tithe

‘If he found a harvesting basket in a place where most people bring to market, it is forbidden to eat a snack from them and he must put it in order as demay. In a place where most people bring to their houses, it is permitted to eat a snack from them and he must put it in order as certain. Half and half, he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Rebbi Jonah asked, does demay create ṭevel for certain? If you would say so, does he not invert the order? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, he must spell out a condition and say: “If this is from those who bring to market, what I did is valid, otherwise, I did not do anything,” so that heave of the tithe should not contain ṭevel of the Great Heave. ‘Half and half on the field he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Should one not be afraid that it was from those who bring to their houses and its Great Heave would contain ṭevel of heave of the tithe? Rebbi Mattaniah said, if he gives a name to his tithes.

‘If he found a harvesting basket in a place where most people bring to market, it is forbidden to eat a snack from them and he must put it in order as demay. In a place where most people bring to their houses, it is permitted to eat a snack from them and he must put it in order as certain. Half and half, he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Rebbi Jonah asked, does demay create ṭevel for certain? If you would say so, does he not invert the order? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, he must spell out a condition and say: “If this is from those who bring to market, what I did is valid, otherwise, I did not do anything,” so that heave of the tithe should not contain ṭevel of the Great Heave. ‘Half and half on the field he puts in order as demay but if he brings it to his house he must put it in order as certain.’ Should one not be afraid that it was from those who bring to their houses and its Great Heave would contain ṭevel of heave of the tithe? Rebbi Mattaniah said, if he gives a name to his tithes.

So far something that has no threshing floor; but of produce from the threshing floor one separates heave of the tithe but does not need to give Great Heave as it was stated: “ If he found cleaned grain on the field, in a heap it is forbidden because of robbery, dispersed it is permitted because of robbery. In any case it is subject to tithes but free from Great Heave because no threshing floor is cleared unless Great Heave was taken.”

MISHNAH: If children hid figs for the Sabbath and he forgot to tithe them they may not be eaten after the Sabbath until they are tithed. A Sabbath basket the House of Shammai free but the House of Hillel obligate. Rebbi Jehudah says, also one who fills a harvesting basket to send to a friend may not eat from it unless he tithed. He who takes olives from the vat may dip them singly into salt and eat them, but if he salted them as a dish he is obligated. Rebbi Eliezer says, from a pure vat he is obligated but from an impure one he is free because he might put the leftovers back [into the vat]. One may drink from the winepress both warm or cold and is free, the words of Rebbi Meïr. Rebbi Eleazar ben Rebbi Ẓadoq declares him obligated. But the Sages say, for warm drink he is obligated, cold he is free.

HALAKHAH: Rav Hamnuna said, if a child covered a harvesting basket for transport to the market, it became ṭevel; in any situation in which the intent of an adult has an effect, the action of a minor has an effect. Rebbi Zeïra asked: Since the intent of an adult does not have an effect until he opens on the market, the action of a minor should not have an effect until he opens on the market! The Mishnah disagrees with Rav Hamnuna: “If children hid figs for the Sabbath and he forgot to tithe them they may not be eaten after the Sabbath until they are tithed.” Rebbi Zeïra in the name of Rav Hamnuna: Explain if it they collected close to sundown when their action was proof of their intent!

HALAKHAH: Ḥizqiah said, if he collected two or three modii from it, it comes under the category of vegetable. Also for seeds it is so: If he withheld from it two or three morbiot, it comes under the category of seeds. If one sowed it for seeds it is tithed for the past; if he sowed it as vegetable it is tithed for the future. If he sowed it for both seeds and vegetable, or if he sowed for seeds and then wanted it as vegetable, one may tithe from its seed on vegetable and from vegetable on seeds, on condition that it was collected before the New Year; but if some of it was collected after the New Year, its seed is tithed for the past and its vegetable is tithed at the moment of its being harvested if it was one-third ripe before the New Year. But if it was only ripe one-third after the New Year, both seed and vegetable are tithed for the future.

“If somebody collected in order to send to a friend, it is free.” Rav said, he is forbidden to eat. Rebbi Shammai said before Rebbi Yose in the name of Rav Aḥa: Rav said this in case he brought it into a secure courtyard, following Rebbi Meїr. Rebbi Mana said, our Mishnah implies this: “If somebody bought standing produce, it is free.” Therefore, after it was cut it is obligated. Who is the person who holds that a sale induces ṭevel for produce not fully processed? Is this not Rebbi Meїr? Rebbi Ḥiyya in the name of Rebbi Joḥanan, it is from Rebbi Jehudah. It was stated so: “Rebbi Jehudah says in the name of Rebbi Eleazar ben Azariah, also he who sends to his friend olives from the press, young plants, and bundles of fenugreek, should not eat before he tithed since people usually send these things to their friends as ṭevel.” Rebbi Simeon ben Laqish said, even if a Fellow sent to a Fellow, he has to tithe. The colleagues asked, we can understand a vulgar who is suspect; is a Fellow suspect? Rebbi Yose said, is the vulgar not like a Fellow in matters of heave? It really is so: People usually send these things as ṭevel to their friends.

According to Rebbi Simeon ben Laqish who said, ṭevel becomes voided by plurality, it is intelligible. According to Rebbi Joḥanan who said, ṭevel does not become voided by plurality, he should wait until it is fully grown and tithe for everything. Or might we say that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree about ṭevel which has this status by a word of the Torah but for ṭevel which has this status by their word everybody agrees that ṭevel becomes voided by plurality. Rebbi Abba bar Cohen objected: Did we not state: “Similarly, olives for pressing which were mixed with picked olives, harvest grapes with grapes of gleanings”? Is that not ṭevel by their words? Rebbi Mana said, I upheld this: Oil from olives for pressing which was mixed with oil from picked olives.

MISHNAH: A person should not sell his produce after it reached the period of tithing to anybody not trustworthy in matters of tithe, or in the Sabbatical year to anybody suspect in matters of the Sabbatical. If some were ripened early he takes the early ripe fruit and sells the remainder. A person should not sell his chaff or his oil cakes or his grape husks to somebody not trustworthy in matters of tithe if the latter wants to extract fluids from it. If he extracted, he is obligated for tithes but free from heave since everybody giving heave also thinks of broken grain, what is left on the sides, and what remains in the chaff. If somebody bought a vegetable field in Syria before it reached the time of tithes he is obligated, after it reached the time of tithes he is free and he can harvest continuously. Rebbi Jehudah says, he may even hire workers and harvest. Rabban Simeon ben Gamliel said, where has this been said? When he bought the field. But if he did not buy the field he is free even after it reached the time of tithes. Rebbi said, all according to computation.

MISHNAH: A person should not sell his produce after it reached the period of tithing to anybody not trustworthy in matters of tithe, or in the Sabbatical year to anybody suspect in matters of the Sabbatical. If some were ripened early he takes the early ripe fruit and sells the remainder. A person should not sell his chaff or his oil cakes or his grape husks to somebody not trustworthy in matters of tithe if the latter wants to extract fluids from it. If he extracted, he is obligated for tithes but free from heave since everybody giving heave also thinks of broken grain, what is left on the sides, and what remains in the chaff. If somebody bought a vegetable field in Syria before it reached the time of tithes he is obligated, after it reached the time of tithes he is free and he can harvest continuously. Rebbi Jehudah says, he may even hire workers and harvest. Rabban Simeon ben Gamliel said, where has this been said? When he bought the field. But if he did not buy the field he is free even after it reached the time of tithes. Rebbi said, all according to computation.

HALAKHAH: So is the Mishnah: A person should not sell his field. Rebbi Simeon permits since he may say to him, I sold mine, go and demand what is yours. If he transgressed and sold, he tithes what he eats but he does not have to tithe for what he sold since we are not responsible for the dishonest.

It was stated: He should not give heave. If he transgressed and gave heave, Rebbi Berekhia said, he is empowered. Rebbi Mana said, he is not empowered; that heave he gave creates ṭevel for tithe.

HALAKHAH: Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. There, we have stated: “After-wine before it fermented cannot be bought with money of [Second] Tithe or make a miqweh invalid; after it fermented it may be bought with money of [Second] Tithe and does not make a miqweh invalid.” That Mishnah is Rebbi Jehudah’s since we stated: “He who makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with money of [Second] Tithe.

HALAKHAH: Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. There, we have stated: “After-wine before it fermented cannot be bought with money of [Second] Tithe or make a miqweh invalid; after it fermented it may be bought with money of [Second] Tithe and does not make a miqweh invalid.” That Mishnah is Rebbi Jehudah’s since we stated: “He who makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with money of [Second] Tithe.

HALAKHAH: Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. There, we have stated: “After-wine before it fermented cannot be bought with money of [Second] Tithe or make a miqweh invalid; after it fermented it may be bought with money of [Second] Tithe and does not make a miqweh invalid.” That Mishnah is Rebbi Jehudah’s since we stated: “He who makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with money of [Second] Tithe.

MISHNAH: One does not sell Second Tithe, one does not take it as a pledge, one does not barter it, and one does not weigh corresponding to it. One should not say to his neighbor in Jerusalem, here you have wine, give me its value in oil, but they may give free gifts to one another. One may not sell animal tithe unblemished alive, or blemished alive or slaughtered, and one may not use it for preliminarily marrying a woman. One may sell a firstling unblemished alive, blemished alive or slaughtered, and one may use it for preliminarily marrying a woman. One does not exchange Second Tithe by a blank, or by a coin not in circulation, or on money not in his possession.

MISHNAH: One does not sell Second Tithe, one does not take it as a pledge, one does not barter it, and one does not weigh corresponding to it. One should not say to his neighbor in Jerusalem, here you have wine, give me its value in oil, but they may give free gifts to one another. One may not sell animal tithe unblemished alive, or blemished alive or slaughtered, and one may not use it for preliminarily marrying a woman. One may sell a firstling unblemished alive, blemished alive or slaughtered, and one may use it for preliminarily marrying a woman. One does not exchange Second Tithe by a blank, or by a coin not in circulation, or on money not in his possession.

MISHNAH: One does not sell Second Tithe, one does not take it as a pledge, one does not barter it, and one does not weigh corresponding to it. One should not say to his neighbor in Jerusalem, here you have wine, give me its value in oil, but they may give free gifts to one another. One may not sell animal tithe unblemished alive, or blemished alive or slaughtered, and one may not use it for preliminarily marrying a woman. One may sell a firstling unblemished alive, blemished alive or slaughtered, and one may use it for preliminarily marrying a woman. One does not exchange Second Tithe by a blank, or by a coin not in circulation, or on money not in his possession.

HALAKHAH: “One does not sell Second Tithe.” One does not sell it because holiness is written for it. One does not use it as a pledge because blessing is written about it. “ How may one not sell it? A person should not say to his neighbor, here you have this mina’s worth of Second Tithe, give me 50 zuz profane for it.”

HALAKHAH: “One does not sell Second Tithe.” One does not sell it because holiness is written for it. One does not use it as a pledge because blessing is written about it. “ How may one not sell it? A person should not say to his neighbor, here you have this mina’s worth of Second Tithe, give me 50 zuz profane for it.”

Who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell heave which is forbidden to lay people, since Second Tithe is permitted to lay people, one should certainly be permitted to sell it. No, if you assert this for heave which does not need an enclosure, what can you imply for Second Tithe which needs an enclosure? First Fruits shall prove it which need an enclosure and one may sell them! No, if you assert this for First Fruits which do not implicate their monetary substitute, what can you imply for Second Heave which implicates its monetary substitute! The Sabbatical shall prove it which implicates its monetary substitute and it is permitted to sell it! Rebbi Yudan said, from this? The sale of Sabbatical produce is its redemption.

Who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell heave which is forbidden to lay people, since Second Tithe is permitted to lay people, one should certainly be permitted to sell it. No, if you assert this for heave which does not need an enclosure, what can you imply for Second Tithe which needs an enclosure? First Fruits shall prove it which need an enclosure and one may sell them! No, if you assert this for First Fruits which do not implicate their monetary substitute, what can you imply for Second Heave which implicates its monetary substitute! The Sabbatical shall prove it which implicates its monetary substitute and it is permitted to sell it! Rebbi Yudan said, from this? The sale of Sabbatical produce is its redemption.

Rebbi Jeremiah said, who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell Sabbatical produce with which one may not liquidate one’s debts, it is logical that it should be permitted to sell Second Tithe since with it one may liquidate one’s debts. We find that one may liquidate one’s debts with Second Tithe, following what we stated: “If he took from him tithe worth one tetradrachma and did not come to exchange it until it was worth two.” Rebbi Yose said, there is a difference since from the start the value of Second Tithe was due. If he had owed before, it would be an argument. Rebbi Yudan said, a Mishnah said that it is forbidden to sell it, as we stated there: “If intentional, he married, if in error, he did not marry.” If you say that he may sell it, he should be able to use it for marriage but anything he may not sell he may not use for marriage. But did we not state: “One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth.” Rebbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. Otherwise, what is the difference between one who acquires a wife and one who acquires a slave girl? Rebbi Yose in the name of Rebbi Zeïra, Rebbi Yudan in the name of Rebbi Ila, everybody agrees because of these arguments. Rebbi Yose in the name of Rebbi Aḥa, everybody agrees that all should need the enclosures.

Rebbi Jeremiah said, who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell Sabbatical produce with which one may not liquidate one’s debts, it is logical that it should be permitted to sell Second Tithe since with it one may liquidate one’s debts. We find that one may liquidate one’s debts with Second Tithe, following what we stated: “If he took from him tithe worth one tetradrachma and did not come to exchange it until it was worth two.” Rebbi Yose said, there is a difference since from the start the value of Second Tithe was due. If he had owed before, it would be an argument. Rebbi Yudan said, a Mishnah said that it is forbidden to sell it, as we stated there: “If intentional, he married, if in error, he did not marry.” If you say that he may sell it, he should be able to use it for marriage but anything he may not sell he may not use for marriage. But did we not state: “One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth.” Rebbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. Otherwise, what is the difference between one who acquires a wife and one who acquires a slave girl? Rebbi Yose in the name of Rebbi Zeïra, Rebbi Yudan in the name of Rebbi Ila, everybody agrees because of these arguments. Rebbi Yose in the name of Rebbi Aḥa, everybody agrees that all should need the enclosures.

Rebbi Jeremiah said, who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell Sabbatical produce with which one may not liquidate one’s debts, it is logical that it should be permitted to sell Second Tithe since with it one may liquidate one’s debts. We find that one may liquidate one’s debts with Second Tithe, following what we stated: “If he took from him tithe worth one tetradrachma and did not come to exchange it until it was worth two.” Rebbi Yose said, there is a difference since from the start the value of Second Tithe was due. If he had owed before, it would be an argument. Rebbi Yudan said, a Mishnah said that it is forbidden to sell it, as we stated there: “If intentional, he married, if in error, he did not marry.” If you say that he may sell it, he should be able to use it for marriage but anything he may not sell he may not use for marriage. But did we not state: “One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth.” Rebbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. Otherwise, what is the difference between one who acquires a wife and one who acquires a slave girl? Rebbi Yose in the name of Rebbi Zeïra, Rebbi Yudan in the name of Rebbi Ila, everybody agrees because of these arguments. Rebbi Yose in the name of Rebbi Aḥa, everybody agrees that all should need the enclosures.

Rebbi Jeremiah said, who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell Sabbatical produce with which one may not liquidate one’s debts, it is logical that it should be permitted to sell Second Tithe since with it one may liquidate one’s debts. We find that one may liquidate one’s debts with Second Tithe, following what we stated: “If he took from him tithe worth one tetradrachma and did not come to exchange it until it was worth two.” Rebbi Yose said, there is a difference since from the start the value of Second Tithe was due. If he had owed before, it would be an argument. Rebbi Yudan said, a Mishnah said that it is forbidden to sell it, as we stated there: “If intentional, he married, if in error, he did not marry.” If you say that he may sell it, he should be able to use it for marriage but anything he may not sell he may not use for marriage. But did we not state: “One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth.” Rebbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. Otherwise, what is the difference between one who acquires a wife and one who acquires a slave girl? Rebbi Yose in the name of Rebbi Zeïra, Rebbi Yudan in the name of Rebbi Ila, everybody agrees because of these arguments. Rebbi Yose in the name of Rebbi Aḥa, everybody agrees that all should need the enclosures.

“ How does one not take it as a pledge? He who enters another’s house to take a pledge should not take his debtor’s Second Tithe as pledge.” It was stated: “One does not give it as a deposit and he should not give it to a grocer to receive food in its value.” If one transgressed and took as pledge, trangressed and gave as deposit? It shall be as the following: “If somebody eats his Second Tithe, whether in error or intentionally, he shall cry out to Heaven, the words of Rabban Simeon ben Gamliel. Rebbi says, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted. If it was money, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted, the words of Rabban Simeon ben Gamliel. Rebbi says, whether in error or intentionally, the money’s worth shall be restituted.” Rebbi Zeriqa in the name of Ḥizqiah: Practice follows Rebbi for money and Rabban Simeon ben Gamliel for produce. Rebbi Ila said, there was a case about money and they instructed following Rebbi.

“ How does one not take it as a pledge? He who enters another’s house to take a pledge should not take his debtor’s Second Tithe as pledge.” It was stated: “One does not give it as a deposit and he should not give it to a grocer to receive food in its value.” If one transgressed and took as pledge, trangressed and gave as deposit? It shall be as the following: “If somebody eats his Second Tithe, whether in error or intentionally, he shall cry out to Heaven, the words of Rabban Simeon ben Gamliel. Rebbi says, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted. If it was money, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted, the words of Rabban Simeon ben Gamliel. Rebbi says, whether in error or intentionally, the money’s worth shall be restituted.” Rebbi Zeriqa in the name of Ḥizqiah: Practice follows Rebbi for money and Rabban Simeon ben Gamliel for produce. Rebbi Ila said, there was a case about money and they instructed following Rebbi.

“ One does not use it to weigh coins, not even a profane tetradrachma to turn it into a tetradrachma of Second Tithe.” If he had a tetradrachma of Second Tithe whose weight was known to him, may he use it to weigh another tetradrachma of Second Tithe so that its weight should be known to him? May brothers who split [an inheritance] weigh one against the other?

“ One does not use it to weigh coins, not even a profane tetradrachma to turn it into a tetradrachma of Second Tithe.” If he had a tetradrachma of Second Tithe whose weight was known to him, may he use it to weigh another tetradrachma of Second Tithe so that its weight should be known to him? May brothers who split [an inheritance] weigh one against the other?

“ One does not use it to weigh coins, not even a profane tetradrachma to turn it into a tetradrachma of Second Tithe.” If he had a tetradrachma of Second Tithe whose weight was known to him, may he use it to weigh another tetradrachma of Second Tithe so that its weight should be known to him? May brothers who split [an inheritance] weigh one against the other?

“But they may give free gifts to one another.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, here it is everybody’s opinion, following what was stated: A person says to his neighbor [in Jerusalem]: What did you eat today? If that one says summer figs, he knows that it was firstling. Just as summer figs are sold cheaply, so firstlings are sold cheaply. If that one said manna, he knows that it was Second Tithe. Just as manna was given as a gift, so Second Tithe may be given as a gift. They objected: Everybody agrees that animal tithe cannot be sold; do you say it can be given as a gift? This also can be given as a gift. Rebbi Mana did not say so but was following Rebbi Jehudah since Rebbi Jehudah said He made it one’s property. They objected: Everybody agrees that animal tithe is not one’s property; do you say it can be given as a gift? This also can be given as a gift.

“But they may give free gifts to one another.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, here it is everybody’s opinion, following what was stated: A person says to his neighbor [in Jerusalem]: What did you eat today? If that one says summer figs, he knows that it was firstling. Just as summer figs are sold cheaply, so firstlings are sold cheaply. If that one said manna, he knows that it was Second Tithe. Just as manna was given as a gift, so Second Tithe may be given as a gift. They objected: Everybody agrees that animal tithe cannot be sold; do you say it can be given as a gift? This also can be given as a gift. Rebbi Mana did not say so but was following Rebbi Jehudah since Rebbi Jehudah said He made it one’s property. They objected: Everybody agrees that animal tithe is not one’s property; do you say it can be given as a gift? This also can be given as a gift.

“But they may give free gifts to one another.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, here it is everybody’s opinion, following what was stated: A person says to his neighbor [in Jerusalem]: What did you eat today? If that one says summer figs, he knows that it was firstling. Just as summer figs are sold cheaply, so firstlings are sold cheaply. If that one said manna, he knows that it was Second Tithe. Just as manna was given as a gift, so Second Tithe may be given as a gift. They objected: Everybody agrees that animal tithe cannot be sold; do you say it can be given as a gift? This also can be given as a gift. Rebbi Mana did not say so but was following Rebbi Jehudah since Rebbi Jehudah said He made it one’s property. They objected: Everybody agrees that animal tithe is not one’s property; do you say it can be given as a gift? This also can be given as a gift.

“But they may give free gifts to one another.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, here it is everybody’s opinion, following what was stated: A person says to his neighbor [in Jerusalem]: What did you eat today? If that one says summer figs, he knows that it was firstling. Just as summer figs are sold cheaply, so firstlings are sold cheaply. If that one said manna, he knows that it was Second Tithe. Just as manna was given as a gift, so Second Tithe may be given as a gift. They objected: Everybody agrees that animal tithe cannot be sold; do you say it can be given as a gift? This also can be given as a gift. Rebbi Mana did not say so but was following Rebbi Jehudah since Rebbi Jehudah said He made it one’s property. They objected: Everybody agrees that animal tithe is not one’s property; do you say it can be given as a gift? This also can be given as a gift.

Rebbi Abba bar Jacob in the name of Rebbi Joḥanan: It is said here (Lev. 27:33): “It may not be redeemed.” It has been said about Cohanim‘s bans (Lev. 27:28) “It may not be sold or redeemed.” Since “it may not be redeemed” for Cohanim’s bans includes sale, so “it may not be redeemed” here includes sale. Rebbi Jacob the Southerner asked before Rebbi Yose: Is it not written about a firstling (Num. 18:17) “it should not be redeemed?” About a blemished animal. For animal tithe, the Torah made no difference between living and slaughtered, unblemished and blemished.

“One may not use it for preliminarily marrying a woman.” But one may use its sinews, bones, horns, and hooves for preliminary marriage. Rebbi Eleazar said, because a blessing is mentioned for it. Why can one not use its meat for preliminary marriage? Rebbi Yose said, they learned tithe only from Cohanim’s bans. Since one may not use Cohanim’s bans for preliminary marriage, one may not use any sacrifices for preliminary marriage. Then one should not be able to use its sinews, bones, horns, and hooves for preliminary marriage. One needs what Rebbi Eleazar said, because a blessing is mentioned for it.

Rebbi Yudan asked: If somebody said to a woman, draw this animal tithe to you from me and be preliminarily married to me by it after slaughtering. Since it is in his hand to slaughter, is she immediately preliminarily married or only after slaughtering?

Rebbi Zeïra in the name of Rebbi Abba bar Mamal: If someone steals someone else’s animal tithe, if it still exists he returns it as is, if he ate it, he ate what he ate. Rebbi Eleazar in the name of Rebbi Mana: He cannot ask him to give anything; if it is worth less than a peruṭah one cannot say that he should give. Rebbi Ḥinena said, that is, if it was worth less than a peruṭah from the start. But if it was worth a peruṭah from the start, one tells him to pay.

Rebbi Jehudah bar Pazi in the name of Rebbi Joshua ben Levi: Alive, but not slaughtered. There, we have stated: “If somebody betrothes a woman with his share in most holy or simple holy sacrifices, she is not betrothed.” Rebbi Jehudah bar Pazi said, Rebbi Jehudah learns all dedicated things from the firstling. Just as one may betrothe a woman with a firstling, so all sacrifices may be used to betrothe a woman. Rebbi Meїr learns all sacrifices from animal tithe. Just as one may not betrothe a woman with animal tithe, so no sacrifices may be used to betrothe a woman. The opinion of Rebbi Jehudah bar Pazi is inverted. There, he says, alive or slaughtered. But here, he says alive, but not slaughtered. There in his own name, here in the name of Rebbi Joshua ben Levi. Even if you say there and here in his own name; if he betrothes while it is still alive and with what is scheduled to fall to him. After slaughter, what is the reason of Rebbi Joshua ben Levi? (Num. 18:18): “Their meat shall be for you, like the breast of weaving.” And what is the reason of Rebbi Jehudah ben Pazi? “Shall be for you”, even after slaughtering. How does Rebbi Joshua ben Levi uphold “shall be for you”? He added another being that it should be eaten during two days and one night.

Rebbi Jehudah bar Pazi in the name of Rebbi Joshua ben Levi: Alive, but not slaughtered. There, we have stated: “If somebody betrothes a woman with his share in most holy or simple holy sacrifices, she is not betrothed.” Rebbi Jehudah bar Pazi said, Rebbi Jehudah learns all dedicated things from the firstling. Just as one may betrothe a woman with a firstling, so all sacrifices may be used to betrothe a woman. Rebbi Meїr learns all sacrifices from animal tithe. Just as one may not betrothe a woman with animal tithe, so no sacrifices may be used to betrothe a woman. The opinion of Rebbi Jehudah bar Pazi is inverted. There, he says, alive or slaughtered. But here, he says alive, but not slaughtered. There in his own name, here in the name of Rebbi Joshua ben Levi. Even if you say there and here in his own name; if he betrothes while it is still alive and with what is scheduled to fall to him. After slaughter, what is the reason of Rebbi Joshua ben Levi? (Num. 18:18): “Their meat shall be for you, like the breast of weaving.” And what is the reason of Rebbi Jehudah ben Pazi? “Shall be for you”, even after slaughtering. How does Rebbi Joshua ben Levi uphold “shall be for you”? He added another being that it should be eaten during two days and one night.

Our Mishnah does not follow Rebbi Yose, as it was stated: “One may exchange Second Tithe for a blank, the words of Rebbi Dosa, but the Sages forbid it.” What is Rebbi Dosa’s reason? (Deut. 14:25) “You should bundle the money;” something which is bundled together, or which has a form and is current because of its form. Rebbi Yose in the name of Rebbi Joḥanan: The word of Rebbi Yose that one exchanges [Second] Tithe for a pound of silver. If he had [only] said “silver”, we would have said just as he said silver, so he said gold. If he had [only] said “silver”, we would have taught to exclude broken pots and baskets from which one could get a pound of silver.

Our Mishnah does not follow Rebbi Yose, as it was stated: “One may exchange Second Tithe for a blank, the words of Rebbi Dosa, but the Sages forbid it.” What is Rebbi Dosa’s reason? (Deut. 14:25) “You should bundle the money;” something which is bundled together, or which has a form and is current because of its form. Rebbi Yose in the name of Rebbi Joḥanan: The word of Rebbi Yose that one exchanges [Second] Tithe for a pound of silver. If he had [only] said “silver”, we would have said just as he said silver, so he said gold. If he had [only] said “silver”, we would have taught to exclude broken pots and baskets from which one could get a pound of silver.

MISHNAH: If somebody buys a domestic animal for a well-being offering or a wild animal for meat of desire, the hide becomes profane even though it may be worth more than the meat. [If he buys] sealed wine jugs at a place where jugs usually are sold sealed, the pitcher becomes profane. The shells of walnuts and almonds become profane. Afterwine before it fermented cannot be bought with tithe money; after it fermented it may be bought with tithe money. If somebody buys a wild animal for a well-being offering or a domestic animal for meat of desire, the hide does not become profane. [If he buys] open wine jugs or sealed ones at a place where wine usually is sold from the barrel, the pitcher does not become profane. [If he buys] baskets of figs and baskets of grapes sold with the vessel, the price money of the vessel does not become profane.

MISHNAH: If somebody buys a domestic animal for a well-being offering or a wild animal for meat of desire, the hide becomes profane even though it may be worth more than the meat. [If he buys] sealed wine jugs at a place where jugs usually are sold sealed, the pitcher becomes profane. The shells of walnuts and almonds become profane. Afterwine before it fermented cannot be bought with tithe money; after it fermented it may be bought with tithe money. If somebody buys a wild animal for a well-being offering or a domestic animal for meat of desire, the hide does not become profane. [If he buys] open wine jugs or sealed ones at a place where wine usually is sold from the barrel, the pitcher does not become profane. [If he buys] baskets of figs and baskets of grapes sold with the vessel, the price money of the vessel does not become profane.

“Afterwine before it fermented cannot be bought with tithe money and invalidates a miqweh; after it fermented it may be bought with tithe money and does not invalidate a miqweh.” Our Mishnah follows Rebbi Jehudah as we have stated there: “If someone makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with tithe money.

“Afterwine before it fermented cannot be bought with tithe money and invalidates a miqweh; after it fermented it may be bought with tithe money and does not invalidate a miqweh.” Our Mishnah follows Rebbi Jehudah as we have stated there: “If someone makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with tithe money.

“Afterwine before it fermented cannot be bought with tithe money and invalidates a miqweh; after it fermented it may be bought with tithe money and does not invalidate a miqweh.” Our Mishnah follows Rebbi Jehudah as we have stated there: “If someone makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with tithe money.

Rebbi Eleazar said, the tithe [money] did not acquire. Rebbi Yose said, first we said that if somebody bought a domestic animal for meat of desire, against his will it gets the name of well-being offering but we said nothing since Rebbi Eleazar said, the tithe [money] did not acquire.

Rebbi Eleazar said, the tithe [money] did not acquire. Rebbi Yose said, first we said that if somebody bought a domestic animal for meat of desire, against his will it gets the name of well-being offering but we said nothing since Rebbi Eleazar said, the tithe [money] did not acquire.

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr is free from the rules of firstlings; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten? He said to him, when it was bought, the holiness of tithe left it. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered. For him who says, when it was bought, the holiness of tithe left it, and it is not offered.

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr is free from the rules of firstlings; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten? He said to him, when it was bought, the holiness of tithe left it. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered. For him who says, when it was bought, the holiness of tithe left it, and it is not offered.

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr is free from the rules of firstlings; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten? He said to him, when it was bought, the holiness of tithe left it. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered. For him who says, when it was bought, the holiness of tithe left it, and it is not offered.

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr is free from the rules of firstlings; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten? He said to him, when it was bought, the holiness of tithe left it. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered. For him who says, when it was bought, the holiness of tithe left it, and it is not offered.

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr is free from the rules of firstlings; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten? He said to him, when it was bought, the holiness of tithe left it. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered. For him who says, when it was bought, the holiness of tithe left it, and it is not offered.

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr is free from the rules of firstlings; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten? He said to him, when it was bought, the holiness of tithe left it. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered. For him who says, when it was bought, the holiness of tithe left it, and it is not offered.

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr is free from the rules of firstlings; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten? He said to him, when it was bought, the holiness of tithe left it. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered. For him who says, when it was bought, the holiness of tithe left it, and it is not offered.

Rebbi Yose said, we teach all these words but a Mishnah supports Rebbi Zeïra: “He should not bring from wheat of Second Tithe but from money of Second Tithe.” What is the difference between wheat and money? It must be that when it was bought, the holiness of tithe left it. Rebbi Ḥinena asked before Rebbi Mana: Why should he not bring wheat, the heave to the Cohen and the rest for the owners, why does he not bring? He said to him, think of it, if the blood is spilled does the bread not become unusable?

Rebbi Yose said, we teach all these words but a Mishnah supports Rebbi Zeïra: “He should not bring from wheat of Second Tithe but from money of Second Tithe.” What is the difference between wheat and money? It must be that when it was bought, the holiness of tithe left it. Rebbi Ḥinena asked before Rebbi Mana: Why should he not bring wheat, the heave to the Cohen and the rest for the owners, why does he not bring? He said to him, think of it, if the blood is spilled does the bread not become unusable?

Rebbi Yose said, we teach all these words but a Mishnah supports Rebbi Zeïra: “He should not bring from wheat of Second Tithe but from money of Second Tithe.” What is the difference between wheat and money? It must be that when it was bought, the holiness of tithe left it. Rebbi Ḥinena asked before Rebbi Mana: Why should he not bring wheat, the heave to the Cohen and the rest for the owners, why does he not bring? He said to him, think of it, if the blood is spilled does the bread not become unusable?

Rebbi Joḥanan said, they decreed on a blemished female because of her young. They decreed on a blemished male because of the blemished female. They said in the name of Rebbi Joḥanan, even an unblemished one is a decree. Earlier they said one may buy an animal for meat of desire and hide it from the altar. They turned to say, not even a wild animal, not even birds as it was stated: “Sabbatical [money] and Second Tithe [money] can be exchanged for a blemished female animal or other domestic and wild animals and birds whether alive or slaughtered, the words of Rebbi Meїr. But the Sages say, one exchanges only on slaughtered ones.” Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: They decreed this that one should not raise them in herds. Rebbi Jeremiah stood next to Rebbi Zeïra who said to him, Rebbi Samuel ben Rav Isaac is still alive and you hang your rags on him! Did not Rebbi Joḥanan say even an unblemished one is a decree! Maybe this was said only for Sabbatical [money]? They found it stated for Sabbatical [money].

MISHNAH: If somebody buys water, or salt, or produce still connected to the ground, or produce that cannot reach Jerusalem, the tithe [money] does not acquire. If somebody bought produce in error, the money should return to its place. If intentionally, he should bring them up and they should be eaten at the Place; if there is no Temple they should be left to rot. If somebody buys a domestic animal in error, the money should return to its place. If intentionally, he should bring it up and it should be eaten at the Place; if there is no Temple it should be buried in its hide. One does not buy slaves, real estate, and unclean animals from Second Tithe money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who have given birth from Second Tithe money. If he bought them, he has to eat their worth. This is the principle: If one bought anything except for eating, drinking, and rubbing from Second Tithe money, he has to eat its worth.

MISHNAH: If somebody buys water, or salt, or produce still connected to the ground, or produce that cannot reach Jerusalem, the tithe [money] does not acquire. If somebody bought produce in error, the money should return to its place. If intentionally, he should bring them up and they should be eaten at the Place; if there is no Temple they should be left to rot. If somebody buys a domestic animal in error, the money should return to its place. If intentionally, he should bring it up and it should be eaten at the Place; if there is no Temple it should be buried in its hide. One does not buy slaves, real estate, and unclean animals from Second Tithe money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who have given birth from Second Tithe money. If he bought them, he has to eat their worth. This is the principle: If one bought anything except for eating, drinking, and rubbing from Second Tithe money, he has to eat its worth.

MISHNAH: If somebody buys water, or salt, or produce still connected to the ground, or produce that cannot reach Jerusalem, the tithe [money] does not acquire. If somebody bought produce in error, the money should return to its place. If intentionally, he should bring them up and they should be eaten at the Place; if there is no Temple they should be left to rot. If somebody buys a domestic animal in error, the money should return to its place. If intentionally, he should bring it up and it should be eaten at the Place; if there is no Temple it should be buried in its hide. One does not buy slaves, real estate, and unclean animals from Second Tithe money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who have given birth from Second Tithe money. If he bought them, he has to eat their worth. This is the principle: If one bought anything except for eating, drinking, and rubbing from Second Tithe money, he has to eat its worth.

MISHNAH: If somebody buys water, or salt, or produce still connected to the ground, or produce that cannot reach Jerusalem, the tithe [money] does not acquire. If somebody bought produce in error, the money should return to its place. If intentionally, he should bring them up and they should be eaten at the Place; if there is no Temple they should be left to rot. If somebody buys a domestic animal in error, the money should return to its place. If intentionally, he should bring it up and it should be eaten at the Place; if there is no Temple it should be buried in its hide. One does not buy slaves, real estate, and unclean animals from Second Tithe money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who have given birth from Second Tithe money. If he bought them, he has to eat their worth. This is the principle: If one bought anything except for eating, drinking, and rubbing from Second Tithe money, he has to eat its worth.

Our Mishnah follows Rebbi Aqiba but not Rebbi Ismael. Rebbi Ismael explained (Deut. 14:26): “Spend the money on anything you want,” a general clause. “For cattle and sheep, wine and intoxicating drink”, detail. “And anything you want,” another general clause. General, detail, and general, you may judge only in the light of the detail. Just as the detail is explained as born from what is born from the earth, so only what is born from what is born from the earth. Rebbi Aqiba explains: Just as the detail is explained as fruit, born from a fruit, or what prepares fruit, so only what is fruit, born from a fruit, or what prepares fruit. What is the difference between them? Fish, locusts, truffles, and mushrooms which may be bought with tithe money following Rebbi Aqiba.

Rebbi Zevida was sitting and teaching his son: “if somebody wants to exchange [tithe] money for produce today, both these and those are consecrated, the words of the House of Shammai. The House of Hillel say, the money is as it was and the produce is as it was.” Rebbi Crispus passed by and told him, do not state it so but say “produce for money.” Therefore, everybody agrees that money for produce was not consecrated. But did we not state: “if there is no Temple they should be left to rot”? Explain it if he dedicated it when there was a Temple and the Temple was destroyed.

MISHNAH: Second Tithe is to be used for eating, drinking, and anointing; to eat everything commonly eaten, to anoint with what commonly is used for anointing. One should not anoint with wine or vinegar, but with olive oil. One does not use Second Tithe oil as base for perfume, one does not buy perfumed oil with Second Tithe money, but one may make spice wine. If one adds it to honey and spices and it increases in value, the increase is proportional. If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional. If a dough of Second Tithe when baked increased in value, the increase belongs to the Second. This is the principle: In all cases in which the increase is visible, the increase is proportional. In all cases in which the increase is not visible, the increase belongs to the Second.

MISHNAH: Second Tithe is to be used for eating, drinking, and anointing; to eat everything commonly eaten, to anoint with what commonly is used for anointing. One should not anoint with wine or vinegar, but with olive oil. One does not use Second Tithe oil as base for perfume, one does not buy perfumed oil with Second Tithe money, but one may make spice wine. If one adds it to honey and spices and it increases in value, the increase is proportional. If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional. If a dough of Second Tithe when baked increased in value, the increase belongs to the Second. This is the principle: In all cases in which the increase is visible, the increase is proportional. In all cases in which the increase is not visible, the increase belongs to the Second.

MISHNAH: Second Tithe is to be used for eating, drinking, and anointing; to eat everything commonly eaten, to anoint with what commonly is used for anointing. One should not anoint with wine or vinegar, but with olive oil. One does not use Second Tithe oil as base for perfume, one does not buy perfumed oil with Second Tithe money, but one may make spice wine. If one adds it to honey and spices and it increases in value, the increase is proportional. If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional. If a dough of Second Tithe when baked increased in value, the increase belongs to the Second. This is the principle: In all cases in which the increase is visible, the increase is proportional. In all cases in which the increase is not visible, the increase belongs to the Second.

MISHNAH: Second Tithe is to be used for eating, drinking, and anointing; to eat everything commonly eaten, to anoint with what commonly is used for anointing. One should not anoint with wine or vinegar, but with olive oil. One does not use Second Tithe oil as base for perfume, one does not buy perfumed oil with Second Tithe money, but one may make spice wine. If one adds it to honey and spices and it increases in value, the increase is proportional. If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional. If a dough of Second Tithe when baked increased in value, the increase belongs to the Second. This is the principle: In all cases in which the increase is visible, the increase is proportional. In all cases in which the increase is not visible, the increase belongs to the Second.

MISHNAH: Second Tithe is to be used for eating, drinking, and anointing; to eat everything commonly eaten, to anoint with what commonly is used for anointing. One should not anoint with wine or vinegar, but with olive oil. One does not use Second Tithe oil as base for perfume, one does not buy perfumed oil with Second Tithe money, but one may make spice wine. If one adds it to honey and spices and it increases in value, the increase is proportional. If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional. If a dough of Second Tithe when baked increased in value, the increase belongs to the Second. This is the principle: In all cases in which the increase is visible, the increase is proportional. In all cases in which the increase is not visible, the increase belongs to the Second.

HALAKHAH: “Second Tithe is to be used for eating,” etc. It is to be used for eating, since eating is written regarding it. For drinking, since drinking is included in eating. From where that drinking is included in eating? Rebbi Jonah understood if from the following (Lev. 17:12): “Therefore, I said to the Children of Israel, no person among you may eat blood.” Where do we hold? If about congealed blood, did we not state: “Congealed blood is neither food nor drink”? So we must hold as is, and the Torah called it “eating.” But did we not state: “If he mashed the fat and sipped it, congealed the blood and ate it, he is guilty!” How does Rebbi Jonah explain? It is neither food, to accept the impurity of food, nor drink, to accept the impurity of drinks.

Some want to understand it from this (Deut. 12:17): “You may not eat in your gates the tithe of your grain, your cider, and your shining oil.” ‘Your cider’, that is the wine. ‘And your shining oil’ refers to anointing and the Torah called it ‘eating’. But this is not clear. If it were clear one should be whipped because of it outside the walls! Rebbi Yose ben Ḥanina said, one is whipped outside the walls only for pure Second Tithe which entered Jerusalem and left. From where that it is not clear? From what was stated: “On the Sabbath, both anointing for pleasure and anointing not for pleasure are permitted. On the Day of Atonement, both anointing for pleasure and anointing not for pleasure are forbidden. On the Ninth of Ab and public fasts anointing for pleasure is forbidden but anointing not for pleasure is permitted.” Did we not state: “Anointing is equal to drinking for prohibition and replacement but not for punishment, on the Day of Atonement for prohibition but not for punishment”? Did we not state (Lev. 22:15): “They should not desecrate,” to include him who anoints and him who drinks. Rebbi Joḥanan said, there is no ‘anoints’ here. Rebbi Abba Mari said, if there is no ‘anoints’ here then there is no ‘drinks’ for otherwise something that comes from two different prohibitions would be added together!

Some want to understand it from this (Deut. 12:17): “You may not eat in your gates the tithe of your grain, your cider, and your shining oil.” ‘Your cider’, that is the wine. ‘And your shining oil’ refers to anointing and the Torah called it ‘eating’. But this is not clear. If it were clear one should be whipped because of it outside the walls! Rebbi Yose ben Ḥanina said, one is whipped outside the walls only for pure Second Tithe which entered Jerusalem and left. From where that it is not clear? From what was stated: “On the Sabbath, both anointing for pleasure and anointing not for pleasure are permitted. On the Day of Atonement, both anointing for pleasure and anointing not for pleasure are forbidden. On the Ninth of Ab and public fasts anointing for pleasure is forbidden but anointing not for pleasure is permitted.” Did we not state: “Anointing is equal to drinking for prohibition and replacement but not for punishment, on the Day of Atonement for prohibition but not for punishment”? Did we not state (Lev. 22:15): “They should not desecrate,” to include him who anoints and him who drinks. Rebbi Joḥanan said, there is no ‘anoints’ here. Rebbi Abba Mari said, if there is no ‘anoints’ here then there is no ‘drinks’ for otherwise something that comes from two different prohibitions would be added together!

Perfumed wine of Second Tithe may not be used for anointing. Perfumed oil of Second Tithe may be used for anointing. What is the difference? For the latter it is customary, for the former it is not customary.

Perfumed wine of Second Tithe may not be used for anointing. Perfumed oil of Second Tithe may be used for anointing. What is the difference? For the latter it is customary, for the former it is not customary.

Rebbi Yudan asked: Second tithe oil that became rancid? Rebbi Mana said, when it became rancid, its holiness burst from it. Why did he have to ask? Sabbatical [oil] even if rancid remains in its holiness.

Simeon bar Abba in the name of Rebbi Ḥanina: He who whispers puts oil on his head and whispers on condition that he use neither hand nor vessel. Rebbi Jacob bar Idi, Rebbi Joḥanan in the name of Rebbi Yannai: with hand or vessel. In what do they differ? Whether it is repulsive. For him who says with hand or vessel, it is repulsive. For him who says neither hand nor vessel, it is not repulsive. Rebbi Jonah said, they differ about Second Tithe. For him who says with hand or vessel, Second Tithe is forbidden. For him who says neither hand nor vessel, Second Tithe is permitted. Rebbi Yose said, is all that is permitted on the Sabbath permitted with Second Tithe and all that is forbidden on the Sabbath forbidden with Second Tithe? Did we not state: A woman may douse her son with wine because of sweat, but this is forbidden with heave? Heave and Second Tithe are the same! How is that? Only that he not do it in the way he is used to do it on weekdays.

Simeon bar Abba in the name of Rebbi Ḥanina: He who whispers puts oil on his head and whispers on condition that he use neither hand nor vessel. Rebbi Jacob bar Idi, Rebbi Joḥanan in the name of Rebbi Yannai: with hand or vessel. In what do they differ? Whether it is repulsive. For him who says with hand or vessel, it is repulsive. For him who says neither hand nor vessel, it is not repulsive. Rebbi Jonah said, they differ about Second Tithe. For him who says with hand or vessel, Second Tithe is forbidden. For him who says neither hand nor vessel, Second Tithe is permitted. Rebbi Yose said, is all that is permitted on the Sabbath permitted with Second Tithe and all that is forbidden on the Sabbath forbidden with Second Tithe? Did we not state: A woman may douse her son with wine because of sweat, but this is forbidden with heave? Heave and Second Tithe are the same! How is that? Only that he not do it in the way he is used to do it on weekdays.

Simeon bar Abba in the name of Rebbi Ḥanina: He who whispers puts oil on his head and whispers on condition that he use neither hand nor vessel. Rebbi Jacob bar Idi, Rebbi Joḥanan in the name of Rebbi Yannai: with hand or vessel. In what do they differ? Whether it is repulsive. For him who says with hand or vessel, it is repulsive. For him who says neither hand nor vessel, it is not repulsive. Rebbi Jonah said, they differ about Second Tithe. For him who says with hand or vessel, Second Tithe is forbidden. For him who says neither hand nor vessel, Second Tithe is permitted. Rebbi Yose said, is all that is permitted on the Sabbath permitted with Second Tithe and all that is forbidden on the Sabbath forbidden with Second Tithe? Did we not state: A woman may douse her son with wine because of sweat, but this is forbidden with heave? Heave and Second Tithe are the same! How is that? Only that he not do it in the way he is used to do it on weekdays.

Simeon bar Abba in the name of Rebbi Ḥanina: He who whispers puts oil on his head and whispers on condition that he use neither hand nor vessel. Rebbi Jacob bar Idi, Rebbi Joḥanan in the name of Rebbi Yannai: with hand or vessel. In what do they differ? Whether it is repulsive. For him who says with hand or vessel, it is repulsive. For him who says neither hand nor vessel, it is not repulsive. Rebbi Jonah said, they differ about Second Tithe. For him who says with hand or vessel, Second Tithe is forbidden. For him who says neither hand nor vessel, Second Tithe is permitted. Rebbi Yose said, is all that is permitted on the Sabbath permitted with Second Tithe and all that is forbidden on the Sabbath forbidden with Second Tithe? Did we not state: A woman may douse her son with wine because of sweat, but this is forbidden with heave? Heave and Second Tithe are the same! How is that? Only that he not do it in the way he is used to do it on weekdays.

Simeon bar Abba in the name of Rebbi Ḥanina: He who whispers puts oil on his head and whispers on condition that he use neither hand nor vessel. Rebbi Jacob bar Idi, Rebbi Joḥanan in the name of Rebbi Yannai: with hand or vessel. In what do they differ? Whether it is repulsive. For him who says with hand or vessel, it is repulsive. For him who says neither hand nor vessel, it is not repulsive. Rebbi Jonah said, they differ about Second Tithe. For him who says with hand or vessel, Second Tithe is forbidden. For him who says neither hand nor vessel, Second Tithe is permitted. Rebbi Yose said, is all that is permitted on the Sabbath permitted with Second Tithe and all that is forbidden on the Sabbath forbidden with Second Tithe? Did we not state: A woman may douse her son with wine because of sweat, but this is forbidden with heave? Heave and Second Tithe are the same! How is that? Only that he not do it in the way he is used to do it on weekdays.

Simeon bar Abba in the name of Rebbi Ḥanina: He who whispers puts oil on his head and whispers on condition that he use neither hand nor vessel. Rebbi Jacob bar Idi, Rebbi Joḥanan in the name of Rebbi Yannai: with hand or vessel. In what do they differ? Whether it is repulsive. For him who says with hand or vessel, it is repulsive. For him who says neither hand nor vessel, it is not repulsive. Rebbi Jonah said, they differ about Second Tithe. For him who says with hand or vessel, Second Tithe is forbidden. For him who says neither hand nor vessel, Second Tithe is permitted. Rebbi Yose said, is all that is permitted on the Sabbath permitted with Second Tithe and all that is forbidden on the Sabbath forbidden with Second Tithe? Did we not state: A woman may douse her son with wine because of sweat, but this is forbidden with heave? Heave and Second Tithe are the same! How is that? Only that he not do it in the way he is used to do it on weekdays.

“If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional.” Rebbi Hoshaia said, it follows Rebbi Jehudah, since we have stated: “Rebbi Jehudah permits in anchovies where it only serves to remove pollutants.” The rabbis of Caesarea asked: The saying of Rebbi Abbahu in the name of Rebbi Joḥanan, that all forbidden [food] is estimated as if it were onion, as if it were leeks, does this contradict Rebbi Jehudah? Rebbi Jehudah will agree regarding an onion of the Temple or an onion of idol worship.

Rebbi Joḥanan said, for everything that augments the measure, the increase [in value] is proportional, but for everything that does not augment the measure, the increase belongs to the Second [Tithe]. Rebbi Simeon ben Laqish said, for everything where the taste of the improvement is recognizable, the increase [in value] is proportional, but for everything where the taste of the improvement is not recognizable, the increase belongs to the Second [Tithe]. The Mishnah disagrees with Rebbi Jonathan: “If a dough of Second Tithe when baked increased in value, the increase belongs to the Second.” Explain it if the improvement cannot be tasted. The Mishnah disagrees with Rebbi Joḥanan: “If fish cooked with Second Tithe leeks increased in value, the increase is proportional.” Rebbi Yose in the name of Rebbi Hoshaia: Explain it if he cooked them together. Rebbi Jonah in the name of Rebbi Hoshaia: Think of it, if he cooked them separately and mixed them! Have fish only the taste of leeks and leeks only the taste of fish?

Rebbi Joḥanan said, for everything that augments the measure, the increase [in value] is proportional, but for everything that does not augment the measure, the increase belongs to the Second [Tithe]. Rebbi Simeon ben Laqish said, for everything where the taste of the improvement is recognizable, the increase [in value] is proportional, but for everything where the taste of the improvement is not recognizable, the increase belongs to the Second [Tithe]. The Mishnah disagrees with Rebbi Jonathan: “If a dough of Second Tithe when baked increased in value, the increase belongs to the Second.” Explain it if the improvement cannot be tasted. The Mishnah disagrees with Rebbi Joḥanan: “If fish cooked with Second Tithe leeks increased in value, the increase is proportional.” Rebbi Yose in the name of Rebbi Hoshaia: Explain it if he cooked them together. Rebbi Jonah in the name of Rebbi Hoshaia: Think of it, if he cooked them separately and mixed them! Have fish only the taste of leeks and leeks only the taste of fish?

Rebbi Joḥanan said, for everything that augments the measure, the increase [in value] is proportional, but for everything that does not augment the measure, the increase belongs to the Second [Tithe]. Rebbi Simeon ben Laqish said, for everything where the taste of the improvement is recognizable, the increase [in value] is proportional, but for everything where the taste of the improvement is not recognizable, the increase belongs to the Second [Tithe]. The Mishnah disagrees with Rebbi Jonathan: “If a dough of Second Tithe when baked increased in value, the increase belongs to the Second.” Explain it if the improvement cannot be tasted. The Mishnah disagrees with Rebbi Joḥanan: “If fish cooked with Second Tithe leeks increased in value, the increase is proportional.” Rebbi Yose in the name of Rebbi Hoshaia: Explain it if he cooked them together. Rebbi Jonah in the name of Rebbi Hoshaia: Think of it, if he cooked them separately and mixed them! Have fish only the taste of leeks and leeks only the taste of fish?

Rebbi Joḥanan said, for everything that augments the measure, the increase [in value] is proportional, but for everything that does not augment the measure, the increase belongs to the Second [Tithe]. Rebbi Simeon ben Laqish said, for everything where the taste of the improvement is recognizable, the increase [in value] is proportional, but for everything where the taste of the improvement is not recognizable, the increase belongs to the Second [Tithe]. The Mishnah disagrees with Rebbi Jonathan: “If a dough of Second Tithe when baked increased in value, the increase belongs to the Second.” Explain it if the improvement cannot be tasted. The Mishnah disagrees with Rebbi Joḥanan: “If fish cooked with Second Tithe leeks increased in value, the increase is proportional.” Rebbi Yose in the name of Rebbi Hoshaia: Explain it if he cooked them together. Rebbi Jonah in the name of Rebbi Hoshaia: Think of it, if he cooked them separately and mixed them! Have fish only the taste of leeks and leeks only the taste of fish?

A Mishnah disagrees with Rebbi Joḥanan: “Spices, water, or salt a woman borrowed from a friend for her dough, goes after both their feet.” Rebbi Abba said, for eruv they went according to the logical rule. You should know that this is so since they say there in the name of Rav Ḥisda, but we know not whether from a tradition or a Mishnah, “even logs!” Did we want to say that logs have no credible importance? A baraita disagrees with Rebbi Simeon ben Laqish: “If a tithe dish is prepared with profane spices, the increase belongs to Second Tithe.” Explain it if the improvement cannot be tasted. But was it not stated: “If a profane dish is prepared with Second Tithe spices, the tithe cannot escape redemption”? According to Rebbi Joḥanan, if the volume was increased. According to Rebbi Simeon ber Laqish if the improvement was clearly recognizable.

A Mishnah disagrees with Rebbi Joḥanan: “Spices, water, or salt a woman borrowed from a friend for her dough, goes after both their feet.” Rebbi Abba said, for eruv they went according to the logical rule. You should know that this is so since they say there in the name of Rav Ḥisda, but we know not whether from a tradition or a Mishnah, “even logs!” Did we want to say that logs have no credible importance? A baraita disagrees with Rebbi Simeon ben Laqish: “If a tithe dish is prepared with profane spices, the increase belongs to Second Tithe.” Explain it if the improvement cannot be tasted. But was it not stated: “If a profane dish is prepared with Second Tithe spices, the tithe cannot escape redemption”? According to Rebbi Joḥanan, if the volume was increased. According to Rebbi Simeon ber Laqish if the improvement was clearly recognizable.

A Mishnah disagrees with Rebbi Joḥanan: “Spices, water, or salt a woman borrowed from a friend for her dough, goes after both their feet.” Rebbi Abba said, for eruv they went according to the logical rule. You should know that this is so since they say there in the name of Rav Ḥisda, but we know not whether from a tradition or a Mishnah, “even logs!” Did we want to say that logs have no credible importance? A baraita disagrees with Rebbi Simeon ben Laqish: “If a tithe dish is prepared with profane spices, the increase belongs to Second Tithe.” Explain it if the improvement cannot be tasted. But was it not stated: “If a profane dish is prepared with Second Tithe spices, the tithe cannot escape redemption”? According to Rebbi Joḥanan, if the volume was increased. According to Rebbi Simeon ber Laqish if the improvement was clearly recognizable.

A Mishnah disagrees with Rebbi Joḥanan: “Spices, water, or salt a woman borrowed from a friend for her dough, goes after both their feet.” Rebbi Abba said, for eruv they went according to the logical rule. You should know that this is so since they say there in the name of Rav Ḥisda, but we know not whether from a tradition or a Mishnah, “even logs!” Did we want to say that logs have no credible importance? A baraita disagrees with Rebbi Simeon ben Laqish: “If a tithe dish is prepared with profane spices, the increase belongs to Second Tithe.” Explain it if the improvement cannot be tasted. But was it not stated: “If a profane dish is prepared with Second Tithe spices, the tithe cannot escape redemption”? According to Rebbi Joḥanan, if the volume was increased. According to Rebbi Simeon ber Laqish if the improvement was clearly recognizable.

MISHNAH: Rebbi Simeon says, one does not rub himself with oil of Second Tithe in Jerusalem but the Sages permit it. They said to Rebbi Simeon, if He made it easy for the important heave, should we not be lenient for the lightweight Second Tithe? He said to them, this is no good. He was lenient for the important heave as He was lenient for vetch and fenugreek; how can we be lenient for Second Tithe where He was not lenient for vetch and fenugreek? Fenugreek of Second Tithe should be eaten as sprouts. Of Heave, the House of Shammai say it must always be handled in purity except for shampooing. But the House of Hillel say, it may be handled in impurity except in soaking. Vetch of Second Tithe should be eaten as sprouts; it may enter Jerusalem and leave. If it became impure, Rebbi Ṭarphon says it should be divided into pieces of dough, but the Sages say it should be redeemed. If it is heave, the House of Shammai say, one soaks and cleans in purity and feeds in impurity, but the House of Hillel say, one soaks in purity and cleans and feeds in impurity. Shammai says, it should be eaten dry. Rebbi Aqiba says, all its processing is done in impurity.

MISHNAH: Rebbi Simeon says, one does not rub himself with oil of Second Tithe in Jerusalem but the Sages permit it. They said to Rebbi Simeon, if He made it easy for the important heave, should we not be lenient for the lightweight Second Tithe? He said to them, this is no good. He was lenient for the important heave as He was lenient for vetch and fenugreek; how can we be lenient for Second Tithe where He was not lenient for vetch and fenugreek? Fenugreek of Second Tithe should be eaten as sprouts. Of Heave, the House of Shammai say it must always be handled in purity except for shampooing. But the House of Hillel say, it may be handled in impurity except in soaking. Vetch of Second Tithe should be eaten as sprouts; it may enter Jerusalem and leave. If it became impure, Rebbi Ṭarphon says it should be divided into pieces of dough, but the Sages say it should be redeemed. If it is heave, the House of Shammai say, one soaks and cleans in purity and feeds in impurity, but the House of Hillel say, one soaks in purity and cleans and feeds in impurity. Shammai says, it should be eaten dry. Rebbi Aqiba says, all its processing is done in impurity.

MISHNAH: Rebbi Simeon says, one does not rub himself with oil of Second Tithe in Jerusalem but the Sages permit it. They said to Rebbi Simeon, if He made it easy for the important heave, should we not be lenient for the lightweight Second Tithe? He said to them, this is no good. He was lenient for the important heave as He was lenient for vetch and fenugreek; how can we be lenient for Second Tithe where He was not lenient for vetch and fenugreek? Fenugreek of Second Tithe should be eaten as sprouts. Of Heave, the House of Shammai say it must always be handled in purity except for shampooing. But the House of Hillel say, it may be handled in impurity except in soaking. Vetch of Second Tithe should be eaten as sprouts; it may enter Jerusalem and leave. If it became impure, Rebbi Ṭarphon says it should be divided into pieces of dough, but the Sages say it should be redeemed. If it is heave, the House of Shammai say, one soaks and cleans in purity and feeds in impurity, but the House of Hillel say, one soaks in purity and cleans and feeds in impurity. Shammai says, it should be eaten dry. Rebbi Aqiba says, all its processing is done in impurity.

MISHNAH: Rebbi Simeon says, one does not rub himself with oil of Second Tithe in Jerusalem but the Sages permit it. They said to Rebbi Simeon, if He made it easy for the important heave, should we not be lenient for the lightweight Second Tithe? He said to them, this is no good. He was lenient for the important heave as He was lenient for vetch and fenugreek; how can we be lenient for Second Tithe where He was not lenient for vetch and fenugreek? Fenugreek of Second Tithe should be eaten as sprouts. Of Heave, the House of Shammai say it must always be handled in purity except for shampooing. But the House of Hillel say, it may be handled in impurity except in soaking. Vetch of Second Tithe should be eaten as sprouts; it may enter Jerusalem and leave. If it became impure, Rebbi Ṭarphon says it should be divided into pieces of dough, but the Sages say it should be redeemed. If it is heave, the House of Shammai say, one soaks and cleans in purity and feeds in impurity, but the House of Hillel say, one soaks in purity and cleans and feeds in impurity. Shammai says, it should be eaten dry. Rebbi Aqiba says, all its processing is done in impurity.

MISHNAH: Rebbi Simeon says, one does not rub himself with oil of Second Tithe in Jerusalem but the Sages permit it. They said to Rebbi Simeon, if He made it easy for the important heave, should we not be lenient for the lightweight Second Tithe? He said to them, this is no good. He was lenient for the important heave as He was lenient for vetch and fenugreek; how can we be lenient for Second Tithe where He was not lenient for vetch and fenugreek? Fenugreek of Second Tithe should be eaten as sprouts. Of Heave, the House of Shammai say it must always be handled in purity except for shampooing. But the House of Hillel say, it may be handled in impurity except in soaking. Vetch of Second Tithe should be eaten as sprouts; it may enter Jerusalem and leave. If it became impure, Rebbi Ṭarphon says it should be divided into pieces of dough, but the Sages say it should be redeemed. If it is heave, the House of Shammai say, one soaks and cleans in purity and feeds in impurity, but the House of Hillel say, one soaks in purity and cleans and feeds in impurity. Shammai says, it should be eaten dry. Rebbi Aqiba says, all its processing is done in impurity.

Is our Mishnah Rabban Simeon ben Gamliel’s? “Also produce enters and leaves”! It is the opinion of everybody. Here they were very lenient for vetch, but only dough of vetch, only dough of Second Tithe.

MISHNAH: Of profane and Second Tithe coins that were strewn around, what one collected goes to Second Tithe until complete, the remainder is profane. If he mixed them together and took out fists full, it is in proportion. That is the principle: What is picked out is for Second Tithe and what is mixed together by proportion. If a tetradrachma of Second Tithe was mixed up with a profane one, one brings coins in the value of a tetradrachma and says: The tetradrachma of Second Tithe, wherever it may be, is exchanged for these coins. Then he chooses the better of the two and exchanges it for them since they said, one exchanges bronze for silver in an emergency, not that it should stay so but that he should exchange them for silver. The House of Shammai say, a person should not turn his tetradrachmas into gold denars but the House of Hillel permit it. Rebbi Aqiba said, for Rabban Gamliel and Rebbi Joshua I turned their silver coins into gold denars.