Hebrew Literature Part 6

Chapter III

1. "How long may men bring out dung to the heap?" "Till the time comes for stopping work." The words of R. Maier. R. Judah said, "till its fertility(48) dry out." R. Jose said, "till it hardens into a lump."

2. "How much may men manure?" "As much as three times three heaps for fifty cubits square of ten times ten a.s.s panniers, each containing a letech.(49) They may increase the panniers, but they must not increase the heaps." Rabbi Simon said, "also the heaps."

3. A man may make for his field three times three heaps to the fifty cubits square. "For more than these he must excavate the earth." The words of R. Simon. But the Sages "forbid it, till he sink the heaps three handbreadths, or till he raise them three above the earth." A man may keep his manure in store. Rabbi Maier "forbade it till he sink it three handbreadths, or till he raise it three." If he have only a little, he may increase it and proceed in his work. Rabbi Eleazar, the son of Azariah, "forbade it till he sink the manure three handbreadths, or raise it three, or till he place it on a rock."

4. "He who stables his cattle in his field?" "He may make a pen twice fifty cubits square. He may remove three sides and leave the middle one.

It follows that he has a stable four times fifty cubits square." Rabbi Simon, the son of Gamaliel, said "eight times fifty cubits square." "If his whole field were four times fifty square cubits?" "He should leave a little s.p.a.ce because of the observant eye, and he may remove the manure of his cattle from the pen and put it into the middle of his field, as men usually manure."

5. A man may not open a quarry in the beginning of the Sabbatical year in his field, unless there be already in it three heaps of stones measuring three cubits by three cubits, and in height three cubits, counting twenty-seven stones in each heap.

6. A fence composed of ten stones each, of weight sufficient for two men, may be removed. "If the fence measure ten handbreadths?" "Less than this he may clear off, but he must leave it a handbreadth high over the ground." These words only speak of his own field. But from his neighbor's field he may take away what he pleases. These words speak of the time when one did not begin the work on the eve of the Sabbatical year. "But if one begin on the eve of the Sabbatical year?" "He may take away what he pleases."

7. Stones shaken by the plough, or those covered and afterward exposed, if there be among them two of a burden for two men, may be removed. He who removes stones from his field may remove the upper (ones),(50) but he must leave those touching the earth. And so also from a heap of rubbish, or a heap of stones, one may take away the upper part, but must leave that which touches(51) the earth. If there be beneath them a rock, or stubble, they may be removed.

8. Men must not build terraces on the face of the hills on the eve of the Sabbatical year, when the rains have ceased, because that is preparation for the Sabbatical year. But one may build them in the Sabbatical year, when the rains have ceased, because that is preparation for the close of the Sabbatical year. And men must not strengthen them with mortar, but they may make a slight wall. Every stone which they can reach(52) with their hands and remove, they may remove.

9. "Shoulder stones may come from every place, and the contractor may bring them from every place. And these are shoulder stones, every one which cannot be carried in one hand." The words of R. Maier. Rabbi Jose said, "shoulder stones, commonly so named, all that can be carried, two, three, upon the shoulder."

10. He who builds a fence between his own and public property may sink it down to the rock. "What shall he do with the dust?" "He may heap it up on the public property, and benefit it." The words of R. Joshua. R. Akiba said, "as we have no right to injure public property, so we have no right to benefit it." "What shall he do with the dust?" "He may heap it up in his own field like manure, and so also when he digs a well, or a cistern, or a cave."

Chapter IV

1. In olden times they used to say a man may gather wood, stones, and gra.s.s in his own (field), just as he may gather that which is greater out of his neighbor's field. When transgressors increased, a rule was made that this one should gather from that one, and that one from this one, without benefit; and it is unnecessary to say that one could not promise victuals to those who gathered.

2. A field cleared of thorns may be sown in the close of the Sabbatical year. If it be tilled or manured by cattle, it must not be sown in the close of the Sabbatical year. "If a field be twice ploughed?"(53) The school of Shammai say, "its fruit must not be eaten in the Sabbatical year." But the school of Hillel say, "it may be eaten." The school of Shammai say, "they must not eat its fruit on the Sabbatical year, if (the owner of it have) benefit therefrom." But the school of Hillel say, "men may eat it whether there be or be not benefit." R. Judah said, "the words are contrary; that which is permitted by the school of Shammai is restricted by the school of Hillel."

3. Men may contract for cultivated fields from Gentiles on the Sabbatical year, but not from Israelites. And they may strengthen the hands of the Gentiles on the Sabbatical year, but not the hands of Israelites. And in saluting Gentiles they may ask after their peace for the sake of peace.(54)

4. "If one thins olive trees?" The school of Shammai say, "only cut them down," and the school of Hillel say, "one may root them out"; but they both agree that for smoothing the earth the trees must be cut down. "What is meant by thinning?" "Removing one or two." "What is meant by smoothing the earth?" "Removing three trees each by the side of the other." "How is this understood?" "That one may root them out not only of his own field, but also when smoothing down the field of his neighbor."

5. "He who cleaves olive trees must not fill in the vacuum with earth; but he may cover it over with stones or stubble. He who cuts down trunks of sycamore must not fill in the vacuum with earth, but he may cover it over with stones or stubble. Men must not cut down a young sycamore in the Sabbatical year, because that is labor." R. Judah said, "if as it is usually done it is forbidden: but one may allow it to be ten handbreadths high, or cut it just above the ground." "He who lops off vine tendrils, and cuts reeds?" R. Jose the Galilean said, "he must leave them an handbreadth high." Rabbi Akiba said, "he may cut them as it is usual with an axe, or sickle, or saw, or with whatever he pleases." "A tree that is split?" "Men may bind it round in the Sabbatical year, not that it may cohere, but that its fissure may not extend."

7. "From what time may the fruits of trees in the Sabbatical year be eaten?" "Unripe fruits, when they are becoming transparent, may be eaten with a piece of bread in the field. When they are mellow, they may be gathered into the house; and so also with all like them." During the remainder of the seven years their t.i.thes must be paid.

8. The sour grapes in which there is juice may be eaten with a piece of bread in the field. Before they rot they may be gathered into the house, and so also with all like them. During the remainder of the seven years their t.i.thes must be paid.

9. "Olives from which men have collected the fourth of a log(55) of oil to the seah?"(56) "They may be crushed and eaten in the field." When men can collect from them half a log, they may be pounded and used for anointing in the field. When those have been collected which have attained a third of their size they may be pounded in the field, and gathered into the house, and so also with all like them. During the remainder of the seven years their t.i.thes must be paid. But for the rest of all fruits of trees, as are their seasons for the laws of t.i.thes, so are their seasons for the laws of the Sabbatical year.

10. "From what time may men not cut trees in the Sabbatical year?" The school of Shammai say, "every tree when it shoots forth." The school of Hillel say, "the locust trees when they put forth their curling tendrils, and the vines when they form berries, and the olives when they flower. And the rest of the trees when they shoot forth." But it is permitted to cut all trees, when they come to the season, for t.i.thes. "How much fruit should be in the olive tree to prevent its being cut down?" "A quarter cab." Rabban Gamaliel said, "the whole depends on the size."

Chapter V

1. The Sabbatical year of white figs(57) is the second after the Sabbatical year, because they produce in three years. Rabbi Judah said, "The Sabbatical year of the Persian figs is the close of the Sabbatical year, because they produce in two years." The Sages replied to him, "they only said white figs."

2. "If one store eschalots in the Sabbatical year?" R. Maier said, "there must be not less than two seahs,(58) in height three handbreadths, and over them an handbreadth of dust." But the Sages say, "not less than four cabs, in height an handbreadth, and an handbreadth of dust over them, and they must be stored in a place where men tread."(59)

3. "Eschalots over which the Sabbatical year has pa.s.sed?" Rabbi Eleazar said, "if the poor have gathered the leaves they are theirs; but if not, the owner must reckon with the poor." R. Joshua said, "if the poor have gathered the leaves, they are theirs; but if not, the poor cannot reckon with the owner."

4. "Eschalots of the eve of the Sabbatical year which have entered on the Sabbatical year, and summer onions, and also dye(60) plants of the best ground?" The school of Shammai say, "they are to be rooted out with wooden spades." But the school of Hillel say, "with metal axes." But they both agree with regard to dye plants on rocky ground, that they are to be rooted out with metal axes.

5. "From what time is it allowed to buy eschalots on the departure of the Sabbatical year?" R. Judah said, "off hand"; but the Sages say, "when the new ones become plenty."

6. These are the implements which the farmer is not permitted to sell in the Sabbatical year-the plough with all its implements, the yoke, the shovel, and the goad. But he may sell the hand-sickle, and the harvest-sickle, and the wagon, with all its implements. This is the rule: "all implements, the use of which may be misapplied for transgression, are forbidden; but if they be (partly for things) forbidden and (partly for things) allowed, they are permitted."

7. The potter may sell five oil-jugs, and fifteen wine-jugs, because it is usual to collect fruits from the free property. And if one bring more than these, it is allowed, and he may sell them to idolaters in the land, and to Israelites out of the land.

8. The school of Shammai say, "a man must not sell a ploughing heifer on the Sabbatical year"; but the school of Hillel allow it, "because the buyer may slaughter her." He may sell fruits in the time of sowing, and may lend another man his measure, even if he know that the other man have a threshing-floor, and he may change money for him, even if he know that he have laborers. But if it be openly declared, all is forbidden.

9. A woman may lend to her companion on the Sabbatical year, even when she is suspicious, a flour-sieve or a grain-sieve, and a hand-mill and an oven; but she is neither to pick the wheat nor grind it with her. A woman of a special religious society may lend to the wife(61) of an ordinary man a flour-sieve, or a grain-sieve, and may pick wheat, or grind it, or sift it, with her. But when she (the wife of an ordinary man) pours in the water, she (a woman of a special religious society) must not touch the flour (to knead it) with her, lest she strengthen the hands of a transgressor. And all these things were not said save for the sake of peace. And we may strengthen the hands of idolaters in the Sabbatical year, but not the hands of Israel; and in salutation we may ask after their peace, for the sake of peace.

Chapter VI

1. Three countries (are included) in the laws of the Sabbatical year. In all the possessions of those who returned from Babylon-from the (border) of the land of Israel and to Cezib,(62) we may not eat cultivated fruit, and we may not cultivate the ground. And in all the possessions of those who came up from Egypt from Cezib, and to the river of Egypt, and to the Amana,(63) we may eat cultivated fruits, but we may not cultivate the ground. From the river of Egypt, and from the Amana to the interior, we may eat the fruits and cultivate the ground.

2. Men may labor in that which is separated from the ground in Syria, but not in that which is attached to the ground. They may thresh, and shovel, and tread out, and make sheaves, but they must not reap the grain nor glean the grapes, nor beat the olives. This is the rule; said Rabbi Akiba, "all things similar to that which is allowed in the land of Israel, men may do in Syria."

3. "Onions upon which fell rain and they sprouted?" "If the leaves on them be dark, they are forbidden; if green, they are allowed." Rabbi Chanina, the son of Antigonus, said, "if they can be pulled up by their leaves they are forbidden; and contrariwise if it happened so in the close of the Sabbatical year, they are allowed."

4. "From what time may men buy greens at the close of the Sabbatical year?" "From the time that similar young ones are produced. If the earlier ones are prematurely ripened, than the later ones are allowed." Rabbi(64) allowed greens to be bought off-hand at the close of the Sabbatical year.

5. Men must not export oil(65) which is only to be burned, nor fruits of the Sabbatical year, from the land to lands abroad. Said Rabbi Simon, "I expressly heard that they may be exported to Syria, but that they must not be exported to lands abroad."

6. Men must not import a heave-offering from abroad into the land. Said Rabbi Simon, "I expressly heard that they may import it from Syria, but that they must not import it from lands abroad."

Chapter VII

1. The Sages stated an important rule: "In the Sabbatical year, everything eaten by man and eaten by beast, and a kind of dye-stuff, and whatever cannot remain in the ground, to them the laws of the Sabbatical year apply, and to their value the laws of the Sabbatical year apply. They are to be cleared off from being private property, and their price is to be cleared off from being private property."(66) "And which are these?" "The leaves of the deceitful scallion, and the leaves of mint, succory, and cresses, and the leek, and the milk-flower."(67) "And what is eaten by beasts?" "Thorns and thistles and a kind of dye-stuff, sprouts of indigo and madder. To them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply. They are to be cleared off from being private property, and their price is to be cleared off from being private property."

2. And again, the Sages stated another rule: "All which is not eaten by man nor eaten by beasts, and a kind of dye-stuff, and whatever remains in the ground, to them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply, but they are not to be cleared off from being private property, nor is their price to be cleared off from being private property." "And which are these?" "The root of the deceitful scallion, and the root of the mint, and scorpion gra.s.s,(68) and the bulbs of the milk-flower, and the spikenard, and a kind of dye-stuff, the dye-plant, and the wormwood,-to them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply. They are not to be cleared off from being private property, nor is their price to be cleared off from being private property." Rabbi Maier said, "their prices are to be cleared off from being private property till New Year's Day." The Sages said to him, "if they are not to be cleared off from being private property, it is immaterial about their prices."

3. "The peelings and flower of the pomegranate, the sh.e.l.ls and kernels of nuts?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." The dyer may dye for himself, but he must not dye for pay, because men must not trade in fruits of the Sabbatical year, nor in the first-born, nor in heave-offerings, nor in carca.s.ses, nor in that which is torn, nor in abominations, nor in creeping things. And one must not buy greens of the field and sell them in the market. But one may gather them, and his son may sell them on his account.