Babylonian Talmud: Tractate Nedarim

Folio 56a

MISHNAH. ONE WHO VOWS [NOT TO BENEFIT] FROM A HOUSE IS PERMITTED THE UPPER STOREY:¹  THIS IS R. MEIR'S VIEW. BUT THE SAGES SAY: THE UPPER STOREY IS INCLUDED IN 'HOUSE'. HE WHO VOWS [NOT TO HAVE THE USE OF] THE UPPER STOREY IS PERMITTED [THE USE OF] THE HOUSE.

GEMARA. Which Tanna taught: [And I put a plague of leprosy] in a house [of the land of your possession]:²  this includes the side-chambers;³  'in a house', this includes the upper storey? — R. Hisda said, It is R. Meir's teaching. For if the Rabbis', why require 'in a house' to include the upper storey, since they say that an upper storey is an integral part of the house? Abaye said, it may agree even with the Rabbis, yet a verse is necessary. For you might think, [since] it is written, 'in a house of the land of your possession': that which is [directly] attached to the land⁴  is called 'house', but the upper storey, not being attached to the land, [is not called 'house']. With whom does the following dictum of R. Huna b. Hiyya in 'Ulla's name agree? Viz., [If one says,] I sell you a house⁵  within my house,' he can offer him an upper storey. Hence it is only because he says, 'I sell you a house within my house';⁶  but in the case of 'house' without definition he cannot offer him the upper storey. Shall we say, It agrees with R. Meir? — You may even say, It agrees with the Rabbis: by 'aliyyah, the best⁷  of his houses is meant.⁸

MISHNAH. ONE WHO VOWS [ABSTINANCE] FROM A BED IS PERMITTED DARGESH:⁹  THIS IS R. MEIR'S VIEW. BUT THE SAGES SAY: DARGESH IS INCLUDED IN 'BED'. IF HE VOWS [ABSTINENCE] FROM A DARGESH, HE IS ALLOWED [THE USE OF] A BED.

GEMARA. What is dargesh? — 'Ulla said: A bed reserved for the domestic genius.¹⁰  Said the Rabbis to 'Ulla: But we learnt, When he [sc. the High Priest] was given the mourner's meal,¹¹  all the people sat on the ground, whilst he reclined on the dargesh. Now, in normal times¹²  he does not sit upon it, yet on that day he does! Rabina demurred to this: Let it be analogous to meat and wine, of which at other times¹²  he partakes or not, as he pleases, whereas on that day we give them to him?¹³  But this is the difficulty. for it was taught: The dargesh was not lowered¹⁴  but stood up [on its legs]. Now if you say that it is the bed of the domestic genius, has it not been taught: He who lowers his bed, lowers not merely his own bed [as mourner], but all the beds of the house? — This is no difficulty:

1. These were quite distinct, often belonging to separate owners; cf. B.M. 116b.
2. Lev. XIV, 34.
3. [H], V. B.B. 61a. So curr edd. Ran and Wilna Gaon emend it to [H] painted walls, because side chambers are excluded in the Sifra from the laws of leprosy, and the teaching is that even these are subject to the laws of house leprosy. This is necessary, because leprosy in garments only applies to undyed materials. — Neg. XI, 3.
4. This soil.
5. [ [H] may mean either an apartment or a whole house, v. B.B. (Sonc. ed.) p. 247. n. 6.]
6. 'Apartment'.
7. [H] fr. [H], lit., 'the highest'.
8. I.e., the purchaser can demand the best of his houses, the phrase in Hebrew [H] denoting the superlative. But if he simply sold him a [H] he could give him an upper storey.
9. V. Gemara.
10. I.e., one not put to any use, but to bring good luck to the house.
11. The first meal eaten by mourners after the funeral was called the [H] meal of comfort or restoration, v. Sanh. 20a.
12. Lit., 'the whole year'.
13. [On the wine drunk at the house of the mourner, v. Keth. 8a. There is however no law stated anywhere else that meat had to form part of the mourner's meal of comfort. The only reference in Sem. XIV speaks merely of a local custom (cf. Tur Yoreh De'ah, 282). It should however be noted that the parallel passages (Sanh. 20a and M.K. 57a) read: 'Let it be analogous to eating and drinking', and this is also the reading of MS.M. here.]
14. As is the rule with all other stools and beds in a house of mourning.

An objection is raised: From when are wooden articles ready to receive uncleanliness?⁷  A mittah and a cradle from when they are smoothed [by being rubbed] with fish skin.⁸  Now if the mittah has its strapwork drawn up on top, why must it be smoothed with fish skin?⁹  But both [the mittah and the dargesh] have their strappings drawn inside: a mittah has its straps drawn in and on through slits [in the boards]; those of a dargesh go in and on through loops.

R. Jacob b. Aha said in Rabbi's name: A mittah whose poles¹⁰  protrude [downwards]¹¹  is set up [on its side], and that is sufficient.¹²  R. Jacob b. Idi said in R. Joshua b. Levi's name: The halachah is as R. Simeon b. Gamaliel.¹³

MISHNAH. ONE WHO VOWS [NOT TO BENEFIT] FROM A TOWN, MAY ENTER THE TOWN TEHUM:¹⁴  BUT MAY NOT ENTER ITS OUTSKIRTS.¹⁵  BUT ONE WHO VOWS [ABSTINENCE] FROM A HOUSE, IS FORBIDDEN FROM THE DOOR-STOP¹⁶  AND WITHIN.

GEMARA. Whence do we know that the outskirts of a town are as the town itself? — R. Johanan said, Because it is written, and it came to pass, when Joshua was in Jericho etc.¹⁷  Now, what is meant by 'in Jericho'? Shall we say, actually in Jericho: but is it not written. Now Jericho was straitly shut up because of the children of Israel?¹⁸  Hence it must mean in its outskirts.¹⁹  Then say that it means even in the tehum?²⁰  — But with respect to the tehum it is written, And ye shall measure without the city [in the east side two thousand cubits etc.].²¹

BUT ONE WHO VOWS [ABSTINENCE] FROM A HOUSE IS FORBIDDEN FROM THE DOOR-STOP AND WITHIN. But not from the door-stop and without.²²  R. Mari objected: Then the priest shall go out of the house;²³  I might think that he goes home and then has it probably of the width. To these a cross-piece was attached, the whole forming a frame over which a net or curtain was slung. shut up; therefore it is taught, to the door of the house.²⁴  If [I had only to go by] 'to the door of the house,' I might think that he stands under the lintel and closes it; therefore, it is written, ['Then the priest shall go] out of the house', implying that he must go right out of it — How so? He must stand at the side of the lintel and close it. Yet how do we know that if he goes home and has it closed, or stands under the lintel and shuts it, that it is validly shut? From the verse, And shut up the house,²⁵  implying no matter how it be done.²⁶  — In the case of the [leprous] house it is different, because it is written 'out of the house', implying that he must go right out of the house.

1. [H], lit., 'bed'; this trestle must have been similar in shape to a bed.
2. This too refers to a house of mourning.
3. From Palestine.
4. The Palestinian.
5. Its strapping consisted of leather instead of ropes. Not being supported by long legs it stood very low. For this reason it is disputed in the Mishnah whether it is included in bed or not, and also whether it needs lowering during mourning. v. Sanh. (Sonc. ed.) p. 107, n. 1.
6. The straps are attached on the inside through slits in the frame.
7. An article cannot become unclean unless it is completely finished for rise.
8. To polish the surface, v. Kel. XXI, 1.
9. By the mittah the bedstead itself, i.e., the framework, is understood. If this framework is always overlaid with straps; why need it he smoothed at all?
10. [H], two poles fixed at the head and foot of the bedstead, in the centre
11. I.e., below the level of the bedding to the space underneath.
12. The reference is to a house of mourning. Such a bed, if actually lowered, may appear to he standing in its usual position, since then the poles protrude upwards.
13. That the thongs of a dargesh must be untied in a house of mourning.
14. A distance of two thousand cubits right round the town boundaries.
15. 70 2/3 cubits from the town borders. The two thousand cubits which is the permitted journey outside the town on the Sabbath, are calculated from the outer edge of these 70 2/3 cubits, v. 'Er. 52b.
16. The moulding of the door frame against which the door shuts.
17. Josh. V, 13.
18. Ibid. VI, 1.
19. Which are referred to as the town itself.
20. Perhaps Joshua was stationed within the tehum of Jericho which is spoken of as 'in Jericho'.
21. Num. XXXV. 5.
22. I.e., the steps or threshold up to the doorstep are permitted.
23. Lev. XIV, 38. The priest, after inspecting the leprous house for the first time, was to go out and have it sealed up for a week.
24. Lev. XIV, 38.
25. Ibid.
26. Now, when one is outside the lintel, he is also, of course, outside the door-stop: yet he is not regarded here as being right out of the house, thus contradicting the implication of the Mishnah that without the door-stop is not part of the house.