Chapter X

Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER X.

§ 1. Whoever [on the Sabbath] finds tephilin [on the road], must [match them, and] bring them [into the town or village] in separate pairs, [one for the head, and one for the arm]. Rabbon Gamaliel' saith, "He brings in two pair [at a time]. To what does this rule apply? To old [tephilin, such as have been already used], but [if they be] new he is absolved [needs not do so]. If he find them tied up ill pairs, or all tied together, he must stay by them till dark [when Sabbath goes out], and then bring them in; but in [time of] danger [religious persecution], he [only] covers them up, and passes on."

§ 2. R. Simeon saith, "He must reach them to his neighbour [the one who happens to be next to him], who [reaches them] to his neighbour, [and so on, from hand to hand], until the outmost court [of the town or village]; so, likewise, his child, [if it be born on the field or road on the Sabbath], he must reach it to his neighbour, [the one who happens to be next to him] and he to his neighbour, [and so on from hand to hand], even though [it have to pass through] an hundred

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[paragraph continues] [hands]." R. Jehudah saith, "In like manner, a man may pass a cask of wine [which he has found on the road on the Sabbath] to his neighbour, and he to his neighbour; [and so on from hand to hand], even beyond the techoom: "but the sages objected, "the cask cannot be conveyed further than its owners are entitled to go."

§ 3. If a man reads in a roll [of the law] on the threshold [of the house], and the roll slips out of his hand, he may draw it back again, [and pick it up]. If a man reads [in a roll of the law] on the roof [of the house], and the roll slips out of his hand, he must, if it has not rolled the distance of ten hands [into the public reshuth], draw it back again; but if it has reached [the distance] of ten hands [in the public reshuth], the must turn the writing over [downwards, to the wall, and leave it till nightfall]. R. Jehudah saith, "If the roll be but the breadth of a needle from the ground, a man is to roll it back again to himself." R. Simeon saith, "Even though it be completely on the ground a man is to roll it back to himself [and pick it up], for no precept respecting Sabbath-rest stands [good] before [the veneration due to] the sacred writing.

§ 4. On a ledge outside a window ¹ it is permitted to place [brittle] vessels, and to remove them therefrom on the Sabbath. A man may stand in the private reshuth, and move [things that are] in the public reshuth; [or he may stand] in a public reshuth, and move [things that are] in the private reshuth; provided always, that he [the first-mentioned] move them not beyond four amoth.

§ 5. A man must not, standing in a private reshuth, make water in the public reshuth [on the Sabbath; nor must he, standing] in the public reshuth, make water in a private reshuth. In like manner, he must not [standing in one reshuth] spit [into another]. R. Jehudah saith, "He who [coughing] has brought up phlegm into his mouth, must not go four amoth before he expectorates."

§ 6. A man must not, standing in a private reshuth, drink in the public reshuth, [nor yet, standing] in the public reshuth, drink in a private reshuth, unless he place his head, and the greater part of his body, within the place in which he drinks. [Such is] likewise [the law] [with respect] to a vine press. ² A man may catch [water dropping]

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from a spout on the roof, within ten hands from the ground; but from a projecting spout [pipe] he may drink in any manner [he pleases].

§ 7. A reservoir that is in the public reshuth, should its inclosure be ten hands high, it is lawful to draw water therefrom [on the Sabbath] through any aperture [window] that is above it. A dunghill in the public reshuth, which is ten hands high, it is lawful [on the Sabbath] to pour water on, through any aperture [window] above it.

§ 8. [If branches of] a tree droop, and cover the ground around it, so that the tips of its twigs be within three hands from the ground, it is lawful to move [things] beneath it [on the Sabbath]. Should its roots project three hands high out of the ground, it is not permitted to sit thereon. The shutters of a drying [bleaching] ground, or [such] thorn bushes [as are used to put] into gaps [breaches in the wall to fill them up], or reed mats, must not be used to close [avenues] therewith, unless they be [placed somewhat] above the ground.

§ 9. A man must not, standing in a private reshuth, unlock with a key [something] in the public reshuth, [nor must he, standing] in the public reshuth, unlock with a key something in a private reshuth, unless he has previously made a partition ten hands high [round the spot on which he stands]. Such is the dictum of R. Meir; but the sages objected "that it was the custom in the stall-feeders’ ³ market, at Jerusalem, to lock up the shops, and place the key in the window [aperture] above the door." ⁴ R. José saith, "[This was done] in the wool-market."

§ 10. A loose bolt, ⁵ with a knob to it, is prohibited [to use on the Sabbath]. Such is the dictum of R. Eleazar: but R. José permits [its use]. R. Eleazar said, "It happened in the Synagogue at Tiberias that it was customary to use such [a bolt], until Rabbon Gamaliel and the elders came and permitted its use." But R. José replied, "[On the contrary], they abstained from its use [as unlawful], until Rabbon Gamaliel and the elders came and permitted [its use]."

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§ 11. A loose bolt, that [is fastened to a rope], and hangs down [towards the ground], they may [only use to] fasten up with, in the Temple, but not in the country; ⁶ but a bolt that is fixed [into the building itself] is prohibited in either place. R. Jehudah saith, "A fixed bolt may be used in the Temple, and a loose bolt in the country."

§ 12. In the Temple, the lower hinge of a cupboard-door may be refitted [into its place on the Sabbath], but [this must] not [be done] in the country. R. Jehudah saith, "The upper hinge [may be refitted] in the Temple, and the lower one [in the country].

§ 13. They [priests who minister] may replace a plaster on a wound, [which plaster they had taken off to perform the service] in the Temple; but [this must] not [be done] in the country. [To put] the first [plaster on a wound on the Sabbath] is in either place [alike] prohibited. They [Levites performing on musical instruments] may tie a string [of an instrument, which has burst in the middle, on the Sabbath], in the Temple; but [this must] not [be done] in the country. [To put] a new string [on the Sabbath] is in either place [alike] prohibited. They [the ministers] may remove a wart ⁷ [from an animal on the Sabbath] in the Temple, but [this must] not [be done] in the country; by [means of] an instrument, [it] is, in either place, [alike] prohibited [so to do].

§ 14. A priest [ministering], who hurts his finger, may bind it up with reeds in the Temple [on the Sabbath], but [this must] not [be done] in the country. To squeeze out the blood is, in either place, [alike] prohibited. They may strew salt on the stairs [of the altar, on the Sabbath], that they [ministering priests] slip not down; also draw water from the well Gola, and from the large, well, with the rolling wheel, on the Sabbath, and from the cold well ⁸ on festivals.

§ 15. [Should the carcass of] a dead reptile be found in the Temple [on the Sabbath], the priest moves it out with his belt, as the unclean thing must not remain [within the Temple]. Such is the dictum of R. Jochanan ben Beroka; but R. Jehudah saith, "It must be removed with wooden pincers, that the uncleanness spread not further." From whence is it to be moved out? From the inner Temple, from the hall, and from the interspace between the hall and the altar. Such is the dictum of R. Simeon ben Nonos; but R.

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[paragraph continues] Eleazar saith, "Every place, [the entering of which by an unclean person], if intentionally, [exposes him] to be cut off from his people; and if inadvertently, to bring a sin-offering, it must be removed out from. In all other places [within the precincts of the Temple], it, [the reptile] is to be covered with a copper vessel [till after the day of rest, when it is removed]." R. Simeon saith, "In whatsoever the sages permitted, they only grant thee that [the right to do] which is thine own; inasmuch, as what they allow only could become unlawful through [their] enactments of the Sabbath-rest."

Footnotes

93:1 Which projects into the public reshuth, and is within ten hands above the ground; as, beyond that height, the air does not form part of the public reshuth. (Vide Introduction to Treatise Sabbath.)

93:2 This refers to the law of tithes. Wine may be drunk in the wine-press, but not out of it, before it has been tithed.

94:3 Those who sold stalls for cattle.

94:4 So that when the shop [a private reshuth] was to be opened, the owner stood in the public reshuth to unlock it, without any partition; which, consequently, is not necessary.

94:5 The manner of fastening was by means of ropes, or leather thongs, to which loose bolts were fixed.

95:6 Any place other than the Temple at Jerusalem is styled the country.

95:7 Which is a blemish to an animal intended for sacrifice. (Vide Lev, xxii. 22.)

95:8 Three wells within the precincts of the Temple.