Babylonian Talmud: Tractate Shabbath

Folio 78a

R. Jannai's dictum being incorrect. But here they differ in this: R. Simeon b. Eleazar holds: an adult's small limb and a day-old infant's large limb are identical [in size]. While R. Nathan holds: Only an adult's small limb [creates culpability], but not the large limb of a day-old infant.¹  What is our decision thereon? — Come and hear: For it was taught, R. Simeon b. Eleazar said: Oil, as much as is required to rub in a small limb of a day-old infant.²

WATER, ENOUGH FOR RUBBING COLLYRIUM. Abaye said, Consider: Whatever has a common use and an uncommon use, the Rabbis followed the common use, [even] in the direction of leniency; where it has two common uses, the Rabbis followed the common use [which leads to] stringency. [Thus,] in the case of wine the drinking thereof is common, whilst its employment as a remedy is uncommon; hence the Rabbis followed its drinking use in the direction of leniency.³  In the case of milk, the drinking⁴  thereof is common, whilst its employment as a remedy⁵  is uncommon: hence the Rabbis followed its drinking use in the direction of leniency. As for honey, both the eating thereof and its use as a remedy are common, [so] the Rabbis followed its use as a remedy in the direction of stringency.⁶  But in the case of water — consider: its drinking is common, whereas its use for healing is uncommon: why then did the Rabbis follow its use for healing in the direction of stringency? — Said Abaye: They learnt this with reference to Galilee.⁷  Raba said: You may even say that this refers to other places, thus agreeing with Samuel. For Samuel said: All liquids⁸  heal [eye sickness] but dim [the eyesight], save water, which heals without dimming.⁹

AND ALL OTHER LIQUIDS, A REBI'ITH. Our Rabbis taught; As for blood, and all [other] kinds of liquids, [the standard is] a rebi'ith. R. Simeon b. Eleazar said: Blood, as much as is required for painting one eye, because a cataract [of the eye] is painted [with blood]. And which [blood] is that? The blood of a wildfowl. R. Simeon b. Gamaliel said: Blood, as much as is required for painting one eye, because a white spot in the eye is painted [with blood]. And with what is that? with the blood of bats.¹⁰  And your token is: within for within, without for without.¹¹  Now this applies only to him who carries it out; but if one puts it away, no matter how little, he is liable.¹²  R. Simeon said: This applies only to one who puts it away, but he who carries it out is culpable only when there is a rebi'ith. And the Sages agree with R. Simeon that if one carries out waste water into the street, the standard thereof is a rebi'ith.

The Master said: 'Now this applies only to him who carries it out; but if one puts it away, no matter how little, [he is liable].' And he who puts it away. does he not carry it out?¹³  Said Abaye: The reference here is to an apprentice to whom his master said, 'Go, and clear me a place for a meal.' Now, if he goes and clears out [into the street] something that is valued by all, he is guilty on its account; something that is not valued by all: if his master had put it away,¹⁴  he is guilty on its account; if not, he is not guilty.¹⁵

The Master said: 'And the Sages agree with R. Simeon that if one carries out waste water into the street, the standard thereof is a rebi'ith.' For what is waste water fit?¹⁶  Said R. Jeremiah: To knead clay therewith. But it was taught: Clay, [the standard is] as much as is required for making the hole of a smelting pot?¹⁷  There is no difficulty: in the latter case it is kneaded, but in the former it is not [already] kneaded, because no man troubles to knead clay [only] for making the hole of a smelting pot.

MISHNAH. HE WHO CARRIES OUT CORD, [THE STANDARD IS] AS MUCH AS IS REQUIRED FOR MAKING A HANDLE FOR A BASKET; A REED CORD, AS MUCH AS IS REQUIRED FOR MAKING A HANGER FOR A SIEVE OR A BASKET-SIEVE. R. JUDAH SAID: AS MUCH AS IS REQUIRED FOR TAKING THE MEASURE OF A CHILD'S SHOE. PAPER, LARGE ENOUGH TO WRITE A TAX-COLLECTOR'S RECEIPT ON IT.¹⁸  (AND HE WHO CARRIES OUT A TAX-COLLECTOR'S RECEIPT IS LIABLE.)

1. And the phrasing of the controversy must be interpreted accordingly.
2. Hence this must be his meaning in the controversy quoted, while R. Nathan disagrees, as suggested in the first explanation.
3. Teaching that the minimum which creates liability for carrying out is the average drink, though a lesser quantity is used for remedial purposes. — The others are explained similarly.
4. Lit., 'eating'.
5. By external application.
6. As in the Mishnah, though for consumption the size of a dried fig — a greater standard — would be required.
7. Rashi: whose inhabitants are poor. They would never use wine or milk for dissolving collyriuin, but only water, and so this use for water is as common as its drinking use.
8. Used for dissolving collyrium.
9. Hence this use too is common.
10. The word denotes with large eyeballs — a species of bats.
11. The white spot is within the eye, and the bat is generally found within human settlements; whereas a cataract protrudes on the outside of the eye, and the wildfowl too dwells without human settlements.
12. This is explained below.
13. Surely this alone is his sin.
14. For use, thus showing that he did value it.
15. This is consistent with R. Simeon's view (supra 76a) that one is guilty through another's intention.
16. No penalty is incurred for carrying out something that is entirely useless.
17. The hole through which the bellows are inserted. This requires less clay than is made with a rebi'ith of water, and since the waste water is regarded as being for the purpose of making clay, the standard should be only as much as is required for kneading this smaller quantity.
18. Lit., 'knot'. Rashi: the receipt was indicated by two letters above normal size.

ERASED PAPER,¹  AS MUCH AS IS REQUIRED TO WRAP ROUND A SMALL PHIAL OF SPIKENARD OIL; SKIN, FOR MAKING AN AMULET; PARCHMENT, FOR WRITING THEREON THE SHORTEST PASSAGE OF THE TEFILLIN, WHICH IS 'HEAR O ISRAEL,':²  INK, FOR WRITING TWO LETTERS; STIBIUM,³  FOR PAINTING ONE EYE; PASTE, FOR PUTTING ON THE TOP OF A LIME BOARD [SHAFSHAF];⁴  PITCH AND SULPHUR, FOR MAKING A PERFORATION [THEREIN];⁵  WAX, FOR PUTTING OVER A SMALL HOLE;⁶  CLAY, FOR MAKING A HOLE IN A GOLD REFINER'S POT.⁷  R. JUDAH SAID: FOR MAKING A [TRIPOD'S] PEG.⁸  BRAN, FOR PUTTING ON THE MOUTH OF A GOLD REFINER'S POT; LIME,⁹  FOR SMEARING THE SMALLEST OF GIRLS.¹⁰  R. JUDAH SAID: ENOUGH TO PRODUCE A HAIR-CROWN [KALKAL].¹¹  R. NEHEMIAH SAID: ENOUGH FOR MAKING SIDE-CURLS [ONDAFE].¹²

GEMARA. For a cord too, let one be culpable on account of as much as is required to make a hanger for a sieve or a basketsieve? — Since it chafes the utensil, people do not make it [thus].¹³

Our Rabbis taught: As for palm leaves, the standard is as much as is required for making a handle for a basket, an Egyptian basket. As for bast; Others say:¹⁴  as much as is required for putting on the opening of a small funnel for straining wine. Fat; as much as is required for greasing under a small cake. And what size is that? — As [large as] a sela'. But it was taught, As [large as] a dried fig? Both are the same standard. Soft rags, as much as is required for making a small ball. Anti what size is that? As [large as] a nut.

PAPER, LARGE ENOUGH TO WRITE A TAX-COLLECTOR'S RECEIPT ON IT. It was taught: How much is a tax-collector's receipt? Two letters.¹⁵  But the following contradicts this: If one carries out smooth [blank] paper. if large enough for writing two letters thereon, he is culpable; if not, he is not culpable?¹⁶  — Said R. Shesheth: What is meant by 'two letters'? Two letters of a tax-collector's receipt. Raba said: [It means] two letters of ours, together with a margin for holding which is the equivalent of a tax-collector's receipt.

An objection is raised: If one carries out erased paper or a receipted note; if its blank portion is large enough for two letters to be written thereon, or if the whole is sufficient for wrapping round the mouth of a small phial of spikenard oil, he is culpable; but if not, he is not culpable. As for R. Shesheth, who explained, What is meant by 'two letters'? two letters of a tax-collector's receipt, it is well.¹⁷  But according to Raba, who said that it means two letters of ours together with a margin for holding, which is the equivalent of a tax-collector's receipt — surely here no margin for holding is required?¹⁸  This is a difficulty.

Our Rabbis taught: If one carries out a tax-collector's receipt before having shown it to the collector, he is culpable;¹⁹  after having shewn it to the collector, he is not culpable.²⁰  R. Judah said: Even after showing it to the collector, he is culpable, because he still needs it. Wherein do they differ? Abaye said: They differ in respect to collectors' runners.²¹  Raba said: They differ in respect to the higher and the lesser collectors.²²  R. Ashi said: They [even] differ in respect of one tax-collector, because he needs it [the document] for showing to the second, so that he can say to him, 'See, I am a man [exempted] by the collector.'²³

Our Rabbis taught: If one carries out a note of debt, if before it has been settled, he is culpable; if after it has been settled, he is not culpable. R. Judah said: Even after settlement he is culpable, because he needs it. Wherein do they differ? R. Joseph said: They differ as to whether it is forbidden to keep a settled note. The Rabbis maintain: It is forbidden to keep a settled note;²⁴  while R. Judah holds: One may keep a settled note.²⁵  Abaye said: All hold that a settled note may not be kept; but here they differ as to whether a note requires confirmation [even] when he [the debtor] admits that it was [validly] written. The first Tanna holds: Even when [the debtor] admits that a note [was validly] written, it must be confirmed.²⁶  R. Judah holds: When [the debtor] admits that a note was [validly] written, it need not be confirmed. And what is the meaning of 'if before it has been settled' and 'if after it has been settled'?

1. Palimpsest paper from which writing has been erased, and which cannot be written upon again.
2. Deut. VI, 4-9. The Tefillin (v. Glos.) contain four Biblical passages.
3. Used for painting the eyes.
4. For catching birds; v. infra 80a.
5. Rashi: The phial in which mercury is kept is closed with a perforated stopper of pitch or sulphur.
6. As a plug.
7. Through which he inserts his bellows.
8. A leg of the tripod which supports the refiner's pot.
9. Used as a depilatory.
10. V. Gemara.
11. Formed by the depilation of the undergrowth of hair.
12. Var. lec. Andife, v. Gemara.
13. Culpability is incurred only when the article transported can be used in its normal manner.
14. 'Others' frequently refers to R. Meir, Hor. 13a.
15. 'Aruk reads: two Greek letters — which are larger than Hebrew letters.
16. 'Two letters' implies of normal size, which is smaller than tax-collector's letters; v. also preceding note.
17. The same explanation holds good here too.
18. It can be held by the erased or the written portion.
19. Since he still needs it.
20. The receipt of tax-exemption was issued by a higher authority and then shown to the actual collector. Once shown, he has no further use for it, and is therefore not liable for carrying it out.
21. The police, who stop people and demand toll. R. Judah argues that the receipt must he shown to these; while the Rabbis hold that the person stopped could refer him to the collector or superintendent.
22. Cf. n. 4. R. Judah maintains that for this reason the document is always required, while the Rabbis hold that a secret password was used as a proof of exemption.
23. E.g., if the exemption is in respect of a toll-bridge. Even if there is always one man only on duty at one end, the document may be required for the man at the other end. V. T.A. II, p. 375.
24. Therefore it is of no value either to the creditor or to the debtor; consequently no culpability is entailed in carrying it out. — The reason of the prohibition is that one may demand payment afresh.
25. Hence the paper itself is of value.
26. By its signatories attesting their signatures (Rashi in Keth. 19a, B.M. 7a and 72b). Otherwise the debtor can plead that it has been settled. For without the confirmation of the signatories he could successfully plead that it is a forgery, hence he is also believed in his plea of repayment, since the validity of the note rests on his word. Consequently if the debtor pleads that he has repaid the loan — this is now the meaning of 'if after it has been settled' — the note is valueless.