Siman - Pesachim Daf 33
- How me’ilah is more severe than an איסור כרת.
A Baraisa was brought on Daf 32b that contained a contradiction about whether כרת is more severe than me’ilah, which has a punishment of מיתה בידי שמים - death by the hands of Heaven. The Gemara brings three ways to reconcile the contradiction.
Rebbe Chiya bar Avin explains that me’ilah is more severe than an איסור כרת, not because of the punishment of מיתה בידי שמים, but because one would be punished even for eating less than a kezayis of hekdesh, unlike all other איסורי כרת which only apply when one ate a kezayis.
Mar brie d’Rabbana explains that me’ilah is more severe than an איסור כרת because it even applies באין מתכוין – when a person does not have kavanah to use that particular item, such as when a person tries to warm himself with the wool shearing of chullin but inadvertently warms himself with wool shearing of a korban.
Rav Nachman bar Yitzchak explains that me’ilah is more severe, in that he is chayav even if he does it in a מתעסק manner, such as reaching for something and inadvertently anointing his hand with oil of hekdesh.
- Terumah separated from chametz on Pesach has no kedushah
A Baraisa on Daf 32a stated that it is only possible for there to be such a thing as chametz which is terumah, במפריש תרומה והחמיצה –if one separated terumah before it became chametz. אבל מפריש תרומת חמץ דברי הכל אינה קדושה – However, if during Pesach one separated produce for terumah, from something that was already chametz, all agree that it has no kedushah. The Gemara seeks the source for this ruling.
Rav Nachman bar Yitzchak brought the passuk regarding terumah that states, תתן לו – you shall give it to him, meaning to the Kohen, ולא לאורו – but not to his fire. This teaches that produce can become terumah only if it is fit for the Kohen to eat. If it can only be used for burning, then it cannot acquire the kedushah of terumah. Even Rebbe Yose Ha’Glili who permits getting hana’ah from chametz on Pesach would agree here, since the Kohen is not permitted to eat it.
Rav Huna brei d’Rav Yehoshua learns it from the fact that terumah is referred to as ראשית – the first of your gathered grain, which implies, ששיריה ניכרין לישראל – that after terumah is taken, its remains must be distinguishable to a Yisroel, meaning that it must become permitted to a Yisroel. Where the produce remains forbidden for consumption, that which was separated does not take on the kedushah of terumah.
- Machlokes if juice squeezed from tamei grapes is tamei
Rav Acha bar Rav Avya was sitting before Rav Chisda and said in the name of Rebbe Yochanan, ענבים שנטמאו דורכן פחות פחות מכביצה ויינן כשר לנסכין – In the case of grapes that became tamei, one presses less than a kebeitzah of them at a time, and their wine is valid for libation offerings, since food less than a kebeitzah cannot generate tumah. This indicates that Rebbe Yochanan holds that the juice within the grape is not absorbed but rather contained by it, like a liquid that fills a container. Rav Chisda disagrees and holds that the juice is tamei, indicating that the juice is absorbed in the grape, and when the grape becomes tamei, so does the juice .
