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8:4:1

משנה: הַפְּרוֹטִיּוֹת אֲסוּרוֹת וְהָרַמָּךְ מוּתָּר. וְאַדְנֵי הַשָּׂדֶה חַיָּה. רִבִּי יוֹסֵי אוֹמֵר מְטַמְּאוֹת בְּאוֹהֶל כֶּאָדָם. הַקּוֹפָּד וְחוּלְדַּת הַסְּנָאִין חַיָּה. חוּלְדַּת הַסְּנָאִין רִבִּי יוֹסֵי אוֹמֵר בֵּית שַׁמַּאי אוֹמֵר מְטַמֵּא בִּכְזַיִת בְּמַשָּׂא וְכַעֲדָשָׁה בְמַגָּע. שׁוֹר בַּר מִין בְּהֵמָה רִבִּי יוֹסֵי אוֹמֵר מִין חַיָּה. כֶּלֶב מִין חַיָּה רִבִּי מֵאִיר אוֹמֵר מִין בְּהֵמָה. הַחֲזִיר מִין בְּהֵמָה. הֶעָרוֹד מִין חַיָּה. הַפִּיל וְהַקּוֹף מִין חַיָּה. וְהָאָדָם מוּתָּר עִם כּוּלָּן לַחֲרוֹשׁ וְלִמְשׁוֹךְ.

MISHNAH: Perotiot77All commentaries depending on gaonic sources declare these to be mules about which it is unknown whether their mother was a horse or a donkey and whose ears do not allow to determine the species of their mother. This implies that the opinion of R. Jehudah in the preceding Mishnah is accepted here as opinion of the anonymous majority and, therefore, practice to be followed. This would make superfluous the statement of R. Isaac bar Naḥman in the preceding Halakhah. Now in Arabic, פֻדַט فُرَط is “a horse which outruns all others” (from the root فرط “to surpass”). It might be that the entire sentence speaks of horses and that thoroughbreds are considered a separate species created by what today would be called genetic engineering, while wild horses are the same as a standard domesticated horse. {Cf. also Medieval Latin paraveredus,parifredus “horse” (E. G.).} are forbidden and wild horses78Definition of Maimonides. are permitted. A great ape79Maimonides explains by Arabic נסנאס, نَسناَس “a fabled animal having only one foot,” in accordance with the Halakhah here, but in his Commentary to Mishnah Yadayim 1:5 he notes that an ape (قِرد) in Egypt is called נסנאס (in modern Farsi, it means Orang Utan). Rebbi Yose holds in Yadaim 1:5 that a great ape is not a human but the Sages there disagree. is a wild animal; Rebbi Yose says they cause impurity in a tent like a human80Only human corpses cause impurity in a tent, cf. Chapter 2, Note 180.. The hedgehog81Biblical קִפֹּד. The Arabic quoted by Maimonides, קנפד, means either “rat” or “hedgehog.” and a squirrel mole82חולדה, the Biblical חֹלֶד, means “mole” (Ḥagigah 1:5, fol. 80c). In Lev. 11:29, the mole is classified with the “crawling things”. The problem is with the qualifier סנאי (or סניי), which the older commentaries derive from סנה “small bush, tree producing fruit every second year”, but it is difficult to see a mole living in a bush. Maimonides describes the animal as “a kind of fox looking like a mole”. If this animal is classified as “wild animal”, its carcass or parts of it will make impure if touched or carried (even without touching) but only if there is at least the volume of an average olive; if it is classified as a “crawling thing” it does not make impure by being carried, but by touch it makes impure already by the volume of a small lentil. are wild animals. About the squirrel mole, Rebbi Yose says that the House of Shammai say it defiles in the amount of the volume of an olive in carrying, but in the volume of a lentil by touch.
The bison is a domesticated animal; Rebbi Yose says a wild animal96For the Sages one is permitted to mate bison and cattle and to plough with an ox and a bison yoked together; for R. Yose it is forbidden.. The dog is a wild animal; Rebbi Meïr says a domesticated animal. The pig is a domesticated animal, the wild donkey a wild animal. Elephant and monkey are wild animals. A human is permitted to plough and draw with all of them.

MISHNAH: Perotiot77All commentaries depending on gaonic sources declare these to be mules about which it is unknown whether their mother was a horse or a donkey and whose ears do not allow to determine the species of their mother. This implies that the opinion of R. Jehudah in the preceding Mishnah is accepted here as opinion of the anonymous majority and, therefore, practice to be followed. This would make superfluous the statement of R. Isaac bar Naḥman in the preceding Halakhah. Now in Arabic, פֻדַט فُرَط is “a horse which outruns all others” (from the root فرط “to surpass”). It might be that the entire sentence speaks of horses and that thoroughbreds are considered a separate species created by what today would be called genetic engineering, while wild horses are the same as a standard domesticated horse. {Cf. also Medieval Latin paraveredus,parifredus “horse” (E. G.).} are forbidden and wild horses78Definition of Maimonides. are permitted. A great ape79Maimonides explains by Arabic נסנאס, نَسناَس “a fabled animal having only one foot,” in accordance with the Halakhah here, but in his Commentary to Mishnah Yadayim 1:5 he notes that an ape (قِرد) in Egypt is called נסנאס (in modern Farsi, it means Orang Utan). Rebbi Yose holds in Yadaim 1:5 that a great ape is not a human but the Sages there disagree. is a wild animal; Rebbi Yose says they cause impurity in a tent like a human80Only human corpses cause impurity in a tent, cf. Chapter 2, Note 180.. The hedgehog81Biblical קִפֹּד. The Arabic quoted by Maimonides, קנפד, means either “rat” or “hedgehog.” and a squirrel mole82חולדה, the Biblical חֹלֶד, means “mole” (Ḥagigah 1:5, fol. 80c). In Lev. 11:29, the mole is classified with the “crawling things”. The problem is with the qualifier סנאי (or סניי), which the older commentaries derive from סנה “small bush, tree producing fruit every second year”, but it is difficult to see a mole living in a bush. Maimonides describes the animal as “a kind of fox looking like a mole”. If this animal is classified as “wild animal”, its carcass or parts of it will make impure if touched or carried (even without touching) but only if there is at least the volume of an average olive; if it is classified as a “crawling thing” it does not make impure by being carried, but by touch it makes impure already by the volume of a small lentil. are wild animals. About the squirrel mole, Rebbi Yose says that the House of Shammai say it defiles in the amount of the volume of an olive in carrying, but in the volume of a lentil by touch.
The bison is a domesticated animal; Rebbi Yose says a wild animal96For the Sages one is permitted to mate bison and cattle and to plough with an ox and a bison yoked together; for R. Yose it is forbidden.. The dog is a wild animal; Rebbi Meïr says a domesticated animal. The pig is a domesticated animal, the wild donkey a wild animal. Elephant and monkey are wild animals. A human is permitted to plough and draw with all of them.

8:4:2

הלכה: הַפְּרוֹטִיּוֹת אֲסוּרוֹת וְהָרַמָּךְ מוּתָּר כול'. רִבִּי אִימִּי בְשֵׁם רִבִּי לָעְזָר רַמְכָה דְּלָא כַלִינֹס. כְּמַה דְּתֵימַר בְּנֵי הָרַמָּכִים.

HALAKHAH: “Perotiot are forbidden and wild horses are permitted.” Rebbi Ammi in the name of Rebbi Eleazar: Ramak is without χαλινός “bit”. As one says (Est. 8:10): “the sons of wild horses”83While in Arabic, רמך (rimāk,armāk) is a mare, R. Ammi insists that in the verse the masculine ending is appropriate and the horses used by the Persian imperial mail were born to domesticated mares but sired by wild (unbridled) horses..

HALAKHAH: “Perotiot are forbidden and wild horses are permitted.” Rebbi Ammi in the name of Rebbi Eleazar: Ramak is without χαλινός “bit”. As one says (Est. 8:10): “the sons of wild horses”83While in Arabic, רמך (rimāk,armāk) is a mare, R. Ammi insists that in the verse the masculine ending is appropriate and the horses used by the Persian imperial mail were born to domesticated mares but sired by wild (unbridled) horses..

8:4:3

אַבְנֵי הַשָּׂדֶה חַיָּה. יַיסִי עַרְקִיי בַּר נַשׁ דְּטוּר הוּא וְהוּא חַיי מִן טִיבוּרֵייהּ אִיפְסַק טִיבוּרֵייהּ לָא חַיי. רִבִּי חָמָא בַּר עוּקְבָּא בְּשֵׁם רִבִּי יוֹסֵי בֶן חֲנִינָה טַעֲמָא דְּרִבִּי יוֹסֵי וְכָל אֲשֶׁר יִגַּע עַל פְּנֵי הַשָּׂדֶה בְּגָדֵל עַל פְּנֵי הַשָּׂדֶה.

“ ‘Field Stones’84Reading of the Venice print; the Leyden ms. has two dots over the ב. But also in Sifra Šemini 4|6|5 it is stated on Lev. 11:27: “ ‘All that walks on its soles’ that is the monkey, ‘all that walks’ includes hedgehog and squirrel mole, field stones and seals.” אבני השדה for אדני השדה refers to Job 5:23: “Your covenant is with ‘field stones’.” is an animal.” Yassi from Arke: It is a mountain man and lives from its navel. If its umbilical cord is cut, it cannot live. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose (Num. 19:16): “All that touches [a slain person] on the surface of the field”, when it grows on the field.

“ ‘Field Stones’84Reading of the Venice print; the Leyden ms. has two dots over the ב. But also in Sifra Šemini 4|6|5 it is stated on Lev. 11:27: “ ‘All that walks on its soles’ that is the monkey, ‘all that walks’ includes hedgehog and squirrel mole, field stones and seals.” אבני השדה for אדני השדה refers to Job 5:23: “Your covenant is with ‘field stones’.” is an animal.” Yassi from Arke: It is a mountain man and lives from its navel. If its umbilical cord is cut, it cannot live. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose (Num. 19:16): “All that touches [a slain person] on the surface of the field”, when it grows on the field.

8:4:4

הַיָּרוֹרוֹת וְהַנַּעֲמִית הֲרֵי הֵן כְּעוֹף לְכָל דָּבָר. וְהַנָּחָשׁ הֲרֵי הוּא כְּחַיָּה.

Yaror85In Tosephta Kilaim 5:8 ירורין. From the context, the name must refer to a walking bird, with a voice resembling that of a jackal. The word was used for birds both in Symmachos and the Peshitto, cf. R. S. Lieberman, תוספתא כפשוטה זרעים (New York 1956) p. 652. The determinations here refer to the rules of defilement by dead animals. The rule for the snake is given in Lev. 11:42 which states that “all that walk on their bellies and all that walk on four legs” follow the same rules. and ostrich are like birds in all respects. The snake is like a wild animal.

Yaror85In Tosephta Kilaim 5:8 ירורין. From the context, the name must refer to a walking bird, with a voice resembling that of a jackal. The word was used for birds both in Symmachos and the Peshitto, cf. R. S. Lieberman, תוספתא כפשוטה זרעים (New York 1956) p. 652. The determinations here refer to the rules of defilement by dead animals. The rule for the snake is given in Lev. 11:42 which states that “all that walk on their bellies and all that walk on four legs” follow the same rules. and ostrich are like birds in all respects. The snake is like a wild animal.

8:4:5

רִבִּי חִיָיה בְשֵׁם רִבִּי יוֹחָנָן שִׁשָּׁה סְפֵיקוֹת הֵן. הַצְּלָף בְּאִילָן כְּבֵית שַׁמַּי. כְּלֵי חֶרֶס בִּכְלֵי נֶתֶר כְּבֵית שַׁמַּי. חוּלְדַּת הַסְּנָאִים בִּשְׁרָצִים כְּבֵית שַׁמַּי. פּוּל מִצְרִי בִזְרָעִים. וְאַנְדְרוֹגִינֹס בָּאָדָם. כּוֹי בְּחַיָּה דִּבְרֵי הַכֹּל. רִבִּי חָמָא בַּר עוּקְבָּא אָמַר וְאַמָּה טְרִיקְסִין. מַהוּ וְאַמָּה טְרִיקְסִין רִבִּי יוֹנָה בוֹצְרָיָיה אָמַר טְרִיכְּסוֹן מַה מִבִּפְנִים מִבְּחוּץ. אָמַר רִבִּי יוֹסֵי מִן מַה דִכְתִיב וְאַרְבָּעִים בָּאַמָּה הָיָה הַבַּיִת הוּא הַהֵיכָל לִפְנָיי הָדָא אָמְרָה מִבִּפְנִים. אָמַר לֵיהּ רִבִּי מָנָא וְהָכְתִיב וַיַּעַשׂ אֶת בֵּית קוֹדֶשׁ הַקֳּדָשִׁים עֶשְׂרִים אַמָּה אוֹרֶךְ וְעֶשְׂרִים רוֹחָב. הָדָא אָמְרָה מִבְּחוּץ.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: There are six unresolved doubts. The caper-bush among trees following the House of Shammai86In Halakhah 5:6, the House of Shammai make the capeṛbush subject to the restrictions both of vegetables and of trees (Note 92)., clay vessels like potash vessels following the House of Shammai87Tosephta Kelim Baba Qama 2:1: “Vessels made of potash, the House of Shammai say they may become impure from the inside and their airspace like clay vessels and from the outside like metal vessels.” Clay vessels cannot become impure if an impurity touches their outside, cf. Berakhot Chapter Eight, Note 51., the squirrel mole among the crawling things following the House of Shammai88In the Mishnah here.; the Egyptian bean among seed-vegetables89Halakhah 3:2., the hermaphrodite among humans90Whether he is treated as a male or a female. This is detailed in Tosephta Bikkurim 2., the koi among wild animals according to everybody91Tosephta Bikkurim 2:1. Hulin 80a: "Koi is the wild goat; some people say it comes from a male goat and a female deer. Rebbi Yose said, koi is a separate species and the Sages were unable to decide whether it follows the rules of domesticated animals or those of wild animals." The difference between domesticated and wild kasher animals is explained in Chapter 1, Note 104.. Rebbi Ḥama bar Uqba said, also the ṭrīqsīn cubit92The space in the Temple between the holy and the holiest of holies parts. The problem is whether it is part of the Temple hall or of the holiest of holies.. What is the ṭrīqsīn cubit? Rebbi Jonah from Bostra said, confusion93Jastrow’s explanation is Greek τάραξιν, accusative of τάραξις “confusion”. [Maimonides (Commentary to Middot 4:7) declares the word to be the name of the dividing wall in the first Temple.] A Gaonic commentary to Yoma explains טרקסין by an Arabic word בראסתג of unknown meaning. Arukh and Rashi declare טרקסין (spelling of Mishnah Middot 4:7) to be a Greek word and “inside-outside” its meaning. Compare Latin intro, adv. “inside” and extra, adv. “outside” for composite inTREXtra (E. G.)., “what is inside-outside?” Rebbi Yose said, since it is written (1K. 6:17) “forty cubits was the House, that is the inner Temple,” it means it is counted inside94Since no provision is made for the wall, the wall is not part of the main part of the main room of the Temple but must be under the rules of the holiest of holies.. Rebbi Mana said to him, but it is written (2Chr. 3:8) “He made the holiest of holies twenty cubits long and ten wide,95That verse is badly misquoted: ויעש את בית קדשי הקדשים ארכו על פני רחב הבית אמות עשרים ורחבו אמות עשרים. It makes no difference for the objection.” that means it is counted outside.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: There are six unresolved doubts. The caper-bush among trees following the House of Shammai86In Halakhah 5:6, the House of Shammai make the capeṛbush subject to the restrictions both of vegetables and of trees (Note 92)., clay vessels like potash vessels following the House of Shammai87Tosephta Kelim Baba Qama 2:1: “Vessels made of potash, the House of Shammai say they may become impure from the inside and their airspace like clay vessels and from the outside like metal vessels.” Clay vessels cannot become impure if an impurity touches their outside, cf. Berakhot Chapter Eight, Note 51., the squirrel mole among the crawling things following the House of Shammai88In the Mishnah here.; the Egyptian bean among seed-vegetables89Halakhah 3:2., the hermaphrodite among humans90Whether he is treated as a male or a female. This is detailed in Tosephta Bikkurim 2., the koi among wild animals according to everybody91Tosephta Bikkurim 2:1. Hulin 80a: "Koi is the wild goat; some people say it comes from a male goat and a female deer. Rebbi Yose said, koi is a separate species and the Sages were unable to decide whether it follows the rules of domesticated animals or those of wild animals." The difference between domesticated and wild kasher animals is explained in Chapter 1, Note 104.. Rebbi Ḥama bar Uqba said, also the ṭrīqsīn cubit92The space in the Temple between the holy and the holiest of holies parts. The problem is whether it is part of the Temple hall or of the holiest of holies.. What is the ṭrīqsīn cubit? Rebbi Jonah from Bostra said, confusion93Jastrow’s explanation is Greek τάραξιν, accusative of τάραξις “confusion”. [Maimonides (Commentary to Middot 4:7) declares the word to be the name of the dividing wall in the first Temple.] A Gaonic commentary to Yoma explains טרקסין by an Arabic word בראסתג of unknown meaning. Arukh and Rashi declare טרקסין (spelling of Mishnah Middot 4:7) to be a Greek word and “inside-outside” its meaning. Compare Latin intro, adv. “inside” and extra, adv. “outside” for composite inTREXtra (E. G.)., “what is inside-outside?” Rebbi Yose said, since it is written (1K. 6:17) “forty cubits was the House, that is the inner Temple,” it means it is counted inside94Since no provision is made for the wall, the wall is not part of the main part of the main room of the Temple but must be under the rules of the holiest of holies.. Rebbi Mana said to him, but it is written (2Chr. 3:8) “He made the holiest of holies twenty cubits long and ten wide,95That verse is badly misquoted: ויעש את בית קדשי הקדשים ארכו על פני רחב הבית אמות עשרים ורחבו אמות עשרים. It makes no difference for the objection.” that means it is counted outside.

8:4:6

שׁוֹר בַּר מִין בְּהֵמָה. רַבָּנִין אָמְרִין מִיכֹּא הֲוָה וְעָרַק לְתַמָּן. רִבִּי יוֹסֵי אוֹמֵר עִוקָּרֵיהּ מִן תַּמָּן הֲוָה. הָא שׁוֹר עִם שׁוֹר בַּר אֵינָן כִּלְאַיִם דְּלֹא כְרִבִּי יוֹסֵה דְּרִבִּי יוֹסֵה אָמַר כִּלְאַיִם. וְאִילֵּין דִּמְתַרְגְּמִין וְתוֹרֵי בַּר וְרִאמְנִין כְּרִבִּי יוֹסֵה.

“The bison is a domesticated animal.” The rabbis say it was from here and escaped there97“Here” is agricultural society, “there” is the wild. The rabbis consider bison as cattle that became wild.. Rebbi Yose says, its roots were from there. Hence an ox and a bison are not kilaim, not following Rebbi Yose, since Rebbi Yose says it is kilaim. But those who translate “wild oxen and antelopes” follow Rebbi Yose98Targum Pseudo-Jonathan translates ודישן ותאו in the list of wild animals of Deut. 14:5 as וְרִימְנִין וְתוֹרֵי בַּר..

“The bison is a domesticated animal.” The rabbis say it was from here and escaped there97“Here” is agricultural society, “there” is the wild. The rabbis consider bison as cattle that became wild.. Rebbi Yose says, its roots were from there. Hence an ox and a bison are not kilaim, not following Rebbi Yose, since Rebbi Yose says it is kilaim. But those who translate “wild oxen and antelopes” follow Rebbi Yose98Targum Pseudo-Jonathan translates ודישן ותאו in the list of wild animals of Deut. 14:5 as וְרִימְנִין וְתוֹרֵי בַּר..

8:4:7

רִבִּי בָּא בְשֵׁם שְׁמוּאֵל אַוָוז עִם אַוַוז מִדְבָּר כִּלְאַיִם זֶה בְזֶה. אַוָוז עִם אַוַוז הַיָּם תַּנֶּה רִבִּי יוּדָה בֶּן פָּזִי דְּבַר דָּלָיָה וְלָא יָדְעִין מָאן תַּנֶּה. קַל וָחוֹמֶר מַה אִם בְּשָׁעָה שֶׁשְּׁנֵיהֶן בַּיַּבָּשָׁה אַתְּ אָמַר אָסוּר בְּשָׁעָה שֶׁאֶחָד בַּיַּבָּשָׁה וְאֶחָד בַּיָּם לֹא כָּל שֶּׁכֵּן.

Rebbi Abba in the name of Rebbi Samuel: Goose and desert goose are kilaim one with the other. About goose and sea goose, Rebbi Judah ben Pazi stated in the name of Bar Dalaiah and we do not know what he stated. It is a conclusion a minori ad majus: If you say they are forbidden when both of them are on dry land, so much more if one is on dry land and one at sea.

Rebbi Abba in the name of Rebbi Samuel: Goose and desert goose are kilaim one with the other. About goose and sea goose, Rebbi Judah ben Pazi stated in the name of Bar Dalaiah and we do not know what he stated. It is a conclusion a minori ad majus: If you say they are forbidden when both of them are on dry land, so much more if one is on dry land and one at sea.

8:4:8

וְאָדָם מוּתָּר בְּכוּלָּן לַחֲרוֹשׁ וְלִמְשׁוֹךְ. כְּתִיב לֹא תַחֲרוֹשׁ בְּשׁוֹר וּבַחֲמוֹר יַחְדָּיו. בְּשׁוֹר וּבַחֲמוֹר אֵין אַתְּ חוֹרֵשׁ אֲבָל חוֹרֵשׁ אַתְּ בְּשׁוֹר עִם אָדָם בַּחֲמוֹר עִם אָדָם.

“A person is permitted to plough and draw with all of them.” It is written (Deut. 22:10): “Do not plough with an ox and a donkey together.” (Sifri Deut. 231) You may not plough with an ox and a donkey but you may plough with an ox and a human, a donkey with a human.

“A person is permitted to plough and draw with all of them.” It is written (Deut. 22:10): “Do not plough with an ox and a donkey together.” (Sifri Deut. 231) You may not plough with an ox and a donkey but you may plough with an ox and a human, a donkey with a human.

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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