untithed

Three that have eaten together, it is their duty to invite [one another to say Birkat Hamazon]. One who ate demai, or first tithe whose terumah has been separated, or second tithe or sanctified property which have been redeemed, or an attendant who has eaten as much as an olive’s worth of food, or a Samaritan may be included [in the three]. But one who ate untithed produce, or first tithe whose terumah has not been separated, or second tithe or sanctified property which have not been redeemed, or an attendant who has eaten less than the quantity of an olive or a Gentile may not be counted.

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.

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 untithed produce from two places, he may tithe from one lot for the other. Although they have said one may not sell untithed produce except in the case of necessity.

One who buys untithed produce from two places, he may tithe from one lot for the other. Although they have said one may not sell untithed produce except in the case of necessity.

If one gave terumah from [produce of] demai for [other produce of] demai, or from [produce of] demai for [produce] which was certainly untithed, [this becomes] terumah, but he must give terumah over again. [If he gave terumah] from [produce] which was certainly untithed for [produce of] demai, [this becomes] terumah, but it may not be eaten until he first gives terumah and tithes for it.

If one gave terumah from [produce of] demai for [other produce of] demai, or from [produce of] demai for [produce] which was certainly untithed, [this becomes] terumah, but he must give terumah over again. [If he gave terumah] from [produce] which was certainly untithed for [produce of] demai, [this becomes] terumah, but it may not be eaten until he first gives terumah and tithes for it.

In all the above cases, if terumah was still in their mouth: Rabbi Eliezer says: they may swallow it. But Rabbi Joshua says: they must spit it out. [If it was said to him], “Your have become unclean”, or “the terumah has become unclean”, Rabbi Eliezer says: he may swallow it. But Rabbi Joshua says: he must spit it out. [If it was said to him], “You were unclean” or “the terumah was unclean”, or it became known that [the food he was eating] was untithed, or that it was first tithe from which terumah had not yet been taken, or second tithe or dedicated produce that had not been redeemed, or if he tasted the taste of a bug in his mouth, he must spit it out.

What grows from terumah is terumah, but that which grows from growths [of terumah] is hullin. As for untithed produce, first tithe, after-growths from the sabbatical year, terumah grown outside the land, mixtures of hullin with terumah (medumma) and first-fruits what grows from them is hullin. What grows from dedicated produce and second tithe is hullin and it is to be redeemed [at its value] at the time when it was sown.

As for untithed produce, what grows from it is permissible if of a kind whose seed disintegrates [in the soil]. But if of a kind whose seed does not disintegrate, then even what grows from plants which grew out of it are forbidden. Which is the kind whose seed does not disintegrate? Like luf, garlic and onions. Rabbi Judah says: garlic is like barley.

He who weeds allium plants (whose seeds do not disintegrate) for a Gentile, even though the produce is untithed he eat from them in a casual fashion. Saplings of terumah which had become unclean and were re-planted, become clean from their uncleanness. But they must not be eaten until the edible part [of the stalk] has been lopped off. Rabbi Judah says: he must [before eating] lop off a second time that which grew on the edible part.

If one had bunches of fenugreek of mixed seeds of the vineyard, they must be burned. If he had bunches of fenugreek of untithed produce, he must beat them and calculate the amount of seed within them and set aside [terumah] from the seed, but he need not separate terumah from the stalks. But if he did set aside [the terumah from the stalks before he beat the bunches] he must not say: “I will beat out [the seed] and take the stalks and give only the seed” but he must give the stalks together with the seed.

A cake of pressed figs [is liable for tithes] from the moment it has been smoothed out [with fruit juice]. They may smooth them out with [the juice of] untithed figs or grapes. Rabbi Judah forbids this. If one smoothed with grapes, it is not susceptible to uncleanness. Rabbi Judah says it is susceptible. Dried figs [are liable to tithe] after they have been pressed [into a jar]. And [figs] stored in a bin [are liable to tithe] after they have been pressed. If one was pressing [the figs] into a jar, or pressing them in a storage bin, and the jar was broken or the storage bin opened, he may not make a chance meal of them. Rabbi Yose permits this.

If one was passing through the street, and said “Take for yourself from my figs,” one may eat them and be exempt from tithes. Therefore if they brought them into their houses, they must separate [tithes and terumah] as if they were certainly untithed. [If he said], “Take and bring it into your houses,” they may not make a chance meal of them. Therefore if they brought them into their houses, they need tithe them only as demai.

One who finds a vessel on which was written a kof, it is korban. If a mem, it is maaser. If a dalet, it is demai. If a tet, it is tevel (untithed produced). If a tav, it is terumah. For in the time of danger people would write a tav for terumah. Rabbi Yose says: they may all stand for the names of people. Rabbi Yose said: even if he finds a jar which was full of produce and on it was written ‘terumah’ it may yet be considered hullin, because I can say that last year it was full of produce of terumah and was afterwards emptied.

One who takes leaven from a dough of wheat [flour] and puts [it] into dough of rice [flour], [then] if it has the taste of grain, it is subject to hallah, [but] if not, it is exempt. If so, why did they say: “Untithed produce of any amount renders food prohibited”? That is [with regard to a mixture of] a species with its own species, but [with regard to a mixture of a species] not with its own species, only when it imparts taste.

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 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.

These are the things with which they fulfill their obligation on Pesah: with wheat, with barley, with spelt, with rye, and with oats. And they fulfill [the obligation] with demai, with first tithe whose terumah has been separated, and with second tithe or sanctified property which have been redeemed; And priests [can fulfill their obligation] with hallah and terumah. But not with untithed produce, nor with first tithe whose terumah has not been separated, nor with second tithe or sanctified property which have not been redeemed. Loaves of the thanksgiving offering and the wafers of a nazirite: If he made them for himself, they cannot fulfill [their obligation] with them; If he made them to sell in the market, they can fulfill [their obligation] with them.

These leave [their marriage] without their ketubah: A wife who transgresses the law of Moses or Jewish law. And what is the law of Moses? Feeding her husband with untithed food, having intercourse with him while in the period of her menstruation, not separating dough offering, or making vows and not fulfilling them. And what is Jewish practice? Going out with her head uncovered, spinning wool in the marketplace or conversing with every man. Abba Shaul says: also one who curses her husband’s parents in his presence. Rabbi Tarfon says: also one who has a loud voice. And who is regarded as one who has a loud voice? A woman whose voice can be heard by her neighbors when she speaks inside her house.

When does he become liable [to be stoned]? Once he has eaten a tartemar of meat and drunk half a log of wine. Rabbi Yose said: “A maneh of meat and a log of wine. If he ate it in a company [celebrating] a religious act; or at a gathering for the purpose of intercalating the month; if he ate the second tithe in Jerusalem; if he ate the carrion or terefoth (meat that was not slaughtered in a kosher fashion), abominable and creeping things, or untithed produce, or the first tithe from which terumah had not been separated, or unredeemed second tithe, or unredeemed sacred food; if his eating involved a religious act or a transgression; if he ate any food but did not eat meat or drank any drink but did not drink wine, he does not become a ‘stubborn and rebellious son’, unless he eats meat and drinks wine, for it is written, “This our son is stubborn and rebellious, he will not obey our voice;] he is a glutton and a drunkard” (Deut. 21:20). Although there is no clear proof for this, there is at least a hint, as it is says, “Do not be among wine drinkers, among gluttonous meat eaters of flesh” (Proverbs 23:20).

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 found produce on the road: If the majority [of the inhabitants] gathered produce into their homes, he is exempt [from tithes]; If [the majority gathered it] for selling in the market, he is liable [for tithes]; If they were half and half, the produce is demai. A granary into which both Israelites and non-Jews put their produce, If the majority were non-Jews, [the produce must be considered] certainly untithed; If the majority were Israelites, [it must be considered] demai; If they were half and half, [it must be considered] certainly untithed, the words of Rabbi Meir. But the sages say: even if they were all non-Jews, and only one Israelite put his produce into the granary, [it must be considered] demai.

If one found produce on the road: If the majority [of the inhabitants] gathered produce into their homes, he is exempt [from tithes]; If [the majority gathered it] for selling in the market, he is liable [for tithes]; If they were half and half, the produce is demai. A granary into which both Israelites and non-Jews put their produce, If the majority were non-Jews, [the produce must be considered] certainly untithed; If the majority were Israelites, [it must be considered] demai; If they were half and half, [it must be considered] certainly untithed, the words of Rabbi Meir. But the sages say: even if they were all non-Jews, and only one Israelite put his produce into the granary, [it must be considered] demai.

MISHNAH: Three persons who ate together are required to “invite”. If one ate demai, or first tithe of which the heave was taken, or second tithe or dedicated foods that were redeemed, or the waiter who ate the volume of an olive, or a Samaritan, these can be invited. But if one ate untithed produce, or first tithe of which the heave was not taken, or the second tithe or dedicated foods that were not redeemed, or the waiter who ate less than the volume of an olive, or a Gentile, these cannot be invited.

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.

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

One who has eaten of the untithed, or the first tithe from which Terumah has not been taken, or the second tithe or food belonging to the Sanctuary which had not been redeemed, and the attendant who has eaten Iess than the size of an olive, and the idolator may not be included for Zimmun. Women, slaves and minors may not be included. How much [must one have eaten at the meal] to be included for Zimmun ? The size of an olive. R. Judah says : The size of an egg.

One who has eaten of the untithed, or the first tithe, etc. [If he has eaten of] the untithed, it is evident [that he should not be included]! No; it was necessary to state it because of the untithed which is so designated by the Rabbis. How is this meant? As referring to that which grows in an unperforated pot.

One who has eaten of the untithed, or the first tithe, etc. [If he has eaten of] the untithed, it is evident [that he should not be included]! No; it was necessary to state it because of the untithed which is so designated by the Rabbis. How is this meant? As referring to that which grows in an unperforated pot.

One who has eaten of the untithed, or the first tithe, etc. [If he has eaten of] the untithed, it is evident [that he should not be included]! No; it was necessary to state it because of the untithed which is so designated by the Rabbis. How is this meant? As referring to that which grows in an unperforated pot.

But isn't R. Judah concerned about the possibility of the wineskin splitting? Surely since the latter part [of the baraita] states: They said to R. Meir, ‘Do you not agree that [we must fear] lest the wineskin split, with the result that he drank untithed [wine] retroactively?’ And he answered them, ‘When the wineskin splits’, it follows [does it not] that R. Judah is concerned about the possibility of the wineskin splitting?

as R. Yitzchak said in the name of R. Yohanan: It is forbidden to eat from an animal from which the priestly dues have not been taken out; and R. Yitzchak further said: To eat from an animal from which the priestly dues have not been taken out is like eating untithed produce. The halakhah does not follow him.

One who eats tevel [untithed produce] or maiser reshon from which terumah was not separated or maiser shenei and hekdesh that were unredeemed.

If one eats Tevel [untithed foods] or Maiser Rishon etc. Rav said, If one ate tevel of maiser ani [all the tithes besides maser ani were already separated] he is liable to malkus.

is it not that in this facet they are arguing, that one holds [produce is still] considered tevel [i.e. untithed, until maser ani is removed as well]. And the other one holds [maser ani] does not render the produce tevel. Abaye said to him. If so [that they argue about whether maser ani can render the produce tevel], then rather than arguing in a case of questionable produce [demai] they should argue in a case where it was known [that maser ani] was not separated.

Rebbi Yossi asked [a possible contradiction from the following baraisa,] A Kohen that held in his hand a fig of tevel [untithed produce], and said that this fig has its Terumah portion in its stem, its maaser rishon in its northern part, and its maaser sheni in its southern part, and it is in a year of Maaser Sheni and he is in Jerusaelem or it is in a year of maaser ani and he is in the outskirts, if he then eats it

If so then what would be the need to say it? [It should have been obvious.] Here we are dealing with a case where he brought it into [Jerusalem] in an untithed state, and he is of the opinion that gifts that weren't yet given are considered as if they were given.

Rava says, the boundary regarding eating is Biblical, but the boundary regarding encompassing is only Rabbinical. And when did the Rabbis decree this rule? Only when it is actually there, but in a case where it is untithed the Rabbis did not apply this rule.