משנה: כָּל־סְאָה שֶׁיֵּשׁ בָּהּ רוֹבַע זֶרַע מִמִּין אַחֵר יְמָעֵט. רִבִּי יוֹסֵי אוֹמֵר יָבוֹר בֵּין מִמִּין אֶחָד בֵּין מִשְּׁנֵי מִינִין. רִבִּי שִׁמְעוֹן אוֹמֵר לֹא אָֽמְרוּ אֶלָּא מִמִּין אֶחָד. וַחֲכָמִים אוֹמְרִים כָּל־שֶׁהוּא כִלְאַיִם בִּסְאָה מִצְטָרֵף לְרוֹבַע. בְּמַה דְּבָרִים אֲמוּרִים תְּבוּאָה בִתְבוּאָה וְקִטְנִית בְּקִטְנִית תְּבוּאָה בְקִטְנִית וְקִטְנִית בִּתְבוּאָה. בֶּאֱמֶת אָֽמְרוּ זֵירְעוֹנֵי גִינָּה שֶׁאֵינָן נֶאֱכָלִין מִצְטָֽרְפִין אֶחָד מֵעֶשְׂרִים וְאַרְבָּעָה בְּנוֹפֵל לְבֵית סְאָה. אָמַר רִבִּי שִׁמְעוֹן כְּשֵׁם שֶׁאָֽמְרוּ לְהַחֲמִיר אַף לְהָקֵל. הַפִּשְׁתָּן בִּתְבוּאָה מִצְטָרֶפֶת אֶחָד מֵעֶשְׂרִים וְאַרְבָּעָה בְּנוֹפֵל לְבֵית סְאָה. MISHNAH: Every seah that contains a quarter1A quarter qab which is 1/24 seah. Here one speaks about seeds. Since seeds usually come mixed with weeds and other seeds, some sowing of different kinds together is unavoidable. In Baba Batra, Mishnah 6:2, up to a quarter qab of foreign material in a seah of grain is established as the standard accepted in any trading contract unless otherwise specified. From the Biblical requirement, it is only necessary that the farmer have no intention of sowing the undesirable seeds with his crop. But in order to avoid the appearance of intentional kilaim, the rabbis gave an upper limit also of one qab in 24 before requiring action. of seeds from another kind should be diminished2Some of the foreign seeds have to be taken out, so that the entire contamination is brought below the limit. R. Yose requires that once one has started cleaning up the seeds, all foreign seeds should be eliminated.; Rebbi Yose says, he must pick it out, whether it be from one kind or from two kinds3Kinds of weeds and contamination with other crops. Rebbi Simeon says that each kind of contamination has its own limit, Rebbi Yose says that all those are counted together which are kilaim in any way; the Sages say that everything which is kilaim with the main crop is added together. So if wheat seed is contaminated with barley, zewanin, and peas, and together they are more than one in 24 but any two of them together are less than that amount, then for the Sages one does not have to act since zewanin are not kilaim with wheat, but R. Yose would require that the entire seed grain be sifted since zewanin are kilaim with peas.. Rebbi Simeon said, they said it only for one kind, but the Sages say, everything that is kilaim with the seah counts together for a quarter.
When is this said32That a quarter kab of foreign seeds makes a seah of seeds unusable.? Grain with grain, legumes with legumes, grain with legumes, legumes with grain33All these need approximately one seah for a field of 2500 square cubits (a bet seah). But if seeds need appreciably less than that, the amount which makes seed grain unusable is 1 in 24 of the amount used for the contaminant. It was already explained in Halakhah 1, Note 22, that for kitchen greens whose seeds are not edible, the amount of seed used for one bet seah is only one sixth or one twelfth of a seah. The amount of these seeds sufficient to make a seah of seed grain unusable is 1/24 of either a qab or half a qab.. In truth, they said that garden seeds which are not eaten add up together for one in 24 when they fall on a bet seah. Rebbi Simeon said, that which they said to restrict, they also said for leniency. Flax seeds34This is explained in the Halakhah, text following Note 44. in grain add up together for one in 24 when they fall on a bet seah.
הלכה: אֲנָן תַּנִּינָן שֶׁיֵּשׁ בָּהּ. אִית תַּנָּיֵי תַּנֵּי שֶׁנָּפַל לְתוֹכָהּ. אָמַר רִבִּי מָנָא מָאן דְּאָמַר שֶׁיֵּשׁ בָּהּ אֶחָד מֵעֶשְׂרִים וְאַרְבָּעָה. מָאן דְּאָמַר שֶׁנָּפַל לְתוֹכָהּ אֶחָד מֵעֶשְׂרִים וַחֲמִשָּׁה. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן בֵּין כְּמָאן דְּאָמַר שֶׁיֵּשׁ בָּהּ בֵּין כְּמָאן דְּאָמַר שֶׁנָּפַל לְתוֹכָהּ אֶחָד מֵעֶשְׂרִים וְאַרְבָּעָה. מַיי כְדוֹן מָאן דְּאָמַר שֶׁיֵּשׁ בָּהּ בְּתָלוּשׁ. מָאן דְּאָמַר שִֶׁנָּפַל לְתוֹכָהּ בִּמְחוּבָּר. HALAKHAH: We have stated, “which contains.” Some Tannaïm state5In a parallel baraita. The Tosephta (Kilaim 1:16) has the same language as the Mishnah., “into which fell.” Rebbi Mana said, he who says “which contains” means one in 246If 24 quarters contain 1 quarter of foreign material, that is 1 in 24 of the total, 1 in 23 of useful grain., he who says “into which fell” means one in 257Since a seah is 24 quarters, if an additional quarter fell in, then the total adds up to 25 quarters, and we have 1 quarter of rejects in 24 good ones.. Rebbi Yose ben Rebbi Abun said, both for him who says “which contains” and for him who says “into which fell,” it means one in 248Since this is the commercial standard, there is no reason to change the standard here. This is also the position of the Babli, Baba Batra 94a.. How is that? “Which contains,” if it is cut, “into which fell,” if it is standing9The first case deals with grain bought as grain. In the second case, the contamination of the seed grain is detected after sowing, when the grain already is growing. This proves that the standard applies also to growing produce, not only to seed grain, supporting the position of Tosaphot (Baba Batra 94a, s.v. סאה) against R. Samuel ben Meïr..
מַה נָן קַייָמִין. אִם בְּמִתְכַּוֵּין לְזֶרַע אֲפִילוּ חִיטָּה אַחַת אָסוּר. אִם לְעָרֵב אֲפִילוּ כָּל־שֶׁהוּא אָסוּר לְעָרֵב. רִבִּי יַעֲקֹב בַּר אָחָא אַבָּא בַּר חִייָא בְשֵׁם רַב הַבּוֹרֵר צְרוֹרוֹת מִתּוֹךְ כֵּירִיּוֹ שֶׁל חֲבֵירוֹ חַייָב לְהַעֲמִיד לוֹ חִיטִּין יָפוֹת תַּחְתֵּיהֶן. אָמַר רִבִּי יוֹסֵי זֹאת אוֹמֶרֶת שֶׁהוּא אָסוּר לְעָרֵב. אִם אָמַר אַתְּ שֶׁמּוּתָּר לְעָרֵב לָמָּה לִי חִיטִּין יָפוֹת תַּחְתֵּיהֶן. What are we talking about10How can the case of the Mishnah appear legitimate?? If he intended it for seed11If he recognizes the impurities in the seeds and intends to grow them for themselves, then it is kilaim and the standards of Mishnah 1:9 apply. The implication is that the yield from these impurities may not be selected out after harvest and sold separately, because that would make the entire harvest kilaim and forbidden. then even one grain of wheat is forbidden. If to mix in12Since no farmer may sell grain with more than the permitted impurities, at harvest time he and the grain wholesalers will see to it that the impurities are not more than 1 in 24. In order to get illegitimate seed, he would have to mix in impurities; this is forbidden and we are not concerned here with intentional lawbreakers., it is forbidden to mix. Rebbi Jacob bar Aḥa, Abba bar Ḥiyya13In the parallel in the Babli (Baba Batra 93b), the name is Rav Abba bar Ḥiyya from Ktesiphon (on the Tigris) in the name of Rabba (Rav Abba bar Naḥmani, of the third generation after Rav.) In any case, it is clear that the author here is Babylonian and not identical with Rebbi Abba bar Rebbi Ḥiyya bar Abba. in the name of Rav: He who takes out impurities from his neighbor’s heap has to give him good grain in their stead14Since the neighbor could have sold his grain with the impurities under a standard contract, the one who sifts the grain causes him to lose the value of the volume of the impurities he removes. {The word צרור translated here as “impurity” is not the biblical word (I. money pouch, II. flintstone), but is connected with Hebrew צרר II (to be hostile), more directly with the corresponding Arabic ضوّ צ̇רּ (to be noxious, pernicious).}. Rebbi Yose said, this implies that one is forbidden to mix in; if you say that one is permitted to mix them back in, why require good grain instead?
מָכַר לוֹ חִיטִּין יָפוֹת וְנִמְצְאוּ בְּרוּרוֹת. מַהוּ שֶׁיְּנַכֶּה לוֹ דְּמֵי אוֹתוֹ הָרוֹבַע. מִילֵּיהוֹן דְּרַבָּנִין אָֽמְרִין אֵינוֹ מְנַכֶּה לוֹ דְּמֵי אוֹתוֹ הָרוֹבַע. דְּאָמַר רִבִּי יַעֲקֹב בַּר אָחָא אַבָּא בַּר חִייָא בְשֵׁם רַב הַבּוֹרֵר צְרוֹרוֹת מִתּוֹךְ חִיטִּין שֶׁל חֲבֵירוֹ חַייָב לְהַעֲמִיד לוֹ חִטִּין יָפוֹת תַּחְתֵּיהֶן. בִּירֵר רוֹבַע אֶחָד וּמֶחֱצָה מַהוּ שֶיְּנַכֶּה לוֹ דְמֵי אוֹתוֹ הָרוֹבַע. רִבִּי חִינְנָא וְרִבִּי מָנָא. רִבִּי חִינְנָא אָמַר מְנַכֶּה לוֹ. רִבִי מָנָא אָמַר אֵינוֹ מְנַכֶּה לוֹ. דְּהוּא אָמַר לֵיהּ אִילּוּ יְהַבְתּוּן לִי הֲוֵינָא צְרַר לוֹן בְּסִירְקִי מַה דַהֲוָה זְבוּנָה חֲמִי הוּא זְבַן. If one sold wheat as [standard] good quality and it turned out to be sifted, may he take out the value of that quarter15Since the standard contract allows for impurities, may the seller deliver only the 23/24 seah of seeds guaranteed by the standard contract or does the buyer have to pay extra for the good grain he receives instead of the standard impurities? This problem belongs to Baba Batra; it is treated here because the problem comes up naturally from the statement of Rav which belongs to Baba Batra.? The words of the rabbis say that he cannot take out the value of that quarter, for Rebbi Jacob bar Aḥa, Abba bar Ḥiyya said in the name of Rav: He who takes out impurities from his neighbor’s grain has to give him good grain in their stead. If he16The buyer noticed that the grain he bought contained more impurities than those allowed by the standard contract. He has the right to return the merchandise for a full refund (Mishnah Baba Batra 6:2). He chose instead to clean up the grain. Everybody agrees that he does not have to pay for the volume of the half quarter which exceeds the standard. The question is, since he started cleaning and took all impurities out, does he pay only for the remaining grain or may the seller insist to be paid also for the quarter of impurities which would have been legal and is reflected in the price charged for a unit of volume? removed one and one half quarters, may he take out the value of that quarter? Rebbi Ḥinena and Rebbi Mana. Rebbi Ḥinena said, he takes it out17He pays only for the sifted grain, at the rate of standard grain.. Rebbi Mana said, he does not take it out, because he can say to him, if you had returned it to me, I would have bundled it for the Saracens who would have bought it; what that buyer sees is what he buys18Saracens, Arab traders without fixed residence, buy and sell “as is”, without warranties. The buyer would have inspected the grain before buying and offered a price based on his inspection..
אֶלָּא בְּשֶׁנִּתְעָרְבוּ דֶּרֶךְ מַכְנֵס. וְהָא תַנִּינָן בֶּאֱמֶת אָֽמְרוּ זֵירְעוֹנֵי גִינָּה שֶׁאֵינָן נֶאֱכָלִין מִצְטָֽרְפִין אֶחָד מֵעֶשְׂרִים וְאַרְבָּעָה. בְּנוֹפֵל לְבֵית סְאָה. וְתַנֵּי עֲלָהּ בְּגִין קַב וַחֲצִי קַב. וְאֶחָד מֵעֶשְׂרִים וְאַרְבָּעָה לַחֲצִי קַב טָב הוּא כְּלוּם. עַד כָּאן חָשׁוּ לְמַרְאִית הָעַיִן. מִיכַּן וְאֵילַךְ לֹא חָשׁוּ לְמַרְאִית הָעַיִן. But when they were mixed up during transport20After the interruption by the theme from Baba Batra, one returns to the original question and answers that more than one in 24 may contaminate the harvest by accidents during transport from the field to the storage facility. From here on to the end of the Halakhah one deals exclusively with seed grain.. But did we not state21Next Mishnah, dealing with the details of the rule of Mishnah 1. “Garden seeds which are not eaten” are seeds of kitchen greens which in themselves are not food. They are usually very small and the resulting contamination will be more than 1 in 24 at harvest time. Any statement introduced by “in truth” is unquestioned practice.: “In truth, they said that garden seeds which are not eaten add up together for one in 24 when they fall on a bet seah.” And we stated on that, this is a qab or half a qab22The standard of maximal contamination for seeds of kitchen greens is a qab for the larger seeds and half a qab for the smaller seeds. Since these seeds are so much smaller than seed grain, they cannot be 1 in 24 of the full seah since that would overwhelm all the grain, but only 1 in 144 or 1 in 288, depending on the size of the seeds. The standard is a contamination of 1 in 24 of the harvest, not the seeds.. What could one do with the twenty-fourth part of half a qab23About 0.09 liter.? For that, they are worried because of the bad impression24The entire rule is rabbinical so people should not think the contamination was intentional. One forbids only accidental weeds or strange admixtures which exceed the commercial standard.. They were not worried because of the bad impression from a lesser amount.
יְמָעֵט. כְּאֵי זֶה צַד הוּא מְמָעֵט אוֹ פּוֹחֵת מִן הָרוֹבַע אוֹ מוֹסִיף עַל הַסְּאָה. לֹא כֶן אָמַר רִבִּי יוֹחָנָן רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן כָּל־הָאִיסּוּרִין שֶׁרִיבָה עֲלֵיהֶן שׁוֹגֵג מוּתָּר מֵזִיד אָסוּר. תַּמָּן אַתְּ מַרְבֶּה לְבַטֵּל אִיסּוּר תּוֹרָה. בְּרַם הָכָא אַתְּ מַרְבֶּה לְבַטֵּל מִפְּנֵי מַרְאִית הָעַיִן. “Should be diminished25Quote from the Mishnah..” How does he diminish? Either he removes from the quarter or he adds to the seah. But did not Rebbi Joḥanan say (Rebbi Abbahu in the name of Rebbi Joḥanan), for all prohibitions, if one added in error, it is permitted, if intentionally, it is forbidden26For example, if some dairy product fell into a meat dish, if the meat dish by volume is more than 60 times that of the dairy product, the contamination is declared minimal and the dish is permitted to be eaten. (This is the rabbinical standard.) If the ratio was less at the time of the accident but later some more of the meat dish was added inadvertently or unknowingly, the measure at the end is determining. But if the addition was made in the knowledge of the prior prohibited contamination, then the measure at the time of the accident is determining and the later addition must be disregarded. How can the Mishnah here permit intentionally adding to legalize the prohibited mixture?. There you add to annul a Torah prohibition, but here you add because of the bad impression.
רִבִּי יוֹסֵי אוֹמֵר יְבָרֵר. מַה טַעְמָא דְּרִבִּי יוֹסֵי. מִכֵּיוָן שֶׁהִתְחִיל בְּרוֹבַע צָרִיךְ לְהַשְׁלִים אֶת כָּל־הָרוֹבַע. מוֹדֵה רִבִּי יוֹסֵי שֶׁאִם הָיָה שָׁם פָּחוֹת מִן הָרוֹבַע מִשָּׁעָה רִאשׁוֹנָה אֵינוֹ זָקוּק לוֹ. הֵיךְ עֲבִידָה. הָיָה שָׁם רוֹבַע אֶחָד מִשְּׁנֵי מִינִין בּוֹרֵר מִין אֶחָד וְדַיוֹ אוֹ צָרִיךְ לָבוּר אֶת כּוּלּוֹ. “Rebbi Yose says, he must pick it out.” What is the reason of Rebbi Yose? Because he started with the quarter, he must finish the entire quarter. Rebbi Yose agrees that if there was less than a quarter when he started, he does not need to attend to it27If he started to remove the foreign seeds when he did not have to he may stop in the middle, before removing all of it. We do not say that the fact of his removing impurities shows that he is bothered by their presence and, therefore, any sowing would be intentional sowing of kilaim and forbidden.. How is that done? If there was a quarter composed of two kinds, does he pick out one kind and that is sufficient, or does he have to pick out everything28The question is not answered since practice does not follow R. Yose.?
רִבִּי שִׁמְעוֹן אוֹמֵר לֹא אָֽמְרוּ אֶלָּא מִין אֶחָד שְׁנֵי מִינִין לֹא. עַד הֵיכָן. עַד רוּבָּהּ שֶׁל סְאָה. חָזַר וְהוֹסִיף חָֽזְרָה הַתְּבוּאָה לְהֵתֵירָהּ. כְּמַה דְּרִבִּי שִׁמְעוֹן אָמַר אֵין שְׁנֵי מִינִין מִצְטָֽרְפִין לְאִסּוּר. כֵּן הוּא אָמַר הָכָא אֵין שְׁנֵי מִינִין מִצְטָֽרְפִין לְהֵיתֵר. הֵיךְ עֲבִידָא. הָיָה שָׁם עֶשְׂרִים וּשְׁנַיִם רְבָעִים וּמֶחֱצָה שֶׁל חִיטִּים וַחֲצִי רוֹבַע שְׂעוֹרִין וְנָפַל לְתוֹכוֹ פָּחוֹת מֵרוֹבַע עֲדָשִׁים אֲפִילוּ כֵּן אֵין שְׁנֵי מִינִין מִצְטָֽרְפִין לְהֵיתֵר. “Rebbi Simeon said, they said it only for one kind,” not two kinds. How far? Up to the greater part of the seah29As long as the total of foreign seeds is less than 50% and each single contamination is less than 1 in 24, the seeds remain permitted. (Up to 12 contaminants of maximum volume are possible.). If he added afterwards, the grain returned to its permitted status30R. Simeon accepts the earlier interpretation that adding of the main seedstock makes everything permitted again.. Just as Rebbi Simeon said, two kinds do not combine for prohibition, so he says that they do not combine for permission. How is that done? If there were twenty-three and one half quarters of wheat and half a quarter of barley, and into that fell less than a quarter of lentils31It is supposed here that the volume of the lentils is at least 23.5/24 = 0.9792 quarters but less than one quarter. In that case, if the lentils were judged against the combined volume into which they fell, it would be less than 1 in 24. But since the barley is not counted at all, the contamination is at least a full twenty-fourth of the volume of wheat grain and the mixture is forbidden., even so the two kinds would not combine for permission.
וְתַנֵּי עַלָּהּ כְּגוֹן שְׁלֹשֶׁת קַבִּין וְאַרְבָּעַת קַבִּין הָא קַבַּיִים אֶחָד מֵעֶשְׂרִים וְאַרְבַּע. בֶּאֱמֶת אָמַר רִבִּי לָֽעְזָר כָּל־מָקוֹם שֶׁשָּׁנוּ בֶּאֱמֶת הֲלָכָה לְמֹשֶׁה מִסִּינַי. וְתַנֵּי עֲלָהּ כְּגוֹן קַב וַחֲצִי קַב. הָא קַבַּייִם בְּרוֹבַע. הָכָא אַתְּ אָמַר קַבַּייִם בְּרוֹבַע. וְהָכָא אַתְּ אָמַר קַבַּייִם אֶחָד מֵעֶשְׂרִים וְאַרְבָּעָה. רִבִּי זְעִירָא וְרִבִּי אָבוּנָא בְשֵׁם רַב הוּנָא. חַד אָמַר תִּשְׁעַת קַבִּין וְחָרָנָה אָמַר עַד שְׁמוֹנֶה. We have stated about this, “three or four qab,” hence two qab go by one in 2435The rule of the first Mishnah covers all seeds which need between four and three seah, i. e., between ⅔ and ½ seah per bet seah. Hence, seeds that need less volume are considered kitchen vegetables and go by 1/24. In slightly different language, this is explicitly stated in Tosephta Kilaim 1:16.. “In truth;” Rebbi Eleazar said that every place where they stated “in truth,” it is practice going back to Moses on Mount Sinai.36This principle is also accepted in the Babli, Baba Meẓia‘ 60a. And we stated about this, for example a qab or half a qab37Halakhah 1, Notes 22–24.Hence, two qab go by a quarter. Here you say, two qab by a quarter, and there you say, two qab by one in 24. Rebbi Zeïra and Rebbi Abun in the name of Rav Huna; one says, nine qab, the other says, eight qab38If one only needs 2 qab, ⅓ seah, for seeding, then the contamination is by a quarter, as expressed in the Tosephta, not for 1 seah but for 1⅓ to 1½ seah (8 to 9 qab). For smaller quantities, one goes by the 1/24 rule; the two statements are complementary, not contradictory..
תִּשְׁעָה וַעֲשָׂרָה מַהוּ שֶׁיִּצְטָֽרְפוּ. אִיתָא חֲמִי תִּשְׁעָה וּשְׁלֹשָׁה מִצְטָֽרְפִין. תִּשְׁעָה וַעֲשָׂרָה לֹא כָּל־שֶׁכֵּן. Do nine and ten join together39It was stated that seeds which need 8 or 9 qab are contaminated by a quarter of seeds which need two qab. Does this rule extend to seeds that need 10 qab? The answer is, since 3 qab go by the quarter rule, and 9 qab go by the same rule, the difference between 9 and 10, a mere 10% from above, is not large enough to change the rules. Hence, if seeds which need 9 or 10 qab contaminate seeds which need one seah, they are measured by 9/24 = ⅜ qab per seah of the main seed. In the opinion of R. Simson, if half of the contamination is by seeds which need 9 qab, this half is measured by 9/24, the other half by 10/24. (Maimonides does not mention these rules in his Code.)? Come and see, nine and three come together, so much more nine and ten!
רִבִּי אָבִין וְרִבִּי חֲנִינָה תְּרַוֵּיהוֹן אָֽמְרִין סְאָה חוֹלֶקֶת בֵּינֵיהוֹן וְרוֹבַע סְאָה אָסוּר בִּשְׁלֹשֶׁת קַבִּין וְרוֹבַע שְׁלֹשֶׁת קַבִּין אָסוּר בִּסְאָה. רוֹבַע סְאָה אָסוּר בְּתִשְׁעָת קַבִּין וְרוֹבַע תִּשְׁעַת קַבִּין אֲסוּרִין בִּסְאָה. שְׁלֹשֶׁת רְבָעִים שֶׁל פִּשְׁתָּן אוֹסְרִין בִּסְאָה. הֵיךְ עֲבִידָא. אֲתַר דִּזְרַע רוֹבַע דְּחִיטִּין זְרַע תְּלָתָא רוֹבָעִין דְּכִיתָּן. Rebbi Abin and Rebbi Ḥanina both say that a split seah is between them40The difference between the Sages and Rebbi Simeon is whether wheat grain is the standard by which everything is measured or whether every kind has its own standard. The examples given all go by the rule of R. Simeon.. A quarter seah may prohibit three qab41A quarter seah is half of three qab, not 1 in 24. The explanation is that if some plants need 6 seah of seeds for a bet seah, then they contaminate in 6÷24 = .25 seah, even if the main seed is one that needs only half a seah to cover a bet seah. All other examples follow the same pattern and are really superfluous., and a quarter of three qab may prohibit a seah42Here the contaminating seed needs 18 qab = 3 seah per bet seah.. A quarter seah may prohibit nine qab43The contaminating seed needs 4 seah per bet seah, the contaminated seed is standard., and a quarter of nine qab may prohibit a seah44The contaminating seed needs 6 seah per bet seah.. Three quarters of flax seed prohibit a seah. How is this? On a plot on which one sows one quarter of wheat, one sows three quarters of flax seed.