NEW EDITION

[figure]

p. i

NEW EDITION

OF THE

BABYLONIAN TALMUD

Original Text, Edited, Corrected, Formulated and Translated into English

BY

MICHAEL L. RODKINSON

SECTION MOED (FESTIVALS)

TRACT PESACHIM (PASSOVER)

Volume V.

BOSTON

THE TALMUD SOCIETY

[1918]

EXPLANATORY REMARKS.

[figure]

p. ii

EXPLANATORY REMARKS.

In our translation we adopted these principles:

1. Tenan of the original--We have learned in a Mishna; Tania--We have, learned in a Boraitha; Itemar--It was taught.

2. Questions are indicated by the interrogation point, and are immediately followed by the answers, without being so marked.

3. When in the original there occur two statements separated by the phrase, Lishna achrena or Waïbayith Aema or Ikha d'amri (literally, "otherwise interpreted"), we translate only the second.

4. As the pages of the original are indicated in our new Hebrew edition, it is not deemed necessary to mark them in the English edition, this being only a translation from the latter.

5. Words or passages enclosed in round parentheses () denote the explanation rendered by Rashi to the foregoing sentence or word. Square parentheses [] contained commentaries by authorities of the last period of construction of the Gemara.

COPYRIGHT, 1903, BY

MICHAEL L. RODKINSON.

COPYRIGHT 1916, BY

NEW TALMUD PUBLISHING SOCIETY

Tract Pesachim (Passover): Dedication

[figure]

p. iv

TO THE

HONORABLE ISIDOR STRAUS

IN RECOGNITION OF HIS MANY PHILANTHROPIC DEEDS AND VALUABLE

SERVICES IN THE CAUSE OF LITERATURE.

MOST RESPECTFULLY DEDICATED

BY THE EDITOR

MICHAEL L. RODKINSON.

NEW YORK, APRIL THE 6TH, 1898, THE EVE OF PASSOVER.

Tract Pesachim (Passover)

[figure]

p. v

PAGE

SYNOPSIS OF SUBJECTS OF VOLUME V.--TRACT PESACHIM,

vii

CHAPTER I.

REGULATIONS CONCERNING THE REMOVAL OF LEAVEN FROM THE HOUSE ON THE EVE OF PASSOVER AND THE EXACT TIME WHEN THIS MUST BE ACCOMPLISHED,

1

CHAPTER II.

REGULATIONS CONCERNING THE TIME FOR EATING LEAVENED BREAD ON THE EVE OF PASSOVER. MATERIAL USED FOR MAKING UNLEAVENED BREAD AND BITTER HERBS,

30

CHAPTER III.

REGULATIONS CONCERNING ARTICLES WHICH CAUSE TRANSGRESSION OF THE LAW PROHIBITING LEAVEN TO BE SEEN OR FOUND IN THE HOUSE OF AN ISRAELITE,

68

CHAPTER IV.

REGULATIONS CONCERNING WORK WHICH MAY AND SUCH AS MUST NOT BE PERFORMED ON THE DAY PRECEDING THE FESTIVAL OF PASSOVER,

84

CHAPTER V.

REGULATION'S CONCERNING THE SACRIFICE OF THE PASCHAL LAMB,

106

CHAPTER VI.

REGULATIONS CONCERNING ACTS WHICH SUPERSEDE THE DUE OBSERVANCE OF THE SABBATH. THE SACRIFICE OF THE PASCHAL OFFERING. WHAT IS TO BE DONE IF ONE SACRIFICE IS CONFOUNDED WITH ANOTHER,

125

p. vi

CHAPTER VII.

PAGE

REGULATIONS CONCERNING THE ROASTING OF THE PASCHAL LAMB. THE MANNER OF PROCEDURE IF THE PASCHAL LAMB BECOME DEFILED. WHICH PARTS OF THE LAME ARE EATEN,

143

CHAPTER VIII.

REGULATIONS CONCERNING THOSE OBLIGATED TO EAT THE PASCHAL SACRIFICE. WHERE IT MAY BE EATEN. COMPANIES APPOINTED TO EAT IT, AND THE DIFFERENCE BETWEEN THE FIRST AND SECOND PASSOVER,

173

CHAPTER IX.

REGULATIONS CONCERNING THE SECOND PASSOVER. THE PASSOVER AT THE EXODUS FROM EGYPT. CONCERNING CASES WHERE THE PASCHAL SACRIFICE HAD BECOME MIXED,

191

CHAPTER X.

REGULATIONS CONCERNING THE MEAL ON THE EVE OF PASSOVER AND THE FOUR CUPS OF WINE TO BE DRUNK WITH THE MEAL,

210

APPENDIX.

A. EXPLANATORY OF THE FIRST MISHNA, PAGE 1,

253

B. SUPPLEMENTARY TO SECOND NOTE, PAGE 66,

263

SYNOPSIS OF SUBJECTS

[figure]

p. vii

SYNOPSIS OF SUBJECTS

OF

VOLUME V.--TRACT PESACHIM. 1

CHAPTER I.

MISHNA I. What is meant by Or? The explanation of the phrase(Job xiv. 14), "with the earliest light." At no time should a man allow an ill sounding word to escape from his mouth. What the two disciples of Rabh and R. Johanan b. Zakkai said: Go and report it to the horses. If a house was rented and it is not known whether the leavened bread had been searched for. If a man leave his house and intend to return on the Pass over. Two things are without the province of man. If musty bread was found in a chest. By what light search for leavened bread must be made. Whether wine-cellars have to be searched, 1-14

MISHNAS II., III., IV., V. If a man leaves ten pieces of bread and finds nine, or nine heaps of Matzoth, and one heap of Chometz, and finds ten. When search for Chometz must be made. The reason why Chometz must be removed on the fourteenth of Nissan. If a Gentile came into the court of an Israelite on Passover. Of the Gentile who stored a basketful of Chometz with Johanan Hakuka. The two thanksgiving-offering cakes laid on the benches. What R. Hanina the Sagan of the priests said. If there were doubtful beverages, 14-29

CHAPTER II.

MISHNA I. What one may do as long as it is lawful to eat unleavened bread. Why the Mishna enumerates domestic and wild animals. Whence we know that no benefit may be derived from leaven on Passover. Wherever it is written, "Ye shall not eat," the object in question must not even be used. By means of what a man is permitted to cure himself when in danger. A man must rather permit himself to be slain than to slay another. According to whom the Halakha prevails when Rabbi differs with an individual or tile Majority, 30-41

p. viii

MISHNAS II., III., IV., V., VI. Concerning leaven belonging to a Gentile. Whether a man may eat the leaven of a Gentile. Whether earthenware pots used during the year must be destroyed before Passover. About an oven greased with fat immediately after it had been heated. If a Gentile lent money to an Israelite, taking as security leavened articles, and vice versa. About leaven covered by ruins. About leavened heave-offering. Whether leavened articles have a pecuniary value on Passover. With which articles a person acquits himself of the duty of eating unleavened bread on Passover. Whether one can acquit himself of the duty with bread kneaded with wine, oil, or honey. What is meant by bread of affliction. Why it is not allowed to prepare figured cakes on Passover, 41-59

MISHNAS VII. to IX. The duty of eating bitter herbs on the Passover. Whether lettuce is to be preferred to other bitter herbs. About soaking bran on Passover to feed fowls. Where the mother of Mar b. Rabhina bought her wheat for her son. Whether it is lawful to put flour into sauce or mustard. Whether it is lawful to cook the paschal lamb after it has been roasted. With which kind of water may a woman knead the dough, 59-67

CHAPTER III.

MISHNAS I. to V. Whether Babylonian Kuthach, Median beer, etc., may be used on Passover. About the paste used by scribes. Whether women are held to be equal to men in regard to prohibitory laws. About dough in the holes or crevices of a kneading-trough. About dull dough. How the first of the dough due to the priest can be separated on the Passover. About the three women who may knead dough for Passover, 68-77

MISHNAS VI., VII., VIII. About dough which commences to become leavened. If the fourteenth of Nissan fall on the Sabbath, what must be done. When one going to fulfil a religious duty on the eve of Passover recollects that he has Chometz left at home. In which case may a scholar enjoy his meal. For what meritorious purpose a man should sell all his possessions. What R. Aqiba said about a scholar when he was ignorant. What sentiment a man who occupies himself with study of the law evokes in the heart of a common person. Why it is written that the Lord will be one and His name will be one on that day, and not at present, 77-83

CHAPTER IV.

MISHNAS I., II., III., IV. How a man should conduct himself who removes from a place where a thing is allowed to a place where it is not allowed, or vice versa. If one depends on the earnings of his wife. Those who write scrolls, etc., or sell them, etc., do not perceive any blessing for their work. What Rabba bar bar Hana said to his son. What R. Johanan b. Elazar related. May we, being versed in the calendar, do work on the second day of a festival in exile? Whether roasted meat may be eaten on the night of Passover. What justified Hananiah, Mishaël, and Azariah to permit themselves to be thrown into the fiery furnace. When the fire of Gehenna was created. In what respect every man should consider himself a scholar. What it is permitted to do on the eve and intermediate days of a festival. What are the six things done by the inhabitants of Jericho and King Hezekiah, and which met with the rabbis' approval. Four shouts

p. ix

sent up in the court of the Temple. What happened to Issachar, the man of the village of Barkai, 84-105

CHAPTER V.

MISHNAS I., II., III., IV., V. The time of offering the paschal lamb. If the Passover-sacrifice had not been slaughtered for its purpose. If the paschal lamb was slaughtered for those who will not partake thereof The inhabitants of what places must not be taught the contents of the book of ancestry. Since the book of ancestry was concealed, the power of our sages was on the wane, etc. If a man offers the Passover-sacrifice while still having leaven in his possession. For how many divisions the paschal lamb was offered, etc., 106-124

CHAPTER VI.

MISHNA I. 'Which acts necessary for the sacrifice of the paschal offering supersede Sabbath. How Hiellel the Elder became Nassi, and what happened subsequently. What befalls him who is arrogant, and him who becomes angry. In the future the righteous would have the power to arouse the dead. How pleasing the fulfilment of a religious duty at its proper time was to our ancestors, 125-133

MISHNAS II., III. Under what circumstances it is allowed to bring a festal offering in addition to the paschal sacrifice. What is meant by Abhin Thekla? (See note.) If a person brought a paschal sacrifice on the Sabbath not for its proper purpose. What R. Hyya of Abel Arab declared, 133-142

CHAPTER VII.

MISHNAS I., II., III., IV., V. How the paschal lamb should be roasted. About diluted vinegar, whether it may be used. If any part of the roasted lamb had touched the earthenware oven on which it was roasted. The five kinds of sacrifices that may be brought by those who are in a state of ritual uncleanness. If the flesh of the paschal sacrifice has become ritually defiled. If the whole or the greater part of the congregation had become defiled. If one half of the congregation be clean, and the other half unclean, 143-172

MISHNAS VI., VII., VIII., IX., X. For what defilements the golden plate of the high-priest atones. When, and with which wood, must the Iamb be burned, if defiled. If a slaughtered Passover-sacrifice had been carried beyond the walls of Jerusalem. When the bones, sinews, etc., must be burned. Which part of the paschal kid or lamb may be eaten, 156-165

MISHNAS XI., XII., XIII. What penalty is due for breaking any bones of the clean paschal lamb. If a part of a member of the paschal sacrifice protrude beyond the Temple, etc. If two companies eat their paschal sacrifice in one room, and if there is among them a bride, what they and she must do. What was said and done when R. Ishmael b. R. Jose happened to be a guest of R. Simeon b. R. Jose b. Lakunia, 165-172

CHAPTER VIII.

MISHNAS I., II., III., IV., V. If two paschal lambs were slaughtered for a lying-in woman by her relatives. The Hagadic explanation of the verses

p. x

in Solomon's Song viii. 8, and viii. 10, etc. The legend of what the Holy One, blessed be He, said to Prophet Hosea, what he answered Him, and what befell subsequently. Woe is to a dominion that overwhelms its own master. For what purpose Israel was sent into exile. The reason why the Romans did not destroy all Israelites. Why Israel was exiled to Babylon. The day on which all the children of Israel will be recalled from exile will be as great as that on which the world was created. If a person order his slave to go and slaughter for him the paschal sacrifice. If a man say to his sons, I slaughter the paschal sacrifice for whichever one of you shall arrive first in Jerusalem. The size of an olive of the paschal lamb suffices for those who partake of it. If a person had appointed others to partake with him of his share, 173-185

MISHNAS VI., VII., VIII., IX. Whether one whose seventh day of sprinkling fall on the eve of Passover may partake of the paschal lamb. A mourner who has lost a relative on the 14th of Nissan. A prisoner who has the assurance of a release. Whether the paschal sacrifice must be slaughtered for a single individual. Whether a mourner for a near relative, not yet interred, may eat of the paschal sacrifice. When a Gentile proselyte may partake of it, 185-190

CHAPTER IX.

MISHNAS I., II., III. Who must observe the second Passover. Must a woman bring a second Passover-offering? Concerning neglecting to sacrifice. What must be considered a distant journey? How much the entire world measures, What the disciples of Elijah taught. The difference between the sages of Israel and of the Gentiles. The difference between the first and second Passover. Concerning the Hallel at the slaughtering of sacrifices, 191-201

MISHNAS IV., V., VI., VII., VIII., IX. When the paschal sacrifice was brought in a state of defilement. Was it prohibited at the Egyptian Passover to eat leaven on that one night? What R. Jehoshua heard from his teachers and could not explain, R. Aqiba explained. When the animal must be left to graze. If a paschal sacrifice had become mixed with other animals. If a company has lost their paschal sacrifice. When a paschal offering of two individuals has become mixed, 201-209

CHAPTER X.

MISHNA I. When and what must be eaten on the eve of Passover, and how many cups of wine must be partaken during the night. R. Simeon b. Gamaliel, R. Jehudah, R. Jose were partaking a meal on the eve of Sabbath in the city of Achu. Once Rabba b. R. Huna came to the house of the Exilarch. Whether one who has heard the Kiddush in the synagogue must repeat it at home. If Sabbath had set during the course of a meal at which a company were sitting. Concerning the order of the benedictions. Concerning the holiday prayers, what must be said. What should be the conclusion of the Habdalah. How R. Itz'hak sent his son to Ula, and his answer. Whether the honor of the Sabbath is more important than that of the eve preceding it. The eight things about the Habdalah prayer. How R. Ashi recited the

p. xi

great Kiddush when he came to Mehuzza. If one had thoughtlessly eaten before Kiddush or Habdalah, may he say these prayers? May the Kiddush be made over beer? What is meant by the time of Min'hah, and when King Agrippa usually took his meal. Whether women must also drink the four cups. What taste and color must the wine have. It is the duty of every man to cause his household and his children to rejoice on a festival. About the even numbers (see note, p. 229). The seven things R. Aqiba commanded his son R. Jehoshua. The five things R. Aqiba, while in prison, commanded R. Simeon b. Jochai. The four things our holy Rabbi commanded his children. The three things R. Jose b. R. Jehudah commanded Rabbi. Why a man should not go out alone at night. What Rabbi said to Aibo, his son. The three things R. Jehoshua b. Levi said in the name of the great men of Jerusalem. Three kinds of men shall inherit the world to come. How R. Hanina and R. Oshiya made shoes for the prostitutes. The three kinds of men whom the Holy One, blessed be He, loves. The three kinds of men who do not live a life worth living. The three species who hate others of their own kind. The three kinds of beings who love others of their kind. Five things which Canaan commanded his children. Six things said of a horse, 210-236

MISHNAS II., III., IV., V. When the first cup is poured out. Herbs and vegetables are to be brought. The benediction of the bitter herbs. Why the bitter herbs should not be placed between unleavened cakes. If a man swallowed unleavened bread. When the table on which the food is served should be removed. What serves as a remembrance of the apple-trees. A second cup of wine is poured out. What Rabbon Gamaliel used to say, "Hallelujah." How far is the Hallel to be said? Why a blind man is exempt from the recital of the Haggada. With ten different expressions of praise the entire Book of Psalms was composed. Who said the Hallel? What the Karaites add to these verses, Is Hallelujah the beginning or the end of the chapters? What Rabba discovered that the sages of Pumbaditha once proclaimed, 236-249

MISHNAS VI., VII., VIII. A third cup of wine is poured out. Why is this called the great Hallel? The laboriousness of a man's earning his daily bread. Why the small Hallel must be recited at the Passover-meal. What occurred when Nebuchadnezzar threw Hananiah, Mishaël, and Azariah into the furnace. Who said: "The truth of the Lord endureth for ever"? What R. Ishmael sent to Rabbi in the name of his father. Who will get the cup of benediction. Is it unlawful to conclude the eating of the paschal sacrifice with a dessert? Is it obligatory to eat Matzoth during all the seven days? If any of the company fall asleep during the meal. About the blessing of the paschal and festal offerings. R. Simlai at the redemption of a first-born son, 249-259

APPENDIX A. Explanatory of the first Mishna. APPENDIX B. Supplementary to the second note, p. 66, 1 250-264

Footnotes

vii:1 See introduction to the synopsis in Tract Sabbath, Vol. I., p. ix.

xi:1 We were told that some readers made reference to the synopsis instead of to the text. We have therefore, in the synopsis of this tract, omitted all conclusions. We will do so, likewise, in the future.

TRACT PESACHIM (PASSOVER).

[figure]

p. 1

TRACT PESACHIM (PASSOVER).

CHAPTER I.

REGULATIONS CONCERNING THE REMOVAL OF LEAVEN FROM THE HOUSE ON THE EVE OF PASSOVER AND THE EXACT TIME WHEN THIS MUST BE ACCOMPLISHED.

MISHNA "Or" (by light) on the fourteenth (of Nissan), search should be made for leavened bread by the light of a candle, but it is not necessary to search all places in which it is not usual to put leaven. [Why then was it ordered, that two rows (of barrels) should be searched? Because a warehouse or wine cellar is treated of, into which leavened bread is sometimes carried.] Beth Shammai decide "that search must be made between two rows of barrels over the whole surface of the warehouse"; but Beth Hillel decree: It is sufficient to search between the two uppermost rows, as they are also the highest.

GEMARA: What is meant by "Or"? Said R. Huna: "The dawn of day," and R. Jehudah said: "Night." At the first glance it was presumed that the word "Or" was actually explained by R. Huna to mean "the break of day," and by R. Jehudah to mean "night."

An objection was made, however, based upon the passage [Genesis xliv. 3]: "As soon as the morning was light ('Or') the men were sent away," etc. Thus we see that "Or" means "day"? Does then the passage say in the light of the morning? it says distinctly "when the morning was light," which means when the morning was already light, the men were sent away.

Another objection was made: It is written [II Samuel xxiii. 4]: "And as in the light of morning the sun riseth," whence we see that by light is meant "day." Does it then read in the passage "Or Boker" (light is morning)? It reads "Uchor Boker," which means "as the light of the morning," and this should be understood thus: "As the light of the morning on

p. 2

this earth; so will the sun shine for the righteous in the world to come."

Another objection was made: "It is written [Gen. i. 5]: 'And God called the Or (light) Day,' whence we see, that light (Or) is day?" The passage means to say, that just as soon as it dawned the Lord called it "day."

Another objection was made: "It is written [Psalms cxlviii. 3]: 'Praise him, all ye stars of light (Or).' Whence we see that Or means night?" The passage means to say, "Ye stars that light."

Another objection was made: "It is written [Job xxiv. 14]: 'With the earliest light (Le-Or) riseth the murderer, he slayeth the poor and needy, and in the night he becometh like the thief.' Now, if the latter part of the passage states 'in the night he becometh like the thief,' then the first part must certainly mean to state, that at break of day the murderer slayeth those that pass by, while at night be robbeth houses like the thief. Whence we see that 'Or' means day?" The passage means to say the following: If it is as clear as day to thee that the murderer cometh to slay thee, thou mayest slay him in self-defence; but if it is doubtful to thee whether he comes to slay thee or not, thou shouldst treat him as an ordinary thief and try not to slay him."

Another objection was made: "It is written [Job iii. 9]: 'Let the stars of its twilight be darkened; let it hope for light, and there be none.' Thence we see that by light (Or) is meant day?" The passage means to infer, that job when cursing his fate, said also, that the man who announced his birth should hope for light and not be able to find it.

Another objection was made: "It is written [Psalms cxxxix. ii]: 'Surely darkness shall enshroud me, and into night be turned the Or (light) about me.' Whence we see, that by light (Or) is meant day?" In this passage David means to express the following: I thought, that in the world to come, which is equal to daylight, darkness will enshroud me, and now I find that even on this earth (which compared to the world to come is as night) it has also become light for me.

Yet another objection was made: "We learn further on in the Mishna: R. Jehudah said: 'Leaven should be searched for "Or" on the fourteenth, and in the morning of the fourteenth and at the time when the leaven is about to be burned.' If then R. Jehudah says, that on the morning of the fourteenth

p. 3

leaven should be searched for, and preceding that he says 'Or' on the fourteenth, 'Or' must certainly mean 'night'?" Therefore we must say, that it is not as was presumed at the first glance to be the case, that R. Huna differed with R. Jehudah concerning the time of searching for leaven, but that both agreed upon twilight as being the proper time for that purpose, and by "Or" is meant "night," but the case was simply this: At the place where R. Jehudah resided twilight was called night, while in R. Huna's place of abode twilight was still called (day)light.

If this is so, why did the Tana of our Mishna commence with the word "Or"? Could he not have said plainly "on the eve"? He wished to commence the Mishna with a pleasing word and not with one suggesting darkness, and this is as R. Jehoshua ben Levi said elsewhere: At no time should a man allow an ill-sounding word to escape from his mouth; for the following verse used eight superfluous letters in order to circumvene the use of one ill-sounding word, as it is written [Gen. vii.]: "Of the clean beasts, and of the beasts that are not clean." Thus instead of using the word unclean (Hatmeah), it is written "that are not clean," which makes a difference of eight letters. 1

Now if the question concerning the word "Or" has been finally decided and "Or" is supposed to mean "twilight," let us see why leaven must be searched for at night. Both according to R. Jehudah and R. Meir (as will be seen further on) it is prohibited to eat leavened bread from the sixth hour, and further, of the fourteenth of Nissan, let the time for searching commence at that hour. If the claim be made, that pious men seek to fulfil a religious duty even before the specified time, let them commence to search for leavened bread at sunrise on the fourteenth; but why at night? Said R. Na'hman bar Itz'hak: "This was ordained, because at twilight the men are generally in the house and the light of a candle at that time is the best means by which to search for leavened bread."

Said Abayi: Therefore a young scholar should not commence his study at twilight on the thirteenth of Nissan, as he might become engrossed in the ordinances and forget to search for leaven. 2

p. 4

The master said: "A man should not allow an improper word to escape his lips."

Two disciples sat before Rabh: One of them said to him: "To-day's study of the ordinances made me as tired as a hog." The other one said: "To-day's study made me as tired as a tired goat." From that day on Rabh did not speak to the first of these disciples.

Two disciples (also) sate before Hillel, and one of them was R. Johanan ben Zakai. According to another version: Two disciples sate before Rabbi and one of them was R. Johanan. One of them asked: "Why must wine be pressed with clean utensils and olives do not require clean utensils?" The other disciple at some other time inquired: "Why must wine be pressed with clean utensils whereas for oil unclean utensils may be used?" Whereupon the master remarked: "I am certain that the one who put the former query to me will very shortly be empowered to decide legal questions in Israel." As a matter of fact, it was not long after when this came to pass.

There were three priests. One of them said: "My share (of the showbreads) was about the size of a bean." The other said: "My share was about the size of an olive." And the third one said: "My share was about the size of a lizard's tail." When the language of the last was heard, an investigation was made, and it was found that he was not a genuine priest.

There was a certain Aramæan who was wont to come to Jerusalem every Passover and, representing himself to be an Israelite, would partake of the paschal lamb. When he came back home in the city of Nisibis, he said to R. Jehudah ben Bathyra: "In your Law it is written [Exod. xii. 48]: 'But no uncircumcised person shall eat thereof.' Yet I go to Jerusalem every year and eat of the best of the paschal lamb." Said R. Jehudah ben Bathyra to him: "Did they then give thee some of the fat of the tail?" and he answered: "Nay." So R. Jehudah advised him when he should go there again to ask for it. When the Aramæan came to Jerusalem the following year, he asked that he be given some of the fat of the tail. Said they to him: "Who told thee that thou couldst have it? Is not the fat of the tail sacrificed on the altar?" and he answered them: "R. Jehudah ben Bathyra told me." Said they: "What does this mean?" (Surely R. Jehudah knoweth that this cannot be.) Accordingly an investigation was made and it was found out that the man was an Aramæan, and not an Israelite, and he was punished

p. 5

for the deception. To R. Jehudah ben Bathyra, however, they sent the following message: Peace be with thee, R. Jehudah ben Bathyra, who sittest in Nisibis and castest thy net in Jerusalem.

R. Kahana became ill. So the sages sent R. Jehoshua the son of R. Idi to find out what ailed R. Kahana. He came and found that R. Kahana's soul had already passed to its rest. R. Jehoshua accordingly made a rent in his garment, but made it so that it could not be perceived, and came back weeping. The sages asked him: "Is the soul of R. Kahana gone to its rest?" and he answered: "Yea, it is; but I did not care to tell of it; for it is written [Proverbs x. 18]: 'He that spreadeth abroad an evil report is a fool.'"

Johanan of Hakukah (according to Rashi and Tosphath, but according to Rabbenu Hananel Johanan the Scribe) went out into the villages. Upon his return he was asked whether the wheat-crop was a success. He answered: "Barley is plentiful." They rejoined: "Go and report that to the horses and asses, as it is written [I Kings v. 8]: 'The barley and the straw also for the horses,'" etc. What then should Johanan have said? He ought to have said: Last year's crop was good or lentils are plentiful (i.e., spoken of something fit for human beings to eat).

There was a man who used to go about and at every opportunity would say "Dono Dini" (Judge ye my judgment). Whence it was inferred that the man was one of the tribe of Dan, concerning whom it is written [Gen. xlix. 16]: "Dan shall judge his people, as one of the tribes of Israel."

There was another man who continually used to say: "On the edge of the sea will I build my palaces." It was said, that the man was probably of the tribe of Zebulon, concerning whom it was written [ibid. 13]: "Zebulon shall dwell at the edge of the seas."

A question was propounded to R. Na'hman bar Itz'hak: "If a man let a house to another on the fourteenth (of Nissan), who of the two men must search for leavened bread? Shall we say, the one who let the house, because whatever leavened bread there may be in the house is his, or that the renter must search for it, because it will be found in his domicile?" Answered R. Na'hman bar Itz'hak: "This was taught in a Boraitha, viz.: If a man let a house to another and have not yet delivered the keys before the fourteenth of Nissan, he must

p. 6

search for leavened bread; but if the keys were delivered on the fourteenth, the renter must search for it."

Another question was propounded to the same R. Na'hman: "How is it, if a house was rented on the fourteenth (of Nissan) (and it is not known whether the leavened bread had been searched for or not), shall we assume, that if the house was rented from an Israelite, there is no question, but that the leavened bread had been searched for on the preceding night, or shall we not assume such to be the case?" ["What question was this: Let the man who let the house be asked." "In case the man who let the house could not be found] must the renter be troubled to go and search for leavened bread under those circumstances or not?" and R. Na'hman replied: "We have learned this in a Boraitha: 'All persons are credited if they assert, that the leavened bread was removed, even women, slaves, and minors.'" Why are they credited? Because the probability is that such was the case; and the entire law concerning the search for leavened bread is merely a rabbinical institution, the biblical law holding it to be sufficient, if the use of the leavened bread was renounced in thought only; hence where a rabbinical regulation was concerned, anyone testifying that it had been complied with, was credited by the Rabbis.

The schoolmen propounded a question: "If a man let a house to another and told him, that he had already searched for leavened bread; but it was subsequently proven, that he had not, what is the law governing this case? Shall we say, that the renter may on that ground withdraw from his agreement (and not rent the house), or that the agreement is nevertheless binding?" Come and hear: Abayi said: "Not only in such places where the search for leavened bread is not paid for is the agreement binding, because it is more satisfactory to a man to perform a religious duty himself; but even in such places, where men are hired and paid to make search for leavened bread, the agreement is binding, because it is more pleasing to a man to accomplish a religious duty with his own money."

Said R. Jehudah in the name of Rabh: "One who finds leavened bread in his house on the festival (of Easter) should cover it with a vessel (because it must not be handled)." Said Rabha: If the leavened bread was not his property but was consecrated, he need not even cover it with a vessel (because the article being consecrated there is no fear of its being eaten, and people as a rule keep away from consecrated things).

p. 7

The same said again in the name of the same authority: "If there was leavened bread belonging to a Gentile in the house of a man, he should make a partition ten spans high as a sign that it should not be touched, but if the leavened bread was consecrated he need not make that partition (because the bread being consecrated there is no fear of it being eaten)."

He said again in the name of Rabh: "One who leaves his house to go to sea or to go with a caravan prior to thirty days before the Passover, he need not search for leavened bread; but if he goes away within the thirty days preceding the Passover, he must burn the unleavened bread in his house." Said Abayi: "A man who leaves his house within the thirty days preceding Passover must burn the unleavened bread if his intention is to return on the Passover, but if such is not his intention, he need not do this," and Rabha rejoined: "If a man leave his house and intend to return on the Passover, he must burn the unleavened bread even on the New Year day. Why only if he leave within the thirty days before Passover? Therefore," explained Rabha, "the rule that one need not search for the unleavened bread if he leaves prior to thirty days before Passover applies to one who does not intend to return on Passover, but if his intention is to return on Passover, he must do this even if he leaves on New Year day." And Rabha decrees thus in accordance with his theory elsewhere, namely: If one turned his house into a warehouse prior to thirty days before Passover and there was leavened bread in that house, he need not search for it (because, when the Passover arrives, the leavened bread will lie underneath the grain stored in that warehouse); but if he did this within thirty days preceding Passover, he must search for leavened bread (notwithstanding the fact that it will lie underneath the grain; for during these thirty days the duty to search for leavened bread is already incumbent upon him, whereas prior to that time he was not even supposed to think of removing the leavened bread). Concerning the statement, that one need not search for the leavened bread if he turned his house into a warehouse prior to thirty days before Passover, it holds good only if he did not intend to do this before Passover; but if he did intend to turn his house into a warehouse before Passover, he must search for the leavened bread even then.

Why are thirty days particularly specified? It is as we have learned in a Boraitha, viz.: "One may inquire and preach concerning the laws of Passover thirty days previous to that festival."

p. 8

[paragraph continues] R. Simeon ben Gamaliel said: "Two weeks before." (Why does the first Tana prescribe thirty days?) Because Moses at the time of the first Passover already made the regulations concerning the second Passover (which was celebrated thirty days later), as it is written [Numbers ix. 2]: "That the children of Israel shall prepare the Passover lamb at its appointed season," and [ibid. 10 and 11]: "Speak unto the children of Israel," etc . . . . .. In the second month, on the fourteenth day," etc. Why, then, does R. Simeon ben Gamaliel not agree with the first Tana? Because he holds, that Moses only enacted those regulations because it was Passover (yet this should not be made a general rule; hence two weeks are sufficient).

R. Jehudah said in the name of Rabh: "He who searches for the leavened bread must at the same time renounce its use in his mind." Why so? On account of the crumbs? Those are of no value! Said Rabha: The reason is, lest he find a useful piece of bread and will not care to burn it (in which case should he even hold it for one second he will transgress the law of "There shall be no leavened bread in thy house," etc.). Can he not renounce its use as soon as he perceives it? It may be, however, that he will not find it until it is too late to renounce its use, for R. Elazar said: "Two things are without the province of man; but the Law made him responsible for them nevertheless, as if they were his property, and they are: A pit in public ground (concerning which a man is responsible if another falls into it as explained in Tract Babah Kamma) and leavened bread after the sixth hour (on the fourteenth of Nissan); although the bread is no more in his possession, still he is responsible for it."

Let the man then renounce the use of the bread in the fourth or fifth hour? As that is not the time either for searching or for burning, there is fear lest a man forget to do this at that time. Let him renounce its use then in the sixth hour, when he is about to burn it. (This being according to a rabbinical enactment illegal, makes it the equivalent of a biblical prohibition?) (As R. Giddel said in the name of Rabh. Vide Chap. II., page 31.)

It is said, that after the prohibition to use bread had already gone into effect, it is not allowed to renounce its use, have we not learned in a Boraitha: "If a man sate in the house of learning and was suddenly reminded that he had not removed the leavened bread from his house, he may renounce its use in thought,

p. 9

whether this happened on a Sabbath or on a festival?" This would be correct if the eve of Passover fell on a Sabbath; but how can this be done on the festival itself (for it is already Passover and the leavened bread is no longer the property of the man, how then can he renounce its use)?

Said R. A'ha bar Jacob: The case referred to is that of a scholar who sits before his master (and cannot leave without his consent) and having been reminded that there is some dough still in his house, which would shortly become leaven, he may renounce its use before it becomes leaven. This can be inferred from the Boraitha itself, which distinctly states "if a man sate in the house of learning" (and if he had leavened bread in the house, what difference would it otherwise make, whether he sat in the house of learning or elsewhere)? Hence the inference.

Rabba bar R. Huna said in the name of Rabh: "If musty bread was found in a chest used for unleavened bread and for leavened bread, and the chest was used more for unleavened bread than for leavened, the musty bread may be used." How was the case? If it was known that this bread was leavened, it would not be of any consequence that the chest was used more for unleavened bread; but if it was not known whether that bread was leavened or not, why say, that the chest was used more for unleavened bread? The question at issue would then be for what purpose it was used last--for leavened or unleavened bread. The use it was put to last is the main issue, as we have learned elsewhere (Tract Shekalim, Ch. VII., Mishna 2) concerning money found in Jerusalem: "If found during the festivals, it is regarded as second tithes, and if at other times of the year, it is ordinary money"; and R. Shemaya bar Zera said: "If money was found on the day following the festivals, why should it not be considered second tithes, because the markets of Jerusalem were as a rule swept daily?" whence we see, that the last contingency is the one to be considered, why not apply this to the case of the musty bread? In the case of musty bread it is different. The very fact of its having become musty is sufficient evidence that it was not of recent use. Of what benefit then would it be to ascertain that the chest had been used more for unleavened bread than for leavened? If the bread is musty it is no doubt leavened bread? Said Rabba: Do not say, that Rabh meant to state, "if the chest was used more for unleavened than for leavened bread, but the days on which unleavened

p. 10

bread was used outnumbered those on which leavened bread had been previously used." If so, the case would be self-evident. Why does Rabh come to tell us this? Rabh means to state, that because the bread was very musty it might be assumed that it had been left over from the leavened bread, and he would tell us that this is not so, but that it may have been an instance of where unleavened bread had been baked on the first day of Passover and a piece was thrown into that chest, thus becoming musty.

R. Jehudah said: "He who searches for leavened bread must pronounce a benediction." How should he pronounce the benediction? R. Papi said in the name of Rabha: "Blessed be He, etc., who commanded us to remove the leavened bread," and R. Papa said in the name of Rabha: "Blessed be He, etc., who hath commanded the removal of leavened bread." Concerning the benediction which reads "commanded us to remove," etc., all agree that the words "to remove," signify an act which may be performed later; but as for the benediction "commanded the removal," R. Papi holds that "the removal" signifies an act already accomplished, while R. Papa maintains that it may refer to an act about to be accomplished. The Halakha prevails, that the benediction must be pronounced upon the removal" (in the same manner as the benediction upon "circumcision").