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Babylonian Talmud: Tractate Shabbath
The halachah is that one may reset a fracture.1 Rabbah b. Bar Hanah visited Pumbeditha. He did not attend Rab Judah's session, [so] he sent Adda the waiter to him and said, 'Go and seize him.'2 So he went and seized him. When he [Rabbah] appeared, he found him [Rab Judah] lecturing, One may not reset a fracture. Said he to him, Thus did R. Hana of Bagdad say in Samuel's name: The halachah is that one may reset a fracture. Said he to him, Surely Hana is one of ours and Samuel is one of ours,3 yet I have not heard this; did I then not summon you justly?4
IF ONE'S HAND IS DISLOCATED, etc. R. Awia was sitting before R. Joseph. when his hand became dislocated.5 How is it thus? asked he. It is forbidden. And how is it thus?6 It is forbidden. In the meantime his hand reset itself.7 Said he to him, what is your question? Surely we learnt, IF ONE'S HAND OR FOOT IS DISLOCATED HE MUST NOT AGITATE IT VIOLENTLY IN COLD WATER, BUT MAY BATHE IT IN THE USUAL WAY, AND IF IT HEALS, IT HEALS. But did we not learn: ONE MAY NOT RESET A FRACTURE, he retorted, yet R. Hana of Bagdad said in Samuel's name, The halachah is that one may reset a fracture.8 — Will you weave all in one web?9 he replied; where it was stated it was stated, but where it was not stated it was not stated.10
MISHNAH. A MAN MAY BORROW PITCHERS OF WINE AND PITCHERS OF OIL FROM HIS NEIGHBOUR, PROVIDED HE DOES NOT SAY TO HIM, 'LEND [THEM] [HALWENI] TO ME';11 AND SIMILARLY A WOMAN [MAY BORROW] LOAVES FROM HER NEIGHBOUR. IF HE DOES NOT TRUST HIM HE LEAVES HIS CLOAK WITH HIM [AS A PLEDGE] AND MAKES A RECKONING WITH HIM AFTER THE SABBATH. IN THE SAME WAY, IF THE EVE OF PASSOVER IN JERUSALEM FALLS ON A SABBATH, ONE LEAVES HIS CLOAK WITH HIM [THE VENDOR] AND RECEIVES HIS PASCHAL LAMB12 AND MAKES A RECKONING WITH HIM AFTER THE FESTIVAL.
GEMARARaba son of R. Hanan asked Abaye: Wherein does halweni differ from hash'ileni?13 In the case of hash'ileni, he replied, he [the lender] will not come to write it down;14 whereas [if he says] halweni he will come to write it down. But since on weekdays it sometimes happens that one wishes to say halweni but says hash'ileni, yet he is not particular15 and comes to write it down, so on the Sabbath too he may come to write it down?16 — On the Sabbath, he replied since the Rabbis permitted hash'ileni only, but not halweni, the matter is distinguishable and he will not come to write.
Raba son of R. Hanan said to Abaye: Consider! The Rabbis said, 'Regarding all actions on Festivals, as far as it is possible to vary, we vary them;17 then the women who fill their pitchers on Festivals, why do they not vary [their way of doing it]? Because it is impossible. How should they do it: shall those who [usually] draw [water] with a large pitcher [now] draw [it] with a small pitcher? then they increase the amount of walking! Shall those who [usually] draw [water] with, a small pitcher [now] draw it with a large one? then they increase the burden.
Shall one spread a cloth? then he may come to wring it out. Shall one cover it with a lid? it [the string wherewith it is tied] may break and he will come to knot it.1 Therefore it is impossible.
Raba son of R. Hanan also said to Abaye: We learnt, One must not clap [the hands], beat [the breast], or dance2 on Festivals. Yet we see that they do it, and do not rebuke them in any way? — Then on your reasoning, when Rabbah said: A man should not sit on the top of a stake, lest an article roll away from him and he come to fetch it,3 — yet we see [women]4 who carry pitchers and sit at the entrance of alleys, and we do not rebuke them? But leave Israel: better that they should [sin] in ignorance than deliberately. Now, he understood from this that that [principle] holds good only in respect of Rabbinical [enactments] but not Scriptural laws.5 Yet that is not so: there is no difference between a Rabbinical and a Scriptural law. For lo! the addition to the Day of Atonement is Scriptural,6 yet we see them [women] eat and drink until it is dark and do not rebuke them.
AND SIMILARLY A WOMAN [MAY BORROW] LOAVES FROM HER NEIGHBOUR, [etc.] Only on the Sabbath is it forbidden, but on weekdays it is well. Shall we say that our Mishnah does not agree with Hillel, for we learnt: And thus Hillel used to say: A woman must not lend a loaf to her neighbour without first valuing it, lest wheat advances and they [the lender and the borrower] come to [transgress the prohibition of] usury?7 — You may even say [that it agrees with] Hillel: the one is in a place where its value is fixed; the other, where its value is not fixed.8
IF HE DOES NOT TRUST HIM. It was stated: As for a loan made on a Festival, — R. Joseph said: It cannot be claimed;9 whilst Rabbah10 said: It can be claimed. 'R. Joseph said: It cannot be claimed', for if you say that it can be claimed, he [the lender] will come to record it. 'Rabbah said: It can be claimed', for if you say that it cannot, he will not lend him, and so he will come to abstain from the joy of the Festival.
We learnt: IF HE DOES NOT TRUST HIM, HE LEAVES HIS CLOAK WITH HIM: now, it is well if you say that it cannot be claimed, therefore he must leave his cloak with him and make a reckoning with him after the Sabbath. But if you say that it can be claimed, why must he leave his cloak with him: let him, lend it and then [re-]claim it? — He says, I do not wish to stand at court and before judges.
R. Idi b. Abin objected: If one kills a cow and apportions it on New Year, [then] if the month was prolonged it cancels [the debt]; but if not, it does not cancel the debt.11 But if it cannot be claimed,12 what does it cancel! — There it is different, because it is [retrospectively] revealed that it was a weekday.13 Come and hear [a refutation] from the second clause: 'but if not, it does not cancel the debt'. Now, it is well if you say that it can be claimed, hence he teaches [that] it does not cancel [the debt]; but if you say that it cannot be claimed, then what is meant by 'it does not cancel [the debt]'? — That if he [the debtor] pays him, he accepts it: whence it follows that the first clause means that [even] if he pays him he must not accept!14 — In the first clause he must tell him, 'l release it,' while in the second he need not say, 'l release it'. As we learnt: If one repays a debt in the seventh year he [the creditor] must tell him, 'I release it;' but if he [the debtor] replies, '[I repay] even so,' he may accept it from him, for it is said, And this is the word15 of the release.16
IN THE SAME WAY, IF THE EVE OF PASSOVER, etc. R. Johanan said: One may sanctify his Passover sacrifice on the Sabbath20 and his Festival sacrifice on the Festival.21 Shall we say that we can support him: IN THE SAME WAY, IF THE EVE OF PASSOVER IN JERUSALEM FALLS ON A SABBATH, ONE LEAVES HIS CLOAK WITH HIM AND RECEIVES HIS PASCHAL LAMB, AND MAKES A RECKONING WITH HIM AFTER THE FESTIVAL?22 — [No.] We treat here of one who assigns shares to others together with himself in his Passover sacrifice,23 so that it stands sanctified from before. But we learnt: One may not enrol [to share] in an animal on the Festival in the first place?24 — Here it is different: since he is a habitue of his, it is as though he had enrolled for it beforehand. But R. Oshaia taught: 'A man can go to a shepherd to whom he is accustomed to go and he gives him a sheep for his Passover sacrifice, and he sanctifies it and fulfils his obligation therewith? — There too, since he is accustomed to go to him, he [the shepherd] does indeed sanctify it beforehand.25 But he states, 'he sanctifies it'?26 — This sanctification is a Rabbinical preferment.27 But did R. Johanan say thus? Surely R. Johanan said: The halachah is [always] as an anonymous Mishnah, whereas we learnt: One may not sanctify, vow a 'valuation',28 devote,29 or separate terumoth and tithes: all these were said of Festivals, and how much more so of the Sabbath! — There is no difficulty: One refers to obligatory offerings for which there is a fixed time;30 the other refers to obligations for which there is no fixed time.
MISHNAH. A MAN MAY COUNT HIS GUESTS AND HIS DAINTY PORTIONS BY WORD OF MOUTH, BUT NOT FROM WRITING. A MAN MAY CAST LOTS WITH HIS SONS AND THE MEMBERS OF HIS HOUSEHOLD FOR THE TABLE,31 PROVIDED THAT HE DOES NOT INTEND TO OFFSET A LARGE PORTION AGAINST A SMALL ONE.32 AND [PRIESTS] MAY CAST LOTS FOR SACRIFICES ON FESTIVALS, BUT NOT FOR THE PORTIONS.33
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