Babylonian Talmud

Rodkinson 1918 — source 17, scan section 23

" not more " — not even one. But if so, to what purpose " too many stripes "? To teach that if it happen so, even the stripes which were given rightly are to be considered too many (in force). " Collapsed," etc. The rabbis taught: A male as well as a female " in feces," but not " in urine." So R. Mair. R. Jehuda said: A male "in feces" and a female "in urine." The sages, however, maintain : There is no difference between male and female, and between feces and urine; at all events the beaten is to be freed. But is there not a Boraitha: R. Jehudah said: Male and female in feces? He meant to say that in such a case all agree, but concerning incontinence of urine there is a difference of opinion. Samuel said : If after he has been tied, he succeeds to run away from the court, he is free. An objection was raised from the following: Collapsing frees one whether it happen at the first stroke or the second, but if the strap broke he is free only if it happened at the second, but not at the first. Now, why should this not be equivalent to running away, which frees even before the first strike? This is no objection, when he runs away 5* THE BABYLONIAN TALMUD. he could not be beaten (and as he was already disgraced, he is not taken to be disgraced again), but here he is still present. The rabbis taught : If it was concluded by the examination that he will collapse in case he is beaten, he is to be freed ; but if the conclusion is that he will collapse after having been beaten, it does not free him. Furthermore, if it happen that he col- lapse before he was taken to be beaten, it does not prevent after recovery; because it reads [Deut. xxv. 2, 3]: "And to be beaten . . . and . . . thus rendered vile," but not rendered vile before beaten. MISHNA IX. : All who are liable to Korath, if beaten, are freed from it, as it reads [ibid., ibid. 3] : " Thy brother rendered vile," i.e., as soon as he was rendered vile, he is thy brother. So R. Hananye b. Gamaliel; the same also said: If one loses his soul for one sin, so much the more his soul should be saved because of one meritorious act! Said R. Simeon: This may be inferred from the very place which treats of Korath [Lev. xviii. 29]: " Even the souls that commit them shall be cut off," and [ibid., ibid. 5]: " Ordinances, which, if a man do, he shall live in them." As the whole portion is of negative commands, it is to be inferred that if one only abstains from committing a crime, he is rewarded as if he acted meritoriously. R. Simeon b. Rabbi said: It reads [Deut. xii. 23]: " Be firm so as not to eat the blood; for the blood is the life." Now, for rejecting blood which is disgusting to one, he is rewarded; from money and women, to which the nature of man is inclined, so much the more should he be rewarded if he separates himself; and not only he, but all his descendants to the end of the genera- tions, may be rewarded. R. Hananiab. Akasihasaid : The Holy One, blessed be He, wanted to make Israel blissful and there- fore he multiplied to them his commands in the Torah, as it reads [Isaiah, xlii. 21]: " The Lord willed (to do this) for the sake of his righteousness : (therefore) he magnifieth the law, and maketh it honorable." GEMARA: Said R. Jehanan: The colleagues of R. 'Han- anye differ with him (as according to them stripes do not substi- tute Korath). Said R. Ada b. A'haba in the name of Rabh: The Halakha nevertheless prevails with R. Hananye. Said R, Joseph: Who, then, ascended to heaven, returned, saying that the Halakha prevails with him? Said Abayi to him : According to you, that which was said by R. Jehoshua b. Levi, " three things were done by the human court, and the heavenly court TRACT MACCOTH (STRIPES). 53 agreed with it," is also to be questioned: who ascended to heaven and convinced himself that it was so? but such is inferred from the Scripture ; well, the same is here, too. What are the three things in question? The following: The reading of the Book of Esther on Purim, greeting with the Holy Name, and placing the tithe belonging to the Levites in the treasury of the sanctuary. The first (Book of Esther) from [Esther, ix. 27]: " The Jews took it upon themselves as a duty and accepted," means, they took upon themselves in their human court, and it was accepted in the heavenly court. " Greeting" from [Ruth, ii. 4] : " And he said unto the reapers, the Lord be with you," and also [Judges, vi. 12]: " The Lord is with thee." To what purpose is the second quotation? Lest one say that Boas did it according to his own opinion and without the admission by heaven, therefore the other quotation which was said by an angel. And concerning tithe from [Malachi, iii. 10]: " Bring ye all the tithes into the storehouse, that there may be provision in my house, and prove me but herewith, saith the Lord of hosts, if I will not open for you the windows of heaven, and pour out for you a blessing, until it be more than enough." R. Elazar said: At three places the Holy Spirit appeared: At the court of Shem, of the prophet Samuel, and in the court of King Solomon. At the court of Shem [Gen. xxxviii. 26] : " And Judah acknowledged them and said, She hath been more righteous than L" And whence did he know it? Perhaps as he was with her, so was some one else? Therefore a heavenly voice was heard : I have decided that so is it to be. In the court of Samuel [I Samuel, xii. 5]: " And he* answered, He is witness." He? they ought to be! Hence a heavenly voice was heard, I witness that so it is. And [I Kings, iii. 27]: "The king then answered and said, Give her the living child and do not slay it: she is its mother." And whence do we know it is so; perhaps she nevertheless deceived him? Hence the last words, " she is its mother," were said by a heavenly voice. Said Rabha: If it were inferred from the Scripture only, all of them could be objected to, but this is known by tradition. R. Simlayi lectured: Six hundred and thirteen commands were said to Moses; three hundred and sixty-five of them nega- tives, corresponding to the number of days in a year counting according to sunrise; and two hundred and forty-eight positives, * Leeser's translation does not correspond. 54 THE BABYLONIAN TALMUD. corresponding to the members of a man's body. Said R. Ha-m- nunah: Where is there an allusion thereto in the Scripture? [Deut. xxxiii. 4]: " The Torah which Moses commanded us." The letters of the word Torah number six hundred and eleven (Tav is 400; Vov, 6; Reish, 200, and Hei, 5), and the two first commandments, however, of the ten, we ourselves have heard from Heaven. However, David came and reduced their num- ber to eleven [Psalm xv. 2-5]: " He that walketh uprightly" means Abraham, to whom such an expression was said in [Gen.