hits

But now, since Apollonius Molo, and Lysimachus, and some others, write treatises about our lawgiver Moses, and about our laws, which are neither just nor true, and this partly out of ignorance, but chiefly out of ill-will to us, while they calumniate Moses as an impostor and deceiver, and pretend that our laws teach us wickedness, but nothing that is virtuous, I have a mind to discourse briefly, according to my ability, about our whole constitution of government, and about the particular branches of it. For I suppose it will thence become evident, that the laws we have given us are disposed after the best manner for the advancement of piety, for mutual communion with one another, for a general love of mankind, as also for justice, and for sustaining labors with fortitude, and for a contempt of death. And I beg of those that shall peruse this writing of mine, to read it without partiality; for it is not my purpose to write an encomium upon ourselves, but I shall esteem this as a most just apology for us, and taken from those our laws, according to which we lead our lives, against the many and the lying objections that have been made against us. Moreover, since this Apollonius does not do like Apion, and lay a continued accusation against us, but does it only by starts, and up and clown his discourse, while he sometimes reproaches us as atheists, and man-haters, and sometimes hits us in the teeth with our want of courage, and yet sometimes, on the contrary, accuses us of too great boldness and madness in our conduct; nay, he says that we are the weakest of all the barbarians, and that this is the reason why we are the only people who have made no improvements in human life; now I think I shall have then sufficiently disproved all these his allegations, when it shall appear that our laws enjoin the very reverse of what he says, and that we very carefully observe those laws ourselves. And if I he compelled to make mention of the laws of other nations, that are contrary to ours, those ought deservedly to thank themselves for it, who have pretended to depreciate our laws in comparison of their own; nor will there, I think, be any room after that for them to pretend either that we have no such laws ourselves, an epitome of which I will present to the reader, or that we do not, above all men, continue in the observation of them.

We have stated there: “If somebody throws from four cubits [distance] to a wall, if [the projectile hits] higher than ten hand-breadths, he is like one throwing into the air, if lower than ten hand-breadths, he is like one throwing onto the ground.” Rav Ḥisda said, if it extends slanting. But will it not finally descend? Rebbi Ḥiyya in the name of Rebbi Joḥanan, explain it that it was a soft fig cake and it stuck. Rebbi Ḥaggai asked before Rebbi Yose, does this not imply that the declivity of a terrace belongs to the level below? He said to him, there the vegetables profit from the terrace but here people rub it and it falls down. If it would say, if there is a hole [in the wall] and it profits from the hole just as vegetables profit from the terrace, you would be justified.

MISHNAH: There are 39 categories of work. He who ploughs, who sows, who harvests, who binds into sheaves, who threshes, and who winnows, who selects, who grinds, and who sifts, who makes dough, and who bakes. He who shears wool, who bleaches it, who cards it, who dyes it, who spins it, who prepares the loom, who ties two threads as warp, who weaves two rows, who hits two threads, who ties, and who unties. Also who sews two stitches, who tears in order to sew two stitches. He who catches a deer, who slaughters it, who skins it, who salts it, who rubs it clean, who tans it, who cuts it, who writes two letters, and who erases in order to write two letters. He who builds, and who tears down, who extinguishes fire, and who lights fire, and who hits with a hammer, and who transports from one domain to another; these are the 39 categories of work.

MISHNAH: There are 39 categories of work. He who ploughs, who sows, who harvests, who binds into sheaves, who threshes, and who winnows, who selects, who grinds, and who sifts, who makes dough, and who bakes. He who shears wool, who bleaches it, who cards it, who dyes it, who spins it, who prepares the loom, who ties two threads as warp, who weaves two rows, who hits two threads, who ties, and who unties. Also who sews two stitches, who tears in order to sew two stitches. He who catches a deer, who slaughters it, who skins it, who salts it, who rubs it clean, who tans it, who cuts it, who writes two letters, and who erases in order to write two letters. He who builds, and who tears down, who extinguishes fire, and who lights fire, and who hits with a hammer, and who transports from one domain to another; these are the 39 categories of work.

Rebbi Joḥanan and Rebbi Simeon ben Laqish worked on this Chapter for three and one half years. They produced 39 derivatives for each single one. Where they found a way to include it they included it. Where they did not find a way to include it they classified it as “who hits with a hammer.”

A woman if she mixes wheat, because she is sifting; if she breaks the tips, because she is threshing; if she breaks the sides, because she is selecting; if she hits, because she is grinding; if she sifts, because she is winnowing; if she completes her work, because she is hitting with a hammer.

One who makes ropes. The one who twines them is liable because of spinning. One who makes basket work of reeds, sieves, bast mats, is liable because of weaving. A woman when she prepares the loom, because of preparing. When she fastens the web, because of tying threads. When she erects [the loom], because of building. When she hits, because of weaving. When she cuts the threads, because of cutting. When she finishes her work, because of hitting with a hammer. One who makes boxes, when he starts, because of preparing. When he tailors, because of sewing. When he bends, because of building. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. One who makes bed-sheets, lengthwise because of preparing, crosswise because of weaving. Grating, because of tying threads. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. There are two warp threads per peg and two pegs for each warp thread.

“He who weaves two rows, who hits two threads, who ties, and who unties.” What tying was in the Tabernacle? They were tying down the ropes. But was this not temporarily? Rebbi Yose says, because they were camping and travelling by the Word, was it like temporarily? Rebbi Yose [ben Rebbi Abun] said, since the Holy One, praise to Him, has promised them that he will bring them into the Land, it is as if it were (temporary) [permanent]. Rebbi Phineas said, they learned it from the gobelin sewers. If [a thread] broke, he was tying it. If it broke again, it was impossible to make many knots but he would untie the first one. Rebbi Ḥizqiah said, an expert tailor merges the two heads. And where was this said? As Rebbi Yose ben Rebbi Ḥanina said, they learned it from the weavers of the gobelins. What is the reason? The length of one gobelin, that it should be an entity. If [a thread] broke, he was tying it. When he came to the weave, he untied it and brought it in. Rebbi Tanḥuma in the name of (Rav) [Rebbi] Ḥuna: Even on its warp there was neither knot nor connection.

MISHNAH: How much would a builder build to become liable? One who builds anything. One who chisels stone, and one who hits with a hammer or a hatchet, or who drills anything is liable. This is the principle: Anybody who performs work on the Sabbath and whose work has permanence is liable. Rabban Simeon ben Gamliel says, also one who hits with the back of his hammer on the anvil during work is liable because he improves the work.

MISHNAH: How much would a builder build to become liable? One who builds anything. One who chisels stone, and one who hits with a hammer or a hatchet, or who drills anything is liable. This is the principle: Anybody who performs work on the Sabbath and whose work has permanence is liable. Rabban Simeon ben Gamliel says, also one who hits with the back of his hammer on the anvil during work is liable because he improves the work.

And it is difficult about Rabban Simeon ben Gamliel. If one took [tools] to harvest but did not harvest, is that perhaps anything? Rebbi Ada said, Rabban Simeon ben Gamliel parallels Rebbi Jehudah, as it was stated: “One who hits or smooths a piece of weaving is liable because he equalizes with his hand.” And here because he equalizes with his hand.

It was stated, “and Gad from Gadiel”. They objected to Rebbi Jehudah, are not these straight and those bent? It was stated in the name of Rebbi Jehudah: If he wrote two identical letters and they form a word he is liable, e. g., חָח ,רָר ,גַּג ,תֵּת ,שָׂשׂ. But the rabbis, two letters anywhere. You are finding to say that there is leniency and stringency for Rebbi Jehudah, leniency and stringency for the rabbis. A leniency for Rebbi Jehudah: If he wrote two identical letters and they form a word, in the opinion of Rebbi Jehudah he is liable, in the opinion of the rabbis he is not liable. Two letters anywhere even though they do not define a word, in the opinion of Rebbi Jehudah he is not liable, in the opinion of the rabbis he is liable. The opinion of Rebbi Jehudah seems inverted, as it was stated: “I could think only if he wrote the entire word, only if he wove the entire cloth, only if he made the entire sieve, the verse says, of one. If of one, I could think even if he wrote one letter, even if he wove one thread, even if he made one loop on a fine or coarse sieve. The verse says, he did one. How is this? Only if he made a work similar to one which is permanent.” And here he says, “one who hits or smooths a weave is liable because he equalizes with his hand.” And here because he equalizes with his hand.

And it is difficult about Rabban Simeon ben Gamliel. If one took [tools] to harvest but did not harvest, is that perhaps anything? Rebbi Ada said, Rabban Simeon ben Gamliel parallels Rebbi Jehudah, as it was stated: “One who hits or smooths a piece of weaving is liable. He is liable because he equalizes with his hand.” And here because he equalizes with his hand.

What means הצביעו? Show a finger. If one put up one, he is counted; two, he is counted; three he is not counted. What means., “is not counted”? Not at all? One does not count the additional. Four, the overseer hits him with a whip and cancels the lottery.

“Normally”, catching using a trap. “With a change”, he sticks on a spear, hits with an axe, or flattens the earth under it. It was stated: “One destroys ant hills on the holiday. How does one do it? Rabban Simeon ben Gamliel says, he takes from one and puts them next to another and they will kill one another,” but only is a water canal in between.

HALAKHAH: “The House of Hillel say, we heard only,” etc. The House of Shammai said to them: Is there not harvest the entire year? How is that? At the end of barley harvest starts wheat harvest. At the end of wheat harvest starts grape harvest. At the end of grape harvest starts olive harvest. That means, there is some harvest the year round. They accepted this argument. And why the grain harvest? Rebbi Mana said, because there accidents are frequent, for the sun only hits a person’s head at grain harvest time. That is what is written: “The child grew and some day it went to his father, to the harvesters. He said to his father, ‘my head, my head’; who said to the servant, ‘carry him to his mother’. He carried him and brought him to his mother where he sat on her knees until noontime, when he died.” But the rabbis say, because snakes are abundant. Rebbi Yose ben Rebbi Abun said, “You shielded my head at the day of kissing,” at the day summer and winter are kissing. Another explanation: “At the day of weaponry,” that is Gog’s weaponry. Another explanation, on a day when two worlds kiss one another, when this world leaves and the future world enters.

MISHNAH: She does not finish drinking before her face becomes yellow, her eyes protrude, and her veins swell. She is taken outside so that she does not pollute the temple courtyard. If she has merit, it suspends. There is merit which suspends for one year, there is merit which suspends for two years, there is merit which suspends for three years. From this, Ben Azai concluded that one is obligated to teach his daughter Torah, so that when she needs to drink, she will know that the merit will assist her. Rebbi Eliezer says: whoever teaches his daughter Torah teaches her debauchery. Rebbi Joshua said: a woman prefers one qab and frivolity to nine qabim and abstinence. He used to say: a foolish pious man, a sly wicked man, a predatory woman, and hits by the predatory, these are the ones who ruin the world.

“Hits by the predatory”. That is the one who counsels the orphans to hide support from the widow. As the following: Rebbi Sabbatai’s widow was wasting the estate. The orphans came before Rebbi Eleazar. He said to them, what can one do for you; you are stupid. Some scribe came out and said to them: I shall tell you what he said: Behave as if you would sell and she will demand her ketubah and lose her support. In the evening she came before Rebbi Eleazar. He said, this one was hit by the predatory. It should come over me if I had intended that.

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah bar Ḥaninah: They voted in Usha that one who insults an Elder or hits him has to indemnify him fully for his shame. It happened, that somebody who insulted an Elder and hit him had to indemnify him fully for his shame. They said, it happened to Rebbi Jehudah ben Ḥanina.

HALAKHAH: “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman. If they become generally known, one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days. There, we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand, Rebbi Meïr declares pure but the Sages declare it impure, for toddlers will slap their hands on cake-dough.” Does one burn because of general knowledge? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father? But it says, one executes. So here also one executes.

It was stated: “I am selling you a fertile slave girl, her children increase her value. Rabban Simeon ben Gamliel says, this is buttocks.” It is written: “If quarrelling men hit a pregnant woman and she loses her children.” Abba Yose ben Ḥanan said, from the meaning of “and she loses her children” would I not know that she was pregnant? Then why does the verse say “pregnant”? It tells you that he is not liable unless he hits her at the place of her pregnancy. Therefore, if he hit her on the palm of her hand or the sole of her foot, he is not liable. “As the woman’s husband will put on him”. Do I understand, even if the pregnancy is not his? The verse says, “pregnant”. It tells that he pays only to the master of the pregnancy. Rebbi Uqba asked, if somebody sleeps with his mother or his sister, is that one not also the master of the pregnancy? The verse says “husband”, somebody who may be called “husband”. This excludes those who cannot be called “husband”.

MISHNAH: This is more severe regarding a human than an ox since a human pays damages and pays for unborn children, but the ox pays only damages and does not pay for unborn children. A person who hits his father or mother without causing a concussion or who causes injury on the Day of Atonement is liable for everything. He who injures a Hebrew slave is liable for everything except for lost earnings if he is his own. He who injures another person’s Canaanite slave is liable for everything. Rebbi Jehudah says, slaves have no claim for embarrassment.

HALAKHAH: “This is more severe regarding a human than an ox,” etc. “A person who hits his father or mother,” etc. It was stated: If the witnesses said, we testify that X blinded both of his eyes simultanously, or that he knocked out two of his teeth simultaneously, he does not have to pay anything. One after the other, he gains his freedom by the first and he pays him damages for the second. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that one estimates embarrassment for slaves. Rebbi La in the name of Rebbi Joḥanan: If a person dedicates his earnings, he dedicates everything. If he dedicates the earnings of his slave, he can take from there his upkeep and the remainder is dedicated. Here you say, the remainder is dedicated, but there you say, everything is holy. Rebbi Aḥa said, Jews are more obligated to support free people than slaves. But did not Rebbi Joḥanan say: If somebody cuts off the hands of somebody else’s slave, his master collects damages, suffering, medical costs, loss of earnings, and embarrassment, and that one should be supported by welfare. Rebbi Aḥa said, Jews are more obligated to support amputated slaves than unimpaired ones. But did not Rebbi Joḥanan also give to his slave when he ate meat? Give also to his slave when he drank wine? And recited for himself the verse: “Did not His maker make me in the womb”? They said, there a rule of law, here a rule of mercy.

MISHNAH: It is bad to meet a deaf-mute, an insane, or an underage person: Anybody who injures them is liable but they who cause injury are not liable. It is bad to meet a woman or a slave: Anybody who injures them is liable but they who cause injury are not liable, but they might have to pay later. If the woman was divorced or the slave manumitted, they have to pay. A person who hits his father or mother causing a concussion or who causes injury to a fellow man on the Sabbath is not liable for anything since he is tried for his life. One who injures his own Canaanite slave is not liable for anything.

MISHNAH: He who hits another pays him a tetradrachma; Rebbi Jehudah says in the name of Rebbi Yose the Galilean, a mina. If he slapped him, he pays 200 zuz, with the back of his hand he gives him 400 zuz. If he hurt him on his earlobe, tore out some of his hair, spat on him and the spit touched him, removed his stole, uncovered a woman’s hair, he pays 400 zuz; everything corresponding to his honor. Rebbi Aqiba said, even the poorest in Israel are treated as aristocrats who lost their property, for they are descendents of Abraham, Isaac, and Jacob. In a case where somebody uncovered a woman’s hair, she came before Rebbi Aqiba who obligated him to pay her 400 zuz. He said to him, Rabbi, give me some time, which he did. He watched her at the entrance of her courtyard and broke a flask before her which contained an as worth of oil. She uncovered her hair, splashed her hand with the oil and worked it onto her head. He had her observed by witnesses and came before Rebbi Aqiba, telling him, to such a one I have to give 400 zuz? He told him, you did not say anything since a person who injures himself, while he is not allowed to do that, is not liable, but others who injure him are liable; a person who cuts down his fruit trees, while he is not allowed to do that, is not liable, but others who cut down his fruit trees are.

HALAKHAH: “He who hits another pays him a tetradrachma.” “Rebbi Aqiba said, even the poorest in Israel,” etc. Rav Qarni stated: For a kick, one. For an elbow, three. For sqlvnqyt fifteen. Somebody said in the name of Rebbi Simeon ben Laqish: He who puts an Elder to shame has fully to pay for his shame. A person insulted Rebbi Jehudah ben Ḥanina. The case came before Rebbi Simeon ben Laqish who fined him a pound of gold.

MISHNAH: But the following are strangled: One who hits his father or his mother, and one who kidnaps a person from Israel, and the Elder who rebels against the Court, and the false prophet, and one who prophesies in the name of foreign worship, and one who copulates with a married woman, and the perjured witness of a Cohen’s daughter and her paramour. One who hits his father or his mother is not punishable unless he inflict a wound on them. The following is more aggravating about one who curses than one who hits, in that one who curses is punishable even after death, but one who hits after death cannot be prosecuted.

MISHNAH: But the following are strangled: One who hits his father or his mother, and one who kidnaps a person from Israel, and the Elder who rebels against the Court, and the false prophet, and one who prophesies in the name of foreign worship, and one who copulates with a married woman, and the perjured witness of a Cohen’s daughter and her paramour. One who hits his father or his mother is not punishable unless he inflict a wound on them. The following is more aggravating about one who curses than one who hits, in that one who curses is punishable even after death, but one who hits after death cannot be prosecuted.

MISHNAH: But the following are strangled: One who hits his father or his mother, and one who kidnaps a person from Israel, and the Elder who rebels against the Court, and the false prophet, and one who prophesies in the name of foreign worship, and one who copulates with a married woman, and the perjured witness of a Cohen’s daughter and her paramour. One who hits his father or his mother is not punishable unless he inflict a wound on them. The following is more aggravating about one who curses than one who hits, in that one who curses is punishable even after death, but one who hits after death cannot be prosecuted.

MISHNAH: But the following are strangled: One who hits his father or his mother, and one who kidnaps a person from Israel, and the Elder who rebels against the Court, and the false prophet, and one who prophesies in the name of foreign worship, and one who copulates with a married woman, and the perjured witness of a Cohen’s daughter and her paramour. One who hits his father or his mother is not punishable unless he inflict a wound on them. The following is more aggravating about one who curses than one who hits, in that one who curses is punishable even after death, but one who hits after death cannot be prosecuted.

HALAKHAH: But the following are strangled,” etc. From where warning for one who hits his father or his mother? Forty times he shall hit him, he may not add. Since one who is commanded to hit is commanded not to hit, one who is commanded not to hit a fortiori is commanded not to hit.

MISHNAH: If he threw the stone into his own courtyard and it killed, if the person damaged had the right to enter there, he is exiled, but if not, he is not exiled, as it is said, if somebody goes with another to a forest. Since the forest is a place where the person injured and the one causing the injury both may enter, this excludes a private courtyard where the person injured and the one causing the injury may not enter together. Abba Shaul says, since cutting down trees is a voluntary act, this excludes a father who hits his son, a teacher who disciplines his student, and the court bailiff.

Rava says:... [This case of non-exile for a son] is when he just hits [wounds] his father inadvertently. Since, you may have thought that if he would have killed him intentionally, he would be executed, then let him also be so in a case of inadvertent striking, this comes to teach us [that no, in fact, exile is specifically in cases of inadvertent killing and not striking/wounding].