Talmud Bavli
Talmud Bavli

Commentary for Menachot 127:3

אלא אמר רבה ר' ישמעאל ורבי חנינא סגן הכהנים אמרו דבר אחד דתנן רבי חנינא סגן הכהנים אומר בשבת נקצר ביחיד במגל אחד ובקופה אחת ובחול בשלשה בשלש קופות ובשלש מגלות וחכמים אומרים אחד שבת ואחד חול בשלש קופות ובשלש מגלות

Rabina asked R. Ashi, What is the law if the first beast was found [after the slaughtering of the second] to be lean in its entrails? Are we to decide the issue by his intention and this man certainly intended to do what was forbidden, or by his actual deed? - He replied; Is this not the case agreed upon by Rabbah and Raba? For it was stated: If a man heard that a child had fallen into the sea and he spread nets [on the Sabbath] to catch fish and he caught fish, he is liable. If he spread nets to catch fish and he caught fish and also the child, Rabbah says, He is not liable; but Raba says, He is liable. Now only in that case says Rabbah that he is not liable, for since he heard [of this accident], we say that his intention was also concerning the child; but where he did not hear of it [Rabbah] would not [say that he was not liable]. Others say that he answered him as follows: This is a matter of dispute between Rabbah and Raba. For It was stated: If a man had not heard that a child had fallen into the sea and he spread a net [on the Sabbath] to catch fish and he caught fish, he is liable. If he spread the net to catch fish and he caught fish and also the child, Rabbah says, He is not liable; but Raba says, He is liable. 'Rabbah says, He is not liable' because we decide the matter by his actual deed. 'Raba says, He is liable' because we decide the matter by his intention.

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