Bechorot Daf 11 (בכורות דף י״א)
Daf: 11 | Amudim: 11a – 11b | Date: Loading...
📖 Breakdown
Amud Aleph (11a)
Segment 1
TYPE: גמרא
The Rabbanan’s answer, completing 10b: the shekel verse speaks only of affordability in erech vows
Hebrew/Aramaic:
בְּהֶשֵּׂג יָד כְּתִיב.
English Translation:
is written with regard to affordability, i.e., a case where one vows to give the valuation of an individual to the Temple but does not have sufficient funds to fulfill his vow. In such a case, he must pay at least a shekel. It does not apply to other matters.
קלאוד על הדף:
The sentence broken off at the end of the previous daf completes here. R’ Yosei bar Yehuda had grounded his one-shekel floor in וכל ערכך יהיה בשקל הקדש, and the Rabbanan, who permit redemption with any amount, must account for the same verse. Their answer is that it is written בהשג יד — in the passage governing one who vowed an ערך, a Torah-fixed valuation of a person, and cannot afford to pay it. Such a person is assessed according to his means, and the verse sets a shekel as the floor of that assessment. It is a rule about erech vows, not a general standard for every redemption in the Torah.
Key Terms:
- בְּהֶשֵּׂג יָד = according to affordability — the reduced assessment for one who cannot pay a full erech
- עֵרֶךְ = a Torah-fixed valuation of a person, pledged to the Temple (Vayikra 27)
- שֶׁקֶל הַקֹּדֶשׁ = the sacred shekel, the standard unit of Torah valuation
Segment 2
TYPE: פסק הלכה
Rav Nachman rules like the Rabbanan; Rav Yosef sets the floor at a scrawny lamb worth a ma’ah
Hebrew/Aramaic:
אָמַר רַב נַחְמָן: הֲלָכָה כְּדִבְרֵי חֲכָמִים, וְכַמָּה? אָמַר רַב יוֹסֵף: אֲפִילּוּ פַּטְרוֹזָא בַּר דַּנְקָא, אָמַר רָבָא: אַף אֲנַן נָמֵי תְּנֵינָא גָּדוֹל וְקָטָן.
English Translation:
Rav Naḥman says: The halakha is in accordance with the statement of the Rabbis that one may redeem a firstborn donkey with a lamb that is worth even less than a shekel. And how much must the lamb be worth? Rav Yosef says: Even a lean lamb [patruza] that is worth only a ma’a [danka] may be used. Rava says: We learn in the mishna (9a) as well that the owner may give either a big or a small lamb, which supports Rav Yosef’s ruling.
קלאוד על הדף:
With R’ Yosei bar Yehuda’s derivation disposed of, Rav Nachman issues the practical ruling: the halacha follows the Rabbanan, and a lamb worth less than a shekel redeems. Rav Yosef then presses the leniency to its limit with a vivid phrase — even a פטרוזא בר דנקא, a scrawny runt of a lamb worth a single ma’ah, one sixth of a dinar. Rava adds that the mishna on 9a already implied as much when it permitted a seh גדול וקטן, large or small, with no minimum attached.
Key Terms:
- פַּטְרוֹזָא = a scrawny, poorly developed lamb
- דַּנְקָא = a ma’ah, one sixth of a dinar — the smallest practical coin here
- הֲלָכָה כְּדִבְרֵי חֲכָמִים = the halacha follows the Sages, i.e. the Rabbanan against R’ Yosei bar Yehuda
Segment 3
TYPE: קושיא ותירוץ
Why Rav Yosef’s ruling was not obvious: two possible disqualifications
Hebrew/Aramaic:
פְּשִׁיטָא! מַהוּ דְּתֵימָא כּוּלֵּי הַאי לָא? אִי נָמֵי, פַּטְרוֹזָא לָא? קָא מַשְׁמַע לַן.
English Translation:
The Gemara asks: Isn’t it obvious that even a lean lamb worth one ma’a may be used? The baraita states that the lamb may be worth any amount. The Gemara answers: Lest you say that if the lamb is of such little value one may not redeem with it, Rav Yosef states that one may redeem with it. Alternatively, it could be claimed that a lean lamb may not be used for redemption due to its physical state. Therefore, Rav Yosef teaches us that one may redeem a firstborn donkey even with such a lamb.
קלאוד על הדף:
If the baraita already said כל שהוא, any amount, Rav Yosef appears to add nothing. The Gemara identifies two distinct disqualifications he forecloses. One is quantitative: a value this trivial might have been thought to fall below the threshold of a meaningful redemption, so that כל שהוא means any real sum rather than literally any sum. The other is qualitative: a patruza is a defective specimen, and one might have supposed its physical state disqualifies it even if its price does not. Rav Yosef rules out both.
Key Terms:
- פְּשִׁיטָא = it is obvious — the objection that a statement teaches nothing new
- מַהוּ דְּתֵימָא = lest you say — introducing the mistaken notion a ruling forestalls
- כּוּלֵּי הַאי לָא = not to this extent, i.e. so trivial a value should not qualify
Segment 4
TYPE: מעשה
R’ Yehuda Nesia sends his firstborn donkey to R’ Tarfon and asks what he owes
Hebrew/Aramaic:
רַבִּי יְהוּדָה נְשִׂיאָה הֲוָה לֵיהּ פֶּטֶר חֲמוֹר, שַׁדְּרֵיהּ לְקַמֵּיהּ דְּרַבִּי טַרְפוֹן, אֲמַר לֵיהּ: כַּמָּה בָּעֵינָא לְמִיתַּב לְכֹהֵן? אֲמַר לֵיהּ: הֲרֵי אָמְרוּ: עַיִן יָפָה בְּסֶלַע, עַיִן רָעָה בְּשֶׁקֶל, בֵּינוֹנִית בְּרִגְיָא.
English Translation:
Rabbi Yehuda Nesia had a firstborn donkey. He sent it before Rabbi Tarfon, and said to him: How much do I need to give a priest for its redemption, i.e., how much must the lamb used for its redemption be worth? Rabbi Tarfon said to him: Didn’t the Sages say: One who has a generous disposition redeems his firstborn donkey with a lamb worth a sela, one who has a miserly disposition redeems his donkey with a lamb worth a shekel, and one who has an intermediate disposition redeems his donkey with a lamb worth a ragya?
קלאוד על הדף:
The daf turns from abstraction to an actual consultation. R’ Yehuda Nesia, the patriarch, owned a peter chamor and sent it before R’ Tarfon with a practical question: how much must the redeeming lamb be worth? R’ Tarfon does not answer with a legal minimum at all, but with a received tradition of graded generosity — עין יפה בסלע, עין רעה בשקל, בינונית ברגיא. The scale measures not obligation but disposition, sorting the generous, the grudging and the ordinary by what each gives.
Key Terms:
- רַבִּי יְהוּדָה נְשִׂיאָה = R’ Yehuda Nesia, the patriarch and grandson of R’ Yehuda HaNasi
- עַיִן יָפָה = a generous eye or disposition
- עַיִן רָעָה = a grudging or miserly disposition
- סֶלַע = a sela, four dinars
- שֶׁקֶל = a shekel, two dinars
Segment 5
TYPE: פסק הלכה
Rava rules for the ragya, and the Gemara explains the word: three dinars, midway between
Hebrew/Aramaic:
אָמַר רָבָא: הִלְכְתָא בְּרִגְיָא. וְכַמָּה? תְּלָתָא זוּזֵי. רְגִיל הָכָא וְרָגִיל הָכָא.
English Translation:
Rava said: The halakha is that one must redeem the firstborn donkey with a lamb that is worth at least a ragya. The Gemara asks: And how much is the value of a ragya? The Gemara answers: A ragya is worth three dinars, and is called a ragya because it is close to [ragil] here and close to there, i.e., its value is between that of a sela, which is worth fours dinars, and a shekel, which is worth two dinars.
קלאוד על הדף:
Rava adopts the middle rung of R’ Tarfon’s scale as the operative halacha. The Gemara then explains the unfamiliar term: a ragya is three dinars, and the name derives from רגיל — it is at home on both sides, sitting between the sela’s four and the shekel’s two. The etymology matters because it confirms the scale is symmetrical: the intermediate disposition gives the arithmetic mean, and the two extremes are equidistant from it.
Key Terms:
- רִגְיָא = a ragya, three dinars — the intermediate sum on the Sages’ scale
- רְגִיל הָכָא וְרָגִיל הָכָא = close to this side and close to that — the etymology of ragya
- זוּזֵי = dinars, the basic silver coin
Segment 6
TYPE: קושיא ותירוץ
הלכתא אהלכתא — and the resolution: advice to one who asks versus validity for one who acts
Hebrew/Aramaic:
קַשְׁיָא הִלְכְתָא אַהִלְכְתָא! לָא קַשְׁיָא, כָּאן — בְּבָא לִימָּלֵךְ, כָּאן — בְּעוֹשֶׂה מֵעַצְמוֹ.
English Translation:
The Gemara comments: The contradiction between this halakha, that one must give a lamb worth three dinars, and the halakha stated by Rav Naḥman, that one may give a lamb of any monetary value, poses a difficulty. The Gemara responds: That is not difficult, as here the reference is to one who comes to consult; he is told to give a lamb worth three dinars. There, the reference is to one who acts on his own, i.e., one who redeems his donkey without consultation, in which case he has fulfilled his obligation even if the lamb is worth only a ma’a.
קלאוד על הדף:
Two of Rava’s and Rav Nachman’s rulings now stand in apparent conflict: any amount, or three dinars? The resolution is one of the more useful distinctions in the Gemara, because it separates two things a posek is asked to do. To one who comes beforehand and asks — בא לימלך — the answer is three dinars, since a question invites the right answer rather than the minimal one. To one who has already acted on his own — עושה מעצמו — the answer is that his redemption is valid even with a lamb worth a ma’ah. Guidance in advance and validation after the fact need not coincide.
Key Terms:
- קַשְׁיָא הִלְכְתָא אַהִלְכְתָא = one halachic ruling contradicts another
- בָּא לִימָּלֵךְ = one who comes to consult before acting
- עוֹשֶׂה מֵעַצְמוֹ = one who acts on his own initiative, without consulting
Segment 7
TYPE: גמרא
R’ Yitzchak citing Reish Lakish: with no seh available, redeem with money at full value
Hebrew/Aramaic:
אָמַר רַבִּי יִצְחָק אָמַר רֵישׁ לָקִישׁ: מִי שֶׁיֵּשׁ לוֹ פֶּטֶר חֲמוֹר וְאֵין לוֹ שֶׂה לִפְדּוֹתוֹ — פּוֹדֵהוּ בְּשׇׁוְיוֹ. לְמַאן? אִילֵימָא לְרַבִּי יְהוּדָה — הָא אָמַר: הִקְפִּידָה עָלָיו תּוֹרָה בְּשֶׂה! אֶלָּא לְרַבִּי שִׁמְעוֹן.
English Translation:
Rabbi Yitzḥak says that Reish Lakish says: One who has a firstborn donkey but does not have a lamb with which to redeem it may redeem the donkey with a sum of money equal to the donkey’s value and give it to a priest. The Gemara asks: In accordance with whose opinion is this statement? If we say that it is in accordance with the opinion of Rabbi Yehuda, doesn’t he say that the Torah is particular that the donkey be redeemed with a lamb (see 9a)? Rather, clearly it is in accordance with the opinion of Rabbi Shimon.
קלאוד על הדף:
A new question opens: what if the owner has no lamb at all? R’ Yitzchak transmits Reish Lakish’s ruling that he redeems בשוויו, paying the donkey’s full value in money to the kohen. The Gemara immediately asks whose view this can be. Not R’ Yehuda, who held on 9b that the Torah was particular about a seh — that was the very premise of his position that the donkey is forbidden until redeemed. So the ruling appears to belong to R’ Shimon.
Key Terms:
- בְּשׇׁוְיוֹ = at its full value
- הִקְפִּידָה עָלָיו תּוֹרָה בְּשֶׂה = the Torah was particular that it be redeemed with a seh
- רֵישׁ לָקִישׁ = R’ Shimon ben Lakish, an amora of Eretz Yisrael
Segment 8
TYPE: קושיא
Ravina’s first objection: the halacha always follows R’ Yehuda against R’ Shimon
Hebrew/Aramaic:
רַב אַחָא מַתְנִי הָכִי, רָבִינָא קַשְׁיָא לֵיהּ: רַבִּי יְהוּדָה וְרַבִּי שִׁמְעוֹן — הֲלָכָה כְּרַבִּי יְהוּדָה!
English Translation:
The Gemara comments: Rav Aḥa teaches it in this way, that the statement of Reish Lakish was made in accordance with the opinion of Rabbi Shimon. Ravina found this difficult, as wherever there is a dispute between Rabbi Yehuda and Rabbi Shimon, the halakha is in accordance with the opinion of Rabbi Yehuda.
קלאוד על הדף:
Rav Acha transmitted the ruling in exactly that form — Reish Lakish following R’ Shimon. Ravina found it untenable, and his first objection is a standing rule of decision rather than a local argument: wherever R’ Yehuda and R’ Shimon are in dispute, the halacha follows R’ Yehuda. A ruling by Reish Lakish that silently adopts R’ Shimon against that rule would be extraordinary.
Key Terms:
- רַב אַחָא = an amora who transmitted the ruling in this form
- רָבִינָא = a later Babylonian amora, among the redactors of the Talmud
- קַשְׁיָא לֵיהּ = he found it difficult
Segment 9
TYPE: קושיא
Ravina’s second objection: an anonymous mishna already follows R’ Yehuda
Hebrew/Aramaic:
וּסְתַם לַן תַּנָּא כְּרַבִּי יְהוּדָה, וְאַתְּ אָמְרַתְּ הֲלָכָה כְּרַבִּי שִׁמְעוֹן?!
English Translation:
And furthermore, the tanna taught us an unattributed mishna in accordance with the opinion of Rabbi Yehuda. The mishna on 9a states that in a case where the firstborn status of a donkey is uncertain, the owner must redeem it with a lamb to abrogate its forbidden status, and he may then keep the lamb. The Gemara on 9b explains that this is in accordance with the opinion of Rabbi Yehuda that a firstborn donkey is forbidden before its redemption. And you say that Reish Lakish rules that the halakha is in accordance with the opinion of Rabbi Shimon?
קלאוד על הדף:
The second objection is textual and stronger. The mishna on 9a, which instructs the owner of a safek firstborn to designate a lamb in order to release the donkey, was shown on 9b to presuppose that an unredeemed peter chamor is forbidden in benefit — which is R’ Yehuda’s position. A סתם mishna, taught anonymously, carries decisive weight. If the mishna itself is R’ Yehuda, a ruling that follows R’ Shimon cannot stand.
Key Terms:
- סְתַם מִשְׁנָה = an anonymous mishna, taught without attribution and therefore authoritative
- וְאַתְּ אָמְרַתְּ = and you say — the force of Ravina’s incredulity
Segment 10
TYPE: תירוץ
Ravina’s resolution: the seh is a leniency, so even R’ Yehuda permits redemption at value
Hebrew/Aramaic:
אֶלָּא, אֲפִילּוּ תֵּימָא רַבִּי יְהוּדָה, לֹא יְהֵא חָמוּר מִן הַהֶקְדֵּשׁ, וְלֹא אָמְרָה תּוֹרָה ״בְּשֶׂה״ לְהַחְמִיר עָלָיו אֶלָּא לְהָקֵל עָלָיו. רַב נַחְמָן בְּרֵיהּ דְּרַב יוֹסֵף פָּרֵיק לֵיהּ בְּשִׁילְקֵי בְּשׇׁוְיוֹ.
English Translation:
Ravina concludes: Rather, the statement of Reish Lakish is correct even if you say that the halakha is in accordance with the opinion of Rabbi Yehuda, as the halakha of a firstborn donkey should not be more stringent than that of consecrated items. One who redeems a consecrated animal from its consecrated status redeems it with any movable property that is worth its value. And the Torah did not state that one must redeem a firstborn donkey with a lamb in order to be stringent with the owner, but in order to be lenient with the owner such that he is not obligated to redeem it at its value, as a lamb is worth less than a donkey. The Gemara relates that Rav Naḥman, son of Rav Yosef, redeemed a firstborn donkey with boiled vegetables that were worth its value.
קלאוד על הדף:
Ravina rescues the ruling by reframing what R’ Yehuda’s particularity about the seh actually means. Hekdesh — property consecrated to the Temple — may be redeemed with any movable property worth its value; a peter chamor cannot be more stringent than that. And the Torah’s specification of a seh was never a restriction but a concession: לא אמרה תורה בשה להחמיר עליו אלא להקל עליו, allowing a cheap lamb to release an expensive donkey. A leniency cannot be inverted into a bar. The Gemara closes with a precedent: Rav Nachman son of Rav Yosef redeemed one with boiled vegetables at full value.
Key Terms:
- לֹא יְהֵא חָמוּר מִן הַהֶקְדֵּשׁ = it shall not be more stringent than consecrated property
- לְהָקֵל עָלָיו = to be lenient with him — the purpose of specifying a seh
- שִׁילְקֵי = boiled vegetables
- הֶקְדֵּשׁ = property consecrated to the Temple, redeemable with anything of equal value
Segment 11
TYPE: גמרא / איבעיא
Rav Sheizevi citing Rav Huna: a stranger’s redemption is valid — but who then owns the donkey?
Hebrew/Aramaic:
אָמַר רַב שֵׁיזְבִי אָמַר רַב הוּנָא: הַפּוֹדֶה פֶּטֶר חֲמוֹר שֶׁל חֲבֵירוֹ, פִּדְיוֹנוֹ פָּדוּי. אִיבַּעְיָא לְהוּ: פִּדְיוֹנוֹ לַפּוֹדֶה, אוֹ דִלְמָא פִּדְיוֹנוֹ לַבְּעָלִים?
English Translation:
Rav Sheizevi says that Rav Huna says: In the case of one who redeems the firstborn donkey of another, his object of redemption, i.e., the firstborn donkey, is redeemed, despite the fact that the owner did not redeem it. A dilemma was raised before the Sages: Does his object of redemption belong to the one who redeems it, or perhaps his object of redemption belongs to the owner?
קלאוד על הדף:
Rav Sheizevi transmits Rav Huna’s ruling that if someone other than the owner redeems a peter chamor, the redemption takes effect: פדיונו פדוי. That settles the act but opens a question of title. The redeemer laid out the lamb; the owner held the animal. Which of them ends up with a released donkey? The question is raised as an איבעיא, a formal dilemma, and the next several segments frame and resolve it.
Key Terms:
- פִּדְיוֹנוֹ פָּדוּי = his redemption is effective
- אִיבַּעְיָא לְהוּ = a dilemma was raised before them
- רַב שֵׁיזְבִי = a Babylonian amora who transmits teachings of Rav Huna
Segment 12
TYPE: גמרא
The dilemma arises only for R’ Yehuda, since for R’ Shimon the donkey was always the owner’s
Hebrew/Aramaic:
אַלִּיבָּא דְּרַבִּי שִׁמְעוֹן לָא תִּיבְּעֵי לָךְ, כֵּיוָן דְּאָמַר מוּתָּר בַּהֲנָאָה — מָמוֹנָא דִבְעָלִים הוּא, כִּי תִּיבְּעֵי אַלִּיבָּא דְּרַבִּי יְהוּדָה, דְּאָמַר אָסוּר בַּהֲנָאָה.
English Translation:
The Gemara clarifies: According to the opinion of Rabbi Shimon you should not raise the dilemma, since he says that prior to the redemption it is permitted for the owner to derive benefit from the firstborn donkey by using it for labor or renting it out. Therefore, it is the property of the owner, and giving a lamb to the priest does not change this status. When you raise the dilemma, it should be according to the opinion of Rabbi Yehuda, who says that it is prohibited to derive benefit from the firstborn donkey prior to its redemption. If so, it does not belong to the owner initially, and only redeeming the donkey with the lamb allows him to take possession of it.
קלאוד על הדף:
The Gemara narrows the question before answering it. R’ Shimon permits benefit from the unredeemed animal, so the donkey was ordinary property of the owner throughout and a stranger’s payment changes nothing about title — it merely discharges a debt. The dilemma lives only on R’ Yehuda’s premises, where the donkey was forbidden in benefit and therefore not usable property at all. On that view, redemption is the act that first makes the animal available, and the question of who benefits from that act is genuinely open.
Key Terms:
- אַלִּיבָּא דְּ = according to the opinion of
- מָמוֹנָא דִבְעָלִים = the property of the owner
- לָא תִּיבְּעֵי לָךְ = you need not raise the dilemma — the case is clear on that view
Segment 13
TYPE: איבעיא
The two horns: is it like hekdesh, where the payer acquires, or unlike it, since the owner keeps the margin?
Hebrew/Aramaic:
לְהֶקְדֵּשׁ מְדַמֵּי לֵיהּ, וְרַחֲמָנָא אָמַר: ״וְנָתַן הַכֶּסֶף וְקָם לוֹ״, אוֹ דִלְמָא, כֵּיוָן דְּקָנֵי לְהוּ בְּבֵינֵי וּבֵינֵי, לָא דָּמֵי לְהֶקְדֵּשׁ?
English Translation:
Consequently, one can ask whether the firstborn donkey is compared to consecrated property; and the Merciful One says with regard to redeeming consecrated property: “And he will give the money and it will be assured to him” (see Leviticus 27:19), which indicates that the one who gives the redemption money acquires the item even if he did not consecrate it initially. Or perhaps since the owner may redeem the firstborn donkey with a lamb that is worth less than the donkey, he owns the difference between the price of the donkey and the price of the lamb, and therefore it is not similar to consecrated property, where the one who consecrated it does not retain any ownership of the item.
קלאוד על הדף:
The dilemma is now stated precisely. One side compares the donkey to hekdesh, where the Torah says ונתן הכסף וקם לו — whoever pays the redemption money acquires the item, even a stranger who never consecrated it. The other side observes a structural difference: an owner who redeems a peter chamor keeps the דביני ביני, the margin between the donkey’s value and the cheaper lamb, so he never surrendered the animal in the way a consecrator surrenders hekdesh. Retaining an interest is what distinguishes the two cases.
Key Terms:
- וְנָתַן הַכֶּסֶף וְקָם לוֹ = and he shall give the money and it shall be assured to him (Vayikra 27:19)
- דְּבֵינֵי וּבֵינֵי = the in-between — the margin between the donkey’s value and the lamb’s
- לָא דָּמֵי לְהֶקְדֵּשׁ = it is not comparable to consecrated property
Segment 14
TYPE: תא שמע
Rav Nachman’s resolution from a baraita on double payment for theft
Hebrew/Aramaic:
אָמַר רַב נַחְמָן, תָּא שְׁמַע: הַגּוֹנֵב פֶּטֶר חֲמוֹר שֶׁל חֲבֵירוֹ — מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל לַבְּעָלִים, וְאַף עַל פִּי שֶׁאֵין לוֹ עַכְשָׁיו — יֵשׁ לוֹ לְאַחַר מִכָּאן.
English Translation:
Rav Naḥman said: Come and hear a resolution from a baraita: In the case of one who steals the firstborn donkey of another before it is redeemed and he is then caught, he pays the payment of double the principal to the owner (see Exodus 22:3). And even though the owner does not have rights to the donkey now, he does have rights to it afterward, i.e., after the redemption.
קלאוד על הדף:
Rav Nachman resolves the dilemma with a baraita about a different subject entirely. One who steals another’s unredeemed peter chamor pays כפל, the double payment a thief owes, and he pays it to the owner. The baraita even anticipates the obvious difficulty — the owner has no present rights in a forbidden animal — and answers that he has rights in it afterwards, once it is redeemed. That future interest is enough to make him the victim of the theft.
Key Terms:
- תַּשְׁלוּמֵי כֶפֶל = double payment — a thief restores the principal plus its equal (Shemot 22:3)
- תָּא שְׁמַע = come and hear — introducing a source offered to resolve a dilemma
- יֵשׁ לוֹ לְאַחַר מִכָּאן = he has rights in it afterwards
Segment 15
TYPE: גמרא
The baraita must be R’ Yehuda, since for R’ Shimon the owner has present rights
Hebrew/Aramaic:
מַנִּי? אִילֵימָא רַבִּי שִׁמְעוֹן, אַמַּאי אֵין לוֹ עַכְשָׁיו? אֶלָּא פְּשִׁיטָא רַבִּי יְהוּדָה.
English Translation:
The Gemara analyzes the baraita: Whose opinion does this follow? If we say that it is in accordance with the opinion of Rabbi Shimon, why does the owner not have rights to it now? Rabbi Shimon holds that it is permitted to derive benefit from a firstborn donkey even before its redemption. Rather, it is obvious that it is in accordance with the opinion of Rabbi Yehuda, who deems it prohibited to derive benefit from a firstborn donkey prior to its redemption.
קלאוד על הדף:
Before the proof can work, the baraita must be attributed. Its phrase אין לו עכשיו — he does not have it now — is incoherent on R’ Shimon’s view, for whom the owner may use and rent the donkey at once. The clause only makes sense for R’ Yehuda, who forbids all benefit until redemption. So the baraita speaks on precisely the premises where the dilemma arose.
Key Terms:
- אֵין לוֹ עַכְשָׁיו = he does not have it now — the phrase that fixes the attribution
- פְּשִׁיטָא רַבִּי יְהוּדָה = it is obviously R’ Yehuda
Segment 16
TYPE: מסקנא
The decisive proof: hekdesh carries no double payment, so the donkey is not hekdesh
Hebrew/Aramaic:
וְאִי סָלְקָא דַעְתָּךְ לְהֶקְדֵּשׁ מְדַמֵּינַן לֵיהּ, ״וְגֻנַּב מִבֵּית הָאִישׁ״ אָמַר רַחֲמָנָא, וְלֹא מִבֵּית הֶקְדֵּשׁ! וְתוּ לָא מִידֵּי.
English Translation:
And if it enters your mind that we compare it to consecrated property, then why must the thief pay double the principal? Doesn’t the Merciful One state with regard to the double payment of a thief: “And it be stolen from the man’s house” (Exodus 22:6), indicating: But not when it is stolen from the Temple treasury? In such a case the thief does not pay double. Evidently, a firstborn donkey does not have the status of consecrated property, and if another person redeemed it, it still belongs to the owner. The Gemara concludes: And nothing more remains to be said about this issue, as this is a clear proof.
קלאוד על הדף:
The argument closes cleanly. The Torah restricts the thief’s double payment to goods stolen וגנב מבית האיש — from a man’s house — which Chazal read as excluding theft from the Temple treasury; a thief of hekdesh pays no kefel. Since the baraita imposes kefel on one who steals a peter chamor, the donkey cannot have hekdesh status. And if it is not hekdesh, ונתן הכסף וקם לו does not govern it, and a stranger’s redemption leaves title with the owner. The Gemara marks the strength of the proof with ותו לא מידי — there is nothing further to say.
Key Terms:
- וְגֻנַּב מִבֵּית הָאִישׁ = and it be stolen from the man’s house (Shemot 22:6)
- וְלֹא מִבֵּית הֶקְדֵּשׁ = and not from the Temple treasury — hekdesh carries no double payment
- וְתוּ לָא מִידֵּי = and nothing more — the Gemara’s marker of a conclusive proof
Segment 17
TYPE: ברייתא
Returning to the mishna: in what case does the safek lamb enter the pen for ma’aser beheima?
Hebrew/Aramaic:
אַחַת בִּיכְּרָה וְאַחַת שֶׁלֹּא בִּיכְּרָה [כּוּ׳]. תָּנוּ רַבָּנַן: כֵּיצַד אָמְרוּ נִכְנַס לְדִיר לְהִתְעַשֵּׂר?
English Translation:
The mishna states that if a person owned two donkeys, and one had previously given birth and one had not previously given birth, and they gave birth to a male and a female, and it is not clear which donkey gave birth to the male and which to the female, he designates one lamb as redemption due to the uncertainty, as perhaps the one that had not previously given birth was the one that gave birth to the male. The mishna also states that this lamb is tithed with the other non-sacred animals. With regard to this point, the Gemara states that the Sages taught in a baraita: In what case did the Sages say that this lamb enters the pen in order to be tithed?
קלאוד על הדף:
The Gemara now picks up a clause left unexplained since the mishna on 9a, which said the safek lamb the owner retains נכנס לדיר להתעשר — it enters the pen to be counted for the animal tithe. A baraita asks what case that describes, since the ruling presupposes an animal that is fully the owner’s and subject to tithe. The question turns out to require a specific and rather artificial setup, supplied in the next segment.
Key Terms:
- נִכְנָס לְדִיר לְהִתְעַשֵּׂר = it enters the pen to be tithed — subject to ma’aser beheima
- מַעְשַׂר בְּהֵמָה = the animal tithe, in which every tenth animal is consecrated
Segment 18
TYPE: ברייתא
Not a lamb in the kohen’s hand — rather, ten safek donkeys and ten lambs the owner keeps
Hebrew/Aramaic:
אִי אַתָּה יָכוֹל לוֹמַר בְּבָא לְיַד כֹּהֵן, שֶׁהֲרֵי שָׁנִינוּ: הַלָּקוּחַ וְשֶׁנִּיתַּן לוֹ בְּמַתָּנָה פָּטוּר מִמַּעְשַׂר בְּהֵמָה, אֶלָּא בְּיִשְׂרָאֵל שֶׁהָיוּ לוֹ עֲשָׂרָה סְפֵק פִּטְרֵי חֲמוֹרִים בְּתוֹךְ בֵּיתוֹ, שֶׁמַּפְרִישׁ עֲלֵיהֶן עֲשָׂרָה שֵׂיִין, וּמְעַשְּׂרָן, וְהֵן שֶׁלּוֹ.
English Translation:
You cannot say that this is referring to a case where the lamb had already entered the possession of a priest, as we learned in a mishna (55b): An animal that was purchased by a person or that was given to him as a present is exempt from animal tithe, and this lamb was given as a present to the priest. Rather, it is referring to an Israelite who has ten donkeys in his house whose firstborn status is uncertain, who designates ten lambs for them in order to redeem them due to the uncertainty, and he tithes those lambs as well, and they are his.
קלאוד על הדף:
The baraita rules out the obvious reading first. A lamb that reached the kohen came to him as a gift, and we learned at 55b that הלקוח ושניתן לו במתנה פטור ממעשר בהמה — animals bought or received as gifts are exempt from the animal tithe. So the clause cannot concern the kohen’s lamb. It must concern the owner’s: a Jew holding ten donkeys of doubtful firstborn status designates ten lambs against them, and because each is only a safek the kohen can claim none of them. Ten retained lambs make a full herd of ten, and the tithe applies.
Key Terms:
- הַלָּקוּחַ וְשֶׁנִּיתַּן לוֹ בְּמַתָּנָה = an animal purchased or received as a gift, exempt from the animal tithe
- סְפֵק פִּטְרֵי חֲמוֹרִים = donkeys of doubtful firstborn status
- וְהֵן שֶׁלּוֹ = and they are his
Segment 19
TYPE: גמרא
The baraita supports Rav Nachman in the name of Rabba bar Avuh
Hebrew/Aramaic:
מְסַיַּיע לֵיהּ לְרַב נַחְמָן, דְּאָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: יִשְׂרָאֵל שֶׁהָיוּ לוֹ עֲשָׂרָה סְפֵק פִּטְרֵי חֲמוֹרִים — מַפְרִישׁ עֲלֵיהֶן עֲשָׂרָה שֵׂיִין, וּמְעַשְּׂרָן, וְהֵן שֶׁלּוֹ.
English Translation:
The Gemara comments that this baraita supports the statement of Rav Naḥman, as Rav Naḥman says that Rabba bar Avuh says: An Israelite who has in his house ten donkeys whose firstborn status is uncertain designates ten lambs to redeem them, and tithes the lambs, separating one as a tithe, and they all belong to him, as a priest cannot prove that he is entitled to any of the ten.
קלאוד על הדף:
The Gemara notes that the baraita corroborates a ruling already transmitted by Rav Nachman in the name of Rabba bar Avuh in identical terms. The principle at work is המוציא מחבירו עליו הראיה from the mishna itself: each lamb is claimable only on a doubt, the kohen can prove nothing about any of them, and so all ten stay with the owner and form a tithable flock.
Key Terms:
- מְסַיַּיע לֵיהּ = it supports him — a baraita corroborating an amoraic ruling
- רַבָּה בַּר אֲבוּהּ = a Babylonian amora, a student of Rav
Segment 20
TYPE: גמרא
A second ruling: ten certain firstborn donkeys inherited through a kohen grandfather
Hebrew/Aramaic:
וְאָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: יִשְׂרָאֵל שֶׁהָיוּ לוֹ עֲשָׂרָה פִּטְרֵי חֲמוֹרִים וַדָּאִין בְּתוֹךְ בֵּיתוֹ, שֶׁנָּפְלוּ מִבֵּית אֲבִי אִמּוֹ כֹּהֵן, וְאוֹתוֹ אֲבִי אִמּוֹ כֹּהֵן נָפְלוּ לוֹ מִבֵּית אֲבִי אִמּוֹ יִשְׂרָאֵל.
English Translation:
And in addition, Rav Naḥman says that Rabba bar Avuh says: In the case of an Israelite who has ten certain firstborn donkeys in his house that were bequeathed to him from the household of his mother’s father, who was a priest and was therefore exempt from the redemption of firstborn donkeys, but that mother’s father who was a priest had the donkeys bequeathed to him from the household of his mother’s father, who was an Israelite, the donkeys initially required redemption, and the priest should have redeemed them with lambs, though it was permitted for him to keep the lambs for himself.
קלאוד על הדף:
Rav Nachman now transmits a more intricate case from the same teacher. An Israelite inherits ten certain firstborn donkeys from his mother’s father, who was a kohen — and a kohen owes no redemption, since he would be paying himself. But the chain does not end there: that kohen grandfather had himself inherited the donkeys from his own mother’s father, an Israelite, for whom they genuinely required redemption. The obligation therefore arose, and the kohen could have discharged it by designating lambs and keeping them.
Key Terms:
- פִּטְרֵי חֲמוֹרִים וַדָּאִין = certain firstborn donkeys, as against doubtful ones
- שֶׁנָּפְלוּ = which fell to him, i.e. came by inheritance
- אֲבִי אִמּוֹ = his mother’s father
Segment 21
TYPE: גמרא
The ruling: the Israelite heir designates, tithes, and keeps the lambs
Hebrew/Aramaic:
מַפְרִישׁ עֲלֵיהֶן עֲשָׂרָה שֵׂיִין, וּמְעַשְּׂרָן, וְהֵן שֶׁלּוֹ.
English Translation:
Therefore, his grandson, who inherits these donkeys and is an Israelite, designates ten lambs for them and tithes them and they are his, as if his grandfather had designated the lambs himself and bequeathed them to him.
קלאוד על הדף:
The conclusion follows from what the kohen grandfather could have done. Since he was entitled to designate lambs and retain them, the law treats the position as though he had, and the Israelite grandson inherits that entitlement along with the donkeys. He designates ten lambs, tithes them, and they are his. The reasoning is a quiet but far-reaching one: an heir inherits not only property but the legal posture of the one he inherits from.
Key Terms:
- מַפְרִישׁ עֲלֵיהֶן = he designates lambs against them
- וּמְעַשְּׂרָן = and he tithes them
Segment 22
TYPE: גמרא
A third, parallel ruling: smoothed tevel inherited through the same chain
Hebrew/Aramaic:
וְאָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: יִשְׂרָאֵל שֶׁהָיוּ לוֹ טְבָלִים מְמוֹרָחִין בְּתוֹךְ בֵּיתוֹ, שֶׁנָּפְלוּ מִבֵּית אֲבִי אִמּוֹ כֹּהֵן, וְאוֹתוֹ אֲבִי אִמּוֹ כֹּהֵן נָפְלוּ לוֹ מִבֵּית אֲבִי אִמּוֹ יִשְׂרָאֵל — מְעַשְּׂרָן וְהֵן שֶׁלּוֹ.
English Translation:
And likewise, Rav Naḥman says that Rabba bar Avuh says: In the case of an Israelite who has smoothed piles of untithed produce in his house, from which one is obligated to separate teruma for the priests and tithes for the Levites, and it is produce that was bequeathed to him from the household of his mother’s father, who was a priest, and that mother’s father who was a priest previously had it bequeathed to him from the household of his mother’s father, who was an Israelite, he separates teruma and tithes from the produce and it is his, just as if his grandfather who was a priest had tithed the produce, acquired the tithe, and bequeathed it to him as an inheritance.
קלאוד על הדף:
Rav Nachman gives the same structure a second application. Smoothed piles of untithed produce, from which teruma is owed to kohanim and maaser to levi’im, pass down the identical chain — Israelite great-grandfather, kohen grandfather, Israelite heir. Here too the heir separates the gifts and keeps them, as though the kohen grandfather had separated and acquired them in his lifetime and bequeathed them onward.
Key Terms:
- טְבָלִים מְמוֹרָחִין = untithed produce whose processing has been completed by smoothing the pile
- מֵירוּחַ = smoothing the heap of grain — the act that completes processing and triggers the tithe obligation
- תְּרוּמָה = the priestly portion separated from produce
Segment 23
TYPE: גמרא
וצריכא — why the donkey case alone would not have taught the produce case
Hebrew/Aramaic:
וּצְרִיכָא, דְּאִי אַשְׁמְעִינַן קַמַּיְיתָא — מִשּׁוּם דְּקָא מַפְרַישׁ וְקָאֵי.
English Translation:
The Gemara comments that both rulings of Rav Naḥman, i.e., the one concerning firstborn donkeys and the one concerning untithed produce, are necessary. Because had he taught us only the first case, i.e., that of the firstborn donkeys, one could claim that perhaps only in that case the Israelite grandson may keep the lambs; it is considered as if his grandfather who was a priest designated the lambs and acquired them because they stand separated. An act of separation would have been unnecessary, as the priest could have simply declared that his own lambs were serving to redeem the donkeys.
קלאוד על הדף:
The Gemara justifies stating both rulings. Had only the donkeys been taught, one might have confined the principle to them, because there the lambs מפריש וקאי — a kohen owning lambs could simply declare them the redemption, with no act of separation required at all, so the entitlement is as good as exercised. Produce is different: an actual separation must be performed and the portion designated before a kohen acquires anything.
Key Terms:
- וּצְרִיכָא = and both were necessary — neither case could be inferred from the other
- מַפְרִישׁ וְקָאֵי = it stands already separated, requiring no further act
Segment 24
TYPE: גמרא
The counter-consideration: gifts not yet separated are as though not separated
Hebrew/Aramaic:
אֲבָל הָכָא — מַתָּנוֹת שֶׁלֹּא הוּרְמוּ כְּמִי שֶׁלֹּא הוּרְמוּ דָּמְיָין, אֵימָא לָא.
English Translation:
But here, with regard to the untithed produce, one must separate the teruma and declare it as such in order for the priest to acquire it. Therefore, perhaps gifts to which members of the priesthood are entitled that were not separated are treated as if they were not separated, even if they were already in the possession of a priest. If so, say that it is not considered as if his grandfather who was a priest acquired the teruma.
קלאוד על הדף:
The reason the produce case might have failed is stated as a principle: מתנות שלא הורמו כמי שלא הורמו דמיין. Priestly gifts that have not yet been physically separated do not yet belong to a kohen, even when the produce sits in a kohen’s own house. On that principle the kohen grandfather never acquired the teruma at all, and there would be nothing for the Israelite heir to inherit. Hence the produce case had to be taught in its own right.
Key Terms:
- מַתָּנוֹת שֶׁלֹּא הוּרְמוּ = priestly gifts that have not been separated out
- כְּמִי שֶׁלֹּא הוּרְמוּ דָּמְיָין = are treated as though they were not separated
- אֵימָא לָא = say it is not so — the mistaken inference the second case forestalls
Segment 25
TYPE: גמרא
And why the produce case alone would not have taught the donkey case
Hebrew/Aramaic:
וְאִי אַשְׁמְועִינַן הָכָא — דְּאֶפְשָׁר לְעַשּׂוֹרֵי מִינֵּיהּ וּבֵיהּ, דְּהָא מַנַּח, אֲבָל הָתָם — כֵּיוָן דְּשֶׂה מֵעָלְמָא בָּעֵי אֵתוֹיֵי, וּמַפְרַישׁ וְקָאֵי, אֵימָא לָא, צְרִיכָא.
English Translation:
And had Rav Naḥman taught us only here, with regard to untithed produce, that it is treated as if his grandfather who was a priest separated the teruma and acquired it, one might claim that this is only because it is possible to tithe the produce from itself, as both the untithed produce and the teruma that will be separated from it lie together. But there, with regard to a firstborn donkey, since one needs to bring a lamb from elsewhere to redeem it, say that the principle that the lamb stands separated and does not require additional separation is not applied. Therefore, it is necessary for both cases to be stated.
קלאוד על הדף:
The צריכא is symmetrical. Had only the produce been taught, one might have confined the principle there, because produce can be tithed מיניה וביה — from itself, since the portion and the pile lie together and nothing need be fetched. A donkey is different: the redeeming lamb is a separate animal that must be brought שה מעלמא, from outside, and one might have supposed that a lamb never brought cannot be treated as though designated. Each case blocks an inference the other would have invited.
Key Terms:
- מִינֵּיהּ וּבֵיהּ = from itself — tithing the pile from the pile
- שֶׂה מֵעָלְמָא בָּעֵי אֵתוֹיֵי = he must bring a lamb from elsewhere
- דְּהָא מַנַּח = for it lies there, i.e. the produce is already at hand
Segment 26
TYPE: גמרא
R’ Shmuel bar Natan citing R’ Chanina on buying tevel — the sentence runs into 11b
Hebrew/Aramaic:
אָמַר רַבִּי שְׁמוּאֵל בַּר נָתָן אָמַר רַבִּי חֲנִינָא: הַלּוֹקֵחַ טְבָלִים
English Translation:
The Gemara discusses a variation of the previous case. Rabbi Shmuel bar Natan says that Rabbi Ḥanina says: With regard to one who purchases untithed produce
קלאוד על הדף:
The daf’s final movement opens with a new ruling in the same conceptual family: a purchase that carries produce out of the ordinary obligation to hand priestly gifts over. R’ Shmuel bar Natan transmits R’ Chanina’s teaching about one who buys untithed produce, and the statement breaks off mid-sentence at the turn of the amud. The connection to the preceding rulings is the shared question of when separation must be accompanied by surrender.
Key Terms:
- הַלּוֹקֵחַ = one who purchases
- טְבָלִים = untithed produce, from which gifts have not yet been separated
- רַבִּי חֲנִינָא = an amora of Eretz Yisrael
Amud Bet (11b)
Segment 1
TYPE: גמרא
The completion: smoothed tevel bought from a gentile is tithed, and the portions stay with the buyer
Hebrew/Aramaic:
מְמוֹרָחִין מִן הַגּוֹי, מְעַשְּׂרָן וְהֵן שֶׁלּוֹ.
English Translation:
that is gathered in smoothed piles, from a gentile, he tithes the piles but they are his, as he is not required to give the teruma to a priest or the tithes to a Levite.
קלאוד על הדף:
The sentence finishes: the produce is bought from a gentile, and the buyer tithes it but keeps everything — no teruma to a kohen, no maaser to a levi. The ruling is striking, since the obligation to separate remains fully in force while the obligation to hand over evaporates. The next two segments unpack how that split is possible, and it turns out to depend entirely on who performed the מירוח.
Key Terms:
- מִן הַגּוֹי = from a gentile
- מְעַשְּׂרָן וְהֵן שֶׁלּוֹ = he tithes them and they are his
- לֵוִי = a Levite, the recipient of maaser rishon
Segment 2
TYPE: קושיא
If the gentile smoothed the piles, there would be no obligation at all
Hebrew/Aramaic:
דְּמָרְחִינְהוּ מַאן? אִילֵימָא דְּמָרְחִינְהוּ גּוֹי — ״דְּגָנְךָ״ אָמַר רַחֲמָנָא, וְלֹא דְּגַן גּוֹי!
English Translation:
The Gemara asks: Who smoothed the piles? If we say that a gentile smoothed them, doesn’t the Merciful One state: “Your grain” (Deuteronomy 12:17, 18:4), with regard to teruma and tithes, indicating that only grain whose processing is completed by a Jew is subject to the rules of teruma and tithes, but not the grain of a gentile?
קלאוד על הדף:
The Gemara probes the case by asking who completed the processing. If the gentile performed the מירוח, the ruling proves nothing, because the Torah restricts the tithe obligation to דגנך — your grain — and not the grain of a gentile. Such produce would carry no obligation to separate whatsoever, and the ruling’s whole point is that separation IS required while surrender is not.
Key Terms:
- דְּגָנְךָ = your grain (Devarim 12:17, 18:4) — restricting the obligation to a Jew’s produce
- דְּמָרְחִינְהוּ מַאן = who smoothed them — the question that determines the case
Segment 3
TYPE: תירוץ
A Jew smoothed them in the gentile’s domain: separation is required, surrender is not
Hebrew/Aramaic:
אֶלָּא דְּמָרְחִינְהוּ יִשְׂרָאֵל מֵרְשׁוּת גּוֹי. מְעַשְּׂרָן, דְּאֵין קִנְיָן לְגוֹי בְּאֶרֶץ יִשְׂרָאֵל לְהַפְקִיעַ מִיַּד מַעֲשֵׂר, וְהֵן שֶׁלּוֹ — דְּאָמַר לֵיהּ: קָאָתֵינָא מִכֹּחַ גַּבְרָא דְּלָא מָצֵית (אִישְׁתַּעֵית) [אִישְׁתַּעוֹיֵי] דִּינָא בַּהֲדֵיהּ.
English Translation:
Rather, clearly a Jew smoothed them while they were in the possession of the gentile before purchasing them. Therefore, he tithes them, as a gentile has no capability of acquisition of land in Eretz Yisrael that would cause the abrogation of the sanctity of the land, thereby removing it from the obligation to tithe its produce. But the tithes are still the Jew’s, as he says to the priest: I have come to own this produce on the basis of the rights of a man with whom you cannot engage in litigation, i.e., a gentile, from whom I bought the produce. Since he is not obligated to give teruma or tithes to the priest, I am not required to give them either.
קלאוד על הדף:
The case is reconstructed so that both halves hold. A Jew performed the מירוח while the produce still stood in the gentile’s possession, which triggers the obligation to separate — because אין קנין לגוי בארץ ישראל להפקיע מיד מעשר, a gentile’s ownership of land in Eretz Yisrael cannot strip the land’s produce of its tithe obligation. But the buyer keeps the portions, and the Gemara gives him a line to say to the claiming kohen: קאתינא מכח גברא דלא מצית אישתעויי דינא בהדיה — I derive my title from a man against whom you have no claim in law. Title traced through someone who owed nothing yields nothing owed.
Key Terms:
- אֵין קִנְיָן לְגוֹי בְּאֶרֶץ יִשְׂרָאֵל = a gentile has no acquisition in Eretz Yisrael that abrogates the tithe obligation
- לְהַפְקִיעַ מִיַּד מַעֲשֵׂר = to release from the obligation of tithe
- מִכֹּחַ גַּבְרָא = by the legal power of a man, i.e. deriving title through him
Segment 4
TYPE: משנה
A mishna from Demai: produce deposited with a Kuti or an am ha’aretz keeps its status
Hebrew/Aramaic:
תְּנַן הָתָם: הַמַּפְקִיד פֵּירוֹתָיו אֵצֶל הַכּוּתִי וְאֵצֶל עַם הָאָרֶץ, בְּחֶזְקָתָן לַמַּעֲשֵׂר וְלַשְּׁבִיעִית.
English Translation:
The Gemara cites an additional discussion involving this issue: We learned in a mishna elsewhere (Demai 3:4) that with regard to one who deposits his produce with a Samaritan or with one who is unreliable with regard to tithes [am ha’aretz], when they return it to him, the produce retains its presumptive status with regard to the halakhot of tithe and produce of the Sabbatical Year, both of which must be removed from one’s property. The Samaritan or am ha’aretz is not suspected of having exchanged the deposited produce with untithed produce or produce of the Sabbatical Year.
קלאוד על הדף:
The Gemara cites a mishna from Demai to develop the theme. Produce left on deposit with a Kuti or with an am ha’aretz — one not trusted regarding tithes — is returned with its presumptive status intact for both maaser and shevi’it. Neither is suspected of having swapped the deposit for produce of his own, so no new doubt attaches to what comes back.
Key Terms:
- הַמַּפְקִיד = one who deposits an item for safekeeping
- עַם הָאָרֶץ = one not trusted regarding the separation of tithes
- בְּחֶזְקָתָן = in their presumptive status, unchanged
- שְׁבִיעִית = produce of the Sabbatical year, subject to its own restrictions
Segment 5
TYPE: משנה
But produce deposited with a gentile is treated as his own; R’ Shimon says demai
Hebrew/Aramaic:
אֵצֶל הַגּוֹי — כְּפֵירוֹתָיו, רַבִּי שִׁמְעוֹן אוֹמֵר: דְּמַאי.
English Translation:
But in the case of one who deposits his produce with a gentile, the produce returned to him is treated as the produce of the gentile, as he presumably exchanged it with his own. Rabbi Shimon says: It is treated as doubtfully tithed produce [demai], as it is uncertain whether the gentile exchanged the produce or not.
קלאוד על הדף:
The mishna’s second clause changes the presumption. Produce deposited with a gentile is treated כפירותיו, as though it were his own produce, on the assumption that he exchanged it. R’ Shimon dissents and classifies it as דמאי — doubtfully tithed — since the exchange is a supposition rather than a certainty, and demai carries its own lighter regime.
Key Terms:
- כְּפֵירוֹתָיו = like his own produce — presumed exchanged
- דְּמַאי = produce whose tithing is doubtful, governed by a lighter set of rules
Segment 6
TYPE: גמרא
R’ Elazar locates the dispute: not whether to separate, but whether to hand over
Hebrew/Aramaic:
אָמַר רַבִּי אֶלְעָזָר: לְהַפְרִישׁ — כּוּלֵּי עָלְמָא לָא פְּלִיגִי, כִּי פְּלִיגִי — לִיתְּנָן לְכֹהֵן. תַּנָּא קַמָּא סָבַר: וַדַּאי חַלְּפִינְהוּ, וּבָעֵי מִיתְּנַנְהוּ לְכֹהֵן, וְרַבִּי שִׁמְעוֹן סָבַר: דְּמַאי.
English Translation:
The mishna continues: Rabbi Elazar says: Everyone agrees that one is obligated to separate teruma and tithes from the produce that the gentile returned to him. When they disagree it is with regard to giving it to the priest following the separation. The first tanna holds that the gentile certainly exchanged the produce, and therefore the owner needs to give the teruma to the priest. And Rabbi Shimon holds that the produce is treated as demai, so in order to receive teruma, the priest must bring proof that the produce requires tithing.
קלאוד על הדף:
R’ Elazar clarifies that the two tanna’im do not disagree about separation at all — that is required on every view. The dispute concerns what happens next. The tanna kamma, holding the exchange certain, requires the portion to be given to the kohen. R’ Shimon, holding it merely doubtful, treats the produce as demai, in which case the kohen must produce proof before he can collect. The disagreement is about burden of proof, not about obligation.
Key Terms:
- לְהַפְרִישׁ = to separate the priestly and levitical portions
- לִיתְּנָן לְכֹהֵן = to give them to the kohen
- כּוּלֵּי עָלְמָא לָא פְּלִיגִי = everyone agrees, there is no dispute on this point
Segment 7
TYPE: קושיא
Abaye challenges Rav Dimi from R’ Chanina’s ruling
Hebrew/Aramaic:
יָתֵיב רַב דִּימִי וְקָאָמַר לְהָא שְׁמַעְתָּא, אֲמַר לֵיהּ אַבָּיֵי: טַעְמָא דִּמְסַפְּקָא לַן אִי חַלְּפִינְהוּ אִי לָא חַלְּפִינְהוּ, הָא וַדַּאי חַלְּפִינְהוּ — דְּכוּלֵּי עָלְמָא בָּעֵי לְמִיתְּבִינְהוּ לְכֹהֵן, וְהָאָמַר רַבִּי שְׁמוּאֵל אָמַר רַבִּי חֲנִינָא: הַלּוֹקֵחַ טְבָלִים מִן הַגּוֹי מְמוֹרָחִין — מְעַשְּׂרָן וְהֵן שֶׁלּוֹ!
English Translation:
Rav Dimi sat and stated this halakha of Rabbi Elazar. Abaye said to him: The reason that Rabbi Shimon disagrees is that we are uncertain whether the gentile exchanged it or whether he did not exchange it. But if he definitely exchanged it, everyone agrees that he is required to give the teruma and tithes to a priest. Why? But doesn’t Rabbi Shmuel say that Rabbi Ḥanina says: In the case of one who purchases untithed produce from a gentile that is gathered in smoothed piles, i.e., it was completely processed, he tithes and separates teruma from the piles of produce but they are his, and he is not required to give the teruma to a priest?
קלאוד על הדף:
Rav Dimi was reciting R’ Elazar’s analysis when Abaye raised a sharp objection. If R’ Shimon’s leniency rests on the uncertainty, then where the exchange is certain all would agree the kohen must be paid. But R’ Chanina ruled earlier on this very daf that one who buys smoothed tevel from a gentile tithes it and keeps everything — a case of certain gentile provenance where nothing is handed over. The two positions appear irreconcilable.
Key Terms:
- רַב דִּימִי = an amora who carried teachings between Eretz Yisrael and Bavel
- טַעְמָא דְּ = the reason is that — isolating what a ruling depends on
- וַדַּאי חַלְּפִינְהוּ = he certainly exchanged them
Segment 8
TYPE: תירוץ
Rav Dimi distinguishes teruma gedola from terumat maaser
Hebrew/Aramaic:
דִּלְמָא כָּאן בִּתְרוּמָה גְּדוֹלָה, כָּאן בִּתְרוּמַת מַעֲשֵׂר!
English Translation:
Rav Dimi said to him: Perhaps here, in the mishna that indicates that he must give the teruma to a priest, it is referring to teruma gedola, i.e., the teruma that is separated from the produce before tithes, whereas there, Rabbi Ḥanina’s statement that he separates tithes from them but they are his is referring to the teruma that is separated from the tithe.
קלאוד על הדף:
Rav Dimi answers by separating two different priestly portions. תרומה גדולה is taken first, straight from the pile, before any tithes; תרומת מעשר is what the levi separates from the maaser he receives. The mishna requiring surrender to the kohen speaks of the former; R’ Chanina’s leniency speaks of the latter. Once the two are distinguished, both rulings can stand.
Key Terms:
- תְּרוּמָה גְּדוֹלָה = the great teruma, separated from the produce before any tithes
- תְּרוּמַת מַעֲשֵׂר = the tithe of the tithe, separated by the levi from his maaser and given to a kohen
- דִּלְמָא = perhaps — introducing a tentative distinction
Segment 9
TYPE: גמרא
Abaye: you have reminded me — R’ Yehoshua ben Levi’s derivation for exactly that exemption
Hebrew/Aramaic:
אַזְכַּרְתַּן מִילְּתָא דְּאָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: מִנַּיִן לַלּוֹקֵחַ טְבָלִים מְמוֹרָחִין מִן הַגּוֹי שֶׁהוּא פָּטוּר מִתְּרוּמַת מַעֲשֵׂר? שֶׁנֶּאֱמַר: ״וְאֶל הַלְוִיִּם תְּדַבֵּר וְאָמַרְתָּ אֲלֵיהֶם כִּי תִקְחוּ מֵאֵת בְּנֵי יִשְׂרָאֵל״, טְבָלִים שֶׁאַתָּה לוֹקֵחַ מִבְּנֵי יִשְׂרָאֵל — אַתָּה מַפְרִישׁ מֵהֶן תְּרוּמַת מַעֲשֵׂר וְנוֹתְנָהּ לַכֹּהֵן, טְבָלִים שֶׁאַתָּה לוֹקֵחַ מִן הַגּוֹי — אִי אַתָּה מַפְרִישׁ מֵהֶן תְּרוּמַת מַעֲשֵׂר וְנוֹתְנָהּ לַכֹּהֵן.
English Translation:
Abaye said to him: You reminded me of a statement that Rabbi Yehoshua ben Levi said: From where is it derived that one who purchases from a gentile untithed produce that is gathered in smoothed piles is exempt from separating the teruma of the tithe? It is derived from a verse, as it is stated: “And you shall speak to the Levites, and say to them: When you take the tithe from the children of Israel…then you shall set apart of it a gift for the Lord, even a tithe of the tithe” (Numbers 18:26). It can be inferred from here that concerning untithed produce that you purchase from the children of Israel, you separate teruma of the tithe from it and give the teruma of the tithe to a priest, but concerning untithed produce that you purchase from a gentile, you do not separate teruma of the tithe from it and give it to a priest.
קלאוד על הדף:
Abaye’s reply is one of the warmer moments in the sugya: אזכרתן מילתא, you have reminded me of something. Rav Dimi’s distinction turns out to have a scriptural basis already taught by R’ Yehoshua ben Levi. The verse addressing the levi’im says כי תקחו מאת בני ישראל — when you take from the children of Israel — and the specification is read as restrictive. Tevel taken from Israelites carries terumat maaser to be given to a kohen; tevel taken from a gentile does not. Rav Dimi’s answer is thereby confirmed from a verse.
Key Terms:
- אַזְכַּרְתַּן מִילְּתָא = you have reminded me of a matter
- כִּי תִקְחוּ מֵאֵת בְּנֵי יִשְׂרָאֵל = when you take from the children of Israel (Bamidbar 18:26)
- רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי = an amora of Eretz Yisrael of the first generation
Segment 10
TYPE: קושיא
The mishna’s last clause: if the lamb dies one may benefit from it — but where did it die?
Hebrew/Aramaic:
וְאִם מֵת נֶהֱנִים בּוֹ. דְּמִית הֵיכָא? אִילֵּימָא דְּמִית בֵּי כֹהֵן, וְנֶהֱנֶה בּוֹ כֹּהֵן — פְּשִׁיטָא, מָמוֹנָא דִּידֵיהּ הוּא! אֶלָּא, דְּמִית בֵּי בְעָלִים וְנֶהֱנֶה בּוֹ כֹּהֵן — הָא נָמֵי פְּשִׁיטָא!
English Translation:
The mishna teaches with regard to the lamb that is used to redeem the firstborn donkey: And if it dies, one may derive benefit from it. The Gemara asks: Where did it die? If we say that it died in the house of the priest, and the mishna means that the priest may derive benefit from it, isn’t it obvious? The lamb is his property. Rather, perhaps the mishna means that it died in the house of the owner before it was given to the priest, and teaches that the priest may derive benefit from it. Isn’t this also obvious?
קלאוד על הדף:
The daf returns to the mishna of 9a one final time, to its closing words ואם מת נהנין בו. The Gemara cannot find the novelty. If the lamb died in the kohen’s house and the kohen benefits, that is obvious — it is simply his. If it died in the owner’s house and the kohen benefits, that too seems obvious, since the owner designated it precisely so the kohen should have it. Neither reading yields a teaching worth stating.
Key Terms:
- וְאִם מֵת נֶהֱנִין בּוֹ = and if it dies, one may derive benefit from it
- מָמוֹנָא דִּידֵיהּ הוּא = it is his own property
- בֵּי כֹהֵן / בֵּי בְעָלִים = in the kohen’s house / in the owner’s house
Segment 11
TYPE: תירוץ / מסקנא
The novelty: the kohen acquires the lamb from the moment of designation
Hebrew/Aramaic:
סָלְקָא דַעְתָּךְ אָמֵינָא, כֹּל כַּמָּה דְּלָא מְטָא לִידֵיהּ לָא זְכָה בֵּיהּ, קָא מַשְׁמַע לַן דְּמֵעִידָּנָא דְּאַפְרְשֵׁיהּ, בִּרְשׁוּתֵיהּ דְּכֹהֵן קָאֵי.
English Translation:
The Gemara responds: It might enter your mind to say that as long as the lamb has not reached the possession of the priest, the priest has not acquired it. Therefore, the mishna teaches us that from the time that the Israelite separated it, it stands in the possession of the priest.
קלאוד על הדף:
The answer supplies a real and practical teaching. One might have assumed that the kohen’s title begins only when the lamb physically reaches his hand, so that a lamb dying in the owner’s yard was never his and its carcass would be the owner’s problem. The mishna rules otherwise: מעידנא דאפרשיה ברשותיה דכהן קאי — from the instant the Israelite set it aside, the lamb stands in the kohen’s possession. Designation, not delivery, transfers ownership, and the loss of an animal that dies before collection therefore falls on the kohen.
Key Terms:
- מֵעִידָּנָא דְּאַפְרְשֵׁיהּ = from the moment he separated it
- בִּרְשׁוּתֵיהּ דְּכֹהֵן קָאֵי = it stands in the kohen’s domain, i.e. is already his
- לָא מְטָא לִידֵיהּ = it has not reached his hand