Bechorot Daf 23 (בכורות דף כ״ג)
Daf: 23 | Amudim: 23a – 23b | Date: Loading...
📖 Breakdown
Amud Aleph (23a)
Segment 1
TYPE: ברייתא
Even by Rabbi Eliezer the leftover produce must be kept dry — Ulla: lest nullified impurity ‘find its kind’
Hebrew/Aramaic:
לְרַבִּי אֱלִיעֶזֶר מָה תְּהֵא עֲלֵיהֶן? יֹאכְלוּ נִקּוּדִין, אוֹ קְלָיוֹת, אוֹ יִלּוֹשׁוּ בְּמֵי פֵירוֹת, אוֹ תִּתְחַלֵּק לְעִיסּוֹת, וּבִלְבַד שֶׁלֹּא יְהֵא כְּבֵיצָה בְּמָקוֹם אֶחָד. וְאָמַר עוּלָּא: מָה טַעַם? גְּזֵירָה שֶׁמָּא יָבִיא קַב חוּלִּין טְמֵאִים מִמָּקוֹם אַחֵר וְקַב וְעוֹד מִמִּין זֶה, סָבַר אֱיבַטְּלִינְהוּ בְּרוּבָּא, וְכֵיוָן דְּאִיכָּא הַאי מַשֶּׁהוּ — מָצָא מִין אֶת מִינוֹ וְנֵיעוֹר.
English Translation:
according to Rabbi Eliezer, what will be with them? Let them be eaten dry or roasted, or kneaded with fruit juice, or divided into small batches, provided that there is not an egg-bulk of volume in a single batch. And Ulla says: What is the reason that the mixture may not be allowed to come in contact with water, despite the fact that it is entirely non-sacred? It is a rabbinic decree, lest one bring a kav of non-sacred, impure produce from some other place and take a kav and a little more from this mixture. Then he will think to himself: I will nullify the kav of impure produce with the majority of pure produce from the mixture. But since there is some amount of impure produce in the mixture, the type that was nullified found its own type and is revived in its impure state.
קלאוד על הדף:
This completes the baraita begun at the end of 22b. Even according to Rabbi Eliezer, who removes one se’a and treats the remaining hundred as non-sacred, the mixture must be eaten dry, roasted, kneaded with fruit juice or split into batches smaller than an egg-bulk. Ulla explains that this is a decree: someone might bring a kav of impure non-sacred produce and mix it with a little more than a kav of this mixture, expecting the pure majority to nullify it. But the trace of impure teruma still inside the mixture joins the impure kav, the impurity ‘finds its kind’ and wakes up again. This is Rav Dimi’s proof that nullified impurity can revive.
Key Terms:
- נִקּוּדִין / קְלָיוֹת = dry crumbs / roasted kernels — ways of eating without wetting the food
- מֵי פֵירוֹת = fruit juice — does not make food susceptible to impurity
- כְּבֵיצָה = an egg-bulk — the minimum quantity of food that can contract impurity
- מָצָא מִין אֶת מִינוֹ וְנֵיעוֹר = the type found its own type and was revived — nullified matter regains its status when more of its kind is added
Segment 2
TYPE: קושיא
Abaye: impurity reviving impurity is no proof that pure water revives impurity
Hebrew/Aramaic:
אֲמַר לֵיהּ: אִם טוּמְאָה עוֹרֶרֶת טוּמְאָה, טׇהֳרָה עוֹרֶרֶת טוּמְאָה?
English Translation:
Abaye said to Rav Dimi: That proof is not conclusive. Even if impurity revives impurity, as in the case of teruma where the kav of produce is impure, why should it be assumed that purity revives impurity, as is suggested with regard to the fish brine, where the water in the pot is pure?
קלאוד על הדף:
Abaye rejects the proof. In the teruma case the added kav was itself impure, so impurity joined impurity. In Rabbi Yirmeya’s case of the fish brine, the water in the pot is pure, and there is no reason to assume that pure water can wake up impurity that has already been nullified.
Key Terms:
- עוֹרֶרֶת = awakens, revives
- טוּמְאָה / טׇהֳרָה = impurity / purity
Segment 3
TYPE: קושיא
From the red heifer ashes: if nullified impurity is ‘still there’, the mixture should impart impurity by carrying
Hebrew/Aramaic:
אֵיתִיבֵיהּ: אֵפֶר כָּשֵׁר שֶׁנִּתְעָרֵב בְּאֵפֶר מִקְלֶה, הוֹלְכִין אַחַר הָרוֹב לְטַמֵּא, וְאִי רוּבָּא אֵפֶר מִקְלֶה הוּא — לָא מְטַמֵּא. וְאִי אָמְרַתְּ: טוּמְאָה כְּמַאן דְּאִיתֵיהּ דָּמֵי, נְהִי דִּבְמַגָּע לָא מְטַמֵּא — לְטַמֵּא בְּמַשָּׂא!
English Translation:
Abaye raised an objection to the opinion of Rabbi Yirmeya from a mishna (Para 9:7): If the ashes of a red heifer, which impart ritual impurity to the priests involved in its ritual and are fit for sprinkling on someone impure with impurity imparted by a corpse, became intermingled with regular burned ashes, we follow the majority in order to determine whether or not the mixture is impure. And therefore, if the majority is composed of the regular burned ashes, the mixture does not impart impurity. Abaye explains the objection: And if you say nullified impurity is considered like an item that is nevertheless present in the mixture and can be revived, then although the mixture does not impart impurity through physical contact as it is assumed that one touches the majority, let it impart impurity through carrying due to the ashes of the red heifer.
קלאוד על הדף:
Abaye brings a mishna in Para 9:7. Valid red heifer ash mixed with ordinary hearth ash follows the majority, and if the ordinary ash is the majority the mixture does not make one impure. If nullified impurity is treated as if it were present, then even if touching it is harmless (one touches only the majority), carrying the whole mixture should carry the heifer’s ash and impart impurity. The mishna makes no such distinction.
Key Terms:
- אֵפֶר כָּשֵׁר = valid ash of the red heifer (פָּרָה אֲדוּמָּה) — it purifies the impure but makes those who handle it impure
- אֵפֶר מִקְלֶה = ordinary hearth ash
- מַגָּע / מַשָּׂא = contact / carrying — two different ways impurity is transmitted
- כְּמַאן דְּאִיתֵיהּ דָּמֵי = is considered as if it is present
Segment 4
TYPE: תירוץ
Rabbi Yosei bar Chanina: that mixture is pure for contact but does impart impurity by carrying
Hebrew/Aramaic:
הָא אִיתְּמַר עֲלַהּ, אָמַר רַבִּי יוֹסֵי בְּרַבִּי חֲנִינָא: טָהוֹר מִלְּטַמֵּא בְּמַגָּע, אֲבָל מְטַמֵּא בְּמַשָּׂא.
English Translation:
Rav Dimi responded: In fact, it was stated with regard to that mishna that Rabbi Yosei, son of Rabbi Ḥanina, says: The mixture is pure in the sense that it does not impart impurity through contact, but it does impart impurity through carrying.
קלאוד על הדף:
Rav Dimi answers that this exact distinction was already stated on the mishna. Rabbi Yosei the son of Rabbi Chanina ruled that the mixture is pure only with regard to contact, but it does impart impurity when carried. The nullified ash is still there for the purpose of carrying, which supports the idea that nullified impurity does not simply disappear.
Key Terms:
- רַבִּי יוֹסֵי בְּרַבִּי חֲנִינָא = Rabbi Yosei the son of Rabbi Chanina — amora of the Land of Israel
- טָהוֹר מִלְּטַמֵּא בְּמַגָּע = pure in that it does not impart impurity by contact
- מְטַמֵּא בְּמַשָּׂא = imparts impurity by carrying
Segment 5
TYPE: קושיא
Rav Chisda: carcass meat is nullified in slaughtered meat — so why not impurity by carrying?
Hebrew/Aramaic:
וְהָאָמַר רַב חִסְדָּא: נְבֵילָה בְּטֵילָה בִּשְׁחוּטָה, שֶׁאִי אֶפְשָׁר לִנְבֵילָה שֶׁתֵּיעָשֶׂה שְׁחוּטָה. נְהִי דִּבְמַגָּע לָא מְטַמֵּא, לְטַמֵּא בְּמַשָּׂא!
English Translation:
Abaye responded: But doesn’t Rav Ḥisda say: If meat from an animal carcass, which imparts ritual impurity, was mixed with the meat of a slaughtered animal, the meat from the carcass is nullified by the meat of the slaughtered animal in the event that the ritually pure meat constitutes a majority. The reason is that it is impossible for a carcass to become a slaughtered animal, i.e., a ritually slaughtered animal can never have the status of a carcass with regard to impurity. Abaye explains the difficulty: Granted that it does not impart impurity through contact, but if the impurity is considered present to some extent let the mixture impart impurity through carrying.
קלאוד על הדף:
Abaye counters with Rav Chisda’s ruling that carcass meat mixed into a majority of properly slaughtered meat is nullified. Rav Chisda’s reason is that the two are treated as different kinds, since a carcass can never become a slaughtered animal, and different kinds are nullified by a simple majority. Rav Chisda states the nullification without qualification, so Abaye asks again: if the carcass is still ‘present’, the mixture should at least impart impurity when carried.
Key Terms:
- נְבֵילָה = a carcass — an animal that died without proper slaughter; it imparts impurity by contact and carrying
- שְׁחוּטָה = a properly slaughtered animal
- בְּטֵילָה = is nullified
- רַב חִסְדָּא = Rav Chisda — Babylonian amora
Segment 6
TYPE: תירוץ
Rav Dimi: we learn it from Rabbi Chiyya’s baraita, with the same contact-but-not-carrying gloss
Hebrew/Aramaic:
אֲמַר לֵיהּ: אַתּוּן בִּדְרַב חִסְדָּא מַתְנִיתוּ לַהּ, אֲנַן בִּדְרַבִּי חִיָּיא מַתְנֵינַן לַהּ. תָּנֵי רַבִּי חִיָּיא: נְבֵילָה וּשְׁחוּטָה בְּטֵילוֹת זוֹ בָּזוֹ, וְאִיתְּמַר עֲלַהּ, אָמַר רַבִּי יוֹסֵי בְּרַבִּי חֲנִינָא: טָהוֹר מִלְּטַמֵּא בְּמַגָּע, אֲבָל מְטַמֵּא בְּמַשָּׂא.
English Translation:
Rav Dimi said to Abaye: You learned the mishna according to the interpretation of Rav Ḥisda, but we learned it according to the interpretation of Rabbi Ḥiyya, as Rabbi Ḥiyya teaches: With regard to meat from an animal carcass and meat from a slaughtered animal, one nullifies the other, depending on the majority. And it was stated with regard to this ruling that Rabbi Yosei, son of Rabbi Ḥanina, says: If the majority is from a slaughtered animal the mixture is pure in the sense that it does not impart impurity through contact, but it does impart impurity through carrying.
קלאוד על הדף:
Rav Dimi answers that the Babylonians learned this halakha in Rav Chisda’s formulation, but in the Land of Israel it was learned as Rabbi Chiyya’s baraita, that carcass and slaughtered meat nullify each other by majority. On that baraita, too, Rabbi Yosei the son of Rabbi Chanina commented that the mixture is pure for contact but imparts impurity by carrying. Once again the nullified impurity survives for carrying.
Key Terms:
- אַתּוּן … אֲנַן = you [in Babylonia] … we [in the Land of Israel]
- מַתְנִיתוּ לַהּ = you learn it [in this formulation]
- רַבִּי חִיָּיא = Rabbi Chiyya — the transitional sage who compiled baraitot
Segment 7
TYPE: קושיא
The mass of blood of Rabbi Eliezer ben Yaakov imparts no impurity even by carrying — Rav Dimi is silent
Hebrew/Aramaic:
וְהָא דִּתְנַן: רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר: בְּהֵמָה גַּסָּה שֶׁשָּׁפְעָה חֲרָרַת דָּם — הֲרֵי זוֹ תִּקָּבֵר, וְנִפְטְרָה מִן הַבְּכוֹרָה. וְתָנֵי רַבִּי חִיָּיא: אֵינָהּ מְטַמְּאָה לֹא בְּמַגָּע וְלֹא בְּמַשָּׂא. אַמַּאי? דִּנְהִי בְּמַגָּע לָא מְטַמֵּא, תְּטַמֵּא בְּמַשָּׂא! אִישְׁתִּיק.
English Translation:
Abaye raised another difficulty: And that which we learned in our mishna contradicts your opinion, as Rabbi Eliezer ben Yaakov says: In the case of a large animal that expelled a mass of congealed blood, that mass must be buried, and the animal is exempt from having any future offspring counted a firstborn. And Rabbi Ḥiyya teaches with regard to this ruling: That mass does not impart ritual impurity, neither through physical contact nor through carrying. But why? If Rav Dimi is correct, then granted it does not impart impurity through contact, but let it nevertheless impart impurity through carrying. Rav Dimi was silent in response.
קלאוד על הדף:
Abaye now cites the mishna of 21b. A large animal that expelled a clot of blood must bury it, and the animal is exempt from the firstborn law, since the clot may have contained a fetus. Rabbi Chiyya teaches that the clot imparts no impurity, by contact or by carrying. If nullified impurity counts as present, the fetus inside the blood should at least make the carrier impure. Rav Dimi has no answer.
Key Terms:
- חֲרָרַת דָּם = a mass of congealed blood — a clot that may contain a dissolved fetus
- שָׁפְעָה = expelled, discharged
- נִפְטְרָה מִן הַבְּכוֹרָה = is exempt from the firstborn law — its next offspring is not a firstborn
- אִישְׁתִּיק = he was silent
Segment 8
TYPE: תירוץ
Perhaps the clot is ‘decayed impurity’ — which works for bar Padda but not for Rabbi Yochanan
Hebrew/Aramaic:
דִּלְמָא, וַדַּאי שָׁאנֵי הָכָא, דְּהָוְיָא לַהּ טוּמְאָה סְרוּחָה. הָנִיחָא לְבַר פְּדָא, דְּאָמַר: טוּמְאָה חֲמוּרָה עַד לְגֵר, וְטוּמְאָה קַלָּה עַד לְכֶלֶב, הָא לָא חַזְיָא לְגֵר. אֶלָּא לְרַבִּי יוֹחָנָן דְּאָמַר:
English Translation:
The Gemara asks: Why was Rav Dimi silent? Perhaps the halakha is different here, as it is decayed impurity, since an animal carcass that has rotted does not impart impurity at all. The Gemara comments: This works out well according to the opinion of bar Padda, who says: An item with severe ritual impurity, such as that of a nonviable newborn, imparts impurity to substances until it is rotted to the degree that it is no longer fit to be consumed by a gentile who observes certain mitzvot [ger toshav], who is permitted to consume it; but an item with light impurity, which transmits impurity only by contact, imparts impurity to substances until it is no longer fit to be eaten by a dog. And as this congealed mass is not fit to be eaten by a ger toshav it does not impart impurity. But according to Rabbi Yoḥanan, who says:
קלאוד על הדף:
The Gemara asks why Rav Dimi did not answer that this case is different. The fetus is decayed matter, and decayed carcass flesh does not impart impurity at all. That reply works for bar Padda, who holds that severe impurity lasts only while the flesh is fit for a ger toshav to eat, and a clot of blood is not. The sentence breaks off to bring Rabbi Yochanan’s opposing view, which continues on 23b.
Key Terms:
- טוּמְאָה סְרוּחָה = decayed impurity — rotted flesh that no longer imparts impurity
- בַּר פְּדָא = bar Padda — early amora of the Land of Israel
- טוּמְאָה חֲמוּרָה / קַלָּה = severe impurity (also by carrying) / light impurity (by contact only)
- גֵּר = here a ger toshav — a resident non-Jew who may eat carcass meat
Amud Bet (23b)
Segment 1
TYPE: קשיא
By Rabbi Yochanan the clot is still fit for a dog, so the question on Rav Dimi stands
Hebrew/Aramaic:
אַחַת זוֹ וְאַחַת זוֹ עַד לְכֶלֶב, הָא חַזְיָא לְכֶלֶב! קַשְׁיָא.
English Translation:
Both this one and that one, i.e., items of both forms of impurity, impart impurity until they are no longer fit to be eaten by a dog, it poses a difficulty to the opinion of Rabbi Yirmeya, as this mass is fit for a dog. The Gemara concludes: Indeed, it is difficult.
קלאוד על הדף:
Rabbi Yochanan holds that both severe and light impurity last as long as the flesh is fit for a dog to eat. A clot of blood is fit for a dog, so it is not ‘decayed’, and by his view it should still impart impurity by carrying. The Gemara concludes with a plain ‘it is difficult’. Abaye’s question on Rabbi Yirmeya and Rav Dimi remains unanswered.
Key Terms:
- עַד לְכֶלֶב = until [no longer fit] for a dog
- קַשְׁיָא = it is difficult — the objection stands, but the view is not formally refuted
Segment 2
TYPE: גופא
The dispute itself: bar Padda’s source is the verse of giving the carcass to the ger
Hebrew/Aramaic:
גּוּפָא, בַּר פְּדָא אָמַר: טוּמְאָה חֲמוּרָה עַד לְגֵר, וְטוּמְאָה קַלָּה עַד לְכֶלֶב. וְרַבִּי יוֹחָנָן אָמַר: אַחַת זוֹ וְאַחַת זוֹ עַד לְכֶלֶב. מַאי טַעְמָא דְּבַר פְּדָא? דִּכְתִיב: ״לֹא תֹאכְלוּ כׇל נְבֵלָה לְגֵר וְגוֹ׳״, הָרְאוּיָה לַגֵּר קְרוּיָה ״נְבֵילָה״, וְשֶׁאֵינָהּ רְאוּיָה לַגֵּר אֵינָהּ קְרוּיָה ״נְבֵילָה״.
English Translation:
The Gemara discusses the matter itself. Bar Padda says: An item with severe ritual impurity imparts impurity to substances until it is no longer fit to be eaten by a ger toshav, but an item with light impurity imparts impurity to substances until it is no longer fit to be eaten by a dog. And Rabbi Yoḥanan says: Both this one and that one impart impurity until they are no longer fit to be eaten by a dog. The Gemara asks: What is the reason for the ruling of bar Padda? As it is written: “You shall not eat of any animal carcass; you may give it to the ger who is within your gates” (Deuteronomy 14:21). Bar Padda understands from this verse that an item which is fit for a ger toshav is called an animal carcass, and that which is not fit for a ger toshav is not called an animal carcass.
קלאוד על הדף:
The Gemara now examines the dispute of bar Padda and Rabbi Yochanan on its own. Bar Padda learns from Devarim 14:21 (‘You shall not eat any carcass; give it to the ger within your gates’) that only meat fit for a ger is called a carcass. Once it is too rotten for a person, it is no longer a carcass and imparts no impurity.
Key Terms:
- גּוּפָא = the matter itself — the Gemara returns to examine a statement quoted earlier
- הָרְאוּיָה לַגֵּר = that which is fit for a ger
- לֹא תֹאכְלוּ כׇל נְבֵלָה = ‘You shall not eat any carcass’ — Devarim 14:21
Segment 3
TYPE: שקלא וטריא
Rabbi Yochanan uses the verse for meat rotten from the start; bar Padda: that is mere dust
Hebrew/Aramaic:
וְאִידַּךְ? לְמַעוֹטֵי הֵיכָא דְּהִסְרִיחָה מֵעִיקָּרָא. וְאִידַּךְ? הִסְרִיחָה מֵעִיקָּרָא לָא צְרִיכָא קְרָא לְמַעוֹטֵי, עַפְרָא בְּעָלְמָא הוּא.
English Translation:
The Gemara asks: And with regard to the other Sage, Rabbi Yoḥanan, how does he interpret that verse? He maintains that it serves to exclude a carcass that was decayed from the outset, e.g., if the flesh started to decompose while the animal was still alive, due to severe injury. But if the carcass was initially edible and later decayed, it continues to impart ritual impurity provided it is fit for a dog. The Gemara asks: And with regard to the other Sage, bar Padda, how does he respond to this claim? A verse is not necessary to exclude such a case where the carcass was decayed from the outset, as it is merely like dust and obviously does not impart impurity.
קלאוד על הדף:
Rabbi Yochanan needs the verse for a different case: flesh that was rotten from the outset, while the animal was still alive. Flesh that was edible and only later decayed remains a carcass until even a dog would not eat it. Bar Padda answers that flesh rotten from the start needs no verse, because it is simply dust.
Key Terms:
- וְאִידַּךְ = and the other [sage] — how does he deal with this?
- הִסְרִיחָה מֵעִיקָּרָא = rotted from the outset — already before death
- עַפְרָא בְּעָלְמָא = mere dust
Segment 4
TYPE: ברייתא
Rabbi Yochanan: the clot is pure for both contact and carrying because of nullification in the majority
Hebrew/Aramaic:
תְּנַן: רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר: בְּהֵמָה גַּסָּה שֶׁשָּׁפְעָה חֲרָרַת דָּם, הֲרֵי זוֹ תִּקָּבֵר, וְנִפְטֶרֶת מִן הַבְּכוֹרָה. וְתָנֵי רַבִּי חִיָּיא: אֵינָהּ מְטַמְּאָה לֹא בְּמַגָּע וְלֹא בְּמַשָּׂא. וְאָמַר רַבִּי יוֹחָנָן: מִשּׁוּם בִּיטּוּל בְּרוֹב נָגְעוּ בָּהּ.
English Translation:
We learned in our mishna that Rabbi Eliezer ben Ya’akov says: In the case of a large animal that expelled a mass of congealed blood, that mass must be buried, and the animal is exempt from having any future offspring counted a firstborn. And Rabbi Ḥiyya teaches: That mass of congealed blood does not impart ritual impurity, neither through physical contact nor through carrying. And Rabbi Yoḥanan says: It is due to the halakhic nullification of a forbidden substance in a majority of permitted substances that the Sages touched upon it, in order to exclude it from impurity through contact or carrying.
קלאוד על הדף:
The Gemara returns to the mishna of the clot and Rabbi Chiyya’s baraita that it imparts no impurity at all. Rabbi Yochanan explains that the Sages ruled so because the fetus is nullified in the majority of blood. For Rabbi Yochanan, then, nullification removes the impurity even with regard to carrying, which is the opposite of Rav Dimi’s claim.
Key Terms:
- מִשּׁוּם בִּיטּוּל בְּרוֹב = because of nullification in a majority
- נָגְעוּ בָּהּ = they touched upon it — this is the reason the Sages ruled so
Segment 5
TYPE: קושיא ותירוץ
Why not say it was never edible? Because it was once edible as part of its mother
Hebrew/Aramaic:
מַאי אִירְיָא מִשּׁוּם בִּיטּוּל בְּרוֹב? תִּיפּוֹק לִי דְּלָא אִיתְחֲזִי כְּלָל! הָא נָמֵי אִיתְחֲזִי מֵעִיקָּרָא אַגַּב אִימֵּיהּ.
English Translation:
The Gemara asks: Why did Rabbi Yoḥanan say this halakha is due specifically to the nullification of a substance in a mixture by the majority of the mixture? Let one derive the halakha from the fact that the mass is not fit for consumption at all, and it never was. The Gemara explains: This too was initially fit by virtue of its mother, i.e., if one had slaughtered the mother before the embryo was discharged it would have been edible as part of the mother.
קלאוד על הדף:
The Gemara asks why Rabbi Yochanan needs nullification at all. The clot was never fit to eat, and by his own rule flesh rotten from the start is not a carcass. It answers that the fetus was once fit to eat by virtue of its mother: had the mother been slaughtered while it was inside her, it would have been permitted with her. So it does count as flesh that was once edible, and only nullification in the blood explains why it is pure.
Key Terms:
- תִּיפּוֹק לִי = let me derive it [from a simpler reason]
- אִיתְחֲזִי מֵעִיקָּרָא = was fit from the outset
- אַגַּב אִימֵּיהּ = by virtue of its mother — a fetus is permitted through its mother’s slaughter
Segment 6
TYPE: משנה וקושיא
Makhshirin 6:3: brine that receives any water is impure — amei ha’aretz mix in half water
Hebrew/Aramaic:
תְּנַן הָתָם: רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר: צִיר טָהוֹר שֶׁנָּפַל לְתוֹכוֹ מַיִם כׇּל שֶׁהוּא — טָמֵא. אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: זֹאת אוֹמֶרֶת נֶחְשְׁדוּ עַמֵּי הָאָרֶץ לְעָרֵב מֶחֱצָה בַּצִּיר. וּלְמָה לִי מֶחֱצָה? אֲפִילּוּ בְּצִיר מִמֶּחֱצָה נָמֵי! וְהָנֵי מַשֶּׁהוּ — הָוֵה לֵיהּ פַּלְגָא, וּפַלְגָא לָא בְּטִיל.
English Translation:
We learned in a mishna elsewhere (Makhshirin 6:3) that Rabbi Eliezer ben Yaakov says: Ritually pure brine, taken from an am ha’aretz, into which any amount of water fell is rendered impure. Rav Naḥman says that Rabba bar Avuh says: That is to say that amei ha’aretz are suspected of mixing half a portion of water in the brine, which means that when the additional water falls in, the nullified impurity in the brine is revived by it and renders the entire mixture impure. The Gemara asks: But why do I need to say they are suspected of mixing precisely half a portion of water? Even if they mix in less than half, the brine will also be rendered impure upon contact with the added water, as that small amount combined with slightly less than half a portion of water constitutes half the mixture, and half a mixture is not nullified by the other half.
קלאוד על הדף:
The Gemara brings a mishna on Rabbi Eliezer ben Yaakov’s other ruling, about brine. Pure brine bought from an am ha’aretz becomes impure when any water at all falls in. Rav Nachman quoting Rabba bar Avuh infers that amei ha’aretz are suspected of diluting brine with half water. Their impure water is nullified until a little more water joins it and revives it. The Gemara asks why it has to be half: even with less, the added drop would bring the water up to half, and half is not nullified.
Key Terms:
- צִיר = brine — the liquid that exudes from salted fish
- עַם הָאָרֶץ = am ha’aretz — a person not trusted to keep the laws of purity
- רַבָּה בַּר אֲבוּהּ = Rabba bar Avuh — Babylonian amora
- פַּלְגָא לָא בְּטִיל = half is not nullified — nullification requires a majority
Segment 7
TYPE: תירוץ
Two answers: ‘half’ means up to half; or the two rabbinic decrees apply only to a majority
Hebrew/Aramaic:
אֵימָא: עַד מֶחֱצָה. אִיבָּעֵית אֵימָא: טוּמְאַת עַם הָאָרֶץ דְּרַבָּנַן, טוּמְאַת מַשְׁקִין דְּרַבָּנַן. בְּרוּבָּא גְּזַרוּ רַבָּנַן, בְּפַלְגָא וּפַלְגָא לָא גְּזַרוּ בַּהּ רַבָּנַן.
English Translation:
The Gemara answers: Say instead that an am ha’aretz is suspected of mixing in water until it constitutes slightly less than half the mixture. And if you wish, say instead: The impurity of foods belonging to an am ha’aretz applies by rabbinic law and the impurity of liquids also applies by rabbinic law. Accordingly, the impurity of the brine in this case is due to two separate rabbinic decrees. Where the majority is water the Sages decreed the brine is impure, but in a case where half the mixture is pure fish brine and half is water the Sages did not decree that the brine is impure.
קלאוד על הדף:
The first answer reads ‘half’ loosely: the am ha’aretz is suspected of adding up to just under half. The second answer notes that both laws here are rabbinic: the impurity of an am ha’aretz’s food and the impurity of liquids. The Sages decreed impurity only when the water becomes the majority, not in an even half-and-half mixture. That is why the suspicion must be of half, so that any water that falls in creates a majority.
Key Terms:
- עַד מֶחֱצָה = up to half
- דְּרַבָּנַן = of rabbinic origin
- טוּמְאַת מַשְׁקִין = the impurity of liquids
- גְּזַרוּ = they decreed
Segment 8
TYPE: משנה
Rabban Shimon ben Gamliel: a nursing animal is assumed to be nursing its own young
Hebrew/Aramaic:
מַתְנִי׳ רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: הַלּוֹקֵחַ בְּהֵמָה מְנִיקָה מִן הַגּוֹי — אֵין חוֹשְׁשִׁין שֶׁמָּא בְּנָהּ שֶׁל אַחֶרֶת הָיָה. נִכְנָס לְתוֹךְ עֶדְרוֹ וְרָאָה אֶת הַמַּבְכִּירוֹת מְנִיקוֹת, וְשֶׁאֵינָן מַבְכִּירוֹת מְנִיקוֹת — אֵין חוֹשְׁשִׁין שֶׁמָּא בְּנָהּ שֶׁל זוֹ בָּא לוֹ אֵצֶל זוֹ, אוֹ שֶׁמָּא בְּנָהּ שֶׁל זוֹ בָּא לוֹ אֵצֶל זוֹ.
English Translation:
MISHNA: Rabban Shimon ben Gamliel says: In the case of one who purchases a nursing female animal from a gentile, he does not need to be concerned, i.e., take into account the possibility, that perhaps it was nursing the offspring of another animal. Rather, the buyer may assume it had previously given birth. In the case of one who enters amid his flock and sees mother animals that gave birth for the first time that were nursing, and also sees mother animals that gave birth not for the first time that were also nursing, he does not need to be concerned that perhaps the offspring of this animal came to that animal to be nursed, or that perhaps the offspring of that animal came to this animal to be nursed.
קלאוד על הדף:
A new mishna in perek 3 (הלוקח בהמה). Rabban Shimon ben Gamliel rules that one who buys a nursing animal from a gentile may assume it has already given birth, so its next offspring is not a firstborn. Likewise, in one’s own flock where first-time mothers and older mothers are all nursing, one need not worry that the young have switched mothers. An animal is presumed to nurse only its own offspring.
Key Terms:
- מְנִיקָה = nursing
- מַבְכִּירוֹת = animals giving birth for the first time
- אֵין חוֹשְׁשִׁין = one need not be concerned
- עֵדֶר = a flock
Segment 9
TYPE: גמרא
Rav: the halakha follows the whole perek except where there is a dispute — Rav Sheshet: Rav was dozing
Hebrew/Aramaic:
גְּמָ׳ אָמַר רַב נַחְמָן מִשְּׁמֵיהּ דְּרַב: הִלְכְתָא בְּכוּלֵּיהּ פִּירְקִין, בַּר מִפְּלוּגְתָּא. אָמַר רַב שֵׁשֶׁת: אָמֵינָא כִּי נָיֵים וְשָׁכֵיב רַב אָמַר לְהָא שְׁמַעְתָּא! אַהֵיָיא? אִילֵּימָא אַרֵישָׁא — (מפליגי) [מִיפְלָג פְּלִיגִי] רַבִּי יִשְׁמָעֵאל וְרַבִּי עֲקִיבָא!
English Translation:
GEMARA: Rav Naḥman said in the name of Rav: The halakha is in accordance with the opinion of the anonymous tanna in the mishnayot throughout the whole chapter, except where there is a difference of opinion recorded in that mishna. Rav Sheshet says: I say Rav was dozing or sleeping when he said this halakha. After all, to which mishna is this referring? If we say it is referring to the first mishna in the chapter (19b) then his ruling does not apply, as Rabbi Yishmael and Rabbi Akiva disagree in that mishna.
קלאוד על הדף:
Rav Nachman reports Rav’s rule that the halakha follows this entire perek except where a dispute is recorded. Rav Sheshet answers sharply that Rav must have said it while half asleep, because the rule seems to add nothing. He starts to test it on each mishna of the perek. The first mishna (19b) is a dispute between Rabbi Yishmael and Rabbi Akiva, so the rule cannot refer to it.
Key Terms:
- פִּירְקִין = our perek — here perek 3, הלוקח בהמה
- בַּר מִפְּלוּגְתָּא = except for the [recorded] dispute
- נָיֵים וְשָׁכֵיב = dozing and lying down — said half asleep
- רַב שֵׁשֶׁת = Rav Sheshet — Babylonian amora, a sharp critic of rulings
Segment 10
TYPE: קושיא
Nor Rabbi Eliezer ben Yaakov — his mishna is ‘a kav, and clean’
Hebrew/Aramaic:
אֶלָּא אַדְּרַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב — מִשְׁנַת רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב ״קַב וְנָקִי״.
English Translation:
Rather, you will say it is referring to the ruling of Rabbi Eliezer ben Yaakov (21b). This is also problematic, since it is already known that the halakha is in accordance with his opinion, as there is an established principle that the teaching of Rabbi Eliezer ben Ya’akov measures only a kav but is clean and accurate, and therefore the halakha is in accordance with his opinions.
קלאוד על הדף:
The second mishna of the perek, Rabbi Eliezer ben Yaakov’s clot of blood (21b), needs no ruling either. It is an established principle that his mishna is ‘a kav and clean’: his teachings are few, but the halakha always follows them.
Key Terms:
- קַב וְנָקִי = a kav, and clean — small in quantity but always accepted as halakha
- מִשְׁנַת רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב = the teaching of Rabbi Eliezer ben Yaakov
Segment 11
TYPE: קושיא
Nor Rabban Shimon ben Gamliel, Rabbi Yosei ben HaMeshullam, or the hair of a blemished firstborn
Hebrew/Aramaic:
אֶלָּא אַדְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל מִפְלָג פְּלִיג בְּבָרַיְיתָא! אֶלָּא אַדְּרַבִּי יוֹסֵי בֶּן הַמְשׁוּלָּם — הָא אָמַר רַב חֲדָא זִימְנָא, דְּאָמַר רַב: הִלְכְתָא כְּרַבִּי יוֹסֵי בֶּן הַמְשׁוּלָּם! אֶלָּא אַשְּׂעַר בַּעַל מוּם מִיפְלָג פְּלִיגִי עֲקַבְיָא בֶּן מַהֲלַלְאֵל וְרַבָּנַן!
English Translation:
Rather, you will say it is referring to the statement of Rabban Shimon ben Gamliel in the mishna here. That is also difficult, as there is a tanna who disagrees, in the baraita cited on 24a. Rather, you will say that it is referring to the statement of Rabbi Yosei ben HaMeshullam in the next mishna (24b). But didn’t Rav already say this one time? As Rav said: The halakha is in accordance with the opinion of Rabbi Yosei ben HaMeshullam. Rather, you will say that it is referring to the matter of the hair of a blemished firstborn discussed in the mishna on 25b. But that case too is subject to a dispute, as Akavya ben Mahalalel and the Rabbis disagree in that mishna.
קלאוד על הדף:
Rav Sheshet goes through the rest of the perek. Rabban Shimon ben Gamliel is disputed in a baraita (cited on 24a). Rav already ruled separately in favor of Rabbi Yosei ben HaMeshullam (24b). The mishna on the hair of a blemished firstborn (25b) is a dispute between Akavya ben Mahalalel and the Rabbis. No mishna seems to be left for Rav’s general rule.
Key Terms:
- רַבִּי יוֹסֵי בֶּן הַמְשׁוּלָּם = Rabbi Yosei ben HaMeshullam — tanna
- שְׂעַר בַּעַל מוּם = the hair of a blemished firstborn
- עֲקַבְיָא בֶּן מַהֲלַלְאֵל = Akavya ben Mahalalel — early tanna
- חֲדָא זִימְנָא = one time — already
Segment 12
TYPE: תירוץ
Rav’s rule is about Rabban Shimon ben Gamliel: a dissent in a baraita is not a ‘dispute’
Hebrew/Aramaic:
לְעוֹלָם אַדְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל, וְהָא קָא מַשְׁמַע לַן: דְּבָרַיְיתָא לָא פְּלוּגְתָּא הִיא.
English Translation:
The Gemara answers: Actually, Rav’s statement is referring to the statement of Rabban Shimon ben Gamliel here, and Rav teaches us this: That if a mishna is contradicted by a dissenting opinion cited in a baraita it is not considered a dispute, and the halakha therefore follows the opinion of Rabban Shimon ben Gamliel.
קלאוד על הדף:
The Gemara defends Rav. His rule does refer to Rabban Shimon ben Gamliel, and it teaches a principle: a dissenting view that appears only in a baraita does not make the mishna a ‘dispute’. The halakha therefore follows Rabban Shimon ben Gamliel. The rule is not empty after all.
Key Terms:
- לְעוֹלָם = actually — the Gemara returns to an option it rejected
- הָא קָא מַשְׁמַע לַן = this is what he teaches us
- לָא פְּלוּגְתָּא הִיא = it is not [considered] a dispute
Segment 13
TYPE: קושיא
But once Rav gave a general rule for the whole perek… (continued on 24a)
Hebrew/Aramaic:
וְכֵיוָן דְּאָמַר רַב: הִלְכְתָא בְּכוּלֵּיהּ פִּירְקִין בַּר מִפְּלוּגְתָּא,
English Translation:
The Gemara asks: But once Rav said the halakha is in accordance with the opinion of the anonymous tanna in the mishnayot throughout the whole chapter except where there is a difference of opinion,
קלאוד על הדף:
The Gemara begins a new question, and the sentence continues on 24a. If Rav already said the halakha follows the whole perek except for disputes, the question is why he also needed to rule separately on individual mishnayot of the perek. The answer comes on the next daf.
Key Terms:
- וְכֵיוָן דְּאָמַר = and since he said
- הִלְכְתָא בְּכוּלֵּיהּ פִּירְקִין = the halakha follows the whole perek