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" But the sages hold that constructing it according to either one of the two principles is sufficient ." Is this not a repetition of what the first Tana stated in opposition to R. Jose's bar R. Jehudah dictum? There is a difference of opinion concerning an individual between the first and second sages as regards an inhabited place (and not the desert).. According to the first sages who maintain that the regulations apply not only to a caravan but to all individuals in general, this refers to individuals who are on the road, but when in inhabited places the regulations do not apply to them, while the second sages who oppose R. Jose bar Jehudah hold, that it makes absolutely no difference, be it caravan or an individual, in an inhabited place or in the desert.

MISHNA: Four privileges have been granted to warriors in camp: They may bring wood from any place (without respecting the rights of ownership); they need not wash their hands before meals; they may eat of Damai (grain of which it is not certain that the legal dues, tithes, etc., have been set aside); and they are exempt from the obligation of making an Erub.

GEMARA: The rabbis taught: If an ordinary war 1is in progress, it is permitted for the warriors to appropriate dry wood without respecting the rights of ownership. R. Jehudah ben Thima said: "They may also encamp wherever they choose, and wherever one is killed there may he also be buried, although the ground does not belong to him."

" They are permitted to appropriate dry wood ." This has also been ordained even by Joshua! Joshua ordained, that wood may be cut and appropriated by the warriors, but later even cut and dry wood was allowed to be taken.

" Where one is killed, there may he also be buried ." Is this not self-evident? The killed were strangers and had no one to secure a burying ground for them. The law also states, that whenever a man dies without leaving sufficient means for the acquirement of a place of burial, he may be interred in the place where he dies. This case refers to warriors who even left sufficient means to secure a burying ground.

" They need not wash their hands before meals ." Said Abayi: "This refers only to washing the hands before meals, but after meals it is even then necessary, because R. Hyya bar Ashi said: 'Why did the sages ordain the washing of hands after meals? Because among the salt used at the table there may be salt of Sodom, and when a hand which had touched salt of Sodom comes in contact with the eyes it blinds them.' There is only one grain of salt of Sodom in a whole kur of ordinary salt," said Abayi.

Said R. A'ha the son of Rabba to R. Ashi: "How is the law, concerning one who had measured salt?" and he answered: "So much the more must he wash his hands."

" They may eat of Damai ." As we have learned in another Mishna: "Beth Hillel said, that a poor man and a warrior may partake of Damai."

" They are exempt from the obligation of making an Erub ." The disciples of R. Janai said: They are exempt from the obligation of making an Erub as far as courts and entries are concerned, but not where the limit of the distance of two thousand ells (techoom) is concerned, because R. Hyya taught: "One who is guilty of transgressing the law of techoom should be punished with stripes as for any other biblical negative commandment." R. Jonathan opposed this: "Can a man be punished with stripes for a negative commandment which commences with the word Al?" 1This was again opposed by R. A'ha bar Jacob: "According to thy theory then the man who transgresses the commandment in [Leviticus xix. 31], 'Turn not unto them that have familiar spirits and unto wizards' (which also commences with 'Al'), should also not be punished with stripes?" R. Jonathan puts his question in the following sense: The violation of a commandment which involves the death penalty when committed intentionally cannot be punished with stripes at all, and the violation of the Sabbath is certainly a capital offence (how then can R. Hyya hold that it can be punished with stripes?). Answered R. Ashi: It is written [Exod. xvi. 29], "Let no man go out of his place on the seventh day," but it does not state, that a man should not carry things on that day. (Consequently the transgressing of the law of techoom is not a capital offence, and is on a par with all other negative commandments.)

Footnotes

1For explanation of this term, see Introduction

1The crooked walls will be explained in Tract Sukkah.

1In many places of the Talmud the expression Gud is used to signify, that where a wall or a curtain is supposed to reach the ground or to reach the ceiling, and comes within three spans of doing so in either case, they are considered as if they were on a level with the ground or with the ceiling, the expression for the former being Gud Achith and for the latter Gud Assik; literally, "consider it bound down" and "consider it bound up," respectively.

2Lavud, attached. See note §, page 12, Vol. I.

1This is a case of where the peculiar Talmudical expression of Kal Vochomer appears in the text. The literal translation is "light and heavy," i.e. , from the lighter to the heavier or from minor to major. In the "Introduction to the Talmud" by Prof. Dr. Mielziner an entire chapter is devoted to the explanation of this term (pp. 130-141). However, no general term can be found to express its meaning, and the expression must be varied according to the demand of the text.

1According to another version the apparent doors should be made where the entries face the street, but we cite the opinion of Rashi as usual.

1In the text is written "Bain," "between" the side-beams. Rashi, however, declares that here it does not mean between the side-beams, but opposite , as between the side-beams cannot be possible, because every entry must have only one side-beam, and Rashi says the reason that the text states "between" is, that the text mentions the side-beams in plural, meaning many entries, and the word Neged in Hebrew, which means "opposite," cannot be said in plural.

1An expression used to signify astonishment at an unnecessary or superfluous question, the answer to which is self-evident.

1Meir in Hebrew means, He makes light. Nehorah in Chaldaic is the same as our (light) in Hebrew; consequently Neherai in Chaldaic is the same as Meir in Hebrew.

1A Saraball was an article of apparel similar to the modern Turkish trousers.

2See Tract Sabbath, Chapter XIV., Mishna 2.

1The Gemara pertaining to this Mishna will be found in Tract Gittin, as it does not belong to or treat of Erubin.

1By an ordinary war is meant a war carried on by the people without the direct commandment of God as distinct from the wars carried on by Joshua by divine commandment.

1Al and Lo both mean "not" in Hebrew, and R. Jonathan means to say, that only such negative commandments as commence with "Lo" involve, if transgressed, the punishment of stripes, but not such as commence with "Al."

Table of Contents

REGULATIONS CONCERNING THE USE OF A WELL AND A GARDEN ON THE SABBATH.

MISHNA: Enclosures (partitions) must be made around wells. They must be made of four boards, placed at an angle (of forty-five degrees) at the corners of the well, so that the four boards appear like eight (see illustration). Such is the dictum of R. Jehudah; but R. Meir saith: Eight boards must be used which will appear as twelve, namely, four boards placed at an angle at the corners which appear as eight, and four boards placed between the corner boards. The height of the boards must be ten spans, the width six spans, and the thickness whatever it may be. The space between the two corner boards on the same side must not be wider than to permit of the passing through of two teams of cattle, each team of three animals abreast. Such is the decree of R. Meir. R. Jehudah, however, maintains, that each team may be of four animals abreast, meaning of cattle yoked together in a team, but not walking unyoked, so that one enters as the other passes out.