tithed

And he tithed all the clean animals, and made a burnt sacrifice, but the unclean animals he gave (not) to Levi his son, and he gave him all the souls of the men

And Levi discharged the priestly office at Bethel before Jacob his father in preference to his ten brothers, and he was a priest there, and Jacob gave his vow: thus he tithed again the tithe to the Lord and sanctified it, and it became holy unto Him.

Similarly one who dedicates his produce prior to the stage when they are subject to tithes and then redeemed them, they are liable [to be tithed]. If [he dedicated them] when they had already become subject to tithes and then redeemed them, they are liable [to be tithed]. If he dedicated them before they had ripened, and they became ripe while in the possession of the [Temple] treasurer, and he then redeemed them, they are exempt, since at the time when they would have been liable, they were exempt.

Similarly one who dedicates his produce prior to the stage when they are subject to tithes and then redeemed them, they are liable [to be tithed]. If [he dedicated them] when they had already become subject to tithes and then redeemed them, they are liable [to be tithed]. If he dedicated them before they had ripened, and they became ripe while in the possession of the [Temple] treasurer, and he then redeemed them, they are exempt, since at the time when they would have been liable, they were exempt.

The following things must be tithed as demai in all places: pressed figs, dates, carobs, rice, and cumin. As to rice from outside the land [of Israel], whoever uses it is exempt from tithing it.

They may feed demai to the poor and to guests (alt. passing troops). Rabban Gamaliel used to feed demai to his workmen. [As for] charity collectors: Bet Shammai says: they should give tithed [produce] to one who doesn’t tithe, and untithed [produce] to one who does tithe. In this way it will turn out that every one will eat [produce] that has been fixed (tithed). But the sages say: they may collect indiscriminately and distribute indiscriminately. And one who wishes to fix [his produce by tithing it], let him fix it.

They may feed demai to the poor and to guests (alt. passing troops). Rabban Gamaliel used to feed demai to his workmen. [As for] charity collectors: Bet Shammai says: they should give tithed [produce] to one who doesn’t tithe, and untithed [produce] to one who does tithe. In this way it will turn out that every one will eat [produce] that has been fixed (tithed). But the sages say: they may collect indiscriminately and distribute indiscriminately. And one who wishes to fix [his produce by tithing it], let him fix it.

One who wants to cut off leaves of vegetables in order to lighten his burden, he may not throw them down until he has [first] tithed them. One who takes vegetables from the market [with the intention of buying them], and then decides to put them back, he should not put them back until he has [first] tithed them, for nothing is missing [after they are tithed] except for their quantity. But if he was standing [there and deciding what to] buy and then saw another load of better quality, he may put them back [untithed], since he had not yet drawn them into his possession.

One who wants to cut off leaves of vegetables in order to lighten his burden, he may not throw them down until he has [first] tithed them. One who takes vegetables from the market [with the intention of buying them], and then decides to put them back, he should not put them back until he has [first] tithed them, for nothing is missing [after they are tithed] except for their quantity. But if he was standing [there and deciding what to] buy and then saw another load of better quality, he may put them back [untithed], since he had not yet drawn them into his possession.

One who wants to cut off leaves of vegetables in order to lighten his burden, he may not throw them down until he has [first] tithed them. One who takes vegetables from the market [with the intention of buying them], and then decides to put them back, he should not put them back until he has [first] tithed them, for nothing is missing [after they are tithed] except for their quantity. But if he was standing [there and deciding what to] buy and then saw another load of better quality, he may put them back [untithed], since he had not yet drawn them into his possession.

If one finds produce on the road and picks it up in order to eat it, and then decides to hide it, he may not hide it unless he has [first] tithed it. But if from the outset he picked it up only in order to guard it against being destroyed, he is exempt [from tithing it]. Any produce which one may not sell [in the condition of] demai, he may not send it [as a gift] to his friend [in the condition of] demai. Rabbi Yose permits [one to send as a gift produce] that is certainly untithed, on condition that he makes the matter known to the recipient.

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.

One who vowed [that his friend could not benefit from him] unless he eats with him, and the friend does not trust him in respect of tithes, he may eat with him on the first Shabbat even though he does not trust him in respect of tithes, provided that his friend said to him that the food had been tithed. But on the second week, even though he had vowed that he would not benefit from him, he may not eat with him unless he first tithed [the produce].

One who vowed [that his friend could not benefit from him] unless he eats with him, and the friend does not trust him in respect of tithes, he may eat with him on the first Shabbat even though he does not trust him in respect of tithes, provided that his friend said to him that the food had been tithed. But on the second week, even though he had vowed that he would not benefit from him, he may not eat with him unless he first tithed [the produce].

One who had designated the terumat maaser of demai, or the poor man’s tithe of produce that had certainly not been tithed, he should not separate them on Shabbat. But if the priest or the poor man regularly ate with him, they may come and eat provided that he informs them.

If donkey-drivers entered a city and one of them declared: “My produce is new but my friend’s produce is old,” or, “My produce has not been tithed but my friend’s produce has been tithed,” they may not be trusted. Rabbi Judah says: they may be trusted.

If donkey-drivers entered a city and one of them declared: “My produce is new but my friend’s produce is old,” or, “My produce has not been tithed but my friend’s produce has been tithed,” they may not be trusted. Rabbi Judah says: they may be trusted.

One who sells produce in Syria and declared “It was grown in the land of Israel,” the purchaser must tithe it. [But if he also said], “It has been tithed,” he may be trusted, because the mouth that forbade is the same mouth that permitted. [If he said: The produce is] from my own field,” the purchaser must tithe it. [But if he added:] “It has already been tithed,” he may be trusted, because the mouth that forbade is the same mouth that permitted. If it was known that he had a field in Syria, the purchaser must tithe it.

One who sells produce in Syria and declared “It was grown in the land of Israel,” the purchaser must tithe it. [But if he also said], “It has been tithed,” he may be trusted, because the mouth that forbade is the same mouth that permitted. [If he said: The produce is] from my own field,” the purchaser must tithe it. [But if he added:] “It has already been tithed,” he may be trusted, because the mouth that forbade is the same mouth that permitted. If it was known that he had a field in Syria, the purchaser must tithe it.

If an am haaretz said to a chaver, “Buy me a bundle of vegetables,” or: “Buy me a loaf of bread,” the chaver may buy it without checking [whether it had been tithed], and he is exempt [from tithing it]. But if the chaver said: “This one I am buying for myself and this one for my friend,” and they got mixed up, he must tithe [them both], even if there were one hundred [for the am haaretz.]

There were before him two baskets full of tevel, and he said: “Let the tithes of this [basket] be in that [basket],” the first [basket] is tithed. [If he said:] “Let the tithes of this [basket] be in that [basket], and the tithes of that [basket] in this [basket],” the first basket is tithed [whereas the second is not]. [If he said:] “Let the tithes be so that the tithes of each basket be in the other,” he has designated [the tithes of either basket].

There were before him two baskets full of tevel, and he said: “Let the tithes of this [basket] be in that [basket],” the first [basket] is tithed. [If he said:] “Let the tithes of this [basket] be in that [basket], and the tithes of that [basket] in this [basket],” the first basket is tithed [whereas the second is not]. [If he said:] “Let the tithes be so that the tithes of each basket be in the other,” he has designated [the tithes of either basket].

Rice, millet, poppy and sesame that had taken root before Rosh Hashanah must be tithed according to the previous year, and are permissible in the seventh year. If they did not then they are forbidden in the seventh year, and are tithed according to the year following.

Rice, millet, poppy and sesame that had taken root before Rosh Hashanah must be tithed according to the previous year, and are permissible in the seventh year. If they did not then they are forbidden in the seventh year, and are tithed according to the year following.

Seedless onions and Egyptian beans from which he withheld water for thirty days prior to Rosh Hashanah are tithed with the preceding year, and are permitted in the seventh year. And if not, they are forbidden in the seventh, and are tithed according to the following year. And [seedless onions and Egyptian beans grown in a] rain-irrigated field from which two periods of rain have been withheld, the words of Rabbi Meir. But the sages say: three.

Seedless onions and Egyptian beans from which he withheld water for thirty days prior to Rosh Hashanah are tithed with the preceding year, and are permitted in the seventh year. And if not, they are forbidden in the seventh, and are tithed according to the following year. And [seedless onions and Egyptian beans grown in a] rain-irrigated field from which two periods of rain have been withheld, the words of Rabbi Meir. But the sages say: three.

Olives, as soon as they can produce a quarter log [of oil] for each se'ah, they may be split and eaten in a field. When they produce a half-log, then he may crush them in a field and use their oil. When they have reached a third [of their overall potential], they may be crushed in the field and brought home. And similarly in the other years of the sabbatical cycle [when they have reached this latter stage] they are subject to tithes. With all other fruit of trees [the season when they become due to be tithed] is the season when they are permitted in the seventh year.

One who eats terumah unwittingly must repay its value plus a fifth, whether he eats it or drinks it, or anoints himself with it, or whether the terumah is clean or unclean. [If he eats the added fifth] he must pay its fifth, and a fifth of that fifth. He may not repay with terumah, but rather with tithed hullin, which becomes terumah. And whatever may be repaid in its place also becomes terumah and if the priest wishes to forego [the fine], he cannot do so.

One who says to his friend: “Here is this issar, give me five figs for it”, he may not eat of [them] until he has tithed them, the words of Rabbi Meir. Rabbi Judah says: if he ate them one by one, he is exempt, but if he gathered them [to eat them] together, he is liable [to tithe.] Rabbi Judah said: it happened in a rose-garden in Jerusalem that there were figs being sold three or four for an issar, and neither terumah nor tithe was ever given from it.

Children who have hidden figs [in the field] for Shabbat and they forgot to tithe them, they must not be eaten after Shabbat until they have been tithed. In the case of a basket of fruits for Shabbat: Bet Shammai exempt it from tithes; But Bet Hillel makes it liable. Rabbi Judah says: even one who has gathered a basket of fruit to send as a present to his friend, must not eat of them, until they have been tithed.

Children who have hidden figs [in the field] for Shabbat and they forgot to tithe them, they must not be eaten after Shabbat until they have been tithed. In the case of a basket of fruits for Shabbat: Bet Shammai exempt it from tithes; But Bet Hillel makes it liable. Rabbi Judah says: even one who has gathered a basket of fruit to send as a present to his friend, must not eat of them, until they have been tithed.

One who husks barley may husk one at a time and eat [without tithing], but if he husked and put them into his hand, he is liable [to tithe]. One who rubs [ears of] wheat may blow out [the chaff of the wheat] from hand to hand and eat, but if he blows and puts the grain in his lap he is liable. Coriander which was sown for the sake of the seed, the plant is exempt [from tithes]. If he sowed it for the sake of the plant then both the seed and the plant must be tithed. Rabbi Eliezer said: as for dill, tithe must be given from the seed and the plant, and the pods. But the sages say: only in the case of cress and eruca are both the seeds and plant tithed.

One who husks barley may husk one at a time and eat [without tithing], but if he husked and put them into his hand, he is liable [to tithe]. One who rubs [ears of] wheat may blow out [the chaff of the wheat] from hand to hand and eat, but if he blows and puts the grain in his lap he is liable. Coriander which was sown for the sake of the seed, the plant is exempt [from tithes]. If he sowed it for the sake of the plant then both the seed and the plant must be tithed. Rabbi Eliezer said: as for dill, tithe must be given from the seed and the plant, and the pods. But the sages say: only in the case of cress and eruca are both the seeds and plant tithed.

Rabban Gamaliel says: shoots of fenugreek, of mustard, and of white beans are liable [to tithe]. Rabbi Eliezer says: as for the caper bush, tithes must be given from the shoots, the berries and the blossoms. Rabbi Akiba says: only the berries are tithed since they [alone] count as fruit.

Similarly one who dedicates his produce prior to the stage when they are subject to tithes and then redeemed them, they are liable [to be tithed]. If [he dedicated them] when they had already become subject to tithes and then redeemed them, they are liable [to be tithed]. If he dedicated them before they had ripened, and they became ripe while in the possession of the [Temple] treasurer, and he then redeemed them, they are exempt, since at the time when they would have been liable, they were exempt.

Similarly one who dedicates his produce prior to the stage when they are subject to tithes and then redeemed them, they are liable [to be tithed]. If [he dedicated them] when they had already become subject to tithes and then redeemed them, they are liable [to be tithed]. If he dedicated them before they had ripened, and they became ripe while in the possession of the [Temple] treasurer, and he then redeemed them, they are exempt, since at the time when they would have been liable, they were exempt.

A person must say three things in his house on the eve of Shabbat just before night: Have you separated tithes? Have you prepared the ‘eruv? Kindle the [Shabbat] lamp. If it is doubtful, whether it is night or not, they do not tithe that which is certainly [untithed], they do not immerse utensils, and they do not kindle the lights. But they can tithe doubtfully tithed produce, and they can set up an eruv, and they can store hot food.

One may clear away even four or five baskets of straw or produce to make room for guests or on account of the neglect of the study hall, but not the storehouse. One may clear away pure terumah, doubtfully tithed produce, the first tithe whose terumah has been separated, redeemed second tithe and sanctified things, and dry lupinus, because it is food for goats. But [one may] not [clear away] untithed produce, first tithe whose terumah has not been taken, unredeemed second tithe and sanctified things, luf or mustard. Rabban Shimon b. Gamaliel permits [it] in the case of luf, because it is food for ravens.

They may also surround [the camp] with reeds, provided there is no [gap of] three handbreadths between one reed and the next. [The rabbis] spoke only of a caravan, the words of Rabbi Judah. But the sages say that they only spoke of a caravan because it is a usual occurrence. Any partition that is not [made up of] both vertical and horizontal [pieces] is not a valid partition, the words of Rabbi Yose bar Judah. But the sages say: one of the two [is sufficient]. They exempted four obligations [to soldiers] in an encampment: They may bring wood from anywhere; they are exempt from the washing of the hands, and from [separating tithes from] doubtfully tithed produce (demai) and from the setting up an eruv.

They may make an eruv with demai (doubtfully tithed produce), or with first tithe from which terumah had been taken, or with second tithe or consecrated [food] that have been redeemed; and priests [may make their eruv] with hallah and terumah. [It may] not [be prepared], with untithed produce, nor with first tithe from which terumah has not been taken, nor with second tithe or consecrated [food] that have not been redeemed. One who sends his eruv in the hands of a deaf-mute, imbecile or a minor, or with one who does not admit [the principle of] eruv, the eruv is not valid. If, however, he instructed another person to receive it from him, the eruv is valid.

An etrog which is stolen or withered is invalid. One from an asherah or a condemned city is invalid. Of orlah or of unclean terumah it is invalid. Of clean terumah, he should not take it, but if he did take it, it is valid. Of demai (doubtfully-tithed): Bet Shammai says it invalid, And Bet Hillel says it valid. Of second tithe, it should not be taken [even] in Jerusalem, but if he took it, it is valid.

Yohanan the high priest brought to an end the confession made at the presentation of the tithe. He also discontinued the wakers and the knockers Up to his days the hammer used to strike in Jerusalem, And in his days there was no need to inquire about doubtfully tithed produce.

There are five cases in which one must add a fifth: One who eats terumah, or the terumah taken from the tithe, or the terumah from a tithe taken from doubtfully tithed produce, or dough offering, or first fruits, must add a fifth [to the value of the principle when he makes restitution]. One that redeems [the fruit of] a fourth year plant, or his second tithe, must add a fifth. One that redeems that which he dedicated [to the Temple] must add a fifth. One that derives a perutah’s worth of benefit from that which belongs to the sanctuary must add a fifth [when he makes restitution]. One who steals that which is worth a perutah from his fellow must add a fifth [when he makes restitution].

If one hired laborers to work among his fourth-year plantings, they not eat from them. If he had not told them [that they were fourth-year plantings] he must first redeem the fruit and then allow them to eat. If his fig-cakes broke up or his jars burst open, they may not eat from them. If he had not told them [that they were liable to be tithed] he must first separate the tithes and then allow them to eat.

An unclean person who ate holy meat (Leviticus 7:20, 12:4); One who entered the sanctuary while unclean (Leviticus 12:4, Numbers 5:3, 19:13); One who ate forbidden fat or blood (Leviticus 3:16, 7:23-27); Or leftover sacrificial meats (Leviticus 19:6-8); Or sacrifices that had been offered up with improper intention (Leviticus 7:18); Or [an offering] that has became unclean (Leviticus 7:19); One who slaughters, or offers up a sacrifice, outside the Temple precincts (Leviticus 17:4); One who ate leavened [bread] during Passover (Exodus 12:15,; One who partakes of food [or drink] or does work on the Day of Atonement (Leviticus 23:27-31); One who puts together the ingredients for the [anointing] oil, or the ingredients for the incense, or anoints with the oil for anointing (Exodus 30:22-28): One who eats an animal that died a natural death (Deuteronomy 14:21); Or was improperly slaughtered (Exodus 22:30); Or any of the [creatures deemed] ‘abominable’ and ‘teeming’ (Leviticus 11:11,. One who eats non-tithed produce, or first-tithe from which heave offering has not been removed, or unredeemed second-tithe, or unredeemed sanctified property. How much untithed produce is one to eat to become liable? Rabbi Shimon says: “Any amount.” The Sages say: “An olive's size.” Rabbi Shimon said to them: “Do you not admit that if one ate the minutest ant that he would be liable? They said to him: “[Only] because it is a whole creature.” He said to them: “Even a grain of wheat is a whole entity.”

If one donkey had given birth before and one had not given birth before and they gave birth to two males, he gives one lamb to the priest. [If they gave birth to] a male and a female, he sets aside one lamb [which he keeps] for himself. For it says, “And the firstling of a donkey you shall redeem with a lamb” (Exodus 34:20), [the lamb can come either] from the sheep or the goats, male or female, large or small, unblemished or blemished. He can redeem with the same lamb many times. [And the lamb] enters the pen to be tithed. If it dies [before he gives it to the priest], he can benefit from it.

All dedicated animals which became unfit [for the altar] are sold in a market, slaughtered in a market and weighed by the liter, except for a first born or a tithed animal, as their profit goes to the owners, [whereas] the profit on dedicated objects which became unfit goes to the Temple. One can weigh one piece of meat of the first-born against another piece of ordinary meat.

A priest is trusted to say, “I have shown this first born [to an expert] and it is blemished.” All are trust worthy with regard to the blemishes of a tithed animal. A first born whose eye was blinded or whose fore-foot was cut off, or whose hind-leg was broken, may be slaughtered with the approval of three [persons] of the synagogue. But Rabbi Yose says: even if twenty-three were present, it must not be slaughtered except with the approval of an expert.

The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist, [It applies] to hullin (non-sacred) animals only but not to consecrated animals. It applies both to cattle and flock animals, but they are not tithed together. To lambs and to goats, and they are tithed together. To the new and the old, but they are not tithed together. Now it might be logical: seeing that new and old animals which are not treated as kilayim in regard to one another are yet not tithed one for the other, lambs and goats which are treated as kilyaim in regard to one another, all the more should not be tithed one for the other. Scripture therefore states: “And of the flock” all kinds of flock are considered one [for purposes of tithing].

The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist, [It applies] to hullin (non-sacred) animals only but not to consecrated animals. It applies both to cattle and flock animals, but they are not tithed together. To lambs and to goats, and they are tithed together. To the new and the old, but they are not tithed together. Now it might be logical: seeing that new and old animals which are not treated as kilayim in regard to one another are yet not tithed one for the other, lambs and goats which are treated as kilyaim in regard to one another, all the more should not be tithed one for the other. Scripture therefore states: “And of the flock” all kinds of flock are considered one [for purposes of tithing].

The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist, [It applies] to hullin (non-sacred) animals only but not to consecrated animals. It applies both to cattle and flock animals, but they are not tithed together. To lambs and to goats, and they are tithed together. To the new and the old, but they are not tithed together. Now it might be logical: seeing that new and old animals which are not treated as kilayim in regard to one another are yet not tithed one for the other, lambs and goats which are treated as kilyaim in regard to one another, all the more should not be tithed one for the other. Scripture therefore states: “And of the flock” all kinds of flock are considered one [for purposes of tithing].

The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist, [It applies] to hullin (non-sacred) animals only but not to consecrated animals. It applies both to cattle and flock animals, but they are not tithed together. To lambs and to goats, and they are tithed together. To the new and the old, but they are not tithed together. Now it might be logical: seeing that new and old animals which are not treated as kilayim in regard to one another are yet not tithed one for the other, lambs and goats which are treated as kilyaim in regard to one another, all the more should not be tithed one for the other. Scripture therefore states: “And of the flock” all kinds of flock are considered one [for purposes of tithing].

The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist, [It applies] to hullin (non-sacred) animals only but not to consecrated animals. It applies both to cattle and flock animals, but they are not tithed together. To lambs and to goats, and they are tithed together. To the new and the old, but they are not tithed together. Now it might be logical: seeing that new and old animals which are not treated as kilayim in regard to one another are yet not tithed one for the other, lambs and goats which are treated as kilyaim in regard to one another, all the more should not be tithed one for the other. Scripture therefore states: “And of the flock” all kinds of flock are considered one [for purposes of tithing].

All [domesticated animals] enter the shed to be tithed except kilayim, a terefah, offspring brought forth by means of a caesarean section, an animal too young for sacrifice, and an “orphan”. And what is an “orphan”? When its mother has died during its birth or was slaughtered [and subsequently gave birth.] But Rabbi Joshua says: even if the mother has been killed, if the hide is still intact the offspring is not an ‘orphan’ animal.

There are three periods [lit. threshing floors] for the tithe of cattle: in the peras of Pesah, in the peras of Atzeret (Shavuot) and in the peras of the Feast [of Sukkot], the words of Rabbi Akiva. Ben Azzai says: on the twenty-ninth of Adar, on the first of Sivan and on the twenty-ninth of Av. Rabbi Eliezer and Rabbi Shimon say: on the first of Nisan, on the first of Sivan and on the twenty-ninth of Elul. And why did they say the twenty-ninth of Elul and not the first of Tishrei? Because it is a Yom Tov and you cannot tithe on a Yom Tov. Consequently they moved it up to the twenty-ninth of Elul. Rabbi Meir says: the first of Elul is the New Year for the tithe of cattle. Ben Azzai says: those born in Elul are tithed by themselves.

How does one tithe animals? He brings them to a shed and makes for them a small opening so that two cannot go out at the same time. And he counts them with a rod: one, two, three, four, five, six, seven, eight, nine. And the one that comes out tenth he marks with red chalk and he says: “Behold, this is [the tithe].” If he did not mark it, or if he did not count them with a rod, or if he counted them while they were crouching or standing, they are still considered tithed. If he had one hundred [lambs] and he took ten or if he had ten and he took one [without counting], this is not [a valid] tithe. Rabbi Yose bar Judah says: this is a [valid] tithe. If one [of the lambs] already counted jumped back into the flock [in the shed] they are all exempt. If one of the lambs that was a tithe jumped back into the flock [in the shed], they all go to pasture until they become unfit for sacrifice, and the owners may eat them in their unfit state.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy.

The pomegranate of which they spoke refers to one that is neither small nor big but of moderate size. And why did they mention the pomegranates of Baddan? That whatever their quantity they cause [other pomegranates] to be forbidden, the words of Rabbi Meir. Rabbi Yohanan ben Nuri said: to use them as a measure for holes in vessels. Rabbi Akiva said: they were mentioned for both reasons: that they are to be used as a measure for holes in vessels and that whatever their quantity they cause [other pomegranates] to be forbidden. Rabbi Yose said: the pomegranates of Baddan and the leeks of Geba were mentioned only to indicate that they must be tithed everywhere with certain tithe.

“If one ate demay.” This means that, if one ate produce which perhaps was tithed and perhaps was not tithed, one invites him. Rebbi Simeon, the brother of Rebbi Berekhiah: At the time when they were instituting demai, most of the unlearned brought the harvest into their houses. Which one says that? “One invites the Samaritan.” And is that Samaritan not doubtful? Rebbi Abba said, explain it following what is said: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel says, a Samaritan is like a Jew in all respects.

“If one ate demay.” This means that, if one ate produce which perhaps was tithed and perhaps was not tithed, one invites him. Rebbi Simeon, the brother of Rebbi Berekhiah: At the time when they were instituting demai, most of the unlearned brought the harvest into their houses. Which one says that? “One invites the Samaritan.” And is that Samaritan not doubtful? Rebbi Abba said, explain it following what is said: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel says, a Samaritan is like a Jew in all respects.

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

Rebbi Ḥiyya bar Ada asked before Rebbi Mana: From whom did this man buy? If from a Jew it is demay, from a Gentile certain. Explain that if the trader was a Gentile and both Jew and Gentile deliver to him, it is demay. Rav Hoshaia objected, does not the Mishnah support Rebbi Joḥanan? As it was stated: “Rebbi Jehudah said, they only mentioned pomegranates from Badan and grain from Geba because they must be tithed as certain everywhere.” What are we talking about? If he bought from a Jew, can it be pronounced certain? But we must deal with a Gentile. Hence, all other things are tithed as demay. Rebbi Samuel bar Rav Isaac said, we deal with certain produce from a Jew. Explain it that there was a powerful overseer of markets who exerted pressure to sell at low prices, and they permitted him to sell ṭevel and let the buyer beware for himself.

Rebbi Ḥiyya bar Ada asked before Rebbi Mana: From whom did this man buy? If from a Jew it is demay, from a Gentile certain. Explain that if the trader was a Gentile and both Jew and Gentile deliver to him, it is demay. Rav Hoshaia objected, does not the Mishnah support Rebbi Joḥanan? As it was stated: “Rebbi Jehudah said, they only mentioned pomegranates from Badan and grain from Geba because they must be tithed as certain everywhere.” What are we talking about? If he bought from a Jew, can it be pronounced certain? But we must deal with a Gentile. Hence, all other things are tithed as demay. Rebbi Samuel bar Rav Isaac said, we deal with certain produce from a Jew. Explain it that there was a powerful overseer of markets who exerted pressure to sell at low prices, and they permitted him to sell ṭevel and let the buyer beware for himself.

It was stated: “A ḥaver should not serve as waiter at the wedding feast of an am haäreẓ or the dinner of an am haäreẓ except when everything was in order and tithed under his control, even the wine ladle. But if a ḥaver acted as waiter at the wedding feast of an am haäreẓ or the dinner of an am haäreẓ this is prima facie evidence for tithes. If one saw him lying on a couch it would not be prima facie evidence, since I say that he is lying on the couch after making the required mental stipulations. If his son is lying down next to him, he has to tithe for him; he does not have to tithe for another ḥaver.”

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

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

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

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

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

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

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

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

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

HALAKHAH: The colleagues in the name of Rebbi Joḥanan: They permitted it because of the glory of the Sabbath. If it is because of the glory of the Sabbath, why does he have to ask him? By way of finding a cause. Rebbi Bibi in the name of Rebbi Ḥanina: The fear of the Sabbath is on him and he will speak the truth. If the fear of the Sabbath is on him, why did we state that at nightfall, when the Sabbath ends, he may not eat until he tithed? Because of one who does not fear the Sabbath. It was stated: “If he asks him on weekdays, he may not eat on the Sabbath.” According to him who says that the fear of the Sabbath is on him, this is fine. According to him who says that it is because of the glory of the Sabbath; when he asks him on weekdays, should he not eat on the Sabbath?

May one eat on the question of another person? How is that understood? If two persons bought at the same time from him, if one of them asked him, the other may not eat until he tithed or also asked; I say he tithed one batch, but not the other. If one person bought from him two fig cakes and asked him about one of them, he may not eat from the second cake until he tithed or asked him; I say that he tithed one but not the other. At nightfall when Sabbath ends, he tithes from one on the other. According to him who says that it is because of the glory of the Sabbath, this is fine. According to him who says that the fear of the Sabbath is on him, why should he be able to tithe from one on the other?

May one eat on the question of another person? How is that understood? If two persons bought at the same time from him, if one of them asked him, the other may not eat until he tithed or also asked; I say he tithed one batch, but not the other. If one person bought from him two fig cakes and asked him about one of them, he may not eat from the second cake until he tithed or asked him; I say that he tithed one but not the other. At nightfall when Sabbath ends, he tithes from one on the other. According to him who says that it is because of the glory of the Sabbath, this is fine. According to him who says that the fear of the Sabbath is on him, why should he be able to tithe from one on the other?

May one eat on the question of another person? How is that understood? If two persons bought at the same time from him, if one of them asked him, the other may not eat until he tithed or also asked; I say he tithed one batch, but not the other. If one person bought from him two fig cakes and asked him about one of them, he may not eat from the second cake until he tithed or asked him; I say that he tithed one but not the other. At nightfall when Sabbath ends, he tithes from one on the other. According to him who says that it is because of the glory of the Sabbath, this is fine. According to him who says that the fear of the Sabbath is on him, why should he be able to tithe from one on the other?

May one eat on the question of another person? How is that understood? If two persons bought at the same time from him, if one of them asked him, the other may not eat until he tithed or also asked; I say he tithed one batch, but not the other. If one person bought from him two fig cakes and asked him about one of them, he may not eat from the second cake until he tithed or asked him; I say that he tithed one but not the other. At nightfall when Sabbath ends, he tithes from one on the other. According to him who says that it is because of the glory of the Sabbath, this is fine. According to him who says that the fear of the Sabbath is on him, why should he be able to tithe from one on the other?

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

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

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

Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Joshua ben Levi, three may tithe without permission: He whose ṭevel was mixed with profane produce. And he who buys from the division of the Samaritans. Rebbi Zeïra said, this implies that he does not take money from the tribe. If you say that he takes money from the tribe, he tithed with permission!

HALAKHAH: It was stated: “If a Jew and a Gentile bought a field in Syria, it is as if ṭevel and tithed produce were mixed together, the words of Rebbi. Rebbi Simeon ben Gamliel says, the Jew’s part is obligated, the Gentile’s part is free.” Rebbi Yasa in the name of Rebbi Ḥanina: When do they disagree? If they split the field while the grain was standing. But if they split grain stacks, even Rabban Simeon ben Gamliel will agree with Rebbi that every single stalk belongs to the partnership. Rebbi Jonah said, Rebbi Yose in the name of Rebbi Joḥanan: When do they disagree? If they split the field while the grain was standing. But if they split sheaves, even Rabban Simeon ben Gamliel will agree with Rebbi that every single stalk belongs to the partnership. According to Rebbi Jonah, what is the difference between stacks and sheaves? If he harvests a small amount and shares with his partner. Rebbi Hoshaia said, that is, if they bought with the idea that they would not split. But if they bought with the idea that they always would split, Rebbi will agree with Rabban Simeon ben Gamliel that his part already belonged to him from the first moment. Rebbi Yose said, the words of the rabbis disagree since Rebbi Abbahu in the name of Rebbi Joḥanan said that partners are the subject of the disagreement between Rebbi and Rabban Simeon ben Gamliel. Are brothers who split not like these partners?

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

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

If a Jew had a sharecropper in Syria who sent him fruits and said that they were tithed; I say that he bought them on the market, if that kind is found on the market. Not only if he does not grow that kind on his field, but even if he does grow that kind on his field; since that kind is found on the market it is permitted.

MISHNAH: If he had before him two baskets of ṭevel and he said, the tithes of one are in the other and those of the other in the one, the first one is tithed; (if he said) their tithes are tithes of each basket in the other one, he gave it a name.

MISHNAH: Rice, millet, poppies, and sesame that took root before the New Year are tithed for the past year and are permitted in the Sabbatical year. Otherwise they are forbidden in the Sabbatical and tithed for the coming year. Rebbi Simeon from Shezur says, Egyptian bean which one sowed originally for its beans has the same rules. Rebbi Simeon says, large peas have the same rules. Rebbi Eleazar says, [only] large peas when they formed pods before the New Year.

MISHNAH: Rice, millet, poppies, and sesame that took root before the New Year are tithed for the past year and are permitted in the Sabbatical year. Otherwise they are forbidden in the Sabbatical and tithed for the coming year. Rebbi Simeon from Shezur says, Egyptian bean which one sowed originally for its beans has the same rules. Rebbi Simeon says, large peas have the same rules. Rebbi Eleazar says, [only] large peas when they formed pods before the New Year.

On which basis did they rule that for vegetables their collection is the time of tithing? (Deut. 16:16) “From your threshing-floor and from your wine-press.” Threshing-floor and wine-press are sustained by the waters of the preceding year, you go for them after the past. These live from the waters of the coming year, you go for them to the future. They objected, but Egyptian beans, if one sowed them for the beans, are tithed for the past, but if he sowed for vegetable, they are tithed for the future. Does it hold a charm [to know that] if one sowed them for the beans, they drink from the past year, but if he sowed them as vegetable, they drink from the future year?

On which basis did they rule that for vegetables their collection is the time of tithing? (Deut. 16:16) “From your threshing-floor and from your wine-press.” Threshing-floor and wine-press are sustained by the waters of the preceding year, you go for them after the past. These live from the waters of the coming year, you go for them to the future. They objected, but Egyptian beans, if one sowed them for the beans, are tithed for the past, but if he sowed for vegetable, they are tithed for the future. Does it hold a charm [to know that] if one sowed them for the beans, they drink from the past year, but if he sowed them as vegetable, they drink from the future year?