משנה
משנה

תלמוד על עירובין 3:6

Jerusalem Talmud Demai

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.”
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