[*** note]The uninstructed ‘People of the land’, the Amme-haaretz, are under suspicion of not giving Tithes from their produce. They are not, however, suspected of not giving Heave-offering, because this has a higher degree of sanctity and is only a light exaction — it may be fulfilled by giving the priest a single grain of wheat. Their produce is styled Demai, doubtful, i.e. it is in doubt whether it has been tithed. Therefore a scrupulous observer of the Law, an ‘Associate’ (see below, 2), who buys produce from an Am-haarets, must still separate from it (a) the portion that is due to the priest out of the First Tithe, namely ‘the Heave-offering of Tithe’, which is one-hundredth part of the demai-produce; and (b) Second Tithe in the years when that applies (the 1st, 2nd, 4th, and 5th years of the sabbatic cycle). The former must be set aside and given to a priest, because the penalty of death (at the hands of Heaven) is incurred by the non-priest who eats of it; and Second Tithe may not be eaten in uncleanness and outside of Jerusalem. He need not, however, do more than ‘designate’ a portion as First Tithe or (in its prescribed years, the 3rd and 6th) Poorman’s Tithe, since the onus rests in such cases on the levite or poor man to prove that the produce has not already paid First Tithe and Poorman’s Tithe. These rules about demai-produce were laid down (Sot. 48a) by Johanan the High Priest (Sot. 9; M. Sh. 5). Characteristically the Mishnah does not state them but takes them for granted.
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- 1.1. The rules about demai-produce do not apply rigidly to wild figs, jujube fruit, hawthorn berries, white figs, sycamore figs, fruit fallen off the date palm, late ripening grapes and thorny-capers; or, in Judea, to sumach, Judean [note] 1 vinegar, and coriander. R. Judah says: All wild figs are exempt excepting those bearing twice a year; [note] 2 all jujube fruits are exempt excepting those of Shikmonah; all sycamore figs are exempt excepting those that [ripen on the tree until they] break open.
- 1.2. The rules of the [Added] Fifth [note] 3 and of Removal [note] 4 do not apply to [Second Tithe from] demai-produce; it may be eaten by a mourner; [note] 5 it may be brought into Jerusalem and taken out; [note] 6 if small in quantity it may be lost by the way; [note] 7 it may be given to an Am-haaretz [note] 8 and the like quantity [of other produce] eaten [in Jerusalem]; [note] 9 [its redemption price] [note] 10 maybe converted to common use, silver [coins] being exchanged for [other] silver [coins], or copper for copper, or silver for copper; and copper [coin that is Second Tithe redemption money may be exchanged] for produce, [note] 11 provided that one again redeems [note] 12 the produce [by money]. So R. Meir. But the Sages say: The produce [itself] is brought up and consumed in Jerusalem.
- 1.3. If a man bought it for sowing or for [feeding] cattle, or if it was meal or [preparing] hides, or oil for the lamp, or oil for greasing utensils, it is exempt from the rules of demai-produce. [Produce from] the country beyond Chezib [note] 13 is exempt from the rules of demai-produce. The Dough-offering [note] 14 of an Am-haaretz, produce mixed with Heave-offering, [note] 15 produce bought with Second Tithe money, and the residues of the Meal-offerings are exempt from the rules of demai-produce. [note] 16 Sweet oil, the School of Shammai declare liable, but the School of Hillel declare it exempt.
- 1.4. demai-produce may be used for an Erub or for Shittuf; [note] 17 the Benediction over food and the Common Grace [note] 18 may be said over it; [Tithes] may be set apart from it [even] if the man be naked, [note] 19 or at twilight [on the eve of Sabbath]. [note] 20 If the Second Tithe is taken from it before the First Tithe it matters naught. [note] 21 The oil with which the weaver greases his fingers is subject to the rules of demai-produce, but the oil which the wool-comber puts on the wool is exempt.
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1 Some texts omit.
2 Or, ‘those of Dufra’. See also Shebi. 9
3 When it is redeemed (Lev. 27). Cf. B.M. 4
4 See Deut. 14; 26. Cf. M. Sh. 5
5 Deut. 26.
6 Contrary to the regular use (M. Sh. 3′)
7 If it is burdensome.
8 Even though he will eat it in uncleanness.
9 In cleanness.
10 To which the sanctity of the Second Tithe is transferred
11 All of which are contrary to the regular use. M. Sh. 2
12 Variant: And he may again redeem.
13 The biblical Achrib, Judg. It was the northernmost town within the borders of Palestine, 9 miles N. of Acre.
14 Num. 15 See p. 83, n. 1.
15 If the Heave-offering is a hundredth part, or more, of the mixture it must, usually, be sold to a priest because of the Heave-offering in it.
16 The Am-haaretz can be presumed to have duly tithed them all owing to the exceptional sanctity attaching to them.
17 See App. I. 8 and 39. See Erub. 3
18 Ber. 7
19 See Ter. 1
20 Sbab. 2.
21See M. Sh. 5; Ter. 3 |
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- 2.1. Tithe must everywhere [note] 22 be given from these things as being demai-poduce: fig-cake, dates, carobs, rice, and cummin; but whosoever uses rice from outside the Land [of Israel] is exempt.
- 2.2. He that undertakes to be trustworthy [note] 23 must give tithe from what he eats and from what he sells and from what he buys [to sell again]; and he may not be the guest of an Am-haaretz. R. Judah says: Even he that is the guest of an Am-haaretz may still be reckoned trustworthy. They replied: He would not be trustworthy in what concerns himself; how then could he be trustworthy in what concerns others? [note] 1
- 2.3. He that undertakes to be an Associate [note] 2 may not sell to an Am-haaretz [foodstuff that is] wet; or dry, or buy from him [foodstuff that is] wet; and he may not be the guest of an Am-haaretz nor may he receive him as a guest in his own raiment. [note] 4 R. Judah says: Nor may he rear small cattle [note] 5 or be profuse in vows or levity or contract uncleanness because of the dead, but he should minister in the House of Study. They said to him: These things come not within the scope of the subject [of the Associate].
- 2.4. If [they that undertake to be Associates are] bakers, the Sages lay upon them only the duty of setting apart [from demai-product] enough for Heave-offering of Tithe and Dough-offering. If [they are] shop-keepers, they may not sell demai-produce. All that deal in large quantitiesmay sell demai-produce. Who are they that deal in large quantities? The like of wholesale merchants and dealers in grain.
- 2.5. R. Meir says: If what is usually measured out in large quantities is measured out in small quantities, the small quantity falls under the rule governing large quantities; if what is usually measured out in small quantities is measured out in large quantities, the large quantity falls under the rule governing small quantities. What is accounted a large quantity? Three kabs dry measure or a denar’s worth of liquid. R. Jose says: If baskets of figs or baskets of grapes or hampers of vegetables are sold by
estimation, they are exempt [from the rules of demai-produce].
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22 Even beyond Chezib.
23 i.e. scrupulous in giving Tidies.
1 For the rule see Bekh. 5
2 One who undertook to observe the Law to the full, in particular the rules of tithing and of cleanness and uncleanness. On the relation of the Associates to the Pharisees, see Moore, iii. 26.
3 Whereby it becomes ‘susceptible to uncleanness*. See p. 758, n. 1.
4 See Hag. 2
5 B.K. 7. Because their habit is to stray into others’ premises and to cause damage. |
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- 3. 1. Demai-produce may be given to the poor and to billeted troops [note] 6 to eat. Rabban Gamaliel used to give demai-prodnct to his labourers to eat. The School of Shammai say: Almoners should give what has been tithed to them that do not give tithe and what is untithed to them that do give tithe; thus all will eat of what is duly tithed. But the Sages say: Almoners may collect food and distribute it regardless [of the rules of demai-produce], and let him that is minded to tithe it [according to the rules of demai-produce] tithe it.
- 3.2. If a man would lop off the leaves of vegetables to lighten his load, he should not throw them away until he has given tithe of them. [note] 7 If he bought vegetables in the market and then [note] 8 determined to give them back, he may not give them back until he has given tithe, since naught was lacking [note] 9 save the numbering. If he was about to buy them but saw a better load, he may retract [and need not give tithe], since he had not drawn [them into his possession].
- 3.3. If he found produce by the way and took it in order to eat it and then determined to put it aside, he may not do so until he has given tithe; but if in the beginning he took it only lest it be lost, he is exempt. Whatsoever a man may not sell if it is demai-prodnct, he may not send [as a gift] to his fellow if it is demat-produce. R. Jose permits [him to send] what is certainly untithed, provided that he makes the matter known
- 3.4. If a man brought his wheat [note] 1 to a miller that was a Samaritan or to a miller that was an Am-haaretz, its condition [after grinding] remains as before in what concerns Tithes and Seventh Year produce; [note] 2 but if he brought it to a miller that was a gentile, [after it has been ground] it is accounted demai-produce. [note] 3 If he gave his produce into the keeping of a Samaritan or an Am-haaretz, its condition remains as before in what concerns Tithes and Seventh Year produce; but if into the keeping of a gentile, it is accounted like to the gentile’s own produce. [note] 4 R. Simeon says: It is accounted demai’-produce.
- 3.5. If a man gave [food to be cooked] to the mistress of the inn he must tithe what he gives her [note] 5 and also what he receives back from her, since she must be suspected of changing it. R. Jose said: We are not answerable for deceivers: he need tithe only what he receives back from her.
- 3.6. If a man gave [food to be cooked] to his mother-in-law he must tithe what he gives her and also what he receives back from her, since she must be suspected of changing what is spoilt. R. Judah said: She has a mind to the well-being of her daughter and feels shame for her son-in-law. R. Judah agrees that if a man gave to his mother-in-law [food that it is lawful to eat] in the Seventh Year, she need not be suspected of changing it and giving her daughter [forbidden] Seventh Year produce to eat.
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6 Or, ‘passing guests’
7 Lest an Am-haaretz pick them up and eat them untithed.
8 Before paying for them.
9 He had already made them his own possession by the act of ‘drawing’ them to himself.
See Kidd. 1; B.M. 4; B.B. 9
1 That was duly tithed.
2 See p. 39, n. 4. The miller is not presumed to have exchanged it for untithed produce or Seventh Year produce that had been bought.
3 He may have exchanged it for produce brought by an Am-haaretz.
4 Which is not subject to tithes.
5 Since an Associate may not give any food not duly tithed, so that others shall be saved from doing wrong. |
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- 4.1. If a man bought produce from one that was not deemed trustworthy in the matter of Tithes, and he forgot to tithe it [on the eve of Sabbath], [note] 6 and he inquired on the Sabbath of him that sold it, he may eat at his word; but if it was already nightfall at the close of the Sabbath he may not eat until he has given tithe. If he could not find him, but another that was not deemed trustworthy in the matter of Tithes said to him, ‘It is already tithed’, he may eat at his word; but if it was already nightfall at the close of the Sabbath he may not eat until he has given tithe. If Heave-offering of Tithe from demai-produce fell back to where it was, R. Simeon of Shezur says: Even on a weekday a man need but inquire of the seller and eat at his word. [note] 7
- 4.2. If a man compels his fellow by a vow to eat with him, and his fellow does not deem him trustworthy in the matter of Tithes, he may eat with him during the first week although he does not deem him trustworthy in the matter of Tithes, provided that the other shall say to him, ‘The food is tithed’; but on the second Sabbath, even if the other vowed to derive no benefit from him [if he ate not with him], he may not eat until he has given tithe.
- 4.3. R. Eliezer says: They need not [even] designate part of demai-produce as Poorman’s Tithe. But the Sages say: They should designate it, but they need not set it apart.
- 4.4. If a man had designated part of demai-prodnce as Heave-offering of Tithe, or part of certainly untithed produce as Poorman’s Tithe, [the priest or the poor man] may not take them on the Sabbath; but if a priest or a poor man was accustomed to eat with him they may come and eat [of them on the Sabbath] provided that he tells them [that what they eat is Heave-offering of Tithe or Poorman’s Tithe].
- 4.5. If a man said to one that was not deemed trustworthy in the matter of Tithes, ‘Buy food for me from some one that is trustworthy’, or ‘from one that pays Tithes’, [the agent] may not be trusted; [but if he said,’Buy it] from such-a-one’, he may be trusted. If he went to buy it from such-a-one but [returned and] said, ‘I did not find him and I bought it for thee from another that is trustworthy’, he may not be deemed trustworthy.
- 4.6. If a man entered a city where he knew no one, and said, ‘Who is there here that is trustworthy? Who is there here that pays Tithes?’ and one said to him, I, he may not be believed; but if he said, ‘Such-a-one is trustworthy’, he may be believed. If he went to buy from him and said to him, ‘Who is there here that sells old produce?’ [note] 1 and he answered, ‘He
that sent thee to me’, although they seem like them that requite one another, they may be believed.
- 4.7. If ass-drivers entered a city and the one said, ‘My produce is new and that of my fellow is old’, or ‘My produce is not duly tithed but that of my fellow is duly tithed’, they may not be believed. R. Judah says: They may be believed.
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6 It is forbidden to tithe on the Sabbath (Shab.2)
7 That it was, indeed, duly tithed from the first
1 Last year’s harvest. Produce of the current year is forbidden unless the omer has first been reaped and offered. |
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- 5.1. If a man bought bread from the baker [note] 2 how should he apportion the Tithe? He should take[note] 3 sufficient for Heave-offering of Tithe and for Dough-offering, [note] 4 and say: The hundredth part of what is here, to this side, shall be [Heave-offering of] Tithe, with the rest of the [First] Tithe adjoining it; that which I first made Tithe shall be Heave-offering of Tithe for the rest; and the rest [which I set apart] shall be Dough-offering; let what is to the north or south of it be Second Tithe and rendered free for common use by [the setting aside of its redemption] money.
- 5.2. If a man was minded to set apart Heave-offering and Heave-offering of Tithe together [from certainly untithed produce], [note] 5 he should take one part in thirty-three and a third, and say: Let one hundredth part of what is here, to this side, be common food, and the rest [note] 6 Heave-offering for the whole; and let the one hundredth part of common food that is here, at this side, be Tithe with the rest of the [First] Tithe adjoining it; and let that part which I made Tithe be Heave-offering of Tithe for the rest of the [First] Tithe; and the rest [which I set apart] shall be Dough-offering; let what is to the north or south of it be Second Tithe and rendered free for common use by [the setting aside of its redemption] money.
- 5.3. If a man bought from the baker he may give Tithe from what is freshly baked instead of from stale bread, or from stale bread instead of from what is freshly baked, even though they are of many [diverse] moulds. So R. Meir. R. Judah forbids it since one may suppose that wheat of yesterday came from one man [and was untithed] while that of to-day came from another [and was tithed]. R. Simeon forbids it with Heave-offering of Tithe but permits it with Dough-offering.
- 5.4. If a man bought from a bread shop he should give Tithe from each separate kind. So R. Meir. R. Judah says: [He may give tithe] from one for them all. R. Judah agrees that if a man bought from a dealer [note] 1 that buys from many bakers, he must give Tithe from every kind. [note] 2
- 5.5. If a man bought from the poor (so, too, if a poor man is given pieces of bread or fragments of fig-cake) he must give Tithe from every kind; but if [he bought] dates and dried figs he may mix them together and [then] give Tithe. R. Judah said: This applies when the gift is large; but when the gift is small he must give Tithe from every kind.
- 5.6. If a man bought from a provision-dealer and bought from him again a second time, he may not give Tithe from the one purchase for the other, although they are from the same store-basket or of the same kind. But the provision-dealer may be believed if he says, ‘They are from the same stock’.
- 5.7. If a man bought from a householder and bought from him again a second time, he may give Tithe from the one purchase for the other, even though they are from two hampers or from two towns. If a householder sold vegetables in the market and they were brought to him from his own gardens, [he that buys] may give Tithe from one kind for all; but if from other gardens, he must give Tithe from each kind.
- 5.8. If a man bought untithed produce from two places he may give Tithe from the one for the other. Yet although they have said this, none may sell untithed produce except of necessity.
- 5.9. Tithe may be given from what is bought from an Israelite for what is bought from a gentile, or from what is bought from a gentile for what is bought from an Israelite; or from what is bought from an Israelite for what is bought from Samaritans, or from what is bought from Samaritans for what is bought from [other] Samaritans. R. Eliezer forbids the tithing of what is bought from [certain] Samaritans for what is bought from [other] Samaritans.
- 5.10. A holed plant-pot is reckoned like to the ground itself. [note] 3 If a man gave Heave-offering from what grows from the earth for what grows in a holed plant-pot, his Heave-offering is valid; if from what grows in an unholed plant-pot for what grows in a holed plant-pot, the Heave-offering is accounted valid, yet he must give Heave-offering afresh; if from what grows in a holed plant-pot for what grows in an unholed plant-pot, the Heave-offering is accounted valid, yet [note] 4 it may not be consumed until
Heave-offering and Tithes have been taken from it.
- 5.11. If a man gave Heave-offering from demai’-produce for [other]
demai-produce, or from demai-produce for produce certainly untithed, the
Heave-offering is accounted valid, but he must give Heave-offering afresh;
but if from produce certainly untithed for demai- produce, the Heave-offer-
ing is accounted valid, yet it may not be consumed until Heave-offering
and Tithes have been taken from it.
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2 Whose bread must be deemed demai-produce
3 Designate but not separate
4 See p 83 n 1
5 This Mishnah is not concerned with demai-produce
6 ie the remaining 2 hundreths of a whole
1 Heb. monopol, one having the sole right of selling bread.
2 In this and the two following paragraphs die principle observed is to avoid giving tithe from what may be already tithed for what has not been tithed; or from what is exempt from tithes for what is not exempt.
3 What grows from it is subject to Heave-offering and Tithes, but what grows from art unholed plant-pot is exempt,
4 Produce of the holed plant-pot is still unpermitted until it is duly tithed for its own sake. |
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- 6. 1. If a man leased [note] 5 a field from an Israelite, a gentile, or a Samaritan, he must divide [the produce] in their presence. [note] 6 If he hired [note] 7 a field from an Israelite he must first separate Heave-offering and [then] give [the ownerthe produce prescribed as rent]. R. Judah said: This applies when he pays him from the same field or from the same kind of produce; but when he pays him from another field or from another kind of produce, he must separate Tithes as well [note] 1 and then make payment.
- 6.2. If he hired a field from a gentile he must set aside Tithes [as well as Heave-offering] and then make payment. R. Judah says: Also if he leased from a gentile the field of his fathers he must set aside Tithes as well andthen make payment.
- 6.3. If a priest or levite leased a field from an Israelite, they [and the owner] share in the Heave-offering as well as in the common produce. R. Eliezer says: The Tithes belong to them, for on this condition would they have come [to cultivate the field].
- 6.4. If an Israelite leased a field from a priest or levite, the Tithes belong to the owner. R. Ishmael says: If a man from the provinces leased a field from a man of Jerusalem, the Second Tithe belongs to the man of Jerusalem. But the Sages say: The man from the provinces is able himself to go up and consume it in Jerusalem. [note] 2
- 6.5. If a man [note] 3 leased olive trees for to gather the oil, he and the owner share in the Heave-offering as well as in the common produce. R. Judah says: If an Israelite leased olive trees from a priest or levite for to gather the oil, on condition of receiving half of the profit, the Tithes belong to the owner.
- 6.6. The School of Shammai say: A man may sell his olives only to an Associate. The School of Hillel say: Even to one that [only] pays Tithes. [note] 4 Yet the more scrupulous of the School of Hillel used to observe the words of the School of Shammai.
- 6.7. If two men gathered their grapes and brought them to the winepress, and one of them pays Tithes and the other does not, he that pays Tithes may pay what is incumbent on him, and his portion may be wheresoever he will.
- 6.8. If two men leased a field, or inherited it, or became jointholders, [and the one was an Associate and the other an Am-haaretz], the one may say: ‘Do thou take the wheat from this place and I will take it from that’, or ‘Do thou take wine from this place and I will take it from that’; but he may not say, ‘Do thou take wheat and I will take barley’, or ‘Do thou take wine and I will take oil’. [note] 5
- 6.9. If an Associate and an Am-haaretz inherited jointly from their father who was an Am-haaretz, the Associate may say to the other, ‘Do thou take the wheat that is in this place and I will take the wheat that is in that place’, or ‘Do thou take the wine that is in this place and I will take the wine that is in that place’; but he may not say to the other, ‘Do thou take the wheat and I will take the barley’, or ‘Do thou take the wet produce and I will take the dry’.
- 6.10. If a proselyte and a gentile inherited jointly from their father who was a gentile, the proselyte may say to the other, ‘Do thou take what pertains to idolatry and I will take the money’, or ‘Do thou take the wine and I will take the produce’; but after the property has come into the possession of the proselyte it is forbidden to him. [note] 1
- 6.11. If a man sold produce in Syria [note] 2 and said, ‘It is from the Land of Israel’, Tithes must be paid from it. [If he said,] ‘It is already tithed’, he may be believed, since the mouth that forbids is the mouth that permits. [note] 3 [If he said ,] ‘It is of my own [growing]’, [note] 4 it must be tithed; [but if he said,] ‘It is already tithed’, he may be believed, since the mouth that forbids is
the mouth that permits; and if it was known that he had another field in Syria, the produce must be tithed.
- 6.12. If an Am-haaretz said to an Associate, ‘Buy me a bunch of vegetables’, or ‘Buy me a loaf of bread’, he may buy it [as well as what he buys for himself] without regard to which is for himself and which is for his fellow and be exempt [from tithing that of his fellow]; but if he had said, ‘This I buy for myself and this for my fellow’, and then they were confused together, he must tithe [them both], even if [what belongs to his fellow is] a hundred times [more than his own].
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5 See p. 15, n. 7.
6 He is not responsible for tithing what belongs to them.
7 For a prescribed quantity of produce, irrespective of the total yield.
1 It is as though he paid him from his own wares, and an Associate may not part with his produce unless it is duly tithed.
2 See p. 73, n. 6.
3 An Israelite from a levite or priest.
4 And is not scrupulous in observing the laws of cleanness.
5 For then he would be as one that exchanged or sold produce that was not duly tithed.
1 To make any such proposal.
2 North of Chezib. See p. 21, n. 13.
3 For the application of the same formula, see Ket. 2; Eduy. 3
4 From my own field in Syria. |
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- 7.1. If a man invited his fellow to eat with him [on the Sabbath] and his fellow does not deem him trustworthy in the matter of Tithes, on the eve of the Sabbath [note] 5 he may say: Of what I shall set apart tomorrow let part be Tithe [note] 6 with the rest of the [First] Tithe adjoining it; let what I have made Tithe be Heave-offering of Tithe for the whole, and let the Second Tithe be to the north or south of it and rendered fit for common use by [the setting aside of its redemption] money.
- 7.2. When they have mixed him the cup [on the Sabbath], he may say, ‘Let what I am about to leave at the bottom of the cup be Tithe with the rest of the [First] Tithe adjoining it; let what I have made Tithe be Heave-offering of Tithe for the whole, and let the Second Tithe be at the mouth of the cup and rendered free for common use by [the setting aside of its redemption] money’.
- 7.3. If a labourer does not deem the householder trustworthy he may take one dried fig and say, ‘Let this and the nine which follow after it be Tithe for the ninety that I shall eat; let this one be Heave-offering of Tithe for all of them; and let the Second Tithe be in the last fig and rendered free for common use by [the setting aside of its redemption] money’; and he should reserve one dried fig. Rabban Simeon b. Gamaliel says: He should not reserve it, for he thus lessens the work that he does for the householder. R. Jose says: He should not reserve it, because this [note] 7 is a condition enjoined by the Court.
- 7.4. If a man buys wine among Samaritans he may say, ‘Let two logs’ [note] 8 which I shall set apart be Heave-offering, and ten [others] [First] Tithe and nine Second Tithe’; then, after he has set apart the redemption money, he may drink.
- 7.5. If a man had in his house untithed figs and [he remembered them] while he was in the House of Study or in the field [before sunset on the eve of Sabbath], he may say, ‘Let two figs’ [note] 9 which I shall set apart be Heave-offering, and ten First Tithe and nine Second Tithe.; If they were demai-product let him say, ‘Let what I shall separate to-morrow be Tithe with the rest of the [First] Tithe adjoining it; let what I have made Tithe be Heave-offering of Tithe for the whole of it; and let the Second Tithe be to the north or south of it and rendered fit for common use by [the setting aside of its redemption] money’.
- 7.6. If he had before him two baskets full of untithed produce and said, ‘Let the Tithes of that basket be in this’, the first basket is thereby tithed; [if he said], ‘Let the Tithes of that basket be in this, and let the Tithes of this basket be in that’, the first basket [only] is thereby tithed; [if he said], ‘Let the Tithes from either basket be within the other’, he has thereby
designated as Tithe [produce within them both].
- 7.7. If a hundred parts of untithed produce [were mixed with] a hundred parts of produce already tithed, a hundred and one parts must be taken out [as untithed produce]. If a hundred parts of untithed produce [were mixed with] a hundred parts of Tithe, a hundred and one parts must be taken out [as Tithe]. If a hundred parts of duly tithed produce [were mixed with] a hundred parts of Tithe, a hundred and ten parts must be taken out [as Tithe], If a hundred parts of untithed produce [were mixed with] ninety parts of Tithe, or ninety parts of untithed produce with eighty parts of Tithe, naught is lost. This is the general rule: when the greater part is untithed produce naught is lost.
- 7.8. If a man had ten rows each containing ten jars of wine and he had said, ‘In the outer row let one be Tithe’, and it is not known which row it was, he must take two jars from diagonally opposite corners. [If he had said,] ‘In the half of the outer row let one be Tithe’, and it is not known which half row it was, he must take four jars from the four corners. [If he had said,] ‘In one row let one jar be Tithe’, and it is not known which row it was, he must take [ten jars, one from] every row diagonally. [If he had said], ‘In one half row let one jar be Tithe’, and it is not known which half row it was, he must take [twenty jars from] two diagonal rows. [If he had said,] ‘Let one jar be Tithe’, and it is not known which jar, he must take Tithe from every jar.
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5 It was forbidden to separate tithe on the Sabbath (Shab. a’).
6 i.e. Heave-offering of Tithe which the levite, had he received First Tithe, should have given to a priest.
7 That the householder is responsible for tithing his produce before his labourers eat of it.
8 Out of every hundred which he buys.
9 Out of every hundred. |
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