PEREK HAYAH OVER
1)

TITHING ACCEPTED PRODUCE (Yerushalmi Ma'asros Perek 2 Halachah 1 Daf 6b)

îùðä äéä òåáø áùå÷ åàîø èìå ìëí úàðéí àåëìéï åôèåøéï ìôéëê àí äëðéñå ìáúéäï [ãó æ òîåã à] îú÷ðéí åãàé.

(a)

(Mishnah): If a person was passing in the market place and he said, "Take for yourselves figs'', the people may take and eat them without tithing. Therefore, if they brought them into their homes, they must tithe them as certain Tevel.

èìå åäëðéñå ìáúéëí ìà éàëìå îäí òøàé ìôéëê àí äëðéñå ìáúéäï àéðï îú÷ðéí àìà ãîàé.

1.

If he said, "Take and bring them home with you'' (as if to say that he has already tithed them), they may not snack on them. Therefore, if they brought them home, they tithe them as Demai.

äéå éåùáéí áùòø àå áçðåú åàîø èìå ìëí úàðéí àåëìéï åôèåøéï åáòì äùòø åáòì äçðåú çééáéí.

(b)

If they were sitting in a doorway or a store and he said to them, "Take for yourselves figs'', they may eat them without tithing and the doorway and store owners are obligated.

øáé éäåãä ôåèø òã ùéçæéø àú ôðéå àå òã ùéùðä î÷åí éùéáúå:

1.

R. Yehuda exempts him, unless he turns his face or changes his seat.

âîøà [ãó éá òîåã à (òåæ åäãø)] äéä òåáø áùå÷ ëå'. ùîåàì àîø ãøáé îàéø äéà ãøáé îàéø àîø àéï îúðä ëîëø.

(c)

(Gemara): "If a person was passing in the marketplace etc.'' Shmuel said that the Mishnah's author is R. Meir, who said that a gift is not like a sale (so a gift does not establish an obligation to tithe).

àîø øáé éåñé ãáøé äëì äéà.

(d)

(R. Yosi): The Mishnah follows all opinions (as will be explained).

àéùàìéú ìàéìéï ãáé øáé éðàé åàîøéï ðäéâéï äåéðéï éäáéï àéìéï ìàéìéï áç÷ìà åàëìéï åìà îú÷ðéï.

1.

I asked the students of the House of Yannai and they said, "We would exchange gifts in the field before it was brought into the house and we ate without tithing'' (since they weren't obligated through giving as a gift).

îéé ëãåï ëîàï ãàîø îàéìéäï ÷éáìå òìéäï àú äîòùøåú.

(e)

Why is this? They followed the opinion that nowadays, Terumos and Ma'asros are Rabbinic obligations (and the Rabbis did not view a gift as a sale).

îúðé' áî÷åí ùøåá îëðéñéï ìáúéí àáì áî÷åí ùøåá îëðéñéï ìùå÷ àéðï îú÷ðéï àìà ãîàé.

(f)

(When the Mishnah taught that if he said "Take for yourselves figs'', the people may eat them without tithing), that was in a place that most people bring the produce into the house, but where most people bring it to the market to sell (so it already became obligated in the field and there is a concern that the Am HaAretz owner hasn't tithed), it's treated as Demai.

àí áî÷åí ùøåá îëðéñéï ìáúéí áãà úðéðï èìå åäëðéñå ìáúéëí ìà éàëìå îäï òøàé.

(g)

Question: If the Mishnah is in a case when most people bring it into the house, why did it teach that if he said, "Take and bring them home with you'', they may not snack on them? (Since this person was still on his way home, the produce didn't yet become obligated, so why may they not snack on them?)

îëéåï ùàîø èåì åäëðéñ ëîé ùàîø )èåì åàðé îòùø)[äëðñúé ìáéúé åòéùøúé] òì éãê.

(h)

Answer: Since he said, "Take and bring them home with you'', it's as if he said to them that they are permitted to bring them home and eat them, since he has already taken them home and tithed them. (In such a case, he is believed that they became obligated but not believe to say that he tithed them.)

àáì áî÷åí ùøåá îëðéñéï ìùå÷ àéðå ðàîï ìåîø ìå òéùøúé

(i)

When most people sell in the market, he is not believed to say that he tithed them (so those that receive them from him may not eat).

åàéðå ðàîï ìåîø ìå ìúåê áéúé àðé îëðéñï.

(j)

Similarly, he isn't believed to say that he is amongst the minority who bring it home and that it isn't yet obligated.

[ãó éá òîåã á (òåæ åäãø)] ðúï ìå ãáø îøåáä àôéìå àîø ìå èåì åàëåì ëîé ùàîø ìå èåì åäëðñ.

(k)

If he gave him a large amount, even if he told him, "Take and eat'', it's as if he said, "Take and bring it home''.

ðúï ìå ãáø ùàéï ãøëå ìäéàëì çé àôéìå àîø ìå èåì åàëåì ëîé ùàîø ìå èåì åäëðñ.

(l)

If he gave him something that is not eaten raw, even if he told him to take and eat it, it's as if he told him to take it and bring it home (and he cannot snack on it).

äéä àãí âãåì åàéï ãøëå ìåëì áùå÷ åàîø ìå èåì åàëåì ëîé ùàîø ìå èåì åäëðñ.

(m)

If he is an important person who does not usually eat in the market, and he told him to take and eat, it's as if he told him to take it and bring it home.

äéå ùðéí ìæä àîø ìå èåì åàëåì åìæä àîø ìå èåì åäëðñ æä ùàîø ìå èåì åàëåì ôèåø åæä ùàîø ìå èåì åäëðñ çééá.

(n)

If there were two people and he told one of them to take and eat and he told the other one to take and bring it home - the one he told to eat is exempt and the one he told to bring it home is obligated.

àîø øáé éåñé åìà îúðéúà äéà àåëìéï åôèåøéï åáòì äùòø åáòì äçðåú çééáéï.

(o)

Question (R. Yosi): Isn't it explicit in the Mishnah (above (b)) - '...they may eat them without tithing and the doorway and store owners are obligated'?

àîø øáé éåðä (ãáøé äëì äéà) ëàï áãîàé [ãó æ òîåã á] ëàï áåãàé.

(p)

Answer (R. Yona): The cases are different. In the Gemara's case, when he told him to take it and bring it home, it should be separated as Demai. When the Mishnah said that they are obligated, it meant that it must be separated as certain Maaser.