Powtórzonego Prawa 23:4 Odniesienia do Talmudu: Jerusalem Talmud Demai, Jerusalem Talmud Yevamot & Berakhot

Rebbi Lazar said, they stated the Mishnah only for him who buys from a Gentile, but for him who buys from a Jew it is demay^10aThis is the text in all Yerushalmi manuscripts but it cannot be correct. Since the Mishnah speaks of demay, if the text is allowed to stand there would be no difference between R. Eleazar and R. Joḥanan. So either R. Eleazar must say that produce of a Gentile is certain and only that of a Jew is demay (following R. Meïr who declares that a Gentile cannot acquire arable land in the Land of Israel to exempt it from heave and tithes) or that the produce of the Jew is certain and that of the Gentile is demay. The second version is impossible since only a Jew will be expected to give heave and tithes but not a Gentile. In light of the following it is also impossible to assume that the Gentile is only the seller, not the producer. So only the first possibility remains. (Since practice follows R. Joḥanan, as indicated in the next paragraph, the problem is not mentioned in Maimonides and we do not know his reading.). Rebbi Joḥanan said, there is no difference, whether one buys from a Jew or from a Gentile it is demay. Rebbi Eleazar holds that most of the Land of Israel is in the hands of the Gentiles¹¹Any produce is assumed to be untithed except if it is known to come from a Jewish producer.. Rebbi Joḥanan holds that most of the Land of Israel is in the hands of Jews. But even if Rebbi Eleazar agrees with Rebbi Joḥanan that most of the Land of Israel is in the hands of Jews, Rebbi Eleazar is anxious about a minority. Like that fortification¹²Palisades, Greek χάραξ (cf. Berakhot p. 663). In the Babli it appears as כרך. The garrison in the palisades is Gentile and lives off the annona, a tax to be paid in agricultural products. They will sell their surplus; if all surroundings are Jewish, one buys their surplus as if it were Jewish produce, but not if some of the farmers sending their annona to the garrison are Gentiles. Then a testimony that one day the supply came from a Gentile source makes all their surplus subject to all tithes for him who holds that produce grown by a Gentile in the Land is subject to heave and tithes., if for one day it got supplies from a forbidden source, that day will become proof for all days. Rebbi Yose asked: If that is so, a prospective proselyte who comes to convert should not be accepted¹³He can be accepted but would be prohibited from marrying a Jewish woman, Deut. 23:4. Since practice rules this out, according to Mishnah Yadaim 4:4, every male proselyte is permitted to marry a Jewish woman and the alternative reason given for R. Eleazar is unacceptable.; I say he is from Ammon and Moab, and one proselyte would become proof for all proselytes. Hence, Rebbi Eleazar must hold that most of the Land of Israel is in the hands of Gentiles and Rebbi Joḥanan must hold that most of the Land of Israel is in the hands of Jews.

MISHNAH: Ammonites and Moabites are eternally forbidden but their females are immediately permitted. Egyptians and Edomites are forbidden only for three generations, both males and females. Rebbi Simeon said, is it not an argument de minore ad majus? If He permitted the females immediately in a case where the males are eternally forbidden, should we not permit the females in a case where He forbade the males only for three generations? They said to him: If it is practice¹⁶⁵What in the Babli usually is called “practice going back to Moses on Mount Sinai”, meaning accepted practice whose origin lies so far back that its originator can no longer be ascertained. The Mishnah speaks only of Jews., we shall accept this; if it is a logical argument, there is a counter-argument. He said to them, in fact, I am declaring practice. Bastards and Gibeonites are eternally forbidden, both males and females.

HALAKHAH: “Ammonites and Moabites are forbidden,” etc. “Ammonite¹⁶⁶Deut.23:4.,” but not female Ammonite. “Moabite¹⁶⁶Deut.23:4.,” but not female Moabite. Similarly, “Edomite¹⁶⁷Deut. 23:8.” but not female Edomite, “Egyptian¹⁶⁷Deut. 23:8.” but not female Egyptian? It is written: “Because they did not receive you with bread and water¹⁶⁸Deut. 23:5, the reason for the exclusion of Ammonites and Moabites, even if converted.,” should the women have received? “Who hired against you¹⁶⁹Micah 6:5, speaking of Bileam being hired to curse the Israelites. The argument is slightly extended in Sifry Deut. #249, 250.,” “who took counsel,” who usually hires? Males but not females. Who usually sits in counsel? Males but not females.