Talmud Bavli
Talmud Bavli

Talmud for Gittin 106:10

דר"מ אדרבי מאיר לא קשיא כי קניס בדרבנן בדאורייתא לא קניס

May we say that Tannaim also [differ on this point]? [For it was taught:] If one defiles [another's foodstuffs] or mixes <i>terumah</i> with them or pours a libation from his wine, whether inadvertently or deliberately, he is liable [to make compensation]. So R. Meir. R. Judah says: If inadvertently he is not liable, if deliberately he is liable. Is not the point at issue between them this, that the one authority holds that damage of which there is no visible sign is legally accounted damage, while the other holds that it is not legally accounted damage? — R. Nahman b. Isaac said: Both agree that damage of which there is no visible sign is not legally accounted damage, and here the point at issue between them is whether the inadvertent [act] should be penalised on account of the presumptuous one,<span class="x" onmousemove="('comment',' Even though according to strict justice he should not be so penalised. ');"><sup>8</sup></span>

Jerusalem Talmud Shabbat

It was stated50Tosephta 3:1 (ed. Liebermann), 4:1 (ed. Zuckermandel.) Babli 18b.: “A woman should not fill a pot with ˋassisiot51An undetermined kind of legumes; in the words of the Geonim they exist in the Land of Israel but not in Babylonia. Clearly they need a very long time for cooking similar to lupines. Cf. Arabic عصّ “to be hard”. Cf. Latin siser, -eris, n. (Greek σίσαρον) “a plant cultivated for its piquant root, perhaps rampion (campanula rapunculus) (E. G.). and lupines and put them into the oven at the start of the Sabbath, at nightfall. If she did, they are forbidden after the end of the Sabbath until the time they could have been done.” Rebbi Aḥa said: intentionally, following Rebbi Meïr; Rebbi Yose said: unintentionally, following Rebbi Jehudah. Rebbi Mana said, what my teacher52The vocalization is from the ms. It corresponds to the spelling רְבִי used by Samuel Hannagid in his poem addressed to Rav Nissim and the inscription RABI (soft β) found at Bet-Shearim. Rebbi Yose said is correct: 53Tosephta 2:21. Babli Giṭṭin 53b.“He who is planting on the Sabbath, if unintentional, he may keep it, if intentional, he must tear it out. In the Sabbatical year, he must tear it out whether [planting was] unintentional or intentional. Rebbi Jehudah says, it is the other way around. If he was planting on the Sabbath he must tear it out whether it was unintentional or intentional; in the Sabbatical, if unintentional, he may keep it, if intentional, he must tear it out. Why? Because the profit of the Sabbath [is forbidden] to him.” And here, since you say that after the end of the Sabbath he has to wait until the time it could have been done, he did not gain anything from the Sabbath. What is the reason of the rabbis? People are suspected about the Sabbatical but not about the Sabbath. Another explanation: One counts Sabbaticals, one does not count Sabbaths. What is this about? If somebody planted less than thirty days before the Sabbatical and now it is the Sabbatical, if it is because of suspicion, there is no suspicion; if it is for counting, it is not counted. Less than thirty days before the eighth year and now it is the eighth year, if it is because of suspicion, there is suspicion; if it is because of counting, there is counting. It follows him who says because of suspicion, but for him who says because of counting they fined the unintentional because of the intentional54This last sentence is the opposite of the last sentence in Terumot. The latter text seems to be correct since in counting the age of a tree a month more or less is negligible. But one should not plant a tree a month before the Sabbatical, even though this is not forbidden, since the tree’s years for ˋorla will be counted from the Sabbatical..
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