Soncino English Talmud
Niddah
Daf 50a
A certain blind man who lived in the neighbourhood of R. Johanan used to try lawsuits and the latter told him nothing against it. But how could he act in this manner, seeing that R. Johanan actually stated, 'The halachah is in agreement with an anonymous Mishnah', and we have learnt, WHOSOEVER IS ELIGIBLE TO ACT AS JUDGE IS ELIGIBLE TO ACT AS WITNESS, BUT ONE MAY BE ELIGIBLE TO ACT AS WITNESS AND NOT AS JUDGE, and when the question was raised, 'What was this intended to include?' R. Johanan replied, 'To include one who is blind in one eye'? — R. Johanan found another anonymous Mishnah. For we have learnt, Monetary suits must be tried by day and may be concluded by night. But why should this anonymous Mishnah be deemed more authoritative than the former? If you wish I might reply: An anonymous Mishnah which represents the view of a majority is preferable. And if you prefer I might reply: Because it was taught among the laws of legal procedure. MISHNAH. WHATSOEVER IS SUBJECT TO TITHES IS SUSCEPTIBLE TO FOOD-UNCLEANNESS; BUT THERE IS A KIND OF FOODSTUFF THAT IS SUSCEPTIBLE TO FOOD-UNCLEANNESS AND IS NOT SUBJECT TO TITHES. GEMARA. What was this intended to include? — To include flesh, fish and eggs. MISHNAH. WHATSOEVER IS SUBJECT TO THE OBLIGATION OF PE'AH IS ALSO SUBJECT TO THAT OF TITHES; BUT THERE IS A KIND OF PRODUCE WHICH IS SUBJECT TO THE OBLIGATION OF TITHES AND IS NOT SUBJECT TO THAT OF PE'AH. GEMARA. What was this intended to include? — To include the fig-tree and vegetables, which are not subject to the obligation of pe'ah. For we have learnt: They have laid down a general rule concerning pe'ah. Whatsoever is a foodstuff, is kept under watch, grows from the ground, is all harvested at the same time, and is taken in for storage, is subject to pe'ah. 'A foodstuff', excludes the after-growths of woad and madder; 'is kept under watch', excludes hefker; 'grows from the ground', excludes morils and truffles; 'is all harvested at the same time', excludes the fig-tree; and is taken in for storage', excludes vegetables. As regards tithes, however, we have learnt: Whatsoever is a foodstuff, is kept under watch and grows from the ground is subject to the obligation of tithes; whereas 'is all harvested at the same time and is taken in for storage' was not mentioned. But if garlic or onions grew among them they are subject [to pe'ah]. For we have learnt: As regards plots of onions between other vegetables, R. Jose ruled, Pe'ah must be left from each and the Sages ruled, From one for all. Rabbah b. Bar Hana citing R. Johanan ruled: If endives were originally sown for cattle-food and then [the owner] changed his mind to use them for human food,
Sefaria
Niddah 51a · Niddah 51a · Niddah 51b · Sanhedrin 32a · Shabbat 68a · Pesachim 56b
Mesoret HaShas