ben
6594 occurrences across the corpus
The Jerusalem Talmud
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.
There, we have stated: “The following disable and do not fill: Water, whether pure or impure, pickling water, cooking water, afterwine before it became vinegar.” Here, you treat it as food, there as fluid. Rebbi Mana said, here when it is thick, there when it is thin. Rebbi Yose ben Rebbi Abun said, you may even say in both cases thick or thin. Taste counts for heave but not for a miqweh.
Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi’s, as we have stated: “Wine in muries, Rebbi permits but Rebbi Eleazar ben Rebbi Simeon forbids. Therefore, if somebody transgressed and put it in, Rebbi forbids it to laymen but Rebbi Eleazar ben Rebbi Simeon permits to laymen.”
Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi’s, as we have stated: “Wine in muries, Rebbi permits but Rebbi Eleazar ben Rebbi Simeon forbids. Therefore, if somebody transgressed and put it in, Rebbi forbids it to laymen but Rebbi Eleazar ben Rebbi Simeon permits to laymen.”
Rebbi Mana ben Rebbi Tanḥum asked: Following him who permits to laymen, why is muries of Gentiles forbidden? Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba, it is forbidden as being cooked by Gentiles. Rebbi Yose objected: Did we not state: “From a professional it is permitted, not from a professional it is forbidden.” From a professional it is permitted even if it is cooked; similarly, from a non-professional it is forbidden even if not cooked. Rebbi Joḥanan bar Maria said, even according to him who says from a professional it is permitted, only if he knows. This implies that usufruct of heave is permitted, usufruct of paganism is forbidden.
Jehudah ben Keni, Rebbi Ammi in the name of Rebbi Simeon ben Laqish: Because he reduces the number of drinkers.
Jehudah ben Keni, Rebbi Ammi in the name of Rebbi Simeon ben Laqish: Because he reduces the number of drinkers.
In the opinion of Rebbi Nathan, Rebbi Meїr, Rebbi Eliezer ben Jacob, and Rebbi Eliezer, all three said the same. Rebbi Meїr, for he says, “fruit juice never is disregarded.” Rebbi Eliezer ben Jacob as we have stated: “Pure fish sauce into which fell the smallest amount of water is impure.” And Rebbi Eliezer here.
In the opinion of Rebbi Nathan, Rebbi Meїr, Rebbi Eliezer ben Jacob, and Rebbi Eliezer, all three said the same. Rebbi Meїr, for he says, “fruit juice never is disregarded.” Rebbi Eliezer ben Jacob as we have stated: “Pure fish sauce into which fell the smallest amount of water is impure.” And Rebbi Eliezer here.
The reason of Rebbi Eliezer (Lev. 11:34): “Any drink.” What is the reason of the rabbis? “That can be drunk.” Does Rebbi Eliezer hold with Rebbi Ismael, that for a particular statement after a general one, everything is included? He assumes more than Rebbi Ismael, in that even if there is a second general statement, all is included. Rebbi Paregoros from Caesarea: Rebbi Eliezer ben Rebbi Ismael said: So did Rebbi Eliezer answer the Sages: Since you interpret (Lev. 11:34): “That can be eaten,” to exclude stinking food, so I hold “that can be drunk,” to exclude stinking drinks. They said to him, solid food and drinks are not comparable. If you argue about food, which is pure if stinking from the start, what can you infer for drinks since drinks stinking from the start can become impure? Another approach: If you argue about food, when human food does not need thinking about, what can you infer for drinks since human drink needs thinking about? Because they need thinking about them, should drinks stinking from the start become impure? Because they need thinking about them, drinks stinking from the start should be pure! Another approach. They said to him: If you argue about food, animal feed for humans is not created by thought, what can you infer for drinks since animal drinks for humans need thought? We have stated thus: (Lev. 11:34) “Any drink,” why does the verse have to add “that can be drunk”? This excludes stinking drinks, the words of Rebbi Eliezer. They said to him, no drink is rejected by birds or a cow.
Rebbi Joḥanan in the name of Rebbi Simeon ben Ioḥai: If somebody would say to you there are eight drinks, tell him, are not dew and water the same? But they counted them as two! If we had another, would they not have counted it? If another did exist, would they not have counted it?
Rebbi Ḥalaphta ben Shaul stated: A pot in which heave was cooked is cleansed three times with boiling water and that is enough. Rebbi Abba said, one does not learn from this for carcass meat. Rebbi Yose said, I objected before Rebbi Abba: Heave implies a deadly sin, carcass meat is a simple prohibition, and you say so? He said to me, it follows him who says, they accepted tithes voluntarily.
“ Yeast of heave, the first and second are forbidden, the third is permitted. When has this been said? If he added water. But if he did not add water, even the third is forbidden Yeast of second tithe, the first is forbidden but the second permitted. Rebbi Meïr said, the second by imparting taste.” Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, the consecrated is like the accumulated.
Rebbi Yudan, the son of Rebbi Yose ben Ḥanina’s sister, in the name of Rebbi Yose ben Ḥanina: Less than that he puts in his fire. Rebbi Yannai in the name of Rebbi Jehudah: “Solid food corresponding to a cooked easy egg. That means that the volume of an egg is valid in impurity, but pure the minutest amount must be delivered. If it is demay; but if it is certain it must be delivered impure or pure, much or little.”
Rebbi Yudan, the son of Rebbi Yose ben Ḥanina’s sister, in the name of Rebbi Yose ben Ḥanina: Less than that he puts in his fire. Rebbi Yannai in the name of Rebbi Jehudah: “Solid food corresponding to a cooked easy egg. That means that the volume of an egg is valid in impurity, but pure the minutest amount must be delivered. If it is demay; but if it is certain it must be delivered impure or pure, much or little.”
Ada the nurse asked Rebbi Ammi: Since I am dipping wicks at a sick person’s? He said to him, it becomes insignificant in the wick. Rebbi Jehudah ben Pazi instructed those of Bar Neḥemiah in this way. Rebbi Immi took a wick, Rebbi Ila did not take a wick. Did Rebbi Ila not agree with Rebbi Immi? Rebbi Ila thought because of robbery; in addition, the nurse will spoil the 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.
Vegetables from where? Issy ben Jehudah says, tithes of vegetables are from their words.
“Even though it was kept to grow it is subject to tithes small or large.” Does this imply that if it was not kept to grow it is not subject to tithes small or large? Rebbi Immi in the name of Rebbi Simeon ben Laqish: To exclude the words of Rabban Gamliel as we have stated there: “Rabban Gamliel says, flower buds of fenugreek, mustard, and white beans are subject to tithes.” Rebbi Yasa said, did Rabban Gamliel obligate them because of food? If it were so, what about their greenery? But Rabban Gamliel says, they are important as food, but the rabbis say, they are not important as food. In addition, from what we are stating: “Rebbi Joshua said, I never wanted to tell anybody go, collect flower buds of fenugreek, mustard, and white beans and cook them, to free them from tithes.”
Rebbi Joḥanan said: I was riding on my grandfather’s shoulder when I heard the voice of Rebbi Simeon ben Eleazar who was sitting and stating: “One collects the insides of a sweet melon but one does not collect the insides of a water melon.” What is the difference between the insides of a sweet melon and those of a water melon? Rebbi Simeon ben Barsana said, the insides of a sweet melon are for eating, those of a water melon for sowing. If you would say so, you will end up sweeping the ground on the Sabbath.
Rebbi Joḥanan said: I was riding on my grandfather’s shoulder when I heard the voice of Rebbi Simeon ben Eleazar who was sitting and stating: “One collects the insides of a sweet melon but one does not collect the insides of a water melon.” What is the difference between the insides of a sweet melon and those of a water melon? Rebbi Simeon ben Barsana said, the insides of a sweet melon are for eating, those of a water melon for sowing. If you would say so, you will end up sweeping the ground on the Sabbath.
New section. “All red fruits when they start to become red.” Miasha stated: Even if only one pomegranate was soft, all is connected for tithe. “A bunch of grapes one berry of which became red is all connected for tithes.” Rebbi Ḥanina said, they made it clear to us, [this refers to] the entire vine, even to the entire strain. They added and made it clear, all this direction. Rebbi Yose ben Rebbi Abun said, the entire vineyard. If it was a small vineyard and he made it large, large and he made it small, one and he split in into two, two which he united?
Samuel said, if a pumpkin was punctured, all that grows in that depression is forbidden. The same holds for bunches of dates. “ Rebbi Yose said, Jonathan ben Ḥarasha from Genezareth asked Rabban Gamliel and the Sages at Jabneh: What is the status of punctured soft dates on their tree? They said to him, that entire date palm is forbidden.” Rebbi Yose said, that statement is needed if all [dates] are punctured; you should not say, since a snake does not usually do this, a cloud of birds rested on them and pecked at them. Rebbi Jonah in the name of Rebbi Simeon the Pious: Punctured soft dates on their tree are forbidden, but people behave as if they were permitted and they are not hurt.
New section. “Pomegranates when they get soft.” Rebbi Zeïra in the name of Rebbi Assi: When the food gets soft in his hand. Rebbi Jehudah bar Pazi in the name of Rebbi Joshua ben Levi: From when half the juice is in them. Rebbi Jonah asked: Maybe he understood that from teachers of homilies? (Deut. 1:28) “Our brethren made our hearts melt,” they split our hearts in two.
New section 1. “All white ones,” e. g. מרפייתא. Rebbi Ḥinena bar Pappa said, when they get white bald spots. Rebbi Simeon ben Yoḥai stated, when water starts to flow in them. There came a case before Rebbi Ḥanina and he wanted to act following Rebbi Ḥinena bar Pappa. He had second thoughts and said, do they get bald because of the edible part? Rather it is because a worm is in them!
New paragraph 2. “Fenugreek so that a new plant grows.” So is the Mishnah: So that it would grow if sown. How can one check? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He takes a handful and puts it into a pot full of water. If the greater part of it will sink down, it is obligated; otherwise it is exempt. Rebbi Jonah asked: In this case, should not that which sank down be obligated, what did not sink down be exempted? But it must have been said about the greater part of each single ear. Rebbi Yose ben Rebbi Abun confirmed: It has been said about the greater part of each single ear.
Rebbi Ḥiyya in the name of Rebbi Ḥanina: From when are olives subject to tithes? When the quickly growing summer fruit first ripens. If no quickly growing summer fruit ripens, when white figs first ripen. If there are no white figs to ripen, when the second batch is seen in the muqẓeh. Rebbi Eleazar ben Rebbi Yose said in the name of Rebbi Tanḥum bar Ḥiyya, when the first really white white figs ripen. Rebbi Yose ben Rebbi Abun said, this refers only to white figs of the same place.
Rebbi Ḥiyya in the name of Rebbi Ḥanina: From when are olives subject to tithes? When the quickly growing summer fruit first ripens. If no quickly growing summer fruit ripens, when white figs first ripen. If there are no white figs to ripen, when the second batch is seen in the muqẓeh. Rebbi Eleazar ben Rebbi Yose said in the name of Rebbi Tanḥum bar Ḥiyya, when the first really white white figs ripen. Rebbi Yose ben Rebbi Abun said, this refers only to white figs of the same place.
“What is obligated among bitter almonds is free among sweet almonds”, small ones; “what is obligated among the sweet is free among the bitter”, large ones. “ Rebbi Ismael ben Rebbi Yose stated in the name of his father: Bitter almonds are free; sweet ones are not obligated before the outer shell separates.” Rebbi Ḥanina instructed in Sepphoris following that statement of Rebbi Ismael ben Rebbi Yose. What did he instruct about? The people of Sepphoris said, about bitter ones. Rebbi Zeїra said, about sweet ones. Rebbi Joḥanan said, if they came down here they would become obligated. If they are brought up, they already are free. Rebbi Phineas instructed: After one saw three with detached outer shell, he gives heave for the entire box. Rebbi Mana said, only he may not give heave from one box for another.
“What is obligated among bitter almonds is free among sweet almonds”, small ones; “what is obligated among the sweet is free among the bitter”, large ones. “ Rebbi Ismael ben Rebbi Yose stated in the name of his father: Bitter almonds are free; sweet ones are not obligated before the outer shell separates.” Rebbi Ḥanina instructed in Sepphoris following that statement of Rebbi Ismael ben Rebbi Yose. What did he instruct about? The people of Sepphoris said, about bitter ones. Rebbi Zeїra said, about sweet ones. Rebbi Joḥanan said, if they came down here they would become obligated. If they are brought up, they already are free. Rebbi Phineas instructed: After one saw three with detached outer shell, he gives heave for the entire box. Rebbi Mana said, only he may not give heave from one box for another.
“Grain when it is in smooth piles.” Rebbi Ḥanania in the name of Rebbi Joḥanan: When he straightens his heap. But did not Rebbi Jacob ben Sisin state: “When does he start to give heave from his threshing floor? When he removes the pitchfork.” Here, when he intends to smoothe, there if he did not intend to smoothe. It was stated: “He sifts part and gives heave from the sifted part for what is not sifted.” Rebbi Ila said, for this is the way of householders to bring it into their houses. What is the reason? (Is. 30:24) “The bulls and young donkeys which work the soil will eat sour mix.” If he sifted [grain] dedicated to the Temple and then redeemed it; since he was able to eat from it as a snack and now he cannot eat, it is as if he did it with the permission of the Temple and he is obligated. Rebbi Ḥinena objected: Did we not state, “if he took out and cleaned what was dedicated to the Temple, he is free?” Rebbi Yudan said, there it is not impossible for him not to preserve or not to cook a long time. But here it is impossible for him not to smooth it, as Rebbi Ila said, the bulls and young donkeys, etc.
We have stated: “But he collects from under the sieve and eats.” Rav Ḥisda said, because it misses the action of the wind. Rebbi Ila in the name of Rebbi Yasa: It misses rest. But did we not state: “Wine after he cleaned it?” For him who says because it misses rest [it is understandable]. For him who says because it misses the action of the wind, it still misses [removal of] its yeast. Rebbi Benjamin ben Gidul objected: Did we not state: “Oil after it descended into the barrel?” For him who says because it misses rest [it is understandable]. For him who says because it misses the action of the wind, it still misses clearing up.
Rebbi said to his son Rebbi Simeon, climb up and bring us dried figs from the barrel. He said to him, is it not forbidden because of muqzeh? He retorted, are you still holding that? Nothing but figs and grapes can be forbidden because of muqzeh! Rebbi Samuel bar Sisarta: Because they stink in between. Rebbi Zeїra asked before Rebbi Assi: Is it not reasonable to hold that the case involved split dates? He said to him, that is my opinion also. Rebbi Yose ben Rebbi Abun, Rebbi Isaac bar Bisna in the name of Rebbi Joḥanan: The case involved split dates.
“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.
“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.
HALAKHAH: When fruits were collected not for use on the Sabbath and the Sabbath started, Rebbi Joḥanan said, the Sabbath makes it ṭevel, Rebbi Simeon ben Laqish said, the Sabbath does not make it ṭevel. Rebbi Simeon ben Laqish objected to Rebbi Joḥanan, since you say the Sabbath makes it ṭevel, did we not state: “If somebody brings fruits from Galilee to Judea or if he is on a pilgrimage to Jerusalem, he may eat until he reaches his destination; the same holds for the return journey?” We stated about this: Even if he stayed overnight, even if he stayed over the Sabbath! He said to him, when he wants to stay for the Sabbath. You should know that this is so since we have stated about this: “Even if he stayed for the Sabbath on Monday.” Can you have the Sabbath on a Monday? It must be that he wants to stay for the Sabbath; here also if he wants to stay for the Sabbath.
HALAKHAH: When fruits were collected not for use on the Sabbath and the Sabbath started, Rebbi Joḥanan said, the Sabbath makes it ṭevel, Rebbi Simeon ben Laqish said, the Sabbath does not make it ṭevel. Rebbi Simeon ben Laqish objected to Rebbi Joḥanan, since you say the Sabbath makes it ṭevel, did we not state: “If somebody brings fruits from Galilee to Judea or if he is on a pilgrimage to Jerusalem, he may eat until he reaches his destination; the same holds for the return journey?” We stated about this: Even if he stayed overnight, even if he stayed over the Sabbath! He said to him, when he wants to stay for the Sabbath. You should know that this is so since we have stated about this: “Even if he stayed for the Sabbath on Monday.” Can you have the Sabbath on a Monday? It must be that he wants to stay for the Sabbath; here also if he wants to stay for the Sabbath.
It was stated: “It happened that Rebbi Joshua went to Rabban Joḥanan ben Zakkai in Bene Ḥayil, and some local people brought them fruits. Rebbi Joshua said to them, if we stay overnight, we are obligated to tithe; otherwise, we are not obligated to tithe.” Rebbi Zeїra said, Rebbi Joshua insists on cleanliness. Rebbi Mana said to him, are all others insane? But Rebbi Joshua, who frequently was attended to, says that staying overnight induces ṭevel. For all others, who are not frequently attended to, staying overnight does not induce ṭevel. But did we not state: “Peddlers who make the tour of villages may eat until they come to the place where they will stay for the night.” Where is their overnight stay? In their house! Rebbi Simeon ben Laqish in the name of Rebbi Ḥanina: Like those of Kefar Ḥanina who go out, trade in four or five villages, return, and sleep in their houses.
It was stated: “It happened that Rebbi Joshua went to Rabban Joḥanan ben Zakkai in Bene Ḥayil, and some local people brought them fruits. Rebbi Joshua said to them, if we stay overnight, we are obligated to tithe; otherwise, we are not obligated to tithe.” Rebbi Zeїra said, Rebbi Joshua insists on cleanliness. Rebbi Mana said to him, are all others insane? But Rebbi Joshua, who frequently was attended to, says that staying overnight induces ṭevel. For all others, who are not frequently attended to, staying overnight does not induce ṭevel. But did we not state: “Peddlers who make the tour of villages may eat until they come to the place where they will stay for the night.” Where is their overnight stay? In their house! Rebbi Simeon ben Laqish in the name of Rebbi Ḥanina: Like those of Kefar Ḥanina who go out, trade in four or five villages, return, and sleep in their houses.
Rebbi Ḥalaphta ben Shaul stated: A person wants to unload his wares in the first house he encounters and stay overnight there.
Rebbi Hila in the name of Rebbi Eleazar: Just as they differ here they differ about a secure courtyard since Rebbi Joḥanan said that [the rules of] buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.
MISHNAH: If somebody says to another person, here take this as for twenty figs that I shall choose, he chooses and eats; for the bunch of grapes that I shall choose, he selects single grape berries and eats; for the pomegranate that I shall choose, he picks single kernels and eats; for the watermelon that I shall choose, he bites off and eats. But if he said, for these twenty figs, for these two bunches, for these two pomegranates, for these two watermelon, he eats as he is used to and he is free since he bought when it was still connected to the ground. If somebody hires a worker to slice figs; if that one told him, on condition that I may eat from the figs, he eats and is free; on condition that I and my son will eat, or that my son may eat in lieu of my wages, he may eat and is free, and his son may eat but is obligated; on condition that I may eat while cutting and after cutting, while cutting he eats and is free, after cutting he eats and is obligated since he does not eat because of the Torah. That is the principle: He who eats because of the Torah is free; if he does not eat because of the Torah he is obligated. If he was working with lĕbāsîm he should not eat benôt ševa‘ and vice-versa. But he may hold back until he reaches the place of good ones and eat there. If somebody switches with another person so that each one eats directly, or each one cuts, or one eats and one cuts, he is obligated. Rebbi Jehudah says, he who exchanges to eat is obligated, to cut is free.
There, we have stated: “If he worked with his hands but not with his feet, with his feet but not with his hands, even on his shoulder, he eats.” We have stated about this, with his hands he makes bundles, with his feet he creates support, even on his shoulder he carries. “Rebbi Yose ben Rebbi Jehudah says, only if he works with his hands, feet, and body,” as in threshing where he works with his hands, feet, and body, so for anything he works with his hands, feet, and body. Threshing, just as threshing is particular in that it applies to plucked [grain], so for anything plucked. This excludes him who thins among garlic and onions, makes supports for vines, and weeds under an olive tree. Threshing, just as threshing is particular in that it applies to growth from the earth, so for anything growing from the earth. This excludes him who milks, makes cheese, or churns milk. Threshing, just as threshing is particular in that it does not apply after processing, so for anything not after processing. This excludes him who separates dates or dried figs, wine after it is fermented and olive oil when it descends into the vat. Threshing, just as threshing is particular in that it applies before the obligation of tithes, so for anything before the obligation of tithes. This excludes him who kneads dough, separates, or bakes.
It is written (Deut. 23:26): “If you come into your neighbor’s standing grain.” I could think that this means everybody; the verse says “do not swing a sickle over your neighbor’s standing grain,” he who has permission to swing a sickle, that means the laborer. Issy ben Aqabiah says, the verse speaks about everybody. Why does the verse say, “do not swing a sickle over your neighbor’s standing grain?” He has no right except at the time of swinging the sickle. It was stated: Rebbi Simeon ben Ioḥai says, how far was the Torah careful about robbery that it judged between a human and his neighbor about a swing of the sickle! How great is labor, since the generation of the Flood was destroyed only because of robbery, but the laborer does his work, eats, and is free of any robbery!
It is written (Deut. 23:26): “If you come into your neighbor’s standing grain.” I could think that this means everybody; the verse says “do not swing a sickle over your neighbor’s standing grain,” he who has permission to swing a sickle, that means the laborer. Issy ben Aqabiah says, the verse speaks about everybody. Why does the verse say, “do not swing a sickle over your neighbor’s standing grain?” He has no right except at the time of swinging the sickle. It was stated: Rebbi Simeon ben Ioḥai says, how far was the Torah careful about robbery that it judged between a human and his neighbor about a swing of the sickle! How great is labor, since the generation of the Flood was destroyed only because of robbery, but the laborer does his work, eats, and is free of any robbery!
There, we have stated: “When he is working on figs he should not eat grapes, on grapes he should not eat figs.” On that, we stated: If he is working on one branch, he should not eat from another branch. Also, we have stated: “When he is working with lĕbāsîm he should not eat benôt ševa‘ and vice-versa.” This is needed, even if both are on the same branch.
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.
HALAKHAH: May he himself eat? Rav said, he is forbidden to eat; Ulla ben Rebbi Ismael said in the name of Rebbi Eleazar, this one is permitted to eat. Rav follows Rebbi Meїr, Rebbi Eleazar the rabbis. Does Rav follow Rebbi Meїr? Then even his children and domestics should be forbidden! But Rav follows Rebbi, Rebbi Eleazar the rabbis. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: The Sages say, one eats from what is going to the muqẓeh only in its place. Rebbi Jacob ben Idi in the name of Rebbi Joshua ben Levi: one eats from what is going to the muqẓeh in its place and in other places. Rebbi Yose ben Shaul objected to Rebbi: Did we not state, “carob pods until he collected them on top of his roof?” He said to him, do not object to me about carobs; carobs are animal feed.
HALAKHAH: May he himself eat? Rav said, he is forbidden to eat; Ulla ben Rebbi Ismael said in the name of Rebbi Eleazar, this one is permitted to eat. Rav follows Rebbi Meїr, Rebbi Eleazar the rabbis. Does Rav follow Rebbi Meїr? Then even his children and domestics should be forbidden! But Rav follows Rebbi, Rebbi Eleazar the rabbis. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: The Sages say, one eats from what is going to the muqẓeh only in its place. Rebbi Jacob ben Idi in the name of Rebbi Joshua ben Levi: one eats from what is going to the muqẓeh in its place and in other places. Rebbi Yose ben Shaul objected to Rebbi: Did we not state, “carob pods until he collected them on top of his roof?” He said to him, do not object to me about carobs; carobs are animal feed.
HALAKHAH: May he himself eat? Rav said, he is forbidden to eat; Ulla ben Rebbi Ismael said in the name of Rebbi Eleazar, this one is permitted to eat. Rav follows Rebbi Meїr, Rebbi Eleazar the rabbis. Does Rav follow Rebbi Meїr? Then even his children and domestics should be forbidden! But Rav follows Rebbi, Rebbi Eleazar the rabbis. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: The Sages say, one eats from what is going to the muqẓeh only in its place. Rebbi Jacob ben Idi in the name of Rebbi Joshua ben Levi: one eats from what is going to the muqẓeh in its place and in other places. Rebbi Yose ben Shaul objected to Rebbi: Did we not state, “carob pods until he collected them on top of his roof?” He said to him, do not object to me about carobs; carobs are animal feed.
HALAKHAH: May he himself eat? Rav said, he is forbidden to eat; Ulla ben Rebbi Ismael said in the name of Rebbi Eleazar, this one is permitted to eat. Rav follows Rebbi Meїr, Rebbi Eleazar the rabbis. Does Rav follow Rebbi Meїr? Then even his children and domestics should be forbidden! But Rav follows Rebbi, Rebbi Eleazar the rabbis. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: The Sages say, one eats from what is going to the muqẓeh only in its place. Rebbi Jacob ben Idi in the name of Rebbi Joshua ben Levi: one eats from what is going to the muqẓeh in its place and in other places. Rebbi Yose ben Shaul objected to Rebbi: Did we not state, “carob pods until he collected them on top of his roof?” He said to him, do not object to me about carobs; carobs are animal feed.
HALAKHAH: May he himself eat? Rav said, he is forbidden to eat; Ulla ben Rebbi Ismael said in the name of Rebbi Eleazar, this one is permitted to eat. Rav follows Rebbi Meїr, Rebbi Eleazar the rabbis. Does Rav follow Rebbi Meїr? Then even his children and domestics should be forbidden! But Rav follows Rebbi, Rebbi Eleazar the rabbis. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: The Sages say, one eats from what is going to the muqẓeh only in its place. Rebbi Jacob ben Idi in the name of Rebbi Joshua ben Levi: one eats from what is going to the muqẓeh in its place and in other places. Rebbi Yose ben Shaul objected to Rebbi: Did we not state, “carob pods until he collected them on top of his roof?” He said to him, do not object to me about carobs; carobs are animal feed.
HALAKHAH: May he himself eat? Rav said, he is forbidden to eat; Ulla ben Rebbi Ismael said in the name of Rebbi Eleazar, this one is permitted to eat. Rav follows Rebbi Meїr, Rebbi Eleazar the rabbis. Does Rav follow Rebbi Meїr? Then even his children and domestics should be forbidden! But Rav follows Rebbi, Rebbi Eleazar the rabbis. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: The Sages say, one eats from what is going to the muqẓeh only in its place. Rebbi Jacob ben Idi in the name of Rebbi Joshua ben Levi: one eats from what is going to the muqẓeh in its place and in other places. Rebbi Yose ben Shaul objected to Rebbi: Did we not state, “carob pods until he collected them on top of his roof?” He said to him, do not object to me about carobs; carobs are animal feed.
It was stated: All that was brought from the field to town became ṭevel. The baraita is Rebbi’s, as it was stated: “ If somebody brought figs from the field to eat them in his unprotected courtyard, then forgot and brought them into his house or the children brought them, he may bring them back to their intended place and eat.” They said that only concerning error; therefore, if intentional it is forbidden. Who stated this? Rebbi! As it was stated: “ If somebody brought figs from the field to eat them on his roof, Rebbi obligates, Rebbi Yose ben Rebbi Jehudah frees.” It is as it was stated, “if somebody transports figs through his courtyard to cut them into pieces;” therefore, if it is not to cut into pieces he is obligated.
Rebbi Ulla ben Rebbi Ismael in the name of Rebbi Eleazar: Rebbi and Rebbi Yose ben Rebbi Jehudah brought the harvesting basket over the back of the roofs. Rebbi Jehudah ben Rebbi Ilaї saw them and said, look what the difference is between you and the earlier generations. Rebbi Aqiba bought three different kinds for a peruṭah in order to tithe every kind separately but you bring the harvesting basket over the back of the roofs! Why over the back of the roofs, even if he brings them into his courtyard with the intention to eat them on the roof! Is that not the opinion of Rebbi Yose ben Rebbi Jehudah? Because of Rebbi who was with him. An old man saw them and said to them, would you give me some of these? They said, yes. He said to them, you did not give to your father in Heaven, only to me!
Rebbi Ulla ben Rebbi Ismael in the name of Rebbi Eleazar: Rebbi and Rebbi Yose ben Rebbi Jehudah brought the harvesting basket over the back of the roofs. Rebbi Jehudah ben Rebbi Ilaї saw them and said, look what the difference is between you and the earlier generations. Rebbi Aqiba bought three different kinds for a peruṭah in order to tithe every kind separately but you bring the harvesting basket over the back of the roofs! Why over the back of the roofs, even if he brings them into his courtyard with the intention to eat them on the roof! Is that not the opinion of Rebbi Yose ben Rebbi Jehudah? Because of Rebbi who was with him. An old man saw them and said to them, would you give me some of these? They said, yes. He said to them, you did not give to your father in Heaven, only to me!
Rebbi Ulla ben Rebbi Ismael in the name of Rebbi Eleazar: Rebbi and Rebbi Yose ben Rebbi Jehudah brought the harvesting basket over the back of the roofs. Rebbi Jehudah ben Rebbi Ilaї saw them and said, look what the difference is between you and the earlier generations. Rebbi Aqiba bought three different kinds for a peruṭah in order to tithe every kind separately but you bring the harvesting basket over the back of the roofs! Why over the back of the roofs, even if he brings them into his courtyard with the intention to eat them on the roof! Is that not the opinion of Rebbi Yose ben Rebbi Jehudah? Because of Rebbi who was with him. An old man saw them and said to them, would you give me some of these? They said, yes. He said to them, you did not give to your father in Heaven, only to me!
Rebbi Ulla ben Rebbi Ismael in the name of Rebbi Eleazar: Rebbi and Rebbi Yose ben Rebbi Jehudah brought the harvesting basket over the back of the roofs. Rebbi Jehudah ben Rebbi Ilaї saw them and said, look what the difference is between you and the earlier generations. Rebbi Aqiba bought three different kinds for a peruṭah in order to tithe every kind separately but you bring the harvesting basket over the back of the roofs! Why over the back of the roofs, even if he brings them into his courtyard with the intention to eat them on the roof! Is that not the opinion of Rebbi Yose ben Rebbi Jehudah? Because of Rebbi who was with him. An old man saw them and said to them, would you give me some of these? They said, yes. He said to them, you did not give to your father in Heaven, only to me!
Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.
Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.
Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.
Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.
Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.
Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.
Rebbi Joḥanan in the name of Rebbi Simeon ben Ioḥai: If someone had two courtyards, one in Magdala and one in Tiberias, and transported it to the one in Magdala intending to eat them in Tiberias; since he transported it in a permitted way it is permitted. It turns out that Rebbi Simeon ben Ioḥai holds with Rebbi Yose ben Rebbi Jehudah but is stronger than the latter since Rebbi Yose ben Rebbi Jehudah speaks about an exempt place but Rebbi Simeon ben Ioḥai about a place of obligation, but since he transported it in a permitted way it is permitted. Rebbi Eliezer’s statement is stronger than either of them, since Rebbi Eliezer said, since he started in a permitted way it is permitted.
Rebbi Joḥanan in the name of Rebbi Simeon ben Ioḥai: If someone had two courtyards, one in Magdala and one in Tiberias, and transported it to the one in Magdala intending to eat them in Tiberias; since he transported it in a permitted way it is permitted. It turns out that Rebbi Simeon ben Ioḥai holds with Rebbi Yose ben Rebbi Jehudah but is stronger than the latter since Rebbi Yose ben Rebbi Jehudah speaks about an exempt place but Rebbi Simeon ben Ioḥai about a place of obligation, but since he transported it in a permitted way it is permitted. Rebbi Eliezer’s statement is stronger than either of them, since Rebbi Eliezer said, since he started in a permitted way it is permitted.
Rebbi Joḥanan in the name of Rebbi Simeon ben Ioḥai: If someone had two courtyards, one in Magdala and one in Tiberias, and transported it to the one in Magdala intending to eat them in Tiberias; since he transported it in a permitted way it is permitted. It turns out that Rebbi Simeon ben Ioḥai holds with Rebbi Yose ben Rebbi Jehudah but is stronger than the latter since Rebbi Yose ben Rebbi Jehudah speaks about an exempt place but Rebbi Simeon ben Ioḥai about a place of obligation, but since he transported it in a permitted way it is permitted. Rebbi Eliezer’s statement is stronger than either of them, since Rebbi Eliezer said, since he started in a permitted way it is permitted.
Rebbi Joḥanan in the name of Rebbi Simeon ben Ioḥai: If someone had two courtyards, one in Magdala and one in Tiberias, and transported it to the one in Magdala intending to eat them in Tiberias; since he transported it in a permitted way it is permitted. It turns out that Rebbi Simeon ben Ioḥai holds with Rebbi Yose ben Rebbi Jehudah but is stronger than the latter since Rebbi Yose ben Rebbi Jehudah speaks about an exempt place but Rebbi Simeon ben Ioḥai about a place of obligation, but since he transported it in a permitted way it is permitted. Rebbi Eliezer’s statement is stronger than either of them, since Rebbi Eliezer said, since he started in a permitted way it is permitted.
Rebbi Joḥanan in the name of Rebbi Simeon ben Ioḥai: If someone had two courtyards, one in Magdala and one in Tiberias, and transported it to the one in Magdala intending to eat them in Tiberias; since he transported it in a permitted way it is permitted. It turns out that Rebbi Simeon ben Ioḥai holds with Rebbi Yose ben Rebbi Jehudah but is stronger than the latter since Rebbi Yose ben Rebbi Jehudah speaks about an exempt place but Rebbi Simeon ben Ioḥai about a place of obligation, but since he transported it in a permitted way it is permitted. Rebbi Eliezer’s statement is stronger than either of them, since Rebbi Eliezer said, since he started in a permitted way it is permitted.
‘If he found a harvesting basket in a place where most people bring to market, it is forbidden to eat a snack from them and he must put it in order as demay. In a place where most people bring to their houses, it is permitted to eat a snack from them and he must put it in order as certain. Half and half, he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Rebbi Jonah asked, does demay create ṭevel for certain? If you would say so, does he not invert the order? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, he must spell out a condition and say: “If this is from those who bring to market, what I did is valid, otherwise, I did not do anything,” so that heave of the tithe should not contain ṭevel of the Great Heave. ‘Half and half on the field he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Should one not be afraid that it was from those who bring to their houses and its Great Heave would contain ṭevel of heave of the tithe? Rebbi Mattaniah said, if he gives a name to his tithes.
‘If he found a harvesting basket in a place where most people bring to market, it is forbidden to eat a snack from them and he must put it in order as demay. In a place where most people bring to their houses, it is permitted to eat a snack from them and he must put it in order as certain. Half and half, he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Rebbi Jonah asked, does demay create ṭevel for certain? If you would say so, does he not invert the order? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, he must spell out a condition and say: “If this is from those who bring to market, what I did is valid, otherwise, I did not do anything,” so that heave of the tithe should not contain ṭevel of the Great Heave. ‘Half and half on the field he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Should one not be afraid that it was from those who bring to their houses and its Great Heave would contain ṭevel of heave of the tithe? Rebbi Mattaniah said, if he gives a name to his tithes.
From where are tithes taken, from the house or from the field? Let us hear from the following: If a fellow died and in his estate was a chest full of grain, even if he filled it the same day it is supposed to be in order. Is it impossible that he should not have been of clouded mind at least for an hour? Rebbi Abun bar Ḥiyya said, explain it if he died with a clear mind. Rebbi Ḥananiah in the name of Rebbi Phineas understood it from the following: “One tenth which I shall separate in the future is given to Aqiba ben Joseph that he should distribute it to the poor.” That means, from the house. Rebbi Ḥiyya bar Abba understood it from the following: “If somebody’s produce was in a storage bin and he gave a seah to a Levite and a seah to a poor person;” that means, from the house. Rebbi Abba Mari understood it from the following: “(Deut. 26:13) ‘From the house’, that is ḥallah.” That means, from the field.
Some Tannaїm state: Because it is not proper for a learned person to eat in public. As for example, Rebbi Eleazar ben Rebbi Simeon who was eating in public and was seen by Rebbi Meїr who asked him, are you eating in public? He effaced himself.
Rebbi Samuel ben Naḥman in the name of Rebbi Jonathan: All of them learned it from the house. The house creates ṭevel by biblical decree; it says (Deut. 26:13) “I removed the holy food from the house.”
They heard before Rebbi Joḥanan that he said to them, practice follows all of them restrictively. Why do they not say it in his name? That not a word of Rebbi Joḥanan should disagree with another word of his. It was stated: “Rebbi Simeon ben Eleazar said in the name of Rebbi Aqiba, one where one person opens and another one locks it is free; two partners but not two tenants.” What is the difference between a partner and a tenant? Just as a partner may object so a tenant may object! Rebbi Jonah said, the Mishnah refers to a landlord and his tenant. The landlord may object to the tenant, the tenant may not object to the landlord. About that they heard before Rebbi Joḥanan, practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Jonah said, Zeïra and Rebbi Immi in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Immi said, the house of Rebbi Yannai instructed that practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba.
They heard before Rebbi Joḥanan that he said to them, practice follows all of them restrictively. Why do they not say it in his name? That not a word of Rebbi Joḥanan should disagree with another word of his. It was stated: “Rebbi Simeon ben Eleazar said in the name of Rebbi Aqiba, one where one person opens and another one locks it is free; two partners but not two tenants.” What is the difference between a partner and a tenant? Just as a partner may object so a tenant may object! Rebbi Jonah said, the Mishnah refers to a landlord and his tenant. The landlord may object to the tenant, the tenant may not object to the landlord. About that they heard before Rebbi Joḥanan, practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Jonah said, Zeïra and Rebbi Immi in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Immi said, the house of Rebbi Yannai instructed that practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba.
They heard before Rebbi Joḥanan that he said to them, practice follows all of them restrictively. Why do they not say it in his name? That not a word of Rebbi Joḥanan should disagree with another word of his. It was stated: “Rebbi Simeon ben Eleazar said in the name of Rebbi Aqiba, one where one person opens and another one locks it is free; two partners but not two tenants.” What is the difference between a partner and a tenant? Just as a partner may object so a tenant may object! Rebbi Jonah said, the Mishnah refers to a landlord and his tenant. The landlord may object to the tenant, the tenant may not object to the landlord. About that they heard before Rebbi Joḥanan, practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Jonah said, Zeïra and Rebbi Immi in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Immi said, the house of Rebbi Yannai instructed that practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba.
They heard before Rebbi Joḥanan that he said to them, practice follows all of them restrictively. Why do they not say it in his name? That not a word of Rebbi Joḥanan should disagree with another word of his. It was stated: “Rebbi Simeon ben Eleazar said in the name of Rebbi Aqiba, one where one person opens and another one locks it is free; two partners but not two tenants.” What is the difference between a partner and a tenant? Just as a partner may object so a tenant may object! Rebbi Jonah said, the Mishnah refers to a landlord and his tenant. The landlord may object to the tenant, the tenant may not object to the landlord. About that they heard before Rebbi Joḥanan, practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Jonah said, Zeïra and Rebbi Immi in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba. Rebbi Immi said, the house of Rebbi Yannai instructed that practice follows Rebbi Simeon ben Eleazar in the name of Rebbi Aqiba.
Rebbi Eleazar said, the Mishnah deals with a roof surrounded by the airspace of the courtyard. Did [the produce] not become ṭevel when it was transported through the courtyard? Explain it either following Rebbi Yose ben Rebbi Jehudah or Rebbi, when he wanted to cut them up for drying and then changed his mind not to cut.
Rebbi Eleazar ben Rebbi Simeon says, three in his right hand, three in his left hand, and three in his mouth. Since Rebbi Eleazar ben Rebbi Simeon was a glutton, he estimated so for himself. Rebbi Eleazar ben Rebbi Simeon went to his father-in-law Rebbi Simeon ben Rebbi Yose ben Laqonia who repeatedly mixed wine for him which he gulped down. He said to him, did you not hear from your father how one swallows from a cup? He said to him, one gulp if it is unmixed, two gulps [if mixed] with cold water, three with hot water. But the Sages did not estimate this with your wine which is good, or with your cup which is small, or with my belly which is large.
Rebbi Eleazar ben Rebbi Simeon says, three in his right hand, three in his left hand, and three in his mouth. Since Rebbi Eleazar ben Rebbi Simeon was a glutton, he estimated so for himself. Rebbi Eleazar ben Rebbi Simeon went to his father-in-law Rebbi Simeon ben Rebbi Yose ben Laqonia who repeatedly mixed wine for him which he gulped down. He said to him, did you not hear from your father how one swallows from a cup? He said to him, one gulp if it is unmixed, two gulps [if mixed] with cold water, three with hot water. But the Sages did not estimate this with your wine which is good, or with your cup which is small, or with my belly which is large.
Rebbi Eleazar ben Rebbi Simeon says, three in his right hand, three in his left hand, and three in his mouth. Since Rebbi Eleazar ben Rebbi Simeon was a glutton, he estimated so for himself. Rebbi Eleazar ben Rebbi Simeon went to his father-in-law Rebbi Simeon ben Rebbi Yose ben Laqonia who repeatedly mixed wine for him which he gulped down. He said to him, did you not hear from your father how one swallows from a cup? He said to him, one gulp if it is unmixed, two gulps [if mixed] with cold water, three with hot water. But the Sages did not estimate this with your wine which is good, or with your cup which is small, or with my belly which is large.
Rebbi Eleazar ben Rebbi Simeon says, three in his right hand, three in his left hand, and three in his mouth. Since Rebbi Eleazar ben Rebbi Simeon was a glutton, he estimated so for himself. Rebbi Eleazar ben Rebbi Simeon went to his father-in-law Rebbi Simeon ben Rebbi Yose ben Laqonia who repeatedly mixed wine for him which he gulped down. He said to him, did you not hear from your father how one swallows from a cup? He said to him, one gulp if it is unmixed, two gulps [if mixed] with cold water, three with hot water. But the Sages did not estimate this with your wine which is good, or with your cup which is small, or with my belly which is large.
Rebbi Eleazar ben Rebbi Simeon says, three in his right hand, three in his left hand, and three in his mouth. Since Rebbi Eleazar ben Rebbi Simeon was a glutton, he estimated so for himself. Rebbi Eleazar ben Rebbi Simeon went to his father-in-law Rebbi Simeon ben Rebbi Yose ben Laqonia who repeatedly mixed wine for him which he gulped down. He said to him, did you not hear from your father how one swallows from a cup? He said to him, one gulp if it is unmixed, two gulps [if mixed] with cold water, three with hot water. But the Sages did not estimate this with your wine which is good, or with your cup which is small, or with my belly which is large.
Rebbi Joshua ben Qorḥah called him “vinegar son of wine.” He said to him, why do you call me that? He said to him, you should have gone to Laodicea. He said to him: Do I not mow mowable thorns from the garden? He said to him, you should have gone to the end of the world to let the owner of the garden cut his thorns.
HALAKHAH: Fire creates ṭevel, buying creates ṭevel, salt creates ṭevel, heave creates ṭevel, the Sabbath creates ṭevel, a secure courtyard creates ṭevel, but Rebbi Joḥanan said that buying and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.
If he pickled or cooked without the owners’ knowledge, there is a difference between Rebbi Joḥanan and Rebbi Simeon ben Laqish since these differ: If somebody made a heap [of somebody’s grain] without the latter’s knowledge, Rebbi Joḥanan said, it is ṭevel, Rebbi Simeon ben Laqish said, it is not ṭevel. Rebbi Yudan said, there it is impossible for him not to make a heap, here it is possible for him not to pickle.
If he pickled or cooked without the owners’ knowledge, there is a difference between Rebbi Joḥanan and Rebbi Simeon ben Laqish since these differ: If somebody made a heap [of somebody’s grain] without the latter’s knowledge, Rebbi Joḥanan said, it is ṭevel, Rebbi Simeon ben Laqish said, it is not ṭevel. Rebbi Yudan said, there it is impossible for him not to make a heap, here it is possible for him not to pickle.
If he cooked it while it was property of the Temple, redeemed it, and brought it into a secure courtyard, what is its status? In the opinion of Rebbi Simeon ben Laqish it became ṭevel; this is biblical, that is not biblical. If he brought it into a secure courtyard, redeemed and then cooked it, everybody agrees that it became ṭevel, what did he process while it was property of the Temple? If he dedicated it, cooked it, brought it into a secure courtyard, redeemed it, and cooked it again, everybody agrees that it became ṭevel. If he redeemed it and put it out to dry, what is its status? If you say that fire creates ṭevel, fire frees from ṭevel; if you say that fire does not create ṭevel, fire does not free from ṭevel.
Rebbi Yose used to asked in the name of Cahana: Rebbi Jonah said, Rebbi Ḥalaphta ben Shaul stated: If someone organized a meal in a circle in the field he created ṭevel. If one did not organize a meal a circle he did not create ṭevel. What organizing in a circle creates ṭevel? Any meal in a circle with wine. If people prepared to eat in a circle but then did not?
MISHNAH: If children hid figs for the Sabbath and he forgot to tithe them they may not be eaten after the Sabbath until they are tithed. A Sabbath basket the House of Shammai free but the House of Hillel obligate. Rebbi Jehudah says, also one who fills a harvesting basket to send to a friend may not eat from it unless he tithed. He who takes olives from the vat may dip them singly into salt and eat them, but if he salted them as a dish he is obligated. Rebbi Eliezer says, from a pure vat he is obligated but from an impure one he is free because he might put the leftovers back [into the vat]. One may drink from the winepress both warm or cold and is free, the words of Rebbi Meïr. Rebbi Eleazar ben Rebbi Ẓadoq declares him obligated. But the Sages say, for warm drink he is obligated, cold he is free.
Does this not disagree with Rebbi Joḥanan since Rebbi Joḥanan said, the Sabbath induces ṭevel? Because they collected for the Sabbath; therefore, not if they did not collect for the Sabbath! Rebbi Jonah in the name of Rav Hamnuna: Even if they collected for the Sabbath one may eat a snack from them on Sabbath eve. It does not even disagree with Rebbi Simeon ben Laqish. Are they not children and even if they collected for the Sabbath it is as if they had not collected for the Sabbath! Rebbi Yose in the name of Rebbi Hila: Explain if it they collected close to sundown when their action was proof of their intent!
Rebbi Eleazar in the name of Rebbi Hoshaia: The Mishnah speaks of a harvesting basket of figs. In the House of Rebbi Yannai they said, even a branch. Rebbi Eleazar ben Antigonos in the name of Rebbi Eleazar ben Rebbi Yannai: Explain it for a fig tree reserved for the Sabbath. Example: Rebbi Ḥiyya, Rebbi Assi and Rebbi Ammi were sitting together when somebody passed by with a harvesting basket of figs. He said to him, [we want] to buy! He answered, the Sabbath basket is not for sale.
Rebbi Eleazar in the name of Rebbi Hoshaia: The Mishnah speaks of a harvesting basket of figs. In the House of Rebbi Yannai they said, even a branch. Rebbi Eleazar ben Antigonos in the name of Rebbi Eleazar ben Rebbi Yannai: Explain it for a fig tree reserved for the Sabbath. Example: Rebbi Ḥiyya, Rebbi Assi and Rebbi Ammi were sitting together when somebody passed by with a harvesting basket of figs. He said to him, [we want] to buy! He answered, the Sabbath basket is not for sale.
MISHNAH: If somebody lifts out plants from his own property and replants them in his own property, it is free. If somebody bought standing produce, it is free. If somebody collected in order to send to a friend, it is free. Rebbi Eleazar ben Azariah says, if similar [produce] is sold on the market, he is obligated. Someone who uproots turnips or radishes in his own property and replants them in his own property for seeds is obligated because that was their threshing floor. Onions which developed roots in storage became pure and cannot become impure again. If a mudslide fell on them and they are uncovered they are as if planted in the field.
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.
“If somebody collected in order to send to a friend, it is free.” Rav said, he is forbidden to eat. Rebbi Shammai said before Rebbi Yose in the name of Rav Aḥa: Rav said this in case he brought it into a secure courtyard, following Rebbi Meїr. Rebbi Mana said, our Mishnah implies this: “If somebody bought standing produce, it is free.” Therefore, after it was cut it is obligated. Who is the person who holds that a sale induces ṭevel for produce not fully processed? Is this not Rebbi Meїr? Rebbi Ḥiyya in the name of Rebbi Joḥanan, it is from Rebbi Jehudah. It was stated so: “Rebbi Jehudah says in the name of Rebbi Eleazar ben Azariah, also he who sends to his friend olives from the press, young plants, and bundles of fenugreek, should not eat before he tithed since people usually send these things to their friends as ṭevel.” Rebbi Simeon ben Laqish said, even if a Fellow sent to a Fellow, he has to tithe. The colleagues asked, we can understand a vulgar who is suspect; is a Fellow suspect? Rebbi Yose said, is the vulgar not like a Fellow in matters of heave? It really is so: People usually send these things as ṭevel to their friends.
“If somebody collected in order to send to a friend, it is free.” Rav said, he is forbidden to eat. Rebbi Shammai said before Rebbi Yose in the name of Rav Aḥa: Rav said this in case he brought it into a secure courtyard, following Rebbi Meїr. Rebbi Mana said, our Mishnah implies this: “If somebody bought standing produce, it is free.” Therefore, after it was cut it is obligated. Who is the person who holds that a sale induces ṭevel for produce not fully processed? Is this not Rebbi Meїr? Rebbi Ḥiyya in the name of Rebbi Joḥanan, it is from Rebbi Jehudah. It was stated so: “Rebbi Jehudah says in the name of Rebbi Eleazar ben Azariah, also he who sends to his friend olives from the press, young plants, and bundles of fenugreek, should not eat before he tithed since people usually send these things to their friends as ṭevel.” Rebbi Simeon ben Laqish said, even if a Fellow sent to a Fellow, he has to tithe. The colleagues asked, we can understand a vulgar who is suspect; is a Fellow suspect? Rebbi Yose said, is the vulgar not like a Fellow in matters of heave? It really is so: People usually send these things as ṭevel to their friends.
According to Rebbi Simeon ben Laqish who said, ṭevel becomes voided by plurality, it is intelligible. According to Rebbi Joḥanan who said, ṭevel does not become voided by plurality, he should wait until it is fully grown and tithe for everything. Or might we say that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree about ṭevel which has this status by a word of the Torah but for ṭevel which has this status by their word everybody agrees that ṭevel becomes voided by plurality. Rebbi Abba bar Cohen objected: Did we not state: “Similarly, olives for pressing which were mixed with picked olives, harvest grapes with grapes of gleanings”? Is that not ṭevel by their words? Rebbi Mana said, I upheld this: Oil from olives for pressing which was mixed with oil from picked olives.
According to Rebbi Simeon ben Laqish who said, ṭevel becomes voided by plurality, it is intelligible. According to Rebbi Joḥanan who said, ṭevel does not become voided by plurality, he should wait until it is fully grown and tithe for everything. Or might we say that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree about ṭevel which has this status by a word of the Torah but for ṭevel which has this status by their word everybody agrees that ṭevel becomes voided by plurality. Rebbi Abba bar Cohen objected: Did we not state: “Similarly, olives for pressing which were mixed with picked olives, harvest grapes with grapes of gleanings”? Is that not ṭevel by their words? Rebbi Mana said, I upheld this: Oil from olives for pressing which was mixed with oil from picked olives.