Sanhedrin 112b

וְהַהֶקְדֵּשׁוֹת שֶׁבָּהּ יִפָּדוּ כּוּ׳. תָּנוּ רַבָּנַן: הָיוּ בָּהּ קׇדְשֵׁי קֳדָשִׁים, קׇדְשֵׁי מִזְבֵּחַ – יָמוּתוּ, קׇדְשֵׁי בֶּדֶק הַבַּיִת – יִפָּדוּ, וּתְרוּמוֹת – יֵרָקְבוּ, וּמַעֲשֵׂר שֵׁנִי וְכִתְבֵי הַקֹּדֶשׁ – יִגָּנְזוּ. רַבִּי שִׁמְעוֹן אוֹמֵר: ״בְּהֶמְתָּהּ״ – וְלֹא בֶּהֱמַת בְּכוֹר וּמַעֲשֵׂר, ״שְׁלָלָהּ״ – פְּרָט לְכֶסֶף הֶקְדֵּשׁ וְכֶסֶף מַעֲשֵׂר.

§ The mishna teaches: And the consecrated property in it must be redeemed. The Sages taught in a baraita ( Tosefta 14:5): If there were offerings of the most sacred order in it, if they were animals consecrated for sacrifice on the altar, they shall die; one causes their death. Items consecrated for Temple maintenance must be redeemed, and terumot must be left to decay, and second tithe and sacred scrolls must be interred. Rabbi Shimon says: That is not so; rather, the term: “Its animals” (Deuteronomy 13:16), serves to exclude a firstborn animal and animal tithe, as they never belonged to the idolatrous city. The term: “Its spoils” (Deuteronomy 13:17), serves to exclude consecrated money and tithe money.

אָמַר מָר: הָיוּ בָּהּ קׇדְשֵׁי קֳדָשִׁים, קׇדְשֵׁי מִזְבֵּחַ – יָמוּתוּ. וְאַמַּאי יָמוּתוּ? יִרְעוּ עַד שֶׁיִּסְתָּאֲבוּ, וְיִמָּכְרוּ, וְיִפְּלוּ דְּמֵיהֶן לִנְדָבָה.

The Gemara proceeds to analyze the baraita . The Master said: If there were offerings of the most sacred order in it, if they were animals consecrated for sacrifice on the altar, they shall die. The Gemara asks: But why shall they die? They should graze until they become unfit, and then they should be sold and their value should be allocated for communal gift offerings.

רַבִּי יוֹחָנָן אָמַר: ״זֶבַח רְשָׁעִים תּוֹעֵבָה״. רֵישׁ לָקִישׁ אָמַר: מָמוֹן בְּעָלִים הוּא. וְהָכָא בְּקָדָשִׁים שֶׁחַיָּיב בְּאַחְרָיוּתָן, וְרַבִּי שִׁמְעוֹן הִיא דְּאָמַר: מָמוֹן בְּעָלִים הוּא.

Rabbi Yoḥanan says: They shall die, as it is written: “The offering of the wicked is an abomination” (Proverbs 21:27), and it is unacceptable for sacrifice on the altar. Reish Lakish says: They shall die because the animal is the property of its owner and is not exclusively consecrated property. And the reason it is considered the property of the owner is that here, the tanna is referring to offerings with regard to which one bears financial responsibility for their replacement. That responsibility renders the status of these consecrated animals like that of his property. And this is in accordance with the opinion of Rabbi Shimon, who says: An offering with regard to which one bears financial responsibility for its replacement is the property of its owner.

הָא מִדְּסֵיפָא רַבִּי שִׁמְעוֹן הִיא, רֵישָׁא לָאו רַבִּי שִׁמְעוֹן? בְּקָדָשִׁים קַלִּים, וְאַלִּיבָּא דְּרַבִּי יוֹסֵי הַגְּלִילִי דְּאָמַר: קָדָשִׁים קַלִּים מָמוֹן בְּעָלִים. אֲבָל קׇדְשֵׁי קָדָשִׁים מַאי? יִפָּדוּ.

The Gemara challenges: From the fact that the latter clause of the baraita is the opinion of Rabbi Shimon, one may infer that the first clause is not in accordance with the opinion of Rabbi Shimon. The Gemara suggests a new explanation: Rather, the animals that shall die are offerings of lesser sanctity, and the ruling of the baraita is in accordance with the opinion of Rabbi Yosei HaGelili, who says: Offerings of lesser sanctity are the property of their owner. The Gemara infers: But offerings of the most sacred order, what shall be done with them? They shall be redeemed.

אַדְּתָנֵי סֵיפָא: קׇדְשֵׁי בֶּדֶק הַבַּיִת יִפָּדוּ, לִיפְלוֹג וְלִיתְנֵי בְּדִידַהּ: בַּמֶּה דְּבָרִים אֲמוּרִים? בְּקָדָשִׁים קַלִּים, אֲבָל קׇדְשֵׁי קָדָשִׁים – יִפָּדוּ. כֵּיוָן דְּאִיכָּא חַטָּאת שֶׁמֵּתוּ בְּעָלֶיהָ, דִּלְמִיתָה אָזְלָא, לָא פְּסִיקָא לֵיהּ.

The Gemara asks: If so, rather than teaching in the latter clause of the baraita : Items consecrated for Temple maintenance must be redeemed, let the tanna distinguish and teach a distinction within the category of animals consecrated for sacrifice on the altar itself, as follows: In what case is this statement, that animals shall die, said? It is stated with regard to offerings of lesser sanctity; but with regard to offerings of the most sacred order, they shall be redeemed. The Gemara answers: Since there is among offerings of the most sacred order the case of the sin-offering whose owners were killed in the idolatrous city, rendering the animal a sin-offering whose owners have died, which is left to die, that distinction is not clear-cut for the tanna , as offerings of the most sacred order are not always redeemed. Therefore, the tanna preferred to cite a distinction without exceptions.

בִּשְׁלָמָא רַבִּי יוֹחָנָן לָא אָמַר כְּרֵישׁ לָקִישׁ, דִּכְתִיב: ״זֶבַח רְשָׁעִים תּוֹעֵבָה״. אֶלָּא רֵישׁ לָקִישׁ, מַאי טַעְמָא לָא אָמַר כְּרַבִּי יוֹחָנָן? אָמַר לָךְ: כִּי אָמְרִינַן ״זֶבַח רְשָׁעִים תּוֹעֵבָה״, הָנֵי מִילֵּי הֵיכָא דְּאִיתַנְהוּ בְּעֵינַיְיהוּ, אֲבָל הָכָא, כֵּיוָן דְּאִישְׁתַּנִּי – אִישְׁתַּנִּי.

The Gemara comments: Granted, Rabbi Yoḥanan does not say his explanation of the baraita in accordance with the opinion of Reish Lakish, due to the fact that it is written: “The offering of the wicked is an abomination,” and he bases his explanation on that verse. But Reish Lakish, what is the reason he does not say his explanation of the baraita in accordance with the opinion of Rabbi Yoḥanan? The Gemara answers: He could have said to you that when we say: “The offering of the wicked is an abomination,” this statement applies in a case where the offering is in its unadulterated form. But here, since if they were to redeem it, it would have changed and would no longer be the animal of the wicked itself, but rather an animal purchased with the proceeds of the redemption of the original, it would have changed, and it would no longer be an abomination.

רַבִּי שִׁמְעוֹן אוֹמֵר: ״בְּהֶמְתָּהּ״ – וְלֹא בֶּהֱמַת בְּכוֹר וּמַעֲשֵׂר. בְּמַאי עָסְקִינַן? אִילֵימָא בִּתְמִימִין – שְׁלַל שָׁמַיִם הוּא! אֶלָּא בְּבַעֲלֵי מוּמִין – שְׁלָלָהּ נִינְהוּ?

§ The baraita continues. Rabbi Shimon says that the term “its animals” serves to exclude a firstborn animal and animal tithe. The Gemara asks: What animals are we dealing with? If we say that Rabbi Shimon is speaking with regard to unblemished animals, like all other offerings they are the spoils of Heaven and not the spoils of the inhabitants of the city. Rather, Rabbi Shimon is speaking with regard to blemished animals, which belong to their owners. If so, they are the spoils of the city, and what is the reason that Rabbi Shimon says that there is no obligation to destroy these animals?

אָמַר רָבִינָא: לְעוֹלָם בְּבַעֲלֵי מוּמִין, וּמִי שֶׁנֶּאֱכָל בְּתוֹרַת בְּהֶמְתָּהּ. יָצְאוּ אֵלּוּ שֶׁאֵין נֶאֱכָלִין בְּתוֹרַת בְּהֶמְתָּהּ, אֶלָּא בְּתוֹרַת בְּכוֹר וּמַעֲשֵׂר, דִּשְׁלַל שָׁמַיִם נִינְהוּ.

Ravina says: Actually, Rabbi Shimon is speaking with regard to blemished animals, and his statement should be understood as follows: The mitzva is to destroy that which is eaten as its animals, i.e., as the property of an inhabitant of an idolatrous city. Excluded are those firstborn and tithe animals, which, even when blemished, are not eaten as its animals; rather, they are eaten as firstborn and tithe animals. They are given as gifts to priests, and are considered the spoils of Heaven.

וּפְלִיגָא דִּשְׁמוּאֵל, דְּאָמַר שְׁמוּאֵל: הַכֹּל קָרֵב וְהַכֹּל נִפְדֶּה. מַאי קָאָמַר? הָכִי קָאָמַר: כׇּל שֶׁקָּרֵב כְּשֶׁהוּא תָּם, וְנִפְדֶּה כְּשֶׁהוּא בַּעַל מוּם – מִ״שְּׁלָלָהּ״ אִימְּעִיט, וְכׇל שֶׁקָּרֵב כְּשֶׁהוּא תָּם וְאֵינוֹ נִפְדָּה כְּשֶׁהוּא בַּעַל מוּם, כְּגוֹן בְּכוֹר וּמַעֲשֵׂר – מִ״בְּהֶמְתָּהּ״ נָפְקָא.

And this halakha disputes the statement of Shmuel, as Shmuel says: Everything is sacrificed and everything is redeemed. The Gemara asks: What is he saying? The Gemara explains that this is what he is saying: Any offering that is sacrificed on the altar when it is unblemished and is redeemed when it is blemished is excluded from the term “its spoils,” since it is considered the spoils of Heaven. And the halakha concerning any offering that is sacrificed on the altar when it is unblemished and is not redeemed when it is blemished, e.g., a firstborn animal and animal tithe, is derived from the term “its animals,” as they are not the city’s animals and they are not included in the city’s property.

תְּרוּמוֹת יֵרָקְבוּ. אָמַר רַב חִסְדָּא: לֹא שָׁנוּ אֶלָּא תְּרוּמָה בְּיַד יִשְׂרָאֵל, אֲבָל תְּרוּמָה בְּיַד כֹּהֵן, כֵּיוָן דְּמָמוֹנֵיהּ הוּא, תִּשָּׂרֵף.

§ The baraita continues: Terumot must be left to decay. Rav Ḥisda says: The Sages taught this only with regard to teruma that is still in the possession of an Israelite, who has not yet given it to a priest. But concerning teruma that is already in the possession of a priest who lives in the idolatrous city, since it is his property, it shall be burned.

מֵתִיב רַב יוֹסֵף: מַעֲשֵׂר שֵׁנִי וְכִתְבֵי הַקֹּדֶשׁ יִגָּנְזוּ. וְהָא מַעֲשֵׂר שֵׁנִי בְּיַד יִשְׂרָאֵל כִּתְרוּמָה בְּיַד כֹּהֵן דָּמֵי, וְקָתָנֵי יִגָּנְזוּ! אֶלָּא, אִי אִתְּמַר הָכִי אִתְּמַר: אָמַר רַב חִסְדָּא, לֹא שָׁנוּ אֶלָּא תְּרוּמָה בְּיַד כֹּהֵן, אֲבָל תְּרוּמָה בְּיַד יִשְׂרָאֵל תִּנָּתֵן לְכֹהֵן שֶׁבְּעִיר אַחֶרֶת.

Rav Yosef raises an objection from the mishna: Second tithe and sacred scrolls must be interred. But isn’t the status of second tithe in the possession of an Israelite like that of teruma in the possession of a priest, as he may partake of it and benefit from it in Jerusalem; and nevertheless, it is taught: They must be interred? Rather, if the statement of Rav Ḥisda was stated, this is what was stated: Rav Ḥisda says: The Sages taught this only with regard to teruma that is already in the possession of a priest who lives in the idolatrous city, as even though it is his property, it maintains the sanctity of teruma . But teruma that is still in the possession of an Israelite, which is not his property at all, shall be given to a priest who is in another city, and should not be left to decay.

תְּנַן הָתָם: עִיסָּה שֶׁל מַעֲשֵׂר שֵׁנִי פְּטוּרָה מִן הַחַלָּה, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים מְחַיְּיבִין. אָמַר רַב חִסְדָּא: מַחְלוֹקֶת בְּמַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם, דְּרַבִּי מֵאִיר סָבַר מַעֲשֵׂר שֵׁנִי מָמוֹן גָּבוֹהַּ הוּא, וְרַבָּנַן סָבְרִי מָמוֹן הֶדְיוֹט הוּא. אֲבָל בִּגְבוּלִין, דִּבְרֵי הַכֹּל פָּטוּר.

We learned in a baraita there: Second-tithe dough is exempt from having ḥalla separated since it is property belonging to the Most High; this is the statement of Rabbi Meir. And the Rabbis deem one liable to separate ḥalla from second-tithe dough. Rav Ḥisda says: This dispute is with regard to second tithe in Jerusalem; as Rabbi Meir holds: Second-tithe produce is property belonging to the Most High, but the Torah permitted its owners to partake of it in Jerusalem. Since it is the property of Heaven, one is exempt from separating priestly gifts. And the Rabbis hold: It is non-sacred property from which one is liable to separate ḥalla . But with regard to second-tithe dough in the outlying areas, everyone agrees that one is exempt from separating ḥalla , as outside of Jerusalem it is prohibited to partake of it.

מֵתִיב רַב יוֹסֵף: מַעֲשֵׂר שֵׁנִי וְכִתְבֵי הַקֹּדֶשׁ יִגָּנְזוּ. בְּמַאי עָסְקִינַן? אִילֵימָא בִּירוּשָׁלַיִם, מִי הָוְיָא עִיר הַנִּדַּחַת? וְהָתַנְיָא: עֲשָׂרָה דְּבָרִים נֶאֶמְרוּ בִּירוּשָׁלַיִם, וְזוֹ אַחַת מֵהֶן – אֵינָהּ נַעֲשֵׂית עִיר הַנִּדַּחַת! וְאֶלָּא בְּעִיר אַחֶרֶת, וְאַסְּקוּהּ לְגַוַּהּ? הָא קַלְטוּהּ מְחִיצוֹת!

Rav Yosef raises an objection from the mishna: Second tithe and sacred scrolls must be interred. What are we dealing with? If we say that the reference is to second tithe in Jerusalem, can Jerusalem be an idolatrous city? But isn’t it taught in a baraita : Ten matters were stated with regard to Jerusalem, and this is one of them: It does not become an idolatrous city. Rather, apparently the reference is to second tithe in a different city that was rendered an idolatrous city, and before it was so rendered one took the second-tithe produce up into Jerusalem. The Gemara asks: In that case, wasn’t the produce admitted by the walls of Jerusalem, making it no longer associated with the idolatrous city, and it should therefore be permitted to partake of it?

אֶלָּא לָאו בִּגְבוּלִין, וְקָתָנֵי: יִגָּנְזוּ? לָא, לְעוֹלָם דְּעִיר אַחֶרֶת, וְאַסְּקוּהּ לְגַוַּהּ. וְהָכָא בְּמַאי עָסְקִינַן? שֶׁנִּטְמָא.

Rather, is the reference in the mishna not to second-tithe produce in an outlying area? And it is taught: They must be interred. Apparently, second-tithe produce is not the property of Heaven; it belongs to an inhabitant of the idolatrous city. The Gemara rejects this: No, actually, the reference in the mishna is to second-tithe produce in a different city, and before it was rendered an idolatrous city one took the second-tithe produce up into Jerusalem. And what are we dealing with here? We are dealing with a case where that second-tithe produce became ritually impure. Since it is prohibited to partake of it, there is no alternative to interment.

וְלִפְרְקֵיהּ? דְּאָמַר רַבִּי אֶלְעָזָר: מִנַּיִין לְמַעֲשֵׂר שֵׁנִי שֶׁנִּטְמָא שֶׁפּוֹדִין אוֹתוֹ אֲפִילּוּ בִּירוּשָׁלַיִם? תַּלְמוּד לוֹמַר: ״לֹא תוּכַל שְׂאֵתוֹ״, וְאֵין שְׂאֵת אֶלָּא אֲכִילָה, שֶׁנֶּאֱמַר: ״וַיִּשָּׂא מַשְׂאֹת מֵאֵת פָּנָיו״. הָכָא בְּמַאי עָסְקִינַן? בְּלָקוּחַ.

The Gemara challenges: And let him redeem it in Jerusalem, as Rabbi Elazar says: From where is it derived with regard to second-tithe produce that became impure, that one may redeem it even in Jerusalem? As the verse states: “And if the way is too long for you so that you are unable to carry it [ se’eto ]… and you shall turn it into money” (Deuteronomy 14:24–25). And se’et means nothing other than eating, as it is stated: “And he took portions [ masot ] from before him” (Genesis 43:34), indicating that second-tithe produce that cannot be eaten, whether due to the distance from Jerusalem or due to its impurity, may be redeemed. The Gemara answers: What are we dealing with here? It is not a case where the second-tithe produce became impure; rather, it is a case where an item purchased with second-tithe money became impure.