1. On that day 1 they voted and decided, "that a foot-bath containing from two logs to nine cabs, 2 which was split, 3 may become unclean from pressure." 4 although R. Akibah says, "that a foot-bath is as its name." 5
2. On that day they said, "that all sacrifices offered without due intention are allowed, but they do not absolve the owners from their obligation, except the passover-offering, and the sin-offering—the passover-offering in its time, and the sin-offering at all times." R. Eleazar says, "also the trespass-offering, the passover-offering in its time, and the sin or trespass-offering at all times." R. Simeon, the son of Azai, said, "I received it by tradition from the mouth of the seventy-two elders, on the day they inducted R. Eleazar the son of Azai into the president's seat, that all sacrifices offered without due intention, are allowed, but they do not absolve the owners from their obligation, except the passover-offering, and the sin-offering." The son of Azai only added the burnt-offering, but the Sages did not agree with him.
3. On that day they said, "how is it with Ammon and Moab 6 in the Sabbatical year?" R. Tarphon decided "they must pay tithes for the poor:" 7 but R. Eleazar, son of Azariah, decided "second tithes." 8 R. Ishmael then said, "Eleazar, son of Azariah, it behoves thee to prove it, for thou
addest to the burden (of the Law); and whoever adds to the burden (of the Law) it behoves him to prove it." R. Eleazar, son of Azariah, said to him, "Ishmael, my brother, I have not changed from the order of the years, 1 but my brother Tarphon has changed, therefore it behoves him to prove it." R. Tarphon replied, "Egypt is out of the land, and Ammon and Moab are out of the land: as Egypt pays tithes for the poor in the Sabbatical year, so Ammon and Moab pay tithes for the poor in the Sabbatical year." R. Eleazar, son of Azariah, replied, "Babylon is out of the land, and Ammon and Moab are out of the land; even as Babylon pays second tithes in the Sabbatical year, so Ammon and Moab pay second tithes in the Sabbatical year." R. Tarphon replied, "Egypt being near, is subject to tithes for the poor, in order that the poor in Israel may be supported in the Sabbatical year; so Ammon and Moab, which are near, must also be subject to tithes for the poor, in order that the poor in Israel may be supported in the Sabbatical year." R. Eleazar, the son of Azariah, replied, "thou seekest to increase money, but thou only losest souls; wouldest thou be the cause that heaven should neither send down dew nor rain, as is said, 'Will a man rob God?' Yet ye have robbed me. But ye say, Wherein have we robbed thee? In tithes and offerings." 2 R. Joshua said, “behold I will answer for my brother Tarphon, but not according to the sense of his words—“Egypt is a new arrangement, Babylon is an old arrangement; the judgment before us is a new arrangement. Let the new arrangement be judged from the new arrangement, but let not a new arrangement be judged from an old arrangement. Egypt is an arrangement by the elders (of the Sanhedrin), but Babylon is an arrangement by the prophets—the judgment before us is an arrangement by the elders. Let therefore the arrangement by the elders be judged from an arrangement by the elders; but let not an
arrangement by the elders be judged from an arrangement by prophets.” They voted and decided "that Ammon and Moab must pay tithes for the poor in the Sabbatical year." When R. José, son of Dormiskith, came to R. Eleazar at Lydda, he said to him, "what had you new in the college to-day?" He answered, "they voted and decided that Ammon and Moab must pay tithes in the Sabbatical year." R. Eleazar wept and said, "'The secret of the LORD is with them that fear him; and He will show them His covenant.' 1 Go and tell them, be not anxious about your vote, for I received it by tradition from Rabban Johanan; the son of Zachai, who heard it from his teacher, up to the decision of Moses from Sinai, that Ammon and Moab must pay tithes to the poor, in the Sabbatical year."
3. On that day came Judah, an Ammonitish proselyte, and stood before them in the college. He said to them, "how am I to come into the congregation?" Rabban Gamaliel said to him, "thou art forbidden." R. Joshua said to him; "thou art allowed." Rabban Gamaliel said, "the Scripture says, 'An Ammonite, or Moabite shall not enter into the congregation of the LORD; even to their tenth generation etc,'" 2 To him said R. Joshua, “are then the Ammonites or Moabites still in their own land? Sennacherib, King of Assyria, aforetime came up, and commingled the nations, as is said, “And I have removed the bounds of the people, and have robbed their treasures, and I have put down the inhabitants like a valiant (man).” 3 Rabban Gamaliel said to him, "the Scripture says, 'And afterwards I will bring again the captivity of the children of Ammon;' 4 and they are already returned." To him said R. Joshua, "the Scripture says, 'And I will bring again the captivity of my people of Israel, 5 and Judah.' But they are not yet returned." And they allowed him to come into the congregation.
4. The Chaldee passages in Ezra and Daniel render the hands unclean. Chaldee written in Hebrew, and Hebrew
written in Chaldee, or in Hebrew 1 do not render the hands unclean. In no case do they cause uncleanness, unless the writing be Assyrian, on parchment with ink.
5. The Sadducees said, "we blame you Pharisees, because you say sacred Scriptures render the hands unclean, but the books Hameram 2 do not render the hands unclean." Rabban Jochanan, the son of Zachai, said, "and have we nothing else against the Pharisees but this? Behold they say, 'that the bones of an ass are clean, but the bones of Jochanan the high priest are unclean.'" They said to him, "according to their value is their uncleanness, so that no one may make the bones of his father and mother into spoons." He said to them, "so (are) the sacred Scriptures: according to their value is their uncleanness. The books Hameram, which are not valued, do not render the hands unclean."
6. The Sadducees said, "we blame you Pharisees, that you declare the stream flowing (from a clean into an unclean vessel) to be clean." The Pharisees said, "we blame you Sadducees, that you declare a stream of water flowing from a graveyard to be clean." The Sadducees said, "we blame you Pharisees, because you say, if my ox or my ass cause damage, we are responsible; but if my slave or my bondwoman cause damage, we are free. What! if I be responsible for my ox and my ass, for which I have no obligation, I am bound for my slave or bondwoman for whom I have obligation. It is just that I should be bound for their damages." They said to them "no! if you speak of my ox and my ass which have no knowledge, as you speak of my slave and bondwoman who have knowledge: then, if I offend them, they may go and set fire to the stacks of corn of another, and I should be bound to pay."
7. A Galilean Sadducee said, "I blame you Pharisees,
because you write the name of the reigning sovereign in the letter of divorce with Moses." The Pharisees said, “we blame you Galilean Sadducee, that you write the sovereign on the same page with the NAME, and not only so, but you write the sovereign above, and the name below, as is said, “And Pharaoh said, who is the Lord, that I should obey his voice to let Israel go.” 1 But when he was punished, what did he say? “The LORD is righteous.” 2
329:1 When R. Eleazar, the son of Azariah, was made president of the school in Jamnia.
329:2 A cab is about three pints.
329:3 And could not contain water enough to wash one foot.
329:4 Of an unclean person.
329:5 It continues as long as its name, and as such cannot become unclean from pressure.
329:6 i.e. With Israelites dwelling there.
329:7 Tithe for the poor could be eaten anywhere.
329:8 Second tithes could only be eaten in Jerusalem, Deut. xiv. 22, 23.
330:1 The sixth year was fixed for the tithe to the poor, consequently in countries outside the land of Israel, and not subject to the Sabbatical rest, Israelites should pay the second tithe.
330:2 Malachi iii. 8. It is assumed that the prophet means the consecrated second tithe, and not the unconsecrated tithe for the poor.
331:1 Psalm xxv. 10.
331:2 Deut. xxiii. 3.
331:3 Isaiah x. 13.
331:4 Jer. xlix. 6.
331:5 Amos ix. 14.
332:1 The ancient Hebrew letters are now called Samaritan. They are still used for writing by the small community of Samaritans who dwell in Nablûs, in the Holy Land. The Jews now use the Chaldee characters; and the Talmud therefore errs in calling the old national letters Assyrian.
332:2 Some suppose the writings of Homer are meant; others think that these were books against revealed religion.
333:1 Ex. v. 2. The name of Pharaoh cannot be considered an insult to Moses, since it precedes the name of God.
333:2 Ex. ix. 27. This is merely added to avoid ending with Pharaoh's blasphemy.
