Makkot 19B

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Text Excerpt

הניחא למאן דאמר בתר למד אזלינן, אלא למאן דאמר בתר מלמד אזלינן, מאי איכא למימר?

The Talmud asks: This works out well according to the one who says: In determining whether a derivation involves consecrated matters or whether it involves non-sacred matters, we follow the matter that is derived from a matter derived from juxtaposition. Since in this case the matter derived is second-tithe produce, which for these purposes is non-sacred, its halakhic status may be derived from juxtaposition with the halakhot of sacrificial matters. But according to the one who says: We follow the matter that teaches, i.e., from which the halakha is derived, what is there to say? The status of second-tithe produce may not be derived by means of juxtaposition from the status of the firstborn offering, which itself was derived from the blood of the offering, because the firstborn offering is a sacrificial matter.

דם ובשר חדא מילתא היא.

The Talmud answers: This is not a matter derived from a matter derived from a juxtaposition, as the status of the firstborn offering is not derived from the status of blood; blood and flesh are one matter. There is only one derivation in this case, which is that the status of second-tithe produce is derived from the status of the blood and the flesh of the firstborn.

קדשי קדשים וכו׳. תנינא חדא זימנא: מעשר שני והקדש שלא נפדו! אמר רבי יוסי בר חנינא: סיפא במעשר שני טהור וגברא טהור, דקא אכיל חוץ לחומה. רישא במעשר שני טמא וגברא טמא, וקא אכיל ליה בירושלים.

§ The Mishnah teaches that one who ate offerings of the most sacred order outside the Temple courtyard and one who ate second-tithe produce outside the wall of Jerusalem is flogged with 40 lashes. The Talmud asks: Didn’t we already learn this one time in the previous Mishnah (13a), that one who ate second-tithe produce or sacrificial food that was not redeemed is flogged? Why does the tanna repeat the halakha of second-tithe produce in this Mishnah? R' Yosei bar Ḥanina said: These are different cases; the latter clause, this Mishnah, is in the case of ritually pure second-tithe produce and a ritually pure person who eats it outside the wall of Jerusalem. The first clause, the previous Mishnah, is in the case of ritually impure second-tithe produce and a ritually impure person who eats it within Jerusalem.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.