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פסחים 21
Soncino English Talmud · Berean Standard Bible
The compromise of a third [view] is not a compromise. R. Jose son of R. Hanina said: The controversy is where it falls into less than one hundred se'ahs of unclean hullin; but if it falls into one hundred [se'ahs] unclean hullin, all agree that it must descend and be defiled, and he must not defile it with [his own] hands. It was taught likewise: If a cask [of clean terumah] was broken in the upper vat, and beneath it there is one hundred [times as much] unclean hullin. R. Eliezer concedes to R. Joshua that if he can save a rebi'ith thereof in purity he must save it, but if not, let it descend and be defiled, but he must not defile it with [his own] hands. [But instead of] this [phrase]. ‘R. Eliezer concedes to R. Joshua’. ‘R. Joshua concedes to R. Eliezer’ is required? — Said Raba: Reverse it. R. Huna the son of R. Joshua said: After all you need not reverse it: what case do we discuss here? That of a vessel, the inside is clean while its outside is unclean; you might say,Let us enact a preventive measure lest its outside touch the terumah. Therefore he informs us [otherwise]. MISHNAH. THE WHOLE TIME THAT ONE IS PERMITTED TO EAT [LEAVEN], ONE MAY FEED IT TO CATTLE, BEASTS, AND BIRDS, AND HE MAY SELL IT TO A GENTILE, AND BENEFIT THEREOF IS PERMITTED. WHEN ITS PERIOD HAS PASSED, BENEFIT THEREOF IS FORBIDDEN, AND HE MAY NOT FIRE AN OVEN OR A POT RANGE WITH IT. R. JUDAH SAID: THERE IS NO REMOVAL OF LEAVEN SAVE BY BURNING; BUT THE SAGES MAINTAIN: HE ALSO CRUMBLES AND THROWS IT TO THE WIND OR CASTS IT INTO THE SEA. GEMARA. THE WHOLE TIME THAT ONE IS PERMITTED TO EAT [LEAVEN] ONE MAY FEED etc. Hence the whole time that one is not permitted to eat it, he may not feed [cattle. etc., therewith]: shall we say that our Mishnah is not according to R. Judah; for if R. Judah, surely there is the fifth hour when he may not eat, yet he may feed. For we learned: R. Meir said: One may eat [leaven] the whole of the five [hours] and must burn [it] at the beginning of the sixth. R. Judah said: One may eat the whole of the four [hours], keep it in suspense the whole of the fifth, and must burn it at the beginning of the sixth! — What then? It is R. Meir! [Then instead of] this [Phrase]. ‘THE WHOLE TIME THAT ONE IS PERMITTED TO EAT, ONE MAY FEED,’ THE WHOLE TIME THAT ONE eats, he MAY FEED is required? — Said Rabbah b. ‘Ulla: Our Mishnah agrees with R. Gamaliel, For we learned: R. Gamaliel said: Hullin may be eaten the whole of the four [hours] and terumah the whole of the five, and we burn [them] at the beginning of the sixth. And this is what he [the Tanna] states: THE WHOLE TIME THAT IT IS PERMITTED to a priest to eat terumah, a [lay] Israelite MAY FEED HIS CATTLE, BEASTS AND BIRDS with HULLIN. For what purpose does he state, CATTLE and for what purpose does he state BEASTS? They are necessary: for if he stated CATTLE, [I might say.] that is because if they leave over it is fit for them; but [as for] BEASTS, which if they leave over hide it, I would say [that it is] not [so]. While if he stated BEASTS, [I might say]. that is because if they leave over they at least hide it; but as for cattle, sometimes they leave over and he [the owner] may not think about it, and so transgress ‘it shall not be seen and ‘it shall not be found’ on its account, [and therefore] I might say [that it is] not [so]: thus they [both] are necessary. What is the purpose of BIRDS? — Because he states CATTLE and BEASTS, he also states BIRDS. AND HE MAY SELL IT TO A GENTILE. That is obvious? It is to reject [the view of] this Tanna. For it was taught: Beth Shammai maintain: A man must not sell his leaven to a Gentile, unless he knows thereof that it will be consumed before Passover; but Beth Hillel say: As long as he [the Jew] may eat it, he may sell it.
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R. Judah B. Bathyra said: Kutah and all kinds of kutah! may not be sold thirty days before Passover. AND BENEFIT THEREOF IS PERMITTED. That is obvious? It is necessary [to teach it] only where he charred it [in the fire] before its time, and he [the Tanna] informs us [that the law is] as Rabbah. For Rabbah said: If he charred it [in the fire] before its time, benefit [thereof] is permitted even after its time. WHEN ITS PERIOD HAS PASSED, BENEFIT THEREOF IS FORBIDDEN. That is obvious? — It is necessary [to state this] only in respect of the hours [when leaven is interdicted] by Rabbinical law. For R. Gidal said in the name of R. Hiyya b. Joseph in R. Johanan's name: He who betroths from the sixth hour and onwards, even with wheat of Cordyene. We have no fear of his betrothal. AND HE MAY NOT FIRE AN OVEN OR A POT-RANGE WITH IT. That is obvious? — This is necessary only according to R. Judah, who maintained: There is no removal of leaven save by burning. You might argue, since R. Judah said, Its precept demands burning, then while he is burning it let him benefit from it. Hence we are informed [that it is not so]. Hezekiah said: How do we know that leaven during Passover is forbidden for [general] use? Because it is said, there shall no leavened bread be eaten: [meaning,] there shall not be in it permission [i.e.. the right] of eating. [Thus] the reason is because the Divine Law wrote, ‘there shall no leavened bread be eaten’; but if ‘shall not be eaten’ were not written, I would say, prohibition of eating is implied, [but] prohibition of benefit is not implied. Now he differs from R. Abbahu, for R. Abbahu said: Wherever it is said, ‘It shall not be eaten,’ ‘that shalt not eat,’ ‘ye shalt not eat,’ the prohibitions of both eating and benefit [in general] are understood, unless the Writ expressly states [otherwise], as it does in the case of nebelah. For it was taught: Ye shall not eat of [nebelah] anything that dieth of itself: thou mayest give it unto the stranger [ger] that is within thy gates, that he may eat it; or thou mayest sell it unto a foreigner: know only that it may be ‘given’ to a stranger or ‘sold’ to a foreigner [heathen]; how do I know [that] selling to a stranger [ger] [is permitted]? Therefore it is stated, ‘thou mayest give it unto the stranger [ger] that is within thy gates ... ‘or sell.’ How do we know [that] giving to a foreigner [is permitted]? Because it is stated, ‘thou mayest give it, that he may eat it, or thou mayest sell it unto a foreigner’, thus the result is that [to] a stranger [ger] and a foreigner [heathen] alike, both selling and giving [are permitted]: this is R. Meir's view. R. Judah said: The words are as they are written, [viz..] to a ger it must be given and to a heathen it must be sold. What is R. Judah's reason? If you should think as R. Meir says,let the Divine Law write, thou mayest give it unto the stranger [ger] that is within thy gates, that he may eat it, and thou mayest sell it: why state ‘or’? Infer from this that the words are as they are written. And R. Meir? — ‘Or’ is to show that giving to a ger takes precedence over selling to a heathen. And R. Judah?- No verse is required for this: since you are commanded to maintain a ger, but you are not commanded to maintain a heathen, a verse is not required, [for] it stands to reason. On the view of R. Meir who maintained,[to] a ger and a heathen alike, both selling and giving are permitted, it is well: since a verse is required to permit benefit from a nebelah, it follows that all other things forbidden in the Torah are forbidden in respect of both eating and [general] benefit. But according to R. Judah, who maintained, it comes from [the purpose of teaching that] the words are as they are written, whence does he know that all [other] things forbidden in the Torah are forbidden in respect of benefit? He deduces it from, [ye shall not eat any flesh that is torn of beasts in the field;] ye shall cast it to the dogs:20
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