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
Share this shiur:
Want to dedicate learning? Get started here:
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:
Follow 
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
I started my Daf Yomi journey at the beginning of the COVID19 pandemic.
Karena Perry
Los Angeles, United States
I began to learn this cycle of Daf Yomi after my husband passed away 2 1/2 years ago. It seemed a good way to connect to him. Even though I don’t know whether he would have encouraged women learning Gemara, it would have opened wonderful conversations. It also gives me more depth for understanding my frum children and grandchildren. Thank you Hadran and Rabbanit Michelle Farber!!
Harriet Hartman
Tzur Hadassah, Israel
In early January of 2020, I learned about Siyyum HaShas and Daf Yomi via Tablet Magazine’s brief daily podcast about the Daf. I found it compelling and fascinating. Soon I discovered Hadran; since then I have learned the Daf daily with Rabbanit Michelle Cohen Farber. The Daf has permeated my every hour, and has transformed and magnified my place within the Jewish Universe.
Lisa Berkelhammer
San Francisco, CA , United States
I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Bronx, United States
I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.
Leeza Hirt Wilner
New York, United States
It has been a pleasure keeping pace with this wonderful and scholarly group of women.
Janice Block
Beit Shemesh, Israel
I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!
Dena Lehrman
אפרת, Israel
I started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!
Keren Carter
Brentwood, California, United States
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
A Gemara shiur previous to the Hadran Siyum, was the impetus to attend it.It was highly inspirational and I was smitten. The message for me was התלמוד בידינו. I had decided along with my Chahsmonaim group to to do the daf and take it one daf at time- without any expectations at all. There has been a wealth of information, insights and halachik ideas. It is truly exercise of the mind, heart & Soul
Phyllis Hecht
Hashmonaim, Israel
I never thought I’d be able to do Daf Yomi till I saw the video of Hadran’s Siyum HaShas. Now, 2 years later, I’m about to participate in Siyum Seder Mo’ed with my Hadran community. It has been an incredible privilege to learn with Rabbanit Michelle and to get to know so many caring, talented and knowledgeable women. I look forward with great anticipation and excitement to learning Seder Nashim.
Caroline Ben-Ari
Karmiel, Israel
I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.
Gila Loike
Ashdod, Israel
When I began the previous cycle, I promised myself that if I stuck with it, I would reward myself with a trip to Israel. Little did I know that the trip would involve attending the first ever women’s siyum and being inspired by so many learners. I am now over 2 years into my second cycle and being part of this large, diverse, fascinating learning family has enhanced my learning exponentially.
Shira Krebs
Minnesota, United States
As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.
Sue Parker Gerson
Denver, United States
I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Bronx, United States
It has been a pleasure keeping pace with this wonderful and scholarly group of women.
Janice Block
Beit Shemesh, Israel
I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.
Jodi Gladstone
Warwick, Rhode Island, United States
I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.
Julie Landau
Karmiel, Israel
What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.
Marian Frankston
Pennsylvania, United States
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Laura Warshawsky
Silver Spring, Maryland, United States
Menachot 67
ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦΆΧ§Φ°ΧΦ΅ΦΌΧ©Χ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ΄ΦΌΧͺΦ°Χ Φ·Χ: ΧΦ΄Χ§Φ°ΧΦ΄ΦΌΧΧ©ΦΈΧΧΦΌ Χ’Φ΄ΧΧ‘ΦΈΦΌΧͺΦΈΧΦΌ Χ’Φ·Χ Χ©ΦΆΧΧΦΉΦΌΧ ΧΦ΄ΦΌΧΦ°ΧΦ°ΦΌΧΦΈΧ ΧΦΌΧ€Φ°ΧΦΈΧΦ·ΧͺΦΈΦΌΧ β ΧΦ·ΧΦΆΦΌΧΧΦΆΧͺ, ΧΦ΄Χ©ΦΆΦΌΧΧΦ΄ΦΌΧΦ°ΧΦ°ΦΌΧΦΈΧ ΧΦΌΧ€Φ°ΧΦΈΧΦ·ΧͺΦΈΦΌΧ β ΧΦ·ΧΦΆΦΌΧΧΦΆΧͺ, ΧΦ΄Χ§Φ°ΧΦ΄ΦΌΧΧ©ΦΈΧΧΦΌ Χ’Φ·Χ Χ©ΦΆΧΧΦΉΦΌΧ ΧΦ΄ΦΌΧΦ°ΧΦ°ΦΌΧΦΈΧ, ΧΦ°ΧΦ΄ΧΦ°ΧΦ°ΦΌΧΦΈΧΦΌ ΧΦ·ΧΦ΄ΦΌΧΦ°ΧΦΈΦΌΧ¨ ΧΦ°ΧΦ·ΧΦ·Χ¨ ΧΦΈΦΌΧΦ° Χ€Φ°ΦΌΧΦΈΧΦ·ΧͺΦΈΦΌΧ β Χ€Φ°ΦΌΧΧΦΌΧ¨ΦΈΧ, Χ©ΦΆΧΧΦ΄ΦΌΧ©Φ°ΧΧ’Φ·Χͺ ΧΧΦΉΧΦΈΧͺΦΈΧΦΌ ΧΦΈΧΦ°ΧͺΦΈΧ Χ€Φ°ΦΌΧΧΦΌΧ¨ΦΈΧ.
Rava adds: The kneading of consecrated dough exempts it from the obligation of αΈ₯alla, as we learned in a mishna (αΈ€alla 3:3): If a woman consecrated her dough before she kneaded it and she subsequently redeemed it, she is obligated to separate αΈ₯alla. Likewise, if she consecrated it after she kneaded it and then she redeemed it, she is obligated to separate αΈ₯alla. 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 αΈ₯alla would have taken effect, i.e., at the time of its kneading, it was exempt, because it was Temple property.
ΧΦΈΦΌΧ’Φ΅Χ Χ¨ΦΈΧΦΈΧ: ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦΌΧΦΉΧ ΧΦ·ΧΧ? ΧΦ΄ΧΧͺΦ°Χ ΦΈΧ ΧͺΦ°ΦΌΧ Φ·Χ: ΧΦ΅ΦΌΧ¨ Χ©ΦΆΧΧ Φ΄ΦΌΧͺΦ°ΧΦ·ΦΌΧΦ΅ΦΌΧΧ¨ ΧΦ°ΧΦΈΧΦ°ΧͺΦΈΧ ΧΧΦΉ Χ’Φ΄ΧΧ‘ΦΈΦΌΧ, Χ Φ·Χ’Φ²Χ©Φ΅ΧΧΧͺ Χ’Φ·Χ Χ©ΦΆΧΧΦΉΦΌΧ Χ Φ΄ΧͺΦ°ΧΦ·ΦΌΧΦ΅ΦΌΧΧ¨ β Χ€ΦΈΦΌΧΧΦΌΧ¨, ΧΦ΄Χ©ΦΆΦΌΧΧ Φ΄ΦΌΧͺΦ°ΧΦ·ΦΌΧΦ΅ΦΌΧΧ¨ β ΧΦ·ΧΦΈΦΌΧΧ, Χ‘ΦΈΧ€Φ΅Χ§ β ΧΦ·ΧΦΈΦΌΧΧ.
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 αΈ₯alla from it or not? The Gemara answers that this is taught explicitly, as we learned in a mishna (αΈ€alla 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 αΈ₯alla. If it was prepared after he converted, he is obligated. If he is uncertain, he is obligated.
ΧΦΈΧ ΧΦ·ΧΧ Χ§ΦΈΧͺΦΈΧ Φ΅Χ ΧΦ·ΧΦΌ? ΧΦ΄ΦΌΧΦ°Χ¨Φ΅Χ ΧΦ·ΧΦΉΦΌΧ ΧΦ΄ΧΧ, ΧΦ·ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦ°ΦΌΧ§ΦΈΧΦ°ΧΦ·ΧΦ°ΦΌΧΧΦ΄Χ ΧΦΈΧͺΦΈΧ β Χ€ΦΈΦΌΧΦ°Χ¨Φ΄Χ ΧΦΈΧΦΈΧ.
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 αΈ₯alla? 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 αΈ₯alla.
ΧΦΈΧͺΦΈΧ ΧΧΦΌΧ, ΧΦ΄ΧΦ°ΧͺΦ΄ΧΧ Χ΄ΧΦ°ΦΌΧΦΈΧ Φ°ΧΦΈΧ΄, Χ΄ΧΦ°ΦΌΧΦΈΧ Φ°ΧΦΈΧ΄ ΧΦ·ΧͺΦ΄ΦΌΧΧ¨ΦΈΧ.
The Gemara explains this possibility. There are three verses written with regard to teruma that contain the term βyour grain.β They are: βYou may not eat within your gates the tithe of your grainβ (Deuteronomy 12:17); βAnd you shall eat before the Lord your Godβ¦the tithe of your grainβ (Deuteronomy 12:17); and βThe first fruits of your grainβ¦you shall give himβ (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 βyour grain,β which excludes grain that was smoothed while in the Templeβs possession, it is written an additional βyour grain,β and then another reference to βyour grain.β
ΧΦΈΧΦ΅Χ ΧΦ΄ΧΧ’ΧΦΌΧ ΧΦ·ΧΦ·Χ¨ ΧΦ΄ΧΧ’ΧΦΌΧ, ΧΦ°ΧΦ΅ΧΧ ΧΦ΄ΧΧ’ΧΦΌΧ ΧΦ·ΧΦ·Χ¨ ΧΦ΄ΧΧ’ΧΦΌΧ ΧΦΆΧΦΈΦΌΧ ΧΦ°Χ¨Φ·ΧΦΌΧΦΉΧͺ, ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΌΧΦΉΧ.
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.
ΧΦ²ΧΦΈΧ ΧΦΈΧΦΈΧ, ΧͺΦ°ΦΌΧ¨Φ΅Χ ΧΦ΄ΧΧΦ°Χ Φ΅Χ Χ΄Χ’Φ²Χ¨Φ΄Χ‘ΦΉΧͺΦ΅ΧΧΦΆΧΧ΄ ΧΦ°ΦΌΧͺΦ΄ΧΧ, ΧΦ·Χ Χ΄Χ’Φ²Χ¨Φ΄Χ‘ΦΉΧͺΦ΅ΧΧΦΆΧΧ΄ ΧΦ°ΦΌΧΦ΅Χ Χ’Φ΄ΧΧ‘Φ·ΦΌΧͺΦ°ΧΦΆΧ, ΧΦ°ΧΦ·Χ Χ΄Χ’Φ²Χ¨Φ΄Χ‘ΦΉΧͺΦ΅ΧΧΦΆΧΧ΄ ΧΦ°ΧΦΉΧ Χ’Φ΄ΧΧ‘Φ·ΦΌΧͺ ΧΦΌΧΦΉΧΦ΄Χ ΧΦ°ΧΦΉΧ Χ’Φ΄ΧΧ‘Φ·ΦΌΧͺ ΧΦΆΧ§Φ°ΧΦ΅ΦΌΧ©Χ.
But here, with regard to the obligation to separate αΈ₯alla, the term βyour doughβ is written only twice: βOf 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 generationsβ (Numbers 15:20β21). One reference to βyour doughβ teaches that one is obligated to separate αΈ₯alla 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 βyour doughβ teaches that only the dough of an ordinary Jew is obligated but not the dough of gentiles nor the dough of consecrated property.
ΧΧΦΉ ΧΦ΄ΧΦ°ΧΦΈΧ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΧΦΉΧ‘Φ΅Χ ΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ Χ©Φ΄ΧΧΦ°Χ’ΧΦΉΧ Χ§ΦΈΧͺΦΈΧ Φ΅Χ ΧΦ·ΧΦΌ, ΧΦ°ΦΌΧ§ΦΈΧ Χ€ΦΈΦΌΧΦ°Χ¨Φ΄Χ, ΧΦ²ΧΦΈΧ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦΈΦΌΧΦ°Χ¨Φ΄Χ Χ΄Χ¨Φ΅ΧΧ©Φ΄ΧΧΧͺΧ΄ Χ΄Χ¨Φ΅ΧΧ©Φ΄ΧΧΧͺΧ΄ ΧΦ΅ΧΦΈΧͺΦΈΧ.
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 αΈ₯alla. But Rabbi Meir and Rabbi Yehuda derive by way of verbal analogy the halakha with regard to αΈ₯alla, concerning which it is written: βOf the first of your dough,β from the same expression that appears there, with regard to tithes: βThe first fruits of your grain.β 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 αΈ₯alla from dough that was kneaded by a gentile owner.
ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦ°ΧΦ΅Χ Χ¨Φ·Χ’Φ²ΧΦΈΧ ΧΦ°ΦΌΧΦΆΧΦ°ΧΦ°ΧΦ΅ΧΦΌ ΧΦ°ΦΌΧΦΆΧΧΦ°ΧΦΈΧ. ΧΦ²ΧΦ·Χ¨ ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦ·ΧΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨ ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨ β ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦ·ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ·ΧΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨ ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨ β ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨.
Rava said: May it be Godβs 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 αΈ₯alla. 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 αΈ₯alla.
ΧΦ΅ΧΧͺΦ΄ΧΧΦ΅ΧΧΦΌ Χ¨Φ·Χ Χ€ΦΈΦΌΧ€ΦΈΦΌΧ ΧΦ°Χ¨ΦΈΧΦΈΧ: ΧΦΌΧΦΉΧ Χ©ΦΆΧΧΦ΄Χ€Φ°Χ¨Φ΄ΧΧ©Χ Χ€ΦΆΦΌΧΦΆΧ¨ ΧΦ²ΧΧΦΉΧ¨ ΧΦ°ΧΦ·ΧΦΈΦΌΧ, ΧΧΦΉΧΦ΄ΧΧ’Φ΄ΧΧ ΧΧΦΉΧͺΧΦΉ Χ©ΦΆΧΧΧΦΌΧ Χ€ΦΈΦΌΧΧΦΌΧ¨, ΧΦ°ΧΦ·ΧΦΈΦΌΧͺΧΦΉ Χ ΦΆΧΦ±ΧΦΆΧΦΆΧͺ ΧΦ°ΧΦΈΧ¨Φ΄ΧΧ, ΧΦΌΧ€ΦΆΧΦΆΧ¨ ΧΦ²ΧΧΦΉΧ¨ ΧΦΌΧΦΉΧΦ΅Χ ΧΦ°Χ’ΧΦΉΧΦ΅Χ ΧΦΌΧΦΉ.
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 αΈ₯alla from dough that he kneaded, one informs him that he is exempt from these obligations and his αΈ₯alla may be eaten by non-priests and the lamb designated to redeem his firstborn donkey may be sheared and worked.
ΧΦΈΧ ΧͺΦ°ΦΌΧ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ, ΧΦ°ΧΦΈΧ ΧΦ·ΧΧ ΧͺΦ·ΦΌΧ ΦΈΦΌΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨: ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ°ΧΦ΄ΧΦ°ΧΦΌΧΦΌΧ ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨.
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 αΈ₯alla. This refutes Ravaβs conclusion that one who holds that there is an exemption in the case of tithes likewise holds that an exemption applies to αΈ₯alla.
ΧΦ°Χ’ΧΦΉΧ ΧΦ΅ΧΧͺΦ΄ΧΧΦ΅ΧΧΦΌ Χ¨ΦΈΧΦ΄ΧΧ ΦΈΧ ΧΦ°Χ¨ΦΈΧΦΈΧ: ΧΦ·ΧΦ·ΦΌΧͺ ΧΦΌΧΦΉΧ ΧΦΈΦΌΧΦΈΧ¨ΦΆΧ₯, ΧΦΌΧͺΦ°Χ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦ°ΦΌΧΧΦΌΧ¦ΦΈΧ ΧΦΈΧΦΈΧ¨ΦΆΧ₯ β ΧΧΦΉΧΦ΄ΧΧ’Φ΄ΧΧ ΧΧΦΉΧͺΧΦΉ Χ©ΦΆΧΧΧΦΌΧ Χ€ΦΈΦΌΧΧΦΌΧ¨, ΧΦ·ΧΦΈΦΌΧͺΧΦΉ Χ ΦΆΧΦ±ΧΦΆΧΦΆΧͺ ΧΦ°ΧΦΈΧ¨Φ΄ΧΧ, ΧΦΌΧͺΦ°Χ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦ΅ΧΧ ΦΈΧΦΌ ΧΦ°ΧΦ·ΧΦ·ΦΌΧ’Φ·Χͺ. ΧΦΈΧ ΧͺΦ°ΦΌΧ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦΈΦΌΧΦΈΧ¨ΦΆΧ₯ β ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ ΧΦΌΧΦ°ΧΦ·ΧΦ·ΦΌΧ’Φ·Χͺ.
And Ravina further raised an objection to Rava from a baraita: With regard to αΈ₯alla 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 αΈ₯alla 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.
ΧΦ°ΧΦΈΧ ΧΦ·ΧΧ ΧͺΦ·ΦΌΧ ΦΈΦΌΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨: ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦ·ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨!
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 αΈ₯alla.
ΧΦ΄ΧΦ°ΦΌΧ¨Φ·ΧΦΈΦΌΧ Φ·Χ, ΧΦ°ΦΌΧΦ΅ΧΧ¨ΦΈΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦ·ΦΌΧ’Φ²ΧΦ΅Χ ΧΦ΄ΧΧ‘Φ΄ΧΧ.
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.
ΧΦ΄Χ ΧΦΈΧΦ΄Χ, ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ? ΧΦΆΧ€Φ°Χ©ΦΈΧΧ¨ ΧΦ°ΦΌΧΦΈΧ€Φ΅Χ ΧΦΈΧΦΌ Χ€ΦΈΦΌΧΧΦΉΧͺ ΧΦ΅ΧΦ²ΧΦ΅Χ©ΦΆΧΧͺ Χ¨Φ°ΧΦΈΧ’Φ΄ΧΧ Χ§ΦΆΧΦ·Χ, ΧΦ°Χ’ΧΦΉΧ.
The Gemara asks: If so, then αΈ₯alla should be subject to the same rabbinic decree as well, to prevent someone from circumventing their obligation to separate αΈ₯alla 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 αΈ₯alla 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 αΈ₯alla.
ΧͺΦ°ΦΌΧ¨ΧΦΌΧΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΦΆΧ€Φ°Χ©ΦΈΧΧ¨ ΧΦ°ΦΌΧ’ΦΈΧΦ΅ΧΧ ΧΦ·ΧΦΌ ΧΦ΄ΦΌΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ ΧΧΦΉΧ©Φ·ΧΧ’Φ°ΧΦΈΧ? ΧΦ°ΦΌΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΧΦΉΧ©Φ·ΧΧ’Φ°ΧΦΈΧ: ΧΦ·Χ’Φ²Χ¨Φ΄ΧΧ ΧΦΈΧΦΈΧ Χ’Φ·Χ ΧͺΦ°ΦΌΧΧΦΌΧΦΈΧͺΧΦΉ ΧΦΌΧΦ·ΧΦ°Χ Φ΄ΧΧ‘ΦΈΧΦΌ ΧΦ·ΦΌΧΦΌΧΦΉΧ₯ Χ©ΦΆΧΧΦΈΦΌΧΦΌ, ΧΦ°ΦΌΧΦ΅Χ Χ©ΦΆΧΧͺΦ°ΦΌΧΦ΅Χ ΧΦ°ΦΌΧΦΆΧΦ°ΧͺΦΌΧΦΉ ΧΧΦΉΧΦΆΧΦΆΧͺ ΧΦΌΧ€Φ°ΧΧΦΌΧ¨ΦΈΧ ΧΦ΄Χ ΧΦ·ΧΦ·ΦΌΧ’Φ²Χ©Φ΅ΧΧ¨. ΧΦ΄Χ Χ ΦΈΧΦ΅Χ, ΧΦ°ΦΌΧ’Φ·ΧΦ΅ΦΌΧΧ ΧΦ·ΧΦΌ ΧΦΆΦΌΧ¨ΦΆΧΦ° ΧΦ·ΦΌΧΦΌΧΦΉΧͺ ΧΦ°ΧΦΆΧ¨ΦΆΧΦ° Χ§Φ·Χ¨Φ°Χ€Φ΅ΦΌΧΧ€ΧΦΉΧͺ?
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 oneβs 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.
ΧΦΈΧͺΦΈΧ ΧΦ°ΦΌΧ€Φ·Χ¨Φ°ΧΦΆΧ‘Φ°ΧΦΈΧ, ΧΦ΄ΧΧΦΈΧ ΧΦ΅ΦΌΧΧΦΌ ΧΦ΄ΧΧΦ°ΦΌΧͺΦΈΧ; ΧΦΈΧΦΈΧ ΧΦ°ΦΌΧ¦Φ΄ΧΧ Φ°Χ’ΦΈΧ, ΧΦΈΧ ΧΦ΄ΧΧΦΈΧ ΧΦ΅ΦΌΧΧΦΌ ΧΦ΄ΧΧΦ°ΦΌΧͺΦΈΧ.
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 αΈ₯alla, the option of baking with less than the minimum quantity of flour to avoid being obligated to separate αΈ₯alla 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.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ ΧΦΈΦΌΧ ΧΧΦΉ ΧΦΈΧ’Φ΄Χ©ΦΈΦΌΧΧ¨ΧΦΉΧ, Χ ΦΈΧͺΦ·Χ Χ’ΦΈΧΦΈΧΧ Χ©Φ·ΧΧΦ°Χ ΧΦΉ ΧΦΌΧΦ°ΧΧΦΉΧ ΦΈΧͺΧΦΉ, ΧΦΈΧ¦Φ·Χ§ ΧΦΌΧΦΈΧΦ·Χ, ΧΦ΅Χ Φ΄ΧΧ£ ΧΦ°ΧΦ΄ΧΦ΄ΦΌΧΧ©Χ, Χ§ΦΈΧΦ·Χ₯ ΧΦ°ΧΦ΄Χ§Φ°ΧΦ΄ΧΧ¨, ΧΦ°ΧΦ·Χ©Φ°ΦΌΧΧΦΈΧ¨ Χ ΦΆΧΦ±ΧΦΈΧ ΧΦ·ΧΦΉΦΌΧΦ²Χ Φ΄ΧΧ.
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.
ΧΦ΄Χ©ΦΆΦΌΧΧ§ΦΈΦΌΧ¨Φ·Χ ΧΦΈΧ’ΧΦΉΧΦΆΧ¨, ΧΧΦΉΧ¦Φ°ΧΦ΄ΧΧ ΧΦΌΧΧΦΉΧ¦Φ°ΧΦ΄ΧΧ Χ©ΧΧΦΌΧ§ ΧΦ°Χ¨ΧΦΌΧ©ΦΈΧΧΦ·ΧΦ΄Χ Χ©ΦΆΧΧΧΦΌΧ ΧΦΈΧΦ΅Χ Χ§ΦΆΧΦ·Χ Χ§ΦΈΧΦ΄Χ, Χ©ΦΆΧΧΦΉΦΌΧ ΧΦ΄ΦΌΧ¨Φ°Χ¦ΧΦΉΧ ΧΦ²ΧΦΈΧΦ΄ΧΧ β ΧΦ΄ΦΌΧΦ°Χ¨Φ΅Χ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ΅ΧΦ΄ΧΧ¨. Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨: ΧΦ΄ΦΌΧ¨Φ°Χ¦ΧΦΉΧ ΧΦ²ΧΦΈΧΦ΄ΧΧ ΧΦΈΧΧΦΌ Χ’ΧΦΉΧ©Φ΄ΧΧΧ.
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.
ΧΦΌΦ°ΧΦΈΧ³ ΧΦ°ΧΦΈΧ ΧΦΈΦΌΧΦ·Χ¨ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦ΄ΦΌΧΦ°ΧΦΈΧ ΧΦΈΧͺΦ΅Χ ΧΦ°ΧΦ΅ΧΧΦ·Χ ΧΦ΄ΧΧ Φ΅ΦΌΧΧΦΌ?
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 doesnβt Rabbi Yehuda agree that the Sages issued a decree against filling of the marketplaces with grain that is prohibited in consumption at the time? Wasnβt he concerned that perhaps someone might come to eat from it?
ΧΦΌΧ¨Φ°ΧΦ΄ΧΧ Φ°ΧΧΦΌ: Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨, ΧΦΌΧΦΉΧΦ°Χ§Φ΄ΧΧ ΧΧΦΉΧ¨ ΧΦ·Χ¨Φ°ΧΦΈΦΌΧ’ΦΈΧ Χ’ΦΈΧ©ΦΈΧΧ¨, ΧΦΌΧΦ°ΧΦ·Χ¨Φ°ΧΦΈΦΌΧ’ΦΈΧ Χ’ΦΈΧ©ΦΈΧΧ¨ Χ©Φ·ΧΧΦ²Χ¨Φ΄ΧΧͺ, ΧΦΌΧΦ΄Χ©Φ°ΧΧ’Φ·Χͺ ΧΦ·ΧΦ΄ΦΌΧΧ’ΧΦΌΧ¨, ΧΦ·ΧΦ²ΧΦΈΧΦ΄ΧΧ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ: ΧΦΉΧ ΧΦΈΦΌΧΦ·Χ§ ΧΦΌΧΦΌΧ³.
And the Gemara raises a contradiction from a mishna (PesaαΈ₯im 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.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΈΦΌΧ: Χ©ΦΈΧΧΧ Φ΅Χ ΧΦΈΧΦΈΧ©Χ,
Rabba says that the prohibition of new grain is different, for the following reason:
Follow
