oven of Akhnai, which means inChaldaic snake. Thosphat, however, maintains that the man who made the oven was named Akhnm, TRACT BABA METZIA (MIDDLE GATE). 141 and inform him suddenly, and he will destroy the world." What did R. Aqiba ? He dressed himself in black and wrapped him- self with the same color, and sat at a distance of four ells from R. EHezer. And to his question : " Aqiba, what is the matter?" he answered : " Rabbi ! it seems to me that your colleagues have separated themselves from you." The rabbi then tore his gar- ments, took off his shoes, and sat on the floor, and his eyes began to flow. The world was then beaten a third in olives, a third in wheat, and a third in barley. According to others, even the dough which was already in the hands of the women became spoiled. A Boraitha states that that day was the severest of all days, as every place on which R. EUezer had set his eyes was burned. And also Rabban Gamaliel, who had at that time been sailing, was in danger of drowning by a tempest, and he said : " It seems to me that this storm is because of R. Eliezer b. Hurka- nus." He then arose and prayed : " Lord of the Universe, it is open and known before thee that not for the sake of my honor or the honor of my parents I acted so, but for thy glory, to prevent a quarrel in Israel." And the sea then became quiet. Eima Shalum, the wife of R. Eliezer, was a sister of Rabban Gamaliel, and since that time she prevented her husband from falling upon his face.* It happened, however, in a day which was the last of the month, and she erred, thinking that this day was the first of the month (in which the falling upon the face is not cus- tomary^'). According to others, a poor man knocked at the door and she was going to give him some bread, and when she returned she found her husband falling on his face, and she said to him : " Arise, you have already killed my brother ! " In the meantime it was heralded by the house of Rabban Gamaliel that he was dead, and to the question R. Eliezer asked her : " Whence did you know this?" she answered : " I have a tradition from the house of my grandfather that all gates are closed for prayers, except for him who cries upon cheating." The rabbis taught : " He who cheats a stranger transgresses three negative commandments, and he who oppresses him trans- gresses two." Let us see. Regarding cheating there are three negative commandments [Exod. xxii. 20, Lev. xix. 33 and ibid. XXV. 17], as the expression "the other" includes a stranger also. Then there are three negative commandments concerning oppres- * There was a. custom of falling upon the face at a certain prayer daily, except 00 half-ho'idays, as Chanukah, Purim, and New-moon. 142 THE BABYLONIAN TALMUD. sion also — namely, Exod. xxii. 20, xxiii. 9, and ibid. xxii. 24 — which include also the stranger. Hence there are three negative commandments in oppression also ? Read, then, in both cases : He transgresses three negative commandments. We have learnt in a Boraitha : R. Eliezer the Great said : Why does the Scripture in thirty-six, according to others in forty- six places, warn concerning strangers? Because they are of a mischievous nature.* Why is there added [Exod. xxii. 20], " for strangers ye were in the land of Egypt " ? There is a Bo- raitha : R. Nathan says : Do not rebuke your neighbor for a similar blemish to that you have on your body ; and this is what people say : To him who has had a hanged one in his family, do not even mention hang up a fish. MISHNA IX. : One must not mix together fruits from two separate fields, if the seller has named the field of which the fruits were to be issued ; and even when the fruits of both are new, much less old with new. In reality, it was said of wine that it is allowed to mix old with new, when the new was sold, because the old im- proves the new. However, one must not mix the yeast of one wine with another wine, but he may give him the yeast of the same. If the wine was mixed with water, he must not sell in his store, provided he informed the buyers ; not to a merchant, however, even if he informed him, for he buys only for the purpose of cheat- ing. In the places where it is customary to mix water with wine, he may do so. A merchant may buy grain from five barns and place it in one store-room ; he may also buy wine from five presses and put it in one cask, but not with the intention of mixing it. GEMARA : The rabbis taught : " It is not necessary to state, if the new was sold four measures for one sala and the old three measures only that they must not be mixed (if he sold him old ones), as this would be plain cheating ; but even when the reverse is the case, he must also not do so, as usually one buys it to keep for a long time (the new becomes old and the old — spoiled).'" "/« reality, it was said," etc. R. Elazar said: Ada was the one who said that wherever the expression " in reality " is stated, it means that so the Halakha prevails. Said R. Na'hman : The Mishna treats of a case in which it was done in the time of wine- pressing, as in that time the wine is fermenting, and therefore it is improving ; but after the time is over, it spoils. But now it is customary to mix it, even not at that time. Said R. Papa : It is *An explanation to this will be found in Tract Hrajoth. TRACT BABA METZIA (MIDDLE GATE). 143 because people are aware of it, and relinquish their right. R. Aha b. R. Ika said : They do in accordance with R. Aha of the following Boraitha, who permits to mix beverages which are to be tasted, as the buyer recognizes if mixed. " But he may give him the yeast of the same*' etc. But is it not stated in the first part that it must not be mixed at all ? And lest one say that the Mishna means he shall inform him, this would not hold good, as is stated in the latter part, he shall not sell it in his store provided he informed the buyer, from which it is to be inferred that the first part treats even when not informed. Said R. Jehudah, it means to say thus : One must not mix the yeast of yesterday with the wine of to-day, and vice versa ; he may, how- ever, give him the yeast of the same. We have also learnt this in the following Boraitha : " R. Jehudah said : He who pours wine for his neighbor must not mix wine from yesterday with that of to-day, and vice versa, but he may do so with the wines of the same day." "If water was mixed,'' etc. It happened that wine was brought to Rabha from a store; he mixed it, tasted, and it was not sweet, and he returned it to the store. Said Abayi to him : " Did not our Mishna state that he must not furnish it to a