Pesachim

but that people do not err between day and night; and logically we should give them more at the end,1 but that in the fifth hour the sun is in the east while in the seventh the sun is in the west. 2 We learned: R. MEIR SAID: ONE MAY EAT [LEAVEN] THE WHOLE OF THE FIVE [HOURS] AND MUST BURN [IT] AT THE BEGINNING OF THE SIXTH. R. JUDAH SAID: ONE MAY EAT THE WHOLE OF THE FOUR [HOURS]. KEEP [IT] IN SUSPENSE THE WHOLE OF THE FIFTH, AND MUST BURN [IT] AT THE BEGINNING OF THE SIXTH. Now according to Abaye who maintains that on R. Meir's view a man does not err at all, let us eat [leaven] for the whole of the six [hours]?3 And even on the version which asserts [that] a man may err slightly, let us eat until the end of the sixth hour?4 And according to Abaye on R. Judah's view, who maintains [that] a man may err in half an hour, let us eat [leaven] until half of the sixth hour; and even on the version in which you say. A man may err in an hour and a trifle, let us eat until the end of the fifth hour? — Said Abaye: Testimony is committed to careful men,5 [whereas] leaven is committed to all.6 Now according to Raba who maintains [that] on R. Meir's view a man may err in two hours less a trifle, let us not eat [leaven] from the beginning of the fifth [hour]? — In the fifth [hour] the sun is in the east, while in the seventh the sun is in the west.7 If so, let us eat during the sixth [hour] too? — Said R. Adda b. Ahabah: In the sixth the sun stands in the meridian.8 And according to Raba who maintains on R. Judah's view [that] a man may err in three hours less a trifle, let us not eat from the beginning of the fourth [hour]? — In the fifth [hour] the sun is in the east, while in the seventh it is in the west, and all the more so in the fourth. If so, let us also eat in the fifth [hour]? — Abaye answered this on Raba's view: Testimony is committed to men of care, [whereas] leaven is committed to all.9 But Raba said: Now this is R. Judah's reason, but R. Judah follows his opinion. for he maintains, There is no removal of leaven save by burning; the Rabbis therefore gave him one hour in which to collect fuel.10 Rabina raised an objection to Raba: R. Judah said: When is this?11 before12 the time of removal;13 but at the time of removal its ‘putting away’ is with anything.14 Rather said Raba: It is a preventive measure on account of a cloudy day.15 If so, let us not eat even during the four hours? — Said R. Papa: The fourth [hour] is the general mealtime.16 Our Rabbis taught: The first hour [of the day] is the mealtime for gladiators;17 the second is the mealtime for robbers;18 the third is the mealtime for heirs;19 the fourth is the mealtime for labourers;20 the fifth is the mealtime for scholars; the sixth is the general mealtime.21 But R. Papa said: The fourth [hour] is the general mealtime? — Rather reverse it: The fourth is the general mealtime; the fifth is for labourers; and the sixth is for scholars. After that it is like throwing a stone into a barrel.22 Abaye said: That was said only if nothing at all is eaten in the morning; but if something was eaten in the morning. we have nought against it. R. Ashi said: As there is a controversy in respect of testimony. so is there a controversy in respect of leaven.23 But it is obvious? That is precisely what we have said!24 This is what he informs us: the answers which we gave are [correct] answers, and you need not say that it is dependent on Tannaim.25 R. Simi b. Ashi said: They learned this26 only in respect of hours;27 but if one testified [that the crime was committed] before sunrise and the others testified, after sunrise, their testimony is void. That is obvious? — Rather [say] if one testified [that it was] during sunrise, their testimony is void. That too is obvious? You might say, Both testified to the same thing, while he who said [that it was] third, their testimony is valid (v. Supra 11b), unless they are rebutted over the whole period in which an error is possible. Thus A, if rebutted, can plead that he erred, and that the crime actually took place either in the first hour or in the third or fourth. He should also be able to plead that it took place within the hour before sunrise, since R. Meir allows for an error of nearly two hours, but that he would never mistake night for day. Similarly B, if rebutted, can plead that he erred, and that the crime took place at any time between the first and the fifth hour. Hence they are liable to be rebutted over the whole of this time; i.e., C and D testify that they were elsewhere from the first until the fifth hour, and such rebuttal is designated a rebuttal in respect of hours, and therefore the evidence, if unrefuted, is valid. By the same reasoning, according to R. Judah, who allows for a margin of nearly three hours’ error, the period is from the first until the sixth hour, the seventh being disregarded, as explained in the Gemara. — This wide latitude is granted only in so far that the witnesses will not be subject to retaliation (v. p. 53, n. 4) otherwise, but the evidence none the less may be void. E.g., if it is necessary to assume that B erred in two hours and that he really meant the fifth hour, A's testimony cannot be reconciled with it on any reasoning, and as we are left with one witness only the accused cannot be condemned. cross-examined. sun's position. Nevertheless, they would not err from the fourth to the seventh. another way. the day. prohibition of leaven. informs us that it is unnecessary to assume that they actually represent irreconcilable opinions. there being a controversy of Tannaim as to the views of R. Meir and R. Judah.