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pwn pis anai iVx ΐν^οζη on^in") rw>an V?<V> οη^ ν n»m (foi. i5a) o^iy^ io>rii-p3 !?oiN o-jnv on^ i!?>n .rnin -ηο>τ»1 ohüQ jw^ö?5· jiN^rji D>7V0 JT^W on) "To»? N^n ri)?»p ν^τη τηπ rnin *nn>ri·) rvirte pa Mishnah 1: These are the matters that have no measure1: Peah2, first fruits3, appearance4, works of kindness5, and Torah study6. These are the matters whose product a person eats in this world and whose capital remains for him7 in the future world: Honoring father and mother, works of kindness, making peace between people; the study of Torah is worth all of these. 1 These are obligations spelled 3 There is an obligation to bring out in the Torah, so one has to fulfill the first fruits of one's land to the them; but the Torah did not specify Temple, Lev. 23:19, 34:26; Ν eh. 10:36. either minimum or maximum obli- No amount has been specified. This gation. However, there are rabbinic obligation is the subject of tractate minima and sometimes maxima estab- Bikkurim. lished for all obligations. 4 There is an obligation to appear 2 In harvesting a field, one is not in the Temple on the three holidays of permitted to harvest the last corner pilgrimage (Ex. 23:17, 34:23-24, Deut. (πκβ), that must be abandoned to be 16:16). It is forbidden to appear in the harvested by the poor (Lev. 19:9,23:22). Temple emptyhanded (Ex. 23:15, 34:20, There is no minimum mentioned in the Deut. 16:16), i. e., without bringing a Torah; the Talmud will discuss whether sacrifice. The Torah docs not directly one may declare one's entire field as spell out the value of the sacrifice, but Peah. the verse in Deuteronomy requires it to 4 PEAH CHAPTER ONE be "proportional to the blessing that and mourners, to work for the public the Eternal has bestowed on you." The good, and similar deeds. That aspect Talmud will discuss which of the two has no limits, upper or lower, expressed obligations (appearance or sacrifice) is anywhere. meant here. 6 It is written of the Torah (Jos. 5 Charity has two aspects: one is 1:8): "You should meditate upon it day giving money and valuables to the and night." Hence, there is no upper needy; this has no explicit lower and limit. The obligation of Torah study upper limit, but it does have rabbinic can be fulfilled by the recitation of limits in both directions. This, in Shema', but that recitation is also an addition to the laws of Peak, is one of independent obligation. Hence, Torah the topics of the tractate. The other study per se has no lower limit. aspect is giving one's time to attend 7 As deeds which merit reward in funerals, weddings, visiting the sick the future life. >iwj?)0 liir) >£>n ρη*> -ion η> >an :m n&N .nptonen >J3>N ,ήηον rajnn ij^ri tO now .n^-m ΊΓττψ-i?? ηψίν o-jn γπ) oni3«? irnty-^ ntyiy o-jn >t?i> ni .nn>3ni nwa irnty"!?? ηψν o-jn v*< 'It) nwa *i»iN »on nrj iia'nrj nl?i2>v -»sj? tC?y 1nv)>p!p ηιρίτ roivyN-iii n!?ia>\{> >pi>rn djn n}»njii roivhnn n!?ia>vj "»ίίβψ» irny η}»ηιυ njw>on Ν*TJ> ion οι? .ηψίν riK>a ΐΓΠψ-ϊη niwifc ^ii^a .nwa vny-^ ύη< npmjp *>j?>a .nipnii in? a»n™ >-pn rnjpn? DI!?? -ION N^ n^n ηρηη 'i-iir!?? -iniNn 195 nyiy Halakha 1: Rebbi Benjamin ben Levi7 said: Rebbi Isaac and Rebbi Immi8 were sitting and asking: Why did they not state terumah9 with these? Rebbi Immi said, because of the disagreement10. Rebbi Yose said11, one may declare one's entire field first fruits but one may not declare one's entire field terumah. They objected: Look, it mentions HALAKHAH 1 1 peak, but nobody may make his entire field peah12, but it was stated! Rebbi Yose said: The cutting of the first ear is compared to smoothing13. Before he cut the first ear, the field was not obligated for peah. After he cut the first ear, the entire field became obligated for peah and if he then wants to declare his entire field as peah he may do so14. But here, before he smoothed his grain heap, the heap was not obligated for terumah. When he wants to declare his entire heap as terumah, he may not do so since we have stated there (Hollah 1:9): "He who says: My whole threshing floor shall be terumah or my entire dough shall be hallah15 did not say anything unless he reserves part of it16." 7 A Galilean Amora of the fourth terumah gedolah for the quantity of generation, one of the teachers of R. which the Torah does not give any Abun. rules; hence, one grain may be given 8 He is Rebbi Ammi. for an entire silo full of grain. Today, 9 The gift to the Cohen from the this grain, being ritually impure, has to harvest, cf. Berakhot, Chapter 1, Note be burned. 3. There are two kinds of terumah. 10 In Mishnah Terumot 3:5 we find The first one, terumah gedolah "the a disagreement between Tannai'm. great terumah" must be given to the Rebbi Eliezer is of the opinion that one Cohen as absolutely first gift after the may not give more than 10% of the completion of the harvest. Then a tithe crop as terumah gedolah. Rebbi Ismael of ten percent, maäser, must be given gives 50% as upper limit, and Rebbis to the Levite who in turn has to give Aqiba and Tarphon permit one to give ten percent, one percent of the original, as much as one likes on condition that to the Cohen. The two terumot must be some profane food be left over. Hence, eaten in ritual purity by the priestly one cannot say that terumah gedolah families; in contrast the tithe is a civil has no upper limit from the Torah, at obligation and is profane food in the least not according to Rebbis Eliezer hands of the Levite. An infraction of and Ismael. the rules of purity for terumah is a 11 Rebbi Yose (the fourth deadly sin. One speaks here about generation Amora) explains that even fL PEAH CHAPTER ONE according to Rebbis Aqiba and may not eat from it before terumot are Tarphon, who are followed in practice, separated. terumah has no place in the Mishnah. 14 It is not "the entire field," only 12 Tosephta 1:1. "the entire field that is obligated for 13 In harvesting grain, the last peak" hence, the Tosephta that forbids operation is smoothing the heap of the entire field will permit the field grain (so that theft could be easily minus one stalk. detected. In modern terms, the 15 Hollah is the obligatory gift to equivalent would be storing the grain the Cohen from a (large enough) batch in a silo.) Terumah is not due before of bread dough, discussed in tractate the end of the harvesting process since Hallah. It has the status of terumah; it is an obligation only for food. The hence, today is must be burned. implication is that workers may eat 16 Even though the remainder may from the kernels before the end of the be a single grain; the difference to harvesting process (cutting, threshing, peah is in the theoretical basis, not the winnowing, and storing); after that one practical side. n}>>n N>n .n^g? κητιψ mo nJivwoi} in»? ηρΊψη njimon .ΠΝ>£ΙΙ ηι»η κνη ΠΝ>3 ιητψ-^ n>ap rp*p IP nj>v>?y? rpoy ovs κη>ψ >3D "iijiwpo io iniJ is!yv no wn^n] n>$o iSi? no π^ιψη mwion ·\χρτ πηρκ tqn .»on αν? -mj?> my Is the first ear obligated for peahl It is impossible to say that it obligated the entire field for peah and itself should be obligated for peah11. If he cut the first ear and it was burned, does he have to cut another one a second time18? Let us hear it from the following19: "If he cut half the field and sold the other half, or he sold what he had cut, if he cut half the field and dedicated20 what he had cut, he gives from the leftover for everything." If it is dedicated is it not as if it was burned21? This says that if he cut the first ear and it was burned, he does not have to cut a second time22. HALAKHAH 1 7 17 As explained in the preceding since peah must be given at the last paragraph. corner to be harvested. 18 If he wants to give his entire 20 To the Temple, the proceeds to field to the poor as peah, must the ear be used for the upkeep of the Temple. he cut first be in existence at the While the material is in the hands of moment of dedication? the Temple authorities, any private use 19 A statement similar to this of it is forbidden. baraita is in Tosephta 1:9; the 21 Since no benefit, whatsoever reference is to Mishnah 2:7: "If he cut may be derived from it at this stage. half the field and sold the other half, 22 Because if he dedicated the first the buyer gives peah for everything. If half and cut the second half for he cut half the field and dedicated the himself, he must give peah for the other half, the one who redeems it entire field from his part.
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  • Torah She-Ba'al

    Torah She-Ba'al

    SHALOM HARTMAN INSTITUTE Elu v'Elu: Two Schools of Halakha Face Off On Issues of Human Autonomy, Majority Rule And Divine Voice of Authority By Noam Zion Contents Copyright © 2008 Shalom Hartman Institute, Jerusalem, Israel 1 hartman.org.il | [email protected] Elu v'Elu: Two Schools of Halakha Face Off On Issues of Human Autonomy, Majority Rule And Divine Voice of Authority1 By: Noam Zion Table of Contents Introduction – the Rabbinic Revolution – the Rule of the Interpreters 3 A. Two Great Debates of the Schools of Hillel / Shammai and the Bat Kol: Comparing TB Eruvin 13b and TB Baba Metzia 59a-b 7 B. Can Later Rabbinic Creativity Transcend Its Origins? Moshe Struggles to Understand his Spiritual Heir, Akiva (TB Menachot 29b) 16 C. The Power to Exclude from the Debate: Why Do the Rabbis Excommunicate Eliezer? 20 D. What is the Divine Perspective on the Eliezer / Yehoshua Debate? 21 E. Bat Kol: What is the Relationship between God’s Revelation and Halachic Decision-making? (TB Baba Metzia 59 and Eruvin 13b) 24 F. What is the Significance of Hillel’s Moral Virtues? Granting Priority to Hillel’s School over Shammai’s (TB Eruvin 13a) 26 G. Pluralism versus Monism in the Search for Truth and the Relationship to the Other’s View 29 H. Eliezer’s Crisis of Conscience: How Can We Be Obligated to Follow a “Wrong” Decision Made by the Rabbis because They Constitute the Majority? 40 I. Living with Disagreement: The Culture of Controversy – What are the Limits of Unity and of Diversity within a Common Community? Three Theories of Tolerance 43 1 Summarized based on Moshe Halbertal lectures to TICHON on Interpretation, Avi Sagi’s Elu vElu, and on Aviezer Ravitsky, “The Question of Toleration in Jewish Tradition: Between Pluralism and Paternalism” in Bein Samchut l’Autonomia, edited by Avi Sagi, Zeev Safrai p.