pwn pis anai iVx
ΐν^οζη on^in") rw>an V?
rnin *nn>ri·) rvirte pa
Mishnah 1: These are the matters that have no measure1: Peah2, first fruits3, appearance4, works of kindness5, and Torah study6. These are the matters whose product a person eats in this world and whose capital remains for him7 in the future world: Honoring father and mother, works of kindness, making peace between people; the study of Torah is worth all of these.
1 These are obligations spelled 3 There is an obligation to bring out in the Torah, so one has to fulfill the first fruits of one's land to the them; but the Torah did not specify Temple, Lev. 23:19, 34:26; Ν eh. 10:36. either minimum or maximum obli- No amount has been specified. This gation. However, there are rabbinic obligation is the subject of tractate minima and sometimes maxima estab- Bikkurim. lished for all obligations. 4 There is an obligation to appear 2 In harvesting a field, one is not in the Temple on the three holidays of permitted to harvest the last corner pilgrimage (Ex. 23:17, 34:23-24, Deut. (πκβ), that must be abandoned to be 16:16). It is forbidden to appear in the harvested by the poor (Lev. 19:9,23:22). Temple emptyhanded (Ex. 23:15, 34:20, There is no minimum mentioned in the Deut. 16:16), i. e., without bringing a Torah; the Talmud will discuss whether sacrifice. The Torah docs not directly one may declare one's entire field as spell out the value of the sacrifice, but Peah. the verse in Deuteronomy requires it to 4 PEAH CHAPTER ONE be "proportional to the blessing that and mourners, to work for the public the Eternal has bestowed on you." The good, and similar deeds. That aspect Talmud will discuss which of the two has no limits, upper or lower, expressed obligations (appearance or sacrifice) is anywhere. meant here. 6 It is written of the Torah (Jos. 5 Charity has two aspects: one is 1:8): "You should meditate upon it day giving money and valuables to the and night." Hence, there is no upper needy; this has no explicit lower and limit. The obligation of Torah study upper limit, but it does have rabbinic can be fulfilled by the recitation of limits in both directions. This, in Shema', but that recitation is also an addition to the laws of Peak, is one of independent obligation. Hence, Torah the topics of the tractate. The other study per se has no lower limit. aspect is giving one's time to attend 7 As deeds which merit reward in funerals, weddings, visiting the sick the future life.
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.n^-m ΊΓττψ-i?? ηψίν o-jn γπ) oni3«? irnty-^ ntyiy o-jn >t?i> ni
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ύη< npmjp *>j?>a .nipnii in? a»n™ >-pn rnjpn?
DI!?? -ION N^ n^n ηρηη 'i-iir!?? -iniNn 195 nyiy
Halakha 1: Rebbi Benjamin ben Levi7 said: Rebbi Isaac and Rebbi Immi8 were sitting and asking: Why did they not state terumah9 with these? Rebbi Immi said, because of the disagreement10. Rebbi Yose said11, one may declare one's entire field first fruits but one may not declare one's entire field terumah. They objected: Look, it mentions HALAKHAH 1 1 peak, but nobody may make his entire field peah12, but it was stated!
Rebbi Yose said: The cutting of the first ear is compared to smoothing13.
Before he cut the first ear, the field was not obligated for peah. After he cut the first ear, the entire field became obligated for peah and if he then wants to declare his entire field as peah he may do so14. But here, before he smoothed his grain heap, the heap was not obligated for terumah.
When he wants to declare his entire heap as terumah, he may not do so since we have stated there (Hollah 1:9): "He who says: My whole threshing floor shall be terumah or my entire dough shall be hallah15 did not say anything unless he reserves part of it16."
7 A Galilean Amora of the fourth terumah gedolah for the quantity of generation, one of the teachers of R. which the Torah does not give any Abun. rules; hence, one grain may be given 8 He is Rebbi Ammi. for an entire silo full of grain. Today, 9 The gift to the Cohen from the this grain, being ritually impure, has to harvest, cf. Berakhot, Chapter 1, Note be burned. 3. There are two kinds of terumah. 10 In Mishnah Terumot 3:5 we find The first one, terumah gedolah "the a disagreement between Tannai'm. great terumah" must be given to the Rebbi Eliezer is of the opinion that one Cohen as absolutely first gift after the may not give more than 10% of the completion of the harvest. Then a tithe crop as terumah gedolah. Rebbi Ismael of ten percent, maäser, must be given gives 50% as upper limit, and Rebbis to the Levite who in turn has to give Aqiba and Tarphon permit one to give ten percent, one percent of the original, as much as one likes on condition that to the Cohen. The two terumot must be some profane food be left over. Hence, eaten in ritual purity by the priestly one cannot say that terumah gedolah families; in contrast the tithe is a civil has no upper limit from the Torah, at obligation and is profane food in the least not according to Rebbis Eliezer hands of the Levite. An infraction of and Ismael. the rules of purity for terumah is a 11 Rebbi Yose (the fourth deadly sin. One speaks here about generation Amora) explains that even fL PEAH CHAPTER ONE according to Rebbis Aqiba and may not eat from it before terumot are Tarphon, who are followed in practice, separated. terumah has no place in the Mishnah. 14 It is not "the entire field," only 12 Tosephta 1:1. "the entire field that is obligated for 13 In harvesting grain, the last peak" hence, the Tosephta that forbids operation is smoothing the heap of the entire field will permit the field grain (so that theft could be easily minus one stalk. detected. In modern terms, the 15 Hollah is the obligatory gift to equivalent would be storing the grain the Cohen from a (large enough) batch in a silo.) Terumah is not due before of bread dough, discussed in tractate the end of the harvesting process since Hallah. It has the status of terumah; it is an obligation only for food. The hence, today is must be burned. implication is that workers may eat 16 Even though the remainder may from the kernels before the end of the be a single grain; the difference to harvesting process (cutting, threshing, peah is in the theoretical basis, not the winnowing, and storing); after that one practical side.
n}>>n N>n .n^g? κητιψ mo nJivwoi} in»? ηρΊψη njimon .ΠΝ>£ΙΙ ηι»η κνη ΠΝ>3 ιητψ-^ n>ap rp*p IP nj>v>?y? rpoy ovs κη>ψ
>3D "iijiwpo io iniJ is!yv no wn^n] n>$o iSi? no
π^ιψη mwion ·\χρτ πηρκ tqn .»on
αν? -mj?> my Is the first ear obligated for peahl It is impossible to say that it obligated the entire field for peah and itself should be obligated for peah11. If he cut the first ear and it was burned, does he have to cut another one a second time18? Let us hear it from the following19: "If he cut half the field and sold the other half, or he sold what he had cut, if he cut half the field and dedicated20 what he had cut, he gives from the leftover for everything." If it is dedicated is it not as if it was burned21? This says that if he cut the first ear and it was burned, he does not have to cut a second time22. HALAKHAH 1 7
17 As explained in the preceding since peah must be given at the last paragraph. corner to be harvested. 18 If he wants to give his entire 20 To the Temple, the proceeds to field to the poor as peah, must the ear be used for the upkeep of the Temple. he cut first be in existence at the While the material is in the hands of moment of dedication? the Temple authorities, any private use 19 A statement similar to this of it is forbidden. baraita is in Tosephta 1:9; the 21 Since no benefit, whatsoever reference is to Mishnah 2:7: "If he cut may be derived from it at this stage. half the field and sold the other half, 22 Because if he dedicated the first the buyer gives peah for everything. If half and cut the second half for he cut half the field and dedicated the himself, he must give peah for the other half, the one who redeems it entire field from his part. If we gives peah for everything." In both replace the dedicated half by the cases, the field is given or dedicated as burned ear, we have exactly the case is, with all obligations on the harvest, that we are dealing with.
jvpsj?!? πκ>9 -mow -VTM& fwa m^n Ί&Ν J^N ΊΓΠψ JUS n!?r? ma no .ropj? nwa» jin>3 «£>:> >oi> >an ->e>n .rrnvwin a>v>
-mnri IN .njiwon r>9l? tft nnj?
.rowfon n!m>Y> τ\ψρ
If he finished the field23, you say that peah devolves on the sheaves.
Would peah turn back to the first ear24? Rebbi Yose said, let us learn peah of sheaves from peah of standing grain. Since peah from standing grain does not return to the first ear25, peah of sheaves likewise should not return to the first ear.
23 He harvested the entire field from sheaves, he must give from stacks. without leaving peah for the poor. The If he did not give from stacks, he must reference is to Tosephta 1:5: "If he did give from the grain heap. If he did not not give from standing grain, he must give from the grain heap before it was give from sheaves. If he did not give smoothed, he must first give terumah & PEAH CHAPTER ONE and tithes and only then peah." See was cut. also Mishnah 1:6, Halakha 7:2, 4:1; an 25 As explained in the preceding extended version is in Babli Baba qama paragraph, the first cut is not subject to 94a. the laws of peah at all since it enables 24 That the first cut also may be the laws to be applied. peah from its sheaf if the entire field
1>n p>Nini oni3>in wti ρκ) ·)\?ο!?η Φ πψΡΌ on^aoi ΠΝ>3ΓΙ Njri >35 JVN .ιφο^Ο n^"! l^O^P -ny^
τπ idi ήη>3>3 ίο ρ>£»3 η© ,ίφο!? ftüöV Λ W tf^Hfl
π® l!?i»S>>>? "WV rt? VMf ΐφο^Ρ WV Tö W nN>gn no} 10 Ρ
γιν>31[Ι ιοί ι® ηνν τϋ ιν^Ο? TP^l 15} ΊΕίΨ
no ΐφοϊΌ tO οφ V* Piorn on^anf .imtyyo? ΤΡ^Ι "<10 Peah has a minimum measure but no maximum measure. First fruits and appearance have neither minimum nor maximum measures. There are those who state: Peah, first fruits and appearance have no measure, neither minimum nor maximum. What is the difference between them, is it not one in sixty26? According to him who says that peah has a minimum measure but no maximum measure: What he gave27, he gave; if he had second thoughts and added to it, it is subject to tithes until he makes up for it28. According to him who says peah, first fruits and appearance sacrifices have no measure, neither minimum nor maximum: What he gave already freed from the obligation; if he has second thoughts and adds, that is subject to tithes20.
26 Mishnah 2 states that the has no minimum from the Torah but it rabbinic minimum for peah is one has a minimum by rabbinic usage. The sixtieth of the field, \% percent. In problem is the strength of that rabbinic both formulations it is agreed that peah usage. HALAKHAH 1 1
27 When he harvested but left less than peah, and has the status of grain than 1%% of the harvest standing on given after threshing and smoothing the field. The standing grain certainly the heap. The farmer is obliged to has the status of peah and, no longer separate from it terumah and tithes. being the property of the farmer, is not Only if he reaches the rabbinic subject to the requirement of terumah threshhold of \\% [according to R. and tithes. [The interpretation of R. Simson of Sens, only if he gives all of Simson of Sens is that, while as Biblical 1%% at one time] does the rule of peah commandment there is no lower limit apply again and the produce may be to what he must give, by rabbinic taken by the poor wiihout further decree any gift of less than \%% is not obligation. considered peah and is subject to the 29 In this opinion, the rabbinic laws of tithes even though it is the measure of l\% is a guideline, not a property of the poor and not of the rigid prescription. Hence, if he gave farmer.] any peah, he has fulfilled the biblical 28 Any amount he adds which precept and the field is freed from any together with the standing peah does further obligation in this respect. not add up to of the yield of the Nothing he gives afterwards can have entire field, is a voluntary gift, rather the status of peah.
•)}>jw ιΟ ty οι i^ari ηρ^Ί pit i}>3ri N1?
!?u in .n^n lO^V Tp1n wriy on^ NJ^JJIO
.τη*)? VN ID^V TPio wnv >$>
Rebbi Berekhiah asked: Why did we not state the dust for the straying30? Why did we not state the ashes of the heifer31? Why did we not state the spittle of the sister-in-law32? Why did we not state the blood of the bird for the "leper"33? Our34 Mishnah deals only with things to which he may add and adding is a worthy deed. As for those, even though he may add to them, doing so is no worthy deed. 10 PEAH CHAPTER ONE
30 The straying wife who was seen married by her brother-in-law becomes in a secret rendez-vous with another free to marry outside the family only man. The jealous husband may bring by removing a shoe from the foot of his wife to the Temple where she has the unwilling brother-in-law and to drink water mixed with some dust spitting out before him (Deut. 25:9). from the Temple floor as an ordeal The spittle falling to the earth must be (Num. 5). There is no minimum amount seen by the court but no minimum is of that dust prescribed. established. 31 The ashes of the red heifer must 33 The bird needed for the ritual be strewn on the water with which cleansing of the "leper" (Lev. 14:1-7). people defiled by contact with a dead The symptoms of the "leper" have no body could be purified for entrance to relation to what today is called leprosy. the Temple {Num. 19). Since these 34 In old French sources, R. Simson ashes are extremely valuable, using of Sens and Tosaphot Hagigah 7a, this more than a minimum amount is a is a statement of the A mora R. Yose misdeed. mentioned in the previous paragraphs, 32 The childless widow who is not contemporary of R. Berekhiah.
Tto \ii> rw-15 ^Ί^ VW3?© ."liNnm
.rnin -αϊ «JOD >Γΐψ ηο? nj/jp ijnv >an -IJFJ »5
"Appearance"35. Our Mishnah36 is about appearance with a sacrifice, but appearance in person has a measure. This agrees with what R.
Johanan said: "One silver obolus and two silver coins are words of the
Torah"37.
35 Quote from the Mishnah that about appearance with a sacrifice but introduces a new subject. appearance in person has no measure." 36 R. Simson of Sens already noted 37 Mishnah Hagigah 1:2 fixes the that this is a scribal error and that the minimum amount to be spent on the subsequent discussion shows that it is two obligatory sacrifices as, res- the value of the obligatory sacrifice pectively, one silver obolus and two which has a fixed minimum. Hence, silver coins. [The two sacrifices are one should read: "Our Mishnah is the holocaust for the altar and a family HALAKHAH 1 11 sacrifice of which only a small part (vVo)]. .In the Roman empire only the was burned on the altar. The houses of emperor could mint silver coins. The Shammai and Hillel disagree on the Eastern mint was at Tyre; hence, silver distribution of these sums but not on coins are also called Tyrian money. the principle that the first has to be a Before the inflation of the military silver obolus and the second two silver anarchy, local coinage was of copper coins.] According to most and worth one eighth of the commentators, the "silver coins" corresponding silver coinage. mentioned also are oboli [6 oboli equal The following discussion will deter- one drachma (denar) and four mine whether these minimal amounts drachmas equal one tetradrachma have rabbinic or biblical status.
«IP? nyjp vpfcw id ο>>?^η ΝΊηψ-:?? n»io ijnv n-i Nt>> >37 njri
1Π o>>?}n VTW^D"^?! njv »a-» -MJN μ ρ \y> n>> -»ON ,ηο?
iC? Λίψη p «l^Hp} n^aan ρ Γ»?ΪΡΙ TIED ρ
.ΙΟΠψ"!?? ί!7>«)Ν OJ?n >39 ΊΝΎ» iO .Ν^ίΠ >37 >3ΓΙ7 Ν7Π? Ν&Ι ϊλΗψ'Ί?
.Νΐη rnto -157!? 75p to l>? ,ηρο >ηψ ητρ? nyp ID ο>)?:?η
κίη] (>p^D ρ nynpl ρ Jin?i ruan ρ Ji>t? uj^y ID
1« >37 >3 >σν >2-) [.«iv? >riy> r»v>? ηρκψ ID ο>η?η IQN foi.) -ion π >3t>n ηψο!? VIW^D-^? ijnv >3-17 pni'
'3"VT ΓΙ>ΓΟ|Π? N>yv1n >37 .rnin ->57 «jo? >τιψ ηρρ nyjp (i5b
*Tini!> Ηφψ mw^D πν oivn> n-tu 18*3 i??iNn -i&n
-ny>v n\ >no V7V κηη intV^D nis iW"! "inis V7
Rebbi Yasa stated before Rebbi Johanan: The appearance is with anything38; the sages only said: "One silver oboius, two silver coins." He said to him: Is there anything like39 that? Rebbi Jonah said, are not all measures determined by the sages40? They said: "The volume of an olive from a corpse41, the volume of an olive from a cadaver42, the volume of a lentil from a dead reptile43." The question here is only what Rebbi
Hoshaia stated: (Ex. 23:15, 34:20) "They should not be seen before Me 12 PEAH CHAPTER ONE empty-handed," with anything44; the sages only said: "A silver obolus, two silver coins." The difficulty is that this45 is support for the opinion that
[the rule] is based on words of the Torah. He said that only the sages instituted46: "One silver obolus, two silver coins." Rebbi Yose ben Rebbi
Abun said: Rebbi Johanan follows his own opinion since Rebbi Johanan said that all measures47 are practice taught by Moses at Sinai; he says that
"one obolus and two silver coins are the word of the Torah." Rebbi
Hoshaia follows his own opinion since Rebbi Hoshaia said: He who eats forbidden food in the present time has to note down the quantities48; maybe a new court will arise and change the measures for him; then he will know what measure he ate.
38 One may appear in the Temple the ashes of the red heifer even though with one sacrifice for the appearance going there in impurity is a strict and one for the family holiday; no biblical prohibition. minimal expenditure is required. The 42 To bring a sin offering for monetary minimum is purely a rabbinic having eaten from a cadaver needs this one. minimum amount; the same minimum 39 Yerushalmi |3 is contracted applies to the impurity caused by from pM "in the kind of." touching or carrying pieces of the 40 There are many biblical cadaver of an otherwise kosher animal. precepts that are applied only to some 43 The minimum volume from a minimal amount and volume. None of carcass that causes the severe impurity these are spelled out in the Torah; they incurred by touching dead reptiles. are all rabbinic formulations. 44 No minimal amount required. 41 All rules of defilement by parts 45 Two verses (and an additional of a corpse apply only if a minimum one in Deut.) insist that one may not size of the volume of one olive is appear empty-handed; this must mean present. Hence, somebody in a house in that a negligible amount is counted as which less than that volume of a corpse nothing and, therefore, forbidden by is present may go to the Temple the Torah. without the purification procedure of 46 The text in parentheses is the HALAKHAH 1 11 one of the Venice print here; the text volume. Hence, the determination of in brackets is from the word-by-word that volume is essential. The statement parallel in Hagigah 1:2 (fol. 76b). The of R. Hoshaia here is attributed to R. translation is that of the tfagigah text Eleazar, student and colleague of R. which alone makes sense. It may be Johanan, in Babli Yoma 80a. There, the assumed that the copyist of the interpretation is that not the rule of manuscript used for printing had "volume of an olive" might change but before him a manuscript in which the rather its interpretai ion. A. Y. entire sentence was only indicated by Greenfield, in his article "The "etc." and the copyist chose the wrong Connection Between the. Measures of statement to complete. an Olive and an Egg," 1'ninn 14 (5754) 47 Including those stated by R. 396-411 shows that modern Jonah and all similar ones. interpretations of the "volume of an 48 Since one is required to bring a olive" vary on a scale of 1 to 30. sin-offering only if he ate more than Hence, once the Temple is rebuilt, an the volume of an olive, he is forbidden authoritative interpretai ion is needed to bring one if he ate less than that even according to R. Johanan.
i1n>nn »a-η njv .N-jri y? >a-> n>a ^tn noN >311 n»p^n "PJ^JVN >?-> ov>a ">8*7 iqn y? livj n>a njn nniN ijnv >a*i .ninna ·>ηψ> in^in nis ρ>ίη 07N ->>?n n»ptn .·ρην !?5> ην? Έψ nti»v n^ .ninna >riy)> irQin n>< p>in 07N
.nnN·) τιπν
They said, Rebbi Johanan changed his mind about this. Rebbis Jonah and Yose said, he did not change his mind; additionally, Rebbi La said in the name of Rebbi Ammi: Hizqiah and Rebbi Johanan disagreed. Hizqiah said, a man may split his obligation for two animals49. Rebbi Johanan said, nobody may split his obligation for two animals, but for each one he has to have two silver coins in his hand50.
49 He has to spend an obolus and pilgrimage but, since this is a rabbinic two silver coins on animals for his ordinance, it does not matter if the 14 PEAH CHAPTER ONE amount is split to pay for several this has the status of a biblical animals. command and cannot be abrogated. 50 Since it is the practice from the Similarly, a full obolus must be spend days of Moses to spend two silver coins on one animal of the smaller kind. for one sacrifice of the larger kind,
!?aio ο "TN VN") .nnni> n>?n? t>aio 07N n»j?tn oyn is liypv aio oi>3 won 3>-)j?n"j nioni -ιψν ^J?!? ^ NT?*! :y>n .ny>?!? riiv>p
TO!?9JVN "ijpn N9V>-!i? >3"! 3W ov!? in?? -mi»!}"! liwon
N^I noil ia>N io-im πρπ -IIJN -TO ήνρψ >3*η ijni> >3·) p l^Tf "pn»£>>? rinn κη ίβν no VV7> n)?n5 O-jn γπ) rnyo> Jiiwp bflio O^N η ijnv nTf n^n? !?aiv> O*JN "VON Η w'i?^ 13 IWV' ^a")"} .ηρΐτ ION IT n)pn5> liypyj Ν3ΊΝ ,ηοίτ W Nin ny>?} JiiV)? ^aio O-JN VW m 3iv) oi> jus novn rftin") «vvto Ntn o^iyb >3-> oy? »φ Ί3
Rebbi Simeon ben Laqish in the name of Hizqiah: A person adjoins an animal to an animal but no person may adjoin money to money51. What may be done52? There were before him ten animals, he sacrificed five of them on the first holiday. May the remainder push aside the last holiday53? Rebbi Crispus said, Rebbi Johanan and Rebbi Simeon ben Laqish have differing opinions. One said, they push; the other one said, they do not push. We do not know who said what. Rebbi Ze'ira said, we may explain the words of the rabbis through the words of Rebbi Johanan, who54 said: A person may adjoin coins to coins but not animals to an animal. He must say, they push55. But Rebbi Simeon ben Laqish said, a person adjoins an animal to an animal but no person may adjoin money to money. He must say, they do not push56. Simeon bar Abba came in the name of Rebbi Johanan: He adds57 and pushes the holiday further until he says: I do not intend to add further. HALAKHAH 1 15
51 The parallel is in Babli Hagigah of the two obligations. 8a (and Yerushalmi Hagigah 1:2). In In the text, the corresponding the Babli, it is explained that the statement by R. Johanan is missing, viz., obligation to spend an obolus and two that one may add money (if only the silver coins must be satisfied by basic amount is profane) but not unencumbered money. Now four years animals (since no animal worth less out of seven there is a second tithe on than two pieces of silver is acceptable agricultural produce of the Land of as hagigah). The statement appears in Israel. That second tithe is the Hagigah. property of the farmer but it must be 52 A rhetorical introduction to the consumed in Jerusalem; it also may be main question, corresponding to: "They redeemed by money and the money asked themselves" in the Babli. taken to Jerusalem and there spent on 53 If these animals retain the status food to be consumed in Jerusalem. In of hagigah, they may be sacrificed on addition, the tenth newborn calf or the last day of Pesah or Sukkot which lamb in a herd must be taken to are also full holidays. If, however, they Jerusalem and offered as a sacrifice have only the status of sacrifices in (only some blood is sprinkled on the fulfillment of a vow (since any altar, the rest is to be eaten by the dedication as sacrifice is a vow to family of the rancher.) So one may bring the animal to the Temple), then assume that many people on their they may be slaughtered only during pilgrimage for the holiday have money the intermediate days of the holiday or and animals of the tithe that they want after its conclusion, and they do not to eat in Jerusalem to absolve push aside holiday prohibitions. themselves at the same time of the 54 Aramaic π is a contraction of obligations of pilgrimage and (second) κνπ. tithe. According to Hizqiah, on the 55 Since each animal was bought first day of the holiday one may bring with money dedicated for hagigah, they small and cheap animals as obligatory all have the status of hagigah. sacrifices and then use the money or 56 Since one may not adjoin the animal of tithes for additional money, only the first animal was hagigah offerings but one may not add hagigah, the rest are not and cannot be the money of second tithes to profane used for holiday sacrifices. money to buy one large animal for any 57 Even during the intermediate PEAH CHAPTER ONE IL· days of the holiday, when one's biblical hagigah. But when he declares that it obligation of appearing in the Temple is enough, the next money spent will no with a sacrifice has already been longer buy hagigah sacrifices. This satisfied, he can add money to the extension of R. Johanan's statement is original money and still the animals not a logical consequence of his earlier bought will fall under the category of one.
"3 n»3wi .-ny>vi> ft vi> Mo93 .i«M3 "vrorf N79 .o'lVQ rift»)?«
D-JN ΝΠ»ψ Νψ1Ν3 1i03 Κ3>3Π 1? ΓΤρΓΡ >3") 0\?3 Wty 13 y\)>W >3") "VJ1
-13 h^H u-n NO'^N ι? la-» i3>n "TV r>ta»> vipin «ins© qiinn *> JI* 733 DJN NpTni nonrn njprm >13 ι*? no Njro
n^^Nins .qj^mn-!?? τρψίαη1»
"Works of kindness.58" That means with his person5. But with his money it has a measure. This parallels what Rebbi Simeon bar Laqish said in the name of Rebbi Jehudah ben Hanina59: They voted at Usha60 that a person may give a fifth of his property for good deeds. How far down?
Rebbi Gamliel bar Ininia61 and Rebbi Abba bar Cahana; one said corresponding to terumah and the terumah of the tithe62, the other said
(Prov. 3:9): "Honor the Eternal with your property and with the first of all your yield;" corresponding to the first of all your yield63.
58 Quote from the Mishnah, place of residence of R. Jehudah bar introduction of the next subject. Illai who, through his good relations 59 An Israeli Amora of the first with the Roman authorities, obtained generation. All his known statements permission for the reconstitution of the were transmitted by R. Simeon bar Synhedrion. This decree must have Laqish. [In the Babli, the Amora is been one of the first acts of the new Rebbi Ilai', i. e., R. La who was Synhedrion; it is explained later that mentioned earlier in this Halakha, a the formal decree was only a student of R. Simeon ben Laqish.] formalization or reaffirmation of 60 Usha in lower Galilee was the earlier practice. HALAKHAH 1 II
61 A Galilean Amora of the third the minimal amount of charity one is generation, student of R. Mana I. obliged to give from his gross income 62 Terumah gedolah has to be varies between 2.67% and 3.5%, with given by estimate, not by measure 3% recommended. (Terumot 1:7). A generous farmer will 63 Terumah gedolah is called "first give one part in forty (2.5%), the of your grain and oil" in Deut. 18:4; in average person one in fifty (2%), the this opinion one is only required to stingy person one in sixty (l%%) spend for charity the 2% of his gross CTerumot 4:3). The terumah of the tithe earnings equivalent to terumah gedolah. has to be given exactly as 1%. Hence,
won!? .njyi njv-^?? wpin no Njp >y? >ai
tyH) n£>nji3 n>> -ion .n^d *T>paj? »on ο>?ψ
Rebbi Gamliel bar Ininia asked before Rebbi Mana: Does it mean one fifth every year? In five years he will have lost everything64! He said to him: The first time from the capital, from there on from net gain.
64 But, as Rashi explains in Babli would bring on himself the need to Ketubot 50a, the entire rule was only accept welfare. enacted to make sure that nobody
.JinN Sh u> ntyprrb?!? in® ty RIXTÄ) ηρκ κ^π an .nnN ^»SN IIJN I^N m JI^CI-^ n^P VPV n)SH? 07N nj?^ »q>ai! .o>>?7!? \ί>>>ψ in© ^39357 D\s»5 N?vin HI vty wnvpo nip? "TV DNJ yniw ΠΝΊΊ
Rav Huna65 said, for religious purposes up to a third. What does he mean, for all religious purposes or just for one purpose? They thought that this means, for all religious purposes up to one third66. Rebbi Abun said, even for one purpose only. Rav Habiba67 in the name of the rabbis from there: What means "up to a third?" For its cost! How is that done? A man buys a religious article and sees another one which is more beautiful, until when does one bother him? Up to one third68. ϋ PEAH CHAPTER ONE
65 In the parallel in the Babli mentioned in the Babli belongs to the (Bava qama 9a), the statements of Rav sixth generation, after the compilation Huna and Rav Habiba are both of the Jerusalem Talmud and, reported in the name of Rebbi Ze'ira, therefore, he cannot be identical with student of Rav Huna. the Rav Habiba mentioned here. 66 For religious articles one may 68 Of the original cost. If one has spend up to one third of one's net a religious object, such as an etrog or worth. In that interpretation, Rav Huna tefillin, he should not spend for another would exempt religious articles from one more than 133% of the cost of the the decree of Usha. object he already has. In this 67 He must have been a Babylonian interpretation, the statement of Rav Amora of the third generation, a Huna has no relation to the decree of student of Rav Huna. The Rav Habiba Usha.
ίκ-pa Jii* oiNi> >ΡΊ Ίπυκι >>N bNypv? >a-»
ΠΝ} .dnj row .71*15 Via!? n)i3N riN «IN .oim.·) iwn ine .ib Π)3"ΤΒ now ^ικψ h^H .pio p^ari ΠΝ}
.ovrv) iwn Nrup
Rebbi Ismael stated69: (Ex. 15:2) "This is my God and I will glorify
Him!" Is it possible for a human to glorify his God? Rather I shall appear beautiful before Him with religious articles. I shall make before Him a beautiful lulab, a beautiful sukkah, a beautiful shofar, beautiful zizit, beautiful tefillin. Abba Shaul70 said, I want to be like Him! Just as He is merciful and gracious, so you also should be merciful and gracious!
69 This is a side remark: why Sopherim 3:12, Massekhet Sepher Torah should one spend much money on 3:10, in Babli sources Sabbath 133b, religious articles? It is a short quote of Nazir 2b, and, very much shortened, a long statement in Mekhilta deR. Sukkah lib. In the latter sources, the Ismael, Parshat Hashirah 3 (6 authors name of R. Ismael is never mentioned. mentioned), Mekhilta deR. Simeon bar 70 Α Tanna of the generation of Iohai pp. 78-79, shortened in Massekhet students of R. Aqiba who collected the HALAKHAH 1 19 traditions of prior generations; his · Mishnah. collection is one of the sources of the
19*1 V? n^i v^DriJD te^ aay> πψνο >3*1 ,n>ri Ηψπ^ οτίρ i^i") Jii^pb wpin ν>γ)1 ο»?ψη mp^i mrg^ o-j>a ro^o rm>p η> >a-» 11a >ai >a >pi> v^y IVpj vijilj γη n>ay .o>?wton nyi ^ wopni
>? >31 »5 N»J1N1 ·>3>03 "MPtjW ΓΙζΡ .D»PJ1P Ν1Π «)1θ wr) >3 .la yy>ä> οϊ·ν odo pi Nin oni .ο?ρ ion pi -m .la i>vv οτίΝψ nyya o?>»o ton >ri)?>N .o?>»n It happened that Rebbi Yeshebab71 went and let his entire property be distributed to the poor. Rabban Gamliel72 sent to him: Did they not say one fifth of one's property for good deeds? And was not Rabban Gamliel before Usha73? Rebbi Yose ben Rebbi Abun, Rebbi Levi: That was the current practice, they forgot it74, but the later ones got up and agreed to the opinion of the earlier ones, to teach you that everything the Court75 insists on .will come to be in the end, just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): "For it is not an empty word, f rom you," if it is empty it is from you because you do not exert yourself about it. "Because it is your life," when is it your life? At the time that you exert yourself!
71 Α Tanna of the third generation, prevents him from executing his student of R. Joshua and colleague of wishes. R. Aqiba. He was one of the Ten 73 Rabban Gamliel died before the Martyrs and was executed after the war of Bar Kokhba but the assembly at war of Bar Kokhba, at age 90, probably Usha was long after that war. In because he continued to teach in Judea. addition, the language of Rabban 72 In the parallel Babli, Ketubot Gamliel implies that "they", not "we", SOa, it is R. Aqiba who objects and instituted the limitation; hence, it was 20. PEAH CHAPTER ONE an old rule (but, as the text here shows, Ketubot 8:11 (fol. 32c) on another not one that was generally observed.) practice. 74 The first two generations after 75 The Synhedrion or any court the destruction of the Temple, at the whose authority is accepted by all of least. The same statement by R. Yose Israel. ben R. Abun and R. Levi is quoted in
Jin nvv Γφη> n\?8> -tin ia niN i? Iw^ai N^n 3*1 οψ} npin^ri ib>flK ηψη * τη* ->ψΝ n^ in? a>rt ·> γν. ηψη into τη* -i^wr^
>an .>}>©>? nyn!? no? invi njpopn ian onyf
Tihi ηψο n^ ρ·> .vrai? ηψη * Γη* n»}a >a-> οψι i^v
H^V. IN? 3>TD I>N ηψο iiiiN τη* Ίψη-^η nyf -ρρη Η1? yvshrv nyy PI
η)ρ>3οη iai >?η νοψ on}t ,ηψη * τη* -»ψκ TIN
>31 Γφη >3ΐ π>}3 >31 i)nv >3"! .>}>©& πψη!? -»ο^ψ n>p?
ΗΪ n^iüi .ian >£»? vvyy to'flN ,ίγρα} ΠΓΡΠ JIJ^N niin
.ian >s)p yjjy onyf ^-»on ,νιι^ψ} Rebbi Tanhuma76 in the name of Rav Huna: It does not say (Ex. 38:22) "Bezalel ben Uri ben Hur of the tribe of Judah made everything Moses had commanded him," but "that the Eternal had commanded Moses." Even matters he did not hear from Moses he did by himself in the way it was said to Moses on Sinai. Rebbi Johanan in the name of Rebbi Benaiah77 (Jos. 11:15): "As the Eternal had commanded His servant Moses, so Moses commanded Joshua, and so Joshua executed it." It does not say "he did not omit anything Moses had commanded him," but "everything the Eternal commanded Moses." Even matters he did not hear from his teacher, he did by himself in the way it was said to Moses on Sinai. Rebbi Johanan in the name of Rebbi Benaiah, Rebbi Huna in the name of Rebbi78: (Mai. 2:6) "True teaching was in his mouth79," these80 are the things he heard from his teacher, "injustice was not found on his lips," even in matters he did not hear from his teacher." HALAKHAH 1 21
76 These homilies are inserted as instead of Rebbi (Jehudah the Prince.) examples of the previous statement 79 While the person described is that deep involvement with the words called "Levi" by the prophet, the of the Torah leads to such a way of life traditional interpretation is that the that even in situations not covered by reference is to Aaron who learned what one has learned, he will act as it Torah from Moses. was indicated to Moses on Mount Sinai. 80 It seems that iV'BK here and in 77 A scholar of the generation of the next clause is a scribal error by transition between Tannai'm and dittography from the earlier homilies Amoraim who, in the Babylonian form and that one should read rtit This is mas "ι, is quoted in halakhic bar ait ot. the reading of Yalqut Shim'oni Prophets His homilies are transmitted mostly by #588. In the next clause this reading is R. Johanan. also supported by the Rome manuscript 78 In Yalqut Shim'oni Prophets of the Yerushalmi. #588, the reading is "R. Jehudah"
nny on^f .73^? ηοψι q!?p?a n>r>? * >? p->ON y>y%v)
W njDgt .n>n1nrj ρ ->09 Npn >3*1 .τ^ο ne^h njn? qv^ W) ON >3Ί -VP^en ya -ιρκ >I> >?-» .rnuyn ipi r»1»>ia!mr! pi ιρι l>o>£>0 ρ iipvp ΝΊ<Ι wit^rj
And the rabbis say (Prov. 3:26): "For the Eternal will stand by your confidence and prevent your foot from being caught." Even in matters in which you are stupid, He will prevent your foot from being caught. Rebbi
Dosa said, in religious decisions81. The rabbis say, in sin. Rebbi Levi said, from damaging spirits. Rebbi Abba said, if you gave charity from your wallet82, the Holy One, praise to Him, will guard you from taxes83, penalties84, head taxes, and contributions85.
81 The verse is one of a group "confidence" with Vos "stupidity". The praising the student of Torah. The different opinions define the object in explanation is based on identifying V03 which one's foot might otherwise be 22 PEAH CHAPTER ONE caught. R. Dosa's opinion continues the 83 An Aramaic (Syriac) word, ROB, statements of the earlier homilies that "piece, portion", here used in the sense the true student of Torah will render of the amount apportioned by the local the correct decision if confronted with council among the different a religious question for which he householders to pay the taxes imposed knows no precedent. en bloc on the community by the 82 Replacing Vdd "confidence, government. hope" by 0'3 "wallet." This opinion is 84 Greek ζημία. mentioned last because it leads back to 85 Latin annona, obligations to the main theme, the importance of deliver provisions, usually for the army. charity and charitable works.
to noN1! v^nj? to vyorte opVDjj; ^φπ tjtfo ty nisi Jii* ^NI .lipim?* ^ι ϊχ ia>oin ^niiN
Ί5Ν13Ψ ^ί} >Γ03Ν "|ito ->>3N .CPfltaN
VViv ρΝψ Jii-iyiN >niiN .«i^y? o^yn p™n)?3ri nm
>3 αίο ">3 pns vv>iv ΙΠψ imsiN >jni .ni-pa
>np}? >?Ni .ia *τ?ηψ oipjp? whs ^rinif .toDN> onto!?)® na
^riilN .WP3 "pD)? Ο^ψρΐ pi* Ϊ3 JlO^iW ρΝψ
.onnN^ osn πΐνφ npto-) riivy^? ."poi? oyil .n^n obiya .np-j:* n>r>3i q!?! ^oj? wi
JIIOJ n>« N^·) .rap» b>sri np7in "ΐ>5ϊον> obiy!? >np}?
.Niab "T^ji^lp ruvn
King Monobaz86 distributed all his property to the poor. His relatives sent to him: Your forefathers added to what they had and to what their forefathers had, and you wasted yours and that of your forefathers. He said to them, that is correct! My forefathers locked it up in the earth, I locked it up in Heaven, as it is said (Ps. 85:12): "Truth will sprout from the earth, but charity87 will gaze from Heaven." My fathers locked up treasures that bring no interest, but I locked up treasures that bring HALAKHAH 1 23 interest as it is said (Is. 3:10): "Say to the giver of charity that he did a good deed, that they will eat the fruits of their intentions." My forefathers collected in a place over which a (human) hand rules, but I collected in a place over which no hand rules, as it is said (Ps. 97:2): "Charity and truth are the foundations of His throne." My forefathers collected money but I collected souls, as it is said (Prov. 11:30): "He who acquires souls is wise88."
My forefathers collected for others but I collected for myself, as it is said
(Deut. 24:13): "Charity will be your property89." My forefathers collected in this world but I collected for the future world, as it is said (Prov. 10:2):
"But charity will save from death." And does he not die90? But that he should not die an eternal death in the future world.
86 A king of Adiabene, in modern mean "giver of charity." Kurdistan, who converted to Judaism 88 The entire verse reads: "The together with his mother Helena during fruit of the giver of charity is a tree of the last century of existence of the life and he who buys souls is wise." Second Temple. In the parallel sources, 89 The plain sense oi the clause is: Tosephta Peah 4:18, Babli Baba batra It will be considered a good deed by 11a, it is spelled out that he spent his you (before the Eternal, your God.) treasures on emergency relief during a 90 The last three sentences are not famine. Hence, the story here does not in the (Babylonian) parallels, where the contradict the rule, declared as much argument is based on Is. 58:8 (speaking older than Usha, that one should not about him who breaks his bread with give away more than one fifth of one's the poor): "Your charity will walk property. It is rather an endorsement before you, the glory of the Eternal of deficit spending by the government will gather you in." The Aramaic during times of emergency. sentence n's xVi should not be 87 In the entire paragraph, ρΐϊ corrected into Hebrew in order to "justice" is identified with npi* remain in style with the rest of the "charity", and pn* "the just" is taken to paragraph. 24 PEAH CHAPTER ONE
ΪΐΊΞΏ .RNIN ty JPRITYP-^ O>"TVF) JITFW??» o»>?v£ O'W o>»03 (foi. i5c) o>*ryn m^n:» o»*03
DIN ty ΎΊΗΡ3 Η?ΗΎ NI?7SN IIJNÜ ONVQ JITO'PM
OW3 ΝΗΖ> -13 IJNV >3-) ΎΊΟ>?3 V3 TOTF) O>7VC) IW!?*)??}
O>7V0 RN^NI W NY^^SI SH AUN IDO NT >N VN PNV ΝΊΒΝ Ν7ΓΙ ΊΠ^Ι VN*V TY O^Y "TJH O^IVO * TOO")
,ΠΓΠ^Ι Ρ "TRIV OHVC? Charity and works of kindness91 are as important as all commandments of the Torah. Charity applies to the living, works of kindness apply to the living and the dead. Charity applies to the poor, works of kindness apply to poor and rich. Charity is through a person's money, works of kindness through his money and his person. Rebbi Johanan bar Maria92 in the name of Rebbi Johanan: We do not know what is more beloved, charity or works of kindness. Since it says (Ps. 103:17): "The kindness of the
Eternal is from eternity to eternity on those who fear Him, and His charity towards men," that means that works of kindness are more beloved than charity.
91 This paragraph also appears in paragraph is answered before it may Babli Sukkah 39b, Tosephta Peak 4:19. be asked. In both sources the formulation is such 92 A Galilean Amora of the fourth that the rhetorical question of the next generation.
"ION iil TIN D"JN "ΤΒ^ψ 171© >3") Γ)Ν Ι^Νψ .ΠΊΪΠ "ΠΟ^Τη .n^") o)pv ia jv?rn 3>n?7 N>i OV IO η}>Νψ n^ 157ipty n^i onv ia j™™ a>3i?7 v?a roapiN iaa tin *TO£> 07N!? *VION nriün
Ί5 N»N >317 NNA N3 >3*) .ROAPIN Κ O>»N3 33-11331 »AN >3JJ«?L IJNV >37 ΟΓΉ IR^N >37 .RRTNIOPRI OSN I}NV> >37 OY>3 N»N >3"! N)I ->3 LLVPV ΝΟΨ O>V>?RI ΝΊΠΨ 'JSO ΤΡΗΗ INA TIN ΊΪ&Ϊ D^N!? -TRNN HALAKHAH 1 2ά
ON ty oinv n>> HVI rpr^a ny? η *VJN np
And Torah study93. They asked Rebbi Joshua94: May a person teach
Greek to his son? He said to them, he may teach him at an hour that is neither day nor night as it is written (Jos. 1:8): "You shall meditate about it day and night." If it is so, a man would be forbidden to teach a profession to his son since it is written: "You shall meditate about it day and night." But Rebbi Ismael stated (Deut. 30:19): "Choose: life!" That refers to a profession95. Rebbi Abba, son of Rebbi Hiyya bar Abba, Rebbi
Hiyya in the name of Rebbi Johanan: Because of informants96. Rebbi
Abbahu in the name of Rebbi Johanan: A person may teach Greek to his daughter since it is an ornament for her. Simeon bar Abba heard that and said: Because he wants to teach his daughters, he attaches it to Rebbi
Johanan. It should come over me97 if I ever heard it from Rebbi Johanan.
93 Quote from the Mishnah. officials. In the Babli, the verse in 94 This also appears in Yerushalmi Joshua is explained not as a Sota 9:9, the first sentence also in commandment but as a blessing, that Tosephta Avodah zarah 1:20. In Babli Joshua will be able to meditate about Menahot 59b, not only are different Torah day and night. persons involved but there the question 97 A curse: if I now say that R. is about Greek wisdom, not the Greek Johanan never said this but I really language. heard it from him and lorgot. In the 95 Since only a profession will parallel Sabbat 6:1 (fol. 7c), Rebbi sustain a person; otherwise he will be Abbahu retorts that a curse should forced to become a robber and commit come over him if he said that and did capital crimes. not hear it from Rebbi Johanan. [It 96 Greek-speaking Jews become seems that R. Johanan made that intimate with Greek-speaking officials statement only in Caesarea, never in and will be hired as government Tiberias.] 26 PEAH CHAPTER ONE i?>n jijh i^yi^ ijni> >21 ιπ^ν >a-» .on) ay "tta>?
•ja 7107 Jin =»d> v>nw DTIN >>") -i)?N .oni ay *m>3 Nin iin\pc>? ioN rm>n ΓΙΠΝ oys .n>n ^la-ioa v>Ni ro>™ nm .7ii>rp
-»ON .nyo^ri Ν>ψ η!? v>>\inn) rn»n "ρρτηίρ bsy) >??a
vaN WNT) η>π οίϊ>ργ)Ν rn irjaN ΓΙΠΝ 0^9 ΠΝΊ> rmiN ηψν I^n ιν?! a^i
13 JVN mjpN Nao n>> γρνι in® mm .vp>ia ty nay)>
η3ψΝ) in1? ηπ»η P^P riN»? n>&y PPS1» n>aj!? yto^H .n}>rp
.•»iaNi ι* a>n> mq Nnia>rii Νη^?ο "ΠΡίΠ JVNI tpn^ maN
N!? Man "paj> no? Nma^ri ty howq nitri niaio pi>?i mq o>riN)p> rpiippN 1910 vvna vr N)p>n njpN .·ρ3> ΓΡΓΙΙΓΡ»? rp>>?> iya .yto rpriiJi»N"! p>p n>ri3>v> IP hwn "vyj^Ni n^ppy
"pa> pa^n n}n np !?>ap N»nnN ip>p?? rpb ·ρπ»Ε vmpn V? V19 np .oto? >niawi Tia?p njo? >?,N vpnpa >ηη}Νΐ Nnpw
.nniiN rna irna rrj!?> n!?>£a ia pa >a-i >a >pi> >3-1 iön .-oy nid ani oflvipi a>ro >a-> ->ON .ntoo^ η^ρψρ it? topw
1 NIS»? !?Ψ ·ΡΤ?Ψ IN)? ΝΠΥ>>? ΝΙΠ LYNA VMPN Ι>Ν .Η^Ί Ν ? ΗΡ7*
"Honoring father
and other.'®" Rebbi Abbahu in the name of Rebbi
Johanan: They asked Rebbi Eliezer, how far does honoring father and mother go? He said to them, you are asking me? Go and ask Dama ben
Netinah. Dama ben Netinah was the head of the city council". Once his mother was slapping him in front of the entire council and a slipper100 fell from her hand, and he handed it back to her so that she should feel no inconvenience. Rebbi Hizqiah said: He was a Gentile from Ascalon and the head of the city council. He never sat on the stone on which his father used to sit and when his father died, he worshipped the stone. Once the jaspis of Benjamin was lost101. They102 inquired, who would have one HALAKHAH 1 22 of similar quality? They were informed that Dama ben Netinah did. They went to him and and agreed on 100 denars103. He went to the upper floor to bring it and found his father sleeping. Some say that the key to the chest was in his father's fingers; some say his father's foot was resting on the chest. He descended to them and told them: I could not bring it to you. They thought, maybe he wants wore money, and raised the price to two hundred, then to a thousand. When his father woke up from his sleep, he went up and brought it to them. They wanted to give him according to the amount mentioned last, but he refused. He said: Do I sell my father's honor for money? I will not have any advantage from honoring my father. What reward did the Holy One, praise to Him, give him? Rebbi Yose bar Abun said: The following night, his cow gave birth to a red heifer and Israel gave him its weight in gold and took it. Rebbi Sabbatai said (Job 37:23): "Justice and much charity He will not suppress." The Holy One, praise to Him, will not wait to give the reward for good deeds to the Gentiles104.
98 Quote from the Mishnah to start Italian pappucce "houseshoes". Rashi a new section. explains in Yebamot 102b: "Thin sandals 99 A mixed expression, ®κί πατήρ one binds under thick shoes to protect βουλής, "head, father of the Senate." them from water; they are called Cf. the Hebrew p n'3 ax "father of the underschuoch in (Middle High) court," used for the president of Jewish German." Also cf. Latin chorda, Greek courts of law, and the Latin pater χορδή "string, rope" (E. G.), see below, senatus. [The two stories here also Note 105. [In a papyrus from appear in Yerushalmi Qiddushin 1:7 in Oxyrhynchus from Mishnaic times, slightly improved spelling (here the κορδίκιον is mentioned as "an article title is an unintelligible 'Visit») and, in of furniture".] a shortened and less natural version, in 101 From the breast-plate of the Babli Qiddushin 31a/b.] High priest.
100 The Arukh explains the word as 102 The Temple authorities. 28. PEAH CHAPTER ONE
103 In early Roman imperial money, (12 ounces), 500 fine, would be 48Ό00 when the coins were still honest, this denar. At the end of the inflationary amounted to 22 oz. of gold, an period, 100 early denar would enormous sum since the buying power therefore be the equivalent of 880Ό00 of gold was much larger than it is denar. Hence, the sums mentioned in today. The amount mentioned in the the Babli are rather on the low side. Babli by authors living during the early 104 Since they do not believe in the military anarchy is 60Ό00 or 80Ό00 Future World and, therefore, do not denar. According to the monetary have part in it and must be rewarded in reform of Diocletian, one Roman pound this word.
ryjm ·ρ9-»\? ti^l .Ji^v? mTsn rjiJi!? irj-}> yia-i^ >a*i by im
ο.rm\?>»b *tjj in>>j) JPbD)? rm>jT) rpnitns Jicin vj> >Γΐψ
>nii Νίπψ "pan\? bv ibbgnn v^b ΓΙ^ΟΝ i-^jb loipj·) n^n ηηκ
»qaiy "pnb n»3ri") -pb tjv imp rib nn^ wro -»jiv >a
.y>an Nb mTin Γηακψ -Tin? >snb lb** ρ ηψίν ib^N
Rebbi Tarphon's mother went to promenade in her backyard on the
Sabbath105. Rebbi Tarphon went and put his two hands under her feet and she walked on them until she got to her couch. Once he fell ill and the sages came to visit him. She told them: Pray^for my son Tarphon because he honors me too much. They asked her106, what did he do for you? She told them what had happened. They said to her, even if he did this a million times, he did not yet reach even half of the honor that the
Torah requires.
105 "And her shoe-string (or, her authority of the stature of R. Tarphon slippers) broke." This is missing here had no eruv made if one was needed but appears in the parallel Qiddushin for the backyard, one might ask why 1:7 (fol. 61b): nVw 1'p'mip poei [A he could not bring a new pair of different story is in Babli Qiddushin slippers to his mother. But if the word 31b.] Since we cannot assume that an means "shoe-string", the reason would HALAKHAH 1 22 be clear since repairing the slippers on seems that they did not expect a the Sabbath by putting in a new string woman to be educated enough to would be a desecration of the Sabbath. converse in Hebrew. Her explanation 106 Although she spoke to them in must have been in Hebrew since their Hebrew, they answered in Aramaic; it final answer was again in Hebrew.
myai ION wrton!? v^v ^ ty i»*
ty ino«) n^v njjwa .-m? r\y?# *T5j) η© iiog .vniiN liioa twyipy» >?-? nyan*
.»> ν^ί lop >τιψ>ηι κ^ψη n>v? ν}* n-jini P9? νρ
.rrjii:» Nin ηΛη Νΐηι ίριόη ib npg Rebbi Ismael's mother came and complained to our teachers about him. She said to them: Scold my son Ismael because he does not honor me! At that, the faces of our teachers became saffron colored107. They said, is it possible that Rebbi Ismael does not honor his parents? They said to her, what did he do to you? She said, when he108 comes from the house of assembly, I want to wash his feet and drink from it109, and he refuses. They said to him, since it is her wish it is her honor.
107 oi3"js "saffron," also used as uneducated; she spoke Aramaic and did yellow dye. not know the rules o! good taste. 108 mnvs = ns. ("Water" is always a plural in Hebrew 109 The water used for washing. It and Aramaic.) is clear that R. Ismael's mother was
"»I n>rn:>j wj wj V*W N^ino JV»N> rn "VJN
. uov?n n^anNi γρπ lib -ion liino >377 γρκρν .nria^p wilpri *vpKi '31 pN nyia>»fi pN I^N
»iHS V^N νυψ "τ? .yiy ΐί mm νη?ηρ>Ν7 Ν)?>ΝΙ >> τηη llfl-JV >3")? H^ >> Ν'^ΙΝ 2α PEAH CHAPTER ONE
>3if -noa γαΝ >?-) -i&n ity n^-ij?)p ίοηπ ^Nyjovfj? Nbi τ>αν
.njvp ΓΡΊ£> i? JI>P n>ö>N rp> rriay i? Ι-IÖN .ON) IN
Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him111. Rebbi
Tarphon's mother said so and they answered her appropriately, Rebbi
Ismael's mother said so and they answered her appropriately. Rebbi Zeüra was sorry and said, if only I had father or mother that I could honor them and inherit paradise112. When he heard these two instructions, he said:
Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi
Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.
110 Reading of the parallel in 112 In the second version of the Ten Qiddushin. The Venice text has ran Commandments (Deut. 5:16), honoring instead of two easily made father and mother is explicitly substitutions. rewarded with the promise that "one 111 In moral matters, there are no will be well off" in the future world. universally valid standards, only Rebbi Zeira's case is identical with R. individual circumstances. Abun's.
«hi>i o?rn} ύ*ή:> Νΐηψ w?i can? vni>i πίοιυ? VIN ΓΙΝ Νίπψ w>
τητ) m "ft ID oanji νήίη πίκηο? v^N τ*'? T!V13 n>> "»ON .Tfc up V>>N na >iiN ΓΡ> ION τη .ρρ·>\?3 y>ijyiii ^ytö
V3N ΓΙΝ !7>?N5 Ν,νψπρί •)>>??? !?ί3Ν N}p N^P nir) γό Ί3 in ,17J> 13 w-ivi o?rna iifia "tsp? vhv) nioio?
.>ηπτ) ήπο ^iv N3N don .N»3inv£ 113m5«o nriN N»nna i>no>N
N^l N3N >> Ο.Ό 'p^'n PN .JIN N!?·) ΠΟ Jl^ VN
•17V 13 *Πί»1 O>0")3 13113 Ν$Οί HALAKHAH 1 31
Some person might serve his father fattened meat and inherit hell.
Some person might bind his father to the grindstone and inherit paradise.
How does one serve his father fattened meat and inherit hell? A person used to serve his father fattened chickens. One day, his father said to him:
My son, from where do you get the money for these? He said to him:
Old man, old man, eat and shut up just as dogs eat and are silent. It turns out that he serves his father fattened meat and inherits hell. How does one bind his father to the grindstone and inherits paradise? A person was a miller at a grindstone; there came a requisition for millers. He said:
Father, go and grind in my stead. If it should come to pass that someone is degraded, it is better that it should happen to me rather than to you. If it should come to pass that someone is beaten, it is better that it should happen to me rather than to you. It turns out that he binds his father to the grindstone and inherits paradise.
113 This is the reading of the requisition is from the government, parallel in Qiddushin. The Venice text probably for service with the army. here has ma* "assembly". The
V>pn .LII^IRI IJIIN") NVJI :ρ)ϊ!?Κ * ro* "ΙΟΝ?"! IN-YN VIW IO>< Y>>N
JIB la? -Miifj") nw ;piN τι# 155 I^NIJ ίθτίη> ON") IN toi» jiin ioN") V3N i^pöi 110x3 .oipjan -rap!? on") in *n-p? ν>>ρη *
ON") IN Jiib>p νήρη .iNon vn^ ypp» >5 V>N -»otf^ .r»pv
>3«»3 VT? •I^VO'? yV> οίρηπ
.ia Ίί^ψΨ
It114 is said (Lev. 19:3): "Everybody must fear his mother and his father," and it is said (Deut. 6:13): "You must fear the Eternal, your God, and serve Him." This brackets the fear of father and mother with the fear of Heaven. It is said (Ex. 20:12): "Honor your father and your mother," 22 PEAH CHAPTER ONE and it is said (Prov. 3:9): "Honor the Eternal with your property." This brackets the honor of father and mother with the honor of the
Omnipresent. Is is said (Ex. 21:17): "He who curses his father or his mother shall be put to death," and it is said (Lev. 24:19): "Everybody who curses his God must bear his sin." This brackets cursing father and mother with cursing the Omnipresent. It is impossible to speak about hitting relative to the Deity115. All this is logical since all three of them are partners in his creation116.
114 The exact parallel is in Sifra in relation to the Deity. Qedoshim 2-7; an almost identical quote 116 Since father and mother is in Babli Qidddushin 30b. contribute the animal part of his being 115 It is written (Ex. 21:15): "He who and God gives soul, spirit, and life hits his father or mother must be put to (Babli Niddah 31a). death." This law cannot have a parallel
>n .v-j^f iriio inipna -qip n^i inippa ιψν ιΟ νίϊο ιτη
13 Ν}ΐπ ικζπ ρ .N^ini ^yi&i w>a!po ηρψζ» νη oyn irrjN -ibn ρ Hb ,ί!?ψ» ion? Jin*1 .ίρ$ tyn *V3N N»n
νοψ'ψ o»^ Ρ5"|ΝΓ) JUS V2N 1!? 1»})? >OV >3")
.")>IN nn nnjr) ηψίΐφ von ΓΡ> jwjrf ΙΌΓΙΓΏ ib
What is fear117? He may not sit in his place and may not speak in his stead118 nor contradict his words. What is honor? He feeds and gives him to drink, clothes him and puts on his shoes, leads him out and in119. From whose money? Huna bar Hiyya120 said, from the old man's. Some want to say, from his own. Did not Rebbi Abbahu say in the name of Rebbi
Yose bar Hanina: From where do we know that even if his father tells him to throw the wallet into the sea that he should obey him121? That is122, if he has another one and if it helps to quiet his father's spirit. HALAKHAH 1 21
117 Sifra Qedoshim 10, Babli honoring father and mother. The Qiddushin 61b. What is classified here question is, why should the son be as "honor" is described in Tosephta obliged to throw his own wallet (full of Qiddushin 1:11 as "obligation of the son money) into the sea when he has to towards his parents." feed and clothe his parents from his 118 If the father is present. own money? Hence, R. Abbahu must 119 If the parent can no longer do agree that the old parents must be these things. cared for from their own money. 120 A Babylonian Amora of the 122 The proof from the statement of second/third generation, student of Rav R. Abbahu is not conclusive. There are Huna and Rav Jehudah, and son-in-law two conditions to be fulfilled in order of Rav Jeremiah bar Abba. In the that the son should follow his father's Babli, his statement is attributed to Rav command: First, that the implications Nathan bar Oshaia, a minor authority for the wealth of either parent or child contemporary with Rav Huna bar are negligible and, second, that the act Hiyya, and the statement that "some will have a positive influence on the want to say" is attributed to Rav mental health of the disturbed parent Jehudah. Even though Rav Jehudah is [otherwise, as the Babli points out the much more important authority, his explicitly, the son would infringe on opinion is rejected in the Babli, in the Biblical prohibition of wanton contrast to the Yerushalmi two destruction and, as the verse Lev. 19:3 paragraphs down. makes clear, one is not permitted to 121 In the Babli, this is one of the follow one's parents orders to commit a examples of Rebbi Eliezer about the sin.] seriousness of the obligation of
(fol. lSd) VN ΓΙ^ΝΓΠ VT>3 «ΛΝΠψ H^H .Π^ΝΓΙ 7fWl Υ>>ΝΠ tni<
in ,rp!?y οηπκ£ rovn van n*i>a η|?>3θ
,N>n rrjr? nß>9p wny
Both men and women123. Only the man has the power in his hand, but the woman does not have the power in her own hand because others have disposition over her124. If she is widowed or divorced, the power is in her own hand. 34 PEAH CHAPTER ONE
123 Even though the verse Lev. 19:3 unconditional and spelled out. is formulated: "A man must fear his 124 She can only care for her mother and his father," a woman is also parents with the consent of her obligated. It is then explained why the husband who has the administration of obligation of the man only is her property.
-13 17V »31 >3ΓΙ N3 -13 Ν>>Π >3") "«ΝΙ N3 -O Ν>>Π >317 ί^ΓΙ^η ON) IN Ti3>? Nin >ni> "jivw >3") >3*17 >ni> ·)3 ήνρψ >317 rii3 qj3N JIN"! q>3N DJS 13? "V3?0 Λ713>?)? "»JIV M71 7Π3 WVTJ90 i£3>7i|DV nn?v> v>i?> .qiin© * Ji£ 13?
ηψίνΐ n^oi >}y -»WVöi IWNi -iwypi n^-ifl \y>i?£ nN>£n nj^woi o>3Vin n$o o»iyn W ^>?N)?I Ji>3>3"j p>>ajpi -tawi nsio 3>>n JIN Vi< t? ON") .^>Ν"!733 1>>Π JIN 7} W> ON .D>NÖSC! T11S ")>N^> 1>3 ")in 7^ 1>3 ON"! IN T13>3 i>*N N3 Ν1Πψ3 ^N ."lill? JinN3 ,o>nji«iri ty 33PP J|)N it»3*o_ q»?N Jiho 7>3N ni< 135 Tin 7^ The words of Rebbi Hiyya bar Abba disagree125, for Rebbi Hiyya bar Abba said that Rebbi Yudan, son of Rebbi Simeon bar Iohai's daughter126, stated that Rebbi Simeon bar Iohai stated: Honoring father and mother is great because the Holy One, praise to Him, preferred it over His own honor. It is said (Ex. 20:12): "Honor your father and your mother," and it is said (Prov. 3:9): "Honor the Eternal with your property." When do you start to honor Him? When He was gracious to you! One gives gleanings, forgotten sheaves, and peah, one gives terumah, the First and Second Tithes127 and the tithe for the poor, hallah, one makes a sukkah, lulav, and shofar, tefillin and zizit, one feeds the poor and hungry and gives to drink to the thirsty. If you have the wherewhithal, you are obliged for all of these; if you have nothing, you are not obliged even for one of them. But when it comes to honoring father and mother, whether you own property or you do not own property, you must honor father and mother, even if you are a beggar at people's doors128. HALAKHAH 1 25
125 The text of the first sentence is poor but for one's own family, to be that of the parallel Qiddusin 1:7, fol. eaten in Jerusalem. It is supposed that 61b. R. Hiyya bar Abba disagrees with at any family festival one also lets the the words of Huna bar Hiyya that all poor eat from the festive meal. The the children have to give to their Second Tithe is due in years 1,2,4,5 of parents is their time and attention but the shemittah cycle, the tithe for the not their money. poor in years 3,6. 126 He is not mentioned anywhere 128 Who takes charity instead of else in the Talmud. giving it. 127 The Second Tithe is not for the
ij'rritny© wj ")3 o"n rniN a>ro HIT\?: ->3 N3N >31 oytfa νπν >a*)
>73 nil»? ϊψ wn -p-13 νπρη b\?>>\? .yiri Nbi
niji? -ιρψρ^ρ a>rp >3-1 ογή ΝΠΝ >ri .<1310013 γήπ ywiy y-ri> η* mTin3 ·$) nmy no'bso ,o>»n niN^in woo >3 n^i? τη^ο avi^n τηψη Njns ->3 N3N >31 ION ,o>»n IOO τ\\
•150 Ot^^ Jiibfcay n)5t>p .Jii"rtor>3Y> rnion ri)s«?>
.o>o> rpiNn·) a»ii3 ΐί^Γίγήι .o»o aN *na>? τη jiVwonjy rninn n^p
Wtfp aw ia a>Ji? ainrj nyn? »οπψ na^ on liaN >3")
>3-1 ->on JIW93 ΐο>ρι o»? ήιυη ia -po> TD'-in?
Jiyn33 ϋη<ψ -»370 ain nyna3 Νΐηψ -137 ton rti>o nan1? Νίτη >•»> no ,ηιψ ujuvi13 H Ιίΐοψ ow? >ni> 13 liypy) >3"! ain
11^31 ON] IN TK-P? by nvybny yy ON NNN»> oiaro sy>N vy oyo
ηρΝ Νΐηψ aniy Nia> bf)5 ^"py ζ)ΐ")ί?? omn by ONJI nj?ri Nb by
19η-) Niny Nia> .-»φ .raoo rurn bNi πηρη
.Π30Ρ
Rebbi Aha in the name of Rebbi Abba bar Cahana: It is written (Prov.
5:6): "She129 does not smooth the way of life, her tracks deviate and you will not notice it." The Holy One, praise to Him, moved the rewards of those who fulfill the commandments (to the future world) so that they 24 PEAH CHAPTER ONE should act in faith. Rebbi Aha in the name of Rebbi Isaac: It is written (Prov. 4:23): "Observe carefully all which must be kept, for from it comes life," observe carefully all you were told in the Torah, for you do not know from which of them will life come to you. Rebbi Abba bar Cahana said, the verse equals the easiest commandment with the most difficult one. The easiest commandment is sending away the mother130. The most difficult one is honoring father and mother. For both of them it is written: "Your days will be lengthened." Rebbi Abun said, if for something that is repayment of debt131 it is written (Deut. 5:16): "That you shall be well and that your days shall be lengthened," so much more something that involves monetary loss and personal danger132. Rebbi Levi said, this one is greater; repaying a debt is greater than fulfilling an obligation that does not involve repaying a debt. Rebbi Simeon ben Iohai stated: Just as their rewards are the same, so their punishments are identical. (Prov. 30:17) 'The eye that scoffs at the father and despises to obey the mother," the eye that scoffs about honoring father and mother and despises the commandment not to take the mother with the chicks133, "the river ravens should pick it out," the cruel raven134 should come, pick it out, and not have any enjoyment from it, "the sons of the eagle should eat it," the merciful eagle should come and enjoy it.
129 The strange woman, symbolizing raising the child. non-Jewish attitudes. The rewards of 132 Sending away the mother is a good deeds have been removed to the potential loss; climbing a ladder to get World to Come. the eggs or the chicks is a potential 130 If one happens to find a bird's danger. [Rebbi Abun was in personal nest, one may take the eggs or the danger for refusing to worship the chicks but not the mother (Deut. 22:6- Roman emperor as a god; Yerushalmi 7). Berakhot 5:1).] 131 Honoring father and mother for 133 In the verse it is written nnp'V HALAKHAH 1 21
"referring to obeying;" in the Talmud new development; in old texts its left text, this is shortened to nnp^ and, leg touches the top bui is displaced apparently under the influence of the towards the right; it looks very much dialect of lower Galilee, which makes like η no difference between η and n, reads 134 Which is reputed not to feed its nnpV "to take." It must be noted that young (Ps. 147:9, cf. Babli Ketubot 49b). the writing of the letter he as η is a
ION .irijv >317 >1!h>i p^M wj -13 *τπ njin i>3>ji> Yin >nj> >31"} iJj}i> >31 >> njin to n>> njjN >ioi> ρ ο>>ψ η)Γ) η>υ no »32 '31 n>t? ηιρ^ι n>> ι ©ν .n>n>W >1bi> Νηψ>:>? nia t?>t n>i>?Nl n>i>?n»T nn.3 >31 n»3 ΐϊη .nb JW V>"IN} n>> ->ON ,n>> paiDi n>> -»ON .η>?>η>3:> ηϊ
Hpnj -»3 >3*) νπν 13 ιρι»> >3*» νγιν .η>οψ in nyinv» njpg"} u?ii> lis >3*1 >3 »31 "VPN .3Nn JIN 13D ijjjv >31 oy)3
.απη TIN yty 13η nN ι>?ί3ψ fqrD >> VT13 Ν jjj^oy-b? 1Y>D >NI>D Rebbi Jonathan and Rebbi Yannai were sitting together135. There came a man and kissed Rebbi Jonathan's foot. Rebbi Yannai said to him: What kindness did he pay you back for from former days? He said to him: He once came and complained to me about his son that he should support him and I told him, go, assemble a congregation and humiliate him136. He said to him, why did you not force him137? He said to him, does one force him? He said to him, you still have questions about that? Rebbi Jonathan changed his opinion and fixed it as a tradition in his own name. The result is: Rebbi Jacob bar Aha, Rebbi Samuel bar Nahman in the name of Rebbi Jonathan, one forces the son to feed his father. Rebbi Yose bar Abun said, if only all traditions were so clear to me as this one: One forces the son to feed his father.
135 In Babli Ketubot 49b/50a, a Jonathan and Rebbi Hanina, but there similar story is told about Rebbi one deals with a special situation that PEAH CHAPTER ONE does not imply anything for our case support his penniless father. here. 137 By a decree of the Rabbinical
136 Apply moral force to get him to court, following R. Simeon bar lohai.
.-m?"! o>»n Hyw τοπ) np-js
π)η pn^p ai -α iwin^ >n-> .N^JI ο«Γη mri o^iya
IP -i)p\f)öi >nn nyw >3-1 n^rji >inip n^rji η>Γΐψ3>ψ
VVy π^π η)Γ) :υρττ ηο") .YTO »on rpN V!0> MQH
P05»? a*! -»3 ΪΗΪΜ >11Π97 N^i? rn? npaj vp-jai v>p jvpajjiro*·} Ν'ζΐψ ρ Νηψ>Ν nrin? .TOO Τ»ρ?3 ΝΠ90
N^p VII >vn pirpN "pirn N-jta^l? V3 "W? TV?
"Works of kindness138." As it is written (Prov. 21:21): "He who pursues charitable donations and works of kindness will find life, justification, and honor." Honor in this world and life in the world to come. Rebbi Samuel bar Rav Isaac139 used to take branches and danced while singing140 before brides. Rebbi Zeira saw him and hid himself before him; he said, look at that old man, how does he make us ashamed! But when he died there were three hours of thunder and lightning in the world. An echo came from Heaven and said: Rebbi Samuel bar Rav Isaac, the worker of charity, died, come out to do charity for him! Fire came down from
Heaven that was formed like a fiery branch and separated between the bier and the people; the creatures were saying: Look, his branch stood up for the old man!
138 Quote from the Mishnah, to better light, in Babli Ketubot 17a. The introduce the next theme. essence of the story is that personal
139 The story is told at length in effort, in particular for weddings and
Bereshit rabba 59, and in a shortened burials, will not go unrewarded. version, which shows R. Zei'ra in a 140 From a root that appears in HALAKHAH 1 12
Arabic as obp "to dance while singing, from the standards of dignity upheld singing harmoniously." He deviated by rabbis. otoy aio nif^i ν*)ΐα -NO a>Jia .i"V3r$ 07$ pa otoy ΓΙΝ^ΠΙ NJprov» "V?n ."»OK oippa irrai·)·) iijipna invpa msni .Η}Ό o>»oi n^n o^iv? tia? i^nb π9>ή nip .n9>7i nyTi "Making peace between people.138" It is written (Ps. 34:15): "Move away from evil and do good, look for peace and pursue it." Look for peace at your place, pursue it at another place. Rebbi Tavyome said: It says pursuing, pursuing141. Just as it was said there, honor in this world and life in the world to come.
141 Both the verse from Psalms here "to pursue." Hence, one may assume and the verse from Proverbs in the that the meaning is the same in both preceding paragraph use the root ηπ cases.
το V&injii ->937 κ»η >a-n rv:m .mri*i "na^rn
7Γη .mTiJiD ")>? tny Ί!?>£>ΝΙ τηψ Ü>N i^D o^yn-ϊ??
>3·)·) NjpinjTj >a*i .rntinn γα *rn# -137!? πίιψ rn^nn H}H '3ΎΤ >ίΐκ N}N >2"! .N^nS "TOI -^l5?? το >t?i> aiJi?") .η} ιιψ? IBW "ΤΠΪ* am? ΝΠΝ ^an 0^3 n» -13 Jiiaio omN ο>*9η .na ηϊ p^rr!?;» ιοίκ "τη* * οιο n^Na a>n?T n-jir» >137 ^>5190 "And Torah study.138" Rebbi Berekhiah and Rebbi Hiyya from Kefar Tehumin142. One said that the entire world is not worth even one saying of the Torah. The other said that even all commandments of the Torah are not worth even one saying of the Torah143. Rebbi Tanhuma and Rebbi Yose ben Zimra, one said like the first and one said like the second. Rebbi Abba, father of Rebbi Abba bar Mari144, in the name of Rebbi Aha: 4£> PEAH CHAPTER ONE
One verse says (Prov. 8:11) "all desirables do not equal it;" the other verse says (Prov. 3:15) "your desirables do not equal it." "Desirables" are gems and pearls, "your desirables" are the words of the Torah, for it is written
(Jer. 9:23): "For these I desire - saying of the Eternal.145"
142 An Amora of the third "Rebbi Abba, father of Rebbi Abba generation, possibly from Capernaum. Mari." It is also possible that Rebbi The statement here is the only one Abba bar Mari is the posthumous son preserved from him (unless he is of Rebbi Abba but did not want to be identical with R. Hama from Kefar called Abba bar Abba to indicate by Tehumin, mentioned sometimes in his name the unhappy circumstance of Midrashim.) his birth; Mari would not be a personal 143 He asserts that study is more name but a word meaning "my lord important than doing, an attitude that is (father)." challenged below. [The contrary 145 The verse ends: "understanding position is quoted without opposition in and knowing Me," i. e., studying Torah. the Babli.] Even the words of the Torah are not 144 At first glance, it seems equal to the commandments of the impossible that Rebbi Abba should be Torah and executing these is of higher the father of Rebbi Abba bar Mari. value than study only, parallel to the Now it is possible that one should read: position of the Babli.
ft τνη^γ) η}κ ->Ϊ>Ν .n^tn -το η^ψ .rmyD7 n^n?
>s?ni ΓΡ} ,-i^ia τη η^η n£>>? >!? ηη^ψ t\h) r^ n^
NiNi .π1? n\?jn NJNI n^ra >> ηη^ψ JW"7 h5H Tiy N^I .n} tO nron a>rp7 κηφ^ίρ κ>ίη ιβ JW7 ft JW^V
•jrhN
Artaban146 sent a priceless147 precious pearl to our holy teacher148 and said to him: Send me a thing of equal value. He sent him a mezuzah. He said to him: I sent you a priceless thing and you send me something HALAKHAH 1 41 worth a follis1*™. He said to him, your possessions and mine together are not equal to it! Not only that, but you sent me something that I have to watch over and I sent you something that watches over you while you are sleeping, as it is written (Prov. 6:22): "I will make you rest when you are rambling."
146 Artaban III, the last ruler of the Anastasius equal to 40 units of the Parthian empire. smallest coin called nummus. 147 Greek ατίμητος, adj., Originally, follis means "bellows", then "priceless"; τιμή "worth, price." "bag, small coin", later "money bag" 148 Rav, who has this title in several representing a standard value. Follis as passages of the Yerushalmi. a coin appears only after Diocletian's 149 Latin follis, Greek φόλλις, -εως, currency reform. The use of the term ό, in the late Roman empire a small reflects the time of the edition of the copper coin (V288 °f a solidus or Yerushalmi, not the time of the actors V1728 an ounce of gold), under the in the story. (For a similar adaptation (much later) Byzantine emperor in a Babylonian source, cl. Note 102.)
*n»!?ri τη OSO >on pn >? Nnj? p-m ρ vov ro!?>)Mi w o>>?> «ηΝΓ) n^ri -»ypi .ONI IN *rar? n* OD>»D N>n > ·> .rnirt
d-JN o^V .onVQ
Rebbi Mana understood all of them from this verse (Deut. 32:47):
"Because it is not an empty word from you," that is the study of Torah,
"because it is your life," that is honoring father and mother, "and by this you will have a long life," that are works of kindness, "on the earth," that is making peace between men.
nn»i? "Πί?τη τηπ o^iy? Ο^ΝΓΙ ρ vynai ΐοψ Dnni ny^-iN Τ}«?1»
VI·? 1Μ<Π .o>n7 niny rn$ rqiiy in tew ,ν^π o^y^
•nnbrjnp .n? N>nrj v>a|n 1?3)? rn$ rrpny η» mn ovo N¥0 .n»py njiyi rurpi νωοψ njiy utffy 42 PEAH CHAPTER ONE nynn ny^N π>νι 1?J>? nv^V .in$ wi>n η^ντίι ηκ\?η
* vi? .I>JO o^l JIID>«)V >morn nmn
nim? ιΟι bit? tft iniN ino inn ^n ν} Νΐηψ? .Nivwp >?iv
.JIV?VT* Jnaip iw> nip^n >naw-|73 Λ jvp? N!?N n£i*nn
Correspondingly150, there are four things that a person has to pay for in this world and the principal remains for him in the future world: Idolatry, incest and adultery, and murder. But slander is equivalent to all of these.
Idolatry from where? (Num. 15:31) "This soul shall certainly be cut off, its sin is inside it." Why does the verse say "its sin is inside it?" This teaches that the soul is destroyed and its sin is still inside it. And it is written (Ex.
32:21): "Please, this people has committed a grave sin, they made for themselves golden gods.151" Incest and adultery from where? (Gen. 39:9)
"How can I commit that grave evil and sin before God." Murder from where? (Gen. 4:13) "Cain said to the Eternal, my sin is grave, it cannot be removed." When he comes to calumny, it does not say in the singular
"grave" or "the grave" but in the plural "grave" (Ps. 12:4): "May the Eternal cut off all slippery lips, all tongues speaking grave words152."
150 Tosephta Peak 1:2. expression is then used to characterize 151 The first verse proves that the the other deadly sins. sin stays in the soul at death, the 152 This is the introduction to a second verse is a paradigm that such a lengthy section on the sin of calumny. sin is called "grave;" the latter
Γφη> >a-n *VNn 'in -i>?n no .οοηκ ΪΗ njn ojjjt ηρν ni»i 3>td
-MpiN niin> >a-» .'no ρ -ON Sy in viwn *V?N *VNO ran ,ήνηψ >ry)
-ijoiN liypw >3-)i ν?πύι πίη^ψη >533 in (foi. i6a)
οξΐψο nii> rn -»on .^νγι Jiisj? itwy ID ΐ>Μήί
.'nn ρ ίιν ϊχ in piwri -»on no .or? »jay-!?? ιη'ν^ο HALAKHAH 1 42 o>^v τ»νψ ionyn D^io ON NVI rpT}
Kl} VitM Jrinpyn »333 10 !>!?#*)? TON no .073 rijinsn N}VT ΝΠ .Χ)ΗΤ\ ΓΪ033 inWV "ΙΟΝ Π0 .«IPV T3tf? ovT}¥3
.TOW) ηρν W vjytn nm nyr\\ .rft N^nn In its written (Gen. 37:2): "And Joseph reported their evil slander to their father." What did he say? Rebbi Meir, Rebbi Jehudah, and Rebbi Simeon. Rebbi Meir said, they are suspected of eating flesh from a living animal153. Rebbi Jehudah said, they abuse the sons of the handmaidens and treat them like slaves. Rebbi Simeon said, they are infatuated with local girls154. Rebbi Judah ben Pazi said, (Prov. 16:11) "Balance and scales of justice are the Eternal's; all weight-stones are His work." What did he say, they are suspected of eating flesh from a living animal? The Holy One, praise to Him, said: So I testify for them that they first slaughter and then eat, (Gen. 37:31) "they slaughtered the he-goat and dipped the coat into the blood." What did he say, they abuse the sons of the handmaidens and treat them like slaves? (Ps. 105:17) "Joseph was sold as a slave." What did he say, they are infatuated with local girls? Lo, a she-bear will attack you, (Gen. 39:7) "his master's wife lifted her eyes to Joseph, etc."
153 This is forbidden for all man- 154 Canaanites whom they are for- kind as one of the Seven Command- bidden to marry. ments to the Sons of Noah.
Νΐηψ tv τοίΝ ü>k jnn τοίΝ wny nt pnv >31 dv£j Nt?> >31 ^TN >0 UTIN wripyj ->>3313 τγίΝ NO*>\? no1» .Tj^io
NO*>\? no .^TN}! o?0V3 VNV>in i^N"! >pvN} Noin 07N niT>3VT^? »rpvi JIN* U>3 pny? »3*1 TON ΎΙΝ3 tftrpn on>s o?o^3 133 ayri 13 ι^ϊη> >3Ί TON Ι>ΝΊ φτρ? i? ΓΙ>Ν Nyril no ο>η>Ν τον ν^τ^ι ιοϊ» no .^ντ irm }ΟΝ 44 PEAH CHAPTER ONE
Rebbi Yasa in the name of Rebbi Johanan: He who calumniates does not speak until he has disowned the principle155. What is the reason? (Ps.
12:5) "Who said, by our tongues we shall overcome, our lips are with us, who is master over us156?" All sins a person commits on earth, but this one they commit both in heaven and on earth. What is the reason? (Ps.
73:9) "They put their mouths in heaven and their tongue wanders about the earth." Rebbi Isaac said157 (Ps. 50:22): "Understand that, those who are forgetting God, lest He will tear158 and nobody may rescue." Rebbi
Joshua ben Levi said (Ps. 50:20): "You sit, talk against your brother, you find fault with your mother's son." What is written there? (Ps. 50:16)
"God said to the evildoer, what right do you have to speak about My laws, to keep My covenant in your mouth?"
155 The principle of the Jewish the evildoer is defined as the faith, that God is the Ultimate Judge. calumniator and, by the last verse 156 This is a declaration of atheism. quoted, as such is forbidden to study 157 It is difficult to see what the Torah and to recite the Shema'; i. e., sermon of R. Isaac is. Probably, one even if he did try to fulfill the basic should read: R. Isaac in the name of R. intellectual commandments of Judaism Joshua ben Levi said We also find it would be a sinful act on his part. elsewhere that R. Isaac quotes 158 In the Biblical text: Lest I shall traditions of R. Joshua ben Levi. The tear. essence of the latter's sermon is that
>2-i '3ri ΪΟ Ίΐ?Η ,ιη *Πί?ψη jnn n-jn\N
n>)?03 >3ji .inn JII^D-I n ^jaya !?>piT tr>ri ϊκνιρψ M VJYP 71$ N* WOO MN BPVR? NHJI Where is a warning about calumny159? (Deut. 23:10) "Keep yourself from every evil word!" Rebbi La said that Rebbi Ismael stated (Lev. 19:10): "Do not walk around as slanderer among your people," that is HALAKHAH 1 Αϊ slandering, calumny. Rebbi Nehemiah stated that you should not be like a trader who carries things from one person to another and vice versa.
1S9 Nothing can be forbidden that is different Tannai'm, are in Babli Ketubot not mentioned twice in the Pentateuch, 46a. In Si fry on Deut. 23:10 (#254), once to state the prohibition and the "evil" is defined as a sin that brings second time to spell out the punishment exile on the people, and calumny is for violating the commandment. [The explicitly included.] same arguments, in the name of
οηΐΓφη η^τψ νιο wn n^j? nip? Nia N}>3TJ rr> -»©N n^-jpi n*)v pnimi .rnyi on^iN pa otoy >»v>D> >N13 i? on-jiN!?1) njiy ^ ^P njriN i»ri? ^Nl otfl *T>N OJON mry ni?n$ nt n^ »on n^j? η)?? ntoi Nla !7N>>raj 15 ήνην >?i!fl in?
«jpp V3 ^VTfl H? »Iii o>airi3n ν^ψ jnn pjn Π3 .-ιηκ> into n^ -ION> ηρν a>rt:rr Nino νηι*!? loa^N n^i :m nj ay njn ηρν> vvpNii Rebbi Hanina said: Come and see, how hard is even a hint of calumny that the verses spoke untruth in order to make peace between Abraham and Sarah. (Gen. 18:12) "Sarah laughed to herself, saying: After having wilted I became dainty160, but my master is old." To Abraham He does not say so, but rather (Gen. 18:13): "Why now did Sarah laugh, saying how can I give birth, being old?" It is not written "my master is old" but "I am old". Rabban Simeon ben Gamliel said161: Come and see, how hard is even a hint of calumny that the verses spoke untruth in order to make peace between Joseph and his brothers. That is what is written (Gen. 50:16-17): 'They empowered [a messenger] to Joseph to say: Your father commanded before his death, saying: So you shall say to Joseph, please forgive etc." We do not find that he (Jacob) commanded anything. 46 PEAH CHAPTER ONE
160 Her wrinkles had disappeared We have stated: Rabban Simeon ben and her period restarted. Gamliel said, peace is great because 161 The formulation in Bereshit even the tribes spoke untruth to obtain rabba 100(9) is easier to understand: peace between themselves and Joseph.
^ Vin "livfr iriin >3-1 oyto ipnj n? ^ΝΊαψ
>3-) >»ίρ Ν)/? >3*1 'tin^oi N13N >}ni oyv? not
•V5N .Ji>)3)iwri jik y>??» nnn 13 n»?VTN ntjj n© >ian Ny>
Rebbi Samuel bar Nahman in the name of Rebbi Jonathan: One may calumniate disruptive persons. What is the reason? (IK. 1:14) "I shall come after you and confirm your words.162" Rebbi Zei'ra asked before
Rebbi Yasa: Why was Adoniah ben Haggit killed? Because he asked for
Avishag of Shunem163? He said to him, they were looking for a pretext to proscribe the lives of disruptive persons.
162 While Bat Sheba told the truth, Yerushalmi was none for the Babli, the intervention of Nathan is intended Sanhedrin 22b, where the Galilean to cause trouble to Adoniah. Hence, Rebbi Jacob in the name of R. Johanan the sin of calumny extends even to true explains that Avishag, while she was statements unless their publication has not a concubine of David, had the legal some value for the public peace. status of one and, therefore, could not 163 What was a problem for the be married to anybody but a king.
y-jij int >ί< ι^ην >3*ι >ιρίρ ην?
They asked before Rebbi Johanan: Who is guilty of calumny? He who says it and he who accepts it164.
164 The person who accepts infor- without protesting is as guilty as the mation which he recognizes as calumny one who disseminates it. HALAKHAH 1 42
,p>>p ν1?·) >(5in -»3 npjvp -τη i^ri n)rn roota njn >ίοηοτ κηυη
>31 .^"»αη na >ΓΙ>> -mjn psain ίο "V3N Ή Ν>ρν V>PN "IJN no n^rji mote ιίη> π)Γ) ytfanrr n>p"n>ia .üMria νΐη γίν)^ ί&ν γ\\ ι^ην
>31> mTj93>? 1JN tn> -τη ion pbp n^i ijni> npjpo τη i^ri liW!? -»on τη \y>p!? 13 ήνρψ >3") "»on IJOV >ji» pn)pN .vi κηί> ijnv
.p"m Vin
The linen traders had an assembly165. There was one whose nickname was Bar Hovez (son of the cheesemaker) who did not appear. They said:
What are we going to eat today? One said: cheese, then the cheeser will come. Rebbi Johanan said, this one was calumniating in secret166. The city councilmen167 of Sepphoris had an assembly. There was one by the name of Johanan who did not appear. One said to the other, let us visit
Rebbi Johanan today. They said168, Johanan will come169. Rebbi Simeon ben Laqish said, this one calumniated justly.
165 The root is nox "to take, since it follows from the next remark squeeze, together." that a single person said so. 166 By making fun of a nickname. 169 When he hears that he is given 167 Greek βουλευταί "councilmen". the title of Rebbi. 168 This seems to be a scribal error
ΓΡηψ ·>τ> ty vn o>pns ivr ty i-m Njrp 13 Ί&Ν
ION ΤΠΨ Nin ."p>?ii vm r»?9>>33 =ι>ζ) o>i<3^ η'νοϋΐ ι??« π* O>N3!? ττϊγι? .o>v>rpi? na?yii< o>Na>
.ynn -ΙΠΝ vorn!? νηψ ^9ΪΠ>ΠΝ·} HOT n* o>pr)ib .rnins
>>y,3 onapir) a>3iDi .n£>yp ^N o^ni n>in 07N >53 o>3^n Nii^ o>3>*n n^jo a*io .ίΝΝψ ινη VT>3 n^>yp o>n^yn pa-» ion -pig. νίτρο >33> T17 iijn n^v ηηίκρ
ty njpn a^ypi ΝΊΠΠ ΐηί'ρψ p>p ·η»> "τπ^ρψ η® 4& PEAH CHAPTER ONE
^n rv^ n^iai! miy ακηκ iy i-m ^N .tifta? Y] W^? Ο'Π^Ν
Nin "ρηϊήη v*nv κηίο^π in!? ΓΡΠ
-toij"! * >N>35 Jihi >ηη3 >r)>v>y I^N Tjin
ίθΝ .ΟΙ}!? Π)?!? O>0 ON"! ο>0 ΟΙ* 0>3!75N1
ON !?)?->3n wöa .oo!?n yia "mv Ν>ΙΓΙ> to νΨί? o>pn vny
Rebbi Abba bar Cahana said, the generation of David were all just170 but because there were informers171 among them they went to war and were falling. That is what David said (Ps. 57:9-10): "My soul, among lions
I am lying down with blazing fires." "My soul, among lions," these are
Abner and Amasah who were lions in Torah; "I am lying down with blazing fires;" these are Doeg and Ahitophel who were eager for calumny.
'The people, their teeth are spear and arrows," these are the owners of
Qe'ilah, as it is written (ISam. 23:11): "Will the owners of Qe'ilah deliver me in his hand, will Saul come?" "Their tongue is a sharp sword," these are the people of Ziph (Ps. 54:1): "When the people of Ziph came and told
Saul." At that moment, David said before the Holy One, praised be He:
Master of the Universe, why should Your glory descend among them?
Remove Your glory from them! That is what is written {Ps. 57:6): "Rise over the Heavens, ο God, higher than all earth Your glory!" The generation of Ahab were idolaters but since there was no informing among them they went to war and were victorious. That is what
Obadiahu said to Elijah (IK. 18:13): "Certainly it was told to my lord what
I did when Izebel slew all prophets of the Eternal etc., and I provided them with bread and water." [If bread, why does he have to mention water172, and if water, why does he have to mention bread. This teaches you that it was more difficult for him to provide them with water than with bread.] But Elijah was standing on Mount Carmel and declaring (IK. HALAKHAH 1 42
18:22): "I remained alone as prophet for the Eternal," and everybody knew and nobody informed the king173.
170 At least on the surface they 172 Since "bread" may mean "food". were no idolaters. 173 That there were another 171 Latin delator "informer," delatio, hundred prophets hidden by Obadiahu. later form delatura "denunciation."
">0#$y nr| npiNi? nyby nin Niny >y>}y ίτιΐκ «nip nj^i "»Otfiv it?3>py !?Wy 1*1>3)>Ιψ >ΗΫΙ «-»Οί bwy .v^v •Vi^ll I? ilwpy >i> is yyin> >3*1 ,:ni)J rxift -odn ."03N) vby N} imp> piny ony? by 197 nyvy by >ib 13 yyin> >31 by 1oy> toy onpny by y>p^ yn·» .inipj wjpb ipnyri »p!p vnnri ty oPNbo Ί33Ν nby»l 3'iPl Nino Til •Ό7 IP tJ>>9nn!p bwyb ο»?·! Nby by ."rrft ί?3Ν 1>? an? >V3 tin no n>b -115* qb^yn 13? TO πν-ι oj mo mrm Kinn njiiri Nbr) n»> bjijob w<3y ιρ?ι .injim ηνσ3 pin »ibibtt ρ y>l .iny^n n*i>p3 nnw) n»?n nny^n ni>p3 jnjpg >33 .-03g .nrpp o>}rpn -py 3I33 nlnpb Vr# np'ap njvny >7» by onjpiN Why is it called "triple174?" Because it kills three: The one who says it, the one who accepts it, and the one calumniated. And in the days of Saul, four were killed: Doeg who said it175, Saul who accepted it, Ahimelekh who was calumniated, and Abner. Why was Abner killed? Rebbi Joshua ben Levi, Rebbi Simeon ben Laqish, and the rabbis. Rebbi Joshua ben Levi said, because he made fun of the lives of his squires as it is said (2Sam. 2:14): "Let the squires get up and play before us, and Joab176 said, let them get up." R. Simeon ben Laqish, because he prefaced his name before that of David; that is what is written (2Sam. 3:12) "Abner sent messengers to David the underling, saying: Whose is the land?" He wrote: PEAH CHAPTER ONE
From Abner to David177. The rabbis say, because he did not let Shaul make peace with David. That is what is written (ISam. 24:5): "My father, see, but see the corner of your coat in my hand!" He said to him, what do you want from the prattling178 of this one, it was torn off by thorns179.
But when they came to the circle, he said to him (ISam. 26:14): "Can you answer, Abner?" About the corner, you said it was torn off by a thorn; were spear and pitcher cut off by a thorn? But some say, because he had it in his power to intervene for Nob, the city of priests, and he did not intervene.
174 In all Yerushalmi Targumim, 177 A letter addressed to the king calumny is called 'Kn'Vn ιψΛ "triple would read: "To David from Abner." tongue." The same explanation is given The supposed inversion is intended to in Babli Arakhin 15b. show that Abner considered himself a 175 That the priests of Nob had king maker, not an executor of God's given David the holy bread. will as declared by Samuel. 176 The reading of the text, nan, 178 It seems that Yerushalmi is not only contradicts the reading of the the same as Babylonian verse but makes no sense here since 179 Rabbinic feminine nvo is the Abner was the instigator of the duel. same as Biblical masculine to "thorn."
π?ζ> ηη .·)>?ίρ>?ι V?t o'prn ^ni oy -riaa »an >pn?>? >3 tohf) .o^aa» >pnap in? o^riarrt?? .pimn jmjpa toi sna nnjna triNa ηψν» .ormn las tO
(Ps. 120:4) "The arrows of a hero are sharpened over hot broom coals." All weapons kill at their place but this kills179 at a distance. All other charcoal that is extinguished on the outside, is also extinguished on the inside, but these, even though they are extinguished on the outside, are still burning on the inside. It happened to one that he put down burning charcoal on Sukkot and came and found them still burning on Pesah. 179 Arrow or calumny.
.T\T\SV lilvibi HJJK no >i?o 1903 -»5 bhooy >an -ION
»pio !?DiN") «πio n>-)N ΓίΝψ ^ n»jr) no >> onj π ΊΟΝ
"IO#TI>N tyiPN wnjn ^w? 01s itf? ->ON n»}n no w ϊηίΝ)
I75") tny ->3N jvii njiN no >jsp .no? N}>ir) ji>dj Ν»ΟΨ 10
Νΐηψ LIW^D NON ΟΓΙΝ >>·) ION ΝΨ^ΙΟ
>«0 no '3301 .nnwa nin") >oi"i? ">0W ·>ονη Jnini in? now
.o^iv (foi. 16b) >?n noN .rri-mn v? Rebbi Samuel ben Nahman said: One says to the snake, why when you move does your tongue flow? It said to them, that180 caused it for me181. What profit do you have from biting? A lion tears up and eats, a wolf tears up and eats; you, what profit do you have from biting182? It said to them (Eccl. 10:11): "If the snake would bite without a whisper," I would not bite unless it was said to me from heaven: bite! Why do you bite one limb and all limbs feel it? It said to them: Why do you ask me? Ask the master of the tongue183 who speaks here and kills in Rome184, speaks in Rome and kills in Syria. Why are you found among fences? It said to them, I broke the fence of the world185.
180 « = *m The Latin locative Romae, "in Rome", 181 Because of my evil talk (and since the word is preceded by a, "in", is calumny about God) I was turned into a probably not meant. But redundant snake. constructions involving foreign words 182 A human who is much too big to are found in the Yerushalmi. swallow. 185 By being the first to commit 183 The calumniator. adultery [cf. the author's The Scholar's 184 Hebrew spelling perhaps Haggadah (Northvale 1995), pp. 308- derived from Greek Ρώμη, "Rome". 309.] 52 PEAH CHAPTER ONE
m^n .ni-pa n^ VN) yip rty w rnT>^ .nrva νη inj? n^n
oirttyHB na aio ">? pn* ^ÖN *ν?ίθψ Jirpa n^ yip n!? vi>
.V? n^Vi "»Hi ν*) νψΐ> >iN "ΐϊ>ξθψ nl-pa vwi lip vp mr>?ii
N? N!? V> N? Η^ΝΨ riyairb? D:?*H Η?« O>>PP >DN no
.n§ I>N n$ ntyy N^ft
Merit has capital186 and yield187; sin has capital but no yield. Merit has capital and has yield, as it is said (Is. 3:10): "Tell the just that it is very well, that they will eat the fruit of their actions." Sin has capital but no yield, as it is said (Is. 3:11): "Woe to the bad criminal, the retribution for his actions will be come upon him." How can I confirm (Prov. 1:31):
'They188 will eat from the fruits of their way?" Every sin that produces fruit has yield189, that which does not produce fruit has no yield.
186 It determines the reward in the 188 Evildoers. world to come. (The entire paragraph 189 The adulterer who produces a is from Tosephta Peak, 1:2-3, also bastard child will be punished for the quoted Babli Qiddusin 40a). child in this world while all the 187 The rewards in this world that punishment for adultery is reserved for are given without diminishing the the future world. rewards in the world to come.
vmpn pN njn njynip wn tp-»} wrrpn n;io π}ψη© viyyfö Νΐη vmpn η^η» .n^ob NVI ^
ΝΊΠ RJN^ vmpn γη njn η^ψηο .iny-» T»I< VW * >*O> N^F) M
"W^YM NJPJRR N^N * N> >A>} >JWQ ON ΗΚ ΗΨ^ΡΐΡ
"VI π^^πο n^nyo Νίη ιν^ vmpn γπ Γφν> η^ηο ο>ί*3
.ΡΙ915Ι)? NIN ^N? Ϊ/Π^Π γπ N}IO N^YNO ,ΗΡ-^Η ΝΊΠ ΠΉ?
.rpa^!? N^") .rprntytjlp "»IBV»)? n^rj Νyjpv "Wl
.ijnr) .a'pv? TON t>on>? Inppp .n^o mn in^ νίτρο run "WOO
.inn ii»N5 nwi?r> v^ n^D) ύ-ρη!? αψηψ ifön N&i HALAKHAH 1 32
The190 Holy One, praise to Him, adds good intention to deeds; the Holy One, praise to Him, does not add bad intention to deeds. The Holy One, praise to Him, adds good intention to deeds as it is written {Mai. 3:16): 'Then those who fear the Eternal will speak together, each man with his neighbor191." The Holy One, praise to Him, does not add bad intention to deeds (Ps. 66:12): "If I saw mischief in my heart, the Eternal would not listen." That refers to Israel, but for Gentiles it is the reverse; the Holy One, praise to Him, does not add good intention; bad intention the Holy One, praise to Him, does add. The Holy One, praise to Him, does not add good intention, as it is written {Dan. 6:15): "Until sundown he tried to rescue him;" it does not say "to save him192." The Holy One, praise to Him, adds bad intention: {Obad. 9-10) "From killing193. Because of the oppression of your brother Jacob." But did he kill him? This teaches that he thought about killing him and the verse counts it as if he had killed him.
190 The first clause of this a book of remembrance before Him," paragraph is also in the Tosephta and simply for the good intention. Babli mentioned in Note 186. The 192 Even though the first part of the second part is different both in the verse, not quoted here, declares that Babli and the Tosephta which both Darius tried to save Daniel from the make a difference between good deeds lions' den. that produced yield and those that did 193 In the masoretic lext, the word not. The Tosephta clearly represents belongs to the previous verse, stating the position of the Babli. that nobody from Mount Sei'r will 191 The proof is from the part of escape being killed. Here the word is the verse not quoted: "The Eternal will taken as explanation of the following be attentive and listen and write it into verse.
TVp njVinN;» vjpj-tj? nmj p^s O-JN n><^> nn >nv ·ρνρν>
nyvi P'73 awni oy\? 719 vp»·^ «η ton 54 PEAH CHAPTER ONE
y^h D7N n>nv< nr) .riiiivyion by NniJi?i -ipN n livoyi >a-» y^n awai oy\? no πή? n^wjp riyy «poai vby "ραψΓύ in n^yi ni-pnyirb? m^ -riy Nb"} ijnv >an djn .inj/yno
>a JiVr»*?-!»? .;pni"T?a-b? niy^p ni^iptfi -rin no
.jiiy>ii(?i nibnNi nin? in nr)
Rebbi Simeon ben Iohai stated: If a person was perfectly just all his days and at the end he rebelled, he lost all he worked for his entire life.
What is the reason? (Ez. 33:18) "If a just person reverts from his justness and does mischief194." Rebbi Simeon ben Laqish said, if he wonders about his earlier deeds. If a person was perfectly evil all his days and at the end he repents, the Holy One, praise to Him, receives him. What is the reason? (Ez. 33:27) "If a sinner returns from his wickedness195." Rebbi
Johanan said, not only that but all transgressions are counted as merits for him. What is the reason? (Ps. 45:9) "Myrrh, aloe, cassia, all your faithlessness196." All faithless acts in which you were faithless towards Me are like myrrh, aloe, and cassia.
194 His prior merit will not be word means "your clothes." The counted. Hebrew double root ua "clothing - 195 His prior wickedness will not be dealing treacherously" cannot be counted. explained from cognate languages. 196 In the context of the verse, the obiy? ntyyy nibj? ni-pay oiy>n ujap vin?? Jirva*» ioiy^ni nip^ iar» iuiy>ni ni-pay tan .Nia^ *pjiy> obyn ϊ-ρψ ib iri>b b>nya n#>
«jap yi9>> b>aya r^n obiy:j ntyy^ ^ V?3?^
«)# nnins d>?$ nbipro nn? lavam biy piiso b}N N^b -prtvb ib jij?»i? mn obiy} υ^ρ pyn?? o>aio otyjjo ίτ?? >a by iribj?? "vqh -rn >t?i> >a-n rov .niny ^bni r\-)\ η-pa*» .h^ij °biy!? HALAKHAH 1 55.
1>N n^wji n^VV lJiiN2t ON ·1>)?»|2 1???nVviöna *TCO
Γφνη ri^V iniN} .n^wn
nni From one who has mostly merit and a minority of sins they197 collect in this world for the minority of light sins in order to give him his complete reward in the future. But to one who has mostly sins and a minority of merits they give the reward for light merits in this world in order to collect from him his complete punishment in the future world. But198 from one who tears away the yoke, who breaks the covenant, and who finds aspects in the Torah, even though he has meritorious deeds to his credit, they exact payment in this world and the capital remains for him in the future world. Idolatry and incest and adultery, Rebbi Jonah and Rebbi Yose: One says, among the easy ones199, and one says, among the hard ones. What are we talking about? If he repented, there is nothing that stands in the way of those who repent. But what we are talking about is one who did not repent but died in pain200.
197 The Heavenly Court. 200 The question is whether an 198 Similar but different statements idolater or adulterer who dies in pain in the name of R. Eliezer Hamodai are has received his punishment or whether in Mishnah Avot 3:11, Avot dRebbi he has to expect his main punishment Ν at an A 26. The meaning of the terms in the World to Come. The Babli, in this statement is explained in the Yoma 86a, sides with the first opinion next paragraph. and reserves eternal punishment only 199 The easy sins are punished in for those who desecrate the Holy this world, the hard ones in the World Name, i. e., bring disgrace upon the to Come. Jewish religion.
VN") D>TMO Ji»oi> I>N -»piNn N^n o£iy> p>n ιο> ρκψ 19η o>-)9oa ipiN nypji .οηιρ>9Ν·) ip rnin PEAH CHAPTER ONE
on*»} ιψΝΐ ΊΟΙΝ·) η?ζ>η ϊχ ΨηΥ?ηι o^rj njinn npiN n^n .q^an * >3 VN rninj o>?$ n!?}»™ nna ">9>önf p-iian id^ü ifl'oin .varivriiN? τηίη Φ -ιαίκ Niny n* !?iy piian p!?n -HoiN mny rn rninj n^pn ^ N333 i»? rnirt ρκ ίοίνπ rm>3ri ·> Ν!?·) ρ rniJi njiii Njpnnga rnln -Qiy Νΐηψ nt 109 >?-> >ia>p N>}in)y n>3jn .vyani τνρτη rß© ο>ρ>νη ή» There (Sanhedrin 10:1) we have stated: The following have no part in the Future World: He who says there is no resurrection of the dead201, that the Torah is not from Heaven, and the Epicurean202. Rebbi Aqiba says, also he who reads apocryphal books203. And he who recites magical spells over a wound and says (Ex. 15:26): "Any disease that I put upon Egypt I shall not put on you because I am the Eternal, your Healer.204" Abba Saul205 says, also he who pronounces the Name206 by its letters. They added him who tears away the yoke, him who breaks the Covenant, and him who finds aspects in the Torah to those who have no part in the Future World. He who breaks the yoke is one who says the Torah is obligatory but I cannot stand it. He who breaks the Covenant is one who pulls himself a prepuce. He who finds aspects in the Torah is one who says that the Torah was not given from Heaven. But did we not state separately: "He who says that the Torah is not from Heaven207?" Rebbi Hanania208 Entanayah stated before Rebbi Mana: That is one who publicly transgresses the words of the Torah in the manner of Joiakim, king of Judah, and his circle.
201 However, in the Mishnah in Yerushalmi is like the Babli, "He who Sanhedrin, the reading of the says that there is no resurrection of the HALAKHAH 1 51 dead from the Torah." The entire in the Torah. paragraph also appears in Sanhedrin. 205 Α Tanna of the third generation, 202 Epicure was an avowed atheist; younger than Rebbi Aqiba. hence, in Jewish sources, an Epicurean 206 The Divine Name YHWH whose is an atheist. vocalization is a secret not following 203 Books that pretend to Biblical grammatical rules. status but have been excluded from the 207 Has no part in the Future World. canon as spurious and pernicious. 208 In Berakhot and Sanhedrin he is 204 Using the Torah for magic or called R. Hanina Entanayah. exorcisms is equivalent to not believing
N)>?n >an vhv Jirvaj» nain .17V υ «hi* ian
*τηι< ->y>y Nin jv^ vmj?n ity Ntyii H^H VQ a>TD γη ηύ^ Ν^ύ
njjN r? τρη * "Ι^* .nijp-pö nvr^m ιινι>3νζ» Ρ
n>riyi .τιρι ρ γρ> a>n> jin η>> ji»> >ν) Λη^νί?? ν*1?
,ιρο nop too a-v) -»niN
He who has a preponderance of merit inherits paradise. He who has a preponderance of sins inherits hell. Rebbi Yose ben Hanina said: It does not say "He lifts sins," but rather (Ex. 34:7, Michah 7:18) "He lifts sin."
The Holy One, praise to Him, seizes one document from the sins and the merits tilt209. Rebbi Eleazar said (Ps. 62:13): "Kindness is Yours, ο Master, because You repay to everyone according to his deeds," and if he has none, You give him from Yours. That is the opinion of Rebbi Eleazar, because Rebbi Eleazar said210 (Ex. 34:7): "And much kindness," He turns towards kindness.
209 The merits tilt the scales of Venice text, |K3 rna ^κ ρ» π um) justice to their side. This argument is 210 In Babli Rosh Hashanah 17a, given in cryptic brevity in Babli Rosh this is quoted in the name of the House Hashanah 17a. The text follows the of Hillel. parallel in Sanhedrin 10:1 (in the 58 PEAH CHAPTER ONE nyvpi :nX°J? "tHTi npi* PC>$? ^»ψ nox n>n-p ran νίπ ON .nto o>pn* rus-; ην*) ηηπ o>Non jiN\pn i^pri
"Tin? .107? Tjvira οψψ-ρ i>7>pn .in 1*1? >(>>> oya rppn? >a-i .nynj? VVID] ni»p v>>oi o>njo o>>>p?n
OÜ9 rnT>3v? ^οψ >?-) n>K"!73 no forpyr? NVI πή} winpn 1?» τργ^ψι ovo ne n>> *0η *ηη>?!ι Hyw >:n ION oy vty t^nya 1>N pri3? π-jnoi i»p I>JI? I>N pro? o!?iy> wbnvjpn οίππι
.Nin pp9>3 nnipn
Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: (Pr. 13:6) "Justice protects the one on the straight path but sin destroys the sinner."
(Pr. 13:21) "Evil deeds will pursue sinners but He will reward the just." (Pr. 3:4) "While He makes scoffers targets of scoffing, He will bestow grace on the meek." (ISam. 2:9) "He will watch over the feet of His pious, but evildoers will be silent in the darkness." (Pr. 3:35) "The wise will inherit honor, but shame will mark the stupid ones." Fences are made fences and doors doors211. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: If a person watches himself the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? (Job 33:29) "All this God will do twice, three times, with a man." Rebbi Zeira said, but only if the person does not revert212. What is the reason? It does not say "The triple thread will never snap" but rather (Eccl. 4:12) "The triple thread will not quickly snap." If you work on it, it will split.
211 A similar thought is expressed wants to live in purity, one helps him in Babli Shabbat 104a: "If somebody from Heaven." wants to live in sin, one opens for him 212 Change his ways from good to the door [to sin] from Heaven; if he bad. HALAKHAH 2 52
ΝΓΙ "ρκ wvTjjn ID^N >an οψ} NJirt »a-t
^ q^ü JiNyj n^w ivj pi .a>rp piy κγήί ovo no .χρϊν
nbo ΟΓΙΝΟΠ
Rebbi Huna said in the name of Rebbi Abbahu: There is no forgetting before the Holy One, but for Israel He becomes forgetful. What is the reason? It is written (Ex. 34:7, Michah 7:18) "He forgets213 sin." And so
David says (Ps. 85:3): "You forgot your people's sin, You covered up all their misdeeds, Selah."
213 Replacing kwj "to lift, carry" by nwi "to forget".
dn'9!7 vn ηρ^ψ >s η« ,ο'^η πν'9> VTtoia γη * ηjma (foi. i5a)
.n)ji>n »a^ ο»ί*>π ^bi rrjtyo >?!p ban
Mishnah 2: One never gives peak less than one in sixty214. Even though they said that peah has no measure, everything is according to the size of the field, the poor, and the humility215.
214 1%% of the yield of the field. Simson explain that if one part of the
215 In the Rome manuscript naivn field has a large yield and another part
"the size of the berries;" in the Munich a meager one, one should not give all manuscript of the Babli as well as the of peah from the meager part. The
Code of Maimonides, rr'ivn "the two readings imply that the religiosity answer" (of the field to the farmer's of the farmer is no matter to consider effort.) Both Maimonides and R. here.
NJV3J1Ö ."pyoi o>>)p> tor) onniN vtt Λ td*ti cfoi. i6b) o»?i!i n^np νπψ .tf ο>>ρι ΝΙΓ) i!? onpiN baN "WW?»
.o>>}V0 y&> o»3i»i n^yp κττψ .νπψ >a> ιτώ wym 6a PEAH CHAPTER ONE ppyin o>>3i|l <131-1)3 irny ,n>33 ϊψ on^i νή^ pwpv
.tn-jy >a> iriii pano nyiv)? ιηιψ .o»j}>n irto
.τη^η rn^n inta >a> tori 1? IQN
Halakhah 2: It was stated: One does not say to him, bring camels and load up. The baraita speaks if he wants to give more than the measure216, but if he gives according to the measure then one says to the poor to bring camels and load up. If his field is large and the poor few, he gives according to the field. His field is small and the poor many, he gives according to the poor. Rebbi Simeon explained two things to make it easy for the owner: If his field is large and the poor few, he gives according to the poor; if his field is small and the poor many, he gives according to the field. The Mishnah does not say so, but "everything is according to the size of the field, the poor, and the humility (yield).217"
216 The measure is the amount other hand, one does not allow the fixed by the rabbis, If there is a farmer to get away with less than 1%% large field and only one poor person peah. one tells the poor to bring camels and 217 The implication is that the load up the peak. The restriction on Mishnah, which is followed in practice, more than V%% is introduced because requires the farmer to give more than peah is not subject to the laws of the minimum 1%% unless there is only terumah and tithes; hence, what is one poor person and he would need a given to the poor diminishes what is camel to remove the peah. This is also given to priests and Levites. On the the interpretation of Maimonides (Mattenot 'Aniim 1:16).
now ψ) 'in τπψπ n^>nrio πν>3 vjjto :»nw» (f0i. i5a) it? now Tnht ON npiN Γφη> rn iit>3 ΙΓΙ»Ψ own N'W ΐΓώ WN IN!? ONI nios owp HALAKHAH 3 Μ
Mishnah 3: One may give peah from the head of the field and from its middle218. Rebbi Simeon says, only on condition that he give the measure219 at the end. Rebbi Jehudah says, if he left one stalk standing he adds to it220 for peak; otherwise, he gives only as abandoned property221.
218 At the start and during the Simeon makes the view of the tanna actual harvest. explicit, not that he disagrees with the 219 The rabbinically prescribed first statement. 1%%; the Halakhah will discuss how 220 The Halakhah will explain what this peah is computed. In the Tosephta he may add as peah. (1:6), quoted later (4:3), Rebbi Simeon 221 Peah is reserved for the poor explains his position that peah must be (with the legal definition of the poor given at the end only, because not only entitled to charitable gifts given in the is this the simple meaning of the verses last chapter); the House of Hillel rules speaking of the obligation of peah that abandoned property is abandoned (that one may not finish cutting one's (and free from terumah and tithes) only field) but also to exclude favoritism if it is ownerless and abandoned to and give all poor the same chance by absolutely everybody. Arukh brings setting a reasonably fixed time-table Aramaic expressions to show that the when they may come and pluck the root *ψ3 means "to be without master," remaining stalks from the field. in a human moral sense also Maimonides is of the opinion that R. "licentious."
ογή >pi> .nvymErt τπψη η>>ητιη πν>3 ν^ή) > ι (foi. i6b) no? to to>3N h^ ->ij»j7> noto no oyraj^ ia ήνοΨ>3"!
noto *nn!?:n no ή^ρν >3"! ovo njv >31
η> 13 v^n? >3") ονή >p1> >31 .«1103 nnio n^nrij nrw t&y oto3 n^ >3") .oi>7n!? τιηΝ) nia# jidn nisj?!? -ijpi!? -no^s no
ι-φ)η >3-» 10^ NOV wton? v>!?onp xrivo
.oi>7n ">>ίΐ(7 ·> n^>> "ipnji 62 PEAH CHAPTER ONE
Halakhah 3: "One may give peah from the head of the field and from its middle." Rebbi Yose in the name of Rebbi Simeon bar Laqish: (Lev. 19:9) "And at your harvesting," why does the verse have to say "to harvest"222? Even if he has still more to harvest223. Rebbi Jonah in the name of Rebbi Simeon bar Laqish: (Lev. 19:9) "And at your harvesting," why does the verse have to say "to harvest"? One for the beginning and one for the end224. Rebbi Yose in the name of Rebbi Joshua ben Levi: (Lev. 19:9) "And at your harvesting," why does the verse have to say "to harvest"? One for sacred property and one for private persons225. Rebbi Yudan asked, do not coins redeem sacred property only when it is cut; maybe when it is standing226? Rebbi Haninah said, you should not say that harvest of sacred property should be treated like harvest of a private person227.
222 The expression is considered might be given earlier. According to redundant: "And on the occasion of R. Jonah, R. Simeon explains the first your harvesting the harvest of your sentence; according to R. Yose, he land, do not finish the corner of your disagrees with the first sentence. field during your harvesting but 225 R. Joshua ben Levi does not abandon it for the poor and the consider the second "to harvest" stranger." redundant but referring to a different 223 Hence, peah can be given at any kind of harvest. time after the harvest has started. (It oi'in "private person", Greek was already discussed in Halakha 1 ιδιώτης. that the very first stalk can never be 226 While real estate donated to the peah.) Temple may be sold to private persons 224 The disagreement seems to be (and the proceeds used for the needs of that according to R. Jonah some peah the Temple), it is clear from many must be given at the end (as explained sources (e. g. Mishnah 4:5) that as long by R. Simeon bar Iohai in the Mishnah) as the field is in the possession of the but that according to R. Yose all peah Temple, the rules of peah do not apply. HALAKHAH 3 Μ
Hence, any peah taken would have to that is not "yours" but public property. come from a field that was bought with Hence, anybody who buys a field with the grain standing, not after harvest its crop from the Temple is required to when the grain was already cut by the leave peah, but anybody who buys the Temple staff and is exempt. field with its crop after it was cut by 227 The argument of R. Joshua ben the personnel of the Temple has no Levi differs from that of R. Simeon ben obligation to give peah f rom his grain Laqish that the second "to harvest" (Chapter 4, Mishnah 5). adds something; it eliminates harvest
rn>pfc< iqn «po? ")JP> my) nwa Ν nrj no 10 .in© njwio
.-Ρ>ΓΐΨΟΗ -NV>W:> IN ΙΤΠΨ-^ -NY^? IN© .ΠΝ>3 OWP N\J^P (foi. i6c)
*v»y>\&b mity-!?? no>Ji") nwa o^viip Νψ7ρ Moib ">Ψ9>Ν
What is the standing of the first batch228? Since we have stated229
(Tosephta 1:5): "It is peah and he has to give the measure at the end."
That means it becomes holy as peah. What means "the measure?" The measure of the entire field or the measure of the remainder? Is it possible to say, this lot becomes holy as peah and say, according to the measure of the entire field? Certainly the remaining measure!
228 According to Rebbi Simeon, 229 In the name of Rebbi Simeon who says that in any case one has to himself. The implication is that the give peah in full measure at the end, peah given at the end has to add up to does the amount given earlier have the 1%% of the yield cut after the earlier status of peah or is it simply abandoned peah was given. property, not reserved for the poor?
η© .wtorj? >an oyή NO> >an .-»^npa ijnv >11 own N»n >?*) Ο ΝΙΟ NO? RRI ΊΪΪΗΊ .N*JN IN NI>Y>?V0 IN ΓΙΝ IIJRIN imty JIN "flSJiJM ON .yo^i? no .7[>ini «ρρϊ» Nin linv .wrty Tiis ">io3> "liDrio >? N^ .nnoa? 64 PEAH CHAPTER ONE
Rebbi Hiyya230 in the name of Rebbi Johanan: when it is still standing231. Rebbi Yasa in the name of Rebbi Johanan: when it is cut.
What is his intention232, to free his field from the obligation or not? Let us hear from the following: Rebbi Yasa said in the name of Rebbi
Johanan: He may always add. What are we talking about? If it is his intention to free his field from the obligation, it already has been freed233.
So we must speak about the case where it is not his intention to free his field from the obligation234!
230 R. Hiyya bar Abba. This required of the yield (implying paragraph deals with the last part of that if one starts out with less than the Mishnah, the statement of R. 1%% and then adds in one batch over Jehudah that one may add to peah as that limit it is acceptable and even long as at least one stalk remains uncut commendable) or does R. Jehudah on the field (and the additional peah is apply the laws of peah even to produce not subject to the laws of terumah and given after the rabbinic threshold of tithes.) Cf. also Mishnah 6. 1%% clearly has already been 231 One may only add standing exceeded? patches of grain, not cut grain. Rebbi 233 One could not say *jWm «pio "he Yasa is of the opinion that one even keeps adding" if he had to stop after may designate grain already cut as reaching the threshold. peah. 234 But the obligation was already 232 Does R. Jehudah only say that fulfilled before he started to add. one may add until one has given the
IP 1>£V7>5I"! UpV?] !??iN Nin^'b? HN>fl3 m>?N :1 flit»» (fol. 15a)
n^ia^oi .7i$>aa a»n ovp!? itWDiji tayp^i yystij
ο>?ίβηζη ο>?$3ΐ3 onwrn oniai^ l^iqn :n tuwa
.nwaa ο>-»^ηη·ι HALAKHAH 4-5
Mishnah 4: They established a principle for peali: Everything that is food235, is treated as private property236, grows from the earth237, is harvested at one time238, and is stored239, is subject to peah. Grain240 and legumes241 are included. Mishnah 5: And among trees242 sumac243 and carob, walnut and almond, vine and pomegranate, olive and date palm are subject to peah.
235 But not industrial plants like legumes covers all fruits other than flax, cotton, or indigo. grains which can be ground into a kind 236 Not anything that is usually of flour: rice, millet, peas, beans, etc. taken only from the commons. 242 In the opinion of Maimonides, 237 Not mushrooms that grow on all peah of trees is a Biblical rotting wood, nor hydroponics. obligation. According to Rabbenu 238 Not produce that ripens slowly Simson, the only peah that is a Biblical so that the same field or tree has to be obligation is that of grain, wine, and harvested many times; as, for example, olives. Everything else is a rabbinical figs. obligation. 239 But not vegetables that are only 243 Identification of Maimonides. sold green. The leaves of the sumac (Rhus coriaria 240 Since Τϊρ means not only L.) were used in tanning leather and as "harvest" but also "grain", the black dye but the fruits, very rich in characteristics of crops subject to peah citric and related acids, were eaten and are derived from those of grain. used for the preparation of lemonade. "Grain" in the Talmud means only grain Today, ground sumac seeds mixed with that may be leavened to make bread thyme are used as condiment (sa'tar). and in a leavened state is forbidden on Hence, the fruits are subject to peah Passover. but not the leaves. 241 The talmudic definition of
*no!?ri "|>j)p vi>in .-upp n^n >> vn orniijxn :n-i train (foi. i6c)
Jiwpp .nwnji Vi* TDÄS I>}>? 246-tj?iy 66 PEAH CHAPTER ONE
Halakha 4-5: (Lev. 19:9)244 "And at your reaping,245" not only reaping; from where do we add plucking? The verse says "to harvest." From where do we add uprooting246? The verse says "your harvest." Not only grain, from where do we add legumes? The verse says "in your land." From where do we add trees, the verse says "your field247."
244 The derivation is given, with and the sojourner; I am the Eternal, some variations, in Sifra Kedoshim, your God." Pereq 1, Babli Hullin 137a, Yalqut 246 This is the reading of the Shim'oni #604. parallel sources and of S. Cirillo; the 245 The full verse reads: "At your Venice print has "reaping", which reaping the harvest of your land, do certainly is incorrect. not finish reaping the corner of your 247 An orchard in which the trees field, and do not pick up isolated allow for plowing between them is stalks; do abandon them to the poor called "a field of trees."
.o>V3")i< i» ynnro nny? >>ηη vjnit >5ri ,o?i03 ηϊ ;j>p-p -i)?>y .o?n>3 qjp-p jnw tö 2>rp »q>yt -ien tyH >V"ji 248Vi* Λρν >3"! >)θίρ N^a N»p-p?j? V|V >3-1 31Π3Π V)y>P ·)ΟΪ) Π>> ΊΙ0Ν I"1"*!? I^N ">»?N no") o>y*n ϊχ nn^n nyt ion on? o>>nj ιπίΝ pnip o-jn τπ ν^ψ nyn^ inr^?
It was stated249: One may sow vegetable seeds and tree seeds together. But he who sows with grape kernels is whipped 40 times250. Rebbi Zei'ra said, it is written (Deut. 22:9): "Do not sow your vineyard with two kinds;" the main produce251 of your vineyard you should not sow with two kinds. Rebbi Yudan from Kappadokia asked before Rebbi Yose: There252 they say that tree seeds are called seeds but here you say that tree seeds are not called seeds. He said to him: There253 the verse excluded them since usually people do not call them "seeds," but here the verse added (Lev. 11:37) "any sown seed that may be sown." HALAKHAH 4-5 61
248 This is the text in the parallel that apply to vegetables and grain also Kilaim 8:1; the word is missing in the apply to tree fruits. "Here" refers to manuscripts here. the rules of kilaim. This shows that the 249 Tosephta Kilaim 1:15. main place of these paragraphs is in 250 "40 times" means 39 times, the tractate Kilaim (8:1). maximal punishment for the 253 In the answer, "there" and "here" transgression of a Biblical prohibition should be switched; the first answer (Deut. 25:3). deals with kilaim (and refers to the 251 The main produce are grapes question dealt with there whether one and the part used for sowing is grape transgresses the prohibition of sowing seed. different kinds in a vineyard only if 252 In the rules of ritual impurity, e. one sows there two kinds different g. Mishnah Makhshirin 1:2, all rules from vines or only one.)
νοψ JiN no qn-p isnrtN^n yo n^ypyp? ΙΡΝΙ nj>o ypy JW no qnn oaori > ·> .in!? -\ν>τη no? pip"m njv
VINVO ο*ρ·) JI>T no .O?YJIÖ JIN? wpri tft NII> >A-I ΊΟ* lojDOi Jio#3 in .nwaa va»n ovp> iwpoi τιπϊο nN>«n V3»>rn ini3>?a iny ριην» D-OI ji>\ no pi^n oi»p>
."invr *ν*ρ nw Some would understand it from here: (Deut. 24:21) "When you harvest your vineyard." How do you understand this254? Rebbi Jonah said, do not be punctilious, as you say (Lament. 1:22) "to punish them repeatedly." (Deut. 24:21) "When you shake your olive tree." How do you understand this255? Rebbi Jonah said (Lev. 19:27): "Do not round off the peah of your head." Since olive and vineyard are special in that they are harvested at one time for storage, so also everything that is harvested at one time for storage is obligated256. But olive and vineyard are special in that they are subject to first fruits and subject to peah, so only that which is subject to PEAH CHAPTER ONE first fruits should be subject to peah251. The verse says (Lev. 19:9): "Your harvest," even the harvest of rice and millet.
254 The entire verse reads: "If you for pressing oil is to shake every harvest your vineyard, you should not branch, then the ripe olives will fall go back to pluck the single berries; it off and are collected under the tree in should be for the convert, the orphan, a cloth [translation of R. Saadiah Gaon]. and the widow." The definition of a The root ΊΧΒ appears only here in the single berry is given in Mishnah Peah meaning "to glean"; usually it means "to 7:4. The question is about the meaning appear in splendor". The first meaning of the word Wiv "to go over it a second reappears in the nouns <ηκ> "crown of time". The root V^y means "go over a the tree", ηίικ'β "tree branch". Rebbi second time, do anything a second Jonah identifies first and second time." In Arabic, ju means "to harvest meanings, and reads: "Do not remove its fruits a second time". For example, splendor." Then he compares the iiWi means doing something following splendor of the tree, <ηκ·, to the a well thought-out plan. Rebbi Jonah splendor of one's head, the hair, that in reads the verse in Lamentations as: the second verse also is called peak·, "May all their evil come before You hence it follows that the remaining and may You repeatedly punish them, olives on the tree have the status of just as You repeatedly punished me for peah and go under its rules. all my sins." One is not allowed to go Accordingly, the rules of peah apply over the vines a second time after one both for olive trees and vines. has harvested the bunched grapes; that 256 By the principle 'JW» ax |'Ja is the equivalent of peah for vines. O'aina "principle established by two OVvna is usually translated "to abuse, to verses". If two necessary verses mistreat," it should be taken to mean establish a common consequence, it "to mistreat repeatedly" with emphasis will apply in general to all cases that on the repetition of abuse.) are covered by their common antecedents (unless explicitly negated 255 The verse reads: "If you shake by another verse.) If the verses are your olive tree, do not investigate partially overlapping in content, the every branch afterwards; it should be principle is denied by some. The next for the convert, the orphan and the paragraph will establish that there is widow." The way of harvesting olives HALAKHAH 4-5 62 no overlap in content in the case under etc., which are explicitly included in consideration. the Mishnah (and would include figs). 257 This would exclude rice, peas,
Jin *i)01n >ri»n on? "»©to n>) Ji>t now .on? npN> r»?t
νγι> on?} a»n ιοηψ onr? πν>?} vnjn ρ n^ Νΐηψ
η>ι ηρκί nV) όγο n^io V?>n In .on? npiN HT\>y Nin ^iü >in .nwa?
nw$ wny τιη i»o xn> on?} a»n κιηψ on? now >π»η um :ρ.ί*Ί n>i n^N Nn>^> NID ^nis» >in .nwsri ρ nws NTI> vn$n
.on? It should mention the olive tree but not the vineyard. If it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries258, is subject to peak, but that vines, which are subject to the rule of isolated berries, are not subject to peah. Lo, the mention of the vineyard is needed. Or if it would mention vineyard but not olive tree, I would say that vines which are subject to the rule of isolated berries are subject to peah, but that the olive tree which is not subject to the rule of isolated berries is not sub ject to peah. Lo, the mention of the olive tree and of the vineyard is needed.
258 It is stated in Lev. 19:10: and are not part of a row of such grape "Isolated berries of your vineyard berries) you should not collect but (grape berries that do not grow in a abandon to the poor." bunch but sit directly on the branch
.vnj τιύ^Νη-!?? by on? .nwa jro^Nij-b? by *το>ι Jin
τιύ^Νη-b? by "T©>1 on,? Hy> ,πν>9 ni)£>Nn by "nabi nn oyfcn
(Μηψ) η^71 itär? TCWyb κιην nyj vin >an η&Ν .ona
.nobP ί^Ν low? τηψ m PEAH CHAPTER ONE
From259 the olive tree one may infer peah for all trees. From the vineyard one should infer the rule of isolated berries for all trees. (Just as from the olive tree one infers peah for all trees so one should infer the rule of isolated berries for all trees from the vineyard.) Rebbi Abun said, any property that is common to both yields an inference but any property that is [not260] common to both yields no inference261.
259 This is a second version of the produce bunches of fruit but only proof that the two verses are really isolated fruits. The sentence in needed, that they are not "two parallel parenthesis is dittography, or it may laws" which by their parallelism have been an attempt to explain the indicate that they express only these argument in a marginal note which two cases and no general principle. subsequently entered the text. The argument is: If the mention of peah 260 Missing in the Venice print but for the olive tree alone would allow clearly a scribal error already one to infer the duty of peah for all corrected by R. S. Cirillo. trees then from the verse in Lev. the 261 Since it was established above duty of not collecting single fruits that both verses are necessary, neither would apply to all trees. That is patent of them by itself would have a nonsense since most trees do not generally valid inference.
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ion -pi* wn>na »on nrn ya ip^i γήη nyja ·)ντ>> ny>)
NVI nrn ton ηη •|W>NiT
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It is fine according to the opinion of Rebbi Ismael. Since Rebbi Ismael established: Everything that was in a set and left the set to be applied to a new rule, is removed from the set and forms a new one262; it is necessary HALAKHAH 4-5 71 that peah should be mentioned for the vineyard. But for the rabbis263 who say, it remains in its set and keeps its special status, why is peah mentioned for the vineyard? Rebbi Abin said, if only the vineyard were singled out, the question would be valid. But now that vineyard and olive tree are singled out264, if it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries265, is subject to peah, but that vines, which are subject to the rule of isolated berries, are not subject to peah266.
262 This is the formulation of the clearly separates the vine from all Yerushalmi. In the Babylonian version, other trees. Hence, it is necessary that (Introduction to Sifra and Zebahim there be a separate verse to apply the 49a), the reading is: "Anything that rule of peah to vines. was in a set and was taken out for an 263 These rabbis are not mentioned additional law, cannot be returned to in the Babli. its set except if the verse returns it 264 For the rule of peah, which is explicitly." The example there is about not mentioned for any other tree. different kinds of sacrifices (DVX ,ηκυπ) 265 Reading of the Rome manu- which in some respect follow the same script. The Leyden manuscript and rules, while in other aspects they do Venice print have "peah" by an obvious not. Therefore, a special verse is scribal error. needed for taking the two kinds 266 While this argument was together to imply that they form one brought earlier, the situation is slightly set of sacrifices with common rules. different here. Here, the rule of the single berry
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Just267 as you say for the harvest that its collection must be at one time in order to qualify for peah, should one say that the same is true for the 22 PEAH CHAPTER ONE laborer268? Rebbi Jonah said, there is a difference since it says (Deut.
23:26): "You may pluck rubbed ears," even of something that is not stored269.
267 Here starts the discussion of the 269 Both conditions, that certain conditions imposed on produce that produce is harvested at one time, and should be subject to peati. that it usually is harvested for storage 268 The hired agricultural laborer, (or, in the case of wine and oil, is who is poor, may eat while harvesting produced for storage), are necessary or working in the field. May he eat conditions for peah. Since rubbed ears only from fruits that qualify for peak, are not stored, the verse makes a point reserved for the poor? to extend the right of the farmhand.
·)>Νψ ·>9ϊ DN>an ρ vpoa onjpn >3011 iniN Γφπ> >ai >a >pv >333
Nipyp no .Γφη> >pi> >3-1 I>JN TIIN> ."p-inN1? vtdsj? V&Vl· pwNin
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It was stated (Tosephta Peah 1:7): "Rebbi Yose ben Rebbi Jehudah says270, moist dates271 are free from peah because the first among them does not wait for the last one." Rebbi Yose ben Rebbi Jehudah seems to say what is correct, what is the reason of the rabbis? Rebbi Ze'ira said, because they all need moisture at the same time272.
270 Since this is quoted in his name, 272 Fruit becomes eligible for the it follows that it is not generally rules of the gifts to the poor when it accepted like an anonymous statement. becomes fruit, and for dates that is the 271 Arabic 30Ί, "moist and ripe moment where moisture appears dates." The author of Kaphtor around the pit, so that it can be Waperah (Chapter 52, p. 706) notes separated from the fruit. R. Zei'ra that these dates are also called in asserts that, while these dates ripen Arabic nVa , but that means "unripe outwardly at separate times, the dates", the verbal root nVa means "to be ripening process starts at the same time dry", the opposite of aoi for all of them and they could be HALAKHAH 6 11 harvested and left to ripen in storage Maimonides follows the rabbis in after the moisture first appears. practice. p-vs273 tJ^p v~>»?f< linmJ? >3-η n^ipn i? pny >:n
.N^n^ riN^alpi Ji'vayi>i
Rebbi Isaac ben Haqolah and Rebbi Joshua ben Levi both say taro274 is like a vegetable for tithes, the sabbatical year, peak, and first fruits. For vows it is questionable.
273 The text follows the parallel hence, it is an intermediate between a Nedarim 7:1; here: pvV vegetable and a legume. The only R. Isaac ben Haqolah is a problem is that of vows (e. g., if a contemporary of R. Joshua ben Levi. person makes a vow to abstain from He was student of most of the vegetables), since in matters of vows Amoraüm of the first generation and one does not follow technical usage but teacher of many of the third. the meaning in local dialects. Hence, 274 Colocasia, Greek κολοκασία, there may be places where taro is Arabic 0Xj7Vj7. Its root is used to commonly subsumed under vegetables produce a kind of flour in Africa; and other places where it is not.
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Mishnah 6: Forever275 he gives as peah and it is free from tithes until he smoothes. He may take from the threshing floor and sow and it is free from tithes until he smoothes276. And he feeds domestic animals, wild 74 PEAH CHAPTER ONE animals, and fowl and is free from tithes until he smoothes, the words of
Rebbi Aqiba277. If a Cohen or a Levite bought all the grain of a threshing floor, the tithes belong to them until it was smoothed278. He who dedicates279 to the Temple and then redeems is obligated for tithes unless it was smoothed by the Temple administrator280.
275 A person who cuts his entire rules of peah until he has smoothed the field without leaving peah has later to heap, even if he gave peah from grain give peah to the poor. "Smoothing" is a standing on the field, and avoid the technical term that designates the end obligation of terumah and tithes for of processing the grain harvest, when that amount. That seems to contradict after threshing and cleaning from our understanding of Mishnah 3. chaff, the grain is put into orderly 276 Since seed grain is not food. heaps to be stored. The Mishnah states 277 In the Mishnah manuscripts the that the obligation of giving peah must sentence is anonymous; the previous be fulfilled as long as the relevant one about seed grain is attributed to R. produce is in the hand of the farmer, Aqiba. From the Halakhah later on but if it is given before smoothing then (Note 287) it will be clear that the it is free from terumah and the two original Mishnah in the Yerushalmi tithes. If peah is given later, the also attributed only the statement about farmer has first to give terumah and seed grain to R. Aqiba. tithes before he can discharge his 278 There is nothing in the Torah obligation for peah. [In the Mishnah which states that a Cohen could not manuscripts there is a second sentence, give his own terumah and tithes to that he who declares part of his crop as himself. But the rabbis ordained that abandoned is freed from the relative Cohen and Levite have to give their terumah and tithes if it is abandoned tithes away in order to create a level before smoothing. This sentence is playing field, lest Cohen and Levite missing in the Yerushalmi and in the farmers could drive the others out of Munich manuscript of the Babli.j business since they have a built-in 10% The Halakhah takes the advantage in costs over the non-Levitic expression: "Forever he gives," as farmer. In the opinion of Maimonides, meaning that he can give under the the rule was established in order to HALAKHAH 6 11 prevent the monopolizing of tithes by a to the laws of tithes. Hence, if the few wealthy priests. However, if a obligation of giving terumah and tithes priest bought produce before it was arose in private properly, it must be obligated for tithes, he may keep the fulfilled; but if it arises in the property tithe but not terumah. of the Temple, it does not apply even if 279 His crop or his field. the produce is later sold to private 280 Temple property is not subject individuals.
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Rcbbi Yose, Rebbi Jacob bar Zabdi in the name of Rebbi Abbahu,
Rebbi Nehemiah bar Uqban turned it in the name of Rebbi Johanan: If someone separated first fruits from a smoothed heap281, it is free from the great terumah. Rebbi Haggai said before Rebbi Yose: Does not the
Mishnah say so: "Forever he gives peak and it is free from tithes until he smoothes." Hence, if he smoothed he is obligated, but this does not apply to terumah282? It should say that he also is obligated for first fruits even though he did not smooth yet283! But he284 is the one who said this: "Why are they called firstlings? Because they are first before everything else."
And anything which precedes something else, the latter is obligated for it285.
281 Which now falls under the a civil obligation of the farmer towards obligation of separating terumah and the Levite, the terumah of the tithe is a the first tithe. (While the first tithe is religious obligation and it is a deadly TL· PEAH CHAPTER ONE sin to eat from the produce as long as statement about First Fruits, referred to that terumah of the tithe is still not the Mishnah Terumot 3:7: "From where separated from the rest of the grain. do we know that First Fruits precede The first terumah is called the great terumah? Each of them is called (in terumah.) It is now asserted that First the Torah) terumah and beginning·, but Fruits, which are brought to the First Fruits should precede everything Temple and will be eaten there by the because they are first before priests, are not subject to terumah even everything." though peah, which is eaten by the 285 This is a general principle poor, can no longer be separated from which will be discussed at length in the heap before the farmer separates Demai 5:1. The fixed order of Biblical the two terumot from his grain. obligations is First Fruits (where 282 Since the Mishnah speaks only applicable), terumah. First Tithe, of the obligation of tithes, not terumah. Second Tithe. Hence, if somebody gave 283 This is the answer of R. Yose to First Tithe before he gave terumah, he R. Haggai, refuting his argument: If the has to separate terumah from this First Mishnah is supposed to mention every Tithe and he may not include terumah detail, it certainly should have for the First Tithe in the terumah that mentioned First Fruits since they are he will give from the remaining grain, really supposed to be designated when but terumah carries no obligation of grain or fruits are still on field or tree. tithe. As a consequence, First Fruits Hence, "tithes" is a catchword for all carry no obligation of terumah and obligations and the Mishnah does not even the fact that the heap now is prove anything for the rule under under the obligation of terumah and discussion. tithes has no influence. This is the 284 Rebbi Abbahu or Rebbi justification of R. Johanan/Abbahu. Johanan, whoever is the author of the
d>»5V onplN »w nnrf N>n »©v JVI^ ντι>)ί» Our Mishnah286 is from the House of Shammai, since the House of
Shammai say (Mishnah 6:1): "Property abandoned to the poor is ownerless property." HALAKHAH 6 TL
286 The Mishnah declares that abandoned to the poor. Even for the "forever one may give as peah," House of Shammai, calling this peah meaning even after the prescribed 1%% strictly speaking would be a misnomer have been given. But earlier, it was but, since for the House of Shammai agreed that once this amount is given, property abandoned to the poor there is no more peah to be given follows exactly all the rules of peah, it separately. Hence, one must consider is free from all obligation of terumah that the amount given before the heap and tithes; this is an admissible was smoothed was given as property freedom in the use of language. v^V n^ κ}χη -pip Jitoarp nypjj rnf N»JINI rrinyyon ϊϊφ ni-pari vwyto ^ny v>7i?»n n>a :nn tu o^y
.-Qtol? Ό·)* lipvn "VM! "PVTi 1JWT
It turns out that Rebbi Aqiba287 is like the stores of Bene Hanun as it has been stated288: Why were the stores of Bene Hanun destroyed three years before the destruction of the Temple? Because they eliminated produce from the duty of tithes since they were inferring (Deut. 14:22)
"You should certainly give tithes289," that excludes the buyer, (Deut. 14:23)
"You should eat," that excludes the vendor290.
287 This refers to the part of the at or near the Mount of Olives and Mishnah in which R. Aqiba permits the were destroyed at the start of the use of grain for seeds and animal feed Roman siege of Jerusalem. without the duty of tithing. While R. 289 The verse reads: "You should Aqiba disagrees with the practice of certainly give tithes from all produce the Bene Hanun, he will agree that of your seed." Since the buyer did not tithes are applicable only to produce sow, he is not included in the command. used for human food. (As usual, only the first words of the 288 Sifra Deut. #103, quoted in verse are quoted; this never implies Babli Bava Mezia' 88a where the name that the inference necessarily is from of the locality is corrupted to Bet Hini. these words.) It seems that these stores were located 290 This excludes the farmer who PEAH CHAPTER ONE sells his produce which then he cannot interpretation (Shevi'it 6:1, fol. 36b). eat. The people of Bene Hanun were Rebbi Aqiba will agree that according punished since the Jewish people under to all interpretations, produce that is Ezra and Nehemiah had accepted the not used as food is freed from the duty to give tithes and observe the obligations. laws of the Land in their rabbinic
.nirjtoi in? Ν^Ψ 19V "V3*
Rebbi Johanan said, they fined them so that they should not run after wine presses and threshing floors291.
291 This sentence refers to the own Holy Things." The prohibition for statement of the Mishnah that a Cohen a Cohen to exert pressure to force a or a Levite, who had received or non-Cohen to give him the required bought grain before it was made a gifts is emphasized in Tosephta (Demai staple in a smooth heap, has to give 5:20) and in both Talmud im stating that terumah to another Levite or Cohen, terumah and tithes may not be given to even though from the Torah there the Cohen or Levi as payment for seems to be no reason to assume that helping in the harvest. the Cohen cannot eat his own terumah. One does not really talk about The reason given is that we do not fines here but about preemptive rules want Cohen or Levi to go and help to avoid monopolization of priestly with the harvest in order to exert emoluments in the hands of a few moral pressure on the farmer to give individuals. The same reasoning terumah and tithes to him personally, applies to the Cohen butcher in the since the Torah declares (Num. 5:10): next paragraph. "Everybody shall have control over his
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A butcher who is a Cohen292. The colleagues in the name of Rebbi
Joshua ben Levi: One frees him for one week. Rebbi Yose said, I went to the South and I heard Rebbi Hanan, the father of Rebbi Simeon293 in the name of Rebbi (Simeon) [Joshua] ben Levi: One frees him for one week.
Rebbi Yudan compares it to the statement of Rebbi Johanan, they fined them. Rebbi Yose said to him, if it is because of a fine, even one week should not be free for him294. A grocer295 who is a Cohen, Rebbi Yudan said, one frees him for one week. Rebbi Yose said, one does not free him for one week. According to Rebbi Yose, what is the difference between the grocer and the butcher? The grocer may cheat296, the butcher cannot cheat.
292 Following Deut 18:3, the Cohen should be "R. Joshua" as indicated in has to receive one front leg, the lower the translation. jaw, and the rennet bag from every 294 And nobody ever prohibited slaughtered animal. Butcher here Cohanim from being butchers. [R. means a person who buys animals, Joseph mentioned in the lext is R. Yose, slaughters them and then sells their the colleague of R. Yudan.] meat. From the Torah, the Cohen 295 Who buys meat from a might give the dues to himself. But as wholesale butcher to sell it in his retail rabbinic decree this is allowed only store. during the first week after opening the 296 By mixing meat from a Cohen store; all other parts destined for butcher with that from non-Cohen Cohanim he has to give away to other butchers he may make his customers Cohanim. believe that all meat is from a Cohen 293 Neither Rebbi Hanan nor Rebbi butcher and, therefore, is exempt from Simeon are known otherwise from the gifts to the Cohen. But the butcher rabbinic literature; probably the name sells only meat that he slaughtered is garbled and the next "R. Simeon" himself and, therefore, everybody Sil PEAH CHAPTER ONE knows the amount of his obligation. take the gifts for himsell, he may take Hence, since from the Torah he may them for one week.
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>a-)"j JiiY?> um -ipiN n^n* .nj?>> Vt>3 vn (foi. i6d)
>wp WN ipiN It was stated297: Rebbi298 and Rebbi Jehudah the Prince did not disagree about produce bought on the field from a Gentile that it is subject to tithes because the Jew takes his299 place, nor about harvested produce bought from the Gentile that it is free from tithes. What did they disagree about? About him who buys harvested produce from his fellow in a year of tithes for the poor300. Rebbi Judah the Prince said, one takes it from him whether he be poor or rich. But Rebbi said, one takes it from the rich, one does not take it from the poor301. What is the reason of Rebbi Jehudah the Prince? Just as nobody has any rights on the single stalks, the forgotten sheaves, and the peah of his own field302, so he should have no right to his tithe for the poor. What is the reason of Rebbi? Single stalks, the forgotten sheaves, and peah do not cause t.ebel303, but the tithe for the poor creates tebel. It became tebel already in the possession of the first owner304! What is the reason of Rebbi HALAKHAH 6 &I
Jehudah the Prince? Because of a fine305! What is the reason of Rebbi?
Only the rich person has the power to buy306; it is not in the power of the poor to buy. As Rebbi Jehudah the Prince says, he may take a loan; but
Rebbi says that he will not be able to borrow.
297 Usually, "stated" refers to a the argument attributed to Rebbi tannaütic statement. The statement Jehudah the Prince is redundant. here is amorafc; it does not refer to any While this is not stated explicitly, it is tannaütic source. implicit in the fact that one looks for a 298 The Patriarch R. Jehudah I, in second reason to sustain R. Jehudah's the Babli usually called "R. Jehudah the ruling. Prince". R. Jehudah the Prince is the 303 Tebel is a technical term of Patriarch R. Jehudah II, grandson of R. unknown etymology which designates Jehudah I and Amora of the second produce under obligation of terumah generation. In the Babli, he usually is and tithes from which terumah has not referred to as nmiM sn«p τ. been taken in both forms. To eat such 299 The Gentile's place. Since the produce is a deadly sin. It is stated in harvest determines the obligations and Demai 4:3 that eating produce under the harvest was Jewish, the obligations obligation for the tithe of the poor of Jewish law fall on the harvest. similarly is a deadly sin. 300 Second Tithe and tithe of the 304 Since the obligation for the poor were defined in Note 127. The tithes of the poor is created by the act definition of "poor" for eligibility of of harvesting, the corresponding tithe and public assistance will be amount is no longer a property of the given in the last chapter. farmer and cannot be sold; the buyer 301 In contrast to the Cohen, the cannot acquire it even if he is poor! poor man who separates the tithe of Hence, the argument attributed to the poor from the grain may then Rebbi does not hold. repossess it, not as owner but as poor 305 That poor people should not person. distort the market to the detriment of 302 Mishnah 5:4. However, that farmers because they get 10% more Mishnah also denies the sharecropper value for their money in buying grain the right to the tithe of the poor, hence than rich people. 81 PEAH CHAPTER ONE
306 There will be no distortion of Jehudah the Prince, in the inflationary markets because the poor neither have environment of the military anarchy, the money nor (as explained in the next than in the time of Rebbi, when sentence) can they find credit for such currency and prices were stable under buys. [It might be that loans were more the Severan dynasty.] readily taken on in the time of R.