anan

Rebbi Yasa said in the name of Rebbi Joḥanan: That refers to divorce documents, but it does not apply to a gift. Rebbi Joḥanan adds something, Rebbi Simeon ben Laqish adds something. Rebbi Joḥanan adds something. Since a find which cannot be acquired by the knowledge of another person can be acquired within four cubits, should this rule not apply a fortiori to a gift that is acquired by the knowledge of another person? Rebbi Simeon ben Laqish adds something. Since a gift which cannot be acquired within four cubits can be acquired by the knowledge of another person, should this not a fortiori apply to a find?

Rebbi Yasa said in the name of Rebbi Joḥanan: That refers to divorce documents, but it does not apply to a gift. Rebbi Joḥanan adds something, Rebbi Simeon ben Laqish adds something. Rebbi Joḥanan adds something. Since a find which cannot be acquired by the knowledge of another person can be acquired within four cubits, should this rule not apply a fortiori to a gift that is acquired by the knowledge of another person? Rebbi Simeon ben Laqish adds something. Since a gift which cannot be acquired within four cubits can be acquired by the knowledge of another person, should this not a fortiori apply to a find?

Rebbi Yasa said in the name of Rebbi Joḥanan: That refers to divorce documents, but it does not apply to a gift. Rebbi Joḥanan adds something, Rebbi Simeon ben Laqish adds something. Rebbi Joḥanan adds something. Since a find which cannot be acquired by the knowledge of another person can be acquired within four cubits, should this rule not apply a fortiori to a gift that is acquired by the knowledge of another person? Rebbi Simeon ben Laqish adds something. Since a gift which cannot be acquired within four cubits can be acquired by the knowledge of another person, should this not a fortiori apply to a find?

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, and it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra said: Rebbi Eleazar (about one’s friend), Rebbi Joḥanan, and Rebbi Joshua ben Levi said the same thing. Rebbi Eleazar, as Rebbi Zeïra said in the name of Rebbi Eleazar: A man may acquire a find for his friend. Rebbi Joḥanan, as we have stated there (Mishnah Baba Meẓiah 1:5): “The finds of his minor sons and daughters, of his Gentile slaves and slave girls, and of his wife, belong to him. The finds of his adult sons and daughters, of his Jewish slaves and slave girls, and of his divorced wife in case that he had not yet paid her ketubah, belong to them. Rebbi Joḥanan said, if they are not dependents. But if they are dependent on their father, their finds belong to him. Rebbi Joshua ben Levi, as Rebbi Joshua ben Levi said: They disagree about a rich owner. But if the owner is poor, since he has the right to take it, the other person acquired it.

Rebbi Zeïra said: Rebbi Eleazar (about one’s friend), Rebbi Joḥanan, and Rebbi Joshua ben Levi said the same thing. Rebbi Eleazar, as Rebbi Zeïra said in the name of Rebbi Eleazar: A man may acquire a find for his friend. Rebbi Joḥanan, as we have stated there (Mishnah Baba Meẓiah 1:5): “The finds of his minor sons and daughters, of his Gentile slaves and slave girls, and of his wife, belong to him. The finds of his adult sons and daughters, of his Jewish slaves and slave girls, and of his divorced wife in case that he had not yet paid her ketubah, belong to them. Rebbi Joḥanan said, if they are not dependents. But if they are dependent on their father, their finds belong to him. Rebbi Joshua ben Levi, as Rebbi Joshua ben Levi said: They disagree about a rich owner. But if the owner is poor, since he has the right to take it, the other person acquired it.

Rebbi Zeïra said: Rebbi Eleazar (about one’s friend), Rebbi Joḥanan, and Rebbi Joshua ben Levi said the same thing. Rebbi Eleazar, as Rebbi Zeïra said in the name of Rebbi Eleazar: A man may acquire a find for his friend. Rebbi Joḥanan, as we have stated there (Mishnah Baba Meẓiah 1:5): “The finds of his minor sons and daughters, of his Gentile slaves and slave girls, and of his wife, belong to him. The finds of his adult sons and daughters, of his Jewish slaves and slave girls, and of his divorced wife in case that he had not yet paid her ketubah, belong to them. Rebbi Joḥanan said, if they are not dependents. But if they are dependent on their father, their finds belong to him. Rebbi Joshua ben Levi, as Rebbi Joshua ben Levi said: They disagree about a rich owner. But if the owner is poor, since he has the right to take it, the other person acquired it.

It was stated: If one hires a worker to do all kinds of work for him, the worker’s findings belong to his employer. Rebbi Simeon ben Laqish asked: If he wants to quit, he may quit; and you say that the find belongs to the employer? Rebbi Jacob bar Aḥa said that Rebbi Yasa asked, why do we need that of Rebbi Simeon ben Laqish, did we not understand that Rebbi Jacob bar Aḥa said that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree? Rebbi Joḥanan said, a man may acquire a find for his friend. But Rebbi Simeon ben Laqish said, a man cannot acquire a find for his friend.

It was stated: If one hires a worker to do all kinds of work for him, the worker’s findings belong to his employer. Rebbi Simeon ben Laqish asked: If he wants to quit, he may quit; and you say that the find belongs to the employer? Rebbi Jacob bar Aḥa said that Rebbi Yasa asked, why do we need that of Rebbi Simeon ben Laqish, did we not understand that Rebbi Jacob bar Aḥa said that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree? Rebbi Joḥanan said, a man may acquire a find for his friend. But Rebbi Simeon ben Laqish said, a man cannot acquire a find for his friend.

Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, even if he declared it abandoned property it is obligated. Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, the Sages decreed special leniency for gleanings.

Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, even if he declared it abandoned property it is obligated. Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, the Sages decreed special leniency for gleanings.

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Joḥanan said: It is by Rebbi Jehudah ben Ḥagra, as it was stated: “A Gentile who converted but had cut grain before he converted is free; after he converted, he is obligated. If it is in doubt, he is free. Rebbi Jehudah ben Ḥagra obligates him.” Rebbi Simeon ben Laqish said, it agrees with everybody: A Jew, who is obligated in principle, is also obligated in doubtful cases; a Gentile, who is not obligated in principle, is not obligated in doubt. Rebbi Joḥanan said: So did Rebbi Meïr argue with Rebbi Jehudah ben Ḥagra, do you not agree with me that gleanings in doubt are gleanings? Rebbi Simeon ben Laqish: So did Rebbi Meïr argue with the Sages, do you not agree with me that gleanings in doubt are gleanings?

Rebbi Joḥanan said: It is by Rebbi Jehudah ben Ḥagra, as it was stated: “A Gentile who converted but had cut grain before he converted is free; after he converted, he is obligated. If it is in doubt, he is free. Rebbi Jehudah ben Ḥagra obligates him.” Rebbi Simeon ben Laqish said, it agrees with everybody: A Jew, who is obligated in principle, is also obligated in doubtful cases; a Gentile, who is not obligated in principle, is not obligated in doubt. Rebbi Joḥanan said: So did Rebbi Meïr argue with Rebbi Jehudah ben Ḥagra, do you not agree with me that gleanings in doubt are gleanings? Rebbi Simeon ben Laqish: So did Rebbi Meïr argue with the Sages, do you not agree with me that gleanings in doubt are gleanings?

From where that gleanings in doubt are gleanings? Rebbi Samuel ben Naḥman in the name of Rebbi Jonathan: “Poor and rich, justify him” in his gifts. Rebbi Simeon ben Laqish in the name of Bar Qappara: (Ex. 23:6) “Do not bend the lawsuit of your destitute.” In his lawsuit, you may not bend, but you may bend for him in his gifts. Rebbi Joḥanan said, he acquires in this case, as Rebbi instructed us (Lev. 19:10, 23:22): “abandon,” put something before him of your own. Rebbi La said, it is written (Deut. 24:19–21): “It shall be the sojourner’s, the orphan’s, and the widow’s;” give him both from yours and from his!

HALAKHAH: Here you say that “one estimates what amount of gleanings that would have yielded, and he gives that to the poor.” But there, you say “all ears that touch the ground are for the poor.” Rebbi Abbahu in the name of Rebbi Joḥanan: They fined him because he put the stack on the gleanings of the poor. That is for intentional transgression; it is also for unintentional error, for sheaves, for a wheat stack on top of barley, even if it was stacked by others without his knowledge, even if he called the poor and they did not come.

Rebbi Zeïra, Rebbi Abbahu in the name of Rebbi Joḥanan: Four kab per kor. Rebbi Zeïra asked before Rebbi Abbahu: Four qab per kor or per bet kor? He said to him, per bet kor. There, we have stated: “What is the definition of a heap? Rather, if it is enough to let it fall. Rebbi Abbahu said, enough to let it fall as seed.” And here, he says so!

HALAKHAH: What is standing grain that saves standing grain? Rebbi Joḥanan said, the same as we have stated: a single ear on the field to be harvested and its head reaches to the standing grain. Rebbi Yose said, only if the harvested field surrounds it, and only if its head reaches the standing grain, and only if it can be cut together with standing grain. If it can be cut together with standing grain but standing grain cannot be cut with it, it is saved. If there were two, the inner one can be cut together with the outermost standing grain, but the outer one cannot be cut with the standing grain; the inner one is saved and saves.

Rebbi Hoshaia said, when I was mashing olives with the great Rebbi Ḥiyya, he said to me: Any olive that you can reach when stretching out your hand is not forgotten. Rebbi Joḥanan said, if he passed it over and forgot it, it is forgotten. The Mishnah disagrees with Rebbi Hoshaia: A single ear on the field to be harvested and its head reaches to the grain. Can you not stretch out your hand and take a single ear on the harvested field? Rebbi Illai in the name of Rebbi Hoshaia: They said that about the second row.

Rebbi Zeïra stated: Rebbi Abbahu in the name of R. Joḥanan: The reasoning of Rebbi Eliezer is inverted! There he makes him acquire, and here he says thus? He answered “according to your reasoning,” in your reasoning that you say it is by exchange. “How can the poor man exchange something that never was in his possession? But he has to give the poor man rights to the entire stack; then he gives tithes for one ear and gives to him.”

If he stood in town and said: I know that the workers are forgetting sheaves at place X; if they forgot it is not a forgotten sheaf. If he stood on the field and said: I know that the workers are forgetting sheaves at place X; [if they forgot] it is a forgotten sheaf, since it says (Deut. 24:19): “On your field and you forget a sheaf.” On the field you forget, but in town you do not forget. Rebbi Zeïra in the name of Samuel: The same holds in regard to found objects. Where are we holding? If he may touch it, in the city, even inside his field. Rebbi Abba bar Cahana, Rebbi Yasa in the name of Rebbi Joḥanan: Only if he can touch them, even inside his field.

HALAKHAH: Rebbi Jonah says, from the top, as you say (1Sam. 17:5): “A brass helmet on his head.” Round bundles, Rebbi Avinah said, from the bottom, as you say (Deut. 32:34): “It is hidden with me.” חֲרָרָה a wheel. Small sheaves, Rebbi Joḥanan said (Deut. 24:19): “When you will be harvesting the harvest of your field and you forget a sheaf on the field,” just as harvest has no other harvest after it, so too a sheaf, which has no other sheaf-making after it.

HALAKHAH: Rebbi Ḥiyya in the name of Rebbi Joḥanan: The reason of the House of Shammai (Lev. 19:10, 23:22) “for the poor and the sojourner.” Why does the verse say, “relinquish them”? There is another relinquishing like this one. Just as this one is for the poor and not the rich, also what is spoken of elsewhere is for the poor and not for the rich.

Property abandoned to animals but not to humans, to Gentiles but not to Jews, to rich but not to poor, everybody agrees that it does not have the status of abandoned property. For humans but not for animals, for Jews but not for Gentiles, for the poor of one town but not for the poor of any other town is a disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. In the opinion of Rebbi Joḥanan, this abandoning is legal abandoning. In the opinion of Rebbi Simeon ben Laqish, this abandoning is not legal abandoning. Rebbi Lia said, they disagree explicitly: Rebbi Joḥanan said, this abandoning is legal abandoning. Rebbi Simeon ben Laqish said, this abandoning is not legal abandoning.

Property abandoned to animals but not to humans, to Gentiles but not to Jews, to rich but not to poor, everybody agrees that it does not have the status of abandoned property. For humans but not for animals, for Jews but not for Gentiles, for the poor of one town but not for the poor of any other town is a disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. In the opinion of Rebbi Joḥanan, this abandoning is legal abandoning. In the opinion of Rebbi Simeon ben Laqish, this abandoning is not legal abandoning. Rebbi Lia said, they disagree explicitly: Rebbi Joḥanan said, this abandoning is legal abandoning. Rebbi Simeon ben Laqish said, this abandoning is not legal abandoning.

Property abandoned to animals but not to humans, to Gentiles but not to Jews, to rich but not to poor, everybody agrees that it does not have the status of abandoned property. For humans but not for animals, for Jews but not for Gentiles, for the poor of one town but not for the poor of any other town is a disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. In the opinion of Rebbi Joḥanan, this abandoning is legal abandoning. In the opinion of Rebbi Simeon ben Laqish, this abandoning is not legal abandoning. Rebbi Lia said, they disagree explicitly: Rebbi Joḥanan said, this abandoning is legal abandoning. Rebbi Simeon ben Laqish said, this abandoning is not legal abandoning.

What are we discussing? If it should be recognizable, two would be enough. If for a row, three would be enough. One scholar quoted this statement by Rebbi Joḥanan before Rebbi Simeon ben Laqish: Anything he can split and make into a row following the House of Shammai. Rebbi Jonah: That goes by proportionality; “if all sheaves of a field are of one qab each, except one which is of four qab and they forgot about that one,” if all sheaves of a field are of two qab each, except one which is of eight qab.

HALAKHAH: Rebbi Abun bar Ḥiyya in the name of Rebbi Joḥanan: If he made them like a Gamma (Γ).

Rebbi Hoshaia said, when I was mashing olives with the great Rebbi Ḥiyya, he said to me: Any olive you can reach when stretching out your hand is not forgotten. Rebbi Joḥanan said, if he passed it over and forgot it, it is forgotten.

Some Tannaïm state: “it is found.” Some Tannaïm state: “It is found standing.” He who says “it is found” supports Rebbi Joḥanan. He who says “it is found standing” supports Rebbi Eleazar. A baraita supports Rebbi Joḥanan: “When has this been said? If he does not recognize it. But if he recognizes it, he runs after it even 100 cubits.”

Some Tannaïm state: “it is found.” Some Tannaïm state: “It is found standing.” He who says “it is found” supports Rebbi Joḥanan. He who says “it is found standing” supports Rebbi Eleazar. A baraita supports Rebbi Joḥanan: “When has this been said? If he does not recognize it. But if he recognizes it, he runs after it even 100 cubits.”

Rebbi Joḥanan said, the second quality fruit we ate in our youth tasted better that the peaches we ate in our old age, because during his lifetime the world changed.

Rebbi Joḥanan said, it seems that Rebbi Jehudah changed his opinion. There he says, in both cases he takes them, deposits them on the fence and the poor comes and takes what is his; but here he says so! Because he squeezees them, they will produce more the next year. I should say also here, because he fertilizes it, it will produce more the next year. He said to him, it happens frequently that he will sow vegetables and shelter them from the poor.

It is written (Lev. 19:25): “In the fifth year, you shall eat its yield.” Rebbi Yose the Galilean says, here one adds the fruits of the fifth to the fruits of the fourth year. Just as the fruits of the fifth year are for the proprietors, so the fruits of the fourth year are for the proprietors. Rebbi Zeïra, Rebbi Yasa, in the name of Rebbi Joḥanan: It turns out that Rebbi Yose the Galilean argues like Rebbi Jehudah. Just as Rebbi Jehudah makes it his property, so Rebbi Yose the Galilean makes it his property.

Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: A dough of Second Tithe in Jerusalem, following Rebbi Meïr, is free from ḥallah, following Rebbi Jehudah it is subject to ḥallah. Rebbi Jonah said, they said this only for Jerusalem, but not for the countryside.

Rebbi Zeïra in the name of Rebbi Joḥanan (Lev. 25:2): “The land shall observe a Sabbath for the Eternal.” The sanctity of the Sabbatical year falls on anything that is the Eternal’s. Rebbi Ḥiyya bar Abba asked before Rebbi Mana: It is impossible to eat it without redemption since Temple property cannot exit without redemption. If one redeems and eats it, it would be as if one bought an axe with money from the Sabbatical! He said to him, the treasurer exchanges it through a third person. Rebbi Mattaniah said, why do we not explain it according to everybody, as Rebbi Joḥanan said: The words of Rebbi Yose: because his vow precedes his declaration of abandonment. And here, because his vow of abandonment precedes his dedication.

Rebbi Zeïra in the name of Rebbi Joḥanan (Lev. 25:2): “The land shall observe a Sabbath for the Eternal.” The sanctity of the Sabbatical year falls on anything that is the Eternal’s. Rebbi Ḥiyya bar Abba asked before Rebbi Mana: It is impossible to eat it without redemption since Temple property cannot exit without redemption. If one redeems and eats it, it would be as if one bought an axe with money from the Sabbatical! He said to him, the treasurer exchanges it through a third person. Rebbi Mattaniah said, why do we not explain it according to everybody, as Rebbi Joḥanan said: The words of Rebbi Yose: because his vow precedes his declaration of abandonment. And here, because his vow of abandonment precedes his dedication.

Rebbi Joḥanan said, it happened and they gave instructions following Rebbi Yose.

Does this not contradict Rebbi Joḥanan, since Rebbi Joḥanan said, if he passed it over and forgot it, it is forgotten. There is a difference, for a trellis is usually checked. And it does not even contradict Rebbi Hoshaia, for Rebbi Hoshaia said, when I was mashing olives with the great Rebbi Ḥiyya, he told me that any olive you can reach when stretching out your hand is not forgotten. There is a difference, since any single free-standing vine is a separate planting.

Does this not contradict Rebbi Joḥanan, since Rebbi Joḥanan said, if he passed it over and forgot it, it is forgotten. There is a difference, for a trellis is usually checked. And it does not even contradict Rebbi Hoshaia, for Rebbi Hoshaia said, when I was mashing olives with the great Rebbi Ḥiyya, he told me that any olive you can reach when stretching out your hand is not forgotten. There is a difference, since any single free-standing vine is a separate planting.

HALAKHAH: Rebbi Joḥanan said, why are they called nĕmūšōt, because they come at the end. Abba Shaul used to call them “gropers.” Some formulate in the Mishnah nĕmūšōt, some formulate mĕšūšōt. He who says nĕmūšōt, because they come at the end. Those who say mĕšūšōt, because they grope to come. Rebbi Ḥuna in the name of Menaḥem: Rebbi Joḥanan ben Nuri used to go out with the second wave of seekers and returned with his needs for the entire year.

HALAKHAH: Rebbi Joḥanan said, why are they called nĕmūšōt, because they come at the end. Abba Shaul used to call them “gropers.” Some formulate in the Mishnah nĕmūšōt, some formulate mĕšūšōt. He who says nĕmūšōt, because they come at the end. Those who say mĕšūšōt, because they grope to come. Rebbi Ḥuna in the name of Menaḥem: Rebbi Joḥanan ben Nuri used to go out with the second wave of seekers and returned with his needs for the entire year.

Rebbi Yose in the name of Rebbi Joḥanan: One does not appoint two brothers as providers. Rebbi Yose removed one of two brothers. He came and said before them: There was not anything wrong with Mr. X, only one does not appoint two brothers as providers.

Rebbi Abba bar Zavda said: Rav and Rebbi Joḥanan disagreed. One said, one checks out before giving clothing but one does not check out for necessities of life. The other said, even before giving clothing one does not check out, because of the covenant of the patriarch Abraham. A baraita disagrees with him who says that even before giving clothing one does not check out. He explains it for giving him according to his status, as we have stated: “When has this been said? If they do not know him. But if they know him, they also clothe him, everything befitting his status.” But was it not stated: “For food thirty days, for clothing six months.” Explain it, to contribute. But was it not stated: “For food thirty days, for assessments and charity twelve months?” This means to contribute, the earlier must mean to receive. It still means to contribute; what does it mean, for assessments and charity twelve months? For the salaries of scribes and teachers.

Clarification. Rebbi Joḥanan and Rebbi Simeon ben Laqish went to bathe in the public baths of Tiberias. A poor man met them and said to them: acquire merit by me. They said to him, when we return, when we return. When they returned, they found him dead. They said, since we did not acquire merit during his lifetime, let us care for him in his death. While they were occupied with him, they found a pouch of denars hanging on him. They said, that is what Rebbi Abbahu said in the name of Rebbi Eleazar: We have to give thanks to the dishonest among them, because if there were no dishonest persons among them, if one of them was requesting alms from a man and he would not give him, he would be punished immediately.

HALAKHAH: Rebbi Joḥanan said, the Sages enumerated them because the majority of these kinds are collected only from abandoned property.

Rebbi Simeon ben Laqish said, only demay is mentioned, hence one is obligated if they are certain. Rebbi Joḥanan said, they are free whether demay or certain. It is difficult for Rebbi Joḥanan, didn’t they mention only demay? Hence if it is certain, is it not obligated? Rebbi La said, since at every place he considers only demay, here he quotes only demay.

Rebbi Simeon ben Laqish said, only demay is mentioned, hence one is obligated if they are certain. Rebbi Joḥanan said, they are free whether demay or certain. It is difficult for Rebbi Joḥanan, didn’t they mention only demay? Hence if it is certain, is it not obligated? Rebbi La said, since at every place he considers only demay, here he quotes only demay.

The Mishnah supports Rebbi Joḥanan: “From Akhzib and further on it is free from demay.” Is not from Akhzib and further on no difference between demay and certainty? Here also there is no difference between demay and certainty.

It was stated: If one enters a town inhabited mostly by Gentiles, if there is a doubt whether the majority keep them in storage or not, everybody agrees that they are obligated, be it demay or certain. If one enters a town inhabited mostly by Jews, if there is a doubt whether the majority keep them in storage or not, everybody agrees that they are free, be it demay or certain. If there is any doubt whether there is a majority of Gentiles or a majority of Jews, that is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish.

Ulla bar Ismael in the name of Rebbi Joḥanan: Rebbi and Rebbi Yose ben Rebbi Jehudah entered to eat of late fruits; the watchman shouted at them, and Rebbi Yose ben Rebbi Jehudah stopped. Rebbi told him: eat, because the owners already gave up their expectations for them! Rebbi Joḥanan asked: He shouted, and you say so? Rebbi Jonah said, he objects rightfully. But does not a Mishnah disagree: “ Calamint, hyssop, and thyme in the courtyard are obligated if they are tended.” Hence, in the garden they are free even if they are watched. There, he may say, the entire world is before you, but here, there is one basketful and I am watching it for my employer.

Ulla bar Ismael in the name of Rebbi Joḥanan: Rebbi and Rebbi Yose ben Rebbi Jehudah entered to eat of late fruits; the watchman shouted at them, and Rebbi Yose ben Rebbi Jehudah stopped. Rebbi told him: eat, because the owners already gave up their expectations for them! Rebbi Joḥanan asked: He shouted, and you say so? Rebbi Jonah said, he objects rightfully. But does not a Mishnah disagree: “ Calamint, hyssop, and thyme in the courtyard are obligated if they are tended.” Hence, in the garden they are free even if they are watched. There, he may say, the entire world is before you, but here, there is one basketful and I am watching it for my employer.

It was stated: “Rebbi Yose ben Rebbi Jehudah says, fallen dates sold with regular dates are free.” Is it about two boxes, one beside the other or one on top of the other? No, here we deal with a mixed bunch. Did they start to ferment or did they not start to ferment? Rebbi Mana said, we deal with fermenting ones. If they started to ferment, they should be obligated for themselves! You cannot say that, since Rebbi Joḥanan said, the Sages detailed them because the majority of these kinds are collected only from abandoned property. Rebbi Ḥanina said, we deal with nonfermenting ones. If we deal with nonfermenting ones they should be free even when mixed. You cannot say that, since it was stated: “Rebbi Ismael ben Rebbi Yose said in his father’s name that a bunch of grapes of which one berry ripened, is all connected for tithes.” Rebbi Yose ben Rebbi Abun said, Rebbi Zeïra and Rebbi Illaï, one adopted the first opinion, the other the second opinion. But the Sages say one does not follow either of them; those fermenting are obligated, those not fermenting are free.

HALAKHAH: Not following the High Priest Joḥanan who abolished the declaration of tithes. He abolished the declaration but one still has to eliminate, i. e., eliminate the sure tithes. But demay one does not have to eliminate.

In the house of Rebbi Yannai they said, if it is in crumbs one is permitted to waste in amounts less than a meal, but whole foods only up to the volume of a dried fig. Rebbi Joḥanan in the name of R. Simeon ben Yoẓadaq: If it is whole, up to the volume of a dried fig, in crumbs any amount. Is that their difference? Rebbi Mana said, is not the following their difference: In the house of Rebbi Yannai they said, if it is in crumbs one is permitted to waste in amounts less than a meal, whole foods only up to the volume of a dried fig. Rebbi Joḥanan in the name of R. Simeon ben Yoẓadaq, whether it be whole or in crumbs, up to the volume of a dried fig.

In the house of Rebbi Yannai they said, if it is in crumbs one is permitted to waste in amounts less than a meal, but whole foods only up to the volume of a dried fig. Rebbi Joḥanan in the name of R. Simeon ben Yoẓadaq: If it is whole, up to the volume of a dried fig, in crumbs any amount. Is that their difference? Rebbi Mana said, is not the following their difference: In the house of Rebbi Yannai they said, if it is in crumbs one is permitted to waste in amounts less than a meal, whole foods only up to the volume of a dried fig. Rebbi Joḥanan in the name of R. Simeon ben Yoẓadaq, whether it be whole or in crumbs, up to the volume of a dried fig.

They said that Rebbi Joḥanan was putting in order everything he ate, even red meat, even an egg. His students said to him: Did our teacher not teach us (Deut. 14:22): “You shall certainly tithe all the yield of your field.” He was worried about the fluids in it.

Rebbi Joḥanan said: When they decreed demay, they did not decree about these matters. Rebbi Hoshaia said, the fear of sacred things is on him and he will not give to the Cohen anything that is not in order. “Ḥallah of the am haäreẓ,” according to R. Hoshaia, the Mishnah deals with the ḥallah of an am haäreẓ. But a ḥaver who bought dough from an am haäreẓ and gave ḥallah is not covered. According to R. Joḥanan, the two cases are identical. “And food containing heave,” according to R. Hoshaia, the Mishnah deals with produce of an am haäreẓ. But if a ḥaver bought produce from an am haäreẓ and it became mixed with heave, he is not covered. According to R. Joḥanan, the two cases are identical. What is the difference between them? One seah that was lifted from among 100 seah, according to R. Joḥanan it is obligated, according to R. Hoshaia it is free.

Rebbi Joḥanan said: When they decreed demay, they did not decree about these matters. Rebbi Hoshaia said, the fear of sacred things is on him and he will not give to the Cohen anything that is not in order. “Ḥallah of the am haäreẓ,” according to R. Hoshaia, the Mishnah deals with the ḥallah of an am haäreẓ. But a ḥaver who bought dough from an am haäreẓ and gave ḥallah is not covered. According to R. Joḥanan, the two cases are identical. “And food containing heave,” according to R. Hoshaia, the Mishnah deals with produce of an am haäreẓ. But if a ḥaver bought produce from an am haäreẓ and it became mixed with heave, he is not covered. According to R. Joḥanan, the two cases are identical. What is the difference between them? One seah that was lifted from among 100 seah, according to R. Joḥanan it is obligated, according to R. Hoshaia it is free.

Rebbi Joḥanan said: When they decreed demay, they did not decree about these matters. Rebbi Hoshaia said, the fear of sacred things is on him and he will not give to the Cohen anything that is not in order. “Ḥallah of the am haäreẓ,” according to R. Hoshaia, the Mishnah deals with the ḥallah of an am haäreẓ. But a ḥaver who bought dough from an am haäreẓ and gave ḥallah is not covered. According to R. Joḥanan, the two cases are identical. “And food containing heave,” according to R. Hoshaia, the Mishnah deals with produce of an am haäreẓ. But if a ḥaver bought produce from an am haäreẓ and it became mixed with heave, he is not covered. According to R. Joḥanan, the two cases are identical. What is the difference between them? One seah that was lifted from among 100 seah, according to R. Joḥanan it is obligated, according to R. Hoshaia it is free.

Rebbi Joḥanan said: When they decreed demay, they did not decree about these matters. Rebbi Hoshaia said, the fear of sacred things is on him and he will not give to the Cohen anything that is not in order. “Ḥallah of the am haäreẓ,” according to R. Hoshaia, the Mishnah deals with the ḥallah of an am haäreẓ. But a ḥaver who bought dough from an am haäreẓ and gave ḥallah is not covered. According to R. Joḥanan, the two cases are identical. “And food containing heave,” according to R. Hoshaia, the Mishnah deals with produce of an am haäreẓ. But if a ḥaver bought produce from an am haäreẓ and it became mixed with heave, he is not covered. According to R. Joḥanan, the two cases are identical. What is the difference between them? One seah that was lifted from among 100 seah, according to R. Joḥanan it is obligated, according to R. Hoshaia it is free.

It was stated: “All of these, if he gave a name to their heave of the tithe or Second Tithe, what he did is done.” According to R. Joḥanan, this is fine. According to R. Hoshaia, they are in order, and you say so? Because of one who is unscrupulous about sacred things. It was stated: “All of these, if he gave a name to their heave of the tithe or Second Tithe, what he did is done, because of one who does not put in order.”

It was stated: “All of these, if he gave a name to their heave of the tithe or Second Tithe, what he did is done.” Rebbi Eleazar said, with the exception of the remainders of flour sacrifices. Rebbi Jeremiah said, the rest is in dispute. Rebbi Yose asked, what dispute? Where are we standing, if according to Rebbi Meïr, both for tithes and for the remainders of flour sacrifices, he did not do anything. If according to Rebbi Jehudah, what he did is done. Rebbi Mana said, I went to Caesarea and heard Rebbi Ḥizqiah who was sitting there, stating: “If a priest marries by means of his share in the holiest sacrifices or simple holy sacrifices, the marriage is not valid.” Rebbi Eleazar said, that is everybody’s opinion. Rebbi Joḥanan said, it is in dispute. I said to him, from whom did the rabbi hear this, and he said, from Rebbi Jeremiah. I said, this explains the matter! Rebbi Jeremiah, who heard that Rebbi Eleazar said, it is everybody’s opinion, he says it is in dispute. Rebbi Yose, who did not hear that, asked which dispute? If according to Rebbi Meïr, both for Second Tithe and for the remainders of flour sacrifices, he did not do anything, if according to Rebbi Jehudah, what he did is done.

“If one lifted the Second Tithe before the First, it is also acceptable.” Hence, one should not do it on purpose. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan, one may make the Second precede the First in demay. Rebbi Jacob bar Aḥa bar Idi in the name of Rebbi Joshua ben Levi: One should not do it, but if he did, what he did is valid.

Ulla bar Ismael in the name of Rebbi Joḥanan: A person may free his ṭevel with one seah of ṭevel. How does he do it? He brings one seah of ṭevel and declares it to be Second (Tithe), redeems it, and returns to make it heave of the tithe for any other place. Ulla descended there and said this in the name of Rebbi Joḥanan, but they united against him. Rav Sheshet objected, does not a Mishnah contradict: “If there were before him two baskets full of figs.” And we have stated about this: “He takes from the second basket two figs and two tenths, and a tenth of a tenth.” Why can he not take two figs, declare them to be Second (Tithe), redeem them, and return to make them heave of the tithe for any other place? Rebbi Mana said, is not the Second Tithe in the first basket containing First Tithe of the second basket? Rebbi Ḥananiah said, there it is ṭevel for the First and Second. But here, Second Tithe that was put in order after First, can you return and make it First?

Ulla bar Ismael in the name of Rebbi Joḥanan: A person may free his ṭevel with one seah of ṭevel. How does he do it? He brings one seah of ṭevel and declares it to be Second (Tithe), redeems it, and returns to make it heave of the tithe for any other place. Ulla descended there and said this in the name of Rebbi Joḥanan, but they united against him. Rav Sheshet objected, does not a Mishnah contradict: “If there were before him two baskets full of figs.” And we have stated about this: “He takes from the second basket two figs and two tenths, and a tenth of a tenth.” Why can he not take two figs, declare them to be Second (Tithe), redeem them, and return to make them heave of the tithe for any other place? Rebbi Mana said, is not the Second Tithe in the first basket containing First Tithe of the second basket? Rebbi Ḥananiah said, there it is ṭevel for the First and Second. But here, Second Tithe that was put in order after First, can you return and make it First?

Rebbi Lazar said, they stated the Mishnah only for him who buys from a Gentile, but for him who buys from a Jew it is demay. Rebbi Joḥanan said, there is no difference, whether one buys from a Jew or from a Gentile it is demay. Rebbi Eleazar holds that most of the Land of Israel is in the hands of the Gentiles. Rebbi Joḥanan holds that most of the Land of Israel is in the hands of Jews. But even if Rebbi Eleazar agrees with Rebbi Joḥanan that most of the Land of Israel is in the hands of Jews, Rebbi Eleazar is anxious about a minority. Like that fortification, if for one day it got supplies from a forbidden source, that day will become proof for all days. Rebbi Yose asked: If that is so, a prospective proselyte who comes to convert should not be accepted; I say he is from Ammon and Moab, and one proselyte would become proof for all proselytes. Hence, Rebbi Eleazar must hold that most of the Land of Israel is in the hands of Gentiles and Rebbi Joḥanan must hold that most of the Land of Israel is in the hands of Jews.

Rebbi Lazar said, they stated the Mishnah only for him who buys from a Gentile, but for him who buys from a Jew it is demay. Rebbi Joḥanan said, there is no difference, whether one buys from a Jew or from a Gentile it is demay. Rebbi Eleazar holds that most of the Land of Israel is in the hands of the Gentiles. Rebbi Joḥanan holds that most of the Land of Israel is in the hands of Jews. But even if Rebbi Eleazar agrees with Rebbi Joḥanan that most of the Land of Israel is in the hands of Jews, Rebbi Eleazar is anxious about a minority. Like that fortification, if for one day it got supplies from a forbidden source, that day will become proof for all days. Rebbi Yose asked: If that is so, a prospective proselyte who comes to convert should not be accepted; I say he is from Ammon and Moab, and one proselyte would become proof for all proselytes. Hence, Rebbi Eleazar must hold that most of the Land of Israel is in the hands of Gentiles and Rebbi Joḥanan must hold that most of the Land of Israel is in the hands of Jews.

Rebbi Lazar said, they stated the Mishnah only for him who buys from a Gentile, but for him who buys from a Jew it is demay. Rebbi Joḥanan said, there is no difference, whether one buys from a Jew or from a Gentile it is demay. Rebbi Eleazar holds that most of the Land of Israel is in the hands of the Gentiles. Rebbi Joḥanan holds that most of the Land of Israel is in the hands of Jews. But even if Rebbi Eleazar agrees with Rebbi Joḥanan that most of the Land of Israel is in the hands of Jews, Rebbi Eleazar is anxious about a minority. Like that fortification, if for one day it got supplies from a forbidden source, that day will become proof for all days. Rebbi Yose asked: If that is so, a prospective proselyte who comes to convert should not be accepted; I say he is from Ammon and Moab, and one proselyte would become proof for all proselytes. Hence, Rebbi Eleazar must hold that most of the Land of Israel is in the hands of Gentiles and Rebbi Joḥanan must hold that most of the Land of Israel is in the hands of Jews.

Rebbi Lazar said, they stated the Mishnah only for him who buys from a Gentile, but for him who buys from a Jew it is demay. Rebbi Joḥanan said, there is no difference, whether one buys from a Jew or from a Gentile it is demay. Rebbi Eleazar holds that most of the Land of Israel is in the hands of the Gentiles. Rebbi Joḥanan holds that most of the Land of Israel is in the hands of Jews. But even if Rebbi Eleazar agrees with Rebbi Joḥanan that most of the Land of Israel is in the hands of Jews, Rebbi Eleazar is anxious about a minority. Like that fortification, if for one day it got supplies from a forbidden source, that day will become proof for all days. Rebbi Yose asked: If that is so, a prospective proselyte who comes to convert should not be accepted; I say he is from Ammon and Moab, and one proselyte would become proof for all proselytes. Hence, Rebbi Eleazar must hold that most of the Land of Israel is in the hands of Gentiles and Rebbi Joḥanan must hold that most of the Land of Israel is in the hands of Jews.

One statement supports this and a second statement supports Rebbi Eleazar. “The trader’s produce everywhere is demay. When is that? If most of his supply is from Jews. But if he buys from Gentiles, it is certain.” A statement supports Rebbi Joḥanan: “Rebbi Neḥemiah stated: “Whether from a Gentile, a Jewish Samaritan, or an am haareẓ seller, if at times he buys from the Gentile, at times from the Jew, it is demay.”

Rebbi Ḥiyya bar Ada asked before Rebbi Mana: From whom did this man buy? If from a Jew it is demay, from a Gentile certain. Explain that if the trader was a Gentile and both Jew and Gentile deliver to him, it is demay. Rav Hoshaia objected, does not the Mishnah support Rebbi Joḥanan? As it was stated: “Rebbi Jehudah said, they only mentioned pomegranates from Badan and grain from Geba because they must be tithed as certain everywhere.” What are we talking about? If he bought from a Jew, can it be pronounced certain? But we must deal with a Gentile. Hence, all other things are tithed as demay. Rebbi Samuel bar Rav Isaac said, we deal with certain produce from a Jew. Explain it that there was a powerful overseer of markets who exerted pressure to sell at low prices, and they permitted him to sell ṭevel and let the buyer beware for himself.

“For fruits they did not consider either smell, or looks, or taste, or value, but only plurality.” Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: If it was wine, for example new wine and old wine, they judged according to taste.

Rebbi Zeïra, Rebbi Ḥiyya bar Abba in the name of Rebbi Joḥanan: Rebbi permitted Beth Shean on the testimony of Joshua ben Zeruz, the son of Rebbi Meïr’s father-in-law, who said, I saw Rebbi Meïr buy vegetables from a garden in the Sabbatical year. He permitted all of it! Rebbi Zeïra said, this implies that nobody should act in public; I say that this garden was a particular case for him; should he have permitted it completely? Rebbi permitted Beth Shean, permitted Caesarea, permitted Bet Guvrin, permitted Kefar Ẓemaḥ. Rebbi permitted to buy vegetables after the end of the Sabbatical year and all were saying bad things about him. He said to them, come and let us discuss the matter. It is written (2Kings 18:4): “He smashed the brass snake.” Was there no just person between Moses and Hezekiah to remove it? But the Holy One, praise to Him, reserved that crown to him so he could crown himself with it. We also had this crown reserved by the Holy One, praise to Him, to crown ourselves with it.

A person brought a back-pack of leeks to Rebbi Isaac bar Tevele. He asked Rebbi Joḥanan. He said to him, go and ask Ḥananiah ben Samuel who knows statements about this. He went and asked. He said, they did not show me a statement, but he told me an Amoraic tradition, since Rebbi Yasa said in the name of Rebbi Joḥanan: Rebbi and Rebbi Eleazar ben Rebbi Simeon disagree: one says after its place of production, the other says, after its current stand. Rebbi Abbahu explained: Rebbi said, after its place of production and Rebbi Eleazar ben Rebbi Simeon, after its current stand. Rebbi Abbahu said that Rebbi said, after its place of production, and they taught him following Rebbi Eleazar ben Rebbi Simeon, after its current stand. This means for back packs, but for animal loads everybody agrees after its place of production. If its place of production and of current placement are free but he is going to transport it through forbidden territory, that forbidden territory is as if he did not traverse it. Rebbi Abba bar Cohen asked before Rebbi Yose: Did not Rebbi Ḥiyya say in the name of Rebbi Joḥanan, between Rebbi and his colleague, practice follows Rebbi. But Rebbi Jonah said, even Rebbi with Rebbi Eleazar ben Rebbi Simeon? He said to him, what do you want from Rebbi Joḥanan! Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said, they were very lenient regarding the Sabbatical, which is of their words. Some want to say, the opinion of Rebbi Joḥanan is added to that of Rebbi and they form a majority against Rebbi Eleazar ben Rebbi Simeon.

A person brought a back-pack of leeks to Rebbi Isaac bar Tevele. He asked Rebbi Joḥanan. He said to him, go and ask Ḥananiah ben Samuel who knows statements about this. He went and asked. He said, they did not show me a statement, but he told me an Amoraic tradition, since Rebbi Yasa said in the name of Rebbi Joḥanan: Rebbi and Rebbi Eleazar ben Rebbi Simeon disagree: one says after its place of production, the other says, after its current stand. Rebbi Abbahu explained: Rebbi said, after its place of production and Rebbi Eleazar ben Rebbi Simeon, after its current stand. Rebbi Abbahu said that Rebbi said, after its place of production, and they taught him following Rebbi Eleazar ben Rebbi Simeon, after its current stand. This means for back packs, but for animal loads everybody agrees after its place of production. If its place of production and of current placement are free but he is going to transport it through forbidden territory, that forbidden territory is as if he did not traverse it. Rebbi Abba bar Cohen asked before Rebbi Yose: Did not Rebbi Ḥiyya say in the name of Rebbi Joḥanan, between Rebbi and his colleague, practice follows Rebbi. But Rebbi Jonah said, even Rebbi with Rebbi Eleazar ben Rebbi Simeon? He said to him, what do you want from Rebbi Joḥanan! Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said, they were very lenient regarding the Sabbatical, which is of their words. Some want to say, the opinion of Rebbi Joḥanan is added to that of Rebbi and they form a majority against Rebbi Eleazar ben Rebbi Simeon.

A person brought a back-pack of leeks to Rebbi Isaac bar Tevele. He asked Rebbi Joḥanan. He said to him, go and ask Ḥananiah ben Samuel who knows statements about this. He went and asked. He said, they did not show me a statement, but he told me an Amoraic tradition, since Rebbi Yasa said in the name of Rebbi Joḥanan: Rebbi and Rebbi Eleazar ben Rebbi Simeon disagree: one says after its place of production, the other says, after its current stand. Rebbi Abbahu explained: Rebbi said, after its place of production and Rebbi Eleazar ben Rebbi Simeon, after its current stand. Rebbi Abbahu said that Rebbi said, after its place of production, and they taught him following Rebbi Eleazar ben Rebbi Simeon, after its current stand. This means for back packs, but for animal loads everybody agrees after its place of production. If its place of production and of current placement are free but he is going to transport it through forbidden territory, that forbidden territory is as if he did not traverse it. Rebbi Abba bar Cohen asked before Rebbi Yose: Did not Rebbi Ḥiyya say in the name of Rebbi Joḥanan, between Rebbi and his colleague, practice follows Rebbi. But Rebbi Jonah said, even Rebbi with Rebbi Eleazar ben Rebbi Simeon? He said to him, what do you want from Rebbi Joḥanan! Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said, they were very lenient regarding the Sabbatical, which is of their words. Some want to say, the opinion of Rebbi Joḥanan is added to that of Rebbi and they form a majority against Rebbi Eleazar ben Rebbi Simeon.

A person brought a back-pack of leeks to Rebbi Isaac bar Tevele. He asked Rebbi Joḥanan. He said to him, go and ask Ḥananiah ben Samuel who knows statements about this. He went and asked. He said, they did not show me a statement, but he told me an Amoraic tradition, since Rebbi Yasa said in the name of Rebbi Joḥanan: Rebbi and Rebbi Eleazar ben Rebbi Simeon disagree: one says after its place of production, the other says, after its current stand. Rebbi Abbahu explained: Rebbi said, after its place of production and Rebbi Eleazar ben Rebbi Simeon, after its current stand. Rebbi Abbahu said that Rebbi said, after its place of production, and they taught him following Rebbi Eleazar ben Rebbi Simeon, after its current stand. This means for back packs, but for animal loads everybody agrees after its place of production. If its place of production and of current placement are free but he is going to transport it through forbidden territory, that forbidden territory is as if he did not traverse it. Rebbi Abba bar Cohen asked before Rebbi Yose: Did not Rebbi Ḥiyya say in the name of Rebbi Joḥanan, between Rebbi and his colleague, practice follows Rebbi. But Rebbi Jonah said, even Rebbi with Rebbi Eleazar ben Rebbi Simeon? He said to him, what do you want from Rebbi Joḥanan! Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said, they were very lenient regarding the Sabbatical, which is of their words. Some want to say, the opinion of Rebbi Joḥanan is added to that of Rebbi and they form a majority against Rebbi Eleazar ben Rebbi Simeon.

A person brought a back-pack of leeks to Rebbi Isaac bar Tevele. He asked Rebbi Joḥanan. He said to him, go and ask Ḥananiah ben Samuel who knows statements about this. He went and asked. He said, they did not show me a statement, but he told me an Amoraic tradition, since Rebbi Yasa said in the name of Rebbi Joḥanan: Rebbi and Rebbi Eleazar ben Rebbi Simeon disagree: one says after its place of production, the other says, after its current stand. Rebbi Abbahu explained: Rebbi said, after its place of production and Rebbi Eleazar ben Rebbi Simeon, after its current stand. Rebbi Abbahu said that Rebbi said, after its place of production, and they taught him following Rebbi Eleazar ben Rebbi Simeon, after its current stand. This means for back packs, but for animal loads everybody agrees after its place of production. If its place of production and of current placement are free but he is going to transport it through forbidden territory, that forbidden territory is as if he did not traverse it. Rebbi Abba bar Cohen asked before Rebbi Yose: Did not Rebbi Ḥiyya say in the name of Rebbi Joḥanan, between Rebbi and his colleague, practice follows Rebbi. But Rebbi Jonah said, even Rebbi with Rebbi Eleazar ben Rebbi Simeon? He said to him, what do you want from Rebbi Joḥanan! Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said, they were very lenient regarding the Sabbatical, which is of their words. Some want to say, the opinion of Rebbi Joḥanan is added to that of Rebbi and they form a majority against Rebbi Eleazar ben Rebbi Simeon.

A person brought a back-pack of leeks to Rebbi Isaac bar Tevele. He asked Rebbi Joḥanan. He said to him, go and ask Ḥananiah ben Samuel who knows statements about this. He went and asked. He said, they did not show me a statement, but he told me an Amoraic tradition, since Rebbi Yasa said in the name of Rebbi Joḥanan: Rebbi and Rebbi Eleazar ben Rebbi Simeon disagree: one says after its place of production, the other says, after its current stand. Rebbi Abbahu explained: Rebbi said, after its place of production and Rebbi Eleazar ben Rebbi Simeon, after its current stand. Rebbi Abbahu said that Rebbi said, after its place of production, and they taught him following Rebbi Eleazar ben Rebbi Simeon, after its current stand. This means for back packs, but for animal loads everybody agrees after its place of production. If its place of production and of current placement are free but he is going to transport it through forbidden territory, that forbidden territory is as if he did not traverse it. Rebbi Abba bar Cohen asked before Rebbi Yose: Did not Rebbi Ḥiyya say in the name of Rebbi Joḥanan, between Rebbi and his colleague, practice follows Rebbi. But Rebbi Jonah said, even Rebbi with Rebbi Eleazar ben Rebbi Simeon? He said to him, what do you want from Rebbi Joḥanan! Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said, they were very lenient regarding the Sabbatical, which is of their words. Some want to say, the opinion of Rebbi Joḥanan is added to that of Rebbi and they form a majority against Rebbi Eleazar ben Rebbi Simeon.

A person brought a back-pack of leeks to Rebbi Isaac bar Tevele. He asked Rebbi Joḥanan. He said to him, go and ask Ḥananiah ben Samuel who knows statements about this. He went and asked. He said, they did not show me a statement, but he told me an Amoraic tradition, since Rebbi Yasa said in the name of Rebbi Joḥanan: Rebbi and Rebbi Eleazar ben Rebbi Simeon disagree: one says after its place of production, the other says, after its current stand. Rebbi Abbahu explained: Rebbi said, after its place of production and Rebbi Eleazar ben Rebbi Simeon, after its current stand. Rebbi Abbahu said that Rebbi said, after its place of production, and they taught him following Rebbi Eleazar ben Rebbi Simeon, after its current stand. This means for back packs, but for animal loads everybody agrees after its place of production. If its place of production and of current placement are free but he is going to transport it through forbidden territory, that forbidden territory is as if he did not traverse it. Rebbi Abba bar Cohen asked before Rebbi Yose: Did not Rebbi Ḥiyya say in the name of Rebbi Joḥanan, between Rebbi and his colleague, practice follows Rebbi. But Rebbi Jonah said, even Rebbi with Rebbi Eleazar ben Rebbi Simeon? He said to him, what do you want from Rebbi Joḥanan! Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said, they were very lenient regarding the Sabbatical, which is of their words. Some want to say, the opinion of Rebbi Joḥanan is added to that of Rebbi and they form a majority against Rebbi Eleazar ben Rebbi Simeon.

Rebbi Jonah said, ḥaverim are not suspected either to eat or to serve to others. Rebbi Yose said, ḥaverim are suspected to eat but not to serve to others. The Mishnah disagrees with Rebbi Yose: “They said to him, for himself he is not trustworthy, how can he be trusted for others?” The words of the rabbis support Rebbi Yose, for Rebbi Ḥanina, Rebbi Yasa, said in the name of Rebbi Joḥanan: Rebbi Jehudah spoke only of the end, but at the start even Rebbi Jehudah will agree. If you say that ḥaverim are not suspected either to eat or to serve to others, what is the difference between start and end? As we have stated: “He who takes it on himself to be trustworthy except for one thing cannot be accepted; he who is suspect in one thing is suspect in everything. Rebbi Jehudah said, he is only suspect in that thing alone.”

It was stated: “He who is trustworthy for purity is trustworthy for tithes.” Rebbi Yannai ben Rebbi Ismaël stated it and explained his reason: That means, if one is a guest of his, but for the public he is not trustworthy until he accepts it publicly. Rebbi Ammi in the name of Rebbi Yannai: Even I am not trustworthy until we accept it in public. Rebbi Zeïra, Rebbi Yasa, in the name of Rebbi Joḥanan: Even a ḥaver who sent to another ḥaver, the recipient must tithe. Rebbi Zeïra asked before Rebbi Yasa, for example, I to Rebbi Samuel ben Rav Isaac, and Rebbi Samuel ben Rav Isaac to me? He answered him, what do you want from Rebbi Samuel ben Rav Isaac, because all he eats, he eats from the market.

Ḥiyya ben Rebbi Abun in the name of Rebbi Joḥanan: One does not remove from fellowship a ḥaver who went outside the Land. Hence, a minor does not need to be brought close.

HALAKHAH: There, we have stated: “If one buys from the baker, how does he tithe?” There you say, the buyer separates, and here you say, the baker separates. Rebbi Jonah said, Rebbi Eleazar and Rebbi Joḥanan disagree. One says, here if he works in purity, there if he works in impurity. The other says, here in retail, there in wholesale. We did not know who said what. Since Rebbi Joḥanan said, because of purity, it follows that Rebbi Eleazar is the one who said, here in retail, there in wholesale. It is difficult for Rebbi Joḥanan, if he works in purity, let him separate everything. It would be logical that he should not give anything because one does not deliver certain grain to the am haäreẓ. It is difficult for Rebbi Eleazar, if it is in retail, let him separate everything. Grocers are not permitted to sell demay!

HALAKHAH: There, we have stated: “If one buys from the baker, how does he tithe?” There you say, the buyer separates, and here you say, the baker separates. Rebbi Jonah said, Rebbi Eleazar and Rebbi Joḥanan disagree. One says, here if he works in purity, there if he works in impurity. The other says, here in retail, there in wholesale. We did not know who said what. Since Rebbi Joḥanan said, because of purity, it follows that Rebbi Eleazar is the one who said, here in retail, there in wholesale. It is difficult for Rebbi Joḥanan, if he works in purity, let him separate everything. It would be logical that he should not give anything because one does not deliver certain grain to the am haäreẓ. It is difficult for Rebbi Eleazar, if it is in retail, let him separate everything. Grocers are not permitted to sell demay!

HALAKHAH: There, we have stated: “If one buys from the baker, how does he tithe?” There you say, the buyer separates, and here you say, the baker separates. Rebbi Jonah said, Rebbi Eleazar and Rebbi Joḥanan disagree. One says, here if he works in purity, there if he works in impurity. The other says, here in retail, there in wholesale. We did not know who said what. Since Rebbi Joḥanan said, because of purity, it follows that Rebbi Eleazar is the one who said, here in retail, there in wholesale. It is difficult for Rebbi Joḥanan, if he works in purity, let him separate everything. It would be logical that he should not give anything because one does not deliver certain grain to the am haäreẓ. It is difficult for Rebbi Eleazar, if it is in retail, let him separate everything. Grocers are not permitted to sell demay!

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

HALAKHAH: Rebbi Jonah said, our Mishnah speaks about poor ḥaverim, and about guests following Rebbi Joshua. It was stated: “It happened that Rebbi Joshua went to Rabban Joḥanan ben Zakkai in Beror Ḥayil, and some local people brought them fruits. Rebbi Joshua said to them, if they stay overnight, we are obliged to tithe; otherwise, we are not obliged to tithe.” Rebbi Yose said, the Mishnah speaks about am haäreẓ poor. If you restrict to poor ḥaverim, you lock the door before am haäreẓ poor. How does Rebbi Yose hold about “the stranger?” Following what was stated: “(Lev. 25:45) ‘Those who dwell among you,’ to include the stranger; Rebbi Eliezer said, that means the Gentile stranger.”

Rebbi Zeriqan, Simeon bar Abba, in the name of Rebbi Joḥanan: A medical doctor who is a ḥaver, if he feeds a sick person who is an am haäreẓ, shall put the food into his patient’s hand but not into his mouth. That is, if it is demay, but if it is certain, it is forbidden even to put it in his hand. This means, if it is the patient’s property, but the doctor’s is forbidden for a Jew; for a descendant of Noah it is permitted even if it is certain and the patient’s property, but the doctor’s is forbidden. But if it was a limb taken from a living animal it is forbidden even if it is the patient’s property, that he should not be caused to stumble.

HALAKHAH: Rebbi Eleazar said, it is Rebbi Meïr’s, since Rebbi Meïr said, they permitted to sell demay only to the commissioned grain wholesaler. Rebbi Joḥanan said, it is according to everybody; there is a difference because the one who takes it up takes it up in retail quantity and the one who abandons does not abandon wholesale. But does this not disagree with Rebbi Meïr, since Rebbi Meïr is the one who says that as soon as a person abandons anything of his property, it is legally abandoned as soon as it leaves his power. There is a difference because the one who takes it up takes it up in retail quantity and the one who abandons does not abandon wholesale. It does not even disagree with Rebbi Yose, for Rebbi Yose says that nothing may leave the power of its owners except if it is taken up; otherwise it was not legally abandoned. There is a difference here, because the one who abandons abandons wholesale, and the one who takes it up, takes up only retail quantities.

How does he do it? He takes from the uppermost layer and puts it in order. Is that not forbidden because of robbery? Like that of Rebbi Simeon bar Cahana who was supporting Rebbi Eliezer. They passed by a vineyard. He said to him, bring me a sliver as a toothpick. He changed his mind and told him, do not bring me anything; if everybody would do that, the fence of this man would be gone. Rebbi Ḥaggai was supporting Rebbi Zeïra. A person passed by who was carrying a load of chips. He said to him, bring me a chip as a toothpick. He changed his mind and told him, do not bring me anything; if everybody would do that, the load of this man would be gone. Is not Rebbi Zeïra particularly pious? No, he told us that we should observe the words of our Creator. Rebbi Abbahu in the name of Rebbi Joḥanan: When he took one stalk, nothing was missing but counting them. How does he do it? He pays for one of them and puts it in order.

Rebbi Abbahu in the name of Rebbi Joḥanan: They permitted demay in wholesale quantity because of its being fenced in.

HALAKHAH: Rebbi Ḥiyya in the name of Rebbi Joḥanan: If his box was exchanged at the miller’s, if it was established that an am haäreẓ gave to be milled there that day, he has to worry; otherwise, he does not have to worry. Should he not worry? What is the difference between this and the Saracens? Was it not stated: “If a group of Saracens one day provisioned themselves from forbidden supplies, then that day becomes a proof for all days.” It is impossible for Saracens not to supply themselves. But here it was not established that the am haäreẓ was milling there that day.

“But the Sages say, it is demay even if all the contributors are Gentile except one Jew”. But we have stated: “With a Gentile, they are like his produce.” Rebbi Eleazar said, the Sages who follow the line of Rebbi Meïr. Rebbi Joḥanan said, these are really the Sages. They asked him, what is the reason? He told them, if you get whitehaired, I might tell you. What would he have told them? That they accepted tithes voluntarily. Samuel bar Abba asked: It is understandable that he did not tell them about pure food, because of a fence for pure food. He did not tell them about tithes, as a fence for tithes. He did not tell them about sacrifices; if he had told them, what would he have told them? For tithes, following him who says that they accepted tithes voluntarily.

Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Rebbi Simeon agrees that one must separate tithes as a matter of practice. Hence, Rebbi Simeon says that one separates, and the rabbis say that one saparates