Pesachim

Surely then they differ in this, [viz..]: R. Jose the Galilean holds, ye shall not eat’ connotes both a prohibition of eating and a prohibition of benefit, and when the verse comes to permit nebelah, it comes in respect of benefit. While R. Akiba holds: it connotes a prohibition of eating, [but] does not connote a prohibition of benefit, and for what [purpose] does the verse come? In respect of uncleanness and cleanness! No: all hold that ‘ye shall not eat’ connotes both a prohibition of eating and a prohibition of benefit, but here they differ in this: R. Jose the Galilean holds, when nebelah was permitted,1 it [alone] was permitted, [whereas] its fat [heleb] and its sinew2 were not permitted, and [therefore] for what purpose is the verse required? It is in respect of permission for use. But R. Akiba holds: when nebelah was permitted, its fat [heleb] and its sinew too were permitted; hence for what purpose is the verse necessary? It is in respect of uncleanness and cleanness. Now as to R. Jose the Galilean, we have found that the Divine Law permits heleb for use; but as for the sinew, let us say that it is forbidden?-If you wish I can say that it is in fact forbidden. Alternatively, it is adduced a minori: if heleb, for which there is a penalty of kareth, is permitted for use, how much the more the sinew, for which there is no penalty of kareth. But R. Simeon, who forbids it, [argues]: This can be refuted. As for heleb, that is because It is freed from its general [prohibition] in the case of a beast;3 will you say [the same] of the sinew, which was not freed from its general [prohibition] in the case of a beast?4 And the other? — We are speaking of cattle5 [behemah]; [and] in the case of cattle at all events it [sc. heleb] was not permitted. Consider: we have raised objections from all these verses and answered them; [then] wherein do Hezekiah and R. Abbahu differ? — In respect of leaven during Passover, on the view of the Rabbis,6 [and] in respect of the ox that is stoned, and this on the view of all:7 Hezekiah deduces it8 from ‘shall not be eaten’, while R. Abbahu learns it from nebelah.9 Consider: according to both Masters they are forbidden for use: [then] wherein do they [practically] differ? — They differ in respect of hullin which was slaughtered in the Temple Court:10 Hezekiah holds, ‘shall not be eaten’11 is to exclude these,12 while ‘it’13 is to exclude hullin which was slaughtered in the Temple Court.14 R. Abbahu15 holds: ‘it’ is to exclude these, while hullin which was slaughtered in the Temple Court is not forbidden [for use] by Scriptural law. One of the scholars sat before R. Samuel b. Nahmani, and he sat and said in R. Joshua b. Levi's name: How do we know of all prohibitions in the Torah, that just as they are forbidden for food, so are they also forbidden for use, and which are they? Leaven [hamez] during Passover and the ox that is stoned? ([You ask,] ‘How do we know’! — learn it from ‘it shall not be eaten’?-To him16 ‘it shall not be eaten’ implies a prohibition of eating, but it does not imply a prohibition of benefit. Then let him deduce it from nebelah?17 — He agrees with R. Judah, who maintained: The words are as they are written. If he agrees with R. Judah. let him deduce it whence R. Judah deduces it, [viz.] from ‘ye shall cast it to the dogs’?18 _ He holds that hullin which was slaughtered in the Temple Court is [forbidden for use] by Scriptural law.19 Whence then do we know it?) — From the verse, And no sin-offering, whereof any of the blood is brought into the tent of meeting to make atonement in the holy place, shall be eaten: it shall be burnt with fire.20 Now, ‘it shall be burnt with fire’ need not be stated;21 then what is the purpose of ‘it shall be burnt with fire’? If it is unnecessary in its own connection, seeing that it is written, and, behold, it was burnt,22 apply its teaching to all [other] prohibitions of the Torah;23 other prohibitions, v. supra 21b-22a. brought into the sanctuary within’ (v. 18). This proves that when it is brought within, the sacrifice must be burnt; hence the present verse is superfluous. applied to other laws.