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5:8:1

משנה: בּוֹלֶשֶׁת שֶׁנִּכְנְסָה לָעִיר בִּשְׁעַת שָׁלוֹם חָבִיּוֹת פְּתוּחוֹת אֲסוּרוֹת וּסְתוּמוֹת מוּתָּרוֹת. בִּשְׁעַת מִלְחָמָה אֵילּוּ וָאֵילּוּ מוּתָּרוֹת לְפִי שֶׁאֵין פְּנַאי לְנַסֵּךְ:

MISHNAH: If an investigative unit104Police or military who enter all houses. came to a village in times of peace, open amphoras are forbidden105One may assume that they take from the wine whether or not it is legal. and sealed ones permitted. In times of war these and those are permitted since there is no time to make libations106The soldiers cannot risk getting drunk..

MISHNAH: If an investigative unit104Police or military who enter all houses. came to a village in times of peace, open amphoras are forbidden105One may assume that they take from the wine whether or not it is legal. and sealed ones permitted. In times of war these and those are permitted since there is no time to make libations106The soldiers cannot risk getting drunk..

5:8:2

הלכה: בּוֹלֶשֶׁת שֶׁנִּכְנְסָה לָעִיר כול׳. בְּשְׁעַת הַשְּׁמַד הַכֹּל אָסוּר. שֶׁאֵי אֶיפְשָׁר שֶׁלֹּא הָיָה שָׁם יִשְׂרָאֵל שֶׁלֹּא עֲבָדָהּ עַל כּוֹרְחוֹ. הָדָא אָמְרָה. עֲבוֹדָה זָרָה שֶׁעֲבָדָהּ יִשְׂרָאֵל אֵינָהּ בְּטֵילָה לְעוֹלָם. אָמַר רִבִּי יוֹסֵי. וְאַתְּ שְׁמַע מִינָּהּ. עֲבוֹדָה זָרָה שֶׁעֲבָדָהּ יִשְׂרָאֵל עַל כּוֹרְחוֹ אֵינָהּ בְּטֵילָה לְעוֹלָם.

HALAKHAH: “If an investigative unit came to a village,” etc. In times of a religious persecution all is forbidden107This does not refer to the Mishnah but to a text similar to Tosephta 5:6: Pedestals erected by Gentiles in times of religious persecution (as base for statues of the Emperor or of Rome, Halakhah 3:10 Note 231) are never annulled.; it is impossible that there was not a single Jew who worshipped it under duress. This implies that an idol which was worshipped by a Jew is never invalidated108This is a statement in Halakhah 4:4, Note 30, for which proof was not given there.. Rebbi Yose said, you infer from this that an idol which was worshipped by a Jew under duress is never invalidated109The statement is much stronger than the one stated in Halakhah 4:4 since there one speaks of idols genuinely worshipped by a Jew. But here it follows that the act of worship by a Jew makes it permanently forbidden even if the only intent of the Jew was to escape martyrdom. Cf. Babli 54a..

HALAKHAH: “If an investigative unit came to a village,” etc. In times of a religious persecution all is forbidden107This does not refer to the Mishnah but to a text similar to Tosephta 5:6: Pedestals erected by Gentiles in times of religious persecution (as base for statues of the Emperor or of Rome, Halakhah 3:10 Note 231) are never annulled.; it is impossible that there was not a single Jew who worshipped it under duress. This implies that an idol which was worshipped by a Jew is never invalidated108This is a statement in Halakhah 4:4, Note 30, for which proof was not given there.. Rebbi Yose said, you infer from this that an idol which was worshipped by a Jew under duress is never invalidated109The statement is much stronger than the one stated in Halakhah 4:4 since there one speaks of idols genuinely worshipped by a Jew. But here it follows that the act of worship by a Jew makes it permanently forbidden even if the only intent of the Jew was to escape martyrdom. Cf. Babli 54a..

5:8:3

אָמַר רִבִּי יוֹחָנָן. לֵית כָּאן אֲסוּרוֹת אֶלָּא מוּתָּרוֹת. אָמַר רִבִּי זְעִירָא. אִית כָּאן אֲסוּרוֹת. דְּאִין מַטֶּה בֵיהּ הוּא מוֹדַע לֵיהּ. וְאִין לָא מַטֶּה בֵיהּ לָא מוֹדַע לֵיהּ דְּלָא יְהֵא שְׁלִים לֵיהּ טִיבוּ. רִבִּי אִמִּי בְשֵׁם רִבִּי יוֹחָנָן. בְּשָׁלוֹם בּוֹלֶשֶׁת וּבְמִלְחֶמֶת בּוֹלֶשֶׁת.

Rebbi Joḥanan said, there is no “forbidden” here, only “permitted”. Rebbi Ze`ira said, there is “forbidden” here110R. Joḥanan deletes the first part of the Mishnah; R. Ze`irah confirms the text of the Mishnah.. For if he reaches it he will inform him; if he does reach it he will not inform him, lest he owe him a favor111If the investigator opens the wine amphora, he will inform the owner. Then the wine will be forbidden under the general rules of wine touched by a pagan; the Mishnah is not necessary in this case. If he does not open the amphora the owner may assume that the investigator did not inform him out of malice; even if there was time for new clay to dry (following Rabban Simeon ben Gamliel) one may assume that the amphora was not touched. It is this later statement which R. Ze`ira objects to.. Rebbi Immi in the name of Rebbi Joḥanan: If the investigative unit comes in peaceful or warring manner112It is not a question whether the investigators are sent by the villagers’ own government or a hostile power but whether they come with friendly or adversary intent, expecting collaboration or hostile reception..

Rebbi Joḥanan said, there is no “forbidden” here, only “permitted”. Rebbi Ze`ira said, there is “forbidden” here110R. Joḥanan deletes the first part of the Mishnah; R. Ze`irah confirms the text of the Mishnah.. For if he reaches it he will inform him; if he does reach it he will not inform him, lest he owe him a favor111If the investigator opens the wine amphora, he will inform the owner. Then the wine will be forbidden under the general rules of wine touched by a pagan; the Mishnah is not necessary in this case. If he does not open the amphora the owner may assume that the investigator did not inform him out of malice; even if there was time for new clay to dry (following Rabban Simeon ben Gamliel) one may assume that the amphora was not touched. It is this later statement which R. Ze`ira objects to.. Rebbi Immi in the name of Rebbi Joḥanan: If the investigative unit comes in peaceful or warring manner112It is not a question whether the investigators are sent by the villagers’ own government or a hostile power but whether they come with friendly or adversary intent, expecting collaboration or hostile reception..

5:8:4

חִיוְיָא מִי פֲרֵי בַתְרֵיהּ נְפַל לְגוֹבָא. אֲתַא עוֹבְדָא קוֹמֵי רַבָּנִין וְאַכְשְׁרוּן. אָמְרִין. אֵין פְּנַאי לְהַטִּיל אֵירֶס.

A snake when pursuing him fell in a pit. The case came before the rabbis who declared it usable. They said, there was no time to deposit poison113This is an unrelated story; its connection with the Mishnah is the expression “there was no time” to cause damage. The problem here is the general prohibition to drink water or wine that was left standing unsupervised. This is a sanitary, not a religious, rule since we are afraid that a poisonous snake could have drunk from the fluid and in the process left its own poison in the fluid; Halakhah 2:3. Here it is noted that if the snake fell into a cistern full of wine while attacking (a human?, an animal?) it is not intent on drinking but will try to get out, so as not to drown, as fast as possible. Therefore there is no health hazard in drinking the wine..

A snake when pursuing him fell in a pit. The case came before the rabbis who declared it usable. They said, there was no time to deposit poison113This is an unrelated story; its connection with the Mishnah is the expression “there was no time” to cause damage. The problem here is the general prohibition to drink water or wine that was left standing unsupervised. This is a sanitary, not a religious, rule since we are afraid that a poisonous snake could have drunk from the fluid and in the process left its own poison in the fluid; Halakhah 2:3. Here it is noted that if the snake fell into a cistern full of wine while attacking (a human?, an animal?) it is not intent on drinking but will try to get out, so as not to drown, as fast as possible. Therefore there is no health hazard in drinking the wine..

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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