Yerushalmi Gittin 5:9 ירושלמי גיטין ה׳:ט׳

MISHNAH: The following was said for communal peace: A Cohen reads first, after him a Levite, after him an Israel, for communal peace²¹⁵In any public reading from the Torah, a Cohen has to be given precedence (if there is one present), followed by a Levite. If there is no Levite present, the Cohen is called for a second reading since all Cohanim are Levites (Maʻaśer Šeni 5:5, Note 90).. One puts an eruv in an old house, for communal peace²¹⁶In a common courtyard serving many houses with different owners one cannot carry on the Sabbath unless one symbolically unites all houses by depositing some common food in one of them. This is called עֵרוּב חֲצֵרוֹת “the combination of courtyards”. If one house was the depository for some time, one cannot change the place of deposit without insulting the owner of that house; therefore, it is forbidden to change.. A cistern which is close to a water canal is filled first, for communal peace²¹⁷The order of filling cisterns (or irrigation of fields) is by the length of the side canal used by cistern or field, to avoid quarrels.. Finds of a deaf-mute, or an insane person, or a minor²¹⁸These cannot legally acquire anything they find since they have no legal standing. But it is forbidden to act on this fact. fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery²¹⁹The Halakhah will explain when taking finds from an incompetent person is a prosecutable offense.. Traps for wild animals, birds, or fish fall²²⁰If set in the public domain under rules which permit setting up such traps, the catch is private property and protected as such. under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. If one knocks off [olives] from high up in the olive tree²²¹Olives are harvested by shaking the olive tree and collecting under the tree. Those which did not fall off are left for the poor. The person who climbs into the tree to knock off the remaining olives is a poor person, not the owner of the orchard. What he knocks off and causes to fall under the tree is protected as his property. (The Mishnah in the Babli and in several Mishnah mss. is more explicit in speaking about the poor.), it falls under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. One does not hinder poor Gentiles [from taking] gleanings, forgotten sheaves, or peah²²²Since one supports the Gentile poor for communal peace., for communal peace.

HALAKHAH: “The following was said for communal peace,” etc. The saying of Rebbi Simeon ben Ioḥai implies that it is of the words of the Torah, for Rebbi Simeon ben Ioḥai stated: “Moses wrote this Torah and gave it to the Cohanim, the Levites (etc.)” and afterwards “to all the Elders of Israel.²²³Deut. 31:9. The implication is that in all matters of reading the Torah the Cohanim and Levites have precedence over Israel Elders. In the Babli, 58b, the author of the statement is given as the Amora R. Mattaniah.” The saying of Rebbi Joshua ben Levi implies that it is of their words, as Rebbi Joshua said, never did I recite the benediction before a Cohen and I did not allow an Israel to do it before him²²⁴If it were a Torah obligation to give precedence to Cohanim, there would be no reason to point it out as a sign of particular religiosity. In the Babli, Megillah 28a, the statement is attributed to the wonder-working R. Perida. In Yerushalmi Berakhot 5:5 (9d 1.3), the reference is that R. Joshua ben Levi never let any non-Cohen publicly recite Grace in the presence of a Cohen (Halakhah 5:5, Notes 163,164.). The saying of Rebbi Ḥanina implies that it is of their words, as Rebbi Ḥanina said, in a city of only Cohanim, an Israel reads first because of communal peace²²⁵If it were a Torah obligation, then even to avoid quarrels it would not be possible to call an Israel..

²²⁶A parallel is in Berakhot 5:5, explained in Notes 167–175. The readings of the Leiden ms. are noted by ב, of the Rome ms. by ר, Rebbi Aḥa and Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simai: In a city of only Cohanim, all of them lift their hands. For whom do they recite the blessing? For their brothers to the North and South. Who answers after them? Women and children²²⁷There may be a material difference between the two texts since קטנים refers to all underage children but טף only to those who still need their mothers. The Berakhot text might allow almost adult children to join their fathers in the priestly blessing.. Abbaie bar Benjamin stated: People who stand behind the Cohanim are not included in the blessing. For those in front of them, Rebbi Ḥiyya bar Abba said that even an iron wall does not interrupt. Those who stand to their side? Let us hear from the following: “If he intended to sprinkle before himself but sprinkled behind himself, behind himself but sprinkled before himself; his sprinkling is invalid. Before himself but sprinkled sideways, his sprinkling is valid.” This implies that those who stand to their side are included in the blessing. Rav Ḥisda said, it is necessary that the organizer be an Israel. Rav Ḥisda²²⁸The name attributions in Berakhot seem preferable since this style of repetition is not usual. said, if there was one Cohen, he says “Cohen.” For two, he says “Cohanim.” But Rav Huna said, even for one he says “Cohanim” since he only calls the tribe, lest you say, probably person X is an adulterer or a murderer,²²⁹This is an exaggeration since a homicide is barred from reciting the priestly blessing. It simply means that people might be offended if others think that they could dispense blessings to them. It has to be emphasized that the Cohen is just fulfilling a hereditary duty; his person is not giving the blessing. and he shall bless us? The Holy, praise to Him, said: Who blesses you? Am not I blessing you? As it was said²³⁰Lev. 6:27, the verse following the text of the priestly blessing.: “They shall put My name over the Children of Israel and I shall bless them.”

“One puts an eruv in an old house.” Rebbi Abin said, the Mishnah speaks of a prior dweller²³¹Not the house is offended if the eruv is removed from it but the owner of the house. Therefore, if there is a new owner in an old house, one may move the location of the eruv. The statement is copied in Eruvin 6, 23d 1.40..

“A cistern which is close to a water canal is filled first.” Only if it passes through it²³²In the Babli, 60b, this is one interpretation given by Samuel, that the owner of the cistern cannot be forced to install a lock.. Samuel said, even if it is close by. There²³³In Babylonia. This is not mentioned in the Babli, which prefers to have the situation handled without set rules. “Drink” may mean “being irrigated”., they say what is farther away but easy to drink from precedes one which is close by but difficult to drink from.

²³⁴The text is from Maʻaser Šeni 4:4, Notes 80–90. Variants are noted מ. Cf. Note 236. Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear²³⁵מחזר is a misspelling for מְחֻוָּר, a Babylonian spelling for Yerushalmi מְחוּבָּר “(logically) connected; clear”. It is not derived from the Aramaic root חור “pale”. Cf. H. Guggenheimer, Zur Aussprache des Bet in talmudischer Zeit, Bulletin des Vereins jüdischer Lehrer und Kantoren der Schweiz 21 (1977), 4–5. unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there²³⁶Since the Mishnah is from here, this shows that the original is in Maʻaser Šeni.: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there²³⁷Mishnah Ma‘aser Šeni 4:4.: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor²³⁸The talmudic expression תִּינּוֹקוֹת שֶׁל בֵּית רַבָּן “schoolchildren” shows that the word denotes older children. The root is ינק “to suckle”. with knowledge, there a minor without knowledge.

“Traps for wild animals, birds,” etc. That is²³⁹The difference of opinion between the Sages, who hold that taking from them is only rabbinically forbidden, and R. Yose, who holds that taking from traps is biblically a sin., about large ones²⁴⁰Where animals are trapped but not immobilized; they cannot be considered acquired by the owner of the trap, in contrast to small traps which immobilize the prey. In the Babli, 60a/61b, in the interpretation of Rashi and R. Hananel, it is stated similarly that animals or birds trapped in nets are acquired by the trapper but those caught in larger contraptions constructed of planks are subject to the controversy of the Mishnah.. But small ones are as if inside his house.

“If a poor person knocks off [olives] from high up in the olive tree, what is under him falls under the category of robbery²⁴¹The longer version of the Mishnah (indicated by italics) is close to the text of the Babli and most Mishnah mss., for communal peace; Rebbi Yose says, complete robbery.” That means, on the earth²⁴²What falls down on the ground is only protected by rabbinic rule. But what the poor person picks and puts in a vessel is his property by biblical standards.. But if he plucks with his hand, his hand acquires for him.

²⁴³The text, to the end of the Halakhah, is also in Demai 4:6, Notes 76–79. Variants from there are noted ד; a (Babylonian spelling) variant from the Venice print by ו. The text there is probably copied from a ms. which underwent fewer changes than the text here.“One does not hinder poor Gentiles [from taking] gleanings, forgotten sheaves, or peah, for communal peace.” It was stated: “In a town where Gentiles and Jews live together, one appoints overseers of charity from Gentiles and Jews; one provides for the Gentile and Jewish poor, visits Gentile and Jewish sick, buries Gentile and Jewish dead, and consoles Gentile and Jewish mourners. Also, one washes Gentile and Jewish clothes for the sake of peaceful coexistence.”

A weaver asked Rebbi Immi, what about a Gentile wedding feast? He wanted to permit it to them from this: “Because of peaceful coexistence.” Rebbi Abba told them, did not Rebbi Ḥiyya state that the holiday of a Gentile wedding feast is forbidden? Rebbi Immi said, if it had not been for Rebbi Abba, we would have come to permit their strange worship; praised be He Who separated us from them.