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Tractate Peah, Chapter 3, Tosefta 15

August 30, 2015 2 Comments

Tractate Peah, Chapter 3

Tosefta 151

A [single]2 olive tree that [has been placed in the field to find its optimal growing spot with the intention to possibly be re-planted3 and it itself comprises the middle row of] three rows [of plants], [the] two [other rows on the sides of it being] rectangular plots [of grain], that has been forgotten is not [considered to be] Shikcha (forgotten sheaves), [and therefore the farmer may go back and harvest it when he remembers about it].4 When do we say that [in order for this olive tree not be considered Shikcha it has to be located in between two rows of grain, and not just by itself]? When he (i.e. the farmer) does not recognize it [as a portable tree whose location is being selected before it is permanently planted in the ground].5 But if he recognizes it [as a portable tree whose location is being selected before it is permanently planted in the ground] he may run after it even [if it is standing in a pot all by itself, even if it is as far as] one hundred Amot6 [away from any other rows of grain] and take it, [because such a tree is never considered Shikcha, due to its special status of being located for the optimal spot in the field.]7, 8

מסכת פאה פרק ג

תוספתא טו

הַזַּיִת שֶׁהוּא עַל שָׁלֹש שׁוּרוֹת שֶׁל שְׁנֵי מַלְבֵּנִין וּשְׁכָחוֹ, אֵין שִׁכְחָה. בַּמֶּה דְבָרִים אֲמוּרִים? בִּזְמָן שֶׁאֵין מַכִּירוֹ, אָבָל בִּזְמָן שֶׁמַּכִּירוֹ רָץ אַחֲרָיו וְנוֹטְלוֹ אַפִילו מֵאָה אַמָּה.

Notes:

  1. This Tosefta, its parallel Mishna (Peah 7:2), and the discussion about them in Talmud Yerushalmi (Peah 7:2, Daf 32a) are written in a very short form, which has caused great confusion among all commentators. There is a variety of explanations of how to read them and what they mean, all of which are flawed, either due to non-flowing text or misinterpreted words or simply not making any sense agriculturally. For some examples, see Pnei Moshe and Rash Sirillio on the Yerushalmi (ibid.), the Rambam in his commentary on the Mishna (Peah 7:2) and in the Mishneh Torah (Hilchot Matnot Aniyim 5:25), Rash Mishantz (Mishna Peah 7:2), and Cheshek Shlomo and Tosefta Kifshuta on this Tosefta.
  2. I have chosen to explain this Tosefta according to a relatively recent commentary on the Yerushalmi, called Zahav Haaretz, by Rabbi Dov Malachi Englander (Volume 1, Peah 7:2, Siman 42, p. 65-66), printed in Jerusalem, 1944. I have found that his explanation is the only one that correctly translates the obscure words in the text, and fits linguistically and agriculturally, as well as makes sense.Mishna Peah 7:2 says that an olive tree that is located in between two rows of rectangular plots of grain is not considered to be Shikcha if it was forgotten. Our Tosefta expands on that law and clarifies some details.

  3. Since the word הַזַּיִת (Hazayit), “the olive”, is written with the definite article “ה”, it implies that the subject that is being discussed is a single olive tree and not a group of trees, like many commentators have thought.
  4.  

  5. Talmud Yerushalmi (Peah 7:2, Daf 32a) quotes Rabbi Yochanan, also known as Rav Yochanan, who explains that the Tosefta and its parallel Mishna (Peah 7:2) are both talking about a tree that is being moved around, implying that the tree is planted in a particular spot with the intention of possibly being transplanted into a different spot in the field. The reason why a farmer might do this is to make sure the spot where the olive tree is planted has good drainage. “Olive trees are very sensitive to over-irrigation, and will not perform well in water-logged soil. Water-logged soil is a result of poor drainage, causes poor soil aeration and root deterioration, and can lead to the death of olive trees.” See Zeev Wiesman, “Desert Olive Oil Cultivation: Advanced Bio Technologies”, Academic Press, 2009, p. 101. So if a farmer is not sure if some areas of his field get flooded and water-logged he may move the tree around the field to see how the water drains, before he decides to keep it there permanently. I was not able to find an ancient source that would verify that this was a technique actually used in the Roman Empire, but based on this Tosefta and Yerushalmi it is plausible. It should be noted that although trees can go into shock due to transplanting it is possible to transplant them without causing shock, as long as it is done properly.
  6.  

  7. The following diagram illustrates how the olive tree is located relatively to the rows of grain.
  8.  

    peah3-15_diagram1.jpg

    lone_tree_in_a_field_of_crops_near_michaelstone-y-fedw,south_wales_uk.jpg

    A lone tree growing in a field in between rows of crops in near Michaelstone-Y-Fedw, South Wales, UK on June 18, 2011. Photo: Martyn Smith, Flickr.

     

  9. If the tree has already been planted in the ground and looks like any other tree, the farmer may have either forgotten that originally he put it there in order to test the spot, or it may have been put there by a field worker and now the owner of the field does not realize why that tree was put there in the first place. So finally, when he remembers that it was planted there only to test the spot and not as a permanent location he may go back and harvest it, providing that it is located in between two rows of grain as shown on the diagram above in note 4.
  10.  

  11. 100 Amot is used here as an example of a large number, but it is not a specification of distance. Regardless of what the distance is between the tree and the rows of grain, the farmer may still go back and get it. For the description of the Amah see above Tosefta Peah 1:10, note 5.
  12.  

  13. If the farmer always knew that the tree was planted in that location in order to test the spot, and he simply forgot to harvest it, then he is allowed to go back and harvest that tree regardless of the tree’s surroundings. And even if the tree is sitting in the middle of the field by itself without any grain around it, as shown on the diagram below, the farmer may go back and harvest.
  14.  

    peah3-15_diagram2.jpg

    cork_and_olive_trees_in_wheat_field_alentejo_portugal_09_2013.jpg

    Cork Oaks (foreground), vineyards and olive trees (background), growing in a wheat field near Elvas in the Alentejo region, Portugal on September 15, 2013. Photo: Alves Gaspar, Wikimedia Commons. Notice the trees are far apart from each other and would be considered lone trees in a wheat field as described in our Tosefta.

     

  15. The reason that a tree is planted in the midst of a field with other crops is due to a common technique called Intercropping. The most common goal of intercropping is to produce a greater yield on a given piece of land by making use of resources that would otherwise not be utilized by a single crop. Intercropping reduces pests that affect the crops and plant diseases due to increased spacing between plants, while controlling land erosion, improving soil fertility and reducing weeds through allelopathy, which is a biological phenomenon by which an organism produces one or more biochemicals that influence the growth, survival, and reproduction of other organisms.  See George Ouma and Jeruto,P, “Sustainable horticultural crop production through intercropping: The case of fruits and vegetable crops: A review”, Agriculture and Biology Journal of North America 1 (5): pp. 1098–1105. Our Tosefta describes two specific techniques of Intercropping, called Row Intercropping and Strip Intercropping. Row Intercropping is growing two or more crops together at the same time with at least one crop planted in rows. Strip Intercropping is growing two or more crops together in strips wide enough to separate crop production, but close enough to interact with each other.
  16.  

    The various techniques of intercropping were well known to the ancient Greeks already in the 4th century BCE and the Romans. See Theophrastus, Inquiry into Plants, VIII.II.9-10, and Columella, On Agriculture, II.2.24, as explained in K.D. White, “Roman Farming”, Cornell University Press, 1970, ch. 2, pp. 47-49. As evident from this Tosefta they were commonly used in the Land of Israel as well during the Greek and Roman periods.

Tractate Peah, Chapter 3, Tosefta 14

September 22, 2014 Leave a Comment

Tractate Peah, Chapter 3

Tosefta 141

Any olive [tree] in the field, that is especially famous [for something],2 [for example,] as the olive tree of Netofa was [famous] in its time,3 and he forgot [to harvest the olives from] it, it is not [considered] Shikcha (forgotten sheaves) [and therefore the farmer may go back and harvest it when he remembers about it later]. When do we say that [it is not considered Shikcha]? As long as he did not begin [to harvest that tree at all]. But if he began [to harvest that tree, but did not finish harvesting it,] and [then he] forgot [to finish harvesting] it, then it is [considered] Shikcha [and he may not go back and complete harvesting it], unless it still has two Seahs4 [of olives left] on it [in which case it is not considered Shikcha and he may go back and finish harvesting it].5

מסכת פאה פרק ג

תוספתא יד

כָּל הַזַּיִת שֶׁיֵּשׁ לוֹ שֵׁם בַּשָּׂדֶה, כְּזַיִת נְטוֹפָה בִּשְׁעָתוֹ, וְשְׁכָחוֹ, אֵין שִׁכְחָה. בַּמֶּה דְבָרִים אֲמוּרִים? בִּזְמָן שֶׁלֹּא הִתְחִיל בּוֹ. אָבָל אִם הִתְחִיל בּוֹ וּשְׁכָחוֹ הֲרֵי זוֹ שִׁכְחָה עַד שֶׁיְּהֵא בוֹ סָאתַיִם.

Notes:

  1. Mishna Peah 7:1 states that any olive tree that is famously known due to its name, its olives production, or its location, and therefore is considered different from the rest of the trees in that field, if it is forgotten to be harvested during the harvest it is not considered Shikcha and therefore the farmer may go back and harvest it later and he may prevent the poor people from taking its olives. Mishna Peah 7:2 states that any regular olive tree that still has two Seahs of olives on it is not considered to be Shikcha, as long as the farmer did not begin to harvest it. But if the farmer began harvesting it and then forgot to finish it off, then even if it is a famously known tree, such as the olive tree of Netofa was known in its time, then it is still considered to be Shikcha and the farmer may not go back and complete harvesting it.

    It is not clear what our Tosefta is trying to do with regard to these two Mishnayot. According to Rash Mishantz (Mishna Peah 7:2, Bameh Devarim Amurim) the Tosefta is actually arguing on the law in the Mishna as follows. According to the Mishna any olive tree, even a not famous one, that he did not begin to harvest, as long as it has two Seahs of olives on it, is not considered Shikcha. But if he began harvesting it and then forgot to finish it, then it is considered Shikcha no matter what, even if it is famous and even if it has two Seahs of olives on it left. However, according to the Tosefta, if it is a famous tree, then even if he began harvesting it and forgot to finish it, as long as it has two Seahs of olives left on it, it is not considered Shikcha. But by a regular olive tree the Mishna and the Tosefta agree that even if it has two Seahs on it left, once he forgot to finish it, it is considered Shikcha.

    However according to Talmud Yerushalmi (Peah 7:2, Daf 32a), and the Rambam (Mishna Peah 7:2, Kesheyihyeh) the Tosefta is not arguing on the Mishna, but is merely explaining it. The Tosefta clarifies that the law of the second Mishna about two Seahs is not referring to a regular olive tree, but it is rather referring to the famous olive tree mentioned in the first Mishna. And therefore, according to both the Mishna and the Tosefta, if the tree has both criteria, that it is famous, and it has two Seahs of olives on it, then even he began harvesting it and forgot to finish, then it is still not considered Shikcha. But if it has only one criterion, either it is famous, or it has two Seahs of olives left on it, but not both, then if he began harvesting it then it is considered Shikcha. However, if he did not begin harvesting it then it is not considered Shikcha.

    To avoid confusion I have presented here the details of this argument in the following chart. If the cell contains an X then it is considered Shikcha, but if it is blank then it is not considered Shikcha. The question mark (?) indicates that it is not clear what that opinion is in that particular case.

    Rash Mishantz

    Mishna

    Tosefta

    Did not begin harvesting

    Both

    Famous only

    Two Seahs only

    X

    ?

    Began harvesting and did not finish

    Both

    X

    Famous only

    X

    X

    Two Seahs only

    X

    X

    Talmud Yerushalmi and Rambam

    Mishna

    Tosefta

    Did not begin harvesting

    Both

    Famous only

    Two Seahs only

    Began harvesting and did not finish

    Both

    Famous only

    X

    X

    Two Seahs only

    X

    X

    It seems to me that Talmud Yerushalmi’s and the Rambam’s opinion makes more sense and fits in better into the language of the Tosefta, because according to their logic all of the cases are resolved, whereas according to the Rash Mishantz the case of if he did not begin harvesting and it is not a famous tree, but it has two Seahs of olives on it, remains unresolved.

  2. As I already mentioned, Mishna Peah 7:1 explains what a “famous” tree means. It may have a special name for which it is known, such as “oily” – a tree that in the end produces more olive oil than other trees, or that it is an “embarrassing tree”, because it embarrasses other trees with its overproduction of fruit. See Talmud Yerushalmi (Peah 7:1, Daf 31b). It may also be known after a location where it originated from, such as the Bet Shan tree, because it was originally brought from Bet Shan and planted in this farmer’s field. See Talmud Yerushalmi (Peah 7:1, Daf 31b) and Pnei Moshe (ibid. Bishni). Even if the tree does not have a special name, but it is still known for its production of large fruit, then it is considered “famous”. Finally, if the tree is known for its location, such as a tree growing next to a wine press, or next to a hole in the fence, and people refer to it by that location, then it is considered “famous” as well.

    The reason why a famous tree is not considered to be Shikcha is derived from a verse by Talmud Yerushalmi (Peah 7:1, Daf 31b). The Torah says (Devarim 24:19), “When you will harvest your harvest in your field and you will forget a sheaf in the field …” implying that the sheaf has to be forgotten forever. However, we assume that the farmer will eventually remember his famous tree, even if he forgot about it for a while, and therefore it is not considered Shikcha.

    Today there are a few such famous trees in the Land of Israel that are known by name. For example, the date palm Methuselah, named after the oldest person in the Torah, the only extant Judaean Date Palm cultivar that has been grown from a seed found in Herod’s palace in Masada during the excavations there in the mid-1960s. The seed was planted and germinated in 2005 by Professor Elaine Solowey from the Arava Institute for Environmental Studies, Kibbutz Ketura, Israel, and then transferred on November 24, 2011 into the ground on the territory of Kibbutz Ketura in the Arava desert in southern Israel, where it is growing today. See Sarah Sallon, Elaine Solowey, Yuval Cohen, Raia Korchinsky, Markus Egli, Ivan Woodhatch, Orit Simchoni and Mordechai Kislev, “Germination, Genetics, and Growth of an Ancient Date Seed”, Science, 13 June 2008, Vol. 320 no. 5882 p. 1464.

    Judean Date Palm, nicknamed Methuselah, growing at Kibbutz Ketura, Israel. July 8, 2012. Photo: Benjitheijneb, Wikimedia Commons.

    Among olive trees in the Land of Israel there are a few very old ones, known by special names. There is a very old tree known in Arabic as Zeitoun Ahmad Al-Badawi – Ahmad the Bedouin’s olive tree, or in short, Al-Badawi (البدوي), growing in the village of Al-Walaja, near Jerusalem and Bethlehem, in the West Bank. The tree is estimated to be a few thousand years old although no official scientific study has been conducted to verify what its age is exactly.

    Al-Badawi olive tree in the village of Al-Walaja, West Bank, Israel, near Bethlehem. Photo: stopthewall.org.

    There are 8 olive trees in Jerusalem on the Mount of Olives in the Garden of Gethsemane (גת שמנים – Gat Shemanim) at the Church of All Nations, on which a detailed study was done by the National Research Council of Italy Trees and Timber Institute CNR-IVALSA. C14 radio carbon dating verified that the current living tissue inside the tree trunks dates as follows: tree #1 – year 1198 CE, tree #4 – year 1092 CE, and tree #7 – year 1166 CE. Unfortunately, the tree trunks of all of the 8 trees are hollow inside due to their age, so there is no way to verify how old the trees really are, since the older material in their trunks is missing, but judging on the diameter of their trunks, which vary between 5-10 meters the trees are much older (probably 2000 – 3000 years old) than 900 years verified by radio carbon dating. See http://www.ivalsa.cnr.it/en/news/dettaglio-news/article/i-segreti-del-giardino-del-getsemani.html, accessed on September 21, 2014; and M. Kislev, Y. Tabak and O. Simhoni, “Identifying the Names of Fruits in Ancient Rabbinic Literature”, Leshonenu, vol. 69, p.279 (Hebrew).

    Italian research team taking samples from one of the 8 trees at the Garden of Gethsemane on August 23, 2010. Photo: CNR-IVALSA Trees and Timber Institute.

  3. It is not clear how to translate the phrase כְּזַיִת נְטוֹפָה בִּשְׁעָתוֹ (Kezayit Netofa Beshaato) due to a variation in the spelling of the word Netofa. In the Mishna, both in in the Kaufmann and Parma manuscripts, and in Talmud Yerushalmi (Peah 7:1, Daf 31a), in the Leiden manuscript, it is written הַנְטוֹפָה (Hanetofa), with a definite article “ה”, which means “the”. That changes the meaning of the word and implies that it is not a proper name, but rather a descriptor of the object. Therefore, Talmud Yerushalmi (Peah 7:1, Daf 31b) translates it to mean, “as an olive tree that sometimes drips [with oil],” meaning that this tree during some seasons produces a large amount of oil producing olives, more than other trees, which is what makes it special. However, in the Munich Manuscript of Talmud Bavli (Mishna Peah 7:1) and in both manuscripts of the Tosefta it is written נְטוֹפָה (Netofa), without the definite article “ה”, which implies that it is a proper name of a place. Therefore, the Rambam (Mishna Peah 7:1, Venetofa), and the Aruch (Nataf) say that both the Mishna, and obviously the Tosefta, are referring to a specific tree from a town called Netofa, which was famous for its olive production at some particular time in history, and they were called “the olives of Netofa”.

    The town of Netofa is mentioned in three places in the Tanach. In Shmuel 2, (Shmuel 2, 23:28-29) where it is described as being located on a hill. And in Ezra (Ezra 2:22) and Nechemya (Nechemya 7:26), where it implies that it was located next to Bethlehem in Judaea. During the Byzantine period it was called Metofa. Today it is an Arab neighborhood of East Jerusalem called Umm Tuba. Archaeological digs in Umm Tuba in 2006 and 2009 have confirmed that it is the Biblical as well as the Talmudic Netufa. See press release from Israel Antiquities Authority, “Greetings from Ahimelekh and Yehokhil, from Netofa in Judah”, February 23, 2009, http://antiquities.org.il/article_Item_eng.asp?sec_id=25&subj_id=240&id=1496&module_id=#as, accessed on September 21, 2014, and Zubair Adawi, “Jerusalem Har Homa Final Report”, Excavations and Surveys in Israel, Journal 120,  http://www.hadashot-esi.org.il/report_detail_eng.asp?id=866&mag_id=114, accessed on September 21, 2014.

    Terrain Map from Google Maps of Netofa from November 6, 2012.

    Netofa should not be confused with another place in Israel called Bet Netofa, which is located in the Lower Galilee in the Valley of Bet Netofa. The Bet Netofa Valley is mentioned in the Mishna (Sheviit 9:5) and in Midrash Rabbah (Bereishit Rabbah 79:6), as a place where Rebbi Shimon Bar Yochai visited during the Shemitah year, sometime at the end of the 1st, beginning of the 2nd centuries CE. Bet Netufa is known today as Churvat Bet Netufa (the destroyed Bet Netufa). The reason for its name (literally: the place of dripping) is explained by the Rambam (Mishna Sheviit 9:5). It is called The Place of Dripping because the ground gets very wet there during the rainy season.

    The Bet Netofa Valley as seen from Moshav Hararit. June 5, 2012. Photo: Ori, Wikimedia Commons.

    Terrain Map from Google Maps of Bet Netofa Valley from November 6, 2012.

    Ironically, in the towns surrounding the Bet Netofa Valley there are still many olive trees which are at least hundreds, and possibly thousands of years old, as their trunks are many meters in diameter. However, that does not really distinguish them from the olive trees in Netofa in Judaea, because the Al-Badawi olive tree is located near there, and it is possible that there used to be many more such old trees in that area as well.

    Old olive tree in Deir Hana, Israel near the Bet Netofa Valley. Photo: Kobi Zilberstein, Panoramio.

    It is not clear which Netofa the Tosefta is referring to, but since it does not mention the word “Bet” I would assume that it is talking about Netofa in Judaea.

    I have chosen to translate the word Netofa as a name of the specific location and not as a descriptive term since that is what the reading in the Tosefta manuscripts implies. It is not mentioned in any extant sources that the olives of Netofa in Judaea or Bet Netofa in the Galilee were extra special compared to other olives in Israel, but this Tosefta implies that there was at least one tree there which was very well known during some period in time and legends about it remained until the time of the Tosefta.

  4. For an explanation of what is a Seah and why the cutoff limit for any forgotten entity is two Seahs see above Tosefta Peah 2:13, note 7.

  5. Chazon Yechezkel (Tosefta Peah 3:14, Bezman Shelo Hitchil Bo and Harei Zeh Shikcha) explains that the difference between whether the farmer started harvesting that tree or not is in the technicality of what is being forgotten. If he did not begin to harvest the tree then the farmer forgot the whole tree and therefore since the tree is famous we assume that eventually he will remember it. But if he already harvested a part of the tree and he just forgot to finish harvesting it then he did not forget the whole tree, but rather he forgot individual olives on the tree and those olives are not famous by themselves, so we assume that he would not remember to go get those olives.

    To me this explanation is farfetched and does not make sense. It simply plays on a legal technicality of what has been forgotten, but in the mind of the farmer his famous tree is the same as the olives on that famous tree, so therefore it should not make a difference whether part of the tree has been forgotten or if it was the whole tree. Either way that tree is famous and we assume that the farmer will remember it.

    It seems to me that the difference whether he started harvesting the tree or not lies in the amount of olives that have been forgotten. All the laws in this Tosefta are not Torah laws. They are all Rabbinical laws. And even though Talmud Yerushalmi cites a verse to support the law of the famous tree it seems to be a regular Asmachta (a reference from the Tanach for a Rabbinical law). This can further be seen from the fact that the person in the Yerushalmi who mentions this derivation is Rebbi Lah, also known as Rebbi Ilah, whom I already mentioned earlier (see Tosefta 3:11, note 2) as someone famous for stating Asmachtas. During the 3rd century CE, when the Tosefta and the Mishna were written, the Rabbis wanted to protect the farmers from losing too much produce, due to bad farming conditions and rapid inflation. See above Tosefta 2:17, note 4. Therefore they made general rules about when the farmer will most probably lose too much produce and when he will only lose a little bit, which will not hurt him. If the farmer forgot to harvest a whole tree then we assume that that tree contains a large amount of produce, although unknown how much exactly, and therefore we allow the farmer to go back and harvest it. But if he already harvested a part of that tree then it depends how much he forgot on it. If he forgot two Seahs or more then we consider that a lot and the farmer may go back and get it. But if there was less than two Seahs then it is relatively insignificant and the farmer has to leave it for the poor. Of course, this law applies only if the tree is famous, so we assume that the farmer will remember it.

    However, if the tree is not famous then the minimum amount that  the farmer has to forget in order to be allowed to go back and harvest them, is at least three trees growing together, as stated in Mishna Peah 7:1. You may wonder, how come the Rabbis chose to protect the farmer more with a famous tree as opposed to a regular tree, since most trees in any given field are regular, not famous, trees? It seems to me that the Rabbis had to find a legal loop hole, such as the Asmachta of Rebbi Ilah, in order to create this extra protection, because they had to override the standard Torah law of Shikcha which says, that one or two forgotten entities, be they stalks, sheaves, trees, or grapes, are considered Shikcha, but not three. See above Tosefta Peah 3:10, note 1. Without this Asmachta they would need to follow the default law, which required at least three entities to be forgotten in order for them not be considered Shikcha.

    It should be noted that Mishna Peah 7:1 mentions the opinion of Rebbi Yossi who says that Shikcha does not apply to olives at all. Talmud Yerushalmi quotes Rebbi Shimon Ben Yakim, also known as Rebbi Shimon Ben Elyakim, a student of Rebbi Yochanan and a Palestinian Amorah of the 2nd generation, who explains that this was a special enactment made by Rebbi Yossi after the Bar Kochba rebellion, roughly in 135 CE, when the Roman Emperor Hadrian uprooted most trees in Judaea, or as the Yerushalmi puts it, “destroyed all of the Land of Israel”, which he used to build siege engines for the war. However, later, during Rebbi Shimon Ben Yakim’s time, about 50 years after the end of the Bar Kochba rebellion, when the trees grew back and olives were common again, that law did not apply. For various Talmudic sources about aspects of Rebbi Shimon Ben Elyakim’s life see Aharon Heiman, “Toledot Tannaim Veamorayim”, Volume 3, London, 1909, entry Rebbi Shimon Ben Elyakim, pp. 1156-1157. This clearly proves that the whole reasoning behind the laws in this Tosefta and its parallel Mishna is the protection of the farmers.

Tosefta Shiur on Wednesday Nights in Chandler, AZ

June 26, 2014 Leave a Comment

I am currently giving a shiur on the Tosefta that follows my edition in Chandler, AZ on Wednesday nights at 8:30 pm. The audio recordings of the shiur get posted every week on the Audio page. If you are in the Phoenix, AZ area and would like to join please contact me.

The Morning Bathers in Tosefta Yadayim 2:9

August 19, 2013 8 Comments

Someone contacted me and asked me to explain who were the Morning Immersers (aka Morning Bathers) mentioned in Tosefta Yadayim 2:9, and what is their relationsship to early Christians.

In this particular Tosefta Zockermandel’s edition makes a mistake in his quote of the manuscript (he was rushing to copy it in the Berlin library) and should not be used. Zuckermandel’s text of this Tosefta does not match the Vienna manuscript and or the first printed edition.  We are left with three variations of the text: Vienna manuscript, Venice First Printed Edition and the quote of this Tosefta from Rash MiShantz in his commentary on Mishna Yadaim 4:8. All other later printed editions are not reliable since they have not been edited from Tosefta manuscripts but rather from the Venice edition and other books like Talmud Bavli, so they often quote other Beraitot which are related in content but are different.

Now let’s look at this Tosefta. Here are the three quotes:

Vienna Manuscript:

אומרין טובלי שחרין קובלנו עליכם פרושין שאתם מזכירין את השם בשחרית בלא טבילה אומ’ פרושין קובלנו עליכם טובלי שחרין שאתם מזכירין את השם מן הגוף שיש בו טומאה.

Morning Immersers say, “We accuse you, Pharisees (Perushim), that you mention [God’s] name in the morning without [first] immersing [in the Mikveh upon waking up.]” Pharisees say, “We accuse you, Morning Immersers, that you [ever] mention [God’s] name using (literally: from) the body which has Tumah (ritual impurity) in it (i.e inside it).”

Venice First Printed Edition:

או’ טיבלני שחרית קובלני עליכם פרושין שאתם מזכירי’ את השם מן הגוף שיש בו טומאה.

Morning Immersers say, “We accuse you, Pharisees, that you [ever] mention [God’s] name using (literally: from) the body which has Tumah (ritual impurity) in it  (i.e inside it).”

Rash Mishnantz (Commentary on Mishna Yadayim 4:8):

אומרים טובלי שחרית קובלנו עליכם פרושים שאתם מזכירים את השם בשחרית בלא טבילה. אומרים פרושים קובלנו עליכם טובלי שחרית שאתם מזכירים את השם מן הגוף שיש בו טומאה.

Morning Immersers say, “We accuse you, Pharisees, that you mention [God’s] name in the morning without [first] immersing [in the Mikveh upon waking up.]” Pharisees say, “We accuse you, Morning Immersers, that you [ever] mention [God’s] name using (literally: from) the body which has Tumah (ritual impurity) in it  (i.e inside it).”

From a quick glance all versions make sense as far as something that these two groups might have said to each other, however after you look into it the Vienna manuscript (and Rash Mishantz) have the correct reading, and not just because they match each other. Let me explain how.

Who were these Morning Immersers? They were a Jewish (non-Christian) sect called by Justin Martyr (see Dialogue with Trypho 80) Baptist Pharisees and by Epiphanius (Panarion 1:11:1:1, 1-11:2:5) Hemerobaptists. Josephus (Life of Josephus 12) also mentions his Essene teacher, Bannus, who dipped in the Mikveh many times a day and night and could have been a Hemerobaptist. Eusebius (Ecclesiastical History 4:22) mentions Hemerobaptists as a non-Christian sect. An early Christian work, Clementina (from the 2nd century CE), (Homilies 2:23) mentions that John the Baptist and his disciples were Hemerobaptists. The Talmud Bavli (Berachot 22a) mentions that Hemerobaptists still existed during the time of Rabbi Yehoshua Ben Levi who lived in the 3rd century CE since he mentioned them and the Talmud implies that they were a Jewish sect, as Rash Mishantz (ibid.) understands. That means that all of the Christian sources about them are contemporary and not just historical.

Now what’s the halachic problem that this argument between Hemerobaptists and Pharisees is about? This depends on whose point of view this argument is explained from. We only have an official record of the explanation from the Talmud Bavli, which is the point of view of the Pharisees. However, the Essenes and the Morning Bathers themselves would have explained it totally differently.

The Gemara’s (based on Berachot 22a) explanation is as follows. A man at night may have become a Baal Keri (had a seminal emission). That means that according to the Halacha of the Pharisees he did not require to immerse in the Mikveh in order to be able to pronounce God’s name, but rather he only needed to have 9 Kavs of water dumped on him from a bucket. This was the law during Temple times as attested in Talmud Bavli (Berachot 22a), since it’s originally quoted in the name of Nachum Ish Gamzu who lived before the Temple’s destruction. However the Hemerobaptists required that a man who had a seminal emission had to immerse in the Mikveh. So the Hemerobaptists accused the Pharisees that they mentioned God’s name in the morning while being ritually impure due to seminal emissions. However the Pharisees replied back to Hemerobaptists with an insulting facetious comment. They said that how can Hemerobaptists ever say God’s name since their bodies are ritually impure inside, meaning in their souls, because they do not follow Rabbinic instructions. The Pharisees did not mean it to be a serious reply. They simply wanted to insult the Hemerobaptists and make fun of them. Now that we understand it that way, then as you can see the version of the Venice Printed Edition does not make any sense. It quotes that the Hemerobaptists insult the Pharisees with a facetious comment, and that does not make any sense, since the Hemerobaptists took their Mikveh immersions very seriously and would not insult anyone about it. Also it does not make sense that the Tosefta would mention the quote of one group without the reply of the other.

It is interesting that by the 4th century CE many Rabbinic Jews started following the rule of Hemerobaptists and started immersing in the Mikveh in the morning if they had a seminal emission, as quoted by Talmud Bavli (Berachot 22a) in the name of Rabbi Chanina. The anonymous voice (Stama) of the editors of the Talmud itself has forgotten about the existence of Hemerobaptists and only knows the current practice of when it was compiled, which had regular Rabbinic Jews immersing in the Mikveh for seminal emissions, and therefore it praises it as a great stringency. But eventually that practice died out as well and has not existed until the Hassidic movement in the 18th century. It seems that it only was practiced in the Land of Israel and once the Jewish centers of learning moved to Babylonia in the 5th century CE that practice died out. As time went on the same practice changed its reasons and appeal to different groups. So during Temple times Pharisees were against these morning immersions. But by the 4th century they were for them. There are Orthodox Jewish sects today who still have the practice of daily immersion, such as Lubavitch Hassidim. Their men immerse in the Mikveh every morning, even on Shabbat. As far as I know they are the only ones who do this as a group. From my discussions with them they don’t do it because of Baal Keri, but rather because of a general purification for no apparent halachic reason.

However, this whole practice from the point of view of the Essenes and the Morning Bathers themselves had a totally different meaning. Essenes and similar groups were always paranoid that they may not have noticed how they became impure, so just in case they kept on immersing. Also they had additional more esoteric reasons for their immersions. They believed that immersion in the Mikveh purified sin and therefore was required all the time, not as a halachic rule, but rather as spiritual purification from spiritual problems. For various sources from the Dead Sea Scrolls that attest to this belief and their comparison to the views of the Pharisees in the Talmudic literature see Hannah Harrington, The Purity Texts, Bloomsbury T&T Clark, 2007.

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