Study Guide Menachot 67. What is the act that determines the obligation for tithes and for challa? If at the moment of that act, the item was owned by the temple or by a non Jew, is the item exempt from tithes or challa?
Menachot 67
10.16.2018 | ז׳ בחשון תשע״ט
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Menachot 67
גִּלְגּוּל הֶקְדֵּשׁ פּוֹטֵר, דִּתְנַן: הִקְדִּישָׁהּ עִיסָּתָהּ עַד שֶׁלֹּא גִּלְגְּלָה וּפְדָאַתָּה – חַיֶּיבֶת, מִשֶּׁגִּלְגְּלָה וּפְדָאַתָּה – חַיֶּיבֶת, הִקְדִּישָׁהּ עַד שֶׁלֹּא גִּלְגְּלָה, וְגִלְגְּלָהּ הַגִּזְבָּר וְאַחַר כָּךְ פְּדָאַתָּה – פְּטוּרָה, שֶׁבִּשְׁעַת חוֹבָתָהּ הָיְתָה פְּטוּרָה.
Rava adds: The kneading of consecrated dough exempts it from the obligation of ḥalla, as we learned in a mishna (Ḥalla 3:3): If a woman consecrated her dough before she kneaded it and she subsequently redeemed it, she is obligated to separate ḥalla. Likewise, if she consecrated it after she kneaded it and then she redeemed it, she is obligated to separate ḥalla. But if she consecrated the dough before she kneaded it and the Temple treasurer kneaded it and then she subsequently redeemed it, she is exempt. The reason is that at the time that its obligation in ḥalla would have taken effect, i.e., at the time of its kneading, it was exempt, because it was Temple property.
בָּעֵי רָבָא: גִּלְגּוּל גּוֹי מַאי? מִיתְנָא תְּנַן: גֵּר שֶׁנִּתְגַּיֵּיר וְהָיְתָה לוֹ עִיסָּה, נַעֲשֵׂית עַד שֶׁלֹּא נִתְגַּיֵּיר – פָּטוּר, מִשֶּׁנִּתְגַּיֵּיר – חַיָּיב, סָפֵק – חַיָּיב.
Rava raises a dilemma: If dough was kneaded while in the possession of a gentile, what is its status? Is one who acquires it after it has been kneaded obligated to separate ḥalla from it or not? The Gemara answers that this is taught explicitly, as we learned in a mishna (Ḥalla 3:6): With regard to a convert who converted and had dough in his possession, if it was prepared before he converted, he is exempt from the obligation of ḥalla. If it was prepared after he converted, he is obligated. If he is uncertain, he is obligated.
הָא מַאן קָתָנֵי לַהּ? דִּבְרֵי הַכֹּל הִיא, וַאֲפִילּוּ רַבִּי מֵאִיר וְרַבִּי יְהוּדָה דְּקָמְחַיְּיבִי הָתָם – פָּטְרִי הָכָא.
The Gemara asks: Of the Sages who disagreed with regard to the obligation to tithe grain that is smoothed by a gentile, who taught this mishna with regard to ḥalla? Perhaps it is a ruling upon which everyone agrees, and even Rabbi Meir and Rabbi Yehuda, who obligate there, in the case of tithes, exempt here in the case of ḥalla.
הָתָם הוּא, דִכְתִיב ״דְּגָנְךָ״, ״דְּגָנְךָ״ יַתִּירָא.
The Gemara explains this possibility. There are three verses written with regard to teruma that contain the term “your grain.” They are: “You may not eat within your gates the tithe of your grain” (Deuteronomy 12:17); “And you shall eat before the Lord your God…the tithe of your grain” (Deuteronomy 12:17); and “The first fruits of your grain…you shall give him” (Deuteronomy 18:4). It can therefore be claimed that only there Rabbi Meir and Rabbi Yehuda hold that one is obligated to separate tithes from grain that was owned by a gentile, as in addition to the first reference to “your grain,” which excludes grain that was smoothed while in the Temple’s possession, it is written an additional “your grain,” and then another reference to “your grain.”
הָוֵי מִיעוּט אַחַר מִיעוּט, וְאֵין מִיעוּט אַחַר מִיעוּט אֶלָּא לְרַבּוֹת, אֲפִילּוּ גּוֹי.
The Gemara elaborates: This is an example of a restrictive expression following a restrictive expression. And there is a hermeneutical principle that a restrictive expression following a restrictive expression comes only to include additional cases. In this case, the verses teach that even grain that belonged to gentiles is obligated in the separation of tithes.
אֲבָל הָכָא, תְּרֵי זִימְנֵי ״עֲרִסֹתֵיכֶם״ כְּתִיב, חַד ״עֲרִסֹתֵיכֶם״ כְּדֵי עִיסַּתְכֶם, וְחַד ״עֲרִסֹתֵיכֶם״ וְלֹא עִיסַּת גּוֹיִם וְלֹא עִיסַּת הֶקְדֵּשׁ.
But here, with regard to the obligation to separate ḥalla, the term “your dough” is written only twice: “Of the first of your dough you shall set apart a cake for a gift; as that which is set apart of the threshing floor, so shall you set it apart. Of the first of your dough you shall give to the Lord a portion for a gift throughout your generations” (Numbers 15:20–21). One reference to “your dough” teaches that one is obligated to separate ḥalla only from an amount equal to your dough in the wilderness, where the mitzva was commanded, i.e., the volume of one omer. And one reference to “your dough” teaches that only the dough of an ordinary Jew is obligated but not the dough of gentiles nor the dough of consecrated property.
אוֹ דִלְמָא רַבִּי יוֹסֵי וְרַבִּי שִׁמְעוֹן קָתָנֵי לַהּ, דְּקָא פָּטְרִי, אֲבָל רַבִּי מֵאִיר וְרַבִּי יְהוּדָה גָּמְרִי ״רֵאשִׁית״ ״רֵאשִׁית״ מֵהָתָם.
The Gemara continues: Or perhaps it is Rabbi Yosei and Rabbi Shimon who taught that mishna, as they maintain that grain that was smoothed by a gentile owner is exempt from the obligation to separate tithes, and likewise dough kneaded by a gentile owner is likewise exempt from the obligation to separate ḥalla. But Rabbi Meir and Rabbi Yehuda derive by way of verbal analogy the halakha with regard to ḥalla, concerning which it is written: “Of the first of your dough,” from the same expression that appears there, with regard to tithes: “The first fruits of your grain.” Just as in the case of tithes they hold that one is obligated to separate the tithes from a pile of grain that was smoothed by a gentile owner, so too they hold that one is obligated to separate ḥalla from dough that was kneaded by a gentile owner.
אָמַר רָבָא: יְהֵא רַעֲוָא דְּאֶחְזְיֵהּ בְּחֶילְמָא. הֲדַר אָמַר רָבָא: מַאן דְּאָמַר מֵירוּחַ הַגּוֹי פּוֹטֵר – גִּלְגּוּל הַגּוֹי פּוֹטֵר, מַאן דְּאָמַר מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר – גִּלְגּוּל הַגּוֹי אֵינוֹ פּוֹטֵר.
Rava said: May it be God’s will that I see the answer to my question in a dream. Rava then said: The one who says that the smoothing of a grain pile by its gentile owner exempts a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by its gentile owner exempts a future Jewish owner from any obligation to separate ḥalla. So too the one who says that the smoothing of a grain pile by a gentile owner does not exempt a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by a gentile owner does not exempt a future Jewish owner from the obligation to separate ḥalla.
אֵיתִיבֵיהּ רַב פָּפָּא לְרָבָא: גּוֹי שֶׁהִפְרִישׁ פֶּטֶר חֲמוֹר וְחַלָּה, מוֹדִיעִים אוֹתוֹ שֶׁהוּא פָּטוּר, וְחַלָּתוֹ נֶאֱכֶלֶת לְזָרִים, וּפֶטֶר חֲמוֹר גּוֹזֵז וְעוֹבֵד בּוֹ.
Rav Pappa raised an objection to Rava from a baraita (Tosefta, Terumot 4:13): With regard to a gentile who separated a lamb in order to redeem a firstborn donkey, or if he separated ḥalla from dough that he kneaded, one informs him that he is exempt from these obligations and his ḥalla may be eaten by non-priests and the lamb designated to redeem his firstborn donkey may be sheared and worked.
הָא תְּרוּמָתוֹ אֲסוּרָה, וְהָא הַאי תַּנָּא דְּאָמַר: מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר, וְגִלְגּוּל גּוֹי פּוֹטֵר.
One can infer: But if a gentile separated teruma, the portion of the produce designated for the priest, from a grain pile that he smoothed, his teruma is prohibited to a non-priest. And this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, as the same halakhot apply to tithes as to teruma, and yet he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate ḥalla. This refutes Rava’s conclusion that one who holds that there is an exemption in the case of tithes likewise holds that an exemption applies to ḥalla.
וְעוֹד אֵיתִיבֵיהּ רָבִינָא לְרָבָא: חַלַּת גּוֹי בָּאָרֶץ, וּתְרוּמָתוֹ בְּחוּצָה לָאָרֶץ – מוֹדִיעִין אוֹתוֹ שֶׁהוּא פָּטוּר, חַלָּתוֹ נֶאֱכֶלֶת לְזָרִים, וּתְרוּמָתוֹ אֵינָהּ מְדַמַּעַת. הָא תְּרוּמָתוֹ בָּאָרֶץ – אֲסוּרָה וּמְדַמַּעַת.
And Ravina further raised an objection to Rava from a baraita: With regard to ḥalla of a gentile that he separated after kneading his dough in Eretz Yisrael, or his teruma that he separated after smoothing his pile of grain outside Eretz Yisrael, in both cases one informs him that he is exempt from those obligations and his ḥalla may be eaten by non-priests and his teruma does not render a mixture prohibited if it becomes mixed with non-sacred produce. One can infer: But his teruma from his grain in Eretz Yisrael is prohibited to non-priests and renders a mixture prohibited if it becomes mixed with non-sacred produce.
וְהָא הַאי תַּנָּא דְּאָמַר: מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר, גִּלְגּוּל הַגּוֹי פּוֹטֵר!
The Gemara explains the objection: And again this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, and nevertheless he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate ḥalla.
מִדְּרַבָּנַן, גְּזֵירָה מִשּׁוּם בַּעֲלֵי כִיסִים.
The Gemara answers: This ruling that the smoothing of a grain pile by its gentile owner does not exempt it from the obligations of teruma and tithes applies only by rabbinic law. By Torah law, the smoothing of a grain pile by its gentile owner does exempt it from the obligation to separate teruma and tithes. The Sages enacted a decree due to the schemes of people of means. There was a fear that conniving merchants might temporarily transfer ownership of their produce to gentiles while the piles were smoothed, after which the gentiles would return them to their possession, thereby circumventing the obligation to separate teruma and tithes.
אִי הָכִי, אֲפִילּוּ חָלָה נָמֵי? אֶפְשָׁר דְּאָפֵי לָהּ פָּחוֹת מֵחֲמֵשֶׁת רְבָעִים קֶמַח, וְעוֹד.
The Gemara asks: If so, then ḥalla should be subject to the same rabbinic decree as well, to prevent someone from circumventing their obligation to separate ḥalla by temporarily selling their dough to a gentile who will knead it and return it to them. Why then does the baraita teach that dough kneaded by a gentile owner is exempt? The Gemara answers: There is no need for a decree in this case, since if one wanted to circumvent his obligation to separate ḥalla from his dough, an easier method is available: It is possible for him to bake using less than five-fourths of a kav of flour and a bit more, the minimum amount necessitating the separation of ḥalla.
תְּרוּמָה נָמֵי, אֶפְשָׁר דְּעָבֵיד לַהּ כִּדְרַבִּי אוֹשַׁעְיָא? דְּאָמַר רַבִּי אוֹשַׁעְיָא: מַעֲרִים אָדָם עַל תְּבוּאָתוֹ וּמַכְנִיסָהּ בַּמּוֹץ שֶׁלָּהּ, כְּדֵי שֶׁתְּהֵא בְּהֶמְתּוֹ אוֹכֶלֶת וּפְטוּרָה מִן הַמַּעֲשֵׂר. אִי נָמֵי, דְּעַיֵּיל לַהּ דֶּרֶךְ גַּגּוֹת וְדֶרֶךְ קַרְפֵּיפוֹת?
The Gemara asks: If so, why is there a need for a rabbinic decree with regard to teruma and tithes? The obligation to separate teruma and tithes can also be easily circumvented by acting in accordance with that which Rabbi Oshaya suggested, as Rabbi Oshaya says: A person can employ artifice to circumvent obligations incumbent upon him in dealing with his grain, and exempt himself by bringing it into his courtyard in its chaff so that his animal may eat from it. And this grain is exempt from teruma and tithes. Although the obligation to separate teruma from and to tithe produce that has been fully processed applies even to animal fodder, it is permitted to feed one’s animal untithed produce that has not been fully processed. Alternatively, another option of avoiding the obligation of teruma and tithes is to bring in the produce to his house by way of roofs or by way of enclosures [karpeifot]. The obligation of teruma and tithes applies only to produce that passes through the entrance of the house.
הָתָם בְּפַרְהֶסְיָא, זִילָא בֵּיהּ מִילְּתָא; הָכָא בְּצִינְעָא, לָא זִילָא בֵּיהּ מִילְּתָא.
The Gemara answers: There, in the case of teruma and tithes, the two options of bringing in the grain in its chaff or by way of roofs are performed in public [befarhesya], and it is degrading for one to be seen circumventing his obligation. Consequently, one who wishes to avoid the obligation would prefer the option of transferring ownership to a gentile, which the Sages prevent with their decree. Here, in the case of ḥalla, the option of baking with less than the minimum quantity of flour to avoid being obligated to separate ḥalla from the dough is performed in private, and it is not degrading for him, and he would sooner take advantage of that option than go through the process of transferring the dough to a gentile. Therefore, the Sages did not apply their decree in this case.
מַתְנִי׳ בָּא לוֹ לָעִשָּׂרוֹן, נָתַן עָלָיו שַׁמְנוֹ וּלְבוֹנָתוֹ, יָצַק וּבָלַל, הֵנִיף וְהִגִּישׁ, קָמַץ וְהִקְטִיר, וְהַשְּׁאָר נֶאֱכָל לַכֹּהֲנִים.
MISHNA: After daybreak, the priest sacrificing the omer came to the sifted tenth of an ephah, placed in the vessel in his hand some of its log of oil, and placed its frankincense on the side of the vessel. He then poured some more oil from the log onto the high-quality flour and mixed them together, waved and brought the meal offering to the corner of the altar, and removed the handful and burned it on the altar. And the rest of the meal offering is eaten by the priests.
מִשֶּׁקָּרַב הָעוֹמֶר, יוֹצְאִין וּמוֹצְאִין שׁוּק יְרוּשָׁלַיִם שֶׁהוּא מָלֵא קֶמַח קָלִי, שֶׁלֹּא בִּרְצוֹן חֲכָמִים – דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: בִּרְצוֹן חֲכָמִים הָיוּ עוֹשִׂין.
Once the omer was sacrificed people would emerge and find the marketplace of Jerusalem full of the flour from the parched grain of the new crop that was permitted by the waving and the sacrifice of the omer offering. That filling of the marketplace with the new crop was performed not with the approval of the Sages; this is the statement of Rabbi Meir. Rabbi Yehuda says: They would do so with the approval of the Sages.
גְּמָ׳ וְלָא גָּזַר רַבִּי יְהוּדָה דִּלְמָא אָתֵי לְמֵיכַל מִינֵּיהּ?
GEMARA: The mishna teaches that the marketplaces of Jerusalem would be filled with flour of parched grain even before the sacrificing of the omer offering, and Rabbi Yehuda holds that the Sages approved of this practice. The Gemara asks: And doesn’t Rabbi Yehuda agree that the Sages issued a decree against filling of the marketplaces with grain that is prohibited in consumption at the time? Wasn’t he concerned that perhaps someone might come to eat from it?
וּרְמִינְהוּ: רַבִּי יְהוּדָה אוֹמֵר, בּוֹדְקִין אוֹר אַרְבָּעָה עָשָׂר, וּבְאַרְבָּעָה עָשָׂר שַׁחֲרִית, וּבִשְׁעַת הַבִּיעוּר, וַחֲכָמִים אוֹמְרִים: לֹא בָּדַק כּוּ׳.
And the Gemara raises a contradiction from a mishna (Pesaḥim 10b): Rabbi Yehuda says that one searches for leaven on the evening of the fourteenth of Nisan, and on the fourteenth in the morning, and at the time of the eradication of leaven. And the Rabbis say: That is not the halakha; rather, if one did not search on the evening of the fourteenth he should search on the fourteenth during the day, and if he did not search on the fourteenth, he should search during the festival of Passover. Since Rabbi Yehuda does not allow a search on Passover itself, he is evidently concerned that one who finds prohibited food might come to eat it. The same reasoning should apply in the case of the new crop.
אָמַר רַבָּה: שָׁאנֵי חָדָשׁ,
Rabba says that the prohibition of new grain is different, for the following reason:
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Nancy Kolodny
Newton, United States
I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Oceanside NY, United States
I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!
Anne Mirsky
Maale Adumim, Israel
In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.
Reena Slovin
Worcester, United States
I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.
Leah Herzog
Givat Zev, Israel
I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.
Linda Brownstein
Mitspe, Israel
Robin Zeiger
Tel Aviv, Israel
I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .
Martha Tarazi
Panama, Panama
3 years ago, I joined Rabbanit Michelle to organize the unprecedented Siyum HaShas event in Jerusalem for thousands of women. The whole experience was so inspiring that I decided then to start learning the daf and see how I would go…. and I’m still at it. I often listen to the Daf on my bike in mornings, surrounded by both the external & the internal beauty of Eretz Yisrael & Am Yisrael!
Lisa Kolodny
Raanana, Israel
I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Oceanside NY, United States
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Rebecca Stulberg
Ottawa, Canada
My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Jerusalem, Israel
Menachot 67
גִּלְגּוּל הֶקְדֵּשׁ פּוֹטֵר, דִּתְנַן: הִקְדִּישָׁהּ עִיסָּתָהּ עַד שֶׁלֹּא גִּלְגְּלָה וּפְדָאַתָּה – חַיֶּיבֶת, מִשֶּׁגִּלְגְּלָה וּפְדָאַתָּה – חַיֶּיבֶת, הִקְדִּישָׁהּ עַד שֶׁלֹּא גִּלְגְּלָה, וְגִלְגְּלָהּ הַגִּזְבָּר וְאַחַר כָּךְ פְּדָאַתָּה – פְּטוּרָה, שֶׁבִּשְׁעַת חוֹבָתָהּ הָיְתָה פְּטוּרָה.
Rava adds: The kneading of consecrated dough exempts it from the obligation of ḥalla, as we learned in a mishna (Ḥalla 3:3): If a woman consecrated her dough before she kneaded it and she subsequently redeemed it, she is obligated to separate ḥalla. Likewise, if she consecrated it after she kneaded it and then she redeemed it, she is obligated to separate ḥalla. But if she consecrated the dough before she kneaded it and the Temple treasurer kneaded it and then she subsequently redeemed it, she is exempt. The reason is that at the time that its obligation in ḥalla would have taken effect, i.e., at the time of its kneading, it was exempt, because it was Temple property.
בָּעֵי רָבָא: גִּלְגּוּל גּוֹי מַאי? מִיתְנָא תְּנַן: גֵּר שֶׁנִּתְגַּיֵּיר וְהָיְתָה לוֹ עִיסָּה, נַעֲשֵׂית עַד שֶׁלֹּא נִתְגַּיֵּיר – פָּטוּר, מִשֶּׁנִּתְגַּיֵּיר – חַיָּיב, סָפֵק – חַיָּיב.
Rava raises a dilemma: If dough was kneaded while in the possession of a gentile, what is its status? Is one who acquires it after it has been kneaded obligated to separate ḥalla from it or not? The Gemara answers that this is taught explicitly, as we learned in a mishna (Ḥalla 3:6): With regard to a convert who converted and had dough in his possession, if it was prepared before he converted, he is exempt from the obligation of ḥalla. If it was prepared after he converted, he is obligated. If he is uncertain, he is obligated.
הָא מַאן קָתָנֵי לַהּ? דִּבְרֵי הַכֹּל הִיא, וַאֲפִילּוּ רַבִּי מֵאִיר וְרַבִּי יְהוּדָה דְּקָמְחַיְּיבִי הָתָם – פָּטְרִי הָכָא.
The Gemara asks: Of the Sages who disagreed with regard to the obligation to tithe grain that is smoothed by a gentile, who taught this mishna with regard to ḥalla? Perhaps it is a ruling upon which everyone agrees, and even Rabbi Meir and Rabbi Yehuda, who obligate there, in the case of tithes, exempt here in the case of ḥalla.
הָתָם הוּא, דִכְתִיב ״דְּגָנְךָ״, ״דְּגָנְךָ״ יַתִּירָא.
The Gemara explains this possibility. There are three verses written with regard to teruma that contain the term “your grain.” They are: “You may not eat within your gates the tithe of your grain” (Deuteronomy 12:17); “And you shall eat before the Lord your God…the tithe of your grain” (Deuteronomy 12:17); and “The first fruits of your grain…you shall give him” (Deuteronomy 18:4). It can therefore be claimed that only there Rabbi Meir and Rabbi Yehuda hold that one is obligated to separate tithes from grain that was owned by a gentile, as in addition to the first reference to “your grain,” which excludes grain that was smoothed while in the Temple’s possession, it is written an additional “your grain,” and then another reference to “your grain.”
הָוֵי מִיעוּט אַחַר מִיעוּט, וְאֵין מִיעוּט אַחַר מִיעוּט אֶלָּא לְרַבּוֹת, אֲפִילּוּ גּוֹי.
The Gemara elaborates: This is an example of a restrictive expression following a restrictive expression. And there is a hermeneutical principle that a restrictive expression following a restrictive expression comes only to include additional cases. In this case, the verses teach that even grain that belonged to gentiles is obligated in the separation of tithes.
אֲבָל הָכָא, תְּרֵי זִימְנֵי ״עֲרִסֹתֵיכֶם״ כְּתִיב, חַד ״עֲרִסֹתֵיכֶם״ כְּדֵי עִיסַּתְכֶם, וְחַד ״עֲרִסֹתֵיכֶם״ וְלֹא עִיסַּת גּוֹיִם וְלֹא עִיסַּת הֶקְדֵּשׁ.
But here, with regard to the obligation to separate ḥalla, the term “your dough” is written only twice: “Of the first of your dough you shall set apart a cake for a gift; as that which is set apart of the threshing floor, so shall you set it apart. Of the first of your dough you shall give to the Lord a portion for a gift throughout your generations” (Numbers 15:20–21). One reference to “your dough” teaches that one is obligated to separate ḥalla only from an amount equal to your dough in the wilderness, where the mitzva was commanded, i.e., the volume of one omer. And one reference to “your dough” teaches that only the dough of an ordinary Jew is obligated but not the dough of gentiles nor the dough of consecrated property.
אוֹ דִלְמָא רַבִּי יוֹסֵי וְרַבִּי שִׁמְעוֹן קָתָנֵי לַהּ, דְּקָא פָּטְרִי, אֲבָל רַבִּי מֵאִיר וְרַבִּי יְהוּדָה גָּמְרִי ״רֵאשִׁית״ ״רֵאשִׁית״ מֵהָתָם.
The Gemara continues: Or perhaps it is Rabbi Yosei and Rabbi Shimon who taught that mishna, as they maintain that grain that was smoothed by a gentile owner is exempt from the obligation to separate tithes, and likewise dough kneaded by a gentile owner is likewise exempt from the obligation to separate ḥalla. But Rabbi Meir and Rabbi Yehuda derive by way of verbal analogy the halakha with regard to ḥalla, concerning which it is written: “Of the first of your dough,” from the same expression that appears there, with regard to tithes: “The first fruits of your grain.” Just as in the case of tithes they hold that one is obligated to separate the tithes from a pile of grain that was smoothed by a gentile owner, so too they hold that one is obligated to separate ḥalla from dough that was kneaded by a gentile owner.
אָמַר רָבָא: יְהֵא רַעֲוָא דְּאֶחְזְיֵהּ בְּחֶילְמָא. הֲדַר אָמַר רָבָא: מַאן דְּאָמַר מֵירוּחַ הַגּוֹי פּוֹטֵר – גִּלְגּוּל הַגּוֹי פּוֹטֵר, מַאן דְּאָמַר מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר – גִּלְגּוּל הַגּוֹי אֵינוֹ פּוֹטֵר.
Rava said: May it be God’s will that I see the answer to my question in a dream. Rava then said: The one who says that the smoothing of a grain pile by its gentile owner exempts a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by its gentile owner exempts a future Jewish owner from any obligation to separate ḥalla. So too the one who says that the smoothing of a grain pile by a gentile owner does not exempt a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by a gentile owner does not exempt a future Jewish owner from the obligation to separate ḥalla.
אֵיתִיבֵיהּ רַב פָּפָּא לְרָבָא: גּוֹי שֶׁהִפְרִישׁ פֶּטֶר חֲמוֹר וְחַלָּה, מוֹדִיעִים אוֹתוֹ שֶׁהוּא פָּטוּר, וְחַלָּתוֹ נֶאֱכֶלֶת לְזָרִים, וּפֶטֶר חֲמוֹר גּוֹזֵז וְעוֹבֵד בּוֹ.
Rav Pappa raised an objection to Rava from a baraita (Tosefta, Terumot 4:13): With regard to a gentile who separated a lamb in order to redeem a firstborn donkey, or if he separated ḥalla from dough that he kneaded, one informs him that he is exempt from these obligations and his ḥalla may be eaten by non-priests and the lamb designated to redeem his firstborn donkey may be sheared and worked.
הָא תְּרוּמָתוֹ אֲסוּרָה, וְהָא הַאי תַּנָּא דְּאָמַר: מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר, וְגִלְגּוּל גּוֹי פּוֹטֵר.
One can infer: But if a gentile separated teruma, the portion of the produce designated for the priest, from a grain pile that he smoothed, his teruma is prohibited to a non-priest. And this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, as the same halakhot apply to tithes as to teruma, and yet he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate ḥalla. This refutes Rava’s conclusion that one who holds that there is an exemption in the case of tithes likewise holds that an exemption applies to ḥalla.
וְעוֹד אֵיתִיבֵיהּ רָבִינָא לְרָבָא: חַלַּת גּוֹי בָּאָרֶץ, וּתְרוּמָתוֹ בְּחוּצָה לָאָרֶץ – מוֹדִיעִין אוֹתוֹ שֶׁהוּא פָּטוּר, חַלָּתוֹ נֶאֱכֶלֶת לְזָרִים, וּתְרוּמָתוֹ אֵינָהּ מְדַמַּעַת. הָא תְּרוּמָתוֹ בָּאָרֶץ – אֲסוּרָה וּמְדַמַּעַת.
And Ravina further raised an objection to Rava from a baraita: With regard to ḥalla of a gentile that he separated after kneading his dough in Eretz Yisrael, or his teruma that he separated after smoothing his pile of grain outside Eretz Yisrael, in both cases one informs him that he is exempt from those obligations and his ḥalla may be eaten by non-priests and his teruma does not render a mixture prohibited if it becomes mixed with non-sacred produce. One can infer: But his teruma from his grain in Eretz Yisrael is prohibited to non-priests and renders a mixture prohibited if it becomes mixed with non-sacred produce.
וְהָא הַאי תַּנָּא דְּאָמַר: מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר, גִּלְגּוּל הַגּוֹי פּוֹטֵר!
The Gemara explains the objection: And again this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, and nevertheless he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate ḥalla.
מִדְּרַבָּנַן, גְּזֵירָה מִשּׁוּם בַּעֲלֵי כִיסִים.
The Gemara answers: This ruling that the smoothing of a grain pile by its gentile owner does not exempt it from the obligations of teruma and tithes applies only by rabbinic law. By Torah law, the smoothing of a grain pile by its gentile owner does exempt it from the obligation to separate teruma and tithes. The Sages enacted a decree due to the schemes of people of means. There was a fear that conniving merchants might temporarily transfer ownership of their produce to gentiles while the piles were smoothed, after which the gentiles would return them to their possession, thereby circumventing the obligation to separate teruma and tithes.
אִי הָכִי, אֲפִילּוּ חָלָה נָמֵי? אֶפְשָׁר דְּאָפֵי לָהּ פָּחוֹת מֵחֲמֵשֶׁת רְבָעִים קֶמַח, וְעוֹד.
The Gemara asks: If so, then ḥalla should be subject to the same rabbinic decree as well, to prevent someone from circumventing their obligation to separate ḥalla by temporarily selling their dough to a gentile who will knead it and return it to them. Why then does the baraita teach that dough kneaded by a gentile owner is exempt? The Gemara answers: There is no need for a decree in this case, since if one wanted to circumvent his obligation to separate ḥalla from his dough, an easier method is available: It is possible for him to bake using less than five-fourths of a kav of flour and a bit more, the minimum amount necessitating the separation of ḥalla.
תְּרוּמָה נָמֵי, אֶפְשָׁר דְּעָבֵיד לַהּ כִּדְרַבִּי אוֹשַׁעְיָא? דְּאָמַר רַבִּי אוֹשַׁעְיָא: מַעֲרִים אָדָם עַל תְּבוּאָתוֹ וּמַכְנִיסָהּ בַּמּוֹץ שֶׁלָּהּ, כְּדֵי שֶׁתְּהֵא בְּהֶמְתּוֹ אוֹכֶלֶת וּפְטוּרָה מִן הַמַּעֲשֵׂר. אִי נָמֵי, דְּעַיֵּיל לַהּ דֶּרֶךְ גַּגּוֹת וְדֶרֶךְ קַרְפֵּיפוֹת?
The Gemara asks: If so, why is there a need for a rabbinic decree with regard to teruma and tithes? The obligation to separate teruma and tithes can also be easily circumvented by acting in accordance with that which Rabbi Oshaya suggested, as Rabbi Oshaya says: A person can employ artifice to circumvent obligations incumbent upon him in dealing with his grain, and exempt himself by bringing it into his courtyard in its chaff so that his animal may eat from it. And this grain is exempt from teruma and tithes. Although the obligation to separate teruma from and to tithe produce that has been fully processed applies even to animal fodder, it is permitted to feed one’s animal untithed produce that has not been fully processed. Alternatively, another option of avoiding the obligation of teruma and tithes is to bring in the produce to his house by way of roofs or by way of enclosures [karpeifot]. The obligation of teruma and tithes applies only to produce that passes through the entrance of the house.
הָתָם בְּפַרְהֶסְיָא, זִילָא בֵּיהּ מִילְּתָא; הָכָא בְּצִינְעָא, לָא זִילָא בֵּיהּ מִילְּתָא.
The Gemara answers: There, in the case of teruma and tithes, the two options of bringing in the grain in its chaff or by way of roofs are performed in public [befarhesya], and it is degrading for one to be seen circumventing his obligation. Consequently, one who wishes to avoid the obligation would prefer the option of transferring ownership to a gentile, which the Sages prevent with their decree. Here, in the case of ḥalla, the option of baking with less than the minimum quantity of flour to avoid being obligated to separate ḥalla from the dough is performed in private, and it is not degrading for him, and he would sooner take advantage of that option than go through the process of transferring the dough to a gentile. Therefore, the Sages did not apply their decree in this case.
מַתְנִי׳ בָּא לוֹ לָעִשָּׂרוֹן, נָתַן עָלָיו שַׁמְנוֹ וּלְבוֹנָתוֹ, יָצַק וּבָלַל, הֵנִיף וְהִגִּישׁ, קָמַץ וְהִקְטִיר, וְהַשְּׁאָר נֶאֱכָל לַכֹּהֲנִים.
MISHNA: After daybreak, the priest sacrificing the omer came to the sifted tenth of an ephah, placed in the vessel in his hand some of its log of oil, and placed its frankincense on the side of the vessel. He then poured some more oil from the log onto the high-quality flour and mixed them together, waved and brought the meal offering to the corner of the altar, and removed the handful and burned it on the altar. And the rest of the meal offering is eaten by the priests.
מִשֶּׁקָּרַב הָעוֹמֶר, יוֹצְאִין וּמוֹצְאִין שׁוּק יְרוּשָׁלַיִם שֶׁהוּא מָלֵא קֶמַח קָלִי, שֶׁלֹּא בִּרְצוֹן חֲכָמִים – דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: בִּרְצוֹן חֲכָמִים הָיוּ עוֹשִׂין.
Once the omer was sacrificed people would emerge and find the marketplace of Jerusalem full of the flour from the parched grain of the new crop that was permitted by the waving and the sacrifice of the omer offering. That filling of the marketplace with the new crop was performed not with the approval of the Sages; this is the statement of Rabbi Meir. Rabbi Yehuda says: They would do so with the approval of the Sages.
גְּמָ׳ וְלָא גָּזַר רַבִּי יְהוּדָה דִּלְמָא אָתֵי לְמֵיכַל מִינֵּיהּ?
GEMARA: The mishna teaches that the marketplaces of Jerusalem would be filled with flour of parched grain even before the sacrificing of the omer offering, and Rabbi Yehuda holds that the Sages approved of this practice. The Gemara asks: And doesn’t Rabbi Yehuda agree that the Sages issued a decree against filling of the marketplaces with grain that is prohibited in consumption at the time? Wasn’t he concerned that perhaps someone might come to eat from it?
וּרְמִינְהוּ: רַבִּי יְהוּדָה אוֹמֵר, בּוֹדְקִין אוֹר אַרְבָּעָה עָשָׂר, וּבְאַרְבָּעָה עָשָׂר שַׁחֲרִית, וּבִשְׁעַת הַבִּיעוּר, וַחֲכָמִים אוֹמְרִים: לֹא בָּדַק כּוּ׳.
And the Gemara raises a contradiction from a mishna (Pesaḥim 10b): Rabbi Yehuda says that one searches for leaven on the evening of the fourteenth of Nisan, and on the fourteenth in the morning, and at the time of the eradication of leaven. And the Rabbis say: That is not the halakha; rather, if one did not search on the evening of the fourteenth he should search on the fourteenth during the day, and if he did not search on the fourteenth, he should search during the festival of Passover. Since Rabbi Yehuda does not allow a search on Passover itself, he is evidently concerned that one who finds prohibited food might come to eat it. The same reasoning should apply in the case of the new crop.
אָמַר רַבָּה: שָׁאנֵי חָדָשׁ,
Rabba says that the prohibition of new grain is different, for the following reason:
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