Talmud - Hullin 101b חולין ק״א ב׳

The Gemara asks: And does Rabbi Yosei HaGelili not hold that a more inclusive prohibition takes effect where there is an already existing prohibition?

But isn’t it taught in a baraita: When Shabbat and Yom Kippur occur on the same day, if one acted unwittingly and performed prohibited labor, from where is it derived that he is liable for this by itself and for that by itself, i.e., he is liable to bring two sin offerings, for having transgressed both Shabbat and Yom Kippur? The verse states: “You shall do no manner of work; it is a Shabbat for the Lord in all your dwellings” (Leviticus 23:3), and another verse states: “It is Yom Kippur” (Leviticus 23:27). The term “it is” in each verse teaches that each of these days is considered independently even when it occurs together with another holy day. This is the statement of Rabbi Yosei HaGelili. Rabbi Akiva says: He is liable to bring only one sin offering because a prohibition does not take effect where another prohibition already exists.

The Gemara answers that on this topic Ravin sent a letter citing a statement in the name of Rabbi Yosei, son of Rabbi Ḥanina: This is the correct presentation of this teaching [hatza’a shel mishna], i.e., the opinions in this baraita are accurate, but one must reverse the attributions of each opinion so that the first opinion is that of Rabbi Akiva and the second opinion is that of Rabbi Yosei HaGelili. Consequently, Rabbi Yosei HaGelili holds that two prohibitions do not take effect at the same time even if one is more inclusive or stringent than the other.

The Gemara continues to discuss the opinion of Rabbi Yosei HaGelili. Rav Yitzḥak bar Ya’akov bar Giyorei sent a letter citing a statement in the name of Rabbi Yoḥanan: According to the statement of Rabbi Yosei HaGelili, as stated in the baraita once the attributions have been reversed, if one unwittingly performed a forbidden labor on a Yom Kippur that occurred on Shabbat, he is obligated to bring one sin offering. If he acted unwittingly with regard to the fact that it was Shabbat, i.e., he forgot that it was Shabbat, but acted intentionally with regard to Yom Kippur, he is obligated to bring a sin offering. But if he acted intentionally with regard to Shabbat but unwittingly with regard to Yom Kippur, he is exempt from bringing any offering.

The Gemara asks: What is the reason for Rabbi Yoḥanan’s statement? Abaye said: Shabbat is established and permanent, i.e., it always occurs on the seventh day of the week, whereas in the case of Yom Kippur, it is the court that establishes it, as the Sages determine the New Moon. Consequently, Shabbat is considered to have preceded Yom Kippur, and the prohibition to perform labor on Yom Kippur does not apply, due to the fact that labor is already prohibited because it is Shabbat. Since one brings a sin offering only due to unwitting transgression, he is obligated to bring a sin offering only if he performed labor without realizing it was Shabbat.

Rava said to Abaye: Ultimately both of them, i.e., Shabbat and Yom Kippur, come into effect at the same time. Since both take effect at the beginning of the calendar day, it cannot be said that Shabbat precedes Yom Kippur. Rather Rava said a different explanation. It was a time of religious persecution, and they sent from there, i.e., from Eretz Yisrael, a directive stating that Yom Kippur of this year will not be observed on its proper day but rather on Shabbat. Rabbi Yoḥanan was merely stating that on that particular year one who would unwittingly transgress Yom Kippur would be exempt from bringing a sin offering. And similarly, when Ravin and all those who descended from Eretz Yisrael came to Babylonia, they said that the true explanation is in accordance with the opinion of Rava.

§ The mishna teaches: Rabbi Yehuda said in explanation: Wasn’t the sciatic nerve forbidden for the children of Jacob, as it is written: “Therefore the children of Israel eat not the sciatic nerve” (Genesis 32:33), yet the meat of a non-kosher animal was still permitted to them? Since the sciatic nerve of non-kosher animals became forbidden at that time, it remains forbidden now.

It is taught in a baraita that the Rabbis said to Rabbi Yehuda: But is it stated in the verse: Therefore the children of Jacob do not eat the sciatic nerve? Isn’t it true that it is stated only that: “Therefore the children of Israel do not eat the sciatic nerve?” And the Jewish people were not called “the children of Israel” until they received the Torah at Mount Sinai. Rather, this terminology indicates that the prohibition of eating the sciatic nerve was stated to the Jewish people at Sinai, but was written in its place, after the incident of Jacob wrestling with the angel, to allow the Jewish people to know the reason the sciatic nerve was forbidden to them. Since the prohibition came into effect only at Sinai, there is no proof that it ever applied with regard to non-kosher animals.

Rava raises an objection to this baraita: The verse states: “And Jacob rose up from Beersheba; and the children of Israel carried Jacob their father, and their little ones, and their wives in the wagons that Pharaoh had sent to carry him” (Genesis 46:5). This occurred before the Torah was given at Sinai, and therefore proves that the title “the children of Israel” was in use before the Torah was given. The Gemara answers: Nevertheless, this occurred after the incident, i.e., after Jacob wrestled with the angel and after the prophetic vision in which God changed Jacob’s name to Israel (Genesis 35:10).

Rav Aḥa, son of Rava, said to Rav Ashi: In that case, the sciatic nerve should be understood as having become forbidden to them from that time when they were first called the children of Israel. Since this was before the giving of the Torah, this would be in accordance with the opinion of Rabbi Yehuda and not that of the Rabbis.

Rav Ashi said to him: Was the Torah given piecemeal, on numerous different occasions? It was given at Sinai. Rather, that time when the title “children of Israel” was first used was not the time when the incident of Jacob wrestling with the angel occurred and also was not the time of the giving of the Torah at Mount Sinai. Therefore, there is no reason to assume that the prohibition took effect at that time.

§ The mishna taught a dispute between Rabbi Yehuda and the Rabbis with regard to the prohibition of eating the sciatic nerve. The Gemara now cites a similar dispute between them with regard to eating a limb from a living animal. The Sages taught in a baraita: The prohibition of eating a limb from a living animal applies whether the limb comes from a domesticated animal, an undomesticated animal, or a bird, and whether it is from a non-kosher species or from a kosher species; this is the statement of Rabbi Yehuda and Rabbi Elazar. But the Rabbis say: The prohibition of eating a limb from a living animal applies only to a limb from a kosher species.

Rabbi Yoḥanan says: And both of them, i.e., the Rabbis as well as Rabbi Yehuda and Rabbi Elazar, derived their opinions from one verse: “Only be steadfast in not eating the blood, for the blood is the life;

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Chullin 101b examines whether a broader prohibition can apply atop an existing one, debating liability for violating Shabbat and Yom Kippur on the same day.