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3:4:1

משנה: אִילָן שֶׁהוּא עוֹמֵד בִּפְנִים וְנוֹטֶה לַחוּץ אוֹ עוֹמֵד לַחוּץ וְנוֹטֶה לִפְנִים מִכְּנֶגֶד הַחוֹמָה וְלִפְנִים כְּלִפְנִים. מִכְּנֶגֶד הַחוֹמָה וְלַחוּץ כְּלַחוּץ. בָּתֵּי הַבַּדִּים שֶׁפִּתְחֵיהֶן לִפְנִים וַחֲלָלָן לַחוּץ אוֹ שֶׁפִּתְחֵיהֶן לַחוּץ וַחֲלָלָן לִפְנִים בֵּית שַׁמַּאי אוֹמְרִים הַכֹּל כְּלִפְנִים וּבֵית הִלֵּל אוֹמְרִים כְּנֶגֶד הַחוֹמָה וְלִפְנִים כְּלִפְנִים מִכְּנֶגֶד הַחוֹמָה וְלַחוּץ לַחוּץ. הַלְּשָׁכוֹת בְּנוּיוֹת בַּקּוֹדֶשׁ וּפְתוּחוֹת לַחוֹל תּוֹכָן חוֹל וְגַגּוֹתֵיהֶן קוֹדֶשׁ בְּנוּיוֹת בַּחוֹל וּפְתוּחוֹת לַקּוֹדֶשׁ תּוֹכָן קוֹדֶשׁ וְגַגּוֹתֵיהֶן חוֹל. בְּנוּיוֹת בַּקּוֹדֶשׁ וּבַחוֹל וּפְתוּחוֹת לַקּוֹדֶשׁ וְלַחוֹל תּוֹכָן וְגַגּוֹתֵיהֶן כְּנֶגֶד הַקּוֹדֶשׁ וְלַקּוֹדֶשׁ קוֹדֶשׁ. כְּנֶגֶד הַחוֹל וְלַחוֹל חוֹל.

MISHNAH: A tree which stands inside83R. Simeon ben Jehudah in his statement about demay, Note 60. and [its crown] extends outside, or stands outside and extends inside, what is above the wall and inside is like inside, above the wall and outside is like outside. Oil presses whose entrances are inside but their space extends to the outside or whose entrances are outside but their space extends to the inside, the House of Shammai say it is all counted as inside, but the House of Hillel say what is under the wall and inside is like inside, under the wall and outside is like outside84In all these rules, the wall appears both outside and inside. In Mishnah Pesaḥim 7:10 it is stated that the wall is counted as inside. Therefore, the interpretation here should be: From the wall to the outside it is outside. However, in the Tosephta (Ma‘aser Šeni 2:15) the status of the wall is a matter of controversy..
If chambers are built in the holy precinct and open to the profane domain, their insides are profane but their roofs holy85In the profane domain, Second Tithe and simple sacrifices (family sacrifices) may be consumed. In the holy part, most-holy sacrifices may be consumed and simple sacrifices be slaughtered. (Most-holy sacrifices must be slaughtered inside the precinct, North of the altar.). If they are built in the profane domain but open to the holy precinct, their insides are holy but their roofs profane. If they are built in the holy and the profane and open both to the holy and the profane86The chamber of the fireplace, where the Cohanim kept watch during the night and from which a Cohen who became impure could first descend to a subterranean miqweh and then leave directly into the profane domain as a ṭevul yom., their insides and their roofs, over the holy and in direction of the holy they are holy87The border between holy and profane domain was indicated by a mosaic strip. This strip takes the function of the wall which belongs to both domains., over the profane and in direction of the profane they are profane.

MISHNAH: A tree which stands inside83R. Simeon ben Jehudah in his statement about demay, Note 60. and [its crown] extends outside, or stands outside and extends inside, what is above the wall and inside is like inside, above the wall and outside is like outside. Oil presses whose entrances are inside but their space extends to the outside or whose entrances are outside but their space extends to the inside, the House of Shammai say it is all counted as inside, but the House of Hillel say what is under the wall and inside is like inside, under the wall and outside is like outside84In all these rules, the wall appears both outside and inside. In Mishnah Pesaḥim 7:10 it is stated that the wall is counted as inside. Therefore, the interpretation here should be: From the wall to the outside it is outside. However, in the Tosephta (Ma‘aser Šeni 2:15) the status of the wall is a matter of controversy..
If chambers are built in the holy precinct and open to the profane domain, their insides are profane but their roofs holy85In the profane domain, Second Tithe and simple sacrifices (family sacrifices) may be consumed. In the holy part, most-holy sacrifices may be consumed and simple sacrifices be slaughtered. (Most-holy sacrifices must be slaughtered inside the precinct, North of the altar.). If they are built in the profane domain but open to the holy precinct, their insides are holy but their roofs profane. If they are built in the holy and the profane and open both to the holy and the profane86The chamber of the fireplace, where the Cohanim kept watch during the night and from which a Cohen who became impure could first descend to a subterranean miqweh and then leave directly into the profane domain as a ṭevul yom., their insides and their roofs, over the holy and in direction of the holy they are holy87The border between holy and profane domain was indicated by a mosaic strip. This strip takes the function of the wall which belongs to both domains., over the profane and in direction of the profane they are profane.

3:4:2

הלכה: אָמַר רִבִּי לָעְזָר לַחוֹמָרִין. רִבִּי יוֹסֵי בָּעֵי מַהוּ לַחוֹמָרִין. אָמַר רִבִּי יוֹנָה הָדָא דְתַנִּינָן תַּמָּן בָּתֵּי הַבַּדִּין שֶׁפִּתְחֵיהֶן לִפְנִים וַחֲלָלָן לַחוּץ מִכְּנֶגֶד הַחוֹמָה וְלִפְנִים כְּלִפְנִים. מִכְּנֶגֶד הַחוֹמָה וְלַחוּץ כִּלְחוּץ. אֵין שׁוֹחֲטִין שָׁם קֳדָשִׁים קַלִּין כְּלִפְנִים וְלֹא פּוֹדִין שָׁם מַעֲשֵׂר שֵׁינִי כִּלְּחוּץ. אִין פִּתְחֵיהֶן לַחוּץ וַחֲלָלָן לִפְנִים מִכְּנֶגֶד הַחוֹמָה וְלַחוּץ כִּלְּחוּץ. מִכְּנֶגֶד הַחוֹמָה וְלִפְנִים אֵין שׁוֹחֲטִין שָׁם קֳדָשִׁים קַלִּים כְּלִפְנִים וְלֹא פוֹדִין שָׁם מַעֲשֵׂר שֵׁינִי כִּלְחוּץ.

HALAKHAH: Rebbi Eleazar said, for restriction. Rebbi Yose asked, what means “for restriction”? Rebbi Jonah said, that is what we have stated there88The text here is hopelessly garbled since oil presses (Mishnah 8) are in the city, not on the Temple Mount but sacrifices are slaughtered in the Temple precinct (Mishnah 9). As a minimum one would have to replace “slaughter” by “eat” to adapt the text to the circumstances of the city of Jerusalem.
A consistent text is in Tosephta 2:12: “Oil presses whose entrances are inside [the city] but their space extends to the outside or whose entrances are outside but their space extends to the inside, the House of Shammai say one does not redeem there Second Tithe as if it were inside and not does not eat simple sacrifices as if it were outside. But the House of Hillel say what is under the wall and inside is like inside, under the wall and outside is like outside. Rebbi Yose said, this is the teaching of Rebbi Aqiba. The earlier teaching: The House of Shammai say one does not redeem there Second Tithe as if it were inside nor does one eat simple sacrifices as if it were outside. But the House of Hillel say, they are similar to chambers; those open to the inside are like inside, those open to the outside like outside.”
It is impossible to correct the text by the Tosephta (except for “eat” instead of “slaughter”) since the statement of R. Yose is quoted in a different context at the end of the Halakhah. Also, to extend the prohibition both of eating sacrifices and of redeeming tithe to the entire space would do violence to the text; in that case there would be no difference between being open to the inside or the outside. One must conclude that the place where one restricts to exclude the activities both outside and inside the walls is the place under the wall itself.
Maimonides (Ma‘aser Šeni 2:16) formulates as follows: “Houses by the wall which open inside the wall but extend outside, under the wall and inside it is like inside the city in all respects, but under the wall and outside one does neither eat nor redeem as a restriction. If they were built inside but open to the outside, from the wall to the outside one redeems, to the inside one neither redeems nor eats as a restriction. The thickness of the wall and the loopholes are like the inside.” The last sentence is Mishnah Pesaḥim7:10.
: “Oil presses whose doors are open inside but which extend to the outside, under the wall and inside is like inside, under the wall and outside is like outside. One does not slaughter there simple sacrifices as one would inside and one does not redeem Second Tithe as outside. If their doors are open outside but extend to the inside, under the wall and outside is like outside, under the wall and inside, one does not slaughter there simple sacrifices as one would inside and one does not redeem Second Tithe as outside.”

HALAKHAH: Rebbi Eleazar said, for restriction. Rebbi Yose asked, what means “for restriction”? Rebbi Jonah said, that is what we have stated there88The text here is hopelessly garbled since oil presses (Mishnah 8) are in the city, not on the Temple Mount but sacrifices are slaughtered in the Temple precinct (Mishnah 9). As a minimum one would have to replace “slaughter” by “eat” to adapt the text to the circumstances of the city of Jerusalem.
A consistent text is in Tosephta 2:12: “Oil presses whose entrances are inside [the city] but their space extends to the outside or whose entrances are outside but their space extends to the inside, the House of Shammai say one does not redeem there Second Tithe as if it were inside and not does not eat simple sacrifices as if it were outside. But the House of Hillel say what is under the wall and inside is like inside, under the wall and outside is like outside. Rebbi Yose said, this is the teaching of Rebbi Aqiba. The earlier teaching: The House of Shammai say one does not redeem there Second Tithe as if it were inside nor does one eat simple sacrifices as if it were outside. But the House of Hillel say, they are similar to chambers; those open to the inside are like inside, those open to the outside like outside.”
It is impossible to correct the text by the Tosephta (except for “eat” instead of “slaughter”) since the statement of R. Yose is quoted in a different context at the end of the Halakhah. Also, to extend the prohibition both of eating sacrifices and of redeeming tithe to the entire space would do violence to the text; in that case there would be no difference between being open to the inside or the outside. One must conclude that the place where one restricts to exclude the activities both outside and inside the walls is the place under the wall itself.
Maimonides (Ma‘aser Šeni 2:16) formulates as follows: “Houses by the wall which open inside the wall but extend outside, under the wall and inside it is like inside the city in all respects, but under the wall and outside one does neither eat nor redeem as a restriction. If they were built inside but open to the outside, from the wall to the outside one redeems, to the inside one neither redeems nor eats as a restriction. The thickness of the wall and the loopholes are like the inside.” The last sentence is Mishnah Pesaḥim7:10.
: “Oil presses whose doors are open inside but which extend to the outside, under the wall and inside is like inside, under the wall and outside is like outside. One does not slaughter there simple sacrifices as one would inside and one does not redeem Second Tithe as outside. If their doors are open outside but extend to the inside, under the wall and outside is like outside, under the wall and inside, one does not slaughter there simple sacrifices as one would inside and one does not redeem Second Tithe as outside.”

3:4:3

אָמַר רִבִּי יַעֲקֹב בַּר אָחָא כֵּינִי מַתְנִיתָא תּוֹכָן קוֹדֶשׁ וְגַגּוֹתֵיהֶן (חוֹל) מִכְּנֶגֶד הַקּוֹדֶשׁ וְלַקּוֹדֶשׁ כִּלְקוֹדֶשׁ מִכְּנֶגֶד הַחוֹל וְלַחוֹל חוֹל. בְּנוּיוֹת בַּקּוֹדֶשׁ וּפְתוּחוֹת לַקּוֹדֶשׁ וְלַחוֹל תּוֹכָן קוֹדֶשׁ. בְּנוּיוֹת בַּחוֹל וּפְתוּחוֹת לַקּוֹדֶשׁ וְלַחוֹל תּוֹכָן חוֹל. הֵן דְּאַתְּ אָמַר תּוֹכָן קוֹדֶשׁ אוֹכְלִין שָׁם קָדְשֵׁי קֳדָשִׁים וְשׁוֹחֲטִין שָׁם קֳדָשִׁים קַלִּין וְטָמֵא שֶׁנִּכְנַס לְשָׁם חַיָיב.

Rebbi Jacob bar Aḥa said, so is the Mishnah90He adds one word, “is holy”, to the last clause in the Mishnah. This is all that is quoted from the Mishnah.: “Their insides are holy and their roofs (are profane)89The word is missing in the Rome ms.; in the Leyden ms. it is added by a second hand. Most probably it should be disregarded; as it was by R. S. Cirillo., over the holy and in the direction of the holy they are holy, over the profane and in direction of the profane they are profane.” “Built in the holy but open to the holy and the profane, the inside is holy. Built in the profane but open to the holy and the profane, the inside is profane. There, where you say the inside is holy one eats most holy sacrifices, slaughters simple holy sacrifices and the impure who enters is guilty.”

Rebbi Jacob bar Aḥa said, so is the Mishnah90He adds one word, “is holy”, to the last clause in the Mishnah. This is all that is quoted from the Mishnah.: “Their insides are holy and their roofs (are profane)89The word is missing in the Rome ms.; in the Leyden ms. it is added by a second hand. Most probably it should be disregarded; as it was by R. S. Cirillo., over the holy and in the direction of the holy they are holy, over the profane and in direction of the profane they are profane.” “Built in the holy but open to the holy and the profane, the inside is holy. Built in the profane but open to the holy and the profane, the inside is profane. There, where you say the inside is holy one eats most holy sacrifices, slaughters simple holy sacrifices and the impure who enters is guilty.”

3:4:4

רַב יְהוּדָה בְשֵׁם רַב אֵין לוֹקִין אֶלָּא עַל אוֹרֶךְ מֵאָה וּשְׁמוֹנִים וְשֶׁבַע וְעַל רוֹחַב מֵאָה וּשְׁלֹשִׁים וְחָמֵשׁ. וְהָתַנֵּי לִשְׁכָּה שֶׁהִיא בְנוּיָה בְּשִׁיווּי חוֹמַת הָעֲזָרָה אוֹכְלִין שָׁם קָדְשֵׁי קֳדָשִׁים וְשׁוֹחֲטִין שָׁם קֳדָשִׁים קַלִּים וְטָמֵא שֶׁנִּכְנַס לְשָׁם פָּטוּר. תִּיפְתָּר כְּהָדָא תַנַּיָיא דְתַנֵּי אָמַר רִבִּי יוֹסֵי זוֹ מִשְׁנַת רִבִּי עֲקִיבָה. אֲבָל דִּבְרֵי חֲכָמִים הִבְדִּילוּ הַּכָּל הַלְּשָׁכוֹת וְכָל הַלְּשָׁכוֹת הוֹלְכִין אַחַר פִּתְחֵיהֶן.

Rav Jehudah in the name of Rav: One whips only for 187 length by 135 width92The inner measurements in cubits of the enclosure of the Temple as stated in Mishnah Middot. In the Babli, Zebaḥim 55b, the statement of Rav Jehudah is in the name of his teacher Samuel.. But did we not state: In a chamber built flush with the wall of the Temple courtyard one eats most holy sacrifices, slaughters simple holy sacrifices, but an impure person who enters there cannot be punished93This supports Rav but contradicts the baraita quoted in the preceding paragraph.. Explain it following the Tanna who stated94Cf. Tosephta 2:12, Note 88. The preceding baraita follows the Sages, the one quoted here R. Aqiba.: “Rebbi Yose said, these are the words of Rebbi Aqiba. But the Sages say, they classified the chambers and all chambers follow their openings.”

Rav Jehudah in the name of Rav: One whips only for 187 length by 135 width92The inner measurements in cubits of the enclosure of the Temple as stated in Mishnah Middot. In the Babli, Zebaḥim 55b, the statement of Rav Jehudah is in the name of his teacher Samuel.. But did we not state: In a chamber built flush with the wall of the Temple courtyard one eats most holy sacrifices, slaughters simple holy sacrifices, but an impure person who enters there cannot be punished93This supports Rav but contradicts the baraita quoted in the preceding paragraph.. Explain it following the Tanna who stated94Cf. Tosephta 2:12, Note 88. The preceding baraita follows the Sages, the one quoted here R. Aqiba.: “Rebbi Yose said, these are the words of Rebbi Aqiba. But the Sages say, they classified the chambers and all chambers follow their openings.”

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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