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

CHAPTER III.

§ 1. It is prohibited to catch fish from ponds on the festival, or to feed them on that day; 1 but it is lawful to catch wild animals or fowls in enclosed parks or aviaries, and to provide them with food. 2 Rabbon Simeon, son of Gamaliel, says, "All fish-ponds and enclosures are not [to be considered in] the sane [light], this is the general rule: if the fish or animals therein require [on account of its extent], to be chased, or some device to be used, in order to take them, they may not be taken on the festival; but it is lawful to take them if they do not require such pursuit or device to be used." 3

§ 2. It is unlawful to take on the festival from nets which have been spread on the previous day, any fish, wild animal, or fowl, which may have become entangled therein, unless it is known

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that they had been caught in the nets previous to the commencement of the festival. It once happened that a heathen brought, on the festival, a present of fish to Rabbon Gamaliel; when the latter said, "It is lawful to use them, but I do not wish to accept presents from that man."

§ 3. It is unlawful to kill on the festival any animal labouring under a mortal disease, unless there is time to eat thereof on that day, the [minimum] quantity of the size of an olive of roasted meat; Rabbi Akivah allows it, if there be only sufficient time to eat thereof a piece of the size of an olive of raw meat, even in the very place in which it is slaughtered. If it had been killed in the fields, the whole [carcase] may not be carried home on a staff or stick, but piecemeal, by hand.

§ 4. If a first-born animal 4 fall into a pit or hole on the festival, [and the owner is afraid it should die there], R. Jehudah says, "An expert person must go down, and see whether it had [already] an incurable and permanent injury, in which case, it may be drawn up and killed, but not otherwise." Rabbi Simeon says, "If the defect or injury had not been known [for certain] to exist thereon, previous to the festival, and to be of a permanent nature, the animal cannot be considered as prepared for the feast."

§ 5. An animal [consecrated for sacrifice] which had died on the festival, may not be removed thereon. It happened once, when Rabbi Tarphon was questioned on the subject, and also concerning a separated piece of dough [‏חלה‎] which had become polluted, he went to the ‏בית המדרש‎ [college of the Rabbins] and enquired: they told him, "They may not be removed from the spot."

§ 6. An association for the purpose of jointly purchasing an animal, may not be formed on the festival; but if it was made before the festival, the animal so purchased may be slaughtered and shared on the festival. Rabbi Jehudah says, "It is lawful to weigh meat against a vessel or hatchet;" 5 but the sages say it is unlawful to use the scales at all. 6

§ 7. Knives may not be ground or set on the festival; but it is

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lawful to sharpen one knife with the other. It is not allowed to say to a butcher, "Weigh, or sell me for a denar’s 7 worth of meat," but [the butcher] has the animal killed, and shares it among 8 [his customers].

§ 8. One person may say to another [on the festival], "Fill me this vessel," but it must not be a vessel appropriated to measure with. R. Jehudah says, "If a measure is used, it must not be quite filled." Abba Saul, the son of Botnit, used to fill his measures on the day before the festival, and delivered them to his customers on the festival; Abba Saul says, "He used to do so even on the middle-days, 9 on account of the froth in the measure;" 10 the sages say he even did so on week-days, in order to let out the entire contents of his measure into the vessels of his customers. 11 It is lawful to go to a shop-keeper, with whom one is used to deal, and to say to him, "Give me so many [mentioning the number] eggs or nuts," because the master of a house is used to count similar articles by number.

Footnotes

149:1 Because they may without injury be left for a day without being fed.

149:2 Because they are dependant on man for food.

149:3 That is, when in small ponds, aviaries, or enclosures where they may easily be taken, and are considered as ‏מוכן‎ prepared for the festival.

150:4 This treats of a first-born animal which had some bodily injury, but which had not yet been shown to expert persons to decide whether the injury was permanent and incurable, in which case it was not consecrated, and might be used.

150:5 After the festival the vessel or hatchet is weighed, and the meat paid for accordingly, but it is not lawful to use the ordinary weights on the festival.

150:6 Even to keep meat in, or for a similar purpose.

151:7 An ancient coin, a denarius.

151:8 But neither money nor weight may be mentioned or used in the transaction.

151:9 Because he was engaged all day in the study of the law with those who came to celebrate the festival.

151:10 Being exceedingly scrupulous, he used to fill his measures, and let them remain all night, that the froth might subside, and in the morning he filled them up with wine, that his customers might have their full measure of wine.

151:11 When he sold oil he used to let his measure drain all night into the vessel or utensil of his customer, that not a drop might adhere to the sides or bottom of his own measure.