Talmud - Hagigah 4a חגיגה ד׳ א׳

like the actions of a forewarned ox that gored an ox, a donkey, and a camel. Since this ox gored three different animals on three separate occasions, it is considered predisposed to gore and becomes forewarned for every type of animal. Likewise, if someone performs three different deranged actions, it is assumed that there is no logical reason for his behavior and he is classified as an imbecile. Rav Pappa said: If Rav Huna had heard that which is taught in a baraita: Who is an imbecile? This is one who destroys whatever is given to him, he would have retracted his statement that one is an imbecile only if he performs three deranged actions.

A dilemma was raised before the Sages with regard to Rav Pappa’s statement: When Rav Pappa claims that Rav Huna would have retracted his statement, would he have retracted only from the case of one who tears his garments, as this person is similar to one who destroys whatever is given to him? Or perhaps he would have retracted his opinion with regard to all of the signs of an imbecile? The Gemara states that the dilemma shall stand unresolved, as no answer was found.

§ The mishna taught: And a tumtum and a hermaphrodite are exempt from the mitzva of appearance in the Temple. The Sages taught, with regard to the verse: “Three occasions in the year all your males will appear before the Lord God” (Exodus 23:17), had the verse simply said “males,” this would serve to exclude women from this mitzva. By specifying “your males,” it comes to exclude a tumtum and a hermaphrodite as well. Furthermore, when the verse adds “all your males,” this serves to include male minors.

The Master said in the baraita: “Males” comes to exclude women. The Gemara asks: Why do I need a verse for this halakha? After all, the obligation of appearance on a Festival is a positive, time-bound mitzva, and women are exempt from any positive, time-bound mitzva.

The Gemara answers: This statement was necessary, as otherwise it could enter your mind to say: Let us derive by means of a verbal analogy between the term: Appearance, which appears here, and the term: Appearance, stated with regard to the mitzva of assembly (Deuteronomy 31:11), which is also a positive, time-bound mitzva. Just as there, women are obligated in the mitzva of assembly, so too here, women are obligated in the mitzva of appearance on the Festival. Therefore, the baraita teaches us that women are exempt.

The Master said in the baraita: “Your males” comes to exclude a tumtum and a hermaphrodite. The Gemara asks: Granted, the exclusion of a hermaphrodite was necessary, as it could enter your mind to say that since he possesses an aspect of masculinity, i.e., he has a male sexual organ, he should be obligated like a male. Therefore, the baraita teaches us that a hermaphrodite is a being unto itself, which is neither male nor female.

However, as the status of a tumtum, who lacks external sexual organs, is a halakhic uncertainty, is a verse necessary to exclude an uncertainty? Abaye said: It is referring to a case when the testicles of a tumtum are on the outside, although his penis is not visible. The verse teaches that this tumtum is not obligated in the mitzva of appearance, despite the fact that he is certainly male.

The Master said in the baraita: “All your males” comes to include minors. The Gemara asks: Didn’t we learn in the mishna: All are obligated to appear, except for a deaf-mute, an imbecile, and a minor? Abaye said: This is not difficult. Here, the baraita that obligates minors is referring to a minor who has reached the age of training in mitzvot. There, the mishna is referring to a minor who has not yet reached the age of training in mitzvot, and therefore he is exempt from the mitzva of appearance. The Gemara asks: The obligation of a minor who has reached the age of training is one that applies by rabbinic law. How then can the baraita derive this halakha from a verse? The Gemara answers: Yes, it is indeed so, and the verse is a mere support for this rabbinic obligation.

The Gemara asks: Rather, for what purpose does the verse: “All your males,” come? It comes to teach that which Aḥerim taught. As it is taught in a baraita: Aḥerim say that a scrimper, one who gathers dog feces to give them to tanners for the purpose of tanning hides; and a melder of copper, who purifies copper from dross; and a tanner of hides, are all exempt from the mitzva of appearance, as their occupation inflicts upon them a particularly unpleasant odor. This is because it is stated: “All your males,” which indicates that only one who is able to ascend with all your males is obligated, excluding those who are not suited to ascend with all your males, as people avoid their company.

§ The mishna taught that women and slaves who are not emancipated are exempt from the mitzva of appearance. The Gemara asks: Granted, women are exempt, as we said earlier that this is derived from the phrase: “Your males.” However, with regard to slaves, from where do we derive that they are exempt? Rav Huna said that the verse states: “Before the Lord God” (Exodus 23:17). This indicates that one who has only one Master is obligated, which excludes this slave, who has another master.

The Gemara asks: Why do I need a verse to teach this halakha? After all, with regard to every mitzva in which a woman is obligated, a slave is also obligated in that mitzva; and with regard to every mitzva in which a woman is not obligated, a slave is not obligated in it either. The reason for this principle is that it is derived by means of a verbal analogy between the phrase: “To her” (Leviticus 19:20), written with regard to a designated maidservant, and the phrase: “To her” (Deuteronomy 24:3), written with regard to a divorced woman.

Ravina said: This verse is necessary only to teach the exemption of one who is half-slave half-freeman. The Gemara notes that the language of the mishna is also precise, as it teaches: Women and slaves who are not emancipated. What is the purpose of specifying: Who are not emancipated? If we say that this means that they are not emancipated at all, let it simply teach: Slaves, without any further description. Rather, is it not the case that the mishna is referring to slaves who are not entirely emancipated? And who are these slaves? One who is half-slave half-freeman. The Gemara concludes: Learn from this that this is correct.

The mishna further taught: And the lame, and the blind, and the sick, and the old are all exempt from the mitzva of appearance. The Sages taught: “Times [regalim]” (Exodus 23:14) alludes to the use of one’s feet [raglayim], and therefore it excludes people with artificial legs. Although they are able to walk, they are exempt from traveling, as they do not have feet. Alternatively, the term “regalim” comes to exclude the lame, the sick, the blind, the old, and one who is unable to ascend on his own feet. The Gemara asks: The last category of one who is unable to ascend on his feet, comes to add what? The baraita already taught that the lame and the sick are exempt. Rava said: It comes to add

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Chagiga 4a explores the criteria defining an imbecile through destructive behavior, then examines who is exempt from the Temple appearance obligation.