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Babylonian Talmud: Tractate Horayoth
IF THE BULLOCK OF THE ANOINTED HIGH PRIEST AND THE BULLOCK OF THE CONGREGATION etc. Whence is this deduced? — From what our Rabbis taught: And he shall burn it ins he burnt the first bullock;1 what need was there to state, the first?2 In order to indicate that it3 must precede the bullock of the congregation in all its details.4
Our Rabbis taught: If the bullock of the anointed High Priest and the bullock of the congregation are simultaneously presented, the bullock of the anointed High Priest must precede the bullock of the congregation in all its details,4 forasmuch as the anointed High Priest effects the atonement and the congregation receives the atonement, it is reasonable that he who effects atonement shall take precedence over him who receives the atonement; and so it is also stated [in Scripture]. And have made atonement [i] for himself, and [ii] for his household, and [iii] for all the assembly of Israel.5
The bullock that is offered for a sin committed by the congregation through ignorance of a law is to precede the bullock for the sin of idolatry. What is the reason? — The one is a sin offering and the other6 is a burnt offering, and it was taught, 'What need was there for Scripture to state, And he shall offer that which is for the sin offering first?7 If merely in order to teach that the sin offering was to be the first, surely, it has already been stated, And he shall prepare the second for a burnt offering, according to the ordinance!8 Consequently it must be concluded that in this text there has been laid down the general principle9 that all sin offerings are to precede the burnt offerings that are presented together with them; and, there is an accepted tradition that even a sin offering consisting of a bird is to precede a burnt offering consisting of a beast.'
The bullock for idolatry is to precede the goat for idolatry. Why? The one surely, is a sin offering while the other is a burnt offering! — In the West10 it was explained in the name of Rabbah11 b. Mari: Because an Aleph is wanting in the Hattath12 for idolatry, the written form being le-Hatth.13 Raba replied: Because According to the ordinance14 was written concerning it.15
The goat for idolatry is to precede the goat of the ruler. What is the reason? — The one is for a congregation while the other is for an individual.
The he-goat of a ruler is to precede the she-goat of a private individual. What is the reason? — The one is for a sovereign; the other for a commoner.
The she-goat of an individual is to precede the ewe-lamb of an individual.16 But, surely, it was taught that the ewe-lamb of an individual must precede the she-goat of an individual! — Abaye replied: This is a matter of dispute between Tannaim. One Master holds the view that a she-goat is preferable since it has also the advantage of being the offering of an individual for the sin of idolatry, while the other Master is of the opinion that a ewe-lamb is preferable since it has the advantage of having its fat tail also offered on the altar.
The omer17 must precede the lamb that is brought together with it. The two loaves18 are to precede the lambs19 that are brought with them. This is the general rule: The offering which is due to the sanctity of20 the day is to precede the offering the presentation of which is due to20 the bread.21
MISHNAH. A MAN TAKES PRECEDENCE OVER A WOMAN IN MATTERS CONCERNING THE SAVING OF LIFE AND THE RESTORATION OF LOST PROPERTY, AND A WOMAN TAKES PRECEDENCE OVER A MAN IN RESPECT OF CLOTHING AND RANSOM FROM CAPTIVITY. WHEN BOTH ARE EXPOSED TO IMMORAL DEGRADATION IN THEIR CAPTIVITY THE MAN'S RANSOM22 TAKES PRECEDENCE OVER THAT OF THE WOMAN.
GEMARA. Our Rabbis taught: If a man and his father and his teacher were in captivity he takes precedence over23 his teacher and his teacher takes precedence over his father,24 while his mother takes precedence over all of them. A scholar takes precedence over a king of Israel, for if a scholar dies there is none to replace him25 while if a king of Israel dies, all Israel are eligible for kingship. A king takes precedence over a High Priest, for it is said, And the king said unto them: Take with you the servants of your lord etc.26 A High Priest takes precedence over a prophet, for it is said, And let Zadok the priest and Nathan the prophet anoint him there,27 Zadok being mentioned before Nathan; and furthermore it is stated, Hear now, O Joshua the High Priest, thou and thy fellows etc.;28 lest it be assumed that these were common people it was expressly stated, For they are men that are a sign,28 and the expression 'sign' cannot but refer to a prophet as it is stated, And he29 give thee a sign or a wonder.30 A High Priest anointed with the anointing oil takes precedence over one who is only dedicated by the additional garments. He who is dedicated by the additional garments takes precedence over an anointed High Priest who has retired from office owing to a mishap. An anointed High Priest who has retired from office on account of a mishap takes precedence over one who has retired on account of his blemish. He who has retired on account of his blemish takes precedence over him who was anointed for war purposes only. He who was anointed for war takes precedence over the Deputy High Priest.31 The Deputy High Priest takes precedence over the amarkal.32 What is amarkal? — R. Hisda replied: He who commands33 all. The amarkal takes precedence over the Temple treasurer. The Temple treasurer takes precedence over the chief of the watch.34 The chief of the guard takes precedence over the chief of the men of the daily watch.35 The chief of the daily watch takes precedence over an ordinary priest.
The question was raised: In respect of Levitical uncleanness,36 who takes precedence, the Deputy High Priest or the Priest anointed for War? — Mar Zutra the son of R. Nahman replied: Come and hear what has been taught: If a Deputy High Priest or a Priest anointed for War were going on their way and came upon a corpse the burial of which is obligatory upon them,37 it is better that the Priest anointed for War shall defile himself rather than the Deputy High Priest; for if the High Priest meet with some disqualification the Deputy High Priest steps in to perform the Temple service. Has it not been taught, however, that the Priest anointed for War takes precedence over the Deputy High Priest? — Rabina replied: That Baraitha deals with the question of saving life.38
MISHNAH. A PRIEST TAKES PRECEDENCE OVER A LEVITE, A LEVITE OVER AN ISRAELITE, AN ISRAELITE OVER A BASTARD, A BASTARD OVER A NATHIN,39 A NATHIN OVER A PROSELYTE, AND A PROSELYTE OVER AN EMANCIPATED SLAVE. THIS ORDER OF PRECEDENCE APPLIES ONLY WHEN40 ALL THESE WERE IN OTHER RESPECTS EQUAL. IF THE BASTARD, HOWEVER, WAS A SCHOLAR AND THE HIGH PRIEST AN IGNORAMUS,41 THE LEARNED BASTARD TAKES PRECEDENCE OVER THE IGNORANT HIGH PRIEST.
GEMARA. A PRIEST TAKES PRECEDENCE OVER A LEVITE for it is stated The sons of Amram: Aaron and Moses; and Aaron wins separated that he should be sanctified as most holy.42 A LEVITE takes precedence OVER AN ISRAELITE for it is stated, At that time the Lord separated the tribe of Levi etc.43 AN ISRAELITE takes precedence OVER A BASTARD for the one is of legitimate birth and the other is not. A BASTARD takes precedence OVER A NATHIN for the one comes from an eligible origin and the other from a non-eligible origin. A NATHIN takes precedence OVER A PROSELYTE for the one was brought up with us in holiness and the other was not brought up with us in holiness. A PROSELYTE takes precedence OVER AN EMANCIPATED SLAVE for the one was included in the curse44 and the other was not included in the curse.
THIS ORDER OF PRECEDENCE APPLIES ONLY WHEN ALL THESE WERE IN OTHER RESPECTS EQUAL etc. Whence is this deduced? — R. Aha son of R. Hanina replied: From Scripture which states, She45 is more precious than rubies,46 i.e., more precious than the High Priest who enters into the innermost47 sanctuary.
It was taught, R. Simeon b. Yohai said: It stands to reason that an emancipated slave should take precedence over a proselyte, for the one was brought up with us in holiness and the other was not; but the former was included in the curse44 while the latter was not.
R. Eleazar son of R. Zadok was asked by his disciples: Why
are all willing to marry a proselyte while not all are willing to marry an emancipated slave? He answered them: The one was included in the curse48 while the other was not. Another explanation is that the one is known to protect her chastity while the other is not.
R. Eleazar49 was asked by his disciples: Why does a dog know its owner while a cat does not? He answered them: If he who eats something of that from which a mouse has eaten loses his memory, how much more so the animal which eats the mouse itself!
Horayoth 13bR. Papa replied: They gnaw even at the handle of a hoe.
Our Rabbis taught: Five things make one forget one's studies: Eating1 something from which a mouse or a cat has eaten, eating1 the heart of a beast, frequent consumption2 of olives, drinking3 the remains of water that was used for washing, and washing4 one's feet one above the other. Others say: He also who puts his clothes under his head [forgets his studies].
Five things restore one's learning:5 Wheaten bread and much more so wheat6 itself, eating1 a roasted7 egg without salt, frequent consumption8 of olive oil, frequent indulgence in wine and spices, and the drinking3 of water that has remained from kneading. Others say: Dipping one's finger in salt and eating is also included.
'Frequent consumption of olive-oil'. This corroborates the view of R. Johanan who said: As the olive causes one to forget seventy years of study, so does olive oil restore seventy years of study.
'Frequent indulgence in wine and spices'. This corroborates the view of Raba who said: Wine and spices have made me wise.
'Dipping one's finger in salt' — Said Resh Lakish: One only. This is a matter of dispute between Tannaim: R. Judah said, one finger but not two; R. Jose said, two but not three. Your mnemonic9 is the third finger.10
Ten things adversely affect one's study: Passing11 under the bit of a camel and much more so under the camel itself, passing11 between two camels, passing between two women, the passing of a woman12 between two men, passing under the offensive odour of a carcass, passing under a bridge under which water has not flowed for forty days, eating bread that was insufficiently baked, eating meat out of a soup-ladle, drinking from a streamlet that runs through a graveyard, and looking into the face of a dead body. Others say: He who reads an inscription upon a grave is also [subject to the same disability].
Our Rabbis taught: When the Nasi13 enters, all the people rise and do not resume their seats until he requests them to sit. When the Ab-beth-din14 enters, one row rises on one side15 and another row on the other [and they remain standing] until he has sat down in his place. When the Hakam16 enters, every one [whom he passes] rises and sits down [as soon as he passed] until the Sage has sat down in his place. Sons of sages, and scholars may, if the public is in need of their services, tread upon the heads of the people.17 If one [of them] went out in his need to ease himself he may re-enter and sit down in his place.18 Sons of a scholar19 whose father holds
the office of Parnas20 may, if they possess the capability of understanding [the discourses], enter and sit down before their father with their backs to the people. When, however, they do not possess the capability of understanding [the discourses] they enter and sit down before their father with their faces towards the public. R. Eleazar son of R. Zadok said: In a festive gathering21 also they are treated as attachments [to their father].22
The Master said, 'If he went out in his need to ease himself he may re-enter and sit down in his place.' R. Papa said: This applies only23 to the minor [functions of the body] but not to the major [functions], since he should have examined himself before; for Rab Judah said: A man should always make a habit of easing himself early in the morning and late in the evening in order that there be no need for him to go far.24 Now,25 however, that everybody26 is weaker the same rule applies even to the larger functions.
'R. Eleazar son of R. Sadok said: At a festive gathering also they27 are treated as attachments [to their father].' Raba said: Only during the lifetime of their father and in the presence of their father.
R. Johanan said: That instruction28 was issued29 in the days of R. Simeon b. Gamaliel [II], when R. Simeon b. Gamaliel was the President, R. Meir the Hakam,30 and R. Nathan the Ab-beth-din.31 Whenever R. Simeon b. Gamaliel entered all the people stood up for him; when R. Meir and R. Nathan entered all the people stood up for them also. Said R. Simeon b. Gamaliel: Should there be no distinction between my [office] and theirs? And so he issued that ordinance.32
R. Meir and R. Nathan were not present on that day. Coming on the following day and seeing that the people did not rise for them as usual, they inquired as to what had happened.33 On being told that R. Simeon b. Gamaliel had issued that ordinance, R. Meir said to R. Nathan, 'I am the Hinkam and you are the Ab-beth-din, let us retaliate.34 Now, how are we to proceed against him? — Let us request him to discourse35 upon the tractate of 'Ukzin with which he is unfamiliar,36 and as he will be unable to discourse upon it37 we shall tell him: Who can express the mighty acts of the Lord; make all His praise to he heard;38 for whom is it becoming to express the mighty acts of the Lord? For him who can make all his praise to he heard. We shall then depose him and I shall become Ab-beth-din and you the Nasi.'
R. Jacob b. Korshai on hearing this conversation39 said, 'The matter might, God forbid, lead to [the Nasi's] disgrace.' So he went and sat down behind R. Simeon b. Gamaliel's study, expounding [the tractate of 'Uksin], and repeating it again and again. He40 said, 'What could this mean?41 Did anything, God forbid, happen at the college!' He concentrated his attention and familiarized himself with it.
On the following day when they said to him, 'Will the Master come and discourse on 'Uksin', he began and discoursed upon it. After he had finished he said to them, 'Had I not familiarized myself with it, you would have disgraced me!' He gave the order and they were removed from the college.
Thereupon they wrote down scholastic difficulties on slips of paper which they threw into the college.42 That which he43 solved was disposed of44 and as to those which he did not solve they wrote down the answers and threw them in. Said R. Jose to them:45 The Torah is without and we are within! Said R. Simeon b. Gamaliel to them:45 We shall re-admit them46 but impose upon them this penalty, that no traditional statement shall be reported in their names. [As a result] R. Meir was designated 'others', and R. Nathan 'some say'.
In their dreams they received a message to go and pacify47 R. Simeon b. Gamaliel. R. Nathan went; R. Meir did not, for he said: Dreams are of no consequence.48 When R. Nathan came,49 R. Simeon b. Gamaliel remarked to him: The honorable position50 of your father has indeed helped you to become Ab-beth-din; shall we therefore make you also Nasi? Rabbi taught his son R. Simeon: Others say that if it51 had been an exchanged beast
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