daytime

Rebbi Simeon ben Laqish asked, does cutting the `omer during daytime push aside the Sabbath? Rebbi Abbai objected, did we not state, “its obligation is to harvest during nighttime. If it was cut during daytime it is qualified and pushes the Sabbath aside.” But he did not accept it. Rebbi Aḥa said, Rebbi Simeon ben Laqish changed his opinion because of this: “After nightfall he says to them, did the sun set? They say, yes. Did the sun set? They say, yes.” Where do we hold? If about nighttime, that already was said. But if it does not refer to nighttime, let it refer to daytime; it is a matter that pushes aside the Sabbath during daytime. Do the preparations push aside the Sabbath during nighttime? Did we not state, “they made the maker of pan-baked breads make pan-baked breads.” Explain it, on a weekday. Rebbi Ḥiyya bar Ada stated, “this is the daily order of service of our God’s Temple,” whether on a weekday or a Sabbath. But did we not state, “they harvested it and put it in boxes, brought it to the Temple courtyard, and were parching it in fire to fulfill the commandment of roasting. Rebbi Yose said, since he started the meritorious work, one tells him to complete it.” Rebbi Judah from Kappadokia objected before Rebbi Yose: Think of it, if it came from storage. Since he did not start the meritorious work, there is no reason to tell him to complete it. Rebbi Jacob bar Sosai objected before Rebbi Yose, did we not state, “for on a distance of walking a night and a day one desecrates the Sabbath and goes for testimony of the new moon”? He said to them, since the daytime needs the nighttime and the nighttime needs the daytime, it is as if it were all daytime. Rebbi Yose ben Rebbi Abun said, is it not sanctified retroactively? Since it is sanctified retroactively there is no difference between day and night.

“With him.” Rebbi Mana said, it only said “with him.” Therefore, not one after the other. Rebbi Abin said, even one after the other since anyhow it is obvious: On a road during the night, in a ruin during daytime, in dark passageways during daytime.

“With him.” Rebbi Mana said, it only said “with him.” Therefore, not one after the other. Rebbi Abin said, even one after the other since anyhow it is obvious: On a road during the night, in a ruin during daytime, in dark passageways during daytime.

HALAKHAH: “On the same day, Rebbi Aqiba explained,” etc. Rebbi Yose ben Rebbi Abun said, Rav and Samuel. One said, Rebbi Aqiba referred to both heave and profane food, but the other referred to heave but not to profane food. But one does not know who said what. Since Rebbi Yose said in the name of Rebbi Jonah, they said, Rav in the name of the elder Rebbi Ḥiyya: The tertiary comes because of the reptile. This implies that he said that Rebbi Aqiba referred to both heave and profane food. A Mishnah disagrees with Rav: “If tithe food was prepared [for impurity] by a fluid and a ṭevul yom or unclean hands touched it, one may take from it the heave of the tithe in purity because it is tertiary, and the tertiary is pure for profane food.” He explains that it is a leniency about hands [whose impurity] is rabbinical. But did we not state: “A ṭevul yom”? Explain it by a ṭevul yom from [the impurity] of a broken field. Rebbi Zeïra said, you may even say a biblical tevul yom. There is a difference since it is written “pure, impure”. Pure for profane food during daytime and for heave when it gets dark. Rebbi Ḥaggai objected before Rebbi Yose: May we not say: Pure for touch and impure for eating? He answered him, vessels are mentioned in the paragraph! Can you say about vessels that they are pure for touch and impure for eating?

Because no blessing is written for creatures? Could she have been married on the Sabbath if a blessing were written for creatures? But was it not stated: “A man should not first have sexual relations on the Sabbath, for he makes a wound.” It must follow “others”, for “others permit it.” But “others” permit only when he is already married, for before he was married he had no right to what she finds, what she earns, and to dissolve her vows. After he married her, he has the right to receive what she finds or earns, and to dissolve her vows. If you say so, he is like someone who acquires on the Sabbath. Rebbi Mana said, this means that those who marry a widow must take her in when it is still daytime on Friday, that he should not be like someone who acquires on the Sabbath.

A private person who committed himself for a fast day, eats and drinks after nightfall. But if he said a public fast day, he eats and drinks only during daytime. If he made a vow to fast and it turned out to fall on Sabbath days or holidays, he is whipped but does not need permission from a Sage. If he made a vow to fast and it turned out to fall on days written in the Scroll of Fasts, Rebbi Ḥizqia and Rebbi Yudan in the name of Rebbi Ḥiyya bar Abba: One said, he fasts but does not finish, but the other one said, he is whipped but does not need permission from a Sage. That is, you say that before the scroll of fasts was abolished. But when the Scroll of Fasts was abolished, all this was abolished. Rebbi Ḥanania and Rebbi Joḥanan both say that the Scroll of Fasts was abolished. Rebbi Joshua ben Levi said, the Scroll of Fasts was abolished. Rebbi Joḥanan said, yesterday I was sitting and stating: “It happened that they decreed a fast day at Lod during Ḥanukka. Rebbi Eliezer went and had a haircut, Rebbi Joshua went and took a hot bath. Rebbi Joshua said to them, go and fast for what you fasted.” And you say, the Scroll of Fasts was abolished? Rebbi Abba said, even though you say that the Scroll of Fasts was abolished, Ḥanukka and Purim were not abolished. The acts of the rabbis imply that the Scroll of Fasts was abolished: Rebbi Jonathan fasted on the day before New Year’s Day. Rebbi Abin fasted on the day before Tabernacles. Rebbi Ze‘ira fasted 300 fast days, and some say 900 fast days and did not care about the Scroll of Fasts. Rebbi Jacob bar Aḥa told the scribes: If a woman comes to ask you, tell her that one may fast any day except Sabbaths, holidays, New Moons, the intermediary days of holidays, Ḥanukka, and Purim.

Rebbi Simeon ben Laqish in the name of Bar Qappara: You catch him at the mention of “ox”, at the mention of “first”. “The black ox which comes out of my house first,” if a white one came out and the black followed him, you catch him because he is the leader of the black ones. “The white ox which comes out of my house first,” if a black one came out and the white followed him, you catch him because he is the leader of the white ones. “The ox which stands at the manger” and it was lying down, “lying down” and it was standing, should be like what Rebbi Abbahu said in the name of Rebbi Joḥanan: If he wanted to give heave from wheat and he gave from barley, during nighttime he did not do anything, during daytime, what he did is done. Brown grain and it turned out to be white, even during daytime he did not do anything. “A ram” is nothing. “A calf” yes, since it is written: “A calf of cattle as purification offering.” “A sheep” is nothing. “Tetradrachmas” is nothing. “Change” is nothing. “A gold denar” was sanctified.

Rebbi Simeon ben Laqish in the name of Bar Qappara: You catch him at the mention of “ox”, at the mention of “first”. “The black ox which comes out of my house first,” if a white one came out and the black followed him, you catch him because he is the leader of the black ones. “The white ox which comes out of my house first,” if a black one came out and the white followed him, you catch him because he is the leader of the white ones. “The ox which stands at the manger” and it was lying down, “lying down” and it was standing, should be like what Rebbi Abbahu said in the name of Rebbi Joḥanan: If he wanted to give heave from wheat and he gave from barley, during nighttime he did not do anything, during daytime, what he did is done. Brown grain and it turned out to be white, even during daytime he did not do anything. “A ram” is nothing. “A calf” yes, since it is written: “A calf of cattle as purification offering.” “A sheep” is nothing. “Tetradrachmas” is nothing. “Change” is nothing. “A gold denar” was sanctified.

MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.

MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.

MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.

MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.

MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.

HALAKHAH: “If it was written during daytime and signed during daytime,” etc. Rebbi Joḥanan said, it is invalid because of the usufruct. Rebbi Simeon ben Laqish told him, then you should also be suspicious of the bills of divorce brought from overseas; maybe they were written during daytime and signed in the night! He answered him, there the forgery is intrinsic, here it is extrinsic.

HALAKHAH: “If it was written during daytime and signed during daytime,” etc. Rebbi Joḥanan said, it is invalid because of the usufruct. Rebbi Simeon ben Laqish told him, then you should also be suspicious of the bills of divorce brought from overseas; maybe they were written during daytime and signed in the night! He answered him, there the forgery is intrinsic, here it is extrinsic.

HALAKHAH: “If it was written during daytime and signed during daytime,” etc. Rebbi Joḥanan said, it is invalid because of the usufruct. Rebbi Simeon ben Laqish told him, then you should also be suspicious of the bills of divorce brought from overseas; maybe they were written during daytime and signed in the night! He answered him, there the forgery is intrinsic, here it is extrinsic.

“What is a positive commandment that is activated by time? For example sukkah, and shofar, and lulab, and tefillin. What is a positive commandment that is not activated by time? For example lost articles, sending away the [mother from the] nest, railing, and ẓiẓit. Rebbi Simeon exempts women from ẓiẓit because it is a positive commandment activated by time.” Rebbi Simeon said to them: Do you not agree with me that it is a positive commandment activated by time? Because a nightgown is exempt from ẓiẓit. Rebbi Hila said: The reason of the rebbis is that, if a garment is designated both for daytime and for night, it needs ẓiẓit.

MISHNAH: A person hired for the day collects the entire night; a person hired for the night collects the entire day. A person hired for hours collects the entire day and the entire night. A person hired for a week, a month, a year, or a Sabbatical period, if he finishes during daytime, he collects the entire day; if he finishes at nighttime, he collects the entire night and the following day.

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that he was buried close to sundown [and one cannot infer anything.]

This Nabal was a descendant of Kelubai. Nabal said, nobody in Israel comes from a better family than I. That is what is written: A man from Maˋon had his business in Karmel; the man was exceedingly rich, a Kalebite, a descendant of Kelubai. David heard in the prairie that Nabal was shearing. Tell him, to life! For long life. Peace be with you, etc. Rebbi Justus from Sunem said, they formed a camp. Nabal answered David’s servants, etc. From where that in criminal trials the voting starts from the side? Samuel the Elder stated before Rebbi Aḥa: David told his men, etc. He flew at them. What means he flew at them? He made them fly with words. Now know this and consider what to do. She fell in with them, she bared her thigh and they walked by its light. She fell in with them, they all were recognizable. [David] said, was it in vain that I watched, etc.? Pissing on a wall; why does he refer to the dog pissing on a wall? Even with the dog I shall not have mercy. Abigail saw David, etc. She told him, my lord David, what did I do, what did my children do, what did my animals do? He answered her, because he insulted the kingdom of David. She asked him, are you a king? He told her, did not Samuel anoint me as king? She answered him, our Lord’s Saul‘s coin is still circulating. And I am your servant; this proves that he asked her for sex. Immediately, she brought out her stains and showed him. He said, does one investigate stains in the night? She retorted, may your ears hear what your lips say! Stains one does not investigate in the night, does one judge capital cases in the night? He answered, his sentence was already passed in daytime. She retorted, may this not be פוּקָה for you.

MISHNAH: Civil suits are tried during the day and may be decided in the night but criminal suits are tried during the day and decided during daytime.

Another interpretation: That is one who mentions teachings of the Torah at a filthy place. As the following: Rebbi Hila and the colleagues were sitting in front of a hostelry in the evening. They asked, may one say words of the Torah? They said, since if it were daytime we would see what is before us, therefore now it is forbidden.

And like planted nails. Why does he not say, “like fixed nails and planted trees”? They chose and selected the iron and improved the planting of iron rods. Another explanation, and like planted nails. Just as this nail, once it has been fixed, if you then remove it from its place, its place remains visible; so everybody against whom the rabbis stretched out their hand, even if afterwards they took him back, in the end he will take what is coming to him from their hands. Another explanation, and like planted nails; it is written watches. Since there are 24 watches, there should be 24 nails. How many nails should it have? Rebbi Joḥanan said five, corresponding to the five books of the Torah. Rebbi Ḥinena said seven, corresponding to your days are your steps. Rebbi Aḥa explained following Rebbi Ḥanina: nine. Rebbi put eleven on one [shoe] and thirteen on the other, for the number of watches. Rebbi Yose ben Ḥanina said, a crooked nail is not counted with the nails. Rebbi Abba bar Zavda asked before Rebbi Zeˋira: may one put all of them on one boot? He told him, it is permitted. May one put all of them on one sandal? He told him, it is permitted. It was stated: One does not scrape old boots or sandals but one may anoint them or dip them in water. Rebbi Crispus in the name of Rebbi Joḥanan: The students of the Elder Rebbi Ḥiyya say that those of first rank said, one may scrape, those of second rank said, one may not scrape. They asked Rebbi, who told them, one does not scrape. Rebbi Zeˋira said, here goes one of the students of the Elder Rebbi Ḥiyya. Rebbi Ḥiyya bar Ashi said, we used to sit before Rav and were anointing and rinsing, but not scraping. It was stated: A person should wear new boots and sandals only if he walked in them during daytime. How far should he walk? The people from the house of Bar Qappara said, from the House of Study of Bar Qappara to the House of Study of Rebbi Hoshaia. The Sepphoreans say, from the Babylonian synagogue to Rebbi Ḥama bar Ḥanina’s house. The Tiberians say, from the Academy to Rebbi Hoshaia’s store. It was stated: Nobody should anoint his foot in a shoe or sandal but he may anoint his foot and step into his shoe or his sandal. One may anoint himself and roll on a tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it. Another explanation, and like planted nails. If words about Torah are spelled out clearly by their authors, they are sweet to their listeners like well-ordered saplings. But if they come out confused, they are as bitter for their listeners as nails.

It is written The rage of the Eternal was kindled against Israel. The Eternal said to Moses: Take all the heads of the people and hang them for the Eternal before the sun. What he told him was, install their heads as judges over them and let them execute the sinners at daytime. That is what is written: Moses told the judges of Israel: each one should kill his men who cling to the Baˋal Peˋor. How many were the judges of Israel? 78’600. Heads of thousands, 600. Heads of hundreds, 6'000. Heads of fifties, 12’000. heads of tens, 60’000. It turns out that the judges of Israel were 78’600. He told them, each of you should execute two. It turns out that the number of the killed was 157’200. Behold, a man from the Children of Israel came and introduced to his brothers the Midianite woman, to the eyes of Moses. What means to the eyes of Moses? Like a man who says, that is in your eyes, Moses. He told him, is not Ẓippora a Midianite, and are not her hooves split? This one is pure, that one is impure? There, Phineas was present. He said, is there nobody who would kill him or be killed? Where are the lions? A lion whelp is Jehudah; Dan is a lion whelp; Benjamin a rapacious wolf. When Phineas saw that nobody of Israel did anything, he immediately rose from his court, took the spear in his hand, and put its iron under his belt. He was leaning on its wood until he arrived at his door. When he arrived at his door, they asked him, where to, Phineas? He said to them, do you not agree that everywhere the tribe of Levi is with the tribe of Simeon? They said, let him, maybe the Pharisees permitted the matter. When he entered, the Holy One, praise to Him, performed six wonders for him. The first miracle: usually they would separate, but the angel glued the one to the other. The second miracle: He directed the spear into her belly to that his penis should be seen inside her belly because of the fault-finders, lest they say that he muscled himself in with them and satisfied himself. The third miracle: the angel closed their mouths, so they could not cry. The fourth miracle: they did not slip from the weapon but stayed in place. The fifth miracle: The angel lifted the lintel so that both of them were carried out between his shoulders. The sixth miracle: When the plague started to destroy the people, what did he do? He threw them on the ground and prayed. That is what is written: Phineas stood and prayed; the plague was arrested.

Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.

Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Rebbi Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow,mourning are all who throw a fish-hook into the Nile? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If someone died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If the person died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning during daytime is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that the person was buried close to sundown and one cannot infer anything.

And for storms. What is a storm? Abbai said : A hurricane ; and further said Abbai : There is a tradition that a hurricane never happens during the night. But we have seen it occurring ! It must have commenced in the daytime. Abbai likewise said: There is a tradition that a hurricane does not last two hours; to fulfil that which was said, "Trouble shall not rise up the second time" (Nahum i. 9). But we have seen it lasting [longer than that]! It stopped in between.

Rab said : The reason why the inhabitants of Mahoza are so shrewd is because they drink the waters of the Tigris ; the reason why they are red-spotted is because they indulge in sexual intercourse in the daytime ; and the reason why their eyes are unsteady is because they dwell in dark houses.

Rabbi Zera said: From the following verse, "And there shall be a sukkah for shade in the daytime from the heat" (Isaiah 4:6). Up to twenty cubits [high] one sits in the shade of the sukkah; but with one higher than twenty cubits he sits, not in the shade of the sukkah but in the shade of its walls.

And Rabi Zeira? If that were true, let it say "and a canopy will be for shade in the daytime." And what [does it say]? "And a Sukkah will be for shade in the daytime." We learn both things from this.

And Rabi Zeira? If that were true, let it say "and a canopy will be for shade in the daytime." And what [does it say]? "And a Sukkah will be for shade in the daytime." We learn both things from this.

Joshua b. Levi further said: One must read the Megillah in the evening and repeat it in the day, as it is written, “O my God, I cry in the daytime, but You do not answer, and in the night and I have no rest” (Psalms 22:3).