mishnah

MISHNAH: What are dropped berries? Anything that drops during vintage. If he was gathering grapes, cut off the bunch, it got mixed up in the leaves, fell to the ground and scattered, that belongs to the proprietor. He who puts a basket under the vine while he is gathering grapes robs the poor, and about him it was said (Prov. 22:28, 23:10): “Do not displace an eternal boundary.” What is a gleaning of grapes? Anything that has no shoulder and no dropping. If it has either shoulder or dropping it belongs to the proprietor, in case of doubt it belongs to the poor. A gleaning on a cut branch, if it can be cut off together with a bunch it belongs to the proprietor, otherwise to the poor. An isolated berry, Rebbi Jehudah says, it is considered a bunch, but the sages say, a gleaning.

MISHNAH: He who thins out vines, just as he thins out his own so he thins out those of the poor, the words of Rebbi Jehudah. Rebbi Meïr says, he may do so for his own but he is not empowered for those of the poor.

MISHNAH: A vineyard in its fourth year, the House of Shammai say, it is not subject to a fifth and is not subject to removal; but the House of Hillel say, it is. The House of Shammai say, it is subject to single berries and gleanings and the poor redeem for themselves, but the House of Hillel say, all goes to the winepress.

There we have stated: Rebbi Jehudah says, there is no vineyard in the fourth year for the Gentile, but the Sages say there is. Rebbi Eleazar said, so says the Mishnah: There is never a vineyard in the fourth year for the Gentile. Rebbi Bibi said before Rebbi Zeïra in the name of Rebbi Eleazar: According to the opinion of Rebbi, the statement of Rebbi Jehudah turns out to be like the statement of the House of Shammai. 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, so there is no fourth year after planting in the Sabbatical year. Similarly, Rebbi Jehudah 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 Syria, so there is no fourth year after planting in Syria. He said to him, look what he said! He said only, it is not subject to a fifth and is not subject to removal, hence, it is subject to all other rules; Rebbi Jehudah says, there is no vineyard in the fourth year for the Gentile in Syria.

MISHNAH: A vineyard that produces only gleanings, Rebbi Eliezer says, they are for the proprietor, Rebbi Aqiba says, for the poor. Rebbi Eliezer said (Deut. 24:21): “When you gather your grapes … do not take the gleanings after it.” If there is no vintage, where are the gleanings? Rebbi Aqiba told him (Lev. 19:10): “Do not take gleanings from your vineyard,” even if it is all gleanings. If that is so, why does it say “when you gather your grapes … do not take the gleanings after it;” the poor have no right to the gleanings before the vintage.

MISHNAH: If someone dedicates his vineyard before gleanings are recognizable, the gleanings do not belong to the poor. But after the gleanings are recognizable, the gleanings belong to the poor. Rebbi Yose said, they should give the value of their growth to the Temple. What are forgotten grapes? On a trellis, anything he cannot stretch out his hands and take. On a single growing vine, once he is done with it.

MISHNAH: When is everybody permitted to take gleanings of grain? After the second wave of seekers is gone. Single grapes and gleanings of grapes, after the poor have come to the vineyard and gone. Olives after the second wave of rainfall. Rebbi Jehudah said, are there not people who do not harvest their olives until after the second wave of rainfall? Rather when a poor man goes out and does not collect more than the value of four assarii.

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.

MISHNAH: They can be trusted about gleanings, forgotten sheaves, and peah at harvest time, and about the tithe of the poor its entire year; the Levite can always be trusted. But they can be trusted only about things that people are in the habit of doing.

Rebbi Eleazer from the South asked before Rebbi Yose: Does our Mishnah follow Rebbi Eliezer, since Rebbi Eliezer said, if he can be trusted for the Second, he can be trusted for the First? Rebbi Yose said, it is everybody’s opinion. Here it is different since nobody fools around with deadly sins. Rebbi Eleazar in the name of Rebbi Hoshaia: Just as Jews are not suspected in matters of the great heave, so Levites are not suspected in matters of the heave of tithes. Rebbi Hoshaia said, our Mishnah says so: The Levite can always be trusted.

Rebbi Eleazer from the South asked before Rebbi Yose: Does our Mishnah follow Rebbi Eliezer, since Rebbi Eliezer said, if he can be trusted for the Second, he can be trusted for the First? Rebbi Yose said, it is everybody’s opinion. Here it is different since nobody fools around with deadly sins. Rebbi Eleazar in the name of Rebbi Hoshaia: Just as Jews are not suspected in matters of the great heave, so Levites are not suspected in matters of the heave of tithes. Rebbi Hoshaia said, our Mishnah says so: The Levite can always be trusted.

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 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.

MISHNAH: They are trustworthy about wheat but not flour or bread. They are trustworthy about panicles of rice but not if it is either raw or cooked. They are trustworthy about beans but not bean groats, either raw or cooked. They are trustworthy about oil if they say it is from the tithe of the poor, but not if they say it is made from picked olives. They are trustworthy in regard to fresh vegetables but not for cooked ones except if it was a small amount, since it is the way of householders to bring out from their pans.

MISHNAH: One may not give to the poor from the threshing floor less than half a qab of wheat or a qab of barley; Rebbi Meïr says, half a qab. One and a half qab of spelt, a qab of dried figs or a mina of fig cake; Rebbi Aqiba says, half. Half a log of wine; Rebbi Aqiba says, a quarter. A quarter of a log of olive oil; Rebbi Aqiba says, an eighth. About all other produce, Abba Shaul says enough so he may sell it and buy food for two meals from the proceeds.

MISHNAH: These measures apply to priests, Levites, and Israel. If he wanted to save, he gives half and takes half. If it was little, he puts it before them and they divide it up among themselves.

HALAKHAH: Rebbi Jonah refers the Mishnah to the case when he has more than the measure: If he wanted to save, he takes away half and gives half, but if he has only the measure, he puts it before them and they divide it up among themselves. Rebbi Ḥizqiah refers the Mishnah to the case when he has the exact measure: If he wants to save, he takes away one half and gives one half; since if he takes away one half and gives one half it becomes less, he puts it before them and they divide it up among themselves.

HALAKHAH: Rebbi Jonah refers the Mishnah to the case when he has more than the measure: If he wanted to save, he takes away half and gives half, but if he has only the measure, he puts it before them and they divide it up among themselves. Rebbi Ḥizqiah refers the Mishnah to the case when he has the exact measure: If he wants to save, he takes away one half and gives one half; since if he takes away one half and gives one half it becomes less, he puts it before them and they divide it up among themselves.

MISHNAH: One does not give to the poor who is travelling from one place to another less than a loaf that costs a dupondius at a time when four seah cost a sela‘. If he stays overnight, one provides him with a bed for sleeping. If he stays over the Sabbath, one gives him food for three meals. He who has food for two meals should not take from the tamḥui, if for fourteen meals, he should not take from the charity chest. The chest is collected by two people and distributed by three.

MISHNAH: He who owns 200 zuz should not take gleanings, forgotten sheaves, peah, and tithes of the poor. If he had 199, even if a thousand people gave him at the same time, he should take. If they were mortgaged for his wife’s ketubah or for a creditor, he may take. One does not require him to sell his house or the vessels of daily use.

MISHNAH: He who has 50 zuz and uses them for trade should not take. One who has no need to take but takes will not die of old age until he needs the creatures. One who has need to take but does not take will not die of old age until he can provide for others from what is his; for him is was said (Jer. 17:7): “Blessed be the man who will be confident in the Eternal, the Eternal will be his trust.” The same applies to a judge who delivers strictly true judgment. But one who is neither lame nor blind nor limping and presents himself as such will not die from old age until he will be one of them, as it is said (Deut. 16:20): “Justice, justice you shall pursue.” But every judge who takes bribes and bends the law will not die from old age until his eyes are dimmed, as it is said (Ex. 23:8): “Do not take bribes, for bribes blind the eyes of the seeing.”

Rebbi Aḥa in the name of Rebbi Ḥinena, so is the Mishnah: Everybody who needs to take and does not take commits suicide and one may not have mercy on him. If he does not care for himself, would he care for others? Everybody who has no need to take but takes will not die of old age until he needs the creatures. Everybody who needs to take but does not take will not die of old age until he can provide for others from what is his; on him is was said (Jer. 17:7): “Blessed be the man who will be confident in the Eternal; the Eternal will be his trust.”

MISHNAH: The easy ones for demay are shitin, lotus fruit, the fruit of the service tree, white figs, and sycamore figs, fallen dates, fennel, and capers. Also in Judea sumac, vinegar, and coriander. Rebbi Jehudah says, all shitin are free except those from a tree bearing fruit twice a year, all lotus fruit are free except lotus fruit from Shiqmanah, and all sycamore fruits are free except those cracked open.

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

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.

MISHNAH: Demay is not subject to a fifth or to elimination, it may be eaten by a strict mourner, it may enter Jerusalem and leave it, and one may destroy a small part of it on the road; he may give it to the am haäreẓ if he eats correspondingly, he may redeem silver for silver, copper for copper, silver for copper, and copper for produce if he again redeems the produce, the words of Rebbi Meïr. But the Sages say, produce should be brought up and eaten in Jerusalem.

There, we have stated: “Heave, the heave of the tithe, and the heave of the tithe of demay.” And here you say so! Rebbi Zeïra said, there we have stated heave of the tithe of demay but here Second Tithe of demay. Rebbi Immi said, the Mishnah does not stop to deal with the heave of the tithe of demay. What is that? There it is Rebbi Meïr, but here the rabbis. Rebbi Zeïra said in the name of the rabbis: It would have been logical that for the heave of the tithe of demay one would not have to add a fifth; why did they say that one has to add a fifth? Because of a fence for it, for if you tell him that he does not have to add, he will not treat it as holy. It would have been logical that for the Second Tithe of demay one would have to add a fifth; why did they say that one does not have to add a fifth? Because of a fence for it, for if you tell him that he has to add, he will not separate it at all.

MISHNAH: He who buys as seeds or animal fodder, flour for tanning, oil for lighting, or oil to rub on vessels, is free from demay. From Akhzib and further he is free from demay. Ḥallah of the am haäreẓ, food containing heave, food bought with money of the Second Tithe, and the remainders of flour sacrifices are free from demay. Sweet oil, the House of Shammai declare it obligated but the House of Hillel declare it free.

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

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

MISHNAH: With demay, one may make eruv, participate, recite grace, and recite grace in a group. One may separate it while naked or at twilight. And if one lifted the Second Tithe before the First, it is also acceptable. The oil the weaver puts on his hands is obligated for demay, that which the carder puts on wool is free from demay.

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?

MISHNAH: The following must be tithed as demay everywhere: Fig cakes, dates, carobs, rice, and cumin. Rice from outside the Land is free for everybody who uses it.

HALAKHAH: There, we have stated: “Garlic from Baalbek, onions from Rikhpah, split beans from Cilicia, and Egyptian lentils.” Because these kinds also grow in the Land of Israel, the Sages had to attach marks to them. “But filberts, pistachios, and pine nuts, since these kinds do not grow in the Land of Israel, the Sages did not have to attach marks to them.” Rebbi Abun said, the Mishnah is the opposite regarding the obligation of these kinds; since these kinds do not grow outside of the Land, the Sages had to enumerate them. But is there not fig cake from Bosra? It is pounded. But dates from Alexandria? They are thin. But carob from Kiari? It is cut. But rice from the Ḥolata? It has more numerous kernels and is reddish. But cumin from Cyprus? It is curved.

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

Rebbi 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 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.

MISHNAH: He who takes it upon himself to be trustworthy gives tithes for what he eats, what he sells, and what he buys, and he is not a guest of an am haäreẓ. Rebbi Jehudah said, he who is a guest of an am haäreẓ may be trustworthy. They said to him, for himself he is not trustworthy, how can he be trusted for others?

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

MISHNAH: He who accepts upon himself to be a ḥaver will not sell to the am haäreẓ wet or dry and will not buy wet from him, is not guest of an am haäreẓ and does not have him as a guest in his clothing. Rebbi Jehudah says, moreover he should not raise animals of the flock, should not overstep bounds by vows and laughter, should not defile himself with the dead, and be a regular in the house of study. They said to him, these are not included.

MISHNAH: The sages did not obligate bakers to separate more than the heave of the tithe and ḥallah. Grocers are not permitted to sell demay. All who sell wholesale in large quantities may sell demay. The following sell wholesale in large quantities, for example grain buyers and sellers.

The colleagues in the name of Rebbi Eleazar: It is Rebbi Meïr’s, since Rebbi Meïr said, they permitted to sell demay only to the commissioned grain merchant. Rebbi Yose objected, does not the Mishnah disagree? “The following sell wholesale in large quantities, for example commissioners and grain merchants.” Hence, there must be others! Rebbi Yose said, this is not what Rebbi Eleazar referred to, but the following, as we have stated: “When is this statement operative, if he sells in his bakeshop or at the door of his bakeshop. But if he was selling in the bakery or in his bakeshop adjacent to the bakery, he must give all tithes on it.” The colleagues in the name of Rebbi Eleazar: It is Rebbi Meïr’s, since Rebbi Meïr said, they only permitted to the commissioned grain merchant to sell demay. Which (statement of) Rebbi Meïr? The one we have stated next: “Rebbi Meïr says, something which usually he measured wholesale and he measured retail, the retail is adjunct to the wholesale.” Rebbi Ḥiyya stated: “Something which usually is measured wholesale and he measured it retail, the retail is adjunct to the wholesale.” And so the bakery is retail but the bakeshop is wholesale, there the wholesale is adjunct to the retail.

MISHNAH: Rebbi Meïr says, something which usually is sold retail and he sold wholesale, the wholesale is adjunct to the retail; something which usually is sold wholesale and he sold retail, the retail is adjunct to the wholesale. What is wholesale? For dry produce, three qab, for liquids, the value of one denar. Rebbi Yose says, baskets of figs, baskets of grapes, and boxes of vegetables, all these if sold en bloc are free.

MISHNAH: One lets the poor and the stranger eat demay. Rabban Gamliel let his laborers eat demay. The House of Shammai say, the administrators of charity give the tithed food to those who do not tithe, and the untithed food to those who tithe, so that it turns out that everybody eats produce that is in order. But the Sages say, one collects without asking and one distributes without asking, and he who wants to put in order should put in order.

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.”

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.”

It was stated: “One has to declare.” In the opinion of Rebbi Jonah, it is understood that the Mishnah speaks about poor ḥaverim. In the opinion of Rebbi Yose, the Mishnah speaks about am haäreẓ poor; even if he informs him, what does he gain? Because of one who does not put in order?

It was stated: “One has to declare.” In the opinion of Rebbi Jonah, it is understood that the Mishnah speaks about poor ḥaverim. In the opinion of Rebbi Yose, the Mishnah speaks about am haäreẓ poor; even if he informs him, what does he gain? Because of one who does not put in order?

MISHNAH: He who wants to cut off greens of vegetables in order to lighten his load should not throw them away before he tithed. He who buys vegetables on the market and then decides to return them should not return them before he tithed, because nothing is missing but counting. If he stopped to buy but saw another, better, load, he may change his mind because he did not take it up.

So says the Mishnah: “If he stood selecting.” So far, of the same kind. Also, from a different kind.

MISHNAH: He who finds produce on the road and takes it to eat it, but then changed his mind to store it, should not store it until he tithed it. If from the start he took it up only so that it should not be spoiled, he is free. Anything a person is not permitted to sell as demay, he may not send to a friend as demay. Rebbi Yose permits certain produce on condition that he inform him.

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.

MISHNAH: Wheat brought to be milled by a Samaritan or by an am haäreẓ remains in its prior state for tithes and Sabbatical year. By a Gentile, it is demay. Produce deposited with a Samaritan or with an am haäreẓ remains in its prior state for tithes and Sabbatical year; with a Gentile, it is like his produce. Rebbi Simeon says, it is demay.

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 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.

MISHNAH: He who gives to the innkeeper’s wife, tithes what he gives her and what he takes from her because she is suspected to switch. Rebbi Yose said, we are not responsible for the dishonest; he tithes only what he receives from her.

MISHNAH: He who gives to his mother-in-law tithes what he gives to her and what he receives from her because she is suspect to switch spoiled food. Rebbi Jehudah says, she wants to put her daughter in a good light and is ashamed before her son-in-law. Rebbi Jehudah agrees that if he gives to his mother-in-law in the Sabbatical year she is not suspect of switching to feed her daughter from Sabbatical produce.

MISHNAH: He who buys produce from a person who is not trustworthy for tithes and forgot to tithe them may ask the seller on the Sabbath and eats on the seller’s information. At nightfall, when Sabbath ends, he may not eat until he tithed. If he did not find the seller, but another person who is not trustworthy for tithes told him that it is tithed, he may eat on that information. At nightfall when Sabbath ends, he may not eat until he tithed. Heave of the tithe that returned to its origin. Rebbi Simeon from Shezur said, even on weekdays he asks the seller and eats on his information.

MISHNAH: He who takes a vow concerning his friend that he should eat at his place but he does not trust him with the tithes, he may eat at his place the first Sabbath even though he is not trustworthy for tithes, on condition that he tell him that all is tithed. On the second Sabbath, even though he makes a vow to refuse any benefit from him, he shall not eat until he tithed.”

MISHNAH: Rebbi Eliezer says, nobody has to give a name to the tithe of the poor from demay. But the Sages say, he has to give a name but does not have to separate. He who gave a name to his heave of the tithe of demay, or to the certain tithe of the poor, should not separate them on the Sabbath. But if a Cohen or a poor person were used to eat from his food at his table, they may come and eat it on condition that he inform them.

This is the Mishnah: He should not hand them over on the Sabbath, since we have stated there: “The House of Shammai say that one does not bring ḥallah and gifts to the Cohen on a holiday, whether they were separated the day before or on the day itself, but the House of Hillel do permit this.” The first statement implies the second, the second implies the first. The first statement implies the second; there is no difference between holiday and Sabbath. The second implies the first; that is, if they are used to. But if they are not used to, no person comes to eat his piece of bread at another’s house.

MISHNAH: He who tells somebody who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, is not trustworthy; from X, he is trustworthy. If he went to buy from him and said, I did not find him, but I bought for you from somebody who is trustworthy, he is not trustworthy.

MISHNAH: If someone enters a town, does not know anybody there, and asks: Who is trustworthy here, who tithes? If somebody told him, I am not trustworthy, but Mr. X is trustworthy, he may be believed. If he went and bought there and asked, who is selling old produce here? If the seller said, the one who sent you to me, they may be believed even though they act as if they would do reciprocal favors to each other. Donkey drivers who entered a town and one of them said, my produce is new, my colleague’s is old, mine is not in order, my colleague’s is in order, are not to be believed. Rebbi Jehudah says, they are to be believed.

MISHNAH: He who buys from the baker, how does he tithe? He takes the heave of the tithe and ḥallah and says: One percent here on that side is tithe, the rest of the tithe is adjacent to it. That which I turned into tithe is made heave of the tithe for it and the rest is ḥallah. The Second Tithe is North (or South) of it and is redeemed by coins.

We have stated ḥallah between First and Second Tithes. Rebbi Jonah in the name of Rebbi Zeïra: This means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, do we not deal with demay? Did not Rebbi Abba, son of Rebbi Ḥiyya, say in the name of Rebbi Joḥanan that the Mishnah deals with demay; hence, not with certain produce? And here we deal with demay. Rebbi Ḥiyya stated: Also for certain. On that, Rebbi Jonah in the name of Rebbi Zeïra said, this means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, should not ḥallah precede the First Tithe? Then ḥallah should be subject to tithes but not tithes to ḥallah, because everything that precedes another, the other is obligated for it. And we have stated in this respect: “He who makes dough from ṭevel, whether he takes ḥallah before heave or heave before ḥallah, what he did is done. Ḥallah should not be eaten until he take heave for it, heave should not be eaten until he separate ḥallah for it.” But why does First Tithe have precedence? Because it started at the threshing floor. But does the Second Tithe not start at the threshing floor? Rebbi Mattaniah said, it would have been logical that ḥallah should precede everything else. Why does First Heave have precedence? Because it started at the threshing floor and it is called “beginning.” Second Tithe, even though it started at the threshing floor, is not called “beginning.”

We have stated ḥallah between First and Second Tithes. Rebbi Jonah in the name of Rebbi Zeïra: This means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, do we not deal with demay? Did not Rebbi Abba, son of Rebbi Ḥiyya, say in the name of Rebbi Joḥanan that the Mishnah deals with demay; hence, not with certain produce? And here we deal with demay. Rebbi Ḥiyya stated: Also for certain. On that, Rebbi Jonah in the name of Rebbi Zeïra said, this means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, should not ḥallah precede the First Tithe? Then ḥallah should be subject to tithes but not tithes to ḥallah, because everything that precedes another, the other is obligated for it. And we have stated in this respect: “He who makes dough from ṭevel, whether he takes ḥallah before heave or heave before ḥallah, what he did is done. Ḥallah should not be eaten until he take heave for it, heave should not be eaten until he separate ḥallah for it.” But why does First Tithe have precedence? Because it started at the threshing floor. But does the Second Tithe not start at the threshing floor? Rebbi Mattaniah said, it would have been logical that ḥallah should precede everything else. Why does First Heave have precedence? Because it started at the threshing floor and it is called “beginning.” Second Tithe, even though it started at the threshing floor, is not called “beginning.”

We have stated ḥallah between First and Second Tithes. Rebbi Jonah in the name of Rebbi Zeïra: This means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, do we not deal with demay? Did not Rebbi Abba, son of Rebbi Ḥiyya, say in the name of Rebbi Joḥanan that the Mishnah deals with demay; hence, not with certain produce? And here we deal with demay. Rebbi Ḥiyya stated: Also for certain. On that, Rebbi Jonah in the name of Rebbi Zeïra said, this means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, should not ḥallah precede the First Tithe? Then ḥallah should be subject to tithes but not tithes to ḥallah, because everything that precedes another, the other is obligated for it. And we have stated in this respect: “He who makes dough from ṭevel, whether he takes ḥallah before heave or heave before ḥallah, what he did is done. Ḥallah should not be eaten until he take heave for it, heave should not be eaten until he separate ḥallah for it.” But why does First Tithe have precedence? Because it started at the threshing floor. But does the Second Tithe not start at the threshing floor? Rebbi Mattaniah said, it would have been logical that ḥallah should precede everything else. Why does First Heave have precedence? Because it started at the threshing floor and it is called “beginning.” Second Tithe, even though it started at the threshing floor, is not called “beginning.”

MISHNAH: He who wants to separate heave and heave of the tithe together takes one in thirty-three and one third and says: One percent of what is here on this side is profane and the remainder is heave for everything. The profane here on that side is tithe; the rest of the tithe is adjacent to it. That which I have declared as tithe is made heave of the tithe for it, (the rest is ḥallah,) the Second Tithe is either North or South of it and is redeemed by coins.

MISHNAH: He who buys from the baker may tithe from the warm on the cold and from the cold on the warm, even from many types, the words of Rebbi Meïr. Rebbi Jehudah forbids it; I say that the wheat of yesterday was from one source and today’s is from another. Rebbi Simeon forbids for heave of the tithe and permits for ḥallah.

MISHNAH: He who buys from a merchant tithes from each type separately, the words of Rebbi Meïr. Rebbi Jehudah says, from one for everything. Rebbi Jehudah agrees about him who buys from a store with a monopoly that he tithes from each single loaf.

MISHNAH: He who buys from a poor person, and similarly, the poor to whom bread slices or pieces of fig cake were given, tithe from each piece separately. But he mixes together dates and dried figs and then gives. Rebbi Jehudah said, when is that? If the gift is large. But if the gift is small, he tithes from each single one. He who buys from the grain wholesaler and later buys from him a second time should not tithe from one batch for any other, not even if they are from the same crate, not even if they are the same kind. But the grain wholesaler is trustworthy to say that they are from the same source.

HALAKHAH: Rebbi Yose in the name of Rebbi Pedaiah, Rebbi Jonah in the name of Ḥizqiah, there is no mixing except for wine and oil. Rebbi Joḥanan says, they can be mixed up to the size of olives. Our Mishnah disagrees with Rebbi Joḥanan: “But he mixes together dates and dried figs and then gives.” He explains it up to olive-sized bits.

In the House of Rebbi Yannai they said: The Mishnah speaks of threshing time, when everybody was giving from a hundred seah. If all were giving from a hundred seah but one only from fifty, he must tithe from fifty. If all were giving from fifty but one only from forty, he must tithe from forty. If all were giving from forty but one only from thirty, he must tithe from thirty. If all were giving from twenty but one only from ten, he must tithe from ten. If all were giving from ten but one only from one, he must tithe every single one.

MISHNAH: He who buys from a farmer and then buys from him a second time tithes from one batch for the other, even if they are from two crates, even if the are from two different hamlets. If the farmer sells vegetables on the market, in case that his supply comes from his own vegetable gardens, one tithes from one for all others, from other vegetable gardens, one has to tithe each bunch separately.

MISHNAH: He who buys ṭevel from two sources may tithe from one for the other even though they said that nobody is permitted to sell ṭevel except in case of need.

HALAKHAH: Rebbi Jonah said, this is the Mishnah: Nobody is permitted to sell ṭevel except in case of need, and only to a ḥaver. In that case, if ṭevel of an am haäreẓ was mixed with profane, can that never be fixed? What shall he do? He goes to a ḥaver who buys ṭevel for him and tithes for him.

MISHNAH: One tithes from a Jew’s produce for that of a Gentile and from a Gentile’s for that of a Jew; from that of a Jew for that of a Samaritan, and from that of a Samaritan for that of a Samaritan. Rebbi Eleazar prohibits from that of a Samaritan for that of a Samaritan. A flower pot with a hole is like earth. If he gave heave from the earth for a pot with a hole, or from a flower pot with a hole for produce of the earth, his heave is heave. From a pot without a hole for one with a hole it is heave, but he must take heave a second time. From a pot with a hole for one without a hole, it is heave that should not be eaten unless heave and tithes were taken for it. If he took heave from one demay for other demay, or from demay for certain produce, it is heave, but he must take heave a second time. From certain produce for demay, it is heave that should not be eaten unless heave and tithes were taken for it.

HALAKHAH: The Mishnah is Rebbi Meïr’s, since Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithe; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev.25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets real estate with slaves. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meïr (Lev. 25:23): “The land shall not be sold permanently, because the land belongs to Me,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely.

MISHNAH: He who receives a field as sharecropper from a Jew, a Gentile, or a Samaritan, distributes in their presence. He who leases a field from a Jew separates heave and delivers to him. Rebbi Jehudah says, when is that? When he gives from that field and from that kind. But if he gives from another field or from another kind, he must tithe and give him. He who leases a field from a Gentile tithes and delivers to him. Rebbi Jehudah says, also he who is a sharecropper for a Gentile on a field that used to belong to his family tithes and delivers to him.

“If he received a field to harvest for early ears, grapes to harvest for baskets of grapes, olives to harvest for baskets of olives, he delivers as is.” That means, if (he is paid) in the same kind; but from another field, or from that field but not from the same kind, he must tithe before he delivers. Rebbi Ḥiyya stated: “From the same field, whether it be the same kind or another kind, he separates heave and delivers. From another field, whether it be the same kind or another kind, he tithes and delivers.” The Mishnah follows Rabban Simeon ben Gamliel; what Rebbi Ḥiyya stated follows the Sages, and they disagree. We also may come and state that the Mishnah deals with some place where barley usually does not yield twice as much as wheat; what Rebbi Ḥiyya stated refers to a place where barley usually yields twice as much as wheat.

“If he received a field to harvest for early ears, grapes to harvest for baskets of grapes, olives to harvest for baskets of olives, he delivers as is.” That means, if (he is paid) in the same kind; but from another field, or from that field but not from the same kind, he must tithe before he delivers. Rebbi Ḥiyya stated: “From the same field, whether it be the same kind or another kind, he separates heave and delivers. From another field, whether it be the same kind or another kind, he tithes and delivers.” The Mishnah follows Rabban Simeon ben Gamliel; what Rebbi Ḥiyya stated follows the Sages, and they disagree. We also may come and state that the Mishnah deals with some place where barley usually does not yield twice as much as wheat; what Rebbi Ḥiyya stated refers to a place where barley usually yields twice as much as wheat.

MISHNAH: A Cohen or a Levite who received a field (as sharecroppers) share in the tithe in the same proportion as they share in a profane yield. Rebbi Eliezer says, the tithe is theirs because they came because of it.

A Mishnah disagrees with Rebbi Yose ben Rebbi Ḥaninah: “A vow that no Cohanim or Levites should have any advantage from me, they should take against his will.” He explains it about a person who says, I cannot possibly give them any gifts. You should know that this is so, since we have stated: “These Cohanim and Levites, let others take.” A baraita disagrees with Rebbi Joḥanan: “An Israel can say to another Israel, here you have a tetradrachma and give this first born to my daughter’s son, a Cohen.” He explains, if he already wanted to give it to two Cohanim and that daughter’s son was one of them; then one said, here you have a tetradrachma and give all of it to my daughter’s son, a Cohen.

A Mishnah disagrees with Rebbi Joḥanan: “If somebody marries giving heave, tithes, ‘gifts’, water for sprinkling, or ashes of the red heifer, she is married, even if the groom is Israel.” He explains it with heave he inherited from his maternal grandfather, a Cohen.

MISHNAH: If an Israel received (as sharecropper) from a Cohen or a Levite, the tithes are for the owners. Rebbi Ismael says, if a villager received a field from a Jerusalemite, the Second Tithe is the Jerusalemite’s. But the Sages say, the villager can make pilgrimage and eat his part in Jerusalem.

MISHNAH: If somebody receives olives to make oil, they split heave just as they split the profane. Rebbi Jehudah says, if an Israel received olives from a Cohen or a Levite for oil or for half the yield as his wages, the tithes are for the landlords.

MISHNAH: The House of Shammai say, one should sell one’s olives only to a ḥaver. The House of Hillel say, also to one who tithes. But the modest ones of the House of Hillel used to follow the words of the House of Shammai. If two people put the yield of their vineyards into one wine press and one tithes but the other does not, then he who tithes must tithe his own and what could be his at any place.

: Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, they permitted to sell demay only to the grain wholesaler. He explains the Mishnah: The one who tithes must tithe his own part as certain, and that part of his which could be spread anywhere as demay. Rebbi Jonah objected: He sells it as certain and tithes only demay? It is only possible in the way Rebbi Joḥanan said, the Mishnah is the word of everybody: The one who tithes must tithe his own part as certain, and his part anywhere as demay; that means one half of his part in his partner’s hand as demay.

: Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, they permitted to sell demay only to the grain wholesaler. He explains the Mishnah: The one who tithes must tithe his own part as certain, and that part of his which could be spread anywhere as demay. Rebbi Jonah objected: He sells it as certain and tithes only demay? It is only possible in the way Rebbi Joḥanan said, the Mishnah is the word of everybody: The one who tithes must tithe his own part as certain, and his part anywhere as demay; that means one half of his part in his partner’s hand as demay.

MISHNAH: If two people received a field as sharecroppers or inherited it or bought it as partners, one can say to his partner, take your wheat on this side and I shall take on that side, take your wine from this side and I shall take from the other side. But he should not say to him, take the wheat and I shall take the barley, take the wine and I shall take the oil. If a ḥaver and an am haäreẓ inherited from their am haäreẓ father, the ḥaver may say, take your wheat on this side and I shall take on that side, take wine from this side and I shall take from the other side. But he should not say to him, take wheat and I shall take barley, take the moist produce and I shall take the dry.

MISHNAH: If a proselyte and a Gentile inherited from their Gentile father, the proselyte may say, take the idols and I shall take money, take the wine for libations and I shall take produce. After they came into the proselyte’s possession, this is forbidden. He who sells produce in Syria and says: ‘They are from the Land of Israel,’ must tithe them. ‘They are tithed,’ one believes him because the mouth that forbade is the mouth that permits. ‘They are from my field,’ he must tithe them. ‘They are tithed,’ one believes him because the mouth that forbade is the mouth that permits. If it is known that he has a field in Syria, he must tithe.

HALAKHAH: a Jew and a Gentile bought a Gentile’s house and found there idols, libation wine, and coins, he should not tell him, take the idols and libation wine, and I shall take the coins.” Rebbi Joḥanan said, not only idols, libation wine, and coins, but even if there were two idols, one shaped as a tripod and one not shaped as a tripod, he should not tell him, take the one that is not shaped as a tripod and I shall take the one shaped like a tripod. Rebbi Zeïra said, that is correct, since even in the case of a ḥaver and an am haäreẓ who inherited from their am haäreẓ father and found there produce which might become impure and produce which might not, may he say to him, you take the produce which might become impure and I shall take that which might not? But our Mishnah disagrees: “Take the idols and I shall take money, take the wine for libations and I shall take produce.” But the end shows that there is no disagreement: “After they came into the possession of the proselyte, this is forbidden;” here, from the moment he acquired it it is as if it entered into his possession.

MISHNAH: An am haäreẓ who said to a ḥaver, buy for me a bunch of vegetables, buy for me a loaf, if he buys anonymously, he is free. If he says, this one is for me and that one is for my friend, if they became mixed up he has to tithe, even if there are a hundred.

Our Mishnah follows Rebbi Yose, as we have stated: “He who buys anonymously has to tithe.” What are we talking about? If he said to him, go and buy for me, he is his agent; go and buy for yourself, they are his property. But in our case nothing was spelled out. Rebbi Jehudah says that the seller wants the person who buys to get the property rights, Rebbi Yose says that the seller wants the owner of the money to get the property rights. Therefore, if he added a piece, Rebbi Jehudah says, it belongs to the buyer, Rebbi Yose says, it belongs to both of them. The argument of Rebbi Yose seems to be inverted. There he says that the seller wants the owner of the money to get the property rights, and here you say so? Here the transaction is through the money of one and the feet of the other, therefore they split.

MISHNAH: If somebody invites his friend for a meal but the latter does not trust him with tithes, the friend should say on Friday eve: That which I will separate in the future shall be tithe, the rest of tithe near to it. That which I made tithe shall be the heave of the tithe for everything, and the Second Tithe shall be to the North (or South) and be redeemed by coins.

HALAKHAH: Rebbi Joḥanan said: The Mishnah deals with demay. Hence, not with certain produce? A Mishnah says, even for certain produce, as we have stated there: “If he had ṭevel figs in his house and he was in the House of Study or on the field.” If you want to say that we deal with demay, you cannot do so, since it is stated: “If it was demay.” What Rebbi Joḥanan said was that it deals with demay. He did not say, not with certain produce, but that this Mishnah deals with demay. What is the difference between demay and certain produce? For demay, a person may make a proviso for something that is not in his possession; for certain produce, he may only make a proviso for something that is in his possession.

HALAKHAH: Rebbi Joḥanan said: The Mishnah deals with demay. Hence, not with certain produce? A Mishnah says, even for certain produce, as we have stated there: “If he had ṭevel figs in his house and he was in the House of Study or on the field.” If you want to say that we deal with demay, you cannot do so, since it is stated: “If it was demay.” What Rebbi Joḥanan said was that it deals with demay. He did not say, not with certain produce, but that this Mishnah deals with demay. What is the difference between demay and certain produce? For demay, a person may make a proviso for something that is not in his possession; for certain produce, he may only make a proviso for something that is in his possession.

HALAKHAH: Rebbi Joḥanan said: The Mishnah deals with demay. Hence, not with certain produce? A Mishnah says, even for certain produce, as we have stated there: “If he had ṭevel figs in his house and he was in the House of Study or on the field.” If you want to say that we deal with demay, you cannot do so, since it is stated: “If it was demay.” What Rebbi Joḥanan said was that it deals with demay. He did not say, not with certain produce, but that this Mishnah deals with demay. What is the difference between demay and certain produce? For demay, a person may make a proviso for something that is not in his possession; for certain produce, he may only make a proviso for something that is in his possession.

MISHNAH: When they mixed him a cup, he says: What I shall leave at the rim of the cup shall be tithe, the rest of tithe near to it. What I made tithe shall be the heave of the tithe for everything, and the Second Tithe shall be on its top and be redeemed by coins.