משנה: מַאֲכִילִין אֶת הָעֲנִייִם דְּמַאי וְאֶת הָאַכְסַנְיָא דְּמַאי. רַבָּן גַּמְלִיאֵל הָיָה מַאֲכִיל אֶת פּוֹעֲלִין דְּמַאי. גַּבָּאֵי צְדָקָה בֵּית שַׁמַּאי אוֹמְרִים נוֹתְנִין אֶת הַמְעוּשָּׂר לְשֶׁאֵינוֹ מְעוּשָּׂר וְאֶת שֶׁאֵינוֹ מְעוּשָּׂר לִמְעוּשָּׂר נִמְצְאוּ כָּל אָדָם אוֹכְלִין מְתוּקָּן. וַחֲכָמִים אוֹמְרִים גּוֹבִין סְתָם וּמְחַלְּקִין סְתָם וְהָרוֹצֶה לְתַקֵּן יְתַקֵּן. MISHNAH: One lets the poor and the stranger1Greek ξένος, meaning either a non-resident or a passer-by (Berakhot p. 619). eat demay. Rabban Gamliel let his laborers2If these were not poor, they would not be working as day laborers. However, since it was usual that the employer feed his journeymen, Rabban Gamliel saved by giving them demay, and this is not permitted. eat demay. The House of Shammai say, the administrators of charity give the tithed food to those who do not tithe, and the untithed food to those who tithe, so that it turns out that everybody eats produce that is in order3It is stated explicitly in a baraita, quoted in Eruvin.17b">Babli Eruvin 17b, that the House of Shammai disagree with the first sentence of the Mishnah and forbid to give demay to the poor.. But the Sages say, one collects4Tamḥui and chest, as described in Peah 8:7, is collected and distributed without inquiring into the degree of religious observance of either donor or recipient. without asking and one distributes without asking, and he who wants to put in order should put in order.
הלכה: אָמַר רִבִּי יוֹנָה מַתְנִיתִין בַּעֲנִיֵּי חֲבֵירִים וּבְאַכְסַנְיָא כְּרִבִּי יְהוֹשֻׁעַ. תַּנִּי מַעֲשֶׂה בְּרִבִּי יְהוֹשֻׁעַ שֶׁהָלַךְ אַחַר רַבָּן יוֹחָנָן בֶּן זַכַּאי לִבְרוֹר חַיִל וְהָיוּ אוֹתָן בְּנֵי הָעֲייָרוֹת מְבִיאִין לָהֶן פֵּירוֹת. אָמַר לָהֶן רִבִּי יְהוֹשֻׁעַ אִם לָנוּ כָּאן חַייָבִין אָנוּ לְעַשֵּׂר. וְאִם לָאו אֵין אָנוּ חַייָבִין לְעַשֵּׂר. רִבִּי יוֹסֵי אוֹמֵר בַּעֲנִיֵּי עַם הָאָרֶץ הִיא מַתְנִיתָא. אִם אָמַר אַתְּ בַּעֲנִיֵּי חֲבֵירִים נִמְצֵאת נוֹעֵל דֶּלֶת בִּפְנֵי עַם הָאָרֶץ. מַה מְקַייֵם רִבִּי יוֹסֵי לְאַכְסַנְייָא כְּהָדָא דְתַנִּי הַגָּרִים עִמָּכֶם לְרַבּוֹת אֶת הָאַכְסַנְייָא. רִבִּי לְעָזָר אוֹמֵר זוּ אַכְסַנְיָא שֶל גּוֹי. HALAKHAH: Rebbi Jonah said, our Mishnah speaks about poor ḥaverim, and about guests following Rebbi Joshua. It was stated6Tosephta Ma‘serot 2:1: “Donkey drivers and private persons on the road from place to place may eat and they are free (from the obligation to tithe) until they reach their destination. Therefore, if their host gave them a separate room and they stayed there overnight, they have to tithe, otherwise they are exempt. It happened that Rebbi Joshua went to Rabban Joḥanan ben Zakkai at Beror Ḥayil, and some inhabitants of these localities brought them figs. They asked him, do we have to tithe? He said to them, if we stay overnight, we are obligated to tithe; otherwise, we are not obligated to tithe.” Because R. Joshua was such an important personality he and his students certainly were placed in a separate room; therefore, staying overnight alone creates the obligation of tithes. The obligation for heave and tithes only starts with the storage of the harvest. Since R. Joshua would not travel without a large group of students, keeping him overnight creates the duty to give heave and tithes. This is the explicit interpretation given in Yerushalmi Ma‘serot 2:3.: “It happened that Rebbi Joshua went to Rabban Joḥanan ben Zakkai in Beror Ḥayil7Neither name nor location of this place are certain but it is known that it was the home town of Rabban Joḥanan ben Zakkai., and some local people brought them fruits. Rebbi Joshua said to them, if they8His students. stay overnight, we are obliged to tithe; otherwise, we are not obliged to tithe.” Rebbi Yose said, the Mishnah speaks about am haäreẓ poor. If you restrict to poor ḥaverim, you lock the door before am haäreẓ poor9If it becomes expensive to give to the am haäreẓ poor, nobody will give to them.. How does Rebbi Yose hold about “the stranger?10For R. Jonah, there is no problem; since the traveller is not really poor it is necessary to say that the Mishnah applies only to ḥaverim who will put their food in order. But why does R. Yose need to mention the traveller?” Following what was stated: “(Leviticus.25.45">Lev. 25:45) ‘Those who dwell among you,’ to include the stranger; Rebbi Eliezer said, that means the Gentile stranger.11It is permitted to buy oneself goodwill with demay even though one may not satisfy a formal obligation with demay.”
תַּנִּי צָרִיךְ לְהוֹדִיעַ. עַל דַּעְתֵּיהּ דְּרִבִּי יוֹנָה דּוּ אָמַר בַּעֲנִיֵּי חֲבֵירִים הִיא מַתְנִיתָא נִיחָא. עַל דַּעְתֵּיהּ דְּרִבִּי יוֹסֵי דּוּ אָמַר בַּעֲנִיֵּי עַם הָאָרֶץ הִיא מַתְנִיתָא אֲפִילוּ מוֹדִיעוֹ מַהוּ מוֹעִיל. בִּפְנֵי אַחֵר שֶׁאֵינוֹ מְתַקֵּן. It was stated: “One has to declare.” In the opinion of Rebbi Jonah, it is understood12One has to inform him that he receives demay so that he may bring it in order. that the Mishnah speaks about poor ḥaverim. In the opinion of Rebbi Yose, the Mishnah speaks about am haäreẓ poor; even if he informs him, what does he gain13Since the am haäreẓ does not care, what has one gained by informing the recipient? The answer is that only a minority of the amē haäreẓ do not care, so why should he hurt the decent majority because of the actions of a few nonobservant persons?? Because of one who does not put in order?
אָמַר רִבִּי מָנָא הָדָא אָֽמְרָה אִילֵּין דִּיהָבִין בְּבֵיתִין אָסוּר לִיתֵּן מִדְּמֵי שְׁבִיעִית שֶׁאֵינוֹ אֶלָּא כְּפוֹרֵעַ חוֹב מִדְּמֵי שְׁבִיעִית. כְּהָדָא דְתַנִּי אֶחָד שְׁבִיעִית וְאֶחָד מַעֲשֵׂר שֵׁנִי אֵין נִפְרָעִין מֵהֶן מִלְוֶה וְחוֹב. וְאֵין עוֹשִׂין מֵהֶן שׁוֹשְׁבִינוּת. וְאֵין מְשַׁלְּמִין מֵהֶן תַּשְׁלוּמִין. וְאֵין פּוֹסְקִין מֵהֶן צְדָקָה לָעֲנִייִם בְּבֵית הַכְּנֶסֶת. אֲבָל מְשַׁלְּמִין לָהֶן דָּבָר שֶׁל גְּמִילוּת חֶסֶד. וְצָרִיךְ לְהוֹדִיעַ. Rebbi Mana said, this means that he who gives in his home12One has to inform him that he receives demay so that he may bring it in order. may not give from Sabbatical value because he would pay his debt with Sabbatical value. As it was stated13Since the am haäreẓ does not care, what has one gained by informing the recipient? The answer is that only a minority of the amē haäreẓ do not care, so why should he hurt the decent majority because of the actions of a few nonobservant persons?: “Neither Sabbatical produce nor Second Tithe may be used to satisfy a loan or a debt. One does not use them for best men’s meals14Since these meals are due in reciprocity, they constitute a debt that can not be satisfied either with Sabbatical fruits, which are ownerless even if grown on the farmer’s own field, or Second Tithe, which is Heaven’s money.. One does not pay with them obligatory payments. One does not use them to pledge for charity in the synagogue. But one may use them for goodwill; then one has to notify.”
תַּמָּן תַּנֵּינָן פּוֹעֵל שֶׁאֵינוּ מַאֲמִין לְבַעַל הַבַּיִת. תַּמָּן אַתְּ אָמַר הַפּוֹעֵל מַפְרִישׁ. וְכָה אַתְּ אָמַר בַּעַל הַבַּיִת מַפְרִישׁ. אָמַר רִבִּי יוֹנָה תַּמָּן בְּמַאֲכִילוֹ מִן הַמְּנוּיִין בְּרַם הָכָא בְּמַאֲכִילוֹ מִן הָאָבוּס. There15Mishnah Demay 7:3: “A worker who does not trust his employer should take one fig and say: This fig and the nine following shall be tithe on the 90 remaining that I will eat; this one will be heave of the tithe, the others will be redeemed by coins. (Mishnah 4) Then he saves one fig (assuming the employer gave him 100 for lunch.) Rabban Simeon ben Gamliel said, he should not save (but buy one with his own money and give it to the Cohen) because he reduces the work of the employer (by eating less than the allotted ration, he has less strength to work.) Rebbi Yose said, he should not save because this is a condition of the Court (that the employer must pay for the heave of the tithe.)”
The argument here refers to what Rabban Gamliel did. Since he is mentioned by name, what he did is not accepted. The Sages conclude that the employer must give his farmhands fully tithed food. we have stated: “The worker who does not trust the employer.” There you say, the worker separates. But here you say that the employer separates16Since the action of Rabban Gamliel is not quoted as opinion of the Sages.. Rebbi Jonah said, there if he serves him counted portions, here if he lets him eat from the bowl17Cooked food, or figs and dates, in a big bowl from which each farmhand scoops up what he can. Then it is impossible for the worker to determine what the heave of tithe should be..
רִבִּי זְרִיקָן שִׁמְעוֹן בַּר ווָא בְשֵׁם רִבִּי יוֹחָנָן רוֹפֵא חָבֵר שֶׁהָיָה מַאֲכִיל לְחוֹלֶה עַם הָאָרֶץ נוֹתֵן לְתוֹךְ יָדוֹ וְאֵינוֹ נוֹתֵן לְתוֹךְ פִּיו בִּדְמַאי. אֲבָל בְּוַדַּאי אֲפִילוּ לְתוֹךְ יָדוֹ אָסוּר. מִשֶּׁל חוֹלֶה אֲבָל מִשֶּׁל רוֹפֵא אָסוּר. בְּיִשְׂרָאֵל אֲבָל בִּבְנֵי נֹחַ אֲפִילוּ בְּוַדַּאי מוּתָּר. מִשֶּׁל חוֹלֶה אֲבָל מִשֶּׁל רוֹפֵא אָסוּר. אִם הָיָה אֵבֶר מִן הַחַי אֲפִילוּ מִשֶּׁל חוֹלֶה אָסוּר שֶׁלֹּא יָבוֹא לִידֵי תְקָלָה. Rebbi Zeriqan, Simeon bar Abba, in the name of Rebbi Joḥanan: A medical doctor who is a ḥaver, if he feeds a sick person who is an am haäreẓ, shall put the food into his patient’s hand18The am haäreẓ will eat demay but the ḥaver is forbidden to serve others anything not fully tithed. but not into his mouth. That is, if it is demay, but if it is certain19That no heave of the tithe has been given. In that case, the doctor would commit a sin and lose his fellowship standing in handing such food to the am haäreẓ since it would clearly be forbidden (assuming that the sickness is not life-threatening and some other remedy is available.), it is forbidden even to put it in his hand. This means, if it is the patient’s property, but the doctor’s is forbidden20Since the ḥaver, or even simply the person trustworthy for tithes, is not permitted to serve others anything that is not in order.
“Descendant of Noah” means a Gentile, since all mankind is descended from Noah. The expression is used here to indicate that all of mankind are obligated by the Seven Commandments given to Noah (prohibition of murder, idolatry, incest and adultery, eating limbs taken from a living animal, blasphemy, and anarchism.) for a Jew; for a descendant of Noah21Since parts cut from live animals are forbidden not only to Jews but to all mankind (Sanhedrin.57b">Babli Sanhedrin57b, cf. Genesis.9.4">Rashi on Gen. 9:4). it is permitted even if it is certain and the patient’s property, but the doctor’s is forbidden. But if it was a limb taken from a living animal it is forbidden even if it is the patient’s property, that he should not be caused to stumble22Here starts the discussion of the rules for the adminstrators of charity..
וְקַשְׁיָא עַל דְּבֵית שַׁמַּאי בְּגִין דּוּ כָּשֵׁר יַפְסִיד. נוֹתֵן לוֹ כְּדֵי [תִּיקּוּנוֹ]. מַה טַעַם דְּבֵית שַׁמַּאי אֲפִילוּ תִגְדְּרֶנּוּ עַכְשָׁיו יָכוֹל אַתְּ לְגוֹדְרוֹ לְאַחַר זְמָן אֵין אַתְּ יָכוֹל לְגֹדְרוֹ. מַה טַעַם דְּרַבָּנִין אִם מְדַקְדֵּק אַתְּ אַחֲרָיו אַף הוּא מְמָעֵט בִּצְדָקָה. It is difficult for the House of Shammai22Here starts the discussion of the rules for the adminstrators of charity., should he lose because he is worthy23Assuming that everybody gets the same, the observant end up with less to eat than the nonobservant. Hence, the observant should get slightly more than the nonobservant.? He adds what he has to put in order. What is the reason of the House of Shammai? Even if you regulate him now, can you regulate him in the future24If he takes it home untithed, the am haäreẓ will eat it untithed, and it will turn out that the administrator has led a fellow Jew into sin by giving him untithed food.? You cannot regulate him. What is the reason of the rabbis? If you investigate him25If you ask people whether they follow the rules of fellowship or not, the nonobservant will not give and you have committed two evils: you have reduced the amount of food available for the poor and you have prevented fellow Jews from fulfilling the commandment of charitable giving. he will reduce his charity giving.
גַּבָּאֵי צְדָקָה בְּיוֹם טוֹב לֹא יְהוּ מַכְרִיזִין כְּדֶרֶךְ שֶׁמַּכְרִיזִין בְּחוֹל. אֲבָל גּוֹבִין בְּצִינְעָה וְנוֹתְנִין לְתוֹךְ חֵיקָוֹ וּמְחַלְּקִין לְכָל־שְׁכוּנָה וּשְׁכוּנָה בִּפְנֵי עַצְמָהּ. גַּבָּאֵי קוּפָּה בִּשְׁבִיעִית לֹא יְהוּ מְדַקְדְּקִין בַּחֲצֵרוֹת שֶׁל אוֹכְלֵי שְׁבִיעִית. נָֽתְנוּ לָהֶן פַּת מוּתָּר שֶׁלֹּא נֶחְשְׁדוּ יִשְׂרָאֵל לִהְיוֹת נוֹתְנִין אֵלָּא אוֹ מָעוֹת אוֹ בֵּצוֹת. רִבִּי חֲנַנְיָה בְּשֵׁם רִבִּי פִינְחָס הָדָא דְּתֵימַר בְּמָקוֹם שֶׁזּוֹרְעִין וְלֹא אוֹכְלִין. לֶאֱכֹל אֵינָן חֲשׁוּדִין לֹא כָּל־שֶׁכֵּן לְהַאֲכִיל. “26Tosephata Demay 3:16,17. The administrators of charity should not publicly announce on a holiday27On weedays, they announce in the synagogue how many poor they have to feed and how much they need from every householder. On holidays, when money transactions are forbidden, even charity cannot be collected publicly. in the way they announce on weekdays, but they collect in private, carry it in their bosom, and distribute for each quarter separately. The administrators of the charity chest28See Peah 8:7. In the Tosephta, this is the majority opinion, against R. Meïr who holds that one does not take from questionable sources during the Sabbatical year. should not be inquisitive in the courtyards of those who eat from the yield29Everybody may eat from the yield of the Sabbatical year the spontaneous growth of fallow fields. Here, the reference is to produce grown for cash in the Sabbatical. of the Sabbatical year. If one gave them bread it is permitted, because Jews are not suspected of giving anything other than money or eggs30Money received for a crop in the Sabbatical year or eggs, not subject to Sabbatical rules, bought with such money. If somebody gives bread, one may assume that it was not from grain grown for cash in the Sabbatical year..” Rebbi Ḥananiah in the name of Rebbi Phineas: That means, at a place where people sow31For cash, to be able to pay their taxes. but do not eat. Since they are not suspected to eat, a fortiori not to feed.
כֹּהֲנִים הַמְגַבְּלין בְּטָהֳרָה לֹא יְהוּ מְדַקְדְּקִין בַּחֲצֵרוֹת שֶׁל אוֹכְלֵי שְׁבִיעִית. אִית תַּנָּיֵי תַּנִּי מְדַקְדְּקִין. אָמַר רִבִּי פִינְחָס מָאן דְּאָמַר מְדַקְדְּקִין מִפְּנֵי חַלָּתָן מָאן דְּאָמַר אֵין מְדַקְדְּקִין מַבְרִיחוֹ מִן הַקַּלָּה וּמַכְנִיסוֹ לַחֲמוּרָה. טֵבֵל בְּעָוֹן מִיתָה שְׁבִיעִית בְּלֹא תַעֲשֶׂה. “Cohanim who prepare dough in purity32Since ḥallah has to be taken from bread dough under the rules of the heave and be eaten in purity, and the am haäreẓ by his touch would give primary impurity to the wet dough, as explained in Halakhah 2:3, it was customary to hire a Cohen to knead the dough in purity, take ḥallah to eat it, and then hand the dough over to the am haäreẓ to bake it. should not be inquisitive in the courtyards of those who eat from the yield of the Sabbatical year.” Some Tannaïm33Tosephta Demay 3:17. stated: “They should be inquisitive.” Rebbi Phineas said, he who says that they should be inquisitive, because of their ḥallah34Produce of the Sabbatical year, being legally abandoned property, is exempt from heave and tithes. But dough prepared from grain grown in the Sabbatical year, even if the grain was legally harvested, is always subject to ḥallah. So the Tosephta requires the Cohen not only to take ḥallah, but also to check whether the grain might be demay.; he who says that they should not be inquisitive, for he would save him from the simple sin and lead him to a deadly one. Ṭevel is a deadly sin, the Sabbatical year is a simple prohibition35If the Cohen would refuse to knead the dough of the nonobservant and to take ḥallah, the nonobservant would knead the dough himself and not give ḥallah. However, dough from which ḥallah was not taken is ṭevel, and its consumption is as bad a sin as consuming grain from which heave was not taken. Since the Cohen by his action leads the nonobservant into sin, the sin is the Cohen’s..
כֵּיצַד הוּא עוֹשֶׂה אָמַר רִבִּי חוּנָא מֵבִיא כֹּהֵן חָשׁוּד וּמַטְבִּילָה וּמַאֲכִילָה לוֹ. וְלֹא נִמְצָא מוֹסֵר טָהֳרוֹת לְעַם הָאָרֶץ. אָמַר רִבִּי מָנָא מֵבִיא כֹּהֵן חָשׁוּד וּמַטְבִּילָה וּמְשַׁמְּרוֹ עַד הָעֶרֶב וּמַאֲכִילָהּ לוֹ. וְלֹא נִמְצָא מַחֲזִיק יְדֵ[י] עוֹבְרֵי עֲבֵירָה. רִבִּי שִׁמְעוֹן בַּר כַּרְסָנִי בְשֵׁם רִבִּי אָחָא מְשַׁמְּרָהּ עַד עֶרֶב הַפֶּסַח וְשׂוֹרְפָהּ. What does he do37The Cohen who has taken ḥallah from dough he suspects to be from grain raised during the Sabbatical year, from which one cannot partake.? Rebbi Huna said, he brings a suspect Cohen38He is suspected to eat from produce commercially grown in the Sabbatical year. Still, the observant Cohen must make sure that he eats ḥallah in purity; hence, he has to send him to the miqweh (and, as R. Mana points out, watch him in purity until sundown.) See Berakhot 1:1:1" href="/Jerusalem_Talmud_Berakhot.1.1.1">Mishnah Berakhot 1:1., lets him immerse himself, and serves it to him. But then does he not deliver pure foods to an am haäreẓ39Who can be assumed to make everything impure (except in Jerusalem, during the time of the Temple, on holidays when “all of Israel are ḥaverim.”) In this case, the observant Cohen would lead the nonobservant into sin.? Rebbi Mana said, he brings a suspect Cohen, lets him immerse himself, watches him until sundown and then serves it to him. But then does he not support the sinners? Rebbi Simeon from Carsan in the name of Rebbi Aḥa: He keeps it until the day before Passover and then burns it40Pure terumah and ḥallah must be eaten; they may be burned only if they are either impure or on Passover eve if they contain leavened material. Since it is forbidden to make holy things impure intentionally, the Cohen has to keep ḥallah in purity until he is forced to burn it on Passover eve..