ואיכא דאמרי אמר רב חייא בר אשי אמר שמואל אשת חרש חייבין עליה אשם תלוי מיתיבי חמשה לא יתרומו סבר לה כרבי אלעזר
an <i>asham talui</i> also should be incurred!<span class="x" onmousemove="('comment',' In a case of intercourse with his wife. Cf. supra p. 795, n. 15, mutatis mutandis.
');"><sup>45</sup></span> — It is necessary<span class="x" onmousemove="('comment',' If an asham talui is to be incurred.
');"><sup>46</sup></span> [that the offence should be similar to that of eating] one of two available pieces [of meat].<span class="x" onmousemove="('comment',' One of which was definitely forbidden and the other definitely permitted, and it is unknown whether a person ate the one or the other. Only in such a case, where the doubt is due to the existence of two objects, is an asham talui incurred. Similarly in the case of intercourse with one of two women, when it is unknown whether the woman affected was his own wife or a forbidden stranger, an asham talui is incurred. If the doubt, however, relates to one object, it being unknown, for instance, whether a piece of fat one has eaten was of the permitted or forbidden kind, no asham talui is involved. Similarly, in the case of the deaf man's marriage, where the doubt relates to one woman, it being uncertain whether she has the status of a married woman or not, no asham talui is incurred.
');"><sup>47</sup></span>
Tosefta Terumot
A Gentile that separates the terumah of his friends (חבריו not חברים per the GR"A), or of a Jew, even with permission, his terumah is not [valid] terumah (Ter. 1:1). It so happened in Pinah (alt. "in Pigah" =בפיגא), that a certain Jew said to a Gentile, "Separate the terumah of my threshing floor." And he separated the terumah, and [subseqently] the terumah fell back onto the threshing floor [becoming mixed with the rest of the produce]. And this matter came before Rabban Gamaliel (alt., "Shimon ben Gamaliel") and he said, "Since the Gentile separated the terumah, it is not [valid] terumah," [and thus the resulting mixture is not forbidden]. Rabbi Yitzhak says, a Gentile that separates the terumah of a Jew, and the owners [of the produce] remain near him [throughout the process], his terumah is [valid] terumah.
Ask RabbiBookmarkShareCopy
Tosefta Bikkurim
A k'vi (see Bikkurim 2:8) -- how is it like a wild animal? Its blood requires covering like a wild animal. Rabbi Eliezer says, they are liable to bring a variable guilt-offering for [partaking in] their [forbidden] fats. How is it like both a wild animal and a domesticated animal? One who flays (המפשיט not מפסיד, see GR"A) it, [the laws regarding whether its hide is] connected [to its flesh is] like wild animals and domesticated animals (see Tos. Chullin 8:6). And [the laws of] the sciatic nerve apply to it, like they do to wild animals and domesticated animals. If he said, "Behold, I will become a nazirite if [the k'vi] is [neither] a wild animal or a domesticated animal," behold, he has become a nazirite. Rabbi Yosei says, a k'vi is a unique creation unto itself, and the Sages were unable to render a decision about it, if it it is a wild animal or a domesticated animal.
Ask RabbiBookmarkShareCopy
Tosefta Ketubot
A wife's ketubah [is collected by her] from the worst property—words of Rabbi Yehudah. Rabbi Shimon says: Why did they say that a wife's ketubah [is collected] from the worst property? [Because] more than a man wants to marry, a woman wants to be married. Furthermore, a woman's shame is greater than that of a man. If so, she shouldn't have a ketubah at all! Rather, [it is because] a wife is divorced willingly or unwillingly, but a man only divorces willingly.
