תלמוד על שביעית 1:3

HALAKHAH: Rebbi Crispus in the name of Rebbi Joḥanan, Ḥananiah ben Gamliel⁸⁰He might be R. Ḥananiah ben Gamliel, oldest son of Rabban Gamliel, brother of Rabban Simeon ben Gamliel, Tanna of the fourth generation. In that case, it would be difficult to disagree with his determination, since he would have heard from his father that with the two terms he also abolished the prohibition of building.: The Mishnah refers to the prohibition of the two terms⁸¹Cf. Chapter 1, Note 5. Since the prohibition was lifted, the Mishnah would no longer be operative.. It was stated: “Rebbi Jehudah and Rebbi Neḥemiah forbid it⁸²This fragment of a baraita contradicts Tosephta 3:4: “Rebbi Neḥemiah says one builds steps out of ravines in the year before the Sabbatical and fills them with earth during the Sabbatical down to the ravine.” If there is a text by R. Neḥemiah that forbids building, that text would refer to the prohibition of the two terms and the Tosephta to the permission..” Does this not refer to the prohibition of the two terms, so here also about the prohibition of the two terms. Rebbi Shammai inquired: If this is about the prohibition of the two terms, did we state that one is permitted to plough⁸³After the rains stopped, some time before Passover, it is possible to plough until Pentecost at least, but it would be forbidden to build. This does not make sense since ploughing is a direct agricultural activity but building is only an indirect one. but forbidden to build? So it must refer to the permission of the two terms. If it refers to the permission of the two terms, we have stated: “But he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical.” Rebbi Mana said, is Rebbi Shammai correct? In the first case, one is permitted to plough because that prepares for the year after the Sabbatical⁸⁴It is good practice to plough a field with large furrows before letting it lay fallow.. It is forbidden to build since that prepares for the Sabbatical. The Mishnah does not say so, “but he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical.⁸⁵Hence R. Crispus in the name of Rebbi Joḥanan is justified and practice should follow R. Neḥemiah in the Tosephta.”