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JUtfXn pHD TIO'ND

VV»? ο>?π3πψ nj^n VIP 'γι^μο H mxm (foi. 2a)

D'n^riì ."»ìV^if n^T niivíon rmo^Nri ηίο -ry l^vurc

.-»n^ri η!?ν?Ψ "TV υοίκ .imq *τϋ οη)?ίΝ

Mishnah 1: When does one start to read the Shema in the evening1?

From the time that the enter to eat2 their Terumah3, until the end of the first night watch4 are the words of Rebbi Eliezer5. But the Sages say until midnight. Rabban Gamliel says until the first sign of dawn6.

1 The Mishnah presupposes that lost its role as glottal stop, the Mishnah everybody knows that there is an in the Yerushalmi has VsiV for classical obligation to recite the verses Dent. 6:4- VÍ3KV in the Babylonian Mishnah. 9 since it is written (v. 7) "You shall 3 , the heave, is the gift to teach them to your children and speak the Cohen from agricultural produce about them when you sit in your house, (Num. 18:12) and also the Cohen's part when you go on the road, and when of the given to the Levites from you are lying down and when you are produce (Num. 18:26). These gifts must getting up." Since it says "when you are be eaten in ritual purity (Num. 18:13: lying down" before "when you are "every pure person in your family may getting up", the obligation of the eat it.") There are several stages in the evening is discussed before that of the cleansing from ritual impurity. Serious morning. impurities (defilement by a corpse, a

2 The spelling of the Yerushalmi is leper, or a sufferer from gonorrhea) largely phonetic, in contrast to the need special rituals. More common Babli whose Hebrew spelling is his- defilements, such as touching a dead torical. Since the κ was silent in animal or coming in contact with a speech of the time and had more severely impure person, need 40 CHAPTER ONE immersion in the ritual bath (miqweh). Temple there were still places in This immersion removes impurity but where the Cohanim could purify does not yet allow a person to touch themselves by the ashes of the Red sanctified food or to enter the Temple Heifer (in Galilee which was only before nightfall, as it is said (Lev. 22:6- minimally damaged by the two wars 7): "He may not eat of sanctified food with the Romans.) unless he immersed himself in water. 4 The night is divided either into When the sun leaves he shall be three (Babylonian) or four (Roman) purified and after that he may eat of watches. the sanctified food." [For the more 5 The name of R. Eliezer is attached severe kinds of impurity, a sacrifice is only to the statement about the night needed before the Cohen may eat watch. The start of the time of the food in the Temple; this does evening Shema is accepted by every- not concern us here.] The Halakhah body. Rebbi Eliezer ben Hyrcanus was will discuss the exact meaning of "the one of the foremost students of Rabban sun leaving" and its relation to sunset ben Zakkai, the founder of and nightfall. the Synhedrion of Jabneh after the Today, no Cohen may eat any destruction of the Temple. He was the Terumah and the minimal amount set most conservative of all teachers of his apart for Terumah must be burned; it is time and reputed to transmit old ritually unclean from the start since traditions most reliably. nowadays everybody is defiled by the 6 It will be seen that the difference impurity of dead bodies. That impurity between Rabban Gamliel and the other can be removed only by sprinkling sages is practical rather than theo- with water treated with the ashes of retical. They agree that "when you are the (Num. 19). The Mish- lying down" mfeans "all the time that nah was edited approximately between you are lying on your bed" and not 200 and 220 C. E. It must be assumed "when you are ready to go to bed". The that the rules of the Mishnah are latter interpretation is that of R. intended to be practical. It follows that Eliezer. 130 years after the destruction of the

VP??? D>?rpny nvvP l?'?!· ΠΝ V"PP >riψπιρ M ηϊϊη

•)ΓΙ>3 VP??? en* îiV^P 'S"! ^ïi -IW^T»? ^^ HALAKHAH1 41 ny^p NjVN .V1V Ion?! V?ï">i? ^Eì ïrçv

nyyp .NID DV1 Hin Ηΐρφ vjJpvu^ irei!? VP»? cpírpny im TIN"! .NID Ν»>>> 'ΤΗΓΙ) Π^ψ Ί^? ÎJÎDÇl!? DIN

nnpri tçN .ριψ

.Νηνη >K>i?p YÙ >-m HQW NIDI N¡?>ripn "prprniía Halakhah 1. When does one start to read the Shema in the evening?. We have stated7: "From the time that the priests enter to eat their Terumah". Rebbi Hiyya stated8: "From the time that people enter their houses Friday evening to eat their meal." We have stated: "Their opinions are almost identical." Come and see: "From the time that the priests enter to eat their Terumah' is still daylight and the stars start to appear9, "from the time that people enter their houses Friday evening to eat their meal" is one or two hours into the night. You want to say that the two opinions are almost identical? Rebbi Yose10 said: Explain it by people in hamlets who usually leave the roads when there still is some daylight because they are afraid of wild beasts.

7 'jn is the translation of vocalization 'in is the prevalent one in Yerushalmi for Hebrew un "to tell the Yerushalmi Targumim. formally". It is a technical term that 8 Rebbi Hiyya is R. Hiyya bar Abba implies a statement of Tannai'm, the bar Aha Karsala from Kufra in Ba- teachers of the oral who were bylonia, the greatest of the students active from Maccabean times to the and colleagues of Rebbi (Yehuda, the death of Rebbi Yehudah the Prince, the editor of the Mishnah). Rebbi Hiyya is compiler of the Mishnah. The credited with collecting the tannaitic insistence on this being taught, or material that Rebbi left out of the formulated, repeatedly, shows that a Mishnah. The collection known as the statement introduced by 'an is a formal Tosephta is probably based on his statement, carefully formulated for material even though in the current oral repetition, and not just an ad hoc form it is a Babylonian rearrangement. statement in a discussion. The Now the Tosephta ( 1,1) is 42 CHAPTER ONE quoted in the Babli (Berakhot 2b): the earliest moment which can be n'ansa ya© n'ip niipV i'Vnna td'kö declared to be night. Hence, the other 'anya ins bisxV j'djsj mx 'ja® nswo version of R. Mei'r, that people start to nvwo ο'Ίβίκ o'sarn νκο '3Τ nan nina«? eat Friday nights, must also mean an •innnra Via«1? p«3T Donane "When may early time. Since people return from one start to read the Shema in the work early on Fridays, being notified evening? From the time that people of the approching Sabbath by the enter to eat their meals on Friday sounding of trumpets (Babli Sabbat Evening, says Rebbi Mei'r, but the Sages 35b), they will eat early. In particular say from the moment that the Cohanim in , where were are allowed to eat their Terumah." It out in the fields, Friday evening seems that the does not services were held so that people could indicate that R. Hiyya is reported here return to town before the unlit roads to quote the Tosephta but that there became completely dark. In Israel, on was a difference of opinion between the other hand, synagogues were in Rebbi and Rebbi Hiyya about which towns and often the sermon was held opinion of those mentioned in the on Friday evening. It is told in Lev. Tosephta should be accepted in the rabba 9(9) that R. Mei'r was preaching Mishnah as authoritative. Friday evenings and even women came

There is a fundamental disagree- to hear the sermon at that time. Hence, ment between the two Talmudim in the the Sabbath meal was late. In Israel, R. interpretation of R. Mei'r's opinion. Mei'r's pronouncement was taken to The Babli quotes a second version of R. indicate a very late time. Meir, "from the time that the Cohanim 9 As noted in the preceding immerse themselves in order to eat comment, the Cohanim start to eat Terumah." Since the Cohanim have to when it is no longer day, but before it concentrate on their status of purity is completely dark. The exact de- between immersion and eating, in order finition of "day," "twilight," "night" will not to touch unclean matter be given later in the present section. inadvertently, it is clear that they will 10 This R. Yose is the late Galilean immerse themselves at or shortly after Amora R. Yose (probably, ben Zabida), sunset, when it is still clearly day and not the Tanna R. Yose ben Halaphta. no stars are visible, and start to eat at HALAKHAH 1 43 ji>33 nnw viip ρ on .innin >-r> N$n Nb p^ oiip N-iipn H* JIN^ np5?n Jin? nrçiN ΐηίρ γη »pv

:mTin ïvj -»αϊ ^inn n^aipa iSnft tonin

It was stated: "He who recites (the Shema') before that time did not fulfill his duty." If that is so, why does one recite (the Shema') in the ? Rebbi Yose said: one does not recite it to fulfill one's duty but only to stand in prayer after the study of Torah11.

11 This section is quoted by in hours.) Hence, evening prayers with his commentary of the Mishnah in the Shema' are recited in full daylight. R. Babylonian Talmud. The old Yose declares that after nightfall Ashkenazic ritual that has preserved everybody has to recite the Shema' for the Israeli usages, in contrast to the himself (without benedictions) to fulfill Sephardic rituals coming from Ba- the duty of reciting the Shema' at its bylonia, requires that afternoon and proper time. In contrast to Shema', the evening prayers be said consecutively daily prayers are not bound rigidly to in the synagogue any time after nnjn their times, as will be explained later

5 njoj?, /4 hours before sundown (the in the Talmud. hour computed as '/12th of daylight

ïï*"!* P?P tow? ÏV ÏÏ13 P?P

pap ^ann par .rcnai πνηψ") α>τρτ

7\13b Oi»rr!?D D"TN >N1>Ì (fol. 2b) lini* >1") WHl "|ínV UT?

Nlipn Ninp N*ip hì pao N-jp pao .rapaio rteaj? γπψ

-i©n j^N·) nìd pao oiipl iJiain >·ρ ns> n> p^ opp

,niip> ryns M*)p n> pao N-jp pao rn>pN νιπ .ni-ip>

Rebbi Zeïra12 in the name of Jeremiah13: One who is in doubt whether he said Grace after his meal or not, must say Grace, since it is written (Deal. 8:10): "You will eat and be satiated, then you must praise the Eternal14, your God15". One who who is in doubt whether he prayed or not, may not pray, against the opinion of Rebbi Yohanan16 who said: If 44 CHAPTER ONE only one would pray the whole day long, why? Because prayer is never in vain17! About one who is in doubt whether he recited (the Shema') or not we may hear from this: He who recites (the Shema') before that time did not fulfill his duty. And before that time is it not doubtful18? This means that one who is in doubt whether he recited (the Shema) or not must recite again19.

12 Rebbi Zeïra was a Babylonian "scholarly" hif'il vocalization, yahweh who appears in the Babylonian Talmud "Creator," is certainly false since as Rebbi Zera; he rose to be head of theophorous names show that the first the Yeshivah of after Rebbi syllable is vocalized either yä, yô, or Yohanan. yë, never yah, and, hence, as is to be 13 Rav Jeremiah appears in the expected, the Name does not follow Babylonian Talmud as Rav Jeremiah any normative grammatical rule.] bar Abba, one of the outstanding 15 The verse quoted shows that students of Rav. He should not be saying Grace is a Biblical obligation (at identified with Rebbi Jeremiah, a least for people who ate to be satiated). Babylonian and student of Rebbi Zeïra For Biblical obligations, we always in Galilee. follow the rule that in doubt one has to 14 There is a problem how the follow the most stringent alternative. Divine Name YHWH should be trans- 16 Rebbi Yohanan is the greatest lated. The traditional "Lord", taken authority among the Galilean Amoraïm from the Septuagint, is a translation not of the second generation. It is rare to of the Name but of its substitute have a decision of later generations ädönäi. The vocalization of the Name going against him. is unknown. The root is certainly πντ 17 Everybody agrees that praying the "to exist". The form of the name three times a day is a rabbinic indicates either qal or pi'el, with a obligation. The majority opinion, meaning "Eternal" or a hif'il, meaning reported here by R. Zeïra and "Creator". Probably it means both but anonymously in Babli Berakhot 21a, is for purposes of translation it is that one may not recite this prayer convenient to follow Mendelssohn and more than three times a day (at least use the first meaning. [The so-called on weekdays) and that, therefore, when HALAKHAH1 Λί in doubt one may not pray since that he already had prayed, must stop rabbinic ordinances are interpreted in the middle even according to Rebbi leniently in case of doubt. The Yohanan, but in the Talmud contrary opinion of Rebbi Yohanan is R. Yohanan is explicitly on record also reported in the Babylonian Talmud (Halakhah 4:3) that he goes on praying (loc. cit.) but without the argument that since prayer is never in vain. prayer is never in vain. Rav Haï 18 Later it will be discussed that (Oizar HaGeonim Berakhot, p. sometime between sundown and SO, Commentaries p. 26) explains that nightfall there is a time of twilight Rebbi Yohanan thinks that prayer, as a when it is doubtful whether it belongs supplication for Divine grace and in to day or night. Hence, someone who imitation of sacrifices, can be offered recites the Shema' during twilight as fulfillment of a vow. It follows that, cannot be said to certainly have in his opinion, anyone who is in doubt violated the rule that the evening whether he prayed already, should Shema' must be recited in the night and declare that his prayer should be his case is equivalent to the one where counted as obligatory if he did not the person is not sure whether he had pray but as a voluntary offering if he recited the Shema' already during the already had fulfilled his obligation. current evening. This opinion is not acceptable to the 19 Since the Talmud has to prove Yerushalmi; since prayer is never in indirectly that in reading the Shema' vain it does not need a prior one is stringent in case of doubt it declaration. There is a practical seems that it is implied that the reading difference between the two Talmudim of Shema' is a rabbinic institution since according to Rav H ai" s (though it might leave in doubt the interpretation, someone who started status of the first sentence or the first praying and remembered in the middle section.)

ίιτ> -Dt -α*τ> ηηο ρκψ >? ϊχ ηκη .o'rpisn UNS -137!? ν?>ρ o>iDì3n jins tv -ιηψη η^ν» ΟΌη-α o>pnnç ο^ο) ton^s o>\yiy

.DDN^n oi»m iöwö TÙ^TÌ ut? n>m a>roì τ ν : - : τ : - - τ ττ: A sign for it (nightfall) is after stars have become visible20. And though there is no proof, at least there is a hint21 in (Neh. 4:15): "We were M CHAPTER ONE working; half of them were holding spears, from the beginning of dawn to the visibility of stars." And it is written (v. 16): "The night was for us for watch duty and daytime for work.22"

20 This is an extended quote from a Yerushalmi Sheviit 9:2 (38d), Pesahim parallel to the Tosephta (1:1) quoted in 1:1 (27a), Moëd Qatan 1:4 (80c), note 8. It is not from our Tosephta Yebamot 4:11 (6a), 1:4 (49a). since the last sentence is missing there 22 The argument goes as follows: and the first sentence reads in the 's people worked from dawn Tosephta, and in the Babylonian to dusk (in contrast to hired workers Talmud (2b), D'aaian nxï laiV . who labor from sunrise to sunset; Baba Levi Ginzberg already has pointed out mezia' 7:1). The second verse, missing that the Biblical noun construction ηκϊ in the Tosephta, contains the proof: D'aaian "the emergence of stars" is Nehemiah declares that "day was for never used in the Yerushalmi which work" and, since he had defined his prefers the verbal form. "It" referred working day as dawn to dusk in the to in this quote must be nightfall, the preceding verse, his definition at least common time both for the criterion of for "day" is "dawn to dusk". This is R. Meïr and that of the Sages (Note 8). only a "hint", not a proof, since his 21 This expression is found also in working day was irregular.

"TON 1DÌ3 N£>3 Ί3 N1N ΠΊ DVÍ3 ΟΓΟ>3 >31 ΝΓΡ1 ÌN5P D>1DÍD 71Ö3 • ·.· Τ Τ — ~ Τ " TS· Τ !· · Τ Τ • uns Ί)ί I'lpm pao ο>3ψ >niî ηψ^ψ ,η!?>> pao .ον >niî

.2\Wnriö tÒ N»ö"Tp ,Ο^ψ OnDÌD V3ÌV>>? HÏy .OUDÍ3D

How many stars have to appear that it should be night? Rebbi

Phineas23 in the name of Rebbi Abba bar Pappus: one star (visible) is certainly daylight. Two are doubtful as night. Three is certainly night.

Are two doubtful? Is it not written (Neh. 4:15): "To the visibility of stars?24" The minimum of "stars" are two! The first one does not count25.

23 R. Pinhas Hacohen bar Hama, an His source R. Abba bar Pappus was a Israeli Amora of the fourth generation. Babylonian of the second Amora HALAKHAH1 47 generation immigrating into Galilee. In ing. Since numbers do not have an the Babli (Sabbat 35b), the criterion of upper bound, the only definite number three stars is attributed to Samuel, one indicated by a plural is 2. Hence, the of the two foremost Babylonian plural must mean two unless it is authorities of the first generation. This accompanied by a description like criterion is originally Babylonian since "many", etc. The description in the the criterion of Cohanim eating their Babli is: xV nano noun noun ovia noon Terumah was never applicable in noen "If you grab the minimum you Babylonia. have something in your hand; if you 24 The argument here is that grab more you have nothing in your Nehemiah uses a plural in his defi- hand." It follows that Nehemiah can nition of nightfall. So he talks about at talk only about two stars in his least two stars. Now Talmudic description of night. interpretation of Scripture follows a 25 Since Venus often is visible in principle that I have discussed repeat- daylight, it cannot count in the edly ("Logical Problems in Jewish determination of nightfall. Later it is Tradition" in: Confrontations with stated that no star visible during , ed. P. Longworth, London daytime hours can be counted for the 1967, pp. 171-196; Seder Olam, North- determination of nightfall. This vale NJ 1998, p. 6) that every Biblical naturally seems to eliminate the count statement must have a definite mean- of stars as a practical procedure.

.»I!?« D^N .ΎΙ03 ntyj/ì "mi* 1DÌD ΠΙΟ Jiav 31V?

ïOip riDN^Jp ηψ^Ί 7IW 33ÌD ΠΝΊ ΓΙ3ψ .ΠΝΟΠ

.moa οψΝ N'in .ηκυη

Friday night, if someone saw one star and did work (forbidden on the

Sabbath), he is free from punishment. Two, he brings a trespass offering for a in doubt26. Three, he brings a . Saturday night, if someone saw one star and did (forbidden) work, he brings a sin offering.

Two, he brings a trespass offering for a sin in doubt. Three, he is free from punishment. 48 CHAPTER ONE

26 The trespass offering described in statement, at the time when exactly Lev. 5:17-19 for somebody who without two stars are visible it is impossible to premeditation commits an act of which know whether it is day or not. The sin he later has doubts whether it was offering for committed in error is sinful or not. By the preceding described Lev. 4:27-35.

rny? tPlDÌ3 '¿ψ ΠΙΟ ,p30 Ο^ψ ">8^ VN Τ>3 'ΡΪ* ^ ntyyi in mnni mip >NSia? dudìd ηκτ .hdn^p n^Vl to by i»n ntvi in ov o>3i-tqNn in in ov dwn^ on rjwaj no .nsNbp by 3»n Nn>i ooiwNin «in o>iimNn on .o>iinnNn * r ... τ : - · τ ' - τ:" - τ -s - τ ΐΐηηψ? .JTìsi"»? >sn? -is^i πιψ any? oudís a ηΝΊ .o>iiv/N-in rjytoí n« .Tiiiin? >sn? τοψ o>a?i3 nio .Jnjii? ^n?

ïy oy πηηψ ïy in oi> o>ír>nNn

o>?iwN*)n in o>5i->nNn on .o>3i*inNn by α»η νγρι γώ^

.o>3iv)N-)n by α»η Nn>i πιψ >b>b bw oy JinQV by ΉΡ*?! Rebbi Yose bar Abun27 investigateci: If you say that two (stars) present a doubt, if someone saw two stars on Friday night, was warned, and did forbidden work, he also saw two stars on Saturday night, was warned, and did forbidden work, then it is logical to assert that if the first period was daytime the last period was also daytime and he would be guilty for the later work; if the last period was nighttime then the first period was also nighttime and he would be guilty for the first work28. If someone saw two stars on Friday night and harvested about (the volume of) half a fig, in the morning he harvested about half a fig, and he saw two stars on Saturday night and harvested about half a fig, then it is logical to assert that if the first period was daytime the last period was also daytime and one would combine daytime with Saturday night and he would be guilty for his last work; if the last period was nighttime then the first period was HALAKHAH1 49 also nighttime and one would combine daytime with Friday night and he would be guilty for his first work29.

27 R. Yose bar Abun was the conditional warnings, given in mutually colleague of R. Yose bar Zabida and exclusive circumstances which together one of the last editors of the Yeru- make a certainty of the transgression, shalmi. The first conclusion of R. Yose can be counted as an unconditional bar Abun is reported in the Babli warning. (Sabbat 35b) by R. Yose bar Zabida. 29 Harvesting is forbidden on the The names Abun, Abba are often Sabbath. Like all such work, the contracted to Bun, Ba in the Yeru- minimal amount of work that is shalmi. punishable depends on the intention of 28 As Rashi points out in Sabbat 35b, the person acting. If the harvest is to one has to assume that the person did clear the field for a new crop then the work the entire period during which most minute amount of work is exactly two stars were visible. Since it punishable. If the harvest is for human is not determined when exactly the consumption then the minimal harvest changeover from Sabbath to workday punishable is the volume of a dried fig. occurs during this period, one has to If the harvest is for animal feed then exclude the possibility that he did the the minimal amount is to fill the mouth work during daytime the first time and of a lamb (Tosephta Sabbat 10:15). during nighttime the second time. Here it is understood that one uses the The first case discussed by R. Yose example of one who harvests for bar Abun deals with a criminal trial. human consumption. Any forbidden In Jewish law, the Biblical penalties work on the Sabbath is sinful even in cannot be imposed unless the accused the tiniest of amounts; the minimal was duly warned by witnesses not to amounts determine only whether there commit the crime that he was seen to is a criminal liability or not. If the start. However, such a warning must work was done inadvertently or the be given unconditionally. Since nobody person forgot that it was Sabbath, he can assert categorically that work in may bring a sin offering in the Temple twilight is a Biblical prohibition on as soon as the Temple will be rebuilt. Friday night and Saturday night, R. However, a sin offering can only be Yose seems to assert that two brought if the same action, done 50 CHAPTER ONE intentionally, would have been a the time in between will cause a criminal act. Hence, no sin offering separate sin with a separate sin can be brought as atonement for doing offering. Hence, it is assumed here less than a minimal amount of work that the person in question either was which would qualify as criminal act. not aware that the day was a Sabbath For such an action there can be no or that harvesting on the Sabbath is warning and the formulation of the forbidden, without any intermediate problem also leaves out mention of due awareness of either Sabbath or the warning; one may speak here only prohibition of harvesting. It is then about the obligation (or possibility) of asserted by R. Yose bar Abun that all bringing a sin-offering. acts committed during one forgetting It is spelled out in Leviticus (5:2-4) do combine, since they will all be in respect to sin offerings for trans- covered by one sin-offering. gressions by speech (by oath, or non- The certainty of guilt on the speech, be refusing to be a witness) Sabbath is then established by the same that the sin offering is brought if "(he argument as in the first case under the did,) and it was forgotten by him, and same conditions, viz., thai in both cases he remembered and was guilty." It is the action was performed exactly taken from here that in all cases there during the entire time that exactly two is one sin offering for all transgressions stars were visible. The practical done in one forgetting; that any determination of such an action is realization of the forbidden action in made questionable by the next action.

cn? "pnjprrpN n>>7 "ΐ©>τπ í-qn

•pa >a-tt >oi> ion .pn? nj?»^ WPDJ?» "pnn-piq

.NmDiD Nin ρ -a prnio ΝΓΙ^ yinnjpn τίη>αι

That means (we judge) by those stars that are not usually seen during the day. But by those stars that are usually seen during the day we do not estimate. Rebbi Yose ben Rebbi Abun said: There must be three stars not counting Venus30.

30 Here we take up the discussion interpretation and the text are a matter from the penultimate section. The of some controversy. Rabbenu Hananel HALAKHAH 1 11

(of Kairawan, 11th Century) in his applies well. In fact, R. Zachariah commentary to Sabbat 35b reads in the Frankel in his commentary on the statement of R. Yose bar Abun: unVai Yerushalmi points out that the KM3Ì3 in ρ Ί3 0'33i3 κη^η pomn, this feminine ΚΠ3313 makes sense only if it is close to our text. R. Eliezer ben Joel refers to Venus. A "star" in general is (Ravia, Rhineland, 12th-l 3th Cent., § K33Í3; masculine, and it seems that the 199) reads paaia xnVn rannn iinVai text of Hagahot Maimuniot has been ΚΠ3313 in mms "only that three stars corrected by German Jewish attention should look like one star" and explains to grammatical correctness. However, in the name of Rebbi Yehuda (either if we accept the reading Knssis the the Pious of Regensburg or Sir Leon of statement of R. Yose bar Abun is a Paris) that three stars have to appear in duplication of the earlier remark that a group like feet of a tripod. The same "the first star does not count." Ran text is quoted by the 14th cent. R. explains that the earlier statement Nissim Gerondi (Ran) as xinV pan determines the moment of nightfall XT133Ì3 "which are similar to one star" from Biblical sources but that the and his contemporary Hagahot requirement that three stars should be Maimuniot (Hilkhot Sabbat, 5:4 Note 3) seen close together is a rabbinic that three stars should be seen in ]'03 ordinance "to add from weekday to the X33Í3 "in the manner of one star", to holy day" and, therefore, has a differ- which reading the explanation of Ravia ent status and is a legitimate addition.

.Di> >Ni! idìs no ·)? rmn> >3-1 ow? ηκηίττ npy> >?->

1DÍD V3 pao Π>> J1»N p?D ΓΡ> TP}-!

Rebbi Jacob the Southerner31 in the name of R. Yehudah ben Pazi:

One star (visible) certainly daytime. Two are night. Does he not allow for a period of doubt? He has a doubt between star and star32.

31 Amora of the fourth generation, family Ben Pazi, is a Galilean source from the region of Lod, contemporary from the school of R. Yolianan. of R. Phineas, who transmits a con- 32 The interval between the moment flicting Babylonian statement. His when only one star is clearly visible source, R. Yehudah ben Simon, of the and when two stars are clearly visible 52 CHAPTER ONE is his time of dusk, of which it is not night, known whether it belongs to day or to

ι-ρηψπ .πίνηψη v? in* la'ODn .ov in* πίηπΝ» rnto >33ψ ^

.vbp_ irrç linons ηΐνψ p>yn Γΐψί|3

It was stated: All the time that the Eastern sky is red it is certainly daylight. If it became silver colored then it is dusk. If it became black, equally from zenith to horizon, then it is night33.

33 The Babli (Sabbat 34b) has a daytime. If the lower part turns silver tannaitic statement: "What is dusk? colored (pale grey) but the zenith is not From sundown all the time that the yet silver colored, that is dusk. If the Eastern sky is red. If the lower part zenith is silver colored equal to the turns silver colored (pale grey) but the horizon, then it is night.'' The text of zenith is not yet silver colored, that is the Yerushalmi is from a tannaitic dusk. If the zenith is silver colored source and supports Samuel's reading. equal to the horizon then it is night; However, the Yerushalmi version is these are the words of R. Yehudah (bar clearer since when the color of the sky liai')." This statement looks somewhat at the horizon is equal to that at the garbled and it is explained in the name zenith and is darker than pale grey, it of Samuel as: " From sundown all the is close to being dark. time that the Eastern sky is red it is

nn> tnltt n^njn ri»n ï&Î ^nnn nnaìpjpa nnlpn IOÌN batra ji^njpì n>?n ^ ηίο ίουη rn -»ON .ΤΊίνηψπ pi irrç tC?) ny¡?w nonrw nyv? nrnit rm!?n vn 1? iwwvp >3ro .rii^ roa!?

.:nrni* ηηηπψ

Rebbi says: (When) the moon is at its turning point, and the sphere of the sun has started to disappear and the sphere of the moon to rise, that is dusk. Rebbi Hanina said: When the solar sphere finishes disappearing and the lunar sphere starts to rise. Samuel has a tannaitic statement: The HALAKHAH 1 i3 moon does not shine at the moment of the disappearance of the sun nor does it go down at the moment that the sun shines34.

34 Rebbi is Rebbi Yehudah the A reasonable explanation of this Prince, the editor of the Mishnah. R. section must start with a discussion of Hanina probably is the Amora R. "the turning point of the moon." Hanina, the student of Rebbi. Usually this is taken as the moment of The explanation of this section the full moon, when the moon changes depends on whether one accepts that from increasing to decreasing. How- Rebbi and R. Hanina speak of the same ever, this interpretation is impossible tradition, only that R. Hanina insists since the orbit of the moon usually that the correct tradition of Rebbi's deviates from the ecliptic and only statement is that dusk starts only at the about every 223 months the full moon moment of the final disappearance of is in the ecliptic in opposition to the the sun and not at the moment of the sun. Hence, the "turning point of the disappearance of the lower rim of the moon" is the only time when there is a solar disk as in the first tradition. This possibility of a lunar eclipse and the is the opinion of most commentators of full moon is directly opposite to the the Yerushalmi; in the language of the sun. R. Hanina and Samuel express the Babli it means that two tradents, the view of geometric astronomy, i.e., that first one anonymous and the second R. the full moon cannot rise as long as the Hanina, give their versions of what sun is still visible. The anonymous first Rebbi really said. [ tradent notes that in rare cases the (Writings of Rabbenu Moshe ben refraction of the earth's atmosphere Nahman, ed. Chavel, Jerusalem 1964, can lead to a situation where the full Torat Haädam, p. 154-251) insists that moon starts to rise while the sun, R. Hanina only explains Rebbi's geometrically below the horizon, is still statement in popular terms. Since the visible. [In science, this phenomenon Talmud quotes a teaching accepted by was first studied by Ibn al Haytham in Samuel the astronomer as confirmation the tenth Cent.; cf. R. Rashed, Optique of R. Hanina's position, it is difficult to et mathématiques, Variorum: Ashgate accept that the first tradent and R. Pubi. Co., Brookfield Vt, 1992] For Hanina should have completely parallel practical purposes, both teachers seem statements.] to agree that in the consideration of 54 CHAPTER ONE

"sundown" for Sabbath observance, the sphere should be disregarded, influence of refraction in the atmo-

07N ΓΜ3Π ^njpn Ki^n ov? riling 13 N>>n ->3 bNinyj >31 ri(7^n ίιιοηηι i?:m·) η"?ίίη filari o>3 inio) rity nn νιό3 TOÌV

ΓΡ> Nìnn DI? .ioi^ia^ n>> Nìnn? io>rn N-JO Ì>3\? Din

.NTl Nb Ν\ΠΟ>Ν3 τ : τ r τ : Rebbi Samuel bar Hiyya bar Yehudah in the name of Rebbi Hanina:

When the solar disk starts to sink and a man is standing on top of Mount

Carmel, he descends and immerses himself in the ocean, ascends and eats his Terumah, one may assume that he immersed himself during daytime35.

Than is, if he used a shortcut36 but when he went on the road37 this does not apply.

35 Therefore, he was cleansed from In the Babylonian Talmud (Sabbat impurity at nightfall and is justified in 35a) the statement of R. Hanina is eating Terumah. given as illustration of the notion of 36 Latin compendiarium (scil. iter) dusk of R. Nehemiah mentioned here in "short cut". The text cannot really the next section. In the interpretation mean "the top of mount Carmel" since of Tosaphot (/. c., s. v. ivi), the even running down in a straight line statement means that just when the from today's University to the Cohen emerges from the sea then dusk shore would take about an hour. The starts. "top of Mount Carmel" here is more 37 Latin strata (scil. via), "paved likely to be at today's "'s cave". road, pavement".

>3i rmn? Ν>ηψ 07 ΪΨ Noirpri >3*1 ΊΚ>Η .Jiwnym i>3

V3 Nint>N .Jilván V3 IN?!? na>\?n ni?>m «π>υ ϊψ irpn

>31 .rppçi? >31 n.37 >>0 07N H? ϊΐηηπ »ΡψηψΡ Γήνηψη

.0>03η v!?y -Tiöi£ ÌÌ7D> «no? niwnv^n i>3 HALAKHAH 1 51

What is dusk? Rebbi Tanhuma38 said (it is comparable) to a drop of blood on the tip of a sword. The drop splits here and there, that is dusk.

What is dusk?39 From after sundown the time a man needs to walk half a mil, the words of Rebbi Nehemiah. Rebbi Yose said: dusk is a moment and the sages could not determine it.

38 One of the latest authorities Hai), followed by the statements of R. mentioned in the Yerushalmi, re- Nehemiah and R. Yose here, making nowned as a preacher, and author of the definition of dusk a triple the basic Yelammedenu . His disagreement. By contrast, it seems simile here is also of the nature of a that the Yerushalmi accepts the sermon, illustrating the opinion of R. criterion of the color of the Eastern Yose that there is no real extended sky as universally valid, only that dusk but only day and night with a Rebbi Nehemiah qualifies it in time. fleeting moment in between, the The relationship between the state- blinking of an eye in the terminology ments of R. Nehemiah and R. Yose is of R. Yose and the splitting of a drop discussed in the next section. Since the of blood on the tip of a sword for R. standard for a normal person is to walk . 10 parasangs [= 40 miles (mil)] in a day 39 While the first statement here of 12 hours, the time allocated to a mil

i2 was a homily by a late Amora , now we is /40 hours or (12x60)/40 = 18 are dealing with a legal statement by minutes. [ counts the 10 two of the outstanding students of parasangs from beginning of dawn to Rebbi Akiba, of the fourth generation the end of dusk; his time for walking a of . Rebbi Yose here is Rebbi mil is 24 minutes.] This refers to a day Yose bar Halaphta, the highest of 12 hours between sunrise and sunset, authority in his generation. i.e., for the equinoxes if constant hours In the Babli (Sabbat 34b), the are used. In addition, the previous statement describing dusk as determination of time is valid only for the time between the end of a reddish the or other countries of glow in the East to uniform dark the same latitude. For other latitudes, greyness from Eastern horizon to zenith the length of dusk has to be is attributed to Rebbi Yehudah (bar determined by the angle of depression CHAPTER ONE

of the sun at the end of 9 or 12 minutes replaces the time of V2 (Roman?) mil 2 after sunset in Israel on March 21. The in Galilee by /3 Babylonian?) mil in Babylonian Talmud (Sabbat 34b) Babylonia on the lower Euphrates.

«1ÎX7 Ν"1?ΓΙ?α H1? ΝΠΝ >3*)!? >OÍ> >3"» DON ."|>3J1> ÌV) ΝΠΝ >3"η >OÍ> >3")

HÏ >31 .ρ "QO NiN ^IN Π>> ΙΟΝ ^ Π>Ρ05 >377 pao (fol. 2c) >3-n b>)p "TV IlDl Ì?J/ n'jis ρ ion OÌ»3 Ϊ1ΓΙΝ ΓΙΝΊ ieri ·)3>3ΓΙ T? ÌVptn >3*1 >OÌp Γ)>ΓΙ>>\ρΐ? NM >3"1 ΙΟΝ .ΝίΠ oi>NP JNI' ON *INO> JINNÌ NWJP^RI V5 NNN NIWO^N PA ΠΠΝΙ oi»NN N»N">N NSPÖY PAO ONT I3*IP>:) TINÍDIO!? >NÜ *INÇ> RMSPOI

>Bip NV3 «ipi> i? N>>n >3-i .ρηρ!? paoi dn>?io> >niï -ino> nrapni

IJJVI ïy ππψρ n>> ion >oi> >3-1 ο>3ψ> np>0} ΓΙ>ΝΙ ΝΪΓΙ INO ^ni> >an no"? .Nin pao n>po? >3*17 !?>o >*η3ψ "|>V UDÌ "VW Wf

.πίνοψπ ι>3 in* ->&Νη ìn>!?N Νί3»ψ?> ii>n>wp >> -ION Rebbi Yose and Rebbi Aha40 were sitting together. Rebbi Yose said to Rebbi Aha: Is it not reasonable that the end of the half a mil of Rebbi Nehemiah is the moment (of Rebbi Yose)41? He answered: I also am of that opinion. Rebbi Hizqiah42 does not say so but every single moment in the half a mil of Rebbi Nehemiah is in doubt. Rebbi Mana said: I pointed out the difficulty before Rebbi Hizqiah from what we have taught (Zabim 1,6): "He saw one emission during daytime and one at dusk or one at dusk and the next one the next day; if he knows that the emission at dusk was partially during daytime and partially during nighttime, he certainly is impure and needs a sacrifice but if it is questionable whether the emission occured partially during daytime and partially during nighttime he certainly is impure but it is questionable whether he owes a sacrifice.43" Rebbi Hiyya bar Josef44 asked before Rebbi Yohanan: Who is the Tanna who will split an emission into two? Rebbi Yose!45 I said to him: Here is HALAKHAH 1 57 your problem since you say that every single moment in the half a mil of

Rebbi Nehemiah is in doubt.46 What is his question good for? For the time when Elijah will come and say: that is dusk47.

40 Rebbi Aha was an Amora of the had three episodes (again, not fourth generation, older than the separated by a full day from dusk to Amora Rebbi Yose. dusk without incident) then he not only 41 R. Yose considers all of Rebbi has to immerse himself in running Nehemiah's "dusk" as being part of water after seven days but he also has daytime and that the change-over to to bring a purifying sacrifice (if there night comes instantly at an undefined is a Temple.) There is a standard time shortly after the end of R. duration that is counted as an episode Nehemiah's "dusk". With Rebbi and a continuous emission during a Yehudah instead of Rebbi Nehemiah, longer period is counted as two (or this is the opinion of Samuel, the more, depending on length) emissions. astronomical authority of the first The Mishnah here states that an Amoraic generation in Babylonia, in episode during dusk will be counted as the Babylonian Talmud (Sabbat 35a). two even if it is relatively short if part 42 Amora of the fourth generation in of the episode happened during the Galilee. R. Mana (II) is his only known previous day and part during the student. following night. Hence, the exact 43 Tractate Zabim deals with men determination of the boundary between suffering from gonorrhea or any other day and night is essential. sexually related effluent (Lev. 15:1-15). 44 A Babylonian, student of Rab and In the interpretation of the school of Samuel at the start of the Amoraic Hillel there are three stages in the period, who at an advanced age uncleanness of a zab. If he had one emigrated to Israel and became a episode, he is unclean but may cleanse member of the Academy of R. Yo- himself by immersion in water as with hanan. any other defilement. If he had two 45 Rebbi Yose mentioned here is the episodes not separated by a full day, he Tanna, ben Halaphta. His opinion is can cleanse himself only by immersion given based on an explicit in running water after being free of Zabim 1,12-13: "If he had one long symptoms for a full seven days. If he emission such that he would have had Si CHAPTER ONE time to immerse himself in a ritual Tosephta clearly states that the bath and dry himself then it is counted Mishnah quoted is R. Yose's opinion, if as two episodes; shorter than that it is every moment of R. Nehemiah's only counted as one. Rebbi Yose says twilight is questionable for R. Yose it is always counted as only one then the statement of the Mishnah: "if episode. However, Rebbi Yose agrees he knows that the emission at dusk was that if he had an emission during dusk, partially during daytime and partially even though its duration was not long during nighttime" is meaningless since enough for immersion and drying it is never knowable by anybody himself, it is counted for two since it whether anything occurred partially happened on different days. In this during daytime and partially during sense did R. Yose say: If he had an nighttime. emission during twilight he is possibly 47 While the prophet Elijah has no defiled (unclean for seven days) but authority to change religious rulings he not obliged to bring a sacrifice. If he has transcendental knowledge of the had two emissions during twilight he is true state of things. Hence, for possibly defiled and possibly obligated someone instructed by Elijah the doubt to a sacrifice. If he had one emission of R. Yose does not apply and the at another (certain) time and one Mishnah, while unlikely to be practical, during twilight or one during twilight is neither impossible nor void. and one at another time he is certainly This is the end of the discussion in defiled (for seven days) and question- the Yerushalmi, seemingly accepting R. able for a sacrifice. If he had two Hizqiah's position. In the Babylonian emissions at other times and one at Talmud the decision is left explicitly twilight or two at twilight and one at open so that in any case one has to go another time he is certainly defiled and with the more stringent rule (earlier certainly must bring a sacrifice." start of Sabbath, later nightfall for 46 Up to here, everything is R. Terumah and end of Sabbath.) Mana's question to R. Hizqiah: Since the

"V?N jpN*r roo? i^arr "prmn ni>?p .>>>9 vo

-iç) .MID n^ ν>ρΊΓΐ v^p^n nyin? ηηηπψ ->Ù ϊχ «IN O-UDÌD rrçùw

.rnvis Na οίίη \yta-t .)? nnni¿ia HALAKHAH1 i9

ρ iJiN>3 np .ìjinu> ÌJIN>Ì»> νόρρ ,-ιποί ν)ρψη και

.-ÓN -i^ìan NIN npx IN .imnan

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.103 by i->pia>

Who disagrees?48 Rebbi Hanina the Colleague of the Rabbis49 asked:

Just as you say in the evening that it is night if three stars are visible even though the sun is in the middle of the sky it is night, so you must say the same thing in the morning. Rebbi Abba50 said: It is written (Gen. 19:23):

"The sun went out over the earth and Lot came to Zoar." And it is written

(Lev. 22:7): "The sun will come and he shall be pure." He brackets going out and coming. Since coming means that it is hidden from the creatures so also its coming out when it will be ascertained by the creatures. Rebbi

Abba51 said, it is written (Gen. 43:3): "In the morning it was light." The

Torah called the light morning.52 Rebbi Ismael53 stated: (Ex. 12:10) "In the morning, in the morning," to give a domain to the very early morning.

48 With the criterion of three stars three stars contradicts the Mishnah it for the start of night. must be invalid. 49 He usually goes by the name of R. 50 R. Abba also was a Babylonian, a Hananiah the Colleague of the , student of and Rav Yehudah a Babylonian who was an important in Babylonia, who went to Israel and teacher of the leaders of the fourth became a rich silk merchant and generation of but who never talmudic authority of the third gener- headed a talmudic academy. He insists ation of Amoraim, a contemporary of that it is logical to assert that as long R. Hanina the Colleague of the Rabbis. as three stars can still be seen at dawn His argument parallels the previous one it is night even though it is relatively but, since it is based on Biblical verses, light and (Mishnah 5) one may well it seems to be an attack on the Mishnah distinguish between dark blue and which gives different treatments to white, or between dark blue and dark dawn and dusk. green. Hence, since the theory of the The first verse asserts that Lot came 60 CHAPTER ONE to Zoar at sunrise. The second verse brothers leaving Egypt to return to asserts that the Cohen who had Canaan. Hence, it means the first dawn cleansed himself from impurity is which was the first possible time for purified at nightfall as explained their leaving, and the Biblical verse earlier. The argument seems to center connects the technical meaning of on the ambiguous statement "the sun "morning" with the first light of dawn. will come and he will be pure." Hence, the asymmetry of treating dawn Everywhere, the "coming" of the sun is and dusk is Biblical and Rebbi Hanina's its going, sundown or nightfall. In the and Rebbi Abba's arguments are first verse, the coming of Lot to Zoar is unjustified. real coming, parallel to the going out 53 He is a Tanna, an older con- of the sun. Hence, in the first verse temporary of Rebbi Akiba and head of coming and going out are the same. It his own school. The sentence is a would follow that, in the second verse quote from an anonymous statement in also, coming must have the same status Mekhilta dëRibbi Ishmaël, , 6): as going out since it is one of the "'They shall eat the meat during that principles of Rabbinic interpretation night'; from here I understand during that Biblical expressions have the same the entire night. The verse says 'do not meaning at every occurrence (a leave any leftovers until morning; but principle known as gëzèrâh säwäh.) anything left over until morning you Hence, the different treatment of dawn shall burn in fire.' Why does the verse and dusk in the Mishnah seems to repeat 'until morning'? To give a contradict the principles of Rabbinic domain to the earliest part of morning. interpretation. From here they said (Mishnah 3-4): 51 It is not known if this Rebbi 'The consumption of the Abba, solving the puzzle, is the same as sacrifice and all other sacrifices, the the author of the preceding question or burning of their parts on the altar can another sage of the same name. The be done until the start of dawn and all editorial principle of the Babli, to sacrifices that must be eaten within one quote an authority the first time as 'JiVd day can be eaten until the start of tok and the following times as ίΛβ toh dawn.' Why did the Sages decree (that or 'JiVb mm does not apply to the all must be done) until midnight? To Yerushalmi. remove people from transgression and 52 The Biblical text tells of Joseph's to make a fence around the ." HALAKHAH 1 61

This is an additional indication that Biblical start of a new day. the earliest possible sign of dawn is the

V3 V'PL TY iniy ")ri>> -iniN ON >3-) >3 >pi> ->ÇN

ίου ngiprn >3r»l ÎW Jinnv? V?

ηρ I?1?!?? Njin rn -»©Ν .γηψ π^τη oi»n nw iisp^a ìn^iì tyl m>?N HÏ HV* -P957 V"V?N pa? Ηϊη aa iy ηκ paa ÎO>Ç nvi

,i>iy>7 NJjvv TV

Rebbi Yose bar Abun said: If you say to give the thickness of the sky54 to the night both in the evening and in the morning then you must say that day and night are not of equal length; but we have stated: On the days of the vernal and autumnal equinoxes, day and night have equal length. Rebbi Huna55 said: We may learn from the ways of the world since if the king leaves [his palace] one already states that he left before he left but when he returns one does not say that he did return until he actually entered [the palace].

54 The "thickness of the sky" is 55 A Babylonian who in most other twilight, the time that the sun is no tractates of the Yerushalmi appears as longer seen over the earth before it has Rebbi Huna (πηπ ,κιιπ 'ai), a student of disappeared behind the gates of Rav Yosef in Babylonia, who emigrated that are closed for the night. to Israel. His argument is from popular

R. Yose bar Abun argues that if usage, that as the king is said to be twilight is treated the same way for leaving before he left, so the sun is dawn and dusk then at the equinox the said to be setting although three stars days are not evenly split between day can still be seen; but the king is not and night. Since it is accepted that at reported to have returned until he the equinox day and night are equal it actually did. Hence, day cannot end follows that any part of twilight given before the sun has disappeared beyond to the night at dusk must be given to the heavenly gates and three stars are the day at dawn. visible. [The Babylonian Talmud 62 CHAPTER ONE

(Pesahim 53b) is strictly of the opinion of equal length.] that the twilights of dawn and dusk are lin>p "η η> '-> mioN inip .v^n W τιίιψη> -jny ipw rrç

o>?nb? n^Ni ^nç .o>inb3 ίον "in") opNlpo? το

1NJ31 m is? V?!?n>? Viiy» ïy Jii^o?

-15 twnvp "1 ov^? -13 ίουη -ι oîp>rn D'DN>O? -10N7

.Njo^i? yo τη imp njç» vsnaî? irfr ")>n o>?N>»n noto

He who prepares to pray must equalize his feet56. Two Amoraim,

Rebbi Levi57 and Rebbi Simon58; one of them says like angels59 and one of them says like priests. He who says like priests, (Ex. 20:26): "You shall not ascend my alter by stairs;" that means that they were walking with their heel next to the great toe and great toe next to the heel. He who says like angels (Ez. 1:7)" "Their feet were a straight foot." Rebbi Hanina bar Andrei in the name of R. Samuel ben Sotar60: angels have no moving joints. What is the reason? (Dan. 7:16) "I approached one of those standing," the fixed ones61.

56 The Babli (Berakhot 10b) brings would look like one foot, from the only the opinion that in praying the verse quoted: "their feet were one "Amidah prayer one has to equalize straight foot." However, Sefer one's feet like the angels; and this is Haëshkol (part 1, p. 17) quotes an the name of R. Yose bar Hanina in the opinion, possibly of Rav , that name of R. Eliezer ben Jacob. the heels should be together but the 57 A preacher in the Academy of R. toes separated to form a semicircle Yohanan. since the verse quoted from Ezechiel 58 An older preacher, R. Simon ben continues "the sole of their feet was Pazi, student of R. ben Levi. like the foot sole of a calf." 59 It is usually explained that this 60 Rebbi Hanina bar Andrei seems to means that both legs have to be have been a contemporary of R. Levi parallel and together so that they and R. Yose bar Hanina; he is HALAKHAH1 mentioned only two times in Talmudic those standing n'sxp," the fixed ones literature. R. Samuel bar Sotar seems K'n"p. It also says (Is. 6:2): "Seraphim to be identical with R. Samuel bar are standing over Him;" (2Chr. 18:18): Sosarta, another contemporary of the "All the hosts of Heaven were preceding. The entire discussion in the standing," and here it says "when they Yerushalmi is between sages of the are standing"; this is astonishing. What same generation. really means "when they are standing" ( 61 In Midrash rabba 65(17), Disss), it means "the people come, the lexical note is attributed to the silence" (oí ny xa), i.e., when Israel are slightly older authority R. Reuben: saying "Hear o Israel" the angels are Rebbi Reuben said: It is written (Ez. silent and then their wings drop. 1:25) "When they were standing their Midrash Bereshit rabba is an old wings became limp." Is there any Yerushalmi source and one may sitting in heaven (that standing should speculate that the Midrash precedes be remarkable)? Does not R. Samuel the editing of the Talmud; otherwise it say: there is no sitting in heaven since would be incomprehensible why a it says (Ez. 1:7) "their feet were a statement on the Amidah prayer straight foot." They have no moving intrudes on the discussion of the rules joints: (Dan. 7:16) "I approached one of of Shema'.

tp-u romo riD-pn ηρ^π nus Dorpn TIN rrç Nìin >3-1 ->ON

UN ioni rpwtova .vniîtïo *> JIN ÌD-O nova .VDN^O •>·> JIN ID-Q -»nit? ? :ιτ τ τ s τ :ιτ τ· : · » τ : - ? :ιτ

τι^ι ì:m mn ni^nn -into rjns 7Ui\wa ro*m ipìoa .vtyvo-^ *

.νπρ ο?>*τ> rwyà .ntotoi •>·> τπα onpiyn * *

.ΝΓΙΝ^η? ΝΓΙ>>?7(?? Ν3ΊΝ>>Γ1 ΊΠΠ V3-|N 1>Π ON IVìfO *

Rebbi Huna said: He who sees the priests in the synagogue, at the first blessing he must say (Ρ s. 103:20) "praise the Lord, His messengers." At the second blessing (v. 21) "praise the Lord all His hosts." At the third blessing (v. 22) "praise the Lord all His creatures." At Musaf at the first blessing he must say (Ρ s. 134:1) "A song of ascent. Praise the Lord all servants of the Lord, who are standing in the Lord's House in the nights." 64 CHAPTER ONE

At the second blessing (v. 2) "lift your hands in holiness." At the third blessing (v. 3) "May the Lord bless you from Zion." When there are four blessings then for the third he repeats the first, for the fourth the second62.

62 Since the is Babli (Sota 39b) gives separate verses regular part of the morning Amidah, also for days of three and four the instruction on how to behave blessings and rejects the last selection during the blessing is added here. The of the Yerushalmi.

7|>n>? o"TN rn^n -ύϊοψ ly -irrçin Nwn >?-»

TV mjpn -ήΝίψρ popi η»ηη νηφ *τν nidori -ΐίΝ>ψη

ïy vypv'D i'nDi ."m n^ ιη^π in?ì α>τρ7 ^t? iiüiin nçnri ^πψ

>3"! -içn .ynn -mi> >>? ru>a*w DÍ*TÜ pi rnyi* ni oibi ^"wn

*TJ? ηηφη pjpì .rj-vjn ori^a!? -n¡?)? ΓΡΠ î|N>çn

.nrrurte n£>» ios nva-jx

Rebbi Hinnena63 said: From the appearance of the "morning hind64" until the first rays of light in the East a man can walk four mil65. From the first rays of light in the East until sunrise four mil66. From where do we know that from the first rays of light in the East until sunrise there are four mil? Since it is written (Gen. 19:15) "about when the morning came etc.67" And it is written (v. 23) "the sun rose over the land and Lot arrived at Zoär." From Sodom to Zoär there are four mil. It is farther than that.68 Rebbi Zeira said: the angel was flattening69 the road before them. And from where do we know that from the appearance of "the morning hind" until the first rays of light at the East there are four mill "About when", "when", compares one thing to another70.

63 The prints and the Leyden reading chosen is that of the Rome manuscript have Ίϊπ 'τ, referring to an manuscript. The bearer of that name otherwise unknown scholar. The was a Galilean Amora of the third HALAKHAH 1 generation. Hence, in Mishnaic times the location 64 This Biblical allusion (Psalm 22) of Zoar was still known. In the Babli denotes the zodiacal light; see the next (Pesahim 93b), Rebbi Hanina testifies section. that he checked out the distance and

65 For the determination of the time found it to be five mil. The Babli finds implied by the distance, see the that the time of an average person paragraph after the next. walking five mil is too long for dawn 66 This statement is found also in the but he does not try to harmonize the Babylonian Talmud (Pesahim 94a), interpretation of the verses with the there one speaks of mwn niVv, "the current observations of twilight. coming up of the morning", mwn nV"K 69 The verb προ is used in tractate is not a technical term used in the in the technical sense of Babli. "levelling" by surveyors who for exact 67 The verse describes the time measurements use only yardsticks that when the angels pushed Lot to leave are exactly horizontal. R. Zeira wants Sodom. to say that they walked only absolutely 68 In absence of a reliable tradition flat roads where the usual speed is about the locations of Zoar and Sodom, higher. it is difficult to know the real 70 One can apply the principle of distances. In the documents found with mw πίτα, that in general a certain the Bar Kochba letters in the desert of expression has the same meaning in all , a locality Zoar is mentioned. contexts.

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V">3p "ρτ? íOTQN>P NJOIPP N'ÌTJ

>3-η Nan Ν>>η >3Ί .innjjpì Nni>7E y? Vî?>tn N*ìinrr l^ipi

woi Nniinì?? în-iN nypo Ν*ΤΓ)3 wn Nnp^n 13 pvpw

>3-p3 ")3 pvpw nii ν»π rn .rniN yj?3\y -»ηψη ran Ν>η η?>ίπ Ν>ηψ nn^D πκρρ ΠΝ>ρρ n^ru^ ϊψ ιπ'ρκι wn

ïï? ίπν"! own nw vm>n ni* lian nj??! ΙΠΝ") "ϊϋΨ?

.ηηργη πίιν rm>n ο>τ>绣 η? ΊΠΝΊ 66 CHAPTER ONE

Rebbi Yose bar Abun said: Anybody who identifies the "morning hind" with the planet Venus is in error; that planet sometimes is too early and sometimes too late71. What is it? It is like two double horns of light that arise from the East and give light. Explanation72: The great Rebbi Hiyya and Rebbi Simeon ben Halaphta73 were walking in the valley of Arbela before morning and saw "the morning hind" that started radiating. The great Rebbi Hiyya said to Rebbi Simeon ben Halaphta, the great man: so will be the deliverance of Israel; it starts out very little and grows and longer as it goes on. What is the reason (Micha 7:8): "When I shall dwell in darkness, the Lord is my light." So also at the start (Esther 2:21): "Mordocai was sitting at the king's gate." After that (6:11): "Haman took the garment and the horse." After that (6.12): "Mordocai returned to the king's gate." After that (8:15): "Mordocai left the king's presence in royal garb." After that (8.16): "The had light and joy."

71 That means, sometimes Venus sets spelling KoVn is found.) Briill's still during the night and sometimes it explanation is more difficult to accept is still seen after sunrise. since substitutions of the liquids l,r for

72 This is the explanation of one another are extremely rare in

Frankel in his "Introduction to the Greek words coming into .

Yerushalmi", from Greek δήλωμα. Also, no action is reported here.

Levy in his dictionary refers to Greek 73 Rebbi is Rebbi

δίλημμα, which means only Hiyya, the student and colleague of

"proposition of two difficult Rebbi, the collector of the Tosephtah. alternatives." Brüll in his critique of Rebbi Simeon ben Halaphta is a

Levy's dictionary proposes Greek contemporary who like Rebbi Hiyya

δράμα "action". Frankel's choice is does not appear in the Mishnah (except difficult since both long vowels should for the aggadic very last Mishnah.) be expressed, K»iVn (In Midrashim, the HALAKHAH 1 SI

îtèî»? JPP") ty Γφ> >3-» ow3 >3117 rm> >31? njon >n*n

ιη,υύ ruanny IV .ova 'yn o>v?lí< l>r»p >3ú>a oin .my o>wpn

ty ί>3ίνψ "IOÍN J1N3)?? !?>» ΤφζηΗ ÎJOW ΓΟψ D>W»0 ^Pl?

NJY D>WON RJBNE V>P") TY ΟΓ):?Ί ,DÍ»3 RNYYN "ÎÇII$ V'PL

Jin ïy nwvn ovo πρι o'wnn rj^np oirrn viiyi >pNn ïy nuiy

sin «η .oirm >ia Jin ipn? i>ripi .n^nfl? lini l'rpi

.niijimnl?

The statement of Rebbi Hanina74 is parallel to that of Rebbi Yehudah

since it was stated in the name of Rebbi Yehudah: the thickness of the sky

is a walk of 50 years75. An average person walks 40 mil during a day76.

Until the sun breaks through in the sky it passes the distance of 50 years;

during that time a man can walk four mil. If follows that the thickness of

the sky is one tenth [of the path of the sun] in one day. And just as the

thickness of the sky is a walk of 50 years so the thickness of the earth

and that of the abyss is a walk of 50 years77. What is the reason? (Is.

40:22) "He Who thrones over the circle of the earth," and it is written

(Job 22:14): "He passes by the circle of the sky." And it is written (Prov.

8:27) "When He carved out a circle on the face of the abyss." "Circle" (JOT)

always has the same meaning.

74 Here the argument returns to the is quoted only as saying that the prior statement of R. Hanina, that the thickness of the sky, the distance the twilight at dawn is the time to walk sun covers between the start and the four mil. In the Leyden ms. and the end of dawn, is one-tenth of the entire prints, the reference here is to R. day (from beginning of dawn to end of Hiyya; the correct reading is in the dusk). In the next section and in the Rome ms. and the commentary of R. parallel Bereshit rabba 6(9), it is Eleazar Askari. asserted that the entire sky represents 75 In the parallel version of this a distance of 500 years and that argument in the Babli, Rebbi Yehudah between each sky and the next there is 6£ CHAPTER ONE a distance measured by S00 years. It is Babli Pesahim 94a, Rava quotes a not clear how the "distance of 500 tradition that the circumference of the years" is meant to be computed. earth is 6000 parasangs or 24Ό00 mil. 76 A mil is 2000 . Therefore, It is not clear at which latitude this the exact length of a mil depends on length is computed. Based on a Greek the length of a . Based on a παρασάγγης of 5.523 km, the com- length of 55 cm for a cubit, the mil puted 33Ό78 km would fit well with would be 1100 meters. The Roman the circumference of the earth at about mile was 1473.2 m. A mil of 1100 m the latitude of Jerusalem or Southern would give a daily trip of 27.34 English Babylonia. The corresponding mil miles. Determination of the mil by would be 1380 m. modern Rabbinic authorities vary from 77 The abyss being below the mantle 960m (Rav Naeh) to 1152m (Hazon Ish) of Earth. and 1296m (Hatam Sopher). In the

«1ÌO ^T? Γφ> >3"» DON ,ΓΟψ J1ÌNO ΨΟΠ O"0 ^ >3ΓΙ niçn vnorin Jvyjioa >p .irrp .iato -α·}

ΐζΟΊ o^wwiP ΤΠΝ ο»»ο "XV >3τι .o?n >ΐ>3 ϊν >(VP n>n"j OÜ^ d?*îî»p wis rpiHpn .rmw ipnri rpiHpri ."|în γιν πίρψπ> i7vn n*V

.Tivi o>)y yay π^ίΐο WD·) .oV o>ya-¡N o?1¥>? nM^pj .nriw

Oypl Λ1ΝΠ ty 'O'? D>3WN-)n J1Í3N V"V?N tiíno wnr) -^ipn w^b ü^l l>a imo won q^rjo ^ΊΝΓΙ

îtëoç ϋ'ΡΙ ïy irjiy -in>o n>nn n»i .my imp wnç îtèïW? v^iV"! roy an .rjiíia ϋ>ρι >ιη .o^nn nina pp*i >η> va 'an -mon niNn won ptn> yp-j ion an .wipi ν^ΝΊπ ova vn ovó -im na i? (TTV >a*i -içn .^>pnn rmn> .V'Pin "to? ^Pin vy-ιρ? .pp-jn

."m amn >n? ìvpl»ì ION J^NI nip .pp")n n>>v?n VP?

Is has been stated: The Tree of Life is wide a parcourse of 500 years.

Rebbi Yehudah ben Rebbi Hai78 said: not only its crown but even its stem. HALAKHAH1 m

All the splitting of primeval waters splits under it since (Ρ s. 1:3) "He shall be like a tree planted on split waters79." It has been stated: The Tree of Life is one sixtieth of the Garden. (Gen. 2:10) "And a river originated in Eden to irrigate the Garden." The remainder of a kur is a triple qab, a sixtieth80. The remainder of Africa is Egypt, a sixtieth. We find that it is said that Egypt can be traversed in 40 days81. Black Africa can be traversed in slightly more than seven years82. But the teachers say [the sky is determined] by the days of the patriarchs (Deut. 11:21) "like the days of the sky over the earth."83 And just as the sky over the earth is at a distance of a way of 500 years so between one sky and the next is a way of 500 years and its thickness is a way of 500 years. Why did you see fit to say the thickness of the sky is a way of 500 years?84 Rebbi Abun said85 (Gen. 1:6): "There shall exist a spread-sky within the water." The spread-sky shall be in the middle. Rav said: the sky was wet on the first day and jelled on the second day. Rav said: "There shall exist a spread-sky": the sky shall strengthen, the sky shall jell, the sky shall solidify, the sky shall be spread. Rebbi Yehudah ben Pazi said: The sky (»'¡y"1) shall be made like a piece of cloth, just as it is said (Ex. 39:3) "They stretched (w¡vm) out the gold sheets."

78 He is Rebbi Yehudah quoted in vessels used for a kur of grain one can both Talmudim without his father's still irrigate three qab. (A kur is 180 name. qab.)

79 Taken as an allusion to paradise. 81 Egypt is defined as the country

It is clear from the text that the between the Mediterranean and Aswan

Garden of Eden and the Tree of Life (Syene). The distance was determined are not earthly creations. by the Alexandrian astronomer Era-

80 From here on there is a parallel in tosthenes to be approximately 5000

Babli Taänit 10a. Rashi explains there stadia. The length of the Greek that with what remains in watering Stadion is no better defined than the m CHAPTER ONE

Jewish mil. The distance is in the order 84 I.e., to take the part of R. Yehudah of magnitude of 1000 km or about 650 against the anonymous Sages who had miles. earlier defined the thickness of the sky 82 All commentators are at a loss as the equivalent of 50 years. The here since it should say "slightly less question remains unanswered. than seven years" (2400 days) but there 85 This section is given in greater is no manuscript evidence for such a detail in Bereshit rabba 4(1). There we reading. read: "The rabbis say in the names of R. 83 The full verse reads: "that your Hanina, R. Pinhas, R. Jacob bar Abun, days and the days of your descendants in the name of R. Shemuel bar Nahman: should increase on the Land that the When the Holy One, praise to Him, Eternal had sworn to your forefathers said: 'there should be a spread', the to give to them, like the days of the middle drop jelled and separated upper sky over the earth." The days of the and lower waters." After that the forefathers were 175 years for Abra- opinion of Rav is quoted. ham, 180 for Isaac, and 147 for Jacob, The opinion of R. Yehudah ben Pazi together 502 years. The time when is given there by R. Yehudah bar Simon Abraham recognized God as the (the full name is R. Yehudah ben R. Creator is a matter of controversy in Simon ben Pazi where either "ben Pazi" midrashic sources; our source here is a family name or Pazi is one of R. seems to side with the opinion that Hiyya's twin daughters, Pazi and Abraham recognized the futility of idol Martha). So possibly R. Abun here is worship at age 3; then his years as the the father of R. Jacob bar Abun in the Lord's servant were 173 and the sum is second generation of Amoraïm and not 500. the late R. Abun.

>N-p o'vttri o>pny!? i»y ^ρητ» N3>?n >3i νπν >2-> -i&nt

-»oto no!pri VNn? .00? lV^u ΙΠψ TOty JPPTS

1>N-)i nyvì η^ψ'^ι >N-p into Ίίφη v?"}^ im» .o>p$r> xpptfin

It has been stated in the name of Rebbi Joshua86: the thickness of the sky is two fingers wide. The words of Rebbi Hanina87 disagree, as Rebbi HALAKHAH 1 71

Aha said in the name of Rebbi Hanina (Job 37:18) "Go to spread the skies

with Him; they are strong like a cast mirror." "Go to spread", that shows

that they are made like sheet metal. I could think that they are not sturdy

but the verse says "strong". I could think that they might weaken88, the

verse says "like a cast mirror;" at every moment they appear recast.

86 Rebbi Joshua ben Hananiah, one by late Amoraïm. of the two foremost students of Rabban 87 Even though his words are , of the first reported by Rebbi Aha of the fourth generation after the destruction of the generation of Amorai'm, R. Hanina here . He is known for his is R. Hanina bar Hama of the first cosmological opinion, explained in the generation. The verse from Job is first chapters of Seder Olam, that the ambiguous as are most verses of that world was created in Nisan. Here he book. The verb vpin is usually taken disagrees with the opinion of the later to mean "to reach the sky"; here it is rabbis, discussed up to now, that the taken in the sense "to work metal into width of the sky is a parcourse of thin sheets" indicated in the previous several years. In the Babylonian section by R. Yehudah ben Pazi.

Talmud 15a, R. Joshua seems 88 At some time in the future. The to oppose the opinion of Simeon ben Targum to Job translates "mirror of Zoma who defines the spread between refined metal". The implication here the lower (terrestrian) and the upper seems to be from the passive participle (heavenly) waters to be three digits; pxin "being cast" (or "refined") in a smaller measures there are only given timeless manner.

CHN (fol. 2d) ION ·)3ην >3-) ,ύψϊ ÌÌV)?W >3*y! ·)3πν a>rpì οηηρη ion tn? .na*) mrrçi >·ρ ìy t?niN nrito

>·ρ 0>>? ÎJÇi) O-JN 1ÇN 12 ήν»?^ D>P\n

ηνψ? 1>ΝΊ3 in nyvì ny^'toa .ρ^ο >Ν*ρ NDn on? rmbo n^ç ηιηψ

>ρνΝΐη ο'οψη νιρϊ ι? ήνρψ >:η7 ^ ηηΐν >3-» .·|ΓΙΪ?>3>

Π)0 .ψη^Ό OV ΠΝ CPÎI^Nl Λν^νη Oi»3 Î7D»!

oí?? ον ηϊη .τη ì>3V no p"! ró-r^ìn π^ν nnrii 72 CHAPTER ONE

03D3 .NSV Υφηΐ OID) VHÎn Γύψ") ,N2ÍÍ> οίη D>n>hf * nwy oi>? ΟΝ-Ι3Π1 "ΌΝη-) ο>»ψη rm>ta τα&ν

VW Rebbi Yohanan and Rebbi Simeon ben Laqish89. Rebbi Yohanan said: Usually when someone stretches the ropes of a tent, in time the ropes will loosen. But here (Is. 40:22) "He stretched them like a tent to sit in," and it said (Job 37:18): "they are strong." Rebbi Simeon ben Laqish said: "Usually if someone casts a vessel, in time it will rust. But here "like a cast mirror," all the time they look like newly cast. Rebbi Azariah90 comments on the remark of Rebbi Simeon ben Laqish (Gen. 2:1-3) "The sky and the earth and all their hosts were completed. God finished on the Seventh Day ... and God blessed the Seventh Day." What is written after that? (Gen. 2:4) "These are the generations of the skies." What has one to do with the other? Only that a day comes and goes, a week comes and goes, a month comes and goes, a year comes and goes91. And it is written (Gen. 2:4) "These are the generations of the skies and the earth when they were created, on the day that the Eternal, God, created earth and heaven."

89 The brother-in-law and, according including sky and earth. His statement to Babylonian tradition, student of R. here seems to say that the generations Yohanan. They both elaborate on the of the sky are the astronomical periods verse from Job treated by R. Yohanan's and that nevertheless everything is as teacher R. Hanina. on the day when sky and earth were

90 One of the teachers of the fifth created. generation of Galilean Amoraüm. In 91 The use of masculine forms for Bereshit rabba 12, R. Azariah explicitly both masculine and feminine is not objects to the opinion that everything uncommon in the Yerushalmi. that has generations will wilt and die, HALAKHAH 1 71

•τη* D3ÌV9 ninay** 1>31ί

τηκ vnn .rmy!? rijia-jNi onyy?? πνη ,nyv> n^-iNi ony/^o

ia>ö 0^3 n>;na >3-) .νηη Nin n>a? .riy'? nv3"|i

Nian ηψίρρο *ΤΠΝ vnn twìoyj >?ri .·)?*> T)0? V"!>?N 1531) iipw!? witrç» iioiN >3-1 .nyv> Γφαψι D>V31Í<1 ïiîno njinw o>£fc>f nywi

.r»iD>nn minvmn νιο τ · - -.· : - τ

Rebbi92 said: There are four watches during daytime and four at nighttime. The period is one twenty-fourth of an hour. The time is one twenty-fourth of a period. The moment is one twenty-fourth of a time.

How much is a moment? Rebbi Berekhiah in the name of Rebbi Helbo said: as long as one needs to pronounce it. The Sages say the moment is like the blink of an eyelash. Samuel did formulate: the moment is one in

56,848 of an hour93. Rebbi Nathan said three: (Jud. 7:19) "at the start of the middle watch."

92 Since Rebbi Eliezer in the practice. Rebbi Nathan, a Mishnah had defined the time of the contemporary of Rebbi known as "the recital of Shema' as the first watch in Babylonian", follows a Babylonian the night, the discussion of the Mishnah tradition that also seems to have been now turns to the legal determination of the old Israelite practice since the the length of a nightwatch. The text verse from Judges speaks of one here is composed of two sources. The "middle watch" which is possible only statement about the number of watches if there are an odd number of watches in a night according to Rebbi and in the night. According to Rebbi, a Rebbi Nathan is a Tosephta (Berakhot watch is three hours and it has been 1:1). This Tosephta also has the noted that R. Joshua, who allows division of the hour and its subdivisions Shema' to be recited during the first by 24 parts each. This seems to belong three hours of daylight, follows Rebbi to Rebbi's statement since this in the division of the day subdivision and the division of the 93 Of this part there exist three night (and possibly the day) is Roman Yerushalmi sources [the Talmud here. 74 CHAPTER ONE

M idrasti Ekha r abbati on Threni 2:19. scribal errors) are close to Samuel's Midrash Samuel 3(1)], all of which number. One may, therefore, assume have an identical text and the def- that the original number in all Talmud inition of the number of moments in an texts was 56848. hour by Rebbi as 243= 13824, by In the Babylonian Talmud, the Samuel as 56848, and by others either number given is from an anonymous as the time needed to say the word or Tannaïtic source which also adds: as the blinking of an eye. In Baby- "Nobody can determine the moment lonian sources (Berakhot 7a, Abodah exactly; only Bileam the sorcerer could zarah 4a) the numbers are quoted do that." In Antiquity (and the Middle anonymously and are given as 58888 Ages), all astronomical computations (printed editions), 56880 (Munich were done in the technique of the old manuscript), 56800 (Koronel manu- Babylonians, in a number system based script) in Berakhot and 53848 (printed on subdivisions by 60. In general, editions), 56884 (R. Hananel), 56888 divisions were executed only for (Munich ms.) in Abodah zarah. In Sefer numbers that have an easy reciprocal Agadot H at almud the reading is 5845. in the sexagesimal system, i.e., they are The opinion that a moment is the composed by factors of 60 (2, 3, 5, and length of time needed to pronounce the their multiples). Instead of dividing, word is attributed in the Babli to Rebbi people looked up the reciprocai in a Abin (who might be identical with table and then multiplied. Samuel is Rabin, a Galilean authority who the astronomer of most authority in the escaped persecution by an emperor and Talmud. Hence, it is reasonable to became an authority in Babylonia.) assume that his number, which is not Only the numbers given in the Yeru- invertible by the Babylonian method, is shalmi tradition are composites of a good example that "nobody can simple numbers; Samuel's number is 16 exactly determine the moment" because XI1X17X19, whereas the Babylonian 1/56848 is an infinite sexagesimal numbers have no decomposition into fraction. Hence, the comment of the small factors. Now most of the Tanna, that "nobody can determine the numbers in the Babylonian sources moment exactly," is implied in the (who have beeen copied and edited number of Samuel and the Babylonian much more than the Yerushalmi and, text is a derivative of the Yerushalmi therefore, are more likely to contain text here. HALAKHAH 1 21

οίρκ rfr»^ ntaq '3-1-7 rpoyo wpï 13 T»V>?Y> »31 »on »311 lp»i^ un

->©N n»ptn >3-1 .TmoyjN »)»y 107p I>TI?Ì »\?£>v>p t> Jivrin>

IK® n'pyo -»on njnn-) >317 n»py\? -ion τη Na »31 ιρ'ΐΐ '3i

ηιίοψκη inî »317 n»py\? ">P7 inçi .n^ nisq >3-17 'py\? iirr

.rù^ rmn o'py? nisq >317 n»ny\? inj '3i o»»pp 10 .nji3>rin mivp "Wis τπ n»ny ny^? ™ 'N3 un .Jii-im>N »3»y 107p o»py?i

.jmnyw »3»y 107p iosy rmyp -Tyic n»m> n^V?1 rniy DON "ΤΝΤΨ NID .η'07 *M> Η?ΨΡΙ N>Î)N NJTIN niq N^ OPN'^SN

,'N-|37 nnp'N »nip in np> -i»yjiN .-ιηψ nyyN niap-j :733η rmy nia?

N5>)n NW ,-ιηψ rvvyN nnp»N 07p in Dit?? 3>yin n"? >ip»N

IN ^ "»oiN"! INOPP RPM .'> -niyp ΝΙΠ tö ΝΊΟΨ .nyw -niyp ty "|3*ì7 .-»ηψ nyyN ->pn JW") ."niiyp "ΐηψπ ni»p> isni

-IOÌN NÌD) .oipN rù^ riten ->pΝ TIN-) .riiyy ly ·)»?#? o»?!?p

'3i DW? on?»? »31 .nv>iy *m n»n nçi .qpi* »y>?yn !?y

0^3 lîopi »sns -Tpiy) vjiwniö i3jpi3") -ώ?-) ïvi) η»π onip poiy τη ON noi mrin nun i»n noi .rnin »i»3Q iypv>?y

VJIISIIM 7J33 »TON Η»Π »TO »3*1 ION .DODI DÖS ΠΠΝ I?Y UN MINI τ 77: τ ττ -τ τ - ; τ- - - * τ τ · .ì'b'NO 13130 TVm Ì3 11333301 n!7»Ì>3 JUVÓO Ι1»3Ί33 mi Π»Π1 "ΤVT τ ·······- j τ τ : ν ν : · : τ : - - 7 7": : - τ τ : · τ τ

OWpn Ν^Ν IN? 3W1D Ì»N .·)»ρη 1Î33 Π'ΓΙ) 3'T1?7 Ninn

,ν^'ΝΟ iwp π»η

Rebbi Zeriqan and Rebbi Ammi94 in the name of Rebbi Simeon ben

Laqish: The reason of Rebbi is (Ρ s. 119:62): "At midnight I up to thank You for Your just ." And it is written (Ps. 119:148): "My eyes preceded night watches." Rebbi Hizqiah said: Rebbi Zeriqan and Rebbi

Abba, one explained the reason of Rebbi, the other the reason of Rebbi

Nathan. He who explained the reason of Rebbi: "at midnight". He who explained the reason of Rebbi Nathan (Jud. 7:19): "at the start of the middle watch."95 How does Rebbi Nathan uphold the basis of Rebbi's 76 CHAPTER ONE reason, "at midnight"? Sometimes "at midnight," sometimes "my eyes preceded night watches." How is that? When David had a state dinner, "at midnight." When he ate by himself, "my eyes preceded night watches." In no case did dawn come and found David asleep. That is what David said (Ps. 57:9): "Wake up, my honor, wake up, o harp and lute, I shall awake dawn." My honor has to be awake because of the honor of my Creator. My honor counts for nothing before the honor of my Creator. I shall awake dawn, dawn will not awake me. His instinct was trying to seduce him and told him: David, usually dawn awakes kings and you say "I shall awake dawn!" Usually kings sleep until three hours into the day and you say "at midnight I get up!" But he answers, "for Your just laws." What did David do? Rebbi Phineas in the name of Rebbi Eleazar ben Rebbi Menahem96: He took a harp, put it on his headboard, got up at midnight and started playing on it so that his companions in the study of Torah should hear it. What were his companions in the study of Torah saying? When king David studies Torah, certainly we have to do it also! Rebbi Levi97 said: a lute was hanging in David's window and in the night the North wind was blowing and moving it and it was playing by itself. This refers to what is written (2Kings 3:15): "It happened when the musical instrument was playing." It does not say "when he played on the musical instrument" but "when the instrument was playing"; it was playing by itself.

94 Rebbi Ammi (or Immi) was the follows: King David declares that he is successor of Rebbi Yohanan as head of used to get up at midnight and also that the academy of Tiberias. Rebbi he gets up at the start of some night Zeriqan was another student of Rebbi watch. But if midnight is the start of a Yohanan. Their argument goes as watch then the number of watches has HALAKHAH1 77 to be even. [The parallel in the Babli 97 The preacher in the academy of (Berakhot 3b) is a shortened version of R. Yohanan. A shortened version, the Yerushalmi (in particular, in the without the reference to the story of Ashkenazic manuscript tradition.)] Elisha, is a Babylonian tradition, by 95 See the preceding paragraph. contemporary Babylonian teachers, in 96 Rebbi Eleazar ben Rebbi Mena- Babli Berakhot 3b. The verse quoted hem was an Aggadist of the generation talks about the prophetic extasy of of Rebbi Ammi; Rebbi Phineas belongs Elisha before king Jehoshaphat. R. to the following generation. A parallel Elazar Azkari explains that the verse Babylonian tradition is given in Babli from Kings can be taken to be parallel Berakhot 4a. The Yerushalmi version to 57:9 since in the latter verse is also found in Pesiqta dRav Kahana, the harp is also adressed directly, as a nWn '*na 13 and in Midrash living being. Tehillim 119.

Ν31Π >31 Ί0Ν .rUÌD>Jin ϊηίϋψΝΠ WÏO >3*Π ΝΙΟ^Ο 0»j?)p ΠΙΟ

Ν3>ρ >3-ι ΙΟΝ .π^η n* nìD^rip in n>yp>y> ϊψ ηψιόι ΓΡ3ψ naw lit? -TV1 Ν3ψΓ)Γ1)3 Nb NTPpij? Π3ί3>31 nÍJÍ3>n 3>T1D >0 .nÌN>"!

How does Rebbi uphold the basis of Rebbi Nathan's reason, "at the start of the middle watch"?98 Rebbi Huna said: the end of the second and the start of the third split the night into two. Rebbi Mana said: Is this true?

Does it say "watches"? No, it says "watch"! The first watch does not count since there the creatures are still awake.

98 This is the logical end of the Rebbi. Both Rebbi Huna and Rebbi previous discussion that was inter- Mana belong to the fourth generation rupted by the aggadic interpretations of Galilean Amorai'm, rather later than of the verses sustaining the opinion of the authors of the previous section. 78 CHAPTER ONE

,D>0Dr)3 nD^n uni» >3-1 0^3 no» >31 .ritan "ry onpiN o>»?oi κροβ vovp n>>-¡(? iiriN κπηίΝ^ Ν^τρ^ο ym^ y>H ipsia ηό·> mT)3N n>ri>>>? D>)?Dri5 riD^r)^ πίρν n>ri>>o .vptpìWni Jitan ofip -ιηψ? τιν??η Ji>3? vm JII* íoipn >ari .3>s>·) Jipïf nnht Dnyj -ι^Νψ

V3 noi .nnn^i? ίοίρη pn nn .iniin h> h"? n^vi .iriiin vp Hy>r Jli-»i?> "J1"!* D"|N DVO nn ipi> 3*1 oy¿3 Ν31Π >3") N~ópd

-»oín γηψ nn»3N n>ri>>n ."ppnçri nt< nn?n> ^>3^3 n-iya inm νοψ

.ρ *ì3 twiny »3*vt n>ri!p>»p nçN ιηΝ οηχι

3>31 >3î Î73î?o nin n*yo>y> n>w mn *T3 >?»P3 -»3

Ti? Hi?! lini 'IR nir) rpn ìoyoy>o nini

>i»n N3ifl>>ori >3-11 Νηκ >3*·» Nnyo >NÇI .ΓΡΓΙΡΥ) 15 η>3>» νρψ Nini

D33?yi)p ìy Dp33!?3 ηρκ WOOT ^N) 1903 -»3 ^Wny '3"! 0^3 .rùv i»i7i New Section." "But the sages say until midnight." Rebbi Yasa100 in the name of Rebbi Yohanan: Practice follows the Sages. Rebbi Yasa commanded his colleagues: if you want to study Torah then you should recite the Shema' before midnight and then study101. His words imply that the practice follows the Sages. His words imply that one may speak after Emet Weyaziv102. It was stated: He who reads the Shema' in the synagogue during the morning service has fulfilled his duty; during the evening service he did not fulfill his duty103. What is the difference between him who reads in the morning and him who reads in the evening?104 Rebbi Huna in the name of Rav Joseph:105 Why did they say, a man has to read the Shema' in his house in the evening? In order to make evil spirits flee. His words imply that one may not speak after Emet Weyaziv. The words of Rebbi Samuel ben Nahmani say the same. When R. Samuel ben Nahmani descended for the intercalation106, he was received by Rebbi Jacob the groats miller. Rebbi Zeira was hiding among HALAKHAH 1 79 the crates to hear how he read [the Shema']·, he read it over and over again until he drifted away in sleep. What is the reason? Rebbi Aha and his father-in-law Rebbi Tahlifa in the name of Rebbi Samuel bar Nahmani

(Ps. 4:5): "Tremble, do not sin, talk in your hearts on your couches and be silent, Selah."107

99 Quote from the next part of the the night. It is stated in Mishnah Mishnah that is going to be discussed. Sabbat 1:2 that one interrupts every- 100 Rebbi Yasa in the Yerushalmi is thing he is doing to recite Shema' at its Assi in the Babli, the head of the proper time. Hence, wc may assume Academy at Tiberias after the death of that all these scholars did recite Shema' R. Yohanan. It seems that the in the synagogue. It was stated at the procedures which R. Yasa recom- start that one reads Shema' in the mended to his colleagues were not synagogue, when Minhu and Maäriv explicitly given by Rebbi Yohanan but services are held together while it is reflected the general tradition of the still before sundown, to stand in prayer Academy of Tiberias. In the Babli after studying words of Torah. [This (Berakhot 8b), Rav Yehudah says in the Israeli practice was followed by Ash- name of Samuel that practice follows kenazic Jewry, whose ritual basically Rabban Gamliël who allows the recital was Galilean, until the sixteenth of Shema' after midnight in emergency Century as can be seen from Rashi to cases. From the next "New Section" in the first Mishnah, Tur Orah Otayyim the Yerushalmi it is clear that this is 235 and the glosses of R. Moshe Isserls not the Israeli position; they forbid the Orah Otayyim 235. Bccause of the recitation of the Shema' after midnight. disapproval of the main commentators The opinion of Samuel represents of Shulhan Arukh, Magen Abraham and either the autochthonous Babylonian TaZ, the practice has disappeared in all practice or the teaching of the Ashkenazic congregations except those Academy of Nahardea founded by of the old German rite.] The question Hananiah ben Hananiah, the nephew of here is whether the recitation of Rebbi Joshua, at the time of the revolt Shema' after nightfall is needed in of Bar Kokhba. order to fulfill the obligation of Shema' 101 One talks here about studying in or whether it is needed to protect one's 80 CHAPTER ONE sleep from evil influences. In the first were recited in the synagogue and that, case, one recites Shema' as soon as therefore, they had to be recited at possible and then continues one's home and could be combined with normal activities; in the second case other prayers. It follows that "one may one may say Shema' only when one speak after S'Vi ηβκ" can mean that actually goes to sleep and then cannot one does not have to mention the say anything anymore before actually praise of God for the redemption of sleeping. Israel from Egypt immediately before 102 In the Babylonian ritual followed starting the Amidah prayer. This inter- today, the benediction after Shema' in pretation is given by several the morning is 3**ί nsK but in the commentators of the Yerushalmi, evening n»»xi nan ; in Israel the same foremost among them R. Eleazar version, 3,x,i nax, was recited morning Askari. However, since the obligation and evening. to "connect the redemption to the We find a disagreement between Amidah" in evening prayers is given in Rashi and his grandson Rabbenu Tam the name of R. Yohanan in the about the practice of praying Maäriv Babylonian Talmud (Berakhot 9b) it is immediately after Minhah, before difficult to state the opposite opinion sundown. According to Rashi on the here in the name of R. Yohanan. Mishnah, the practice of reciting the 103 This supports Rashi's opinion. Shema' is exclusively to start the However, Raviah, the foremost Ash- Amidah prayer after words of Torah. kenazic authority of the early thir- Hence, the only valid recitation is in teenth century, writes that "I have the night. According to Rabbenu Tam received in tradition from Rabbenu ( Berakhot 2a), the prayers are Tam that practice does not follow any held after plag haminhah, not more of these statements but R. Yehudah in than 1.25 variable hours before sun- Mishnah Berakhot 4:1." down, and according to an opinion of 104 This question has no answer in R. Yehudah mentioned later in the the text and seems to be a marginal Mishnah, both Amidah and Shema' are gloss copied into the text since the valid prayers. According to Rashi, it is quotes of this section in Raviah (#1, possible that the original of the vol. 1, p.5) and in Midrash Tehillim Jews in Israel did not imply that the (4[91) do not contain the sentence. benedictions before and after Shema' 105 Rebbi Huna is a younger Ga- HALAKHAH1 M lilean Amora and is not to be confused assembly of the leaders of the with Rav Huna, the student of Rav and generation at a place called Callirrhoe leader of the second generation of (Hamat Gader). Rebbi Zeïra probably Babylonian Amorai'm. Rav Joseph is was too young at that time to be the Babylonian (bar Hiyya), leader of invited to the procedings but came to the third generation in Babylonia. attend the gathering of the Sages, in Rebbi Huna often quotes Babylonian order to learn from their ways. authorities and, therefore, possibly was While in the Babylonian Talmud nm a Babylonian immigrant to Israel. means "to leave the Land of Israel", in 106 Rebbi Shemuël bar Nahmani (or the Yerushalmi it can mean simply "to Nahman) was a student of the early descend", in this case into the Jordan Israeli Amora Rebbi Jonathan and one valley from his residence in Lod. of the creators of the Midrash. The 107 This paragraph is the basis of declaration of the addition of a month Rema's notes in Shulhan Arukh Orah to the twelve month lunar year before H ay y im 239,1, as noted by the Gaon of the publication of the computed Wilna. calendar was always made by an

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,j>>?n Nìn TÌV însçi vip30 82 CHAPTER ONE

The behavior of Rebbi Joshua ben Levi108 disagrees since Rebbi read psalms afterwards. But have we not stated: One does not say words after Emet Weyazivl He explains that as relating to Emet

Weyaziv of the morning prayers109, since Rebbi Zeira said in the name of

Rav Abba bar Jeremiah110: There are three immediacies: immediately after leaning comes slaughtering111, immediately after hand-washing comes benediction112, immediately after redemption comes prayer113.

Immediately after leaning comes slaughtering: "He shall lean ... he shall slaughter" (Lev. l:4-5)114. Immediately after hand-washing comes benediction, (Ps. 134:2) "Lift your hands in holiness and bless the Lord.115"

Immediately after redemption comes prayer, (Ps. 19:15) "May the words of my mouth be for goodwill" and it is written after that (Ps. 20:2) "May the Lord answer you on the day of worry."116 Rebbi Yose ben Rebbi

Abun said: For anyone who immediately slaughters after leaning, no disqualification will appear regarding his sacrifice. For anyone who immediately pronounces the benediction after washing his hands, Satan will not find anything to accuse about at that meal. For anyone who immediately prays after mentioning redemption, Satan will not find anything to accuse him of the entire day117. Rebbi Zeira said, I am used to immediately pray after mentioning redemption and I was conscripted to forced labor, to bring myrrh to the Palace. They said to him: our teacher, that is an honor. There are people who pay money to see the inside of the

Palace. Rebbi Immi118 said: Anyone who does not immediately pray after mentioning redemption, whom is he to be likened to? To an acquaintance of the king who comes from afar to the king's door. When the king comes to see what he wants, he finds that the person left. Hence, the king also leaves. HALAKHAH 1 SI

108 One of the great sages of the (Berakhot 42a) in the name of Rav. first generation of Amorai'm. He lived 111 In the usual process of bringing a in the valley of Beth Shean (Demay sacrifice in the temple, the votary has 2:1). It follows that his way of reading to press with his hand on the head of the nightly Shema', which is the one the sacrifice before the slaughter. followed today, is the oldest. In the 112 It is clear from the following Babylonian Talmud (Berakhot 4b) he is that the meaning here is that im- only reported to have stated the duty mediately after washing one's hands, to read the Shema' before sleeping, while drying them, one has to pro- with the reason of R. Samuel ben nounce the appropriate benediction. Nahmani given by a Galilean Amora by [Possibly, it could mean that im- the name of R. Yose or R. Assi. The mediately after washing the hands one psalms read by R. Joshua ben Levi are has to pronounce the benediction over detailed in Babli Shevuöt 15b where it bread that starts the meal. The is noted that, while it is forbiddden to urgency of starting the meal directly use Biblical verses as charms in after washing one's hands is ascribed in healing, it is admissible to recite them Babli Berakhot 52b to I he School of for protection. ; this interpretation of the 109 Here it is obvious that "words Yerushalmi is implied by R. Aqiba after Emet Weyaziv" mean any in- Eiger in his notes to Babli Berakhot sertion between the benediction ^KJ 42a.] In the Babli, Berakhot 42a, the Vm»' and the Amidah prayer. It does same expression means that not follow that the expression must immediately after washing one's hands have the same meaning in the pre- after the meal one has to say Grace ceding section. and is not allowed to eat anymore. 110 R. Abba bar Jeremiah seems to 113 This means that immediately have been a Babylonian whose father after reciting the benediction: "Praise (or uncle) was a contemporary of Rav to You, o Lord, Who redeemed Israel," and who was the teacher of Rebbi one has to start the Amidah prayer. Zeïra (Rebbi Zera in the Babli) when This creates no problems in the the latter was still in Babylonia. The morning prayers but is impossible in parallel teaching is mentioned, in the the evening since after the benediction same wording but with a different (starting Emet Weëmunah or Emet meaning, in the Babylonian Talmud Weyaziv) there follows at least one 84 CHAPTER ONE more benediction and a Qaddish to in order to recall the entire sentence. separate the recital of Shema' and its The last sentence of Psalm 19 reads in benedictions, an unconditional obli- its entirety: "May the words of my gation at least from the institutions of mouth be for goodwill before You, o the Men of the , and Lord, my Rock and my Redeemer". The the Amidah prayer that in the night is next psalm, disregarding the title "For of conditional Rabbinical character. the director, a psalm of David," stans: When the principle "immediately after "May the Lord answer you on the day redemption comes prayer" was adopted of worry." Since psalms in ancient also for the evening prayers (see manuscripts were written without para- preceding section), the intermediate graph divisions, the description of God pieces were declared to be "extensions as redeemer and the mention of help of the thanksgiving for redemption." through prayer are consecutive.

The benediction immediately preceding 117 This third statement is quoted in the Qaddish was fixed by Babylonian the Babli (Berakhot 9b), in the name of Gaonim to be a benediction for future the holy congregation of Jerusalem, i.e., redemption. The Qaddish itself may be the Tanna R. Yose ben Hammeshullam. a Gaonic institution. To it is appended the story about Rebbi 114 Leaning and slaughtering are Zera (Zeïra)'s complaint, only there he two obligations of the votary given in had to bring myrrh to the king himself. two consecutive verses. (However, Since R. Zeïra was a Babylonian leaning must be performed by the immigrant to Israel, it is not clear votary himself but slaughtering can be whether his forced labor occured in delegated to a third party.) Babylonia, on the occasion of a visit of 115 Hands lifted in holiness are the Persian king, or in Galilee where washed hands. An allusion to this is he only had the opportunity to see the found in the benediction that does not interior of the governor's residence. read "to wash the hands" but "to lift the The language of the story in the hands." Yerushalmi points to its happening in

116 This derivation is a good Israel, while the language of the Babli example for the tendency of the points to the Persian empire. It cannot Talmud to assume that everybody be decided where the incident knows his Bible by heart and that it is happened. enough to quote the start of a sentence 118 In the Babylonian Talmud, he appears as Rebbi Ammi, colleague of his name usually is Immi. His simile is Rebbi Assi/Yasa. In the Yerushalmi, quoted by Rashi, Berakhot 4b.

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New Section. "Rabban Gamliel says until the first sign of dawn." The statement of Rabban Gamliel is parallel to that of Rebbi Simeon, as we have stated in the name of Rebbi Simeon119: "Sometimes a person reads the Shema' [twice], once before dawn and once at dawn, and has fulfilled his obligation for day and night." Hence Rabban Gamliel is like Rebbi Simeon for evening prayers, is he also like him in the morning? His position might be that expressed120 by Rebbi Zeira the Tanna121, the brother of Rav Hiyya bar Ashi122, and of Rav Abba bar Hana123: He who reads with the men of the Mishmar did not fulfill his duty because they were too early124.

119 He is Rebbi Simeon bar Yohay, up or that the first minutes of dawn are one of the students of R. Aqiba. In the counted as night becausc most people Babli (Berakhot 8b), the statement still are asleep. The statement in its occurs in two versions, either Babylonian form is also in the Tosephta "sometimes a person reads the Shema' (Berakhot 1:1); in general, our Tosephta twice during the night", or "sometimes seems to be a Babylonian version. The a person reads the Shema' twice during Yerushalmi version avoids the the day" and there they have to explain ambiguity but in parallel to the Babli that either the few minutes before the one has to assume that R. Simeon start of dawn are already counted as accepts that one may read Shema' twice day because some people already get within the span of a few minutes and 86 CHAPTER ONE fulfill two distinct obligations by the laymen accompanying them, the readings. Maämad], had to finish their prayers 120 The Aramaic/Hebrew im "3 before the start of service, i. e., before should be read as equivalent of the first sign of dawn. Babylonian: -i»»rc 'ΚΠ3. The Yerushalmi docs not try to 121 Meaning a person specializing in answer the question raised, whether the memorizing and recitation of Rabban Gamliel and Rebbi Simeon are tannai'tic statements in the amoraïc of the same opinion for morning period. A Tanna of the tannai'tic prayers, since it already had decided in period never has the title "Tanna". the preceding section that the practice

122 One of the foremost students of follows the Sages and, therefore, one Rav in Babylonia. may not recite the Shema' after 123 First cousin and colleague of midnight. Hence, the opinions of both Rav and student of their common uncle Rebbi Simeon and Rabban Gamliel are Rebbi Hiyya. Their statement, slightly of purely theoretical interest and no enlarged, appears as an anonymous answer is required. In the Babli, the baratta in the Babli 37b. It seems quote from Rebbi Simeon is given as a to be a Tosephta from the collection of support to their decision that practice the Academy of Rav. follows Rabban Gamliel. It seems to be 124 The Mishmar were the priests the position of the Yerushalmi that in who kept watch during the night at the Temple times practice followed Temple service. Since the Temple Rabban Gamliel in the Temple precinct service started at the first signs of and the Sages everywhere else. dawn, the men of the Mishmar [and the

•van ,νοψ rus ni i? ì*im ππψοη via nwpo -a r\vtm .nr»)?> ΟΓΙΝ ι>:ι»η -ιηψη "noy rùy ÍO on ιφ Mishnah 2: It happened that his (Rabban Gamliel's) sons returned from a wedding feast and told him: We did not recite the Shema'. He said to them: If dawn has not yet come then you are obligated to recite. HALAKHAH 2 31

"VKO νγϊ) .n>rn? invi ϊχ ·)ΐτ) :a ubi piai ^ Na>py >3-) Nni .ìwn? N*) pian ty >>>9

:n>np N*Ì?ìv T3V

Halakhah 2. Rabban Gamliel disagrees with the Sages and acts upon his opinion?125 Did not Rebbi Meïr disagree with the Sages and not act upon his opinion, did not Rebbi Aqiba disagree with the Sages and not act upon his opinion?

125 Since it is written (Ex. 23:2) "to remark. [The position of the Babli yield to the majority", a religious here is quite different: Since the action authority is not allowed to act upon his of Rabban Gamliel is mentioned in the personal opinion if it disagrees with Mishnah without a disapproving the majority. This principle is then remark, it follows that general practice illustrated by several examples. It follows Rabban Gamliel since the therefore is a big question why Rabban practice of a religious authority Gamliel's action is mentioned in the overrides theoretical arguments.] Mishnah without a disapproving

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.nan ^m '»f "»vpoo οηηΝύ So we find that Rebbi Meïr disagreed with the Sages and did not act upon his opinion. We have stated: One rubs olentia126 on a sick person on the Sabbath; but only if it was mixed with oil and wine bef ore Sabbath eve. But if he did not mix it before Sabbath eve it is forbidden. We have stated: Rebbi said: Rebbi Meïr did allow to mix wine and oil and to rub it onto a sick persion on Sabbath. When he fell sick, 88 CHAPTER ONE we wanted to prepare the same for him but he did not let us do it. We said to him: Our teacher, are you going to invalidate your words when your life is in danger? He said to us: even though I am lenient for others,

I am stringent for myself because my colleagues disagree with me.

126 Latin olentia "sweet smelling Sabbat 13 where it belongs to a things" (E. G.). There are at least two sequence of statements that one may kinds, one mixture used for medical not use edibles for medicinal purposes purposes, and one, mentioned in on the Sabbath except if used also as Halakhah 6:6, to be used as air food. For example, for a toothache it freshener in a house. The Babli is possible to rinse the tooth with (,Sabbat 140a) defines medical rrniibK vinegar on condition that the vinegar as a mixture of wine, oil, and then be swallowed; it is not admissible balsamum, used to reduce fever. [Brill to spit out the vinegar after use. derives the Hebrew word from Latin Hence, it is not allowed to mix wine (unguent um) oleamentum, an ointment and oil with balsamum on the Sabbath made with a base of . Jastrow since that would make it inedible. The (followed by Krauss, Low, and parallel quote in the Babli is Sabbat Lieberman) derives the word from 134a; the only difference in the texts is Greek οίνάνθη, οίνανθίς, Latin that the Babli and Tosephta have a oenanthe, which however means only purely Hebrew text while the "bloom of the wild grape" and clearly Yerushalmi has the connccting remarks is inapplicable here.] in Aramaic. The entire quote is from Tosephta

ΊΓ^ϊΠ .ΓΡΓΠ:? -ny N^Ì pian ïy iV?a nt>Ì?ÌI rni iravfw νη »nn ρ -on .D'îip οψο rinn yo -qn .cpjio own Jibttpiarr) rmwn yari naip wnrii ny^ç on .pinop o>>»ni noo>? íu'pí» N?i-in orqin ϋΐοη tiwdh twî rnnini >ao -i?3>? nio^j» nN>p *rnt< nnn m/TV) in? vn Nainn cincin .iny ο>Ν?ννν;?3 ίορη .VNíporp IN? V")D\?>? IN? *>>i mpN .inj* n^iilpii nçv»? Ji>?ni ^Nin iî? n>pN .-»npi lo'py >3-10 .i>?an ïv *tìoì»3 .nino mn>\n τ » ι - HALAKHAH 2 89

So we find that Rebbi Aqiba disagreed with the Sages and did not act upon his opinion. As we have stated there (Mishnah Ahilot 2:6): "Spine and skull from two dead bodies, a limb composed of limbs of two dead bodies, limbs taken from two living persons, Rebbi Aqiba declares them to be impure and the Sages declare them to be pure."127 We have stated:128 "It happened that they brought a chest full of bones from Kefar Tabi129 to Lod and deposited it in the open air [the courtyard] of the synagogue. Theodoros the physician entered and with him all physicians. Theodoros declared that there was no complete spine from one dead person and no complete skull from one dead person. They said: Since we have here some who declare this pure and others who declare it impure, let us vote upon it. They started with Rebbi Aqiba and he declared it to be pure. They said: Since you had declared it impure, but now you vote for it to be pure, it is pure."

127 Purity and impurity mentioned "skull or spine" is discussed here refer to transmission of impurity inconclusively in Babli 52b ff.] by a "tent", since automatically 128 Tosephta Ahilot 4:2; there the everybody under the same roof with a full name Theodoros is given to the corpse becomes impure; the "pure" chief surgeon. The Tosephta starts: bones mentioned here will still transmit "Rebbi Yehudah said: Six cases did impurity by touch. The conditions of Rebbi Aqiba declare impure and he impurity are spelled out in Ahilot 2:1. changed his opinion; it happened . . .", Flesh is causing impurity down to the and ends: "Rebbi Simeon said: Until the volume of an olive but bones do so time of his death did Rebbi Aqiba only if they are either the volume of a maintain that it should be impure; quarter qab (about .55 liter), most of whether he changed his opinion when the bones composing the skeleton in dying I do not know." This means that number or in importance, or skull according to Rebbi Yehudah, the vote and/or spine. [Whether one has to read at Lod showed that Rebbi Aqiba nVuVji nn® as "skull and spine" or changed his opinion but, according to 90 CHAPTER ONE

Rebbi Simeon, Rebbi Aqiba did not proof here. It follows that also when change his opinion, only he did not the Yerushalmi quotes the Tosephta, want openly to defy the opinion of the sometimes the proof comes from the majority. We assume that the omitted parts. Yerushalmi here accepts the opinion of 129 Former Arab village Kafr Tab Rebbi Simeon, otherwise there is no East of Lod.

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So we find that Rebbi Simeon disagreed with the Sages and did not act upon his opinion. As we have stated there (Mishnah Seviit 9:1) "Rebbi

Simeon says: all aftergrowth is allowed except the aftergrowth of cabbage because nothing similar grows wild130. But the Sages say that all aftergrowth is forbidden." Rebbi Simeon bar Yohai acted on this in a

Sabbatical year. He saw a man harvesting aftergrowth. He said to him: Is that not forbidden, is that not aftergrowth? The man answered him back:

Are you not the one who allows it? He retorted: Do not my colleagues disagree with me? He recited over him (Eccl. 10:6): "He who breaches a fence may be bitten by a snake", and this is what happened to that man.

130 The Mishnah deals with produce year but also (Lev. 32:5): "Do not of the Seventh year offered for sale by harvest the aftergrowth of your har- an Am Haärez, a who cannot be vest," i. e., it is forbidden to trusted with the careful fulfillment of commercially exploit the produce all his religious obligations. The Torah growing on one's field from the seeds says not only that it is forbidden to of the preceding year. It is, however, plant and sow during the Sabbatical acceptable to collect from one's fields HALAKHAH 2 91

small amounts for one's daily needs Our example shows that Rebbi (and even for storage as long as wild Simeon refrained from disagreeing in animals can find similar food on the practice from the rest of the Sages fields.) Rebbi Simeon is of the opinion even in purely Rabbinical ordinances. that a poor person may offer anything The man cursed by him probably did for sale since he might (or probably collect wild aftergrowth, or maybe was did) collect them from wild growing known to Rebbi Simeon as a landless plants which do not fall under the person who, therefore, collected from prohibition. The only exception is growth on other people's land that was produce which is never found growing declared ownerless (προπ), otherwise wild; such vegetables are forbidden for his opponent could not have invoked R. commerce in the production of one's Simeon's own ruling. [This explanation own field. The Sages, while agreeing follows Maimonides on the Mishnah. that Rebbi Simeon's position is the one Babli Pesahim 51b has a different text, which follows the Biblical precept see the discussion in Mishnah Seviït 9:1, closely, nevertheless as a Rabbinic and Kilaim, Halakhah 1:9, and the notes ordinance forbid any such buying from to the Mishnah edition of the Institute untrustworthy people since it is too for the Complete Israeli Talmud, Seviït difficult to enforce the fine distinction 9:1. The Rome ms. has here made by Rebbi Simeon. "forbidden," influenced by the Babli.]

."P3>\y> NDn .n>rn? imiy -ny) pian ty >>>3 i7N>>>?i IST}

o»j?> v>i3> i>n inn -iç>>n n>N) ~ιηφη imy «in rmyo

MiH D>OD0 η?? ì'v· N^ì "Uy "03 ΙΟΠ Ο*!? .0>03Π

.n>rn? 13 iy ito

And Rabban Gamliel disagreed with the Sages and did act on his own opinion! There is a difference here since the recitiation of the Shema' is for study131. But then they could have read also after the start of dawn132. Some want to say that in the other cases it was possible to uphold the words of the Sages. But here it was after midnight and they could no longer fulfill the precept of the Sages; so he told his sons to act according to his opinion133. 92 CHAPTER ONE

131 As explained at the end of read the Shema' twice if one forgot to Mishnah 5. recite it in the preceding period.] The 132 And why did he tell them only to question remains unanswered but this read before dawn? [Naturally, after cannot be taken as rejection of the dawn there already is an obligation to explanation. read the morning Shema'\ the question 133 Since the Sages will agree in this seems to be whether it is preferable to situation.

Wis»? jiíüo tv o>>?3n npgirçrirç n^ ia>a w n>ì .> rove n^V» tv ιπ^η [o>nc? Π^ΟΝΊ] ο>-α>κ·) ο>ι£η ηορο "»η^ίπ τιον

->ηφη -noy

Mishnah 3: Not only that, but everywhere the Sages said "until midnight", the obligation is to the start of dawn. The obligation of burning fats and limbs on the altar [and eating of the ] is until the start of dawn.134

134 This entire Mishnah, and the (Berakhot 2a, s. v. 'is writes: following one, are still the words of "Concerning burning of the fats, the Rabban Gamliel. In the Venice print Sages did not restrici it to 'until and the Leyden manuscript, the Pass- midnight' at all and it is mentioned over sacrifice is not mentioned in the here only to emphasize that everything Mishnah preceding the chapter but it is that has to be done in the night is in the Mishnah repeated before the kasher the entire night." Maimonides, Halakhah. The Biblical precept is to in his commentary on the Mishnah, burn the remaining parts of the writes: "They said about all of these sacrifices on the altar "the entire night activities 'until midnight', even though until morning" (Lev. 6:1). there would be time until the first signs In the interpretation of the Mishnah, of dawn, as a 'fence' that no one should there is a fundamental disagreement come to act under pressure and prolong between Rashi and Maimonides. Rashi his actions until after the start of dawn; HALAKHAH 3 SI that is what they said 'In order to discussion in the Mishnah is about remove people from sin.'" And he Rabbinic precepts, rather than Biblical formulates this in his code (Maäse commandments. This is compatible haqorbanot 4:2): "In order to avoid only with the point of view of wilful transgression, the Sages said to Maimonides. It is a well known bring to the altar the parts that have to principle that Maimonides follows the be burned only until midnight." Yerushalmi in all points in which there Neither the Yerushalmi nor the is no contrary opinion indicated in the Babli discuss the burning of sacrifices Babli; he will take the silence of the during the night. However, as Rebbi Babli in this matter as an endorsement Huna points out in the following of the interpretation of the Yerushalmi. paragraph, in his opinion the entire

Ν3ΓΙ ytiii .o>no? tori N^ JI»N O'OV? ií>?ri iìn Λ ÍW>ÍI

>Njpi >3*) o'nop »ori κϊη IN&Ì .ijan ο>ηφ?

n£ .rö^ "Ì&N?! IN? -IÇNJ >3-17 Njpyo

o>noa rö^y in? roin ->%-) -»ÇK .nisr) vo *\h .rii*n

.OH>n nis NQO>? niün IHN np?n i3>?in133*13

Halakhah 3: We have stated "the eating of the Passover sacrifice". Some people do not formulate "the eating of the Passover sacrifice". Who formulates "the eating of the Passover sacrifice"? The Sages. Who does not formulate "the eating of the Passover sacrifice"? Rebbi Eliezer.135 What is the reason of Rebbi Eliezer? It is written here (Ex. 12:8) "in the night", and it is written there (Ex. 12:29) "in the night". Just as there it means midnight, so also here it means midnight. Rebbi Huna136 says: "The eating of the Passover sacrifice" cannot be here even for the Sages since we have stated (Pesahim 10:9) "the Passover sacrifice after midnight makes one's hands impure."139

135 For the Sages, the obligation of during the entire Seder night; the eating the Passover sacrifices lasts limitation to the first half of the night 94 CHAPTER ONE is a Rabbinical ordinance. According appears most frequently in the Yeru- to Rebbi Eliezer [and Rebbi Eleazar shalmi. It is probable that the ben Azariah in the Babli, Berakhot 9a], Babylonian Amora Rav Huna (kjvj) also there is a Biblical prohibition of originally was called κηπ "the gracious celebrating the Exodus after midnight. one", but in Babylonia every η was (Cf. the discussion in the author's The pronounced as η

Scholar's , Northvale NJ Rebbi Huna points out that, since we 1995, pp. 263-264.) are agreed that this Mishnah and the Rebbi Eliezer's argument goes as following one deal only with follows: The Bible prescribes that the Rabbinical ordinances, the mention of Passover sacrifice should be eaten "in the Passover sacrifice is impossible that night." It also reports that the since, by Rabbinical ordinance, the death of the Egyptian firstborn was "in Passover sacrifice is rilually impure the middle of the night". Since the after midnight, for the same reason second occurrence of "night" is that voluntary offerings cannot be qualified by "middle" but the first is eaten after midnight as explained in left indeterminate, and we subscribe to the next Halakhah. Here is another the opinion that, unless explicitly given fundamental difference between the otherwise, words in the Pentateuch Yerushalmi and the Babli. According have an invariable meaning, the first to the Yerushalmi both in Berakhot and occurrence must also mean "midnight." in Pesahim (37d), the prohibitions The Sages follow Rebbi Aqiba in mentioned in the Mishnah are Rab- pointing out that the first Passover had binical. But the Babli in both cases to be eaten "in a hurry", the hurry of (Berakhot 9a, Pesahim 120b) refers the Exodus that happened only the only to the opinions of Rebbis Eliezer following day. Hence, the notion of and that the "night" here is opposed to "day" and not prohibition is Biblical. restricted to the first half. 138 The reason is the same as the 136 This is the form in which the one given for sacrifices in the next name of the Galilean Amora R. Huna Mishnah. HALAKHAH 4 9i

·)? ON .-»ηψη -nny "Vi VjVrço? ovî? Λ

.rrviyn yo Ο^ΝΠ TIN p>nin> >*r? jmn m o^p VU?N

Mishnah 4: Ail sacrifices that can be eaten during one full day only could be eaten until the first dawn. In that case, why did the Sages say, only until midnight? In order to remove people from sin. o>n?n npN rvfò ·ρ ON .O»V>7E 'VHR tiw ·"»

,*ιηφη Tinv ròy πιο ΝΙΠ nrrçin *nny "TV ON "IDI

ΊΠΝ Î7DÎN NÌD .Τΐίϋη "Ti? 10ÍN ^ΪΠΟ Κφ)

.η»ηη>ρ rmn

Halakhah 4: "All sacrifices that can be eaten during one full day only," these are the holiest of holies.139 "In that case, why did the Sages say, etc.?" If you would say until the start of dawn, one might think that dawn did not yet start and it would turn out that he eats in sin.140 When you say to him: "only until midnight," even if he does eat after midnight he will not incur guilt.

139 This is the reading of the ,thb burnt), was all burnt on the altar. The 'dW from the Cairo . The usual sacrifices of atonement had to be Leyden manuscript and the printed eaten by male Cohanim in the Temple editions have D'Vp Ο'ΒΠρ "simple precinct, except that blood, fat, and sacrifices". Zachariah Frankel already certain organs had to be burnt on the conjectured that the correct reading altar. These sacrifices are called must be the one before us, as will be "holiest of holies" and had to be explained now. consumed during the day of sacrifice There were four kinds of animal or the following night. Family sacrifices in the Temple. Of certain sacrifices, doVb, "peace", or "payment", sacrifices of atonement, only the blood or "wholeness" sacrifices, were eaten was sprinkled on the altar; the rest was by the family of the votary (except for burnt outside the Temple precinct. The the blood and fat, which was burnt on flesh of the nVis, "holocaust" (totally the altar, and certain parts which were 96 CHAPTER ONE to be eaten by priestly families.) These ate "holiest of holies"; but then no family sacrifices were called "simple special determination would be sacrifices"; most of them had to be necessary. eaten during two days and the 140 The determination of dawn was intervening night. The only "simple possible only for professional sacrifices" to be eaten during one day astronomers. In many cases, people were thanksgiving sacrifices and the would think that is was night when it sacrifice of the Nazir at the end of his was already dawn and then incur guilt votary period when he cut his hair. by eating the sacrifices. In mid-month, Hence, all "holiest of holies" sacrifices with a large moon, the determination are covered by our Mishnah but only a of the start of dawn is practically minority of "simple sacrifices". There impossible for a non-professional. might be some justification for the Midnight is no better defined than the reading "simple sacrifices" referring to start of dawn but a deviation from the the obligation of laity only who never true midnight would be harmless.

.·)!£> pa Jinn^a νηψ xiis >ri»>N» .n row» -iniN ,ποηπ pn tv (rnpw) .ijvio> ->piN

1N5P Nlipo .JiiVV Tiöifc ΠΙ

,ΠΊίηα Ν-ήρ Νΐηψ DTNS "ηρρη Mishnah 5: From when on does one read the Shema' in the morning? From when one can distinguish between dark blue141 and white; Rebbi Eliezer says, between dark blue and the color of leeks; (he may read it)142 until sunrise. Rebbi Yehoshua says, until three hours of the day since it is the rule of (sons of)143 kings to rise at three hours. He who reads after that did not lose, he is like a man reading in the Torah.

141 The translation of nVan is with the blood of some marine snail problematic. It is defined in Babli but since the snail has not been clearly Menahot as a color obtained by dying identified, the color cannot be HALAKHAH 5 97

established by experimentation. From 142 The word in parentheses is found the second paragraph in the Halakhah, in the Mishnah preceding the chapter it would seem that nVsn could also be but is missing in the Mishnah here in green, like color of the sea or like the Halakhah. The word is also missing grasses. Since both in Babli (Sota 17a, in most manuscripts of the Babli and in Menahot 35b, 89a, Si fri 115) and all early authorities, from Halakhot in Yerushalmi (here, rabba Gedolot to Rosh. For its meaning, I am 14) sources the final comparison is with following here Rabbenu Saadiah Gaon the sky, in nVsn means and Rabbenu Tam who admit ηκ iìbjV "sky-blue" in contrast to Vina "dark blue, VVnn, "to read the ", as color of kohl". benediction of the Hazan even if only The old Greek Septuagint trans- half the Hallel is recited. lation gives υάκινθος "hyacinth, a blue 143 Here again, the word in stone, perhaps aquamarine; also a blue parentheses is found in the Mishnah flower." Ashkenazic tradition has the preceding the chapter but is missing in color of nton as almost black since the the Mishnah here in the Halakhah, as stripes of our prayer shawls that well as in the Mishnah in the Babli. symbolize the unavailable rrtsn stripes The story of the discussion of David of the , are traditionally dyed with his inn Ί5Γ, fol. 2d, proves that the black. Hence the chosen translation of correct text does not contain the words "dark blue". "sons of".

13317 liOV\? ΓΙ&ί V3 NJV3J1& >33 .Î1 flSïfl

>!? inw 03}>N-p "rçv >ni n>pv\? nçi .iì? ^»VS y? iim ornen

."pjmyri pi ido ΝΓΡΨ

Halakhah 5: So is the Mishnah: Between its144 dark blue and its white. What is the reason of the Rabbis? (Num. 15:39) "You shall see it"145, from what is close to it. What is the reason of Rebbi Eliezer? "You shall see it", that it should be recognizable among colors146.

144 "It" is the η'**, the fringes of the with the obligation of tzitzit, was in garment. We shall see later that the Israel recited in abridged form during third section of the Shema', dealing evening prayers. Hence, the tzitzit 28. CHAPTER ONE characterized the morning prayers. white threads of the tzitzit. Each tzitzit contained three strands of 146 That nVsn should be recognized white thread with one of tëkhêlet. not only as a color, but as its specific 145 I. e., the η"?3Π thread among the color.

•PJIÇ .ÌJ1ÌN ΟΓΡΝ-p N^N IN? 1^313 ^Ν ΠΠΙΝ OJ?>N*i1 "PN*? 'a") OW}

,o>> nipii ιι>?τιηψ ropW >53 ÏIQQ rii^n

.•man Ntp> n>pvr Wü vpvr o^VVÌ Dïi-,1

WNT ïy ΛψΝ ^ nan"} mow n>rp-T npvt Ntpn")

.NO? ΠίΟ'Τ ΠΝΊ03 111*3

We have stated in the name of Rebbi Meïr: It does not say "you shall see it"147 but "you shall see Him". This tells you that anyone who keeps the obligation of tzitzit is as if he were admitted to the presence of God's glory. This tells that tëkhelet is similar to the sea. But the sea is similar to grasses, grasses are similar to the sky, the sky is similar to the Throne of

Glory, and the Throne is similar to sapphire148, as it is written (Ez. 10:1): "I saw, and here by the spread that was on top of the Cherubim like sapphire stone, the looks of the form of the Throne."

147 In Rabbinic Hebrew, n'X'·* is hence the suffix in "and you shall see" clearly feminine, plural nvï'X . Rebbi cannot refer to the tzitzit.

Meïr notes that the verb referring to 148 The extended list is found only n''ï,ï in this verse is in the masculine here; the other sources (quoted in the form. Usually, this is taken to mean discussion of nVsn) only have the that in Biblical Hebrew, n*s*ï is comparison of sea and sky. masculine (parallel to masculine η^ηρ The Gaon of Wilna has noted that "the preacher"); but many dictionaries the last two items in the list are in of Biblical Hebrew refrain from inverted order; one should read: the assigning a gender to the word. Rebbi sky is similar to sapphire, sapphire is Meïr votes for taking n'jnr as feminine; similar to the Throne of Glory. We are interested in connecting tëkhêlet to the HALAKHAH 5 99

Throne of Glory, and the verse from as similar to sapphire. Ezechiel provides the characterization

JIIBN ya-)N IVANO pirn 07N ΝΠ»Ψ H? ÌJIÌN OJVN-p ONPIN ONNN

Í7>nT3 ON VPîî? rip .ONNNI N"jrp -IÇN NIPN a*i .i-paoi

,n>> o>?n tò n>> ai-tp !?>n ù>Nya ON) .n>> o>?n 195 pirn

ΛΓΙΝΊ RP> T7>W7 Ν1ΠΠ? >V1 ΊΊ>ΝΨ1 !?RM VP*Î? 13N P N^N

Others say: "'You shall see it', that a man should be four ammotlA9 distant from another man and recognize him." Rav Hisda150 says: (the practice follows)151 the statement of Others". What are we talking about? If he knows the other person, even at a great distance he will recognize him. If he does not know him, even close by he will not recognize him. We must talk about an occasional acquaintance, like a man who visits a hostelry at intervals.

149 The size of the Talmudic ammah generation of Amorai'm in Babylonia. (cubit) has not been definitely 151 TOH in the Yerushalmi often can established; it is between 18 and 24 mean "establishes practice to be inches. It is uncertain whether the followed", parallel to the statement of Galilean and Babylonian ammot were Rav Huna, contemporary of Rav Hisda, the same measurements. in the Babli: "The practice follows 150 One of the greatest of the Others'". students of Rab, a leader of the second

ΌΊΗ ΝΓΙ»Ψ HD >3ΓΙ >>3J|) JVNL ."TÌ*H£ ">ÌON V? V3 T1>N pa aN^ pa w in >ya ΝΙΓ) .i-paoi JIÌON ya->N ivanp pirn

PIN·) O "TN ΝΗ»Ψ H? "I&T 1»Ì ">07 1»? ">Ί»0

>ρπ oy nnii^n nr?N ìnN n>oj} V3 .Vvaoi Jii»N vanN i-vaq»

Nvy^ >a-> "don ,oi»a ^ajpp Ν^ρη n>>3jp> n^iN? H? nonn

D>»>?WQ ΤΗ VP>Jiìn Napìy -in -ION .viçyj oy RJWV Njayo NN>pN NSNÌ

,ηηηπ >pri oy tù Όρρ»ψ hd rmiN v~»ipì 100 CHAPTER ONE

Some Tannaïm formulate: "Between wolf and dog, between domesticated and wild donkey."152 But some Tannaïm formulate: "That a

man should be four ammot distant from another man and recognize him".

That is what we have153 to say that he who says between wolf and dog,

between domesticated and wild donkey is parallel to him who says between dark blue and the color of leeks; he who says that a man should

be four ammot distant from another man and recognize him is parallel to him who says between dark blue and white. But they said that its preferred obligation is at sunrise so that one may join the mention of redemption to prayer and pray at daytime154. Rebbi Zeïra said: I found the reason (Ps. 72:5): "They will fear You with the sun."155 Mar Uqba156 said: The very religious were getting up early and reading the Shema' so that they could follow it directly at sunrise with the Amidah prayer.

152 Meaning the earliest time for Eliezer's criterion in the Mishnah, and reading the Shema'. In the Babli (9b), "to recognize at 4 ammot" the same the first criterion is given by Rebbi authority's restatement of the criterion Meïr, the second one by Rebbi Aqiba, of the First Tanna in the Mishnah. and both are given independently of 153 Pne Mosheh (R. Moshe Margalit) the Mishnah. In the Yerushalmi, no reads iö'B '»3 »«>» "he (Rav Hisda, names are attached since both opinions mentioned earlier) wants to say." Then are identified as alternatives "between the entire statement is tentative, and 31 dark blue and leek colored", which is TOH «ion will simply mean "Rav Hisda not the practice anyway. said", not as an authoritative statement. "Others" (ο'ΐπκ) usually denotes However, the commentary Pne Moshe Rebbi Meïr. In the Babli, the problem (R. Moshe ben Habib) reads 'vs inn remains that the statement attributed to iö'ö "they (or we) want to say." "Others" cannot belong to Rebbi Meïr. 154 This is from the Tosephta (1:2) However, in the Yerushalmi it may and is the end of the statement that in well be that "between wolf and dog" is the morning one may say the Shema' as Rebbi Me'ir's restatement of Rebbi soon as one recognizes a person at a HALAKHAH 5 101

distance of 4 ammot. Hence, "they said" generation of Amoraïm. It is inter- refers to those who adopt the criterion esting to note that this statement of the mentioned last. If one recites the Babylonian Mar Uqba is reported in Shema' slowly at sunrise and then says the Babli (9b) in the name of the later the benediction of Emet weyaziv, he Rebbi Yohanan. Maybe each Talmud will just say the Amidah prayer when wanted to ascribe the deeds of I'p'ni to the sun is clearly above the horizon an external source, not to be held to and it is visibly day. their standards, as explained in the 155 The same explanation is given in next section. his name in the Babli, hence he is The explanation of |?*m has been really the author and not only the given by A. Kohut in his nVwn ηπ», tradent. Since the first section of from the ρήι "to have con- Shema' is "acceptance of the yoke of fidence, faith". As explained by the the kingdom of Heaven", this is in Babylonian Talmud, they had faith in essence fear of God, and, hence, the God that all the time spent in His verse refers to the reading of Shema' service would not detract from their and not the prayer. It is clear that the ability to earn a livelihood, and so they prayer to be performed preferably at were rewarded with earning enough sunrise is the recitation of Shema'. money for their needs in the time left 156 Resh Galuta, the Davidic ruler of over after religious services and deeds. the Jews in Babylonia, in the first

NQNÌ NNTÌI Ί3 HQ* 1>Ό>? >Τΐ"ΠΨ ΗΨ^Β ΓΦ> RN ION

Ν)3\ί> -ìlio 'Win y&W ηηρ roiy nisn? Vpioy vn) ra>py >?-> nnnn rm>n .on ιϊ»ηηη -ρ *in>o >JI>?vì ^"ìRì νηψ nn¡?o

We have stated157: Rebbi Yehudah said: It happened that once I was walking behind Rebbi Eleazar ben Azariah and Rebbi Aqiba when they were occupied with duties and time came to recite the Shema' and I got the opinion that maybe they had given up on reciting the Shema', so I recited it and went over my studies158; but after that they started and the sun was already over the mountain tops. 102 CHAPTER ONE

157 Tosephta Berakhot 1:3; there R. recitation in full force until the end of Aqiba (who was the greater scholar) is the third hour and that, therefore, their mentioned before R. Eleazar ben prior occupation did not reduce the Azariah (the vice president of the later obligation. This is explained Synhedrion), and it is spelled out that more thoroughly in the next section. they were occupied to attend to some It seems that the text of the Yeru- public needs. We have a principle that shalmi is superior to the Tosephta since he who is fulfilling a religious duty is the vice president has precedence over free from engaging in any conflicting a simple member and the mention of religious duty. The two sages therefore their being engaged in religious would have had the possibility of not obligations is more to the point. reciting Shema' at all. The fact that 158 Reciting from memory the they recited the Shema' shows that they material he had learned earlier from considered the obligation of this his teachers.

H? >31 na αρνί nna nmï >31 .ποηη >pn

ΐ)ί noíN ywirp >an .οηηη ïy naopçjp (foi. 3b) n»nn Νητιψ vvnn> >a*p no^rj ai. oyó νιπν i? nw ani ίουρη ani >a*i .ηίνψ

>?Ì πη.3η ιηη .npiwa *τπ VÍOÍON ΉΑ nain >a-i ntn o*tn Nn»w ns roiwa ìion noin .roijn N»n ra .rowa ro^n w> ·· τ : TT ·· : r ...... ir τ τ : τ τ ·: · ι - - ·· τ τ ·:

.nraiva njjV»]?!? ίο^ν

"Until sunrise." Rebbi Zabida the son of Rebbi Jacob bar Zabdi in the name of Rebbi Jonah159: until the sun starts to appear160 at the mountain tops. "Rebbi Joshua says, until three hours of the day." Rebbi Idi, Rav

Hamnuna, and Rav Ada bar Ahava161 in the name of Rav: The practice follows Rebbi Joshua for one who forgets. Rebbi Huna told of two

Amoraim of whom one said 'for one who forgot.' His colleague responded: Do you ever fix practice for one who forgets162? In fact, it is the practice. Why did they say, for one who forgot? That everybody should make an effort and read it at its best time. HALAKHAH 5 103

159 Of the leaders of the fourth Ahavah in the Babli; all teachers generation of Amorai'm in Galilee. The quoted here are students of Rav. In the first tradent was his student. Babli (10b), Rav Yehudah says in the 160 Literally: "drips", meaning that name of Samuel: the practice follows the first rays of the sun start to appear Rebbi Joshua, without qualifications. It at the lower parts of the mountain seems that in Israel one was reluctant silhouette. to give up the recitation of the Shema' 161 The last name is correct in at sunrise but in Babylonia the practice Seridé Yerushalmi. The name men- of very early prayers was never tioned in the printed editions, 13 mx established. κπκ , is not mentioned again in any 162 Since rules are made to be Talmudic source. Rav Ada bar Ahawa followed, not to be forgotten. (Yerushalmi) is called Rav Ada bar

νπν Vî?>p?ç VjSl ΠΗϊΦ VP'PSS ΊΓΜ3 Ί9Ε yçvp η>ηρ n3 >3-1-içn .rnin -»37 γο>ν n^an .nnin -Ì37 yoy> η>-»ρ ron? n3>N nnp >t»i> >31 ion .ynp nan* VN n^ajp .inip

ικργι to'aNi rn >nip ruvwp ^n >3-1 -im .nap ron^ n^ajp .rm?

lì io .njì? v3iv)N-in vpw? naiD ron? DÌ>N νηψ n?"ip

-in?*

There (Sabbat 1:2) we have stated: "One interrupts for the recitation of

Shema' but one does not interrupt for prayer."163 Rebbi Aha said: The recitation of Shema' is a Biblical obligation; prayer is not a Biblical obligation164. Rebbi Abba said: The time for the recitation of the Shema' is fixed, the time for prayer is not fixed.165 Rebbi Yose said: The recitation of Shema' does not need concentration, prayer needs concentration.165 Rebbi Mana said: I objected before Rebbi Yose: Even if you say that the recitation of the Shema' does not need concentration, the first three verses need concentration. Since they are so few, one will concentrate upon their meaning. 104 CHAPTER ONE

163 It is implied by the following The clearest statement of that position discussion that one talks about groups is given by Maimonides (Hilkhot of people engaged in the study of Tefillah 1:1) who wriies: "It is a Torah. This situation is made explicit positive commandment that one should in Babli Sabbat 9b. Of those who give pray every day as it is said: 'you shall the reasons for the difference in the serve the Eternal, your God.' Tradition treatment of Shema' and Amidah, teaches us that this service is prayer, as Rebbis Aha and Yose belong to the it is said: 'to serve Him with all your fourth generation of Amoraïm in Israel, heart'; the sages explain that the hence Rebbi Abba will also belong to service of the heart is prayer. But the that group. [There were too many number of prayers is not from the Amoraïm by the name of Rebbi Abba Torah, neither is the formulation of the to clearly distinguish between them.] prayer from the Torah. Prayer has no The entire section here and the fixed time from the Torah." [Everybody following one also appear in Yeru- agrees that the obligation of offering shalmi Sabbat 1:2. prayer three times a day is historical 164 Everybody in this discussion (Daniel 6:11) and the form of prayer is seems to agree that the basis of the an institution of the Men of the Great recitation of Shema' is Biblical, at least Assembly.] This interpretation of the for the first verse [following the Babli disagreement between Rebbis Aha and (Teshuvot ha Rashba, #320)] or the first Abba is given by the great Sephardic three verses [following the Yerushalmi, commentators, Rabbis Eleazar Azkari as seen here]. There is disagreement and Moshe ben Habib. on the status of prayer. The There is a different interpretation Yerushalmi at the beginning of Chapter possible, namely that Rebbi Abba 4 follows the Sifri in the interpretation wants to state that the time of Shema' is of the "service of the heart" mentioned narrowly fixed, as we have seen, and in Deul. 10:12, 11:13 as prayer, which, once that time is passed, the omission therefore, is Biblical. Rebbi Aha does cannot be repaired. For prayer, not accept this derivation; similarly, the however, the rules arc much more Babli (Berakhot 21a) declares prayer to elastic. First, there is much more time be a Rabbinical obligation. given for the recitation; then it is 165 Rebbi Abba is among those who possible to pray in advance of the time accept prayer as a Biblical obligation. (as in the evening prayers held before HALAKHAH 5 IM

sundown), and a missed prayer can be (or verses), containing the "acceptance compensated for by praying the next of the yoke of the Kingdom of time twice. Hence, in a real sense, Heaven", should be well understood even prayer in the Rabbinical sense has during the recitation, the rest of no fixed time compared to Shema'. Shema', which also counts for Torah 166 Rebbi Yose, the greatest study, is acceptable even if it is recited authority among the participants in this in mechanical repetition since this discussion, notes that one may make a helps in memorizing the Torah text, an distinction between Shema' and prayer essential part of study. On the other that does not depend on whether the hand, mechanical and unthinking obligations are Biblical or Rabbinical. prayer is a contradiction in terms and While it is essential that the first verse intrinsically invalid.

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Νΐηψ ο "τ io T>p$n H^ rjbw ì?p N")ipn ΐί'ΐπ nhì .·ρ3>\!> ì«^ yn> >31 -inN ,ν'γι N>n .rniJi ninn nnaiv? νγι .rnirn Nnip -iriv ninn ny>N rnin ιππ τνπψ n> ^ >ni> i? "ρνιρνμ »an

.mYirn ν-lip Νΐηψ cnio Η^Η ij^ri nip Nay .mTin niin

>nv i? >a-n n>rivi? ^nv 13 yiypW >3-) ,N>n nwip? nnjiv? κη .ηίψηρ Nnpo my }άύ\ .717» m» ΝΊρη? ppiyn ->»ν

Rebbi Yohanan in the name of Rebbi Simeon ben Yohai: "For example we, who are engaged in the study of Torah, we do not interrupt even for the recitation of Shema'." Rebbi Yohanan used to say about himself: "For example we, who are not engaged in the study of Torah167, we do interrupt even for prayer."

This one follows his own opinion and that one follows his own opinion. Rebbi Yohanan follows his own opinion since Rebbi Yohanan says: "if only a man would pray the entire day. Why? Because prayer is never in vain!"168 Rebbi Simeon ben Yohai follows his own opinion since Rebbi Simeon ben Yohai said: "If I had stood at Mount Sinai at the moment that the Torah was given to Israel, I would have implored the All-Merciful that he should create two mouths for man; one for him to exert himself in Torah and the other one for his other needs." But he changed his mind and said: "With one mouth already the world almost cannot exist because of its denunciations169; if there were two how much more would there be?

Rebbi Yose said before Rebbi Jeremiah: The position of Rebbi Yohanan is identical with that of Rebbi Hanina ben Aqabiah, as we have stated: "The scribes of Torah scrolls, , and Mezuzot, do interrupt for the recitation of Shema' but do not interrupt for prayer. Rebbi Hanina ben Aqabiah said: just as they interrupt for Shema', so they HALAKHAH 5 107 interrupt for prayer, tefillin, and all other commandments of the Torah".170

Would not Rebbi Simeon ben Yohai agree that one interrupts to make a or a lulavl Does not Rebbi Simeon ben Yohai make the distinction between one who studies in order to do171 and one who studies in order not to do? Because he who studies in order not to do would have been better off had he not been born. And did not Rebbi Yohanan say, he who studies in order not to do would have been better off if the afterbirth he was in was twisted around and he never would have entered the world? The reason of Rebbi Simeon ben Yohai is that this one is repeated study and that one is repeated study and he does not push aside one study for the other study.172 But did we not formulate:173 "He is like a man reading in the Torah." Hence, at the right time it is preferred to Torah. One is like the other.174 Rebbi Yudan said that Rebbi Simeon ben Yohai, since he was permanently studying Torah, did not prefer Shema' to the study of Torah. Rebbi Abba Mari said, did we not formulate: "He who reads (Shema') after that did not lose, he is only like a man reading in the Torah"? Hence, at the right time it is like Mishnah. Rebbi Simeon ben Yohai follows his own opinion since Rebbi Simeon ben Yohai said: He who studies the written Torah does himself good that is not so good. But the rabbis equate the study of the Bible with that of the oral law.175

167 Since we spend some time every informer." Because of an informer day not studying. about his anti-Roman feelings, Rebbi

168 See Note 17. Simeon ben Yohai and Iiis son had to

169 Latin delatorius, a, um, adj. to spend 12 years hidden in a cave (Babli delatio, in late Latin delatura "ac- Sabbat 33b, Yerushalmi Seviït 9:1, fol. cusation, information, denunciation," 38d). When he left the cave, he was so the act of a delator,"government upset that people would engage in 108 CHAPTER ONE

farming and commerce and not study question here is, how can Rebbi Simeon Torah all day long that a heavenly ben Yohai take a position that for all voice ordered him back to his cave for practical purposes identifies the actions another 12 months in order to get used of the most holy man with that of the to the world again. Both Talmudim deliberate sinner? consider his position appropriate only 172 But he certainly will interrupt for exceedingly holy people. for all other obligations. In fact, the 170 While we have the principle that story of his stay in the cave notes that "he who is engaged in the fulfillment he and his son took off their clothes of a commandment does not have to and sat covered with sand up to their worry about other commandments," this necks in order not to wear out the does not apply to people whose entire clothes, and used them only for the occupation is the fulfillment of a times of prayer. This means that Rebbi commandment. Simeon did not recite Shema' since its The source is Tosephta Berakhot 2:6, recitation was replaced by his studies, cf. also Babli Sukkah 26a. The but he did pray, even though the Tosephta also brings the opinion of Mishnah seems to indicate that one Rebbi, that they do not interrupt for omits prayer more easily than Shema'. Shema', and a testimony that Rabban 173 In our Mishnah here in Berakhot. Gamliel and the Synhedrion at Yavneh 174 This is a preliminary answer. did not interrupt sessions dealing with Rebbi Yudan (Amora, colleague of R. communal matters. Yose) tries to relativize the answer that 171 He who does is one who fulfills it applies only to someone like Rebbi the commandments of the Torah. He Simeon ben Yohai who spends his who does not is one who does not entire life studying and memorizing fulfill the commandments of the Torah. Torah. R. Abba Mari, one generation Someone who studies Torah with the after R. Yudan, points out that this intent of not fulfilling its com- interpretation of the Mishnah is mandments certainly has no part in the impossible but that one must take the future world since he does not have the statement of R. Simeon as an indication excuse of everybody else that he did of his attitude in general. not know enough to fulfill all 175 Studying Scripture is equal to commandments. This is clearly spelled studying the Oral Law in merit. Hence, out in the following lines. The reciting the Shema' in its proper time HALAKHAH 6 109 transcends both for everybody was called Mishnah in the time of including scholars of the rank of Rebbi Rebbi Simeon bar Yohai. (See the Simeon ben Yohai. Mishnah here parallel in Babli Baba mezia' 33a.) stands for the entire Oral Law, which

n 3 nini»? i??ì t !*'^? aiV? oHPiN n>3 Λ mv» onpw !?>n η>αι .q^ipii ^iij^rn

-lOífj no!? i? ON .^13 q^ai "VJNíy Τ?"!"!?

•IHípiV 07N írpw n^v? ÏÏP1P?1

Mishnah 6: The school of Shammai say: In the evening, everyone must bend down176 and recite and in the morning they should stand up since it is said (Deut. 6:7): "when you sit in your house or go on the road, when you are lying down and when you are getting up." But the school of

Hillel say: everyone should recite in the position he is in, since it says "or go on the road." In that case, why does it say: "when you are lying down and when you are getting up;" this means the time when people go to sleep and the time when they are getting up.

176 Means to lie down on a couch, or it is used only for formal recitation of as on a couch. "Reciting" always refers Biblical texts. to the Shema' since, as a technical term,

Π^ηψ? n>57 VP?*!?»? π® Η·ηρτ "PO'PP nni κπ .1 naSn

:Π13 qjp^t Jiiiîin? cp¡?piy> vn? qjvia qj^toi

Delirò o->a • • «s - τ : Halakhah 6: They of the school of Hillel are able to explain both parts of the verse. How do those of the school of Shammai explain "when you sit in your house or go on the road"? "When you sit in your house", to 110 CHAPTER ONE exclude those who are occupied with other religious commandments, "or go on the road" to exlude bridegrooms.177

177 An almost exact parallel is found that fulfillment is really restricted to in the Babli, Berakhot 11a. The bride the short act of actual and is exempt from reciting the Shema' then to the first married intercourse; since women are freed from all the exemption of the bridegroom from positive commandments which have to saying Shema' refers to the entire be performed at set times. The wedding feast when he is unable to bridegroom himself fulfills a divine concentrate even on the first verses. commandment by getting married, but

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ίΟψ -»πν -ιΐ"τ η>α λνώψ n>? n.17? ηt\h

.mm n>3 yip robr? o>*no>r»n >?IN-|?

We have stated178: It happened that Rebbi Eleazar ben Azariah and Rebbi Ismael stayed at the same place and Rebbi Eleazar ben Azariah was reclining while Rebbi Ismael was standing. When the time for the recital of the Shema' arrived did Rebbi Eleazar ben Azariah stand and Rebbi Ismael reclined. Rebbi Eleazar said to Rebbi Ismael, this is as when one says to someone in the market place, your is overgrown, and he says, that is against those who shave179. I, who was reclining, stood up and you, who were standing, went on to recline. He answered him: You stood up following the school of Shammai, I reclined following the school of Hillel. Another explanation: That the students should not see me and make it the permanent practice to follow the school of Shammai.180 HALAKHAH 7 111

178 In the Babylonian parallels dawn, when it still was possible to eat (Berakhot 11a, Tosephta Berakhot 1:4, before praying. It is impossible to Sifri Deut. 34), R. Elea zar ben Azariah decide which of the two versions is the at first is sitting up and R. Ismael is original. reclining. This means that in the 179 I do it deliberately. Why did Babylonian version, the discussion was you do the opposite of what I am in the evening (also indicated in the doing?

Babylonian Talmud by a change in 180 Both explanations are necessary. language, not "that they stayed at the R. Ismael did recline, not because it same place" but that "they had dinner was required by the school of Hillel, together.") In our version, the but to spite the followers of the school discussion takes place in the morning. of Shammai. He had to do this, even While R. Ismael, after R. Aqiba the though the school of Hillel would have greatest scholar of his generation, did allowed him to continue standing, to certainly exceed R. Eleazar ben Aza- give an example to the students. This riah in scholarship, the latter was the shows that in all cases where there is a vice president of the Synhedrion; it is disagreement over practice, the actions more likely that R. Ismael was sitting of the leading Torah scholars count upright at the start. They might have more than all theoretical arguments. got up very early, before the start of

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lin} π»η »i? it? ηρκ vv>i?>>n >5$n »η??»©·!

.^n Jin >157 Γηΐ)Μ

Mishnah 7: Rebbi Tarphon181 said: I was on the road and reclined to recite the Shema' following the school of Shammai. There I put myself in danger because of the robbers. They told him: It would have served you right to be in mortal danger since you transgressed the words of the school of Hillel. 112 CHAPTER ONE

181 The oldest of the Tannaim of the practices he had learned as a child to second generation, who started his those of the school of R. Yohanan ben studies still before the destruction of Zakkai of the school of Hillel which the Temple, at the time of the was the only one to survive the war ascendency of the school of Shammai. against the Romans. It seems that he was slow to adapt the

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>-ι.Γ)ψ rnin n:nn ansio ηιτ ρηηηψ viri ns li ητρ >31 οψι

ΓΡΙ »ili -α^ψ n> .nwvn N^N -uiy n>n HÎ IÌ»N

.«/ni -m ·χΐί3ΐ οψ ïy nn>>?

Halakhah 7: In the name of Rebbi Yohanan182: The words of the scribes are related to the words of Scripture and are pleasant like the words of Scripture. (Song of Songs 7:10) "Your throat is like the good wine"; Simeon ben Abba in the name of R. Yohanan183: The words of the scribes are related to the words of Scripture and are more pleasant than the words of Scripture. (Song of Songs 1:2) "Since your f riendship is better than wine"; Rebbi Abba bar Cohen in the name of Rebbi Judah ben Pazi: You can know that the words of the scribes are more pleasant than those of Scripture because if Rebbi Tarphon did not recite at all he would have transgressed only a positive commandment. But because he transgressed the words of the school of Hillel he should have suffered death since it says: (Proverbs 10:8) "He who breaches a fence will be bitten by a snake."

182 This entire Halakhah, until the Songs 1:2, "May he kiss me with the next Mishnah, really belongs to Avodah kisses of his mouth since your friend- zarah 2:5 (fol. 41c) where Song of ship is better than wine", is discussed. HALAKHAH 7 113

In the transcription here, the first word are of the second (colleagues of R. fell out. It should read: The fellows Yohanan) or the third (his students) (of the Yeshivah) in the name of R. generations of Amoraïm. R. Simeon Yohanan. bar Abba is one of the outstanding In traditional interpretation, the students of R. Yohanan. The two Song of Songs is a dialogue between Amoraïm who explain the letter's God and the people of Israel words are of the fourth and fifth (represented by the girl); the question generations, respectively. of the Mishnah was whether one reads The "throat" of the Jewish people ηηπ (feminine) or q'lii (masculine) for are the sayings of its sages; wine in "your friendship, your relations." both verses are the words of the Torah. 183 The members of the Yeshivah

v>ip ina .-m>n ira ntw ira rnin n;n twyι?φ

IJ'JJH ρ Niny if? viri .10 ininn i^ia inpio vm inN .inpin ina

1>pin> nifloiu won nos mTin na? ^ v>>33? vn ιηίκη lian

>a-pa οιπ3Γΐ Dwa nin >a"H nn.a n>?3n >an ,a»n onpio nan ty

tO iia>v>? napri o>N>a? nain onion N»n

VpVr m ii?n N>aii ."DV^l Vï? ïï> 1V>N a>3iDi .Jiio>>3 >0? Hi

rooio ij>N on aro inn τηκ ïy .npip> iby in\?o>a à η^ψψ

>3 ïy «in ana inn -τηκ ï? ϊη in\??çtn οπίη

irm a>rp N>:m 1? .ιη\??ορι οπίη Nì?a inw>o#n onin ap1? ni^-in

.qnv nninn >3 ïy ion oía .ηξήηι jiìn

Rebbi Ismael did formulate: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the

words of the Sages all are severe184. You can realize that this is so since

we have stated (Mishnah Sanhédrin 11:5): "If he185 says there is no obligation of Tefillin against the words of the Torah he is not criminally

liable. If he says that Tefillin have five sections, to add to the words of

the Sages, he is guilty." Rebbi Hananiah, the son of Rebbi Ada186, in the 114 CHAPTER ONE name of Rebbi Tanhum the son of Rebbi Hiyya: The words of the Sages carry more weight than those of the prophets, since it is written (Micah

2:6): "Do not preach, they preach; Do not preach to those, that shame does not reach you.187" And it is written (Micah 2:11) "I shall preach to you for wine and liquor."188 The relation of prophet and scholar can be compared to the case of a king who sent two of his palmatars189 to a province. About one of them he wrote, if he does not show you my seal and σημαντήριον190, do not believe him. About the other one he wrote, even if he does not show you my seal, believe him without seal and

σημαντήριον. So about a prophet is written (Deut. 13:2) "He gives you a sign or miracle." But here it is written (Deut. 17:11): "According to the teachings that they will teach you"191.

184 Since their essential duty is to asserted by the Synhedrion, then he has build "a fence around the Law", it is in committed a capital crime. the nature of the institutions of the In the Babli, the reference is to Sopherim, the men of the Great Mishnah Sanhédrin 10:5. The inter- Assembly headed by and their pretation of the law is much more successors before the period of the restrictive in the Babli than in the Rabbis, to be more restrictive than the Yerushalmi. original precepts of the Torah. 186 A preacher of the fourth 185 The Mishnah speaks about the generation of Galilean Amoraïm whose mnn |pi, the rebellious religious leader, name is quoted also as Hanina or who does not accept the rulings of the Hinnena. His teacher R. Tanhum bar supreme court sitting in the Temple Hiyya was from Kefar Agin (Umm court. If he asserts something that goes Junia) South of the Sea ol Galilee. against the text of the Torah, he is not 187 Only false prophets will preach dangerous and not criminally liable to such a generation, whereas the true since every child that has learned to prophet gets his orders from God not to read realizes his error. But if he preach. According to Rashi, η'υ means asserts something in contradiction to an "speak about your visions", rather than authoritative teaching of the oral law the commonly used "preach". HALAKHAH 7 IH

188 The real inference is from the right to use the imperial mails for rest of the verse that is not quoted but transportation. The two diplomatarii assumed to be known to every student: arrive in the province by imperial mail "You shall preach to this people." It but this does not imply that they are follows that the prophet sometimes is plenipotentiaries (since, sometimes, the ordered to be silent and sometimes to privilege of using the mails was given speak but the sage is ordered to teach to private citizens.) at all times. 190 Hebrew word (onin) "seal" and its 189 The Arukh notes the word but Greek equivalent given as parallels. gives no explanation. Mussaphia, in his 191 The reference is to the tradition Notes to Arukh, proposes the attached to v. 9, that obliges one in impossible Greco-Latin hybrid πόλεμο- cases of doubt to go the the Temple notarius, "secretary of war." The best and ask "the judge who shall be in explanation seems to be that of A. those days". Since it is impossible to Kohut, diplomatarius\ the first syllable ask a judge who does not live in one's di was interpreted as Aramaic relative days, this is taken to mean that any pronoun (Hebrew ©) and, therefore, chief judge, even if not the most dropped. Diplomatarius is a late competent one, has the same status as (Byzantine) form of diplomarius, the any other living in another time. (Babli holder of an imperial diploma, a 25b, Sifri "doubly folded" imperial order or 153). privilege which gave its holder the

•vnnnb n^i-iirbD bip na *ry bnN .bip na niwwo ικριπ ν-τη b>p?n -IONJ n? by bbn n>a npinpì >nov n>a npirp >inib"j in^y by

.Vii npiriDi >bìpD >N Nbîs yrçh «IP? ibw ìb>N »bips .*jb;> rj^ha na ηκ*»\5>>3 baN .bip na ly -ikpjh V1Ç -VTT 'IPVPI >bip?

,nn>n a»n bbn n>a by -aiyrrbDi bbn n>a mis robn Dbiyb bip τ τ • r τ τ : ·· · ττ·: τ ^ τ » naiD nabn bau o>»n o>nbN nai ibw ib>N mnMi bip na >an TT-: τ -: · - ν: ·· τ τ : IT s ' - τ τ · -

.bip na ηHW nja>a >a") >a>a >a-i .bip na nN*> p>N .bbn n>a

That means192 after the divine voice193 was heard. But before the divine voice was heard, 194it was said of anyone who wanted to restrict 116 CHAPTER ONE

himself and follow the restrictions both of the school of Shammai and that of Hillel: (Eccl. 2:14) "the fool walks in darkness;" anyone who followed the leniencies of both of them195 was called an evildoer. But one had to follow either the leniencies and restrictions of one school or the leniencies and restrictions of the other. That was before the divine voice was heard.

But after the divine voice was heard196, practice always follows the school of Hillel and everyone who transgresses the rulings of the school of Hillel merits death. We have stated: "A divine voice came and said: Both of them are the words of the Living God but practice follows the school of

Hillel".197 Where was the divine voice heard? Rebbi Bibi198 in the name of Rebbi Yohanan: The divine voice came in Jabneh199.

192 Referring to the statement in the the school of Hillel in practice. The Mishnah, that Rebbi Tarphon was told man who rebuilt Jewish learning after that he incurred guilt by following the the destruction of the Temple, R. teachings of the school of Shammai Yohanan ben Zakkai, was a student of (with which he probably grew up). Hillel. 193 A Vip na, "daughter of a voice", is 195 In the opinion of the Babli, only a sound carrying information of in the case of two leniencies whose indeterminate origin. theoretical bases contradict one 194 Tosephta Idiut 2:3 (in a different another. Similarly, the fool is one who version Sukkah 2:3). The main follows contradictory rigidities. discussion in the Babli is Eruvin 6b. 196 This is an explanation of the The 24 instances of restrictions of the Tosephta, rather than a duplication of school of Hillel where the school of the earlier note on the Mishnah. Shammai is more lenient are 197 The same statement is in Babli enumerated in Tosephta Idiut 2. It is Eruvin 6b. The language is tannaïtic, reported there that the most con- but the origin of the phrase is scientious one of the followers of unknown. Shammai in the years before the 198 Since in Talmudic times every 3 destruction of the Temple, R. Yohanan or 3 was pronounced /v/ in Galilee ben Hahoranit, followed the rulings of under the influence of Byzantine HALAKHAH 8 117

Greek, his name probably is a shor- ducees in his time follow Rabbinic tening of Latin Vivianus, ο·»?ι R. Bibi practice. We know that the sect at was one of the notable students of R. Qumran were and their Yohanan. Tefillin follow Sadducee rules; 199 The Synhedrion was at Jabneh characteristically, they have many between the two wars against the more Biblical quotes in addition to the Romans and held there its first meeting required verses (cf. Y. Yadin, Tefillin when it was reconstituted after the from Qumran, Jerusalem, 1978). The persecutions that followed the war of Tefillin found with the Bar Kokhba Bar Kokhba. Afterwards, it moved to letters in the caves of the Judean Galilee permanently. This gives a desert are of the same type. Hence, terminus ad quern for the adoption of Sadducee practice did not completely the rules of the school of Hillel by all stop until the war of Bar Kokhba. As of Judaism. It seems that the exact far as Sadduceeism goes, its dis- point in time was the reconstitution of appearance in practice can be dated to the Synhedrion after the war of Bar the aftermath of the war of Bar Kokhba. Kokhba.

While Talmudic literature is full of It is not believable that a man of the disagreements on practical points of stature of Rebbi Tarphon would Jewish practice, there is unanimity that transgress a generally accepted the principles underlying all discussions practice supported by a divine are those fixed by the school of Hillel pronouncement and by popular consent. in Rabbinic (Pharisaic) Judaism. After Hence, the episode of Rebbi Tarphon the war of Bar Kokhba, we do not hear must be dated in time before the bat of any followers of the school of qol. It is generally accepted that Rebbi Shammai in practice, nor of Jews that Tarphon did not live to see the war of are Sadducees in practice. In the Bar Kokhba. This narrows the time of Talmud (Babli Nidda 33b), R. Yose the bat qol to close to that war. (ben Halaphta) states that the Sad-

Π})? nnN) n>)a> o^nyj .η rows (foi. 3c) ηρίΝΐψ oipç rnsi? noto rovttf ϊιπν .·ν*ΐΓ)Ν> o>rrçn n>3S> cpnyj 118 CHAPTER ONE

ύ>κ DiJin^ >Νψ-> ÍÍ>N nap!? .Ίχφ >Νψ-ι

.Oiling 'Νψ-Ι Ù>N OÍJir£ ,οίτιπ^ ίΟψ

Mishnah 8: In the morning he offers two blessings before [the Shema'] and one after. In the evening he offers two blessings before and two after, one long and one short. At a place where they200 said to make it long he is not allowed to make it short, short he is not allowed to make it long. To seal201 he is not allowed not to seal, not to seal he is not allowed to seal.

200 The men of the Great Assembly. sentence of the benediction with the 201 "To seal" means to start the last words "Praise to You, o Eternal,...". n^i ooi> is jvin") ow ϊχ upn? i? Iwinyj VWV π ηοϊη >1> i? üwin» >21 DW? v?n >3->3 >oi> ."ρίψ γι^πι oi>n n^n Νη»ψ >i)p >31 ow? l)?nj >3"i ïy vtâÏO oi»3 oy?

o«i> 13 n>ini o»p ì!?>jo q>Ti>^n oi»3 V3y o»¡?>?rrio Halakhah 8: Rebbi Simon in the name of Rebbi Samuel bar Nahman: Because of202 (Jos. 1:8): "You should think about it day and night", that the thinking of day and night should be equal. Rebbi Yose bar Rebbi Abin in the name of Rebbi Joshua ben Levi: Because of (Ρ s. 119:164): "Seven times a day I praise You for Your just laws." Rebbi Nachman in the name of Rebbi Mani203: Everybody who keeps "seven times a day I praise you" is as if he kept also "you should think about it day and night"204.

202 The reason is sought for be parallel and why each one has to benedictions before and after the include a benediction of thanks for the recitation of Shema'. The first opinion, Torah, since the recitation of the ascribed to an early Amora, gives the Shema' also helps to fulfill the reason why the two recitations should obligation of Torah-study in a minimal HALAKHAH 8 119 way. The second opinion, by a late an Amora of the last generation in Amora in the name of one of the first Galilee, a student of Rebbi Mana the ones, explains the asymmetry in the second. Hence, it is reasonable to numbers since they must add up to the assume that R. Mani here is R. Mana odd number of 7. the second. However, since the late R.

Since in Halakhah 9 (and in the Yose bar Abin transmits in the name of Babli, Berakhot 14b) it is reported that the very early R. Joshua ben Levi, it is in Israel one did not recite the entire not impossible that the name of R. last section of Shema' in the evening, Mani is transmitted correctly. Rebbi Simon also gives a reason for the The statement of R. Mani implies asymmetry: In the evening one recites that anybody who recites Shema' with 4 benedictions and 2 sections, in the its benedictions regularly, every morning 3 benedictions and 3 sections, evening and every morning, cannot be for a total of 6 morning and evening. considered transgressing the obligation In the next section it is clear that Rebbi of even if he does not Simon makes a distinction between the study otherwise. In contrast to the first first two and the third sections of two statements, this one has practical Shema', a distinction rejected by Rebbi consequences. Levi from the circle of Rebbi Yohanan. 204 In the Babli, Menahot 99b, Rebbi 203 Usually, Rebbi Mani in the Yohanan reports in the name of R. Yerushalmi is R. Mana the first, an Simeon bar Yohai thai reading the Amora of the first generation. How- Shema' alone is enough; no mention of ever, Rebbi Nahman, the preacher, is the necessary benedictions.

>330 -IÇN "PO'P >3T ^Γ» ΓΠ>γή$ >J1V> V"PP TO

* pJN o^a im^nri ιηψ^ψ >j?o -ION η} >a-i ,ηκρρ-! ηι>?ψ ini

* ,·>33 ϊχ οηηΝ q> η>η? ì^D^if * VOV -TD^ï*

ο>η*Η INO ·>'·> nis rnnNi .Kiyï ÏÏ^n * °γ> ηι< Νψπ ,ΙΠΝ

.η -rçji riapri ον ΓΙΝ -tot ,ιρνοι rpoyá variy)>> tO ÍO>D a^jp? rnin n^iiso'^ η^ιρψ Ν>ηψ πιψ ni*o η -idîn >a-»

Ν^πψ q¥Hin> ί>ί jvìsì mTin"| ο>ΐ?ίΐη nierai πνίίη qvqj? nav nisi

D?>O> ia-)> .qoN n^i :paN n^c ta? .rnin ϊψ n^iiso *TÌ33 η^ιρψ 120 CHAPTER ONE

N> IN© .ΠΊΠΡ OJH3NÎ .Π$ηη HÏ >J0»1

•jn.ri >2*1 ->ÇN nnNi DM?!? nnN i-nrm N>

,Π5")21Γ1 Ο "Π q>3>V¡ >> DÎT1 ΠΝ^ΟΙ >*).ÌO"|P

;ρ>7 3?3t>Nì n> .>> JINI y-p «w rprM nin» >N wn rjra

iprpi * TV n^ri N> .q-iin ύντ Ν^Ί

.Q^iy ÌJ^Ì o^íf ί«ϊ< >3-) DON Jiçtf ino niPtf

»3N n>yn ->¡?w rmy Tirite riivo dn nid îp-α wr^n -mon η> >n-t ion

n>a linori ni .^-JKI ιτινίι n1?^ ty ^NS

.íp^nn nn N^Í qjV3 nintp ïy Dniirpì

Why does one read these two sections every day? Rebbi Simon says because they mention lying down and getting up. Rebbi Levi said, because the are contained in them205.

"I am the Eternal, your God." - "Hear206, o Israel, The Eternal, our God."

"You should not have any other gods before me." - "The Eternal is One."

"Do not take the name of the Eternal, your God, in vain." - "You must the Eternal, your God." He who the king will not swear in his name and lie.

"Remember the Sabbath day to sanctify it." - "So that you shall remember;" Rebbi said: that is the commandment of Sabbath which is as important as all other commandments of the Torah together, as it is written (Neh. 9:14): "You informed them about Your Sabbath, commandments, laws, and Torah you commanded them,..." to show that it is as important as the other commandments of the Torah207.

"Honor your father and mother" - "So that your days and the days of your children should increase.208"

"Do not murder" - "You will soon be lost." He who kills will be killed.

"Do not commit adultery" - "Do not stray after your hearts and after your eyes." Rebbi Levi said: heart and eye are the two agents of sin. It is HALAKHAH 8 121 written (Prov. 23:26) "My son, give Me your heart; your eyes should watch My ways." The Holy One, Praise to Him, says: If you give me your heart and eyes I know that you are mine209.

"Do not steal" - "You shall harvest your grain, " not your neighbor's grain210"

"Do not testify against your neighbor as a false witness," - "I am the

Lord, your God." And it is written {Jer. 10:10) "But the Lord is the God of truth." What is truth? Rebbi Abun said: that (Jer. 10:10) "He is God of life and king of the world." Rebbi Levi said: The Holy One, praise to Him, said, if you gave false testimony against your neighbor, I count that against you as if you gave testimony against Me that I did not create heaven and earth211.

"Do not covet your neighbor's house" - "You shall write them on the doorposts of your house," your house and not your neighbor's house.

205 Since Rebbi Levi depends Commandments of Deuteronomy. heavily on the third section of Shema', 209 The connection seems to be from he cannot agree that in the evening one the following verse: "Because a dark should recite only two sections. In the ditch is the harlot and a source of Babli (Berakhot 12b), the third section trouble the strange woman." of Shema' is singled out for its 210 This contradicts the opinion of importance because five of the Ten the Babli, Sanhédrin 86a, that the Ten Commandments are alluded to in it. commandments forbid kidknapping, a 206 As R. Shelomo ben Adrat capital crime like murder and adultery. (Rashba) points out, y»w can mean The Babli's opinion is found also in "hear, understand, or accept." Mekhilta deR. Ismael (Jilhro 5), which 207 Since the Sabbath alone is given possibly was edited in the Academy of a parallel status to "Torah" in this Rav in Babylonia. The same attitude as verse. here, that all stealing is prohibited, is 208 This promise is connected with found in Mekhilta deR. Simeon bar honoring father and mother in the Ten Yohai, p. 153. 122 CHAPTER ONE

211 This argument is the base of Eternal is the God of truth." Rabbi Rashi's commentary on Berakhot 14b, Abun (Rabin) was a younger contem- on the statement that one is required to porary of R. Levi. end the recitation of Shema' with "the

3*1 .1D")3 Π8 ΟΓΙΊ TIO* ΓΟΊ? D3ÌO)pD >?ï) l££l

η>ζΐι voyi jiin^Tn τηψν wit?") .rnin it ογ>3 -mon narnp

VN\j> Jim i? >3"» ovn >£N >31 .*u?N»i ,ϋίηψ on

ιηψνψ oib? ΠΡΟ νηψ η>> Νίπ ρ VN NI >37 ion .ivhDi»)? niD-jari lìn>n^i 1903 '371 naarijo 3*17 .yçyj W ID IT) nvmn inip i>n no ov_^d3 ni-mn rinvìi mip mn V73 i>i>?n

>3>P3 ηψβ> 13!? ìj>N V7>?ÌN in? royo ^^n ìrilN

There it was stated ( Mishnah 5:1): "The official in charge told them212: recite one benediction! and they recited one benediction." What benediction did they recite? Rav Mattanah in the name of Samuel213: that is the benediction for the Torah. "Then they recited the Ten Commandments and the three sections of Shema'." Rebbi Ammi in the name of Rebbi Simeon ben Laqish: that means that the benedictions are no obstacle214. Rebbi Abba said: From here you cannot draw any inference because the Ten Commandments contain the essence of Shema'215. Rav Mattanah and Rebbi Samuel ben Nahman both say that it would have been logical to require that the Ten Commandments should be recited every day. Why does one not recite them? Because of the arguments of the Christians216, that they should not say that only these were given to at Sinai.

212 This Mishnah deals with the of services. The official in charge was details of the Temple service, in one of the small permanent staff of the particular the prayers of the priests Temple; the priests themselves were before the start of dawn and beginning divided into 24 "watches", one of which HALAKHAH 8 121 served in the Temple from the placing last benediction before Shema', which of new show-bread on the Sabbath to is praise for the Torah and its study, its removal the next week. These may take the place of the explicit "watches" are remembered in several benediction for the Torah (e. g., for kinnot for the Ninth of Av. somebody who came late to the 213 Rav Mattanah was a student of Synagogue and is reciting that Samuel, the head of the Academy of benediction before he had a chance to Nahardea and representative of the recite the benediction for the Torah), Babylonian tradition in Talmudic whereas the Yerushalmi requires two studies. benedictions unless one starts studying

214 Since it is implied that the after the recitation of the Shema' priests fulfilled their duty of reciting without interruption; see below and the Shema', it follows that the non- Tosa phot Berakhot lib, s. v. naa®. recitation of the benedictions 215 Since the benedictions for the preceding and following the Shema' Shema' were instituted for Shema' only, does not invalidate the recitation of they are not applicable to the Ten Shema' itself. Commandments; hence, the Ten The Babli (lib) has a totally Commandments, if recitcd at the start different approach. First, they note of the service, require the benediction that Rav Mattanah did not know what for the Torah. On the other hand, in benediction was recited in the Temple the preceding section is was shown that and then they report that Rav Yehudah Shema' contains allusions to all of the said in the name of Samuel that the Ten Commandments. Hence, Shema' is second of the daily benedictions in a sense a duplication of the Ten preceding the Shema' was recited. Commandments and a separate Rebbi Arami in the name of R. Simeon benediction would be out of place. ben Laqish is quoted that "benedictions 216 I'D always denotes a Jewish do not invalidate one another", i. e., the Christian. In the Babli (12a) it is said recitation of the second before the first that "the reading of the Ten Com- is not an obstacle. The essential mandments was stopped because of the difference is that for the Babli, the propaganda of the (Jewish) Christians."

ηψ-ja viip n>n vi? N*!^ ">3 rmrp rn ow? ino? -»3 twoyj >i->

.-na^n ηηρη!? ν!?^ OJIÏN ·)>*< nç >3901 ov-îrç? oy>:r> 124 CHAPTER ONE

va >an >a ·>νν >a-> .nn>pi na>ay rrç aina^ njin >3-1 rnTiri3 Π3ίη·>ψ "rçjJîpi* >3-1 "IÇN .ma>çi nN>*> irta 3iJiay >D«H3

.ouiriDai o>N>:m

Rebbi Samuel bar Nahman in the name of Rebbi Yehudah bar

Zebida217: It would have been logical that one also would have to recite the chapter of Balaq and Balaam every day218. Why does one not recite it? Not to incommodate the public too much. Rebbi Huna said, because it mentions lying down and standing up219. Rebbi Yose bar Abun said, because it contains the Exodus and God's kingdom220. Rebbi Eleazar said, because it is written in the Torah, in the Prophets, and in the

Hagiographs.221

217 A Galilean Amora of the second The quotes in the Babli are all in the generation, possibly a student of Rav in name of Galilean authorities. Babylonia. He is also the author of the 218 The blessings of Balaam, Num. parallel statement in the Babli (12b). 23:7 - 24:25. The statement of Rebbi Huna is given 219 Num. 23:24, 24:9. in the Babli in the name of Rebbi Yose 220 Num. 24:8, 23:21. bar Abun. The reasons of Rebbi Yose 221 In the Torah as indicated; in the bar Abun and Rebbi Eleazar in the Prophets Michah 6:5, in the Hagio- Yerushalmi are missing in the Babli. graphs Nehemiah 13:2

ron» an .iana nn .id-pi on") ηηκ nan? lanjj ηίίηφπ irfr *V3N

!?Νΐοψ >a-| .Jii-mçn id-»? ηϊ ν^πί .rnin nana w imw oy>a

.ni*m>?ri "«ν ->o>rn nvmpn ìnìp Ι>Π¥ nona >377 νηκ 222"The official in charge told them: recite one benediction! and they recited one benediction." What benediction did they recite? Rav Mattanah in the name of Samuel: that is the benediction for the Torah. But they did not yet recite "Creator of the Lights!223" Rebbi Samuel, brother of Rebbi Berekhiah, said: there is no light yet and you want to recite "Creator of the Lights"? HALAKHAH 8 m

222 In the Babli, this piece would be Berekhiah, is one of the authors of the introduced by KD« "let us return to our oldest sections of . main theme." Such a reference is 223 The first benediction before the always missing in the Yerushalmi. In Shema', a celebration of God's creation the Babli, this argument is an of the sun. The corresponding anonymous tentative statement (12a). benediction in the evening is a Rebbi Samuel, brother of Rebbi celebration of God's making the world Berekhiah, is an Israeli Amora of the revolve alternatingly into darkness and fourth generation. His brother, Rebbi light.

η i3>o ion ,n?*u imp .Nsvn ππν nana vs'pi»

.min.! Π2Γ)Ν"! τηηκ dd>?>? y\?> rrçn Ji>33 piwri ν>π (Tamid Mishnah 5:1) On the Sabbath they add one benediction for the departing watch. What kind of benediction? Rebbi Helbo224 said, that is it: May He Who resides in the Temple plant among you brotherliness and love, peace and neighborliness.

224 A Babylonian, student of Rav Huna and colleague of Rav , who emigrated to Galilee and became student of Rebbi Samuel bar Nahman and Rebbi Ammi. He was the main teacher of Rebbi Berekhiah. His statement appears in the Babli in identical form (12a). vçyj Tinp -»πν> tjns vny) nnp oiip τιύψ> ο>?ψη -içn twiov» •pio? -Ϊ&Ν N3in .Ί31Ν ^ Nini N3 >3Ί "V?N .îp}!? \>H >3"! ογή "pn>p >3-1 .:p.3> rjns 1>N ™:>!?l! «>17»? o'-oin

V?n3 13 N»n 3i -«ON .-pn> rjns jiiD^n pi vsh.in γ* η>

.ro-an} Ί^ρρ* ni:>£n v? v-nrs i>3 m. >ioip Samuel said: If one got up early to study before he recited the Shema' he has to recite the benediction. After the recitation of Shema' he does not have to recite the benediction. Rebbi Abba225 said, that is only if he studied immediately. Rebbi Huna226 said: It is reasonable to say that for 126 CHAPTER ONE

exegesis227 one has to recite the benediction, for practical rules228 one

does not have to recite the benediction. Rebbi Simon in the name of

Rebbi Joshua ben Levi: Both for and for practical rules one has

to recite the benediction. Rav Hiyya bar Ashi said: When we were

sitting before Rav, he always required us to recite the benediction both

for exegesis and for practical rules229.

225 The opinion of the Yerushalmi 227 It seems that here ©π» includes

is that the benediction before Shema' is both exegesis of the Torah and exe-

no substitute for the benediction on the gesis of the Oral Law, anything that is

Torah. The statement of Rebbi Abba, not obvious either from a biblical verse

Babylonian immigrant to Israel, former or from a Mishnaic statement.

student of Rav Yehudah, the student of 228 Practical rules, n^n, refers to

Samuel, harmonizes Babylonian the memorization of fixed statements

practice, expressed by Samuel, with which are immediately applicable,

Israeli theory by accepting the whether a Mishnah, Tosephta, or a

Babylonian practice but making it deciding statement of an Amora.

impracticable, ιηκ is the same as 229 In the Babli (lib), Rav Hiyya bar

Babylonian inVitV "on the spot, im- Ashi, the student of Rav, notes that for

mediately." his early morning class, Rav washed his

226 From the parallel in the Babli hands, recited the benedictions, and

(lib) and the order of statements it proceded to teach the Midrash

seems that "Rebbi" here in the Yeru- on the Torah, thus combining

shalmi is a scribal error for Rav; the all aspects of Torah study. In the

author of the statement is Rav Huna, version of the Babli, the statement of

the student of Rav from the family of Rav Hiyya bar Ashi is separate from the Resh Galuta. The discussion in the the preceding discussion and seems to

Babli is much more detailed, starting indicate that the different aspects of

with the study of Scripture and going Torah study should not be separated, in

into the details of the sections of the contrast to the Yerushalmi version.

Oral Law. HALAKHAH 8 127

>3-1 OW3 NVJ^ >3*1 .Vri V1HNP >3 Oy ΝΊ.ίρΓΙ >3ΓΙ

1>νψ -ms ν)?ψ >ì"iipl VPÎ>5 Ί^ΐη ijni> >3-11 >ioi>5 >ön

N*ÌÌ3>Ì» NJ1N NJV^Jl!? ì(7?3 ΝΠΝ >311 >t>Ì> >3") -llî? ΌΡΟ N^l noi> >3*1 n>> ,i7>3 »ir»? νπν ni WV -m? yçyi npini n*>flj}3 lioi»^ H? N^N rmiN i>"ÓP oto? rmjiyn ηηίκ wip ->3? Ν>ΓΠ in DI13ÌV3 m» k^V Jiioinnn vap n>> .rnin 137

.rmiN mip

It was stated230: He who recites with the men of Maämad231 has not done his duty since they were too late. Rebbi Zeira in the name of Rebbi

Ammi: In the days of Rebbi Yohanan we went out for a fast-day and recited Shema' after three hours and he did not oppose us232. Rebbi Yose and Rebbi Aha went out for a fast-day. The public came and recited

Shema' after three hours. Rebbi233 Aha wanted to oppose them. Rebbi

Yose said to him: Did they not recite at its due time234, now they only recite it in order to stand in prayer after words of the Torah. He answered back: It is because of the uneducated, who should not say that the recitation was in its correct time235.

230 A somewhat different version of delegation, the Men of Maämad, were this baratta is in Babli Yoma 37b. the representatives of the Jewish 231 The land of Israel was divided people at the daily sacrifices. Since into 24 districts, corresponding to the these sacrifices started very early, the 24 families of priests, and every week men of Maämad had to participate a select group of laymen from the before they could hold their prayers. district in charge of the week came to Therefore, they started their morning Jerusalem to be present at the prayers only after the daily morning sacrifices. Since public sacrifices were sacrifice was completed. By that time, brought on behalf of the entire people, it was later than three hours into a sacrifice must be brought with its daylight and anyone else would be too owners being present. The lay late in their recitation. 128 CHAPTER ONE

232 In Israel, a fast day usually variable hours (one quarter of the time meant a day of fasting for rain. The between sunrise and sundown). services for these fast days were 233 The reading 31 that is found in always held in the public square, all printed editions and manuscripts is therefore one had "to go out". Also, the clearly a copyist's error; the entire sermon was given before the start of discussion is about rain fasts in Israel prayers since a sermon after prayers and only Israeli scholars are involved. would not do much good and on 234 At the time of the morning fastdays the regular service, with an benedictions that were said at home, extended Amidah, was said. By the not in the synagogue. time that a great many people were 235 The disagreement between assembled and the sermon was given, it Rebbis Yose and Aha is not resolved in was rather late, later than three the Yerushalmi.

JV3VÏI ni3"pì onì£pn οίη royn WÍÓ ηΐη? ID? VpnNwyy ni:m ì!w rnzm lim .Nin -na ok nìd osn i>D>ri on -do ow vniD-ian roriDN no-ni iwnn η?-μι ni-pan ^"î jiiiîwan ^-ιηφπ io?

TVp^n -PINO D*TN Ν ΓΙ .")Ν)3ΓΙ 1ΠΝ ptKSn T1?"|3 ty

γπφ rnpN ν "τ Γ) nawjp τη nrj -imponi ri3iî>? rrç nn Tinaón wt no ρ

«Vpio Νίπψ ΝΠ .n^VE? ΐ>ΐΠ\ί>> I1"!* nt

.Π3 Ni? ñ> VVO NÌD) ΊβΝΓΙ ΗΪψ TIÜV >31 ION .îjnNO

ΪΗ'ΪΨ ^Nii? ΊΟ')? in^ 13 013>

These are the benedictions that one makes long236: the benedictions for

Rosh Hashanah and , and the benedictions for a public fast day. From his benedictions one can tell whether someone is a scholar or is uneducated. These are the benedictions that one makes short: He who makes a benediction over a commandment and on fruits, the introductory paragraph of Grace237, and the last benediction in Grace after the meal238.

Hence, all other benedictions one should make long. Hizqiah239 said:

From what we have stated: He who makes it long is despicable, he who HALAKHAH 8 129 makes is short is praiseworthy, which means that this is not a principle240. We have stated: One has to make long the benediction "Who saves Israel" on a fast day241. Hence242, the six additional benedictions he should not make long. Rebbi Yose said: You should not say: because this is part243 of Shemoneh Esreh one should not make it long, therefore it is necessary to say: One has to make long the benediction "Who saves Israel" on a fast day.

236 In a different order (short, long, Seventh benediction followed by six recognize) the statement is found in additional ones, detailed in Mishnah Tosephta Berakhot 1:6. In Tosephta 1:7, Taänit 2:4) which were not those of the the list of the short benedictions is congregation, but of the cantor who in repeated as that of benedictions which Israel at that time was supposed to do not have a separate ending (where, present his own compositions, and those however. Rebbi Yose Hagalili disagrees of the list had to be long. Then there about the fourth benediction of Grace.) exists a short list of short benedictions Towards the end of the Halakhah here. that may not be lengthened by poetic Rebbi Yudan will explain that To- insertion. And finally, there exist the sephta 1:7 gives the definition of benedictions not mentioned here at all, "short" in the Mishnah and Tosephta like the benedictions before and after 1:6; hence, it follows that "long" is the recitation of Shema', where it seems identical with "having a separate the cantor may produce poetic in- ending: Praise to You, o Eternal, . . ." sertions without being characterized That identification has been accepted either as scholar or as uneducated. by most Medieval authorities. 237 Some Medieval authors (e. g. However, originally the definition Se fer Hamanhig, Hilkhoi Seudah, #16) seems to have been the one given here read "the benediction over food (fila)" and in Tosephta 1:6, viz., that there instead of zimmun (ρη··!), the intro- exist benedictions, those of Musaph of ductory paragraph. This reading would Rosh Hashanah, all prayers of Yom explain the seemingly redundant Kippur with the Confessions, and the "Grace after a meal" but is it not additional benedictions in the prayer of supported by any manuscript either of a public fast for rain (a lengthened the Yerushalmi or the Tosephta. Sefer 130 CHAPTER ONE

Hamanhig explains this "benediction Hiyya, collaborator of Rebbi Yehudah over food (lira)' as the benediction the Prince. before the meal. 240 The benedictions not mentioned 238 The last benediction was may be enlarged by poctic insertions originally only "Praise to You, o Lord, but do not have to be long. King of the Universe, Who is good and 241 With poetic or Biblical in- does good" (Talmid Rabbenu Yonah, sertions. Alf assi Berakhot 36a). The extensions 242 Since the next six benedictions that today make the benediction short are not mentioned in this . in form but long in text are mainly of 243 Of the everyday prayers. One Babylonian origin; cf. the discussion in has to assume that Rebbi Yose would the author's The Scholar's Haggadah, classify the ρηρ insertions on as pp. 358-359. short. 239 One of the twin sons of Rebbi

.«lito n^nri oninrn .«in?·) iwióa ina vnoivrç» ritan? totf

313 pn?> >an ,nw> ÌJIÌN γΐφν ro^ui roñaba ïy nniwn

ν«ό nD-53i «ιίυ ïy noiw ins >i> 13 yvin» >3") ow3

η> 13 yyihn> >31 0W3 ήη>ρ >3i .Γοητ3ΐ «po') ro*uì rqyr^

>n>ï NOVO >NO .iji£>3jr!?3 o>!?wç κιηψ ύ>Ν üite Νΐηψη op τΐΝ*η Π3>Π3ΐΠ"^3 UNÌ n^anrri?? ΠΝ * ^>3τιπ> nb>w rito??

,V3-¡3 ^ * Π3ρ >}?>)?

These are the benedictions for which one bows down244: The first245, beginning and end; "thanks", beginning and end. One who bows down for every benediction is taught that he should not bow down246. Rebbi Isaac bar Nahman247 in the name of Rebbi Joshua ben Levi: The High bows down at the end of every benediction; the king at the start and the end of every benediction. Rebbi Simon in the name of Rebbi Joshua ben

Levi: Once the king bows down deeply he does not get up until he finishes his entire prayer249. What is the reason? (IKings 8:54) "It was HALAKHAH 8 131 when Solomon finished all this prayer and supplication to the Eternal, he got up before the Eternal's altar and did no longer bow down on his knees."

244 Here one does not talk about the "Shield of Abraham." recitation of the Shema' and its 246 Either because he imitates benedictions at all but about the behavior reserved for the High Priest eighteen benedictions of the Amidah, or because he is ostentatious in his the subject of Chapters 3 and 4. In the religiosity, an objectionable behavior. Babli, the place of this discussion is in 247 One of the students of R. Joshua Chap. 4, p. 34a. The reason that the ben Levi in the early Talmudic period. subject is taken up in this context in 248 It seems that the statements of the Yerushalmi is that in the Tosephta Rebbis Simon and Isaac ben Nahman (Berakhot 1:8) it is dealt with im- refer to two different statements of R. mediately after the discussion of short Joshua ben Levi: The first one is about and long benedictions. (In Tosephta bowing down like everybody else, the and Babli, the verb "to bow down" is second one is about kneeling, as in the ππφ, not nn® as in the Yerushalmi. This Musaph prayer of Rosh Hashanah, is another indication that the Tosephta when everybody can get up except for in our hands today is a Babylonian the king (according to Rashi in the edition of an originally Israeli text.) Babli, 34a, because with increasing 245 At the very start of Shemone earthly power comes the need for Esre and before the benediction increasing submission to God.)

»31 ΠΝΊζΙ Nil. N>>0 DDn? ΝVI It >N"| D^np N'il Η >N

.Nain? Νίη ηρρη >3") nyn? ηκηο »P'P ">3 .NS"ÌW) ηορη

249What is bowing down to one's knees and what is kneeling? The great Rebbi Hiyya demonstrated kneeling before Rebbi, he got up lame and was healed. Rebbi Levi ben Sisi demonstrated bowing down to his knees before Rebbi, he got up lame and was not healed.

249 The origin of this short insertion Rabban Gamliel, on occasion of the is Sukkah 5:4 where it is reported that joyous dance for the drawing of water 132 CHAPTER ONE on not only had a fire dance introduction has fallen out here and the with eight different torches swirling in two terms nana ,nvna have been the air but also showed "bowing down switched. What the Yerushalmi calls to one's knees" as making a push-up by nana, the parallel in the Babli supporting oneself not on two hands ( 22b, also Berakhot 34b) calls but only on two fingers. This m'p, "falling on one's face".

*V?N .-Tjaiy rvn 250oni?i p-f^i -pjr, >3-, niovu?

νήροη n>a iao3> κ^ψ ì^n ο?9?3 JO>3N ">3 >3">

.DÙ3

(1 Kings 8:54) "His hands raised to Heaven."251 Rebbi Ay vu said: He was standing as if inanimate. Rebbi Eleazar bar Avina said: He made clear that these palms did not get at all dirty during the building of the

Temple252.

250 Reading of the Rome As Levy recognized, ηοι is the same as manuscript; Leyden and Venice: D'npi •pu. The word is Greek νεκρός "inanimate" 252 He seems to emphasize that (adj.). Solomon raised his "open hands", not 251 This is the end of the verse his "hands", to show that from all the quoted earlier for Solomon's prayer. riches that David had assembled for The text of the Venice edition here is the building of the Temple (JChr. 29:1- inferior to that of the Rome manuscript 9) not a penny was sticking to his own that has been followed. (In the Venice palms. print: vnrn is missing, iboj for lBor.)

>3*i .riNiina n>>y) oy pnniw ϊόη 13 Nria^D >3Ί njji

.«po"! n!?>nj? ioy nw> >7? nniip> "130 io>y^ >3"! .OHÌ03 salpai ion

(foi. 3d) vi inn γό ιών "Ρψη^ i>dto "pripn hotù p^v7 i? πψ >a-> n>ni> >3*1 DW3 ijnv >3*1 DW? pv>pv> >3"i i3>o '3Ί WV N^I

Nnnn inPfcH n>N"| >N»>P >3·) 0W3 N>»n >3-» >3"! ογ>3 »ovo »3"» HALAKHAH 8 122

->w πίη3γήπη nibif ninarrîrç γηπ iÇy onio >si ογή wjjop O>TM? η>η>ρ JI>wni3 "«ν o^iyn >n Ί3 N3 .Jiiiqinn bN * njw ina 79ψ> imin!? «mnpì «riyrPI >3 >Γΐΰψ unJ? Jmin> ν?>>η «Ny 7^ «OJN D>7ÌO 3Ί_ οψ3 NI?Î -13 !?íoov> ,3Ί .nihninn ìw * ππν 7m n>79 ιψΝΐ 71? ηηφίΝ >η> D-J133I t> 7>?ψ> ΠΠ^ ΝΠΝ >3Ί ΟΥή Ν>5>Ν liOjppny «>Γΐί3Ν >Γ0Ν1 * Impipo lian Tiv VN") CPOm N>)p1 0>?Ì33 0>>?Ì3 70W NÌD ΠΓΙΝ >3 W>J)3>fl30 Tfc Π9>3? 71? njjn? -χ? *içn losp ->3 .niN7inn ΪΗ * njw ins 773!?» n-inîDl * liw^D V3^ri 77?"^? y-pn 7> n?>-o 7^ n>inny)n !?b> Nvonpn") nD^pon v> ><7.N3i o>o^3 bb Tinnì n^n) iridano) !?7Ì> 77^31 n7i3?i ró 77^31 toj bwin nmi 7>?a>o liasn) -t^vni Wiób 3>"!?33 7Γ17Ν9Γ) 0>>>ηρΐ 7^ 13Π3Ν OHIO Wl^N nnyi tt p*.n>ì lîçjp ^P0? ·>η * ηηοΝτι οηηΓίνη V?37 ll^ '37 .niNiinn Î7N * nriN 7ns frçto» ^Vì .N771 in Ν7Γ1 ÌN V">W7 Γ>>ΚΊ "prfr1» V7>?N Rebbi Halaphta ben Shaül253 stated: Everybody bows down with the cantor for the benediction of thanksgiving. Rebbi Zeira said: But only for the word modim. Rebbi Zeira was attentive to the Qeroba254 to bow his head at the beginning and at the end. Rebbi Yose when he came up here255 saw them bowing down and whispering. He said to them: What is this whispering? He had not heard what Rebbi Helbo, Rebbi Simeon said in the name of Rebbi Yohanan, in the name of Rebbi Jeremiah256, Rebbi Hanina in the name of Rebbi Miasha257, Rebbi Hiyya in the name of Rebbi Simai, and some say, the colleagues258 in the name of Rebbi Simai: We thank You, Master of all creatures, God of praises, eternal Rock, Life of the Universe, Creator, Who resurrects the dead, that You have made us alive, kept us, gave us merit, supported us, and brought us near to give 134 CHAPTER ONE thanks to Your name; praised be You, o Eternal, God of thanksgiving.

Rebbi Abba bar Zavda259 in the name of Rav: We thank You since we are obliged to give thanks; may my lips sing, for I shall sing to You with my soul that You have redeemed; praised are You, o Eternal, God of thanksgiving. Rebbi Samuel bar Inia260 in the name of Rebbi Aha:

Thanksgiving and praise to Your name, Yours is greatness, Yours is strength, Yours is glory! May it please You, o Eternal, our God and God of our fathers, that You may support us in our fall, straighten us up from our bent state, because You support the falling and straighten up the bent ones, You are full of mercy and nothing exists except You; praised are

You, o Eternal, God of thanksgiving. Bar Qappara261 said: For You we fall down, for You we bend down, for You we prostrate ourselves, for

You we kneel, to You every knee should fall down and every tongue swears. (IChr. 29:11-13): Yours, o Eternal, is greatness, strength, glory, victory, and majesty, truly all that is in heaven and on earth; Yours, o

Eternal, is the kingdom, and You lift Yourself over all as head. Riches and honor are before You, You rule over all; in Your hand is power and strength, it is in Your hand to make great and strengthen everything. And now, our God, we thank You and praise Your glorious name; with all our heart and soul we prostrate ourselves before You. (Ps. 35:10) My entire self shall say: O Eternal, who is like You, Who saves the destitute from one who is stronger than he is, the destitute and poor from the one who robs him. Praised are You, o Eternal, God of thanksgiving.

Rebbi Yudan said: the rabbis used to say all of these262. But some say, either one or the other.

253 An Amora of the first gcner- quoted as a Tanna. His opinion is the ation in Israel who occasionally is only one given here, to the effect that HALAKHAH 8 135

one has to bow down at modim. The and Amorai'm) and a slightly longer Babli (Berakhot 34b) quotes that Rava, one by Rav Aha bar Jacob (a student of Rav Nahman and Rav Sheshet actually Rav Huna, the student of Rav). Most of fell down on their knees for modim; these texts are so short that they do not the Talmud quotes a baraita which lead to the congregation whispering for explicitly forbids falling down on one's any length of time.

knees. Louis Ginzberg assumes that in 256 A Tanna of the last generation, Israel, falling on one's knees was student of R. Yehudah ben Batyra. always strictly forbidden since their 257 One of the first Tannai'm with synagogues were built of stone with the title of "Rebbi", from the last times stone floors and falling on one's knees of the Second Temple. on a stone floor outside the Temple is 258 The collective of scholars in the forbidden. In Babylonia, where Yeshivah. synagogues were brick with hardened 259 An Israeli Amora who received dirt floors, falling on one's knees was his training in the Babylonian academy permitted. of Rav.

254 Qeroba is the cantor, the n'Vw 260 A student of Rebbi Aha, Israeli nia'x, who presents his own poetic Amora of the fourth generation. The offering of the prayer, the qerovut, name of his father cannot be deter- manp or fanp, to the congregation for mined with certainty; the form given the repetition of the Amidah, as noted here is from the Rome manuscript. In by L. Ginzberg. nao here seems to the Venice print it appears as Mina, at mean "to be attentive", as in the other places in the Yerushalmi it exclamation before the qiddush nao appears as Ina, Idi, Bina, Yonah, Yanna, "please pay attention". Yannai. The fourth generation of It seems that Rebbi Zeïra timed his Galilean Amorai'm saw the Roman thanksgiving, one of the longer texts empire become Christian and lived given here, so he could end his through the first persecutions that benediction in unison with the cantor. finally forced the following generation 255 "Coming up" means making to abandon the work on the Jerusalem from Babylonia to Israel. The Talmud. Babli (Sota 40a) also reports very short 261 A contemporary of Rebbi who texts by Rav, Samuel, Rebbi Simai (also also made his own compilation of of the generation between Tannai'm Mishnayot. His full name was R. 136 CHAPTER ONE

Eleazar, son of R. Eleazar the Qappar. in all Yerushalmi versions this is a Since his name is identical to that of formal benediction.) his father it is clear that he was a 262 Statement of Rav Papa in Babli posthumous child; cf. E. and H. Gug- Sota 40a. It appears from here that genheimer, Jewish Family Names and Rav Papa (fifth generation in Baby- Their Origins, Ktav 1992, Etymolo- lonia) had good precedent for his gisches Lexikon der jüdischen Fami- ruling from Rebbi Yudan (fourth liennamen, München 1996, both p. xviii. generation in Israel). The method of While the previous texts were Rebbi Yudan/Rav Papa is more quoted in historical order, the text of adequate to a collection of short Bar Qappara should have been the statements as given in the Babli than to first. The reason may be his extensive the very long pieces quoted here in the use of Biblical verses that were a Yerushalmi. matter of controversy, see below (and

V1ÎJ3 "P2V? N>T TIN!??1) TV)?*)? >3") "MON .WTO *ÌJ1Ì> NW| Ν>Ψ Ϊ3>:Η >333

NP>? NI -»3 ")im .qioD >>? •>·> nnpNri ba N^ navnn

•pay JVP07 Nn_3r£ -»ON NS -U ijirr

N3 .npiw Π3ΠΝ rp-ia .>niû by p^)) op·) biooy >ηίρ rmnmi

>3"! DON .CPFLLFL? IPIT >'> NOVO IIN)?N ION *V3N BÍOOYJ .

N>TD NIN I!?N IHN >31 ΙΏΝ ,ΝΙΠ πη>3 Ν£Ν Ν-ΑΠΥΑ NB >ΟΝ

η^Ψ m Dlip .Νΐη πηο >οψ υρη Ν^Ν α>τρ ΓΡ> ,ΤΠΝ? ΝΙΠ ηη>3

,ΝΙΠ ηη>3 "»as own η^ι

We have stated: Only that one should not bow down too much263.

Rebbi Jeremiah said: On condition that one should not behave like that large lizard264, but (Ρ s. 35:10) "All my bones should say, o Eternal, who is like You?" The word of Hanan bar Abba265 disagrees since Hanan bar

Abba said to the colleagues: I shall tell you one of the good things that I saw Rav do and, when I told it before Samuel, he got up and kissed me on my mouth. At "praised are You", he bows down. When he comes to HALAKHAH 8 122 mention Hashem, he straightens up. Samuel said: I shall give the reason

(Ps. 35:10): "The Eternal straightens the bent ones." Rebbi Ammi266 said:

It is not reasonable, but (Mai. 2:5): "Before My Name he is low."267 Rebbi

Abun said: If it were written "at My Name he is low" then you would be right, but it is written "before My Name he is low", before he mentions

Hashem he is low.

263 After the digression about the should bow down enough so that all text of the private prayer during bones of one's spine are moved in modim, the discussion now returns to God's praise. the statement that one has to bow 265 Hanan bar Abba appears in the twice at the beginning and the end of Babli as Rav Hanan bar Rava, son-in- the Amidah. law of Rav and father-in-law of Rav 264 Arabic lirin ,]rnn "large lizard". Hisda. He disagrees with those who Tosafot Berakhot 12b in the Venice bow down at modim and remain bowed print quote this Yerushalmi as XJivn to the end of their private supplication, and declares it to be the Yerushalmi even though he formulates his state- translation of a* (Lev. 11:29). In the ment in terms of the first benediction Wilna Talmud Babli, the word was of Shemone Esreh which starts and changed to xainn following our text. ends with "Praised are You, Hashem", In the Targum Yerushalmi (Pseudo- but his statement is applicable to all Jonathan), the translation of ax is other situations, that one never should Kii-nn. It seems that the Targum be bowed when mentioning the Name. Yerushalmi takes Hebrew a* as parallel 266 Since Rebbi Ammi and Rebbi to Arabic ai "lizard" (of all sizes), not Abun the first (Ravin) were con- as "turtle" as in late Biblical and temporaries, R. Abun here is the first, modern Hebrew. not his posthumous son of the same Rebbi Jeremiah means that, while name. Rebbi Ammi also is the one should not bow down too much, on contemporary of R. Hiyya bar Abba the other hand one should not behave mentioned in the next section and, as like a lizard which keeps its body quiet successor of R. Yohanan as head of the and moves only the head when it is Yeshivah of Tiberias, he is the higher catching flies. He requires that one authority. 138 CHAPTER ONE

267 The verse in Maleachi refers to root nnn "to tremble" but the Amorai'm Levi, son of Jacob, or Aharon, the High take it as derived from (Aramaic) nm Priest. Most commentators of Psalms, "to descend". including Rashi, derive nm from the

>N70 irii> ηηψψ -rnya nwyo N3>3n na Non >a-> owa ina na >ai

-»a N»n >ai n>> -içn .-i>ai»5 nin ijnv >an ion >)3N >3-» .'an

,-iyi "vapo n>n iO

Rebbi Samuel bar Nathan268 in the name of Rebbi Hama bar Hanina:

It happened that one bowed down too much and Rebbi removed him.

Rebbi Ammi said, Rebbi Yohanan did remove. Rebbi Hiyya bar Abba said, he did not remove but scold.

268 A student of R. Hama bar be allowed to bow down too much, Hanina, the son of R. Hanina ben Hama only that he cannot be removed. This of the generation of Rebbi. Since is the interpretation ol Maimonides Rebbi Yohanan did know Rebbi Samuel (Hilkhot Tefillah 9:4, see Kesef bar Nathan in his old age, it follows Mishneh on that text). that the two stories are complementary, It is difficult to decide the opinion not that there is a difference of of the Yerushalmi about whether in opinion on who removed the cantor practice one removes or simply scolds because of his excessive bowing. It is such a cantor since Rebbi Ammi is in clear that we are talking about a general the higher authority but Rebbi cantor because only he can be removed Hiyya bar Abba is quoted in the last, from office by the Rabbi. This does preferred, position. not imply that any congregant would

mvn on") :p*m ina "ρηιήΑ nto-rarrìo ira vnjpiay Jitona tin*

.rp-aa ina "propia ν« n^s^ì νηψ nnp "pi? rmvan^ roiop ro-n

These are the benedictions one begins with "Praised". All benedictions one begins with "Praised", but a benediction following another one, e. g., the recitation of Shema' and Amidah, one does not begin with "Praised".269 HALAKHAH 8 139

269 This statement exists in two form otherwise is taken for granted. additional versions. In the Babli The main difference between the (Berakhot 46a) it reads: All Babli/Tosephta and the Yerushalmi is benedictions one begins with "Praised" that the last benediction for the Shema', except for benedictions over fruits, the one recited after Shema', is obligations, benedictions following considered by the Yerushalmi to be the another one and the last benediction of continuation of the second benediction the recitation of Shema'. In the before Shema' but for the Babli it Tosephta (Berakhot 1:9) it reads: All needs special mention. The benedictions one begins with "Praised" consequence is that for the Yerushalmi except for benedictions following all prayer benedictions separated by another one and the last benediction of Scriptural readings from a preceding the recitation of Shema'. benediction are considered consecutive

The versions of the Tosephta and (the benedictions after the morning the Babli are essentially identical, Psalms and Hallel) whereas for the except that the Babli for completeness Babli each one needs special treatment. includes the short benedictions of one The first objection to the rule given in sentence for the execution of a the next paragraph is therefore mitzwah and for eating food, whose impossible for the Babli.

ny>?!{» ON ·)3ην tm ,Ν>η rfriN? nm n>n-p rn n>nn

.naio nrp_ npv >pip nov >5 3>rin ,ns> nppn n>aa

nn*·) Nin!? ηηκ nan o>rrç> -ION

Rebbi Jeremiah objected: But there is "redemption"270. There is a difference since Rebbi Yohanan said271: If he heard Hallel in the synagogue he has fulfilled his obligation. Rebbi Eleazar, the son of Rebbi

Yose, objected before Rebbi Yose, but there is its ending.272 He said to him: there are two, one for the future and one for the past.273

270 The answer shows that the Eternal, our God, King oi the Universe, question is about the benediction at the Who has redeemed us and has end of the recitation of the Haggadah redeemed our forefathers from Egypt in the Seder night: "Praised are You, o and let us attain this night to eat 140 CHAPTER ONE mazzah and bitter herbs. May it please benedictions before and after); then the You, o Eternal, our God and God of our people could go home and just recite fathers, to let us attain in peace more the benediction for redemption, drink festive seasons and holidays, when we four cups and go to bed. The text shall rejoice in the rebuilding of Your there seems to imply that the required city and enjoy Your service. There we recital of the Exodus likewise was read shall eat from the family offerings and to them in the synagogue. The the pesah sacrifice whose blood shall generally accepted implication of this reach the wall of Your altar for and the following arguments is that any goodwill. Then we shall thank You benediction which under some with a new song for our redemption circumstances could be rccited by itself and the liberation of our persons. has the status of a benediction that is Praise be to You, o Eternal, Who did not following another one (Rashba on save Israel." Babli Berakhot 36a). This benediction follows the 272 There is much controversy recitation of the first two Psalms of about the meaning of this question; Hallel. It is clear from here, and from every commentator has another inter- the parallel in the last Chapter of pretation. In the author's opinion, this Yerushalmi Pesahim that in Israel in is a complete parallel to the identical Talmudic times one preceded the question asked later for Qiddush and recitation of Hallel by a benediction refers simply to the concluding state- (the details are discussed in the ment "Praise be to You, o Eternal, Who author's The Scholar's Haggadah, pp. did save Israel." Since this follows the 317-318). Hence, by the principle of entire text, it certainly is a benediction the Yerushalmi, this benediction should following another one, so why does it not start with "Praised". repeat "Praise be to You, o Eternal"? 271 Pesahim 9:1, fol. 37c. In Galilee 273 A statement of Rava in Babli there existed congregations which were Pesahim 117b notes that the bene- illiterate except for the cantor, where diction for redemption after Shema' no one could recite the Hallel or the and in the Haggadah is Vx-iur· Vxj but entire Haggadah at home. For these that in the Amidah prayer is blow'' people it was instituted that Hallel The same formulation, Vm®' Vkj, is should be recited in the synagogue found in the Mishnah Pesahim and is after evening prayers (with its followed by the Haggadah texts with HALAKHAH 8 141

the exception of the Yemenite ones. tradition, strictly based on the Babli, The unvocalized text of Mishnah and cannot be expected to disregard a Talmud is read Vk-jw' Vkj in the past prescription of that Talmud. Hence, it tense. Then Rebbi Yose's statement is possible that Rava did read Vtu makes sense. Since the text con- tonto?, a pa'el form of the present [cf. S. centrates on the future after a per- Morag, Vxenj pai Vkb via, Tarbiz 26 functory mention of the past, the (1957), 349-356 and the material conclusion by a benediction for the quoted in the author's The Scholar's past is a change of theme and, there- Haggadah, p. 322.] The Yerushalmi fore, the concluding phrase has to be here shows that the Israeli reading was considered a separate benediction. Vktw·· νκλ Hence, identical (con- -• τ : • - » * [Rebbi Yose belongs to those author- sonantal) wording in Babli and Yeru- ities who require that the topic of the shalmi does not necessarily imply same final benediction should be repeated text and same meaning. Since Italian immediately before the final sentence. and Northern European Jewry obtained His opinion is superseded here by that their prayer texts from Israel, probably of Rebbi Mana later in the discussion in the Mishnaic period, it is the rule but is taken up again by Rebbi Aha.] that their prayer texts follow The very conservative Yemenite Yerushalmi sources. lin-) ïnap >?Ί ">3 NI ΊΟΙ ,N>n nr) "P^rin

n>n Ν3Ί Ν»Π >3") .Ό13ΓΙ "?)> I^ÍD-)

They objected: There is Havdalah,274 There is a difference since Rebbi

Abba bar Zavda said that Rebbi was dispersing them and collecting them on the cup. The great Rebbi Hiyya was collecting them275.

274 The Havdalah benediction at follows the other ones. The answer is the end of the Sabbath is preceded by that the benedictions over spices and benedictions over wine, spices, and fire are recited in order only for light. These are all short sentences and , not out of necessity, and it is universally agreed that they should that Rebbi did recite them separately. start with "praise". The only problem is Hence, Havdalah is a potentially free- the Havdalah benediction itself, which standing benediction, but it follows 142 CHAPTER ONE always the benediction for wine. The benedictions on the cup lor his family, objection based on this is not raised, not for himself. but it will be raised for Qiddush and 275 Being a Babylonian, he never the answer given there also applies gave up Babylonian practices even here. It is explained in Babli Pesahim though he spent his life in Galilee. 54a that Rebbi was collecting the other

onpiN I»!??ÌNI "ραψν ουψ ι>π .Ν>η Ν^ψ ,:ρα) nrj yn'iin

.173Π T12S Ί ξΠ η Γ]

They objected: There is Nevarekh.216 There is a difference, because if there were two sitting together and eating they would not say Nevarekh.

There is "He Who feeds all"277; that is difficult.

276 The introductory section of 277 This is the concluding bene- Grace after meals, known as ·ρη*τίΐ nana, diction of the first paragraph of Grace; "the benediction of preparation". This the question is parallel to that asked introductory paragraph is recited only for the concluding paragraphs of when at least three people are eating "redemption" and Qiddush. The lack of together who are obliged to recite an answer here is provisional; the final Grace in the same degree of obligation. answer of the Amoraïm of the last Hence, Grace itself must start with Galilean generation covers all these "Praised". cases.

rrmp> ΛΓ)>3 >vnrt UJ^W ϊοιπ η. -ιηκι .N>n .i'unni ηίυη nn

.Γηιηρ> 2>ρηΓη ,ιηηοη .rpvpnn·) nion n^pD

There is "He Who is good and does good"278. There is a difference since Rav Huna said: When permission was received to bury the slain of

Bethar, "He Who is good and does good" was fixed, "He Who is good" because they did not rot, "He Who does good" because permission was received to bury them.

278 The fourth section of Grace that theless starts with "Praised". The clearly follows the third but never- answer is that the first three sections HALAKHAH 8 142

278 The fourth section of Grace that constitute Grace as required by the clearly follows the third but never- Torah, while the fourth starts Rabbinic theless starts with "Praised". The Grace. answer is that the first three sections

oi»n v^v ""V3P ππίνή a\¿n> n>n οκψ ,ιόπ ,n\jmp κη

33 JTb-o ooio Njn >a-> -»ON .ríalo ΝΠ) .laari na »aia tnw ί3>κψ

.*jroa oriin ύηο nrta? 10a Oí)ís üa\?p ,νιπ

.tp-α? ·)ζΐ3 oriin-} ^naa ina nriia nao®

There is Qiddush279. There is a difference since if one was sitting and drinking when it still was day and the holy day came upon him, he does not say "Creator of the fruit of the vine." But there is its final sentence?

Rebbi Mana said, the type280 of benedictions is like that. Rebbi Yudan said: A short form starts with "Praised" and does not end with "Praised", a long form starts with "Praised" and ends with "Praised".

279 The main benediction follows sentence again starts with "praised." the benediction over wine (or over 280 Greek τύπος, "pattern, model, bread) and, nevertheless, starts with prescribed form". Rebbi Mana was a "Praised". The answer is that Qiddush student of Rebbi Yudan who uses the during a meal does not require the Hebrew vaoo "coin" for "form". The benediction over wine even though students of Rebbi Mana were the there is an interruption in the meal collectors of the Yerushalmi in the since one is forbidden to eat and drink form it came down to us. Hence, his after sundown Friday night before answer is final: All long benedictions making Qiddush. The Babli does not end with "Praise to You, o Eternal, . . ." take up this question, hence practice as a matter of principle (going back to follows this Yerushalmi, Shulhan Arukh the Men of the Great Assembly). Orah Hayyim 271, Sec. 4. The Qiddush Between this sentence and the next, a starts with "praised" and its final "since" should be mentally interpolated. 144 CHAPTER ONE

>a-a pn>? >5*1 .píos 713-13 pipiN ν« lD^i^n ηηκ irènarr!??

.píos no*}} VN lipnin>n *ιπν io>m n?» npi> >3*1 >ioip

•Tioiv Nin οκψ ìri>nwi>n in* ine IH»?

>3-1 DON Jinn^i Drim lìm nu-iy ìy "ν^ίη Jinn^a li»* >>ns VVPN1 .^riinriin py? niD-isrr!» ΝΠΝ

.píos 713*13 own il iniii

All benedictions after their seals281; one does not say a verse as benediction. Rebbi Isaac ben Rebbi Eleazar objected before Rebbi Yose:

Because you say after their seals, one does not say a verse as benediction282? They said, that young man is intelligent because he thinks!

What is the meaning of "after their seals"? It is that when he was standing in the morning prayer and forgot and mentioned the text of evening prayers but he caught himself and finished with the text of morning prayers, then he did his duty283. Rebbi Aha said, all benedictions in the kind of their seals.284 But those who say (Is. 12:6): "Jubilate and sing, inhabitant of Zion ..." do not violate the rule that no benediction is a verse285.

281 This is a continuing discussion Rebbi Yose's Yeshivah. They do not of the statement of Rebbi Yudan. The disagree with the rule which they state, "seal" of a longer benediction is the last but they note that the baraita does not sentence "Praise to You, o Eternal, deal with it; its correct interpretation is It is stated that this "seal" is what by Rebbi Aha. makes the benediction valid and it About the rule itself, there is cannot be a Biblical verse. disagreement between the Yerushalmi 282 Since the two statements appear and the parallel Babli, Berakhot 12a, together in one baratta, there should be where it is stated: "If in the morning a logical connection between them but one started with 'Creator of light' and there seems to be none. ended with 'Making evenings dark', he 283 "They" are the members of did not do his duty. If in the evening HALAKHAH 8 141 he starts with 'He Who makes evenings Aha insists that only the "seal" counts dark' and ends with 'Creator of light', and, therefore, the text preceding the he did not do his duty. But if he "seal" is unimportant; the text of the started with 'Creator of light' and "seal" cannot be a verse. R. Shelomo ended with 'Making evenings dark', he Cirillo and R. Moshe ben Habib did his duty. The principle is: Every- explain, on the contrary, that the "seal" thing is determined by the seal." The must fit the text of the bénédiction just Babli asserts that if in evening prayers preceding and that this text cannot be a one started out wrongly with the text verse. In the Babli (Pesahim 104a) this appropriate for morning prayers then principle is spelled out only for everything is O.K. if only the final Havdalah [and in the Yerushalmi the doxology is correct. But the Yeru- treatment given for Havdalah, shalmi speaks of one "who is standing (Berakhot 5:2, fol. 9b) supports R. in morning prayers and forgot", i. e., Eleazar Askari.] Most Medieval that he started out correctly, forgot authorities extend the principle of the himself in the middle, and remembered Babli to all longer benedictions. in time to close with the correct text. 285 Ezra Fleischer (Tarbiz 41, p. 450) The principles of prayer texts were has published a Yerushalmi prayer text instituted by the Men of the Great from the Cairo Genizah which uses this Assembly. They determined the verse in the third benediction of the contents of the prayers but not, in 'Amidah, own rump. From what is left general, their texts. (For the Amidah, of the original Galilean minhag it the Mishnah even reports that Rebbi seems clear that the standard text of Eliezer says that one who repeats the longer benedictions always ended with same text for more than 30 days cannot a Biblical verse just preceding the really be an honest supplicant). The "seal". For example, in Grace, the question is whether, in addition to the verses were Ps. 145:16, Deut. 8:10, Ps. contents, the Men of the Great 147:2. In the morning prayers, the Assembly only determined the "seals" verses have survived in the first (following the Babli) or also the benediction for Shema' in all minhagim introductory sentences (following the and for the benediction after Shema' in Yerushalmi). most of them. The text states that the 284 The language is difficult. R. only acceptable place lor a Biblical Eleazar Askari explains that Rebbi verse is before the "seal". Even the 146 CHAPTER ONE

Mishnah prescribes benedictions whose what is prohibited here is using a verse text is a Biblical verse (Taäniot 2:2); in the final doxology.

>*)Γ) nnîv la in1? "»ON .rvö^ on*»? » rove

Ì2 πψ-πψ "TV o?*!*» -»οντιΨ

^IP? te On*)? CJjpNS DV

,τηπ o^iyn :p»n >io> onpiN o^rn .ni^n q>»n ì?ì> ,o>>?»n

.rvwöo jiio>> N>in> q«n w

Mishnah 9: One must mention the Exodus in the night. Rebbi Eleazar ben Azariah286 said to them287: Here I am about 70 years old and I could not succed in proving that the Exodus must be mentioned every night288 until Ben Zoma289 derived it from the verse (Deut. 16:3): ". . . that you should remember the day of your leaving Egypt the entire days of your life." The days of your life - the days. The entire days of your life - the nights. But the Sages say, the days of your life - this world; The entire days of your life - this includes the times of the .

286 A descendant of Ezra in the Bne Beraq reported in the Haggadah. tenth generation who was appointed As R. points out, the vice president of the Synhedrion at age Yerushalmi takes R. Eleazar ben 18 (according to the Babli) or 13 Azariah at his word that he made his (Yerushalmi). statement when he was close to 70 287 Neither the Mishnah in the Babli years old and it is quite impossible that nor manuscripts of the Mishnah have R. Eliezer should still have been alive "to them"; in the Haggadah the at least 50 years after the deposition of Yerushalmi text is preserved only in Rabban Gamliel and the elevation of the text of Maimonides and the Rebbi Eleazar ben Azariah. The most Yemenite Haggadot. Nevertheless, the likely interpretation is that the Israeli phrase cannot refer to the discussion at Haggadah, but not the Mishnah, read HALAKHAH 9 147

"to them" and that the copyist of the as an institution of the Men of the

Yerushalmi followed his memory from Great Assembly. The only question is the Haggadah instead of the text whether the benediction was instituted before him. For a similar occurrence as a Rabbinic ordinance or was in the Septuagint, see The Scholar's formulated in fulfillment of a Biblical

Haggadah, p. 257-258. commandment.

288 Everybody agrees that the third 289 A mystic of the first generation benediction of the Shema' and the of Tannaïm who died young. mention of the Exodus are obligatory

Γπρκ ν "τ Γ) ,ο>ρ> πην? ©3?5ψ >9 ηκ ν nsïft

Halakha 9: Even though he entered high office he lived long. This means that high office shortens one's life.

jon-y "inri .iniì !?>ηιρπ oni "»?N»Ì ΐ^ηη? Ν!? ι^π

ο?"!*» 290NDm ijan bu Ni»>3 ρη>)τιη .-»pia ύ>ΝΊ unnpì onspp ΐΐΐΐκΐΐίηψ ft «naif oHin a*i oyn πιιγρ an N3

ιηύ ύ>Ν ι^Νη inrii lian ïy NÎ>>? Nriorin nnin> on^y n>io

•OV3 tÙy >ni3 Í3>N "l)pN»ì θί»1 Ν^

There291 they say one should not start wayyomer292 but if one did start he has to finish. The rabbis here293 say one starts but does not finish. The

Mishnah disagrees with the rabbis here294: "One must mention the Exodus in the night." Rebbi Abba, Rav Yehudah in the name of Rav: We thank

You that You took us out of Egypt and redeemed us from the house of slavery to give thanks to Your Name.295 A baraita disagrees with the rabbis there: Wayyomer is used only during daytime. The entire section of wayyomer is used only during daytime296. 148 CHAPTER ONE

290 «am is the reading of the Rome section and the next, "here" and "there" manuscript and also the reading of the should be switched since the first prints in the next paragraph. The word question is against those who say that Dnni of the printed editions and the one does not have to recite the third Leyden ms. is impossible; it is the section at all, against the Babylonian Babylonian Aramaic equivalent of practice, and the bardita in the next Galilean jon section seems to imply that one does 291 "There"always means Babylonia; not mention the third section at all, "here" is the Land of Israel. against Israeli practice. 292 The third section of the Shema', 295 This is the proposed text of the Num. 15:37-41. This is the only part of evening benediction after the recitation Shema' that mentions the Exodus. The of Shema'. It is the answer to the statement of "there" is reported in the objection raised in the first sentence. Babli by Rav Cahana in the name of The obligation of mentioning the Rav (Berakhot 14b). Exodus does not refer to the recitation 293 The Israeli practice is reported of the third section of Shema' but to in the Babli (loc. cit.) as reciting only the benediction after the Shema' and, the first and last sentences of the therefore, would be fulfilled even if section; our text also requires one to the third section were to be omitted start, i.e., to recite the first verse, and completely. The text in the Babli is to mention the Exodus, the last words longer. of the last verse. 296 But in the night one recites only 294 Both R. David Oppenheim and first and last verses. R. Moshe ben Habib note that in this

ΉΡΝ içïPf wy hï) inpiJ·) ν>>ηη>? ήη'ηη ·)Ώγι> γργο νπν -α κι >?-)

.-»nia iJ'M-) ^ηηη pnm ion? IMIÌ .-»nia ^ηιρπ ONÌ !?>nji> Hi

Rebbi Abba bar Aha297 descended there and saw them start and finish; he had not heard that there they say one does not have to start but if he started he has to finish. The rabbis here298 say one starts and does not finish. HALAKHAH 9 149

297 An early Israeli Amora who 298 This sentence is superfluous went to study in Babylonia, probably in here, it is inserted only in parallel to the Yeshivah of Rav. Hence, he did not the previous section. This is frequent know of the rule established by Rav in the Yerushalmi and not a sign of before he arrived at the Yeshivah. dittography.

ÌN lOm 1331? "PI}) ΜΓΟ îlllff ΠίΓ) *ΡΠ ιο>)Κ >1")1 Ν?™? ^Ρ

.οπϊττ ι^? noi' >51 .ioni l^l? DON >?ι cmm IMI?

Nini ι>ι>οη& ι«>ι "von« n-vvï >111 noi> >517 Nianpn nj>jd >51 ion

•linniD vni TÎV

They asked before Rebbi Ahiyya ben Rebbi Zeïra: How did your father do in practice, like the teachers here or the teachers there299. Rebbi

Hizqiah said, like the teachers here. Rebbi Yose300 said, like the teachers there. Rebbi Hanina said, it is reasonable like R. Yose, since R. Zeira always chose the harder way301 and they chose the harder way, so he did what he was used to, like them.

299 Since Rebbi Zeïra was a who in turn were students of Rebbi Babylonian immigrant to Galilee. Note Zeïra. The answer of Rebbi Zei'ra's son that they speak to his son in has not been recorded. Babylonian Aramaic. 301 He tended to follow the stricter 300 Both Rebbis Hizqiah and Yose Babylonian rules, cf. later Halakhah are from the fourth generation, 8:7, fol. 12c. students of Rebbis Jeremiah and Haï

>?1 .a>s>i Ji)?N3 onsn γιν>3> rjns yçy ηκ Niipn >μί

OÍ Jiü>1í? pi* οηρίΝ onnN ,jvd>£ na n>^n> -pi* -»OÍN

-J>1^1 1^13 JII* i>??n> rpi* ">!?ÍN 1? vwirt? >?i .onl:»? roçi *)it?

ÌÌ7NÌ11 ^Ν1ψ> 113 Ijoi!?

We have stated302: "He who recites Shema' in the morning must mention the Exodus in Emet veyaziv. Rebbi says, he must mention 150 CHAPTER ONE

[God's] kingdom. Others say, he has to mention the splitting of the Reed

Sea and the slaying of the firstborn." Rebbi Joshua ben Levi says, he has to mention all these and has to say "Rock of Israel and its Redeemer".303

302 This section is composed of a conclusion of the benediction of Tosephta (Berakhot 2:1) containing the redemption, in contrast to the Baby- statements of the anonymous first lonian "He Who redeemed Israel" Tanna, Rebbi, and "Others" (usually: (Babli Pesahim 117b). This formula Rebbi Mei'r), and then the comment by has survived in the poetic forms of the Amora R. Joshua ben Levi. In Ashkenazic evening prayers for the practice, the ruling of R. Joshua ben holidays, while in ordinary prayers the Levi applies to both morning and form prescribed by the authoritative evening prayers. Babylonian Talmud has prevailed. 303 The formula was the Israeli

VTttjo rnin -ps^i -ipiN >t> >a-i ογ)? po>p ran

νηί-ήιη η>ρψ> -mya no oao o?ia jm*)N oo^ lïi»i oy\? no .iriiN tOy \h >qi<3 riña on >3-1 ova νπν Na snSxv on H^H ran n&N .ìniN "inno*? -rn ο^ψνν roías "vap

o>^m> Drop -ION

Rebbi Simon in the name of Rebbi Joshua ben Levi says: If someone did not mention Torah in the benediction on the Land304 one tells him to repeat. What is the reason? (Ρ s. 105:44) "He gave them the lands of peoples"; why? "That they should keep His decrees and preserve His teachings." Rebbi Abba ben Rebbi Aha in the name of Rebbi: If one did not mention the covenant in the benediction on the Land or the kingdom of David's dynasty in "Builder of Jerusalem"305, one tells him to repeat.

Rebbi Hai said: if he said "He Who consoles Jerusalem"306, he did his duty.

304 Since the Talmud started dis- personal texts, they continue with a cussing required topics of otherwise discussion of the relevant parts of HALAKHAH 9 151

Grace. The benediction of the Land is Halaphta) but without the verse that the second benediction, and that on gives the reason. The Yerushalmi gives Jerusalem the third. The parallel in the a statement of Amoraïm, not to claim Babli (Berakhot 48b) is a Tannaitic text that the required topics were in different order. The Amorai'c text introduced by Amoraïm (that is quite of the Yerushalmi is in strict obvious from the mention of Rebbi), chronological order: R. Joshua ben Levi but in order to point out the Scriptural of the very early second generation, R. basis and to fix the exact place where Abba bar Aha of the second, and Rebbi Torah has to be mentioned in Grace.

Haï of the third generations. The 305 The old doxology of the third second statement of R. Abba bar Aha is benediction was: "Praised be You, o attributed by the printed editions and Eternal, Builder of Jerusalem." The most Medieval authors of the Babli to final adoption of the text "He Who in Rebbi Eliezer but in the Munich ms. to His mercy builds Jerusalem" is on the Rebbi, as in the Yerushalmi. The first authority of Shulhan Arukh, cf. The statement is attributed to an otherwise Scholar's Haggadah, p. 357-358. unknown Tanna Nahum the elder. The 306 In the text, not in the final statement of R. Joshua ben Levi is sentence. attributed to Rebbi Yose (ben

nwv? "VPN >i> > -n .rwii? CHIN on*UN> ioipn ION »095? nj

γργπ .n^vîi n.D cnnN qpv) n* -riy ío¡?> (foi. 4a) .nwyri nV)

.D'un iniN n^VT2tn np?? nrj ηη'Γΐπ .nwya nr? Dn*UN qnrçj

ΟΊ3Ν Nirrç; ivy -en?*? -ιψΝ o>n^n * ion rmN

.in mnn τ : ~ τ Bar Qappara307 said: He who calls Abraham Abram transgresses a positive commandment. Rebbi Levi said, a positive and a negative commandment. (Gen. 17:4) "Your name shall not in the future be called

Abram", that is the negative commandment, "But your name shall be

Abraham", that is the positive commandment. They objected: But the

Men of the Great Assembly called him Abram, (Neh. 9:7) "You are, o 152 CHAPTER ONE

Eternal, the God Who selected Abram". There is a difference, while he was still Abram You selected him.

307 Bar Qappara belongs to the reads »nop na wn "Bar Qappara generation of transfer between preached", an Amoraïc statement. (It Tannaïm and Amoraïm. In the also seems that Rebbi Eliezer, who Yerushalmi his words are presented as completes the statement of Bar Qap- those of an Amora. The place was para in the Babli in parallel to Rebbi chosen here because we discussed Levi in the Yerushalmi, is "Rebbi required language for benedictions Eleazar, the son of Bar Qappara's (Shema' and Grace); now we turn to sister".) The people who object are required language in general speech. determined in the Babli to be Rebbi In the Babli, the parallel (13a) appears Yose bar Abin or Rebbi Yose bar also at the end of the first Chapter, Zabida, of the later generation of somewhat disconnected. One may Galilean Amoraïm. The statements of assume that it is mentioned in parallel Bar Qappara and Rebbi Levi/Rebbi to the Yerushalmi. Eleazar are not mentioned in any of the In the printed editions of the Babli, Medieval codes, Halakhot Gedolot, the text is: "Bar Qappara stated", a Alfasi, \ their authors Tannaitic statement. However, in the took also the text in the Babli as Munich ms. and the Pisqe RYD the text Amoraïc sermon.

ν-όρη dìtoi") rno?? wn .nwyi -aiy ηψ Γηψ> ίαίρη πηρτ-)

ιρν? IWion to icón? ->vy) ,nwi>3 "OÏV ipV?

Similarly, does he who calls Sarah Sarai transgress a commandment?

He308 was commanded regarding her. Similarly, does he who calls Israel

Jacob transgress a commandment? The second name was given him in addition, the first was not taken away from him309.

308 Abraham alone was commanded Your wife Sarai, do not call her name not to call Sarah Sarai as it is written Sarai but Sarah is her name." The (Gen. 17:15): "God said to Abraham: commandment to call Sarai Sarah was HALAKHAH 9 152 directed to Abraham alone. him Jacob even after he received his 309 Since the Torah continues to call new name of Israel.

.mriyn ιΟ pn?> iy ίηψι apy> ^ψ ίηνμι orruN ty ίηψ nariv^D n^ pns? iNip Nìn rjm vmpn pny .yaya inw iniiyi í^n pns> .in i!?>nì ντ>ύ nty *ry wip? i .ρη*? Ιηψ rus níop·) rprpi tJNvnv1 ρη>η ίηψ UN riN-jpi pn*> ,ηη^γή in»yiN> ϊη^Φ)

,ίοψ ιη^Ν* in ι^ύ ία nan ιη»\ί>ίό iwyipy? ίοψ Jiçt ιινίρ)

OÇn»

Why were the names of Abraham and Jacob changed but Isaac's name was not changed? The former were given their names by their fathers; but Isaac was called Isaac by the Holy One, Praise to His Name, as it is said (Gen. 17:19) "You shall call his name Isaac".

Four were given names before they were born, and they are Isaac,

Ismael, Josiah, and Solomon. Isaac, (Gen. 17:19) "You shall call his name

Isaac". Ismael as it is written (Gen. 16:11): "You shall call his name

Ismael". Josiah, (1 Kings 13:2): "Behold, a son will be born to the dynasty of David; his name will be Josiah". Solomon, (IChr. 22:9) "Solomon will be his name"310. All this for the just. But the wicked (Ps. 58:4) "The wicked are perverted from the womb."

310 While in 2Sam. 12:24-25 it from Chronicles that the name Solomon seems that David gave the name was not David's invention but Solomon to his son and Nathan called prophetically pre-ordained. him Yedidiah after his birth; it is clear

Nia!? oniyo jiíosp "V^n!? m vi'^V i?

>?? tin n!?yn * >n *riy h^ * oiní o>n3 o>»> oy\? noi n>3 yi! riis N>an I^NÌ n^yn * ON on*» >qNo i>N"iy>> 154 CHAPTER ONE

loin NbN onio? ιρν'Ψ ^ ^ft ."pas >ρΝ» Í7ÍO\¡>> "TÍV qjpv* DOW Ν1Π pi n}>ao ij7>y ni»?>o .niolpo

ηοίη apy> apy? HÏ η® inqty? ON >? apy;? jiiîiwNi natii now νιπ pi .bao apy>·) "»p'V .îwnty? by fiviD n^iy >3?n .JIλ?>®D iwiaîin ïii»3i»7p"j D^n^ri tàw 1113 l^np n>m> nçvt nain nj?> ^ψη by tt nn^n nny >*)ΝΓΙ ία v?3 ïï? ΊΠΝ"! DWV>? ^>ΠΤΐη .13ÇO ÌH)) 2H\ ία yjûl ία Via Ti? ->ηΝΊ .ηκη nwyn -iaç>p b>nnn awn nwya ηοψ .ή»»? η>η η? .Wnîn nwyç naop bv^rn oîyoyj nwyß .wis» by»?) wnj ,ηίίίνίοη UN Jiirpv>? ηύίιρΝΠ nrrçn bioy? Ben Zoma said: There will be a future time when Israel will no longer mention the Exodus. What is the reason? (Jer. 23:7-8) "Therefore, days will come, says the Eternal, that one no longer will say, by the Eternal Who brought the Children of Israel up from Egypt, but rather, by the Eternal Who raised and brought the descendants of the from the Northern land ..." They said to him, not that the Exodus will be eliminated but the Exodus will be additional to the Kingdoms311. The Kingdoms will be principal and the Exodus additional. And similarly it was said (Gen. 35:10): :Your name shall not be called Jacob anymore, but Israel shall be your name." Not that the name Jacob will be taken away but Jacob will be additional to Israel. Israel will be principal and Jacob additional. And so it says (Is. 43:18-19): "Do not remember the first things"; this means the Egyptians, "And what was earlier do not dwell on"; this means the Kingdoms, "Behold, I create something new, now it will grow"; this refers to Gog. They gave a simile: to what can this be compared? To someone who encountered a wolf and was saved from it. He started telling about the wolf when he encountered a lion and was saved from it. He forget about the wolf and started telling about the lion. HALAKHAH 9 151

After that, he encountered a snake and was saved from it. He forgot about both of them and started telling about the snake. So it is with Israel, the last troubles make them forget the earlier ones.

311 "Kingdoms" is short for Tiasw a general term for the sufferings of the nnVe "subjugation by alien kingdoms," Jewish people inflicted by .