The Sanhedrin
Judges—Judgments—The Tribunal of Seventy-one—The Great Sanhedrin—The Small Sanhedrin—High Priest—Funerals—King—Royal Wives—Book of the Law—Objections to Judges—Relations—Examination of Witnesses—Evidence—Judgments in Money and Judgments in Souls—Form of the Sanhedrin—Appointment of Judges—Intimidation of Witnesses—Investigation—Acquittal or Condemnation—Stoning—Hanging—Burning—Beheading —Strangling—Blasphemy—Idolatry—Enticing—Sorcery—A Son Stubborn and Rebellious—Burglary—Murder—Theft—Those Who Have No Portion in the World to Come—The Rebellious Elder—The False Prophet—The False Witness.
Chapter I
1. “Judgments for money (require) three (judges). Robbery and beating (require) three. Damages or half damages, double payments and payments four or five fold (require) three.” “Constraint, and enticement, and slander (require) three.” The words of R. Meier. But the Sages say, “slander (requires) twenty-three judges, because there exist in it judgments of souls.”
2. Stripes (require) three judges. In the name of Rabbi Ishmael, the Sages say, “twenty-three.” “The intercalary month[368] requires three. The intercalary year requires three.” The words of Rabbi Meier. Rabban Simon, the son of Gamaliel, said, “with three judges they begin, and with five they discuss, and they conclude with seven; and if they concluded with three it is intercalated.”
3. “The appointment of elders, and striking off the heifer's neck[369] (require) three.” The words of Rabbi Simon. But Rabbi Judah said, “five.” The loosing off the shoe,[370] and dissatisfaction in marriage (require) three. The produce[371] of the fourth year,[372] the second tithes, of which the value is unknown (require) three. The valuation of holy things (requires) three. The estimation of movable things requires three. R. Judah said, “one of them must be a priest.” Immovable things require nine judges and a priest; and the valuation of a man (slave) is similar.
4. Judgments of souls (require) twenty-three judges. Bestiality (requires) twenty-three, as is said, “and thou shalt slay the woman and the beast,” and it is also said, “the beast thou shalt slay.” An ox to be stoned (requires) twenty-three judges; as is said, “The ox shall be stoned, and his owner also shall be put to death,”[373] as is the death of the owner, so is the death of the ox. The wolf, and the lion, and the bear, and the leopard, and the panther, and the serpent, are to be put to death with twenty-three judges. R. Eliezer said, “everyone who first killed them has gained honor.” R. Akiba said, “they are to be put to death after a judgment with twenty-three (judges).”
5. A tribe must not be judged, nor a false prophet, nor a high priest, save before the tribunal of seventy-one. And soldiers must not go forth to lawful warfare, save by a decree of the tribunal of seventy-one. Men must not add to the city or to the temple courts, save by a decision of the tribunal of seventy-one. They must not appoint judges to the tribes, save by a decision of the tribunal of seventy-one. A city must not be excluded, save by the tribunal of seventy-one. And the tribunal must not exclude a city on the border, nor exclude three cities, but only one or two.
6. The Great Sanhedrin consisted of seventy-one members, and the small one of twenty-three. And whence know we that the great one contained seventy-one? as is said, “Gather unto me seventy men of the elders of Israel”,[374] and Moses over them. There are seventy-one. R. Judah said “seventy.” And whence know we that the small one consisted of twenty-three? [pg 163] as is said, “Then the congregation shall judge”;[375] “and the congregation shall deliver.” A congregation to judge, and a congregation to deliver, there is twenty. And whence know we that a congregation required ten? as is said, “How long shall I bear with this evil congregation?”[376] Joshua and Caleb were excepted. “And whence know we to produce the other three?” From the meaning, as is said, “Thou shalt not follow a multitude to do evil.”[377] I am hearing that “I shall be with them for good.” If so, why is it said, “to decline after many to wrest judgment”?[378] “Because thy inclinations to good do not equal thy inclinations to evil. Thy inclinations to good are by the report of one. Thy inclinations to evil are by the report of two. And a tribunal must not be balanced. Another must be added. There are twenty-three.” “And how populous must be the city suited for judges?” “One hundred and twenty.” R. Nehemiah said “230 to represent twenty-three overseers of tens.”
Chapter II
1. The high-priest may judge, and be judged.[379] He may bear witness, and witness may be borne against him. He may have his shoe loosed, and the shoe may be loosed for his wife.[380] His brother may take his wife, but he must not take his brother's wife, because he is prevented from marrying a widow. If there happened a death in his family, he must not go immediately behind the bier. “But when the (mourners) are concealed (in a street), then he is discovered (to the public). They are discovered to the public, and he is concealed in a street. And he may go with them to the entrance gate of the city.” The words of R. Meier. R. Judah said, “he must not depart from the sanctuary”; as is said, “neither shall he go out of the sanctuary.”[381] And when he comforts others, the fashion of all the people is to pass one after the other, and the deputy priest puts him in the middle between himself and the people. [pg 164] But when he is comforted by others, all the people say to him, “we are thy atonement.” And he says to them, “you shall be blessed from heaven.” And at the first meal[382] after a funeral, all the people recline on the ground, and he sits on a stool.
2. The king neither judges, nor is he judged. He neither bears witness, nor is witness borne against him. He does not unloose the shoe, and the shoe is not unloosed for his wife. He does not marry his brother's wife, nor is his wife married by his brother. R. Judah said, “if he pleased he may unloose the shoe, or marry his brother's wife. He is remembered in prayer for good.” The Sages said to him, “we do not hear him (the king) (for unloosing the shoe) and his widow must not marry.” R. Judah said, “the king may marry the widow of a king, as we find with David that he married the widow of Saul”; as is said, “And I gave thee thy master's house, and thy master's wives into thy bosom.”[383]
3. If there happened a death in his family, he goes not out from the entrance of his palace. R. Judah said, “if he pleases to go after the bier he may go, as we find in David that he went after the bier of Abner”; as is said, “And King David himself followed the bier.”[384] The Sages said to him, “this only happened to pacify the people.” And at the first meal after a funeral, all the people recline on the ground, and he sits on a sofa.
4. And he may go forth to lawful warfare by order of the supreme court of seventy-one, and he may break down a road for himself, and none can prevent him. The road of a king is without measure, and all the people plunder and lay it before him. And he takes part first. He must not multiply wives beyond eighteen. R. Judah said, “he may multiply wives for himself so long as they do not turn away his heart.” R. Simon said, “even if one turn away his heart, he should not marry her.” If so, wherefore is it said, “he must not multiply for himself wives, even though they be as Abigail”? He must not multiply horses, except sufficient for his own riding. And silver and gold he must not multiply much, only sufficient to pay his own expenses. And he must write a book of the law for himself. When he goes out to war, he must bring it with him. When he returns, he must bring it with him. If he sit [pg 165] in judgment it is with him. When he is seated it is before him, as is said, “And it shall be with him, and he shall read therein all the days of his life.”[385]
5. None may ride on his horse, and none may sit on his chair, and none may use his sceptre, and none may see him shaving, either when he is naked, or in the bath, as is said, “Thou shalt in any wise set him king over thee,”[386] that his dread be upon thee.
Chapter III
1. “Judgments in money matters (require) three judges. This party chooses for himself one, and the other party chooses for himself one. And both parties choose another.” The words of R. Meier. But the Sages say, “the two judges choose for themselves the other.” “This one may declare the judge of that one illegal. And that one may declare the judge of this one illegal.” The words of R. Meier. But the Sages say, “it is only when witness can be brought against them that they are related or unlawful.” “But if they be righteous or experienced, they must not be declared illegal.” “This one may declare illegal the witness of that one. And that one may declare illegal the witness of this one.” The words of R. Meier. But the Sages say, “it is only when witness can be brought against them that they are related or unlawful, but if they be righteous they must not be declared illegal.”
2. One said to the other, “I trust my father,” “I trust thy father,” “I trust three cowherds.” R. Meier said, “he may change his mind.” But the Sages say, “he must not change.” If he must give an oath to his companion, and he said to him, “vow to me by the life of thy head”? R. Meier said, “he may change his mind.” But the Sages say, “he must not change his mind.”
3. And these are illegal (as judges or witnesses), one who played at cards, or lent on usury, or bet on the flight of doves, or trades in the Sabbatical year. R. Simon said, “at first they were called gatherers on the Sabbatical year; when they were forced by Gentiles to cultivate the ground, they changed to [pg 166] call them traders on the Sabbatical year.” R. Judah said, “it is only when they have no other occupation but this one alone: but if they have another occupation, they are allowed.”
4. And these are related, his father and his brother, and the brethren of his father, and the brethren of his mother, and the husband of his sister, and the husband of his father's sister, and the husband of his mother's sister. And the husband of his mother and his father-in-law, and his brother-in-law, they, their children, and their sons-in-law, and his step-son alone. R. José said, “this was the teaching of R. Akiba; but the first teaching was, his uncle and the son of his uncle, and all suitable for inheritance, and everyone related to him at the present time.” “One was related and became estranged?” “He is lawful.” R. Judah said, “even if his daughter died, and he has children left by her, they are related.”
5. “Who is a friend? and who is an enemy?” “A friend is the bridegroom's best man, an enemy is everyone who has not spoken with him three days in malice.” The Sages replied to him, “Israelites are not so suspicious.”
6. “How are witnesses examined?” “They are brought in and intimidated; and all other men are driven out.” And the chief of the witnesses is left, and they say to him, “tell us how do you know that this man is indebted to that man?” If the witness said, “he told me that I am indebted to him”—“such a man told me that he is indebted to him”—he has said nothing, till he shall say, “he acknowledged in our presence that he owed him 200 zuz.” And afterward the second witness is brought in, and examined. If their statements were found agreeing, the judges held a conversation. Two of them said “he is clear,” and one said “he is indebted”? “He is cleared.” “Two said, he is indebted, and one said, he is clear?” “He is indebted.” “One said he is clear, and one said he is indebted? And even if two pronounced him clear or indebted, and one said, ‘I don't know’?” “The judges must be increased.”
7. The matter is finished. They bring in the plaintiff and defendant. The chief judge says, “thou, such a one, art clear; thou such a one, art indebted.” “And whence know we that one of the judges on going out should not say, ‘I was [pg 167] for clearing him, but my colleagues pronounced him indebted, but what shall I do when my colleagues are too many for me’?” “Of this man it is said, ‘Thou shalt not go up and down as a tale-bearer among thy people’;[387] and it is said, ‘A tale-bearer revealeth secrets.’ ”[388]
8. At any time the one condemned may bring evidence and annul the judgment. The judges said to him, “bring all your evidence within thirty days from this date.” If he brought them within thirty days, it is annulled, if after thirty days, it is not annulled. Rabban Simon, the son of Gamaliel, said, “what shall he do if he did not find them within thirty days, but found them after thirty days?” “The judges said to him, ‘bring witnesses’; and he said, ‘I have no witnesses’; they said, ‘bring evidence’; and he said, ‘I have no evidence’; but afterward he found evidence, and found witnesses?” “They are nothing.” Rabban Simon, the son of Gamaliel, said, “what shall he do if he did not know that he had witnesses, and found witnesses; he did not know that he had evidence, and found evidence?” “They said to him, ‘bring witnesses’; he said, ‘I have no witnesses.’ ‘Bring evidence,’ and he said, ‘I have no evidence.’ ” “He saw that he will be pronounced indebted in judgment, and he said, ‘approach such a one, and such a one, and bear witness for me,’ or ‘he pulled out evidence from his pocket’?” “It is nothing.”
Chapter IV
1. Judgments in money and judgments in souls must be equally inquired into and investigated; as is said, “Ye shall have one manner of law.”[389] “What is the difference between judgments in money and judgments in souls?” “Judgments in money (require) three judges, judgments in souls twenty-three. Judgments in money open the case either for clearing or proving indebted, but judgments of souls open the case for clearing, and the case is not opened for condemning. Judgments in money are balanced by one judge either for clearing or proving indebted; but judgments in souls are balanced by one for clearing and by two for condemning. Judgments in money may be reversed either for clearing or proving indebted; [pg 168] but judgments in souls may be reversed for clearing, but must not be reversed for condemnation. All may express an opinion on judgments in money for clearing or proving indebted. All may express an opinion on judgments in souls for clearing, but all must not express an opinion for condemnation. He who has expressed an opinion on judgments in money for proving indebted, may express an opinion for clearing, and he who has expressed an opinion for clearing, may express an opinion for proving indebted. He who has expressed an opinion on judgments in souls for condemnation may express an opinion for clearing, but he who has expressed an opinion for clearing must not reverse it to express an opinion for condemnation. Judgments in money are conducted by day and settled by night. Judgments in souls are conducted by day and settled by day. Judgments in money are settled on the same day, either for clearing or proving indebted. Judgments in souls are finished on the same day for clearing, and on the day after it for condemnation—wherefore there can be no judgments on Friday or on the eve of a festival.”[390]
2. Judgments in legal uncleanness and legal cleansings begin with the Supreme (judge). Judgments in souls begin with a judge at his side. All are eligible to pronounce judgments in money matters, but all are not eligible to pronounce judgments in souls—only priests, Levites, and Israelites who can intermarry into the priesthood.
3. The Sanhedrin was like half a round threshing-floor, in order that the members might observe each other. And two scribes of the judges stood before them—one on the right and one on the left. And they wrote the sentence of acquittal, and the sentence of condemnation. R. Judah said, “three; one scribe wrote the sentence of acquittal, and one wrote the sentence of condemnation; and the third wrote both the sentence of acquittal and the sentence of condemnation.”
4. And three rows of the disciples of the wise sat before them. And each one knew his place. When it was necessary to appoint a judge, they appointed one from the first row. One from the second row came instead of him into the first, and one from the third row came instead of him into the second, [pg 169] and they selected another from the congregation, and they seated him in the third row, and he did not sit in the place of his predecessor, but he sat in a place suitable for himself.
5. “How did the judges intimidate witnesses in the testimony for souls?” “They introduced them, and intimidated them.” “Perhaps you are speaking from guess? or from hearsay? witness from witness? or from a trustworthy man we heard it?” Or, perhaps, “you don't know that at the last we shall proceed to inquire into your own character and investigate it.” “Have a knowledge that the judgments of money are not as the judgments of souls. Judgments for money, when the man pays the money he has atoned. In judgments for souls his blood and the blood of his posterity are suspended till the end of the world.” So we find it with Cain when he slew his brother. It is said of him,[391] “the voice of thy brother's bloods crieth.” He does not say thy brother's blood, but bloods of thy brother, his blood and the blood of his posterity. Another thing is also meant, that thy brother's bloods are spattered on wood, and on stones. Therefore man is created single, to teach thee that everyone who destroys one soul from Israel, to him is the verse applicable, as if he destroys a full world. And everyone who supports one soul in Israel, to him is the verse applicable, as if he supports the full world. And it is also said, for the peace of creation, that no man may justly say to his companion, my father is greater than thine. And that the Epicureans should not say, that there are more Creators in the heavens, and it is also said, to show forth the greatness of the Holy One, blessed be He! When man stamps many coins with one stamp, all are alike. But the King of Kings, the Holy One, blessed be He! stamped every man with the stamp of the first Adam, and no one of them is like his companion; therefore everyone is bound to say, “for my sake was the world created.” But, perhaps, the witnesses will say “what is this trouble to us?” But is it not already said, “And is a witness, whether he hath seen or known of it; if he do not utter it?”[392] But perhaps the witnesses will say, “what is it to us, to be guilty of this man's blood?” But is it not already said, “When the wicked perish, there is shouting”?[393]
Chapter V
1. The witnesses were examined with seven investigations. “In what Sabbatical year?” “In what year?” “In what month?” “What date in the month?” “What day?” “What hour?” “What place?” R. José said, “What day?” “What hour?” “What place?” “Did you know him?” “Did you warn him?” In a case of idolatry, “whom did he serve?” “And with what did he serve?”
2. Every judge who extends examinations is praiseworthy. It happened that the son of Zacchai examined (even) on the stems of figs. And what difference is there between investigations and examinations? In investigations if one say, “I don't know,” their witness is worthless. In examinations, if one say, “I don't know,” and even two say, “we don't know,” their witness stands. Whether in investigations or examinations, when they contradict each other, their witness is worthless.
3. One witness said, “on the second of the month,” and another witness said, “the third of the month.” Their witness stands. Because one knows of the intercalary month, and another does not know of the intercalary month. One said, “on the third,” and another said, “on the fifth”; their witness is worthless. One said, “at the second hour,” and another said, “at the third hour”; their witness stands. One said, “at the third,” and another said, “at the fifth”; their witness is worthless. R. Judah said, “it stands.” One said, “on the fifth,” and another said, “on the seventh”; their witness is worthless, because at the fifth (hour) the sun is in the east, and at the seventh hour the sun is in the west.
4. And afterward they introduce the second (witness) and examine him. If both their statements agree, they open the case with clearing. One of the witnesses says, “I possess information to clear him.” Or one of the disciples of the Sanhedrin says, “I possess information for condemning.” They order him to keep silence. One of the disciples of the Sanhedrin says, “I possess information to clear him.” They bring him up, and seat him between the judges, and he did not go down during the whole day. If there be substantial information, [pg 171] they give him a hearing. And even when he (the accused) says, “I possess information for clearing myself,” the judges give him a hearing; only there must be substantial information in his words.
5. If the judges found him clear, they released him, but if not they deferred his judgment till the morrow. They conversed in pairs, and reduced their eating, and they drank no wine all the day, and discussed the matter the whole night. And on the morrow they came very early to the judgment hall. He who was for clearing said, “I was for clearing, and I am for clearing in my place.” And he who was for condemning said, “I was for condemning, and I am for condemning in my place.” He who pronounced for condemning, could pronounce for clearing, but he who pronounced for clearing, could not turn round and pronounce for condemning. If the judges erred in a matter, the two scribes of the judges recalled it to their memory. If they found him clear, they released him: but if not, they stood to be counted. “Twelve cleared him, and eleven condemned?” “He is clear.” “Twelve condemned him, and eleven cleared him, and even eleven cleared, and eleven condemned,” and one said, “I don't know.” And even twenty-two cleared or condemned, and one said, “I don't know?” “They must add judges.” “How many do they add as judges two by two?” “Up to seventy-one.” “Thirty-six cleared him, and thirty-five condemned him?” “He is clear.” “Thirty-six condemned him, and thirty-five cleared him?” “They disputed with each other until one of the condemning party acknowledged the statement of the clearing party.”
Chapter VI
1. When the judgment was finished, they brought him forth to stone him.[394] The place of stoning was outside the judgment-hall; as is said, “Bring him forth that hath cursed.”[395] One stood at the door of the judgment-hall with towels in his hand, and another man rode a horse at a distance from him, [pg 172] but so that he might see him. If one said, “I have something to tell for clearing,” this one waved the towels, and the other galloped his horse, and stopped the accused. And even though he himself said, “I have something to tell to clear myself,” they brought him back as many as four or five times, only there must be substance in his words. If they found him clear, they freed him; but if not, they took him forth to stone him. And a herald preceded him (crying), “Such a one, the son of such a one, is brought out for stoning, because he committed such a transgression, and so and so are witnesses; let everyone who knows aught for clearing him come forth and tell it.”
2. When he was ten cubits from the place of stoning, they said to him “confess,” as it is the custom of all about to die to confess, since to everyone who confesses there is a portion in the world to come. So we find with Achan when Joshua said to him, “My son, give, I pray thee, glory to the Lord God of Israel, and make confession unto him.”[396] And Achan answered Joshua, and said, “Indeed, I have sinned against the Lord God of Israel, and thus and thus I have done.” “And from whence know we that his confession made atonement for him?” “As it is said, ‘And Joshua said, Why hast thou troubled us? the Lord shall trouble thee this day. This day thou art troubled, but thou shalt not be troubled in the world to come.’ ” And if he did not know how to confess, they told him to say, “let my death be an atonement for all my sins.” Rabbi Judah said, “if he knew that he was falsely condemned, he said, ‘let my death be an atonement for all my sins, except this one’;” the (Sages) said, “if so, every man will speak thus to make themselves innocent.”
3. When he was four cubits from the place of stoning, they stripped off his garments. “If a man, they covered him in front; if a woman, before and behind.” The words of Rabbi Judah. But the Sages say “a man was stoned naked, but the woman was not stoned naked.”
4. The place of stoning was two men high. One of the witnesses thrust him down on his loins. If he turned on his heart, the witness must turn him on his loins. If he died with that thrust it was finished; but if not, the second (witness) took the stone, and cast it upon his heart. If he died with that blow, the [pg 173] stoning was finished. But if not, he was stoned by all Israel, as is said, “The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people.”[397] “All who were stoned were hung up.” The words of Rabbi Eliezer. But the Sages say, “none were hung up, save the blasphemer and the idolater.” “The man is to be hung with his face toward the people, but the woman with her face toward the wood.” The words of Rabbi Eliezer. But the Sages say, “the man was hung up, but they do not hang up a woman.” Rabbi Eleazar said to them, “and did not Simon, the son of Shatach, hang women in Askalon?” They said to him, “he hung up eighty women (witches), and two could not be judged, in one day.” “How did they hang him?” “They sunk a beam in the ground, and a traverse beam proceeded from it, and they bound his hands, one over the other, and hung him up” (by them). R. José said, “the beam was inclined against the wall, and he was hung upon it, just as the butchers do.” And they loosed him immediately afterward. “But if he was out all night?” “It was a transgression of a negative command, as is said, ‘His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day (for he that is hanged is accursed of God),’ ”[398] etc. As one says, “wherefore is this one hung?” “Because he blasphemed the NAME, and it follows that the heavenly NAME is profaned.”
5. Rabbi Meier said, “when man is sorrowful,[399] what language does the Shekinah[400] make him to utter?” If it be lawful so to speak, “my head makes me ashamed, my arm makes me ashamed.” If, to speak after the manner of men, OMNIPRESENCE is sorrowful, when the blood of the wicked is poured out, how much more sorrowful is He for the blood of the righteous? And not in the case of the condemned alone, but everyone who leaves his dead overnight, is a transgressor of a negative command. If they left him for the sake of honor, to bring a coffin and a shroud for him, there is no transgression. But they did not bury him (the condemned) in the sepulchres of his fathers. And there were two burial grounds [pg 174] prepared for the Judgment Hall—one for the stoned and the burned, and one for those beheaded and strangled.
6. When the flesh of the condemned was consumed, they gathered his bones and buried them in their proper place; and his relatives came and asked after the peace of the judges, and the peace of the witnesses, as much as to say, “know there is nothing in our hearts against you, as your judgment was true.” And they did not mourn, but were gloomy, since gloominess is only in the heart.
Chapter VII
1. Four punishments were permitted to the supreme court—stoning, burning, beheading, and strangling. R. Simon said, “burning, stoning, strangling, and beheading.” The preceding chapter is the order of stoning.
2. The order for those burned was to be sunk in dung to their knees. And men put a hard towel in a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till the condemned opened his mouth. And one lit a wick, and cast it into his mouth, and it went down to his bowels, and it consumed his intestines. R. Judah said, “if he died in their hands, they did not complete in him the order of burning; only they opened his mouth with tongs against his will, and lit the wick, and cast it into his mouth, and it went down to his bowels and consumed his intestines.” Said R. Eleazar the son of Zadok, “it happened with the daughter of a priest, who was immoral, that they surrounded her with dry branches and burned her.” The Sages replied, “because the court at that time was unskilled.”
3. The order of those beheaded was to have their heads struck off with a sword, as is the custom of governments. R. Judah said, “that was an abuse; they only rested his head on a block, and hewed it off with an axe.” The Sages replied to him, “no death is a greater abuse than that.” The order for those strangled was, that they were sunk down in dung to their knees, and they put a hard towel inside a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till his soul departed.
4. These were stoned; ... a blasphemer, and an [pg 175] idolater, and he who gave his seed to Molech, and one with a familiar spirit,[401] and a wizard, and he who profaned the Sabbath, and he who cursed father or mother, and he who came to a betrothed maid, and an enticer to idolatry, and a withdrawer to idolatry, and a sorcerer, and a son stubborn and rebellious.
5. The blasphemer was not guilty till he expressed the NAME. Said R. Joshua, the son of Korcha, every day they examined the witnesses under a substituted (feigned) name, for example, “José shall beat José.” When the judgment was finished, they could not execute him under the nickname, but they withdrew all men outside, and interrogated the principal witness, and said to him, “tell us clearly what thou hast heard?” and he said it. And the judges stood up on their feet, and rent their garments,[402] and they were never sewn again. And the second witness said, “even I (heard) as he,” and the third said, “even I (heard) as he.”
6. One committed idolatry, whether he served the idol, or sacrificed to it, or burned incense to it, or made a libation to it, or bowed down to it, or accepted it for his god. And also, he who said to it, “thou art my God.” But he who embraced it, and kissed it, and honored it, and dusted it, and washed it, and anointed it, and dressed it, and put shoes on it, transgressed a negative command. He who vowed in its name, and performed the vow in its name, transgressed a negative command. “He exposed himself to Baal peor?” “That is positive service.” “He cast a stone to Mercury?” “That is positive service.”
7. He who gave his seed to Molech[403] is not guilty till he hand [pg 176] it to Molech, and pass it through the fire. “If he hand it to Molech, and do not pass it through the fire, (or if) he passed it through the fire, and did not hand it to Molech?” “He is not guilty till he hand it to Molech, and pass it through the fire.” One has a familiar spirit, when the Python speaks from his arm. But the wizard speaks with his mouth. These are to be stoned, and inquiry from them is forbidden.
8. He who profaned the Sabbath by aught which renders him guilty of presumption is to be cut off;[404] but if he profaned the Sabbath in error, a sin-offering (is required) from him. He who cursed father or mother is not guilty till he curse them by the NAME. “If he curse them with a substituted name of God?” R. Meier pronounces him “guilty”; but the Sages “free him.”
9. “If one came to a betrothed maid?” “He is not guilty, except she be a virgin, and betrothed, and in the house of her father.” “If two came to her?” “The first is to be stoned and the second strangled.”
10. “The enticer to idolatry?” “This ordinary man enticed an ordinary man; he said to him, ‘there is an object of fear in such a place, so it eats, so it drinks, so it does good, so it does evil.’ ” Of all who are guilty of death in the law, we are not to set witnesses in concealment to convict them, except in this case of an enticer to idolatry. When he has spoken of his idolatry to two persons, they as witnesses bring him to the judgment-hall, and stone him. If he spoke thus to one, this one replies, “I have companions who desire to hear so and so.” “If he be cunning, and he does not speak before them?” “Witnesses are concealed behind a wall, and he says to the idolater, ‘tell me what thou saidst to me alone,’ and the idolater told him. And he replied to him, ‘how can we leave our God, who is in heaven, and go and serve wood and stone?’ ” “If the idolater returned from his sin, it is well; but if he said, ‘so is our duty, and so it is excellent for us,’ they who stood behind the wall bring him to the judgment-hall, and stone him; if he said, ‘I shall serve, I shall go and serve, let us go and serve; I will sacrifice, I will go and sacrifice, let us go and sacrifice; I will burn incense, I will go and burn incense, [pg 177] let us go and burn incense; I will pour a libation, I will go and pour a libation, let us go and pour a libation; I will bow down, I will go and bow down, let us go and bow down’—the withdrawer is he who says, ‘let us go and serve idols.’ ”
11. The sorcerer, who has done the act, is guilty of death, but he is not guilty who merely deludes the eyes. R. Akiba said in the name of R. Joshua, “two sorcerers can gather cucumbers—one gathers them and is free, but another gathers them and is guilty. He who has performed the act is guilty. He who has merely deluded the eyes is free.”
Chapter VIII
1. A son stubborn and rebellious.[405] “From what time is he decidedly a son stubborn and rebellious?” “From the time the two hairs have come, and up to the time the beard has sprouted; but the Sages spoke in modest language. As is usually said, when a man has a son—a son, but not a daughter; a son, but not a man; a child as yet free from coming under the rule of the commandments.”
2. “From what time is he guilty?” “From the time he ate three-quarters of a pound of flesh, and drank half a log of Italian wine.” R. José said, “a pound of flesh and a log of wine.” “He ate it in an appointed feast; he ate it in the intercalary month; he ate it during the second tithes in Jerusalem; he ate of a carcass and of things torn, abominable things and creeping things; he ate of that which had not paid tithes, and the first tithes before the heave-offering was separated from them and the second tithes and holy things which were not redeemed; he ate of a thing which is commanded, and of a thing which is a transgression; he ate every kind of meat, but he did not eat flesh; he drank every kind of fluid, but he did not drink wine?” “He is not a son stubborn and rebellious till he eat flesh and drink wine,” as is said, “A glutton and a drunkard”;[406] and even though there is no conclusive evidence, there is a memorial to the matter, as is said, “Be not among winebibbers; among riotous eaters of flesh.”[407]
3. “If he steal it from his father, and eat it (with permission) on the property of his father; from others, and eat it [pg 178] on the property of others; from others, and eat it on the property of his father?” “He is not a son stubborn and rebellious till he steal it from his father and eat it on the property of others.” R. José, the son of R. Judah, said, “till he steal it from his father and from his mother.”
4. “If his father desires (his punishment), and his mother does not desire it; his father does not desire it, and his mother does desire it?” “He is not declared a son stubborn and rebellious until both of them desire it.” R. Judah said, “if his mother was not suitable for his father, he is not declared a son stubborn and rebellious.” “One of them was broken-handed, or lame, or dumb, or blind, or deaf?” “He is not declared a son stubborn and rebellious,” as is said, “ ‘Then shall his father and his mother lay hold on him,’[408] which is impossible if they be broken-handed; ‘and bring him out,’ which is impossible if they be lame; ‘and they shall say,’ which is impossible if they be dumb; ‘this our son,’ which is impossible if they be blind; ‘he will not obey our voice,’ which is impossible if they be deaf. They must warn him before three judges, and then flog him.” “He returned to his bad habits?” “He is to be judged before twenty-three judges, but he is not to be stoned till the three first (judges) are present, as is said, ‘this our son’ who was flogged before you.” “He ran away before his judgment was finished, and afterward came to puberty?” “He is free.” “But if he ran away after the decision and then came to puberty?” “He is guilty.”
5. A son stubborn and rebellious is judged for the sake of his future prospects. The law says, “better die when he is innocent, and not die when he is guilty.” The death of the wicked is pleasant for them, and pleasant for the world; but the death of the righteous is evil for them, and evil for the world. Wine and sleep are pleasant to the wicked, and pleasant to the world; but for the righteous, it is evil for them, and evil for the world. Separation for the wicked is pleasant for them, and pleasant for the world; but for the righteous, it is evil for them, and evil for the world. Union for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world. Rest for the wicked [pg 179] is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.
6. If one engaged in burglary, he is judged for the sake of his future prospects. “He engaged in burglary and broke a barrel?” “If the owner might not kill him, he must pay for the barrel; but if the owner might kill him, he is freed from paying for the barrel.”
7. These are they who are rescued[409] with their souls—he who pursued after his companion to kill him, and one after a betrothed girl. But one about to profane the Sabbath, and one about to serve idols, such cannot be saved with their souls.[410]
Chapter IX
1. And these are to be beheaded. The murderer and the men of a city withdrawn to idolatry. “The murderer who smote his neighbor with a stone or iron, and he pressed him down in the midst of the water, or in the midst of fire, and he could not come out from thence, and he died?” “He is guilty.” “He pushed him into the midst of water, or into the midst of fire, and he could come out, but he died?” “He is free.” “He encouraged a dog against him, he encouraged a serpent against him?” “He is free.” “He caused a serpent to bite him?” Rabbi Judah declared him “guilty,” but the Sages “freed him.” “He smote his companion either with a stone or his fist, and he was counted for dead, and he became lighter, and afterward became heavier, and died?” “He is guilty.” R. Nehemiah said, “he is free, because there are extenuating circumstances in the matter.”
2. “His intention was to kill a beast, and he killed a man—a foreigner, and he killed an Israelite—a premature birth, and he killed a timely child?” “He is free.” “His intention was to smite his loins, and there was not sufficient force in the blow to cause death in his loins, and it passed to his heart, and there was sufficient force in the blow to cause death in his heart, and he died?” “He is free.” “His intention was to smite him [pg 180] on his heart, and there was sufficient force in the blow to cause death on his heart, and it passed on to his loins, and there was not sufficient force in the blow to cause death on his loins, but he died?” “He is free.” “His intention was to smite an adult, and there was not sufficient force in the blow to cause death to an adult, and it passed off to a child, and there was sufficient force to kill the child, and he died?” “He is free.” “His intention was to smite a child, and there was sufficient force in the blow to cause death to a child, and it passed to an adult, and there was not sufficient force to cause death to the adult, but he died?” “He is free.” “But his intention was to smite him on his loins, and there was sufficient force in the blow to cause death on his loins, and it passed to his heart, and he died?” “He is guilty.” “His intention was to smite an adult, and there was sufficient force in the blow to cause the death of the adult, and it passed to a child, and he died?” “He is guilty.” R. Simon said, “even if his intention be to kill this one, and he killed that one, he is free.”
3. “A murderer, who is mingled with others?” “All are to be freed.” R. Judah said, “they are to be collected in a prison.” “Several condemned to (different) deaths are promiscuously mingled?” “They are all to be adjudged the lightest punishment.” “Those condemned to stoning with those condemned to burning?” R. Simon said, “they are to be condemned to stoning, because burning is more grievous,” but the Sages say, “they are to be condemned to burning, because stoning is more grievous.” To them replied R. Simon, “if burning were not more grievous, it would not have been assigned to the daughter of a priest who was immoral.” They replied to him, “if stoning were not more grievous, it would not have been assigned to the blasphemer, and the idolater.” “Those condemned to beheading, mingled with those condemned to strangling?” R. Simon said, “they are to be put to death with the sword,” but the Sages say, “with strangling.”
4. “He who is found guilty of two deaths by the judges?” “He is condemned to the more grievous punishment.” “He committed a transgression, which made him deserve two deaths?” “He is condemned to the more grievous.” R. José said, “he is condemned for the first deed which he committed.”
5. “He who is flogged once and again?” “The judges commit [pg 181] him to prison, and they give him barley to eat till his belly bursts.” “He who killed a person without witnesses?” “They commit him to prison, and they give him to eat the bread of adversity, and the water of affliction.”[411]
6. “A thief who stole a sacred vessel, and he who cursed in necromancy, and the paramour of an Aramæan?” “The avengers may at once fall upon him.” “The priest who served in legal uncleanness?” “His brother priests have no need to bring him to the tribunal, but the young priests drag him outside of the court, and dash out his brains with fagots of wood.” “A stranger who served in the sanctuary?” R. Akiba said, he is to be killed “with strangling,” but the Sages say, “by the visitation of heaven.”
Chapter X
1. All Israel have a portion in the world to come, as is said, “Thy people also shall be all righteous,”[412] etc. And these are they who have no portion in the world to come: he who says there is no resurrection of the dead in the law, and that there is no revealed law from heaven, and the Epicurean. R. Akiba said, “even he who reads in forbidden[413] books, and he who mutters over a wound”; and he said, “I will put none of these diseases upon thee, which I have brought upon the Egyptians: for I am the Lord that healeth thee.”[414] Aba Shaul said, “even to meditate the NAME[415] in its letters.”
2. Three kings and four ordinary persons have no portion in the world to come. Three kings, Jeroboam, Ahab, and Manasseh. R. Judah said, “Manasseh had a portion in the world to come,” as is said, “And prayed unto him, and he was entreated of him, and heard his supplication, and brought him again to Jerusalem into his kingdom.”[416] The Sages said to him, “He brought him back to his kingdom, but He did not bring him back to life in the world to come.” Four ordinary persons, Balaam, and Doeg, and Ahitophel, and Gehazi, have no portion in the world to come.
3. The generation of the deluge has no portion in the world [pg 182] to come, and they stand not in judgment, as is said, “My Spirit shall not always strive with man.”[417] (They have) neither judgment nor spirit. The generation of the dispersion has no portion in the world to come, as is said, “So the Lord scattered them abroad from thence upon the face of all the earth.”[418] And the Lord scattered them in this world, and from thence the Lord scattered them in the world to come. The men of Sodom have no portion in the world to come, as is said, “But the men of Sodom were wicked and sinners before the Lord exceedingly,”[419] wicked in this world, and sinners in the world to come. But they will stand in judgment. R. Nehemiah said, “neither one nor other will stand in judgment,” as is said, “Therefore the ungodly shall not stand in the judgment, nor sinners in the congregation of the righteous.”[420] “Therefore the wicked shall not stand in judgment;” this is the generation of the deluge: “Nor sinners in the congregation of the righteous;” these are the men of Sodom. The (Sages) said to him, “they do not stand in the congregation of the righteous, but they stand in the congregation of the wicked.” The spies have no portion in the world to come, as is said, “Even those men that did bring up the evil report upon the land, died by the plague before the Lord.”[421] And they died in this world. They also died in the plague in the world to come. “The generation of the wilderness has no portion in the world to come, and they will not stand in judgment, as is said, ‘In this wilderness they shall be consumed, and there they shall die.’ ”[422] The words of R. Akiba. R. Eliezer said, “of them He said, ‘Gather my saints together unto me, those that have made a covenant with me by sacrifice.’ ”[423] “The congregation of Korah will not come up, as is said, ‘And the earth closed upon them’[424] in this world. ‘And they perished from among the congregation’ in the world to come.” The words of R. Akiba. R. Eliezer said, “of them he said, ‘The Lord killeth and maketh alive; he bringeth down to the grave and bringeth up.’ ”[425] “The ten tribes will not return, as is said, ‘And cast them into another land, as it is this day’;[426] as the day departs and does [pg 183] not return, so they depart and do not return.” The words of R. Akiba. R. Eliezer said, “as the day darkens and brightens, so will it be with the ten tribes; as it was dark for them, so will it be bright for them.”
4. The men of a city withdrawn to idolatry have no portion in the world to come, as is said, “Certain men, the children of Belial, are gone out from among you and have withdrawn the inhabitants of their city,”[427] and they are not to be killed till the withdrawers be from the city itself and from the tribe itself, and till it withdraw the majority, and till the withdrawers be men. If the withdrawers be women, or children, or the minority be withdrawn, or the withdrawers be outside it, they are to be treated singly, and they need two witnesses, and a warning to each one of them. It is more grievous for individuals than for the multitude, because individuals must be stoned, though for that reason their money is safe for their heirs; but the multitude are cut off with the sword, and for that reason their money is lost.
5. “Thou shalt surely smite the inhabitants of that city,”[428] etc. A caravan of asses or camels passing from place to place are delivered, as is said, “Destroying it utterly and all that is therein,” etc. From thence they said, “the property of the righteous in it is lost, out of the city it is safe. But that of the wicked, whether inside or outside, is lost.”
6. “And thou shalt gather all the spoil of it into the midst of the street thereof.”[429] If it have no street, they must make a street for it. If there be a street outside of it, they bring it inside. “And shalt burn with fire the city and all the spoil thereof,” its spoil but not the spoil of heaven. From thence they say, the holy things therein are to be redeemed, and the heave-offerings suffered to decay. The second tithes and holy writings are to be concealed. “Every whit for the Lord thy God.” Said R. Simon, “The Holy One, Blessed be He, said, If you execute judgment on the withdrawn city, I count it for you as though you brought a burnt-offering wholly before me.” “And it shall be a heap forever; it shall not be built again.” “Thou shalt not make of it even gardens or parks.” The words of R. José, the Galilean. R. Akiba said, “it shall not be builded again. It must not be built as it was [pg 184] before, but it may be made (into) gardens and parks.” “And there shall cleave naught of the cursed thing to thine hand.”[430] Whilst the wicked are in the world, wrath is in the world. When the wicked are destroyed from the world, wrath retires from the world.
Chapter XI
1. These are to be strangled—he who beats his father or his mother, and he who steals a soul from Israel, and an “elder” who is rebellious against the judges, and a false prophet, and he who prophesies in the name of idolatry, and false witnesses proved to be perjured against a priest's daughter and her paramour. He who beats father or mother is not guilty till he make a bruise in them. It is more grievous to curse them than to beat them. Because if he cursed them after their death, he is guilty; but if he beat them after their death, he is free. He who stole a soul from Israel is not guilty till he bring him on his property. R. Judah said, “till he bring him on his property and obtain service by him,” as is said, “And maketh merchandise of him, or selleth him.”[431] “If he steal his own son?” R. Ishmael, the son of R. Jochanan, the son of Beroka, pronounces him “guilty,” but the sages pronounce him “free.” “If he stole one, half a servant and half free?” R. Judah pronounces him “guilty,” but the Sages pronounce him “free.”
2. The elder rebellious against the decision of the judges? as it is said, “If there arise a matter too hard for thee in judgment,”[432] etc. There were three places of judgment. One place was by the door of the Mountain of the House; and one was by the door of the court; and one was in the chamber of hewn stone. The witnesses against the rebellious elder came to the one by the door of the Mountain of the House, and each one said, “so I expounded, and so my companions expounded; so I taught, and so my companions taught.” If the judges listened to them, they told them: but if not, they went to those at the door of the court, and each one said, “so I expounded, and so my companions expounded; so I taught, and so my companions taught.” If they listened to them, they told them; but if not, both parties went to the supreme [pg 185] court in the chamber of hewn stone, because from it the Law proceeded forth to all Israel, as is said, “Of that place which the Lord shall choose.”[433] “If the rebellious elder returned to his city, and taught as before?” “He is free.” “But if he decided to practise false teaching?” “He is guilty,” as is said, “And the man that will do presumptuously.”[434] He is not guilty till he decide to practise his false teaching. A disciple who decided to practise false teaching is free. It follows that what is a grave offence in the one is a light offence in the other.
3. The burden in the words of the scribes is greater than the burden in the words of the law. He who said, “There are no phylacteries, so as to transgress the words of the law?” “He is free.” He who said, “There are five frontlets, so as to add to the words of the scribes?” “He is guilty.”
4. “The judges do not put such an offender to death in the tribunal of his city, nor in the tribunal of Jabneh,[435] but they bring him up to the supreme court in Jerusalem, and they guard him till a holiday; and they put him to death on a holiday, as is said, ‘And all the people shall hear and fear, and do no more presumptuously.’ ”[436] The words of R. Akiba. R. Judah said, “they do not cause him anguish in delaying his judgment, but they execute him off-hand.” And they write and send messengers to all places, “Such a man, the son of such a man, is condemned to death by the tribunal.”
5. A false prophet, who prophesied what he did not hear, and what was not told to him, is put to death by the hands of man. But he who suppressed his prophecy, and he who added to the words of a prophet, and a prophet who transgressed his own words, is put to death by the visitation of heaven, as is said, “I will require it of him.”[437]
6. And he who prophesied in the name of idolatry and said, “so the idol said,” even though its decision was exactly to pronounce unclean the unclean, and to pronounce cleansed the clean, is to be strangled. And so also the false witnesses against a priest's daughter. Because all false witnesses are condemned to the same death which they had intended (for the accused), except false witnesses against the daughter of a priest, and they are to be strangled.
On Idolatry[438]
Dealings with Idolaters—Idolatrous Feasts—Things Not to be Sold to Idolaters—Labor with Idolaters—The Letting Out of Houses and Fields—Precautions—Things Forbidden and Things Allowed—Idols and Fragments of Idols—Hills and Groves—Houses Joined to an Idol Temple—Idolatrous Trees—Image of Mercury—Annulling Idolatry—Pagan Argument for Idolatry—Answer—Treading—Pressing—Baking—Wine of Libation—Culinary Utensils.
Chapter I
1. Three days before the feasts of the idolaters it is forbidden to deal with them, to lend articles to them, or to take a loan of articles from them; to make a loan of money to them, or to borrow money from them; to repay them, or to take payment from them. Rabbi Judah said, “it is allowed to take payment from them, since it is unsatisfactory to the idolater.” The (Sages) answered him, “though it is unpleasant to him now, he rejoices afterward.”
2. R. Ishmael said, “three days before and three days after their feasts it is forbidden.” But the Sages say, “before their feasts it is forbidden, after their feasts it is allowed.”
3. “And these are the feasts of the idolaters—the Kalends, and the Saturnalia, and the Quartesima, and the coronation day of their kings, and the day of their birth, and the day of their death.” The words of R. Meier. But the Sages say, “every death anniversary in which there is burning of incense,[439] there is in it the worship of idols. But if there be no burning of incense there is no worship of idols.” “The day of shaving his beard and cutting his hair, the day of his disembarking from the sea, and the day of his release from prison, and the day when the heathen makes a feast for his son?” “It is not forbidden to deal with them save on this day of his feast, and with this man who keeps the feast only.”
4. “The city in which there exists idolatry outside the city?” “It is allowed to deal with the idolaters.” “If the idolatry be outside?” “Inside it is allowed.” “How is it with going there?” “When the road directly leads to the place itself, it is forbidden; but if it be possible to go by it to another place, it is allowed.”
5. “If in the city in which there exists idolatry there be shops, some decorated with idolatrous crowns, and some without decoration?” This was the case in Bethshan; and the Sages say, “the decorated ones are forbidden for dealing, and those not decorated are allowed.”
6. These things are forbidden to be sold to idolaters—fir-cones, and the best figs, with their clusters, and incense, and the white cock. R. Judah said, “it is allowable to sell a white cock among many others. But when a man has only one, he must cut its claw before he sell it, since the heathen do not offer that which is blemished in idol worship.” And all other things for ordinary uses are allowed—but if they be declared to be for idolatry, they are forbidden. R. Meier said, “even the fine dates, and the date sap,[440] and the Jericho dates, are forbidden for sale to idolaters.”
7. Where they are accustomed to sell small cattle to idolaters, they may sell them. Where they are unaccustomed to sell them, they must not sell them. And everywhere they must not sell to them the large cattle, calves, ass foals, unblemished or blemished. R. Judah allowed the broken-boned; and Benbethira allowed even horses.
8. Men must not sell to them bears or lions, or anything in which there is peril to the multitude. They must not build with them royal halls,[441] judgment-seats, and stadiums,[442] and bemas.[443] But men may build with them altars and baths. When they reach to the arching in which they place their idol, it is forbidden to build farther.
9. And Israelites must not make decorations for idols, necklaces, and nose-rings, and rings. R. Eleazar said, “for pay it is allowed.” Men must not sell to them what is fastened to the ground. But one may sell it after it is cut down. R. Judah [pg 188] said, “one may sell it to a heathen on condition that he cuts it down.”
10. “Men must not let to them buildings[444] in the Land of Israel, and it is needless to say fields. But in Syria they may let to them buildings, but not fields. But out of the Land they may sell to them buildings, and may rent to them fields.” The words of R. Meier. R. José said, “in the Land of Israel men may let to them buildings, but not fields. But in Syria they may sell buildings and rent fields to them, and out of the Land they may sell both.” However, where they said to let, they did not say a dwelling-house; since a heathen can bring inside of it an idol, as it is said, “Thou shalt not bring in abomination into thy house.”[445] And everywhere a man must not hire to a heathen his bath, because it is called by his name.
Chapter II
1. Israelites must not put cattle in the stables of idolaters, because of their evil habits. And a woman must not be alone with them, because of their evil habits. And no man should be alone with them, because they are apt to shed blood.
2. A daughter of Israel must not attend an idolatrous woman, because she helps the birth of a child for idolatry. But an idolatress may attend a daughter of Israel. A daughter of Israel must not suckle a child of an idolatress; but an idolatress may suckle a child of a daughter of Israel, under her observation.
3. “Israelites may take from them medicine to cure property; but not to cure persons. And they are not to be shaved by them anywhere.” The words of R. Meier. But the Sages say, “under public observation it is allowed, but not entirely alone.”
4. These things of the idolaters are forbidden, and every use of them is strictly forbidden; wine, and vinegar of the heathen which was at first wine, and Hadrian's mixture[446] with its fragments, and hides of animals with their hearts[447] (torn [pg 189] out). Rabbi Simon, the son of Gamaliel, said, “when the rent is round, it is forbidden, when lengthwise, it is allowed.” “The flesh brought in for idolatry is allowed; but that which is brought out is forbidden, because it is the sacrifice for the dead.” The words of R. Akiba. It is forbidden to do business with those who go to worship the Penates; but with those who return from them it is allowed. “The skin-bottles of the idolaters and their jugs into which Jewish wine is poured, are forbidden, and every use of them is strictly forbidden.” The words of R. Meier. But the Sages say, “every use of them is not forbidden.” “Grape-stones and grape-skins of the idolaters are forbidden, and every use of them is strictly forbidden.” The words of R. Meier. But the Sages say, “when moist, they are forbidden; but when dry, they are allowed.” “Fish-brine and the cheese from Bethuniki,[448] a village of the idolaters, are forbidden, and every use of them strictly forbidden.” The words of R. Meier. But the Sages say, “every use of them is not forbidden.” R. Judah related, that R. Ishmael asked R. Joshua, as they were journeying along the road—he said to him, “why do they forbid the cheese of idolaters?” He replied to him, “because they cause it to ferment with the stomach of a carcass.” R. Ishmael said to him, “and is not the stomach of a burnt-offering of more importance than the stomach of a carcass,” and it was said, “the priest who was so minded supped the milk that was in it,” but the Sages did not agree with him, and they said, “the priests do not use it, and they are not guilty.” He changed the conversation, and said to him, “because they ferment it with the stomach of a calf (devoted) to idolatry.” He said to him, “if so, why do they not forbid it for every use?” He turned to another subject, and said to him, “brother Ishmael, how do you read, ‘For thy love is better than wine,’[449] or ‘For thy love is good’?” He replied to him, “For thy love is good.” He said to him, “it is not so, since the next verse explains it, ‘Because of the savor of thy good ointments.’ ”
5. These things of the idolaters are forbidden, but every [pg 190] use of them is not strictly forbidden; milk which a heathen milked, and an Israelite did not see it. “Their bread and oil?” “Rabbi and his colleagues allowed oil.” But the cookery, and the gravy into which they are wont to put wine and vinegar, and shred thunny fish, and the sauce in which the fish chalbith is not swimming, and the herring, and the essence of assafœtida, and spiced salt, are forbidden; but every use of them is not strictly forbidden.
6. These things are allowed for eating—milk which an idolater milked, and an Israelite saw, and honey and honeycomb, even if they are dropping, as they do not contain the effect of liquor,[450] and gravy into which they are not wont to put wine and vinegar, and shred thunny fish, and sauce in which there is the fish chalbith, and the leaf of the assafœtida, and olives crushed into round cakes. R. José said, “the kernels detached from the olives are forbidden.” The locusts which they bring from their baskets[451] are forbidden; but those brought from their magazines are allowed. And even so is the decision for their heave-offerings.
Chapter III
1. “All images are forbidden, because they are worshipped once a year.” The words of R. Meier. But the Sages say, “only those are forbidden which have in their hand a staff, or bird, or ball.” R. Simon, the son of Gamaliel, said, “all images which have in their hand anything whatever.”
2. “If one find the broken pieces of images?” “They are allowed (for useful purposes).” “If one find the figure of a hand, or the figure of a foot?” “They are forbidden, because such as they are worshipped.”
3. “(If one find) vessels on which is the form of the sun-disk, the form of the moon, the form of a dragon?” “They are to be carried into the Salt Sea.”[452] R. Simon, the son of Gamaliel, said, “when such forms are on precious (vessels) they are forbidden, when they are on insignificant (ones) they are allowed.”
4. R. José said, “one must grind the image to powder and scatter it to the wind, or cast it into the sea.” The Sages said to him, “then it will make dung,” and it is said, “And there shall not cleave to thy hand aught of the accursed thing.”[453]
5. Proclus, the son of a philosopher, asked R. Gamaliel, in Acho,[454] as he was bathing in the bath of Venus, and said to him, “it is written in thy law, ‘and there shall not cleave to thy hand aught of the accursed thing’; why dost thou bathe in the bath of Venus?” He said to him, “men do not give replies in the bath”; and when he came out he said to him, “I came not within its district; it came into my district.” They did not say, “let us make a bath to the honor of Venus, but they said, let us make Venus an honor to the bath.” Another thing: “if they gave thee money wouldst thou enter naked before thy idol, or wouldst thou do aught disgraceful in its presence? yet if it stands on a canal everyone dishonors it.” It is not said, save for their heathen gods, “that which is customary from its being a god, is forbidden, that which is not customary from its being a god, is allowed.”
6. Though idolaters worship the mountains and the hills, the mountains and the hills are allowed, but what is upon them is forbidden; as is said, “Thou shalt not covet the silver and the gold upon them to take them.”[455] R. José, the Galilean, said, “their gods of the mountains, but not the mountains their gods; their gods of the hills, but not the hills their gods.” “But why are the groves forbidden?” “Because they are prepared by man's hands, and every object of idolatry which is prepared by man's hands is forbidden.” Said R. Akiba, “I will consider and decide before thee; every place in which you find a high mountain, and an elevated hill, and a flourishing tree, know that there is idolatry.”
7. “He who had a house joined to an idol, and it fell down?” “It is forbidden to rebuild it.” “What shall he do?” “He must first reduce the size of the house by four cubits, and then rebuild it.” “If the house be in common between him and the idol?” “It is decided to leave the four cubits unoccupied, as its stones, wood, and dust cause defilement like a worm, ‘Thou shalt utterly detest it.’ ”[456]
8. There are three sorts of buildings. The house originally built for idolatry is forbidden. “If the idolater whitewashed, and painted, and repaired it for the idol?” “He must take down his repairs.” “If he brought in and afterward took out the idol?” “It is allowed.”
9. There are three sorts of stones. The stone originally hewn for a pedestal to the idol is forbidden. “If the idolater whitewashed, and painted, and repaired it to honor an idol?” “He must take down his repairs.” “If he placed his idol upon it, and afterward took it away?” “It is allowed.”
10. There are three sorts of groves. The tree originally planted to honor an idol is forbidden. “If the idolater cut it, and hewed it, and made changes to honor an idol?” “He must take down his changes.” “If he placed an idol beneath it and abused it?” “It is allowed.”
11. “What is a grove?” “That in which there is an idol.” R. Simon said, “everything that is worshipped, as it happened in Zidon at the tree where they worshipped, and they found beneath it a heap. Said R. Simon to them, ‘examine this heap.’ And they examined it and found in it an image. He said to them, ‘as the object of service is the image, we shall allow the tree to you.’ ”
12. One must not sit in the shadow of an idolatrous grove, and though he sit, he is legally clean. And one must not pass underneath it; even if one pass he is defiled. “If it occupy the public thoroughfare and one pass beneath it?” “He is clean.”
13. One may sow underneath it vegetables in winter, but not in summer. But lettuce[457] must not be sown either in summer or winter. R. José said, “not even vegetables in winter, since the leaves would fall upon them and serve them for dung.”
14. “Has one taken wood from it?” “Its wood is forbidden for every use.” “Has one heated an oven with it?” “If the oven be new it must be broken down, and if old it must be cooled down.” “Has one baked bread in it?” “The use of the bread is forbidden.” “Are the loaves mixed with other loaves, and these again with others?” “The use of all the loaves is forbidden.” R. Eliezer said, “its value is to be [pg 193] cast into the Salt Sea.” The Sages replied to him, “there is no redemption for idolatry.” “Has one made out of such a tree a weaver's shuttle?” “Its use is forbidden.” “Has one woven a garment with it?” “The use of the garment is forbidden.” “Is the garment mixed with other garments, and these again with others?” “The use of all the garments is forbidden.” Rabbi Eleazar said, “its value is to be cast into the Salt Sea.” The Sages replied to him, “there is no redemption for idolatry.”
15. “How is the tree to be desecrated?” “Has the idolater broken off dry bark, or green boughs; has he taken from it a staff, or a twig, or even a leaf—it is desecrated.” “Has he trimmed it for the sake of the tree?” “It is forbidden.” “Has he trimmed it, but not for the sake of the tree?” “It is allowed.”
Chapter IV
1. Rabbi Ishmael said, “three stones[458] beside each other at the side of the image of Mercury are forbidden, but two are allowed.” But the Sages say, “when they are within his view they are forbidden, but when they are not within his view they are allowed.”
2. “Has one found money on his head, a garment, or implements which are not offerings?” “They are allowed.” Festoons of grapes, wreaths of ears of corn, and wines, and oils, and fine flour, and everything similar offered on his altar are forbidden.
3. A garden or a bath for idolatry is permitted for use when it is gratuitous. But neither is to be used if a present for the worship of the idol be expected. If it be in partnership with others that are not so employed, either can be used, whether it be with the expectation of a present or gratuitous. The idol of idolaters is at once forbidden, but the idol of Israel is not forbidden until it be served.
4. An idolater may desecrate his own idol, or the idol of his companion. But Israel must not desecrate the idol of an idolater. In desecrating the idol he desecrates what appertains [pg 194] to it. “Has he desecrated what appertains to it?” “What appertains to it is allowed, but the idol itself is forbidden.”
5. “How is it to be desecrated?” “He cuts off the lobe of its ear, the tip of its nose, the end of its finger—he deforms even though he does not diminish it—it is desecrated.” “He spits before it, he drags it, and throws dirt upon it?” “It is not desecrated.” “Has he sold it or pledged it?” Rabbi says, “it is desecrated.” But the Sages say, “it is not desecrated.”
6. The idol, the service of which is abandoned in the time of peace, is allowed. “But if its service be abandoned in time of war?” “It is forbidden.”[459] The royal pedestals[460] are forbidden, because they are erected at the time when kings are travelling.
7. The elders were asked in Rome, “If God has no pleasure in idolatry, why does He not destroy it?” They replied to the Romans, “If the idolaters were serving a thing which was not necessary to the world, He would destroy it, but they serve the sun-disk, and the moon, and the stars, and the signs of the zodiac. Shall he destroy his world on account of the fools?” They replied to them, “If so He can destroy the object which is not wanted for the world, and leave that which the world wants.” They replied to them, “even we should be strengthening the hands of the worshippers of such objects; they would say, there is a proof that they are gods, because they are not destroyed.”
8. One may buy a wine-press pressed by an idolater, even though he take grapes with his hand and lay them on the heap of grapes, as it is not made the wine of idolatrous libation till it runs into the vat. “Has it run into the vat?” “That which is in the vat is forbidden, but the remainder is allowed.” One may tread with an idolater in the wine-press, but one must not gather grapes with him. One must not tread or gather grapes with an Israelite who works in a state of defilement. But one may carry with him empty barrels to the press and bring them away with him from the press. One [pg 195] must not knead nor prepare with the baker who works in (a state of) legal defilement, but one may carry the bread with him to the dealer in bread.
9. “If an idolater be found standing by the side of a wine vat, and if he have any loan upon it?” “It is forbidden.” “If he have no loan on it?” “It is allowed.” “Has he fallen into the vat and come out again, or measured it with a cane; has he driven away a hornet with a cane; or has he given a slap to the fermentation on the top of the barrel?” All these things once happened, and the (Sages) decided, “Let it be sold.” But R. Simon “allowed it.” He took the barrel and flung it in a rage into the vat. This once happened, and the Sages allowed it.
10. “Has one made the wine of an idolater without legal defilement, and left it in his possession in a house open to public concourse—in a city in which there are idolaters and Israelites?” “It is allowed.” “In a city in which all are idolaters?” “It is forbidden till he leave a watchman, and it is not needful that the watchman sit and watch. Even though he goes in and out it is allowed.” R. Simon, the son of Eleazar, said, “all possession of wine by idolaters is alike.” “Has one made the wine of a heathen without legal defilement, and left it in his possession, and the idolater afterward wrote to him, I have received from you the money for the wine?” “It is allowed.” “But if the Israelite wish to withdraw it, and the idolater do not permit him, till he shall give him his money for it?” This once happened in Bethshan, and the Sages “forbade it.”
Chapter V
1. “Has an idolater hired an Israelite to make with him wine of idolatrous libation?” “His wages are forbidden.” “But if he hired him to do with him another work, even though he say to him, ‘carry for me a barrel of wine of libation from place to place?’ ” “His wages are allowed.” “Has one hired an ass to bring on him wine of idolatrous libation?” “The hire is not allowed.” “Has one hired out the ass for riding, even though the idolater put his wine flask upon him?” “The hire is allowed.”
2. Wine of idolatrous libation which fell on grapes must be cleansed away, and they are allowed. But if the grapes be crushed, they are forbidden. “Has the idolatrous wine fallen on figs or on dates?” “If it convey to them a taste, they are forbidden.” It happened once with Baithus, son of Zonan, that he brought dried figs in a boat, and a barrel of wine of idolatrous libation was broken, and it fell upon them, and he consulted the Sages and they allowed them. This is the rule: In every use where the taste is conveyed, it is forbidden. But where in its use no taste is conveyed, it is allowed. It is like vinegar which has fallen on peas.
3. “An idolater who was carrying with an Israelite pitchers of wine from place to place?” “If it be certain that the idolater is watched, it is allowed.” “If the Israelite let him know that he is departing—if there be time to bore, to close, and to seal the pitcher?” R. Simon, son of Gamaliel, said, “it is not allowed if there be time to open, to cork, and to seal it again.” “And an Israelite put his wine into a carriage, or into a boat, and he has gone a near cut—he entered the city and washed?” “It is allowed.” “But if he let the idolater know that he is departing, if there be time to bore, and cork, and seal it again?” R. Simon, son of Gamaliel, said, “it is not allowed if there be time to open the barrel and cork and seal it again.” “If he leave the idolater in the wine-shop, even though he go in and out?” “It is allowed.” “But if he let the idolater know that he departs, if there be time to bore, and cork, and seal it again?” R. Simon ben Gamaliel said, “it is not allowed if there be time to open, and to cork, and to seal it again.” “Did he dine with the idolater at table, and he left a flask on the table, and a flask on the sideboard, and he left them and went out?” “That one which is on the table is forbidden, but that one on the sideboard is allowed.” “But if he said to him, ‘you may mix and drink wine, even that one on the sideboard is forbidden?’ ”[461] “Open barrels are forbidden, also sealed ones, when there is time to open, and cork, and seal them up again.”
4. If foreign banditti have entered into a city in time of peace, open barrels are forbidden—closed ones are allowed. [pg 197] If the banditti have entered in time of war, both are equally allowed, because there is no time for idolatrous libation.
5. When an idolater has sent to workmen of Israel a barrel of wine of idolatrous libation for wages, it is allowed to say, “give us its value.” “But if it has come into their possession?” “It is forbidden.”
6. “Has one sold wine to an idolater?” “If he agreed for the price before it is measured, its payment is allowed.” “Has he measured it before he agreed for the price?” “Its payment is forbidden.”
7. “Has one taken a funnel and measured wine into the bottle of an idolater, and he then turned round and measured wine into the bottle of an Israelite?” “If the funnel retain a drop of the wine of the idolater, the wine is forbidden.” “Has one poured the wine from vessel to vessel?” “That vessel from which he poured it is allowed, and that one into which he poured it is forbidden.”
8. Wine of idolatrous libation is forbidden, and even a little of it renders forbidden—wine in wine, and water in water—how much soever they be, and wine in water, and water in wine, in giving a taste. This is the rule: If both be of one sort, however little; if they be of different sorts, in giving a taste.
9. These things are forbidden, and even a little of them renders other things forbidden. Wine of idolatrous libation, and idols, and skins of beasts with the hearts torn out, and an ox that was stoned,[462] and a heifer that is beheaded,[463] and the birds from the leprosy, and the hair of the Nazarite,[464] and the first-born of the ass, and flesh in milk, and the scapegoat, and the profane animals[465] which were slaughtered in the Temple court. These are forbidden to be mixed with other things; and if so mixed, even a little of them renders other things forbidden.
10. “Wine of idolatrous libation which has fallen into a vat?” “All its use is forbidden.” R. Simon ben Gamaliel said, “it may all be sold to heathens, excepting the value of the wine of idolatrous libation which is in it.”
11. “A stone-press which an idolater has prepared with pitch?” “It must be cleansed, and it is clean.” “And if of wood?” Rabbi said, “it should be cleansed”; and the Sages said, “one must peel off the pitch; but if it be made of earthenware, even though one peel off the pitch, it is forbidden.”
12. “If one buy culinary utensils from an idolater?” “That which it is usual to dip (in water), one must dip; to scour, one must scour; to whiten in the fire, one must whiten in fire. The spit and the fork, one must whiten in the fire;[466] and the knife must be rubbed down, and it is clean.”