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Jerusalem Talmud Pesachim 1:8:3-7

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8 ‎[1] **MISHNAH:** Rebbi Meïr said, from their words we learned that one burns pure heave together with impure on Pesaḥ. Rebbi Yose said to him, this is not the implication. Rebbi Eliezer and Rebbi Joshua agree that each of these is burned separately. Where did they disagree? On the suspended and impure ones, where Rebbi Eliezer says each one should be burned separately while Rebbi Joshua said, both together.

‎[2] **HALAKHAH:** What is “on Pesaḥ”? On the Fourteenth. Rebbi Joḥanan said, from the words of Rebbi Aqiba and Rebbi Ḥananiah the executive officer of the Cohanim. Rebbi Simeon ben Laqish said, from the words of Rebbi Eliezer and the words of Rebbi Joshua. Rebbi Ze`ira said before Rebbi Yasa: The opinion of Rebbi Joḥanan is understandable. In the opinion of Rebbi Simeon ben Laqish, where enter Rebbi Eliezer and Rebbi Joshua in the discussion? He told him, there are [different] Tannaim. Rebbi Yasa in the name of Rebbi Joḥanan: Everybody agrees that on the Sixteenth one burns pure and impure heave [together].

‎[3] Rebbi Yasa asked: Why does Rebbi Yose say, this is not the implication? Rebbi Yasa had heard that Rebbi Joḥanan said, “from the words of Rebbi Aqiba and Rebbi Ḥananiah the executive officer of the Cohanim,” and he had heard that Bar Qappara said, “original impurity is a word from the Torah, derivative impurity is of their words.” But he had not heard that Rebbi Joḥanan had said, “both these and those are words of the Torah.” Therefore, he was asking: Just as it is permitted to burn what is (rabbinically) [biblically] forbidden with what is biblically impure, since one burns what is (rabbinically) [biblically] impure with what is biblically impure, so it should be permitted to burn what is (biblically) [rabbinically] forbidden with what is biblically impure since one burns what is (biblically) [rabbinically] impure with what is biblically impure. But there must be a difference between prohibition and impurity. And Rebbi Yasa said in the name of Rebbi Joḥanan: Everybody agrees that on the Sixteenth one burns pure and impure heave [together]. Just as you did not make a difference for us between biblical prohibition and biblical impurity since one burns what is biblically impure with what is biblically impure, so you should not make a difference for us between what is rabbinically forbidden with what is biblically impure since one burns what is rabbinically impure with what is biblically impure. But it must be that both these and those are words of the Torah. There came Rebbi Ḥiyya bar Abba from Tyre and said in the name of Rebbi Joḥanan: both these and those are words of the Torah, and I said, it is correct. There (rabbinic) [biblical] impurity with biblical impurity but here biblical disqualification with biblical impurity. Therefore Rebbi Yose said, this is not the implication. The position of Rebbi Joḥanan is difficult for Rebbi Meïr; therefore Rebbi Yose said, this is not the implication. Bar Qappara must argue like Rebbi Simeon ben Laqish, as Rebbi Simeon ben Laqish said, from the words of Rebbi Eliezer and the words of Rebbi Joshua. Then the opinion of Bar Qappara is difficult for Rebbi Yose based on what Rebbi Meïr said, “from their words we learned.” Rebbi Abbin said, Rebbi Meïr is consistent since Rebbi Meïr is restrictive in their words as in words of the Torah. Where do we find that Rebbi Meïr is restrictive in their words as in words of the Torah? Rebbi Ḥinena said, as we have stated there: “A woman who sees a stain is out of order and worries because of flux[, the words of Rebbi Meïr. But the Sages say, nothing in stains implies flux].”

‎[4] There, we have stated: An amphora of heave about which a doubt of impurity arose, 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 says, 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 says, he should not change anything.

‎[5] Rebbi Yose ben Rebbi Abun said, from the opinion of all three of them: It is forbidden to burn suspended [heave].

‎[6] The colleagues in the name of Rebbi Eleazar: The first amphora following Rebbi Yose, the second 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 are saying. The first amphora following Rebbi Yose, but following Rebbi Meïr one burns and following Rebbi Simeon one burns. Then Rebbi Meïr and Rebbi Simeon should form a majority against Rebbi Yose and one should burn. In addition, we understand from the following: we see the rabbis, if a case comes before them, they say, go and suspend. Where do we find that Rebbi Simeon says, one burns? It is what we have stated: “Rebbi Eliezer and Rebbi Joshua agree that each of these is burned separately.” Rebbi Joḥanan said, Rebbi Simeon stated this. If you want to say that Rebbi Meïr does not recognize suspension, have we not stated: “Suspended (pure) heave is burned on Sabbath eve when it gets dark, the words of Rebbi Meïr; but the Sages say, at its appointed time.” Rebbi Ezra said before Rebbi Mana, explain it that it is suspended because he does not intend to ask about it. He said to him, so also said Rebbi Yose: All we are occupied with here is with suspended [heave] about which he does not intend to ask; but suspended [heave] about which he intends to ask is pure. It was stated thus: “Suspended heave about which they said, is it pure? It is impure. If he said, I am keeping it in order to ask about it, it is pure.” What about it? Rebbi Yose ben Rebbi Abun said, explain it if the doubt arose at sundown. Then one cannot infer anything.

‎[7] And you are saying, the first amphora following Rebbi Yose and Rebbi Meïr will not agree? 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. And if it follows Rebbi Meïr, whether it is a vat which contains enough to lift it or a vat which does not contain enough to lift it, is it forbidden to make any amount impure? In addition, from what we have stated: “Rebbi Yose said, this is not the implication,” nobody says “this is not” unless he agrees with the premise. How is that? Rebbi Yose ben Rebbi Abun said, there in order to care for the property of Jews; here what do you have? Does the Jew not lose money even here? For he needs to burn wood separately and this separately? They worried about a big loss, they did not worry about a small loss. Rebbi Ḥananiah said before Rebbi Mana, explain it following him who said, from the words of Rebbi Aqiba and Rebbi Ḥanina the executive officer of the Cohanim; and one cannot infer anything.

‎[8] Rebbi Zeˋira, Rebbi Ila, both in the name of Rebbi Eleazar. The first amphora following Rebbi Yose, but the second both following Rebbi Meïr and Rebbi Yose. Rebbi Ezra said before Rebbi Mana: Does this not disagree with Rebbi Yose? He told him, if not following Rebbi Yose, we may say not following Rebbi Meïr since we find that Rebbi Yose is burning suspended [heave] in all cases. Rebbi Mana said, I went to Caesarea and heard Rebbi Zeriqan in the name of Rebbi Zeˋira: Rebbi Meïr is burning suspended [heave] in all cases. I asked him, even in a case where it is suspended by word of the Torah? He told me, if I explain it that it became impure in Gentiles’ dwelling, what do you have in your hand? It was stated: “For Gentiles’ dwelling one suspends, Rebbi Yose ben Rebbi Jehudah says, one burns.” Rebbi Ḥuna in the name of Rebbi Zeˋura: Rebbi Meïr burns suspended [heave] any day of the year, and so it was stated: “Suspended [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.” Should he not burn in the morning? Explain it that he was lazy and did not burn. You should know that this is so, since it was stated “impure”. Not because he was lazy and did not burn? Rebbi Abba Mari the brother of Rebbi Yose said, explain it that the impurity came to it at that moment and one cannot infer anything.

‎[9] Rebbi Joḥanan said, Rebbi Simeon and Rebbi Joshua both said the same thing. Rebbi Ila said, Rebbi Simeon in *Bekhorot* and Rebbi Joshua in *Terumot,* neither of them will agree with the other. Rebbi Zeˋira said, it is reasonable that Rebbi Simeon agrees with Rebbi Joshua. [Rebbi Abun bar Ḥiyya said to Rebbi Zeˋira: In your opinion, since you say that Rebbi Simeon agrees with Rebbi Joshua, did we not state: How may one burn suspended [heave] with impure one]? “Rebbi Eliezer agrees with Rebbi Joshua that each of these is burned separately.” Should one not burn both together? It is pure by words of the Torah. You are the one who decided on burning. In any case, would it not become disqualified by inattention? Did nor Rebbi Joḥanan say, inattention is a word of the Torah; blood affliction following Rebbi Simeon is Torah, the second amphora following Rebbi Meïr is Torah? It is not so; but he watches it that it should not come in contact with other pure things. Rebbi Isaac, the son of Rebbi Ḥiyya the scribe, objected: Think of it, if it was put on coals. He told him, after it was put there. Rebbi Mana said to Rebbi Shammai: You are saying that Rebbi Simeon agrees with Rebbi Joshua. Even Rebbi Joshua does not agree with Rebbi Joshua. He told him, these are Tannaim. There Rebbi Meïr in the name of Rebbi Joshua, here Rebbi Simeon in the name of Rebbi Joshua.

‎[10] There, we have 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, only he should not intend to cause a blemish. If it did cause a blemish, it may not be slaughtered because of it. Rebbi Simeon says, he should bleed it even if he makes a blemish.”

‎[11] Rebbi Abbahu in the name of Rebbi Eleazar: Rebbi Jehudah parallels Rabban Gamliel, the rabbis parallel Rebbi Eliezer, Rebbi Simeon parallels Rebbi Joshua. It was stated in the name of Rebbi Simeon: “He should bleed it even if he intends to make a blemish.” This parallels another opinion of Rebbi Joshua. Rebbi Abun bar Ḥiyya said before Rebbi Zeˋira: Explain about *sancta* for which he is liable following Rebbi Simeon.

‎[12] Rebbi Abbahu in the name of Rebbi Simeon ben Laqish. The reason of Rebbi Jehudah: *You shall not eat it, on the earth you shall you shall spill it like water**.* I did permit you its blood only for spilling. Rebbi Abba Mari the brother of Rebbi Yose said, is not about disqualified sancta written so, *you shall not eat it, on the earth you shall spill it like water*? Rebbi Ḥiyya bar Ada said, it was said for preparation. Just as the water prepares, so the blood shall prepare.

‎[13] Rebbi Abbahu in the name of Rebbi Joḥanan, both of them explain the same verse: *Perfect it**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.

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Version: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015

Source: https://www.nli.org.il/he/books/NNL_ALEPH001901012/NLI

License: CC-BY

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