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9:3:1

משנה: הַמְנַכֵּשׁ עִם הַנָּכְרִי בְחִסִּיּוֹת אַף עַל פִּי שֶׁפֵּירוֹתָיו טֵבֵל אוֹכֵל מֵהֶן עֲרַאי. שְׁתִלֵי תְרוּמָה שֶׁנִּיטְמְאוּ שְׁתָלָן טָהֲרוּ מִלְּטַמֵּא וַאֲסוּרִין מִלּוֹכַל עַד שֶיִּגּוֹם אֶת הָאוֹכֶל. רִבִּי יְהוּדָה אוֹמֵר עַד שֶיִּגּוֹם וִישַׁנֶּה.

MISHNAH: He who weeds with a Non-Jew among bulb plants89Defined by the Tosephta (9:3) as arum, garlic, onions, and leeks; cf. Kilaim Chapter 2, Note 126., even though his vegetables are ṭevel one may eat a snack from them90A snack can be eaten from anything that grows until it is harvested in bulk and ready for storage. This Tanna holds that a Gentile’s real estate in the Holy Land is still subject to the obligations of heave and tithes before Jews may eat from its yield (cf. Peah Chapter 4, Notes 129–131).. Saplings of heave that became impure91They are forbidden as food and should have been burned. if planted become pure not to transmit impurity92Nothing in the ground can be impure. But nevertheless impure heave is forbidden as food and, since the growth from heave is heave, this prohibition is transmitted to the new growth. This is the interpretation of Maimonides (Terumot 11:23). R. Abraham ben David holds that once the impurity has been removed, the heave becomes food for Cohanim. His opinion is well supported in the Babli (Menaḥot 70a) which quotes as a Mishnah the statement that nothing connected to the ground can be heave. That statement is not in the Mishnah texts and is incompatible with the Yerushalmi here (Notes 99 ff.).
For the anonymous Tanna, the second growth is permitted, for R. Jehudah the third growth.
but they remain forbidden to be eaten until he removes what is edible93And burns it.. Rebbi Jehudah says, until he removes a second time.

MISHNAH: He who weeds with a Non-Jew among bulb plants89Defined by the Tosephta (9:3) as arum, garlic, onions, and leeks; cf. Kilaim Chapter 2, Note 126., even though his vegetables are ṭevel one may eat a snack from them90A snack can be eaten from anything that grows until it is harvested in bulk and ready for storage. This Tanna holds that a Gentile’s real estate in the Holy Land is still subject to the obligations of heave and tithes before Jews may eat from its yield (cf. Peah Chapter 4, Notes 129–131).. Saplings of heave that became impure91They are forbidden as food and should have been burned. if planted become pure not to transmit impurity92Nothing in the ground can be impure. But nevertheless impure heave is forbidden as food and, since the growth from heave is heave, this prohibition is transmitted to the new growth. This is the interpretation of Maimonides (Terumot 11:23). R. Abraham ben David holds that once the impurity has been removed, the heave becomes food for Cohanim. His opinion is well supported in the Babli (Menaḥot 70a) which quotes as a Mishnah the statement that nothing connected to the ground can be heave. That statement is not in the Mishnah texts and is incompatible with the Yerushalmi here (Notes 99 ff.).
For the anonymous Tanna, the second growth is permitted, for R. Jehudah the third growth.
but they remain forbidden to be eaten until he removes what is edible93And burns it.. Rebbi Jehudah says, until he removes a second time.

9:3:2

הלכה: רַב חִיָיא בַּר אַשִּׁי בְשֵׁם רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן דְּרִבִּי שִׁמְעוֹן הִיא. אִין כְּרִבִּי שִׁמְעוֹן לָמָּה לִי עֲרַאי אֲפִילוּ קֶבַע. אֶלָּא בְגִין דְּאָמַר רִבִּי יִרְמְיָה רִבִּי חִיָיה בְשֵׁם רִבִּי יוֹחָנַָן מוֹדֶה רִבִּי שִׁמְעוֹן שֶׁהוּא מַפְרִישׁ מַעְשְׂרוֹתָיו מֵהֲלָכָה לְפוּם כֵּן צָרְכִינָן מֵימַר דְּרִבִּי שִׁמְעוֹן הִיא.

HALAKHAH: Rav Ḥiyya bar Ashi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi Simeon94Who with R. Jehudah holds that Gentiles’ possessions in the Land are free from obligations of heave and tithes. Since R. Jehudah and R. Simeon are greater authorities than R. Meïr who holds that Gentiles’ possessions are subject to heave and tithes, it is difficult to understand the Mishnah following our rules.. If it follows Rebbi Joḥanan, even a full meal! But since Rebbi Jeremiah, Rebbi Ḥiyya said in the name of Rebbi Joḥanan95Demay Chapter 3, Note 132.: Rebbi Simeon agrees that nevertheless he must separate tithes as a matter of practice; therefore we have to say that this follows Rebbi Simeon96The rule given by the Mishnah is rabbinical; for R. Meir it would be biblical..

HALAKHAH: Rav Ḥiyya bar Ashi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi Simeon94Who with R. Jehudah holds that Gentiles’ possessions in the Land are free from obligations of heave and tithes. Since R. Jehudah and R. Simeon are greater authorities than R. Meïr who holds that Gentiles’ possessions are subject to heave and tithes, it is difficult to understand the Mishnah following our rules.. If it follows Rebbi Joḥanan, even a full meal! But since Rebbi Jeremiah, Rebbi Ḥiyya said in the name of Rebbi Joḥanan95Demay Chapter 3, Note 132.: Rebbi Simeon agrees that nevertheless he must separate tithes as a matter of practice; therefore we have to say that this follows Rebbi Simeon96The rule given by the Mishnah is rabbinical; for R. Meir it would be biblical..

9:3:3

תַּנֵּי הַמְנַכֵּשׁ עִם הַכּוּתִי מוּתָּר בִּדְמַאי. הָא בְּוַדַּאי לֹא. לָמָּה. שֶׁהַדְּמַאי בָטֵל בִּמְחוּבָּר לְקַרְקַע וְאֵין גִּידּוּלֵי אִיסּוּר מַעֲלִין אוֹתוֹ.

It was stated: Demay is permitted to him who weeds with a Samaritan97On the Samaritan’s property. If he only suspects the Samaritan not to have tithed the plants used to produce the seeds, he may eat snacks from the fruits but not if he is sure that the Samaritan used untithed fruit. One has to wonder about the entire paragraph since Samaritans are Sadducees following only the written law. For them, the only produce subject to heave and tithes are grains, grapes, and olives. Therefore, Samaritan onions, etc., are certainly not tithed. This is the position of the Tosephta (8:7) which treats all Samaritan bulb plants as growths from ṭevel except after a Sabbatical year.. Therefore, not if it is certain! Why? For demay disappears when it is in the ground but the growth of forbidden produce98If the seeds were certain ṭevel, the new growth goes under the rules of Mishnah 6. cannot lift it.

It was stated: Demay is permitted to him who weeds with a Samaritan97On the Samaritan’s property. If he only suspects the Samaritan not to have tithed the plants used to produce the seeds, he may eat snacks from the fruits but not if he is sure that the Samaritan used untithed fruit. One has to wonder about the entire paragraph since Samaritans are Sadducees following only the written law. For them, the only produce subject to heave and tithes are grains, grapes, and olives. Therefore, Samaritan onions, etc., are certainly not tithed. This is the position of the Tosephta (8:7) which treats all Samaritan bulb plants as growths from ṭevel except after a Sabbatical year.. Therefore, not if it is certain! Why? For demay disappears when it is in the ground but the growth of forbidden produce98If the seeds were certain ṭevel, the new growth goes under the rules of Mishnah 6. cannot lift it.

9:3:4

רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן שִׁיתְלֵי תְרוּמָה שֶׁנִּטְמֵאת שְׁתָלָן וְעוֹשֶׂה אוֹתָן תְּרוּמָה. וְאִם הָיוּ תְרוּמָה מֵעִיקָּרָן כְּבַר נִדְחוּ. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן מַיִם שֶׁנִּיטְמְאוּ מַשִּׁיקָן וְעוֹשֶׂה אוֹתָן מֵי חָג וְאִם הָיוּ מֵי חָג מֵעִיקָּרָן כְּבַר נִדְחוּ. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן תְּאֵנִים וַעֲנָבִים שֶׁנִּיטְמְאוּ סוֹחְטָן וְעוֹשֶה אוֹתָן תְּרוּמָה. וְאִם הָיוּ תְרוּמָה מֵעִיקָּרָן כְּבַר נִדְחוּ. רִבִּי זְעִירָא רִבִּי יַסָּא בְשֵׁם רִבִּי לָעְזָר סוֹחְטָן עַד פָּחוֹת מִכְּזֵיתִים וְיֵינוֹ כָּשֵׁר אֲפִילוּ לִנְסָכִים. אָמְרִין רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ פְּלִיג. מַה בֵּין לְקוּלָּא בֵין לְחוּמְרָא. אִין תֵּימַר לְקוּלָּא נִיחָא. אִין תֵּימַר לְחוּמְרָא הָא תַנִּינָן עַד שֶיִּגּוֹם אֶת הָאוֹכָלִים.

Rebbi Abbahu in the name of Rebbi Joḥanan: Saplings of heave that had become impure he may plant and make them heave but if they were heave from before they already were pushed aside99If they were impure and he planted them to free them from impurity, he may then declare the growth to be heave and it is permitted for Cohanim. But if it was impure heave before planting, the new growth cannot be eaten by anybody (Note 92).. Rebbi Abbahu in the name of Rebbi Joḥanan: Water that became impure is made to touch and may be used as water for Tabernacles but if it was water for Tabernacles from before it already is pushed aside100Flowing water or standing water of at least 40 seah removes impurity (Chapter 4, Note 112). Impure water in a vessel can be purified by immersing the vessel in a miqweh so that the surface of the water in the vessel barely touches (“kisses”) the water of the miqweh. Water of Tabernacles is the water used as a libation on the altar (Ševi‘it Chapter 1, Notes 51–52). Before being used, it has to be dedicated in a Temple vessel.
The Babli (Pesaḥim 34b) concludes from the parallel treatment of heave and libations that dedication in or for the Temple is as strong and permanent a designation as heave.
. Rebbi Abbahu in the name of Rebbi Joḥanan: Figs and grapes that had become impure one may squeeze and make them heave but if they were heave from before they already were pushed aside101Grape juice is considered a new food; if there is less than the volume of a chicken egg, the fluid cannot accept impurity. But if the grapes were impure heave, they are not food and no food can come from them. Grape juice squeezed from these grapes is not a drink, pure or impure.. Rebbi Zeïra, Rebbi Assi, in the name of Rebbi Eleazar, one squeezes less than the volume of olives102An indefinite plural means 2, as smallest integer >1 [cf. H. Guggenheimer, Seder Olam (Northvale NJ 1998), p. 6]. Since a chicken egg is not smaller than the convex hull of two olives touching one another (Tosaphot Yešenim Yoma 80a), squeezing not more than the volume of two olives will keep the volume safely below the minimal volume that might lead to impurity. The Babli (Pesaḥim 34b) does not define what is “less than the volume of a chicken egg.” and his wine is good even for libations. They said, Rebbi Simeon ben Laqish disagrees. Both about leniency and restriction? If you say about leniency, this is understandable103R. Simeon ben Laqish does not agree that juice squeezed from a fruit becomes a new kind of food; it is the fluid form of the previous fruit and remains impure even if squeezed in amounts less than a chicken egg.. If you say about restriction104R. Simeon ben Laqish cannot deny that impure heave remains forbidden as food for everybody; even if he would accept the trick of squeezing small quantities he could not accept that this would make impure heave drinkable., did we not state: “Until he removes what is edible?”

Rebbi Abbahu in the name of Rebbi Joḥanan: Saplings of heave that had become impure he may plant and make them heave but if they were heave from before they already were pushed aside99If they were impure and he planted them to free them from impurity, he may then declare the growth to be heave and it is permitted for Cohanim. But if it was impure heave before planting, the new growth cannot be eaten by anybody (Note 92).. Rebbi Abbahu in the name of Rebbi Joḥanan: Water that became impure is made to touch and may be used as water for Tabernacles but if it was water for Tabernacles from before it already is pushed aside100Flowing water or standing water of at least 40 seah removes impurity (Chapter 4, Note 112). Impure water in a vessel can be purified by immersing the vessel in a miqweh so that the surface of the water in the vessel barely touches (“kisses”) the water of the miqweh. Water of Tabernacles is the water used as a libation on the altar (Ševi‘it Chapter 1, Notes 51–52). Before being used, it has to be dedicated in a Temple vessel.
The Babli (Pesaḥim 34b) concludes from the parallel treatment of heave and libations that dedication in or for the Temple is as strong and permanent a designation as heave.
. Rebbi Abbahu in the name of Rebbi Joḥanan: Figs and grapes that had become impure one may squeeze and make them heave but if they were heave from before they already were pushed aside101Grape juice is considered a new food; if there is less than the volume of a chicken egg, the fluid cannot accept impurity. But if the grapes were impure heave, they are not food and no food can come from them. Grape juice squeezed from these grapes is not a drink, pure or impure.. Rebbi Zeïra, Rebbi Assi, in the name of Rebbi Eleazar, one squeezes less than the volume of olives102An indefinite plural means 2, as smallest integer >1 [cf. H. Guggenheimer, Seder Olam (Northvale NJ 1998), p. 6]. Since a chicken egg is not smaller than the convex hull of two olives touching one another (Tosaphot Yešenim Yoma 80a), squeezing not more than the volume of two olives will keep the volume safely below the minimal volume that might lead to impurity. The Babli (Pesaḥim 34b) does not define what is “less than the volume of a chicken egg.” and his wine is good even for libations. They said, Rebbi Simeon ben Laqish disagrees. Both about leniency and restriction? If you say about leniency, this is understandable103R. Simeon ben Laqish does not agree that juice squeezed from a fruit becomes a new kind of food; it is the fluid form of the previous fruit and remains impure even if squeezed in amounts less than a chicken egg.. If you say about restriction104R. Simeon ben Laqish cannot deny that impure heave remains forbidden as food for everybody; even if he would accept the trick of squeezing small quantities he could not accept that this would make impure heave drinkable., did we not state: “Until he removes what is edible?”

9:3:5

רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן כֵּינִי מַתְנִיתָא עַד שֶׁיִּגּוֹם בֶּעָלִים וִישַׁנֶּה.

Rebbi Abbahu in the name of Rebbi Joḥanan: so is the Mishnah, “until he removes the leaves a second time.105”

Rebbi Abbahu in the name of Rebbi Joḥanan: so is the Mishnah, “until he removes the leaves a second time.105”

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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