Parallel
חולין 26:1
Soncino English Talmud · Berean Standard Bible
Their dispute referred only to the case where it had fermented; and our Mishnah, therefore, is in accordance with R. Judah's view. R. Jose b. Huna also reported that their dispute referred only to the case where it had fermented. R. Nahman further said in the name of Rabbah b. Abbuha: If a man bought Tamad with Second Tithe money and it subsequently fermented, that which he has purchased is Second Tithe. Why is this? — Because it now appears that from the outset it was fruit [juice]. But [cannot the same argument be applied to] our Mishnah, which teaches that only if it had fermented [is it purchasable with Second Tithe money] but that if it had not fermented it is not [purchasable with Second Tithe money]? For it might be argued that had he let it stand it would have fermented? — Rabbah answered [that our Mishnah deals with the case] where he let some of it stand in a glass and it did not ferment. Raba, however, said that the author of our Mishnah was R. Johanan b. Nuri. For we have learnt: If a Kortob of wine fell into three logs less a Kortob of water, the mixture having the colour of wine, and the whole of this mixture fell into a [deficient] mikweh, it does not render the mikweh invalid. If a Kortob of milk fell into three logs less a Kortob of water, the mixture having the colour of water, and the whole of this mixture fell into a [deficient] mikweh, it does not render it invalid. But R. Johanan b. Nuri says: It all depends upon the colour. Now did not R. Johanan b. Nuri lay down the rule that we must determine every mixture by its colour? Then in the case of our Mishnah, too, one ought to determine the mixture by its colour, and the taste and colour of the mixture is that of water. The above view differs from that of R. Eleazar. For R. Eleazar said: All agree that one may not set aside other [Tamad] as tithe for this [Tamad], unless this had already fermented. It is clear, then, that he [R. Eleazar] is of the opinion that the dispute [between R. Judah and the Rabbis] refers only to the case where it has not fermented; and when R. Judah said that he was liable to tithe it, he only meant [that he must set aside] some of it [as tithe] for the whole, but not that he may set aside other [Tamad as tithe for this], for then he might be setting aside that which is subject to tithing [as tithe] for that which is exempt, or that which is exempt [as tithe] for that which is subject to tithing. Our Rabbis taught: Tamad before it has fermented
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