Yoma 67b ~ Pork, Catfish and Archeological Truths

Today’s page of Talmud teaches that there are two kinds of divine commands. There are logical commands, things that Jews could have figured out without the Torah, like the prohibition against murder. And then there are commands for which there appears to be no logical reason. Had they not been written in the Torah, we would not have deduced them. And the classic example of the latter is the prohibition against eating pork.

יומא סז, ב

תָּנוּ רַבָּנַן, ״אֶת מִשְׁפָּטַי תַּעֲשׂוּ״ — דְּבָרִים שֶׁאִלְמָלֵא (לֹא) נִכְתְּבוּ דִּין הוּא שֶׁיִּכָּתְבוּ, וְאֵלּוּ הֵן: עֲבוֹדָה זָרָה, וְגִלּוּי עֲרָיוֹת, וּשְׁפִיכוּת דָּמִים, וְגָזֵל, וּבִרְכַּת הַשֵּׁם. ״אֶת חוּקּוֹתַי תִּשְׁמְרוּ״ — דְּבָרִים שֶׁהַשָּׂטָן מֵשִׁיב עֲלֵיהֶן, וְאֵלּוּ הֵן: אֲכִילַת חֲזִיר, וּלְבִישַׁת שַׁעַטְנֵז, וַחֲלִיצַת יְבָמָה, וְטהֳרַת מְצוֹרָע, וְשָׂעִיר הַמִּשְׁתַּלֵּחַ

וְשֶׁמָּא תֹּאמַר מַעֲשֵׂה תוֹהוּ הֵם, תַּלְמוּד לוֹמַר: ״אֲנִי ה׳״, אֲנִי ה׳ חֲקַקְתִּיו, וְאֵין לְךָ רְשׁוּת לְהַרְהֵר בָּהֶן.

The Sages taught with regard to the verse: “You shall do My ordinances, and you shall keep My statutes to follow them, I am the Lord your God” (Leviticus 18:4), that the phrase: “My ordinances,” is a reference to matters that, even had they not been written, it would have been logical that they be written. They are the prohibitions against idol worship, prohibited sexual relations, bloodshed, theft, and cursing the Name of God.

The phrase: “And you shall keep my statutes,” is a reference to matters that Satan and the nations of the world challenge because the reason for these mitzvot are not known. They are: The prohibitions against eating pork; wearing garments that are made from diverse kinds of material, i.e., wool and linen; performing the ḥalitza ceremony with a yevama, a widow who must participate in a levirate marriage or ḥalitza; the purification ceremony of the leper; and the scapegoat.

And lest you say these have no reason and are meaningless acts, therefore the verse states: “I am the Lord” (Leviticus 18:4), to indicate: I am the Lord, I decreed these statutes and you have no right to doubt them.

This prohibition against eating pork is perhaps one of the most defining features of the laws of kashrut. “Want some bacon?” Vincent asks Jules in the classic 1994 movie Pulp Fiction, as the two hitmen are sitting in the Hawthorne Grill. “No man, I don't eat pork” replies Jules. Vincent is incredulous.

“Are you Jewish?”

“Nah, I ain't Jewish, I just don't dig on swine, that's all.”

Today we are going to talk about the prohibition about eating bacon, and then pivot to another forbidden food, catfish.

Alongside circumcision and Sabbath observance, the prohibition against pork is considered one of the clearest identifiers of what a Jew does and, as such, who is a Jew.
— Jordan Rosenblum. ‘Why Do You Refuse to Eat Pork?’’ Jews, Food, and Identity in Roman Palestine. The Jewish Quarterly Review 2011. 100 (1): 95–110

From here.

Cursed be he who raises swine

The prohibition against eating pork was so fundamental that the rabbis extended it to cover raising the animal too. “Cursed be he who raises swine,” they said in tractate Menachot (65b). Because this command was so deeply rooted, it has been long taken as a given that archeologists could use the presence (or absence) of pig remains to distinguish a Philistine from an Israelite settlement. For example, in known Philistine sites from Iron Age I (~950-780 BCE) like Ashdod and Ekron, pig bones account for 7-19% of the animal remains, depending on which strata you are excavating. This is a much higher percentage than is found in Israelite settlements of the same period. But in 2013 this assumption was challenged by a group of top-notch Israeli archeologists (including the controversial Israel Finkelstein) who reviewed the evidence for it. They studied data from 35 sites in Israel, and found a remarkable trend. In the territory of what was once the Northern Kingdom of Israel, pig remains account for 3-7% of all animal remains. But in the Southern Kingdom of Judah, pig remains are almost absent. (The site of Aroer is a bit of an anomaly, with more than 3% pigs. However this site seems to have been a rest stop for many international travelers and so may have served a more international cuisine.) There was a dichotomy between the kingdoms of Israel and Judah that was manifest in whether they ate pork.

Sapir-Hen, L. Bar-Oz, G. Finkelstein, I. Pig Husbandry in Iron Age Israel and Judah. New Insights Regarding the Origin of the "Taboo." Zeitschrift des Deutschen Palästina-Vereins (1953-), Bd. 129, H. 1 (2013), pp. 1-20.

Why was there a rapid rise in the frequency of pigs being eaten in northern Israelite sites during Iron Age II (the period between 870 and 680 BCE)? Among the answers proposed is that “the pig taboo could have been another Judahite cultural trait that was opposed to the situation in the north, and which the authors [of the Torah] wished to impose on the entire Israelite population.” Alternatively, it may have been a result of the larger population found in the Northern Kingdom of Israel. “This process” wrote the authors of the paper Pig Husbandry in Iron Age Israel and Judah “brought about shrinkage of the open areas that are important for sheep/goat husbandry, and could have forced the Iron Age IIB population to a shift in meat production, breeding smaller herds of sheep and goats and concentrating more on pigs, which could supply large and immediate sources of meat.” In contrast, the population of the Kingdom of Judah was much smaller than that of Israel. Hence they had more open space to raise livestock.

By the way, it was the Philistines who were responsible for importing European type pigs into the Middle East. Dr Merav Meiri of the Department of Zoology at Tel Aviv University analyzed the DNA of ancient pigs in the area, and found that they possessed a European gene signature. This raises the possibility that European pigs were brought to the region by the Sea Peoples who migrated to the Levant around 900 BCE, bringing their pigs with them.

Archaeologists take pigs very seriously.
— Israel Finkelstein cited in "Who’d Import Pigs to Israel? Ancient Europeans, Researchers Say." New York Times Nov 5, 2014. A7.

Pigs & Ancient Rome

Whether or not pigs were eaten in some parts of Biblical Israel, there is no doubt that not eating pork became synonymous with Jewish practice. In Rome, things were different. There, eating pork was widespread and enjoyed, and it was one of the most common meats associated with its residents. And as Jordan Rosenblum points out in his 2010 paper Why Do You Refuse to Eat Pork?’’ Jews, Food, and Identity in Roman Palestine swine were one of the four most common animals used for sacrifices in Rome. It was used in the most sacred rite of the Roman religion known as the suovetaurilia, in which a pig, a sheep and a goat were sacrificed to Mars, as part of a ceremony consecrating the land to the gods. According to the Roman philosopher Epictetus “the conflict between Jews and Syrians and Egyptians and Romans, [was] not over the question whether holiness should be put before everything else and should be pursued in all circumstances, but whether the particular act of eating swine’s flesh is holy or unholy.”

So pigs turn out to have played more of a role in our history than would be expected. In biblical times, eating pork may have been a marker of whether you came from Israel or Judea.

Whereas the pentateuchal prohibition against eating pork (Lev 11:7; Deut 11:8) has garnered copious scholarly attention, the proscription against eating finless and scaleless aquatic species that appears in the verses immediately afterward (Lev 11:9–12; Deut 14:9–10) has merited significantly less consideration.
— Yonatan Adler & Omri Lernau (2021) The Pentateuchal Dietary Proscription against Finless and Scaleless Aquatic Species in Light of Ancient Fish Remains, Tel Aviv, 48:1, 5-26, DOI: 10.1080/03344355.2021.1904675

From Swine To catfish

Very recently two Israeli archeologists took a look at the prohibition that is listed in the Bible immediately following the ban on all things porcine. “The earliest textual reference to a proscription against the consumption of aquatic species that lack fins or scales is found in a set of passages repeated twice in the Pentateuch, in both instances immediately following a prohibition against the consumption of pork” they wrote in a paper that garnered some attention. The two analyzed the makeup of fish remains at 30 sites throughout the southern Levant from the Late Bronze Age through to the end of the Byzantine period (ca. 1550 BCE to 640 CE). They found that “the consumption of scaleless fish— especially catfish—was not uncommon at Judean sites throughout the Iron Age and Persian periods.” Here for example is their analysis of seventeen sites from the Iron Age II period (ca. 950–586 BCE), “during which inhabitants of the highlands coalesced politically into the two kingdoms of Israel and Judah.”

Table of fish species found in Iron Age II period settlements in Israel. From Yonatan Adler & Omri Lernau (2021) The Pentateuchal Dietary Proscription against Finless and Scaleless Aquatic Species in Light of Ancient Fish Remains, Tel Aviv, 48:1, 5-26.

Table of fish species found in Iron Age II period settlements in Israel. From Yonatan Adler & Omri Lernau (2021) The Pentateuchal Dietary Proscription against Finless and Scaleless Aquatic Species in Light of Ancient Fish Remains, Tel Aviv, 48:1, 5-26.

The archeologists believed they had uncovered an important finding: Biblical Jews ate catfish.

At over three-quarters of the sites with available evidence, scaleless fish remains are present in modest to moderate amounts: 13% on average (excluding outliers below 5% and above 30%). Significantly, all the fish assemblages from sites within the Southern Kingdom—first and foremost Jerusalem— presented evidence of modest to (more often) moderate amounts of scaleless fish remains. While more limited data is available to-date from sites associated with the Northern Kingdom, there is little reason to think that scaleless fish were consumed to a lesser degree there than in Judah (the assemblage from Iron IIA loci at Tel Reḥov notwithstanding). From the time following the end of the Iron II, three assemblages from layers postdating 586 BCE in Jerusalem contain remains that suggest that consumption of catfish in Jerusalem continued into the Persian period.

In a Times of Israel podcast one of the authors of the paper, Ariel University’s Dr. Yonatan Adler had this to say: “We do not have any evidence that the Judean masses prior to the middle of the second century BCE had any knowledge of the Torah or observed the rules of the Torah.” And that proved just a bit much for Drs. Joshua Berman and Ari Zivotovsky of Bar Ilan University who responded in another piece published in The Times of Israel just two weeks ago. “We believe that these assertions are not supported by the evidence and that the media portrayal of this study as “a scoop” is unwarranted” they wrote.

Not so fast- there is something fishy going on here

First, they point out that lots and lots (and lots) of things proscribed in the Bible were ignored by the ancient Israelites.

We know from the Bible’s own testimony that although intermarriage is proscribed by the Torah, intermarriage was rampant during the period of Ezra and Nehemiah. And although the Torah proscribes idol worship, the prophets censure Israel for doing just this, and indeed we find many dozens of figurines in Israelite sites during that time, including locations near where some of these non-kosher fishbones were found. Not dozens, but hundreds of chapters of the Bible chronicle Israel’s failure to observe the words of the covenant with God.

Next, they are critical of the conclusion that “all the fish assemblages from Judah available for analysis contained significant numbers of scaleless fish remains, especially catfish.” That’s not true, from the very evidence contained in the study by Adler. Most of the fish remains are from kosher fish.

This is one of seventeen sites they survey for this period, but with 5,385 fishbones, it contains far more bones than all other sites from this period combined, and triple the number of bones of all other Jerusalem sites combined, and is thus of great significance. Remarkably, 96% of the fish remains here are from kosher fish. Other sites in the City of David have a much higher percentage of non-kosher fishbones. Remarkably, again, these other sites date from the period just prior to the destruction of Jerusalem, broadly a period in which the residents of Judah come in for particularly harsh censure by the prophets of Israel.

It is the prophet of that period, Isaiah who castigated Israel for eating “the swine’s flesh, the abominable things (sheketz) and the mouse” (Isa 66:17).

This passage from Isaiah likewise undermines Adler’s claim that “We do not have any evidence that the Judean masses prior to the middle of the second century BCE had any knowledge of the Torah or observed the rules of the Torah.” The author of this verse in Isaiah describes a reality whereby part of the community is abiding by the dietary standards of Leviticus 11 and part of it is not. Jews in his day may not have recognized his deliberate references to the Torah text of the dietary laws, just as many Jews today – observant or not – are familiar with these laws yet while unfamiliar with the actual words of the verse. But the account of the prophet’s censure in Isaiah 66 has coherence only if there are a group of Jews observing these laws and another group violating them. The prophetic books offer us a vivid window into the social reality of ancient Israel, and it would, here too, require special pleading to maintain that the social reality portrayed in Isaiah 66 is fiction through and through.

Some Jews were eating kosher fish and others were not. That was the reality that Isaiah was rallying against. It was a reality in which the rules of the Torah may have been ignored, but at least the rules were known. Adler and Lernau claimed that “the ban against finless and scaleless aquatic species apparently deviated from longstanding Judean dietary habits,” whereas Berman and Zivotovsky believe that “faunal finds of fishbones – kosher and non-kosher – in ancient Israel reveal a checkered observance of the Torah’s dietary laws that broadly hews to what the Bible itself.” We will no doubt hear more of this interesting academic debate in the future, especially since Adler will be publishing a book next year called The Origins of Judaism: An Archaeological-Historical Reappraisal. But Adler’s findings, and those of other archaeologists support the contention in today’s page of Talmud that when it comes to keeping kosher, Jews have always had an appetite for the forbidden.

From here.

From here.

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Yoma 65b ~ Counting the Years

There is a special rule about selling a house in a walled city in the Land of Israel. The seller has the right to buy back his property for one year. If he fails to do so in that time it becomes the permanent property of the buyer. This is learned from a verse in Leviticus:

ויקרא 25:30

וְאִ֣ם לֹֽא־יִגָּאֵ֗ל עַד־מְלֹ֣את לוֹ֮ שָׁנָ֣ה תְמִימָה֒ וְ֠קָ֠ם הַבַּ֨יִת אֲשֶׁר־בָּעִ֜יר אֲשֶׁר־[ל֣וֹ] חֹמָ֗ה לַצְּמִיתֻ֛ת לַקֹּנֶ֥ה אֹת֖וֹ לְדֹרֹתָ֑יו לֹ֥א יֵצֵ֖א בַּיֹּבֵֽל׃

If it is not redeemed before a full year has elapsed, the house in the walled city shall pass to the purchaser beyond reclaim throughout the ages; it shall not be released in the jubilee.

The next question is, what is meant by “a full year”? This is the subject of a dispute on today’s page of Talmud:

יומא סה, ב

דְּתַנְיָא: ״שָׁנָה תְּמִימָה״, מוֹנֶה שְׁלֹשׁ מֵאוֹת וְשִׁשִּׁים וַחֲמִשָּׁה יוֹם כְּמִנְיָן יְמוֹת הַחַמָּה, דִּבְרֵי רַבִּי. וַחֲכָמִים אוֹמְרִים: מוֹנֶה שְׁנֵים עָשָׂר חֹדֶשׁ מִיּוֹם לְיוֹם

It was taught in a baraita: With regard to redeeming houses in a walled city the Torah states: “And if it not be redeemed within the space of a full year” (Leviticus 25:30), which indicates that he counts 365 days, in accordance with the number of days in a solar year; this is the statement of Rabbi Yehuda HaNasi. And the Rabbis say: He counts twelve months from day to day.

According to the great Rebbi Yehudah HaNasi (135-217 C.E.) a full year usually means a full solar year of 365 days. A solar year is the time it takes the earth to complete one revolution all the way around the sun. (Or for those of you living in a geocentric universe, that is the time taken for the sun to complete one revolution around the earth). Just like Rebbi, we assume that a solar year is 365 days long, but in fact it is a little less than 365 1/4 days: that is to say, 365 days 5 hours, 48 minutes and 46 seconds. Those extra five and a bit hours are the reason we have a leap year every four years or so, when they add up to almost another 24 hours. And there are other kinds of “solar” years.

The Solar Year

The solar year is the average amount of time it takes the sun to return to the same position as seen from the earth. It is usually measured from one vernal equinox to the next. (The vernal equinox is the day on which the length of day and of the night are equal.) You can see this on the drawing below, taken from H. A. Rey’s wonderful book The Stars (and yes, it is the same H.A. Rey of Curious George fame.) In the drawing, a solar year is the time it takes the sun (as seen from the earth) to orbit from one spring equinox to the next, which is about 365 days 5 hours 48 minutes and 30ish seconds, or 365.242 days.

Screen Shot 2021-06-13 at 12.24.26 AM.png

The solar year is also known as the tropical year and it is also the length of our calendar year. In today’s page of Talmud when Rebbi referred to the “מִנְיָן יְמוֹת הַחַמָּה” or “the the number of days in a solar year” this is what he meant.

The sidereal year

Just like a spinning top the earth wobbles as it orbits the sun.

Just like a spinning top the earth wobbles as it orbits the sun.

But there is another way of measuring the year, and it is the amount of time it takes the sun to appear against the same background of fixed stars. It is known as the sidereal year, from the Latin sidus meaning star. And a sidereal year is 20 min 24.5 seconds longer than a tropical year. The sidereal year is longer because of the precession of the equinoxes, the term given to the phenomenon that in addition to orbiting the sun, the earth is wobbling like a spinning top. As the earth returns to the same position it had one full solar orbit ago, the tilt of the earth is not now directly toward the Sun: because of the effects of precession, it is a little way "beyond" this. The sun does not line up against the background of the stars as it did one year ago, and we need to wait an additional few minutes for sun and earth to line up as they did then.

The lunar year

The rabbis were of the opinion that “the year” in question is the period of twelve lunar months that make up a regular (non-leap) Jewish year. That would be 354 days, which is 11 days and some shorter than a solar or sidereal year.

There is no “correct” way to count a year. It is a matter of convention. We have fiscal years and academic years, draconic years and sothic years. Today’s page of Talmud reminds us that so long as we are clear about what we are saying, a year can be defined in a number of different and interesting ways.

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New Essay: The Plague Wedding

Plague Wedding Bnei Berak 2020.jpeg

In the months following the worldwide COVID-19 pandemic there has been renewed attention given to what had previously been an obscure and long-forgotten Jewish ceremony. On March 18, 2020, a wedding took place at the Ponevezh cemetery in the city of Bnei Brak in Israel. It was reported in the Israeli press, and drone footage documented a huppa erected next to the wall of the cemetery, with a few dozen onlookers carefully weaving their way among the fresh graves.

Such a wedding acquired an unforgettable moniker: It was known in Yiddish as a shvartse khasene, a “black wedding,” and is sometimes referred to as a “cholera wedding” or a “plague wedding.”

They Called me Mayer - Drawing of Black Wedding.png

The story travelled widely, and the ceremony has since been reported in The New York Times, The Los Angeles Review of Books, and on various blogs and websites. This unexpected attention to a little-known and often controversial Jewish response to pandemics raises many questions. What were its origins, how widespread was it, and what might be the halakhic and philosophical implications of this striking, and admittedly, bizarre ceremony? This paper, long in preparation before the COVID pandemic, is an attempt at some answers.

To read the full essay go to the Tradition Online site by clicking here.

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Yoma 55a ~ Yom Kippur, Counting, and Why the Chinese Are Good at Math

A Mishnah that we studied a couple of days ago on page 53a described how the Cohen Gadol (High Priest) would sprinkle the blood of his sacrifice in Temple on Yom Kippur.

נִכְנַס לַמָּקוֹם שֶׁנִּכְנַס, וְעָמַד בַּמָּקוֹם שֶׁעָמַד, וְהִזָּה מִמֶּנּוּ אַחַת לְמַעְלָה וְשֶׁבַע לְמַטָּה

He entered into the place that he had previously entered, the Holy of Holies, and stood at the place where he had previously stood to offer the incense, between the staves. And he sprinkled from the blood, one time upward and seven times downward.

And then he would count to avoid any error:

וְכָךְ הָיָה מוֹנֶה: אַחַת, אַחַת וְאַחַת, אַחַת וּשְׁתַּיִם, אַחַת וְשָׁלֹשׁ, אַחַת וְאַרְבַּע, אַחַת וְחָמֵשׁ, אַחַת וְשֵׁשׁ, אַחַת וָשֶׁבַע. יָצָא וְהִנִּיחוֹ עַל כַּן הַזָּהָב שֶׁבַּהֵיכָל.

And this is how he would count as he sprinkled, to avoid error: One; one and one; one and two; one and three; one and four; one and five; one and six; one and seven. The High Priest then emerged from there and placed the bowl with the remaining blood on the golden pedestal in the Sanctuary.

Today’s page of Talmud comments on this interesting way of keeping track of the sprinklings:

יומא נה, א

תָּנוּ רַבָּנַן: אַחַת, אַחַת וְאַחַת, אַחַת וּשְׁתַּיִם, אַחַת וְשָׁלֹשׁ, אַחַת וְאַרְבַּע, אַחַת וְחָמֵשׁ, אַחַת וָשֵׁשׁ, אַחַת וָשֶׁבַע, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: אַחַת, אַחַת וְאַחַת, שְׁתַּיִם וְאַחַת, שָׁלֹשׁ וְאַחַת, אַרְבַּע וְאַחַת, חָמֵשׁ וְאַחַת, שֵׁשׁ וְאַחַת, שֶׁבַע וְאַחַת.

וְלָא פְּלִיגִי: מָר כִּי אַתְרֵיהּ וּמָר כִּי אַתְרֵיהּ

The Sages taught in a baraita that when sprinkling, the High Priest counted: One; one and one; one and two; one and three; one and four; one and five; one and six; one and seven. This is the statement of Rabbi Meir. Rabbi Yehuda says that he counted: One; one and one; two and one; three and one; four and one; five and one; six and one; seven and one.

The Gemara comments: They do not disagree about the matter itself that the High Priest sprinkles once upward and seven times downward. Rather, this Sage rules in accordance with the norm in his place, and this Sage rules in accordance with the norm in his place. In one place they counted the smaller number first, while in the other place they would count the larger number first.

WHo excels at math?

In a 1994 study of forty second-generation Chinese-American and 40 Caucasian-American preschoolers and kindergartners, the Chinese-American children outperformed Caucasian-American children on measures of mathematics, spatial relations, visual discrimination, numeral formation, and name writing. A 2011 study that explored cultural differences in young children’s early math competency prior to their school showed that Taiwanese children performed better than U.S., Peruvian, and Dutch children. More Taiwanese four-year-olds were able to count up to at least 21 when compared with children from the other three countries. There are more studies like these, but you get the idea. But why should some cultures be especially good at math? The answer, it appears, is in the language.

The Best language to learn math…is not english

From here.

From here.

It turns out that the way numbers are counted in different languages may make arithmetic easier - or harder. In a fascinating article in The Wall Street Journal, Sue Shellenbarger noted that Chinese, Japanese, Korean and Turkish use simpler number words and express math concepts more clearly than English. And this makes it easier for small children to learn counting and arithmetic. “The trouble starts at "11” she wrote:

English has a unique word for the number, while Chinese (as well as Japanese and Korean, among other languages) have words that can be translated as "ten-one"—spoken with the "ten" first. That makes it easier to understand the place value—the value of the position of each digit in a number—as well as making it clear that the number system is based on units of 10.

English number names over 10 don't as clearly label place value, and number words for the teens, such as 17, reverse the order of the ones and "teens," making it easy for children to confuse, say, 17 with 71, the research shows. When doing multi-digit addition and subtraction, children working with English number names have a harder time understanding that two-digit numbers are made up of tens and ones, making it more difficult to avoid errors.

These may seem like small issues, but the additional mental steps needed to solve problems cause more errors and drain working memory capacity…

This suggestion was supported by a more recent study that showed that among Chinese children language abilities were able to significantly predict both informal and formal math skills.

 
Language 17 27
English 'seventeen' 'twenty-seven'
Chinese 'ten-seven' 'two-ten-seven'
Japanese 'ten-seven' 'two-ten-seven'
Turkish 'ten-seven' 'two-ten-seven'
Hebrew 'seven-ten' 'twenty-seven'

Today’s discussion in the Talmud notes that there were different ways of counting the one “upward sprinkling” and the seven “downward” ones. Of course neither effected the way that numbers higher than eleven are counted in Hebrew, but it is a reminder that the order in which we count things plays a very significant role in how we might see the world. And how good we are at getting our sums right.

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