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Μάρκος Αυρήλιος

Τρίτη, 4 Δεκεμβρίου 2012

The Talmud, by Joseph Barclay, [1878] 14

TREATISE XVI.

The Heifer.
 1
The Heifer's Age—Ages of other Offerings—Places from which the Red Heifer may come—Blemishes—Black hairs—Separation of the Priest for burning the Red Heifer—Sprinkling—Lads who drew water from Siloam—Number of Red Heifers—Bridge to the Mount of Olives—Procession of Heifer and Attendants—Pile for burning—Position of the Heifer—Position of the Priest—Slaughter of the Heifer—Sprinkling the Blood—Kindling the Pile—Gathering the Ashes—Doctrine of Intention—Vessels—Pumpkin Bottles—A Hollow Reed—Purifications—Cases of Casuistry—Seas—Wells—Reptiles—A Clean Place—Hyssop—Sprinkling.

CHAPTER I.

1. Rabbi Eliezer said, "the red heifer must be a calf of a year old, or an heifer of two years." But the Sages say, "a calf of two years, and an heifer of three years, or of four years." Rabbi Meier said, "even of five years she is allowed, or older. But they are not to wait (longer) for her, lest she turn black, and be disallowed." Rabbi Joshua said, "I only heard, third." They said to him, what is the meaning of "third?" He said to them, "thus I heard it without explanation." The son of Azai said, “I will explain it, if you say “third,” that is to others in counting; but if you say one of three, that is, of three years.” As when they say, a fourth vineyard.” They said to him, "what means fourth?" He said to them, "thus I heard it without explanation." Said the son of Azai, "I will explain. If you say 'fourth,' that is, to others in counting. But as you say one of four, that is, of four years. As when they
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say, he who eats in a leprous house an half loaf, 1 of three loaves to the cab of flour." They say to him, "say eighteen loaves to the seah of flour." He said to them, "Thus I heard it without explanation." Said the son of Azai, "I will explain. If you say three to the cab, there is no dough-offering. But if you say, eighteen to the seah, the dough-offering diminishes it."
2. R. José the Galilean said, “the cleansing of the Levites required bullocks of two years old, as is said, “And another young bullock shalt thou take for a sin-offering. 2” But the Sages say, "even of three years." R. Meier said, "bullocks even of four and five years are allowed, but old ones are not brought, for honour's sake."
3. Sacrifices required lambs of a year old, and rams of two years old, and all (are reckoned) from day to day. 3 If they be thirteen months old, neither ram nor lamb are allowed. R. Tarphon called it, "half and between." The son of Azai called it, "pointed out" R. Ishmael called it, "recalled coin." If the ram be brought for offering, and the libation of the ram be brought with him, it does not pass for his offering, except he be thirteen months and one day old. That is the law for the ram.
4. The sin-offering of the congregation, and their burnt-offerings, the sin-offering of an individual, and the trespass-offering of the Nazarite, and the trespass- offering of the leper, are allowed for thirty days and upwards, and even on the thirtieth day. And if they are brought on the eighth day, they are allowed, vows, free-will-offerings, the first-born, and the tithe, and the passover, are allowed from the eighth day and upwards, and even on the eighth day.

Footnotes

300:1 The Jews say that Solomon, who understood all the commands of God, could not comprehend the full meaning of the Red Heifer.
301:1 The meaning is that he who spends as much time in a leprous house, as is sufficient for eating a loaf of such a size, becomes defiled in his garments. See Leprosy, xiii. 10.
301:2 Numb. viii. 8.
301:3 The age of the lamb was reckoned from its birthday in Elul of last year, till the first day of Elul in the current year.

CHAPTER II.

1. Rabbi Eliezer said, "an heifer for a sin-offering is allowed even in pregnancy." But the Sages disallow her.
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[paragraph continues] R. Eliezer said, "she is not to be taken from foreigners." But the Sages allow her. And not only she, but all the offerings of the congregation, and of the individual, may come from the Land (of Israel), or from outside the land, from the fresh harvest and from the old harvest, except the omer, 1 and the two loaves, 2 which may only come from the fresh harvest, and from the Land.
2. An heifer whose horns and hoofs are black should have them cut away. The pupil of the eye, and the teeth, and the tongue, cause no blemish in the heifer. If she be diminutive, she is allowed. "Had she a wen which was cut away?" R. Judah "disallowed her." Rabbi Simon said, "every place which was cut down, and no red hair sprang up in its place, renders her blemished."
3. An heifer produced from the side, or from the hire of immorality, or exchanged for a dog, is disallowed. R. Eliezer allowed it, "as is said, 'Thou shalt not bring the hire of a whore, or the price of a dog into the house of the Lord thy God.' 3 But she did not come into the house." All blemishes which are disallowed in holy things are disallowed in the heifer. If one rode on her, or leaned on her, or hung something on her tail, or crossed a river on her, or doubled the rope over her, or put his garment on her, she is disallowed. But if one bound her with a rope, or made a shoe to prevent her slipping, or spread his garment over her because of the flies, she is allowed. This is the rule. Everything which was necessary for her is allowed. If there be any use of her for another's benefit, she is disallowed.
4. If a bird rested on her, she is allowed. If the male came to her, she is disallowed. R. Judah said, "if he were
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brought, she is disallowed, but if he came of himself, she is allowed."
5. If she had two black or white hairs in one cavity, she is disallowed. R. Judah said, "even in one pore." "If they be in two pores and they prove united?" "She is disallowed." Rabbi Akiba said, "even four or five, if they be scattered, may be plucked out." Rabbi Eleazar said, "even fifty." R. Joshua, son of Bathira, said, "if there be even one in her head, and one in her tail, she is disallowed." "If there be two hairs, their roots black, and their tops red, their roots red and their tops black?" "All follows after the appearance." The words of Rabbi Meier. But the Sages say, "after the root."

Footnotes

302:1 Lev. xxiii. 10, 17. The omer or wave sheaf of barley was always cut on the evening of the 15th Nisan, even though it were a Sabbath. It must always have been gathered from a fresh harvest cultivated even in the Sabbatical year. The reapers asked these questions three times of those who were witnesses, "Has the sun gone down?" "With this sickle?" "Into this basket?" "on this Sabbath (first day of the Passover)?" "Shall I reap?" After the witnesses answered these questions the sheaf was reaped. It was finally ground into flour, and an handful of it mixed with frankincense was burned on the altar. The remainder belonged to the priests.
302:2 Numb. xxviii. The two wave loaves of wheaten flour were always offered on the Jewish Pentecost.
302:3 Deut. xxiii. 18.

CHAPTER III.

1. Seven days before the burning of the heifer, the priest who burned the heifer was removed from his house to the chamber in front of the Temple Palace towards the northeast; 1 and it was called the Stone House. And he was sprinkled during all the seven days from all the ashes of red heifers which were there. R. José said "they did not sprinkle him save on the third and seventh days only." R. Hananiah, the deputy high priest, said, "on the priest who burned the heifer they sprinkled during all the seven days, but on him who took service on the Day of Atonement, they did not sprinkle save on the third and seventh days only."
2. There were courts in Jerusalem built of stone, and beneath they were hollow, 2 through fear of an unseen grave. And pregnant women were brought, and they were delivered there. And there they reared their sons, and oxen were brought with doors on their backs, and the lads were seated
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on them with stone cups in their hands. They came to Siloam, they dismounted, and filled them. They remounted, and returned on the backs of the oxen. R. José said, "from their seats on the backs of the oxen they let down (the cups) and filled them (with water)."
3. The lads came back to the Mountain of the House and dismounted. The Mountain of the House and its courts were hollow below through fear of an unseen grave. And at the door of the court there were prepared the ashes of the red heifers; and they brought a ram from the sheep, and they twisted a rope between his horns, and they twisted a stick and stuck it into the end of the rope, and it was dipped into the ashes, and the ram got a blow, and he skipped backwards, and took them, and caused them to appear on the surface of the water. R. José said, "you should not give an opportunity to the Sadducees for scoffing: but (the lad) took and prepared the ashes."
4. They did not make use of (what pertained) to one red heifer for a second one, nor did they use another lad for 1 his (prepared) companion. "And the lads themselves were in need of sprinkling." The words of Rabbi José the Galilean. R. Akiba said, "they had no need of sprinkling."
5. If they did not find (ashes) of seven red heifers, six were sufficient, five, four, three, two, one. "And who made them?" "Moses made the first. And Ezra the second, and (there were) five from Ezra and afterwards." The words of Rabbi Meier. But the Sages say, "seven from Ezra and afterwards." "And who made them?" "Simon the Just, and John the High Priest made each two. Elihueni son of Hakuf, and Hanamel the Egyptian, and Ishmael, son of Piani, made one each."
6. And a causeway was made from the Mountain of the House to the Mount of Olives, with arches over arches. And there was an arch in front of the last pillar for fear of an unseen grave. Over it the priest who burned the heifer, and the heifer with all her attendants, proceeded to the Mount of Olives.
TOP OF THE MOUNT OF OLIVES, AS SEEN FROM MOUNT MORIAH.<br> (To illustrate the Treatise on The Red Heifer.)
Click to enlarge

TOP OF THE MOUNT OF OLIVES, AS SEEN FROM MOUNT MORIAH.
(To illustrate the Treatise on The Red Heifer.)
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7. If the heifer were unwilling to go, they did not bring with her a black one, lest it be said, "they slaughtered a black one" nor a red one, lest it be said, "they slaughtered two." R. José said, “this was not the reason, but because it is only said, “That he may bring her forth.” 1 And the elders of Israel preceded her on foot to the Mount of Olives. And a house for washing was there. And the priest who burned the heifer was rendered unclean because of the Sadducees, 2 lest they should say, "it is needful for sunset to pass over him." 3
8. The elders put their hands on the priest and said, "my Lord High Priest, wash once." He descended and washed, and he came up and wiped himself. And wood was set in order there, cedar, and ash, and cypress, and figwood smoothed. And it was made like a tower, and windows were opened in it, and their direction was westward.
9. The red heifer was bound with a rope of bulrushes, and she was put on the place of preparation, with her head southward, and with her face westward. The priest stood in the east with his face westward. He slaughtered the heifer with his right hand, and received (the blood) in his left hand. R. Judah said, "he received it in his right hand, and put it into his left, and sprinkled it with his right hand." He dipped his hand, and sprinkled the blood seven times in front of the House of the Holy of Holies. For every sprinkling of blood he dipped his hand. When he finished sprinkling the blood he wiped his hand on the body of the heifer. He went down and kindled the fire with chips. Rabbi Akiba said, "with palm branches."
10. She burst and moved from her place. He took cedar wood and hyssop, and scarlet (wool). He said to them, "is this cedar wood, is this cedar wood?" "is this hyssop, is this hyssop?" "is this scarlet, is this scarlet?" three times for each thing. And they said to him, "yes," "yes," three times for each thing.”
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11. He wrapped them in the remainder 1 of the tongue of scarlet wool, and cast them into the midst of the burning. When the fire was burned down, the ashes were beaten with sticks, and sifted with sieves. R. Ishmael said, "with stone hammers, and the work was finished with stone sieves." A black piece in which there are ashes must be pulverized, and that which has no ashes is left. Bones with or without ashes were pulverized. And they were divided into three parts. One part was put in the Chel, and one was put on the Mount of Olives, and one was divided for all the guards. 2 (i.e., the representatives of all Israel).

Footnotes

303:1 Nehem. ii. 8. 1 Chron. xxix. 1.
303:2 According to Jewish tradition a dead body covered in with earth conveyed legal uncleanness to every one who walked over it; but if a vault was over the body, or if air intervened between the corpse and the surface of the ground, it was regarded as a non-conductor. There are reckoned six degrees of uncleanness—the father of fathers—the fathers—the first, second, third, and fourth children of defilement. There are altogether twenty-nine fathers of uncleanness, of which eleven arise from contact with a dead body.
304:1 Some commentators explain that "each heifer requires a fresh lad."
305:1 Numb. xix. 3.
305:2 The Pharisees asserted that a priest might be defiled, and that after washing he was legally clean for burning the red heifer. But the Sadducees maintained that he was not legally clean before sunset. Numb. xix. 9, 10.
305:3 Lev. xxii. 7.
306:1 The cedar, hyssop, and scarlet wool were laid parallel to each other, and whatever portion of the scarlet wool remained too long was wrapped round the bundle.
306:2 Numb. xix. 9.

CHAPTER IV.

1. "The heifer which was slaughtered without the proper intention, (the priest) caught the blood and sprinkled it without the proper intention, or with the proper intention, and afterwards without the proper intention, or without the proper intention, and (afterwards) with the proper intention?" "She is disallowed." R. Eliezer "allowed her." "And if the priest did not wash his hands and his feet?" "She is disallowed." R. Eliezer "allowed her." "If she was not slaughtered by the High Priest?" "She is disallowed." R. Judah "allowed her." "If any of his garments were wanting?" "She is disallowed." And the rites were performed in white vestments.
2. If the priest burned her out of her prepared place, or in two places, or burned two in one place?" "She is disallowed." "If he sprinkled her blood but not straight in front of the DOOR?" "She is disallowed." "If he sprinkled her blood the sixth time for the seventh,—he then turned and sprinkled the seventh?" "She is disallowed." "If the priest sprinkled the seventh time for the eighth—he then turned and sprinkled the eighth?" "She is allowed."
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3. "If the priest burned the red heifer without wood, or with every sort of wood, even with stubble and dung?" 1 "She is allowed." "If he skinned and cut her?" "She is allowed." "If he slaughtered her on condition of eating from her flesh, and drinking from her blood?" "She is allowed." Rabbi Eliezer said, "intention does not disallow the heifer."
4. All who are busied about the heifer from the beginning to the end render their garments legally unclean. And any work gained from her renders her disallowed. If any illegality happened during her slaughter, she does not render their garments unclean. If it happened during the sprinkling of her blood, every one busied before her disallowance renders his garments unclean. After her disallowance he does not render his garments unclean. It follows that her difficulty is his convenience. They who are busied about her are always liable for a trespass-offering. They may add wood to her during her burning. And her business is done in the day and by a priest. Every work for gain with her causes her disallowance, until she be reduced to ashes. And work for gain causes disallowance in the water also, until the ashes be strewn upon it.

Footnotes

307:1 Or thick parts of straw.

CHAPTER V.

1. He who brings earthen vessels for the ashes of the heifer must wash them, and place them in the furnace over night. Rabbi Judah said, "even if he bring them from his house they are allowed. Since every one is trusted about the heifer. But in the heave-offering he opens the furnace, and takes out the vessels." R. Simon said, "from the second 2 row." R José said, "from the third row."
2. He who washes vessels for the ashes of the red heifer in water unsuitable for purification, must dry them. If he
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wash them in water suitable for purification, it is not necessary to dry them. If he add therein water for purification, whether of one sort or the other sort of water, he must dry them.
3. A pumpkin bottle which is washed in water unsuitable for purification, may be used for purification, till it becomes legally unclean. When it is unclean, they may no longer purify in it. R. Joshua said, "if one purify in it at first, one may purify in it to the last, if it cannot purify at last, it cannot purify at first." Whether it be clean or unclean, one must not add therein water for purification.
4. "A hollow reed cut for the ashes of the red heifer?" R. Eliezer said, "it must be washed at once." R. Joshua said, "it must be rendered legally unclean, and afterwards washed." Every one is suitable for purifying excepting a deaf person, an idiot, and a child. R. Judah "allows a child, but disallows a woman and a neuter."
5. Water may be prepared for purification in every vessel, even in vessels of dung, in vessels of stone, and vessels of clay, and in a boat. Water must not be prepared for purification in the sides of vessels, nor in the bottom of a vase, nor in the cork of a barrel, nor in one's fists, since they are not used for filling water, and they must not purify with them. And the water of the ashes of the heifer is not sprinkled without a vessel. There is no safety from defilement in the covering 1 bound except in proper vessels—there is no safety from the defilement of earthen vessels, except in proper vessels.
6. An egg-shaped vessel of the potters is allowed for the purifying water. R. José "disallows it." "The egg (shell) of a hen?" R. Meier and R. Judah "allow it," but the Sages "disallow it."
7. "A trough in a rock?" "They do not fill water with it, they do not purify in it, and they do not sprinkle from it, and it does not need the covering bound, and it does not disallow 2 the purifying pool." "If there were a vessel united (to it) with lime?" "They may fill water with it,
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they may purify in it, and sprinkle from it, and it needs a covering bound, and (if it becomes legally unclean) it disallows the purifying pool." "It had a hole in the bottom, and it was stuffed with a rag?" "The water in it is disallowed, because it is not (entirely) surrounded with the vessel." "If the hole were in the side, and it was stuffed with a rag?" "The water within it is allowed, because it is surrounded with the vessel." "If a rim of mud was made for it, and the water rose up to it?" "It is disallowed." "If it was so strong that the vessel could be lifted by it?" "It is allowed."
8. "There are two troughs in one stone. One of them is legally purified. The water in the second is not purified. There are holes from one trough to the other like the pipe of a bottle, or water overflowed from above only as much as the peeling of a garlic, and the owner had purified one of them?" "The water in the second can also purify."
9. "Two stones which are placed near to each other, and one made of them a (drinking) trough, and also two kneading-troughs, and also a drinking-trough, which was divided?" "The water, which is between them, does not purify." "If one connected them with lime or gypsum, and they can be lifted at once?" "The water, which is between them, can purify."

Footnotes

307:2 If the vessels had been in the first row, some one might have touched them, or some vessel might have come in contact with them, so as to render them unclean.
308:1 Numb. xix. 15.
308:2 It does not disallow the purifying pool if water flowed through a crevice in the rock into the pool.

CHAPTER VI.

1. "When one wishes to purify, and the ashes of purification have fallen on his hand, or upon the side (of the vessel), and they afterwards fell on a drinking-trough?" "They are disallowed." "If water of purification fell from a pipe on the trough?" "It is disallowed." "He took the water of purification out of the pipe, and covered the pipe or shut the door with it?" "The ashes of purification are allowed, but the water is disallowed." "He laid it on the ground?" "It is disallowed." "He laid it in his hand?" "It is allowed, because it is not otherwise possible."
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2. "If the ashes swam on the surface of the water?" R. Meier and Rabbi Simon said, "one may take them and purify;" but the Sages say, "all ashes which have once touched water, cannot purify." "If one have sprinkled the water, and the ashes be found at the bottom?" R. Meier and R. Simon said, "He may dry them and purify;" but the sages say, "all ashes which have (once) touched water, cannot purify."
3. "If one prepare water for purification in a trough, and there be a jug in it?" "Though its mouth be ever so narrow, the water therein can purify." "If there be a sponge?" "The water in it is disallowed." "How is one to act?" "He is to sprinkle till he come to the sponge. When he has touched the sponge, even if the water swim over it ever so little, it is disallowed."
4. "One has put in his hand, or his foot, or leaves of vegetables, so that the water of purification has run over to another vessel?" "It is disallowed." If they were leaves of reeds, or leaves of nuts, they are allowed. This is the rule. The thing which contracts uncleanness is disallowed. And the thing which does not contract uncleanness is allowed.
5. "If one divert a well into a vat-shaped pool, or into a marsh?" "The water in them is disallowed for issues and leprosies, or to purify with it as with the water of the ashes of the heifer, since it is not filled in a vessel."

CHAPTER VII.

1. "When five persons filled five barrels with water of purification, to purify five persons requiring purification, and they changed their mind for one purification, or they prepared for one purification, and they changed their mind for five?" "They are all allowed." "One person who filled five barrels to purify five persons requiring purification, and changed his mind for one purification?" "None is allowed but the last." "Or he made ready for one purification, and changed his mind for five purifications?" "None is allowed
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but the first purification." "If he said to one, 'purify all those for thee?'" "None is allowed but the first." "Purify all those for me?" "They are all allowed."
2. "He who fills (water of purification) with one hand, and does work with the other hand, if he fill for himself or for another person, or if he fill for both at once?" "Both are disallowed, since work disallows in filling (water of purification) whether for himself or for another."
3. "He who puts in ashes with one hand, and does work with the other hand?" "If it be for himself, it is disallowed; but if it be for another person, it is allowed." "He who while doing work puts in ashes for himself and for another?" "His own is disallowed, and the other's is allowed." "He who puts in ashes for two persons at once?" "Both are allowed."
4. "Put in ashes for me; and I will put in ashes for thee?" "The first case is allowed." "Fill water for me; and I will fill water for thee?" "The latter case is allowed." "Put in ashes for me, and I will fill water for thee?" "Both cases are allowed." "Fill water for me; and I will put in ashes for thee?" "Both cases are disallowed."
5. "A person filled water for his own use, and (also) for purification?" "He fills first for himself and binds it on the shoulder-pole; and afterwards he fills that for purification." "And if he fill that for purification first, and afterwards fill for himself?" "It is disallowed." He must put his own water behind him, and the water for purification before him. "And if he put that for purification behind him?" "It is disallowed." "Both are water for purification, he put one in front and one behind him?" "It is allowed, because it is not otherwise possible."
6. "If one carry a rope in his hand?" 1 "If he go in the (straight) way, it is allowed." "If he go out of his way?" "It is disallowed." One went to Jabneh 2 during
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three feasts, about this matter, and in the third feast it was allowed to him as a decision for the time.
7. "If one rolled the rope round his hand?" "It is allowed; but if he rolled it after (drawing the water), it is disallowed." Said R. José, "this act they allowed as a decision for the time."
8. "If one put aside the barrel lest it be broken, or turned it on its mouth for the purpose of drying it, intending to fill it with water?" "It is allowed." "But if he did so to carry in it ashes?" "It is disallowed." If one turned out potsherds from the trough, that it might contain more water, it is allowed; but if they would be no hindrance to him in the time of sprinkling, it is disallowed.
9. "One who had water on his shoulder, and he taught a decision in the law, or he showed the way to others, or he killed a serpent or a scorpion, or he took food to put it aside?" "It is disallowed." "The food was for eating?" "It is allowed." "The serpent or scorpion hindered him?" "It is allowed." Said Rabbi Judah, "this is the rule—an act for work, whether a man stood or did not stand, is disallowed. And an act which is not for work, if he stood, is disallowed; but if he did not stand, it is allowed."
10. "He who handed over his water of purification to an unclean (person)?" "It is disallowed." "But if he handed it to a legally clean person?" "It is allowed." R. Eleazar said "even to a (person legally) unclean it is allowed, if its owner did no work."
11. "Two persons drew water for purification, and each helped the other, or each took a thorn from the other?" "For one purification it is allowed, for two purifications, it is disallowed." R. José said, "even for two purifications it is allowed, if it were made a condition between them."
12. "He who has broken (something) during drawing water for purification with the view of preparing it afterwards?" "The water is allowed." "But if he prepared it?" "The water is disallowed." 1 "He ate with the view of drying
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the remainder of his food?" "The water is allowed." "But if he dried it?" "The water is disallowed." "He ate and left some, and he threw away what was left in his hand under a fig-tree, or into the place of drying, that it might not be lost?" "The water is disallowed."

Footnotes

311:1 The principle laid down in this mishna is that if one merely carried the rope for drawing the water, it was allowed to him to do so. But if he used the rope for any work advantageous to himself it was disallowed.
311:2 The modern Yebna (Jamnia).
312:1 The water is disallowed, because the man gained something for himself during the act of drawing it. His intention was not single-minded and pure.

CHAPTER VIII.

1. "Two persons watched a trough, containing water for purification, one of them becomes legally unclean?" "It is allowed, because it was in the safe keeping of the second." "He became clean and the second unclean?" "It is allowed, because it was in the safe keeping of the first." "Both became unclean at once?" "It is disallowed." "One of them did work?" "It is allowed, because it was in the safe keeping of the second." "He stood still, and the second did work?" "It is allowed, because it was in the safe keeping of the first." "Both worked at once?" "It is disallowed."
2. If one put ashes in the water for purification, he must not put on his sandal, for if the water fall on the sandal, it becomes legally unclean, and renders him legally unclean. This is the proverb, "What makes thee unclean, cannot make me unclean, but thou canst make me unclean." "If water fall on his flesh?" "He is clean." "If it fall on his garment?" "It becomes unclean, and renders him unclean." This is the proverb, "What makes thee unclean, cannot make me unclean, but thou canst make me unclean."
3. He who burned the red heifer, and the bullocks; 1 and he who sent forth the scapegoat, render garments unclean. The heifer, and the bullocks, and the scapegoat which was sent forth, cannot of themselves render garments unclean. This is the proverb—"What makes thee unclean, cannot make me unclean, but thou canst make me unclean."
4. If one eat from the carcase of a clean bird, as it is in his throat, it renders garments unclean. The carcase itself does not render garments unclean. This is the proverb,
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[paragraph continues] "What makes thee unclean, cannot make me unclean, but thou canst make me unclean."
5. Every 1 secondary uncleanness does not render vessels unclean, but fluid does so. If fluid become unclean, it renders vessels unclean. This is the proverb, "What makes thee unclean, cannot make me unclean, but thou canst make me unclean."
6. Earthen vessels cannot render each other unclean, but fluid does so. If fluid becomes unclean, it renders vessels unclean. This is the proverb, "What makes thee unclean, cannot make me unclean, but thou canst make me unclean."
7. Everything 2 which disallows the heave-offering renders the fluid unclean so as to be a primary uncleanness, for rendering a person unclean, and disallowing him, except he was one who washed by day. 3 This is the proverb, "What makes thee unclean, cannot make me unclean, but thou canst make me unclean."
8. All seas are reckoned for a pool of purification as is said, "And the gathering together of the waters called the seas" 4 The words of R. Meier. R. Judah said, "the great sea is as a purifying pool, it is not said seas, but there is in it many kinds of seas." R. José said, "all seas may purify in flowing, but they are disallowed for issues, and leprosies, and for purifying with them the water of the ashes of the red heifer."
9. Waters with a nickname are disallowed. These are the nicknames—salt and lukewarm. Deceitful 5 waters are disallowed. These are deceitful waters,—they failed once in seven years—they failed during war and during famine, yet they are allowed. R. Judah "disallows them."
10. The waters of Kirmion (Kishon?), and the waters of Pygah (Belus?) are disallowed, because they are the waters of marshes. The waters of the Jordan and the waters of
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[paragraph continues] Jarmuk 1 are disallowed, because they are mixed. And these are mixed waters, one allowed and one disallowed are mixed. Two which are allowed and mixed, are allowed. R. Judah "disallows them."
11. “The well of Ahab 2 and the cave of Panias 3 are allowed. Water which changed, but changed of itself, is allowed. A well of water which came from a distance is allowed, only it must be watched, that no man check it. R. Judah said, "it is taken for granted and allowed." "A well into which earth or clay fell?" "One must wait till it clear." The words of R. Ishmael. R. Akiba said, "there is no need of waiting."

Footnotes

313:1 Lev. iv. 12, 21.
314:1 Primary uncleanness arises from touching a dead body, leprosy, etc. Secondary uncleanness arises front touching one who had primary uncleanness.
314:2 A tertiary uncleanness follows from contact with secondary uncleanness.
314:3 That is one over whom evening had not yet come, nor was his offering yet made. Lev. xxii. 6, 7.
314:4 Gen. i. 10.
314:5 Isaiah lviii. 11.
315:1 The river Jarmuk is the Hieromax of the Greeks. It falls into the Jordan about four miles below the Lake of Tiberias. The Arabs now call it the Sheríat el Mandhûr.
315:2 The well of Ahab is supposed by some to be the source of a river near Beirût. This supposition is, however, very doubtful.
315:3 The modern Banias, one of the sources of the Jordan. It is situated under Mount Hermon, close to the remains of the ancient Cæsarea Philippi.

CHAPTER IX.

1. "A pan full of the water of purification into which ordinary water, however little, has fallen?" R. Eliezer said, "one must sprinkle twice with it." But the Sages "disallow it." "If dew fell into it?" R. Eliezer said, "let him leave it in the sun, and the dew evaporates." But the Sages "disallow it." "If fluid has fallen into it, or fruit juice?" "Let him pour it out, and it is necessary to dry it." Ink, gum, and vitriol, and everything which can be remarked, must be poured out, and there is no necessity to dry it.
2. "If insects and worms have fallen in, and burst or changed their appearance?" "The water is disallowed" A black beetle, though not burst nor changed, disallows it, since it is like a pipe. Rabbi Simon and R. Eliezer the son of Jacob said, "the wheat worm and the grain worm are allowed, because there is no matter in them."
3. "If a beast or animal drink of it?" "They disallow it." All fowls disallow it, excepting the dove, because it sucks. All creeping animals do not disallow it, excepting
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the weasel, because it laps. Rabban Gamaliel said, "also the serpent because it spues." R. Eliezer said, "also the mouse."
4. "If one think to drink the water of purification?" R. Eliezer said, "it is disallowed." R. Joshua said, "when he drew it (towards him)." R. José said, "of what are they talking, of water in which there are no ashes." "But of water in which there are ashes?" R. Eliezer said, "when he drew it (towards him)." R. Joshua said, "when he drinks." But if it be poured into his throat, it is allowed.
5. Water of purification which is disallowed, must not be kneaded in mortar, lest it bring misfortune to others. R. Judah said, "it is worthless." "A cow which drank water of purification?" "Her flesh is unclean for twenty-four hours." 1 R. Judah said, "it becomes worthless in her intestines."
6. The water of purification and the ashes of purification must not be passed over a river even in a boat, nor may they be floated on the surface of water. Nor may one stand on one side and throw them to the other side. But one may pass with them through water, which is up to his neck. He who is cleansed for purification, may pass over water with empty vessels in his hand cleansed for purification, and with water in which there are no ashes.
7. "Ashes which are allowed for purification; when they are mixed in ordinary ashes?" "We must follow the majority 2 (in reference to uncleanness) and they do not purify with them." Rabbi Eleazar said, "they may purify with them all."
8. Water intended for purification which was disallowed, renders unclean (him who was) cleansed for the heave-offering in his hands and body, but it does not render unclean him who was cleansed for purification, either in his hands or in his body. "If it were rendered unclean?" "It renders unclean (him who was) cleansed for the heave-offering in his hands and in his body, but (him who was) cleansed for purification it renders unclean, in his hands, but not in his body."
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9. Ashes which are allowed when put on the surface of water, which is unsuitable for purification, render unclean him who was cleansed for the heave-offering in his hands and body, but it does not render unclean him who was cleansed for purification, either in his hands or in his body.

Footnotes

316:1 Lit. from time to time.
316:2 The meaning is, that if the greater part of the ashes be legal, purification would follow. But if the greater part be ordinary ashes, there would be no purification.

CHAPTER X.

1. Everything suited for causing legal uncleanness in that which is trodden must be expelled from the ceremony of purification, whether it be unclean or clean, and man likewise. "Everything suited for producing defilement of the dead, whether it be unclean or clean?" R. Eliezer said, "it is not expelled." R. Joshua said, "it is expelled." But the Sages say, "if unclean it is expelled, but the clean thing is not expelled."
2. He who is cleansed for purification, when he touches that which is expelled, is unclean. A jug for purification, when it touches that which is expelled, is unclean. He who is cleansed for purification, when he touches eatable or drinkable things with his hand, is unclean. "But with his foot?" "He is clean." "The thing was moved with his hand?" R. Joshua pronounces him "unclean;" but the Sages pronounce him "clean."
3. "An earthen vessel for purification, which touched a creeping thing?" "It is clean." "It was placed upon it?" R. Eleazar pronounces it "clean;" but the Sages pronounce it "unclean." "It touched eatable or drinkable things, or holy writings?" "It is clean." "It was placed upon them?" R. José pronounced it "clean;" but the Sages pronounced it "unclean."
4. "When he who was cleansed for purification touched a fireplace 1 with his hand?" "He is unclean." "But with his foot?" "He is clean." "He stood on the fireplace, and stretched his hand with the jug, and the water and ashes in it beyond the fireplace, and also the shoulder pole, which he placed over the fireplace, and on it were two
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earthen vessels, one on either side?" R. Akiba pronounces him "clean;" 1 but the Sages pronounce him "unclean."
5. "He stood outside the fireplace, and stretched his hand to the window, and took the jug (with water and ashes) and passed it over the fireplace?" R. Akiba pronounces him "unclean," but the Sages pronounce him "clean." But he who was cleansed for purification, may stand over the fireplace, and in his hand an empty vessel cleansed for purification or (one) with water without ashes.
6. "When a jug for purification touched (one) in which there were holy things, or one in which there was an heave-offering?" "The one for purification is unclean; but those of the holy things and the heave-offering are clean." "If both be in his two hands?" "Both are unclean." "If both be in two papers?" "Both are clean." "If the one for purification be in paper, and the one for the heave-offering be in his hand?" "Both are unclean." "If the one for the heave-offering be in paper, and the one for purification be in his hand?" "Both are clean." R. Joshua said, "the one for the purification is unclean." "They were placed on the ground and one touched them?" "The one for purification is unclean, the one containing the holy things, and the one with the heave-offering are clean." "He moved them?" R. Joshua pronounces them "unclean," but the Sages pronounce them "clean."

Footnotes

317:1 The dispute is now about what constitutes "a clean place."
318:1 Heb. ix. 13, 14.

CHAPTER XI.

1. "A pan for purification which one left open, and he found it covered?" "It is disallowed." "He left it open and found a covering on it?" "If a weasel could drink of it, or a serpent, according to the words of Rabban Gamaliel, or there fell in it dew by night, it is disallowed." Water with ashes cannot be saved (from legal impurity) by the covering 2 bound upon it. And water in which there are no ashes, is saved by the covering bound upon it.
2. Every doubt implies cleanness in the heave-offering
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and cleanness in purification. Every reason for suspense in the heave-offering, causes pouring away of the water in purification. If acts requiring legal cleanness be afterwards performed, they are in suspense. Shallow water 1 is clean for holy things, and the heave-offering and purification. R. Eleazar said, "trickling water 2 is unclean for purification."
3. "A dried fig of the heave-offering which has fallen into water for purification, and one has taken it out and eaten it?" "If it be the size of an egg, whether it be unclean or clean, the water is unclean, and he who ate it is guilty of death." R. José said, "if it be clean the water is clean." He who was cleansed for the sin-offering, and afterwards put his head and the greater part of his body into water of purification, is unclean.
4. Everyone charged by the words of the Law to enter water, renders unclean holy things, and the heave-offering and ordinary things and the tithe, and is prevented from entering the temple. "After entering (the water) he renders unclean holy things, and disallows the heave-offering." The words of R. Meier, but the Sages say, "he disallows holy things and the heave-offering, but he is permitted in ordinary things and tithes, and if he came to the temple, whether before or after entering (water), he is a debtor (to the Law)."
5. "Everyone charged by the words of the Scribes to enter water, renders unclean holy things, and disallows the heave-offering, but allows ordinary things and the tithes." The words of R. Meier, but the Sages "disallow him in tithes." After his entering (water) he is permitted in all these. And if he came to the temple whether before or after entering water, he is free.
6. Everyone charged to enter water, whether by the words of the Law or the words of the Scribes, renders unclean the water for purification and the ashes for purification, and the sprinkler of the water of purification, by touching or lifting. "The hyssop, and the water without ashes, and empty vessels cleansed for purification (render unclean), by
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touching or lifting." The words of R. Meier, but the Sages say, "by touching but not by lifting."
7. All hyssop which has a distinctive name is forbidden, simple hyssop is allowed; Grecian hyssop, coloured hyssop, Roman hyssop, desert hyssop, are forbidden, and that of the unclean heave-offering is forbidden, but if it were of the clean (heave-offering) one should not sprinkle with it, but if one sprinkled with it, it is allowed. Men must not sprinkle with the sprouts or the berries of hyssop. When sprinkled with the sprouts, they are not prevented from entering the temple. R. Eliezer said, "not even with the berries." These are sprouts—stalks which have not ripened.
8. Hyssop used for sprinkling is allowed to cleanse the leper. "If one gathered it for wood, and fluid fell on it?" "He may dry it, and it is allowed." "If one gathered it for food, and fluid fell on it?" "Even though he dried it, it is disallowed." "If one gathered it for purification?" "It is reckoned as food." The words of R. Meier. R. Judah, and R. José, and R. Simon say, "it is reckoned as wood."
9. The order of the hyssop (requires) three roots, and in them three stalks. R. Judah said, "to every root three stalks." Hyssop which has three roots is to be separated and bound, if separated and not bound, if bound and not separated, if neither separated nor bound, it is allowed. R. José said, "the order of the hyssop is three roots and in them three stalks, and if there remain over from sprinkling two, and their fibres however small, they are allowed."

Footnotes

318:2 Numbers xix. 15.
319:1 Maimonides translates "Lattice-work."
319:2 Or trelliswork.

CHAPTER XII.

1. Short hyssop is made sufficient for sprinkling with a thread and spindle, and it is dipped and lifted, and one holds the hyssop and sprinkles. R. Judah and R. Simon say, "as is the rule for sprinkling with the hyssop, so is the dipping with the hyssop" (i.e. in holding it).
2. "If one sprinkled and there is a doubt if the water with ashes came from the thread, or a doubt if it came from the spindle, or a doubt if it came from the stalk?" "His
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sprinkling is disallowed." "If he sprinkled on two vessels, there is a doubt; if he sprinkled on both, there is a doubt that the sprinkling splashed from one to the other?" "His sprinkling is disallowed." "A needle is placed on a potsherd, and he sprinkled it, there is a doubt if he sprinkled on the needle, there is a doubt if the sprinkling splashed from the potsherd upon it?" "His sprinkling is disallowed." "A pan for purification with a narrow mouth?" "He is to dip the hyssop in and lift it out as usual." R. Judah says, "the first sprinkling (is allowed)." "The water of purification which became diminished?" "One may dip in even the tops of the stalks and sprinkle, except that he should not dry up the vessel." "His intention 1 was to sprinkle before him, and he sprinkled behind him, to sprinkle behind him, and he sprinkled before him?" "His sprinkling is disallowed." "Before him and he sprinkled sidewise in front?" "His sprinkling is allowed." He may sprinkle a man whether he be aware of it or not. He may sprinkle a man, or vessels, even should they be an hundred.
3. "His intention was to sprinkle on anything which can receive defilement, and he sprinkled on a thing which cannot receive defilement?" "If there remain (water) in the hyssop he must not repeat it." "His intention was to sprinkle on something which does not receive defilement, and he sprinkled on something which does receive defilement?" "If there remain (water) in the hyssop, he may repeat it." "If upon man, and he sprinkled on a beast?" "If there remain (water) in the hyssop, he must not repeat it." "Upon beast and he sprinkled on man?" "If there be (water) in the hyssop he may repeat it." Water which has dropped from the hyssop is allowed, because it renders everything unclean like the water of purification. 2
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4. He who sprinkled from a public window and entered the sanctuary, and the water was afterwards found (to be) disallowed, is free. He who sprinkled from a private window and entered the sanctuary, and the water was afterwards found (to be) disallowed, is a debtor. But the high priest, whether he sprinkled from a private, or from a public window, is free, since no high priest is indebted (for an offering) on his entering the sanctuary. Persons were slipping in water of purification before a public window, and treading in it and were not hindered, because the (Sages) say, "the water of purification, which has done its duty, causes no uncleanness."
5. A clean man who took the axe of one legally unclean by the handle, 1 and sprinkled it, even though there be so much water upon it as is sufficient for sprinkling, is clean. "How much water is sufficient for sprinkling?" "Sufficient that the tops of the stalks of hyssop be dipped and sprinkle." R. Judah said, "we regard them as though the hyssop were copper."
6. "He who sprinkled with unclean hyssop?" "If it be the size of an egg, the water is disallowed, and the sprinkling is disallowed." "If it be not the size of an egg?" "The water is allowed, but the sprinkling is disallowed, and he who is sprinkled renders his companion unclean, and he again his companion, even though there be an hundred."
7. He who was cleansed for purification, if his hands became unclean, his body is unclean, and he renders his companion unclean, and he again his companion, even though there be an hundred.
8. A jug for purification, which became unclean on the outside, becomes unclean inside, and renders unclean the one next to it, and it again the next one, even though they be an hundred. The bell and its clapper are reckoned as one. The spindle for bulrushes is not to be sprinkled either on the spindle or on the ring. But if it be sprinkled, it is sprinkled. If it be a spindle for flax, its parts are all reckoned as one. The skin which covers a couch which is joined to rings, is reckoned as one with it. The canopy is
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neither reckoned for uncleanness or cleanness. All handles of vessels which enter them are reckoned as one with them. Rabbi Jochanan, the son of Nuri, said, "even if they be only attached."
9. The panniers of an ass, and the staff of the threshing waggon, and the pole of a bier, and the horn vessels of travellers, and a chain for keys, and the stitch-hooks of washers, and a garment sewed with a mixture of wool and linen, are reckoned as one for uncleanness, but not reckoned as one for sprinkling.
10. "The cover of a kettle which is bound by a chain?" The school of Shamai say, "it is reckoned as one for uncleanness, but not reckoned as one for sprinkling." The school of Hillel say, "he sprinkled the kettle, he sprinkled the cover; he sprinkled the cover, he did not sprinkle the kettle." All are permitted to sprinkle, except a neuter and a woman, and a child without understanding. A woman may help a man when he sprinkles, and she may hold for him the water. And he dips the hyssop and sprinkles. If she take hold of his hand even in the moment of sprinkling, it is disallowed.
11. "One dipped the hyssop by day, and sprinkled by day?" "It is allowed." "He dipped the hyssop by day, and sprinkled by night, by night, and sprinkled by day?" "It is disallowed." "By day, and sprinkled on the day following?" "It is disallowed." But he himself washed by night, and sprinkled by day, since we do not sprinkle till the sun rise; and everything done in sprinkling when the pillar of the morn ascends, is allowed.

Footnotes

321:1 This doctrine of Intention has also been adopted into the system of Romanism. The Council of Trent (Session vii., Canon xi.) teaches, that "Whoever shall affirm that when ministers perform and confer a sacrament, it is not necessary that they should have at least the intention to do what the Church does; let him be accursed." It follows, that if, for example, in the Sacrament of Orders, any bishop in any age failed in due intention, all the Orders which flowed from him are invalid. So that, at the present day, all Romish ecclesiastics, from the Pope in the Vatican down to the lowest priest, are probably laymen. And the history of the Papacy rather confirms this conclusion.
321:2 Chap. ix. 9; viii. 5.
322:1 Another rendering is "in his garment."

TREATISE XVII.

Hands.
Pouring Water—Vessels—Water—Who may pour—How it is to be poured—Hindrances to Cleanness—Doubting—Primary Uncleanness—Secondary Uncleanness—Derived Uncleanness—Rabban Simeon, Son of Gamaliel—Straps of Phylacteries—Rolls of the Law—Holy Scriptures—Canticles and Ecclesiastes—Foot-baths—Ammon and Moab—Discussion between Rabbis Eleazar, Ishmael, and Tarphon—Weeping of R. Eleazar—An Ammonite Proselyte—Chaldee Writing—Assyrian Writing—The Sadducees—The Books of Homer—The Pharisees—Writing the Name.

CHAPTER I.

1. A Quarter log 1 of water is poured on the hands of one person; also on the hands of two persons. Half a log on three or four. From a log for five, ten, or even one hundred (persons.) R. José says, "provided there be not less for the last than a quarter log." Men may add (water) for the second washing, 2 but they must not add it for the first.
2. They may put water for hands in all vessels, even in vessels of dung, or vessels of stone, or vessels of earth. But they must not pour it on hands out of the (broken) sides of vessels, or the bottom of a tub, or the bung of a cask. Nor may one give it to his neighbour out of the hollow of his hand: because they must not draw or consecrate, or sprinkle the water of purification, or put it on hands, except it be in a vessel. They can only preserve vessels by the covering bound 3 upon them. Nor can they preserve from
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uncleanness water in open earthen vessels, 1 only in (covered) vessels.
3. Water which is unfit for animals to drink, is unfit (for washing) in vessels; but on the ground it is fit. If ink, gum, or vitriol black drop into it, and its colour be changed, it is unfit. If one made use of it, or soaked his bread in it, it is unfit. Simeon the Temanite said, "even if he intended to soak it in one vessel and it dropped into another, it is fit."
4. If one rinsed vessels in it, or rinsed out measures, it is unfit. If one rinsed in it vessels already washed, or new ones, it is fit. R. José "disallows it for new vessels."
5. Water in which the baker has dipped rolls, is unfit; but if he only dipped in his hands, it is fit. All are allowed to pour water on hands, even one deaf, an idiot, or a minor. A man may rest a cask between his knees and pour it. He may incline the barrel on its side and pour it. An ape may pour water on hands. R. José "disallows these two cases."

Footnotes

324:1 A log is about half a pint.
324:2 Before eating ordinary food the hands must be washed once. Before eating consecrated food they must be washed twice.
324:3 Num. xix. 15.
325:1 i.e. From the uncleanness of a dead reptile.

CHAPTER II.

1. "If one poured on his hand one gush?" "His hand is clean." "If on both hands one gush?" R. Meir pronounces them "unclean, until one poured out of a quarter log (vessel) upon them." "If an heave-loaf fall (on the water)?" "It is clean." R. José "pronounces it unclean."
2. "If one poured out his first (ablution) in one place, and his second in another place, and a heave-loaf fall on the first?" "It is unclean." "If on the second?" "It is clean." "If one poured out both the first and second (ablutions) into one place, and a heave-loaf fall on them?" "It is unclean." "If one poured out his first ablution, and find on his hand a splinter or small stone?" "His hands are unclean, as the second water only purifies the first washing on the hand." 2 R. Simon, the son of Gamaliel, says, "whatsoever is a creation of the water is clean."
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3. The hands become legally unclean, or legally clean up to the wrist. "How?" "If one poured the first (ablution) up to the wrist, and the second above the wrist, and the water ran back into the hand?" "It is clean." "If one poured the first and second (ablutions) above the wrist, and the water ran back into the hand?" "It is unclean." "If one poured the first (ablution) over one hand, and afterwards the second over both hands?" "They are unclean." "If one poured the first (ablution) over both hands, and afterwards the second over one hand?" "His hand is clean." "If one poured water on one hand and then rubbed it against its fellow?" "It is unclean." "If he rubbed it against his head, or against the wall?" "It is clean." Men may pour water over four or five persons alongside of each other, or above each other, provided they be separated, so that the water can come on them.
4. "There is a doubt if the water has been used; there is a doubt if it has not been used; there is a doubt if it be the prescribed quantity, there is a doubt if it be not the prescribed quantity: there is a doubt if it be (legally) unclean, there is a doubt if it be (legally) clean?" "In doubting he is clean," because the Sages said, "if there be a doubt of his hands being unclean, or imparting uncleanness, or being clean, he is clean." R. José said, "if there be a doubt of cleanness it is uncleanness." "How?" "His hands are clean, and before him are two unclean loaves, it is doubtful if he touched them, it is doubtful if he did not touch them: his hands are unclean, and before him are two clean loaves, it is doubtful if he touched them, it is doubtful if he did not touch them?" "His hands are one unclean and one clean." "And before him are two clean loaves: he touched one of them, it is doubtful if he touched the unclean, it is doubtful if he touched the clean?" "His hands are clean." "And before him are two loaves, one unclean and one clean, he touched one of them, it is doubtful if he touched the unclean, it is doubtful if he touched the clean?" "His hands are one unclean and one clean." "And before him are two loaves, one unclean and one clean, he touched both of them, it is
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doubtful if it were the unclean (loaf) with the unclean (hand), or the clean (loaf) with the clean (hand), or the clean loaf with the unclean (hand), or the unclean loaf with the clean hand?" "The hands remain as they were, and the loaves as they were." 1

Footnotes

325:2 And consequently does not purify the place covered by the splinter or stone, which remained unwashed by the first water.
327:1 Those that were legally clean continue clean, and those legally unclean continue unclean.

CHAPTER III.

1. "Whosoever puts his hands into a house smitten with leprosy?" "His hands are unclean in a primary degree." 2 The words of R. Akibah. But the Sages say, "his hands are unclean in a secondary degree." 3 "Whatever renders garments unclean at the time of contact, renders hands unclean in a primary degree." The words of R. Akibah. But the Sages say, "in a secondary degree." They said to R. Akibah, "where do we find the hands (unclean) in a primary degree?" "Everywhere," he said to them; "and how is it possible for them to be unclean in a primary degree, unless his body is unclean, excepting this." 4 "Victuals, and vessels which are unclean through liquids render hands unclean in a secondary degree." The words of R. Joshua. But the Sages say, "that which is unclean through a source of uncleanness, 5 renders the hands unclean; but derived uncleanness 6 does not render the hands unclean." Rabban Simeon, the son of Gamaliel, said, "it happened that a woman came before my father. She said to him, 'my hands entered into the hollow of an earthen vessel.' He said to her 'my daughter, from what was its uncleanness?' But I did not hear what she said to him." The Sages said, "the thing is clear, that which is unclean through a source of uncleanness renders the hands unclean; but derived uncleanness does not render the hands unclean."
2. "Whatever disallows the heave-offering, renders the
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hands unclean in a secondary degree. One hand can render the other hand unclean." The words of R. Joshua. But the Sages say, "a secondary cannot make a secondary." 1 He said to them, "and are not Holy Scriptures secondaries, and they render the hands unclean." They said to him, "we cannot judge the words of the Law from the words of the scribes, nor the words of the scribes from the words of the Law, nor the words of the scribes from other words of the scribes."
3. Straps of phylacteries with the phylacteries, render the hands unclean. R. Simeon says, "the straps of phylacteries do not render the hands unclean."
4. The margin in a book of the Law, at the top and bottom, at the beginning and end, renders the hands unclean. R. José says, "in the end it does not render the hands unclean, until the roller be attached."
5. A book of the Law which is erased, but in which there remain eighty-five letters like the portion, "And it came to pass when the Ark set forward," 2 renders the hands unclean. Any roll in which there are written eighty-five letters like the portion, "And it came to pass when the Ark set forward," renders the hands unclean. All sacred Scriptures render the hands unclean. The Canticles and Ecclesiastes render the hands unclean. R. Judah says, "Canticles render the hands unclean, but Ecclesiastes is in dispute." R. José says, "Ecclesiastes does not render the hands unclean, but the Canticles are in dispute." R. Simeon says, "Ecclesiastes is one in which the school of Shammai is less strict, and the school of Hillel more rigid." R. Simeon, the son of Azai, said, "I received by tradition from the mouths of the seventy-two elders, on the day they inducted R. Eleazar, the son of Azariah, into the presidents’ seat, that Canticles and Ecclesiastes render the hands unclean." R. Akivah said, "God forbid! no man in Israel ever questioned that the Canticles render the hands unclean, as the whole world is not equal to
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the day on which the Canticles were given to Israel; for all the Scriptures are holy, but the Canticles are Holy of Holies. They only disputed in reference to Ecclesiastes." R. Jochanan, the son of Joshua, the son of R. Akibah's father-in-law, said, "according to the words of the son of Azai, thus they disputed, and thus they decided."

Footnotes

327:2 His hands render unclean what they touch.
327:3 His hands render sacred things unclean.
327:4 i.e. The putting his hands into a house infected with leprosy.
327:5 Lit. "father of uncleanness," such as a corpse or dead reptile, etc.
327:6 i.e. Uncleanness not containing the principle of uncleanness.
328:1 An object unclean in the secondary degree cannot make another unclean in the same degree.
328:2 Numb. x. 35, 36. The rabbis count these verses a distinct book of the law.

CHAPTER IV.

1. On that day 1 they voted and decided, "that a foot-bath containing from two logs to nine cabs, 2 which was split, 3 may become unclean from pressure." 4 although R. Akibah says, "that a foot-bath is as its name." 5
2. On that day they said, "that all sacrifices offered without due intention are allowed, but they do not absolve the owners from their obligation, except the passover-offering, and the sin-offering—the passover-offering in its time, and the sin-offering at all times." R. Eleazar says, "also the trespass-offering, the passover-offering in its time, and the sin or trespass-offering at all times." R. Simeon, the son of Azai, said, "I received it by tradition from the mouth of the seventy-two elders, on the day they inducted R. Eleazar the son of Azai into the president's seat, that all sacrifices offered without due intention, are allowed, but they do not absolve the owners from their obligation, except the passover-offering, and the sin-offering." The son of Azai only added the burnt-offering, but the Sages did not agree with him.
3. On that day they said, "how is it with Ammon and Moab 6 in the Sabbatical year?" R. Tarphon decided "they must pay tithes for the poor:" 7 but R. Eleazar, son of Azariah, decided "second tithes." 8 R. Ishmael then said, "Eleazar, son of Azariah, it behoves thee to prove it, for thou
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addest to the burden (of the Law); and whoever adds to the burden (of the Law) it behoves him to prove it." R. Eleazar, son of Azariah, said to him, "Ishmael, my brother, I have not changed from the order of the years, 1 but my brother Tarphon has changed, therefore it behoves him to prove it." R. Tarphon replied, "Egypt is out of the land, and Ammon and Moab are out of the land: as Egypt pays tithes for the poor in the Sabbatical year, so Ammon and Moab pay tithes for the poor in the Sabbatical year." R. Eleazar, son of Azariah, replied, "Babylon is out of the land, and Ammon and Moab are out of the land; even as Babylon pays second tithes in the Sabbatical year, so Ammon and Moab pay second tithes in the Sabbatical year." R. Tarphon replied, "Egypt being near, is subject to tithes for the poor, in order that the poor in Israel may be supported in the Sabbatical year; so Ammon and Moab, which are near, must also be subject to tithes for the poor, in order that the poor in Israel may be supported in the Sabbatical year." R. Eleazar, the son of Azariah, replied, "thou seekest to increase money, but thou only losest souls; wouldest thou be the cause that heaven should neither send down dew nor rain, as is said, 'Will a man rob God?' Yet ye have robbed me. But ye say, Wherein have we robbed thee? In tithes and offerings." 2 R. Joshua said, “behold I will answer for my brother Tarphon, but not according to the sense of his words—“Egypt is a new arrangement, Babylon is an old arrangement; the judgment before us is a new arrangement. Let the new arrangement be judged from the new arrangement, but let not a new arrangement be judged from an old arrangement. Egypt is an arrangement by the elders (of the Sanhedrin), but Babylon is an arrangement by the prophets—the judgment before us is an arrangement by the elders. Let therefore the arrangement by the elders be judged from an arrangement by the elders; but let not an
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arrangement by the elders be judged from an arrangement by prophets.” They voted and decided "that Ammon and Moab must pay tithes for the poor in the Sabbatical year." When R. José, son of Dormiskith, came to R. Eleazar at Lydda, he said to him, "what had you new in the college to-day?" He answered, "they voted and decided that Ammon and Moab must pay tithes in the Sabbatical year." R. Eleazar wept and said, "'The secret of the LORD is with them that fear him; and He will show them His covenant.' 1 Go and tell them, be not anxious about your vote, for I received it by tradition from Rabban Johanan; the son of Zachai, who heard it from his teacher, up to the decision of Moses from Sinai, that Ammon and Moab must pay tithes to the poor, in the Sabbatical year."
3. On that day came Judah, an Ammonitish proselyte, and stood before them in the college. He said to them, "how am I to come into the congregation?" Rabban Gamaliel said to him, "thou art forbidden." R. Joshua said to him; "thou art allowed." Rabban Gamaliel said, "the Scripture says, 'An Ammonite, or Moabite shall not enter into the congregation of the LORD; even to their tenth generation etc,'" 2 To him said R. Joshua, “are then the Ammonites or Moabites still in their own land? Sennacherib, King of Assyria, aforetime came up, and commingled the nations, as is said, “And I have removed the bounds of the people, and have robbed their treasures, and I have put down the inhabitants like a valiant (man).” 3 Rabban Gamaliel said to him, "the Scripture says, 'And afterwards I will bring again the captivity of the children of Ammon;' 4 and they are already returned." To him said R. Joshua, "the Scripture says, 'And I will bring again the captivity of my people of Israel, 5 and Judah.' But they are not yet returned." And they allowed him to come into the congregation.
4. The Chaldee passages in Ezra and Daniel render the hands unclean. Chaldee written in Hebrew, and Hebrew
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written in Chaldee, or in Hebrew 1 do not render the hands unclean. In no case do they cause uncleanness, unless the writing be Assyrian, on parchment with ink.
5. The Sadducees said, "we blame you Pharisees, because you say sacred Scriptures render the hands unclean, but the books Hameram 2 do not render the hands unclean." Rabban Jochanan, the son of Zachai, said, "and have we nothing else against the Pharisees but this? Behold they say, 'that the bones of an ass are clean, but the bones of Jochanan the high priest are unclean.'" They said to him, "according to their value is their uncleanness, so that no one may make the bones of his father and mother into spoons." He said to them, "so (are) the sacred Scriptures: according to their value is their uncleanness. The books Hameram, which are not valued, do not render the hands unclean."
6. The Sadducees said, "we blame you Pharisees, that you declare the stream flowing (from a clean into an unclean vessel) to be clean." The Pharisees said, "we blame you Sadducees, that you declare a stream of water flowing from a graveyard to be clean." The Sadducees said, "we blame you Pharisees, because you say, if my ox or my ass cause damage, we are responsible; but if my slave or my bondwoman cause damage, we are free. What! if I be responsible for my ox and my ass, for which I have no obligation, I am bound for my slave or bondwoman for whom I have obligation. It is just that I should be bound for their damages." They said to them "no! if you speak of my ox and my ass which have no knowledge, as you speak of my slave and bondwoman who have knowledge: then, if I offend them, they may go and set fire to the stacks of corn of another, and I should be bound to pay."
7. A Galilean Sadducee said, "I blame you Pharisees,
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because you write the name of the reigning sovereign in the letter of divorce with Moses." The Pharisees said, “we blame you Galilean Sadducee, that you write the sovereign on the same page with the NAME, and not only so, but you write the sovereign above, and the name below, as is said, “And Pharaoh said, who is the Lord, that I should obey his voice to let Israel go.” 1 But when he was punished, what did he say? “The LORD is righteous.” 2

Footnotes

329:1 When R. Eleazar, the son of Azariah, was made president of the school in Jamnia.
329:2 A cab is about three pints.
329:3 And could not contain water enough to wash one foot.
329:4 Of an unclean person.
329:5 It continues as long as its name, and as such cannot become unclean from pressure.
329:6 i.e. With Israelites dwelling there.
329:7 Tithe for the poor could be eaten anywhere.
329:8 Second tithes could only be eaten in Jerusalem, Deut. xiv. 22, 23.
330:1 The sixth year was fixed for the tithe to the poor, consequently in countries outside the land of Israel, and not subject to the Sabbatical rest, Israelites should pay the second tithe.
330:2 Malachi iii. 8. It is assumed that the prophet means the consecrated second tithe, and not the unconsecrated tithe for the poor.
331:1 Psalm xxv. 10.
331:2 Deut. xxiii. 3.
331:3 Isaiah x. 13.
331:4 Jer. xlix. 6.
331:5 Amos ix. 14.
332:1 The ancient Hebrew letters are now called Samaritan. They are still used for writing by the small community of Samaritans who dwell in Nablûs, in the Holy Land. The Jews now use the Chaldee characters; and the Talmud therefore errs in calling the old national letters Assyrian.
332:2 Some suppose the writings of Homer are meant; others think that these were books against revealed religion.
333:1 Ex. v. 2. The name of Pharaoh cannot be considered an insult to Moses, since it precedes the name of God.
333:2 Ex. ix. 27. This is merely added to avoid ending with Pharaoh's blasphemy.
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