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8:6:1

משנה: הַתּוֹקֵעַ לַחֲבֵירוֹ נוֹתֵן לוֹ סֶלַע. רִבִּי יְהוּדָה אוֹמֵר מִשּׁוּם רִבִּי יוֹסֵי הַגָּלִילִי מְנָה. סְתָרוֹ נוֹתֵן לוֹ מָאתַיִם זוּז לְאַחַר יָדוֹ נוֹתֵן לוֹ אַרְבַּע מֵאוֹת זוּז. צָרַם בְּאָזְנוֹ תָּלַשׁ בְּשַׂעֲרוֹ רָקַק וְהִגִּיעַ בּוֹ הָרוֹק הֶעֱבִיר טַלִּיתוֹ מִמֶּנּוּ פָּרַע רֹאשָׁהּ שֶׁל אִשָּׁה נוֹתֵן אַרְבַּע מֵאוֹת זוּז וְהַכֹּל לְפִי כְבוֹדוֹ. אָמַר רִבִּי עֲקִיבָה אֲפִילוּ עָנִי שֶׁבְּיִשְׂרָאֵל רוֹאִין אוֹתָן כְּאִילּוּ הֵן בְּנֵי חוֹרִין שֶׁיָּרְדוּ מִנִּכְסֵיהֶן שֶׁהֵן בְּנֵי אַבְרָהָם יִצְחָק וְיַעֲקֹב. מַעֲשֶׂה בְּאֶחָד שֶׁפָּרַע רֹאשָׁהּ שֶׁל אִשָּׁה וּבָאת לִפְנֵי רִבִּי עֲקִיבָה וְחִיְיבוֹ לִיתֵּן לָהּ אַרְבַּע מֵאוֹת זוּז. אָמַר לוֹ רִבִּי תֵּן לִי זְמָן וְנָתַן לוֹ. שִׁימְּרָהּ עוֹמֶדֶת עַל פֶּתַח חֲצֵירָהּ וְשִׁיבֵּר אֶת הַפַּךְ בְּפָנֶיהָ וּבוֹ כְאִיסָּר שֶׁמֶן גִּילַּת אֶת רֹאשָׁהּ וְהָיְתָה מְטַפַּחַת וּמַנַּחַת עַל רֹאשָׁהּ וְהֶעֱמִיד לָהּ עֵדִים וּבָא לִפְנֵי רִבִּי עֲקִיבָה אָמַר לוֹ לָזֶה אֲנִי נוֹתֵן אַרְבַּע מֵאוֹת זוּז. אָמַר לוֹ לֹא אָמַרְתָּ כְּלוּם שֶׁהַחוֹבֵל בְּעַצְמוֹ אַף עַל פִּי שֶׁאֵינוֹ רַשַּׁאי פָּטוּר וַאֲחֵרִים שֶׁחָבְלוּ בוֹ חַיָיבִים. הַקּוֹצֵץ אֶת נְטִיעוֹתָיו עַל פִּי שֶׁאֵינוֹ רַשַּׁאי פָּטוּר וַאֲחֵרִים שֶׁקִצְּצוּ אֶת נְטִיעוֹתָיו חַיָיבִים.

MISHNAH: He who hits another61The meaning of this sentence is not clear. ‘Arukh: He blows his horn into the victim’s ear. Rashi quotes the Arukh and adds his teacher’s explanation: He hit him on his ear. Maimonides in his Mishnah Commentary: He hit him with his fist. In his Code (חובל ומזיק 9:3): He hit him with his flat hand. pays him a tetradrachma62The word סלע used in both Talmudim for tetradrachma is not the Hebrew “rock” but the Sumerian silà used in Accadic as the unit of volume (1/300 of a gur, כּוֹר).; Rebbi Jehudah says in the name of Rebbi Yose the Galilean, a mina63100 denarii.. If he slapped him, he pays 200 zuz64Accadic zūzum, from זוז “to split”, the half-šeqel piece, identified with the Roman denarius. The possession of 200 zuz disqualifies its holder from receiving public assistance (Mishnah Peah 8:8); it is a considerable sum., with the back of his hand he gives him 400 zuz. If he hurt him on his earlobe, tore out some of his hair, spat on him and the spit touched him, removed his stole, uncovered a woman’s hair65A married woman will indicate her status by having her hair covered in public. In the Babli and some Mishnah mss. it is stated explicitly “uncovered a woman’s hair in public”., he pays 400 zuz; everything corresponding to his honor66The sums stated in the Mishnah are maxima, applicable to the highest levels of society; the court may lower them in appropriate cases..
Rebbi Aqiba said, even the poorest in Israel are treated as aristocrats who lost their property67He disagrees with the last statement of the preceding Mishnah; the sums mentioned are mandatory in all cases., for they are descendents of Abraham, Isaac, and Jacob. In a case where somebody uncovered a woman’s hair, she came before Rebbi Aqiba who obligated him to pay her 400 zuz. He said to him, Rabbi, give me some time, which he did. He watched her at the entrance of her courtyard and broke a flask before her which contained an as worth of oil68A very small amount.. She uncovered her hair, splashed her hand with the oil and worked it onto her head. He had her observed by witnesses and came before Rebbi Aqiba, telling him, to such a one69Who uncovers herself for a very small gain. I have to give 400 zuz? He told him, you did not say anything since a person who injures himself, while he is not allowed to do that70Gen. 9:5, Deut. 4:15., is not liable, but others who injure him are liable; a person who cuts down his fruit trees, while he is not allowed to do that71Deut. 20:19; Ševi‘it 4:10, Notes 109–110., is not liable, but others who cut down his fruit trees are.

MISHNAH: He who hits another61The meaning of this sentence is not clear. ‘Arukh: He blows his horn into the victim’s ear. Rashi quotes the Arukh and adds his teacher’s explanation: He hit him on his ear. Maimonides in his Mishnah Commentary: He hit him with his fist. In his Code (חובל ומזיק 9:3): He hit him with his flat hand. pays him a tetradrachma62The word סלע used in both Talmudim for tetradrachma is not the Hebrew “rock” but the Sumerian silà used in Accadic as the unit of volume (1/300 of a gur, כּוֹר).; Rebbi Jehudah says in the name of Rebbi Yose the Galilean, a mina63100 denarii.. If he slapped him, he pays 200 zuz64Accadic zūzum, from זוז “to split”, the half-šeqel piece, identified with the Roman denarius. The possession of 200 zuz disqualifies its holder from receiving public assistance (Mishnah Peah 8:8); it is a considerable sum., with the back of his hand he gives him 400 zuz. If he hurt him on his earlobe, tore out some of his hair, spat on him and the spit touched him, removed his stole, uncovered a woman’s hair65A married woman will indicate her status by having her hair covered in public. In the Babli and some Mishnah mss. it is stated explicitly “uncovered a woman’s hair in public”., he pays 400 zuz; everything corresponding to his honor66The sums stated in the Mishnah are maxima, applicable to the highest levels of society; the court may lower them in appropriate cases..
Rebbi Aqiba said, even the poorest in Israel are treated as aristocrats who lost their property67He disagrees with the last statement of the preceding Mishnah; the sums mentioned are mandatory in all cases., for they are descendents of Abraham, Isaac, and Jacob. In a case where somebody uncovered a woman’s hair, she came before Rebbi Aqiba who obligated him to pay her 400 zuz. He said to him, Rabbi, give me some time, which he did. He watched her at the entrance of her courtyard and broke a flask before her which contained an as worth of oil68A very small amount.. She uncovered her hair, splashed her hand with the oil and worked it onto her head. He had her observed by witnesses and came before Rebbi Aqiba, telling him, to such a one69Who uncovers herself for a very small gain. I have to give 400 zuz? He told him, you did not say anything since a person who injures himself, while he is not allowed to do that70Gen. 9:5, Deut. 4:15., is not liable, but others who injure him are liable; a person who cuts down his fruit trees, while he is not allowed to do that71Deut. 20:19; Ševi‘it 4:10, Notes 109–110., is not liable, but others who cut down his fruit trees are.

8:6:2

הלכה: הַתּוֹקֵעַ לַחֲבֵירוֹ נוֹתֵן לוֹ סֶלַע. אָמַר רִבִּי עֲקִיבָה אֲפִילוּ עָנִי שֶׁבְּיִשְׂרָאֵל כול׳. תַּנֵּי רַב קַרְנִי. לַבְּעִיטָה אַחַת. לָרְכוּבָה שָׁלֹשׁ. לַסקלונקית חֲמֵשׁ עֶשְׂרֵה. חַד אָמַר בְּשֵׁם רֵישׁ לָקִישׁ. הַמְבַיֵישׁ אֶת הַזָּקֵן נוֹתֵן לוֹ דְמֵי בוֹשְׁתּוֹ מֻשְׁלַם. חַד בַּר נַשׁ אִיקְפַּד לְרִבִּי יוּדָה בַּר חֲנִינָה. אָתָא עוֹבְדָא קוֹמֵי רֵישׁ לָקִישׁ וּקְנָסֵיהּ לִטְרָא דִדְהַב.

HALAKHAH: “He who hits another pays him a tetradrachma.” “Rebbi Aqiba said, even the poorest in Israel,” etc. Rav Qarni stated: For a kick, one. For an elbow, three. For sqlvnqyt fifteen72In the parallel in Babli, 27b, the quote appears in Rav Ḥisda’s name. There, pushing with the elbow cost 3 tetradrachmas, a kick with the foot 5, and סנוקרת 13. The unexplained סנוקרת (which also is the reading of E here) according to R. Ḥananel (i. e., Gaonic tradition) means a hook with the fist under the chin; according to Rashi hitting somebody with a donkey saddle. The Genizah text reads יסקינוקינית, the Metivot fragment סקלוקינת. J. N. Epstein (ללקסיקון התלמודי 2/1 תרביץ p. 123–127) proposes Accadic sunkirtu (su-un-kir-tum) “camel’s hump” as origin. {Cf. Latin sculpturigo “scratching”, sculptorium “back scratcher” (E. G.).}. Somebody said in the name of Rebbi Simeon ben Laqish: He who puts an Elder to shame has fully to pay for his shame. A person insulted Rebbi Jehudah ben Ḥanina73The case is mentioned in Ketubot 4:8, Note 202.. The case came before Rebbi Simeon ben Laqish who fined him a pound of gold.

HALAKHAH: “He who hits another pays him a tetradrachma.” “Rebbi Aqiba said, even the poorest in Israel,” etc. Rav Qarni stated: For a kick, one. For an elbow, three. For sqlvnqyt fifteen72In the parallel in Babli, 27b, the quote appears in Rav Ḥisda’s name. There, pushing with the elbow cost 3 tetradrachmas, a kick with the foot 5, and סנוקרת 13. The unexplained סנוקרת (which also is the reading of E here) according to R. Ḥananel (i. e., Gaonic tradition) means a hook with the fist under the chin; according to Rashi hitting somebody with a donkey saddle. The Genizah text reads יסקינוקינית, the Metivot fragment סקלוקינת. J. N. Epstein (ללקסיקון התלמודי 2/1 תרביץ p. 123–127) proposes Accadic sunkirtu (su-un-kir-tum) “camel’s hump” as origin. {Cf. Latin sculpturigo “scratching”, sculptorium “back scratcher” (E. G.).}. Somebody said in the name of Rebbi Simeon ben Laqish: He who puts an Elder to shame has fully to pay for his shame. A person insulted Rebbi Jehudah ben Ḥanina73The case is mentioned in Ketubot 4:8, Note 202.. The case came before Rebbi Simeon ben Laqish who fined him a pound of gold.

8:6:3

רָקַק וְהִגִּיעַ בּוֹ הָרוֹק. עַד הֵיכַן הִגִּיעַ בּוֹ הָרוֹק. עַד גּוּפוֹ עַד כֵּלָיו. אֶלָּא רָקַק וְלֹא הִגִּיעַ בּוֹ הָרוֹק מָהוּ. אָמַר רִבִּי יוֹסֵי. הָדָא אָמְרָה. הַמְבַיֵישׁ אֶת חֲבֵירוֹ בִּדְבָרִים פָּטוּר.

“If one spat on him and the spit touched him.” How far does the spit have to reach? On his body, on his garments?74The question is not answered. One may conclude that there is no difference. The Babli, 91a, comes to the opposite conclusion, viz., that spitting on somebody’s garments is not punishable. But what is the rule if he spat and the spittle did not reach him? Rebbi Yose said, this implies that somebody who insults another person verbally is not liable75Since certainly spitting is not punishable if the spit falls to the ground before it reaches the intended victim, verbal spit which never touches cannot be punishable (in contrast to contemporary Roman or Egyptian laws.).

“If one spat on him and the spit touched him.” How far does the spit have to reach? On his body, on his garments?74The question is not answered. One may conclude that there is no difference. The Babli, 91a, comes to the opposite conclusion, viz., that spitting on somebody’s garments is not punishable. But what is the rule if he spat and the spittle did not reach him? Rebbi Yose said, this implies that somebody who insults another person verbally is not liable75Since certainly spitting is not punishable if the spit falls to the ground before it reaches the intended victim, verbal spit which never touches cannot be punishable (in contrast to contemporary Roman or Egyptian laws.).

8:6:4

תַּנֵּי רִבִּי אַבָּהוּ קוֹמֵי רִבִּי יוֹחָנָן. הֲרָגַתָּה שׁוֹרִי קָצָצְתָּה נְטִיעוֹתַיי. וַהֲלָהּ אוֹמֵר. אֵינִי יוֹדֵעַ. חַיָיב. אָמַר לֵיהּ. הֵן תַּנִּיתָהּ אִילֵּין לְמַקְרִילוֹת לִמְקַבִּילוֹת. אָמַר לֵיהּ. אֲנָא הוּא דְטָעִית וְאִינּוּן דַּמְרִין כֵּן. מֵעִידִין אָנוּ אִישׁ פְּלוֹנִי שֶׁהָרַג שׁוֹר פְּלוֹנִי. וַהֲלָהּ אוֹמֵר אֵינִי יוֹדֵעַ. חַיָיב. [אָמַר. הָא אֲמִירָה.]

Rebbi Abbahu stated before Rebbi Joḥanan: “You killed my ox, you cut down my fruit trees,” and the other says, I do not know, he is liable. He said to him, certainly you state that to the rabble76As J. Levy notes, the unexplained words מקרילות (Genizah מקבילות ,(מקליקות are onomatopoetic and intended as an insult. The Babli in such a situation uses חִילֵּק וּבִילֵּק “split and desolation” to designate the totally unworthy. R. Abbahu’s statement is not worth to be heard since nobody can be responsible for an undocumented claim about which he notes his own ignorance.. He answered, it is my fault, they said the following: “We testify against X that he killed ox Y” and the other says, I do not know, he is liable. [He said, that was stated.]77Not in the Leiden ms., added from the E and Genizah texts. R. Joḥanan notes that the statement in its present form is obviously true, hence unnecessary.
The Genizah text has a better version in R. Abbahu’s statement: “We testify against X that he killed Y’s ox or cut down his fruit trees.”

Rebbi Abbahu stated before Rebbi Joḥanan: “You killed my ox, you cut down my fruit trees,” and the other says, I do not know, he is liable. He said to him, certainly you state that to the rabble76As J. Levy notes, the unexplained words מקרילות (Genizah מקבילות ,(מקליקות are onomatopoetic and intended as an insult. The Babli in such a situation uses חִילֵּק וּבִילֵּק “split and desolation” to designate the totally unworthy. R. Abbahu’s statement is not worth to be heard since nobody can be responsible for an undocumented claim about which he notes his own ignorance.. He answered, it is my fault, they said the following: “We testify against X that he killed ox Y” and the other says, I do not know, he is liable. [He said, that was stated.]77Not in the Leiden ms., added from the E and Genizah texts. R. Joḥanan notes that the statement in its present form is obviously true, hence unnecessary.
The Genizah text has a better version in R. Abbahu’s statement: “We testify against X that he killed Y’s ox or cut down his fruit trees.”

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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