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9:6:1

משנה: זִקְנֵי אוֹתָהּ הָעִיר רוֹחֲצִים יְדֵיהֶם בַּמַּיִם בִּמְקוֹם עֲרִיפָתָהּ שֶׁלָּעֶגְלָה וְאוֹמְרִים יָדֵינוּ לֹא שָׁפְכוּ אֶת הַדָּם הַזֶּה וגו׳. וְכִי עָלָה עַל לִבֵּינוּ שֶׁבֵּית דִּין שׁוֹפְכֵי דָמִים הֵן. אֶלָּא שֶׁלֹּא בָא לְיָדֵינוּ וּפְטַרְנוּהוּ וְלֹא רְאִינוּהוּ וְהִנַּחְנוּהוּ. הַכֹּהֲנִים אוֹמְרִים כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל אֲשֶׁר פָּדִיתָ יי וְלֹא הָיוּ צְרִיכִין לוֹמַר וְנִכַּפֵּר לָהֶם הַדָּם אֶלָּא רוּחַ הַקּוֹדֶשׁ מְבַשְּׂרָתָן אֵימָתַי שֶׁתַּעֲשׂוּ כָּכָה הַדָּם מִתְכַּפֵּר לָכֶם. נִמְצָא הַהוֹרֵג עַד שֶׁלֹּא תֵיעָרֵף הָעֶגְלָה תֵצֵא וְתִרְאֶה בָעֵדֶר. מִשֶּׁנֶּעֶרְפָה הָעֶגְלָה תִּיקָּבֵר בִּמְקוֹמָהּ שֶׁעַל סָפֵק בָּאָה מִתְּחִילָּתָהּ כִּיפְּרָה סְפֵיקָהּ וְהָלְכָה לָהּ. נֶעֶרְפָה הָעֶגְלָה וְאַחַר כָּךְ נִמְצָא הַהוֹרֵג הֲרֵי זֶה יֵיהָרֵג.

MISHNAH: The Elders of that town wash their hands with water at the place where the calf's neck was broken and say137Deut. 21:7. The Yerushalmi version of this Mishnah is rather shorter than the Babli one. The Yerushalmi version is that of Sifry Deut., 210.: "Our hands did not spill this blood," etc. Did we ever think that the court was spilling blood? But, that he did not come to our attention and we sent him away, or that we did not see him and left him138The court can perform the ceremony only if it did not tolerate a breakdown of social services..
The priests say141Deut. 21:8.: “Purge for Your people Israel which You did redeem, o Eternal.” They did not have to say that141Deut. 21:8. “the blood was purged for them,” but the Holy Spirit announces to them that when they follow this procedure the blood will be purged for them. If the killer was found before the calf should have its neck broken, it should leave142It becomes totally profane. and graze in the flock. If after the calf’s neck was broken it should be buried at its place because if came from the start in a doubtful case; it purged its doubt and left. If the killer was found after the calf’s neck was broken, he should be executed143The calf atones for the community, not the murderer..

MISHNAH: The Elders of that town wash their hands with water at the place where the calf's neck was broken and say137Deut. 21:7. The Yerushalmi version of this Mishnah is rather shorter than the Babli one. The Yerushalmi version is that of Sifry Deut., 210.: "Our hands did not spill this blood," etc. Did we ever think that the court was spilling blood? But, that he did not come to our attention and we sent him away, or that we did not see him and left him138The court can perform the ceremony only if it did not tolerate a breakdown of social services..
The priests say141Deut. 21:8.: “Purge for Your people Israel which You did redeem, o Eternal.” They did not have to say that141Deut. 21:8. “the blood was purged for them,” but the Holy Spirit announces to them that when they follow this procedure the blood will be purged for them. If the killer was found before the calf should have its neck broken, it should leave142It becomes totally profane. and graze in the flock. If after the calf’s neck was broken it should be buried at its place because if came from the start in a doubtful case; it purged its doubt and left. If the killer was found after the calf’s neck was broken, he should be executed143The calf atones for the community, not the murderer..

9:6:2

הלכה: רַבָּנִין דְּהָכָא פָּתְרִין קִרְיָיה בָּהוֹרֵג. וְרַבָּנִין דְּתַמָּן פָּתְרִין קִרְיָיה בַּנֶּהֱרַג. רַבָּנִין דְּהָכָא פָּתְרִין קִרְיָיא בָּהוֹרֵג. שֶׁלֹּא בָא עַל יָדֵינוּ וּפֻטַרְנוּהוּ. וְלֹא הָרַגְנוּהוּ. וְלֹא רְאִינוּהוּ וְהִנַּחְנוּהוּ. וְעִימְעַמְנוּ עַל דִּינוֹ. וְרַבָּנִין דְּתַמָּן פָּתְרִין קִרְיָיא בַּנֶּהֱרַג. לֹא בָא עַל יָדֵינוּ וּפְטַרְנוּהוּ. בְּלֹא הַלְוָיָיה. וְלֹא רְאִינוּהוּ וְהִנַּחְנוּהוּ. בְּלֹא פַרְנָסָה.

HALAKHAH: The rabbis here explain the verse139In all occurrences, the Genizah ms. reads "the Mishnah", which is the more accurate text. about the murderer, the rabbis there explain the verse about the murder victim. The rabbis here explain the verse about the murderer, "he did not come to our attention and we sent him away," and did not execute him; "or that we did not see him and left him," and muddled his trial. But the rabbis there140Babli 46b; an extended version by R. Joshua ben Levi, insisting that unsolved murder cases exist only if social services arc insufficient, Babli 38b. explain the verse about the murder victim, "he did not come to our attention and we sent him away," without company; "or that we did not see him and left him," without provisions.

HALAKHAH: The rabbis here explain the verse139In all occurrences, the Genizah ms. reads "the Mishnah", which is the more accurate text. about the murderer, the rabbis there explain the verse about the murder victim. The rabbis here explain the verse about the murderer, "he did not come to our attention and we sent him away," and did not execute him; "or that we did not see him and left him," and muddled his trial. But the rabbis there140Babli 46b; an extended version by R. Joshua ben Levi, insisting that unsolved murder cases exist only if social services arc insufficient, Babli 38b. explain the verse about the murder victim, "he did not come to our attention and we sent him away," without company; "or that we did not see him and left him," without provisions.

9:6:3

וְהַזְּקֵנִים רוֹחֲצִין אֶת יְדֵיהֶן בַּמַּיִם עַל מְקוֹם עֲרִיפָתָהּ שֶׁלָּעֶגְלָה. וְאוֹמְרִים יָדֵינוּ לֹא שָׁפְכוּ אֶת הַדָּם הַזֶּה וגו׳. וְהַכֹּהֲנִים אוֹמְרִים כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל. וְרוּחַ הַקּוֹדֶשׁ אוֹמֶרֶת וְנִכַּפֵּר לָהֶם הַדָּם. שְׁלֹשָׁה מִקְרִיּוֹת נֶאֶמְרוּ בְעִנְיָין אֶחָד. מַה שֶׁאָמַר זֶה לֹא אָמַר זֶה וּמַה שֶׁאָמַר זֶה לֹא אָמַר זֶה. כְּיוֹצֵא בַדָּבָר אַתָּה אוֹמֵר. וַתֹּאמֶר הַכֵּר נָא לְמִי הַחוֹתֶמֶת וְהַפְּתִילִים וְהַמַּטֶּה הָאֵלֶּה. עַד כָּאן אָמְרָה תָמָר. וַיַּכֵּר יְהוּדָה וַיֹּאמֶר צָדְקָה מִמֶּנִּי כִּי עַל כֵּן לֹא נְתַתִּיהָ לְשֵׁלָה בְּנִי. עַד כָּאן אָמַר יְהוּדָה. וְרוּחַ הַקּוֹדֶשׁ אָמְרָה. וְלֹא יָסַף עוֹד לְדַעְתָּהּ. שְׁלֹשָׁה מִקְרִיּוֹת נֶאֶמְרוּ בְעִנְיָין אֶחָד. מַה שֶׁאָמַר זֶה לֹא אָמַר זֶה [וּמַה שֶׁאָמַר זֶה לֹא אָמַר זֶה]. כְּיוֹצֵא בַדָּבָר אַתָּה אוֹמֵר. וַיְסַפְּרוּ לוֹ וַיֹּאמְרוּ בָּאנוּ אֶל הָאָרֶץ אֲשֶׁר שְׁלַחְתָּנוּ וְגַם זָבַת חָלָב וּדְבַשׁ הִיא וְזֶה פִּירְיָיהּ. עַד כָּאן אָמַר יְהוֹשֻׁעַ. אֶפֶס כִּי עַז הָעָם הַיּוֹשֵׁב בָּאָרֶץ וְהֶעָרִים בְּצוּרוֹת גְּדוֹלוֹת מְאֹד וְגַם יְלִידֵי הָעֲנַק רָאִינוּ שָׁם. עַד כָּאן אָמְרוּ הַמְרַגְּלִים. וַיַּהַס כָּלֵב אֶת הָעָם אֶל מֹשֶׁה וַיֹּאמֶר עָלֹה נַעֲלֶה וְיָרַשְׁנוּ אוֹתָהּ כִּי יָכוֹל נוּכַל לָהּ. עַד כָּאן אָמַר כָּלֵב. שָׁלֹשׁ מִקְרִיּוֹת נֶאֶמְרוּ בְעִנְיָין אֶחָד. מַה שֶׁאָמַר זֶה לֹא אָמַר זֶה וּמַה שֶׁאָמַר זֶה לֹא אָמַר זֶה. כְּיוֹצֵא בַדָּבָר אַתָּה אוֹמֵר. בְּעַד הַחֲלוֹן נִשְׁקְפָה וַתְּיַבֵּב אֵם סִיסְרָא וגו׳. עַד כָּאן אָמְרָה אִמּוֹ שֶׁלְּסִיסְרָא. חַכְמוֹת שָׂרוֹתֶיהָ תַּעֲנֶינָה. הֲלֹא יִמְצְאוּ יְחַלְּקוּ שָׁלָל. [עַד כָּאן] אָמְרוּ כַלּוֹתֵיהָ. וְרוּחַ הַקּוֹדֶשׁ אוֹמֶרֶת. כֵּן יוֹבְדוּ כָּל אוֹיְבֵי יי.

The Elders wash their hands with water at the place where the calf’s neck was broken and say138The court can perform the ceremony only if it did not tolerate a breakdown of social services.: “Our hands did not spill this blood,” etc. The priests say141Deut. 21:8.: “Purge for Your people Israel.” The Holy Spirit says, “the blood was purged for them.” Three verses were said on one topic, what this one said the other did not say, and vice-versa. Similarly, you say144Gen. 38:25–26. A different version in the Babli, Makkot 23b.: “She said, please recognize this seal, strings, and staff,” so far Tamar spoke. “Jehudah recognized and said, she is more just than I am because I did not give her to my son Shelah,” so far Jehudah spoke. The Holy Spirit said, “he never knew her again.145On could also translate: He never stopped knowing her.” Three verses were said on one topic, what this one said the other did not say, and vice-versa. Similarly, you say146Num. 13:27–30. The interpretation saves Joshua’s reputation, who is silent in the biblical narrative.: “They told him and said, we came to the land you sent us to; it really is flowing of milk and honey and that is its fruit;” so far Joshua spoke. “But the people are strong who dwell in the land, the cities are very highly fortified, and also the young giants we saw there;” so far said the spies. “Caleb silenced the people to Moses and said, we certainly can mount and inherit it, for certainly we can do it;” so far Caleb spoke. Three verses were said on one topic, what this one said the other did not say, and vice-versa. Similarly, you say147Jud. 5:28–31.: “Sisera’s mother looked out and whimpered, etc.;” so far Sisera’s mother spoke. “Her wise princesses answered her, …, will they not find and distribute booty;” so far said her daughters-in-law. And the Holy Spirit says, “so all enemies of the Eternal will be lost.”

The Elders wash their hands with water at the place where the calf’s neck was broken and say138The court can perform the ceremony only if it did not tolerate a breakdown of social services.: “Our hands did not spill this blood,” etc. The priests say141Deut. 21:8.: “Purge for Your people Israel.” The Holy Spirit says, “the blood was purged for them.” Three verses were said on one topic, what this one said the other did not say, and vice-versa. Similarly, you say144Gen. 38:25–26. A different version in the Babli, Makkot 23b.: “She said, please recognize this seal, strings, and staff,” so far Tamar spoke. “Jehudah recognized and said, she is more just than I am because I did not give her to my son Shelah,” so far Jehudah spoke. The Holy Spirit said, “he never knew her again.145On could also translate: He never stopped knowing her.” Three verses were said on one topic, what this one said the other did not say, and vice-versa. Similarly, you say146Num. 13:27–30. The interpretation saves Joshua’s reputation, who is silent in the biblical narrative.: “They told him and said, we came to the land you sent us to; it really is flowing of milk and honey and that is its fruit;” so far Joshua spoke. “But the people are strong who dwell in the land, the cities are very highly fortified, and also the young giants we saw there;” so far said the spies. “Caleb silenced the people to Moses and said, we certainly can mount and inherit it, for certainly we can do it;” so far Caleb spoke. Three verses were said on one topic, what this one said the other did not say, and vice-versa. Similarly, you say147Jud. 5:28–31.: “Sisera’s mother looked out and whimpered, etc.;” so far Sisera’s mother spoke. “Her wise princesses answered her, …, will they not find and distribute booty;” so far said her daughters-in-law. And the Holy Spirit says, “so all enemies of the Eternal will be lost.”

9:6:4

אָמַר רִבִּי פִּינחָס. כְּדַיי הִיא שֶׁתְּכַפֵּר עַד יְצִיאַת מִצְרַיִם.

Rebbi Phineas said, it is worthy to provide purification all the time back to the Exodus148In Sifry Deut. 210, this is an anonymous tannaitic statement. A comment which there entered the text from the margin explains: “This (the response of the Holy Spirit to the priest’s prayer) teaches that the homicide sins against the Jewish people in all generations going back to those who left Egypt.”.

Rebbi Phineas said, it is worthy to provide purification all the time back to the Exodus148In Sifry Deut. 210, this is an anonymous tannaitic statement. A comment which there entered the text from the margin explains: “This (the response of the Holy Spirit to the priest’s prayer) teaches that the homicide sins against the Jewish people in all generations going back to those who left Egypt.”.

9:6:5

אָמַר רִבִּי יַנַּאי. דִּבְרֵי רִבִּי מֵאִיר. אֲפִילוּ עָרְפָה חַיָיב. רִבִּי יַעֲקֹב בַּר אָחָא רִבִּי אִמִּי בְשֵׁם רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ. דִּבְרֵי רִבִּי מֵאִיר. אֲפִילוּ עָרְפָה [חַיָיב. דִּבְרֵי רִבִּי שִׁמְעוֹן. אֲפִילוּ שְׁחָטָהּ] פָּטוּר. אָמַר רִבִּי יַנַּאי. שָׁמַעְתִּי לָהּ גְּבוּל מֵאֵימָתַי הִיא נֶאֱסֶרֶת. וְהוֹרִידוּ. מִשְׁעַת הוֹרָדָה. אָמַר רִבִּי אִילָא. לְפוֹטְרָהּ מִשּׁוּם אוֹתוֹ וְאֶת בְּנוֹ כְּרִבִּי שִׁמְעוֹן.

Rebbi Yannai said, the words of Rebbi Meïr: Even if one broke its neck he is guilty150If a calf has its neck broken the same day its mother was slaughtered for food, cf. Note 120.. Rebbi Jacob bar Aḥa, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: The words of Rebbi Meïr: Even if one broke its neck he is guilty. The words of Rebbi Simeon: Even if he cut its throat, he is not punishable151R. Simeon holds that any use of the verb שחט in the Pentateuch refers to slaughter either for the altar or human consumption (Ḥulin 82a). Since the verse which forbids slaughtering mother and young on the same day uses the word תשחטו, it follows that for him only the provision of food either for the altar or humans is forbidden; nothing done with an atoning calf falls under that law.. Rebbi Yannai said, I heard about a boundary, from when it is forbidden: “They shall bring it down,” from the time of bringing down152In the Babli, Ḥulin 82a, R. Yannai stated only that he heard that there is a well defined moment in which the calf becomes sanctified and loses its quality as potential food; the members of his Academy determined that moment to be when the calf enters the unworkable area of the valley.. Rebbi Ila said, to free it from “it and its young” following Rebbi Simeon153This qualifies the statement of R. Simeon ben Laqish in the name of R. Simeon (ben Ioḥai). If the mother was slaughtered while her calf was still potential profane food, the calf cannot be slaughtered on the same day. If the mother was slaughtered after the calf had lost its status as potential food, even if the calf was wrongly slaughtered by cutting its throat instead of breaking its neck, the prohibition was not infringed upon. The Babli does not follow this argument..

Rebbi Yannai said, the words of Rebbi Meïr: Even if one broke its neck he is guilty150If a calf has its neck broken the same day its mother was slaughtered for food, cf. Note 120.. Rebbi Jacob bar Aḥa, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: The words of Rebbi Meïr: Even if one broke its neck he is guilty. The words of Rebbi Simeon: Even if he cut its throat, he is not punishable151R. Simeon holds that any use of the verb שחט in the Pentateuch refers to slaughter either for the altar or human consumption (Ḥulin 82a). Since the verse which forbids slaughtering mother and young on the same day uses the word תשחטו, it follows that for him only the provision of food either for the altar or humans is forbidden; nothing done with an atoning calf falls under that law.. Rebbi Yannai said, I heard about a boundary, from when it is forbidden: “They shall bring it down,” from the time of bringing down152In the Babli, Ḥulin 82a, R. Yannai stated only that he heard that there is a well defined moment in which the calf becomes sanctified and loses its quality as potential food; the members of his Academy determined that moment to be when the calf enters the unworkable area of the valley.. Rebbi Ila said, to free it from “it and its young” following Rebbi Simeon153This qualifies the statement of R. Simeon ben Laqish in the name of R. Simeon (ben Ioḥai). If the mother was slaughtered while her calf was still potential profane food, the calf cannot be slaughtered on the same day. If the mother was slaughtered after the calf had lost its status as potential food, even if the calf was wrongly slaughtered by cutting its throat instead of breaking its neck, the prohibition was not infringed upon. The Babli does not follow this argument..

9:6:6

אָמַר רִבִּי שְׁמוּאֵל בַּר רַב יִצְחָק. עַד שֶׁהִיא בַחַיִּים הִיא קְדוֹשָׁה. מַתְנִיתָא אָמְרָה כֵן. תֵּצֵא וְתִרְעֶה בָעֵדֶר. מַהוּ תֵצֵא. תֵּצֵא מִקְּדוּשָּׁתָהּ.

Rebbi Samuel bar Rav Isaac said, it is holy while still alive. The Mishnah said so: “it should leave and graze in the flock.” What shall it leave? It shall leave its holiness.

Rebbi Samuel bar Rav Isaac said, it is holy while still alive. The Mishnah said so: “it should leave and graze in the flock.” What shall it leave? It shall leave its holiness.

9:6:7

אָמַר רִבִּי מַתַּנְיָא. וְיֵאוּת. מַה כְתִיב וְנִכַּפֵּר לָהֶם הַדָּם וְשָׁתָק. אֶלָּא אֲפִילוּ כֵן וְאַתָּה תְבָעֵר הַדָּם הַנָּקִי מִקִּרְבֶּךָ.

Rebbi Mattania said, this is correct154This refers to the statement that if the calf was killed before the murderer was found, the murderer still can be executed.. What is written? “The blood shall be purged for them155The community, not the murderer.;” then it is silent. Nevertheless, “but you shall eliminate innocent blood from your midst”156Deut. 21:9. Babylonian sources (Soṭah 47b, Ketubot 37b, Tosephta Keritut 4:3) quote an unrelated verse, Num. 35:33..

Rebbi Mattania said, this is correct154This refers to the statement that if the calf was killed before the murderer was found, the murderer still can be executed.. What is written? “The blood shall be purged for them155The community, not the murderer.;” then it is silent. Nevertheless, “but you shall eliminate innocent blood from your midst”156Deut. 21:9. Babylonian sources (Soṭah 47b, Ketubot 37b, Tosephta Keritut 4:3) quote an unrelated verse, Num. 35:33..

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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