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Steinsaltz

Abaye said to Rav Dimi: But doesn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan says: When you consider their opinions, Rabbi Meir and Rabbi Yosei do not disagree with one another, i.e., neither holds that one attends only to the first statement?

Rav Dimi objected: And is it so that they do not disagree? But don’t they disagree explicitly in the mishna cited earlier? Abaye said to him: They disagree where they disagree, i.e., that specific case, but they do not disagree where they do not disagree, i.e., the underlying principle. Accordingly, one must understand the basis of their dispute in another manner.

This is as Rav Yitzḥak bar Yosef says that Rabbi Yoḥanan says: All, i.e., Rabbi Meir and Rabbi Yosei, concede that in a case where one says: Let this sanctity of a burnt offering take effect and afterward let that sanctity of a peace offering take effect, everyone agrees that the sanctity of a peace offering does not take effect, because the sanctity of the burnt offering took effect first. Likewise, if one said: This sanctity shall not take effect unless that sanctity applies, everyone agrees that the sanctity of a peace offering takes effect as well.

They disagree with regard to a case where one says: This animal is hereby a substitute for a burnt offering, a substitute for a peace offering. Rabbi Meir holds: Since if he wanted both sanctities to take effect, he should have said: A substitute for a burnt offering and a peace offering, but he said instead: A substitute for a burnt offering, a substitute for a peace offering, learn from his language that he originally intended for it to be a burnt offering, and he then retracted his first intention.

And Rabbi Yosei holds that if he had said: A substitute for a burnt offering and a peace offering, I would say that he means that half the animal should be a substitute for a burnt offering and half a substitute for a peace offering. He therefore says: A substitute for a burnt offering, a substitute for a peace offering; that is to say that all of it is a burnt offering and all of it is a peace offering. In any event, according to this explanation, Rabbi Meir does not necessarily hold that one attends only to the first statement.

Rav Dimi said to Abaye: He, Rabba bar bar Ḥana, says that they do not disagree, but I say that they disagree, and Rabbi Meir holds that one attends only to the first statement, in accordance with the opinion of Rabbi Yehuda in the mishna.

§ The Gemara returns to discuss the mishna itself: Ulla said, and some say it was Rav Oshaya who said: Perhaps our colleagues, the Babylonians, know whether we learn the language of the improper intention in the mishna as: I hereby slaughter the animal with intent to consume an olive-bulk beyond its designated time, an olive-bulk outside its designated area, or we learn: An olive-bulk beyond its designated time and an olive-bulk outside its designated area?

The Gemara elaborates: Perhaps we learn: An olive-bulk, an olive-bulk, and it is only in this case that Rabbi Yehuda disagrees with the Rabbis. But if one said: An olive-bulk and an olive-bulk, everyone agrees that it constitutes a combination of intentions, and the animal is not rendered piggul. Or perhaps we learn: An olive-bulk and an olive-bulk, where according to Rabbi Yehuda each term constitutes a separate term despite the use of the conjunction: And, and he holds that one attends only to the first statement, and all the more so if one said: An olive-bulk, an olive-bulk.

The Gemara suggests: Come and hear a proof from that dilemma which Levi raised before Rabbi Yehuda HaNasi: If one had intent to consume an olive-bulk the next day outside its designated area, what is the halakha? Rabbi Yehuda HaNasi said to him: This is an excellent question. The answer is that even Rabbi Yehuda concedes that this constitutes a combination of intentions and that the animal is not rendered piggul.

Rabbi Shimon, son of Rabbi Yehuda HaNasi, said before him: How is this an excellent question; is it not our mishna? As we learned in the mishna: If one expressed intent to eat an olive-bulk outside its designated area and an olive-bulk the next day, or an olive-bulk the next day and an olive-bulk outside its designated area, or half an olive-bulk outside its designated area and half an olive-bulk the next day, or half an olive-bulk the next day and half an olive-bulk outside its designated area, the offering is disqualified and there is no liability for karet for burning or partaking of it. Rabbi Yehuda disagrees only with regard to these cases; but in another case, it could easily be inferred that he concedes that it constitutes a combination of intentions.

Rabbi Yehuda HaNasi said to him: Levi asked me a matter of wisdom, and you say our mishna. For you, whom I taught two phrasings of the mishna, both: An olive-bulk, an olive-bulk, and: An olive-bulk and an olive-bulk, the question is not difficult, since my omission of this other case allows you to infer its halakha.

For him, whom I taught only one phrasing, and who heard the Rabbis reciting two, the question is excellent, since Levi thought: Perhaps my phrasing is exact, and their additional phrasing constitutes a combination of intentions according to all opinions. Or perhaps their phrasing is exact, and my phrasing omitted this case. And if my phrasing omitted this case, perhaps their phrasing also omitted that other case, even though it is subject to disagreement.

The Gemara asks: And which phrasing did Rabbi Yehuda HaNasi teach Levi? If we say that he taught him: An olive-bulk and an olive-bulk, i.e., that Rabbi Yehuda still holds the terms to be distinct despite the conjunction, this is not an omission, since one can infer a fortiori that the same applies to: An olive-bulk, an olive-bulk. Rather, it must be that he taught him: An olive-bulk, an olive-bulk, so that it was unclear to Levi what the halakha would be if one used the conjunction: And.

The Gemara asks: If so, why did Levi raise the dilemma with regard to the phrasing: The next day outside? Let him raise the dilemma with regard to the phrasing: An olive-bulk and an olive-bulk.

The Gemara responds: Levi thought: I will raise one dilemma before him so as to learn two halakhot. As, if I ask only with regard to: An olive-bulk and an olive-bulk, it will work out well if he says to me that Rabbi Yehuda concedes that they constitute one general term, as this would apply all the more so if one said: An olive-bulk the next day outside, which is even more unified. But if he says to me that each term constitutes a separate term according to Rabbi Yehuda, then I will still need to raise the dilemma with regard to the case of: An olive-bulk the next day outside. I will therefore inquire with regard to the latter case.

The Gemara challenges: If so, now too, it works out well if he says to him that Rabbi Yehuda maintains that the wording: An olive-bulk the next day outside, is constituted of separate terms, as this would apply all the more so if one said: An olive-bulk and an olive-bulk, which is less unified. But if he says to him that it is one general term according to Rabbi Yehuda, then he will still need to raise the dilemma with regard to the case of: An olive-bulk and an olive-bulk.

The Gemara responds: If Rabbi Yehuda HaNasi answered in this manner, i.e., that Rabbi Yehuda concedes that: An olive-bulk the next day outside, is considered one term, he would unwittingly provide the answer to the other question as well. As, if Rabbi Yehuda had also conceded with regard to: An olive-bulk and an olive-bulk, Rabbi Yehuda HaNasi would become angry with Levi for asking the wrong question and say:

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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