11/4/11

Talmud Bavli Hullin 131a-b - translation by Tzvee


C.            Here too [131a] [it must be that] they came into his possession unseparated [from the unconsecrated produce]. And this Tanna reasoned in accord with the view that, Gifts that were not [physically] separated are treated [as pertains to legal claims] as if they were separated [cf. I.4 E].

I.7
A.            Come and take note: Lo, if the royal administration seized a person’s grain in the granary, if it was on account of a debt that he owed, he has to tithe the grain [this is then a kind of sale], but if it was on the count of a missed installment payment, he is exempt from having to tithe [cf. b. Git. 44a].

B.            That case is different because he profits [from the transaction. His debt is paid. Hence he must separate tithe.]

I.8
A.            Come and take note: [If] he said, “Sell me the intestines of the cow [= the maw],” and the priests' dues were in them, he gives them to the priest, and does not deduct their value from [what he pays] him. [If] he purchased it from him by weight, he gives them to the priest, and he does deduct their value [from what he pays] him [M. Hul. 10:3 H-I]. Why is that? Let him be [covered by this rule]: “One who damages the priestly gifts, or one who ate them, [is free of liability to pay, I.3 A].”

B.            That case is different. For the items are still physically present.

I.9
A.            Come and take note: There are nine holdings of the priest: Heave-offering, and heave-offering of tithes, and dough-offering, and the first shearings, and the gifts, and demai, and first fruits, and the principal and the added fifth. Is it not that on this basis one may make a claim for them in court? No, it is on this basis that we have that which is taught on Tannaite authority in the Mishnah: Why have sages said, “The firstfruits are like the property of the priest [M. Bik. 2:1]?” Because [the priest] may use them to purchase slaves, real estate, or an unclean animal [M. M.S. 1:7], and a creditor may extract them in [payment for the priest's debt], and the [ex]-wife [of a priest may take them in payment of the alimony which is specified] in her marriage contract, just as [they may take] a Torah scroll [in payment][M. Bik. 3:12 A-E].

B.            A certain Levite used to grab priestly gifts for himself. They went and told Rab. He said to them, “It does not suffice that we do not take these from him. Now he goes out and grabs them for himself.”

C.            And [what is the view on this matter of] Rab? If they [i.e., Levites] are subsumed in the category of “People” [the verse is: “And this shall be the priests' due from the people, from those offering a sacrifice, whether it be ox or sheep: they shall give to the priest the shoulder and the two cheeks and the stomach” (Deut. 18:3)] we should surely take [the gifts] from them. And if they are not subsumed in the category “People” then the Torah has freed them from the liability [to give the gifts]. He was in doubt as to whether or not they are subsumed in the category “People.” [Since there is doubt as to the law, Rab freed them from liability.]

D.            R. Pappa sat [in session] and stated this tradition [concerning Rab's doubt on this matter]. R. Idi bar Abin raised an objection to R. Pappa [based on this text]: [There are] four gifts [that must be designated for the poor] from [the produce of] a vineyard: separated grapes, forgotten sheaves, peah, and defective clusters. [There are] three [gifts that must be designated for the poor] from [a field of] grain: gleanings, forgotten sheaves, and peah. [There are] two [gifts that must be designated for the poor] from [the fruit of] a tree: forgotten sheaves, and peah. None of these [gifts to the poor] may [be given to a specific poor person] as a favor. Even a poor Israelite — they take [any] produce [given to him as a favor] from his hand. Poorman's tithe that is distributed in the house may [be given to a specific poor person] as a favor. Even a poor Israelite — they take [any] produce [given to him as a favor] from his hand. But any other gifts, [that are designated for] the priesthood, such as the shoulder, the two cheeks, and the stomach of a sacrificial animal [that are given to the Levites as simple gifts], may [be given to a specific Levite or priest] as a favor. And the householder may give them to whichever priest he wishes. They may not take a priestly [gift] from a priest [to whom it has been given as a favor] to give it to another, nor a Levitical [gift] from a Levite [to whom it has been given as a favor] to give it to another [T. Peah 2:13]. [Before considering the objection to R. Pappa, the Talmud digresses to interpret the text, E-Q.]

E.            [There are] four gifts [that must be designated for the poor] from [the produce of] a vineyard: separated grapes, forgotten sheaves, peah, and defective clusters. As it is written, “And you shall not strip your vineyard bare, neither shall you gather the fallen grapes of your vineyard; [you shall leave them for the poor and for the sojourner: I am the Lord your God]” (Lev. 19:10). And it is written, “When you gather the grapes of your vineyard, you shall not glean it afterward; it shall be for the sojourner, the fatherless, and the widow” (Deut. 24:21).

F.             Said R. Levi, “`Afterward' — this refers to [the obligation in a vineyard to leave] forgotten sheaves.”

G.            [The basis in scripture for liability to] peah [in a vineyard] is derived from the common use of the word “afterward” [here in this verse and in the verse concerning] olives: “When you beat your olive trees, you shall not go over the boughs afterward [`hryk]; [it shall be for the sojourner, the fatherless, and the widow” (Deut. 24:20).

H.            And the House of R. Ishmael taught: “[`You shall not go over the boughs' teaches us] that you shall not take the majesty from it.” [This is a play on the Hebrew words tp`r, tp`rtw].

I.             [There are] three [gifts that must be designated for the poor] from [a field of] grain: gleanings, forgotten sheaves, [131b] and peah. As it is written, “And when you reap the harvest of your land, you shall not reap your field to its very border, nor shall you gather the gleanings after your harvest; [you shall leave them for the poor and for the stranger: I am the Lord your God]” (Lev. 23:22). And it is written, “When you reap your harvest in your field, and have forgotten a sheaf in the field, you shall not go back to get it; [it shall be for the sojourner, the fatherless, and the widow; that the Lord your God may bless you in all the work of your hands]” (Deut. 24:19).

J.             [There are] two [gifts that must be designated for the poor] from [the fruit of] a tree: forgotten sheaves, and peah. As it is written, “When you beat your olive trees, you shall not go over the boughs afterward [`hryk]; [it shall be for the sojourner, the fatherless, and the widow]” (Deut. 24:20).

K.            And the House of R. Ishmael taught: “[`You shall not go over the boughs' teaches us] that you shall not take the majesty from it.” [This is a play on the Hebrew words tp`r, tp`rtw].

L.            “Afterward” — this [teaches that the rule of] forgotten sheaves [applies here].

M.           None of these [gifts to the poor] may [be given to a specific poor person] as a favor. What is the basis for this rule? Because concerning these it is written in terms of leaving them [passively for the poor, not giving them actively to a specific person for some benefit].

N.            Even a poor Israelite — they take [any] produce [given to him as a favor] from his hand. As it is written, “Nor shall you gather the gleanings after your harvest; you shall leave them for the poor and for the stranger: [I am the Lord your God]” (Lev. 23:22). This informs the poor person concerning his own [produce he received as a favor that they may take it away].

O.            Poorman's tithe that is distributed in the house may [be given to a specific poor person] as a favor. What is the basis for this rule? Because concerning this it is written in terms of giving them [actively to the poor].

P.             Even a poor Israelite — they take [any] produce [given to him as a favor] from his hand. For said R. Ilai, “We derive this rule from the common use of the phrase `for the stranger [= sojourner, gr]' [in Lev. 23:22 and Deut. 26:12: “When you have finished paying all the tithe of your produce in the third year, which is the year of tithing, giving it to the Levite, the sojourner, the fatherless, and the widow, that they may eat within your towns and be filled” (Deut. 26:12)]. Just as we find there that the poor person is informed [of his obligations] concerning his own [produce], so too here, the poor person is informed [of his obligations] concerning his own produce.

Q.            But any other gifts, [that are designated for] the priesthood, such as the shoulder, the two cheeks, and the stomach of a sacrificial animal [that are given to the Levites as simple gifts, may be given to a specific Levite or priest as a favor. And the householder may give them to whichever priest he wishes.] They may not take a priestly [gift] from a priest [to whom it has been given as a favor] to give it to another, nor a Levitical [gift] from a Levite [to whom it has been given as a favor] to give it to another. Lo, [this implies that] they may take it from a Levite to give it to a priest. It seems [logical to conclude on this basis] that they are subsumed in the category “People” [in contradiction to the statement at C above].

R.            [We may respond to this objection by pointing out that the text states] such as the shoulder [meaning] not specifically the shoulder. And what is it [that the text refers to]? First tithes.

S.             [But do not] first tithes belong to the Levite [alone]? The present rule accords with the view of R. Eleazar b. Azariah.

T.            As it was taught on Tannaite authority: “Heave-offering goes to the priest and first tithe to the Levite,” the words of R. Aqiba. R. Eleazar b. Azariah says, “[First tithe goes] even to the priest.”

U.            Say what? For said R. Eleazar b. Azariah, “Even to the priest.” Did he say, “To the priest and not to the Levite”?

V.            Yes. After Ezra penalized them [for not returning from the exile].

W.           Say what? Ezra penalized them, so we do not give them [first tithes]. Does that imply that we may take [tithes] away from them? [Accordingly this interpretation must be rejected.]

X.            [Alternatively, we may respond to the objection at Q by pointing out that the text states] such as the shoulder [meaning] not specifically the shoulder. And what is it [that the text refers to]? The [gift of the] first fleece.

I.10
A.            Come and take note: This is the general rule: anything that is holy, such as heave-offering, and heave-offering of tithes, and dough-offering, they take [any] produce [given to him as a favor] from their hands. And anything that is not holy, such as the shoulder, the two cheeks, and the stomach of a sacrificial animal [that are given to the Levites as simple gifts, may be given to a specific Levite or priest as a favor. And the householder may give them to whichever priest he wishes.] They may not take it from their hands.

B.            [The text states] such as the shoulder [meaning] not specifically the shoulder. And what is it [that the text refers to]? First tithes. And this is after Ezra penalized [the Levites].

I.11
A.            Come and take note: He who slaughters for a priest or for a gentile — it is free [of requirement to give the priestly dues][M. 10:3 E]. Lo [this implies that if he slaughters] for a Levite or for an Israelite, he is liable. No, it does not make sense to maintain that if he slaughters for a Levite or for an Israelite, he is liable. Rather it makes sense to maintain that if he slaughters for an Israelite he is liable. But for a Levite, what is the rule? He is free [of the requirement].

B.            If this is the case, let it teach, He who slaughters for a Levite or for a gentile — it is free [of the requirement]. And furthermore, lo it was taught on Tannaite authority, He who slaughters for a priest or for a gentile — it is free [of requirement to give the priestly dues][M. 10:3 E]. Lo [this implies that if he slaughters] for a Levite or for an Israelite, he is liable. The question raised concerning the view of Rab is a decisive question.

C.            Rab can say to you [by way of response], “This [issue in dispute] is [analogous to] a dispute between Tannaite authorities.”

D.            As it was taught on Tannaite authority: “He shall make atonement for the sanctuary” (Lev. 16:33), this refers to the inner sanctum. “And he shall make atonement for the tent of meeting,” this refers to the sanctuary. “And for the altar,” this means what it says. “And he shall make atonement,” this refers to the courtyards. “For the priests,” this means what it says. “And for all the people of the assembly,” this refers to the Israelites. “And he shall make atonement,” this refers also to the Levites.

E.            And there is another Tannaite teaching: “And he shall make atonement,” this refers also to the slaves. Is it not the case that they dispute regarding this principle? One master reasons in accord with the view that they are subsumed under the category “People.” And the other master reasons in accord with the view that they are not subsumed under the category “People.”

F.             And [what is the view of] Rab? If he reasons in accord with one Tannaite authority, let him state the matter. And if he reasons in accord with the other Tannaite authority, let him state the matter. [It must be that] he was in doubt whether [to reason in accord with the view] of the one or of the other.

G.            Meremar expounded: The law follows in accord with the view of Rab [here] and the law follows in accord with the view of R. Hisda [above, I.5 F].

I.12
A.            Ulla used to give his gifts to a priest-girl [who was married to an Israelite]. Raba raised an objection to Ulla: The meal-offering of a priest-girl is eaten, the meal-offering of a priest is not eaten [M. Sotah 3:6 D]. And if you say that “priest” means even a priest-girl, lo is it not written, “And every meal-offering of a priest shall be wholly burned, it shall not be eaten” (Lev. 6:23)?

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