Talmud zu Tahorot 3:5

For freshly pressed wine one can allow for up to forty days presuming that it is wine¹⁶⁶It is difficult to judge whether fermenting freshly pressed cider will turn out to be wine or vinegar. Since in most cases one obtains wine, the fermenting juice can be considered to be wine and if a vessel full of fermenting cider was set apart to serve as heave for the entire harvest, one may declare parts of it to be heave for successive batches up to 40 days.; Rebbi Jehudah says, up to a break point¹⁶⁷One of the three meteorologically dangerous dates listed by him in the Mishnah when wine is apt to turn into vinegar.. You find that there is a leniency and a restriction following Rebbi Jehudah, and a leniency and a restriction following the rabbis. ¹⁶⁸The following two sentences are garbled. One should read: A restriction following Rebbi Jehudah, if a break point arrived before forty days had passed, he cannot give heave, and a leniency if forty days passed without break point that he can give heave. A restriction following the rabbis, if forty days passed without break point that he cannot give heave, and a leniency, if a break point arrived before forty days had passed that he can give heave.
Since wine and vinegar are considered two different products for the purpose of heave, it is forbidden to give heave for wine from vinegar and vice-versa (MishnahTerumot 3:1). A leniency following Rebbi Jehudah, if a break point arrived before forty days had passed, and a restriction if forty days passed without break point that he cannot give heave. A leniency following the rabbis, if forty days passed without break point that he cannot give heave, and a restriction, if a break point arrived before forty days had passed that he cannot give heave. Rebbi Simon asked: If the fortieth day arrived and he did not check. He was lazy for two or three days, then he came and found it to be vinegar. Is it retroactively considered to be vinegar or only from there on to the future? What is the difference? If he had transgressed and given heave. If you say that retroactively it is considered to be vinegar, his heave is heave¹⁶⁹The previous paragraph shows that in this sentence one has to read: His heave is no heave. In the next sentence, one has to read: His heave is heave. The text already was corrected in editio princeps.. From there on to the future it is not heave. ¹⁷⁰From here to the end of the Halakhah there exists a parallel text in Baba Batra 6:1 (15b/c) edited differently. The first part also has a parallel in the Babli, Baba Batra 96a. If he had checked an amphora to continuously give heave from it¹⁷¹Since heave has to be given from the finished agricultural product, it is in order to set aside a small amphora of the first wine of the season to be used to provide heave for the entire harvest. From the moment the first small volume of wine is declared as heave, the entire contents of the amphora can be consumed only by a ritually pure Cohen. This does not alter the fact that most of the contents are still profane and can be used for future declarations of heave; cf. Note 151.. When he returned, he found it to be vinegar. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is wine, the last vinegar, and the middle ones are in doubt. Rebbi Abbahu said, I heard that from Rebbi Joshua ben Levi; Rebbi Joḥanan did not say so but the first three days it certainly is wine, after that it is in doubt¹⁷²In the Babli, R. Joḥanan’s opinion is supported by a baraita. There it is explained that they differ in the analysis of the process which turns wine into vinegar. This cannot be the background of the Yerushalmi since then the comparison to the status of the needle would be impossible.. Do they differ in the treatment of doubt? What Rebbi Joḥanan said refers to the case that he came and found it to be stale vinegar¹⁷³It was exposed to oxydation for a prolonged period after turning into vinegar.. What Rebbi Joshua ben Levi said refers to the case that he came and found it to be strong vinegar¹⁷⁴Turned into vinegar only recently.. Or their difference equals another difference, for what we have stated there¹⁷⁵Mishnah Tahorot 3:5. There, “pure” means “cannot be impure” and “impure” “can become impure”. The only items which can become impure are humans, food, vessels, and tools. An impure tool or vessel is purified when it becomes unusable.: “A rusty or broken needle is pure¹⁷⁶In this state it is not usable. It is stated in Tosephta Kelim Baba Meṣi‘a 3:10 that if it was impure, rusted and became pure, then was rubbed clean, it returned to its original impurity..” It was stated: He put it down smooth, then he came and found it rusty. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is impure, the last pure, and the middle ones are in doubt. Rebbi Abbahu said, that is what Rebbi Joshua ben Levi said; Rebbi Joḥanan did not say so but the first three days it certainly is impure, after that it is in doubt. Rebbi Ila, Rebbi Abba and Rebbi Eleazar in the name of all rabbis who are frequenting the House of Study: Concerning wine and needle practice follows Rebbi Joshua ben Levi¹⁷⁷In Baba Batra 6:1, practice is decided following R. Joshua ben Levi only in the case of the needle. The Babli Baba Batra 96a implies that practice follows R. Joḥanan in the case of the amphora (understood in this sense by Maimonides and R. Moses of Coucy.).