Talmud for Eruvin 3:13

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 eat¹⁴Everybody agrees that the sanctity of Sabbath is greater than the sanctity of holidays and that the sanctity of the Biblical first day of holidays is greater than that of the rabbinic second day of the diaspora. Here the question is whether these different degrees of sanctity fit together smoothly or whether there is a clean break between them even if that break has no temporal extension. The problem is discussed in Erubin 3, fol. 21b, and Yom Tov 1:1, fol. 60a, Babli Erubin 38a–39a, in connection with eruv teḥumin as explained in Peah, Chapter Eight, Note 56. The question is now whether one may make one eruv for the Sabbath and another one for another direction for the Sunday following which is a holiday. If the sanctities fit together smoothly, this is not possible. If there is a clean break, it is possible.. Even according to him who says that they are two sanctities, he may eat as long as there was no possibility to tithe between them¹⁵Even if it is possible to have two eruvin, it certainly is not possible to tithe. Hence, there is no legal “nightfall after the Sabbath” as envisaged by the Mishnah.. It was stated¹⁶Tosephta Demay 5:1.: “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 included¹⁷One cannot extend the validity of the query of an untrustworthy person beyond the original intent.. Rebbi Mana said, the words of the rabbis support Rebbi Jonah, my father, since we have stated there¹⁸Mishnah 4:4: If an am haäreẓ declares that under the penalties of breaking a vow he will have no relations with the other person, a ḥaver, unless that other person comes to his house to eat with him on the Sabbath but the ḥaver does not trust the am haäreẓ with the tithes, the ḥaver may eat at am haäreẓ’s the place the first Sabbath even though he is not trustworthy for tithes, on condition that he tell him that all is tithed. On the second Sabbath, even though he makes a vow to abstain from all benefit from him, he shall not eat until he tithed. {Since tithing must be done before the Sabbath, it seems that the question also must be asked before the Sabbath.} This somewhat contrasts with Mishnah 7:1: “One who is invited by a person whom he does not trust with tithes says on Friday afternoon: Anything that I shall in the future separate for what I am going to eat shall be First and Second Tithes. The First Tithe shall become the heave of the tithe and the Second Tithe shall be redeemed with coins.” Hence, it is possible to tithe mentally under the right circumstances. In the case of a holiday following a Sabbath, if one is mentally prepared, one may transfer the permission of Sabbath to the holiday.: “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 marriage¹⁹πρωτογαμία, ἡ, Greek word in a Latin inscription from Carthage, “the Jewish celebration of the preliminary marriage” (cf. Peah, Chapter 6, Note 46). A big meal was given for the community on the Sabbath preceding קידושין and not to appear would have been an insult to the families of the young couple. The invited guest could retroactively tithe what he ate, according to Mishnah 7:1. If he forgot, he could rely on the assertion of the untrustworthy.
In medieval Germany, the festivity was called spinholz (from Italian sposalizio). 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)²⁰Since he already knew on Friday that he had to attend.? Nevertheless, he²¹R. Joḥanan said, if it were not necessary for peace in the community, the rabbis would not have permitted to accept the word of an untrustworthy person. Similarly, the permission to use on holidays the assertion of tithes by an untrustworthy person given on the Sabbath must be restricted to food also intended for the Sabbath. only said “because of hatred.”

Rebbi Ḥinena said, everything they made dependent on usage. There were acacia trees in Migdal Sevaya³⁵Since by a Galilean tradition the Tabernacle was built in the desert from perfect logs of acacia wood (Mimosa nilotica L.) cut for this purpose by Jacob and his sons when they travelled to Egypt [Gen. rabba 94(4).]. They came and asked Rebbi Ḥanania, the colleague of the rabbis, may one use them for work? He told them, since your ancestors used to treat them as forbidden, do not change the usage of your deceased ancestors. Rebbi Eleazar in the name of Rebbi Abbin^19,In the other sources: Abun.³⁶Even though all three sources have R. Eleazar in the name of ... , it must be ... in the name of R. Eleazar.. In any case which is permitted but in error he treats it as forbidden, if he asks they will permit him. But in any case where he knows that it is permitted but he has the usage to treat it as forbidden, if he asks they will not permit him³⁷Since he intentionally accepted an unnecessary stringency, it has the status of a vow..

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated¹³²Tosephta 4:4; Babli Ketubot 73b.: “In all these cases, if they had intercourse they acquired¹³³The invalid marriage was validated retroactively by the couple living together.. Rebbi Simeon [ben]¹³⁴Reading of the parallel sources. The ms. tradition of the names in the mss. of the Babli is varied and quite uncertain. Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire¹³⁵In the Babylonian sources (Note 132): Did not acquire. Probably the text here should not be emended. since his intercourse was predicated on the preceding preliminary marriage.¹³⁶Since preliminary marriage is a formal act of acquisition, it needs intention of the acquirer. If there is no intention because the acquirer wrongly thought that he already had acquired, there is no acquisition. This is the reasoning behind the Babylonian statements.” What did they acquire¹³⁷Since the argument of R. Simeon is based on generally accepted principles, it is difficult to see what he understands by “acquiring”.? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions¹³⁸A single woman can be married to any man not forbidden to her by incest prohibitions. A married woman cannot be married by any other man; if another man gives her a gift for preliminary marriage and she accepts it, these actions have no consequence whatsoever in law. But a woman preliminarily married for restrictions is not married in this sense. As explained later in the Halakhah, if another man performs preliminary marriage with her, his action is potentially valid in law; the woman is forbidden to both men until at least one of them validly divorces her. But for the anonymous Tanna the marriage is unconditionally validated by intercourse.. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action¹³⁹If the preliminary marriage was performed unconditionally and then the husband added a condition, that condition is invalid, as stated later. But in marriage law, the condition is considered valid if it causes any trouble., she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”¹⁴⁰Mishnah Baba meṣi‘a 7:14. In contract law, an action already completed cannot retroactively be made conditional. If someone marrieda woman and after the fact declares that the marriage shall be valid only if she will support him, the marriage is valid but she has no obligation to support her husband.? This does not follow Rebbi Simeon¹⁴¹Since (Note 139) he accepts legal consequences of conditions attached after the act.. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.¹⁴²One has to wonder why this marriage should not be invalidated as an idolatrous act or at least as rainmaking by sympathetic magic.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan¹⁴³Which is invalid for R. Meïr, cf. Note 62. It is decided here that a preliminary marriage for which nothing of value changes hands is valid only as a restriction (Note 138). for restrictions, for real estate it was not acquired¹⁴⁴If a debt be liquidated by handing over real estate without a contract, the deal is invalid., for movables one does not deliver him to “Him Who exacted retribution.¹⁴⁵Cf. Chapter 1, Note 106. A contract for sale of movables for which no money changes hands and no action of acquisition is performed is unenforceable. (The entire statement with slight variations is quoted in Sefer Ha‘iṭṭur 1, לח b, Note 6.)” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.¹⁴⁶This refers to Mishnah Baba meṣi‘a 5:1: A person made a contract for later delivery of grain at the then going rate of 25 denars a kur (30 se‘ah). The buyer demanded delivery when the going rate was 30 denars a kur, in order to sell the grain and invest the proceeds in wine. The seller told him that he was ready to take the grain at 30 denars and to give him wine instead. If the seller actually has the wine, this is a valid deal. But if the seller has no wine at that moment, the deal would be an illegal circumvention of the prohibition of interest payments.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not)¹⁴⁷It seems best to delete this word. The emendation of the standard commentaries, to read שלח for שלא does not make sense since שלח אמר “he sent (by letter) said (in person)” is a contradiction in terms. say there¹⁴⁸“There” usually refers to Babylonia.: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency¹⁴⁹They considered preliminary marriage by cancellation of a debt as invalid. R. Samuel ben Rav Isaac gave them a handle to validate the marriage.? Rebbi Yose ben Rebbi Abun said, they were lenient in practice¹⁵⁰They considered preliminary marriage by cancellation of a debt as valid. R. Samuel ben Rav Isaac instructed them to consider the marriage only probationary; if another man interferred between preliminary and definitive marriages, a bill of divorce would be required from at least one of the men involved. and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery¹⁵¹This is the same statement as the preceding. In a case where it is doubtful whether a woman is married and therefore immune to all proposals of marriage by another man, or is not married and open to such proposals, one has to decide that she might be open to proposals and eventually require bills of divorce from all parties involved..

¹³²The text is also in Qiddušin 3:2 (63d 1. 20), readings noted ק. The contract text is also in Erubin 3 (21b 1. 20), noted ע. Rebbi Abbahu in the name of Rebbi Joḥanan: The following is the contract text¹³³Greek τὸ σύμφωνον “(written) agreement”. In general, a preliminary marriage was concluded by an act of the male, with passive acceptance by the female. Since a preliminary marriage can also be effected by contract (Mishnah Qiddušin 1:1), in certain circles in Galilee this was the preferred course of action (it is not mentioned in the Babli.) The main attraction of the contractual marriage for the woman was that it provided insurance against foot-dragging by the groom (cf. Mishnah Ketubot 13:5).: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A anddefinitively marry you by day B. If that day should pass without me having taken you in¹³⁴The translation follows the parallel texts in Qiddušin and Erubin. The text here would read: “but not transfer real estate to you”., I shall have no claim on you¹³⁵The preliminary marriage is conditional. If the condition is not satisfied, the marriage is non-existent and the woman may marry another man without needing a bill of divorce from the first. She may even marry a Cohen, which would be impossible if the first preliminary marriage had been valid..” If anything intervened beyond his control? Rebbi Joḥanan said, matters beyond his control are as if he were inactive¹³⁶The condition is absolute. If the definitive marriage did not take place before the contracted date, the preliminary marriage is annulled.. Rebbi Simeon ben Laqish said, matters outside his control are as if he had acted¹³⁷If the only reason that the definitive marriage did not take place were circumstances beyond the groom’s control, the preliminary marriage is not annulled.. In the opinion of Rebbi Simeon ben Laqish, what would be necessary? “If that day should pass without you having taken me in, I shall have no claim on you.¹³⁸The condition has to be formulated not for the male, who actively has to take the woman in and therefore can claim unavoidable circumstances, but for the passive female. Since the contract is σύμφωνον, a mutual agreement, she gives her passive acceptance of the preliminary marriage only on condition that she be definitively married by a fixed date. If she refuses her agreement, no preliminary marriage is possible and no bill of divorce due.” When Rebbi Joḥanan was dying, he told his daughters to act following Rebbi Simeon ben Laqish. He said, maybe in the future there might be a court which follows him; then his descendants might be in danger of bastardy¹³⁹If a woman contracts a preliminary marriage by the terms of R. Joḥanan’s formulation of the contract and is not married by the time specified because of unavoidable circumstances, and then contracts another marriage without a bill of divorce in the domain of jurisdiction of a court following R. Simeon ben Laqish, her children from the second marriage will be illegitimate if the first groom claims her as his wife..

It is written: “The Cohen takes the cooked fore-leg of the ram.²²⁶Num. 6:19” If cooked, I could think separately²²⁷Since the fore-leg becomes the property of the Cohen and will be forbidden to lay people, its holiness is greater than the remainder of the well-being offering which is consumed by the nazir and his family. The obvious question is whether it is permissible to cook meat of different degrees of holiness together, which is answered in the following paragraphs.. The verse says, “from the ram”. How is this? He cuts it off so that only a barley grain’s width remains. Does not the sanctified absorb from the profane, or the profane from the sanctified?²²⁸The question is answered in the following paragraphs which are paralleled in ‘Orlah 1:4, Notes 137–154. The readings from there are noted ע..