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


CHAPTER I.

§ 1. An egg laid on the festival may be eaten thereon, according to Beth Shammai; but Beth Hillel are of opinion, it may not be eaten. Beth Shammai also decide, "that leaven of the size of an olive, and leavened bread, of the size of a date, [must be removed before Passover];" but Beth Hillel say, "both are to be removed when of the size of an olive [only]."

§ 2. When a person wishes to kill on the festival a wild animal, or

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fowl, he may, according to Beth Shammai, "remove with a spade, which had been stuck in the ground [before the festival], the loose earth, and cover the blood therewith." But Beth Hillel will not permit to kill on the festival, unless the person has prepared the earth to cover with on the day preceding the feast. Both colleges, however, agree that in case a person did kill, he may dig with a spade to obtain earth to cover with. Ashes from the hearth may be considered as "prepared" for use.

§ 3. Beth Shammai say, "It is prohibited to remove a ladder from one dove-cote to another; it may, however, be removed from one opening to another of the same dove-cote." But Beth Hillel allow both. Beth Shammai say, "It is unlawful to remove the birds from their places, unless they had been shaken [or touched] before the festival." 1 But Beth Hillel say, "It is unnecessary to do more than, standing before the next, 2 to say, This and that bird will I take for the festival."

§ 4. If a person who had prepared for the festival black pigeons, finds white ones, or having prepared white pigeons, should find black ones; or two birds, and he find three, they may not be used. If three birds had been prepared, and two only are found, they may be used, but if they had been "prepared" within the nest, and are found before the nest, they may not be used, unless there were no other birds but these in the dove-cote.

§ 5. The shutters of moveable stalls 3 may not be removed on the festival according to Beth Shammai; but Beth Hillel allow not only this, but also to replace then. Beth Shammai say, "The [large wooden] pestle may not be moved for the purpose of using it as a block to cut meat upon;" but Beth Hillel allow it. Beth Shammai teach, "That it is unlawful to lay down a skin to be trodden on [as a preparation for its being tanned], or to raise it from the ground, unless the [minimum] quantity of meat of the size of an olive be thereon;" but Beth Hillel allow it. Beth Shammai teach, "That it is unlawful to carry out into a public place on the festival, a child, a [loolab], or palm-branch, &c., or a roll of the law;" but Beth Hillel allow it.

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§ 6. Beth Shammai hold it to be unlawful to carry to the priest on the festival ‏חלה‎, or other gifts [belonging to the priests], whether they had been set apart for that purpose on that day, or on the day previous; but Beth Hillel allow it. Beth Shammai alleged to them in support of their decision, the similarity of expression in both, and said, ‏חלה‎ and other priestly dues are called gifts [‏מתנות‎], due to the priests: ‏תרומה‎, or heave-offering, is also one of these gifts; now, even as heave-offering may not be carried to the priest on the festival, thus must it be equally unlawful to bring to him any other priestly "gifts" on that day. But Beth Hillel reply, "That which is affirmed of the heave-offering cannot apply to the other gifts, 4 for that cannot be incurred on the festival, but the other gifts may."

§ 7. Beth Shammai say, "Spices may be pounded on the festival with a wooden pestle only, and salt with an earthenware jug, or with a large wooden spoon." But Beth Hillel say, "Spices may be, as usual, pounded with a stone pestle, and salt with a wooden spoon."

§ 8. When a person picks pulse on the festival, he may, according to Beth Shammai, only pick out the eatable part and eat it; but according to Beth Hillel he may pick it as usual in his lap, in a basket with holes, or in a large dish, but not on a large table, or through a small or large sieve. Rabbon Gamaliel says, "It is lawful to pour water thereon, and remove the part not fit to eat, by hand."

§ 9. Beth Shammai teach, "that it is unlawful for one person to send to another as a present on the festival, any thing but eatables." 5 Beth Hillel permit to send even cattle, game, and poultry, 6 either dead or alive; also, presents of wine, oil, fine flour, and pulse, but not grain. 7 But R. Simeon permits also to send grain. 8

§ 10. It is also lawful to send clothes, sewed or not, even of "Kilaim," in case they are used on the festival, but not sandals with iron nails, 9 or unsewed [unfinished] shoes. R. Jehudah says,

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[paragraph continues] "Neither may white shoes be sent, because they require an artificer to make them fit for use." 10 This is the general rule: whatever can be used on the festival may be sent as a present thereon.


Footnotes

145:1 To "prepare" them to he used on the festival.

145:2 Without actually handling the birds.

145:3 The stalls here mentioned were used by spice vendors, they had the form of a box, with moveable lids or partitions, which were taken out and used as a table to expose thereon the spices for sale.

146:4 And consequently there is no similarity between them, inasmuch as the obligation to separate the heave-offering cannot be incurred on the festival it being unlawful to go to the heap of corn for that purpose (see further ch. V), but the other gifts, such as ‏חלה‎, &c. may become obligatory, inasmuch as it is permitted to kill cattle, and to make dough on the festival.

146:5 In slices, or pieces.

146:6 The whole carcase.

146:7 Because that requires grinding, which is not permitted on the festival.

146:8 He allows it inasmuch as it is possible that a small part may be pounded in a mortar [which is permitted], and be made into a cake, to be eaten on the festival.

146:9 On account of an event related in Treatise Sabbath, ch. VII. § 2.

147:10 In the country or place of R. Jehudah white shoes were not worn (Bartenora).


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