Mishnah
Mishnah

Talmud for Berakhot 7:1

שְׁלשָׁה שֶׁאָכְלוּ כְאֶחָד, חַיָּבִין לְזַמֵּן. אָכַל דְּמַאי, וּמַעֲשֵׂר רִאשׁוֹן שֶׁנִּטְּלָה תְרוּמָתוֹ, וּמַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁנִּפְדּוּ, וְהַשַּׁמָּשׁ שֶׁאָכַל כַּזַּיִת, וְהַכּוּתִי, מְזַמְּנִין עֲלֵיהֶם. אֲבָל אָכַל טֶבֶל, וּמַעֲשֵׂר רִאשׁוֹן שֶׁלֹּא נִטְּלָה תְרוּמָתוֹ, וּמַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ, וְהַשַּׁמָּשׁ שֶׁאָכַל פָּחוֹת מִכַּזַּיִת, וְהַנָּכְרִי, אֵין מְזַמְּנִין עֲלֵיהֶם:

Three who ate together chayavin lezamen. [They must "group" (lehizdamen) together to bless in the plural: "Let us bless Him of whose fare we have eaten."] A zimun (such a group) is made (even) if one ate: demai, [The fruits of an am ha'aretz (an unlearned person) are called "demai," i.e., "da mai?" "What is this?" Tithed or untithed? For amei ha'aretz are suspect in respect to tithes. And the sages forbade eating of their fruits until they were tithed. But if one did eat of them without tithing, the blessing (grace) is, nonetheless, recited, and it is not considered "a mitzvah coming through a transgression" because most amei ha'aretz do tithe], and ma'aser rishon (the first tithe) whose terumah had been taken, [even though terumah gedolah ("the great terumah") had not been taken of it. To wit: a Levite preceded a Cohein and took his ma'aser in the stalks, before the Cohein had taken terumah gedolah. The Cohein was to have taken terumah gedolah, one-fiftieth, first, the Torah calling it "reshith" ("the first"). It emerges, then, that the terumah gedolah of the Cohein is found in this ma'aser — one fiftieth of it — aside from terumath ma'aser, it being incumbent upon the Levite to separate terumah from his ma'aser. Our Mishnah apprises us that the Levite need not separate terumah gedolah from it, it being written (Numbers 18:26): "Then you (the Levites) shall separate from it terumah for the L-rd, ma'aser from the ma'aser" — ma'aser from the ma'aser, and not terumah gedolah and terumath ma'aser of the ma'aser.], and ma'aser sheni (the second tithe) and hekdesh (devoted objects) which were redeemed, [as when he gave the principal, but not the fifth (the owners adding a fifth), the tanna apprising us that the (absence of) the fifth does not stand in the way (of the blessing).], and (a zimun is made with) the waiter who ate an olive-size. [for we would think that since the waiter had no fixed place, but comes and goes, a zimun is not made with him; we are, therefore, apprised otherwise. In all of these instances we are apprised that though they are similar to what is forbidden, they do not constitute "blessing coming through transgression."], and (with) a Cuthite [one of the sect of idolators that the king of Ashur brought from Cutha and from other lands and settled in the cities of Shomron. They became proselytes from fear of the lions which started to devour them, as explained in II Kings (17), and they observed the written Law, being more fastidious than the Jews themselves in the observance of every mitzvah that they kept. They were, therefore, trusted in respect to certain mitzvoth until they were found to have set up an image of a dove on the top of Mount Gerizim, which they served. From that time on they were regarded as absolute idolators in every respect, for which reason today a zimun is not made with a Cuthite.] But a zimun is not made if one ate tevel [Grain from which terumah and ma'aser were not taken is called "tevel," ("tav lo" - "It is not good"). And not only (it goes without saying) is a zimun not made over what is tevel according to Scripture, but even over what is tevel by rabbinical ordinance, such as grain grown in an unperforated flower pot.], and ma'aser rishon whose terumah had not been taken. ["Terumah" here is not terumath ma'aser, for that would be absolute tevel, but the instance referred to is one in which the Levite preceded the Cohein to the pile after it had been finished off and become subject to terumah according to the Torah, and took ma'aser rishon first. One-fiftieth of that is subject to the Cohein's terumah gedolah; and so long as the terumah gedolah has not been separated, even though the terumah of ma'aser has been separated, no zimun is made over it. (If the Levite had preceded the Cohein and taken his ma'aser in the stalks, before the finishing off of the pile, there would be no need of separating terumah gedolah, as explained above).], and ma'aser sheni and hekdesh which had not been redeemed [It need not be stated that (no zimun is made) if they had not been redeemed at all; for this goes without saying. The reference is, rather, to an instance in which it had been redeemed, but not according to the halachah, as when ma'aser sheni is redeemed with fragments of silver or with a coin which has no design on it, Scripture having stated (Deuteronomy 14:25): "Vetzarta the money" — money that has a tzura (design on it); and as when hekdesh is redeemed with land instead of with money, Scripture having stated (Leviticus 27:19): "Then he shall add one-fifth of the money."], and (with) the waiter who ate less than an olive-size. [This is a superfluous Mishnah; but since most (of the aforementioned instances) are repeated for a necessary teaching, this, too, is repeated.], and an idolator. [The reference is to a proselyte who underwent circumcision but not ritual immersion, the Mishnah apprising us that as long as he has not undergone ritual immersion he is still an idolator, not being considered a proselyte until he has undergone both circumcision and ritual immersion.]

Jerusalem Talmud Ketubot

“A Samaritan.” That follows him who said, a Samaritan is a like full Jew. But for him who says that a Samaritan is like a Gentile, it is not so. As they disagreed20Cf. Demay 3:4, Note 98; Berakhot 7:1, Note 59.: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel said, a Samaritan is like a Jew in every respect. Even if you say, a Samaritan is like a Gentile, why are Samaritans disqualified? Not because of a Gentile and a slave21Since 2K.17, 24ff. clearly states that the settlers from Babylon, Kuta, etc. at the start were idolators; if they intermarried with the remainders of the Israelite populations there, their descendants all acquired the status of descendants of Gentiles (or slaves) from Israelite mothers.? If a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard22This is the argument of R. Joḥanan and R. Simeon ben Laqish in Yebamot 7:6, Note 129; it is rejected there since the child of a Jewish woman from a Gentile, together with her mother, is disqualified from priesthood but not a bastard (Notes 130,131).. But a bastard girl can claim a fine! For restrictions or family relations you consider him a Gentile or a slave who had intercourse with a Jewish woman; the child is a bastard. But for a fine you consider this as a Jew having intercourse with a Gentile woman, in which case the child is a Gentile23The separation from Samaritans is purely one of practice, with no theoretical basis, and disapproved of by the Mishnah. In the Babli, 29b/30a, the argument (attributed to R. Meïr) is rejected, in order not to reward a sinner (the rapist or seducer.).
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Jerusalem Talmud Sanhedrin

Samuel said, if two men acted as judges, their judgment stands, but they are called an insolent court36Babli 3a,5b,30a,87b; Ketubot 22a. Cf. Berakhot 7:1, Note 18.. Rebbi Joḥanan and Rebbi Simeon ben Laqish both are instructing: Even37Even if the parties accepted them as judges. if two men acted as judges, their judgment is no judgment38In the Babli, this opinion is represented by Rava (5b) and R. Abbahu (87b), the student of R. Johanan and R. Simeon ben Laqish.. There, we have stated39Mishnah Bekhorot 4:4. The Mishnah refers to a person who did not pass the required examinations and was not formally qualified as a judge.: “If he rendered judgment, acquitted the guilty and condemned the innocent, declared the pure impure or the impure pure, what he did is done but he has to pay from his own pocket.” Rebbi Abba in the name of Rebbi Abbahu: if they told him, we accept you as if you were two40Since R. Abbahu follows his teachers and holds that any judgment passed by a court of two judges is void, as well as from the following quote, it is clear that one has to read “three” in place of “two”.. What are we dealing with? If his error was that he judged them on his discretion41If there exists no clear precedent for the case; different schools promulgate different rules and he followed a minority opinion because it seemed to him to be the correct one, his judgment is valid but there is no reason why he should have to pay. The Babli, 33a, declares a judgment against a clear majority of opinions as an error in law., then what he did is done. If his error was that he judged them by Torah law42If his judgment contradicted a Mishnah or a clear precedent, in Israel a judgment of the Patriarch’s court or in Babylonia a concurrent judgment of both Yeshivot, his judgment is void (cf. Ketubot 9:2, Note 100). If any money changed hands as a consequence of the erroneous judgment, it has to be returned., why should he pay from his own pocket? Rebbi Abba in the name of Rebbi Abbahu: if they told him, we accept you as if you were three on condition that you judge us by Torah law. He erred and judged them on his discretion. What he did is done, but since he erred and judged them on his discretion, he has to pay from his own pocket43As a fine. because he was presumptuous to judge alone by Torah law, as we have stated44Mishnah Avot 4:8.: “Do not judge sitting alone, for only One judges sitting alone.”
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Jerusalem Talmud Demai

MISHNAH: With demay, one may make eruv192There are two kinds of eruv (“mixing”) on the Sabbath. If many houses open into a common courtyard, in order to carry from the houses to the courtyard it is necessary to turn the courtyard into common property. This is done by putting into the courtyard some food to which all houses contributed. The second kind is “mixing of domains”, explained in Peah, Chapter 8, Note 56., participate193In order to turn a dead-end street into a common domain in which one may carry on the Sabbath, the residents of the courtyards opening into the dead-end street have to participate in giving food for a common meal. Since the rules for the dead-end street are different from those for a courtyard, the word eruv is not used., recite grace194Even if demay wine has not been put in order and one wants to use it for the cup of blessing. If a transgression of a Biblical commandment were involved, using it for a benediction would constitute blasphemy., and recite grace in a group195The longer form of Grace with an additional invocation.. One may separate it while naked196In contrast to separating heave and tithes from certain produce, demay does not require a benediction and no invocation of the Name, and, hence, may be separated while one is naked (Cf. Berakhot Halakhah 8:2). or at twilight197Friday night after sundown when it is still light but possibly already Sabbath. Certain food cannot be put in order then because this would make it usable now when before it was not at the start of the Sabbath. But demay which in any case is food of the poor, may be put in order during twilight (Mishnah Šabbat 2:7).. And if one lifted the Second Tithe before the First, it is also acceptable198For untithed food, lifting the Second Tithe before the First is forbidden; here it is permitted. Maimonides points out that in any case the heave of the tithe must be a full one percent of the original amount.. The oil the weaver puts on his hands200Mishnah Šabbat 2:7: “If it is doubtful whether it is night or not, one does not tithe the certain, one does not immerse vessels (to remove impurity), one does not kindle lights, but one may tithe demay, make an eruv, and cover warm food (to keep it warm for the next morning.)” is obligated for demay, that which the carder puts on wool is free from demay.
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Jerusalem Talmud Demai

Rebbi Taypha the Red97An Amora of the fourth generation, student of R. Abbahu and sometimes mentioned in connection with the Amora R. Yose. in the name of Rebbi Abbahu: Samaritans can be trusted with deposits. Is that not the Mishnah: “With a Samaritan”? Our Mishnah before they became suspect, he comes to tell us even after they became suspect98The Yerushalmi always refers the question whether Samaritans are counted as Jews or as Gentiles to the disagreement between Rabban Simeon ben Gamliel and his son Rebbi, as reported below. However, it is stated in ‘Avodah zarah 5:3, fol. 44d (quoted in Babli Ḥulin 6a) that in the times of Rebbis Ammi, Assi, and Abbahu, Samaritans were found to use Gentile wine (or to adopt Gentile behavior), and from that moment on Samaritans were considered as Gentiles. However it seems from the Yerushalmi that up to the end of the Talmudic period in Galilee, the separation of Jews and Samaritans was not universally accepted. (One also may assume that parts of Jewish Sadducee communities changed to a Samaritan affiliation after the destruction of the Temple.). How is it, should he be trusted to say, I took it and replaced it by other deposits that were put in order? If you believe him in that he took it, you should believe him in what he gave. If you do not believe that he took, do not believe that he gave99In the Tosephta (Demay 4:22), this argument is given in reference to deposits with an am haäreẓ.. You believe a Samaritan that he gave100Grain from another source, but you do not believe him that he exchanged. In the Tosephta (Demay4:24) one reads: “If he says, I took it and replaced it with some that was put in order, one does not worry either about tithes or about the Sabbatical.” and you do not believe that he took. Rebbi Jonah asked: What are we talking about? If he says, they are my own, even an am haäreẓ should not be trusted. If he says, X101A person recognized as a ḥaver. took tithes for me, even the Samaritan should be believed. Rebbi Abba said, explain it according to him who says that a Samaritan is like a Gentile. As they disagreed: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel said, a Samaritan is like a Jew in every respect.
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Jerusalem Talmud Shekalim

“One does not accept from the Non-Jew and the Samaritan.” Rebbi Abba said, explain it125On the face of it, the equation of Samaritans with Gentiles is unintelligible. The baraita shows that up to the time of Rabban Simeon ben Gamliel, Rebbi’s father, the Samaritans were simply Sadducee Jews, the only Sadducee sect to survive after the destruction of the Temple. The Mishnah here reproduces Rebbi’s opinion. The paragraph also is in Berakhot7:1 (Note 59, ב). following him who said, a Samaritan is like a Gentile, as they disagreed: A Samaritan is like a Gentile, the words of Rebbi; Rabban Simeon ben Gamliel says, a Samaritan is like a Jew in all respects.
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Jerusalem Talmud Yevamot

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity243Here starts the discussion of the last sentence in this Mishnah, the assertion of R. Eleazar ben Shamua (in the Babli, R. Eliezer) that for the definition of homosexuality an hermaphrodite is a full male. The position of R. Joḥanan here is an explicit statement of R. Eleazar (ben Shamua) in Tosephta 10:2.. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place244For him, heterosexual intercourse of a male with an hermaphrodite is still homosexuality. In the Babli, 83b, that is the opinion of Rav.. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse245Lev. 18:22. As the Babli explains, on the face of it, the verse seems to support the first opinion of R. Joshua ben Levi, but a second look shows that the prohibition is to lie with a male, i. e., the male aspect of the hermaphrodite.: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me246Babli 84a; there, “the students of R. Eleazar ben Shamua ganged up on him like chickens in a chicken coop.”. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public247The uncommon form לגלע instead of the common לגלות seems so be an Arabism, from جلع “to uncover indecently”. It seems that the teachings of R. Eleazar ben Shamua’s students were esoteric., the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits248If there are 2 children, a hermaphrodite and a daughter, at the death of the father the daughter has a claim on the estate for a dowry but the only heir is the hermaphrodite.
The Babli, 83b, which attributes the Mishnah to R. Eliezer, proves from parallel statements that the hermaphrodite is considered a full male only in respect to homosexuality. In all other respects, it is considered a case of doubt whether he is male or female., he testifies249He can testify formally in cases where a male witness is required (such as the validity of certain legal acts.), his grain offering is burnt completely250The grain offering of a Cohen is burned completely (Lev. 6:16); the grain offering of the daughter of a Cohen is treated like the offering of an Israel and most of it is eaten by the Cohanim in the Temple precinct., one says grace with him as with a male.
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Jerusalem Talmud Demai

It was stated179Tosephta Demai 5:2: “A Gentile who was calling out, ‘come and buy fruits, they are from Azeqa, from an orlah tree, from a vineyard in its fourth year,’ cannot be believed because he intends to advertise. But if he says, ‘I bought them from a certain Gentile,’ he is to be trusted for restrictions, the words of Rebbi. Rabban Simeon ben Gamliel says, he cannot be trusted since the words of a Gentile are irrelevant.”: “A Gentile who was calling out, ‘come and buy fruits from me, they are from an orlah tree180A tree in the first three years after planting, when its fruits are forbidden for all use (Lev. 19:23)., they are from a vineyard in its fourth year181See Peah 7:6.,’ cannot be believed. If he says, ‘I brought them from a certain Gentile,’ he may be trusted for restrictions182He can be believed in that the produce is untithed; he cannot be believed that the produce is not subject to heave and tithes., the words of Rebbi. The Sages say, the words of a Gentile are irrelevant183As far as Jewish religious obligations are concerned..” Rebbi Judan asked, what if he calls out when he is uninformed184If he never heard of Jewish restrictions, or calls out in a place without any Jewish inhabitants. The questions are not answered, so they must be answered in a restrictive sense.? Rebbi Judan asked, what if one holds that a Samaritan is like a Gentile, since they disagreed: “A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel says, a Samaritan is like a Jew in all respects185Cf. Demay 3:4, Berakhot 7:1.”?
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