Menachot 67a

גִּלְגּוּל הֶקְדֵּשׁ פּוֹטֵר, דִּתְנַן: הִקְדִּישָׁהּ עִיסָּתָהּ עַד שֶׁלֹּא גִּלְגְּלָה וּפְדָאַתָּה – חַיֶּיבֶת, מִשֶּׁגִּלְגְּלָה וּפְדָאַתָּה – חַיֶּיבֶת, הִקְדִּישָׁהּ עַד שֶׁלֹּא גִּלְגְּלָה, וְגִלְגְּלָהּ הַגִּזְבָּר וְאַחַר כָּךְ פְּדָאַתָּה – פְּטוּרָה, שֶׁבִּשְׁעַת חוֹבָתָהּ הָיְתָה פְּטוּרָה.

Rava adds: The kneading of consecrated dough exempts it from the obligation of ḥalla , as we learned in a mishna ( Ḥalla 3:3): If a woman consecrated her dough before she kneaded it and she subsequently redeemed it, she is obligated to separate ḥalla . Likewise, if she consecrated it after she kneaded it and then she redeemed it, she is obligated to separate ḥalla . But if she consecrated the dough before she kneaded it and the Temple treasurer kneaded it and then she subsequently redeemed it, she is exempt. The reason is that at the time that its obligation in ḥalla would have taken effect, i.e., at the time of its kneading, it was exempt, because it was Temple property.

בָּעֵי רָבָא: גִּלְגּוּל גּוֹי מַאי? מִיתְנָא תְּנַן: גֵּר שֶׁנִּתְגַּיֵּיר וְהָיְתָה לוֹ עִיסָּה, נַעֲשֵׂית עַד שֶׁלֹּא נִתְגַּיֵּיר – פָּטוּר, מִשֶּׁנִּתְגַּיֵּיר – חַיָּיב, סָפֵק – חַיָּיב.

Rava raises a dilemma: If dough was kneaded while in the possession of a gentile, what is its status? Is one who acquires it after it has been kneaded obligated to separate ḥalla from it or not? The Gemara answers that this is taught explicitly, as we learned in a mishna ( Ḥalla 3:6): With regard to a convert who converted and had dough in his possession, if it was prepared before he converted, he is exempt from the obligation of ḥalla . If it was prepared after he converted, he is obligated. If he is uncertain, he is obligated.

הָא מַאן קָתָנֵי לַהּ? דִּבְרֵי הַכֹּל הִיא, וַאֲפִילּוּ רַבִּי מֵאִיר וְרַבִּי יְהוּדָה דְּקָמְחַיְּיבִי הָתָם – פָּטְרִי הָכָא.

The Gemara asks: Of the Sages who disagreed with regard to the obligation to tithe grain that is smoothed by a gentile, who taught this mishna with regard to ḥalla ? Perhaps it is a ruling upon which everyone agrees, and even Rabbi Meir and Rabbi Yehuda, who obligate there, in the case of tithes, exempt here in the case of ḥalla .

הָתָם הוּא, דִכְתִיב ״דְּגָנְךָ״, ״דְּגָנְךָ״ יַתִּירָא.

The Gemara explains this possibility. There are three verses written with regard to teruma that contain the term “your grain.” They are: “You may not eat within your gates the tithe of your grain” (Deuteronomy 12:17); “And you shall eat before the Lord your God…the tithe of your grain” (Deuteronomy 12:17); and “The first fruits of your grain…you shall give him” (Deuteronomy 18:4). It can therefore be claimed that only there Rabbi Meir and Rabbi Yehuda hold that one is obligated to separate tithes from grain that was owned by a gentile, as in addition to the first reference to “your grain,” which excludes grain that was smoothed while in the Temple’s possession, it is written an additional “your grain,” and then another reference to “your grain.”

הָוֵי מִיעוּט אַחַר מִיעוּט, וְאֵין מִיעוּט אַחַר מִיעוּט אֶלָּא לְרַבּוֹת, אֲפִילּוּ גּוֹי.

The Gemara elaborates: This is an example of a restrictive expression following a restrictive expression. And there is a hermeneutical principle that a restrictive expression following a restrictive expression comes only to include additional cases. In this case, the verses teach that even grain that belonged to gentiles is obligated in the separation of tithes.

אֲבָל הָכָא, תְּרֵי זִימְנֵי ״עֲרִסֹתֵיכֶם״ כְּתִיב, חַד ״עֲרִסֹתֵיכֶם״ כְּדֵי עִיסַּתְכֶם, וְחַד ״עֲרִסֹתֵיכֶם״ וְלֹא עִיסַּת גּוֹיִם וְלֹא עִיסַּת הֶקְדֵּשׁ.

But here, with regard to the obligation to separate ḥalla , the term “your dough” is written only twice: “Of the first of your dough you shall set apart a cake for a gift; as that which is set apart of the threshing floor, so shall you set it apart. Of the first of your dough you shall give to the Lord a portion for a gift throughout your generations” (Numbers 15:20–21). One reference to “your dough” teaches that one is obligated to separate ḥalla only from an amount equal to your dough in the wilderness, where the mitzva was commanded, i.e., the volume of one omer . And one reference to “your dough” teaches that only the dough of an ordinary Jew is obligated but not the dough of gentiles nor the dough of consecrated property.

אוֹ דִלְמָא רַבִּי יוֹסֵי וְרַבִּי שִׁמְעוֹן קָתָנֵי לַהּ, דְּקָא פָּטְרִי, אֲבָל רַבִּי מֵאִיר וְרַבִּי יְהוּדָה גָּמְרִי ״רֵאשִׁית״ ״רֵאשִׁית״ מֵהָתָם.

The Gemara continues: Or perhaps it is Rabbi Yosei and Rabbi Shimon who taught that mishna, as they maintain that grain that was smoothed by a gentile owner is exempt from the obligation to separate tithes, and likewise dough kneaded by a gentile owner is likewise exempt from the obligation to separate ḥalla . But Rabbi Meir and Rabbi Yehuda derive by way of verbal analogy the halakha with regard to ḥalla , concerning which it is written: “Of the first of your dough,” from the same expression that appears there, with regard to tithes: “The first fruits of your grain.” Just as in the case of tithes they hold that one is obligated to separate the tithes from a pile of grain that was smoothed by a gentile owner, so too they hold that one is obligated to separate ḥalla from dough that was kneaded by a gentile owner.

אָמַר רָבָא: יְהֵא רַעֲוָא דְּאֶחְזְיֵהּ בְּחֶילְמָא. הֲדַר אָמַר רָבָא: מַאן דְּאָמַר מֵירוּחַ הַגּוֹי פּוֹטֵר – גִּלְגּוּל הַגּוֹי פּוֹטֵר, מַאן דְּאָמַר מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר – גִּלְגּוּל הַגּוֹי אֵינוֹ פּוֹטֵר.

Rava said: May it be God’s will that I see the answer to my question in a dream. Rava then said: The one who says that the smoothing of a grain pile by its gentile owner exempts a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by its gentile owner exempts a future Jewish owner from any obligation to separate ḥalla . So too the one who says that the smoothing of a grain pile by a gentile owner does not exempt a future Jewish owner from the obligation to separate tithes also maintains that the kneading of dough by a gentile owner does not exempt a future Jewish owner from the obligation to separate ḥalla .

אֵיתִיבֵיהּ רַב פָּפָּא לְרָבָא: גּוֹי שֶׁהִפְרִישׁ פֶּטֶר חֲמוֹר וְחַלָּה, מוֹדִיעִים אוֹתוֹ שֶׁהוּא פָּטוּר, וְחַלָּתוֹ נֶאֱכֶלֶת לְזָרִים, וּפֶטֶר חֲמוֹר גּוֹזֵז וְעוֹבֵד בּוֹ.

Rav Pappa raised an objection to Rava from a baraita ( Tosefta , Terumot 4:13): With regard to a gentile who separated a lamb in order to redeem a firstborn donkey, or if he separated ḥalla from dough that he kneaded, one informs him that he is exempt from these obligations and his ḥalla may be eaten by non-priests and the lamb designated to redeem his firstborn donkey may be sheared and worked.

הָא תְּרוּמָתוֹ אֲסוּרָה, וְהָא הַאי תַּנָּא דְּאָמַר: מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר, וְגִלְגּוּל גּוֹי פּוֹטֵר.

One can infer: But if a gentile separated teruma , the portion of the produce designated for the priest, from a grain pile that he smoothed, his teruma is prohibited to a non-priest. And this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, as the same halakhot apply to tithes as to teruma , and yet he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate ḥalla . This refutes Rava’s conclusion that one who holds that there is an exemption in the case of tithes likewise holds that an exemption applies to ḥalla .

וְעוֹד אֵיתִיבֵיהּ רָבִינָא לְרָבָא: חַלַּת גּוֹי בָּאָרֶץ, וּתְרוּמָתוֹ בְּחוּצָה לָאָרֶץ – מוֹדִיעִין אוֹתוֹ שֶׁהוּא פָּטוּר, חַלָּתוֹ נֶאֱכֶלֶת לְזָרִים, וּתְרוּמָתוֹ אֵינָהּ מְדַמַּעַת. הָא תְּרוּמָתוֹ בָּאָרֶץ – אֲסוּרָה וּמְדַמַּעַת.

And Ravina further raised an objection to Rava from a baraita : With regard to ḥalla of a gentile that he separated after kneading his dough in Eretz Yisrael, or his teruma that he separated after smoothing his pile of grain outside Eretz Yisrael, in both cases one informs him that he is exempt from those obligations and his ḥalla may be eaten by non-priests and his teruma does not render a mixture prohibited if it becomes mixed with non-sacred produce. One can infer: But his teruma from his grain in Eretz Yisrael is prohibited to non-priests and renders a mixture prohibited if it becomes mixed with non-sacred produce.

וְהָא הַאי תַּנָּא דְּאָמַר: מֵירוּחַ הַגּוֹי אֵינוֹ פּוֹטֵר, גִּלְגּוּל הַגּוֹי פּוֹטֵר!

The Gemara explains the objection: And again this is an example of a tanna who says: The smoothing of a grain pile by a gentile owner does not exempt it from tithes, and nevertheless he maintains that the kneading of dough by a gentile owner exempts it from the obligation to separate ḥalla .

מִדְּרַבָּנַן, גְּזֵירָה מִשּׁוּם בַּעֲלֵי כִיסִים.

The Gemara answers: This ruling that the smoothing of a grain pile by its gentile owner does not exempt it from the obligations of teruma and tithes applies only by rabbinic law. By Torah law, the smoothing of a grain pile by its gentile owner does exempt it from the obligation to separate teruma and tithes. The Sages enacted a decree due to the schemes of people of means. There was a fear that conniving merchants might temporarily transfer ownership of their produce to gentiles while the piles were smoothed, after which the gentiles would return them to their possession, thereby circumventing the obligation to separate teruma and tithes.