Talmud - Pesahim 23a פסחים כ״ג א׳

for the public; all the details of the prohibition of orla apply to a tree planted for public purposes. Rabbi Yehuda says: This verse comes to exclude a tree planted for the public, i.e., it is exempt from the laws of orla.

The Gemara explains: What is the reason for the opinion of the first tanna? As it is written: “And you shall plant.” That the mitzva applies to an individual is indicated, since planting a tree is ordinarily an individual activity; however, that the mitzva of orla applies to a tree planted for the public is not indicated by the verse. Therefore, the Merciful One writes “for you” in the plural, to include within this prohibition that which is planted for the public. And Rabbi Yehuda concedes that the phrase “and you shall plant” indicates that orla applies both to a tree planted for the public and for an individual; and the phrase “for you” also indicates that orla applies both to a tree planted for an individual and for the public. If so, then this is one amplificatory expression after another, and there is a principle that one amplificatory expression after another is restrictive. Therefore, the term: “For you” comes to exclude from this prohibition a tree planted for the public.

The Gemara further challenges Rabbi Abbahu’s opinion: And yet there is the prohibition that a non-priest shall not eat teruma, as the Merciful One says: “No stranger shall eat of the sacred food; a tenant of a priest, or a hired servant, shall not eat of the sacred food” (Leviticus 22:10). And we learned in a mishna: One may establish an eiruv, such as a joining of Shabbat boundaries, on behalf of a nazirite with wine, even though he may not drink it. And one may establish an eiruv on behalf of an Israelite with teruma, although it is prohibited for him to eat it. Apparently, it is permitted for an Israelite to derive benefit from the teruma even though the verse says: “He shall not eat.” This appears to be a challenge to the opinion of Rabbi Abbahu.

Rav Pappa said: It is different there, with regard to teruma, as the verse said: “And your teruma shall be reckoned unto you, as though it were the grain of the threshing floor, and as the fullness of the winepress” (Numbers 18:27). The Sages derived from the inclusion of the possessive pronoun “your” that the teruma shall be yours; therefore, it is permitted for an Israelite to benefit from teruma. The Gemara asks: And what does the other Sage, Ḥizkiya, derive from this phrase, as he holds that: “He shall not eat” already indicates that it is permitted to benefit from teruma? The Gemara answers: According to his opinion the phrase: “Your teruma” is referring to all of the teruma of the entire Jewish people. This is common biblical vernacular, and nothing may be derived from it.

The Gemara continues to challenge Rabbi Abbahu’s opinion: And yet there is the prohibition against the nazirite eating grape products, as the Merciful One says: “All the days of his naziriteship he shall eat nothing that is made of the grapevine, from the seeds to the grape skin” (Numbers 6:4). And we learned in the mishna: One may establish an eiruv on behalf of a nazirite with wine even though he may not drink it. Apparently, a nazirite may derive benefit from wine despite the fact that the verse says that he may not drink it. Mar Zutra said: It is different there, as the verse said: “His naziriteship.” He derives from this verse that it shall be his; in other words, the nazirite may continue to own wine and to benefit from it.

Rav Ashi said: This halakha is derived from another source. As the verse says: “He shall be sacred, he shall let the locks of the hair of his head grow long” (Numbers 6:5). Rav Ashi reads the verse precisely to indicate that the growth of the nazirite’s hair is sacred and must be burned, but no other element of his naziriteship is sacred. In other words, he may derive benefit from the other elements prohibited to him during his naziriteship, i.e., from grape products. The Gemara challenges: And is it written: No other element of his naziriteship? There is no indication that this statement means that the prohibition against deriving benefit is limited to this one element. Rather, it is clear that the derivation of this halakha is in accordance with the explanation of Mar Zutra.

The Gemara continues to challenge Rabbi Abbahu’s opinion: And yet there is the prohibition of new grain, which was harvested before the bringing of the omer offering, as the Merciful One says: “And you shall eat neither bread, nor parched grain, nor fresh stalks until this day itself, until you have brought the offering of your God; it is a statute forever throughout your generations in all your dwellings” (Leviticus 23:14). And we learned in a mishna: One may harvest grain before the omer as fodder and feed it to his animal. Apparently, one may derive benefit from this grain even though the verse says: “You shall not eat.”

Rav Shemaya said: It is different there, as the verse said: “Your harvest” (Leviticus 23:10), indicating that your harvest will be yours. In other words, one may benefit from it, as it is still considered to be his. The Gemara asks: And what does the other Sage, Ḥizkiya, derive from this phrase? The Gemara answers that according to his opinion, “your harvest” is referring to the harvest of the entire Jewish people. This is common biblical vernacular, and nothing may be derived from it.

The Gemara challenges both opinions. And yet there is the prohibition against eating creeping animals, as the Merciful One says: “And every creeping thing that swarms upon the earth is a detestable thing; it shall not be eaten” (Leviticus 11:41). And we learned in a mishna: If hunters of undomesticated animals, birds, and fish happen to catch non-kosher species that they did not intend to trap, it is permitted for them to sell them to gentiles. Apparently, one may derive benefit from non-kosher species even though the verse says: “It shall not be eaten.” The Gemara answers: It is different there, as the verse said: “For you” (Leviticus 11:10), indicating that they will be yours, that one may derive benefit from them.

The Gemara asks: If so, that it is permitted to derive benefit from these creeping animals, then even if one intends to catch them it should also be permitted to sell them to gentiles ab initio. However, the mishna indicates that this is prohibited. The Gemara answers: It is different here, in the case of creeping animals, as the verse said: “They shall be” (Leviticus 11:11). It is derived from this that they shall be as they are. In other words, they should remain in their detestable state, and one should stay away from them.

The Gemara asks: And according to the opinion of Ḥizkiya, why do I need the verse to write: “It shall not be eaten,” to teach that one may not derive benefit from them, and afterward to say: “For you,” to permit deriving benefit from them? Let the Merciful One not write: “It shall not be eaten,” and it will not need to say: “For you.” Ḥizkiya could have said to you: My reason is also derived from here, as this verse is a central source for my opinion. Since the verse needed to say explicitly: “For you,” it is evident that when the Torah writes only: “It shall not be eaten,” it is indicating that it is prohibited to benefit from the item as well.

The Gemara further challenges the opinions of Ḥizkiya and Rabbi Abbahu: And yet there is the prohibition of leavened bread, as the Merciful One says: “Leavened bread shall not be eaten,” and it was taught in a baraita that Rabbi Yosei HaGelili says: Be astounded with yourself; how is it prohibited to derive benefit from leavened bread for all seven days? Apparently, he holds that it is permitted for one to derive benefit from leavened bread for all seven days of Passover and certainly afterward. The Gemara answers: It is different there, as the verse said: “Matzot shall be eaten throughout the seven days; and no leavened bread shall be seen with you, neither shall there be leaven seen with you, in all your borders” (Exodus 13:7). The phrase “with you” indicates that it is yours, i.e., it is still considered to be in one’s possession, and it is permitted for him to derive benefit from it.

The Gemara asks: And what do the Rabbis, who say that it is prohibited to derive benefit from leavened bread, learn from the phrase “with you”? The Gemara answers: They derive that you may not see your own leavened bread; however, you may see that of others and that which is consecrated to God but remained in one’s possession. The Gemara asks: And what does the other Sage, Rabbi Yosei HaGelili, say about this halakha? The Gemara answers: There are two occurrences of the phrase “with you” written. One indicates that it is permitted to see leavened bread that belongs to a gentile, and the other indicates that one may derive benefit from leavened bread.

The Gemara asks: And according to the opinion of the other Sages, the Rabbis, why is the phrase “with you” written twice? They explain: One is written with regard to a gentile whom he has conquered, i.e., who is under his control. And the other is written with regard to a gentile whom he has not conquered. In either case, one is permitted to keep the gentile’s leavened bread in his possession on Passover. And from where does the other Sage, Rabbi Yosei HaGelili, derive this halakha that one may see even the leavened bread of a gentile who is under his control? He points out that there are three occurrences of the phrase “with you” written. And what do the other Sages, the Rabbis, learn from the extra instance of the phrase “with you”? They learn that it is used once to teach about leaven, and once to teach about leavened bread. And they are both necessary and must be mentioned explicitly, as one cannot derive this principle with regard to leavened bread from leaven or vice versa.

The Gemara suggests: Let us say this dispute between Ḥizkiya and Rabbi Abbahu with regard to the implication of the phrase: It shall not be eaten, is parallel to a dispute between tanna’im. The verse states: “And the fat of the animal carcass, and the fat of that which is torn of beasts, may be used for any other service; but you shall surely not eat of it” (Leviticus 7:24). What does it mean when the verse states: “For any other service”? I might have thought that with regard to the Temple service it should be permitted to use this fat for the following reason: Because fats may generally be offered on the altar, it is as though it is permitted to consume them; therefore, they may be used for other sacred purposes as well. However, I might have thought that with regard to common use it should be prohibited to use them, as the verse states: “You shall surely not eat of it.” Therefore, the verse states: “For any other service,” meaning that its use is permitted in all contexts. This is the statement of Rabbi Yosei HaGelili.

Rabbi Akiva says: Although its use is clearly permitted, I might have thought that despite the fact that an animal carcass is impure, with regard to common use its fat should be ritually pure; however, with regard to the Temple service it should be ritually impure. Therefore, the verse states: “For any other service,” meaning that it is considered pure in all contexts.

The Gemara explains their dispute: Rabbi Yosei HaGelili holds that with regard to purity and impurity no verse is necessary, as there is no reason to assume that the fat of an animal carcass is impure. The verse is necessary to establish the prohibited or permitted status of this fat. And Rabbi Akiva holds that to teach whether this fat is prohibited or permitted no separate verse is necessary; it is necessary to establish its status with regard to ritual purity or impurity.

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

Pesachim 23a examines whether orla restrictions apply to trees planted for public use, then debates deriving benefit from teruma via eiruv.