Babylonian Talmud: Tractate Berakoth

Folio 26a

over a chest is like a receptacle within a receptacle.

R. Joshua b. Levi said: For a scroll of the Law it is necessary to make a partition of ten [handbreadths].¹  Mar Zutra was visiting R. Ashi, and he saw that in the place where Mar the son of R. Ashi slept there was a scroll of the Law and a partition of ten [handbreadths] was made for it. He said to him: Which authority are you following? R. Joshua b. Levi, is it not? I presume that R. Joshua b. Levi meant this to apply only where one had not another room, but your honour has another room! He replied: I had not thought of it.

HOW FAR SHOULD HE REMOVE FROM IT AND FROM EXCREMENT? FOUR CUBITS. Raba said in the name of R. Sehora reporting Rab: This was meant only if he leaves it behind him, but if he keeps it in front of him he must remove completely out of sight. The same rule applies to Tefillah. Is that so? Has not Rafram b. Papa said in the name of R. Hisda: A man can stand facing a privy [four cubits away] and say the Tefillah? What is referred to here?²  A privy in which there is no excrement. Is that so? Has not R. Joseph b. Hanina said: When they spoke of a privy, they meant, even if there is no excrement in it, and when they spoke of a bath,³  they meant even if there is no one in it! But in fact what is referred to here?⁴  A new one. But surely this is the very thing about which Rabina asked a question: If a place has been set aside for a privy [but not yet used], what is the rule? Does setting aside count or does it not count?⁵  — What Rabina wanted to know was whether one might stand in it to pray therein, but as to facing it [he was] not [in doubt].⁶  Raba said: These Persian privies, although there is excrement in them, are counted as closed in.⁷

MISHNAH. A GONORRHOEIC PERSON WHO HAS AN EMISSION AND A NIDDAH FROM WHOM SEMEN ESCAPES AND A WOMAN WHO BECOMES NIDDAH DURING INTERCOURSE REQUIRE A RITUAL BATH; R. JUDAH, HOWEVER EXEMPTS THEM.⁸

GEMARA. The question was raised: What is R. Judah's opinion about a ba'al keri who has become gonorrhoeic? Are we to say that the case in which R. Judah exempted was that of a gonorrhoeic patient who had a seminal issue, because his first condition precludes him from ablution,⁹  but he does not exempt a ba'al keri who becomes gonorrhoeic because in his first condition he does require ablution,¹⁰  or are we to say that there is no difference? — Come and hear: A WOMAN WHO BECOMES NIDDAH DURING INTERCOURSE REQUIRES A RITUAL BATH: R. JUDAH, HOWEVER, EXEMPTS HER. Now a woman who becomes niddah during intercourse is on the same footing as a ba'al keri who becomes gonorrhoeic, and R. Judah exempts her. This proves [that there is no difference]. R. Hiyya taught expressly: A ba'al keri who has become gonorrhoeic requires ablution; R. Judah, however, exempts him.

CHAPTER IV

MISHNAH. THE MORNING TEFILLAH [CAN BE SAID] UNTIL MIDDAY; R. JUDAH SAYS TILL THE FOURTH HOUR. THE AFTERNOON PRAYER¹¹  [CAN BE SAID] TILL EVENING; R. JUDAH SAYS, UNTIL THE MIDDLE OF THE AFTERNOON.¹²  THE EVENING PRAYER HAS NO FIXED LIMIT.¹³  THE TIME FOR THE ADDITIONAL PRAYERS¹⁴  IS THE WHOLE OF THE DAY; R. JUDAH SAYS, TILL THE SEVENTH HOUR.

GEMARA. [TILL MIDDAY]. This was contrasted with the following: The proper time for it [the Shema'] is at the rising of the sun, so that ge'ullah should be followed immediately by Tefillah, with the result that he would say the Tefillah in the day time!¹⁵  — That was taught in reference only to the wathikin; for R. Johanan said: The wathikin used to conclude it [the Shema'] as the sun rose.¹⁶  And may other people delay till midday, but no longer? Has not R. Mari the son of R. Huna the son of R. Jeremiah b. Abba said in the name of R. Johanan: If a man erred and did not say the evening Tefillah, he says it twice in the morning. [If he erred] in the morning, he says it twice in the afternoon? — He may go on praying the whole day. But up to midday he is given the reward of saying the Tefillah in its proper time; thereafter he is given the reward of saying Tefillah, but not of saying Tefillah in its proper time.

The question was raised: If a man erred and did not say the afternoon Tefillah, should he say it twice in the evening? Should you argue from the fact that if he erred in the evening he prays twice in the morning, [I may reply that] this is because it is all one day, as it is written, And there was evening and there was morning, one day;¹⁷  but in this case, prayer being in the place of sacrifice,¹⁸  since the day has passed the sacrifice lapses. Or should we rather say that since prayer is supplication for mercy, a man may go on praying as long as he likes? — Come and hear: For R. Huna h. Judah said in the name of R. Isaac reporting R. Johanan: If a man erred and did not say the afternoon Tefillah, he says it twice in the evening, and we do not apply here the principle that if the day has passed the offering lapses. An objection was raised: That which is crooked cannot be made straight, and that which is wanting cannot be numbered.¹⁹  'That which is crooked cannot be made straight'; this applies to one who omitted the Shema' of the evening or the Shema' of the morning or the Tefillah of the evening or the Tefillah of the morning. 'And that which is wanting cannot be numbered': this applies to one whose comrades formed a group to perform a religious act and he was not included with them. — R. Isaac said in the name of R. Johanan: With what case are we dealing here?²⁰  With one who omitted deliberately. R. Ashi said: The proof of this is that it says 'omitted', and it does not say, 'erred'. This proves it.

1. To permit intercourse in the same room.
2. In the ruling of R. Hisda.
3. As being a forbidden place for meditating on words of Torah.
4. In the ruling of R. Hisda.
5. Shab. 10a; Ned. 7a.
6. That it was permitted at a distance of four cubits.
7. They were sloping and the excrement rolled into a deep hole out of sight.
8. V. supra, p. 129, n. 4.
9. A gonorrhoeic patient has to wait seven days.
10. Before being able to study the Torah, according to the ordinance of Ezra, supra. p. 134.
11. Minhah, v. Glos.
12. This is explained in the Gemara.
13. V. infra in the Gemara.
14. Musaf, v. Glos.
15. I.e., just after day-break.
16. V. supra 9b.
17. Gen. I, 5.
18. V. infra 26b.
19. Eccl. I, 25.
20. In the teaching cited.

Our Rabbis taught: If a man erred and did not say the afternoon prayer on the eve of Sabbath, he says the [Sabbath] Tefillah¹  twice on the night of the Sabbath. If he erred and did not say the afternoon Tefillah on Sabbath, he says the [weekday] Tefillah twice on the outgoing of the Sabbath; he says habdalah²  in the first but not in the second;³  and if he said habdalah in the second and not in the first, the second is counted to him, the first is not counted to him. This is equivalent, is it not, to saying that since he did not say habdalah in the first, it is as if he had not said the Tefillah and we make him say it again. To this was opposed the following: If one forgot and did not mention the miracle of rain⁴  in the benediction for the resurrection of the dead⁵  and prayed for rain in the benediction of the years,⁶  he is turned back; if he forgot habdalah in 'who graciously grants knowledge',⁷  he is not turned back, because he can say it over wine! — This is indeed a difficulty.

It has been stated: R. Jose son of R. Hanina said: The Tefillahs were instituted by the Patriarchs. R. Joshua b. Levi says: The Tefillahs were instituted⁸  to replace the daily sacrifices. It has been taught in accordance with R. Jose b. Hanina, and it has been taught in accordance with R. Joshua b. Levi. It has been taught in accordance with R. Jose b. Hanina: Abraham instituted the morning Tefillah, as it says, And Abraham got up early in the morning to the place where he had stood,⁹  and 'standing' means only prayer, as it says, Then stood up Phineas and prayed.¹⁰  Isaac instituted the afternoon Tefillah, as it says, And Isaac went out to meditate in the field at eventide,¹¹  and 'meditation' means only prayer, as it says, A prayer of the afflicted when he fainteth and poureth out his meditation¹²  before the Lord.¹³  Jacob instituted the evening prayer, as it says, And he lighted [wa-yifga'] upon the place,¹⁴  and 'pegi'ah' means only prayer, as it says, Therefore pray not thou for this people neither lift up prayer nor cry for them, neither make intercession to [tifga'] Me.¹⁵  It has been taught also in accordance with R. Joshua b. Levi: Why did they say that the morning Tefillah could be said till midday? Because the regular morning sacrifice could be brought up to midday. R. Judah, however, says that it may be said up to the fourth hour because the regular morning sacrifice may be brought up to the fourth hour. And why did they say that the afternoon Tefillah can be said up to the evening? Because the regular afternoon offering can be brought up to the evening. R. Judah, however, says that it can be said only up to the middle¹⁶  of the afternoon, because the evening offering could only be brought up to the middle of the afternoon. And why did they say that for the evening Tefillah there is no limit? Because the limbs¹⁷  and the fat¹⁸  which were not consumed [on the altar] by the evening could be brought for the whole of the night. And why did they say that the additional Tefillahs¹⁹  could be said during the whole of the day? Because the additional offering could be brought during the whole of the day. R. Judah, however, said that it can be said only up to the seventh hour, because the additional offering can be brought up to the seventh hour. Which is the 'greater afternoon'? From six hours and a half onwards.²⁰  And which is the 'small afternoon'? From nine hours and onwards.²¹  The question was raised: Did R. Judah refer to the middle of the former afternoon-tide or the middle of the latter afternoon-tide?²²  Come and hear: for it has been taught: R. Judah said: They referred to the middle of the latter afternoon-tide, which is eleven hours less a quarter.²³  Shall we say that this is a refutation of R. Jose b. Hanina?²⁴  R. Jose b. Hanina can answer: I can still maintain that the Patriarchs instituted the Tefillahs, but the Rabbis found a basis for them in the offerings. For if you do not assume this,²⁵  who according to R. Jose b. Hanina instituted the additional Tefillah? He must hold therefore that the Patriarchs instituted the Tefillahs and the Rabbis found a basis for them in the offerings.²⁶

R. JUDAH SAYS: TILL THE FOURTH HOUR. It was asked: Is the point mentioned itself included in the UNTIL or is it not included?²⁷  — Come and hear: R. JUDAH SAYS, UNTIL THE MIDDLE OF THE AFTERNOON. If you say that the point mentioned is included in the UNTIL, then there is no difficulty; this is where the difference lies between R. Judah and the Rabbis.²⁸  O But if you say that the point mentioned is not included,²⁹  then R. Judah says the same thing as the

1. V. Glosses. Vilna Gaon.
2. V. P.B. p. 46.
3. Because the one which is said in compensation is always said second.
4. Lit., 'the (divine) power (manifested) in rain'.
5. The second benediction.
6. The ninth benediction.
7. The fourth benediction.
8. By the Men of the Great Synagogue.
9. Gen. XIX, 27.
10. Ps. CVI, 30.
11. Gen. XXIV, 63.
12. E.V. 'complaint'.
13. Ps. CII, 1.
14. Gen. XXVIII, 11.
15. Jer. VII, 16.
16. The precise time meant is discussed infra.
17. Of the burnt-offerings.
18. Of the other offerings
19. Said on Sabbaths, New Moons, and holy days.
20. From 12.30 p.m. to 6 p.m. taking the day from 6 a.m. to 6 p.m.
21. From 3.30 onwards.
22. I.e., does he in his statement in the Mishnah mean midway between 12.30 and 6 or between 3.30 and 6?
23. Viz., midway between 9 1/2 hours and 12.
24. According to him it was the Patriarchs who instituted the prayers, and the time of the sacrifice should have no bearing on the time of the recital of the prayers.
25. That R. Jose admits that the Rabbis based the Tefillah on the offerings.
26. And accordingly added a musaf tefillah to those instituted by the Patriarchs, and for the same reason they made the time of the prayers to be determined by the time of the sacrifices.
27. I.e., does he mean the beginning or the end of the fourth hour?
28. Assuming that R. Judah meant the middle of the latter afternoontide, i.e., eleven hours less a quarter.
29. So that 'until' means until the end of the point fixed by him.