Talmud su Deuteronomio 18:4
רֵאשִׁ֨ית דְּגָֽנְךָ֜ תִּֽירֹשְׁךָ֣ וְיִצְהָרֶ֗ךָ וְרֵאשִׁ֛ית גֵּ֥ז צֹאנְךָ֖ תִּתֶּן־לּֽוֹ׃
I primi frutti del tuo grano, del tuo vino e del tuo olio, e il primo del vello delle tue pecore, gli darai.
Jerusalem Talmud Maasrot
Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave18Produce collected from ownerless property is not subject to heave and tithes, as deduced later in this paragraph from Deut. 18:4. In general, if somebody gives heave and tithes from exempt produce, his action is invalid and no sanctity is attached to the heave given. Standing grain is not under any obligation of heave. The obligation of heave and tithes falls on the grain when it is stored after threshing but there is a latent obligation from the time it is cut since then it is potential commercial produce. Therefore, if heave was given from standing grain, that is an invalid act; if heave was given from cut ears of grain, this is against the rules but valid. If the exempt produce was cut while in the possession of its owner, a latent obligation is on it which can be activated by his giving heave and tithes “illegally”, i. e., against the rules.
In the Babli (Nedarim 44b, Baba Qama 28a,94a, Temurah 6a, Ḥulin 134b, Niddah 51a), a similar principle is established using the grape harvest as an example. The entire argument disregards the opinion of R. Yose [Peah6:1 (fol. 19b), Demay 3:2 (fol. 23b), Nedarim 4:10 (fol. 38d)] who rejects the concept of ownerless property and holds that the owner has full responsibility for his abandoned property until it is taken up and acquired by another person.. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop19As indicated below, a crop which is Temple property is exempt from heave and tithes, as well as from the gifts to the poor. Rav Ḥisda wants to extend this exemption to standing grain which was dedicated to the Temple and redeemed while standing. In that case, there certainly is no exemption from the gifts to the poor, Peah Mishnah 4:5.. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai20Terumot 1:5 (fol. 40d), Ḥallah1:3 (fol. 57c), Nedarim 4:10 (fol. 38d); as tannaïtic statement Sifry Deut. 109.: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated21By Rav Ḥisda. One continues to show that Rav Ḥisda’s statement is wrong. as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following22Mishnah Peah 4:5.: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first23The prior owner of dedicated property retains the right of first refusal when the Temple wants to sell the property (Sifra Beḥuqotay Pereq10)..
In the Babli (Nedarim 44b, Baba Qama 28a,94a, Temurah 6a, Ḥulin 134b, Niddah 51a), a similar principle is established using the grape harvest as an example. The entire argument disregards the opinion of R. Yose [Peah6:1 (fol. 19b), Demay 3:2 (fol. 23b), Nedarim 4:10 (fol. 38d)] who rejects the concept of ownerless property and holds that the owner has full responsibility for his abandoned property until it is taken up and acquired by another person.. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop19As indicated below, a crop which is Temple property is exempt from heave and tithes, as well as from the gifts to the poor. Rav Ḥisda wants to extend this exemption to standing grain which was dedicated to the Temple and redeemed while standing. In that case, there certainly is no exemption from the gifts to the poor, Peah Mishnah 4:5.. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai20Terumot 1:5 (fol. 40d), Ḥallah1:3 (fol. 57c), Nedarim 4:10 (fol. 38d); as tannaïtic statement Sifry Deut. 109.: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated21By Rav Ḥisda. One continues to show that Rav Ḥisda’s statement is wrong. as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following22Mishnah Peah 4:5.: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first23The prior owner of dedicated property retains the right of first refusal when the Temple wants to sell the property (Sifra Beḥuqotay Pereq10)..
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Jerusalem Talmud Nedarim
If somebody makes a vow to abstain from vegetables, would he be permited dried ones? Let us hear from the following: “He is forbidden fresh Egyptian beans and permitted dried ones.” He mentioned only Egyptian beans, a kind which has a threshing floor15I. e., Egyptian beans are separated from their hulls and stored in quantity. A contract for delivery of Egyptian beans requires delivery of dried ones. A vegetable is permitted in dry form only if that dry form is traded as a separate kind.. Therefore, anything which has no threshing floor is forbidden even if dried. 16Tosephta 4:3. If somebody makes a vow to abstain from bulbous plants17This translation follows S. Lieberman, Tosefta ki-f shutaḥ Nedarim, p. 455. he is forbidden green melon18Cf. Kilaim 1:2, Notes 38–39., squash, water melon, sweet melon18Cf. Kilaim 1:2, Notes 38–39. and all tree fruits. If somebody makes a vow to abstain from sheep meat, he is permitted lambs, pidgeon chicks19These have nothing to do with sheep; pigeons are only mentioned for inclusion in the next clause., and milk20Sheep’s milk.. But if he said, which grew this year, he is forbidden all of these. 21Tosephta 4:3, Babli Yoma 76b. If somebody makes a vow to abstain from cider, he is forbidden everything sweet and permitted wine. That is, following those who say that vows are interpreted in the vernacular22R. Joḥanan, Halakhah 6:1; everybody’s opinion in the Babli, Yoma 76b. It seems that in Mishnaic times, the sweetness of the cider was the determinig factor.. But following those who say, vows are interpreted in biblical Hebrew23R. Joshiah, Halakhah 6:1., the Torah used “cider” as an expression for wine; “your cider”24Deut. 12:17, 14:23, 18:4., that is wine.
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Avot D'Rabbi Natan
There is a story of a man who studied much Scripture and much Mishnah, and devotedly served the great Torah scholars – and yet he died in middle age. So his wife took his tefillin and went to the synagogues and study houses, and would scream and cry and say to them: My masters! It is written in your Torah (Deuteronomy 30:20), “For it is your life, and the length of your days.” But my husband studied so much Scripture, and so much Mishnah, and served the Torah scholars so devotedly – so why did he die in middle age? No one there had anything to say in response. Then one day, Elijah the prophet visited her and said: My daughter, why are you screaming and crying? She said to him: Master, my husband studied so much Scripture, and so much Mishnah, and devotedly served the Torah scholars – and yet he died in middle age. He said to her: When you were in your period [of impurity], did he come near you during the first (three) days? She said to him, “God forbid! He never touched me with even his little finger. And he would say to me, Do not even touch the dishes, lest they bring (me) to doubt [whether or not I am impure]. [Elijah continued:] And during the latter days, did he come near you? She said to him: Master, I ate with and drank with him, and slept with him in the same bed fully clothed, and yes, his flesh would touch my flesh – but we never had any intention of doing anything else. He said to her: Blessed is the Omnipresent God who killed him! For so it is written in the Torah (Leviticus 18:19), “Do not come near a woman during her period of impurity.”
It says (Leviticus 18:6), “None of you shall come near any of his own flesh.” Because of this, they said: A man should not be alone with (any) women in an inn, even with his sister or his daughter, because of what people will think. He should not chat with a woman in the marketplace, even with his own wife, let alone with another woman, because of what people will claim. A man should not follow a woman in the marketplace, not even his own wife, let alone another woman, because of what people will claim. It says here, “None of you shall come near,” and then it says further on [in the verse], “Do not come near.” Do not come near something that causes you to sin. Stay away from ugliness, and even something similar to ugliness. (Therefore) the sages said: Stay away from a minor sin, for it may bring you to a major sin. And run to [perform] a minor mitzvah (commandment), for it will bring you to [perform] a major mitzvah.
It says (Song of Songs 7:3), “Your belly is like a heap of wheat, surrounded by a hedge of lilies.” “Your belly is [like] a heap of wheat” – that refers to the congregation of Israel. “Surrounded by a hedge of lilies” – that refers to the seventy elders.
Another interpretation: “Your belly is a heap of wheat” – these are the minor, easy commandments. “Surrounded by a hedge of lilies” – when Israel performs mitzvot [commandments], they are taken into the life of the World to Come. How does this happen? When one’s wife is in her period [of impurity], and she is with him in his house, he wants to sleep with her – he wants to, but he does not. Will anyone see him, or will anyone know, or say anything to him? He is only afraid of the one who checks the immersion [at the mikveh]. You could say the same about [taking] challa [for the priests], and you could say that same about [giving] the first shearing [of wool to the priests]. These are minor, easy commandments – like lilies – but when Israel performs them, they are taken into the life of the World to Come.
It says (Leviticus 18:6), “None of you shall come near any of his own flesh.” Because of this, they said: A man should not be alone with (any) women in an inn, even with his sister or his daughter, because of what people will think. He should not chat with a woman in the marketplace, even with his own wife, let alone with another woman, because of what people will claim. A man should not follow a woman in the marketplace, not even his own wife, let alone another woman, because of what people will claim. It says here, “None of you shall come near,” and then it says further on [in the verse], “Do not come near.” Do not come near something that causes you to sin. Stay away from ugliness, and even something similar to ugliness. (Therefore) the sages said: Stay away from a minor sin, for it may bring you to a major sin. And run to [perform] a minor mitzvah (commandment), for it will bring you to [perform] a major mitzvah.
It says (Song of Songs 7:3), “Your belly is like a heap of wheat, surrounded by a hedge of lilies.” “Your belly is [like] a heap of wheat” – that refers to the congregation of Israel. “Surrounded by a hedge of lilies” – that refers to the seventy elders.
Another interpretation: “Your belly is a heap of wheat” – these are the minor, easy commandments. “Surrounded by a hedge of lilies” – when Israel performs mitzvot [commandments], they are taken into the life of the World to Come. How does this happen? When one’s wife is in her period [of impurity], and she is with him in his house, he wants to sleep with her – he wants to, but he does not. Will anyone see him, or will anyone know, or say anything to him? He is only afraid of the one who checks the immersion [at the mikveh]. You could say the same about [taking] challa [for the priests], and you could say that same about [giving] the first shearing [of wool to the priests]. These are minor, easy commandments – like lilies – but when Israel performs them, they are taken into the life of the World to Come.
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