Talmud Yerushalmi
Yerushalmi Terumot 6:3 ירושלמי תרומות ו׳:ג׳
Part of: Chapter 6
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משנה: רִבִּי אֱלִיעֶזֶר אוֹמֵר מְשַׁלְּמִין מִמִּין עַל מִין שֶׁאֵינוֹ מִינוֹ בִּלבַד שֶׁיְּשַׁלֵּם מִן הַיָּפֶה עַל הָרַע וְרִבִּי עֲקִיבָה אוֹמֵר אֵין מְשַׁלְּמִין אֶלָּא מִמִּין עַל מִינוֹ. לְפִיכָךְ אִם אָכַל קִשּׁוּאִין שֶׁל עֶרֶב שְׁבִיעִית יַמְתִּין לְקִשּׁוּאִין שֶׁל מוֹצָאֵי שְׁבִיעִית וִישַׁלֵּם מֵהֶן. מִמָּקוֹם שֶׁרִבִּי אֱלִיעֶזֶר מֵיקֵל מִשָּׁם רִבִּי עֲקִיבָה מַחְמִיר שֶׁנֶּאֱמַר וְנָתַן לַכֹּהֵן אֶת הַקּוֹדֶשׁ כָּל שֶׁהוּא רָאוּי לֵעָשׂוֹת קוֹדֶשׁ דִּבְרֵי רִבִּי אֱלִיעֶזֶר וְרִבִּי עֲקִיבָה אוֹמֵר וְנָתַן לַכֹּהֵן אֶת הַקּוֹדֶשׁ קוֹדֶשׁ שֶׁאָכַל.
MISHNAH: Rebbi Eliezer says, one repays from one kind for another kind which is not the same, on condition that he repay with better quality for worse, but Rebbi Aqiba says, one only repays from one kind for its own.
Therefore, if one ate green melon of the year before the Sabbatical, he should wait for green melons of the year following the Sabbatical and repay from them80Sabbatical produce is all consecrated and cannot be used, even for those kinds that legally can be tended on private plots, or spontaneous growth which is forbidden by rabbinic decree.. From the verse which Rebbi Eliezer reads to be lenient, from there Rebbi Aqiba is restrictive, since it is said (Lev. 22:14): “He hands over the consecrated food to the Cohen,” anything that may be consecrated, the words of Rebbi Eliezer. But Rebbi Aqiba says, “he hands over the consecrated food to the Cohen,” the consecrated food he himself ate.
MISHNAH: Rebbi Eliezer says, one repays from one kind for another kind which is not the same, on condition that he repay with better quality for worse, but Rebbi Aqiba says, one only repays from one kind for its own.
Therefore, if one ate green melon of the year before the Sabbatical, he should wait for green melons of the year following the Sabbatical and repay from them80Sabbatical produce is all consecrated and cannot be used, even for those kinds that legally can be tended on private plots, or spontaneous growth which is forbidden by rabbinic decree.. From the verse which Rebbi Eliezer reads to be lenient, from there Rebbi Aqiba is restrictive, since it is said (Lev. 22:14): “He hands over the consecrated food to the Cohen,” anything that may be consecrated, the words of Rebbi Eliezer. But Rebbi Aqiba says, “he hands over the consecrated food to the Cohen,” the consecrated food he himself ate.
הלכה: הָא כֵּיצַד אָכַל יָרָק וְשִׁילֵּם גְּרוֹגְרוֹת. גְּרוֹגְרוֹת וְשִׁילֵּם תְּמָרִים תָּבוֹא לוֹ בְּרָכָה. אָכַל בִּיכּוּרִים מָהוּ מְשַׁלֵּם. אָכַל עֲנָבִים מְשַׁלֵם יַיִן זֵתִים מְשַׁלֵם שֶׁמֶן. אָכַל חַלָּה מָהוּ שֶׁיְּשַׁלֵּם מִפֵּירוֹת שֶׁלֹּא הֵבִיאוּ שְׁלִישׁ שֶׁכֵּן פֵּירוֹת שֶׁלֹּא הֵבִיאוּ שְׁלִישׁ חַיָיבִין בְּחַלָּה. אָכַל בִּיכּוּרִים מָהוּ שֶׁיְּשַׁלֵּם בִּמְחוּבָּר לְקַרְקַע שֶׁכֵּן הַבִּיכּוּרִים נִקְנִין בִּמְחוּבָּר לְקַרְקַע.
HALAKHAH: How is this? If he ate vegetable and repaid a dried fig, a dried fig and repaid dates, a blessing should come to him81This follows R. Eliezer as is clear from Sifra Emor Pereq 6(6): “From where that one only repays from one kind for its own? The verse says ‘he hands over the consecrated food to the Cohen,’ therefore, if one ate green melon of the year before the Sabbatical, he should wait for green melons of the year following the Sabbatical and repay from them, the words of R. Aqiba. Rebbi Eliezer says, one repays from one kind for another kind which is not the same, on condition that he repay with better quality for worse. How is this? If he ate a dried fig and repaid dates, a blessing should come to him.” This is partially quoted in Babli Eruvin 29b, Pesaḥim 32a, in a discussion about whether heave has to be repaid by value or by volume.. If he ate first fruits82They are subject to the rules of repayment of heave, Mishnah Bikkurim2:1., what can he repay? If he ate grapes, he repays wine, olives he repays oil. If he ate ḥallah, may he repay with produce not yet one-third ripe since produce not yet one-third ripe is subject to ḥallah83This question follows R. Aqiba since in the Mishnah (Ḥallah 1:3) which states that flour made from unripe grain is free from tithes but subject to ḥallah; R. Eliezer dissents and frees it from ḥallah. In matters of repayment, ḥallah follows the rules of heave (Mishnah Ḥallah 1:9).? If he ate first fruits, may he repay with what is still connected to the ground since first fruits acquire their status while connected to the ground?
HALAKHAH: How is this? If he ate vegetable and repaid a dried fig, a dried fig and repaid dates, a blessing should come to him81This follows R. Eliezer as is clear from Sifra Emor Pereq 6(6): “From where that one only repays from one kind for its own? The verse says ‘he hands over the consecrated food to the Cohen,’ therefore, if one ate green melon of the year before the Sabbatical, he should wait for green melons of the year following the Sabbatical and repay from them, the words of R. Aqiba. Rebbi Eliezer says, one repays from one kind for another kind which is not the same, on condition that he repay with better quality for worse. How is this? If he ate a dried fig and repaid dates, a blessing should come to him.” This is partially quoted in Babli Eruvin 29b, Pesaḥim 32a, in a discussion about whether heave has to be repaid by value or by volume.. If he ate first fruits82They are subject to the rules of repayment of heave, Mishnah Bikkurim2:1., what can he repay? If he ate grapes, he repays wine, olives he repays oil. If he ate ḥallah, may he repay with produce not yet one-third ripe since produce not yet one-third ripe is subject to ḥallah83This question follows R. Aqiba since in the Mishnah (Ḥallah 1:3) which states that flour made from unripe grain is free from tithes but subject to ḥallah; R. Eliezer dissents and frees it from ḥallah. In matters of repayment, ḥallah follows the rules of heave (Mishnah Ḥallah 1:9).? If he ate first fruits, may he repay with what is still connected to the ground since first fruits acquire their status while connected to the ground?
רִבִּי אָבִין בְּשֵׁם רַבָּנִין דְּתַמָּן זֹאת אוֹמֶרֶת שֶׁאֵין מְשַׁלְּמִין מִפֵּירוֹת חוּצָה לָאָרֶץ וַאֲפִילוּ תֵימַר מְשַׁלְּמִין מַתְנִיתִן עַד שֶׁלֹּא הִתִּיר רִבִּי לְהָבִיא יָרָק מֵחוֹצָה לָאָרֶץ לָאָרֶץ. לֹא אָמַר אֶלָּא קִישּׁוּאִין. דָּבָר שֶׁהוּא פֵּירוֹת אִיסּוּר. אֲבָל דָּבָר שֶׁהוּא פֵּירוֹת הֵיתֵר לֹא. שֶׁאִם אָמַר אַתְּ כֵּן לֹא נִמְצָא לוֹקֵחַ לוֹ קוֹרְדּוֹם מִדְּמֵי שְׁבִיעִית.
84Here starts the discussion of Mishnah 7. Rabbi Abin in the name of the rabbis from there: This means that one may not repay with produce from outside the Land85If one cannot repay during the Sabbatical, this means that no non-Sabbatical fruit is available. Since the only permitted use of Sabbatical produce is consumption, one may not pay his debts with Sabbatical fruit.. Even if you say one may repay, our Mishnah is from before Rebbi permitted the import of vegetables from outside the Land86Mishnah Ševi‘it 6:4.. He mentioned only green melons which are forbidden produce. But not permitted produce87For example fruits from trees which do not require yearly trimming and fertilizing., because if you say so, does it not turn out that he buys himself an axe from Sabbatical money88By liquidating his debts with Sabbatical produce.?
84Here starts the discussion of Mishnah 7. Rabbi Abin in the name of the rabbis from there: This means that one may not repay with produce from outside the Land85If one cannot repay during the Sabbatical, this means that no non-Sabbatical fruit is available. Since the only permitted use of Sabbatical produce is consumption, one may not pay his debts with Sabbatical fruit.. Even if you say one may repay, our Mishnah is from before Rebbi permitted the import of vegetables from outside the Land86Mishnah Ševi‘it 6:4.. He mentioned only green melons which are forbidden produce. But not permitted produce87For example fruits from trees which do not require yearly trimming and fertilizing., because if you say so, does it not turn out that he buys himself an axe from Sabbatical money88By liquidating his debts with Sabbatical produce.?