Synopsis of Subjects
CHAPTER I.
MISHNA I. To which cases judges are needed to decide, and to
which commoners; which three, five, twenty-three, and seventy-one. The
Great Sanhedrin consisted of seventy-one, and the Small of twenty-three.
How many a city should contain, that it should be fit for a supreme
council. If one were known to the majority of the people as an expert,
he alone might decide civil cases. A permission from the Exilarch holds
good for the whole country (of Babylon and also for Palestine); from
the Prince in Palestine, for the whole of Palestine and Syria only:
he may teach the law, decide civil cases, and may also decide upon the
blemishes of first-born animals. He (a priest) saw a divorced woman
and married her, and with this he annulled his priesthood. He erred
in his opinion--e.g., there were two, Tanaim and two Amoraim
who differed in a case, and he decided the case according to one. There
are three Tanaim who differ concerning arbitration. When the decision
is already given in accordance with the strict law, an arbitration cannot
take place. May or may not a judge say, "I do not want to decide this
case"? and under what circumstances? Is mediation a meritorious act,
or is it only permitted? There were many who used to say maxims of morality,
and Samuel found that they were only repetitions of verses in the Scriptures.
"Say unto wisdom, Thou art my sister," means, if the thing is certain
to you as that it is prohibited for you to marry your sister, then you
may say it; but not otherwise. If one appoints a judge who is not fit
to be such, he is considered as if he were to plant a grove in Israel.
The court shall not listen to the claims of one party in the absence
of the other (in civil cases). "You shall judge righteously" means,
you shall deliberate the case carefully, and make it just in your mind,
and only thereafter may you give your decision: "For the judgment belongeth
to God." The Holy One, blessed be He, said: "It is the least for the
wicked to take away money from one and give it to another illegally,"
etc. Is warning needed to a scholar? Where is the hint that collusive
witnesses are to be punished with stripes? Punishment of stripes is
not applied to those who do no manual labor. The numbers three, five,
and seven--to what have they a similarity? A year must not be intercalated with one month, except by them who are
invited for it by the Nashi. Since the death of the last prophets--Haggai,
Zechariah, and Malachi--the Holy Spirit has left Israel, etc. A leap
year should not be made because of the kids, lambs, etc. For the following
three things a leap year is made: Because of the late arrival of Spring,
etc. A leap year must not be made in the years of famine, The year must
not be intercalary before Rosh Hashana. A leap year must not be made
in one year for the next. No appointment of a leap year must be because
of defilement. If not for Ben Baba, the law of fines would be forgotten
from Israel. The legend how Jehudah b. Baba supplied the degree of Rabbi
to five (six) elders, and by this act he caused the oral law not to
be forgotten from Israel. The custom of giving degrees must not be used
out of Palestine. What is to be considered second tithe, of which the
value is not known? Rotten fruit, etc. "Every great matter," means the
matter of a great man. By the whole tribe, is meant the head of it.
The legend how a battle was decided by King David. Whence do we know
that it is a duty to appoint judges to each tribe? etc. The legend of
Eldad and Medad, and what their prophecy was. How Moses selected the
seventy elders from each tribe, and also the payment of the first-born
who were not redeemed by Levites. Sentence of guilt must be by a majority
of two. If all persons of a Sanhedrin are accusing, the defendant becomes
free. How so? In a city in which the following ten things do not exist
it is not advisable for a scholar to reside. and they are, etc. Of rulers
of thousands were six hundred; of hundreds, six thousand; of fifties,
twelve thousand; of tens, sixty thousand--hence the total number of
the officers in Israel was seventy-eight thousand and six hundred.
CHAPTER II.
MISHNAS I. AND II. The high-priest may judge and be a witness;
be judged and witnessed against. A king must not judge, and is not judged;
must not be a witness, nor witnessed against. There are cases from which
one may withdraw himself, and there are others from which he may not.
How so? A king must not be a member of the Sanhedrin; nor he and a high-priest
engage in discussion about a leap year. The legends of three pasturers
who had a discussion about the month Adar, which the rabbis took as
a support to establish a leap year. When he (high-priest) goes in the
row to condole with others, his vice and the ex-high-priest are placed
at his right, etc. Formerly the custom was for the mourners to stand,
and the people to pass by, etc. A row is not less than ten persons,
not counting the mourners. All agree that if a king has relinquished
his honor, it is not relinquished. How could David marry two sisters
while they were both living? The strength of Joseph was moderation on
the part of Boas, and the strength of the latter was moderation on the
part of Palti, etc., etc. If a death occurs in the house of the king,
he must not leave the gate of the palace,
MISHNAS III. TO VI. Three positive commandments was Israel
commanded when they entered Palestine, viz., they should appoint a king,
etc. The treasures of kings which are plundered in time of war belong
to the king, only. He (the king) must not marry more than eighteen wives.
Even one wife, should she be liable
to turn his heart away, he must not marry her. The number eighteen mentioned
in the Mishna--whence is it deduced? Four hundred children were born
to David by the handsome women whom he took captive (i.e., those
mentioned in Deut. xxi. 11). Only a son may stay alone with his mother,
but it is not allowed for any one besides to stay alone with a married
woman. He (the king) must not acquire many horses, neither more gold
and silver than to pay the military. He shall not acquire many horses,
and lest one say, "Even those which are needed for his chariots," etc.
He shall not acquire much gold and silver--lest one say, "Not even sufficient
for paying the military," etc. Why does not the Scripture explain the
reason of its law? Because in two verses it was so done, and the greatest
men of a generation stumbled because of them, etc. Ezra was wrothy that
the Torah should be given through him, if Moses had not preceded him.
In the very beginning the Torah was given to Israel in Assyrian characters,
etc. (see footnote, 1).
One must not ride on his--the king's--horse, etc. Come and see how hard
is divorce in the eyes of the sages! He who divorces his first wife,
even the altar sheds tears on account of him. The king must cut his
hair every day, a high-priest every eve of Sabbath, and a commoner priest
every thirty days,
CHAPTER III.
MISHNAS I. TO III. Civil cases by three: one party may select
one, and so the other, and both one more. Pure-minded people of Jerusalem
used not to sign a document unless, they were aware who was the other
who was to sign it, and also would not sit down to judge unless they
were aware who was to be their colleague, etc. One has no right to reject
a judge who was appointed by the majority. There is a rule that the
testimony of one who is interested in a case is not to be taken into
consideration. Proof is needed to each claim, even if it is not so important
that it could injure the case. He who saw Resh Lakish in the college
saw one uprooting hills and crushing them, and he who saw R. Mair saw
one uprooting mountains and crushing them. Gamblers (habitual dice-players)
and usurers, and those who play with flying doves, are disqualified
to be witnesses. What crime is there in dice-playing? Because they do
not occupy themselves with the welfare of the world. One who borrows
to pay usurers is also disqualified. Gamblers are counted those who
play with dice; and not only with dice, but even with the shells of
nuts or pomegranates. Among those who play with doves--other animals
are also meant. There was added to the disqualified witnesses robbers
and forcers (i.e., those who take things by force, although they
pay the value for them). There was secondly added to that category,
collectors of duty and contractors of the government. The father of
R. Zera was a collector for thirteen years, etc. One's thought for his
maintenance injures him in his study of the law, etc. They who accept
charity from idolaters are disqualified to be witnesses, provided they
do so publicly, etc. One who is wicked in money matters only is disqualified
to witness, but not one wicked in heavenly matters. Bar Hama had slain
a man, and the Exilarch told Aba b. Jacob to investigate the case; and
if he really slew the man they should make the murderers blind, etc.,
MISHNAS IV. TO VI. The following are counted relatives
who may not be witnesses: Brothers, brothers of father or mother, brothers-in-law,
etc. "My father's brother shall not witness in my cases; he, his son,
and his son-in law." "The brother of my mother-in-law cannot be a witness
for me." The husband of one's sister, also the husband of the sister
of one's father and the husband of the sister of one's mother, their
sons and their sons-in-law, are also excluded from being witnesses.
A stepfather . . . his son-in-law, etc. There was a deed of gift which
was signed by two brothers-in -law--i.e., two husbands of two
sisters, etc. How were the witnesses examined? They were brought into
separate chambers, etc. How were the witnesses frightened? There was
one who had hidden witnesses under the curtains of his bed, and he said
to his debtor: "Have I a mana with you?" etc. There was one who was
named by the people "the man who has against him a whole kab of promissory
notes." There was another who was named "the mouse who lies on dinars,"
etc. There was a document of confession in which it was not written:
"He (the debtor) has said to us, 'Write a document, sign, and give it
him' (the creditor)," etc. "I have seen your deceased father hide money
in a certain place, saying, 'This belongs to so-and so,'" etc. How is
the judgment to be written? So was the custom of the pure-minded in
Jerusalem. They let parties enter, listened to their claims, and thereafter
let the witnesses enter, listened to their testimony, then told all
of them to go out, etc. This is a rule for every case in which is mentioned
"a witness," that it means two. Simeon b. Alyaqim was anxious that the
degree of Rabbi should be granted to Jose b. Hanina, etc., etc. A confession
after a confession, or a confession after a loan, may be conjoined;
but a loan after a loan, or a loan after a confession, do not join.
Witnesses in civil cases who contradict one another in unimportant investigations
are to be considered. So long as the defendant brings evidence to his
advantage, the decision may be nullified by the court. However, if after
he had said, "I have no witnesses," etc. What happened to R. Na'hman
with a young man whom he made liable. If one who is summoning a party
who says, "I want my case brought before the assembly of sages," etc.,
he maybe compelled to try his case in that city. In Babylon they are
not allowed to try cases of fine,
CHAPTER IV.
MISHNAS I. TO III. Cases coming before the court, the
witnesses thereof must be examined and investigated. What difference
is there between civil and criminal? The following from (a) to (g).
Biblically there is no difference between civil and criminal cases concerning
investigations. But why is it enacted that civil cases do not need investigation?
"Justice, only justice, shalt thou pursue," means that one shall follow
to the city of a celebrated judge, etc. What has the court first to
say to the advantage of the defense in criminal cases? If one has tried
a case, and made liable him who is not, or vice versa, etc. Tudus
the physician testified that not one cow or one swine was sent from
Alexandria in Egypt of which the womb was not removed. If one was found
guilty by the court, and thereafter one come, saving: "I know a defense
for him, etc, So long as the fire in the stove burns, cut off all that you want to roast, and roast it.
(i.e., when you are studying a thing, consider it thoroughly
to prevent questions.) All who take part in the discussion may explain
their reasons, until one of the accusers shall yield to one of the defenders.
In the neighborhood of R. Johanan there was one who was blind who used
to judge cases, etc. From the time of Moses until the time of Rabbi,
we do not find one man who was unique in the possession of wisdom, riches,
and glory, etc. One may teach his disciple, and at the same time may
judge in association with him in criminal cases. In ten things civil
cases differ from criminal cases. All are competent to judge civil cases.
But not all of them are competent to judge criminal cases. The Sanhedrin
sat in a half-circle in order that they could see each other, etc. The
Torah has testified that we are such a kind of people that even a fence
of lilies is sufficient for us, and will never be broken. How were the
witnesses awestruck in criminal cases? A human being stamps many coins
with one stamp, and all of them are alike; but the Holy One, blessed
be He, has stamped every man with the stamp of Adam the first, and,
nevertheless, not one of them is like the other, Although the court
of the Sanhedrin existed no longer, the punishment of the four kinds
of death prescribed in the Scripture was not abolished by Heaven. Adam
the first was created singly, and why? That disbelievers should not
say there were many Creators in heaven, etc. In three things one is
different from his neighbor--in voice, etc.,
CHAPTER V.
MISHNA I. The court used to examine the witnesses with seven inquiries,
etc. Should one of the witnesses say, "I have something to say in behalf
of the defendant," or one of the disciples, I have something to say
to the disadvantage of the defendant," the court silences him. Why not
say that eight queries are necessary in the examination? Viz., how many
minutes are there in the hour? Do you recognize this man as the murderer
of him who was slain? Was he a heathen or an Israelite? Have you warned
him? Did he accept the warning? etc. Whence do we deduce that the warning
is prescribed biblically? Witnesses who testified in case of a betrothed
woman, if they be found collusive, are not to be put to death. What
is the difference between examination? etc. Until what time may the
benediction of the moon be pronounced? If Israel should have only the
meritorious act of receiving the glory of their heavenly Father once
a month, it would be sufficient. They do not drink wine. And why not?
In civil cases the court may say: The case becomes old, etc.,
CHAPTER VI.
MISHNAS I. TO IV. If the conclusion was to condemn, the
guilty one was taken out immediately to be stoned. A herald goes before
him, heralding: So and so, etc. One stands with a flag. I doubt who
had to bear the cost of the flag and horse mentioned in the Mishna,
etc. If one of the disciples said, "I have something to say in behalf
of the defendant," and thereafter he became dumb? He who is modest,
the verse considers him as if he should sacrifice all the sacrifices mentioned in the Scripture. When
he (the guilty) was far from the place of execution--a distance of ten
ells--he was told to confess. Why are the words "unto us and to our
children," and the Ayin of the "ad" pointed? The Lord said to Joshua:
Thou thyself hast caused all the evils, because thou didst excommunicate
the goods of Jericho. One should always proceed with prayer before trouble
comes. It happened with one who was going to be executed, that he said:
If I am guilty of this crime, my death shall not atone for all my sins.
See footnote, 1,
concerning the legend of Simeon b. S. of the eighty witches hung by
him. A male was stoned while naked, but not a female. The stoning place
was two heights of a man, etc. If before the execution the hands of
the witnesses were cut off, he becomes free from death. "The avenger
of the blood himself shall slay." Infer from this that it is a meritorious
act for the avenger to do so himself,
MISHNAS V. AND VI. All who are stoned are also hanged. A male,
but not a female. Two must not be judged on the same day, provided there
are two kinds of death. How was one hanged? The beam was put in the
earth, etc. King Sabur questioned R. Hama: Whence do you deduce from
the Torah that one must be buried? etc. Is the burying because the corpse
shall become disgraced if not buried, or is it because of atonement?
Is the lamentation an honor for the living or for the deceased? And
what is the difference? etc. A wicked person must not be buried with
an upright one. All the curses with which David cursed Joab fell on
the descendants of David. They were [II Sam. iii. 29], etc. If not for
Joab, David would not have been able to occupy himself with the law,
etc.,
CHAPTER VII.
MISHNAS I. TO V. Four kinds of capital punishment are prescribed
to the court by the Scriptures. According to R. Simeon, burning is more
rigorous than stoning. With her father, burning applies; with her father-in-law,
stoning applies. How is this to be understood? Do you come to teach
a Halakha which will be used only then when the Messiah will appear?
The prescribed punishment of burning was this: The sinner was placed
in waste knee-deep. Then placing a twisted scarf of coarse material
within a soft one, etc. But why should burning not be inferred from
the offerings of the bullocks, which were burned bodily? Nadob said
to Abihu: When will the two old men die, and you and I be leaders of
Israel? The prescribed punishment of slaying was thus: He was decapitated,
etc. The prescribed punishment of choking was thus: The sinner was placed
in waste knee-deep, etc. To the following sinners stoning applies: viz.,
one who had connection with his mother, etc. "A man" means to exclude
a minor. [Lev. xxii.]: "That lieth with his father's wife" means, that
there is no difference whether she is his mother or not,
MISHNAS VI. TO VII. One who had connection with a human
male, or with an animal, and also a human female who uncovers herself
before a male animal, are punished with stoning. "With an animal" makes
no difference whether it was a large or a small one. A blasphemer is
not guilty, unless he mentioned the proper name of God (Jehovah). "Any
man whatsoever," etc., meaning to
include the heathen, who are warned of blasphemy. Ten commandments were
commanded to Israel in Marah; seven of them are those which were accepted
by the descendants of Noah. For transgression of these commandments
a descendant of Noah is put to death, viz., adultery, bloodshed, and
blasphemy. A descendant of Noah may be put to death by the decision
of one judge, by the testimony of one witness, etc. Every relationship
for which the punishment of the courts of Israel is death, a descendant
of Noah is warned of it; but all other relationships, the punishment
of which is not death, are permissible to them. He who raises his hand
to his neighbor, although he has not as yet struck him, is called wicked.
"Flesh in which its life is, which is its blood, shall ye not eat,"
[Gen. ix. 4] means any member of the animal, while it is still alive.
We do not find any case where what is forbidden to the descendants of
Noah should be allowed to the Israelites. An unclean thing never came
from heaven. There is no difference if one hears it from the blasphemer
himself or from the witness who heard it from the blasphemer--he must
rend his garments
MISHNAS VIII. TO XII. One is considered an idolater who worships
it with its proper worship; and even if he only sacrifices, smokes incense,
or pours wine, etc. Why not say that from bowing "all kinds of worshipping"
is to be inferred? In our Mishna it is stated: "He who worships idols."
There is another Mishna, farther on, which states: He who says: "I will
worship," is always considered an idolater, etc. If one worship an idol
because he loves it, or because he fears it, etc. Concerning Sabbath
it is more rigorous than all the other commandments in one respect,
and all other commandments are more rigorous in another respect, etc.
There is a tradition: He who conjoins the name of Heaven with something
else is to be destroyed. It happened to a female heathen who was very
sick an vowed that if she recovered she would worship all the idols
which were to be found, etc. If one gives one of his children to Molech,
he is not guilty unless he has transferred him to the servants, etc.
One is not guilty unless he let him pass in the usual manner. What was
that? A row of bricks were placed for passing, etc. Baal ob (mentioned
in the Scripture) is the python that makes the dead speak from his armpit,
and Yidoñi means one that makes the dead speak from his mouth.
Is not he who queries an "ob" the same who inquires of the dead? Nay!
etc. An observer of times is, according to R. Aqiba, he who reckons
times and hours, saying: This day is good to go on the road, etc. He
who curses his father or mother is not punished with a capital punishment,
unless he curse them by the proper name of God,
MISHNAS XIII. TO XIV. He who sins with a betrothed damsel
is not guilty to be stoned, unless she was a maiden betrothed and still
in her father's house. A seducer means one who is himself a commoner--e.g.,
he says: There is an idol in such and such a place which so and so eats,
etc. Concerning all who are liable to capital punishment biblically,
it is not allowed to hide witnesses except in this case, etc. A conjurer
is liable to be stoned only when he did an act, but not if he dazzled
the eyes. The Halakhas of witchcraft are similar to the Halakhas of
Sabbath. There are some to which stoning applies, etc. I have seen a
rider of a camel who took his sword, cut off the head of the camel,
and thereafter rung a bell, and the camel stood up. It was only a dazzling
of the eyes. The legend of R. Eliezer with his disciple, "Thou shalt not learn to do," means: "Thou must
not learn to do, but thou mayest learn it to understand it for the purposes
of deciding cases,
CHAPTER VIII.
MISHNAS I. TO VIII. A stubborn and rebellious son--at what age
may he be considered as such? From the time he brings forth two hairs,
etc.; but the sages used to speak with delicacy. A minor of nine years
and one day is fit to have connection with a woman, and in a case of
adultery it is considered. Whence do we know that the first generation
produced children at the age of eight? A daughter should be more open
to the charges of stubbornness and rebelliousness, etc. But so is the
decree of the Scripture--"a son, and not a daughter." He cannot be condemned
as a stubborn and rebellious son, unless he eats meat and drinks wine.
You shall not look for wine which makes red the faces of the wicked
in this world, and makes them pale in the world to come. Thirteen ways
are enumerated in the Scripture concerning wine, as in Genesis ix.,
from 20 to 25. If he has stolen from his father and consumed on his premises, etc., he is not charged as a stubborn and rebellious son unless
he stole from his mother and father. If the father is willing
to transfer the case of the son in question to the court, and the mother
is not willing, or vice versa, etc. Such a thing neither occurred
nor ever will be, and the same is with the case of a misled town, and
also with a house of leprosy, and was written only for study. If one
hand of his father or mother is missing, or they limp, or are dumb,
etc. If he runs away before the decision of condemnation is rendered,
etc. The Scripture prefers that be should die innocent, and not be put
to death because of his sins. For the death of the wicked is both a
benefit to them and a benefit to the world, etc. In the case of "breaking
in" (Ex. xii., 1], for which there is no liability if one is killed
by a detector, one is also punished because of his future crimes, etc.
A burglar who broke in and succeeded in taking some utensils and escaped
is free from paying. Because he acquired title to them by his blood.
It happened that rams were stolen from Rabha by burglary and thereafter
they were returned to him; he would not accept them because the above
decision came from the mouth of Rabh, etc.,
MISHNA IX. The following may be killed for self-protection: He who pursues
one to kill him, and he who pursueth a betrothed damsel, etc. According
to the rabbis the Scripture cares for the violation of her honor, and
as she also cares for it, though without life-sacrifice, she must be
saved even by killing her pursuers, etc. One who intends to worship
idols may be killed (if there is an impossibility of preventing his
crime otherwise.) "In the city of Luda it was voted and resolved that
if one were compelled, under threat of being killed, to commit any one
of all the crimes which are mentioned in the Torah, he might commit
it and not be killed, except idolatry, adultery, and bloodshed. Is a
descendant of Noah commanded to sanctify, the Holy Name, or not? It
happened to one that he saw a woman and became sick through his infatuation,
etc,
CHAPTER IX.
MISHNAS I. TO VI. Punishment of burning applies to one man who has
intercourse with a woman and her daughter, and to a daughter of a priest, etc. Punishment with the sword applies to a murderer and to the
men of a misled town. If one pressed down a person while he is in water,
or in fire, preventing him from coming out, he is guilty, etc. If one
bound a person, and he died thereafter of hunger, he is not guilty of
a capital crime. If, however, he put him in a sunny place, and he died
because of the sun, he is guilty. Ball-players--if one threw a ball
with the intention of killing some one, he is to be put to death, and
if it was unintentional, he is to be exiled, etc. All agree that if
one kills a person whose windpipe and larynx (gullet) are cut or whose
skull is fractured, he is free (for it is considered as if he attacked
a dead man). If one strikes a person with a stone or with his fists,
and he was diagnosed (by the physicians of the court) to die, and thereafter
he improved, etc. Capital punishment does not apply to one who intended
to kill an animal and killed a man, an idolater and killed an Israelite,
etc.; but it does apply to one who intended to strike a person on the
loins with an article which was sufficient for this purpose, and he
strikes him to death on his heart, etc. A murderer mixed up among others--all
of them are free, etc. If it happen that the persons sentenced to deaths
of different kinds, and are so mixed that it is not known who comes
under this kind of death and who under another, all of them must be
executed with the more lenient death. If one committed a crime which
deserves two kinds of death, he must be tried for the more rigorous
one. Ezek. xviii. must not be taken literally, but "the mountains he
eateth not" means that he does not live upon the reward of the meritorious
acts done by his parents; "his eyes he lifteth not up to the idols"
means that he never walked overbearingly, etc.,
MISHNAS VII. TO IX. He who receives stripes, and relaxes into
the same crime, the court takes him to the kyphos. He who kills a person
not in the presence of witnesses is taken to the kyphos and is fed on
scant bread and water. If one steals a kisvah, or one curses his neighbor,
invoking God as a "carver," zealous people (like Pinchas) have a right
to strike him when caught in the act. What is this punishment if there
were no zealous men? Answer to this, it happened that it was read before
R. Kahan in a dream, etc. In a case where there is a violation of the
Holy Name the honor of the master must not be considered. "If a priest
performs the service while he is defiled," etc. "If a common Israelite
served in the Temple," etc.,
CHAPTER X.
MISHNAS I. TO VI. Choking applies to him who strikes
his father or mother, to him who steals a living soul, etc. A son is
not guilty of a capital crime unless he wounds his father by striking
him. Cursing is in one respect more rigorous than striking, as he is
guilty even if he did it after his lather's death. If one steals a person,
he is not guilty of a capital crime unless he brings him upon his own
premises. There is no difference whether he stole a male or a female,
a proselyte, or a bondsman, or a minor, etc. R. Jehudah says that there
is no disgrace for slaves. "Thou shalt not steal," in the third commandment,
means human beings. [Lev. xix., ii]: "Ye shalt not steal," meaning money.
A judge rebelling against the Great Sanhedrin. There were in Jerusalem
three courts, etc. In case a judge in the country had a dispute with
his colleagues, they came to the first court. If this court were able
to decide it traditionally they rendered their decision; and if not,
all of them came to the Great Sanhedrin, which was in the Temple treasury, etc. A disciple who is not a judge who decides for
practice against the Great Sanhedrin, is not culpable. A rebelling judge
is not guilty unless he gave his decision in a matter to which, if done
intentionally, korath applies, etc. The punishment of him who transgresses
the decision of the scribes is more rigorous than for that which is
plainly written in the Scriptures. The judge in question was not put
to death by the court of his own city, etc., but was brought to the
Supreme Council, in Jerusalem, etc. A false prophet who is to be sentenced
by the court is only he who prophesies what he (personally) has not
heard and what he was not told at all, etc. He who prophesied in the
name of an idol, saying, "So and so was said by such an idol," although
it corresponds exactly with the Hebrew law, he is punished by choking.
See all illustrations, pp. 258-260. In every case mentioned in the Torah,
if a true prophet commands you to transgress, you may listen, except
as to idolatry,
CHAPTER XI.
MISHNA I. All Israel has a share in the world to come. The following
have no share in the world to come: He who says, etc. Three kings and
four commoners have no share in the world to come etc. Is he who does
not believe that the resurrection is hinted at in the Torah such a criminal
that he loses his share in the world to come? Where is the resurrection
hinted at in the Torah? etc. From the Pentateuch, Prophets, and Hagiographa.
Queen Cleopatra questioned R. Mair thus: When they shall be restored,
will they be naked. or dressed? Cæsar questioned Rabbon Gamaliel:
You say that the dead will be restored. Does not the corpse become dust?
etc. The living die--should the dead come to life? That which has not
existed at all comes to life--shall those who had life once not come
to life again? The legend of Gebiah b. Pessisa who advocated Israel
before Alexander of Macedonia, etc. Antoninus said to Rabbi: The body
and soul of a human may free themselves on the Day of judgment by Heaven.
How so? Why does the sun rise in the east and set in the west? At what
time does the soul come into the body? At what time does the evil spirit
reach man? Lest one say that the verse just cited means, I make one
die and another, one shall I bring to life, therefore it reads, "I wound
and I cure." As wounding and curing apply to one person only, etc. He
who hesitates in declaring a Halakha to a disciple, even the embryos
in the entrails of their mothers denounce him. Great is wisdom, as it
was placed between two divine names. Exiles atone for everything. The
upright who will be restored in the future will never return to dust.
"What will they do at the time the Holy One, blessed be He, shall renew
His world?" etc. Concerning the dead whom Ezekiel restored, the different
opinions of Tannaim and Amoriam, if it was a reality or a parable only.
Six miracles occurred on the day Nebuchadnezzar threw Chananyah, Mishael,
and Azaryah into the caldron. Even at the time of danger one shall not
change the dress belonging to his dignity. Where was Daniel at the time
that they were thrown into the caldron? The legend of Achab and Zedkiyahu
with the daughter of Nebuchadnezzar. According to the advice of three,
Daniel went away before the affair of Chananyah, etc, Concerning the
six barleys which Boaz gave to Ruth. All that is written in the book
of Ezra was said by Nehemiah b. Chackhalyah. Why then was it not named after him? The angel who rules the souls after their
departure from this world is named Dumah. Hiskiah, who has eight names,
shall take revenge on Sanherib, who also has eight names. Hiskiah's
(king of Judah) whole meal consisted of a litter of herbs. Pharaoh,
who personally blasphemed, was also punished by Heaven. Sanherib, who
blasphemed through a messenger, was also punished through a messenger.
Ten trips had the wicked made on that day, etc., as it reads [II Kings,
x. 28 to 32]. There was one day more appointed for the punishment of
the iniquity of Nob. And the astrologers told Sanherib, etc. If the
judgment is postponed over one night there is hope that it will be abolished
entirely. The legend how Abishai saved King David from Yishbi's hand
at Nob. Sanherib, when he came to attack, brought with him forty-five
thousand princes with their concubines in golden carriages, etc. the
many legends concerning Sanherib. Be careful with the children of the
Gentiles, as it happens very often wisdom emanates from them. That the
day on which Achaz died consisted of only two hours. And when Heskiah
became sick and thereafter recovered, the Holy One returned the ten
hours to that day, etc. Three hundred mules loaded with iron saws which
cut iron were given to Nebusaradan by Nebuchadnezzar while going to
attack Jerusalem. Nebusaradan was a true proselyte, from the descendants
of Sissera were such who studied the law in Jerusalem, and from the
descendants of Sanherib were such who taught the Torah among a majority
of Israelites, etc. Have you heard when the fallen son will come? etc.
In his Sabbatic period when the son of David will appear in the first
year there will be fulfilled, etc. The generation in which the son of
David will come, young men will make pale the faces of the old, etc.
The world will continue for six thousand years, the first two thousand
of which was a chaos, etc. There are no less than thirty-six upright
in every generation who receive the appearance of the Shekinah. All
the appointed times for the appearance of the Messiah have already ceased.
And it depends only on repentance and good deeds. Jerusalem will not
be redeemed but by charity. What the Messiah told to Jehoshua ben Levi:
Ben David will not arrive until Rome shall have dominated, etc. Discussion
concerning the name of the Messiah. The cock said to the bat, I look
out for the light because the light is mine (I see it), but for what
purpose do you wait for it? The days of the Messiah will be as from
the day of creation until now. "He hath despised the word of God," means
he who learned the Torah but does not teach it. He who learned the Torah
and does not repeat it is similar to him who sows but does not harvest,
etc. Has not Moses written something better than: And Lotan's sister
was Thimna, etc.? Who is meant by the term epicurian? What good have
the rabbis done for us? They have never permitted us to eat a crow,
and they have not prohibited us to eat a dove, etc. The measure with
which man measures will be measured out to him--i.e., as a man
deals he will be dealt with. A good woman is a good gift; she may be
given to one who fears God. A bad woman is leprosy to her husband, etc.
One may ask the fortune tellers who tell fortunes by certain oils or
eggs. But it is not advisable to do so, because they often lie. Support
me, and I will bear the statement of Aqiba, my disciple, who says: "Pleased
are chastisements," etc. Three men (biblical personages) came with indirectness,
etc. What means, "and he lifted up his hands"? He took off his phylacteries
in his presence. (See footnote, page 1.)
The legends concerning Jeroboam. King Menashe appears to R. Ashi in
a dream. R. Abuhu used to lecture about the three kings and became sick,
etc. Why was Achab rewarded by the prolongation of his kingdom for twenty-two
years? Because he was liberal with his money and assisted many scholars
from his estate; half his sins were atoned. Four sects will not receive
the glory of the Shekhina, viz., scorners, liars, hypocrites, and slanderers.
Achaz abolished the worship and sealed the Torah, etc. The angels wanted
to put Michah aside, but the Lord, however, said leave him alone because
his house is open for travellers. Great are entertainments, for its
refusal estranged two tribes from Israel, etc. Why does not the Mishna
count Achaz and Amon among those who have no share? etc. The Scripture
is particular that if any one tells his troubles to his neighbor, he
should add: "May it not happen to you." The interpreters of notes said
that all of them have a share in the world to come, etc. "A perpetual
backsliding." Said Rabh: A victorious answer has the assembly of Israel
given to the prophets, etc. Concerning Bil'am, the elders of Moab, and
Midian,
One shall always occupy himself with the Torah and divine commandments, even
not for the sake of Heaven, as finally He will come to do so for His
own sake, etc. The caution that Achiyah, the Shilonite, gave to Israel
is better for them than the blessings that Bil'am has given to them.
"And Israel dwelt in Shittim." Everywhere such an expression is to be
found it brings infliction, etc. I saw the record of Bil'am, and it
was written therein thirty-three years was Bil'am when he was killed
by Pinchas, the murderer. One shall not bring himself into temptation,
as David, king of Israel, placed himself in the power of a trial and
stumbled. Six months was David afflicted with leprosy; the Shekhina
left him, and the Sanhedrin separated themselves from him. Exclusion
shall always be with the left hand, and inclusion with the right hand--i.e.,
if one is compelled to repudiate some one, he shall do it easy as with
his left hand, etc. Concerning David's sin with Bath Sheba,
MISHNA II. The generation of the flood have no share in the
world to come, and are also not judged, etc. Concerning the generation
of dispersion, men of Sodom and Gomorrah, etc.,: "Noah was just, a perfect
man in his generation;" in his generation, but not in others. According
to Resh Lakish: In his generation which was wicked, so much the more
in other generations. Eliezar, the servant of Abraham, questioned Shem
the great, etc. Shem the great questioned Eliezar, etc. "The generation
of dispersion." What had they done? What were the crimes of the Sodomites?
Concerning the congregation of Korah. One must do all he can not to
strengthen a quarrel, etc. "And all . . . on their feet," means the
money which makes one stand on his feet. "The generation of the desert
has no share," etc, Eliezar, however, said, they have, etc.,
MISHNAS III. TO IV. The ten tribes who were exiled will not be
returned, etc.,. From what age has a minor a share in the world to come?
Your saying is not satisfactory to their creator. Say the reverse, even
he who has studied but one law does not belong to the Gehenna. It happened
once that I was in Alexandria of Egypt, and I found a certain old Gentile
who said to me: Come, and I will show you what my great-grandfathers
have done to yours, etc. Concerning Shebna and his society, ref. Isaiah,
viii-12. Adam was created on the eve of Sabbath. And why?
The Minnim shall not say, etc. At the time the Lord was about to create
a man, He created a cœtus of angels, etc. Every place where
the Minnim gave their wrong interpretation the answer of annulling it
is to be found in the same place- The discussion with R. Gamaliel and
other rabbis, . "My creatures are sinking into the sea, and ye want
to sing?" It reads [Ob. i. 1]: "The vision of the Lord . . . concerning
Edom." Obadiah was an Edomite-proselyte. And this is what people say
that the handle of the hatchet to cut the forest is taken from the wood
of the same forest. [Gen. xxii. 1]: "After these things." After what?
After the words of the Satan, etc. According to Levi, after the exchange
of the words between Ishmael and Isaac, etc.,
MISHNA IV. The men of a misled town have no share in the world to come
(the Halakhas in detail,). Concerning the key of rain, which is one
of the three keys which are not to be transferred to a messenger, Elijah,
too, in the days of Achab, etc.,
Sources: Biblical
Texts |