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Steinsaltz

Furthermore, everyone agrees that also in the case of stones that are near the stone pile dedicated to Mercury, with regard to which it can be said that they fell from it, they are prohibited. Rabbi Yishmael and the Rabbis disagree only when the stones are distant.

The Gemara challenges: But the mishna teaches that the stones are at the side of Mercury, indicating that they are nearby. The Gemara explains: What is meant by the term: At the side of Mercury? It means at the side of its four cubits.

The Gemara clarifies the dispute: Rabbi Yishmael holds that at times, idol worshippers initially construct a small stone pile dedicated to Mercury at the side of a large stone pile dedicated to Mercury. Therefore, three stones, which resemble a complete pile dedicated to Mercury, are prohibited. Two stones, which do not resemble a stone pile dedicated to Mercury, are permitted. Conversely, the Rabbis hold that idol worshippers do not construct a small stone pile dedicated to Mercury at the side of a large stone pile dedicated to Mercury. Therefore, the halakha is not different in a case where there are three stones, and it is not different in a case where there are two stones. In both cases those stones that can be seen together with the pile dedicated to Mercury are prohibited, as they may have fallen from it, whereas those that cannot be seen together with the stone pile are permitted.

§ The Master said: In a case where it is known that these stones fell from it, everyone agrees that they are prohibited. And the Gemara raises a contradiction to Rabbi Yoḥanan’s statement from his statement presented in a baraita: With regard to stones that fell from a pile dedicated to Mercury, those that can be seen together with it are prohibited; those that cannot be seen together with it are permitted. And Rabbi Yishmael says: Three stones are prohibited, but two stones are permitted. The baraita indicates that Rabbi Yishmael and the Rabbis also disagree where it is known that the stones fell from the stone pile. Rava said: Do not say in the baraita: Stones that fell from a pile. Rather, say: Stones that were found adjacent to the pile. There is no certainty that they fell from the pile.

The Gemara asks: And does Rabbi Yishmael actually hold that two stones that are found adjacent to the pile are permitted? But isn’t it taught in a baraita: Rabbi Yishmael says: Two stones that are found in the area of the pile dedicated to Mercury are prohibited. Three stones are prohibited, even if they are found at a distance.

Rava said: It is not difficult. Here, in the second baraita, it is referring to a case where both the pile and the adjacent stones are in the same area, in which case the stones are forbidden. There, in the first baraita, it is referring to a case where they are in two adjacent areas, in which case they are permitted. And what is considered two adjacent areas? This is referring to a case where there is an elevated area between them, and evidently the stones did not fall from the pile.

The Gemara asks: And are stones that are merely adjacent to each other in this way considered a pile dedicated to Mercury? But isn’t it taught in a baraita: These are the stones of a place of worship dedicated to Mercury: One stone is situated on one side and one is situated on the other side, and one is situated atop of them, but not where the stones are merely adjacent to each other? Rava said: When that baraita is taught, it is with regard to the main pile of stones dedicated to Mercury, but the stones that are added to it are not necessarily arranged in this way.

§ The Gemara relates: The house of King Yannai was destroyed, and gentiles came and placed stones dedicated to Mercury in it. Later, other gentiles who did not worship Mercury came and took those stones and paved paths and streets with them. There were Rabbis who withdrew from these paths, and there were other Rabbis who did not withdraw from these paths.

Rabbi Yoḥanan said: The son of holy ones walks on them. Should we withdraw from them? The Gemara asks: Who is the person referred to as the son of holy ones? The Gemara answers: It is Rabbi Menaḥem, son of Rabbi Simai. And why did they call him the son of holy ones? They did so because Rabbi Menaḥem would not even gaze at the form on a coin, as it was sometimes an idolatrous symbol.

The Gemara asks: What is the reason of the one who withdraws from those paths? He holds in accordance with that which Rav Giddel says that Rav Ḥiyya bar Yosef says that Rav says: From where is it derived that with regard to an offering brought in idolatrous worship, there can never be any nullification of its prohibited status? This is derived from a verse, as it is stated: “They joined themselves to Baal of Peor, and ate the offerings to the dead” (Psalms 106:28). Just as the prohibited status of a corpse has no nullification, and it is forever prohibited to derive benefit from it, so too, the prohibited status of an offering brought in idolatrous worship has no nullification ever.

And the one who does not withdraw from those paths says: In order for idol worship to prohibit an offering I require the offering to be like those offerings sacrificed inside the Temple, and there is no parallel to this offering in the Temple service, as stones are not brought as offerings.

Rav Yosef bar Abba said: Rabba bar Yirmeya happened to come to our locale, and when he came he brought the following baraita with him: In the case of a gentile who brought stones from a pile dedicated to Mercury and paved paths and theaters with them,

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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