משנה: קָֽבְרוּ אֶת הַמֵּת וְחָֽזְרוּ אִם יְכוֹלִין לְהַתְחִיל וְלִגְמוֹר עַד שֶׁלֹּא יַגִּיעוּ לְשׁוּרָה יַתְחִילוּ וְאִם לָאו לֹא יַתְחִילוּ. הָעוֹמְדִין בְּשׁוּרָה הַפְּנִימִיִּין פְּטוּרִין וְהַחִיצוֹנִין חַייָבִין. MISHNAH: When they buried the deceased and returned, if they are able to start and finish before they form the row121Before the mourners leave for their home, the other participants of the funeral form two lines and the mourners pass in the row between them. While they pass, words of consolation are spoken to them. Today, that ceremony is performed in the cemetary so that the Mishnah becomes void. In talmudic times, the burial was in the cemetary far from the city, but the ceremony of the row took place at the entrance to the city. There may be a long enough walk from cemetary to town that the prescribed time for Shema‘ would pass. The words “start” and “finish” refer to the recitation of Shema‘. they should start, otherwise they should not start. Those who stand in the row, the innermost are exempt122Since the mourners can see and hear them, they are doing a good deed and cannot be distracted by other obligations. The “outer ones” are those who cannot be seen by the mourners. and the outer ones are obliged.
הלכה: תַּנִּי אֵין מוֹצִיאִין אֶת הַמֵּת סָמוּךְ לְקִרְיַת שְׁמַע אֶלָּא אִם כֵּן הִקְדִּימוּ שָׁעָה אַחַת. אוֹ אִם אִיחֲרוּ שָׁעָה אַחַת כְּדֵי שֶׁיִּקְרְאוּ וְיִתְפַּלְלוּ. וְהָא תַנִּינָן קָֽבְרוּ אֶת הַמֵּת וְחָֽזְרוּ. תִּיפְתָּר בְּאִילֵּין דַּהֲוִין סָֽבְרִין דְּאִית בֵּיהּ עֹנָה וְלֵית בֵּיהּ עֹנָה. HALAKHAH: 123The entire discussion of this Mishnah is repeated word by word in Yerushalmi Sanhedrin 2:2 (fol. 20a). It is stated: “One does not take the dead for burial close to the recitation of the Shema‘ unless one does it one hour in advance or one hour afterwards, so that they may recite and pray.” But did we not formulate: “When they buried the deceased and returned”124How can the situation dealt with in the Mishnah ever arise if the baraita is correct?? Explain it for those who thought that they have a free period125In the absence of reliable clocks. In the parallel in the Babli (Berakhot 19a), it is stated flatly that the restriction of the baraita does not apply to funerals of important persons. In the opinion of the Babli, the situation envisaged by the Mishnah can apply to previously planned funerals. but they did not have a free period.
תַּנִּי הַמְּהַסְפֵּד וְכָל הָעוֹסְקִין בָּהֶסְפֵּד מַפְסִיקִין לְקִרְיַת שְׁמַע וְאֵין מַפְסִיקִין לִתְפִילָּה. מַעְשֵׂה הָיָה וְהִפְסִיקוּ רִבּוֹתֵינוּ לְקִרְיַת שְׁמַע וְלִתְפִילָּה. וְהָא תַנִּינָן אִם יְכוֹלִין לְהַתְחִיל וְלִגְמוֹר. מַתְנִיתָא בְּיוֹם הָרִאשׁוֹן. וּמַה דְתַנִּי בְּיוֹם הַשֵּׁנִי. It is stated126Tosephta Berakhot 2:11. This Tosephta comes after the one dealing with the funeral (which will be quoted later in this Halakhah.) Hence, it clearly deals with a eulogy after the funeral. The text of the Tosephta follows that of the Genizah fragments; it is slightly corrupted in the Venice (and Leyden) texts that have ההספד instead of the unusual המהספד (the corresponding word in the Babli would be המספיד.) [A seemingly similar baraita in the Babli, Berakhot 19a, deals with a eulogy before burial and has nothing in common with the text given here.]: The eulogizer and all who participate in a eulogy interrupt for the recitation of Shema‘ and do not interrupt for prayer. It happened that our teachers interrupted for the recitation of Shema‘ and prayer. Did we not formulate: “If they are able to start and finish”? Our Mishnah speaks of the first day, what is stated for the second day.
אָמַר רִבִּי שְׁמוּאֵל בַּר אֶבְדּוּמָא זֶה שֶׁהוּא נִכְנַס לְבֵית הַכְּנֶסֶת וּמָֽצְאָן עוֹמְדִין וּמִתְפַּלְלִין. אִם יוֹדֵעַ הוּא מַתְחִיל וְגוֹמֵר עַד שֶׁלֹּא יַתְחִיל שְׁלִיחַ צִיבּוּר כְּדֵי לַעֲנוֹת אַחֲרָיו אָמֵן יִתְפַּלֵּל וְאִים לָאו אַל יִתְפַּלֵּל. בְּאֵי זֶה אָמֵן אָֽמְרוּ תְּרֵין אֲמוֹרָאִין חַד אָמַר בְּאָמֵן שֶׁל הָאֵל הַקָּדוֹשׁ. וְחַד אָמַר בְּאָמֵן שֶׁל שׁוֹמֵעַ תְּפִילָּה. אָמַר רִבִּי פִּינְחָס וְלֹא פְלִיגֵי. מַאן דָּמַר בְּאָמֵן שֶׁל הָאֵל הַקָּדוֹשׁ בְּשַׁבָּת. וּמַאן דָּמַר בְּאָמֵן שֶׁל שׁוֹמֵעַ תְּפִילָּה בְּחוֹל. Rebbi Samuel ben Eudaimon127An Amora of the fifth Galilean generation, student of Rebbi Mana. The paragraph added deals with the problem of whether to start or not; it is a kind of appendix to the first two paragraphs. After that digression, one will return to the discussion of the Mishnah. said: He who enters the synagogue and finds them standing and praying128The Amidah prayer., if he knows that he could start and finish before the reader starts, so that he may answer “Amen”, he may pray, otherwise he should not pray. About which “Amen” did they talk? Two Amoraïm, one says the Amen of “the holy King”129The third benediction of the Amidah. “He Who hears prayer” is the last of the middle benedictions of weekday prayers (15th in Israel, 16th in Babylonia). The statement refers to the old Galilean usage that Qedushah was recited only on special days; it probably was not recited in the Sabbath afternoon prayers and, hence, it is not mentioned that one should be able to respond to Qedushah. and the other says the Amen of “He Who listens to prayer”. Rebbi Phineas said, they do not disagree. He who said: the Amen of “the holy King”, on the Sabbath, and he who said: the Amen of “He Who listens to prayer” on weekdays.
תַּנִּי רִבִּי יוּדָה אוֹמֵר הָיוּ כוּלָּם בְּשׁוּרָה אַחַת הָעוֹמְדִין מִשּׁוּם כָּבוֹד חַייָבִין. מִשּׁוּם אֵבֶל פְּטוּרִין. יָֽרְדוּ לְסֶפֶד הָרוֹאִין פְּנִים פְּטוּרִין. וּשְׁאֵינָן רוֹאִין פְּנִים חַייָבִין. הֲוֵי הֲדָא דְתַנִּינָן הָעוֹמְדִין בַּשּׁוּרָה הַפְּנִימִיִּם פְּטוּרִין וְהַחִיצוֹנִים חַייָבִין מִשְׁנָה אַחֲרוֹנָה. הֲדָא דְתַנִּי הָעוֹמְדִין מִשּׁוּם כָּבוֹד חַייָבִין. מִשּׁוּם אֵבֶל פְּטוּרִין מִשְׁנָה רִאשׁוֹנָה. וְהַיי דְתַנִּינָן תַּמָּן וּכְשֶׁהוּא מְנַחֵם אֶת אֲחֵרִים דֶּרֶךְ כָּל־הָעָם זֶה אַחַר זֶה. וְהַמְמוּנֶּה מְמַצְּעוֹ בֵּינוֹ לְבֵין הָעָם מִשְׁנָה אַחֲרוֹנָה. ס״א ראשונה. אָמַר רִבִּי חֲנִינָא בָּרִאשׁוֹנָה הָיוּ מִשְׁפָּחוֹת עוֹמְדוֹת וַאֲבֵלִים עוֹבְרִין. מִשֶּׁרָבַת תַּחֲרוּת בְּצִיפּוֹרִין הִתְקִין רִבִּי יוֹסֵי בֶּן חֲלַפְתָּא שֶׁיְּהוּ הַמִּשְׁפָּחוֹת עוֹבְרוֹת וְהָאֲבֵלִים עוֹמְדִין. אָמַר רִבִּי שְׁמוּאֵל תּוֹסֶפְתָּא חָֽזְרוּ הַדְּבָרִים לְיוֹשְׁנָן. It is stated (Tosephta Berakhot 2:11): “Rebbi Judah says, if they all are standing in one row, those who are standing because of honor are obliged, those because of mourning are exempt130In the text of the Babli (Berakhot 19b), Rashi reads: “those who come because of themselves”, not “because of honor”, but most manuscripts and old authors have “because of honor”. Also, in the Babli only the second part of the Tosephta is attributed to Rebbi Yehudah. According to Rashi, only those are obliged to read the Shema‘ who come out of curiosity whereas according to most others those who come to honor the dead and his family but do not actively console are not exempt. The Babylonian Talmud makes no comment; we have to assume that it accepts the position of R. Samuel Tosephta.. When they descend for a eulogy, those who see inside are exempt, those who do not see inside are obliged131Since they cannot be seen by the mourners, the may recite the Shema‘ for themselves without offending anybody..” It would be that what we stated: “Those who stand in the row, the innermost are exempt and the outer ones are obliged” is the last teaching132The question is, what is the last teaching? We are informed that the original custom was that the mourners walk between two rows of participants who greet them with words of consolation. When competition grew in Sepphoris, it seems because people were jostling for the best positions (those who did not make it to the front rows could not be seen or heard by the mourners), Rebbi Yose decreed that the mourners should stay put and all others march by them to greet and console them. This is the case dealt with by Rebbi Judah, that there is only one row (moving, not standing). An otherwise unknown Rebbi Samuel declares that the innovation of Rebbi Jose did not stand the test of time and in his time the consolers stand and the mourners move. Rebbi Samuel’s opinion is the “last teaching”, Rebbi Yose’s “the first teaching”. In the first teaching, there are no people in outer rows, so the Mishnah automatically has to apply to the last teaching., and what is stated: “Those who are standing because of honor are obliged, those because of mourning are exempt”, is the first teaching133Since the entire Tosephta is Rebbi Judah’s, it speaks of the case where there is only one row. (This argument is not applicable to the text quoted in the Babli.). And what we have stated there (Mishnah Sanhedrin 2:2): “When he134The High Priest. When he goes out, he is accompanied by his executive officer; when he consoles mourners the executive goes first, the High Priest second, and everybody else in one orderly row after him. This is possible only in the scenario envisaged by Rebbi Yose; it is shown that the practice instituted by Rebbi Yose at Sepphoris (in the second half of the second century C. E.) is in effect an old Jerusalem practice from the time before the destruction of the Temple, as stated explicitly in Babli Sanhedrin19a, where it is noted that also under that system people quarrelled in Jerusalem. Here the copyist (or the editor) seems to have doubts whether to go with the definition of “first” and “last” as above or to call “first” the first practice reported by Rebbi Ḥanina and “last” the second one. Hence, there are two opinions about the attribution but the meaning is clear. If the uncertainty is the editor’s, then the note “Another opinion: the first” belongs to the text. If it is the scribe’s or some reader’s, then it is a gloss that has entered the text from the margin. For consistency, the hypothesis of a gloss is preferable. consoles others, all the people stand one behind the other and the executive officer becomes a partition between himself and the people”, the last teaching. (Another opinion: the first.) Rebbi Ḥanina said: Originally, all families were standing still and the mourners passed between them. When competition increased in Sepphoris, Rebbi Yose ben Ḥalaphta decreed that the families should pass by and the mourners stand still. Rebbi Samuel Tosephta135In the Venice text, “Rebbi Simeon of the Tosephta”. The name given in the text is from the Geniza fragments (Rebbi Samuel Tosephta) and similar to the parallel in Yerushalmi Sanhedrin 2:2 (fol. 20a) “Rebbi Samuel of Sofephta”. Tosephta might be the region of Northern Armenia, called Thospitis by Ptolemy, which was the birthplace of Rabba Tosphaä, one of the later heads of the Academy of Sura in Babylonia. said: Matters returned to their original state.