Pesachim 23 – Exceptions

On the previous page, Rabbi Abahu stated a rule that anything that the Torah prohibited to eat is also prohibited to use and sell. The Talmud keeps asking questions about this rule. Take, for example, the Kohen’s portion: a non-priest should not eat it, but one can use it for his eruv. Rabbi Abahu says that it is an exception: the Torah said, “This will be the priest’s portion for you,” which means that it is “for you,” you can use it, though not eat it.

Then what about wine for a Nazirite? He cannot drink it, but we can make an eruv of wine for him?! Again, this is an exception: the Torah said, “All the days of his vow, wine is forbidden” – the word “his” tells us that it is his, though forbidden for drinking.

What about the small non-kosher animals such as rats or rabbits: one cannot eat them, but if he catches them in a net accidentally, he can sell them?! – Again, exception: the Torah said, “They will be an unpleasant thing for you,” and this “for you” teaches that they will be yours, only prohibited for eating.

After a few more such examples we cannot find where the rule of “don’t eat, don’t use” is ever applicable, and what is the difference between “don’t eat” of Rabbi Abahu and “won’t be eaten” of Chizkiyah. We finally find only one such case: an animal that was brought into the Temple and slaughtered there, even though it was not a sacrifice – and the difference is whether this meat can be sold or not.

Art: Children Playing With Rabbits By Felix Schlesinger