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4:1:1

משנה: הַכּוֹבֵשׁ הַשּׁוֹלֵק הַמּוֹלֵחַ בַּשָּׂדֶה חַיָיב. הַמְכַמֵּר בָּאֲדָמָה פָּטוּר. הַמְטַבֵּל בַּשָּׂדֶה פָּטוּר. הַפּוֹצֵעַ זֵיתִים שֶׁיֵּצֵא מֵהֶן הַשְּׂרָף פָּטוּר. הַטּוֹחֵט זֵיתִים עַל בְּשָׂרוֹ פָטוּר וְאִם סָחַט וְנָתַן לְתוֹךְ יָדוֹ חַיָיב. הַמְקַפֶּה לְתַבְשִׁיל פָּטוּר וְלִקְדֵירָה חַיָיב מִפְּנֵי שֶׁהוּא כְבוֹר קָטָן.

MISHNAH: He who pickles, cooks, or salts in the field is obligated1All these activities are considered final processing, as explained in the Halakhah. “Cooking” means preserving by prolonged cooking; “salting” is salting to preserve.. He who stores in the ground2Unripe produce to ripen during storage. is free. He who dips3Fruits in salt, salt water, or vinegar, to eat them on the spot as a snack. in the field is free. He who pounds olives to remove the resin is free. He who squeezes olives on his skin is free but if he squeezed and put into his hand4Since the oil is collected, it is as if pressed in an oil-press and considered processed. he is obligated. He who prepares wine sauce for a dish5A small amount of thickened wine added to a dish already on a plate does not induce the obligation of tithes. is free but in a pot6If the pot is on the fire, the obligation is induced by the fire. If the pot is empty and cold, the obligation is explained in the Mishnah; the pot acts as miniature vat. it is obligated for it is like a small cistern.

MISHNAH: He who pickles, cooks, or salts in the field is obligated1All these activities are considered final processing, as explained in the Halakhah. “Cooking” means preserving by prolonged cooking; “salting” is salting to preserve.. He who stores in the ground2Unripe produce to ripen during storage. is free. He who dips3Fruits in salt, salt water, or vinegar, to eat them on the spot as a snack. in the field is free. He who pounds olives to remove the resin is free. He who squeezes olives on his skin is free but if he squeezed and put into his hand4Since the oil is collected, it is as if pressed in an oil-press and considered processed. he is obligated. He who prepares wine sauce for a dish5A small amount of thickened wine added to a dish already on a plate does not induce the obligation of tithes. is free but in a pot6If the pot is on the fire, the obligation is induced by the fire. If the pot is empty and cold, the obligation is explained in the Mishnah; the pot acts as miniature vat. it is obligated for it is like a small cistern.

4:1:2

הלכה: אוֹר טוֹבֵל מִקַּח טוֹבֵל מֶלַח טוֹבֶלֶת תְּרוּמָה טוֹבֶלֶת. שַׁבָּת טוֹבֶלֶת. חֲצַר בֵּית שְׁמִירָה טוֹבֶלֶת. דְּאָמַר רִבִּי יוֹחָנָן מִקַּח בְּשַׁבָּת אֵינָהּ תּוֹרָה. רִבִּי אִמִּי בְשֵׁם רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ הַמְחוּוָר שֶׁבְּכוּלָּן זוֹ חֲצַר בֵּית שְׁמִירָה.

HALAKHAH: Fire creates ṭevel, buying creates ṭevel, salt creates ṭevel, heave creates ṭevel, the Sabbath creates ṭevel, a secure courtyard creates ṭevel,7This refers to the discussion Chapter 2:2–3. For the statements of R. Joḥanan and R. Simeon ben Laqish, cf. Chapter 2, Notes 101–102. but Rebbi Joḥanan said that buying and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

HALAKHAH: Fire creates ṭevel, buying creates ṭevel, salt creates ṭevel, heave creates ṭevel, the Sabbath creates ṭevel, a secure courtyard creates ṭevel,7This refers to the discussion Chapter 2:2–3. For the statements of R. Joḥanan and R. Simeon ben Laqish, cf. Chapter 2, Notes 101–102. but Rebbi Joḥanan said that buying and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

4:1:3

הַכּוֹבֵשׁ עַד שֶׁיִּכְבּוֹשׁ כָּל צוֹרְכּוֹ הַשּׁוֹלֵק עַד שֶׁיִּשְׁלוֹק כָּל צָרְכּוֹ. נִשְׁמְעִינָהּ מִן הָדָא הַמְהַבְהֵב שִׁיבּוֹלִין בָּאוֹר נִטְבְּלוּ. בְּלֹא כָךְ אֵינָן מְחוּסָּרִין מְלָאכָה עַל יְדֵי הָאוֹר. שַׁנְיָיא הִיא שֶׁהוּא גְמַר מְלַאכְתּוֹ. וְיֵידָא אָמְרָה דָא הַמְקַטֵּף שִׁיבֳּלִין לְעִיסָתוֹ לְאוֹכְלָן מְלִילוֹת נִטְבְּלוּ לַעֲשׂוֹתָן עִיסָּה לֹא נִטְבְּלוּ.

He who pickles, only if he pickles completely8Does it become ṭevel only if the pickling is completed, or at least if the brine is strong enough that the vegetables would be completely cured if left in the brine for a sufficient time?? He who cooks, only if he cooks thoroughly? Let us hear from the following: If one singes ears of grain in the fire they become ṭevel9A similar statement in Tosephta 3:1, in the name of R. Simeon.. Without that, would they not need to be worked over by fire10Since grain is rarely eaten raw.? There is a difference here, because that is the end of their processing11Since the ears are lightly roasted as ears, it is clear that the grains should be eaten unmilled.. Where has this been said12That the intent counts.? If one plucks out kernels from ears destined for dough, if it is to eat them rolled13Rolled between the fingers to make them edible raw. they are ṭevel, but to make a dough they are not ṭevel14The language here is unclear since if the ears are destined for dough they are not for eating raw. The parallel in Babli Beẓah 13a reads: If somebody brought ears from the field, if it is to make them into dough [and the ears must be threshed and milled] he may eat a snack from them, if to roll them [and eat them raw], Rebbi declares obligated but Rebbi Yose ben Jehudah declares them to be free [since they are called “grain”, subject to tithes, only after threshing.] The baraita here follows R. Yose ben R. Jehudah.
All the argument here proves is that it is possible that pickling and preserving by cooking makes ṭevel only if the intent was to do a thorough job.
.

He who pickles, only if he pickles completely8Does it become ṭevel only if the pickling is completed, or at least if the brine is strong enough that the vegetables would be completely cured if left in the brine for a sufficient time?? He who cooks, only if he cooks thoroughly? Let us hear from the following: If one singes ears of grain in the fire they become ṭevel9A similar statement in Tosephta 3:1, in the name of R. Simeon.. Without that, would they not need to be worked over by fire10Since grain is rarely eaten raw.? There is a difference here, because that is the end of their processing11Since the ears are lightly roasted as ears, it is clear that the grains should be eaten unmilled.. Where has this been said12That the intent counts.? If one plucks out kernels from ears destined for dough, if it is to eat them rolled13Rolled between the fingers to make them edible raw. they are ṭevel, but to make a dough they are not ṭevel14The language here is unclear since if the ears are destined for dough they are not for eating raw. The parallel in Babli Beẓah 13a reads: If somebody brought ears from the field, if it is to make them into dough [and the ears must be threshed and milled] he may eat a snack from them, if to roll them [and eat them raw], Rebbi declares obligated but Rebbi Yose ben Jehudah declares them to be free [since they are called “grain”, subject to tithes, only after threshing.] The baraita here follows R. Yose ben R. Jehudah.
All the argument here proves is that it is possible that pickling and preserving by cooking makes ṭevel only if the intent was to do a thorough job.
.

4:1:4

כָּבַשׁ וְשָׁלַק שֶׁלֹּא מִדַּעַת הַבְּעָלִים תַּפְלוּגְתָא דְּרִבִּי יוֹחָנָן וְרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ. דְּאִיתְפַּלְּגוּן הַמְמָרֵחַ כְּרִיּוֹ שֶׁל חֲבֵירוֹ שֶׁלֹּא מִדַּעְתּוֹ רִבִּי יוֹחָנָן אָמַר נִטְבַּל וְרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר לֹא נִטְבַּל. אָמַר רִבִּי יוּדָן תַּמָּן אֵיפְשַׁר לוֹ [שֶׁלֹּא לְמָרֵחַ בְּרַם הָכָא אֶיפְשַׁר לוֹ] שֶׁלֹּא לִכְבּוֹשׁ.

If he pickled or cooked without the owners’ knowledge, there is a difference between Rebbi Joḥanan and Rebbi Simeon ben Laqish since these differ: If somebody made a heap [of somebody’s grain] without the latter’s knowledge, Rebbi Joḥanan said, it is ṭevel, Rebbi Simeon ben Laqish said, it is not ṭevel. Rebbi Yudan said, there it is impossible for him not to make a heap16After threshing, the grain must be raked together to be used. Therefore, R. Joḥanan may hold that the heap was made with the implied consent of the owner. This is not the case for pickling olives. R. Joḥanan may hold that pickling without consent of the owner does not create ṭevel. Fragments of this discussion are in Chapter 1, cf. Notes 22, 138., here it is possible for him not to pickle.

If he pickled or cooked without the owners’ knowledge, there is a difference between Rebbi Joḥanan and Rebbi Simeon ben Laqish since these differ: If somebody made a heap [of somebody’s grain] without the latter’s knowledge, Rebbi Joḥanan said, it is ṭevel, Rebbi Simeon ben Laqish said, it is not ṭevel. Rebbi Yudan said, there it is impossible for him not to make a heap16After threshing, the grain must be raked together to be used. Therefore, R. Joḥanan may hold that the heap was made with the implied consent of the owner. This is not the case for pickling olives. R. Joḥanan may hold that pickling without consent of the owner does not create ṭevel. Fragments of this discussion are in Chapter 1, cf. Notes 22, 138., here it is possible for him not to pickle.

4:1:5

שְׁלָקוֹ בִּרְשׁוּת הַהֶקְדֵּשׁ פְּדָאוֹ וְהִכְנִיסוֹ לַחֲצַר בֵּית שְׁמִירָה מַהוּ. עַל דַּעְתֵּיהּ דְּרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ נִטְבָּל זוֹ תוֹרָה וְזוֹ אֵינָהּ תּוֹרָה. הִכְנִיסוֹ לַחֲצַר בֵּית שְׁמִירָה פְּדָייוֹ וּשְׁלָקוֹ מָהוּ. דִּבְרֵי הַכֹּל נִטְבָּל. וְכִי מַה עָשָׂה מַעֲשֶׂה בִרְשׁוּת הַהֶקְדֵּשׁ. הִקְדִּישׁוֹ וּשְׁלָקוֹ הִכְנִיסוֹ לַחֲצַר בֵּית שְׁמִירָה פְּדָייוֹ וּשְׁלָקוֹ מָהוּ. דִּבְרֵי הַכֹּל נִטְבָּל. פְּדָייוֹ וְצִימְּקוֹ מַהוּ. אִין תֵּימַר הָאוֹר טוֹבֵל הָאוֹר פּוֹטֵר וְאִין תֵּימַר אֵין הָאוֹר טוֹבֵל אֵין הָאוֹר פּוֹטֵר.

If he cooked it while it was property of the Temple17Temple property is exempt from heave and tithes; cf. Chapter 1, Note 19., redeemed it, and brought it into a secure courtyard, what is its status? In the opinion of Rebbi Simeon ben Laqish18Cf. Note 7. While it was the intent of the person who had dedicated the produce to free it from heave and tithes by processing while it was property of the Temple, R. Simeon ben Laqish will disregard rabbinic processing when dedicated if it is followed by an action which induces ṭevel by biblical law after redemption when the preserve is now fully profane. it became ṭevel; this is biblical, that is not biblical. If he brought it into a secure courtyard, redeemed and then cooked it, everybody agrees that it became ṭevel, what did he process while it was property of the Temple19In the exempt state, transporting to a secure courtyard is not an act of processing.? If he dedicated it, cooked it, brought it into a secure courtyard, redeemed it, and cooked it again, everybody agrees that it became ṭevel20By the second cooking.. If he redeemed it21After a first cooking while Temple property. and put it out to dry, what is its status? If you say that fire creates ṭevel, fire frees from ṭevel; if you say that fire does not create ṭevel, fire does not free from ṭevel22For R. Joḥanan, the first cooking was the processing and anything done later does not count. For R. Simeon ben Laqish, the first cooking outside courtyard or house would not induce ṭevel; therefore, being cooked while Temple property does not count and the later drying is the final processing of profane food..

If he cooked it while it was property of the Temple17Temple property is exempt from heave and tithes; cf. Chapter 1, Note 19., redeemed it, and brought it into a secure courtyard, what is its status? In the opinion of Rebbi Simeon ben Laqish18Cf. Note 7. While it was the intent of the person who had dedicated the produce to free it from heave and tithes by processing while it was property of the Temple, R. Simeon ben Laqish will disregard rabbinic processing when dedicated if it is followed by an action which induces ṭevel by biblical law after redemption when the preserve is now fully profane. it became ṭevel; this is biblical, that is not biblical. If he brought it into a secure courtyard, redeemed and then cooked it, everybody agrees that it became ṭevel, what did he process while it was property of the Temple19In the exempt state, transporting to a secure courtyard is not an act of processing.? If he dedicated it, cooked it, brought it into a secure courtyard, redeemed it, and cooked it again, everybody agrees that it became ṭevel20By the second cooking.. If he redeemed it21After a first cooking while Temple property. and put it out to dry, what is its status? If you say that fire creates ṭevel, fire frees from ṭevel; if you say that fire does not create ṭevel, fire does not free from ṭevel22For R. Joḥanan, the first cooking was the processing and anything done later does not count. For R. Simeon ben Laqish, the first cooking outside courtyard or house would not induce ṭevel; therefore, being cooked while Temple property does not count and the later drying is the final processing of profane food..

4:1:6

רִבִּי יִרְמְיָה בָּעֵי טִיגְּנוֹ בַשָּׂדֶה מַהוּ בְּלֹא כָּךְ אֵין הָאוֹר טוֹבֵל. אִילּוּ אֵיפְשַׁר דְּלֹא מִיתַּן גַּבֵּיהּ מְשַׁח.

Rebbi Jeremiah asked: If he fried in the field, what is its status23May it be eaten as a snack without tithing?? Does not the fire create ṭevel anyhow24Since we hold that fire always induces ṭevel, the answer seems obvious.? Is it impossible not to use oil25That would be the singeing indicated in Note 11. Since singeing creates ṭevel, the question of R. Jeremiah is already answered.?

Rebbi Jeremiah asked: If he fried in the field, what is its status23May it be eaten as a snack without tithing?? Does not the fire create ṭevel anyhow24Since we hold that fire always induces ṭevel, the answer seems obvious.? Is it impossible not to use oil25That would be the singeing indicated in Note 11. Since singeing creates ṭevel, the question of R. Jeremiah is already answered.?

4:1:7

בָּעֵי הֲוָה רִבִּי יוֹסֵי בְשֵׁם כַּהֲנָא אָמַר רִבִּי יוֹנָה תַּנֵּי רִבִּי חֲלַפְתָּא בֶּן שָׁאוּל עָשָׂה הֵיסֵב בַּשָּׂדֶה טוֹבֵל. אִם לֹא הֵיסַב אֵינוֹ טוֹבֵל. אִין הוּא הֵיסֵב שֶׁהוּא טוֹבֵל כָּל הֵיסֵב שֶׁיֵּשׁ בּוֹ יַיִן. קָצַב לְהֵיסֵב וְלֹא הֵיסַב.

Rebbi Yose used to asked in the name of Cahana: Rebbi Jonah said, Rebbi Ḥalaphta ben Shaul stated: If someone organized a meal in a circle26To eat together. Snacks are eaten alone. in the field he created ṭevel. If one did not organize a meal a circle he did not create ṭevel. What organizing in a circle creates ṭevel? Any meal in a circle with wine. If people prepared to eat in a circle but then did not27This is Cahana’s question; it remains unanswered.?

Rebbi Yose used to asked in the name of Cahana: Rebbi Jonah said, Rebbi Ḥalaphta ben Shaul stated: If someone organized a meal in a circle26To eat together. Snacks are eaten alone. in the field he created ṭevel. If one did not organize a meal a circle he did not create ṭevel. What organizing in a circle creates ṭevel? Any meal in a circle with wine. If people prepared to eat in a circle but then did not27This is Cahana’s question; it remains unanswered.?

4:1:8

תַּנֵּי הַשּׁוּם וְהַשִּׁחָלַיִים וְהַחַרְדָּל שֶׁשְּׁחָקוֹ בַשָּׂדֶה נִטְבְּלוּ עַד כְּדוֹן בְשׁוּם שֶׁל טֵבֵל שֶׁשְּׁחָקוֹ בְּשֶׁמֶן שֶׁל חוּלִין. שׁוּם שֶׁל חוּלִין שֶׁשְּׁחָקוֹ בְּשֶׁמֶן שֶׁל טֵבֵל.

It was stated28A similar text Tosephta 3:2.: “Garlic, garden cress29A kind of Lepidium, Rashi קרש״ון French cresson; Maimonides Arabic رشاد Lepidium sativum, garden peppergrass., and mustard seed which were prepared in the field became ṭevel” That means, ṭevel garlic with profane oil. Profane garlic with ṭevel oil30This question should not have been asked since oil used to prepare condiments is certainly forbidden when ṭevel.?

It was stated28A similar text Tosephta 3:2.: “Garlic, garden cress29A kind of Lepidium, Rashi קרש״ון French cresson; Maimonides Arabic رشاد Lepidium sativum, garden peppergrass., and mustard seed which were prepared in the field became ṭevel” That means, ṭevel garlic with profane oil. Profane garlic with ṭevel oil30This question should not have been asked since oil used to prepare condiments is certainly forbidden when ṭevel.?

4:1:9

רִבִּי זְעִירָא רִבִּי חִיָיא בַּר אַשִּׁי בְּשֵׁם רַב אֶשְׁכּוֹל שֶׁסְּחָטוֹ לַכּוֹס נִטְבָּל. לְתַמְחוּי לֹא נִטְבָּל.

Rebbi Zeïra, Rebbi Ḥiyya bar Ashi in the name of Rav: A bunch of grapes which he squeezed into a cup31This becomes a formal drink, not a snack. became ṭevel; into a tamḥui32Cf. Peah 8, Note 83. it did not become ṭevel.

Rebbi Zeïra, Rebbi Ḥiyya bar Ashi in the name of Rav: A bunch of grapes which he squeezed into a cup31This becomes a formal drink, not a snack. became ṭevel; into a tamḥui32Cf. Peah 8, Note 83. it did not become ṭevel.

4:1:10

בְּלֹא כָךְ אֵין הָאוֹר טוֹבֵל. תִּיפְתָּר בְּתַבְשִׁיל צוֹנִין. לִקְדֵירָה חַיָיב. אָמַר רִבִּי לָ‍עְזָר לִקְדֵירָה רֵיקָנִית הִיא. מַתְנִיתִין לֹא אָמְרָה כֵּן אֶלָּא הַמְקַפֶּה לְתַבְשִׁיל פָּטוּר. לִקְדֵירָה חַיָיב. מִפְּנֵי שֶׁהוּא כְבוֹר קָטָן.

Does not the fire induce ṭevel anyhow33This refers to the last sentence in the Mishnah, quoted in this paragraph. If one puts ṭevel sauce on any hot dish, the entire dish becomes ṭevel.? Explain it if the dish was cold. “In a pot it is obligated;” Rebbi Eleazar said, that refers to an empty pot34Otherwise the statement of the Mishnah were superfluous, Note 6.. The Mishnah does not say so, but “he who prepares wine sauce for a dish is free but in a pot it is obligated for it is like a small cistern35Which usually is not empty..”

Does not the fire induce ṭevel anyhow33This refers to the last sentence in the Mishnah, quoted in this paragraph. If one puts ṭevel sauce on any hot dish, the entire dish becomes ṭevel.? Explain it if the dish was cold. “In a pot it is obligated;” Rebbi Eleazar said, that refers to an empty pot34Otherwise the statement of the Mishnah were superfluous, Note 6.. The Mishnah does not say so, but “he who prepares wine sauce for a dish is free but in a pot it is obligated for it is like a small cistern35Which usually is not empty..”

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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