תלמוד על תרומות 4:7
Jerusalem Talmud Orlah
MISHNAH: Heave, heave of the tithe of demay1All mss. of the Maimonides tradition and many of the better Mishnah mss. read: Heave, heave of the tithe, and heave of the tithe of demay. This text is understood in the Halakhah. By definition of demay, there is no heave of demay. Since both ḥallah and First Fruits are called “heave”, they follow the rules of heave., ḥallah, and First Fruits are lifted by one and 1002Mishnah Terumot 4:7., they combine with one another3If, e. g., heave, heave of the tithe, and ḥallah fell into profane dough, the dough remains permitted for lay people only if the profane was at least 100 times the combined volume of the three “heave” kinds., and one has to remove4Before the mixture is permitted to lay people one has to remove a volume equal to that which fell into the profane and give it to the Cohen under the rules of heave. The first hand of the Leyden ms. has: “One need not remove”.. ‘Orlah and vineyard kilaim are lifted by one and 200, they combine with one another, and one need not remove5Since they are forbidden for any use, they have no owners to which the removed part should be given. It is enough that the forbidden parts are so few that they can be considered non-existent.. Rebbi Simeon says, they do not combine. Rebbi Eliezer6In most Mishnah mss. and the Halakhah: R. Eleazar. This reading is required since he is mentioned after R. Simeon. says they combine in matters of perceiving the taste7As long as the taste of one is recognizable in the other. But if 1/201 ‘orlah and 1/201 vineyard kilaim fall into permitted food everything is permitted since each of the forbidden quantities is less than 1/201 of the remaining material. but not to forbid.
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Jerusalem Talmud Orlah
“And are lifted by one and 100”. How do you treat it, as beginning of separation or end of separation20Does it follow the rules of separation of heave (Terumot Chapter 1) or more lenient ones?? If you say as beginning of separation, no minor may lift21Mishnah Terumot 1:1., no unrelated person may lift21Mishnah Terumot 1:1., and it does not push away the Sabbath22Mishnah Šabbat 2:6.. If you treat it as end of separation, a minor may lift, an unrelated person may lift, and it does push away the Sabbath. There we have stated23Mishnah Šabbat 21:1. In Tosephta Šabbat 15:5, but not in the quote Babli Šabbat 142b, this is an anonymous statement.: “Rebbi Jehudah says, also one may lift dema‘ by one in a hundred.” On that, it was stated24Tosephta Šabbat 15:5. There, and in the quote of the Tosephta in the Babli Šabbat 142b, the clause “if he wishes” is missing. In that version, R. Simeon ben Eleazar forbids lifting heave from dema‘ on the Sabbath except by mentally designating the part where the heave has to be lifted and eating the remainder, leaving the actual lifting to the time after the Sabbath.: “Rebbi Simeon ben Eleazar says, if he wishes he earmarks part of it and eats the remainder.” Rebbi Jonah said, Rebbi Judah treated it as end of separation and Rebbi Simeon ben Eleazar treated it as beginning of separation25He holds with the Babli that R. Simeon ben Eleazar is restrictive where R. Jehudah is permissive.. Rebbi Yose said, even Rebbi Simeon ben Eleazar treated it as end of separation26He reads the Yerushalmi text of the Tosephta as not prescriptive.. Does not Rebbi Simeon ben Eleazar agree that it is forbidden to do so with certain [produce]27Since untithed produce is not legally edible, it cannot be used on the Sabbath and cannot be made usable on the Sabbath.? How is that? He should never do it on the Sabbath the way he does it on a weekday28R. Simeon ben Eleazar does not disagree with R. Jehudah. R. Jehudah does not tell how dema‘ can be lifted on the Sabbath; R. Simeon suggests a way in which it can be done legally..
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Jerusalem Talmud Orlah
There, we have stated29Mishnah Terumot 4:7, Note 62.: “Rebbi Eliezer says, heave is lifted at the rate of one in 100. Rebbi Joshua says by 100 and more.” There30Pesaḥim 3:3 (fol. 30b); Ta‘aniot2:14 (fol. 66a), both in the name of Rebbi Ḥizqiah. In the Babli, the statement is anonymous (Avodah Zarah7a, Yebamot 42b)., [Rebbi] Ḥizqiah, Rebbi Abbahu said in the name of Rebbi Eleazar, everywhere where Rebbi taught a disagreement and returned to the problem later and taught it anonymously, practice follows the anonymous opinion. Since we have stated: “A seah of heave which fell into 100” and Rebbi Eleazar said, one cannot say “into 100” but “into 99.” As we have stated, Rebbi Eliezer and Rebbi Joshua31Usually, practice follows R. Joshua against R. Eliezer. Since R. Eleazar requires only 99+1 = 100, he follows R. Eliezer who is supported by the anonymous Mishnah here..
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Jerusalem Talmud Kilayim
Rebbi Jonah asked: Why do we say: “No linear measurements stated by the Sages require ‘more’ except an interrupted trellis?” Did we not state56Mishnah Menaḥot 7:2: “The flour sacrifice of a Nazir came in two parts, loaves and flatbreads, but no paste (from flour and oil). It turns out that these are 10 Jerusalem qab which equal six esronim and excess.” Mishnah 7:1 had stated that the three kinds of bread for a thanksgiving sacrifice came from 10 esronim which were 15 Jerusalem qab. Hence, the breads of the Nazir are 6⅔ esronim. The “excess” (in the Hebrew, an otherwise nonexisting plural of “more”) is ⅔ issaron. We use the expression “more” in a domain other than vineyards.: “Ten Jerusalem qab which equal six esronim and excess”? There about volumes, here about linear measures. But did we not state57Mishnah Terumot 4:7: “R. Eliezer says, heave can be lifted by one in 101. Rebbi Joshua says, by one in more than 100; that ‘more’ has no measure. Rebbi Yose ben Meshullam said, ‘more’ is a qab per one hundred seah, a sixth of the amount that causes dema‘”. Dema‘, the mixture of profane food and heave, was discussed in Demay, Chapter 4, Note 27. If the amount of heave is small, it is possible to remove an amount equal to the heave and transfer the holiness to that food; the remainder of the food then returns to profane status. R. Eliezer states that in this respect “small” means at most 1 in 100 (1 part heave in 101 overall). R. Joshua requires that the amount be at most 1 in 99+ε; ε >0 being arbitrarily small. R. Yose ben Meshullam requires that the amount of heave be at most 1 in 99.1666̄; if the amount of heave is one seah, the amount of profane grain has to be 99 seah plus one sixth oí the amount causing the trouble, i. e., 99 ⅙ seah. {In Babli Eruvin 83a, “and more” is defined as one twentyfourth of the volume of an egg.}: “Rebbi Yose ben Meshullam said, ‘more’ is a qab per one hundred seah, a sixth of the amount that causes dema‘”? There about volumes, here about linear measures. But did we not state58Mishnah Eruvin 2:5: “Additionally, R. Jehudah ben Baba said, one may carry (on the Sabbath) in a garden or a corral which measure seventy and a remainder by seventy and a remainder and are enclosed by a fence ten hand-breadths high on condition that they contain a watchman’s place.” On the Sabbath, one may carry his utensils in his house and in any enclosed space containing a human dwelling. Enclosed spaces no part of which is used as a human dwelling, such as vegetable plots and corrals, are accepted as private domain only if their surface area is not more that 5000 square cubits, the surface area of the enclosed space of the tabernacle (cf. Peah Chapter 2, Note 31). Since √5000 = 70.71068, R. Jehudah ben Baba’s remainder is 0.71068 cubits, a linear measure.: “Rebbi Jehudah ben Baba said, the garden and the corral which are seventy and a remainder by seventy and a remainder”? Samuel said, they taught two thirds of a cubit59Samuel notes that for non-mathematicians the domain is limited to 70 cubits 4 hand-breadths square, 70.666̄ cubits square. The excess over 70 is a genuine remainder, less than one cubit, but it is not a “more” which by definition can be at most one hand-breadth, the smallest unit of length accepted in these tractates of the Mishnah..
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