Talmud zu Schemot 22:30

¹⁶The text from here to Note 64 also is in Orlah 3:1, Notes 10–44, ע. It seems that the origin of the text is in Pesaḥim since only here the verses are quoted in full and an important sentence is missing in ע. In the Babli, the parallel is 21b–23a. Rebbi Abbahu in the name of Rebbi Eleazar¹⁷In the printed editions of the Babli, R. Eleazar is not mentioned, but his name appears in the Munich ms.: Everywhere it is written do not eat, do not eat¹⁸Plural., it shall not be eaten, you understand a prohibition of usufruct included in the prohibition of eating unless the verse is explicit and explains to you as it did explain about limbs of a living animal and a carcass. What did it explain about limbs of a living animal? Flesh torn in the field you shall not eat; throw it to the dog¹⁹Ex. 22:30. Why is it necessary to permit torn limbs as dog food? R. Eleazar argues that this shows that without such permission the limb would be forbidden for all usufruct.. And what did it explain about a carcass? Do not eat any carcass; to the sojourner in your gates you shall give it and he may eat it, or sell to the stranger.²⁰Deut. 14:21. Ḥizqiah stated a disagreement²¹In the Babli 21b, Ḥizqiah accepts the statement of R. Eleazar only for the passive formulation; later (Note 48) this is clarified to be the position of Ḥizqiah and R. Joḥanan in a second version. In this first version, Ḥizqiah must hold that an inference from a verse is only valid if there is no second verse leading to the same result. The theoretical basis is the recognition that the legal texts in the Torah are incomplete and sometimes contradictory as a system. In addition, it is held that words do not change their meaning in legal contexts. Therefore, a mechanism of translation of the Torah text into a coherent and reasonably complete system must exist. The rule quoted by Ḥizqiah is one of the translation rules; cf. H. Guggenheimer, Logical Problems in Jewish Tradition, in: Ph. Longworth (ed.), Confrontations with Judaism (London 1966) pp. 171–196.
Since here the mention of the torn limb and the carcass both lead to the same argument, either one of them would be superfluous and, therefore, both must be needed for other inferences. The argument of R. Eleazar is refuted.. What does one forbid to the dog²²The dog is not a human and is not obliged by any rules.?

Warning⁴¹An infraction of a biblical law is prosecutable only if the prohibition is mentioned at least twice in the text, once as “warning” to spell out the prohibition and once to specify the punishment for infraction. If no punishment is specified, whipping is intended; nevertheless, the second mention is necessary. Cf. Yebamot 11:1, Note 47. for one who eats carcass meat, from where? “You shall not eat any carcass meat.⁴²Deut. 14:21.” That covers carcass meat; from a “torn”⁴³Ṭerephah is a technical term, originally meaning an animal which cannot survive an attack by a predator. The meaning has been extended to include all animals who cannot survive for any length of time, including dangerously sick animals and those born with severe birth defects. (As a practical matter, slaughtered animals have to be inspected for signs of tuberculosis, which would prohibit the meat for human consumption.) animal from where? Rebbi Joḥanan said, “carcass meat” and “any carcass meat”, to include the “torn” animal⁴⁴The verse must forbid more than carcass meat, otherwise the mention of “all” was superfluous. The argument is reported as tannaitic in Sifry Deut. 104.. If somebody eats flesh from a living animal which is “torn”, Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, he is guilty twice, Rebbi Simeon ben Laqish said, he is guilty only once. What is the reason of Rebbi Joḥanan? “You shall not eat any carcass meat⁴²Deut. 14:21.;” “you shall not eat of life with the flesh^45,Deut. 12:23. It is forbidden to eat limbs torn from a living animal. (In rabbinic interpretation, this is the prohibition imposed on all mankind by Gen. 9:4: "But meat in whose blood is life you shall not eat", meat taken when life is still carried by the blood.)⁴⁶The argument is that in one act one may transgress two prohibitions referring to two distinct verses as warnings and, therefore, be subject to distinct punishments. In the Babli, Hulin 102b/103a, the difference between the interpretations of R. Johanan and R. Simeon ben Laqish boils down to the question whether "flesh from a living animal" and "limbs from a living animal " are different prohibitions following distinct rules. (For the problems raised by the competition of laws, cf. Terumot 7:1, Notes 6 ff.).” What is the reason of Rebbi Simeon ben Laqish? The colleagues said before Rebbi Yose: The assertion of Rebbi Simeon ben Laqish parallels what Rebbi Eliezer ben Jacob stated: “ ‘Flesh torn on the field you shall not eat’⁴⁷Ex. 22:30. In this interpretation, the verse forbids flesh or limbs torn from an animal (and also supports R. Joḥanan’s interpretation of Deut. 14:21.) A similar formulation, also in the name of R. Eliezer ben Jacob, is in Mekhilta dR. Simeon ben Ioḥai, p. 214., you shall not tear from an animal and eat in the way you tear from the ground⁴⁸Vegetables. and eat.” What is the reason of Rebbi Simeon ben Laqish? The colleagues before Rebbi Yose: Rebbi Simeon ben Laqish does not hold with Rebbi Joḥanan about the “torn” animal; if he did hold with him, one should be twice guilty. He said to them, even if he held with him, one should be guilty only once. There is a difference, because He repeated it and combined it⁴⁹It is impossible to say that Ex. 22:30 does not contain a prohibition of meat from “torn” animals, since this is the obvious meaning of the text. But since following R. Eliezer ben Jacob, the verse also prohibits flesh torn from living animals, there is no separate “warning” for eating meat from “torn” animals. The offender can be prosecuted either on basis of Deut. 14:21 or of Ex. 22:30, but not of both together. (Since in the desert, consumption of any non-sacrificial meat of domesticated animals was forbidden, Lev. 17:4, the mention of carcass meat would have been out of place in Ex. 22.). They objected: “Suet you shall not eat,⁵⁰Lev. 7:24.” “and blood you shall not eat,⁵¹Lev. 7:26.” and it is written: “Any suet and any blood you shall not eat.⁵²Lev. 3:17.” Then because He repeated it and combined it, one should be guilty only once! He said to them, if it were written “suet and blood”, you would be correct. But it is written “any suet and any blood,” to declare him guilty for each case separately. But it is not written: “Anything soaked with grapes he shall not drink⁵³Num. 6:3.,” and it is written, “from skins to seeds he shall not eat⁵⁴Num. 6:4..” Then because He repeated it and combined it, one should be guilty only once!⁵⁵But Mishnah 6:2 will state that the nazir can be punished separately for each item on the list. He said to them, if it were written “skins and seeds”, you would be correct. But it is written “skins unto⁵⁶A redundant word, not really required by the context. seeds,” to declare him guilty for each case separately.

The rabbis of Caesarea, Rabbi Abbahu in the name of Rebbi Joḥanan: Nowhere do you understand a prohibition of usufruct included in the prohibition of eating if it is written do not eat, do not eat. It may not be eaten (f.). it may not be eaten (m.), you understand a prohibition of usufruct included in the prohibition of eating⁴⁶In contrast to the statement of R. Eleazar (Note 17) it is asserted that if the prohibition of food is in the active voice it does not imply prohibition of usufruct. Still the passive voice does imply prohibition of usufruct.. The paradigm for all cases is⁴⁷Lev. 6:23.: Any purification offering of whose blood was brought into the Tent of Meeting to purify the sanctuary shall not be eaten, in fire it shall be burned⁴⁸It is shown that the passive voice implies prohibition of usufruct, since it is the only such case where the inference is valid according to everybody. The verse is understood (Sifra Ṣaw Pereq 8(5), quoted in Babli Zebaḥim 82a, Yerushalmi Pesaḥim7:9, fol. 35a] following a punctuation which differs from the masoretic one: Any purification offering, some of whose blood was brought into the Tent of Meeting to purify, in the Sanctuary it shall not be eaten, in fire it shall be burned. This is a possible reading since purification offerings may be eaten only in the Sanctuary. Then “Sanctuary” is taken also to refer to the last clause, (in the sanctuary) in fire it shall be burned. This excludes all sacred and profane usufruct after purification.. Ḥizqiah stated support for Rebbi Joḥanan: If one understands what has been said⁴⁹Lev. 7:23.: Any fat of cattle, sheep, or goats you shall not eat, why has it been said: but fat of a carcass and fat of a torn animal may be used for any work? Even for the work of Heaven²⁴Lev. 7:23. In the opinion of the Babli 23a, the verse is needed to permit any use of profane fat since otherwise one would argue that since fat is forbidden for humans but required for the altar, fat of animals unfit for the altar should be permitted for use in the Temple but forbidden for profane use. In the Sifra Ṣaw (Parasha 10), the argument of the Babli is attributed to R. Yose the Galilean; R. Aqiba concludes that fat of domesticated animals is not food nor subject to the impurity of food.
In the opinion of the Yerushalmi, since some fat is permitted for unrestricted use, no fat can be forbidden for usufruct in the absence of an explicit verse. For Ḥizqiah, this is a third verse that could be used for R. Eleazar’s argument; nobody will contest that three parallel verses invalidate the argument. In the second version of Ḥizqiah’s position (below, after Note 49), he needs the verse to permit use of fat for work on Temple property.. If one understands what has been said⁵⁰Deut. 12:16.: But the blood you shall not eat, why has it been said,you shall pour it on the ground like water? As water prepares⁵¹Preparation for impurity is explained in Demay 2:3, Notes 136–141., so blood prepares. If one understands what has been said⁵²Deut. 14:21.: Do not eat any carcass; why has it been said, to the sojourner in your gates you shall give it and he may eat it? It serves to tell you that the resident sojourner may eat carcass meat⁵³The resident sojourner, in order to receive the full protection of the law, only has to follow the “precepts of the descendants of Noe”, to abstain from idolatry, murder, incest and adultery, eating limbs tom from a living animal, blasphemy, robbery, and anarchy.. If one understands what has been said⁵⁴Ex. 22:30.: Flesh torn in the field you shall not eat, why does the verse say, throw it to the dog? This you throw to the dog but you do not throw profane meat slaughtered in the Temple precinct⁵⁵In the Babli 22a this is quoted as the opinion of R. Meïr. It is forbidden to slaughter anything but sacrifices in the Temple precinct, Lev.17:4..

MISHNAH: An impure person who ate holy food¹²Lev. 7:20,21; transgressions punishable by extirpation., or who came into the Temple when impure¹³Num. 19:13.. One who eats fat¹⁴Lev. 7:25., or blood¹⁵Lev. 7:27., or leftover, or piggul¹⁶Lev. 19:8., or impure¹⁷“Leftover” refers to meat from acceptable sacrifices which was not eaten during the statutory time limit. Piggul is a sacrifice which was offered with the idea in mind (of the offerer or the officiating priest) that it should be eaten out of its allotted time (or place); Lev. 7:18,19:8. The root of piggul probably is فجل “to be soft”. [sacrificial meat]. One who sacrifices outside¹⁹Lev. 17:4., or one who eats leavened matter on Passover²⁰Ex. 12:19.. One who eats or does work on the Day of Atonement²¹Lev. 23:29–30., and one who compounds the oil²²Ex. 30:33. The anointing oil in the proportions spelled out there., or compounds the incense²³For profane purposes, Ex. 30:38. Incense had to be compounded fresh every year., and who rubs with the anointing oil²²Ex. 30:33. The anointing oil in the proportions spelled out there., and one who eats carcass²⁴Deut. 14:21, a simple prohibition. or torn meat²⁵Ex. 22:30, a simple prohibition., abominations and crawling things²⁶Lev. 11:11,44.. If one ate ṭevel²⁷Fully harvested produce of which the priests’ heave was not taken; Lev. 22:10. or first tithe from which heave was not taken²⁸The obligation is Num. 18:28, the penalty Num. 18:32., or second tithe²⁹Outside the place of the Sanctuary it needs redemption, Deut. 14:24. or dedicated food³⁰Donated to the Temple to be sold for its value, not dedicated to the altar; Lev. 27:11. which was not redeemed. How much does he have to eat from ṭevel to be liable? Rebbi Simeon says, anything; but the Sages say, the volume of an olive. Rebbi Simeon told them, do you not agree that one who eats (carcass meat) [an ant]³¹In editio princeps and ms., נבילה “carcass meat”. In all other sources נמלה “ant”. The latter reading is the only one which makes sense since it both is forbidden (Lev. 11:42) and much less than the size of an olive. is liable? They told him, because it is a creature. He answered them, also a grain of wheat³²Given as heave (biblically restricted to grain, wine, and olive oil). is a creature.

¹⁸⁰Terumot8:5 Notes 102–103. Although in the first part the Terumot text appears as the original, from here on the order of texts makes more sense. The only connection the present paragraph has with the others is the mention of the Day of Atonement (missing in Terumot) which was introduced in the preceding one (and continues in the next one with the original theme.) It happened that a butcher in Sepphoris sold Jews carcasses and torn meats. Once on the eve of the day of Atonement before nightfall he drank a great deal of wine and became drunk. He went to the roof, fell down, and died. The dogs started to lick his blood; people came to ask Rebbi Ḥanina how to remove him from before them. He told them, it is written¹⁸¹Ex.22:30., holy people you shall be to Me; torn meat on the fields you shall not eat, you must throw it to the dogs. This one robbed the dogs and fed the Jews carcasses and torn meat. Let them alone, they are eating from their own.

It happened that a butcher in Sepphoris sold to Jews carcasses and torn meats. Once he drank wine Friday night, went to the roof¹⁰²In the dark. In Avodah Zarah: He got drunk on Yom Kippur Eve., fell down, and died. The dogs were licking his blood. People came and asked Rebbi Ḥanina, should we lift him from before them¹⁰³Presumably he was lying in the street where the removal of a corpse on the Sabbath needs detailed rabbinic instruction on how to proceed without a violation of the Sabbath laws. Inside the courtyard it would not have been necessary to ask.? He said to them, it is written (Ex. 22:30): “Torn meat on the fields you shall not eat, you must throw it to the dogs!” This one robbed the dogs and fed it to Jews. He said to them, let them, they are eating from their own!