Babylonian Talmud: Tractate Nedarim

Folio 31a

MISHNAH. HE WHO VOWS [NOT TO BENEFIT] FROM THOSE WHO REST ON THE SABBATH, IS FORBIDDEN [TO BENEFIT] BOTH FROM ISRAELITES AND CUTHEANS.¹  IF HE VOWS [NOT TO BENEFIT] FROM GARLIC EATERS, HE MAY NOT BENEFIT FROM ISRAELITES AND CUTHEANS;²  FROM THOSE WHO GO UP³  TO JERUSALEM, HE IS FORBIDDEN [TO BENEFIT] FROM ISRAELITES BUT FROM CUTHEANS HE IS PERMITTED.⁴

GEMARA. What is meant by 'THOSE WHO REST ON THE SABBATH'? Shall we say, 'those who observe the Sabbath,' why particularly Cutheans: even heathens [if they observe the Sabbath] too? Hence It must mean 'those who are commanded to observe the Sabbath.'' If so, consider the last clause: FROM THOSE WHO GO UP TO JERUSALEM, HE IS FORBIDDEN [TO BENEFIT] FROM ISRAELITES BUT FROM CUTHEANS HE IS PERMITTED. But why so: are they not commanded too?⁵  — Sand Abaye: In both clauses the reference is to those who are commanded and fulfil [their obligations]. Hence, in the first clause, both Israelites and Cutheans are commanded and observe [the Sabbath]; but those heathens who rest on the Sabbath do so without being obliged to. As for making pilgrimages to Jerusalem, Jews are commanded and observe it; but Cutheans, though commanded, do not.

MISHNAH. [IF ONE SAYS,] 'KONAM THAT I DO NOT BENEFIT FROM THE CHILDREN OF NOAH,' HE MAY BENEFIT FROM ISRAELITES, BUT NOT FROM HEATHENS.

GEMARA. But are then Israelites excluded from the children of Noah? — Since Abraham was sanctified, they are called by his name.⁶

MISHNAH. [IF ONE SAYS, 'KONAM] THAT I DO NOT BENEFIT FROM THE SEED OF ABRAHAM,' HE IS FORBIDDEN [TO BENEFIT] FROM ISRAELITES, BUT PERMITTED [TO BENEFIT] FROM HEATHENS.

GEMARA. But there is Ishmael?⁷  — It is written, for in Isaac shall thy seed be called.⁸  But there is Esau? — 'In Isaac',⁹  but not all [the descendants of] Isaac.

MISHNAH. [IF ONE SAYS, 'KONAM] THAT I DO NOT BENEFIT FROM ISRAELITES', HE MUST BUY THINGS FROM THEM FOR MORE [THAN THEIR WORTH] AND SELL THEM FOR LESS.¹⁰  [IF HE SAYS, 'KONAM] IF ISRAELITES BENEFIT FROM ME, HE MUST BUY FROM THEM FOR LESS AND SELL FOR MORE [THAN THEIR WORTH], BUT NONE NEED CONSENT TO THIS.¹¹  THAT I MAY NOT BENEFIT FROM THEM, NOR THEY FROM ME, HE MAY BENEFIT ONLY FROM HEATHENS.¹²

GEMARA. Samuel said: If one takes an article from an artisan¹³  on approval, and whilst in his possession it is accidentally damaged, he is liable for it. Hence we see that in his view the benefit is on the side of the buyer.¹⁴  We learnt: [IF ONE SAYS, 'KONAM] THAT I DO NOT BENEFIT FROM ISRAELITES,' HE MUST … SELL THEM FOR LESS. Hence he may not sell at its actual worth: but if the purchaser benefits [not the vendor], why not sell at its actual worth? — The Mishnah refers to an unsaleable article.¹⁵  If so, consider the first statement: HE MUST BUY FOR MORE THAN THEIR WORTH.¹⁶  Moreover, consider the second clause: [IF HE SAYS, 'KONAM] IF ISRAELITES BENEFIT FROM ME,' HE MUST BUY FROM THEM FOR LESS AND SELL FOR MORE THAN THEIR WORTH. But if this refers to unsaleable merchandise, even [to sell] at its actual worth [should be permitted]?¹⁷  — The second clause refers to 'keen' merchandise.¹⁸  If so, why must he purchase at a lesser [price]; he may even pay the full value?¹⁹  —

1. Lit., 'men of Cuth or Cuthah'; this was one of the five cities from which Sargon, King of Assyria, brought settlers for the depopulated Northern Palestine, after it had been conquered and its inhabitants deported (II Kings XVII, 24, 30). During the period of its depopulation the land had become overrun by lions, who now attacked the settlers; they took this as a sign of the wrath of the local deity, and so, after instruction, they became Jews, though continuing some of their heathen practices. The religious status of the Cutheans (also called Samaritans) was of rather a vacillating nature. The Cutheans observed the Sabbath.
2. It was customary for these to eat garlic on Friday evenings. B.K. 82a.
3. For the three Festivals v. Deut. XVI, 16.
4. The Cutheans built a temple upon mount Gerizim, and though this was destroyed by John Hyrcanus, they continued to reverence the site and make pilgrimages thereto, instead of to Jerusalem.
5. Since they regarded themselves as true Jews and had formally become converts.
6. I.e., they are referred to as descendants ofabraham, not of Noah.
7. Hence his descendants, who are heathens, should be included in the vow.
8. Gen. XXI, 12.
9. I.e., only a portion of his descendants.
10. Because if he trades on ordinary terms, he is benefiting from them.
11. I.e., since others are not likely to trade on such terms, in practice he may not trade with them at all.
12. The point is this. One might think that since it is almost impossible for such a vow to be kept, it is by its very nature invalid; hence it is taught that its observance is not impossible, as he can fall back upon heathens.
13. Ran reads: from a tradesman.
14. Trustees are divided into various categories, according to their degrees of responsibility, depending upon the benefit they derive from their trust. Only one who borrows an article is liable for accidental damage, because all the benefit is on his side, the lender receiving nothing in return. Since Samuel rules that the prospective purchaser is liable for accidental damage, it is evident that he puts him in the same category as a borrower, who is the only one to derive benefit.
15. I.e., something for which there are no buyers. Hence the vendor benefits from the transaction, unless he sells below market price.
16. But if it is unsaleable, even if he pays no more than its market value, he is not benefiting.
17. Since the purchaser does not thereby benefit from him.
18. Goods in keen demand.
19. As the vendor does not benefit, since he can easily sell it to someone else.

It was taught in agreement with Samuel: If one takes articles from a tradesman [on approval] to send them [as a gift] to his father-in-law's house, and stipulates: 'if they are accepted, I will pay you their value, but if not, I will pay you for their goodwill benefit':²  if they were accidentally damaged on the outward journey, he is liable;³  if on their return journey, he is not liable, because he is regarded as a paid trustee.⁴

A middleman [once] took an ass⁵  to sell, but could not sell it. On his way back it was accidentally injured, [whereupon] R. Nahman held him liable to make it good. Raba objected: 'if they were damaged on the outward journey, he is liable; if on their return journey. he is not!' — Sand he to him: The return journey of a middleman counts as an outward journey, for if he finds a purchaser even at his doorstep, will he not sell [it] to him?

MISHNAH. [IF ONE SAYS,] 'KONAM THAT I DO NOT BENEFIT FROM THE UNCIRCUMCISED, HE MAY BENEFIT FROM UNCIRCUMCISED ISRAELITES BUT NOT FROM CIRCUMCISED HEATHENS; THAT I DO NOT BENEFIT FROM THE CIRCUMCISED,' HE IS FORBIDDEN TO BENEFIT FROM UNCIRCUMCISED ISRAELITES BUT NOT FROM CIRCUMCISED HEATHENS, BECAUSE 'UNCIRCUMCISED' IS A TERM APPLICABLE ONLY TO HEATHENS, AS IT IS WRITTEN, FOR ALL THE NATIONS ARE UNCIRCUMCISED AND ALL THE HOUSE OF ISRAEL ARE UNCIRCUMCISED IN THE HEART.⁶  AND IT IS FURTHER SAID, AND THIS UNCIRCUMCISED PHILISTINE SHALL BE [AS ONE OF THEM],⁷  AND IT IS FURTHER SAID, LEST THE DAUGHTERS OF THE PHILISTINES REJOICE, LEST THE DAUGHTERS OF THE UNCIRCUMCISED TRIUMPH.⁸  R. ELEAZAR B. 'AZARIAH SAID: THE FORESKIN IS LOATHSOME, SINCE IT IS A TERM OF OPPROBRIUM FOR THE WICKED, AS IT IS WRITTEN, FOR ALL THE NATIONS ARE UNCIRCUMCISED. R. ISHMAEL SAID, GREAT IS [THE PRECEPT] OF CIRCUMCISION, SINCE THIRTEEN COVENANTS WERE MADE THEREON.⁹  R. JOSE SAID, CIRCUMCISION IS A GREAT PRECEPT, FOR IT OVERRIDES [THE SEVERITY OF] THE SABBATH.¹⁰  R. JOSHUA B. KARHA SAID: GREAT IS [THE PRECEPT OF] CIRCUMCISION, FOR [NEGLECTING] WHICH MOSES DID NOT HAVE [HIS PUNISHMENT] SUSPENDED EVEN FOR A SINGLE HOUR.¹¹  R. NEHEMIAH SAID, GREAT IS [THE PRECEPT OF] CIRCUMCISION, SINCE IT SUPERSEDES THE LAWS OF LEPROSY.¹²  RABBI SAID, GREAT IS CIRCUMCISION, FOR [NOTWITHSTANDING] ALL THE PRECEPTS WHICH ABRAHAM FULFILLED HE WAS NOT DESIGNATED PERFECT UNTIL HE CIRCUMCISED HIMSELF, AS IT IS WRITTEN, WALK BEFORE ME, AND BE THOU PERFECT.¹³  ANOTHER EXPLANATION: GREAT IS CIRCUMCISION, SINCE BUT FOR THAT, THE HOLY ONE, BLESSED BE HE, WOULD NOT HAVE CREATED THE UNIVERSE, AS IT IS WRITTEN, BUT FOR MY COVENANT BY DAY AND NIGHT,¹⁴  I WOULD NOT HAVE APPOINTED THE ORDINANCES OF HEAVEN AND EARTH.¹⁵

GEMARA. It was taught: R. Joshua b. Karha said, Great is circumcision, for all the meritorious deeds performed by Moses our teacher did not stand him in stead when he displayed apathy towards circumcision, as it is written, and the Lord met him, and sought to kill him.¹⁶  R. Jose sand, God forbid that Moses should have been apathetic towards circumcision, but he reasoned thus: 'If I circumcise [my son] and [straightway] go forth [on my mission to Pharaoh], I will endanger his life, as it is written, and it came to pass on the third day, when they were sore.¹⁷  If I circumcise him, and tarry three days, — but the Holy One, blessed be He, has commanded: Go, return unto Egypt.¹⁸  Why then was Moses punished?

1. Which is neither a drag on the market nor in keen demand.
2. Which he would derive from his father-in-law's knowing that he wished to make him a present. Although only a matter of goodwill a monetary value could be set upon it.
3. This supports Samuel's ruling.
4. Who is not liable for accidental damage; this is because he has derived some benefit through having had it in his charge; but he cannot be considered as a simple borrower, the sole benefit being his, since this benefit has by now ceased, B.M. (Sonc. ed.) p. 460.
5. [H]. The word may also mean 'wine'.
6. Jet. IX, 25. Thus, though there may be some circumcised among the heathens, they are collectively termed 'uncircumcised'; similarly, when the Israelites are rebuked for their leanings to paganism, they are denounced as 'uncircumcised of heart'.
7. I Sam. XVII, 36, though he did not know whether Goliath was uncircumcised or not.
8. II Sam. I, 20.
9. In the passage dealing with God's command to Abraham to circumcise himself, the word 'covenant' occurs thirteen times. Gen. XVII.
10. Circumcision, though entailing work, is performed on the Sabbath.
11. This is discussed in the Gemara.
12. A leprous spot, such as a swelling etc., may not be cut off (Deut. XXIV, is so interpreted); but if it is on the foreskin, it may be removed together with it.
13. Gen. XVII, 1.
14. This is taken to refer to circumcision, which, as shown above, is frequently designated as such.
15. Jer. XXXIII, 25. This is the end of the Mishnah in our text, but other versions, including that of Ran and Tosaf., add the following: — Great is circumcision, for it counterbalances all other precepts put together, as it is written, behold the blood of the covenant, which the Lord hath made with you concerning all these words (Ex. XXIV, 8). All these words are understood to mean all God's precepts: and 'the blood of the covenant', though referring in its context to sacrifice, is applied to circumcision, on account of its frequent designation as covenant. Part of this reading is quoted in the Gemara as a Baraitha. — Weiss, Dor, II, 9. regards all these dicta as called forth by Christianity's abrogation of circumcision.
16. Ex. IV, 24.
17. Gen. XXXIV, 25. This refers to the inhabitants of the city of Shechem, who underwent circumcision. Moses considered it dangerous to take his son on a journey within the first three days of circumcision.
18. Ex. IV, 19, implying without delay.