Mishnah
Mishnah

Talmud for Sanhedrin 10:6

וְאֶת כָּל שְׁלָלָהּ תִּקְבֹּץ אֶל תּוֹךְ רְחֹבָהּ וְגוֹ' (דברים יג). אִם אֵין לָהּ רְחוֹב, עוֹשִׂין לָהּ רְחוֹב. הָיָה רְחוֹבָהּ חוּצָה לָהּ, כּוֹנְסִין אוֹתוֹ לְתוֹכָהּ. וְשָׂרַפְתָּ בָאֵשׁ אֶת הָעִיר וְאֶת כָּל שְׁלָלָהּ כָּלִיל לַה' אֱלֹהֶיךָ (שם). שְׁלָלָהּ, וְלֹא שְׁלַל שָׁמָיִם. מִכָּאן אָמְרוּ, הַהֶקְדֵּשׁוֹת שֶׁבָּהּ יִפָּדוּ, וּתְרוּמוֹת יֵרָקְבוּ, מַעֲשֵׂר שֵׁנִי וְכִתְבֵי הַקֹּדֶשׁ יִגָּנֵזוּ. כָּלִיל לַה' אֱלֹהֶיךָ, אָמַר רַבִּי שִׁמְעוֹן, אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא, אִם אַתֶּם עוֹשִׂים דִּין בְּעִיר הַנִּדַּחַת, מַעֲלֶה אֲנִי עֲלֵיכֶם כְּאִלּוּ אַתֶּם מַעֲלִין עוֹלָה כָלִיל לְפָנָי. וְהָיְתָה תֵּל עוֹלָם לֹא תִבָּנֶה עוֹד (דברים יג), לֹא תֵעָשֶׂה אֲפִלּוּ גַנּוֹת וּפַרְדֵּסִים, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי. רַבִּי עֲקִיבָא אוֹמֵר, לֹא תִבָּנֶה עוֹד, לִכְמוֹ שֶׁהָיְתָה אֵינָהּ נִבְנֵית, אֲבָל נַעֲשֵׂית הִיא גַּנּוֹת וּפַרְדֵּסִים. וְלֹא יִדְבַּק בְּיָדְךָ מְאוּמָה מִן הַחֵרֶם (שם), שֶׁכָּל זְמַן שֶׁהָרְשָׁעִים בָּעוֹלָם, חֲרוֹן אַף בָּעוֹלָם. אָבְדוּ רְשָׁעִים מִן הָעוֹלָם, נִסְתַּלֵּק חֲרוֹן אַף מִן הָעוֹלָם:

As it is written (Deuteronomy 13:17): "And all of its spoil you shall gather into its square, etc." If it has no square, a square is made for it. If its square were outside it, [i.e., if the gathering place of the men of the city were outside it], it is moved inside it. (Ibid.): "And you shall burn with fire the city and all its spoil, entirely, for the L rd your G d": "its spoil," and not the spoil of Heaven — whence it was ruled: Its consecrated objects are to be redeemed [That is, they are not burned, but they require redemption like all consecrated objects.], its terumoth are to be left to spoil. [The Gemara construes this as an instance of terumah in the hand of a Cohein, in which instance it is the property of the Cohein and is subject to the interdict of a condemned city. However, the terumoth were not burned, as the rest of its spoil was, not being demeaned to this extent. For this reason they were left to spoil. And terumah in the hand of an Israelite is "the spoil of Heaven" and is given to a Cohein in a different city.] Its second-tithe and its holy writings are to be secreted. [("second-tithe":) Even though it is the property of the Israelite, to be eaten by him, since it is called "holy," it is not burned but secreted.] (Ibid.): "entirely, for the L rd your G d." R. Shimon says: The Holy One Blessed be He said: If you execute judgment against a condemned city, I shall account it to you as if you sacrificed a burnt-offering "entirely" before Me. "And it shall be a heap for ever; it shall not be built again." Even gardens and orchards (may not be planted there). ["again," connoting "completely"] R. Akiva says: "It shall not be built again": It may not be restored to its original state, [with habitations], but gardens and orchards may be planted there. [The halachah is in accordance with R. Akiva.] (Ibid. 18): "And let there adhere to your hand naught from the spoil." For so long as the wicked are in the world, wrath is in the world; when the wicked go lost from the world, wrath departs from the world.

Jerusalem Talmud Sheviit

There, we have stated87Mishnah Sanhedrin 3:6. The Mishnah gives a list of people whose testimony cannot be trusted in court: Gamblers, usurers, organizers of animal fights, and traders in Sabbatical produce. R. Jehudah says, these are unacceptable as witnesses (since they will sin for monetary gain and, therefore, are open to bribery) only if they make their living from these activities, not if gambling, etc., is done only on the side. The entire discussion appears word by word in Sanhedrin 3:6, fol. 21a–b.: “Rebbi Jehudah said, when is that? If he has no other, different profession. But if he has another, different profession it is permitted.” How is this implemented? If he was sitting idle all the years of the sabbatical cycle but when the Sabbatical began he became active and traded in forbidden produce, if he has another profession on the side he is acceptable, otherwise he is unacceptable. But if he was working in his profession all the years of the sabbatical cycle and when the Sabbatical began he became active and traded in forbidden produce, even if he has no other profession on the side he is permitted. Rebbi Abba bar Zavda, Rebbi Abbahu in the name of Rebbi Eleazar: Practice follows Rebbi Jehudah of our Mishnah. Rebbi Abba bar Zavda was publicly praised for presenting a tradition in the name of a younger person. It was stated88In Sanhedrin, “R. Ḥiyya stated”.: Rebbi Jehudah is restrictive. How is this implemented? If he was working in his profession all the years of the sabbatical cycles but when the Sabbatical began he became active and traded in forbidden produce, if he has another profession on the side he is permitted, otherwise he is forbidden. (But if he was working in his profession all the years of the sabbatical cycles and when the Sabbatical began he became active and traded in forbidden produce, even if he has no other profession on the side he is forbidden.)89The text in parentheses is missing in Sanhedrin and in the quotes of this paragraph by Maimonides, R. Simson, and R. Isaac Simponti. It is dittography and should be disregarded. With this we are not concerned. Rebbi Abba bar Zavda, Rebbi Abbahu in the name of Rebbi Eleazar90Even though the Babli holds (in the name of the first generation R. Joshua ben Levi) that all statements of R. Jehudah in the Mishnah which start with אימתי are explanations of the anonymous text, not disagreements, and are always practice to be followed (Sanhedrin 24b, Erubin 81b–82a); the Babli (Sanhedrin 26b) states explicitly in the name of R. Abbahu and R. Eleazar that practice follows R. Jehudah. One has to take that as an echo of the discussion in the Yerushalmi.: Practice follows Rebbi Jehudah of our Mishnah. Rebbi Abba bar Zavda was publicly praised for presenting a tradition in the name of a younger person. Here also should it be so91Do the restrictive rules of R. Jehudah effectively apply to dealers in Sabbatical produce? R. Yannai permitted growing crops in the Sabbatical (Halakha 4:2) because of the tax burden on farmers; the tannaitic rules cannot be enforced as long as the tax is collected whether there is a crop or not.? Rebbi Yose ben Rebbi Abun said, there the government is not oppressive, here the government is oppressive.
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