Yerushalmi Berakhot 9:3 ירושלמי ברכות ט׳:ג׳

MISHNAH: ⁹³In the Mishnah, this is Mishnah 4. However, in the Halakhah, the discussion belongs to Halakhah 3; Halakhot 4,5,6,7 belong to Mishnayot 5,6,7,8, respectively. The numbering of Mishnayot has been changed to correspond to that of the Halakhot. If one built a new house or bought new garments, he says: Praise to Him Who let us reach this time. One recites the benediction for bad news containing good and for good ones containing bad⁹⁴This sentence is not commented on in the Halakhah; hence, the translation follows the interpretation of the Babli: If his crop was ruined by a flood that deposited a layer of new earth on his field, it is bad news now and requires the benediction for bad news, even though he will gain an advantage when it is time to plant next year’s crop..
But if one cries about the past, that is a vain prayer. How is that? If his wife was pregnant and he said: May it be (God’s) pleasure that my wife would give birth to a male, that is a vain prayer. If he came from a trip, heard wailing in town, and said: May it be (God’s) pleasure that this should not be in my house, that is a vain prayer.

HALAKHAH: “If one built a new house or bought new garments, etc.¹⁸⁰Here starts the discussion of the last part (in the Mishnah collection, Mishnah 4).” Rebbi Ḥiyya bar Abba said: Not only new ones, but even used ones if they are new for him¹⁸¹If he cannot afford to buy new ones, second hand clothes have the same status for him as new ones for a richer person. [In the Babli, 59b–60a, the Babylonian opinion is that (for rich Babylonians) one only makes a benediction for genuinely new articles, not for a new set of what he already has, whereas the opinion of the less wealthy Galileans is that any new garment deserves a benediction.]. Rebbi Jacob bar Zavdi said in the name of Rebbi Ḥiyya bar Abba: If he bought [a garment], he says: “Praise to Him Who made us live, preserved us, and let us reach this time.” If it was given to him, he says: “Praise to Him Who is good and does good.” Rebbi Abba, father of Rebbi Abba Mari, in the name of Rebbi Aḥa: If he bought, he says: “Praise to Him Who let us reach this time.” If it was given to him, he says: “Praise to Him Who is good and does good.” If he wears the garment, he says: “Praise to Him Who clothes the naked.”

He¹⁸³There is a similar statement in Tosephta Berakhot 6:9 which is quoted in Babli Sukkah 46a; the note about the benediction when making a sukkah or lulav for somebody else is found only here. Hence, the source here is not the Tosephta which also starts with a general declaration that: “A person performing any miẓwah recites a benediction over it.” The practice of the Babli does not follow the discussion in Sukkah 46a but a statement in Menaḥot 42b that no benediction is due for a preparatory action, such as making the sukkah or the lulav, but only for the required act itself such as living in the sukkah or taking the lulav. who makes a sukkah for himself, says: “He Who sanctified us by His commandments and commanded us to make a sukkah.” For others: “to make a sukkah in that one’s name¹⁸⁴The usual interpretation is that one makes the benediction: “To make a sukkah” and that the person has in mind the name of the person for whom he is doing it. It seems rather that one has to pronounce the recipient’s name at the place reserved for לשמו..” If he enters it, he says: “Praise to Him Who sanctified us by His commandments and commanded us to dwell in a sukkah.” After he recited the benediction in the first night of the holiday he does not have to recite it again¹⁸⁵In the Babli (loc. cit.), this is the opinion of the Babylonian Samuel, supported by the Tosephta. In the name of the Galilean R. Yoḥanan, it is reported that one has to recite the benediction every day. Since R. Yohanan is a higher authority than Samuel, Babylonian practice followed what there is declared to be Galilean.. He who makes a lulav for himself, says: “He Who sanctified us by His commandments and commanded us to make a lulav.” For others: “to make a lulav in that one’s name.” If he uses it, he says: “Praise to Him Who sanctified us by His commandments and commanded us to take a lulav,” and “He Who let us live.” He recites the benediction every time that he takes it¹⁸⁶The difference between sukkah and lulav has been explained in Halakhah 3:3..

He who makes a mezuzah for himself, says “to make a mezuzah.” For somebody else, “to make a mezuzah for his name.” When he nails it to the doorpost, he recites: “Praise to Him Who sanctified us by His commandments and commanded us to about mezuzah.” He who makes tefillin for himself¹⁸⁷“Praise to You, o Eternal, our God, King of the Universe, Who has sanctified us by His commandments and commanded us to make tefillin.”, etc. For somebody else, etc. When he puts them on, he says “about the commandment of tefillin.¹⁸⁸The tannaïtic text of the Yerushalmi here clearly requires only one benediction when both tefillin are put on, in contrast to the amoraïc text of Halakhah 2:3, that requires two benedictions, one for tefillin on the arm and one for the head. Similarly, the discussion below on the timing of benedictions is based on having only one benediction. The Tosephta (6:10), representing the Babylonian text as always, does not have the notes on working for somebody else and requires here the formula “to put on tefillin,” which is the main benediction in the Babli (Menaḥot 42b), followed in Sephardic practice.” He who makes ẓiẓit for himself, etc. For somebody else etc. When he wraps himself in them, etc.¹⁸⁹He says, “Who sanctified us by His commandments and commanded us about the commandment of ẓiẓit.” The Babylonian formula is “to wrap ourselves in ẓiẓit.”. He who separates terumah and tithes says: “Praise to Him Who sanctified us by His commandments and commanded us to separate terumah and tithes.” For somebody else, “to separate terumah and tithes for his name.” He who slaughters must say: “Praise to You, Eternal, our God, King of the Universe, Who sanctified us by His commandments and commanded us about šeḥitah¹⁹⁰It seems that the Yerushalmi chooses the wording “about”, על, if the action must be done by the person who pronounces the benediction, but “to”, ל, if the action is done in delegation..” He who covers [the blood¹⁹¹Of slaughtered fowl and wild animals, Lev. 17:13.] says, “about covering the blood.”

He¹⁹²A similar text is in Tosephta 6:12 and in Babli Sabbath 127b. The text of the Tosephta is closer to the Babli than to the Yerushalmi. who circumcizes must say: “Praised Who sanctified us by His commandments and commanded us about circumcision.” The child’s father says: “Praised Who sanctified us by His commandments and commanded us to induce him into the covenant of our forefather Abraham.” Those who are standing there must say: “Just as you made him enter the covenant, so make him enter Torah and the marriage canopy¹⁹³Tosephta and Babli add: “and good deeds.” The Rome manuscript has only “the marriage canopy.”.” He who recites the benediction must say: “Praised Who sanctified the beloved¹⁹⁴The commentators of the Babli have identified the “beloved” as either Abraham, Isaac, or Jacob. The text of the Babli is slightly longer than that of Yerushalmi and Tosephta. from the womb, Who put a statute in his flesh, and sealed his descendants with a holy sign of covenant; therefore, as a reward for this, o living God, our part, our rock, command to save the beloved of our flesh from destruction. Praised are You, o Eternal, Who seals the covenant.”

When does one recite the benediction for commandments? Rebbi Yoḥanan said, just before he starts doing them¹⁹⁵The Babylonian tradition (Pesaḥim 7b) is: “Everybody agrees that one makes the benediction beforehand, as Rav Yehudah said in the name of Samuel: On all commandments one recites the benediction just before he starts doing them.” This tradition must be later when the authority of R. Yoḥanan overrode earlier Babylonian practices.. Rav Huna said, when he does it. Rav Huna agrees with Samuel, since Rebbi Yose bar Abun said in the name of Samuel: All commandments need a benediction while one is doing them except blowing¹⁹⁶The shofer on Rosh Hashanah, sine obviously one cannot blow and recite the benediction at the same time. and immersion¹⁹⁷In the miqweh, when one is naked and forbidden to recite a benediction. The Yerushalmi requires a benediction before immersion. In the Babli (Pesaḥim 7b), the statement about blowing and immersion is an addition to the statement that all benedictions must precede the action. It is clear that the mention of blowing in that context makes no sense; that statement is then dropped and only immersion is left for a benediction after the act. The Yerushalmi shows that in the Babli we have a later confluence of older (Rav Huna) Babylonian tradition with the adoption of Galilean (R. Yoḥanan) practice by the editors of the Talmud., and, some say, qiddušin by sexual relations¹⁹⁸Qiddušin is the first stage of a marriage in which the bride becomes bound to the husband, in preparation for ḥuppah, which lets the couple live together. Usually, qiddušin is effected by the groom giving a valuable gift (usually a gold ring) to the bride. But the Mishnah (Qiddušin 1:1) lists sexual relations (in front of two witnesses) as a possible form of qiddušin. One may assume that in Israel this option was never used. In Babylonia it seems to have been used since the Babli (Qiddušin 12b) reports that Rav had people whipped (for indecent exposure) who married by public sex act. In any case, the required benediction cannot be pronounced while the parties are naked.. Rebbi Jonah said, you have others: Tefillin on the hand before he takes them off, and on the head before he puts¹⁹⁹The spelling ייבה is dialectal for יהבה, root yhb “to give.” them on²⁰⁰As noted before, the text presumes that only one benediction is required for the two tefillin and, as explained earlier (2:3), in Galilee a benediction was recited when tefillin were taken off. Since the Torah mentions ṭoṭaphot (tefillin) on the hand always before those on the head, one must put on first those for the arm and take off first those for the head. Even Rav Huna agrees that the benediction for removal was recited before tefillin were removed from the arm and the one for putting them on was recited before those of the head were put on.. Before he puts them on? When he puts on²⁰¹Since tefillin on the arm and on the head are always mentioned together in one verse, the putting on (or taking off) of both is one act and the recitation of the benediction covers both tefillin., he puts them on!

When does one recite the benediction for šeḥiṭah²⁰²Since ritual slaughter is a commandment, its execution requires a benediction.? Rebbi Yoḥanan says, if he prepares to slaughter. Yose ben Nehorai²⁰³A Palestinian authority of the first generation of Amoraïm, one of the teachers of R. Joḥanan. says, after he slaughtered. Why? Maybe its slaughtering is producing a carcass²⁰⁴If during the act of slaughter, one of the technical rules was violated (for example, if pressure was exerted on the knife), the animal was not slaughtered but killed in a way that makes its meat unfit for consumption; then the benediction would have been in vain.. Now, should he not first check the signs²⁰⁵In the Babli, only esophagus and windpipe are called “signs”; the tiniest of holes in the esophagus makes an animal terepha, “torn” and unfit for consumption. The Yerushalmi seems to extend the meaning of “signs” to all internal organs, especially lungs and the digestive system, holes of which render an animal unfit for consumption. The question here is: why not wait with the benediction until the entire animal has been dissected and checked for possible terepha?? The ḥazaqah of intestines is that they are in order²⁰⁶Since we do not have a Yerushalmi on tractate Ḥulin, the interpretation here by necessity has to follow the Babylonian tradition. The position of the latter has been formulated by Rav Huna: A living animal is in the continuing state (ḥazaqah) of being forbidden until it has been ascertained that it was correctly slaughtered; once it has been correctly slaughtered, it is in the continuing state (ḥazaqah) of being permitted food until it has been ascertained whether and why it is terepha. If the slaughter was ascertained to be correct and inner parts were then taken by an animal before they were checked, the meat remains permitted food.. It was stated: If it was slaughtered and the wolves took its innards, it is in order²⁰⁷As kosher food.. Should one question whether they were pierced²⁰⁸If the intestines were later retrieved in a torn state, could it not be that the intestines of the living animal had a hole there where the wolves bit, and this terepha cannot now be ascertained?? Rebbi Abba in the name of the rabbis from there²⁰⁹It is reported in Babli Ḥulin 9a that Rebbi Abba asked precisely this question from Rav Huna.: Intestines have ḥazaqah that they are in order²¹⁰The entire discussion seems to suggest that the Yerushalmi follows Yose ben Nehorai. The problem is not mentioned in the Babli, but it is assumed there and in the halakhic literature that one follows Rebbi Yoḥanan (except in the case of an emergency slaughter when the opinion of Yose ben Nehorai is considered.).

In the house of Yannai they said, if she is sitting on the birthing stool. Hence, before that he should pray, because of (Jer. 18:6) “Lo, like clay in the potter’s hand²¹²“… Are you in My hand, House of Israel.” This seems to imply, in the opinion of the Yerushalmi, that for Gentiles the laws of nature will not be changed and the sex of the child is determined at conception, or, in the opinion of the Babli (60a), in extraordinary cases at least during the first 40 days of pregnancy when the fetus is not yet a living being. The Babli declares that in all cases, the laws of nature prevail and that the sex change of Dinah is no proof since “one does not bring a proof from miracles.” It would be presumptuous for anybody to assume that he is on the level of the Patriarchs for whom God used to perform wonders. …” Rebbi Yehudah ben Pazi²¹³The name is missing here in the Venice print and the Leyden manuscript. It is given in the Rome manuscript and the parallel Bereshit rabba 72(6). In the latter source, R. Jehudah ben Pazi is in opposition to the house of Rebbi Yannai and says that even if labor has started, as long as the baby is not born one may pray because of the verse from Jeremiah. in the name of the house of Yannai: The main pregnancy of Dinah was as a male. After the prayer of Rachel, she became a female. That is (Gen. 30:21): “Afterwards, she gave birth to a daughter and called her name Dinah.” After the prayer of Rachel, she became a female. And Rebbi Yehudah ben Pazi in the name of the house of Rebbi Yannai: Our mother Rachel was of the early prophetesses²¹⁴In both versions of the Tanḥuma (Buber Wayeẓe 19, Standard Wayeẓe 8), Leah was the prophetess who knew that Jacob would have 12 sons and if she had 7 sons then her sister would be left with only one son, less than any of the maids. She therefore prayed that her pregnancy should be that of a girl. All Midrashim derive the name of Dinah not from דין “law, lawsuit”, but from די “enough”, meaning “we already have enough boys.”. She said, another one will be from me. That is what is written (Gen. 30:24): “May the Eternal add me another son.” She did not say other sons, but another son will be from me.

If he returns from a trip, what does he say²¹⁵When he hears wailing in town and cannot pray that it should not be in his house.: I am sure that these are not in my house. Hillel the elder said (Ps. 112:7): “He will not be afraid of bad news.”