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Babylonian Talmud: Tractate Baba Mezi'a
but not of intermediary hekdesh!1 — He replied, Because it is incapable of final hekdesh.2 But R. Aha of Difti objected to Rabina: Yet it is capable of 'intermediary hekdesh:' then let a fifth be added too!3 — He replied: It is as final hekdesh: just as a fifth is not added for final hekdesh,4 so for intermediary hekdesh no fifth is added. R. Zutra, son of R. Mari, said to Rabina: On what grounds5 do you liken it to final hekdesh? Liken it [rather] to original hekdesh! — He replied: It is logical to liken it to final hekdesh, since thereby transferred [sanctity is deduced] from transferred [sanctity]. On the contrary, it should rather be compared with original hekdesh, [deducing] that which may be followed by sanctity from that which may be followed by sanctity!6 — It is as Raba said, [viz.,] [And the fire upon the altar shall be burning in it; it shall not be put out: and the priest shall burn wood on it every morning, and lay] the burnt offering [in order upon it; and he shall burn thereon the fat of the peace offering]7 implies 'the first burnt offering;8 so here too, [and if it be of] the unclean [beast] denotes the first uncleanliness [to which it may be subject].9
It has been taught in accordance with R. Joshua b. Levi: [If one declared,] 'This cow is a substitute for this cow of hekdesh';10 'this garment be instead of this other garment of hekdesh', his consecrated object is redeemed, whilst hekdesh has the upper hand.11 [Even if he declares,] 'This cow, which is worth five sela's be a substitute for this other cow of hekdesh', or 'this garment, worth five sela's, be instead of this other garment of hekdesh', his consecrated object is redeemed.12 For the first hekdesh he must add a fifth, but not for the second.13
MISHNAH. OVERREACHING IS CONSTITUTED BY FOUR SILVER [MA'AHS].14 THE [MINIMUM] CLAIM IS TWO SILVER [MA'AHS],15 AND ADMISSION IS [AT LEAST] THE VALUE OF A PERUTAH.'16 A PERUTAH WAS SPECIFIED IN FIVE INSTANCES: [i] ADMISSION MUST BE [AT LEAST] THE EQUIVALENT OF A PERUTAH; [ii] A WOMAN IS BETROTHED BY THE VALUE OF A PERUTAH;17 [iii] HE WHO BENEFITS FROM HEKDESH TO THE VALUE OF A PERUTAH IS LIABLE TO A TRESPASS OFFERING; [iv] HE WHO FINDS [AN ARTICLE] WORTH A PERUTAH IS BOUND TO PROCLAIM IT, AND [v] HE WHO ROBS HIS NEIGHBOUR OF THE VALUE OF A PERUTAH AND SWEARS [FALSELY] TO HIM [CONCERNING IT],18 MUST FOLLOW HIM TO RETURN IT19 EVEN AS FAR AS MEDIA.20
GEMARA. But we have already learnt it once: fraud is constituted by [an overcharge of] four silver [ma'ahs] in twenty four, which is a sela', [hence] a sixth of the purchase!21 — He [the Tanna] desires [to state], THE [MINIMUM] CLAIM IS TWO SILVER [MA'AHS], AND ADMISSION IS [AT LEAST] THE VALUE OF A PERUTAH.22 But that too we have [already] learnt: The judicial oath is [imposed] for a claim of two silver [ma'ahs] and an admission of a perutah! — The last clause is necessary, viz., A PERUTAH IS SPECIFIED IN FIVE INSTANCES.
A PERUTAH IS SPECIFIED IN FIVE INSTANCES etc. But let him [the Tanna] teach also, [The minimum] overreaching is a perutah!23 — Said R. Kahana: This proves that the law of overreaching does not apply to perutahs.24 But Levi maintained: The law of overreaching does apply to perutahs. And thus did Levi read in his Baraitha [collection]:25 A perutah was specified in five instances: [i] [Minimum] overreaching is a perutah; [ii] Admission is a perutah; [iii] The kiddushin of a woman is with a perutah; [iv] Robbery [imposes its obligations] on account of a perutah; and [v] The court session is on account of a perutah.26 Now, why does our Tanna not include the court session? — He includes it under robbery.27 Yet does he not teach both robbery and loss?28 — Those are [both] necessary. 'Robbery', [to teach that] HE WHO ROBS HIS NEIGHBOUR OF THE VALUE OF A PERUTAH AND SWEARS [FALSELY] TO HIM [CONCERNING IT], MUST FOLLOW HIM TO RETURN IT EVEN AS FAR AS MEDIA.29 'A loss:' [thus] HE WHO FINDS [AN ARTICLE] WORTH A PERUTAH IS BOUND TO PROCLAIM IT, even if it depreciated [after being found].30 Now, why does Levi not teach that a loss [in the sense of the Mishnah] is [at least] a perutah? — He teaches robbery. But does he not teach both robbery and the court session?31 — He needs [to teach that] in order to reject the view of R. Kattina, who said, The court sits32 even for less than a perutah's worth. Now, why does Levi omit hekdesh? — He deals with hullin, not sacred objects. Then since our Tanna does treat of sacred objects, let him teach, The [minimum of second] tithe [to be eligible for redemption] is a perutah.33 — [The omission is] in accordance with the view that if its fifth is less than a perutah [it cannot be redeemed]. Then let him state, The [added] fifth of the [second] tithe must be [not less than] a perutah. — He treats of principals, not fifths.34
The [above text] states: 'R. Kattina said: The court sits even for less than a perutah's worth.' Raba objected: And he shall make amends for the harm that he hath done in the holy thing:35
Baba Mezi'a 55b
this ['and'] extends the law of restoration even to less than a perutah's worth. Thus, it applies to hekdesh, but not to hullin!1 — But if stated, it was stated thus: R. Kattina said, if the court met for [a claim of] the equivalent of a perutah, they conclude [the hearing] even for less,2 [because] at the beginning of a trial a perutah must be involved, but at the end a [claim of a] perutah is unnecessary.
MISHNAH. [THE ADDITION OF] A FIFTH [TO THE PRINCIPAL] IS PRESCRIBED IN FIVE CASES: [i] ONE WHO EATS TERUMAH, THE TERUMAH OF THE TITHE,3 THE TERUMAH OF THE TITHE OF DEMAI, HALLAH,4 AND THE FIRST FRUITS,5 MUST ADD A FIFTH;6 [ii] HE WHO REDEEMS THE FOURTH YEAR PLANTING7 AND HIS OWN SECOND TITHE8 ADDS A FIFTH; [iii] HE WHO REDEEMS HIS SACRED OBJECTS9 ADDS A FIFTH; [iv] HE WHO BENEFITS FROM HEKDESH TO THE VALUE OF A PERUTAH ADDS A FIFTH;10 AND [v] HE WHO ROBS HIS NEIGHBOUR OF A PERUTAH'S WORTH AND SWEARS [FALSELY] TO HIM [CONCERNING IT] MUST ADD A FIFTH.
GEMARA. Raba said: The terumah of the tithe of demai presented a difficulty to R. Eleazar: Did then the Sages set up protective measures for their enactments as for those of the Torah?11 — Said R. Nahman in Samuel's name: The author of this [Mishnah] is R. Meir, who maintained: The Sages did set up protective measures for their enactments as for those of the Torah. For it has been taught: If one brought a divorce from countries overseas and delivered it to her [the wife] without declaring, 'It was written in my presence and signed in my presence,' he [her next husband] must divorce her [too], and their offspring is a bastard: this is R. Meir's view. But the Sages Say: Their offspring is not a bastard. What then shall he [the messenger] do? He must take it [the divorce] back from her, give it to her again in the presence of two witnesses and declare, 'It was written in my presence and signed in presence.'12 But according to R. Meir, [merely] because he did not declare to her, 'It was written in my presence and signed in my presence,' he must divorce her, and the child is a bastard! — Even so: R. Meir is consistent with his view. For R. Hamnuna said on 'Ulla's authority: R. Meir used to say, Whenever one departs from the fixed procedure ordained by the Sages13 in case of divorce, he [her next husband] must give a divorce, whilst the offspring is a bastard.
R. Shesheth objected: It [sc. the second tithe demai] is redeemed [by exchanging] silver for silver, copper for copper, silver for copper and copper for produce;14 then he may redeem the produce: this is R. Meir's opinion. But the Sages say: He must carry the produce to Jerusalem and eat it there.15 Now, is it permissible to redeem silver with copper?16 Surely we learnt: If a sela' of the second tithe was intermixed with one of hullin,17 he brings a sela''s worth of copper coins and declares: 'Wherever the sela' of the second tithe may be, it is redeemed with these coins.' Then he selects the best of them18 and redeems them [the copper coins] therewith;19
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