Yerushalmi Berakhot 3:5 ירושלמי ברכות ג׳:ה׳

MISHNAH: If someone was standing and praying²⁰¹The formal Amidah. when he remembered that he had qeri, he should not stop but shorten his prayer. If he descended to immerse himself, if he can ascend, get dressed, and recite²⁰²The Shema‘. The leniency mentioned here is not only if otherwise the time for Shema‘ would pass but even for the usage of the very religious (Chapter 1, Note 155) even though it is totally impossible to pray the Amidah while immersed in the water and, therefore, one cannot completely follow the practice of the very religious. by the time of sunrise he should ascend, get dressed, and recite; otherwise, he should cover himself with water and recite. He should cover himself neither with stinking water nor with steeping water unless he diluted them with water. How much does one have to remove oneself from these and excrement? Four cubits.

HALAKHAH: The Mishnah refers to someone in public, but if he is alone he interrupts following Rebbi Meïr²⁰³Since Mishnah 4 stated that he may not pronounce any benediction and the Amidah is composed of benedictions, it is clear that Mishnah 4 forbids formal praying. Both Mishnah 4 and Mishnah 5 are anonymous; an anonymous Mishnah is always supposed to represent the ideas of Rebbi Meïr since the latter’s collection was the basis of Rebbi’s edition of the Mishnah. To avoid two contradicting Mishnayot, it is spelled out here that the public embarrassment that would be caused by the rule of Mishnah 4 has to be avoided, see Halakhah 1, note 119. The opinion of R. Yehudah is given in Mishnah 4.. But following Rebbi Yehudah he does not interrupt even when alone, on condition that he have no water to immerse himself. But if he has water to immerse himself even Rebbi Yehudah agrees that he must interrupt.

About a sick person who had intercourse, Rebbi Ammi said: If he caused it by himself, let him immerse himself and die²⁰⁴Obviously, that is an exaggeration since it was shown earlier that even an adulterer should not expose himself to danger because of this immersion; it means simply: let him be inconvenienced.; if it was forced upon him one does not bother him²⁰⁵It is difficult to know what “forced intercourse” means. Any possible interpretation depends on the problem discussed in the preceding Halakhah, whether qeri comes only from intercourse or also from involuntary emissions. If the second case is accepted, “forced” does not speak of intercourse but only of involuntary emissions. In the second case, one cannot say that one speaks of a sick man fulfilling his marital duties even if it hurts him since in that case he is free from these duties. Even if he was seduced by his wife, there is really no intercourse against one’s will. Hence, one has to conclude that all authorities here decide that involuntary emissions require immersion in water.. Rebbi Ḥaggai in the name of Rebbi Abba bar Zavda: One does not bother him in any case. A sick person²⁰⁶This second paragraph clearly is independent of the previous statements since it contradicts them. It represents the consensus of the editors of the Yerushalmi. In the parallel of the Babli (Berakhot 22b), Rava reports that any מרגיל needs 40 seah. Since the immersion was not practiced in Babylonia, this statement is purely historical or theoretical; the difference between Babylonia and Israel was in the essence of this immersion and not in little details. who does it habitually²⁰⁷In the Babli (22a), Rashi explains מרגיל by: “he draws qeri upon himself by having intercourse.” A strictly grammatical explanation would be: “he causes it to be usual”. However, such a translation would require three categories: 1) one who runs after sex, 2) a normal person, 3) a sick person. Since only two categories are mentioned where one would expect three, Rashi’s explanation is the only consistent one even if it does not explain the particular verb form. needs nine qab, a healthy person who does it habitually needs 40 sĕah. A sick person forced, one does not bother him. A healthy person forced needs nine qab.

Rebbi Zevadiah, the son of Rebbi Jacob bar Zavdi, in the name of Rebbi Jonah: In a city whose well is far away, he may recite the Shema‘, then descends and immerses himself, ascends and prays. If he is blind²⁰⁸This translation is not given by any commentator. Usually, מסוים means “definite, outstanding”, from the verbal root swm, but this makes no sense here. In other Talmudic passages “an outstanding man” means a particularly pious one and it is unimaginable that a pious man should claim for himself exemption from some religious duty. Hence, the derivation from the root sm’ “to blind”, in the passive “to be blinded”, makes much more sense. they made him like a far-away well.

New Section. “Otherwise, he should cover himself with water and recite.”²⁰⁹Quote from the Mishnah. The Mishnah deals with opaque water, but in clear water it is forbidden²¹⁰Since prayer is forbidden if the genitals are uncovered. (A different tradition is given in Babli Berakhot 25b).. And if he is able to make it opaque by stirring with his feet he may make it opaque.

It is stated: One removes himself²¹¹In order to pray or to recite Shema‘. from human excrement four cubits and from dog’s excrement four cubits, the latter when it is given on skins²¹²Antique technology of making leather from skins required that the skins were steeped in water containing dog’s excrement for a lengthy period of time. The steeping water had a horrible smell. This baraita explains that “steeping water” in the Mishnah refers to tanner’s steeping water and not to launderer’s steeping water that simply does not smell good.
This statement is from Tosephta Berakhot 2:16; the Babli (25a) has a different baraita that refers to the paragraph after the next one here.. Rebbi Jeremiah in the name of Rebbi Zeïra: One must remove hinself four cubits from a stinking carcass. Rebbi Avina said: Does not the Mishnah say all this : “How much does one have to remove himself from these and excrement? Four cubits.” Rebbi Ammi in the name of Rebbi Shammai²¹³The tradition of names is impossible since Rebbi Shammai was an Amora of the fifth and last generation in Galilee; he cannot be the author of a tradition of a third generation Amora. The paragraph is quoted by R. Asher ben Yeḥiël (Rosh Berakhot, Chap. 3, #44) in the name of Rebbi Simlaï (without mention of Rebbi Ammi), a preacher and Amora of the first generation.: Explain it by steeping water of launderers. Rebbi Mani²¹⁴Rebbi Mani, Mana, the first. Launderers’ steeping water does not smell so badly that it would need a special entry in the Mishnah. He is a contemporary of Rebbi Simlaï, not Rebbi Ammi. said to him: About steeping waters of launderers, we have stated: “neither with stinking water nor with steeping water.”

It is stated: One removes himself four cubits from excrement and urine of a toddler who can eat grain the volume of an olive²¹⁵In one meal, which in the Babli (Sukkah 42b) is defined as the time a grown-up can eat half a stuffed pitta. The Yerushalmi does not give a time limit., but if he cannot yet eat grain the volume of an olive one does not need to remove himself four cubits either from his excrement or from his urine. They asked before Rebbi Abbahu: Why does one separate himself from his excrement and urine? He said to them, because his thoughts are evil. They said to him: But is not he too young? He said to them, is it not written (Gen. 8:21): “For the inclination of man’s heart is evil from his youth?” Rebbi Yudan said, it is written “from his awakening²¹⁶The word נעוּריו, even though it has a long vowel ū, is written defective in the Bible; hence, it can be vocalized נִעֲרָיו “his awakenings”, not only puberty, the sexual awakening usually referred to by the root נער but also the first awakening of the baby during birth. According to Rebbi Abbahu, the awakening comes only when the baby is weaned.”, from the moment that the awakes and enters the world.

Rebbi Yose bar Ḥanina said: One removes himself four cubits from animal dung. Rebbi Samuel bar Rav Isaac said, if it is soft, but only from donkeys. Rebbi Ḥiyya bar Abba said, if it²¹⁷The donkey. The statements of Rebbis Samuel bar Rav Isaac and Ḥiyya bar Abba restrict the general statement of Rebbi Yose bar Ḥanina to one specific case. arrived from a trip. Levi said, one removes himself four cubits from the excrement of a pig. And it was stated: One removes himself four cubits from the excrement of a pig²¹⁸In the Babli (25a), the excrement of a pig is deemed unacceptable only if it is used in tanning. It seems that in Israel no pig excrement was used in tanning., four cubits from the excrement of a marten²¹⁹This statement is taken by Medieval commentators to apply also to excrement of cats., four cubits from the excrement of chickens. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: Only from red²²⁰Some commentators prefer to understand “Edomite”, but the meaning “red” is preferable since red chickens are mentioned in Babli Avodah zarah 14b as a separate kind. All these are singled out for their obnoxious smell. ones.

It is stated: One removes himself four cubits from a bad smell²²¹It is clear from the following that one talks of a source of bad smell which can be identified and seen. In the Babli (25a) this is called ריח רע שיש לו עיקר “a bad smell that has a material source.” The opinion of the Yerushalmi corresponds in the Babli to the minority opinion of Rav Ḥisda.. Rebbi Ammi said, four cubits from the end of the bad smell. That means behind his back, but in front of him until he can no longer see it. Like that of Rebbi Lia and his colleagues who were sitting in front of a hostelry²²²Greek πανδοκεῖον (also πανδοκίον) “inn”. It is difficult to see what is so bad about a hostelry. Maybe they were sitting close to the outhouse. in the night. They said, may one say words of Torah? He said to them: If it were daytime, we would see what is before us. But²²³The text is elliptic, but we do not know what is missing. Generally, ברם means either “on the other hand” or “in addition”. like that it is forbidden.

It is stated: One must remove himself four cubits from a chamberpot, be it used for excrement or for urine²²⁴Since in the preceding paragraph one dealt with visible excrement, it follows that in this entire paragraph we are dealing with a chamberpot used at night which is empty at present but still smells from its prior use. The Tosephta (Berakhot 2:16) is quite explicit: “A chamberpot with him in the house, he has to remove himself four cubits.” The Babli (25a) deals separately with full and empty chamberpots.. If it is before the bed, if he put some water in the pot he may recite²²⁵The Shema‘., otherwise he may not recite. Rebbi Zakkai²²⁶Rebbi Zakkai the First, Tanna of the fifth generation, contemporary of Rebbi. said, if he put a quartarius²²⁷A quarter of a log of .533 liter or about 4.5 fl. oz. U.S. of water in, he may recite; otherwise, he may not recite. How many corresponding quartarii? One quartarius, corresponding to one quartarius²²⁸As much water as was the volume of urine or excrement in the last use., be the vessel small or large. Rabban Simeon ben Gamliel said, if it stands behind the bed he may recite, before the bed he may not recite. Rebbi Simeon ben Eleazar said, even in a dining hall²²⁹Latin triclinium, from Greek τρικλίνιον “dining room”, a hall of three dining couches arranged in U-shape. large ten-by-ten²³⁰Probably 10 by 10 cubits, which gives a diagonal distance of 14 cubits, taken as an example. The Babli (25a) speaks of a “dining hall of 100 cubits” where “cubits” stands for “square cubits”. [The use of “cubit” for “square cubit” is frequent in Yerushalmi Kilaim.] he may not recite until he covers it up or until he puts it under the couch. Rebbi Jacob bar Aḥa in the name of Rebbi Ḥiyya bar Abba: Rebbi Ḥanina Tortayya²³¹A student of Rebbi Yoḥanan; his birthplace, Torta, has not been identified. His decision is also quoted in the Babli as decision of the earlier generations, later overruled by Rava (bar Joseph bar Ḥama), the leader of the fifth generation of Amoraïm in Babylonia. ruled following Rebbi Simeon ben Eleazar.

Rebbi Benjamin ben Yephet²³²A student of Rebbi Yoḥanan. Rebbi Zeïra is on record (Babli Berakhot 38b, Yerushalmi Pesaḥim 2:5) that R. Benjamin is not trustworthy as witness to the opinions of Rebbi Yoḥanan. His statement is quoted in the Babli (25b) as original Babylonian tradition. in the name of Rebbi Yoḥanan: A minute amount of excrement can be eliminated by spit. Rebbi Zeïra and Rebbi Jacob bar Zavdi were sitting; they saw some excrement. Rebbi Jacob bar Zavdi got up and spat on it. Rebbi Zeïra said to him: From the sea to the pan²³³Greek τήγανον. Rashi (Babli Qiddushin 44a) and ‘Arukh (1 טגן) explain this expression to mean: “immediately”, like a fish that has to be fried immediately before it spoils. Most commentators explain that R. Zeïra declares the entire rule invalid since spit dries quickly and afterwards is useless. The Babli avoids the problem by allowing only thick spit, probably from the bronchiae, which does not evaporate. One may consider the treatment of the Babli as answer to R. Zeïra’s criticism.!

²³⁴After discussing what may or may not be put under one’s bed, one continues with the case of holy scrolls in one’s room, first under the bed and then in the room. A chest full of scrolls one may put under the head of the bed but one may not put it under the foot end of the bed. Rebbi Abun in the name of Rebbi Ḥuna: But only if the bed is 10 hand-breadths²³⁵A ṭefaḥ (hand-breadth) is one-sixth of a cubit. The basic information one has about length is that the distance one may travel from a town on Sabbath is one mil or 2000 cubits. If the mil is taken to be the traditional 1111m = 3648 feet then a cubit is 1.824 ft and a ṭefaḥ is 3.65 inches. (If the mil is taken to be an unlikely Roman mile of 1473.2m = 4833.33 ft, then a cubit is 2.417 ft and a ṭefaḥ is 4.836 inches.)
Another approach is based on Mishnah Kelim 17:11 which reports an opinion that fluid measures are Roman. The Babli (Pesaḥim 109 a/b) defines 40 seah as three cubic cubits. By the data quoted in note 164, the cubit would be 55.47 cm and the ṭefaḥ 9.25 cm or 3.64 in.
Anything more than 10 ṭefaḥ above the ground is considered to be in another domain. This reason also applies to the next paragraph. high, and only if the ropes of the bed do not touch the chest. Rebbi Yasa taught the ruling of Rebbi Ḥuna in the town of Rebbi Samuel bar Rav Isaac.

A person should not have sexual intercourse when there is a Torah scroll with him in the room. Rebbi Jeremiah in the name of Rebbi Abbahu: it is permitted if it was wrapped in a wrapper or if it was in a window opening that is ten hand-breadths above the ground. Rebbi Joshua ben Levi made a small curtain²³⁶Diminutive of כילה “curtain”. (The parallel statement in the Babli, Berakhot 25b, states the dangers of sexual intercourse in the presence of a Torah scroll; its connection with the preceding discussion of praying in presence of a chamberpot can be understood only as a commentary on the Yerushalmi.) for it.

A person should not sit on a low bench²³⁷Latin subsellium “bench”. on which a Torah scroll was placed. It happened that Rebbi Eliezer sat down on a low bench on which a Torah scroll was placed and he recoiled from it as one recoils before a snake²³⁸Cf. Massekhet Soferim 3:13, and Massekhet Sefer Torah 3:10 (where it says “he got up as if bitten by a snake”); also quoted in Babli Menaḥot 32b. The reason given is the verse (Lev. 26:6): “You shall fear My holy things.” This is then qualified that one may not sit on a bench on which there is a Torah scroll, but if the scroll is on a separate table or chair, there is no minimum distance to be kept.. If it was placed on something other, it is permitted. How far? Rebbi Abba in the name of Rebbi Ḥuna: One handbreadth. Rebbi Jeremiah in the name of Rebbi Zeïra: Anything.

A double sack²³⁹Greek δισάκκιον, “saddle bag”, a sack made to be carried by a donkey (or horse) hanging down on both sides of the animal. The rule is inserted here in the sequence of rules dealing with the respect due to holy things. The respect shown here is that the sack may not be put on the animal but must be carried on the person even if the latter is riding. full of scrolls or if there were in it bones of a dead person²⁴⁰For reburial in an ossuary in a cave., one carries it on his back and rides.

Tefillin one may hang on the headboard of the bed but one may not hang them at the foot end of the bed²⁴¹For the same reason as before, to show respect.. Rebbi Samuel²⁴²Since he was a student of R. Abbahu and sometimes student of R. Zeïra, the chain of transmission here are four uninterrupted generations. It seems that only R. Samuel made a formal statement out of an informal tradition; however, in the Babli (24a) the statement is in the name of R. Ḥanina himself., Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Ḥanina: Rebbi did hang his tefillin on the headboard of his bed. Rebbi Ḥizqiah in the name of Rebbi Abbahu: But only that he should not do in the way of makers of palm leaf baskets but tefillin on top and the straps on the bottom²⁴³In the interpretation of J. Levy, basket makers put their wares on a rope from which they are hanging down. Tefillin should never hang down. [While דיקולא are palm-leaf baskets, the Latin ending -arius is suspect. It might be better to derive the word from Latin collare, collarium “neck chain, collar”, with the prefix די meaning either “double” or being the Aramaic relative pronoun (E. G.). Tefillin should not hang as a pendant from its chain.]
In the Babli (24a), this is a rejected opinion. One requires there that the tefillin be put in a pouch, the pouch then may be hung at the head of the bed..

Rebbi Ḥalaphta ben Shaul²⁴⁴An Amora of the first generation, of the collectors of baraitot. In the Babli, he mostly appears as Rebbi Taḥlipha ben Shaul. The section here is a continuation of the discussion of respect due to either places of holiness (the synagogue) or acts of holiness (prayer). stated: It is a bad sign if one lets wind during one’s prayer. That means on one’s bottom, but not on one’s top. This parallels what Rebbi Ḥanina said: I saw Rebbi yawning, belching, putting his hand on his mouth, but not spitting²⁴⁵In the Babli (24a/b), R. Ḥanina reports that he saw Rebbi spitting; this is permitted in the Babli only for people who were disgusted if they had to spit into their garments.. Rebbi Yoḥanan said, one may even spit so that one’s cup²⁴⁶I. e., one’s mouth. should be clean; forward is forbidden, behind oneself is permitted²⁴⁷In the Babli (24b) this is reported as an act of Rav Ashi, the first editor of the Babylonian Talmud. Its theoretical justification must be sought here in the Yerushalmi.. To one’s right is forbidden, to one’s left is permitted; that is what is written (Ps. 91: 7): “On your left hand side will fall a thousand.²⁴⁸As usual, the real argument is from the later part of the verse which is not quoted: “On your left hand side will fall a thousand, but ten thousand on your right hand side.” Hence, the right hand side is ten times as important as the left hand side.” Everybody agrees about one who spits toward the stele²⁴⁹Greek στήλη. The stele in the synagogue was the pulpit on which the Torah scroll was laid for reading and was a place of particular holiness [Cf. Y. Brand, Iẓṭeli n, Lĕšōnēnū 32 (5728), 276–277]. This passage appears in many corrupt versions in early medieval rabbinic authors (e. g., R. Abraham bar David and the student of Rabbenu Jonah) and has given rise to many phantastic conjectures., that he is forbidden to do so. Rebbi Joshua ben Levi says, he who spits in the synagogue is like one who spits into his own eye²⁵⁰A parallel in the Babli (24b) states “he is as if he spat out before the king.”. Rebbi Jonah spat and rubbed out. Rebbi Jeremiah, Rebbi Samuel bar Ḥalaphta in the name of Rav Ada bar Aḥava: He who prayed should not spit until he walked four cubits. Rebbi Yose bar Rebbi Abun said, similarly he who spat should not pray until he walked four cubits.

Similarly, he who urinates should not pray until he walks four cubits²⁵¹In the Tosephta (Berakhot 2:19), the language is more restrictive: “A person should not urinate at the place where he prays unless he removes himself four cubits. Once he urinated he should not pray unless he removed himself four cubits. If it is dry or absorbed (in the earth) it is permitted.” This text is the basis of the discussion of the Babli (Megillah 27b) but not of the Yerushalmi.. Rebbi Jacob bar Aḥa said: not only that he walks four cubits but even if he waits corresponding to a walk of four cubits. Rebbi Ammi said, if you say that he is forbidden until he removes himself four cubits, I say that maybe somebody else came and urinated there²⁵²And there is no place in the world where he could pray. The Babli (Berakhot 25a) explicitly rules out this argument and states that one is forbidden only at a place where certainly somebody urinated and the moisture is still recognizable..

Rebbi Abba in the name of Rav: Excrement until it is hardened like bone, urine all the time it makes moist²⁵⁴This refers to the earlier statement that one has to remove himself from excrement until he no longer sees it, and from urine four cubits. The question is how long excrement legally is in its state.
In the Babli (25a), the statement of Samuel/R. Yoḥanan is attributed to Rav by Rav Yehudah and Rebbi Abba’s statement about urine to Samuel/Rebbi Yoḥanan. There is no difference between the Talmudim in praxi for urine but the conclusion, that excrement is forbidden even if it is hard like bone, while supported there in the name of R. Yoḥanan, is finally rejected as a matter of common practice.. Ganiva²⁵⁵A colleague of Rav in Babylonia. He was an extreme political opponent of the then Resh Galuta and was executed by the Persian king as a trouble maker (without the intervention of the Resh Galuta.) His statement refers to urine and is quoted as such in the Babli (25a). said: All the time that its impression is visible. Samuel said: Until its²⁵⁶Refers to excrement only. surface is hardened. Simeon bar Abba in the name of Rebbi Yoḥanan: Until its surface is hardened. Rebbi Jeremiah, Rebbi Zeïra in the name of Rav: Excrement is forbidden even if it is hard like bone. Samuel said: Until its surface is hardened. Simeon bar Abba in the name of Rebbi Yoḥanan: Until its surface is hardened²⁵⁷The seeming repetition shows that Rebbi Zeïra formulated the entire statement concerning the opinions of Rav, Samuel, and R. Yoḥanan. In the first half, the statements of Rebbi Abba, Samuel, and Rebbi Yoḥanan are three independent statements.. Ḥizqiah said: Rebbi Abba is more restrictive for urine than for excrement? Rebbi Mana said to him: From that of Ganiva²⁵⁸“As long as it is recognizable” applies both to excrement and to urine. Since excrement is recognizable even if it is hard as bone (Rome ms.: “hard as wood”), it remains forbidden.; he said to him: Even if it is hard like bone it is forbidden because its matter exists; urine’s matter no longer exists²⁵⁹As recognizable entity.