Menachot 67b — the Talmud in English

And we raise an objection against it:

If so,

although according to the fundamental law the smoothing of [produce] by a gentile exempts it from teruma, nevertheless the Sages decreed that it be obligated, because of the decree concerning purse-holders,

with regard to halah as well

they should likewise decree that dough kneaded by a gentile be obligated in halah, and because of that very decree, so that they would not give their produce to a gentile, have him knead it, and then buy it back from him?!

And we answer: There is no concern that the wealthy will do so, for if they wish to exempt themselves from halah,

it is possible for him to bake it [as dough measuring] less than five quarter-kavs of flour and more.

They have the possibility of making small doughs, less than the measure of dough obligated in halah [the measure is five quarter-kavs of flour and a little more], and they will be exempt from separating halah. And we raise an objection against it:

Teruma also

they can exempt their produce from teruma in two other ways:

a.

It is possible for him to do it

he can arrange it so that the produce will not become obligated in teruma],

in accordance with Rabbi Oshaya.

For Rabbi Oshaya said:

Produce becomes obligated in the separation of terumot and tithes under two conditions. The first is only when it has been smoothed, which is the completion of its work. The second is that the produce must be fixed for the tithe by bringing it into a house through the house’s ordinary entrance, for the sight of the house’s entrance is what fixes the produce for the tithe. Therefore,

a person may use a ruse concerning his produce

so that it will not become obligated in the tithe],

and bring it

into the house

with its chaff

that is, before winnowing and smoothing], and smooth it after bringing it into the house,

so that his animal may eat, and it will be exempt from the tithe.

Since the produce saw the “face of the house” before it was smoothed, the presence of the produce in the house after it was smoothed is not “seeing the face of the house” so as to obligate it in the tithe.

b.

Alternatively,

he can arrange it so that the produce will not become obligated in the tithe, for example

by bringing it in through roofs and courtyards,

for he does not bring it into his house through the house’s entrance, and he is exempt, because a house fixes [produce] for the tithe only through seeing the “face of the house,” that is, when the produce entered through the entrance. If so, with regard to teruma as well, we should not decree that produce smoothed by a gentile be obligated because of purse-holders, since in any event they can exempt themselves in these ways?!

And we answer:

There,

with regard to the two stratagems that he can employ concerning teruma, if he does not sell them to a gentile

publicly,

he will be, and

it is a demeaning matter for him [

he is demeaned in the eyes of people who see him doing so]; and for this reason the purse-holders will not do so, but will sell them to a gentile. Therefore they decreed that the smoothing of a gentile should not exempt them.

But

here,

making small doughs so as not to become obligated in halah

in private

is done, and

it is not a demeaning matter for him,

and therefore the purse-holders will not hesitate to do so. Accordingly, there is no reason to decree that the kneading of a gentile should not exempt it.

Mishna:

Our Mishna continues and explains the order of the offering of the omer and its laws:

The kohein who offers the omer

comes to the tenth

that he is to offer:

He placed

first

its oil and its frankincense,

that is, he placed a little of the oil in a vessel together with the frankincense, and he placed the fine flour upon them.

He poured

more of the oil,

and mixed

it with the fine flour, like the other meal-offerings.

He waved

the omer meal-offering,

and brought

it opposite the edge of the southwestern horn of the altar, for the omer meal-offering requires waving and bringing.

He took a handful

from it with his handful,

and burned

the handful together with the frankincense upon the altar, like all the other meal-offerings.

And the remainder,

what remained of it after the handful was taken,

was eaten by the kohanim

in the Temple courtyard, like the remnants of all the meal-offerings.

Once the omer was offered [

immediately after its offering], they had already

gone out and found the market

of

Jerusalem, which was

already

filled with parched flour

from the new produce, which they necessarily made from it before the omer was offered—

not with the consent of the Sages

did they do so—

the words of Rabbi Meir.

For the Sages were concerned lest, while occupied with the new produce, they eat from it before the omer.

Rabbi Yehuda says: With the consent of the Sages they would do so,

for the Sages were not concerned lest they eat from it.

\[Gemara\]:

We learned in the Mishna: Once the omer had been brought, they would go out and find the market of Jerusalem filled with flour of roasted grain, not with the approval of the Sages—these are the words of Rabbi Meir; Rabbi Judah says: They would do this with the approval of the Sages:

The Gemara wonders:

And

did

Rabbi Judah not decree lest one come to eat from it,

and does Rabbi Judah not decree that a person should not engage in a forbidden matter, lest he eat from it!?

And we raise a contradiction

to this, apparently, from that which we learned in Pesachim 10b:

Rabbi Judah says: They examine

the leaven three times,

at night

of

the fourteenth

of Nisan,

and on the fourteenth

in the morning,

if he did not examine on the night of the fourteenth,

and at the time of the removal,

at the sixth hour, if he did not examine in the morning.

But after this time he should not examine, even if he did not examine at all, because we are concerned that, since the time of the prohibition against eating leaven has arrived at midday, perhaps, if he examines after it, he will come to eat it.

And the Sages say: If he did not examine on the night of the fourteenth, he should examine on the fourteenth. If he did not examine on the fourteenth [in the morning], he should examine within the appointed time [at the sixth hour, which is the time of the removal]. If he did not examine within the appointed time, he should examine after the appointed time [from the sixth hour onward until dark].

It is thus explicit that Rabbi Judah is concerned lest one who engages in a forbidden matter come to eat it, and this is unlike what is apparent from our Mishna!?