Yevamot 83B

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Text Excerpt

אין אדם אוסר דבר שאינו שלו.

A person cannot render forbidden an item that is not his. Since the grain does not belong to him, he cannot render it forbidden. According to Shmuel, the halakha is in accordance with R' Yosei in this case as well.

איבעיא להו: באנדרוגינוס מה לי אמר שמואל? תא שמע, דאמר שמואל לרב ענן: ליתה לברייתא מקמי מתניתין.

A dilemma was raised before the rabbis: As for a hermaphrodite, what did Shmuel say? It was stated in the name of Rav that the halakha is ruled in accordance with the opinion of R' Yosei with regard to a hermaphrodite, but no ruling was attributed to Shmuel concerning this case. The Talmud suggests: Come and hear, as Shmuel said to Rav Anan: The baraita is not to be relied upon in the presence of the Mishnah. This indicates that Shmuel rejects R' Yosei’s opinion as stated in the baraita that a hermaphrodite is considered a creature to himself.

הרכבה מה לי אמר שמואל? תא שמע, דאמר ליה שמואל לרב ענן: תני כמאן דאמר שלשה ושלשים.

The Talmud asks further: Concerning grafting, what did Shmuel say? The Talmud suggests: Come and hear, as Shmuel said to Rav Anan that he should teach in accordance with the opinion of the one who said that it is prohibited to plant for 33 days before Rosh HaShana of the Sabbatical Year. Evidently, he ruled on this matter in accordance with the opinion of R' Yehuda, and not that of R' Yosei.

קושי מה לי אמר רב? תיקו.

The Talmud continues to ask along these lines: With regard to the case of protracted labor, what did Rav say? Does he accept R' Yosei’s opinion, as does Shmuel? No resolution was found for this question, and the Talmud concludes that this dilemma should stand unresolved.

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.