Michael L. (Michael Levi) Rodkinson.

New edition of the Babylonian Talmud; original text, edited, corrected, formulated and translated into English (Volume 18) online

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Online LibraryMichael L. (Michael Levi) RodkinsonNew edition of the Babylonian Talmud; original text, edited, corrected, formulated and translated into English (Volume 18) → online text (page 1 of 21)
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* JUL 9 1903



BM 500 .R6 1896" v. 17-1

Talmud.

New edition of the

^ Babylonian Talmud



v.i7-ia



NEW EDITION



Babylonian Talmud



©riGinal Xlejt, ]EMte&, Correcte&, 3formulate&, an&
XEranslateC) into lEnoltsb



BY

MICHAEL L. RODKINSON



SECTION JURISPRUDENCE (DAMAGES)
TRACTS ABUDA ZARA AND HORIOTH



Volume X. (XVIII.)



NEW YORK

NEW TALMUD PUBLISHING COMPANY
II 17 Simpson Street



EXPLANATORY REMARKS.

In our translation we adopted these principles:

1. Tenan of the original — We have learned in a Mishna; Tania—^i have
learned in a Boraitha; Itemar — It was taught.

2. Questions are indicated by the interrogation point, and are immediately
followed by the answers, without being so marked.

3. When in the original there occur two statements separated by the phrase,
Lishna achrena or Wa'ibayith Aema or Ik ha d'amri (literally, "otherwise interpreted "),
we translate only the second.

4. As the pages of the original are indicated in our new Hebrew edition, it is not
deemed necessary to mark them in the English edition, this being only a translation
from the latter.

5. Words or passages enclosed in round parentheses ( ) denote the explanation
rendered by Rashi to the foregoing sentence or word. Square parentheses [ ] contain
commentaries by authorities of the last period of construction of the Gemara.



Copyright, 1903, m
MICHAEL L. RODKINSON.



CONTENTS.



PAGE

Synopsis of Subjects of Tract Abuda Zara (Idolatry). v



CHAPTER I.

Rules and Regulations Concerning Transaction of Busi-
ness With Heathens on Their Festival Days ; Which
Festivals are Considered, and What Real Estate
May be Sold and Rented, and at What Places



CHAPTER n.

Rules and Regulations Concerning Placing of Cattle
With Heathens, Accepting Cure from Them, and
Concerning Things Which May and May Not Be
Bought from Them 41

CHAPTER HI.

Rules and Regulations Concerning the Deriving of
Benefit from Profaned Idols and Images of Heathens
and Israelites.— Concerning Utensils on Which Are
Engraved the Sun, the Moon and Other Planets. 82



CHAPTER IV.

Concerning Objects Used for Idols.— The Manner in
Which an Idol is Profaned so as to be Allowed for

Use. The Discussions Between the Elders of Rome

on the One Hand and R. Lamaliel, the Prince, on
the Other. — How to Prepare Wine in the Possession
of a Heathen for Israelites 104



iv CONTENTS.

CHAPTER V.

PAGE

Rules and Regulations Concerning Wages and Libation
Wine. — Effects of such Wine when Falling on Fruit
OR Mixing with Other Wine. — Under what Circum-
stances Wine May be Left with a Heathen. — Con-
ditions under which Jewish Wine is Sold to Heath-
ens.— Determination OF Quantity of Libation Wine
Mixed with Other Wine. — How Vessels of Heathen
are to be Altered to Make Them Fit for a Jewish
Table 135



SYNOPSIS OF SUBJECTS



OF



TRACT ABUDA ZARA (IDOLATRY),



CHAPTER. I.



MiSHNA /. Three days before the festival of the heathen, it is for-
bidden to have any business with them. In the future the Lord will take
the Holy Scroll in hand, saying, "He who was occupied with it shall appear
and receive his reward." The kingdom of Rome will then enter first, etc.
After Rome has departed, Persia enters, etc. We have constructed many
bridges, conquered many great cities, we were engaged in many wars, all for
the sake of Israel to enable them to study the law, etc. "Have we then
accepted the Torah, and not fulfilled its commandments? " A Gentile
who is occupied with the study of the law is likened to a High-priest, etc.
"Lord of the Universe, has then Israel, who has accepted the Torah,
observed it? " " Men of ye nations may come and testify that Israel has
observed the Torah. Nimrod may testify, etc. There are twelve hours in a
day, three hours of which the Lord is occupied with the Torah, etc. There
is no smiling by the Lord, since the temple was destroyed. But in the
fourth three hours He teaches, etc. There is no Gehenna in the future.
But the Lord will take out the sun from its sheath, etc. If not for the fear
for government the stronger would swallow the weaker, etc. Concerning
the explanation of (Amos, iii. 2) said R. Abuhuh, I will do it in the form of a
parable. There was once a creditor of two persons, one a friend and the
other an enemy of his. It is advisable for one not to pray singly the addi-
tional benediction in the first three hours at the first day of new year. When
one performs a meritorious act in this world it precedes him in the world to
come. "Three days," etc. Is such a long time needed? is this forbidden
because a Jew must not interfere with the idols, or because " Thou shalt not
put a stone for the blind " ? The prohibition to do business with them
refers only to a thing which can be kept in good order until the festival day.
It is advisable for one to always arrange the praises of the Ominipotent first,
and thereafter to recite the daily eighteen benedictions. The following are
the festivals of the heathens: Kalends, Saturnalia, Kratsin. etc. Adam the
first, on the first day of his creation, when he saw the sun set, cried: " Woe
is to me, the world is to be returned to chaos, etc." Thirty-two battles the
Romans fought with the Greeks, etc. Twenty-six years the Romans kept their



vi SYNOPSIS OF SUBJECTS.

promise to Israel, and thereafter they failed. The twenty-six years are not
counted. The world will continue for six thousand years, the first two
thousand of which were a chaos (Tahu), etc. It happened with Antoninus
(the Caesar of Rome), who said to Rabbi, etc. (See the whole legend, pp.
16-18). Unklus b. Klenimus embraced Judaism, and the Caesar sent militia
to take him, etc. (See the legend, pp. 18-19). There was still another festi-
val in Rome which occurs once in seventy years, on which they would make

a well man ride on a lame man, etc 1-21

MiSHNA IP'. In a city where the idol is placed, interfering is forbidden
inside, but not outside. If, during an idol festival in the city, some
stores were there decorated, one must not buy, etc. The following are for-
bidden to be sold to the heathens; Fir-cones, etc. We have a tradition that
the tract Aboda Zara of Abraham the patriarch contained four hundred chap-
ters, etc. Where it is customary to sell small cattle to heathens it is lawful
to do so, etc. One must not sell to them bears, lions, and all such things, by
which the people can be injured, etc. I walked in the upper market of
Ciporas, and I met one of the minim, named Jacob, of the village of Sac-
hania. So taught Josa B. Southyra, etc. (See foot-note, p. 27.) The legend
of Eliazer ben Durdaya (28). The leech hath two daughters (crying),
" Give, give," i.e. minunism — and the government, which are never satisfied,
etc. Raba sold an ass to an Israelite who was suspected of selling it to a
heathen, etc. He who occupies himself with the Torah, but does not observe
bestowing of favors, is similar to him who denies God. The Legend of
Eliezer b. Sarta and Chanina b. Tradion when captured by government,
p. 29, 30. How Chanina was burned together with the holy scrolls, and
what became of his wife and daughter, p. 31, 32. The redeeming of latter
by R. Mair (Baal Hanes), p. 33. Happy is he who conquers his evil spirit,
as a heroic man, etc. It is advisable to divide one's years into three parts:
one-third for the study of Scripture, the second Mishna, and the third Tal-
mud, etc. R. Aqiba when he saw the wife of Tornus Rupers, he laughed and
wept, etc. Houses must not be rented to the heathens in Palestine, etc.
One must not rent his bath-house to a heathen, but how is it to a Samaritan?
etc . 21-40



CHAPTER II.

Mishna I. Cattle must not be placed in the inns of the heathens.- (See
foot-note, p. 41.) "And the cows went straight forward," etc. What does
this expression mean? It reads (Jos. x. 13): "And the sun stood still,
written in the book of Yasher." What is the book of Yasher? One must
not stay alone even with two women. If an Israelite while on the road,
happened to be accompanied by a heathen, etc. One must not confine a
heathen because she brought up a person to idolatry, etc. A city in which
there is no Jewish physician, but a Samaritan and a heathen, the heathen
shall circumcise and not the Samaritan. One may employ their (the
heathens') services for curing his personal property, etc. Ben Dama was
bitten by a snake, Jacob come to heal him with the name of Jesus, but R.
Ismael did not allow. With R. Johanan it is dififerent, as he himself was an
established physician. Medicines and other remedies for dififerent sickness
by different men and women, on pp. 50-53. The following things of the



SYNOPSIS OF SUBJECTS. vii

heathens are prohibited, and the prohibition extends even to the deriving
of any benefit therefrom — viz: wine, vinegar, etc. No benefit is to be
derived from the dead. Samuel and Ablat, the latter who was a heathen,
were sitting together, and cooked wine was brought for them, etc. To
fermenting wine no uncovery appHes. One. must not pour water which
has been uncovered, in the pubhc streets, and also not water cattle with it.
The sages forbid date-beer of the heathens, as a safeguard against inter-
marriage. The sick heathens who become swollen, and whom uncovered
water does not harm, surely ate reptiles, so that their bodies contain
poison which prevent the harming effects of the snake-poison. A
heathen pilgrim is prohibited only when on his way to the idol, etc.
Enamelled vessels, no matter what color, are permissable. Fish oil made
by a heathen specialist is permissable. Why did the sages forbid
the cheese of Anugiki? Sweet are to me the words of thy friends
(the sages who are explaining the law), more than the essence of the Torah.
Compress your lips, one upon the other, and hasten not to propound ques-
tion, 41-65

MiSHNA v. The following are prohibited, but not from deriving benefit
from them: Milk. etc. What is the reason for the prohibition of milk? etc.
Concerning oil, Daniel has decreed the prohibition according to Rabh, etc.
To everything which is not served on the table of noblemen to relish the
bread, the prohibition of " cooked by a heathen " does not apply. All that
may be eaten in a raw state, may also be eaten when cooked by a heathen.
The sea-donkey is allowed, but not the sea-ox; and you remember this by
the following mark: the unclean (on earth?) is clean, while the clean is
unclean. We are to trust the wife of a scholar as we have trusted her
husband. Meat, wine, blue wool that are to be forwarded through a
heathen, require each two seals. The following things are allowed to eat.
milk milked by a heathen in the presence of an Israelite, honey and honey-
cake, etc. Fish entrails as well as fish-rye you may buy only of a specialist,
etc. If the vender says, I have pickled the fish and know them to be clean,
he is trusted. Praised be the Omnipotent, who puts this world in the hands
of guardians! .... ...... 65-81



CHAPTER III.

MiSHNA /. TO VI. All images are prohibited, for they are worshipped
at least once a year. The staf? in the hand of the idol. The bird in its
hand of the idol. Finally, the sphere is to indicate that it sacrifices itself
for the whole globe. If one finds fragments of images, he is allowed to
use them, etc. It is taught that a heathen can profane the idol of his
fellow heathen as well as his own, while an Israelite cannot profane the idol
of a heathen. If one finds vessels with the image of the sun, moon, etc.,
he must throw them into the salt lake. The human image and that of a
nurse are, however, prohibited only when having respectively a measure in
the hand and a son in the arms whom she is nursing. One may grind
the images and scatter them to the wind, or sink them into the sea, etc.
Peroklas, the son of a philosopher, asked once R. Gamaliel at Ako. who wa3
then bathing in the bath of the goddess Aphrodite, etc. R. Gamaliel gave
Peroklas an evasive answer; but I (Hama) say it was not evasive, etc., etc.



viii SYNOPSIS OF SUBJECTS.

The mountains and hills worshipped by heathens are allowed to use,
but not the things, brought upon them, etc. Wherever you find a high
mountain, an elevated hill, a leafy tree, there is surely an idol there. A
town or place bearing the name of an idol should be renamed. If stones
absolved fortuitously from a mountain rock, that was worshipped, is their
use allowed or not ?........ 82-96

MiSHNA VII. TO XV. If a house situated, close by a worship-house of
an idol crumbles down, its owner is prohibited from rebuilding it, etc.
There are three kinds of houses. There are three kinds of stones. There
are three kinds of groves, etc. What is a grove? A tree with an idol under
it. R. Simion said: "Any tree that is worshipped. It is not allowed to sit
down in the shade of such a tree." Under such a tree is allowed to sow
herbs in the winter, but not in summer, etc. To derive any benefit of wood
obtained from an idol-grove is prohibited. How is the idol worship of a
tree profaned, etc.? . . . . . . . ,96-103



CHAPTER IV.

MiSHNA I. TO VI. Three stones near one another and beside the
Merkules are prohibited. The son of the saints treads on them, should we
abstain thereform? Who was this son, etc.? One is not liable for slaughter-
ing a blemished animal to an idol, etc. Money, garments, utensils found
on the head of an idol are allowed, etc. The use of a garden or bathing-
place belonging to an idol is allowed when it is gratis, etc. It is common
sense that that idol of an Israelite should be forbidden from the very
beginning, etc. Whether or no food ofifered to an idol, if profaned, loses
thereby its defilement? There was a pantry in the temple, where the
Macabees heaped up the stones of the altar defiled by the Greeks. A
heathen can profane his idol as well as that of his neighbor, etc. How is
an idol to be profaned? If an Israelite erects a brick to worship it, but
does not worship, and a heathen comes, and worships it, it is prohibited,
etc. An idol anbandoned by its worshippers in time of peace is allowed.
My respect for Rabh and Samuel is so great that I should readily fill my
eyes withnhe ashes of their corpses; none the less, etc. An animal resting
in the proximity of an idol becomes unallowable, etc. The animal
obtained by the idol-worshippers in exchange for an idol is for-
bidden ........... 103-119

MiSHNA VII. TO IX. If God is displeased with idol-worship, why does he
not destroy the idols, etc.? If the heathens worshipped but things not need-
ful to the world, He would surely annihilate them; but they worship the
sun, moon, stars and the planets. How is it that so many cripples are
cured by the idols in their temples? If one comes to defile himself, the
door is opened to him, while when one comes to cleanse himself, he is
supported. It is forbidden both to tread and to gather with an Israelite,
who prepares the wine while he is unclean, etc. They further warned
against contributing toward the conditions defiling the fruit in Palestine,
etc. It once happened that an Israelite and a heathen jointly hired and
worked a wine-press in the City of Nahardea, etc. A heathen once hap-
pened to enter the house of a Jewish wine-seller, etc. R. Johanan b. Arza
and R. Jose b. Nehorai were once sitting together indulging a little in



SYNOPSIS OF SUBJECTS. ix

wine, when a man came in, etc. Does a heathen render the wine prohibited
by pouring water into it? Whether it is allowed to hire a heathen for con-
veying grapes to the wine-press of an Israelite, etc.? A heathen stand-
ing near the wine reservoir renders the wine forbidden, provided he has
a lien on it, etc. If an Israelite, who has cleansed the wine of a heathen,
left it on the latter's premises, etc. When and Israelite buys or rents a house
in the courtyard of a heathen, etc. It once happened that Israelites bought
of Sarsik, the viceroy, the grapes of a vineyard, etc. . . . 1 19-134



CHAPTER V.

MiSHNA /. TO V. The wages of a laborer hired by a heathen to work
with him, wine for libation are prohibited. How is it when the heathen
hires a Jewish laborer to prepare wine in general? Whether or no the use
of the money obtained by a heathen from the sale of an idol is all for-
bidden to an Israelite. Can a citizen-proselyte, a heathen settled down
in the land of Israel, on having taking upon himself not to practice idol-
worship only, etc. "Jews in prospect such pleasures in your paradise? Do
you really mean," said the other, "that there are greater pleasures than
this?" If offered wine he poured on grapes, etc. In the case when beer
vinegar was intermixed with wine vinegar, or oaten yeast with wheat yeast,
etc. The rule is: "a prohibited thing renders another one forbidden," etc.
It once happened that a mouse was' found in a barrel of beer, and Rabh pro-
hibited the beer. Wine known as being watched, is allowed when trans-
ported from place to place by a heathen, etc. " When an Israelite leaves his
wine in the wagon," etc. Jewish wine was once stored up in a house,
where a heathen and an Israelite lived in the lower and upper floors,
respectively, etc, An Israelite and a heathen were once at an inn sitting and
drinking wine, etc. In the city of Sumbeditha thieves once intruded into a
house, etc. When an army enters a town in time of peace etc. He who
sells his wine to a heathen is allowed to use the money, etc. Rabh told the
Jewish wine-dealers to have their heathen customers pay in advance, etc.
Once an Israelite said to his neighbor: "When I make up my mind to sell
this field, I will sell it to you." Later on he sold it to a third party, etc.
An Israelite once said to his neighbor: " When I make up mind to sell
this field. I will sell it to you for a hundred suz, etc. If the funnel was
first used to measure through it into the heathens flask, etc. Devoted wine
is prohibited, and renders unallowable even by a minimal quantity. If for-
bidden wine falls into a reservoir, and simultaneously a pitcher of water,
etc. This is the rule: "When the two are of the same kind; a minimal
quantity suffices, etc. For how long must the utensils remain glowing in
hre, etc. " A knife is cleansed even by grinding it."



TRACT ABUDA ZARA (IDOLATRY).



CHAPTER I.



RULES AND REGULATIONS CONCERNING TRANSACTION OF BUSINESS
WITH HEATHENS ON THEIR FESTIVAL DAYS; WHICH FESTIVALS
ARE CONSIDERED, AND WHAT REAL ESTATE MAY BE SOLD AND
RENTED, AND AT WHAT PLACES.

MISHNA /. : Three days before the festivals* of the heath-
ens it is forbidden to have any business with them. One must
not lend them anything (which can be useful to them) nor bor-
row such from them. And the same is the case with cash
money, even to pay or to receive payment is forbidden. R.
Jehuda, however, maintains: To receive payment is allowed,
because it is a displeasure to the payers. And he was answered:
Although it is now a displeasure, it pleases them, in the future.

GEMARA: R. Hanina b. Papa, according to others, R.
Simlai, lectured : In the future, the Holy One, blessed be He,
will take the Holy Scroll in hand, saying: "He who was occu-
pied with it shall appear and receive his reward." The nations
then at once will gather themselves and come motley crowded
as it reads [Is. xliii. 9]: "All the people were gathered to-
gether." The Holy One, blessed be He, however, tells them:
" Do not enter in such confusion, but let each nation with her
scribes enter separately," as it reads further on: " Let the peo-
ple f be assembled." And by the term people kingdoms are
meant. [Can there be such a thing as motley before the Holy

* The term for festivals in the Mishna, is '' AiiirJtfn" and Rabh and Samuel
are discussing this term at some length. According to one it is Aiii(h(n and means
misfortune while to the other it is " EJi/ifii" and means "witnesses." It is
because the sages of the Mishna hesitate to name the holidays of the idolators with
the term " festivals." We, however, deem it not necessary to translate this discussion,
as it is unimportant.

f The term for people here, is Lettm and by an analogy of expression it is
inferred to mean kingdom.



2 THE BABYLONIAN TALMUD.

One, blessed be He? It means they themselves shall not come
in confusion, so that they shall understand what will be said to
them.] The kingdom of Rome will then enter first on account
of its greatness. As concerning it [Dan. vii. 23]: "And will
devour all the earth, and will tread it down, and grind it up."
And R. Jochanan said : Rome is thereby meant, whose fame is
respected throughout the whole world. But whence do we
know that the more distinguished come first to judgment? It
is as R. Hisda said (Rosh Hashana, p. 13). The Holy One,
blessed be He, questioned her: " What was your occupation in
the world?" To which she answered: " Lord of the Universe!
we have established many markets, we have constructed many
bath-houses, we have multiplied in great mass gold and silver,
and all this was done for the sake of Israel, to enable them to
study the Law," The Lord's answer will be: It is foolish of
ye to state that all you have done was for the sake of Israel,
while in reality it was but for yourselves. The construction of
markets was for the purpose of prostitution. The establishment
of bath-houses was for your own pleasure, and as to gold and
silver, it is mine, as [Hos. ii. 8] : " Mine is the silver, mine,"
etc. But, are there, then, among ye those who have studied
the Law? They went out in despair.

After Rome has departed, Persia enters. Because she is
considered second to Rome, as [Dan. vii. 5]: "And behold,
there was another, a second beast, like a bear." To which R.
Joseph taught : Thereby, Persia is meant, the people of which
are fleshy like bears, eat and drink like bears, are overgrown
with hair, and have no rest, like bears. And to the question of
the Holy One, " What was your occupation?" They will an-
swer: We have constructed many bridges, conquered many
great cities, we were engaged in many wars, all for the sake of
Israel to enable them to study the Law. The reply to which
will be: " All that was done by you was for your own sake."
Bridges, for the collection of duties. Great cities, to establish
angaria. And as to wars, I have conducted them. As it reads
[Ex. XV. 3] : " The Eternal is the lord of war." But are there
among ye those who have studied this Law? And they also
went out in despair. [But, why did Persia enter, after seeing
that Rome was disappointed? They thought: We may have
more chance than Rome, as the latter has destroyed the holy
Temple, while we have rebuilt it.] And a similar answer will
be given to the other nations. But why should the other



TRACT ABUDA ZARA (IDOLATRY). 3

nations enter after seeing the disappointment of the first two?
They thought : The first two made slaves of Israel, which was
not the case with them. But, if so, why should Rome and
Persia be more honored than the other nations? They are dis-
tinguished by the permanence of their kingdoms, which will
exist until the time of Messia. Finally they will say before
Him : Lord of the Universe, didst thou give us the Torah and
we did not accept it? But how could they say so? Is it not
written [Deut. xxxiii. 2]: "The Lord came from Sinai, and
rose up from Sa'ir unto them: he shone forth from Mount
Paran." And it also reads [Habak. iii. 3] : " (When) God from
Theman came, and the Holy One from Mount Paran." And
to the question: What has the Law to do in Sa'ir and Paran?
Said R. Jochanan : From this it is inferred that the Lord has
presented his Torah to every nation, but it was not accepted
until it came to Israel. Therefore, it is supposed that they said
to Him: " Have we then accepted the Torah, and not fulfilled
its commandments?" [But what answer is this. Could they
not be accused because they have not accepted it?] They said
thus: Lord of the Universe, hast thou inclined the mountain
toward us as thou didst toward the children of Israel? (See
Sabbath, p. 167, par. Ex. xix., etc.) To this the answer will
come: " Let the former things shew us." [Isaiah xliii. 9] The
Holy One, blessed be He, will say to them: " The seven com-
mandments which were give?i to the descendants of Noah, have
ye observed them? " And whence do we know that they have
not? From that which R. Joseph taught. It reads [Hab.
iii. 6]: " He stood forward, and made the earth tremble; he
looked, and dispersed nations." What did He see? That the
seven commandments accepted by the descendants of Noah,
were not observed. And therefore He absolved the nations of
them. Absolved. Should then the sinner be benefited? Said


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