Эзра 10:8 Ссылки в Талмуде: Jerusalem Talmud Peah, Jerusalem Talmud Moed Katan, Jerusalem Talmud Nedarim & Jerusalem Talmud Shekalim

Rebbi Immi in the name of Rebbi Simeon ben Laqish: This is from the House of Shammai, since the House of Shammai say that property abandoned to the poor is abandoned⁵As explained in the next Mishnah, we require that the poor be given produce ready for immediate use. While harvested grain becomes subject to heave and tithes only after being gathered into orderly heaps, a farmer who really wants to create problems gives tithes from unthreshed grain. Hence, there already is a potential obligation on the produce after harvesting and the grain which is given in lieu of gleanings should be subject to heave and tithes. On the other hand, abandoned property is not “your harvest,” and as such is free from heave and tithes. In Chapter 6, the House of Shammai rule that property abandoned only to the poor, such as peah and gleanings and grain given in lieu of peah and gleanings, is considered legally abandoned. The House of Hillel disagree and restrict the notion of abandoned property to things abandoned to everybody, rich and poor alike. Since the Mishnah does not require heave and tithes to be given for grain given in lieu of gleanings, it seems to disagree with the House of Hillel who determine our practice.. Rebbi Yasa said to him: We understand that it is free from tithes because property abandoned by a court order is abandoned⁶The grain given in lieu of gleanings is given by a decree of the High Court, not by personal choice. Hence, it is legally abandoned.. It is written (Ezra 10:8): “Anybody who will not come within three days conforming to the decree of the rulers and the elders, all his property shall be devoted to destruction⁷If the decree of the Court did not make the property abandoned, its destruction would have to be considered theft. Since Ezra was a teacher of the Law, his rulings have to be accepted.
From here on to Note 24, the text also appears in Šeqalim 1:2..” From where that it⁸Property abandoned by decree of court. is free from tithes? Rebbi Jonathan, the son of Rebbi Isaac bar Aḥa⁹According to the interpretation of A. Zacut (Sefer Yoḥasin) of an unclear note in Babli Pesaḥim 114a, R. Isaac bar Aḥa is quoted as “R. Isaac” without a patronymic. understood it from the following¹⁰Tosephta Sanhedrin 1:2, Babli Sanhedrin 12a, Yerushalmi Sanhedrin 1:2 (Note 207), Nedarim 6:3 (Note 83). (Addenda and Corrigenda by Guggnheimer): One intercalates¹²Since the Jewish year is both lunar and solar, but 12 lunar months are only approximately 254 days, in 19 years there have to be seven intercalary years of 13 months. For details see the author’s Seder Olam(Jason Aronson, Northvale NJ, 1998). years neither in the Sabbatical year, nor in the year following the Sabbatical; but if they did intercalate it is intercalated. The one month he adds, is it not free from tithes¹³Since the spontaneous growth of the Seventh Year may be taken by everybody, it is not “your harvest” and, hence, free from heave and tithes even if taken by the owner of the land. If the Supreme Court declared the year intercalary against the rules, it is nevertheless a valid 13 months year and all produce is legally abandoned property.? That refers to the Sabbatical year. What about the year after the Sabbatical? Rebbi Abun said, not to prolong the prohibition of new grain¹⁴New grain may be eaten only after the Omer sacrifice on the 16th of Nisan. An intercalation of a month, which always falls in early spring, unnecessarily postpones the harvest of new grain..

Rebbi Joshua ben Levi sent for a man three times^38aSummons to appear in rabbinic court. but he did not come. He sent, saying to him, if I had not ever excommunicated a person, I would have excommunicated this man since for 24 reasons one excommunicates and this is one of them: The entire property of anybody who will not come within three days following the council of ministers and Elders shall be confiscated and he shall be separated from the community of the Diaspora³⁹Ezra 10:8.. Rebbi Isaac ben Rebbi Eleazar said, there are many more of these dispersed in the Mishnah⁴⁰The rules, together with most of procedural law, never were completely fixed. Babli Berakhot19a.. There, we have stated⁴¹Mishnah Ta`aniot 3:8.: “Simeon ben Shataḥ sent to him and told him, you should be excommunicated.” <sup>42</sup>Copied from Ta`aniot 3:8, Notes 106–108. For if there had been a decision made as it was decided in the days of Elijah, [would you not have caused a desecration of the Name in public? And everybody who causes a public desecration of the Name must be excommunicated. There, we have stated⁴³Added from Ta`aniot by the Venice editor.: Rabban Gamliel sent to him, if you hinder the public you will create a future stumbling block for the public;]⁴⁴Mishnah Roš Haššanah 1:6. would not prevent the public from performing a meritorious act? And any who would hinder the public from performing a meritorious act must be excommunicated.

“I am excommunicated from you, Rabbi Aqiba was stringent in that because of a doubt.” To forbid all his possessions⁸R. Aqiba decided that, while the exact meaning of “excommunicated” in this context is unknown since the use of a judicial term by a private person is inappropriate, the most extensive interpretation must be adopted.. As you say⁷⁸Ezra 10:8., “all his property should be banned and he should be separated from the community of the diaspora.” What do the rabbis do with this? An excommunication by the court is weightier.