Yerushalmi Terumot 8:3 ירושלמי תרומות ח׳:ג׳

MISHNAH: Heave wine that was left uncovered⁷⁶Left uncovered while nobody was in the room. It was assumed that snake poison in the drink was poisonous to humans. While it is sinful to destroy food, it is worse not to destroy food that is potentially poisonous. should be poured out, certainly if it was profane. Three kinds of fluids are forbidden when they were uncovered, water, wine, and milk. All other fluids are permitted. How long should they be left unattended to become forbidden? So that the crawling creature⁷⁷The reference is mostly to snakes, but included are any poisonous creatures which might put some poison into the fluid. For health reasons, none of the potentially dangerous fluids may be used for any purpose. might come from a nearby place and drink.
The measure of uncovered water, until the bitterness be lost in them¹⁵⁶Water left uncovered is forbidden unless it is diluted so much that the poison will become inactive.. Rebbi Yose said, in vessels any amount¹⁵⁷Water left uncovered in a vessel is forbidden in any amount. and on the ground 40 seah¹⁵⁸Cf. Berakhot Chapter 3, Note 164..
Pecked-at figs, grapes, green melons, water melons, gourds, and sweet melons, even large as a pitcher, large or small, separated from or connected to the ground which contain moisture are forbidden¹⁶⁹If these fruits show signs that they have been pecked at by an animal, we are afraid that it might have been a poisonous animal and the poison diffused through the entire fruit through its moisture. If it was pecked at while completely dry, one could cut out the affected area and eat the remainder.
For the determination of the plants’ identity, see Kilaim Chapter 1.. What was bitten by a snake is forbidden because of mortal danger¹⁷⁰A kosher animal bitten by a snake may not be slaughtered or its meat eaten since it may contain snake poison..The wine filter is forbidden when left unattended but Rebbi Neḥemiah permits it¹⁷¹If a wine filter (used to filter out the dregs, cf. Note 126 ff.) was left unattended and afterwards used to filter wine, that wine becomes forbidden (unless new filter material was used) because of poison from the filter. R. Neḥemiah holds that the poison is retained by the filter..

HALAKHAH: Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: Wine left uncovered must be poured out, even if it is heave. A dish cooked with water that was left uncovered must be thrown out, even if it is heave and certainly if it is profane. Rebbi Yose said, our Mishnah says so: “Heave wine that was left uncovered should be poured out, and certainly profane wine.” The colleagues in the name of Rebbi Joḥanan: It is forbidden to keep wine that was left uncovered; if it was kept and it turned into vinegar by itself it is forbidden⁷⁸Poison in sour wine will not prevent it from turning into vinegar.. It is forbidden to keep figs and grapes that were pecked at; if they were kept and dried up by themselves they are permitted⁷⁹Poison in figs or grapes will make them rot. If they dry out (without being heated artificially), it is a sign that no poison is present (Tosephta 7:16)..

[It happened that] the daughter of the elder Rebbi Ḥiyya punched holes into figs so that the fellows should not eat them but (his) [her] father Rebbi Ḥiyya ate from them. Is that not forbidden? He knew of the matter. Is it not forbidden anyhow, have we not stated⁸¹Tosephta 7:17, Babli Avodah Zarah 9a/b. The Babli states that the rules for health hazards must be much stricter than those for religious obligations; cf. Halakhah 7.: “If somebody saw a bird pecking at a fig or a rat nibbling at a watermelon, it is forbidden for I say, they ate from the place of a pecking hole.” She had been watching.

⁸⁴This and the following paragraphs also are in Avodah Zarah 2:3 (fol. 41a). Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: The hot, the bitter, and the sweet are not under the rules for being uncovered. Rebbi Simon in the name of Rebbi Joshua ben Levi: The hot, the bitter, and the sweet are not under the rules for being uncovered or under those of libation wine⁸⁵If left standing uncovered and unsupervised, they still may be consumed. If left in the hands of a Gentile, they do not become prohibited; the Gentile will not use them for libations.. Rebbi Simeon explains: The hot, spice wine. And the bitter, vermouth wine. And the sweet, cooked wine⁸⁶In the Babli, there are two explanations. 1. Hot, hot tilia (linden tree) wine. Bitter, wine from blighted grapes. Sweet, sweetened wine. 2. Hot, pepper wine. Bitter, vermouth wine. Sweet, sweetened wine (according to Arukh,carenum; cf. Note 94). Rebbi Joshua ben Zeidal⁸⁷A third generation Amora whose name appears only here and in the parallel in Avodah Zarah. In the Babli (Avodah Zarah 30a), he appears as R. Ismael ben Zeirod. In the Rome ms., his name is R. Joshua ben Gidul. had cooked wine which was left unsupervised in the possession of a Gentile. He asked Rebbi Yannai ben Rebbi Ismael who said to him, so says Rebbi Simeon ben Laqish: The sweet is not under the rules for being uncovered or under those of libation wine. Rebbi Yannai ben Rebbi Ismael fell ill. Rebbi Zeïra, Rebbi Hoshaiah, Rebbi Abun bar Cahana, and Rebbi Ḥananiah the colleague of the rabbis went to visit him. They saw that Rebbi Joshua ben Zeidal was sitting [there]. They said, there is the master of the decision and the person of the happening; they went and asked him. Rebbi Yannai ben Rebbi Ismael said to them, so says Rebbi Simeon ben Laqish, the sweet is not under the rules for being uncovered or under those of libation wine. Rebbi Zeïra said to him, maybe that statement of Rebbi Simeon ben Laqish is for argument’s sake? He told him no, it is for action and you can rely on me⁸⁸A similar statement is in Babli Avodah Zarah 30a.. When they came back, there was Rebbi Hila standing with Rebbi Abun bar Cahana. He told him, if you did not prefer decisions, is it not a baraita? Since Rebbi Ḥiyya stated⁸⁹A similar statement is in Babli Avodah Zarah 29b. In Tosephta Avodah Zarah 4:12, the text reads: “[Gentile] cooked wine and olentia are forbidden because they originally were wine.”: “Why is cooked wine of Gentiles forbidden? Because it started out as wine. Why is vinegar of Gentiles forbidden? Because it started out as wine.” Rebbi Yose said, the Mishnah says so: “wine⁹⁰“Wine which originally was wine” is cooked wine which is thickened and lost its alcohol in cooking. and vinegar of Gentiles which originally was wine.”

Rebbi Immi had guests. He said to them, if my cooked wine had not been left uncovered, I would have served you some. Rebbi Vivian told him, bring it and I shall drink. He said, he who wants to die should go and die in his own house.

The spiced wine of Bar Yudani was left uncovered. He went and asked the rabbis who told him, it is forbidden. But did not Rebbi Isaac bar Naḥman say in the name of Rebbi Joshua ben Levi: The hot, the bitter, and the sweet are not under the rules for being uncovered! The rabbis of Caesarea in the name of Rebbi Ḥiyya bar Titus⁹²He is mentioned only here and in the parallel in Avodah Zarah.: One which consists of one third ground spices⁹³Spice wine is immune to exposure only if the spices make up one third of the volume..

They asked before Rebbi Abbahu: What [is the status of] cooked wine that was left uncovered? He said to them, Rebbi Joḥanan had a problem with carenum⁹⁴Wine that lost one third of its volume by cooking, Greek κάροινον. {The word may originally be Accadic, karānu “wine”, kurūnu “date liquor.”} It follows that “cooked wine” did not yet come to the state of carenum. R. Joḥanan could not decide whether the rules of uncovered fluid apply to carenum or not. Therefore, wine which lost less than one third of its volume in cooking certainly is forbidden., and you are asking me? Is that not [applicable to] cooked wine? He went to ask Rebbi Isaac who told him, it is forbidden. Rebbi Abbahu [then] remembered that Rebbi Joḥanan had said, it is forbidden.

Rebbi Jacob bar Aḥa, Rebbi Ammi, Rebbi Eleazar: If he was entering and leaving it is permitted⁹⁵This is the general rule for the prohibition of wine touched by a Gentile who might have used the wine for a pagan libation. The Gentile would not use wine that was not his if he had to expect the Jewish owner or one of his Jewish employees at any moment. That rule is extended here to wine left uncovered; one does not expect a snake to venture out of its hole if there is continuous traffic in the room.. The barrel of Bar Neṭoza became uncovered. He went and asked Rebbi Abba bar Mamai, who told him, it is permitted. Rebbi Jacob bar Aḥa, Rebbi Ammi, Rebbi Eleazar: If he was sleeping it is permitted. Rebbi Ḥanina and Rebbi Joshua ben Levi, one said, if he was sleeping it is permitted; the other said, it is forbidden. We do not know who said what. It is reasonable [to infer that] Rebbi Ḥanina said, if he was sleeping it is permitted, since Rebbi Eleazar everywhere relies on Rebbi Ḥanina.

Rebbi Yose ben Shaul understands it from this occurrence: A woman loved very much doing good deeds⁹⁶“Good deeds” without specific identification are deeds of charity.. One time, a poor man came to her and she served him food. While he was eating, she noticed that her husband was coming. She put him [the poor] on the upper floor⁹⁷Not to be seen alone with another man. In a parallel story in Babli Nedarim 91b it was not a poor man but the woman’s lover.. She put food before her husband who ate, took a nap, and slept. A snake came and ate from what was before him; he [the poor] saw it. When he awoke and got up he wanted to continue eating what was before him. The one on the upper floor started to talk to him. That means, if he was sleeping, it is permitted⁹⁸Since without the warning, the husband would have eaten the contaminated food.. It was familiar with it⁹⁹The snake was used to the dwellers in the house, otherwise it would not have ventured near a sleeping person. Therefore, food near a sleeping person is permitted except for houses with a house snake. (The text in the Rome ms., the Leyden text Avodah Zarah, and the quote in Arukh read כריך “used to” instead of בריר.). Is she not forbidden for being alone [with another man?]¹⁰⁰Since a married Jewish woman is not supposed to be alone in a house with another man, could the husband not divorce her for suspicion of adultery without paying her the ketubah sum? The rules for this are detailed in the last chapter of Qiddušin. Since he is not suspected in one thing, he is not suspected in the other, (Ez. 23:37) “For they committed adultery, blood is on their hands.”¹⁰¹An adulterer would gladly have let the husband die. Since the person upstairs did not let the husband die, he was not an adulterer and the wife is cleared. The Babli concurs (Note 97).

It happened that a butcher in Sepphoris sold to Jews carcasses and torn meats. Once he drank wine Friday night, went to the roof¹⁰²In the dark. In Avodah Zarah: He got drunk on Yom Kippur Eve., fell down, and died. The dogs were licking his blood. People came and asked Rebbi Ḥanina, should we lift him from before them¹⁰³Presumably he was lying in the street where the removal of a corpse on the Sabbath needs detailed rabbinic instruction on how to proceed without a violation of the Sabbath laws. Inside the courtyard it would not have been necessary to ask.? He said to them, it is written (Ex. 22:30): “Torn meat on the fields you shall not eat, you must throw it to the dogs!” This one robbed the dogs and fed it to Jews. He said to them, let them, they are eating from their own!

A pious person happened to be insistent¹⁰⁴This word is not the usual “to make fun of”, but a direct derivative of Arabic لجّ “to be insistent”, also لجلج “to repeat words in speaking”; cf. H. L. Fleischer’s notes to Levy’s Dictionary, s. v. לגלג. in [the matter of] uncovered wine. Once he was smitten with a fever. They saw him sitting and giving a sermon on the Day of Atonement with a flask of water in his hand¹⁰⁵For a medical necessity, he could take sips of less than a mouthful of water to combat his fever on the Day of Atonement. He would not let the flask out of his hands for fear it could stand unsupervised..

A person’s amphora of wine became uncovered. He went on the eve of the Great Fast to pour it out. Another person saw him and said, give it to me to drink. He said to him, but was it not left uncovered? He said to him, give it to me, the Master of the Fast will support [me]. He did not finish drinking when he started shaking.

Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: All poisons cause scab but the poison of a snake kills. ¹⁰⁶A sentence is missing here which is preserved in Avodah Zarah: ר׳ חייה אמר אין נשאלין על הגילוין “Rebbi Ḥiyya said, one is not asked about uncovered [fluids].” From the next sentence, one must assume that R. Jeremiah transmitted the statement in the name of R. Ḥiyya bar Abba.
The meaning of the statement is that in case of possible danger to life, as expressed in the preceding sentence, no logical or rabbinic arguments are admitted and everybody is supposed to exercise the utmost care which means that in matters of doubt, the fluids cannot be used. Therefore, no questions about this can be asked from any rabbi. Rebbi Jeremiah asked Rebbi Zeïra. As the master of the ruling, could he have asked?

Rebbi Zeïra was dozing; he was sitting and eating (and was sleeping) [in the evening]. He put his hand on a toman¹⁰⁸A vessel containing one eighth of a kab of wine. Since it got dark, he held that being in the room with the vessel was not sufficient. and said, kindle a light. They lit a light and found a snakelet like a hair curled around it. He said to it: Evil one, was I not careful about you?

Rebbi Ammi said, one has to be careful with what the creatures¹¹⁰People. are careful. It is forbidden to put a coin into the mouth, or a dish under the bed, a bread in the arm pit, a knife in the middle of a radish, a knife into an etrog. Rebbi Yose ben Rebbi Abun said, all sweat that comes from a human is poison except the sweat of the face.

When they asked Rebbi Jonathan, he said: Am I the guarantor of your life¹¹¹These sayings also point out how stupid it is to consult rabbinic authorities in health matters when the alternatives are a very minor monetary loss against loss of one’s life.? Rebbi Yannai said, if you bit something off, you bit off soot. If you lose, you lose a pearl. Rebbi Simeon ben Laqish said, if you would sell yourself for the games¹¹²Latin ludi. He would sell himself as a gladiator (as R. Simeon ben Laqish had done according to Babylonian tradition, Babli Giṭṭin 47a)., you would sell yourself at a high price; but here at a very cheap price.

It was stated¹¹³A shorter version is in Tosephta 7:14 and Babli Avodah Zarah 30b, Baba Qama 115b. From here on, the text is missing in Yerushalmi Avodah Zarah.: “With water that was left uncovered one should not scrub his house; one should not pour it into the public domain¹¹⁴The person who creates a danger in the public domain becomes liable for all consequences (Ex. 21:33)., or give it to drink to a Gentile¹¹⁵Even though Gentiles do not worry about water left uncovered and the Gentile would drink it on his own, the Jew may not give him anything he knows is dangerous., neither should one use it to water another person’s animals but one may use it to water his own animals¹¹⁶Since the animal will not die from the poison but it will be weakened. The Babli also forbids watering his own animal.. With water that was left uncovered one should not knead clay, or wash clothes, or soak pots, glasses, and food baskets¹¹⁷Cf. Peak Chapter 8, Note 83., and certainly not wash his face, hands, and feet. Others say, they forbade only the place of a scratch. His face is always like a scratch. The tips of his fingers and toes are always like a scratch. With water that was left uncovered one should not knead dough. Rebbi Neḥemiah said, baking is permitted because snake poison is destroyed by fire.” Rebbi Simon in the name of Rebbi Joshua ben Levi: That is, if it does not collapse¹¹⁸If the dough collapses in baking or the bread when cooling., but if it collapsed it is forbidden.

Everybody agrees that water which was heated is forbidden. What is the difference between bread and water? Here the fire rules¹¹⁹The nature of bread dough is changed by heating., there the fire does not rule. There, a vessel separates, here no vessel separates¹²⁰Bread hangs in the tannur directly over the fire.. Samuel said, what can this evil one do to me? I only drink hot [water]. His word says, cold water that was heated is permitted. Rebbi Ḥanina said, this evil one has a delicate taste; he will not drink hot water that cooled. His word says, hot water that cooled is permitted. Rebbi Abbahu in the name of Rebbi Joḥanan: Both are forbidden. A baraita supports Rebbi Joḥanan: ¹²¹Tosephta 7:13, in different formulation and order.“Hot water is permitted¹²²Even if left uncovered and unsupervised. as long as it is steaming. But water left uncovered is forbidden even after it was heated. Pickling, preserving¹²³Preserving by cooking in water a very long time., and lupine¹²⁴Lupines become edible only after cooking. water is permitted. Water in which he soaked[food for] pickling or preserving, or lupines, is forbidden. If he soaked wild grapes¹²⁵Following R. Saul Lieberman, reading ענבים אוּבשים, fruits of the wild vine used in medicine (cf. Plinius, Hist. nat. Bk. 23, Chap. 14). The water will absorb the taste of these grapes; nevertheless, it remains forbidden if left uncovered. for a sick person, it is forbidden.”

“¹²⁶A parallel is in Babli Bava Qama 115b. There (and in the Rome ms.) the opinion ascribed to R. Jehudah here is reported to be R. Neḥemiah’s. The wine filter, Rebbi Neḥemiah says, if it is blocked on top even though it is open below. Rebbi Jehudah says, if it was covered below even if the top is uncovered it is permitted since snake poison is like netting¹²⁷In the Babli, “like a sponge”. We do not know what was the filtering material used to remove the dregs from the wine. and remains on top.” Rebbi Eliezer¹²⁸In the Babli, R. Simon in the name of R. Simeon ben Laqish. says, if he did not stir it. But if he did stir, it is forbidden.

A flask in its casing is permitted¹²⁹In the Tosephta (7:16): “Forbidden.” For the Yerushalmi, the casing (θήκη) keeps the snake out; the Tosephta worries that a miniature snake was in the casing but not noticed.; covered but not stoppered it is forbidden. Stoppered but not covered, if the stopper appeared on the outside it is permitted. Two Amoraïm, one said if it can be taken up by its stopper¹³⁰The cork or other material is so tightly pushed in that the flask may be lifted by it., and the other said, so that the head of the weaver’s shuttle could not enter¹³¹Between the cork and the wall of the vessel.. Rebbi Abba said, he who wants to do it right, stoppers and covers it.

A forgotten flask deposited in a litter, a chest, or a chassis¹³²All three are of wood and used for transportation. that later was found is forbidden. If he checked and afterwards put it in it is permitted. A case came before Rebbi, where it¹³³The snake was seen lifting the cover, drinking, and replacing the cover. This is considered aberrant behavior by the snake. was seen uncovering and covering. He said, because of that evil one should we invalidate all covers? Rebbi Mana said, it is reasonable that in that case itself¹³⁴If the snake was seen drinking. was forbidden.

¹³⁵This and the following paragraph are also in Šabbat 1:4, fol. 3a, and, in slightly less complete form, Avodah Zarah 2:9, fol. 41d; the discussion in the Babli is Avodah Zarah 35b–36a. Rebbi Jeremiah said, why is Gentile’s milk forbidden¹³⁶“Milk milked by a Gentile without a Jew seeing him” is forbidden for consumption but not for use; Mishnah Avodah Zarah 2:9.? Because of admixture from impure animals. As we have stated: “If the Gentile stands and milks the herd, if a Jew stands nearby there is no worry.” Rav Abba in the name of Rav Jehudah: Why is Gentiles’ milk forbidden? Because of the uncovering¹³⁷Since Gentiles do not care about uncovered milk and snake poison.. Let him make cheese? Rebbi Samuel ben Rav Isaac said, because of the poison between the holes¹³⁸In the Babli, uncovered milk is not discussed. There, it is held that impure milk (horse or donkey milk) cannot be made into cheese but a mixture may produce cheese with the impure milk remaining in the holes of the cured cheeses..

There are three kinds of poison. Poison which sinks down, poison which floats on top, and poison remaining on the surface like a net¹⁴⁰In the Babli, Avodah Zarah 30b, it is stated that the poison of young snakes sinks down (is heavier than water), that of middle-aged snakes is suspended, and that of old snakes stays on top (is lighter than water). There is no indication that the Yerushalmi subscribes to this theory. The “poison remaining like a net” seems to be colloidal.. In the days of Rebbi Jeremiah, the barrels of the great assembly¹⁴¹The yearly or half-yearly assembly of all rabbinic scholars. were uncovered. The first ones drank and did not die but the last ones died. I say that was sinking poison. Workers were on the field when the water pitcher was uncovered. The first ones drank from it and did not die but the last ones died. I say that was sinking poison. We have stated so¹⁴²Tosephta 7:17, Babli Avodah Zarah 30b, in different formulation.: An uncovered amphora or a water melon with pecking marks, even if the first ones ate or drank [from it], the later ones should not eat or drink; I say that there is sinking poison. Uncovered wine from which ten persons drank is forbidden for others to (eat or) drink after them; I say that there is sinking poison.

“Five fluids are not endangered by being uncovered: Fish oil, muries¹⁴³Cf. Demay, Chapter 1, Note 156., vinegar, olive oil, and honey. Rebbi Simeon forbids honey¹⁴⁴Tosephta 7:12, Babli Ḥulin 49b. In both sources, R. Simeon forbids all five fluids.. The Sages agree with Rebbi Simeon if it was seen pecking¹⁴⁵They will agree that snakes sometimes act in a perverted way but do not agree that this is enough for a general prohibition (loc.cit. 144)..” Rebbi Ḥinena bar Pappos had an uncovered flask of honey in his hand. Before he could ask, it broke apart¹⁴⁶The next paragraph will show that this was a miracle to save his life..

Rav and Samuel both say, the earth is permitted to be broken apart before it¹⁴⁷A snake may tunnel under the earth. The comparison with a vessel suggests the theory that snake poison can dissolve earth but not fired clay and metals., but no vessel is permitted to be broken apart before it. Rebbi Ḥiyya the Great and Rebbi Simeon ben Rebbi were sitting in a certain house¹⁴⁸Their houses usually had dirt floors. Houses with paved (mosaic) floors usually are called “palaces”. when murmurs went around. They said, is it possible that it will be seen here? It was seen. They said, praised be He Who chose the Sages who said, the earth is permitted to be broken apart before it, but no vessel is permitted to be broken apart before it¹⁴⁹Since Rav was a student of his uncle R. Ḥiyya, Rav and Samuel cannot have been the authors of the theory but they may have given the final formulation..

Rebbi Yannai feared it so much that he put his bed on four beams [standing] in water. Once he stretched out his hand and found it near himself. He said, take it away from me, (Ps. 116:6) “the Eternal watches over the simple-minded.”

What is the measure of a hole¹⁵⁰When is a hole in a wall a potential hiding place of a snake so that one has to worry about fluids left uncovered? Tosephta 7:16.? Rebbi Jacob bar Aḥa in the name of Rebbi Ḥanina showed it thus: he said, the tip of my small finger. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi, so that the tip of the small finger of a newborn cannot enter it. Even if [the hole] were smaller, it [the snake] could enter it but since it does not know how to leave again, it does not enter. A woven basket even if very tight is forbidden for it can enter at one place and leave at another. A knapsack¹⁵¹The meaning of this word is everybody’s guess. The meaning “knapsack” is R. M. Margalit’s guess, identified by J. Levy as Arabic شلَاق šallāq “beggar’s knapsack”. R. Eliahu Fulda writes only “some vessel”. Kohout’s suggestion to refer the word to Arabic صليقة ṣalīqa “slice of roast beef” has to be rejected.
The word may be Greek σάλαξ, -ακος, ὁ “miner’s sieve, coarse sieve, screen”; cf. text at Note 126 (E. G.). is forbidden even if it hangs very high since it will let itself down¹⁵²The snake will climb to the ceiling and lower itself to the knapsack/sieve..”

What is “close by¹⁵³The distance mentioned in the Mishnah.”? Rebbi Samuel said, from the handles of an amphora to its mouth. Would it not be seen¹⁵⁴How can a snake hide under the handle of an amphora?? Rebbi Ḥanina said, it is a small kind called šefifōn and looks like a hair¹⁵⁵Cf. text after note 108..

It was stated: “¹⁵⁹Tosephta 7:14–15; in different order and slightly different language. Water on the ground forty seah. Rebbi Neḥemiah says, that a Šiḥin amphora¹⁶⁰A standard measure which is not determined in any parallel source. In the Tosephta there is an additional opinion, “others say, two seah.” can be filled from it. Wine both in vessels and on the ground in any quantity. Wine is not under the rules of uncovering as long as it is fermenting. How long does it ferment? Three days. It happened that a snake was found near a wine vat; the case came before Rebbi Jehudah¹⁶¹In the Tosephta, R. Jehudah ben Baba. and he permitted it. A source is not under the rules of uncovering as long as it is running. Rebbi Ismael the son of Rebbi Joḥanan ben Nuri said, it happened that Rebbi Joḥanan ben Beroqa went down to my father Rebbi Joḥanan ben Nuri to Bet Serii; he showed him a pool that contained only three log¹⁵⁸Cf. Berakhot Chapter 3, Note 164. of water, into which rain water was dripping. He bowed down and drank, saying this is an example of what is not under the rules of uncovering¹⁶²As long as the pool is not stagnant but overflowing from the rain water, it is counted as a source or river and one may assume that all poison was washed away (explanation of R. S. Lieberman)..”

¹⁶⁴The first two sentences, dealing with the problem of R. Joḥanan ben Beroqa, how long is a puddle considered a brook, is also in Mo‘ed Qaṭan1:1, fol. 80b. How long? Rebbi Mana bar Tanḥum¹⁶⁵In Mo‘ed Qaṭan, Ḥiyya bar Abun in the name of R. Joḥanan. said, until the soap-wort blossoms. Rebbi Eleazar ben Rebbi Yose¹⁶⁶The same name appears in Mo‘ed Qaṭan; there he speaks in the name of R. Tanḥum ben R. Ḥiyya, an Amora of the third generation. In any case, R. Eleazar ben R. Yose cannot be the Tanna, son of R. Yose ben Ḥalaphta, who is the author in all other cases where the name is mentioned. in the name of Rav: Until they¹⁶⁷The soap-wort plants. become like goose feet. Rebbi Jacob bar Aḥa said, when it became permitted on the field, it became permitted in the house¹⁶⁸If it rains so much that puddles on the field get the status of brooks, snakes hibernate and are no danger in the house. R. Hoshaiah disagrees and declares the danger to exist everywhere, at all times.. Rebbi Hoshaiah stated: [The rules of] uncovering apply in the Land and outside the Land, in summer and in winter.

Rebbi Jehudah bar Pazi said, who is the Tanna of pecking? “Rabban Gamliel says, also the snake because it spits out¹⁷²Mishnah Parah 9:3. The Mishnah states that water drawn for the purification rite of the ashes of the red cow becomes unusable if any animal drank from it because some of the animal’s spittle will be mixed with the water. In general, reptiles are reputed not to invalidate the water. Rabban Gamliel declares the snake to invalidate the water because it always will deposit some of its poison. Since the opinion of Rabban Gamliel is a minority opinion not followed in practice, R. Jehudah bar Pazi implies that the Mishnah here does not represent practice..” Rebbi Jonah said, who would turn commandments into peckings for us¹⁷³The rules given here are rules of hygiene, rather than religious observance. Therefore, the reference to Rabban Gamliel is irrelevant and the Mishnah here does represent practice.?

It was stated⁸¹Tosephta 7:17, Babli Avodah Zarah 9a/b. The Babli states that the rules for health hazards must be much stricter than those for religious obligations; cf. Halakhah 7.: “If somebody saw a bird pecking at a fig or a rat nibbling at a watermelon, it is forbidden [to eat from them] for I say, they might have eaten from the place of a pecking hole.” Rebbi Abba said, that means that a snake spits out repeatedly. Rebbi Jonah said, who considers for us commandments for peckings¹⁷³The rules given here are rules of hygiene, rather than religious observance. Therefore, the reference to Rabban Gamliel is irrelevant and the Mishnah here does represent practice.? But for torn [animals]¹⁷⁴A kosher animal, correctly slaughtered, can be eaten only if inspection shows that it was healthy. The quote here is from Berakhot 9:4, Notes 209 ff., Rebbi Abba said in the name of the rabbis from there, “if it was slaughtered and the wolves took its innards, it is in order because intestines are presumed to be in order.” Should one not question whether they were pierced? Intestines are presumed to be in order. But here, you say so? It is worse if there is danger to life¹⁷⁵This is a general principle; any logical arguments and rules of decision based on probabilities and prior assumptions are inapplicable in health matters.; for peckings they went all the way with Rabban Gamliel.

It was stated: Rebbi Eliezer said, one may eat figs and grapes in the night without worry, since it is said (Ps. 116:6) “the Eternal watches over the simple-minded.” Rebbi Jonah in the name of Rav: A fish with pecking marks is forbidden. Rebbi Ḥizqiah, Rebbi Tabi in the name of Rav: A living fish with pecking marks is forbidden. If it is salted, through the salt it trembles¹⁷⁶It is visible whether the salted fish is infected or not.. Dead¹⁷⁷If it is clear that some animal pecked at the fish after it died., one cuts out the place of the pecking.

Rebbi Jacob bar Aḥa in the name of Rebbi Ḥiyya bar Abba: A watermelon with pecking marks whose inside is rotten is forbidden. A person carried a sweet melon with pecking marks. He let ten people eat from it and they died. He covered it with spittle and it broke apart.

A person hated sheep’s meat. Once he was eating red meat when a passer-by said, this is sheep’s meat. He choked¹⁷⁸According to Z. Ben-Ḥayyim, The Literary and Oral Traditions of Hebrew and Aramaic Amongst the Samaritans, Jerusalem 1961, vol. II, p. 442, Galilean כלעס is the equivalent of Samaritan כלעט, “to choke”. This invalidates the opinion of the dictionaries which see in כלעס a scribal error for Syriac בלעס, assumed to be derived from בלע “to swallow”. and died. The donkey drivers stayed at an inn. They said, bring us lentils; they brought. They said, give us a second helping; they brought. They said to them, the first ones were better, what were those? They said, we found the spine of a snake in them; they choked and died.

It is written (Prov. 16:6): “When the Eternal likes the conduct of a person, even his enemy will make peace with him.” Rebbi Meïr says, that is the dog. Rebbi Joshua ben Levi says, that is the snake. The shepherds milked; there came a snake, ate from it, but the dog observed it. When they came to eat, he started barking at them but they did not pay attention. At the end, he ate and died. A person made ground garlic in his house. There came a mountain snake and ate from it but the house snake observed it. When the people from the house came to eat from it, it [the house snake] started to throw dust down on them¹⁷⁹Another version of the same story is in Gen. rabba 54(1). In that source, all authors are late Amoraïm; the snake is identified as the enemy by R. Samuel.. When they did not pay attention, it threw itself on it. A person invited a rabbi and let the dog sit next to him [the rabbi]. He said, how did I merit this insult? He said, rabbi, I am repaying his [the dog’s] good deed. Kidknappers came to town. One of them came and wanted to take my wife but he [the dog] ate his testicles.