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13 - Hazmanah milta: whether the designation of an object for a particular use is effective

Published online by Cambridge University Press:  06 January 2010

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Summary

The sugya is Sanhedrin 47b–48b. Hazmanah means ‘to set aside’, ‘to designate’. The basic question considered is whether an object that acquires a certain status in law when used for a particular purpose acquires that status even when it has only been designated for that purpose. The example given is the weaving of a garment (a shroud) for a corpse. It is forbidden to enjoy any benefit from a corpse, its grave or its shroud. Abbaye holds that the mere designation for the purpose suffices to render the garment forbidden – hazmanah milta hi, lit. ‘hazmanah is a thing’, i.e. it has substance so that the garment is forbidden as if it had actually been used. Rava holds that mere designation is insufficient to render the garment forbidden - hazmanah lav milta hi, lit. ‘hazmanah is not a thing’, i.e. has no substance, is ineffective, and the garment is not forbidden until it has actually been used as a shroud.

The sugya begins with the debate between Abbaye and Rava: ‘It has been stated: If one weaves a garment for a corpse: Abbaye said: It is forbidden. But Rava said: It is permitted. Abbaye said it is forbidden; hazmanah is effective. But Rava said it is permitted; hazmanah is ineffective.’

The term itmar, ‘It has been stated’, the usual Talmudic term to introduce a debate between Amoraim is obviously an editorial device. From the fact that ‘Abbaye said… But Rava said’ is repeated, it would seem to be equally certain that the explanation of Abbaye and Rava's views on whether hazmanah is effective or ineffective is not Abbaye and Rava's own but it similarly editorial. […]

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The Talmudic Argument
A Study in Talmudic Reasoning and Methodology
, pp. 122 - 132
Publisher: Cambridge University Press
Print publication year: 1984

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