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•w [7ns -MW» ηοπηι nannn V>IY VLI3>IN·) Η!?ΗΠ JIOI-IJ^ NNN^N :N TDV» (foi. 6id) D-isri onn> ρ-)*·) oy n$ γιν»1» -»ow "pypw .onn> civ vino^m trriNöi "nwa ιίϋί<> ΗΪ !?ΙΝ; oyo "|Γώι Valpro ιρίΝ >3*ι ."ρ«η\ΜΗ3 ρκ Mishnah 1: Heave, heave of the tithe of demay1, hallah, and First Fruits are lifted by one and 1002, they combine with one another3, and one has to remove4. Orlah and vineyard kilaim are lifted by one and 200, they combine with one another, and one need not remove5. Rebbi Simeon says, they do not combine. Rebbi Eliezer6 says they combine in matters of perceiving the taste7 but not to forbid. 1 All mss. of the Maimonides lay people only if the profane was at tradition and many of the better least 100 times the combined volume of Mishnah mss. read: Heave, heave of the three "heave" kinds. the tithe, and heave of the tithe of 4 Before the mixture is permitted demay. This text is understood in the to lay people one has to remove a Halakhah. By definition of demay, volume equal to that which fell into there is no heave of demay. Since both the profane and give it to the Cohen hallah and First Fruits are called under the rules of heave. The first "heave", they follow the rules of heave. hand of the Leyden ms. has: "One need 2 Mishnah Terumot 4:7. not remove". 3 If, e. g., heave, heave of the 5 Since they are forbidden for any tithe, and hallah fell into profane use, they have no owners to which the dough, the dough remains permitted for removed part should be given. It is 452 ORLAH CHAPTER TWO enough that the forbidden parts are so 7 As long as the taste of one is few that they can be considered non- recognizable in the other. But if V201 existent. 'orlah and V201 vineyard kilaim fall 6 In most Mishnah mss. and the into permitted food everything is Halakhah: R. Eleazar. This reading is permitted since each of the forbidden required since he is mentioned after R. quantities is less than '/2οι of the Simeon. remaining material. ηΝ ."ρνρψ np-iio ."id -ivy^» nxm^i ritten :n nabn (foi. 6id) non^ o\y> Hin riwvy νψ γ>Ν -«ON pvpw >517 .yaivxn Halakhah 1: "Heave and heave of the tithe", etc. For whom is this8 needed? For Rebbi Simeon. Even though Rebbi Simeon says that two different names do not combine, he agrees that all items called "heave" do combine. 8 The statement that all the cate- combine, gories mentioned in the first statement *ν)?π)ο -pnö >577 ,-ΡΝ» 'an 'N07 ϊψ ϊν^Ρ npnjp Nan ΊΝ>? ion .rnin liinrn ι>οοη -ρν>ο >i*vf "|η:ρψΝ Νηι .ηηίπ own πψψίηι η'ρρ^ρ»? ή ηπ ηζόηη pari i^rry N>nn ,ΐίΐ DWQ PÖ3131 PN onpw O^Dl ."WP 'Ί.^Τ ^ Who stated "heave of the tithe of demay"! Rebbi Meir, since Rebbi Meir is as strict with their word as with the words of the Torah9. Where do we find that Rebbi Meir is as strict with their word as with the words of the Torah? Rebbi Hanina said, the following which we have stated there10: "A woman who sees a stain [on her clothes] is out of order and HALAKHAH 1 453 must consider the possibility of flux, the words of Rebbi Meür. But the Sages say that stains do not imply flux11." 9 Since the institution of demay is Temple without bringing a sacrifice of rabbinic, the rules for heave of the purification (Lev. 15:29-30). R. Meir tithe of demay are more lenient than requires a sacrifice because of the those for biblical heave; cf. possibility of impurity but the sacrifice Introduction to Tractate Demay. Only of purification may not be eaten by the R. Mei'r does not recognize these Cohanim since possibly it was differences. unnecessary. 10 Mishnah Niddah 6:13. A woman 11 Since the verse {Lev. 15:25) finding a blood stain on her underwear requires "blood flowing", the impurity at a time when she does not expect her of stains is purely rabbinical. In the period does not know when to expect Babli, Niddah 52b, the position of the her next period since possibly the stain "Sages" is also considered a minority comes from menstrual blood. A woman opinion, attributable to R. Hanina ben is impure by flux if she has episodes Antigonos. Since the later chapters of for three successive days at a time the Yerushalmi Niddah are lost, we do when menstrual blood is excluded. In not know the position of the that case, she may not enter the Yerushalmi in this matter. ri^n N'b .nl?n i^rii njos »eh n£n ι^π Ni? n^·) τυν rn >11 .'Νβ'Τϊρψ npruri ivy^n Jipnni npn^ l^rim .12>Ν£"7 ^ού 14>3Ν>ϊη!? na n»n i!? IÖN .n!?n bNim» own ΓΡΜΠ • τ - τ - τ τ - "Ι · τ - τ: - -: .onwn 1» vip^t Ϊ7θύ Νΐηψ ^Νΐοψ "ΐηκ 1? to .vuwn "IP νιοι ΝΊΓΙ WTT) Νηη Νΐη -ιηα!? vnwn ρ νηι >:η own NM m - - ... τ τ : ν ·• " ' · ττ ·· •· · ·· : τ τ · · .CPÖ-T 13)3» >13 Ν1Π »£7 ΊΟίΚ] Rebbi Jonah asked: Why did we not also state "hallah of demay"15 as we did state "hallah"? Should we not state "hallah of demay" as we did state: "Heave, heave of the tithe and heave of the tithe of demay"! 454 'ORLAH CHAPTER TWO Rebbi Hanania in the name of Samuel: Demay does not need hallah. Rebbi Hiyya bar Julianus said to him, one takes its value from the tribe. He answered him, that is what Samuel said, one takes its value from the tribe16. Rebbi Mana in the name of Rebbi Yose: One does not take its value from the tribe; tomorrow he will bring certain [hallah] and say it is demay in order to take its value from the tribe! 12 This sentence is not in the Rome Galilean R. Samuel bar Abba. ms. 15 Which one takes if he buys 13 Reading of the first hand of the bread from an untrustworthy baker; Leyden ms., crossed out by the Demay Mishnah 5:3. corrector, probably in error. 16 This explains the cryptic first 14 Reading of the Rome ms.; statement of R. Samuel. One has to Leyden and Venice: «3'VlV. Elsewhere take hallah if one buys bread from an he is called '«t'ViV ρ (cf. the Italian untrustworthy baker but one may sell it form Lugliani). A fifth generation to a Cohen. Since the Cohen has to eat Galilean Amora, student of R. Samuel. even the demay hallah under the rules Therefore, "Samuel" mentioned here is of purity of heave, he will not pay not the first generation Babylonian much for the hallah. Samuel but the fourth generation N'i7 löN in n!?n ppan ·ρηΝ pin? NVK !?N\i> "ijnv 'i-i oyn aii ϊχ nm> njw? njrna 1*17 nirjN ^Νΐοψ im ρ •pain in^n Νηπψ ρτ γι >a*v3 ran .li^ra iim Rebbi Johanan asked Gamliel the Twin: Are you used to take hallah from demayl He answered him, did not Samuel, the brother of Rav Berekhia17, say that from the moment they decreed demay, most people separate it in their houses18? Rebbi Yose ben Rebbi Abun said, it is a condition of the court that hallah be in the Northernmost part19. HALAKHAH 1 455 17 Galilean Araora of the fourth take it. generation; he is not identical with his 19 He disagrees with Gamliel the contemporary R. Samuel quoted in the Twin and asserts that if heave of the preceding paragraph. Elsewhere he is tithe is taken from demay in the given the title of Rebbi. The Gamliel prescribed way (Demay 5:2, Note 44), the Twin who quotes him cannot be the one always should take heave of the younger contemporary of R. Johanan; tithe from the Northernmost part in he must be the Gamliel who asks a order to make the procedure routine; question from the fifth generation R. then automatically the Northernmost Yose ben R. Abun (Seqalim 3:2). part is hallah if obligated for it. In that 18 Since everybody takes extra way, tithing demay automatically takes hallah from bread he buys from an care of hallah. untrustworthy baker, we certainly do 1>N .n\Jh?n <iito iN ηψηρη n^nn? nb -piy ιίν η» .dnöi ΓΙΪ* ηοίτ ii'N-) n>i|ö in* pN"! "|θ(?η VN πψ-jan n^njp i£>ri .niwn Iiis noiT) -inN") 1\?i?D «po? rpin^yfl VW .ΓΏΨΌ Π1?)), >ARN .DNNI IN^A Ν^ΤΤΡΟ RIIS IN -Ι»ΙΝ RMRV >3-» ^SRI ·|)3ΓΙ ,ΊΝψπ nis "|Γΐύ run ON -»?iN ip^N lW TÖ -ny νν>?Ψ n\ihTan «lies inj/ rnv roV -»ON rb 12)) ΝΝ>?Ψ IN >X?V -IEN .nvnan N^NJP V"T:> >N» .·>ΝΙΙ? 15 NVV^ HFN^ NIN ΝΪΗ .NVNAN .iiina ηψίν Νίπψ "j-n? τη^ "And are lifted by one and 100". How do you treat it, as beginning of separation or end of separation20? If you say as beginning of separation, no minor may lift21, no unrelated person may lift21, and it does not push away the Sabbath22. If you treat it as end of separation, a minor may lift, an unrelated person may lift, and it does push away the Sabbath. There we have stated23: "Rebbi Jehudah says, also one may lift dema' by one in 456 'ORLAH CHAPTER TWO a hundred." On that, it was stated24: "Rebbi Simeon ben Eleazar says, if he wishes he earmarks part of it and eats the remainder." Rebbi Jonah said, Rebbi Judah treated it as end of separation and Rebbi Simeon ben Eleazar treated it as beginning of separation25.