1)

PERMISSION TO PICK FIGS (Yerushalmi Ma'asros Perek 2 Halachah 1 Daf 7b)

öà åì÷åè ìê òùøéí úàðéí îùìé åàðé îîìà ëøéñé îùìê äîîìà àú ëøéñå ôèåø åäàåëì áîðééï çééá.

(a)

(Tosefta): If a person told his friend, "Go and pick for yourself twenty of my figs and I will fill my stomach with your figs; the one that fills his stomach is exempt and the one who eats the specific number is obligated.

[ãó éâ òîåã à (òåæ åäãø)] øáé áåï áø çééä áòé ÷åîé øáé æòéøà åàéï àãí àåëì àçú àçú áøùåú äëì åôèåø. àîø ìéä àéï. åäëà ìîä äåà çééá. àîø ìéä áîöøó.

(b)

Question (R. Bun bar Chiya to R. Zeira): Why is the one who ate the specific number obligated? Isn't a person who eats from his friend's produce permitted to eat all of the fruits, as long as he eats them one at a time? R. Zeira answered that here, he received them all at the same time.

àí áîöøó àôéìå äîîìà àú ëøéñå éäà çééá.

(c)

Question: If so, even the one who fills his stomach should be obligated? (This question is not answered.)

åàéðå àñåø îùåí çìéôéï.

(d)

Question: Even if he didn't receive them at the same time, when one tells the other, "Go and pick for yourself twenty of my figs and I will fill my stomach with your figs'', it's called a Chalipin (exchange), which is like a sale, and it should establish the obligation to tithe?

àîø øáé ùéîé àéï ìå çìéôéï ùìà ðúëååéï äàéù äæä àìà ìäâñ àú ìáå ùéàëì.

(e)

Answer (R. Simi): It's not an exchange, as he only intended to make the recipient feel comfortable to accept the figs, making it a gift.

öà åì÷åè ìê òùøéí úàðéí îùìé àåëì ëãøëå åäåà ôèåø.

(f)

(Baraisa): 'Go and pick for yourself 20 of my figs'', he may eat them in the regular way and he is exempt from tithing.

öà åîìà àú äëìëìä ìà éàëì òã ùéòùø. áîä ãáøéí àîåøéí áòí äàøõ àáì áçáø îú÷ï åãàé ùìà ðçùãå çáøéí ìúøåí ùìà îï äîå÷ó.

1.

'Go and fill up a basket', he must first tithe. When is this the case? When the donor was an Am HaAretz, but if he was a Chaver, they must certainly be tithed, as a Chaver would not separate from produce unless it's in close proximity.

[ãó éâ òîåã á (òåæ åäãø)] àîø øáé øåàä àðé àú ãáøé îãáøé øáï ùîòåï áï âîìéàì îåèá ùéúøîå ùìà îï äîå÷ó åìà ìäàëéì ìòîé äàøõ èáìéí.

(g)

(Rebbi): My view is more logical than that of Rabban Shimon ben Gamliel - it's better that he separate from produce that is not in close proximity rather than feed Tevel to Amei HaAretz.

àîø øáé æòéøà îãáøé ùðéäí àôéìå çáø ùùéìç ìçáø öøéê ìòùø.

(h)

(R. Zeira): From the words of both Rebbi and Rabban Shimon we can conclude that even if a Chaver allowed another Chaver to pick and fill his basket, the recipient would need to tithe.

äååï áòééï îéîø îàï ãàîø ùìà ðçùãå çáøéí ìúøåí ùìà îï äîå÷ó åæä çáø öøéê [ãó ç òîåã à] äåà ìòùø åîàï ãàîø îåèá ùéúøåîå ùìà îï äîå÷ó åìà ìäàëéì ìòîé äàøõ èáìéí åæä çáø öøéê äåà ìòùø.

(i)

The Bnei HaYeshiva wanted to explain that according to Rabban Shimon, that a Chaver would not separate from produce that is not in close proximity; even if the recipient is an Am HaAretz, he must certainly separate; and all the more so when the recipient is a Chaver. And according to Rebbi, that it's better that he separate from produce that is not in close proximity rather than feed Tevel to Amei HaAretz - that only applies if the recipient is an Am HaAretz, but if he is a Chaver, he must separate for himself.

øáé éåðä áòé äëà àú òáéã ìéä çáø åäëà àú òáéã ìéä òí äàøõ.

(j)

Question (R. Yona): At the beginning of the Baraisa, you understood that the recipient was a Chaver and at the end you understood him to be an Am HaAretz?

àîø øáé éåñé ëàï åëàï òí äàøõ äåà àìà áùáéì àçã ùäåà îú÷ï äåà ð÷øà çáø.

(k)

Answer (R. Yosi): Both parts refer to an Am HaAretz, but you must separate as Demai because perhaps he listens to the Chachamim who require him to tithe.