Menachot 67
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This month’s learning is sponsored by Marci Glazer in loving memory of her teacher and chevruta, Rachel Brodie, Rachel Aviva bat Devora Chana, on her 4th yahrzeit. “She brought her love of Torah to thousands of people in her all-too-short life. A lover of Midrash, she still invited me on this Daf Yomi journey.”
This week’s learning is sponsored by Rena Septee Goldstein and Mark Goldstein in loving memory of Moe Septee. “A wonderful man.”
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This month’s learning is sponsored by Marci Glazer in loving memory of her teacher and chevruta, Rachel Brodie, Rachel Aviva bat Devora Chana, on her 4th yahrzeit. “She brought her love of Torah to thousands of people in her all-too-short life. A lover of Midrash, she still invited me on this Daf Yomi journey.”
This week’s learning is sponsored by Rena Septee Goldstein and Mark Goldstein in loving memory of Moe Septee. “A wonderful man.”
This month’s learning is sponsored by Marci Glazer in loving memory of Rachel Brodie, Rachel Aviva bat Devora Chana, on her 4th yahrzeit. “To my extraordinary teacher and chevruta: She brought her love of Torah to thousands of people in her all-too-short life. A lover of Midrash, she still invited me on this Daf Yomi journey. All of my learning is dedicated to her.”
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Menachot 67
ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦΆΧ§Φ°ΧΦ΅ΦΌΧ©Χ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ΄ΦΌΧͺΦ°Χ Φ·Χ: ΧΦ΄Χ§Φ°ΧΦ΄ΦΌΧΧ©ΦΈΧΧΦΌ Χ’Φ΄ΧΧ‘ΦΈΦΌΧͺΦΈΧΦΌ Χ’Φ·Χ Χ©ΦΆΧΧΦΉΦΌΧ ΧΦ΄ΦΌΧΦ°ΧΦ°ΦΌΧΦΈΧ ΧΦΌΧ€Φ°ΧΦΈΧΦ·ΧͺΦΈΦΌΧ β ΧΦ·ΧΦΆΦΌΧΧΦΆΧͺ, ΧΦ΄Χ©ΦΆΦΌΧΧΦ΄ΦΌΧΦ°ΧΦ°ΦΌΧΦΈΧ ΧΦΌΧ€Φ°ΧΦΈΧΦ·ΧͺΦΈΦΌΧ β ΧΦ·ΧΦΆΦΌΧΧΦΆΧͺ, ΧΦ΄Χ§Φ°ΧΦ΄ΦΌΧΧ©ΦΈΧΧΦΌ Χ’Φ·Χ Χ©ΦΆΧΧΦΉΦΌΧ ΧΦ΄ΦΌΧΦ°ΧΦ°ΦΌΧΦΈΧ, ΧΦ°ΧΦ΄ΧΦ°ΧΦ°ΦΌΧΦΈΧΦΌ ΧΦ·ΧΦ΄ΦΌΧΦ°ΧΦΈΦΌΧ¨ ΧΦ°ΧΦ·ΧΦ·Χ¨ ΧΦΈΦΌΧΦ° Χ€Φ°ΦΌΧΦΈΧΦ·ΧͺΦΈΦΌΧ β Χ€Φ°ΦΌΧΧΦΌΧ¨ΦΈΧ, Χ©ΦΆΧΧΦ΄ΦΌΧ©Φ°ΧΧ’Φ·Χͺ ΧΧΦΉΧΦΈΧͺΦΈΧΦΌ ΧΦΈΧΦ°ΧͺΦΈΧ Χ€Φ°ΦΌΧΧΦΌΧ¨ΦΈΧ.
Rava adds: The kneading of consecrated dough exempts it from the obligation of αΈ₯alla, as we learned in a mishna (αΈ€alla 3:3): If a woman consecrated her dough before she kneaded it and she subsequently redeemed it, she is obligated to separate αΈ₯alla. Likewise, if she consecrated it after she kneaded it and then she redeemed it, she is obligated to separate αΈ₯alla. But if she consecrated the dough before she kneaded it and the Temple treasurer kneaded it and then she subsequently redeemed it, she is exempt. The reason is that at the time that its obligation in αΈ₯alla would have taken effect, i.e., at the time of its kneading, it was exempt, because it was Temple property.
ΧΦΈΦΌΧ’Φ΅Χ Χ¨ΦΈΧΦΈΧ: ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦΌΧΦΉΧ ΧΦ·ΧΧ? ΧΦ΄ΧΧͺΦ°Χ ΦΈΧ ΧͺΦ°ΦΌΧ Φ·Χ: ΧΦ΅ΦΌΧ¨ Χ©ΦΆΧΧ Φ΄ΦΌΧͺΦ°ΧΦ·ΦΌΧΦ΅ΦΌΧΧ¨ ΧΦ°ΧΦΈΧΦ°ΧͺΦΈΧ ΧΧΦΉ Χ’Φ΄ΧΧ‘ΦΈΦΌΧ, Χ Φ·Χ’Φ²Χ©Φ΅ΧΧΧͺ Χ’Φ·Χ Χ©ΦΆΧΧΦΉΦΌΧ Χ Φ΄ΧͺΦ°ΧΦ·ΦΌΧΦ΅ΦΌΧΧ¨ β Χ€ΦΈΦΌΧΧΦΌΧ¨, ΧΦ΄Χ©ΦΆΦΌΧΧ Φ΄ΦΌΧͺΦ°ΧΦ·ΦΌΧΦ΅ΦΌΧΧ¨ β ΧΦ·ΧΦΈΦΌΧΧ, Χ‘ΦΈΧ€Φ΅Χ§ β ΧΦ·ΧΦΈΦΌΧΧ.
Rava raises a dilemma: If dough was kneaded while in the possession of a gentile, what is its status? Is one who acquires it after it has been kneaded obligated to separate αΈ₯alla from it or not? The Gemara answers that this is taught explicitly, as we learned in a mishna (αΈ€alla 3:6): With regard to a convert who converted and had dough in his possession, if it was prepared before he converted, he is exempt from the obligation of αΈ₯alla. If it was prepared after he converted, he is obligated. If he is uncertain, he is obligated.
ΧΦΈΧ ΧΦ·ΧΧ Χ§ΦΈΧͺΦΈΧ Φ΅Χ ΧΦ·ΧΦΌ? ΧΦ΄ΦΌΧΦ°Χ¨Φ΅Χ ΧΦ·ΧΦΉΦΌΧ ΧΦ΄ΧΧ, ΧΦ·ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦ°ΦΌΧ§ΦΈΧΦ°ΧΦ·ΧΦ°ΦΌΧΧΦ΄Χ ΧΦΈΧͺΦΈΧ β Χ€ΦΈΦΌΧΦ°Χ¨Φ΄Χ ΧΦΈΧΦΈΧ.
The Gemara asks: Of the Sages who disagreed with regard to the obligation to tithe grain that is smoothed by a gentile, who taught this mishna with regard to αΈ₯alla? Perhaps it is a ruling upon which everyone agrees, and even Rabbi Meir and Rabbi Yehuda, who obligate there, in the case of tithes, exempt here in the case of αΈ₯alla.
ΧΦΈΧͺΦΈΧ ΧΧΦΌΧ, ΧΦ΄ΧΦ°ΧͺΦ΄ΧΧ Χ΄ΧΦ°ΦΌΧΦΈΧ Φ°ΧΦΈΧ΄, Χ΄ΧΦ°ΦΌΧΦΈΧ Φ°ΧΦΈΧ΄ ΧΦ·ΧͺΦ΄ΦΌΧΧ¨ΦΈΧ.
The Gemara explains this possibility. There are three verses written with regard to teruma that contain the term βyour grain.β They are: βYou may not eat within your gates the tithe of your grainβ (Deuteronomy 12:17); βAnd you shall eat before the Lord your Godβ¦the tithe of your grainβ (Deuteronomy 12:17); and βThe first fruits of your grainβ¦you shall give himβ (Deuteronomy 18:4). It can therefore be claimed that only there Rabbi Meir and Rabbi Yehuda hold that one is obligated to separate tithes from grain that was owned by a gentile, as in addition to the first reference to βyour grain,β which excludes grain that was smoothed while in the Templeβs possession, it is written an additional βyour grain,β and then another reference to βyour grain.β
ΧΦΈΧΦ΅Χ ΧΦ΄ΧΧ’ΧΦΌΧ ΧΦ·ΧΦ·Χ¨ ΧΦ΄ΧΧ’ΧΦΌΧ, ΧΦ°ΧΦ΅ΧΧ ΧΦ΄ΧΧ’ΧΦΌΧ ΧΦ·ΧΦ·Χ¨ ΧΦ΄ΧΧ’ΧΦΌΧ ΧΦΆΧΦΈΦΌΧ ΧΦ°Χ¨Φ·ΧΦΌΧΦΉΧͺ, ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΌΧΦΉΧ.
The Gemara elaborates: This is an example of a restrictive expression following a restrictive expression. And there is a hermeneutical principle that a restrictive expression following a restrictive expression comes only to include additional cases. In this case, the verses teach that even grain that belonged to gentiles is obligated in the separation of tithes.
ΧΦ²ΧΦΈΧ ΧΦΈΧΦΈΧ, ΧͺΦ°ΦΌΧ¨Φ΅Χ ΧΦ΄ΧΧΦ°Χ Φ΅Χ Χ΄Χ’Φ²Χ¨Φ΄Χ‘ΦΉΧͺΦ΅ΧΧΦΆΧΧ΄ ΧΦ°ΦΌΧͺΦ΄ΧΧ, ΧΦ·Χ Χ΄Χ’Φ²Χ¨Φ΄Χ‘ΦΉΧͺΦ΅ΧΧΦΆΧΧ΄ ΧΦ°ΦΌΧΦ΅Χ Χ’Φ΄ΧΧ‘Φ·ΦΌΧͺΦ°ΧΦΆΧ, ΧΦ°ΧΦ·Χ Χ΄Χ’Φ²Χ¨Φ΄Χ‘ΦΉΧͺΦ΅ΧΧΦΆΧΧ΄ ΧΦ°ΧΦΉΧ Χ’Φ΄ΧΧ‘Φ·ΦΌΧͺ ΧΦΌΧΦΉΧΦ΄Χ ΧΦ°ΧΦΉΧ Χ’Φ΄ΧΧ‘Φ·ΦΌΧͺ ΧΦΆΧ§Φ°ΧΦ΅ΦΌΧ©Χ.
But here, with regard to the obligation to separate αΈ₯alla, the term βyour doughβ is written only twice: βOf the first of your dough you shall set apart a cake for a gift; as that which is set apart of the threshing floor, so shall you set it apart. Of the first of your dough you shall give to the Lord a portion for a gift throughout your generationsβ (Numbers 15:20β21). One reference to βyour doughβ teaches that one is obligated to separate αΈ₯alla only from an amount equal to your dough in the wilderness, where the mitzva was commanded, i.e., the volume of one omer. And one reference to βyour doughβ teaches that only the dough of an ordinary Jew is obligated but not the dough of gentiles nor the dough of consecrated property.
ΧΧΦΉ ΧΦ΄ΧΦ°ΧΦΈΧ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΧΦΉΧ‘Φ΅Χ ΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ Χ©Φ΄ΧΧΦ°Χ’ΧΦΉΧ Χ§ΦΈΧͺΦΈΧ Φ΅Χ ΧΦ·ΧΦΌ, ΧΦ°ΦΌΧ§ΦΈΧ Χ€ΦΈΦΌΧΦ°Χ¨Φ΄Χ, ΧΦ²ΧΦΈΧ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦΈΦΌΧΦ°Χ¨Φ΄Χ Χ΄Χ¨Φ΅ΧΧ©Φ΄ΧΧΧͺΧ΄ Χ΄Χ¨Φ΅ΧΧ©Φ΄ΧΧΧͺΧ΄ ΧΦ΅ΧΦΈΧͺΦΈΧ.
The Gemara continues: Or perhaps it is Rabbi Yosei and Rabbi Shimon who taught that mishna, as they maintain that grain that was smoothed by a gentile owner is exempt from the obligation to separate tithes, and likewise dough kneaded by a gentile owner is likewise exempt from the obligation to separate αΈ₯alla. But Rabbi Meir and Rabbi Yehuda derive by way of verbal analogy the halakha with regard to αΈ₯alla, concerning which it is written: βOf the first of your dough,β from the same expression that appears there, with regard to tithes: βThe first fruits of your grain.β Just as in the case of tithes they hold that one is obligated to separate the tithes from a pile of grain that was smoothed by a gentile owner, so too they hold that one is obligated to separate αΈ₯alla from dough that was kneaded by a gentile owner.
ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦ°ΧΦ΅Χ Χ¨Φ·Χ’Φ²ΧΦΈΧ ΧΦ°ΦΌΧΦΆΧΦ°ΧΦ°ΧΦ΅ΧΦΌ ΧΦ°ΦΌΧΦΆΧΧΦ°ΧΦΈΧ. ΧΦ²ΧΦ·Χ¨ ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦ·ΧΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨ ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨ β ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦ·ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ·ΧΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨ ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨ β ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨.
Rava said: May it be Godβs will that I see the answer to my question in a dream. Rava then said: The one who says that the smoothing of a grain pile by its gentile owner exempts a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by its gentile owner exempts a future Jewish owner from any obligation to separate αΈ₯alla. So too the one who says that the smoothing of a grain pile by a gentile owner does not exempt a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by a gentile owner does not exempt a future Jewish owner from the obligation to separate αΈ₯alla.
ΧΦ΅ΧΧͺΦ΄ΧΧΦ΅ΧΧΦΌ Χ¨Φ·Χ Χ€ΦΈΦΌΧ€ΦΈΦΌΧ ΧΦ°Χ¨ΦΈΧΦΈΧ: ΧΦΌΧΦΉΧ Χ©ΦΆΧΧΦ΄Χ€Φ°Χ¨Φ΄ΧΧ©Χ Χ€ΦΆΦΌΧΦΆΧ¨ ΧΦ²ΧΧΦΉΧ¨ ΧΦ°ΧΦ·ΧΦΈΦΌΧ, ΧΧΦΉΧΦ΄ΧΧ’Φ΄ΧΧ ΧΧΦΉΧͺΧΦΉ Χ©ΦΆΧΧΧΦΌΧ Χ€ΦΈΦΌΧΧΦΌΧ¨, ΧΦ°ΧΦ·ΧΦΈΦΌΧͺΧΦΉ Χ ΦΆΧΦ±ΧΦΆΧΦΆΧͺ ΧΦ°ΧΦΈΧ¨Φ΄ΧΧ, ΧΦΌΧ€ΦΆΧΦΆΧ¨ ΧΦ²ΧΧΦΉΧ¨ ΧΦΌΧΦΉΧΦ΅Χ ΧΦ°Χ’ΧΦΉΧΦ΅Χ ΧΦΌΧΦΉ.
Rav Pappa raised an objection to Rava from a baraita (Tosefta, Terumot 4:13): With regard to a gentile who separated a lamb in order to redeem a firstborn donkey, or if he separated αΈ₯alla from dough that he kneaded, one informs him that he is exempt from these obligations and his αΈ₯alla may be eaten by non-priests and the lamb designated to redeem his firstborn donkey may be sheared and worked.
ΧΦΈΧ ΧͺΦ°ΦΌΧ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ, ΧΦ°ΧΦΈΧ ΧΦ·ΧΧ ΧͺΦ·ΦΌΧ ΦΈΦΌΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨: ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ°ΧΦ΄ΧΦ°ΧΦΌΧΦΌΧ ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨.
One can infer: But if a gentile separated teruma, the portion of the produce designated for the priest, from a grain pile that he smoothed, his teruma is prohibited to a non-priest. And this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, as the same halakhot apply to tithes as to teruma, and yet he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate αΈ₯alla. This refutes Ravaβs conclusion that one who holds that there is an exemption in the case of tithes likewise holds that an exemption applies to αΈ₯alla.
ΧΦ°Χ’ΧΦΉΧ ΧΦ΅ΧΧͺΦ΄ΧΧΦ΅ΧΧΦΌ Χ¨ΦΈΧΦ΄ΧΧ ΦΈΧ ΧΦ°Χ¨ΦΈΧΦΈΧ: ΧΦ·ΧΦ·ΦΌΧͺ ΧΦΌΧΦΉΧ ΧΦΈΦΌΧΦΈΧ¨ΦΆΧ₯, ΧΦΌΧͺΦ°Χ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦ°ΦΌΧΧΦΌΧ¦ΦΈΧ ΧΦΈΧΦΈΧ¨ΦΆΧ₯ β ΧΧΦΉΧΦ΄ΧΧ’Φ΄ΧΧ ΧΧΦΉΧͺΧΦΉ Χ©ΦΆΧΧΧΦΌΧ Χ€ΦΈΦΌΧΧΦΌΧ¨, ΧΦ·ΧΦΈΦΌΧͺΧΦΉ Χ ΦΆΧΦ±ΧΦΆΧΦΆΧͺ ΧΦ°ΧΦΈΧ¨Φ΄ΧΧ, ΧΦΌΧͺΦ°Χ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦ΅ΧΧ ΦΈΧΦΌ ΧΦ°ΧΦ·ΧΦ·ΦΌΧ’Φ·Χͺ. ΧΦΈΧ ΧͺΦ°ΦΌΧ¨ΧΦΌΧΦΈΧͺΧΦΉ ΧΦΈΦΌΧΦΈΧ¨ΦΆΧ₯ β ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ ΧΦΌΧΦ°ΧΦ·ΧΦ·ΦΌΧ’Φ·Χͺ.
And Ravina further raised an objection to Rava from a baraita: With regard to αΈ₯alla of a gentile that he separated after kneading his dough in Eretz Yisrael, or his teruma that he separated after smoothing his pile of grain outside Eretz Yisrael, in both cases one informs him that he is exempt from those obligations and his αΈ₯alla may be eaten by non-priests and his teruma does not render a mixture prohibited if it becomes mixed with non-sacred produce. One can infer: But his teruma from his grain in Eretz Yisrael is prohibited to non-priests and renders a mixture prohibited if it becomes mixed with non-sacred produce.
ΧΦ°ΧΦΈΧ ΧΦ·ΧΧ ΧͺΦ·ΦΌΧ ΦΈΦΌΧ ΧΦ°ΦΌΧΦΈΧΦ·Χ¨: ΧΦ΅ΧΧ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΧΦΉΧ ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧΦ΅Χ¨, ΧΦ΄ΦΌΧΦ°ΧΦΌΧΦΌΧ ΧΦ·ΧΦΌΧΦΉΧ Χ€ΦΌΧΦΉΧΦ΅Χ¨!
The Gemara explains the objection: And again this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, and nevertheless he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate αΈ₯alla.
ΧΦ΄ΧΦ°ΦΌΧ¨Φ·ΧΦΈΦΌΧ Φ·Χ, ΧΦ°ΦΌΧΦ΅ΧΧ¨ΦΈΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦ·ΦΌΧ’Φ²ΧΦ΅Χ ΧΦ΄ΧΧ‘Φ΄ΧΧ.
The Gemara answers: This ruling that the smoothing of a grain pile by its gentile owner does not exempt it from the obligations of teruma and tithes applies only by rabbinic law. By Torah law, the smoothing of a grain pile by its gentile owner does exempt it from the obligation to separate teruma and tithes. The Sages enacted a decree due to the schemes of people of means. There was a fear that conniving merchants might temporarily transfer ownership of their produce to gentiles while the piles were smoothed, after which the gentiles would return them to their possession, thereby circumventing the obligation to separate teruma and tithes.
ΧΦ΄Χ ΧΦΈΧΦ΄Χ, ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ? ΧΦΆΧ€Φ°Χ©ΦΈΧΧ¨ ΧΦ°ΦΌΧΦΈΧ€Φ΅Χ ΧΦΈΧΦΌ Χ€ΦΈΦΌΧΧΦΉΧͺ ΧΦ΅ΧΦ²ΧΦ΅Χ©ΦΆΧΧͺ Χ¨Φ°ΧΦΈΧ’Φ΄ΧΧ Χ§ΦΆΧΦ·Χ, ΧΦ°Χ’ΧΦΉΧ.
The Gemara asks: If so, then αΈ₯alla should be subject to the same rabbinic decree as well, to prevent someone from circumventing their obligation to separate αΈ₯alla by temporarily selling their dough to a gentile who will knead it and return it to them. Why then does the baraita teach that dough kneaded by a gentile owner is exempt? The Gemara answers: There is no need for a decree in this case, since if one wanted to circumvent his obligation to separate αΈ₯alla from his dough, an easier method is available: It is possible for him to bake using less than five-fourths of a kav of flour and a bit more, the minimum amount necessitating the separation of αΈ₯alla.
ΧͺΦ°ΦΌΧ¨ΧΦΌΧΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΦΆΧ€Φ°Χ©ΦΈΧΧ¨ ΧΦ°ΦΌΧ’ΦΈΧΦ΅ΧΧ ΧΦ·ΧΦΌ ΧΦ΄ΦΌΧΦ°Χ¨Φ·ΧΦ΄ΦΌΧ ΧΧΦΉΧ©Φ·ΧΧ’Φ°ΧΦΈΧ? ΧΦ°ΦΌΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΧΦΉΧ©Φ·ΧΧ’Φ°ΧΦΈΧ: ΧΦ·Χ’Φ²Χ¨Φ΄ΧΧ ΧΦΈΧΦΈΧ Χ’Φ·Χ ΧͺΦ°ΦΌΧΧΦΌΧΦΈΧͺΧΦΉ ΧΦΌΧΦ·ΧΦ°Χ Φ΄ΧΧ‘ΦΈΧΦΌ ΧΦ·ΦΌΧΦΌΧΦΉΧ₯ Χ©ΦΆΧΧΦΈΦΌΧΦΌ, ΧΦ°ΦΌΧΦ΅Χ Χ©ΦΆΧΧͺΦ°ΦΌΧΦ΅Χ ΧΦ°ΦΌΧΦΆΧΦ°ΧͺΦΌΧΦΉ ΧΧΦΉΧΦΆΧΦΆΧͺ ΧΦΌΧ€Φ°ΧΧΦΌΧ¨ΦΈΧ ΧΦ΄Χ ΧΦ·ΧΦ·ΦΌΧ’Φ²Χ©Φ΅ΧΧ¨. ΧΦ΄Χ Χ ΦΈΧΦ΅Χ, ΧΦ°ΦΌΧ’Φ·ΧΦ΅ΦΌΧΧ ΧΦ·ΧΦΌ ΧΦΆΦΌΧ¨ΦΆΧΦ° ΧΦ·ΦΌΧΦΌΧΦΉΧͺ ΧΦ°ΧΦΆΧ¨ΦΆΧΦ° Χ§Φ·Χ¨Φ°Χ€Φ΅ΦΌΧΧ€ΧΦΉΧͺ?
The Gemara asks: If so, why is there a need for a rabbinic decree with regard to teruma and tithes? The obligation to separate teruma and tithes can also be easily circumvented by acting in accordance with that which Rabbi Oshaya suggested, as Rabbi Oshaya says: A person can employ artifice to circumvent obligations incumbent upon him in dealing with his grain, and exempt himself by bringing it into his courtyard in its chaff so that his animal may eat from it. And this grain is exempt from teruma and tithes. Although the obligation to separate teruma from and to tithe produce that has been fully processed applies even to animal fodder, it is permitted to feed oneβs animal untithed produce that has not been fully processed. Alternatively, another option of avoiding the obligation of teruma and tithes is to bring in the produce to his house by way of roofs or by way of enclosures [karpeifot]. The obligation of teruma and tithes applies only to produce that passes through the entrance of the house.
ΧΦΈΧͺΦΈΧ ΧΦ°ΦΌΧ€Φ·Χ¨Φ°ΧΦΆΧ‘Φ°ΧΦΈΧ, ΧΦ΄ΧΧΦΈΧ ΧΦ΅ΦΌΧΧΦΌ ΧΦ΄ΧΧΦ°ΦΌΧͺΦΈΧ; ΧΦΈΧΦΈΧ ΧΦ°ΦΌΧ¦Φ΄ΧΧ Φ°Χ’ΦΈΧ, ΧΦΈΧ ΧΦ΄ΧΧΦΈΧ ΧΦ΅ΦΌΧΧΦΌ ΧΦ΄ΧΧΦ°ΦΌΧͺΦΈΧ.
The Gemara answers: There, in the case of teruma and tithes, the two options of bringing in the grain in its chaff or by way of roofs are performed in public [befarhesya], and it is degrading for one to be seen circumventing his obligation. Consequently, one who wishes to avoid the obligation would prefer the option of transferring ownership to a gentile, which the Sages prevent with their decree. Here, in the case of αΈ₯alla, the option of baking with less than the minimum quantity of flour to avoid being obligated to separate αΈ₯alla from the dough is performed in private, and it is not degrading for him, and he would sooner take advantage of that option than go through the process of transferring the dough to a gentile. Therefore, the Sages did not apply their decree in this case.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ ΧΦΈΦΌΧ ΧΧΦΉ ΧΦΈΧ’Φ΄Χ©ΦΈΦΌΧΧ¨ΧΦΉΧ, Χ ΦΈΧͺΦ·Χ Χ’ΦΈΧΦΈΧΧ Χ©Φ·ΧΧΦ°Χ ΧΦΉ ΧΦΌΧΦ°ΧΧΦΉΧ ΦΈΧͺΧΦΉ, ΧΦΈΧ¦Φ·Χ§ ΧΦΌΧΦΈΧΦ·Χ, ΧΦ΅Χ Φ΄ΧΧ£ ΧΦ°ΧΦ΄ΧΦ΄ΦΌΧΧ©Χ, Χ§ΦΈΧΦ·Χ₯ ΧΦ°ΧΦ΄Χ§Φ°ΧΦ΄ΧΧ¨, ΧΦ°ΧΦ·Χ©Φ°ΦΌΧΧΦΈΧ¨ Χ ΦΆΧΦ±ΧΦΈΧ ΧΦ·ΧΦΉΦΌΧΦ²Χ Φ΄ΧΧ.
MISHNA: After daybreak, the priest sacrificing the omer came to the sifted tenth of an ephah, placed in the vessel in his hand some of its log of oil, and placed its frankincense on the side of the vessel. He then poured some more oil from the log onto the high-quality flour and mixed them together, waved and brought the meal offering to the corner of the altar, and removed the handful and burned it on the altar. And the rest of the meal offering is eaten by the priests.
ΧΦ΄Χ©ΦΆΦΌΧΧ§ΦΈΦΌΧ¨Φ·Χ ΧΦΈΧ’ΧΦΉΧΦΆΧ¨, ΧΧΦΉΧ¦Φ°ΧΦ΄ΧΧ ΧΦΌΧΧΦΉΧ¦Φ°ΧΦ΄ΧΧ Χ©ΧΧΦΌΧ§ ΧΦ°Χ¨ΧΦΌΧ©ΦΈΧΧΦ·ΧΦ΄Χ Χ©ΦΆΧΧΧΦΌΧ ΧΦΈΧΦ΅Χ Χ§ΦΆΧΦ·Χ Χ§ΦΈΧΦ΄Χ, Χ©ΦΆΧΧΦΉΦΌΧ ΧΦ΄ΦΌΧ¨Φ°Χ¦ΧΦΉΧ ΧΦ²ΧΦΈΧΦ΄ΧΧ β ΧΦ΄ΦΌΧΦ°Χ¨Φ΅Χ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ΅ΧΦ΄ΧΧ¨. Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨: ΧΦ΄ΦΌΧ¨Φ°Χ¦ΧΦΉΧ ΧΦ²ΧΦΈΧΦ΄ΧΧ ΧΦΈΧΧΦΌ Χ’ΧΦΉΧ©Φ΄ΧΧΧ.
Once the omer was sacrificed people would emerge and find the marketplace of Jerusalem full of the flour from the parched grain of the new crop that was permitted by the waving and the sacrifice of the omer offering. That filling of the marketplace with the new crop was performed not with the approval of the Sages; this is the statement of Rabbi Meir. Rabbi Yehuda says: They would do so with the approval of the Sages.
ΧΦΌΦ°ΧΦΈΧ³ ΧΦ°ΧΦΈΧ ΧΦΈΦΌΧΦ·Χ¨ Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦ΄ΦΌΧΦ°ΧΦΈΧ ΧΦΈΧͺΦ΅Χ ΧΦ°ΧΦ΅ΧΧΦ·Χ ΧΦ΄ΧΧ Φ΅ΦΌΧΧΦΌ?
GEMARA: The mishna teaches that the marketplaces of Jerusalem would be filled with flour of parched grain even before the sacrificing of the omer offering, and Rabbi Yehuda holds that the Sages approved of this practice. The Gemara asks: And doesnβt Rabbi Yehuda agree that the Sages issued a decree against filling of the marketplaces with grain that is prohibited in consumption at the time? Wasnβt he concerned that perhaps someone might come to eat from it?
ΧΦΌΧ¨Φ°ΧΦ΄ΧΧ Φ°ΧΧΦΌ: Χ¨Φ·ΧΦ΄ΦΌΧ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨, ΧΦΌΧΦΉΧΦ°Χ§Φ΄ΧΧ ΧΧΦΉΧ¨ ΧΦ·Χ¨Φ°ΧΦΈΦΌΧ’ΦΈΧ Χ’ΦΈΧ©ΦΈΧΧ¨, ΧΦΌΧΦ°ΧΦ·Χ¨Φ°ΧΦΈΦΌΧ’ΦΈΧ Χ’ΦΈΧ©ΦΈΧΧ¨ Χ©Φ·ΧΧΦ²Χ¨Φ΄ΧΧͺ, ΧΦΌΧΦ΄Χ©Φ°ΧΧ’Φ·Χͺ ΧΦ·ΧΦ΄ΦΌΧΧ’ΧΦΌΧ¨, ΧΦ·ΧΦ²ΧΦΈΧΦ΄ΧΧ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ: ΧΦΉΧ ΧΦΈΦΌΧΦ·Χ§ ΧΦΌΧΦΌΧ³.
And the Gemara raises a contradiction from a mishna (PesaαΈ₯im 10b): Rabbi Yehuda says that one searches for leaven on the evening of the fourteenth of Nisan, and on the fourteenth in the morning, and at the time of the eradication of leaven. And the Rabbis say: That is not the halakha; rather, if one did not search on the evening of the fourteenth he should search on the fourteenth during the day, and if he did not search on the fourteenth, he should search during the festival of Passover. Since Rabbi Yehuda does not allow a search on Passover itself, he is evidently concerned that one who finds prohibited food might come to eat it. The same reasoning should apply in the case of the new crop.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΈΦΌΧ: Χ©ΦΈΧΧΧ Φ΅Χ ΧΦΈΧΦΈΧ©Χ,
Rabba says that the prohibition of new grain is different, for the following reason:


























