"הניח את ביתו והלך לשבות אצל בתו": שארות, קרבה ונפרדות
(יב) שָׁמ֛֣וֹר אֶת־י֥וֹם֩ הַשַּׁבָּ֖֨ת לְקַדְּשׁ֑֜וֹ כַּאֲשֶׁ֥ר צִוְּךָ֖֣ ׀ יהוה אֱלֹהֶֽ֗יךָ׃ (יג) שֵׁ֤֣שֶׁת יָמִ֣ים֙ תַּֽעֲבֹ֔ד֮ וְעָשִׂ֖֣יתָ כׇּֿל־מְלַאכְתֶּֽךָ֒׃ (יד) וְי֨וֹם֙ הַשְּׁבִיעִ֔֜י שַׁבָּ֖֣ת ׀ לַיהוה אֱלֹהֶ֑֗יךָ לֹ֣א תַעֲשֶׂ֣ה כׇל־מְלָאכָ֡ה אַתָּ֣ה וּבִנְךָֽ־וּבִתֶּ֣ךָ וְעַבְדְּךָֽ־וַ֠אֲמָתֶךָ וְשׁוֹרְךָ֨ וַחֲמֹֽרְךָ֜ וְכׇל־בְּהֶמְתֶּ֗ךָ וְגֵֽרְךָ֙ אֲשֶׁ֣ר בִּשְׁעָרֶ֔יךָ לְמַ֗עַן יָנ֛וּחַ עַבְדְּךָ֥ וַאֲמָתְךָ֖ כָּמֽ֑וֹךָ׃ (טו) וְזָכַרְתָּ֗֞ כִּ֣י־עֶ֤֥בֶד הָיִ֣֙יתָ֙ ׀ בְּאֶ֣רֶץ מִצְרַ֔֗יִם וַיֹּצִ֨אֲךָ֜֩ יהוה אֱלֹהֶ֤֙יךָ֙ מִשָּׁ֔ם֙ בְּיָ֥֤ד חֲזָקָ֖ה֙ וּבִזְרֹ֣עַ נְטוּיָ֑֔ה עַל־כֵּ֗ן צִוְּךָ֙ יהוה אֱלֹהֶ֔יךָ לַעֲשׂ֖וֹת אֶת־י֥וֹם הַשַּׁבָּֽת׃
(1) Moses summoned all the Israelites and said to them: Hear, O Israel, the laws and rules that I proclaim to you this day! Study them and observe them faithfully! (2) Our God יהוה made a covenant with us at Horeb. (3) It was not with our ancestors that יהוה made this covenant, but with us, the living, every one of us who is here today. (4) Face to face יהוה spoke to you on the mountain out of the fire— (5) I stood between יהוה and you at that time to convey יהוה’s words to you, for you were afraid of the fire and did not go up the mountain—saying: (6) I יהוה am your God who brought you out of the land of Egypt, the house of bondage: (7) You shall have no other gods beside Me. (8) You shall not make for yourself a sculptured image, any likeness of what is in the heavens above, or on the earth below, or in the waters below the earth. (9) You shall not bow down to them or serve them. For I your God יהוה am an impassioned God, visiting the guilt of the parents upon the children, upon the third and upon the fourth generations of those who reject Me, (10) but showing kindness to the thousandth generation of those who love Me and keep My commandments. (11) You shall not swear falsely by the name of your God יהוה; for יהוה will not clear one who swears falsely by God’s name. (12) Observe the sabbath day and keep it holy, as your God יהוה has commanded you. (13) Six days you shall labor and do all your work, (14) but the seventh day is a sabbath of your God יהוה; you shall not do any work—you, your son or your daughter, your male or female slave, your ox or your ass, or any of your cattle, or the stranger in your settlements, so that your male and female slave may rest as you do. (15) Remember that you were a slave in the land of Egypt and your God יהוה freed you from there with a mighty hand and an outstretched arm; therefore your God יהוה has commanded you to observe the sabbath day. (16) Honor your father and your mother, as your God יהוה has commanded you, that you may long endure, and that you may fare well, in the land that your God יהוה is assigning to you. (17) You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor. (18) You [men] shall not covet your neighbor’s wife. Likewise, none of you shall crave your neighbor’s house, or field, or male or female slave, or ox, or ass, or anything that is your neighbor’s. (19) יהוה spoke those words—those and no more—to your whole congregation at the mountain, with a mighty voice out of the fire and the dense clouds. [God] inscribed them on two tablets of stone and gave them to me. (20) When you heard the voice out of the darkness, while the mountain was ablaze with fire, you came up to me, all your tribal heads and elders, (21) and said, “Our God יהוה has just shown us a majestic Presence, and we have heard God’s voice out of the fire; we have seen this day that humankind may live though addressed by God. (22) Let us not die, then, for this fearsome fire will consume us; if we hear the voice of our God יהוה any longer, we shall die. (23) For what mortal ever heard the voice of the living God speak out of the fire, as we did, and lived? (24) You go closer and hear all that our God יהוה says, and then you tell us everything that our God יהוה tells you, and we will willingly do it.” (25) יהוה heard the plea that you made to me, and יהוה said to me, “I have heard the plea that this people made to you; they did well to speak thus. (26) May they always be of such mind, to revere Me and follow all My commandments, that it may go well with them and with their children forever! (27) Go, say to them, ‘Return to your tents.’ (28) But you remain here with Me, and I will give you the whole Instruction—the laws and the rules—that you shall impart to them, for them to observe in the land that I am giving them to possess.” (29) Be careful, then, to do as your God יהוה has commanded you. Do not turn aside to the right or to the left: (30) follow only the path that your God יהוה has enjoined upon you, so that you may thrive and that it may go well with you, and that you may long endure in the land you are to possess.
וַיֹּ֤אמֶר יְהֹוָה֙ אֶל־מֹשֶׁ֣ה וְאַהֲרֹ֔ן זֹ֖את חֻקַּ֣ת הַפָּ֑סַח כׇּל־בֶּן־נֵכָ֖ר לֹא־יֹ֥אכַל בּֽוֹ׃ וְכׇל־עֶ֥בֶד אִ֖ישׁ מִקְנַת־כָּ֑סֶף וּמַלְתָּ֣ה אֹת֔וֹ אָ֖ז יֹ֥אכַל בּֽוֹ׃ תּוֹשָׁ֥ב וְשָׂכִ֖יר לֹא־יֹ֥אכַל בּֽוֹ׃ בְּבַ֤יִת אֶחָד֙ יֵאָכֵ֔ל לֹא־תוֹצִ֧יא מִן־הַבַּ֛יִת מִן־הַבָּשָׂ֖ר ח֑וּצָה וְעֶ֖צֶם לֹ֥א תִשְׁבְּרוּ־בֽוֹ׃ כׇּל־עֲדַ֥ת יִשְׂרָאֵ֖ל יַעֲשׂ֥וּ אֹתֽוֹ׃ וְכִֽי־יָג֨וּר אִתְּךָ֜ גֵּ֗ר וְעָ֣שָׂה פֶ֘סַח֮ לַיהֹוָה֒ הִמּ֧וֹל ל֣וֹ כׇל־זָכָ֗ר וְאָז֙ יִקְרַ֣ב לַעֲשֹׂת֔וֹ וְהָיָ֖ה כְּאֶזְרַ֣ח הָאָ֑רֶץ וְכׇל־עָרֵ֖ל לֹֽא־יֹ֥אכַל בּֽוֹ׃ תּוֹרָ֣ה אַחַ֔ת יִהְיֶ֖ה לָֽאֶזְרָ֑ח וְלַגֵּ֖ר הַגָּ֥ר בְּתוֹכְכֶֽם׃
יהוה said to Moses and Aaron: This is the law of the passover offering: No foreigner shall eat of it. But any householder’s purchased male slave may eat of it once he has been circumcised. No bound or hired laborer shall eat of it. It shall be eaten in one house: you shall not take any of the flesh outside the house; nor shall you break a bone of it. The whole community of Israel shall offer it. If a male stranger who dwells with you would offer the passover to יהוה, all his males must be circumcised; then he shall be admitted to offer it; he shall then be as a citizen of the country. But no uncircumcised man may eat of it. There shall be one law for the citizen and for the stranger who dwells among you.
וְאֶל־בְּנֵ֥י יִשְׂרָאֵ֖ל תְּדַבֵּ֣ר לֵאמֹ֑ר אִ֣ישׁ כִּֽי־יָמ֗וּת וּבֵן֙ אֵ֣ין ל֔וֹ וְהַֽעֲבַרְתֶּ֥ם אֶת־נַחֲלָת֖וֹ לְבִתּֽוֹ׃ וְאִם־אֵ֥ין ל֖וֹ בַּ֑ת וּנְתַתֶּ֥ם אֶת־נַחֲלָת֖וֹ לְאֶחָֽיו׃ וְאִם־אֵ֥ין ל֖וֹ אַחִ֑ים וּנְתַתֶּ֥ם אֶת־נַחֲלָת֖וֹ לַאֲחֵ֥י אָבִֽיו׃ וְאִם־אֵ֣ין אַחִים֮ לְאָבִיו֒ וּנְתַתֶּ֣ם אֶת־נַחֲלָת֗וֹ לִשְׁאֵר֞וֹ הַקָּרֹ֥ב אֵלָ֛יו מִמִּשְׁפַּחְתּ֖וֹ וְיָרַ֣שׁ אֹתָ֑הּ וְֽהָ֨יְתָ֜ה לִבְנֵ֤י יִשְׂרָאֵל֙ לְחֻקַּ֣ת מִשְׁפָּ֔ט כַּאֲשֶׁ֛ר צִוָּ֥ה יְהֹוָ֖ה אֶת־מֹשֶֽׁה׃
“Further, speak to the Israelite people as follows: ‘If a householder dies without leaving a son, you shall transfer his property to his daughter. If he has no daughter, you shall assign his property to his brothers. If he has no brothers, you shall assign his property to his father’s brothers. If his father had no brothers, you shall assign his property to his nearest relative in his own clan, who shall inherit it.’ This shall be the law of procedure for the Israelites, in accordance with יהוה’s command to Moses.”
(ו) אִ֥ישׁ אִישׁ֙ אֶל־כׇּל־שְׁאֵ֣ר בְּשָׂר֔וֹ לֹ֥א תִקְרְב֖וּ לְגַלּ֣וֹת עֶרְוָ֑ה אֲנִ֖י יהוה׃ {ס} (ז) עֶרְוַ֥ת אָבִ֛יךָ וְעֶרְוַ֥ת אִמְּךָ֖ לֹ֣א תְגַלֵּ֑ה אִמְּךָ֣ הִ֔וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ׃ {ס} (ח) עֶרְוַ֥ת אֵֽשֶׁת־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה עֶרְוַ֥ת אָבִ֖יךָ הִֽוא׃ {ס} (ט) עֶרְוַ֨ת אֲחֽוֹתְךָ֤ בַת־אָבִ֙יךָ֙ א֣וֹ בַת־אִמֶּ֔ךָ מוֹלֶ֣דֶת בַּ֔יִת א֖וֹ מוֹלֶ֣דֶת ח֑וּץ לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽן׃ {ס} (י) עֶרְוַ֤ת בַּת־בִּנְךָ֙ א֣וֹ בַֽת־בִּתְּךָ֔ לֹ֥א תְגַלֶּ֖ה עֶרְוָתָ֑ן כִּ֥י עֶרְוָתְךָ֖ הֵֽנָּה׃ {ס} (יא) עֶרְוַ֨ת בַּת־אֵ֤שֶׁת אָבִ֙יךָ֙ מוֹלֶ֣דֶת אָבִ֔יךָ אֲחוֹתְךָ֖ הִ֑וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ׃ {ס} (יב) עֶרְוַ֥ת אֲחוֹת־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה שְׁאֵ֥ר אָבִ֖יךָ הִֽוא׃ {ס} (יג) עֶרְוַ֥ת אֲחֽוֹת־אִמְּךָ֖ לֹ֣א תְגַלֵּ֑ה כִּֽי־שְׁאֵ֥ר אִמְּךָ֖ הִֽוא׃ {ס} (יד) עֶרְוַ֥ת אֲחִֽי־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה אֶל־אִשְׁתּוֹ֙ לֹ֣א תִקְרָ֔ב דֹּדָֽתְךָ֖ הִֽוא׃ {ס} (טו) עֶרְוַ֥ת כַּלָּֽתְךָ֖ לֹ֣א תְגַלֵּ֑ה אֵ֤שֶׁת בִּנְךָ֙ הִ֔וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ׃ {ס} (טז) עֶרְוַ֥ת אֵֽשֶׁת־אָחִ֖יךָ לֹ֣א תְגַלֵּ֑ה עֶרְוַ֥ת אָחִ֖יךָ הִֽוא׃ {ס}
(1) יהוה spoke to Moses, saying: (2) Speak to the Israelite people and say to them: I יהוה am your God. (3) You shall not copy the practices of the land of Egypt where you dwelt, or of the land of Canaan to which I am taking you; nor shall you follow their laws. (4) My rules alone shall you observe, and faithfully follow My laws: I יהוה am your God. (5) You shall keep My laws and My rules, by the pursuit of which human beings shall live: I am יהוה. (6) None of you men shall come near anyone of his own flesh to uncover nakedness: I am יהוה. (7) Your father’s nakedness, that is, the nakedness of your mother, you shall not uncover; she is your mother—you shall not uncover her nakedness. (8) Do not uncover the nakedness of your father’s wife; it is the nakedness of your father. (9) The nakedness of your sister—your father’s daughter or your mother’s, whether born into the household or outside—do not uncover their nakedness. (10) The nakedness of your son’s daughter, or of your daughter’s daughter—do not uncover their nakedness; for their nakedness is yours. (11) The nakedness of your father’s wife’s daughter, who was born into your father’s household—she is your sister; do not uncover her nakedness. (12) Do not uncover the nakedness of your father’s sister; she is your father’s flesh. (13) Do not uncover the nakedness of your mother’s sister; for she is your mother’s flesh. (14) Do not uncover the nakedness of your father’s brother: do not approach his wife; she is your aunt. (15) Do not uncover the nakedness of your daughter-in-law: she is your son’s wife; you shall not uncover her nakedness. (16) Do not uncover the nakedness of your brother’s wife; it is the nakedness of your brother. (17) Do not uncover the nakedness of a woman and her daughter; nor shall you take [into your household as a wife] her son’s daughter or her daughter’s daughter and uncover her nakedness: they are kindred; it is depravity. (18) Do not take [into your household as a wife] a woman as a rival to her sister and uncover her nakedness in the other’s lifetime. (19) Do not come near a woman during her menstrual period of impurity to uncover her nakedness. (20) Do not have carnal relations with your neighbor’s wife and defile yourself with her. (21) Do not allow any of your offspring to be offered up to Molech, and do not profane the name of your God: I am יהוה. (22) Do not lie with a male as one lies with a woman; it is an abhorrence. (23) Do not have carnal relations with any beast and defile yourself thereby. Likewise for a woman: she shall not lend herself to a beast to mate with it; it is perversion. (24) Do not defile yourselves in any of those ways, for it is by such that the nations that I am casting out before you defiled themselves. (25) Thus the land became defiled; and I called it to account for its iniquity, and the land spewed out its inhabitants. (26) But you must keep My laws and My rules, and you must not do any of those abhorrent things, neither the citizen nor the stranger who resides among you; (27) for all those abhorrent things were done by the people who were in the land before you, and the land became defiled. (28) So let not the land spew you out for defiling it, as it spewed out the nation that came before you. (29) All who do any of those abhorrent things—such persons shall be cut off from their people. (30) You shall keep My charge not to engage in any of the abhorrent practices that were carried on before you, and you shall not defile yourselves through them: I יהוה am your God.

משנה ותוספתא

(ה) הַמַּנִּיחַ בֵּיתוֹ וְהָלַךְ לִשְׁבּוֹת בְּעִיר אַחֶרֶת, אֶחָד נָכְרִי וְאֶחָד יִשְׂרָאֵל, הֲרֵי זֶה אוֹסֵר, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ אוֹסֵר. רַבִּי יוֹסֵי אוֹמֵר, נָכְרִי אוֹסֵר, יִשְׂרָאֵל אֵינוֹ אוֹסֵר, שֶׁאֵין דֶּרֶךְ יִשְׂרָאֵל לָבֹא בְשַׁבָּת. רַבִּי שִׁמְעוֹן אוֹמֵר, אֲפִלּוּ הִנִּיחַ בֵּיתוֹ וְהָלַךְ לִשְׁבּוֹת אֵצֶל בִּתּוֹ בְאוֹתָהּ הָעִיר, אֵינוֹ אוֹסֵר, שֶׁכְּבָר הִסִּיעַ מִלִּבּוֹ:
(1) How does one participate in the joining of Shabbat boundaries? One who wishes to establish a joining of Shabbat boundaries for himself and others places a barrel of food in the location he designates as their place of residence, and says: This is for all the residents of my town, for anyone who wishes to go on Shabbat to a house of mourning or to a house of a wedding feast situated beyond the Shabbat limit.Anyone who accepted upon himself while it was still day, i.e., before the onset of Shabbat, that he will rely on the eiruv, is permitted to rely upon it; but if one did so only after nightfall, he is prohibited to rely upon it, as the principle is that one may not establish an eiruv after nightfall.
(2) What is the measure for an joining of Shabbat boundaries? It consists of a quantity of food sufficient for two meals for each and every one of those included in the eiruv. The tanna’im disagree with regard to the size of these two meals. It is referring to one’s food that he eats on a weekday and not on Shabbat; this is the statement of Rabbi Meir. Rabbi Yehuda says: It is referring to the amount he eats on Shabbat and not on a weekday. And both this Sage, Rabbi Meir, and that Sage, Rabbi Yehuda, intended to be lenient, as Rabbi Meir maintains that people eat more food on Shabbat, whereas Rabbi Yehuda believes that they consume more on a weekday. Rabbi Yoḥanan ben Beroka says: Food for two meals is the size of a loaf bought with a pundeyon, which is one-forty-eighth of a sela, when four se’a of wheat are sold for a sela. Rabbi Shimon says: Food for two meals is two of three parts of a loaf, when three loaves are prepared from a kav of wheat. In other words, the measure is two-thirds of a loaf the size of one-third of a kav. Having discussed measures with regard to a loaf of bread, the mishna states that half of this loaf is the amount called a half [peras], a measure relevant for the halakhot of a leprous house. If one enters a house afflicted with leprosy and remains there long enough to eat this amount of food, the clothes he is wearing become ritually impure. And half of its half, a quarter of this loaf, is the amount of ritually impure food that disqualifies the body. In other words, impure food of this amount imparts ritual impurity to the body of the eater, and disqualifies him by rabbinic law from eating teruma.
(3) If both the residents of houses that open directly into a courtyard and the residents of apartments that open onto a balcony from which stairs lead down to that courtyard forgot and did not establish an eiruv between them, anything in the courtyard that is ten handbreadths high,e.g., a mound or a post, is part of the balcony. The residents of the apartments open to the balcony may transfer objects to and from their apartments onto the mound or post. Any post or mound that is lower than this height is part of the courtyard. A similar halakha applies to an embankment that surrounds a cistern or a rock: If the embankments that surround a cistern or rock are ten handbreadths high, they belong to the balcony; if they are lower than this, they may be used only by the inhabitants of the courtyard. In what case are these matters, the halakha that anything higher than ten handbreadths belongs to the balcony, stated? When the mound or embankment is near the balcony. But in a case where the embankment or mound is distant from it, even if it is ten handbreadths high, the right to use the embankment or mound goes to the members of the courtyard. And what is considered near? Anything that is not four handbreadths removed from the balcony.
(4) With regard to one who placed his eiruv of courtyards in a gatehouse or in a portico, a roofed structure without walls or with incomplete walls, or one who deposited it in a balcony, this is not a valid eiruv. And one who resides there, in any of these structures, does not render it prohibited for the homeowner and the other residents of the courtyard to carry, even if he did not contribute to the eiruv. If, however, one deposited his eiruv in a hay shed or in a cowshed or in a woodshed or in a storehouse, this is a valid eiruv, as it is located in a properly guarded place. And one who resides there with permission, if he neglected to contribute to the eiruv, he renders it prohibited for the homeowner and the other residents of the courtyard to carry. Rabbi Yehuda says: If the homeowner has there, in the hay shed or the other places listed above, a right of usage, i.e., if he is entitled to use all or part of the area for his own purposes, then the one who lives there does not render it prohibited for the homeowner, as the area is considered the homeowner’s quarters, and the person living there is classified as a member of his household.
(5) One who leaves his house, which is located in a shared courtyard, and goes to spend Shabbat in a different town, whether he is a gentile or a Jew, he renders it prohibited for the other residents to use the courtyard as though he were still at home; this is the statement of Rabbi Meir. Rabbi Yehuda says: He does not render it prohibited for them, as he left behind him an empty residence. Rabbi Yosei says: A gentile renders it prohibited but a Jew does not render it prohibited, as it is not the manner of a Jew to come home on Shabbat. A Jew will not return home, therefore his empty residence does not render it prohibited. By contrast, a gentile might return over the course of Shabbat. Therefore, he is not considered to have fully uprooted himself from his house, and he renders it prohibited. Rabbi Shimon says: Even if the Jew left his house and went to spend Shabbat with his daughter who lived in the same town, he does not render it prohibited. Although he can return home at any time, it is assumed that he has already removed from his mind any thought of going back there and has established his Shabbat residence away from his home.
(6) In the case of a cistern that is located between two courtyards, situated partly in each courtyard, one may not draw water from it on Shabbat, lest the residents of one courtyard draw water from the domain of the other courtyard, unless a partition ten handbreadths high was erected for it as a separation between the domains. This partition is effective whether it is below, in the water, or whether it is within the airspace of the cistern below the rim, above the surface of the water. Rabban Shimon ben Gamliel said: This is the subject of an early dispute of tanna’im, as Beit Shammai said that the partition, which permits drawing water, must be placed below; and Beit Hillel said it should be positioned above. Rabbi Yehuda said: A partition is no better than the wall between them. A wall dividing the two courtyards passes over the cistern, therefore it is not necessary to erect an additional partition in the cistern’s airspace.
(7) With regard to a water channel that passes through a courtyard, the residents may not draw water from it on Shabbat, unless they erected for it a partition ten handbreadths high at the entrance and at the exit of the courtyard. Rabbi Yehuda says: There is no need for a special partition, as the wall that runs on top of it, i.e., the courtyard wall, is considered as a partition. Rabbi Yehuda said: There was an incident involving a water channel that passed through the courtyards of the town of Avel, from which the residents would draw water from it on Shabbat by the authority of the Elders, relying on the courtyard wall suspended above it. They said to him: It is due to the fact that channel was not of the size that requires a partition, i.e., it was less than ten handbreadths deep or less than ten handbreadths wide, it was permitted to draw water from it even without a partition.
(8) With regard to a balcony that extends over a body of water, if a hole was opened in the floor, its residents may not draw water from it through the hole on Shabbat, unless they erected for it a partition ten handbreadths high around the hole. It is permitted to draw water by means of that partition, whether it is positioned above the balcony, in which case the partition is seen as descending downward, or whether it is placed below the balcony. And likewise, with regard to two such balconies, one above the other, if they erected a partition for the upper balcony but they did not erect one for the lower one, the residents are both prohibited from drawing water through the upper one, unless they establish an eiruv between them.
(9) With regard to a courtyard that is less than four cubits by four cubits in area, one may not pour waste water into it on Shabbat, unless a pit was fashioned to receive the water, and the pit holds two se’a in volume from its edge below. This halakha applies whether the pit was fashioned outside the courtyard or whether it was dug inside the courtyard itself. The only difference is as follows: If the pit was dug outside in the adjoining public domain, it is necessary to arch over it, so that the water will not flow into the public domain. If it was dug inside the courtyard, it is not necessary to arch over it.
(10) Rabbi Eliezer ben Ya’akov says: In the case of a drainage ditch whose first four cubits are arched over in the public domain, one may pour waste water into it on Shabbat. And the Rabbis say: Even if a roof or a courtyard is a hundred cubits in area, one may not pour water directly onto the mouth of the drainage ditch. However, he may pour it upon the roof, from which the water spills into the drain of its own accord. A courtyard and a portico, a roofed but unwalled structure in front of a house, combine for the four cubits by virtue of which it is permitted to pour water even into a courtyard that lacks a pit.
(11) And likewise, with regard to two upper stories [deyotaot], one opposite the other in the same small courtyard, if the residents of one of them fashioned a pit in the courtyard, and the residents of the other did not fashion a pit, those who fashioned a pit are permitted to pour their waste water into the courtyard, whereas those who did not fashion a pit are prohibited to do so.
וְאֵלּוּ הֵן הַקְּרוֹבִין, אָבִיו וְאָחִיו וַאֲחִי אָבִיו וַאֲחִי אִמּוֹ וּבַעַל אֲחוֹתוֹ וּבַעַל אֲחוֹת אָבִיו וּבַעַל אֲחוֹת אִמּוֹ וּבַעַל אִמּוֹ וְחָמִיו וְגִיסוֹ, הֵן וּבְנֵיהֶן וְחַתְנֵיהֶן, וְחוֹרְגוֹ לְבַדּוֹ. אָמַר רַבִּי יוֹסֵי, זוֹ מִשְׁנַת רַבִּי עֲקִיבָא. אֲבָל מִשְׁנָה רִאשׁוֹנָה, דּוֹדוֹ וּבֶן דּוֹדוֹ. וְכָל הָרָאוּי לְיָרְשׁוֹ, וְכָל הַקָּרוֹב לוֹ בְּאוֹתָהּ שָׁעָה. הָיָה קָרוֹב וְנִתְרַחֵק, הֲרֵי זֶה כָּשֵׁר. רַבִּי יְהוּדָה אוֹמֵר, אֲפִלּוּ מֵתָה בִתּוֹ וְיֶשׁ לוֹ בָנִים מִמֶּנָּה, הֲרֵי זֶה קָרוֹב:
And these are the ones disqualified from bearing witness or from serving as judges due to their status as relatives of one of the litigants or of each other: One’s brother, and his paternal uncle, and his maternal uncle, and his sister’s husband, and the husband of his paternal aunt, and the husband of his maternal aunt, and his mother’s husband, and his father-in-law, and his brother-in-law, i.e., the husband of his wife’s sister. They themselves, all of these people, and also their sons, and their sons-in-law are considered relatives. And his stepson alone is disqualified, but not his stepson’s sons or sons-in-law. Rabbi Yosei says: This aforementioned halakha is Rabbi Akiva’s version of the mishna. But the initial version of the mishna reads as follows: His uncle and the son of his uncle, and anyone who is fit to inherit from him. Only paternal relatives, who are fit to inherit from him, are disqualified; maternal relatives, who do not inherit from him, are not disqualified from bearing witness about him or from adjudicating his case. And the halakha disqualifying a relative from bearing witness or serving as a judge is referring to anyone who is related to him at the time of the trial. If one was once a relative and became unrelated by the time of the trial, e.g., he married the daughter of one of the litigants, but she died or they were divorced, in this case he is fit. Rabbi Yehuda says: Even if his daughter died but her husband, the former son-in-law, has children from her, he is still considered a relative; the children cause them to remain related.
בַּת יִשְׂרָאֵל שֶׁנִּסֵּת לְכֹהֵן, תֹּאכַל בַּתְּרוּמָה. מֵת, וְלָהּ הֵימֶנּוּ בֵן, תֹּאכַל בַּתְּרוּמָה. נִסֵּת לְלֵוִי, תֹּאכַל בַּמַּעֲשֵׂר. מֵת, וְלָהּ הֵימֶנּוּ בֵן, תֹּאכַל בַּמַּעֲשֵׂר. נִסֵּת לְיִשְׂרָאֵל, לֹא תֹאכַל לֹא בַתְּרוּמָה, וְלֹא בַמַּעֲשֵׂר. מֵת, וְלָהּ הֵימֶנּוּ בֵן, לֹא תֹאכַל לֹא בַתְּרוּמָה וְלֹא בַמַּעֲשֵׂר. מֵת בְּנָהּ מִיִּשְׂרָאֵל, תֹּאכַל בַּמַּעֲשֵׂר. מֵת בְּנָהּ מִלֵּוִי, תֹּאכַל בַּתְּרוּמָה. מֵת בְּנָהּ מִכֹּהֵן, לֹא תֹאכַל לֹא בַתְּרוּמָה וְלֹא בַמַּעֲשֵׂר: בַּת כֹּהֵן שֶׁנִּשֵּׂאת לְיִשְׂרָאֵל, לֹא תֹאכַל בַּתְּרוּמָה. מֵת וְלָהּ הֵימֶנּוּ בֵן, לֹא תֹאכַל בַּתְּרוּמָה. נִשֵּׂאת לְלֵוִי, תֹּאכַל בַּמַּעֲשֵׂר. מֵת, וְלָהּ הֵימֶנּוּ בֵן, תֹּאכַל בַּמַּעֲשֵׂר. נִשֵּׂאת לְכֹהֵן, תֹּאכַל בַּתְּרוּמָה. מֵת, וְלָהּ הֵימֶנּוּ בֵן, תֹּאכַל בַּתְּרוּמָה. מֵת בְּנָהּ מִכֹּהֵן, לֹא תֹאכַל בַּתְּרוּמָה. מֵת בְּנָהּ מִלֵּוִי, לֹא תֹאכַל בַּמַּעֲשֵׂר. מֵת בְּנָהּ מִיִּשְׂרָאֵל, חוֹזֶרֶת לְבֵית אָבִיהָ. וְעַל זוֹ נֶאֱמַר (ויקרא כב), וְשָׁבָה אֶל בֵּית אָבִיהָ כִּנְעוּרֶיהָ מִלֶּחֶם אָבִיהָ תֹּאכֵל:
An Israelite woman married to a priest may partake of teruma. If the priest died and she has a child from him, she may continue to partake of teruma. If she subsequently married a Levite, she may no longer partake of teruma but she may partake of the first tithe on his account. If he, too, died and she had a child from him, she may continue to partake of tithe on account of the child. If she then married an Israelite, she may partake of neither teruma nor tithe. If her Israelite husband died and she had a child from him, she still may partake of neither teruma nor tithe. If her child from the Israelite also died, while her son from the Levite remained alive, she may partake of tithe on account of the Levite’s child. If her child from the Levite died, leaving her with a son from the priest, she may once again partake of teruma. If her child from the priest died as well, she may no longer partake of either teruma or tithe. The daughter of a priest married to an Israelite may not partake of teruma. If the Israelite died and she has a son from him, she may not partake of teruma as long as that son is alive. If she subsequently married a Levite she may partake of tithe. If he died, and she had a son from him, she may still partake of tithe. If she subsequently married a priest, she may partake of teruma. If the priest died and she had a son from him, she may partake of teruma. If her son from the priest also died, she may not partake of teruma, but she may partake of tithe, as she has a son from a Levite. If her son from the Levite died, she may no longer partake of tithe. If her son from the Israelite died, she returns to her father’s house and may once again partake of teruma. And with regard to this woman, it is stated: “And she is returned unto her father’s house, as in her youth; she may eat of her father’s bread” (Leviticus 22:13).

פרקי משנה ותוספתא לעיון - טקסיים ביתיים:

שאלות לעיון

• באיזה פורום נערך הטקס?
• מי מתוך המשפחה הגרעינית מוזכר ומי לא? מדוע?
• מי מחוץ למשפחה הגרעינית מוזכר?
• מהם התפקידים של בני המשפחה הנזכרים?
• מה הסיפור שמספר לנו הפרק על משפחה?
אֵימָא: ״שְׁאֵרוֹ״ – זוֹ הָאֵם, דִּכְתִיב: ״שְׁאֵר אִמְּךָ הִיא״! אָמַר רָבָא, אָמַר קְרָא: ״מִמִּשְׁפַּחְתּוֹ וְיָרַשׁ אֹתָהּ״; מִשְׁפַּחַת אָב קְרוּיָה ״מִשְׁפָּחָה״, מִשְׁפַּחַת אֵם אֵינָהּ קְרוּיָה ״מִשְׁפָּחָה״ – דִּכְתִיב: ״לְמִשְׁפְּחֹתָם לְבֵית אֲבֹתָם״. וּמִשְׁפַּחַת אֵם אֵינָהּ קְרוּיָה ״מִשְׁפָּחָה״?! וְהָא כְּתִיב: ״וַיְהִי נַעַר מִבֵּית לֶחֶם יְהוּדָה מִמִּשְׁפַּחַת יְהוּדָה, וְהוּא לֵוִי, וְהוּא גָר שָׁם״ – הָא גוּפָא קַשְׁיָא; אָמְרַתְּ ״וְהוּא לֵוִי״ – אַלְמָא מִלֵּוִי אָתֵי, ״מִמִּשְׁפַּחַת יְהוּדָה״ – אַלְמָא מִיהוּדָה אָתֵי! אֶלָּא לָאו דַּאֲבוּהּ מִלֵּוִי, וְאִימֵּיהּ מִיהוּדָה? וְקָאָמַר ״מִמִּשְׁפַּחַת יְהוּדָה״! אָמַר רָבָא בַּר רַב חָנָן: לָא; גַּבְרָא דִּשְׁמֵיהּ לֵוִי.
§ The Gemara returns to discuss the interpretation of the term: “His kinsman” (Numbers 27:11). And from where does one know to derive that with regard to the term: “His kinsman [she’ero],” this is referring to the father, as it is written in the context of forbidden sexual relations: “She is your father’s kinswoman [she’er]” (Leviticus 18:12)? Perhaps one should say instead: “His kinswoman,” this is referring to the mother, as it is also written: “For she is your mother’s kinswoman [she’er]” (Leviticus 18:13). Rava said in response that the verse states: “Then you shall give his inheritance to his kinsman who is next to him of his family, and he shall inherit it” (Numbers 27:11), emphasizing that “kinsman” is referring specifically to someone who is of his family, and it is the father’s family that is called one’s family, while one’s mother’s family is not called one’s family. Proof for this is found in another verse, as it is written: “By their families, by their fathers’ houses” (Numbers 1:2). The Gemara raises a difficulty: And is one’s mother’s family indeed not called one’s family? But it is written in the episode of Micah forming an idol to be worshipped: “And there was a young man of Bethlehem in Judah of the family of Judah who was a Levite, and he sojourned there” (Judges 17:7). The Gemara explains the difficulty: This matter itself is difficult. You said: “Who was a Levite,” as apparently he came from the tribe of Levi, but the verse says: “Of the family of Judah,” so apparently he came from the tribe of Judah. Rather, is it not that his father was from the tribe of Levi and his mother was from the tribe of Judah, and yet the verse says that he was: “Of the family of Judah”? This appears to prove that one’s mother’s family is also called his family. Rava bar Rav Ḥanan said in response: No, the verse speaks of a man whose name was Levi, but his father was of the tribe of Judah. The Gemara asks: If that is so, how is that which Micah said when that man agreed to serve as his priest: “Now I know that the Lord will do me good, seeing that I have a Levite as my priest” (Judges 17:13), understood? It is understood only if he was an actual Levite, not if he was from the tribe of Judah and named Levi. Rava bar Rav Ḥanan responded: Yes, it is understood. Micah understood the fact that a man whose name is Levi happened upon him as an auspicious sign.