caper

Rabban Gamaliel says: shoots of fenugreek, of mustard, and of white beans are liable [to tithe]. Rabbi Eliezer says: as for the caper bush, tithes must be given from the shoots, the berries and the blossoms. Rabbi Akiba says: only the berries are tithed since they [alone] count as fruit.

The caper bush. The House of Shammai say, it is kilaim in a vineyard but not with grains. The House of Hillel say, it is never kilaim, neither in a vineyard nor with grains. Both agree that it is subject to orlah. Rebbi Ḥinena bar Papa stated: Any plant that branches out from its stem is a tree; from its roots it is a vegetable. They objected: But cabbage forms its leaves from its stem! Here when it is sure, there when it is doubtful.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: There are six unresolved doubts. The caper-bush among trees following the House of Shammai, clay vessels like potash vessels following the House of Shammai, the squirrel mole among the crawling things following the House of Shammai; the Egyptian bean among seed-vegetables, the hermaphrodite among humans, the koi among wild animals according to everybody. Rebbi Ḥama bar Uqba said, also the ṭrīqsīn cubit. What is the ṭrīqsīn cubit? Rebbi Jonah from Bostra said, confusion, “what is inside-outside?” Rebbi Yose said, since it is written (1K. 6:17) “forty cubits was the House, that is the inner Temple,” it means it is counted inside. Rebbi Mana said to him, but it is written (2Chr. 3:8) “He made the holiest of holies twenty cubits long and ten wide,” that means it is counted outside.

MISHNAH: Rabban Gamliel says, the budding fruits of fenugreek, mustard, and white beans are subject to tithes. Rebbi Eliezer says, the caper tree is subject to tithes for its budding fruits and capers. Rebbi Aqiba says, only the berries are subject because they are fruit.

The caper bush. The House of Shammai say, it is kilaim in a vineyard but not with grains. The House of Hillel say, it is never kilaim, neither in a vineyard nor with grains. Both agree that it is subject to orlah. Rebbi Ḥanina bar Papa stated: Any plant that branches out from its stem is a tree; from its roots it is a vegetable. They objected: But cabbage forms its leaves from its stem! Here when it is sure, there when it is doubtful.

It was stated in the name of Rebbi Simeon: The only kinds admitting an intention of exemption are three: [buckthorn], sycamore, and caper bush. Are these obligated for tithes? This is a dispute between Rebbi Abba bar Mamal and Rebbi Hila. They differed: If somebody kept his fruit trees for wood, Rebbi Abba bar Mamal said he is obligated, Rebbi Hila said he is exempted. Rebbi Abba bar Mamal said he is obligated, from the following: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes abandoned property for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal.

It happened that a pious person went to promenade in his vineyard on the Sabbath when he saw there a breach which he decided to repair after the Sabbath. He said, because I wanted to repair I shall never repair it. What did the Holy One, praise to Him, do for him? He prepared for him a tent of caper bush which grew there and mended it. From it he was fed and from there was his sustenance all his days.

HALAKHAH: The compounding of the incense: balsamum, and cloves, galbanum and frankincense, each in the weight of 70 maneh. Myrrh and cassia, spicenard and saffron, each in the weight of sixteen maneh. Costus twelve, bark three, cinnamon nine. You find that there were 365 maneh according to the days of the year and three for this day. That is what we have stated: “but on this day he adds a fistful.” Carshina nine qab, (Qanrisin) [caper] wine three seah and three qab. If he has no (Qanrisin) [caper] wine he brings aged whitish wine. Sodom salt a quarter. Some smoke producing herb. Rebbi Nathan says, also some (Qafra) [Kifa] of the Jordan. If he added honey he invalidated it. If he left out one of its ingredients he is liable for death.

HALAKHAH: The compounding of the incense: balsamum, and cloves, galbanum and frankincense, each in the weight of 70 maneh. Myrrh and cassia, spicenard and saffron, each in the weight of sixteen maneh. Costus twelve, bark three, cinnamon nine. You find that there were 365 maneh according to the days of the year and three for this day. That is what we have stated: “but on this day he adds a fistful.” Carshina nine qab, (Qanrisin) [caper] wine three seah and three qab. If he has no (Qanrisin) [caper] wine he brings aged whitish wine. Sodom salt a quarter. Some smoke producing herb. Rebbi Nathan says, also some (Qafra) [Kifa] of the Jordan. If he added honey he invalidated it. If he left out one of its ingredients he is liable for death.

It was stated: Rabban Simeon ben Gamliel says, balsamum is only the sap of the (qtab) [qtaf] tree. For what comes Carshina lye? In it one polished the cloves. For what does (Qanrisin) [caper] wine come? In it one (polishes) [soaks] cloves that it should be strong. Would not be urine good for this? Only one does not introduce bad smell into the Temple courtyard because of decorum. And when he was pulverizing he was saying: be well pulverized, be well pulverized, for voice is good for compounding. If he left out one of its ingredients or added honey he invalidated it. If he failed to add salt or added smoke producing herb he became liable for death. Rebbi Zeˋura said, and he sins because of unnecessary entry.

It was stated: “Rebbi Yose says, one does not cover the Koy’s blood because it is a doubtful case.” Since circumcision whose certainty pushes aside the Sabbath, in doubt does not push aside the holiday, then for covering the blood which in case of certainty does not push aside the Sabbath it only is logical that in a case of doubt it not push aside the holiday. But is it permitted to slaughter on a Sabbath? Rebbi Yose said it without attribution, Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: If he slaughtered for a sick person. They told him, does not the shofar in the countryside disprove it? For in case of certainty it does not push aside the Sabbath, but in a case of doubt it pushes aside the holiday. What kind of doubt is there? If it is a weekday, he may blow, if it is a holiday, he may blow. Rebbi Ḥanina in the name of Rebbi Aḥa: In case of a hermaphrodite who blew. And it was stated so: “The hermaphrodite frees his own kind [but does not free persons not of his own kind.] The sexless frees neither his kind nor not his kind.” Rebbi Yose asked, if in the case of a hermaphrodite who blew, is that where we stated, it has no counter argument? Rebbi (Abbaye) [Abbin] said, that is one of four cases when the Great Rebbi Ḥiyya said, there is no counter-argument. But Rebbi Eleazar the son of Rebbi Eleazar the caper grower found a counter-argument. Since circumcision which in a case of doubt does not push aside the holiday, in a case of certainty pushes aside holiday night, you can say about covering the blood where in case of certainly it pushes aside holiday night, since in case of certainly it pushes aside holiday night, in a case of doubt it should push aside the holiday. This establishes that what was problematic to the earlier rabbis and was difficult for them, so it is problematic to the later rabbis and is a difficulty for them. In the opinion of Rebbi Aḥa, the hermaphrodite frees his own kind a priori, in the opinion of Rebbi Yose, a posteriori.

Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar [the caper grower] said, nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text, since Rebbi Joshua ben Qorḥa said, a person lending money to another person should not take pledges from him for more than the value of the loan since he writes for him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”

Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar the caper grower insists on interpreting the contract text. Rebbi Eleazar the caper grower explained: nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text. Rebbi Joshua ben Qorḥa explained: a person lending money to another person should not take pledges except in court; he should not enter [the debtor’s] house to take the pledge, for he writes to him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”

Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar the caper grower insists on interpreting the contract text. Rebbi Eleazar the caper grower explained: nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text. Rebbi Joshua ben Qorḥa explained: a person lending money to another person should not take pledges except in court; he should not enter [the debtor’s] house to take the pledge, for he writes to him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”

“If I partially set up for damage claims” “as if I had set up for any claims.” This is the pit, as it was stated: If somebody dug a pit ten handbreadths deep and another came and deepened it another handbreadth, the latter is responsible. Rebbi says, one goes after the latter in case of death and after the former for damages. Rebbi Isaac says: So is the baraita: After the latter in case of death and after both of them for damages. If he dug [a pit] ten handbreadths deep and another person came, whitewashed and lined it, both of them are liable. Is he liable because he whitewashed and lined it? When he told him, whitewash this (house) [pit] and acquire it, for Rebbi Immi said in the name of Rebbi Eleazar, the prevention of damages follows the rules of guarding an acquisition. Rebbi Simon said, explain it when he was digging in the dunes. And it was stated: If each of them dug ten, or each one twenty, or each one a hundred, they are all liable. How deep does it have to be? To be deadly, ten handbreadths. To do damage, anything. Symmachos says, three in depth and four in width. Rebbi Eleazar the caper grower says, the length of the animal which falls in. What means the length of the animal which falls in? Whether chicken or camel.

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" !

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 Nahman b. Isaac said : Men do plant caper-bushes for the sake of the shoots, but not the palm for the sake of the heart ; and although Samuel praised Rab Judah, the Halakah is in agreement with Samuel.

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.

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.

This is self-contradictory ! Thou declarest, "In the case of the caper-bush, Bet Shammai say : It constitutes Kila'im in a vineyard" — hence it is a kind of vegetable ! It then goes on to state, "Both, however, admit that it is subject to 'Orlah" — hence it is a kind of tree!

But, said Raba : When do we declare that a thing constitutes the protection of the fruit ? When it is there at the time the fruit has ripened ; but the caper-bud is not there at the time the fruit has ripened.

but here [in the case of the caper] the fruit does not perish if the protecting [bud] is removed. The experiment was made ; they removed the blossom of the pomegranate and the fruit withered ; they removed the flower of the caper but the caper survived.

but here [in the case of the caper] the fruit does not perish if the protecting [bud] is removed. The experiment was made ; they removed the blossom of the pomegranate and the fruit withered ; they removed the flower of the caper but the caper survived.

but here [in the case of the caper] the fruit does not perish if the protecting [bud] is removed. The experiment was made ; they removed the blossom of the pomegranate and the fruit withered ; they removed the flower of the caper but the caper survived.

Shitin, Rabbah b. Bar Hannah said in the name of R. Johanan, are a species of figs. Rimin are lote. 'Uzradin are crab-apples. Benot Shuah, Rabbah b. Bar Hannah said in the name of R. Johanan, are white figs. Benot Shikmah, Rabbah b. Bar Hannah said in the name of R. Johanan, are sycamore-figs. Gofnin are late grapes. Nispah is the caper-bush. Nobelot Temarah — R. El'a and R. Zera [differ in their explanation] — One says "Fruit scorched by the sun" ; the other says "Dates blown from the tree by the wind."