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11:6:1

משנה: הִגְדִּילוּ הַתַּעֲרוֹבוֹת וְשִׁחְרְרוּ זֶה אֶת זֶה נוֹשְׂאִין נָשִׁים רְאוּייוֹת לִכְהוּנָּה וְאֵינָן מִיטַּמְּאִין לַמֵּתִים וְאִם נִטְמְאוּ אֵין סוֹפְגִין אֶת הָאַרְבָּעִים. וְאֵינָן אוֹכְלִין בַּתְּרוּמָה וְאִם אָכְלוּ אֵינָן מְשַׁלְּמִין קֶרֶן וָחוֹמֶשׁ. וְאֵינָן חוֹלְקִין עַל הַגּוֹרֶן. וּמוֹכְרִים אֶת הַתְּרוּמָה וְהַדָּמִים שֶׁלָּהֶם. וְאֵינָן חוֹלְקִין בְּקָדְשֵׁי מִקְדָּשׁ. וְאֵין נוֹתְנִין לָהֶם קֳדָשִׁים. וְאֵין מוֹצִיאִין אֶת שֶׁלָּהֶן מִידֵיהֶן. וּפְטוּרִין מִן הַזְּרוֹעַ וּמִן הַלְּחָיַיִם וּמִן הַקֵּיבָה. וּבְכוֹרָן יְהֵא רוֹעֶה עַד שֶׁיִּסְתָּאֵב. וְנוֹתְנִין עֲלֵיהֶן חוּמְרֵי יִשְׂרָאֵל וְחוּמְרֵי כֹהֲנִים.

MISHNAH: When the mixed-up children became adults and manumitted one another124Then the slave is manumitted and becomes a full Israel. The manumission of the Cohen is invalid and does not damage him. they may marry women appropriate for the priesthood, may not defile themselves for the dead, but if they became defiled they do not suffer forty lashes125In order to punish one of them for wilfully desecrating himself, the court would have to prove that the culprit is a Cohen. Since this is impossible, neither of them can ever be punished for any infraction of priestly rules.. They may not eat heave, but if they ate they do not have to pay its value and and additional fifth126Since the monetary penalty for unauthorized use of heave has to be given to a Cohen (Mishnaiot Terumot 6:1, 7:1), and no Cohen can successfully sue any of them for payment by proving that he is not a Cohen, they do not have to pay.. They cannot attend distributions on the threshing floor; they have to sell their heave, but the money is theirs127They may not eat heave since the eater may be the former slave. They keep the money since they cannot be sued for it, cf. Note 126.. They have no part in the Temple sacrifices, one does not give them sacrifices, but one cannot take theirs from them128Since a Cohen has the right to sacrifice in the Temple even if he is not on duty there, they have the right to hand over their sacrifices to any certified Cohen and are not obligated to give it to the group of Cohanim currently serving there.. They are exempt from the foreleg, the chin, and the first stomach129The gift to the Cohanim from profane slaughter, Deut. 18:3.. Their firstborn animal should graze until it develops a blemish130An unblemished firstborn animal must be given to a Cohen to be sacrificed in the Temple and eaten by the Cohen. Once it is blemished it can be slaughtered locally and eaten by anybody, Deut. 15:19–23.. One charges them with the disabilities of an Israel and those of Cohanim131This gives the rationale for the entire Mishnah..

MISHNAH: When the mixed-up children became adults and manumitted one another124Then the slave is manumitted and becomes a full Israel. The manumission of the Cohen is invalid and does not damage him. they may marry women appropriate for the priesthood, may not defile themselves for the dead, but if they became defiled they do not suffer forty lashes125In order to punish one of them for wilfully desecrating himself, the court would have to prove that the culprit is a Cohen. Since this is impossible, neither of them can ever be punished for any infraction of priestly rules.. They may not eat heave, but if they ate they do not have to pay its value and and additional fifth126Since the monetary penalty for unauthorized use of heave has to be given to a Cohen (Mishnaiot Terumot 6:1, 7:1), and no Cohen can successfully sue any of them for payment by proving that he is not a Cohen, they do not have to pay.. They cannot attend distributions on the threshing floor; they have to sell their heave, but the money is theirs127They may not eat heave since the eater may be the former slave. They keep the money since they cannot be sued for it, cf. Note 126.. They have no part in the Temple sacrifices, one does not give them sacrifices, but one cannot take theirs from them128Since a Cohen has the right to sacrifice in the Temple even if he is not on duty there, they have the right to hand over their sacrifices to any certified Cohen and are not obligated to give it to the group of Cohanim currently serving there.. They are exempt from the foreleg, the chin, and the first stomach129The gift to the Cohanim from profane slaughter, Deut. 18:3.. Their firstborn animal should graze until it develops a blemish130An unblemished firstborn animal must be given to a Cohen to be sacrificed in the Temple and eaten by the Cohen. Once it is blemished it can be slaughtered locally and eaten by anybody, Deut. 15:19–23.. One charges them with the disabilities of an Israel and those of Cohanim131This gives the rationale for the entire Mishnah..

11:6:2

הלכה: הִגְדִּילוּ הַתַּעֲרוֹבוֹת כול׳. לְשֶׁעָבַר. הָא לְכַתְּחִילָּה לֹא. כֵּינִי מַתְנִיתָא. מוּתָּר לְשַׁחְרֵר כַּתְּחִילָּה. אַף רִבִּי יוֹסֵי הַגָּלִילִי אָמַר. אָסוּר לְשַׁחְרֵר. מוֹדֶה הוּא הָכָא שֶׁהוּא מוּתָּר. מִפְּנֵי תִיקּוּן הַוְולָד. מַהוּ רְאוּיוֹת. לֹא פְסוּלוֹת.

HALAKHAH: “If the mixed-up children became adults,” after it happened132One would have expected the Mishnah to read: Once adults, they manumit one another. Does the formulation of the Mishnah imply that the manumission is not recommended?. Does that mean, not from the start? So is the Mishnah: It is permitted from the start to manumit133The Babli, 100a, insists that the court forces them to manumit one another.. Even Rebbi Yose the Galilean, who said that one is forbidden to manumit134Based on the verse Lev. 25:46: “You shall have them work for you forever”. In the Babli, this interpretation is quoted in the name of the Amora Rav Jehudah (Berakhot 47b), R. Aqiba (Soṭah 3b, against R. Ismael who reads “You may have them work for you forever”), Rav Jehudah in the name of Samuel (Giṭṭin 38b)., will agree here that it is permitted for the benefit of children. What means “appropriate”? Not disabled.

HALAKHAH: “If the mixed-up children became adults,” after it happened132One would have expected the Mishnah to read: Once adults, they manumit one another. Does the formulation of the Mishnah imply that the manumission is not recommended?. Does that mean, not from the start? So is the Mishnah: It is permitted from the start to manumit133The Babli, 100a, insists that the court forces them to manumit one another.. Even Rebbi Yose the Galilean, who said that one is forbidden to manumit134Based on the verse Lev. 25:46: “You shall have them work for you forever”. In the Babli, this interpretation is quoted in the name of the Amora Rav Jehudah (Berakhot 47b), R. Aqiba (Soṭah 3b, against R. Ismael who reads “You may have them work for you forever”), Rav Jehudah in the name of Samuel (Giṭṭin 38b)., will agree here that it is permitted for the benefit of children. What means “appropriate”? Not disabled.

11:6:3

מְנַיִין לְכֹהֵן שֶׁהוּא מַקְרִיב קָרְבְנוֹתָיו בְּכָל מִשְׁמָר שֶׁיִּרְצֶה. תַּלְמוּד לוֹמַר וּבָא בְּכָל אַוַּת נַפְשׁוֹ וְשֵׁרֵת. הָיָה זָקֵן אוֹ חוֹלֶה נוֹתְנוֹ לְכָל מִשְׁמָר שֶׁיִּרְצֶה וְעוֹרָן וּבְשָׂרָן שֶׁלּוֹ. הָיָה טָמֵא וּבַעַל מוּם נוֹתְנִין לְאַנְשֵׁי הַמִּשְׁמָר וְעוֹרָן וּבְשָׂרָן שֶׁלָּהֶן. אִילֵּין בְּנֵי הַתַּעֲרוֹבוֹת מַה אַתְּ עֲבַד לְהוֹן. כְּזָקֵן וּכְחוֹלֶה אוֹ כְטָמֵא וּבַעַל מוּם. מִסְתַּבְּרָא מֵיעַבְּדִינוֹן כְּטָמֵא וּבַעַל מוּם. וּמַתְנִיתָא עַבְדָא לוֹן כְּזָקֵן וּכְחוֹלֶה. דְּתַנִּינָן. אֵין מוֹצִיאִין אֶת שֶׁלּוֹ מִיָּדוֹ.

From where that a Cohen presents his sacrifices during [the period of duty of] any watch135The land of Israel was divided into 24 districts and the priests from each district came to the Temple for one week (serving as watch from the presentation of the shew-bread on one Sabbath to its removal the next Sabbath). The priests were indemnified for their work by receiving the skins of most holy sacrifices and all gifts to priests during their week of work. A hint of this is found in Deut. 18:9.
Even after the destruction of the Temple, the calendar of service of the districts was retained for special occasions, cf. Mishnah Ta‘aniot 2:7.
he chooses? The verse says, “he may come as his heart desires … and serve”136Deut. 18:6–7. Priests acting for themselves are exempt from the obligation to use the watch in charge of the week. The same argument is in Babli Baba Qama 109b, where verses are quoted in support of the assertion here that the hide and meat do not belong to the acting watch. In contrast, Sifry Deut. 168 restricts the right of the Cohen to participation in the priestly blessing any time he so desires.. If he was old or sick, he may give it to any watch he likes but the hide and meat are his. If he was impure or had a bodily defect, he must give it to the acting watch137The old or sick in principle are able to sacrifice by themselves; the impure and disfigured are barred from entering the Temple. The latter cannot sacrifice and in this respect are not different in status from a non-Cohen., and the hide and meat are theirs. These mixed-up ones, how do you treat them? Comparing them to the old or sick, or to the impure or to those with a bodily defect. It seems reasonable to compare them to the impure or those having a bodily defect138They could not possibly be accepted as acting priests in the Temple.; but the Mishnah compares them to the old or sick, since we have stated: “One cannot take his from him139This is the language of Mishnah 8..”

From where that a Cohen presents his sacrifices during [the period of duty of] any watch135The land of Israel was divided into 24 districts and the priests from each district came to the Temple for one week (serving as watch from the presentation of the shew-bread on one Sabbath to its removal the next Sabbath). The priests were indemnified for their work by receiving the skins of most holy sacrifices and all gifts to priests during their week of work. A hint of this is found in Deut. 18:9.
Even after the destruction of the Temple, the calendar of service of the districts was retained for special occasions, cf. Mishnah Ta‘aniot 2:7.
he chooses? The verse says, “he may come as his heart desires … and serve”136Deut. 18:6–7. Priests acting for themselves are exempt from the obligation to use the watch in charge of the week. The same argument is in Babli Baba Qama 109b, where verses are quoted in support of the assertion here that the hide and meat do not belong to the acting watch. In contrast, Sifry Deut. 168 restricts the right of the Cohen to participation in the priestly blessing any time he so desires.. If he was old or sick, he may give it to any watch he likes but the hide and meat are his. If he was impure or had a bodily defect, he must give it to the acting watch137The old or sick in principle are able to sacrifice by themselves; the impure and disfigured are barred from entering the Temple. The latter cannot sacrifice and in this respect are not different in status from a non-Cohen., and the hide and meat are theirs. These mixed-up ones, how do you treat them? Comparing them to the old or sick, or to the impure or to those with a bodily defect. It seems reasonable to compare them to the impure or those having a bodily defect138They could not possibly be accepted as acting priests in the Temple.; but the Mishnah compares them to the old or sick, since we have stated: “One cannot take his from him139This is the language of Mishnah 8..”

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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