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“And Torah study.” Rebbi Berekhiah and Rebbi Ḥiyya from Kefar Teḥumin. One said that the entire world is not worth even one saying of the Torah. The other said that even all commandments of the Torah are not worth even one saying of the Torah. Rebbi Tanḥuma and Rebbi Yose ben Zimra, one said like the first and one said like the second. Rebbi Abba, father of Rebbi Abba bar Mari, in the name of Rebbi Aḥa: One verse says (Prov. 8:11) “all desirables do not equal it;” the other verse says (Prov. 3:15) “your desirables do not equal it.” “Desirables” are gems and pearls, “your desirables” are the words of the Torah, for it is written (Jer. 9:23): “For these I desire - saying of the Eternal.”

Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: One may calumniate disruptive persons. What is the reason? (1K. 1:14) “I shall come after you and confirm your words.” Rebbi Zeïra asked before Rebbi Yasa: Why was Adoniah ben Ḥaggit killed? Because he asked for Avishag of Shunem? He said to him, they were looking for a pretext to proscribe the lives of disruptive persons.

The linen traders had an assembly. There was one whose nickname was Bar Ḥovez (son of the cheesemaker) who did not appear. They said: What are we going to eat today? One said: cheese, then the cheeser will come. Rebbi Joḥanan said, this one was calumniating in secret. The city councilmen of Sepphoris had an assembly. There was one by the name of Joḥanan who did not appear. One said to the other, let us visit Rebbi Joḥanan today. They said, Joḥanan will come. Rebbi Simeon ben Laqish said, this one calumniated justly.

Rebbi Abba bar Cahana said, the generation of David were all just but because there were informers among them they went to war and were falling. That is what David said (Ps. 57:9–10): “My soul, among lions I am lying down with blazing fires.” “My soul, among lions,” these are Abner and Amasah who were lions in Torah; “I am lying down with blazing fires;” these are Doeg and Aḥitophel who were eager for calumny. “The people, their teeth are spear and arrows,” these are the owners of Qe‘ilah, as it is written (1Sam. 23:11): “Will the owners of Qe‘ilah deliver me in his hand, will Saul come?” “Their tongue is a sharp sword,” these are the people of Ziph (Ps. 54:1): “When the people of Ziph came and told Saul. “At that moment, David said before the Holy One, praised be He: Master of the Universe, why should Your glory descend among them? Remove Your glory from them! That is what is written (Ps. 57:6): “Rise over the Heavens, o God, higher than all earth Your glory!” The generation of Ahab were idolaters but since there was no informing among them they went to war and were victorious. That is what Obadiahu said to Elijah (1K. 18:13): “Certainly it was told to my lord what I did when Izebel slew all prophets of the Eternal etc., and I provided them with bread and water.” [If bread, why does he have to mention water, and if water, why does he have to mention bread. This teaches you that it was more difficult for him to provide them with water than with bread.] But Elijah was standing on Mount Carmel and declaring (1K.18:22): “I remained alone as prophet for the Eternal,” and everybody knew and nobody informed the king

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: (Pr. 13:6) “Justice protects the one on the straight path but sin destroys the sinner.” (Pr. 13:21) “Evil deeds will pursue sinners but He will reward the just.” (Pr. 3:4) “While He makes scoffers targets of scoffing, He will bestow grace on the meek.” (1Sam. 2:9) “He will watch over the feet of His pious, but evildoers will be silent in the darkness.” (Pr. 3:35) “The wise will inherit honor, but shame will mark the stupid ones.” Fences are made fences and doors doors. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: If a person watches himself the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? (Job 33:29) “All this God will do twice, three times, with a man.” Rebbi Zeïra said, but only if the person does not revert. What is the reason? It does not say “The triple thread will never snap” but rather (Eccl. 4:12) “The triple thread will not quickly snap.” If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: (Pr. 13:6) “Justice protects the one on the straight path but sin destroys the sinner.” (Pr. 13:21) “Evil deeds will pursue sinners but He will reward the just.” (Pr. 3:4) “While He makes scoffers targets of scoffing, He will bestow grace on the meek.” (1Sam. 2:9) “He will watch over the feet of His pious, but evildoers will be silent in the darkness.” (Pr. 3:35) “The wise will inherit honor, but shame will mark the stupid ones.” Fences are made fences and doors doors. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: If a person watches himself the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? (Job 33:29) “All this God will do twice, three times, with a man.” Rebbi Zeïra said, but only if the person does not revert. What is the reason? It does not say “The triple thread will never snap” but rather (Eccl. 4:12) “The triple thread will not quickly snap.” If you work on it, it will split.

HALAKHAH: “One may give peah from the head of the field and from its middle.” Rebbi Yose in the name of Rebbi Simeon bar Laqish: (Lev. 19:9) “And at your harvesting,” why does the verse have to say “to harvest”? Even if he has still more to harvest. Rebbi Jonah in the name of Rebbi Simeon bar Laqish: (Lev. 19:9) “And at your harvesting,” why does the verse have to say “to harvest”? One for the beginning and one for the end. Rebbi Yose in the name of Rebbi Joshua ben Levi: (Lev. 19:9) “And at your harvesting,” why does the verse have to say “to harvest”? One for sacred property and one for private persons. Rebbi Yudan asked, do not coins redeem sacred property only when it is cut; maybe when it is standing? Rebbi Ḥaninah said, you should not say that harvest of sacred property should be treated like harvest of a private person.

HALAKHAH: “One may give peah from the head of the field and from its middle.” Rebbi Yose in the name of Rebbi Simeon bar Laqish: (Lev. 19:9) “And at your harvesting,” why does the verse have to say “to harvest”? Even if he has still more to harvest. Rebbi Jonah in the name of Rebbi Simeon bar Laqish: (Lev. 19:9) “And at your harvesting,” why does the verse have to say “to harvest”? One for the beginning and one for the end. Rebbi Yose in the name of Rebbi Joshua ben Levi: (Lev. 19:9) “And at your harvesting,” why does the verse have to say “to harvest”? One for sacred property and one for private persons. Rebbi Yudan asked, do not coins redeem sacred property only when it is cut; maybe when it is standing? Rebbi Ḥaninah said, you should not say that harvest of sacred property should be treated like harvest of a private person.

HALAKHAH: Rebbi Yose, Rebbi Jacob bar Zabdi in the name of Rebbi Abbahu, Rebbi Nehemiaḥ bar Uqban turned it in the name of Rebbi Joḥanan: If someone separated first fruits from a smoothed heap, it is free from the great terumah. Rebbi Ḥaggai said before Rebbi Yose: Does not the Mishnah say so: “Forever he gives peah and it is free from tithes until he smoothes.” Hence, if he smoothed he is obligated, but this does not apply to terumah? It should say that he also is obligated for first fruits even though he did not smooth yet! But he is the one who said this: “Why are they called firstlings? Because they are first before everything else.” And anything which precedes something else, the latter is obligated for it.

HALAKHAH: Rebbi Yose, Rebbi Jacob bar Zabdi in the name of Rebbi Abbahu, Rebbi Nehemiaḥ bar Uqban turned it in the name of Rebbi Joḥanan: If someone separated first fruits from a smoothed heap, it is free from the great terumah. Rebbi Ḥaggai said before Rebbi Yose: Does not the Mishnah say so: “Forever he gives peah and it is free from tithes until he smoothes.” Hence, if he smoothed he is obligated, but this does not apply to terumah? It should say that he also is obligated for first fruits even though he did not smooth yet! But he is the one who said this: “Why are they called firstlings? Because they are first before everything else.” And anything which precedes something else, the latter is obligated for it.

Rebbi Yose in the name of Rebbi Yose bar Ḥanina: If someone gave peah from one field for another one, it does not acquire holiness.

Ḥiyya bar Ada in the name of Rebbi Simeon ben Laqish: If there was a rock along the length of his entire field, if he has to lift the plough from one side and transport it to the other side, it separates, from the other side it does not separate. But did we not state: “For terraces which are each ten hand-breadths higher than the other, he must give peah for each one separately. Less than that he gives one peah for all of them.” But for less than that, does he not have to lift the plough from one (terrace) and transport it to the other? Even for less than that he has to lift it. We had to state “ten” only because of the concluding statement: “If the heads of the terraces are connected, he gives one peah for all.”

Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥmani: Things have been said orally and things have been said in writing, and we do not know which ones are preferred. From what is written (Ex. 34:27): “By the mouth of these words I concluded a covenant with you and Israel;” it follows that the oral traditions are preferred.

Rebbi Joḥanan and Rebbi Yudan bar Rebbi Simeon. One said that if you kept what is oral tradition and kept what is written I will conclude a covenant with you, otherwise I shall not conclude a covenant with you. The other one said, if you watched all that is oral tradition and kept all that is written you will receive your reward, otherwise you will not receive any reward.

May the seller get the peah which permits the sheaves? Let us hear it from the following (Mishnah 5:4): “ Rebbi Jehudah said: When is this, if he received it for a half, a third, or a quarter.” What is the difference between this and the first case? It must be, “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, this implies that the seller may get the peah which permits the sheaves. Rebbi Yose said, there the obligation of the field did not come during his ownership, but here the obligation of the field started during his ownership. It is correct that if he cut half of the field and sold what he cut, the buyer is allowed gleanings, forgotten sheaves, and peah. May the buyer get the peah which permits the sheaves of the seller? That is the disagreement of Rebbi and Rebbi Jehudah the Prince.

Rebbi Jacob bar Abun in the name of Rebbi Ḥanina: Rebbi Yose said only because of ownerless property. Rebbi Abun bar Ḥiyya asked before Rebbi Mana: Is abandoned property obligated for peah? He said to them: When he reacquired them one by one. But did we not state: Even though one with a large harvest will not store the mother-onions, one with only a small harvest will. Hence, the reason is only that he collects them for storing.

Rebbi Jacob bar Abun in the name of Rebbi Ḥanina: Rebbi Yose said only because of ownerless property. Rebbi Abun bar Ḥiyya asked before Rebbi Mana: Is abandoned property obligated for peah? He said to them: When he reacquired them one by one. But did we not state: Even though one with a large harvest will not store the mother-onions, one with only a small harvest will. Hence, the reason is only that he collects them for storing.

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

If he reserved slaves, about that R. Judan bar Pazi from Bar Delaiah stated something, but we do not know what he stated.

If he reserved slaves, about that R. Judan bar Pazi from Bar Delaiah stated something, but we do not know what he stated.

If he wrote for one and changed his mind and wrote for another, Rav says he cannot change his mind, Rav Abba bar Ḥuna and Rebbi Joḥanan say he may change his mind. What does it mean? If his first and second masters were Cohanim and the third an Israel, in the opinion of Rav he may not eat terumah, in the opinion of Rav Abba bar Ḥuna in the name of R. Joḥanan he may eat terumah. Everybody agrees that if his first master was an Israel, he may not eat terumah; maybe the giver will recuperate.

If he wrote for one and changed his mind and wrote for another, Rav says he cannot change his mind, Rav Abba bar Ḥuna and Rebbi Joḥanan say he may change his mind. What does it mean? If his first and second masters were Cohanim and the third an Israel, in the opinion of Rav he may not eat terumah, in the opinion of Rav Abba bar Ḥuna in the name of R. Joḥanan he may eat terumah. Everybody agrees that if his first master was an Israel, he may not eat terumah; maybe the giver will recuperate.

Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna, a baraita supports Rav Abba bar Ḥuna and Rebbi Joḥanan: “ A healthy person who wrote a will and a bedridden one who wrote a gift document may change their minds.” A healthy person who wrote a will may change his mind, even as long as he is healthy. Similarly, a bedridden person who wrote a gift document may change his mind, even while he still is bedridden.

Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah, and so stated bar Qappara that a relaxation of the laws of ketubah is proclaimed here. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand gold denars they proclaimed a relaxation of the laws of ketubah.

The owner has to distribute by hand to avoid that he would see a poor person of his acquaintance and throw it before him. Rebbi Samuel bar Eudaimon questioned: If he finished harvesting his field, you say that peah returned to the sheaves. Even so, does the owner have to distribute by hand to avoid that he would see a poor person of his acquaintance and throw it before him?

Rebbi Simeon ben Laqish in the name of Abba Cohen Bar Dalaia: A person acquires a find within four cubits of himself. What is the reason? (1Chr. 22:14) “Look, in my poverty I prepared for the House of the Eternal 100’000 kikkar of gold, 1’000’000 kikkar of silver, bronze and iron unweighed because it was so much, I prepared wood and stones, and you should add to them.”

Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish. Did we not state: (Mishnah Baba Meẓi‘a 1:4) “If somebody saw a find and fell on it, when another person came and grabbed it, he who grabbed it had the rights to it?” He answered him: Explain it if the first one did not say that his four cubits should acquire it for him. But did we not state: “If he fell on it or spread his talith on it, one removes him from it?” He said to him, that is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: (Tosephta Peah 2:2) “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it. He said to him, it is the same, he did not say that his four cubits should acquire it for him.

HALAKHAH: And why is it stated twice? Rebbi Jonah, Rebbi Ḥiyya, Rebbi Joshua ben Levi in the name of Bar Pedaiah: One for smoothing, one for one third. Rebbi Yose said, Rebbi Abba and the colleagues. The colleagues say, one for smoothing, one for one third. Rebbi Abba explains: At Ḥallah for smoothing, at Peah for one third.

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.

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!

Rebbi Immi in the name of Rebbi Simeon ben Laqish: This is from the House of Shammai, since the House of Shammai say that property abandoned to the poor is abandoned. Rebbi Yasa said to him: We understand that it is free from tithes because property abandoned by a court order is abandoned. It is written (Ezra 10:8): “Anybody who will not come within three days conforming to the decree of the rulers and the elders, all his property shall be devoted to destruction.” From where that it is free from tithes? Rebbi Jonathan, the son of Rebbi Isaac bar Aḥa understood it from the following: One intercalates years neither in the Sabbatical year, nor in the year following the Sabbatical; but if they did intercalate it is intercalated. The one month he adds, is it not free from tithes? That refers to the Sabbatical year. What about the year after the Sabbatical? Rebbi Abun said, not to prolong the prohibition of new grain.

Can something that is apt to be saved but was forgotten become legally forgotten? Let us hear from the following: “When he removed the first, second, and third sheaves but forgot the fourth, some state: If he took away the fifth one, it (the fourth) becomes legally forgotten, but some state: If he waited long enough that he could have taken away the fifth one, it becomes legally forgotten.” Rebbi Avin bar Ḥiyya said, he who says, “if he removed the fifth one,” (speaks of the case) where there is a sixth one, but he who says, “if he waited long enough that he could have removed the fifth one,” (speaks of the case) where there is no sixth one. Before he took away the fifth one, would not the fourth one be apt to be considered starting a row? That means that something that is apt to be saved but was forgotten can become legally forgotten.

Rebbi Abbahu in the name of Rebbi Simeon ben Laqish, this follows Rebbi Yose, as we have stated there: “For Rebbi Yose says that everything whose replacement is in the hand of the Cohen is freed from the obligatory gifts, but Rebbi Meïr obligates him.” Rebbi Abba said, the words of Rebbi Yose imply that he has to empower the priest. Rebbi Yose said, the statement of Rebbi Abba contradicts Rebbi Simeon bar Laqish since we have stated here: “He has to give the poor rights to the entire stack; then he gives tithes for one ear and gives to him.” Rebbi Abba said, the words of Rebbi Yose imply that he has to empower the priest, hence this is not from the words of Rebbi Yose. Rebbi Mana said, the Mishnah itself testifies that it is by Rebbi Yose. The first Tanna wants to say that he transfers as property to the poor not the entire stack but only one ear. The other Tanna wants to say that he transfers the entire stack as property to the poor. The first Tanna wants to say that this is like the transfer of property from one’s right hand to his left hand; it is no transfer. The other Tanna wants to say that it is not transferring property from one’s right hand to his left hand; it is transfer.

Now Rebbi Meïr says, one does not use the water wheel, and one estimates the loss to the owner. Now the rabbis say, one uses the water wheel and estimates the loss to the poor. To whom does he pay? Rebbi Jonah said, to the poor of his place, because otherwise, what could we say? Rebbi Ḥiyya bar Ada said, it is needed for the measure of justice.

What is the difference between this and the first case? It must be “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, that implies that the seller may get the peah which permits the sheaves. Rebbi Yose ben Rebbi Abun said, there the obligation of the field did come during his ownership, but here the obligation of the field did not come during his ownership.

Rebbi Abbahu bar Naggari said, there is a difference for gleanings, forgotten sheaves, and peah because they have to be abandoned.

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.

Rebbi Abin bar Ḥiyya said, that which was said, if it was abandoned to the poor but grabbed by the rich is a difference between Rebbi Meïr and Rebbi Yose. According to Rebbi Meïr, who asserts that [it is legally abandoned] as soon as a person abandons anything from his property, [in our case] it is legally abandoned. According to Rebbi Yose, who says that nothing may leave the hands of its owners except if it is taken up [by another person, in our case] it is not legally abandoned.

“The sheaf next to it proves.” How is that? (Tosephta Peah 3:4): “If he had ten rows of ten sheaves each and he removed one row of them in a North-South direction; when he forgot one of them it is not forgotten because it is considered East-West.” When he then removed the sheaves East-West and forgot one of them, let us hear from the following: When he removed the first, second, and third sheaves but forgot the fourth, some state: If he removed the fifth, it becomes legally forgotten, but some state: If he waited long enough that he could have removed the fifth, it becomes legally forgotten. Rebbi Avin bar Ḥiyya said, he who says, “if he removed the fifth” if there is a sixth, but he who says, “if he waited long enough that he could have removed the fifth” if there is no sixth. Before he took away the fifth, would not the fourth be apt to be considered starting a row? If this is named “forgotten,” then also in our case it is “forgotten.”

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

Rebbi Jeremiah asked: If it was marked in his mind, is it as if it were marked? If it stood in the shadow of a date palm, the date palm marks it. If two of them were dripping, each of them marks the other. If the entire field was of dripping olive trees? Let us hear from the following: “Rebbi Yose says, there is no law of the forgotten sheaf for olives.” Rebbi Simeon bar Yaqim said, Rebbi Yose said this only in former times when olives were scarce because Hadrian, the evil one, had come and devastated the entire land. But today when olive trees are everywhere, they are under the law of the forgotten sheaf.

“ Rebbi Yose says, there is no law of the forgotten sheaf for olives.” Rebbi Simeon bar Yaqim said, Rebbi Yose said this only in former times when olives were scarce because Hadrian, the evil one, had come and devastated the entire land. But today when olive trees are everywhere, they are under the law of the forgotten sheaf.

Rebbi Ḥiyya bar Abba said, one seah of Arbel grain did yield one seah of fine flour, one seah of white flour, one seah of dark flour, one seah of bran, one seah of coarse bran, and one seah of wheat germ. But today, we do not even get one for one.

Rebbi Ayvu bar Naggari stated before Rebbi La following Rebbi Ismael (Lev. 27:31): “If a man redeems part of his tithes, he should add its fifth to it.” That excludes the fourth year after planting; one is not obligated by it for a fifth. Then he turned around and stated: There are two terms of redemption, one for the Second Tithe and one for the fourth year after planting.

Samuel bar Abba asked: Since the House of Shammai said that they learned the rules of the vineyard of the fourth year only from the Second Tithe; since you say that there is no Second Tithe in the Sabbatical year, there is no fourth year after planting in the Sabbatical year. Similarly, in the third and sixth years of the sabbatical cycle, since there is no Second Tithe, there should not be any fourth year after planting. Rebbi Yose said, even though there is no Second Tithe in the third and sixth years, there is the tithe for the poor. In the Sabbatical year, there are no tithes at all.

Rebbi Abba bar Cohen asked before Rebbi Yose: He who declares it obligated for single berries, does he also declare it obligated for ḥallah? He said to him, is that not Rebbi Jehudah? And it is our opinion that in all this practice, Rebbi Jehudah follows the House of Shammai.

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.

It was stated: The gifts to the poor standing on the field about which the poor do not care belong to the proprietor. Rebbi Abun bar Ḥiyya asked, may a person give the name of peah to take for himself? Rebbi Simeon bar Ioḥai stated: (Lev. 19:10,22) “Abandon them to the poor and the stranger,” not ravens and bats.

It was stated: The gifts to the poor standing on the field about which the poor do not care belong to the proprietor. Rebbi Abun bar Ḥiyya asked, may a person give the name of peah to take for himself? Rebbi Simeon bar Ioḥai stated: (Lev. 19:10,22) “Abandon them to the poor and the stranger,” not ravens and bats.

Rebbi Abun bar Ḥiyya said, the Levite may be trusted if he says, this is certainly tithe, to free it from Second Tithe. But if he says: It was given to me, or if he says that it is from his own crop, they cannot be trusted. That is the Mishnah: But they can be trusted only about things that people are in the habit of doing. So is the Mishnah: But they can be trusted only about things that people are in the habit of giving.

Rebbi Eleazar said, the same is valid for an eruv. Rebbi Ḥinena said, this is for wine, but oil for an eruv must be enough for two meals. It was stated: One may use for eruv vinegar enough for two meals. It was stated: One may use for eruv oil enough for two meals. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: For dipping in it bundled vegetables for two meals. Rebbi Isaac Aṭoshaya said before Rebbi Zeïra in the name of the House of Rebbi Yannai: One may use for eruv raw peas enough for two meals. For whom is this statement necessary? For Rebbi Meïr, that one should not say because they produce bad mouth odor one may not use them for eruv. One may use salted fish for eruv. One may use salted meat for eruv. Fresh meat, as we have stated: The Babylonians eat it raw because their taste is strange. Rebbi Judan asked: May one use χαλκίς for eruv since the Samaritans eat it raw? Samuel bar Shilat in the name of Rav: One may use for eruv pa‘apu‘in,gudganiot, and ḥaluglugot. They asked him: what are these? He said to them, καυκαλίς, melilot, and purslain.

Rebbi Eleazar said, the same is valid for an eruv. Rebbi Ḥinena said, this is for wine, but oil for an eruv must be enough for two meals. It was stated: One may use for eruv vinegar enough for two meals. It was stated: One may use for eruv oil enough for two meals. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: For dipping in it bundled vegetables for two meals. Rebbi Isaac Aṭoshaya said before Rebbi Zeïra in the name of the House of Rebbi Yannai: One may use for eruv raw peas enough for two meals. For whom is this statement necessary? For Rebbi Meïr, that one should not say because they produce bad mouth odor one may not use them for eruv. One may use salted fish for eruv. One may use salted meat for eruv. Fresh meat, as we have stated: The Babylonians eat it raw because their taste is strange. Rebbi Judan asked: May one use χαλκίς for eruv since the Samaritans eat it raw? Samuel bar Shilat in the name of Rav: One may use for eruv pa‘apu‘in,gudganiot, and ḥaluglugot. They asked him: what are these? He said to them, καυκαλίς, melilot, and purslain.

Rebbi Abba bar Abba bar Mamal asked before Rebbi Ilaī: What if they saw him leave the town and enter it again? He said to him, he who gives shall give and he who takes should be afraid for himself.

Rebbi Abba bar Abba bar Mamal asked before Rebbi Ilaī: What if they saw him leave the town and enter it again? He said to him, he who gives shall give and he who takes should be afraid for himself.

Rebbi Ḥuna said, the tamḥui is collected by three people, because it it given out on the spot. Rebbi Ḥelbo in the name of Rebbi Abba bar Zavda, one does not appoint less than three providers. Come and look, money matters are judged by three, matters of life and death not so much more? But then they should be 23. Until one assembles them, he is in danger.

Rebbi Yose went up to Kufra and wanted to appoint providers there, but they did not accept. He came and said before them: “Ben Bavai over the oakum.” If this one had been appointed over the wicks and therefore merited to be counted with the leaders of his generation, you who are being appointed over the lives of people, so much more. Rebbi Ḥaggai, when he inducted providers, let them carry the Torah, to indicate that every public office is given by the Torah (Prov. 8:15–16): “Through me, kings rule, through me, princes become princes.” Rebbi Ḥiyya bar Abba appointed magistrates.

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.

Abba bar Abba gave coins to his son Samuel to distribute to the poor. He found one poor who ate red meat and drank wine. He returned and told his father about it. The latter said to him, give him more since his soul is bitter.

Rebbi Jacob bar Idi and Rebbi Isaac bar Naḥman were providers and gave a denar to Rebbi Ḥama the father of Rabbi Oshaia, but he gave it away to others. All were saying evil things about Rebbi Zachariah, the son-in-law of Rebbi Levi; they said that he was taking while he did not need it. When he died, they checked and found that he was splitting it up for others.

Rebbi Jacob bar Idi and Rebbi Isaac bar Naḥman were providers and gave a denar to Rebbi Ḥama the father of Rabbi Oshaia, but he gave it away to others. All were saying evil things about Rebbi Zachariah, the son-in-law of Rebbi Levi; they said that he was taking while he did not need it. When he died, they checked and found that he was splitting it up for others.

Rebbi Ḥinena bar Pappai used to distribute his charity in the night. Once the prince of spirits encountered him. He said to him, did not our teacher teach us (Deut 19:14): “Do not displace your neighbor’s boundaries.” He said to him, but is it not written (Prov. 21:14): “A gift in secret appeases anger.” He was afraid of him and fled from him.

Rebbi Ḥiyya bar Ada said, in our days there were old people who used to take if somebody gave to them between New Year’s Day and the Great Fastday. After that, they were not taking. They said, there is permission for us.

Clarification. Rebbi Ḥama bar Ḥanina and Rebbi Hoshaiah were strolling through the synagogue of Lod. Rebbi Ḥama bar Ḥanina said to Rebbi Hoshaiah: How much money did my forefathers invest here! He answered him: How many souls did your forefathers invest here, there is no one in here who studies Torah!

Clarification. Rebbi Ḥama bar Ḥanina and Rebbi Hoshaiah were strolling through the synagogue of Lod. Rebbi Ḥama bar Ḥanina said to Rebbi Hoshaiah: How much money did my forefathers invest here! He answered him: How many souls did your forefathers invest here, there is no one in here who studies Torah!

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.

Rebbi Abun bar Ḥiyya asked before Rebbi La: Why demay and not also what is certain, why a little bit, maybe the greater part? Did we not state: One does not bring the heave from the threshing floor to town, nor from the prairie to cultivated land, except in a place where [an animal] would drag it away; in that case he brings it and takes money from the tribe. He said to him, is it not a commandment to return a find? Rebbi Yose said, it is a commandment to return a find in small matters; it is not a commandment to return in large matters, except if it is certain; it is not a commandment to return demay since we have stated: “one may destroy a small part of it on the road”. So far, if he had no money in hand. If he had money in hand? Rebbi Neḥumai, the son of Rebbi Ḥiyya bar Abba, said, my father had money in a double sack and he did not redeem. It turns out that Rebbi Ḥiyya bar Abba holds with Rebbi Zeïra and Rebbi Aḥa with Rebbi Immi.

Rebbi Abun bar Ḥiyya asked before Rebbi La: Why demay and not also what is certain, why a little bit, maybe the greater part? Did we not state: One does not bring the heave from the threshing floor to town, nor from the prairie to cultivated land, except in a place where [an animal] would drag it away; in that case he brings it and takes money from the tribe. He said to him, is it not a commandment to return a find? Rebbi Yose said, it is a commandment to return a find in small matters; it is not a commandment to return in large matters, except if it is certain; it is not a commandment to return demay since we have stated: “one may destroy a small part of it on the road”. So far, if he had no money in hand. If he had money in hand? Rebbi Neḥumai, the son of Rebbi Ḥiyya bar Abba, said, my father had money in a double sack and he did not redeem. It turns out that Rebbi Ḥiyya bar Abba holds with Rebbi Zeïra and Rebbi Aḥa with Rebbi Immi.

Rebbi Abun bar Ḥiyya asked before Rebbi La: Why demay and not also what is certain, why a little bit, maybe the greater part? Did we not state: One does not bring the heave from the threshing floor to town, nor from the prairie to cultivated land, except in a place where [an animal] would drag it away; in that case he brings it and takes money from the tribe. He said to him, is it not a commandment to return a find? Rebbi Yose said, it is a commandment to return a find in small matters; it is not a commandment to return in large matters, except if it is certain; it is not a commandment to return demay since we have stated: “one may destroy a small part of it on the road”. So far, if he had no money in hand. If he had money in hand? Rebbi Neḥumai, the son of Rebbi Ḥiyya bar Abba, said, my father had money in a double sack and he did not redeem. It turns out that Rebbi Ḥiyya bar Abba holds with Rebbi Zeïra and Rebbi Aḥa with Rebbi Immi.

Rebbi Jeremiah sent Rebbi Zeïra a basket of figs that were not put in order. Rebbi Jeremiah said to himself, would Rebbi Zeïra eat anything that was not put in order? Rebbi Zeïra said to himself, it is impossible that Rebbi Jeremiah would send me anything that was not put in order. In the meantime, ṭevel was eaten. The next day, when he was with him, he asked him: Was that basket you sent me put in order? He answered him, I said, would Rebbi Zeïra eat anything that was not put in order? He answered, I also said, would Rebbi Jeremiah send me anything that was not put in order? Rebbi Abba bar Zemina said in the name of Rebbi Zeïra: If the earlier generations were angels, we are men; if they were men, we are donkeys. Rebbi Mana said, at that moment they said, we are not even comparable to the she-ass of Rebbi Phineas ben Yaïr.

Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman: It happened that a pious person used to dig cisterns, ditches, and caves for travellers. Once, his daughter travelled to marry and she was swept away by a river. All people came to him and wanted to console him, but he refused to be consoled. Rebbi Phineas ben Yaïr came to him and wanted to console him, but he refused to be consoled. He told them, is that your pious man? They said to him: Rabbi, such and such he did, such and such happened to him. He replied: It is impossible that he would honor his Creator by water and He hurts him by water! Immediately, there started a rumor in the town that the pious man’s daughter had returned. Some say, she got trapped in a hedge of thorns, others say that an angel came in the appearance of Rebbi Phineas ben Yaïr and saved her.

Rebbi Abun bar Ḥiyya asked before Rebbi Ze'ira: So far with money of tithes of demay? Even if it is certain!

“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.

“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.

“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?

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.

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 Mana said, I went to Caesarea and I saw them using fig cake as free. I asked Rebbi Isaac bar Eleazar; he said to me that Zeugos used to permit it. Rebbi Isaac bar Eleazar in the name of Zeugos of Caesarea: All that sees the water is free. Some want to say, up to the salt tower, some want to say, up to the Telamon cave. Rebbi Abba Mari said, the words of the rabbis imply that all kinds are forbidden in Caesarea. “Wheat, bread, oil, dates, rice, and cumin.” Fig cakes are not included? It is in the Mishnah. But we have also mentioned rice and cumin; these are in the Mishnah and we have spelled them out! Those are the ones which are left out. “These are permitted in the Sabbatical year, in all other years of the Sabbatical cycle they are demay.” These are permitted in the Sabbatical year; why are they not Sabbatical fruits in the Sabbatical year? The Jews treat them as Sabbatical, the Gentiles are free, Jews and Gentiles outnumber Samaritans. In all other years of the Sabbatical cycle they are demay, the Judean Jews put them in order, Gentiles are free, Jews and Gentiles outnumber Samaritans. How far? The inn of the pillars, the inn at Tayibeh, as far as Kefar Saba. Their juices are certain in Caesarea.

Rebbi Mana said, I went to Caesarea and I saw them using fig cake as free. I asked Rebbi Isaac bar Eleazar; he said to me that Zeugos used to permit it. Rebbi Isaac bar Eleazar in the name of Zeugos of Caesarea: All that sees the water is free. Some want to say, up to the salt tower, some want to say, up to the Telamon cave. Rebbi Abba Mari said, the words of the rabbis imply that all kinds are forbidden in Caesarea. “Wheat, bread, oil, dates, rice, and cumin.” Fig cakes are not included? It is in the Mishnah. But we have also mentioned rice and cumin; these are in the Mishnah and we have spelled them out! Those are the ones which are left out. “These are permitted in the Sabbatical year, in all other years of the Sabbatical cycle they are demay.” These are permitted in the Sabbatical year; why are they not Sabbatical fruits in the Sabbatical year? The Jews treat them as Sabbatical, the Gentiles are free, Jews and Gentiles outnumber Samaritans. In all other years of the Sabbatical cycle they are demay, the Judean Jews put them in order, Gentiles are free, Jews and Gentiles outnumber Samaritans. How far? The inn of the pillars, the inn at Tayibeh, as far as Kefar Saba. Their juices are certain in Caesarea.

Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: bulbs (onions) sold in Cesarea are forbidden because most of them come from King’s Mountain. Rebbi Ḥiyya bar Ada said, the white ones, but the rabbis of Cesarea say, the red ones.

Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: bulbs (onions) sold in Cesarea are forbidden because most of them come from King’s Mountain. Rebbi Ḥiyya bar Ada said, the white ones, but the rabbis of Cesarea say, the red ones.

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.

“The following are the towns that were permitted in the district of Naveh: Ṣaria, Ṭeriya, Jasim, Zizun, the stone heaps of ḥṭm, Aldanba the ruin, the palisades of Bar hzrg.”

A load of raisins came up to Tiberias. Gamliel the twin asked Rebbi Abba bar Kahana. He said to him: All of the Land of Israel does not produce a load of raisins. Does all of the Land of Israel not produce a load of raisins? But so he said to him: No single place in the land of Israel produces a load of raisins.

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 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.

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.

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.

HALAKHAH: It was stated: “One does not pass by foodstuffs.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That means, in earlier times. But now it is permitted because of sorcery.

This is a baraita: “Rebbi Yose says, baskets of figs, baskets of grapes, and boxes of vegetables, as long as they are sold en bloc, are free. Rabban Simeon ben Gamliel said, the great Rebbi Yose sent me an etrog and said to me: this came into my hand from Caesarea. I understood from this three things: That it was certain, could become impure, and he did not have another one. That it was certain, because the fruits of Caesarea are certain. That it could become impure, because they sprinkle water on it. That he did not have another one, because if he had, he would have tithed from one on the other.” Why could he not have tithed from itself on itself? Because he was mindful of the saying of Bar Kappara, for Bar Kappara said that people do not send things that are defective to their friends. But is that not our Mishnah? “Rebbi Yose permits certain produce on condition that he inform him.” This tells you that, even though he disagreed with the rabbis, he did not act according to his own opinion.

This is a baraita: “Rebbi Yose says, baskets of figs, baskets of grapes, and boxes of vegetables, as long as they are sold en bloc, are free. Rabban Simeon ben Gamliel said, the great Rebbi Yose sent me an etrog and said to me: this came into my hand from Caesarea. I understood from this three things: That it was certain, could become impure, and he did not have another one. That it was certain, because the fruits of Caesarea are certain. That it could become impure, because they sprinkle water on it. That he did not have another one, because if he had, he would have tithed from one on the other.” Why could he not have tithed from itself on itself? Because he was mindful of the saying of Bar Kappara, for Bar Kappara said that people do not send things that are defective to their friends. But is that not our Mishnah? “Rebbi Yose permits certain produce on condition that he inform him.” This tells you that, even though he disagreed with the rabbis, he did not act according to his own opinion.

Rebbi Ḥiyya bar Abin in the name of Rebbi Yose ben Ḥanina: Rebbi Simeon said, only for one box. If he handed over two boxes, one of them is demay and one is certain if they are still in existence; but if the first one was consumed, the second one is demay. If a hundred people took from him 100 seah at one time, each one puts his produce in order as demay. If they gave it all to one person, it should be considered as certain. If one person took many seot together, the first one is demay, the rest certain. If he then gave the rest to a hundred people, it should be considered as certain. Did we not state in the name of Rebbi Simeon in the name of Rebbi Ṭarphon: “They made the produce of this Jew like the produce of that Samaritan, demay.” That again is the same; Rebbi Simeon said, only for one box.

“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 Jonah asked: May he ask him in a roundabout way? Rebbi Jonah asks in this way. Rebbi Jonah bought wheat from Bar Ḥaqulah. He went to him and said, not that I suspect you, but since I bought wheat from you and I saw a multitude with you, I said maybe you forgot to put them in order. Were they put in order? He complained strongly about him and said: Why do you suspect me?

It was stated: “Heave of the tithe from demay that returned to its origin makes dema‘, not to its origin does not make dema‘. Rebbi Simeon from Shezur said, both at its origin and not at its origin it does not make dema‘.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeïra: For one who says, it makes dema‘, it makes dema‘; for one who says, it does not make dema‘, it does not make dema‘; this is reasonable. But if one says, in its origin it makes dema‘, not in its origin it does not make dema‘; what is the difference between in its origin and not in its origin? Rebbi Ḥaggai came up. They said, this one will say, “by Moses, I shall explain the reason.” He said, by Moses, I shall explain the reason: He who says, it makes dema‘, because it permits the rest to be eaten. He who says, it does not make dema‘, because it does not permit the rest to be eaten. Rebbi La taught according to that of Rebbi Ḥaggai. Rebbi Zeïra said: A case came before Rebbi Ḥanina and he taught according to Rebbi Simeon from Shezur. Rebbi Aḥa in the name of Rebbi Jonathan: Practice does not follow Rebbi Simeon from Shezur.

“In addition, Rebbi Simeon from Shezur said: If he separated the heave of the tithe and it was burned, he asks the seller and eats on his information.” Did Rebbi Zeïra not say that a similar case came before Rebbi Ḥanina and he taught according to Rebbi Simeon from Shezur? Rebbi Avin said, this question does not compare to the first question. There it was, not that I suspect you, but since I bought wheat from you yesterday and I saw a multitude with you, I said maybe you forgot to put them in order. Were they put in order? But here, because I suspected you, I put them in order but they went up in fire. Were they put in order? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said that Bar Kappara stated: The fear of dema‘ is on him and he will tell the truth.

HALAKHAH: Rebbi Abba bar Huna in the name of Rav: He who eats his produce without having separated the tithe of the poor commits a deadly sin. What is the reason of Rebbi Eliezer? Because he knows that it would be a deadly sin, he will separate it. What is the reason of the rabbis? He only has to give a name but does not have to separate it.