Moed Katan

When R. Dimi came [from Palestine] he said [the discussion went on]: Possibly, you might say that the offender be flogged [even] for the ‘extension’? But the teaching was concluded1 to prove that he was exempt. But [said he], I know not which was the teaching, nor what was [actually] meant by ‘extension’. R. Eleazar [b. Pedath] said that the ‘extension’ had reference to [the inclusion of] ‘ploughing’ [as a punishable offence], and the argument proceeded thus: Possibly [you might say] that he should be flogged for ‘ploughing’ [in the sabbatical year], the rule being inferred by [treating the sabbatical ordinance as a case of] General-Particular-General; then the teaching was concluded to prove exemption. For, if it [the flogging] were correct, what is the [legal] import of all those particulars [set out in the text]? R. Johanan said [that the ‘extension’ had reference to] the extra days [of restriction] which the sages had added prior to New Year; and the argument proceeded thus: Possibly [you might say] that he should be flogged for [ploughing during] the extended extra period prior to New Year which is based on the text: ‘In ploughing time and in reaping time thou shalt rest.2 Then the teaching was concluded to prove exemption [from a flogging], as we shall seek to explain presently. What is meant by ‘the days [of restriction] prior to New Year’? — According to what we learned: ‘Up to what date may ploughing be done in a tree field [orchard] in the pre-sabbatical year? Beth Shammai say, As long as it is for the benefit of the fruit; Beth Hillel say, Up to the Feast of Weeks; and the [practical effect of] one ruling is much the same as that of the other.3 And up to what date may they plough a "white field"4 in the pre-sabbatical year? Up to when the moisture gives out and as long as people till for planting their cucumber and gourd beds. Said R. Simeon, If that is so, you have handed over the Torah for every individual to determine for himself the right time! No: [I say], a "white field" [they may till] up to Passover and a tree field up to the Feast of Weeks’.5 (And Beth Hillel say up to Passover.)6 And7 R. Simeon b. Pazzi reported in the name of R. Joshua b. Levi who had it from Bar Kappara that Rabban Gamaliel and his Beth din took a vote on these two [terminal] periods8 and abrogated them. Said R. Zera to R. Abbahu, some say, Resh Lakish said to R. Johanan: How could Rabban Gamaliel and his Beth din abrogate a measure instituted by Beth Shammai and Beth Hillel? Surely we learned: ‘No Beth din has power to nullify the words [ruling] of another Beth din unless it be superior to it in learning and number’!9 ‘He was astonished for a while’;10 then he replied: I say, they thus have stipulated among themselves that whoever might thereafter wish to abrogate that [measure] could come and abrogate it.11 But was it their measure? Was it not an [ancient] halachah of Moses from Sinai?12 As [in fact] R. Assi reported R. Johanan to have said in the name of R. Nehuniah13 a man hailing from the valley of Beth Hauran,14 that the [laws of] ‘Ten Saplings,’15 the ‘Willow’16 and the ‘Water Libation’17 were ‘halachah’ of Moses from Sinai! — Said R. Isaac, When we received on tradition that law [of extra restriction] as [an ancient] halachah, It was only in reference to ‘thirty days prior to the New Year’; thereafter came those [of Beth Shammai and Hillel] and instituted [the cessation] from Passover18 and the Feast of Weeks,19 and [at the same time] they stipulated with reference to their [measure] that whoever might [thereafter] wish to abrogate [them] might come and abrogate them.20 But were these [termini] merely halachah [-usages]? Were they not [based on Biblical] texts? For is it not taught: [Six days thou shalt work, but on the seventh day thou shalt rest]: in ploughing time and in reaping time thou shalt rest.21 Says R. Akiba,22 There is no need to be told [in the second clause] to desist from ploughing or reaping in the seventh year, since it is already stated [elsewhere at length]: thou shalt neither sow thy field nor prune thy vineyard: [that which groweth of itself thou shalt not reap].23 [It can be taken] only [to debar] ploughing in the pre-sabbatical year necessary to stop tillage before that date; when, and where, did it originate? On what authority? These are the points to be discussed now at length. shadow. New Year (Tishri). 7; Yad. Malachi No. 663 and W. Bacher's Tradition und Tradenten etc. (1914) p. 33ff. Herod established there a protectorate under Zamaris, a Babylonian Jew who offered military safety to the Babylonian pilgrims on their way to Jerusalem. V. Josephus, Antiquities XVII, 11, 1-2. their benefit, down to the edge of the sabbatical year which began with New Year's day, the first of Tishri. This implies that with old trees tilling must cease before New Year. fixed at the side of the altar. On the seventh day the circuit was made seven times. V. Suk. 45a, where Abbahu suggests a Biblical indication, Ps. CXVIII, 27. filled with water from Siloam, was brought amidst trumpet blasts to the Temple and poured on the altar by the High Priest. Gamaliel and his Beth din abrogated. Cf. J. Sheb. I, 5. connection between the sabbath-day and the sabbath-year.