Moed Katan

AND IMPAIRED WATER-WORKS1 IN THE PUBLIC DOMAIN MAY BE REPAIRED AND CLEANED OUT. [That is to say only] to repair, but not to be dug [afresh]. Said R. Jacob as reporting R. Johanan: This was taught only where there is no public need; but where there is public need2 for it even [fresh] digging is allowed. And where there is a public need is digging allowed? Surely it is taught: ‘Wells,3 ditches or caverns of a private person may be cleaned out, and needless to say, those of the public; but wells, ditches or caverns of the public may not be dug and still less those of a private person’.4 Does not that mean that [digging is not allowed] even where the public has need of it? — No, [only] where the public has no need of it. Then similarly the reference to a private person is where the private person has no need of it, but in that case is ‘cleaning out’ allowed? Surely it is taught: ‘Wells, ditches or caverns of a private person may have water run into them, but they may not be cleaned out, nor have their cracks plastered; but those of the public may be cleaned out and their cracks may be plastered’? — But what else [are we to say] but that the private person has need of it; in which case [the references to the public is similarly where the public has need of it? But where the public has need of it, is digging forbidden? Surely it is taught: ‘Wells, ditches or caverns of a private person may have water run into them or be cleaned out; but their cracks may not be plastered, nor may the scourings be put into them,5 nor may they be plastered with cement. But those of the public may be dug and plastered with cement’.6 But [if so], the first [Baraitha] is difficult. Explain it thus: ‘Wells, [ditches or caverns] of a private person [may be cleaned out]’ — providing he has need of them, ‘and needless to say those of the public’ — when the public has need of them, as then, even digging is allowed.7 ‘But wells, ditches or caverns of the public are not to be dug’ — when the public has no need of them, ‘still less, those of a private person’, as when a private person has no need of them, even cleaning out is not allowed. R. Ashi remarked: Our own Mishnah is also precisely worded [to the same effect] as it states AND ALL PUBLIC NEEDS MAY BE PERFORMED. What is the force of ALL? Is it not meant to include digging? — No; it is to include [other instances] such as are taught [in the following]: ‘They [Public Commissioners] go forth to clear the roads of thorns, to mend the broadways and [main] highways and to measure the [ritual] pools; and if any [ritual] pools be found short of forty [cubic] se'ahs of water8 they train a continuous flow into it [to ensure] forty se'ahs’. And whence do we know that if they did not go forth and attend to all these [public needs], then if any blood be shed there [through] this neglect [Scripture] lays [blame] on them, as if they themselves had shed it? From the instructive text, And so blood be upon thee.9 But surely [the Mishnah does] state these instances expressly: AND ROADS, BROADWAYS AND [RITUAL] WATER POOLS AND ALL PUBLIC NEEDS MAY BE PERFORMED! What else [then] may be included under this word ALL? Is it not digging [afresh if required by the public]? This proves it. AND GRAVESIDES MAY BE MARKED. R. Simeon b. Pazzi said: Where is an indication in the Torah that gravesides should be marked? In the instructive text: [And when they pass through . . . the land] and one seeth a man's bone then shall he set up a sign by it.10 Said Rabina to R. Ashi, But who told us that11 before Ezekiel came? — [Said the other]: Accepting your view, with regard to the statement made by R. Hisda12 [namely]: This point we do not learn from the law of our Master Moses; we learn it from the words of [prophet] Ezekiel the son of Buzi: No alien, uncircumcised in heart and uncircumcised in flesh, shall enter into My Sanctuary.13 [We might equally ask], who had told us that before Ezekiel came and stated it? Only, that was first learnt by oral tradition and then Ezekiel came and gave us a textual basis for it; here too, it was first learnt as an oral tradition and then Ezekiel came and gave us a textual basis for it. R. Abbahu suggested that it may be derived from this [text]: And he shall cry, ‘Unclean! Unclean!’14 [That is], impurity cries out [to the passer-by] and tells him, ‘Keep off!’ And R. ‘Uzziel, the grandson of the elder R. ‘Uzziel said the same, [that] impurity cries out and tells him, ‘Keep off!’ But was this [text] intended for this lesson? It is required for what has been taught: And he shall cry ‘Unclean! Unclean!’; [this teaches that] one must needs make his distress known to many, that many pray for mercy on his behalf? — If that be so, let the text read ‘Unclean’ [but once]; why has it ‘Unclean’, ‘Unclean’ [twice over]? Infer [from it] the two points. Abaye said [that the rule15 may be derived] from here: And put not a stumbling-block before the blind.16 R. Papa said: And he will say, Cast ye up, cast ye up, clear the way.17 R. Hinena suggested, Take up the stumbling-block out of the way of My people.17 R. Joshua the son of R. Idi said: And thou shalt show them the way wherein they must walk.18 Mar Zutra said: And ye shall separate the Children of Israel from their uncleanness.19 R. Ashi said: And they shall have charge of My charge,20 [which implies], make safeguards to My charge. Rabina said: And to him who ordereth21 [we-sam] his way will I show the salvation of God.22 Said R. Joshua b. Levi, Whoever appraises [ha-sham] his ways [in this life]23 becomes privileged to behold the salvation of the Holy One, blessed be He, for it is said: ‘[And to him] who ordereth his way’.22 Read not [we-sam]24 who sets [his way], but [we-sham]25 who appraises the worth [of his way], him will I show the divine salvation. R. Jannai had a certain disciple who daily raised critical points [at his college]26 but refrained from raising any critical points at the periodic lectures of the Festival Sabbaths27 festival week. above. Baraitha which permits. completely. V. Mak., Sonc. ed. p. 13, n. 2. the Temple and celebrate the Passover (Num. IX, 6ff). Cf. Num. XVIII, 3,4,5.