ראש השנה 14

14:1

And all three dicta of Samuel are necessary. For if he had told us only that the law follows R. Simeon b. Shezuri, I should have said that his reason was because we can rely on mixing; he tells us therefore that mixing is not to be relied on for anything. And if he had told us that mixing is not to be relied on for anything, I should have said that he holds with the Rabbis; therefore he tells us that the halachah follows R. Simeon Shezuri. If again we had only these two dicta, I should have said that Samuel contradicts himself; he therefore tells us that the determining factor is in all cases the full ripening. And if he had told us [only] that the determining factor is in all cases the full ripening, I should have said that this applies also to produce and olives. Therefore he tells us that the halachah follows R. Simeon Shezuri where he expresses a different view. [But if so], let him indicate [only] these two points; why does he tell us that mixing is not in all cases to be relied on? — His object is to tell us that for wine and oil mixing is to be relied on. It has been taught: R. Jose the Galilean says: After that thou hast gathered in from thy threshing-floor and from thy wine press: [this tells us that] just as the [produce brought to the] threshing floor and the wine press have this special feature, that they are nurtured by the waters of the outgoing year and are [consequently] tithed for the outgoing year, so all products which are nurtured by the waters of the outgoing year are tithed for the outgoing year. This excludes vegetables, which are nurtured by the waters of the current year and are [consequently] tithed for the current year. R. Akiba said: ‘After that thou hast gathered it, from thy threshing-floor and thy wine press:’ just as [the products brought to the] threshing-floor and wine press have this special feature that they are nurtured by rain water and [consequently] are tithed for the outgoing year, so all products that are nurtured by rain water are tithed for the outgoing year. This excludes vegetables, which are nurtured by all kinds of water and are consequently tithed for the current year. Where do they [R. Jose and R. Akiba] differ in practice? — R. Abbahu said: They take different views with regard to seedless onions and Egyptian beans, as we have learnt: Seedless onions and Egyptian beans which have been kept without water for thirty days before New Year [and are gathered after New Year] are tithed for the outgoing year and are permitted in the Sabbatical year. Otherwise they are forbidden in the Sabbatical year and are tithed for the current year. ON THE FIRST OF SHEBAT IS NEW YEAR FOR TREES. What is the reason? — R. Eleazar said in the name of R. Oshaia: Because [by then] the greater part of the year's rain has fallen and the greater part of the cycle is still to come. What is the sense of this? What it means is this: ‘Although the greater part of the cycle is still to come, yet since the greater part of the year's rain has fallen, [therefore etc.]’. Our Rabbis taught: ‘It is recorded of R. Akiba that he once plucked a citron tree on the first of Shebat and gave two tithes from

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14:2

it, one in accordance with the ruling of Beth Shammai and one in accordance with the ruling of Beth Hillel. R. Jose b. Judah said: He did not follow the [two] rulings of Beth Shammai and Beth Hillel, but the [two] rulings of Rabban Gamaliel and R. Eliezer, as we have learnt: ‘A citron tree follows the rule of a tree in three respects and of a vegetable in one respect. It follows the rule of a tree in three respects — for ‘uncircumcision,’ for fourth-year fruit, and for the Sabbatical year. It follows the rule of a vegetable in one respect, its tithe [year] being determined by its plucking. So Rabban Gamaliel. R. Eliezer, however, says that a citron follows the rule of a tree in all respects. But is it right to adopt the harder rule from both sides? Has it not been taught: ‘As a general principle, the halachah follows Beth Hillel. If one prefers, however, to adopt the rule of Beth Shammai, he may do so, and if he desires to adopt the rule of Beth Hillel he may do so. One, however, who adopts the more lenient rulings of both Beth Shammai and Beth Hillel [on the same subject] is a bad man, while to one who adopts the more stringent rulings of both Beth Shammai and Beth Hillel may be applied the verse, But the fool walketh in darkness. No; either one must follow Beth Shammai both where they are more severe and more lenient or Beth Hillel both where they are more severe and more lenient’? — [The answer is that] R. Akiba was doubtful about the tradition, and did not know whether Beth Hillel fixed [the New Year for trees] on the first of Shebat or on the fifteenth of Shebat. ‘R. Jose b. Judah said: He did not adopt the two rulings of Beth Shammai and Beth Hillel, but of Rabban Gamaliel and R. Eliezer [But would R. Jose hold that] in respect of the first of Shebat he adopted the ruling of Beth Shammai? — R. Hanina (or some say R. Hananiah) said: The case here is one of a citron which had blossomed before the fifteenth of Shebat of the previous year, and R. Akiba might equally well have done the same thing at all earlier date, but this happened to be the actual date. Rabina said: Combine the two statements. It was not the first of Shebat but the fifteenth of Shebat, and he [R. Akiba] did not adopt the two rulings of Beth Shammai and Beth Hillel but of Rabban Gamaliel and R. Eliezer. Rabbah son of R. Huna said: Seeing that Rabban Gamaliel has said that the tithe year of a citron tree is determined by its plucking like that of a vegetable, its New Year [like that of a vegetable] must be the first of Tishri. The following was cited in objection to this: ‘R. Simeon b. Eleazar says: If a man plucked the fruit of a citron tree on the eve of the fifteenth of Shebat before sunset, and then plucked some more after sunset, terumah and tithe must not be given from one lot for the other because terumah and tithe are not given from the new for the old nor from the old for the new. [If it was at the meeting point of the third and] fourth years, [from the fruit of] the third year he gives first tithe and the tithe of the poor, and from the fruit of the fourth year the first tithe and the second tithe’.16

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