1)

PRODUCE LEFT WITH OTHERS AND RETURNED (Yerushalmi Perek 3 Halachah 4 Daf 14a)

îùðä äîåìéê çéèéï ìèåçï ëåúé àå ìèåçï òí äàøõ áçæ÷úï ìîòùøåú åìùáéòéú ìèåçï òëå"í ãîàé

(a)

(Mishnah): If one takes wheat to a Cusi or Am HaAretz miller (when he goes to pick up his flour) he can assume that it's already tithed and it's not from Sheviis (and there's no concern that his produce was switched for another's). But if he took it to a gentile miller, he must treat it as Demai.

äîô÷éã ôéøåúéå àöì äëåúé åàöì ò"ä áçæ÷úï ìîòùøåú åìùáéòéú àöì äòëå"í ëôéøåúéå ø"ù àåîø ãîàé:

(b)

If one deposits produce with a Cusi or an Am HaAretz, he can assume that it's already tithed and it's not from Sheviis. But if he deposited it with a gentile, it is treated as the produce of a gentile (and is Rabbinically obligated in Maaseros). R. Shimon says that it is Demai (as it might have been switched).

âîøà ø' çééà áùí ø' éåçðï ðúçìôä ÷åôúå àöì äèåçï àí äåçæ÷ òí äàøõ ìäéåú èåçï ùí áàåúå äéåí çåùù åàí ìàå àéðå çåùù

(c)

(Gemara) (R. Chiya citing R. Yochanan): If a Chaver's box of grain was switched in a (Jewish) miller's possession, if an Am HaAretz was known to mill there on the same day (it is therefore doubtful whether or not the miller exchanged his grains with the Chaver's), he must be concerned (for this); if not, he does not need to be concerned.

åéçåù îä áéðä åìñéø÷é ìà ëï úðé ñø÷é ùäéúä îñúô÷ú éåí à' îï äàñåø ðòùä àåúå äéåí äåëç ìëì äéîéí

(d)

Question: Shouldn't he be concerned (even if the miller occasionally mills there)? How is it different to the case of the caravan of travellers? Wasn't it taught that if an Arab merchant was found to be selling non-Kasher food on one day, that day becomes a proof for all of the other days (meaning that for any given piece of food, they must assume that perhaps it is the non-Kasher one)...?

ñéø÷é àôùø ìä ùìà ìäñúô÷ [ãó ëè òîåã á (òåæ åäãø)] áøí äëà ìà äåçæ÷ ò"ä ìäéåú èåçï ùí áàåúå äéåí

(e)

Answer: The Arab merchant is different as he definitely supplied the food (at some time); but here, the Am HaAretz might not have been milling on that day.

øáé èééôä ñîå÷ä áùí øáé àáäå ëåúéí ðàîðéí òì äô÷ãåï.

(f)

(R. Taifa Tzamukah citing R. Abahu): Cusim are believed over a deposit (and there is no concern that the produce was switched).

[ãó éã òîåã á] åìà îúðé' äéà àöì äëåúé'

(g)

Question: Isn't this explicitly taught in our Mishnah about a Cusi, that one can assume that it's already tithed?

îúðé' òã ùìà ðçùãå àúà îéîø ìê àôéìå îùðçùãå

(h)

Answer: The Mishnah referred to before the Cusim were suspected of idolatry. R. Taifa came to teach that even after that, they were believed that it was not switched.

îäå ùéäà ðàîï ìåîø ðèìúéå åäðçúé àçøéí îúå÷ðéí úçúéäï

(i)

Question: Is a Cusi believed to say that he took it and replaced it with other tithed produce?

àí àú îàîéðå ùðèì úàîéðå ùðúï àí àéï àú îàîéðå ùðúï àì úàîéðäå ùðèì

(j)

Answer: If you believe him that he took it, believe him that he replaced it with tithed produce; if you don't believe him that he replaced it, don't believe him that he took it (so it's the same produce as he originally brought)!

ëåúé àú îàîéðå (ùðúï)[ùðèì] åàéï àú îàîéðå (ùðèì)[ùðúï]

(k)

Rebuttal: No - he's believed that he took them but he's not believed that he replaced them with tithed produce.

øáé éåðä áòé îä ðï ÷ééîéï àí áàåîø îùìé äí àôéìå òí äàøõ ìà éäà ðàîï àí áàåîø ôìåðé òéùø ìé àôéìå ëåúé éäà ðàîï

(l)

Question (R. Yona): What is the case? If he said that he grew them, even if he is an Am HaAretz he is not believed. If he said that Ploni tithed them for me, even a Cusi would be believed...?

àîø øáé áà úôúø ëî"ã ëåúé ëòëå"í ãàéúôìâéï ëåúé ëòëå"í ãáøé øáé øáï ùîòåï áï âîìéàì àåîø ëåúé ëéùøàì ìëì ãáø

(m)

Answer (R. Ba): It follows the opinion that a Cusi is like a gentile - as there is a dispute - Rebbi says that they are like gentiles; Rabban Shimon ben Gamliel says that they are like Jews in all matters.

äëà àú àîø ìèåçï äòëå"í ãîàé åäëà àú àîø àöì äòëå"í ëôéøåúéå

(n)

Question: In the first clause, the Mishnah said that if he took wheat to a gentile miller, it is Demai; but in the latter clause it said that it's like the gentile's produce?

ëàï ÷åôä á÷åôåú åëàï ôéøåú áôéøåú

(o)

Answer: The latter clause referred to when he deposited a box of produce and there is a concern that the gentile switched the box. The first clause referred to when he deposited produce - there, there's no concern that he switched them.