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Today's Daf Yomi

February 11, 2016 | 讘壮 讘讗讚专 讗壮 转砖注状讜

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

Gittin 60

If there is no Levi in shul, the Kohen who got the first aliya, also gets the next – why? 聽Are you allowed to read from a parchment that includes only one book of the Torah? 聽CAn you write sections of the Torah for children to learn? 聽Can you write down the Oral Torah?


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诪讬 拽讜专讗讬谉 诇讗 讛讜讛 讘讬讚讬讛 讗转讗 讜砖讬讬诇讬讛 诇专讘讬 讬爪讞拽 谞驻讞讗 讗诪专 诇讬讛 讗讞专讬讛谉 拽讜专讗讬谉 转诇诪讬讚讬 讞讻诪讬诐 讛诪诪讜谞讬谉 驻专谞住讬诐 注诇 讛爪讘讜专 讜讗讞专讬讛谉 转诇诪讬讚讬 讞讻诪讬诐 讛专讗讜讬讬谉 诇诪谞讜转诐 驻专谞住讬诐 注诇 讛爪讬讘讜专 讜讗讞专讬讛谉 讘谞讬 转诇诪讬讚讬 讞讻诪讬诐 砖讗讘讜转讬讛谉 诪诪讜谞讬诐 驻专谞住讬诐 注诇 讛爪讘讜专 讜讗讞专讬讛谉 专讗砖讬 讻谞住讬讜转 讜讻诇 讗讚诐

who reads from the Torah? An answer was not readily available to him. He came and asked Rabbi Yitz岣k Nappa岣, who said to him: After them read the Torah scholars who are appointed as leaders [parnasim] of the community. And after them read Torah scholars who are fit to be appointed as leaders of the community, even if in practice they received no such appointment. The Sages said that a Torah scholar who knows how to answer any question asked of him is fit to be appointed as leader of the community. And after them read the sons of Torah scholars whose fathers were appointed as leaders of the community. And after them read the heads of synagogues, and after them any person.

砖诇讞讜 诇讬讛 讘谞讬 讙诇讬诇 诇专讘讬 讞诇讘讜 诪讛讜 诇拽专讜转 讘讞讜诪砖讬诐 讘讘讬转 讛讻谞住转 讘爪讬讘讜专 诇讗 讛讜讛 讘讬讚讬讛 讗转讗 砖讬讬诇讬讛 诇专讘讬 讬爪讞拽 谞驻讞讗 诇讗 讛讜讛 讘讬讚讬讛 讗转讗 砖讗讬诇 讘讬 诪讚专砖讗 讜驻砖讟讜讛 诪讛讗 讚讗诪专 专讘讬 砖诪讜讗诇 讘专 谞讞诪谞讬 讗诪专 专讘讬 讬讜讞谞谉 住驻专 转讜专讛 砖讞住专 讬专讬注讛 讗讞转 讗讬谉 拽讜专讬谉 讘讜

The people of the Galilee sent a question to Rabbi 岣lbo: What is the halakha with regard to reading from 岣mashim, i.e., scrolls containing only one of the five books of the Torah, in the synagogue in public? Is this permitted, or is it necessary to read from a complete Torah scroll? An answer was not readily available to him. He came and asked Rabbi Yitz岣k Nappa岣, but an answer was not readily available to him either. Rabbi Yitz岣k Nappa岣 came and asked this question in the study hall, and they resolved the difficulty from that which Rabbi Shmuel bar Na岣ani says that Rabbi Yo岣nan says: With regard to a Torah scroll that is missing even one sheet of parchment, one may not read from it in public. This indicates that an incomplete Torah scroll may not be used for a public Torah reading.

讜诇讗 讛讬讗 讛转诐 诪讞住专 讘诪讬诇转讬讛 讛讻讗 诇讗 诪讞住专 讘诪讬诇转讬讛 专讘讛 讜专讘 讬讜住祝 讚讗诪专讬 转专讜讬讬讛讜 讗讬谉 拽讜专讗讬谉 讘讞讜诪砖讬谉 讘讘讬转 讛讻谞住转 诪砖讜诐 讻讘讜讚 爪讘讜专

The Gemara rejects this argument: But that is not so, i.e., this cannot serve as a proof to the matter at hand. There, it is lacking part of the matter it is addressing, as a sheet of parchment is missing, whereas here, it is not lacking part of the matter it is addressing, as it contains a complete book. Rabba and Rav Yosef both say: One does not read from 岣mashim in the synagogue out of respect for the community.

讜专讘讛 讜专讘 讬讜住祝 讚讗诪专讬 转专讜讬讬讛讜 讛讗讬 住驻专 讗驻讟专转讗 讗住讜专 诇诪拽专讬 讘讬讛 讘砖讘转 诪讗讬 讟注诪讗 讚诇讗 谞讬转谉 诇讬讻转讘

And Rabba and Rav Yosef both say: It is prohibited to publicly read the haftara, the portion from the Prophets that is read after the weekly Torah portion, on Shabbat, from a scroll containing only the haftarot. What is the reason for this? It is because this type of scroll may not be written, as the words of the Prophets must also be written as complete books.

诪专 讘专 专讘 讗砖讬 讗诪专 诇讟诇讟讜诇讬 谞诪讬 讗住讜专 诪讗讬 讟注诪讗 讚讛讗 诇讗 讞讝讬 诇诪讬拽专讬 讘讬讛 讜诇讗 讛讬讗 砖专讬 诇讟诇讟讜诇讬 讜砖专讬 诇诪讬拽专讬 讘讬讛

Mar bar Rav Ashi said: To handle such a scroll on Shabbat is also prohibited. What is the reason for this? It is because it is not fit to be read. Consequently, it is treated as set-aside [muktze] on Shabbat. The Gemara rejects this argument: But that is not so; rather, it is permitted to handle such a scroll and it is permitted to read from it.

讚专讘讬 讬讜讞谞谉 讜专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 诪注讬讬谞讬 讘住驻专讗 讚讗讙讚转讗 讘砖讘转讗 讜讛讗 诇讗 谞讬转谉 诇讬讻转讘 讗诇讗 讻讬讜谉 讚诇讗 讗驻砖专 注转 诇注砖讜转 诇讛壮 讛驻专讜 转讜专转讱 讛讻讗 谞诪讬 讻讬讜谉 讚诇讗 讗驻砖专 注转 诇注砖讜转 诇讛壮 讛驻专讜 转讜专转讱

And a proof for this is that Rabbi Yo岣nan and Rabbi Shimon ben Lakish used to read from a scroll of aggada containing the words of the Sages on Shabbat. But such a scroll may not be written, for in principle, the statements of the Oral Law may not be committed to writing. Rather, since it is not possible to remember the Oral Law without writing it down, it is permitted to violate the halakha, as indicated by the verse: 鈥淚t is time to act for the Lord; they have nullified your Torah鈥 (Psalms 119:126). Here too, in the case of a haftara scroll, since it is not always possible to write complete books of the Bible, due to the expense, it is permitted to apply the reasoning of 鈥淚t is time to act for the Lord; they have nullified your Torah.鈥

讘注讗 诪讬谞讬讛 讗讘讬讬 诪专讘讛 诪讛讜 诇讻转讜讘 诪讙讬诇讛 诇转讬谞讜拽 诇讛转诇诪讚 讘讛 转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 讞转讜诪讛 谞讬转谞讛

Abaye raised a dilemma before Rabba: What is the halakha with regard to whether it is permitted to write a scroll containing only one portion of the Torah for the purpose of enabling a child to study it? The Gemara notes: Let the dilemma be raised according to the one who says that the Torah was given from the outset scroll by scroll, meaning that Moses would teach the Jewish people one portion of the Torah, and then write it down, and then teach them the next portion of the Torah, and then write that down, and continue in this way until he committed the entire Torah to writing. And let the dilemma also be raised according to the one who says that the Torah was given as a complete book, meaning that the Torah was not written down incrementally, but rather, after teaching the Jewish people the entire Torah, Moses committed it to writing all at once.

转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 讻讬讜谉 讚诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 讻讜转讘讬谉 讗讜 讚讬诇诪讗 讻讬讜谉 讚讗讬讚讘拽 讗讬讚讘拽

The Gemara explains the two sides of the dilemma according to each opinion: Let the dilemma be raised according to the one who says that the Torah was given scroll by scroll. On the one hand it is possible to say that since the Torah was originally given scroll by scroll, today as well one may write the Torah in separate scrolls. Or on the other hand, perhaps one should say that since it was ultimately joined together to form a single scroll, it was joined together and can no longer be written in separate scrolls.

转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 讞转讜诪讛 谞讬转谞讛 讻讬讜谉 讚讞转讜诪讛 谞讬转谞讛 讗讬谉 讻讜转讘讬谉 讗讜 讚讬诇诪讗 讻讬讜谉 讚诇讗 讗驻砖专 讻转讘讬谞谉 讗诪专 诇讬讛 讗讬谉 讻讜转讘讬谉 讜诪讛 讟注诐 诇驻讬 砖讗讬谉 讻讜转讘讬谉

And let the dilemma also be raised according to the one who says that the Torah was given as a complete book. On the one hand it is possible to say that since it was given from the outset as a complete book, one may not write it today in separate scrolls. Or on the other hand, perhaps one could say that since it is not always possible to write a complete Torah, one may write it in separate scrolls. Rabba said to him: One may not write the Torah in separate scrolls. And what is the reason? Because one may not write a scroll that is only part of the Torah.

讗讬转讬讘讬讛 讗祝 讛讬讗 注砖转讛 讟讘诇讗 砖诇 讝讛讘 砖驻专砖转 住讜讟讛 讻转讜讘讛 注诇讬讛 讗诪专 专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 诪砖讜诐 专讘讬 讬谞讗讬 讘讗诇祝 讘讬转

Abaye raised an objection to his opinion from a mishna (Yoma 37b) where it was taught: Queen Helene also fashioned a golden tablet as a gift for the Temple on which the Torah portion discussing a sota was written. When the priest would write the scroll of a sota in the Temple, he would copy this Torah portion from the tablet, so that a Torah scroll need not be taken out for that purpose. This indicates that it is permitted for one to write a single portion of the Torah. Rabbi Shimon ben Lakish says in the name of Rabbi Yannai: There is no proof from this mishna, as the tablet prepared by Queen Helene was not written in an ordinary manner, but rather it consisted of the letters of the alef-beit, i.e., only the first letter of each word was written on the tablet, and by looking at it the priest writing the sota scroll would remember what to write.

讗讬转讬讘讬讛 讻砖讛讜讗 讻讜转讘 专讜讗讛 讜讻讜转讘 诪讛 砖讻转讜讘 讘讟讘诇讗 讗讬诪讗 讻诪讛 砖讻转讜讘 讘讟讘诇讗

The Gemara raised an objection from a baraita that teaches: When the priest writes the sota scroll, he looks at and writes that which is written on the tablet, which indicates that the full text of the passage was written on the tablet. The Gemara rejects this argument: Emend the baraita and say that it should read as follows: He looks at and writes like that which is written on the tablet. The tablet aids the priest in remembering the text that must actually be written.

讗讬转讬讘讬讛 讻砖讛讜讗 讻讜转讘 专讜讗讛 讘讟讘诇讗 讜讻讜转讘 诪讛 砖讻转讜讘 讘讟讘诇讗 诪讛 讛讜讗 讻转讜讘 讘讟讘诇讗 讗诐 砖讻讘 讗诐 诇讗 砖讻讘 讛讻讗 讘诪讗讬 注住拽讬谞谉 讘住讬专讜讙讬谉

The Gemara raised an objection from a different baraita: When he writes, he looks at the tablet and writes that which is written on the tablet. And what is written on the tablet? 鈥淚f a man lay with you鈥nd if he did not lay with you鈥 (see Numbers 5:19). Apparently, the full text of the passage was written on the tablet. The Gemara answers: With what are we dealing here? The tablet fashioned by Queen Helene was written by alternating complete words and initials. The first words of each verse were written there, but the rest of the words in the verse were represented by initials. Therefore, this contribution of Queen Helene does not resolve the question of whether writing a scroll for a child is permitted.

讻转谞讗讬 讗讬谉 讻讜转讘讬谉 诪讙讬诇讛 诇转讬谞讜拽 诇讛转诇诪讚 讘讛 讜讗诐 讚注转讜 诇讛砖诇讬诐 诪讜转专 专讘讬 讬讛讜讚讛 讗讜诪专 讘讘专讗砖讬转 注讚 讚讜专 讛诪讘讜诇 讘转讜专转 讻讛谞讬诐 注讚 讜讬讛讬 讘讬讜诐 讛砖诪讬谞讬

The Gemara comments: The question of whether or not writing a scroll for a child is permitted is subject to a dispute between tanna鈥檌m, as it is taught in the following baraita: One may not write a scroll containing only one portion of the Torah for the purpose of enabling a child to study, but if the writer鈥檚 intention is to complete the scroll, it is permitted. Rabbi Yehuda says: In the book of Genesis he may write a scroll from the beginning until the generation of the flood. In Torat Kohanim, the book of Leviticus, he may write a scroll from the beginning until 鈥淎nd it came to pass on the eighth day鈥 (Leviticus 9:1).

讗诪专 专讘讬 讬讜讞谞谉 诪砖讜诐 专讘讬 讘谞讗讛 转讜专讛 诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 砖谞讗诪专 讗讝 讗诪专转讬 讛谞讛 讘讗转讬 讘诪讙讬诇转 住驻专 讻转讜讘 注诇讬 专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 讗讜诪专 转讜专讛 讞转讜诪讛 谞讬转谞讛 砖谞讗诪专 诇拽讜讞 讗转 住驻专 讛转讜专讛 讛讝讗转

The Gemara returns to discuss the previously mentioned dispute. Rabbi Yo岣nan says in the name of Rabbi Bana鈥檃: The Torah was given from the outset scroll by scroll, as it is stated: 鈥淭hen I said, behold, I come with the scroll of the book that is written for me鈥 (Psalms 40:8). King David is saying about himself that there is a section of the Torah, 鈥渢he scroll of the book,鈥 that alludes to him, i.e., 鈥渢hat is written for me.鈥 This indicates that each portion of the Torah constitutes a separate scroll. Rabbi Shimon ben Lakish says: The Torah was given as a complete book, as it is stated: 鈥淭ake this scroll of the Torah鈥 (Deuteronomy 31:26), which teaches that from the outset the Torah was given as a complete unit.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 诇拽讜讞 讛讛讜讗 诇讘转专 讚讗讬讚讘拽

The Gemara asks: And according to the other Sage, Rabbi Yo岣nan, as well, isn鈥檛 it written 鈥渢ake,鈥 indicating that the Torah scroll was given whole? How does he explain this verse? The Gemara answers: That verse is speaking about the Torah after it was joined together to form a single unit.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 讘诪讙讬诇转 住驻专 讻转讜讘 注诇讬 讛讛讜讗 讚讻诇 讛转讜专讛 讻讜诇讛 讗讬拽专讬 诪讙讬诇讛 讚讻转讬讘 讜讬讗诪专 讗诇讬 诪讛 讗转讛 专讜讗讛 讜讗讜诪专 讗谞讬 专讜讗讛 诪讙讬诇讛 注驻讛

The Gemara asks: And according to the other Sage, Reish Lakish, as well, isn鈥檛 it written: 鈥淲ith the scroll of the book that is written for me,鈥 indicating that the Torah was given scroll by scroll? How does he explain this verse? The Gemara answers: That verse teaches that the entire Torah is called a scroll. This is indicated in another verse as well, as it is written: 鈥淎nd He said to me: What do you see? And I said: I see a flying scroll鈥 (Zechariah 5:2).

讗讬 谞诪讬 诇讻讚专讘讬 诇讜讬 讚讗诪专 专讘讬 诇讜讬 砖诪谞讛 驻专砖讬讜转 谞讗诪专讜 讘讬讜诐 砖讛讜拽诐 讘讜 讛诪砖讻谉 讗诇讜 讛谉 驻专砖转 讻讛谞讬诐 讜驻专砖转 诇讜讬诐 讜驻专砖转 讟诪讗讬诐 讜驻专砖转 砖讬诇讜讞 讟诪讗讬诐 讜驻专砖转 讗讞专讬 诪讜转

Alternatively, this verse serves to allude to the sections of the Torah discussed in that statement of Rabbi Levi, as Rabbi Levi says: Eight sections were said on the day that the Tabernacle was erected, on the first of Nisan. They are: The section of the priests (Leviticus 21:1鈥22:26); the section of the Levites (Numbers 8:5鈥26); the section of the impure (Leviticus 13:1鈥 14:57); the section of the sending away of the impure (Numbers 5:1鈥4); the section beginning with the words 鈥淎fter the death鈥 (Leviticus, chapter 16);

讜驻专砖转 砖转讜讬讬 讬讬谉 讜驻专砖转 谞专讜转 讜驻专砖转 驻专讛 讗讚讜诪讛

the section dealing with priests who have become intoxicated with wine (Leviticus 10:8鈥11); the section of the lamps (Numbers 8:1鈥7); and the section of the red heifer (Numbers, chapter 19), as all of these sections are necessary for service in the Tabernacle.

讗诪专 专讘讬 讗诇注讝专 转讜专讛 专讜讘 讘讻转讘 讜诪讬注讜讟 注诇 驻讛 砖谞讗诪专 讗讻转讜讘 诇讜 专讜讘讬 转讜专转讬 讻诪讜 讝专 谞讞砖讘讜 讜专讘讬 讬讜讞谞谉 讗诪专 专讜讘 注诇 驻讛 讜诪讬注讜讟 讘讻转讘 砖谞讗诪专 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛

搂 The Gemara continues its discussion concerning the writing of the Torah: Rabbi Elazar says: The majority of the Torah was transmitted in writing, while the minority was transmitted orally, as it is stated: 鈥淚 wrote for him the greater part of My Torah; they were reckoned a strange thing鈥 (Hosea 8:12), meaning that the majority of the Torah was transmitted in written form. And Rabbi Yo岣nan says: The majority of the Torah was transmitted orally [al peh], while the minority was transmitted in writing, as it is stated with regard to the giving of the Torah to Moses on Mount Sinai: 鈥淔or on the basis of [al pi] these matters I have made a covenant with you and with Israel鈥 (Exodus 34:27), which indicates that the greater part of the Sinaitic covenant was taught orally.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 讗讻转讜讘 诇讜 专讜讘讬 转讜专转讬 讛讛讜讗 讗转诪讜讛讬 拽讗 诪转诪讛 讗讻转讜讘 诇讜 专讜讘讬 转讜专转讬 讛诇讗 讻诪讜 讝专 谞讞砖讘讜

The Gemara asks: And according to the other Sage, Rabbi Yo岣nan, as well, isn鈥檛 it written: 鈥淚 wrote for him the greater part of My Torah鈥? How does he understand this verse? The Gemara answers: This verse is not a statement, but rather a rhetorical question expressing bewilderment: For did I write for him the greater part of My Torah? In that case they, the Jewish people, would be reckoned as strangers, meaning that there would be no difference between them and the nations of the world if everything was written down. Rather, the majority of the Torah must remain an oral tradition.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛 讛讛讜讗 诪砖讜诐 讚转拽讬驻讬 诇诪讬讙诪专讬谞讛讜

The Gemara asks: And according to the other Sage, Rabbi Elazar, as well, isn鈥檛 it written: 鈥淔or on the basis of these matters I have made a covenant with you and with Israel鈥? How does he understand this verse? The Gemara answers: That verse, which indicates that the covenant was based on that which was taught by oral tradition, is stated due to the fact that it is more difficult to learn matters transmitted orally, but not because these matters are more numerous than those committed to writing.

讚专砖 专讘讬 讬讛讜讚讛 讘专 谞讞诪谞讬 诪转讜专讙诪谞讬讛 讚专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 讻转讬讘 讻转讜讘 诇讱 讗转 讛讚讘专讬诐 讛讗诇讛 讜讻转讬讘 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛 讛讗 讻讬爪讚 讚讘专讬诐 砖讘讻转讘 讗讬 讗转讛 专砖讗讬 诇讗讜诪专谉 注诇 驻讛 讚讘专讬诐 砖讘注诇 驻讛 讗讬 讗转讛 专砖讗讬 诇讗讜诪专谉 讘讻转讘 讚讘讬 专讘讬 讬砖诪注讗诇 转谞讗 讗诇讛 讗诇讛 讗转讛 讻讜转讘 讜讗讬 讗转讛 讻讜转讘 讛诇讻讜转

Rabbi Yehuda bar Na岣ani, the disseminator for Rabbi Shimon ben Lakish, expounded as follows: It is written: 鈥淲rite you these matters鈥 (Exodus 34:27), and it is written later in that same verse: 鈥淔or on the basis of [al pi] these matters.鈥 How can these texts be reconciled? They mean to teach: Matters that were written you may not express them orally [al peh], and matters that were taught orally you may not express them in writing. The school of Rabbi Yishmael taught: The word 鈥渢hese鈥 in the mitzva recorded in the verse 鈥淲rite you these matters鈥 is used here in an emphatic sense: These matters, i.e., those recorded in the Written Law, you may write, but you may not write halakhot, i.e., the mishnayot and the rest of the Oral Law.

讗诪专 专讘讬 讬讜讞谞谉 诇讗 讻专转 讛拽讚讜砖 讘专讜讱 讛讜讗 讘专讬转 注诐 讬砖专讗诇 讗诇讗 讘砖讘讬诇 讚讘专讬诐 砖讘注诇 驻讛 砖谞讗诪专 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛 讻专转讬 讗转讱 讘专讬转 讜讗转 讬砖专讗诇

Rabbi Yo岣nan says: The Holy One, Blessed be He, made a covenant with the Jewish people only for the sake of the matters that were transmitted orally [be鈥檃l peh], as it is stated: 鈥淔or on the basis of [al pi] these matters I have made a covenant with you and with Israel鈥 (Exodus 34:27).

诪注专讘讬谉 讘讘讬转 讬砖谉 诪驻谞讬 讚专讻讬 砖诇讜诐 诪讗讬 讟注诪讗 讗讬诇讬诪讗 诪砖讜诐 讻讘讜讚 讜讛讗 讛讛讜讗 砖讬驻讜专讗 讚讛讜讛 诪注讬拽专讗 讘讬 专讘 讬讛讜讚讛 讜诇讘住讜祝 讘讬 专讘讛 讜诇讘住讜祝 讘讬 专讘 讬讜住祝 讜诇讘住讜祝 讘讬 讗讘讬讬 讜诇讘住讜祝 讘讬 专讘讗

搂 The mishna teaches that the Sages enacted that a joining of courtyards [eiruv] is placed in an old house where it had regularly been placed on account of the ways of peace. The Gemara asks: What is the reason for this? If we say that it is to show respect to the owner of that house, but wasn鈥檛 it related about a certain charity box, which was fashioned for the benefit of the community and brought honor to the person in whose house it was placed, that initially it was placed in Rav Yehuda鈥檚 house, and afterward it was moved to Rabba鈥檚 house, and afterward it was transferred to Rav Yosef鈥檚 house, and afterward it was moved to Abaye鈥檚 house, and afterward it was moved to Rava鈥檚 house. This teaches that there is no issue here of respect, and that such items would ordinarily be moved from place to place.

讗诇讗 诪砖讜诐 讞砖讚讗

Rather, say instead that the Sages instituted this enactment to avoid arousing suspicion. Since the eiruv had regularly been placed in a particular house, were it to be moved, people might think that the residents of the alleyway suspected that the owner of the house was stealing from them, and therefore they put it somewhere else.

讘讜专 砖讛讜讗 拽专讜讘 诇讗诪讛 讜讻讜壮 讗讬转诪专 讘谞讬 谞讛专讗 专讘 讗诪专 转转讗讬 砖转讜 诪讬讗 讘专讬砖讗 讜砖诪讜讗诇 讗诪专 注讬诇讗讬 砖转讜 诪讬讗 讘专讬砖讗

搂 The mishna teaches that the Sages enacted that the pit that is nearest to the irrigation channel that supplies water to several pits or fields is filled first on account of the ways of peace. It was stated that the amora鈥檌m disagree about the following issue: When people own fields along a river and they irrigate their fields with water that is redirected from it, who among them enjoys first rights to irrigate his field? Rav said: The owners of the lowermost fields drink the water, i.e., irrigate their fields, first. And Shmuel said: The owners of the uppermost fields drink the water first.

讘讚诪讬讝诇 讻讜诇讬 注诇诪讗 诇讗 驻诇讬讙讬 讻讬 驻诇讬讙讬 讘诪讬住讻专 讜讗砖拽讜讬讬 砖诪讜讗诇 讗诪专 注讬诇讗讬 砖转讜 诪讬讗 讘专讬砖讗 讚讗诪专讬 讗谞谉 诪拽专讘讬谞谉 讟驻讬 讜专讘 讗诪专 转转讗讬 砖转讜 诪讬讗 讘专讬砖讗 讚讗诪专讬 谞讛专讗 讻驻砖讟讬讛 诇讬讝讬诇

The Gemara explains: With regard to a case where the water flows on its own, everyone agrees that whoever wishes to irrigate may do so as he wishes. When they disagree, it is with regard to a case where they need to dam the river and irrigate through channels. Shmuel said: The owners of the uppermost fields drink the water first because they can say: We are nearer to the river鈥檚 headwaters. And Rav said: The owners of the lowermost fields drink the water first because they can say: Let the river go its natural way and after we take what we need, dam it as you please.

转谞谉 讘讜专 讛拽专讜讘 诇讗诪讛 诪转诪诇讗 专讗砖讜谉 诪驻谞讬 讚专讻讬 砖诇讜诐 转专讙诪讛 砖诪讜讗诇 讗诇讬讘讗 讚专讘 讘讗诪讛 讛诪转讛诇讻转 注诇 驻讬 讘讜专讜

We learned in the mishna that the Sages enacted that the pit that is nearest to the irrigation channel that supplies water to several pits or fields is filled first on account of the ways of peace. This teaches that the party who is nearest to the water鈥檚 source enjoys first rights, and it supports Shmuel鈥檚 opinion and is difficult for Rav. Shmuel interpreted the mishna in accordance with the opinion of Rav: The mishna refers here to an irrigation channel that passes the mouth of the pit, so that the pit fills with water on its own, even without damming.

讗讬 讛讻讬 诪讗讬 诇诪讬诪专讗 诪讛讜 讚转讬诪讗 诪爪讬 讗诪专讬 诇讬讛 住讻专 诪讬住讻专 讜讗砖拽讬 讘讛讬谞讚讝讗 拽讗 诪砖诪注 诇谉

The Gemara asks: If so, what is the purpose of stating this? It is obvious. The Gemara answers: Lest you say that the owners of the other fields can say to the owner of the pit: Dam your pit as well so that water not enter it, and irrigate your fields in proportion [hindeza], just like the rest of us. The mishna therefore teaches us that the owner of the pit is not required to do this, and consequently his pit is filled first.

讗诪专 专讘 讛讜谞讗 讘专 转讞诇讬驻讗 讛砖转讗 讚诇讗 讗讬转诪专 讛诇讻转讗 诇讗 讻诪专 讜诇讗 讻诪专 讻诇 讚讗诇讬诐 讙讘专

Rav Huna bar Ta岣lifa said: Now that the halakha was stated neither in accordance with the opinion of this Sage, Rav, nor in accordance with the opinion of that Sage, Shmuel, whoever is stronger prevails. Since the halakha has not been decided, the court refuses to judge the case and leaves the claimants to settle the matter themselves, in the hope that the rightful party will exert himself and prevail.

专讘 砖讬诪讬 讘专 讗砖讬 讗转讗 诇拽诪讬讛 讚讗讘讬讬 讗诪专 诇讬讛 诇讜转讘谉 诪专 讘注讬讚谞讗 讗诪专 诇讬讛 讗讬转 诇讬 注讬讚谞讗 诇讚讬讚讬 讜诇讜转讘谉 诪专 讘诇讬诇讬讗 讗诪专 诇讬讛 讗讬转 诇讬 诪讬讗 诇讗砖拽讜讬讬 讗诪专 诇讬讛 讗谞讗 诪砖拽讬谞讗 诇讬讛 诇诪专 诪讬讗 讘讬诪诪讗 讜诇讜转讘谉 诪专 讘诇讬诇讬讗 讗诪专 诇讬讛 诇讞讬讬

Rav Shimi bar Ashi came before Abaye and said to him: Master, set a time for me to study with you. Abaye said to him: I have a set time for myself, and I cannot devote it to you. Rav Shimi bar Ashi said to him: Master, set a time for me at night, and we can study then. Abaye said to him: I have to bring water at night with which to irrigate my fields. Rav Shimi bar Ashi said to him: I will irrigate for Master during the day, and then Master can set a time for me at night to study with him. Abaye said to him: Very well; this is an acceptable arrangement.

讗讝诇 诇注讬诇讗讬 讗诪专 诇讛讜 转转讗讬 砖转讜 诪讬讗 讘专讬砖讗 讗讝诇 诇转转讗讬 讗诪专 诇讛讜 注讬诇讗讬 砖转讜 诪讬讗 讘专讬砖讗 讗讚讛讻讬 住讻专 诪讬住讻专 讜讗砖拽讬 讻讬 讗转讗 诇拽诪讬讛 讚讗讘讬讬 讗诪专 诇讬讛 讻讘讬 转专讬 注讘讚转 诇讬 讜诇讗 讟注诪讬谞讛讜 讗讘讬讬 诇驻讬专讬 讚讛讛讬讗 砖转讗

What did Rav Shimi bar Ashi do? He first went to the owners of the uppermost fields, and said to them: The owners of the lowermost fields drink the water first, in accordance with the opinion of Rav. He then went to the owners of the lowermost fields, and said to them: The owners of the uppermost fields drink the water first, in accordance with the opinion of Shmuel. In the meantime, while the owners of the upper fields and the lower fields were arguing over who has first rights to the water, Rav Shimi bar Ashi dammed the river and irrigated Abaye鈥檚 fields. When he came before Abaye, the latter said to him: You have acted for me in accordance with two opposing opinions. And Abaye would not even taste the produce of that year because he thought that the water had reached his field in an unlawful manner.

讛谞讛讜 讘谞讬 讘讬 讞专诪讱 讚讗讝讜诇 讻专讜 讘专讬砖讗 讚砖谞讜讜转讗 讜讗讛讚专讜讛 讜砖讚讬讜讛 讘砖讬诇讛讬 谞讛专讗 讗转讜 注讬诇讗讬 诇拽诪讬讛 讚讗讘讬讬 讗诪专讜 诇讬讛 拽讗 诪转拽讬诇 诇谞讛专讬谉 讗诪专 诇讛讜 讻专讜 讘讛讚讬讬讛讜 讟驻讬 驻讜专转讗 讗诪专讜 诇讬讛 拽讗 讬讘砖讬 驻讬专讬谉 讗诪专 诇讛讜 讝讬诇讜 住诇讬拽讜 谞驻砖讬讬讻讜 诪讛转诐

It is related that there were certain residents of a place called Bei 岣rmakh who went and dug a channel at the head of the Shanvata River in order to divert the water and allow it to circle their fields, and then they returned the water to the river further downstream. Those who owned fields further upstream came before Abaye, and said to him: This damages our river, as the water is not flowing as it once had. Abaye said to them: Dig a little deeper with them, and that should solve the problem. They said to him: If we do that, our pits will become dry. Once Abaye heard this he said to the residents of Bei 岣rmakh: Go remove yourselves from there, and dam the diversion that you made for the river.

诪爪讜讚讜转 讞讬讛 讜注讜驻讜转 讜讚讙讬诐 讬砖 讘讛谉 讜讻讜壮 讘讗讜讝诇讬 讜讗讜讛专讬

搂 The mishna teaches: Taking animals, birds, or fish that were caught in traps belonging to another person is considered robbery on account of the ways of peace. And Rabbi Yosei says that this is full-fledged robbery. The Gemara comments: With regard to nets [uzlei] and woven traps [oharei],

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Gittin 60

The William Davidson Talmud | Powered by Sefaria

Gittin 60

诪讬 拽讜专讗讬谉 诇讗 讛讜讛 讘讬讚讬讛 讗转讗 讜砖讬讬诇讬讛 诇专讘讬 讬爪讞拽 谞驻讞讗 讗诪专 诇讬讛 讗讞专讬讛谉 拽讜专讗讬谉 转诇诪讬讚讬 讞讻诪讬诐 讛诪诪讜谞讬谉 驻专谞住讬诐 注诇 讛爪讘讜专 讜讗讞专讬讛谉 转诇诪讬讚讬 讞讻诪讬诐 讛专讗讜讬讬谉 诇诪谞讜转诐 驻专谞住讬诐 注诇 讛爪讬讘讜专 讜讗讞专讬讛谉 讘谞讬 转诇诪讬讚讬 讞讻诪讬诐 砖讗讘讜转讬讛谉 诪诪讜谞讬诐 驻专谞住讬诐 注诇 讛爪讘讜专 讜讗讞专讬讛谉 专讗砖讬 讻谞住讬讜转 讜讻诇 讗讚诐

who reads from the Torah? An answer was not readily available to him. He came and asked Rabbi Yitz岣k Nappa岣, who said to him: After them read the Torah scholars who are appointed as leaders [parnasim] of the community. And after them read Torah scholars who are fit to be appointed as leaders of the community, even if in practice they received no such appointment. The Sages said that a Torah scholar who knows how to answer any question asked of him is fit to be appointed as leader of the community. And after them read the sons of Torah scholars whose fathers were appointed as leaders of the community. And after them read the heads of synagogues, and after them any person.

砖诇讞讜 诇讬讛 讘谞讬 讙诇讬诇 诇专讘讬 讞诇讘讜 诪讛讜 诇拽专讜转 讘讞讜诪砖讬诐 讘讘讬转 讛讻谞住转 讘爪讬讘讜专 诇讗 讛讜讛 讘讬讚讬讛 讗转讗 砖讬讬诇讬讛 诇专讘讬 讬爪讞拽 谞驻讞讗 诇讗 讛讜讛 讘讬讚讬讛 讗转讗 砖讗讬诇 讘讬 诪讚专砖讗 讜驻砖讟讜讛 诪讛讗 讚讗诪专 专讘讬 砖诪讜讗诇 讘专 谞讞诪谞讬 讗诪专 专讘讬 讬讜讞谞谉 住驻专 转讜专讛 砖讞住专 讬专讬注讛 讗讞转 讗讬谉 拽讜专讬谉 讘讜

The people of the Galilee sent a question to Rabbi 岣lbo: What is the halakha with regard to reading from 岣mashim, i.e., scrolls containing only one of the five books of the Torah, in the synagogue in public? Is this permitted, or is it necessary to read from a complete Torah scroll? An answer was not readily available to him. He came and asked Rabbi Yitz岣k Nappa岣, but an answer was not readily available to him either. Rabbi Yitz岣k Nappa岣 came and asked this question in the study hall, and they resolved the difficulty from that which Rabbi Shmuel bar Na岣ani says that Rabbi Yo岣nan says: With regard to a Torah scroll that is missing even one sheet of parchment, one may not read from it in public. This indicates that an incomplete Torah scroll may not be used for a public Torah reading.

讜诇讗 讛讬讗 讛转诐 诪讞住专 讘诪讬诇转讬讛 讛讻讗 诇讗 诪讞住专 讘诪讬诇转讬讛 专讘讛 讜专讘 讬讜住祝 讚讗诪专讬 转专讜讬讬讛讜 讗讬谉 拽讜专讗讬谉 讘讞讜诪砖讬谉 讘讘讬转 讛讻谞住转 诪砖讜诐 讻讘讜讚 爪讘讜专

The Gemara rejects this argument: But that is not so, i.e., this cannot serve as a proof to the matter at hand. There, it is lacking part of the matter it is addressing, as a sheet of parchment is missing, whereas here, it is not lacking part of the matter it is addressing, as it contains a complete book. Rabba and Rav Yosef both say: One does not read from 岣mashim in the synagogue out of respect for the community.

讜专讘讛 讜专讘 讬讜住祝 讚讗诪专讬 转专讜讬讬讛讜 讛讗讬 住驻专 讗驻讟专转讗 讗住讜专 诇诪拽专讬 讘讬讛 讘砖讘转 诪讗讬 讟注诪讗 讚诇讗 谞讬转谉 诇讬讻转讘

And Rabba and Rav Yosef both say: It is prohibited to publicly read the haftara, the portion from the Prophets that is read after the weekly Torah portion, on Shabbat, from a scroll containing only the haftarot. What is the reason for this? It is because this type of scroll may not be written, as the words of the Prophets must also be written as complete books.

诪专 讘专 专讘 讗砖讬 讗诪专 诇讟诇讟讜诇讬 谞诪讬 讗住讜专 诪讗讬 讟注诪讗 讚讛讗 诇讗 讞讝讬 诇诪讬拽专讬 讘讬讛 讜诇讗 讛讬讗 砖专讬 诇讟诇讟讜诇讬 讜砖专讬 诇诪讬拽专讬 讘讬讛

Mar bar Rav Ashi said: To handle such a scroll on Shabbat is also prohibited. What is the reason for this? It is because it is not fit to be read. Consequently, it is treated as set-aside [muktze] on Shabbat. The Gemara rejects this argument: But that is not so; rather, it is permitted to handle such a scroll and it is permitted to read from it.

讚专讘讬 讬讜讞谞谉 讜专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 诪注讬讬谞讬 讘住驻专讗 讚讗讙讚转讗 讘砖讘转讗 讜讛讗 诇讗 谞讬转谉 诇讬讻转讘 讗诇讗 讻讬讜谉 讚诇讗 讗驻砖专 注转 诇注砖讜转 诇讛壮 讛驻专讜 转讜专转讱 讛讻讗 谞诪讬 讻讬讜谉 讚诇讗 讗驻砖专 注转 诇注砖讜转 诇讛壮 讛驻专讜 转讜专转讱

And a proof for this is that Rabbi Yo岣nan and Rabbi Shimon ben Lakish used to read from a scroll of aggada containing the words of the Sages on Shabbat. But such a scroll may not be written, for in principle, the statements of the Oral Law may not be committed to writing. Rather, since it is not possible to remember the Oral Law without writing it down, it is permitted to violate the halakha, as indicated by the verse: 鈥淚t is time to act for the Lord; they have nullified your Torah鈥 (Psalms 119:126). Here too, in the case of a haftara scroll, since it is not always possible to write complete books of the Bible, due to the expense, it is permitted to apply the reasoning of 鈥淚t is time to act for the Lord; they have nullified your Torah.鈥

讘注讗 诪讬谞讬讛 讗讘讬讬 诪专讘讛 诪讛讜 诇讻转讜讘 诪讙讬诇讛 诇转讬谞讜拽 诇讛转诇诪讚 讘讛 转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 讞转讜诪讛 谞讬转谞讛

Abaye raised a dilemma before Rabba: What is the halakha with regard to whether it is permitted to write a scroll containing only one portion of the Torah for the purpose of enabling a child to study it? The Gemara notes: Let the dilemma be raised according to the one who says that the Torah was given from the outset scroll by scroll, meaning that Moses would teach the Jewish people one portion of the Torah, and then write it down, and then teach them the next portion of the Torah, and then write that down, and continue in this way until he committed the entire Torah to writing. And let the dilemma also be raised according to the one who says that the Torah was given as a complete book, meaning that the Torah was not written down incrementally, but rather, after teaching the Jewish people the entire Torah, Moses committed it to writing all at once.

转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 讻讬讜谉 讚诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 讻讜转讘讬谉 讗讜 讚讬诇诪讗 讻讬讜谉 讚讗讬讚讘拽 讗讬讚讘拽

The Gemara explains the two sides of the dilemma according to each opinion: Let the dilemma be raised according to the one who says that the Torah was given scroll by scroll. On the one hand it is possible to say that since the Torah was originally given scroll by scroll, today as well one may write the Torah in separate scrolls. Or on the other hand, perhaps one should say that since it was ultimately joined together to form a single scroll, it was joined together and can no longer be written in separate scrolls.

转讬讘注讬 诇诪讗谉 讚讗诪专 转讜专讛 讞转讜诪讛 谞讬转谞讛 讻讬讜谉 讚讞转讜诪讛 谞讬转谞讛 讗讬谉 讻讜转讘讬谉 讗讜 讚讬诇诪讗 讻讬讜谉 讚诇讗 讗驻砖专 讻转讘讬谞谉 讗诪专 诇讬讛 讗讬谉 讻讜转讘讬谉 讜诪讛 讟注诐 诇驻讬 砖讗讬谉 讻讜转讘讬谉

And let the dilemma also be raised according to the one who says that the Torah was given as a complete book. On the one hand it is possible to say that since it was given from the outset as a complete book, one may not write it today in separate scrolls. Or on the other hand, perhaps one could say that since it is not always possible to write a complete Torah, one may write it in separate scrolls. Rabba said to him: One may not write the Torah in separate scrolls. And what is the reason? Because one may not write a scroll that is only part of the Torah.

讗讬转讬讘讬讛 讗祝 讛讬讗 注砖转讛 讟讘诇讗 砖诇 讝讛讘 砖驻专砖转 住讜讟讛 讻转讜讘讛 注诇讬讛 讗诪专 专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 诪砖讜诐 专讘讬 讬谞讗讬 讘讗诇祝 讘讬转

Abaye raised an objection to his opinion from a mishna (Yoma 37b) where it was taught: Queen Helene also fashioned a golden tablet as a gift for the Temple on which the Torah portion discussing a sota was written. When the priest would write the scroll of a sota in the Temple, he would copy this Torah portion from the tablet, so that a Torah scroll need not be taken out for that purpose. This indicates that it is permitted for one to write a single portion of the Torah. Rabbi Shimon ben Lakish says in the name of Rabbi Yannai: There is no proof from this mishna, as the tablet prepared by Queen Helene was not written in an ordinary manner, but rather it consisted of the letters of the alef-beit, i.e., only the first letter of each word was written on the tablet, and by looking at it the priest writing the sota scroll would remember what to write.

讗讬转讬讘讬讛 讻砖讛讜讗 讻讜转讘 专讜讗讛 讜讻讜转讘 诪讛 砖讻转讜讘 讘讟讘诇讗 讗讬诪讗 讻诪讛 砖讻转讜讘 讘讟讘诇讗

The Gemara raised an objection from a baraita that teaches: When the priest writes the sota scroll, he looks at and writes that which is written on the tablet, which indicates that the full text of the passage was written on the tablet. The Gemara rejects this argument: Emend the baraita and say that it should read as follows: He looks at and writes like that which is written on the tablet. The tablet aids the priest in remembering the text that must actually be written.

讗讬转讬讘讬讛 讻砖讛讜讗 讻讜转讘 专讜讗讛 讘讟讘诇讗 讜讻讜转讘 诪讛 砖讻转讜讘 讘讟讘诇讗 诪讛 讛讜讗 讻转讜讘 讘讟讘诇讗 讗诐 砖讻讘 讗诐 诇讗 砖讻讘 讛讻讗 讘诪讗讬 注住拽讬谞谉 讘住讬专讜讙讬谉

The Gemara raised an objection from a different baraita: When he writes, he looks at the tablet and writes that which is written on the tablet. And what is written on the tablet? 鈥淚f a man lay with you鈥nd if he did not lay with you鈥 (see Numbers 5:19). Apparently, the full text of the passage was written on the tablet. The Gemara answers: With what are we dealing here? The tablet fashioned by Queen Helene was written by alternating complete words and initials. The first words of each verse were written there, but the rest of the words in the verse were represented by initials. Therefore, this contribution of Queen Helene does not resolve the question of whether writing a scroll for a child is permitted.

讻转谞讗讬 讗讬谉 讻讜转讘讬谉 诪讙讬诇讛 诇转讬谞讜拽 诇讛转诇诪讚 讘讛 讜讗诐 讚注转讜 诇讛砖诇讬诐 诪讜转专 专讘讬 讬讛讜讚讛 讗讜诪专 讘讘专讗砖讬转 注讚 讚讜专 讛诪讘讜诇 讘转讜专转 讻讛谞讬诐 注讚 讜讬讛讬 讘讬讜诐 讛砖诪讬谞讬

The Gemara comments: The question of whether or not writing a scroll for a child is permitted is subject to a dispute between tanna鈥檌m, as it is taught in the following baraita: One may not write a scroll containing only one portion of the Torah for the purpose of enabling a child to study, but if the writer鈥檚 intention is to complete the scroll, it is permitted. Rabbi Yehuda says: In the book of Genesis he may write a scroll from the beginning until the generation of the flood. In Torat Kohanim, the book of Leviticus, he may write a scroll from the beginning until 鈥淎nd it came to pass on the eighth day鈥 (Leviticus 9:1).

讗诪专 专讘讬 讬讜讞谞谉 诪砖讜诐 专讘讬 讘谞讗讛 转讜专讛 诪讙讬诇讛 诪讙讬诇讛 谞讬转谞讛 砖谞讗诪专 讗讝 讗诪专转讬 讛谞讛 讘讗转讬 讘诪讙讬诇转 住驻专 讻转讜讘 注诇讬 专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 讗讜诪专 转讜专讛 讞转讜诪讛 谞讬转谞讛 砖谞讗诪专 诇拽讜讞 讗转 住驻专 讛转讜专讛 讛讝讗转

The Gemara returns to discuss the previously mentioned dispute. Rabbi Yo岣nan says in the name of Rabbi Bana鈥檃: The Torah was given from the outset scroll by scroll, as it is stated: 鈥淭hen I said, behold, I come with the scroll of the book that is written for me鈥 (Psalms 40:8). King David is saying about himself that there is a section of the Torah, 鈥渢he scroll of the book,鈥 that alludes to him, i.e., 鈥渢hat is written for me.鈥 This indicates that each portion of the Torah constitutes a separate scroll. Rabbi Shimon ben Lakish says: The Torah was given as a complete book, as it is stated: 鈥淭ake this scroll of the Torah鈥 (Deuteronomy 31:26), which teaches that from the outset the Torah was given as a complete unit.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 诇拽讜讞 讛讛讜讗 诇讘转专 讚讗讬讚讘拽

The Gemara asks: And according to the other Sage, Rabbi Yo岣nan, as well, isn鈥檛 it written 鈥渢ake,鈥 indicating that the Torah scroll was given whole? How does he explain this verse? The Gemara answers: That verse is speaking about the Torah after it was joined together to form a single unit.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 讘诪讙讬诇转 住驻专 讻转讜讘 注诇讬 讛讛讜讗 讚讻诇 讛转讜专讛 讻讜诇讛 讗讬拽专讬 诪讙讬诇讛 讚讻转讬讘 讜讬讗诪专 讗诇讬 诪讛 讗转讛 专讜讗讛 讜讗讜诪专 讗谞讬 专讜讗讛 诪讙讬诇讛 注驻讛

The Gemara asks: And according to the other Sage, Reish Lakish, as well, isn鈥檛 it written: 鈥淲ith the scroll of the book that is written for me,鈥 indicating that the Torah was given scroll by scroll? How does he explain this verse? The Gemara answers: That verse teaches that the entire Torah is called a scroll. This is indicated in another verse as well, as it is written: 鈥淎nd He said to me: What do you see? And I said: I see a flying scroll鈥 (Zechariah 5:2).

讗讬 谞诪讬 诇讻讚专讘讬 诇讜讬 讚讗诪专 专讘讬 诇讜讬 砖诪谞讛 驻专砖讬讜转 谞讗诪专讜 讘讬讜诐 砖讛讜拽诐 讘讜 讛诪砖讻谉 讗诇讜 讛谉 驻专砖转 讻讛谞讬诐 讜驻专砖转 诇讜讬诐 讜驻专砖转 讟诪讗讬诐 讜驻专砖转 砖讬诇讜讞 讟诪讗讬诐 讜驻专砖转 讗讞专讬 诪讜转

Alternatively, this verse serves to allude to the sections of the Torah discussed in that statement of Rabbi Levi, as Rabbi Levi says: Eight sections were said on the day that the Tabernacle was erected, on the first of Nisan. They are: The section of the priests (Leviticus 21:1鈥22:26); the section of the Levites (Numbers 8:5鈥26); the section of the impure (Leviticus 13:1鈥 14:57); the section of the sending away of the impure (Numbers 5:1鈥4); the section beginning with the words 鈥淎fter the death鈥 (Leviticus, chapter 16);

讜驻专砖转 砖转讜讬讬 讬讬谉 讜驻专砖转 谞专讜转 讜驻专砖转 驻专讛 讗讚讜诪讛

the section dealing with priests who have become intoxicated with wine (Leviticus 10:8鈥11); the section of the lamps (Numbers 8:1鈥7); and the section of the red heifer (Numbers, chapter 19), as all of these sections are necessary for service in the Tabernacle.

讗诪专 专讘讬 讗诇注讝专 转讜专讛 专讜讘 讘讻转讘 讜诪讬注讜讟 注诇 驻讛 砖谞讗诪专 讗讻转讜讘 诇讜 专讜讘讬 转讜专转讬 讻诪讜 讝专 谞讞砖讘讜 讜专讘讬 讬讜讞谞谉 讗诪专 专讜讘 注诇 驻讛 讜诪讬注讜讟 讘讻转讘 砖谞讗诪专 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛

搂 The Gemara continues its discussion concerning the writing of the Torah: Rabbi Elazar says: The majority of the Torah was transmitted in writing, while the minority was transmitted orally, as it is stated: 鈥淚 wrote for him the greater part of My Torah; they were reckoned a strange thing鈥 (Hosea 8:12), meaning that the majority of the Torah was transmitted in written form. And Rabbi Yo岣nan says: The majority of the Torah was transmitted orally [al peh], while the minority was transmitted in writing, as it is stated with regard to the giving of the Torah to Moses on Mount Sinai: 鈥淔or on the basis of [al pi] these matters I have made a covenant with you and with Israel鈥 (Exodus 34:27), which indicates that the greater part of the Sinaitic covenant was taught orally.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 讗讻转讜讘 诇讜 专讜讘讬 转讜专转讬 讛讛讜讗 讗转诪讜讛讬 拽讗 诪转诪讛 讗讻转讜讘 诇讜 专讜讘讬 转讜专转讬 讛诇讗 讻诪讜 讝专 谞讞砖讘讜

The Gemara asks: And according to the other Sage, Rabbi Yo岣nan, as well, isn鈥檛 it written: 鈥淚 wrote for him the greater part of My Torah鈥? How does he understand this verse? The Gemara answers: This verse is not a statement, but rather a rhetorical question expressing bewilderment: For did I write for him the greater part of My Torah? In that case they, the Jewish people, would be reckoned as strangers, meaning that there would be no difference between them and the nations of the world if everything was written down. Rather, the majority of the Torah must remain an oral tradition.

讜讗讬讚讱 谞诪讬 讛讻转讬讘 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛 讛讛讜讗 诪砖讜诐 讚转拽讬驻讬 诇诪讬讙诪专讬谞讛讜

The Gemara asks: And according to the other Sage, Rabbi Elazar, as well, isn鈥檛 it written: 鈥淔or on the basis of these matters I have made a covenant with you and with Israel鈥? How does he understand this verse? The Gemara answers: That verse, which indicates that the covenant was based on that which was taught by oral tradition, is stated due to the fact that it is more difficult to learn matters transmitted orally, but not because these matters are more numerous than those committed to writing.

讚专砖 专讘讬 讬讛讜讚讛 讘专 谞讞诪谞讬 诪转讜专讙诪谞讬讛 讚专讘讬 砖诪注讜谉 讘谉 诇拽讬砖 讻转讬讘 讻转讜讘 诇讱 讗转 讛讚讘专讬诐 讛讗诇讛 讜讻转讬讘 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛 讛讗 讻讬爪讚 讚讘专讬诐 砖讘讻转讘 讗讬 讗转讛 专砖讗讬 诇讗讜诪专谉 注诇 驻讛 讚讘专讬诐 砖讘注诇 驻讛 讗讬 讗转讛 专砖讗讬 诇讗讜诪专谉 讘讻转讘 讚讘讬 专讘讬 讬砖诪注讗诇 转谞讗 讗诇讛 讗诇讛 讗转讛 讻讜转讘 讜讗讬 讗转讛 讻讜转讘 讛诇讻讜转

Rabbi Yehuda bar Na岣ani, the disseminator for Rabbi Shimon ben Lakish, expounded as follows: It is written: 鈥淲rite you these matters鈥 (Exodus 34:27), and it is written later in that same verse: 鈥淔or on the basis of [al pi] these matters.鈥 How can these texts be reconciled? They mean to teach: Matters that were written you may not express them orally [al peh], and matters that were taught orally you may not express them in writing. The school of Rabbi Yishmael taught: The word 鈥渢hese鈥 in the mitzva recorded in the verse 鈥淲rite you these matters鈥 is used here in an emphatic sense: These matters, i.e., those recorded in the Written Law, you may write, but you may not write halakhot, i.e., the mishnayot and the rest of the Oral Law.

讗诪专 专讘讬 讬讜讞谞谉 诇讗 讻专转 讛拽讚讜砖 讘专讜讱 讛讜讗 讘专讬转 注诐 讬砖专讗诇 讗诇讗 讘砖讘讬诇 讚讘专讬诐 砖讘注诇 驻讛 砖谞讗诪专 讻讬 注诇 驻讬 讛讚讘专讬诐 讛讗诇讛 讻专转讬 讗转讱 讘专讬转 讜讗转 讬砖专讗诇

Rabbi Yo岣nan says: The Holy One, Blessed be He, made a covenant with the Jewish people only for the sake of the matters that were transmitted orally [be鈥檃l peh], as it is stated: 鈥淔or on the basis of [al pi] these matters I have made a covenant with you and with Israel鈥 (Exodus 34:27).

诪注专讘讬谉 讘讘讬转 讬砖谉 诪驻谞讬 讚专讻讬 砖诇讜诐 诪讗讬 讟注诪讗 讗讬诇讬诪讗 诪砖讜诐 讻讘讜讚 讜讛讗 讛讛讜讗 砖讬驻讜专讗 讚讛讜讛 诪注讬拽专讗 讘讬 专讘 讬讛讜讚讛 讜诇讘住讜祝 讘讬 专讘讛 讜诇讘住讜祝 讘讬 专讘 讬讜住祝 讜诇讘住讜祝 讘讬 讗讘讬讬 讜诇讘住讜祝 讘讬 专讘讗

搂 The mishna teaches that the Sages enacted that a joining of courtyards [eiruv] is placed in an old house where it had regularly been placed on account of the ways of peace. The Gemara asks: What is the reason for this? If we say that it is to show respect to the owner of that house, but wasn鈥檛 it related about a certain charity box, which was fashioned for the benefit of the community and brought honor to the person in whose house it was placed, that initially it was placed in Rav Yehuda鈥檚 house, and afterward it was moved to Rabba鈥檚 house, and afterward it was transferred to Rav Yosef鈥檚 house, and afterward it was moved to Abaye鈥檚 house, and afterward it was moved to Rava鈥檚 house. This teaches that there is no issue here of respect, and that such items would ordinarily be moved from place to place.

讗诇讗 诪砖讜诐 讞砖讚讗

Rather, say instead that the Sages instituted this enactment to avoid arousing suspicion. Since the eiruv had regularly been placed in a particular house, were it to be moved, people might think that the residents of the alleyway suspected that the owner of the house was stealing from them, and therefore they put it somewhere else.

讘讜专 砖讛讜讗 拽专讜讘 诇讗诪讛 讜讻讜壮 讗讬转诪专 讘谞讬 谞讛专讗 专讘 讗诪专 转转讗讬 砖转讜 诪讬讗 讘专讬砖讗 讜砖诪讜讗诇 讗诪专 注讬诇讗讬 砖转讜 诪讬讗 讘专讬砖讗

搂 The mishna teaches that the Sages enacted that the pit that is nearest to the irrigation channel that supplies water to several pits or fields is filled first on account of the ways of peace. It was stated that the amora鈥檌m disagree about the following issue: When people own fields along a river and they irrigate their fields with water that is redirected from it, who among them enjoys first rights to irrigate his field? Rav said: The owners of the lowermost fields drink the water, i.e., irrigate their fields, first. And Shmuel said: The owners of the uppermost fields drink the water first.

讘讚诪讬讝诇 讻讜诇讬 注诇诪讗 诇讗 驻诇讬讙讬 讻讬 驻诇讬讙讬 讘诪讬住讻专 讜讗砖拽讜讬讬 砖诪讜讗诇 讗诪专 注讬诇讗讬 砖转讜 诪讬讗 讘专讬砖讗 讚讗诪专讬 讗谞谉 诪拽专讘讬谞谉 讟驻讬 讜专讘 讗诪专 转转讗讬 砖转讜 诪讬讗 讘专讬砖讗 讚讗诪专讬 谞讛专讗 讻驻砖讟讬讛 诇讬讝讬诇

The Gemara explains: With regard to a case where the water flows on its own, everyone agrees that whoever wishes to irrigate may do so as he wishes. When they disagree, it is with regard to a case where they need to dam the river and irrigate through channels. Shmuel said: The owners of the uppermost fields drink the water first because they can say: We are nearer to the river鈥檚 headwaters. And Rav said: The owners of the lowermost fields drink the water first because they can say: Let the river go its natural way and after we take what we need, dam it as you please.

转谞谉 讘讜专 讛拽专讜讘 诇讗诪讛 诪转诪诇讗 专讗砖讜谉 诪驻谞讬 讚专讻讬 砖诇讜诐 转专讙诪讛 砖诪讜讗诇 讗诇讬讘讗 讚专讘 讘讗诪讛 讛诪转讛诇讻转 注诇 驻讬 讘讜专讜

We learned in the mishna that the Sages enacted that the pit that is nearest to the irrigation channel that supplies water to several pits or fields is filled first on account of the ways of peace. This teaches that the party who is nearest to the water鈥檚 source enjoys first rights, and it supports Shmuel鈥檚 opinion and is difficult for Rav. Shmuel interpreted the mishna in accordance with the opinion of Rav: The mishna refers here to an irrigation channel that passes the mouth of the pit, so that the pit fills with water on its own, even without damming.

讗讬 讛讻讬 诪讗讬 诇诪讬诪专讗 诪讛讜 讚转讬诪讗 诪爪讬 讗诪专讬 诇讬讛 住讻专 诪讬住讻专 讜讗砖拽讬 讘讛讬谞讚讝讗 拽讗 诪砖诪注 诇谉

The Gemara asks: If so, what is the purpose of stating this? It is obvious. The Gemara answers: Lest you say that the owners of the other fields can say to the owner of the pit: Dam your pit as well so that water not enter it, and irrigate your fields in proportion [hindeza], just like the rest of us. The mishna therefore teaches us that the owner of the pit is not required to do this, and consequently his pit is filled first.

讗诪专 专讘 讛讜谞讗 讘专 转讞诇讬驻讗 讛砖转讗 讚诇讗 讗讬转诪专 讛诇讻转讗 诇讗 讻诪专 讜诇讗 讻诪专 讻诇 讚讗诇讬诐 讙讘专

Rav Huna bar Ta岣lifa said: Now that the halakha was stated neither in accordance with the opinion of this Sage, Rav, nor in accordance with the opinion of that Sage, Shmuel, whoever is stronger prevails. Since the halakha has not been decided, the court refuses to judge the case and leaves the claimants to settle the matter themselves, in the hope that the rightful party will exert himself and prevail.

专讘 砖讬诪讬 讘专 讗砖讬 讗转讗 诇拽诪讬讛 讚讗讘讬讬 讗诪专 诇讬讛 诇讜转讘谉 诪专 讘注讬讚谞讗 讗诪专 诇讬讛 讗讬转 诇讬 注讬讚谞讗 诇讚讬讚讬 讜诇讜转讘谉 诪专 讘诇讬诇讬讗 讗诪专 诇讬讛 讗讬转 诇讬 诪讬讗 诇讗砖拽讜讬讬 讗诪专 诇讬讛 讗谞讗 诪砖拽讬谞讗 诇讬讛 诇诪专 诪讬讗 讘讬诪诪讗 讜诇讜转讘谉 诪专 讘诇讬诇讬讗 讗诪专 诇讬讛 诇讞讬讬

Rav Shimi bar Ashi came before Abaye and said to him: Master, set a time for me to study with you. Abaye said to him: I have a set time for myself, and I cannot devote it to you. Rav Shimi bar Ashi said to him: Master, set a time for me at night, and we can study then. Abaye said to him: I have to bring water at night with which to irrigate my fields. Rav Shimi bar Ashi said to him: I will irrigate for Master during the day, and then Master can set a time for me at night to study with him. Abaye said to him: Very well; this is an acceptable arrangement.

讗讝诇 诇注讬诇讗讬 讗诪专 诇讛讜 转转讗讬 砖转讜 诪讬讗 讘专讬砖讗 讗讝诇 诇转转讗讬 讗诪专 诇讛讜 注讬诇讗讬 砖转讜 诪讬讗 讘专讬砖讗 讗讚讛讻讬 住讻专 诪讬住讻专 讜讗砖拽讬 讻讬 讗转讗 诇拽诪讬讛 讚讗讘讬讬 讗诪专 诇讬讛 讻讘讬 转专讬 注讘讚转 诇讬 讜诇讗 讟注诪讬谞讛讜 讗讘讬讬 诇驻讬专讬 讚讛讛讬讗 砖转讗

What did Rav Shimi bar Ashi do? He first went to the owners of the uppermost fields, and said to them: The owners of the lowermost fields drink the water first, in accordance with the opinion of Rav. He then went to the owners of the lowermost fields, and said to them: The owners of the uppermost fields drink the water first, in accordance with the opinion of Shmuel. In the meantime, while the owners of the upper fields and the lower fields were arguing over who has first rights to the water, Rav Shimi bar Ashi dammed the river and irrigated Abaye鈥檚 fields. When he came before Abaye, the latter said to him: You have acted for me in accordance with two opposing opinions. And Abaye would not even taste the produce of that year because he thought that the water had reached his field in an unlawful manner.

讛谞讛讜 讘谞讬 讘讬 讞专诪讱 讚讗讝讜诇 讻专讜 讘专讬砖讗 讚砖谞讜讜转讗 讜讗讛讚专讜讛 讜砖讚讬讜讛 讘砖讬诇讛讬 谞讛专讗 讗转讜 注讬诇讗讬 诇拽诪讬讛 讚讗讘讬讬 讗诪专讜 诇讬讛 拽讗 诪转拽讬诇 诇谞讛专讬谉 讗诪专 诇讛讜 讻专讜 讘讛讚讬讬讛讜 讟驻讬 驻讜专转讗 讗诪专讜 诇讬讛 拽讗 讬讘砖讬 驻讬专讬谉 讗诪专 诇讛讜 讝讬诇讜 住诇讬拽讜 谞驻砖讬讬讻讜 诪讛转诐

It is related that there were certain residents of a place called Bei 岣rmakh who went and dug a channel at the head of the Shanvata River in order to divert the water and allow it to circle their fields, and then they returned the water to the river further downstream. Those who owned fields further upstream came before Abaye, and said to him: This damages our river, as the water is not flowing as it once had. Abaye said to them: Dig a little deeper with them, and that should solve the problem. They said to him: If we do that, our pits will become dry. Once Abaye heard this he said to the residents of Bei 岣rmakh: Go remove yourselves from there, and dam the diversion that you made for the river.

诪爪讜讚讜转 讞讬讛 讜注讜驻讜转 讜讚讙讬诐 讬砖 讘讛谉 讜讻讜壮 讘讗讜讝诇讬 讜讗讜讛专讬

搂 The mishna teaches: Taking animals, birds, or fish that were caught in traps belonging to another person is considered robbery on account of the ways of peace. And Rabbi Yosei says that this is full-fledged robbery. The Gemara comments: With regard to nets [uzlei] and woven traps [oharei],

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