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3:11:1

משנה: לֹא יֵשֵׁב בְּצִילָּה וְאִם יָשַׁב טָהוֹר. וְלֹא יַעֲבוֹר תַּחְתֶּיהָ וְאִם עָבַר תַּחְתֶּיהָ טָמֵא. הָיְתָה גוֹזֶלֶת אֶת הָרַבִּים וְעָבַר תַּחְתֶּיהָ טָהוֹר. וְזוֹרְעִים תַּחְתֶּיהָ יְרָקוֹת בִּימוֹת הַגְּשָׁמִים אֲבָל לֹא בִּימוֹת הַחַמָּה. וְהַחַזְרִין לֹא בִּימוֹת הַחַמָּה וְלֹא בִּימוֹת הַגְּשָׁמִים. רִבִּי יוֹסֵי אוֹמֵר אַף לֹא יְרָקוֹת בִּימוֹת הַגְּשָׁמִים מִפְּנֵי שֶׁהַנְּבִיָּיה נוֹשֶׁרֶת עֲלֵיהֶן וְהֹוָוה לָהֶן לְזֶבֶל:

MISHNAH: One should not sit in its shadow253It was noted earlier that idols impart “tent” impurity (Note 184). Therefore if one sits under the crown of an Ashera he is impure by the impurity of the dead. But if he sits in its shadow but not under its crown, he illegally profits from idolatry but is not impure. If he passes under an Ashera he becomes impure like anybody passing under a tent above a corpse. But walking through the shadow of an Ashera outside its crown is not considered profiting from idolatry. but if one sat he is pure. One should not pass under it and if one passed under it he is impure. If it robbed the public254It is clear from the earlier sources (Note 184) and the following Halakhah that the tent impurity generated by an idol is purely rabbinic. If the crown of the Ashera extended over a public road, the customary impurity of idols never was intended to deprive Jews from using public roads. and one passed under it, he is pure. One may sow vegetables under it in the rainy season but not in summer255In winter, the shade given by the tree inhibits the growth of the vegetables; the tree is a detriment, not a positive influence. But in summer the shade is necessary; it clearly is usufruct., but lettuce neither in summer nor in the rainy season. Rebbi Yose says not even vegetables in the rainy season since falling leaves drop down on it and become fertilizer.

MISHNAH: One should not sit in its shadow253It was noted earlier that idols impart “tent” impurity (Note 184). Therefore if one sits under the crown of an Ashera he is impure by the impurity of the dead. But if he sits in its shadow but not under its crown, he illegally profits from idolatry but is not impure. If he passes under an Ashera he becomes impure like anybody passing under a tent above a corpse. But walking through the shadow of an Ashera outside its crown is not considered profiting from idolatry. but if one sat he is pure. One should not pass under it and if one passed under it he is impure. If it robbed the public254It is clear from the earlier sources (Note 184) and the following Halakhah that the tent impurity generated by an idol is purely rabbinic. If the crown of the Ashera extended over a public road, the customary impurity of idols never was intended to deprive Jews from using public roads. and one passed under it, he is pure. One may sow vegetables under it in the rainy season but not in summer255In winter, the shade given by the tree inhibits the growth of the vegetables; the tree is a detriment, not a positive influence. But in summer the shade is necessary; it clearly is usufruct., but lettuce neither in summer nor in the rainy season. Rebbi Yose says not even vegetables in the rainy season since falling leaves drop down on it and become fertilizer.

3:11:2

הלכה: לֹא יֵשֵׁב בְּצִילָּה כול׳. תַּמָּן אָמְרֵי בְשֵׁם רַב חִסְדָּא. צִילָּהּ אָסוּר. צֵל צִילָּהּ מוּתָּר. אֵי זֶהוּ צֵל צִילָּהּ וְאֵי זֶהוּ צִילָּהּ. תַּמָּן אָמְרֵי. כָּל שֶׁאִילּוּ תִיפּוֹל וְהִיא נוֹגַעַת בּוֹ זֶהוּ צִילָּהּ. וְכָל שֶׁאִילּוּ תִיפּוֹל וְאֵינָהּ נוֹגַעַת זֶהוּ צֵל צִילָּהּ.

HALAKHAH: “One should not sit in its shadow,” etc. There256In Babylonia. they say m the name of Rav Ḥisda: Its shadow is forbidden, its half-shadow is permitted. What is its shadow and what is its half-shadow? There they say, any place where if it would fall down would touch him is its shadow, but any place where if it would fall down would not touch him is its half-shadow257It is clear that at any place not under the tree’s crown there is no question of impurity. The discussion is only about the statement that one should not sit in the Ashera’s shadow. It is now added that in the half-shadow one may sit, i. e., far enough away that if the tree fell down in the direction of the person sitting there the fallen crown would not reach the person.
In the Babli, 48b, this is attributed to R. Joḥanan the Galilean.

HALAKHAH: “One should not sit in its shadow,” etc. There256In Babylonia. they say m the name of Rav Ḥisda: Its shadow is forbidden, its half-shadow is permitted. What is its shadow and what is its half-shadow? There they say, any place where if it would fall down would touch him is its shadow, but any place where if it would fall down would not touch him is its half-shadow257It is clear that at any place not under the tree’s crown there is no question of impurity. The discussion is only about the statement that one should not sit in the Ashera’s shadow. It is now added that in the half-shadow one may sit, i. e., far enough away that if the tree fell down in the direction of the person sitting there the fallen crown would not reach the person.
In the Babli, 48b, this is attributed to R. Joḥanan the Galilean.

3:11:3

מִפְּנֵי מַה צִילָּהּ אָסוּר. מִשּׁוּם שֶׁהוּא בַהֲנָאָה. הֲרֵי הַקֶּבֶר אָסוּר בַהֲנָאָה וְצִילּוֹ מוּתָּר. הֲרֵי הֵיכָל הֲרֵי הוּא אָסוּר בַהֲנָאָה וְרַבָּן יוֹחָנָן בֶּן זַכַּאי יוֹשֵׁב וְשׁוֹנֶה בְצִילּוֹ שֶׁלְּהֵיכָל. הֲוֵי לֵית טַעַם דְּלֹא מִשּׁוּם שֶׁהוּא אָסוּר בַּהֲנָאָה. רַב אַבִּין בְשֵׁם רַבָּנִן דְּתַמָּן. זֹאת אוֹמֶרֶת שֶׁאֵין טוּמְאַת הַמֵּתִים מְחוּוֶרֶת. דִּלֹא כֵן אִילּוּ קֶבֶר שֶׁהוּא גוֹזֵל אֵת הָרַבִּים וְעָבַר תַּחְתָּיו טָּהוֹר.

Why is its shadow forbidden? Because it is an enjoyment. But a grave is forbidden for usufruct and its shadow is permitted! But the Temple Hall is forbidden for usufruct and Rabban Joḥanan ben Zakkai was sitting and teaching in the shadow of the Temple Hall258Babli Pesaḥim 26a. There it is argued that he could do this only because the Temple was built for its service and the Herodian Hall was 100 cubits high so that its shadow at times extended beyond the Temple Hill; it never was intended that the shadow should prevent people from being there. This disagrees with the statements here.! Therefore the reason cannot be that it is forbidden for usufruct. Rav Abin in the name of the rabbis there256In Babylonia.: This implies that this impurity of the dead is not logically consistent259Since as pointed out in the next sentence, a mausoleum whose roof extends over a public road will automatically impart impurity to any Jew walking under it (and force any Cohen to make a detour to avoid passing under that roof) the rules of the Ashera cannot be deduced from the rules of the impurity of the dead. They are customary rules and as such not susceptible to logical analysis.. For otherwise if a grave were robbing the public and one passed under it one would be pure.

Why is its shadow forbidden? Because it is an enjoyment. But a grave is forbidden for usufruct and its shadow is permitted! But the Temple Hall is forbidden for usufruct and Rabban Joḥanan ben Zakkai was sitting and teaching in the shadow of the Temple Hall258Babli Pesaḥim 26a. There it is argued that he could do this only because the Temple was built for its service and the Herodian Hall was 100 cubits high so that its shadow at times extended beyond the Temple Hill; it never was intended that the shadow should prevent people from being there. This disagrees with the statements here.! Therefore the reason cannot be that it is forbidden for usufruct. Rav Abin in the name of the rabbis there256In Babylonia.: This implies that this impurity of the dead is not logically consistent259Since as pointed out in the next sentence, a mausoleum whose roof extends over a public road will automatically impart impurity to any Jew walking under it (and force any Cohen to make a detour to avoid passing under that roof) the rules of the Ashera cannot be deduced from the rules of the impurity of the dead. They are customary rules and as such not susceptible to logical analysis.. For otherwise if a grave were robbing the public and one passed under it one would be pure.

3:11:4

גַּמְלִיאֵל זוּגָא הֲוָה מִיסְתַּמֵּיךְ בְּרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ. מַטּוֹן בָּהוּ תַבְנִיתָא. אָמַר לֵיהּ. מָהוּ נִיעֲבוֹר קוּמוּי. אָמַר לֵיהּ. עֲבוֹר קוֹמוֹי וְסַמִּי עֵינֵיהּ. רִבִּי יִצְחָק בַּר מַתָּנָה הֲוָה מִיסְתַּמֵּיךְ בְּרִבִּי יוֹחָנָן. מַטּוֹן צִלְמָא דְבוּלֵי. אָמַר לֵיהּ. מָהוּ נִיעֲבוֹר קוּמוּי. אָמַר לֵיהּ. עֲבוֹר קוֹמוֹי וְסַמִּי עֵינֵיהּ. רִבִּי יַעֲקֹב בַּר אִידִי הֲוָה מִיסְתַּמֵּיךְ בְּרִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי. מַטּוֹן לָאַדּוּרֵי צִלְמָא. אָמַר לֵיהּ. נָחוּם אִישׁ קוֹדֶשׁ קָדָשִׁים עֲבַר וְאַתְּ לֵית אַתְּ עֲבַר. עֲבוֹר קוֹמוֹי וְסַמִּי עֵינֵיהּ.

Gamliel the Twin was supporting260In this paragraph, the second person mentioned always is the authority who in walking leans upon one of his students. A comparison with other occurrences shows that מיסתמיך ב means “was supporting” but מיסתמיך על is “leaning on.” Rebbi Simeon ben Laqish. They came to this statue. He asked him, may we pass in front of it? He said, pass by it and blind its eye261One “blinds the eye” of the idol by passing by it without taking any notice of it and the idol sees that it is not taken seriously.. Rebbi Isaac bar Mattanah was supporting Rebbi Joḥanan. They came to the statue of the city council262Greek βουλή. In Tiberias this probably was a statue of divus Tiberius. He asked him, may we pass in front of it? He said, pass by it and blind its eye. Rebbi Jacob bar Idi was supporting Rebbi Joshua ben Levi. They came to the statue of Herod263In Moˋed qatan 3:7 the spelling is as here. In Berakhot 2:1 (Note 57) אהדורי, in Šeqalim 2:6 ארורא, in Midrash Shemuel 19[4], ed. Buber Note 17, הרודיס, in Yalqut Šemuel # 124 הרודוס. The last two readings “Herod” seem to be the correct one.. He told him, Naḥum the most holy man17Sanhedrin 10:6 Note 335, Megillah 1:13 (72b l. 57) 3:3 (74a l. 39); Babli Šabbat 118b, Pesaḥim 104a. passed by it and you do not want to pass by? Pass by it and blind its eye!

Gamliel the Twin was supporting260In this paragraph, the second person mentioned always is the authority who in walking leans upon one of his students. A comparison with other occurrences shows that מיסתמיך ב means “was supporting” but מיסתמיך על is “leaning on.” Rebbi Simeon ben Laqish. They came to this statue. He asked him, may we pass in front of it? He said, pass by it and blind its eye261One “blinds the eye” of the idol by passing by it without taking any notice of it and the idol sees that it is not taken seriously.. Rebbi Isaac bar Mattanah was supporting Rebbi Joḥanan. They came to the statue of the city council262Greek βουλή. In Tiberias this probably was a statue of divus Tiberius. He asked him, may we pass in front of it? He said, pass by it and blind its eye. Rebbi Jacob bar Idi was supporting Rebbi Joshua ben Levi. They came to the statue of Herod263In Moˋed qatan 3:7 the spelling is as here. In Berakhot 2:1 (Note 57) אהדורי, in Šeqalim 2:6 ארורא, in Midrash Shemuel 19[4], ed. Buber Note 17, הרודיס, in Yalqut Šemuel # 124 הרודוס. The last two readings “Herod” seem to be the correct one.. He told him, Naḥum the most holy man17Sanhedrin 10:6 Note 335, Megillah 1:13 (72b l. 57) 3:3 (74a l. 39); Babli Šabbat 118b, Pesaḥim 104a. passed by it and you do not want to pass by? Pass by it and blind its eye!

3:11:5

לֵית הָדָא פְלִיגָא עַל רִבִּי יוֹחָנָן. דְּרִבִּי יוֹחָנָן אָמַר. עֲבוֹדָה זָרָה שֶׁנִּשְׁתַּבְּרָה אֲסוּרָה. לֹא כֵן סָבְרִנָן מֵימַר. אִם בְּשֶׁאֵינוֹ עָתִיד לְהַחֲזִירָן לְכִלְיָין דִּבְרֵי הַכֹּל מוּתָּר. תִּיפְתַּר בָּעֲבוֹדָה זָרָה שֶׁלְּיִשְׂרָאֵל. לֵית הָדָא פְלִיגָא עַל רַב. דְּרַב אָמַר. לְצוֹרְכָהּ הִיא אֲסוּרָה וּשְׁפָיֶיהָ מוּתָּרִין. עוֹד הִיא תִּיפְתַּר בָּעֲבוֹדָה זָרָה שֶׁלְּיִשְׂרָאֵל. מִפְּנֵי מַה הַכֹּל פּוֹרְשִׁין הִימֶּינָּהּ. מִפְּנֵי שֶׁנִּיבּוּלָהּ רַע.

Does this264The last sentence of the Mishnah, where R. Yose forbids planting anything. Why should the status of wilted leaves be different from broken pieces? It is not so much the statement of R. Joḥanan but the following statement that anything which cannot be repaired is permitted. Wilted leaves certainly cannot be restored. not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, an idol which was broken is forbidden? And so we are thinking to say if in the future he cannot restore it whole it is permitted according to everybody216The statement of R. Simeon ben Laqish and the opposing statement of R. Joḥanan only refer to situations where it is not clear whether the idol can be restored or not.. Explain it about a Jew’s idol265Which is permanently forbidden.. Does this not disagree with Rav, since Rav said, for its purpose it is forbidden but its shavings are permitted266In the Babli, 49b, this is a baraita: “A Gentile who worked on an idol with a plane, if it was for his benefit it and its shavings are permitted, for its benefit it is forbidden but the shavings are permitted. A Jew who worked on an idol with a plane, whether it was was for his or its benefit, both it and its shavings are forbidden.” Cf. Mishnah and Halakhah 16.? Again explain it about a Jew’s idol. Why does everybody stay away from it267Why does nobody ever take advantage of the permission given in the Mishnah to plant vegetables under an Ashera in the winter?? Because its dropping leaves are bad.

Does this264The last sentence of the Mishnah, where R. Yose forbids planting anything. Why should the status of wilted leaves be different from broken pieces? It is not so much the statement of R. Joḥanan but the following statement that anything which cannot be repaired is permitted. Wilted leaves certainly cannot be restored. not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, an idol which was broken is forbidden? And so we are thinking to say if in the future he cannot restore it whole it is permitted according to everybody216The statement of R. Simeon ben Laqish and the opposing statement of R. Joḥanan only refer to situations where it is not clear whether the idol can be restored or not.. Explain it about a Jew’s idol265Which is permanently forbidden.. Does this not disagree with Rav, since Rav said, for its purpose it is forbidden but its shavings are permitted266In the Babli, 49b, this is a baraita: “A Gentile who worked on an idol with a plane, if it was for his benefit it and its shavings are permitted, for its benefit it is forbidden but the shavings are permitted. A Jew who worked on an idol with a plane, whether it was was for his or its benefit, both it and its shavings are forbidden.” Cf. Mishnah and Halakhah 16.? Again explain it about a Jew’s idol. Why does everybody stay away from it267Why does nobody ever take advantage of the permission given in the Mishnah to plant vegetables under an Ashera in the winter?? Because its dropping leaves are bad.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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