Yadayim 4:3-4

Yadayim 4:3

On that day they discussed Ammon and Moav in the seventh (i.e., the sabbatical) year. Rabbi Tarfon ruled they should give tithe for the needy, while Rabbi Elazar ben Azarya ruled they should take second tithe. Rabbi Yishmael told Rabbi Elazar ben Azarya that the burden of proof is on him because his is the more stringent position and the burden of proof is on the one with the more stringent view. Rabbi Elazar ben Azariah replied that he hasn’t deviated from the order of the years; Rabbi Tarfon has, so the burden of proof is on him. Rabbi Tarfon replied that Egypt is outside of Israel, and Ammon and Moav are outside of Israel; just as Egypt gives tithe for the needy in the seventh year, Ammon and Moav must give tithe for the needy in the seventh year. Rabbi Elazar ben Azarya responded that Babylonia is outside of Israel, and Ammon and Moav are outside of Israel; just as Babylonia takes second tithe in the seventh year, Ammon and Moav must take second tithe in the seventh year. Rabbi Tarfon responded that the Sages imposed tithe for the needy on Egypt, which is near, so that the needy of Israel could be supported by it in the seventh year. Similarly, Ammon and Moav are near, so tithe for the needy should be imposed on them in order that the needy of Israel might be supported by it in the seventh year. Rabbi Elazar ben Azarya responded that Rabbi Tarfon is like one who would benefit them financially but to their spiritual detriment. It’s robbing from Heaven, which will prevent dew and rain from descending as per Malachi 3:8, “Will a man rob God like you rob Me? You ask, ‘How have we robbed You?’ In tithes and trumah.” Rabbi Yehoshua answered on behalf of Rabbi Tarfon but not based on his arguments. The law regarding Egypt is a new enactment, while the law regarding Babylonia is an old enactment. The law under discussion is a new enactment, which should be derived from new enactment, not from an old one. The law regarding Egypt is an enactment of the Elders and the law regarding Babylon is an enactment of the prophets. The law under discussion is an enactment of the Elders which should be derived from an enactment of the Elders and not from an enactment of the prophets. They voted and decided that Ammon and Moav should give tithe for the needy in the seventh year. When Rabbi Yosi ben Durmaskit visited Rabbi Eliezer in Lod, Rabbi Eliezer asked what new thing he had heard in the study hall that day. Rabbi Yosi responded that they voted and decided that Ammon and Moav must give tithe for the needy in the seventh year. Rabbi Eliezer wept and cited Psalms 25:14, “Hashem’s secret is with those who revere Him; His covenant is to make them know it.” He asked Rabbi Yosi to tell them not to worry about the result of their vote since he had received a tradition from Rabbi Yochanan ben Zakkai, who heard from his teacher, and his teacher from his teacher all the way back to a law given to Moshe at Sinai that Ammon and Moav must give tithe for the needy in the seventh year.

Yadayim 4:4

On that day Yehuda, a convert from Ammon, came before the Sages and asked if he was able to join the general marriage pool. Rabban Gamliel ruled him forbidden and Rabbi Yehoshua ruled him permitted. Rabban Gamliel cited Deuteronomy 23:4, “An Ammonite and a Moabite may not enter the congregation of Hashem, even to the tenth generation.” Rabbi Yehoshua replied, “Are the Ammonites and Moabites in their native lands? Sancheriv, the king of Assyria, came and mixed all the nations together as per Isaiah 10:1, “I have removed the boundaries of the peoples, raided their treasures and have brought down the mighty number of their inhabitants.” Rabban Gamliel responded with Jeremiah 49:6, “Afterwards, I will return the captives of the children of Ammon,” meaning that they have returned. Rabbi Yehoshua countered with Jeremiah 30:3, “I will return the captives of my people Israel and Yehuda” – but they haven’t returned yet. They therefore permitted him to join the general marriage pool.