There are two Talmuds, the Jerusalem Talmud and the Babylonian Talmud. The Jerusalem Talmud probably originated in Tiberias and was compiled no later than 400 CE. The Babylonian Talmud was compiled primarily in the yeshivot of Sura and Pumbedita in the year 500 CE, but redaction continued for two more centuries. The Jerusalem Talmud contains Gemaras on the Mishnahs in the Order of Teharot which deals with the laws of tumah and teharah. The Babylonian Talmud doesn’t have any Gemara on the order of Teharot. Because it doesn’t, the Babylonian sages take an opportunity to discuss these laws in the last third of the first chapter of massekhet Pesakhim because of the Mishnah found on daf 14a (for review go to https://www.sefaria.org/Pesachim.20b.6?lang=bi&with=all&lang2=en). There the question was posed whether one is allowed to burn trumah that is kosher, but hametz with trumah temay-ah erev Passover when the first day of Passover is Shabbat. Today’s daf TB Pesakhim 20 comes full circle and reviews the issue.
“Rav Ḥisda raised a contradiction between one statement with regard to Passover and
another statement with regard to Passover, and he resolved this
contradiction himself. The Gemara elaborates: Did Rabbi
Yehoshua actually say that both of them may be burned as
one, teruma whose purity is uncertain (תְּרוּמוֹת תְּלוּיוֹת), and
definitely impure teruma (תְּרוּמוֹת טְמֵאוֹת), on Passover eve?
“And he raised a contradiction from the Tosefta, as Rabbi Yosei said: The inferred conclusion of burning pure and impure leaven together is not similar to the case from which you cited proof. When Rabbi Meir said that the Sages, Rabbi Ḥanina the deputy High Priest and Rabbi Akiva, testified, about what did they testify? If you assert that Rabbi Meir said with regard to meat that became ritually impure through contact with a secondary source of impurity, that one may burn it together with meat that became impure through contact with a primary source of impurity, that is a case where both this meat is impure and that meat is impure, albeit not at the same level of impurity.
“Rabbi Yosei continues: If you
say that Rabbi Meir is
referring to the statement of Rabbi Akiva, with regard to oil that was
disqualified by one who immersed himself during that day, that one may kindle
it in a lamp that became ritually impure with first-degree impurity through
contact with one who became ritually impure with impurity imparted by a
corpse, that is a case where this substance is disqualified and
that object is impure. We also concede with regard to teruma that
became impure from a secondary source of impurity, that one may burn it
with teruma that became ritually impure from a primary source of
impurity, even though the first teruma will assume a greater degree
of impurity. However, how will we burn teruma in abeyance,
i.e., teruma whose impure status is uncertain, together with ritually
impure teruma? Perhaps Elijah the Prophet will come
and establish prophetically that the teruma is not ritually impure, and
render it ritually pure.
“And Rav Ḥisda himself resolved the contradiction: This
statement that was taught in the name of Rabbi
Yehoshua, that one burns teruma in abeyance together with ritually
impure teruma, is the ruling of Rabbi Shimon and in accordance with the
opinion of Rabbi Yehoshua, whereas that
statement, that one may not burn them together, is the ruling of Rabbi
Yosei and in accordance with the opinion of Rabbi
Yehoshua.” (Sefaria.org translation)
After all
these days studying issues surrounding topics of tumah and taharah, you
may be asking yourself when will we learn whether one is allowed to burn trumah
that is kosher, but hametz with trumah temay-ah erev Passover
when the first day of Passover is Shabbat? Your wait is over. Moses Maimonides decides
one may not burn trumah that is kosher,
but hametz with trumah temay-ah together
because the halakhah follows Rabbi Yosei’s position when he is disputing Rabbi
Meir. (Mishneh Torah, Sefer Zemanim, the Laws of Hametz and Matzah, chapter
3 halakhah 4)
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