Chagigah

he becomes like [an ox] who gored an ox, an ass and a camel, and becomes [thereby] a mu'ad [forewarned gorer]1 in regard to all [animals]. R. Papa said: If R. Huna had heard of that which is taught: Who is [deemed] an imbecile? ‘One that destroys all that is given to him’; he would have retracted.2 The question was raised: When he would have retracted, would he have retracted only with regard to the [case of the] man who tore his garment, because it resembles this [case];3 or would he have retracted with regard to all of them?4 — It remains [undecided]. A PERSON OF UNKNOWN SEX [TUMTUM], A HERMAPHRODITE etc.: Our Rabbis taught: [The word] ‘males’5 [by itself] comes to exclude women;6 [the expression]. ‘thy males’, comes to exclude the tumtum and hermaphrodite; ‘all thy males’ comes to include minors. The Master said: [The word] ‘males’ comes to exclude women. But why do I need a verse for this? Consider: it is a positive precept dependent on a fixed time, and women are exempt from every positive precept dependent on a fixed time!7 — It is needed. You might say: We can make a deduction by forming an analogy between the expressions for appearing, from [the section] ‘Assemble’:8 just as there women are obligated. so here women are obligated; it therefore teaches us [that it is not so]. The Master said: [The expression]. ‘thy males’, comes to exclude a tumtum and a hermaphrodite. Granted that with regard to the hermaphrodite it is necessary [for Scripture to exclude him]. You might say that since he has a male aspect, he is obligated; it therefore teaches us that he is sui generis.9 But the tumtum is a dubious case;10 is a Biblical text required to exclude a dubious case?11 — Said Abaye: [It is required for the case] where his testicles are outside. 12 The Master said: [The expression], ‘all thy males’, comes to include minors. But we have learnt: EXCEPT AN IMBECILE AND A MINOR! — Said Abaye: There is no contradiction. The one case [speaks] of a minor who is old enough to be initiated,13 the other of a minor who is not old enough to be initiated. But a minor who is old enough to be initiated is obligated only by Rabbinic enactment!14 — Yes, it is so; and the Biblical text is merely a support.15 What then is the purpose of the Biblical text?16 — To intimate the teaching of ‘Others’.17 For it is taught: Others say: The scraper.18 the copper-smith19 and the tanner are exempt from appearing [at the Temple], for it is said: ‘All thy males’: he that is able to go up [on the pilgrimage] with all thy males. These, therefore, are excluded, because they are not fit20 to go up with all thy males. WOMEN AND UNFREED SLAVES etc.: Granted as regards women, as we have said;21 but as regards slaves, whence do we deduce [their exemption]? — Said R. Huna: Scripture says: before the Lord, God:22 [this means] one that has one Lord; this one,23 therefore, is excluded because he has another lord.24 But why do I need a Biblical intimation for this? Consider: every precept which is obligatory on a woman is obligatory on a slave; every precept which is not obligatory on a woman is not obligatory on a slave; for this is deduced by analogy from [the case of] the woman, through the double occurrence of [the expression] unto her.25 Said Rabina: It26 is needed only for [the exemption of] one that is half a slave and half a freedman!27 This can also be proven; for [the Mishnah] speaks of WOMEN AND UNFREED SLAVES. What is meant by unfreed? Should I say that it means entirely unfreed, then it should simply say, ‘Slaves’! Surely, therefore [it must mean] slaves that have not been completely freed. And who are such? Those that are half slaves and half freedmen. Proven. THE LAME, THE BLIND, THE SICK, THE AGED: Our Rabbis taught: ‘Regalim’ [on foot]:28 this excludes people with wooden legs. Another interpretation:29 Regalim: this excludes the lame, the sick, the blind, the aged, and one that cannot go up on foot. ‘And one that cannot go up on foot’: What does this come to include? — Said Raba: It comes to include three successive injuries (V. Ex. XXI, 36). delicate consideration for their physical nature; cf. also Kid. 29a and 34af. tumtum may be a female and quite exempt from appearing at the Temple. Tosaf. a.l., and Maharsha. therefore prevents this conclusion. against Rabban Simon b. Gamaliel; v. Hor. 13b. Rashi ibid., for steeping clothes prior to laundering, and according to Rashi here, for preparing cordwain); (b) a tanner on a small scale, in contr. to hxruc a tanner on a large scale. master is compelled to free the half slave, who is then bound to appear at the Temple. from ohngp in Ex. XXIII, 17; cf. p. 7. n. 12.