SigPhi · Tanakh

The Mishnah

Page 21 of 109

3 Cf. Orl. 21*; Pes. 7*; Zeb. 12*; p. 582, n. 8; Midd. i*; Par. 3'. The actual Temple structure. In the Talmud it is variously explained as a place in the Temple Mount, the whole of the Temple Mount, and a tower in the Temple Mount.

♦ And not wood of his own. s In case he should return.

6 Cf. Shebi. 9*. * Some texts omit ‘They say to him’.

8 Ironical. Such produce is no more found locally in the fields. * A. Zar. 1*.

6. R. Meir says: Whatsoever work a man has begun before the 14th he may finish on the 14th; but he may not begin it from the beginning on the 14th even though he was able to finish it. But the Sages say: Three crafts¬ men may do work until mid-day on the eve of Passover and these are they: tailors, barbers, and washermen. R. Jose b. R. Judah says: Shoemakers also.

7. They may set up hen-coops on the 14th and if a [brooding] hen escaped it may be restored to its place, and if it died another may be made to sit in its stead. They may clear away [refuse] beneath the feet of cattle on the 14th, and during the Feast1 they may clear it away to the sides [of the stall]. They may take utensils to the house of a craftsman and bring them away even though they are not needful for the Feast.

8. The men of Jericho did six things:2 for three they reproved them and for three they did not reprove them. And these are the things for which they did not reprove them: they grafted palms [on the 14th of Nisan] the whole day, they did not make the prescribed divisions in the Shema' 3 they reaped and stacked before the Omer\ 4 and they did not reprove them. And these are the things for which they reproved them: they permitted the use of Egyptian figs [from stems that had been] dedicated to the Temple, they ate on the Sabbath fruit that lay fallen under the tree,5 and they gave Peak 6 from vegetables; and the Sages reproved them.7 5. 1. The Daily Whole-offering8 was slaughtered at a half after the eighth hour, and offered up at a half after the ninth hour; [but] on the eve of Passover it was slaughtered at a half after the seventh hour and offered up at a half after the eighth hour, whether it was a weekday or the Sabbath. If the eve of Passover fell on the eve of a Sabbath, it was slaughtered at a half after the sixth hour and offered up at a half after the seventh hour. And, after this, the Passover-offering [was slaughtered], 2. If a Passover-offering was slaughtered but under some other name,9 or if its blood was received, conveyed, and tossed, but under some other name, or under its own name and [then] under some other name, or under some other name and [then] under its own name, it becomes invalid. How [can it be treated] ‘under its own name and [then] under some other name’? [If, to wit, it was treated first] under the name of a Passover- offering and [then] under the name of a Peace-offering. [And how can it be treated first] ‘under some other name and [then] under its own name’? [If, to wit, it was treated first] under the name of a Peace-offering and [then] under the name of a Passover-offering.

3. If it was slaughtered for such as cannot eat of it,10 or for such as were not numbered'1 among them that should eat of it, or for the uncircumcised,12 1 That were unlawful. -= See Ber. 2*. * Men. ic" • *. App. I. 31.

- It may have fallen on the Sabbath itself and so be forbidden.

7 Many texts add the following Baraita (i.e. teaching not included in the Mishnan, but related to and contemporary with the teachings of the Mishnah, and recorded in the Gemara; the present Baraita is taken from Pes. 563): ‘Six things did king Herekiah: with three they consented and with three they did not consent. He dragged the bones of his father on a bed of ropes— and they consented He ground small the bronze serpent — and they consented. He hid away the scroll of healings — and they.consented. With three things they did not consent. He cut in pieces the doors of the Sanctuary and sent them to the king of Assyria — and they did not consent. He stopped up the water of the upper Gihon — and they did not consent. He intercalated Nisan with Nisan — and they did not consent.’

* Of the evening. See Num. 281-* and tractate Tamid. Cf. below, 101.

9 See Zeb. i1’*. 10 See Pes. 8’. 11 See Pes. 8*.

142 SECOND DIVISION: MOED or the unclean,1 it is not valid; but if both for such as can and for such as cannot eat of it, or both for such as have and for such as have not been numbered among them that should eat of it, or both for the uncircumcised and for the circumcised, or both for the unclean and for the clean, it is valid. If it was slaughtered before midday it is invalid, for it is written, Between the evenings.2 If it was slaughtered before the Daily Whole-offering it is valid, provided that some one stir up its blood until the blood of the Daily Whole-offering has been tossed;3 but if it was tossed before, it is valid.

4. If a man slaughters the Passover-offering with hametz [in his posses¬ sion], he transgresses a negative command.'* R. Judah says: Also [if he so slaughters] the Daily Whole-offering [after midday on the 14th]. R. Simeon says: [If a man slaughters] the Passover-offering on the 14th under its own name [while he was near to hametz], he is culpable; but if under some other name he is not culpable; and for all other offerings, whether slaughtered under their own name or not, a man does not become culpable. During the Feast itself if [he slaughtered it] under its own name, he is not culpable; but if under some other name, he is culpable; while for all other offerings, whether slaughtered under their own name or not, he is culpable, except for a Sin-offering5 which has been slaughtered under some other name.

5. The Passover-offering was slaughtered [by the people] in three groups, for it is written, And the whole assembly of the congregation of Israel shall slaughter it 6 — ‘assembly’, ‘congregation’, and ‘Israel’. When the first group entered in and the Temple Court7 was filled, the gates of the Temple Court were closed. [On the shofar] a sustained, a quavering, and again a sustained blast8 were blown. The priests stood in rows and in their hands were basons of silver and basons of gold. In one row all the basons were of silver and in another row all the basons were of gold. They were not mixed up together. Nor had the basons bases, lest the priests should set them down and the blood congeal.

6. An Israelite slaughtered his [own] offering and the priest caught the blood. The priest passed the bason to his fellow, and he to his fellow, each receiving a full bason and giving back an empty one. The priest nearest to the Altar tossed the blood in one action against the base [of the Altar].

7. When the first group went out the second group came in; and when the second group went out the third group came in. As the rite was per¬ formed writh the first group so was it performed with the second and the third, f In the meantime the levites] sang the Hallel.9 If they finished it they sang it anew, and if they finished it a second time they sang it a third time, although it never happened that they thrice completed it. R. Judah says: Never during the turn of the third group did they reach so far as I love the Lord because he hath heard [my voice], 1 0 since the folk in that group were but few.

8. As the rite was performed on a weekday so was it performed on a Sab¬ bath, save that the priests swilled the Temple Court, which was not with the consent of the Sages. R. Judah says: They used to fill a cup with the mingled blood [that was spilt] and toss it in one action against the Altar." But the Sages did not agree with him.

1 1 After all had slaughtered their offerings. This made valid any of the offerings whose blood had not been rightly treated.

9. How did they hang up the carcases and flay them? There were iron hooks fixed in the walls and pillars,* and on these they used to hang the carcases and flay them. And if any had no place where to hang and flay, there were thin smooth staves which a man could put on his own and his fellow’s shoulder and so hang and flay [his offering]. R. Eliezer says: If the 14th fell on a Sabbath a man would rest his hand on his fellow’s shoul¬ der, while the hand of his fellow rested on his shoulder, and so would they hang and flay [their offerings].2 10. When he had slit the carcase and removed the sacrificial portions,3 he put them on a tray and [the priest] burned them on the Altar. When the first group went out they remained within the Temple Mount [if the 14th fell on a Sabbath], and the second group in the Rampart,4 and the third group remained where they were [within the Temple Court]. After nightfall they went out and roasted their Passover-offerings.

6. 1. These acts pertaining to the Passover-offering override the Sabbath: slaughtering it, tossing its blood, scraping its entrails, and burning its fat pieces. But the roasting of it and rinsing its entrails do not override the Sabbath. Carrying it [to the Temple] and bringing it from outside to within the Sabbath limit, and cutting off a wen [from the carcase] do not override the Sabbath. R. Eliezer says: They do override it.

2. R. Eliezer said: Is not that the inference? — if slaughtering, which comes within the category of work,5 overrides the Sabbath, may not those things override the Sabbath which come [only] within the category' of Sabbath rest?6 R. Joshua said to him: A Festival-day affords proof,7 for on it they have permitted acts which come within the category of work and have forbidden acts which come within the category of Sabbath rest.8 R. Eliezer said to him: What is this, Joshua! How can a voluntary act be any proof concerning an obligatory act!9 R. Akiba answered and said: Sprinkling [with the Sin-offering water]10 affords proof, for it is obligatory, it comes within the category of Sabbath rest, yet it cannot override the Sabbath. Wonder not that these [other acts] also, although they are obligatory and come within the category of Sabbath rest, do not override the Sabbath. R. Eliezer said to him: Thereon, too, do I base my inference; if slaughtering, which comes within the category of work, overrides the Sab¬ bath, should not sprinkling [the Sin-offering water] override the Sabbath in that it [only] comes within the category of Sabbath rest? R. Akiba said to him: Nay, on the contrary! — if sprinkling [the Sin-offering water] which [only] comes within the category of Sabbath rest does not override the Sabbath, does it not follow that slaughtering, which comes under the category of work, cannot override the Sabbath? R. Eliezer said to him: * But the Halakah is not according to him; it was permitted to move the staves about on the Sabbath, since the rabbinical rules of the Sabbath rest (as distinct from work which is forbidden by Scripture) did not apply in the Temple. Cf. Erub. io,r Also the slaughter¬ ing of the Passover-offering overrides the Sabbath. s The parts specified in Lev. 3*-4.

* See Midd. 2J. 5 Such as Scripture forbids. See Shab. 7’, 6 Extra restrictions imposed by rabbinical authority only. See Erub. to’’ “.

7 By Ex.!2l* the preparing of necessary food is permissible on a Festival-day.

9 On a Festival-day slaughtering is voluntary, but at Passover it is compulsory.

19 See Num. 1918., especially v. 19. Cf. p. 697, n. 3. If the third or seventh day falls on a Sabbath, by rabbinical ruling the sprinkling is forbidden. It is obligatory in that unless the unclean person has received the prescribed sprinklings he cannot slaughter the Passover lambs.

144 SECOND DIVISION: MOED Akiba, wouldest thou uproot1 what is written in the Law, Between the evenings in its appointed time,2 — whether this be a weekday or a Sabbath? He answered: Rabbi, bring me an ‘appointed time’ [enjoined in the Scriptures] for these acts equal [in its explicitness] to the ‘appointed time’ [enjoined] for slaughtering [the Passover-offering]! R. Akiba laid down a general rule:3 Whatsoever work4 can be done on the day before the Sabbath cannot override the Sabbath. Slaughtering which cannot be done on the day before the Sabbath overrides the Sabbath.

3. When may a man bring also a [freewill] festal-offering?5 When the Passover-offering is offered on a weekday, and in cleanness, and is in- ] sufficient. But when it is offered on a Sabbath, or is sufficient, or [is offered] in uncleanness, none may bring a [freewill] festal-offering.

4. The [freewill] festal -offering mav be taken from the sheep or from the oxen, from the lambs or from the goats, from the males or from the females, and consumed during two days and one night.6 5. If on the Sabbath a man slaughtered a Passover-oifering under some other name, he is thereby liable to a Sin-offering;7 with any other animal¬ offering, if it was slaughtered as a Passover-offering and was not fitted [for the Passover-offering], he is culpable;8 and if it was fitted, R. Eliezer declares him liable to a Sin-offering, but R. Joshua declares him exempt. R. Eliezer said: What! if the Passover-offering is permitted [to be slaugh¬ tered on the Sabbath] when [it is slaughtered] under its own name, though a man is culpable if [he slaughtered it] under some other name, is not the inference that, with other animal-offerings, which [in any wise] are forbidden9 [to be slaughtered on the Sabbath] even when [slaughtered] under their own name, a man is culpable if [he slaughtered them] under some other name? R. Joshua answered: No! as thou arguest of the Passover-offering that was slaughtered under some other and for¬ bidden name, wouldest thou argue of [other] animal-offerings that were slaughtered under some other but permitted name? R. Eliezer said to him: The public offerings 10 afford proof, since they are permitted when slaughtered [on the Sabbath] under their own name, yet he that slaughters [other offerings] under that name [on the Sabbath] is culpable. R. Joshua answered: No! as thou arguest concerning public offerings, whose number has a limit, wouldest thou argue concerning the Passover-offerings whose number has no limit? R. Meir says: Howbeit he that slaughters [other animal-offerings on the Sabbath] under the name of the public offerings is not culpable.

6. If a man slaughtered [the Passover-offering on the Sabbath] for such as could not eat of it, or for such as were not numbered among them that should eat of it, or for the uncircumcised or the unclean, he is culpable; but if both for such as could and for such as could not eat of it, or both for * Arising from the Passover-offering.

Heb. hagigah; but it is not identical with the compulsory offering, Rt’iyyah, dealt with in the tractate Hagigah. The offering here spoken of was intended to supplement if need be the meal on the night of Passover. Unlike the Passover-offering itself, the slaughtering of it does not override the Sabbath or the laws of cleanness (see below, 7*).

4 i.e. on the 14th and 15th, and the night between them, whereas the Passover lamb must be a male from the sheep or the goats, and eaten during the night of the 15th.

7 Lev. 4,,a. It does not, like the Passover-offering, override the Sabbath.

* i.e. in a categoiy of offering forbidden to be slaughtered on the Sabbath.

10 Such as the Daily Whole-offering.

such as were and for such as were not numbered among them that should eat of it, or both for the circumcised and for the uncircumcised, or both for the clean and for the unclean, he is not culpable. If he slaughtered it and it was found to have a blemish, he is culpable. If he slaughtered it and it was found to be terefah 1 within, he is not culpable. If he slaughtered it and it then became known that the owners had withdrawn from sharing in the eating of it or had died or had contracted uncleanness, he is not culpable, since he had slaughtered it permissibly.

7. 1. How do they roast1 the Passover-offering? They bring a skewer of pomegranate-wood and thrust it through from its mouth to its buttocks, laying its legs and its entrails inside it. So R. Jose the Galilean. R. Akiba says: That would be of the nature of cooking:3 but, rather, they hang them outside it.

2. The Passover-offering is roasted neither on a [metal] spit nor on a grill. R. Zadok said: Rabban Gamaliel once said to his slave Tabi, ‘Go and roast the Passover-offering for us on the grill’. If it touched the earthen¬ ware of the oven, that part must be pared away.4 If some of its juice dripped on to the earthenware and dripped again on part of the carcase, that part must be taken away. If some of its juice dripped on to the flour, he must take a handful away from that place [and bum it].

3. If it had been basted with Heave-offering oil, they may eat it if they are a company of priests; but if they were Israelites,5 it must be rinsed if it was raw, and if roasted the surface must be pared off. If a man basted it with Second Tithe oil its value may not be charged to the members of the company, since Second Tithe may not be sold in Jerusalem.6 4. Five things may be offered in uncleanness but they may not be eaten in uncleanness: the Omer,7 the Two Loaves [of Pentecost],8 the Shewbread,9 the Peace-offerings of the congregation,10 and the goats offered at the New Moon.” If the Passover-offering is offered in uncleanness it may also be eaten in uncleanness, since from the beginning it was offered only to be eaten.

5. If the flesh contracted uncleanness but the fat continued [clean], the blood is not tossed [against the base of the Altar]; if the fat contracted uncleanness but the flesh continued [clean], the blood is tossed. But it is not so with the other offerings, for even if the flesh contracted uncleanness and only the fat continued [clean], the blood may be tossed.

6. If the congregation or the greater part thereof contracted uncleanness, or if the priests were unclean but the congregation clean, the Passover may be kept in uncleanness. If the lesser part of the congregation contracted uncleanness they that are clean keep the first Passover and they that are unclean the second.12 7. If the blood of a Passover-offering had been tossed [against the base of the Altar] and it was afterward known that it was unclean, the [High Priest’s] frontlet effects acceptance,13 but if the person [of any of the par¬ takers] was unclean the frontlet does not effect acceptance; because they 1 App. I. 47. 2 In fulfilment of the terms of Ex. 12*"*.

2 Since its entrails and legs were, as it were, laid in a pot.

* Because it was not directly ‘roast with fire’ but by the heat of the oven-side. So, too, with the juice that had touched the side. 5 i.e. non-priests.

146 SECOND DIVISION: MOED have said: For the Nazirite1 and for him that keeps the Passover the frontlet effects acceptance where there is uncleanness of the blood, but the front- let does not effect acceptance where there is uncleanness of the [partaker’s] person. If a man contracted uncleanness by uncleanness from the deep,2 the frontlet effects acceptance.

8. If the whole or the greater part [of the Passover-offering] contracted uncleanness it must be burnt before the BirahJ with wood for the Altar- hearth. If the lesser part, or what remained over,4 contracted uncleanness they may burn it in their own courtyards or on their own roofs with their own wood. The niggardly burn it before the Birah to enjoy the use of the wood for the Altar-hearth.

9. If the Passover-offering was taken out [of Jerusalem] or contracted uncleanness, it must be burnt at once. If its owners contracted unclean¬ ness or died, its appearance must be spoilt5 and it must be burnt on the 16th [of Nisan]. R. Johanan b. Baroka says: This, too, should be burnt at once, since there is none to eat thereof.

10. The bones and sinews and what remains over must be burnt on the 1 6th. If the 1 6th falls on a Sabbath they must be burnt on the 17th, since they override neither the Sabbath nor a Festival-day.

11. All that can be eaten of a full-grown ox can be eaten of a small kid, even the ends of the shoulder-blades and the gristly parts. If a man breaks a bone6 of a clean Passover-offering he incurs the Forty Stripes.7 But if he suffers aught to remain from a clean [Passover-offering] or breaks a bone of one that is unclean, he does not incur the Forty Stripes.

12. If the limb [of a Passover-offering] projected outside8 [the wall of Jerusalem] it must be cut away until the bone is reached, and the flesh then pared off until the joint is reached, and then it may be cut off. With other offerings it may be chopped off with a chopper, since they do not come under the rule of ‘the breaking of a bone’. From the jamb of the door inwards counts as inside, and from the jamb of the door outwards counts as outside; the windows and the thickness of the wall count as inside.

13. If two companies ate [the Passover-offering] in the one room these should eat with their faces turned in one direction and the others should eat with their faces turned in the other direction, with the kettle9 between them; and when the servant10 stands up to mix the cups [of the other company] he should close his mouth and turn his face the other way until he [again] reaches his own company and goes on eating. And a bride should turn her face aside while she eats.

8. 1. If a woman was living in her husband’s house and her husband slaughtered [the Passover-offering] for her, and her father slaughtered for her, she shall eat from that of her husband. If she went to keep the first Feast11 in her father’s house, and her father slaughtered for her and her husband slaughtered for her, she shall eat it in which place she will. An orphan for whom [many] guardians have slaughtered may eat it in which 1 Num. 6 1#. 2 From a hidden or unsuspected crave. Cf. Naz. g’; Par. 3** *.

* On the 14th; or on the night of the 15th; outside the house where it is being eaten. It offends against Ex. 124*.

9 In which the water is wanned for mixing with the wine.

10 Who shares with one company and serves both.

11 After her marriage.

place he will. A slave belonging to jointholders may not eat from the Passover-offering of both. He that is half-slave and half-free1 may not eat from that of his master.

2. If a man said to his slave, ‘Go and slaughter the Passover-offering for me’, and he slaughtered a kid, the master may eat of it; and if he slaugh¬ tered a lamb he may eat of it. If he slaughtered both a kid and a lamb he should eat of the first [that was slaughtered]. If he forgot what his master told him, [whether it should be a kid or a lamb,] what should he do? Let him slaughter a lamb and a kid and say, ‘If my master told me to slaughter a kid, let the kid be his and let the lamb be mine; and if he told me to slaughter a lamb let the lamb be his and let the kid be mine*. If his master forgot what he told him, they must both go forth to the place of burning, but they are exempt from keeping the Second Passover.

3. If a man said to his sons, ‘I will slaughter the Passover-offering for whichsoever of you shall first come up to Jerusalem’, so soon as one has put his head and the greater part of his body inside [Jerusalem] he has gained his portion; and he must grant portions to his brothers also. Others may always be received within the number so long as there remains an olive’s bulk of the Passover-offering for each one. They may be received within the number and withdraw from it until such time as it is slaughtered. R. Simeon says: Until the blood is about to be tossed on his behalf.

4. If a man invited others [to share] with him in his portion, the other members of the company have the right to give him [only] what belongs to him, and he [with them that he has invited] eats of what belongs to him while the others eat of what belongs to them.

5. If a man that had a flux2 suffered two issues, they may slaughter for him on his seventh day;3 if he suffered three, they may slaughter for him on his eighth day. A woman that awaits day against day,4 for her they may slaughter on her second day. If she suffered flows for two days, for her they may slaughter on the third day. A woman that had a flux,5 for her they may slaughter on her eighth day.

6. They may slaughter for one that mourns his near kindred,6 or for one that clears away a ruin7; so, too, for one whom they have promised to bring out of prison, for a sick man, or for an aged man that is able to eat an olive’s bulk. For none of these in particular may they slaughter, lest they cause the Passover-offering to become invalid.8 Therefore if aught befell any of them to make them ineligible, they are exempt from keeping the Second Passover,’ excepting him that clears away a ruin, since he was [liable to become] unclean from the first.

7. They may not slaughter the Passover-offering for one person. So R. Judah. But R. Jose permits it. They may not slaughter it even for ♦ Meg. z*; Hor. i5; Nidd. 4’; Zab. 1*. A menstruant who suffered an issue during the eleven days between one fixed period and the next, and having immersed herself on the next day, awaits a complete day free of a flow, after which she is deemed clean; thus on her second day, if this begins on Passover night, she may eat of the Passover-offering. * Lev. 15“®.

6 He is forbidden to eat of Hallowed Things (cf. Deut. 26**) throughout the day in which his father, mother, brother, sister, son, daughter, or wife have died; also, by rabbinical authority only, throughout the following night (and the following day also if the burial is delayed until then).

7 To rescue one who may be found dead, so rendering the rescuer unclean. Cf. Yom. 87.

8 The Munich codex adds: 'but they may slaughter for them together with others’.

See s’. * Because the offering was valid when its blood was tossed.

SECOND DIVISION: MOED a company of a hundred that are not able to eat an olive’s bulk, nor may a company be made up of women, slaves, and minors.

3. He that mourns his near kindred may, after he has immersed himself, eat the Passover-offering in the evening, but he may not eat of [other] Hallowed Things. 1 If a man heard of the death of one of his near kindred or caused the bones of his dead to be gathered together,2 he may, after he has immersed himself, eat of Hallowed Things. The School of Shammai say:3 If a man became a proselyte on the day before Passover he may immerse himself and consume his Passover-offering in the evening. And the School of Hillel say: He that separates himself from his uncircumcision is as one that separates himself from a grave.4 9. 1. If any man...shall be unclean...or be in a journey afar off 5 and he has not kept the First [Passover], let him keep the Second. If through error or constraint he did not keep the First, iet him keep the Second. If so, why is it said, [If any man...] shall be unclean...or in a journey afar off? Because these are not punishable by Extirpation, but others are punishable by Extirpation.

2. What counts as a journey afar off? Beyond Modiith,6 or a like dis¬ tance in any direction. So R. Akiba. R. Eliezer says: Beyond the threshold of the Temple Court. R. Jose said: Therefore there is a point over the He f as if to say, Not because it is indeed afar off, but [only as far off as] beyond the threshold of the Temple Court.

3. Wherein does the First Passover differ from the Second? To the first apply the prohibitions It shall not be seen and It shall not be found? whereas at the Second a man may have both unleavened bread and hametz with him in the house. At the eating of the First, the Hallel9 must be sung, but at the eating of the Second, the Hallel need not be sung. Both re¬ quire the Hallel to be sung while they are preparing, and both are eaten roast with unleavened bread and bitter herbs, and both override the Sabbath.

4. If the Passover-offering was offered in uncleanness,10 men or women that a suffer a flux or menstruants1 1 or women after childbirth12 may not eat thereof, yet if they ate thereof they are not punishable by Extirpation.1 3 R. Eliezer declares them exempt even if [in like case]14 they enter the Temple.