Beitzah

[on condition] that I shave with the second tithe money?1 He replied to him: He is under a vow, but he cannot discharge [his hagigah obligation therewith]: he is a Nazirite, but he cannot shave [as he stipulated].2 A certain man declared,3 Give four hundred zuz to So-and-so and let him marry my daughter. R. Papa said: The four hundred zuz he receives, and as for the daughter, if he wishes he may marry [her] [and] if he wishes he need not marry [her].4 The reason is because he said: ‘Give him and he shall marry;5 but if he had said, ‘Let him marry and give him’, [then] if he marries her, he receives [the money]; but if he does not marry [her], he does not receive [it]. Meremar was sitting and stated this ruling6 in his own name. Said Rabina to Meremar: You are teaching this thus,7 [but] we teach it as a question directed by Resh Lakish to R. Johanan. A tanna recited before R. Isaac b. Abba: ‘And he presented the burnt-offering; and offered it according to the ordinance’,8 [i.e.,] according to the ordinance of a freewill burnt-offering;9 this teaches that the obligatory burnt-offering requires laying on of hands.10 Said he to him: He who told you this did so in accordance with Beth Shammai11 who do not learn obligatory peace-offerings from freewill peace-offerings;12 for it is according to Beth Hillel, since they learn obligatory peace-offerings from freewill peace-offerings, the obligatory burnt-offering too does not require a Scripture text, for they infer it from the freewill burnt-offering.13 But whence do you know that Beth Hillel14 learn obligatory peace-offerings from freewill peace-offerings; perhaps they learn it from the obligatory burnt-offering,15 while the obligatory burnt-offering itself requires a Scripture text?16 — Why [would you say that] they do not infer it from freewill peace-offerings: because they are frequent?17 Then they could not infer it from an obligatory burnt-offering either, since it is wholly consumed!18 — It is inferred from both of them.19 But does Beth Shammai maintain that obligatory peace-offerings do not require the laying on of hands. Surely it was taught: R. Joseph said: Beth Shammai and Beth Hillel do not differ about the laying on of hands itself, [both agreeing] that it is necessary;20 they dispute only whether the [act of] slaughtering must immediately follow the laying on of hands, when Beth Shammai hold: It is not necessary,21 and Beth Hillel maintain: It is necessary! — He22 teaches according to the following Tanna. For it was taught: R. Jose son of R. Judah said: Beth Shammai and Beth Hillel do not differ that the slaughtering must immediately follow the laying on of hands, they dispute only about the laying on of hands itself,23 Beth Shammai ruling: It is not necessary, while Beth Hillel maintain: It is necessary. Our Rabbis taught: It once happened that Hillel the Elder brought his burnt-offering into the Temple Court on a Festival for the purpose of laying hands thereon. The disciples of Shammai the Elder gathered around him and asked: What is the nature of this animal? He replied to them: It is a female24 and I brought it as a peace-offering. [Thereupon] he swung its tail for them25 and they went away. On that day Beth Shammai got the upper hand over Beth Hillel26 and wished to fix the halachah according to their ruling.27 But an old man of the disciples of Shammai the Elder was there named Baba b. Buta, who knew that the halachah is as Beth Hillel28 and he sent day of his consecration (v. Lev. IX, 2), and according to Tosaf. to the communal burnt-offering (v. Lev. IX, 15). that apply to a freewill burnt-offering apply to an obligatory burnt-offering. V. Lev. I, 3ff. (peace-offerings). Shammai will not infer obligatory burnt-offerings from freewill burnt-offerings; hence a special Scripture text is required that obligatory burnt-offerings require laying on of hands. V. Lev. III, 2. laying on of hands, so also an obligatory burnt-offering, since it is likewise a burnt-offering. This principle of exegesis is called Binyan Ab, v. Glos. Beth Shammai, however, does not admit this difference as there is no analogy between freewill burnt-offerings that can be brought at any time and obligatory burnt-offerings which are only brought at stated times. that the cited Baraitha can be in accord with Beth Hillel as well as Beth Shammai.] characteristic which is not found in the case of obligatory peace-offerings, reference can be made to the other where the same characteristic is lacking and yet the rule of laying on hands is not dependent on the presence of that characteristic. performed before the Festival and not on the Festival itself. true for the sake of peace.