Talmud Yerushalmi
Yerushalmi Shevuot 4:10 ירושלמי שבועות ד׳:י׳
Part of: Chapter 4
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משנה: מַשְׁבִּיעַ אֲנִי עֲלֵיכֶם מְצַוֶּה אֲנִי עֲלֵיכֶם אוֹסֶרְכֶם אָנִי הֲרֵי אֵלּוּ חַיָיבִין. בַּשָּׁמַיִם וּבָאָרֶץ הֲרֵי אֵלּוּ פְטוּרִין. באל״ף דל״ת ביו״ד ה״א בְּשַׁדַּי בִּצְבָאוֹת בְּחַנּוּן וְרַחוּם בְּאֶרֶךְ אַפַּיִם וְרַב חֶסֶד וּבְכָל הַכּנּוּיִין הֲרֵי אֵלּוּ חַיָיבִין. הַמְקַלֵּל בְּכוּלָּן חַיָיב דִּבְרֵי רִבִּי מֵאִיר וַחֲכָמִים פּוֹטְרִין. הַמְקַלֵּל אָבִיו וְאִמּוֹ בְּכוּלָּן חַיָיב דִּבְרֵי רִבִּי מֵאִיר וַחֲכָמִים פּוֹטְרִין. הַמְקַלֵּל עַצְמוֹ וַחֲבֵירוֹ בְּכוּלָּן עוֹבֵר בְּלֹא תַעֲשֶׂה. יַכְּכָה אֱלֹהִים וְכֵן יַכְּכָה אֱלֹהִים זוֹ הִיא אָלָה הַכְּתוּבָה בַתּוֹרָה. וִיבָרֶכְךָ וְיֵיטִיב לָךְ רִבִּי מֵאִיר מְחַיֵיב וְרִבִּי יְהוּדָה פּוֹטֵר:
MISHNAH: “I put an oath upon you, I command you, I bind you,” these are liable106These are valid versions of a summons to testify.. “By Heaven and Earth,” they are not liable107“Heaven” is not a sobriquet of God’s Name.. “By א-ד, by י-ה, by the Almighty, by Sabaoth, by the Gracious and Merciful, by the Forbearing and Most Benevolent,” and all substitute names108א-ד stands for Adonay, י-ה for YHWH. A substitute name is any translation of any Name of Attribute of God in any vernacular., they are liable. One who curses by any of these is liable, the words of Rebbi Meїr; but the Sages declare him not liable109The crime of blasphemy (Lev. 24:15) refers only to blaspheming the Name (Sanhedrin 7:14).. One who curses his father or mother by any of these is liable, the words of Rebbi Meїr; but the Sages declare him not liable110The same holds for cursing father and mother (Ex. 21:17).. One who curses himself or another person by any of these violates a prohibition111Lev. 19:14; Sifra Qedošim Parashah 2(13).. “May God punish you, so may God punish you,” this is the imprecation mentioned in the Torah. “May He not punish you, may He bless you, may He do well with you,” Rebbi Meїr declares liable112If the claimant says “may He not punish you if you come to testify”, or “may He bless you if you come to testify”, for R. Meїr this implies the opposite, i. e., “may he punish you if you do not come to testify” etc. but Rebbi Jehudah declares not liable113For R. Jehudah, what has been said explicitly is the only thing that counts.
The Mishnah versions in the Babli and in the independent Mishnah mss. all read “but the Sages declare not liable.” It is clear from the Halakhah that this also was the reading in the Yerushalmi underlying the Halakhah since it was necessary to state that the Mishnah represents R. Jehudah’s opinion..
MISHNAH: “I put an oath upon you, I command you, I bind you,” these are liable106These are valid versions of a summons to testify.. “By Heaven and Earth,” they are not liable107“Heaven” is not a sobriquet of God’s Name.. “By א-ד, by י-ה, by the Almighty, by Sabaoth, by the Gracious and Merciful, by the Forbearing and Most Benevolent,” and all substitute names108א-ד stands for Adonay, י-ה for YHWH. A substitute name is any translation of any Name of Attribute of God in any vernacular., they are liable. One who curses by any of these is liable, the words of Rebbi Meїr; but the Sages declare him not liable109The crime of blasphemy (Lev. 24:15) refers only to blaspheming the Name (Sanhedrin 7:14).. One who curses his father or mother by any of these is liable, the words of Rebbi Meїr; but the Sages declare him not liable110The same holds for cursing father and mother (Ex. 21:17).. One who curses himself or another person by any of these violates a prohibition111Lev. 19:14; Sifra Qedošim Parashah 2(13).. “May God punish you, so may God punish you,” this is the imprecation mentioned in the Torah. “May He not punish you, may He bless you, may He do well with you,” Rebbi Meїr declares liable112If the claimant says “may He not punish you if you come to testify”, or “may He bless you if you come to testify”, for R. Meїr this implies the opposite, i. e., “may he punish you if you do not come to testify” etc. but Rebbi Jehudah declares not liable113For R. Jehudah, what has been said explicitly is the only thing that counts.
The Mishnah versions in the Babli and in the independent Mishnah mss. all read “but the Sages declare not liable.” It is clear from the Halakhah that this also was the reading in the Yerushalmi underlying the Halakhah since it was necessary to state that the Mishnah represents R. Jehudah’s opinion..
הלכה: מַשְׁבִּיעַ אֲנִי עֲלֵיכֶם כול׳ עַד סוֹפָהּ. מַשְׁבִּיעַ אֲנִי עֲלֵיכֶם סְתָם. חַיָיבִין. אוֹסֶרְכֶם אָנִי כּוֹבֶלְכֶם אָנִי. חַיָיבִין.
HALAKHAH: “I put an oath upon you,” etc. to the end. “I put an oath upon you” without addition114Obviously he has to add what he actually demands from them but he does not have to invoke the Name, neither does he have to state that this is an oath; the verb alone is sufficient., they are liable. “I am binding you, I am roping you in,” they are liable.
HALAKHAH: “I put an oath upon you,” etc. to the end. “I put an oath upon you” without addition114Obviously he has to add what he actually demands from them but he does not have to invoke the Name, neither does he have to state that this is an oath; the verb alone is sufficient., they are liable. “I am binding you, I am roping you in,” they are liable.
רִבִּי יוֹחָנָן בְשֵׁם רִבִּי יַנַּאי כְּמַתְנִיתִין. וְאִית דָּמְרִין רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. כֵּינִי מַתְנִיתִין. רִבִּי מֵאִיר מְחַיֵיב וְרִבִּי יוּדָה פּוֹטֵר. רִבִּי מֵאִיר כְדַעְתֵּיהּ וְרִבִּי יוּדָה כְדַעְתֵּיהּ. דְּתַנִּינָן תַּמָּן. קִילְּלָם בְּכִנּוּי רַבִּי מֵאִיר מְחַיֵיב וַחֲכָמִים פּוֹטְרִין.
Rebbi Joḥanan in the name of Rebbi Yannai, as our Mishnah115This seems to be a scribal error; one should read as in the next sentence כֵּינִי מַתְנִיתִין “so is our Mishnah.”. But some say, Rebbi Abbahu in the name of Rebbi Joḥanan, so is our Mishnah: “Rebbi Meïr declares liable but Rebbi Jehudah declares not liable.113For R. Jehudah, what has been said explicitly is the only thing that counts.
The Mishnah versions in the Babli and in the independent Mishnah mss. all read “but the Sages declare not liable.” It is clear from the Halakhah that this also was the reading in the Yerushalmi underlying the Halakhah since it was necessary to state that the Mishnah represents R. Jehudah’s opinion.” Rebbi Meїr follows his own opinion and Rebbi Jehudah follows his own opinion, as we have stated: “If he cursed them by a substitute name, Rebbi Meїr declares him guilty but the Sages free him from prosecution.116Mishnah Sanhedrin 7:14. Only here is opinion of the Sages attributed to R. Jehudah; in the Babli (Sanhedrin 66a) it is attributed to R. Menaḥem ben R. Yose.”
Rebbi Joḥanan in the name of Rebbi Yannai, as our Mishnah115This seems to be a scribal error; one should read as in the next sentence כֵּינִי מַתְנִיתִין “so is our Mishnah.”. But some say, Rebbi Abbahu in the name of Rebbi Joḥanan, so is our Mishnah: “Rebbi Meïr declares liable but Rebbi Jehudah declares not liable.113For R. Jehudah, what has been said explicitly is the only thing that counts.
The Mishnah versions in the Babli and in the independent Mishnah mss. all read “but the Sages declare not liable.” It is clear from the Halakhah that this also was the reading in the Yerushalmi underlying the Halakhah since it was necessary to state that the Mishnah represents R. Jehudah’s opinion.” Rebbi Meїr follows his own opinion and Rebbi Jehudah follows his own opinion, as we have stated: “If he cursed them by a substitute name, Rebbi Meїr declares him guilty but the Sages free him from prosecution.116Mishnah Sanhedrin 7:14. Only here is opinion of the Sages attributed to R. Jehudah; in the Babli (Sanhedrin 66a) it is attributed to R. Menaḥem ben R. Yose.”
הַמְקַלֵּל עַצְמוֹ וַחֲבֵירוֹ בְּכוּלָּן עוֹבֵר בְּלָאו. מָהוּ לִלְקוֹת. חֲבֵרַיָיא אָמְרֵי. אֵין לוֹקֶה. אֲמַר לוֹן רִבִּי יוֹסֵי. לָמָּה. שֶׁהוּא לֹא תַעֲשֶׂה שֶׁאֵין בּוֹ מַעֲשֶׂה. וַהֲרֵי הַמֵּמִיר וְהַנִּשְׁבָּע לַשֶׁקֶר לָאו שֶׁאֵין בּוֹ מַעֲשֶׂה הוּא.
“One who curses himself or another person by any of these violates a prohibition.” What about flogging? The colleagues say, he cannot be flogged. Rebbi Yose said to them, why? Because it is a prohibition not involving an action. But is not one who substitutes and one who swears falsely also a prohibition which involves no action117Cf. Chapter 3:11, Notes 166–168, and the parallels indicated there. It seems that R. Yose considers any speech as an action, against the consensus that speech can be considered action only if recognized as such by a verse.?
“One who curses himself or another person by any of these violates a prohibition.” What about flogging? The colleagues say, he cannot be flogged. Rebbi Yose said to them, why? Because it is a prohibition not involving an action. But is not one who substitutes and one who swears falsely also a prohibition which involves no action117Cf. Chapter 3:11, Notes 166–168, and the parallels indicated there. It seems that R. Yose considers any speech as an action, against the consensus that speech can be considered action only if recognized as such by a verse.?
רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן. רִבִּי מֵאִיר הִיא דְאָמַר. מִמַּשְׁמַע לָאו אַתָּה שׁוֹמֵעַ הֵין. אַל יַכְּכָה אִם תָּבוֹא וּתְעִידֵינִי. הָא אִם לֹא תָבוֹא וּתְעִידֵינִי יַכְּכָה. אֵין לִי אֶלָּא אָלָה שֶׁיֵּשׁ עִמָּהּ שְׁבוּעָה. מְנַיִין שֶׁאֵין עִמָּהּ שְׁבוּעָה כְּשֶׁיֵּשׁ עִמָּהּ שְׁבוּעָה. תַּלְמוּד לוֹמַר וְשָׁמְעָה אָלָה וְשָׁמְעָה קוֹל. לַעֲשׂוֹת שֶׁאֵין עִמָּהּ אָלָה כְּשֶׁיֵּשׁ עִמָּהּ אָלָה. הָא אָלָה בְלֹא שְׁבוּעָה לֹא. רִבִּי יָסָי בְשֵׁם רִבִּי יוֹחָנָן. לֹא שַׁנְיָיא. הִיא אָלָה בְלֹא שְׁבוּעָה הִיא כִּשְׁבוּעָה בְלֹא אָלָה.
Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi Meïr is the one who says that out of a negative one understands a positive118This is the position of the Yerushalmi here and in 7:1 (Note 11), Eruvin 3 (21b l. 24), Qiddušin 3:4 Note 136, Nedarim1:4 Note 158. (The explanation given there that the statement of R. Yasa in the name of R. Joḥanan is a rhetorical question is incorrect; the statement is a straightforward declarative sentence.) The Babli (36a, Nedarim 11a,13b, Soṭah 17a) is totally opposed; it proposes to switch the attributions in the Mishnah between R. Meїr and the Sages.. “May He not punish you if you come and testify for me.” Therefore, if you do not come and testify for me He shall punish you. There is not only an imprecation accompanied by an oath. From where one not accompanied by an oath be like one which is accompanied by an oath? The verse says, and heard an imprecation, and heard a voice119Lev. 5:1., to make one without imprecation like one with an imprecation. Therefore not an imprecation without an oath. Rebbi Yasa in the name of Rebbi Joḥanan: There is no difference; an imprecation without oath is the same as an oath without an imprecation120Babli 36a, Sifra Ḥova (Wayyiqra 2) Parashah 8(2)..
Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi Meïr is the one who says that out of a negative one understands a positive118This is the position of the Yerushalmi here and in 7:1 (Note 11), Eruvin 3 (21b l. 24), Qiddušin 3:4 Note 136, Nedarim1:4 Note 158. (The explanation given there that the statement of R. Yasa in the name of R. Joḥanan is a rhetorical question is incorrect; the statement is a straightforward declarative sentence.) The Babli (36a, Nedarim 11a,13b, Soṭah 17a) is totally opposed; it proposes to switch the attributions in the Mishnah between R. Meїr and the Sages.. “May He not punish you if you come and testify for me.” Therefore, if you do not come and testify for me He shall punish you. There is not only an imprecation accompanied by an oath. From where one not accompanied by an oath be like one which is accompanied by an oath? The verse says, and heard an imprecation, and heard a voice119Lev. 5:1., to make one without imprecation like one with an imprecation. Therefore not an imprecation without an oath. Rebbi Yasa in the name of Rebbi Joḥanan: There is no difference; an imprecation without oath is the same as an oath without an imprecation120Babli 36a, Sifra Ḥova (Wayyiqra 2) Parashah 8(2)..