Talmud zu Sheviit 9:11

HALAKHAH: “One seah of impure heave”, etc. Rebbi Ḥiyya stated: “Ṭevel lifts, aftergrowth of the Sabbatical lifts.⁷Tosephta 6:2: “A seah of heave which fell into less than 100 and made it dema‘, if it was ṭevel he uses it as heave and tithes for other produce or he gives a name to the heave of the tithe.” 6:3: “A seah of heave which fell into 100 of Sabbatical produce shall be lifted, less than that must be left to rot.” Ṭevel is forbidden to everybody, including a Cohen, but the Cohen may turn it all into heave and heave of the tithe without actually separating anything.” Ṭevel, one lifts and gives a name to his tithes. The aftergrowth of the Sabbatical should be given to those who may eat it. Rebbi Yose said, a baraita says so: “A seah of heave that fell into less than one hundred may be lifted⁷Tosephta 6:2: “A seah of heave which fell into less than 100 and made it dema‘, if it was ṭevel he uses it as heave and tithes for other produce or he gives a name to the heave of the tithe.” 6:3: “A seah of heave which fell into 100 of Sabbatical produce shall be lifted, less than that must be left to rot.” Ṭevel is forbidden to everybody, including a Cohen, but the Cohen may turn it all into heave and heave of the tithe without actually separating anything. …”. Because it is less than 100; hence 100 will lift; is that not from ṭevel?

“Cohanim who prepare dough in purity³²Since ḥallah has to be taken from bread dough under the rules of the heave and be eaten in purity, and the am haäreẓ by his touch would give primary impurity to the wet dough, as explained in Halakhah 2:3, it was customary to hire a Cohen to knead the dough in purity, take ḥallah to eat it, and then hand the dough over to the am haäreẓ to bake it. should not be inquisitive in the courtyards of those who eat from the yield of the Sabbatical year.” Some Tannaïm³³Tosephta Demay 3:17. stated: “They should be inquisitive.” Rebbi Phineas said, he who says that they should be inquisitive, because of their ḥallah³⁴Produce of the Sabbatical year, being legally abandoned property, is exempt from heave and tithes. But dough prepared from grain grown in the Sabbatical year, even if the grain was legally harvested, is always subject to ḥallah. So the Tosephta requires the Cohen not only to take ḥallah, but also to check whether the grain might be demay.; he who says that they should not be inquisitive, for he would save him from the simple sin and lead him to a deadly one. Ṭevel is a deadly sin, the Sabbatical year is a simple prohibition³⁵If the Cohen would refuse to knead the dough of the nonobservant and to take ḥallah, the nonobservant would knead the dough himself and not give ḥallah. However, dough from which ḥallah was not taken is ṭevel, and its consumption is as bad a sin as consuming grain from which heave was not taken. Since the Cohen by his action leads the nonobservant into sin, the sin is the Cohen’s..

How does one nullify it? Rebbi Ḥiyya bar Ada said, by spit³²By having a Gentile spit on some of the core stones.. But did not Rebbi Ḥiyya state: Scattered stones of Mercurius have no nullification? Rebbi Phineas said, here those which where thrown at it; there those which were not thrown at it³³As noted before, the original mound can be disassembled and its stones used; the accretions by passers-by cannot.. As this: Rebbi Simeon ben Rebbi had a Mercurius on his field. He came to his burgonar³⁴Probably a dweller or supervisor of a burgus,πυργός “tower”; cf. Chapter 1, Note 229. The conjecture of M. Sokoloff, “tenant farmer” based on an interpretation of D. Sperber (Essays on Greek and Latin in the Mishna, Talmud and Midrashic Literature, Jerusalem 1982) of πυργός as “farm house” is not convincing. Also compare Greek πυρκαεύς. “fire-kindler” (E. G.). and told him, since I heard that the magistrate³⁵Greek ἄρχων. wants to pass by here tomorrow, by your life lift these stones. After he³⁶The burgonar. had lifted them, he wanted to take them away. He³⁷R. Simeon ben Rebbi. told him, they are mine. Rebbi Ḥiyya bar Abba heard this and said, did not the Elder Rebbi Ḥiyya state this³³As noted before, the original mound can be disassembled and its stones used; the accretions by passers-by cannot.? But since he had heard it from him, he reinforced³⁸R. H.I.D. Azulay reports (ככר לאדן) a ms. reading חזר “he repeated”. and fixed it³⁹He publicized what he had done in order to fix practice following R. Hiyya in the interpretation of R. Phineas..

HALAKHAH: So is the Mishnah: A person should not sell his field6⁵⁴With the produce standing potentially subject to tithes.. Rebbi Simeon permits since he⁵⁵He, the seller, may say to him, the Levite, go and collect your tithe if you can. may say to him, I sold mine, go and demand what is yours. If he transgressed and sold, he tithes what he eats but he does not have to tithe for what he sold since we are not responsible for the dishonest⁵⁶Cf. Mishnah Demay 3:5, Note 134..

HALAKHAH: It was stated: Piecewise, he fulfilled his obligation. Transposed²⁴The order of verses switched., he did not fulfill his obligation. Piecewise means in pieces. Transposed, one minus one²⁵Greek παρά, cf. E. and H. Guggenheimer, Lešonenu 39 (1975) pp. 60–61..

HALAKHAH: If they run out in Tiberias but did not run out in Sepphoris⁶⁴One explains the argument of R. Jehudah; the implication being that practice follows him. The Babli disagrees, 52a.. He says to him⁶⁵These words are part of the Babli Mishnah., 1 brought it from Sepphoris; if you do not believe me, go and bring for yourself. Rebbi Ḥanania and⁶⁶G: In the name of. Rebbi Phineas: Rebbi Jehudah and Rebbi Yose both said the same, as we have stated there⁶⁷Mishnah Ševiˋit 9:4.: “One eats based on what is abandoned but not on what is guarded⁶⁸“One eats” means “one does not have to eliminate”. “Guarded” according to Maimonides means that it grows in a fenced-in field, whose Sabbatical produce is not private property and available to all comers.. Rebbi Yose says, also on what is guarded.” He says to him⁶⁹Text of G; text here “them”. The reasoning of R. Yose is parallel to that of R. Jehudah. Since R. Yose is the preeminent authority in the generation after R. Aqiba, practice follows him., I brought it from what is guarded; if you do not believe me, there is field x guarded before you, go and bring for yourself.

So is the Mishnah: The seeds on the stem of arum¹³⁸This is the reading and interpretation of Maimonides. The other interpretations (R. Isaac Simponti, R. Simson) have to rearrange the sentence except for R. Isaac Simponti’s second explanation, “the seeds of the thorns of arum,” which does not fit reality since arum, an aracea, has no thorns.. Some woman had heave purslain on a block. They fell into a garden and sprouted. The case came before Rebbi Joḥanan who permitted. Rebbi Ḥiyya bar Abba said to him, is this not the Mishnah: “And these may be eaten if their father was heave?” He said to him, Babylonian, when you cleared a potsherd for yourself, you found a pearl! You said, is that not the Mishnah!

¹⁵³A copy of this text, except for the last sentence, is in Shevi`it9:7, Notes 95–97. Rebbi Yose ben Rebbi Abun said, Rebbi Abba bar Mamal asked: If he said, I am obligated [to offer] a log, does he bring one log? Rebbi Eleazar said, a Mishnah says that each one is a separate sacrifice, as we have stated¹⁵⁴Mishnah Yoma 2:5., “two, holding in their hands two wooden logs.” This adds single logs.

¹⁰⁰A similar discussion in Babli Bekhorot 55a. There, the first opinion is declared to be that of R. Simeon ben Ioḥai, the second that of R. Jehudah ben Bathyra, and the third that of R. Meїr. Some Tannaïm state: The Jordan is part of the Land of Israel. Some state, the Jordan is outside the Land. Some state, the Jordan is a boundary by itself. He who says the Jordan is part of the Land of Israel: (Deut. 3:17) “The prairie, the Jordan, and the border.” He who says the Jordan is outside the Land: (Jos. 18:20): “The Jordan shall form its border Eastward.” He who says the Jordan is a boundary by itself, if it is in one place. ¹⁰¹Tosephta Ketubot 8:4, Baba Qama 10:23, Babli Baba Meẓi‘a 22a. The argument there is that a change in the river bed is an act of God against which the property owners are powerless; one may therefore assume that the owners have given up hope to recover their land; the part taken by the river now is ownerless.“If the Jordan took from one place and gave to another, what it took, it took, and what it gave, it gave.” What are we dealing with? If it was from the Land of Israel and became Syria¹⁰²This is a very unlikely scenario. The Jordan is meandering only between the Land of Israel and Transjordan., it already is under the presumptive obligation of tithes and Sabbatical! Rebbi Jeremiah, Rebbi Immi in the name of Rebbi Joḥanan, Rebbi Simon in the name of Rebbi Joshua ben Levi, for claims of possession¹⁰³It is assumed that people do not keep documents for more than three years. Therefore, a person who claims to have legal possession of real estate by sale or inheritance, in the absence of a title can prove his claim by showing undisturbed possession for three years. Such a claim cannot be brought simultaneously for property inside and outside the Land., removals¹⁰⁴The required consumption of Sabbatical produce which varies from region to region, Ševi‘it 9:2., and animal tithe¹⁰⁵This is the topic of Babli Bekhorot 55a.. Rebbi Hila in the name of Rebbi Simeon ben Laqish: Only if it removed earth.

MISHNAH: Rebbi Jehudah said, if a person was afraid that the New Year’s Day might be complemented²⁵This refers to the times when the calendar was not computed but the day of the New Moon was determined by observation. Outside the seat of the Synhedrion the day of the New Moon of Tishre, which is New Year’s Day in the Baylonian calendar, had to be observed for two days since it could be either the 30^th or the 31^st of Elul. This is the only holiday falling on a New Moon. While the holiday lasts two days, it is clear that this is not a question of two distinct sanctities but in fact one of the days is really a weekday, the other a holiday, only it is not known which is which. Rebbi Jehudah, the student of R. Eliezer’s student, follows R. Eliezer and permits two different eruvin. The Sages hold that the two days are legally one long holiday., he makes two eruvin and says, my first eruv should be to the East and the second to the West, the first to the West and the second to the East, my eruv for the first day and on the second like the people of my village, for the second day but the first day like the people of my village. But the Sages did not agree with him.