Moed Katan 16a — the Talmud in English

This is his tenth of an ephah,

which the ordinary kohen brings when he comes to be initiated into the service for the first time.

And he must bring it only when he is pure, and he cannot send the tenth of an ephah when he is impure.

The words of Rabbi Yehuda.

Rabbi Shimon says:

This may be learned from the words of Scripture in the Book of Ezekiel [chapter 44

“When he enters

he shall offer.”

When he is fit to enter

he is

fit

for offering.

But

when he is not fit to enter—

he is not fit for offering. .

And from impurity from a corpse it is learned regarding the impurity of a person afflicted with tzaraat, that he cannot send his offering while he is impure with the impurity of tzaraat.

And since the Gemara was occupied with the matter of one placed under a ban, the Gemara now explains the stages that bring a person to being placed under a ban.

Rava said: From where do we know that we establish a place

for the hearing of the plaintiff’s claim, and

send

and dispatch

an agent of the court

to the defendant, that he should come to court?

As it is written [Numbers 16], “

“

And Moses sent to summon Dathan and Abiram, the sons of Eliab.”

And from where do we know that we summon

the defendant

to judgment?

As it is written [Numbers 16], “

“

And Moses said to Korah: You and all your assembly.”

And Moses was the agent of the Holy One, blessed is He, to summon Korah and his men to judgment.

And from where do we know that the court sends an agent to summon him to stand in judgment

before

before

a great man?

As it is written [Numbers 16], “

“

Before the Lord.”

And from where do we know that they summon

you and so-and-so,

for two people to come together?

As it is written “

You, and they, and Aaron.”

And from where do we know

that we establish a time

for the hearing?

As it is written “

Tomorrow.”

And from where do we know that they establish

a time after a time

if the defendant did not come at the first summons?

As it is written [Jeremiah 46], “

As it is written [Jeremiah 46]: “

They called there: Pharaoh, king

of Egypt is but a noise; he has let the appointed time pass.”

And from where do we know that if he is insolent

the defendant insulted and affronted

the

honor of

the agent of the court, and he comes

and the agent returned and came

and said

to the court that the defendant insulted him, that the court may accept the agent’s words, and

it is not apparent

and the matter does not appear

as

acceptance of

evil speech

by the court?

As it is written [

Numbers 16], that Dathan and Abiram said to Moses’ agent: “

Will you gouge out the eyes of those men?”

And if Moses was not permitted to listen to the agent, since this was evil speech, how did Moses know that they had said this?

And from where do we know that we place under a ban

one who does not come to judgment or one who does not obey the court’s ruling?

As it is written [

Judges 5], “

Curse Meroz,”

because they did not come when Barak son of Avinoam called them to go to war, and Barak was a judge of Israel.

And from where do we know that one must tell the person whom they place under a shamta that he is under a ban because

this is

the

reasoning of a great man,

that he should be placed under a ban, and they tell him which sage holds that he should be placed under a ban?

As it is written “

The angel of the Lord said.”

And from where do we know that we place under a herem

that they proclaim regarding him, “Cursed

as it is written

regarding Meroz, who did not come to participate in the war: “

C

u

rsed be he who is cursed.”

And from where do we know that they also place under a herem one who

eats and drinks with him

together with the person under the ban,

and stands

and one who stands

within his four cubits—

as it is written “Curse the one who

is seated

in it.”

And from where do we know that we detail his sin

and specify and publicize the sin of the person under the ban

in public?

As it is written [

Judges 5], “

For they did not come to the aid of the Lord.”

And Ulla said: With four hundred shofar blasts

shofars

Barak placed Meroz under a ban.

Some say:

Meroz was not a city, but

a great man

named “Meroz”

was.

And some say:

Meroz

was a star,

and it was Sisera’s fortune-star.

As it is stated [

Judges 5], “

From heaven the stars fought,”

for there was a war of stars against Sisera’s fortune-star, called Meroz.

And from where do we know that we declare his property ownerless

belonging to one who refuses to obey the instruction of the Sages?

As it is written [

Ezra 10], “

And whoever does not come within three days, according to the counsel of the officers and elders—

all his property shall be confiscated.

And he shall be separated from the congregation of the exile.”

And from where do we know that we wage war,

that they fight and strike,

and curse,

and curse,

and strike,

and beat,

and pull out hair,

and pull out hair,

and impose an oath,

and impose the severity of an oath, in order to compel a person to obey the instruction of the Sages or the instruction of the court?

As it is written

in the Book of Nehemiah, when Nehemiah fought with the men who had married foreign women and demanded that they divorce them [chapter 13], “

And I contended with them, and cursed them.

And I struck some of the men, and pulled out their hair, and imposed oaths upon them.”

And from where do we know that we bind

his hands and feet,

and imprison,

that they tie him to a pillar in order to flog him,

and perform “

pursuit” [

will be explained below]?

As it is written [

Ezra 7], “

Whether for death, whether for banishment, whether for confiscation of property, and for imprisonment.”

What is “

banishment”?

Adda Mari said that Nehemiah bar Barukh said that Rav Hiyya bar Avin said that Rav Yehuda said: Pursuit.

What is “

pursuit”?

Rav Yehuda, son of Rav Shmuel bar Shilat, said in the name of Rav:

That he

is placed under a ban

him

immediately.

And they repeat

placing him under a ban a second time

after thirty

days,

and place him under a herem

him with “cursed”

after sixty

days, if he remained in his rebellion.

Rav Huna bar Hinena said to him: Thus said Rav Hisda: They warn him

to obey the judgment three times, on the days of

Monday, Thursday, and Monday.

And

these words

that they warn him three times apply

to

the matter of

money,

to pay his debt.

But in a case of insolence,

when he disgraces Torah scholars,

immediately

they place him under a ban.

There was a certain butcher,

the owner of a butcher shop,

who was insolent toward Rav Tovi bar Matana,

disparaging his honor and refusing to obey his judgment, which required him to pay the person who had sued him.

They counted

they convened

Abaye and Rava among those who placed him under a ban, and they placed him under a ban.

In the end he went

the butcher and

appeased his litigant.

Abaye said

who was among those who had placed him under a ban:

What should he do?

Should we release him,

it is impossible to permit his ban, since still

the shamta has not rested upon him for thirty days,

and there is no ban for less than thirty days!?

Should we not release him—

the Sages wish to enter

to him, for they needed to buy meat from him.

He said to

Abaye

to Rav Idi bar Avin: Is there anything

that is,

have you heard

anything

regarding this

judgment?

He said to him: Thus said Rav Tahlifa bar Avimi, who said that Shmuel said: “Tot”,

the shofar with which they proclaimed the ban,

prohibited

him,

and “tot”

that same shofar

permits,

it may also release him! That is, the one who has the power to impose his ban also has the authority to release him, even if thirty days have not passed.

He said to him

Abaye:

These words

that it is possible to release the ban within thirty days apply if the ban was imposed in relation

to money.

But

a ban

for insolence

cannot be released

until the shamta has rested upon him for thirty days,

and here we imposed a ban upon him as a result of insolence.

And the Gemara infers from the fact that Abaye himself took pains to clarify whether he could release him that only the one who imposed the ban may release him, and not another person:

Apparently, Abaye holds

that

these three who placed him under a ban—

three others cannot come and release him.

For they raised a question before them: These three who placed him under a ban,

three who placed a person under a ban—

what is the law regarding three others coming,

whether it is possible for three others to come

and release him,

and release his ban, or perhaps specifically those first three who placed him under a ban must release him?

Ta shma: one under nidui to a rabbi,

who was placed under nidui because he struck at the honor of the rabbi, behold, he is

under nidui

also

to a student,

that is, everyone is obligated to treat him as one under nidui.

But if he was

under nidui to a student,

who incurred nidui for striking at the honor of the student,

he is not under nidui to the rabbi,

for the rabbi is not obligated to treat him as one under nidui, and it is permitted for the rabbi to draw near to him .

One under nidui to his city,

whom the people of his city placed under nidui, is completely under nidui, and he is

under nidui

even

to another city.

But one whom the people of his city did not place under nidui, but who was

under nidui to another city—

is not under nidui to his city.

One under nidui to the Nasi,

for striking at his honor—

is under nidui to all Israel.

One under nidui to all Israel—

is not under nidui to the Nasi.

Rabbi Shimon ben Gamliel says: One of the students who placed himself under nidui

for his honor together with other students who placed themselves under nidui with him for striking at their honor,

and died—

his portion

of the deceased student

is not released,

and one must treat him with nidui.

Learn from it three things:

Learn from it: a student who placed himself under nidui for his honor—

his nidui is nidui .

And learn from it: each and every one

of those placing under nidui must be

one who releases his portion .

And learn from it: these three who placed [him] under nidui—

three others do not come and release him.

Ameimar said: The halakha: these three who placed [him] under nidui—

three others come and release him .

Rav Ashi said to Ameimar: But it was taught in a beraita: Rabban Shimon ben Gamliel says: One of the students who placed [him] under nidui and died—

his portion is not released.

And Rav Ashi deduces:

Is it not—

not released at all!

That is, there is no release for him, because the one who placed him under nidui must release him, and now he is dead.

Ameimar said to him:

No,

this is not so. Rather, it is not released

until three others come and release him .

The Sages taught: nidui is no less than thirty days

, and nezifa is no less than seven days .

And although there is no proof for the matter—

there is

an indication for the matter: as it is said [Numbers 12]

[Numbers 12]:

“And his father would surely have spit in her face

[which is akin to nezifa]—

would she not be humiliated for seven days!”

Rav Hisda said: Our nidui,

of the people of Babylonia, is

like their nezifa,

of the people of the Land of Israel. And since it was established that nezifa is seven days, as in the incident of Miriam, therefore, nidui in Babylonia is seven days .

And we challenge:

A

is

their nezifa,

of the people of the Land of Israel, only

seven

days alone,

and no more.?

But Rabbi Shimon the son of Rabbi and Bar Kappara were sitting and studying, and a matter was difficult for them.

Rabbi Shimon said

the son of Rabbi

to Bar Kappara: This matter needs Rabbi.

We need to go to Rabbi [Rabbi Shimon’s father], so that he will explain and resolve for us the difficulty in the sugya.

Bar Kappara said to Rabbi Shimon: And what does Rabbi say about this matter!?

That is, there is no Rabbi in the world who can explain this matter to us.

He went

Rabbi Shimon the son of Rabbi, and

said to his father

the words of Bar Kappara. And he said this innocently, and not as one who goes about spreading gossip [Rashi] .

Rabbi became angry

over the slight to his honor.

Bar Kappara came to show himself to him.

Bar Kappara came to visit Rabbi, who was ill.

He said to him

Rabbi:

Bar Kappara, I have never known you!

And by this he hinted to him about his anger, and that he did not want him to remain in his presence, but rather to leave the place .

Bar Kappara knew

Bar Kappara

that Rabbi had taken

Rabbi

a matter into his mind,

that he was angry with him in his mind, and therefore

he conducted himself with nezifa toward himself for thirty days.

And

again

an incident occurred involving Rabbi’s anger, which led to receiving nezifa:

Once, Rabbi decreed that they should not teach students in the marketplace

in public, but only in private.

What did he expound?

He expounded the verse in Song of Songs [chapter 7] “

The hidden parts of your thighs—

like jewels.”

Just as the thigh

needs to be found

in secret,

for they are obligated to cover it with a garment,