Hullin, Chapter One, Mishnah Seven



The final mishnah of our chapter continues to describe cases where a halakhah is opposite in different situations.


Mishnah Seven

1)      Temed:

a)      Before it has fermented it may not be bought with second tithe money and it renders a mikveh invalid;  

b)      After it has fermented it may be bought with second tithe money and it does not render a mikveh invalid. 

2)      Brothers who are partners [in their inheritance]:

a)      When they are liable to pay the kalbon, they are exempt from the cattle tithe,

b)      And when they are liable to the cattle tithe, they are exempt from the kalbon. 

3)      Whenever there is [the power] to sell, there is no fine, and whenever there is a fine there is no power to sell.

4)      Whenever there is the right of refusal there can be no halizah, and whenever there can be halizah there is no longer the right of refusal.

5)      When the shofar is blown there is no havdalah, and when there is habdalah the shofar is not blown.

a)      [Thus], if a festival falls on the day before Shabbat the shofar is blown but there is no havdalah;

b)      If it falls on the day following Shabbat there is havdalah but the shofar is not blown.  

c)      How do they recite havdalah [on a festival that follows Shabbat]?

d)      “Who distinguishes between holy and holy.”

i)        Rabbi Dosa says: “Who distinguishes between the more holy and less holy day.” 



Section one: Temed is a drink made from grapes that have already been squeezed in order to make wine. Until temed has fermented the rabbis consider it to be like water. One can buy food and drink with second tithe money but not water (see Maaser Sheni 1:3, 5) and therefore not temed. Since unfermented temed is water it also has the power to render a mikveh invalid. Only drawn water can invalidate a mikveh—other liquids do not.

Once it has fermented it is no longer water and therefore it can be bought with second tithe money and it does not invalidate a mikveh.

Section two: The kalbon refers to an extra amount that people had to pay over the half shekel that every Israelite was obligated to pay to the Temple each year (see Shekalim 1:7). When sons split their fathers inheritance and then shared it in a partnership, they are treated as are all partners and they are obligated to pay the kalbon. In other words, even though at one point all of the money was jointly owned by their father, they are now regarded as regular partners. If they jointly own animals they are exempt from paying the cattle tithe, as is always the rule for partners.

However, if they have not yet divided their inheritance, then we treat the inheritance as if it still belongs to their father. In such a case, they are obligated for the cattle tithe but not for the kalbon, because whenever a father pays the ½ shekel for his children, he is not liable to pay the kalbon.

Section three: This section is found in Ketubbot 3:8. There are two rights discussed here: 1) the right of a father to sell his daughter as a slave and 2) his right to receive the fine paid out by one who rapes her or seduces her. The father has the right to sell her while she is still a minor (ketanah), but not when she reaches the age of a na’arah (about 12). At this age there is no fine levied on the rapist or seducer.

Once she becomes a na’arah there is a fine which goes to the father. However, he no longer has the right to sell her.

Section four: The right of refusal refers to a girl’s right to annul marriage when that marriage was arranged by her mother or brother because her father had already died (see Yevamot 13:1-2). The right of refusal exists only when she is a minor.

However, a minor girl cannot perform halitzah (release from levirate marriage, see Yevamot 12:4). Thus if she was married off by her father and then her husband died before she reached majority age, she cannot perform halitzah until she is of majority age.

Section five: On Friday evening right before it became dark they would blow the shofar six times to let people know that Shabbat was beginning (see Sukkah 5:5). If this was a day in which they were blowing the shofar to let people know about Shabbat, then it definitely could not be time to recite the havdalah to separate a holy day from a non-holy day.

However, if it was a time to recite havdalah, then there would be no shofar blasts. On a normal Saturday evening this is clear. However, it is not always so clear, as we shall see now.

If the festival fell on Friday before Shabbat, then they would blow the shofar on Friday evening, as was normal. Blowing the shofar on a festival is not prohibited. However, they would not recite any havdalah at the end of the festival, since the sanctity of Shabbat is greater than that of the festival.

If the festival fell immediately after Shabbat, the opposite is true. They would recite havdalah, but not blow the shofar.

The final piece of the mishnah describes how the blessing was recited on Saturday night when a festival begins right after Shabbat. One could not simply recite “who distinguishes between a holy day and a profane day” because both Shabbat and the festival are holy. Therefore, according to the first opinion, one recites “who distinguishes between the holy and the holy.” Rabbi Dosa differs slightly and says that one should note that Shabbat is holier than the festival.