Oil, Tax Loopholes, and Tithing (Menachot 67b)

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Now for the post.

The Talmud asks the question: Why is an idolater's terumah (priestly tithe) valid? Technically, if we read the Bible there is no evidence that an idolater can bring a tithe to the Temple.  The reason for this is because the specific act that makes grain subject to tithing is the "smoothing" of the grain during preparation. Without smoothing, grain is technically not subject to tithes, and any grain not subject to tithes cannot be brought to the temple, even as a gift. Therefore, if an idolater were to smooth grain the grain would never be subject to the laws of tithing.

However the rabbis noticed that something odd was happening with the grain. Since terumah is donation by percentage (like any tithe), it meant that those who were rich and could afford a lot of grain also had to donate a lot to the Temple. So what did they do? They transferred the ownership of the grain to idolators right before the grain was to be "smoothed." Then after the idolator smoothed the grain (and it was no longer subject to the laws of terumah) they transferred the ownership back wealthy person, and thus no one was obligated in this particular tithe.

To counter this, the rabbis decided that the terumah of idol worshipers would be valid!

If we consider terumah to be a tax to the Temple, there is a lot in common with the actions of these wealthy individuals and the oil companies who set up offices in other nations to avoid paying US taxes. The rabbis noticed these tax loopholes in their system and thus added strictures on the biblical law in order to close them?

Maybe we should use the rabbis as a model and do the same?

As it turns out the senate is voting TODAY on at least part of the issue. I don't know enough about the bill to endorse it or reject it but one has to admit, it's funny when timing works out like it does.

The Lesser of Two Evils: Be a Good Samaritan (Menachot 64a)

A good puzzle in Friday's Daf:

Rava asked: If a sick person was assessed as needing to eat two dried figs on Shabbat (because doing so would save their life) and there are two dried figs attached to two stems or there are three figs attached to one stem which do we bring?

Here's the problem. If the person only needs two figs but we bring him three we have plucked on too many figs for him. Jewish law allows one to violate the laws of Shabbat (in this case the prohibition against reaping) in order to heal a sick person. However, anything above the bare minimum is considered a true violation and is not excused in order to help the sick person. This prohibition is called "ribui b'shurin."

On the other hand, if one plucks the two stems each with a single fig on it they have not wasted any figs,  however they have done TWO acts that are a desecration of Shabbat - two reaping are worse than one. So what is the answer?

According to the Talmud, it the answer is obvious. We should bring three figs on one stem. In the fight between a desecration of amount or a desecration of number of actions, the Talmud rules in favor of avoiding the latter.  For our commentators, the reason is because bringing three figs violates a prohibition of the rabbis while plucking twice violates a biblical prohibition.

However, I think there is something more here. When one needs to save a life, they must act fast. There are times when you know what you are doing is clearly wrong. No lifeguard should pull a potential spinal victim out by their neck. Doing so is irresponsible like choose to pluck twice when one only needs to pluck once. However, when you have the potential to save someone's life you shouldn't be held accountable for acting fast even if you make small mistakes along the way. Using the same example, you could have turned the spinal victim more smoothly, you could have hooked them up tighter to the backboard, however, if you do the best you can, you should not be held liable. Don't count the figs like you don't scrutinize the knots on the backboard. Just act!

Rava's puzzle teaches us that good samaritan laws applty in some form to the rabbis.

A coda to the last post (Menachot 62a)

It turns out there is a proof text for why we should engage as many people as possible in ritual acts. In discussing why there are three priests involved in a particular act of ritually waving a sacrifice.

The text reads as follows:
With the multitude of people is the glory of the King (Prov 14:28).

Turns out that sharing in tasks was so important that it wasn't just something the Kohanim did. Rather it was a value for which they looked for a precedent in the Bible.

Now I really have to find Ark openers for the next high holy day!