חגיגה 25 — Soncino English Talmud

¹THAT ARE MIXED UP, THEY ARE TRUSTED DURING THE SEASON OF THE WINE-PRESSES AND THE OLIVE-VATS AND PRIOR TO [THE SEASON OF] THE WINE-PRESSES SEVENTY DAYS. GEMARA. In Judea but not In Galilee: what is the reason? Resh Lakish said: Because a strip of [land inhabited by] Cutheans separates them. — Let it be brought then in a box, chest or turret! — This is according to Rabbi, who said: A tent in motion is not to be considered a tent. For it is taught: One who enters Gentile territory in a box, chest or turret, Rabbi declares to be unclean, and R. Jose b. Judah to be clean. — But let it be brought in an earthenware vessel fitted with a close-bound covering! R. Eliezer said: They teach: Hallowed things are not protected by a close-bound covering. — But it is taught: The [water of] purification is not protected by a close-bound covering. Surely this implies that hallowed things are protected! — No, it implies that water which is not yet sanctified is protected by a close-bound covering. — But ‘Ulla said: The Associates prepare [their hallowed things] in purity in Galilee! — They let them remain; and when Elijah comes he win purify them. AND ONLY AT THE SEASON OF THE WINE-PRESSES AND OLIVE VATS IN REGARD TO TERUMAH. Now we shall point to a contradiction. He who finished [gathering] his olives, let him leave one basket [for terumah] and give it to a poor priest! — R. Nahman said: There is no contradiction: the one [Mishnah] refers to early-ripening [olives], and the other refers to later ripening [olives]. Said R. Adda b. Ahaba to him: Which [are caned late-ripening]? Like those of your fathers. R. Joseph said: They taught this of Galilee. Abaye put an objection to him: Transjordania and Galilee are like Judea: they are trusted [there] In regard to the wine during the wine-season, and in regard to the oil during the oil-season; but not in regard to the wine during the oil-season, and not in regard to the oil during the wine-season? — The best [explanation], therefore, is that which was given at first. IF [THE SEASON OF] THE WINE-PRESSES AND OLIVE-VATS WAS PASSED, AND ONE BROUGHT TO HIM A JAR OF WINE OF TERUMAH, THE LATTER MAY NOT ACCEPT IT FROM HIM. HOWEVER, [THE ‘AM HA-AREZ,] MAY LEAVE IT FOR THE COMING [SEASON] OF THE WINE-PRESS. R. Shesheth was asked: If [the priest] transgressed and accepted It, may he leave it for the next [season of the] winepress?-He answered them: Ye have learnt it:^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ

^ᵃnote:Explained in Gemara (p. 161) to mean that unconsecrated wine terumah and drink-offering are mixed together, though, as a rule, the expression is a technical term for the admixture of secular produce with terumah in proportions sufficient to make the whole prohibited to non-priests. ,ugnusnv In (‘mixed up’) is f. pl. part. pu'al, from (pi'el), denom. of gns == ‘(sacred) fruit’, from rt gns == ‘flow, weep’; cf. Ex. XXII, 28.
^ᵇnote:When it is customary to begin purifying the vessels for the wine. Though normally the ‘am ha-ares is not trusted in regard to his jugs even during the vat-season, in this case he is trusted, because he is believed in regard to the drink-offering therein; v. p. 161, n. 1.
^ᶜnote:I.e., Samari-tans; v. II Kings XVII, 24, 29, and J.E. vol. IV, p. 398. For the Talmudic attitude to Samaritans, v. /.E. vol. X, p. 672f (s. Religion). For censorial influence on word, v. last, s.v. h,uf .
^ᵈnote:The Sages declared heathen territory to be unclean, for fear of defilement by an undiscovered grave; v. Shab. 14b-15a. Thus even Associates could not bring sacred things (e.g., libations) from Galilee to the Temple, which was in Judah.
^ᵉnote:I.e., a kind of chest or case. These receptacles, it is held, could protect their contents against defilement.
^ᶠnote:I.e., such a receptacle. technically termed a tent, does not protect its contents from defilement.
^ᵍnote:V. Naz. 55a (Sonc. ed., p. 204 notes).
^ʰnote:V. Nun,. XIX, 15.
^ⁱnote:Read with MS.M.: R. Eleazar.
^ʲnote:Heb. ihbua an unusual expression for a Baraitha teaching, for which the most common formula is thb, (it is taught).
^ᵏnote:Lit., ‘delivered’, . sc. from defilement.
^ˡnote:I.e., the ashes of the red heifer had not yet been put in.
^ᵐnote:And may afterwards be used with the ashes for sprinkling.
^ⁿnote:I.e., their wine and oil for Temple use (Rashi).
^ᵒnote:Which, Implies that there is a way of transporting them in purity to the Temple.
^ᵖnote:Rashi reads, ‘Maybe Elijah win come’. For the concept of Elijah as the solver of an religious controversies and legal disputes v. Men. 45b; Ab. R. N. xxxiv; Num. l lab. III, near the end. For the general Rabbinic concept of Elijah v. J.E. pp. 122-127.
^ᵠnote:I.e., reveal a path by ‘which the hallowed things can be brought, which does not lead through heathen territory. [The Associates, accordingly, who lived during the Temple times and who were anxious to express their devotion, to it, would prepare their wine and oil in purity in the expectation that Elijah might come and direct them, through a clean path enabling them to bring these to the Temple. Rashi, Nid. 6b, refers this to the period after the Destruction of the Temple, when the Associates would follow this practice in the expectation that the Temple might be rebuilt in their days.]
^ʳnote:I.e., an ‘am ha-arez.
^ˢnote:Var. lec., ‘and left’.
^ᵗnote:Heb. ivf(v) hbgk (this reading is supported by Maimonides) i.e., the ‘am ha-arez, must give the olives to the priest before they become susceptible to uncleanness, so that the priest may prepare the olive-oil himself in purity. A poor priest is mentioned, because a rich one would not accept such terumah, as he would not wash to bother himself with the pressing of a small quantity of olives. But ‘Aruk and Tosaf and so apparently Rashi (v. Tosaf.) read, ivfv hbhgk , ‘in the presence of the priest , I.e., so that the priest may be sure that the olives have not been rendered susceptible to uncleanness. According to either reading this Mishnah snows that the ‘am ha-arez is not to be trusted even during the season, and thus contradicts our own Mishnah.
^ᵘnote:l.e., our own.
^ᵛnote:Which are gathered at the normal season: consequently the ‘am ha-arez is trusted.
^ʷnote:Since these are gathered after the normal season, the ‘am ha-ares is no longer trusted in regard to terumah.
^ˣnote:The second Mishnah (Toh. IX, 4), according to which the ‘an ha-arez not to be trusted at all, refers to Galilee, whereas our own Mishnah according to which the ‘am ha-ares is to be trusted during the proper season, expressly refers to Judah. Tosaf. a.I. explains that the Galileans were rich and produced so much olive oil that their season continued much later.
^ʸnote:Lit., ‘the white (explanation)’.
^ᶻnote:I.e., R. Nahman's.

²If an Associate and an ‘am ha-arez inherited [jointly] from their father, who was an ‘am ha-arez, [the Associate] may say to the other: ‘Take thou the wheat that is in one place, and I [shall take] the wheat that is In the other place; [or] take thou the wine that is in the one place, and I [shall take] the wine that is in the other’. But he may not say to him: ‘Take thou the liquid [produce] and I [shall take] the dry; [or] take thou the wheat and I [shall take] the barley’, And it is taught with , regard to this: That Associate burns the liquid [produce] and leaves the dry. Why now? Let him leave it for the coming [season of the] wine-press! — [It refers] to something which has no pressing [season]. — Let him leave it then for the [next] Festival! — [It refers] to something which cannot be kept till the Festival. BUT IF HE SAID TO HIM, I HAVE SET APART THEREIN A QUARTER LOG AS A HALLOWED THING’, HE IS TRUSTED [IN REGARD TO THE PURITY OF THE WHOLE]. We have learnt there: Beth Shammai and Beth Hillel agree that for the purpose of preparing the Passover sacrifice one may investigate [a field containing a ploughed grave], but not for the purpose of eating terumah. What is meant by ‘investigate’? — Rab Judah said that Samuel said: A man blows [on the ground] of a Beth ha-Peras [grave area] and proceeds. But R. Hiyya b. Abbah in the name of ‘Ulla said: A Beth ha-peras which has been trodden is clean. In the case of those who go to prepare the Passover sacrifice, [the Sages] did not maintain their enactment where kareth [extinction] was involved; in the case of those who go to eat terumah, they maintained their enactment where death [at the hands of Heaven] was involved. A question was asked: If one investigated [a Beth Peras] for his Passover sacrifice, may he [also] eat his terumah? Rabbah b. ‘Una said: If one investigated [a Beth Peras] for his Passover sacrifice, he may not [also] eat his terumah. Said an old [scholar] to him: Do not dispute with ‘Ulla, for we have learnt according to his view: BUT IF HE SAID TO HIM, ‘I HAVE SET APART THEREIN A QUARTER-LOG AS A HALLOWED THING’, HE IS TRUSTED [IN REGARD TO THE PURITY OF THE WHOLE]. Thus, since he is trusted in regard to hallowed things, he is trusted also in regard to terumah. Likewise In our case, since he is credited [to be clean] in regard to the Passover sacrifice, he is credited [to be clean] also in regard to terumah. IN. REGARD TO JUGS OF WINE AND JUGS OF OIL etc. A Tannna taught: They are not trusted either in regard to the casks or in regard to the terumah. Casks of what? If they are casks of hallowed things, then since they are trusted in regard to the hallowed things, they are to be trusted also in regard to the casks! If, on the other hand, they are casks of terumah, this is obvious? For if they are not trusted in regard to terumah, are they to be trusted in regard to the casks! it must refer, therefore, to empty [casks] of hallowed things at any time of the year, or to full [casks] of terumah at the time of the vats. We have learnt: IN REGARD TO JUGS OF WINE AND JUGS OF OIL THAT ARE MIXED UP: surely [it means] mixed up with, terumah! — The School of R. Hiyya said: [It means] mixed up with hallowed things. — But does ‘mixing up’ obtain in the case of hallowed things? The School of R. Ila'i said: It is a case where he prepares his untithed produce in purity in order to take therefrom drink-offerings. PRIOR TO [THE SEASON OF] THE WINE-PRESSES SEVENTY DAYS. Abaye said: From this is to be deduced that it is obligatory on the aris [tenant] to see to the provision of the jugs seventy days before the pressing-season. MISHNAH. FROM MODI'IM INWARDS [THE POTTERS] ARE TRUSTED IN REGARD TO EARTHENWARE VESSELS; FROM MODI'IM OUTWARDS THEY ARE NOT TRUSTED. FOR INSTANCE: IF THE POTTER WHO SELLS THE POTS ENTERED INWARDS OF MODI'IM, THEN THE SAME POTTER IN REGARD TO THE SAME POTS AND IN REGARD TO THE SAME BUYERS IS TRUSTED. BUT IF HE WENT OUT [FROM MODl'IM OUTWARDS] HE IS NOT TRUSTED. GEMARA. A Tanna taught: Modi'im [itself] is sometimes [considered] as inwards, sometimes as outwards. For instance: If the potter is going Out and the Associate is coming in, it is [considered] as inwards. If both are coming in^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ^ᵃˢ^ᵃᵗ^ᵃᵘ^ᵃᵛ^ᵃʷ^ᵃˣ^ᵃʸ^ᵃᶻ^ᵇᵃ^ᵇᵇ^ᵇᶜ^ᵇᵈ^ᵇᵉ

^ᵃᵃnote:The former being susceptible to uncleanness, but not the latter.
^ᵃᵇnote:In regard to each kind of produce, the Associate may chose for himself the produce that has not been rendered susceptible to uncleanness, or which he knows still to be clean. But he is not entitled to exchange one kind of produce for another11 the heritage, and by so doing he would transgress Lev. XIX, 14, (‘nor put a stumbling-block before the blind’). The principle (as Rashi explains) on which this Mishnah is based is that of vrhrc (retrospective selection or designation; v. last. s.v.), which applies to different parts of the same produce, but not to different kinds of produce, because on the father's death a share in each kind of produce comprising the heritage falls in each heir.
^ᵃᶜnote:I.e., if he is a priest and inherits oil which is terumah, he nay use it for kindling his lamp.
^ᵃᵈnote:I.e., no special manufacturing season, e.g., beer or meat. According to this explanation, ‘burn’ means ‘destroy’.
^ᵃᵉnote:When the produce of the ‘am ha-arez, is considered clean: v. pp, 165-6.
^ᵃᶠnote:I.e., if a man who is going to prepare his Passover sacrifice must traverse a field containing a ploughed grave, he may walk through the field provided he investigates his path so as to avoid defilement by contact with splintered bones; for bones from the size of a barley grain (unless they comprise a quarter-kab of the larger bones or the greater number of the bones, when they defile in accordance with the law of tent-covering’; v. p , 56, n. 6 and Oh. II, 1) defile only when touched or carried.
^ᵃᵍnote:Investigation cannot be relied upon; v. p, 160, n. 5.
^ᵃʰnote:In order to blow away from his path any bone-splinters large enough to de-file by contact (v. supra, n. 6): the bigger bones he would see and avoid.
^ᵃⁱnote:xrp == ‘half’ sc. furrow (cf Tosef. Neg. VII, 10, where Peras == ‘half a loaf’. xrp ,hc (the area of, i.e., a square, Peras) is a technical term for a field, the area of fifty square cubits (a square halffurrow) rendered unclean on account of crushed bones carried over it from a ploughed grave; v. M.K. 5b and D.S. a.l. note; Oh. XVII, 1 where ten cubits represents the size of the full furrow; and Nid. 57a. The above explanation of Beth Peras follows Jastrow's view (v. Dict. s. xrp ) and adopts the reading vbgn hmj (‘half a furrow’) instead of the usual reading vbgn tkn (‘a full furrow’) In M.K. 5b. I Rashi (to Nid. 57a) explains Peras from rt. meaning ‘to break’ i.e., an area of crushed bones; Maim. (to Oh. XVII) from rt. meaning ‘to extend’ i.e., area of extension; v. also Levy s.v.
^ᵃʲnote:It should be investigated then by seeing whether it has been trodden or not.
^ᵃᵏnote:The uncleanness of a Beth Peras is a Rabbinic law.
^ᵃˡnote:,rf = ,rfv (Niph. infin.), ‘to be cut off’; cf. the recurrent Pentateuchal formula, ‘that soul shall be cut off from among his people’. It is a term for divine punishment (opp. to v,hn capital punishment) incurred for thirty-six kinds of transgression (v. Ker. I, 1), including neglect to offer the Passover sacrifice at the proper time; v. Num. IX, 13. The nature of the punishment is variously explained: (a) childlessness (Rashi to Shab. 25a, s. ,rfu ); (b) premature death (M .K. 28a); (c) extinction of soul (Sanh. 64b). Maim. (Teshubah Ch. VIII) holds that kureth means that the soul perishes completely; but this view is controverted by Nahmanides (Comm. to Pentateuch end of hrjt ).
^ᵃᵐnote:E.g., for wittingly eating terumah when he was unclean. Kureith is the severer penalty; nevertheless the Rabbis waived their enactment regarding a Beth Peras in the case of the Passover sacrifice, because it has a fixed time. But in the case of terumah, for the eating of which there is no fixed time, the priest must either avoid the Beth Peras by taking a longer route, or else if he traverses it, he must purify himself in accordance with the law of corpse-defilement, before partaking of the terumah (cf. our passage in Pes. 92b with Rashi and Tosaf. a.l.).
^ᵃⁿnote:For it would be unseemly that part of the wine should be offered as a libation, whilst another part, intended as terumah, should be considered unclean.
^ᵃᵒnote:Once the hallowed contents have been emptied out, the ‘am ha-arez cannot be relied upon in regard to the purity of his vessels. —
^ᵃᵖnote:In regard to hallowed things, there is no distinction between the vat-seasons and the rest of the year.
^ᵃᵠnote:Though the ‘am ha-ares was trusted at the appropriate pressing-season in regard to the terumah, in order that the Associate priests might not be deprived of the greater part of their dues, he was not trusted in regard to the vessels (cf. p. 163, ‘And do not wonder, etc.’). Thus the priest could not accept the terumah in the original vessels, but had to empty it into his own.
^ᵃʳnote:And yet he is trusted, the Mishnah tells us, in regard to the vessels! V. p. 156, n. 6.
^ᵃˢnote:‘Mixing up’ necessarily obtains in the case of terumah, because an untithed produce contains a part which must event many be set apart as terumah; but not so hallowed things, which have not perforce to be separated from the untithed produce. V. next note.
^ᵃᵗnote:Heb. tebel i.e., produces in that stage in which the separation of levitical and priestly shares respectively is required before one may partake of them; eatables forbidden pending the separation of sacred gifts. tebel, however, is not subject to tithes until it is brought home (Jast. s.v. kcy ).
^ᵃᵘnote:I.e., unconsecrated produce, hallowed produce, and terumah are all mixed together; and since he is trusted in regard to the hallowed produce, he is also trusted in regard to both the terumah and the vessels on the principle explained on p. 161, n. 1.
^ᵃᵛnote:A sub-farmer who tills the owner's ground for a given share in the produce.
^ᵃʷnote:In Mishnah edd., Modi'ith; also occurs as Moda'ith and Modi'im. V. I Macc. II,1. Described in pes. 93fi (q.v.) as fifteen mil — each of two thousand cubits or three thousand five hundred feet — from Jerusalem. Perhaps it is to be identified with the modern Amdiyeh, seventeen miles north-west of Jerusalem.
^ᵃˣnote:I.e., towards Jerusalem.
^ᵃʸnote:l.e., potters, who are ‘amme ha-arez are trusted within this radius from Jerusalem in regard to small, essential earthenware vessels like pots and cups, because no furnaces, whether for pottery or lime, were permitted in Jerusalem on account of the smoke.
^ᵃᶻnote:Note the var. lec. in the Gemara quotation (v. p. 163, n. 4).
^ᵇᵃnote:I.e., who brought the vessels inwards of Modi'im; but should be transfer them to another potter (who is an ‘am ha-ares) they may not be purchased.
^ᵇᵇnote:I.e., which the potter himself bought; but he is not trusted in regard to vessels he may have acquired from a local potter.
^ᵇᶜnote:I.e., only if the Associate buyers themselves saw the potter bring the vessels in, may they buy them from him.
^ᵇᵈnote:I.e.,if the potter enters Modi'im from inwards and the Associate from out-wards.
^ᵇᵉnote:As the potter is leaving the inward area, the Associate is permitted to buy from him, in order that he should not be left without vessels.