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Babylonian Talmud: Tractate Gittinthere is no difference of opinion between the Rabbis and R. Jose.1 Where they differ is when fishhooks and traps2 [are used]. [TO TAKE AWAY] ANYTHING FOUND BY A DEAF-MUTE, AN IDIOT OR A MINOR … R. JOSE SAYS THAT THIS IS ACTUAL ROBBERY. R. Hisda says: [R. Jose means], actual robbery according to the Rabbis.3 'What [then] is the practical effect of R. Jose's ruling? — That the article can be recovered by process of law.4 IF A POOR MAN IS GLEANING THE TOP OF AN OLIVE TREE, TO TAKE THE FRUIT BENEATH HIM. A Tanna taught: If the poor man had gathered the fruit and placed it on the ground with his hands, to take it is actual robbery.5 R. Kahana was once going to Huzal6 when he saw a man throwing sticks [at a tree] and bringing dates down,7 so he went and picked up some and ate them. Said the other to him: See, Sir, that I have thrown them down with my own hands. He said to him: You are from the same place as R. Josiah.8 and he applied to him the verse, The righteous man is the foundation of the world.9 THE POOR OF THE HEATHEN ARE NOT PREVENTED FROM GATHERING GLEANINGS, FORGOTTEN SHEAVES AND THE CORNER OF THE FIELD, TO AVOID ILL FEELING. Our Rabbis have taught: 'We support the poor of the heathen along with the poor of Israel, and visit the sick of the heathen along with the sick of Israel, and bury the poor of the heathen along with the dead of Israel,10 in the interests of peace'.
MISHNAH. A WOMAN MAY LEND TO ANOTHER WHO IS SUSPECTED OF NOT OBSERVING THE SABBATICAL YEAR11 A FAN OR A SIEVE OR A HANDMILL OR A STOVE, BUT SHE SHOULD NOT SIFT OR GRIND WITH HER. THE WIFE OF A HABER12 MAY LEND TO THE WIFE OF AN 'AM HA-AREZ12 A FAN OR A SIEVE AND MAY WINNOW AND GRIND AND SIFT WITH HER, BUT ONCE SHE HAS POURED WATER OVER THE FLOUR SHE SHOULD NOT TOUCH ANYTHING WITH HER, BECAUSE IT IS NOT RIGHT TO ASSIST THOSE WHO COMMIT A TRANSGRESSION.13 ALL THESE RULES14 WERE LAID DOWN ONLY IN THE INTERESTS OF PEACE. HEATHENS MAY BE ASSISTED15 IN THE SABBATICAL YEAR BUT NOT ISRAELITES, AND GREETING MAY BE GIVEN TO THEM, IN THE INTERESTS OF PEACE.16
GEMARA. Why is the rule in the first case17 different from that in the second?18 — Abaye said: Most 'amme ha-arez separate their tithes.19 Raba said: [We are speaking] here of the 'am ha-arez [specified] by R. Meir20 and the cleanness and uncleanness recognised [only] by the Rabbis,21 as it has been taught: Who is an 'am ha-arez? One who does not insist on eating ordinary food in a ritually clean condition.22 So R. Meir. The Sages, however, say it is one who does not tithe his produce. But since it says in the later clause of the Mishnah, ONCE SHE HAS POURED WATER OVER THE FLOUR SHE SHOULD NOT TOUCH ANYTHING WITH HER,23 does not this show that the earlier clause24 is not speaking of cleanness and uncleanness?25 — Both the earlier and the later clause speak of cleanness and uncleanness, the former, however, of the uncleanness of ordinary food and the latter of that of the hallah.26 The following was adduced in contradiction:27
Gittin 61b'It is allowed to grind corn and to deposit it with those who eat produce of the Sabbatical year and those who eat their produce in uncleanness,1 but not for those who eat the produce of the Sabbatical year and for those who eat their produce in uncleanness'? — Abaye replied: 'We are dealing there with a priest who is suspected of eating terumah in uncleanness, the uncleanness there being of a kind recognised by the Torah. If that is so, how could the food be entrusted to him? 'Would not that contradict the following: 'Terumah may be entrusted to an Israelite 'am ha-arez but not to a priest 'am ha-arez, because he might take liberties with it?'2 — R. Elai said: 'We are speaking here of [produce in] an earthenware vessel with a close fitting cover.3 But is there not a danger that his wife might move it while niddah?4 — R. Jeremiah replied: [Even so] there is no contradiction: in the one case we speak of produce which has become capable of receiving uncleanness,5 in the other of produce which is not so capable.6 A further contradiction was raised:7 'If a man takes wheat to a miller who is a Cuthean8 or a heathen, it is presumed to remain in its original condition9 as regards tithe or Sabbatical produce, but not as regards uncleanness'?10 — 'What refutation is there here? Have you not just explained that the reference is to produce which has not been rendered capable of receiving uncleanness?11 'What then was the point of the question? — Because the questioner wanted to adduce another contradiction12 [as follows]; [You have just said], It is presumed to have remained in its original condition as regards tithe and Sabbatical year, that is to say, we have no fear of its having been changed. This seems to contradict the following: If a man [a haber] gives produce to his mother-in-law [the wife of an 'am ha-arez],13 he tithes what he gives to her14 and what he takes back from her, because she is suspected of changing anything that becomes spoilt?15 — There the reason is as was stated: 'R. Judah said; She is anxious for the well-being of her daughter and she is ashamed for her son-in-law.' But in general are we not afraid [of food being changed]? Have we not learnt:16 'If a student gives produce to the mistress of his boarding house, he tithes what he gives to her and what he takes back from her, because she is likely to change it'? — There she finds an excuse for herself, saying. Let the student eat hot and I will eat cold.17 And still we ask, in general are we not afraid? Has it not been taught: 'The wife of a haber can grind along with the wife of an 'am ha-arez, when she is ritually unclean,18 but not when she is ritually clean.19 R. Simeon b. Eleazar says; Even when she is ritually unclean she should not grind with her, because the other - To Next Folio -
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