Menachot 54bמנחות נ״ד ב
The William Davidson Talmudתלמוד מהדורת ויליאם דוידסון
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54bנ״ד ב

כי פליגי כגון שהיה בו כשיעור וצמק וחזר ותפח דמר סבר יש דיחוי באיסורא ומר סבר אין דיחוי באיסורא

When they disagree is in a case where the food initially had the requisite measure for ritual impurity, and it shrank until it was less than this measure, and subsequently it again swelled to the requisite measure for contracting impurity. The dispute is that one Sage, i.e., Shmuel, Rabbi Shimon, and Reish Lakish, holds: There is disqualification with regard to a ritual matter, including impurity. In other words, if at a certain point the food was less than the requisite measure it becomes entirely disqualified from contracting ritual impurity, even if it subsequently swells again. And one Sage, i.e., Rav, Rav Ḥiyya, and Rabbi Yoḥanan, holds: There is no disqualification with regard to a ritual matter. Even if at a certain stage the food lost its ability to contract impurity, if it later swells it can once again become impure.

ומי איכא למ"ד דיש דיחוי באיסורין והתנן כביצה אוכלין שהניחה בחמה ונתמעטו וכן כזית מן המת כזית מן הנבלה וכעדשה מן השרץ וכזית פיגול וכזית נותר וכזית חלב טהורין ואין חייבין עליהן משום פיגול ונותר וחלב

The Gemara asks: And is there one who says that there is disqualification with regard to ritual matters? But didn’t we learn in a mishna (Teharot 3:6): In the case of an egg-bulk of a ritually impure food that one placed in the sun and that therefore shrank to less than an egg-bulk; and similarly in the case of an olive-bulk of flesh of a corpse, or an olive-bulk of an animal carcass, or a lentil-bulk of a creeping animal, all of which impart impurity; or an olive-bulk of piggul, or an olive-bulk of notar, or an olive-bulk of forbidden fat, if any of these were placed in the sun and shrank, they are pure, i.e., they do not impart impurity to other items, and one is not liable to receive karet for them due to the prohibitions of piggul, notar, or forbidden fat.

הניחן בגשמים ותפחו טמאין וחייבין עליהם משום פיגול ונותר וחלב תיובתא למ"ד יש דיחוי באיסורין תיובתא

The mishna continues: If, after they shrank in the sun, one took these foods and placed them in the rain, as a result of which they again swelled to the minimum volume for ritual impurity, they are impure, as was the case before they shrank. This applies to the impurity of a corpse, the impurity of an animal carcass, and the impurity of foods, and one is also liable to receive karet for them due to piggul, notar, or forbidden fat. This demonstrates that the food is not permanently disqualified. Therefore, the refutation of the opinion of the one who says that there is disqualification with regard to ritual matters is a conclusive refutation.

תא שמע תורמין תאנים על הגרוגרות במנין

§ The Gemara returns to the dispute over whether food is to be measured in its current volume or according to its initial volume. Come and hear a baraita: (Tosefta, Terumot 4:2): One may separate teruma and tithes from fresh figs for dried figs, which have shrunk and are now smaller than they were when they were fresh. In other words, one may designate fresh figs as teruma and tithe to exempt the dried figs, despite the difference between these two types of figs. This separation may be performed only by number, e.g., ten fresh figs for ninety dried figs. One may not set aside this teruma by volume, i.e., by separating fresh figs with a volume of one-tenth of the measure of dried figs. The reason is that the volume of the fresh figs is greater than that of the dried figs, so he would set aside fewer fresh figs than he would if he calculated by number.

אי אמרת בשלמא לכמות שהן משערינן שפיר אלא אי אמרת כמות שהן הוה ליה מרבה במעשרות

The Gemara analyzes this halakha. Granted, if you say that one measures food items as they were initially, then since when the obligation to separate teruma began, the volume of the dried figs was the same as the fresh ones, then it is well; the amount of figs to be separated as teruma should be calculated based on number, disregarding their current volume. But if you say that foods are to be measured as they currently are, then since the volume of the dried figs is smaller than that of the fresh figs, he will separate a larger amount than necessary, and this case is an example of one who increases his tithes.

(ותנן) המרבה במעשרות פירותיו מתוקנים ומעשרותיו מקולקלין

And we learned in a baraita (Tosefta, Demai 8:10): In the case of one who increases his tithes, i.e., he designates more than one-tenth of the produce as tithe, the remainder of his produce is rendered fit for consumption, as it has been properly tithed. But his tithes are ruined, as the amount over one-tenth is not tithe, and it was not itself tithed, so it remains untithed produce. If so, how can the fresh figs be considered proper teruma and tithes in this case?

אלא מאי לכמות שהן אימא סיפא גרוגרות על התאנים במדה

The Gemara asks: Rather, what will you claim; that one measures foods as they were initially? If so, say the latter clause of that same baraita: One may separate tithes from dried figs for fresh figs only by measure of volume, i.e., dried figs that are one-tenth of the volume of the fresh figs. One may not separate by number, as this would result in fewer dried figs than separation by volume.

אי אמרת בשלמא כמות שהן שפיר אלא אי אמרת לכמות שהן מרבה במעשרות הוא

The Gemara analyzes this halakha. Granted, if you say that one measures foods as they are currently, it is well. But if you say that one measures foods as they were initially, when the dried figs were fresh, it should be enough to set aside a smaller number of dried figs corresponding to the fresh ones. Since the baraita instructs him to separate a larger number of dried figs than required, this too is an example of one who increases his tithes.

אלא הכא בתרומה גדולה עסקינן ורישא בעין יפה וסיפא בעין יפה היא

Therefore, this baraita cannot serve as proof for either opinion. Since the two statements of the baraita appear contradictory, it must be that this baraita is actually not discussing tithes, which must be separated according to a precise measure. Rather, here we are dealing with standard teruma. By Torah law there is no fixed measure for standard teruma; a single kernel of grain exempts the entire crop. The Sages established a range of measures: One-fortieth for a generous gift, one-fiftieth for an average gift, and one-sixtieth for a miserly gift. Accordingly, one who wishes to give generously should give slightly more than the exact measure. And therefore, the first clause of the baraita is speaking of one who wishes to separate teruma generously, and in the latter clause, where he also gives more than necessary, it is also referring to one who wishes to separate his teruma generously.

אי הכי אימא סיפא א"ר אלעזר בר' יוסי אבא היה נוטל עשר גרוגרות שבמקצוע על תשעים שבכלכלה ואי בתרומה גדולה עשר מאי עבידתיה

The Gemara challenges: If so, say the last clause: Rabbi Elazar, son of Rabbi Yosei, said: Father, i.e., Rabbi Yosei, would set aside ten dried figs that were in a vessel for ninety fresh figs that were in a basket. And if this baraita is referring to standard teruma, then with regard to this mention of ten dried figs, what is its purpose? This proportion was greater by orders of magnitude than even the amount of a generous gift established by the Sages.

אלא הכא בתרומת מעשר עסקינן ואבא אלעזר בן גומל הוא דתניא אבא אלעזר בן גומל אומר (במדבר יח, כז) ונחשב לכם תרומתכם בשתי תרומות הכתוב מדבר אחת תרומה גדולה ואחת תרומת מעשר

Rather, here we are dealing with teruma of the tithe, which the Levite separates from his tithe and gives to a priest. This teruma is one-tenth of the first tithe. And this ruling is in accordance with the opinion of Abba Elazar ben Gomel. As it is taught in a baraita: Abba Elazar ben Gomel says with regard to the verse: “And your teruma [terumatkhem] shall be reckoned to you as though it were the grain of the threshing floor” (Numbers 18:27), that in using a plural term of the word “your,” the verse speaks about two terumot. One is standard teruma, i.e., the grain of the threshing floor, and the other one is teruma of the tithe. The verse equates these two terumot.

כשם שתרומה גדולה ניטלת באומד ובמחשבה כך תרומת מעשר ניטלת באומד

Abba Elazar ben Gomel explains: Just as standard teruma is taken by estimate, as there is no requirement for the amount separated to be measured precisely; and it can be taken by thought, as one is not required to physically separate it before consuming the remaining produce, so too, teruma of the tithe may be taken by estimate