buds

And it came to pass, that on the morrow Moses went into the tabernacle of witness; and, behold, the rod of Aaron for the house of Levi was budded, and brought forth buds, and bloomed blossoms, and yielded almonds.

The all-merciful and beneficent Father has bowels [of compassion] towards those that fear Him, and kindly and lovingly bestows His favours upon those who come to Him with a simple mind. Wherefore let us not be double-minded; neither let our soul be lifted up on account of His exceedingly great and glorious gifts. Far from us be that which is written, “Wretched are they who are of a double mind, and of a doubting heart; who say, These things we have heard even in the times of our fathers; but, behold, we have grown old, and none of them has happened unto us.” Ye foolish ones! compare yourselves to a tree: take [for instance] the vine. First of all, it sheds its leaves, then it buds, next it puts forth leaves, and then it flowers; after that comes the sour grape, and then follows the ripened fruit. Ye perceive how in a little time the fruit of a tree comes to maturity. Of a truth, soon and suddenly shall His will be accomplished, as the Scripture also bears witness, saying, “Speedily will He come, and will not tarry;” and, “The Lord shall suddenly come to His temple, even the Holy One, for whom ye look.”

_As in summer living trees are distinguished from withered by fruit and living leaves, so in the world to come the just differ from the unjust in happiness._ He showed me again many trees, some budding, and others withered. And he said to me, “Do you see these trees?” “I see, sir,” I replied, “some putting forth buds, and others withered.” “Those,” he said, “which are budding are the righteous who are to live in the world to come; for the coming world is the summer of the righteous, but the winter of sinners. When, therefore, the mercy of the Lord shines forth, then shall they be made manifest who are the servants of God, and all men shall be made manifest. For as in summer the fruits of each individual tree appear, and it is ascertained of what sort they are, so also the fruits of the righteous shall be manifest, and all who have been fruitful in that world shall be made known. But the heathen and sinners, like the withered trees which you saw, will be found to be those who have been withered and unfruitful in that world, and shall be burnt as wood, and [so] made manifest, because their actions were evil during their lives. For the sinners shall be consumed because they sinned and did not repent, and the heathen shall be burned because they knew not Him who created them. Do you therefore bear fruit, that in that summer your fruit may be known. And refrain from much business, and you will never sin: for they who are occupied with much business commit also many sins, being distracted about their affairs, and not at all serving their Lord. How, then,” he continued, “can such a one ask and obtain anything from the Lord, if he serve Him not? They who serve Him shall obtain their requests, but they who serve Him not shall receive nothing. And in the performance even of a single action a man can serve the Lord; for his mind will not be perverted from the Lord, but he will serve Him, having a pure mind. If, therefore, you do these things, you shall be able to bear fruit for the life to come. And every one who will do these things shall bear fruit.”

If, therefore, this prophetess confesses the resurrection, and does not deny the restoration of all things, and distinguishes the godly from the ungodly, it is in vain for them to deny our doctrine. Nay, indeed, they say they can show a resemblance of the resurrection, while they do not themselves believe the things they declare: for they say that there is a bird single in its kind which affords a copious demonstration of the resurrection, which they say is without a mate, and the only one in the creation. They call it a phœnix, and relate that every five hundred years it comes into Egypt, to that which is called the altar of the sun, and brings with it a great quantity of cinnamon, and cassia, and balsam-wood, and standing towards the east, as they say, and praying to the sun, of its own accord is burnt, and becomes dust; but that a worm arises again out of those ashes, and that when the same is warmed it is formed into a new-born phoenix; and when it is able to fly, it goes to Arabia, which is beyond the Egyptian countries. If, therefore, as even themselves say, a resurrection is exhibited by the means of an irrational bird, wherefore do they vainly disparage our accounts, when we profess that He who by His power brings that into being which was not in being before, is able to restore this body, and raise it up again after its dissolution? For on account of this full assurance of hope we undergo stripes, and persecutions, and deaths. Otherwise we should to no purpose undergo such things if we had not a full assurance of these promises, whereof we profess ourselves to be the preachers. As, therefore, we believe Moses when he says, In the beginning God made the heaven and the earth; and we know that He did not want matter, but by His will alone brought those things into being which Christ was commanded to make; we mean the heaven, the earth, the sea, the light, the night, the day, the luminaries, the stars, the fowls, the fishes, and four-footed beasts, the creeping things, the plants, and the herbs; so also will He raise all men up by His will, as not wanting any assistance. For it is the work of the same power to create the world and to raise the dead. And then He made man, who was not a man before, of different parts, giving to him a soul made out of nothing. But now He will restore the bodies, which have been dissolved, to the souls that are still in being: for the rising again belongs to things laid down, not to things which have no being. He therefore that made the original bodies out of nothing, and fashioned various forms of them, will also again revive and raise up those that are dead. For He that formed man in the womb out of a little seed, and created in him a soul which was not in being before — as He Himself somewhere speaks to Jeremiah, Before I formed you in the womb I knew you; and elsewhere, I am the Lord who established the heaven, and laid the foundations of the earth, and formed the spirit of man in him, — will also raise up all men, as being His workmanship; as also the divine Scripture testifies that God said to Christ, His only-begotten, Let us make man after our image, and after our likeness. And God made man: after the image of God made He him; male and female made He them. And the most divine and patient Job, of whom the Scripture says that it is written, that he was to rise again with those whom the Lord raises up, speaks to God thus: Have you not milked me like milk, and curdled me like cheese? You have clothed me with skin and flesh, and hast fenced me with bones and sinews. You have granted me life and favour, and Your visitation has preserved my spirit. Having these things within me, I know that You can do all things, and that nothing is impossible with You. Wherefore also our Saviour and Master Jesus Christ says, that what is impossible with men is possible with God. And David, the beloved of God, says: Your hands have made me, and fashioned me. And again: You know my frame. And afterward: You have fashioned me, and laid Your hand upon me. The knowledge of You is declared to be too wonderful for me; it is very great, I cannot attain unto it. Your eyes did see my substance, being yet imperfect; and all men shall be written in Your book. Nay, and Isaiah says in his prayer to Him: We are the clay, and You are the framer of us. If, therefore, man be His workmanship, made by Christ, by Him most certainly will he after he is dead be raised again, with intention either of being crowned for his good actions or punished for his transgressions. But if He, being the legislator, judges with righteousness; as He punishes the ungodly, so does He do good to and saves the faithful. And those saints who for His sake have been slain by men, some of them He will make light as the stars, and make others bright as the luminaries, as Gabriel said to Daniel. All we of the faithful, therefore, who are the disciples of Christ, believe His promises. For He that has promised it cannot lie; as says the blessed prophet David: The Lord is faithful in all His words, and holy in all His works. For He that framed for Himself a body out of a virgin, is also the Former of other men. And He that raised Himself from the dead, will also raise again all that are laid down. He who raises wheat out of the ground with many stalks from one grain, He who makes the tree that is cut down send forth fresh branches, He that made Aaron's dry rod put forth buds, will raise us up in glory; He that raised Him up that had the palsy whole, and healed him that had the withered hand, He that supplied a defective part to him that was born blind from clay and spittle, will raise us up; He that satisfied five thousand men with five loaves and two fishes, and caused a remainder of twelve baskets, and out of water made wine, and sent a piece of money out of a fish's mouth by me Peter to those that demanded tribute, will raise the dead. For we testify all these things concerning Him, and the prophets testify the other. We who have eaten and drunk with Him, and have been spectators of His wonderful works, and of His life, and of His conduct, and of His words, and of His sufferings, and of His death, and of His resurrection from the dead, and who associated with Him forty days after His resurrection, and who received a command from Him to preach the Gospel to all the world, and to make disciples of all nations, and to baptize them into His death by the authority of the God of the universe, who is His Father, and by the testimony of the Spirit, who is His Comforter, — we teach you all these things which He appointed us by His constitutions, before He was received up in our sight into heaven, to Him that sent Him. And if you will believe, you shall be happy; but if you will not believe, we shall be found innocent, and clear from your incredulity.

Now Moses, upon his hearing for a good while that the people were tumultuous, was afraid that they would attempt some other innovation, and that some great and sad calamity would be the consequence. He called the multitude to a congregation, and patiently heard what apology they had to make for themselves, without opposing them, and this lest he should imbitter the multitude: he only desired the heads of the tribes to bring their rods, with the names of their tribes inscribed upon them, and that he should receive the priesthood in whose rod God should give a sign. This was agreed to. So the rest brought their rods, as did Aaron also, who had written the tribe of Levi on his rod. These rods Moses laid up in the tabernacle of God. On the next day he brought out the rods, which were known from one another by those who brought them, they having distinctly noted them, as had the multitude also; and as to the rest, in the same form Moses had received them, in that they saw them still; but they also saw buds and branches grown out of Aaron's rod, with ripe fruits upon them; they were almonds, the rod having been cut out of that tree. The people were so amazed at this strange sight, that though Moses and Aaron were before under some degree of hatred, they now laid that hatred aside, and began to admire the judgment of God concerning them; so that hereafter they applauded what God had decreed, and permitted Aaron to enjoy the priesthood peaceably. And thus God ordained him priest three several times, and he retained that honor without further disturbance. And hereby this sedition of the Hebrews, which had been a great one, and had lasted a great while, was at last composed.

Gourds which he had kept [in the ground] for seed: if they had hardened before Rosh Hashanah and had become unfit for human food, they may be kept during the seventh year; otherwise, they must not be kept in the seventh year. Their buds are forbidden in the seventh year. They may irrigate the soil of a white field (a grain field), the words of Rabbi Shimon. But Rabbi Elazar ben Jacob prohibits. They may soak the rice in the sabbatical year. Rabbi Shimon says: but they may not be trim [the rice].

Leaves, sprouts, sap of vines, and vine-buds are permitted in respect of orlah and the laws of the fourth year, and to a nazirite, but are prohibited if they come from an Asherah [tree]. Rabbi Yose says: vine-buds are prohibited because they are fruit. Rabbi Eliezer said: if one curdles [milk] with the resinous substances of [a tree liable to] orlah, it is prohibited. Rabbi Joshua said: I have received an explicit tradition that if one curdles [milk] with the resinous substance of the leaves, or with the resinous substance of the roots, it is permitted, but with the resinous substance of the unripe berries, it is prohibited, because these are fruit.

Leaves, sprouts, sap of vines, and vine-buds are permitted in respect of orlah and the laws of the fourth year, and to a nazirite, but are prohibited if they come from an Asherah [tree]. Rabbi Yose says: vine-buds are prohibited because they are fruit. Rabbi Eliezer said: if one curdles [milk] with the resinous substances of [a tree liable to] orlah, it is prohibited. Rabbi Joshua said: I have received an explicit tradition that if one curdles [milk] with the resinous substance of the leaves, or with the resinous substance of the roots, it is permitted, but with the resinous substance of the unripe berries, it is prohibited, because these are fruit.

If a man sets aside produce in order to count it as terumah and tithe, or money in order to count it as second tithe, he may continue to count it as such in the presumption that they still exist. If they are lost, he must be concerned from time period to time period, the words of Rabbi Elazar ben Shammua. Rabbi Judah says: at three seasons they check the wine: when the east wind begins to blow at the end of Sukkot, when the buds first appear [on the vine], and when the juice begins to form in the grapes.

Any hyssop that has an accompanying name is invalid. "This" hyssop is valid. Ezovyon (lavendula) hyssop, blue hyssop, Roman hyssop or wild hyssop is invalid. That of unclean terumah is invalid. That of clean terumah should not be used for sprinkling, but if one had used it for sprinkling it is valid. The sprinkling must not be done either with the young shoots or with the berries. He is not liable [after the sprinkling had been done] with young shoots for entering the sanctuary. Rabbi Eliezer says: also not if it was done with the berries. The following are regarded as young shoots: the stalks before the buds have ripened.

The mitzvah of the hyssop: it should have three stalks bearing three buds. Rabbi Judah says: each stalk should have three buds. Hyssop that consists of a growth of three stalks should be cut apart and then bound together. If the stalks were cut apart but were not bound together, or if they were bound together but were not cut apart, or if they were neither cut apart nor bound together, they are nevertheless valid. Rabbi Yose says: the mitzvah of the hyssop is that it should have three stalks, and on them three buds, but its remnants need only have two, while its stumps may be of the smallest size.

The mitzvah of the hyssop: it should have three stalks bearing three buds. Rabbi Judah says: each stalk should have three buds. Hyssop that consists of a growth of three stalks should be cut apart and then bound together. If the stalks were cut apart but were not bound together, or if they were bound together but were not cut apart, or if they were neither cut apart nor bound together, they are nevertheless valid. Rabbi Yose says: the mitzvah of the hyssop is that it should have three stalks, and on them three buds, but its remnants need only have two, while its stumps may be of the smallest size.

The mitzvah of the hyssop: it should have three stalks bearing three buds. Rabbi Judah says: each stalk should have three buds. Hyssop that consists of a growth of three stalks should be cut apart and then bound together. If the stalks were cut apart but were not bound together, or if they were bound together but were not cut apart, or if they were neither cut apart nor bound together, they are nevertheless valid. Rabbi Yose says: the mitzvah of the hyssop is that it should have three stalks, and on them three buds, but its remnants need only have two, while its stumps may be of the smallest size.

If a person sprinkled and it is doubtful whether the water came from the thread or the spindle-reed or the buds, the sprinkling is invalid. If he sprinkled upon two vessels and it is doubtful whether he sprinkled on both or whether some water from the one dripped on to the other, it is invalid. If a needle was on a piece of earthenware and one sprinkled upon it, and it is doubtful whether he sprinkled on the needle or whether some water dripped on it from the earthenware, his sprinkling is invalid. A flask with a narrow mouth, one may dip in and draw out in the usual way. Rabbi Judah says: this may be done only for the first sprinkling. Hatat waters which were diminished, one may dip only the tips of the buds and sprinkle, provided the hyssop does not absorb [any of the moisture on the sides of the flask]. If one intended to sprinkle in front of him and he sprinkled behind him, or behind him and he sprinkled in front of him, his sprinkling is invalid. If he intended to sprinkle in front of him and he sprinkled to the sides in front of him, his sprinkling is valid. It is permitted to sprinkle upon a person with his knowledge or without his knowledge. It is permitted to sprinkle upon a person and vessels even though there are a hundred of them.

If a person sprinkled and it is doubtful whether the water came from the thread or the spindle-reed or the buds, the sprinkling is invalid. If he sprinkled upon two vessels and it is doubtful whether he sprinkled on both or whether some water from the one dripped on to the other, it is invalid. If a needle was on a piece of earthenware and one sprinkled upon it, and it is doubtful whether he sprinkled on the needle or whether some water dripped on it from the earthenware, his sprinkling is invalid. A flask with a narrow mouth, one may dip in and draw out in the usual way. Rabbi Judah says: this may be done only for the first sprinkling. Hatat waters which were diminished, one may dip only the tips of the buds and sprinkle, provided the hyssop does not absorb [any of the moisture on the sides of the flask]. If one intended to sprinkle in front of him and he sprinkled behind him, or behind him and he sprinkled in front of him, his sprinkling is invalid. If he intended to sprinkle in front of him and he sprinkled to the sides in front of him, his sprinkling is valid. It is permitted to sprinkle upon a person with his knowledge or without his knowledge. It is permitted to sprinkle upon a person and vessels even though there are a hundred of them.

A clean person may hold in the corner of his garment an unclean axe and sprinkle upon it; And even though there is on it enough water for a sprinkling he remains clean. How much water is necessary for sprinkling? Sufficient for the tops of the buds to be dipped and for the sprinkling to be performed. Rabbi Judah ruled: they are regarded as though they were on a hyssop of brass.

MISHNAH: If gourds kept for seeds became hard before the New Year and unusable as food, one may keep them in the Sabbatical year; otherwise, it is forbidden to keep them in the Sabbatical year. Their buds are forbidden in the Sabbatical year. One may sprinkle with water on white dust, the words of Rebbi Simeon; Rebbi Eliezer ben Jacob forbids it. One may tear off rice in the Sabbatical year; the words of Rebbi Simeon are that one may not trim.

MISHNAH: When may one not cut down a tree in the Sabbatical year? The House of Shammai say, every tree when it starts. But the House of Hillel say, carob trees when they form clusters, vines when they produce fluid, olive trees when they have flower buds, all other trees when they start. Any tree may be cut down once it[s fruit] has reached the stage of tithes. How much should be on an olive tree so one should not cut it down? A quarter [qab]. Rabban Simeon ben Gamliel says, all according to the olive tree.

HALAKHAH: “When may one not cut down”, etc. Rebbi Ḥinena bar Pappa stated, for carob trees their forming clusters means their sprouting. “Vines when they produce fluid,” Rebbi Jonah said when they flow with water, as you say (Job 36:27): “He draws the waterdrops that distill rain from their mist.” “Olive trees when they have flower buds”, Rebbi Jonah said, when they bring a quarter [qab]. A quarter [qab] of flower buds or a quarter [qab] of olives? Rebbi Jonah said, that means, flower buds which will yield a quarter [qab] of olives.

HALAKHAH: “When may one not cut down”, etc. Rebbi Ḥinena bar Pappa stated, for carob trees their forming clusters means their sprouting. “Vines when they produce fluid,” Rebbi Jonah said when they flow with water, as you say (Job 36:27): “He draws the waterdrops that distill rain from their mist.” “Olive trees when they have flower buds”, Rebbi Jonah said, when they bring a quarter [qab]. A quarter [qab] of flower buds or a quarter [qab] of olives? Rebbi Jonah said, that means, flower buds which will yield a quarter [qab] of olives.

HALAKHAH: “When may one not cut down”, etc. Rebbi Ḥinena bar Pappa stated, for carob trees their forming clusters means their sprouting. “Vines when they produce fluid,” Rebbi Jonah said when they flow with water, as you say (Job 36:27): “He draws the waterdrops that distill rain from their mist.” “Olive trees when they have flower buds”, Rebbi Jonah said, when they bring a quarter [qab]. A quarter [qab] of flower buds or a quarter [qab] of olives? Rebbi Jonah said, that means, flower buds which will yield a quarter [qab] of olives.

It was stated: “Rabban Simeon ben Gamliel says, a tree that buds before the fifteenth of Ševaṭ is tithed for the past [year]; after the fifteenth of Ševaṭ it is tithed for the coming [year].” It was stated: “Rebbi Neḥemiah said, when has this been said? For a tree producing two threshing floors a year. But trees making only one threshing floor per year, such as olive trees, date palms and carob trees, even if they budded before this day, belong to the future.” Rebbi Joḥanan said, people use to follow Rebbi Neḥemiah for carobs. Rebbi Simeon objected before Rebbi Joḥanan: Did we not state that “the Sabbatical of white figs is the second year since they produce after three years”? According to you, those ripened in the Sabbatical year should be Sabbatical! He accepted that. Rebbi Abun bar Cahana said, I wonder how Rebbi Simeon ben Laqish could bring this objection before Rebbi Joḥanan and he accepted it. Could he not object: I am speaking about carobs and you about white figs, I am speaking about custom and you about practice, I am speaking about Rebbi Neḥemiah and you about the rabbis! It follows that the rules are equal for carobs and white figs, custom and practice, Rebbi Neḥemiah and the rabbis.

There, they say: A tree which buds before the New Year’s Day of the World is tithed for the past; after the New Year’s Day of the World it is tithed for the future. Rebbi Yudan bar Pedaiah objected before Rebbi Jonah: But carob trees form buds before New Year’s Day and are tithed for the future! He had not heard what Rebbi Ḥinena bar Pappos said, for carob trees the forming of clusters is [counted as] their forming buds.

There, they say: A tree which buds before the New Year’s Day of the World is tithed for the past; after the New Year’s Day of the World it is tithed for the future. Rebbi Yudan bar Pedaiah objected before Rebbi Jonah: But carob trees form buds before New Year’s Day and are tithed for the future! He had not heard what Rebbi Ḥinena bar Pappos said, for carob trees the forming of clusters is [counted as] their forming buds.

There, they say: A tree which buds before the New Year’s Day of the World is tithed for the past; after the New Year’s Day of the World it is tithed for the future. Rebbi Yudan bar Pedaiah objected before Rebbi Jonah: But carob trees form buds before New Year’s Day and are tithed for the future! He had not heard what Rebbi Ḥinena bar Pappos said, for carob trees the forming of clusters is [counted as] their forming buds.

Rebbi Abun bar Ḥiyya asked before Rebbi Zeїra: Does this mean, the first third for the past, the second third for the future? He said to him, the first third is slow in coming; afterwards it grows rapidly. Rebbi Abba said, Rebbi Zeїra learned that from a competent sharecropper. Samuel said, sixty days for six leaves, six days for sixty leaves. It was stated: “Rabban Simeon ben Gamliel said, from the appearance of leaves to the bud fifty days, from the bud to the wind-fall fifty days, from wind-fall to figs fifty days. Rebbi says, all of them by forty days.” If somebody harvested figs and does not know when their buds were formed, Rebbi Jonah said he counts a hundred days backwards; if the Fifteenth of Ševaṭ falls in this period he knows when they budded.

“Even though it was kept to grow it is subject to tithes small or large.” Does this imply that if it was not kept to grow it is not subject to tithes small or large? Rebbi Immi in the name of Rebbi Simeon ben Laqish: To exclude the words of Rabban Gamliel as we have stated there: “Rabban Gamliel says, flower buds of fenugreek, mustard, and white beans are subject to tithes.” Rebbi Yasa said, did Rabban Gamliel obligate them because of food? If it were so, what about their greenery? But Rabban Gamliel says, they are important as food, but the rabbis say, they are not important as food. In addition, from what we are stating: “Rebbi Joshua said, I never wanted to tell anybody go, collect flower buds of fenugreek, mustard, and white beans and cook them, to free them from tithes.”

“Even though it was kept to grow it is subject to tithes small or large.” Does this imply that if it was not kept to grow it is not subject to tithes small or large? Rebbi Immi in the name of Rebbi Simeon ben Laqish: To exclude the words of Rabban Gamliel as we have stated there: “Rabban Gamliel says, flower buds of fenugreek, mustard, and white beans are subject to tithes.” Rebbi Yasa said, did Rabban Gamliel obligate them because of food? If it were so, what about their greenery? But Rabban Gamliel says, they are important as food, but the rabbis say, they are not important as food. In addition, from what we are stating: “Rebbi Joshua said, I never wanted to tell anybody go, collect flower buds of fenugreek, mustard, and white beans and cook them, to free them from tithes.”

Rebbi Abbahu in the name of Rebbi Joḥanan: A citrus medica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; if [the tree] was attached to another tree even if [the fruit] grows much it is forbidden because growth of something forbidden cannot lift what is forbidden. Therefore, an attached young twig must be permitted because, if you say it is not permitted, even if it grows much it will be forbidden! Rebbi Zeïra in the name of the rabbis: A citrusmedica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; what was attached to another tree even if it grows much is forbidden; one whips for the size of an olive.

Rebbi Abbahu in the name of Rebbi Joḥanan: A citrus medica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; if [the tree] was attached to another tree even if [the fruit] grows much it is forbidden because growth of something forbidden cannot lift what is forbidden. Therefore, an attached young twig must be permitted because, if you say it is not permitted, even if it grows much it will be forbidden! Rebbi Zeïra in the name of the rabbis: A citrusmedica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; what was attached to another tree even if it grows much is forbidden; one whips for the size of an olive.

in every case where men do not plant specifically to obtain that article of food, we do not pronounce the benediction over it? Lo, the caper-bush men plant for the purpose of the caper-blossom ; and we have a Mishnaic teaching : In the case of the various kinds of capers, over the leaves and young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree" !

Rab Judah said in the name of Rab : As for the caper-bush which is still in a state of 'Orlah outside the [Holy] Land, one throws away the berries but eats the buds ; that is to say, the berries are fruit but not the buds. Against this [deduction] I quote : ln the case of the various kinds of capers, over the leaves and their young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree!"

Rab Judah said in the name of Rab : As for the caper-bush which is still in a state of 'Orlah outside the [Holy] Land, one throws away the berries but eats the buds ; that is to say, the berries are fruit but not the buds. Against this [deduction] I quote : ln the case of the various kinds of capers, over the leaves and their young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree!"

Rab Judah said in the name of Rab : As for the caper-bush which is still in a state of 'Orlah outside the [Holy] Land, one throws away the berries but eats the buds ; that is to say, the berries are fruit but not the buds. Against this [deduction] I quote : ln the case of the various kinds of capers, over the leaves and their young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree!"

He speaks according to the view of R. 'Akiba ; for there is a Mishnaic teaching : R. Eliezer says : In the case of the caper-bush, we give tithe of the young shoots and the berries and buds ; R. 'Akiba says : We only give tithe of the berries because they are fruit.

Rabina found Mar b. Rab Ashe throwing away the berries and eating the caper-buds. He said to him : What is thy opinion — like R. 'Akiba's who takes the lenient view? Then let the master act in accord with Bet Shammai who take a still more lenient view. For there is a Mishnaic teaching : In the case of the caper-bush. Bet Shammai say : It constitutes Kila'im in a vineyard ; but Bet Hillel say : It does not. Both, however, admit that it is subject to 'Orlah.

The Halakah is according to Mar b. Rab Ashe who threw away the berries and ate the buds ; and since these are not regarded as fruit for the purpose of 'Orlah, they are likewise not so regarded for the purpose of the benediction. We accordingly utter over them not "...Who createst the fruit of the tree" but "...Who createst the fruit of the ground."

R. Hisda said: The bundling of one thing [to itself] is not considered bundling; of three things, it is considered bundling; of two, there is a dispute between R. Yose and the rabbis, as we have learned: The mitzvah of the hyssop: it should have three stalks bearing three buds. Rabbi Yose says: the mitzvah of the hyssop is that it should have three stalks, and on them three buds, but its remnants need only have two, while its stumps may be of the smallest size.

R. Hisda said: The bundling of one thing [to itself] is not considered bundling; of three things, it is considered bundling; of two, there is a dispute between R. Yose and the rabbis, as we have learned: The mitzvah of the hyssop: it should have three stalks bearing three buds. Rabbi Yose says: the mitzvah of the hyssop is that it should have three stalks, and on them three buds, but its remnants need only have two, while its stumps may be of the smallest size.