Pesachim

Abaye said: R. Eliezer b. Jacob, R. Akiba and R. Johanan b. Nuri all1 hold [that] leaven during Passover is forbidden for use, and they differ in this, viz., R. Akiba2 holds: He must pay according to value;3 while R. Johanan b. Nuri holds: He must pay according to quantity. That is obvious? — You might say, R. Johanan b. Nuri also holds as R. Akiba [that] he must pay according to value, but the reason that he declares him liable there is this, [viz..] because he agrees with R. Jose the Galilean who maintained, Leaven is permitted for use on Passover: [therefore] he informs us [that it is not so]. Yet perhaps that indeed is so? — If so, let R. Johanan b. Nuri answer R. Akiba just as R. Eleazar Hisma answered R. Eliezer b. Jacob. Our Rabbis taught: He who eats as much as an olive of terumah4 must pay the principal plus a fifth. Abba Saul said: [He is not liable] unless it has the worth of a perutah.5 What is the first Tanna's reason? — Scripture saith, And if a man eat of the holy thing unwittingly6 and eating [requires] as much as an olive.7 And Abba Saul: what is [his] reason? — Scripture saith, and he shall give [unto the priest the holy thing].6 and giving is not less than the worth of a perutah. And the other too, surely ‘eat’ is written? That comes [to teach], excluding him who destroys [terumah].8 And the first Tanna, surely it is written, ‘and he shall give’? — He requires that [to intimate that he must return] something which is fit to be holy.9 Our Rabbis taught: He who eats less than an olive of terumah must pay the principal, but he does not pay the [additional] fifth. How is it meant? If it is not worth a perutah, let him not pay the principal either; while if it is worth a perutah, let him pay a fifth too? — After all it means that it is worth a perutah, yet even so, since it was less than an olive he pays the principal but does not pay the fifth. The Rabbis stated this before R. Papa: This is not according to Abba Saul, for if according to Abba Saul, surely he says, since it is worth a perutah, even if it is less than an olive [the law applies]! — Said R. Papa to them: You may even say [that it agrees with] Abba Saul. Abba Saul requires both.10 Yet does Abba Saul require both? Surely we learned, Abba Saul said: For that which possesses the worth of a perutah he [the eater] is liable for payment; [for] that which does not possess the worth of a perutah he is not liable for payment. Said they [the Sages] to him. The worth of a perutah was stated in connection with a trespass-offering only;11 but for terumah he is not liable unless it contains as much as an olive. Now if this is correct,12 they should have stated, ‘once it contains as much as an olive’?13 This is a refutation. Now, R. Papa too retracted,14 for it was taught: [If any one commit a trespass,] and sin unwittingly:15 this excludes deliberate[tres pass]. But does this not follow a fortiori: if other precepts, for [the transgression of] which one is liable to kareth,16 yet [Scripture] exempts the deliberate offender in their case;17 [with regard to] trespass, which does not involve kareth, does it not follow that the deliberate transgressor is exempt? No: if you say [thus] in the case of other precepts, that is because he is not liable to death on their account; will you say [the same] of trespass, for which death is incurred?18 Therefore ‘unwittingly’ is stated, excluding deliberate [transgression]. Now R. Nahman b. Isaac said to R. Hiyya b. Abin: This Tanna, at first, regards kareth as severer, while subsequently he regards death [at the hands of Heaven] as more severe?19 And he answered him, This is what he means: No; if you say [thus] in the case of other precepts, that is because he is not liable to death on their account for less then an olive; will you say [the same] of trespass, where death is incurred for less than an olive. Whereon he said to him, Thy mind be at rest, because thou hast set my mind at rest. Said he to him, What satisfaction [is there in this answer], seeing that Rabbah and R. Shesheth have swung an axe at it:20 Whom do you know to maintain? so misappropriated is worth at least a perutah. a perutah. the principal plus a fifth.