{"versions": [{"status": "locked", "priority": "", "license": "CC-BY", "versionNotes": "", "formatAsPoetry": "", "digitizedBySefaria": "", "method": "", "heversionSource": "", "versionUrl": "", "versionTitleInHebrew": "", "versionNotesInHebrew": "", "shortVersionTitle": "Heinrich W. Guggenheimer, 1999-2015", "shortVersionTitleInHebrew": "", "extendedNotes": "", "extendedNotesHebrew": "", "purchaseInformationImage": "", "purchaseInformationURL": "", "hasManuallyWrappedRefs": true, "language": "en", "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001901012/NLI", "versionTitle": "The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015", "actualLanguage": "en", "languageFamilyName": "english", "isSource": false, "isPrimary": false, "direction": "ltr", "text": ["<strong>MISHNAH:</strong> An amphora of heave about which a doubt of impurity arose<sup class=\"footnote-marker\">180</sup><i class=\"footnote\">If it were certainly impure, heave wine could be used to settle dust on dirt floors, heave oil or grain as fuel. If there only is a doubt, the heave is called “suspended”. It cannot be used as impure since it might be pure, nor as pure since it might be impure. R. Eliezer holds that one has to treat this heave according to all rules of holiness. R. Joshua holds that one has to make sure that the heave be used somehow. Since it never will be usable as pure heave, one has to make sure it will be usable impure (<a class=\"refLink\" data-ref=\"Rashi on Bekhorot 33b\" href=\"/Rashi_on_Bekhorot.33b\">Rashi in <i>Bekhorot</i> 33b</a>).</i>. Rebbi Eliezer says, if it was at a vulnerable place, he should move it to a hidden place. If it was uncovered, he should cover it. Rebbi Joshua said, if it was at a hidden place, he should move it to a vulnerable place. If it was covered, he should uncover it. Rabban Gamliel said, he should not change anything.<br>If an amphora<sup class=\"footnote-marker\">181</sup><i class=\"footnote\">The amphora contains heave wine which will become useless if impure.</i> broke in the upper part of the wine press whose lower part was impure, Rebbi Eliezer and Rebbi Joshua agree that if one can save a <i>revi‘it</i> from it, he shall save that in purity<sup class=\"footnote-marker\">182</sup><i class=\"footnote\">If a reasonable amount can be saved in a pure vessel, R. Eliezer agrees that one should save as much as possible even if by this action the remainder will become impure much more rapidly than if it were left alone.</i>. Otherwise, Rebbi Eliezer said, let it descend and become impure; he should not make it impure with his hands.<br>And so if an amphora of oil broke<sup class=\"footnote-marker\">183</sup><i class=\"footnote\">Even though impure oil is used as fuel, one still should save as much as possible from impurity.</i>, Rebbi Eliezer and Rebbi Joshua agree that if one can save a <i>revi‘it</i> from it, he shall save that in purity. Otherwise, Rebbi Eliezer said, let it descend and be absorbed [in the ground]; he should not cause it to be absorbed by his hands’ [action].<br>About both of these cases, Rebbi Joshua said, this is not heave for which I have been warned not to make it impure; only not to eat it and not to [intentionally] make it impure<sup class=\"footnote-marker\">184</sup><i class=\"footnote\">It is forbidden to make heave impure by an independent action. But one is not required to avoid impurity if the wine or oil are going to be spilled without human intervention; in that case one may cause impurity to most of the heave if thereby one saves a small part in purity.</i>.<br>If somebody was on the road<sup class=\"footnote-marker\">242</sup><i class=\"footnote\">Alone, with no help in sight.</i> with loaves of heave and a Gentile said to him, give me one of them that I may defile it, otherwise I shall defile all of them, Rebbi Eliezer says, he shall defile all of them but one should not hand over any to him. Rebbi Joshua said, he should put it on a rock before him<sup class=\"footnote-marker\">243</sup><i class=\"footnote\">On a rock, not in the dirt, to preserve the loaf as food. R. Joshua agrees that heave cannot be handed over to be made impure but an effort should be made within the letter of the law to preserve as much as possible in purity.</i>. Similarly, women to whom Gentiles said, give us one of you that we may defile her<sup class=\"footnote-marker\">244</sup><i class=\"footnote\">Rape her.</i>, otherwise we shall defile all of you, they should defile all of them but no Jewish person should be handed over<sup class=\"footnote-marker\">245</sup><i class=\"footnote\">This principle is agreed to by everybody.</i>.", "<strong>HALAKHAH:</strong> Rebbi Yose ben Rebbi Abun said, from the opinions of all three of them: It is forbidden to burn suspended [heave].", "<sup class=\"footnote-marker\">185</sup><i class=\"footnote\">Most of this Halakhah is from <a class=\"refLink\" data-ref=\"Jerusalem Talmud Pesachim 1:7:2-4\" href=\"/Jerusalem_Talmud_Pesachim.1.7.2-4\"><i>Pesaḥim</i> 1:7</a>; a parallel treatment is in <a class=\"refLink\" data-ref=\"Pesachim 14a-21a\" href=\"/Pesachim.14a-21a\">Babli <i>Pesaḥim</i> 14a–21a</a>. In the Mishnah, R. Ḥanina the Second of the Cohanim (who had to substitute when the High Priest was disabled) and R. Aqiba, who both had seen the Temple, report that the Cohanim never refrained from burning meat impure in a secondary way together with meat of original impurity, or oil becoming unusable by tertiary impurity together with impure oil of primary impurity, even though a momentary increase in impurity was inevitable. The late Tanna R. Meïr wants to infer that on Passover eve, when all leavened matter must be burned, one may burn leavened pure and impure heave together. His contemporary R. Yose (ben Ḥalaphta) objects and notes that both R. Eliezer and R. Joshua require that these heaves be burned separately. Their disagreement is that R. Eliezer requires suspended and impure heaves to be burned separately but R. Joshua permits them to be burned together.</i> The colleagues in the name of Rebbi Eleazar: The first amphora<sup class=\"footnote-marker\">186</sup><i class=\"footnote\">The amphora of Mishnah 7, where R. Joshua only permits to put it in danger’s way but not directly to make it impure, gives R. Yose’s interpretation of the position of R. Joshua.</i> following Rebbi Yose, the second<sup class=\"footnote-marker\">187</sup><i class=\"footnote\">The amphoras of Mishnaiot 8–10, where R. Joshua permits causing impurity if this helps a good cause.</i> following Rebbi Meïr. The colleagues say, the first amphora following Rebbi Yose but Rebbi Meïr will not agree; the second following Rebbi Meïr but Rebbi Yose will not agree. Rebbi Yose told them, be careful what you teach. The first amphora following Rebbi Yose; therefore, following Rebbi Meïr one burns<sup class=\"footnote-marker\">188</sup><i class=\"footnote\">One burns pure and impure heave together on the 14th of Nisan. The position of R. Simeon has to be proven since he does not appear in the Mishnah.</i> and following Rebbi Simeon one burns. Then Rebbi Meïr and Rebbi Simeon should form a majority against Rebbi Yose<sup class=\"footnote-marker\">189</sup><i class=\"footnote\">Even though singly their opinions would be disregarded when in opposition to R. Yose.</i> and one should burn. In addition, we see that the rabbis, in cases which come before them, say, go and consider it suspended. We find that Rebbi Simeon says one burns, as we have stated<sup class=\"footnote-marker\">190</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Jerusalem Talmud Pesachim 1:6:2-8:4\" href=\"/Jerusalem_Talmud_Pesachim.1.6.2-8.4\">Mishnah <i>Pesaḥim</i> 1:7</a>, speaking of pure and impure heave. If this is the teaching of R. Simeon, he must hold that they disagree for suspended and impure heave and, therefore, these can be burned together since practice always follows R. Joshua against R. Eliezer. But then suspended heave should be treated as impure, against Mishnah 7.</i>: “Rebbi Eliezer and Rebbi Joshua agree that one burns each one separately.” On this, Rebbi Joḥanan said, Rebbi Simeon taught that<sup class=\"footnote-marker\">191</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Tosefta Pesachim (Lieberman) 1:5\" href=\"/Tosefta_Pesachim_(Lieberman).1.5\">Tosephta <i>Pesaḥim</i> 1:5</a>, quoted in <a class=\"refLink\" data-ref=\"Pesachim 20b\" href=\"/Pesachim.20b\">Babli <i>Pesaḥim</i> 20b</a>. The Tosephta is Babylonian, unknown to the Yerushalmi.</i>. And if you want to say that Rebbi Meïr does not recognize suspension<sup class=\"footnote-marker\">192</sup><i class=\"footnote\">Since most anonymous Mishnaiot are R. Meir’s formulation, <a class=\"refLink\" data-ref=\"Mishnah Tahorot 4:5\" href=\"/Mishnah_Tahorot.4.5\">Mishnah <i>Tahorot</i> 4:5</a>, which directs burning only for six narrowly defined kinds of suspended heave, excludes most kinds of suspended heave from being treated as impure. Accordingly, R. Simeon’s is an isolated opinion, rather than practice to be followed.</i>, have we not stated: “Suspended heave and impure heave are burned on Sabbath eve when it gets dark, the words of Rebbi Meïr; but the Sages say, at its appointed time<sup class=\"footnote-marker\">193</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Tosefta Pesachim (Lieberman) 3:9\" href=\"/Tosefta_Pesachim_(Lieberman).3.9\">Tosephta <i>Pesaḥim</i> 3:9</a>. Since on the Sabbath, heave may not be burned, it must be fed to animals to be disposed of.</i>.” Rebbi Zeïra said before Rebbi Mana<sup class=\"footnote-marker\">194</sup><i class=\"footnote\">R. Mana I, student of Rabbis Yannai, Joḥanan, and Assi.</i>, explain it if it is suspended because he intends to ask about it. He said to him, so said my teacher Rebbi Assi: All suspended [heave] we are dealing with here is suspended [heave] about which he has no intention of asking<sup class=\"footnote-marker\">195</sup><i class=\"footnote\">In this case, the heave can never be used again and may be treated as impure for practical purposes.</i>. But if he intends to ask about it, it has to be treated as pure. As we have stated<sup class=\"footnote-marker\">196</sup><i class=\"footnote\">A different formulation is in <a class=\"refLink\" data-ref=\"Tosefta Terumot (Lieberman) 7:18\" href=\"/Tosefta_Terumot_(Lieberman).7.18\">Tosephta 7:18</a>: “I am keeping it; <i>until I</i> ask about the situation, it is <i>im</i> pure.” That formulation does not necessarily conflict with the one here. If the heave is left unusable for an indefinite period, chances are it will become impure. But if the question to a rabbinic authority is asked within a foreseeable time, there is no reason to declare the suspended heave impure.</i>: “If he said, it is pure or impure, then it is impure. But if he said, I am keeping it in order to ask about the situation, it is pure.” Rebbi Yose ben Rebbi Abun said, explain it if the doubt arose at sundown. Then you cannot infer anything<sup class=\"footnote-marker\">197</sup><i class=\"footnote\">Since there is no time to burn anything, the opinion of the Sages must be followed even by their opponents. This does not prove anything about the position of R. Meïr if the heave was already suspended in the morning.</i>.", "You say, the first amphora following Rebbi Yose, and Rebbi Meїr will not agree<sup class=\"footnote-marker\">198</sup><i class=\"footnote\">While this is the text of R. Yose’s second argument in both mss. and the early prints, it is clear from the following that the discussion is about the second part of the statement of the colleagues, “the second amphora following Rebbi Meїr, and Rebbi Yose will not agree.” The discussion centers on Mishnaiot 8–9, where everybody agrees that in order to save some pure heave one may actively bring impurity on the remainder.</i>. But did we not state: “When has this been said? Regarding a vat which contains enough to lift it. But for a vat which does not contain enough to lift it, it is forbidden to make any amount impure.<sup class=\"footnote-marker\">199</sup><i class=\"footnote\">This is the text both here and in <i>Pesaḥim</i> but it is difficult to explain. The <a class=\"refLink\" data-ref=\"Pesachim 21a\" href=\"/Pesachim.21a\">Babli (<i>Pesaḥim</i> 21a</a>) reads: “An amphora which broke in the upper part of the wine press while the lower part contains a hundred times as much impure (wine), Rebbi Eliezer admits to Rebbi Joshua that if he can save a <i>revi‘it</i> from it, he shall save that in purity; otherwise, let it descend and he should not make it impure with his hands.” The Mishnah does not explain what is in the lower part of the winepress. If there is enough profane wine to let one lift heave according to the rules of Chapter 5, not much is lost since the wine remains usable. But if heave cannot be lifted because the profane is not more than 100 times the heave all becomes forbidden and, at most, can be used as ointment or to sprinkle on a dirt floor to eliminate dust. This represents a considerable monetary loss.</i>” And if it follows Rebbi Meїr, whether it contains enough to lift it or does not contain enough to lift it, is it forbidden to make any amount impure<sup class=\"footnote-marker\">200</sup><i class=\"footnote\">Since R. Meїr permits to bring impurity to anything that later automatically would become impure.</i>? In addition, from what we have stated<sup class=\"footnote-marker\">201</sup><i class=\"footnote\">In <a class=\"refLink\" data-ref=\"Mishnah Pesachim 1:7\" href=\"/Mishnah_Pesachim.1.7\">Mishnah <i>Pesaḥim</i> 1:7 (Note 184</a>) the discussion between R. Meїr and R. Yose is formulated not as a clash of traditions but of logical arguments, with R. Yose disputing R. Meїr’s inference but not his premise. The problem, as pointed out in the Babli, is that it is not clear whether the basis of the argument is the common statement of R. Ḥanina, the Second of the Cohanim, and R. Aqiba in the Mishnah there, or the partial agreement of R. Eliezer and R. Joshua in the Mishnah here. For the moment, we assume that R. Meїr and R. Yose refer to R. Eliezer and R. Joshua.</i>: “Rebbi Yose said, this is not the implication.” A person says “this is not the implication” only if he agrees with the premise. How is that? There, the Torah cares about the money of the Jews<sup class=\"footnote-marker\">202</sup><i class=\"footnote\">Mishnah <i>Nega‘im</i> 12:5. The difference between large and small losses is also noted in <a class=\"refLink\" data-ref=\"Pesachim 20b\" href=\"/Pesachim.20b\">Babli <i>Pesaḥim</i>20b</a>.</i>, here what can you say<sup class=\"footnote-marker\">203</sup><i class=\"footnote\">This shows that the origin of the text is in <i>Pesaḥim</i>. “There” means <i>Terumot</i>, where potentially an entire harvest may be lost in the winepress. “Here” means <i>Pesaḥim</i>, where the question is only whether different kinds of leavened matter may be burned together or have to be burned separately.</i>? Does he not here also cayse him to lose money since he needs fire wood to burn each lot separately? They worried about a big loss, they did not worry about a small loss. Rebbi Yose bar Abun said, explain it following him who said, from the words of Rebbi Aqiba and the words of Rebbi Ḥananiah, the Second of the Cohanim<sup class=\"footnote-marker\">204</sup><i class=\"footnote\">Cf. <a class=\"refLink\" data-ref=\"Jerusalem Talmud Terumot 8:4:1\" href=\"/Jerusalem_Talmud_Terumot.8.4.1\">Note 184</a>. In their cases, no monetary loss is incurred and nothing can be inferred for our case.</i>.", "Rebbi Ila and Rebbi Zeїra, both in the name of Rebbi Joḥanan: The first amphora<sup class=\"footnote-marker\">186</sup><i class=\"footnote\">The amphora of Mishnah 7, where R. Joshua only permits to put it in danger’s way but not directly to make it impure, gives R. Yose’s interpretation of the position of R. Joshua.</i> follows Rebbi Yose, the second<sup class=\"footnote-marker\">187</sup><i class=\"footnote\">The amphoras of Mishnaiot 8–10, where R. Joshua permits causing impurity if this helps a good cause.</i> both Rebbi Meїr and Rebbi Yose. Rebbi Zeїra asked before Rebbi Mana: Does it not disagree with Rebbi Meїr? He said to him, we may say it follows neither Rebbi Meїr nor Rebbi Yose since we find that Rebbi Meїr burns suspended [heave] in all cases<sup class=\"footnote-marker\">207</sup><i class=\"footnote\">This implies that he treats suspended heave as impure and does not object to an increase in its impurity.</i>. Rebbi Mana said, I went to Caesarea and heard Rebbi Zeriqan in the name of Zeїri: Rebbi Meїr burns suspended [heave] in all cases. I said to him, because he considers suspended [heave] from the words of the Torah<sup class=\"footnote-marker\">208</sup><i class=\"footnote\">If there is a doubt of impurity in biblical law, the doubt has to be resolved in a restrictive manner and there is no reason not to treat suspended heave as impure.</i>. He said to me, do I not explain that it became impure in Gentiles’ dwellings? For we have stated<sup class=\"footnote-marker\">209</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Tosefta Oholot 18:3\" href=\"/Tosefta_Oholot.18.3\">Tosephta <i>Ahilut</i> 18:7</a>. Since Gentiles bury their stillborn babies in their houses, Gentile dwellings in the Holy Land are potential sources of impurity of a tent (cf. <a class=\"refLink\" data-ref=\"Jerusalem Talmud Kilayim 6:2:2\" href=\"/Jerusalem_Talmud_Kilayim.6.2.2\"><i>Kilaim</i> Chapter 6, Note 25</a>). Any heave in such a permanent dwelling is therefore automatically suspended. However, since it is questionable whether impurity of the dead extends to Gentiles, that impurity is purely rabbinic.</i>: “From Gentiles’ dwellings one suspends; Rebbi Yose ben Rebbi Jehudah says, one burns<sup class=\"footnote-marker\">210</sup><i class=\"footnote\">R. Meїr is supposed to follow R. Yose ben R. Jehudah.</i>.” Rebbi Huna in the name of Rebbi Jeremiah: Rebbi Meїr burns suspended [heave] any day of the year, as we have stated: “Suspended heave and impure heave are burned on Sabbath eve when it gets dark, the words of Rebbi Meїr; but the Sages say, at its appointed time<sup class=\"footnote-marker\">193</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Tosefta Pesachim (Lieberman) 3:9\" href=\"/Tosefta_Pesachim_(Lieberman).3.9\">Tosephta <i>Pesaḥim</i> 3:9</a>. Since on the Sabbath, heave may not be burned, it must be fed to animals to be disposed of.</i>.” Should he not burn it during the morning hours<sup class=\"footnote-marker\">211</sup><i class=\"footnote\">If Passover eve falls on a weekday, leavened matter must be eliminated before noon since the Passover sacrifice must be slaughtered in a leaven-free environment (<a class=\"refLink\" data-ref=\"Exodus 23:18\" href=\"/Exodus.23.18\"><i>Ex</i>. 23:18</a>, <a class=\"refLink\" data-ref=\"Exodus 34:25\" href=\"/Exodus.34.25\">34:25</a>). Therefore, even if Passover eve falls on a Sabbath, the elimination of leavened matter preferably should take place on Friday before noontime.</i>? Explain it if he was lazy and did not burn it [then]. Know that this is so, for he did not state “during the morning hours.” Is that not because he was lazy and did not burn [then]? Rebbi Abba Mari, the brother of Rebbi Yose said, explain it if impurity was created at that time, and you cannot infer anything<sup class=\"footnote-marker\">195</sup><i class=\"footnote\">In this case, the heave can never be used again and may be treated as impure for practical purposes.</i>.", "Rebbi Joḥanan said, Rebbi Joshua and Rebbi Simeon<sup class=\"footnote-marker\">216</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Mishnah Bekhorot 5:2\" href=\"/Mishnah_Bekhorot.5.2\">Mishnah <i>Bekhorot</i> 5:2</a>, quoted in the next paragraph. While a firstling calf or lamb has to be treated as a sacrifice, R. Simeon permits any surgical operation if the health of the animal requires it, even if it is clear that by the operation the animal will become unfit as a sacrifice.</i> both said the same thing<sup class=\"footnote-marker\">217</sup><i class=\"footnote\">R. Joshua permits to bring impurity to heave in order to save some part in purity; R. Simeon permits to make a blemish on a firstling calf in order to save its life.</i>. Rebbi Ilaї said: Rebbi Simeon in <i>Bekhorot</i> and Rebbi Joshua in <i>Terumot</i>, neither of them will agree with the other<sup class=\"footnote-marker\">218</sup><i class=\"footnote\">R. Joshua permits to bring impurity to heave in order to save food. In the case of <i>Bekhorot</i>, the Mishnah states that one may not slaughter the firstling because of the man-induced blemish; the animal cannot become food for anybody. Therefore, it is not necessary that R. Joshua agree with R. Simeon. On the other hand, R. Simeon holds that pure and impure heave cannot be burned together; it is forbidden to make heave impure even if it must be burned (<a class=\"refLink\" data-ref=\"Jerusalem Talmud Terumot 8:4:6\" href=\"/Jerusalem_Talmud_Terumot.8.4.6\">Note 190</a>). Therefore, R. Simeon cannot be shown to agree with R. Joshua in <i>Terumot</i>.</i>. Rebbi Abun bar Ḥiyya asked before Rebbi Zeїra: Is it not reasonable that Rebbi Simeon agrees with Rebbi Joshua but Rebbi Joshua will not agree with Rebbi Simeon? Did we not state<sup class=\"footnote-marker\">190</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Jerusalem Talmud Pesachim 1:6:2-8:4\" href=\"/Jerusalem_Talmud_Pesachim.1.6.2-8.4\">Mishnah <i>Pesaḥim</i> 1:7</a>, speaking of pure and impure heave. If this is the teaching of R. Simeon, he must hold that they disagree for suspended and impure heave and, therefore, these can be burned together since practice always follows R. Joshua against R. Eliezer. But then suspended heave should be treated as impure, against Mishnah 7.</i>: “Rebbi Eliezer and Rebbi Joshua agree that each batch should be burned separately.<sup class=\"footnote-marker\">191</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Tosefta Pesachim (Lieberman) 1:5\" href=\"/Tosefta_Pesachim_(Lieberman).1.5\">Tosephta <i>Pesaḥim</i> 1:5</a>, quoted in <a class=\"refLink\" data-ref=\"Pesachim 20b\" href=\"/Pesachim.20b\">Babli <i>Pesaḥim</i> 20b</a>. The Tosephta is Babylonian, unknown to the Yerushalmi.</i>” Could one not burn the two together<sup class=\"footnote-marker\">219</sup><i class=\"footnote\">Since the pure heave also must be destroyed by biblical decree.</i>? He said to him, there [the heave] is pure; by Torah law the heave is still in existence; you are the person who decided to burn it<sup class=\"footnote-marker\">220</sup><i class=\"footnote\">By biblical decree, leavened matter is permitted on the 14th of Nisan until the time of the slaughter of the Passover lamb, which is shortly after noon (<a class=\"refLink\" data-ref=\"Jerusalem Talmud Terumot 8:4:5\" href=\"/Jerusalem_Talmud_Terumot.8.4.5\">Note 210</a>). However, by rabbinic decree no leavened matter may be eaten two hours before noontime and all leavened matter must be eliminated at least one hour before noon. Therefore, at the time of burning, the heave would still be good heave according to biblical law for another hour and could not be considered as being lost automatically.</i>. In any case, would it not become unusable by being left unattended? Did not Rebbi Joḥanan say, leaving unattended is from the Torah<sup class=\"footnote-marker\">221</sup><i class=\"footnote\">Heave must be eaten in purity, which can be guaranteed only if the heave is guarded at all times or at least kept at a place locked away from possible impurities (cf. <a class=\"refLink\" data-ref=\"Jerusalem Talmud Shekalim 7:2:2\" href=\"/Jerusalem_Talmud_Shekalim.7.2.2\"><i>Šeqalim</i> 7:2,</a> fol. 50c; <a class=\"refLink\" data-ref=\"Pesachim 34a\" href=\"/Pesachim.34a\">Babli <i>Pesaḥim</i> 34a</a>). Since on the 14th of Nisan, leavened heave cannot be eaten after 10 a.m. local time, there is no need to watch it any longer and, by being released from supervision, it should become invalid immediately even by biblical standards.</i>? The second amphora for Rebbi Meїr follows the Torah<sup class=\"footnote-marker\">222</sup><i class=\"footnote\">As just shown, the lack of attention makes everything impure for practical purposes.</i>, coughing blood for Rebbi Simeon follows the Torah<sup class=\"footnote-marker\">223</sup><i class=\"footnote\">In the next paragraph, R. Simeon’s interpretation of the biblical text is given.</i>! He said to him, one still watches it so it should not come in contact with other pure [heave]<sup class=\"footnote-marker\">224</sup><i class=\"footnote\">Therefore, the argument of Note 221 is inapplicable in our situation.</i>. Rebbi Isaac, the son of Rebbi Ḥiyya the scribe: Think about it, if it was put on coals<sup class=\"footnote-marker\">225</sup><i class=\"footnote\">If one starts the fire to burn the heave, guarding against impurity certainly is unnecessary. The answer is that this argument is irrelevant since we deal with the moment before the fire is started.</i>? He said to him, after if was put there. Rebbi Mana said to Rebbi Shammai: You who say that Rebbi Simeon agrees with Rebbi Joshua! Even Rebbi Joshua does not agree with Rebbi Joshua<sup class=\"footnote-marker\">226</sup><i class=\"footnote\">The positions of R. Joshua in <a class=\"refLink\" data-ref=\"Jerusalem Talmud Pesachim 1:7:2-4\" href=\"/Jerusalem_Talmud_Pesachim.1.7.2-4\"><i>Pesaḥim</i> 1:7</a> and <i>Terumot</i> 8:8–10 do not necessarily coincide, as explained by R. Ilaï.</i>! He said to him, these are Tannaïm<sup class=\"footnote-marker\">227</sup><i class=\"footnote\">It is impossible to fully reconstruct the original position of R. Joshua since the only knowledge we have of his statements is through the interpretations of the students of R. Aqiba.</i>. There, Rebbi Meїr in the name of Rebbi Joshua, but here Rebbi Simeon in the name of Rebbi Joshua<sup class=\"footnote-marker\">203</sup><i class=\"footnote\">This shows that the origin of the text is in <i>Pesaḥim</i>. “There” means <i>Terumot</i>, where potentially an entire harvest may be lost in the winepress. “Here” means <i>Pesaḥim</i>, where the question is only whether different kinds of leavened matter may be burned together or have to be burned separately.</i>.", "There<sup class=\"footnote-marker\">229</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Mishnah Bekhorot 5:2\" href=\"/Mishnah_Bekhorot.5.2\">Mishnah <i>Bekhorot</i> 5:2</a>. Since a firstling is a sacrifice by birth, it has to be treated according to the rules of sacrifices. The only difference is that a dedicated sacrifice which develops a blemish must be redeemed to become profane whereas a firstling in the hands of a Cohen which develops a blemish automatically becomes quasi profane and may be eaten by everybody and in impurity. Therefore, Cohanim are suspected to induce blemishes on the firstlings in their possession.</i>, we stated: “A firstling afflicted by blood, even if it is going to die, cannot be bled, the words of Rebbi Jehudah. But the Sages say, it should be bled even if this causes a blemish. If it did cause a blemish, it should not be slaughtered because of it. Rebbi Simeon says, he should bleed it even if he makes a blemish.” Rebbi Abbahu in the name of Rebbi Eleazar: Rebbi Jehudah parallels Rabban Gamliel, the Rabbis parallel Rebbi Eliezer, Rebbi Simeon parallels Rebbi Joshua<sup class=\"footnote-marker\">230</sup><i class=\"footnote\">In Mishnah 7 (the “first amphora”). The <a class=\"refLink\" data-ref=\"Bekhorot 35b\" href=\"/Bekhorot.35b\">Babli (<i>Bekhorot</i> 35b</a>) identifies the position of the Sages with that of Rebbi Joshua (i. e., the operative opinion in <i>Bekhorot</i> with the operative opinion in <i>Terumot</i>.) The Yerushalmi implies that practice should follow Rebbi Simeon.</i>. But we have stated: “Rebbi Simeon says, he should bleed it even if he knows he will cause a blemish.” This parallels the later opinion of Rebbi Joshua<sup class=\"footnote-marker\">231</sup><i class=\"footnote\">His opinion about the “second amphora”, where he permits to induce impurity on most of the heave in order to save a small portion in purity.</i>. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Jehudah (<a class=\"refLink\" data-ref=\"Deuteronomy 12:24\" href=\"/Deuteronomy.12.24\"><i>Deut</i>. 12:24</a>): “You shall not eat it; spill it onto the ground like water.” I permitted you its blood only to spill it<sup class=\"footnote-marker\">232</sup><i class=\"footnote\">One would have expected R. Jehudah to use <a class=\"refLink\" data-ref=\"Deuteronomy 15:23\" href=\"/Deuteronomy.15.23\"><i>Deut</i>. 15:23</a>, speaking of the firstling: “Only its blood you shall not eat; spill it onto the ground like water.” The verse used gives the rules for animals which develop blemishes after being dedicated. This also includes firstlings.</i>. Rebbi Abba Mari, the brother of Rebbi Yose, objected: That is written about [blood of] invalid sacrifices: “You shall not eat it; spill it onto the ground like water.” Rebbi Ḥiyya bar Abba said, you get from it for preparation<sup class=\"footnote-marker\">233</sup><i class=\"footnote\">Blood is one of the fluids that prepare dry food to accept impurity (cf. <i>Demay</i> Chapter 2, Notes 136, 141). Since the rules for preparation are spelled out for water (<a class=\"refLink\" data-ref=\"Leviticus 11:38\" href=\"/Leviticus.11.38\"><i>Lev</i>. 11:38</a>), other fluids have this property of water only if there is a biblical verse which compares them to water.</i>. Just as water prepares, so blood prepares. Rebbi Abbahu in the name of Rebbi Joḥanan: Both of them explained the same verse (<a class=\"refLink\" data-ref=\"Leviticus 22:21\" href=\"/Leviticus.22.21\"><i>Lev</i>. 22:21</a>): “Perfect it<sup class=\"footnote-marker\">234</sup><i class=\"footnote\">Any sacrifice.</i> shall be for goodwill; any blemish shall not be on it.” Rebbi Simeon explains: As long as it is for goodwill, you may not induce a blemish. If it is no longer for goodwill, you may induce a blemish. But the Sages say, even if it is all blemishes, you may not add a blemish<sup class=\"footnote-marker\">235</sup><i class=\"footnote\">As Rashi explains in <a class=\"refLink\" data-ref=\"Bekhorot 35b\" href=\"/Bekhorot.35b\"><i>Bekhorot</i>35b</a>, the Sages hold that R. Simeon would be justified if the verse read “<i>no blemish</i> shall be on it.” But the involved language, <i>any blemish</i>, forbids the imposition of a new blemish on existing blemishes.<br>Here ends the parallel in <i>Pesaḥim</i>.</i>.", "Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina: With a vessel which inside is pure but impure outside one does not defile a small amount even to save a large amount<sup class=\"footnote-marker\">236</sup><i class=\"footnote\">This discussion seems to center on the position of R. Eliezer, who does not permit defiling heave under any circumstances, even in order to save some heave in purity. In biblical law, pottery can become impure only from the inside; once the inside is impure by primary impurity, the outside also is impure. The outside of a pottery vessel can be impure only by rabbinic decree, not by biblical law. A metal vessel can become impure from the outside; such a vessel, if touched by a fluid from outside, becomes impure; cf. <a class=\"refLink\" data-ref=\"Jerusalem Talmud Berakhot 8:2:2\" href=\"/Jerusalem_Talmud_Berakhot.8.2.2\"><i>Berakhot</i>, Chapter 8, Note 46</a>.<br>Whether the discussion is about the position of R. Eliezer or R. Joshua and the kind of impurity of vessels involved is a matter of controversy in <a class=\"refLink\" data-ref=\"Pesachim 21a\" href=\"/Pesachim.21a\">Babli <i>Pesaḥim</i> 21a</a>.</i>. But did we not state: “Let it descend and become impure; he should not make it impure with his hands?<sup class=\"footnote-marker\">237</sup><i class=\"footnote\">This suggests that making impure indirectly, by a vessel, is permitted.</i>” Rebbi Samuel bar Berekhiah said, explain for two vessels, one pure inside and impure outside, the other impure inside and pure outside<sup class=\"footnote-marker\">238</sup><i class=\"footnote\">The statement of R. Yose ben R. Ḥanina does not refer to the position of R. Eliezer (who is not to be followed in practice) but to that of R. Joshua (whom practice follows). It is stated that if there is a chance that the wrong vessel will be chosen, which would make everything impure, nothing should be done.</i>. But that Mishnah speaks of one impure vessel! Rebbi Mana said, explain it if the vat is pure; the Mishnah deals with an impure vat<sup class=\"footnote-marker\">239</sup><i class=\"footnote\">The Mishnah speaks of the “lower part of the winepress”. If that is a cistern built in the ground, it is part of the ground and cannot become impure. In that case, if the cistern is empty, the heave should be left to flow into it. This is the case considered by R. Yose ben R. Ḥanina. The Mishnah must speak of a winepress whose receptacle is movable and therefore can become impure together with its contents.</i>. Did we not state: “Let it descend and be absorbed [into the ground]; he should not cause it to be absorbed by his hands’ [action].” Explain it if it rolled onto to a <i>bet happĕrās</i><sup class=\"footnote-marker\">240</sup><i class=\"footnote\">בית הפרס is a ploughed field where a grave had been. It is possible that some bones were dug up; the entire field is impure by rabbinic practice. Therefore, the rules are less strict than for biblical impurity and according to everybody the vessel may be used if only its interior is pure.</i>.", "In the opinion of the colleagues, first and second amphoras. In the opinion of Rebbi Yose, an amphora of wine and one of oil<sup class=\"footnote-marker\">241</sup><i class=\"footnote\">This refers back to the beginning of the Halakhah, notes 184 ff. The colleagues make an essential difference between “first” and “second” amphoras, as explained there. R. Yose (the Amora) may hold that R. Joshua permits exposing heave to impurity only for wine, which cannot be used if it is unclear whether it is pure or impure. Olive oil <i>can</i> be used as fuel for lamps even if pure; it <i>must</i> be used as fuel once it becomes impure. It follows that suspended heave of oil is usable and the Amora R. Yose holds that it should not be exposed to impurity even according to R. Joshua.</i>.", "It is not reasonable if one already was impure<sup class=\"footnote-marker\">246</sup><i class=\"footnote\">In one of the heave cakes was impure, it is reasonable to hold that that cake might be handed over to the Gentile to give him the impression that he was defiling when in fact his actions had no effect.</i>. It is not reasonable if one was a slave girl<sup class=\"footnote-marker\">247</sup><i class=\"footnote\">Since slaves cannot marry, a slave girl (of Gentile origin, becoming quasi Jewish by immersion in a ritual bath) is barred from having sex with Jews for whom extramarital relations are sinful. [Sexual relations of a Jew with a person whom he could not marry are criminal acts, punishable by the courts.] Therefore, since sex is a fundamental human right, a slave girl is free to have guiltless sexual relations with slaves and Gentiles; she cannot be defiled by sexual relations with Gentiles. Since a freed slave girl can marry any Jew except a Cohen, her sleeping with these Gentiles would not impair her marriage chances if she should be manumitted later. Therefore, her being given to the Gentiles is similar to the impure heave being handed over.</i>.", "It was stated<sup class=\"footnote-marker\">248</sup><i class=\"footnote\"><a class=\"refLink\" data-ref=\"Tosefta Terumot (Lieberman) 7:20\" href=\"/Tosefta_Terumot_(Lieberman).7.20\">Tosephta 7:20</a>; <a class=\"refLink\" data-ref=\"Bereishit Rabbah 94:9\" href=\"/Bereishit_Rabbah.94.9\"><i>Gen</i>.<i>rabba</i> 94(9</a>).</i>: “A group of people on the road were met by Gentiles who said to them, give us one of you that we may kill him, otherwise we shall kill all of you; even if all of them are killed they should not hand over a Jewish person. If they designated one, like Sheba ben Bikhri<sup class=\"footnote-marker\">249</sup><i class=\"footnote\">Even though Sheba ben Bikhri revolted against David and the entire affair was intra-Jewish (2<i>S</i>. 20), the action of the people of Abel Bet Maakhah is taken as legal precedent in all cases.</i>, they should hand him over so as not to be killed.” Rebbi Simeon ben Laqish said, on condition that he be guilty of a capital crime like Sheba ben Bikhri; but Rebbi Joḥanan said, even if he is not guilty of a capital crime like Sheba ben Bikhri. Ulla bar Qoshav<sup class=\"footnote-marker\">250</sup><i class=\"footnote\">In the Rome ms. and <i>Gen</i>.<i>rabba</i>: Qoshar.</i> was proscribed by the government. He fled and went to Lydda to Rebbi Joshua ben Levi. They came and surrounded the city. They said to them, if you do not hand him over to us, we shall destroy the city. Rebbi Joshua ben Levi went to him and talked him into being handed over to them. Elijah, may be be remembered for good things, used to appear to him<sup class=\"footnote-marker\">251</sup><i class=\"footnote\">R. Joshua ben Levi.</i>; he<sup class=\"footnote-marker\">252</sup><i class=\"footnote\">Elijah.</i> stopped appearing. He<sup class=\"footnote-marker\">251</sup><i class=\"footnote\">R. Joshua ben Levi.</i> fasted many fasts; he<sup class=\"footnote-marker\">252</sup><i class=\"footnote\">Elijah.</i> appeared to him and said, do I appear to informers? He<sup class=\"footnote-marker\">251</sup><i class=\"footnote\">R. Joshua ben Levi.</i> said to him, did I not act according to a <i>baraita</i>? He<sup class=\"footnote-marker\">252</sup><i class=\"footnote\">Elijah.</i> said to him, is that a statement for the pious?", "Rebbi Issi was captured in Safsufa<sup class=\"footnote-marker\">253</sup><i class=\"footnote\">In the next story, the place is under the dominion of Zenobia, queen of Palmyra. The extent of her dominion in Syria in not well documented. There are some places <i>al-Safsūf</i> in Galilee. Note Arabic سفسف “to sift”, سفساف “matter of little value, importance.”</i>. Rebbi Jonathan said, may the dead be wrapped in his shroud<sup class=\"footnote-marker\">254</sup><i class=\"footnote\">He considers him as dead. In the Rome ms., after R. Jonathan, R. Joḥanan is quoted in the same sense. Since in the following R. Joḥanan is described as “old man”, and R. Issi (Assi) was a student of R. Joḥanan, the mention of R. Jonathan is an anachronism.</i>. Rebbi Simeon ben Laqish said, even if I should kill or be killed, I shall go and save him by force. He went and negotiated; they handed him over to him. He said to them, come to our old man, he shall pray for you. They came to Rebbi Joḥanan. He said to them, what was in your mind to do to him shall be done to these people. They did not reach אפיפסרוס<sup class=\"footnote-marker\">255</sup><i class=\"footnote\">In the Rome ms., אפיפסרון. Cf. Greek ἄποψις, -εως, ἡ, “outlook, tower from which one looks out”. Perhaps “they did not reach the lookout” or “they had not vanished from sight.” (E. G.)</i> when all of them were gone<sup class=\"footnote-marker\">256</sup><i class=\"footnote\">They all had died.</i>.", "Zeir bar Ḥinena was captured at Safsufa. Rebbi Ammi and Rebbi Samuel went to negotiate for him. Queen Zenobia said to them, your Creator usually does wonders for you; put Him under pressure! There came a Saracen carrying a sabre. He said to them, with this sabre did Odenathus<sup class=\"footnote-marker\">257</sup><i class=\"footnote\">Zenobia’s husband. In the Babli, his name is בר נצר. It is not clear whether Odenathus killed his own brother or the brother of the Saracen.</i> kill his brother. Zeїr bar Ḥinena was saved.", "Rebbi Joḥanan said, I was robbed by the people of Qanah. He went to the assembly hall where Rebbi Simeon ben Laqish was asking him repeatedly but he did not answer. He said, what happened? He said, what can you do? He said, all limbs depend on the heart and the heart depends on the wallet. He said, I was robbed by the people of Qanah. He said, what do you have? He said to him, show me their corner<sup class=\"footnote-marker\">258</sup><i class=\"footnote\">Their quarter in Tiberias.</i>. He went out to show him. They saw him from afar and started to chirp. They said, if that is Rebbi Joḥanan, may he take half of it<sup class=\"footnote-marker\">259</sup><i class=\"footnote\">The Rome ms. adds: ואין ריש לקיש הוא יסוב כולה “when it is R. Simeon ben Laqish, he will take everything”.</i>. He said to them, by your life I am taking all of it; he took all.", "<sup class=\"footnote-marker\">261</sup><i class=\"footnote\">A more complete version is in <i>Gen</i>.<i>rabba</i> 63(24); <i>Yalquṭ Šim‘oni</i>#110.</i> The boys of Rebbi Jehudah Neśia hit Diodes<sup class=\"footnote-marker\">262</sup><i class=\"footnote\"><i>Diocles</i>, reportedly the original name of <i>Diocletianus</i> before he became a general and then emperor. דיוקלוט <i>Dioclot</i> perhaps reflects contemporary spelling pronunciation.</i> the swine-herd. He became king and descended to Paneas. He sent letters to the rabbis that they should be at his place immediately after the end of the Sabbath. He said to his courier, do not deliver the letters before the evening, near sundown. The courier came to them in he evening, near sundown. Rebbi Jehudah Neśia and Rebbi Samuel bar Naḥman had gone to bathe in the public baths of Tiberias. An אנגיטרוס<sup class=\"footnote-marker\">263</sup><i class=\"footnote\">Rome ms.: אנטיגרס; <i>Gen</i>.<i>rabba</i>(Theodor-Albeck) ארגינטין, ארגנטין, ארגנטי, ארגינט, ארגינטי also אגרנטין, <i>Yalquṭ</i> ארגינטין. The name of this friendly demon has not been determined.<br>Since <i>Gen</i>.<i>rabba</i> clearly is the primary source, רגנטי(א) may mean “guiding spirit” from Latin <i>rego</i> “to lead; conduct; guide”; cf. <i>regens</i>,<i>-ntis</i>“prince, ruler”, <i>rectus</i>,<i>-a</i>,<i>-urn</i> “led straight; direct; in a straight line” (E. G.).</i> came to them; Rebbi Jehudah Neśia wanted to scold him<sup class=\"footnote-marker\">264</sup><i class=\"footnote\">In <i>Gen</i>.<i>rabba</i>, the demon danced before them. The corresponding sentence must have been lost here.</i>. Rebbi Samuel bar Naḥman said, let him; he appears for wonders. He said to them, how are the rabbis? They told him about their problem. He said to them, go and bathe; your Creator will perform a miracle for you at Sabbath’s end. He<sup class=\"footnote-marker\">265</sup><i class=\"footnote\">The friendly demon, after Sabbath’s end. Diocletian descended to Paneas from the North or East; the demon had to bring them up from South and West.</i> carried them and brought them up. They<sup class=\"footnote-marker\">266</sup><i class=\"footnote\">Diocletian’s staff.</i> said to him, the rabbis are outside. There was that bathhouse, he<sup class=\"footnote-marker\">267</sup><i class=\"footnote\">Diocletian.</i> let it be heated for seven days and seven nights. He<sup class=\"footnote-marker\">268</sup><i class=\"footnote\">The demon.</i> went out and cooled it before them. They went in and then appeared before him<sup class=\"footnote-marker\">267</sup><i class=\"footnote\">Diocletian.</i>. He<sup class=\"footnote-marker\">267</sup><i class=\"footnote\">Diocletian.</i> said to them: Because your Creator performs miracles for you, you insult the majesty! They said, we insulted Diocles the swine-herd; we do not insult Diocletianus the king. Even so, one should never vex a little Roman or a little Gueber<sup class=\"footnote-marker\">269</sup><i class=\"footnote\">The tribe of the Sassanid kings in Persia. In <i>Gen</i>.<i>rabba</i> and <i>Yalquṭ</i>: גולייר cf. <i>galearii</i>,<i>-orum</i>, “a kind of soldier’s servants.”</i>."]}], "available_versions": [{"status": "locked", "priority": 3.0, "license": "CC-BY", "versionNotes": "", "formatAsPoetry": "", "digitizedBySefaria": "", "method": "", "heversionSource": "", "versionUrl": "", "versionTitleInHebrew": "", "versionNotesInHebrew": "", "shortVersionTitle": "", "shortVersionTitleInHebrew": "", "extendedNotes": "", "extendedNotesHebrew": "", "purchaseInformationImage": "", "purchaseInformationURL": "", "hasManuallyWrappedRefs": "", "language": "he", "title": "Jerusalem Talmud Terumot", "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001901012/NLI", "versionTitle": "The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. 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