abbahu

Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody wanted to change his mind after he had promised a gift to another person, he may change his mind. Rebbi Yose was with Rebbi Jacob bar Zavdi; he said to him: Is that just no (Lev. 19:36) “and just yes?” He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “ Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay”. The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.

Should not their action be proof of their intentions? As we have stated there: “If a deaf-mute, insane, or minor person brought them up, they are not under the category of ‘when given’ because they have action but no intention.” What is their action? Rebbi Ḥuna said, when he grabs it while full of dew. We also have stated there: “If a deaf-mute, insane, or minor person brought them down, even if he thought that [his animals’] feet should be doused, it is not under the category of ‘when given’ because they have action but no intention.” What is their action? Rebbi Ḥuna said, when he rubs them with water. We should also say here, let their action be proof of their intentions! Rebbi Samuel, Rebbi Abbahu, in the name of Rebbi Joḥanan; Rebbi Zeïra in the name of the rabbis (Num. 18:27): “Your heave will be credited to you.” When thought is mentioned in the verse, his action cannot prove his intentions; when thought is not mentioned in the verse, his action can prove his intentions. Since here thought is mentioned in the verse, his action cannot prove his intentions.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

They stated before Rebbi Abbahu: “Heave does not interfere with First Fruits.” He said to them, this is from Abba Palaemon. Rebbi Yose asked, which [statement of] Abba Palaemon? Rebbi Mana said to him, I heard my father stating: “First fruits in his right hand, heave in his left hand.” Some Tannaїm state, “he transgresses,”, some Tannaїm state, “he does not transgress.” He who says he transgresses, the rabbis; he who says he does not transgress, Abba Palaemon.

“The Gentile’s heave creates dema‘ and one is obligated to a fifth for it, but Rebbi Simeon frees from the obligation.” Rebbi Zeïra said, I said this before Rebbi Abbahu in the name of Rebbi Joḥanan: They disagree only for the heave of his threshing floor. But for a Gentile who bought the produce of a Jew, even Rebbi Simeon will agree. Rebbi Abbahu said to me in the name of Rebbi Joḥanan, the disagreement is about the latter case. It is difficult according to Rebbi Simeon, does he free his ṭevel from the Torah and you say so? But are sacrifices not from the Torah, and nevertheless Rebbi Simeon frees, as we have stated there: “Sacrifices of Gentiles are not subject to piggul, left-overs, and impurity and one who slaughters them outside is free [from punishment], the words of Rebbi Yose, but Rebbi Simeon declares him guilty.” They wanted to say that they disagree only about the fifth but not about dema‘. They found stated: It is all the same.

“The Gentile’s heave creates dema‘ and one is obligated to a fifth for it, but Rebbi Simeon frees from the obligation.” Rebbi Zeïra said, I said this before Rebbi Abbahu in the name of Rebbi Joḥanan: They disagree only for the heave of his threshing floor. But for a Gentile who bought the produce of a Jew, even Rebbi Simeon will agree. Rebbi Abbahu said to me in the name of Rebbi Joḥanan, the disagreement is about the latter case. It is difficult according to Rebbi Simeon, does he free his ṭevel from the Torah and you say so? But are sacrifices not from the Torah, and nevertheless Rebbi Simeon frees, as we have stated there: “Sacrifices of Gentiles are not subject to piggul, left-overs, and impurity and one who slaughters them outside is free [from punishment], the words of Rebbi Yose, but Rebbi Simeon declares him guilty.” They wanted to say that they disagree only about the fifth but not about dema‘. They found stated: It is all the same.

The words of the rabbis disagree. Cahana asked Samuel: Is it not reasonable that the dema‘ which we stated here contains mostly heave? He said to him, that is also my opinion, but when you go to the Land of Israel do ask about this. When he went, he heard what Rebbi Yose said in the name of Rebbi Joḥanan, even one seah that fell into 99 [which were] profane. Rebbi Abbahu said, thus did Rebbi Simeon ben Laqish answer Rebbi Joḥanan: That one seah frees everything? Is a fig cake among fig cakes such a sure thing that heave came up in his hand? But you must say it is [to be taken] lightly; here also it is [to be taken] lightly. Could he not have objected: It is different with fig cakes which already are disregarded? Rebbi Jonah and Rebbi Yose, both in the name of Rebbi Zeïra: Even wheat and wheat he may grind and lift.

Rebbi Abbahu said, all our days we were groping about this as with a blind man’s stick until we learned it from mathematical computation. How much is in a qab? 24 eggs. How much is in a seah? 96 eggs. One sixth of it are 16 eggs. If he makes a dough of six, it contains an impure egg. If he makes from four, nothing is left. What does he do? He makes a dough from five and takes four.

It was stated: If the heave became a plurality it is as if he had added intentionally. But did we not state: “If it contained 40 seah, he added a seah and removed a seah, it is in order.” How far? Rebbi Assi in the name of Rebbi Mana bar Tanḥum, Rebbi Abbahu in the name of Rebbi Joḥanan, up to the larger part of the miqweh. And here you say so? There it was a plurality, you add to it and it is in order. But here, every single seah needs 100 seah. Rebbi Yose said, this means that anything becoming insignificant by biblical law is activated by its own kind to become forbidden.

Rebbi Abbahu in the name of Rebbi Joḥanan: All forbidden things, if one added against them in error, it is permitted, intentionally it is forbidden. Is that not the Mishnah: “if it was in error, it is permitted, if intentional, it is forbidden”? The Mishnah is about heave, he comes to tell you about all other things.

Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is in error about fat but intentional about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Say also here, if he has intention about heave but is inadvertent about the fifth, one should warn him and he should be whipped and bring a fifth. Rebbi Zeїra said, it is a decision of the verse, “if somebody eats heave in error,” that all his eating should be in error. If he is intentional in doubt it is as if he is unintentional in his certainty. Rebbi Yose said, this means that if somebody forgot after he knew, he is guilty unintentionally.

Rebbi Abbahu in the name of Rebbi Joḥanan: He who swallows heave vinegar is whipped. Rebbi Abbahu in the name of Rebbi Joḥanan: He who chews a wheat grain of heave is whipped. It was stated: He who chews a wheat grain of heave pays the principal but not the fifth; Rebbi says, I am saying that he pays principal and fifth. Rebbi Jeremiah in the name of Rebbi Ammi: The Sages agree with Rebbi about him who swallows heave vinegar after such ṭevel, that he pays principal and fifth because vinegar refreshes the spirit.

Rebbi Abbahu in the name of Rebbi Joḥanan: He who swallows heave vinegar is whipped. Rebbi Abbahu in the name of Rebbi Joḥanan: He who chews a wheat grain of heave is whipped. It was stated: He who chews a wheat grain of heave pays the principal but not the fifth; Rebbi says, I am saying that he pays principal and fifth. Rebbi Jeremiah in the name of Rebbi Ammi: The Sages agree with Rebbi about him who swallows heave vinegar after such ṭevel, that he pays principal and fifth because vinegar refreshes the spirit.

HALAKHAH: Now Rebbi Meïr says, they pay, and the Sages say, they pay, what is between them? Rebbi Joḥanan said, the meal itself is between them. Rebbi Meïr said, the meal is the resposibility of the employer, but the rabbis say, the meal is the resposibility of the workers. Rebbi Simeon ben Laqish said, the exertion is between them. Rebbi Meïr said, the exertion is the resposibility of the employer, but the rabbis say, the exertion is the resposibility of the workers. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: To what can this be compared, to one who sells something to another person, but it turns out that it was not his [to sell]. Does he not have to replace his buy? If you hold with Rebbi Simeon ben Laqish, this is fine. But if you hold with Rebbi Joḥanan, who said, the meal itself is between them, and you say so? He said following Rebbi Meïr. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The value of the meal is between them. If he promised them to feed them profane honey-cakes but he fed them heave honey-cakes. Did they not eat already? This follows him who says, a person’s soul is afraid of ṭevel.

HALAKHAH: Now Rebbi Meïr says, they pay, and the Sages say, they pay, what is between them? Rebbi Joḥanan said, the meal itself is between them. Rebbi Meïr said, the meal is the resposibility of the employer, but the rabbis say, the meal is the resposibility of the workers. Rebbi Simeon ben Laqish said, the exertion is between them. Rebbi Meïr said, the exertion is the resposibility of the employer, but the rabbis say, the exertion is the resposibility of the workers. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: To what can this be compared, to one who sells something to another person, but it turns out that it was not his [to sell]. Does he not have to replace his buy? If you hold with Rebbi Simeon ben Laqish, this is fine. But if you hold with Rebbi Joḥanan, who said, the meal itself is between them, and you say so? He said following Rebbi Meïr. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The value of the meal is between them. If he promised them to feed them profane honey-cakes but he fed them heave honey-cakes. Did they not eat already? This follows him who says, a person’s soul is afraid of ṭevel.

Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged? A Mishnah disagrees with Rebbi Simeon ben Laqish: “These are the girls for which one incurs a fine,” but if he was cautioned, will he not be flogged? Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Rebbi Meïr learned from the calumniator. (Deut. 22:19) “And they shall fine him”, money; (Deut. 22:18) “they shall punish him,” flogging. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech. Since one cannot transfer this feature, one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish: If he [eats] fat intentionally but is in error about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice! Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven.

Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged? A Mishnah disagrees with Rebbi Simeon ben Laqish: “These are the girls for which one incurs a fine,” but if he was cautioned, will he not be flogged? Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Rebbi Meïr learned from the calumniator. (Deut. 22:19) “And they shall fine him”, money; (Deut. 22:18) “they shall punish him,” flogging. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech. Since one cannot transfer this feature, one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish: If he [eats] fat intentionally but is in error about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice! Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven.

They asked before Rebbi Abbahu: What [is the status of] cooked wine that was left uncovered? He said to them, Rebbi Joḥanan had a problem with carenum, and you are asking me? Is that not [applicable to] cooked wine? He went to ask Rebbi Isaac who told him, it is forbidden. Rebbi Abbahu [then] remembered that Rebbi Joḥanan had said, it is forbidden.

They asked before Rebbi Abbahu: What [is the status of] cooked wine that was left uncovered? He said to them, Rebbi Joḥanan had a problem with carenum, and you are asking me? Is that not [applicable to] cooked wine? He went to ask Rebbi Isaac who told him, it is forbidden. Rebbi Abbahu [then] remembered that Rebbi Joḥanan had said, it is forbidden.

Everybody agrees that water which was heated is forbidden. What is the difference between bread and water? Here the fire rules, there the fire does not rule. There, a vessel separates, here no vessel separates. Samuel said, what can this evil one do to me? I only drink hot [water]. His word says, cold water that was heated is permitted. Rebbi Ḥanina said, this evil one has a delicate taste; he will not drink hot water that cooled. His word says, hot water that cooled is permitted. Rebbi Abbahu in the name of Rebbi Joḥanan: Both are forbidden. A baraita supports Rebbi Joḥanan: “Hot water is permitted as long as it is steaming. But water left uncovered is forbidden even after it was heated. Pickling, preserving, and lupine water is permitted. Water in which he soaked[food for] pickling or preserving, or lupines, is forbidden. If he soaked wild grapes for a sick person, it is forbidden.”

There, we stated: “A firstling afflicted by blood, even if it is going to die, cannot be bled, the words of Rebbi Jehudah. But the Sages say, it should be bled even if this causes a blemish. If it did cause a blemish, it should not be slaughtered because of it. Rebbi Simeon says, he should bleed it even if he makes a blemish.” Rebbi Abbahu in the name of Rebbi Eleazar: Rebbi Jehudah parallels Rabban Gamliel, the Rabbis parallel Rebbi Eliezer, Rebbi Simeon parallels Rebbi Joshua. But we have stated: “Rebbi Simeon says, he should bleed it even if he knows he will cause a blemish.” This parallels the later opinion of Rebbi Joshua. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Jehudah (Deut. 12:24): “You shall not eat it; spill it onto the ground like water.” I permitted you its blood only to spill it. Rebbi Abba Mari, the brother of Rebbi Yose, objected: That is written about [blood of] invalid sacrifices: “You shall not eat it; spill it onto the ground like water.” Rebbi Ḥiyya bar Abba said, you get from it for preparation. Just as water prepares, so blood prepares. Rebbi Abbahu in the name of Rebbi Joḥanan: Both of them explained the same verse (Lev. 22:21): “Perfect it shall be for goodwill; any blemish shall not be on it.” Rebbi Simeon explains: As long as it is for goodwill, you may not induce a blemish. If it is no longer for goodwill, you may induce a blemish. But the Sages say, even if it is all blemishes, you may not add a blemish.

There, we stated: “A firstling afflicted by blood, even if it is going to die, cannot be bled, the words of Rebbi Jehudah. But the Sages say, it should be bled even if this causes a blemish. If it did cause a blemish, it should not be slaughtered because of it. Rebbi Simeon says, he should bleed it even if he makes a blemish.” Rebbi Abbahu in the name of Rebbi Eleazar: Rebbi Jehudah parallels Rabban Gamliel, the Rabbis parallel Rebbi Eliezer, Rebbi Simeon parallels Rebbi Joshua. But we have stated: “Rebbi Simeon says, he should bleed it even if he knows he will cause a blemish.” This parallels the later opinion of Rebbi Joshua. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Jehudah (Deut. 12:24): “You shall not eat it; spill it onto the ground like water.” I permitted you its blood only to spill it. Rebbi Abba Mari, the brother of Rebbi Yose, objected: That is written about [blood of] invalid sacrifices: “You shall not eat it; spill it onto the ground like water.” Rebbi Ḥiyya bar Abba said, you get from it for preparation. Just as water prepares, so blood prepares. Rebbi Abbahu in the name of Rebbi Joḥanan: Both of them explained the same verse (Lev. 22:21): “Perfect it shall be for goodwill; any blemish shall not be on it.” Rebbi Simeon explains: As long as it is for goodwill, you may not induce a blemish. If it is no longer for goodwill, you may induce a blemish. But the Sages say, even if it is all blemishes, you may not add a blemish.

There, we stated: “A firstling afflicted by blood, even if it is going to die, cannot be bled, the words of Rebbi Jehudah. But the Sages say, it should be bled even if this causes a blemish. If it did cause a blemish, it should not be slaughtered because of it. Rebbi Simeon says, he should bleed it even if he makes a blemish.” Rebbi Abbahu in the name of Rebbi Eleazar: Rebbi Jehudah parallels Rabban Gamliel, the Rabbis parallel Rebbi Eliezer, Rebbi Simeon parallels Rebbi Joshua. But we have stated: “Rebbi Simeon says, he should bleed it even if he knows he will cause a blemish.” This parallels the later opinion of Rebbi Joshua. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Jehudah (Deut. 12:24): “You shall not eat it; spill it onto the ground like water.” I permitted you its blood only to spill it. Rebbi Abba Mari, the brother of Rebbi Yose, objected: That is written about [blood of] invalid sacrifices: “You shall not eat it; spill it onto the ground like water.” Rebbi Ḥiyya bar Abba said, you get from it for preparation. Just as water prepares, so blood prepares. Rebbi Abbahu in the name of Rebbi Joḥanan: Both of them explained the same verse (Lev. 22:21): “Perfect it shall be for goodwill; any blemish shall not be on it.” Rebbi Simeon explains: As long as it is for goodwill, you may not induce a blemish. If it is no longer for goodwill, you may induce a blemish. But the Sages say, even if it is all blemishes, you may not add a blemish.

“Growths from dedicated [seeds] and Second Tithe are profane; one redeems them corresponding to the time he sowed.” Rebbi Abbahu in the name of Rebbi Joḥanan: He redeems the entire storage for the value of that seah. The difference between dedicated [produce] and Second Tithe: Second Tithe, whether produce whose seeds disappear or whose seeds do not disappear, is redeemed by the wholesale price; only that produce whose seeds disappear is redeemed by current prices, produce whose seeds do not disappear is redeemed following the early price. Dedicated [produce], whether produce whose seeds disappear or whose seeds do not disappear, is treated in its place and time; only that one redeems the entire storage of produce whose seeds disappear for the value of that seah, but for produce whose seeds do not disappear he has to redeem the [contents of] the entire storage.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Garlic up to the size of a barley corn is a plant whose seeds disappear. Larger than that, it is a plant whose seeds do not disappear. Rebbi Yose ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Garlic is like barley in every respect.

HALAKHAH: Rav Ḥiyya bar Ashi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi Simeon. If it follows Rebbi Joḥanan, even a full meal! But since Rebbi Jeremiah, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: Rebbi Simeon agrees that nevertheless he must separate tithes as a matter of practice; therefore we have to say that this follows Rebbi Simeon.

Rebbi Abbahu in the name of Rebbi Joḥanan: Saplings of heave that had become impure he may plant and make them heave but if they were heave from before they already were pushed aside. Rebbi Abbahu in the name of Rebbi Joḥanan: Water that became impure is made to touch and may be used as water for Tabernacles but if it was water for Tabernacles from before it already is pushed aside. Rebbi Abbahu in the name of Rebbi Joḥanan: Figs and grapes that had become impure one may squeeze and make them heave but if they were heave from before they already were pushed aside. Rebbi Zeïra, Rebbi Assi, in the name of Rebbi Eleazar, one squeezes less than the volume of olives and his wine is good even for libations. They said, Rebbi Simeon ben Laqish disagrees. Both about leniency and restriction? If you say about leniency, this is understandable. If you say about restriction, did we not state: “Until he removes what is edible?”

Rebbi Abbahu in the name of Rebbi Joḥanan: Saplings of heave that had become impure he may plant and make them heave but if they were heave from before they already were pushed aside. Rebbi Abbahu in the name of Rebbi Joḥanan: Water that became impure is made to touch and may be used as water for Tabernacles but if it was water for Tabernacles from before it already is pushed aside. Rebbi Abbahu in the name of Rebbi Joḥanan: Figs and grapes that had become impure one may squeeze and make them heave but if they were heave from before they already were pushed aside. Rebbi Zeïra, Rebbi Assi, in the name of Rebbi Eleazar, one squeezes less than the volume of olives and his wine is good even for libations. They said, Rebbi Simeon ben Laqish disagrees. Both about leniency and restriction? If you say about leniency, this is understandable. If you say about restriction, did we not state: “Until he removes what is edible?”

Rebbi Abbahu in the name of Rebbi Joḥanan: Saplings of heave that had become impure he may plant and make them heave but if they were heave from before they already were pushed aside. Rebbi Abbahu in the name of Rebbi Joḥanan: Water that became impure is made to touch and may be used as water for Tabernacles but if it was water for Tabernacles from before it already is pushed aside. Rebbi Abbahu in the name of Rebbi Joḥanan: Figs and grapes that had become impure one may squeeze and make them heave but if they were heave from before they already were pushed aside. Rebbi Zeïra, Rebbi Assi, in the name of Rebbi Eleazar, one squeezes less than the volume of olives and his wine is good even for libations. They said, Rebbi Simeon ben Laqish disagrees. Both about leniency and restriction? If you say about leniency, this is understandable. If you say about restriction, did we not state: “Until he removes what is edible?”

Rebbi Abbahu in the name of Rebbi Joḥanan: so is the Mishnah, “until he removes the leaves a second time.105”

The rabbis of Caesarea asked: The saying of Rebbi Abbahu in the name of Rebbi Joḥanan, that all forbidden [food] is estimated as if it were onion, as if it were leeks, does this contradict Rebbi Jehudah? Rebbi Jehudah will agree regarding an onion of the Temple or an onion of idol worship.

“If a mashed apple is added to dough which soured, [the dough] is forbidden” It was stated: Rebbi Yose permits it. Rebbi Aḥa, Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: They disagree when it becomes sour from the juice [of the apple]. But if it becomes sour from its solid substance it is permitted. Just as Rebbi Yose says there, its souring is not clearly souring, so he says here, its cooking is not clearly cooking.

Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: A quarter [log] of fish sauce in two seah of fish sauce. But the sauce of an impure fish never can save! Rebbi Abbahu said, I computed that close to 200. Rebbi Ila in the name of Rebbi Simeon bar Ḥiyya, a quarter [log] of fish sauce in two seah of fish and fish sauce. A case came before Rebbi Joshia and he instructed accordingly.

Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: A quarter [log] of fish sauce in two seah of fish sauce. But the sauce of an impure fish never can save! Rebbi Abbahu said, I computed that close to 200. Rebbi Ila in the name of Rebbi Simeon bar Ḥiyya, a quarter [log] of fish sauce in two seah of fish and fish sauce. A case came before Rebbi Joshia and he instructed accordingly.

Rebbi Ḥanina Tortayya in the name of Rebbi Hoshaiah: Bulb vegetables with bulb vegetables, a kind with itself, Rebbi Aqiba permits but the Sages forbid. Rebbi Assi in the name of Rebbi Joḥanan: The Sages agree with Rebbi Aqiba that meat with meat is permitted. Rebbi Zeїra said to Rebbi Assi: If that had not been said, we would not know that it is so, but maybe it was said as follows: Rebbi Aqiba agrees with the Sages that meat with meat is forbidden. Rebbi Abbahu came in the name of Rebbi Joḥanan: Rebbi Aqiba agrees with the Sages that meat with meat is forbidden. Rebbi Ḥinena understood it from the next Mishnah: “Rebbi Aqiba says, all those which are cooked together are permitted except with meat.” Therefore, “meat with meat is forbidden.” Maybe it was formulated as: The Sages agree with Rebbi Aqiba that meat with meat is forbidden. Rebbi Ḥinena: Rebbi Abbahu in the name of Rebbi Joḥanan, the Sages agree with Rebbi Aqiba that meat with meat is forbidden.

Rebbi Ḥanina Tortayya in the name of Rebbi Hoshaiah: Bulb vegetables with bulb vegetables, a kind with itself, Rebbi Aqiba permits but the Sages forbid. Rebbi Assi in the name of Rebbi Joḥanan: The Sages agree with Rebbi Aqiba that meat with meat is permitted. Rebbi Zeїra said to Rebbi Assi: If that had not been said, we would not know that it is so, but maybe it was said as follows: Rebbi Aqiba agrees with the Sages that meat with meat is forbidden. Rebbi Abbahu came in the name of Rebbi Joḥanan: Rebbi Aqiba agrees with the Sages that meat with meat is forbidden. Rebbi Ḥinena understood it from the next Mishnah: “Rebbi Aqiba says, all those which are cooked together are permitted except with meat.” Therefore, “meat with meat is forbidden.” Maybe it was formulated as: The Sages agree with Rebbi Aqiba that meat with meat is forbidden. Rebbi Ḥinena: Rebbi Abbahu in the name of Rebbi Joḥanan, the Sages agree with Rebbi Aqiba that meat with meat is forbidden.

Rebbi Zeїra went to visit Rebbi Ḥiyya, the son of Rebbi Isaac Aṭoshiyya. He found him sitting. He said, they taught only for yolk, but in the egg white it is permitted. He thought that he had heard it from his ancestor. Rebbi Abbahu came in the name of Rebbi Joḥanan: Both egg white and yolk are forbidden. Rebbi Ḥalaphta ben Shaul stated: Yolk is forbidden, egg white permitted. Rebbi Zeїra said, he who says yolk is forbidden if it is found at the male part of the yolk; this applies even to yolk, but only if it is found on its male part since from there the development of the chick starts.

The colleagues in the name of Rebbi Eleazar: Rebbi Eliezer agrees with the Sages that if a drink is stinking from the start it is impure. But did we not state: “The fluid oozing out from them Rebbi Eliezer declares pure but the Sages impure”? Rebbi Ila in the name of Rebbi Eleazar: Rebbi Eliezer agrees with the Sages about the waters of the ocean; even if they are stinking the Torah calls them water (Gen. 1:10): “The collection of water He called oceans.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Eliezer agrees with the Sages that beet juice does not prepare.

HALAKHAH: Rebbi Joḥanan, the Mishnah deals with seeds of pears and paradise pears. Rebbi Eleazar said, you can even say the pit of unripe dates if they have not been sucked. But did we not state, “and so bones of sacrifices;” can you say if they have not been sucked? No, about cartilage in wings. Rebbi Abbahu came in the name of Rebbi Joḥanan: The Mishnah speaks of cartilage in wings.

Rebbi Abbahu in the name of Rebbi Joḥanan: That is its measure. But did we not state: “One produces fine flour from wheat as he wants it, he cleans vegetables as he wants it.” Rebbi Abbahu in the name of Rebbi Joḥanan: When he reduces it to its heave. Rebbi Jeremiah in the name of Rebbi Ila: Here in years of famine, there in years of plenty.

Rebbi Abbahu in the name of Rebbi Joḥanan: That is its measure. But did we not state: “One produces fine flour from wheat as he wants it, he cleans vegetables as he wants it.” Rebbi Abbahu in the name of Rebbi Joḥanan: When he reduces it to its heave. Rebbi Jeremiah in the name of Rebbi Ila: Here in years of famine, there in years of plenty.

There, we have stated: “The center parts of water melon and what is cleaned from vegetables of heave, Rebbi Dosa permits to laymen but the Sages forbid.” Rebbi Abbahu in the name of Rebbi Joḥanan: They taught that only for what is cleaned from vegetables of gardeners. But for what is cleaned from vegetables of private people, even the rabbis will agree. Rebbi Abun asked: Is it not reasonable that this refers only to the Great Heave, but for heave of the tithe torn-off leaves do not count for leaves, neither do torn-off stems for stems?

There, we have stated: “If he turned it and it accumulated, that belongs to the seller.” Rebbi Joḥanan said, there is no “belongs to the seller” but “belongs to the buyer”, as you say here. Rebbi Isaac bar Eleazar said, it is because of abandonment. Is it the same for consecrated food? Rebbi Abbahu came in the name of Rebbi Joḥanan: It is the same for consecrated food.

Rebbi Abbahu said, Jonathan ben Akhmai did teach me: The daughter of a Cohen standing Sabbath eve with a light filled with oil for burning, adds some profane oil and lights. Rebbi Zeïra said, what is the nature of this? He said to him, he was a great personality, well versed in the Mishnah. Rebbi Ḥiyya from Kefar Teḥumin explained this to Rabbi and he appointed him rabbi.

“He said to him, nothing but figs can be forbidden because of muqzeh!” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: that is, concerning the Sabbath. But concerning tithes, everything may pass through a stage of muqzeh. Rebbi Yose said, the Mishnah said so: “Dried figs when he presses them and in a bin if he planes with a roller.”

It is written (Deut. 23:25): “If you come into your neighbor’s vineyard.” I could think that this means everybody; the verse says: “Do not put into your own vessel,” but you may put into somebody else’s vessel. Who is this? This is the laborer. “You may eat grapes.” Do we not know that in a vineyard there is nothing to eat but grapes? Why does the verse say, you may eat grapes? From here [it follows] that if he works fig trees he cannot eat grapes, vines he cannot eat figs. “All your soul’s desire,” all that your inclination may be. “All your soul’s desire,” anything that is free from tithes. What you eat without obligation also the laborer may eat without obligation. “All your soul’s desire,” from here that the laborer should not eat more than the value of his wages. From here did Rebbi Eleazar Ḥisma deduce that the laborer should not eat more than the value of his wages, but the Sages permit it. From where that his wages are called his soul? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina, it says here “his soul” and it says at another place “his soul” as it is written (Deut. 24:15): “For that he carries his soul.” Just as “his soul” there means his wages, so here “his soul” means his wages. “Until you are satiated,” that he should not eat and vomit. “Until you are satiated,” that he should not peel figs or suck out grapes.

“The laborers are permitted to dip their bread in sauce so they should eat more grapes. The employer is permitted to give them wine to drink so they should eat less grapes. The owner of a cow is permitted to starve her through the night so she should eat much while threshing. The employer is permitted to feed her bundles of straw so she should not eat much while threshing.” Rebbi Abbahu said, give citrus to the animals! Rebbi Ḥanania fed them fig cake. Rebbi Mana fed them carrots.

HALAKHAH: “If somebody lifts out plants from his own property”, etc. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: This is Rebbi Aqiba’s. As we have stated there, “He may take from the threshing floor and sow and it is free from tithes until he smoothes, the words of Rebbi Aqiba.” Rebbi Ḥiyya in the name of Rebbi Joḥanan, it is the opinion of everybody. The Sages agree with Rebbi Aqiba in the matter of young plants. What is the difference between wheat and young plants? For wheat, it was the end of processing; for plants it is not the end of processing. Rebbi Aqiba agrees with the Sages in the matter of turnips and radishes because they spoil. Does wheat not also spoil? Wheat admits another threshing floor, these have no other threshing floor.

Rebbi Joḥanan in the name of Rebbi Yannai: If a heap of onions produced roots, if one takes from them on the Sabbath he is free since he does not want their growing roots. Rebbi Simeon ben Laqish said to him: What is the worry of Sabbath compared to tithes? Did we not state: “He does not have to worry either because of kilaim, or because of the Sabbatical year, or because of tithes, and they may be removed on the Sabbath.” Rebbi Zeїra said to Rebbi Abbahu: Look, what did he say! He said only, what is the worry of Sabbath compared to tithes? So he would worry about the Sabbatical for if he would like them to grow roots they would be forbidden because of aftergrowth; otherwise they are permitted because of aftergrowth. Rebbi Maisha said to Rebbi Zeїra, is that the strongest? If he had stated about a single onion in the hand it would be fine.

HALAKHAH: Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. There, we have stated: “After-wine before it fermented cannot be bought with money of [Second] Tithe or make a miqweh invalid; after it fermented it may be bought with money of [Second] Tithe and does not make a miqweh invalid.” That Mishnah is Rebbi Jehudah’s since we stated: “He who makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with money of [Second] Tithe.

HALAKHAH: Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. There, we have stated: “After-wine before it fermented cannot be bought with money of [Second] Tithe or make a miqweh invalid; after it fermented it may be bought with money of [Second] Tithe and does not make a miqweh invalid.” That Mishnah is Rebbi Jehudah’s since we stated: “He who makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with money of [Second] Tithe.

If somebody made a heap [of somebody’s grain] without the latter’s knowledge: Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Joḥanan said, it is ṭevel, Rebbi Simeon ben Laqish said, it is notṭevel. Rebbi Joḥanan objected to Rebbi Simeon ben Laqish, did we not state: “And similarly women who gave to a baker to make sour dough for them, if not one of them had the required amount it is free from ḥallah.” (But all of them had the required amount?) He said to him, because if somebody makes dough in order to distribute it, the dough is free from ḥallah. But we have stated: “A baker who made sour dough for distribution is obligated for ḥallah.” He said to him, do not answer back about a baker. For a baker, it does not depend on his opinion but on the opinions of his customers; maybe he will find a customer and it will become ṭevel immediately. He said to him, but was it not stated: “The holes of ants which were overnight near an obligated heap are obligated,” therefore, near an exempt heap they are exempt. Rebbi Jonah, Rebbi Abbahu in the name of Rebbi Joḥanan: Because of resignation. Samuel ben Abba said, only if they dragged tips of ears.

Menaḥem ben Maximus the brother of Jonathan Caiphas in the name of Rebbi Ammi: Flax may be bought from everybody during the Sabbatical. That is, if you do not know whether he is suspect or not. Therefore, if it is clear that he is suspect, it is forbidden. Zeugos, the relative of Rebbi Abba bar Zavda, in the name of Rebbi Abbahu: Vetch may be bought from anybody during the Sabbatical. Rebbi Yose said: Does our Mishnah say so? “The upper seed of arum, the seeds of leeks, seeds of egg plants, seeds of turnips and radishes, and other garden seeds which are not eaten.” We have stated on this: Seeds of indigo, seeds of madder, and seeds of vetch. That implies, not vetch itself. Maybe if you do not know whether he is suspect or not. Therefore, if it is clear that he is suspect, it is forbidden.

“Afterwine before it fermented cannot be bought with tithe money and invalidates a miqweh; after it fermented it may be bought with tithe money and does not invalidate a miqweh.” Our Mishnah follows Rebbi Jehudah as we have stated there: “If someone makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with tithe money.

“If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional.” Rebbi Hoshaia said, it follows Rebbi Jehudah, since we have stated: “Rebbi Jehudah permits in anchovies where it only serves to remove pollutants.” The rabbis of Caesarea asked: The saying of Rebbi Abbahu in the name of Rebbi Joḥanan, that all forbidden [food] is estimated as if it were onion, as if it were leeks, does this contradict Rebbi Jehudah? Rebbi Jehudah will agree regarding an onion of the Temple or an onion of idol worship.

“A tetradrachma and an as is preferred since he adds to the capital”. Rebbi Jacob bar Idi in the name of Rebbi Simai: One does not add a fifth for any Second Tithe which itself is not worth a peruṭa. Rebbi Yose ben Rebbi Simon in the name of Rebbi Joḥanan: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭa. Rebbi Abba bar Mamai objected: Did we not state “there are five peruṭot”, should one not state “six” according to Rebbi Simai, “Second Tithe which is worth a peruṭa!” And “seven” according to Rebbi Joḥanan, “the fifth of Second Tithe worth a peruṭa.” In addition, from what Rebbi Yose said in the name of Rebbi Mana bar Tanḥum, Abbahu in the name of Rebbi Joḥanan: Real estate cannot be acquired for less than a peruṭa. In addition, from the following: If the value of Second Tithe is not known, it is enough that one say: it and its fifth shall be exchanged for this tetradrachma. Rebbi Yose in the name of Rebbi Crispus, Rebbi Jonah in the name of Rebbi Zeïra: this baraita deals with a tetradrachma of tithe money where it is impossible that it not contain some profane.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Rebbi Ezra asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for something that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what rightfully is hers. Can you say in regard to a gift that a person can appoint an agent for something that is not his? In addition, from what Rebbi Yose, Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to take it back, he may take it back. Rebbi Yose stood near to Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? They said, at the moment he said it, it was a just yes.

Rebbi Zeïra asked before Rebbi Abbahu: From where that it needs redemption? (Lev. 19:24) “Holy for praises,” holy for redemption. The rabbis never refrain from explaining ה by ח.

Rebbi Abbahu said, Rebbi Joshua ben Ḥananiah and Rebbi Eleazar ben Azariah disagreed. Rebbi Joshua ben Ḥananiah said, one does not give tithe to Cohanim but Rebbi Eleazar ben Azariah said, one gives tithe to Cohanim. Rebbi Joshua ben Ḥananiah objected to Rebbi Eleazar ben Azariah: Is it not written (Num. 18:31): “You shall eat it everywhere”, come and eat it by a grave! He said to him, what means “everywhere”? In the courtyard of the Temple. He retorted, but is it not written (Num. 18:31): “You and your house”? Does a woman enter the courtyard of the Temple? Rebbi Abba understood it from the following occasion: Rebbi Eleazar ben Azariah was used to take tithes from a certain garden. That garden had two exits, one to a place of impurity and one open to a place of purity. Rebbi Aqiba went to him and said, open this one and lock the other one. If he will come, tell him to come by that way. He also said, if he sends a student, tell him “you” is written. Rebbi Eleazar ben Azariah heard this and said, that is Aqiba ben Joseph’s whip. At that moment, Rebbi Eleazar ben Azariah returned all tithes he had taken. Rebbi Isaac bar Eleazar said, for dinner one has to fill up completely with wood fibers; any coal which does not cause a burn at the beginning will not cause one.

Rebbi Judah bar Pazi started with this: (Ps. 71:16): “I shall come in strength, Eternal, God.” It is written (Zach. 4:14): “These are the two oil-sons who stand over the Lord of all the earth.” Rebbi Abbahu said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One says, these are the ones who come in novitiate before the Holy One, praised be He. The other one says, these are the ones who come by the power of [kept] commandments and good deeds before the Holy One.

Rav had flax which was blighted. He asked the elder Rebbi Ḥiyya, may one slaughter a bird and mix its blood with flax seed? He said, a cadaver. Why did he not say to him, a torn one? Because of Rebbi Meïr, for Rebbi Meïr said [the blood of] a torn [bird] must be covered. But did not Rebbi Immi say in the name of Rebbi Simeon ben Laqish: From the time when they came from the diaspora, flax was never blighted and wine never became vinegar; they considered this to be due to the merit of the Great Rebbi Ḥiyya and his sons. But Rav is like (Is. 46:12): “Listen to me, mighty of heart, who are far from charity!” Rebbi Abbahu said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One says, all the world depend on charity but these on strong arms. But the other one said that all good things and consolations come to the world in their merit but they themselves do not profit at all. For example Mar Zuṭra who prayed and fasted for others but for himself he never fasted.

{What means] demay? Rebbi Yose in the name of Rebbi Abbahu, Rebbi Ḥizqiah in the name of Rebbi Jehudah ben Pazi: Maybe he put in order, maybe he did not put in order.

There, we have stated: “If a mashed apple is added to dough which soured, [the dough] is forbidden” It was stated: Rebbi Yose says, it is permitted. Rebbi Aḥa, Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: They disagree when it becomes sour from the juice [of the apple]. But if it becomes sour from its solid substance it is permitted according to everybody. Rebbi Yose stays with his opinion; just as he says there, its cooking is not clearly cooking, so he says here, its souring is not clearly souring.

Can they whip because of their ḥallah as a biblical law? Rebbi Jonah in the name of Samuel, Rebbi Yose, Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: one cannot whip because of their ḥallah as a biblical law. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish stays with his opinion, as they differed: If somebody ground and mixed piggul and leftover [sacrificial meat], Rebbi Joḥanan said they do not cancel one another, but Rebbi Simeon ben Laqish said they do cancel one another. Rebbi Yose said, the cases are not similar. There, one says this is forbidden and that is forbidden. But here, two kinds are more than the third and cancel it; they cancelled it before it became forbidden. If one made five doughs from five different kinds and then mixed them, if Rebbi Simeon ben Laqish would say that one cannot whip because of their ḥallah as a biblical law, then the argument would be correct.

“First tithe of which its heave had been taken;” since its heave was taken, is it not like profane? Explain it if he gave it early, from ears, as Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: First tithe given early, from ears, is free from [the obligation of] great heave. Rebbi Yose said, it is written (Num. 18:29): “From all its best, the holy part from it;” not its best and the best of another person. Rebbi Yose said, it is written (Num. 18:26): “You shall lift from it the heave of the Eternal, tithe of the tithe,” but not heave and tithe from the tithe. When he made a heap and then gave its heave of the tithe. But if he gave heave of the tithe and then made a heap this does not apply. When he gave from itself for it, but if he gave from another place this does not apply.

The words of the rabbis disagree. Cahana asked Samuel: Is it not reasonable that the dema‘ which we stated here contains mostly heave? He said to him, that is also my opinion, but when you go to the Land of Israel do ask about this. When he went, he heard what Rebbi Assi said in the name of Rebbi Joḥanan, even one seah that fell into 99 [which were] profane. Rebbi Abbahu said, thus did Rebbi Simeon ben Laqish answer Rebbi Joḥanan: That one seah frees everything? Is a fig cake among fig cakes such a sure thing that heave came up in his hand? But you must say it is [to be taken] lightly; here also it is [to be taken] lightly. Could he not have objected: Is it different with fig cakes which already are disregarded? Rebbi Jonah and Rebbi Yose, both in the name of Rebbi Zeïra: Even wheat and wheat he may grind and lift.

HALAKHAH: If somebody made a heap [of somebody’s grain] without the latter’s knowledge: Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Joḥanan said, it is ṭevel, Rebbi Simeon ben Laqish said, it is not ṭevel. Rebbi Joḥanan objected to Rebbi Simeon ben Laqish, did we not state: “And similarly women who gave to a baker to make sour dough for them, if none of them had the required amount it is free from ḥallah.” (But what if all of them had the required amount?) He said to him, because if somebody makes dough in order to distribute it, the dough is exempt from ḥallah. But we have stated: “A baker who made sour dough for distribution is obligated for ḥallah.” He said to him, do not answer back about a baker. For a baker, it does not depend on his opinion but on the opinions of his customers; maybe he will find a customer and will make bread dough for him. He said to him, but was it not stated: “The holes of ants which were overnight near an obligated heap are obligated,” therefore, near an exempt heap they are exempt. Rebbi Jonah said, Rebbi Yose, Rebbi Abbahu in the name of Rebbi Joḥanan: Because of resignation. Samuel ben Abba said, only [if they dragged tips of] ears.

Rebbi Yose in the name of Rebbi Sabbatai and Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: For ḥallah and for washing one’s hands, he has to walk up to four mil. Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: That is, going forward; but one does not bother him to return on his way.

“ If he had to give heave for four or five amphoras in a cistern, he lifts the first one to the mouth of the cistern and says, this is heave. The same for the second and third, the words of Rabban Simeon ben Gamliel. Rebbi says, he lifts all of them to the mouth of the cistern and says, this is heave.” They wanted to say, for him who says he lifts the first one to the mouth of the cistern, ṭevel disappears in a plurality but for him who says he lifts all of them to the mouth of the cistern, ṭevel does not disappear in a plurality. Rebbi Abbahu in the name of Rebbi Joḥanan: They differ about earmarking. For him who says he lifts all of them to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts the first one to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan switches: For him who says he lifts the first one to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts all of them to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Zeïra said to him, is it not united by sinews?

“ If he had to give heave for four or five amphoras in a cistern, he lifts the first one to the mouth of the cistern and says, this is heave. The same for the second and third, the words of Rabban Simeon ben Gamliel. Rebbi says, he lifts all of them to the mouth of the cistern and says, this is heave.” They wanted to say, for him who says he lifts the first one to the mouth of the cistern, ṭevel disappears in a plurality but for him who says he lifts all of them to the mouth of the cistern, ṭevel does not disappear in a plurality. Rebbi Abbahu in the name of Rebbi Joḥanan: They differ about earmarking. For him who says he lifts all of them to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts the first one to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan switches: For him who says he lifts the first one to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts all of them to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Zeïra said to him, is it not united by sinews?

HALAKHAH: Rebbi Abbahu in the name of Rebbi Joḥanan: Rebbi Eliezer obligated only hereditary tenants, for example from Hillel to the House of Rebbi. Rebbi Ḥalaphta ben Shaul stated: Rebbi Eliezer fined him. Where do they differ? For a temporary sharecropper. For him who says a fine, he is obligated. For him who says hereditary tenants, he is exempt.

Rebbi Abbahu instructed in Bostra that it needs a plurality. Rebbi Jonah said, it teaches that it is lifted by less than 100 and is not forbidden up to 101. Rebbi Zeïra said, the Mishnah implies even one in one, as we have stated: “It may be eaten at one table with a layman”.

Some of them are given to the people of the watch; some of them are given to any Cohen. Firstlings and First Fruits to the people of the watch; all others to any Cohen. Rebbi Jeremiah asked before Rebbi Zeïra, from where that ḥērem-dedications are for the people of the watch? He said to him: (Lev. 27:21) “Like the ḥērem-dedicated field it shall become the property of the Cohen.” From where that the property itself should be given to the people of the watch? Because it is written “it shall become the property of the Cohen.” (From where that ḥērem-dedications are for the people of the watch?) But is it not written: (Deut. 18:3) “He shall give to the Cohen foreleg, jawbone, and first stomach,” should it not be for the people of the watch? Rebbi Aḥa, Rebbi Abbahu in the name of Rebbi Joḥanan: (Lev. 27:28) “Every ḥērem-dedication shall be most holy to the Eternal.” Just as most holy sacrifices are for the people of the watch, so ḥērem-dedications are for the people of the watch!

It was stated: “If a tree is partially planted in the Land and partially outside the Land, since it is partially planted in the Land it is as if completely planted in the Land, the words of Rebbi. Rabban Simeon ben Gamliel says, the part planted in the Land is obligated, the part planted outside the Land is free.” Rebbi Abbahu in the name of Rebbi Joḥanan: It is as if ṭevel and tithed are mixed together.

Rebbi Abbahu in the name of Rebbi Joḥanan: A citrus medica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; if [the tree] was attached to another tree even if [the fruit] grows much it is forbidden because growth of something forbidden cannot lift what is forbidden. Therefore, an attached young twig must be permitted because, if you say it is not permitted, even if it grows much it will be forbidden! Rebbi Zeïra in the name of the rabbis: A citrusmedica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; what was attached to another tree even if it grows much is forbidden; one whips for the size of an olive.

Rebbi Abbahu in the name of Rebbi Joḥanan and Rav Ḥisda, both say: they differ in the uninformed case. What are we dealing with? If it is certain that it lives off the old tree, everybody agrees it is permitted. If it is certain that it lives off the young tree, everybody agrees it is forbidden. We must be dealing with the uninformed case. How could one know? Rebbi Vivian in the name of Rebbi Ḥanina: If the leaves are turned towards the young tree one may be sure that it lives from the old one; if the leaves are turned towards the old tree one may be sure that it lives from the young one. Rebbi Yudan bar Ḥanin said, a sign: He who eats from his neighbor’s is ashamed to look at him. Rebbi Yudan, the father of Rebbi Mattaniah said, explain it if the leaves have fallen off.

Rebbi Assi in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: [All sources of taste one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah:] All sources of taste one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Assi disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, spices, or creates dema‘? If you say about 100 or 200, even if it does not sour, spice, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were so.

There, we have stated: “Rebbi Eliezer says, heave is lifted at the rate of one in 100. Rebbi Joshua says by 100 and more.” There, [Rebbi] Ḥizqiah, Rebbi Abbahu said in the name of Rebbi Eleazar, everywhere where Rebbi taught a disagreement and returned to the problem later and taught it anonymously, practice follows the anonymous opinion. Since we have stated: “A seah of heave which fell into 100” and Rebbi Eleazar said, one cannot say “into 100” but “into 99.” As we have stated, Rebbi Eliezer and Rebbi Joshua.

Who stated “they combine with one another”? Rebbi Meïr, since Rebbi Abbahu said in the name of Rebbi Joḥanan: The word of Rebbi Meïr is that all forbidden [foods] combine with one another to whip for them in the volume of an olive since it says: (Deut. 14:3) “You shall not eat any abomination.”

Here, you say one has to lift, but there you say, one does not have to lift! Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan, because of robbing the tribe. Also, it was stated thus: “Any heave for which the Cohanim do not care, e. g., the heave of kelesin, carob, and red barley, one does not have to lift.”

HALAKHAH: We understand two names for one kind. But two kinds of one name? Rebbi Abbahu in the name of Rebbi Eleazar: They taught this about sweeteners.

Rebbi Abbahu in the name of Rebbi Joḥanan, there are three kinds of imparting taste. Anything a common person tastes and says, this dish is not missing anything, if it fell in, it may improve the taste but is permitted. Even if he says, this dish contains spice x, when it spoils the taste it is permitted. But if a professional tastes it and says, this dish contains spice x, when it spoils the taste it is forbidden.

Rebbi Abbahu in the name of Rebbi Joḥanan, all forbidden [food] is estimated as if it were onion, as if it were leeks. That is, anything usually estimated as if it were onion, as if it were leeks. Anything which is not usually estimated as if it were onion, as if it were leeks, how do you estimate it? How do you estimate cumin?

Rebbi Yudan said, did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners usually are estimated as if they were onion or leeks, one estimates them as if they were onion or leeks. All other forbidden [foods], since they are not usually estimated as if they were onion or leeks one estimates in their kinds. Cumin one estimates by its kind.

Rebbi Mana did not say so but: Did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners all taste the same, they are estimated as if they were onion, as if they were leeks. All other forbidden [foods], since they do not taste the same one does not estimate them as if they were onion, as if they were leeks. Cumin is a problem.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not whip for anything imparting taste until he tasted the forbidden thing itself. Rebbi Ḥama bar Yose objected before Rebbi Joḥanan: There is meat in milk, where he did not taste the forbidden thing itself and you say that he is whipped! He accepted that. What means, he accepted that? Like a person who listens to the argument of the opposing party he accepted it.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not whip for anything imparting taste except imparting taste for the nazir. Rebbi Zeïra said, one does not whip for anything imparting taste until he tasted the forbidden thing itself except the nazir even if he did not taste the forbidden thing itself. Rebbi Abba bar Mamal said, for food imparting taste what is forbidden and what is permitted are not combined, but for the nazir forbidden and permitted do combine. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Zeïra: If wine in the volume of an olive fell into a dish and he ate from it, he cannot be prosecuted unless he ate the entire dish. In the opinion of Rebbi Abba bar Mamal, if he ate the volume of an olive from it he is guilty. A baraita supports Rebbi Abba bar Mamal: “What do we understand when it is said (Num. 6:3): ‘Anything in which grapes were soaked he should not eat’? What did the verse leave out that was not said? But since it was said (Num. 6:4): ‘anything made from the wine-vine, from seeds to grape skins he should not eat;’ (Num. 6:3) ‘from wine and liquor he shall abstain.’ Why does the verse say ‘anything in which grapes were soaked he should not eat’? That means that if he soaked grapes and then soaked his bread in that, if it adds up to the volume of an olive, he is guilty. From here you argue about all prohibitions of the Torah. Since for all that comes from the vine, whose prohibition is neither permanent, nor a prohibition of usufruct, and whose prohibition can be lifted, He made taste like the thing itself; is it not logical that for all prohibitions of the Torah, whose prohibition is permanent, is a prohibition of usufruct, and whose prohibition cannot be lifted, that we treat taste like the thing itself? From here, the Sages inferred that everything imparting taste is forbidden.” This is difficult for Rebbi Zeïra who says everywhere “unless he tasted”, and here he says, “even if he did not taste.”

HALAKHAH: There, we have stated: “Libation wine is forbidden and makes forbidden in the most minute amount.” Ḥizqiah said, if somebody mixed a cup from forbidden and from permitted [wine], if the forbidden fell in last it makes it forbidden, permitted at the end makes it permitted. Rebbi Samuel ben Rav Isaac said, this follows Rebbi Eliezer, as Rebbi Eliezer said, I am going after the last one. Rebbi Jeremiah said, this is a stringency about libation wine. Rebbi Yose asked, if it were a stringency about libation wine, even if the permitted fell in last it should be forbidden! Rebbi Assi in the name of Rebbi Joḥanan: If somebody mixed a cup from forbidden and from permitted [wine], one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Hoshaia said, only if the permitted fell in last. Rebbi Ammi in the name of Rebbi Joḥanan, it does not make any difference whether the forbidden fell in first and the permitted last or the permitted first and the forbidden last, even water and wine, even if it was mixed perfectly from permitted, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Zeïra said, that which you say and everybody stated, how can this be? Rebbi Yose ben Rebbi Abun, Rebbi Abbahu in the name of Rebbi Joḥanan, if a flask of libation wine fell into an amphora of wine and then it fell into a water cistern, one considers the permitted as nonexistent; if it can be tasted it is forbidden, otherwise permitted.

And Rebbi Jeremiah said in the name of Rebbi Simeon ben Laqish, who is the Tanna of the leavened matter of Samaritans? Rebbi Eliezer! And Rebbi Yose said to Rebbi Ḥanina Eyntanaya: Do you remember that you and Rebbi Jeremiah said in the name of Rebbi Simeon ben Laqish, who is the Tanna of the leavened matter of Samaritans? Rebbi Eliezer! But we do not say so, since Rebbi Hila said in the name of Rebbi Simeon ben Laqish, they treated leavened matter of Samaritans following Rebbi Eliezer. In addition from the following: Rebbi Ḥanina said, my father Rebbi Abbahu had a case; he sent to Rebbi Ḥiyya, Rebbi Assi, and Rebbi Ammi, and they instructed him according to Rebbi Eliezer. Would they instruct according to an isolated opinion? But it is that they treated leavened matter of Samaritans following Rebbi Eliezer.

So far if he rubbed in on one side and found on the other side. If he rubbed on this side and found on the same side, what does Rebbi Eliezer say? Let us hear from the following which Rebbi Abbahu said in the name of Rebbi Joḥanan: Not only a flask but also a bowl; and Rebbi Joḥanan said, Rebbi Jehudah and Rebbi Eliezer said the same thing. Can you say there, if he rubbed in on one side and found on the other side? No, if he rubbed on this side and found on the same side. Here also, if he rubbed on this side and found on the same side.

Rebbi Abbahu said, Rebbi Joḥanan asked: What is the difference between heave with regard to lay people and Sabbatical produce with regard to Cohanim? Heave for lay people is forbidden; is Sabbatical produce for Cohanim permitted? Rebbi Joḥanan came back and said, explain it that heave sourdough fell in first; the Sabbatical produce did only spoil.

Rebbi Abbahu in the name of Rebbi Eleazar: Everywhere it is written “do not eat, do not eat, it shall not be eaten”, you understand a prohibition of usufruct included in the probition of eating unless the verse comes and explains to you as it did explain about limbs of a living animal and a carcass. What did it explain about limbs of a living animal? (Ex. 22:30) “Flesh torn in the field you shall not eat.” And what did it explain about a carcass? (Deut. 14:21) “Do not eat any carcass; to the sojourner in your gates you shall give it and he may eat it.” Hizqiah stated a disagreement. What does one forbid to the dog?

But is it not written (Lev. 7:23): “Any fat of cattle, sheep, or goats you shall not eat”? Do you not have to understand the prohibition of usufruct from the prohibition of eating? There is a difference, for it is written (Lev. 7:24): “But fat of a carcass and fat of a torn animal”. But is it not written (Deut. 12:16): “Only the blood”? There is a difference, for it is written: “You shall pour it on the ground like water.” Since water is permitted for use, so blood is permitted for use. But is it not written (Gen. 32:33): “Therefore, the Children of Israel do not eat the sinew of the schiatic muscle”? Rebbi Abbahu said, I explained it by the sinew of a carcass or a torn animal. But is it not written (Lev. 23:14): “Bread, parched or fresh grains you shall not eat”? Rebbi Abba Mari the brother of Rebbi Yose said there is a difference since the verse fixed a time for it. But is it not written (Lev. 11:42): “Do not eat them for they are abominations”? Rebbi Mana said, that excludes their prohibition of usufruct.

Rebbi Abbahu in the name of Rebbi Joḥanan: He who makes a wound dressing from a stoned ox or from leftover sour matter after Passover cannot be whipped since its prohibition is not clear. For vineyard kilaim he is whipped since Rebbi Ḥanina said (Deut. 22:9): “Lest it be sanctified”, lest fire should be kindled. For ‘orlah it is problematic. A prescriptive commandment to remove is written, a prohibition to eat is written, a prohibition to remove it is not written.

Rebbi Zeïra asked before Rebbi Abbahu: Here you say so, there you say so? He said to him, one in the name of Rebbi Eleazar, one in the name of Rebbi Joḥanan.

The rabbis of Caesarea, Rabbi Abbahu in the name of Rebbi Joḥanan: Nowhere do you understand a prohibition of usufruct included in the probition of eating if it is written “do not eat”. The paradigm for all cases is (Lev. 6:23): “Any purification offering of whose blood was brought into the Tent of Meeting to purify the sanctuary shall not be eaten, in fire it shall be burned.” Ḥizqiah stated support for Rebbi Joḥanan: If one understands what has been said (Lev. 7:23): “Any fat of cattle, sheep, or goats you shall not eat,” why has it been said (Lev. 7:24): “But fat of a carcass and fat of a torn animal may be used for any work”? It comes to tell you, even for the work of Heaven. If one understands what has been said (Lev. 12:16): “But the blood you shall not eat,” why has it been said “you shall pour it on the ground like water”? It comes to tell you, as water prepares, so blood prepares. If one understands what has been said (Deut. 14:21) “Do not eat any carcass;” why has it been said “to the sojourner in your gates you shall give it and he may eat it”? To tell you that the resident sojourner may eat carcass meat. If one understands what has been said (Ex. 22:30): “Flesh torn in the field you shall not eat,” why has it been said “throw it to the dog”? This you throw to the dog but not profane meat slaughered in the Temple precinct.

If leprous stones were turned into lime, some Tannaїm state they rose from their impurity; some Tannaїm state they did not rise from their impurity. For him who stated they rose from their impurity, are they permitted, but for him who stated they did not rise from their impurity, are they forbidden? Even for him who stated they rose from their impurity, they are forbidden since it is written (Lev. 14:44): “A cursed plague”, it should be cursed and you shall have no usufruct from it. Rebbi Abbahu in the name of Rebbi Joḥanan: The ashes of everything burned are permitted except ashes coming from idolatry. Rebbi Ḥiyya bar Joseph objected before Rebbi Joḥanan: There are the ashes of the (leprous) house which do not come from idolatry and you say they are forbidden! He said to him, there is a difference since it is written “tearing down, tearing down.”

HALAKHAH: If they fell down and broke, whether unintentionally or intentionally they should not be lifted, the words of Rebbi Meïr. Rebbi Jehudah says, whether unintentionally or intentionally they may be lifted. Rebbi Yose says, unintentionally they may be lifted, intentionally they may not be lifted. What is the reason of Rebbi Meïr? They fined for the unintentional because of the intentional. What is the reason of Rebbi Jehudah? He already paid his fine. What is the reason of Rebbi Yose? As Rebbi Abbahu said in the name of Rebbi Joḥanan, any prohibited item to which [something permitted] was added, unintentionally it is permitted, intentionally it is forbidden.

It was stated in the name of Rebbi Jehudah: The proselyte himself brings and makes the declaration. What is the reason? (Gen. 17:5) “For I made you the father of the multitude of Gentiles.” In the past you were the father of Aram, from now onwards you will be father of all Gentiles. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Abbahu and he instructed following Rebbi Jehudah.