demay

MISHNAH: A robbed or dried up etrog is disqualified. Of an ashera or a seduced city, it is disqualified. Of `orlah, it is disqualified. Of impure heave, it is disqualified; of pure one should not take but if he took it is qualified. Of demay, the House of Shammai disqualify but the House of Hillel qualify; of Second Tithe in Jerusalem one should not take but if he took it is qualified.

Rebbi Jacob the Southerner asked, is our Mishnah not following the House of Shammai? As we have stated, “of demay, the House of Shammai disqualify but the House of Hillel qualify. Of Second Tithe in Jerusalem one should not take but if he took it is valid.”

HALAKHAH: The argument of Rebbi Jehudah seems inverted since we stated there, “Rebbi Jehudah says, if it was not a cadaver before the Sabbath it is forbidden since it is not prepared.” And here he says so? Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, the expert is not from the Torah. Rebbi Ḥuna in the name of Rebbi Abba: It is Rebbi Jehudah’s since Rebbi Jehudah gives the same rules for inspecting a firstling as inspecting ṭerefah. As you are saying there, one inspects for ṭerefah on a holiday, similarly one inspects a firstling on the holiday. Rebbi Yudan asked: Demay is from their words. and inspecting for terefah is from their words. Since you are saying that one inspects for ṭerefah on a holiday, does one separate demay on a holiday? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Any whose defect was visible on the eve of a holiday but the expert permitted it only on the holiday is not prepared. But was it not stated, a [firstling] calf which was born from a terefah animal on the holiday is permitted. Rav Ḥisda said, explain it if the expert transgressed and saw it. There came a case before Rebbi Immi who wanted to say, between Rebbi Jehudah and Rebbi Simeon, practice follows Rebbi Jehudah. Rav Hoshaia brought a baraita of Bar Qappara from the South and stated: But the Sages say, any whose defect was visible on the eve of a holiday but the expert permitted it only on the holiday is not prepared. He changed his opinion.

HALAKHAH: The argument of Rebbi Jehudah seems inverted since we stated there, “Rebbi Jehudah says, if it was not a cadaver before the Sabbath it is forbidden since it is not prepared.” And here he says so? Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, the expert is not from the Torah. Rebbi Ḥuna in the name of Rebbi Abba: It is Rebbi Jehudah’s since Rebbi Jehudah gives the same rules for inspecting a firstling as inspecting ṭerefah. As you are saying there, one inspects for ṭerefah on a holiday, similarly one inspects a firstling on the holiday. Rebbi Yudan asked: Demay is from their words. and inspecting for terefah is from their words. Since you are saying that one inspects for ṭerefah on a holiday, does one separate demay on a holiday? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Any whose defect was visible on the eve of a holiday but the expert permitted it only on the holiday is not prepared. But was it not stated, a [firstling] calf which was born from a terefah animal on the holiday is permitted. Rav Ḥisda said, explain it if the expert transgressed and saw it. There came a case before Rebbi Immi who wanted to say, between Rebbi Jehudah and Rebbi Simeon, practice follows Rebbi Jehudah. Rav Hoshaia brought a baraita of Bar Qappara from the South and stated: But the Sages say, any whose defect was visible on the eve of a holiday but the expert permitted it only on the holiday is not prepared. He changed his opinion.

MISHNAH: The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters. Up to his days the hammer was hitting in Jerusalem and in his days nobody had to ask about demay.

“Up to his days the hammer was hitting in Jerusalem,” up to his early days. “And in his days nobody had to ask about demay” because he sent out teams

{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.

The words of Rebbi Joḥanan imply that one may fast for hours, for Rebbi Joḥanan said, I shall fast until I finish studying this chapter, until I finish studying this text. The words of Rebbi Jonah imply that one may fast for hours, for Rebbi Jonah was in Tyre when he heard that Rebbi Yose’s son had died. Even though he had eaten cheese and drunk water, he finished that day fasting. The words of Rav imply that one may fast for hours, for Rav said, one may borrow his fast day and pay back. Samuel said to him, is that a vow? If he had vowed to fast but forgot and ate the volume of an olive, he lost his fast day. Rebbi Abba in the name of the rabbis there: That is, if he said simply “a day”. But if he said “this day”, he has to continue fasting until the end. He spoke only of eating; that excludes tasting. Rebbi Abba Ḥasida in the name of Rebbi Ze‘ira: Tasting does not create obligations of benediction, robbery, nor of demay, nor of the interruption of a fast day.

There, we have stated: “Ḥallah of the am haäreẓ, food containing heave, food bought with money of the Second Tithe, and the remainders of flour sacrifices are free from demay.”

MISHNAH: How much time does one have to return it? In walled cities until one can show it to a banker, in villages until Sabbath eve. If he recognizes it, he should take it back even after twelve months, but he has only a complaint against him. He may use it for Second Tithe without hesitation since it is only miserly’. Cheating is by four oboli, claim is about two oboli, confession is about one peruṭah. There are five peruṭot: Confession is about one peruṭah; a woman is preliminarily married by one peruṭah’s worth; one who used one peruṭah’s worth of Temple property committed larceny; one who finds one peruṭah’ s worth has to make it public; one who robbed another of one peruṭah’s worth and swore about it, has to return it to him even in Media. There are five fifths: He who eats heave, or heave of the tithe, or heave of the tithe of demay, or ḥallah, or first fruits, adds a fifth. He who redeems his vineyard in the fourth year or his Second Tithe, adds a fifth. He who redeems his own gifts to the Temple, adds a fifth. He who used one peruṭah’s worth of Temple property, adds a fifth. He who robbed another of one peruṭah’s worth and swore about it, adds a fifth.

There, we have stated: “With a Gentile, it is like his produce. Rebbi Simeon says, it is demay.” Rebbi Ḥananiah asked before Rebbi Mani: Does it mean, really like his produce? Freeing what would be ṭevel at another place? He said to him, for all that is in it. Rebbi Ḥanina was uselessly opposing him.