ben

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.

What text implies this? “For a grain stack under which gleanings were not collected, …” Rebbi Mana in the name of Rebbi Simeon ben Laqish: This is from the House of Shammai. Rebbi Yasa said to him: We understand that according to everybody, this is a fine. Following the House of Hillel, the poor give tithes and eat.

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.

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.

HALAKHAH: A sheaf forgotten by the workers but not by the owner is not a forgotten sheaf since it is written (Deut. 24:19): “When you harvest and you forget.” If the owner forgot but the workers did not, it is not a forgotten sheaf since it is written: “When you are harvesting and you forget.” Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon: Even if donkey drivers passing by on the road saw a sheaf forgotten by the workers but not by the owner, it is not a forgotten sheaf unless everybody forgot it.

Rebbi Simeon ben Laqish said, the reason of the House of Hillel, (Ex.23:11) “let drop,” why does the verse say, “and abandon it”? There is another abandoning like this one. Just as this one is for poor and rich alike, also what is spoken of elsewhere is for poor and rich alike.

How do the House of Hillel deal with the reason of the House of Shammai? “Relinquish them” is a restriction, these are for the poor, not for the rich, but what is spoken of elsewhere is for poor and rich alike. How do the House of Shammai deal with the reason of the House of Hillel? “Let it drop and abandon it” is a restriction, this abandoning is for poor and rich alike, but what is spoken of elsewhere is for the poor but not for the rich. Rebbi Avin said, the Mishnah supports Rebbi Simeon ben Laqish: “Abandoned also to the rich, as in the Sabbatical year.”

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.

Rebbi Ilaï said: I asked Rebbi Joshua, about which sheaves do the Houses of Shammai and Hillel disagree? He said to me, this is the teaching: The sheaf which was near a closure, a stack, cattle, or vessels, if it was forgotten, the House of Shammai say it is a forgotten sheaf, but the House of Hillel say it is not a forgotten sheaf. But when I came to Rebbi Eliezer, he told me that the Houses of Shammai and Hillel did not disagree that a sheaf near a closure, a stack, cattle, or vessels, if it was forgotten, was a forgotten sheaf. What did they disagree about? About a sheaf he took up and put beside a closure, beside a stack, beside cattle, beside vessels, and forgot about it; in that case the House of Shammai say it is not a forgotten sheaf because he already acquired rights to it. But the House of Hillel say it is a forgotten sheaf. And when I came and lectured about these things before Rebbi Eleazar ben Azariah, he said to me, by the Covenant, these are the words that had been spoken to Moses on Horeb.

When Rav descended there, he declared: I am this place’s Ben Azai. There came an old man and asked him, two slain people, one on top of the other? Rav was of the opinion that one breaks the neck. He told him, one does not break the neck. He asked him, why? He said to him, not the lower one for he is hidden, not the upper one because he floats. When he ascended here, he came to Rebbi, who told him: He told you correctly, “if he is found,” and not “if they are found.”

Rabban Simeon ben Gamliel stated: Just as standing produce saves the sheaf, so the sheaf saves the standing produce. This is logical: If standing produce, on which the power of the poor is enhanced, saves if any of it was forgotten, it is only logical that the sheaf should save, since on it the power of the poor is reduced. Rebbi answered him: If standing produce, on which the power of the poor is enhanced, saves if any of it was forgotten, is it logical that the sheaf, on which the power of the poor is reduced, if any of it was forgotten should save? From the words of both of them we infer that sheaf is saved by sheaf, but standing produce is not saved by standing produce.

It was stated in the name of the House of Shammai: When he puts away the knee cushion and finishes, then he still has at the top. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The remainder of the harvest. Rebbi Abbahu said, that which takes care of the hidden ones: (1Sam. 23:23) “Find out and see all the hiding places where he could hide.”

HALAKHAH: This means that dropped berries become sanctified in the act of falling down. Does this not simply answer Hilfai’s question, since Hilfai asked: Do gleanings become sanctified in the act of falling down? Rebbi Samuel ben Eudaimon said: There is a difference, because he prevented them from reaching the ground.

Clarification. Rebbi Abbahu, Rebbi Yose ben Ḥanina, and Rebbi Simeon ben Laqish passed by the orchard of Doron. The sharecropper brought them one peach; they and their donkeys ate from it and left some over. They estimated it to be like a dish from Kefar Ḥananiah that contains a seah of lentils. After a time they passed by there, he brought them two or three peaches in one hand. They said to him, we would like some from that tree. He said to them, they are from it. On that, they quoted (Ps. 107:34): “A fruit-bearing land into salt flats, because of the evil of its inhabitants.”

Clarification. Rebbi Abbahu, Rebbi Yose ben Ḥanina, and Rebbi Simeon ben Laqish passed by the orchard of Doron. The sharecropper brought them one peach; they and their donkeys ate from it and left some over. They estimated it to be like a dish from Kefar Ḥananiah that contains a seah of lentils. After a time they passed by there, he brought them two or three peaches in one hand. They said to him, we would like some from that tree. He said to them, they are from it. On that, they quoted (Ps. 107:34): “A fruit-bearing land into salt flats, because of the evil of its inhabitants.”

One person sowed turnips on his field; he used to cut them off and sell them. It happened that a fox made his nest in a turnip’s head. It happened in Shihin that one stalk of mustard plant had three leaves; one leaf was split off to cover a potter’s hut and they found on it three qab of mustard seed. Rebbi Simeon ben Ḥalaphta said, I had a stem of mustard plant on my property and I climbed on it the way one climbs a fig tree.

Rebbi Simeon ben Ḥalaphta said, it happened that Rebbi Jehudah said to his son in Sikhnin: Go and bring us dried figs from the barrel. He went and put his hand into the barrel, found it full of honey and said: Father, it is a barrel of honey. He said to him, put your hands deep into it and you will bring up the dried figs. It happened that Rebbi Yose said to his son in Sepphoris: Go and bring us dried figs from the upper floor. He went and found that honey was floating on the upper floor. Rebbi Ḥananiah was a dealer in bee’s honey; he also had honey obtained by roasting. After a time they passed by him. He said to them, in order not to trick you, you should know that the honey that I gave you was from roasting. They said, from that one we want more because it is good for our purposes. He set aside its value and built with it the House of Study of Sepphoris.

Rebbi Eleazar ben Rebbi Simeon went to a place where they brought him shrunk cabbage. He said to them, you put a lot of honey into it. They said to him, we did not put anything in, it is in its natural state.

Rabban Simeon ben Gamliel stated: Both in the Sabbatical year and in the rest of the years of the sabbatical cycle, the House of Shammai say, there is no fifth and no removal. According to that Tanna, they did not at all learn the rules of the fourth year after planting from the Second Tithe. But then should there be no holiness in it? Its holiness comes from the verse (Lev. 19:24): “Holy for praises;” it has the status of those holy fruits over which praises are said. And should it be permitted to the fresh mourner? It is stated: This implies that it is forbidden to the fresh mourner. And should it be subject to removal? Since Rebbi Simeon frees it from removal. And should it be redeemed while still connected to the ground?

Rebbi Yose ben Rebbi Jehudah stated: Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth year after planting only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the vineyard of the fourth year only from the Second Tithe, since you say that the Second Tithe started only after 14 years, similarly there was no fourth year after planting until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

Rebbi Yose ben Rebbi Jehudah stated: Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth year after planting only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the vineyard of the fourth year only from the Second Tithe, since you say that the Second Tithe started only after 14 years, similarly there was no fourth year after planting until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

Rebbi Yose ben Rebbi Jehudah stated: Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth year after planting only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the vineyard of the fourth year only from the Second Tithe, since you say that the Second Tithe started only after 14 years, similarly there was no fourth year after planting until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

Rebbi Jeremiah asked before Rebbi Zeïra: According to those who declare it his property, should it not be subject to tithes? He said to him, according to what Rebbi Joshua ben Levi said, as Rebbi Abin said in the name of Rebbi Joshua ben Levi, not only this practice, but in any practical question which is weak in court and you do not know how to decide, go out and see how the public acts, and act accordingly. And we see that they do not give. Rebbi Mana said, that is, if the practice would follow the House of Shammai. But is there any public that acts according to the House of Shammai? Rebbi Abin said, they learned the rules of the vineyard of the fourth year only from the Second Tithe; just as you say that the Second Tithe is not subject to tithes, so the yield of the fourth year is not subject to tithes.

Rebbi Jeremiah asked before Rebbi Zeïra: According to those who declare it his property, should it not be subject to tithes? He said to him, according to what Rebbi Joshua ben Levi said, as Rebbi Abin said in the name of Rebbi Joshua ben Levi, not only this practice, but in any practical question which is weak in court and you do not know how to decide, go out and see how the public acts, and act accordingly. And we see that they do not give. Rebbi Mana said, that is, if the practice would follow the House of Shammai. But is there any public that acts according to the House of Shammai? Rebbi Abin said, they learned the rules of the vineyard of the fourth year only from the Second Tithe; just as you say that the Second Tithe is not subject to tithes, so the yield of the fourth year is not subject to tithes.

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.

Here you say, one may not give to the poor less than this from the threshing floor. And there you say, one may not give to the poor who is travelling from one place to another less than that. Rav Huna said, deduct one third for expenses. Rebbi Yose ben Rebbi Abun gave to the bakers according to the statement of Rav Huna, but only for these measures.

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.

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.

The teacher of the great Rebbi Hoshaia’s son was blind and he used to invite him to eat with him every day. One day there were guests and he did not ask him to eat with him. In the evening, he went to him and said: Please, Sir, do not be angry with me. Since I had guests, I did not want risking injuring the Sir’s honor, therefore I did not eat with you today. He said to him, you assuaged him who is seen but does not see; may He be appeased by you Who sees but is not seen. He asked him, from where do you have this? He said, from Rebbi Eliezer ben Jacob. For there came a blind man to Rebbi Eliezer ben Jacob’s town; Rebbi Eliezer ben Jacob sat below him so that they should say if he were not a great person, Rebbi Eliezer ben Jacob would not sit below him. They provided for him in honor. He asked them, what is this? They told him, because Rebbi Eliezer ben Jacob sat below you. He prayed for him the following prayer: You did a good deed for one who is seen but does not see; He Who sees but is not seen may be appeased by you and do good for you.

The teacher of the great Rebbi Hoshaia’s son was blind and he used to invite him to eat with him every day. One day there were guests and he did not ask him to eat with him. In the evening, he went to him and said: Please, Sir, do not be angry with me. Since I had guests, I did not want risking injuring the Sir’s honor, therefore I did not eat with you today. He said to him, you assuaged him who is seen but does not see; may He be appeased by you Who sees but is not seen. He asked him, from where do you have this? He said, from Rebbi Eliezer ben Jacob. For there came a blind man to Rebbi Eliezer ben Jacob’s town; Rebbi Eliezer ben Jacob sat below him so that they should say if he were not a great person, Rebbi Eliezer ben Jacob would not sit below him. They provided for him in honor. He asked them, what is this? They told him, because Rebbi Eliezer ben Jacob sat below you. He prayed for him the following prayer: You did a good deed for one who is seen but does not see; He Who sees but is not seen may be appeased by you and do good for you.

The teacher of the great Rebbi Hoshaia’s son was blind and he used to invite him to eat with him every day. One day there were guests and he did not ask him to eat with him. In the evening, he went to him and said: Please, Sir, do not be angry with me. Since I had guests, I did not want risking injuring the Sir’s honor, therefore I did not eat with you today. He said to him, you assuaged him who is seen but does not see; may He be appeased by you Who sees but is not seen. He asked him, from where do you have this? He said, from Rebbi Eliezer ben Jacob. For there came a blind man to Rebbi Eliezer ben Jacob’s town; Rebbi Eliezer ben Jacob sat below him so that they should say if he were not a great person, Rebbi Eliezer ben Jacob would not sit below him. They provided for him in honor. He asked them, what is this? They told him, because Rebbi Eliezer ben Jacob sat below you. He prayed for him the following prayer: You did a good deed for one who is seen but does not see; He Who sees but is not seen may be appeased by you and do good for you.

The teacher of the great Rebbi Hoshaia’s son was blind and he used to invite him to eat with him every day. One day there were guests and he did not ask him to eat with him. In the evening, he went to him and said: Please, Sir, do not be angry with me. Since I had guests, I did not want risking injuring the Sir’s honor, therefore I did not eat with you today. He said to him, you assuaged him who is seen but does not see; may He be appeased by you Who sees but is not seen. He asked him, from where do you have this? He said, from Rebbi Eliezer ben Jacob. For there came a blind man to Rebbi Eliezer ben Jacob’s town; Rebbi Eliezer ben Jacob sat below him so that they should say if he were not a great person, Rebbi Eliezer ben Jacob would not sit below him. They provided for him in honor. He asked them, what is this? They told him, because Rebbi Eliezer ben Jacob sat below you. He prayed for him the following prayer: You did a good deed for one who is seen but does not see; He Who sees but is not seen may be appeased by you and do good for you.

The teacher of the great Rebbi Hoshaia’s son was blind and he used to invite him to eat with him every day. One day there were guests and he did not ask him to eat with him. In the evening, he went to him and said: Please, Sir, do not be angry with me. Since I had guests, I did not want risking injuring the Sir’s honor, therefore I did not eat with you today. He said to him, you assuaged him who is seen but does not see; may He be appeased by you Who sees but is not seen. He asked him, from where do you have this? He said, from Rebbi Eliezer ben Jacob. For there came a blind man to Rebbi Eliezer ben Jacob’s town; Rebbi Eliezer ben Jacob sat below him so that they should say if he were not a great person, Rebbi Eliezer ben Jacob would not sit below him. They provided for him in honor. He asked them, what is this? They told him, because Rebbi Eliezer ben Jacob sat below you. He prayed for him the following prayer: You did a good deed for one who is seen but does not see; He Who sees but is not seen may be appeased by you and do good for you.

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.

A baraita disagrees with Rebbi Simeon ben Laqish: “If they were kept in storage they are obligated.” Did they not essentially come from abandoned property? He explains it, if most people keep them in storage. Come and see, if most people keep them in storage, it is everybody’s opinion that they are obligated, be it demay or certain. If most people do not keep them in storage, it is everybody’s opinion that they are free, be it demay or certain. Half and half you cannot consider since we have stated: “Half and half is demay.” Rebbi Zeïra said, not only the easy ones for demay but even demay itself.

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.

“ Early and late fruits are exempt. These are the early fruits, before one appoints a watchman.” But does this depend on the watchman? Rebbi Yose said, if they are not worth the attention of a watchman. “These are the late fruits, after they folded up the mats. Rebbi Illaï said in the name of Rebbi Eliezer, the early ones are obligated because of an assumption that they are being watched.” Rebbi Yose ben Ḥalaphta said, shitin in Sepphoris are obligated because of an assumption that they are watched.

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.

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.

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.

Rebbi Huna said: Rebbi Jeremiah asked, does this not contradict Rebbi Simeon ben Laqish? Should not all lotus fruit be more than the lotus fruit of Shiqmana, should they not be free? Rebbi Yose said, explain it at a place where most people store it. Rebbi Yose the Great asked: Is not the entire world before him, should not all lotus fruit be more than the lotus fruit of this place and be free?

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.

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.

Thieves stole the she-ass of Rebbi Phineas ben Yaïr at night. She was hidden with them for three days during which she did not eat anything. After three days, they took counsel to return her to her master. They said, let us send her to her master lest she die with us and foul up the cave. They let her out; she stood at her master’s door and started braying. He said to them, open to that poor creature because for three days now she did not taste anything. They opened for her and she entered. He said to them, give her something to eat. They put oats before her but she did not eat. They said to him, rabbi, she does not want to eat. He asked them, did you put it in order? They said: Yes. He asked them, did you remove its demay? They said, did the rabbi not teach us: “He who buys for seeds or animals, flour for tanning, oil for lighting, or oil to rub vessels, is free from demay.” He said to them, what can we do with this poor creature since she is very restrictive for herself? They removed the demay and she ate.

Two poor people entrusted two se’ah of barley to Rebbi Phineas ben Yaïr; he sowed them and harvested them. They came to him and wanted to take their barley. He said to them, bring camels and donkeys to carry their barley.

Rebbi Phineas ben Yaïr went to a place where they came to him and said, rats are eating our grain. He commanded them; they assembled and started to whistle. He asked them, do you understand what they are saying? They said, no. He said to them, they say that it is not put in order. They said to him, be our guarantor. He promised and they had no further losses.

A pearl of the king of Saracens fell and was swallowed by a rat. He came to Rebbi Phineas ben Yaïr, who said to him, am I a sorcerer? He answered, I came because of your good name. He commanded them; they assembled. He saw one coming that was hunchbacked. He said, it is in this one; he gave the rat a command and it spat out the pearl.

Rebbi Phineas ben Yaïr went to a place where they came to him and said, our water source is not sufficient for us. He said to them, perhaps you do not put in order? They said to him, be our guarantor. He promised them and it became sufficient for them.

Rebbi Phineas ben Yaïr went to the House of Assembly when Ginai overflowed. He said: Ginai, Ginai, why do you prevent me from going to the House of Assembly? It split before him and he crossed it. His students asked him, may we cross also? He said to them, he who knows of himself that he never slighted a Jew may cross and will not be harmed.

Rebbi wanted to permit the Sabbatical year. Rebbi Phineas ben Yaïr went to him. He said to him: how is the grain doing? He answered him: endives are doing fine. He said to him: how is the grain doing? He answered him: endives are doing fine. From this, Rebbi understood that he did not agree with him. He said to him: Would the rabbi care to eat a bite with me today? He said to him, yes. When he came, he saw the she-mules of Rebbi standing. He said, are all these fed by Jews? He will not see me again! They went and told this to Rebbi. Rebbi sent and wanted to pacify him. They found him in his city. He said, the people of my city should come close to me. The people of his city came and surrounded him. They said to them, Rebbi wants to make peace with him. They left him and went away. He said, my cousins should come close to me. Fire descended from Heaven and surrounded him. They returned and told Rebbi. He said, since we did not have merit to eat our fill from him in this world, may we be worthy to eat our fill from him in the World to Come.

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 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 Ḥanina ben Dosa was sitting down to eat on Friday night when the table sank before him. They said to him, what is that? She said to him, I borrowed spices from my neighbor and forgot to give tithes from it. He mentioned a condition and the table rose by itself.

“ Wine for brine, wine for perfume, legumes to make into powder are subject to demay, not to mention if they are certain. They themselves are free from demay.” Where are we standing? According to Rebbi, they should be subject to demay, according to Rebbi Eleazar ben Rebbi Simeon, even if certain they should be free. But we follow Rebbi, we say we are dealing with the easy ones, for which they eased the rules of demay.

Rebbi Ḥalaphta ben Shaul stated: One may redeem demay in the bathhouse since it does not need a benediction. Hence, if the produce is certain it needs a benediction. Rebbi Mana asked before Rebbi Judan, what does he recite? If it was produce, “on the redemption of Second Tithe,” if it was money, “on turning Second Tithe profane.”

“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.

May one determine the Second in place of the First? His sharecropper brought fruits to Rebbi Yose ben Shaul. He said to him, go and fix a place for the Second. He returned, and he told him, go and fix a place for the First. Should he not worry that maybe the Second was fixed at a place reserved for the First? This means that it is permitted to determine the Second in place of the First.

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.

Rebbi Joshua ben Levi commanded his lads: Do not buy me vegetables except from Sisera’s garden. He, may he be remembered for the good stood nearby and said to him: Go tell your teacher that this is not Sisera’s garden; it did belong to a Jew but he killed him and took it away from him. If you want to be restrictive for yourself, permit it to your friend.

Rebbi Jonah in the name of Rebbi Simeon ben Zachariah: The kinds forbidden in Paneas: Walnuts, rice, sesame, and Egyption beans. Gamliel the twin says, early ripening atriplex. Rebbi Jonah said, that means, higher than the Rooster of Caesarea. But below the Rooster of Caesarea it has the status of the Land of Israel. Rebbi Jonah asked: If his field was sown with vegetables and he came and found it full of rice, is the vegetable permitted and the rice forbidden? If the rice is high and the vegetable low, is the vegetable permitted and the rice forbidden? In fact, most of these fields produce these species! Even if you say that most of these fields produce these species, most of these kinds only come from forbidden areas.

It was stated: The rice in the sands of Antiochia is permitted in its place. Rebbi Eleazar ben Rebbi Yose permitted it as far as Kdvn. Rebbi Jonah asked: This distance in every direction?

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.

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.

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.

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.

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.

It was stated: “Everybody who comes has to accept, even a learned ḥaver; but a rabbi who has been sitting in rabbinical court does not have to accept because he did it at the moment he joined the court.” Rebbi La said, only if he really accepted it from the first hour on. Rebbi Yose asked, if it was from the first hour, what is the difference between a ḥaver and an am ḥaäreẓ? The position of Rebbi La parallels that of Rebbi Simeon ben Laqish, for Rebbi Simeon ben Laqish came to those of the house of Rebbi Yannai; the women saw him and removed themselves from before him. He said to them, I shall come to your house; I am an am haäreẓ with respect to purities.

It was stated: “Everybody who comes has to accept, even a learned ḥaver; but a rabbi who has been sitting in rabbinical court does not have to accept because he did it at the moment he joined the court.” Rebbi La said, only if he really accepted it from the first hour on. Rebbi Yose asked, if it was from the first hour, what is the difference between a ḥaver and an am ḥaäreẓ? The position of Rebbi La parallels that of Rebbi Simeon ben Laqish, for Rebbi Simeon ben Laqish came to those of the house of Rebbi Yannai; the women saw him and removed themselves from before him. He said to them, I shall come to your house; I am an am haäreẓ with respect to purities.

It was stated: “He answers to the fellowship, his sons and household answer to him.” Some Tannaïm state: “He, his sons, and his household answer to the fellowship.” They do not disagree: the first, if they are dependent on their father, the second, if they do not depend on their father. Rebbi Ḥalaphta ben Saul stated, adults answer to the fellowship, minors answer to him.

It was stated: “One brings close for ‘wings’ and after that one teaches about purity.” Rebbi Isaac ben Eleazar said, wings, smells, pushings, purity, tithes.

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.

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.”

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 Zeïra asked before Rebbi Yasa: It this not from the fruits that are exempt at Caesarea? He said to him, did not Rebbi permit fruits at Caesarea? But Rabban Simeon ben Gamliel preceded Rebbi!

Rebbi Taypha the Red in the name of Rebbi Abbahu: Samaritans can be trusted with deposits. Is that not the Mishnah: “With a Samaritan”? Our Mishnah before they became suspect, he comes to tell us even after they became suspect. How is it, should he be trusted to say, I took it and replaced it by other deposits that were put in order? If you believe him in that he took it, you should believe him in what he gave. If you do not believe that he took, do not believe that he gave. You believe a Samaritan that he gave and you do not believe that he took. Rebbi Jonah asked: What are we talking about? If he says, they are my own, even an am haäreẓ should not be trusted. If he says, X took tithes for me, even the Samaritan should be believed. Rebbi Abba said, explain it according to him who says that a Samaritan is like a Gentile. As they disagreed: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel said, a Samaritan is like a Jew in every respect.

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.

“ Rebbi Joshua ben Qabusai said, all my life I read this verse (Num.19:19): ‘The pure shall sprinkle on the impure,’ that one pure person sprinkles on one impure person, until I learned it from the storage facility at Jabneh. This means that one pure person sprinkles on many impure persons.”

HALAKHAH: Both Rebbi Yose and Rabban Simeon ben Gamliel said the same thing. Just as Rebbi Yose said, we are not responsible for the dishonest, so Rabban Simeon ben Gamliel said, we are not responsible for the dishonest. It is reasonable that Rebbi Yose will agree with Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel will not agree with Rebbi Yose. Rebbi Yose will agree with Rabban Simeon ben Gamliel that we are not responsible for the dishonest. But Rabban Simeon ben Gamliel will not agree with Rebbi Yose, because it is not fitting for a ḥaver that anything not in order should leave his house.

HALAKHAH: Both Rebbi Yose and Rabban Simeon ben Gamliel said the same thing. Just as Rebbi Yose said, we are not responsible for the dishonest, so Rabban Simeon ben Gamliel said, we are not responsible for the dishonest. It is reasonable that Rebbi Yose will agree with Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel will not agree with Rebbi Yose. Rebbi Yose will agree with Rabban Simeon ben Gamliel that we are not responsible for the dishonest. But Rabban Simeon ben Gamliel will not agree with Rebbi Yose, because it is not fitting for a ḥaver that anything not in order should leave his house.

HALAKHAH: Both Rebbi Yose and Rabban Simeon ben Gamliel said the same thing. Just as Rebbi Yose said, we are not responsible for the dishonest, so Rabban Simeon ben Gamliel said, we are not responsible for the dishonest. It is reasonable that Rebbi Yose will agree with Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel will not agree with Rebbi Yose. Rebbi Yose will agree with Rabban Simeon ben Gamliel that we are not responsible for the dishonest. But Rabban Simeon ben Gamliel will not agree with Rebbi Yose, because it is not fitting for a ḥaver that anything not in order should leave his house.

HALAKHAH: Both Rebbi Yose and Rabban Simeon ben Gamliel said the same thing. Just as Rebbi Yose said, we are not responsible for the dishonest, so Rabban Simeon ben Gamliel said, we are not responsible for the dishonest. It is reasonable that Rebbi Yose will agree with Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel will not agree with Rebbi Yose. Rebbi Yose will agree with Rabban Simeon ben Gamliel that we are not responsible for the dishonest. But Rabban Simeon ben Gamliel will not agree with Rebbi Yose, because it is not fitting for a ḥaver that anything not in order should leave his house.

HALAKHAH: Both Rebbi Yose and Rabban Simeon ben Gamliel said the same thing. Just as Rebbi Yose said, we are not responsible for the dishonest, so Rabban Simeon ben Gamliel said, we are not responsible for the dishonest. It is reasonable that Rebbi Yose will agree with Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel will not agree with Rebbi Yose. Rebbi Yose will agree with Rabban Simeon ben Gamliel that we are not responsible for the dishonest. But Rabban Simeon ben Gamliel will not agree with Rebbi Yose, because it is not fitting for a ḥaver that anything not in order should leave his house.

HALAKHAH: Both Rebbi Yose and Rabban Simeon ben Gamliel said the same thing. Just as Rebbi Yose said, we are not responsible for the dishonest, so Rabban Simeon ben Gamliel said, we are not responsible for the dishonest. It is reasonable that Rebbi Yose will agree with Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel will not agree with Rebbi Yose. Rebbi Yose will agree with Rabban Simeon ben Gamliel that we are not responsible for the dishonest. But Rabban Simeon ben Gamliel will not agree with Rebbi Yose, because it is not fitting for a ḥaver that anything not in order should leave his house.

A holiday next to the Sabbath, be it before the Sabbath or after the Sabbath, and likewise the two holidays of the diaspora, according to him who says they are one sanctity, he may eat; according to him who says that they are two sanctities, he may not eat. Even according to him who says that they are two sanctities, he may eat as long as there was no possibility to tithe between them. It was stated: “If he asks him on the holiday, he eats on the Sabbath; if he asks him on the Sabbath, he eats on the holiday.” Rebbi Jonah in the name of Rebbi Zeïra, explain it regarding produce he had intended to use on Sabbath eve. But produce he had not intended on Sabbath eve (to use during the Sabbath) is not included. Rebbi Mana said, the words of the rabbis support Rebbi Jonah, my father, since we have stated there: “He who takes a vow regarding his friend that he will eat at his place but he does not trust him with the tithes.” Rebbi Yannai ben Rebbi Ismaël in the name of Rebbi Joḥanan: On the Sabbath of the preliminary marriage they permitted because of hatred. Is the Sabbath of the preliminary marriage not comparable to produce that on Sabbath eve he intended to use (later on the Sabbath)? Nevertheless, he only said “because of hatred.”

“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 Yannai ben Rebbi Ismaël in the name of Rebbi Joḥanan: On the Sabbath of a protogamia they permitted because of hatred. Rebbi Avin said, here they permitted ṭevel because of human relations. Rebbi Ḥanina said, Rebbi Jeremiah asked: If it is because of human relations, why is it only on condition that the host tell him that it was tithed? If he invited him on the first Sabbath but he did not come, can the second Sabbath become the first? Rav Ḥisda said, here we have learned that a ḥaver may not eat at a meal that has no name.