donkeys

They may not tie a horse neither to the sides of a wagon [drawn by oxen] nor behind the wagon, nor [may they tie] a Libyan donkey to [a wagon drawn by] camels. Rabbi Judah says: all [mules] born from horses, even though their father is a donkey, are permitted one with another. Likewise [mules] born from donkey, even though their father is a horse, are permitted one with another. But [mules] born from a horse with [mules] born from donkeys are prohibited one with another.

When the anointed for battle addresses the people he speaks in the holy tongue, as it is said, “And it shall be, when you draw near the battle, that the priest shall approach” (Deuteronomy 20:2) this refers to the anointed for battle. “And speak to the people” (ibid) – in the holy tongue. “He shall say to them, “Hear, O Israel, you are about to join battle with your enemy” (vs. “with your enemy” but not against your brother, not Judah against Shimon nor Shimon against Benjamin, that if you fall into their hand they shall have mercy on you, as it is said, “Then the men named above proceeded to take the captives in hand, and with booty they clothed all the naked among them they clothed them and shod them and gave them to eat and drink and anointed them and provide donkeys for all who were failing and brought them to Jericho, the city of palms, back to their kinsmen. Then they returned to Samaria” (II Chronicles 28:15). Rather against your enemies do you march, so that if you fall into their hand they will have no mercy on you. “Let not your courage falter, fear not, and do not tremble or be in dread of them” (Deuteronomy 20: “Let not your courage falter”-- at the neighing of the horses and the brandishing of swords; “Fear not” --at the crash of shields and the tramp of the soldiers shoes; “Do not tremble” -- at the sound of trumpets; “Or be in dread of them” -- at the sound of battle cries. “For it is the Lord your God that goes with you”--they come [relying] upon the might of flesh and blood, but you come [relying] upon the might of the Omnipresent. The Philistines came [relying] upon the power of Goliath (I Samuel 17:4 ff.), but what happened to him in the end? In the end he fell by the sword and they fell with him. The Ammonites came [relying] upon the power of Shobach (II Samuel 10:16-18), but what happened to him in the end? In the end he fell by the sword and they fell with him. But with you it is otherwise, “For it is the Lord your God is that goes with you” this refers to the camp of the ark.

One may not set up a shopkeeper on the condition of receiving half the profit, or give him the money to buy produce on the condition of receiving half the profit, unless he pays him his wage as a laborer. One may not set out his hens [for another to raise them and hatch their eggs] in order to share the profits, nor evaluate calves or foals [and give them to his fellow to raise] in order to share the profit, unless he pays him a wage for his labor and cost of the food. But one may receive the care of calves and foals in return for half the profits, and rear them until they reach a third of their growth, and donkeys until they can carry a burden.

One may evaluate cows and donkeys and anything that works and eats [and give them to one’s fellow to raise] in order to share the profit. Where the custom is to share the offspring immediately at birth, they do so; and where the custom is to first rear them [and then give them over to the owner], they do so. Rabban Shimon ben Gamaliel says: “One may evaluate a calf with its mother, and a foal with its mother [and give them to one’s fellow to raise in order to share the profit.] A tenant may offer increased rent in exchange for a loan to improve his field, without fearing that this is usury.

If a donkey that had never before given birth gave birth to two males, he gives one lamb to the priest. [If it gave birth to] a male and a female, he sets aside one lamb [which he keeps] for himself. If two donkeys that had never before given birth gave birth to two males, he gives two lambs to the priest. [If they gave birth to] a male and a female or two males and a female, he gives one lamb to the priest. [If they gave birth to] two females and a male or to two males and two females the priest receives nothing.

If a part of a mattress hangs over, it is unclean whatever its length, the words of Rabbi Meir. Rabbi Yose says: only that which is shorter than ten handbreadths. The remnant of a mattress remains unclean if the length is at least seven handbreadths from which a donkey's covering can be made.

Rebbi Yose bar Ḥanina said: One removes himself four cubits from animal dung. Rebbi Samuel bar Rav Isaac said, if it is soft, but only from donkeys. Rebbi Ḥiyya bar Abba said, if it arrived from a trip. Levi said, one removes himself four cubits from the excrement of a pig. And it was stated: One removes himself four cubits from the excrement of a pig, four cubits from the excrement of a marten, four cubits from the excrement of chickens. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: Only from red ones.

Clarification. Rebbi Abbahu, Rebbi Yose ben Ḥanina, and Rebbi Simeon ben Laqish passed by the orchard of Doron. The sharecropper brought them one peach; they and their donkeys ate from it and left some over. They estimated it to be like a dish from Kefar Ḥananiah that contains a seah of lentils. After a time they passed by there, he brought them two or three peaches in one hand. They said to him, we would like some from that tree. He said to them, they are from it. On that, they quoted (Ps. 107:34): “A fruit-bearing land into salt flats, because of the evil of its inhabitants.”

Rebbi Jeremiah sent Rebbi Zeïra a basket of figs that were not put in order. Rebbi Jeremiah said to himself, would Rebbi Zeïra eat anything that was not put in order? Rebbi Zeïra said to himself, it is impossible that Rebbi Jeremiah would send me anything that was not put in order. In the meantime, ṭevel was eaten. The next day, when he was with him, he asked him: Was that basket you sent me put in order? He answered him, I said, would Rebbi Zeïra eat anything that was not put in order? He answered, I also said, would Rebbi Jeremiah send me anything that was not put in order? Rebbi Abba bar Zemina said in the name of Rebbi Zeïra: If the earlier generations were angels, we are men; if they were men, we are donkeys. Rebbi Mana said, at that moment they said, we are not even comparable to the she-ass of Rebbi Phineas ben Yaïr.

Two poor people entrusted two se’ah of barley to Rebbi Phineas ben Yaïr; he sowed them and harvested them. They came to him and wanted to take their barley. He said to them, bring camels and donkeys to carry their barley.

Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish follows Rebbi Eleazar ben Rebbi Simeon. Rebbi Abun bar Ḥiyya said, even if Rebbi Simeon ben Laqish would hold with Rebbi, but only for something he is obligated to give to a Cohen; but for something he is not obligated to give to a Cohen, even Rebbi will agree since that is a Mishnah: “If he separated the redemption of a first-born donkey and then it died, Rebbi Eliezer says one is responsible for alienation as for the five tetradrachmas of the [human] first-born; but the Sages say, he is not responsible for alienation, as for Second Tithe.” Rebbi Eliezer will agree about first-born donkeys he inherited from the estate of his maternal grandfather, a Cohen, that he sanctified it when he separated it.

If she did not manage to pay before she was divorced? Come and see, if she had so many tithes, would they not be hers? There tithes are defined but here the heave is still undefined. What compares to this? First-born of donkeys.

“Grain when it is in smooth piles.” Rebbi Ḥanania in the name of Rebbi Joḥanan: When he straightens his heap. But did not Rebbi Jacob ben Sisin state: “When does he start to give heave from his threshing floor? When he removes the pitchfork.” Here, when he intends to smoothe, there if he did not intend to smoothe. It was stated: “He sifts part and gives heave from the sifted part for what is not sifted.” Rebbi Ila said, for this is the way of householders to bring it into their houses. What is the reason? (Is. 30:24) “The bulls and young donkeys which work the soil will eat sour mix.” If he sifted [grain] dedicated to the Temple and then redeemed it; since he was able to eat from it as a snack and now he cannot eat, it is as if he did it with the permission of the Temple and he is obligated. Rebbi Ḥinena objected: Did we not state, “if he took out and cleaned what was dedicated to the Temple, he is free?” Rebbi Yudan said, there it is not impossible for him not to preserve or not to cook a long time. But here it is impossible for him not to smooth it, as Rebbi Ila said, the bulls and young donkeys, etc.

“Grain when it is in smooth piles.” Rebbi Ḥanania in the name of Rebbi Joḥanan: When he straightens his heap. But did not Rebbi Jacob ben Sisin state: “When does he start to give heave from his threshing floor? When he removes the pitchfork.” Here, when he intends to smoothe, there if he did not intend to smoothe. It was stated: “He sifts part and gives heave from the sifted part for what is not sifted.” Rebbi Ila said, for this is the way of householders to bring it into their houses. What is the reason? (Is. 30:24) “The bulls and young donkeys which work the soil will eat sour mix.” If he sifted [grain] dedicated to the Temple and then redeemed it; since he was able to eat from it as a snack and now he cannot eat, it is as if he did it with the permission of the Temple and he is obligated. Rebbi Ḥinena objected: Did we not state, “if he took out and cleaned what was dedicated to the Temple, he is free?” Rebbi Yudan said, there it is not impossible for him not to preserve or not to cook a long time. But here it is impossible for him not to smooth it, as Rebbi Ila said, the bulls and young donkeys, etc.

“Because the latter are not prepared,” and they are used only connected to the ground. Rebbi Abbahu in the name of Rebbi Eleazar: “Originally all implements could be taken on the Sabbath. Because they were suspected of desecrating holidays and Sabbaths as it is written, at that time I saw in Jehudah that they were working wine presses on the Sabbath … and loading on donkeys, etc., they forbade them everything. After they were fenced in they continued to permit to them until they permitted them everything except the big saw and the blade of the plough. Rebbi Yose said, also the engraver’s stylo. Rabban Simeon ben Gamliel says, also the anchor.” “A mortar, if there is garlic in it one may take it, otherwise one may not take it; Rabban Simeon ben Gamliel says, if it is a small mortar used at table then it is like a bowl and one moves it on the Sabbath.” Rebbi Yose, Rebbi Ila in the name of Rebbi Eleazar, Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, they formulated before implements were permitted.

Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan ate bake-meats and said, I did not taste (anything) [food] on that day. But did we not state: “He who made a vow not to eat food is permitted water and salt”? Explain it following Rebbi Joshia, who said, in matters of vows one follows biblical usage. And from where that everything is called food? Rebbi Aḥa bar Ulla said: And tenfemale donkeys carrying grain, bread, and food. Why does the verse say, and food? From here that everything is called food.

Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman. The earlier generations ploughed, and sowed, and weeded, and trimmed, and hoed, cut, made sheaves, threshed, winnowed, milled, sifted, made dough, kneaded, and baked. But we do not even have a mouth to eat. Rebbi Abba bar Zemina said in the name of Rebbi Ze`ira: If the earlier generations were angels, we are men; if they were men, we are donkeys. Rebbi Mana said, at that moment they said, we are not even comparable to the she-ass of Rebbi Phineas ben Yair.

HALAKHAH: “All spittle,” etc. Rebbi Abbin in the name of Rebbi Joshua ben Levi: A Gentile fortification was there. Rebbi Ḥanina said, they were stabbing wild donkeys in Jerusalem and the feet of the pilgrims were immersed in blood up to their knee joints. [They came before the Sages who did not tell them anything.] Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: A Gentile fortification was there.

HALAKHAH: For it is written, “for they behave like donkeys with the prostitutes,” and it is written: “The woman will be a swearword among her people.” In times when her people are peaceful, not in times when her people are dissolute. “The man shall be free from sin.” When does the woman carry her iniquity? If the man is free from sin.

Rebbi Eliezer inferred from the gift which Jacob had sent to his brother Esaw, for he sent him according to copulations. “200 she-goats and 20 he-goats,” one for ten; “200 ewes and 20 rams,” one for ten. “Nursing camels and their sons 30.” Rebbi Berekhiah said, because it is decent in his sexual behavior did the verse not publicize. “40 cows and ten bulls,” one for four since they are tired; “20 she-donkeys and ten he-donkeys,” one for two since they are tired.

Rebbi Eliezer inferred from the gift which Jacob had sent to his brother Esaw, for he sent him according to copulations. “200 she-goats and 20 he-goats,” one for ten; “200 ewes and 20 rams,” one for ten. “Nursing camels and their sons 30.” Rebbi Berekhiah said, because it is decent in his sexual behavior did the verse not publicize. “40 cows and ten bulls,” one for four since they are tired; “20 she-donkeys and ten he-donkeys,” one for two since they are tired.

Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan ate bake-meats and said, I did not taste food on that day. But did we not state: “He who made a vow not to eat food is permitted water and salt”? Explain it following Rebbi Joshia, who said, in matters of vows one follows biblical usage. And from where that everything is called food? Rebbi Aḥa bar Ulla said: “And ten female donkeys carrying grain, bread, and food.” Why does the verse say, “and food”? From here that everything is called food.

Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan ate bake-meats and said, I did not taste food on that day. But did we not state: “He who made a vow not to eat food is permitted water and salt”? Explain it following Rebbi Joshia, who said, in matters of vows one follows biblical usage. And from where that everything is called food? Rebbi Aḥa bar Ulla said: “And ten female donkeys carrying grain, bread, and food, etc.” Why does the verse say, “and food”? From here that everything is called food.

HALAKHAH: “Two potters were walking one behind the other,” etc. Rebbi Joḥanan asked: Does one give time to the first to get up? Rebbi Yose said, it is obvious for Rebbi Joḥanan to give time to the first to stand up. But it is reasonable otherwise from the second one onwards, does one give time to the second to stand up? Let us hear from the following: “Potters were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. They are liable for damage to humans but not liable for damage to vessels. But if they (damaged) [warned] one another, none are liable. Donkey drivers were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. Donkeys were walking one behind the other. The first stumbled and fell, the next one stumbled and fell: even 100, all are liable.” Some Tannaïm state, none are liable. Rebbi La said, he who says ‘liable’, if their owner let them lie down. He who says ‘not liable’, if they fell, since animals are not responsible for accidents. “If the feet of a donkey were bad, one is not allowed to step over him. [ ]” What does it mean, ‘to step over him?’ They step on his body and pass by. “If one was free, the other loaded, the loaded one has the right of way before the free one. One unloaded, the other one loaded, the loaded one has the right of way before the unloaded one. If both were loaded or both unloaded, let them agree between themselves. Two carriages or two ships, one empty, the other loaded, the loaded one has the right of way before the unloaded one. If both were unloaded or loaded, let them agree between themselves.” “The person entering the bath house gives precedence to the person leaving; the person leaving the toilet gives precedence to the person entering.”

“If one accepts an animal for care from another person, how long does he have to care for it? Symmachos says, small asses twelve months, adult donkeys 24 months. If he terminates the care in the middle of the term, one estimates for him; after the term one does not estimate for him, but care for one year is not comparable to two years.”

MISHNAH: Slaying you shall slay the inhabitants of that town by the sword. A caravan of donkeys or of camels which passes from place to place saves them. Destroy it and all which is in it, including its domestic animals,by the sword. From here they said, the properties of just people in its midst are lost, what is outside escapes; that of evildoers both inside and outside is lost.

It happened that Rebbi Eliezer, Rebbi Joshua, and Rebbi Aqiba went to the dunes of Antiochia on the occasion of fundraising for the rabbis. There was there a certain Abba Jehudah who gave alms generously. Once he lost his property, he saw our teachers and gave up hope about them. He went home looking sickly. His wife asked him, why are you looking sickly? He told her, our teachers are here and I do not know what I could do. His wife, who was even more pious than he, told him: You have a field left; go, sell half of it, and give to them. He went and did so, came to our teachers and gave them. Our teachers prayed for him and said to him, Abba Jehudah, the Holy One, praise to Him, may fill your want. After they left, he went to plough his half of the field. When he was ploughing in his half of the field, his cow sank down and broke [its leg]. He went to lift her up when the Holy One, praise to Him, enlightened his eyes and he found a treasure. He said, my cow’s leg broke for my benefit. When our teachers returned, they inquired about him. They asked, how is Abba Jehudah doing? They answered, who can appear before Abba Jehudah? Abba Jehudah of his cattle, Abba Jehudah of his camels, Abba Jehudah of his donkeys! Abba Jehudah had returned to his former self; he came to our teachers to greet them. They asked him, how is Abba Jehudah doing? He told them, your prayer brought result and compound results. They told him, even though others had given more than you the last time, we wrote you on top of the honor list. They took him, made him sit with them, and recited for him this verse: The gifts of a man put him at ease; in front of great ones they will make him rest.

“And to his father he sent in like manner ten donkeys laden with the good things of Egypt” (Genesis 45:23). What are “the good things of Egypt”? R. Benjamin b. Japhet said in the name of R. Elazar: He sent him [old] wine which old men find very comforting.