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7. When father and son have seen the new moon, they must go (before the Sanhedrin), not that they may be combined together, but in order that, should the evidence of either of them be disallowed, the other may be combined with another witness. R. Simeon says, "father, and son, and relatives in every degree, may be allowed as competent witnesses for the new moon." R. Jose says, "it happened that Tobias, the physician, his son, and his freed slave, saw the new moon in Jerusalem, and the priests accepted his evidence, and that of his son, but disallowed his slave; but when they came before the Sanhedrin, they accepted him and his slave, but disallowed his son."
8. These witnesses are disallowed—gamblers with dice, usurers,(291) pigeon-breeders,(292) traders in produce of the Sabbatical year, and slaves. This is the rule: all evidence that cannot be received from a woman cannot be received from any of these.
9. "He who has seen the new moon but cannot walk?" "They must bring him on an ass or even in a bed." Those afraid of being waylaid may take sticks in their hands, and if they have a long way to go, they may take provisions. If they must be a day and a night on the road, they may profane the Sabbath in travelling to testify for the new moon; as is said, "These are the feasts of the LORD, which ye shall proclaim in their seasons."(293)
Chapter II
1. If a witness were unknown, another was sent to testify to him. At first they received evidence of the new moon from anyone; but when the heretics(294) bribed (the witnesses), they ordained that evidence should only be received from those who were known.
2. At first high flames were lighted, but when the Samaritans mimicked them, it was ordained that messengers should be sent forth.
3. "How were these high flames lighted?" "They brought long staves of cedarwood, canes, and branches of the olive tree, and the tow of flax, which was tied with twine. And one went to the top of the mountain and lighted them, and waved the flame to and fro, up and down, till he could perceive his companion doing so on the second mountain, and so on the third mountain," etc.
4. "And where were these high flames lighted?" "From the Mount of Olives to Sartaba; from Sartaba to Grophinah; from Grophinah to Hoveran; from Hoveran to Bethbaltin; there they did not cease to wave them to and fro, up and down, till the whole country of the captivity(295) looked like torches of fire."
5. There was a large court in Jerusalem called Beth Yangzek,(296) there all the witnesses met, and there the Sanhedrin examined them. And they made great feasts for them, that they might come often. At first they did not stir from thence all day.(297) Rabban Gamaliel the elder ordained, that they might go 2,000 cubits on every side. And not only they, but the midwife going to a birth; and they who go to rescue from fire, or from enemies, or from inundation, or from fallen buildings. These are as inhabitants of the place, and they have 2,000 cubits on every side.
6. "How did they examine the witnesses?" "The first pair which came were examined first, and they brought in the eldest of them, and they said to him, 'Tell us how you saw the moon—(her horns) toward the sun, or away from the sun? To the north, or to the south? What was her altitude? Toward where her declination? And what was her breath?' If he said 'toward the sun,' he said nothing. Afterward they brought in the second and examined; if the evidence was found to agree, the evidence stood. The remaining pairs of witnesses were then superficially examined, not because there was necessity for their evidence, but not to discourage them, that they might be willing to come again."
7. The chief of the Sanhedrin said, "(the feast) is sanctified"; and all the people answered after him, "Sanctified, sanctified." Whether the new moon had been seen in its season, or not, they sanctified it. R. Eleazar, son of Zadok, said, "if it were not seen in its season, they did not sanctify it, for heaven had already sanctified it."
8. Rabban Gamaliel had on a tablet and on the wall of his chamber figures and phases of the moon which he showed to ignorant witnesses, and said, "was it like this you saw her, or like that?" It happened once that two witnesses came, and said, "we saw the moon in the morning in the east, and in the evening in the west"; said R. Jochanan, son of Nourri, "they are false witnesses," but when they came to Jamnia, Rabban Gamaliel received their evidence. Two other witnesses came, and said, "we saw the moon in her season, but on the next evening of the intercalary day she was invisible," and R. Gamaliel received them. Said R. Dosah, son of Arkenaz, "they are false witnesses, for how can they testify of a woman being delivered, and on the morrow she is still pregnant?" To him said R. Joshua, "I approve thy words."
9. Rabban Gamaliel sent to (R. Joshua), "I order thee to come to me with thy staff and money on the day of atonement, according to thy reckoning."(298) R. Akivah went to (R. Joshua), and found him sorrowing. He said to him, "I can prove that all Rabban Gamaliel has done is well done, for it is said, 'These are the feasts of the Lord, even holy convocations, which ye shall proclaim in their seasons,'(299) or out of their seasons; I have no other feasts but these." R. Joshua came to R. Dose, son of Arkenaz. He said to him, "if we are to judge the tribunal of Rabban Gamaliel, we must also judge the tribunals which have existed from the days of Moses till now," for it is said, "Then went up Moses and Aaron, Nadab and Abihu, and seventy of the elders of Israel."(300) "And why were not the names of the elders mentioned, but to inform us that every three men in Israel who compose a tribunal, are as a tribunal of Moses?" R. Joshua took his staff and money in his hand, and went to Jamnia to Rabban Gamaliel on the day when the atonement began, according to his reckoning. Rabban Gamaliel stood up and kissed him on his head, saying to him, "come in peace, my master and disciple—my master in wisdom, my disciple in obeying my words."
Chapter III
1. "The Sanhedrin and all Israel saw (the new moon); the witnesses were examined, but it became dark before they could say, 'Sanctified'?" "The month is intercalary." "The Sanhedrin alone saw it?" "Two members must stand up and testify before them, and they shall say, 'Sanctified, sanctified.' " "Three composing a Sanhedrin saw it?" "Two of them must stand up, and their assessors must be seated with the single member, and before them they shall testify, and say, 'Sanctified, sanctified,' because an individual cannot be trusted by himself alone."
2. All cornets are allowed, except (horns) of a heifer,(301) because it is (written) horn.(302) Said Rabbi Jose, "are not all cornets called horn? for it is said, 'When they shall make a long (blast) with the ram's horn.' "(303)
3. The cornet of the New Year was a straight horn of a wild goat; and its mouthpiece was plated with gold. And the two trumpets(304) were stationed on each side. The cornet prolonged its note when the trumpets ceased, because the obligation of the day was for the cornet.
4. On fast days (there were) crooked rams' horns; and their mouthpieces were plated with silver. And the two trumpets were stationed in the midst. The cornet ceased, and the trumpets prolonged their notes, because the obligation of the day was for the trumpets.
5. The jubilee is like the New Year for the sounding and the blessings. R. Judah says, "on the New Year they sounded rams' horns; and on the jubilee wild goats' horns."
6. A cornet, which was rent and cemented, is disallowed. One cemented from fragments of cornets is disallowed. "It had a hole, which was closed?" "If it hinder the sound, it is disallowed; but if not, it is allowed."
7. "If one sound the cornet within a pit, a cistern, or in an earthenware vessel, and one (outside) hears the sound of the cornet?" "He is free."(305) "But if he hear the echo of the sound?" "He is not free." And so, if one be passing behind a synagogue, or his house adjoin the synagogue, and he hear the sound of the cornet, or the reading of the roll of Esther, he is legally free, provided he heard it with due attention; but if not, he is not legally free. Although one hears as well as another, yet one hears with hearty intention, and another without hearty intention.
8. "And it came to pass, when Moses held up his hand that Israel prevailed,"(306) etc. And how could the hands of Moses make the battle, or crush the battle? But it is written to tell thee that while Israel looked to Heaven for aid, and subjected their hearts to their heavenly Father, they prevailed; and when they did not do so, they were defeated. Like as He says, "Make thee a fiery serpent, and set it upon a pole, and it shall come to pass that everyone that is bitten, when he looketh upon it, shall live."(307) And how could the serpent kill, or make alive? But when the Israelites looked to Heaven for aid, and subjected their hearts to their heavenly Father, they were healed; and when they did not do so, they perished. One deaf and dumb, or an idiot, or a child, cannot, as proxies, free others from their obligations. This is the rule: all who are not responsible for a thing, cannot free others from their obligations.
Chapter IV
1. When the feast of New Year happened on the Sabbath, they used to sound the cornet in the Sanctuary; but not in the provinces. After the destruction of the Sanctuary, R. Jochanan, son of Zacai, decreed that they should sound it in every place in which there is a tribunal of justice. R. Eleazar says, "R. Jochanan, son of Zacai, decreed it only for Jamnia." But the Sages said to him, "it was all one for Jamnia, and all one for every place in which there is a tribunal of justice."
2. And again,(308) Jerusalem was privileged above Jamnia, because every city which could be seen, and the sounding heard, and which was near, and to which it was allowed to go, might sound the cornet; but in Jamnia they could only sound it before the tribunal of justice.
3. At first the palm-branch was taken seven days in the Sanctuary, and one day in the provinces. After the destruction of the Temple, R. Jochanan, son of Zacai, decreed, "that the palm-branch should be taken in the provinces for seven days, to commemorate the Sanctuary"; also "that the whole day of the waving(309) it should be forbidden (to eat new corn)."
4. At first they received evidence of the new moon during the whole (thirtieth) day; but once the witnesses delayed coming, and the Levites erred in the chant. They decreed, that they should receive evidence only till the time of the evening sacrifice; and if witnesses came after the evening sacrifice, that and the next day were kept holy. After the destruction of the Sanctuary Rabban Jochanan, son of Zacai, decreed, "that they should receive evidence of the new moon during the whole day." R. Joshua, son of Korcha, says, "and again Rabban Jochanan, son of Zacai, decreed that wherever the chief of the Sanhedrin might be, the witnesses need only go to the place of its meeting."
5. The order of blessings to be said on the New Year is, "The Fathers,"(310) and "The Mighty," and "Sanctification of the Name," and there are comprehended the "Kingdoms" without blowing the trumpet; "The Holiness of the Day," and he blows; "The Remembrances," and he blows; "The Trumpets," and he blows. And he says, "The Service," "The Confession," and "Blessing of the Priests." The words of R. Jochanan, son of Nourri. Said R. Akivah to him, "if the trumpet be not blown after 'The Kingdoms,' why are they mentioned?" But the order is, "The Fathers," and "The Mighty," and "Sanctification of the Name," and there are comprehended "The Kingdoms," with sanctification of the Day, and he blows; "The Remembrances," and he blows; "The Trumpets," and he blows. And he says, "The Service," "The Confession," and "Blessing of the Priests."
6. They cannot read less than ten (texts of Scripture) relating to "The Kingdom," ten relating to "Remembrances," and ten to "Trumpets."(311) R. Jochanan, son of Nourri, says, "if three be read from all of them, the duty is fulfilled, but they mention not the remembrance of the kingdom, and trumpet of vengeance.(312) They must begin with the Law and end with the Prophets." R. Jose says, "if they end with the Law, the duty is fulfilled."
7. (The minister of the congregation) must go over to the reading-desk on the feast of the New Year. The second minister must blow the trumpet. But at the hour for the hymn the first must read the hymn.
8. For sounding the trumpet of the New Year they may not transgress the Sabbatical limit, they may not remove for it a heap of stones, they may not climb a tree, and they may not ride a beast, or swim over water. Nor may they cut it(313) with anything that violates the Sabbatical rest, or violates a negative command. But if one wish he may pour into it water or wine.(314) They may not prevent children from blowing, but they may practise in teaching them. But he who practises blowing is not freed from his obligation, and he who listens to the practice is not freed from his obligation.
9. The order of blowing the trumpet is, three blasts blown thrice. The measure of the blast is as six alarms. The measure of the alarm is as three shrieks. If one blew the first and prolonged the blast for the second to be as two, it reckons but as one. He who has said the blessings, and afterward a trumpet is given to him, must blow a blast, an alarm, and a blast three times. As the minister of the congregation is bound, so is each individual bound. R. Gamaliel says, "the minister of the congregation releases the public from their obligations."
On Fasting
When Rain is to be Prayed for—Proclamations for Fasting—Ceremonial of Fasting—Prayers—Blowing of Trumpets—R. Gamaliel and R. Meier—Sign of Famine—Partial Rain—Pestilence—Story of Hone Hammeagal—Lifting Up of Hands—Deputies—Bringing Wood—Five Things Happened in Tammuz and Five in Ab—Mortifications—Rejoicings.
Chapter I
1. "When do we remember in prayer the heavy rain?" Rabbi Eleazar said, "from the first holiday of the feast (of tabernacles)," Rabbi Joshua said, "from the last holiday of the feast." To him said Rabbi Joshua, "when the rain is no mark of blessing in the feast, why should one remember it?" Said Rabbi Eleazar to him, "even I did not say to ask for it, but to remember the blowing of the wind, and the descent of the rain in its season." He replied to him, "if so, one can remember it always."
2. We ask for rain only near to the season of rains. Rabbi Judah said,(315) "he who passes last before the ark on the last holiday of the feast of tabernacles remembers it; the first does not remember it. On the first holiday of the passover the first remembers it, the last does not remember it." How long do we ask for rain? Rabbi Judah said, "till the passover be ended." Rabbi Meier said, "till Nisan depart,(316) as is said,(317) 'And He will cause to come down for you the rain, the former rain, and the latter rain in the first month.' "
3. On the third day of Marchesvan(318) we ask for the rain. Rabban Gamaliel said, "on the seventh, fifteen days after the feast, that the last Israelite returning home from the feast may reach the river Euphrates."
4. "If the seventeenth day of Marchesvan arrive, and the rain does not come down?" "Men of eminence begin to fast for three days. They may eat and drink by night. And they may work, and wash, and anoint themselves, and put on their sandals, and use their couches."
5. "If the first day of the month Chislev(319) arrive, and the rain does not come down?" "The tribunal proclaims three fast-days(320) for the congregation. Persons may, however, eat and drink by night. And they may work, and wash, and anoint themselves, and put on their sandals, and use their couches."
6. "If these days pass over, and there be no answer?" "The tribunal proclaims three other fast-days for the congregation. Persons may, however, eat and drink while it is still day. But they are forbidden work, and washing, and anointing, and putting on sandals, and the use of the couch. And the baths are locked up." "If these days pass over, and there be no answer?" "The tribunal proclaims for them seven more; these are altogether thirteen fast-days for the congregation." "And what are these fast-days more than the first six?" "Because during them men blow with the trumpets and lock up their shops." On Monday they can half open them at dark. But on Thursday they may open them for honor to the approaching Sabbath.
7. "If these days pass over, and there be no answer?" "People diminish business, building, planting, betrothals and marriages, and salutations of peace between man and his friend, as children of men ashamed before OMNIPRESENCE." The men of eminence have again recourse to fasting, till Nisan be ended. If Nisan be ended, and the rain comes down, it is a mark of cursing, as is said,(321) "Is it not wheat harvest to-day?" etc.
Chapter II
1. "What is the order of the fast-days?" "Men draw out the ark containing the rolls of the Law to the public street of the city, and they put burnt ashes on the top of the ark, and on the head of the prince, and on the head of the president of the tribunal, and everyone takes and puts ashes on his own head." The most aged of them says before them touching words, "Brethren, it is not said for the men of Nineveh, 'And God saw their sackcloth and their fasting,'(322) but 'God saw their works, that they returned from their evil way.' And in the tradition (of the prophet) he says,(323) 'Rend your hearts and not your garments, and turn unto the Lord your God.' "
2. When they stood in prayer, they placed before the ark an aged man and full of experience, one who had children and an unblemished house, that his heart be not distracted in prayer, and he says before them twenty-four blessings, the usual eighteen for every day, and he adds to them six more.
3. These are they, "remembrances,"(324) and "blowing of the trumpets,"(325) "In my distress I cried unto the Lord, and He heard me,"(326) "I will lift up my eyes unto the hills,"(327) "out of the depths have I cried unto Thee, O Lord,"(328) "A prayer of the afflicted when he is overwhelmed."(329) Rabbi Judah says, "it was not necessary to say the 'remembrances,' and 'the trumpets,' but he said instead of them, 'If there be in the land famine, if there be pestilence,' "(330) etc. "The word of the Lord that came to Jeremiah concerning the dearth."(331) And he said their closing benediction.
4. For the first additional prayer he said, "He who answered Abraham our father on Mount Moriah, He shall answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, the Redeemer of Israel." For the second he said, "He who answered our fathers by the Red Sea, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who rememberest those forgotten by man." For the third he said, "He who answered Joshua in Gilgal, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who hearest the blowing of the trumpet." For the fourth he said, "He who answered Samuel in Mizpah, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who hearest the cry of distress." For the fifth he said, "He who answered Elijah on Mount Carmel, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who hearest prayer." For the sixth he said, "He who answered Jonah from the fish's belly, He will answer you, and hear the voice of your cry this day. Blessed be Thou, Lord, who art ever answering prayer in the time of need." For the seventh he said, "He who answered David and Solomon his son in Jerusalem, He will answer you, and will hear the voice of your cry this day. Blessed be Thou, Lord, who hast pity on the earth."
5. It happened in the days of Rabbi Chelpatha and R. Chanania, son of Teradion, that a minister passed before the ark, and finished the whole blessing, and the congregation did not answer after him, Amen. One cried out, "Let the priests blow the trumpets"; they blew. (The minister prayed,) "May He who answered Abraham our Father on Mount Moriah answer you, and hear the voice of your cry this day." (One cried out,) "Let the sons of Aaron blow an alarm"; they blew an alarm. (The minister prayed,) "May He who answered our fathers by the Red Sea, answer you, and hear the voice of your cry this day." And when the matter came before the Sages they said it was not customary to do so, save in the Eastern gate and on the Mountain of the House.
6. These are the first three fasts. The priests of the weekly Watch of the Temple fasted, but not completely. And the priests of their "Father's House"(332) did not fast at all. In the second three fasts the men of the Watch fasted completely. And the men of their "Father's House" fasted, but not completely. "In the seven last fasts both of them fasted completely." The words of Rabbi Joshua. But the Sages say, "in the three first fasts neither one nor other fasted at all. In the second three fasts the priests of the Watch fasted, but not completely. And the priests of their 'Father's House' did not fast at all. In the seven last fasts the priests of the Watch fasted completely, and the priests of their 'Father's House' fasted, but not completely."
7. The men of the Watch are allowed to drink wine by night, but not by day, and the men who inherit the patrimony of their fathers(333) may not drink it neither by day nor night. The men of the Watch and the Delegates(334) are not allowed to shave, nor wash, except on Thursdays for the honor of the approaching Sabbath.
8. That which is written in "The Roll of Fasting,"(335) "not to mourn" on certain days—the day before them it is not allowed—the day after them it is allowed to mourn. Rabbi Jose said, "both before and after the day it is not allowed." But when it is written, "not to fast," both the day before and the day after the fast, it is allowed to fast. Rabbi Jose said, "before the fast it is not allowed—after the fast it is allowed."
9. The rulers must not proclaim fasts for the congregation to begin on Thursday, so as not to raise the market. But the three first fasts are Monday, Thursday, and Monday. And the three second, Thursday, Monday, and Thursday. Rabbi Jose said, "as the first fasts are not to begin on Thursday, so likewise the second and the last are not to begin on that day."
10. "The rulers must not proclaim fasting for the congregation on the feast of New Moon, and on the feasts of Dedication, and Purim; but if they have already begun, they need not cease." The words of Rabbi Gamaliel. Said R. Meier, "even though Rabbi Gamaliel said they need not cease, he admits that the congregation do not fast the whole day; and so also on the ninth of Ab, the fast for the burning of the Temple, if it happen on the eve of the Sabbath."
Chapter III
1. The order of these fasts is said only for the first rains. But if the sprouts wither, men blow an alarm off-hand. And if the rains cease between rain and rain forty days, men blow an alarm off-hand. Because it is a sign of famine.
2. If the rains came down for the sprouts, but did not come down for the trees, for the trees, but not for the sprouts, for both these, but not for the wells, pits, and caves, men must blow an alarm for them off-hand.
3. And so also for the city, on which the rain did not come down, as is written,(336) "And I caused it to rain upon one city, and caused it not to rain upon another city; one piece was rained upon, and the piece whereupon it rained not withered."
This city fasts and blows an alarm, and all its neighboring cities fast, but do not blow alarms. R. Akiba said, "they blow alarms, but do not fast."
4. And so for a city, in which there is pestilence, or falling of buildings, that city fasts and blows an alarm, and all the neighboring cities fast, but do not blow an alarm. Rabbi Akiba said, "they blow alarms, but do not fast." "What is pestilence?" "A city containing 500 men, and there go forth from it three dead in three days, one after the other; this is pestilence, less than this is not pestilence."
5. For these things men blow an alarm in every place—for the blasting and for the blighting, for the locust and for the caterpillar, and for the evil beast, and for the sword, they blow an alarm over them, because it is a spreading wound.
6. It happened that the elders went down from Jerusalem to their cities, and proclaimed fasting, because the blasting appeared, as much as would fill an oven, in Askelon. And again they proclaimed a fast, because the wolves devoured two children beyond Jordan: Rabbi Jose said, "not because they devoured them, but because the wolves were seen."
7. For these things men blow an alarm on the Sabbath—for a city, encompassed by Gentiles, or by a flood, and for a ship tossed in the sea. Rabbi Jose said, "for help, but not for a cry of distress." Simon the Temanite said, "also for pestilence," but the Sages did not admit it.
8. For all distress—may it not come on the congregation—men sound an alarm, except for too much rain. It happened that they said to Hone Hammeagal, "pray that the rain come down": he said to them, "go and bring in the passover ovens, that they be not dissolved." He prayed, but the rain did not come down—What did he do? He dug a hole and stood in it, and said before HIM, "Our Lord of the world, thy sons have turned toward me, because I am a son of the House in Thy Presence. I am sworn in Thy great Name, that I move not from hence, till Thou have pity on Thy children." The rain began to drop; he said, "I did not ask it thus, but rains for wells, pits, and caves." The rain began to descend with storm. He said, "I did not ask it thus, but reasonable rain, with blessing and free-will." The showers came down as they ought, until all Israel went up from Jerusalem to the Mount of Olives on account of the rains. They came and said to him, "as thou hast prayed that the rains should come down, so pray that they may depart." He said to them, "go and see if the Stone of Proclamation(337) be covered." Simon the son of Shatach sent to him word, "if thou wert not Hone, I would excommunicate thee; but what shall I do to thee, since thou prayest before OMNIPRESENCE, and He does thy will, as a son who plays upon his father, and he does his will? and for thee the Scripture says, 'Thy father and thy mother shall be glad, and she that bare thee shall rejoice.' "(338)
9. "If men were fasting and the rains came down for them before the sun rose?" "They need not complete the day." "If the rains came down after sunrise?" "They must complete it." R. Eliezer said, "before noon they need not complete it, if after noon they must complete it." It happened, that the rulers proclaimed a fast in Lydda, and the rains came down in the forenoon. Said R. Tarphon, "go and eat, and drink, and make holiday." They went and ate and drank, and made holiday, and they came in the evening and read the great Thanksgiving.(339)
Chapter IV
1. Three times in the year the priests elevate their hands to bless the people, four times a day—in the morning prayer, in the following prayer, in the evening prayer, and at the locking of the gates. These times are the fast days, on the fasts of the deputies, and on the day of atonement.
2. These are the Delegates, according as is said, "Command the children of Israel, and say unto them, My offering and my bread for my sacrifices made by fire."(340) And how is it possible, that the offering of a man should be sacrificed, and he does not stand by it? Therefore, the former prophets decreed four-and-twenty Watches. For every Watch there were Delegates in Jerusalem of priests, Levites, and Israelites. When the time approached (for them) to go up, the priests and Levites went up to Jerusalem, and the Israelites, who belonged to the Watch, gathered in their cities and read in the history of Genesis.
3. And the Delegates used to fast four days in the week, from the second day till the fifth. But they did not fast on the eve of the Sabbath, for honor to the Sabbath. Nor on the first day, that they should not go forth from repose and enjoyment, to toil, and fasting, and death. On the first day they read in Genesis,(341) "and let there be a firmament." On the second, "let there be a firmament and let the waters be gathered together." On the third day, "let the waters be gathered together, and let there be lights." On the fourth, "let there be lights, and let the waters bring forth abundantly." On the fifth, "let the waters bring forth abundantly," and "let the earth bring forth." On the sixth, "let the earth bring forth," and "the heavens were finished." Two men read a large portion, but a small portion was read by one. At morning prayer, at the following prayer, at the evening prayer, they went in and read orally (by heart), as they read the "Hear,"(342) etc. On the eve of the Sabbath they did not go in to evening prayer for honor to the Sabbath.
4. Every day when there is praise, the Delegates are not at morning prayer. When there is the additional offering at the following prayer, there is not the closing prayer at the locking up of the gates. "When there is the offering of the wood, there is not the evening prayer." The words of Rabbi Akiba. The son of Azai said to him, R. Joshua thus taught it: "when there was an additional offering, the Delegates did not come to evening prayer; when there was the offering of the wood, they did not come to prayer at the locking up of the gates." R. Akiba changed his opinion, and taught as the son of Azai.
5. The times of bringing wood for the altar by priests and people were nine. On the first of Nisan,(343) the children of Arach, son of Judah, brought it. On the twentieth of Tammuz,(344) the children of David, the son of Judah, brought it. On the fifth of Ab,(345) the children of Parhush, the son of Judah, brought it. On the seventh, the children of Jonadab, the son of Rechab, brought it. On the tenth, the children of Sinah, the son of Benjamin, brought it. On the fifteenth, the children of Zathva, the son of Judah, brought it, and with them the priests and Levites and all who were ignorant of their tribe. And the children of Gonebi Eli(346) and the children of Kozhi Kezihoth. On the twentieth, the children of Pachath Moab, the son of Judah, brought it. On the twentieth of Elul,(347) the children of Adin, the son of Judah, brought it. On the first of Tebeth, the children of Parush returned the second time. On the first of Tebeth,(348) there was no meeting of the Delegates, as there was on it "The Praise," and the additional offering at the following prayer, and the offering of the wood.
6. Five things happened to our fathers on the seventeenth of Tammuz, and five on the ninth of Ab. On the seventeenth of Tammuz the stone tables were broken, and the daily offering ceased, and the city was broken up, and Apostemus(349) burnt the law, and he set up an image in the Temple. On the ninth of Ab it was proclaimed to our fathers, that they should not enter the land, and the House was ruined for the first and second time, and Bither was taken, and the city was ploughed up. On entering Ab we must diminish joy.
7. The week in which the ninth of Ab comes, men are not allowed to clip their hair, or wash their clothes; but on Thursday they are allowed, for honor to the Sabbath. On the eve of the ninth of Ab one must not eat from two dishes, must not eat flesh, and must not drink wine. Rabban Simon, the son of Gamaliel, said, "one must change the style of living." R. Judah "enjoined to turn over the beds," but the Sages did not approve him.
8. Said Rabban Simon, the son of Gamaliel, "there were no holidays in Israel like the fifteenth of Ab, or like the day of atonement. Because in them the daughters of Jerusalem promenaded in white garments borrowed, that no one might be ashamed of her poverty. All these garments must be baptized. And the daughters of Jerusalem promenaded and danced in the vineyards. And what did they say? 'Look here, young man, and see whom you choose; look not for beauty, look for family;' 'Favor is deceitful, and beauty is vain, but a woman that feareth the Lord, she shall be praised;' and it is said, 'Give her of the fruit of her hands, and let her own works praise her in the gates,'(350) and also it is said, 'Go forth, O ye daughters of Zion, and behold King Solomon with the crown, wherewith his mother crowned him in the day of his espousals, and in the day of the gladness of his heart.'(351) The day of his espousals, this is the gift of the Law; and in the day of the gladness of his heart, this is the building of the Sanctuary, and may it be speedily built in our days. Amen."
The Feast-Offering(352)
What is a Child?—Offerings—Crooked and Straight—Remission of Vows—Persons Unsuitable for the World—Laying on of Hands—Baptisms—Defilements—Purity—Vessels of the Sanctuary.
Chapter I
1. All are bound to appear in the Temple, except the deaf, an idiot, and a child, and a eunuch, and women, and slaves who are not free, and the lame, and the blind, and the sick, and the aged, and the man who cannot go afoot. "What is a child?" "Everyone who cannot ride on the shoulder of his father, and go up from Jerusalem to the Mountain of the House." The words of the school of Shammai. But the school of Hillel say, "everyone who cannot grasp his father's hand, and go up from Jerusalem to the Mountain of the House," as is said, "three times."(353)
2. The school of Shammai say, "the appearance in the Temple is with two pieces of silver, and the peace-offering with a meah of silver."(354) But the school of Hillel say, "the appearance is with a meah of silver, and the feast-offering with two pieces of silver."
3. The burnt-offerings of the appointed feasts come from ordinary money; but the peace-offering from tithes. "The offerings on the first holiday of the passover?"(355) The school of Shammai say, "from ordinary money," but the school of Hillel say, "from tithes."
4. Israelites discharge their duty with vows, with free-will offerings, and with tithes of animals; and priests with sin-offerings, with trespass-offerings, and with the breast and shoulder, and first-born, but not with fowls, nor with meat-offerings.
5. "If one have a large family and small income?" "He must bring more peace-offerings, and less burnt-offerings." "If a small family and large income?" "He must bring more burnt-offerings, and less peace-offerings." "If both be small?" "Of this they say, a silver meah, and two pieces of silver are sufficient." "If both be large?" "Of this it is said, every man shall give as he is able according to the blessing of the Lord thy God which He hath given thee."(356)
6. When one did not bring his peace-offering on the first holiday of the feast, he may bring it during the holidays, and even on the last day of the feast. "If the feast passed over, and he did not bring the peace-offering?" "He is not obliged to bring it." For this it is said, "that which is crooked cannot be made straight, and that which is wanting cannot be numbered."(357)
7. Rabbi Simon, the son of Menasia, said, "if thou shalt say, a thief or a robber, he may return and become straight." R. Simon, the son of Jochai, said, "we do not call one crooked, save one straight at first, and he became afterward crooked; and this is the disciple of the wise, who departs from the Law."
8. The remission of vows is like flying in the air, and it has no foundation. The decisions for the Sabbath, peace-offerings, and trespasses, are as mountains hanging on a hair; because the verse is small, but the decisions are many. Jurisprudence, and the Temple service, cleanness and uncleanness, and illegal connections, have their own foundations; they, they are the body of the law.
Chapter II
1. Men may not discourse on illegal connections with three,(358) nor on the work of creation with two,(359) nor on the cherubs with one,(360) save when one is wise, and comprehends it of his own knowledge. Everyone who considers four things, it were suitable for him that he did not come into the world. What is in the height? what is in the depth? what is before? and what is behind? And everyone who is not anxious for the honor of his Creator, it were suitable for him that he did not come into the world.
2. Jose, the son of Joezar, said that "one is not to lay his hand on the offering." Jose, the son of Jochanan, said, "he is to lay his hand on the offering." Joshua, the son of Perachia, said, that he "is not to lay on his hand." Nittai, the Arbelite, said, "he is to lay on his hand." Judah, the son of Tabai, said, that "he is not to lay on his hand." Simon, the son of Shatach, said, "he is to lay on his hand." Shemaiah, said, "he is to lay on his hand." Abtalion said, "he is not to lay on his hand." Hillel and Menachem did not dispute. Menachem went out and Shammai entered. Shammai said, "he is not to lay on his hand." Hillel said, "he is to lay on his hand."(361) The first were Princes, and the second were Presidents of the Tribunal.
3. The school of Shammai said, "men may bring peace-offerings during the feast, but they are not to lay their hands on them, and they are not to bring burnt-offerings." But the house of Hillel say, "they may bring peace-offerings, and burnt-offerings, and lay their hands on them."
4. "When Pentecost happens to be on the eve of the Sabbath?" The school of Shammai say, "the day of slaughtering the offering is after the Sabbath." But the school of Hillel say, "there is no day of slaughtering after the Sabbath."
But they both acknowledge that if it happened to be on the Sabbath, the day of slaughter is after the Sabbath. And the high priest must not robe in his vestments, though they are allowed in seasons of mourning and fasting, for fear of confirming the words of those who say that "Pentecost is after the Sabbath."(362)
5. Men must wash their hands for ordinary eating, but for tithes and for the heave-offering they must be baptized. And for the sin-offering, if the hands be unclean, the body is unclean.
6. He who baptized himself for ordinary eating, and indicated it to be for ordinary eating, he is prohibited from (eating) the tithe. "If he baptized for the tithe, and indicated it to be for the tithe?" "He is prohibited from eating heave-offerings." "If he baptized for heave-offerings, and indicated it to be for heave-offerings?" "He is prohibited from eating the holy flesh." "If he baptized for the holy flesh, and indicated it to be for the holy flesh?" "He is prohibited from the sin-offering." "If he baptized for the weighty?" "He is permitted the light." "If he baptized, and did not indicate his intention?" "It is as no baptism."
7. Treading on the garments of an ordinary man defiled the Pharisees. Treading on the garments of the Pharisees defiled those who eat the heave-offering. Treading on the garments of those who eat the heave-offering defiled for the holy flesh. Treading on the garments of those who eat the holy flesh defiles for the sin-offering. Joseph, the son of Joezer, was the most pious of the priesthood, and treading on his cloak defiled for the holy flesh. Jochanan, the son of Gudgada, used to eat with the purification for the holy flesh all his life; and treading on his cloak defiled for the sin-offering.
Chapter III
1. There are more weighty rules for holy things, than for the heave-offering. Because vessels may be baptized in vessels for the heave-offering, but not for holy things. The outside and inside and handle (are reckoned separately) for the heave-offering, but not for holy things. He who carries that which defiles by treading upon it, may carry the heave-offering but not the holy flesh. Treading on the garments of those who eat the heave-offering defiles for the holy flesh. The measure of the holy flesh is not as the measure of the heave-offering. Because for the holy flesh one must loose his garments and dry himself, and baptize and afterward bind them up. But in the heave-offering he can bind them up and afterward baptize himself.
2. Vessels completed in purity must be baptized for holy things, but not for the heave-offering. A vessel unites whatever is inside to holy things, but not to the heave-offering. The fourth degree of legal uncleanness(363) is disallowed in holy things, and the third degree in the heave-offering. In the heave-offering, if one of the hands be unclean, its fellow may be clean, but in holy things one must baptize both hands; because each renders its fellow unclean for holy things, but not for the heave-offering.
3. Men may eat with unwashen hands the dry meat of the heave-offering, but not the holy flesh. The first day mourner, and he who failed in atonement, have need of baptism for the holy flesh, but not for the heave-offering.
4. There are weighty rules for the heave-offering, because in Judah men are credited with the purity of wine and oil during the whole year. And in the time of wine-pressing and oil-pressing (men are credited) even for the heave-offering. When the time for wine and oil pressing has passed over, and a barrel of wine is brought for the heave-offering, it must not be received. But one may let it stand over for the wine-pressing next year. But if one said, "I put into it a quarter log of holy wine," it is credited. "Jugs of wine and jugs of oil which are mixed?" They are credited in the time of wine-pressing and oil-pressing, and seventy days before that time.
5. From Modiyith(364) and inward,(365) men are credited for the purity of earthen vessels. From Modiyith and outward they are not credited. "How?" "The potter, when he is selling pots, comes inward from Modiyith." One says, "this is the potter," and "these the pots," and "these the purchasers," "it is credited." "When he went outward?" "It is not credited."
6. The tax-gatherers when they enter the house, and also the tax-gatherers when they restore the vessels, are credited in saying, "we did not touch them." And in Jerusalem they are credited in holy things (that they did not defile them), and at the time of the feast they are credited even in the heave-offering.
7. "He who opened his barrel of wine,(366) and commenced with his dough for the use of the feast?" R. Judah said, "he may finish it" (after the feast). But the Sages say, "he must not finish it." When the feast was over, the priests looked round for the purity of the Temple court. If the feast ended on Friday, they did not look round for honor to the approaching Sabbath. R. Judah said, "even they did not look round on Thursday, because the priests are not then idle."
8. "How did they look round for the purity of the court?" "The priests baptized the vessels, which were in the Sanctuary, and used to say to the people, 'Watch and do not touch the table and the candlestick, lest you render them unclean.' " All the vessels in the Sanctuary were double and treble, because if the first became unclean, they could bring duplicates instead of them. "All the vessels which were in the Sanctuary required baptism(367) except the golden altar, and the brazen altar, because they are as earth." The words of R. Eliezer. But the Sages say, "because they were overlaid."
The Sanhedrin
Judges—Judgments—The Tribunal of Seventy-one—The Great Sanhedrin—The Small Sanhedrin—High Priest—Funerals—King—Royal Wives—Book of the Law—Objections to Judges—Relations—Examination of Witnesses—Evidence—Judgments in Money and Judgments in Souls—Form of the Sanhedrin—Appointment of Judges—Intimidation of Witnesses—Investigation—Acquittal or Condemnation—Stoning—Hanging—Burning—Beheading —Strangling—Blasphemy—Idolatry—Enticing—Sorcery—A Son Stubborn and Rebellious—Burglary—Murder—Theft—Those Who Have No Portion in the World to Come—The Rebellious Elder—The False Prophet—The False Witness.
Chapter I
1. "Judgments for money (require) three (judges). Robbery and beating (require) three. Damages or half damages, double payments and payments four or five fold (require) three." "Constraint, and enticement, and slander (require) three." The words of R. Meier. But the Sages say, "slander (requires) twenty-three judges, because there exist in it judgments of souls."
2. Stripes (require) three judges. In the name of Rabbi Ishmael, the Sages say, "twenty-three." "The intercalary month(368) requires three. The intercalary year requires three." The words of Rabbi Meier. Rabban Simon, the son of Gamaliel, said, "with three judges they begin, and with five they discuss, and they conclude with seven; and if they concluded with three it is intercalated."
3. "The appointment of elders, and striking off the heifer's neck(369) (require) three." The words of Rabbi Simon. But Rabbi Judah said, "five." The loosing off the shoe,(370) and dissatisfaction in marriage (require) three. The produce(371) of the fourth year,(372) the second tithes, of which the value is unknown (require) three. The valuation of holy things (requires) three. The estimation of movable things requires three. R. Judah said, "one of them must be a priest." Immovable things require nine judges and a priest; and the valuation of a man (slave) is similar.
4. Judgments of souls (require) twenty-three judges. Bestiality (requires) twenty-three, as is said, "and thou shalt slay the woman and the beast," and it is also said, "the beast thou shalt slay." An ox to be stoned (requires) twenty-three judges; as is said, "The ox shall be stoned, and his owner also shall be put to death,"(373) as is the death of the owner, so is the death of the ox. The wolf, and the lion, and the bear, and the leopard, and the panther, and the serpent, are to be put to death with twenty-three judges. R. Eliezer said, "everyone who first killed them has gained honor." R. Akiba said, "they are to be put to death after a judgment with twenty-three (judges)."
5. A tribe must not be judged, nor a false prophet, nor a high priest, save before the tribunal of seventy-one. And soldiers must not go forth to lawful warfare, save by a decree of the tribunal of seventy-one. Men must not add to the city or to the temple courts, save by a decision of the tribunal of seventy-one. They must not appoint judges to the tribes, save by a decision of the tribunal of seventy-one. A city must not be excluded, save by the tribunal of seventy-one. And the tribunal must not exclude a city on the border, nor exclude three cities, but only one or two.
6. The Great Sanhedrin consisted of seventy-one members, and the small one of twenty-three. And whence know we that the great one contained seventy-one? as is said, "Gather unto me seventy men of the elders of Israel",(374) and Moses over them. There are seventy-one. R. Judah said "seventy." And whence know we that the small one consisted of twenty-three? as is said, "Then the congregation shall judge";(375) "and the congregation shall deliver." A congregation to judge, and a congregation to deliver, there is twenty. And whence know we that a congregation required ten? as is said, "How long shall I bear with this evil congregation?"(376) Joshua and Caleb were excepted. "And whence know we to produce the other three?" From the meaning, as is said, "Thou shalt not follow a multitude to do evil."(377) I am hearing that "I shall be with them for good." If so, why is it said, "to decline after many to wrest judgment"?(378) "Because thy inclinations to good do not equal thy inclinations to evil. Thy inclinations to good are by the report of one. Thy inclinations to evil are by the report of two. And a tribunal must not be balanced. Another must be added. There are twenty-three." "And how populous must be the city suited for judges?" "One hundred and twenty." R. Nehemiah said "230 to represent twenty-three overseers of tens."
Chapter II
1. The high-priest may judge, and be judged.(379) He may bear witness, and witness may be borne against him. He may have his shoe loosed, and the shoe may be loosed for his wife.(380) His brother may take his wife, but he must not take his brother's wife, because he is prevented from marrying a widow. If there happened a death in his family, he must not go immediately behind the bier. "But when the (mourners) are concealed (in a street), then he is discovered (to the public). They are discovered to the public, and he is concealed in a street. And he may go with them to the entrance gate of the city." The words of R. Meier. R. Judah said, "he must not depart from the sanctuary"; as is said, "neither shall he go out of the sanctuary."(381) And when he comforts others, the fashion of all the people is to pass one after the other, and the deputy priest puts him in the middle between himself and the people. But when he is comforted by others, all the people say to him, "we are thy atonement." And he says to them, "you shall be blessed from heaven." And at the first meal(382) after a funeral, all the people recline on the ground, and he sits on a stool.
2. The king neither judges, nor is he judged. He neither bears witness, nor is witness borne against him. He does not unloose the shoe, and the shoe is not unloosed for his wife. He does not marry his brother's wife, nor is his wife married by his brother. R. Judah said, "if he pleased he may unloose the shoe, or marry his brother's wife. He is remembered in prayer for good." The Sages said to him, "we do not hear him (the king) (for unloosing the shoe) and his widow must not marry." R. Judah said, "the king may marry the widow of a king, as we find with David that he married the widow of Saul"; as is said, "And I gave thee thy master's house, and thy master's wives into thy bosom."(383)
3. If there happened a death in his family, he goes not out from the entrance of his palace. R. Judah said, "if he pleases to go after the bier he may go, as we find in David that he went after the bier of Abner"; as is said, "And King David himself followed the bier."(384) The Sages said to him, "this only happened to pacify the people." And at the first meal after a funeral, all the people recline on the ground, and he sits on a sofa.
4. And he may go forth to lawful warfare by order of the supreme court of seventy-one, and he may break down a road for himself, and none can prevent him. The road of a king is without measure, and all the people plunder and lay it before him. And he takes part first. He must not multiply wives beyond eighteen. R. Judah said, "he may multiply wives for himself so long as they do not turn away his heart." R. Simon said, "even if one turn away his heart, he should not marry her." If so, wherefore is it said, "he must not multiply for himself wives, even though they be as Abigail"? He must not multiply horses, except sufficient for his own riding. And silver and gold he must not multiply much, only sufficient to pay his own expenses. And he must write a book of the law for himself. When he goes out to war, he must bring it with him. When he returns, he must bring it with him. If he sit in judgment it is with him. When he is seated it is before him, as is said, "And it shall be with him, and he shall read therein all the days of his life."(385)
5. None may ride on his horse, and none may sit on his chair, and none may use his sceptre, and none may see him shaving, either when he is naked, or in the bath, as is said, "Thou shalt in any wise set him king over thee,"(386) that his dread be upon thee.
Chapter III
1. "Judgments in money matters (require) three judges. This party chooses for himself one, and the other party chooses for himself one. And both parties choose another." The words of R. Meier. But the Sages say, "the two judges choose for themselves the other." "This one may declare the judge of that one illegal. And that one may declare the judge of this one illegal." The words of R. Meier. But the Sages say, "it is only when witness can be brought against them that they are related or unlawful." "But if they be righteous or experienced, they must not be declared illegal." "This one may declare illegal the witness of that one. And that one may declare illegal the witness of this one." The words of R. Meier. But the Sages say, "it is only when witness can be brought against them that they are related or unlawful, but if they be righteous they must not be declared illegal."
2. One said to the other, "I trust my father," "I trust thy father," "I trust three cowherds." R. Meier said, "he may change his mind." But the Sages say, "he must not change." If he must give an oath to his companion, and he said to him, "vow to me by the life of thy head"? R. Meier said, "he may change his mind." But the Sages say, "he must not change his mind."
3. And these are illegal (as judges or witnesses), one who played at cards, or lent on usury, or bet on the flight of doves, or trades in the Sabbatical year. R. Simon said, "at first they were called gatherers on the Sabbatical year; when they were forced by Gentiles to cultivate the ground, they changed to call them traders on the Sabbatical year." R. Judah said, "it is only when they have no other occupation but this one alone: but if they have another occupation, they are allowed."
4. And these are related, his father and his brother, and the brethren of his father, and the brethren of his mother, and the husband of his sister, and the husband of his father's sister, and the husband of his mother's sister. And the husband of his mother and his father-in-law, and his brother-in-law, they, their children, and their sons-in-law, and his step-son alone. R. Jose said, "this was the teaching of R. Akiba; but the first teaching was, his uncle and the son of his uncle, and all suitable for inheritance, and everyone related to him at the present time." "One was related and became estranged?" "He is lawful." R. Judah said, "even if his daughter died, and he has children left by her, they are related."
5. "Who is a friend? and who is an enemy?" "A friend is the bridegroom's best man, an enemy is everyone who has not spoken with him three days in malice." The Sages replied to him, "Israelites are not so suspicious."
6. "How are witnesses examined?" "They are brought in and intimidated; and all other men are driven out." And the chief of the witnesses is left, and they say to him, "tell us how do you know that this man is indebted to that man?" If the witness said, "he told me that I am indebted to him"—"such a man told me that he is indebted to him"—he has said nothing, till he shall say, "he acknowledged in our presence that he owed him 200 zuz." And afterward the second witness is brought in, and examined. If their statements were found agreeing, the judges held a conversation. Two of them said "he is clear," and one said "he is indebted"? "He is cleared." "Two said, he is indebted, and one said, he is clear?" "He is indebted." "One said he is clear, and one said he is indebted? And even if two pronounced him clear or indebted, and one said, 'I don't know'?" "The judges must be increased."
7. The matter is finished. They bring in the plaintiff and defendant. The chief judge says, "thou, such a one, art clear; thou such a one, art indebted." "And whence know we that one of the judges on going out should not say, 'I was for clearing him, but my colleagues pronounced him indebted, but what shall I do when my colleagues are too many for me'?" "Of this man it is said, 'Thou shalt not go up and down as a tale-bearer among thy people';(387) and it is said, 'A tale-bearer revealeth secrets.' "(388)
8. At any time the one condemned may bring evidence and annul the judgment. The judges said to him, "bring all your evidence within thirty days from this date." If he brought them within thirty days, it is annulled, if after thirty days, it is not annulled. Rabban Simon, the son of Gamaliel, said, "what shall he do if he did not find them within thirty days, but found them after thirty days?" "The judges said to him, 'bring witnesses'; and he said, 'I have no witnesses'; they said, 'bring evidence'; and he said, 'I have no evidence'; but afterward he found evidence, and found witnesses?" "They are nothing." Rabban Simon, the son of Gamaliel, said, "what shall he do if he did not know that he had witnesses, and found witnesses; he did not know that he had evidence, and found evidence?" "They said to him, 'bring witnesses'; he said, 'I have no witnesses.' 'Bring evidence,' and he said, 'I have no evidence.' " "He saw that he will be pronounced indebted in judgment, and he said, 'approach such a one, and such a one, and bear witness for me,' or 'he pulled out evidence from his pocket'?" "It is nothing."
Chapter IV
1. Judgments in money and judgments in souls must be equally inquired into and investigated; as is said, "Ye shall have one manner of law."(389) "What is the difference between judgments in money and judgments in souls?" "Judgments in money (require) three judges, judgments in souls twenty-three. Judgments in money open the case either for clearing or proving indebted, but judgments of souls open the case for clearing, and the case is not opened for condemning. Judgments in money are balanced by one judge either for clearing or proving indebted; but judgments in souls are balanced by one for clearing and by two for condemning. Judgments in money may be reversed either for clearing or proving indebted; but judgments in souls may be reversed for clearing, but must not be reversed for condemnation. All may express an opinion on judgments in money for clearing or proving indebted. All may express an opinion on judgments in souls for clearing, but all must not express an opinion for condemnation. He who has expressed an opinion on judgments in money for proving indebted, may express an opinion for clearing, and he who has expressed an opinion for clearing, may express an opinion for proving indebted. He who has expressed an opinion on judgments in souls for condemnation may express an opinion for clearing, but he who has expressed an opinion for clearing must not reverse it to express an opinion for condemnation. Judgments in money are conducted by day and settled by night. Judgments in souls are conducted by day and settled by day. Judgments in money are settled on the same day, either for clearing or proving indebted. Judgments in souls are finished on the same day for clearing, and on the day after it for condemnation—wherefore there can be no judgments on Friday or on the eve of a festival."(390)
2. Judgments in legal uncleanness and legal cleansings begin with the Supreme (judge). Judgments in souls begin with a judge at his side. All are eligible to pronounce judgments in money matters, but all are not eligible to pronounce judgments in souls—only priests, Levites, and Israelites who can intermarry into the priesthood.
3. The Sanhedrin was like half a round threshing-floor, in order that the members might observe each other. And two scribes of the judges stood before them—one on the right and one on the left. And they wrote the sentence of acquittal, and the sentence of condemnation. R. Judah said, "three; one scribe wrote the sentence of acquittal, and one wrote the sentence of condemnation; and the third wrote both the sentence of acquittal and the sentence of condemnation."
4. And three rows of the disciples of the wise sat before them. And each one knew his place. When it was necessary to appoint a judge, they appointed one from the first row. One from the second row came instead of him into the first, and one from the third row came instead of him into the second, and they selected another from the congregation, and they seated him in the third row, and he did not sit in the place of his predecessor, but he sat in a place suitable for himself.
5. "How did the judges intimidate witnesses in the testimony for souls?" "They introduced them, and intimidated them." "Perhaps you are speaking from guess? or from hearsay? witness from witness? or from a trustworthy man we heard it?" Or, perhaps, "you don't know that at the last we shall proceed to inquire into your own character and investigate it." "Have a knowledge that the judgments of money are not as the judgments of souls. Judgments for money, when the man pays the money he has atoned. In judgments for souls his blood and the blood of his posterity are suspended till the end of the world." So we find it with Cain when he slew his brother. It is said of him,(391) "the voice of thy brother's bloods crieth." He does not say thy brother's blood, but bloods of thy brother, his blood and the blood of his posterity. Another thing is also meant, that thy brother's bloods are spattered on wood, and on stones. Therefore man is created single, to teach thee that everyone who destroys one soul from Israel, to him is the verse applicable, as if he destroys a full world. And everyone who supports one soul in Israel, to him is the verse applicable, as if he supports the full world. And it is also said, for the peace of creation, that no man may justly say to his companion, my father is greater than thine. And that the Epicureans should not say, that there are more Creators in the heavens, and it is also said, to show forth the greatness of the Holy One, blessed be He! When man stamps many coins with one stamp, all are alike. But the King of Kings, the Holy One, blessed be He! stamped every man with the stamp of the first Adam, and no one of them is like his companion; therefore everyone is bound to say, "for my sake was the world created." But, perhaps, the witnesses will say "what is this trouble to us?" But is it not already said, "And is a witness, whether he hath seen or known of it; if he do not utter it?"(392) But perhaps the witnesses will say, "what is it to us, to be guilty of this man's blood?" But is it not already said, "When the wicked perish, there is shouting"?(393)
Chapter V
1. The witnesses were examined with seven investigations. "In what Sabbatical year?" "In what year?" "In what month?" "What date in the month?" "What day?" "What hour?" "What place?" R. Jose said, "What day?" "What hour?" "What place?" "Did you know him?" "Did you warn him?" In a case of idolatry, "whom did he serve?" "And with what did he serve?"
2. Every judge who extends examinations is praiseworthy. It happened that the son of Zacchai examined (even) on the stems of figs. And what difference is there between investigations and examinations? In investigations if one say, "I don't know," their witness is worthless. In examinations, if one say, "I don't know," and even two say, "we don't know," their witness stands. Whether in investigations or examinations, when they contradict each other, their witness is worthless.
3. One witness said, "on the second of the month," and another witness said, "the third of the month." Their witness stands. Because one knows of the intercalary month, and another does not know of the intercalary month. One said, "on the third," and another said, "on the fifth"; their witness is worthless. One said, "at the second hour," and another said, "at the third hour"; their witness stands. One said, "at the third," and another said, "at the fifth"; their witness is worthless. R. Judah said, "it stands." One said, "on the fifth," and another said, "on the seventh"; their witness is worthless, because at the fifth (hour) the sun is in the east, and at the seventh hour the sun is in the west.
4. And afterward they introduce the second (witness) and examine him. If both their statements agree, they open the case with clearing. One of the witnesses says, "I possess information to clear him." Or one of the disciples of the Sanhedrin says, "I possess information for condemning." They order him to keep silence. One of the disciples of the Sanhedrin says, "I possess information to clear him." They bring him up, and seat him between the judges, and he did not go down during the whole day. If there be substantial information, they give him a hearing. And even when he (the accused) says, "I possess information for clearing myself," the judges give him a hearing; only there must be substantial information in his words.
5. If the judges found him clear, they released him, but if not they deferred his judgment till the morrow. They conversed in pairs, and reduced their eating, and they drank no wine all the day, and discussed the matter the whole night. And on the morrow they came very early to the judgment hall. He who was for clearing said, "I was for clearing, and I am for clearing in my place." And he who was for condemning said, "I was for condemning, and I am for condemning in my place." He who pronounced for condemning, could pronounce for clearing, but he who pronounced for clearing, could not turn round and pronounce for condemning. If the judges erred in a matter, the two scribes of the judges recalled it to their memory. If they found him clear, they released him: but if not, they stood to be counted. "Twelve cleared him, and eleven condemned?" "He is clear." "Twelve condemned him, and eleven cleared him, and even eleven cleared, and eleven condemned," and one said, "I don't know." And even twenty-two cleared or condemned, and one said, "I don't know?" "They must add judges." "How many do they add as judges two by two?" "Up to seventy-one." "Thirty-six cleared him, and thirty-five condemned him?" "He is clear." "Thirty-six condemned him, and thirty-five cleared him?" "They disputed with each other until one of the condemning party acknowledged the statement of the clearing party."
Chapter VI
1. When the judgment was finished, they brought him forth to stone him.(394) The place of stoning was outside the judgment-hall; as is said, "Bring him forth that hath cursed."(395) One stood at the door of the judgment-hall with towels in his hand, and another man rode a horse at a distance from him, but so that he might see him. If one said, "I have something to tell for clearing," this one waved the towels, and the other galloped his horse, and stopped the accused. And even though he himself said, "I have something to tell to clear myself," they brought him back as many as four or five times, only there must be substance in his words. If they found him clear, they freed him; but if not, they took him forth to stone him. And a herald preceded him (crying), "Such a one, the son of such a one, is brought out for stoning, because he committed such a transgression, and so and so are witnesses; let everyone who knows aught for clearing him come forth and tell it."
2. When he was ten cubits from the place of stoning, they said to him "confess," as it is the custom of all about to die to confess, since to everyone who confesses there is a portion in the world to come. So we find with Achan when Joshua said to him, "My son, give, I pray thee, glory to the Lord God of Israel, and make confession unto him."(396) And Achan answered Joshua, and said, "Indeed, I have sinned against the Lord God of Israel, and thus and thus I have done." "And from whence know we that his confession made atonement for him?" "As it is said, 'And Joshua said, Why hast thou troubled us? the Lord shall trouble thee this day. This day thou art troubled, but thou shalt not be troubled in the world to come.' " And if he did not know how to confess, they told him to say, "let my death be an atonement for all my sins." Rabbi Judah said, "if he knew that he was falsely condemned, he said, 'let my death be an atonement for all my sins, except this one';" the (Sages) said, "if so, every man will speak thus to make themselves innocent."
3. When he was four cubits from the place of stoning, they stripped off his garments. "If a man, they covered him in front; if a woman, before and behind." The words of Rabbi Judah. But the Sages say "a man was stoned naked, but the woman was not stoned naked."
4. The place of stoning was two men high. One of the witnesses thrust him down on his loins. If he turned on his heart, the witness must turn him on his loins. If he died with that thrust it was finished; but if not, the second (witness) took the stone, and cast it upon his heart. If he died with that blow, the stoning was finished. But if not, he was stoned by all Israel, as is said, "The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people."(397) "All who were stoned were hung up." The words of Rabbi Eliezer. But the Sages say, "none were hung up, save the blasphemer and the idolater." "The man is to be hung with his face toward the people, but the woman with her face toward the wood." The words of Rabbi Eliezer. But the Sages say, "the man was hung up, but they do not hang up a woman." Rabbi Eleazar said to them, "and did not Simon, the son of Shatach, hang women in Askalon?" They said to him, "he hung up eighty women (witches), and two could not be judged, in one day." "How did they hang him?" "They sunk a beam in the ground, and a traverse beam proceeded from it, and they bound his hands, one over the other, and hung him up" (by them). R. Jose said, "the beam was inclined against the wall, and he was hung upon it, just as the butchers do." And they loosed him immediately afterward. "But if he was out all night?" "It was a transgression of a negative command, as is said, 'His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day (for he that is hanged is accursed of God),' "(398) etc. As one says, "wherefore is this one hung?" "Because he blasphemed the NAME, and it follows that the heavenly NAME is profaned."
5. Rabbi Meier said, "when man is sorrowful,(399) what language does the Shekinah(400) make him to utter?" If it be lawful so to speak, "my head makes me ashamed, my arm makes me ashamed." If, to speak after the manner of men, OMNIPRESENCE is sorrowful, when the blood of the wicked is poured out, how much more sorrowful is He for the blood of the righteous? And not in the case of the condemned alone, but everyone who leaves his dead overnight, is a transgressor of a negative command. If they left him for the sake of honor, to bring a coffin and a shroud for him, there is no transgression. But they did not bury him (the condemned) in the sepulchres of his fathers. And there were two burial grounds prepared for the Judgment Hall—one for the stoned and the burned, and one for those beheaded and strangled.
6. When the flesh of the condemned was consumed, they gathered his bones and buried them in their proper place; and his relatives came and asked after the peace of the judges, and the peace of the witnesses, as much as to say, "know there is nothing in our hearts against you, as your judgment was true." And they did not mourn, but were gloomy, since gloominess is only in the heart.
Chapter VII
1. Four punishments were permitted to the supreme court—stoning, burning, beheading, and strangling. R. Simon said, "burning, stoning, strangling, and beheading." The preceding chapter is the order of stoning.
2. The order for those burned was to be sunk in dung to their knees. And men put a hard towel in a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till the condemned opened his mouth. And one lit a wick, and cast it into his mouth, and it went down to his bowels, and it consumed his intestines. R. Judah said, "if he died in their hands, they did not complete in him the order of burning; only they opened his mouth with tongs against his will, and lit the wick, and cast it into his mouth, and it went down to his bowels and consumed his intestines." Said R. Eleazar the son of Zadok, "it happened with the daughter of a priest, who was immoral, that they surrounded her with dry branches and burned her." The Sages replied, "because the court at that time was unskilled."
3. The order of those beheaded was to have their heads struck off with a sword, as is the custom of governments. R. Judah said, "that was an abuse; they only rested his head on a block, and hewed it off with an axe." The Sages replied to him, "no death is a greater abuse than that." The order for those strangled was, that they were sunk down in dung to their knees, and they put a hard towel inside a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till his soul departed.
4. These were stoned; ... a blasphemer, and an idolater, and he who gave his seed to Molech, and one with a familiar spirit,(401) and a wizard, and he who profaned the Sabbath, and he who cursed father or mother, and he who came to a betrothed maid, and an enticer to idolatry, and a withdrawer to idolatry, and a sorcerer, and a son stubborn and rebellious.
5. The blasphemer was not guilty till he expressed the NAME. Said R. Joshua, the son of Korcha, every day they examined the witnesses under a substituted (feigned) name, for example, "Jose shall beat Jose." When the judgment was finished, they could not execute him under the nickname, but they withdrew all men outside, and interrogated the principal witness, and said to him, "tell us clearly what thou hast heard?" and he said it. And the judges stood up on their feet, and rent their garments,(402) and they were never sewn again. And the second witness said, "even I (heard) as he," and the third said, "even I (heard) as he."
6. One committed idolatry, whether he served the idol, or sacrificed to it, or burned incense to it, or made a libation to it, or bowed down to it, or accepted it for his god. And also, he who said to it, "thou art my God." But he who embraced it, and kissed it, and honored it, and dusted it, and washed it, and anointed it, and dressed it, and put shoes on it, transgressed a negative command. He who vowed in its name, and performed the vow in its name, transgressed a negative command. "He exposed himself to Baal peor?" "That is positive service." "He cast a stone to Mercury?" "That is positive service."
7. He who gave his seed to Molech(403) is not guilty till he hand it to Molech, and pass it through the fire. "If he hand it to Molech, and do not pass it through the fire, (or if) he passed it through the fire, and did not hand it to Molech?" "He is not guilty till he hand it to Molech, and pass it through the fire." One has a familiar spirit, when the Python speaks from his arm. But the wizard speaks with his mouth. These are to be stoned, and inquiry from them is forbidden.
8. He who profaned the Sabbath by aught which renders him guilty of presumption is to be cut off;(404) but if he profaned the Sabbath in error, a sin-offering (is required) from him. He who cursed father or mother is not guilty till he curse them by the NAME. "If he curse them with a substituted name of God?" R. Meier pronounces him "guilty"; but the Sages "free him."
9. "If one came to a betrothed maid?" "He is not guilty, except she be a virgin, and betrothed, and in the house of her father." "If two came to her?" "The first is to be stoned and the second strangled."
10. "The enticer to idolatry?" "This ordinary man enticed an ordinary man; he said to him, 'there is an object of fear in such a place, so it eats, so it drinks, so it does good, so it does evil.' " Of all who are guilty of death in the law, we are not to set witnesses in concealment to convict them, except in this case of an enticer to idolatry. When he has spoken of his idolatry to two persons, they as witnesses bring him to the judgment-hall, and stone him. If he spoke thus to one, this one replies, "I have companions who desire to hear so and so." "If he be cunning, and he does not speak before them?" "Witnesses are concealed behind a wall, and he says to the idolater, 'tell me what thou saidst to me alone,' and the idolater told him. And he replied to him, 'how can we leave our God, who is in heaven, and go and serve wood and stone?' " "If the idolater returned from his sin, it is well; but if he said, 'so is our duty, and so it is excellent for us,' they who stood behind the wall bring him to the judgment-hall, and stone him; if he said, 'I shall serve, I shall go and serve, let us go and serve; I will sacrifice, I will go and sacrifice, let us go and sacrifice; I will burn incense, I will go and burn incense, let us go and burn incense; I will pour a libation, I will go and pour a libation, let us go and pour a libation; I will bow down, I will go and bow down, let us go and bow down'—the withdrawer is he who says, 'let us go and serve idols.' "
11. The sorcerer, who has done the act, is guilty of death, but he is not guilty who merely deludes the eyes. R. Akiba said in the name of R. Joshua, "two sorcerers can gather cucumbers—one gathers them and is free, but another gathers them and is guilty. He who has performed the act is guilty. He who has merely deluded the eyes is free."
Chapter VIII
1. A son stubborn and rebellious.(405) "From what time is he decidedly a son stubborn and rebellious?" "From the time the two hairs have come, and up to the time the beard has sprouted; but the Sages spoke in modest language. As is usually said, when a man has a son—a son, but not a daughter; a son, but not a man; a child as yet free from coming under the rule of the commandments."
2. "From what time is he guilty?" "From the time he ate three-quarters of a pound of flesh, and drank half a log of Italian wine." R. Jose said, "a pound of flesh and a log of wine." "He ate it in an appointed feast; he ate it in the intercalary month; he ate it during the second tithes in Jerusalem; he ate of a carcass and of things torn, abominable things and creeping things; he ate of that which had not paid tithes, and the first tithes before the heave-offering was separated from them and the second tithes and holy things which were not redeemed; he ate of a thing which is commanded, and of a thing which is a transgression; he ate every kind of meat, but he did not eat flesh; he drank every kind of fluid, but he did not drink wine?" "He is not a son stubborn and rebellious till he eat flesh and drink wine," as is said, "A glutton and a drunkard";(406) and even though there is no conclusive evidence, there is a memorial to the matter, as is said, "Be not among winebibbers; among riotous eaters of flesh."(407)
3. "If he steal it from his father, and eat it (with permission) on the property of his father; from others, and eat it on the property of others; from others, and eat it on the property of his father?" "He is not a son stubborn and rebellious till he steal it from his father and eat it on the property of others." R. Jose, the son of R. Judah, said, "till he steal it from his father and from his mother."
4. "If his father desires (his punishment), and his mother does not desire it; his father does not desire it, and his mother does desire it?" "He is not declared a son stubborn and rebellious until both of them desire it." R. Judah said, "if his mother was not suitable for his father, he is not declared a son stubborn and rebellious." "One of them was broken-handed, or lame, or dumb, or blind, or deaf?" "He is not declared a son stubborn and rebellious," as is said, " 'Then shall his father and his mother lay hold on him,'(408) which is impossible if they be broken-handed; 'and bring him out,' which is impossible if they be lame; 'and they shall say,' which is impossible if they be dumb; 'this our son,' which is impossible if they be blind; 'he will not obey our voice,' which is impossible if they be deaf. They must warn him before three judges, and then flog him." "He returned to his bad habits?" "He is to be judged before twenty-three judges, but he is not to be stoned till the three first (judges) are present, as is said, 'this our son' who was flogged before you." "He ran away before his judgment was finished, and afterward came to puberty?" "He is free." "But if he ran away after the decision and then came to puberty?" "He is guilty."
5. A son stubborn and rebellious is judged for the sake of his future prospects. The law says, "better die when he is innocent, and not die when he is guilty." The death of the wicked is pleasant for them, and pleasant for the world; but the death of the righteous is evil for them, and evil for the world. Wine and sleep are pleasant to the wicked, and pleasant to the world; but for the righteous, it is evil for them, and evil for the world. Separation for the wicked is pleasant for them, and pleasant for the world; but for the righteous, it is evil for them, and evil for the world. Union for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world. Rest for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.
6. If one engaged in burglary, he is judged for the sake of his future prospects. "He engaged in burglary and broke a barrel?" "If the owner might not kill him, he must pay for the barrel; but if the owner might kill him, he is freed from paying for the barrel."
7. These are they who are rescued(409) with their souls—he who pursued after his companion to kill him, and one after a betrothed girl. But one about to profane the Sabbath, and one about to serve idols, such cannot be saved with their souls.(410)
Chapter IX
1. And these are to be beheaded. The murderer and the men of a city withdrawn to idolatry. "The murderer who smote his neighbor with a stone or iron, and he pressed him down in the midst of the water, or in the midst of fire, and he could not come out from thence, and he died?" "He is guilty." "He pushed him into the midst of water, or into the midst of fire, and he could come out, but he died?" "He is free." "He encouraged a dog against him, he encouraged a serpent against him?" "He is free." "He caused a serpent to bite him?" Rabbi Judah declared him "guilty," but the Sages "freed him." "He smote his companion either with a stone or his fist, and he was counted for dead, and he became lighter, and afterward became heavier, and died?" "He is guilty." R. Nehemiah said, "he is free, because there are extenuating circumstances in the matter."
2. "His intention was to kill a beast, and he killed a man—a foreigner, and he killed an Israelite—a premature birth, and he killed a timely child?" "He is free." "His intention was to smite his loins, and there was not sufficient force in the blow to cause death in his loins, and it passed to his heart, and there was sufficient force in the blow to cause death in his heart, and he died?" "He is free." "His intention was to smite him on his heart, and there was sufficient force in the blow to cause death on his heart, and it passed on to his loins, and there was not sufficient force in the blow to cause death on his loins, but he died?" "He is free." "His intention was to smite an adult, and there was not sufficient force in the blow to cause death to an adult, and it passed off to a child, and there was sufficient force to kill the child, and he died?" "He is free." "His intention was to smite a child, and there was sufficient force in the blow to cause death to a child, and it passed to an adult, and there was not sufficient force to cause death to the adult, but he died?" "He is free." "But his intention was to smite him on his loins, and there was sufficient force in the blow to cause death on his loins, and it passed to his heart, and he died?" "He is guilty." "His intention was to smite an adult, and there was sufficient force in the blow to cause the death of the adult, and it passed to a child, and he died?" "He is guilty." R. Simon said, "even if his intention be to kill this one, and he killed that one, he is free." |
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