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יומא 11
Soncino English Talmud · Berean Standard Bible
All the gates that were there had no mezuzah, with the exception of the gate of Nicanor, within which the cell of the counsellors was situated . Apparently this teaching is in agreement with the Rabbis and not with R. Judah. For, if it were to be R. Judah's opinion [surely] he holds that [the mezuzah at the cell] itself is only a rabbinical enactment, shall we enact a preventive measure to guard another preventive measure? — You might even say it is in accord with R. Judah. [They are not two separate enactments, rather] the whole is but one measure. Our Rabbis taught: And upon thy gates: alike upon the gates of houses, upon the gates of courts, upon the gates of provinces, upon the gates of cities rests the dutiful obligation to the Omnipresent, as it is said, ‘Upon the doorposts of thy house and upon thy gates’. Said Abaye to R. Safra: Why did the Rabbis not affix a mezuzah on the city gateways of Mahoza? — He answered: They serve only as supports for the Fort of Turrets [of that city]. But the Fort of Turrets itself should have a mezuzah, for it contains a residence-compartment for the keeper of the prison! For it has been taught: A synagogue, which contains a dwelling-place for the synagogue attendant must have a mezuzah! Rather, said Abaye, it is due to a fear of danger. For it has been taught: The mezuzah of an individual's [house] should be examined twice every seven years, and of public buildings twice every fifty years. It happened to an Artaban who was examining mezuzoth in the upper market of Sepphoris that a quaestor found him and took from him a thousand zuz. But R. Eleazar said: Messengers engaged in a mizwah do not come to harm? — Where danger is to be expected, it is different, for it is written: And Samuel said: How can I go? If Saul hear it, he will kill me. And the Lord said: Take a heifer with thee, and say: I am come to sacrifice unto the Lord. R. Kahana recited before Rab Judah: The straw-magazine, the stable, the wood-shed, and the store-house are exempt from the mezuzah, because the women make use of them. What does ‘they make use [of them]’ mean? — They bathe [therein]. Rab Judah said to him: The reason for the exemption is that they bathe [therein], but [had they been restricted to their] ordinary use, these places are liable to a mezuzah. But has it not been taught that an ox-stable is exempt from a mezuzah? Rather we must say that ‘they make use [of them]’ means they adorn themselves therein and this is what it teaches: Although the women adorn themselves therein, they are exempt from mezuzah. Said R. Kahana to him: But are the [places] wherein women adorn themselves exempt [from a mezuzah]? Surely it has been taught: An ox-stable is exempt from mezuzah, and [places] where women adorn themselves are liable to a mezuzah — What then remains now for you to say [is that] the case of [dwellings] wherein women adorn themselves is being disputed by Tannaim, and so on my view too concerning these places [when limited to their] ordinary use, there is a dispute of Tannaim — For it has been taught: ‘Thy house’ means ‘a house appointed for thee’, thus excluding the straw-magazine, the ox-stable, the wood-shed, and the store-house which are exempt from the mezuzah. Some however declare them liable [to have a mezuzah]. In truth, they said, the privy, the tannery, the bathhouse, the house for ritual immersion are exempt from a mezuzah. Now R. Kahana explains [this teaching] according to his view, and Rab Judah explains it according to his view. ‘R. Kahana explains it according to his view’ thus: ‘Thy house’ means ‘the house appointed for thee’, thus excluding a straw-magazine, ox-stable, woodshed and store-house which are exempt from a mezuzah. Some however declare them liable. In truth, they said, the privy, the tannery, the bath-house, the house for ritual immersion and the rooms which the women make use of to adorn themselves are exempt from the mezuzah. But if this is so, it is the same as merhaz? — We are informed about public and about private bath-houses. For the thought may have occurred that only public bath-houses are exempt because they are full of uncleanness, but private bathhouses, where there is less thereof, are liable to a mezuzah, therefore he lets us know [that even private bath-houses are exempt]. ‘Rab Judah explains it in accord with his view’: This is how it is taught: ‘Thy house’ means ‘a house appointed for thee’, that excludes the straw-magazine, ox-stable, wood-shed, and store-house as exempt from mezuzah, even though women adorn themselves [therein]. Some consider houses wherein the women adorn themselves obliged to have a mezuzah. But [when restricted to their] ordinary use, all agree that they are exempt. In truth they said: The privy, the tannery, the private or public bathhouse, even though the women adorn themselves therein, are exempt from mezuzah, because they contain a great deal of uncleanness. But would, according to Rab Judah, all agree that [these places when restricted to their] ordinary use are exempt? Surely it has been taught: ‘In your gates’, that implies alike the gates of houses, of courts, of provinces, of cities, cattle-sheds, hen-roosts, shed for straw, store-house for wine, store-house for oil — they all are liable to a mezuzah — One might assume this includes also
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the porter's lodge, a veranda and a balcony, therefore the text reads, ‘house’ — [meaning] just as ‘house’ means a building appointed for a dwelling it thus excludes all other buildings not appointed for a dwelling. One might have wanted to include also the privy, the tannery, the bath-house and the house for ritual immersion, therefore the text says, ‘house’: just as a ‘house is made for dignity, so only all such are implied, which also are made for dignity, to the exclusion of these, which are not made for dignity. One might have wanted to include the mountain of the Sanctuary, the cells and the courts. Therefore the text says ‘house’: just as a ‘house’ is for common use so are only such [houses] as are for common use [liable] to a mezuzah — to the exclusion of these which are sacred! This is a refutation. R. Samuel son of Rab Judah recited before Raba: Six gates are exempt from the mezuzah.- [the gates of] the straw-shed, the stable, the wood-house, the store-house, the Median gate, a gate without beams and a gate that is not ten handbreadths high. He [Raba] said to him: You started by saying six and you ended up with seven?-He replied: There is Tannaitic division of opinion concerning the Median gate, for it has been taught: An arched doorway — R. Meir declares it liable to the mezuzah, while the Sages exempt it. All agree, however, that, if the posts are ten handbreadths [high], it is liable to the mezuzah. Said Abaye: All agree that if the [whole] doorway is ten handbreadths in height, but the post is not even three it is considered nothing; again, if the post is three handbreadths in height, but the [whole] doorway not even ten,it is also considered nothing. They are disputing only concerning doorways the [whole] height of which is ten, with the posts three in height, but with a width less than four handbreadths, space however being left to extend it to four handbreadths. R. Meir holds one may extend it by digging [to the required minimum of four handbreadths], whilst the Sages hold that we do not extend it by digging it. Our Rabbis taught: The synagogue, the women's apartment, and the house belonging to partners are liable to mezuzah — Is that not self-evident? — You might have said [the scriptural] ‘Thy house’ [means] her — but not [the woman's] house; ‘thy house’ but not their [partners’] house, hence we are taught [that they are included in the law of mezuzah]. But would you expound similarly: That your days may be multiplied and the days of your sons? Do only their [sons] need life, not the others [women and their daughters]? What then is the significance of ‘Thy house’? — It is as Raba said: For Raba said: The way thou enterest [thy house], and when a man moves, he moves with the right foot first. Another [Baraitha] taught: The synagogue, the house belonging to partners, and the women's compartment are subject to uncleanness from house plagues. Is that not self-evident? You might have said: Then shall come he who has the house to him; to him’ [implies] but not ‘to her’ [woman], ‘to him’ but not ‘to them’ [partners], therefore we are told [that this is not so]. Perhaps it is really so? — Scripture says, In a house of the land of your possession, [which includes both] — Why then ‘to him’? [That means to say that] if one devotes his house to himself exclusively, refusing to lend his belongings by pretending he did not own them, the Holy One, blessed be He, exposes him as he removes his belongings. Thus ‘to him’ excludes [from the infliction of the house plague] him who lends his belongings to others. But is a synagogue subject to uncleanness from house plagues? Has it not been taught: One might assume that synagogues and houses of learning are subject to uncleanness from house plagues, therefore Scripture says: ‘He who has the house to him’, i.e., he to whom alone the house belongs, that excludes those [houses] which do not belong to him alone? — This is no difficulty: The first teaching is in accord with R. Meir, the second with Rabba, for it has been taught: A synagogue which contains a dwelling for the synagogue attendant is liable to a mezuzah, but one which has no dwelling apartment, R. Meir declares it liable but the Sages exempt it. Or, if you wish, you might say: Both teachings are in accord with the Rabbis. In the one case the synagogue referred to has a dwelling [apartment], in the other it has no dwelling apartment. Or, if you wish, you might say [in accounting for the discrepancy] that in both cases the synagogue has no dwelling apartment
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