Moed Katan3

1MISHNAH: And the following shave [While in biblical Hebrew this means to shave off the hair completely, in the Mishnah this usually means “grooming to get a haircut, to trim the beard,” unless applied to biblical rules. As explained in the Halakhah, getting a haircut is not forbidden intrinsically on the holiday; it is forbidden by custom so everybody should enter the holiday decently groomed.] on the holiday: He who comes from overseas [Coming off a long trip (including a caravan trip).] , or from being kidnapped [By Gentiles.] , or leaves jail [Even when jailed by a Jewish authority.] , and one whose excommunication was lifted by the Sages [Since rabbinic excommunications are lifted only if the person excommunicated followed the rabbinic rules about excommunications which forbid grooming, if the excommunication is lifted on the holiday grooming is necessary.] , and also who asked the Sages and was permitted [He made a vow which included not grooming and had the vow voided by a rabbi.] , and the nazir [At the end of his period of nezirut he is obligated by biblical law to cut his hair. If the period ends during the holiday, the biblical law has to be followed.] , and the sufferer from skin disease between his impurity and his purity [He has to shave off all his hair as part of his purification ritual; described in Lev. 14:8.] .

2HALAKHAH: [This text is re-written from a text in Ta`aniot 2:12, Notes 185–189.] “And the following shave on the holiday: He who comes from overseas, or from being kidnapped, or leaves jail.” Therefore all other people are forbidden? Rebbi Simon said, they decreed about them so they should not enter the holiday badly groomed [Babli 14a.] . There, we have stated [Mishnah Ta`aniot 2:13.] : “The people of the watch and those of the bystanders are forbidden to shave and to wash their garments, but on Thursday they are permitted because of the honor of the Sabbath.” Therefore on all other days they are forbidden? Rebbi Yose, Rebbi Abbahu in the name of Rebbi Joḥanan; Rebbi Abun, <rebbi yasa> [Added from Ta`aniot and G.] in the name of Ḥizqiah: They decreed about them so they should not enter their week badly groomed.

3It was stated in the name of Rebbi Jehudah: Shaving is forbidden to someone who comes from overseas. Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, it is forbidden to sail on the ocean [Babli 14a.] . Then a Cohen who left for outside the Land and left against the will of the Sages should be forbidden to shave. A Cohen came to Rebbi Ḥanina. He said to him, may one leave for Tyre for as religious obligation, to give ḥaliṣah or to enter levirate marriage [He wanted to go there since his brother left a childless widow who had to be married by him or receive ḥaliṣah. In the parallel in the Babli (Ket.111a) the brother dies in Khusistan, clearly outside the Land. Tyre is outside the rabbinic Land of Israel.] ? He answered him, this man’s brother left; praised be the Omnipresent Who smote him. And you want to do what he did. Some want to say, so he spoke to him: This man’s brother disdained his mother’s bosom and embraced another’s bosom, and you want to do what he did. Simeon bar Abba [Originally a Babylonian.] came to Rebbi Ḥanina and asked him to write a letter of recommendation so he could leave for his sustenance outside the Land. He said to him, tomorrow I shall go to your forefathers; they would say to me, one desirable plant we had in the Land of Israel and you permitted it to leave the Land.

4“Or he leaves jail.” We thought to say, if he was jailed by Gentiles, but not if he was jailed by Jews. He comes to inform you, even if he was jailed by Jews. It is not agreeable to a person to groom in jail [Quoted by Tosaphot 13b s. v. והיוצא.] .

5“And one whose excommunication was lifted by the Sages.” Where are we holding? If they lifted it before the holiday, he should have shaved. If they did not lift it before the holiday, he may not shave. But we hold that they lifted it before the holiday and his thirtieth day fell during the holiday, since no excommunication is less than thirty days [An excommunication has to be observed for 30 days even if lifted quickly (but not if it was annulled) Babli 16a.] and no rebuke is less than seven days [A student reprimanded by his teacher may not show himself for 7 days.] . No excommunication is less than thirty days, up to a month of days, until it will come out of your noses [Num. 11:20.] . And no rebuke is less than seven days, let her be locked away for seven days [Num. 12:14.] . Rebbi honored Ben Elasa [A very rich but totally ignorant family with whom he had relations by marriage.] . Bar Qappara said to him, everybody is asking Rebbi, only you are not asking Rebbi. He asked him, what to ask? He said to him, ask [A riddle.] : “From Heaven she looks down, she is busy in her house; boys see her and hide [A variation of Job 29:8; the next clause is a direct quote.] , old men rise and stand. The one who flees says, ho, ho, and the one caught is caught in his sin.” Rebbi turned around [He recognized Bar Qappara’s poetic style.] and saw him laughing. Rebbi said, I do not know you, old man. He understood that he would not be ordained during his lifetime [Babli 17a, bottom.] .

6They wanted to excommunicate Rebbi Meïr [Probably because in many cases he ruled against common practice and he did not make a big effort to explain his reasons to rabbis who were not his students.] . He said to them, I do not listen to you unless you tell me whom one excommunicates, why one excommunicates, and how many reasons there are to excommunicate [And they were dependent on him to formulate these rules.] .

7[Babli Bava meṣia` 59b.] They wanted to excommunicate Rebbi Eliezer. They said, who will go and inform him? Rebbi Aqiba said, I shall go and inform him. He went to him and said to him, my teacher, my teacher [Nobody else wanted to go since they knew that R. Eliezer’s rage would be deadly. R. Aqiba declared himself R. Eliezer’s student, insulating himself from the leaders of the preceding generation who pronounced the excommunication.] , your colleagues are excommunicating you. He took him outside, saying: Carob tree, carob tree, if practice has to follow their words, be uprooted. It was not uprooted. If practice has to follow my words, be uprooted. It was uprooted. If practice has to follow their words, turn back. It did not turn back. If practice has to follow my words, turn back. It turned back. All these extraordinary happenings and practice do not follow Rebbi Eliezer. Rebbi Ḥanina said, when it was given, it also was given to follow the majority opinion [Ex. 23:2. This declares rabbinic consensus to be superior to prophetic inspiration. This claim of rabbinic authority to override the will of Heaven is the mirror image of Jesus’s claim (Matth. 12:8) that the prophet (Son of Man) is master over biblical laws.] . [Did Rebbi Eliezer not know that practice has to follow the majority opinion?] [Addition by the Venice editor, justified by G where one reads ולית ר׳ ליעז….. רבים להטות.] He was offended only because they burned his food prepared in purity in his presence [This follows the story in the Babli that R. Eliezer was excommunicated in his presence.] . There we have stated [Mishnah Kelim 5:10.] : “If it was cut into strips and sand was placed between any two strips, Rebbi Eliezer declares pure [In Mishnah Kelim, “pure” always means “impervious to impurity”; “impure” means “susceptible to impurity”. Since every strip of pottery is not a vessel and the connections between the strips are not permanent, the entire oven is not an implement and therefore pure. The Sages argue that since the oven is usable as described it is an implement and impure.] but the Sages declare impure. This is the Ḥakhinai oven.” Rebbi Jeremiah said, a big itching was happening on that day: Everything on which Rebbi Eliezer gazed was burned [This describes the antique theory of vision, that the image in the eye is formed by rays emanated from the eye and scanning the objects.] . Not only that, but a grain of wheat might have been half burned and half not burned, and the walls of the house of assembly were weakened. Rebbi Joshua said to them, if colleagues are fighting, what does this concern you? There came an unembodied voice and said, practice follows My son Eliezer. Rebbi Joshua said, it is not in Heaven [Deut. 30:12.] . Rebbi Crispus, Rebbi Joḥanan in the name of Rebbi: If a person would say to me, that is how Rebbi Eliezer stated, I am stating following his words since the Tannaïm switch [If a statement consistent with our practice is ascribed to R. Eliezer it need not be rejected since one may assume that it was ascribed to him in error.] . Once he was walking in public and he saw a woman when sweeping her house throwing it out, it fell on his head. He said, it seems that today my colleagues are befriending me, for it is written: He lifts the downtrodden from the dung heap [Ps.113:7. The Babli holds that R. Eliezer’s excommunication was lifted only at his death.] .

8Rebbi Joshua ben Levi sent for a man three times [Summons to appear in rabbinic court.] but he did not come. He sent, saying to him, if I had not ever excommunicated a person, I would have excommunicated this man since for 24 reasons one excommunicates and this is one of them: The entire property of anybody who will not come within three days following the council of ministers and Elders shall be confiscated and he shall be separated from the community of the Diaspora [Ezra 10:8.] . Rebbi Isaac ben Rebbi Eleazar said, there are many more of these dispersed in the Mishnah [The rules, together with most of procedural law, never were completely fixed. Babli Berakhot19a.] . There, we have stated [Mishnah Ta`aniot 3:8.] : “Simeon ben Shataḥ sent to him and told him, you should be excommunicated.” [Copied from Ta`aniot 3:8, Notes 106–108.] For if there had been a decision made as it was decided in the days of Elijah, [would you not have caused a desecration of the Name in public? And everybody who causes a public desecration of the Name must be excommunicated. There, we have stated [Added from Ta`aniot by the Venice editor.] : Rabban Gamliel sent to him, if you hinder the public you will create a future stumbling block for the public;] [Mishnah Roš Haššanah 1:6.] would not prevent the public from performing a meritorious act? And any who would hinder the public from performing a meritorious act must be excommunicated.

9[Copied from Pesaḥim 7:1, Note 24.] It was stated: Rebbi Yose said, Theudas of Rome led the people of Rome to eat helmeted kid-goat in the Passover nights. the Sages sent and said to him, if you were not Theudas, would we not put you in the ban? Who was Theudas? Rebbi Ḥananiah said, because he was providing for the rabbis. Are you not causing the public to eat sancta outside the Temple? And anybody causing the public to eat sancta outside the Temple has to be put in the ban.

10There, we have stated [Mishnah Idiut 5:6.] : “Whom did they excommunicate? Eleazar ben Hannad who questioned the purity of hands [The secondary impurity of hands which is purely rabbinical and whose rules cannot be harmonized with biblical rules of impurity. It seems that he denied the impurity of hands of people whose body was not impure.] .” This implies that one who questions even one of the words of the Sopherim [Non-biblical but pre-rabbinic.] needs excommunication. There, we have stated: “They [Aqabia ben Mehallalel denied that a freedwoman could be subject to the soṭah ritual and held that Shemaya and Abtalyon, the heads of a Synhedrion in early Roman times, staged an imitation ritual for a freedwoman suspected of infidelity. One may assume that this is influenced by the Roman prejudice against libertinae. Babli Berakhot 19a.] let her drink dikma.” What is dikma? An imitation [Parsing the word as Aramaic דִ-כְמָה “which is like it.”] . “They excommunicated him, he died in his excommunication, and the Court stoned his coffin. To teach you that one stones the coffin of anybody dying in his excommunication.” This implies that anybody insulting an Elder, even after his death, needs to be excommunicated [Since he insulted the memory of Shamaya and Abtalyon.] . In the days of Rebbi Ze`ira they were excommunicating and readmitting [In the days of rising Christianity they tried to follow the received rules of excommunication but blunt its effects by immediately cancelling the act.] . (He said to them, no.) [Rebbi La said to them:] Now one excommunicates and now one readmits? They took up the matter and voted, when he changes his opinion one readmits them [They decided that it was better not to re-admit christianizing Jews.] .

11One who is excommunicated by the teacher is excommunicated for the student; excommunicated by the student is not excommunicated for the teacher [Babli 17a. It means that the student has to treat him as excommunicated, but the community at large does not have to take notice unless the excommunication was proclaimed by an authority accepted by all of the community.] . One who is excommunicated by the chief judge [The Chief Judge of the Patriarch’s Court (or of the Head of the Diaspora’s Court in Babylonia).] is excommunicated for the rabbi; excommunicated by the rabbi is not excommunicated for the chief judge. One who is excommunicated by the patriarch is excommunicated for everybody [Babli 17a. It means that the student has to treat him as excommunicated, but the community at large does not have to take notice unless the excommunication was proclaimed by an authority accepted by all of the community.] . So far if an ordained rabbi excommunicated; even a fellow? Let us hear from the following [Babli 17a.] : A slave woman of Bar Pata passed by a synagogue. She saw a Bible teacher who hit a child more than necessary. He said to him, this man has to be put in the ban. He went and asked Rebbi Aḥa who told him, you have to worry about yourself [He himself has to follow the rabbinic rules for the excommunicated for the next 30 days.] . This implies that a person who does something unbecoming needs to be excommunicated. Rebbi Simeon ben Laqish was looking after figs at Barbarit [A place identified by some as Barbalissus in Asia Minor.] . Robbers came and stole from them during the night. At the end he noticed them. He said to them, these people shall be excommunicated. They said to him, this person shall be excommunicated. He was worried about himself. He said, they owe me money; maybe souls [He causes them to sin if they do not follow the rules of the excommunicated. This means that he himself is guilty of “putting a stone in the path of the blind.”] ? He went out after them, said to them: permit me. They said to him, if you permit us we shall permit you. This implies that if somebody excommunicated somebody unnecessarily and he in turn excommunicated him, his excommunication is excommunication [He causes them to sin if they do not follow the rules of the excommunicated. This means that he himself is guilty of “putting a stone in the path of the blind.”] .

12Who permits [An excommunication proclaimed by a competent court, which does not expire automatically after 30 days.] ? Did we not state, if one of the excommunicators died one may not permit him [Babli 16a, somewhat different.] ? Rebbi Joshua ben Levi said, this you are saying in the absence of a Patriarch. But if there is a Patriarch, the Patriarch permits [Babli 17a.] . Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal: It happened that one of the excommunicators died and they did not permit him. Did not Rebbi Joshua ben Levi say, this you are saying in the absence of a Patriarch, but if there is a Patriarch, the Patriarch permits? What Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal said is confirmed if he did not reform [If there is no legal basis for excommunication any competent court can revoke it.] . Rebbi Jacob bat Abbay in the name of Rav Sheshet: At Usha [Where rabbinic Judaism (as far as it differs from its predecessor, Pharisaic Judaism) was organized after the end of the Hadrianic persecutions.] they voted not to excommunicate an ordained rabbi. This parallels what Rebbi Samuel said in the name of Rebbi Abbahu: One does not strip an ordained rabbi who is guilty of something of his title but tells him, respect yourself and sit in your house [2K. 14:10. An overriding authority has to forbid him to act as Rabbi. Babli 17a.] . Rebbi Jacob bat Abbay in the name of Rebbi Aḥa: One treats an ordained rabbi who forgot his learning by an act of God with the holiness of the Ark [As the Babli explains, Berakhot 8b, the Ark contained both the second whole and the first broken tablets. Therefore the broken mind of the Sage has to be treated with the reverence due to his earlier whole mind.] . Rebbi Aḥa, Rebbi Tanḥum, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Excommunication by an ordained rabbi who excommunicated for his personal benefit is no excommunication [The opposite is noted (but not recommended) in the Babli, 17a.] .

13In the days of Rebbi Jeremiah there came a calamity on the Tiberians. He sent and demanded a silver candelabrum from Rebbi Jacob ben Rebbi Abun [As contribution to the expenses of the community.] . He sent to tell him, Jeremiah still does not change from his evil ways [Since he holds that ordained rabbis are exempt from community taxes.] . He wanted to excommunicate him. Rebbi Ḥiyya ben Rebbi Isaac from Atoshia was sitting there. He said to him, I heard that one may excommunicate an ordained rabbi only if he acted like Jerobeam ben Nebaṭ and his colleagues. He answered, “They [Aqabia ben Mehallalel denied that a freedwoman could be subject to the soṭah ritual and held that Shemaya and Abtalyon, the heads of a Synhedrion in early Roman times, staged an imitation ritual for a freedwoman suspected of infidelity. One may assume that this is influenced by the Roman prejudice against libertinae. Babli Berakhot 19a.] let her drink dikma.” Did he act like Jerobeam ben Nebaṭ and his colleagues? They excommunicated one another, worried one about the other, and needed permission from one another [This shows that the rules stated earlier are guidelines rather than laws, and that in any case the target of an excommunication has to see to it that it be lifted even if he disputes its legality.] .

14“And also who asked the Sages and was permitted [He made a vow which included not grooming and had the vow voided by a rabbi.] .” Where do we hold? If he asked before the holiday he should shave; if he did not ask before the holiday he should not shave. But we hold in case that he asked before the holiday and they found an opening only on the holiday [The rabbi may invalidate a vow only after the person making the vow conceded that had he considered a certain consequence of the vow beforehand, he never would have made the vow. This is known as “opening (to regretting the vow).” Differently Babli 17b.] . As the following: [The following is copied (partially completed by the Venice editor) in Nedarim9:1, Notes 29–31. Babli Nedarim22b.] They did not find an opening for Rebbi Simeon ben Rebbi until one of the Sages of Galilee came; some say, he was Rebbi Simeon ben Eleazar. He took him from one place and put him in another, he took him from one place and put him in another until finally he put him into the sun and told him to check his garments for fleas. They said to him, if you had known that this old man would treat you in such a way, would you have made the vow? He said, No. They permitted him. They asked, from where do you have this? He said to them, I was Meïr’s servant when he fled the second time, but some say that Rebbi Meïr’s staff was in his hand and it taught him knowledge.

15[Parallels to the arguments here are in the Babli, 17b.] It was stated: All these for whom they said that they shave on a holiday are permitted to shave during the thirty days of mourning [The rules of mourning require abstention from all gainful work for 7 days, as well a abstention from grooming of all sorts. Work and some grooming are permitted during the following 23 days.] . There are Tannaim who state, forbidden. [There are Tannaim who state, permitted.] Rav Ḥisda said, he who said permitted, if there happened to be a holiday; he who said forbidden, if there was no holiday. A baraita disagrees with Rav Ḥisda. If his mournings immediately followed one another he can lighten with a knife or coarse shears but not with scissors. But the second mourning relative to the first should be considered as an act of God and he should be permitted [Since the baraita implies that this is not so, the rules of holidays are not transferable to those of mourning.] . Therefore it only was said for the honor of the holiday. Rebbi Samuel bar Rav Isaac asked, one understands the first Seven days. Within Thirty? Rebbi Ḥanania the colleague of the rabbis asked: Did we not state, these are the matters which are forbidden to the mourner during all Seven [Since the prohibition of mourning is separately stated for the first seven days of mourning, the same rules cannot apply for the remainder of the 30 days.] ? If he would be forbidden during Thirty days, within Seven not so much more? It could not have been said except if mournings immediately followed one another. Does this imply that he is permitted [But the general practice is not to shave for 30 days. Therefore one has to accept R. Mattania’s answer, that emergency shavings are permitted during the 30 day period following the holiday rules.] ? Rebbi Mattania said, he who said “forbidden”, as usual with scissors.

16Mustachios [Trimming them.] and cutting fingernails. There are Tannaim who state, permitted on a holiday and forbidden in mourning. There are Tannaim who state, forbidden on a holiday and permitted in mourning [Babli 17b.] . He who said permitted on a holiday, if there happens to be a holiday; and forbidden in mourning, if there is no holiday. He who said forbidden on a holiday, if it involves trickery [When with some effort he could have done it before the start of the holiday.] ; and permitted in mourning, without trickery. Rav Ḥiyya bar Ashi in the name of Rav: practice follows him who is lenient at both occasions. Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: practice follows him who is lenient in the rules of mourning [Babli 18a and many other occasions. In G: ר׳ יעקב בר …. שמעון בר אבא.] . Rav said, the lips follow cutting fingernails in all respects. Rebbi Jeremiah said, only if they interfere [If the hairs of the mustachio interfere with eating. Babli 18a.] . Rebbi Isaac bar Naḥman in the name of Rebbi Ḥanina: A pair came before Rebbi about lips and cutting fingernails and Rebbi permitted it to them. Rebbi Simon in the name of Rebbi Ḥanina: There were two pairs, one from Amatheh [In the Babli 18a, Hamath.] and one from Yedid-Aleh, one about lips and one about cutting fingernails, and Rebbi permitted to them. As the following. The sister of Rebbi Samuel bar Abba died and he was sitting cutting his fingernails. Rebbi Eleazar visited him and he did not cover them. Rebbi Nathan bar Abba visited him and he was covering them [Not knowing whether his visitor knew that cutting fingernails in the mourning period was permitted.] . He said to him, you did not cover them in front of Rebbi Eleazar; but in front of me you are covering them? He answered him, do you think that you are as dear to me as Rebbi Eleazar [There was no danger that R. Eleazar would misinterpret current practice.] ?

17MISHNAH: And the following may wash [Professionally wash.] on the holiday: He who comes from overseas [Coming off a long trip (including a caravan trip).] , or from being kidnapped [By Gentiles.] , or leaves jail [Even when jailed by a Jewish authority.] , and one whose excommunication was lifted by the Sages [Since rabbinic excommunications are lifted only if the person excommunicated followed the rabbinic rules about excommunications which forbid grooming, if the excommunication is lifted on the holiday grooming is necessary.] , and also who asked the Sages and was permitted [He made a vow which included not grooming and had the vow voided by a rabbi.] . Hand towels, and barber’s cloths, and body towels, and all who ascend from impurity to purity [“Fine linen”.] are permitted to wash, but anybody else is forbidden.

18HALAKHAH: It was stated: It is permitted to wash women’s bath cloths on the holiday. Women’s bath cloths have the same status as men’s bath cloths. What are women’s bath cloths? The rabbis of Caesarea are saying, οθόνιον [“Fine linen”.] . Rebbi Abbahu in the name of Rebbi Joḥanan: A person who only has one garment may wash it on the holiday [Babli 18a.] . Rebbi Yose ben Rebbi Abun said, this means two, that he may give one to be washed and wear one. They asked before Rebbi Yose, what is the status of small children’s garments? He said to them, like one who only has one garment. They asked before him: We have stated [Mishnah 3:7.] , “only the relatives of the deceased may tear their clothes, take off their shoes, and accept the consolation meal. [The first meal after the burial may not be prepared by the mourners themselves but must be brought to them by others; it should be consumed at the place of the closest relative.] ” If his strip was small and his relatives want to come to him, may half of them sit inside and half outside? He said to them, half of them should come today and half tomorrow. Rebbi Mana said, there we [The students of R. Yose like himself.] had thought that he was going to be lenient, but he was restrictive.

19It was stated: One does not wash barbers’ cloths with urine, but one washes them with soda and soap, out of respect [Since they will be used on human bodies.] .

20MISHNAH: And the following one writes on the holiday: Preliminary marriage documents of women [While one may not marry on the holiday, there is no restriction on preliminary marriages which prohibit the woman to any other man.] , bills of divorce, and receipts [Acknowledgement of the divorcee that she received all the monies due to her upon divorce.] , wills [Greek διαθήκη.] , gifts [Gift documents executed by a healthy person.] , prozbol [The document which turns a private debt into a court document and therefore makes the debt enforceable after a Sabbatical year.] , letters of estimation [Written estimations of the value of real estate in court proceedings.] , and letters of provisions [Court authorization for the guardian to use an estate’s property for the support of a widow or an absentee husband’s property for the support of his wife.] , documents of ḥaliṣah [Evidence of the execution of the ritual which eliminates levirate marriage.] , and repudiation [Evidence of repudiation of a marriage by a minor girl who had been married off by mother or brothers after her father’s death.] , and documents of selections [Agreement which constitutes a panel of arbitration.] , and court decisions, and private letters.

21HALAKHAH: Is he not sorry [This questions why divorce is permitted on a holiday. Is this not an occasion which contradicts the spirit of the holiday?] ? Rebbi Ze`ira said, since he decided to divorce he is not sorry.

22“And receipts,” documents of consent [Greek ‘ομολογία, “consent”. A joint declaration of payor and payee that the debt is extinguished.] . “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There [Babylonia. The Babylonian text is rather longer, Babli Yebamot 39b.] , they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house [Deut. 25:9.] . “And documents of repudiation.” The following are documents of repudiation [Babli Yebamot107b.] : I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one [Babli Bava batra 168a.] . “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

23MISHNAH: One does not write debt documents on the holiday, but if he does not trust him or if he has nothing to eat, he shall write [While one does not write commercial or investment documents, if it is necessary to provide one of the parties involved with support for the enjoyment of the holiday one has to write. The rabbinic prohibition of writing may not be an obstacle to fulfilling the biblical obligation to enjoy the holiday.] . One does not write Torah scrolls, tefillin [To be worn on head and arm, Ex. 13:9,16.] and mezuzzot [To be placed on the doorposts, Deut. 6:9, 11:20.] on the holiday; also one does not correct even a single letter in the Temple Courtyard Scroll [In the Babli: “In the Ezra scroll”.] . Rebbi Jehudah says, a person may write tefillin and mezuzzot for himself [Since tefillin are required to be worn on the intermediate days of the holiday and mezuzot are an obligation every day.] , and spin for himself the blue string for his ṣiṣit [The blue thread which distinguishes Jewish garments from other 3rd Millennium BCE Semitic garb; Num. 15:38. This also is an obligation not suspended during the holiday.] .

24HALAKHAH: “One does not write documents for sharecroppers [Since agricultural work is forbidden on the holiday, there is no need for such a contract on the holiday.] or contractorship [The contractor is paid for the finished work; he works on his own time. The lessor of the contract does not tell when or how to do his work.] on the holiday. The appraiser appraises normally on condition that he neither measure nor weigh nor count.” “But one accepts contractorship on the holiday on condition that it be executed after the holiday; one does not accept contractorship on the holiday on condition that it be executed on the holiday. The appraiser appraises normally on condition that he neither measure not weigh nor count.” [Baraitot similar to Tosephta 2:3,5. Babli 12a.]

25Rebbi Jeremiah said, “if he does not trust him,” the debtor, “or if he has nothing to eat,” the scribe. Rebbi Yose said to him, if you would say so you would permit professional work on the holiday [Cf. Chapter 1, Note 169.] . But “if he does not trust him,” about the past loan, “or if he has nothing to eat,” about the future loan.

26A man lost his tefillin on the holiday. He came to Rebbi Ḥananel who sent him to Rebbi Abba bar Nathan. He said to him [R. Ḥananel directed the scribe R. Abba bar Nathan to give away his own tefillin and write himself new ones following R. Jehudah.] , give him your tefillin and go, write for yourself. Rav said to him, go and write for him [If practice follows R. Jehudah then it is not necessary to use a trick to follow his rule, but tefillin needed of the holiday may be written on the holiday. Babli 19a. There the name correctly is Rav Ḥananel.] . The Mishnah disagrees with Rav: “a person may write tefillin and mezuzot for himself [Since tefillin are required to be worn on the intermediate days of the holiday and mezuzot are an obligation every day.] ,” therefore not for others. He explains it: writing for supply [To be sold later. At the moment of writing he has no customer waitimg.] .

27“And spins on his hip the blue string for his ṣiṣit [This version of the Mishnah is identical with that quoted in the Babli.] .” Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: he spins even using a spindle [Babli 19a. P:ractice is more lenient than even R. Jehudah.] . Rav said, he spins using a spindle both for himself or for others. The Mishnah disagrees with Rav: “and spins on his hip the blue string for his ṣiṣit;” therefore not for others. He explains it: spinning for supply [To be sold later. At the moment of writing he has no customer waitimg.] .

28MISHNAH: The decree of Seven is cancelled for him who buried his dead three days before the holiday [The rules of post-exilic Judaism as formulated by Ezra and his successors require a strict mourning period of seven days where grooming and gainful work are prohibited, followed by another 23 days of lesser mourning where there are no restrictions of work. Except for father and mother there are no talmudic mourning rites after 30 days. If a holiday falls into the first mourning week it eliminates the remaining restrictions of the first 7 days. The mourner then still is required to observe the next 23 days of lesser mourning.] . Eight days before the holiday, the decree of Thirty is cancelled for him [If at least one day of the lesser mourning period was observed, the following holiday eliminates all mourning rites.] , since they said, Sabbath is counted but does not interrupt, holidays interrupt but are not counted [While mourning is forbidden on the Sabbath, it is counted as if mourning had been observed but it does not eliminate any of the traditional mourning periods. A holiday stops the mourning, but in case of the holiday occurring during the first week the holiday week does not diminish the required lesser mourning period following the end of the holiday.] .

29HALAKHAH: “The decree of seven”, sandal and soap [The items forbidden to use during the seven days of intense mourning. The reading and meaning of ספן is questionable but in the absence of parallels it is impossible to guess anything better.] . “The decree of thirty,” mending, and pressing, and shaving [Before the burial, the near relatives have to tear their clothing. These tears cannot be mended before the end of the 30 day mourning period. Pressing is ironing under pressure using starch. For shaving, cf. Note 1.] . What is pressing? New pressed woolen garments, and pressed white linen garments [Pressing is only forbidden if it makes garments ready for an appearance in society.] . Rebbi Ḥelbo, Rav Ḥuna in the name of Rav: If his eighth day fell on a Sabbath, he shaves on Friday [Since shaving is permitted only at the end of the 30 day period, one has to explain that the Sabbath was the eve of a holiday (explicit in Babli 17b). Then the holiday eliminates the remainder of the 30 day mourning period; if it were a weekday the mourner would have to shave. To underline the importance of the Sabbath, one permits to shave on Friday.] . How is this possible [If the eighth day is a Sabbath then the first day was a Sabbath. But burials are forbidden on the Sabbath and the mourning period only starts with the close of the burial ceremony.] ? Explain it if he had been dragged away by a wild animal and they gave up hope to look after him [And this could have been on the Sabbath if the family then decided not to go out again on Sunday.] . It was stated thus: When do you start to count for somebody who was dragged away by a wild animal? When they gave up hope to look after him. If they found separate limbs of him one counts when his head and most of his body had been found. Rebbi Jehudah says, spine and skull form the majority. Rebbi Abun said, explain it that the cover plate [Which signals the start of the mourning period. This can happen to everybody.] was laid Friday evening at the start of darkness. How is this possible? Rebbi Aḥa said, explain it if it was closed by a Gentile. Some wanted to say that he received a current notice [A person who was not informed of the death of a close relative has to observe all mourning rituals if he is informed within the first 30 days; this is called “current notice”. If the news reaches him later, “an out of date notice”, he only has to observe a short period of symbolic mourning. Also this is an explanation not dependent on the rare case of a person eaten by an wild beast.] on the Sabbath.

30[This paragraph is copied from Nazir 3:1 (Notes 7–16, ז).] Something happened to Rebbi Immi and he shaved on the 30th day. Something happened [to one rabbi] and he shaved on the 31st day [The editor’s insert declares the question of the first day when shaving is permitted to be open, different authorities following different rules. The text in Nazir and the scribe’s text here note that R, Immi himself was inconsistent in this matter. S. Lieberman (Tarbiz 3) accepts the editor’s addition as genuine (but more likely would be חד בירבי). The only certain statement is that the Venice text is not a genuine version of the Yerushalmi.] . Rebbi Zeriqan said, Rebbi Immi learned this from our Mishnah, as we have stated there [Mishnah Nazir 3:2.] : “If somebody vowed two neziriot [If somebody declares himself a nazir without indicating the duration of his vow, it is automatically interpreted to mean that he is nazir for 30 days. If the 30th day could not possibly be a day for shaving, he should be able to shave only on the 62nd day. Therefore if the rabbinic rules for mourning are modelled on the biblical of the nazir, the Mishnah gives support both for the 30th and the 31st as days of shaving by the mourner.] , he shaves for the first on the 31st day, for the second on the 61st day.” Rebbi Yose said, there after it happened, here from the start [R. Yose criticizes R. Immi. The Mishnah requires the nazir to shave on his 31st day; it only legitimizes shaving on the 30th after the fact. But R. Immi shaved on the 30th on his own initiative. R. Zeriqan seems to hold that what is acceptable after the fact in biblical rules is permitted from the start in rabbinic usage.] . Rebbi Jeremiah instructed Rebbi Isaac from Aṭoshia, and some say, Rav Ḥiyya ben Rebbi Isaac from Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30th day [The argument here goes as follows: If the 8th day of mourning was holiday eve, the mourner can shave in the afternoon in preparation for the holiday. The time elapsed from dawn to the afternoon is counted as a full day for him. Therefore, the person who shaves on the 30th day can nevertheless count the entire 30th day as being part of his mourning period.] . Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo, Rav Ḥuna said in the name of Rav: If his eighth day fell on the Sabbath, he shaves Friday. If you say that they did permit not in order to honor the holiday, then even if his 30th day falls on the Sabbath, he should shave Sabbath eve [Nobody permits shaving on the 29th day.] . In addition, from what was stated [Babli 22b. In the Babli and in Nazir this is an Amoraic statement.] : “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30th day [For the seven-day period, the mourner is required to wear the garment torn before the burial. He can stitch together the tear after the end of the seven-day period (after 30 days for father or mother) and invisibly mend it after thirty days (never mending invisibly for father or mother.) Why does one not allow stitching or mending on the last day of a period if “part of the day is counted as a whole day”?] ? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way [Since one tradition is in from the school of Rav and the other (in the formulation of Nazir) of the school of R. Joḥanan, the two formulations of old (pre-)tannaitic traditions do not have to be coherent.] .

31It was stated [Babli 19b.] : These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul [Babli 19b.] . Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled [Babli 19a. The question remains whether the text of A reproduces the Babli or whether the scribe’s text is the genuine Yerushalmi text.] . What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them [As explained in the text (and accepted by the Babli): If the mourner uses the leniency offered to him to shave before the holiday, the decree of 30 days is abolished for him. But if he does not shave, he demonstrates that he does not accept the leniency and therefore the holiday does not eliminate the decree for him.] . If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis [While we know the ruling to follow in this particular case we do not know what is the logical basis and therefore are handicapped in applying this rule to different situations.] .

32Rebbi Eleazar instructed Simeon bar Abba: the holiday is counted in the count of thirty [If the burial was shortly before the start of the holiday, so that no mourning in the style of the first seven days was possible, then the seven days have to be observed after the holiday but nevertheless the count of 30 starts immediately and after the end of the 7 day period only 14 days of reduced mourning have to be observed. Babli 20a.] . Rebbi Yose said, we find that thirty precede seven [The same is true if the burial is in the holiday week; the count of 30 starts immediately but the 7 are observed only after the end of the holiday.] : “The decree of seven is cancelled for him who buried his dead three days before the holiday.” He only said three, therefore not two. That is what you are saying, in private; but the public does not occupy themselves with him [Since there was public mourning before the holiday, there is none afterwards.] . It was stated this way [Babli 20a.] : One who buried his dead three days during the holiday counts seven after the holiday. During the first three days the public occupies themselves with him [Since there was no public mourning during the holiday there is after the holiday, but since it is deferred, the public recognition is reduced.] ; the last four days the public do not occupy themselves with him. His work is done by others and his slaves and animals work in privacy at other places. Does one visit him? Rebbi Jacob bar Idi in the name of Rebbi Ḥanina: Did they not say that there is no mourning on the Sabbath? Why did they say that one visits him? Not to honor? So here to honor. Similarly, one day before the holiday cancels the decree of two [Since there were no two days of mourning, the full seven days with public participation have to be observed after the holiday. All these rules were abolished in 5th Cent. Babylonian practice, a Century after work on the Yerushalmi had ceased, when the holiday was held to remove the decree of seven if at least one hour of mourning was observed before the start of the holiday; Babli 20a.] .

33[This text appears also in Berakhot 3:1 (Notes 5–9). While it clearly is a commentary on Mishnah Berakhot 3:1, the manuscript text there is copied from here.] A mourner may not put on tefillin on the first day; on the second day he puts on tefillin and when new faces appear during the seven days of mourning he takes them off; these are the words of Rebbi Eliezer. Rebbi Joshua says: On the first and second days he does not put on tefillin; on the third day he puts on tefillin and if new faces come he does not take them off [Babli 21a (with attributions switched). All authorities in all sources agree that a mourner may not put on tefillin the entire first day of mourning, even if the burial was conducted in the preceding night. So there is no connection between tefillin and the necessity to attend the burial.] . If he does not put on tefillin even on the second day, why is it necessary to mention [In Mishnah Berakhot 3:1 which rules that before the burial the family members do not recite Shema` nor put on tefillin.] “anyone whose dead is lying before him”? Because he stated the one he stated the other [Since it is necessary to mention that he is free from reciting Shema` (and from prayer, whether that is stated in the Mishnah or not), the mention of tefillin is added as a memory aid in the orally transmitted Mishnah.] . Rebbi Ze`ira, Mar Uqban in the name of Samuel; Rebbi Ze`ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Eliezer in putting on and Rebbi Joshua in taking off. Rebbi Ze`ira inquired: If he put them on on the second day, following Rebbi Eliezer, would Rebbi Eliezer act like Rebbi Joshua, not to take them off? Rebbi Yose bar Abun said: Is it so that Rebbi Eliezer would act like Rebbi Joshua, not to take them off? If it were so, we should say “practice follows Rebbi Eliezer.”

34If he has nothing to eat, he cannot work on the first and second days. On the third day he works in privacy; but they said, a curse should come over his neighbors who forced him to this. Bar Qappara said, also on the third day he should not work anything [Babli 21b. The Babli puts the burden on the communal welfare fund.] . Bar Qappara follows his own opinion, since bar Qappara said the force of mourning is only up to three days. Rebbi Abba the son of Rebbi Pappai, Rebbi Joshua from Sikhnin in the name of Rebbi Levi: For three days the soul hovers over the body, thinking that she will return to it. When she sees that the looks of his face change, she abandons it and leaves. After three days the belly breaks open in front of his face and says to it, here [you have] what you robbed, and you wronged, and put into me [Babli Šabbat 151b. Gen. rabba 100(7).] . Rebbi Ḥaggai in the name of Rebbi Joshia brought it from here: I shall scatter excrement on your faces, even excrement of your holidays [Mal. 2:3.] . At that moment, but his body will hurt him and his soul mourn for him [Job14:22, Babli Šabbat 152b.] . His sharecroppers, and his tenants, and his contractors do work [They are independent contractors.] ; his agricultural workers, and his mariners, and his camel drivers do not work [These are paid wages.] . Rebbi Joshua ben Levi said, if he had a cow associated [Arabic גמל “to be united, collected.” The cow is under contract to work with another owner’s cow as a pair, drawing a plough or a cart.] in town, she works. Rebbi Yose said to him, this you are saying about one under contract; therefore not to start [Existing contracts are to be honored but the mourner may not enter into new contracts.] .

35Two brothers, two partners, two butchers, two grocers, if there happened something to one of them [The death of a close relative.] they lock their store but (his colleagues and the workers) [his donkey drivers and his workers] [Alteration by the Venice editor, to be deleted.] work in privacy at another place [The last words missing in A, probably correctly. There is no reason why they could not serve their customers inside the locked store.] .

36[The text is from Berakhot 3:1 (Notes 42–47, ב); the baraita is also in Semaḥot X. Babli Berakhot 17b.] All the time that his deceased is lying before him, he eats at his neighbor’s. If he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not answer “amen”. That is on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel [In the Babli sources: Rabban Gamliel, a source of lesser authority.] said: Because you allowed all of these, oblige him for all other obligations of the Torah [And sexual relations with his pure wife are biblical obligations for any married man.] . If you permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel. If he was handed over to the public, he may eat meat and drink wine [If the corpse was handed over to the public corporation handling burials, the “holy companionship”, the dead is no longer “lying before the family members” and they may eat and drink.] . If he was handed over to the carriers [To be delivered to the burial corporation.] it is as if he was handed to the public.

37The mourner does not go to the synagogue on the first Sabbath. On the second he goes but does not sit in his place. On the third he sits in his place and does not talk. On the fourth he is equal to everybody. Rebbi Jehudah says, it is impossible to speak of the first Sabbath since the public cares for him, but the second is the first, the third is the second, the fourth is the third. Rebbi Simeon says, the mourner goes to the synagogue on the first Sabbath but does not sit on his place. On the second he sits on his place and does not talk. On the third he is equal to everybody [Babli 23a; Semaḥot X. The opinion ascribed here to R. Simeon is not mentioned in the Babli sources.] . Rebbi Joshua ben Levi said, practice follows him who adds days [It is not known what this means. If one follows the rule that in matters of mourning practice follows the lenient opinion, it means that one follows R. Simeon who increases the days where there is no difference between the mourner and the other congregants (Babli 22a). If practice should follow the opinion that the mourner should observe a maximum of days not behaving like the other congregants, one has to follow the opinion ascribed here to R. Jehudah. The statement is quoted by Tosaphot 23a (top line) without explanation.] .

38If he came and found mourning in his house. On the second or third {day} [If the person who was unaware of the death arrived on the 2 or 3 day of mourning.] he finishes with them. On the fourth he counts by himself. Rebbi Simeon says, even on the (sixth) [fourth] [In the absence of parallel sources there is no reason to prefer the Venice editor’s version over that of the scribe.] he finishes with them. Rebbi Joshua ben Levi said, practice follows Rebbi Simeon if he was not the head of the family. But the head of the family counts by himself. As the following: Rebbi Mana instructed Rebbi <jacob in> [Addition from A.] Armenia: since you are the head of the family, count by yourself. <this you are saying> if he did not see most of the people. But if most of the people were seen by him one takes him to the bath house [Visiting the mourner is a meritorious deed. If the majority of the congregation came to pay their respects to the head of the family he would not have to sit alone without purpose. Since washing in a thermal bath is forbidden during the first seven days of mourning, this is a public demonstration that the late comer is following the rules of the remainder of his family.] . As the following: Rav <rebbi> [Reasons of chronology force the adoption of ’s text.] Huna instructed the brother of Rebbi Jehudah bar Zavdi, since most of the people were seen by him, take him to the bath house.

39In case one carries him from place to place, as those who bury in Bet-Shearim. There are Tannaim who state, those here count [The seven days of mourning.] from when the deceased left; those there count from when the cover plate [Which signals the start of the mourning period. This can happen to everybody.] was laid. There are Tannim who state, these and those count from when the cover plate was laid. Rebbi Simon in the name of Rebbi Joshua ben Levi: Everything goes after the head of the family. Rebbi Jacon bar Aḥa in the name of Rebbi Assi [He usually is referred to as R. Yasa. In the quote in Tosaphot 22b (s.v. מהדריתו) “R. Yose”.] : As restriction. What means “as restriction”? If the head of the family was here, those here count from when the deceased left; those there count from when the cover plate was laid. If the head of the family is there, these and those count from when the cover plate was laid. As the following: The sister of Gamaliel the twin died. His brother Hillel came down to him. Rebbi Mana said to him, since you are the head of the family, when you come down to your brother take off your shoes [In the quote in Tosaphot (Note 185) a more intelligible reading: “Since there is a head of family”. Gamaliel was the head of family; his brother starts mourning (and counting) when he enters his brother’s house.] .

40If they moved him from one grave to another [For some reason it was necessary to move the corpse to another grave. This was possible since every burial was considered temporary until the bones could be collected in an ossuary and deposited in a burial cave.] . There are Tannaim who state, from the moment [One starts the seven days of formal mourning.] the first cover plate was laid. There are Tannaim who state, from the moment the second cover plate was laid. A case happened to Rebbi Jonah. He asked Rebbi Ḥananiah the colleague of the rabbis, who said to him, from the moment the first cover plate was laid. A case happened to Rebbi Jeremiah. He asked Rebbi Ze`ira; Rebbi Ze`ira asked Rebbi Immi [All persons mentioned are Babylonian.] . He said to him, from the moment the second cover plate was laid. He came to him; he said to him, he instructed you by a restriction. Rebbi Jonah and Rebbi Yose both say, this you are saying within the Seven {days}. But after Seven mourning already passed [All persons mentioned are Babylonian.] . If they intended it from the start. But if there was no intent from the start to remove him, from the moment the first cover plate was laid. As the following: The people of Bursa buried Gamliel from Yakontia with them. After three days they changed their mind to return him. They went and asked Rebbi Simon. Rebbi Simon said to them in the name of Rebbi Joshua ben Levi: Since you had no intention to remove him, from the moment the first cover plate was laid. A case happened to Jesua the brother of Dorai. He came to ask Rebbi Abbahu who told him, from the moment the second cover plate was laid. Rebbi Jacob bar Aḥa said to him, I was with you when we asked this from Rebbi Eudaimon from Haifa who said, from the moment the first cover plate was laid. He told him, I did not hear. If you heard, go out and instruct.

41From where in the Torah that mourning is seven {days}? He organized seven days of mourning for his father [Gen.50:10.] . Can you infer anything from before the giving of the Torah [And in any case the mourning organized by Josef could not have followed Jewish rules.] ? Rebbi Jacob bar Aḥa in the name of Rebbi Ze`ira understood it from the following: At the door of the Tent of Meeting you shall sit day and night for seven days, and keep the watch of the Eternal’ s sanctuary [Lev. 8:35, quoted incorrectly.] . Just as the Holy One, praise to Him, watched over His World for seven {days}, so you shall watch for your brothers for seven {days}. And from where that the Holy One, praise to Him, watched over His World for seven {days}? It was after seven days that the Deluge came over the world [Gen. 7:10. Gen. rabba 32(10).] . May one mourn before the dying person dies? Only flesh and blood who do not know what will be in the future do not mourn until the dying person dies. But the Holy One, praise to Him, Who knows what will be in the future did first watch for His world. Some want to say, these are the seven days of mourning for Methusela the Just [Gen. rabba 32(10), Babli Sanhedrin108b. Methusela had Lemekh when he was 187, Lemekh had Noe when he was 182, and the Flood was in Noe’s year 600, which was Methusela’s year 969, the year of his death.] . Rebbi Hoshaia said, for the Eternal’s anointing oil is on you [Lev. 10:7.] . Just as you were anointed with the anointing oil all of seven, so watch for your brothers all of seven. Rebbi Abbahu in the name of Rebbi Joḥanan: please let her not be like the dead [Num. 12:12.] . She shall be locked away [Num. 12:14.] . Just as the day of isolation for the dead are seven, so the days of quarantine are seven. One student reported this from Rebbi Joḥanan before Rebbi Simeon ben Laqish, who did not accept it. He said, here he [R. Joḥanan accepts two contradictory explanations of one and the same verse.] uses it for isolation, but there he uses it for making absolute, as Rebbi Joḥanan said in the name of Rebbi Yannai, please let her not be like the dead: just as the days of the dead are not counted, so the days of being absolute are not counted [Since a nazir must be pure, a vow of nazir made when the person either was impure in the impurity of the dead or having been declared absolutely impure in the impurity of skin disease is suspended until the person becomes pure. Only then may he start counting the thirty days of his vow. Babli Nazir 56a.] . Rebbi Jeremiah and Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish; Rebbi Abbahu, Rebbi Yose ben Ḥanina in the name of Rebbi Simeon ben Laqish: the days of crying of the mourning for Moses ended [Deut. 34:8. Gen. rabba 100(7).] . “The days”, seven. “Of crying”, two. “Mourning”, thirty [The duration of standard mourning.] . Some switch, “the days”, two, “of crying”, seven, “mourning”, thirty. Rebbi Yose, Rebbi Ḥiyya, and Rebbi Simeon ben Laqish in the name of Rebbi Judah the Patriarch: I shall turn your holiday into mourning [Am. 8:10. There is no proof from the Torah.] . Since the days of Tabernacles are seven, also the days of mourning are seven. Rebbi Immi said to Rebbi Ḥiyya bar Abba: Maybe since the days of Tabernacles are eight [And חג, biblically “holiday of pilgrim-age”, in Mishnaic Hebrew means “Tabernacles.” Babli 20a.] , also the days of mourning are eight? He answered him, the eighth day is a separate holiday [Ḥagigah 1:6, Note 151.] Or since Pentecost is one day, also mourning is one day? He answered him, from here about a deferred information [When a relative is informed of a death long after it occurred and he has to observe some signs of mourning at that time only. Babli 20a.] . And it was stated such: Current information requires Seven and Thirty. Deferred information does not require Seven and Thirty.

42Some Tannaim state: Recent information is within thirty {days}, and deferred after thirty. Some Tannaim state: Recent information is within twelve months, and deferred after twelve month. Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows the words of him who says, recent information is within thirty {days}, and deferred after thirty [Babli 20a. The formulation in the Yerushalmi shows that it doubts the name attributions given as certain in the Babli.] .

43If he was informed on the holiday about the death of a relative but the Thirty [The 30 days after the burial, when all mourning ends except for father and mother.] were completed before the end of the holiday. The colleagues are saying, since he was informed within the Thirty, he counts Seven [He has to observe the strict Seven days of mourning for himself even though the other members of the family have stopped even the minor mourning rites of the Thirty.] after the Thirty. Rebbi Yose said to them, since he heard at a moment where he could not mourn it is as if he was informed after Thirty(;) [and] he observes only one day [Babli 20b.] . Rabbi Idi of Caesarea in the name of Rebbi Joḥanan: If he received recent information on the Sabbath, he tears {his garment} the next day and mourns [Since as a general principle the Sabbath, while it is a day without mourning, is counted as one of the Seven or Thirty days. Therefore if the last day of the Thirty was a Sabbath, the information is recent and he has to act on it immediately after the end of the Sabbath.] . Rebbi Ḥanania said, he does not mourn [By the principle just explained, his not mourning on the Sabbath must be counted as mourning and he ends mourning at the end of the Sabbath with the family. But since he would have to rend his garments, he has to make up after the Sabbath.] . Rebbi Mana said to him, is there tearing without mourning? Since for his father or his mother even after a length of time he is obligated to tear [This is R. Ḥanania’s answer to R. Mana. Rejected by the Babli, 20a/b.] . Rebbi Abbahu in the name of Rebbi Joḥanan: Even as derivative of a derivative [A person either not directly involved or a more distant relative.] he is forbidden to shave. As the following: Rebbi Mana was in Caesarea. He heard that his grandson had died, and he went and eulogized [It seems that instead of ספד “to eulogize” one has to read ספר “was groomed” as printed in more recent editions of the Yerushalmi.] . They said to him, did the Rabbi not teach us, even as derivative of a derivative he is forbidden to shave? He said to them, those who were with him [A bystander present at the time of death has to tear his clothes. Babli 15a.] . We were not there. Rebbi Eudaimon bar Tobi in the name of Rebbi Abbahu: even as derivative of a derivative he is obligated to tear, as Rebbi Abbahu said, groan silently [Ez.24:17. Since Ezechiel was commanded not to mourn at the death of his wife, the list of things he is forbidden is the list of things every other mourner is obliged to follow. Babli 15a.] , from here that he has to cry. Do not arrange mourning for the dead, from here that he has to mourn. Your splendor put on yourself, some want to say, these are tefillin. Some want to say, this is pressing [Wearing freshly pressed garments.] . He who says these are tefillin; just as tefillin refer to two days, also mourning two days? He who says this is pressing; just as pressing is for thirty days, also mourning thirty days [The list in Ezechiel is a general guideline, not a legal document.] ? Put your shoes on your feet, from here that he is forbidden wearing shoes. And do not cover your mustache, from here that he has to cover his mouth. Could he cover it from below? Rav Ḥisda said, so they should not say, he has a mouth-ache. And do not eat men’s bread, from here that the smaller ones go to the greater ones [The Prophet, who is an important personality, is forbidden to accept the meal of consolation offered him by common people.] . And from where that the greater ones go to the smaller ones? Rebbi Samuel bar Rav Isaac said, it is written [Jer.16:5.] : For so says the Eternal, do not go to a funeral repast [Same argument as in Note 219, in the inverse direction.] , etc.

44It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash [The derivation of a consistent corpus of rules and laws from biblical verses. “Torah” here includes all of the Hebrew Bible.] , practices, and homiletics, greeting, and working. [This text is copied in Berakhot 2:7 (Notes277–293,ב).] Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened [A close relative died.] to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba [He did not want to permit himself to bathe, so he asked a colleague (and sometimes student).] who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen [The reasonable text is ב: He sent R. Abba bar Cohen (a very minor figure) to R. Aḥa, person of stature almost equal to R. Yose himself.] who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish [It is not known whether these are two different decisions by two different authorities, in which case they constitute precedent to be followed, or one decision reported in different ways and open to discussion.] . And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow [One has to follow the reading common to G (which restarts here) and ב: They permit and they forbid, in which case none of their statements can serve as precedent.] and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral [In the interpretation of Nahmanides (Writings, ed. Chavel, p. 175–176) this is not a general permission to bathe during the Seven days but only a sanitary prescription strictly referring to the aftermath of the burial.] , one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die [In case of scab this is a hyperbola but it means that all medically indicated ablutions are permitted during the Seven days.] ? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur [Even though the standards of medical necessity are different in the various cases.] . They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission [An involuntary emission of semen which pollutes and requires immersion in a miqweh.] , they did not know whether it was to cool down because bathing in cold water is not called bathing [For the rules of mourning only warm baths are prohibited.] . Rebbi Abba bar Cohen instructed following this statement [That cold bathing is permitted during the Seven. Babli Ta`anit 13a,13b.] .

45Rebbi Aḥa instructed about him who comes from the road and his feet ache that he is permitted to wash them with water [This is permitted in all cases as a medical necessity.] . It has been stated: “A mourner and one excommunicated are permitted to wear sandals on a trip. When they come to town they should remove them. The same holds for the Ninth of Av and public fasts [Public fast days in times of draught. Babli 15b.] .” It is stated: “At a place where one is used to greet mourners on the Sabbath one may do so. In the South one does greet [The questionable “greeting” includes a phrase similar to the one prescribed in the Babli” “It is Sabbath where one may not console but consolation soon may come to you.”] .” [Gen. rabba 100(7).] The great Rebbi Hoshaya went to some place, saw there mourners on the Sabbath and greeted them. He said to them: “I do not know the custom of your place, but be greeted according the custom of our place.” Rebbi Yose, son of Rebbi Ḥalaphta [He is the Tanna usually referred to simply as “R. Yose.”] , praised Rebbi Meïr before the people of Sepphoris: A great, holy, and meek man. At some time, he saw mourners on the Sabbath and greeted them. They said to him: Is that the one whose praise you proclaim? He said to them, what did he do? They said to him, he saw mourners on the Sabbath and greeted them. He said to them: you have to recognize his strength; he comes to make you aware that there is no mourning on the Sabbath [He and R. Meïr induced the people in Galilee to adopt the custom of the South (i. e., Lydda and its surroundings) to allow mentions of consolation on the Sabbath. Babli 24a.] . That is what is written [Prov. 10:22.] : The Eternal’s blessing makes rich, that is the blessing of Sabbath, He will not add grief to it, that is mourning, as it is said [2S.19:3.] : The king is grieving about his son.

46Samuel said, PḤZ are obligatory, NTR meritorious [Babli 24a.] . Uncovering the head, turning around the tear [One has to wear the kaftan which was torn in honor of the deceased for the entire week (except the Sabbath) but after the funeral the tear should not be seen.] , turning the couch upright [So it cannot be used.] , are obligatory. Wearing shoes, sexual relations, washing [These three items are to be read in the negative: Not wearing shoes, not having sexual relations, not bathing.] , are meritorious. A student of Samuel had sexual relations. Samuel heard, was offended by him, and he died. He said, this was said as legal rule; maybe to be acted on? Rav said, ḤZ are obligatory, PN meritorious. Turning around the tear, turning the bed upright, are obligatory; uncovering the head, wearing shoes, are meritorious. Two of Rebbi’s sons went out, one with his head uncovered having taken off his shoes; the other with his head covered wearing shoes [This proves that Rebbi did not insist in his own family that particular rules should be followed. The case shows that it was not done that a person of rank would be seen in public without having his head wrapped in a kefiyah.] . Rebbi Jonah went up to Rebbi Gorion, who came out to him wearing shoes. He said to him, what are you thinking? That one will adopt action from you [To change the general practice in Galilee not to wear shoes during the Seven days of mourning.] ? One does not learn action from an unimportant personality.

47“Reading in the Torah.” Rebbi Joḥanan said, nobody was saying anything to him [Job 2:13.] , not even a word from the Torah. Rebbi Simeon ben Laqish said to him, he himself would not have died if he had stated [Since a person who studies continuously cannot be touched by the Angel of Death. Babli 24a.] . What about it? As Rebbi Jehudah bar Pazi said in the name of Rebbi Joḥanan, because they [Job’s companions.] were at a loss how to start with him, whether about his body, or his money, or the souls of his sons and daughters. A student of Rav Ḥisda became sick. He sent him two students to study with him. He turned before them into a kind of snake; they interrupted and he died [If the Angel of Death is commanded to take the soul of a certain person who is studying permanently, he has to create a diversion which leads to an interruption of study. Babli 24a.] . A student of Bar Pedaya became sick. He sent him two students to study with him. He turned before them into a kind of (oil cake) [a star] [The Venice editor replaced the כוסבא by the familiar כוכבא “star” which in the situation is most unlikely. One may read כוסבא as Arabic kisba “oil cake”.] ; they interrupted and he died. It was stated: But he may study a subject not familiar to him. As the following: Something happened to Rebbi Yasa [A close relative died.] . Rebbi Joḥanan sent him two students to study with him. If because it is permitted we do not know; or if because it was a subject not familiar to him we do not know. What was not familiar to Rebbi Yasa [Since R. Yasa was an overriding authority, he must be assumed to be conversant with all talmudic subjects.] ? But for example rabbinic decisions people are asked about and it is for him as if not familiar [Decisions by others which might disagree with his own views.] . Something happened to Rebbi Yose bar Petrus the first father-in-law of Rebbi Joshua ben Levi. Bar Qappara sent him two students to study with him. If because it is permitted we do not know; or if because he was ardent for words of the Torah we do not know. And it was stated thus: If he was ardent for words of the Torah it is permitted.

48In any case mentioned in the Torah [It is not known whether these are two different decisions by two different authorities, in which case they constitute precedent to be followed, or one decision reported in different ways and open to discussion.] for whom a Cohen defiles himself an Israel mourns. They added to these his maternal brother and sister [One has to follow the reading common to G (which restarts here) and ב: They permit and they forbid, in which case none of their statements can serve as precedent.] and his married sister; he mourns and is in deep mourning but would not [In the interpretation of Nahmanides (Writings, ed. Chavel, p. 175–176) this is not a general permission to bathe during the Seven days but only a sanitary prescription strictly referring to the aftermath of the burial.] defile himself. For his preliminarily wedded wife [In case of scab this is a hyperbola but it means that all medically indicated ablutions are permitted during the Seven days.] he neither mourns nor is a deep mourner nor defiles himself. It was stated: About any one would mourn one joins in the mourning [Even though the standards of medical necessity are different in the various cases.] . Rav’s sister died. He commanded to his son Ḥiyya, when you will visit us, take off your shoes. The sons of Rebbi Ḥanina the brother of Rebbi Mana, died. They came and asked Rebbi Yose, does one have to overturn the bed? He told them, it is unnecessary. Does one have to sleep on an overturned bed? He told them, it is unnecessary [An involuntary emission of semen which pollutes and requires immersion in a miqweh.] . What about reading the Shema` and praying? He told them, let us understand from the following: If he was occupied for corpse digging a grave and the time for reading the Shema` and praying arrived, he moves to a place of purity, puts on his tefillin, reads the Shema` and prays [For the rules of mourning only warm baths are prohibited.] .

49[That cold bathing is permitted during the Seven. Babli Ta`anit 13a,13b.] When does one overturn the couches? From the moment when the dead left the gate of the courtyard, the words of Rebbi Eliezer. But Rebbi Joshua says, from when the cover plate was laid on the grave [This is permitted in all cases as a medical necessity.] . And when Rabban Gamliel died, after he left the gate of the courtyard, Rebbi Eliezer said to the students: Overturn the couches. And when the cover plate was laid on the grave, Rebbi Joshua said to the students: Overturn the couches. They said to him: We already did turn them over on the orders of the old man. Friday evening he rights his couch, at the end of Sabbat he overturns them. It was stated: A dargesh is put upright [Public fast days in times of draught. Babli 15b.] and is not turned over. Rebbi Simeon ben Eleazar says, he removes its qlmnṭryn [Public fast days in times of draught. Babli 15b.] and that is enough [The questionable “greeting” includes a phrase similar to the one prescribed in the Babli” “It is Sabbath where one may not console but consolation soon may come to you.”] . Rebbi Yose in the name of Rebbi Joshua ben Levi: practice follows Rebbi Simeon ben Eleazar. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa, a couch whose posts are upright [Gen. rabba 100(7).] and removed together with it, he takes them off and that is enough.

50What is a couch and what is a dargesh? Rebbi Jeremiah [He is the Tanna usually referred to simply as “R. Yose.”] said, one that one plaits [Ex. 23:2. This declares rabbinic consensus to be superior to prophetic inspiration. This claim of rabbinic authority to override the will of Heaven is the mirror image of Jesus’s claim (Matth. 12:8) that the prophet (Son of Man) is master over biblical laws.] on its body is a couch and one that one does not plait on its body [He and R. Meïr induced the people in Galilee to adopt the custom of the South (i. e., Lydda and its surroundings) to allow mentions of consolation on the Sabbath. Babli 24a.] is a dargesh. But have we not stated [Prov. 10:22.] “Bed and crib after he rubs them with fish skin [2S.19:3.] ” If he plaits on its body, why does he rub [Babli 24a.] ? Rebbi Eleazar said, explain it with those Caesarean cribs that have holes [One has to wear the kaftan which was torn in honor of the deceased for the entire week (except the Sabbath) but after the funeral the tear should not be seen.] .

51From where the overturning of beds [So it cannot be used.] ? Rebbi Crispus in the name of Rebbi Joḥanan: They sat with him towards the ground [These three items are to be read in the negative: Not wearing shoes, not having sexual relations, not bathing.] . It does not say here “on the ground” but they sat with him towards the ground, on something close to the ground. It follows that they were sleeping on overturned couches [This proves that Rebbi did not insist in his own family that particular rules should be followed. The case shows that it was not done that a person of rank would be seen in public without having his head wrapped in a kefiyah.] . Bar Qappara said: A beautiful form [To change the general practice in Galilee not to wear shoes during the Seven days of mourning.] I had in your house and you caused me to overturn it, you also overturn your bed! Some quote it by the expression “overturn the agent! [Job 2:13.] ” Rebbi Jonah and Rebbi Yose, both in the name of Rebbi Simeon ben Laqish. One said, why does he sleep on an overturned coach? So that he should wake up in the night and realize that he is a mourner. The other one said, since he sleeps on an overturned bed he wakes up in the night and realizes that he is a mourner.

52If he said, I do not overturn my bed but I shall sleep on the footstool [Since a person who studies continuously cannot be touched by the Angel of Death. Babli 24a.] one does not listen to him. Because he said, I do not overturn my bed. But if he said, I am overturning my bed, one listens to him [Job’s companions.] . The Mishnah does not say so but [If the Angel of Death is commanded to take the soul of a certain person who is studying permanently, he has to create a diversion which leads to an interruption of study. Babli 24a.] : “If one brings him the first meal [The Venice editor replaced the כוסבא by the familiar כוכבא “star” which in the situation is most unlikely. One may read כוסבא as Arabic kisba “oil cake”.] , the people sit in a circle on the ground and he sits in their circle on a footstool.” The High Priest, therefore not a common priest. In public, therefore not in private. But one does not act on this [A close relative died.] .

53Overturning the beds sometimes is for six, five, four, three {days}. On Friday, six [A close relative died.] . On Friday before sundown, five [Since R. Yasa was an overriding authority, he must be assumed to be conversant with all talmudic subjects.] . A holiday after the Sabbath, four [Decisions by others which might disagree with his own views.] . The two days of New Year, three [Same argument as the preceding one, again assuming that the burial was on Friday preceding and the first day of the New Year is on Sunday, a case excluded in the computed calendar.] . A student of Rebbi Mana [R. Mana I.] instructed a relative of the Patriarch: after he uprights it he does not have to overturn again. How many days did he do it [Later practice denies the Tosephta (2:9) that beds have to be overturned after the Sabbath (cf. above, Note 233) if they had been overturned at least two days before the Sabbath. Babli 20a.] ? Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: He did it for two days. Rebbi Abba, Rebbi Immi, Rebbi Jacob bar Zavdi in the name of Rebbi Isaac: three. Rebbi Ḥinena bar Pappus instructed to overturn it even for one day; but he saw in his dream because you rebelled [1K. 13:21. The instruction has to be retracted.] . It was stated: One who stays in an inn [Greek πανδόκιον. In the quote by Tosaphot 21a (s.v. אלו) “a guest”, even if not in a public inn.] does not have to overturn, so they should not say that he is a sorcerer.

54If his father-in-law or his mother-in-law or one of his wife’s relatives died, he cannot force her neither to put on kohl, nor make-up [Greek φῦκος, Latin fucus.] but behaves with her just as she behaves [Babli 20b.] . And so he, if her father-in-law or her mother-in-law or one of her husband’s relatives died, puts on neither kohl nor make-up but behaves with him just as he behaves. Samuel said, they said this only about his father-in-law or his mother-in-law [But not for other relatives is he obliged to overturn his bed and observe the mourning rites even in her absence. In his mourning wife’s presence the rules were explained already, Notes 231–232, as stated later in the paragraph..] . Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Judah bar Pazi in the name of Rebbi Joḥanan: If he dwells with him [It is not clear who dwells with whom. Since the authenticity of the statement is denied, the exact meaning is unimportant.] . Rebbi Yose met Rebbi Judah bar Pazi. He asked him, did you hear this from your father? He said to him, my father did not say so. In fact, the brother of Bar Nehemiah’s wife died. They came and asked him, does one have to overturn the bed? He told them, it is unnecessary. What about reading the Shema` and praying? He told them, let us understand from the following: If he was occupied digging a grave for a corpse and the time for reading the Shema` and praying arrived, he moves to a place of purity, puts on his tefillin, reads the Shema` and prays [For the rules of mourning only warm baths are prohibited.] .

55“Since they said, Sabbath is counted but does not interrupt, holidays interrupt but are not counted [While mourning is forbidden on the Sabbath, it is counted as if mourning had been observed but it does not eliminate any of the traditional mourning periods. A holiday stops the mourning, but in case of the holiday occurring during the first week the holiday week does not diminish the required lesser mourning period following the end of the holiday.] .” Rebbi Simon in the name of Rebbi Joḥanan: Because he is permitted sexual relations [On a holiday.] . Rebbi Jeremiah met Rebbi Judah ben Rebbi Simon. He said to him, (is that from) [so say] [The scribe’s text in parentheses is superior.] all students of Rebbi Joḥanan? Nobody heard this from him except your father [Who was not a regular student of R. Joḥanan.] . Rebbi Jacob said to him, if it was said, it only was said as one of the questionable statements [As noted later, sexual relations are forbidden de facto but not de jure.] . The word of Rebbi Joshua ben Levi implies that he is forbidden sexual relations. As Rebbi Simon said in the name of Rebbi Joshua ben Levi [R. Simon’s statements in the name of his teacher R. Joshua ben Levi are authoritative. The Babli 24a brings it in the name of Rebbi Joḥanan.] , even though they said that there is no mourning on a holiday, the public observe it in private. What means in private? That he is forbidden sexual relations. They objected: Since on a holiday he is forbidden sexual relations and it does not count, the Sabbath where he is forbidden sexual relations should not count. Rebbi Abba said, it is possible to have Seven without a holiday [A very infrequent event does not lead to general rules.] ; it is impossible to have Seven without a Sabbath.

56MISHNAH: Rebbi Eliezer says, since the Temple was destroyed Pentecost is like Sabbath [When the Temple existed, the entire week starting with Pentecost was festive occasion for holiday sacrifices. Without a Temple Pentecost is just one day like the Sabbath.] . Rabban Gamliel says, New Year’s Day and the Day of Atonement are like holidays [New Year’s Day is under the rules of holidays. The Day of Atonement goes by the rules of the Sabbath but in contrast to the Sabbath no infraction is a capital crime.] . But the Sages are saying not like the words of either one but Pentecost is like holidays [It is a full holiday in all Pentateuchal lists of these.] , New Year’s Day and the Day of Atonement are like Sabbath [The Mishnah states that the Seven days of mourning are stopped by Pentecost and are not to be resumed after the holiday. The question now is how does this influence the count of Thirty days?] .

57HALAKHAH: They said in the House of Rebbi Yannai: Pentecost is counted as seven like holidays.They asked before Rebbi Yose: Three preceding Pentecost, and Pentecost seven, is that ten? Or three preceding Pentecost are seven, and Pentecost seven, they are fourteen [The Mishnah states that the Seven days of mourning are stopped by Pentecost and are not to be resumed after the holiday. The question now is how does this influence the count of Thirty days?] ? Rebbi Yose the important one said, one day preceding Pentecost is counted five, two days after Pentecost are counted as four. Three, the decree of Seven is cancelled [Since Mishnah 5 states that the holiday is not counted for the Thirty, neither is Pentecost. All its influence is to stop the count of Seven. Babli 24b.] .

58It was stated: One makes no consolation visits on New Year’s Day and the Day of Atonement. Rebbi Samuel bar Rav Isaac said, one makes consolation visits on the Day of Atonement which falls on a Sabbath. As the following: Something happened to Rebbi Ḥizqiah. The rabbis came to pay him a consolation visit on the Day of Atonement. He said to them, did they not say that one makes no consolation visits on New Year’s Day and the Day of Atonement? Not because of prayer? There is a difference, concerning the Day of Atonement which falls on a Sabbath; there is a difference, concerning the Day of Atonement which falls on a weekday.

59MISHNAH: Only the relatives of the deceased tear their clothes, or take them off [It used to be that male mourners were sitting with bare shoulders.] , or are brought the first meal [On a holiday; whereas on weekdays those close to the deceased also could show their mourning. The first meal cannot be prepared by the mourners themselves at any time.] . One receives the first meal only on upright standing couches [In contrast to weekdays when overturned couches are the standard.] . Also one carries the first meal to the mourner’s house neither on a tablet [Latin tabula.] , nor in a bowl [Latin scutella.] , nor in a reed basket [Greek κανοῡν.] ; only in sacks [Since the poor have only sacks, they should not be excluded from the meritorious act of providing the first meal.] . On the holiday one does not recite the blessing of the mourners [In the cemetery all burial ceremonies are omitted.] , but one stands in a row, consoles, and dismisses the public [When leaving the cemetery the public forms two rows between which the mourners leave while the public tells that the All-Merciful may console them among the mourners of Zion and Jerusalem. In contrast to weekdays the public is dismissed at the cemetery and the mourners return to their house unaccompanied.] .

60HALAKHAH: “Only the relatives of the deceased tear their clothes, or take them off, or are brought the first meal. Rebbi Jeremiah said, only relatives who have to mourn [As enumerated in Halakhah 5, Notes 226 ff.] . As this which was stated: If a Sage dies [all] are his relatives, even relatives who do not have to mourn. As the following: Rebbi Abun died on a holiday and Rebbi Mana did not participate in mourning. The Sepphoreans said, he hates him even in death. After the holiday he eulogized him. He preached and said in front of them, as was stated: If a Sage dies all are his relatives, referring to those who were present. We were not present [And therefore prevented from mourning on the holiday.] .

61He who tears the seam or the inner seam or the shawl, it is no tear [Rending one’s clothes is valid only if the tissue itself is torn. Babli 26b.] . From mending it is a tear. What is mending? Rebbi Aḥa said, any whose place is not recognizable.

62Ten tears may not be mended artistically: He who tears for his father, and for his mother, and for his teacher who taught him wisdom, and for the Patriarch, and for the Chief Judge, and because of bad news, and because of blasphemy, and because of burning Torah, and for Jerusalem, and for the Temple [Babli 26a, Semaḥot 9.] .

63For his father, and for his mother, and for his teacher who taught him wisdom, from where? And Elisa saw, and he cried ‘my father, my father, chariot of Israel and its charioteers’ [2K. 2:12. The verse ends: he got hold of his garments and tore them into two tears.] . Rebbi Mattun asked before Rebbi Joḥanan: May one infer instruction from Elisa [Since Eliahu did not die, nothing should be inferred from Elisha’s actions. Babli 26a, Sanhedrin 60b.] ? He said to him Mattun, Mattun, just as a dead person from the moment he is deceased cannot see him, so also from the moment he disappeared he did not see him. In the same way one tears for the Sages so one tears for their students. Who is a student of the Sages [Qualified that the public should mourn for him. From here on to the end of the Tractate the text is written twice by the scribe. The second text is only partial, the remainder has been filled in by the corrector. The scribe’s second text is noted “2” in the variant readings; the corrector’s mostly has been disregarded.] ? Ḥizqiah said, any who has studied practices up to the Torah [For any rabbinic or biblical rule he can explain the origin and its development.] . Rebbi Yose said to him, that you are saying for earlier ones. But today only practices [It is enough that he knows all the rules.] . Rebbi Abbahu in the name of Rebbi Joḥanan: Any who neglects his business for his learning. It was stated: Any whom one asks and he answers. Rebbi Hoshaia said, for example, we, since our instructors supervise us and we answer them [The baraita could have been interpreted to mean that a Student of the Sages must be able to answer any question in rabbinic learning. This is now qualified that he only has to pass the examinations which qualify for ordination.] . Rebbi Abba bar Mamal said, any who can explain his Mishnah. But as relates to us, even our teachers are not wise to explain our Mishnah [He denies that the rules of Students of the Sages apply to anybody nowadays.] .

64[A very similar text is Horaiot 3:4, Notes 251ff., Bava meṣia` 3:13, Notes 136–145.] “Who is his teacher? The one who taught him first [Text of G: His teacher who taught him Scripture and Mishnah, the elementary school teacher.] , the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him. [Tosephta Horaiot2:5, Bava meṣia` 2:30.] ” What means, who explained a Mishnah to him? [Reading of G and corrector: “even in only one subject.”] Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched [The name tradition in the Tosephta is not certain.] . Rebbi Eleazar tore his garment for his first teacher. Samuel took off {his shoes} for one who had explained a Mishnah to him [As a sign of mourning.] . What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “There are two keys. For one he has to go down to his arm-pit and one opens straight. [Mishnah Tamid 3:6.] ” What means “for one he has to go down to his arm-pit”? He had to lower his hand under his arm-pit until it could be opened [The doors of the Temple Hall could be opened only from the inside. When the door was locked, a Cohen entered from a small side door which led to a guard room. The lock of this side door was hidden; the Cohen had to take the key, lower his entire arm to the arm-pit behind the partition wall and only then could insert the key. Tamid30b.] .

65From where for the Patriarch, and for the Chief Judge, and because of bad news? David grasped his garments and tore them [2K. 1:11.] , etc. [2K. 1:12.] They eulogized, and cried, and fasted for Saul, that is the Patriarch, And for his son Jonathan, that is the Chief Judge, and about the Eternal’s people and the House of Israel, for they fell by the sword; these are bad news [This is the definition of bad news for which one has to mourn. Babli 26a.] .

66For blasphemy, from where? [Why does one have to rend his garment when he hears blasphemy since this obligation is not mentioned in the Torah?] When king Hezekias heard the words of Rab Šake, he rent his garment [2K.19:1. Since the king heard the blasphemy from his ministers, it proves that one has to rend his garment even if he hears it indirectly. Babli Sanhedrin69a.] . Does one have to rent for a Gentile’s blasphemy? According to him who said that Rab Šake was a Gentile, one rends. According to him who said that Rab Šake was a Jew, one does not rend [On the one hand, it is not likely that a high official of the king of Assyria was not an Assyrian. On the other hand, why should a high Assyrian official be able to speak Hebrew unless he was a Jewish apostate? Sanhedrin7:1, Note 231; Babli Sanhedrin60a. M. Cogan and H. Tadmor, II Kings, The Anchor Bible vol. 11 (1988) p. 230.] . Rebbi Hoshaia stated: Both one who heard blasphemy from an Israel or one who heard blasphemy from a Gentile have to rent their garment. What is the reason? Since I am the Eternal, God over all [flesh], should anything be extraordinary to me [Jer. 32:26.] ?

67Does one rend his garment nowadays [Jer. 32:26.] ? Rebbi Yose, Rebbi Jeremiah in the name of Rebbi Joḥanan [Compared to Sanhedrin, the chain of transmission is much shortened.] : When blasphemers proliferated, they stopped rending [The same statement in the Babli Sanhedrin60a in the name of R. Ḥiyya (bar Abba). The implication is that the status of substitute names is the same as that of the Name.] . Does one rend for substitute names today? Let us hear from the following: Rebbi Simeon ben Laqish was travelling on the highway. He met a Samaritan who was repeatedly blaspheming, and he was rending. He dismounted from the donkey and gave him a blow on his heart saying to him: Criminal! Does your mother have garments to supply me with? This implies that one rends for substitute names [Disagreeing with R. Joḥanan.] and rends his garments at the present time.

68Because of burning Torah from where? It was when Yehudi read three or four stanzas [Jer. 36:23.] . What means “three or four stanzas”? Three or four verses. When he came to the fifth verse [Thr. 1:5. Traditionally the scroll cut into pieces and burned by King Yehoyakim was a first version of Threni.] , for the Eternal afflicted her for the magnitude of her sins, immediately he cut it off with a scribe’s knife and threw it, etc. But they showed no fear nor tore their garments [Jer. 36:24. Since the ministers are chastised for not tearing their garments it follows that there was an obligation to do so. It also follows that “Torah” includes all of the Hebrew Scriptures.] .

69He who sees a dead scholar is like him who sees a Torah scroll burned. Rebbi Abbahu said, it should come over me if I tasted anything that whole day [When he buries a fellow scholar.] . Rebbi Jonah was in Tyre. He heard that Rebbi Abbahu’s son had died. Even though he had eaten and drunk water he kept it as fast day that whole day [On fasting only part of the day cf. Nedarim8:1 Note 20.] . Rebbi Abba and Rebbi Huna bar Ḥiyya were sitting. An ostrich came and snatched Rebbi Huna bar Ḥiyya’s tefillin. Rebbi Abba caught it and strangled it. Rebbi Huna bar Ḥiyya said to him, we almost came to burning the Torah. He said to him, do you still hold this? So said Rav Jeremiah in the name of Rav: One only rends his garment for a Torah scroll which an Israelite king burned forcibly, as e. g. Yehoyakim ben Josia the King of Judah [Some of whose ministers tried to talk him out of burning the scroll, Jer.36:25. Babli 26a.] . Ulla from Bireh, Rebbi Eleazar in the name of Rebbi Ḥanina: He who sees a Torah scroll burned has to rend his garment separately for the parchment and for the writing. What is the reason? After the king’s burning of the scroll and the words [Jer.36:27.] . The scroll, this is the parchment. And the words, that is the writing [Babli 26a.] .

70Rebbi Berekhia, Rebbi Ḥelbo, Ulla from Bireh, Rebbi Eleazar in the name of Rebbi Ḥanina [Copied in Megillah 3:2, Notes 68–73. Shortened in the Babli, Ta`anit 31a, Midrash Ps., Ps. 48[5].] : In the future the Holy One, praise to Him, will lead a circular dance for the Just ones. What is the reason? Put your hearts to the walls [Ps. 48:14.] , it is written “to its circular dance. [This reading is not found in Masoretic texts.] ” And the Just one will point with their finger and say, Truly, He is GOD, our Power, Forever; He will lead us beyond death [Ps. 48:15.] ! Almut, in strength; almut, in agility. Almut, like these girls. Akilas translated ’αθανασία, a world without death. And the Just one will point with their finger and say, Truly, He is GOD, our Power, Forever; He will lead us beyond death! He will lead us in this world, He will lead us in the future [Jer. 41:5. Babli 26a.] .

71“And for Jerusalem, and for the Temple.” There came men from Sichem and from Shilo and from Samaria, eight men with shaved beards and torn garments, the first tear is one hand-breadth, the addition anything [Jer. 41:5. Babli 26a.] . One who was informed that Jerusalem was destroyed like one who sees Jerusalem in its destruction has to tear. He who sees Jerusalem from Mount Scopus has to tear [Babli 26a.] . There are Tannaim who state, he adds to the tear. There are Tannaim who state, the first tear is one hand-breadth, the addition anything [Not nothing but possibly less than the smallest unit of measurement in use.] . There are Tannaim who state, the first tear is one hand-breadth, the addition three finger-breadths. Rebbi Yose, Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba; Rebbi Ḥizkiah, Rebbi Jeremiah in the name of Rebbi Joḥanan: Practice follows him who said, the first tear is one hand-breadth, the addition anything.

72Does one have to sever the trim [The double seem which forms the end of the garment at his neck. Rending of garments in mourning starts at the neck.] ? Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: David grasped [2K. 1:11.] . There is no grasping less than a hand-breadth [Babli 22b.] . And tore them, Rebbi Simon in the name of Rebbi Joshua ben Levi: From here that he has to sever the trim [In the Babli 26b this is required only for father or mother.] . If a relative died, he rends. If another relative died, even if he heard about his father or his mother, or his teacher who taught him wisdom, he rends one tear for all of them. Rebbi Jehudah ben Tema says, he rends for each one separately, only that he shall not make that for his father or his mother as an addition. Is that not the first {statement} [Since R. Jehudah ben Tema only requires that for every deceased there should be a separate action of rending, not that a new tear should be started at the rim of the garment.] ? But he may not add to that for his father or his mother. Rebbi Ḥelbo and Rav Mattana, Yose ben Manisha in the name of Rav: Practice follows Rebbi Jehudah ben Tema. If a relative died, he rends. If another relative died, he adds to the tear and rends. How far? Rebbi Ḥanina said, until he reaches to his navel. An old man stated before Rebbi Ze`ira: Even if he receives another garment during all the Seven he is obligated to rend [He is not permitted to wear a whole garment during the Seven days of mourning.] . Rebbi Ze`ira said to him, this you are saying about other relatives. But for his father and his mother even after the Seven he is required to rend. If a relative died, he rends. If another relative died, he moves three finger-widths and rends. If the front is full he starts in the back. If the upper part is full he starts with the bottom part [Babli 26b.] . If both of them are full, Rebbi Ḥiyya the son of Rebbi Ada from Yafo says, he became shabby [Since in shabby clothing he is not permitted to lead in prayer, he has to get another garment and rend it.] .

73Rebbi Ḥinena bar Pappus went to visit Rebbi Tanḥum ben Rebbi Ḥiyya [To make a consolation visit to a mourner.] . He went out to him in dishonorable garb [The consensus of all dictionaries following Buxtorf is: “senatorial”, which is most inappropriate. I am reading the word as Arabic שנט֗ר “to dishonor”.] . What is dishonorable garb? Garments which are short-sleeved. He said to him, from where do you have this [To wear not only a garment which is torn but one which is inappropriate to be worn by a person to whom respect is due.] ? He said to him, so acted my teacher Rebbi Simon. He said to him, pray for me [The mourner asked the visitor.] . He said, may your breach be fenced in. For all of this year judgment is directed towards this family, as Rebbi Joḥanan said [Babli 27b, text and Tosaphot מכאן.] : All Seven the sword is drawn. Up to Thirty it wavers. After twelve months it returns to its sheath. To what can this be likened? To a stone cupola. If one becomes loose, all are loose. But Rebbi Eleazar aid, if a male child was born to this family, the entire family is healed.

74From where that the mourner has to rend while standing? As it is written, Job rose, rent his coat, and shore his head [Job 1:20.] . Rebbi Judah bar Pazi in the name of Rebbi Joḥanan: From here that the mourner has to rend while standing [Babli 20b, bottom.] . As Rebbi Joḥanan said [This text is impossible since R. Yasa (Assi) was a student of R. Joḥanan. Qorban Haedah emends to: “When R. Joḥanan died.” This emendation is possible.] , Rebbi Yasa instructed to patch up the next day [The students who are mourners who are not required to keep the Seven days.] . When Rebbi Yasa died, Rebbi Ḥiyya bar Abba instructed to wear shoes on the same day. Rebbi Ze`ira said, they do not disagree [While they disagree whether a mourner who is not a close relative has to show the signs of his mourning the entire day of the funeral or only to the end of the funeral services, they agree that wearing leather shoes and patching up the tear in the garment go together.] . He who says to patch up the next day, one shall wear shoes the next day. He who says to wear shoes today one patches the same day.

75They told him, Reuben died, and he rent. After that they said to him, it was Simeon [And both are his close relatives for whom he has to rend his garment.] . He already fulfilled his obligation tearing. They told him, Reuben died, and he rent. After that they said to him, he was alive but then died. There are Tannaim who state, he fulfilled his obligation tearing. There are Tannaim who state, he did not fulfill his obligation tearing. He who said, he fulfilled his obligation tearing; already he rent. He who said, he did not fulfill his obligation tearing, did he not rent about a living person? Furthermore, from what was stated: [From here to the end of the Halakhah the text is copied from Berakhot 2:1 (Notes 49ff., ב) For the present text, Babli Nedarim87a; Bava qamma 73b.] He rent but then his soul returned. If immediately, he does not have to rend. If after a delay he has to rend. What is immediately? The time for speech. What is the time for speech? Rebbi Simon in the name of Rebbi Joshua ben Levi: up to a greeting from one person to another. Abba bar bar Ḥana in the name of Rebbi Joḥanan: up to a greeting from a student to his teacher, that he would say: “peace be with you, my teacher.”

76[This and the next paragraph have no relevance for the topic under discussion; they are included since together with the preceding paragraph they formed a unit for transmission both here and in Berakhot2:1 (Notes 53–64).] Rebbi Joḥanan was leaning on Rebbi Jacob bar Idi when Rebbi Eleazar saw him and hid himself before him. He said, these two things this Babylonian does to me: First, that he does not greet me, and second, that he does not teach the traditions in my name. He said to him, thus they behave among themselves; the younger one does not greet the older since they observe Boys see me and hide themselves, and old people rose and stood [Job. 21:8.] . As they were walking, he saw a Bet Midrash. He [R. Jacob bar Idi.] said to him: Here Rebbi Meïr sat and reported traditions in the name of Rebbi Ismael but he never reported traditions in the name of Rebbi Aqiba. He [R. Joḥanan.] answered: Everybody knows that Rebbi Meïr was the student of Rebbi Aqiba. He [R. Jacob bar Idi.] retorted, everybody knows that Rebbi Eleazar is the student of Rebbi Joḥanan. May one pass by the water statue? He [R. Joḥanan.] said to him, do you want to honor it? Pass it by and blind its eyes! He [R. Jacob bar Idi.] said to him, Rebbi Eleazar did well that he did not pass before you. He [R. Joḥanan.] said to him: Rebbi Jacob bar Idi, you know how to pacify. But Rebbi Joḥanan required that traditions should be reported in his name. Also David begged for divine mercy in this respect, may I dwell in Your tent forever [Ps. 61:5.] ! Rebbi Phineas, Rebbi Jeremiah, in the name of Rebbi Joḥanan; Could David think of living forever? Rather, David meant: May I have the merit that my words will be mentioned in my name in synagogues and houses of study. What profit does he have from this [Translated following the text in Berakhot. The word אנים used here seems to be a corruption.] ? The son of Tira [With the other two sources read: “Ben Nezira”; ט is a scribal error for נז.] said: If someone mentions a tradition in the name of its author, the latter’s lips whisper with him in the grave. What is the reason? Dripping from the lips ofthe sleeping ones [Cant. 7:10.] . Like that bunch of grapes which drips by itself. Rebbi Ḥinena bar Pappus and Rebbi Simon, one said, like one who drinks spiced wine [Latin conditum (vinum).] , the other said, like one who drinks old wine, even though he consumed it, its taste remains in his mouth.

77There is no generation without scoffers. What did the hooligans of that generation do? They went to David’s windows and said to him: David, when will the Temple be built, when will we go to the Eternal’s house [Knowing that he could not build it.] ? But he said, even though they intend to enrage me, it comes over me that I am happy, I enjoy it when they say to me: let us go to the Lord’s house [Ps. 122:1.] . When your days will be complete to go to your fathers [1Chr. 17:11. The quote in Berakhot is influenced by 2S. 7:12.] ; Rebbi Samuel bar Naḥman said, the Holy One, praise to Him, said to David: `I am counting full days for you, I am not counting missing days for you [This is one of the blessings bestowed on Israel at Sinai (Ex. 23:26) that the Just will live complete years, as in fact Moses died on his 120 birthday. The actual age of David is never mentioned.] . Will not your son Solomon build the Temple to sacrifice? Law and justice that you are upholding is more to my liking than sacrifices.’ What is the reason? Upholding justice and law is preferred by the Eternal to sacrifice [Pr. 21:3.] .

78MISHNAH: One does not put down the bier on the plaza, not to force a eulogy [On weekdays the bier is put down at places where there is space to accommodate the crowd to be repeatedly addressed by a eulogizer. Eulogies are forbidden on the holiday; in order not to bring the attendees to expect a eulogy one carries the bier directly to the cemetery.] , nor that of women ever for reason of honor [It is considered insulting to a woman to make her the object of a public spectacle.] . Women on a holiday wail in chorus but do not clap hands [According to Rashi this means they clap with their hands; others explain that they clap hands on hands or hands on hips.] . Rebbi Ismael says, those close to the bier clap hands.

79HALAKHAH: [The Halakhah is a continuation of the preceding one; Mishnah 8 is not discussed.] For all deceased he pushes the bier and minimizes the activities [To have the deceased buried as quickly as possible, which is beneficial to the deceased.] ; for his father and his mother he maximizes the activities and does not push the bier. If it was a time of emergence or the rainy season, even for his father and his mother he maximizes the activities and does not push the bier [In Semaḥot9 (and the corrector’s text here) “minimizes, pushes”. But in the scribe’s text “does not maximize” was written and the negation then deleted. Together with the evidence of G this prevents amending the text.] , since everybody who maximizes the activities for his father and his mother is praiseworthy.

80[The following paragraph is a re-writing of one in Sanhedrin2:1 (Notes 31–38) and Horaiot3:6 (Notes 200–202). About rending the trim around the neck, see Notes 330 ff.] For no deceased one he rends the trim except for father and mother, the words of Rebbi Meïr. Rebbi Jehudah says, any tear which does not completely sever the trim is a frivolous tear. Rebbi Joḥanan disagrees with Rebbi Jehudah in two things. Rebbi Joḥanan heard that Rebbi Ḥanina was weak. He was going up to visit him. On the road he heard that he had died. He descended from his donkey, took out the good Sabbath garment, and tore it. As we have stated there [Mishnah Horaiot 3:6.] : “The High Priest rends his garment below, the common priest above.” Rebbi Eleazar in the name of Cahana: On top, high starting with the seam, below, low starting with the seam. Rebbi Joḥanan said, really low. Rebbi Eleazar in the name of Cahana follows Rebbi Jehudah. If following Rebbi Jehudah, he should not tear at all! How about this? It is a stringency for the High Priest that he shall sever the seam completely [Meaning that it is a stringency for the High Priest that he is forbidden to sever the seam completely. The High Priest is forbidden to let his hair grow or tear his clothes (Lev. 21:10). R. Meïr interprets the verse to mean that in mourning he may not tear his garment in the way other people do The Mishnah is R. Meïr’s. It is obvious that one speaks here of the High Priest’s personal belonging, not his robes of office, which may not be torn (Ex. 28:32,29:23). The point is made that Lev. 21:10 does not use the frequently used verb קרע “to tear” but the infrequent פרם “to tear in little pieces”. This is interpreted in Sifra Emor Parashah 2(3) to mean that the High Priest is not totally forbidden to rend his garments, only he may not do what everybody does. If he rends it, it may only be at the bottom, where few people will notice, and it may not be deep. Horaiot 12b.] .

81For all deceased he stitches together after Seven and mends after Thirty [Babli 22b. In the Babli and in Nazir this is an Amoraic statement.] . For his father or his mother he never mends. It was stated in the name of Rebbi Nathan: A woman stitches together immediately and mends after Thirty {days}; for her father and her mother she never mends [Babli 26b.] . What is mending? Like fabric. [The mended piece looks like new fabric.] The ladder [An outer garment made of strips, looking like a ladder. Since it does not cover anything there is no need to rend it.] and the qepeš [A hapax; no traditional meaning is known. Since it appears in one sentence with a “ladder garment”, one may conjecture that this also is a garment which does not cover anything but its strips are both horizontal and vertical: Arabic قفص “make in shape of a net.”] do not obstruct [If it is not torn, no rules are violated.] .

82For all deceased he rends the uppermost {garment} only. For his father or his mother even ten on top of the other. The head cover [The Kafiyya, Greek ʼεπικάρσιον “striped garment”.] does not obstruct. A woman rends only the uppermost. It was stated: Rebbi Simeon ben Eleazar says, a woman rends the undergarment, turns it around, and rends the remainder [Babli 26b.] .

83For all deceased he is forbidden ironing up to Thirty. For his father and his mother all of twelve months. What is ironing? Ironed new woolen garments and ironed white linen garments [These look like new when properly ironed and therefore are forbidden. Babli 22b.] .

84For all deceased he cannot shave until after Thirty; for his father and his mother until it becomes wild growth or until his relatives complain [Babli 22b.] . <as the following:> [Inserted from G.] The mother of Rebbi Samuel ben Eudaimon died eight [In G: 3. In the text the question is about the influence of the holiday on the observance of the Thirty. In the text of G it is about the Seven; but since shaving is forbidden in the Thirty there would be no reason to ask. Therefore the manuscript text is preferable to that of G.] days before the holiday. He came to ask Rebbi Mana who told him, anything dependent on Seven and Thirty is interrupted by the holiday. But here, until it becomes wild growth or until his colleagues complain.

85For no deceased he does bare his heart except for his father and his mother, the words of Rebbi Meïr. Rebbi Samuel in the name of Rebbi Eudaimon bar Tanḥum: Because the commandment “honor” became inactive for him.

86For all deceased he is forbidden to peddle merchandise all Thirty days. For his father and his mother until his colleagues criticize him and say, go out with us [Babli 22a/b.] .

87For all deceased he is forbidden to go to a dinner all Thirty days; for his father and his mother up to twelve months. If it was a religious assembly or the Sanctification of a month <it is permitted.> [Unreadable in the manuscript, added from G (and the Venice print.)]

88<If he was> [Unreadable in the manuscript, added from G (and the Venice print.)] exchanging garments all the Seven he is obligated to rend all of them [Babli 24a.] . The Great Rebbi Ḥiyya and Rebbi Ḥama the father of Rebbi Hoshaia both say, all of them are forbidden to mend. Bar Qappara says, only the one of the first day is forbidden to mend. Rebbi Ḥuna [In G: R. Hinena.] said, there is another disagreement between them. He who says, all of them are forbidden to mend, makes the following days like the first day. Even if he wears several garments, he has to rend all of them. [Text of the Leiden scribe: He who says, only the one of the first day is forbidden to mend, makes the other days supplement. Even if he wears several garments, he rends only the outermost. Text of the Genizah scribe: For him who says, only the one of the first day is forbidden to mend, the other days are supplement; he rends only the outermost.]

89MISHNAH: On New Moons, Ḥanukkah and Purim [Which are holidays but on a much lower level than the intermediate days of biblical holidays.] they wail in chorus and clap their hands, but in neither case they recite dirges. After the deceased was buried they neither wail in chorus nor clap their hands. What is wailing in chorus? They all recite together. A dirge, if one speaks and all repeat after her, as it is said [Jer.9:19.] , and teach your daughters wailing and a woman her friend dirge. [Missing in G.] But in the Future World what does it say [Is. 25:5.] ? He swallowed up Death forever, and the Eternal, God, wiped tears from all faces, etc.

90HALAKHAH: Rebbi Tanḥum bar Illai expired on Ḥanukkah. Rebbi Dosa expired on the New Month of Nisan. They made them [Translated following G.] outside [The common translation is: “They prepared them the first meal after the burial”, סְעוּדַת הַבְרָאָה. In that sense אבריה would be hapax; its meaning not confirmable from other sources. Since the requirement that the first meal after the burial not be prepared by the mourners themselves nowhere is qualified that it would apply only on weekdays, the translation is unconvincing. It seems much better to stay with the common meaning of איברייא “outside” (root בר). The funerals were organized that the wailing women, mentioned in the Mishnah, performed outside, in the street, on the way to the cemetery. This is frowned upon because it invited the delivery of public eulogies. The implication is that public eulogies are not to be held on New Months, Ḥanukkah, and Purim, even though this is not stated in the Mishnah. However if they happen, the rabbinate is not required to intervene, since in the cases mentioned here the displeasure of the rabbis only was discovered after the fact.] . They thought, with the agreement of the rabbis. They investigated and found, not with the agreement of the rabbis. Rebbi Crispus expired on the holiday. They made him outside. They thought, with the agreement of Rebbi Immi. They investigated and found, not with the agreement of Rebbi Immi. Rebbi Ḥelbo, Rebbi Abba bar Zavda in the name of Rav: Even momentarily [On the minor holidays mentioned in the Mishnah one does not stop the funeral procession on the way to the cemetery even momentarily.] , from this [Num. 20:1; Babli 28a. The verse is interpreted in Seder Olam to imply that Miriam died on the 1st of Nisan and was buried immediately (in the author’s edition Chap. 9, first sentence, and commentary).] : And Miriam died there and was buried there. But we see that the rabbis repeat the words [Tosephta 2:17.] . Rebbi Jeremiah said, the colleagues are careful and they will not deliver eulogies.

91It was stated [Tosephta 2:17.] : One does not bring flutes the the house of the mourner [Playing mourning dirges on instruments would be “going in the ways of the Emorites”, a pagan ritual.] , but one brings to a festivity [Any private festivity, as described in Plato’s Symposion.] and a wedding feast [Either this refers to New Moon etc., or to a wedding on the eve of a major holiday when the main festivity is during the intermediate days of the holiday.] .