MISHNAH: Within three days before Gentile holidays one is forbidden to trade with them, to lend them and to borrow from them, to give them loans and to ask them for loans, to pay debts to them and to accept payment from them¹. Rebbi Jehudah says, one may accept payment from them because this hurts him. They told him, even though it hurts him now he will enjoy it later². Rebbi Ismael says, three days before and three days afterwards are forbidden but the Sages say, before their holidays it is forbidden, after their holidays it is permitted.

footnotes: ¹ It is forbidden to buy from an idolator or repay one’s debt because this provides him with money for his idolatrous celebration. It is forbidden to sell to him because he will buy things for his celebration. One may not lend him vessels or animals for he will use them for his celebration. One may not borrow from him because this will make him feel important. ² The feeling that he got rid of his debts will make his idolatrous celebration more happy.

HALAKHAH: “Within three days before Gentile holidays,” etc. Rebbi Ḥama bar Uqba understood all from here: Bring your sacrifices in the morning, on the third day your tithes³. 4:4, speaking of the sinful service of the Golden Calf of Beth El.. Rebbi Yose said to him, if it were so, even in the diasporas. But it was stated⁴, Nahum the Mede said, in the diasporas one day is forbidden. What about this? There, they checked and found that they supplied their needs in one day and forbade them one day. But here⁵ they checked and found that they cover their needs in three days and forbade them three days.

footnotes: ³ Am ⁴ Babli 7b, slightly differently Tosephta 1:1. ⁵ In Palestine. The expression גָּלִיּוֹת usually means Babylonia; the plural does not imply that any of these restrictions were followed in Egypt or other parts of the Roman Empire.

How does Rebbi Yose uphold this verse, bring your sacrifices in the morning, etc⁶§542.? The verse speaks about Jeroboam’s kingdom. When Jeroboam became king over Israel he started seducing Israel and said to them come, let us worship pagan worship. Pagan worship is lenient. This is what is written, let us go against Jehudah, cut it down, break it up, and appoint a king in it, the man from Ṭabeal⁷. 7:6. The tradition that Ṭabeal is a place rather than a personal name was accepted by the Medieval commentators of Prophets. According to Rashi the name is coded; one has to replace letter nby n+/-11; then טבאל becomes רַמְלֵא, a city founded after the Arab conquest.. Rebbi Abba said, we checked all of Scripture but did not find a place named Ṭabeal. But it treats its worshippers well. The Torah said, selected him from all of the tribes of Israel to be a priest for Me⁸. 2:28.. Pagan worship says, he made priests from the fringes of the people⁹. 12:31; quoted in the Babli, Qiddušin75b, in the name of R. Joḥanan.. Rebbi La said, from the thorns of the people, the rubbish of the people. The Torah said, the fat of My sacrifice shall not remain until the morning¹⁰. 23:28.; but pagan worship said, bring your sacrifices in the morning³. 4:4, speaking of the sinful service of the Golden Calf of Beth El.. The Torah said, it should be eaten on the day of its slaughter and the next day¹¹. 19:6.; but pagan worship said, on the third day your tithes³. 4:4, speaking of the sinful service of the Golden Calf of Beth El.. The Torah said, do not sacrifice the blood of My sacrifice on leavened matter¹⁰. 23:28.; but pagan worship said, and burn your thanksgiving offer of leavened matter³. 4:4, speaking of the sinful service of the Golden Calf of Beth El.. The Torah said, if you are vowing a vow to the Eternal, your God, do not tarry to fulfill it¹². 23:22., but pagan worship said, pledge gifts, publicize them¹. 4:4, speaking of the sinful service of the Golden Calf of Beth El.¹³. Rebbi Yudan, Rebbi Mattaniah’s father, said, the verse only serves to mention the shame of Israel. The day of our king, the princes are sick from wine’s heat, he draws the mockers by his hand¹⁴. 4:5.. On the day when Jeroboam became king over Israel, all of Israel came to him late in the evening and told him, come and worship pagan worship. He told them, it is late in the evening; I am drunk and not drunk¹⁵. Everybody is drinking; but if you wish, go and come in the morning. That is what is written, *for their heart is like an oven while they are lying in ambush; all night long their baker is sleeping.*¹⁶. 4:6. All night long their baker did not sleep. In the morning he is burning like fire of a conflagration¹⁶. 4:6.. In the morning they came to him. He told them, I do understand what you want but I am afraid of your Synhedrion lest they kill me. They told him, we shall kill them; this is what is written, that all are glowing like an oven and eat their judges¹⁷4:7. All of Talmudic literature assumes that the legal system imagined for late Hasmonean rule was that of the Davidic kingdom.. Rebbi Levi said, they killed them, as is written, if a corpse is found¹⁸. 21:1. This sermon derives הֶחֱלוּ in Hos. 4:5 not from חלה “to be sick” but from חלל “to be perforated”.. Rebbi La said, they deposed them; The day of our king, the princes are profaned from wine’s heat². 4:5.¹⁹. 4:5 from חול “to be profane”.; the day when princes were profaned. From wine’s heat, they were addicted to wine. He draws the mockers by his hand: When he saw a serious person he placed two scoffers next to him who asked him, which generation was preferred over all generations? He told them, the generation of the Exodus. But did they not practice pagan worship? He answered them, because they were beloved they were not punished. But they told him, be quiet for the king wants to do the same. Not only that, but they made one and this one made two. He put the one up at Bethel; the other he gave to Dan²⁰.

footnotes: ⁶ Since for him the Mishnah has no biblical basis; the cessation of commerce with idolators either is rabbinic or an old popular custom. The entire sermon is reproduced in Yalqut Šim`oni Prophets ⁷ Is ⁸ 1S ⁹ 1K ¹⁰ Ex ³ Am ¹¹ Lev ³ Am ¹⁰ Ex ³ Am ¹² Deut ¹ Am ¹³ But it is not necessary to fulfill one’s pledge. The reason of the Northern Kingdom’s apostasy is traced to the cost and onerous rules of Torah practice. ¹⁴ Hos ¹⁵ He claimed that his mental faculties were slightly impaired. ¹⁶ Hos ¹⁶ Hos ¹⁷ Hos. ¹⁸ Deut ² Hos ¹⁹ Deriving הֶחֱלוּ in Hos ²⁰ 1K. 12:29.

The haughtiness of Jeroboam damned him absolutely²¹11:2 as having no part in the Future World who is not rehabilitated in the Yerushalmi Halakhah. The following argument is reproduced in Babli Sanhedrin101b.. Rebbi Yose ben Jacob said, Jeroboam became king at the end of a Sabbatical year. This refers to what is written²². 31:11., at the end of seven years, at the time of the Sabbatical year, on the festival of Tabernacles, when all of Israel comes to appear before the Eternal, your God, at the place which He shall choose, you shall read this Torah in the presence of all of Israel to their ears. He said, if I am asked to read²³6:7). It is presumed that the same was true for the First Temple. There is no provision that two kings could read alternate portions, or if they did, the local king certainly would have precedence. The assertion of the book of Kings that there was a perpetual state of war between the Northern and the Southern kingdoms in the time of Jeroboam (1K. 15:6) is interpreted as a war of words conducted in the House of Study. Another tradition (mentioned frequently but not undisputed) holds that nobody is allowed to sit in the Temple but a Davidic king (Pesaḥim5:10, Yoma3:2, Soṭah7:7; Babli Sanhedrin101b, Soṭah40a,41a, Yoma25a, Qiddušin78a, Tamid27a). If Yeroboam would have to stand while Rehabeam was sitting, an impossible situation would be created., I have to stand. They will say, the local king has precedence. But if I am reading as second, it is a shame for me. If I do not read, it is a disgrace for me. And if I let them go²⁴, they will ascend and desert me. They will go to Rehabeam, Solomon’s son. This is what is written²⁵. 12:26.: If this people would go up to sacrifice in the Temple in Jerusalem will this people’s heart return to their master, to Rehabeam. What did he do? He made two golden calves and wrote on their hearts, “they will kill you.” He said, any king who will succeed me will look at them²⁶. Rebbi Ḥuna said, companions of ingenious conjurations²⁷. 58:6.. Anybody who joined with him he will make a coconspirator²⁸. Rebbi Ḥuna said, a slaughtering place deepened by seducers²⁹. 5:2., for he deepened in crime. He said, anybody, I shall kill anybody who makes this public³⁰.

footnotes: ²¹ Jeroboam is the only person of those mentioned in Mishnah Sanhedrin ²² Deut ²³ By tradition, on this occasion it is the king who has to read selected portions (Mishnah Sotah ²⁴ Letting the people go to Jerusalem while he remains at Sichem would emphasize the legitimacy of Rehabeam’s rule. ²⁵ 1K ²⁶ The king would see the words engraved on the calves and understand that their purpose was to prevent people from observing the assembly in Jerusalem which would undermine his rule. ²⁷ Ps ²⁸ Correctly reading the first חבר in the verse from the root meaning “to connect” but the second from the homonym meaning “to conjure, to practice sorcery.” Since all kings of Israel adopted his institution of official worship at Bethel as long as that place existed, they became his co-conspirators. ²⁹ Hos ³⁰ The reason for the worship of the calves was never made public. Therefore, the sin was the king’s only.

Rebbi Abin bar Cahana said, we find that Jeroboam also invented Sabbaths and holidays. That is what is written³¹. 12:32–33.: Jeroboam made the holiday in the eighth month, on the fifteenth of the month, like the holiday in Jehudah, and went on the altar; so did he at Bethel to sacrifice … in the month which he invented. “In addition to” is written³² is מִלִּיבּוּ “by his invention”; the Ketib is מִלְּבַד “in addition” (or “except”). This is read to mean that in addition to the holiday month which he invented, he invented something else. By comparing the expression used in Lev. 23:38, the “else” is found to be the Sabbath, justifying R. Abin bar Cahana’s statement. (Cf. Num. r. 21:23.), as you say, in addition to the Sabbaths of the Eternal.

footnotes: ³¹ 1K ³² The Qere

It was stated³³: If one transgressed and traded with him, it is permitted. Rebbi Jacob bar Aḥa, Rebbi Yose, in the name of Rebbi Joḥanan: Even on his holiday³⁴. It was stated so:³⁵. אסור. When was this said? About a Gentile whom he does not know. But with a Gentile of his acquaintance it is permitted since he is flattering him. It was stated: If one enters a town and finds them celebrating, he celebrates with them because he only is flattering them.

footnotes: ³³ Babli 6b. While trade is forbidden, the proceeds of an illegal trade are not. ³⁴ Disputed by the Babli 6b, Tosephta 1:9. ³⁵ Quoted in Tosaphot 2a, s.v

A ducenarius³⁶(2’000 gold denarii), if a soldier, a commander of 200 men. honored Rebbi Jehudah the Prince³⁷ with a plate full of denarii. He took one of them and sent the remainder to him. He asked Rebbi Simeon ben Laqish who said, he shall bring the value to the Dead Sea³⁸. But was he not an acquaintance and it was in the past? Rebbi Abbahu said, did not Rabban Gamliel ben Rebbi asked me, may one go to a fair³⁹, and I forbade it to him, although it was stated⁴⁰: “one goes to fairs and buys there male and female slaves.” Rebbi Simeon ben Laqish said, not only Jewish slaves⁴¹ but even Gentiles, because he brings them under the wings of the Shekhina⁴². What about this? Rabban Gamliel was a minor personality and Rebbi Abbahu desired to confine him⁴³. But Rebbi Judan the Prince was an important person and Rebbi Simeon ben Laqish wanted to limit the matter⁴⁴.

footnotes: ³⁶ Latin, “referring to 200”. If this describes an administrator, the reference is to an official such a prefect, procurator, receiving a salary of 200 sestertia ³⁷ The grandson of Rebbi. ³⁸ “Bringing something to the Dead Sea” means destroying it, since the Dead Sea corrodes and destroys all metal thrown into it. Babli 6b. ³⁹ This refers only to fairs which are in honor of some divinity. There is no limit to visits to government-organized fairs (Tosephta 1:7). ⁴⁰ Tosephta 1:8; Babli 13a. ⁴¹ Circumcised slaves who were property of another Jew. This cannot refer to Jews sold as slaves since it is very meritorious to redeem Jews from slavery and does not need special permission. ⁴² The Divine Presence. Since the slave becomes a semi-Jew, in the words of the Babli (13b) buying Gentile slaves “diminishes the number of idolators in the world.” ⁴³ R. Abbahu did not want to abrogate the general permission for a meritorious intent to visit fairs dedicated to pagan divinities; he only thought that a public personality who probably would be unable to define the limits between per- mitted and forbidden intent should not give a bad example to the people. ⁴⁴ While trade is permitted, accepting gifts distributed by a pagan on his holiday essentially is forbidden even though the gift should be accepted to improve intercommunal peace.

One understands “to lend;” “to borrow” from them? Because he increases his reputation. One understands “to give them loans;” “to ask them for loans”? Because he increases his reputation. One understands “to pay debts to them;” “to accept payment from them”? That he should not say, his pagan worship had helped him⁴⁵. Rebbi Abba bar Tevelai in the name of Rav: If it was a loan in danger of being lost it is permitted. It was stated thus: A loan in danger of being lost, by witnesses. A loan not in danger of being lost, by document⁴⁶102a.. Even a loan by document is in danger of being lost, for not at all times does a person succeed in liquidating his debt⁴⁷ ולפרוע.. How is this? A loan not in danger of being lost, by pledge. A loan in danger of being lost, not by pledge. It was found following the former [opinion]: A loan in danger of being lost, by witnesses. A loan not in danger of being lost, by document.

footnotes: ⁴⁵ Babli 6b. ⁴⁶ Babli Bava qamma ⁴⁷ Quoted in Tosaphot 2a, s.v.

There, we have stated⁴⁸1:5 (in the Mishnah editions, 1:7.) Babli Mo`ed qaṭan9b.: “Rebbi Jehudah says, a woman should not apply lime because it disfigures her⁴⁹ but since the Babli consistently has ניוול they must have heard the Galileans pronounce the word with a soft ב (which does not exclude that Galilean בּ also was pronounced v; cf. Berakhot2:4 Note 167.).” Rebbi Ḥanina and Rebbi Mana. One said, they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden⁵⁰. But the other says, they disagreed about lime which she removes after the holiday. But lime which she removes during the holiday is permitted. We did not know who said what. From what R. Ḥanina, Rebbi Yose said in the name of Rebbi Joḥanan, Rebbi Jehudah is consistent. Just as Rebbi Jehudah said there, temporary disfiguration is disfiguration, so he says here⁵¹, temporary pain is pain. This implies that they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden⁵².

footnotes: ⁴⁸ Mishnah Moed qaṭan ⁴⁹ On the semi-holidays which are the intermediate days of the Passover and Tabernacles holidays, one should not do what one can do before the holiday. Therefore one cannot get a haircut on the holidays and men cannot trim their beards. Rebbi Jehudah holds that a woman cannot get a beauty treatment in the form of a face mask of lime which will remove all facial hair and will make her cheeks more red by increased blood circulation. Since his name is attached to this prohibition while the others are stated anonymously it follows that the majority of the Sages hold that a woman can get such a treatment at any time.It would seem that one should write נִיבּוּל as piel ⁵⁰ Even for the Sages. While it is forbidden to marry on a holiday since the joy of holidays should not be mixed with the joy of marriage, a girl certainly can get engaged to be married on a holiday. The beauty treatment described was applied mainly to single girls to make them more marriageable. A treatment which terminates only after the holiday is a misuse of holiday time. ⁵¹ In our Mishnah where he holds that the temporary pain the Gentile feels when repaying his debt is sufficient to wave the prohibition of commerce. ⁵² This therefore is not only R. Ḥanina’s opinion but stated practice.

⁵³ Jewish craftsmen working for a Gentile at that time, in his house it is forbidden, in their houses permitted. Rebbi Simeon ben Eleazar says, when has this been said? When it was cut from the ground, but as long as it is standing on the ground it is forbidden⁵⁴1, 4a l. 58) R. Simeon ben Eleazar holds that a Gentile contractor can work on a Jew’s contract in his house on the Sabbath, but not in the Jew’s house nor if he is paid for his time on the Sabbath.. In another town in any case it is permitted. What means “in any case it is permitted”? Whether cut or standing, whether hired or contracting. Rebbi La said, Whether cut or standing, but only in contracting. Rebbi Simeon ben Karsana in the name of Rebbi Aḥa, concerning Sabbath⁵⁴1, 4a l. 58) R. Simeon ben Eleazar holds that a Gentile contractor can work on a Jew’s contract in his house on the Sabbath, but not in the Jew’s house nor if he is paid for his time on the Sabbath., mourning⁵⁵. According to Nachmanides (Milḥamot Hashem ad Alfasi Moed qaṭan*§1232) it refers to the *baraita* in the Babli *Moed qaṭan26b where R. Simeon ben Eleazar forbids invisible mending of garments torn at the news of the death of a close relative., and pagan worship practice follows Rebbi Simeon ben Eleazar.

footnotes: ⁵³ A similar text in Tosephta 1:3. ⁵⁴ The Jewish agricultural worker cannot harvest for the Gentile’s celebration of his holiday. The Tosephta text reads differently: The Jewish worker cannot work if he is paid by the day but the craftsman who is paid as contractor can do anything he wants in his own house. In a similar statement (Šabbat ⁵⁴ The Jewish agricultural worker cannot harvest for the Gentile’s celebration of his holiday. The Tosephta text reads differently: The Jewish worker cannot work if he is paid by the day but the craftsman who is paid as contractor can do anything he wants in his own house. In a similar statement (Šabbat ⁵⁵ There is no statement of R. Simeon ben Eleazar in the relevant Chapters of Yerushalmi Mo`ed qaṭan

The colleagues say, the reason of Rebbi Ismael is because of the holiday’s son⁵⁶. Rebbi Abba said, because he knows that it is forbidden to you to trade with him, he reduces the enjoyment of his holiday⁵⁷. What is the difference between them? To sell them things which do not keep. In the opinion of the colleagues it is forbidden. In the opinion of Rebbi Abba it is allowed⁵⁸) one may sell perishable items on that day since the Gentile could not have bought them before and their availability will not influence the Gentile’s behavior on his holiday.. Rebbi Yudan said, a verse supports what the colleagues said. On the twenty-fourth day of the seventh month the sons of Israel assembled in fasting, and crying, and in sackcloth, and dirt on them⁵⁹. 9:1. Words not appearing in MT are underlined.. Why does it not say, on the twenty-third? Because of the holiday’s son. If you want to say because that was on a Sabbath, you cannot do this, because then the Great Fast would have been on a Sunday⁶⁰19b s. v. מימות; one must assume that the author was ignorant of this paragraph in the Yerushalmi.). And what about this? Does not Rebbi Onias make light of him who would move it from its place61? Rebbi Joḥanan ben Madia said, I computed it and it was not on a Sabbath.

footnotes: ⁵⁶ The day after the holiday which in Jewish custom is a day where mourning and fasting are forbidden. It is presumed that Gentiles follow a similar custom. ⁵⁷ This assumes that Jews are dominant in trade. If the Gentile cannot replenish his stock after the holiday, he will use it sparingly and thereby refrain from any exuberant celebration. ⁵⁸ In the opinion of the colleagues all commerce is forbidden on the day following a holiday. In the opinion of R. Abba (in the Babli 6b R. Simeon ben Laqish supported by a baraita ⁵⁹ Neh ⁶⁰ In the Seventh month, the first is New Year’s Day, the tenth is the Day of Atonement, and days 15–22 are Tabernacles. Nehemiah refrained from calling a fast day on the day after the holiday; this dates the observance of the “holiday’s son” at least to Nehemiah, unless it was impossible to call a fast day because the 23rd was a Sabbath. But then the 15th and the 1st would have been Fridays and the day of Atonement a Sunday. Since it is assumed that Nehemiah followed rabbinic rules one also assumes that as head of the rabbinic establishment of his time he would have manipulated the calendar to avoid this situation when one could not cook for a big meal before the fast (as the rabbinic calendar also is manipulated to avoid the fast on a Friday when one could not cook for breaking the fast.) (A similar argument is rejected by Tosafot in Roš Haššanah

MISHNAH: The following are the holidays of the Gentiles: Calendae⁶², Saturnalia⁶³, and Cratesis⁶⁴, and the king’s birthday⁶⁵, and birthday⁶⁶, and the day of death⁶⁷, the words of Rebbi Meïr. But the Sages say, any death for which there is burning⁶⁸ is idolatrous; if there is no burning it is not idolatrous.

footnotes: ⁶² The first day of the month; used here only for the first day of the year, the first of January. ⁶³ The year-end licentious festivities in Rome. ⁶⁴ Greek κράτησις, “might, power, accession to Empire”. Observed on the first of August, the day of capture of Alexandria by Augustus. ⁶⁵ This is the Yerushalmi explanation. In the Babli, the day of accession. ⁶⁶ Personal holidays of private persons. ⁶⁷ Of ancestors. ⁶⁸ Burning the personal belongings of the deceased.

HALAKHAH: “The following are the holidays of the Gentiles,” etc. ⁶⁹8:7, Notes 157–160. Rav said ‘edehen and Samuel said edehen*. He who said ‘*edehen,* *they are their witnesses*⁷⁰44:9.. He who said *edehen, for the day of their misfortune is near⁷¹. 32:35.. Rav said meabberim,* and Samuel said *me‘abberin*⁷². He who said *meabberin, one adds a limb to it. He who said me‘abberin, like a pregnant woman. Rav said yeutu*, and Samuel said, *ye‘utu*⁷³*.* He who said *yeutu, but with this we shall be agreeable to you⁷⁴. 34:15.. He who said ye‘utu, to know, to inform the weary of wisdom⁷⁵. 50:4..

footnotes: ⁶⁹ A reformulated parallel is in Berakhot ⁷⁰ Is. ⁷¹ Deut ⁷² The technical term for intercalation in the calendar, adding a month. ⁷³ The condition for a benediction over fire at the end of the Sabbath is that one have use of it. ⁷⁴ Gen ⁷⁵ Is

⁷⁶ Rav said, Adam, the first man, instituted Calendas. When he saw that the night was getting longer, he said, woe to me, maybe this is what is written for, he shall smite your head, you will sneak to his heel⁷⁷3:15., maybe it will come to bite me. I said, but darkness will smite me⁷⁸139.11. Psalm 139, ascribed in the book of Psalms to David, is in aggadic tradition at least partially ascribed to Adam (cf. Midrash Tehillim, Ps. 139, the suthor’s The Scholar’s Haggadah p. 220).. When he saw that days were getting longer, he said calendas, καλόνdies⁷⁹“day”, nominative) perhaps to indicate the popular language of the unlettered.. This follows him who said that the world was created in Tishre⁸⁰27a and the author’s Seder Olam(Northvale NJ 1998) pp. 47–48 (Note 3).. But following him who said that the world was created in Nisan, he would have known. Rebbi Yose ben Rebbi Abun said, who thinks that the world was created in Tishre? Rav! As we have stated in the composition for shofar blowing from the House of Rav⁸¹ prayer on New Year’s Day. The sentence is found in the middle section.: “This is the day of the beginning of Your works, a remembrance of the first day.” This implies that the world was created on New Year’s Day.

footnotes: ⁷⁶ Babli 8a. ⁷⁷ Gen. ⁷⁸ Ps. ⁷⁹ “A beautiful day,” mixed Greek (καλόν “beautiful”, accusative) and Latin (dies ⁸⁰ This is the opinion of R. Eliezer. R. Joshua holds that the world was created on the 15th of Nisan. Cf. Babli Roš Haššanah ⁸¹ Rav’s composition for the extended musaf

Rebbi Joḥanan does not say so, but the empire of Egypt and the empire of Rome were fighting with one another. They said, how long are we killing one another in this war⁸²? Let us institute the rule that the empire should be preeminent which will tell its army commander, fall on your sword, and he will obey. The Egyptian did not obey. In Rome there was an old man by the name of Januarius who had twelve sons. They told him, if you obey us we shall make your sons dukes⁸³, pl. duces., eparchoi⁸⁴, and generals⁸⁵. He listened to them. Therefore, it is called Calendae Januarii. The next day they mourn him, a black day⁸⁶, a black (unlucky) day. Dies postridiani, following calendae, ides, or nonae, were considered inauspicious.. Rebbi Yudan from Antodra⁸⁷4:1 Note 72. said, if one sows lentils¹63(19). on that day, they will not succeed.

footnotes: ⁸² Greek πόλεμος. ⁸³ Latin dux ⁸⁴ Greek ἔπαρχος “governor, prefect.” ⁸⁵ Greek στρατηλάτης. ⁸⁶ Greek μέλαινα ἡμέρα, translation of Latin dies ater ⁸⁷ Or Antondra, Antorda; cf. Berakhot ¹ A symbol of mourning, Gen. rabba

Rav said, Calendae are forbidden for everybody⁸⁸. Rebbi Joḥanan said, it is forbidden only for those worshipping on them. Saturnalia are forbidden for everybody⁸⁹. Rebbi Joḥanan said, both Calendae and Saturnalia are forbidden only for those worshipping on them. The colleagues asked: are wives of worshippers like worshippers? Rebbi Abbahu asked: is the parade⁹⁰ of Caesarea like worship, since it is full of Samaritans? The parade of Duqim¹ is questionable. Rebbi Ze‘ira sent Rebbi Bevai that he should buy him a small web from the Saturnalia of Bet-Shean. He came to Rebbi Yose⁹¹. He thought that he would instruct him following Rebbi Joshua ben Levi who permitted it. But he instructed him following Rebbi Joḥanan that it was forbidden⁹². Rav said, Calends are eight days before the solstice, Saturnalia eight days after the solstice⁹³. Rebbi Joḥanan said, prwqṭw is the head of the turning point⁹⁴ for procto, meaning that when the sun is standing over the tropic this is the time of the solstice. It is difficult to accept a double metathesis, and the sun being over one of the tropics is not a beginning of the solstice; it is the solstice. Also תְּקוּפָה “turning point” denotes any one of the four cardinal points of the ecliptic, both solstices and both equinoxes. S. Krauss is correct in rejecting Musaphia’s explanation but his own, by a non-existing Greek word, is no better. Cf. Latin procitat“it drew near”, said e. g. of the orbits of two stars. The earth is nearest to the sun at the summer solstice (E. G.). One would vocalize פְּרוֹקִטוֹ..

footnotes: ⁸⁸ In the Babli, 8a, the opinions attributed here to the Babylonian Rav are quoted in the name of the Galilean R. Joshua ben Levi. ⁸⁹ This also is opinion of Rav/R. Joshua ben Levi. ⁹⁰ This seems to have been a military parade which may have involved the display of the legion’s eagles, considered an idolatrous practice. The participation of Samaritans may have removed the pagan aspect. ¹ An unidentified place. ⁹¹ One has to read Yasa (Assi), the teacher of R. Ze‘ira, not Yose, his student’s student. ⁹² Clearly, one has to switch “permitted” and “forbidden” since the preceding (and Note 88) shows that R. Joshua ben Levi forbade what R. Joḥanan allowed. ⁹³ Here “before” and “after” have to be switched; the statement is correct in the Babli, 8a. The Calends of January are 9 to 10 days after the winter solstice. ⁹⁴ The dictionaries follow Musaphia in reading tropic

Rebbi Abba in the name of Rav: There are three times⁹⁵ in Babylonia, three times in Media. Three times in Babylonia, מהורי וכנוני וכוונתה⁹⁶, Arabic مهرجان, a fall festival. In Responsen der Geonim(Harkavy), Berlin 1887, No. 46 (p. 22) the Gaon describes this as the solstices, still celebrated as a holiday in his time. Also in מהורי one recognizes the root mehr“Mithra”, the sun-god. In כנוני one recognizes kanun, the Accadic and Syriac name of the Month of Ṭevet(or Kislev and Ṭevet) which leads one also to identify the day as connected to the winter solstice. In the Babli (11b) the readings are for Persian festivals מוטרדי וטוריסקי מוהרנקי ומוהרין, ms. readings מוטירדי וטירייסקי מוהרסנקי ומוהרין, מוטרדי ומורייסקי מוהרקני ומוחרנן, for the Babylonians מוהרנקי ואקניתי׳ בחנוני ועשר באדר, מוהרנקי ואקניתיה ,ואקניית׳ במני ואסר באדר בחנוני ועשרים באדר. In the ms. readings the first series is from the Munich ms. (Diqduqe Soferim), the second from the NY ms. published by Shraga Abramson (New York 1957). The readings do not help much but it is clear that on base of the next sentence in the Yerushalmi in the list of Babylonian festivals one must read with the NY ms. “20 Adar” as Median New Year’s Day. (In his Notes, p. 150a, Abramson incorrectly reads “10 Adar” with the other Babli sources.). Three in Media, ⁹⁶, Arabic مهرجان, a fall festival. In Responsen der Geonim(Harkavy), Berlin 1887, No. 46 (p. 22) the Gaon describes this as the solstices, still celebrated as a holiday in his time. Also in מהורי one recognizes the root mehr“Mithra”, the sun-god. In כנוני one recognizes kanun, the Accadic and Syriac name of the Month of Ṭevet(or Kislev and Ṭevet) which leads one also to identify the day as connected to the winter solstice. In the Babli (11b) the readings are for Persian festivals מוטרדי וטוריסקי מוהרנקי ומוהרין, ms. readings מוטירדי וטירייסקי מוהרסנקי ומוהרין, מוטרדי ומורייסקי מוהרקני ומוחרנן, for the Babylonians מוהרנקי ואקניתי׳ בחנוני ועשר באדר, מוהרנקי ואקניתיה ,ואקניית׳ במני ואסר באדר בחנוני ועשרים באדר. In the ms. readings the first series is from the Munich ms. (Diqduqe Soferim), the second from the NY ms. published by Shraga Abramson (New York 1957). The readings do not help much but it is clear that on base of the next sentence in the Yerushalmi in the list of Babylonian festivals one must read with the NY ms. “20 Adar” as Median New Year’s Day. (In his Notes, p. 150a, Abramson incorrectly reads “10 Adar” with the other Babli sources.)נוסרדי ותירייסקי ומהירקנה. Rebbi Huna in the name of Rab Naḥman bar Jacob: New Year’s Day⁹⁷ is on the second of March in Persia, on the 20th of March in Media.

footnotes: ⁹⁵ Where one has to observe the Mishnah’s restrictions on commerce with Gentiles. ⁹⁶ These days have not been identified except for מהירקנה which is mehragan ⁹⁶ These days have not been identified except for מהירקנה which is mehragan ⁹⁷ Persian نوروز. “Adar” here has the meaning of “March” as in the Syrian Christian calendar. Today’s Persian New Year is what is characterized here as Median.

“Saturnalia,” “hidden hatred; hating, taking revenge, preserving [hatred].⁹⁸” This is what you say, Esau hated Jacob⁹⁹. 27:41.. Rebbi Isaac ben Rebbi Eleazar said, in Rome they call it “senate of Esau¹⁰⁰66(7) there is a different, more intelligible version: Esau hated Jacob; R. Eleazar ben R. Yose said, he was his steward (סַנְטֻרוי) but became hating, taking revenge, preserving [hatred]; for this one calls the Senators (סֶנָטֹרוי) of Rome. For סנטר saltuarius cf. Bava mesi‘a5:7 Note 138..”

footnotes: ⁹⁸ A proposed Hebrew etymology of “Saturnalia.” ⁹⁹ Gen ¹⁰⁰ In Gen. rabba

“Cratesis.” The day when Rome took hold of the Empire. Was this not stated already¹⁰¹? Rebbi Yose ben Rebbi Abun said, for the second time¹⁰². Rebbi Levi said, on the day when Solomon married the daughter of Pharao Necho, the king of Egypt, Michael descended and put a stick into the Sea which attracted debris and formed a forest; that is the great fortification in Rome. On the day when Jeroboam put up two golden calves, Remus and Romulus built two sheds in Rome. On the day Eliahu disappeared a king was installed at Rome; a king, there is no king appointed in Edom¹⁰³. 22:48. The verse is quoted in incomplete form; in the biblical text נִצָּב is not a verb but a noun: There was no king in Edom; a governor was king. A shortened version is found in the Babli, Sanhedrin21b..

footnotes: ¹⁰¹ In the second interpretation of Calendae. ¹⁰² When Augustus became Emperor to end the civil wars. ¹⁰³ 1K

“The king’s birthday.” It was on the third day, Pharao’s birthday¹⁰⁴. 40:20..

footnotes: ¹⁰⁴ Gen

“Birthday, and the day of death.” The preceding was for the public, from here on private. But it is written¹34:5. Since God promises Sedekia that one will burn things at his funeral, the practice cannot be prohibited.: You shall die in peace, and what was burned for your earlier forefathers … So is the Mishnah: “Any death where there is smoke and burning¹⁰⁵ is idolatrous; if there is not smoke and burning it is not idolatrous.

footnotes: ¹ Jer. ¹⁰⁵ One burns not only the deceased’s utensils but adds some fuel which creates thick smoke. This is superstitious or idolatrous. The Babli, 11a, accepts burning as practice only for kings and Patriarchs, not for commoners.

MISHNAH: The day of the first shaving of his beard and his locks¹ §29-8, where a golden box with the shavings of the master’s first beard stands in a niche with the lares and a statue of Venus.) According to Ravad [Commentary to Sifra Ahare Pereq 13(9)] this is the sacrifice of locks that one grows for a year or two and then cuts as a religious rite., the day he arrived from a trip at sea¹⁰⁶, the day he was freed from jail, or a Gentile wedding feast for his son, are forbidden only on the day itself and for this man.

footnotes: ¹ The religious shaving of the first beard is known from Roman sources (Petronius, Satyricon ¹⁰⁶ Which always involved mortal danger.

HALAKHAH: “The day of the first shaving of his beard,” etc. What means “only on the day itself”; maybe the same day every year? Did we not state, his haircut and his son’s haircut is¹⁰⁷ implies that he celebrates the anniversary of his first shave every year and then shaves his son on that same date. The answer is that nothing in the baraita implies that one speaks of the first shaving of the beard; it could well be that the father lets his hair grow three years from the date of birth of his son and then cuts his and his son's hair on the same day in one pagan rite. forbidden? Explain it that they had a haircut together. Did we not state, his wedding feast and his son’s wedding feast are forbidden¹⁰⁸? Explain it that they together had a haircut and married women. Did we not state, his birth and his son’s birth is forbidden? Could you say that they were born together? Explain it that he did not do it on his day, but after the son was born he did it with him¹⁰⁹ does not refer to the birthdays of the persons but to birth of children to both of them; nor does it imply that the birthdates are identical; only the celebrations are. The problem is undecided; for practical purposes only the day itself is forbidden, not its date every following year..

footnotes: ¹⁰⁷ The singular “it is forbidden” implies that this is a double festivity on the same day. Since it is quite impossible that a man and his son should shave their beards for the first time on the same day, it seems that the baraita ¹⁰⁸ A son and his widowed father may well marry on the same day. ¹⁰⁹ Here it seems more reasonable to assume that a father celebrates his birthday every year and his son has the same birthday. But as with the other statements, it is not necessarily so. It either may be that the baraita

¹¹⁰4:6, Notes 73–74. The basic reference is Tosephta Baba qamma7:8 which declares creating a false impression to obtain goodwill as “stealing minds” and forbidden. The example in the Tosephta reads: “he should not open for him amphoras sold to a grocer,” i. e., one should not give the guest the impression that one goes to great expense for him when in fact the amphora had to be opened anyhow to fulfill an existing sales contract. The text here does not make much sense. The next sentence is also in Demay(Babli Ḥulin94a) and makes perfect sense. He should not send him amphoras sold to the grocer because that is like claiming an unnecessary claim. One should not invite another knowing that he will not accept. He should not offer many gifts of closeness knowing that he does not want [them]. What is “of closeness”? He trusts another corner¹¹¹: “He knows that the other person expects that he would exert himself for him.”. And in Jerusalem he was switching his ‘ikhla from right to left¹¹² Note 74. Compare Arabic عٍكال “cord (of a curtain)”..

footnotes: ¹¹⁰ A thoroughly corrupt paragraph; partially but defectively copied from Demay ¹¹¹ In Demay ¹¹² The word עִיכְלָא is otherwise unknown; cf. Demay loc. cit.

¹¹³4:7, Notes 76–80; Tosephta Giṭtin3:13–14; Babli Giṭtin61a. It was stated: In a town where Gentiles and Jews live together, if the Gentiles contribute the overseers of charity collect from them and from Jews, and provide for Gentile and Jewish poor, visit Gentile and Jewish sick, console Gentile and Jewish mourners, and bury Gentile and Jewish dead. Also one takes in vessels from Gentiles and Jews for the sake of peaceful coexistence. The weavers asked Rebbi Immi, what about a Gentile wedding feast? He wanted to permit it to them from this: “for the sake of peaceful coexistence.” Rebbi Abba told him, did not Rebbi Ḥiyya state that a Gentile wedding feast is forbidden? Rebbi Immi said, if it had not been for Rebbi Abba we would have come to permit their pagan worship; praise be the Omnipresent Who distanced us from them.

footnotes: ¹¹³ Demay

MISHNAH: Outside a town with pagan worship it is permitted¹¹⁴. If the pagan worship was outside, inside is permitted. May one go there? If the road was dedicated to this place¹¹⁵ it is forbidden, but if one could go there also to another place it is permitted. If a town has pagan worship and there were stores decorated and not decorated; there was a case in Bet Shean and the Sages said that the decorated ones are forbidden, the not decorated ones are permitted¹¹⁶.

footnotes: ¹¹⁴ In a village or small town, if there is a pagan festival, or a fair dedicated to a pagan deity, which is celebrated by everybody there, the restrictions of trade spelled out in Mishnah 1 do apply in the town but not in its surroundings. ¹¹⁵ The place where trade with the Gentiles would be forbidden. ¹¹⁶ To trade there since they do not participate in the festivities.

HALAKHAH: “Outside a town with pagan worship,” etc. Therefore inside it is forbidden. Because in it there is one statue all of it should be forbidden? Rebbi Simeon ben Laqish says, they taught this about a fair¹¹⁷. What is the difference between inside and the surroundings? Inside where it profits from the toll it is forbidden. Outside it is permitted because it does not profit from the toll, but if outside it also profits from the toll it is forbidden. But was it not stated⁴⁰: “One goes to fairs and buys there slaves, slave girls, and animals.” Rebbi Simeon ben Laqish said, not only Jewish slaves⁴¹ but even Gentiles, because he brings them under the wings of the Shekhina⁴². But was it not stated¹¹⁸: If he bought there a garment, it should be burned, an animal should be castrated, coins should be brought to the Dead Sea? One understands that a garment should be burned, coins should be brought to the Dead Sea. An animal should be castrated¹¹⁹. 22:24). The Babli 13a explains “castrating” as “making unfit for agricultural work” similar to the meaning of the root عقر “to starve an animal” in Arabic.? But was it not stated⁴⁰: One goes to fairs and buys there slaves, slave girls, and animals.” Rebbi Simeon ben Laqish said, not only Jewish slaves⁴¹ but even Gentiles, because he brings them under the wings of Heaven? Explain it, Israel, Israel¹²⁰. But was it not stated: If somebody sells his slave to Gentiles the proceeds are forbidden¹²¹45a) requires the communal court to force the seller to buy the slave back for up to 10 times the sale price. It is forbidden to sell a circumcised slave, who has to keep the Sabbath and eat kosher, to a Gentile. On the other hand, a slave who refuses to be circumcised and become a semi-Jew may be sold to Gentiles without penalty.. Again explain it, Israel, Israel. One buys from an Israel who goes to a fair because he is like one salvaging from their hands. On his return it is forbidden since he profits from pagan worship¹²². But from Gentiles it is permitted whether they are going or coming. Rebbi Abba the son of Rebbi Ḥiyya bar Abba in the name of Rebbi Joḥanan: If it was a hostelry¹²³ it is permitted. Rebbi Ze‘ira asked: at a fair it is forbidden, in a hostelry it is permitted? Maybe Rebbi Joḥanan said this about merchandise¹²⁴. Rebbi Abba the son of Rebbi Ḥiyya bar Abba came in the name of Rebbi Joḥanan: If it was a hostelry, merchandise is permitted¹²⁵, said Rebbi Joḥanan¹²⁶.

footnotes: ¹¹⁷ The fair is a once yearly affair in honor of some divinity and its temple receives a fee from every transaction at the fair. Trading at the fair is directly subsidizing pagan worship. Babli 11b. ⁴⁰ Tosephta 1:8; Babli 13a. ⁴¹ Circumcised slaves who were property of another Jew. This cannot refer to Jews sold as slaves since it is very meritorious to redeem Jews from slavery and does not need special permission. ⁴² The Divine Presence. Since the slave becomes a semi-Jew, in the words of the Babli (13b) buying Gentile slaves “diminishes the number of idolators in the world.” ¹¹⁸ Babli 13a. ¹¹⁹ The statement is unacceptable first because it contradicts the Tosephta and second because there is a biblical prohibition to castrate any animal (Lev ⁴⁰ Tosephta 1:8; Babli 13a. ⁴¹ Circumcised slaves who were property of another Jew. This cannot refer to Jews sold as slaves since it is very meritorious to redeem Jews from slavery and does not need special permission. ¹²⁰ He bought from a Jew who was a vendor at the fair. This shows that only the strictly religious persons followed the rules on trade with Gentiles. ¹²¹ The Babli (Giṭtin ¹²² Babli 33a, Tosephta 1:15. ¹²³ Greek πανδοκεῖον, πανδόκιον. Since the hostelry is a place for strangers, even at the time of a fair it is exempt of the rules restricting participation of Jews. ¹²⁴ Greek πραγματεία. ¹²⁵ The Babli 13a, b explains that any kind of merchandise one may buy there if no fee is paid to the organizers of the fair. ¹²⁶ This clause is superfluous but this is not sufficient reason to delete it from the text.

Rebbi Abbahu in the name of Rebbi Joḥanan: If one bartered an animal for an idol it becomes forbidden. Rav Ḥisda asked: If he had worshipped it he would not have made it forbidden¹²⁷6:1), but living things cannot become forbidden for all use. Why should barter make the living animal forbidden?. Because he bartered an animal for an idol he made it forbidden? Maybe it was said about merchandise assembled before the fair¹²⁸. There came Rebbi Ze‘ira, Rebbi Abbahu in the name of Rebbi Joḥanan: If one bartered an animal for an idol it becomes forbidden. This was said about merchandise assembled before the fair. Rebbi Abbahu said, it is forbidden to make a group visit to a fair¹²⁹, as we have stated¹³⁰: “One should not greet him at a place where it gives him prestige. If he meets him on his way, he greets him gravely.”

footnotes: ¹²⁷ Animals used in pagan worship are forbidden as sacrifices (Mishnah Temurah ¹²⁸ It is forbidden to give animals (or any other article which might be used in pagan worship) specifically for the purpose of assembling merchandise for sale at the pagan fair. The proceeds would be forbidden as the money of a Jew returning from dealing at the fair. ¹²⁹ As stated in the following Tosephta, it is forbidden to greet a celebrant of a pagan rite in public where it increases his prestige on the day of his celebration. Since a group constitutes a public, a person meeting a Gentile of his acquaintance would automatically violate this prohibition. ¹³⁰ Tosephta 1:2.

Rebbi Ḥiyya bar Abba sent to buy sandals for himself at the fair of Tyre. Rebbi Jacob bar Aḥa said to him, are you a buyer at fairs¹³¹? He answered him, did you never buy a loaf of bread¹³²? He said to him, there is a difference, since Rebbi Joḥanan said, they did not forbid the necessities of life. Rebbi Simeon ben Joḥanan sent to ask Rebbi Simeon ben Josadaq, did you not check out the nature of the fair at Tyre? He told him, yes. He gave two pounds¹³³6:3, Note 34. of peppers to an ¹³⁴, a document keeper), Levy (a small oven), and Kohut (Persian eskodār, a courier) are unsatisfactory.איסקרנדה. He went and found an inscription there, “I, King Diocletian, settled this fair at Tyre to the genius of my brother Heraklius¹³⁵, eight days.” Rebbi Isaac bar Naḥman asked Rebbi Ḥanina: What is the nature of the fair at Gaza? He said to him, did you ever go to Tyre and see a Jew and a Gentile sharing a pot, and he does not worry that the Gentile pour something into the pot? This is difficult. He asked him; what did he answer him? But since Rebbi Ḥanina never said something that he had not heard, for that reason when he asked him this he responded with that¹³⁶. Rebbi Yose ben Rebbi Abun came, Abba bar bar Ḥana in the name of Rebbi Joḥanan: They forbade only the fair at Botnah¹³⁷, as it was stated thus: There are three fairs, the fair at Gaza, the fair at Acco, the fair at Botnah. The clearest of them¹³⁸ is the fair at Botnah.

footnotes: ¹³¹ The head of the Academy should not be violating rabbinic decrees; Babli 13b. ¹³² Greek κόλλιξ. ¹³³ Cf. Ševuot ¹³⁴ An unexplained word. The proposed etymologies by Perles (scrinarius ¹³⁵ Title given by Diocletian Jovius to his co-emperor Maximian. As a government sponsored fair, it should be permitted (Tosephta 1:7); the dedication to the genie of an Emperor would not make it prohibited since no pagan temple would profit from the sales. ¹³⁶ Babli 11b/12a. ¹³⁷ Identified by Eusebius as the biblical town of Betonim in the territory of the tribe of Gad. ¹³⁸ As unquestionably pagan, organized for the benefit of pagan worship.

“May one go there?” If he was a guest¹³⁹, it is forbidden; a town dweller is permitted¹⁴⁰. A caravan is permitted since caravans go everywhere¹⁴¹.

footnotes: ¹³⁹ An Aramaic word formed from Greek ξένος “stranger.” The rule of the Mishnah was made for visitors. ¹⁴⁰ As explained in Mishnah 3:6, real estate cannot become forbidden by being used for worship. A taxpayer of the place cannot be deprived by pagan worship of his right to use public roads. ¹⁴¹ Long distance travellers cannot be expected to know all local happenings; they may continue on their road.

How are they decorated? Rebbi Joḥanan said, with myrrh; Rebbi Simeon ben Laqish said, with any kind¹⁴². In the opinion of Rebbi Joḥanan, all is forbidden¹⁴³; in the opinion of Rebbi Simeon ben Laqish only the addition is forbiddden. How is this done? If he usually takes five boxes outside and he took ten. If you say as a decoration, it is forbidden. If you say as sales practice¹⁴⁴, it is permitted.

footnotes: ¹⁴² Not necessarily with flowers. ¹⁴³ Since only myrrh is used, any myrrh used as decoration of any store in town is forbidden as pagan offering, whether or not it was intended as such. ¹⁴⁴ Greek πρᾶξις, read פרקסיס for פרקסים. If the store expects to do more business because of the fair but outside the fairgrounds, this is not pagan worship.

MISHNAH: The following are forbidden to be sold to them: Pine cones¹⁴⁵, and white figs¹⁴⁶1:1, Note 5. with their stalks, and incense, and white cocks. Rebbi Jehudah says, it is permitted to sell a white cock among chickens; when it is alone he cuts one claw and sells it since one does not sacrifice defective ones in pagan worship. All other things are permitted if unspecified¹⁴⁷ but forbidden if specified. Rebbi Meïr says, it is also forbidden to sell good dates, and curved dates¹⁴⁸, and Nicolaos dates¹⁴⁹6:5, Note 162. to Gentiles.

footnotes: ¹⁴⁵ Greek στρόβιλος “cone”. ¹⁴⁶ Cf. Demay ¹⁴⁷ If the Gentile does not specify that he needs the objects for pagan worship. ¹⁴⁸ Cf. Note 155. ¹⁴⁹ A kind of large Syrian dates, cf. Berakhot

HALAKHAH: “The following are forbidden.” Simeon bar Abba in the name of Rebbi Joḥanan: White figs with their stalks and pine cones with their attachments¹⁵⁰.

footnotes: ¹⁵⁰ Which are needed to decorate the thyrsus in Dionysian rites. Babli 14a.

“And incense.” It was stated, if it was a bundle it is permitted. How many are a bundle? “Rebbi Jehudah ben Bathyra said, there are no less than five kinds in a bundle of incense¹⁵¹. If he was a pagan priest it is forbidden¹⁵², a medical man is permitted, a trader is permitted. A suspect trader is forbidden.”

footnotes: ¹⁵¹ Babli 14a, Tosephta 1:21. ¹⁵² A Jew may not sell him any of the items specified in the Mishnah even if he does not specify that he needs it for pagan worship.

We have stated, “a white cock.” Rebbi Ḥiyya stated unspecified “a cock.” Our Mishnah needs the baraita of Rebbi Ḥiyya and the baraita of Rebbi Ḥiyya needs our Mishnah. If we had stated but Rebbi Ḥiyya had not stated, we would have said, only a white cock but an unspecified cock would be permitted even alone. Therefore the baraita of Rebbi Ḥiyya is needed. Or if Rebbi Ḥiyya had stated but we had not stated, we would have said, this is only for an unspecified cock, but a white cock even among chickens is forbidden. Therefore our Mishnah is necessary and the baraita of Rebbi Ḥiyya is necessary. “A chicken to sell,” one may sell him a white cock. “A white cock to sell,” we say by itself it is forbidden, among chickens it is permitted. Rebbi Abun bar Ḥiyya asked: If one saw chickens grazing on a garbage heap and a white cock among them and said, whose is it? Is it as if he specified¹⁵³?

footnotes: ¹⁵³ Since he showed interest in the white cock alone, even if later in negotiating for the sale he does not mention it. Cf. Babli 14a.

If it had a defect. The verse says that they sacrifice defectives in pagan worship. If you present a blind one to be sacrificed, is there nothing bad¹⁵⁴1:8. If it had not been acceptable for the Gentiles, the Jews would not have thought of doing this.? This says that they sacrifice defectives in pagan worship.

footnotes: ¹⁵⁴ Malachi

“Rebbi Meïr says, it is also forbidden to sell good dates, and curved dates, and Nicolaos dates to Gentiles.” Rebbi Ḥama bar Uqba said, Caryotis¹⁵⁵2:1 Note 24).. Rebbi Eleazar ben Rebbi Yose said, it is a kind known as ḥaṣda. If somebody transgressed and sold? It will come similar to what Rebbi Eleazar said¹⁵⁶, if he transgressed and built it is permitted, and here if he transgressed and sold it is permitted.

footnotes: ¹⁵⁵ Greek καρυῶτις “nut shaped kind of dates,” Babli 14b. The word חצד may be Arabic خضد “curved, bent”. The reading of the Yerushalmi is preferable to that of the Babli and the independent Mishnah mss., חָצָב, which designates a plant or bush having nothing to do with date palms (Peah ¹⁵⁶ Halakhah 7, end.

MISHNAH: At a place where they used to sell small cattle to Gentiles one sells¹⁵⁷; at a place where they used not to sell one does not sell; nobody should change this because of controversy¹⁵⁸. Nowhere does one sell to them large animals, calves, and donkey foals, whole or damaged¹⁵⁹. Rebbi Jehudah permits damaged ones; Ben Bathyra permits horses¹⁶⁰ 4:3 (פ) which partially survives in a Genizah text (ג) edited by L. Ginzberg, New York 1909. It is difficult to determine which text is original..

footnotes: ¹⁵⁷ At places where sheep and goats are not sacrificed in pagan rites. ¹⁵⁸ Even if the situation changes one should not change old usage since this will destroy communal peace. ¹⁵⁹ Cattle and donkeys were used as animals for work and beasts of burden. Belonging to Jews, these animals have a right to rest on the Sabbath. If they are sold to Gentiles, the seller deprives them of this right; depending on circumstances this might be counted as violation of the Sabbath by the seller. Calves and foals do not work but are raised for work. ¹⁶⁰ In antiquity horses were used only for riding, not for work. Even if the horse is used for hunting, he holds that transporting live animals or birds is not a breach of biblical Sabbath law.Mishnah and Halakhah are also in Pesaḥim

HALAKHAH: “At a place where they used to sell small cattle,” etc. But is it permitted to raise them¹⁶¹7:10, Note 97), from where does one get them to sell them to a Gentile?? Rebbi Abba said, for example Mahir which is sixteen by sixteen mil¹⁶² is described in Eccl. rabba1(34) as situated in the domain of the tribe of Reuben in Transjordan, a country of sheep and goats (Num. 32:4). Mentioned also in Pesaḥim5:3.. They wanted to say, he who said it is permitted to sell [says] it is permitted to raise¹⁶³: “to leave alone”.. But he who says, it is forbidden to sell [says] it is forbidden to leave it alone¹⁶⁴. Rebbi Jonah, Rebbi Eleazar in the name of Rav¹⁶⁵: Even one who says it is permitted to sell it [says] it is forbidden to leave it alone. What is the difference between selling and leaving alone? When he sells it to him it becomes the Gentile’s animal. If he lets it be alone with him, it is the Jew’s animal and he is suspected about it.

footnotes: ¹⁶¹ Since it is forbidden to raise sheep and goats in the Land of Israel (Mishnah Bava qamma ¹⁶² The Mishnah permits to raise goats and sheep in places unfit for agriculture. Mahir ¹⁶³ Read with Pesaḥim ¹⁶⁴ Gentiles are suspected of bestiality (Mishnah 2:1). ¹⁶⁵ In the Babli, 14b/15a, this is R. Eleazar’s statement opposing Rav.

“At a place where they used not to sell one does not sell.” Why? Because he eliminates the duty of shearing¹⁶⁶. 18:4. But goats are not raised for wool and are included in the prohibition.. Think of it, if it was a goat! Because he eliminates the duty of the first-born¹⁶⁷. 15:19. But a male animal does not bear lambs and also is included in the prohibition.. Think of it, if it was a male! Because he eliminates the gifts¹⁶⁸. 18:3.. Then one should not sell wheat to them because he eliminates the duty of ḥallah¹⁶⁹15:20.; then one should not sell wine and oil to them because he eliminates the duty of benedictions¹⁷⁰ The problem treated here is that in the next paragraph it is stated that one does not sell large animals to Gentiles because of problems with the laws of the Sabbath. Therefore one is inclined to say that the prohibitions of Mishnah 5 are because of pagan worship and those of Mishnah 6 because of Jewish worship. It is shown that this does not hold; the first part of Mishnah 6 is about pagan worship, about places where sheep or goats are sacrificed by pagans; only the second part is about Jewish matters..

footnotes: ¹⁶⁶ The first shearing of sheep should be given to a Cohen, Deut ¹⁶⁷ Which must be given to a Cohen, Deut ¹⁶⁸ The parts of the animal to be given to a Cohen, Deut ¹⁶⁹ The gift to the Cohen from bread dough, Num. ¹⁷⁰ Which are pronounced before and after food, as described in the later Chapters of Tractate Berakhot.

Nowhere does one sell large animals to them.” Why? For a large animal there might be an obligation for a purification offering¹⁷²; for a small animal there can be no obligation for a purification offering. But does he not shear, does he not milk? One says, there it is liable, here he is liable¹⁷³7:2). The Yerushalmi holds that milking a goat also is a biblical prohibition. But giving the animal rest on the Sabbath is an obligation of the owner; he is liable even if another person does the work with his consent. But the Gentile who shears or milks the animal violates no prohibition; since the animal is passive the owner also does not violate any biblical statute.. But if it is sold, is it not the Gentile’s animal? The Babylonian Rebbi Immi¹⁷⁴ in the name of the rabbis there: Sometimes he sells it on trial and returns it after three days, then it turns out that he did do work with the Jew’s animal¹⁷⁵. Then on trial it should be forbidden, not on trial permitted. One is because of the other¹⁷⁶.

footnotes: ¹⁷² If the Gentile does work with the Jew’s animal on the Sabbath, it is a violation of the Sabbath by biblical standards. ¹⁷³ It is clear that shearing a sheep on the Sabbath is a violation of biblical law (Mishnah Šabbat ¹⁷⁴ A Babylonian who immigrated to Galilee in the generation after R. Immi the Galilean. In the Babli 15a he is called Rami ben Rebbi Yeva. ¹⁷⁵ If the Gentile takes the animal on Friday and returns it on Sunday he will have worked with it on the Sabbath with the agreement of the Jew who it turns out still is the owner. ¹⁷⁶ This is a rabbinic “fence around the law,” far from biblical prohibitions.

If he transgressed and sold one fines him. Just as one fines for practice so one fines for custom. From where that one fines for custom? A person sold his camel to an Aramean¹⁷⁷. The case came before Rebbi Simeon ben Laqish who fined him double¹⁷⁸3a, he authorizes a fine up to ten times its price. to make him take back the camel. Rebbi Yose ben Rebbi Abun said, they fined the broker and called him son who brokers to Arameans¹⁷⁹. Does Rebbi Simeon ben Laqish follow Rebbi Jehudah¹⁸⁰? As it was stated in the name of Rebbi Jehuda¹⁸¹2:1, Babli Bekhorot2b.: “If somebody buys an animal from a Gentile and it gave birth to a firstling, he buys it up to its worth and gives half of its worth to a Cohen. If it was given to him as contractor, he has to pay for up to ten times its worth and gives all of its worth to the Cohen. But the Sages say, since the finger of the Gentile in involved it is no longer liable as firstling¹⁸².” Rebbi Simeon ben Laqish is more than Rebbi Jehudah. What Rebbi Jehudah said because of the practice of firstlings; but what Rebbi Simeon ben Laqish said because of practice regarding a large animal¹⁸³.

footnotes: ¹⁷⁷ A Gentile. While “Gentile” is used to emphasize the pagan character of a person, “Aramean” simply characterizes him as Non-Jew. ¹⁷⁸ Greek διπλῇ. In פ the Hebrew/ Aramaic translation is used. In פ and the Babli, Bekhorot ¹⁷⁹ Translated following פ. ¹⁸⁰ Could R. Simeon ben Laqish act against accepted practice in this case? ¹⁸¹ Tosephta Bekhorot ¹⁸² Undisputed practice follows the Sages, cf. Note 187. ¹⁸³ The two cases have nothing in common.

“Rebbi Jehudah permits damaged ones.” Rebbi Jehudah said this only for a damaged one which cannot be healed¹⁸⁴. They told him, may he not bring a male to it, he fertilizes it and it gives birth? He said to them, I also said this only about a male (horse) [damaged one]¹⁸⁵. which cannot be healed. They told him, may he not bring a female to him, she is fertilized by him and gives birth? Rav Abin in the name of the rabbis there: This implies that one is forbidden to provide them with fetuses¹⁸⁶2b, disagrees and reports that R. Jehudah denies that a disabled cow will accept a male.. There¹⁸⁷1:1., we have stated: “If somebody buys a Non-Jew’s donkey fetus or who sells one to him even though he is not authorized, or one who enters into partnership, or accepts from him as contractor, or lets it in contract, is not liable for firstling.” Rebbi Ḥaggai asked before Rebbi Yose, does this¹⁸⁸ not imply that one is forbidden to provide them with fetuses? He said to them, Rebbi Abin in the name of the rabbis there already preceded you: This implies that one is forbidden to provide them with fetuses.

footnotes: ¹⁸⁴ To ever work again. ¹⁸⁵ The text in parentheses is from the text here, the (correct) one in brackets from Pesaḥim ¹⁸⁶ Since the argument of the rabbis has nothing to do with Sabbath prohibitions. The Babli, 16a and Bekhorot ¹⁸⁷ Mishnah Bekhorot ¹⁸⁸ The note that one is not authorized to sell a pregnant animal to a Gentile.

“Ben Bathyra permits horses.” Ben Bathyra said this only about a male horse because it kills its owner in war. Some say, because it runs after females, and some say, because it stands still to urinate¹⁸⁹. What is between them? A gelding. He who says because it runs after females, it does not run. He who says because it stands still to urinate, this one also stands still to urinate. [Rebbi Aḥa in the name of]¹⁹⁰ texts. Rebbi Tanḥum bar Ḥiyya: If it gets old he binds it to the grindstone¹⁹¹. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Ben Bathyra and Rebbi Nathan both said the same¹⁹²94a., as it was stated¹⁹³8:34 Babli Šabbat94a.: “If he carried out domestic animals, wild animals, or birds, whether alive or dead, he is liable. Rebbi Nathan says, dead he is liable, alive he is not liable.” The rabbis hold that he is liable for a purification sacrifice and they answer him so¹⁹⁴? They answer following his own argument. Following your argument, since you are saying because of rabbinic Sabbath prohibition, also we hold that if it gets old he binds it to the grindstone. Rebbi says, I am saying that it is forbidden for two reasons, as a weapon¹⁹⁵ and as a large animal. It was stated so: A large wild animal is like a (small) [large]¹⁹⁶, the text in parentheses is from Avodah zarah. In the last sentence, the Genizah text follows the one in Avodah zarah; this clearly is impossible. domestic animal¹⁹⁷. Who stated this? Rebbi. The words of the Sages: Rebbi Bisna, Rebbi Ḥanan bar Abba in the name of Rav¹⁹⁸: A wild animal is like a (large) [small]¹⁹⁶, the text in parentheses is from Avodah zarah. In the last sentence, the Genizah text follows the one in Avodah zarah; this clearly is impossible. domestic animal.

footnotes: ¹⁸⁹ At this moment the horse will not obey its master and therefore be dangerous. ¹⁹⁰ Added from the Pesaḥim ¹⁹¹ Then it is used like a beast of burden and the same restriction may apply as to the sale of cattle. Babli 16a. ¹⁹² For the laws of Sabbath. Everybody agrees that “a living person carries himself”; it is permitted to carry a human baby from private to public domains. The rabbis restrict this to humans; R. Nathan explicitly and Ben Bathyra implicitly (Note 160) extend the rule to animals. Babli Šabbat ¹⁹³ Tosephta Šabbat ¹⁹⁴ Why do they object because of the use of old horses which only implies a violation of rabbinic rules but not to the possible use of a younger horse in hunting which would violate biblical rules? ¹⁹⁵ Which makes the seller of the weapon an accessory to murder before the fact. Babli 16a. ¹⁹⁶ The correct text in brackets is from Pesaḥim ¹⁹⁷ A horse is considered a tamed wild animal, not domesticated by nature. ¹⁹⁸ It should be Rav Ḥanin, not Rebbi. The Genizah text has the statement in the name of Rebbi Ḥiyya, Rav’s uncle and foremost teacher. ¹⁹⁶ The correct text in brackets is from Pesaḥim

MISHNAH: One does not sell them bears and lions, or anything damaging to the public; nor does one build with them a basilica¹⁹⁹, a gallows²⁰⁰, a stadion²⁰¹, or a rostrum²⁰². But one builds with them public²⁰³דימוסיות from Greek δημόσια. and private baths; when they come to the cupola where an idol will be placed it is forbidden to build it.

footnotes: ¹⁹⁹ Greek βασιλική “king’s palace”, a government building in the provinces, automatically dedicated to the worship of Rome and the Emperor. ²⁰⁰ Since one may assume that most of death sentences passed by the Roman government are unjust. ²⁰¹ Greek στάδιον, the place of gladiator’s combats, race courses, etc. ²⁰² Podiums for public speeches or trials. ²⁰³ Reading with Maimonides and the ‘Arukh

HALAKHAH: “One does not sell them bears and lions,” etc. Therefore something which does not present a danger to the public one may sell to them. Our Mishnah follows Rebbi²⁰⁴. As it was stated²⁰⁵1:1 (#613).: “One who sees snake charmers and conjurers, muqion, mupion, mulion, milarin, milaria, sigillarin, sigillaria²⁰⁶, the buffoon, corresponding to the Babli’s bucco, μώκος the comedian, mulio the donkey trainer. Sigillaria is the holiday which concludes the saturnalia; Kohut notes a meaning “puppeteer” for sigillarius (סגילרין) quoted in DuCange’s Medieval Latin dictionary. Compare also sicinnista, “dancer (m.) of the sicinnis” a dance of satyrs (E. G.) The remaining two words מילרין מילריה seem to remain without reasonable identification., this is forbidden because of ‘seat of the scoffers,’ as it is said,²⁰⁷ 1:1. in the seat of scoffers he did not sit. All this leads to neglect of the Torah, as it is said²⁰⁸1:2., but in the teachings of the Eternal is his desire. Going to the theater²⁰⁹ is forbidden as pagan worship, the words of Rebbi Meïr, but the Sages say, when they present offerings it is forbidden because of pagan worship, otherwise it only is forbidden because of ‘seat of scoffers.’ One who goes to the theater to shout²¹⁰; if it is for a public need it is permitted, if to ingratiate himself it is forbidden. One who sits in the stadium is a spiller of blood²¹¹. Rebbi Nathan permits because of two reasons, because he can shout and save lives²¹², and he can testify for a woman that she can remarry²¹³.”

footnotes: ²⁰⁴ It is not known what this refers to. ²⁰⁵ Babli 18b, Tosephta 2:6, Yalquṭ Ps. ²⁰⁶ The different sources give different readings for the names of the performers.Yerushalimi:מוקיון מופיון מוליון מילרין מילריה סגילרין סגילרהTosephta ed. Zuckermandelבוקיון מוקיון מוליון סגלרין סגלריאTosephta ed. princepsבוקיון מוקיון מוליון סגלאדין סגלאדאBabli ed. princepsבוקיון מוקיון מוליון לוליון בלורין סלגוריןBabli Ms. Munichבוקיון מוקיון מוליון לוליון סגליון סגלקיין בלריןבלריון מלרין מלריון סלגלוריוןYalquṭבוקיון מוקיון מוליון לולין סגלין סגלדין כלרין בלריןמלרין מלריוןFor the words appearing in the Yerushalmi there seems to be unanimity that the first three are maccus ²⁰⁷ Ps. ²⁰⁸ Ps. ²⁰⁹ Probably meaning: amphitheater (E. G.). Both Greek tragedy and Comedy were religious ceremonies. ²¹⁰ In the theater it was to vote with one of the parties. In the Babli sources (Babli and Tosephta), instead of מִתְחֵַשֵּׂד “to ingratiate oneself” one reads מִתְחַשֵּׁד “to be counted as one of them”. The meaning is the same. ²¹¹ If there were no public, neither fights of gladiators nor fights of men with wild beasts would be staged. ²¹² If a wounded gladiator begs for his life, he can vote to let him live. ²¹³ If a Jew is killed in one of these performances the spectator can testify that his wife is a widow and can remarry.

If he transgressed and built. Rebbi Eleazar said, it remains permitted²¹⁴. Rebbi Mana said, it rather seems reasonable following the opinion that it is forbidden because he would have prevented²¹⁵ the entire cupola.

footnotes: ²¹⁴ Halakhah 1:5, Note 156. The Babli, 19b, knows only of R. Eleazar’s ruling. ²¹⁵ From the verb حيد “to deviate”. Maybe if the Jew had refused to build the cupola it would not have been built.

MISHNAH: One does not sell to them anything connected to the ground, but one may sell for when it will be cut²¹⁶. Rebbi Jehudah says, he may sell for the purpose of cutting.

footnotes: ²¹⁶ This is a rule particular to the Land of Israel, to preserve the Jewish character of the land, as explained in Halakha 9. It does not apply to the diaspora.

HALAKHAH: “One does not sell to them anything connected to the ground,” etc. Rebbi Abun bar Ḥiyya asked: Is there also a disagreement about large cattle? May one sell for the purpose of slaughter? It was found stated: Also large cattle is in dispute; Rebbi Jehudah says, he may sell for the purpose of slaughtering²¹⁷.

footnotes: ²¹⁷ Babli 20a. This is not dependent on the Land; it applies everywhere. The Babli defines R. Jehudah’s adversary as R. Meïr.

MISHNAH: In the Land of Israel²¹⁸6:1. one does not lease houses to them and certainly not fields. In Syria²¹⁹7:6 Note 119. one leases houses to them but not fields. Outside the Land one sells houses to them and leases fields, the words of Rebbi Meïr. Rebbi Yose says, also in the Land of Israel one leases houses to them but not fields; in Syria one sells houses and leases fields; outside the Land one sells both²²⁰.

footnotes: ²¹⁸ As defined in Ševi‘it ²¹⁹ All territory ruled over by David but not included in the Land proper; cf. Peah ²²⁰ The opinion of R. Yose is preeminent.

HALAKHAH: “One does not lease houses to them,” etc. ²²¹. 7:2 is Amoraic even though in the Babli it is supported by a baraita. Rebbi Ze‘ira in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya²²² in the name of Rebbi Joḥanan: לֹא תְחָנֵּֽם²²³. 7:2. The verse refers only to the original Canaanite inhabitants. do credit them with charm; לֹא תְחָנֵּֽם do not give them free gifts; לֹא תְחָנֵּֽם do not give them encampment in the Land²²⁴. But did we not state, “Rebbi Yose says, also in the Land of Israel one leases houses to them”? A house is not a source of blessing; a field is a source of blessing²²⁵66b Tosaphot *s. v.*מירוח.. Rebbi Yose ben Rebbi Abun instructed that it is forbidden to let them lease a grave in the Land of Israel because of “do not give them encampment in the Land.²²⁶”

footnotes: ²²¹ Babli 19b/20a. The entire theory built on Deut ²²² These are two parallel traditions, one in the name of R. Yose bar Ḥanina, the other in the name of R. Joḥanan. ²²³ Deut ²²⁴ The different interpretations are based on reading the word as derived from the roots חנן, חנם, חנה. They will be discussed in the inverse order of the first quote. ²²⁵ Cf. Babli Menaḥot ²²⁶ Since a permanent irrevocable lease is the equivalent of a sale.

לֹא תְחָנֵּֽם do not give them free gifts. But was it not stated²²⁷2:15; Babli Eruvin64b, Lev. rabba37(3). There it is stated that he went from Acco to Akzib near the Lebanese border riding on a donkey and implied that it was the day after the end of Passover.: “It happened that Rabban Gamliel was walking on the road and saw a loaf of bread¹³² thrown on the road. He said to his slave Tabi, pick up this loaf. He saw a Gentile coming towards him and said to him, Mabgai²²⁸, “village dweller”. It is possible to see here the root بجّ “to fatten animals” said of pasture., take this loaf. Rebbi Illai ran after him and asked him, what is your name? He told him, Mabgai. From where are you? He told him, from the guard-tower²²⁹, watch lower at a limes, Greek πυργός “tower”. villages. Did Rabban Gamliel ever come to know you?, He told him, no. Rabban Gamliel had it right by the Holy Spirit. We learned from him three things. We learned that one does not pass over food. And that leavened matter of a Gentile is permitted immediately after Passover. And that one follows the majority of travelers²³⁰(6:1 Note 21) as being the border between Jewish Galilee to the East and pagan Phoenicia to the West. If the leavened bread had been the property of a Jew during Passover its usufruct would be permanently forbidden to Jews..” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That is, in earlier times. But today we pass over edibles because of sorcery²³¹.

footnotes: ²²⁷ Tosephta Pesaḥim ¹³² Greek κόλλιξ. ²²⁸ Levy reads the name as derived from paganus ²²⁹ From Latin burgus ²³⁰ Since Tabi was circumcised and the time was just after the end of Passover, Rabban Gamliel riding on a donkey could not have asked his slave walking beside him to pick up a loaf of bread, and therefore acquiring it as ownerless, if he could not assume that it was lost by a Gentile since most of the travelers on that road were Gentiles. The road itself is described in Ševi‘it ²³¹ Since abandoned food may be a health hazard, one is justified not to touch it.

²³²“When he was leaving Akzib there came a person to ask about his vow²³³, p. 422; Nedarim3:1 Note 7.. He asked his travel companion, would you say that we drank a quartarius²³⁴ of Italian wine? He said to him, yes. He told the person who asked, walk with us until we dissipate our wine. When they came to the Tyrian Ladder²³⁵ on the Lebanese border. Rabban Gamliel dismounted, covered himself²³⁶, sat down, and dissolved his vow. From his words we learned that a quartarius of wine intoxicates and that travelling dissipates the wine. Also that one does not ask about vows and gives no instruction after drinking wine²³⁷. 10:9–10.. Also one does not dissolve vows while walking but covered and sitting.” Rebbi Joḥanan said, so he opened for him: Some blurt out unthinkingly like sword piercing²³⁸. 12:18. etc. For example, one who made a vow not [to eat] a loaf. Woe if he eats, woe if he does not eat. If he eats he violates his vow. If he does not eat he sins against himself²³⁹ who vows to abstain from wine at the end of his period of abstinence has to bring a purification offering usually reserved for sinners. His sin is that he voluntarily deprived himself of permitted enjoyments; cf. Nedarim1:1 Note 95, Qiddušin4:12 Note 272.. What should he do? He should go to the Sages who will dissolve his vow as is written, but the sayings of the Sages are healing.

footnotes: ²³² Found in the same sources as the preceding paragraph, Note 227. ²³³ Which according to Pharisaic tradition can be dissolved by an ordained rabbi; cf. Introduction to Tractate Nedarim ²³⁴ About 135 ml. ²³⁵ Modern Rosh Hanniqra ²³⁶ Wrapped himself in his toga. ²³⁷ For priests officiating in the Temple this is a biblical prohibition, Lev ²³⁸ Prov ²³⁹ The nazir

לֹא תְחָנֵּֽם do not credit them with charm. ²⁴⁰9:2, Notes 79–81. But was it not stated: It happened that Rabban Gamliel while walking on the Temple Mount saw a beautiful Gentile woman and recited a blessing over her. Does Rabban Gamliel usually look at women? It was a curved road, like a pswros²⁴¹, he looked at her because he could not avoid her. But did not Rebbi Ze‘ura in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan say: לֹא תְחָנֵּֽם do not credit them with charm? What did he say? He did not say ἀβάσκαντα²⁴²9:2, Note 79. but “praised be He Who has beautiful creatures in His world,” because even if one saw a beautiful donkey, a beautiful camel, a beautiful horse, one says “praised be He Who has such beautiful creatures in His world.”

footnotes: ²⁴⁰ Babli 20a/b. A parallel (not a copy) is in Berakhot ²⁴¹ The word is unexplained; perhaps ἐπίσυρμα “trail or track made by something dragged.” (E. G.) ²⁴² Greek “free from harm” Berakhot

Rebbi Simeon, Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: a Jewish braider should not braid a Gentile because of “do not give on them charm.” Also a Jew should not be a Gentile’s best man because of do not contract marriage with them.²⁴³. 7:3. Rebbi Isaac from Gufta asked before Rebbi Mana: It is forbidden to go to their wedding feasts, not a fortiori to become his best man? He told him, to put a biblical prohibition on it²⁴⁵.

footnotes: ²⁴³ Deut ²⁴⁵ However the verse refers only to Canaanites, not Gentiles in general. The prohibition remains rabbinic.

²⁴⁶3 (1932) pp. 15–26, in addition to the Leiden ms. (L). The present paragraph is a copy from Demay6:1 (ד) Notes 15–18. In the readings, a reference (G) means that the word is not completely preserved in G. Rabbi Simon had vineyard planters on King’s Mountain²⁴⁷5 Note 115, Ševi‘it9 Note 63. In Amoraic times it was settled only by Gentiles. The text of the other two sources, “fields” is preferable over “vineyard planters”.. He asked Rebbi Joḥanan who told him, let them lie fallow and do not lease them to a Gentile. He asked Rebbi Joshua [ben Levi]²⁴⁸, may one lease them to a Gentile? Rebbi Joshua [ben Levi]²⁴⁸ permitted it at a place where no Jews could be found as for example Syria. About Syria we can understand from the following: Rebbi Ḥaggai went to Homs. Those of Bar Ashtor came and asked him: Since we cannot find Jews we lease to Gentiles;l do we have to tithe through them²⁴⁹? He sent and asked Rebbi Ze‘ira. Rebbi Ze‘ira asked Rebbi Immi (and said to him, rabbi, does one have to tithe?)²⁵⁰ He told him, one does not have to tithe because of them. From this you (Rebbi Simeon)²⁵⁰ [understand]²⁵¹ to lease following Rebbi Yose. In addition, from what Rebbi Ḥanina (Rebbi Abbahu)²⁵⁰ the son of Rebbi Abbahu said, my father had a case. He sent and asked Rebbi Ḥiyya, Rebbi Yasa²⁵², Rebbi Immi, and they instructed him to lease following Rebbi Yose. Therefore one does not tithe through them²⁵³.

footnotes: ²⁴⁶ From here intermittently through fol. 43a line 7 there is a Geniza (G) text, in many places very fragmentary, edited by L. Ginzberg (New York 1909). From fol. 41d line 42 there exists a second Geniza text from the Antonin collection edited by J.N. Epstein (E), Tarbiz ²⁴⁷ A region conquered by King Yannai and part of the later Hasmonean kingdom, not settled by the earlier returnees from Babylonia. Cf. Demay ²⁴⁸ Added from ד and G, missing in L, required by the context. ²⁴⁸ Added from ד and G, missing in L, required by the context. ²⁴⁹ The Gentile is not required to tithe. If he pays his rent in produce, is the landlord required to tithe? Produce in Syria has to be tithed only by rabbinic decree, twice removed from biblical duty. Since the Gentile acts on his own, not on behalf of the owner of the land, what he pays as rent is exempt Gentile produce. ²⁵⁰ Delete with ד and G. ²⁵⁰ Delete with ד and G. ²⁵¹ Add as reading of ד and G. ²⁵⁰ Delete with ד and G. ²⁵² Missing in G. ²⁵³ As explained in Note 249 there is no need to tithe. The only question is whether one should require them to tithe anyhow as a fine for leasing land to Gentiles, but since the lease is legitimate following R. Yose there is no reason for such a fine. The Babli agrees, 21a.

MISHNAH: Also in a case where they said to lease they did not mean a dwelling because he will introduce idols as it is said, do not bring an abomination into your house for you would be anathema like it²⁵⁵. 7:26., etc. In any case he should not lease to him a bath house because it is called by his name²⁵⁶.

footnotes: ²⁵⁵ Deut ²⁵⁶ If the bath house (or any other public convenience) is known as the Jew’s property it cannot be operated on the Sabbath since people would think that the Jew operates it.

HALAKHAH: “Also in a case where they said to lease,” etc. Therefore, at a place where one is used to sell²⁵⁷, he may sell even a dwelling and lease a dwelling²⁵⁸. 7:26 applies only to the Land. In the theory of the Babli, Gentiles outside the Land are no real idolators but only followers of inherited superstitions. Cf. Tosephta 2:8.. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Eleazar ben Rebbi Yose: Even a small room as in the tannery of Sidon²⁵⁹. Not only all of it, but even one room. “If there were two, one inside the other, the inner one is liable, the outer one is not liable.²⁶⁰3:5 (Note 92). Harvested grain becomes liable for tithes only when it is being prepared for storage. An example of this is grain transported from the field to the courtyard attached to the farmer’s dwelling. R. Jehudah holds that if there is a courtyard inside another, the inner one only counts in this respect.” If there was one and it was subdivided into two, two and combined into one²⁶¹? Rebbi Abin in the name of the rabbis there:²⁶² This²⁶³ implies that if there was a field adjacent to a road it is forbidden to lease it to Gentiles because it is known by the name of the Jew and they plough there on Sabbaths and holidays.

footnotes: ²⁵⁷ Outside the Land for R. Meïr and in Syria for R. Yose. ²⁵⁸ Deut ²⁵⁹ If a small room in an industrial complex cannot be leased to Gentiles as living space. A similar text in Babli 21b. ²⁶⁰ This is Mishnah Ma`serot ²⁶¹ How do the rules of tithing apply? The question is inappropriate here and not answered. ²⁶² Of Babylonia. ²⁶³ The argument of the Mishnah about leasing a bathhouse. In Tosephta 2:9, R. Simeon forbids leasing a field anywhere for the same reason.