Yerushalmi Avodah Zarah 4:1 ירושלמי עבודה זרה ד׳:א׳

MISHNAH: Rebbi Ismael said, three stones next to one another and next to a Mercury¹A Hermes stele, where every passer-by is supposed to add a stone to the heap covering it. Cf. Sanhedrin5:2 Note 36, Mishnah 7:12. The stele is a phallic symbol (Herodotus II 54). are forbidden, but two are permitted²If the stones are separated from the heap they do not belong to it. One starts a new heap with a triangle of stones, not with two stones.. But the Sages say, what is seen with it is forbidden³Since the additional stones are thrown, even if they are found separately from the mound but near to it one may assume that they were thrown as homage to Mercury., what is not seen with it is permitted.

HALAKHAH: “Rebbi Ismael said,” etc. Rebbi Immi said, the reason of Rebbi Ismael is because of a small Mercurius next to a large Mercurius. But the rabbis say, because of the feet of Mercurius. How large are the feet of Mercurius? 50 cubits⁴Within 50 cubits of the center of the heap the stones “are seen with it.” Babli 50a..

The practice of Mercurius is the following: Two stones one touching the other and the third on top of them⁵This does not mean that the third stone lies vertically on top of the other two since this is a very unstable arrangement. It must be that the third stone forms a triangle together with the others; then the third stone is on the altitude of the triangle which is at a right angle to, i. e. “on”, the base line.. If one put down the second one and they warned him because of “it and its young”⁶Lev. 22:28. The text is very elliptic here; it is explained by the following quote from Terumot.
A person is starting to build a rudimentary Mercurius. When he had put down the second stone he decided to sacrifice to the yet unfinished idol and he chose for this purpose an animal and its young. As explained in Sanhedrin, a criminal conviction in rabbinic theory is possible only if criminal intent was proven by the testimony of two eye witnesses that the perpetrator had duly been warned of the criminal nature of his intended act. Also, for one act there can be only one punishment. Slaughtering an animal and its young on the same day is a simple criminal infraction for which no punishment is spelled out in the biblical text. The prescribed punishment for such an act is flogging., he is whipped. Because of idolatry he is stoned⁷One has to read “is not stoned”. Since two stones do not make an idol, even if there was criminal intent no crime was committed.. If he put down the third⁸Then there is an idol and even though it is worshipped by throwing an additional stone, anything which would be part of the service in the Temple when done for an idol is a capital crime whether or not the idol is worshipped in this way.; there is a disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. ⁹This text to the end of the paragraph is from Terumot7:1 Notes 64–66; Ketubot3:1 (27c l.21). For they disagreed: If somebody slaughters an animal and its young for idolatrous purposes. Rebbi Joḥanan says, if he was cautioned about an animal and its young he is flogged, about idolatry he is stoned. Rebbi Simeon ben Laqish said, even if he is cautioned about an animal and its young he is not flogged since he would be stoned to death had he be cautioned about idolatry.

What is a Mercurius? Any which borders the ocean or roads¹⁰Indicating a landing spot on the shore or a road crossing on land.. The practice of Mercurius is by throwing. What if he bowed down before it? Rebbi Yose said, essentially is is called Mercurius only for bowing down, a maskit stone you shall not put up in your land to bow down on it¹¹Lev. 26:1. The connection to be made between משׂכית and מרקוליס is not clear.. I could think that one may not put two stones next to one another and put his box down on them, the verse says to bow down on it, you do not bow down on it but you put your box down on it; you do not bow down on it but you bow down on the stones of the Temple¹²Babli Megillah22b; Sifra Behar Pereq9(5)..

Rav commanded to the family of Rav Aḥa, Rebbi Immi commanded to his own family, if you go out on the fast day¹³Usually, “fast day” is one of the days of penitence called in case of a drought, as described in Tractate Ta`anit. However, since the Babli states (Ta`anit11b) in the name of Rav’s colleague R. Jeremiah bar Abba that this kind of fast day is not practiced in Babylonia, Rav’s instructions to the family of Rav Aḥa can only refer to the Fast Day, the Day of Atonement, where it is customary to prostrate oneself during the recitation of Rav’s composition Alenu at the mention that “we prostrate ourselves” and during the enactment of the Temple ceremony of the day. Cf. Note 18. you should not incline normally¹⁴Face down on the floor. The examples following refer to the daily prayers which morning and afternoon have three parts. The first, the “eighteen benedictions” are said standing, the second, “falling down on one’s face”, is said while bending down, and the third, a recitation of biblical verses, is said sitting up straight. Following the majority opinion here and the unquestioned prescription of the Babli (Megillah22b) one may not put down one’s face to the ground but must bend it sideways. This presumes that the synagogue had a stone floor (as shown by the archeological evidence in Galilee.) There would be no need to turn one’s head on a dirt floor or on carpets.. Rebbi Jonah inclined on his side; Rebbi Aḥa inclined on his side. Rebbi Samuel said, I saw Rebbi Abbahu inclining normally. Rebbi Yose said, I pointed out a difficulty before Rebbi Abbahu, is it not written¹¹Lev. 26:1. The connection to be made between משׂכית and מרקוליס is not clear., a maskit stone you shall not put up in your land to bow down on it. Explain it if he fixed a place for it. But is it not written¹⁵2S. 15:32. A “high place” on the Mount of Olives which however had not to be destroyed since there was neither altar nor stone floor., it was when David arrived at the mountaintop where one bows down before God? Except bowing down which is not on the ground. Does there exist bowing down which is not on the ground? They fell down with their faces to the ground and bowed down¹⁶2Chr.7:3.. Rebbi Abbahu added up to give thanks to the Eternal for He is good; Rebbi Mana added up to for eternal is His kindness to Israel¹⁷The additions of RR. Abahu and Mana are in the verse, except for the addition “on Israel” which are not in this verse nor in any other biblical occurrence of the formula give thanks to the Eternal for He is good, for eternal is His kindness.. Rebbi Joḥanan said to Rebbi Ḥiyya bar Abba: Babylonian, two things came from you, the stretching out on the Fast Day¹⁸Prostrating oneself with outstretched arms and legs. Since the only day one did this in Babylonia was the day of Atonement, it must refer to that day., and the willow of the Seventh Day¹⁹Hitting the floor with a bunch of willow twigs on the Seventh Day of the Festival of Tabernacles; an ancient custom to induce ample rains in the coming winter.. The rabbis of Caesarea say, also this blood letting²⁰Traditions of good and bad days for blood letting.. It follows what Rebbi Immi said, the Babylonians in the name of the rabbis there: They permitted prostrating only on a public fast, and only on the side²¹To avoid violating Lev.26:1. These now are Babylonian instructions for the Palestinian fast days for rain which were not practiced in Babylonia.. The younger Rebbi Yannai in the name of his fathers: Anybody who is not qualified like Joshua that if he falls on his face the Holy One, praise to Him, would tell him, get up²²Jos.7:10., should not fall down, in the case of an individual [praying] for the community²³An individual praying in public for the relief of a public calamity may not prostrate himself unless he claims for himself a status at least equal to Joshua’s. A private person praying for private needs may prostrate himself as much and as long as he feels necessary. Babli Megillah22b in the name of R. Eleazar..

“But the Sages say, what is seen with it is forbidden, what is not seen with it is permitted.” (What is seen with it, its body, is forbidden; what is not seen with it is permitted.)²⁴The first time (in parentheses) the scribe mixed the Mishnah text with the intended explanation. The second time then he wrote correctly. What is seen with it⁴Within 50 cubits of the center of the heap the stones “are seen with it.” Babli 50a. is its body, what is not seen with it is not its body. ²⁵A quote from Chapter 3, Notes 215 ff. Does this not disagree with Rebbi Simeon ben Laqish since Rebbi Simeon ben Laqish said, an idol which was broken is permitted? And so we are thinking to say if in the future he can restore it whole it is permitted²⁶It is clear that one has to read with the text in 3:2 “forbidden”. The argument goes as follows: Since the stones lying around a Mercurius are just pebbles, should they not be considered shards? The answer is that the pebbles can easily be put back on the mound; therefore they are forbidden. according to everybody. ²⁵A quote from Chapter 3, Notes 215 ff. Does this not disagree with Rebbi Joḥanan, as 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 everybody. ²⁷Chapter 3, Note 71.

But Rebbi Yudan the father of Rebbi Mattaniah said, if they were lying on their spot it is as if he would return it to its wholeness. And these are at their place²⁸Therefore they are forbidden according to everybody..

Rebbi Abba in the name of Rav: Sometimes you are saying, broken pieces of idols cannot be nullified. And sometimes you are saying, serving pieces of idols cannot be nullified²⁹Both versions are reported as to be stated by Rav. He who says serving pieces, certainly idols. But he who says idols, therefore not serving pieces. Rebbi Samuel, Rebbi Abbahu in the name of Rav: Mercurius stones which were scattered never can be nullified, because of worship of idols³⁰Since the worship of Mercurius is by throwing a stone on the heap, all stones (except the core which formed it in the first place) are offerings to the idol which are permanently and irrevocably forbidden.. Rebbi Joḥanan heard it and said, our teacher taught us well, since if one bows down before an idol of (mourners)³¹A scribal error. Instead of שלאבלים read שֶׁלָּאֹכְלִים “of food”. they never can be nullified.

How does one nullify it? Rebbi Ḥiyya bar Ada said, by spit³²By having a Gentile spit on some of the core stones.. But did not Rebbi Ḥiyya state: Scattered stones of Mercurius have no nullification? Rebbi Phineas said, here those which where thrown at it; there those which were not thrown at it³³As noted before, the original mound can be disassembled and its stones used; the accretions by passers-by cannot.. As this: Rebbi Simeon ben Rebbi had a Mercurius on his field. He came to his burgonar³⁴Probably a dweller or supervisor of a burgus,πυργός “tower”; cf. Chapter 1, Note 229. The conjecture of M. Sokoloff, “tenant farmer” based on an interpretation of D. Sperber (Essays on Greek and Latin in the Mishna, Talmud and Midrashic Literature, Jerusalem 1982) of πυργός as “farm house” is not convincing. Also compare Greek πυρκαεύς. “fire-kindler” (E. G.). and told him, since I heard that the magistrate³⁵Greek ἄρχων. wants to pass by here tomorrow, by your life lift these stones. After he³⁶The burgonar. had lifted them, he wanted to take them away. He³⁷R. Simeon ben Rebbi. told him, they are mine. Rebbi Ḥiyya bar Abba heard this and said, did not the Elder Rebbi Ḥiyya state this³³As noted before, the original mound can be disassembled and its stones used; the accretions by passers-by cannot.? But since he had heard it from him, he reinforced³⁸R. H.I.D. Azulay reports (ככר לאדן) a ms. reading חזר “he repeated”. and fixed it³⁹He publicized what he had done in order to fix practice following R. Hiyya in the interpretation of R. Phineas..