tithe

Everything teaches for itself and for others, the heave of the tithes teaches for others what it does not teach for itself. The heave of the tithe teaches for Great Heave that it should not be taken from pure produce for impure but itself can be taken from pure produce for impure. From where? Rebbi Yose in the name of Ḥizqiah, Rebbi Jonah in the name of Rebbi Yannai (Num. 18:28): “You shall give from it the Eternal’s heave to Aharon the priest;” it should be given to Aharon in his status as priest. Cahana said (Num. 18:29): “From its best, the sanctified part from it;” take from its sanctifiable part. The heave of the tithe teaches for Great Heave that it should be taken from earmarked produce but itself may be taken from non-earmarked. From where that heave of the tithe may be taken from non-earmarked produce? (Num. 18:28) “From all of your tithes,” one in Judea and one in Galilee. The heave of the tithe teaches for Great Heave that it should be taken only from finished produce, itself also should be taken from finished produce.

Heave of the tithe is taken from pure produce for pure, from impure for impure, from pure for impure, but not from impure for pure. Rebbi Neḥemiah says, just as it may not be taken from impure for pure, so it may not be taken from impure for impure. Rebbi Neḥemiah agrees in the case of demay. That is, if he has from the same kind. If he does not have anything from the same kind, let us hear from the following: Rebbi Ḥanina Eyntanaya went with Rebbi Zeïra to Ḥammat Gader. He bought him a roll and wanted to put it in order from one day to the next. He said to him: We do not have to worry about a single opinion! Can you say that he had from the same kind?

“If somebody brought many kinds in a box, cabbage on top and cabbage on the bottom but something else in between, he may not give heave or tithe from one for the other.” That means, if there is no empty space. But if there is empty space he may give heave or tithe from one for the other. “The entire house of the wine press is one.” The entire threshing house is one. It was stated: Rebbi Jehudah said, only if the main threshing place is in the middle. So far this is for wheat; [it is] the same even for stubbles, even for straw.

“If somebody brought many kinds in a box, cabbage on top and cabbage on the bottom but something else in between, he may not give heave or tithe from one for the other.” That means, if there is no empty space. But if there is empty space he may give heave or tithe from one for the other. “The entire house of the wine press is one.” The entire threshing house is one. It was stated: Rebbi Jehudah said, only if the main threshing place is in the middle. So far this is for wheat; [it is] the same even for stubbles, even for straw.

It was stated: “Rebbi Jehudah said, about what was this said? About Great Heave which must be given from what is earmarked. But for the heave of the tithe, everything is supposed to be whole. If he gave Great Heave and heave of the tithe together, it is not whole.” Jehudah ben Rebbi said, he certainly did not want to overstep the words of the Torah in giving heave of the tithe before the Great Heave. Rebbi Abba bar Mamal objected: Did we not state that “one may not give heave from impure produce for pure”? Think about it, when he did it and said, I did not intend to transgress the words of the Torah! Rebbi Abba bar Mamal said, if you say so, you let him flee from a minor sin to a major one! Ṭevel is a deadly sin, but an impure person who ate pure food oversteps a positive commandment.

It was stated: “Rebbi Jehudah said, about what was this said? About Great Heave which must be given from what is earmarked. But for the heave of the tithe, everything is supposed to be whole. If he gave Great Heave and heave of the tithe together, it is not whole.” Jehudah ben Rebbi said, he certainly did not want to overstep the words of the Torah in giving heave of the tithe before the Great Heave. Rebbi Abba bar Mamal objected: Did we not state that “one may not give heave from impure produce for pure”? Think about it, when he did it and said, I did not intend to transgress the words of the Torah! Rebbi Abba bar Mamal said, if you say so, you let him flee from a minor sin to a major one! Ṭevel is a deadly sin, but an impure person who ate pure food oversteps a positive commandment.

It was stated: “Rebbi Jehudah said, about what was this said? About Great Heave which must be given from what is earmarked. But for the heave of the tithe, everything is supposed to be whole. If he gave Great Heave and heave of the tithe together, it is not whole.” Jehudah ben Rebbi said, he certainly did not want to overstep the words of the Torah in giving heave of the tithe before the Great Heave. Rebbi Abba bar Mamal objected: Did we not state that “one may not give heave from impure produce for pure”? Think about it, when he did it and said, I did not intend to transgress the words of the Torah! Rebbi Abba bar Mamal said, if you say so, you let him flee from a minor sin to a major one! Ṭevel is a deadly sin, but an impure person who ate pure food oversteps a positive commandment.

HALAKHAH: Rebbi Yoḥanan in the name of Rebbi Yannai: This is one of three obvious inferences in the Torah. (Num. 18:12): “All the best of olive oil, all the best of cider and grain.” Where do we hold? Is it to conclude that one may give heave from cider for grain and from grain for cider? One must object that cider and olive oil come from two different species of tree and one may not give heave or tithe from one for the other! This means that cider and olive oil are paradigms for two species of trees, in which case one may not give heave or tithe from one for the other. Then I have to add two species of grain, two kinds of produce of which one may not give heave or tithe from one for the other.

HALAKHAH: Rebbi Yoḥanan in the name of Rebbi Yannai: This is one of three obvious inferences in the Torah. (Num. 18:12): “All the best of olive oil, all the best of cider and grain.” Where do we hold? Is it to conclude that one may give heave from cider for grain and from grain for cider? One must object that cider and olive oil come from two different species of tree and one may not give heave or tithe from one for the other! This means that cider and olive oil are paradigms for two species of trees, in which case one may not give heave or tithe from one for the other. Then I have to add two species of grain, two kinds of produce of which one may not give heave or tithe from one for the other.

HALAKHAH: Rebbi Yoḥanan in the name of Rebbi Yannai: This is one of three obvious inferences in the Torah. (Num. 18:12): “All the best of olive oil, all the best of cider and grain.” Where do we hold? Is it to conclude that one may give heave from cider for grain and from grain for cider? One must object that cider and olive oil come from two different species of tree and one may not give heave or tithe from one for the other! This means that cider and olive oil are paradigms for two species of trees, in which case one may not give heave or tithe from one for the other. Then I have to add two species of grain, two kinds of produce of which one may not give heave or tithe from one for the other.

Our Mishnah is from Rebbi Ismael ben Rebbi Yose, as it was stated: “Rebbi Ismael ben Rebbi Yose says in the name of his father that one may take heave from wine for vinegar but not from vinegar for wine. If somebody transgressed, his heave is heave. Rebbi says that wine and vinegar are two distinct kinds and one does not give heave nor does one tithe from one for the other.” Rebbi Joshua ben Levi said, it seems that Rebbi would agree as to biblical law. What is Rebbi’s reason? If you say so, that one may give heave of wine for vinegar, he will think that one is permitted to give vinegar for wine.

It was stated: “When does one start to give heave from grapes? From the moment one went over it warp and woof. When does one start to make them impure? The House of Shammai say, after one removed second [tithe], the House of Hillel say, after one removed first [tithe]. Rebbi Yose said, practice should follow the House of Shammai but the public follow the House of Hillel. Rebbi Simeon says, the words of the House of Shammai were reasonable in the time of the Temple, the words of the House of Hillel are reasonable in the present time. But the Sages say unlike either of them, but that one removes heave and the heave of the tithe; then one may make it impure immediately.”

It was stated: “When does one start to give heave from grapes? From the moment one went over it warp and woof. When does one start to make them impure? The House of Shammai say, after one removed second [tithe], the House of Hillel say, after one removed first [tithe]. Rebbi Yose said, practice should follow the House of Shammai but the public follow the House of Hillel. Rebbi Simeon says, the words of the House of Shammai were reasonable in the time of the Temple, the words of the House of Hillel are reasonable in the present time. But the Sages say unlike either of them, but that one removes heave and the heave of the tithe; then one may make it impure immediately.”

It was stated: “When does one start to give heave from grapes? From the moment one went over it warp and woof. When does one start to make them impure? The House of Shammai say, after one removed second [tithe], the House of Hillel say, after one removed first [tithe]. Rebbi Yose said, practice should follow the House of Shammai but the public follow the House of Hillel. Rebbi Simeon says, the words of the House of Shammai were reasonable in the time of the Temple, the words of the House of Hillel are reasonable in the present time. But the Sages say unlike either of them, but that one removes heave and the heave of the tithe; then one may make it impure immediately.”

MISHNAH: He who says the heave of this heap is contained in it, the tithes are contained in it and the heave of this tithe is contained in it, Rebbi Simeon says he gave it a name but the Sages say, only if he said in its Northern or Southern part. Rebbi Eleazar Ḥisma says, he who says, the heave of this heap is from it for itself, gave it a name. Rebbi Eliezer ben Jacob says, he who says, one tenth of this tithe is made heave of the tithe for it, gave it a name. One who gives heave before First Fruits, First Tithe before heave, Second Tithe before First, even though he transgresses a prohibition what he did is done since it is said (Ex. 22:28): "Your fullness you should not make follow your dema ’ ”. From where that First Fruits should precede heave since either one is called heave and first. First Fruits should precede since they are due before everything else, heave before First Tithe because it is first, First Tithe before the Second because it contains “first”.

MISHNAH: He who says the heave of this heap is contained in it, the tithes are contained in it and the heave of this tithe is contained in it, Rebbi Simeon says he gave it a name but the Sages say, only if he said in its Northern or Southern part. Rebbi Eleazar Ḥisma says, he who says, the heave of this heap is from it for itself, gave it a name. Rebbi Eliezer ben Jacob says, he who says, one tenth of this tithe is made heave of the tithe for it, gave it a name. One who gives heave before First Fruits, First Tithe before heave, Second Tithe before First, even though he transgresses a prohibition what he did is done since it is said (Ex. 22:28): "Your fullness you should not make follow your dema ’ ”. From where that First Fruits should precede heave since either one is called heave and first. First Fruits should precede since they are due before everything else, heave before First Tithe because it is first, First Tithe before the Second because it contains “first”.

MISHNAH: He who says the heave of this heap is contained in it, the tithes are contained in it and the heave of this tithe is contained in it, Rebbi Simeon says he gave it a name but the Sages say, only if he said in its Northern or Southern part. Rebbi Eleazar Ḥisma says, he who says, the heave of this heap is from it for itself, gave it a name. Rebbi Eliezer ben Jacob says, he who says, one tenth of this tithe is made heave of the tithe for it, gave it a name. One who gives heave before First Fruits, First Tithe before heave, Second Tithe before First, even though he transgresses a prohibition what he did is done since it is said (Ex. 22:28): "Your fullness you should not make follow your dema ’ ”. From where that First Fruits should precede heave since either one is called heave and first. First Fruits should precede since they are due before everything else, heave before First Tithe because it is first, First Tithe before the Second because it contains “first”.

MISHNAH: He who says the heave of this heap is contained in it, the tithes are contained in it and the heave of this tithe is contained in it, Rebbi Simeon says he gave it a name but the Sages say, only if he said in its Northern or Southern part. Rebbi Eleazar Ḥisma says, he who says, the heave of this heap is from it for itself, gave it a name. Rebbi Eliezer ben Jacob says, he who says, one tenth of this tithe is made heave of the tithe for it, gave it a name. One who gives heave before First Fruits, First Tithe before heave, Second Tithe before First, even though he transgresses a prohibition what he did is done since it is said (Ex. 22:28): "Your fullness you should not make follow your dema ’ ”. From where that First Fruits should precede heave since either one is called heave and first. First Fruits should precede since they are due before everything else, heave before First Tithe because it is first, First Tithe before the Second because it contains “first”.

MISHNAH: He who says the heave of this heap is contained in it, the tithes are contained in it and the heave of this tithe is contained in it, Rebbi Simeon says he gave it a name but the Sages say, only if he said in its Northern or Southern part. Rebbi Eleazar Ḥisma says, he who says, the heave of this heap is from it for itself, gave it a name. Rebbi Eliezer ben Jacob says, he who says, one tenth of this tithe is made heave of the tithe for it, gave it a name. One who gives heave before First Fruits, First Tithe before heave, Second Tithe before First, even though he transgresses a prohibition what he did is done since it is said (Ex. 22:28): "Your fullness you should not make follow your dema ’ ”. From where that First Fruits should precede heave since either one is called heave and first. First Fruits should precede since they are due before everything else, heave before First Tithe because it is first, First Tithe before the Second because it contains “first”.

MISHNAH: He who says the heave of this heap is contained in it, the tithes are contained in it and the heave of this tithe is contained in it, Rebbi Simeon says he gave it a name but the Sages say, only if he said in its Northern or Southern part. Rebbi Eleazar Ḥisma says, he who says, the heave of this heap is from it for itself, gave it a name. Rebbi Eliezer ben Jacob says, he who says, one tenth of this tithe is made heave of the tithe for it, gave it a name. One who gives heave before First Fruits, First Tithe before heave, Second Tithe before First, even though he transgresses a prohibition what he did is done since it is said (Ex. 22:28): "Your fullness you should not make follow your dema ’ ”. From where that First Fruits should precede heave since either one is called heave and first. First Fruits should precede since they are due before everything else, heave before First Tithe because it is first, First Tithe before the Second because it contains “first”.

MISHNAH: He who says the heave of this heap is contained in it, the tithes are contained in it and the heave of this tithe is contained in it, Rebbi Simeon says he gave it a name but the Sages say, only if he said in its Northern or Southern part. Rebbi Eleazar Ḥisma says, he who says, the heave of this heap is from it for itself, gave it a name. Rebbi Eliezer ben Jacob says, he who says, one tenth of this tithe is made heave of the tithe for it, gave it a name. One who gives heave before First Fruits, First Tithe before heave, Second Tithe before First, even though he transgresses a prohibition what he did is done since it is said (Ex. 22:28): "Your fullness you should not make follow your dema ’ ”. From where that First Fruits should precede heave since either one is called heave and first. First Fruits should precede since they are due before everything else, heave before First Tithe because it is first, First Tithe before the Second because it contains “first”.

So far if he says “contained in it”. What if he said “in it”? Let us hear from the following:“The second tithe in this property shall be redeemed by those coins” and he did not specify, Rebbi Simeon said he gave it its name but the Sages say he did not do anything unless he says, in its Northern part, or in its Southern part.” That means there is no difference between “contained in it” and “in it”.

Rebbi Samuel bar Abba asked: First Tithe which he preceded to ears, does he transgress or is he transgressing only the right order?

MISHNAH: If somebody intends to say heave but says tithe, tithe but says heave, fire offering but says well-being offering, well-being offering but says fire offering, that I shall not enter this house and he says that one, that I shall have no enjoyment from this one and he says from that one, he did not say anything unless his statement and his intention be equal.

MISHNAH: If somebody intends to say heave but says tithe, tithe but says heave, fire offering but says well-being offering, well-being offering but says fire offering, that I shall not enter this house and he says that one, that I shall have no enjoyment from this one and he says from that one, he did not say anything unless his statement and his intention be equal.

HALAKHAH: “ If he brought heave from his house one treats it as ṭevel and Great Heave, the words of Rebbi; Rabban Simeon ben Gamliel says, it is certainly heave. If he brought First Tithe from his house, one treats it as ṭevel and First Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate First Tithe. If he brought Second Tithe from his house, one treats it as ṭevel and Second Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate Second Tithe.” Rebbi Yose ben Rebbi Abun said, Rebbi worries that maybe he gave from one kind on another but Rabban Simeon ben Gamliel worries thay maybe he inverted the order.

HALAKHAH: “ If he brought heave from his house one treats it as ṭevel and Great Heave, the words of Rebbi; Rabban Simeon ben Gamliel says, it is certainly heave. If he brought First Tithe from his house, one treats it as ṭevel and First Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate First Tithe. If he brought Second Tithe from his house, one treats it as ṭevel and Second Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate Second Tithe.” Rebbi Yose ben Rebbi Abun said, Rebbi worries that maybe he gave from one kind on another but Rabban Simeon ben Gamliel worries thay maybe he inverted the order.

HALAKHAH: “ If he brought heave from his house one treats it as ṭevel and Great Heave, the words of Rebbi; Rabban Simeon ben Gamliel says, it is certainly heave. If he brought First Tithe from his house, one treats it as ṭevel and First Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate First Tithe. If he brought Second Tithe from his house, one treats it as ṭevel and Second Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate Second Tithe.” Rebbi Yose ben Rebbi Abun said, Rebbi worries that maybe he gave from one kind on another but Rabban Simeon ben Gamliel worries thay maybe he inverted the order.

HALAKHAH: “ If he brought heave from his house one treats it as ṭevel and Great Heave, the words of Rebbi; Rabban Simeon ben Gamliel says, it is certainly heave. If he brought First Tithe from his house, one treats it as ṭevel and First Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate First Tithe. If he brought Second Tithe from his house, one treats it as ṭevel and Second Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate Second Tithe.” Rebbi Yose ben Rebbi Abun said, Rebbi worries that maybe he gave from one kind on another but Rabban Simeon ben Gamliel worries thay maybe he inverted the order.

HALAKHAH: “ If he brought heave from his house one treats it as ṭevel and Great Heave, the words of Rebbi; Rabban Simeon ben Gamliel says, it is certainly heave. If he brought First Tithe from his house, one treats it as ṭevel and First Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate First Tithe. If he brought Second Tithe from his house, one treats it as ṭevel and Second Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate Second Tithe.” Rebbi Yose ben Rebbi Abun said, Rebbi worries that maybe he gave from one kind on another but Rabban Simeon ben Gamliel worries thay maybe he inverted the order.

HALAKHAH: “ If he brought heave from his house one treats it as ṭevel and Great Heave, the words of Rebbi; Rabban Simeon ben Gamliel says, it is certainly heave. If he brought First Tithe from his house, one treats it as ṭevel and First Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate First Tithe. If he brought Second Tithe from his house, one treats it as ṭevel and Second Tithe, the words of Rebbi; Rabban Simeon ben Gamliel says, he needs only to separate Second Tithe.” Rebbi Yose ben Rebbi Abun said, Rebbi worries that maybe he gave from one kind on another but Rabban Simeon ben Gamliel worries thay maybe he inverted the order.

That is, if most of the heap was put in order. If most of the heap was not put in order, there is disagreement between Ḥizqiah and Rebbi Joḥanan. As Rebbi Simeon ben Laqish said in the name of Ḥizqiah, ṭevel becomes voided by plurality, but Rebbi Joḥanan said, ṭevel does not become voided by plurality. Since it was his intention to give, each single grain of wheat was labelled at its place. Some want to explain following Rebbi Eliezer ben Jacob, as Rebbi Eliezer ben Jacob stated, that he cannot separate either for itself or for another place. This parallels the following: If there were before him two heaps and from each of them he took part of heave or tithes, may he take heave or tithe from one for the other? The students of the elder Rebbi Ḥiyya asked the elder Rebbi Ḥiyya and he said to them (Eccl. 4:5): “The fool folds his hands and eats his own flesh.” Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: He may not give heave or tithe from one for the other.

That is, if most of the heap was put in order. If most of the heap was not put in order, there is disagreement between Ḥizqiah and Rebbi Joḥanan. As Rebbi Simeon ben Laqish said in the name of Ḥizqiah, ṭevel becomes voided by plurality, but Rebbi Joḥanan said, ṭevel does not become voided by plurality. Since it was his intention to give, each single grain of wheat was labelled at its place. Some want to explain following Rebbi Eliezer ben Jacob, as Rebbi Eliezer ben Jacob stated, that he cannot separate either for itself or for another place. This parallels the following: If there were before him two heaps and from each of them he took part of heave or tithes, may he take heave or tithe from one for the other? The students of the elder Rebbi Ḥiyya asked the elder Rebbi Ḥiyya and he said to them (Eccl. 4:5): “The fool folds his hands and eats his own flesh.” Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: He may not give heave or tithe from one for the other.

How far does a man free his ṭevel by the word of the Torah? Rebbi Jonathan instructed: One in a hundred like heave of the tithe. Rebbi Joḥanan asked him, from whom did you hear this? He said, from arguments of the colleagues I understood this, although Rebbi Yannai said, even one in a thousand. Rebbi Mana said, there is no measure since it is written (Deut. 18:4): “The first of your grain, cider, and oil;” any amount.

MISHNAH: If somebody said to his agent: go and give heave, he gives heave following the intentions of the owner. If [the agent] does not know the intentions of the owner, he gives average heave, one in fifty. If he diminished by ten or added ten, his heave is heave, but if he intended to exceed [the owner’s intention] by even one, his heave is not heave. If somebody increases heave, Rebbi Eliezer says, up to one tenth like the heave of the tithe. The excess he should make heave of the tithe but not for another place. Rebbi Ismael says, half profane and half heave. Rebbi Ṭarphon and Rebbi Aqiba say more, but he must retain some profane produce.

MISHNAH: If somebody said to his agent: go and give heave, he gives heave following the intentions of the owner. If [the agent] does not know the intentions of the owner, he gives average heave, one in fifty. If he diminished by ten or added ten, his heave is heave, but if he intended to exceed [the owner’s intention] by even one, his heave is not heave. If somebody increases heave, Rebbi Eliezer says, up to one tenth like the heave of the tithe. The excess he should make heave of the tithe but not for another place. Rebbi Ismael says, half profane and half heave. Rebbi Ṭarphon and Rebbi Aqiba say more, but he must retain some profane produce.

In the opinion of Rebbi Joḥanan, it is simple. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for tithes. Therefore, he must declare: “The excess he should make heave of the tithe for another place.” In the opinion of Ḥizqiah, it is difficult. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for everything. But we have stated: “The excess he should treat as heave of the tithe,” he should make it heave of the tithe for another place. Hizkiah holds with what Rebbi Ḥiyya stated, as Rebbi Ḥiyya stated: “The excess he should treat as heave of the tithe for another place.”

In the opinion of Rebbi Joḥanan, it is simple. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for tithes. Therefore, he must declare: “The excess he should make heave of the tithe for another place.” In the opinion of Ḥizqiah, it is difficult. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for everything. But we have stated: “The excess he should treat as heave of the tithe,” he should make it heave of the tithe for another place. Hizkiah holds with what Rebbi Ḥiyya stated, as Rebbi Ḥiyya stated: “The excess he should treat as heave of the tithe for another place.”

In the opinion of Rebbi Joḥanan, it is simple. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for tithes. Therefore, he must declare: “The excess he should make heave of the tithe for another place.” In the opinion of Ḥizqiah, it is difficult. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for everything. But we have stated: “The excess he should treat as heave of the tithe,” he should make it heave of the tithe for another place. Hizkiah holds with what Rebbi Ḥiyya stated, as Rebbi Ḥiyya stated: “The excess he should treat as heave of the tithe for another place.”

In the opinion of Rebbi Joḥanan, it is simple. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for tithes. Therefore, he must declare: “The excess he should make heave of the tithe for another place.” In the opinion of Ḥizqiah, it is difficult. One tenth in it is holy as heave, of the remainder one tenth is heave and the rest is ṭevel for everything. But we have stated: “The excess he should treat as heave of the tithe,” he should make it heave of the tithe for another place. Hizkiah holds with what Rebbi Ḥiyya stated, as Rebbi Ḥiyya stated: “The excess he should treat as heave of the tithe for another place.”

MISHNAH: One seah of impure heave that fell into less than 100 [seah] of profane produce, or First Tithe, or Second Tithe, or dedicated produce, be it pure or impure, must be left to rot. If that seah was pure, all should be sold to Cohanim for the price of terumah except for the value of that seah. If it fell into First Tithe, heave of the tithe must be given its name; if it fell into Second Tithe or dedicated produce, they should be redeemed. If it was impure and profane, it should be eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together. One seah of impure heave that fell into 100 [seah] of pure profane produce, Rebbi Eliezer says it should be lifted and burned since I am saying that the seah which fell is the seah which was lifted. But the Sages say, it should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,. One seah of pure heave that fell into 100 [seah] of impure profane produce should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,.

MISHNAH: One seah of impure heave that fell into less than 100 [seah] of profane produce, or First Tithe, or Second Tithe, or dedicated produce, be it pure or impure, must be left to rot. If that seah was pure, all should be sold to Cohanim for the price of terumah except for the value of that seah. If it fell into First Tithe, heave of the tithe must be given its name; if it fell into Second Tithe or dedicated produce, they should be redeemed. If it was impure and profane, it should be eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together. One seah of impure heave that fell into 100 [seah] of pure profane produce, Rebbi Eliezer says it should be lifted and burned since I am saying that the seah which fell is the seah which was lifted. But the Sages say, it should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,. One seah of pure heave that fell into 100 [seah] of impure profane produce should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,.

MISHNAH: One seah of impure heave that fell into less than 100 [seah] of profane produce, or First Tithe, or Second Tithe, or dedicated produce, be it pure or impure, must be left to rot. If that seah was pure, all should be sold to Cohanim for the price of terumah except for the value of that seah. If it fell into First Tithe, heave of the tithe must be given its name; if it fell into Second Tithe or dedicated produce, they should be redeemed. If it was impure and profane, it should be eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together. One seah of impure heave that fell into 100 [seah] of pure profane produce, Rebbi Eliezer says it should be lifted and burned since I am saying that the seah which fell is the seah which was lifted. But the Sages say, it should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,. One seah of pure heave that fell into 100 [seah] of impure profane produce should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,.

MISHNAH: One seah of impure heave that fell into less than 100 [seah] of profane produce, or First Tithe, or Second Tithe, or dedicated produce, be it pure or impure, must be left to rot. If that seah was pure, all should be sold to Cohanim for the price of terumah except for the value of that seah. If it fell into First Tithe, heave of the tithe must be given its name; if it fell into Second Tithe or dedicated produce, they should be redeemed. If it was impure and profane, it should be eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together. One seah of impure heave that fell into 100 [seah] of pure profane produce, Rebbi Eliezer says it should be lifted and burned since I am saying that the seah which fell is the seah which was lifted. But the Sages say, it should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,. One seah of pure heave that fell into 100 [seah] of impure profane produce should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,.

MISHNAH: One seah of impure heave that fell into less than 100 [seah] of profane produce, or First Tithe, or Second Tithe, or dedicated produce, be it pure or impure, must be left to rot. If that seah was pure, all should be sold to Cohanim for the price of terumah except for the value of that seah. If it fell into First Tithe, heave of the tithe must be given its name; if it fell into Second Tithe or dedicated produce, they should be redeemed. If it was impure and profane, it should be eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together. One seah of impure heave that fell into 100 [seah] of pure profane produce, Rebbi Eliezer says it should be lifted and burned since I am saying that the seah which fell is the seah which was lifted. But the Sages say, it should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,. One seah of pure heave that fell into 100 [seah] of impure profane produce should be taken out and eaten as crackers, or dry roasted, or kneaded with fruit juice, or split into pieces of dough so that no volume of an egg should be together,.

Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish follows Rebbi Eleazar ben Rebbi Simeon. Rebbi Abun bar Ḥiyya said, even if Rebbi Simeon ben Laqish would hold with Rebbi, but only for something he is obligated to give to a Cohen; but for something he is not obligated to give to a Cohen, even Rebbi will agree since that is a Mishnah: “If he separated the redemption of a first-born donkey and then it died, Rebbi Eliezer says one is responsible for alienation as for the five tetradrachmas of the [human] first-born; but the Sages say, he is not responsible for alienation, as for Second Tithe.” Rebbi Eliezer will agree about first-born donkeys he inherited from the estate of his maternal grandfather, a Cohen, that he sanctified it when he separated it.

MISHNAH: If one serves heave to his workers or his guests, he pays the principal and they pay the fifth, the word of Rebbi Meïr. But the Sages say, they pay principal and fifth and he pays them the price of their meal. He who steals heave but does not eat it pays double restitution for the value of heave. If he ate it, he pays twice the principal and a fifth. The principal and the fifth from profane food and a principal the value of heave. If he stole heave of the Sanctuary and ate it, he pays two fifths and the principal since double restitution does not apply to the Sanctuary. One does not pay with gleanings, forgotten sheaves, peah, and abandoned property, nor with First Tithe whose heave was taken, nor with Second Tithe, nor with dedicated food that was redeemed, for dedicated food cannot redeem dedicated food, the words of Rebbi Meïr. But the Sages permit the latter.

MISHNAH: If one serves heave to his workers or his guests, he pays the principal and they pay the fifth, the word of Rebbi Meïr. But the Sages say, they pay principal and fifth and he pays them the price of their meal. He who steals heave but does not eat it pays double restitution for the value of heave. If he ate it, he pays twice the principal and a fifth. The principal and the fifth from profane food and a principal the value of heave. If he stole heave of the Sanctuary and ate it, he pays two fifths and the principal since double restitution does not apply to the Sanctuary. One does not pay with gleanings, forgotten sheaves, peah, and abandoned property, nor with First Tithe whose heave was taken, nor with Second Tithe, nor with dedicated food that was redeemed, for dedicated food cannot redeem dedicated food, the words of Rebbi Meïr. But the Sages permit the latter.

MISHNAH: When they came to a woman who was eating heave and told her your husband died, or he divorced you; similarly a slave who was eating heave when they came and told him your master died, or he sold you to an Israel or gave you as a gift, or made you a free person; similarly a Cohen who was eating heave when it became known that he was the son of a divorcee or the son of a woman who had performed ḥaliẓah, Rebbi Eliezer obliges them to pay principal and fifth, but Rebbi Joshua frees them. If he was standing on top of the altar and sacrificing when it became known that he was the son of a divorcee or the son of a woman who had performed ḥaliẓah, Rebbi Eliezer says that all sacrifices he performed on the altar are invalid but Rebbi Joshua declares them valid. If it became known that he has a bodily defect, his work is invalid. All of these, if heave was in their mouths, Rebbi Eliezer says, they should swallow it, Rebbi Joshua says, they should spit it out. If they said to him, you and the heave have become impure, Rebbi Eliezer says, he should swallow it, Rebbi Joshua says, he should spit it out. You or the heave were impure, or if it became known that it was ṭevel, or First Tithe of which its heave had not been taken, or Second Tithe or dedicated [food] that had not been redeemed, or that he tasted the taste of a bed bug in his mouth, he has to spit it out.

MISHNAH: When they came to a woman who was eating heave and told her your husband died, or he divorced you; similarly a slave who was eating heave when they came and told him your master died, or he sold you to an Israel or gave you as a gift, or made you a free person; similarly a Cohen who was eating heave when it became known that he was the son of a divorcee or the son of a woman who had performed ḥaliẓah, Rebbi Eliezer obliges them to pay principal and fifth, but Rebbi Joshua frees them. If he was standing on top of the altar and sacrificing when it became known that he was the son of a divorcee or the son of a woman who had performed ḥaliẓah, Rebbi Eliezer says that all sacrifices he performed on the altar are invalid but Rebbi Joshua declares them valid. If it became known that he has a bodily defect, his work is invalid. All of these, if heave was in their mouths, Rebbi Eliezer says, they should swallow it, Rebbi Joshua says, they should spit it out. If they said to him, you and the heave have become impure, Rebbi Eliezer says, he should swallow it, Rebbi Joshua says, he should spit it out. You or the heave were impure, or if it became known that it was ṭevel, or First Tithe of which its heave had not been taken, or Second Tithe or dedicated [food] that had not been redeemed, or that he tasted the taste of a bed bug in his mouth, he has to spit it out.

Rebbi Joḥanan said, where do they disagree? Concerning slave and wife. But in the other cases, even Rebbi Eliezer agrees. Rebbi Samuel ben Rebbi Isaac said, the Mishnah says so: “or if it became known that it was ṭevel, or First Tithe of which its heave had not been taken, or Second Tithe or dedicated [food] that had not been redeemed,” and Rebbi Eliezer does not disagree.

Rebbi Joḥanan said, where do they disagree? Concerning slave and wife. But in the other cases, even Rebbi Eliezer agrees. Rebbi Samuel ben Rebbi Isaac said, the Mishnah says so: “or if it became known that it was ṭevel, or First Tithe of which its heave had not been taken, or Second Tithe or dedicated [food] that had not been redeemed,” and Rebbi Eliezer does not disagree.

MISHNAH: If somebody sows heave in error it should be ploughed under; if intentionally it must be kept. If it is one third ripe it must be kept, whether in error or intentionally. But flax must be ploughed under when [sown] intentionally. But it is subject to gleanings, forgotten sheaves, and peah. Israel poor and poor Cohanim collect; the Israel poor must sell to the Cohanim poor for the value of heave but the proceeds are theirs. Rebbi Ṭarphon says, only Cohanim poor may collect; maybe they would forget and put some in their mouths. Rebbi Aqiba said to him, if that is so, then only pure persons should collect. Also, it is subject to tithe and the tithe of the poor. Poor Israel and poor Cohanim may take; the poor Israel must sell to Cohanim for the value of heave but the proceeds are theirs. He who flails is praiseworthy; he who threshes, what shall he do? He hangs baskets over the neck of the animal and fills it from the same kind. In that way, he will not muzzle the animal or feed it heave.

MISHNAH: If somebody sows heave in error it should be ploughed under; if intentionally it must be kept. If it is one third ripe it must be kept, whether in error or intentionally. But flax must be ploughed under when [sown] intentionally. But it is subject to gleanings, forgotten sheaves, and peah. Israel poor and poor Cohanim collect; the Israel poor must sell to the Cohanim poor for the value of heave but the proceeds are theirs. Rebbi Ṭarphon says, only Cohanim poor may collect; maybe they would forget and put some in their mouths. Rebbi Aqiba said to him, if that is so, then only pure persons should collect. Also, it is subject to tithe and the tithe of the poor. Poor Israel and poor Cohanim may take; the poor Israel must sell to Cohanim for the value of heave but the proceeds are theirs. He who flails is praiseworthy; he who threshes, what shall he do? He hangs baskets over the neck of the animal and fills it from the same kind. In that way, he will not muzzle the animal or feed it heave.

So is the Mishnah: “It is subject to heaves, tithes, and the tithe of the poor.”

If he planted one pound of onions of First Tithe and it became ten pounds, these are subject to tithes. Its First Tithe is given for the heave of the tithe and for what he planted. If he planted one pound of onions of Second Tithe and it became ten pounds, these are subject to tithes and he still has to redeem the second tithe from what he planted.

If he planted one pound of onions of First Tithe and it became ten pounds, these are subject to tithes. Its First Tithe is given for the heave of the tithe and for what he planted. If he planted one pound of onions of Second Tithe and it became ten pounds, these are subject to tithes and he still has to redeem the second tithe from what he planted.

If he planted one pound of onions of First Tithe and it became ten pounds, these are subject to tithes. Its First Tithe is given for the heave of the tithe and for what he planted. If he planted one pound of onions of Second Tithe and it became ten pounds, these are subject to tithes and he still has to redeem the second tithe from what he planted.

If he planted one pound of onions of First Tithe and it became ten pounds, these are subject to tithes. Its First Tithe is given for the heave of the tithe and for what he planted. If he planted one pound of onions of Second Tithe and it became ten pounds, these are subject to tithes and he still has to redeem the second tithe from what he planted.

If he planted one pound of onions of First Tithe and it became ten pounds, these are subject to tithes. Its First Tithe is given for the heave of the tithe and for what he planted. If he planted one pound of onions of Second Tithe and it became ten pounds, these are subject to tithes and he still has to redeem the second tithe from what he planted.

MISHNAH: The growth from heave is heave; the growth from their growth is profane. But the growths from ṭevel, First Tithe, aftergrowth of the Sabbatical, heave from outside the Land, demaʻ, and First Fruits are profane. Growths from dedicated [seeds] and Second Tithe are profane; one redeems them corresponding to the time of sowing. One hundred lagenae of heave and one profane are all permitted for produce whose seeds desappear; but for produce whose seeds do not disappear, even if there are one hundred profane and one of heave they all are forbidden. Growth from ṭevel is permitted for anything whose seeds disappear, but if the seeds do not disappear even the growth from the growth is forbidden. What is one whose seeds do not disappear? For example arum, garlic, and onions. Rebbi Jehudah says, garlic is like barley.

MISHNAH: The growth from heave is heave; the growth from their growth is profane. But the growths from ṭevel, First Tithe, aftergrowth of the Sabbatical, heave from outside the Land, demaʻ, and First Fruits are profane. Growths from dedicated [seeds] and Second Tithe are profane; one redeems them corresponding to the time of sowing. One hundred lagenae of heave and one profane are all permitted for produce whose seeds desappear; but for produce whose seeds do not disappear, even if there are one hundred profane and one of heave they all are forbidden. Growth from ṭevel is permitted for anything whose seeds disappear, but if the seeds do not disappear even the growth from the growth is forbidden. What is one whose seeds do not disappear? For example arum, garlic, and onions. Rebbi Jehudah says, garlic is like barley.

HALAKHAH: We have stated on this: When has this been said? Anything whose seeds disappear. But in produce whose seeds do not disappear, the growth from their growth is forbidden. But ṭevel is mostly profane, First Tithe is mostly profane, aftergrowth of the Sabbatical is infrequent, heave from outside the Land is infrequent, most of dema‘ is profane, First Fruits are infrequent.

“Growths from dedicated [seeds] and Second Tithe are profane; one redeems them corresponding to the time he sowed.” Rebbi Abbahu in the name of Rebbi Joḥanan: He redeems the entire storage for the value of that seah. The difference between dedicated [produce] and Second Tithe: Second Tithe, whether produce whose seeds disappear or whose seeds do not disappear, is redeemed by the wholesale price; only that produce whose seeds disappear is redeemed by current prices, produce whose seeds do not disappear is redeemed following the early price. Dedicated [produce], whether produce whose seeds disappear or whose seeds do not disappear, is treated in its place and time; only that one redeems the entire storage of produce whose seeds disappear for the value of that seah, but for produce whose seeds do not disappear he has to redeem the [contents of] the entire storage.

“Growths from dedicated [seeds] and Second Tithe are profane; one redeems them corresponding to the time he sowed.” Rebbi Abbahu in the name of Rebbi Joḥanan: He redeems the entire storage for the value of that seah. The difference between dedicated [produce] and Second Tithe: Second Tithe, whether produce whose seeds disappear or whose seeds do not disappear, is redeemed by the wholesale price; only that produce whose seeds disappear is redeemed by current prices, produce whose seeds do not disappear is redeemed following the early price. Dedicated [produce], whether produce whose seeds disappear or whose seeds do not disappear, is treated in its place and time; only that one redeems the entire storage of produce whose seeds disappear for the value of that seah, but for produce whose seeds do not disappear he has to redeem the [contents of] the entire storage.

“Growths from dedicated [seeds] and Second Tithe are profane; one redeems them corresponding to the time he sowed.” Rebbi Abbahu in the name of Rebbi Joḥanan: He redeems the entire storage for the value of that seah. The difference between dedicated [produce] and Second Tithe: Second Tithe, whether produce whose seeds disappear or whose seeds do not disappear, is redeemed by the wholesale price; only that produce whose seeds disappear is redeemed by current prices, produce whose seeds do not disappear is redeemed following the early price. Dedicated [produce], whether produce whose seeds disappear or whose seeds do not disappear, is treated in its place and time; only that one redeems the entire storage of produce whose seeds disappear for the value of that seah, but for produce whose seeds do not disappear he has to redeem the [contents of] the entire storage.

There, we have stated: “If fish improved in value when cooked with leeks of second tithe, the increase is proportional.” Rebbi Hoshaia said, that Mishnah does not follow Rebbi Jehudah, since we have stated: “Rebbi Jehudah permits in anchovies where it only serves to remove pollutants.”

MISHNAH: Fenugreek that fell into a water cistern, for heave and second tithe if the seeds are enough to impart taste, disregarding the wood. But for the Sabbatical, kilaim in a vineyard, and dedicated seeds, if seeds and wood together impart taste. If somebody had bundles of fenugreek of kilaim from a vineyard, they should be burned. If he had bundles of fenugreek from ṭevel, he pounds them and computes how much seed this contains and separates the seeds but not the wood. If he separated, he should not say I shall pound, take the wood, and give the seeds but he gives seeds with the wood.

MISHNAH: One does not make honey from dates, or wine from apples, or vinegar from winter grapes, nor does one change any fruit of heave or second tithe from the way it grew except olives and grapes. Nobody endures the forty because of ‘orlah, except for produce of olives and grapes; one does not bring First Fruits as drinks except for products from olives and grapes. Nothing makes impure as a drink except what comes from olives and grapes. Nothing is presented on the altar except what comes from olives and grapes. The stalks of fresh figs, dried figs, kelisin, and carobs are forbidden to laymen.

MISHNAH: The seeds of heave, as long as they are collected, are forbidden but if they are thrown away they are permitted. And so bones of sacrifices, as long as they are collected, are forbidden but if they are thrown away they are permitted. Coarse bran is permitted; fine bran of new grain is forbidden, of old it is permitted. One treats heave as one treats profane food. If one makes fine flour, one or two qab from a seah, he should not throw away the remainder but put it down in a hidden place. If someone removed heave wheat from a chest, one does not oblige him to sit down and pick out the last grains but he sweeps it as usual and then fills it with profane grain. Similarly, if someone empties an amphora of oil, one does not oblige him to sit down and clean it with his fingers but he treats it as he treats profane vessels. If one pours from pitcher to pitcher one lets drip three drops and then may fill it with profane [wine]. If he turned it and it accumulated, that is heave. How much should heave of the tithe of demay be that he is required to deliver it to a Cohen? An eighth of an eighth.

There, we have stated: “The center parts of water melon and what is cleaned from vegetables of heave, Rebbi Dosa permits to laymen but the Sages forbid.” Rebbi Abbahu in the name of Rebbi Joḥanan: They taught that only for what is cleaned from vegetables of gardeners. But for what is cleaned from vegetables of private people, even the rabbis will agree. Rebbi Abun asked: Is it not reasonable that this refers only to the Great Heave, but for heave of the tithe torn-off leaves do not count for leaves, neither do torn-off stems for stems?

“ Yeast of heave, the first and second are forbidden, the third is permitted. When has this been said? If he added water. But if he did not add water, even the third is forbidden Yeast of second tithe, the first is forbidden but the second permitted. Rebbi Meïr said, the second by imparting taste.” Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, the consecrated is like the accumulated.

HALAKHAH: “They declared a principle for tithes, etc.” It is written (Deut. 14:22): “You should certainly tithe all produce of your seed.” I would say, everything is subject to tithes. The verse says, “all produce of your seed,” this includes. Does it include garden seeds that are not eaten? It is written: “produce of your seed,” and it is written: “which your field produces every year.” How is that? Take from among them anything that is food and is guarded.

Some want to understand it from the following: (Deut. 14:22): “You should certainly tithe,” a general statement. “All grain of your seed,” a detail. For every general statement followed by a detail, the general statement only implies the detail. That means, only grain. From where legumes? The verse says (Lev. 27:30): “All tithe from the earth, from seeds of the earth, from the fruit of the tree, belongs to the Eternal.” This includes seeds of garlic, cress and rocket. I might think to add the upper part of arum and the seeds of vetch, the seeds of onions, the seeds of turnips and radishes, and all other garden seeds that are not eaten; the verse says, “from seeds of the earth,” and not all seeds of the earth. (Lev. 27:30) “From fruits of trees,” to include all fruits of trees. I might think to add acacia and ṣalmona pods, and carobs from dry land; the verse says, “from fruits of trees,” not all fruits of trees.

Some want to understand it from the following: (Deut. 14:22): “You should certainly tithe,” a general statement. “All grain of your seed,” a detail. For every general statement followed by a detail, the general statement only implies the detail. That means, only grain. From where legumes? The verse says (Lev. 27:30): “All tithe from the earth, from seeds of the earth, from the fruit of the tree, belongs to the Eternal.” This includes seeds of garlic, cress and rocket. I might think to add the upper part of arum and the seeds of vetch, the seeds of onions, the seeds of turnips and radishes, and all other garden seeds that are not eaten; the verse says, “from seeds of the earth,” and not all seeds of the earth. (Lev. 27:30) “From fruits of trees,” to include all fruits of trees. I might think to add acacia and ṣalmona pods, and carobs from dry land; the verse says, “from fruits of trees,” not all fruits of trees.

Rebbi Ḥiyya bar Ada asked before Rebbi Joḥanan: Are truffles and mushrooms obligated for tithes? Rebbi Joḥanan said to him in the name of Rebbi Simai, it is written (Deut. 14:22): “You should certainly tithe all produce of your seed.” Anything which is sown and grows. This excludes truffles and mushrooms which grow but are not sown. Rebbi Jonah offers the language: Because the earth extrudes them.

New section. “All red fruits when they start to become red.” Miasha stated: Even if only one pomegranate was soft, all is connected for tithe. “A bunch of grapes one berry of which became red is all connected for tithes.” Rebbi Ḥanina said, they made it clear to us, [this refers to] the entire vine, even to the entire strain. They added and made it clear, all this direction. Rebbi Yose ben Rebbi Abun said, the entire vineyard. If it was a small vineyard and he made it large, large and he made it small, one and he split in into two, two which he united?

Rebbi Zeïra said: It is written (Deut 14:22): “You shall certainly tithe all your seed-yield.” Anything which will grow when sown; this excludes seeds less than one-third ripe which will not grow when sown. Rebbi Ḥinena in the name of Rebbi: The fluids from grapes or olives which are not one-third ripe will not prepare [for impurity].

Our Mishnah [deals with] the case that most people bring to their houses but in case most people bring directly to market one has to put in order only as demay. If we were dealing with the case that most people bring to their houses, is that not what we have stated: “ ‘Take some figs and bring them home,’ one should not eat them as a snack?” Since he said, “take some figs and bring them home,” it is as if he said, “take, I am taking care of the tithes for you.” But if most people bring directly to market he is not trusted if he says to somebody, I did tithe, nor is he trusted if he says to him, I am bringing mine to my house.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

Rebbi Yose in the name of Rebbi Sheshet, Rebbi Eleazar in the name of Rebbi Yose in the name of Rebbi Abin: If somebody says to another I shall tithe for you, he does not have to be with him. There, we have stated: “If he put it in a tree, higher than ten hand-breadths it is not an eruv, lower than ten hand-breadths it is an eruv.” Rebbi Eleazar said, he has to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Ḥananiah said in the name of Rebbi Ḥanina, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, make an eruv for me! But here, he says I shall tithe for you. This learns from that and that learns from this. This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.

Rebbi Yose in the name of Rebbi Sheshet, Rebbi Eleazar in the name of Rebbi Yose in the name of Rebbi Abin: If somebody says to another I shall tithe for you, he does not have to be with him. There, we have stated: “If he put it in a tree, higher than ten hand-breadths it is not an eruv, lower than ten hand-breadths it is an eruv.” Rebbi Eleazar said, he has to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Ḥananiah said in the name of Rebbi Ḥanina, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, make an eruv for me! But here, he says I shall tithe for you. This learns from that and that learns from this. This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.

Rebbi Yose in the name of Rebbi Sheshet, Rebbi Eleazar in the name of Rebbi Yose in the name of Rebbi Abin: If somebody says to another I shall tithe for you, he does not have to be with him. There, we have stated: “If he put it in a tree, higher than ten hand-breadths it is not an eruv, lower than ten hand-breadths it is an eruv.” Rebbi Eleazar said, he has to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Ḥananiah said in the name of Rebbi Ḥanina, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, make an eruv for me! But here, he says I shall tithe for you. This learns from that and that learns from this. This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.

It was stated: “It happened that Rebbi Joshua went to Rabban Joḥanan ben Zakkai in Bene Ḥayil, and some local people brought them fruits. Rebbi Joshua said to them, if we stay overnight, we are obligated to tithe; otherwise, we are not obligated to tithe.” Rebbi Zeїra said, Rebbi Joshua insists on cleanliness. Rebbi Mana said to him, are all others insane? But Rebbi Joshua, who frequently was attended to, says that staying overnight induces ṭevel. For all others, who are not frequently attended to, staying overnight does not induce ṭevel. But did we not state: “Peddlers who make the tour of villages may eat until they come to the place where they will stay for the night.” Where is their overnight stay? In their house! Rebbi Simeon ben Laqish in the name of Rebbi Ḥanina: Like those of Kefar Ḥanina who go out, trade in four or five villages, return, and sleep in their houses.

It was stated: “It happened that Rebbi Joshua went to Rabban Joḥanan ben Zakkai in Bene Ḥayil, and some local people brought them fruits. Rebbi Joshua said to them, if we stay overnight, we are obligated to tithe; otherwise, we are not obligated to tithe.” Rebbi Zeїra said, Rebbi Joshua insists on cleanliness. Rebbi Mana said to him, are all others insane? But Rebbi Joshua, who frequently was attended to, says that staying overnight induces ṭevel. For all others, who are not frequently attended to, staying overnight does not induce ṭevel. But did we not state: “Peddlers who make the tour of villages may eat until they come to the place where they will stay for the night.” Where is their overnight stay? In their house! Rebbi Simeon ben Laqish in the name of Rebbi Ḥanina: Like those of Kefar Ḥanina who go out, trade in four or five villages, return, and sleep in their houses.

Can First Tithe induce ṭevel? Where do we hold? If about a grain heap that was smoothed, everybody holds that it is forbidden. If First Tithe was given from ears, everybody agrees that it is permitted. But we deal with dates intended for pressing, large figs intended for pounding, of which he gave the Great Heave and then changed his mind to store them as they were. Then he transgressed and gave First Tithe. If you say that ṭevel was created retroactively, the heave induces ṭevel. If you say that ṭevel is created from there onwards, the First Tithe induces ṭevel.

Can First Tithe induce ṭevel? Where do we hold? If about a grain heap that was smoothed, everybody holds that it is forbidden. If First Tithe was given from ears, everybody agrees that it is permitted. But we deal with dates intended for pressing, large figs intended for pounding, of which he gave the Great Heave and then changed his mind to store them as they were. Then he transgressed and gave First Tithe. If you say that ṭevel was created retroactively, the heave induces ṭevel. If you say that ṭevel is created from there onwards, the First Tithe induces ṭevel.

Can First Tithe induce ṭevel? Where do we hold? If about a grain heap that was smoothed, everybody holds that it is forbidden. If First Tithe was given from ears, everybody agrees that it is permitted. But we deal with dates intended for pressing, large figs intended for pounding, of which he gave the Great Heave and then changed his mind to store them as they were. Then he transgressed and gave First Tithe. If you say that ṭevel was created retroactively, the heave induces ṭevel. If you say that ṭevel is created from there onwards, the First Tithe induces ṭevel.

Can First Tithe induce ṭevel? Where do we hold? If about a grain heap that was smoothed, everybody holds that it is forbidden. If First Tithe was given from ears, everybody agrees that it is permitted. But we deal with dates intended for pressing, large figs intended for pounding, of which he gave the Great Heave and then changed his mind to store them as they were. Then he transgressed and gave First Tithe. If you say that ṭevel was created retroactively, the heave induces ṭevel. If you say that ṭevel is created from there onwards, the First Tithe induces ṭevel.

“ If somebody buys dates to press them, dried figs to pound them, he may not eat a snack from them and must tithe as demay, the words of Rebbi Meїr. But the Sages say, he may eat a snack from them and must give tithes as certain, the words of Rebbi Yose.” Rebbi Hilai, Rebbi Lazar in the name of Hilfai; Rebbi Jonah said, it was found on the writing tablet of Hilfai: He may eat a snack from them and gives tithes as certain. This is difficult! If he may eat a snack from them, he should give certain tithes. If he tithes as demay, he should be forbidden to eat them as a snack! Rebbi Yose in the name of Rebbi Hila: He may eat them as snack because their processing is not finished; he gives certain tithes since he [the seller] knows that his house induces ṭevel, he will separate heave from the start.

Rebbi Eleazar said, the Mishnah deals with any harvesting-basket. “Rebbi Simeon permits by a reasoning a fortiori: Since you say it is permitted if it carries the potential obligation of three tithes, so much more if it carries only the potential obligation of two tithes.” Does the First Tithe create ṭevel for the Second? Since you say it is permitted if it carries the potential obligation of two tithes, so much more if it carries only the potential obligation of one tithe.

Rebbi Eleazar said, the Mishnah deals with any harvesting-basket. “Rebbi Simeon permits by a reasoning a fortiori: Since you say it is permitted if it carries the potential obligation of three tithes, so much more if it carries only the potential obligation of two tithes.” Does the First Tithe create ṭevel for the Second? Since you say it is permitted if it carries the potential obligation of two tithes, so much more if it carries only the potential obligation of one tithe.

Rebbi Ulla ben Rebbi Ismael in the name of Rebbi Eleazar: Rebbi and Rebbi Yose ben Rebbi Jehudah brought the harvesting basket over the back of the roofs. Rebbi Jehudah ben Rebbi Ilaї saw them and said, look what the difference is between you and the earlier generations. Rebbi Aqiba bought three different kinds for a peruṭah in order to tithe every kind separately but you bring the harvesting basket over the back of the roofs! Why over the back of the roofs, even if he brings them into his courtyard with the intention to eat them on the roof! Is that not the opinion of Rebbi Yose ben Rebbi Jehudah? Because of Rebbi who was with him. An old man saw them and said to them, would you give me some of these? They said, yes. He said to them, you did not give to your father in Heaven, only to me!