Rabban Gamliel and the Moon
מַתְנִי׳ הַמּוֹצֵא כֵּלִים וַעֲלֵיהֶם צוּרַת חַמָּה, צוּרַת לְבָנָה, צוּרַת דְּרָקוֹן — יוֹלִיכֵם לְיָם הַמֶּלַח. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: שֶׁעַל הַמְכוּבָּדִין — אֲסוּרִין, שֶׁעַל הַמְבוּזִּין — מוּתָּרִין.
MISHNA: In the case of one who finds vessels, and upon them is a figure of the sun, a figure of the moon, or a figure of a dragon, he must take them and cast them into the Dead Sea and not derive any benefit from them, as they are assumed to be objects of idol worship. Rabban Shimon ben Gamliel says: Those figures that are upon respectable vessels are forbidden. Those that are upon disgraceful vessels are permitted.
תְּנַן הָתָם: דְּמוּת צוּרוֹת לְבָנוֹת הָיָה לוֹ לְרַבָּן גַּמְלִיאֵל בַּעֲלִיָּיתוֹ, בְּטַבְלָא בַּכּוֹתֶל, שֶׁבָּהֶן מַרְאֶה אֶת הַהֶדְיוֹטוֹת, וְאוֹמֵר לָהֶן: כָּזֶה רְאִיתֶם אוֹ כָּזֶה רְאִיתֶם?
§ We learned in a mishna there (Rosh HaShana 24a): Rabban Gamliel had diagrams of the different figures of moons drawn on a tablet that hung on the wall of his attic, which he would show to the ordinary people [hahedyotot] who came to testify about sighting the new moon but who were unable to adequately describe what they had seen. And he would say to them: Did you see an image like this, or did you see an image like that?
וּמִי שְׁרֵי? וְהָכְתִיב: ״לֹא תַעֲשׂוּן אִתִּי״, לֹא תַעֲשׂוּן כִּדְמוּת שַׁמָּשַׁי הַמְשַׁמְּשִׁים לְפָנַי!
The Gemara asks: And is it permitted to form these figures? But isn’t it written: “You shall not make with Me gods of silver, or gods of gold” (Exodus 20:20), which is interpreted to mean: You shall not make figures of My attendants who serve before Me, i.e., those celestial bodies that were created to serve God, including the sun and the moon.
אָמַר אַבָּיֵי: לֹא אָסְרָה תּוֹרָה אֶלָּא שַׁמָּשִׁין שֶׁאֶפְשָׁר לַעֲשׂוֹת כְּמוֹתָן,
In answering, Abaye said: The Torah prohibited only the figures of those attendants that one can possibly reproduce something that is truly in their likeness. Since it is impossible to reproduce the sun and the moon, the prohibition does not apply to these entities.
כִּדְתַנְיָא: לֹא יַעֲשֶׂה אָדָם בַּיִת תַּבְנִית הֵיכָל, אַכְסַדְרָה תַּבְנִית אוּלָם, חָצֵר תַּבְנִית עֲזָרָה, שׁוּלְחָן תַּבְנִית שׁוּלְחַן, מְנוֹרָה תַּבְנִית מְנוֹרָה, אֲבָל הוּא עוֹשֶׂה שֶׁל חָמֵשׁ וְשֶׁל שֵׁשׁ וְשֶׁל שְׁמוֹנֶה, וְשֶׁל שֶׁבַע לֹא יַעֲשֶׂה אֲפִילּוּ שֶׁל שְׁאָר מִינֵי מַתָּכוֹת.
As it is taught in a baraita: A person may not construct a house in the exact image of the Sanctuary, nor a portico in the exact image of the Entrance Hall of the Sanctuary, nor a courtyard corresponding to the Temple courtyard, nor a table corresponding to the Table in the Temple, nor a candelabrum corresponding to the Candelabrum in the Temple. But one may fashion a candelabrum of five or of six or of eight lamps. And one may not fashion a candelabrum of seven lamps even if he constructs it from other kinds of metal rather than gold, as in extenuating circumstances the Candelabrum in the Temple may be fashioned from other metals.
רַבִּי יוֹסֵי בַּר יְהוּדָה אוֹמֵר: אַף שֶׁל עֵץ לֹא יַעֲשֶׂה, כְּדֶרֶךְ שֶׁעָשׂוּ בֵּית חַשְׁמוֹנַאי.
The baraita continues: Rabbi Yosei bar Yehuda says: One may not fashion a candelabrum of wood either, in the manner that the kings of the Hasmonean monarchy fashioned it. When they first purified the Temple they had to fashion the Candelabrum out of wood as no other material was available. Since a wooden candelabrum is fit for the Temple, it is prohibited to fashion one of this kind for oneself.
וַעֲשִׂיָּיה גְּרֵידְתָּא מִי שְׁרֵי? וְהָתַנְיָא: ״לֹא תַעֲשׂוּן אִתִּי״ — לֹא תַעֲשׂוּן כִּדְמוּת שַׁמָּשַׁי הַמְשַׁמְּשִׁין לְפָנַי בַּמָּרוֹם, כְּגוֹן: חַמָּה וּלְבָנָה, כּוֹכָבִים וּמַזָּלוֹת.
The Gemara asks: And is the mere fashioning of figures of the celestial bodies permitted? But isn’t it taught in another baraita that the verse: “You shall not make with Me gods of silver” (Exodus 20:20), is interpreted to mean that you shall not make figures of My attendants who serve before Me on high, for example: The sun, and the moon, the stars, and the constellations. This is proof that it is prohibited to fashion figures of the sun and the moon. Consequently, the solution proposed by Abaye is rejected, leaving the difficulty of Rabban Gamliel’s diagram unresolved.
שָׁאנֵי רַבָּן גַּמְלִיאֵל, דַּאֲחֵרִים עָשׂוּ לוֹ.
The Gemara proposes an alternative resolution: The case of Rabban Gamliel is different, as others, i.e., gentiles, fashioned those figures for him, and it is prohibited for a Jew only to fashion such figures; there is no prohibition against having them in one’s possession.
וְהָא רַב יְהוּדָה, דַּאֲחֵרִים עָשׂוּ לוֹ, וַאֲמַר לֵיהּ שְׁמוּאֵל לְרַב יְהוּדָה: שִׁינָּנָא, סַמִּי עֵינֵיהּ דְּדֵין!
The Gemara asks: But there is the case of Rav Yehuda, where others fashioned for him a seal with a figure of a person on it, and Shmuel said to Rav Yehuda, who was his student: Sharp-witted one [shinnana], destroy this one’s eyes, i.e., disfigure it, as it is prohibited even to have a figure of a human being in one’s possession.
הָתָם בְּחוֹתָמוֹ בּוֹלֵט, וּמִשּׁוּם חֲשָׁדָא, דְּתַנְיָא: טַבַּעַת שֶׁחוֹתָמָהּ בּוֹלֵט — אָסוּר לְהַנִּיחָהּ, וּמוּתָּר לַחְתּוֹם בָּהּ. חוֹתָמָהּ שׁוֹקֵעַ — מוּתָּר לְהַנִּיחָהּ, וְאָסוּר לַחְתּוֹם בָּהּ.
The Gemara answers: There, in the case of Rav Yehuda, his was a protruding seal, i.e., the figure projected from the ring, and Shmuel prohibited it due to the potential suspicion that he had an object of idol worship in his possession. As it is taught in a baraita: In the case of a ring whose seal protrudes, it is prohibited to place it on one’s finger due to suspicion of idol worship, but it is permitted to seal objects with it. In this case, the act of sealing forms a figure that is sunken below the surface of the object upon which the seal was impressed, which is not prohibited. If its seal is sunken, it is permitted to place it on one’s finger, but it is prohibited to seal objects with it, as that forms a protruding figure.
וּמִי חָיְישִׁינַן לַחֲשָׁדָא? וְהָא בֵּי כְנִישְׁתָּא דְּשַׁף וִיתֵיב בִּנְהַרְדְּעָא, (דְּאוֹקְמִי) [דְּאוֹקִימוּ] בֵּיהּ אִנְדְּרָטָא, וַהֲווֹ עָיְילִי בֵּיהּ אֲבוּהּ דִּשְׁמוּאֵל וְלֵוִי וּמְצַלּוּ בְּגַוֵּיהּ, וְלָא חָיְישִׁי לַחֲשָׁדָא! רַבִּים שָׁאנֵי.
The Gemara asks: And are we concerned about arousing suspicion due to the use of a human figure? But what about that synagogue that had been destroyed in Eretz Yisrael and was reestablished in Neharde’a, and they erected a statue of the king in it? And nevertheless, Shmuel’s father and Levi would enter and pray in it, and they were not concerned about arousing suspicion. The Gemara answers: A public institution is different; the public is not suspected of having idolatrous intentions. Rather, it is assumed that the statue is there exclusively for ornamental purposes.
וְהָא רַבָּן גַּמְלִיאֵל דְּיָחִיד הֲוָה? כֵּיוָן דְּנָשִׂיא הוּא, שְׁכִיחִי רַבִּים גַּבֵּיהּ. וְאִיבָּעֵית אֵימָא: דִּפְרָקִים הֲוַאי.
The Gemara asks: But wasn’t Rabban Gamliel an individual? According to this reasoning, his figures of the moon should have been forbidden as they would have aroused suspicion. The Gemara answers: Since he was the Nasi, the head of the Sanhedrin, members of the public would often be found with him, and therefore there was no room for suspicion. And if you wish, say there is an alternative answer, namely, that these figures were not whole; rather, they were formed from pieces of figures that had to be assembled. Only complete figures are forbidden.
וְאִיבָּעֵית אֵימָא, לְהִתְלַמֵּד שָׁאנֵי, דְּתַנְיָא: ״לֹא תִלְמַד לַעֲשׂוֹת״, אֲבָל אַתָּה לָמֵד לְהָבִין וּלְהוֹרוֹת.
And if you wish, say there is yet another answer: Fashioning figures in order to teach oneself is different, as it is taught in a baraita with regard to the verse: “You shall not learn to do like the abominations of those nations” (Deuteronomy 18:9): But you may learn in order to understand the matter yourself and teach it to others. In other words, it is permitted to perform certain acts for the sake of Torah study that would otherwise be prohibited.
Avodah Zarah that Creeps into Public Space
מַתְנִי׳ לֹא יֵשֵׁב בְּצִילָּהּ, וְאִם יָשַׁב — טָהוֹר, וְלֹא יַעֲבוֹר תַּחְתֶּיהָ, וְאִם עָבַר — טָמֵא. הָיְתָה גּוֹזֶלֶת אֶת הָרַבִּים וְעָבַר תַּחְתֶּיהָ — טָהוֹר.
MISHNA: With regard to an ashera, one may not sit in its shade, but if one sat in its shade he remains ritually pure. And one may not pass beneath it, and if one passed beneath it he is ritually impure. If the tree was robbing the public, i.e., if its branches extended over public property, and one passed beneath it, he remains pure.
הָיְתָה גּוֹזֶלֶת אֶת הָרַבִּים וְעָבַר תַּחְתֶּיהָ — טָהוֹר. אִיבַּעְיָא לְהוּ: עָבַר אוֹ עוֹבֵר? רַבִּי יִצְחָק בֶּן אֶלְעָזָר מִשְּׁמֵיהּ דְּחִזְקִיָּה אָמַר: עוֹבֵר, וְרַבִּי יוֹחָנָן אָמַר: אִם עָבַר.
§ The mishna teaches: If the tree was robbing the public and one passed beneath it he remains pure. A dilemma was raised before the Sages: Does the mishna mean that if one passed under the tree he remains pure, but that it is prohibited to pass beneath it ab initio? Or does the mishna mean that one may pass beneath it ab initio? Rabbi Yitzḥak ben Elazar says in the name of Ḥizkiyya: One may passab initio. And Rabbi Yoḥanan says: The mishna means that if one passed he remains pure, but it is prohibited to pass ab initio.
וְלָא פְּלִיגִי, הָא דְּאִיכָּא דִּירְכָּא אַחֲרִינָא, הָא דְּלֵיכָּא דִּירְכָּא אַחֲרִינָא.
The Gemara explains: And they do not disagree. This opinion, that one may not pass beneath an ashera, is referring to a case where there is another way to get to his destination. That opinion, that it is permitted to pass beneath it ab initio, is referring to a case where there is no other way.
אֲמַר לֵיהּ רַב שֵׁשֶׁת לְשַׁמָּעֵיהּ: כִּי מָטֵית לְהָתָם ״אַרְהֵיטְנִי״. הֵיכִי דָמֵי? אִי דְּלֵיכָּא דִּירְכָּא אַחֲרִינָא, לְמָה לִי ״אַרְהֵיטְנִי״? מִישְׁרָא שְׁרֵי! וְאִי דְּאִיכָּא דִּירְכָּא אַחְרִינָא, כִּי אָמַר ״אַרְהֵיטְנִי״ מִי שְׁרֵי?
The Gemara relates: Rav Sheshet, who was blind, was being guided by his attendant toward his city, and there was an ashera shadowing the path. Rav Sheshet said to his attendant: When you arrive at the ashera, have me run past it quickly. The Gemara asks: What were the circumstances? If there was no other way to get to his destination, why did Rav Sheshet request: Have me run past it? In such circumstances, it is permitted to walk normally underneath an ashera. And if there was another way to get to his destination, when Rav Sheshet said: Have me run past it, was it then permitted for him to do so? He still passed under the ashera.
לְעוֹלָם, דְּלֵיכָּא דִּירְכָּא אַחֲרִינָא, וְאָדָם חָשׁוּב שָׁאנֵי.
The Gemara answers: Actually, it was a case where there was no other way to get to his destination. And although it was permitted for Rav Sheshet to walk normally underneath the ashera, Rav Sheshet wanted to run past it because an important person is different. An important person should try to pass under the ashera as quickly as possible, lest others misunderstand the circumstances and learn from him that it is permitted for one to walk underneath an ashera even when there is another way for him to reach his destination.