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6:4:1

משנה: מֵאֵימָתַי מוּתָּר אָדָם לִיקַח יֶרֶק בְּמוֹצָאֵי שְׁבִיעִית מִשֶּׁיֶּעָשֶׂה כְיוֹצֵא בוֹ. עָשָׂה הַבָּכִיר הִתִּיר הָאָפֶל. רִבִּי הִתִּיר לִיקַח יֶרֶק מוֹצָאֵי שְׁבִיעִית מִיַּד. אֵין מוֹצִיאִין שֶׁמֶן שְׂרֵיפָה וּפֵירוֹת שְׁבִיעִית מֵהָאָרֶץ לְחוּצָה לָאָרֶץ. אָמַר רִבִּי שָׁמַעְתִּי בְּפֵירוּשׁ שֶׁמּוֹצִיאִין לְסוּרִיָּה וְאֵין מוֹצִיאִין לְחוּצָה לָאָרֶץ. אֵין מְבִיאִין תְּרוּמָה מֵחוּצָה לָאָרֶץ לָאָרֶץ. אָמַר רִבִּי שָׁמַעְתִּי בְּפֵירוּשׁ שֶׁמּוֹצִיאִין מִסּוּרִיָּה וְאֵין מְבִיאִין מֵחוּצָה לָאָרֶץ.

MISHNAH: When may one buy vegetables in the year following the Sabbatical? After similar ones are ready. When the early ripe one is ready, the late is permitted. Rebbi permitted to buy vegetables immediately after the end of the Sabbatical132For another version of the story, see Peah Chapter 7, Notes 80–81. The last sentence is also in Tosephta Ševíit 5:1..
One does not export oil to be burned146Olive oil given for heave that became impure and must be burned. It may be used as fuel but must still be treated as holy and cannot be contaminated with the impurity of Gentile soil. [In Sifra Behar Pereq 1(9), the statement of Rebbi is attributed to R. Simeon.] and produce of the Sabbatical from the Land to outside the Land. Rebbi said, I heard explicitely that one exports to Syria but not to outside the Land.
One does not bring heave from outside the Land into the Land. Rebbi said, I heard explicitly that one may bring from Syria but not from outside the Land150Even though heave can be given outside the Land in a way that leaves it ritually pure, since heave is a duty on the Land its status should not be diminished by accepting outside heave into the Land. The only problem is Syria according to Rebbi Simeon and Rebbi; they declare heave of Syria to be genuine..

MISHNAH: When may one buy vegetables in the year following the Sabbatical? After similar ones are ready. When the early ripe one is ready, the late is permitted. Rebbi permitted to buy vegetables immediately after the end of the Sabbatical132For another version of the story, see Peah Chapter 7, Notes 80–81. The last sentence is also in Tosephta Ševíit 5:1..
One does not export oil to be burned146Olive oil given for heave that became impure and must be burned. It may be used as fuel but must still be treated as holy and cannot be contaminated with the impurity of Gentile soil. [In Sifra Behar Pereq 1(9), the statement of Rebbi is attributed to R. Simeon.] and produce of the Sabbatical from the Land to outside the Land. Rebbi said, I heard explicitely that one exports to Syria but not to outside the Land.
One does not bring heave from outside the Land into the Land. Rebbi said, I heard explicitly that one may bring from Syria but not from outside the Land150Even though heave can be given outside the Land in a way that leaves it ritually pure, since heave is a duty on the Land its status should not be diminished by accepting outside heave into the Land. The only problem is Syria according to Rebbi Simeon and Rebbi; they declare heave of Syria to be genuine..

6:4:2

הלכה: בָּרִאשׁוֹנָה הָיָה הַיֶּרֶק אָסוּר בִּסְפָרֵי אֶרֶץ יִשְׂרָאֵל הִתְקִינוּ שֶׁיְּהֵא הַיֶּרֶק מוּתָּר בִּסְפָרֵי אֶרֶץ יִשְׂרָאֵל. אַף עַל פִּי כֵן הָיָה אָסוּר לְהָבִיא יֶרֶק מִחוּץ לָאָרֶץ לָאָרֶץ. הִתְקִינוּ שֶׁיְּהֵא מוּתָּר לְהָבִיא יֶרֶק מִחוּץ לָאָרֶץ לָאָרֶץ. אַף עַל פִּי כֵן הָיָה אָסוּר לִיקַח יֶרֶק בְּמוֹצָאֵי שְׁבִיעִית מִיַּד. רִבִּי הִתִּיר לִיקַח יֶרֶק בְּמוֹצָאֵי שְׁבִיעִית מִיַּד בַּר מִן קֶפַלּוֹטָא. מַה עָבְדוּן לֵיהּ צִיפֹּרָאיֵי אַלְבְּשׁוּנֵיהּ סַקָּא וְקִיטְמָא. וְאַיְיתוּנֵיהּ קוֹמֵי רִבִּי. אָמְרִין לֵיהּ מַה חָטָא דֵין מִן כָּל יַרְקָא וְשָׁרָא לִי לוֹן.

HALAKHAH: Originally, vegetable was forbidden at border settlements of the Land of Israel. They decreed that vegetable should be permitted at border settlements of the Land of Israel but it would still be forbidden to import vegetables from outside into the Land. Then they decreed that it was permitted to import vegetables from outside into the Land but it would still be forbidden to buy vegetables immediately after the end of the Sabbatical. Rebbi permitted to buy vegetables immediately after the end of the Sabbatical except for leeks. What did the Sepphorians do? They clothed one specimen in sack and ashes and brought it before Rebbi, saying what sin did this one commit among all vegetables? He permitted it to them133It will be clear from the next two paragraphs that the entire development, from permitting vegetables at border settlements to the general permission (a) to import vegetables into the Land of Israel, (b) to buy vegetables immediately after New Year’s Day of the following year, happened during Rebbi’s presidency. As long as the rules of impurity can be kept strictly, one would forbid importation at least of vegetables since (a) some soil might cling to vegetables transported with their roots (Babli Nedarim 53b) and (b) the vegetables will be moistened for the transport and, therefore, be impure (cf. Demay, Chapter 2, Notes 136–137)..

HALAKHAH: Originally, vegetable was forbidden at border settlements of the Land of Israel. They decreed that vegetable should be permitted at border settlements of the Land of Israel but it would still be forbidden to import vegetables from outside into the Land. Then they decreed that it was permitted to import vegetables from outside into the Land but it would still be forbidden to buy vegetables immediately after the end of the Sabbatical. Rebbi permitted to buy vegetables immediately after the end of the Sabbatical except for leeks. What did the Sepphorians do? They clothed one specimen in sack and ashes and brought it before Rebbi, saying what sin did this one commit among all vegetables? He permitted it to them133It will be clear from the next two paragraphs that the entire development, from permitting vegetables at border settlements to the general permission (a) to import vegetables into the Land of Israel, (b) to buy vegetables immediately after New Year’s Day of the following year, happened during Rebbi’s presidency. As long as the rules of impurity can be kept strictly, one would forbid importation at least of vegetables since (a) some soil might cling to vegetables transported with their roots (Babli Nedarim 53b) and (b) the vegetables will be moistened for the transport and, therefore, be impure (cf. Demay, Chapter 2, Notes 136–137)..

6:4:3

עוּלָּא בַּר יִשְׁמָעֵאל בְּשֵׁם רִבִּי חֲנִינָה. רִבִּי וְרִבִּי יוֹסֵי בַּר יְהוּדָה נַחְתוֹן לְעַכּוֹ. וְאִיתְקַבְּלוּן גַּבֵּי רִבִּי מָנָא. אָמַר לָהֶן רִבִּי עֲשֵׂה לָנוּ לֹפַּס אֶחָד שֶׁל יֶרֶק עֲבַד לֵיהּ קוּפָּד. לְמָחָר אָמַר לֵיהּ עֲשֵׂה לָנוּ לֹפַּס אֶחָד שֶׁל יֶרֶק עֲבַד לוֹן תַּרְנְגוֹלְתָא. אָמַר רִבִּי נִיכָּר הוּא זֶה שֶׁהוּא מִפֶּתַח שֶׁל [סָמָאֵל]. אָמַר לֵיהּ רִבִּי יוֹסֵי בֵּי רִבִּי יְהוּדָה אֲפִילוּ מִפֶּתַח שֶׁל [סָמָאֵל] אֵינוֹ. וְלָמָּה עֲבַד כֵּן דּוּ תַלְמִיד מִן תַּלְמִידוֹי דְּרִבִּי יוּדָה. דְּרִבִּי יוּדָה אָמַר הַיֶּרֶק אָסוּר בִּסְפָרֵי אֶרֶץ יִשְׂרָאֵל. כַּד אֲתָא לְגַבֵּהּ תַּנֵּי לֵהּ עוּבְדָא. אָמַר לֵיהּ צָרִיךְ הֲוֵיתָה עֲבִיד כְּוָותִין.

Ulla bar Ismael in the name of Rebbi Ḥanina: Rebbi and Rebbi Yose ben Rebbi Jehudah descended into Acco and were received by Rebbi Mana135Since this R. Mana is a Tanna, he precedes the Amora R. Mana I by at least one generation. He is not mentioned again in the Talmudim. As noted in Halakhah 1, Acco was a border town since the domain between the Roman road leading North from Acco and the sea was Gentile territory.. Rebbi said to them, make us a dish136Cf. Peah p. 279. of vegetables; he made him red meat. The next day, he said again make us a dish of vegetables; he made him chicken. Rebbi said, this one is recognizable as coming from the door of Samaël137The angel ruling over hell. Rebbi took R. Mana’s actions as showing off his wealth.. Rebbi Yose ben Rebbi Jehudah said to him, he is not even coming from the door of Samaël. Why did he do this? Because he is a student from the students of Rebbi Jehudah, and Rebbi Jehudah said vegetables are forbidden in the border settlements of the Land of Israel. When he met him, he told him the facts138Rebbi Mana confirmed that he served meat only because he followed the teachings of R. Jehudah of the previous generation.. He said to him, you should have acted following us139This implies that Rebbi’s decree permitting buying vegetables was not a private ruling but an official pronouncement by Rebbi’s Academy acting as a kind of Synhedrion..

Ulla bar Ismael in the name of Rebbi Ḥanina: Rebbi and Rebbi Yose ben Rebbi Jehudah descended into Acco and were received by Rebbi Mana135Since this R. Mana is a Tanna, he precedes the Amora R. Mana I by at least one generation. He is not mentioned again in the Talmudim. As noted in Halakhah 1, Acco was a border town since the domain between the Roman road leading North from Acco and the sea was Gentile territory.. Rebbi said to them, make us a dish136Cf. Peah p. 279. of vegetables; he made him red meat. The next day, he said again make us a dish of vegetables; he made him chicken. Rebbi said, this one is recognizable as coming from the door of Samaël137The angel ruling over hell. Rebbi took R. Mana’s actions as showing off his wealth.. Rebbi Yose ben Rebbi Jehudah said to him, he is not even coming from the door of Samaël. Why did he do this? Because he is a student from the students of Rebbi Jehudah, and Rebbi Jehudah said vegetables are forbidden in the border settlements of the Land of Israel. When he met him, he told him the facts138Rebbi Mana confirmed that he served meat only because he followed the teachings of R. Jehudah of the previous generation.. He said to him, you should have acted following us139This implies that Rebbi’s decree permitting buying vegetables was not a private ruling but an official pronouncement by Rebbi’s Academy acting as a kind of Synhedrion..

6:4:4

תַּמָּן תַּנִּינָן מִן הַיֶּרֶק מוּתָּר בְּיַרְקוֹת הַשָּׂדֶה שֶׁהוּא שֵׁם לְוָוי. וְתַנֵּי עֲלָהּ הַנּוֹדֵר מִן הַיֶּרֶק בַּשְּׁבִיעִית אָסוּר אַף בְּיַרְקוֹת שָּׂדֶה. תַּנֵּי רִבִּי קְרִיסְפָּא בְשֵׁם רִבִּי חֲנַנְיָה בֶּן גַּמְלִיאֵל וְאָמַר טַעְמָא. הָדָא דְתֵימַר עַד שֶׁלֹּא הִתִּיר רִבִּי לְהָבִיא יֶרֶק מִחוּץ לָאָרֶץ לָאָרֶץ אֲבָל מִשֶׁהִתִּיר רִבִּי לְהָבִיא יֶרֶק מִחוּץ לָאָרֶץ לָאָרֶץ. הִיא שְׁבִיעִית הִיא שְׁאָר שְׁנֵי שָׁבוּעַ. רִבִּי יוֹסֵי בַּר חֲנִינָא אוֹמֵר עוּלְשִׁין חֲשׁוּבוֹת הֵן לְטַמֵּא טוּמְאַת אוֹכְלִין בַּשְּׁבִיעִית. הָדָא דְתֵימַר עַד שֶׁלֹּא הִתִּיר רִבִּי. אֲבָל מִשֶׁהִתִּיר הִיא שְׁבִיעִית הִיא שְׁאָר שְׁנֵי שָׁבוּעַ.

There140Mishnah Nedarim 6:13. “He who vows to abstain from vegetables …” The paragraph is copied in Nedarim 6:13, fol. 39d; a parallel is in the Babli (Nedarim 53a–b)., we have stated: “From vegetables”, he is permitted field vegetables because these have an additional name. We have stated on that: “He who makes a vow to abstain from vegetables in the Sabbatical is also forbidden field vegetables141According to the commentary to Nedarim from the school of Rashi, usually one means by “vegetables” those grown in irrigated garden beds. But in the Sabbatical year, all garden beds also are abandoned to the poor and even well-to-do persons will use field vegetables. According to R. Nissim Gerondi, garden beds will not yield anything in the Sabbatical since nothing is planted and, usually, garden beds are carefully harvested, so there will be no spontaneous growth..” Rebbi Crispus stated the reason in the name of Rebbi Ḥananiah ben Gamliel142In the Babli (Nedarim 53b), R. Ḥananiah ben Gamliel states that one imports vegetables into the Land. This refers to the aftermath of the war of Bar Kokhba, about 60 years prior to Rebbi’s activity, and does not imply official sanctioning.: That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import vegetables into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle. Rebbi Yose bar Ḥanina says, endives143One of the bitter herbs admissible for Passover; the implication here is that endives were not grown in extensive agriculture but considered as a weed. Hence, in regular years they are not food and cannot become impure. are important enough to become impure as food in the Seventh year. That means, as long as Rebbi did not permit. But since he permitted, there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle144Since garden vegetables are available year round during the Sabbatical..

There140Mishnah Nedarim 6:13. “He who vows to abstain from vegetables …” The paragraph is copied in Nedarim 6:13, fol. 39d; a parallel is in the Babli (Nedarim 53a–b)., we have stated: “From vegetables”, he is permitted field vegetables because these have an additional name. We have stated on that: “He who makes a vow to abstain from vegetables in the Sabbatical is also forbidden field vegetables141According to the commentary to Nedarim from the school of Rashi, usually one means by “vegetables” those grown in irrigated garden beds. But in the Sabbatical year, all garden beds also are abandoned to the poor and even well-to-do persons will use field vegetables. According to R. Nissim Gerondi, garden beds will not yield anything in the Sabbatical since nothing is planted and, usually, garden beds are carefully harvested, so there will be no spontaneous growth..” Rebbi Crispus stated the reason in the name of Rebbi Ḥananiah ben Gamliel142In the Babli (Nedarim 53b), R. Ḥananiah ben Gamliel states that one imports vegetables into the Land. This refers to the aftermath of the war of Bar Kokhba, about 60 years prior to Rebbi’s activity, and does not imply official sanctioning.: That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import vegetables into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle. Rebbi Yose bar Ḥanina says, endives143One of the bitter herbs admissible for Passover; the implication here is that endives were not grown in extensive agriculture but considered as a weed. Hence, in regular years they are not food and cannot become impure. are important enough to become impure as food in the Seventh year. That means, as long as Rebbi did not permit. But since he permitted, there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle144Since garden vegetables are available year round during the Sabbatical..

6:4:5

הֲווֹן בְּעָיָין מֵימַר לָא פְלִיגִין. אַשְׁכַּח תַּנֵּי רִבִּי יוּדָה אָמַר עַד גְּזִיב. רִבִּי שִׁמְעוֹן אוֹמֵר עַד אֲמָנֹס.

They wanted to say that there is no disagreement145The definition of the Land, important for this Halakhah and the next, was assumed to be given by the Tosephta quoted in Halakhah 1 according to everybody. Here, it is stated that R. Simeon disagrees and does not restrict the laws of the Holy Land to the territory settled by the returnees from Babylonia. In the next two Mishnaiot, Rebbi agrees with R. Simeon. This seems to indicate that for the Yerushalmi, practice should follow the majority, R. Simeon and Rebbi. In the Babli, only R. Jehudah’s position is ever mentioned and practice follows him.. It was found stated: Rebbi Judah said, up to Akhzib. Rebbi Simeon is saying, up to Amanus.

They wanted to say that there is no disagreement145The definition of the Land, important for this Halakhah and the next, was assumed to be given by the Tosephta quoted in Halakhah 1 according to everybody. Here, it is stated that R. Simeon disagrees and does not restrict the laws of the Holy Land to the territory settled by the returnees from Babylonia. In the next two Mishnaiot, Rebbi agrees with R. Simeon. This seems to indicate that for the Yerushalmi, practice should follow the majority, R. Simeon and Rebbi. In the Babli, only R. Jehudah’s position is ever mentioned and practice follows him.. It was found stated: Rebbi Judah said, up to Akhzib. Rebbi Simeon is saying, up to Amanus.

6:4:6

תַּנֵּי פֵּירוֹת הָאָרֶץ שֶׁיָּצְאוּ חוּץ לָאָרֶץ מִתְבַּעֲרִין בִּמְקוֹמָן דִּבְרֵי רִבִּי שִׁמְעוֹן. רִבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר אוֹמֵר מֵבִיאָן לָאָרֶץ וּמְבַעֲרָן דִּכְתִיב בְּאַרְצֶךָ תִּהְיֶה כָל תְּבוּאָתָהּ לֶאֱכוֹל. אָמַר רִבִּי יַעֲקֹב בַּר אָחָא. הוֹרֵי רִבִּי אִמִּי כְהֵן תַּנְיָא קַמַּיָּא לְקוּלָּא. אָמַר רִבִּי הִילָא וּבִלְבַד שֶׁלֹּא יַעֲבִירֵם מִמָּקוֹם לְמָקוֹם.

It was stated: “Produce of the Land that was exported is removed at its place, the words of Rebbi Simeon. Rebbi Simeon ben Eleazar says, one returns it to the Land and removes it, as it is written (Lev. 25:7): ‘In your Land shall all its produce be food.’ ”147Tosephta 5:1. In the Tosephta, the opinion of R. Simeon is attributed to Rebbi, in the Babli (Pesaḥim 52b) it is anonymous. In the Land, the produce has to be removed (e. g., by being given away to the poor to be eaten) if nothing of its kind is left on the fields for wild animals. Rebbi Jacob bar Aḥa said, Rebbi Immi taught following the first Tanna for leniency148In the Babli, this ruling is attributed to R. Abbahu.. Rebbi Hila said, but he should not move it from place to place149When the time of removal comes, the produce should be destroyed at its place since Sabbatical fruit must be eaten in the Land. According to Rashi in Pesaḥim, everybody will agree that the produce may be returned to the Land to be given to the local poor..

It was stated: “Produce of the Land that was exported is removed at its place, the words of Rebbi Simeon. Rebbi Simeon ben Eleazar says, one returns it to the Land and removes it, as it is written (Lev. 25:7): ‘In your Land shall all its produce be food.’ ”147Tosephta 5:1. In the Tosephta, the opinion of R. Simeon is attributed to Rebbi, in the Babli (Pesaḥim 52b) it is anonymous. In the Land, the produce has to be removed (e. g., by being given away to the poor to be eaten) if nothing of its kind is left on the fields for wild animals. Rebbi Jacob bar Aḥa said, Rebbi Immi taught following the first Tanna for leniency148In the Babli, this ruling is attributed to R. Abbahu.. Rebbi Hila said, but he should not move it from place to place149When the time of removal comes, the produce should be destroyed at its place since Sabbatical fruit must be eaten in the Land. According to Rashi in Pesaḥim, everybody will agree that the produce may be returned to the Land to be given to the local poor..

6:4:7

תַּמָּן תַּנִּינָן אֲרִיסְטוֹן הֵבִיאו בִּיכּוּרִים מֵאִיסְפַּמֵּיָא וְקִיבְּלוּ מִמֶּנּוּ. וְיָבִיא תְרוּמָה. אָמַר רִבִּי הוֹשַׁעְיָה בִּיכּוּרִים בַּאֲחֵרַיּוּת בַּעֲלִים. תְּרוּמָה אֵינָה בַּאֲחֵרַיּוּת בַּעֲלִים. אִם אָמַר אַתְּ כֵּן אַף הֵן מְרַדְּפִין אַחֲרֵיהֶם לְשָׁם.

There151Mishnah Ḥallah 4:12. There, the text is better, אפמיא Apamea in Syria. In the Babli in particular, Apamea is usually given as איספמיא which occasionally means “Spain”., we have stated: “Ariston brought First Fruits152Deut. 26:1–11. The text makes it quite clear that the obligation of bringing First Fruits is discharged only upon delivery of the fruits in the Temple courtyard. Heave is given to the Cohen from the barn; the transport is at the Cohen’s expense. If heave from Syria were acceptable, a Cohen might be tempted to leave the Land for Syria to collect heave from the Jews there. from Apamea and they received them from him.” Why could he not bring heave? Rebbi Hoshaia said, First Fruits are the responsibility of the owners, heave is not the responsibility of the owners. If you would say so, they would run after it there.

There151Mishnah Ḥallah 4:12. There, the text is better, אפמיא Apamea in Syria. In the Babli in particular, Apamea is usually given as איספמיא which occasionally means “Spain”., we have stated: “Ariston brought First Fruits152Deut. 26:1–11. The text makes it quite clear that the obligation of bringing First Fruits is discharged only upon delivery of the fruits in the Temple courtyard. Heave is given to the Cohen from the barn; the transport is at the Cohen’s expense. If heave from Syria were acceptable, a Cohen might be tempted to leave the Land for Syria to collect heave from the Jews there. from Apamea and they received them from him.” Why could he not bring heave? Rebbi Hoshaia said, First Fruits are the responsibility of the owners, heave is not the responsibility of the owners. If you would say so, they would run after it there.

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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