s Whose pre-ordained weekly course fell during the seven days of the Feast. They have the right to all offerings that are not specially prescribed for the Feast.
6 After their week of service was completed. 7 1 Chron. 24**.
* They had lost the usual rights belonging to the Courses of priests. The reasons given (t. Sukk. 4“) are that Miriam, the daughter of one among their number, had married a Greek soldier and had denounced the priesthood; or that they had been so dilatory in their duty that the Course of Jeshebeab replaced them.
* At the north side at which they should have slaughtered (Midd. 3*).
10 In which the priestly vestments were kept (Tam. 5*). It was to the north of the Nicanor Gate.
«« On the tat and 7th days of Passover, the tst and 8th days of Tabernacles, the day of Pentecost, and New Year’s Day, all work is forbidden. See Lev. 23’' *• **• “• **• Whatever is forbidden on the Sabbath (See Shab. 7’) is forbidden on a Festival-day except the prepara¬ tion of necessary food (Ex. 12'*), and only such as is necessary for that day; thus slaughtering, flaying, kneading, cooking, or baking are permissible, but what could equally well have been done the day before (reaping, threshing, grinding, sifting, or hunting) are forbidden. But these permissible acts require that preparation be made for them before the Festival-day. Objects needed must be ’set in readiness’. Contrariwise, whatever was laid aside, without previous intention of use, may not be used on a Festival-day. This includes what was not previously in existence (e.g. an egg laid on a Festival-day) or what first became fit for use on the Festival-day, or what serves to the performance of some forbidden act, e.g. a needle or the like.
** Lit. ‘an egg’. This alternative title is given to the tractate from its opening word.
u See Eduy. 4*. 14 The same day. IS Until the day is over.
SECOND DIVISION: MOED School of Shammai say: An olive’s bulk of leaven and a date’s bulk of what is leavened.1 And the School of Hillel say: An olive’s bulk of either.2 2. If3 a man slaughtered a wild animal or a bird on a Festival-day, the School of Shammai say: He may dig with a mattock and cover up [the blood].4 And the School of Hillel say: He should not slaughter unless he had earth set in readiness [to cover up the blood] from the day before. But they agree that if he had slaughtered, he may dig with a mattock and cover up [the blood]. [Moreover they agree] that the ashes of a stove may count as set in readiness.
3. The School of Shammai say: They may not remove a ladder from one dovecot to anothers but only incline it from one opening to another [of the same dovecot]. And the School of Hillel permit it. The School of Shammai say: A man may not take [pigeons for slaughtering on a Festival- day] unless he stirred them up6 the day before. And the School of Hillel say: He need only go up and say, ‘This one and this one shall I take’.
4. If he had bespoken black ones but found white, or white ones but found black; or two but found three, they are forbidden; [but if he had bespoken] three but found two they are permitted. [If he had bespoken birds] within the nest and found them in front of the nest, they are for¬ bidden. But if none save these were there they are permitted.
5. The School of Shammai say: They may not take off cupboard doors7 on a Festival-day. But the School of Hillel even permit them to be put back. The School of Shammai say: They may not lift up a pestle8 to hack meat on it. And the School of Hillel permit it. The School of Shammai say: They may not put a hide before the treading-place9 and they may lift one up only if there is an olive’s bulk of flesh on it.10 And the School of Hillel permit it. The School of Shammai say: They may not carry out a child or a Lulab 11 or a scroll of the Law into the public domain. And the School of Hillel permit it.
6. The School of Shammai say: They may not take Dough-offering12 or [Priests’] Dues’3 to the priest on a Festival-day whether they were set apart on the day before or on the same day. And the School of Hillel permit it. The School of Shammai replied with an analogy: Dough-offering and [Priests’] Dues are a gift to the priest, and the Heave-offering14 is a gift to the priest; as they may not bring Heave-offering, neither may they bring [Priests’] Dues. The School of Hillel replied: No! as ye argue of Heave¬ offering (which a man has not the right to set apart15 [on a Festival-day]) would ye also argue of [Priests’] Dues (which a man has the right to set apart [on a Festival-day])?16 7. The School of Shammai say: Spices may be pounded with a wooden * May not be suffered to remain at Passover (referring to Ex. 13’).
2 The Cambridge text adds: ‘If a beast was bom on a Festival-day they agree that it is permitted, but if a chicken was hatched from an egg they agree that it is forbidden.’
s To bring down the birds that are to be slaughtered.
4 Handled those which he proposed to eat the next day, to see if they were fat enough.
7 As transgressing the rule forbidding building and pulling down (Shab. 7*).
* Generally used m pounding grain; the rule against ‘grinding’ would therefore apply to it.
’Asa door-mat, since trampling on it constitutes the work necessary for preparing it for use.
10 Since only what is needful for necessary food may be carried about on a Festival-day.
'> Lit. ‘gifts’. Deut. 18*, ‘the shoulder, and the two cheeks, and the maw’. See Hull. iolfl.
1 5 Since it is set apart in concluding the storing of the produce and counts as an act of work.
14 Since slaughtering is permitted.
pestle and salt in a cruse and with a wooden pot-stirrer. And the School of Hillel say: Spices may be pounded after their usual fashion with a stone pestle, and salt with a wooden pestle.
8. If a man picked out pulse on a Festival-day, the School of Shammai say: He must [forthwith] eat the edible parts as he picks them out. And the School of Hillel say: He may pick them out after his usual fashion, into his lap or into a basket or into a dish; but not on to a board or into a sifter or sieve.1 Rabban Gamaliel says: He may even swill them and separate the husks.
9. The School of Shammai say: They may send only [prepared] portions2 as gifts on a Festival-day. And the School of Hillel say: They may send cattle, wild animals or birds, whether alive or slaughtered. They may send wine, oil, flour, or pulse, but not grain.3 But R. Simeon permits grain.4 10. They may send articles [of apparel] whether sewn up5 or not [yet] sewn up,6 even though there are Diverse Kinds [of stuff]7 in them, if they are to serve [only] the need of the Feast;8 but not a nailed sandal9 * or an unsewn shoe.*0 R. Judah says: Nor even a white shoe, since it requires a craftsman [to blacken it]. This is the general rule: whatsoever a man can [forthwith] make use of may be sent [as a present] on a Festival-day.
2. 1. If a Festival-day fell on the eve of Sabbath, a man may not cook on the Festival-day food [intended] from the outset for the Sabbath; but he may cook food [intended solely] for the Festival-day, and if any is left over, it is left over for the Sabbath; or he may prepare a dish on the eve of the Festival-day and depend on it for the Sabbath.11 The School of Shammai say: Two dishes. And the School of Hillel say: One dish. But they agree that a fish covered with an egg counts as two dishes. If the dish [intended for the Sabbath] was eaten or lost, a man may not cook another anew in its stead, but if aught soever of it remained, he may depend on that for the Sabbath.
2. If a Festival-day fell on the day after the Sabbath, the School of Shammai say: All [that need it] must be immersed on the day before the Sabbath. And the School of Hillel say: Vessels [must be immersed] before the Sabbath, but men [may immerse themselves] on the Sabbath.
3. Howbeit they agree that [on a Festival-day] they may render [unclean] water clean by [surface] contact12 in a stone vessel, but they may not immerse it;13 and that they may immerse [vessels on a Festival-day] if they are to be changed from one use to another,14 or [at Passover] from one company to another.
1 Lest he appear to be preparing food for the next day.
I That must needs be consumed the same day. 3 Which would need to be ground.
♦ It may be cooked forthwith. s Ready as clothing, 4 They can be used as coverings. 7 Deut. 22". See Kil. 9'°.
® Not as clothing but, e.g., as a table-cloth. * Shab. 6*.
10 Which still needs craftsman’s labour.
II This is the rule known as Erub tabskiiim ('amalgamation of cooking’) by which, by a formal beginning of the cooking for Saturday on Thursday before sunset (the eve of Friday, when this is a Festival-day), the cooking for Saturday may be continued after sunset, i.e. on the Festival-day itself.
11 See Mikw. 6*. Foodstuffs and liquids once unclean can never be rendered clean. The only exception is water. If this becomes unclean it is sufficient to dip a stone vessel contain¬ ing the unclean water into clean water, and so soon as the two waters make contact, ‘even by a hairsbreadth’, the unclean becomes clean.
1 J Together with a containing vessel that is unclean.
Cf.Hag.2*•^ E.g. if he had immersed them for Heave -offering and then determined to 184 SECOND DIVISION: MOED 4. The School of Shammai say: They may bring Peace-offerings [on a Festival-day] and not lay their hands thereon but they may not bring Whole-offerings.2 And the School of Hillel say: They may bring both a Peace-offering and Whole-offerings and lay their hands thereon.
5. The School of Shammai say: A man may not heat water ior his feet unless it is also such as could be drunk. And the School of Hillel permit it. A man may make a fire and warm himself before it.
6. In three things3 Rabban Gamaliel gives the more stringent ruling following the opinion of the School of Shammai: Hot food may not be covered up on a Festival day for the Sabbath,4 nor may a candlestick be put together5 on a Festival-day; nor may bread be baked into large loaves6 but only into thin cakes. Rabban Gamaliel said: Never did my father’s household bake bread into large loaves but only into thin cakes. They said to him: What shall we infer from thy father’s household, which applied the stringent ruling to themselves but the lenient ruling to Israel, so that they might bake the bread both in large loaves and thick cakes!
7. Moreover7 he gave three opinions applying the more lenient ruling: They may sweep up between couches8 and put the spices5 on the fire on a Festival-day, and prepare a kid roasted whole on Passover night.10 But these things the Sages forbid.
8. Three things" did R. Eleazar b. Azariah permit and the Sages forbid: A man’s cow' may go out [on the Sabbath] with the strap that is between its horns, and they may curry cattle on a Festival-day, and grind pepper in its proper mill. R. Judah says: They may not curry cattle on a Festival- day since it may cause a weal, but they may comb them. And the Sages say: They may neither curry them nor comb them.
9. Pepper-mills are susceptible to uncleanness by virtue of [falling within] three categories of utensil: a utensil which has a receptacle,12 a metal utensil,13 and a utensil used for sifting.14 10. A child’s cart is susceptible to mufrar-uncleanness,15 and it may be carried [by hand] on the Sabbath,16 but it may not be dragged save over [other] articles.17 R. Judah says: No articles may be dragged ex¬ cepting a wagon, since this only presses [the earth without breaking the surface].
3. 1. They may not catch fish from a vivarium on a Festival-day or put food before them; but they may catch wild animals and birds from a vivarium and put food before them. Rabban Simeon b. Gamaliel says: immerse them for something of a higher sanctity, e.g. flesh of animal-offerings, he may do so on a Festival-day. So, too, if he had immersed himself preparatory to joining one company to eat the Passover lamb, and then determined to join himself to another company who required a higher degree of sanctity, he may immerse himself again on the Festival-day itself.
1 Lev. 3*. Laying on of hands was done with the exertion of much pressure, therefore (according to the School of Shammai) it was forbidden in virtue of the rabbinically ordained rules of ‘Sabbath rest’ (cf. Erub. 10s' “). See Hag. 2*.
1 Since these cannot count as ‘necessary food’ as can Peace-offerings (which, except for their sacrificial portions, are consumed by their owners). Freewill offerings are here meant.
3 Eduy. 31*. 4 It counts as cooking for the Sabbath (see above, 21).
s It counts as building (Shab. 7*). 6 It involves burdensome labour.
10 The Sages forbid this (namely after the destruction of the Temple) as seeming to eat of the Passover offering outside of Jerusalem (cf. Pes. 7“).
II Eduy. 3'*. Cf. Shab. 5*. 12 See Kel. iil. 13 See Kel. 11*.
14 Cf. Kel. 161; 174. >5 App. I. 26. As being an article used within a house.
Such as matting. Otherwise it breaks the surface of the ground, transgressing the rule (Shab. 7*) against ploughing.
Not all vivaria are alike. This is the general rule:* What must still be hunted is forbidden, but what needs not to be hunted is permitted.
2. If traps for wild animals, birds or fish were set on the eve of a Festival- day, what are caught mav not be taken out on the Festival-day unless it is known that they were caught during the eve of the Festival-day. A gentile once brought fish to Rabban Gamaliel. He said, ‘They are permitted but I have no wish to accept them from him’.
3. A beast at the point of death may be slaughtered only if there is time enough on that day to eat from it an olive’s bulk of roast flesh.2 R. Akiba says: Even an olive’s bulk of raw flesh [suffices] from the slaughtering wound.3 If it was slaughtered in the field, a man may not bring it in on a pole or a barrow, but he may bring it in piece by piece in his hands.
4. If a Firstling4 fell into a pit, R. Judah says: Let a skilled person go down and look at it; if it has incurred a blemish let him bring it up and slaughter it; otherwise it may not be slaughtered. R. Simeon says: In that its blemish was not perceived on the day before, it cannot count as what is set in readiness.
5. If a beast died it may not be moved. They once asked R. Tarfon touching this matter and Dough-offering5 that wras become unclean. He went into the House of Study and inquired, and they answered: They may not be moved.
6. They may not allot shares6 in a beast from the outset on a Festival- day, but if they have done so on the eve of a Festival-day they may slaughter it and divide it between them. R. Judah says: They may take the weight of flesh using a vessel or a hatchet for a weight. But the Sages say: They may not use scales at all.
7. They may not whet a knife on a Festival-day, but they may draw it over another knife. A man may not say to the butcher, ‘Sell me7 a denar's worth of flesh’, but he may slaughter [the beast] (and they can share it together.
8. A man may say to a shopkeeper,8 ‘Fill me this vessel’, but not ‘with the measure’. R. Judah says: If it was a measuring-vessel he may not fill it. It is told how Abba Saul b. Batnith used to fill up his measures on the eve of a Festival-day and give them to his customers on the Festival-day. Abba Saul says: He used also to do so during mid-festival6 for10 the sake of clearness of measure. And the Sages say: He used also to do so on an ordinary day for the sake of exactness of measure.11 A man may go to the shopkeeper with whom he is familiar* 1 and say to him, ‘Give me eggs and nuts by number’, for such is the way of a householder to make his reckon¬ ing in his own home.
4. 1. If a man took jars of wine from place to place he should not take them in a basket or hamper'3 but on his shoulder or in front of him. So, I Otherwise this would be preparing food on a Festival-day for another day.
3 If there is no time to flay the beast.
♦ Which may be slaughtered outside the Temple only if it has incurred a blemish. Deut.
6 Since, knowing its weight and market-price, they would be transacting business.
* The 2nd to the 6th days of Passover, and the 2nd to the 7th days of Tabernacles.
10 Some texts omit the rest of the sentence. •> To avoid measuring in haste.
II And the shopkeeper trusts him to settle the reckoning after the Festival-day.
11 Ashe would on a week-day.
l86 SECOND DIVISION: MOED too, if a man removed chopped straw he should not hang the hamper behind him but bring it in his hand. He may newly break into a stack of chopped straw,1 but not into wood that is [stored away] in the rear-court.2 2. They may not take any of the wood from the [structure of the] Sukkah 3 but only what lies against it. They may bring out of the field wood from what has been collected together and, out of an outer-area,4 even what is scattered about. What counts as an ‘outer-area’? Any area adjoining the town. So R. Judah. R. Jose says: Any enclosure that one must enter with a key and that is also within the Sabbath limit.5 3. They may not split firewood from beams or from a beam broken on a Festival-day; nor may they split wood with an axe or a saw or a scythe, but only with a chopper.6 If a house was full of produce and blocked up, but with a breach therein, one may take [produce] from the breach. R. Meir says: One may even breach it7 from the outset and take therefrom.
4. A man may not make a hole in a lump of clay for a lamp, since he would be making a vessel. They may not make charcoal, or sever a wick into two. R. Judah says: One may sever it with a flame between two lamps.8 5. They may not break a potsherd or cut paper to roast salt-fish thereon; nor may they clear out an oven or stove, but they may level down the ashes; nor may they put two jars close together to set the pot thereon, nor may they prop up a pot with a chip, and the same applies to a door. And they may not lead out cattle with a staff on a Festival-day. But R. Eleazar b. R. Simeon permits it.
6. R. Eliezer says: A man may take a wood-splinter to clean his teeth from what lies before him, and heap up what is in the courtyard to make a fire, for whatsoever is in the courtyard counts as set in readiness. But the Sages say: He may heap up only what lies before him to make a fire.
7. They may not produce fire9 out of wood,10 stone,” earth12 or water,13 nor may they heat tiles white hot to roast thereon. Moreover, R. Eliezer said: A man may stand by the rear-court14 on the eve of a Sabbath15 in the Seventh Year16 and say: From this part will I eat to-morrow. But the Sages say: Only if he marks it out and says, ‘From here to there’.
5. I. They may let down fruit17 through a hatchway18 on a Festival-day, but not on a Sabbath; and they may cover up fruit with vessels because of dripping rain; so, too, jars of wine and oil. Even on the Sabbath they may set a vessel to catch dripping rain.
2. Any act that is culpable on the Sabbath, whether by virtue of the * Its use is not confined to the cooking of necessary food, but it might be used for building.
* A smaller implement used for cutting up flesh is here meant.
7 If it was built of loose stones.
8 The two ends of one wick are put into two lamps (the flat saucer-shaped lamps are meant with wick-nozzles on the rims) and a light applied to the middle of the wick between the lamps.
7 On the Festival-day. This would be to bring into existence what was not already in readiness. He may only use flame or brands kindled the day before.
10 By rubbing two sticks together. 11 By friction with metal.
11 Perhaps sulphur or the like.
13 'A glass vessel is filled with water and put in a hot sun; the glass emits flame which will kindle a wick brought near to it’ (Bert.).
14 Where fruit is spread out to dry; and since the fruit’s preparation is not complete it is tithe-free. is Wnen it is forbidden to tithe.
,6 Lev. 25m. In the Seventh Year fruit is tithe-free.
17 Spread out on the roof to dry.,8 Opening through the roof. Cf. Ohol. to1*.
rules concerning Sabbath rest1 or concerning acts of choice or concerning pious duties, is culpable also on a Festival-day. And these [acts are culpable] by virtue of the rules concerning Sabbath rest: none may climb a tree or ride a beast or swim on water or clap the hands or slap the thighs2 or stamp with the feet.3 And these [acts are culpable] by virtue of the rules concerning acts of choice: none may sit in judgement or conclude a betrothal or perform halitzah 4 or contract levirate marriage. s And these [acts are culpable] by virtue of the rules concerning pious duties: none may dedicate aught6 or make a vow of Valuation7 or devote aught8 or set apart Heave-offering9 or Tithes.10 All these things have they prescribed [as culpable] on a Festival-day: still more so [are they culpable] on the Sabbath. A Festival-day differs from the Sabbath in naught save in the preparing of needful food.
3. A man’s cattle and utensils” are [restricted to the same limits] as his feet. If a man committed his beast to his son or to his herdsmen, they are [restricted to the same limits] as his feet. If utensils are for the use in particular of one among brethren that are in a house, they are [restricted to the same limits] as his feet; but if they are not for his use in particular, they may go [only] where all [the brethren] may go.1 2 4. If a man borrowed a vessel from his fellow on the eve of a Festival-day it is [restricted to the same limits] as the feet of the borrower; but if on a Festival -day, as the feet of the lender. If a woman borrowed from her fellow spices, water, and salt for her dough, these are [restricted to the same limits] as the feet of them both.13 R. Judah exempts the water since it has no abiding substance.14 5. A burning coal is [restricted to the same limits] as its owner, but the flame [may spread] anywhere.15 The law of Sacrilege16 applies to a burning coal belonging to the Temple; no use may be made of its flame, yet none thereby commits Sacrilege. If17 a man thrust out a burning coal into the public domain [on the Sabbath] he is culpable; but if he took out the flame [alone] he is not culpable. If a cistern belonged to one person [its water is restricted to the same limits] as that person, and if it belonged to the people of that town [its water is restricted to the same limits] as the people of that town;18 and that of them that returned from Babylon19 [is restricted to the same limits] as the feet of him that draws water therefrom.
6. If a man’s produce was in another town and the men of that town made Erub 20 in order to bring to him some of his produce, they may not 4 The ceremony prescribed (Deut. 25’*.) when a man refuses to contract levirate marriage, i.e. to marry hi* deceased, childless brother's widow (Deut.
s All these four acts are forbidden since they may lead to writing out some document.
6 Such as the produce of hia field.
7 The ‘commuted vows’ described in Lev. 271'7; see tractate Arakhin.
* See Arak. 8*. » See Terumah, App. I. 48. 10 See Deut. I4**-*.
11 On a Sabbath or Festival -day.
12 e.g. if the various brethren have various Sabbath limits (see p. 120, n. 5), their common property is restricted to the area common to them all.
11 The limit* common to both. 14 It is unrecognizable in the dough.
* J e.g. if a lamp is lit from it, the lamp is not restricted to the limits of the owner of the burning coal. ** ‘Misappropriation’ (Lev. l4~u; see p. 573, n. 2).
17 Some texts omit this sentence.
** 2,000 cubits in every direction beyond the outer-area of seventy and two-thirds cubits (Erub. slfl.).
14 The wells made for the exiles who returned from Babylon. They were ownerless property, and the water from them became the property of him who drew it and lay under the same restrictions as his feet. 20 App. I 8.
l88 SECOND DIVISION: MOED bring it to him;1 but if he himself made Erub, his produce is [free to move within the same limits] as himself.
7. If a man invited guests to his home they may not take away portions with them unless he had granted them possession of their portions on the eve of the Festival-day. They may not give drink to animals of tne wilderness or slaughter them, but they may give drink to household animals or slaughter them. Which are deemed household animals? Such that spend the night in a town. And animals of the wilderness? Such that spend the night in [more distant] pasturage.2 ROSH HA-SHANAH (‘FEAST OF THE NEW YEAR’) 1. 1. There are four3 ‘New Year’ days: on the 1st of Nisan is the New Year for kings4 and feasts;5 on the 1st of Elul is the New Year for the Tithe of Cattle6 (R. Eleazar and R. Simeon say: The 1st of Tishri); on the 1st of Tishri is the New Year for [the reckoning of] the years7 [of foreign kings], of the Years of Release and Jubilee years,8 for the planting [of trees]9 and for vegetables;10 and the 1st of Shebat is the New Year for [fruit-]trees (so the School of Shammai; and the School of Hillcl say: On the 15th thereof).
2. At four times in the year is the world judged:11 at Passover, through grain; at Pentecost, through the fruits of the tree; on New Year’s Day all that come into the w'orld pass before him like legions of soldiers,12 for it is written, He that fashioneth the hearts of them all, that considereth all their works,11 and at the Feast [of Tabernacles] they are judged through water.14 3. Because of six New Moons do messengers go forth [to proclaim the time of their appearing]: because of Nisan, to determine the time of Passover,15 because of Ab, to determine the time of the Fast;16 because of Elul, to determine the New Year;17 because of Tishri, to determine aright the set feasts;18 because of Chislev, to determine the time of [the feast of] the Dedication;19 and because of Adar, to determine the time of Purim.20 And while the Temple still stood they went forth also because of Iyyar, to determine the time of the Lesser Passover.21 4. Because of two New Moons may the Sabbath be profaned:22 [the New Moon] of Nisan and [the New Moon] of Tishri, for on them messengers I The produce, being his private property, lay under the same restrictions as his feet.
* And so cannot come within the definition of ‘what is set in readiness’.
3 Of these the third, the 1st of Tishri, is alone spoken of throughout the rest of the tractate as "the New Year’. This ‘New Year’ is the feast described in Lev. 23** as ‘a solemn rest unto you, a memorial of blowing of trumpets’, and in Num. 291 as ‘a day of blowing of trumpets’.
♦ From which date was calculated the years of the reign of Israelitish kings; thus if a king was enthroned in the preceding month, Adar, he begins his second year of reign on the following 1 st of Nisan. s See Num. 28**®.
6 Lev. 27**. What was born before the 1st of Elul may not be given as tithe for cattle born on and after the 1st of Elul. Cf. Bekh. 9**.
10 What was gathered before the 1st of Tishri may not be given as tithe for later produce.
11 God’s verdict on the world’s worth is shown by the richness or meagreness of the *s The 15th of Nisan. 16 The Ninth of Ab. See Taan. 4*.
17 Which fails on the tst of the following month.
18 The Day of Atonement and the Feast of Tabernacles.
** Hanukkah, the 25th of Chislev. so The 14th of Adar.
2< 14th of Iyyar. See Num. 9*®.; Pes. g'*1.
II Any who have seen the new moon may transgress the Sabbath limits to go and give evidence before the court of the appearance of the new moon.
used to go forth to Syria, and by them the set feasts were determined. And while the Temple still stood the Sabbath might also be profaned because of any of the New Moons, to determine aright the time of the offerings.1 5. Whether [the New Moon] was manifestly visible or not, they may profane the Sabbath because of it. R. Jose says: If it was manifestly visible they may not profane the Sabbath because of it.
6. Once more than forty pairs [of witnesses] came forward, but R. Akiba in Lvdda restrained them. Rabban Gamaliel sent to him [saying], ‘If thou restrainest the multitude thou wilt put a stumbling-block in their way for the future’.
7. If a father and his son saw the new moon they may [both] go [to bear witness]; not that they can be included together [as a valid pair of wit¬ nesses], but that if one of them is found ineligible the other may be included to make a pair with some other [witness]. R. Simeon says: A father and his son, and any that are near of kin, are eligible to bear witness about the new moon. R. Jose said: Once Tobiah the Physician saw the new moon in Jerusalem, together with his son and his freed slave; and the priests2 accepted him and his son but pronounced his freed slave ineligible. And when they came before the court they accepted him and his slave but declared his son ineligible.
8. These are they that are ineligible:3 a dice-player, a usurer, pigeon- flyers, traffickers in Seventh Year produce,4 and slaves. This is the general rule: any evidence that a woman is not eligible to bring, these are not eligible to bring.
9. If a man saw the new moon but could not walk, he may be taken on an ass [on the Sabbath] or even on a bed; and if any lie in wait for them5 they may take staves in their hands. If it was a far journey they may take food in their hands, since for a journey enduring a night and a day they may profane the Sabbath and go forth6 to bear witness about the new moon, for it is written, These are the set feasts of the Lord, even holy con¬ vocations which ye shall proclaim in their appointed season.7 2. 1. If the witness was not known [to the judges] another was sent with him to testify of him. Beforetime they used to admit evidence about the new moon from any man, but after the evil doings of the heretics8 they enacted that evidence should be admitted only from them that they knew.
2. Beforetime they used to kindle flares, but after the evil doings of the Samaritans9 they enacted that messengers should go forth.