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APP.

XVII

again eaten of the size of half an olive, he would be guilty, because the palate had altogether tasted food to the size of a whole olive; but if one had deposited in another locality a burden of the weight of half a fig, and removed it again, it involved no guilt, because the burden was altogether only of half a fig, nor even if the first half fig's burden had been burnt and then a second half fig introduced. Similarly, if an object that was intended to be worn or carried in front had slipped behind, it involved no guilt, but if it had been intended to be worn or carried behind, and it slipped forward, this involved guilt, as involving labour.

Similar difficulties were discussed as to the guilt in case an object were thrown from a private into a public place, or the reverse. Whether, if an object was thrown into the air with the left, and caught again in the right hand, this involved sin, was a nice question, though there could be no doubt a man incurred guilt if he caught it with the same hand with which it had been thrown, but he was not guilty if he caught it in his mouth, since, after being eaten, the object no longer existed, and hence catching with the mouth was as if it had been done by a second person. Again, if it rained, and the water which fell from the sky were carried, there was no sin in it; but if the rain had run down from a wall it would involve sin. If a person were in one place, and his hand filled with fruit stretched into another, and the Sabbath overtook him in this attitude, he would have to drop the fruit, since if he withdrew his full hand from one locality into another, he would be carrying a burden on the Sabbath.

It is needless to continue the analysis of this casuistry. All the discussions to which we have referred turn only on the first of the legal canons in the tractate 'Sabbath.' They will show what a complicated machinery of merely external ordinances traditionalism set in motion; how utterly unspiritual the whole system was, and how it required no small amount of learning and ingenuity to avoid committing grievous sin. In what follows we shall only attempt to indicate the leading points in the Sabbath-legislation of the Rabbis.

Shortly before the commencement of the Sabbath (late on Friday afternoon) nothing new was to be begun; the tailor might no longer go out with his needle, nor the scribe with his pen; nor were clothes to be examined by lamp-light. A teacher might not allow his pupils to read, if he himself looked on the book. All these are precautionary measures. The tailor or scribe carrying his ordinary means of employment, might forget the advent of the holy day; the person examining a dress might kill insects, which is strictly forbidden on the Sabbath, and the teacher might move the lamp to see better, while the pupils were not supposed to be so zealous as to do this.

These latter rules, we are reminded, were passed at a certain celebrated discussion between the schools of Hillel and Shammai, when the latter were in the majority. On that occasion also opposition to the Gentiles was carried to its farthest length, and their food, their language, their testimony, their presence, their intercourse, in short, all connection with them denounced. The school of Shammai also forbade to make any mixture, the ingredients of which would not be wholly dissolved and assimilated before the Sabbath. Nay, the Sabbath law was declared to apply even to lifeless objects. Thus, wool might not be dyed if the process was not completed before the Sabbath. Nor was it even lawful to sell anything to a

1 Here such questions are raised as what constitutes the beginning, for ex., of shaving or of a bath.

2 To kill such vermin is, of course, strictly forbidden (to kill a flea is like killing a camel).

Rules are given how to dispose of such insects On the same occasion some curious ideas are broached as to the transformation of animals, one into another.

THE TALMUDIC SABBATH-LAW.

heathen unless the object would reach its destination before the Sabbath, nor to give to a heathen workman anything to do which might involve him in Sabbath work. Thus, Rabbi Gamaliel was careful to send his linen to be washed three days before the Sabbath. But it was lawful to leave olives or grapes in the olive- or wine-press. Both schools were agreed that, in roasting or baking, a crust must have been formed before the Sabbath, except in case of the Passover lamb. The Jerusalem Talmud, however, modifies certain of these rules. Thus the prohibition of work to a heathen only applies, if they work in the house of the Jew, or at least in the same town with him. The school of Shammai, however, went so far as to forbid sending a letter by a heathen, not only on a Friday or on a Thursday, but even on a Wednesday, or to embark on the sea on these days.

It being assumed that the lighting of the Sabbath-lamp was a law given to Moses on Mount Sinai, the Mishnah proceeds, in the second chapter of the tractate on the Sabbath, to discuss the substances of which respectively the wick and the oil may be composed, provided always that the oil which feeds the wick is not put in a separate vessel, since the removal of that vessel would cause the extinction of the lamp, which would involve a breach of the Sabbath law. But if the light were extinguished from fear of the Gentiles, of robbers, or of an evil spirit, or in order that one dangerously ill might go to sleep, it involved no guilt. Here, many points in casuistry are discussed, such as whether twofold guilt is incurred if in blowing out a candle its flame lights another. The Mishnah here diverges to discuss the other commandments, which, like that of lighting the Sabbath lamp, specially devolve on women, on which occasion the Talmud broaches some curious statements about the heavenly Sanhedrin and Satan, such as that it is in moments of danger that the Great Enemy brings accusations against us, in order to ensure our ruin; or this, that on three occasions he specially lies in ambush when one travels alone, when one sleeps alone in a dark house, and when one crosses the sea. In regard to the latter we may note as illustrative of St. Paul's warning not to travel after the fast (Day of Atonement), that the Jewish proverb had it: When you bind your Lulav1 (at the Feast of Tabernacles) bind also your feet'-as regards a sea-voyage (Jer. Shabb. 5 b, Ber. R. 6).

The next two chapters in the tractate on the Sabbath discuss the manner in which food may be kept warm for the Sabbath, since no fire might be lighted. If the food had been partially cooked, or was such as would improve by increased heat, there would be temptation to attend to the fire, and this must be avoided. Hence the oven was immediately before the Sabbath only to be heated with straw or chaff; if otherwise, the coals were to be removed or covered with ashes. Clothes ought not to be dried by the hot air of a stove. At any rate, care must be taken that the neighbours do not see it. An egg may not be boiled by putting it near a hot kettle, nor in a cloth, nor in sand heated by the sun. Cold water might be poured on warm, but not the reverse (at least such was the opinion of the school of Shammai), nor was it lawful to prepare either cold or warm compresses. Nay, a Rabbi went so far as to forbid throwing hot water over one's self, for fear of spreading the vapour, or of cleaning the floor thereby! A vessel might be put under a lamp to catch the falling sparks, but no water might be put into it, because it was not lawful to extinguish a light. Nor would it have been allowed on the Sabbath to put a vessel to receive the drops of oil that might fall from the

1 The Lulav (5) consisted of a palm with myrtle and willow branch tied on either side of it, which every worshipper carried on

the Feast of Tabernacles (Temple and its
Services,' p. 238).

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APP.

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APP.
XVII

lamp. Among many other questions raised was this: whether a parent might take his child in his arms. Happily Rabbinic liberality went so far as not only to allow this, but even in the supposed case that the child might happen to have a stone in its hands, although this would involve the labour of carrying that stone! Similarly, it was declared lawful to lift chairs, provided they had not, as it were, four steps, when they must be considered as ladders. But it was not allowed to draw chairs along the floor, as this might produce a rut or cavity in the floor, although a carriage might be moved, since the wheels would only compress the soil but not produce a cavity (comp. also in the Bab. Talmud, Shabb. 22 a; 46; and Bez. 23 b).

Again, the question is discussed, whether it is lawful to keep the food warm by wrapping around a vessel certain substances. Here the general canon is, that all must be avoided which would increase the heat; since this would be to produce some outward effect, which would be equivalent to work.

In the fifth chapter of the tractate we are supposed to begin the Sabbath morning. Ordinarily, the first business of the morning would, of course, have been to take out the cattle. Accordingly, the laws are now laid down for ensuring Sabbath rest to the animals. The principle underlying these is, that only what serves as ornament, or is absolutely necessary for leading out or bringing back animals, or for safety, may be worn by them; all else is regarded as a burden. Even such things as might be put on to prevent the rubbing of a wound, or other possible harm, or to distinguish an animal, must be left aside on the day of rest.

Next, certain regulations are laid down to guide the Jew when dressing on the Sabbath morning, so as to prevent his breaking its rest. Hence he must be careful not to put on any dress which might become burdensome, nor to wear any ornament which he might put off and carry in his hand, for this would be a 'burden.' A woman must not wear such headgear as would require unloosing before taking a bath, nor go out with such ornaments as could be taken off in the street, such as a frontlet, unless it is attached to the cap, nor with a gold crown, nor with a necklace or nose-ring, nor with rings, nor have a pin in her dress. The reason for this prohibition of ornaments was, that in their vanity women might take them off to show them to their companions, and then, forgetful of the day, carry them, which would be a 'burden.' Women are also forbidden to look in the glass on the Sabbath, because they might discover a white hair and attempt to pull it out, which would be a grievous sin; but men ought not to use lookingglasses even on weekdays, because this was undignified. A woman may walk about her own court, but not in the street, with false hair. Similarly, a man was forbidden to wear on the Sabbath wooden shoes studded with nails, or only one shoe, as this would involve labour; nor was he to wear phylacteries nor amulets, unless, indeed, they had been made by competent persons (since they might lift them off in order to show the novelty). Similarly, it was forbidden to wear any part of a suit of armour. It was not lawful to scrape shoes, except perhaps with the back of a knife, but they might be touched with oil or water. Nor should sandals be softened with oil, because that would improve them. It was a very serious question, which led to much discussion, what should be done if the tie of a sandal had broken on the Sabbath. A plaster might be worn, provided its object was to prevent the wound from getting worse, not to heal it, for that would have been a work. Ornaments which could not easily be taken off might be worn in

1 Literally, a needle which has not an eyelet. Of course, it would not be lawful for a modern Jew-if he observe the Rabbinic Law-to carry a stick or a pencil on the Sabbath, to drive, or even to smoke.

THE TALMUDIC SABBATH-LAW.

one's courtyard. Similarly, a person might go about with wadding in his ear, but
not with false teeth nor with a gold plug in the tooth. If the wadding fell out of
the
ear, it could not be replaced. Some, indeed, thought that its healing virtues
lay in the oil in which it had been soaked, and which had dried up, but others
ascribed them to the warmth of the wadding itself. In either case there was
danger of healing-of doing anything for the purpose of a cure-and hence wadding
might not be put into the ear on the Sabbath, although if worn before it might be
continued. Again, as regarded false teeth: they might fall out, and the wearer
might then lift and carry them, which would be sinful on the Sabbath. But any-
thing which formed part of the ordinary dress of person might be worn also on
the Sabbath, and children whose ears were being bored might have a plug put into
the hole. It was also allowed to go about on crutches, or with a wooden leg, and
children might have bells on their dresses; but it was prohibited to walk on stilts,
or to carry any heathen amulet.

The seventh chapter of the tractate contains the most important part of the whole. It opens by laying down the principle that, if a person has either not known, or forgotten, the whole Sabbath law, all the breaches of it which he has committed during ever so many weeks are to be considered as only one error or one sin. If he has broken the Sabbath law by mistaking the day, every Sabbath thus profaned must be atoned for; but if he has broken the law because he thought that what he did was permissible, then every separate infringement constitutes a separate sin, although labours which stand related as species to the genus are regarded as only one work. It follows, that guilt attaches to the state of mind rather than to the outward deed. Next, forty less one chief or 'fathers' of work (Aboth) are enumerated, all of which are supposed to be forbidden in the Bible. They are: sowing, ploughing, reaping, binding sheaves, threshing, winnowing, sifting (selecting), grinding, sifting in a sieve, kneading, baking; shearing the wool, washing it, beating it, dyeing it, spinning, putting it on the weaver's beam, making two thrum threads, weaving two threads, separating two threads, making a knot, undoing a knot, sewing two stitches, tearing in order to sew two stitches; catching deer, killing, skinning, salting it, preparing its skin, scraping off its hair, cutting it up, writing two letters, scraping in order to write two letters; building, pulling down, extinguishing fire, lighting fire, beating with the hammer, and carrying from one possession into the other.

The number thirty-nine is said to represent the number of times that the word ' labour' occurs in the Biblical text, and all these Aboth or 'fathers' of work are supposed to be connected with some work that had been done about the Tabernacle, or to be kindred to such work. Again, each of these principal works involved the prohibition of a number of others which were derived from them, and hence called their 'descendants' (toledoth). The thirty-nine principal works have been arranged in four groups: the first (1-11) referring to the preparation of bread; the second (12-24) to all connected with dress; the third (25-33) to all connected with writing; and the last (34-39) to all the work necessary for a private house. Another Rabbi derives the number thirty-nine (of these Aboth) from the numerical value of the initial word in Exod. xxxv. 1, although in so doing he has to change the last letter (x, the must be changed into a to make thirty-nine).1 Further explanations must here be added. If you scatter two seeds, you have

1 The Rabbis contend for the lawfulness of changing the into a for the sake of an interpretation. So expressly here (Jer.

Shabb. 9b) and in Jer. Peah 20 b (b
into
in Lev. xix. 24).

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APP.

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APP.

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been sowing. In general, the principle is laid down, that anything by which
the ground may be benefited is to be considered a 'work' or 'labour,' even if
it were to sweep away or to break up a clod of earth. Nay, to pluck a blade of
grass was a sin. Similarly, it was sinful labour to do anything that would pro-
mote the ripening of fruits, such as to water, or even to remove a withered leaf,
To pick fruit, or even to lift it from the ground, would be like reaping. If, for
example, a mushroom were cut, there would be a twofold sin, since by the act of
cutting, a new one would spring in its place. According to the Rabbis of Cæsarea,
fishing, and all that put an end to life, must be ranked with harvesting. In
connection with the conduct of the disciples in rubbing the ears of corn on the
Sabbath, it is interesting to know that all work connected with food would be
classed as one of the toledoth, of binding into sheaves. If a woman were to roll
wheat to take away the husks, she would be guilty of sifting with a sieve. If she
were rubbing the ends of the stalks, she would be guilty of threshing.
If she were
cleaning what adheres to the side of a stalk, she would be guilty of sifting. If she
were bruising the stalk, she would be guilty of grinding. If she were throwing it
up in her hands, she would be guilty of winnowing. Distinctions like the follow-
ing are made: A radish may be dipped into salt, but not left in it too long, since
this would be to make pickle. A new dress might be put on, irrespective of the
danger that in so doing it might be torn. Mud on the dress might be crushed in
the hand and shaken off, but the dress must not be rubbed (for fear of affecting the
material). If a person took a bath, opinions are divided, whether the whole body
should be dried at once, or limb after limb. If water had fallen on the dress,
some allowed the dress to be shaken but not wrung; others, to be wrung but not
shaken. One Rabbi allowed to spit into the handkerchief, and that although
it may necessitate the compressing of what had been wetted; but there is a grave
discussion whether it was lawful to spit on the ground, and then to rub it with the
foot, because thereby the earth may be scratched. It may, however, be done on
stones. In the labour of grinding would be included such an act as crushing salt.
To sweep, or to water the ground, would involve the same sin as beating out the
To lay on a plaster would be a grievous sin; to scratch out a big letter,
leaving room for two small ones, would be a sin, but to write one big letter occupy-
ing the room of two small letters was no sin. To change one letter into another
might imply a double sin. And so on through endless details!

corn.

The Mishnah continues to explain that, in order to involve guilt, the thing carried from one locality to another must be sufficient to be entrusted for safe keeping. The quantity is regulated: as regards the food of animals, to the capacity of their mouth; as regards man, a dried fig is the standard. As regards fluids, the measure is as much wine as is used for one cup, that is the measure of the cup being a quarter of a log, and wine being mixed with water in the propor tion of three parts water to one of wine-one-sixteenth of a log.1 As regards milk, a mouthful; of honey, sufficient to lay on a wound; of oil, sufficient to anoint the smallest member; of water, sufficient to wet eyesalve; and of all other fluids, a quarter of a log.

As regarded other substances, the standard as to what constituted a burden was whether the thing could be turned to any practical use, however trifling. Thus, two horse's hairs might be made into a birdtrap; a scrap of clean paper into a custom-house notice; a small piece of paper written upon might be converted into a wrapper for a small flagon. In all these cases, therefore, transport would involve 1 It has been calculated by Herzfeld that a log=0.36 of a litre; 'six hen's eggs.'

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