תּלמוד אויף שמות 34:26

MISHNAH: Some people bring First Fruits and make the declaration¹The thanksgiving declaration Deut. 26:5–10. It is forbidden to bring profane food into the Temple. If there is no obligation to bring First Fruits then there is a prohibition to bring. If there is an obligation, a dedication must sanctify the First Fruits as Temple offerings., some bring and do not make the declaration, and some do not bring. The following do not bring²The reason is explained in Mishnah 2.: He who plants in his own but provines³He bends a branch of a vine down into the earth and has it reappear elsewhere; cf. Kilaim 7:1, Note 1. into a private or a public plot; and so he who provines from a private or a public plot into his own. If someone plants in his own and provines into his own but a private or public road is in the middle he cannot bring; Rebbi Jehudah says he brings.

May one who made a vow not to have anything cooked be permitted smoked? May he be permitted fried? May he be permitted anything cooked in the hot springs of Tiberias¹⁶If a pot is immersed in a hot spring, is the food cooked by human action? If it is not by human action, it cannot be sanctioned.? The rabbis of Caesarea asked: Is anything smoked forbidden because of Gentile cooking¹⁷In the opinion of the Yerushalmi [Šabbat 1 (3c 1. 65), Avodah zarah 2:9 (41d 1. 35)] it is a biblical prohibition, based on Deut. 2:28 to eat Gentile food which is in a state different from raw and not prepared with the help of a Jew. In the opinion of the Babli, Avodah zarah 37b/38a, this is a purely pharisaic-rabbinic restriction for which the verse serves as a crutch. The question now is whether hanging anything in a chimney over a smoky fire which was not lit for the purpose of cooking would be considered cooking anyhow.? Is it forbidden because of cooking on the Sabbath? Is it forbidden because of meat and milk? Does it cause ṭevel for tithes¹⁸This is always the same question. Cooking is forbidden on the Sabbath (Mishnah Šabbat 7:2) parallel to baking. Since baking cannot be replaced by smoking, there is a question. Similarly, it is forbidden to cook milk and meat together (Ex. 23:19; 34:26; Deut. 14:21).
Cooking untithed food makes the food forbidden until heave and tithes have been taken. {While the Mishnah (Ma‘serot 4:1) only states that preserving by prolonged cooking creates the obligation, the formulation in the Halakhah is “fire creates the obligation”. In the first formulation, preserving by smoking might be excluded, in the second it is included.) The questions are unanswered since in matters of biblical prohibitions a doubt must be resolved in a restrictive decision.? If somebody made a vow not to have anything smoked, is he permitted cooked? Rebbi Abba, Rav Jehudah in the name of the House of Rav Assi: Ḥabiṣ¹⁹Arabic خَبِيص “a delicacy made from dates, cream, and starch”. is unproblematic as Gentile cooking and is acceptable as eruv tavšīlīn. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: Anything which can be eaten raw is unproblematic as Gentile cooking and is acceptable as eruv tavšīlīn²⁰In the Babli, Avodah zarah 38a, in the name of Rav, Rav Huna’s teacher..

HALAKHAH: ⁶²The main occurrence of this paragraph is in Ḥallah 4:12, on the Mishnah: “Joseph the Cohen brought his First Fruits as olive oil and wine and these were not accepted in the Temple.” That Mishnah seems to contradict the Mishnah here; cf. Šiṭṭah Mequbeẓet,Ḥulin 120b, Note 11. Rebbi Ila in the name of Rebbi Eleazar: So says the Mishnah, “one does not bring First Fruits as drinks except for those made from olives and grapes,” even after it became property of the owners⁶³The priests serving in the Temple. Since First Fruits were designated as such while still growing, they were already dedicated when harvested and never were property of the farmer.. But did we not state: “If he pressed First Fruits as a drink, from where that he should bring them? The verse says (Ex. 23:19, 34:26), ‘bring!’⁶⁴Since the commandment is repeated, it means “bring in any shape or form.””. That is, if he harvested them from the start for this purpose. But here, if he did not harvest them from the start for this purpose⁶⁵In the interpretation of the Babli, the entire discussion is only about grapes. It is difficult to decide whether this is also the point of view of the Yerushalmi..