Moed Katan

he was referring only to a newly emerging spring since it may come along tearing up [the soil]; but a spring that is not just newly emerging and which is unlikely to come along tearing up [the soil] he might allow even for a Baal-plot?1 If [you take it] thus, then whom does our Mishnah represent?2 The fact is that according to R. Judah it makes no difference, whether it be a newly emerging spring, or a spring not just newly emerging; in either case a languid plot may be watered [therefrom], but a Baal-plot may not be. And the reason why it states the ‘newly emerging’ spring3 is [merely] to show how far R. Meir is prepared to go, [namely], that even a newly emerging spring may be used for watering and even for a Baal-field! It was stated: ‘If one is [seen] weeding or watering his seedlings on the Sabbath,4 under what category [of the offence] should he be cautioned?5 — Rabbah said, [It comes] under the category of ploughing. R. Joseph said, under the category of sowing. Said Rabbah, My view seems the more reasonable, for what is the object of the plougher? To loosen the soil; here too, he loosens the soil. Said R. Joseph, My view seems the more reasonable, for what is the object of the sower? To promote the growth of the produce; here too, he promotes the growth of the produce. Said Abaye to Rabbah, Your view presents difficulty and R. Joseph's view presents difficulty. Your view presents difficulty, for does the act come [only] under the category of ploughing [and] not under that of sowing [only]? R. Joseph's view presents difficulty, for does it come [only] under the category of sowing [and] not under that of ploughing also? And should you rejoin that where there are two [possible categories], the offender is liable only on one count, [this cannot be] for did not R. Kahana say that if one [incidentally] pruned [his tree] in cutting it for wood6 he is liable on two counts, one under the category of planting7 and one again under that of reaping?8 — This is a difficulty.9 R. Joseph, thereupon, put an objection to Rabbah from [the following]: One who weeds or covers [with earth] diverse-seeds10 receives [judicial] flogging. R. Akiba says, Also one who preserves [them].11 Now this is in perfect accord with my view, as I say that [he who weeds is to be cautioned] under the category of sowing, which [explains the penalty] because sowing is [explicitly] forbidden in connection with diverse-seeds; but according to your view who say that [he is to be cautioned] under the category of ploughing, is ploughing forbidden in connection with diverse-seeds? — Said he [Rabbah] to him, [He12 is flogged] under the category of preserving [them]. But surely, since the last clause states ‘R. Akiba says, Also one who preserves [them]’, may we not infer that according to the first Tanna the penalty is not on account of preserving [them]? — The entire statement is [to be taken as] recording R. Akiba's view, and the latter clause is explanatory: ‘On what ground does one who weeds or covers [with earth] diverse-seeds receive a flogging? Because he comes under the category of preserving, for R. Akiba says, Also he who preserves [them]’. What is R. Akiba's reason? — It is taught: — Thou shalt not sow thy field with two kinds of seed’.13 This tells me about ‘sowing’, whence [the prohibition against] preserving [what is already sown]? — From the instructive wording kil'ayim [diverse-seeds] in thy field not.14 We learned: An IRRIGATED FIELD MAY BE WATERED DURING THE FESTIVAL [WEEK] OR IN THE SABBATICAL YEAR. This [permission] is perfectly correct in regard to the festival [week] where [the prohibition is] merely to avoid exertion, but where loss is [threatened]15 the Rabbis have allowed it. But in regard to the sabbatical year, whether on the view that [watering] comes under the category of sowing16 or on the view that it comes under that of ploughing,17 is either sowing or ploughing permitted in the sabbatical year?18 — Said Abaye, Our Mishnah is speaking of the sabbatical year in the present time and it [expresses] the view held by Rabbi;19 for it is taught: Rabbi says, [It is written] And this is the manner of the release; release [by every creditor of that which he hath lent to his neighbour];20 the text speaks here of two forms of release, one the release of the soil [from tillage]21 and the other the release of money22 [the juxtaposition of] which tells us that so long as you must release the soil [from tillage], you must release the money [debt], but when you do not release the soil, you need not release the money!23 Said Raba [not necessarily], you may even say [it voices] the view of the Rabbis24 and that they25 are the principal [types of work] that the Divine Law has forbidden [explicitly], the view of R. Judah. Judah. witnesses against that particular act, and informed of the exact penalty it involved, before he could be judicially punished by a duly constituted tribunal. Ploughing, sowing and mowing are of the thirty-nine main categories of work forbidden (Scripturally) on Sabbath or Festivals. For the list v. Shab. VII, 2 and Shab. 73aff. If one did what he desired to do, without knowing that such a thing was not to be done on the Sabbath, or forgetting for the moment that it was the Sabbath day, he would not be punishable, but would have to bring a sin-offering in Temple times. authoritative to refute the views of Rabbah and R. Joseph. V. Tosaf. s.v. chhj.] XXII, 9). and Tosaf.). were two interlocked sentences, (i) tk lsa ohtkf i.e., ‘Kil'ayim in thy field not’, (which forbids the presence and the preservation of diverse-seed crops in the field); and (ii) ohtkf grz, tk lsa i.e., ‘Thy field thou shalt not sow kil'ayim’ (which forbids sowing). This explanation, however, is very strained, as the variations in the parallel passages show, having puzzled the commentators. The readings ohtkf tk k", and tk ohtkf k", are both correct and to the same effect. It is the import of the wording rather than the form of the text that R. Akiba stressed. It is the diverse mixing or crossing — ‘kil'ayim’ — that is emphatically forbidden, be it of animal, or field, or raiment (Lev. XIX, 19) and fiercest of all in the (oliveyard or) vineyard (Deut. XXII, 9). Have no share by your action in producing kil'aym! only indirectly, by implication from a positive law in Ex. XXIII, 11; XXXIV, 21. Note this point. Holy Land as his inheritance, the land laws relative to the sabbatical year and Jubilee re-distributions, which are made contingent on Israel's entry and possession (Lev. XXV, 2, 10ff; cf. ibid. XXVI, 34-35, and Deut. XXXI, 10-13) are of necessity in abeyance, for the time being. [This according to Rabbi, since the prohibition of tilling the soil on the sabbatical years nowadays is merely Rabbinical, it is not enforced where a loss is involved; hence the ruling of our Mishnah.]