1)

THE WAY TO TITHE WINE ON SHABBOS (Yerushalmi Demai Perek 7 Halachah 2 Daf 30a)

îùðä îæâå ìå àú äëåñ àåîø îä ùàðé òúéã ìùééø áùåìé äëåñ äøé äåà îòùø åùàø îòùø ñîåê ìå æä ùòùéúé îòùø òùåé úøåîú îòùø òìéå åîòùø ùðé áôéå åîçåìì òì äîòåú:

(a)

(Mishnah): If they poured him the cup (of wine for Kiddush), he should say, "That which I will leave at the bottom of the cup is Maaser and what is near it should be the rest of the Maaser. That which I (first) made Maaser shall be Terumas Maaser for the whole Maaser and the Maaser Sheni should be at the mouth of the cup and should be redeemed onto money."

âîøà ëéðé îúðéúà ìòðéï îæéâú äëåñ

(b)

(Gemara): (The Mishnah seems to be referring to when they pour the cup on Friday night (not before Shabbos) and therefore he must be making this stipulation on Shabbos itself?) Rather, the Mishnah is merely teaching about a case of pouring the cup, but the stipulation is made before Shabbos.

îä ðï ÷ééîéï àí áàåîø îëáø îù÷ä îòåøá äåà åàí áàåîø ìëùùúä ìîôøò èáì ùúä àìà ëé ðï ÷ééîéï áàåîø îëáø ìëùàùúä

(c)

What's the case? If the stipulation takes effect before he drinks, he will certainly be drinking a mixture that contains Maaser"! If he says, "When I will drink...", it turns out that he must have drank Tevel since the Terumah only comes into existence after the wine has been drank. Rather, he said, "When I will drink, the Maaseros should take effect retroactively.

[ãó ñæ òîåã à (òåæ åäãø)] åìà ðîöà îèìèì úøåîä èîàä áùáú

(d)

Question: Isn't he thereby carrying Tameh Terumah (in his cup) on Shabbos?

àø"à îùééø ë"ù çåìéï ëääåà ãúðéðï úîï îèìèìéï úøåîä èîàä òí äçìéï

(e)

Answer (R. Elazar): He leaves a small amount of Chulin (together with the Terumas Maaser, allowing to move them together) as a Mishnah teaches (in Maseches Shabbos), "One may carry Tameh Terumah together with Chulin".

åìà ãîééï úîï èîàä ìöåøê èäåøä áøí äëà çåìéï ìöåøê èîàä

(f)

Rebuttal: The two cases are incomparable - there, he is moving the Tameh for the sake of the Tahor; here, he is moving the Tahor for the Tameh!

à"ø éåñé áé øáé áåï òí éöéàúå îï äëåñ ÷ãéù

(g)

Answer (R. Yosi bei R. Bun): He only makes it Terumah when it leaves the cup.

[ãó ì òîåã á] úîï úðéðï äìå÷ç ééï îáéï äëåúéí úðé ø' éåñé åø"ù àåñøéï ùîà úá÷ò äðåã åðîöà æä ùåúä èáìéí ìîôøò åäãà îúðéúà ìà ëøáé éåñé åø"ù äéà

(h)

The later Mishnah teaches that one who buys wine from the Kusim (he should make a stipulation...). The Baraisa on that Mishnah teaches that R. Yosi and R. Shimon prohibit making this stipulation, lest the wine bottle split before he manages to separate, causing him to have drank Tevel retroactively. If so, our Mishnah does not follow R. Yosi and R. Shimon.

à"ø éò÷á áø àéãé äëì îåãéï òì äëåñ ùäåà òì àúø:

(i)

Rejection (R. Yaakov bar Idi): No, all agree here that it can be made, since he drinks it immediately afterwards.

2)

A WORKER WHO DOESN'T TRUST HIS BOSS (Yerushalmi Demai Perek 7 Halachah 3 Daf 30b)

îùðä ôåòì ùàéðå îàîéï ìáò"ä ðåèì âøåâøú àçú åàåîø æå åúùò äáàåú àçøéä òùåéåú îòùø òì úùòéí ùàðé àåëì åæå òùåéä úøåîú îòùø òìéäï åîòùø ùðé áàçøåðåú åîçåìì òì äîòåú åçåùê âøåâøú àçú

(a)

(Mishnah): If a worker does not trust his boss (for Maaseros), he should take one fig and say, "This and the nine figs that follow it should be Maaser for the 90 that I will eat, but this one should be the Terumas Maaser for them and the last ones should be Maaser Sheni and redeemed onto the coins. He should deprive himself of one fig (so as not to cause a loss to his boss when he gives one as Terumas Maaser).

øùá"â àåîø ìà éçùåê îôðé ùäåà îîòè àú îìàëúå ùì áòì äáéú

(b)

(Rabban Shimon ben Gamliel): He may not deprive himself, since he will be weaker and will reduce his work for his boss.

[ãó ñæ òîåã á (òåæ åäãø)] åøáé éåñé àåîø ìà éçùåê îôðé ùäåà úðàé áéú ãéï:

(c)

(R. Yosi): He does not need to deprive himself, because it is a stipulation of Beis Din that Terumas Maaser be given from the property of the boss.

âîøà øáé àìéòæø áùí øáé äåùòéà òùå àåúå [ëôåòì] ùàéðå îàîéï ìáòì äáéú

(d)

(Gemara) (R. Eliezer citing R. Hoshiya): (The correct location of this entry is in Maseches Terumos Perek 4 Halacha 2. The Mishnah teaches that according to R. Meir, if an Am HaAretz's produce was in a storeroom and he gave a Se'ah to a Levi employee (as Maaser Rishon) and a Se'ah to a poor employee (as Maaser Ani), a Chaver employee separates up until 8 Se'ah and he may eat from them (without being concerned that they are Tevel, since he saw the boss tithe). R. Meir viewed every person like an employee who doesn't trust his boss.

ôùéèà äãà îéìúà ðùøôå äôéøåú äúøåîä áèéáåìä ðùøôä äúøåîä ìëùéàëìå äôéøåú ÷ãùä úøåîä ìîôøò

(e)

Certainly, if the figs became burnt, the Terumah he declared is invalid and the mixture remains Tevel. And if the Terumah became burnt, when he eats the fruits, the Terumah is sancitified retroactively.

îäå çùê

(f)

Question: What is the meaning of the term 'Chasach - save' in the Mishnah?

îï îéëìä äåà îôé÷ úøåîú îòùø

(g)

Answer: He should deprive himself of eating one fig and use it for Terumas Maaser.

úðé ìà éçøåù àãí áôøúå áìéìä åéùëéøðä áéåí [ãó ñç òîåã à (òåæ åäãø)] ìà éòùä áúåê ùìå áìéìä åéùëéø òöîå áéåí ìà éøòéá òöîå åìà éñâó òöîå îôðé ùäåà îîòè áîìàëúå ùì á"ä

(h)

Baraisa: One should not plow with his cow at night and then hire it out in the day. One should not work his own property at night and hire himself out in the day. A worker should not starve himself or afflict himself, because as a result, he will reduce his boss's work.

øáé éåçðï àæì ìçã àúø àùëç ñôøà àééðåñ àîø ìäå îäå ëï àîøå ìéä öééí à"ì àñåø ìê åîä àí îìàëúå ùì áùø åãí àú àîø àñåø îìàëúå ùì ä÷á"ä ìà ëì ùëï

(i)

R. Yochanan went to a certain place and found that the schoolteacher was weak. He asked them what was going on and they said that the teacher often fasts. R. Yochanan told him that he may not fast. If one who hires himself out to do mundane work is not allowed to fast, certainly one who hires himself out do Heaven's work is not allowed to fast.

øá çééà áø àùé áùí øá úðàé á"ã ùúäà úøåîú îòùø îùì (ôåòì)[áòì äáéú] åîòùø ùðé ùì (áòì äáéú)[ôåòì]:

(j)

(R. Chiya bar Ashi citing Rav): (Explaining R. Yosi in the Mishnah) It is a stipulation of Beis Din that Terumas Maaser is taken from the worker and Maaser Sheni from the boss.