to restrict who can do it.
במדבר יח) אתם פרט לשותפין.
אתם פרט לאפיטרופוס.
אתם פרט לתורם שאינו שלו.
אתם פרט לשותפין.
והתנינן השותפין שתרמו.
אלא כאן בתרומה גדולה.
כאן בתרומת מעשר.
כלום למדו תרומה גדולה לא מתרומת מעשר?!
אלא כאן להלכה.
כאן למעשה.
אַתֶּם - "you (pl.)" - excluding partners
אַתֶּם - "you (pl.)" - excluding a legally appointed guardian
אַתֶּם - "you (pl.)" - excluding one who takes off teruma from that which is not his.
אַתֶּם - "you (pl.)" - excluding partners:
But we learned in a mishna: The partners who took of teruma...!
Rather here for teruma gedola (normal teruma) {partners can separate}
Here for terumat maaser {partners cannot, for the word אַתֶּם is written by terumat maaser.}
But do we not learn {the laws of} teruma gedola from terumat maaser?!
Rather, here for halacha {understood as the lichatchila, partners should not}
Here limaaseh {actual action - that is, after the fact, bidieved.}
The Korban HaEda explains that there is a gezeira, a rabbinic decree. In general, partners are not makpid, insistent, that one not take off for the other. If they were makpid it would be invalid. They made a gezeira on the general case because of the case when they are makpid. But, bidieved, after the fact, they would not invalidate it.
It is strange to talk of gezeira when after all the law is initially derived from a Biblical word - אַתֶּם! Perhaps that is the source for partners who are makpid. Still, the injection of rabbinic decree seems unwarranted here. Also, perhaps it is only teruma dirabbanan, but then the Biblical derivation again presents a problem.
On the other hand, it is generally accepted that there can be no lichatchila and bidieved in Biblical law. There are exceptions in the law of chalitza, and I've seen some in the laws of sota. This would present another counterexample, if it is indeed meant to be Biblical. One could take the possibly facile out and say that the derivation from אַתֶּם is an asmachta, a hint to a rabbinic law, but the law is not in fact derived from there. But I think this gemara is important as a possible counterexample to the assumption that there is no lichatchila and bidieved in Biblical law.
It is strange to talk of gezeira when after all the law is initially derived from a Biblical word - אַתֶּם! Perhaps that is the source for partners who are makpid. Still, the injection of rabbinic decree seems unwarranted here. Also, perhaps it is only teruma dirabbanan, but then the Biblical derivation again presents a problem.
On the other hand, it is generally accepted that there can be no lichatchila and bidieved in Biblical law. There are exceptions in the law of chalitza, and I've seen some in the laws of sota. This would present another counterexample, if it is indeed meant to be Biblical. One could take the possibly facile out and say that the derivation from אַתֶּם is an asmachta, a hint to a rabbinic law, but the law is not in fact derived from there. But I think this gemara is important as a possible counterexample to the assumption that there is no lichatchila and bidieved in Biblical law.
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