Soncino English Talmud
Gittin
Daf 60b
the section dealing with the drinking of wine [by priests], the section of the lights [of the candlestick], and the section of the red heifer. R. Eleazar said: The greater portion of the Torah is contained in the written Law and only the smaller portion was transmitted orally, as it says, Though I wrote for him the major portion of [the precepts of] my law, they were counted a strange thing. R. Johanan. on the other hand, said that the greater part was transmitted orally and only the smaller part is contained in the written law, as it says, For by the mouth of these words. But what does he make of the words, 'Though I write for him the major portion of my law'? — This is a rhetorical question: Should I have written for him the major portion of my law? [Even now] is it not accounted a strange thing for him? And what does the other make of the words, 'For by the R. Judah b. Nahmani the public orator of R. Simeon b. Lakish discoursed as follows: It is written, Write thou these words, and it is written, For according to the mouth of these words. 'What are we to make of this? — It means: The words which are written thou art not at liberty to say by heart, and the words transmitted orally thou art not at liberty to recite from writing. A Tanna of the school of R. Ishmael taught: [It is written] These: these thou mayest write, but thou mayest not write halachoth.13 R. Johanan said: God made a covenant with Israel only for the sake of that which was transmitted orally, as it says, For by the mouth of these words I have made a covenant with thee and with Israel.14 AN 'ERUB SHOULD BE PLACED IN THE ROOM WHERE IT HAS ALWAYS BEEN PLACED, IN THE INTERESTS OF PEACE. 'What is the precise reason? Shall we say it is out of respect for the owner of the room? Then what of the shofar which at first was in the house of Rab Judah and later in that of Rabbah and then in the house of R. Joseph and then in the house of Abaye and finally in the house of Raba? — The real reason is, so as not to excite suspicion. THE PIT WHICH IS NEAREST THE HEAD OF THE WATERCOURSE. It has been stated: ['Where fields] adjoin a river, Rab says that the owners lower down have the right to draw off water first, while Samuel says that the owners higher up have the right to draw off water first. So long as the water is allowed to flow, both agree that no problem arises. Where they differ is on the question of damming for the purpose of watering. Samuel says that those above can draw off water first, for they can say 'We are nearer to the source', while Rab holds that those below can draw off first, for they can say 'The river should be allowed to take its natural course'. 'We have learnt: THE PIT WHICH IS NEAREST TO THE HEAD OF THE WATERCOURSE MAY BE FILLED FROM IT FIRST, IN THE INTERESTS OF PEACE! — Samuel explained this on behalf of Rab to refer to a watercourse which passes close to a man's pit. If so, what is the point of the remark? — You might think that the others can say to him, 'Close up the mouth of your pit so as to take in water only in due proportion'; we are therefore told [that this is not so]. R. Huna b. Tahalifa said: Seeing that the law has not been determined one way or the other, each must fend for himself. R. Shimi b. Ashi presented himself before Abaye with a request that he should give him lessons. He replied: I use my time for my own studies. Then, he said, would your honour teach me at night. He said: I have to do some irrigation. Said the other: I will irrigate for your honour by day, and do you teach me by night. Very well, he said. So he went to the people higher up and said to them: The people lower down have the right to draw water first. Then he went to those lower down and said, The people higher up have the right to draw water first. Meanwhile he had dammed the watercourse and irrigated Abaye's fields. 'When he presented himself before Abaye, the latter said to him: You have acted on my behalf according to two contradictory authorities; and Abaye would not taste of the produce of that year. Certain peasants in Be Harmah went and dug a trench from the upper waters of the canal Shanwatha and brought it round [their fields] to the lower waters. Those higher up came and complained to Abaye, saying, They are spoiling our river. He said to them: Deepen the bed a little [before it reaches them]. They said to him: If we do this, our trenches will be dry. He then said to the first set: Leave the river alone. [THE TAKING OF] BEASTS, BIRDS AND FISHES. If loose or close nets are used,
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