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3:4:1

משנה: שְׁלֹשָׁה דְבָרִים אָמַר רִבִּי אֶלְעָזָר בֶּן פַּרְטָא לִפְנֵי חֲכָמִים וְקִיְימוּ אֶת דְּבָרָיו עַל עִיר שֶׁהִקִּיפוּהָ כַּרְקוֹם וְעַל הַסְּפִינָה הַמִּיטָּרֶפֶת בַּיָּם וְעַל הַיּוֹצֵא לִידוֹן שֶׁהֵן בְּחֶזְקַת קַיָימִין. אֲבָל עִיר שֶׁכְּבָשָׁהּ כַּרְקוֹם וּסְפִינָה שֶׁאָבְדָה בַיָּם וְהַיּוֹצֵא לֵיהָרֵג נוֹתְנִין עֲלֵיהֶן חוּמְרֵי חַיִים וְחוּמְרֵי מֵתִים. בַּת יִשְׂרָאֵל לְכֹהֵן וּבַת כֹּהֵן לְיִשְׂרָאֵל לֹא תֹאכַל בַּתְּרוּמָה.

MISHNAH: Rebbi Eleazar ben Parṭa said three things before the Sages and they confirmed his words: [People in] a city which was surrounded by palisades93Besieged by a hostile army., on a ship in emergency at sea, or a person about to be judged94In a capital case., are presumed to be alive95The wife of a man in one of these situations has to assume that her husband is alive.. But on [people in] a city conquered from palisades, a ship lost at sea, or a person led to execution, one puts the restrictions of the living and the dead: neither an Israel’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to a Cohen97She has to assume that her husband is dead and she has lost the right to priestly food. nor a Cohen’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to an Israel98She has to assume that her husband is alive and she has not regained the right to priestly food. may eat heave.

MISHNAH: Rebbi Eleazar ben Parṭa said three things before the Sages and they confirmed his words: [People in] a city which was surrounded by palisades93Besieged by a hostile army., on a ship in emergency at sea, or a person about to be judged94In a capital case., are presumed to be alive95The wife of a man in one of these situations has to assume that her husband is alive.. But on [people in] a city conquered from palisades, a ship lost at sea, or a person led to execution, one puts the restrictions of the living and the dead: neither an Israel’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to a Cohen97She has to assume that her husband is dead and she has lost the right to priestly food. nor a Cohen’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to an Israel98She has to assume that her husband is alive and she has not regained the right to priestly food. may eat heave.

3:4:2

הלכה: שְׁלֹשָׁה דְבָרִים אָמַר רִבִּי לָעְזָר בֶּן עֲזַרְיָה לִפְנֵי חֲכָמִים בַּכֶּרֶם בְּיַבְנֶה. עַל עִיר שֶׁהִקִּיפוּהָ כַּרְקוֹם. אֵי זֵהוּ כַרָקוֹם. רִבִּי בָּא בְשֵׁם רַב חִיָיה בַּר אַשִּׁי. כְּגוֹן זוֹגִין וְשַׁלְשֶׁלָיוֹת וּכְלָבִים וַאֲוָוזִין וְתַרְנוּגַלִּים וְאִיסְטְרָטִיּוֹת הַמַּקִּיפִין אֶת הָעִיר. וְאָמַר רִבִּי בָּא בְשֵׁם רַב חִיָיה בַּר אַשִּׁי. מַעֲשֶׂה הָיָה וּבָרְחָה מִשָּׁם סוּמָא אַחַת. הָיְתָה שָׁם פִּירְצָה אַחַת מַצֶּלֶת אֶת הַכֹּל. הָיָה שָׁם מַחְבּוּיָיה צְרִיכָה. רִבִּי זְעִירָא רַבָּא בַּר זַבְדָּא רִבִּי יִצְחָק בַּר חֲקוּלַאי בְשֵׁם רִבִּי יוּדָן נְשִׂיָיא. וּבִלְבַד כַּרָקוֹם שֶׁלְּאוֹתָהּ מַלְכוּת. אֲבָל כַּרָקוֹם שֶׁלְּמַלְכוּת אֲחֶרֶת כְּלֵיסְטֵים הֵן.

HALAKHAH: “Rebbi Eleazar ben Azariah said three things before the Sages in the vineyard at Jabne: About [people in] a city which was surrounded by palisades.”99,This is not a quote from the Mishnah; it might be from a baraita which seems to have disappeared from Tosephta 2:12 (quoted in the next paragraph) which is missing an introduction.100This is from Ketubot 2:10 (noted כ), explained there in Notes 163-171. (Note the spelling ליסטים, the final ם representing ס, a sure sign of Babylonian spelling.)What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For example if bells, chains, and dogs, and geese, and chickens, and soldiers surround the town. And Rebbi Abba in the name of Rav Ḥiyya bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saved all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the Prince: Only if there were palisades of that government. But palisades from another government are like robbers.

HALAKHAH: “Rebbi Eleazar ben Azariah said three things before the Sages in the vineyard at Jabne: About [people in] a city which was surrounded by palisades.”99,This is not a quote from the Mishnah; it might be from a baraita which seems to have disappeared from Tosephta 2:12 (quoted in the next paragraph) which is missing an introduction.100This is from Ketubot 2:10 (noted כ), explained there in Notes 163-171. (Note the spelling ליסטים, the final ם representing ס, a sure sign of Babylonian spelling.)What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For example if bells, chains, and dogs, and geese, and chickens, and soldiers surround the town. And Rebbi Abba in the name of Rav Ḥiyya bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saved all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the Prince: Only if there were palisades of that government. But palisades from another government are like robbers.

3:4:3

וְעוֹד שְׁלֹשָׁה הוֹסִיפוּ עֲלֵיהֶן. אֶת שֶׁגְּרָרָתוֹ חַיָּה וְאֶת שֶׁשְּׁטָפוֹ נָהָר וְאֶת שֶׁנָּפְלָה עָלָיו מַפּוֹלֶת. נוֹתְנִין עָלֶיהָ חוּמְרֵי חַיִים וְחוּמְרֵי מֵתִים. בַּת יִשְׂרָאֵל לְכֹהֵן וּבַת כֹּהֶן לְיִשְׂרָאֵל לֹא תֹאכַל בַּתְּרוּמָה.

101Tosephta 2:12. They added three additional cases: One who was dragged away by a wild animal, one who was swept away by a river, and one buried by a collapse102Collapse of a house or a landslide.. One puts the restrictions of the living and the dead on her103The wife of a man who is the victim of one of these accidents.: neither an Israel’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to a Cohen97She has to assume that her husband is dead and she has lost the right to priestly food. nor a Cohen’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to an Israel98She has to assume that her husband is alive and she has not regained the right to priestly food. may eat heave.

101Tosephta 2:12. They added three additional cases: One who was dragged away by a wild animal, one who was swept away by a river, and one buried by a collapse102Collapse of a house or a landslide.. One puts the restrictions of the living and the dead on her103The wife of a man who is the victim of one of these accidents.: neither an Israel’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to a Cohen97She has to assume that her husband is dead and she has lost the right to priestly food. nor a Cohen’s daughter96If she is childless; otherwise she remains in her husband’s clan after the husband’s death. married to an Israel98She has to assume that her husband is alive and she has not regained the right to priestly food. may eat heave.

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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