וְכִֽי־יִרְבֶּ֨ה מִמְּךָ֜ הַדֶּ֗רֶךְ כִּ֣י לֹ֣א תוּכַ֘ל שְׂאֵתוֹ֒ כִּֽי־יִרְחַ֤ק מִמְּךָ֙ הַמָּק֔וֹם אֲשֶׁ֤ר יִבְחַר֙ יְהוָ֣ה אֱלֹהֶ֔יךָ לָשׂ֥וּם שְׁמ֖וֹ שָׁ֑ם כִּ֥י יְבָרֶכְךָ֖ יְהוָ֥ה אֱלֹהֶֽיךָ׃
И если путь для тебя будет слишком длинным, чтобы ты не мог нести его, потому что место слишком далеко от тебя, которое изберет Господь, Бог твой, чтобы поставить там имя Своё, когда Господь, Бог твой, благословит тебя ;
Jerusalem Talmud Maaser Sheni
HALAKHAH: “One does not sell Second Tithe.” One does not sell it because holiness is written for it3Lev. 27:30.. One does not use it as a pledge because blessing is written about it4Deut. 14:24. Taking a loan and giving a pledge is not a sign of blessing.. “5A similar text in Tosephta 1:1: “How may one not sell it? One should not say, here is 200 [zuz] worth, give me 100 in exchange.” If Second Tithe were sold, it would not be redeemed and the buyer would have to eat the produce in purity and sanctity in Jerusalem (assuming the existence of the Temple.) How may one not sell it? A person should not say to his neighbor, here you have this mina’s worth of Second Tithe, give me 50 zuz profane for it.”
Jerusalem Talmud Maaser Sheni
Who is the Tanna of “one does not sell it”? Rebbi Meїr6R. Meїr considers Second Tithe as property of Heaven given to the farmer for consumption in holiness. For R. Jehudah, Second Tithe is private property. Their disagreement is in Mishnah Qiddušin 2:8, cf. Demay Chapter 1, Notes 185–186.! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell heave7As mentioned many times in Mishnah Terumot; e. g. Mishnah 4:1. which is forbidden to lay people, since Second Tithe is permitted to lay people, one should certainly be permitted to sell it. No, if you assert this for heave which does not need an enclosure, what can you imply for Second Tithe which needs an enclosure8Deut. 14:24 requires that Second Tithe be consumed “at the place chosen by the Eternal, your God.” This place must be designated somehow. We have no record that the sanctuary at Shilo was within walls, but some enclosure must have defined the sacred space. It is accepted that the ancient walls of Jerusalem defined the sacred space for Second Tithe. In contrast, heave may be consumed by the priests anywhere in the Land.? First Fruits shall prove it which need an enclosure9Since they have to be brought to the Temple. The operative enclosure here is the courtyard of the Tabernacle or the outer wall of the Temple. The receiving priest is permitted to sell to another priest. and one may sell them! No, if you assert this for First Fruits which do not implicate their monetary substitute10The money is profane., what can you imply for Second Heave which implicates its monetary substitute11The money must be taken to Jerusalem as Second Tithe, Deut. 14:24. The argument could have been formulated: The sale of First Fruits is a sale, the sale of Second Tithe is a redemption.! The Sabbatical shall prove it which implicates its monetary substitute12Mishnah Ševi‘it 8:8. and it is permitted to sell it! Rebbi Yudan said, from this? The sale of Sabbatical produce is its redemption13The sale of Sabbatical produce, as authorized in Mishnah Ševi‘it Chapter 8, cannot be characterized as a sale but is a redemption which does not impinge on the holiness of the produce which remains Sabbatical. But exchanged Second Tithe is totally profane. Therefore, there is no proof that R. Jehudah would permit the sale of unexchanged Second Tithe..
Jerusalem Talmud Yevamot
A slave may be a permanent sojourner41A slave may refuse to be circumcised and stay in the Jewish household as a “sojourner”, a Gentile who has accepted the seven Noahide commandments (prohibition of idolatry, murder, adultery and incest with direct descendents; eating flesh torn from living beings, blasphemy; prohibition of robbery, duty to live under the rule of a civil law). As such he is under the protection of the often repeated commandment to treat the sojourner well and he can be tolerated in a Jewish household since his touch does not make wine prohibited (Babli Avodah zarah 64b).
In the Babli, 48b, this is the position taken by R. Ismael; R. Aqiba (48b) and R. Eliezer (71a) prohibit keeping uncircumcised slaves.. A sojourner is like a Gentile in every respect42This is not meant to be a generally valid statement; the idolator is not protected by the Covenant of the sojourner. What is meant is a rather technical detail. It is stated repeatedly in the Torah, e. g. Deut. 13:18, that statues and other idolatrous objects are prohibited for any use by a Jew. Therefore, valuables of an idolatrous character may only be used by Jews (for example, melted down for their precious metal content) if they come into the hand of a Jew already profaned, i. e., if a non-Jew has treated them contemptuously, preferably damaging them. The Yerushalmi holds that the sojourner still has the power of a Gentile to render profane objects of idolatry even though he is a monotheist, and make them available for a Jew to use. The Babli, Avodah zarah 64b/65a, explains away all the reasons quoted in this paragraph and decides that only an idolator can effectively render idols profane.. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects43This statement, that the status of sojourner is only temporary and should lead to full conversion is not found anywhere else.. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat44In the Babli, Avodah zarah 64b, the opinion of “others” is that the sojourner has to accept all commandments in the Torah except those of kosher food.. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it45Deut. 14:21: “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it, or sell it to a stranger.” This seems to imply that cadaver meat must be donated to the sojourner or sold to the Gentile. Whether it may be sold to the sojourner or donated to the Gentile is a matter of controversy in the Babli (Pesaḥim 21b, Avodah zarah 20a) and Sifry Deut # 104. R. Hila wants to decide following the majority that a sale to the sojourner is permitted..” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah44In the Babli, Avodah zarah 64b, the opinion of “others” is that the sojourner has to accept all commandments in the Torah except those of kosher food.. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry46In the Babli Avodah zarah 64b, this is the opinion of R. Meïr. The operative majority opinion there, that he has to accept all seven Noahide commandments, is not mentioned in the Yerushalmi.. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile47This is the same statement as the preceding one, only it emphasizes that the sojourner has not lost his power to render idols profane which was his as an idolator.. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden48The Noahide precepts are supposed to be valid for all mankind. idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress49Deut. 24:14: “Do not oppress the poor hireling, or the deprived, from your brothers or the stranger in your land, in your gates.” The stranger who has the right of permanent residence in your gates is the approved sojourner., do not cheat50Deut. 23:17: “With you he shall dwell in your midst, at the place which he will chose, where he feels well within one of your gates; do not cheat him.”, and he is exiled like an Israel51The exile of the homicide to one of the cities of refuge, Num. 35:15: “For the children of Israel and the sojourner in their midst should these six cities be a refuge.”, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated52More explicit in Babli Baba meṣi‘a 111b, Tosephta Baba meṣi‘a 10:4. In the latter source, it is explained that the prohibition of oppression includes the obligation to pay the day-laborer immediately.: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.
In the Babli, 48b, this is the position taken by R. Ismael; R. Aqiba (48b) and R. Eliezer (71a) prohibit keeping uncircumcised slaves.. A sojourner is like a Gentile in every respect42This is not meant to be a generally valid statement; the idolator is not protected by the Covenant of the sojourner. What is meant is a rather technical detail. It is stated repeatedly in the Torah, e. g. Deut. 13:18, that statues and other idolatrous objects are prohibited for any use by a Jew. Therefore, valuables of an idolatrous character may only be used by Jews (for example, melted down for their precious metal content) if they come into the hand of a Jew already profaned, i. e., if a non-Jew has treated them contemptuously, preferably damaging them. The Yerushalmi holds that the sojourner still has the power of a Gentile to render profane objects of idolatry even though he is a monotheist, and make them available for a Jew to use. The Babli, Avodah zarah 64b/65a, explains away all the reasons quoted in this paragraph and decides that only an idolator can effectively render idols profane.. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects43This statement, that the status of sojourner is only temporary and should lead to full conversion is not found anywhere else.. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat44In the Babli, Avodah zarah 64b, the opinion of “others” is that the sojourner has to accept all commandments in the Torah except those of kosher food.. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it45Deut. 14:21: “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it, or sell it to a stranger.” This seems to imply that cadaver meat must be donated to the sojourner or sold to the Gentile. Whether it may be sold to the sojourner or donated to the Gentile is a matter of controversy in the Babli (Pesaḥim 21b, Avodah zarah 20a) and Sifry Deut # 104. R. Hila wants to decide following the majority that a sale to the sojourner is permitted..” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah44In the Babli, Avodah zarah 64b, the opinion of “others” is that the sojourner has to accept all commandments in the Torah except those of kosher food.. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry46In the Babli Avodah zarah 64b, this is the opinion of R. Meïr. The operative majority opinion there, that he has to accept all seven Noahide commandments, is not mentioned in the Yerushalmi.. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile47This is the same statement as the preceding one, only it emphasizes that the sojourner has not lost his power to render idols profane which was his as an idolator.. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden48The Noahide precepts are supposed to be valid for all mankind. idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress49Deut. 24:14: “Do not oppress the poor hireling, or the deprived, from your brothers or the stranger in your land, in your gates.” The stranger who has the right of permanent residence in your gates is the approved sojourner., do not cheat50Deut. 23:17: “With you he shall dwell in your midst, at the place which he will chose, where he feels well within one of your gates; do not cheat him.”, and he is exiled like an Israel51The exile of the homicide to one of the cities of refuge, Num. 35:15: “For the children of Israel and the sojourner in their midst should these six cities be a refuge.”, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated52More explicit in Babli Baba meṣi‘a 111b, Tosephta Baba meṣi‘a 10:4. In the latter source, it is explained that the prohibition of oppression includes the obligation to pay the day-laborer immediately.: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.