Hebrew Literature. Various
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to a barber, nor to a skipper, but one may give it to a well-digger for drink, and to all persons one may give a gratuitous present.
6. Men may not dry figs of the Sabbatical year in the usual place, but one may dry them in a waste place. They must not tread grapes in a wine-press, but they may tread them in a kneading-trough. And they must not put olives into the oil-press with the stone over them, but they may pound them and put them into a small press. Rabbi Simon said, “one may also grind them in the house of the oil-press and put them into the small press.”
7. Men must not boil greens of the Sabbatical year in oil of the heave-offering, lest they take it for uses that are forbidden. R. Simon “allowed it.” And the very last thing (in a series of exchanges) partakes of the laws of the Sabbatical year; but the fruit itself (first exchanged) is forbidden.
8. Men must not buy servants, ground, or an unclean beast, with money of the Sabbatical year; but if they buy them, they must eat74 as much as their value. They must not bring for an offering the two pigeons of one with an issue, or the two pigeons after childbirth bought with money of the Sabbatical year. And if they bring them, they must eat75 as much as their value. They must not anoint vessels with oil of the Sabbatical year. But if they anoint them, they must eat76 as much as their value.
9. “A skin which one anointed with oil of the Sabbatical year?” Rabbi Eleazar said, “it must be burned.” But the Sages say, “one must eat77 as much as its value.” The Sages said before Rabbi Akiba it was a saying of Rabbi Eleazar, “a skin smeared with oil of the Sabbatical year must be burned.” [pg 070] He said to them, “Hush! I cannot tell you what Rabbi Eleazar said about it.”
10. And again, the Sages said in his presence, it was a saying of Rabbi Eleazar,78 “he who eats the bread of Samaritans is as one who eats swine-flesh.” He said to them, “Hush! I cannot tell you what Rabbi Eleazar said about it.”
11. “A bath which was heated with stubble or straw of the Sabbatical year?” “It is allowed to wash in it.” “But if one confer honor (on the bath)?” “He should not wash in it.”
Chapter IX
1. The rue, and the sorrel with spreading leaves, and the wild savory, the coriander of the mountains, and the parsley of the marshes, and the rocket of the desert, are free from tithes; and they may be bought from all men in the Sabbatical year, because nothing like them is legally guarded. Rabbi Judah said, “the sprouts of the mustard are allowed, because transgressors are not suspected for taking them from a guarded place.” Rabbi Simon said, “all vegetables that sprout again are allowed, excepting the sprouts of cabbage, because there is not their like among the greens of the field.” But the Sages say, “whatever sprouts again is forbidden.”
2. There are three countries to be public property in the Sabbatical year: Judah and beyond Jordan and Galilee; and each is divided into three parts: Upper Galilee, Lower Galilee, and the Vale. From the village of Hananiah and upward, every part in which the sycamore tree does not grow is Upper Galilee. And from the village of Hananiah and lower down, where any sycamore tree grows, is Lower Galilee. And the neighborhood of Tiberias is the Vale. And in Judah, the mountains, the plain, and the vale, and the plain of Lydda is as the plain of the south. And its mountains are as the King's mountain.79 From Bethhorn and to the sea is one province.
3. “And wherefore did the Sages say three countries?” “That men might eat during the Sabbatical year in every [pg 071] one of them, till the last fruits be finished in it.” R. Simon said, “they did not say three countries, they said only in Judah.” And all the other countries are reckoned as the King's mountain; and all countries are reckoned the same for olives and dates.
4. Men may eat so long as there is any fruit legally free, but they must not eat of that which is legally guarded. Rabbi José “allowed it, even when guarded.” They may eat fruit so long as it is found in birds' nests, and such fruit as is twice produced in each year, but they must not eat of winter fruit. R. Judah “allowed it at all times, if it ripened before the summer ended.”
5. “If men pressed three sorts of fruit in one barrel?” R. Eliezer said, “they may eat of the first.” R. Joshua said, “even of the last.” Rabban Gamaliel said, “everything, the species of which is finished growing in the field, its species is to be removed from the barrel.”80 Rabbi Simon said, “all greens are reckoned as one. They are to be cleared away from the house.” They may eat of the leeks till the teasels have ceased growing in the valley of Beth-Netopha.
6. “He who gathers fresh herbs?” “He may use them till their sap dry out.” “And he who binds the dry in bundles?” “He may use them till the second rain descends.”81 “The leaves of reeds and the leaves of vines?” “They may be used till they fall from their stems.” “And he who binds the dry in bundles?” “He may use them till the second rain descends.” Rabbi Akiba said, “they may be used by all persons till the second rain descends.”
7. “Like to this rule is his case who rented a house to his neighbor till the rains?” “This means till the second rain descends.” “He who by his vow cannot get assistance from his neighbor till the rains?” “This means till the second rain descends.” “When may the poor enter into the gardens?”82 “When the second rain descends.” “When may they use and burn the stubble and straw of the Sabbatical year?” “When the second rain descends.”
8. “A man had fruit of the Sabbatical year, and the time [pg 072] came for clearing it out from his house?” “He may divide to everyone victuals for three meals; and the poor may eat the fruit after the clearing of it out, but not the rich.” The words of Rabbi Judah. Rabbi José said, “the poor and the rich are alike, they may eat it after it is cleared out.”
9. “A man had fruits of the Sabbatical year, whether they fell to him by inheritance, or were given to him by gift?” R. Eliezer said, “let them be given to those who may eat them.” But the Sages say, “the transgressor must not profit, but let them be sold to those who may eat them, and let their price be divided to every man.” “He who eats dough of the Sabbatical year before the heave-offering be separated from it?” “He is guilty of death.”
Chapter X
1. The Sabbatical year releases83 a loan, whether it be with or without a bill. The credit of a shop is not released. But if one made it as a loan, it is released. Rabbi Judah said, “all the first credit is released, the wages of an hireling is not released.” “But if one made it as a loan?” “It is released.” Rabbi José said, “every work which ceases on the Sabbatical year is released; but that which does not cease on the Sabbatical year is not released from payment.”
2. The butcher who slaughtered a heifer (at the end of the Sabbatical year), and divided her head (for sale on the first of the two feast days of the new year), remains a debtor; but if he did so in an intercalary month,84 he is released (Deut. xv. 1). But if it be not an intercalary month, he is not released. He who forced, or enticed, or uttered a slander, and every act of the tribunal, have no release. “He who lent on security, or delivered his bills to the tribunal?” “There is no release for him.”
3. The Defence85 (for the poor) has no release. This is one of the things which the old Hillel ruled. When he saw that [pg 073] the people refrained from mutual loans, and transgressed what is written in the law, “Beware that there be not a thought in thy wicked heart,”86 etc., Hillel ruled the Defence.
4. This is the substance of the Defence, “I hand over to you judges such and such men in such a place, that every debt which belongs to me I may collect, whenever I please.” And the judges or witnesses sealed it below.
5. The Defence written before the Sabbatical year is valid, but afterward