Babylonian Talmud: Tractate Shabbath

Folio 17a

May I bury my children,¹  if this is not an erroneous halachah, for the hearer heard [a ruling] and erred [therein]. [Viz.,] a peasant was passing with an ox-goad on his shoulder and one end thereof overshadowed a grave, and he was declared unclean in virtue of [the law of] utensils which overshadowed the dead.²  R. Akiba said, I will rectify [it] so that the words of the Sages³  may be fulfilled. [Viz.,] all movable objects induce uncleanness in their bearers by the thickness of an ox-goad; [and induce uncleanness] in themselves, by any thickness; and in other people or utensils, by the width⁴  of a handbreadth. And R. Jannai observed: and the ox-goad of which they spoke is not a handbreadth in thickness but in circumference, and they enacted [this law] concerning its circumference on account of its thickness.⁵  But according to R. Tarfon who said, 'May I bury my children but this halachah is incorrect!' they are less [than eighteen]? — Said R. Nahman b. Isaac, That the daughters of Cutheans are niddoth from their cradles was also enacted on that same day; and on the other [question]⁶  he agrees with R. Meir.⁷

And another? — When one vintages [grapes] for the vat [I.C., to manufacture wine], Shammai maintains: It is made fit (to become unclean]; while Hillel ruled, It is not made fit.⁸  Said Hillel to Shammai: Why must one vintage [grapes] in purity, yet not gather [olives] in purity?⁹  If you provoke me, he replied, I will decree uncleanness in the case of olive gathering too. A sword was planted in the Beth Hamidrash and it was proclaimed, 'He who would enter, let him enter, but he who would depart, let him not depart!'¹⁰  And on that day Hillel sat submissive before Shammai, like one of the disciples,¹¹  and it was as grievous to Israel¹²  as the day when the [golden] calf was made. Now, Shammai and Hillel enacted [this measure], but they would not accept it from them; but their disciples came¹³  and enacted it, and it was accepted from them.¹⁴

[Now,] what is the reason?¹⁵ — Said Ze'iri in R. Hanina's name: For fear lest he vintage it into unclean baskets.¹⁶  Now, that is well on the view that an unclean vessel renders fluid effective;¹⁷  but on the view that an unclean vessel does not render fluid effective, what can be said? — Rather, said Ze'iri in R. Hanina's name: For fear lest he vintage it in pitch lined baskets.¹⁸  Raba said: It is a preventive measure on account of tightly cleaving, [clusters].¹⁹  R. Nahman said in Rabbah b. Abbuha's name: [It is a preventive measure, for] a man sometimes goes to his vineyard to see if the grapes are ready for vintaging, takes a bunch of grapes to squeeze it, and sprinkles [the juice] on the grapes, and at the time of gathering the moisture is still dripping on them.

And another? — Said

1. Lit., 'may I cut off my children that this halachah is cut off'.
2. I.e. any utensil which overshadows the dead becomes itself unclean, whatever its width, and the peasant was declared unclean for the same day till the evening because he was actually carrying and in direct contact with this ox-goad. But one of the disciples who heard this ruling erroneously imagined that he was unclean in virtue of the law stated in n. 7. involving an uncleanness of seven days, and thus drew a false conclusion.
3. Who said that all movable objects induce uncleanness by the thickness of an ox-goad.
4. Lit., 'aperture'.
5. If its thickness is a handbreadth, it induces uncleanness of seven days by Biblical law, and therefore the Sages extended this to the former case too, to prevent confusion. This is one of the eighteen enactments. V. Oh. XVI, 1.
6. Sc. one who places vessels under a spout, v. supra 16b.
7. Rashba's version omits this passage, because R. Tarfon accepted R. Akiba's view; v. Halevi, Doroth, I, 3, P. 587-8.
8. V. P. 45, nn. 1 and 4.
9. You maintain that grapes are fit to become defiled, and therefore must be vintaged into ritually clean baskets: why then do you not insist upon it when the olives are gathered too, for surely the same reasoning applies?
10. This was the practice when a vote was taken upon any question; Halevi, Doroth, I, 3, p. 585 n. 18.
11. I.e., the assembly voted against him-of course the actual expression is not to be understood literally.
12. In view of the humility to which Hillel, who was the Nasi, had been subjected.
13. At the assembly in the house of Hananiah b. Hezekiah b. Garon.
14. Hence it is one of the eighteen measures.
15. Why does the exuding liquid make the grapes susceptible to uncleanness? For the logic is the reverse, seeing that this liquid is wasted and its exuding is not with its owner's desire, whereas the owner's desire is necessary for it to cause susceptibility to defilement.
16. Since the uncleanness comes simultaneously with the fluid, the latter renders the grapes fit to become unclean, even without the owner's desire.
17. Lit., 'makes the liquid count'-to qualify other objects to become unclean.
18. Since the liquid is not lost, its exuding is not contrary to the owner's desire.
19. Lit., 'the biting ones'. One must separate these by force, thus causing juice to spurt out. Since he does this himself, the juice certainly makes the grapes susceptible; then as a preventive measure the law was extended to all exuding juice, in order to obviate confusion.

Tabi the hunter in Samuel's name: That the produce of terumah is terumah was also enacted on that day.¹  What is the reason? — R. Hanina said: It was a preventive measure, on account of undefiled terumah [being retained] in the hand of an Israelite.²  Raba observed: If they are suspected of this, they would not separate [terumah] at all: [and furthermore]³  since he can render one grain of wheat [as terumah for the whole], in accordance with Samuel,⁴  and does not, he is indeed trusted.⁵  Rather, said Raba, it is a preventive measure on account of unclean terumah in the priest's hands, lest he keep it with him and be led to sin.⁶

And another? — R. Hiyya b. Ammi said in 'Ulla's name: That one must give his purse to a Gentile if [the Sabbath] evening falls upon him on the road was also enacted on that day.⁷

And another? — Bali said in the name of Abimi of Senawta:⁸  [The interdict against] their bread, oil, wine and daughters⁹  all these are of the eighteen measures.¹⁰

Now, this is well according to R. Meir; but according to R. Jose, there are only seventeen?¹¹  — There is also that of R. Aha b. Adda. For R. Aha b. Adda said in R. Isaac's name: Their bread was forbidden on account of their oil, and their oil on account of their wine.¹²  'Their bread on account of their oil'!-wherein is [the interdict of] oil stronger than that of bread?¹³  Rather [say] they decreed against their bread and oil on account of their wine, and against their wine on account of their daughters, and against their daughters on account of 'the unmentionable,'¹⁴  and [they decreed] something else on account of some other thing. What is this 'something else?'- Said R. Nahman b. Isaac: They decreed that a heathen child shall defile by gonorrhoea,¹⁵  so that an Israelite child should not associate with him for sodomy.¹⁶  But if so, according to R. Meir too [it is difficult, for] there are nineteen!-Food and drink which were defiled through liquid he accounts as one.

MISHNAH. BETH SHAMMAI RULE: INK, DYES AND ALKALINE PLANTS¹⁷  MAY NOT BE STEEPED UNLESS THEY CAN BE DISSOLVED WHILE IT IS YET DAY;¹⁸  BUT BETH HILLEL, PERMIT IT. BETH SHAMMAI RULE: BUNDLES OF WET FLAX MAY NOT BE PLACED IN AN OVEN UNLESS THEY CAN BEGIN TO STEAM WHILE IT IS YET DAY, NOR WOOL. IN THE DYER'S KETTLE UNLESS IT CAN ASSUME THE COLOUR [OF THE DYE]; BUT BETH HILLEL PERMIT IT. BETH SHAMMAI MAINTAIN: SNARES FOR WILD BEASTS, FOWLS, AND FISH, MAY NOT BE SPREAD UNLESS THEY CAN BE CAUGHT WHILE IT IS YET DAY; BUT BETH HILLEL PERMIT IT. BETH SHAMMAI RULE: ONE MUST NOT SELL, TO A GENTILE, OR HELP HIM TO LOAD [AN ASS], OR LIFT UP [AN ARTICLE] UPON HIM UNLESS HE CAN REACH A NEAR PLACE;¹⁹  BUT BETH HILLEL PERMIT IT. BETH SHAMMAI MAINTAIN: HIDES MUST NOT BE GIVEN TO A TANNER, NOR GARMENTS TO A GENTILE FULLER, UNLESS THEY CAN BE DONE WHILE IT IS YET DAY; BUT IN ALL THESE [CASES] BETH HILLEL, PERMIT [THEM]

1. By Biblical law, if terumah is resown its produce is hullin (q.v. Glos.), but the Rabbis decreed that it is terumah and belongs to the priest.
2. Who may resow and keep it for himself, thus depriving the priest of his dues.
3. The text is in slight disorder.
4. V. Kid. 58b.
5. Not to retain the terumah, by resowing it.
6. Whilst keeping it for resowing, he may forget that it is unclean, and eat it. Therefore it was enacted that even if resown its produce may not be eaten, though it will not be regarded as unclean (Tosaf. as explained by Maharsha).
7. Infra 153a; and not carry it along short distances of less than four cubits each.
8. In A.Z. 36a the reading is Niwte, i.e., the Nabatean. Senawta is probably a dialect form of the same.
9. Sc. of Gentiles.
10. They are counted as one.
11. V. supra 16b. This seems a repetition of the question there.
12. Actually these were ancient prohibitions, going back to the days of Daniel (cf. Dan. I, 8; Josephus, Ant. I. 3, 12.). But in the course of time their observance grew weak, and the disciples of Shammai and Hillel renewed and strengthened the prohibition as one of their eighteen enactments. V. Halevi, Doroth, I, 3, pp. 591ff, seq., v. also Weiss, Dor, I, 129.
13. For this implies that there was greater reason for prohibiting their oil than their bread.
14. Lit., 'something else', viz., idolatry.
15. Even if he is not suffering therewith.
16. Thus this is the eighteenth.
17. Jast. Rashi: horse beans, used for cattle.
18. These materials had to be steeped in water before they were fit for their purpose, and Beth Shammai rule that this may not be done on Friday unless there is time for the process to be completed before the Sabbath. Yashuru means dissolved and soaked through, and will bear the latter meaning in respect of beans, according to Rashi's translation.
19. i.e., his destination must be near enough to be reached before the Sabbath.