Beitzah

with respect to Sabbath, so that if one transgressed and tithed it, it is fit for use.1 But is not the remainder put back; and we know R. Eliezer to hold that whenever the remainder can be put back, it does not establish liability?2 For we have learnt: If one took olives out of the vat he may dip them in salt one at a time and eat them [untithed]; but if he dipped ten3 [in salt] and placed them before him he is liable.4 R. Eliezer says: [If he takes them] from a clean vat he is liable; from an unclean vat, he is exempt, because he can put back what remains over.5 And we argued on this: What is the difference between the first clause and the last clause?6 And R. Abbahu answered: The first clause treats of a clean vat and an unclean person, so that he cannot put the remainder back;7 the last clause treats of an unclean vat and an unclean person, so that he can put it back! — Our Mishnah too treats of clean drying figs and an unclean person who cannot put it back. But surely they are de facto put back?8 — Rather said R. Simi b. Ashi:9 You speak of R. Eliezer? R. Eliezer follows his opinion [expressed elsewhere]; for he says that [separating] terumah10 establishes liability, how much more so the Sabbath.11 For we have learnt: If terumah had been separated from fruits before they were completely ready [for tithing],12 R. Eliezer forbids a light meal to be made of it, but the Sages permit.13 Come and hear [a support] from the second clause: BUT THE SAGES SAY: ONLY IF HE MARKS IT OUT AND SAYS: FROM HERE UNTO THERE. Thus it is only on the eve of a Sabbath in the Sabbatical year, when it is free from tithe; but in other years of the septennate, it would be forbidden. What is the reason? Surely because the Sabbath establishes liability? — No, there it is different; since he says, FROM HERE UNTO THERE WILL I EAT TOMORROW, he made it liable for tithing. If so, why particularly of Sabbath: this holds good even on a weekday? This is what he informs us, [namely] that tebel is mukan with respect to Sabbath, so that if one transgressed and separated the tithe, it is fit for use. But the following contradicts this: If one was eating a cluster of grapes14 and entered from the garden into the court,15 R. Eliezer says: He may finish [eating it without tithing], [but] R. Joshua maintains: He may not finish. If it was getting dark towards the Sabbath,16 R. Eliezer says: He may finish [eating the cluster of grapes], [but] R. Joshua maintains: He may not finish.17 — There [it is different] as the passage is explained:18 R. Nathan says: When R. Eliezer said, ‘He may finish’, he did not mean that he may finish [eating it] in the court, but he must leave the court and finish [it in his garden]; and when R. Eliezer said, ‘He may finish’, he did not [mean] that he may finish [it] on the Sabbath, but he waits until the termination of the Sabbath and finishes [it]. When Rabin came [from Palestine], he said in the name of R. Johanan: Neither the Sabbath nor [the separating of] terumah nor [bringing the fruit into the] court, nor [the act of] purchasing establish liability save where it was [otherwise] completely ready [for tithing]. ‘The Sabbath’, to reject the opinion of Hillel; for it was taught: if one carries fruit from one place to another19 and the holiness of the [Sabbath] day came upon him, said R. Judah: Hillel alone forbids [it].20 tithing on a Sabbath is only Rabbinical. make a proper meal of them, not a mere snack, and a proper meal is forbidden before tithing. he may eat a few only; hence he is not liable. But when he cannot put the remainder back, and he takes a number, he evidently intends to eat them all now, and this intention establishes liability to tithes because it will constitute a full and proper meal. Nahman, because it only quotes the view of R. Eliezer, but the Sages differ. liability to tithes too, though it is not yet completely ready. But the Sages dispute this. eat of them a slender meal, for their preparation for tithing is regarded complete only when made into wine. drying; v. Wilna Gaon Ma'as. III and cf. R. Hananel a.l. Assuming that rumek ‘to harvest’ in cur. edd. is a scribal error for ,umek ‘to dry’, the reading of cur. edd. yields equally good sense.]