snake

Rav Huna said that in the days of Rebbi Eleazar ben Azariah they tried to include them. Rebbi Abbahu inverts the wording: In the days of Rebbi Eleazar they said, who could purify the altar’s part? That implies that Joshua excluded them. He excluded them only as disqualified for marriage. If you would say, disqualified (because of sins) then the rapist of a Gibeonite girl should not have to pay the fine, but we have stated: The rapist of a Gibeonite girl has to pay the fine.” Rebbi Eleazar said, he cursed them as a snake, as it is said: “But now you are cursed.” And it is written: “The people of Israel said to the Ḥiwwite.” But were they Ḥiwwites? They acted like the snake which said, I know that the Holy One, praise to Him, did say “because on the day you eat from it, you will die a death.” I shall go and trick them so that they eat and will be punished and I shall inherit the earth for myself. So these people acted; they said, we know that the Holy One, praise to Him, said to Israel: “You shall certainly ban them, the Hittite, the Emorite, and the Perizite, as the Eternal, your God, has commanded you” And it is written: “You shall not conclude a covenant with them.” We shall go and trick them that they conclude a covenant with us. As you take it, if they kill us, they violate their oath. If they let us live, they violated the [divine] decision. In any case, they will be punished and we shall inherit the Land.

Rav Huna said that in the days of Rebbi Eleazar ben Azariah they tried to include them. Rebbi Abbahu inverts the wording: In the days of Rebbi Eleazar they said, who could purify the altar’s part? That implies that Joshua excluded them. He excluded them only as disqualified for marriage. If you would say, disqualified (because of sins) then the rapist of a Gibeonite girl should not have to pay the fine, but we have stated: The rapist of a Gibeonite girl has to pay the fine.” Rebbi Eleazar said, he cursed them as a snake, as it is said: “But now you are cursed.” And it is written: “The people of Israel said to the Ḥiwwite.” But were they Ḥiwwites? They acted like the snake which said, I know that the Holy One, praise to Him, did say “because on the day you eat from it, you will die a death.” I shall go and trick them so that they eat and will be punished and I shall inherit the earth for myself. So these people acted; they said, we know that the Holy One, praise to Him, said to Israel: “You shall certainly ban them, the Hittite, the Emorite, and the Perizite, as the Eternal, your God, has commanded you” And it is written: “You shall not conclude a covenant with them.” We shall go and trick them that they conclude a covenant with us. As you take it, if they kill us, they violate their oath. If they let us live, they violated the [divine] decision. In any case, they will be punished and we shall inherit the Land.

MISHNAH: The wolf and the lion, the bear, and the tiger, and the panther, and the snake, are notorious. Rebbi Eliezer says, when they are trained they are not notorious; except for the snake which always is notorious. What is the difference between tame and notorious? The tame pays half the damages from its body and the notorious pays full damages from the storage room.

MISHNAH: The wolf and the lion, the bear, and the tiger, and the panther, and the snake, are notorious. Rebbi Eliezer says, when they are trained they are not notorious; except for the snake which always is notorious. What is the difference between tame and notorious? The tame pays half the damages from its body and the notorious pays full damages from the storage room.

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air. Rebbi Dositheos ben Yannai said, if it was bitten by a snake. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber.

MISHNAH: One wolf is not an unavoidable accident, two wolves are. Rebbi Jehudah says, in times when wolves appear in packs, even a single wolf is an unavoidable accident. Two dogs are not an unavoidable accident. Yaddua the Babylonian says in the name of Rebbi Meїr: From the same direction it is not an unavoidable accident; from two different directions it is an unavoidable accident Robbers are an unavoidable accident. A lion, and a bear, and a leopard, and a panther, and a snake are unavoidable accidents. When? If they came by themselves. But if he led [the flock] to a place of troops of wild animals or robbers, these are not unavoidable accidents. If [an animal] dies a natural death it is an unavoidable accident. If he tortured it and it died, it is not an unavoidable accident. If it climbed to the top of a cliff and fell, it is an unavoidable accident. If he led it onto the top of a cliff and it fell, it is not an unavoidable accident. The unpaid keeper may stipulate that he be free from swearing, the borrower that he not be liable to pay, the paid keeper and the renter that they not be liable to swear or to pay. The stipulation of anybody who stipulates against what is written in the Torah is invalid. Any stipulation which follows a prior action is invalid. But any stipulation which it is possible to fulfill at the end and he stipulated it at the start is valid.

MISHNAH: Whipping by three [judges]; in the name of Rebbi Ismael they said, by 23. The lengthening of a month by three [judges], the intercalation of a year by three [judges], the words of Rebbi Meïr. Rabban Simeon ben Gamliel says, one starts with three, one discusses with five, and one votes with seven. But if they voted with three, it is intercalated. The leaning of Elders and the breaking of the calf’s neck by three [judges], the words of Rebbi Simeon, but Rebbi Jehudah says, by five. Ḥalîṣah and repudiations by three [judges], [redemption of] the growth of the fourth year and Second Tithe whose value is not known by three [appraisers], also of Temple dedications by three. Estimations of movables by three [appraisers], Rebbi Jehudah says that one of them must be a Cohen; of real estate nine and a Cohen. The same holds for humans. Capital crimes [are judged] by 23. The participants in active or passive bestiality [is judged] by 23, as it is said, you shall slay the woman and the animal, and it says, and you shall slay the animal. The bull to be stoned [is judged] by 23, as it is said, the bull shall be stoned, also its owner shall die; like the owner’s death sentence so is the ox’s death sentence. The wolf and the lion, the bear, and the tiger, and the panther, and the snake are sentenced to death by 23. Rebbi Eliezer says, anyone quick to kill them is meritorious; Rebbi Aqiba says, they are sentenced by 23.

Six things did Hezekiah do; with three they agreed, with three they did not agree. He dragged his father’s bones on a bier of ropes, he smashed the bronze snake, and he hid the table of medicines; they agreed. He closed the upper Giḥon spring, and he cut down the Temple doors, and he intercalated Nisan in Nisan; they disagreed.

Rebbi Joḥanan said, anybody who cannot argue for the crawling animal to make it pure a hundred times cannot start arguing for acquittal. How does one argue about a crawling animal? Rebbi Joḥanan said, since a snake which kills is pure, a rat which does not kill logically should be pure. Since a rat which does not kill is impure, a snake which kills logically should be impure. Rebbi Phineas objected: Is there not the scorpion which kills and is pure? It was found that a Tanna said, snake and scorpion both follow the same rules.

Rebbi Joḥanan said, anybody who cannot argue for the crawling animal to make it pure a hundred times cannot start arguing for acquittal. How does one argue about a crawling animal? Rebbi Joḥanan said, since a snake which kills is pure, a rat which does not kill logically should be pure. Since a rat which does not kill is impure, a snake which kills logically should be impure. Rebbi Phineas objected: Is there not the scorpion which kills and is pure? It was found that a Tanna said, snake and scorpion both follow the same rules.

Rebbi Joḥanan said, anybody who cannot argue for the crawling animal to make it pure a hundred times cannot start arguing for acquittal. How does one argue about a crawling animal? Rebbi Joḥanan said, since a snake which kills is pure, a rat which does not kill logically should be pure. Since a rat which does not kill is impure, a snake which kills logically should be impure. Rebbi Phineas objected: Is there not the scorpion which kills and is pure? It was found that a Tanna said, snake and scorpion both follow the same rules.

HALAKHAH: “How does one instill fear,” etc. What is meant by a guess? “Do not say, we saw him with a sword in his hand running after another person. He entered a ruined building after him; we entered after him and found him slain. We saw him coming out and his sword was dripping blood. Simeon ben Sheṭah said: May I not see consolation if I did not see one running after another person into a ruined building. I entered after him and found him slain while the other left with his sword dripping blood. I said to him, may I not see consolation if you did not kill him. But what can I do since your blood is not delivered into my hands. But He Who knows thoughts may collect from that person. He did not manage to leave before a snake bit him and he died.

MISHNAH: A murderer who attacked someone with a stone or an iron, or forced him under water or into fire so he could not escape from there and died, is [criminally] liable. If he pushed him into water or fire and he could have escaped from there by himself but died, he is not [criminally] liable. If he provoked a dog or a snake against him, he is not [criminally] liable. If he let a snake bite him, Rebbi Jehudah declares him [criminally] liable but for the Sages he is not [criminally] liable.

MISHNAH: A murderer who attacked someone with a stone or an iron, or forced him under water or into fire so he could not escape from there and died, is [criminally] liable. If he pushed him into water or fire and he could have escaped from there by himself but died, he is not [criminally] liable. If he provoked a dog or a snake against him, he is not [criminally] liable. If he let a snake bite him, Rebbi Jehudah declares him [criminally] liable but for the Sages he is not [criminally] liable.

HALAKHAH: “[Denial] about words of the Sopherim is more serious,” etc. Halakhah 6:“One executes him not,” etc. The colleagues in the name of Rebbi Joḥanan: The words of the Sopherim are related to the words of Scripture and are pleasant like the words of Scripture; your throat is like good wine. Simeon bar Abba in the name of Rebbi Joḥanan: The words of the Sopherim are related to the words of Scripture and are more pleasant than the words of Scripture, for your friendship is better than wine. Rebbi Abba bar Cohen in the name of Rebbi Judah bar Pazi: You may know that he words of the Sopherim are more pleasant than the words of Scripture, because if Rebbi Tarphon did not recite at all he would only have transgressed a positive commandment. But because he transgressed the words of the House of Hillel he should have suffered death since it says, if one breaches a wall he will be bitten by a snake.

MISHNAH: For an intentional vain oath one is liable to be flogged; if in error one is not liable. What is a vain oath? One swears to change what is known to man, about a stone pillar that it is of gold, a man that he is a woman, or a woman that she is a man. One swears about an impossibility, if I did not see a flying camel, if I did not see a snake like the beam of the olive press. If one said to witnesses come and testify for me, an oath that we shall not testify for you. One swears not to keep commandments: not to make a booth, not to take the lulav, not to put on phylacteries; these are vain oaths for which one is liable to be flogged if intentional, and free from prosecution of unintentional.

“If I did not see a snake like the beam of the olive press.” Did not the snake of king Sapor swallow camels and carts? When they wanted to kill it, they filled camel bags with straw and put glowing coals inside; it swallowed them and died. Rebbi Jehudah bar Pazi said, I saw the hide of a snake made over eight spaces between pillars. Rebbi Samuel ben Jacob said, I saw the hide of a snake covering a state coach. Samuel said, square. If square one could state even a small one. Rebbi Yudan the father of Rebbi Mattaniah said, so it is. It is the way of this Tanna to use only big words, as we have stated: “A flying camel.” Could he not have stated, “a flying rat”?

“If I did not see a snake like the beam of the olive press.” Did not the snake of king Sapor swallow camels and carts? When they wanted to kill it, they filled camel bags with straw and put glowing coals inside; it swallowed them and died. Rebbi Jehudah bar Pazi said, I saw the hide of a snake made over eight spaces between pillars. Rebbi Samuel ben Jacob said, I saw the hide of a snake covering a state coach. Samuel said, square. If square one could state even a small one. Rebbi Yudan the father of Rebbi Mattaniah said, so it is. It is the way of this Tanna to use only big words, as we have stated: “A flying camel.” Could he not have stated, “a flying rat”?

“If I did not see a snake like the beam of the olive press.” Did not the snake of king Sapor swallow camels and carts? When they wanted to kill it, they filled camel bags with straw and put glowing coals inside; it swallowed them and died. Rebbi Jehudah bar Pazi said, I saw the hide of a snake made over eight spaces between pillars. Rebbi Samuel ben Jacob said, I saw the hide of a snake covering a state coach. Samuel said, square. If square one could state even a small one. Rebbi Yudan the father of Rebbi Mattaniah said, so it is. It is the way of this Tanna to use only big words, as we have stated: “A flying camel.” Could he not have stated, “a flying rat”?

“If I did not see a snake like the beam of the olive press.” Did not the snake of king Sapor swallow camels and carts? When they wanted to kill it, they filled camel bags with straw and put glowing coals inside; it swallowed them and died. Rebbi Jehudah bar Pazi said, I saw the hide of a snake made over eight spaces between pillars. Rebbi Samuel ben Jacob said, I saw the hide of a snake covering a state coach. Samuel said, square. If square one could state even a small one. Rebbi Yudan the father of Rebbi Mattaniah said, so it is. It is the way of this Tanna to use only big words, as we have stated: “A flying camel.” Could he not have stated, “a flying rat”?

HALAKHAH: “One does not sell them bears and lions,” etc. Therefore something which does not present a danger to the public one may sell to them. Our Mishnah follows Rebbi. As it was stated: “One who sees snake charmers and conjurers, muqion, mupion, mulion, milarin, milaria, sigillarin, sigillaria, this is forbidden because of ‘seat of the scoffers,’ as it is said, in the seat of scoffers he did not sit. All this leads to neglect of the Torah, as it is said, but in the teachings of the Eternal is his desire. Going to the theater is forbidden as pagan worship, the words of Rebbi Meïr, but the Sages say, when they present offerings it is forbidden because of pagan worship, otherwise it only is forbidden because of ‘seat of scoffers.’ One who goes to the theater to shout; if it is for a public need it is permitted, if to ingratiate himself it is forbidden. One who sits in the stadium is a spiller of blood. Rebbi Nathan permits because of two reasons, because he can shout and save lives, and he can testify for a woman that she can remarry.”

It happened that Eleazar ben Dama was bitten by a snake and Jacob from Kefar-Sama came to heal him (,and told him, I shall speak to you) in the name of Jesus ben Pandera. Rebbi Ismael said to him, Ben Dama you are not allowed. He told him, I shall bring a proof that he can heal me. He could not bring proof before he died. Rebbi Ismael said to him, you are blessed, ben Dama, that you left this world in peace and did not tear down the fences of the Sages, (to confirm) as it is written, he who tears down a fence will be bitten by a snake. But did not a snake bite him? But that it will not bite him in the Future World. What could he have said? Which a person should do and live by them.

It happened that Eleazar ben Dama was bitten by a snake and Jacob from Kefar-Sama came to heal him (,and told him, I shall speak to you) in the name of Jesus ben Pandera. Rebbi Ismael said to him, Ben Dama you are not allowed. He told him, I shall bring a proof that he can heal me. He could not bring proof before he died. Rebbi Ismael said to him, you are blessed, ben Dama, that you left this world in peace and did not tear down the fences of the Sages, (to confirm) as it is written, he who tears down a fence will be bitten by a snake. But did not a snake bite him? But that it will not bite him in the Future World. What could he have said? Which a person should do and live by them.

It happened that Eleazar ben Dama was bitten by a snake and Jacob from Kefar-Sama came to heal him (,and told him, I shall speak to you) in the name of Jesus ben Pandera. Rebbi Ismael said to him, Ben Dama you are not allowed. He told him, I shall bring a proof that he can heal me. He could not bring proof before he died. Rebbi Ismael said to him, you are blessed, ben Dama, that you left this world in peace and did not tear down the fences of the Sages, (to confirm) as it is written, he who tears down a fence will be bitten by a snake. But did not a snake bite him? But that it will not bite him in the Future World. What could he have said? Which a person should do and live by them.

Rebbi Yose ben Shaul understands it from the following occurrence. It happened that a woman loved to do good deeds but her husband hated good deeds. There came a poor man and she gave him to eat. While he was eating she noticed her husband; she made him climb and hid him in the upper floor. She returned to her husband who ate and fell asleep. There came a snake and ate from what was before him; her husband awoke from his sleep and wanted to eat. The one in the upper floor started to talk. That means if he was sleeping it is permitted. It was used to it. But is it not forbidden because of being alone? For they committed adultery, blood is on their hands. Since he is not suspected of one he is not suspected of the other.

Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: All poisons cause scab but the poison of a snake kills. Rebbi Ḥiyya said, one is not asked about uncovered [drinks]. Rebbi Jeremiah asked before Rebbi Ze`ira; as master of the ruling he asked him.

“Because they curdle it,” etc. The colleagues in the name of Rebbi [Joḥanan]: The words of the Sopherim are related to the words of Scripture and are (more pleasant than) [pleasant like] the words of Scripture; your throat is like good wine. Simeon bar Abba in the name of Rebbi Joḥanan: The words of the Sopherim are related to the words of Scripture and are more pleasant than the words of Scripture, for your friends are better than wine. Rebbi Abba bar Cohen in the name of Bar Pazi: You may know that the words of the Sopherim are more pleasant than the words of Scripture, because if Rebbi Tarphon did not recite at all he would only have transgressed a positive commandment. But because he transgressed the words of the House of Hillel he should have suffered death since it says, if one breaches a wall he will be bitten by a snake.

A snake when pursuing him fell in a pit. The case came before the rabbis who declared it usable. They said, there was no time to deposit poison.

When Rab Sheshet bowed, he did so like a twig ; but when he returned to the erect position, he did so like a snake.