Things of Specified Measure
Ahron Shemesh
The well-known mishnah at the beginning of tractate Peah reads as follows:
??? ????? ???? ??? ????? ???? ???????? ??????? ??????? ????? ?????? ????' The
plain meaning of this statement is that these commandments have no fixed or
minimum measure. However, the statement that pe’ah has no measure is
in apparent contradiction with the mishnah that follows:
??? ?????? ???? ?????. ???"? ????? ??? ???? ????? ??? ??? ???? ???? ????
??? ?????' ???? ??? ?????. (?? ?, ?)
The opening of this mishnah clearly states that pe’ah has a measure,
one-sixtieth. As seen from the following baraita the tannaim debated how to
solve this ostensible contradiction, suggesting that although peah has a specified
lower limit it has no specified upper limit.
????? ???? ??? ????? ????? ???????? ??????? ??????? ????? ?????? ????.
????? ?? ?? ????? ????? ???? ?? ????? ??????. (?????? ??? ?, ? [?????? ??????
??' 41])
This proposal’s weakness is readily apparent. By establishing a lower
limit for peah alone, it differentiates peah from the remaining items mentioned
in the mishnah, which have neither lower nor upper limits. Apparently this
explanation did not win acceptance and PT cites two opposing baraitot on this
matter:
'????? ?? ?? ????? ????? ???? ?? ????? ??????, ???????? ?????? ??? ??? ?????
?? ?????? ??? ?????. ??? ??? ???: ????? ????????? ?????? ??? ??? ????? ?? ?????
??? ????' (??? ?, ? [?? ?"?]).
Notice, that there would be no room for the second baraita (which emphasizes
that they have no measure, minimum or maximum) except in objection to the stance
taken by the first baraita, which parallels the tosefta.
Therefore it seems more likely, as suggested to me by Shlomo Naeh, that the
words ??? ?????? ???? ????? are a later addition, and that the mishnah originally
opened with “And even though they said, ‘Peah has no [specified]
measure’, [the quantity designated] should always accord with the size
of the field.” Accordingly, what we see here is, as in many other cases,
a development over time: the initial halakhah was that peah has no measure;
later halakhah set a minimum measure of no less than one-sixtieth. Indeed,
establishment of uniform measures is a characteristic feature in the development
of tannaitic halakhah.
In the following I shall examine the relevant halakhic sources from the Dead
Sea Scrolls alongside some rabbinic parallels and establish the existence of
obligatory measures in Qumran halakhah for four of the five items mentioned
by the mishnah; the only exception is the ????? which is not mention in the
Halakhic literature from Qumran probably due to the sectarian objection to
the Temple and its priests; their view of the Temple as currently impure prevented
them from carrying out this commandment.
Moreover, I will demonstrate that just as peah had a measure in actuality,
so too the other four items mentioned there; several tannaitic sources (some
of which testify to the early second temple period) indicate that these items
as well had operative measures. Thus, the above-mentioned solution is not entirely
satisfactory, and the explanation that the first two mishnayot in Peah reflect
early and late halakhah is problematic. In the conclusion I submit a new suggestion
to solve this problem.
Peah
Peah is but one of four gifts to the poor designated in tannaitic doctrine:
[????] ????? ????: ??? ???? ???? ???????. ??? ??????: ??? ???? ????. ????
?????: ???? ????. (?????? ??? ?, ?? [?????? ?????? ??' 47-48])
How did the rabbis arrive at this halakhic structure? The obligation to leave
some produce from the harvest appears first in Lev. 19:9-10:
??????? ?? ???? ?????
?? ???? ??? ??? ???? ???? ????? ?? ????.
????? ?? ????? ???? ???? ?? ????
???? ???? ???? ???? ??? ?' ??????'.
Each of these two verses contains two injunctions: the first verse relates
to produce from the field and the second to produce from the vineyard.
Somewhat different is the commandment to give gifts to the poor found in Deut.
24:19-22:
?? ????? ????? ???? ????? ???? ???? ?? ???? ????? ??? ????? ??????? ????, ????
????? ?' ????? ??? ???? ????.
?? ????? ???? ?? ???? ????? ??? ????? ??????? ????.
?? ????? ???? ?? ????? ????? ??? ????? ??????? ????.
????? ?? ??? ???? ???? ?????, ?? ?? ???? ????? ????? ?? ???? ???.
Only one injunction is mandated for each type of produce in these verses.
However, as distinct from Leviticus, in Deuteronomy we find mention not only
of the field and the vineyard but also of olive trees.
Summation of the two pericopes elicits three prohibitions that apply to produce
in the field: the obligation to leave the edges uncut (peah), the prohibition
against picking up gleanings (leqet), and the prohibition against coming back
for a forgotten sheaf (shikheha). These three elements are the ones mentioned
in tPeah 2:13, expended by the halkhah to apply to other types of produce as
well.
The surprising feature in the rabbinic system is the fourth gift in the vineyard:
??????. The structure of the verses in Leviticus clearly shows that ???? ??
????? parallels ?? ???? ??? ???, just as ??? ???? ?? ???? is the vineyard parallel
to ??? ????? ?? ???? in the field. Interpreted thusly, ?? ????? derives from
??"? in the meaning of acting strictly, i.e., to harvest the grapes completely.
The rabbis, however, interpreted this word differently, as meaning ‘small’,
‘nursling’,
reaching thereby the explicit conclusion in mPeah 7:4 that this refers to any
cluster which is not fully formed: ?? ???? ?? ?? ??? ??? ???. As a result,
the poor enjoy four gifts in the vineyard: ???, ????, ??? ???????.
This maximalist reading of the pentateuchal pericopes on gifts to the poor
is not the only possible one. Josephus’s account of these commandments,
will illustrate my claim.
Ant. 4.230-32
When reaping and gathering in the crops ye shall not glean, but shall even
leave some of the sheaves for the destitute, to come as a godsend for their
sustenance; likewise at the vintage leave the little bunches for the poor,
and pass over somewhat of the fruit of olive-yards to be gathered by those
who have none of their own whereof to partake.
Josephus’ description seems to be very general: Scripture commands leaving
some produce from the field, vineyard, and olive harvest for the poor. Is Josephus’ description
superficial and deficient, or does it perhaps reflect a tradition which did
not distinguish between the different types of “gifts” for the
poor, understanding the biblical pericopes as a single obligation to leave
produce of all species for the poor in a manner consistent with the type of
produce? Analysis of the following Cave 4 passage from the Damascus Document
supports, in my opinion, this second possibility.
[?? ????] ?????? ???? ?? ???? ??????
?????? ??? ???? ?? ??? ???? ????. ???? ??? ????
??? ?? ????? ??? ??? ?? ??????? ?? ???? ?[?????]
?????? ???? ???? ?????? ?? ???? ??? ???? ???
??????? ???? [???? ]?? ??? ???? ???? ?? ???
???? ????? [????] ???? ???? ??? ????? ?? ??? ?????
??? ??? [???] ??? ???? ???? ??? ????? ?? ?????
[???]. (4Q270 frg.3ii, DJD 18, p.147)
The passage explicitly mentions three gifts and their measures: (1) [the single]
grapes may be up to te[n berries]; (2) [and all the gleanings] up to a seah
per bet seah; and (3) the remnants of the olive harvest… is [one out
of [thi]rty. These three presents relate to the three main types of crops
mentioned in the Pentateuch. The first rule relates to grapes in a vineyard,
the second relates to crops in the field and the last specifies the olive
harvest. The fact that we find only one halakhah for each type of crop indicates
that the Qumranic halakhic tradition resembled that of Josephus, as opposed
to the rabbinic traditions. The former does not distinguish between the language
of the different pentateuchal commands, interpreting all the verbs in the
pericopes in Leviticus and in Deuteronomy in one connotation; namely, that
it is forbidden to collect the harvest completely. The changing feature is
the manner in which the gift is given in accord with the nature of the crop
in question; the present from the vineyard is in the form of ??????; and
from the olive tree produce one should leave to the poor one out of thirty.
As for the present from the field it is said: ??? ???? ?? ??? ???? ???. This
is in my opinion, the general halakhic wording of the commandment ?? ????
??? ??? ???? ????? ?? ????, translated by Qumranic halakhah as the obligation
to leave the poor one seah of produce per bet seah. Interpreted thusly, leqet
here resembles peah in rabbinic halakhah and has a fixed measure. This reading
differs from that of Baumgarten. Counting on the use of the word ???, and
on the phrase ?? ??? ???? ??? Baumgarten reads this injunction as a maximum
measure for gleanings. Accordingly, the poor are allowed to follow the harvesters
and to collect what falls up to a seah per bet seah.
Whereas it is correct that leqet is usually refer in rabbinic language to the
fallen sheaves to be left for the poor, and that this was the nature of this
gift in ancient times as conveyed by the biblical story of Ruth following the
harvesters (Ruth 2), it is not imperative that it carry this meaning in CD.
Even in rabbinic literature we find instances in which the verb ??"? is
used to describe the gathering of other gifts to the poor and is not restricted
to leqet per se. The best example is mPeah 4:9 that speaks of ?? ???? ?? ????.
Similarly, we find in rabbinic literature the expression'?? ????' as referring
not to the upper limit but to the required measure. The sugia from PT cited
bellow, after establishing the maximum amount one may spend for charity as
one fifth of his possessions, requires for the minimum amount using the words “??
????”.
It may then be that ???? ???? in this Qumran halakhah relates to the gifts
left for the poor in advance and not to what is left after the fact. The advantage
of this proposal is that the halakhah in question regarding the field then
parallels the first halakhah that treats the vineyard and the third halakhah
that deals with the olive crop.
In summation we can then say that the Qumranic tradition has set measures for
the presents donated to the poor from the produce being harvested. The main
distinction between this halakhah and the rabbinic one is that in Qumranic
halakhah we find one gift, whereas rabbinic halakhah distinguishes between
various types: ???, ????, and ??? .
??????
Before leaving this subject one short comment on ?????? is in order here. As
mention earlier the expression ?? ????? appears in both Leviticus and Deuteronomy.
From the context in both passages, the meaning of the phrase is not to pick
the vineyard bare, in the connotation of acting violently or strictly—??????.
Yet, we find both tannaitic and Qumranic halakhah diverging from the plain
meaning of the text and interpreting ???? in its connotation of small. Although
the practical definition differs in each case--in the mishnah we find it as
any cluster without a shoulder or a pendant, whereas at Qumran the definition
is up to ten berries--nevertheless, linguistically the meaning is the same.
This then is an example of an early exegetical tradition shared by sectarian
and by rabbinic halakhah. The difference between the two is that in Qumran
halakhah ?????? are the only gift given to the poor from the vineyard produce,
while in rabbinic halakhah, ?????? are to be given in adition to other categories
of gifts, ???, ???, and ????.
Bikkurim
In a forthcoming article on the laws of the firstfruits in Qumran I argued
that as opposed to rabbinic halakhah’s distinction between terumah
and bikkurim and its requirement that two separate gifts be given to the
priests from the crops, Qumran halakhah did not distinguish between biblical
????? and ?????, requiring but one gift - firstfruits. Here I shall focus
only on the question of the “measure,” namely the required size
of the gift of firstfruits.
This is, so I suggest the subject of the following passage from the Cave 4
documents of CD. Prof. Elisha Qimron, who is preparing a new edition of the
Damascus Documents kindly provide me with his reading and reconstructions suggestions
of this passage. Here I present you with his reconstruction, along with several
suggestions of my own marked by bold letters:
????? ???? ?? ?????? ?? ??[? ?? ???? ???? ??]???
[???? ??]?? ?[??? ??] ????? ???? ???? ??? ?????. [????? ???? ???]???
[???? ???? ?????? ???? ???? ???]?? ???. ?? ???? ??? ????? ??? [??]? ?? ????
[?? ?]???? ??? [?? ???]? ??? [???? ?]?? ???? ??? ????? [????]??? ?? ???
[???]? ????????
Three textual facts form the basis for the reconstructions suggested here and
for my interpretation of this passage: (1) three types of produce are mentioned
in these lines: ????, ?[?], ?[?]?? ???; (2) the passage deals with some sort
of present to the priests as shown by the reference made to them ??? ?????
[????]??? , and (3) the measure for the gift from the threshing floor is
isaron . Mentioned scores of times in Qumran literature, without exception,
isaron refers to a measurement equivalent to one-tenth of an ephah. On this
basis I conclude that the size of this gift is predetermined and that it
is not a proportional gift from the crop.
What then is the present from the threshing floor whose measure equals an isaron?
In my opinion, it is the firstfruits from the grain and it is based upon the
biblical paradigm of the omer. Concerning the omer Scripture states: “When
you enter the land…and you reap its harvest, you shall bring the first
sheaf of your harvest to the priest” (Lev. 23:10). The measure for the
omer is an isaron, as Scripture states: “The omer is a tenth of an ephah” (Exod.
16:36). The measure for private offerings of firstfruits then equals that of
the public offering.
If this is the case, the continuation of the halakhah also treats firstfruits:
the firstfruits of the wine and oil. It is well known that three firstfruit
festivals were celebrated in the Qumran calendar: for grain, wine, and oil.
The Temple Scroll mandates that on the Festival of the First Fruits of Wine
four hins shall be brought from all the tribes of Israel, a third of a hin
for each tribe (19:14-15), and that on the Festival of the First Fruits of
Oil, each tribe shall bring half a hin of oil (21:15-16). The reconstruction
suggested here for the remainder of the text is based on the assumption that
for each of these types of bikkurim the amount of the private offering is equivalent
to the public one. Consequently, for the firstfruits of oil and wine one must
measure a hin (one-sixth of an ephah or bat) from the press. From this hin
one must measure a third of a hin for wine and half of a hin for bikkurim of
oil. According to the proposed reconstruction, the halakhah adds to the treatment
of oil, the law of fruit-bearing trees. Evidently, the law refers to fruits
from which juices were extracted (pomegranate or date juice) and establishes
the amount of bikkurim as one-half hin, as for oil, and not one-third as for
wine. This reading harmonizes with the halakhah of new produce found in line
4: “Let[ no ] man eat [from the fie]ld and from [the vineyard and] from
the garden before [the prie]sts stretch forth their hand [to ble]ss first.” Three
types of habitats appear here: field (??? ) vineyard (???) , and garden (???).
Field per se is an unirrigated one, generally used to grow grains. ??? is the
habitat of the grape and the olive and like the field is not irrigated. The
garden, on the other hand, receives irrigation on a regular basis. Although
??? per se usually refers to a vegetable garden, several types of trees, such
as pomegranates, nuts, and dates, were grown in gardens (orchards). Indeed,
juices can be extracted from these crops as well: pomegranate nectar, nut oil,
and date liquor.
Summing up, we can state that as opposed to the mishnah’s statement that
bikkurim “have no [specified] measure,” Qumran halakhah sets an
exact measure for this offering. Nonetheless, the tannaitic traditions do not
provide an entirely unequivocal picture. The tradition that bikkurim have no
set measure appears in yet another mishnah: ?? ?????? ?????? ?? ???? ?? ???????:
??????? ?????? [...] ??? ??? ????, [...] ?? ???? ?? ???????
However, another tradition is found in the following two baraitot:
??? ???????? ??? ????? ????? ??? ??? ????? ????? ???? ??? ????'. ??? ?' ??????
???????? ??? ????? ???? ??? ????? ????? ??? ??? ????? ????? ???? ??? ?????
????? ???? ?????? ??????? ???? ??? ?????' (???????, ??????? ?, ? [?? ?"?]).
According to this tradition, the rabbis equalized the amounts for bikkurim,
peah, and terumah, making the standard measure for them one-sixtieth, even
though Scripture established no specified measure.
?????? ?????
The PT explains that Gemilut Chasadim in the mishnah refers to works of kindness
with one’s body and not to charity. This is because according to the
tradition received by the amoraim, charity does have minimum and maximum measures.
Though these traditions are relatively late (the upper limit was established
in Ushah and the lower limit by the amoraim) it is not surprising to find that
the institution of obligatory charity appears already in qumranic halakhah.
In the following Cave 4 passage from CD we read:
??? ??? ????? ????? ?? ??????. ??? ??? ???? ??? ??? ?????? ????? ?? ?? ?????
???????? ???? ???? ??? ???? ????? ?????? ??? ??? ?????? ????? ??? ???? ?????
??? ????? ????? ???? ???? ??? ??????? ??? ??? ?? ???? ????? ??? ??? ?? ????
[??]??? ????? ???? ??? ???? ??? ???? ????. (???? ???? ??, 12-15)
This brief passage describes a multipartite communal social services network.
The amount of tax set is ??? ??? ???? ??? ??? ??????. Thus, charity has a minimum
amount but no maximum. It is unclear whether these two days of wages represent
a fixed rate or were relative to the personal revenues of each member of the
community. Charlotte Hempel notes that, in the version of the passage found
in 4Q266, the words ??? ???? are missing and suggests that the law in question
underwent development: at first it was a yearly tax collected during the meeting
of all the camps, becoming a monthly tax at a later stage.
????? ????
??? ??? ????? ??? ???? ?? ????? ??? ???? ????? ???? ????? ???? ?????? ??? ?????
?????? ?????? ???? ?? ?????? ??? ????? ???? ????? ???? ?????? ???? ?????
????. (??"? ?, 6-8).
This passage contains two injunctions concerning Torah study. The first demands
that in every community of ten or more people Torah be studied continuously, “day
and night.” My interest lies in the second injunction: ?????? ??????
???? ?? ?????? ??? ????? ????, which apparently refers to one-third of each
night--the first third--and not to a total of one-third of all the nights of
a year. It is not just by chance that this is the defining criterion for the
time until which the Shema can be recited according to R. Eliezer: “until
the end of the first watch” (mBer. 1:1). It was Y. D. Gilat who first
suggested that the source of the obligation to recite the Shema is part of
the takkanah for establishing the minimum requirement for daily Torah study.
The History of the Creation of Measurements: Between Qumran and the Mishnah
We have seen that Qumran halakhah had fixed and binding measurements for the
undefined obligations mentioned in the Mishnah. Sometimes, these represent
the lower limit, as in CD’s requirement for charity (“a wage
of two days every month at least”); in other cases the measurement
seems to reflect the accepted norm (as seen with regard to the gifts to the
poor from produce). This fact ostensibly seems exceptional within the accepted
approach to the study of the history of halakhah, which usually explains
early halakhah as less formed than rabbinic halakhah. One characteristic
of Qumran halakhah is that it lacks individual specifications and halakhic
distinctions, which evidently developed at a later period within the broader
context of Torah study and exegesis. This is indeed correct with regard to
other measurements treated in different contexts in rabbinic literature.
Thus, for example, Qumran halakhah does not contain discussions of such issues
as “How much food which had not been tithed at all does one eat so
as to be liable?” (mMakk. 3:2) or the minimal size a garment has to
be in order to classified as a garment that is liable to impurity. What then
fostered the early development of exact measurements for the obligations
in question?
From various places in Qumran literature a picture emerges of members and candidates
in constant anxiety to scrupulously fulfill their religious obligations and
to avoid forbidden acts. The fear of transgression heightens the creation of
strict norms, to the extent of avoiding acts permissible in and of themselves
for fear that they will lead to sin. On the other hand, when dealing with positive
commandments this is ineffectual. The devout believer has difficulty determining
if he has properly fulfilled the generally worded scriptural commandment. This
forms the background, in my opinion, to the measures discussed above. The fixing
of minimum measures for a defined obligation is the solution whereby the sectarian
member can be freed from constant worry: if you have set aside the correct
amount of peah and firstfruits, or if you have donated the equivalent of two
days’ monthly wages--you have fulfilled your obligation.
This analysis concords with the description of sectarian religiosity set forth
by Adiel Schremer in his article “[T]he[y] Did Not Read in the Sealed
Book.” Schremer, who relied on Haym Soloveitchik’s analysis of
present day ultra-Orthodox circles, noted the process of ever-growing halakhic
stringency among the Qumran sectarians, which he regards as text-based religiosity.
The desire to ???? ?? ???? ???? ???? ??? ???, ???? ?? ????? ???' (??"?
?, 8-9) (to return to the Law of Moses (according to all he commanded) with
all his heart and with all his mind. (Wise, p. 132) necessarily leads to greater
halakhic stringency because everywhere where there is a seeming gap between
the demands of the text and actual practice, the text wins and overtakes the
accepted convention. Moreover, wherever the text is open to various explanations,
the most stringent one will prevail. Against this religiosity we find the Pharisaic
one, based as Josephus testifies, on ancestral tradition. Observance of the
commandments in the latter society flows more naturally because its members
feel relatively greater confidence in their actions, which they perform in
the accustomed manner. A member of the Pharisaic community did not ask himself
if the commandment he fulfilled met the requirements of written scriptural
injunction; his confidence in the correct performance was grounded in the fact
that his parents and teachers, and previous generations, acted in this fashion.
The innovative aspect of Schremer’s argument lies in his suggestion that
the development of tannaitic midrash and the increased emphasis on Torah study
among the sages was in reaction to the Sadducean-sectarian conception. The
latter’s text-based religiosity challenged the Pharisees and their heirs
to attempt to anchor their traditions in the text, which they accomplished
via homiletical treatment.
It seems to me that a similar process can be described with reference to the
measurements. But, first, we must pay attention to a hitherto unmentioned point.
In essence, it is obvious that when the mishnah states “these are things
that have no specified measure” it reflects a reality in which measurements
are in effect. Perhaps its intent was to show that these things in particular
have no specified measure as opposed to others that do. It is also possible
that it is taking a stand against the notion that the specific commandments
in the list in question have measures. In light of the discussion here it is
certainly possible that the mishnah represents Pharisaic-rabbinic opposition
to Sadducean-sectarian religiosity. The latter designated measurements for
the fulfillment of these mitzvoth but the mishnah deems otherwise. To the text-based
religiosity of the Sadducees the mishnah represents the Pharisaic tradition
of religiosity grounded in ancestral tradition, which, as noted, does not require
binding normative determinations but educates the public to fulfill its obligations
naturally as previous generations had. Moreover, the mishnah expresses opposition
to the over-legalization of sectarian halakhah; it therefore establishes that
these things have no specified measure. If this description of the historical
chronology of the texts is correct, then we find that in this matter, as in
the question of the authority of the text, that the Sadducean-Qumran notion
ultimately prevailed. We have seen in the course of this discussion that the
rabbis quickly developed a system of obligatory measurements for these matters.
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