Pesachim

Now since he states, ‘and in the night he is as a thief,’ it follows that ‘or’ is day? — The meaning there is this: if the matter is as clear as light to you that he [the thief] comes [even] to take life, he is a murderer, and he [the victim] may be saved at the cost of his [the thief's] life; but if you are doubtful about it, like [the darkness of] the night, you must regard him [only] as a thief, and he [the victim] must not be saved at the cost of his life.1 An objection is raised: Let the stars of the twilight thereof be dark: let him look for light [or], but have none; neither let it behold the eyelids of the morning.2 Since he says, ‘let him look for light, but have none, it follows that ‘or’ is day? — There Job indeed curses his destiny3 and exclaims, Heaven grant that that man [sc. himself] look for light, but have none.4 An objection is raised: If I say, Surely the darkness shall overwhelm me, and the light [or] about me shall be night:5 this proves that ‘or’ is day?6 — There David said thus: I thought, surely darkness shall overwhelm me in the future world, which resembles day; but now, even this world, which resembles night,7 is light about me. An objection is raised: R. Judah said: We search [for leaven] in the evening [‘or’] of the fourteenth, in the morning of the fourteenth, and at the time of removal:8 Now since R. Judah says, ‘We search in the evening [‘or’] of the fourteenth and in the morning of the fourteenth,’ it follows that ‘or’ is evening. This proves it. An objection is raised: From when is work forbidden on the fourteenth [of Nisan]? R. Eliezer b. Jacob said: From the time of the ‘or’;9 R. Judah said: From the [first] sparklings of the [rising] sun. Said R. Eliezer b. Jacob to R. Judah: Where then do we find a day during part of which work is forbidden while during [the other] part it is permitted? He replied, Let that [day] itself prove [this possibility], for during part of it the eating of leaven is permitted, whereas during the other part it is forbidden.10 Now since R. Judah maintains, From the [first] sparklings of the [rising] sun, it follows that by ‘or’ R. Eliezer b. Jacob means evening? No; what does ‘or’ mean? The morning dawn. If so, when he says to him, ‘Where then do we find a day during part of which work is forbidden while during [the other] part it is permitted,’ let him answer himself: surely there is the night, which is permitted?11 — R. Eliezer b. Jacob argues thus: As for my view, it is well; we find that the Rabbis drew a distinction between night and day, for it was taught in respect of a public fast: Until when may one eat and drink? Until the commencement12 of dawn: this is R. Eliezer b. Jacob's view. R. Simeon maintained: Until cockcrow.13 But on your view: where do we find that the Rabbis drew a distinction in the day itself? [To which] he replied, Let that [day] itself prove it, for during part thereof the eating of leaven is permitted while during part thereof it is forbidden? R. Judah answers R. Eliezer rightly?14 R. Eliezer says thus to him: I speak to you of work, which is [prohibited] by the Rabbis, while you answer me about leaven [on the fourteenth day], which is [prohibited] by Scripture; thus far15 the Divine Law permits, and from then Scripture forbids. And the other?16 — The [additional] hours are Rabbinical.17 And the other? — The Rabbis [merely] erected a safeguard for a Scriptural law.18 An objection is raised: Bonfires are lit only for a new moon that is visible in its [due] time, in order to sanctify it.19 And when were the bonfires lit? on the evening [‘or’] following the intercalated day.20 This proves that ‘or’ is evening. This proves it. An objection is raised: If he [the priest] was standing all night and offering [the fats of sacrifices] on the altar, at daybreak [orah] he must wash his hands and feet:21 this is Rabbi's view?22 — Orah is [a] different [word]. Mar Zutra raised an objection: cf. Hertz, Genesis, Additional Note A, III, p. 57. the law is entirely Rabbinical, they would not apply it to part of the day only.