תּלמוד אויף משלי 17:5

Rebbi Jonah, Rebbi Yose the Galilean¹¹¹A Galilean Amora of the third generation, teacher of Rebbi Jonah., Rebbi Yasa bar Ḥanina: One does not ask rulings on practice before the bier of a deceased¹¹²In the Babli (Berakhot 3b) it is stated more generally, in the name of R. Joshua ben Levi, that words of Torah are forbidden in presence of a coffin. According to Rashi, the reason is (Prov. 17:5): “He who scoffs at the poor blasphemes his Maker.” Since the dead person can no longer study Torah, he is poor in this respect.. But Rebbi Yoḥanan asked Rebbi Yannai before the bier of Rebbi Simeon ben Yoẓadaq¹¹³This is the correct reading of the Rome ms. R. Simeon bar Yoẓadaq was an Amora of the first generation, one of the teachers of Rebbi Yoḥanan. The Leyden ms. has שמואל בר יוצדק by a scribal error. about him who dedicated his holocaust sacrifice for the upkeep of the Temple, and he answered him¹¹⁴The Mishnah (Temurah 32a) states that a forbidden substitution is valid only from lesser to higher sanctity. The highest sanctity of a sacrifice is the עוֹלָה, the holocaust, which is totally burnt on the altar, whereas gifts for the upkeep of the Temple are only a monetary obligation. So it should be impossible to dedicate an ‘olah for the upkeep of the Temple. However, a baraita (Babli Temurah 32b) states that a holocaust which afterwards was dedicated for the upkeep of the Temple cannot be slaughtered unless redeemed first and the money given to the Temple. The answer given there (presumably by Rebbi Yannai) is that the obligation of redemption is purely rabbinical, a kind of fine, but that from the Torah the second dedication is invalid.! Let us say when he was far away¹¹⁵So that the deceased could not have heard them even were he still alive. or when they were bringing him to the study hall¹¹⁶Most commentators explain that Rebbis Yoḥanan and Yannai were outside the Bet-Hamidrash. However, that would be the same as “being far away”. Therefore, it seems that the correct interpretation is given by R. Zacariah Frankel, that a eulogy of a Torah teacher in his own school by necessity must involve words of Torah.. But Rebbi Jeremiah asked Rebbi Zeïra before the bier of Rebbi Samuel bar Rav Isaac! Let us say that he answered him when he was far away; when he was close he did not answer him.

HALAKHAH: Rebbi Ḥiyya⁸⁰A Tanna who lived from the times, of R. Aqiba to those of Rebbi; he is mostly known for his aggadic interpretations. in the name of Rebbi Yoḥanan: Why did they say, a man puts on tefillin, recites the Shema‘ and prays? So that he first should accept upon himself the Kingdom of Heaven completely. Rav said, one reads the Shema‘, puts on tefillin, and prays⁸¹The obligation to study the Torah and keep its commandments applies everywhere and at all times; the obligation to have ẓiẓit on one’s garment, expressed in the third section of Shema‘, is applicable only during daytime according to most opinions.. A baraita of Rav himself⁸²This is the reading of the Leyden manuscript. In both Talmudim we hear that Rav and Samuel collected baraitot, tannaïtic statements not made part of the Mishnah. disagrees with him: “If somebody was occupied with a dead person in his grave and the time for the recital of Shema‘ arrived, he should move to a pure place⁸³Since a dead person can no longer pray, it is explained later in this Halakhah that praying in a graveyard would violate the verse (Prov. 17:5): “He who makes fun of the poor blasphemes his Maker”; hence one has to leave the graveyard if he wants to pray. The order of prayer given in the baraita is the one adopted by Rebbi Yoḥanan., put on tefillin, recite the Shema‘, and pray”. Does not the Mishnah support Rav: “In order that one should accept the Kingdom of Heaven before he accepts the yoke of the commandments”⁸⁴Tefillin, while mentioned in the first paragraph, belong to the execution of commandments. It follows that, in the opinion of the Yerushalmi, Rav recommended to put on tefillin between the first and second sections of Shema‘; otherwise, the Mishnah would not support his position. This contradicts the opinion of the Babli as quoted above; it eliminates the objection of the Babli that certainly Rav would not put off fulfilling the obligation of tefillin until after the recital of Shema‘.?

Rebbi Zeïra in the name of Rav Abba bar Jeremiah: A person may not enter a cemetery and relieve himself there.¹⁴²The connection with the preceding section is that this is a statement of Rebbi Zeïra in the name of Rav Abba bar Jeremiah, and it speaks about relieving oneself. When he did it anyway, about him the verse says (Prov. 17:5) “He who makes fun of the poor blasphemes his Maker.”¹⁴³He who relieves himself in the cemetery makes fun of the dead two-fold; first he shows his contempt for the dead and then he does something that the dead can do no more. Even graveside sermons are unacceptable in Judaism since the dead can no longer have any Torah thoughts. Clarification: The great Rebbi Ḥiyya and Rebbi Jonathan¹⁴⁴The greatest of the preachers of the first generation of Amoraïm, student of R. Simeon bar Yose bar Laqonia, a preacher of the last generation of Tannaïm who was the brother-in-law of the son of R. Simeon bar Yoḥai. were walking before the bier of Rebbi Simeon bar Yose bar Laqonia when Rebbi Jonathan stepped over his grave. The great Rebbi Ḥiyya said to him: About that they will say, tomorrow they will be with us but they hurt us. He answered him, do they know anything? Is it not written: (Prov. 9:5) “But the dead do not know anything.” He told him: you know how to read, you do not know how to preach. (Prov. 9:5) “The living know that they will die”, these are the Just who even in death are considered living; “but the dead do not know anything;” these are the wicked who even in life are called dead. From where that the wicked even in life are called dead? It is said (Ez. 18:32) “For I have no pleasure in the death of the dead;” how can a dead person die? But these are the wicked who even in life are called dead. And from where that the Just even in death are considered living? It is written (Deut. 34:4) “And He said to him: This is the land I had sworn to Abraham, Isaac, and Jacob, to tell.” Why does the verse say “to tell”? He said to him: go and tell the patriarchs that all I had promised I fulfilled to your descendants after you.