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יומא 43
Soncino English Talmud · Berean Standard Bible
if one should bring forth an ass with her. And he shall slay it [implies] that one must not slaughter any other [heifer] with it. Before him [implies] according to Rab that he must not divert his attention from her; according to Samuel, that a lay Israelite may slaughter, and Eleazar look on. And Eleazar the priest shall take of its blood with his finger [is written] according to Samuel in order to refer it [the rite] back to Eleazar; according to Rab: this is a limitation following a limitation and a double limitation serves to widen the scope, viz., that even a common priest may do it. And the priest shall take cedar-wood, and hyssop, and scarlet, [is written] according to Samuel, that even a common priest [may take and cast it] according to Rab: it is necessary [to mention it], for you might have thought and said: Since these things do not belong to the heifer itself, they do not require any priest's service, therefore Scripture informs us [that they do]. Then the priest shall wash his clothes, [implies] in his priestly garments. And the priest shall be unclean until the even, [implies] that he shall be in his priestly garments even in future generations. That will be quite right according to him who holds that [the heifer ceremony] will in future generations be performed by a common priest, but according to him who holds that in future generations [the heifer ceremony will be performed by] the high priest, now, since a high priest is required, is it necessary to state that he must be in his priestly garments? — Yes, Scripture does [occasionally] take the trouble to mention things which might have been inferred a minori. And a man that is clean shall gather up the ashes of the heifer and lay them up — ‘a man,’ [is written] to declare fit a lay Israelite; ‘that is clean’ — to declare fit a woman; and ‘lay them up’ [implies] one who has understanding how to lay them up, that excludes one deaf and dumb, an idiot, and a minor, who have not the understanding of how to lay them up. We learned elsewhere: All are fit to prepare [the waters of lustration] with the exception of the deaf and dumb, the idiot, and the minor. R. Judah declares fit a minor and disqualifies a woman and an hermaphrodite. What is the reason for the Rabbis’ view? — Because it is written: And for the unclean they shall take of the ashes of the burning of the purification from sin [and put upon them running water in a vessel], i.e., they whom I declared unto thee unfit for the gathering [of the ashes] I also declared unto thee unfit for the preparation [of the waters of lustration], but they whom I declared fit to thee for the gathering, I have also declared unto thee fit for the preparation. And [what does] R. Judah [say]? — If that were so, Scripture should have said: ‘He shall take [we-lakah ]’; what is the meaning of they shall take’? To intimate that even a minor whom I declared unto thee unfit there, is fit to act here. — Whence does he know that a woman is unfit? — Because Scripture says: [‘he shall put’] i.e., he, but not she, shall put. — And the Rabbis? — If the Divine Law had written ‘He shall take’,’he shall put’, one might have assumed the same man must both give and put, therefore Scripture wrote ‘and they shall take’. And if the Divine Law had stated ‘they shall take’ and [also] ‘they shall put’, one might have assumed that there must be two to take and put, therefore Scripture wrote: ‘they shall take’ and ‘he shall put’, to indicate that even if [it is right] two take [the ashes] and one puts [the running water in a vessel]. — And a clean man shall take hyssop, and cup it in the water [and sprinkle], according to the Rabbis: ‘A man’ [implies] but not a woman; ‘clean’ is [written] to declare fit even a minor; according to R. Judah: ‘a man’ [implies] but not a minor; ‘clean’ to declare fit a woman. An objection was raised: ‘All are qualified to sprinkle except one whose sex is unknown, an hermaphrodite and a woman; but a child that is without understanding, a woman may aid in sprinkling’
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and here R. Judah does not dispute? — Abaye said: Since the Master said that this chapter contains [texts] implying an exception from a preceding implication, and [texts] independent of preceding or following implications he surely disputes. And the clean person shall sprinkle upon the unclean; ‘clean’ implies that he was unclean before, that informs us that a tebul-yom is qualified [to officiate] at the heifer [ceremony]. R. Assi said: When R. Johanan and Resh Lakish engaged in investigating questions about the heifer, they were unable to produce more than what a fox can bring up from a ploughed field, but they said this chapter contains [texts] implying an exception from a preceding implication, and [texts] independent of preceding or following implications. A tanna recited before R. Johanan: All the slaughterings may be performed by a lay Israelite with the exception of that of the [red] heifer. R. Johanan said to him: Go out and teach it in the street! We do not find that slaughtering is disqualified [if performed] by a lay Israelite. Nor would R. Johanan not listen only to a tanna [in this matter] he would not even listen to his own master, for, whereas R. Johanan said in the name of R. Simeon b. Jehozadak: The slaughtering of the heifer by a lay Israelite is invalid [he added]: But I say, it is valid, for we do not find that slaughtering [of sacrifices] by a lay Israelite is invalid. HE CAME TO HIS SECOND BULLOCK: Why is it that in the first confession he does not say ‘And the children of Aaron, Thy holy people’ and in the second confession he mentions: ‘The children of Aaron, Thy holy people’? — The school of R. Ishmael taught: Common sense dictates this: It is better that one innocent obtain atonement for the guilty, than that one guilty obtain atonement for the guilty. MISHNAH. HE KILLED IT [THE BULLOCK] AND RECEIVED ITS BLOOD IN A BOWL. AND HE GAVE IT TO THE ONE WHO SHOULD STIR IT UP ON THE FOURTH TERRACE WITHIN THE SANCTUARY LEST IT CONGEAL. HE TOOK THE COAL-PAN AND WENT UP TO THE TOP OF THE ALTAR, CLEARING THE COALS TO BOTH SIDES, TOOK A PANFUL OF THE GLOWING CINDERS FROM BELOW, CAME DOWN AND PLACED THE COAL-PAN ON THE FOURTH TERRACE IN THE TEMPLE COURT. ON OTHER DAYS HE WOULD TAKE OUT [THE CINDERS] WITH A SILVER COAL-PAN, AND EMPTY IT INTO ONE OF GOLD, BUT THIS DAY HE TOOK THEM OUT WITH A GOLDEN [COAL-PAN] IN WHICH HE WAS TO BRING THEM. IN [THE INNER SANCTUARY] ON OTHER DAYS HE WOULD TAKE THEM UP WITH A COAL-PAN CONTAINING FOUR KABS, AND EMPTY IT INTO ONE CONTAINING THREE KABS, THIS DAY HE TOOK THEM OUT WITH ONE CONTAINING THREE KABS, IN WHICH HE BRINGS OUGHT [THE CINDERS] IN, TOO. R. JOSE SAID: ON OTHER DAYS HE WOULD TAKE THEM OUT WITH ONE CONTAINING ONE SE'AH, AND EMPTY IT INTO ONE CONTAINING THREE KABS, THIS DAY HE TOOK THEM OUT WITH ONE CONTAINING THREE KABS, IN WHICH HE ALSO BRINGS IN [THE CINDERS]. ON OTHER DAYS THE PAN WAS HEAVY, TODAY IT WAS LIGHT. ON OTHER DAYS ITS HANDLE WAS SHORT, TODAY IT WAS LONG. ON OTHER DAYS IT WAS OF YELLOWISH GOLD, TODAY OF RED GOLD. THIS IS THE STATEMENT OF R. MENAHEM. ON OTHER DAYS HE WOULD OFFER HALF A MINA [OF INCENSE] IN THE MORNING AND HALF A MINA IN THE AFTERNOON, TODAY HE ADDS ALSO HIS TWO HANDS FULL. EVERY DAY IT WAS FINE, BUT TODAY THE FINEST POSSIBLE. ON OTHER DAYS THE PRIESTS WOULD GO UP ON THE EAST SIDE OF THE RAMP AND COME DOWN ON THE WEST SIDE, TODAY THE HIGH PRIEST GOES UP IN THE MIDDLE AND COMES DOWN IN THE MIDDLE. R. JUDAH SAYS: THE HIGH PRIEST ALWAYS GOES UP IN THE MIDDLE AND COMES DOWN IN THE MIDDLE. ON OTHER DAYS THE HIGH PRIEST SANCTIFIED HIS HANDS AND FEET FROM THE LAVER, THIS DAY FROM A GOLDEN LADLE. R. JUDAH SAYS: THE HIGH PRIEST ALWAYS SANCTIFIES HIS HANDS AND FEET FROM A GOLDEN LADLE. ON OTHER DAYS THERE WERE FOUR WOOD-PILES THERE, TODAY FIVE, THUS SAYS R. MEIR. R. JOSE SAYS: ON OTHER DAYS THREE, TODAY FOUR. R. JUDAH SAYS: ON OTHER DAYS TWO, TODAY THREE. GEMARA. But it is written: And there shall be no man in the tent of meeting? R. Judah said: Read: Of the Hekal. Our Rabbis taught: ‘And there shall be no man in the tent of meeting’22
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