- 1.1. Some there are that may bring the First-fruits and make the Avowal [note] 13 others that may bring them but not make the Avowal; and some there are that may not [even] bring them. These may not bring them: he that plants a tree in his own domain but sinks a shoot of it [so that it grows] in another’s domain or in the public domain; so, too, he that sinks a shoot from [a tree planted in] another’s domain or the public domain [so that it grows] in his own domain; or he that plants a tree in his own domain and sinks it [so that it still grows] in his own domain but with a private or public road between. Such a one may not bring the First-fruits. R. Judah says: Such a one may bring them.
- 1.2. For what reason may he not bring them? Because it is written, The first-fruits of thy land [note] 14 — [thou mayest not bring them] unless their growth is wholly from thy land. They that lease the land or that hire it, [note] 15 a usurping occupant [note] 16 or a robber may not bring them for the like reason, because it is written, The first-fruits of thy land.
- 1.3. First-fruits may be brought only from the seven kinds, [note] 17 and not from dates from the hill-country nor from produce from the valleys, nor from any oil-olives that are not of the choicest kind. First-fruits may not be brought before Pentecost. [note] 18 The men of mount Zeboim [note] 19 brought their First-fruits before Pentecost but they were not accepted because of what is written in the Law, The feast of harvest, the first-fruits of thy labours which thou sowest in the field. [note] 1
- 1.4. These may bring the First-fruits but they may not make the Avowal: the proselyte may bring them but he may not make the Avowal since he cannot say, Which the Lord swore unto our Fathers for to give us. [note] 2 But if his mother was an Israelite he may bring them and make the Avowal. And when he prays in private he should say, ‘O God of the fathers of Israel’; and when he is in the synagogue he should say, ‘O God of your fathers’. But if his mother was an Israelite he may say, ‘O God of our fathers’.
- 1.5. R. Eliezer b. Jacob says: A woman that is the offspring of proselytes may not marry into the priestly stock unless her mother was an Israelite; it is all one whether [she is the offspring of] proselytes or freed slaves, even to the tenth generation: [her like may not marry into the priestly stock] unless their mother was an Israelite. [note] 3 A guardian, an agent, a bondman, a woman, one of doubtful sex, or an androgynos [note] 4 may bring the First-fruits, but they may not make the Avowal since they cannot say, Which thou, O God, hast given me.
- 1.6. If a man bought two trees in his fellow’s domain he may bring the First-fruits but he may not make the Avowal. R. Meir says: He may do 1 both. If the well was dried up or the trees cut down he may bring the First-fruits but he may not make the Avowal. R. Judah says: He may do both. A man may bring the First-fruits and make the Avowal [at any time] from Pentecost until the Feast [of Tabernacles] [note] 5 while from the Feast [of Tabernacles] until [the Feast of] the Dedication [note] 6 he may bring them but he may not make the Avowal. R. Judah b. Bathyra says: He may do both.
- 1.7. If a man set apart his First-fruits and then sold his field, he may bring them but he may not make the Avowal. The other [that bought the field] may bring not that kind but another kind of produce as First-fruits, and he may make the Avowal. R. Judah says: He may bring First-fruits of that kind and yet make the Avowal.
- 1.8. If a man set apart his First-fruits and they were plundered or went bad or were stolen or were lost or contracted uncleanness, he may bring others in their stead, but he may not make the Avowal; and these others are not subject to the law of the [Added] Fifth [note] 7 If they contracted uncleanness while in the Temple Court, he must scatter them and he may not make the Avowal.
- 1.9. Whence do we learn that a man is answerable for them until they are brought to the Temple Mount? Because it is written, The first of the first-fruits of thy land thou shalt bring into the house of the Lord thy God [note] 8 which teaches that a man is answerable for them until they are brought to the Temple Mount. If he brought produce of one kind and made the Avowal and then brought produce of another kind, he may not make the Avowal [a second time].
- 1.10. These may bring the First-fruits and make the Avowal: [They that bring them] from Pentecost until the Feast of [Tabernacles]; [they that bring any] from the seven kinds, from the produce of the hill-country and from the dates that are from the valleys, and from the oil-olives from beyond Jordan. R. Jose the Galilean says: They may not bring First-fruits from beyond Jordan since that is not a land flowing with milk and honey.
- 1.11. If a man bought three trees in his fellow’s domain, he may bring First-fruits and make the Avowal. R. Meir says: Even [if he bought but] two. If he bought one tree together with the ground whereon it stands he may bring First-fruits and make the Avowal. R. Judah says: Even they that lease the land or they that hire it [note] 1 may bring First-fruits and make the Avowal.
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13 See Deut. 26
14 see Ex. 23
15 The former pay the owner a prescribed proportion of the crop, the latter a fixed quantity of produce.
16 See Gitt. 5
17 For which the land was famed: wheat, barley, grapes, figs, pomegranates, olive-oil, and (date-)honey. See Deut. 8, Ber. 6
18 Lit. ‘solemn assembly’ (Deut. 16, Is. 1), a usual title of the Feast of Weeks, or Pentecost.
19 See Hall. 4
1 Ex. 23
2 Deut. 26
3 Cf. Kidd. 4
4 A being of double sex. See below, ch. 4.
5 Roughly from May to October.
6 Chislev 25, which falls in the first half of December. The Feast of the Dedication (sc. of the Altar) commemorates the victory of the Maccabees (1 Maccabees 4)
7 If a non-priest consumed them in error. Lev. 2a 14; see B.M. 4; Cf. Ter. 6 1; Bikk.
8 Ex. 23
1 See above, 1 |
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- 2. 1. Through Heave-offering and First-fruits penalty of death may be incurred; [note] 2 they are subject to the law of the [Added] Fifth [note] 3 they are forbidden to non-priests; they are the property of the priest; [note] 4 they are neutralized in one hundred and one; [note] 5 they require the washing of hands [note] 6 and the awaiting of sunset. [note] 7 These rules apply to Heave-offering and First-fruits, but not to [Second] Tithe.
- 2.2. There are rules that apply to [Second] Tithe and to First-fruits but not to Heave-offering: for [Second] Tithe and First-fruits require to be brought to the Place [note] 8 and the [reciting of the] Avowal, and they are forbidden to a mourner [note] 9 (but R. Simeon permits First-fruits) and they are subject to the law of Removal [note] 10 (but R. Simeon declares First-fruits exempt); and in any quantity soever [if they are mixed with common produce of like kind] they are forbidden to be consumed [as common food] in Jerusalem; and what grows from them [when they are used for seed]is forbidden to be consumed in Jerusalem by non-priests or by cattle; but R. Simeon permits this. These rules apply to [Second] Tithe and to First-fruits but not to Heave-offering.
- 2.3. There are rules that apply to Heave-offering and to [Second] Tithe but not to First-fruits: for Heave-offering and [Second] Tithe [before they have been set apart] render forbidden what is on the threshing-floor; and they have a prescribed quantity; [note] 11 and they must be set apart from all produce whether or not the Temple still stands, and by them that lease the land or hire it, and by a usurping occupant or a robber. [note] 12 These rules apply to Heave-offering and to [Second] Tithe but not to First-fruits.
- 2.4. And there are rules that apply to First-fruits but not to Heave-offering or [Second] Tithe: for First-fruits can be acquired [note] 13 while they are still unplucked, [note] 14 and a man may grant his whole field as First-fruits, and he is answerable for them [until they are brought to the Temple Mount], and they require a Peace-offering, [note] 15 singing, [note] 16 waving, [note] 17 and spending the night [note] 18 [in Jerusalem].
- 2.5. Heave-offering of Tithe in two things is like to First-fruits and in two things like to Heave-offering. It may be taken from what is clean instead of from what is unclean and from what does not lie near by, [note] 19 like First-fruits. [Before it has been set apart] it renders forbidden what is on the threshing-floor and it has a prescribed quantity, like Heave-offering.
- 2.6. The citron-tree is in three things like to a tree and in one thing like to a vegetable. It is like to a tree in what concerns the laws of Orlah, of Fourth-year plantings and of the Seventh Year; and like to a vegetable in one thing, in that the season of its gathering is the season for its tithing. [note] 1 So Rabban Gamaliel. R. Eliezer says: It is like to a tree in all things.
- 2.7. The blood of two-legged creatures is like to the blood of cattle in that it renders seeds susceptible [note] 2 [to uncleanness], and [like to] the blood of creeping things [in that] none can become culpable by reason of it. [note] 3
- 2.8. The koy [note] 4 is in some things like to wild animals and in some things like to cattle; and in some things it is like to cattle and to wild animals; and in some things it is like neither to cattle nor to wild animals.
- 2.9. Wherein is it like to a wild animal? Its blood requires to be covered up [note] 5 like the blood of a wild animal; it may not be slaughtered on a Festival-day but if it was slaughtered its blood may not be covered up; its fat conveys carrion uncleanness [note] 6 like a wild animal, but its own uncleanness is in doubt; and [if it is a Firstling] it is not redeemed under the law of the first-born of an ass. [note] 7
- 2.10. Wherein is it like to cattle? Its fat is forbidden like the fat of cattle, and by reason of it a man is not punishable by Extirpation [note] 8 it may not be bought the maw. [note] 9 But R. Eliezer exempts it since on him that would exact aught from his fellow lies the burden of proof. [note] 10
- 2.11. Wherein is it like neither to cattle nor to wild animals? By virtue of the law of Diverse Kinds it is forbidden [to yoke it] [note] 11 with a wild animal or with cattle; and if a man assigned to his son his ‘wild animals’ and his ‘cattle’, he has not [thereby] assigned to him the koy. If a man said, ‘May I be a Nazirite [note] 12 if this is neither wild animal nor cattle!’ he must become a Nazirite. In all else it is like both to wild animals and to cattle: it requires slaughtering [note] 13 like them both, and like them both it can convey uncleanness by virtue of the rules applying to carrion [note] 14 and to a member of a living being.[note] 15
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2 By the non-priest who consumes them of set purpose. Cf . Hall, 1
3 When a non-priest who consumes them in error makes restitution.
4 Cf. below, 3
5 See Ter. 4
6 Cf. Hag. 2′; see p. 714. n. 3; p. 778, n. 8.
7 Before they can be consumed by a priest who had immersed himself because of uncleanness that day. Lev. 22; p. 773, n.6.
8 Jerusalem.
9 During the day of the death of one near of kin. See Deut. 26
10 Cf.Deut 26; M.Sh 5
11 see Peah i; Ter.4 512 Cf. Ter. i M. Sh. 5; Bikk. 1
13 Become the property of the priests.
14 see below, 3
15 Cf. below, 3
16 Cf. below 3
17 Cf. below, 3
18 Deduced from Deut. 16
19 see Ter. 2 1; Hall. 1
1 Cf. Shebi. 4
2 Lev. 11; Maksh. 6
3 The blood of animals is expressly forbidden (Lev. 7), but the reptile is forbidden as a reptile (Lev. 11), and the prohibition does not apply specifi cally to its blood.
4 In Hull. 79b defined as a cross between a goat and a gazelle. See also Naz. 5; Hull. 6; Bekh. 1
5 Lev. 17 Cf. Bete. 1; Hull. 6
6 Lev. 7
7 Ex. 32
8 see p. 562, n. 16
9 Deut. 18
10 For the same principle see B.K. 3; B.B. 9; Hull. 4; Bekh. 2; Toh. 4
11 see Kil 1. 8
12 see Naz. 5
13 Before it can be used for food.
14 Lev. 11
15 see Ohol. 2 |
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- 3. 1. How do they set apart the First-fruits? When a man goes down to his field and sees [for the first time] a ripe fig or a ripe cluster of grapes or a ripe pomegranate, he binds it round with reed-grass and says, ‘Lo, these are First-fruits’. R. Simeon says: Even so, he should again designate them as First-fruits after they are plucked from the soil.
- 3.2. How do they take up the First-fruits [to Jerusalem]? [The men of] all the smaller towns that belonged to the Maamad [note] 16 gathered together in the town of the Maamad and spent the night in the open place of the town and came not into the houses; and early in the morning the officer [of the Maamad] said, Arise ye and let us go up to Zion unto [note] 17 the Lord our God. [note] 18
- 3.3. They that were near [to Jerusalem] brought fresh figs and grapes, and they that were far off brought dried figs and raisins. Before them went the ox, [note] 1 having its horns overlaid with gold and a wreath of olive-leaves on its head. The flute was played before them until they drew nigh to Jerusalem. When they had drawn nigh to Jerusalem they sent messengers before them and bedecked their First-fruits. The rulers and the prefects [note] 2 and the treasurers of the Temple went forth to meet them. According to the honour due to them that came in used they to go forth. And all the craftsmen in Jerusalem used to rise up before them and greet them, saying, ‘Brethren, men of such-and-such a place, ye are welcome!’
- 3.4. The flute was played before them until they reached the Temple Mount. When they reached the Temple Mount even Agrippa the king would take his basket on his shoulder and enter in as far as the Temple Court. When they reached the Temple Court, the levites sang the song, I will exalt thee, O Lord, for thou hast set me up and not made mine enemies to triumph over me [note] 3
- 3.5. The pigeons that were hung upon the baskets were sacrificed as Whole-offerings, and what the people bore in their hands they delivered to the priests.
- 3.6. While the basket was yet on his shoulder a man would recite the passage [note] 4 from I profess this day unto the Lord thy God, until he reached the end of the passage. R. Judah says: Until he reached the words An Aramean ready to perish was my father. When he reached the words An Aramean … he took down the basket from his shoulder and held it by the rim. And the priest put his hand beneath it and waved it; and the man then recited the words from An Aramean ready to perish . . . until he finished the passage. Then he left the basket by the side of the Altar and bowed himself down and went his way.
- 3.7. Before time all that could recite [the prescribed words] recited them, and all that could not recite them rehearsed the words [after the priest]; but when these refrained [note] 5 from bringing [their First-fruits] it was ordained that both they that could recite them and they that could not should rehearse the words [after the priest].
- 3.8. The rich brought their First-fruits in baskets overlaid with silver and gold, while the poor brought them in wicker baskets of peeled willow-branches, and baskets and First-fruits were given to the priests.
- 3.9. R. Simeon b. Nanos says: They used to bedeck the First-fruits with produce other than the seven kinds. [note] 6 R. Akiba says: They bedecked the First-fruits only with produce of the seven kinds.
- 3.10. R. Simeon says: There are three degrees among the First-fruits: the [veritable] First-fruits, the additions to the First-fruits, and what bedecks the First-fruits. The additions to the First-fruits may be of like kind, but what bedecks the First-fruits may be of some other kind. The additions to the First-fruits must be eaten in cleanness, and they are not subject to the rules of demai-produce, [note] 7 but the rules of demai-produce apply to what bedecks the First-fruits.
- 3.11. In what case have they said that additions to the First-fruits are like to the First-fruits [themselves]? When they come from the Land [of Israel]; but when they do -not come from the Land of [Israel] they are not like to the First-fruits [themselves].
- 3.12. Why have they said that the First-fruits are like to the goods of the priest? Because with them he may buy bondmen, mmovable property, and unclean cattle, and a creditor can take them in payment of his debt, or a woman in payment of her Ketubah, [note] 1 as [they may also do with] a scroll of the Law. But R. Judah says: They may give the First-fruits only to [a priest that is] an Associate [note] 2 and as a favour. [note] 3 And the Sages say: They give them to any [priests] that are on duty in the Temple, and these may share among themselves as [they do] with the Hallowed Things [note] 4 of the Temple.
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16 see Taan. 4; App. 1
17 Some texts insert ‘the house of; cf. Is. 2
18 Jer. 31
1 Intended as a Peace-offering.
2 Explained as the chiefs of the priests and the chiefs of the levites (cf. Luke 22, ‘The chief priests and captains of the temple’). Cf. Shek. 5
3 Ps. 30.
4 Deut. 26
5 Out of shame.
6 See 1.
1 App. I. 16
2 see App. I. 3, 6
3 Cf. Shebi. 4
4 see p. 55, n. 6. |
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- 4.1 [note] 5 The androgynes is in some things like to men and in some things like to women, and in some things like both to men and to women, and in some things like neither to men nor to women.
- 4.2. How is he like to men? He conveys uncleanness with ‘the white’ [note] 6 like men; he is subject to the law of levirate marriage like men; [note] 7 he dresses and trims his hair like men; like men he can take a wife but cannot be taken to wife; like as at the birth of men his mother continues unclean because of him in the blood of purification; [note] 8 like men he may not remain alone with women; [note] 9 like men he does not receive maintenance with the daughters; [note] 10 like men he may not transgress the laws Ye shall not round the corners of your head, neither shalt thou mar the corners of thy beard, [note] 11 and Thou shalt not defile thyself for the dead; [note] 12 and like men he is bound by all the commandments enjoined in the Law.
- 4.3. How is he like to women? He conveys uncleanness with ‘the red’ [note] 13 like women; like women he may not remain alone with men; like women he is not subject to the law of levirate marriage; like women he does not share in the inheritance with the sons; like women he may not eat of the Hallowed Things in the Temple; like women he does not bestow the right to eat of Heave-offering; [note] 14 like as at the birth of women his mother continues unclean because of him in the blood of uncleanness; like women he is not eligible to give any testimony enjoined in the Law; and like women if he has suffered unlawful connexion he is ineligible to eat of Heave-offering.
- 4.4. How is he like both to men and to women? For smiting him or cursing him [note] 15 guilt is incurred as for smiting or cursing men and women; if a man slew him [note] 16 in error he is liable to exile, and if wantonly he is put to death like as for other men and women; his mother must bring an offering because of him like as at the birth of both men and women; and he may inherit any inheritance like both men and women.
- 4.5. How is he like neither to men nor to women? Heave-offering need not be burnt because of uncleanness of bis issue nor is penalty incurred through his entering the Temple while he is unclean, unlike both men and women; he cannot be sold [note] 17 as a Hebrew bondservant, unlike both men and women; and his Valuation [note] 18 cannot be vowed, unlike both men and women. And if a man said, ‘May I be a Nazirite if this is neither a man nor a woman!’ he must be a Nazirite. R. Jose says: An androgynes is a creature by itself, and the Sages could not decide about it whether it was man or woman. But it is not so with one of doubtful sex, since such a one is at times a man and at times a woman.
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5 This chapter is included in all printed editions but it is no part of the Mishnah. It is derived (and expanded variously in different editions) from the Tosefta of Bikkurim (2). It develops the subject of the androgynos (referred to in the Mishnah, 1) in the style of the teachings in 2. The text is in great confusion, both as to order and contents. The version here given shows the text in its more expanded form.
6 Seminal discharge or flux. Lev. 15; Zab.2
7 See p. 218, n. 1
8 Lev. 12
9 see Kidd. 4
10 see Ket. 4; B.B. 9
11 Lev. 19
12 Cf. Lev. 21
13 Menstrual flow. Lev. 15
14 Cf. p. 651, nn. 4, 5.
15 Ex. 21
16 See Ex. 21
17 Ex. 21
18 See Lev. 27; Cf. p. 544, n. 1. |