מנחות 31 — Soncino English Talmud

¹in connection with the ‘Chest’, for we have learnt: A chest, say Beth Shammai, should be measured on the inside; but Beth Hillel say, On the outside. They agree, however, that the thickness of the legs and the thickness of the rim should not be included in the measurement. R. Jose says, They agree that the thickness of the legs and the thickness of the rim should be included, but that the space between them should not be included. R. Simeon of Shezur says, If the legs were a handbreadth high the space between them should not be included, but if less, it should be included in the measurement. R. Nahman b. Isaac said in connection with ‘Wine’, for we have learnt: R. Meir says, Oil [when rendered unclean] is always unclean in the first degree. The Sages say, Honey also. R. Simeon of Shezur says, Wine also. Are ‘we to infer that the first Tanna holds that it is not so with wine? — Render: R. Simeon of Shezur says, [Only] wine. It was taught: R. Simeon of Shezur related, Once my untithed produce got mixed up with tithed produce, so I went and asked R. Tarfon about it and he advised me, Go and buy some [demai produce] in the market and separate the tithes from it on behalf of the mixture too. He evidently was of the opinion that the majority of ‘amme ha-arez separate the tithes, so that in this case he would be taking the tithe from what is exempt [from the tithe by the law of the Torah] in respect of what is also exempt [by the Torah]. But why did he not advise him, Go and buy produce from a gentile? — Because he holds that a gentile cannot own land in the land of Israel so fully as to release it from the obligation of tithe so that he would be taking the tithe from what was subject [to tithe by the Torah] in respect of what was exempt. Another version states: He advised him, Go and buy produce from a gentile. Evidently he was of the opinion that a gentile can own land so fully in the land of Israel as to release it from the obligation of tithe, so that in this case he would be taking the tithe from what is exempt [by the Torah] in respect of what is exempt too. And why did he not advise him, God and buy’ [demai produce] in the market? — Because he holds that the majority of amme ha-arez do not separate the tithes. R. Yemar b. Shelemya sent the following question to R. Papa: Does the ruling of Rabin b. Hinena who cited ‘Ulla in the name of R. Hanina, namely, that the halachah was in accordance with R. Simeon of Shezur; and moreover, that wherever R. Simeon of Shezur stated his view the halachah was in accordance with it, include that case where untithed produce got mixed up with tithed produce? He replied, It does. R. Ashi said, Mar Zutra told me that R. Hanina of Sura was puzzled at the question. It is obvious, said he;^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ

^ᵃnote:Kel. XVIII, 1.
^ᵇnote:To determine its capacity. If it can hold forty se'ahs liquid or two kors dry ware it is not susceptible to uncleanness, for it is no longer deemed to be a ‘vessel’.
^ᶜnote:I.e., the sides of the chest and the top and bottom are to be included in the measurement.
^ᵈnote:Toh. III, 2.
^ᵉnote:For with whatever grade of uncleanness a liquid came into contact, whether with a primary source of uncleanness or with what was unclean in the first or second degree, it will always be unclean in the first degree. Cf. Pes. 14b.
^ᶠnote:Surely all agree that wine is a liquid and the above principle (v. prec. note) applies.
^ᵍnote:And since the greater part of this mixture was tithed produce the whole is deemed by the law of the Torah to be tithed produce, and is not subject to any further tithe at all. It is, however, subject to tithe by Rabbinic law. The interpretation adopted here is the second given by Rashi, which is indeed preferred by him.
^ʰnote:V. Glos.
^ⁱnote:Demai produce, too, is exempt from tithe by the law of the Torah (because we adopt the majority principle and the majority of ‘amme ha-arez separate the tithes), but is subject to it only by Rabbinic law. It is therefore identical with the produce of the mixture.
^ʲnote:R. Tarfon.
^ᵏnote:The words ‘According to the law of the Torah a substance loses its identity when mixed in a larger quantity’ found here in the text are omitted in all MSS., and are struck out here by Sh. Mek.
^ˡnote:Produce grown in a field belonging to a gentile is, it is assumed for the present, exempt by the law of the Torah from the tithe, but is subject to it only ‘by Rabbinic law.
^ᵐnote:The produce of his field is therefore subject to the tithe by the law of the Torah.
^ⁿnote:So he would then be taking the tithe from what was subject to tithe by the law of the Torah in respect of what was exempt by the law of the Torah

²for does it say ‘Wherever he stated his view in the Mishnah’? It simply says, ‘Wherever he stated his view’. R. Ze'ira said in the name of R. Hananel who said it in the name of Rab, If a rent [in a scroll of the Law] extended into two lines [of the script] it may be sown together; but if into three lines it may not be sewn together. Rabbah the younger said to R. Ashi, Thus said R. Jeremiah of Difti in the name of Raba: The rule that we have laid down, namely, that if it extended into three lines it may not be sewn together, applies only to old scrolls; but in the case of new scrolls it would not matter. Moreover ‘old’ does not mean actually old, nor ‘new’ actually new, but the one means prepared with gall-nut juice and the other means not so prepared. It is [permitted to sew it] only with sinews but not with thread. R. Judah b. Abba raised the question: How is it if [the rent extended] between the columns or between one line and another? — This remains unanswered. R. Ze'iri said in the name of R. Hananel who cited it in the name of Rab, If a mezuzah was written in lines consisting of two words each it is valid. The question was raised: How is it if the first line consisted of two words, the second of three, and the third of one word? — R. Nahman b. Isaac answered, Certainly [it is valid], for it has merely been written like the song. An objection was raised: If he wrote it like the song or the song like it, it is invalid! — That was taught in connection with a scroll of the Law. It has also been reported: Rabbah b. Bar Hanah said in the name of R. Johanan (others say: R. Aha b. Bar Hanah said in the name of R. Johanan), If the mezuzah was written [in lines of unequal length consisting of] two words, three words, and one word, it is valid, provided it was not in the form of a tent, nor tail-like. R. Hisda said, The words, ‘above the earth’ must be [alone] in the last line. Some say [they must be written] at the end of the line, others say at the beginning. ‘Some say, at the end of the line’, for it is written, As the heaven is high above the earth. ‘Others say, at the beginning’, as the heaven is far from the earth. R. Helbo said, I have seen R. Huna rolling up the mezuzah beginning at ‘one’ and finishing at ‘hear’; moreover, he left [the space between] the sections closed. An objection was raised: R. Simeon b. Eleazar said, R. Meir used to write [the mezuzah] on duksustus, in the form of a column,^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ

^ᵒnote:But the whole sheet of parchment must be removed.
^ᵖnote:And no matter how far the rent extended, it may be sewn together again.
^ᵠnote:In that case even though old it is strong, and will withstand any rent, and therefore it may be sewn together again. This is the interpretation according to Alfasi, Hil. Sef. Tor., and Maim. Yad, Sef. Tor. IX, 15. Rashi explains: if treated with gall-nut juice it becomes darkened and is at once regarded as old. A very difficult explanation.
^ʳnote:I.e., to such an extent that had it been in a column it would have gone beyond three lines of script. The question is whether it may be sewn together or not.
^ˢnote:V. Glos.
^ᵗnote:The lines were of unequal length thus: **
^ᵘnote:Sc. the song of Moses, Ex. XV. In the first column of the song the lines are of unequal length, v. Meg. 16b.
^ᵛnote:The words in the consecutive lines must not increase in a regular order, that is, like a tent, narrow above and wide below thus: ** nor decrease in a regular order, that is, tapering off like a tail thus: ** V. Sh. Mek. notes 5 and 6.
^ʷnote:Deut. XI, 22; the last words in the mezuzah.
^ˣnote:Ps. CIII, 11. The penultimate line in the mezuzah ends with ‘the heaven’, so that if ‘above the earth’ were written at the end of the last line it would be seen that ‘the heaven’ is directly above ‘the earth’, in conformity with the expression in Psalms.
^ʸnote:And the furthest distance between these words is obtained by placing ‘the heaven’ at the end of the penultimate line and ‘the earth’ at the beginning of the last line.
^ᶻnote:The opening line of the mezuzah is: Hear, O Israel: the Lord our God, the Lord is One (Deut. VI, 4): and as Heb. is written from right to left, it is clear therefore that R. Huna used to roll up the mezuzah beginning at the left with the word ‘one’ and finishing at the right with the word ‘hear’.
^ᵃᵃnote:I.e., he began the second passage in the mezuzah on the same line as that on which the first passage ended, allowing only a short blank space between the two passages.
^ᵃᵇnote:xuyxuxfus. In making parchment it was the usual practice to split the thickness of the skin and divide it into two sheets, each sheet being treated and prepared. The parchment made from the inner sheet, i.e., the side next to the flesh of the animal, was regarded as the best quality (this was known as ;ke, and that made from the outer sheet, i.e., the side next to the hair, was an inferior quality (this was known as xuyxuxfus).