Talmud Yerushalmi
Yerushalmi Bava Kamma 9:10 ירושלמי בבא קמא ט׳:י׳
Part of: Chapter 9
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משנה: נָתַן הַכֶּסֶף לִיהוֹיָרִיב וְאָשָׁם לִידַעְיָה יָצָא. אָשָׁם לִיהוֹיָרִיב וְכֶסֶף לִידַעְיָה אִם קַיָים הָאָשָׁם יַקְרִיבוּהוּ בְנֵי יְדַעְיָה וְאִם לָאו יַחֲזוֹר וְיָבִיא אָשָׁם אֲחֵר שֶׁהַמֵּבִיא גְזֵילוֹ עַד שֶׁלֹּא הֵבִיא אֲשָׁמוֹ יָצָא. אֲשָׁמוֹ עַד שֶׁלֹּא הֵבִיא גְזֵילוֹ לֹא יָצָא. נָתַן אֶת הַקֶּרֶן וְלֹא נָתַן אֶת הַחוֹמֶשׁ אֵין חוֹמֶשׁ מְעַכֵּב.
MISHNAH: If he gave the money to Yehoiarib and the reparation offering to Yedaiah122In the list of watches, 1Chr.24:7–18, Yehoiarib is the first and Yedaiah the second watch. The restitution may precede the offering but cannot follow it. As explained at the end of the Mishnah, the reparation offering (whether for swearing falsely to a native born Jew or to a proselyte) cannot be accepted by the Temple if it was not ascertained that restitution was made since both in Lev. 5:25 as in Num.5:8 the sacrifice is clearly demanded after restitution had been made. There can be no ritual cleansing if the human aspect was not attended to., he has fulfilled his obligation. The reparation offering to Yehoiarib and the money to Yedaiah, if the offering still is alive it should be brought by Yedaiah123Since the priests of Yehoiarib have no right to officiate in Yedaiah’s week; this is the “right sold by the forefathers” (Deut. 18:8).; otherwise he was to come back and bring another reparation offering; for he who brings the robbed item before he brings the reparation offering has fulfilled his obligation, but he who brings the reparation offering before he brings the robbed item has not fulfilled his obligation. If he paid the capital but not the fifth, the fifth is no obstacle124Non-payment of the fifth does not invalidate the sacrifice but the sacrifice does not absolve from paying the fifth at a later date..
MISHNAH: If he gave the money to Yehoiarib and the reparation offering to Yedaiah122In the list of watches, 1Chr.24:7–18, Yehoiarib is the first and Yedaiah the second watch. The restitution may precede the offering but cannot follow it. As explained at the end of the Mishnah, the reparation offering (whether for swearing falsely to a native born Jew or to a proselyte) cannot be accepted by the Temple if it was not ascertained that restitution was made since both in Lev. 5:25 as in Num.5:8 the sacrifice is clearly demanded after restitution had been made. There can be no ritual cleansing if the human aspect was not attended to., he has fulfilled his obligation. The reparation offering to Yehoiarib and the money to Yedaiah, if the offering still is alive it should be brought by Yedaiah123Since the priests of Yehoiarib have no right to officiate in Yedaiah’s week; this is the “right sold by the forefathers” (Deut. 18:8).; otherwise he was to come back and bring another reparation offering; for he who brings the robbed item before he brings the reparation offering has fulfilled his obligation, but he who brings the reparation offering before he brings the robbed item has not fulfilled his obligation. If he paid the capital but not the fifth, the fifth is no obstacle124Non-payment of the fifth does not invalidate the sacrifice but the sacrifice does not absolve from paying the fifth at a later date..
הלכה: נָתַן אֶת הַכֶּסֶף לִיהוֹיָרִיב כול׳. רִבִּי חִזְקִיָּה אָמַר. בִּשְׁתֵּי שַׁבָּתוֹת פְּלִיגִין. רִבִּי יוֹסֵי אָמַר. בְּשַׁבָּת אַחַת. מָאן דָּמַר. בִּשְׁתֵּי שַׁבָּתוֹת. נָתַן אֶת הַכֶּסֶף לִיהוֹיָרַיב בְּמִשְׁמָר יְדַעְיָה וְאָשָׁם לִידַעְיָה בְמִשְׁמָר יְהוֹיָרִיב יָצָא. רִבִּי אוֹמֵר. אִם כְדִבְרֵי רִבִּי יוּדָן אִם הִקְרִיבוּ בְנֵי יְהוֹיָרִיב אֶת הָאָשָׁם לֹא נִתְכַּפֵּר לָהֶן אֶלָּא יוֹלִיךְ אֶת הַכֶּסֶף מִבְּנֵי יְדַעְיָה אֶל בְּנֵי יְהוֹיָרִיב. וְיַקְרִיבוּ בְּנֵי יְהוֹיָרִיב אֶת הָאָשָׁם וְיִתְכַּפֵּר לָהֶן. זֹאת אוֹמֶרֶת. אַנְשֵׁי מִשְׁמָר שֶׁזָּכוּ בַּמִּשְׁמָר שֶׁלֹּא בְשַׁבָּתָן מוֹצִיאִין אוֹתוֹ מִיָּדָן. מָאן דָּמַר. בְּשַׁבָּת אַחַת פְּלִיגִין. נָתַן אֶת הַכֶּסֶף לִיהוֹיָרִיב בְּמִשְׁמָר יְדַעְיָה אָשָׁם לִידַעְיָה בְמִשְׁמָר יְהוֹיָרִיב לֹא יָצָא כול׳. זֹאת אוֹמֶרֶת. אַנְשֵׁי מִשְׁמָר שֶׁזָּכוּ בְקָרְבַּן בְּשַׁבָּתָן אֵין מוֹצִיאִין אוֹתָן מִיָּדָן. וְאִם עִיבֵּר מִשְׁמָר בְּנֵי יְהוֹיָרִיב. כֵּינִי מַתְנִיתָא. וְאִם הָיָה שֶׁעִיבֵּר לְאַחַר יָמִים זָכוּ בְּנֵי יְהוֹיָרִיב אֶת הָאָשָׁם לֹא נִתְכַּפֵּר לָהֶן. אֶלָּא יוֹלִיךְ אֶת הַכֶּסֶף מִבְּנֵי יְדַעְיָה אֶצֶל בְּנֵי יְהוֹיָרִיב וְיַקְרִיבוּ בְנֵי [יְדַעְיָה] אֶת הָאָשָׁם וְיִתְכַּפֵּר לָהֶם. זֹאת אוֹמֶרֶת. אַנְשֵׁי מִשְׁמָר שֶׁזָּכוּ בְקָרְבַּן בְּשַׁבָּתָן. נִתְעַצְּלוּ ולֹא הִקְרִיבוּהוּ מוֹצִיאִין אוֹתָן מִיָּדוֹ.
HALAKHAH: “If he gave the money to Yehoiarib,” etc. Rebbi Ḥizqiah said, they disagree125There is no disagreement in the Mishnah. The entire Halakhah is based on the baraita quoted in the following; paralleled in Tosephta 10:18 (Babli 111a), except that in the text here the disagreement is missing. about two weeks, Rebbi Yose said about one week. He who said about two weeks, “if he gave the money to Yehoiarib on Yedaiah’s watch and the reparation offering to Yedaiah on Yehoiarib’s watch, he has fulfilled his obligation.126What is missing here is the statement of the diagreement: “If the offering was given to Yehoiarib and the money to Yedaiah, R. Jehudah requires the money to be transferred to the offerers of the sacrifice, the Sages that the sacrifice be transferred to the recipients of the money.”
Both watches acted incorrectly by not checking whether the money had been delivered before the sacrifice. If each watch received their part during their week then clearly the situation is that of the Mishnah where a new offering is needed if the first one is not available to the second watch. But if the second watch received the money at the same time the first received the sacrifice, then R. Jehudah and the Sages disagree about who has to give up his part. Rebbi said, following Rebbi Jehudah’s words if the men from Yehoiarib offered the reparation offering there was no atonement; but the money should be transferred from the men of Yedaiah to the men of Yehoiarib; the men from Yehoiarib then shall offer the reparation offering for atonement.” This implies that one removes the money given to men of a watch not during their week. He who said that they disagree about one week, if he gave the money to Yehoiarib on Yedaiah’s watch and the reparation offering to Yedaiah on Yehoiarib’s watch127The sacrifice one week before the delivery of the money., means that he did not fulfill his obligation, etc. This implies that one does not remove a sacrifice which men of a watch received during their week. But if the watch of the men of Yehoiarib dragged their feet, then the baraita implies that they dragged their feet after the men of Yehoiarib received the reparation offering after days128The watch cannot keep the animal for 24 weeks until their turn comes again., and there is no atonement. But one has to transfer the money from the men of Yedaiah to the men of Yehoiarib, the men of Yedaiah129In E: “Yehoiarib”. This clearly is a corruption. But the text common to both mss. is also incorrect. Since the hypothesis was that the money had been given to Yehoiarib, it is clear that one has to read: “One has to transfer the money from the men of Yehoiarib to the men of Yedaiah.” shall offer the reparation offering, and there will be atonement. This implies that if men of a watch received a sacrifice during their week but were lazy and did not offer it, one removes it from their hand.
HALAKHAH: “If he gave the money to Yehoiarib,” etc. Rebbi Ḥizqiah said, they disagree125There is no disagreement in the Mishnah. The entire Halakhah is based on the baraita quoted in the following; paralleled in Tosephta 10:18 (Babli 111a), except that in the text here the disagreement is missing. about two weeks, Rebbi Yose said about one week. He who said about two weeks, “if he gave the money to Yehoiarib on Yedaiah’s watch and the reparation offering to Yedaiah on Yehoiarib’s watch, he has fulfilled his obligation.126What is missing here is the statement of the diagreement: “If the offering was given to Yehoiarib and the money to Yedaiah, R. Jehudah requires the money to be transferred to the offerers of the sacrifice, the Sages that the sacrifice be transferred to the recipients of the money.”
Both watches acted incorrectly by not checking whether the money had been delivered before the sacrifice. If each watch received their part during their week then clearly the situation is that of the Mishnah where a new offering is needed if the first one is not available to the second watch. But if the second watch received the money at the same time the first received the sacrifice, then R. Jehudah and the Sages disagree about who has to give up his part. Rebbi said, following Rebbi Jehudah’s words if the men from Yehoiarib offered the reparation offering there was no atonement; but the money should be transferred from the men of Yedaiah to the men of Yehoiarib; the men from Yehoiarib then shall offer the reparation offering for atonement.” This implies that one removes the money given to men of a watch not during their week. He who said that they disagree about one week, if he gave the money to Yehoiarib on Yedaiah’s watch and the reparation offering to Yedaiah on Yehoiarib’s watch127The sacrifice one week before the delivery of the money., means that he did not fulfill his obligation, etc. This implies that one does not remove a sacrifice which men of a watch received during their week. But if the watch of the men of Yehoiarib dragged their feet, then the baraita implies that they dragged their feet after the men of Yehoiarib received the reparation offering after days128The watch cannot keep the animal for 24 weeks until their turn comes again., and there is no atonement. But one has to transfer the money from the men of Yedaiah to the men of Yehoiarib, the men of Yedaiah129In E: “Yehoiarib”. This clearly is a corruption. But the text common to both mss. is also incorrect. Since the hypothesis was that the money had been given to Yehoiarib, it is clear that one has to read: “One has to transfer the money from the men of Yehoiarib to the men of Yedaiah.” shall offer the reparation offering, and there will be atonement. This implies that if men of a watch received a sacrifice during their week but were lazy and did not offer it, one removes it from their hand.