Various Authors Various Authors - Talmud

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Talmud is the central text of Rabbinic Judaism and the primary source of Jewish religious law (halakha) and Jewish theology. The term «Talmud» normally refers to the collection of writings named specifically the Babylonian Talmud (Talmud Bavli). It may also traditionally be called Shas, a Hebrew abbreviation of shisha sedarim, or the «six orders» of the Mishnah. The Talmud consists of tractates and contains the teachings and opinions of thousands of rabbis (dating from before the Common Era through to the fifth century) on a variety of subjects, including halakha, Jewish ethics, philosophy, customs, history, and folklore, and many other topics. The Talmud is the basis for all codes of Jewish law and is widely quoted in rabbinic literature. This version is the new edition of the Babylonian Talmud with original text edited, corrected, formulated and translated into English by Michael L. Rodkinson.
Table of Contents
Book 1: Tract Sabbath
Book 2: Tracts Erubin, Shekalim, Rosh Hashana
Book 3: Tracts Pesachim, Yomah and Hagiga
Book 4: Tracts Betzah, Succah, Moed Katan, Taanith, Megilla and Ebel Rabbathi or Semahoth
Book 5: Tracts Aboth, Derech Eretz-Rabba, Derech Eretz-Zuta, and Baba Kama (First Gate)
Book 6: Tract Baba Kama (First Gate), Part II and Tract Baba Metzia (Middle Gate)
Book 7: Tract Baba Bathra (Last Gate)
Book 8: Tract Sanhedrin: Section Jurisprudence (Damages)
Book 9: Tracts Maccoth, Shebuoth, Eduyoth, Abuda Zara, and Horioth
Book 10: History of the Talmud

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Footnotes

1"The upper part of thy cheek" is expressed in Hebrew by "Rakothech," and Resh Lakish reads instead "Rikothech," which signifies "thy vain or wicked men."

1These names can be found in the following passages: Jonah ii. 3; Psalms lxxxviii. 12; ibid. xvi. 10; ibid. xi. 2; ibid. cvii. 10; the last name is traditional and not mentioned in the Scriptures.

1The Hebrew term used for baskets and for mandrakes in both passages is "Dudaim," hence the inference by analogy.

1The Hebrew term for "in the villages" is "bakphorim," and if read "bakophrim" through transposition of the vowel would signify: "Among the infidels."

1This expression is rendered in Hebrew by the term a literal translation for which cannot be found. The implied meaning of the term, however, is: When speaking of God, the assumption is made, that if He were a concrete body, this or that could be said of Him.

1 Vide Introduction to Vol. I., p. xxviii, § iv.

1These figures are approximate and the correct figures depend upon whether the cubit measured 5 or 6 spans.

1The Gemara has evidently omitted the names of the different sages who carried on the above argument.

CHAPTER III.

Table of Contents

REGULATIONS CONCERNING WHEREWITH AND WHERE AN ERUB MAY BE MADE. WHEREBY AN ERUB BECOMES INVALID. THE ERUB OF LIMITS, WITH ITS CONDITIONS. WHEN A FESTIVAL OR NEW YEAR PRECEDES THE SABBATH.

MISHNA: The Erub may be effected with all kinds of victuals excepting water and salt. All kinds of victuals may be bought with the proceeds of the second tithe except water and salt. One who has vowed to abstain from food, may partake of water and salt. The Erub maybe made for a Nazarite with wine and for an ordinary Israelite with heave-offering. Symmachus said: Unconsecrated things only may be used for the Erub of an ordinary Israelite. The Erub of a priest may be placed on a spot which had formerly been used as a cemetery. R. Jehudah said: It may even be placed in an actual burying-ground, since the priest may make a partition between himself and the burying-ground and then eat the Erub.

GEMARA: R. Johanan said: "We must not accept all the Mishnaoth that commence with a general rule as final, even such as are supplemented with an exception." Said Rabhina, according to another version R. Na'hman: We can infer this from our Mishna above. It is stated therein, that with all kinds of victuals an Erub may be effected, excepting water and salt, and there are certain mushrooms with which an Erub cannot be effected also. Consequently we may assume from this Mishna, that all those commencing with a general rule, even such as are supplemented with exceptions, need not be accepted as final.

" All kinds of victuals ," etc. One of the two sages, R. Eliezer or R. Jose bar R. Hanina, taught as follows: The Mishna means to state, that an Erub must not be made with either water or salt, but with the two together it is allowed," and one of them taught the same with reference to second tithes, viz.: With the proceeds of the second tithes salt or water must not be bought; but the two together maybe bought. The one who applies this opinion to second tithes does so even to a greater degree in the case of the Erub; but the one who applies this to an Erub does not do so in the case of the second tithes; because some fruit must be bought therewith. When R. Itz'hak came from Palestine, he taught this to apply to second tithes also.

An objection was made: R. Jehudah ben Gadish testified in the presence of R. Eliezer, that his father's house used to buy fish-brine with the proceeds of the second tithes. Said R. Eliezer to him: "Perhaps thou didst not observe, that there were pieces of fish in the brine." Now, R. Jehudah ben Gadish himself testifies that fish-brine was bought and that is at least an article of food; but he certainly would not permit salt and water.

Said R. Joseph: "R. Itz'hak in permitting water and salt to be bought with the proceeds of second tithes refers to a case where the water also contained some oil." Said Abayi: "If such be the case, why does he say water and salt, it would be virtually buying the oil?" The answer is: "If the money was paid for the oil and incidentally also for the water and salt." Is it allowed to buy it indirectly? Yea; it is allowed, as we have learned: Ben Bagbag said: It is written [Deut. xiv. 26]: "And thou shalt lay out that money for whatsoever thy soul longeth after, for oxen, or for sheep, or for wine, or for strong drink, or for whatsoever thy soul asketh of thee." "For oxen" signifies for oxen together with the hide, "for sheep" with the wool, for wine "together with the barrel," or for strong drink even if it turned sour.

R. Johanan said. "The man who will explain to me the dictum of Ben Bagbag concerning the oxen, I will carry his clothes after him to the bath-house." Why is this so? Wherein does he find a difference between the oxen and the sheep? Because if we infer from the verse, that the sheep may be bought together with their wool, which can be shorn, it is self-evident that an ox must be bought with the hide, for how can it be bought otherwise? Hence the inference taken by Ben Bagbag from the oxen is superfluous.

Wherein do R. Jehudah ben Gadish, R. Eliezer, and the following Tanaim differ? R. Jehudah ben Gadish and R. Eliezer interpret an extension and a limitation thus: "Thou shalt lay out that money for whatsoever thy soul longeth" is an extension then; "or oxen, or for sheep, for wine or for strong drink" is a limitation; "or for whatever thy soul asketh of thee" is again an extension. Thus we have an extension, a limitation and another extension. What is the extension? "For every. thing." But what is the limitation? According to R. Eliezer, it is fish-brine, and according to R. Jehudah ben Gadish it is water and salt, and the other Tanaim do not refer to extension and limitation but to the effect of general and particular terms, as we have learned in a Boraitha: "Thou shalt lay out that money for whatsoever thy soul desireth" is a general term, "for oxen, for sheep, etc.," is a particular term, and again "or for whatsoever thy soul asketh of thee" is a general term; hence we have a general term, a particular term and another general term, and wherever there is a particular term in the midst of two general terms the particular term determines the rule. Thus the particular thing to be bought with the proceeds of second tithes is fruit of fruit ( i.e. , a calf born of a cow or oil of olives) and everything generated above the ground; but salt and water or fish-brine is not included.

In another Boraitha however we were taught, that as the particular term refers to something born on or growing out of the ground, so does also the general term refer to subjects of this kind. What is the point of difference between the two Boraithas? Said Abayi: "Concerning fish." According to the Boraitha which holds, that the particular term refers to fruit of fruit and everything generated above the ground, fish is also included as it derives its sustenance from the earth; but according to the Boraitha which holds, that only something born on or growing out of the ground is meant, fish is excluded because it is generated in the waters.

Said R. Jehudah in the name of R. Samuel bar Shilas quoting Rabh: "An Erub may be made with lettuce, Halaglugoth (a certain edible plant) and clover but not with green rye-stalks and bad figs." How can he say that clover may be used? Have we not learned, that clover maybe eaten only by those who have many children but not by such as have none? Have we not learned that for a Nazarite an Erub may be made with wine and for an ordinary Israelite with heave-offering? Although neither of these two are allowed to partake of those things, there are others who may do so and the same case can be applied to clover, while there are some who are not allowed to eat it, there are others who may; hence all may use it for the purpose of making an Erub.

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