retains

I said to him, “Sir, explain to me what this tree means, for I am perplexed about it, because, after so many branches have been cut off, it continues sound, and nothing appears to have been cut away from it. By this, now, I am perplexed.” “Listen,” he said: “This great tree that casts its shadow over plains, and mountains, and all the earth, is the law of God that was given to the whole world; and this law is the Son of God, proclaimed to the ends of the earth; and the people who are under its shadow are they who have heard the proclamation, and have believed upon Him. And the great and glorious angel Michael is he who has authority over this people, and governs them; for this is he who gave them the law into the hearts of believers: he accordingly superintends them to whom he gave it, to see if they have kept the same. And you see the branches of each one, for the branches are the law. You see, accordingly, many branches that have been rendered useless, and you will know them all—those who have not kept the law; and you will see the dwelling of each one.” I said to him, “Sir, why did he dismiss some into the tower, and leave others to you?” “All,” he answered, “who transgressed the law which they received from him, he left under my power for repentance; but all who have satisfied the law, and kept it, he retains under his own authority.” “Who, then,” I continued, “are they who were crowned, and who go to the tower?” “These are they who have suffered on account of the law; but the others, and they who returned their branches green, and with offshoots, but without fruit, are they who have been afflicted on account of the law, but who have not suffered nor denied their law; and they who returned their branches green as they had received them, are the venerable, and the just, and they who have walked carefully in a pure heart, and have kept the commandments of the Lord. And the rest you will know when I have examined those branches which have been planted and watered.”

On whose account also we, who are now assembled in one place — Peter and Andrew; James and John, sons of Zebedee; Philip and Bartholomew; Thomas and Matthew; James the son of Alphæus, and Lebbæus who is surnamed Thaddæus; and Simon the Canaanite, and Matthias, who instead of Judas was numbered with us; and James the brother of the Lord and bishop of Jerusalem, and Paul the teacher of the Gentiles, the chosen vessel, having all met together, have written to you this Catholic doctrine for the confirmation of you, to whom the oversight of the universal Church is committed: wherein we declare unto you, that there is only one God Almighty, besides whom there is no other, and that you must worship and adore Him alone, through Jesus Christ our Lord, in the most holy Spirit; that you are to make use of the sacred Scriptures, the law, and the prophets; to honour your parents; to avoid all unlawful actions; to believe the resurrection and the judgment, and to expect the retribution; and to use all His creatures with thankfulness, as the works of God, and having no evil in them; to marry after a lawful manner, for such marriage is unblameable. For the woman is suited to the man by the Lord; and the Lord says: He that made them from the beginning, made them male and female; and said, For this cause shall a man leave his father and his mother, and shall cleave unto his wife: and they two shall be one flesh. Nor let it be esteemed lawful after marriage to put her away who is without blame. For says He: You shall take care to your spirit, and shall not forsake the wife of your youth; for she is the partner of your life, and the remains of your spirit. I and no other have made her. For the Lord says: What God has joined together, let no man put asunder. For the wife is the partner of life, united by God unto one body from two. But he that divides that again into two which has become one, is the enemy of the creation of God, and the adversary of His providence. In like manner, he that retains her that is corrupted is a transgressor of the law of nature; since he that retains an adulteress is foolish and impious. For says He, Cut her off from your flesh; for she is not an help, but a snare, bending her mind from you to another. Nor be circumcised in your flesh, but let the circumcision which is of the heart by the Spirit suffice for the faithful; for He says, Be circumcised to your God, and be circumcised in the foreskin of your heart.

On whose account also we, who are now assembled in one place — Peter and Andrew; James and John, sons of Zebedee; Philip and Bartholomew; Thomas and Matthew; James the son of Alphæus, and Lebbæus who is surnamed Thaddæus; and Simon the Canaanite, and Matthias, who instead of Judas was numbered with us; and James the brother of the Lord and bishop of Jerusalem, and Paul the teacher of the Gentiles, the chosen vessel, having all met together, have written to you this Catholic doctrine for the confirmation of you, to whom the oversight of the universal Church is committed: wherein we declare unto you, that there is only one God Almighty, besides whom there is no other, and that you must worship and adore Him alone, through Jesus Christ our Lord, in the most holy Spirit; that you are to make use of the sacred Scriptures, the law, and the prophets; to honour your parents; to avoid all unlawful actions; to believe the resurrection and the judgment, and to expect the retribution; and to use all His creatures with thankfulness, as the works of God, and having no evil in them; to marry after a lawful manner, for such marriage is unblameable. For the woman is suited to the man by the Lord; and the Lord says: He that made them from the beginning, made them male and female; and said, For this cause shall a man leave his father and his mother, and shall cleave unto his wife: and they two shall be one flesh. Nor let it be esteemed lawful after marriage to put her away who is without blame. For says He: You shall take care to your spirit, and shall not forsake the wife of your youth; for she is the partner of your life, and the remains of your spirit. I and no other have made her. For the Lord says: What God has joined together, let no man put asunder. For the wife is the partner of life, united by God unto one body from two. But he that divides that again into two which has become one, is the enemy of the creation of God, and the adversary of His providence. In like manner, he that retains her that is corrupted is a transgressor of the law of nature; since he that retains an adulteress is foolish and impious. For says He, Cut her off from your flesh; for she is not an help, but a snare, bending her mind from you to another. Nor be circumcised in your flesh, but let the circumcision which is of the heart by the Spirit suffice for the faithful; for He says, Be circumcised to your God, and be circumcised in the foreskin of your heart.

Now they were the grandchildren of Noah, in honor of whom names were imposed on the nations by those that first seized upon them. Japhet, the son of Noah, had seven sons: they inhabited so, that, beginning at the mountains Taurus and Amanus, they proceeded along Asia, as far as the river Tansis, and along Europe to Cadiz; and settling themselves on the lands which they light upon, which none had inhabited before, they called the nations by their own names. For Gomer founded those whom the Greeks now call Galatians, [Galls,] but were then called Gomerites. Magog founded those that from him were named Magogites, but who are by the Greeks called Scythians. Now as to Javan and Madai, the sons of Japhet; from Madai came the Madeans, who are called Medes, by the Greeks; but from Javan, Ionia, and all the Grecians, are derived. Thobel founded the Thobelites, who are now called Iberes; and the Mosocheni were founded by Mosoch; now they are Cappadocians. There is also a mark of their ancient denomination still to be shown; for there is even now among them a city called Mazaca, which may inform those that are able to understand, that so was the entire nation once called. Thiras also called those whom he ruled over Thirasians; but the Greeks changed the name into Thracians. And so many were the countries that had the children of Japhet for their inhabitants. Of the three sons of Gomer, Aschanax founded the Aschanaxians, who are now called by the Greeks Rheginians. So did Riphath found the Ripheans, now called Paphlagonians; and Thrugramma the Thrugrammeans, who, as the Greeks resolved, were named Phrygians. Of the three sons of Javan also, the son of Japhet, Elisa gave name to the Eliseans, who were his subjects; they are now the Aeolians. Tharsus to the Tharsians, for so was Cilicia of old called; the sign of which is this, that the noblest city they have, and a metropolis also, is Tarsus, the tau being by change put for the theta. Cethimus possessed the island Cethima: it is now called Cyprus; and from that it is that all islands, and the greatest part of the sea-coasts, are named Cethim by the Hebrews: and one city there is in Cyprus that has been able to preserve its denomination; it has been called Citius by those who use the language of the Greeks, and has not, by the use of that dialect, escaped the name of Cethim. And so many nations have the children and grandchildren of Japhet possessed. Now when I have premised somewhat, which perhaps the Greeks do not know, I will return and explain what I have omitted; for such names are pronounced here after the manner of the Greeks, to please my readers; for our own country language does not so pronounce them: but the names in all cases are of one and the same ending; for the name we here pronounce Noeas, is there Noah, and in every case retains the same termination.

A Little while afterwards he rose up, and went from Mount Sinai; and, having passed through several mansions, of which we will speak he came to a place called Hazeroth, where the multitude began again to be mutinous, and to Moses for the misfortunes they had suffered their travels; and that when he had persuaded to leave a good land, they at once had lost land, and instead of that happy state he had them, they were still wandering in their miserable condition, being already in want of water; and if the manna should happen to fail, must then utterly perish. Yet while they spake many and sore things against the there was one of them who exhorted them to be unmindful of Moses, and of what great pains he had been at about their common safety; not to despair of assistance from God. The multitude thereupon became still more unruly, and mutinous against Moses than before. Hereupon Moses, although he was so basely abused by them encouraged them in their despairing conditioned and promised that he would procure them a quantity of flesh-meat, and that not for a few days only, but for many days. This they were not to believe; and when one of them asked, whence he could obtain such vast plenty of what he promised, he replied, "Neither God nor I, we hear such opprobrious language from will leave off our labors for you; and this soon appear also." As soon as ever he had said this, the whole camp was filled with quails, they stood round about them, and gathered great numbers. However, it was not long ere God punished the Hebrews for their insolence, those reproaches they had used towards him, no small number of them died; and still to this day the place retains the memory of this destruction and is named Kibrothhattaavah, which is, Graves of Lust.

But this man was admirable for his virtue, and powerful in making men give credit to what he delivered, not only during the time of his natural life, but even there is still no one of the Hebrews who does not act even now as if Moses were present, and ready to punish him if he should do any thing that is indecent; nay, there is no one but is obedient to what laws he ordained, although they might be concealed in their transgressions. There are also many other demonstrations that his power was more than human, for still some there have been, who have come from the parts beyond Euphrates, a journey of four months, through many dangers, and at great expenses, in honor of our temple; and yet, when they had offered their oblations, could not partake of their own sacrifices, because Moses had forbidden it, by somewhat in the law that did not permit them, or somewhat that had befallen them, which our ancient customs made inconsistent therewith; some of these did not sacrifice at all, and others left their sacrifices in an imperfect condition; many were not able, even at first, so much as to enter the temple, but went their ways in this as preferring a submission to the laws of Moses before the fulfilling of their own inclinations, they had no fear upon them that anybody could convict them, but only out of a reverence to their own conscience. Thus this legislation, which appeared to be divine, made this man to be esteemed as one superior to his own nature. Nay, further, a little before the beginning of this war, when Claudius was emperor of the Romans, and Ismael was our high priest, and when so great a famine was come upon us, that one tenth deal [of wheat] was sold for four drachmae, and when no less than seventy cori of flour were brought into the temple, at the feast of unleavened bread, [these cori are thirty-one Sicilian, but forty-one Athenian medimni,] not one of the priests was so hardy as to eat one crumb of it, even while so great a distress was upon the land; and this out of a dread of the law, and of that wrath which God retains against acts of wickedness, even when no one can accuse the actors. Whence we are not to wonder at what was then done, while to this very day the writings left by Moses have so great a force, that even those that hate us do confess, that he who established this settlement was God, and that it was by the means of Moses, and of his virtue; but as to these matters, let every one take them as he thinks fit.

When therefore those that had intended thus to destroy Daniel by treachery were themselves destroyed, king Darius sent [letters] over all the country, and praised that God whom Daniel worshipped, and said that he was the only true God, and had all power. He had also Daniel in very great esteem, and made him the principal of his friends. Now when Daniel was become so illustrious and famous, on account of the opinion men had that he was beloved of God, he built a tower at Ecbatana, in Media: it was a most elegant building, and wonderfully made, and it is still remaining, and preserved to this day; and to such as see it, it appears to have been lately built, and to have been no older than that very day when any one looks upon it, it is so fresh flourishing, and beautiful, and no way grown old in so long time; for buildings suffer the same as men do, they grow old as well as they, and by numbers of years their strength is dissolved, and their beauty withered. Now they bury the kings of Media, of Persia, and Parthia in this tower to this day, and he who was entrusted with the care of it was a Jewish priest; which thing is also observed to this day. But it is fit to give an account of what this man did, which is most admirable to hear, for he was so happy as to have strange revelations made to him, and those as to one of the greatest of the prophets, insomuch, that while he was alive he had the esteem and applause both of the kings and of the multitude; and now he is dead, he retains a remembrance that will never fail, for the several books that he wrote and left behind him are still read by us till this time; and from them we believe that Daniel conversed with God; for he did not only prophesy of future events, as did the other prophets, but he also determined the time of their accomplishment. And while prophets used to foretell misfortunes, and on that account were disagreeable both to the kings and to the multitude, Daniel was to them a prophet of good things, and this to such a degree, that by the agreeable nature of his predictions, he procured the goodwill of all men; and by the accomplishment of them, he procured the belief of their truth, and the opinion of [a sort of] divinity for himself, among the multitude. He also wrote and left behind him what made manifest the accuracy and undeniable veracity of his predictions; for he saith, that when he was in Susa, the metropolis of Persia, and went out into the field with his companions, there was, on the sudden, a motion and concussion of the earth, and that he was left alone by himself, his friends fleeing away from him, and that he was disturbed, and fell on his face, and on his two hands, and that a certain person touched him, and, at the same time, bid him rise, and see what would befall his countrymen after many generations. He also related, that when he stood up, he was shown a great ram, with many horns growing out of his head, and that the last was higher than the rest: that after this he looked to the west, and saw a he-goat carried through the air from that quarter; that he rushed upon the ram with violence, and smote him twice with his horns, and overthrew him to the ground, and trampled upon him: that afterward he saw a very great horn growing out of the head of the he-goat, and that when it was broken off, four horns grew up that were exposed to each of the four winds, and he wrote that out of them arose another lesser horn, which, as he said, waxed great; and that God showed to him that it should fight against his nation, and take their city by force, and bring the temple worship to confusion, and forbid the sacrifices to be offered for one thousand two hundred and ninety-six days. Daniel wrote that he saw these visions in the Plain of Susa; and he hath informed us that God interpreted the appearance of this vision after the following manner: He said that the ram signified the kingdoms of the Medes and Persians, and the horns those kings that were to reign in them; and that the last horn signified the last king, and that he should exceed all the kings in riches and glory: that the he-goat signified that one should come and reign from the Greeks, who should twice fight with the Persian, and overcome him in battle, and should receive his entire dominion: that by the great horn which sprang out of the forehead of the he-goat was meant the first king; and that the springing up of four horns upon its falling off, and the conversion of every one of them to the four quarters of the earth, signified the successors that should arise after the death of the first king, and the partition of the kingdom among them, and that they should be neither his children, nor of his kindred, that should reign over the habitable earth for many years; and that from among them there should arise a certain king that should overcome our nation and their laws, and should take away their political government, and should spoil the temple, and forbid the sacrifices to be offered for three years' time. And indeed it so came to pass, that our nation suffered these things under Antiochus Epiphanes, according to Daniel's vision, and what he wrote many years before they came to pass. In the very same manner Daniel also wrote concerning the Roman government, and that our country should be made desolate by them. All these things did this man leave in writing, as God had showed them to him, insomuch that such as read his prophecies, and see how they have been fulfilled, would wonder at the honor wherewith God honored Daniel; and may thence discover how the Epicureans are in an error, who cast Providence out of human life, and do not believe that God takes care of the affairs of the world, nor that the universe is governed and continued in being by that blessed and immortal nature, but say that the world is carried along of its own accord, without a ruler and a curator; which, were it destitute of a guide to conduct it, as they imagine, it would be like ships without pilots, which we see drowned by the winds, or like chariots without drivers, which are overturned; so would the world be dashed to pieces by its being carried without a Providence, and so perish, and come to nought. So that, by the forementioned predictions of Daniel, those men seem to me very much to err from the truth, who determine that God exercises no providence over human affairs; for if that were the case, that the world went on by mechanical necessity, we should not see that all things would come to pass according to his prophecy. Now as to myself, I have so described these matters as I have found them and read them; but if any one is inclined to another opinion about them, let him enjoy his different sentiments without any blame from me.

The last enemy, moreover, who is called death, is said on this account to be destroyed, that there may not be anything left of a mournful kind when death does not exist, nor anything that is adverse when there is no enemy. The destruction of the last enemy, indeed, is to be understood, not as if its substance, which was formed by God, is to perish, but because its mind and hostile will, which came not from God, but from itself, are to be destroyed. Its destruction, therefore, will not be its non-existence, but its ceasing to be an enemy, and [to be] death. For nothing is impossible to the Omnipotent, nor is anything incapable of restoration to its Creator: for He made all things that they might exist, and those things which were made for existence cannot cease to be. For this reason also will they admit of change and variety, so as to be placed, according to their merits, either in a better or worse position; but no destruction of substance can befall those things which were created by God for the purpose of permanent existence. For those things which agreeably to the common opinion are believed to perish, the nature either of our faith or of the truth will not permit us to suppose to be destroyed. Finally, our flesh is supposed by ignorant men and unbelievers to be destroyed after death, in such a degree that it retains no relic at all of its former substance. We, however, who believe in its resurrection, understand that a change only has been produced by death, but that its substance certainly remains; and that by the will of its Creator, and at the time appointed, it will be restored to life; and that a second time a change will take place in it, so that what at first was flesh [formed] out of earthly soil, and was afterwards dissolved by death, and again reduced to dust and ashes (“For dust thou art,” it is said, “and to dust shalt thou return”), will be again raised from the earth, and shall after this, according to the merits of the indwelling soul, advance to the glory of a spiritual body.

In the next place, as if he had devoted himself solely to the manifestation of his hatred and dislike of the Jewish and Christian doctrine, he says: “The more modest of Jewish and Christian writers give all these things an allegorical meaning;” and, “Because they are ashamed of these things, they take refuge in allegory.” Now one might say to him, that if we must admit fables and fictions, whether written with a concealed meaning or with any other object, to be shameful narratives when taken in their literal acceptation, of what histories can this be said more truly than of the Grecian? In these histories, gods who are sons castrate the gods who are their fathers, and gods who are parents devour their own children, and a goddess-mother gives to the “father of gods and men” a stone to swallow instead of his own son, and a father has intercourse with his daughter, and a wife binds her own husband, having as her allies in the work the brother of the fettered god and his own daughter! But why should I enumerate these absurd stories of the Greeks regarding their gods, which are most shameful in themselves, even though invested with an allegorical meaning? [Take the instance] where Chrysippus of Soli, who is considered to be an ornament of the Stoic sect, on account of his numerous and learned treatises, explains a picture at Samos, in which Juno was represented as committing unspeakable abominations with Jupiter. This reverend philosopher says in his treatises, that matter receives the spermatic words of the god, and retains them within herself, in order to ornament the universe. For in the picture at Samos Juno represents matter, and Jupiter God. Now it is on account of these, and of countless other similar fables, that we would not even in word call the God of all things Jupiter, or the sun Apollo, or the moon Diana. But we offer to the Creator a worship which is pure, and speak with religious respect of His noble works of creation, not contaminating even in word the things of God; approving of the language of Plato in the Philebus, who would not admit that pleasure was a goddess, “so great is my reverence, Protarchus,” he says, “for the very names of the gods.” We verily entertain such reverence for the name of God, and for His noble works of creation, that we would not, even under pretext of an allegorical meaning, admit any fable which might do injury to the young.

Let us next notice the statements of Celsus, which follow the preceding, and which are as follow: “As the Jews, then, became a peculiar people, and enacted laws in keeping with the customs of their country, and maintain them up to the present time, and observe a mode of worship which, whatever be its nature, is yet derived from their fathers, they act in these respects like other men, because each nation retains its ancestral customs, whatever they are, if they happen to be established among them. And such an arrangement appears to be advantageous, not only because it has occurred to the mind of other nations to decide some things differently, but also because it is a duty to protect what has been established for the public advantage; and also because, in all probability, the various quarters of the earth were from the beginning allotted to different superintending spirits, and were thus distributed among certain governing powers, and in this manner the administration of the world is carried on. And whatever is done among each nation in this way would be rightly done, wherever it was agreeable to the wishes [of the superintending powers], while it would be an act of impiety to get rid of the institutions established from the beginning in the various places.” By these words Celsus shows that the Jews, who were formerly Egyptians, subsequently became a “peculiar people,” and enacted laws which they carefully preserve. And not to repeat his statements, which have been already before us, he says that it is advantageous to the Jews to observe their ancestral worship, as other nations carefully attend to theirs. And he further states a deeper reason why it is of advantage to the Jews to cultivate their ancestral customs, in hinting dimly that those to whom was allotted the office of superintending the country which was being legislated for, enacted the laws of each land in co-operation with its legislators. He appears, then, to indicate that both the country of the Jews, and the nation which inhabits it, are superintended by one or more beings, who, whether they were one or more, co-operated with Moses, and enacted the laws of the Jews.

One who is about to die who assigns his property in writing [to another]: If he retains any land [for himself] however small, he renders his gift valid. But if he retains no land whatsoever, his gift is not valid. One who assigns in writing his property to his children, and he assigns to his wife in writing any plot of land, however small, she lost her ketubah. Rabbi Yose says: if she accepted [such an assignment] even though he did not assign it to her in writing she lost her ketubah.

One who is about to die who assigns his property in writing [to another]: If he retains any land [for himself] however small, he renders his gift valid. But if he retains no land whatsoever, his gift is not valid. One who assigns in writing his property to his children, and he assigns to his wife in writing any plot of land, however small, she lost her ketubah. Rabbi Yose says: if she accepted [such an assignment] even though he did not assign it to her in writing she lost her ketubah.

One who takes his wheat to a Samaritan miller or to an am haaretz miller, [the wheat when ground] retains its former status in respect of tithes and the law of seventh year produce. [But if he carried it] to a Gentile miller, [the wheat when ground has the status of] demai. One who deposited his produce with a Samaritan or am haaretz, [the produce] retains its former status in respect of tithes and the law of seventh year produce. [But if he left it] with a Gentile, it is like the produce of the Gentile. Rabbi Shimon says: [it becomes] demai.

One who takes his wheat to a Samaritan miller or to an am haaretz miller, [the wheat when ground] retains its former status in respect of tithes and the law of seventh year produce. [But if he carried it] to a Gentile miller, [the wheat when ground has the status of] demai. One who deposited his produce with a Samaritan or am haaretz, [the produce] retains its former status in respect of tithes and the law of seventh year produce. [But if he left it] with a Gentile, it is like the produce of the Gentile. Rabbi Shimon says: [it becomes] demai.

One who wishes to give more terumah: Rabbi Eliezer says: he may give up to a tenth part, as in the case of heave-offering of tithe. [If he gave] more than this [measure] he must make it terumah of tithe for other produce. Rabbi Ishmael says: half non-sacred produce and half terumah. Rabbi Tarfon and Rabbi Akiba say: as long as he retains a part as non-sacred produce.

There are four types among those who sit before the sages: a sponge, a funnel, a strainer and a sieve. A sponge, soaks up everything; A funnel, takes in at one end and lets out at the other; A strainer, which lets out the wine and retains the lees; A sieve, which lets out the coarse meal and retains the choice flour.

There are four types among those who sit before the sages: a sponge, a funnel, a strainer and a sieve. A sponge, soaks up everything; A funnel, takes in at one end and lets out at the other; A strainer, which lets out the wine and retains the lees; A sieve, which lets out the coarse meal and retains the choice flour.

If blood was mixed with water, if it retains the appearance of blood, it is fit [to be sprinkled on the altar]. If it was mixed with wine, we regard it as though it were water. If it was mixed with the blood of a beast or wild animal, we regard it as though it were water. Rabbi Judah said: blood cannot nullify blood.

A bed that had contracted midras impurity: If a long side of it was broken and then he repaired it, it still retains its midras impurity. If the second side was also broke and then he repaired it, it becomes pure from midras impurity but is unclean by virtue of contact with midras. If before one could manage to repair the first side the second one broke, the bed becomes clean.

If a [bed] leg that had contracted midras uncleanness was joined to a bed, all the bed contracts midras uncleanness. If it was subsequently taken off, it retains its midras uncleanness while the bed is unclean from contact with midras. If a bed leg that was subject to a seven-day uncleanness was joined to a bed, all the bed contracts seven-day uncleanness. If it was subsequently taken off it remains subject to seven-day uncleanness while the bed is only subject to evening-uncleanness. If a leg that was subject to evening uncleanness was joined to a bed, all the bed contracts evening uncleanness. If it was subsequently taken off it is still subject to evening uncleanness while the bed becomes clean. The same law applies also to the prong of a mattock.

A tefillin box consisting of four vessels: if the first compartment was unloosed, and then he mended it, it retains its corpse uncleanness. So is it also the case with the second and the third. If he unloosed the fourth it becomes free from corpse uncleanness but it is still unclean from contact with corpse uncleanness. If he went back to the first compartment and unloosed and mended it, it remains unclean from contact. So also in the case of the second compartment. If he then unloosed the third compartment and mended it becomes clean, since the fourth is unclean from contact, and what is unclean from contact cannot convey uncleanness by contact.

If a mattress was wrapped around a bed and a corpse touched them, they are subject to a seven-day uncleanness; If they are taken apart they are still subject to a seven-day uncleanness. If a sheretz touched them they are subject to an evening uncleanness; If they are taken apart they are still subject to evening uncleanness. A bed from which the two longer sides were removed and two new ones were prepared for it but the original sockets were not changed: If the new sides were broken the bed retains its uncleanness, But if the old ones were broken it becomes clean, since all depends on the old ones.

A shepherd's bag which the pocket within it was damaged retains its uncleanness and is not regarded as a connected to it. A skin whose testicle bags serve also as receptacles and they were damaged, they become clean, since they will no longer serve their original purpose.

A sandal, one of whose holes was broken but was then fixed, retains its midras uncleanness. If a second hole was broken and it was fixed, it is free from midras uncleanness but is unclean from contact with midras. If the second hole was broken before the first could be mended, it is clean. If its heel was torn off, or if its toe-piece was removed, or if it was torn in two, it becomes clean. A heel-less slipper that was torn anywhere becomes clean. A shoe that was damaged becomes clean if it cannot contain the greater part of the foot. A shoe that is still on the last: Rabbi Eliezer says: it is insusceptible to uncleanness, But the sages say that it is susceptible. All water skins whose holes have been tied up are insusceptible to uncleanness, except for Arabian ones. Rabbi Meir says: if they are tied up for a while, they are clean; but if they are tied with a permanent knot they are unclean. Rabbi Yose says: all tied up water skins are clean.

When do these rules apply? When [the hive retains the status of] a vessel. [In the case of its] being defective, although [the deficiency may be] stopped up with straw, or according to the sages, [in the case of it] containing forty se'ahs, If the uncleanness is below it, within it or above it, the uncleanness cleaves upwards and downwards. Rabbi Eliezer and Rabbi Shimon say: uncleanness can neither ascend into [the defective hive] nor descend from it. [In the case where] it was one handbreadth high off the ground, If there is uncleanness below it, what is below becomes unclean; Within it or above it, [everything] directly [above] it to the sky becomes unclean.

MISHNAH: If one deposits his eruv in a porter’s lodge, a porch, or a balcony, it is no eruv and any person who might dwell there does not forbid him. In a storage room for straw, in a cowshed, in a storage room for wood, or a general storage area, it is an eruv and any person who might dwell there does forbid him. Rebbi Jehusah says, if the householder retains rights of use he does not forbid him.

MISHNAH: If one was under a vow not to have usufruct from another and he owns a bathhouse or an olive press leased out in town; if he retains the grip of a hand on them, the other one is forbidden; if he retains no grip of a hand on them, the other one is permitted. If a person says to another, a qônām that I shall not enter your house, or that I shall not buy your field, if the owner died or sold it, the other one is permitted. That I shall not enter this house, or that I shall not buy this field, if the owner died or sold it, the other one is forbidden.

MISHNAH: If one was under a vow not to have usufruct from another and he owns a bathhouse or an olive press leased out in town; if he retains the grip of a hand on them, the other one is forbidden; if he retains no grip of a hand on them, the other one is permitted. If a person says to another, a qônām that I shall not enter your house, or that I shall not buy your field, if the owner died or sold it, the other one is permitted. That I shall not enter this house, or that I shall not buy this field, if the owner died or sold it, the other one is forbidden.

MISHNAH: One does not divide the courtyard unless there be four cubits for each one, nor the field unless there be nine qab for each one; Rebbi Jehudah says, nine half qabbim for each one. Not the vegetable garden unless there be half a qab for each one; Rebbi Aqiba says, the area of a quarter [qab]. Not the dining hall, nor the storage room, nor the dovecote, nor the stole, nor the bathhouse, nor the olive press unless there is one for each of them. This is the principle: Anything which is divided and retains its name one divides, otherwise one does not divide. When is that? If the two of them do not agree. However, if both of them want it, they may divide even if it is less. But Holy Scripture they should not divide even if both of them want it.

MISHNAH: How does one check out the witnesses? One brings them to court and instills fear into them, then removes them but retains the greatest among them. One says to him, tell why you know that this person owes to the other one. If he said, he himself confessed to me that he owes the money, or another person told me that he owes it, he did not say anything until he says, before us he confessed to him that he owed him 200 denar.

MISHNAH: The blasphemer is not liable unless he explicitly use the Name. Rebbi Joshua ben Qorḥa said, during the trial one deals with the witnesses by substitute name, may Yose hit Yose. At the end of the proceedings one does not sentence him to death by substitute name but one dismisses the public, retains the most prestigious among them and says to him, tell us explicitly what you heard. He says it while the judges are standing; they tear their garments and never mend them. The second one says, also I [heard] like him; the third one says, also I [heard] like him.