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Babylonian Talmud: Tractate ‘Abodah Zarah
intercourse; but should you require it then take possession of it at once.'4
R. Hoshaia asked: How is it if she dedicated [the animal to the Sanctuary] beforehand?5 Since a Master has said that a declaration6 in connection with the Divine service is like the act of delivery in a secular transaction, is she like one who has actually offered it,7 or perhaps [the animal] is after all still in existence [at the time of intercourse]?8 But why not solve the question from the statement of R. Eleazar who said: Only if she actually offered it beforehand is the offering [lawful] but not if she merely dedicated it? On this statement of R. Eleazar itself the question is to be asked: Is it clear to R. Eleazar that only if she had actually offered it [is it permitted] but not if she merely dedicated it because it is [in her possession] at the time of intercourse; or perhaps he is clear in the circumstance where it had been offered but doubtful when it had only been dedicated? The question remains unanswered.
[It was stated:] If he had intercourse with her and subsequently gave it to her, her hire is permitted. Against this I quote: If he had intercourse with her and subsequently gave it to her, even after the lapse of three years, her hire is prohibited! — R. Nahman b. Isaac said in the name of R. Hisda: There is no contradiction, the latter teaching referring to the circumstance where he said to her, 'Have intercourse with me for this lamb,' and the former teaching to the circumstance where he said to her, 'Have intercourse with me for a lamb.'9 And if he did use the phrase 'for this lamb' what of it, inasmuch as the act of drawing towards oneself is lacking!10 — [It deals here] with a gentile harlot who does not acquire an object by the act of drawing it towards herself.11 Or if you wish I can say that it surely deals with an Israelite harlot when, e.g., it is standing in her courtyard.12 But if it was standing in her courtyard, [how can it be taught that] he had intercourse with her and subsequently presented it to her, seeing that she already had possession of it! — No, it is necessary [to suppose a case] where he used it as a pledge, saying to her, 'If I bring you a certain number of zuz by such a date, well and good; otherwise take [the lamb] for your hire.'13
‘Abodah Zarah 63b[about their eating and drinking the produce of] the Sabbatical year or [what has not been subject to] the tithe or yen nesek; but if he said to them, 'Go out and eat and I will pay, go out and drink and I will pay,' he must be concerned [about their eating and drinking the produce of] the Sabbatical year or [what has not been subject to] the tithe or yen nesek.1 Consequently when he pays them he does so at the price of what is prohibited, and similarly in the case [of the School of R. Jannai] when they made repayment they did so for something that was prohibited! — R. Hisda explained: [The teaching just quoted deals] with a shop-keeper who gives [the employer] credit so that he is indebted to him,2 and since it was his custom to give him credit it is as though the latter had himself bought for a denar of him.3 When, on the other hand, he does not give him credit, how is it? It is permitted! If that is so,4 when he teaches the circumstance of, 'Go and eat for this denarius, go out and drink for this denarius,' he should draw a distinction in this very case and teach as follows: When does this apply? [When they make their purchase] of a shopkeeper who gives him credit so that he is indebted to him [it is prohibited], but of a shopkeeper who does not give him credit it is permitted! And further, as regards a shopkeeper who does not give him credit, is not [the employer in such a circumstance] indebted to him? For Raba has declared: If a man says to his neighbour, 'Give so-and-so a maneh5 and let all my possessions be surety to you,' [the lender] has acquired them by the law of security!6 — But, said Raba: It is immaterial whether he gives him credit or not; but although [the employer] is indebted to him, for the reason that he does not specify his indebtedness,7 it is not prohibited.8 Why, then, in the present circumstance9 should he be concerned [about their eating and drinking the produce of] the Sabbatical year inasmuch as he does not specify his indebtedness! — R. Papa said: Here it is when, e.g., he paid him the denar in advance.10
R. Kahana said: I cited this teaching in the presence of R. Zebid of Nehardea who remarked to me: If that were so, then instead of the words 'Go out and eat and drink and I will pay,' we should have expected 'I will have a reckoning with him'!11 [R. Kahana] said to him: Read, 'Go out and I will have a reckoning with him.' R. Ashi said: It is when, e.g., [the employer] took [the foodstuffs] from the shopkeeper and handed them [to his workmen].12 R. Jemar said to R. Ashi: If that were so, then instead of the words, 'Go out13 and eat, go out and drink' we should have expected, 'Take and eat, take and drink'! — He replied to him: Read, 'Take and eat, take and drink.'
R. Nahman, 'Ulla and Abimi b. Papi were sitting together and R. Hiyya b. Ammi sat with them. As they sat the question was raised: How is it if [an Israelite] was hired to break [a cask of] yen nesek [and pour out the contents]?14 Do we say that since his wish is the preservation [of the cask]15 it is prohibited, or perhaps it is right in every case where the effect is to reduce what is improper? — R. Nahman said: Let him break it and may a blessing alight upon him [for so doing]. Is it to be assumed that his opinion receives support [from this teaching]: We may not hoe together with a heathen among mixed plantings
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