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Treatise II. On The Sabbatical Year Chapter VII, The Talmud

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The Talmud, by Joseph Barclay, [1878] 1. The Sages stated an important rule: "In the Sabbatical year, everything eaten by man and eaten by beast, and a kind of dye-stuff, and whatever cannot remain in the ground, to them the laws of the Sabbatical year apply, and to their value the laws of the Sabbatical year apply. They are to be cleared off from being private property, and their price is to be cleared off from being private property." 1 "And which are these?" "The leaves of the deceitful scallion, and the leaves of mint, succory, and cresses, and the leek, and the milk-flower." 2 "And what is eaten by beasts?" "Thorns and thistles and a kind of dye-stuff, sprouts of indigo and madder. To them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply. They are to be cleared off from being private property, and their price is to be cleared off from being private property." 2. And again, the Sages stated another rule: "All which is not eaten by man nor eaten by beasts, and a kind of dyestuff, and whatever remains in the ground, to them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply, but they are not to be cleared off from being private property, nor is their price to be cleared off from being private property." "And which are these?" "The root of the deceitful scallion, and the root of the mint, and scorpion grass, 3 and the bulbs of the milk-flower, and the spikenard, and a kind of dye-stuff, the dye-plant, and the wormwood,—to them the laws of the Sabbatical year apply, and to their price the laws of the Sabbatical year apply. They are not to be cleared off from being private property, nor is their price to be cleared off from being private property." Rabbi Maier said, "their prices are to be cleared off from being private property till new year's day." The Sages said to him, "if they are not to be cleared off from being private property, it is immaterial about their prices." 3. "The peelings and flower of the pomegranate, the shells and kernels of nuts?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." The dyer may dye for himself, but he must not dye for pay, because men must not trade in fruits of the Sabbatical year, nor in the first-born, nor in heave-offerings, nor in carcases, nor in that which is torn, nor in abominations, nor in creeping things. And one must not buy greens of the field and sell them in the market. But one may gather them, and his son may sell them on his account. He may, however, buy for himself, and he is allowed to sell what is superfluous. "He bought a first-born animal for a feast for his son, or for a holiday, and has no need of it?" "He is allowed to sell it." 4. "Hunters of wild animals—birds and fishes—who chanced to find sorts that are unclean?" "It is allowed to sell them." R. Judah said, "if a man become possessed of them in his ordinary way, he may buy and sell them, excepting that such shall not be his practice." But the Sages "disallow them." 5. "The shoots of vines and of the locust-trees?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." They are to be cleared off from being private property, and their prices are to be cleared off from being private property. "The shoots of the oak, and the nuts, 1 and the blackberries?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." They are not to be cleared off from being private property, and their prices are not to be cleared off from being private property. But their leaves must be cleared away to become public property, as they fall down from their stems. 2 6. "The rose and the carnation and the balsam and the chestnut?" "To them the laws of the Sabbatical year apply, and to their prices the laws of the Sabbatical year apply." R. Simon said, "there is no Sabbatical year for the balsam, because it has no fruit." 7. "A new Sabbatical rose which one steeped in old oil?" "One may pick out the rose." "But an old rose in new oil?" "One is bound to clear it off from being private property." "New locust fruit which one steeped in old wine, and old (fruit) in new (wine)?" "Men are bound to clear them off from being private property." This is the rule: everything which produces taste one is bound to clear off from being private property, sorts that are different and sorts that are the same, however little they be. The laws of the Sabbatical year disallow however little of its own sort, and in different sorts that which produces taste. 1 74:1 i.e. They become common property, and are to be depastured by cattle (Lev. xxv. 7). 74:2 Perhaps "the star of Bethlehem." 74:3 A spiral grass growing on the palm tree (?). 75:1 Arabic, Fûstûk. Pistachio nuts. 75:2 See Cha. 6. 76:1 This refers to the examples already given of a rose in oil, or locust fruit in wine.