Avodah Zarah, Daf Samekh Daled, Part 2
Introduction
Yesterday s section concluded with a baraita which forbid a Jew from working with a Gentile to hoe a field of mixed seeds, but allowed him to uproot the seeds because this was reducing impropriety.
סברוה הא מני ר’ עקיבא היא דאמר המקיים בכלאים לוקה דתניא המנכש והמחפה בכלאים לוקה ר"ע אומר אף המקיים
They thought that the statement [that uprooting is permitted] was [even according to] R. Akiva who said: He who helps to preserve mixed seeds is liable to the punishment of lashes; for it has been taught: He who weeds or covers mixed seeds with soil is liable to the punishment of lashes; R. Akiba says: Also he who helps to preserve them.
The rabbis who heard this baraita originally thought that it follows even R. Akiva. R. Akiva is more strict when it comes to the laws of mixed seeds. It is not only forbidden to plant them, or weed them, it is also forbidden to preserve them. Nevertheless, R. Akiva would allow one to uproot them for that is reducing improper things.
מ"ט דר"ע אמר קרא שדך לא תזרע כלאים אין לי אלא זורע מקיים מנין ת"ל לא כלאים
ואילו למעוטי תיפלה שרי
What is R. Akiva’s reason? Scripture says, You shall not sow your field with two kinds of seed (Leviticus 19:19). I only know this about sowing; from where do I know that [it is also forbidden to] preserve them? Scripture says, No . . . with a diverse kind.
But reducing what is improper is permitted!
The Talmud provides the midrashic support for R. Akiva s reasoning. Rashi says that the midrash that allows R. Akiva to prohibit preserving mixed seeds is from the earlier clause which actually prohibits one from mixing different breeds of animals. In any case, the conclusion is that one may uproot the mixed seeds, even according to R. Akiva.
לא הא מני רבנן היא
אי רבנן מאי איריא עוקרין אפי’ קיומי נמי שפיר דמי
No, whose opinion is this? The rabbis.
If it is the opinion of the rabbis, why specify We may uproot them, since according to them it would even be allowed to preserve them.
The Talmud now says that the baraita is the opinion of the rabbis. This would mean that R. Akiva would rule even more strictly, prohibiting even uprooting the plants.
The problem is that if the baraita is the rabbis, why would it specific that uprooting is permitted, for according to the rabbis one may even aid in preserving the mixed seeds. In other words, by saying that uprooting is prohibited, it implies that preserving them is permitted, and this is R. Akiva s opinion.
הכא במאי עסקינן כגון דקא עביד בחנם ור’ יהודה היא דאמר ליתן להם מתנת חנם אסור
What are we dealing with here? For instance when he worked for free, and it is in accord with the teaching of R. Judah who said: It is forbidden to give them a free gift.
The Talmud resolves this by saying that in this case he was working for free, and this opinion follows R. Judah who holds that one may not aid a non-Jew for free. Therefore, uprooting would be permitted but preserving would be prohibited. But if he was getting paid, even preserving would be permitted.
מדרבי יהודה נשמע לר"ע לאו אמר ר’ יהודה אסור ליתן להם מתנת חנם אבל למעוטי תיפלה שפיר דמי לר"ע נמי אע"ג דא"ר עקיבא המקיים בכלאים לוקה למעוטי תיפלה שפיר דמי ותו לא מידי
[But nevertheless] from R. Judah’s statement we could infer something about R. Akiva s view. Did not R. Judah say that it is forbidden to give them a free gift, but it is okay to reduce what is improper. The same then would be for R. Akiva, although he said that he who preserves [mixed seeds] is liable to the punishment of lashes, it is okay for the purpose of reducing what is improper!
There is nothing further to discuss on this subject.
The Talmud now uses R. Judah s opinion to learn something about R. Akiva s. R. Judah says that one is allowed to reduce what is improper, even if this is a free gift. But then we could apply the same thinking to R. Akiva. R. Akiva allows a Jew to work for free. But all would agree that if he is being paid, he may uproot the mixed seeds or break the jugs of yayin nesekh. The baraita is now back to being a support for R. Nahman allowing the Jew to be hired to break jugs of yayin nesekh.