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Steinsaltz

The Gemara asks: If so, then ḥalla should be subject to the same rabbinic decree as well, to prevent someone from circumventing their obligation to separate ḥalla 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 ḥalla 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 ḥalla.

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 one’s 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.

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 ḥalla, the option of baking with less than the minimum quantity of flour to avoid being obligated to separate ḥalla 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.

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.

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.

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 doesn’t Rabbi Yehuda agree that the Sages issued a decree against filling of the marketplaces with grain that is prohibited in consumption at the time? Wasn’t he concerned that perhaps someone might come to eat from it?

And the Gemara raises a contradiction from a mishna (Pesaḥim 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.

Rabba says that the prohibition of new grain is different, for the following reason:

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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