abaye

Where it is the custom to say a blessing, he should say it. Abaye said: They taught this only about the blessing after the reading, but before the reading it is a mitzvah to say a blessing, since Rav Judah said in the name of Shmuel: All of the mitzvoth—one says a blessing on them as one passes [over] them to perform them.

How do we know that this “passing” means “before”? R. Nahman b. Isaac said: Scripture says, “Then Ahimaaz ran by way of the plain and overran [wa-ya’avor] the Cushite” (II Samuel 18:23). Abaye said: We prove it from here: “And he himself passed over before them” (Genesis 33:3). Or, if you want, I can say: “And their king passed on before them and the Lord at the head of them” (Micah 2:13).

Hiyya b. Abin said: I saw Abaye and Rava leaning over.

I saw Abaye and Rava leaning over.

R. Joseph taught: Three, five and seven: "three keepers of the door", "five of them that saw the king's face", and "seven that saw the king's face". Abaye said to him: Up until now why did you not explain this to us? He replied: I did not know that you wanted to know. Did you ever ask me anything which I did not tell you?

Abaye said: There is no contradiction; here so that the translator will have come to a stop [before the place is found] in the other case he will not have come to a stop.

Rather Abaye said: There is no contradiction: Here [the reader deals] with one subject, in the other case with two; and in fact it has been taught: The reader may skip in the Torah within one subject, and in a Prophet even if he goes on to another subject’; and in both cases only so far that the translator will not have stopped [before he finds the place].

A person in rags may publicly recite the Shema etc. Ulla b. Rab asked of Abaye: Is a child in rags allowed to read in the Torah?

A certain man went down [before the ark] in front of Rabbah and said: You have shown pity on the nest of a bird, have pity and mercy on us. (You have shown pity to an animal and its young, have pity and mercy on us. Rabbah said: ... How well this Rabbi knows how to please his Master. Abaye said to him: But we have learned, they silence him?

Rabbah only wanted to sharpen Abaye.

Abaye said: We learn from this that it is proper behavior for a man to leave his [empty] wine-flask and his skin-rug at his guest-house.

Abaye objected: What was this a case of? If we say that they sold [something sacred] and had money left over [after purchasing a new one], then even if they made a stipulation [that they could do what they liked with it], what does it matter?

Abaye said to a one of the rabbinical students who used to arrange his mishnah in front of R. Sheshet: Have you ever heard from R. Shesheth what is meant by dukhsusya? He replied: This is what R. Shesheth said: The town horseman.

Abaye said: This shows that a rabbinical student who has heard something of which he does not know the meaning should ask one who is frequently in the company of the Rabbis, since he is almost certain to have heard the answer from some great man.

Where [is the Shekhinah] in Babylonia? Abaye said: In the synagogue of Huzal and in the synagogue of Shaf Veyativ (lit. was destroyed and then rebuilt) in Nehardea. Do not say that it is in both places, but it is sometimes in one and sometimes in the other. Abaye said: May I be rewarded for whenever I am within a parasang I go in and pray there. The father of Samuel and Levi were sitting in the synagogue Shaf Veyativ in Nehardea. The Shekhinah came and they heard a sound of trembling and rose and went out.

Where [is the Shekhinah] in Babylonia? Abaye said: In the synagogue of Huzal and in the synagogue of Shaf Veyativ (lit. was destroyed and then rebuilt) in Nehardea. Do not say that it is in both places, but it is sometimes in one and sometimes in the other. Abaye said: May I be rewarded for whenever I am within a parasang I go in and pray there. The father of Samuel and Levi were sitting in the synagogue Shaf Veyativ in Nehardea. The Shekhinah came and they heard a sound of trembling and rose and went out.

Rava gave the following exposition: What is the meaning of the verse, “Lord, You have been our dwelling place” (Psalms 90:1)? This refers to synagogues and study houses. Abaye said: At first I used to study at home and pray in the synagogue, but when I heard the words of David, “O Lord, I love the dwelling place [me’on] of Your house” (Psalms 26:8), I began to study in the synagogue.

It was stated: ‘If it [Shabbat Shekalim] falls when the portion “And you shall command” is read: R. Yitzchak Nafha said: Six persons read from “And you shall command” up until “When you count”, and one from “When you count” to “You shall make.” Abaye said:

Rather Abaye said: Six read from “And you shall command” to “And you shall make”, and one repeats and reads from “When you count” to “And you shall make.”

This works for Abaye, but it is a difficulty for R. Yitzchak Nafha.

Yitzchak Nafha could say to you: And does it go so well with Abaye? It makes sense with the Shabbat before it, but does it make sense with the Shabbat after it?

Rather what can you say [according to Abaye] this portion [of Shekalim] is read on two successive Shabbatot; so l too can answer that it is read on two consecutive Shabbatot.

Abaye objected: Now people will say that he can read backwards! Rather Abaye said: Six read to “And Moses assembled”, and one repeats from “When you count” to “And you shall make.”

Abaye objected: Now people will say that he can read backwards! Rather Abaye said: Six read to “And Moses assembled”, and one repeats from “When you count” to “And you shall make.”

It has been taught in agreement with Abaye: If it falls on [the Shabbat of] “When you take” itself, it is read and repeated.

What do we do? Abaye said: From the morning to midday we examine the affairs of the town; from midday to evening, for a quarter of the day we read the Torah portion and the haftarah, and for a quarter we ask for mercy as it says, “And they read in the scroll of the Torah of their Lord a fourth part of the day, and another part they confessed and prostrated themselves before the Lord their God” (Nehemiah 9:3).

Abaye said: Nowadays the communities are accustomed to read Draw the ox, Sanctify with money, Hew in the wilderness, and Send the firstborn.

On the Ninth of Av itself what is the haftarah? Rav said: “How (איכה) has she become a harlot” (Isaiah 1:21). What is the section from the Torah? It has been taught: Others say, But if you will not obey me” (Leviticus 26:14-46); R. Nathan b. Joseph says: “How long will this people despise me” (Numbers 14:11-25); and some say, “How long shall I bear this evil congregation” (Numbers 14:26-46). Abaye said: Nowadays the custom has been adopted of reading [from the Torah] “When you shall bear children” (Deuteronomy 4:25-40), and for haftarah, “I will utterly consume them” (Jeremiah 8:13-9:23).

Abaye said: This rule was taught only with regard to the curses in Leviticus, but the curses in Deuteronomy one may interrupt [their reading]. What is the reason? The former are stated in the plural and Moses said them on behalf of the Almighty. The latter are stated in the singular, and Moses said them in his own name.

It has been taught: R. Shimon b. Eleazar says:... Ezra established for Israel that they should read the curses in Leviticus before Shavuot and those in Deuteronomy before Rosh Hashanah. ... What is the reason? Abaye, or you may also say Resh Lakish said: So that the year may end along with its curses.

Abaye raised a difficulty: Just because he cannot produce a sweet voice, [you say] “For I gave them also statutes that were not good”? Rather this is like R. Mesharshya who said: If two scholars live in the same town and do not treat one another’s halakhah respectfully, of them the verse says, “For I gave them also statutes that were not good.”

Without mitzvot! Do you really think? Rather Abaye said: He is buried naked without that mitzvah.

R' Yosef said, I never heard this. Abaye said to him, You told us and this is how you told us, that Rav did not learn [anything] missing from a kortov in the first clause, R' Yochanan disagreed only the last clause and Rav says like the majority.

GEMARA: From where is this known [that lashes can not be divided]? Abaye says, The word "rasha" (wicked person) is said by the laws of lashes (Deuteronomy 25, 2) and the word "rasha" is said by the laws of the death penalty (Numbers 35, 31). Just as there is no half of a death penalty, so too there is no half of lashes.

Abaye answered, It isn't a contradiction. Here [where we retry the case] is in Israel; here [where we do not retry the case] is in Diaspora.

By a cohabitation related crime what would they do? Abaye and Rava said together, Did you see [the equivalent] of a brush being out into a tube? And what would the Rabbis do [to execute in such a case]? They would go like Shmuel, that Shmuel says, They are sinners when they act in a manner like sinners.

Acting willfully is obvious! He is liable for death!? (Rather) Rava said: Say [instead: “Through error”] excludes the one who says it is permitted [to do a prohibited action]. Abaye said to him: If he is one who says it is permitted, [then he falls into the category of] one who had no choice. [Rava] said to him: It is because I say that the one who said it is permitted [falls into the category of] one who was grossly negligent.

Rather, Rava said: [This is an instance where the resident foreigner] said that it was permitted. Abaye said to him: Someone who said that it was permitted is [a case of] a freak accident?! He said to him: I say that someone who said that it was permitted is [a case of] gross negligence.

Across the Jordan—three [cities]; in the land of Israel—three?! [How can such diverse sized populations need the same number of cities?] Abaye said: In Gilead [more generally a term for the other side of the Jordan], there were a lot of murderers.

Abaye said: "In Shkhem there are also many murders, as it is written, 'The haveir kohanim [NJPS: gang of priests] is like the ambuscade of bandits, who murder on the road to Shkhem' (Hosea 6:9)." What is "haveit kohanim"? Rabbi Elazar said: "That they would join together to kill people like those priests who would join together to separate terumah [gifts to the priests] in the granary."

And there are no more [cities, beyond the six]? But it is written, "And upon them you will make forty-two cities" (Numbers 35:6)! Abaye said: "Those [six] are effective in providing refuge whether the [manslayer] knew it or not. Those [forty-two] are only effective in providing refuge if they knew it; if they did not, they are not effective."

But Hebron is a city of refuge?! But it is written, "They gave Hebron to Caleb as Moses had said" (Judges 1:20)! Abaye said: "The outskirts [were given to Caleb], as it is written, 'The field of the city and its courtyards were given to Caleb son of Yifneh' (Joshua 21:12). [The city itself was made into a city of refuge]."

GEMARA: What is the reason [that he doesn't go to exile if the high priest dies before he gets there]? Abaye says it's a fortiori, And just as someone who was already in exile goes out [with the death the high priest], then now, someone who never went to exile should certainly not be exiled. But maybe the one was exiled got an atonement, and the one who wasn't exiled didn't [get his atonement]? Is exile the thing that grants atonement? The death of the high priest is what grants atonement.

Abaye says, we have a tradition, If one's judgment is finished and then dies [before reaching the city of refuge], we bring his bones there as the Torah says (Numbers 35, 32), "to dwell in the dwelling of the land until the death of the priest". And what type of dwelling is "in" the land? You must say this is [referring to] burial. It was taught, if he dies before the high priest dies, then we bring his bones to his ancestral graves [after the high priest subsequently dies] as the Torah says (Numbers 35,28), "the murderer should return to the land of his possession". What type of dwelling is "in the land of his possession? You must say this is [referring to] burial.

He made a mistake, that only of the alter of the eternal Temple protects, and he grabbed on to the alter of [the Tabernacle] in Shiloh. Abaye says, In this also he made a mistake, that only a preist in the midst of the avodah is protected, and he was a Zar [a non-preist]

Just like the city protects... etc.: And a contradiction, (Numbers 35, 25) "And he shall dwell there" "there" implies not in the boundary [so how can we say that the boundary also protects]? Abaye says, It is not a difficulty. Here [by our Mishna] it's referring to [receiving] protection. Here [by the verse in Numbers] it's referring to [not being permitted to] dwell.

Abaye says, It is logical according to the opinion that the Torah speaks in the vernacular, so that his end should not be more stringent then his beginning. Just like in the beginning [when he murdered] if it was intentional he is executed and if it was inadvertent he is exiled, so too his end [when he leaves the city of refuge] if it was intentional he should be executed and if it was inadvertent he should be [re-]exiled.

Abaye says, if one ate a poetissa [a type ow water creature] he gets four sets of malkus. [two for all insects + two for aquatic insects]

Rav Achai says, One who holds back his bodily functions transgresses the verses (Leviticus 20, 25) "Do not makes yourself abominable" Rav Bivi bar Abaye said, A person who drinks from a bloodletter's tube transgresses the prohibition of "do not make yourself abominable".

is it not that in this facet they are arguing, that one holds [produce is still] considered tevel [i.e. untithed, until maser ani is removed as well]. And the other one holds [maser ani] does not render the produce tevel. Abaye said to him. If so [that they argue about whether maser ani can render the produce tevel], then rather than arguing in a case of questionable produce [demai] they should argue in a case where it was known [that maser ani] was not separated.

Rav Bibi bar Abaye was stringent even on the tiniest puncture. Rav Ashi says, anyplace where there is a wound, the wound shows.

Abaye asked, And is there really no separation of forbidden labors with regards to Yom Tov? But it was taught in a Mishna, One who cooks a Gid Hanasha [sciatic nerve] in milk on Yom Tov and subsequently eats it incurs five sets of malkus. [1]He incurs malkus for eating the Gid Hanasha. [2]He incurs malkus for cooking on Yom Tov without need. [3]He incurs malkus for cooking a sinew in milk. [4]He incurs malkus for consuming meat with milk. And [5]He incurs malkus

Abaye asked, But let's also consider one who removes the Choshen [breastplate] from the Eiphod [apron] and one who removes the poles from the Ark, which has its azhara from here: (Exodus 25,16) "You shall not remove them" and (Exodus 28,28) "And you shall loosen the Choshen".

Its handle should be one handsbreadth. etc.: Abaye said Learn from here that everyone has a strap made for him. Rava said to him, if so then we would need many different straps. Rather, said Rava, There was an [adjustable] knot. When they need to they would tighten it, when they needed to, they would loosen it.

Rav Adda bar Ahava says in the name of Rav, The halacha is like Rabbi Chanania ben Gmaliel. Rav Yosef asked, Who went up to heaven, returned and said this? Abaye responded, rather it's like that which Rebbi Yehoshua ben Levi said, Three things that Beis Din shel mattah [court] did that Beis din shel malleh [the heavenly court] agreed to. Who ascended returned and told us? Rather we expounded verses, so too here we expound verses.