Soncino English Talmud
Pesachim
Daf 52b
One may eat [in reliance] on those that are among the upper [overarching] boughs but one may not eat [in reliance] on those that are among the single prickly branches. 1 We learned elsewhere: There are three [separate] districts2 in respect of removal: Judea, Transjordania and Galilee;3 and there are three districts in each of them separately.4 Then why did they say, There are [only] three districts in respect of removal?5 Because in each one they may eat until it [the produce] has ceased in the last [region] thereof.6 Whence do we know it? — Said R. Hama b. ‘Ukba in the name of R. Jose b. Hanina, Scripture saith, [And the sabbath-produce of the land shall be food for you...]and for thy cattle, and for the beasts that are in thy land:7 as long as the [wild] beasts can eat in the field, feed the cattle in the house;8 when there is no more for the beasts in the field, make an end of it for the cattle in the house;9 and we have it on tradition that the beasts in Judea do not live on the produce of Galilee, and the beasts in Galilee do not live on the produce of Judea.10 Our Rabbis taught: Produce which went from the Land11 abroad12 must be removed wherever it is. R. Simeon b. Eleazar said: They must go back to their [original] place and be removed, because it is said, ‘in thy land’. But you have utilized this?14 — Read therein, ‘in the land’, ‘in thy land’.15 Alternatively, [it is deduced] from, ‘that are [asher] in thy land’.16 13 R. Safra went from the Land abroad, [and] he had with him a barrel of wine of the Sabbath year. Now, R. Huna the son of R. Ika and R. Kahana accompanied him. He asked them, Is there any one who has heard from R. Abbahu17 [whether] the halachah is as R. Simeon b. Eleazar or not? — Said R. Kahana to him: Thus did R. Abbahu say: The halachah is as R. Simeon b. Eleazar. R. Huna the son of R. Ika [however] said to him, Thus did R. Abbahu say: The halachah is not as R. Simeon b. Eleazar. Said R. Safra, Accept this ruling of R. Huna,18 because he is meticulously careful to learn the laws from his teacher, like Rehabah of Pumbeditha. For Rehabah said in Rab Judah's name: The Temple Mount consisted of a double colonnade, [i.e.,] a colonnade within a colonnade.19 [Thereupon] R. Joseph applied to him [R. Safra] the verse, My people ask counsel at their stock, and their staff [makkelo] declareth unto them:20 whoever is lenient [mekal] to him, to him he concedes [right].21 R. Elai cut down date-berries of the Sabbatical year.22 How might he do thus: the Merciful One said, [It . . . shall be] for food,23 but not for destruction? And should you answer that is only where it has reached24 [the stage of] fruit,25 but not where it has not reached [the stage of] fruit, — surely R. Nahman said in Rabbah b. Abbuha's name: The calyxes26 of ‘orlah are forbidden, because they became a guard for the fruits. Now, when is it a guard for the fruits? When they are unripe berries, yet he calls them fruits! — R. Nahman ruled as R. Jose. For we learned, R. Jose said: The [berries of ‘orlah] in the budding stage [semadar] are forbidden, because they count as fruit; whereas the Rabbis disagree with him. To this R. Shimi of Nehardea demurred; yet do the Rabbis disagree with R. Jose in respect to other trees,27 — surely we learned, From when may you not cut down trees in the Sabbatical year?28 Beth Shammai maintain: All trees [may not be cut down] from when they bring forth;29 but Beth Hillel rule: The carob trees from when they form chains [of carobs]; the vine trees, wind blows, the falling dates are retained both among the ordinary (upper) branches as well as the prickly ones. R. Simeon b. Gamaliel rules that you may eat only as long as there are dates among the higher branches, which are accessible; but those (in the prickly branches must be disregarded, since animals cannot take them because of the prickles. In our Mishnah the first Tanna means: When they have completely ceased, even from the prickly branches, he must remove them. Whereas R. Judah maintains that unless one can go and bring them, i.e., unless they are accessible, he must remove them, which means even if there are still dates on these thorn branches. binding upon Palestine produce, even when transplanted elsewhere. Nevertheless, he is not bound to take it back to Palestine for removal, but can do it wherever he is. both. Rehabah was careful to use the word setaw, the exact word used by his teacher, though the passage is based on a Mishnah (v. Supra 11b), where the word iztaba is used. ripened. regarded as food, so that the tree must not be cut down, but left until its fruit ripens. fruit; Strashun accepts the latter view.
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