משנה: הָרוֹצֶה לַחֲזוֹם עָלֵי יֶרֶק לְהָקֵל מִמַּשָּׂאוֹ לֹא יַשְׁלִיךְ עַד שֶׁיְּעַשֵּׂר. הַלּוֹקֵחַ יֶרֶק מִן הַשּׁוּק וְנִמְלַךְ לְהַחֲזִיר לֹא יַחֲזִיר עַד שֶׁיְּעַשֵּׂר. שֶׁאֵינוֹ מְעֻשָּׂר אֶלָּא מִנְייָן. הָיָה עוֹמֵד וְלוֹקֵחַ וְרָאָה טוֹעַן אַחֵר יָפֶה מִמֶּנּוּ מוֹתָּר לְהַחֲזִיר מִפְּנֵי שֶׁלֹּא מָשַׁךְ. MISHNAH: He who wants to cut off greens of vegetables41For example turnip greens which usually are not used but may be used as vegetables by the poor. Hence, since it is likely that the leaves will be collected as food, the preparation of the vegetables for transportation and sale signifies the end of the harvest and requires tithing from then on. in order to lighten his load should not throw them away before he tithed. He who buys vegetables on the market42These vegetables have a fixed price per unit. The moment the buyer takes up a bunch, he is obliged to pay a fixed amount. Hence, the act of lifting up bunch transfers property rights to the buyer in exchange for a debt incurred. Since now the bunch belongs to the buyer, he cannot return it untithed without losing his standing as being trustworthy for tithes. and then decides to return them should not return them before he tithed, because nothing is missing43The Mishnah manuscripts of the Yerushalmi tradition and the Munich ms. of the Babli have מעושר. The manuscripts of the Babylonian tradition and the Rome ms. have מחוסר, which explains the word used here. In Galilee, ח was pronounced like ה and ע. but counting44The number of bunches the buyer took up.. If he stopped to buy but saw another, better, load, he may change his mind because45Or better: As long as he did not lift up any of the bunches. Then they never were his property and he is not responsible. he did not take it up.
הלכה: אָמַר רִבִּי לָֽעְזָר דְּרִבִּי מֵאִיר הִיא. דְּרִבִּי מֵאִיר אָמַר לֹא הִתִּירוּ לִמְכּוֹר דְּמַאי אֶלָּא סִיטוֹן בִּלְבַד. אָמַר רִבִּי יוֹחָנָן דִּבְרֵי הַכֹּל הִיא שַׁנְייָא הִיא שֶׁהַזֹכֶה זֹכֶה בְדַקָּה וְאֵין הַמַּבְקִיר מַבְקִיר בְּגַסָּה. וְלֵית הָדָא פְלִיגָא עַל דְּרִבִּי מֵאִיר דְּרִבִי מֵאִיר [דּוּ] אָמַר כֵּיוָן שֶׁאָדָם מַבְקִיר דָּבָר וְיָצָא מֵרְשׁוּתוֹ הֶבְקֵירוֹ הֶבְקֵר. שַׁנְייָא הִיא שֶׁהַזֹכֶה זֹכֶה בְדַקָּה וְאֵין הַמַּבְקִיר מַבְקִיר בְּגַסָּה. וַאֲפִילוּ עַל רִבִּי יוֹסֵי לֵית הָדָא פְלִיגָא דְּרִבִּי יוֹסֵי אָמַר אֵין הֶבְקֵר יוֹצֵא מִתַּחַת יְדֵי הַבְּעָלִים אֶלָּא בִּזְכִייָה אֵין הֶבְקֵירוֹ הֶבְקֵר. שַׁנְייָא הִיא שֶׁהַמַּבְקִיר מַבְקִיר בְּגַסָּה וְאֵין הַזּוֹכֶה זוֹכֶה בְדַקָּה. HALAKHAH: Rebbi Eleazar said46The discussion refers to the first statement of the Mishnah that he who separates greens from bunches of vegetables must tithe first. Since the leaves are thrown away, they are legally abandoned, and anybody who collects abandoned property is free from all obligations of tithing. This being the case, how could the poor who collect the leaves possibly incur any guilt in not tithing and why should the transporter be liable for tithes?
Rebbi Meïr’s statement was discussed in Halakhah 2:4., it is Rebbi Meïr’s, since Rebbi Meïr said, they permitted to sell demay only to the commissioned grain wholesaler. Rebbi Joḥanan said, it is according to everybody; there is a difference because the one who takes it up takes it up in retail quantity and the one who abandons does not abandon wholesale47Hence, while he might get away without tithing from the point of view of Biblical law, he cannot get away if he wants to retain his standing as being trustworthy for tithes.. But does this not disagree with Rebbi Meïr48This disagreement between R. Meïr and R. Yose is discussed in Peah6:1 (Babli Nedarim 43a–44a)., since Rebbi Meïr is the one who says that as soon as a person abandons anything of his property, it is legally abandoned as soon as it leaves his power. There is a difference because the one who takes it up takes it up in retail quantity and the one who abandons does not abandon wholesale. It does not even disagree with Rebbi Yose, for Rebbi Yose says that nothing may leave the power of its owners except if it is taken up; otherwise it was not legally abandoned. There is a difference here, because the one who abandons abandons wholesale, and the one who takes it up, takes up only retail quantities49According to R. Yose, if a large quantity was abandoned, it does not become abandoned property by being collected in small quantities by different persons..
חִזְקִיָּה אָמַר אֵינוֹ הֶבְקֵר מְחוּסָּר לְבַעֲלִין אֶלָּא בִזְכִייָה מִנְייָן. Ḥizqiah said51The reference is to the middle part of the Mishnah, that if somebody took from the farmer’s stall (who is neither wholesaler nor retail grocer) a bunch with a clearly marked price, he cannot return it without tithing. Ḥizqiah notes that מעוּשר should be מחוּסר as noted before. In normative Hebrew, זכייה מניין would be a construct state זכית מנין., nothing is missing for the owners but the credit by counting.
כֵּיצַד הוּא עוֹשֶׂה נוֹטֵל מִן הָעֶלְיוֹן וּמְתַקֵּין. וְאֵינוֹ אָסוּר מִשּׁוּם גֶּזֶל. כְּהָדָא רִבִּי שִׁמְעוֹן בַּר כַּהֲנָא הֲוָה מַסְמִיךְ לְרִבִּי לִעֶזֶר עָֽבְרוּן עַל חַד כֶּרֶם. אָמַר לֵיהּ אַייְתִי לִי חַד קִיסֵּם מֵיחֲצַד שִׁינָּיי. חָזַר וְאָמַר לֵיהּ לֹא תֵּיתִי לִי כְּלוּם אָמַר דְּאִין אַייתֵי כָּל־בַּר נַשׁ וּבַר נַשׁ מֵיעֲבַד כֵּן הָא אָזִיל סְייָגָא דְּגוּבְרָא. רִבִּי חַגַּיי הֲוָה מִיסְמַךְ לְרִבִּי זְעִירָא עָבַר חַד טָעִין חַד מֵיבַל דְּקִיסִּין. אָמַר לֵיהּ אַייְתִי לִי חַד קִיסֵּם נֵיחֲצִי שִׁינָּיי. חָזַר וְאָמַר לֵיהּ לֹא תֵּיתִי לִי כְּלוּם דְּאִין אָתֵי כָּל־בַּר נַשׁ וּבַר נַשׁ מֵיעֲבַד כֵּן הָא אָזֵילָא מִיבְלָא דְּגוּבְרָא. לָא רִבִּי זְעִירָא כָשֵׁר כָּל־כֵּן. אֶלָּא מִילִּין דְּיֹיצְרָן שָׁמַע לָן נֵיעַבְדִּינָן. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן כֵּיוָן שֶׁמָּשַׁךְ קָנָה לֹא הָיָה חָסֵר אֶלָּא מִמְנֵי לֵיהּ. כֵּיצַד הוּא עוֹשֶׂה נוֹתֵן דְּמֵי אַחַת מֵהֶן וּמְתַקֵּן. How does he do it52How does one give tithes from the vegetables one returns to the market stall.? He takes from the uppermost layer and puts it in order. Is that not forbidden because of robbery53If he declares one of the vegetables as tithes, he takes away from the seller. Even if we say that the seller as retailer should be required to tithe himself, if enough customers act like this one, there will be only tithe and heave of the tithe left, and nothing to sell, without the seller having made a single sale. (There are other complications which will be discussed in the next paragraph.)? Like that of Rebbi Simeon bar Cahana54A Tanna of the third generation, student of R. Eliezer. who was supporting Rebbi Eliezer55Rebbi Eliezer was leaning on his arm while walking.. They passed by a vineyard. He said to him, bring me a sliver56Taking the sliver from the wooden fence, since taking property worth less than a peruṭa (one sixth or one eighth of a copper as) is not considered robbing. as a toothpick. He changed his mind and told him, do not bring me anything; if everybody would do that, the fence of this man would be gone. Rebbi Ḥaggai was supporting Rebbi Zeïra. A person passed by who was carrying a load of chips. He said to him, bring me a chip as a toothpick. He changed his mind and told him, do not bring me anything; if everybody would do that, the load of this man would be gone. Is not Rebbi Zeïra particularly pious? No, he told us that we should observe the words of our Creator. Rebbi Abbahu in the name of Rebbi Joḥanan: When he took one stalk, nothing was missing but counting them57Rebbi Joḥanan repeats the opinion of his teacher Ḥizqiah.. How does he do it? He pays for one of them58If the seller is paid, no robbery has occured. The one stalk now is taken as heave of the tithe. The rest of the bunch is permitted to a ḥaver without tithing and the seller can sell it as such. and puts it in order.
וְלֹא נִמְצָא עוֹשֶׂה תְקָלָה לַבָּאִים אַחֲרָיו. עוֹשֶׂה אוֹתָן צִיבּוּר לְפָנָיו. וְיִקְבַּע אוֹתָן לְתוֹךְ פֵּירוֹתָיו. וְלֹא כֵן תַּנִּי קוֹבֵעַ הוּא אָדָם מַעְשְׂרוֹתָיו שֶׁל חֲבֵירוֹ לְתוֹךְ פֵּירוֹתָיו וַאֲפִילוּ עוֹשֶׂה תְקָלָה לַבָּאִים אַחֲרָיו. אָמַר רִבִּי חִינְנָא תִּיקְּנוּ בְלוֹקֵחַ וְלֹא תִיקְּנוּ בְּמַחֲזִיר. But does it not turn out that he creates an obstacle for those who come after him59If the produce is demay or ṭevel. One may not give heave from produce already tithed and if the next buyer would use from the already tithed produce for heave of the tithe, that act would be void and he would in fact be eating ṭevel.? Let him make a separate heap. But why can he not fix them in his own produce60Why should the buyer give the seller money to be able to put that bunch in order; let him return it as is with a remark that the prospective buyer will give the heave of the tithe (and redemption of the Second Tithe) from his own produce at home.? Did we not state61There is a similar text in Tosephta Maäser Šeni 4:8: “One may give the heave of the tithe for produce of an am haäreẓ, even if this creates an obstacle for those who will come later,” meaning later buyers from the am haäreẓ who is the seller; the buyers might treat the produce that was put in order as demay and use it for illegitimate tithing of other produce.: “A person may fix his tithes for someone else, even if he creates an obstacle for those who come after him.” Rebbi Ḥinena said, they made that ordinance for the buyer62This particular exception was meant only for the ḥaver who has no choice but to buy from an am haäreẓ seller, in the absence of a ḥaver on the market. Since the ḥaver is prohibited from buying produce that is not in order, he is forced to stipulate that he will put the seller’s produce in order before concluding the deal. He naturally will tell the seller that his produce will be put in order, but he has absolutely no guarantee that the seller will transmit this information to the other buyers. However, since everything will be fine if the seller really warns the next buyers not to use his produce for tithing, no blame can be attached to the ḥaver who uses his own to put the am haäreẓ’ s produce in order. But this is permitted only to a bona fide buyer, not to one who changes his mind alter already acquiring the produce. but not for him who returns [produce].
כֵּינִי מַתְנִיתָא הָיָה עוֹמֵד וּבוֹרֵר. עַד כְּדוֹן בְּאוֹתוֹ הַמִּין אֲפִילוּ מִין אַחֵר. So says the Mishnah63This refers to the last part of the Mishnah: “If he stopped to buy but saw another, better batch, he may change his mind because he did not take it up.” Since “to buy” has a connotation of “taking it,” the word is changed to “selecting.”: “If he stood selecting.” So far, of the same kind. Also, from a different kind.