Talmud - Pesahim 56a פסחים נ״ו א׳

and they would eat fallen fruit from beneath palm trees that shed fruit that had fallen on Shabbat; and they would designate the produce in the corner for the poor in a field of vegetables, which is exempt from this obligation even by rabbinic law. And the Sages reprimanded the people of Jericho for doing these three things.

GEMARA: Apropos the people of Jericho, who were reprimanded for some of their actions and not reprimanded for others, the Gemara cites a similar baraita. The Sages taught: King Hezekiah performed six actions. With regard to three of them, the Sages of his generation conceded to him; and with regard to three of them, the Sages did not concede to him. Due to King Hezekiah’s father’s wickedness, he dragged the bones of his father Ahaz on a bier of ropes and did not afford him the respect due to a king, and the Sages conceded to him. He ground the copper snake that Moses fashioned in the desert because Israel worshipped it, and the Sages conceded to him. He suppressed the Book of Cures, and they conceded to him.

And with regard to three actions, the Sages did not concede to him. He cut off the doors of the Sanctuary and sent them to the King of Assyria, and they did not concede to him because he thereby demeaned the Temple. He sealed the waters of the upper Gihon stream, diverting its water into the city by means of a tunnel, and they did not concede to him, because he harmed the local populace in the process and should have relied upon God (Me’iri). He intercalated the year, delaying the advent of the month of Nisan during Nisan, and they did not concede to him. The Gemara explains that he declared the first of Nisan to be the thirtieth of Adar and only then intercalated the year (see II Chronicles 30:2).

We learned in the mishna: They would graft palm trees the entire day of the fourteenth of Nisan. The Gemara asks: How did they perform this grafting? Rabbi Yehuda said: They brought fresh myrtle, strong beer made from the fruit of the laurel tree, and barley flour that was cast into a vessel, and forty days has not passed since it was ground. They boiled them together and poured the mixture into the core of the palm tree. And for any tree standing within four cubits of that tree, if they did not perform this treatment with it, it would immediately wither because the tree that received the treatment would grow faster at the expense of the surrounding trees. Rav Aḥa, son of Rava, said: They placed a branch of a male palm tree on the female, and by doing so the female tree would yield fruit.

We learned in the mishna that the residents of Jericho would bundle Shema. The Gemara asks: What does it mean that they bundled Shema? How did they do so? Rabbi Yehuda said that they recited: “Hear Israel: The Lord is our God, the Lord is One” (Deuteronomy 6:4), and they would not pause between words. Rava said: They would pause between words, but instead of reciting this verse in the proper manner: “That which I command you today, shall be on your heart” (Deuteronomy 6:5), pausing after the word today; they would say: Today shall be on your heart, inferring: Today it will be on your heart, and tomorrow it will not be on your heart. The Sages taught in the Tosefta: How would they bundle Shema? They recited: “Hear Israel, the Lord is our God the Lord is One,” without pausing; this is the statement of Rabbi Meir. Rabbi Yehuda says: They paused, but they would not recite: Blessed be the name of His glorious kingdom for ever and ever.

The Gemara asks: What is the reason that we recite that passage: Blessed be the name of His glorious kingdom for ever and ever, even though it does not appear in the Torah? The Gemara answers: We recite it in accordance with that which Rabbi Shimon ben Lakish interpreted homiletically.

As Rabbi Shimon ben Lakish said that it is written: “And Jacob called his sons and said, Gather around and I will tell you what will occur to you in the end of days” (Genesis 49:1). Jacob wanted to reveal to his sons when the complete redemption would arrive at the end of days (see Daniel 12:13), but the Divine Presence abandoned him, rendering him unable to prophesy. He said: Perhaps the Divine Presence has abandoned me because, Heaven forfend, one of my descendants is unfit, as was the case with my grandfather Abraham, from whom Ishmael emerged, and like my father Isaac, from whom Esau emerged. His sons said to him: Hear Israel, our father, the Lord is our God, the Lord is One. They said: Just as there is only one God in your heart, so too, there is only one in our hearts. At that moment Jacob our father said in praise: Blessed be the name of His glorious kingdom for ever and ever, as all his children were righteous.

The Rabbis said: What should we do? Shall we recite this verse? But Moses our teacher did not say it in the Torah as part of Shema. Shall we not recite it? But Jacob said it. In order to resolve this dilemma they established that this passage should be recited surreptitiously. Rabbi Yitzḥak said that the school of Rabbi Ami said: This is analogous to the daughter of a king who smelled the fragrance of the dried spices stuck to the bottom of the pot and craved to eat them. What can she do? If she tells her servants to give it to her, she will be disgraced, as the dried spices are a contemptible food. However, if she does not say she wants to eat them, she will endure suffering. Her servants began to bring them to her surreptitiously. One should conduct himself in that manner in similar cases of uncertainty.

Rabbi Abbahu said: The Sages instituted that the people should recite it aloud due to the grievance of the heretics. It was instituted to prevent the heretics from claiming that the Jews are surreptitiously reciting inappropriate statements. The Gemara adds: In Neharde’a, where there are no heretics, they recite it surreptitiously even now.

The Sages taught a related matter in the Tosefta: The people of Jericho performed six actions, three in keeping with the will of the Sages and three against the will of the Sages. And these are what they did in keeping with the will of the Sages: They would graft palm trees the entire day of the fourteenth of Nisan; and they would bundle Shema; and they would harvest grain before the omer offering was brought. And these are what they did against the will of the Sages: They would pile the harvest before the omer; and they would make breaches in the walls of their gardens and their orchards to feed fallen fruit to the poor during drought years, so that the poor could take the fruit that had fallen on Shabbat and Festivals; and they would permit the use of consecrated branches of carob and of sycamore trees. This is the statement of Rabbi Meir.

Rabbi Yehuda said to him: It is inaccurate to formulate it in that manner, as if they acted in keeping with the will of the Sages, all people would do so, not only the residents of Jericho. Rather, formulate it in this manner: Both these three acts and those three were performed against the will of the Sages. With regard to three the Sages reprimanded them; and with regard to three the Sages did not reprimand them. Since one could contend that the latter are permitted and the people of Jericho had already performed them, the Sages chose not to reprimand them.

And these are what they did for which the Sages did not reprimand them: They would graft palm trees the entire day; and they would bundle Shema; and they would harvest and pile grain before the omer offering was brought. And these are what they did for which the Sages reprimanded them: They would permit the use of consecrated branches of carob and of sycamore trees; they would make breaches in the walls of their gardens and orchards on Shabbat and Festivals, in order to feed the poor fallen fruit during drought years; and they would designate for the poor the produce in the corner in a field of vegetables. And the Sages reprimanded them for those actions.

The Gemara asks: And does Rabbi Yehuda maintain that this harvest performed by the residents of Jericho was against the will of the Sages? Didn’t we learn in a mishna: The people of Jericho would harvest before the omer, in keeping with the will of the Sages, and they would pile the grain before the omer, against the will of the Sages, but the Sages did not reprimand them?

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

Pesachim 56a examines Jericho's disputed customs alongside King Hezekiah's six deeds, three approved and three rejected by the Sages.