Temurah

— You cannot say this, since it is written: Thou shalt not curse the deaf.1 Or if you prefer [another solution] I may say:2 There is no difficulty [if the text above]3 refers to one who curses his fellow [with the Name]; its warning4 in that case would be derived from here, since it is written: Thou shalt not curse the deaf.5 But if you say that it refers to one who utters the Lord's name for no purpose,6 whence is its warning derived?7 — But why not?8 But does not Scripture say: Thou shalt fear the Lord thy God and serve Him?9 — That text is only a positive admonition.10 ‘[The Rabbis] said in the name of R. Jose son of R. Hanina: In the case also of one who names terumah before bikkurim.’ What is the reason of R. Jose son of R. Hanina? — The verse says: Thou shalt not delay to offer of the fulness of thy harvest and of the outflow of thy presses.11 ‘The fulness of thy harvest’, this refers to the bikkurim;12 ‘the outflow13 of thy presses’, this refers to terumah;14 and [Scripture] says: Thou shalt not delay.15 It was stated: If one named terumah before bikkurim there is a difference of opinion between R. Eleazar and R. Jose son of R. Hanina. One says he is punishable with lashes, while the other says he is not punishable with lashes. You may conclude that it is R. Jose son of R. Hanina who says that he is punishable [with lashes], since R. Jose son of R. Hanina says: Also one who names terumah before bikkurim is punishable [with lashes]. On the contrary, you may conclude that it is R. Eleazar who says that he is punishable [with lashes]. For we have learnt:16 If one has before him two baskets of tebel [untithed produce] and he says: The tithe of this [basket] shall be in that one, the first basket is considered tithed.17 [If he says:] The tithe of this one shall be in the other one, and the tithe of the other one in this one, the first is tithed,18 whereas the second is not tithed.19 [If he says:] Their tithes shall serve for another, he has named them.20 And it was stated: R. Eleazar says:21 He is punishable with lashes because he named the second tithes [of the one basket] before the first tithes of the other.22 This is proved.23 Then it is R. Jose son of R. Hanina who holds that he is not punishable with lashes.24 Must it then be said that there is a contradiction between the two rulings of R. Jose son of R. Ham'na?25 — No. R. Jose son of R. Ham'na therefore, ‘If thou wilt not observe to do’ and ‘Then the Lord will make thy plagues wonderful’ inform us that there is punishment of lashes for one who curses his fellow with the Name. Aliter: You cannot say that atonement with lashes alone is not sufficient in a case where one curses his fellow with the Name, for by means of an analogy in Sanh. 61a we compare the text ‘ Thou shalt not curse the deaf’ with the text: Nor curse the ruler of thy people (Ex. XXII, 27) and just as in the case of the latter punishment of lashes is sufficient, so in the case of ‘the humblest of thy people’, i.e., the deaf, lashes are sufficient atonement. The Gemara also explains in Sanhedrin that we are dealing in the text with a case where the Name is uttered (Rashi). punishment of lashes is derived from the text: If thou wilt not observe to do. Lord will make thy plagues wonderful as referring to the case of one who curses his fellow with the Name and not to a case of one who pronounces the Lord's name to no purpose. for bikkurim. Another reason (R. Gershom) is because bikkurim is given when the grain is still intact, prior to any separation. times its quantity, neutralizes it. which is still subject to tithe. baskets the separation is viewed as taking place simultaneously and with one declaration. is ruled that only the first basket is exempted. both the first and second tithes, whilst the second basket is still tebel, even in respect of the first tithe. There is therefore the penalty of lashes because he named the second tithes before the first tithes. For, although the text only speaks of delaying with reference to terumah and bikkurim, the same law applies to the correct sequence of the two tithes and also to terumah and tithes. holds that one is not punishable with lashes must be R. Jose son of R. Hanina.