Tosefta for Avodah Zarah 108:21
אמר לו אמשול לך משל למה"ד למלך ב"ו שסרחה עליו מדינה כשהוא עושה מלחמה עם החיים הוא עושה או עם המתים הוא עושה הוי אומר עם החיים הוא עושה
[Rabban Gamaliel asked], “What is your proof?” He replied, “Once a fire broke out in our city, and the whole town was burned with the exception of a certain idolatrous shrine!” He said to him, “I will give you a parable: To what is the matter like? To a human king against whom one of his provinces rebelled. If he goes to war against it, does he fight with the living or the dead? Surely he wages war with the living!”
Tosefta Terumot
But orlah and diverse crops (kilayim) of the vineyard (see Orl. 3:7) are [treated] the same for Gentiles in the Land of Israel, in Syria, and outside the Land (cf. Avodah Zarah 54b:6). But Rabbi Yehudah says, the [laws of] the fourth-year vineyard do not [apply to] a Gentile in Syria. And the Sages say, they do apply (Ter. 3:9). Said Rabbi Yehudah, it so happened with S'gabion (שְׂגַבְיוֹן not שביון) the head of the synagogue of Achziv, that he had purchased from a Gentile a fourth[-year vineyard] in Syria and had paid [the Gentile] money for it. And he came and asked Rabban Gamaliel, who had been passing from place to place [about whether such a vineyard is liable]. And [Rabbi Gamaliel] said to him, "Wait until [this situation] becomes [the subject of] halachah" (i.e., Rabban Gamaliel did not know the answer). They [the Sages] said to him [Rabbi Yehudah], "This is no proof [that such a vineyard is not liable]. Not only that, but [Rabban Gamaliel later] sent him [S'gabion] in the hand of a deaf-mute messenger (alt., "a secret message," see Lieberman), [stating,] 'What you did, you did, but do not teach [others] to do so.'"
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