Yerushalmi Chagigah 3:4 ירושלמי חגיגה ג׳:ד׳

MISHNAH: One is more restrictive for heave in that in Judea one is trustworthy about purity of wine and oil the entire year¹⁴⁴This is a rule for Temple times since, as explained in the Halakhah, wine and oil for use in the Temple had to be brought from Judea. Therefore all farmers in Judea were careful in preserving the purity of oil and wine. but about heave {only} at the time of grape and olive harvest¹⁴⁵Since every farmer wanted to produce his heave in purity.. If the time of grape and olive harvest is passed and he¹⁴⁶The vulgar, negligent in matters of purity. brought him¹⁴⁷The Cohen, observing the rules of purity. a barrel of heave wine he should not accept it but let it stay until the next grape harvest. Only if he said, I put into it a quartarius of sanctum he is trustworthy¹⁴⁸Since the Temple wine makes him observant of the rules of purity.. One is trustworthy about wine and oil barrels used for heave¹⁴⁹Which in Ex. 22:28 is called דמע . at the time of grape and olive harvest and sixty days preceding the grape harvest.

HALAKHAH: “One is more restrictive for heave in that in Judea one is trustworthy.” Rebbi Simon, Rebbi Joshua ben Levi in the name of Rebbi Pedaiah: Because a strip of Samaritans interrupts¹⁵⁰This statement must be late Amoraic, after the exclusion of Samaritans from Judaism according to its rabbinic interpretation (cf. Avodah zarah 3:1 Note 27). The correct version is Rashi’s reading in the Babli: “A strip of Gentile territory”, which is impure in the general impurity of lands outside Jewish Palestine; cf. Dikduke Sopherim Ḥagigah 25a Note 8.. But did we not state¹⁵¹Mishnah Menaḥot 8:3., “the second best is Regev in Transjordan”? Without this would not a strip of Samaritans interrupt¹⁵⁰This statement must be late Amoraic, after the exclusion of Samaritans from Judaism according to its rabbinic interpretation (cf. Avodah zarah 3:1 Note 27). The correct version is Rashi’s reading in the Babli: “A strip of Gentile territory”, which is impure in the general impurity of lands outside Jewish Palestine; cf. Dikduke Sopherim Ḥagigah 25a Note 8.? Rebbi Shammai said, explain it if he brings whole olives¹⁵²Which never were wetted and therefore are impervious to impurity. and pounds them there. And in Judea one is trustworthy about the wine but not about the flasks. Rebbi Simon in the name of Rebbi Joshua ben Levi: A Southerner who said, I brought this from Galilee is trustworthy; a Galilean who said, I brought this from Judea is not trustworthy¹⁵³In both cases the heave is impure unless under control of a trustworthy person..

Rebbi Jeremiah was of the opinion, only heave prepared in the purity of sancta¹⁵⁴Since the Mishnah connects purity of food prepared by the non-observant to the preparation of oil and wine for the Temple, it seems rational to restrict the entire Mishnah to food prepared to Temple standards.. Therefore not in its own. Rebbi Yose said, even if prepared in its own¹⁵⁵If R. Jeremiah were correct, one could not say that the standards of heave are more strict than those of sancta.. A Mishnah disagrees with Rebbi Yose¹⁵⁶Mishnah Taharot 10:3. The Mishnah prescribes that in preparation of the olive and grape harvests one requests the workers, presumed to be vulgars who do not observe the rules of purity in their daily lives, to immerse themselves in a miqweh. For R. Meïr it is enough if the employer leads them to the miqweh, but R. Yose the Tanna requires that he observe their immersion. This clearly means that the workers in olive or wine presses are not presumed to follow strictly the rules of purity.: “He has to watch them until they immersed themselves.” Explain it: not in the time of the olive harvest. Could you say not in the time of the grape harvest¹⁵⁷Olives which remain intact being harvested may be stored and later be pressed but grapes must be pressed immediately after being harvested. Therefore the Mishnah in Taharot which mentions wine-press workers must refer to the time of the grape harvest.? Rebbi Isaac ben Rebbi Eleazar said, if food prepared in purity touched it before three people used it, at the time of olive and grape harvests the food prepared in purity remains pure, not at the time of olive and grape harvests the food prepared in purity becomes impure. Does there exist any clay vessel which is pure and then makes impure¹⁵⁸Since clay utensils cannot be purified other than being broken, it does not make any sense to consider clay olive and grape presses pure one day and impure the next. Mishnaiot Hagigah 3:4 and Taharot10:3 are incompatible.? Are not all these of the same kind? But it must be the following: if food prepared in purity touched it before the time of olive and grape harvests the food prepared in purity remains pure. Does there exist any clay vessel which is impure and then pure? Are not all these of the same kind? But it must be the following: if food prepared in purity touched it when it was full the food prepared in purity remains pure. If he cleared it, the food prepared in purity becomes impure. Does there exist any clay vessel which is pure and then makes impure? Are not all these of the same kind? But it must be the following: if food prepared in purity touched it when it was empty the food prepared in purity becomes impure. If he filled it, the food prepared in purity remains pure. Does there exist any clay vessel which is pure and then makes impure? Are not all these of the same kind¹⁵⁹There is no formulation able to bridge the conceptual contradictions between the two Mishnaiot.?

¹⁶⁰A somewhat fuller version of a text from Eruvin9:4 (Notes 60–69). The implication here is that the Mishnah in Taharot presents a rabbinic restriction. Since this is not a matter of logic, there is no contradiction in the basic legal foundations of both Mishnaiot. Rebbi Joḥanan said, costos, and hollowed squash, and alley, and convert, and vulgar, are restrictive.

Costos as we have stated¹⁶¹Mishnah Uqeṣin 3:5. Costos,-i, f., Greek κόστος, an Oriental aromatic plant., “costos, and cardamon, and important spices,¹⁶²The spices mentioned are not food but may be used as additives in the preparation of food. and benjamin, and asa foetida, and peppers, and safflower cakes, may be bought with tithe money¹⁶³Money dedicated as Second Tithe which may be spent only on pure food or drink in Jerusalem. but do not become impure by impurity of foodstuff, the words of Rebbi Aqiba. Rebbi Joḥanan ben Nuri said, if they may be bought with tithe money they become impure by impurity of foodstuff, and if they do not become impure by impurity of foodstuff they may not be bought with tithe money.” Rebbi Joḥanan said, restrictive¹⁶⁴The Mishnah is stated as an argument, not as a statement, to permit in practice to accept each argument even though this results in two mutually contradictory restrictions.: they become impure by impurity of foodstuff and may not be bought with tithe money.

Hollowed squash as we have stated¹⁶⁵Mishnah Parah 5:3. “Sanctify” means to put some of the ashes of the Red Cow into the water to use it to purify from the impurity of the dead. This water has to be taken from flowing water (Num. 19:17). Since the squash, used as a pot, will absorb of this water, immediately after it has been immersed in flowing water it might be used in the ceremony, but later the water retained in its walls will invalidate new water drawn by the hollowed squash. In the Mishnah, R. Joshua argues that if at the start the squash was acceptable it always should be acceptable, if later it is not acceptable neither should it be at the start (since the point in time when it becomes unacceptable is not well defined.): “A hollowed squash which one immersed in water is suitable for sanctification, and one uses it to sanctify until it becomes impure. Once it is impure one may not use it to sanctify. Rebbi Joshua says, if one uses it to sanctify at the start then also at the end. If one does not use at the end then also not at the start.” Rebbi Joḥanan said, restrictive, one may not sanctify either at the beginning or at the end.

Alley, as we have stated there¹⁶⁶Eruvin Mishnah 9:4. If the beam was in place at the start of the Sabbath, an argument is made that in the alley it closes one may continue to carry on this Sabbath., “or an alley whose beam was removed, etc.” Rebbi Joḥanan said, restrictive, it is forbidden both on this Sabbath and the coming Sabbath.

Proselyte, as it was stated: If a proselyte converted while he had wines, and said, it is clear to me that no libations were made from it, if he made it by himself it is pure for him but impure for others¹⁶⁷As wine prepared by a Non-Jew, cf. Avodah zarah, Chapters 2–5., by others it is impure both for him and for others. Rebbi Aqiba said, if they are pure for him they should be pure for others; if impure for others they should be impure for him. Rebbi Joḥanan said, restrictive, impure for him and for others.

Vulgar, as it was stated: If a vulgar person who was inducted as a fellow¹⁶⁸A fellow is a person observing all rules of purity in the absence of a Temple, cf. Introduction to Tractate Demay. has food made in purity and he said, it is clear to me that it was prepared in purity, if he made it by himself it is pure for him but impure for others, by others it is impure both for him and for others. Rebbi Aqiba said, if they are pure for him they should be pure for others; if impure for others they should be impure for him. Rebbi Joḥanan said, restrictive, impure for him and for others.

Rebbi Yannai said, the youngsters¹⁶⁹The sons of R. Ḥiyya the Elder, Ḥizqiah and Jehudah. Since in the absence of a Temple no ruling is required about the meaning of the Mishnah, none is given. said, only heave prepared in the purity of sancta¹⁵⁴Since the Mishnah connects purity of food prepared by the non-observant to the preparation of oil and wine for the Temple, it seems rational to restrict the entire Mishnah to food prepared to Temple standards.. Therefore not in its own. But I am saying, even if prepared in its own¹⁵⁵If R. Jeremiah were correct, one could not say that the standards of heave are more strict than those of sancta.. Rebbi Yose follows Rebbi Yannai and Rebbi Jeremiah the youngsters.

“Only if he said, I put into it a quartarius of sanctum he is trustworthy¹⁴⁸Since the Temple wine makes him observant of the rules of purity..” Since he is trustworthy for the sanctum he is trustworthy for heave¹⁷⁰Babli 25b..

“One is trustworthy about wine and oil barrels used for heave.” Rebbi Yose ben Rebbi Abun said, those in which one heats heave.