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MISHNA I.: Cattle must not be placed in the inns of the heathens because they are suspicious of having sexual intercourse with them. 1 And for the same reason a female must not stay alone with them, because they are suspected of insult; nor should a male stay with them alone, because they are suspected of bloodshed.
GEMARA: There is a contradiction from the following: One may buy from them cattle for sacrificing without fear that it was instrumental in the committing of a crime or that it was separated as a sacrifice to an idol, or that it was itself worshipped. Now it is correct that there is no fear of its being separated or worshipped, for if such were the case, he would not sell it. But why should not be feared its said relation to a crime, and they not suspected? Said R. Ta'hlipha in the name of R. Shila b. Abina, quoting Rabh: With his own cattle, the heathen is not suspected, because of his economy that the cattle should not become uprooted. This, however, can apply only to female cattle; what can be said concerning male cattle? Said R. Kahana: Here, also, the same reason may apply, as the cattle become meagre from such employment. But why must one not place female cattle in the inns which are under the control of females? Said Mar Uqua b. Hama: Because the heathens are wont to visit the wives of their neighbors, and if such visitor happened not to find the hostess, he may substitute the cattle.
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[paragraph continues] And to the question of the schoolmen: How is the law with fowls? R. Jehudah in the name of Samuel, quoting R. Hannina, said: I have seen a heathen who bought a goose in the market, sexually intercoursed with it, chopped, roasted and consumed it, and R. Jeremiah of Diphte said that he had witnessed a similar affair by an Arabian.
Rabbina said: There is no contradiction between the Boraitha cited, which does not consider suspicion, and the Mishna which does, as the Mishna speaks of starting, which is forbidden and the Boraitha speaks of a case which was already done, where suspicion is no sufficient basis for forbidding. And whence do we know that such difference is considered? From a Mishna which states that a woman captured by a heathen because of a civil case is allowed to her husband, but not if captured because of a criminal case. We see, then, that although our Mishna forbids a woman to stay alone with a heathen, yet the act having taken place, she is allowed to return (hence there is a difference between starting an act and an act done). But perhaps the reason why she is allowed to her husband when captured because of a civil case, is that the heathen was afraid to touch her lest he lose his money? And such seems to be the case, as the second part states: If because of a criminal case, she is not allowed; and to this discussion nothing is to be added. R. Pdath said: The difference between our Mishna and the Boraitha is to be explained thus: The former is in accordance with R. Eliezer of a Mishna (par. II. i), and the Boraitha is in accordance with the rabbis thereof, as according to the former, the red cow must not be bought from a heathen; and according to the latter, it may. And the reason is the above suspicion which, according to one, is considered, and according to the other, it is not. But perhaps there is another reason, as Shila explained. The reason of R. Eliezer is, in the following [Numb. xix. 2]: "Speak unto the children of Israel that they bring unto thee a completely red cow," which signifies that the children of Israel shall bring, but not other nations? This cannot scarcely be the reason, as the latter part states: "And so has Eliezer invalidated all the sacrifices which were bought from heathens," to which the above reason cannot apply, as concerning them such an expression is not used. But perhaps the rabbis differ with R. Eliezer concerning the red cow only because of its great value, which the heathens would not like to lose; but concerning other sacrifices, would they agree with R. Eliezer? Nay;
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in the first place there is a Boraitha: One may buy from them cattle for the purpose of sacrificing, which would be neither in accordance with the rabbis, nor with R. Eliezer; and secondly, it states there plainly: The rabbis have answered to R. Eliezer with [Is. lx. 7]: "All the flocks of Kedar . . . upon my altar." But is, indeed, "suspicion" the reason of R. Eliezer's statement; is there not a Boraitha: The sages then said to R. Eliezer: We know of a case that the red cow was bought from a heathen by the name of Dama or Remetz; and he answered: This is no evidence, as the Israelites had watched over it from the time it was created? R. Eliezer's reason was both--the expression concerning a red cow cited above, and also "suspicion."
GEMARA: There is a contradiction from the following: One may buy from them cattle for sacrificing without fear that it was instrumental in the committing of a crime or that it was separated as a sacrifice to an idol, or that it was itself worshipped. Now it is correct that there is no fear of its being separated or worshipped, for if such were the case, he would not sell it. But why should not be feared its said relation to a crime, and they not suspected? Said R. Ta'hlipha in the name of R. Shila b. Abina, quoting Rabh: With his own cattle, the heathen is not suspected, because of his economy that the cattle should not become uprooted. This, however, can apply only to female cattle; what can be said concerning male cattle? Said R. Kahana: Here, also, the same reason may apply, as the cattle become meagre from such employment. But why must one not place female cattle in the inns which are under the control of females? Said Mar Uqua b. Hama: Because the heathens are wont to visit the wives of their neighbors, and if such visitor happened not to find the hostess, he may substitute the cattle.
p. 42
[paragraph continues] And to the question of the schoolmen: How is the law with fowls? R. Jehudah in the name of Samuel, quoting R. Hannina, said: I have seen a heathen who bought a goose in the market, sexually intercoursed with it, chopped, roasted and consumed it, and R. Jeremiah of Diphte said that he had witnessed a similar affair by an Arabian.
Rabbina said: There is no contradiction between the Boraitha cited, which does not consider suspicion, and the Mishna which does, as the Mishna speaks of starting, which is forbidden and the Boraitha speaks of a case which was already done, where suspicion is no sufficient basis for forbidding. And whence do we know that such difference is considered? From a Mishna which states that a woman captured by a heathen because of a civil case is allowed to her husband, but not if captured because of a criminal case. We see, then, that although our Mishna forbids a woman to stay alone with a heathen, yet the act having taken place, she is allowed to return (hence there is a difference between starting an act and an act done). But perhaps the reason why she is allowed to her husband when captured because of a civil case, is that the heathen was afraid to touch her lest he lose his money? And such seems to be the case, as the second part states: If because of a criminal case, she is not allowed; and to this discussion nothing is to be added. R. Pdath said: The difference between our Mishna and the Boraitha is to be explained thus: The former is in accordance with R. Eliezer of a Mishna (par. II. i), and the Boraitha is in accordance with the rabbis thereof, as according to the former, the red cow must not be bought from a heathen; and according to the latter, it may. And the reason is the above suspicion which, according to one, is considered, and according to the other, it is not. But perhaps there is another reason, as Shila explained. The reason of R. Eliezer is, in the following [Numb. xix. 2]: "Speak unto the children of Israel that they bring unto thee a completely red cow," which signifies that the children of Israel shall bring, but not other nations? This cannot scarcely be the reason, as the latter part states: "And so has Eliezer invalidated all the sacrifices which were bought from heathens," to which the above reason cannot apply, as concerning them such an expression is not used. But perhaps the rabbis differ with R. Eliezer concerning the red cow only because of its great value, which the heathens would not like to lose; but concerning other sacrifices, would they agree with R. Eliezer? Nay;
p. 43
in the first place there is a Boraitha: One may buy from them cattle for the purpose of sacrificing, which would be neither in accordance with the rabbis, nor with R. Eliezer; and secondly, it states there plainly: The rabbis have answered to R. Eliezer with [Is. lx. 7]: "All the flocks of Kedar . . . upon my altar." But is, indeed, "suspicion" the reason of R. Eliezer's statement; is there not a Boraitha: The sages then said to R. Eliezer: We know of a case that the red cow was bought from a heathen by the name of Dama or Remetz; and he answered: This is no evidence, as the Israelites had watched over it from the time it was created? R. Eliezer's reason was both--the expression concerning a red cow cited above, and also "suspicion."
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