THE HISTORY OF THE CREATION OF MEASUREMENTS: BETWEEN QUMRAN AND THE MISHNAH AHARON SHEMESH* Bar-Ilan University Introduction Mishnah Peah 1:1 reads: , , , , : , . ; , , : . These are things which have no [specied] measure: peah, rst-fruits, reayon, righteous deeds, and study of Torah. These are things the benet of which a person enjoys in this world, while the principal remains for him in the world to come: honoring of one’s father and mother, righteous deeds, making peace between a man and his fellow; and study of Torah is equal to them all.1 * It is my pleasant duty to thank Professor Elisha Qimron for sharing his new readings for several of the Qumran texts treated here and for his generosity in allowing me to cite them. I also wish to thank Professor Hanan Eshel for enlightening me on the topics of ancient agriculture and wine and oil production. Dena Ordan prepared the translation and I thank her very much. This article is part of a comprehensive project in progress treating the history of early halakhah and the Dead Sea Scrolls supported by the Israel Science Foundation (Grant no. 888/00). Translator’s note: The following English translations have been used for biblical and rabbinic citations. The translations for the Qumran literature are cited in the text. Biblical citations: JPS Hebrew-English Tanakh (2d ed.; Philadelphia: Jewish Publication Society, 1999); Mishnah: J. Neusner, The Mishnah: A New Translation (New Haven: Yale University Press, 1988); Tosefta: J. Neusner, ed., The Tosefta: Translated from the Hebrew (Hoboken, N.J.: Ktav, 1971–86); Palestinian Talmud: J. Neusner, trans., The Talmud of the Land of Israel (Chicago: University of Chicago Press, 1982–); Babylonian Talmud: I. Epstein, ed., The Babylonian Talmud (London: Soncino, 1948); Mekilta: J. Z. Lauterbach, Mekilta de-Rabbi Ishmael (3 vols.; Philadelphia: Jewish Publication Society, 1933–35); Sifre on Deuteronomy: R. Hammer, trans., Sifre: A Tannaitic Commentary on the Book of Deuteronomy (New Haven: Yale University Press, 1986); Philo: Philo (trans. F. H. Colson, G. H. Whittaker, and R. Marcus; 12 vols.; LCL; Cambridge, Mass.: Harvard University Press, 1929–1962); Josephus: Josephus (trans. H. St. J. Thackeray et al.; 10 vols.; LCL; Cambridge, Mass.: Harvard University Press, 1926–1981). 1 Translation slightly revised. FRAADE_F9_146-173.indd 147 10/10/2006 5:12:07 PM 148 AHARON SHEMESH The plain meaning of the text is that these commandments have neither a set nor a minimum measure. Yet the statement that peah has no measure stands in apparent contradiction to the mishnah that follows: " . . One should designate as peah no less than one-sixtieth [of a eld’s produce]. And even though they said, “Peah has no [specied] measure,” [the quantity designated] should always accord with the size of the eld, the number of poor people, and the extent of the yield. (m. Peah 1:2) The opening of this mishnah clearly states that peah has a measure, i.e., one-sixtieth. The rst baraita in Tosefta Peah reects a tannaitic debate regarding this ostensible contradiction, solved via the suggestion that peah has a specied lower limit but no dened upper one: . . [These are] things that have no [specied] measure: Peah, rst fruits, reayon, righteous deeds, and study of Torah. Peah has a minimum measure [specied], but it has no maximum measure specied. (t. Peah 1:1)2 The weakness of the baraita’s proposal is readily apparent. By establish- ing a lower limit for peah alone, it differentiates peah from the remaining items mentioned in the mishnah, which have neither lower nor upper limits. Apparently, this explanation did not win acceptance. PT juxta- poses two opposing baraitot on this same issue: , : . . Peah is subject to a specic minimum measure, but no maximum measure, while rst fruits and reayon are subject to neither an upper nor a lower limit. [In contrast] there is a Tanna who teaches, “Peah, rst fruits, and reayon have neither an upper nor a lower limit.” ( y. Peah 1:1, 15a)3 It is noteworthy that there is no reason to adduce the second baraita (which emphasizes that these commandments have no measure, minimum 2 Text in S. Lieberman, Tosefta: Zeraim (4 vols.; 2d ed.; Jerusalem: The Jewish Theological Seminary of America, 1992), 1:41. Translation slightly revised. 3 Translation slightly revised. FRAADE_F9_146-173.indd 148 10/10/2006 5:12:07 PM.