משנה: הַמַּזְמִין אֶת חֲבֵירוֹ שֶׁיֹּאכַל אֶצְלוֹ וְהוּא אֵינוֹ מַאֲמִינוֹ עַל הַמַּעְשְׂרוֹת. אוֹמֵר מֵעֶרֶב שַׁבָּת מַה שֶׁאֲנִי עָתִיד לְהַפְרִישׁ לְמָחָר הֲרֵי הוּא מַעֲשֵׂר וּשְׁאָר מַעְשֵׂר סָמוּךְ לוֹ. זֶה שֶׁעָשִׂיתִי מַעֲשֵׂר עָשׂוּי תְּרוּמַת מַעֲשֵׂר עָלָיו וּמַעֲשֵׂר שֵׁנִי בִצְפוֹנוֹ וּבִדְרוֹמוֹ וּמְחוּלָּל עַל הַמָּעוֹת. MISHNAH: If somebody invites his friend for a meal1On the Sabbath, when tithing is forbidden. but the latter does not trust him with tithes, the friend should say on Friday eve: That which I will separate in the future shall be tithe, the rest of tithe near to it2The nine tenths of the tithe that one is not required to give.. That which I made tithe shall be the heave of the tithe for everything, and the Second Tithe shall be to the North (or South) and be redeemed by coins3It is understood that the prospective guest must have some coins at home, reserved for redemptions. Each time some Second Tithe is redeemed, a peruṭah, one-eighth of an obolus, must be deducted from the value of the coin. If all value has been used, the coin should be destroyed..
הלכה: אָמַר רִבִּי יוֹחָנָן מַתְנִיתָא בִדְמַאי הָא בְּוַדַּאי לֹא. מַתְנִיתָא אָמַר אֲפִילוּ בְּוַדַּאי זוֹ תַנֵּינָן תַּמָּן הָיוּ לוֹ תְאֵנִים שֶׁל טֵבֵל בְּתוֹךְ בֵּיתוֹ וְהוּא בְּבֵית הַמִּדְרָשׁ אוֹ בַשָּׂדֶה. אִין תֵּימַר בִדְמַאי אֲנָן קַייָמִין לֵית יָכִיל דְּתַנֵּינָן הָ[יוּ] דְמַאי מַה אָמַר רִבִּי יוֹחָנָן בִּדְמַאי לֹא בְּוַדַּאי לֹא אָמַר אֶלָּא מַתְנִיתָא בִדְמַאי. מַה בֵין דְּמַאי וּמַה בֵין וַדַּאי. דְּמַאי אָדָם מַתְנֶה עַל דָּבָר שֶׁאֵינוֹ בִרְשׁוּתוֹ וַדַּאי אֵין אָדָם מַתְנֶה אֶלָּא עַל דָּבָר שֶׁהוּא בִרְשׁוּתוֹ. HALAKHAH: Rebbi Joḥanan said: The Mishnah deals with demay. Hence, not with certain produce4Either ṭevel or produce from which heave was taken but one is certain that no tithe was taken.? A Mishnah5Mishnah 7:6. Since the possibility of tithing while he is out in his fields is discussed, that Mishnah must deal with weekdays. One discusses here only the possibility of tithing at a distance, which may apply also to produce which is certain. Tithing on the Sabbath is explicitly forbidden by Mishnah Sabbath 2:7, but the discussion here shows that the execution of a tithing plan already spelled out on Friday may be permitted. says, even for certain produce, as we have stated there: “If he had ṭevel figs in his house and he was in the House of Study or on the field.” If you want to say that we deal with demay, you cannot do so, since it is stated6Mishnah 7, a direct continuation of Mishnah 6.: “If it was demay.” What Rebbi Joḥanan said was that it deals with demay. He did not say, not with certain produce, but that this Mishnah deals with demay7R. Joḥanan asserted that this Mishnah deals with demay; he did not state that provisos can only be made for demay. Hence, the problem lies not in the possibility of a proviso but in its nature.. What is the difference between demay and certain produce? For demay, a person may make a proviso for something that is not in his possession; for certain produce, he may only make a proviso for something that is in his possession.
רִבִּי יַנַּאי הֲוָה לֵיהּ תְּנַאי וַדַּאי שְׁאַל לְרִבִּי חִייָא רוּבָּה מַהוּ מְתַקְּנָהּ בְּשׁוּבְתָא. אָמַר לֵיהּ לְמַעַן תִּלְמַד לְיִרְאָה אֶת יי֨ אֱלֹהֶיךָ כָּל־הַיָּמִים וַאֲפִילוּ בְשַׁבָּת. מַהוּ דְחָמַת מֵיקַל בַּלָּשִׁי תָלוּי בִּי. אָמַר לֵיהּ עָתִיד אַתְּ לְהַנְהִיג שְׂרָרָה עַל יִשְׂרָאֵל. Rebbi Yannai had made a proviso for certain produce8He had no time to tithe before the start of the Sabbath. (The Yevamot.93a">Babli, Yebamot 93a, reports that his sharecropper used to bring him fruits every Friday afternoon, and that time he was so late that R. Yannai got nervous and made a proviso since the fruits would spoil if not eaten on the Sabbath.) Since provisos for certain produce were mentioned last, they are discussed first.. He asked the Great Rebbi Ḥiyya, may one fix this on the Sabbath? He said to him (Deuteronomy.14.23">Deut. 14:23): “That you should learn to fear the Eternal, your God, all the days,” including the Sabbath9“You shall eat before the Eternal, your God, at the place that He shall choose to let His Name dwell there, the tithe of your grain, your wine, and your oil, the first-borns of your cattle and sheep, so that you should learn to fear the Eternal, your God, all the days.” Since the verse speaks of tithes, one may tithe on the Sabbath. {In the parallel version in Yevamot.93">Babli Yebamot 93a/b, the verse is taken to prove that one should make provisos so that certain produce on the Sabbath does not diminish one’s enjoyment of the Sabbath (interpretation of Rashi).}. How did you see a way to be so lenient, my initiative10The reading בלשי is attested to by all manuscript sources. The consensus of the commentators is that one should read בשלי, “it (a possible sin) hangs on me.” But then the final בי would be unnecessary. I am taking the word parallel to Arabic בלשׁ, “to initate, show initiative.” R. Yannai is reluctant to follow the lenient ruling of R. Ḥiyya, who praises him for his independent and careful position. [J. Levy reads מַקִּיל בַּלָּשֵי “the stick of the investigators”, the instrument of customs officials (Kelim 15:4" href="/Mishnah_Kelim.15.4">Mishnah Kelim 15:4) used to check whether a load of grain does not hide taxable goods.] depends on me! He said to him, in the future you will carry leadership in Israel.
רִבִּי הוֹשַׁעְיָא הָיָה לוֹ תְּנַאי וַדַּאי. חָדָא אִיתָא בִשְּׁלָה יֶרֶק אַנְשִׁייָת מְתַקְּנָתָהּ. אֲתַת לְגַבֵּי רִבִּי הוֹשַׁעְיָא וְשָלַח לְזַבְדִּי בֶּן לֵוִי דִּיתַקֵּן לֵילָא. רִבִּי בָּא בַּר מַמָּל בְּעֵי וְלָא הֲוָה זַבְדִּי בַּר לֵוִי צְרִיךְ מְזַכֵּיא לְרִבִּי הוֹשַׁעְיָא בְּיַרְקָא. רִבִּי זְעִירָא בְּעֵי מַה נָן קַייָמִין. אִי בְּשֶׁיֵּשׁ לוֹ תְּנַאי עָלָיו וְעַל אֲחֵרִים אֵינוֹ צָרִיךְ לְזַכּוֹתוֹ בְּיֶרֶק. וְאִם בְּשֶׁאֵין לוֹ תְּנַאי לֹא עָלָיו וְלֹא עַל אֲחֵרִים צָרִיךְ לְזַכּוֹתוֹ בְּיֶרֶק. רִבִּי יַעֲקֹב בַּר זַבְדִּי בְשֵׁם רִבִּי אַבָּהוּ אִיתְתָבַת וְלֹא זְכִי זַבְדִּי בֶּן לֵוִי לְרִבִּי הוֹשַׁעְיָא בְּיַרְקָא. Rebbi Hoshaia had made a proviso for certain produce. One woman cooked vegetables she had forgotten to put in order. She came to Rebbi Hoshaia who sent Zavdi ben Levi11An Amora of the first generation, possibly a son of Levi ben Sissi; most of his original statements are in Aggadah. to put it in order for him and for her. Rebbi Abba bar Mamal asked, would Zavdi ben Levi not have to give Rebbi Hoshaia property rights on these vegetables12Since this is forbidden on the Sabbath, how could Zavdi ben Levi possibly tithe on R. Hoshaia’s proviso, considering that for certain produce one may not make a proviso for produce not in one’s possession.? Rebbi Zeïra asked, where do we hold? If his proviso was meant for him and for others, he does not have to give him property rights on the vegetable13What had been excluded was a proviso valid solely for another’s produce, as described in the Mishnah. It is a general principle accepted in all of Talmudic legislation that anything one can do for himself he can do for himself and others. Hence, a proviso valid for him and for all Jews of his locality will be perfectly legal even under the restriction outlined at the start.. If his proviso was not meant for him and for others, he has to give him property rights on the vegetable. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It was answered, Zavdi ben Levi did not give Rebbi Hoshaia property rights on the vegetable14Hence, if one makes such a proviso (or, if the rabbi does,) it is advisable to make it for oneself and for all inhabitants of one’s town, as in the formula for an eruv..
אָמַר רִבִּי יַנַּאי צָרִיךְ שֶׁיְּהֵא זָכוּר תְּנַייוֹ. שִׁמְעוֹן בַּר ווָא בְשֵׁם רִבִּי יוֹחָנָן וְצָרִיךְ לְהַלְחִישׁ בִּשְׂפָתָיו. Rebbi Yannai said, he must remember his proviso. Simeon bar Abba in the name of Rebbi Joḥanan, he must whisper with his lips16Return to the discussion of the Mishnah. At the meal, the guest must remember that he tithes according to his prior proviso or whisper that he acts on that premise..
רִבִּי יִרְמְיָה בְּעָא קוֹמֵי רִבִּי זְעִירָא וְלֹא נִמְצָא כִּמְתַקֵּן בְּשַׁבָּת. אָמַר לֵיהּ אַדְהִיתְנֵיהּ. רִבִּי יִרְמְיָה בְּעָא קוֹמֵי רִבִּי זְעִירָא וְאֵינוֹ אָסוּר מִפְּנֵי אוֹבְדָן אוֹכְלִים. אָמַר לֵיהּ מְפָֽרְרֵי כָּל־שֶׁהוּא וְאוֹכֵל. רִבִּי יִרְמְיָה בְּעָא קוֹמֵי רִבִּי זְעִירָא וְאֵינוֹ אָסוּר מִשּׁוּם גֶּזֶל. אָמַר לֵיהּ רוֹצֶה הוּא שֶׁיְּהֵא לוֹ נַחַת רוּחַ. Rebbi Jeremiah18All his questions deal with the problem that the rabbis cannot institute rules which contradict Biblical prohibitions; they can only abrogate rabbinical rules under certain circumstances. asked before Rebbi Zeïra: Is he not like somebody who makes repairs on the Sabbath19To repair something otherwise unusable on the Sabbath is a capital crime under the heading of מכה בפטיש.? He said to him, because of his proviso20The essence of giving heave is to give it the name of heave, not the actual separation. Since the name was given on Friday, the actual separation is not the act that makes the food edible and is not Biblically forbidden.. Rebbi Jeremiah asked before Rebbi Zeïra: Is it not forbidden because of destruction of edibles20The essence of giving heave is to give it the name of heave, not the actual separation. Since the name was given on Friday, the actual separation is not the act that makes the food edible and is not Biblically forbidden.? He said to him, he crumbles a small amount and eats21It is a general prohibition, בל תשחית, to wantonly destroy usable things. In particular, foodstuffs may not be destroyed. The tiny amount the guest set aside for heave of the tithe must somehow be destroyed since under the circumstances it cannot be given to a Cohen.. Rebbi Jeremiah asked before Rebbi Zeïra: Is it not forbidden because of robbery23To take some of the host’s property without the latter’s knowledge is a violation of the host’s property rights and therefore should be forbidden (even if its value is less than a peruṭa and, hence, is not claimable in court).? He said to him, the host desires the satisfaction of his guest24Since without it, the guest would not eat at his place, the invitation implies the host’s acquiescence to the guest’s actions. Hence, it is not against the will of the host..
מִילֵּיהוֹן דְּרַבָּנִין פְּלִיגִין דְּאָמַר רִבִּי שְׁמוּאֵל בַּר רִבִּי יִצְחָק רִבִּי וְרִבִּי יוֹסֵי בֵּי רִבִּי יְהוּדָה נִתְאָֽרְחוּ אֶצֶל בַּעַל הַבַּיִת אֶחָד. אֲזַל לִישְׁנָא בִישָׁא אֲמַר לֵיהּ הַב דַּעְתָּךְ דְּאִינּוּן מְחַשְׁדּוּנָךְ יְתִיב לֵיהּ מְעַייְנֵי לוֹן וַהֲווֹן עָֽבְדִין נַפְשִׁין מִזְרְקִין אִילֵּין לְאִילֵּין וּמְתַקְּנִין. וְאֵינוֹ רוֹצֶה הֲנָחַת רוּחַ. רוֹצֶה הוּא אֶלָּא דְלָא בְּעֵי דְחַשְׁדּוּנֵיהּ. The words of the rabbis disagree since Rebbi Samuel bar Rebbi Isaac said: Rebbi and Rebbi Yose ben Rebbi Jehudah were guests of a private person. Evil rumors told the latter, watch out, they are suspecting you25They do not trust you with tithes. It seems that they could not have refused the invitation, in particular as R. Yose ben R. Jehudah follows the teachings of his father, cf. Halakhah 2:2, second paragraph, even though he does not follow him in his opposition to anybody fixing the food which is another’s property, as in the next paragraph.! He sat near them and was watching them26The guests noticed that they were watched whether they would behave as if the host was an am haäreẓ.. They pretended to throw food against each other and in that way were putting the food in order27They threw little pieces of food against each other. These little pieces were not eaten but served as heave of the tithe without the host’s knowledge.. Does he not desire their satisfaction? He does, but he does not want to be suspected28The produce probably was tithed but since the host was not publicly part of the circle of the trustworthy persons, his food must be considered demay..
תַּנִּי רִבִּי יוּדָה אוֹסֵר. מַה טַעְמָא דְּרִבִּי יוּדָה וְיֵשׁ אָדָם מַתְנֶה עַל דָּבָר שֶׁאֵינוֹ בִרְשׁוּתוֹ. מוֹדֶה רִבִּי יוּדָה שֶׁהוּא הוֹלֵךְ וְלוֹקֵחַ מִמָּקוֹם שֶׁלָּקַח זֶה וּמְעַשְּׂרָן. וְיֵשׁ אָדָם מַפְרִישׁ עַל דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן עָשׂוּ אוֹתוֹ כְּמוֹכֵר פֵּירוֹת טְבוּלִין לַחֲבֵירוֹ. כְּהָדָא דְתַנִּי הַמּוֹכֵר פֵּירוֹת טְבוּלִין לַחֲבֵירוֹ הֲרֵי זֶה רָץ אַחֲרָיו וּמְתַקְּנוֹ. לֹא מְצָאוֹ אִם יָדוּעַ שֶׁהַפֵּירוֹת קַייָמִין מְעַשֵּׂר עֲלֵיהֶן וְאִם לָאו אֵינוֹ צָרִיךְ לְעַשֵּׂר עֲלֵיהֶן. סָפֵק קַייָמִין סָפֵק אֵין קַייָמִין מְעַשֵּׂר עֲלֵיהֶן וְקוֹרֵא שֵׁם לְמַעְשְׂרוֹתֵיהֶם. It was stated29Tosephta Demay 8:5: “R. Jehudah said, can a person make a proviso about something not in his possession? But Rebbi Jehudah agrees that he may go and buy from the place from which his host bought.” Since the argument is Amoraic in our text, the Tosephta must represent a Babylonian edition.: “Rebbi Jehudah forbids30He forbids these provisos even on weekdays and requires tithing by the guest before going to the party..” What is the reason of Rebbi Jehudah? Can a person make a proviso about something not in his possession? “But Rebbi Jehudah agrees that he may go, buy from the place from which his host bought, and tithe.” Can a person give for something that is not his? Rebbi Abbahu in the name of Rebbi Joḥanan: they considered him as one who sold ṭevel produce to another person, as was stated31Tosephta Maäser Šeni 3:7, in slightly different language but identical meaning. R. Jehudah’s restriction that the tithing must be from the same source as the ṭevel is not mentioned.: “He who sells ṭevel produce to another person has to run after him and put the produce in order. If he does not find him, if it is known that the produce still exists, he has to tithe for him32Also for something that is not in the tither’s possession. The case discussed by R. Jehudah is parallel to the doubtful case here.; if not, he does not have to tithe for him. If it is doubtful whether the produce exists or not, he tithes for it and gives a name to the tithes33Since all tithes have to be named even if only the heave of the tithes actually has to be separated and given..”