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8:7:1

משנה: וְאֵילּוּ שֶׁאֵינָן חוֹזְרִין. הַבּוֹנֶה בֵית שַׁעַר אֶכְסֶדְרָה מִרְפֶּסֶת הַנּוֹטֵע אַרְבָּעָה אִילָנֵי מַאֲכָל וְחַמִשָּׁה אִילָנֵי סְרָק הַמַּחֲזִיר אֶת גְּרוּשָׁתוֹ אַלְמָנָה לְכֹהֵן גָּדוֹל גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל בַּת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין לֹא הָיָה חוֹזֵר. רִבִּי יְהוּדָה אוֹמֵר אַף הַבּוֹנֶה בַיִת עַל מְכוֹנוֹ לֹא הָיָה חוֹזֵר. רִבִּי לָעְזָר אוֹמֵר אַף הַבּוֹנֶה בֵית לְבֵינִים בַּשָּׁרוֹן לֹא הָיָה חוֹזֵר.

MISHNAH: The following do not return: If somebody builds a portico134A formal structure at the entrance to a courtyard common to several houses. It has no walls and confers no privacy., a covered walkway135Greek ἐξέδρα, cf. Ma‘serot 3:6, Note 101., or a verandah, or planted four fruit trees or five futile156The definition of a futile tree is in dispute (Mishnah Kilaim 6:6); the majority opinion holds that a tree is futile if and only if its fruits are not edible. trees, or remarried his divorcee. [In the case of] a widow for the High Priest, a divorcee or one having received ḥalîṣah for an ordinary Cohen, a bastard or Gibeonite girl for an Israel, a Jewish girl for a bastard or a Gibeonite193These unions are all forbidden, cf. Yebamot, Mishnah 2:4, Notes 68–73., he would not be returning. Rebbi Jehudah says, also he who rebuilt his house on its foundations194Rebuilding a collapsed house on the remaining foundations is not the same as building a new house. would not be returning. Rebbi Eleazar said, also one who built a brick house195An adobe house, built from unfired clay bricks, which needs thorough repair before each rainy season. in the Sharon would not return.

MISHNAH: The following do not return: If somebody builds a portico134A formal structure at the entrance to a courtyard common to several houses. It has no walls and confers no privacy., a covered walkway135Greek ἐξέδρα, cf. Ma‘serot 3:6, Note 101., or a verandah, or planted four fruit trees or five futile156The definition of a futile tree is in dispute (Mishnah Kilaim 6:6); the majority opinion holds that a tree is futile if and only if its fruits are not edible. trees, or remarried his divorcee. [In the case of] a widow for the High Priest, a divorcee or one having received ḥalîṣah for an ordinary Cohen, a bastard or Gibeonite girl for an Israel, a Jewish girl for a bastard or a Gibeonite193These unions are all forbidden, cf. Yebamot, Mishnah 2:4, Notes 68–73., he would not be returning. Rebbi Jehudah says, also he who rebuilt his house on its foundations194Rebuilding a collapsed house on the remaining foundations is not the same as building a new house. would not be returning. Rebbi Eleazar said, also one who built a brick house195An adobe house, built from unfired clay bricks, which needs thorough repair before each rainy season. in the Sharon would not return.

8:7:2

הלכה: תַּנֵּי. רִבִּי יוּדָה אוֹמֵר. אִם חִידֵּשׁ בָּהּ דָּבָר חוֹזֵר. וְאִם לָאו אֵינוֹ חוֹזֵר. סָדוֹ בַסִיד וּפִתֵּחַ בּוֹ חֲלוֹנוֹת לֹא הָיָה חוֹזֵר. הָיָה גָּדוֹל וְעָשָׂאוֹ קָטָן חוֹזֵר. וְאֶחָד וְעָשָׂאוֹ שְׁנַיִם.

HALAKHAH: It was stated: Rebbi Jehudah said, if he changed anything, he would be returning. If he whitewashed it or added windows197While the original room was not whitewashed or had fewer windows., he would not return, if it had been great and he made it small he returns, or one room and he made it two.

HALAKHAH: It was stated: Rebbi Jehudah said, if he changed anything, he would be returning. If he whitewashed it or added windows197While the original room was not whitewashed or had fewer windows., he would not return, if it had been great and he made it small he returns, or one room and he made it two.

8:7:3

תַּנֵּי רִבִּי אֶלְעָזָר אוֹמֵר. אַף אַנְשֵׁי הַשָּׁרוֹן לֹא הָיוּ חוֹזְרִין. שֶׁהֵן מִתְחַדְּשִׁין פַּעֲמַיִים בַּשָׁבוּעַ. אַף כֹּהֵן גָּדוֹל הָיָה מִתְפַּלֵּל עֲלֵיהֶן בְּיוֹם הַכִּיפּוּרִים שֶׁלֹּא יֵיעָשׂוּ בָּתֵּיהֶן קִבְרֵיהֶן.

It was stated198Tosephta 7:19.: Rebbi Eleazar199In the Babli in all cases: R. Eliezer. This reading also in the Tosephta, except the Erfurt ms. The reading of the Yerushalmi is superior since R. Eliezer would have to precede R. Jehudah, his student’s son. said, also the people from the Sharon did not return since they have to rebuild two times in a Sabbatical period. Also the High Priest was praying for them200In the Holiest of Holies. This prayer is mentioned in all liturgical compositions for the musaf prayer of the Day of Atonement. on the Day of Atonement that their houses should not become their graves.

It was stated198Tosephta 7:19.: Rebbi Eleazar199In the Babli in all cases: R. Eliezer. This reading also in the Tosephta, except the Erfurt ms. The reading of the Yerushalmi is superior since R. Eliezer would have to precede R. Jehudah, his student’s son. said, also the people from the Sharon did not return since they have to rebuild two times in a Sabbatical period. Also the High Priest was praying for them200In the Holiest of Holies. This prayer is mentioned in all liturgical compositions for the musaf prayer of the Day of Atonement. on the Day of Atonement that their houses should not become their graves.

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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