eats

Pressed figs of terumah which fell into hatat waters and were taken out and eaten: If the amount is the size of an egg, whether [the figs] were clean or unclean the water becomes unclean, and he who eats the figs is liable for death; If their size is less than the size of an egg, the water remains clean but he who eats them is liable for death. Rabbi Yose says: if they were clean the water remains clean. If one who was clean for the hatat waters puts his head and the greater part of his body into the hatat waters, he becomes unclean.

Pressed figs of terumah which fell into hatat waters and were taken out and eaten: If the amount is the size of an egg, whether [the figs] were clean or unclean the water becomes unclean, and he who eats the figs is liable for death; If their size is less than the size of an egg, the water remains clean but he who eats them is liable for death. Rabbi Yose says: if they were clean the water remains clean. If one who was clean for the hatat waters puts his head and the greater part of his body into the hatat waters, he becomes unclean.

Thirteen rulings govern the carrion of a clean bird: There must be intention; It need not be rendered susceptible; It conveys food uncleanness if its minimum bulk is that of an egg; And it conveys uncleanness when in one's gullet if its minimum bulk is that of an olive; He that eats of it must wait until sunset [to be clean]; Guilt is incurred on account of it for entering the sanctuary; Terumah is burned on account of it; He who eats a limb of it while it is alive suffers forty lashes; Slaughtering it or nipping [off its neck] cleanses it even if it is terefah, the words of Rabbi Meir. Rabbi Judah says: they do not cleanse it. Rabbi Yose says: the slaughtering does cleanse it but nipping does not.

Thirteen rulings govern the carrion of a clean bird: There must be intention; It need not be rendered susceptible; It conveys food uncleanness if its minimum bulk is that of an egg; And it conveys uncleanness when in one's gullet if its minimum bulk is that of an olive; He that eats of it must wait until sunset [to be clean]; Guilt is incurred on account of it for entering the sanctuary; Terumah is burned on account of it; He who eats a limb of it while it is alive suffers forty lashes; Slaughtering it or nipping [off its neck] cleanses it even if it is terefah, the words of Rabbi Meir. Rabbi Judah says: they do not cleanse it. Rabbi Yose says: the slaughtering does cleanse it but nipping does not.

The carrion of an unclean bird requires intention; and it must be rendered susceptible; It conveys food uncleanness if its minimum bulk is that of an egg; The consumption of half a loaf's bulk of it renders one's person unfit to eat terumah; There is no rule that an olive's worth defiles in the gullet; He who eats of it need not wait for sunset; No guilt is incurred on account of it for entering the sanctuary; But on account of it terumah must be burnt. He who eats a limb of it while it is alive is not subject to the penalty of forty stripes; Slaughtering it does not render it fit. The large feathers and the down contract uncleanness and convey uncleanness and combine with the flesh to constitute the prescribed minimum. The beak and the claws contract uncleanness and convey uncleanness and combine [with the flesh to make up the prescribed minimum].

The carrion of an unclean bird requires intention; and it must be rendered susceptible; It conveys food uncleanness if its minimum bulk is that of an egg; The consumption of half a loaf's bulk of it renders one's person unfit to eat terumah; There is no rule that an olive's worth defiles in the gullet; He who eats of it need not wait for sunset; No guilt is incurred on account of it for entering the sanctuary; But on account of it terumah must be burnt. He who eats a limb of it while it is alive is not subject to the penalty of forty stripes; Slaughtering it does not render it fit. The large feathers and the down contract uncleanness and convey uncleanness and combine with the flesh to constitute the prescribed minimum. The beak and the claws contract uncleanness and convey uncleanness and combine [with the flesh to make up the prescribed minimum].

Rabbi Eliezer says: he who eats food with first degree uncleanness contracts first decree uncleanness; [He who eats food with] second [degree uncleanness contracts] second [degree uncleanness]; With third [degree uncleanness contracts] third [degree uncleanness]. Rabbi Joshua says: he who eats food with first [degree] or with second [degree uncleanness contracts] second [degree uncleanness]; With third [degree uncleanness, he contracts] second [degree uncleanness] in regard to holy things but not in regard to terumah. All this applies to common food that was prepared in condition of cleanness that is appropriate for terumah.

Rabbi Eliezer says: he who eats food with first degree uncleanness contracts first decree uncleanness; [He who eats food with] second [degree uncleanness contracts] second [degree uncleanness]; With third [degree uncleanness contracts] third [degree uncleanness]. Rabbi Joshua says: he who eats food with first [degree] or with second [degree uncleanness contracts] second [degree uncleanness]; With third [degree uncleanness, he contracts] second [degree uncleanness] in regard to holy things but not in regard to terumah. All this applies to common food that was prepared in condition of cleanness that is appropriate for terumah.

Rabbi Eliezer says: he who eats food with first degree uncleanness contracts first decree uncleanness; [He who eats food with] second [degree uncleanness contracts] second [degree uncleanness]; With third [degree uncleanness contracts] third [degree uncleanness]. Rabbi Joshua says: he who eats food with first [degree] or with second [degree uncleanness contracts] second [degree uncleanness]; With third [degree uncleanness, he contracts] second [degree uncleanness] in regard to holy things but not in regard to terumah. All this applies to common food that was prepared in condition of cleanness that is appropriate for terumah.

If one eats food with second [degree uncleanness he must not work in an olive-press. Common food that was prepared under conditions proper to the cleanness of consecrated food is still regarded as common food. Rabbi Elazar bar Zadok says: it is regarded as terumah to convey uncleanness at two removes and to render terumah invalid at one additional remove.

If there was in the town one who was not of sound sense, a Gentile, or a Samaritan woman, all spit encountered in the town is deemed unclean. If a woman trod on a man's clothes or sat with him in a boat: If she knew that he was one who eats terumah, his clothes remain clean: But if not, he must ask her.

One who deposited vessels with an am haaretz they are unclean with corpse uncleanness and with midras uncleanness. If he knew that he eats terumah, they are free from corpse uncleanness but are unclean with midras uncleanness. Rabbi Yose says: if he deposited with him a chest full of clothes, they are deemed to be unclean with midras when they are tightly packed, but if they are not tightly packed they are only unclean with madaf uncleanness, even though the key is in the possession of the owner.

One who eats grapes out of the baskets or from what is spread out on the ground, even though they burst and dripped into the wine-press, the wine-press remains clean. If he eats the grapes out of a grape-basket or from what was spread out on leaves, and a single berry dropped into the vat: If it has a seal all in the vat remains clean; But if it has no seal, all in the vat becomes unclean. If he dropped some of the grapes and trod upon them in an empty part of the wine-press: If the bulk of the grapes was exactly that of an egg, the contents remain clean; But if it was more than the bulk of an egg, the contents become unclean, for so soon as the first drop came out it contracted uncleanness from the remainder whose bulk is that of an egg.

One who eats grapes out of the baskets or from what is spread out on the ground, even though they burst and dripped into the wine-press, the wine-press remains clean. If he eats the grapes out of a grape-basket or from what was spread out on leaves, and a single berry dropped into the vat: If it has a seal all in the vat remains clean; But if it has no seal, all in the vat becomes unclean. If he dropped some of the grapes and trod upon them in an empty part of the wine-press: If the bulk of the grapes was exactly that of an egg, the contents remain clean; But if it was more than the bulk of an egg, the contents become unclean, for so soon as the first drop came out it contracted uncleanness from the remainder whose bulk is that of an egg.

One who had [a discharge of] semen does not defile due to zivah for a period of twenty-four hours. Rabbi Yose says: [only] that day. A non-Jew who had a discharge of semen and then converted, he immediately becomes unclean due to zivah. [A woman] who had [an issue] of blood, or had experienced difficulty [in childbirth], [the time prescribed] is twenty-four hours. One who strikes his slave, the "day or two" is twenty-four hours. A dog that eats a corpse's flesh, for three days from one time of day to the same time of day, it is considered to be in its natural state.

The following disqualify terumah: One who eats foods with first degree uncleanness; Or one who eats food with second degree uncleanness; And who drinks unclean liquids. And the one who has immersed his head and the greater part of him in drawn water; And a clean person upon whose head and greater part of him there fell three logs of drawn water; And a scroll [of Holy Scriptures], And [unwashed] hands; And one that has had immersion that same day; And foods and vessels which have become defiled by liquids.

The following disqualify terumah: One who eats foods with first degree uncleanness; Or one who eats food with second degree uncleanness; And who drinks unclean liquids. And the one who has immersed his head and the greater part of him in drawn water; And a clean person upon whose head and greater part of him there fell three logs of drawn water; And a scroll [of Holy Scriptures], And [unwashed] hands; And one that has had immersion that same day; And foods and vessels which have become defiled by liquids.

Rebbi Samuel bar Ḥiyya bar Yehudah in the name of Rebbi Ḥanina: When the solar disk starts to sink and a man is standing on top of Mount Carmel, he descends and immerses himself in the ocean, ascends and eats his Terumah, one may assume that he immersed himself during daytime. Than is, if he used a shortcut but when he went on the road this does not apply.

“All sacrifices that can be eaten during one full day only,” these are the holiest of holies. “In that case, why did the Sages say, etc.?” If you would say until the start of dawn, one might think that dawn did not yet start and it would turn out that he eats in sin. When you say to him: “only until midnight,” even if he does eat after midnight he will not incur guilt.

Rebbi Zeïra in the name of Abba bar Jeremiah: One may eat a snack while wearing them, but one may not eat a regular meal while wearing them; one may doze while wearing them, but one may not sleep while wearing them. Some Tannaïm formulate: One says the benediction once; some Tannaïm formulate: One says the benediction twice. He who says one says the benediction once, how can he be right? He who says, one says the benediction twice, because he ate and then they are not on him. Rebbi Zeïra said, Abba bar Jeremiah talks about one who eats only snacks.

When Rebbi Abun bar Rebbi Ḥiyya died, Rebbi Zeïra ascended his pulpit and eulogized him: (Eccl. 5:11) “Sweet is the year of the worker.” It does not say here “sleeps” but “whether he eats little or much.” To what can Rebbi Bun bar Ḥiyya be likened? To a king who hired many workers and there was one worker who was exceptionally productive in his work. What did the king do? He took him and walked with him the long and the short. In the evening, the workers came to receive their wages and he gave him his total wages with them. The workers complained and said: we were toiling the entire day and this one did toil only for two hours and he gave him his total wages with us! The king told them: This one produced in two hours more than what you produced all day long. So Rebbi Bun produced in Torah in 28 years what an outstanding student cannot learn in a hundred years.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

It is stated: Ten people walking on the road, even if all of them eat from the same loaf, each one recites Grace for himself. If they sat down and ate, even though each one eats his own loaf, one recites Grace for all of them. Rebbi Jeremiah “invited” his colleagues at an inn.

Rebbi Abba, son of Rebbi Ḥiyya bar Abba: If one eats walking, he stands still for Grace. If one eats standing, he sits down for Grace. If one eats sitting, he reclines for Grace. If one eats reclining, he wraps himself in his toga for Grace. If one acts in this fashion, he is like an Angel of Service. What is the reason? (Is. 6:2) “With two [wings] he would cover his face, and with two [wings] he would cover his feet.”

Rebbi Abba, son of Rebbi Ḥiyya bar Abba: If one eats walking, he stands still for Grace. If one eats standing, he sits down for Grace. If one eats sitting, he reclines for Grace. If one eats reclining, he wraps himself in his toga for Grace. If one acts in this fashion, he is like an Angel of Service. What is the reason? (Is. 6:2) “With two [wings] he would cover his face, and with two [wings] he would cover his feet.”

Rebbi Abba, son of Rebbi Ḥiyya bar Abba: If one eats walking, he stands still for Grace. If one eats standing, he sits down for Grace. If one eats sitting, he reclines for Grace. If one eats reclining, he wraps himself in his toga for Grace. If one acts in this fashion, he is like an Angel of Service. What is the reason? (Is. 6:2) “With two [wings] he would cover his face, and with two [wings] he would cover his feet.”

Rebbi Abba, son of Rebbi Ḥiyya bar Abba: If one eats walking, he stands still for Grace. If one eats standing, he sits down for Grace. If one eats sitting, he reclines for Grace. If one eats reclining, he wraps himself in his toga for Grace. If one acts in this fashion, he is like an Angel of Service. What is the reason? (Is. 6:2) “With two [wings] he would cover his face, and with two [wings] he would cover his feet.”

Rebbi Ḥuna and Simeon Qamateria in the name of Rebbi Samuel ben Naḥman (Jud. 18:30): “Jonathan ben Gershom ben Manasseh,” a hanging נ. If he merits it, ben Mosheh. If he does not merit it, ben Manasseh. The colleagues asked before Rebbi Samuel bar Naḥman: He was a priest of idol worship and lived so long? He said to them, because he [Jonathan] was grudging to his idol. How was he grudging to his idol? If a man came to sacrifice an ox, a sheep, or a goat to the idol and told him: Make it favorably inclined towards me, he would say: What use does it have for you? It neither sees, nor hears, nor eats, nor drinks, nor does good or evil, and does not talk. He said to him, by your life, what should we do? He said to him, go, make, and bring me a wooden vessel full of fine flour and put on it ten eggs, then I shall prepare it before that one and it will eat from all that comes and I shall make it favorably inclined towards you! After he left, he would eat it. One day, a son of pashas came and he said that to him. He said to him, if it is of no use, what are you doing here? He said to him, because of my livelihood. When David became king, he sent and brought him. He said to him, you are the grandson of that righteous man and you worship idols? He said to him: I have a tradition from my grandfather’s house: Sell yourself to idol worship rather than need other people. He said to him: Heaven forbid! He did not say so, but sell yourself to work that is strange to you rather than to need other people. When David saw that he loved money, he made him count of his treasuries. That is what is written (1Chr. 26:24): “Shabuel ben Gershom ben Moshe, overseer of the treasuries.” “Shabuel” because he returned to God with all his heart and all his might. “Overseer of the treasuries,” that he made him count of the treasuries. They objected to Rebbi Samuel bar Naḥman: (Jud. 18:30): “Until the day the land went into exile.” He said to them, when David died, Shelomo rose and exchanged all his counselors. He returned to his former bad ways. That is what is written: (1K. 13:11) “An old prophet was dwelling at Beth El;” they say that this was he.

It was stated in the name of Rebbi Meïr: There is no one in Israel who does not perform 100 commandments every day. He recites the Shema‘ and benedictions before and after, eats his bread and recitesbenedictions before and after, prays 18 benedictions three times and then he performs other commandments and recites benedictions after them. Similarly, Rebbi Meïr used to say: There is no man in Israel who is not surrounded by commandments: Tefillin on his head, tefillin on his arm, a mezuzah on his door, circumcision in his flesh, and the four ẓiẓiot of his tallit surround him. That is what David said (Ps. 119:164): I praised You sevenfold every day for Your just laws. And so it says (Ps. 34:8): The angel of the Eternal camps around those that fear Him and rescues them. When he entered the bath house, he saw himself naked. He said, woe to me that I am stripped of commandmends. When he looked at his circumcision, he started to acclaim the Holy One, praise to Him (Ps. 12:1): For the director, on the eighth, a song from David.

MISHNAH: These are the matters that have no measure: Peah, first fruits, appearance, works of kindness, and Torah study. These are the matters whose product a person eats in this world and whose capital remains for him in the future world: Honoring father and mother, works of kindness, making peace between people; the study of Torah is worth all of these.

he says that “one obolus and two silver coins are the word of the Torah.” Rebbi Hoshaia follows his own opinion since Rebbi Hoshaia said: He who eats forbidden food in the present time has to note down the quantities; maybe a new court will arise and change the measures for him; then he will know what measure he ate.

Rebbi Samuel ben Naḥman said: One says to the snake, why when you move does your tongue flow? It said to them, that caused it for me. What profit do you have from biting? A lion tears up and eats, a wolf tears up and eats; you, what profit do you have from biting? It said to them (Eccl. 10:11): “If the snake would bite without a whisper,” I would not bite unless it was said to me from heaven: bite! Why do you bite one limb and all limbs feel it? It said to them: Why do you ask me? Ask the master of the tongue who speaks here and kills in Rome, speaks in Rome and kills in Syria. Why are you found among fences? It said to them, I broke the fence of the world

Rebbi Samuel ben Naḥman said: One says to the snake, why when you move does your tongue flow? It said to them, that caused it for me. What profit do you have from biting? A lion tears up and eats, a wolf tears up and eats; you, what profit do you have from biting? It said to them (Eccl. 10:11): “If the snake would bite without a whisper,” I would not bite unless it was said to me from heaven: bite! Why do you bite one limb and all limbs feel it? It said to them: Why do you ask me? Ask the master of the tongue who speaks here and kills in Rome, speaks in Rome and kills in Syria. Why are you found among fences? It said to them, I broke the fence of the world

Rebbi Zeïra in the name of Rebbi Joḥanan (Lev. 25:2): “The land shall observe a Sabbath for the Eternal.” The sanctity of the Sabbatical year falls on anything that is the Eternal’s. Rebbi Ḥiyya bar Abba asked before Rebbi Mana: It is impossible to eat it without redemption since Temple property cannot exit without redemption. If one redeems and eats it, it would be as if one bought an axe with money from the Sabbatical! He said to him, the treasurer exchanges it through a third person. Rebbi Mattaniah said, why do we not explain it according to everybody, as Rebbi Joḥanan said: The words of Rebbi Yose: because his vow precedes his declaration of abandonment. And here, because his vow of abandonment precedes his dedication.

MISHNAH: Demay is not subject to a fifth or to elimination, it may be eaten by a strict mourner, it may enter Jerusalem and leave it, and one may destroy a small part of it on the road; he may give it to the am haäreẓ if he eats correspondingly, he may redeem silver for silver, copper for copper, silver for copper, and copper for produce if he again redeems the produce, the words of Rebbi Meïr. But the Sages say, produce should be brought up and eaten in Jerusalem.

MISHNAH: He who takes it upon himself to be trustworthy gives tithes for what he eats, what he sells, and what he buys, and he is not a guest of an am haäreẓ. Rebbi Jehudah said, he who is a guest of an am haäreẓ may be trustworthy. They said to him, for himself he is not trustworthy, how can he be trusted for others?

HALAKHAH: “What he buys,” to eat it. But did we not state: “What he eats?” Hence, “what he buys” in order to sell it. But did we not state: “What he sells?” Hence, “what he buys” in order to sell it and “what he sells” from his own gathering.

It was stated: “He who is trustworthy for purity is trustworthy for tithes.” Rebbi Yannai ben Rebbi Ismaël stated it and explained his reason: That means, if one is a guest of his, but for the public he is not trustworthy until he accepts it publicly. Rebbi Ammi in the name of Rebbi Yannai: Even I am not trustworthy until we accept it in public. Rebbi Zeïra, Rebbi Yasa, in the name of Rebbi Joḥanan: Even a ḥaver who sent to another ḥaver, the recipient must tithe. Rebbi Zeïra asked before Rebbi Yasa, for example, I to Rebbi Samuel ben Rav Isaac, and Rebbi Samuel ben Rav Isaac to me? He answered him, what do you want from Rebbi Samuel ben Rav Isaac, because all he eats, he eats from the market.

It was stated: “He who is trustworthy for purity is trustworthy for tithes.” Rebbi Yannai ben Rebbi Ismaël stated it and explained his reason: That means, if one is a guest of his, but for the public he is not trustworthy until he accepts it publicly. Rebbi Ammi in the name of Rebbi Yannai: Even I am not trustworthy until we accept it in public. Rebbi Zeïra, Rebbi Yasa, in the name of Rebbi Joḥanan: Even a ḥaver who sent to another ḥaver, the recipient must tithe. Rebbi Zeïra asked before Rebbi Yasa, for example, I to Rebbi Samuel ben Rav Isaac, and Rebbi Samuel ben Rav Isaac to me? He answered him, what do you want from Rebbi Samuel ben Rav Isaac, because all he eats, he eats from the market.

MISHNAH: One lets the poor and the stranger eat demay. Rabban Gamliel let his laborers eat demay. The House of Shammai say, the administrators of charity give the tithed food to those who do not tithe, and the untithed food to those who tithe, so that it turns out that everybody eats produce that is in order. But the Sages say, one collects without asking and one distributes without asking, and he who wants to put in order should put in order.

MISHNAH: He who buys produce from a person who is not trustworthy for tithes and forgot to tithe them may ask the seller on the Sabbath and eats on the seller’s information. At nightfall, when Sabbath ends, he may not eat until he tithed. If he did not find the seller, but another person who is not trustworthy for tithes told him that it is tithed, he may eat on that information. At nightfall when Sabbath ends, he may not eat until he tithed. Heave of the tithe that returned to its origin. Rebbi Simeon from Shezur said, even on weekdays he asks the seller and eats on his information.

MISHNAH: He who buys produce from a person who is not trustworthy for tithes and forgot to tithe them may ask the seller on the Sabbath and eats on the seller’s information. At nightfall, when Sabbath ends, he may not eat until he tithed. If he did not find the seller, but another person who is not trustworthy for tithes told him that it is tithed, he may eat on that information. At nightfall when Sabbath ends, he may not eat until he tithed. Heave of the tithe that returned to its origin. Rebbi Simeon from Shezur said, even on weekdays he asks the seller and eats on his information.

It was stated only for someone acting in error, not intentionally, as we have stated: If he forgot to tithe, if he had made no previous stipulation. But with a stipulation, one eats even on the stipulation by a friend.

A holiday next to the Sabbath, be it before the Sabbath or after the Sabbath, and likewise the two holidays of the diaspora, according to him who says they are one sanctity, he may eat; according to him who says that they are two sanctities, he may not eat. Even according to him who says that they are two sanctities, he may eat as long as there was no possibility to tithe between them. It was stated: “If he asks him on the holiday, he eats on the Sabbath; if he asks him on the Sabbath, he eats on the holiday.” Rebbi Jonah in the name of Rebbi Zeïra, explain it regarding produce he had intended to use on Sabbath eve. But produce he had not intended on Sabbath eve (to use during the Sabbath) is not included. Rebbi Mana said, the words of the rabbis support Rebbi Jonah, my father, since we have stated there: “He who takes a vow regarding his friend that he will eat at his place but he does not trust him with the tithes.” Rebbi Yannai ben Rebbi Ismaël in the name of Rebbi Joḥanan: On the Sabbath of the preliminary marriage they permitted because of hatred. Is the Sabbath of the preliminary marriage not comparable to produce that on Sabbath eve he intended to use (later on the Sabbath)? Nevertheless, he only said “because of hatred.”

A holiday next to the Sabbath, be it before the Sabbath or after the Sabbath, and likewise the two holidays of the diaspora, according to him who says they are one sanctity, he may eat; according to him who says that they are two sanctities, he may not eat. Even according to him who says that they are two sanctities, he may eat as long as there was no possibility to tithe between them. It was stated: “If he asks him on the holiday, he eats on the Sabbath; if he asks him on the Sabbath, he eats on the holiday.” Rebbi Jonah in the name of Rebbi Zeïra, explain it regarding produce he had intended to use on Sabbath eve. But produce he had not intended on Sabbath eve (to use during the Sabbath) is not included. Rebbi Mana said, the words of the rabbis support Rebbi Jonah, my father, since we have stated there: “He who takes a vow regarding his friend that he will eat at his place but he does not trust him with the tithes.” Rebbi Yannai ben Rebbi Ismaël in the name of Rebbi Joḥanan: On the Sabbath of the preliminary marriage they permitted because of hatred. Is the Sabbath of the preliminary marriage not comparable to produce that on Sabbath eve he intended to use (later on the Sabbath)? Nevertheless, he only said “because of hatred.”

“In addition, Rebbi Simeon from Shezur said: If he separated the heave of the tithe and it was burned, he asks the seller and eats on his information.” Did Rebbi Zeïra not say that a similar case came before Rebbi Ḥanina and he taught according to Rebbi Simeon from Shezur? Rebbi Avin said, this question does not compare to the first question. There it was, not that I suspect you, but since I bought wheat from you yesterday and I saw a multitude with you, I said maybe you forgot to put them in order. Were they put in order? But here, because I suspected you, I put them in order but they went up in fire. Were they put in order? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said that Bar Kappara stated: The fear of dema‘ is on him and he will tell the truth.

HALAKHAH: Rebbi Abba bar Huna in the name of Rav: He who eats his produce without having separated the tithe of the poor commits a deadly sin. What is the reason of Rebbi Eliezer? Because he knows that it would be a deadly sin, he will separate it. What is the reason of the rabbis? He only has to give a name but does not have to separate it.

Rebbi Jeremiah asked before Rebbi Zeïra: Is he not like somebody who makes repairs on the Sabbath? He said to him, because of his proviso. Rebbi Jeremiah asked before Rebbi Zeïra: Is it not forbidden because of destruction of edibles? He said to him, he crumbles a small amount and eats. Rebbi Jeremiah asked before Rebbi Zeïra: Is it not forbidden because of robbery? He said to him, the host desires the satisfaction of his guest.

We have stated: “One may move both pure and impure heave.” Rebbi Zeïra said, it means that one is permitted to move ṭevel that has a condition on it on the Sabbath. What does he do? He thinks about a part of it and eats the rest.

MISHNAH: When does one start to eat tree fruits in the Sabbatical year? Unripe figs when they started to be radiant one eats with his bread in the field; when they became large one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed. Unripe grapes when they contain fluid one eats them with his bread on the field; when their skin became transparent one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed.

MISHNAH: When does one start to eat tree fruits in the Sabbatical year? Unripe figs when they started to be radiant one eats with his bread in the field; when they became large one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed. Unripe grapes when they contain fluid one eats them with his bread on the field; when their skin became transparent one takes them into his house and in this state in other years of the Sabbatical cycle they must be tithed.

There, we have stated (Mishnah ‘Uqeẓin 3:6): “Unripe figs and grapes, Rebbi Aqiba said they may become impure by the impurity of food; Rebbi Joḥanan ben Nuri said only after they come to the period of tithing.” We have stated here “immediately” but is it “not immediately”? Rebbi Ḥananiah in the name of Rebbi Simeon ben Laqish: The Mishnah speaks only about unripe figs, but unripe fruit of any other kind may not become impure by the impurity of food until it reaches the period of tithing. Rebbi Yose said, our Mishnah implies this: “Unripe figs when they started to be radiant one eats them with his bread in the field.” Rebbi Pedat in the name of Rebbi Joḥanan: Everybody agrees about the Sabbatical year. “Everybody agrees,” the colleagues said that the figs do not become impure by the impurity of food.

Rebbi Simon ben Laqish went to Bostra; they came to him and said to him: Select for us a man as preacher, judge, scribe, reader; one who will do everything we need. He selected a Babylonian and said to him, I have a good place for you. He went to Rebbi Joḥanan who said to him, from Babylonia to Babylonia. Rebbi Jacob bar Abba said, since Rebbi Joḥanan said from Babylonia to Babylonia, that means one who buys there is not obligated. But is it not forbidden to go to Tyre, and if one buys there is he not obligated? It was found stated: A sign for Ammon, Moab, and the Land of Egypt: There are two regions. From the first one eats and it may be worked, from the other one eats and it may not be worked. Rebbi Joḥanan wanted to refer to (Deut. 4:43): “Beṣer in the prairie”. He asked Rebbi Simeon ben Laqish: Is Beṣer Bostra?

Rebbi Simon ben Laqish went to Bostra; they came to him and said to him: Select for us a man as preacher, judge, scribe, reader; one who will do everything we need. He selected a Babylonian and said to him, I have a good place for you. He went to Rebbi Joḥanan who said to him, from Babylonia to Babylonia. Rebbi Jacob bar Abba said, since Rebbi Joḥanan said from Babylonia to Babylonia, that means one who buys there is not obligated. But is it not forbidden to go to Tyre, and if one buys there is he not obligated? It was found stated: A sign for Ammon, Moab, and the Land of Egypt: There are two regions. From the first one eats and it may be worked, from the other one eats and it may not be worked. Rebbi Joḥanan wanted to refer to (Deut. 4:43): “Beṣer in the prairie”. He asked Rebbi Simeon ben Laqish: Is Beṣer Bostra?

MISHNAH: One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who had given birth from Sabbatical money. If he bought them, he has to eat their worth. One does not rub vessels with Sabbatical oil. If he did, he has to eat its worth. Leather oiled with Sabbatical oil, Rebbi Eliezer said, should be burned, but the Sages say, one has to eat its worth. They said before Rebbi Aqiba: Rebbi Eliezer used to say that leather oiled with Sabbatical oil should be burned. He said to them: be silent! I shall not tell you what Rebbi Eliezer said about this. They also said before him: Rebbi Eliezer used to say that one who eats Samaritan bread is like one who eats pork. He said to them: be silent! I shall not tell you what Rebbi Eliezer said about this. One may bathe in a bathhouse heated with Sabbatical straw and chaff. If somebody considers himself an important person, he should not bathe there.

MISHNAH: One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who had given birth from Sabbatical money. If he bought them, he has to eat their worth. One does not rub vessels with Sabbatical oil. If he did, he has to eat its worth. Leather oiled with Sabbatical oil, Rebbi Eliezer said, should be burned, but the Sages say, one has to eat its worth. They said before Rebbi Aqiba: Rebbi Eliezer used to say that leather oiled with Sabbatical oil should be burned. He said to them: be silent! I shall not tell you what Rebbi Eliezer said about this. They also said before him: Rebbi Eliezer used to say that one who eats Samaritan bread is like one who eats pork. He said to them: be silent! I shall not tell you what Rebbi Eliezer said about this. One may bathe in a bathhouse heated with Sabbatical straw and chaff. If somebody considers himself an important person, he should not bathe there.

“All regions are one for olives and dates.” It was stated: “Also for carobs.” It was stated: “One eats dates until they disappear from Jericho, one eats olives until they disappear from Meron and Giscala.”

“All regions are one for olives and dates.” It was stated: “Also for carobs.” It was stated: “One eats dates until they disappear from Jericho, one eats olives until they disappear from Meron and Giscala.”

MISHNAH: One eats based on what is abandoned but not on what is guarded. Rebbi Yose says, also on what is guarded. One eats because of swollen fruit and because of a second crop, but not on winter growth. Rebbi Jehudah permits it on condition that they brought first fruits before the end of the summer.

MISHNAH: One eats based on what is abandoned but not on what is guarded. Rebbi Yose says, also on what is guarded. One eats because of swollen fruit and because of a second crop, but not on winter growth. Rebbi Jehudah permits it on condition that they brought first fruits before the end of the summer.

Our Mishnah is Rebbi Yose’s since is is stated: “One does not eat because of swollen fruits in Acco. Rebbi Yose says, one eats because of swollen fruits in Acco.” Rebbi Yose said, we were of the opinion that Rebbi Yose and the rabbis disagree about winter fruits, therefore not about double yields. It was found stated: Rebbi Jehudah permits second crop on condition [the tree] produce first fruits before the end of summer.

MISHNAH: He who preserves three kinds in one barrel, Rebbi Eliezer says one eats because of the first kind, but Rebbi Joshua says, even because of the last. Rabban Gamliel says, anything whose kind has disappeared from the fields must be removed from the house. Rebbi Simeon says, all vegetables are one kind for removal; one eats purslain until there are no more sindiot in the Bet Neṭofa valley.

MISHNAH: He who preserves three kinds in one barrel, Rebbi Eliezer says one eats because of the first kind, but Rebbi Joshua says, even because of the last. Rabban Gamliel says, anything whose kind has disappeared from the fields must be removed from the house. Rebbi Simeon says, all vegetables are one kind for removal; one eats purslain until there are no more sindiot in the Bet Neṭofa valley.

MISHNAH: If somebody had Sabbatical produce when the time of removal came, he distributes food for three meals to everybody. The poor may eat after removal but not rich persons, the words of Rebbi Jehudah. Rebbi Yose says, both poor and rich persons may eat after removal. If somebody had Sabbatical produce which fell to him as inheritance or was given to him as a gift, Rebbi Eliezer says it should be given to those who eat it. But the Sages say, a sinner should not be rewarded, but it should be sold to those who eat it and the payment distributed to anybody. He who eats from Sabbatical dough of which ḥallah was not taken commits a deadly sin.

If there were two fig cakes, one partially impure and one partially pure, may one give heave from one for the other? If he had two heaps, and from both of them he had given part of heaves and tithes, may he give heave from one for the other? The students of the elder Rebbi Ḥiyya asked the elder Rebbi Ḥiyya and he said to them (Eccl. 4:5): “The fool folds his hands and eats his own flesh.” Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: He may not give heave from one for the other.

That is, if most of the heap was put in order. If most of the heap was not put in order, there is disagreement between Ḥizqiah and Rebbi Joḥanan. As Rebbi Simeon ben Laqish said in the name of Ḥizqiah, ṭevel becomes voided by plurality, but Rebbi Joḥanan said, ṭevel does not become voided by plurality. Since it was his intention to give, each single grain of wheat was labelled at its place. Some want to explain following Rebbi Eliezer ben Jacob, as Rebbi Eliezer ben Jacob stated, that he cannot separate either for itself or for another place. This parallels the following: If there were before him two heaps and from each of them he took part of heave or tithes, may he take heave or tithe from one for the other? The students of the elder Rebbi Ḥiyya asked the elder Rebbi Ḥiyya and he said to them (Eccl. 4:5): “The fool folds his hands and eats his own flesh.” Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: He may not give heave or tithe from one for the other.

MISHNAH: If somebody eats heave in error, he pays principal and fifth; whether he eats, drinks, or anoints, whether the heave be pure or impure, he pays. The fifth and the fifth of the fifths he does not pay in heave but in totally profane food which is turned into heave. All payments become heave. Although the Cohen may want to forgive this, he has no right to forgive. If an Israel woman ate heave and then was married to a Cohen, ate the heave before a Cohen had acquired it, she pays principal and fifth to herself, but if she ate heave which a Cohen had acquired, she pays principal to its owner and the fifth to herself since they said, he who eats heave in error pays the principal to its owner and the fifth to a person of his choice.

MISHNAH: If somebody eats heave in error, he pays principal and fifth; whether he eats, drinks, or anoints, whether the heave be pure or impure, he pays. The fifth and the fifth of the fifths he does not pay in heave but in totally profane food which is turned into heave. All payments become heave. Although the Cohen may want to forgive this, he has no right to forgive. If an Israel woman ate heave and then was married to a Cohen, ate the heave before a Cohen had acquired it, she pays principal and fifth to herself, but if she ate heave which a Cohen had acquired, she pays principal to its owner and the fifth to herself since they said, he who eats heave in error pays the principal to its owner and the fifth to a person of his choice.

MISHNAH: If somebody eats heave in error, he pays principal and fifth; whether he eats, drinks, or anoints, whether the heave be pure or impure, he pays. The fifth and the fifth of the fifths he does not pay in heave but in totally profane food which is turned into heave. All payments become heave. Although the Cohen may want to forgive this, he has no right to forgive. If an Israel woman ate heave and then was married to a Cohen, ate the heave before a Cohen had acquired it, she pays principal and fifth to herself, but if she ate heave which a Cohen had acquired, she pays principal to its owner and the fifth to herself since they said, he who eats heave in error pays the principal to its owner and the fifth to a person of his choice.

HALAKHAH: “If somebody eats heave in error,” etc. It is written (Lev. 22:14): “Anybody who ate sanctified food in error must add its fifth.” That it and its fifth make five.

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.

If somebody said, I would not touch the volume of an olive, but I will touch half the volume of an olive, Rebbi Abun bar Ḥiyya said, he is like a person who eats half the volume of an olive unintentionally and half the volume of an olive intentionally. Would Rebbi Abun bar Ḥiyya hold with Rebbi Simeon ben Laqish since Rebbi Simeon ben Laqish said, if he ate half the volume of an olive during one forgetting spell, he is free from punishment. So here, if he ate two times half the volume of an olive minus something, he is free from punishment. Rebbi Simeon ben Laqish agrees in the case of prohibitions of usufruct, Rebbi Simeon ben Laqish agrees in the case of the Day of Atonement, Rebbi Simeon ben Laqish agrees in case he would complete it in the future.

MISHNAH: If somebody eats heave intentionally, he pays the principal but not the fifth. His payment is profane and if the Cohen wants to forgive this, he may forgive.

HALAKHAH: “If somebody eats heave intentionally,” etc. There, we have stated: “The following are flogged,” and we have stated: “These are the girls.” Here you say, he is flogged, and there you say, he pays. Rebbi Joḥanan said, the Mishnah is two-sided: If he was cautioned, he is flogged; if he was not cautioned, he pays. Rebbi Joḥanan is of the opinion that in a case where there is flogging or restitution, when he pays he is not flogged. Why should he not be flogged and have to pay? (Deut. 25:2) “His guilt.” You sentence him for one guilt but you may not sentence him for two guilts. The verse speaks of one who may incur two punishments (Deut. 25:2): “The judge shall have him laid down and flogged in his presence, a number [of times] because of his guilt.”

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.

Our Mishnah disagrees with Rebbi Simeon ben Laqish! Did we not state “If somebody eats heave in error”? He explains it following Rebbi Meïr, since Rebbi Meïr said, he is whipped and pays. But did we not state: “If somebody eats heave intentionally”? In the opinion of Nathan bar Hoshaiah who said, when he pays he is not flogged, it is understandable. In the opinion of Rebbi Joḥanan who said, if he was cautioned he is flogged, but if he was not cautioned he pays, he explains it as intentional without cautioning. In the opinion of Rebbi Simeon ben Laqish there is no difference between intentional and unintentional, between cautioned or not cautioned. Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr says, he is flogged and he pays.

Our Mishnah disagrees with Rebbi Simeon ben Laqish! Did we not state “If somebody eats heave in error”? He explains it following Rebbi Meïr, since Rebbi Meïr said, he is whipped and pays. But did we not state: “If somebody eats heave intentionally”? In the opinion of Nathan bar Hoshaiah who said, when he pays he is not flogged, it is understandable. In the opinion of Rebbi Joḥanan who said, if he was cautioned he is flogged, but if he was not cautioned he pays, he explains it as intentional without cautioning. In the opinion of Rebbi Simeon ben Laqish there is no difference between intentional and unintentional, between cautioned or not cautioned. Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr says, he is flogged and he pays.

Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s fat is flogged and has to pay since he who eats fat is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s heave is flogged and has to pay since he who eats his own heave is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who muzzled his neighbor’s cow is flogged and has to pay six qab per cow and four qab for a donkey since he who muzzles his cow is flogged. Rebbi Yose said, the same holds if death is the penalty. If he stole Temple heave and ate it, he is whipped and has to pay since in any case he caused monetary loss.

Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s fat is flogged and has to pay since he who eats fat is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s heave is flogged and has to pay since he who eats his own heave is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who muzzled his neighbor’s cow is flogged and has to pay six qab per cow and four qab for a donkey since he who muzzles his cow is flogged. Rebbi Yose said, the same holds if death is the penalty. If he stole Temple heave and ate it, he is whipped and has to pay since in any case he caused monetary loss.

MISHNAH: The daughter of a Cohen married to an Israel who afterwards ate heave pays the principal but does not pay the fifth; her death is by burning. If she married one of the ineligible, she pays principal and fifth and her death is by strangulation, the words of Rebbi Meïr. But the Sages say, both pay principal but not the fifth and their deaths are by burning. He who feeds his minor children or his slaves, adult or minor, he who eats heave from outside the Land, and he who eats less than the volume of an olive of heave pays the principal but not the fifth. The payment is profane and if the Cohen wants to forgive it, he may forgive. This is the principle: In every case one pays the principal and the fifth, the payment is heave and although the Cohen may want to forgive, he may not forgive. In every case one pays the principal but not the fifth, the payment is profane and if the Cohen wants to forgive, he may do so.

MISHNAH: The daughter of a Cohen married to an Israel who afterwards ate heave pays the principal but does not pay the fifth; her death is by burning. If she married one of the ineligible, she pays principal and fifth and her death is by strangulation, the words of Rebbi Meïr. But the Sages say, both pay principal but not the fifth and their deaths are by burning. He who feeds his minor children or his slaves, adult or minor, he who eats heave from outside the Land, and he who eats less than the volume of an olive of heave pays the principal but not the fifth. The payment is profane and if the Cohen wants to forgive it, he may forgive. This is the principle: In every case one pays the principal and the fifth, the payment is heave and although the Cohen may want to forgive, he may not forgive. In every case one pays the principal but not the fifth, the payment is profane and if the Cohen wants to forgive, he may do so.

HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?” The rabbis say, this follows the old Mishnah, according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated: “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission.

Rebbi Ḥaggai asked the colleagues, from where that he who eats with permission is free? What is the difference between him who thought that it was profane but it turned out that it was heave, who is obligated, and him who thought that he was an Israel but it turned out that he was a Cohen, who is free? They said to him, by the declaration of the court. He said to them, still I am having a problem. What is the difference between him who thought that it was a weekday but it turned out that it was a Sabbath, who is obligated, and him who thought that it was a Passover sacrifice but it turned out that it was a well-being offering, who is free? They said to him, because he slaughtered with permission. He said to them, still I am having a problem. What is the difference between him who thought that it was permitted fat but it turned out that it was forbidden fat, who is obligated, and him who thought that it was forbidden but it turned out that it was permitted, who is free? They did not answer him. What did he say to them? Let us take counsel! (Lev. 4:23,28): “Or his transgression in which he sinned was made known to him; he has to bring.” He who returns from his prior knowledge is obligated for his error; this excludes one who would not stop even if he knew! Rebbi Assi went to see them and said, why did you not answer him (Lev. 4:23,28): “Or his transgression in which he sinned was made known to him; he has to bring”? They said to him, he asked the question and gave the answer.

Blood on a loaf of bread one shaves off and eats [the bread]. If it came from between his teeth he eats and does not worry. The abominations among mites, flies, wild bees, abominations and crawling things, I might think [that they are forbidden] while they are inside the fruit, the verse says (Lev. 11:26,27,28): “They are impure,” when they exist independently rather than inside the fruit. I might think, even if they left and returned; the verse says “they are impure,” even if they left and returned. Rav Ḥiyya bar Ashi in the name of Rav: As soon as they reach the rim of the food they are forbidden even if they return.

Blood on a loaf of bread one shaves off and eats [the bread]. If it came from between his teeth he eats and does not worry. The abominations among mites, flies, wild bees, abominations and crawling things, I might think [that they are forbidden] while they are inside the fruit, the verse says (Lev. 11:26,27,28): “They are impure,” when they exist independently rather than inside the fruit. I might think, even if they left and returned; the verse says “they are impure,” even if they left and returned. Rav Ḥiyya bar Ashi in the name of Rav: As soon as they reach the rim of the food they are forbidden even if they return.

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.

“ ‘Go and collect for yourself 20 figs from my tree and I will eat my fill from yours,’ he who eats his fill is free and he who eats a fixed number is obligated.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeїra: Can a person not eat one by one with permission and be free? He said to him, yes. Then why is he obligated here? He said to him, when he takes them together. If he takes them together, even he who eats his fill should be obligated! Is he not forbidden because of barter? Rebbi Shammai said, there is no barter since this man only wanted to make him hungry that he should eat.

“ ‘Go and collect for yourself 20 figs from my tree and I will eat my fill from yours,’ he who eats his fill is free and he who eats a fixed number is obligated.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeїra: Can a person not eat one by one with permission and be free? He said to him, yes. Then why is he obligated here? He said to him, when he takes them together. If he takes them together, even he who eats his fill should be obligated! Is he not forbidden because of barter? Rebbi Shammai said, there is no barter since this man only wanted to make him hungry that he should eat.

“ ‘Go and collect for yourself 20 figs from my tree and I will eat my fill from yours,’ he who eats his fill is free and he who eats a fixed number is obligated.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeїra: Can a person not eat one by one with permission and be free? He said to him, yes. Then why is he obligated here? He said to him, when he takes them together. If he takes them together, even he who eats his fill should be obligated! Is he not forbidden because of barter? Rebbi Shammai said, there is no barter since this man only wanted to make him hungry that he should eat.

“ ‘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 one after the other and is free. ‘Go and fill a basket.’ ” Rebbi says, I say that he has to show him the basket. What is the measure of a basket? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: A standard basket is four qab, a large one a seah, a small one three qab. Rebbi Jonah asked: Has this been said for tithes or for contract law? If you say for tithes, then certainly also for contracts. If for contracts, then not for tithes. It was obvious to Rebbi Yose that this was said for tithes, and certainly also for contracts.

Rebbi Joḥanan said, Rebbi Jehudah implies that they made it like a branch hanging into the courtyard. In the opinion of Rebbi Joḥanan, if he eats single ones, eats in a public place, and leaves some remainder. In the opinion of Rebbi Eleazar, even if he does not eat single ones, even if he does not eat in a public place and leaves no remainder.

Rebbi Joḥanan said, Rebbi Jehudah implies that they made it like a branch hanging into the courtyard. In the opinion of Rebbi Joḥanan, if he eats single ones, eats in a public place, and leaves some remainder. In the opinion of Rebbi Eleazar, even if he does not eat single ones, even if he does not eat in a public place and leaves no remainder.

MISHNAH: Fruits from which he gave heave before they were completely processed, Rebbi Eliezer prohibits to eat snacks from them but the Sages permit it except for harvesting-baskets of figs. Rebbi Simeon permits from a harvesting-basket of figs from which heave was taken but the Sages forbid. If somebody says to another person, here take this as and give me five figs for it, he should not eat before he tithed, the words of Rebbi Meir. Rebbi Jehudah says, if he eats them singly he is free, if he takes them together he is obligated. Rebbi Jehudah said, there is a story that a rose garden was in Jerusalem whose figs were sold three or four for an as and nobody ever gave heave and tithes for them.