Hebrew Literature Part 7

He may, however, buy for himself, and he is allowed to sell what is superfluous.

"He bought a first-born animal for a feast for his son, or for a holiday, and has no need of it?" "He is allowed to sell it."

4. "Hunters of wild animals-birds and fishes-who chanced to find sorts that are unclean?" "It is allowed to sell them." R. Judah said, "if a man become possessed of them in his ordinary way, he may buy and sell them, excepting that such shall not be his practice." But the Sages "disallow them."

5. "The shoots of vines and of the locust-trees?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." They are to be cleared off from being private property, and their prices are to be cleared off from being private property. "The shoots of the oak, and the nuts,(69) and the blackberries?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." "They are not to be cleared off from being private property, and their prices are not to be cleared off from being private property. But their leaves must be cleared away to become public property, as they fall down from their stems."(70)

6. "The rose and the carnation and the balsam and the chestnut?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." R. Simon said, "there is no Sabbatical year for the balsam, because it has no fruit."

7. "A new Sabbatical rose which one steeped in old oil?" "One may pick out the rose." "But an old rose in new oil?" "One is bound to clear it off from being private property." "New locust fruit which one steeped in old wine, and old (fruit) in new (wine)?" "Men are bound to clear them off from being private property." This is the rule: everything which produces taste one is bound to clear off from being private property, sorts that are different and sorts that are the same, however little they be. The laws of the Sabbatical year disallow however little of its own sort, and in different sorts that which produces taste.(71)

Chapter VIII

1. The Sages stated an important rule for the Sabbatical year: "Of all that is only fit for man's food a plaster may not be made for man, and it is needless to say for beast. And of all that is not fit for man's food a plaster may be made for man, but not for beast." And all that is not fit either for man's food or beast's food, if one consider it as food for man or food for beasts, the Sages impose on it the inconveniences of the laws relating to man and the inconveniences of the laws relating to beast. If one, however, consider it as wood, it is reckoned as wood; for example, the savory and the hyssop and the laurel.

2. Produce of the Sabbatical year is given for food, for drink, and for anointing, to eat the thing which it is usual to eat, and to anoint with what it is usual to anoint with. One may not anoint with wine or vinegar.

But one may anoint with oil. And so is it likewise with the heave-offering and second t.i.the. The laws of the Sabbatical year are more convenient for them, because it is permitted to light a candle made from them.

3. Men must not sell the fruits of the Sabbatical year, neither by measure, nor by weight, nor by count. Neither may they sell figs by counting, nor greens by weight. The school of Shammai say, "nor in bunches." But the school of Hillel say, "that which it is usual to make in bunches in the house men may make in bunches in the market; for example, cresses and the milk-flower."

4. If one said to a laborer, "Here! take this aisar(72) and gather greens for me to-day?" "His hire is allowed." "Gather me for it greens to-day?"

"His hire is forbidden." If one take from the baker a cake for a pundion(73) (saying), "when I will gather greens of the field I will bring them to you?" "It is allowed." "If one take bread from the baker in silence?" "He must not pay him from money of the Sabbatical year, because men must not pay a debt with money of the Sabbatical year."

5. Men must not give money of the Sabbatical year to a well-digger, nor to a bath-keeper, nor to a barber, nor to a skipper, but one may give it to a well-digger for drink, and to all persons one may give a gratuitous present.

6. Men may not dry figs of the Sabbatical year in the usual place, but one may dry them in a waste place. They must not tread grapes in a wine-press, but they may tread them in a kneading-trough. And they must not put olives into the oil-press with the stone over them, but they may pound them and put them into a small press. Rabbi Simon said, "one may also grind them in the house of the oil-press and put them into the small press."

7. Men must not boil greens of the Sabbatical year in oil of the heave-offering, lest they take it for uses that are forbidden. R. Simon "allowed it." And the very last thing (in a series of exchanges) partakes of the laws of the Sabbatical year; but the fruit itself (first exchanged) is forbidden.

8. Men must not buy servants, ground, or an unclean beast, with money of the Sabbatical year; but if they buy them, they must eat(74) as much as their value. They must not bring for an offering the two pigeons of one with an issue, or the two pigeons after childbirth bought with money of the Sabbatical year. And if they bring them, they must eat(75) as much as their value. They must not anoint vessels with oil of the Sabbatical year.

But if they anoint them, they must eat(76) as much as their value.

9. "A skin which one anointed with oil of the Sabbatical year?" Rabbi Eleazar said, "it must be burned." But the Sages say, "one must eat(77) as much as its value." The Sages said before Rabbi Akiba it was a saying of Rabbi Eleazar, "a skin smeared with oil of the Sabbatical year must be burned." He said to them, "Hus.h.!.+ I cannot tell you what Rabbi Eleazar said about it."

10. And again, the Sages said in his presence, it was a saying of Rabbi Eleazar,(78) "he who eats the bread of Samaritans is as one who eats swine-flesh." He said to them, "Hus.h.!.+ I cannot tell you what Rabbi Eleazar said about it."

11. "A bath which was heated with stubble or straw of the Sabbatical year?" "It is allowed to wash in it." "But if one confer honor (on the bath)?" "He should not wash in it."

Chapter IX

1. The rue, and the sorrel with spreading leaves, and the wild savory, the coriander of the mountains, and the parsley of the marshes, and the rocket of the desert, are free from t.i.thes; and they may be bought from all men in the Sabbatical year, because nothing like them is legally guarded.

Rabbi Judah said, "the sprouts of the mustard are allowed, because transgressors are not suspected for taking them from a guarded place."

Rabbi Simon said, "all vegetables that sprout again are allowed, excepting the sprouts of cabbage, because there is not their like among the greens of the field." But the Sages say, "whatever sprouts again is forbidden."

2. There are three countries to be public property in the Sabbatical year: Judah and beyond Jordan and Galilee; and each is divided into three parts: Upper Galilee, Lower Galilee, and the Vale. From the village of Hananiah and upward, every part in which the sycamore tree does not grow is Upper Galilee. And from the village of Hananiah and lower down, where any sycamore tree grows, is Lower Galilee. And the neighborhood of Tiberias is the Vale. And in Judah, the mountains, the plain, and the vale, and the plain of Lydda is as the plain of the south. And its mountains are as the King's mountain.(79) From Bethhorn and to the sea is one province.

3. "And wherefore did the Sages say three countries?" "That men might eat during the Sabbatical year in every one of them, till the last fruits be finished in it." R. Simon said, "they did not say three countries, they said only in Judah." And all the other countries are reckoned as the King's mountain; and all countries are reckoned the same for olives and dates.

4. Men may eat so long as there is any fruit legally free, but they must not eat of that which is legally guarded. Rabbi Jose "allowed it, even when guarded." They may eat fruit so long as it is found in birds' nests, and such fruit as is twice produced in each year, but they must not eat of winter fruit. R. Judah "allowed it at all times, if it ripened before the summer ended."

5. "If men pressed three sorts of fruit in one barrel?" R. Eliezer said, "they may eat of the first." R. Joshua said, "even of the last." Rabban Gamaliel said, "everything, the species of which is finished growing in the field, its species is to be removed from the barrel."(80) Rabbi Simon said, "all greens are reckoned as one. They are to be cleared away from the house." They may eat of the leeks till the teasels have ceased growing in the valley of Beth-Netopha.

6. "He who gathers fresh herbs?" "He may use them till their sap dry out."

"And he who binds the dry in bundles?" "He may use them till the second rain descends."(81) "The leaves of reeds and the leaves of vines?" "They may be used till they fall from their stems." "And he who binds the dry in bundles?" "He may use them till the second rain descends." Rabbi Akiba said, "they may be used by all persons till the second rain descends."

7. "Like to this rule is his case who rented a house to his neighbor till the rains?" "This means till the second rain descends." "He who by his vow cannot get a.s.sistance from his neighbor till the rains?" "This means till the second rain descends." "When may the poor enter into the gardens?"(82) "When the second rain descends." "When may they use and burn the stubble and straw of the Sabbatical year?" "When the second rain descends."

8. "A man had fruit of the Sabbatical year, and the time came for clearing it out from his house?" "He may divide to everyone victuals for three meals; and the poor may eat the fruit after the clearing of it out, but not the rich." The words of Rabbi Judah. Rabbi Jose said, "the poor and the rich are alike, they may eat it after it is cleared out."

9. "A man had fruits of the Sabbatical year, whether they fell to him by inheritance, or were given to him by gift?" R. Eliezer said, "let them be given to those who may eat them." But the Sages say, "the transgressor must not profit, but let them be sold to those who may eat them, and let their price be divided to every man." "He who eats dough of the Sabbatical year before the heave-offering be separated from it?" "He is guilty of death."

Chapter X

1. The Sabbatical year releases(83) a loan, whether it be with or without a bill. The credit of a shop is not released. But if one made it as a loan, it is released. Rabbi Judah said, "all the first credit is released, the wages of an hireling is not released." "But if one made it as a loan?"

"It is released." Rabbi Jose said, "every work which ceases on the Sabbatical year is released; but that which does not cease on the Sabbatical year is not released from payment."

2. The butcher who slaughtered a heifer (at the end of the Sabbatical year), and divided her head (for sale on the first of the two feast days of the new year), remains a debtor; but if he did so in an intercalary month,(84) he is released (Deut. xv. 1). But if it be not an intercalary month, he is not released. He who forced, or enticed, or uttered a slander, and every act of the tribunal, have no release. "He who lent on security, or delivered his bills to the tribunal?" "There is no release for him."

3. The Defence(85) (for the poor) has no release. This is one of the things which the old Hillel ruled. When he saw that the people refrained from mutual loans, and transgressed what is written in the law, "Beware that there be not a thought in thy wicked heart,"(86) etc., Hillel ruled the Defence.

4. This is the substance of the Defence, "I hand over to you judges such and such men in such a place, that every debt which belongs to me I may collect, whenever I please." And the judges or witnesses sealed it below.

5. The Defence written before the Sabbatical year is valid, but afterward it is disallowed. Bills written before the Sabbatical year are disallowed, but afterward they are valid. He who borrows from five persons must write a Defence for each of them. If five persons borrow from one, he writes but one Defence for all of them.

6. Men must not write a Defence save only on ground. "If he have none?"

"The lender may present him with however little from his own field." "If he had a field in pledge in a city?" "He may write on it the Defence."

Rabbi Huzpith said, "a man may write it on the property of his wife; and for orphans on the property of their guardians."

7. "Beehives?" R. Eliezer said, "they are as ground, and men may write on them a Defence, and they contract no legal uncleanness in their proper place, but he who takes honey out of them on the Sabbath is liable (for a sin-offering). The Sages, however, say they are not as ground, and men must not write on them a Defence, and they do contract legal defilement in their place, and he who takes honey out of them on the Sabbath is free."

8. "He who paid his debt on the Sabbatical year?" "The lender must say to him, 'I release thee.' " "When he said it to him?" "Even so, he may receive it from him, as is said, and this is the manner of the release."(87) It is like the slayer who was banished to the city of refuge, and the men of the city wished to honor him. He must say to them, "I am a murderer." They say to him, "Even so." He may receive the honor from them, as is said, "and this is the case of the slayer."(88)

9. "He who pays a debt in the Sabbatical year?" "The spirit of the Sages reposes on him."(89) "He who borrowed from a proselyte, when his children(90) became proselytes with him?" "He need not repay his children." "But if he repay them?" "The spirit of the Sages reposes on him." All movables become property by acquisition; but everyone who keeps his word,

THE SPIRIT OF THE SAGES REPOSES ON HIM.

NOTE.-At the Feast of Tabernacles in the Sabbatical year, the following portions of Scripture were appointed to be read: Deut. i. 1-6; vi. 4-8; xi. 13-22; xiv. 22; xv. 23; xvii. 14; xxvi. 12-19; xxvii.; xxviii. These portions were read by the king or high priest from a wooden platform erected in the Temple. The king or the high priest usually read them sitting. King Agrippa, however, read them standing, and when he came to the words "Thou mayst not set a stranger over thee, which is not thy brother" (Deut. xvii. 15), "tears dropped from his eyes." The people then cried out to encourage him, "Thou art our brother-thou art our brother."

(Sotah, vii. 8).