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.
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Jerusalem Talmud Shabbat
It was stated: “A woman should not fill a pot with ˋassisiot 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 teacher Rebbi Yose said is correct: “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 intentional.
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