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1:5:1

משנה: הַעִיגוּל מִשֶּׁיַּחֲלִיקֶינּוּ. מַחֲלִיקִין בִּתְאֵינִים וּבָעֲנָבִים שֶׁל טֵבֵל. רִבִּי יְהוּדָה אוֹסֵר. הַמַּחֲלִיק בָּעֲנָבִים לֹא הוּכְשַׁר. רִבִּי יְהוּדָה אוֹמֵר הוּכְשַׁר. וּגְרוֹגְרוֹת מִשֶּׁיִּדּוֹשׁ וּמְגוֹרָה מִשֶּׁיְעַגֵּל. הָיָה דָשׁ בֶּחָבִית וּמְעַגֵּל בַּמְּגוֹרָה נִשְׁבְּרָה הֶחָבִית וְנִפְתְּחָה הַמְּגוֹרָה לֹא יֹאכַל מִמֶּנּוּ עֲרַאי. רִבִּי יוֹסֵי מַתִּיר.

MISHNAH: The round fig cake when he smoothes it180Maimonides translates by Arabic ימלּסה “he polishes it”, by rubbing with the palm of his hand. For the anonymous Tanna, the obligation of tithes starts with the beginning of the polishing action.. One may smoothe ṭevel figs and grapes, Rebbi Jehudah forbids it181Since polishing is done by squeezing some juice out of the fruit, R. Jehudah considers this to be commercial use of the juice which requires prior taking of the heave.. If one smoothes grapes they are not prepared182Prepared for impurity of food-stuffs, cf. Demay Chapter 2, Note 141. Wine is one of the fluids preparing for impurity. R. Jehudah considers the juice pressed out from grapes or raisins as wine; the anonymous Tanna considers it as useless fluid (Maimonides) or as food, not juice (R. Ḥananel).; Rebbi Jehudah says, they are prepared. Dried figs when he presses them and in a bin if he planes with a roller. If, while he presses in an amphora or planes in a bin, the amphora broke or the bin collapsed, he may not eat from the contents as a snack183Without tithing since by starting he activated the obligation of heave and tithes., but Rebbi Yose permits it.

MISHNAH: The round fig cake when he smoothes it180Maimonides translates by Arabic ימלּסה “he polishes it”, by rubbing with the palm of his hand. For the anonymous Tanna, the obligation of tithes starts with the beginning of the polishing action.. One may smoothe ṭevel figs and grapes, Rebbi Jehudah forbids it181Since polishing is done by squeezing some juice out of the fruit, R. Jehudah considers this to be commercial use of the juice which requires prior taking of the heave.. If one smoothes grapes they are not prepared182Prepared for impurity of food-stuffs, cf. Demay Chapter 2, Note 141. Wine is one of the fluids preparing for impurity. R. Jehudah considers the juice pressed out from grapes or raisins as wine; the anonymous Tanna considers it as useless fluid (Maimonides) or as food, not juice (R. Ḥananel).; Rebbi Jehudah says, they are prepared. Dried figs when he presses them and in a bin if he planes with a roller. If, while he presses in an amphora or planes in a bin, the amphora broke or the bin collapsed, he may not eat from the contents as a snack183Without tithing since by starting he activated the obligation of heave and tithes., but Rebbi Yose permits it.

1:5:2

הלכה: חֲנַנְיָה בְּרֵיהּ דְּרִבִּי יָסָא אָמַר מַה פְלִיגִין רִבִּי יוּדָה וְרַבָּנִין בְּטֵבֵל שֶׁנִּטְבַּל מִדִּבְרֵיהֶן. אֲבָל טֵבֵל שֶׁנִּטְבַּל דְּבַר תּוֹרָה אוּף רַבָּנִין מוֹדֵיי.

HALAKHAH: Ḥananiah the son of Rebbi Yasa said, where do Rebbi Jehudah and the rabbis disagree184That working on ṭevel produce should be permitted.? If it is ṭevel by their words185All the cases discussed in later chapters which trigger the duty of heave and tithes when the harvest is not yet stored when the biblical obligation starts; cf. Note 115.. But for ṭevel by biblical decree, the rabbis also will agree.

HALAKHAH: Ḥananiah the son of Rebbi Yasa said, where do Rebbi Jehudah and the rabbis disagree184That working on ṭevel produce should be permitted.? If it is ṭevel by their words185All the cases discussed in later chapters which trigger the duty of heave and tithes when the harvest is not yet stored when the biblical obligation starts; cf. Note 115.. But for ṭevel by biblical decree, the rabbis also will agree.

1:5:3

רִבִּי מָנָא אָמַר לֵיהּ סְתָם. רִבִּי אָבוּן בְּשֵׁם רִבִּי יוֹחָנָן רִבִּי יוּדָן כְּדַעְתֵּיהּ וְרַבָּנִין כְּדַעְתּוֹן דְּתַנֵּי זַיִת שֶׁפִּיצְּעוֹ בְיָדַיִם מְסוֹאֲבוֹת לֹא הוּכְשְׁרוּ. לְסוֹפְגָן בְּמֶלַח הוּכְשְׁרוּ. לֵידַע אִם יֵשׁ בּוֹ מַיִם לֹא הוּכְשְׁרוּ. רִבִּי יוּדָן אָמַר הוּכְשְׁרוּ. רַבָּנִין אָמְרִין בְּמֵימָיו הוּא בוֹדֵק. רִבִּי יוּדָה אוֹמֵר בְּגוּפוֹ הוּא בוֹדֵק. וְהָכָא רַבָּנִין אָמְרִין בְּמֵימָיו הוּא מַחֲלִיק. רִבִּי יוּדָה בְּשֶׁיֵּשׁ שֶׁלּוֹ מַחֲלִיק.

Rebbi Mana said it without attribution, Rebbi Abun [said it] in the name of Rebbi Joḥanan: Rebbi Jehudah stays with his opinion, the rabbis stay with their opinion186In the second part of the Mishnah, polishing raisin cakes., as we have stated187Tosephta Ṭahorot 10:11, Babli Šabbat 145a.: “Olives which somebody crushed with impure hands are not prepared188In the Babli: “prepared.” While olive oil is one of the fluids which prepare for impurity, for the Tannaїm of Yerushalmi and Tosephta the sap which oozes out of the broken olives is not oil and is discarded. For the Tanna of the Babli, breaking olives before pressing produces virgin oil. For unclean hands, cf. Demay Chapter 2, Note 136., to let them soak up salt they are prepared189In the Babli: “not prepared.” For Yerushalmi and Tosephta, the wetness of the olives is desirable since salt will not dissolve and enter the olives when they are completely dry. In addition, it is asserted that in this case the fluid has the status of oil since pickled olives are eaten for their oil., to know whether they contain sap they are not prepared; Rebbi Jehudah says they are prepared190The three sources all have different formulations but they agree that checking whether the olives already contain oil does not turn the sap into oil since it is not collected, but for R. Jehudah it is oil. Similarly, the grape fluid used to glaze the raisin cake is not wine for the anonymous Tanna but is wine for R. Jehudah..” The rabbis say, he checks their sap. Rebbi Jehudah says, he checks their body. Here, the rabbis say he polishes with their sap, Rebbi Jehudah says, he polishes with what he has.

Rebbi Mana said it without attribution, Rebbi Abun [said it] in the name of Rebbi Joḥanan: Rebbi Jehudah stays with his opinion, the rabbis stay with their opinion186In the second part of the Mishnah, polishing raisin cakes., as we have stated187Tosephta Ṭahorot 10:11, Babli Šabbat 145a.: “Olives which somebody crushed with impure hands are not prepared188In the Babli: “prepared.” While olive oil is one of the fluids which prepare for impurity, for the Tannaїm of Yerushalmi and Tosephta the sap which oozes out of the broken olives is not oil and is discarded. For the Tanna of the Babli, breaking olives before pressing produces virgin oil. For unclean hands, cf. Demay Chapter 2, Note 136., to let them soak up salt they are prepared189In the Babli: “not prepared.” For Yerushalmi and Tosephta, the wetness of the olives is desirable since salt will not dissolve and enter the olives when they are completely dry. In addition, it is asserted that in this case the fluid has the status of oil since pickled olives are eaten for their oil., to know whether they contain sap they are not prepared; Rebbi Jehudah says they are prepared190The three sources all have different formulations but they agree that checking whether the olives already contain oil does not turn the sap into oil since it is not collected, but for R. Jehudah it is oil. Similarly, the grape fluid used to glaze the raisin cake is not wine for the anonymous Tanna but is wine for R. Jehudah..” The rabbis say, he checks their sap. Rebbi Jehudah says, he checks their body. Here, the rabbis say he polishes with their sap, Rebbi Jehudah says, he polishes with what he has.

1:5:4

רִבִּי אָמַר לְרִבִּי שִׁמְעוֹן בְּרֵיהּ עֲלֵה וְהָבֵא לָנוּ גְּרוֹגְרוֹת מִן הֶחָבִית. אָמַר לֵיהּ וְאֵינוֹ אָסוּר מִשּׁוּם מוּקְצֶה. אָמַר לֵיהּ וַאֲדַיִין אַתְּ לְזוֹ אֵין לָךְ אָסוּר מִשּׁוּם מוּקְצֶה אֶלָּא תְאֵנִים וַעֲנָבִים בִּלְבַד. אָמַר רִבִּי שְׁמוּאֵל בַּר סִיסָרְטַאי מִפְּנֵי שֶׁהֵן מַסְרִיחוֹת בֵּנְתַּיִים. רִבִּי זְעִירָא בָּעָא קוֹמֵי רִבִּי יָסָא לֹא מִסְתַּבְּרָא בְּאִילֵּין פְּצוּלַיָיה הֲוָה עוּבְדָא. אָמַר לֵיהּ אוּף אֲנָא סָבַר כֵּן. אָתָא רִבִּי יוֹסֵי בֵּירִבִּי בּוּן רִבִּי יִצְחָק בַּר בִּיסְנָא בְשֵׁם רִבִּי יוֹחָנָן בְּאִילֵּין פְּצוּלַיָיא הֲוָה עוּבְדָא.

192The main place of this and the following paragraphs is Beẓah 4:1, fol. 62b. Rebbi said to his son Rebbi Simeon, climb up and bring us dried figs from the barrel. He said to him, is it not forbidden because of muqzeh84This is the place where cut-up (קצה) figs are left to ferment to be made into fig cakes. {Since during the fermentation process the figs are inedible, the term muqẓeh is transferred (regarding the rules of Sabbath and holidays) to denote anything unusable which, therefore, may not be moved on the Sabbath or the holiday.}? He retorted, are you still holding that? Nothing but figs and grapes can be forbidden because of muqzeh193In the Babli (Šabbat 45a) this is a statement of Samuel in the tradition of R. Simeon ben Ioḥai.! Rebbi Samuel bar Sisarta: Because they stink in between. Rebbi Zeїra asked before Rebbi Assi: Is it not reasonable to hold that the case involved split dates194Since Rebbi asked his son “to climb up”, the dried figs were still on the roof, the usual drying place for figs. Since the status of these figs was not checked before the holiday began, it is not clear whether it was known before the start of the Sabbath that the dried figs already had reached a state in which they were edible before the start of the holiday. But unripe (or never ripe) dates which are spread out on the roof to mature and become sweet never pass through a phase during which they are inedible. They would be a prime example for food left to dry which is never muqzeh.
In the Babli (loc.cit.) Rebbi Simeon ben Rebbi is quoted asking Rebbi about the status of פצעילי, which are identical with פצילייא here.
? He said to him, that is my opinion also. Rebbi Yose ben Rebbi Abun, Rebbi Isaac bar Bisna195Reading of the Rome ms. and the text in Beẓah. Word missing in Venice print. in the name of Rebbi Joḥanan: The case involved split dates.

192The main place of this and the following paragraphs is Beẓah 4:1, fol. 62b. Rebbi said to his son Rebbi Simeon, climb up and bring us dried figs from the barrel. He said to him, is it not forbidden because of muqzeh84This is the place where cut-up (קצה) figs are left to ferment to be made into fig cakes. {Since during the fermentation process the figs are inedible, the term muqẓeh is transferred (regarding the rules of Sabbath and holidays) to denote anything unusable which, therefore, may not be moved on the Sabbath or the holiday.}? He retorted, are you still holding that? Nothing but figs and grapes can be forbidden because of muqzeh193In the Babli (Šabbat 45a) this is a statement of Samuel in the tradition of R. Simeon ben Ioḥai.! Rebbi Samuel bar Sisarta: Because they stink in between. Rebbi Zeїra asked before Rebbi Assi: Is it not reasonable to hold that the case involved split dates194Since Rebbi asked his son “to climb up”, the dried figs were still on the roof, the usual drying place for figs. Since the status of these figs was not checked before the holiday began, it is not clear whether it was known before the start of the Sabbath that the dried figs already had reached a state in which they were edible before the start of the holiday. But unripe (or never ripe) dates which are spread out on the roof to mature and become sweet never pass through a phase during which they are inedible. They would be a prime example for food left to dry which is never muqzeh.
In the Babli (loc.cit.) Rebbi Simeon ben Rebbi is quoted asking Rebbi about the status of פצעילי, which are identical with פצילייא here.
? He said to him, that is my opinion also. Rebbi Yose ben Rebbi Abun, Rebbi Isaac bar Bisna195Reading of the Rome ms. and the text in Beẓah. Word missing in Venice print. in the name of Rebbi Joḥanan: The case involved split dates.

1:5:5

אָמַר לֵיהּ אֵין לָךְ אָסוּר מִשּׁוּם מוּקְצֶה אֶלָּא תְאֵנִים וַעֲנָבִים בִּלְבַד. רִבִּי יַעֲקֹב בַּר זַבְדִּי בְשֵׁם רִבִּי אַבָּהוּ הָדָא דְתֵימָר לְעִנְיַין שַׁבָּת. אֲבָל לְעִנְיַין מַעְשְׂרוֹת כָּל הַדְּבָרִים יֵשׁ לָהֶן מוּקְצֶה. אָמַר רִבִּי יוֹסֵה מַתְנִיתָא אָמְרָה כֵן גְּרוֹגְרוֹת מִשֶּׁיִּדּוֹשׁ וּמְגוֹרָה מִשֶּׁיְעַגֵּל.

“He said to him, nothing but figs196“And grapes” has fallen out by a scribal error; grapes are also mentioned in the parallel in Šabbat. can be forbidden because of muqzeh!” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: that is, concerning the Sabbath. But concerning tithes, everything may pass through a stage of muqzeh. Rebbi Yose said, the Mishnah said so: “Dried figs when he presses them and in a bin if he planes with a roller.197While dried figs can be used as soon as they are edible again, if he had the intention from the start to store the finished produce in an amphora or a bin, the treatment in a case of muqzeh is irrelevant for tithes. Similarly, any produce put out to dry is free from tithes until it is brought to its final storage.”

“He said to him, nothing but figs196“And grapes” has fallen out by a scribal error; grapes are also mentioned in the parallel in Šabbat. can be forbidden because of muqzeh!” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: that is, concerning the Sabbath. But concerning tithes, everything may pass through a stage of muqzeh. Rebbi Yose said, the Mishnah said so: “Dried figs when he presses them and in a bin if he planes with a roller.197While dried figs can be used as soon as they are edible again, if he had the intention from the start to store the finished produce in an amphora or a bin, the treatment in a case of muqzeh is irrelevant for tithes. Similarly, any produce put out to dry is free from tithes until it is brought to its final storage.”

1:5:6

אָמַר רִבִּי יוֹחָנָן דִּבְרֵי שׁוֹנֶה רִאשׁוֹן לֹא הַתַּחְתּוֹן צָרִיךְ לָעֶלְיוֹן וְלֹא הָעֶלְיוֹן צָרִיךְ לַתַּחְתּוֹן. דִּבְרֵי שׁוֹנֶה אַחֲרוֹן צָרִיךְ לָעֶלְיוֹן וְלֹא הָעֶלְיוֹן צָרִיךְ לַתַּחְתּוֹן. אָמַר רִבִּי לָעְזָר דְּרִבִּי מֵאִיר הִיא. אָמַר לֵיהּ דְּלֹא תִיסְבּוֹר מֵימַר סְתָמָא דְּרִבִּי יוֹסֵי הִיא הֲלָכָה כִסְתָמָה. לְפוּם כֵּן צָרִךְ מֵימַר דְּרִבִּי מֵאִיר הִיא. דְּרִבִּי מֵאִיר וְרִבִּי יוֹסֵי הֲלָכָה כְּרִבִּי יוֹסֵי.

Rebbi Joḥanan said: The words of the first teacher imply that neither does the bottom need the top nor the top the bottom198This refers to the disagreement between the anonymous Tanna and R. Yose about dried figs being pressed into an amphora. The first Tanna holds that the start of pressing brings on the obligation of tithes since there is no longer any processing involved.. The words of the last teacher, [the bottom] needs the top but not the top the bottom199This sentence is corrupt in both mss.; the complete sentence is only paraphrased by R. Simson. R. Isaac Simponti has a complete sentence which, however, does not seem to be correct. The argument can best be reconstructed from Tosephta 1:11: “If, while he presses into an amphora or planes in a bin, the amphora broke or the bin collapsed, he may not eat from the contents as a snack, but Rebbi Yose permits it because the bottom needs the top.” R. Yose holds that pressing dried figs into an amphora is processing, that pressed figs are different from loose dried figs and, therefore, the end but not the start of the operation counts for tithes.. Rebbi Eleazar said, that is Rebbi Meїr’s. He said to him, that you should not think to say it is an anonymous opinion and, against Rebbi Yose, practice follows the anonymous opinion. Therefore, one needs to say that this is Rebbi Meїr’s and between Rebbi Meїr and Rebbi Yose practice follows Rebbi Yose200Maimonides in his Commentary and his Code (Ma‘aser 3:16) treats this statement as a disagreement between Rebbis Joḥanan and Eleazar and holds that practice follows the anonymous teacher..

Rebbi Joḥanan said: The words of the first teacher imply that neither does the bottom need the top nor the top the bottom198This refers to the disagreement between the anonymous Tanna and R. Yose about dried figs being pressed into an amphora. The first Tanna holds that the start of pressing brings on the obligation of tithes since there is no longer any processing involved.. The words of the last teacher, [the bottom] needs the top but not the top the bottom199This sentence is corrupt in both mss.; the complete sentence is only paraphrased by R. Simson. R. Isaac Simponti has a complete sentence which, however, does not seem to be correct. The argument can best be reconstructed from Tosephta 1:11: “If, while he presses into an amphora or planes in a bin, the amphora broke or the bin collapsed, he may not eat from the contents as a snack, but Rebbi Yose permits it because the bottom needs the top.” R. Yose holds that pressing dried figs into an amphora is processing, that pressed figs are different from loose dried figs and, therefore, the end but not the start of the operation counts for tithes.. Rebbi Eleazar said, that is Rebbi Meїr’s. He said to him, that you should not think to say it is an anonymous opinion and, against Rebbi Yose, practice follows the anonymous opinion. Therefore, one needs to say that this is Rebbi Meїr’s and between Rebbi Meїr and Rebbi Yose practice follows Rebbi Yose200Maimonides in his Commentary and his Code (Ma‘aser 3:16) treats this statement as a disagreement between Rebbis Joḥanan and Eleazar and holds that practice follows the anonymous teacher..

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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