- 1.1. Wheat and tares [note] 2 are not accounted Diverse Kinds. Barley and goat-grass, spelt and oats, the common bean and the kidney bean, the everlasting-pea and the vetchling, the white bean and haricot bean are not accounted Diverse Kinds.
- 1.2. The cucumber and the musk-melon are not accounted Diverse Kinds. R. Judah says: They are accounted Diverse Kinds. Lettuce and willow-lettuce, chicory and wild chicory, the leek and the wild leek, coriander and wild coriander, mustard and Egyptian mustard, the Egyptian gourd and the bitter gourd, the Egyptian bean and the carob are not accounted Diverse Kinds.
- 1.3. The turnip and the radish, the cabbage and the cauliflower, beet and orach are not accounted Diverse Kinds. R. Akiba added: Garlic and wild garlic, onions and wild onions, lupine and wild lupine are not accounted Diverse Kinds.
- 1.4. Among trees the pear and the pippin, [note] 1 the quince and the hawthorn are not accounted Diverse Kinds. Although the apple and the medlar, the peach and the almond, the jujube and the Zizyphus are like to each other, they are accounted Diverse Kinds. [note] 2
- 1.5. Although the long radish and the round radish, mustard and wild mustard, the Greek gourd and the Egyptian or bitter gourd are like to each other, they are accounted Diverse Kinds.
- 1.6. The wolf and the dog, the wild-dog and the jackal, goats and gazelles, wild goats and sheep, the horse and the mule, the mule and the ass, the ass and the wild ass, although like to each other are accounted Diverse Kinds.
- 1.7. One kind of tree may not be grafted on to another kind, nor one kind of vegetable on to another kind, nor a tree on to a vegetable, nor a vegetable on to a tree. R. Judah permits [the grafting of] a vegetable on to a tree.
- 1.8. Vegetables” may not be planted in the stump of a sycamore tree, nor may rue be grafted on to white cassia, since that is [to graft] a vegetable on to a tree. A fig-tree shoot may not be planted in scratchgrass that this may shade it, nor may a vine-shoot be trained into a water-melon that this may pour its juice into it, since that is [to graft] a tree on to a vegetable. A gourd seed may not be put into bugloss to protect it, since that is [to graft] one kind of vegetable on to another.
- 9. If a man buried turnips and radishes under a vine, and some of the leaves were left uncovered, he need not fear lest he transgress thereby [the law of] Diverse Kinds or [the laws of] the Seventh Year [note] 3 or of Tithes; [note] 4 and they may be removed on the Sabbath. [note] 5 If a man sowed wheat and barley together, they are accounted Diverse Kinds. R. Judah says: They are not accounted Diverse Kinds unless there are two [kinds] of wheat and one of barley, or one of wheat and two of barley, or one of wheat, one of barley, and one of spelt. [note] 6
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*** Lit. ‘two kind’. Lev. 19 and Deut. 22 forbid four types of ‘Diverse Kinds*: sowing a vineyard with Diverse Kinds, sowing a field or garden with Diverse Kinds of seed, allowing cattle to gender with a Diverse Kind, and wearing a garment of Diverse Kinds of stun (woollen and linen) mingled together. Diverse Kinds of seeds are only forbidden in the case of plants which differ in name, taste, and appearance.
2 Bearded darnel.
1 Heb. krustomel. Maas. l Uktz. 1, cf χπυσομηλον, quince.
2 Because they differ in taste.
3 When it is forbidden to sow anything (see p. 39, n. 4.).
4 Which are not due from what has not been sown but only buried.
5 As being plucked already, therefore he is not transgressing the law against reaping on the Sabbath (Shab. 7)
6 R. Judah interprets Lev. 19 and Deut. 22 as meaning that Diverse Kinds may not be sown in a field where something else is growing already ; thus you may not sow Diverse Kinds in a vineyard (Deut. 22) Therefore three species are required for the transgression of the Law.
2
3
4
5
6 |
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- 2.1. If in a seah [note] 7 [of seed] there is a quarter- [kab] [note] 8 of another kind, this must be lessened. R. Jose says: It must be wholly removed whether it is of one kind or of two kinds. R. Simeon says: They have spoken of but one kind. But the Sages say: Any Diverse Kinds soever [that are found] in a seah of seed are included together to make up the [forbidden] quarter-kab
- 2.2. This applies when one kind of grain is mixed with another kind, or one kind of pulse with another kind, or when grain is mixed with pulse or pulse with grain. Rightly have they said: [note] 9 The seeds of garden produce which are not used as food, are included together to make up [the proportion that renders them forbidden as Diverse Kinds] if they are one twenty-fourth part of what is sown in a seah’s space. R. Simeon says: Like as they have spoken in such wise that the rule bears with stringency so have they spoken in such wise that it bears with leniency: thus if flax seed was mixed with grain it is included together to make up [the proportion that renders it forbidden as Diverse Kinds] only if it is one twenty-fourth part of what is sown in a seah’s space. [note] 1
- 2.3. If a man’s field was sown with wheat and he then determined to sow it with barley, he must wait until the seed begins to send out wormlike shoots and turn up the soil and then sow it [with barley]. If it had already sprouted he may not say, ‘I will sow first and then turn up the soil’, but he must first turn up the soil and then sow. How deep should he plough? As deep as the furrows made after a rainfall. Abba Saul says: So that he does not leave [unturned] a quarter-kab’s space within a seah’s space.
- 2.4. If his field was sown and he then determined to plant it, he may not say, ‘I will plant it first and then turn up the soil’, but he must first turn up the soil and then plant it. If it was planted and he then determined to sow it, he may not say, ‘I will sow it first and then uproot [what was planted]’, but he must first uproot and then sow. If he would do so he may cut down the plants to less than a handbreadth and sow and then uproot the plants.
- 2.5. If his field was sown with caraway [note] 2 or arum he may not sow over them because they ripen only after three years. If in a crop of grain there sprang up aftergrowths of woad (so, too, in the place of threshing-floors if many kinds sprang up ; so, too, if fenugreek made weeds to spring up), he is not bound to weed them out. But if he has weeded them or cropped them, they say to him, ‘Uproot them all save one kind only’.
- 2.6. If he would lay out his field in plots each bearing a different kind [of crop], the School of Shammai say: [Between each he must leave a space equal to] three furrows of ploughed land. And the School of Hillel say:The width of a Sharon yoke. And the opinion of the one is not far from the opinion of the other.
- 2.7. If the point of the angle of a field of wheat entered into a field of barley, this is permitted, since it is manifestly the limit of the field. If one man’s field was sown with wheat and that of his fellow with some other kind, he may flank his own with that other kind; if his was sown with wheat and that of his fellow with wheat, he may flank it with a furrow of flax, but not with a furrow of another kind. R. Simeon says: It is all one whether it is [a furrow of] flax or of some other kind. R. Jose says: Even in the middle of a field it is permitted to test [the field] with a furrow of flax.
- 2.8. They may not flank a field of grain with mustard or seed of safflower, but they may flank a field of vegetables with mustard or seed of safflower. They may flank [with a Diverse Kind] a plot of untilled or newly broken land, or a loose stone wall, or a pathway or a fence ten handbreadths high or a ditch ten handbreadths deep and four wide, or a tree that overshadows the ground, or a rock ten handbreadths high and four wide.
- 2.9. If a man would lay out his field in patches each bearing a different kind [of crop], he may lay out twenty-four patches within a seah’s space, one patch to every quarter-kab’s space, and sow therein what kind of seed he will; if [in a field of grain] there was but one patch or two [each of a quarter-kab’s space], he may sow them with mustard-seed; but if three, he may not sow them with mustard-seed, since it might appear like to a field of mustard. So R. Meir. But the Sages say: [Only] nine patches [of a quarter-kab’s space] may be sown [with different kinds of seed in the seah’s space], and ten are forbidden. R. Eliezer b. Jacob says: Even if his entire field measured a kor’s space, he may not make therein more than one patch.
- 2.10. Anything within the patch of a quarter-kab space [that intervenes between one crop and another] must be counted within the measure of the quarter-kab’s space. The ground required for a vine or a grave or a rock must be counted within the measure of the quarter-kab’s space. Grain may be sown alongside [another kind of] grain only if a quarter-kab’s space [intervenes] ; vegetables may be planted alongside [other] vegetables only if six handbreadths [intervene] ; grain may be sown alongside vegetables, or vegetables alongside grain only if a quarter-kab’s space [intervenes]. R. Eliezer says: Vegetables may be sown alongside grain only if six hand- breadths [intervene].
- 2.11. If grain [grows in a place where it] leans over another kind of grain, of if vegetables lean over other vegetables, or if grain leans over vegetables or vegetables over grain, all are permitted save only in the case of a Greek gourd. R. Meir says: A cucumber or Egyptian bean also ; — yet [note] 1 I approve their words rather than mine.
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7 See App. II, D.
8 i.e. one twenty-fourth of the seah.
9 See p. 12, n. 4
1 Because while one stah of grain or pulse is sown over a ‘seah’s space’ (2,500 sq. cubits),
only a quarter-seah of seeds of garden produce are sown over one seah’s space, while three
seahs of flax-seed are sown over the like area. Therefore if garden-seed is one ninety-sixth
of the mixed seed the mixture is forbidden, whereas flax-seed must be one-eighth of the
mixture to render it forbidden.
2 Most texts read ‘hemp’ (katmabos for karbos); but that ripens yearly.
1 ‘In spite of this tradition which I have received and which I now report, I approve . . .’ |
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- 3. 1. A garden-bed six handbreadths by six, may be sown with five kinds of seeds — four kinds in its four corners [note] 2 and one in the middle. If it has a border one handbreadth high, it may be sown with thirteen kinds — three [note] 3 along each border [on the four sides] and one in the centre. Turnip-tops should not be planted in the border since they might fill it. R. Judah says: Six kinds may be sown in the middle. [note] 4
- 3.2. Not every kind of seed may be sown in a garden-bed, but any kind of vegetable may be sown therein. Mustard and small beans are deemed a kind of seed and large beans a kind of vegetable. If a border that was one handbreadth high was made lower it continues valid since it was valid in the beginning. In a furrow or [dried up] water channel one handbreadth deep, three kinds of seed may be sown; one at either end and one in the middle.
- 3.3. If the point of the angle of a field of vegetables entered into a field of other vegetables, this is permitted since it is manifestly the limit of the field. If a man’s field was sown with vegetables and he sought to plant therein a row of another kind of vegetable, R. Ishmael says: [He may not do so] unless the furrow extends unstopped from one end of the field to the other. R. Akiba says: It need be but six handbreadths in length and fully as wide. R. Judah says: As wide as the width of the sole of a foot.
- 3.4. If a man planted two rows of cucumbers, two rows of gourds, then two rows of Egyptian beans, this is permitted; but if one row of cucumbers, one row of gourds, then one row of Egyptian beans, this is forbidden. R. Eliezer allows one row of cucumbers, one row of gourds, one row of Egyptian beans, then one row of cucumbers; but the Sages forbid it.
- 3.5. A man may plant a cucumber and a gourd in the same hollow provided that the one grows out in one direction and the other in the other, [note] 1 the foliage of the one stretching in one direction and the foliage of the other in the other; for whatsoever the Sages have forbidden they have so decreed only for appearance’s sake.
- 3.6. If a man’s field was sown with onions and he sought to plant therein rows of gourds, R. Ishmael says: He should uproot two rows [of onions] and plant one row [of gourds] and leave the standing crop of onions over a space of two rows, then again uproot two rows [of onions] and plant one row [of gourds]. R. Akiba says: He may uproot two rows [of onions] and plant two rows [of gourds] and leave the standing crop of onions over a space of two rows, then again uproot two rows and plant two rows. But the Sages say: Unless there is a space of twelve cubits between one row [of gourds] and the next, what is sown between them may not be suffered to remain.
- 3.7. If gourds are planted beside vegetables they are given the same space as vegetables, [note] 2 but if beside grain they must be given a quarter-kab’s space. If a man’s field was sown with grain and he sought to plant therein a row of gourds, it must be allowed six handbreadths [on either side] for its tillage, and if its growth exceeds this the grain must be uprooted before it. R. Jose says: It should be allowed four cubits for its tillage. They said to him: Dost thou require here greater stringency than for the vine? He replied: We find that here greater stringency applies than for the vine, since for a single vine six handbreadths are allowed for its tillage, while for a single gourd a quarter-kab’s space is allowed. R. Meir says in the name of R. Ishmael: Where there are three gourds within a seah’s space other seed may not be sown within the seah’s space. R. Jose b. ha-Hotef Ephrathi said in the name of R. Ishmael: Where there are three gourds within a kor’s space other seed may not be sown within the few’s space.
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2 Or, ‘along its four sides’
3 Each one handbreath square and separated one handbreadth from the next.
4 Sketches showing the possible dispositions of Diverse Kinds of seeds are given in the ordinary Mishnayoth editions,
1 Some texts omit the rest of the paragraph. Cf. 9 below.
2 Six handbreadths. |
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- 4.1. The School of Shammai say: A vineyard patch [note] 3 must be [at least] twenty- four cubits [square]. The School of Hillel say: Sixteen cubits. The School of Shammai say: The outer space of a vineyard must be [at least] sixteen cubits. The School of Hillel say: Twelve cubits. What is a ‘vineyard patch’? [The part of] a vineyard that is bare of vines in its midst. If this is less than sixteen cubits [square], seed may not be sown there; but if it is [at least] sixteen cubits [square] they must allow the vines enough space for their tillage, [note] 4 and they may sow in what is left.
- 4.2. What is the ‘outer space’s [note] 5 of a vineyard? The space between the vines and the boundary-fence. If this is less than twelve cubits, seed may not be sown there; but if it is [at least] twelve cubits they must allow the vines enough space for their tillage, and they may sow in what is left.
- 4.3. R. Judah says: Such is but the vineyard’s boundary-fence. [note] 6 What, then, is the ‘outer space’ of a vineyard? [note] 7 [The space] between two vineyards. And what counts as a ‘fence’ ? [note] 8 Such that is ten handbreadths high. And a ‘ditch’ ? Such that is ten handbreadths deep and four wide.
- 4.4. If the space between the reeds of a reed-partition was less than three handbreadths which would suffice for a kid to enter, it is deemed a valid partition. If a fence was breached for a space of ten cubits, such may be deemed an entrance; if more than this, it is forbidden [to sow] opposite the breach. If many breaches were made in the fence yet what remains standing exceeds what is broken down, it is permitted [to sow] opposite the breach; and if what is broken down exceeds what remains standing, it is forbidden.
- 4.5. If a man planted a row of five vines, the School of Shammai say: This counts as a vineyard. But the School of Hillel say: It does not count as a vineyard unless there are there two rows. Wherefore if he sows within the four cubits of the vineyard the School of Shammai say: He renders forfeit [note] 1 one row; and the School of Hillel say: He renders forfeit two rows. [note] 2
- 4.6. If a man planted two vines opposite two others, with another projecting like a tail, this counts as a vineyard ; but if two opposite two others and one between them, or two opposite two others and one in the midst — this does not count as a vineyard — but only if there are two opposite two others with another projecting like a tail.
- 4.7. If a man planted a row of vines on his own land and there was a row on that of his fellow, although there was between them a private path or a public path or a fence less than ten handbreadths high, both rows are included together [so that they count as a vineyard]. But if the fence was higher than ten handbreadths they are not included together. R. Judah says: If he trained them together above, they must be included together.
- 4.8. If a man planted two rows [of vines] he may not sow seed there unless there was a space of eight cubits between them. [note] 3 If there were three rows he may not sow seed there unless there was a space of sixteen cubits between one row and the next. R. Eliezer b. Jacob says in the name of Hananiah b. Hakinai: Even if the middle [row of vines] was left waste and there was not sixteen cubits between one row and the next, seed may not be sown there; though if in the beginning he had planted them [in two rows] it would have been permitted [to sow seed there] if there were but eight cubits between.
- 4.9. If a man planted his vineyard [in rows] sixteen cubits apart, it is permitted to sow seed there. R. Judah said: It once happened in Zalmon that a man planted his vineyard in rows sixteen cubits [apart], and trained the foliage of every two rows to one side and sowed over the cleared land; and on another year he trained the foliage towards the place that had been sown and sowed over the fallow land; the case came before the Sages and they pronounced it permissible. R. Meir and R. Simeon say: Even if a man planted his vineyard in rows of eight cubits apart, it is permitted [to sow there].
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3 Lit. ‘bald spot’; i.e. a space empty of vines in which it is desired to raise other crops without transgressing the law of Diverse Kinds in the vineyard.
4 Four cubits all round.
5 About which the Schools of Shammai and Hillel disputed.
6 And so long as there is four cubits for the tillage of the vines you may sow over what remains between the vines and the fence.
7 That needs to be at least twelve cubits.
8 That can be flanked with vines on the one side and sown crops on the other.
1 Deut. 22
2 a Since it requires at least two rows to count as a vineyard.3 In addition to the four cubits allowed for the tillage of the vines of each row.
3 In addition to tim fmir cubits aUow^ fm ibe tillage of tiie vines of each row. |
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- 5.1. If a vineyard lay waste yet grapes could still be gathered off ten vines within a seah’s space, [note] 4 and they were planted according to Halakah, [note] 5 it may be called a ‘poor vineyard’. If a vineyard [note] 6 was planted out in irregular fashion yet there could still be found two vines aligned parallel to three others, it counts as a vineyard ; otherwise it does not count as a vineyard. R, Meir says: Since it appears like in form to [other] vineyards, it may be deemed a vineyard.
- 5.2. If a vineyard was planted in rows less than four cubits apart, R. Simeon says: It is not deemed a vineyard. But the Sages say: It counts as a vineyard, and the middle rows are regarded as though they were not.
- 5.3. If a ditch that passes through a vineyard is ten [handbreadths] deep and four wide, R. Eliezer b. Jacob says: If it extends from the one end of the vineyard to the other it is regarded as lying between two vineyards, and seed may be sown therein ; but if not, it is reckoned as like to a wine-press. If a winepress in a vineyard is ten [handbreadths] deep and four wide, R. Eliezer says: They may sow seed therein. But the Sages forbid it. If the watchman’s booth in a vineyard is ten [handbreadths] high and four wide, they may sow seed therein; but if it is overhung by interlaced foliage it is forbidden.
- 5.4. If a vine was planted in a winepress or rift, they must allow it enough space for its tillage and they may sow in what is left. R. Jose says: Unless there is there [at least] four cubits’ space seed may not be sown there. If there is a house in the vineyard seed may be sown therein.
- 5.5. If a man planted vegetables in a vineyard or allowed them to grow there he may render forfeit forty-five vines. This applies if [the vines] were planted in rows four or five cubits apart. If they were planted in rows six or seven cubits apart, he renders forfeit [the vines] within a radius of sixteen cubits in every direction — reckoning in circles and not in squares. [note] 1
- 5.6. If a man saw vegetables growing in the vineyard and said, ‘When I reach them I will ‘pluck them’, they are not forbidden [under the law of Diverse Kinds]; [but if he said,] ‘When I come again I will pluck them’, they are forbidden even if they have grown only another two-hundredth part.
- 5.7. If he was passing through the vineyard and seeds fell from him, or if they came in with the manure or with the water, or if he was sowing and the wind blew seed behind him, it is not unlawful; [note] 2 but if the wind blew it before hin\ [into the vineyard], R. Akiba says: [If it grows into] the blade it must be hoed up ; if into the ear it must be broken off; if into the full corn it must be burnt.
- 5.8. If a man suffered thorns to grow up in the vineyard, R. Eliezer says: [They count as Diverse Kinds and] this renders forfeit [the adjacent vines]. But the Sages say: That alone is rendered forfeit the like of which is [ordinarily] suffered to grow. Iris, ivy, and fritillary and all kinds of seeds are not accounted Diverse Kinds in the vineyard. Hemp, according to R. Tarfon, does not come under the law of Diverse Kinds; but the Sages say: It does so. The artichoke comes under the law of Diverse Kinds in the vineyard.
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4 2,500 sq. cubits. See App. II, E.
5 App. I, 11. i.e. according to 4 above.
6 Variant: poor vineyard.
1 The vines are forfeit that lie within a circle if sixteen cubits radius, not within the square that contains the circle
2 Since it was not sown either consciously or intentionally |
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- 6. 1. What was the ‘trellised vine’ [about which the School of Shammai and the School of Hillel disputed]? If a row of five vines was planted beside a fence ten handbreadths high or beside a ditch ten handbreadths deep and four wide, four cubits are allotted for its tillage. The School of Shammai say: The four cubits need be measured only from the root of the vines toward the field [beyond the wall]. And the School of Hillel say: From the wall [itself] toward the field. R. Johanan b. Nuri said: All err that say so; but [the School of Hillel said that] if there was a space of four cubits from the root of the vines to the wall, space enough is allotted for its tillage, and seed may be sown over what is left. And how much is the space needful for the tillage of the vine? Six handbreadths in every direction. R. Akiba says: Three.
- 6.2. If trellised vines projected from a terrace [of a hillside], R. Eliezer b. Jacob says: If a man standing on the ground can gather all the grapes, the trellised vines render four cubits of the field forbidden; otherwise they render forbidden only what is directly beneath them. R. Eliezer says: If a man planted one [of the two rows] on the ground and the other on the terrace, and it is ten handbreadths higher than the ground, it is not included together with the other row [to make up a vineyard]; if it is not so high it is included together with it.
- 6.3. If a man trained a vine over part of the trellis-frame he may not sow seed beneath the rest of it ; yet if he has done so he does not render [the vine] forfeit. But if tendrils spread along [the rest of the frame, what is sown] is forbidden. So, too, if a man trained [a vine] over part of a serak tree. [note] 1
- 6.4. If he trained the vine over part of a fruit tree he may sow seed beneath the rest, and if new tendrils spread along [the rest of the tree] they must be turned back. Once R. Joshua went to R. Ishmael at Kefar Aziz [note] 2 and he showed him a vine that was trained over part of a fig tree. He said to him, ‘May I sow seed beneath the rest [of the tree]?’ He answered, ‘It is permitted’. And he brought him up from thence to Beth Hamaginyah and showed him a vine trained over part of a beam [note] 3 and the stump of a sycamore tree, whereon were many beams. [note] 3 He said to him, ‘Under this beam it is forbidden [to sow], but under the others it is permitted’.
- 6.5. What is a serak tree? Any that does not bear fruit. R. Meir says: All trees are serak trees excepting the olive tree and the fig tree. R. Jose says: Any tree with the like of which whole fields are not planted is a serak tree.
- 6.6. Gaps in trellised vines may measure eight cubits and a little more. Among all the measurements concerning a vineyard that are spoken of by the Sages, there is no ‘and a little more’ save only in the case of the gaps in trellised vines. These count as ‘gaps in trellised vines’: if trellised vines lie waste at their centre and five vines are left on either side and the gap is [no more than] eight cubits, seed may not be sown there; if it is eight ubits and a little more, space enough is allotted for their tillage, and seed may be sown over what is left.
- 6.7. If trellised vines [in the angle of two walls] project along the wall beyond the angle and [then] stop, space enough is allotted for their tillage and seed may be sown over the space that is left. R. Jose says: If the space was less than four cubits seed may not be sown there.
- 6.8. If the canes [of the framework] project beyond the trellised vines and they had refrained from cutting them short, it is permitted to sow seed directly beneath them; but if they were prepared for the young tendrils to spread along them, it is forbidden [to sow seed beneath them].
- 6.9. If blossom projected beyond the trellised vines it is reckoned as if a plummet was suspended from it: it is forbidden [to sow seed] directly beneath it. So, too, with a dangling branch. If a vine-shoot stretched from tree to tree, it is forbidden [to sow] beneath it. If it was made fast with a ligature of rope or reed-grass, it is permitted [to sow seed] beneath the ligature; but if the ligature was prepared for the young tendrils to spread along it, it is forbidden [to sow seed beneath it].
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1 See below, par. 5.
2 In the land of Edom. See Ket. 5
3 Or: severed branches. |
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- 7.1. If a vine-shoot was sunk into the ground and there was not three handbreadths of soil above it, seed may not be sown over it even though it was sunk through a gourd-shell or pipe. If it was sunk into stony ground and there was but three fingerbreadths of soil above it, seed may be sown over it. [In measuring the six handbreadths prescribed for the tillage of a single vine] measurement need be taken only from the second root of the sunken vine-shoot.
- 7.2. If three vines are sunk into the ground and their roots become visible, R. Eliezer b. R. Zadok says: If the space between them is from four to eight cubits, they must be included together [with the parent vines] ; otherwise they are not included together. If a vine is withered it is forbidden [to sow near it], but this does not render [the vine] forfeit. R. Meir says: Moreover it is forbidden to plant the cotton-tree, but it does not render [the adjacent vines] forfeit. R. Eliezer b. R. Zadok says in his name: Moreover it is forbidden to sow over [the sunken shoots of] the vine, but it does not render [the vine] forfeit.
- 7.3. Over these [places] it is forbidden [to sow] but it does not render [the vines] forfeit; the surplus ground [note] 1 in a vineyard patch; the surplus ground in the vineyard’s outer space; the surplus ground beneath the gaps of trellised vines ; and the surplus ground beneath the trellis-frames. But the space beneath the vine and the space needful for tending the vine, and the four cubits in the vineyard, these render forfeit [the adjacent vines].
- 7.4. If a man suffered his vine to overshadow his fellow’s growing corn he renders it forfeit and he is answerable therefor. R. Jose and R. Simeon say: None can render forfeit what does not belong to him.
- 7.5. R. Jose said: It once happened that a man sowed his vineyard in the Seventh Year, [note] 2 and the case came before R. Akiba, who said: None can render forfeit what does not belong to him.
- 7.6. If a usurping occupant [note] 3 sowed a vineyard and it was recovered from him, the [forbidden] crop may be cut [note] 4 even on the middle-days of a Feast. How much more need the owner pay the labourers ? As much as one-third more. [If they exact] more than this, he may continue to cut the crop in his own fashion even if it be after the Feast. After what time is the vineyard called by the name of the usurping occupant ? After [the name of its first owner] is forgotten. [note] 5
- 7.7. If the wind hurled vines over a grain crop [and they took root] they must be cut away at once; but if hindrance befell [the owner] the vines and crop are not forbidden [under the law of Diverse Kinds]. If growing corn swayed under a vine (and the same applies with vegetables) it must be bent back, but [even if it is not bent back] it does not render [the vine]
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1 An empty patch less than the prescribed (see above 4′) sixteen cubits.
2 See p. 39, n. 4
3 See p. 313, n. 6.
4 Forthwith by its rightful owner, to clear himself of the charge of sowing Diverse Kinds in his vineyard, even though it means performing work forbidden during mid-festival (p. 207, n. 19; M. Kat. 2) when produce may only be gathered from fear of its being lost.
5 Then the Diverse Kinds serve to render forfeit the produce sown and the fruit of the vineyard (Deut. 22)
1 But not the vines, since the plant-pot was never set on the ground |
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- 8.1. It is forbidden to sow Diverse Kinds in a vineyard or to suffer them to grow, and it is forbidden to make any use of them. It is forbidden to sow Diverse Kinds of seeds or to suffer them to grow, but they are permitted as food. [note] 2 Diverse Kinds in stuff are permitted in all things, and it is only forbidden to wear them. Diverse Kinds among cattle are per mitted to be reared and maintained, and it is only forbidden to breed them. It is forbidden to mate Diverse Kinds of cattle one with another.
- 8.2. One kind of cattle with another, one kind of wild animal with another, cattle with wild animals, wild animals with cattle, one kind of unclean beast with another, one kind of clean beast with another, an unclean beast with a clean, a clean beast with an unclean — it is forbidden to plough with them, draw with them, or drive them.
- 8.3. If a man drove them he incurs the Forty Stripes; [note] 3 if he sat in a wagon [drawn by them] he incurs the Forty Stripes, but R. Meir declares him xempt. Also if a third beast [of a Diverse Kind from the other two] was bound to the harness, it is forbidden.
- 8.4. A horse may not be tied to the sides of a wagon or behind a wagon [that is drawn by oxen], nor may they harness Libyan asses with camels. R. Judah says: All offspring of a horse though sired by an ass are permitted [to be yoked] together; and all offspring of an ass though sired by a horse are permitted [to be yoked] together. But it is forbidden [to yoke together] the offspring of a horse with the offspring of an ass.
- 8.5. It is forbidden to mate mules if it is unknown whether their dam was a horse or an ass; but a mule foaled by a horse is permitted [to be yoked] with a horse]. Wild men [note] 4 are [classed with] wild animals. R. Jose says: [When dead] they convey uncleanness by overshadowing [note] 5 as does [the corpse of] a man. The hedgehog and weasel are [classed with] wild animals. As for the weasel, R. Jose says that the School of Shammai say: An olive’s bulk conveys uncleanness by carrying, and a lentil’s bulk by contact. [note] 6
- 8.6. Wild oxen are deemed a kind of cattle. But R. Jose says: A kind of wild animal. The dog is reckoned a kind of wild animal. R. Meir says: A kind of cattle. The swine is reckoned a kind of cattle, the wild ass a kind of wild animal, and the elephant and ape a kind of wild animal; and with any of them a man may draw or plough or drive.
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2 Some textt add: Still more for use
3 The punishment for the transgression of a negatiire commazxl. See Makk. 3
4 The
meaning is doubtful. Perhaps the chimpanzee or Gorilla is meant.
5 Lit. ‘tent-uncleanness Num. 19. ‘Tent’ is used to indicate any confined space or any space that is roofed wherein a corpse, or part of a corpse, conveys uncleanness to whatsoever is under the same roof. see p. 649, n. 3.
6 According to the School of Shammai it is in doubt whether the weasel is to be cleansed as a wild animal (an olive’s bulk of whose flesh conveys uncleanness), or as a creeping thing a lentil’s bulk of which conveys uncleanness by contact but not by carrying). See App. IV. 8. |
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- 9. 1. Wool and linen alone are forbidden under the law of Diverse Kinds; wool and linen alone become unclean by leprosy-signs [note] 1 and when the priests minister in the Temple they wear wool and linen alone. If camel’s hair and sheep’s wool have been hackled together and the greater part is camel’s hair, this is permitted [to be mixed with linen] ; but if the greater part is sheep’s wool it is forbidden. If they are in equal parts it is forbidden. So, too, if hemp and flax have been hackled together.
- 9.2. Silk [note] 2 and bast-silk [note] 3 do not come under the law of Diverse Kinds, but they are forbidden for appearance’s ake. Mattresses and cushions do not come under the law of Diverse Kinds provided that a man’s naked flesh does not touch them. Diverse Kinds may not be worn even momentarily, and Diverse Kinds may not be worn even over ten [other garments], even [note] 4
to escape customs dues.
- 9.3. Handkerchiefs, wrappers for scrolls [of the Law], and bath-towels do not come under the law of Diverse Kinds. But R. Eliezer forbids them [if they have in them wool and linen). Barbers’ towels are forbidden [if made from wool and linen] under the law of Diverse Kinds.
- 9.4. The wrappings of a corpse and asses’ pack-saddles do not come under the law of Diverse Kinds. A man may not put the pack-saddle on his shoulder even to carry forth dung thereon.
- 9.5. Clothes dealers may sell [garments made from Diverse Kinds and display them] in usual fashion, provided that they do not use them of set purpose in the sun as protection from the sun or in the rain as protection from the rain. Howbeit the more scrupulous wrap them around a staff behind them.
- 9.6. Tailors may sew [garments made from Diverse Kinds and hold them] in usual fashion, provided that they do not use them of set purpose in the sun as protection from the sun or in the rain as protection from the rain. Howbeit the more scrupulous sew them [while setting them] on the ground.
- 9.7. The [woollen] rugs from Bera and Bered, [note] 7 or Dalmatian hosen, or slippers of felt may not be worn until they have been examined. R. Jose says: Stuff brought from the sea coast or from beyond the sea need not be examined since the presumption is that it is made out of hemp. Woollen- lined shoes do not come under the law of Diverse Kinds.
- 9.8. Spun and woven work alone are forbidden under the law of Diverse Kinds, as it is written, Thou shall not wear Sha’atnez [note] 6 — that which is shu’a (hackled), tawui (spun), and nuz (woven). R. Simeon b. Eleazar says: [It means that he that wears it] is ‘estranged’ (naloz) and ‘estranges’ (meliz) his Father in heaven against him.
- 9.9. Felted stuff [of Diverse Kinds] is forbidden because it is hackled. An edging of wool on a linen garment is forbidden since it interlaces the web [of the garment]. R. Jose says: Girdles of purple-dyed wool are forbidden because a man stitches them [to his shirt] before he ties it. A cord of wool may not be tied on to one made of linen to bind up the loins, even if there is a [leathern] strap between them.
- 9.10. The marks of weavers and washermen are forbidden under the law of Diverse Kinds. If [two pieces of stuff, one of linen and the other of wool], are fastened with a single stitch, this does not form a connective [for purposes of cleanness and uncleanness] [note] 1 nor does the law of Diverse Kinds apply, and if a man undoes it on the Sabbath he is not culpable. [note] 2 But if he brings both ends [of the thread] to the same side, this forms a connective, the law of Diverse Kinds applies, and if a man undoes it on the Sabbath he is culpable. R. Judah says: Only if a man makes three stitches. A sack and a basket [that are bound together and patched the one with wool and the other with linen] are included together so that they come under the law of Diverse Kinds. [note] 3
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1 Lev. 13. See Neg.11
2 A kind of silk resembling flax.
3 Silk resembling wool.
4 Some texts omit the last clause.
5 The meaning of both terms is doubtful. Heb. birsin, bardasin. They are explained as woollen bed-covers, the one kind thick and the other thin.
6 Deut. 22 R.V. ‘mingled stuff’. What follows is an example of Midrash Haggadah, making play with the consonants of the unusual word sha’atnez.
1 So that if one piece contracts uncleanness this is not transmi^d to the other piece, and if one piece is rendered clean again (by being sprinkled with the Sin -offering water—see Num. 19) the other piece remains unclean.
2 See Shab. 7
3 A slight variant in the parallel text in Sifre (a Midrash, containing material much of which is contemporary with that in the Mishnah) gives the easier sense: ‘A sack or basket (in which are wool and linen) causes (its contents) to be included together so that they come under the law of Diverse Kinds’ — therefore it is forbidden to carry such a sack or basket on the shoulder (ed. Friedmann, p. 117 b) |
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