Van Pns Naiwina O^Y D"TN Oj?B)P O Npi N Vil Tliwic^ :N Fljvm (Fol. 34D

'van pns naiwina

O^y D"TN Oj?b)p OnpiN Vil TliWiC^ :N flJVM (fol. 34d) nrriy irn^ni .ojn oari ny i-paq ty rpn» oj-frr? Ninyj 717:? ;jinn

n* ty ^inn o^» n^ n* ty linn n* Nn»v> wpflii mT>av

.jiiiit)? 10b inil? ni^ ViSl naio?

Mishnah 1: In earlier times they said a person may collect wood, stones, and grasses on his own property in the way he may collect on somebody else's property, but only large pieces1. But after transgressors became numerous2 they decreed that everybody only collect from somebody else's without reciprocity3 and it goes without saying that he does not have to allot him food4.

1 Since agricultural land is ac- weeding and clearing their fields from cessible to everybody in the Sabbatical stones. year, one may collect not only food but 3 He arranges to clear a friend's also weeds, etc. But it is forbidden to field and the friend will clear his. weed and to improve one's property in 4 The last clause is unnecessary. the Sabbatical; therefore, the owner If a person removing weeds and only is permitted to remove large pebbles from another person's field pieces from his field, not small weeds cannot expect that the other person and small stones whose removal will do the same for him, he cannot requires the most effort. expect the other person to feed him 2 They said that they were taking while he is cleaning his field. large pieces when in effect they were HALAKHAH 1 425

io-iis yon nji> ."id on>?iN vn mi^fO} M nain (foi.35)

030 nts VW o^tyJJ) o^V ojp^o onniN vn nJWN-a >MI>)?

ni>n> nym .D>oj> o>j?i V3 ii^n TY1? opb» Ninv> nil? oan

053^)3 nî rii -jinn ojJÎQ n* .i3\pj?>!? -iniN in") N -iniN irn naio? vv>l?£>? nnioi T\\ TY înn

.>1390 ini li-^n ip PNUO 171»$ wpj^n n^io? Halakhah 1: "In earlier times they said," etc. Rebbi Jonah said, the Mishnah has to be stated as follows5: In earlier times they said, a person may collect wood, stones, and grasses on his own property, but only large pieces, in the way he may collect on somebody else's property both large and small pieces. When they suspected that people were collecting but were saying, we took only large pieces, they decreed that everybody only collect from somebody else's property without reciprocity. When they suspected that people were collecting in reciprocity but saying, we collected without reciprocity, they decreed that one may collect only from close by and from what is in ample supply6.

5 A much shortened version of translate ,i2fnn by "ownerless property", this is in Tosephta 3:8. but this acceptation is not supported by 6 The commentators, from R. any parallels. Eliahu Fulda to R. Saul Lieberman,

rowio rowN-> NYW ION

Rebbi Zei'ra said, first and first are supported7.

7 Of the three restrictions indi- coarse matter and that one may not cated by R. Jonah and the Tosephta, collect in reciprocity, are valid. The only the first two, that one may not third one, not mentioned in the collect from one's own other than Mishnah, is not practice. 426 SHEVI'IT CHAPTER FOUR

T *TnnDi n im>T3 ovyT im>T3 • nn>T n: IT T Jiroi*T - n- inona •/ ovy inonT n Vrm> t nT : IT

Nin •)? jpN on .o>j?i?\{> D>oan in nno^ inn

.ji^nyjn iniw-173 TIN

If his animal was there, his animal is proof for him8. If his cooking stove was there, his cooking stove proves for him9. If he collected the coarse pieces, may he come back and collect the coarsest of the smaller ones? If you say so, he will collect his entire field.

8 He collects weeds as animal fragment has imto "his basket" instead fodder, not to weed his field. of into "his cooking stove"; this might 9 He collects fallen wood as fuel, be the better reading. not to clean his field. A Genizah

.HON mx>?N Nim ny *V?N iqn Vins VPi liTnp

,n\y rnm ton >p.Na nivjiisn w fvsjoi ni:>v>yn nzs boii vny ^vrprt

,-ntw mx)pN Nin o>riy> iN nnN in* m

If his field was full of coarse pieces10, there are two Mishnaiot; one said, it is permitted, one said, it is forbidden. (Mishnah 3:7) "He who clears his field from stones takes the upper ones and leaves those which touch the ground11;" that means it is permitted. (Mishnah 4:4) "Who is the one who thins out? He takes one or two;12" that means it is forbidden.

10 If he takes all the coarse pieces, 12 The Mishnah deals with a his field is weeded and cleaned. person pruning olive trees. One may 11 There is no limit on the number thin but one may not clean out. The of stones he may remove; even if his one who thins cuts one or two entire property is covered with stones branches; more is cleaning. This Mish- he may remove them. Since the nah stipulates that one may not clean Mishnah here does not indicate any his olive tree completely; by analogy limit on what one may take, there is no one may not clean out his field. limit. HALAKHAH1 427

©an tin rpnn o>nyv) o>sy din njti rov^N /p "Win? ioN jvynya V3 VP1 i*vir) ty oji&p NID^ nil? t^D

ON !7jjyt> ON .001*0 «IN >->ri ro^N .p omNi «]N .*r>n»3 N> in Nion "Tiv na>j?v >n-t on?)? ow? nth>

i>n N3Ni n>> .-uon rp>i rp> NO-)? IO^N

on on

Is it the same on the intermediate days of a holiday? A Tanna was found who stated: "A person may collect wood, stones, and grasses on his own property, but only large pieces, in the way he may collect on somebody else's property both large and small pieces, in a Sabbatical year but not during he intermediate days of a holiday." Is it the same for stones13? It was found stated "including stones". "The heart knows whether it is straight or crooked.14" Rebbi Yosah in the name of

Menahem: Rebbi Aqiba followed his own rule. He saw a person pruning his vineyard. He said to him, is that not forbidden? He said to him, I need it to make basket weave. The heart knows whether it is for basket weave or for crookedness.

13 Since stones were mentioned in 14 Tosephta 3:8. R. S. Lieberman the preceding baraita, the question notes that the saying, traced to R. seems to be out of place. One has to Aqiba in the next sentences, is an assume that the baraita before the untranslatable pun on Vp» (noun) editors of the Yerushalmi did not "basket weave" and Vpv (verb) "to mention stones. Tosephta 3:8 in all straighten what is curved". As a hint, sources has "olives" instead of "wood, both meanings are used in the stones, and grasses"; this must be an old translation, one here and one at the end corruption. of the paragraph. 428 SHEVI'IT CHAPTER FOUR

iN rD»v»3y ,rpy>ay ^to5? Vl^f rn'y rov» (foi. 34d)

onoiN >N®y n>2 .na»\My nfy .Ji>y>3y inpri iO mr>n>3y

onpiN JVII .Ji>y>nya ¡vni*vs VN

N!?yi nnioa onpiN n>ii .roivj? jvy>iy nvva p>DiN y>H onjpiN

n.pinni ^ipo n\ ona^n «p^n -woiN rmn> >a-i .niion .ttri Mishnah 2: A field that had been cleared of thistles may be sown at

the end of the Sabbatical year. [A field] improved or fertilized should not

be sown at the end of the Sabbatical year. A field that was improved, the

House of Shammai say one does not eat its produce in the Sabbatical year,

but the House of Hillel say one does. The House of Shammai say one

does not eat Sabbatical produce in reciprocity3, but the House of Hillel say

in reciprocity and without reciprocity. Rebbi Jehudah says it the other

way around; this is one of the leniencies of the House of Shammai and

stringencies of the House of Hillel15.

15 This is the position of the wanted to forbid eating in reciprocity anonymous Tanna of Tosephta 3:10 but only a later Court really forbade it. who reports that Shammai himself

V3311 .n^ip toyay? mPfct 1»£> ."id nsYipw ray :3 vx^jn (foi. 35a)

oyn-^3 v??Tf m»N

•pa .p nd"! ,o>>?y? >5y "ON vy-pn

.nojiN niD>)QD tna .nwiN niD^an VN inri Halakhah 2: "A field that had been cleared of thistles", etc. There16 they say, when its thistles were removed, but the rabbis here say, when they were ploughed under17. What is improvement in the opinion of the rabbis here? Everybody ploughs once and he ploughs twice18. How can HALAKHAH 2 429 that be? Rebbi Yose ben Rebbi Abun said, there the government does not oppress, but here the government oppresses19.

16 In Babylonia, in the Persian ploughs five and he ploughs six", empire. meaning he ploughs narrower furrows 17 This implies that ploughing to turn the earth over more thoroughly. one's field in the Sabbatical year is 19 Start of an extensive description permitted, against all principles stated of the oppression by the Roman in Mishnaiot 1:1, 2:1. government and its legal consequences. 18 In Tosephta 3:10, "if everybody

nynn D>w-pn nin .nww riJVj^D niWN-a lopn ->£Ni .rmyrrip 21ijnpi linpn 20->3iw n^rj imvr? TO .n^wo

.nn^iaip i»>?i pD> nyy .>-n>p

When the government was oppressing the first time22 Rebbi Yannai instructed to plough a single ploughing. An apostate was passing by, he saw them putting up the harrow. He said to them, hey you23! Is it permitted for you to plough? Is it permitted for you to put up the harrow?

20 Reading of the parallel in Sabbatical year. R. Yannai can be Sanhedrin 3:6, fol. 21b, where this and dated to the early military anarchy in the following paragraphs are found. the third Century. In the Babli (San- Venice: 13» 'IK hedrin 26a) it is stated that R. Yannai 21 Reading of the parallel in proclaimed: Go and sow in the Sanhedrin; Venice l"m. Sabbatical year because of the annona. 22 One has to assume that under 23 Latin heus tu\ cf. Levy's dictio- the Severan dynasty, Jewish farmers nary, vol. 4, p. 241; E. and H. Guggen- did not have to deliver provisions heimer, Notes on the Talmudic Voca- (annona) to the army' during the bulary 12-15, MJiwV 39 (1975), pp. 62-69. 430 SHEVI'IT CHAPTER FOUR Ijnv >3-11 Nvy^ ">m l? Nb iniN >an >oip n^t ->a Ipy? >:n ion n»>i>3 doj •pypyj >a-> oyn -jjnv >3-> n>>?"v >11 >»q> owg

JirtN ~\w> ON pip rninrrbs ^ ,-ri^? na> n>a o^ TIID^S^ niny rn$ n-jiayjp ^n rnva ninohfn Jiisp-b?)? niiop I!?>£>N D>3*Ia N)?>jn Nin .nn? N"^ -itay?

rppiDt d>5 vnN oissi ow»!?^ yap SJ yrxy} N> >3>>p V^V, N^I 1)13^0 N> "»ON OOP l!?l>p Nt?) nyiM tjiira 'nynpy! i>jt?7 rn'yy "HPN mv^l in dkd

Rebbi Jacob bar Zabdi said before Rebbi Abbahu: Did not Rebbi Zeira and Rebbi Johanan in the name of Rebbi Yannai, Rebbi Jeremiah, Rebbi Johanan in the name of Rebbi Simeon ben Yozadaq, say that they voted on the upper floor of the Libzah house24 in Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and adultery, and murder he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Julianus and his brother Pappos whom they gave water in a colored glass25 and they did not accept.

He said, they do not intend to lead you to apostasy, they only want to collect annona. What means "in public"? The rabbis of Caesarea say ten, as it is written26 {Lev. 22:32): "I shall be sanctified in the midst of the Children of Israel."

24 In the Babli, Sanhédrin 74a, this 25 Julianus and Pappos were is called the Nitzah house. famous martyrs from the time of HALAKHAH 2 431

Trajan. It is not clear which com- sanctified in the midst of the Children mandment they were ordered to trans- of Israel," with Num. 16:21 "separate gress. (A change of consonant from J yourselves from the midst of this to L also occurs in Italian Luglio congregation", where Qorah and his ("month of July") from Latin Julius. adherents were 10. The main inference 26 In the Babli, Sanhedrin 74b, it is from the verse is that the public has to noted that the verse in itself does not be Jewish; a single Jew with many prove anything but that one has to Gentiles is not in public. compare the wording "I shall be

ntn> mi> >3-1 .Nrawii io>?n >iin ns nvmpn io>y\ ìoìsn >3-1

N3N nji> >31 >»ìp rlJVWp Ni» >3") ION .N313W? >9» ynìD

CW> 13ni> >31 n>£1> >3*) >N3> >31 ")3nV >31 N1>JK >31 ION p NÌ?

ON i>>3)3 rninn-^ .t)1?} nu> n>3 JI>>>}>3 Pisi* 13 "pypvy >3i

p >(in rnins Jii-n»i*n irisp-^p nm ìy "rinite

N)p>ri"T ?qn .rin>> o'PI rno>a\{n Jiinv >^>>i rnt rrmvn

T7W>>>L^ .I^ D>313 ÌDNÌ .IO^ 1>3> Ù>3

ON ì^>p rum* JI>DID\ >>?3 o>n ID1? unw vnN oiasi mV^I .o>ii in no? .NO>pn rm>a biD>£ Hìy liJiua^p

•^IV'- ^ ^Ip?"! 3>31D-T rnyy

They saw the young Rebbi Abuna27 collecting donkey's dung on the

Sabbath. Rebbi Jonah and Rebbi Yose permitted baking for Ursicinus28 on the Sabbath. Rebbi Mana said, I asked before my father Rebbi Jonah, did not Rebbi Zeira and Rebbi Johanan in the name of Rebbi Yannai,

Rebbi Jeremiah, Rebbi Johanan in the name of Rebbi Simeon ben

Yozadaq, say that they voted on the upper floor of the Libzah house in

Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and 432 SHEVI'IT CHAPTER FOUR adultery, and murder he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Julianus and his brother Pappos whom they gave water in a colored glass and they did not accept. He said, he does not intend to lead you to apostasy, he only wants to eat warm bread.

What means "in public"? The rabbis of Caesarea say ten, as it is written

(Lev. 22:32): "I shall be sanctified in the midst of the Children of Israel."

27 Nothing is known about him and argument of the rabbis implies that about the circumstances under which martyrdom is required only if the he was forced to collect dung. Gentile wants to force his religion on 28 Legate in Syria (351-354) of the the Jew, not if he wants to force him to emperor Gallus. At that time, the transgress the laws of the Torah. The Roman government already was Babli (Sanhedrin 74b) comes to the Christian and, while they did not yet same conclusion in the case of fire try to convert the Jews by force, they worshippers who take fire for their certainly welcomed an opportunity to temple where everybody comes to force the Jews to break their law. The warm themselves.

->£N .own vm^p ty viWJ? in»^ inn om rn Njn joiin rn o>ian vw own vm>p by wrap .bioT\f>? lini »rnjfij??) n>>

-m!? .«in ip ypy "Wl? DV?? >:n ^ l'W

Vnsp D>ian vw own wvpj? 1viwp ^toy? ."in * n^u> n$n

Rebbi Abuna asked before Rebbi Ammi: Are Gentiles required to sanctify the Name29? He said to him (Lev. 22:32): "I shall be sanctified in the midst of the Children of Israel." Israel are required to sanctify the

Name; the Gentiles are not required to sanctify the Name. Rebbi Nasa in the name of Rebbi Lazar understood it from the following (2K. 5:18): HALAKHAH 2 433

"May the Eternal forgive His servant for this30, etc." Israel are required to sanctify the Name; the Gentiles are not required to sanctify the Name.

29 "To sanctify the Name" means to and to bow down there; for a Jew that suffer martyrdom for one's faith (under would be unthinkable. Same argument the conditions spelled out before.) in Babli Sanhedrin 74b, in the name of 30 Elisha permitted Naaman to the school of Rav. accompany his king to a pagan temple

n>b >JV>N .'Bi-i? 'NisnN "to o^rup n)n N^ ->3 NSN ran

NW p^T biDN n>> rl>> "1)0 Ni .ittDN MQH

.nban t?D>)p io>> nwi bioj? l?0)7>n jvya V* "V?* t> N^i?

»7in> iN (fol. 35b) n^DN ^Nl ty VpO 171)3 rP>

N3>m na H2H >:m mn nm ion >NO-IM IN >N*nn> T • J - T" •• T-S TT -r T--S T - "! - :

.nirj V3317 my

Rebbi Abba bar Zemina was working as a tailor in Rome at the place of an Aramean31. He32 brought him33 meat of a carcass and told him33 to eat. He33 said to him, I will not eat. He said to him33 eat! Otherwise I shall kill you. He33 said to him, if you have to kill, kill, for I shall not eat meat of a carcass. He said to him33, certainly you should know that I would have killed you, had you eaten. Either one is a Jewish Jew or an

Aramean Aramean. Rebbi Mana said, if Rebbi Abba bar Zemina had understood the words of the rabbis, he would have eaten34.

31 An Aramaic speaking Gentile. been killed, it follows that the state- 32 The Gentile. ment from the Libzah house must be 33 R. Abba bar Zemina. modified according to circumstances. 34 Since R. Abba then would have 434 SHEVHT CHAPTER FOUR own >1-) NHN ->3 ipp? inin ¡»no ia? nni rn»p

n-opi rn»\? n^in!? -13310 »3 n»i rn»o m^ri rn npv rn

.i 3 -rioyb Nin^ -qan n^y i-io nty -inin ny-m -ny ^VP*5?

If somebody improved [his field] and died, may his son sow? Rebbi

Jacob bar Aha, Rebbi Immi in the name of Rebbi Yose ben Rebbi Hanina:

If somebody improved [his field] and died, his son may sow; if he improved [his field] and sold it, it is forbidden to be sown. If [the buyer] transgressed and sowed, it is permitted since they did decide only on a fence35 that one may live with.

35 The "fence" around the Law improved during the Sabbatical year. which is the basis of all rabbinic The expression nra instead of mi is decrees, Mishnah Avot 1:1. In many Babylonian spelling; in a series of cases, it would be impossible for the parallel Tosephtot (3:13) the language buyer to verify that the field had been is na»^ Vo'i» -m Kb* rra KV®.

N!?I nov rn -ac f^T ^

VN noNi -»jn .nvpyn p tnos Nin\y ynv) Ni> .npii> wnv» >31 nin^N n»p\n >3-1 -tm .n^v ^poi n^n yow^ v»>n? nidi rpp-p >3-17 n>>>n .^oui t^V FT n* vn »?) -1&N7 >3-1 >»ip

1>? P^ld1? Jiioy t>io'\f>> 113 «7!? IP njvn dun* Jinbyia n^vi >31 nui ovn njm >3*1 .np^ni nan.'y

N'i? ndi VT lO'ill no? ,bv?>3:» pi

What are the rules if somebody improved today? Rebbi Jeremiah wanted to say, it is permitted. Rebbi Yose said, did Rebbi Jeremiah not hear that he would be whipped? Did he not hear that he would be unacceptable for testimony36? He turned around and said, certainly he HALAKHAH 2 435 had heard! But he is like someone who hears a statement and questiones it. Rebbi Hizqiah said, it was objected before Rebbi Jeremiah, there seems not to have been a court which disestablished37! The force of Rebbi

Jeremiah is from the following38: "An Israel woman who comes to a priestly woman39 to get fire dips the wick into oil to burn and lights."

Rebbi Huna in the name of the house of Rebbi Yannai: It was a time of wolf packs40; there was no court which disestablished41. As you say there, there was no court which disestablished, so here there was no court which disestablished42!

36 Both whipping and the exclusion be for the benefit of the Cohen or his from being a witness are rabbinic family. The baraita permits some use decrees since only activities mentioned of the oil by non-Cohanim. in the verse are biblical prohibitions. 39 The wife or unmarried daughter 37 A rabbinic decree passed by a of a Cohen. competent court can only be lifted by a 40 A time of emergency when court of higher standing. Since the people tried to be out on the street as rabbinic restrictions of the Sabbatical little as possible. year go back to the Men of the Great 41 The short-cut described was Assembly, the minimum standing such a never endorsed by a court but was court would have to have is that of tolerated by the rabbis of the time. Rabban Gamliel who disestablished the Since the baraita is an unconditional prohibition of the first two terms statement, it follows that a rabbinic (Halakhah 1:1). No court of later times decree that fell into general disuse has that standing. because of special circumstances 38 Terumot 11:10. "Oil to burn" is remains in disuse even in normal times; olive oil of the heave that became no court is needed to lift the decree. In impure and can no longer be consumed. this case, the power of the people is It is the Cohen's property and must be greater than the power of the court. burned either for heat or for light. By 42 No court was needed once rabbinic decree, the burning also must permission was given to work for the Roman government. 436 SHEVI'IT CHAPTER FOUR

-uo>!? nip n>>?7> >:n .Ji>y>a\f>a v:nin>fl;i OIH >riip>Np

pn ro$ tC? v1?? :jiJi> djjij i!?>sn ->»>» -Dt> >pi> >3-1 rjiiri

l?iDNi!? *n> >3-1 .DH^ l^N l^N^ "DO Nin

li-iwi N>>I>\??& n>;n»r) .^N©^ JI>ID niioi tpno

n>ri>3 13 V"i)3N "jiD^n? lib *V?N n>£"!J n)?D T? ^ lioar»

n>> 1>*»?n iin>f)N ty linvpriyi'N 15 liypw "t? .l>?>"ps n>> VT^V lis")»"?

>o>:ir) n>n? mrn ">v?irrl?3 ty ty >ri>>> lit? .1^ >3-1

.p?tpi Ji'?? li3i\? >3") ini HtyQ >ji-ufi 1>>>N3 .Njnip ii3i>

ty v)a>-!73 l7N>>)pi 15 ro>?n >3-> ovi? ihsn >3-1 ym rinp^i Min?

.rnirt ty rnjp? >31735313$ >> >n -»joiNi np -970 ty n^nn n>n lia-jo

A similar case: When does a man acquire Sabbatical fruit? Rebbi

Jeremiah wanted to say, when he puts them in his vessels. Rebbi Yose

wanted to say, even if he puts them into his vessels he did not acquire

them; he thinks that they are his but they are not his43. Compare the

following44: Rebbi Tarphon went to eat single figs from somebody's

property without reciprocity, following the House of Shammai. The

watchmen45 saw him and started whipping him. When he saw himself in

danger, he said to them, by your lives, tell in Tarphon's house to have his

burial shrouds ready. When they heard this, they prostrated themselves

before him and said, Rebbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances did Rebbi Tarphon follow the

House of Shammai and endangered himself, in the case here and in the recitation of Shema'46. Rebbi Abbahu in the name of Rebbi Hanina ben

Gamliel: All his life did Rebbi Tarphon repent about this happening and said, woe to me that I used the Crown of the Torah47. HALAKHAH 3 437

43 If the fruits had a human owner, Hence, they cannnot be acquired as they would become property of the property. person who takes them. If somebody 44 Different versions of the story steals fruit from a farmer, once the are in Massekhet Kallah; Babli fruit is in his vessel he is the owner but Nedarim 62a. owes the farmer the value of the fruit 45 Jastrow takes the word as saf'el he took. However, Sabbatical fruit are of itti "to guard". (In Arabic, the word God's property; even after they have means "cymbal".) been harvested they retain the holiness 46 Berakhot, Mishnah 1:7. of the Sabbatical. They may be eaten 47 Mishnah Avot 1:13: "He who but not used for industrial purposes. uses the Crown disappears."

bag n>y>ayja o?ian y? w? onpin :> mon (foi. 34d)

>590 "iJaibya v^M"! •>!> by Nb !?a>f .n>y>a^a o>i> VPW»

Mishnah 3: One rents ploughed fields48 from Gentiles in the Sabbatical

year but not from Jews. One encourages49 Gentiles in the Sabbatical year

but not Jews. One greets them for communal peace.

48 Fields ploughed after the the Sabbatical year may be praised for harvest, to sow them after the end of his work, but not a Jew in the same the Sabbatical year. situation. 49 A Gentile working his field in

na vmq ">on in >o>n n»n >1*1 .'id vt? V"pin > nsbii (foi. 35b) na iont wo .nw'N ion Nnm .Nno>o\y -ma ™o TÙ aui3 ioni Jiiao T " T : ' T " - - -r TTTT T 5 ' : T T ' T • T -•• T - T IK)? .-»vi»* inibii V>NÌW ino Nno^V N^I Jiwao ,DD>V bNVy? oibw} "|»V?\j>a V>NW ino IONI 438 SHEVriT CHAPTER FOUR

Halakhah 3: "One rents ploughed fields," etc. Rebbi Hiyya, Rebbi

Ammi50. One said: "Plough it well; then I will rent it after the Sabbatical."

The other one said: "May you succed.51" For him who says plough it well, then I will rent it after the Sabbatical, what means "one greets them"?

"May you succed." For him who says may you succed, what means "one greets them"? Jewish greeting, "Peace upon you."

50 This does not refer to the quote the parallel in Babli Gittin 62a recog- from the Mishnah but discusses the nizes only the second opinion. meaning of the second sentence, one 51 Short for ^V'n ivx "may your supports Gentiles. The entire Halakhah effort be lucky." is also in Avodah Zarah 4:10 (fol. 44b);

'yrpno tn imy .1903 -n twiny 52"*3

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->gi!7 iron on^iyn r»?N N!?] rn p

V»?N Nt^ n?w m wi">7> .ìiiv n>> "»ON .IV^N n?"i3. i-»pN Nbi o^iyn p voiy iny obiyn niniN Ì!?N cp-piyn

Nt? .>> DW3 Ì3D1.3 P"!>?ÌN ^NIV- *

OD!? iboi iNia wb onpiN oriN obiv1? Jiwan niDnan-bD nvbiabia r»vip>n tp©>£> to^ri niDnan p

Explanation: Rebbi Hinena bar Pappa53 and Rebbi Samuel bar Nahman passed by one of the ploughmen54 in the Sabbatical. Rebbi Samuel bar Nahman said to him, may you succed. Rebbi Hinena bar Pappa said to him, did not Rebbi teach us CPs. 129:8): "The passers-by did not say," this implies that it is forbidden to say "may you succeed" to one who ploughs in the Sabbatical. He told him, you know how to read but you do not HALAKHAH 4 439 know how to make a homily. "The passers-by did not say," refers to the nations of the world who pass out of the world55, they did not say to

Israel "the blessing of the Eternal is on you." What does Israel say to them, "we bless you in the Name of the Eternal." All blessings that come into the world because of us56 are not enough for you, you do not say, come and take from these blessing for yourselves, but you roll over us pro-rated contributions and fines57, head taxes and annonae22.

52 The word is missing in the nations have only a limited life span. Venice print. 56 The material blessing given by 53 It seems that he is the R. Hinena God because the Jews keep the laws of who usually is quoted without the Torah. [Cf. H. Guggenheimer, The patronymic. Scholar's Haggadah (Northvale 1995), 54 A Jew. pp. 205-208.] 55 In contrast to Israel, these 57 Greek i^ua, if.

i»y im-|> >»n >?-> nin

Rebbi Ammi taught that one may not take out together with him.

58 The last word is only in the but one may bring bread with him to parallel in Avodah Zarah fol. 44b. The the retail store." On this, R. Ammi sentence has no place here but refers notes that a Jew following the rules of to Mishnah Avodah Zarah 4:10: "One purity may not take pitta breads out of does not make dough or form breads the oven together with someone who with a baker who works in impurity does not follow these rules.

jvii .oia? onjpiN mm own tnn?ri :t mvn (foi. 34d)

.ooy iN inN brjan im »#1 onioi onpiN 440 SHEVI'IT CHAPTER FOUR

tw lino rjirtn oniny Dnrj noa lai n* mty pv?n»n

•«ny? P^DQD IN vvan Mishnah 4: If somebody thins out olive trees59, the House of Shammai say he should cut them off, the House of Hillel say he may take out the roots, but they agree that one who levels may only cut off. What is thinning? One or two. Levelling are three adjacent to one another. When has this been said? On his own property. But from another's property, even one who flattens may take out the roots.

59 He takes out entire trees to give cut the stems near the ground but to the remaining ones more space to grow. leave the roots in becausc removing the The House of Shammai require him to roots is intensive agricultural work.

fvjpi this !n>i?ri .'id o>jih3 innsn na^n (foi. 35b)

•)3>?ri Nrn ,o?3yi n^pi *TIW >3-1 jpif >?ri .THN n^ni ooyi !?oi) iN

•van ,-rnis n>?jo5» o>iv> boii ypn Nn tip n* rxfiy o>ifl>3 p>D£0

.lis)? t?T»ip2i vn »3JJ7 nni .n^nna -orov >a*i Halakhah 4: "If somebody thins out olive trees," etc. What is thinning? He removes one and leaves two, or removes two and leaves one. It was stated by the House of Rebbi: He removes one and leaves two. But did we not state: If somebody levels among vines, three adjacent to one another. Therefore, thinning must mean that one removes two and leaves one. Rebbi Jonah said, the baraita when he thins out the first time, and what was stated by the House of Rebbi when he already had thinned. 60H liyjpvy 13*1 niiap vat? oop -riNn ni* VN p-JV VVOii ->)3iN !7N>>>pJ 13 PV)?^ 131 TVn 1?! .-»>310 'ZWtyi 13 lii>o>w lan .rribinri n^n rnafl rus i>*!££>? vni .Ji>y>3yi3 HALAKHAH 4 441

"61One does not start a fire in reed thickets62 because that is [agri-

cultural] work. Rabban Simeon ben Gamliel permits it. Similarly, Rabban

Simeon ben Gamliel said, one may plant a useless tree63 in the Sabbatical

year. One teaches a cow to plough only in dunes; Rabban Simeon ben

Gamliel says, it is permitted also in somebody else's field on condition that one not make parallel furrows.64"

60 Word missing in Venice print. 62 In the Tosephta: nwra, 61 A similar text in Tosephta 3:14. 63 Cf. Chapter 1, Note 12. There, it reads" One does not harvest 64 It should not look like pro- reeds from a thicket. fessional work.

.DiT)j? a Ti>:n ^-iNri vynna imp -IOIN tmy nay

iniN vpiia b^Ni o'VTtO JI^ vpiia 1>N

N^I jan WN-Q >iii>Nn iii< v»»j?r?i n>y>iy> jvy^ivn iniN iniwi

-nn» nyiy Kin -w? .O>3>njti pain VN Vt?V8

ip Ni>i .rm^ AN TI>> tini rniy Nin nb -IONI rn ->JII -i\?y> ro>NJ^

D>3iif iJliN ViiVO^i N"Jj7*p3 iJliN V31VV3

Nin oia .vni-P9 65-PJV iiari ."riavn n>> priri?»?1»

.n^n to!? T • « - : It was stated66: "Abba Shaul says one clears groves by cutting near the ground on condition that one should not fell with an axe. One does not try out seeds in soil in a flower pot but one tries them out in dung in a flower pot; one puts them in water in the Sabbatical year for the year after the Sabbatical67. One keeps aloe on the roof but does not water it.

One68 does not put wild figs onto fig trees." What does one do? One brings a branch of a wild fig, hangs it onto it, and tells it: That one produced and you did not produce! Did we not state69: "If a tree sheds its 442 SHEVI'IT CHAPTER FOUR fruits, one colors it red with vermilion, loads it with stones, and frightens it into producing." They said, there that it should not loosen its fruits, here that it should start to produce.

65 Reading of the parallel in Ma- next year. 'aser Seni 5:1; the text here reads ]n'. 68 Tosephta 1:9. nam is Syriac 66 Tosephta 3:20; the first sentence "wild fig tree"; cf. I. Low, Die Flora der only. Juden I, p. 233. 67 The seeds may be caused to 69 Ma'aser Seni 5:1 (fol. 52d); Babli sprout in the water for planting in the Sabbat 67a, Hulin 77b.

nw niii Ntm b>Nin -IQNJI .niinv N>n^ >390 o^pi P?1?!» ")>N

,-wn ->£>0 13 oiflt»

One does not graft date palms because that is [agricultural] work70.

That you should not say because it could bear it is permitted; therefore it is necessary to say that it is forbidden.

70 One cannot graft date palms. preceding paragraph for fig trees The paragraph refers to the technique (which, however, have both male and of putting bunches of male flowers into female flowers) and because without the crown of a female tree to insure help the date palm might still produce fertilization by the wind. One could some fruit. This "grafting" is forbidden think that this is permitted because a in the Sabbatical because it is the similar technique was approved in the standard agricultural technique.

.Nrpwe N>n ruwri t^n n^ytà

The Mishnah speaks about three to nine71.

71 "Levelling" in the Mishnah is there) if one removes not more than permitted (under the restrictions given nine trees. HALAKHAH 5 443

ino?)? Inyi man» n!? o*rm :n mvn (foi. 34d) iN o>iaNi3 into»? man? nippy rnip >|sipn ,\yp:i in rmrv rrmv N>nw >?ao nnpw n^n? v^P

.^nNn oyn ooij iN o>na\p rnyy v1??» iN H^H .hon fdti? -iniN

Mishnah 5: If somebody cuts down an olive tree, he should not cover

[the stump] with dust but cover it with stones or straw. If somebody cuts down a sycamore trunk71, he should not cover [the stump] with dust but cover it with stones or straw. One does not cut a virgin sycamore in the

Sabbatical year because that is [agricultural] work. Rebbi Jehudah says, in a normal way it is forbidden but he [may] cut higher than ten hand-breadths or cut it down level with the ground.

71 Sycamores regenerate; it is pos- cessary to first cut down the first sible to cut the same plant many times. ("virgin") growth. In order to obtain larger logs it is ne-

->oiN rrjv cpipa TPP3 ^t) -"o nna y>p?>3ri n^n (foi. 35b) imipa îpn .îp) nao rpôi ,>(ip> pin> .pin? >pp> unw Dip»

>3ri .ni\y Knw P'ao&i inio ^Tf»1) P^o®

p>>n? Jh*T> .>>-17? p>>nn!p wnw nip« 1jn>>>?j liypw lai

.oi*rppa >(ip> n,>qNn oy

"If somebody cuts down an olive tree," etc. It was stated72: "If somebody cuts reeds, Rebbi Jehudah says at a place where one is used to cut, he should tear out; at a place where one is used to tear out, he should cut. In any case, he should cut higher than a hand-breadth73. If somebody cuts down for logs, he should not plane and cut in steps, cut in steps to create joints, but he should try to cut them straight74." It was stated75:

"Rabban Simeon ben Gamliel said, at a place where one usually planes, he 444 SHEVI'IT CHAPTER FOUR should cut in steps, in steps he should plane and cut down at the ground73, but he should not cut with an axe."

72 Tosephta 3:19, in the name of may cut wood in the Sabbatical year as Rabban Simeon ben Gamliel instead of fuel, the act of cutting in itself does not R. Jehudah. For reeds as a commercial create a bad appearance. crop, cf. Demay Chapter 6, Note 100. 75 Tosephta 3:19, in the name of 73 To cut unprofessionally. Abba Shaul, restrics to cutting in tree 74 He should not treat the logs in groves. public as objects of trade. Since one

>5*1 ^prn (foi. 35a) o>?2?a i3ypn :> mvn (foi. 34d) n-pjpii ban? oi7-){n ta-na >$ip -lEriN ro>py >a-n nao p^rrv n^ .ivyn^a iniN my^ip I^n n»_!?o:n

Mishnah 6: If somebody cuts shoots of vines76 or cuts reeds, Rebbi

Yose the Galilean says he leaves a hand-breadth but Rebbi Aqiba says he cuts as he is used to, with an axe, a sickle, or a saw, or anything he wants.

In the Sabbatical year one may bind a tree that was split, not to heal it but to stop [the split] from widening.

76 Cutting of the green new shoots as forbidden trimming as long as no that look like tails. This is not counted wood is taken.

•)?•) Jin? nypv >r?) ipid 'Pi* nsiri (foi. 35b)

>3"! n'pis Jin? ni>pi> rn] ^m J^id >>'>jn >pi> ij^riN

jvm}£ wn >>>>ari HALAKHAH 7 445

Halakhah 677: Rebbi Yose the Galilean follows the House of Shammai,

Rebbi Aqiba follows the House of Hillel78. Can we come to state that

Rebbi Yose the Galilean follows the House of Shammai, Rebbi Aqiba follows the House of Hillel79? But Rebbi Yose the Galilean worries about agricultural work80.

77 In the Venice print, this is still 79 Since R. Yose the Galilean was a part of Halakhah 5. student of Rabban Yohanan ben Zakkai 78 We have no statements of the at Yabneh, when the House of Shammai Houses of Shammai and Hillel on this already was no longer a dominant force point, but in Mishnah 4 the House of in Jewish thought, the hypothesis seems Shammai was more restrictive than the to be illogical.

House of Hillel as far as cutting for 80 Cutting is too close to biblically wood is concerned. prohibited trimming.

irvn^v?» o>a3n .jvyviytt i^Nn jivvs :t mwa (foi. 35a) oyj ina Nino -pi .iira oiiD towa .ni^a in>s ir>a w>ion in>a loa ^H O>IO Nunyn ipiin .myym 1'i^n jnay .jirwyga i>a»n ym^ ovi -IN^I ia hxv? ")?•) iJi>a tois Mishnah 7: When does one start to eat tree fruits in the Sabbatical year? Unripe figs when they started to be radiant81 one eats with his bread in the field; when they became large one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed82. Unripe grapes when they contain fluid one eats them with his bread on the field; when their skin became transparent one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed. 446 SHEVriT CHAPTER FOUR

81 When their skin becomes food acting as a laxative. smooth enough to reflect sunlight. 82 In this state, they are potential These unripe figs might be eaten as commercial product.

N3 N»n l^rva inp .'"D 0>393l3 33t>3n :T (fol. 35b)

.>3 n^rn oj") ->n>ri-f nn? nri^n

Halakhah 783: "If somebody cuts shoots of vines," etc. What means iVrra? Rebbi Hiyya bar Abba said, if it comes alive, as you say (Zach. 11:8): "And their souls were too much for me84."

83 In the Venice print, Halakhah 6. etymology given here [and in Ma'serot The quote from Mishnah 6 is induced 1:2 (fol. 48d)] by R. Hiyya bar Abba. by this error in numeration. (From the Arabic ji^ "to be stingy" one 84 This incomprehensible Biblical might translate in the Mishnah "If they verse is also quoted in Babli Niddah are barely ripe".} Ala. by Rabba bar bar Hana for the

ibDNii ni'^n p nfwn 10 jinNi n>30 p rm imn^ my -»on N3

.nriNiin riN T T { It is written (Lev. 25:7): "For your domestic animals and the wild animals of your Land shall all its yield be food." Rebbi Hiyya bar Abba said, two kinds of yield, one from the house and one from the field, and it is written (Lev. 25:12): "From the field you shall eat its yield.85"

85 This explains why the Mishnah following paragraph, the edible has to give two terms for each kind of produce of the Sabbatical year may be produce. As will be explained in the used only as unaltered food to be eaten. HALAKHAH 7 447

Ninv» inNo Niayfrio 100 Jiivjii in© N3>3n ^

n>3b Ninw inhq w .iton niya irpa

86 Rebbi Yose ben Hanina asked: May one make a plaster

(emollient)86 of unripe figs? After he can eat his bread with them in the field it will be forbidden. Or since he may bring them into his house it

might be permitted87.

86 Greek |j.aXay|xa, cf. Berakhot p. the usual sense; it might be permitted 385. Once growth of the Sabbatical to treat unripe figs like, e. g., mint year is food, it cannot be used for leaves, and use them for medical anything else as stated in Mishnah 8:1. purposes. 87 Since unripe figs are not food in

Ijnv >a-> iiNjpio nooo -iniN ra>i?y >3-> "icisrn I}'???

.*rn? IND n>>i tir? IN? >?ri .rrinwy«ri juiy!? -»niN nw n

->Ny>3 Nn NTPijpB N>n >393 vi>p£ "pypw »3*1 OW3 rpjjq

wi3»v> -ty JiNpio vwyo (foi. 35c) i^n vaan-bs

.niV? in>3 ins !?DiN in>*tt»y>>? pjsn p rnpN "pri^n noi> ion

V1)?N Njn^O ^ VTlo ^T) WV >31 OW3 JVT? >3"!

nijwpw 1>N)3\?» WW

There, we have stated (Mishnah 'Uqezin 3:6): "Unripe figs and grapes,

Rebbi Aqiba said they may become impure by the impurity of food; Rebbi

Johanan ben Nuri said only after they come to the period of tithing88."

We have stated here "immediately" but is it "not immediately"89? Rebbi

Hananiah in the name of Rebbi Simeon ben Laqish: The Mishnah speaks

only about unripe figs, but unripe fruit of any other kind may not become impure by the impurity of food until it reaches the period of tithing. 448 SHEVI'IT CHAPTER FOUR

Rebbi Yose said, our Mishnah implies this: "Unripe figs90 when they started to be radiant one eats them with his bread in the field." Rebbi

Pedat91 in the name of Rebbi Johanan: Everybody agrees about the

Sabbatical year. "Everybody agrees," the colleagues said that the figs do not become impure by the impurity of food92.

88 Earlier, they are considered as no qualifier, it can apply only to figs. pieces of wood that cannot become 91 Son of the Amora R. Eleazar impure. (ben Pedat). 89 R. Aqiba assumes that anything 92 Even R. Aqiba will agree that edible under circumstances of need is unripe figs and grapes in the Sabbatical food; does he hold this as a general year are not yet food since legal principle or only in this special case? restrictions prevent their being used as 90 JB without qualifier means only food except by the worker on the field. "unripe fig." Since the Mishnah gives

JiviiaD"! Vv^io n;?!?) "UT^ "W? ^PO

Ji^rTj? VN "tfpri vyir? nm -13 mv >3-1 vm .ni-i^VEO v? niioa? ion? liD> p yto mwi i>ij?fl>? npv >311 .v^y nbn Ji>>»3Vj

13 rrjv >3*1 ty Njvjjpo noi> >31 yto nid mo* ")iini .")?

"93The palm pith94 is wood in every respect except that it may be bought with tithe money95. Palm spathe96 used as food is free from tithes." Rebbi Judah ben Pazi explained in the study house: Palm pith is not subject to the holiness of the Sabbatical year97. But Rebbi Yose commanded about those who were asking98; they said that it was said from his part. He made them say that Rebbi Yose told them, a baraita HALAKHAH 7 449 disagrees with Rebbi Judah ben Pazi and supports us, as it was stated":

"One may not cook unripe figs of the Sabbatical year but it is permitted for the late ones because that is their treatment."

93 Mishnah 'Uqezin 3:7. The para- 98 They were checking with him graph is a follow-up to the Mishnah whether the statement o< R. Judah ben 'Uqezin quoted earlier. Pazi was true. He had them reveal the 94 The new growth on top of the source of their statement. date palm in the spring which may be 99 Tosephta 3:21, and there the eaten as a vegetable as long as it is language is: "One may not split (?) soft. If not removed, it becomes wood. unripe figs of the Sabbatical year but it 95 Money from the Second Tithe is permitted for the late ones because that, in the times of the Temple, must that is their treatment; it is permitted be used for food in Jerusalem. for palm pith and palm spathe." Late figs do not ripen on the tree; if one 96 Explanation of the Gaonic com- wants to use them as food one makes mentary to Tahorot and Maimonides. them into preserves. Similarly, palm Arukh and Rashi explain: Dates which pith and palm spathe are food only if never ripen. I. Low: The male flower cooked. Since everybody will agree of the date palm. (The Arabic word that late figs are food, one also has to used by the Gaonim and Maimonides, agree that palm pith arid spathe are vVd, means mainly "spathe" in classical food under the rules of the Sabbatical. Arabic, but also "palm frond" (meaning The argument is valid only if one chosen by Al-Harizi), and "pollen"; as assumes that R. Yose was quoting the »Vo the latter is the only meaning in entire Tosephta or an equivalent text. Iraqi dialect. It does not seem (The commentators of the Tosephta reasonable to replace "pollen" by "male replace "split" by "cook" on the basis of flower."} the Yerushalmi but this reading has no 97 Since it is a kind of wood, it support in the Tosephta mss.} may be used otherwise than as food. 450 SHEVI'IT CHAPTER FOUR

^"t D>"))3iN UN PI ID 'Hi) J1V33D") Tip ."ID rri*V3 ^»'NO

-i1? v^v n!?n JitfnpT mvip ip>w> HON

.yiVH T 100"When does one start to eat fruits", etc. Since we say that palm pith and spathe are like wood, is wood forbidden to be cooked? But because the holiness of the Sabbatical falls on them one has to say that it is forbidden101.

100 Here, in the middle of R. Yose's However, since this paragraph still argument, starts Halakhah 7 in the belongs to R. Yose's argument against Venice print. The quote from the R. Jehudah ben Pazi, "forbidden" here Mishnah has to be disregarded. is appropriate since it implies that even 101 Because of the Tosephta quoted for palm pith and spathe, once they in Note 99, the commentators want to have been taken from the tree any use change "forbidden" into "permitted" conflicting with the holiness of the without any manuscript evidence. Sabbatical is forbidden.

>3"! *>®N .-»J3N TPN no -Ipta >33 ."ID 0?>3 n

.iim jii^DiN Jiirrpn :jtt idv> T^n

"Unripe grapes when they contain fluid", etc. What argument can you give for unripe grapes? Rebbi Abun said, because at that stage usually the owls eat it102.

102 By Lev. 25:7, food for wild year; cf. Mishnah 8:1. animals is legal food in the Sabbatical HALAKHAH 9 451 w>>??n .nfya !7DiN"| yste nNp> rpy>2-) o>rm :n njvn (foi. 35a)

•)?•) .iii>a ryinip wiDi rni$>a wriia .rrr^i wriis lib >sn lijiiv? I^nh Jii*vir!?3 iNyii .ni-i\pyoi yn^ W nNyi im HXVS

.Ji>ynv^ ni'Vyyo!?

Mishnah 8: Olives containing a quarter log [of oil] per seah one may break open and eat in the field. When they contain half a log, one may pound them and [use the oil to] anoint oneself in the field. When they contain a third, one may pound them on the field and bring them to the house; in a similar circumstance in the other years of the Sabbatical cycle they are subject to tithes. For all other tree fruits, as their time for tithes103 so is their time for the Sabbatical year.

103 Given in Ma'serot Chapter 1.

.lib vnby in?? .'13 riNpl? n^v^l o>nn :\> rasti (foi. 35c)

Halakhah 9: "Olives containing a quarter log per seah," etc. What is

"a third"? Of a log. The Mishnah for those which produce three log per seah104.

104 A quarter log therefore simply average. For the definition of log and means that the olives already contain seah, cf. Berakhot Chapter 3, Note 164. '/i2 of the oil a ripe olive yields on the

.vrjip rmwij? «in vnip N>n no .-toil) oab «nip N>n biv >? i>ri?

It is written {Lev. 25:12): "Because it is yovel, holy should it be for you, etc." Just as [the year] is holy, so its yield is holy105. 452 SHEVI'IT CHAPTER FOUR

105 The full verse reads: "Because it be used for industrial purposes. On the is yovel, holy should it be for you; from other hand, as explained in Note 85, the field you should eat its yield." The lenient rules are valid for eating in the yield of Sabbatical and Jubilee years field. has to be treated as holy and may not

,t7iov>H Njm N>n nb ny ta^n Nna>?!p pysop njorj 15 npv rri wxpftiti rnrja ba^o NIN 11 N>>n >a"i NiTp ^ no o»p> n^wu !?pji£ ^"l w? niin n»n rn .Nna'O'i

rnav nw ni* :p"ni> isn >?

Rebbi Yose ben Hanina106 kissed the cliffs of Acco and said, up to here is the Land of Israel. Rebbi Zei'ra crossed the Jordan in his clothing107.

Rebbi Hiyya bar Abba rolled himself in the step108 of Tiberias. The elder

Rebbi Hiyya weighed rocks. Rebbi Hananiah weighed earth lumps to fulfill what was said (Ps. 102:19): "For Your servants desired its stones and they loved its dust."

106 The parallels are in Babli Ketu- over the ford; he walked along the bot 112a. rope in his garments to enter the Land 107 According to the Babli he did as quickly as possible. not find a ferry when he came to Israel 108 Cf. Greek eXsuoi?, -etog, ij. from Babylonia, only a rope stretched "coming, arrival".

n>a n>y>ayi3 lb>Nn jin "p^ip '»rijp^Ki? run»» (foi. 35a)

ounno onpiN Ji>ai .N>ih»v>>? i^Nn-^s on>?w

"i^Nn-^D -INÎ woô o^nn"! iviJ^n oô"! HALAKHAH 10 453

.vain k^i Jin? nti> nn?) .taihp:? iriin Jiii'yyBn juW? n?v> IV?

>?> 'JH^m 13 liVOW 131 Mishnah 9: When may one not cut down a tree in the Sabbatical year109? The House of Shammai say, every tree when it starts110. But the House of Hillel say, carob trees when they form clusters, vines when they produce fluid111, olive trees when they have flower buds, all other trees when they start. Any tree may be cut down112 once it[s fruit] has reached the stage of tithes. How much should be on an olive tree so one should not cut it down? A quarter [qab\ Rabban Simeon ben Gamliel says, all according to the olive tree113.

109 One may not cut down a fruit according to Rashi (Pesahim 52b/53a) tree as long as it is valuable (Dent. when it started to grow new leaves. 20:19). This is discussed at the end of "Forming chains" refers to developing this Mishnah. In the Sabbatical year, clusters of pods containing seeds. when the fruit is public property, one 111 Cf. Arabic ^ "to drink". may not cut down a tree once it has 112 After the fruits have been started to bear fruit until all fruit has harvested from the tree. been harvested from it. 113 If the value of the olive wood is 110 According to Maimonides, when greater than the value of the olive its fruit has started to develop; harvest from the tree. l>inn N33 JOi'n > ai hìt\ .'id v^ip i>n 'rin^Nn :» (foi. 35c) ne? .o114in>^>? roi> >31 ion .lyni^p ooa? .icon Nin '31 -»ON cprm ,ì*t>N> -IO» ipit> o>n >a\?3 vii? >? ion J^NI

^ n >n> D3V >3i nnN .o>nn yii-> ìn yari njo .yii-i lo-opn^n rov

,o>rin vili ntyiy Niny

"When may one not cut down", etc. Rebbi Hinena bar Pappa stated, for carob trees their forming clusters means their sprouting. "Vines when 454 SHEVI'IT CHAPTER FOUR they produce fluid," Rebbi Jonah said when they flow with water, as you say (Job 36:27): "He draws the waterdrops that distill rain from their mist."

"Olive trees when they have flower buds", Rebbi Jonah said, when they bring a quarter [qab\ A quarter [qab] of flower buds or a quarter [qab] of olives? Rebbi Jonah said, that means, flower buds which will yield a quarter [qab] of olives.

114 Reading of a Genizah fragment. hapax of undetermined meaning. Leyden ms. and Venice print: ibnriua, a

-ION .n3 o»p riNp Jtoito "TO .ipriH. "o nav rn -»ON urn la^i o!?iya ina Nty? "mo ina ny; *>? rov

.nrn o^ivn o^n iddj fOvy tjo T T •• : IT • - T " Rebbi Jonah115 said (Deut. 28:40): "Your olives will fall off," one in 340 were kept116 Rebbi Jonah said (Joel 2:22): "For the tree will bear its fruit" means that the tree is not bearing its fruit in this world117, "and fig tree and vine will give their strength" means that they are not giving their strength in this world.

115 Since R. Jonah was mentioned in means the world before the coming of the preceding paragraph, his homilies the Messiah. The implication is that in are appended here. the days of the Messiah produce will 116 The numerical value of W is be so abundant that the rabbinic rules 340. governing the details of tithing and 117 "This world" in the Yerushalmi Sabbatical will have to be changed.

p!?0 to non N3>?ri -13 Nçn >3-» ovn rov >3-1 mqh

-D3N1 >pi> >3"! .NJTmV>£ N^i^ha ^DNf Nto

>wn ->3 n»n >3*1 ow? rov >3-1 .'ÏIN7 nr&yb rrçjpin jvn "pi? m HALAKHAH 10 455

B>NP ÌD>> n)o JIÌWTT» >R»N> >RIIP M>3N IN VTflV

118/)V>iq riN-|? li»*} ^N n^-v

Rebbi Jonah said in the name of Rebbi Hama bar Hanina: He who dies

in the seven years of Gog119 has no part in the Future World. Its sign is,

he who ate at the preliminary wedding feast120 shall eat at the wedding

feast. Rebbi Yose heard this and said, is that true? So far there is

repentance for the Future World121! Rebbi Jonah in the name of Rebbi

Hiyya bar Ashi122: In the future, fellows will exert themselves from

synagogues to houses of study. What is the reason? (Ps. 84:8) "They will

go from strength to strength, he will see the Power, God, in Zion," until

he will see the Power, God, in Zion123.

118 The last five words are only in 121 Everybody has his chance at the the Leyden ms. Future World. 119 Described in Ez. Chapters 38-39. 122 He is Rav Hiyya bar Ashi. In In the opinion of the preacher here, the the Babli, Berakhot 64a, his statement days of Gog are immediately followed is quoted as originating with Rav. by the coming of the Messiah and the 123 This Zion is the Heavenly Zion, resurrection of the dead. According to place of the resurrection, since in this this opinion, one who dies immediately world, God cannot be seen. This leads before the resurrection has no part in to the next paragraph on those who it, otherwise he would not have died. have part in the resurrection. 120 Cf. Demay p. 484.

N^I 1»N H1? -L^LDII:» TY VJLI^FY! D>Ì5 >?OJ? 1>">?,Ì?7 V?*"! l»n >3\?i? >ri)a>N)o .ìs>p> K>I o^iv royj uvw ->&ÌN Kin ID^V!

.NAI»^)? INI .VT>TI»W>? TN •PV)?«' >?">! NIII N»N >?-}

iNOi .n'yy >3 *T!?Ù ay1? infnsi VT>a>i wii? -»BN^ IN>?

Nìn\i»>p rn oyn ^ri .niTb Jnj 456 SHEVriT CHAPTER FOUR

VIPN NOm pill") .DJiaN l!7i)3»V>)3 yn>?N "|)9r| .CMIBif

>3-1 ,"|v>v NIDI na t^v VPN ivs!?! TT>I w

.n>\yn!p ^nYw? .i>yin> I?ia\f>> n.wii novv no o>>m

The rabbis of Caesarea say, Gentile minors124 and the armies of

Nebucadnezzar will not live and will not be judged; about them it says

(Jer. 51:39,57): "They will sleep an eternal sleep and never wake up."

From when do Jewish minors live? The elder Rebbi Hiyya and Rebbi

Simeon ben Rebbi, one said from when they are born, the other said from

when they talk125. He who says from when they are born (Ps. 22:32): "they shall come and tell His justice to the born people He made." He

who says from when they talk (Ps. 22:31): "Seed will worship Him, it will by told to the Master by the generation." It was stated in the name of

Rebbi Mei'r: From the time [the child] knows to answer Amen in the

synagogue. What is the reason? (Is. 26:2) "Open the gates, let the just people come who keep trust126." There they say, from when they are

circumcised (Ps. 88:16): "I carried your fear, I cease127" But the rabbis

from here say, from when they are born (Ps. 87:5): "He will say to Zion128, everybody [who] was born [is] in it." Rebbi Eleazar says, even the

still-born, what is the reason? (Is. 49:6) "The watched ones of Israel to return", the created ones of Israel to return129.

124 In the Babli, Sanhédrin 110b, 126 In the Babli, Sanhedrin 110b and this is restricted to minor children of Sabbath 119b, it is explained that those evil Gentiles. Cf. Berakhot Chapter who keep trust are those who respond Nine, Notes 71 ff. Amen, "trustworthy". 125 Also in the Babli, Sanhédrin 127 For the translation, cf. Arabic 110b. HALAKHAH 10 457

¿j "to cease". Once the baby carries 128 The Heavenly Zion. the fear of the Eternal, being circum- 29 "The watched ones" nun is qere cised, even if it ceases to exist it has (read), "the created ones" n'VJ ketib part of the salvation expressed in the (written). Psalm.