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בבא מציעא 53
Soncino English Talmud · Berean Standard Bible
they are forbidden to zarim, accounted as the priest's [personal] property, are neutralised by one hundred and one [times their quantity]. and require washing of the hands and the setting of the sun. These provisions hold good of terumah and first fruits, which is not so in the case of [second] tithes. Now, what is meant by 'which is not so in the case of [second] tithes?' Surely one may deduce that a tithe is neutralised by a greater quantity [than itself]: but if Hezekiah's ruling is correct, it [the tithe] is an article which can become [otherwise] permitted, and whatever can become [otherwise] permitted is not neutralised even in a thousand [times its quantity]! — But how do you know that 'which is not so in the case of the [second] tithe' means that it is neutralised by a greater quantity [than itself]; perhaps it means that it cannot be neutralised at all? — You cannot say thus, because in respect of terumah only the stringencies of terumah are taught, not its leniencies. But he teaches '[they] are accounted the priest's property! — You cannot think so, because it was distinctly taught: The second tithe is neutralized by a greater quantity [than itself]. And of which second tithe was this said? Of a tithe which is not worth a perutah or which has once entered Jerusalem and gone forth again. But if Hezekiah's ruling is correct, let Hezekiah's [remedy] be employed by redeeming it with the earlier money! — It means that he has not [yet] redeemed [any other]. Then let him bring the other tithe [produce] which he has and combine them? — That [which is tithe] by Biblical law and that which is [so] only by Rabbinic law cannot be combined. Then let him bring demai! — [We fear] lest he thereby bring certain [tithe]. Then let him bring two Perutahs, redeeming the tithe [that he brings] with a perutah and a half, and this [the intermixed tithe] with the rest? — Do you think that one and a half perutah's worth of tithe consecrates two perutahs? That is not so; one perutah['s worth] consecrates one Perutah, whilst the half perutah['s worth] does not consecrate [anything]; so again there is [tithe by] Biblical law and [tithe by] Rabbinic law, and these two cannot be combined. Then let an issar be brought? — [That is forbidden,] lest he bring perutahs [for that purpose]. 'Or which has once entered Jerusalem and gone forth again.' But why so? Let it be taken back again! — It refers to defiled [tithe]. Then let it be redeemed. For R. Eleazar said: Whence do we know if second tithe [produce] became defiled, that it is to be redeemed
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even in Jerusalem? From the verse, When thou art not able se'etho ['to bear it']. Now, 'se'eth' can only refer to eating, as it is written, And he took and sent mase'oth ['messes'] unto them from before him! — But this refers to [commodities] purchased with the [redemption]money of the second tithe. But let that also, which is bought with the [redemption] money of the second tithe, be redeemed, for we learnt: If what was redeemed with the [redemption-]money of the second tithe became defiled, it is [itself] to be redeemed! — This agrees with R. Judah, who ruled: It must be buried. If so, why particularly if it has gone forth [again]: the same applies even if it has not gone forth? — But after all, this refers to undefiled [tithe]: and what is meant by 'gone forth'? That the walls [of Jerusalem] had fallen. But did not Raba say: The law of the walls [of Jerusalem], in that it [the second tithe] must be eaten within them, is Biblical; but that they have retaining power is merely Rabbinical: and [consequently] when would the Rabbis enact thus: only as long as the walls were standing, but not when they no longer existed [having fallen]! — The Rabbis drew no distinction whether the barriers were standing or not. R. Huna b. Judah said in R. Shesheth's name: A single clause is taught, [viz.,] Second tithe [produce] worth less than a perutah which has entered Jerusalem and gone forth [again]. But why so? Let it be taken back and eaten! — It means that the walls had fallen. Then let it be redeemed, for Raba said: The law of the walls [of Jerusalem], in that it [the second tithe] must be eaten within them, is Biblical; but that they have retaining power is merely Rabbinical; and [consequently, ought we not to say] when would the Rabbis enact thus: only as long as the walls were standing, but not when they no longer existed [having fallen]! — The Rabbis drew no distinction. If so, why particularly if worth less than a perutah; even if worth a perutah, it is the same? — He [the Tanna] [implicitly] proceeds to a climax. [Thus:] If it contains [a perutah's worth], it is unnecessary to state that the walls retain it. But where it does not contain [a Perutah's worth], I might think that the walls do not retain it: therefore we are taught [otherwise]. Our Rabbis taught: And if a man will at all redeem aught of his tithes [he shall add thereto the fifth part thereof]: 'of his tithes,' but not all his tithes, thus excluding second tithe [produce] worth less than a perutah. It has been stated: R. Ammi said, [This means] that [the tithe] itself is not [worth a perutah]; R. Assi maintained, Its fifth [is less than a perutah]; R. Johanan said, That [the tithe] itself is not [etc.]; R. Simeon b. Lakish said, Its fifth is less [etc.]. An objection is raised. For second tithe worth less than a perutah it is sufficient to declare, 'That itself and its fifth are redeemed with the first money.' Now, on the view that [it does not require redemption even if] its fifth is worth less [than a perutah], it is correct; hence he [the Tanna] states 'it is sufficient,' viz., though that itself contains [the value of a perutah], yet since its fifth does not, it is well. But on the view that [the tithe] itself is worth less, what is [the appropriateness of] 'it is sufficient?' This is indeed a difficulty. The scholars propounded: Is the fifth calculated on the inner sum [sc. the principal] or on the outer [sc. the principal plus the addition]? — Said Rabina: Come and hear: If the owners value it at twenty [sela's], the owners have priority, since they add a fifth. If a stranger declared, 'I accept it for twenty-one,'
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