MISHNAH: One does not explain sexual aberrations to three {persons}, nor the Creation [To study the esoteric doctrines inspired by the biblical account of Creation which obviously is not a scientific text.] to two, nor the Chariot [The details of the Divine Throne as described in the first Chapter of Ezechiel.] to one unless he was wise and understood by himself. Anybody trying to investigate four things it would have been better for him not to have come into the world: what is above and what is below, what is before and what is after [Since space and time are created, there cannot be any meaningful answer to the question what was before time and what is outside space.] . And anybody not caring for the glory of his Creator [The hypocrite who sins in secret is blaspheming every time he sins since he shows that he denies that God is all-knowing.] would have been better off not to come into the world [Not being born he could not be punished.] .
HALAKHAH: “One does not explain sexual aberrations to three {persons},” etc. Rebbi Abba in the name of Rav Jehudah: This is Rebbi Aqiba’s, but following Rebbi Ismael [If there can be no public discussion about the rules concerning sexual aberrations, there can be no disagreement about these rules. This is acceptable following R. Aqiba who derives prohibition for both the active and the passive homosexual from Lev. 18:22, noting that the unvocalized verb can be read both in active and in passive voices (cf Sanhedrin 7:9, Note 176.) But R. Ismael who denies that Lev. 18:22 contains a prohibition of passive homosexuality does derive the prohibition from an intricate derivation involving verses which on the face of it do not describe deadly sins. Therefore he must invite public discussion of his position. The Babli 11b considers the Mishnah as a moral precept, not an enforceable ruling.] ? Since Rebbi Ismael states warnings to the actors [Sanhedrin 7:9, Notes 177–181; Babli Sanhedrin 54b.] . Since Rebbi Immi was sitting and stating a warning for active homosexual and a warning for the passive homosexual, this implies that practice follows Rebbi Ismael [The Amora was openly teaching R. Ismael’s opinion as authoritative; the first clause in Mishnah 1 is not accepted.] .
“Nor the Creation to two.” Rebbi Abba in the name of Rav Jehudah: This is Rebbi Aqiba’s, but following Rebbi Ismael one investigates what happened. Since Rebbi Jehudah bar Pazi was sitting and explaining that originally the world was water in water; this implies that practice follows Rebbi Ismael. Rebbi Jehudah bar Pazi was preaching [The original meaning of דרש “to investigate” has been changed into the later Amoraic-Medieval “to preach” and the interpretation of the Mishnah changed accordingly.] : Originally the world was water in water. What is the reason? God’s wind was hovering over the water [Gen. 1:2.] . Then He turned it into snow, He throws his ice like small breads [Ps. 147:17.] . Then He turned it into land, for He will tell the snow, be land [Job 37:6.] . And the land stands on water, to Him Who spreads the earth over the water [Ps. 136:6. Babli 12b.] . And the water stands on mountains, on mountains shall the water stand [Ps. 104:6.] . And the mountains stand on wind, behold the Maker of mountains and Creator of wind [Am. 4:13.] . And the wind depends on storm, the wind storm executes His word [Ps. 148:3] . And the Holy One, praise to Him, turned storm into a kind of amulet and hung it on His arm, as it is said, and below eternal arms [Deut. 33:27.] .
Behold the Maker of mountains and Creator of wind, etc. This is one of six verses which Rebbi was reading and crying [Attributed to other authors in the Babli, 4b. For the next three verses, the problem is that by their text reward for exemplary behavior is not guaranteed.] . Implore the Eternal, all the meek of the Land [Soph. 2:3.] , etc. Hate evil and love goodness, [Am. 5:15.] etc. He shall put dust in his mouth [Thr. 3:29.] , etc. For all deeds [Eccl. 12:14.] , etc. Samuel said to Saul, why did you irritate me [1Sam. 28:15.] , etc. He said to him, you should not have angered your Creator by me. You made me your idol. Do you not know that just as the worshipper is punished, the worshipped is punished? Not only this but I was thinking that this was the Day of Judgment and I was afraid. And is that not an inference de minore ad majus, if Samuel, the teacher of the Prophets, about whom it is written, all of Israel knew, from Dan to Beer Sheva [1Sam. 3:20.] , etc., was afraid of the Day of Judgment, so we so much more? And this behold the Maker of mountains and Creator of wind, even matters which are not sinful are written for everybody [Babli 5b.] on his writing tablet [Greek πίναξ.] . And who tells to a person? The breath of his mouth. Rebbi Ḥaggai in the name of Rebbi Jabes. The Maker of mountains and Creator of wind. Rebbi Ḥaggai in the name of Rebbi Jabes, those Sepphoreans, “chaos” is darkness and murkiness [The last two sentences which probably are corrupt seem to explain the word “chaos” in Gen. 1:2.] .
Rebbi Jehudah bar Pazi in the name of Rebbi Yose ben Rebbi Jehudah: Hadrian asked Akylas the proselyte [Who according to tradition was a relative of the later Emperor Hadrian. As translator he is dated almost a generation earlier (Megillah 1:11, Note 299).] , is it true that you are saying that this world rest on the spirit? He told him, yes. He said to him, how can you show this to me? He told him, bring me noble camels. He brought him noble camels. He loaded them with their loads, let them stand up and lie down, lifted them and strangulated them. He told him, here they are, raise them. He said to him, after you strangulated them? He told him, I did not remove anything from them, is it not the spirit which left them?
“Nor the Chariot [The details of the Divine Throne as described in the first Chapter of Ezechiel.] to one.” Is this still Rebbi Aqiba’s? It is the opinion of everybody, so that a person know how to take care of the glory of his Maker. Did not Rav say, nobody is permitted to pronounce anything (about skin disease) [against his teacher] [The corrector’s [text] arose from a misunderstanding of the argument and has to be deleted. The scribe’s (text) is based on the observation that the rules of impurity of skin disease are given an important place in Lev. 13–14, but already at the time of the Mishnah were not identifiable as specific illnesses. While it is important to be acquainted with the interpretation of two full Chapters in the Torah, this must be restricted to memorizing the traditional interpretations. A person is empowered to add his own statement only if he was confronted with an actual case. The same holds with the Heavenly Chariot. Unless he had his own vision, the reality behind Ezechiel’s verses remains closed to him, and any statement which adds to study material is presumptuous assertion of false, since unknowable, statements.] unless either he saw or he served. How does one proceed? At the start his teacher indicates the topics of the verses and summarizes [The traditional interpretation of the verses.] . Rebbi Ḥiyya in the name of Rebbi Joḥanan: Rebbi had a competent student who explained one Chapter in the Work of the Chariot to which Rebbi did not concur; he was stricken with scabies. This teaching may be compared to two roads, one of fire and the other of snow. If he takes one he dies in fire, if he takes the other he dies in snow. What should he do? Walk in the middle [Learn the traditional interpretation and refrain from adding to it.] .
[Babli 14b; Tosephta 2:1.] It happened that Rabban Joḥanan ben Zakkai was on the road, riding on a donkey, and Rebbi Eleazar ben Arakh was walking behind him. He said to him, my teacher, instruct me in a Chapter about the Work of the Chariot. He told him, did the Sagen not state, “nor the Chariot [The details of the Divine Throne as described in the first Chapter of Ezechiel.] unless he was wise and understood by himself.” He said to him, my teacher, permit me to say it before you. He told him, say. When Rebbi Eleazar ben Arakh started about the Work of the Chariot, Rabban Joḥanan ben Zakkai descended from the donkey. He said, it is not appropriate that I should hear about the glory of my Creator riding on a donkey. They went and sat under a tree, when fire descended from Heaven and surrounded them, and the angels of Service were dancing before them like wedding guests happy with the bridegroom. An angel addressed from inside the fire and said, the Work of the Chariot is as you said, Eleazar ben Arakh. Then all trees (around them) [opened their mouths] and sang; then all trees of the forest will sing [Ps. 96:12.] . When Rebbi Eleazar ben Arakh finished with the Work of the Chariot, Rabban Joḥanan ben Zakkai rose, kissed him on his head, and said: Praised be the Eternal, the God of Abraham, Isaac, and Jacob, who gave a wise son to our father Abraham who knows to speak of the Glory of our Father in Heaven. They are good speakers who do not act well, those who act well but are no good speakers. Eleazar ben Arakh speaks well and acts well. Hail to you, our father Abraham, that Eleazar ben Arakh came from your loins. When Rebbi Yosef Hakohen and Rebbi Simeon ben Nethanael [Cf. Mishnah Avot 2:8.] heard, they also started with the Work of the Chariot. They said, it was one day after the summer solstice; the earth trembled and the Arc appeared in the cloud. An unembodied voice came and said to them, the place is free and the triclinium prepared for you. You and your students are invited to the third group. This parallels him who said, seven enjoyments are before Your presence [Ps. 16:11.] , there are seven groups of just people in the Future World [Who are worthy to see God’s glory, Lev. rabba 30(2).] .
[Babli 15a.] It also happened that Rebbi Joshua was on the road when Ben Zoma came towards him. He greeted him but he did not answer. He asked him, from where and whence, Ben Zoma? He told him, I was observing the Creation, and the distance between the upper waters and the lower waters is (one) [a full] [The corrector’s text certainly is erroneous. It uses Babli general language but contradicts the Babli here. While the Talmudim recognize units of measurement smaller than the hand-breadth, e. g., finger-widths, unless numbers are given “a hand-breadth” means a small distance of indeterminate size.] opening of a hand-breadth. It says here “hovering”, and it says there, as an eagle watches his nest, over his chicks he hovers [Deut. 32:11.] . Since in case of the hovering mentioned there it means barely touching, so the hovering mentioned here means barely touching. Rebbi Joshua said to his students, Ben Zoma is out. It was only a few days that Ben Zoma passed away.
Rebbi Jehudah bar Pazi in the name of Rebbi Yose ben Rebbi Jehudah: Three lectured their teachings [About the Work of the Chariot.] in front of their teachers: Rebbi Joshua in front of Rabban Joḥana ben Zakkai, Rebbi Aqiba in front of Rebbi Joshua, Ḥananiah ben Ḥakhinai in front of Rebbi Aqiba. From there on their mind was not pure [Studies of Ez. 1 were no longer tolerated.] . Four entered the Garden [Gnostic interpretations.] , One peeked and was hurt; one peeked and died; one peeked and cut saplings, one entered in peace and left in peace. Ben Azzai peeked and was hurt; about him the verse says [Prov. 25:16. The implication is that eating more than his fill is dangerous.] , if you found honey, eat your fill. Ben Zoma peeked and died, about him the verse says [Ps. 116:15.] , dear in the Eternal’s eyes is the death of his pious. Aḥer peeked and cut saplings. Who is Aḥer? Elisha ben Abuya, who killed the children of Torah. They said, if he saw a student excelling in Torah he killed him. Not only this, but he went to the school house and saw children in front of their Bible teacher. He said, what are these sitting doing here? The profession of this one is builder, the profession of this one is carpenter, the profession of this one is hunter, the profession of this one is tailor. When they heard this, they left him [The teacher.] and went away. About him the verse says [Eccl. 5:5.] , do not let your mouth make your flesh sin [This quote seems to support Y. Kutscher’s suggestion that “Aḥer” does not mean “the other” but “the one in heat”, since “flesh” describes the male organ.] , etc.; for he destroyed the deeds of himself. Also in the time of religious persecution they [The Romans, during the Hadrianic persecutions.] made them [The Jews.] carry loads. They [The Jews.] intended that two together should carry one load, because of two persons who performed one work [It is implied that the Jews were forced to carry on the Sabbath. Two people carrying one load do not break a biblical prohibition. Cf. Šabbat Chapter 1, Note 105.] . He [Elisha ben Abuya.] said, make them carry singly. They [The Romans, during the Hadrianic persecutions.] went and made them carry singly. They [The Jews.] intended to unload in karmelit, in order not to carry from a private to a public domain [To avoid breaking a biblical prohibition, Šabbat Chapter 1, Note 73.] . He [Elisha ben Abuya.] said to them [The Romans, during the Hadrianic persecutions.] , let them carry flasks; they made them carry flasks [To be transported from one private domain to another through public domain, a biblical infraction.] . Rebbi Aqiba entered in peace and left in peace; about him the verse says [Cant. 1:4. Babli 15b.] , draw me, I shall run after you, etc.
[The legend of Aḥer is also found in Ruth rabba 6(6), Eccl. rabba 7(18); partially Babli 15a/b. Note that Aḥer’s birth is dated both to Jerusalem before the first war against the Roman as also to the ascendancy of RR. Eliezer and Joshua after the death of Rabban Joḥanan ben Zakkai about 80CE. His apostasy is dated to the Hadrianic persecutions after 130, and his unmarried daughters appear before Rebbi not before 180.] Rebbi Meïr was sitting and preaching in the House of Study of Tiberias when his teacher Elisha passed by riding on a horse on the Sabbath. They came and told him, your teacher is outside. He stopped his sermon and went out to him. He asked him, what did you preach today? He told him, and the Eternal blessed the end [Job 42:12.] etc. He asked him, what did you explain about this? He answered him, and the Eternal added double all that Job had owned [Job 42:10.] ; that he doubled his money. He said, woe for those who are lost and not found, your teacher Aqiba did not preach this but, the Eternal blessed the end of Job from his beginning, by the merit of commandments and good works which were in his hand from his beginning. He asked him, and what did you preach further? He told him, the end of a matter is better than the beginning [Eccl. 7:8.] . He asked him, what did you explain about this? For example, a man who had children in his youth but they died, and in his old age they lived; that is the end of a matter is better than the beginning. For example, a man who traded in his youth and lost, and in his old age and gained; that is the end of a matter is better than the beginning. For example, a man who studied Torah in his youth and forgot, in his old age he remembered; that is the end of a matter is better than the beginning. He said, woe for those who are lost and not found, your teacher Aqiba did not preach this but, the end of a matter is good from the beginning, in case it is good from the start, and this applies to me. My father Abuya was one of the leading Jerusalemites. On the day he came to circumcise me he invited all the leading Jerusalemites and sat them in one room, and Rebbi Eliezer and Rebbi Joshua in another room [Cf. Note 56.] . After they ate and drank they started to clap with their hands and dance. Rebbi Eliezer and Rebbi Joshua said, while they are occupied in theirs let us be occupied with ours. They sat occupied with words of the Torah, from the Torah to Prophets, from Prophets to Hagiographs. Fire descended from Heaven and surrounded them. Abuya told them, my teachers! Why do you come to burn down my house? They told him, Heaven forbid! But we were sitting reviewing the words of the Torah, from the Torah to Prophets, from Prophets to Hagiographs, and the words were joyful as at their giving on Sinai. And was the main giving on Sinai not in fire? And the Mountain burns in the fire up to the heart of Heaven [Deut. 4:11.] . My father Abuya told them, my teachers! If that is the power of Torah, if this son of mine survives I dedicate him to Torah. Because his intent was not for Heaven, it did not succeed with this man. He asked him, and what did you preach further? He told him, it cannot be valued by gold or glass [Job 28:17.] . He asked him, what did you explain about this? He told him, the words of the Torah are as difficult to acquire as golden vessels, and as easy to lose as glass vessels. And like golden and glass vessels when they are broken he can make them vessels as before, also the student of the Sages who forgot his learning can learn it anew. He said to him, this is enough, Meïr, up to here is the Sabbath domain. He asked him, how do you know? He told him, from the horse’s hooves which I continuously counted for 2’000 cubits. He said to him, all that wisdom is in you and you do not repent? He told him, I cannot. He asked him, why? He told him, once I was passing by the Holiest of Holies riding on a horse on the Day of Atonement which fell on a Sabbath and I heard an unembodied voice coming from the Holiest of Holies, saying, return, erring children [Jer. 3:14,22.] , except for Elisha ben Abuya who knew My power and rebelled against Me. And all that came to him because he was sitting memorizing in the valley of Genezareth and saw a man climbing to the top of a date palm taking the mother with the chicks and descending safely. The next day he saw another man climbing to the top of a date palm, taking the chicks and sending away the mother. When climbing down he was bitten by a snake, and he died. He said, it is written [Deut. 22:7.] , sending away you shall send the mother, but the chicks you may take for yourself, so it will be good for you and prolong your days. Where is the good for this one? Where is the prolongation of days of this one? He did not know that Rebbi Jacob had explained it preceding him [Tosephta Ḥulin 10:16.] , so it will be good for you in the future world which is all good, and prolong your days, in the future which is all long. But some are saying, because he saw the tongue of Rebbi Jehudah the baker in the mouth of a dog, oozing blood. He said, is this the Torah and this is its reward? This is the tongue which was delivering the words of the Torah correctly; this is the tongue which occupied itself with Torah all its days; [is this the Torah and this is its reward?] It appears that there is no reward and no resurrection of the dead. But some are saying, when his mother was pregnant with him she passed by pagan temples and smelled of this kind. And this smell was bubbling in her body like the poison of a viper. Later Elisha fell sick. They came and informed Rebbi Meïr, your teacher is sick. He went to visit him and found him sick. He asked him, are you not repenting? He asked, and if one repents, is one accepted? He told him, is it not written, man shall repent up to extinction [Ps. 90:3.] , one receives up to the extinction of the breath. At that moment Elisha cried, passed away, and died. Rebbi Meïr was happy internally and said, it seems that my teacher passed away repentant. After they buried him, fire descended from Heaven and burned his grave. They came and informed Rebbi Meïr, your teacher’s grave is on fire. He went to visit it and found it burning. What did he do? He took his kaftan and spread it over it. He said, stay for the night [Ruth 3:13.] , etc. Stay for this world which compares to the night, and it will be in the morning, this is the Future World which is all morning, if the Good One will redeem, this is the Holy One, praise to Him, who is Good, as it is written [Ps. 145:9.] , the Eternal is good to all, and His mercies are on all His creatures. And if He does not want to redeem you I shall redeem you, living is the Eternal [Ruth 3:13.] , and it was extinguished. They asked Rebbi Meïr, if they ask you in that World, whom do you want to visit, your father or your teacher? He told them, I shall visit my teacher first and afterwards my father. They said, will they listen to you? He told them, did we not state [Mishnah Šabbat 16:2.] , “one saves the case of a scroll with the scroll, and the case of phylacteries with the phylacteries”? One saves Elisha Aher by the merit of his Torah. Later his daughters went to take charity from Rebbi. Rebbi decided and said, nobody shall show him grace nor be friendly to his orphans [Ps. 109:12.] . They told him, Rebbi. Do not look at his deeds, do look at his Torah. At this moment Rebbi cried and decided for them that they be provided for [This usually means to be given a dowry for a decent marriage.] . He said, if this one who toiled in Torah not for Heaven’s sake, see what he produced [He raised a good Jewish family.] ; one who toils in the Torah for itself not so much more?
Rebbi Eleazar in the name of Siracides: What is beyond you do not have to know, what is deeper than the abyss do not investigate. Ponder what is permitted to you; you have no concern with hidden things [Siracides3:21–22. Babli 13a.] . [For the following, including the next paragraph, cf.Gen. rabba1(7).] Rav said, may lying lips be אלם [Ps. 31:19.] : may they become dumb, be rubbed out, silenced. May they become dumb, as you are saying, the Eternal said to him, Who formed a mouth [Ex. 4:11, mentioning deafness and dumbness.] etc. May they be rubbed out, as you are saying, here we were tying sheaves [Gen. 37:7. Reading the word for “sheaf” as “assembly of single stalks”.] . May they be silenced, as it is understood. Which talk boasting about a just one [For the following, including the next paragraph, cf.Gen. rabba1(7).] , who talk about the Universal Just One in matters which He hid from His creatures. With haughtiness and contempt [Ps. 31:19.] , that is he who is haughty to say, I am investigating the Creation. He feels like haughty but only is insulting.
Rebbi Yose ben Ḥanina said, one who aggrandizes himself by the disgrace of another person has no part in the Future World. He who aggrandizes himself by the glory of the Universal Living not so much more? What is written afterwards [Ps. 31:21.] ? How great is the good which You hid for those who fear You. He may not have part in the great good. Rebbi Levi said, it is written [Prov. 25:2.] , the glory of God is hiding things, etc. The glory of God is hiding things, before the world was created; the glory of kings is investigating things, after the world was created. Rebbi Levi said, do you know what happened earlier, but you since human was put on the earth [Job 20:4.] .
Rebbi Jonah [in the name of] Rebbi Abba: It is written [Deut. 4:32.] , but ask the first days which were before you, I could think before the Creation. The verse says, from the day that God created Man on the Earth. I could think starting with the Sixth Day, the verse says, the first. After the verse added, it subtracted. Therefore we infer from the Sixth. Since the Sixth is particular that it is one of the Six Days of Creation, also you may not bring to me only ones similar to the Sixth. I could think, to know what is higher than heaven and lower than the abyss, the verse says, from end of heaven to end of heaven. But before the world was created you may investigate privately; after the world was created your voice may go from one end of the world to the other end [Meaning that one is permitted to publicly preach about this subject anywhere.] . Bar Qappara stated, “and from the day.” It comes that Rebbi Jehudah bar Pazi [The original meaning of דרש “to investigate” has been changed into the later Amoraic-Medieval “to preach” and the interpretation of the Mishnah changed accordingly.] parallels Bar Qappara, and what Rebbi Ḥiyya stated [Tosephta 2:7, Babli 11b; Gen. rabba1(13).] parallels Rebbi Abba.
[Gen. rabba 1(14).] Rebbi Jonah in the name of Rebbi Levi: The world was created with Bet. Since Bet is closed from all sides but open from one side, you have no right to investigate what is above, what is below, what is before, and what is after, except starting with the day the world was created and onwards. One asks the Bet, who created you? It points out to them its point and says, this One above. And what is His Name? It points out to them its back point and says, the Eternal is His Name [Ex. 15:32.] , “Master” is His Name. Another explanation. Why by Bet? Because it is an expression of blessing, but not by Alef, which is an expression of accursed. The Holy One, praise to Him, said, I shall only build My world with Bet, so that the creatures should not say, how could the world remain standing if it was created in an expression of accursed. Therefore I shall create it with Bet, and expression of blessing, so it shall have a chance to endure.
[Gen. rabba 12(9).] Rebbi Abbahu in the name of Rebbi Johanan: With two letters two worlds were created, this world and the Future World. [One by He and one by Yud.] What is the reason? For in Yah, the Eternal is the Rock of Worlds [Is. 26:4.] . However, we did not know which one was created by He and which one by Yud. But from what is written, these are the outcomes of Heaven and Earth in their being created [Gen. 2:4.] , He created them by He. This implies that this world was created by He, and the Future World was created by Yud. [Babli Menaḥot 29b.] Since He is (missing) [open] below, it is a hint for all creatures that they will descend to the pit. Since He has a point on top, from the moment they descend they ascend. Since He is open from all sides, so He opens a door to all who repent. Since Yud is curved, so all creatures should be bent. All faces turned yellow [Jer. 30:6.] . When David saw this, he started to acclaim by two letters, praise Yah, praise, the servants of the Eternal, praise the Name of the Eternal [Ps. 113:1.] .
[Gen. rabba 12(9), 1(7). Babli 16a.] Rebbi Yudan the Patriarch asked Rebbi Samuel bar Naḥman: What means that which is written, Prepare a way for the rider on clouds, His name YH, and jubilate before Him [Ps. 68:5.] . He told him, there is no place which does not have one appointed over its life [An otherwise undocumented feminine of Greek m. βίος “life”.] . And who is appointed over the lives of all? The Holy One, praise to Him. His name YH, His name: Βια. Rebbi Eleazar told him, your teacher [R. Jonathan.] was not explaining in this way, but {a parable} of a king who built a palace on a place of sewers, a place of dung heaps, a place which stinks. One who comes and says, this palace is at a place of sewers, a place of dung heaps, a place which stinks, does he not detract? So he detracts who says, originally the world was water in water [The original meaning of דרש “to investigate” has been changed into the later Amoraic-Medieval “to preach” and the interpretation of the Mishnah changed accordingly.] . {A parable} of a king’s orchard and an observation deck built on it, to look at it but not to touch [The orchard is the world, the observation deck is Scripture, which may be enjoyed but may not be used to gain knowledge of the working of the Creation; forbidding Gnosticism.] .
[Gen. rabba 1(21), Lev. rabba 36(1), Midrash Samuel 5[1]. The Midrashim seem to be the original source since they apply R. Eleazar ben R. Simeon’s final statement to other pairs of notions.] The House of Shammai are saying, heaven was created first and afterwards earth. But the House of Hillel are saying, earth was created first and afterwards heaven. These are bringing proof for their assertion, and those are bringing proof for their assertion. What is the reason of the House of Shammai? In the Beginning God created heaven and earth [Gen. 1:1.] . {A parable} of a king who made a chair. After he had made it he made its footstool [Greek ‘υποπόδιον.] : the Heavens are My throne and the Earth My footstool [Is. 66:1.] . What is the reason of the House of Hillel? On the day of the Eternal’s, God’s, making of earth and heaven [Gen. 2:4.] {A parable} of a king who made a palace. After he built the foundations he built the upper structure: also My left hand founded the Earth and My right hand tended the Heavens [Is. 48:13.] . Rebbi Jehudah bar Pazi said, also the following supports the House of Hillel: in earlier times You founded the Earth, and the Heavens are the work of Your hands [Ps. 102:26.] . Rebbi Ḥanina said, from the place from where the House of Shammai prove their assertion, from there the House of Hillel remove them. What is the reason of the House of Shammai? In the Beginning God created heaven and earth. From there the House of Hillel remove them: and the earth was [Gen. 1:2.] , it already was. Rebbi Joḥanan in the name of the Sages: As for creation, the heaven preceded. As for perfecting, the earth preceded. As for creation, the heaven preceded, in the Beginning God created. As for perfecting, the earth preceded, on the day of the Eternal’s, God’s, making of earth and heaven. According to the House of Shammai, the heaven after the First waited three days, First, Second, Third, to have offspring. On the Fourth, there shall be lights [Gen. 1:14.] . According to the House of Shammai, the sea after the Second waited three days, Second, Third, Fourth, to have offspring. On the Fifth, the waters shall teem [Gen. 1:20.] . According to the House of Shammai, the earth after the Third waited three days, Third, Fourth, Fifth, to have offspring. On the Sixth, the earth shall produce [Gen. 1:24.] . According to the House of Hillel, the earth after the First waited two days, First and Second, to have offspring. On the Third, the earth shall be covered with grass. According to the House of Hillel, the sea after the Third waited two days, Third and Fourth, to have offspring. On the Fifth, the waters shall teem. Rebbi Simeon ben Yohai said, I am wondering how the fathers of the world could disagree about the creation of the world. Heaven and earth were only created like a pan [Greek λοπάς.] and its cover. What is the reason? Also My left hand founded the Earth and My right hand tended the Heavens [The argument is from the end of the verse, not quoted: I am calling to them, they shall stand together.] . Rebbi Eleazar ben Rebbi Simeon said, following this, my father’s opinion, sometimes heaven precedes earth, sometimes earth precedes heaven, which teaches that they are equivalent one to another.
MISHNAH: Yose ben Yoezer [The pairs enumerated here were the joint heads of the Pharisaic leadership from Hasmonean to Herodian times, as enumerated in Avot, Chapter 1.] says not to lean on [The verse requires that the owner of a well-being sacrifice lean with his hands on the animal before it is slaughtered (Lev. 3:2,7,13), but there is no indication that omission of the ceremony would in any way disqualify the sacrifice. By tradition, the owner has to push down on the animal with all his force. Doing this on a holiday is at least rabbinically forbidden as illegitimate use of an animal. Now it is explained in Eruvin Chapter 10 that most, but not all, rabbinic restrictions on Sabbath and holidays were disregarded in the Temple. The disagreement is whether the prohibition to push down on an animal is observed in the Temple for holiday sacrifices offered on a holiday or not.] , Yose ben Joḥanan says to lean on. Joshua ben Perahia says not to lean on, Matthew from Arbel says to lean on. Jehudah ben Tabbai says not to lean on, Simeon ben Shetah says to lean on. Shemaiah says to lean on, Avtalion says not to lean on. Hillel and Menaḥem did not disagree. Menaḥem left and Shammai entered; Hillel says to lean on, Shammai says not to lean on. The first ones were Patriarchs, the second Presidents of the Court.
HALAKHAH: Originally the only disagreement in Israel was about leaning on. Then rose Hillel and Shammai and made it four [The disagreement noted here and those reported in Mishnaiot Idiut 1–3.] . After the students of the House of Shammai and students of the House of Hillel increased who did not sufficiently serve their teachers, disagreements increased in Israel and they were split into two sects; these declare impure and those declare pure, and the prior state will not be reconstituted until the arrival of David’s son [The Messiah.] .
[Babli 16b.] Rebbi Ḥiyya in the name of Rebbi Joḥanan: Rabbinic Sabbath prohibitions shall not be unimportant in your eyes, since leaning on is only a meritorious act and the fathers of the world disagreed about it. Rebbi Yose said, this implies that one has to press down with all his weight. If it were not so we would have to say that it is forbidden to touch an animal on the Sabbath.
“Hillel and Menaḥem did not disagree. Menaḥem left and Shammai entered.” Where did he leave to? Some are saying, from behavior he left to behavior [In the Babli 16b: He left to bad behavior, which certainly means that he rejected Pharisaic Judaism but leaves unanswered the question whether he became an apostate or an adherent of a competing sect.] . But some are saying, he left against his face [In the Babli: He left to work for the king (Herod.)] , he and eighty pairs of students of the Sages, wearing golden tirqe [A word of unknown meaning and etymology. In the Babli: silk garments, not appropriate for Pharisaic Sages.] , whose faces became black like the rim of a pot [A clay pot.] when they were told, write on a bull’s horn that you have no part in the God of Israel.
[This is a version of the text in Sanhedrin 6:5 (Notes 77 – 82), mainly following the Genizah text there.] We have stated: Jehudah ben Ṭabbai was Patriarch, and Simeon ben Shetaḥ President of the Court; there are Tannaim who switch. What happened in Alexandria supports him who said, Jehudah ben Tabbai was Patriarch. [The people of Jerusalem] wanted to appoint him Patriarch in Jerusalem. The people from Jerusalem did write: From the great Jerusalem to the small Alexandria: How long still will my betrothed live in your midst and I am sitting sorrowful about him? He took leave and started on a ship. He said, I remember the lady of the house who received us; what is she missing? One of his students told him, her eye is damaged. He told him, you have sinned twice; first that you suspected me, and second that you looked at her. Did I say that she was beautiful in looks? I only said that about her deeds. He was taking offense and he left [He died.] .
[Another version of the Simeon ben Shetaḥ legend. Corrector’s additions are from the version in Sanhedrin 6:5, Notes 83–96, q. v.] What happened in Ascalon supports him who said, Simeon ben Sheṭaḥ was president. Two pious men were in Ascalon. They ate together, drank together, and studied Torah together. One of them died, and nobody attended his funeral. The son of Ma`yan the publican died; the entire city stopped working to attend his funeral. The other pious man started crying and said woe, do the haters of Israel have no hope? He was shown in a dream that it was said to him, do not denigrate your Master’s children. This one committed one sin and died with it, the other one did one good deed and died with it [It is a general answer to the question צדיק ורע לו רשע וטוב לו “why do the just suffer and the wicked enjoy their lives?” that the wicked enjoy the rewards for their few good deeds and the just are punished for their few sins in this world, to create a clean slate for reward and punishment in the World to Come.] . What sin did this pious man commit? Far be it that he committed a sin, but once he put on his head phylacteries before his arm phylacteries [Ex. 13:9,16 require that the sign (tefillin, phylacteries) carried by the faithful be on the arm before being put on the head. The repetition emphasizes the importance of this feature.] . What good deed did the son of publican Ma`yan do? Far be it that he ever committed a good deed, but once he prepared a breakfast for the city council but they did not come to eat it. He said, let the poor eat it, so it should not go to waste. Some say, he was walking in the street when a loaf fell down from him [And he would not have eaten it afterwards.] and a poor person picked it up. He did not say anything [in order not to embarrass him]. After days this pious man saw his comrade the pious walking in gardens, in orchards, at water sources, and he saw the son of Ma`yan the publican with his tongue out on the river bank trying in vain to reach the water. He also saw Miriam, Onion-leaf’s daughter. Rebbi Eleazar bar Yose said, she was hanging on her breast nipples. Rebbi Yose ben Ḥanina said, the hinge of Hell’s door was fixed in her ear. He asked them, why? They told him, because she fasted and made herself famous [Fasting without repentance is sinful (Nedarim 9:1 Note 25.)] . Some say, she fasted one day and was dissolute two. He asked them for how long is she in this state? They told him, until Simeon ben Shetah comes, when we shall remove it from her ear and put it in his ear. [He asked them, and why?] They told him, because he said, that if I would be elected Patriarch, I would kill sorcerers. But now he was made Patriarch and he did not kill them. In fact, there are eighty women sorcerers in the cave of Ascalon who hurt the world. You shall go and tell him! He told them, I am afraid that since he is Patriarch he will not believe me. They told him, if he will believe you it will be good. In case that he will not believe you, perform a sign in front of him: put your hand on an eye and take it out, put it back and it will be back. He went and told him. He wanted to perform [the miracle] before him, but he told him, I know that you are a pious person; more than that you could do. In fact, I never spoke it with my mouth [Ps. 113:1.] even though I intended so in my thoughts. Immediately Simeon ben Shetaḥ went on a stormy day and took with him eighty select men. He gave them eighty clean garments, put them in eighty new amphoras, and put them on them upside down. He told them, when I whistle once, put on your garments. When I whistle for the second time, come in all of you together. When you enter, each of you shall choose one and lift her from the ground, since the nature of this sorcery is that separated from the earth it cannot do anything. He went and stood at the entrance to the cave. He said אוים, אוים [The meaning of these words is unknown. Cf. Sanhedrin 6:5, Note 93.] , open for me, I am one of yours. They asked, how did you come here on such a day? He said, I was walking between the raindrops. They asked him, what do you want to do here? He said, to learn and to teach. Every one should make what he is able to. One of them said what she said and produced bread. One of them said what she said and produced meat. One of them said what she said and produced dishes. One said what she said and produced wine. They asked him, what can you do? He told them, when I whistle twice, I shall bring here eighty select men for your pleasure and entertainment. They told him, that is what we desire. When he whistled the first time, they put on their garments; when he whistled for the second time, they all entered together. He said, every one who comes shall select his mate. They lifted them, took them away, and crucified them [A certain anachronism.] . That is what we have stated: “It happened that Simeon ben Shetaḥ hanged women in Ascalon. [They said, he hanged eighty women but one does not try two on the same day.” But the hour needed it [He acted under the king’s police powers, disregarding all judicial rules.] .]
It was stated [Babli Sanhedrin 46a, Yebamot 90b. In the Babylonian version is added: “not to transgress the Torah, but to make a fence around the Torah.” This means that the court must act under emergency rules covered by the police powers of the king (or assumed by the court in the absence of a legitimate government.)] . “Rebbi Eliezer ben Jacob said, I heard that one punishes not according to practice and punishes not according to Torah.” How far? Rebbi Eleazar ben Rebbi Yose said, up to a murmur [The court may act on hearsay.] . Rebbi Yose said, by witnesses, but without warning [He disputes that hearsay is ever accepted (except when expressly permitted as in the case of a husband who has disappeared) and always requires valid testimony. In emergency situations he permits rendering judgment if the criminal act was proven but not the criminal intent in that there is no proof that the perpetrator was warned by valid witnesses not commit the criminal act.] . It happened that one went on the road riding in his horse on the Sabbath. They brought him to court and stoned him. But was it not a rabbinic violation [While the rider broke the positive biblical commandment to let his animal rest on the Sabbath, this is not a prosecutable offense. Riding on the Sabbath or holiday is a rabbinic prohibition (Mishnah Yom Tov 5:2), not prosecutable by biblical standards and certainly not a capital crime.] ? But at the time [In the Babylonian texts: “in the times of the Greeks”. He was executed not for riding on his horse on the Sabbath but for showing support for the Seleucide party during the Maccabean wars.] it was needed. Also it happened that one went on the road together with his wife. He turned to behind a wall and satisfied his needs with her. They brought him to court and whipped him. But was it not his wife [No criminal act was committed.] ? But he behaved in a degrading way.
MISHNAH: The House of Shammai are saying, one brings well-being offerings and does not lean on them, but no elevation offerings [Since most of well-being offerings is consumed and the preparation of food is permitted on a holiday, there is no question that these may be brought on a holiday. As explained in Mishnah 2, the House of Shammai follow a long tradition which holds that biblically required but rabbinically prohibited leaning on the sacrificial animal may not be done in the Temple on a full holiday. Since nothing of elevation offerings is human food, on a full holiday they prohibit bringing private elevation offerings, even those biblically required as appearance offering.] . But the House of Hillel are saying one brings well-being and elevation offerings and leans on them [Both the appearance offering as elevation offering and the holiday well-being offerings are biblically required on the holiday, which means the full holiday, as exemplified by Pentecost which is only one day. Therefore the House of Hillel admit both kinds of offerings on the full holiday and disregard the rabbinic prohibition of leaning on since most rabbinic prohibitions are disregarded in the Temple.] .
HALAKHAH: [This Halakhah is Yom Tov 2:4, explained there in Notes 56–84.] The House of Shammai say, irregular leaning-on was permitted. But the House of Hillel say, irregular leaning-on was not permitted. What is irregular leaning-on? From the day before. Rebbi Ze`ira said, everybody agrees that he did not fulfill his obligation regarding the reparation offering of a sufferer from skin disease if he leaned on the day before; he fulfilled his obligation with voluntary well-being offerings for which he leaned on the day before. Where do they disagree? The festival well-being offerings. The House of Shammai treat them like voluntary well-being offerings; the House of Hillel treat them like the reparation offering of a sufferer from skin disease. Rebbi Yasa said, that what you are saying, he did not fulfill his obligation regarding the reparation offering of a sufferer from skin disease if he leaned on the day before, {only} on time. If its time has passed it becomes like holiday well-being offerings.
“The House of Hillel said to the House of Shammai: Since at a time when I forbid to the private person I am permitting it for Heaven, when it is permitted for the private person is it not logical that it be permitted for Heaven? The House of Shammai said to them, vows and voluntary gifts are proof, since they are permitted to the private person but forbidden to Heaven. The House of Hillel said to them, no. If you are speaking about vows and voluntary gifts which have no fixed time, what does this imply for the festival offering which has a fixed time? The House of Shammai answered them, the festival offering has no fixed time since if he did not offer it on the first day, he may offer it on the second day, if he did not offer it on the second day, he may offer it on the third day. The House of Hillel told them, the festival offering has a fixed time, for if he did not offer it on the holiday of pilgrimage he may not offer it after the holiday. The House of Shammai said to them, is it not already said: only what can be eaten by any person this alone may be made for you [Ex. 12:16.] ? The House of Hillel answered them, is that a proof? For you it may not be made, [but] it is made for Heaven. Abba Shaul says it was based on another reason: Since when your stove is closed down, your Master’s stove is open, when your stove is open it only is logical that your Master’s stove should be open. Another explanation: It is not in order that your table should be full but the table of your (Master) [Creator] be empty.”
Rebbi Yose ben Rebbi Abun said, Rebbi Simeon ben Laqish was passing by the school when he heard them reciting the verse [1Chr. 29:21.] , they sacrificed animal sacrifices and brought elevation sacrifices the next day. He said, he who interrupts follows the House of Shammai; he who reads it as one sentence follows the House of Hillel. One understands elevation sacrifices the next day; but well-being sacrifices the next day? Are not well-being sacrifices brought following the House of Shammai? Rebbi Yose ben Rebbi Abun said, David died on Pentecost; all of Israel were deep mourners and they brought the next day.
“It happened that Hillel the Elder brought his elevation offering to the Temple courtyard and leaned on it. The students of the House of Shammai ganged up on him. He started to wag its tail, said to them, look, it is a female and I brought it as well-being sacrifice, and kept them talking about other matters until they left. After some time the House of Shammai became strong and they wanted to fix practice following their words. There was there Bava ben Buta from the students of the House of Shammai who realized that practice followed the House of Hillel. Once he entered the Temple courtyard and found it desolate. He said, the house of those who make our God’s House desolate shall be desolate. What did he do? He sent and brought 3’000 young lambs from Qedar sheep, checked them for defects, and displayed them on the Temple Mount. He said to them, listen to me my brothers, the House of Israel. Anybody who wants to bring an elevation sacrifice may bring it and lean on it, to bring a well-being sacrifice may bring it and lean on it. At that moment, practice was fixed following the House of Hillel; and nobody said anything.” Rebbi Isaac ben Rebbi Eleazar said, this cup for breakfast has to be full [Deut. 4:32.] ; the worm in the wood comes from itself; any coal which does not cause a burn at the start will not cause one. “Again it happened that a student of Hillel brought his elevation offering to the Temple courtyard and leaned on it. A student of Shammai saw him and said to him, what is this leaning-on? He said to him, what about being silent? He silenced him by a reprimand and he left.”
MISHNAH: If Pentecost falls on a Friday, the House of Shammai are saying that its slaughter-day is after the Sabbath [Since the House of Shammai do not permit the elevation offerings to be brought on Friday, which is the holiday, nor on the Sabbath when they are biblically prohibited, they must declare Sunday as a minor holiday similar to the intermediate days of Passover and Tabernacles.] , but the House of Hillel are saying that it has no slaughter-day. [Since the holiday is only one day, every pilgrim is asked to bring all his offerings on the holiday itself.] They agree that if it falls on the Sabbath that its slaughter-day is after the Sabbath; the High Priest does not wear his garments, and one is permitted eulogies and fasting, in order not to support the words of those who are saying that Pentecost is on Sunday [In this case (which is excluded in the computed calendar), no private slaughter is possible on the holiday itself. It may not be done in advance of the holiday (Halakhah 1:4, after Note 131). Therefore the first day available for the pilgrimage offerings is Sunday. While in the biblical text Pentecost is a purely agricultural holiday, the start of the wheat harvest, both in Pharisaic as in standard Sadducee (as given in the Book of Jubilees) interpretation it is the anniversary of the theophany on Sinai and therefore the anniversary of the creation of the organized Synagogue. Only the otherwise unremarkable sect of the Boethusians insist on counting the fifty days starting from a Sunday, therefore having Pentecost on a Sunday but its calendar date variable and not available as the anniversary of anything. Since by the time of the formulation of the Mishnah Boethusians long had disappeared, one may consider these rules as intended against Christian practice which manages to combine the Boethusian variable date with the interpretation as anniversary of the founding of the Chuch. The High Priest is prevented from serving on that day, to avoid that the day be considered festive in any way. Similarly, even though the day is an extension of the holiday, one is invited to treat it as a regular weekday on which eulogies and fasts are permitted.] .
HALAKHAH: “If Pentecost falls on a Friday, the House of Shammai are saying that its slaughter-day is after the Sabbath, but the House of Hillel are saying that it has no slaughter-day.” But its day is its slaughter-day. Here the House of Shammai are saying, its slaughter-day is after the Sabbath, and the High Priest (wears) [does not wear] his garments (?) [The scribe’s text (in parentheses) has to be accepted. The [corrector’s] seems to be based on a misunderstanding of the text. The statement about the High Priest is formulated in the name of the House of Hillel. Is it rejected by the House of Shammai? The House of Shammai would have had to object to the rule formulated by the House of Hillel if they still had existed at a time when Christianity had become an factor.] [.] It is an argument de minore ad majus. Since in a time where there are well-being and elevation offerings following the House of Hillel the High Priest does not wear his garments, in a time when there are no well-being and elevation offerings following the House of Shammai, not so much more?
[This paragraph is copied from Megillah 1:3, Notes 134–140.] One verse says, the harvest festival, the first fruits of your work [Ex. 23:16.] . Another verse says, any productive work you shall not do [Lev. 23:21.] . Rebbi Ḥanania said, how could both verses be sustained? If it falls on a weekday you bring the festival offering and refrain from work. If it falls on the Sabbath, the following day you bring the festival offering and harvest. Rebbi Yose ben Rebbi Bun said, only ears for her dough. As what was stated, “therefore anybody who has an obligation for wood and first fruits. He who says, I am taking upon me {to bring} wood for the altar and logs for the arrangement on that day is forbidden funeral orations, and fasts, and working.”
“They agree that if it falls on the Sabbath that its slaughter-day is after the Sabbath.” So the House of Hillel are saying, its slaughter-day is after the Sabbath. Whose are the hides [By biblical decree, the hides belong to the Cohanim serving at the moment of sacrifice, Lev. 7:8. Now on a holiday where all of Israel is commanded to appear in the Temple, all Cohanim also are asked to appear and therefore have equal claim to all hides of holiday sacrifices. But on all other days, only the watch of service of this week has a claim; in fact, only the clan serving on that very day. Therefore if the slaughter-day is treated as an extension of the holiday, all Cohanim must be admitted to service and the hides belong to all watches. But if it is a regular weekday, only the serving clan or, if its personnel is not sufficient, the serving watch are admitted to service and to receive the prebends.] ? Rebbi Tabi in the name of Rebbi Joshia: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, of all watches. Rebbi Simeon ben Laqish said, of this watch. And you are saying, its slaughter-day is after the Sabbath; whose are the hides? The disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish [Is it really a problem on Pentecost which falls on a Sabbath and the Cohanim on pilgrimage cannot leave the place of the Temple on the Sabbath and therefore are all available for service on the next day?] ? Rebbi Joḥanan said, Pentecost has all of seven days as make-up [Cf. Halakhah 1:1, Note 33. Babli 17a,b.] . Rav Hoshaia objected: was it not stated, just as the New Moon is one day after its count, to Pentecost is one day after its count? Rebbi La said, if he did not bring his holiday sacrifice on the first day, he may bring it all seven days [It is obvious that the pilgrimage offerings are holiday offerings, to be serviced by all Cohanim who therefore are entitled to their share of the hides.] .
[This text is from Yoma 1:1, Notes 184–190.] Rebbi Yose ben Rebbi Abun in the name of Rebbi Joshua ben Levi: Every day [Of the seven days of preparation.] the High Priest dresses in his robes [The eight garments prescribed for the High Priest.] , comes, and sacrifices the daily morning sacrifice. If there are vows or voluntary sacrifices [The legal difference between a vow and a voluntary offering, which also needs dedication, is that a vow is formulated as a personal obligation, “I am taking upon me the obligation to offer such and such a sacrifice.” In that case, if the animal selected for the sacrifice becomes disqualified for any reason, the maker of the vow has to bring a replacement. A voluntary offering is a dedication, “this animal shall be such-and-such a sacrifice.” If the animal becomes disqualified, no replacement is due.] , he offers them. Then he goes to his house, and returns to bring the daily evening sacrifice, and comes to stay overnight in the Palhedrin lodge. Rebbi Uqba in the name of Rebbi Joshua ben Levi: He did this only on Sabbath and holidays [He seems to imply every Sabbath and holiday during the year, including New Year’s Day and the Sabbath preceding the day of Atonement.] . There are Tannaim who state: the diadem [The diadem (Ex. 28:36–38) which is worn to eliminate iniquities of sancta, to legitimate sacrifices even if they do not completely satisfy the prescribed rules.] propitiates on his forehead. There are Tannaim who state: even in a corner. He who says, the diadem propitiates on his forehead, it always shall be on his forehead [Ex. 29:38.] . But he who says, even in a corner, from the Day of Atonement [When the High Priest officiates in white robes without the diadem.] . He who says, the diadem propitiates on his forehead, supports Rebbi Yose ben Rebbi Abun; he who says, even in a corner, supports Rebbi Uqba.
MISHNAH: One washes hands [The impurity of hands is rabbinic. Unless hands are consciously guarded from touching anything impure they are presumed to be impure in second degree and can be purified by having a quartarius (about 133 ml) of water poured over them.] for profane food, tithe, and heave, but for sancta one immerses [The consumption of sancta requires not only a pure body, but if the eater’s hands were not consciously guarded from touching anything impure after he immersed his whole body in a miqweh, at the time of the meal his hands have to be immersed again in a minimum if 40 seah (about 510 l) of water.] . And for the Red Cow if his hands became impure so became his body [Even if according to rabbinic rules the rabbinic impurity of his hands does not imply impurity of the body, for handling the ashes of the Red Cow or water containing such ashes he must be considered impure and therefore disqualified.] .
HALAKHAH: Is hand-washing required for profane food [This is a discussion of impurity imparted by unwashed hands. The basic observation is that an impure person or object which touches anything susceptible to impurity imparts impurity of one degree lower. (However, the majority opinion is that fluids do not touch but merge, and therefore transmit impurity of the same degree as the acting material.) There are three stages of biblical impurity, “grandfather of impurity”, a corpse or a house in which there is a corpse, “original impurity”, anything touched by a corpse or (with a few exceptions) found in a house containing a corpse, and any other impurity described in the Torah, and “impurity in the first degree”, biblically imparted by contact with original impurity or rabbinically by contact with any impure fluid. The other stages are rabbinical; persons or food impure in stage n by touch impart impurity of stage n+1. The technical term is “impure” for anything able to impart impurity and “disqualified” for matters unusable because of impurity but not imparting impurity to others. Profane food may be impure in stage 1, it becomes disqualified (cannot be dedicated for any sacred use) in stage 2. Heave and Second Tithe (sacra not connected with the Temple) are impure in stages 1,2 and disqualified in stage 3. Temple sacra are impure in stages 1,2,3 and disqualified in stage 4.] ? But it must follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar says, hand-washing is required for profane food. It is everybody’s opinion, so he should separate from heave [Since unwashed hands rabbinically are considered impure in stage two, handling heave with unwashed hands disqualifies it.] . Rebbi Simeon ben Eleazar stated in the name of Rebbi Meïr, hands are first degree impure for profane food and second degree impure for heave [Touching with unwashed hands always disqualifies. Babli Ḥulin 33b; differently Tosephta Taharot 1:6.] . Does Rebbi Simeon ben Eleazar follow Rebbi Aqiba, as we have stated there [Mishnah Yadaim 3:1.] , “if somebody puts his hands into a leprous house [As described in Lev. 14:33–54. Bodily entrance into the house causes biblical impurity (vv. 46,47), standing outside and reaching into the house only causes rabbinic impurity.] , his hands are impure in the first degree, the words of Rebbi Aqiba, but the Sages are saying, his hands are impure in the second degree”? There, it follows the rabbis; what is their reason here? Since you tell him that his hands are impure in the second degree, he will separate from heave. But did they not decide about them because of fluids; then they should be impure in the first degree [Since unwashed hands touching any fluid make the fluid rabbinically impure in the first degree, it would be reasonable to consider unwashed hands as impure in the first degree.] ? It is an argument de minore ad majus. Since the Tevul Yom, which is a word from the Torah, only disqualifies [An impure person can qualify to eat sancta by first immersing himself in a miqweh, to remove his impurity, and then waiting until sundown, when he becomes pure (Lev. 22:6–7). The intermediate stage, no longer impure but not yet pure, is called Tevul Yom, “immersed during daytime”. Since the verse prohibits him to consume sacred food it is inferred that he also may not handle it. Since he is no longer impure, his touch cannot make impure. It is inferred that his touch disqualifies.] , impure hands, which are from their words, not so much more? Another explanation: Did they not decide about hands only that he should separate from heave? Since you tell him that his hands are impure in the second degree, he will separate from heave.
There, we have stated [Mishnah Bikkurim2:1. The corrector added the text presupposed by the scribe.] : [“For heave and First Fruits one incurs the penalty of death [Eating them in impurity is a deadly sin.] or a fine of a fifth [If misappropriated, the restitution must be at least 125%.] ; they are forbidden to lay persons, are property of the Cohen [They might be traded from one Cohen to another and a Cohen may use them as gifts to marry a wife since, even if she was a lay person before, she becomes a member of the Cohen’s family by marriage and may eat heave and First Fruits.] , may be lifted by one in 100 [If heave or First Fruits were mixed with profane food and are now no longer recognizable, if they constitute less than 1% of the mixture, 1% may be lifted and designated heave or First Fruits and the remainder freed for lay use.] , need washing of the hands and sundown.] This applies to heave and First Fruits but not to tithe.” There, you are saying tithe does not need washing, but here, you are saying that tithe needs washing. When you are saying that tithe needs washing, following the rabbis; but when you are saying that tithe does not need washing, following Rebbi Meïr. As we have stated there [Mishnah Parah 11:5. Babli 18b.] , “anything which requires immersion by the words of the Sopherim [Part of the original institutions of Judaism formulated by Ezra and his successors.] makes sancta impure and disqualifies heave but is permitted for profane food and tithe, the words of Rebbi Meïr. But the Sages forbid for tithe [Since tithe becomes impure by touch of hands or things impure in the second degree and unwashed hands always are impure in the second degree.] .” He did not understand that Rebbi Samuel said in the name of Rebbi Ze`ira: What means, “but the Sages forbid for tithe”? His body became disqualified from consuming tithe [But not touching.] . How it that? If you are saying, tithe needs washing, [for one who intends to eat. If you are saying, tithe does not need washing,] if he intends to touch [The better text probably is obtained by deleting the corrector’s addition: “If you are saying, tithe needs washing, if he intends to touch? But does not one who wants to eat also want to touch?”] . But does not one who wants to eat also want to touch? Only because of [handwashing as discipline. But did we not state “heave”? For heave is there] handwashing as discipline [Again it is better to delete the corrector’s addition. The washing of hands is “discipline of heave”.] ? Therefore about profane food prepared in the purity of sancta. But is profane food prepared in the purity of sancta not profane food [Food prepared to the standards of sancta is not a sanctum unless dedicated, which in the absence of a Temple is impossible. Therefore it remains profane and its status cannot be changed by touching with hands which are impure in the second degree.] ? Explain either following Rebbi Simeon ben Eleazar or Rebbi Eleazar ben Rebbi Ṣadoq. Either following Rebbi Simeon ben Eleazar, as it was stated, Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, hands are first degree impure for profane food and second degree impure for heave [Touching with unwashed hands always disqualifies. Babli Ḥulin 33b; differently Tosephta Taharot 1:6.] . Or Rebbi Eleazar ben Rebbi Ṣadoq, as we have stated there [Mishnah Taharot 2:8.] : “profane food prepared in the purity of sancta is profane food. Rebbi Eleazar ben Rebbi Ṣadoq says, it is like heave, to be impure in two stages and disqualified in the third [This is a discussion of impurity imparted by unwashed hands. The basic observation is that an impure person or object which touches anything susceptible to impurity imparts impurity of one degree lower. (However, the majority opinion is that fluids do not touch but merge, and therefore transmit impurity of the same degree as the acting material.) There are three stages of biblical impurity, “grandfather of impurity”, a corpse or a house in which there is a corpse, “original impurity”, anything touched by a corpse or (with a few exceptions) found in a house containing a corpse, and any other impurity described in the Torah, and “impurity in the first degree”, biblically imparted by contact with original impurity or rabbinically by contact with any impure fluid. The other stages are rabbinical; persons or food impure in stage n by touch impart impurity of stage n+1. The technical term is “impure” for anything able to impart impurity and “disqualified” for matters unusable because of impurity but not imparting impurity to others. Profane food may be impure in stage 1, it becomes disqualified (cannot be dedicated for any sacred use) in stage 2. Heave and Second Tithe (sacra not connected with the Temple) are impure in stages 1,2 and disqualified in stage 3. Temple sacra are impure in stages 1,2,3 and disqualified in stage 4.] .”
“But for sancta one immerses [The consumption of sancta requires not only a pure body, but if the eater’s hands were not consciously guarded from touching anything impure after he immersed his whole body in a miqweh, at the time of the meal his hands have to be immersed again in a minimum if 40 seah (about 510 l) of water.] .” Anywhere we state “immerses” it means in 40 seah. But did we not state [Cf. Tosephta Yadaim 1:5.] , “he who washes his hands in the Temple needs a quartarius”? Rebbi Eleazar said, here for impure hands, there fore pure hands. [Rebbi Ḥanina ben Rebbi Hillel said, even if you are saying here and there for pure hands, here and there for impure hands.] [The provenience of the corrector’s addition is unknown. The spelling חנינא is Babylonian.] Here for dedicated Temple sancta, there for profane food prepared in the purity of sancta.
“And for the Red Cow if his hands became impure so became his body [Even if according to rabbinic rules the rabbinic impurity of his hands does not imply impurity of the body, for handling the ashes of the Red Cow or water containing such ashes he must be considered impure and therefore disqualified.] .” Rebbi Ḥanina said, not that they introduced new impurities for the Red Cow but they said, he who becomes impure in an easy impurity is like one who became impure in severe impurity [An easy impurity is one which is removed by immersion in a miqweh. A severe impurity needs some additional action, either a waiting period or a sacrifice to regain access to Temple and sancta.] . Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: And it shall be collected by a man, why does the verse say, pure [Num. 19:9.] ? Think of it. Even if you collect it by a shovel, the Torah requires pure. Where do we hold? If a metal shovel, but also flat metal implements are subject to impurity. If a wooden shovel, is it not held together because of something subject to impurity [Any metal object is subject to impurity. A wooden object is subject to impurity if it encloses a volume; it becomes impure by being used as a container. Therefore it seems that the collection of the ashes, required by the verse, is an impossible task.] ? Rav Hoshaia said, explain it if he collects it with a plank [A flat piece of wood is impervious to impurity.] . Then it is impossible that he should not carry it [In most cases of severe impurity, such as carcasses of non-kosher four-legged animals, and impurity caused by human bodies, carrying the impure object without touching it, causes the carrier to be impure (Lev. 11:28, 15:10). Since in relation to the ashes of the Cow any impurity is severe, there is transfer of impurity even if the ashes are carried on a wooden plank which itself cannot become impure.] . Rebbi Yudan, the father of Rebbi Mattaniah, said, explain it if he collects it with a coarse cross-beam [Greek μέλαθρον. This not only is a flat piece of wood, it is so heavy that the load of ashes is not noticeable; it causes no impurity by carrying.] . Rebbi Abba bar Mamal asked before Rebbi Immi: what is the difference between a person pure for the Red Cow and an empty vessel pure for the Red Cow [The Mishnah (Note 174) extends impurity automatically only for humans, not to vessels.] ? He answered him, And it shall be collected by a pure, why does the the verse say, man? Only to prescribe extraordinary purity to the man to handle the water for ashes of the Red Cow and the ashes of the Red Cow. Rebbi Yasa in the name of Rebbi Simeon ben Laqish: The moving which I declared pure for you for crawling animals [In the special section about impurity of dead crawling animals (Lev. 11:29–38), impurity by carrying is not mentioned.] I declared impure for you here [The rabbinic restrictions in the case of the ashes of the Cow are justified biblically.] .
MISHNAH: He who immersed himself for profane food and considers himself pure for profane food is prohibited tithe [One who immersed himself to eat his profane food in ritual purity may not eat Second Tithe without immersing himself a second time with the correct intention. The other cases are to be interpreted similarly.] . He who immersed himself for tithe and considers himself pure for tithe is prohibited heave. He who immersed himself heave and considers himself pure for heave is prohibited sancta. He who immersed himself for sancta and considers himself pure for sancta is prohibited handling ashes of the Red Cow. He who immersed himself for the more stringent is permitted the lesser one. He who immersed himself and does not consider himself pure is as if he did not immerse [He immersed himself for cleanliness, not for purity. His immersion does not remove impurity.] .
HALAKHAH: But needs profane food intention [Since profane food does not require pure bodies there should be no requirement for immersion and therefore no possibility of intention. Babli 19a.] ? He is informing you of more: even if he immersed himself for profane food and considers himself pure for profane food he is prohibited tithe. Did not Rebbi Eleazar say, the count for profane food is the count for tithe [Profane food only can become impure in the first degree and disqualify in the second. The same holds for Second Tithe.] ? Here it is for eating, there for touching [Eating Second Tithe needs a body pure by intention but not handling it.] . He who immerses himself without specification is pure for all of them [Tosephta 3:2; Babli 19a. For R. Joḥanan if at the moment of immersion it was impossible for the person to eat tithe, heave, or sancta, the immersion cannot be valid for one of these.] . Rebbi Joḥanan said, if he had relationship with all of them. As long as his feet are in the water, he may consider himself pure for any stage he chooses [Since water is considered one body, the person standing in the water in this respect is like one immersed and still has the choice of the degree of impurity imparted by the immersion.] .
There, we have stated [Mishnah Taharot 8:9.] : “A staff which is full of impure fluids [Not that the staff contains fluid but that it is covered by fluid from top to bottom. If the staff touches the water, for R. Joshua all the fluid is connected to and becomes part of the 40 seah which purify.] , when it touched the miqweh it is pure, the words of Rebbi Joshua. But the Sages are saying, only if he immerses it completely.” Rebbi Simeon ben Laqish said, where do they disagree? For easy impurity; but for severe impurity [An easy impurity is one which is removed by immersion in a miqweh. A severe impurity needs some additional action, either a waiting period or a sacrifice to regain access to Temple and sancta.] even Rebbi Joshua agrees. Rebbi Joḥanan said, they even disagree for severe impurity. A baraita disagrees with Rebbi Simeon ben Laqish: “As long as his feet are in the water, he may consider himself pure for any stage he chooses.” Explain it about one who ate impure food and drank impure drinks [Whose impurity is rabbinic. Babli 18b.] . Did not Rebbi Jacob bar Zavdi, Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish, the body of one who ate impure food and drank impure drinks is pure without special intention [Unless the person has the intention of being pure for heave etc., he is biblically pure and, since in this instance his rabbinic disqualification is inactive, also rabbinically.] ? From the moment he intended elevated purity he (needs) [does not need] intention [The correction is unnecessary; once a higher level of purity is desired, no specific intention is needed to invalidate the prior immersion.] . A Mishnah disagrees with Rebbi Simeon ben Laqish [Mishnah Miqwaot 7:6. Babli 19a.] : “A miqweh containing exactly 40 seah into two persons descended, [both are pure]. One after the other, the first one is pure, the second impure [If the first one left the miqweh before the second entered, the water clinging to his body is missing in the miqweh which therefore cannot contain the full 40 seah needed to purify.] . Rebbi Jehudah says, if the feet of the first touched the water, the second one also is pure [Following R. Joshua (Note 201).] .” Still this is about one who ate impure food and drank impure drinks [Whose impurity is rabbinic. Babli 18b.] . A baraita disagrees with Rebbi Simeon ben Laqish: A woman in her period may rinse a radish in a cave [Containing 40 seah of water and therefore being a natural miqweh.] and it is pure. If she lifted it in any way out of the water it is impure. And we have stated thereto: Rebbi Jehudah declares it pure in the name of Rebbi Joshua [But for the Sages the radish remains pure only if at all times it is fully immersed.] . And represents a menstruating woman not a severe impurity? This disagrees with Rebbi Simeon ben Laqish and it has no standing [There is no explaining away and R. Joḥanan’s opinion on the point of view of R. Joshua is proven.] .
MISHNAH: The garments of the vulgar [A person who disregards the rules of impurity (unless on a pilgrimage to the Temple); cf. Introduction to Tractate Demay.] are “support” [Rabbinically it is considered a source of original impurity. The expression “support” comes from the severe impurity of a menstruating woman where Lev. 15:21 implies that any implement which had supported her body (chair or bed) imparts impurity to anybody touching it and his garments.] for Pharisees [People observing the laws on impurity in their daily lives.] ; the garments of Pharisees are “support” for the eaters of heave; the garments of eaters of heave are “support” for the eaters of sancta. Yose ben Yoezer [Cf. Mishnah 2:2.] was the most pious of the priests but his handkerchief [If the wife of the vulgar, still a source of original impurity from her period, sat on the garment, the latter became an original source of impurity. Therefore there is a (slim) possibility that the Pharisaic restriction correspond to a case of actual biblical impurity. Babli Ḥulin 35b.] was “support” for sancta. Joḥanan ben Gudgada all his life ate in the purity of sancta but his handkerchief was “support” for the ashes of the Red Cow [But not for the eaters of sancta. This Mishnah contradicts the practice established after the destruction of the Temple which considers profane food eaten in the purity of sancta not different from other profane food (Note 180).] .
HALAKHAH: Rebbi Yasa in the name of Rebbi Joḥanan: They stated it for touchings [The garments of a vulgar make a Pharisee impure by touch but not by load nor by “support”.] . Rebbi Ze`ira asked before Rebbi Yasa, from where did this garment become impure by support? He told him, explain it that the vulgar’s wife sat on it naked [If the wife of the vulgar, still a source of original impurity from her period, sat on the garment, the latter became an original source of impurity. Therefore there is a (slim) possibility that the Pharisaic restriction correspond to a case of actual biblical impurity. Babli Ḥulin 35b.] . Samuel bar Abba asked before Rebbi Ze`ira: As you are saying there, there is no “support” for profane food but there is “support” for profane food by touching [Only humans and implements can become impure by load or “support” but foodstuffs become impure only by touch.] , similarly there is no load for profane food but there is load for profane food by touching. Rebbi Samuel the brother of Rebbi Hoshaia said, Rebbi Jeremiah asked, if she sat on a chair and touched it [What is the status of the chair?] ? As you look at it, if load, there is load; it touching there is touching [In both cases the status of the impurity is the same.] . As you are saying about load, on condition that most of it be carried, similarly if most of it be touched [R. Jeremiah has a point; the two sources of impurity are not equivalent. For impurity by load or “support”, most of the weight of the cause of impurity must be carried or must be loaded on, but the smallest amount of touching has the same consequence as touching most of the impure surface area.] ?
May the body of a Pharisee be considered like that of a sufferer from gonorrhea for heave [If the garments of a Pharisee are impure like those of a sufferer from gonorrhea, is it not reasonable to expect the same from the Pharisee’s body?] ? Rebbi Joḥanan asked, but did we not state [Mishnah Taharot 7:5.] , “somebody who let a vulgar watch his house, at times when he sees those who enter and those who leave, food, and drinks, and open clay vessels are impure. But couches and seats and clay vessels tightly wound closed are pure [As long as the Pharisee has control over the stream of visitors, only things impure by touch are considered impure; the vulgar is not supposed to cause impurity by sitting on something even though this would be the cause of biblical original impurity (not only derivative impurity as in the case of touch) if the vulgar actually were a sufferer from gonorrhea.] ”? If you are saying, they considered the body of a Pharisee like that of a sufferer from gonorrhea for heave then even those tightly [wound] closed should be impure [Since the exception for tightly closed vessels applies only to tent impurity.] . Rebbi Jehudah bar Pazi said, explain it concerning a vulgar at a Pharisee’s, and you cannot infer anything [The entire Mishnah refers to ordinary impurity on the level of profane food and is irrelevant for the question raised here.] . Rebbi Mana said, so said my teacher Rebbi Yose, all that we are considering here [The Mishnah in Taharot.] refers to heave. You may know that this is so, since we have stated there, “even moved, even tied, everything is impure.” Did they not say they are impure, not because moving [The part of the Mishnah quoted here refers to the situation that the Pharisee has no control over the stream of visitors which therefore may include menstruating women which may make seats and couches impure by biblical standards. This proves that these arguments do not apply to the vulgar himself and that therefore also the Mishnah here has to be read to apply to garments only and to nothing else.] ? Did not Rebbi Joḥanan say, concerning heave there is neither separations, nor movings, nor [private domain, nor] vulgar [Rabbinic extensions of impurity do not apply except in cases where they are mentioned explicitly. The corrector’s addition has to be deleted since it refers to a rule, that questionable cases in private domains have to be judged restrictively, which by general consensus is of biblical status.] . May heave itself be considered like a sufferer from gonorrhea in relation to sancta [Same question as that referred to in Note 222.] ? Let us hear from the following. If one cuts a tube for sancta, he who cuts it and he who immerses it need immersion. One understands he who cuts. He who immerses [If he prepares vessels for use with sancta but he himself is not pure for the consumption of sancta, it is clear that the vessels must be immersed since by necessity he touched them. But immersion may be done indirectly as described.] ? Could he not bind it with a (sit) [Here the corrector’s text has to be accepted since the scribe’s sit is a measure, half a hand-breadth.] [fiber] and immerse it? But explain it that he cut it in order to immerse it [If he prepares vessels for use with sancta but he himself is not pure for the consumption of sancta, it is clear that the vessels must be immersed since by necessity he touched them. But immersion may be done indirectly as described.] . May a sanctum itself be considered like a sufferer from gonorrhea in relation to the ashes of the Red Cow? Let us hear from the following. Two pitchers, one pure for sancta and one pure for heave, who touched one another are both pure [Mishnah 7 applies only to humans, not to vessels.] . But does not a baraita disagree? They made that the person pure for the ashes of the Cow who moved spittle or semen of one pure for heave that it became impure [Spittle is biblically original impurity for the sufferer from gonorrhea; it is pure for the person pure for heave. But semen is biblically impure from everybody. Therefore for the rabbinic extensions described in Mishnah 7 there is no difference in the rules according to levels of impurity.] . The same is pure for heave and pure for sancta.