Pesachim

even that of an Israelite is indeed permitted.1 while if [it is] R. Jose the Galilean, even during its time it is indeed permitted for [general] use? — Said R. Aha b. Jacob: In truth it is R. Judah, and he learns se'or [leaven] of ‘eating’ from se'or of seeing’:2 just as [with] the se'or [stated in connection] with ‘seeing’, you must not see your own, but you may see that belonging to others or to the Most High’,3 so [with] the se'or [written in connection] with ‘eating’, you must not eat your own, but you may eat that belonging to others or to the Most High;4 and logically he [the Tanna of our Mishnah] ought to teach that it5 is permitted even for eating, but because he teaches that that of an Israelite is forbidden for use, he also teaches that that of a Gentile is permitted for use. Again, logically he ought to teach that even during its period it5 is permitted for use, but because he mentions after its period in connection with that of an Israelite, he also teaches about that of a heathen after its period. Raba said: In truth it6 is R. Simeon; but R. Simeon does indeed penalize him, since he transgresses ‘there shall not be seen’ and ‘there shall not be found’ therewith.7 As for Raba, it is well: hence it is taught, BUT THAT OF AN ISRAELITE IS FORBIDDEN [FOR GENERAL USE], BECAUSE IT IS SAID, NEITHER SHALL THERE LEAVEN BE SEEN WITH THEE.8 But according to R. Aha b. Jacob, he should state, because [it is said], there shall no leavened bread be eaten?9 — Do you think that that10 refers to the second clause? [No,] it refers to the first clause, and he states thus: LEAVEN BELONGING TO A GENTILE OVER WHICH PASSOVER HAS PASSED IS PERMITTED FOR USE, BECAUSE IT IS SAID, NEITHER SHALL THERE BE LEAVEN SEEN WITH THEE, [implying] thine own thou must not see, but thou mayest see the leaven of strangers or of the Most High; and se'or of ‘eating’ is learnt from se'or of ‘seeing’. Now they11 are consistent with their views. For it was stated: If one eats se'or belonging to a heathen over which Passover has passed, according to R. Judah's view, — Raba said: He is flagellated; while R. Aha b. Jacob said: He is not flagellated. Raba said, He is flagellated: R. Judah does not learn se'or of ‘eating’ from se'or of ‘seeing’. While R. Aha b. Jacob, said, He is not flagellated: he learns se'or of ‘eating’ from se'or of ‘seeing’. But R. Aha b. Jacob retracted from that [view]. For it was taught: He who eats leaven of hekdesh12 during the Festival [Passover] commits trespass; but some say, He does not commit trespass.13 Who is [meant by] ‘some say’? — Said R. Johanan, It is R. Nehunia b. ha-Kanah. For it was taught: R. Nehunia b. ha-Kanah used to treat the Day of Atonement as the Sabbath in regard to payment: just as [with] the Sabbath, he forfeits his life and is exempt from (payment], so [with] the Day of Atonement, he forfeits his life and is exempt from payment.14 R. Joseph said: They differ as to whether sacred food can be redeemed in order to feed dogs therewith. He who says [that] he commits trespass holds, One may redeem sacred food in order to feed dogs therewith; while he who rules [that] he does not commit trespass holds, One may not redeem [etc.].15 R. Aha b. Raba recited applies to leaven belonging to a Jew only. during Passover. For he agrees with R. Simeon that leaven kept during Passover is Biblically permitted after Passover, and though R. Simeon penalizes its owner, that does not apply to hekdesh, since leaven of hekdesh falls within the permissive law ‘but thou mayest see that of Heaven’. Thus this man, by eating it, has caused loss to the Temple treasury, and therefore he is liable to a trespass-offering. But the second Tanna, while admitting this, holds that since he incurs kareth for the eating of leaven, he is free from any lesser penalty, as explained in the Text. exempted from the latter owing to the greater punishment; this holds good is not liable for trespass, since it was valueless when he actually ate it, notwithstanding that it would become valuable after Passover. But they hold with R. Jose the Galilean that leaven is permitted for use during Passover. Now, the only use to which leaven can be put then is to give it to dogs. This may be done with ordinary leaven, but there is a controversy in respect of sacred leaven. The first Tanna holds that it can be redeemed for that purpose: hence the leaven is valuable, and therefore the eater commits trespass. But the others (‘some say’) hold that sacred leaven may not be redeemed for dogs. Consequently it has no value, and the eater does not commit trespass.