json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Zeraim/Bartenura on Mishnah Demai/English/Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020.json

{
    "language": "en",
    "title": "Bartenura on Mishnah Demai",
    "versionSource": "sefaria.org",
    "versionTitle": "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
    "versionNotes": "",
    "shortVersionTitle": "Rabbi Robert Alpert, 2020",
    "actualLanguage": "en",
    "languageFamilyName": "english",
    "isBaseText": false,
    "isSource": false,
    "direction": "ltr",
    "heTitle": "ברטנורא על משנה דמאי",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Zeraim"
    ],
    "text": [
        [
            [
                "הקלין שבדמאי – that the Sages were lenient with regard to these produce which are mentioned in our Mishnah to not tithe what is doubtfully tithed, because their presumption is that they come from that which is ownerless because they are not important and they have two aspects of doubtfulness: there is a doubt that they come from that which is ownerless and they are exempt from the tithes. And even if you can say that they come from what is guarded and are liable for tithes perhaps they were tithed. Butדמאי /doubtfully tithed produce are the grain and the fruit that are taken from those who are not observing certain religious customs regarding tithes for they are suspect on tithing. But a חבר/member of the order for the observance of Levitical laws in daily intercourse who purchases produce from those who are not observing certain religious customs regarding tithes/עמי הארץ must separate from them only the heave-offering of the tithe and the Second Tithe if it is the year of the Second Tithe (i.e., years 1, 2, 4 and 5 of the seven-year cycle), but [regarding] תרומה גדולה/the Great Tithe (i.e., two percent) those who are not observing certain religious customs regarding tithes are not suspected [of violating] because it [is punishable] by death, and there is no limit/definite quantity or size that one piece of wheat can exempt all of the pile and everyone is careful concerning it. But First Tithe and the Tithe of the Poor there is no need to remove from that which is doubtfully tithed even though those who do not observe certain religious customs regarding tithes are suspected of [not observing] them, because the owner of the produce can say to the Levite or to the poor person who come to take the tithes: “bring proof that this produce is tithed and take it,” for we hold in every place (see Tractate Bava Kamma, Chapter 3, Mishnah 11): “He who wants to exact [compensation] from his fellow bears the burden of proof.” But [regarding] the heave-offering of the tithe, one doesn’t say this, for a person who eats produce that is forbidden pending the separation of sacred gifts that were not separated from it is liable for death and because of the prohibition, we separate out for the heave-offering of the tithe, and also Second Tithe in order that they will not consume it in a state of ritual impurity, or that they should not eat it outside of Jerusalem.",
                "השיתין – desert/wild figs.",
                "הרימין (lote) – it is explained in the Arukh as POLTZARA”KI in the foreign language.",
                "והעוזרדין (sorb-apply/crab-apple) – In Arabic ZA’A’RUD, and in the foreign language SORBISH.",
                "ובנות שוח – white figs that grow every three years , and grow in the forests.",
                "ובנות שקמה (young sycamore trees) – a fig that is grafted with a platanus.",
                "ונובלות תמרה – dates which do not ripen on the tree and they detach them and place them one upon the other until they ripen. But there are those who say that the inferior quality of dates are dates that the wind blew them down prior to their ripening.",
                "גופנים (late grapes) – grapes that they place them in the vine at the end of the harvesting season and they ripen with difficulty.",
                "הנצפה – caper-bush that they call in the foreign language KAIPRI.",
                "האוג (red berry of the Venus summachtree) – a red fruit that we call in the foreign language KORNIOLI. But Maimonides says that it is a tree that makes a kind very red clusters of grapes, and we call them in the foreign language SUMMACH. But this fruit was not important in Judea.",
                "והחומץ – at first, the wine that was in Judea would not ferment because they would bring from it libations and all the vinegar that was in Judea was not in it but rather from the husks and stalks of (pressed) grapes, seeped in water,, used ass an inferior wine; therefore the vinegar in Judea is exempt [from tithing]. But after the libations were abolished and the vinegar came from the wine, the vinegar was liable for being doubtfully tithed even in Judea like in the rest of the places.",
                "והכוסבר (coriander) – like (Exodus 16:31): “[The house of Israel named it manna;] it was like coriander seed, [white and it tasted like wafers in honey];” the Jerusalem Targum calls כוסבר – KOLIANDARO in the foreign language.",
                "דיופרא (a species of figs) – bearing its fruit twice a year. דיו in the Greek language is “two.”",
                "שקמונה – name of a place.",
                "המוסטפוס (fruit burst open – naturally or through scarification) – that ripened on the tree until it burst open from on its own. For all of these are important and their presumption is that they don’t come from something ownerless. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "דמאי אין לו חומש – a person who redeems Second Tithe of doubtfully tithed produce does not give the extra one-fifth (i.e., if he is only bringing the monetary value of his produce and not the actual produce to Jerusalem) because since most of those who are not observing certain religious custom regarding tithes/עמי הארץ – do tithe. Therefore, the principal that is indispensable (i.e., does not invalidate an act by omission) according to the laws of the Torah is brought according to the Rabbis, but the [added] one-fifth is not indispensable according to the Torah can be consumed.",
                "ואין לו ביעור – at the end of three years, a person is obligated to remove/destroy all of his tithes, as it is written (Deuteronomy 26:13): “[you shall declare before the LORD your God:] ‘I have cleared out the consecrated portion from the house [- and have given it to the Levite, the stranger, the fatherless and the widow, that they may eat their fill in your settlements’],” but the Rabbis did not institute this with doubtfully tithed produce.",
                "ונאכל לאונן – for certainly [tithed] Second Tithe is prohibited to a mourner before the burial of a kinsman/אונן as it is written (Deuteronomy 26:14): “I have not eaten of it while in mourning,” but Second Tithe of doubtfully tithed produce, they (i.e., the Rabbis) did not make a decree concerning this.",
                "ונכנס לירושלים ויוצא – it is redeemed and consumed outside of Jerusalem, which is not the case concerning definitely [tithed produce] which the walls [of Jerusalem] retain/protect and people are unable to redeem it and to remove outside the wall [of Jerusalem] after he has entered, but with doubtfully tithed produce, it is not decreed.",
                "ומאבדים מעוטו בדרך (and they lose/abandon a small portion of it on the roads) – if it was doubtfully tithed Second Tithe on the roads in a place where there are hords of wild beasts or robbers, even if there was a small amount and he could bring it without trouble or without loss , it does not concern/worry him and he leaves it to be abandoned on the road in the place where he is. And Maimonides explained that if at the time that he is bringing Second Tithe of doubtfully tithed produce in Jerusalem and a small amount was lost to him on the way, it should not concern him, what is not the case with certainly tithed produce that he must bring all of it up or its monetary value [plus the added one-fifth] and not lose any of it on the way.",
                "ונותנים אותו לעם הארץ – to eat in Jerusalem, and even though he is suspected of consuming it while in a state of ritual impurity, which is not the case with certainly tithed [produce] that we don’t hand over to a person who does not observe certain religious practices related to tithes (i.e., an עם הארץ ) because he is not careful to consume it in a state of ritual purity.",
                "ויאכל כנגדו (and he consumes its equivalent) – corresponding to what he gave to a person who does not observe religious practices related to tithes , he takes from his possessions and consumes with the ritual purity of the Second Tithe in Jerusalem.",
                "ומחללים אותו כסף על כסף (and they redeem it [exchange its redemption money] silver for silver) – if he has silver coins of Second Tithe of doubtfully tithed produce and he needs it, he is able to redeem it for unconsecrated silver coins, what is not the case with certainly tithed [Second Tithe] that he doesn’t redeem silver for silver but rather Selas of the two kings that he can redeem one for the other if the second is current coinage but that of [only] one king, he cannot for this is not the manner of redemption, but for doubtfully tithed produce, it is permitted.",
                "כסף על נחשת (silver for copper) – even it is not an emergency, but of certainly [tithed produce] in an emergency one can [make this exchange], but not in a time which is not an emergency.",
                "ויחזור ויפדה את הפירות – we have this reading, and we don’t have the reading of\"ובלבד שיחזור ויפדה\" /provided that he again redeem the produce [for money].” And this is what he said: And he can return and redeem the produce if he wants, the words of Rabbi Meir, but the Sages say: He cannot return and redeem them but rather, he brings up the produce to Jerusalem [and consumes it there]. And the Halakha is according to the Sages."
            ],
            [
                "הלוקח לזרע – he purchased grain to sow it, he is exempt [from tithes] with doubtfully tithed produce, whereas eatables which ae forbidden pending the separation of sacred gifts, is definitely prohibited to sow [with them].",
                "ולבהמה – he purchased from the beginning to feed his cattle he is exempt [from tithing] that which is doubtfully tithed. But if he purchased from the beginning for humans and changed his mind regarding it [and gave it] to his cattle, he is liable to tithe that which is doubtfully tithed.",
                "וקמח לעורות – to tan the hides.",
                "מכזיב ולהלן – Keziv is the end of the place where those who came up from Babylonia conquered and from there and onwards, those who came up from Egypt conquered, but those who came up from Babylonia did not conquer, but they were not liable for [tithing] doubtfully tithed produce other than from those lands that those who came up from Babylonia conquered alone, therefore from Keziv and onwards is exempt from [tithing] that which is doubtfully tithed, and we don’t worry that perhaps from the produce of the Land [of Israel] that those who came up from Babylonia brought there, for the presumption of that which is outside the Land [of Israel] is exempt until it is known to you that it is liable, and the presumption of the Land of Israel is that it is obligatory until it is known to you that it is exempt.",
                "חלת עם הארץ – that the kneader/baker who is a member of the order for the observance of Levitical laws in daily intercourse prepared for him and wants to give to it to a Kohen who is a member of the order of Levitical laws in daily intercourse is exempt from tithing.",
                "והמדומע – a person who does not observe certain religious customs concerning tithes that fell to him a Seah of heave-offering in less than one-hundred Seah of unconsecrated produce, that everything became mixed in proportions sufficient to make the whole prohibited to non-priests, that is to say, a mixture of heave-offering and he gives everything to a Kohen, he is exempt from tithing that which is doubtfully tithed.",
                "והלקוח בכסף מעשר – that he acquired doubtfully tithed produce with the monies of Second Tithe, whether they are the monies of Second Tithe of produce doubtfully tithed or with the monies of Second Tithe that are definitely [tithed], he is exempt from tithing.",
                "ושירי מנחות – that the person who takes a handful of the meal offering which the priest takes to be put on the altar and the left-overs are eaten by the Kohen and we don’t worry that perhaps a person who does not observe certain religious customs concerning tithes (i.e., an עם הארץ) brings something that is not legally fit for use by giving the priestly dues.",
                "שמן ערב (spiced oil) – balsamum oil, and there are those who interpret olive coil that is combined with myrrh and aloe and spices."
            ],
            [
                "מערבין בו – the joining of borders and the joining of courtyards.",
                "ומשתתפין בו -the merging of alleyways and even though that he did not see it, because if he wanted, he could declare all his property ownerless and would be poor and it is appropriate for him, and this is taught in the Mishnah (Tractate Demai, Chapter 3, Mishnah 1): We feed the poor people doubtfully tithed produce, now also it is appropriate for him.",
                "ומברכין עליו – the prayer after the meal/ברכת המזון.",
                "ומזמנין עליו – and even though he ate while sinning hat he wasn’t poor, for if he wanted he could declare ownerless all his possessions and he would be poor and it would be appropriate for him.",
                "ומפרישין אותו ערום – when he comes to separate from it the heave-offering of the tithe [for the Levite] and he Second Tithe, he is able to separate it and he is naked and does not need to make a blessing, for if he made a blessing, we require (Deuteronomy 23:15): “let your camp be holy,” but it is not.",
                "בין השמשות – on the eve of the Sabbath, for when it doubtfully dark we tithe the doubtfully tithed, but we don’t tithe that which is definitely tithed.",
                "אם הקדים מעשר שני לראשון – if he separated out the Second Tithe prior to his separating out the First Tithe in order to take the heave-offering of the tithe that is in it, it does not matter. What is not the case regarding definitely tithed where it teaches in the Mishnah (Tractate Maaser Sheni, Chapter 5, Mishnah 11) (Deuteronomy 26:13): “just as you commanded me,” but if he separated Second Tithe prior to the First [Tithe], he is not able to confess (Deuteronomy 26:5-10).",
                "הגרדי – the weaver.",
                "חייב בדמאי – for on his body he gives it and anointing is considered like drinking.",
                "והסורק (the wool comber) – with a comb he places on the wool it is like oil to anoint/pour oil the utensils and he is exempt from tithing that which is doubtfully tithed."
            ]
        ],
        [
            [
                "אלו דברים. בכל מקום – even from Keziv and further out, If he purchased them from those not observing certain religious customs regarding tithes/עמי הארץ that it is known that they came from the Land of Israel, for it is distinguishable that there are none like them in appearance other than from the Land of Israel.",
                "כל המשתמש ממנו פטור – even in the Land of Israel that is more recognized and one does not come to exchange them (i.e., the rice that is grown outside the Land of Israel) with the rice of the Land of Israel. But the rest of the things that are mentioned in our Mishnah (i.e., pressed figs, dates, carobs and cumin) there are those from them in the Land of Israel that are similar to those that are outside of the Land [of Israel], but those are that are important that it is custom to carry them because of their importance to places that don’t have a similar kind, required tithing, for it is known that they are from the Land of Israel."
            ],
            [
                "להיות נאמן – on the tithes and that his produce will not be doubtfully tithed from here and onwards.",
                "את שהוא לוקח – [what he purchases] in order to sell, for whereas in order that he eats it, it is taught in the first clause [of our Mishnah]: “he tithes what he eats.”",
                "ואת שהוא מוכר – from the produce of his lands.",
                "על עצמו אינו נאמן – for behold he consumes something that is not legally fit for use by giving the priestly dues when he is a guest with those who do not observed certain religious customs regarding tithes/עם הארץ. But Rabbi Yehuda holds that he doesn’t lose his trustworthiness through this. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "להיות חבר – in the matter of ritual purity, which is being separate and that his clothing and his drinks will be ritually pure. And even a Sage/תלמיד חכם (i.e., a “Fellow”) is not trustworthy with regard to ritual purity until he accepts upon himself the words of the members of the order for the observance of Levitical laws in daily intercourse, unless he is an Elder/זקן and sits in the academy/ישיבה, and a person who accepts upon himself the words of members of order for the observance of Levitical laws in daily intercourse needs to accustom himself for thirty days and afterwards his clothing and his drink will be ritually pure. And there is no acceptance of the words of the members of the order for the observance of Levitical laws in daily intercourse with less than three members, unless the member is a Sage/ תלמיד חכם that does not need to be before three members. And not only this but also that others accept before him.",
                "לח ויבש – and they don’t transmit ritual purity to a person who does not observe certain religious customs regarding tithes/עם הארץ , for it is prohibited to cause ritual impurity to unconsecrated produce in the Land of Israel.",
                "ואינו לוקח ממנו לח – but he does acquire something dry from him that was not susceptible to receive ritual impurity all the while that something liquid does not come upon it. But the person who does not observed certain religious customs regarding tithes (i.e., עם הארץ ) is believed to state that it was susceptible [to receive ritual impurity] but was not defiled.",
                "ולא יתארח אצל עם הארץ – so that he will not become ritually impure and come and defile his purity.",
                "ולא מארחו –[nor host] a person who does not observe certain religious customs regarding tithes.",
                "אצלו בכסותו – that the clothing of a person who does not observe certain religious customs regarding tithes/עם הארץ, his ritual defilement is more severe than the ritual defilement of person who does not observe certain religious customs regarding tithes himself for we suspect that perhaps his wife sat on them while she was a menstruant woman and the clothing of a person who does not observe certain religious customs regarding tithes is Levitical uncleanness arising from someone with gonorrhea’s immediate contact by treading or leading against to the Pharisees. Alternatively, for this reason they said that he cannot host him (i.e., a person who does not observe certain religious customs regarding tithes) other than with his clothing for from the contact itself, he can be more careful from contact with his clothing.",
                "אף לא יגדל בהמה דקה – that it is forbidden to raise [small] cattle in the Land of Israel that won’t graze in the fields of others.",
                "ולא יהא פרוץ בנדרים – for he will ultimately will come to desecration.",
                "ולא יהא פרוץ בשחוק – for laughter and light-headedness will accustom a person to licentiousness.",
                "ומשמש – [and serve] the Sages in the House of Study.",
                "לא באו אלו לכלל – that their matters do not touch upon purity. And the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "הנחתומים – a baker who observes certain religious customs regarding tithes (i.e., he is a חבר) who purchased grain from aa person who does not observe certain religious customs regarding tithes (i.e., an עם הארץ ) which is doubtfully tithed produce, the Sages did not obligate him to separate [tithes].",
                "אלא כדי תרומת מעשר – [the heave-offering of the tithe that the Levite gives to the Kohen] which is one out of one-hundred (i.e., 1/100) but not Second Tithe (In years 1,2,4 and 5 of the seven-year cycle which is eaten in Jerusalem), because the officers of the king and his taskmasters beat them in every hour and say to them: see them cheaply, the Sages did not force them to give the Second Tithe for its trouble is great for one needs to consume it I Jerusalem. And especially when one sells it to a person who observes certain religious customs regarding tithes, for the person who acquires it separates out the Second Tithe, but if he sells it to someone who does not observe certain religious customs regarding tithes, he is liable to separate out the Second Tithe before he sells it.",
                "החנונים – [the storekeepers] who sell a little bit at a time in the store, are not permitted to sell that which is doubtfully tithed, for since they profit a great deal on them, it is upon them to make things legally fit for use by giving the priestly dues. Alternatively, because they regularly sell to young children so that the young children will not eat that which is not legally fit for use by giving the priestly dues.",
                "כל המשפיעים (all wholesale dealers) – who sell with great abundance together.",
                "במדה גסה – further on it explains what is a selling in bulk.",
                "רשאין למכור את הדמאי – it is the manner of man sellers together to increase on the measure and for that reason, they were called wholesale dealers who make an overflowing measure and add to the measures, and because of this they did not place upon them to separate out [tithes] on the doubtfully tithed produce other than for someone who purchases from them.",
                "סיטונות (wholesale provision merchants) – they are the large business men who purchase grain from those who own it and sell it to storekeepers in a large measure/bulk."
            ],
            [
                "את שדרכו להמדד בדקה ומדדו בגסה – we have the reading.",
                "טפילה דקה לגסה (the small quantity is subject to the [rules governing] large quantities) – and he is exempt [from tithing doubtfully tithed produce] when he sells in bulk and we don’t say since that it is his manner to be accustomed to small amounts, he is liable [to tithe doubtfully tithed produce] when he measures with bulk/large quantities.",
                "ובלח דינר – a measure that has what is worth a Denar, because the measure was not known for that which was wet, for the market price always changes, therefore, they estimated in monetary value.",
                "אכסרה (in a lump) – not by measure and not by weight but rather according to an estimation, and he is exempt [from tithing doubtfully tithed produce] for it is like one is selling in bulk. But the Halakha is not according to Rabbi Yossi."
            ]
        ],
        [
            [
                "מאכילין את העניים דמאי – even if they are members of the order for the observance of Levitical laws to daily intercourse and one needs to inform them and the one who wishes to tithe will tithe them.",
                "ואת אכסניא – army of the king of Israel that passes from place to place and it is upon the people of that place to support them, they feed them doubtfully tithed produce, at the time when it passes, but if he stayed there overnight, it is obligatory to make things legally fit for use by giving the priestly dues.",
                "רבן גמליאל היה מאכיל את פועליו דמאי – they were poor. But the Halakha is not according to Rabban Gamaliel for since he is liable for their food, it is found that he repays his obligation with doubtfully tithed produce.",
                "ואת שאינו מעושר למעשר – and the give him at a higher price because of his tithings, and it would be found that every person is eating that which is legally fit for use by having given the priestly dues. But the School of Shammai, according to their reasoning that states, they don’t feed the poor people doubtfully tithed produce.",
                "הרוצה לתקן יתקן – for the doubtfully tithed produce was not permitted to the poor other than when they eat one meal with the owner, but the produce that would come into their hands, it is obligatory for them to tithe the doubtfully tithed produce. You can also deduce it from as it is taught in the Mishnah: “We feed the poor doubtfully tithed produce,” but it does not teach that the poor eat doubtfully tithed produce. Such Maimonides wrote."
            ],
            [
                "לחזום (to trim leaves of vegetables for the sake of lightening the burden) – to cut and to sever but there is nothing similar to it in the Mishnah.",
                "להקל ממשאו – that it will it will not weigh upon him.",
                "לא ישליך עד שיעשר – lest those not observing religious customs regarding tithes and Levitical cleanness find them and eat them when they are not legally fit for use by giving the priestly dues, and it is found that he places a stumbling-block [before them]. But these words concern vegetables that are put up in bunches (which are subject to tithes from the time they are tied), for if they are not gathered in bunches, they are not yet obligated in tithes.",
                "הלוקח ירק מן השוק – and he took tied up bundles of vegetables in his hand whose value was known as such and -such bundles for a penny, and after he had taken them, he changed his mind upon them to return them to the seller.",
                "לא יחזיר עד שיעשר – and he will give him the cost of the tithing that he sets aside, for when when he lifts them they became his, and he is liable for them to tithe them.",
                "שאינו מעושר אלא מנין – this [word] \"מעושר\" its meaning is \"מחוסר\"/lacking, meaning to say, he already bought them through lifting them and nothing was lacking other than to count them, for he already knew such-and-such bundles for a penny.",
                "היה עומד ולוקח – but he did not take them in his hand and he did not lift them up.",
                "טוען אחר – another load of vegetables."
            ],
            [
                "לא יצניע עד שיעשר – since it is forbidden to remove from his hand something that is not legally fit for use by giving the priestly dues.",
                "",
                "שאין אדם רשאי למכרו דמאין – as for example at a small quantities (i.e., retail) as we stated in the chapter above (Tractate Demai, Chapter 2, Mishnayot 4-5).",
                "לא ישלח לחבירו דמאי – in a small measuer, but he sends him a large measure, since he is permitted to sell it in a large measure.",
                "רבי יוסי מתיר – permits sending to his friend something that is definitely tithed, even in a small measure, as long as he informs him. But Rabbi Yossi agrees that with something doubtfully tithed, it is forbidden with a small measure. But the Halakha is not according to Rabbi Yossi."
            ],
            [
                "לטוחן כותי – to a Cuthean who mijlls grain.",
                "הרי אלו בחזקתן – - they do not suspect that perhaps they switches those that were made legally fit for use by giving the priestly dues with others that are not legally fit for use.",
                "לטוחן עובד כוכבים דמאי – for an idolator is suspected of exchanging. But after [the effigy] of a dove was found at the top of Mount Gerizim that they were worshipping it, a Cuthean is [considered] like an idolater.",
                "אצל העובד כוכבים כפירותיו – and the produce of idolaters are exempt from tithing. But the first clause [of the Mishnah] because it was the manner of people to bring many baskets of wheat and to leave them with the miller, we suspect lest this basket was exchanged with other baskets of Israelites which are doubtfully tithed, but regarding produce one is not able to say lest he exchanged them with produce of an Isaelite but rather lest the idolater exchanged them with his produce, therefore they are like the produce of the idolater. But Rabbi Shimon holds that even with produce we suspect lest they were exchanged in the house of the idolater with produce of another Israelite, for just as this Israelite deposited his produce in the hands of an idolater, so there is reason to suspect lest another Israelite is among those who are suspect sn tithing, he also deposited [produce] in his care and these were exchanged with those. But the Halakha is not according to Rabbi Shimon."
            ],
            [
                "פונדקית – mistress of the inn and those who travel on the way lodge with her [at the inn].",
                "מעשר את שהוא נותן לה – a person who is a member of the order for the observance of Levitical laws in daily intercourse doesn’t release anything from his hand that is not made legally fit for use by giving the priestly dues.",
                "ואת שהוא נוטל ממנה – for even though someone not observing certain religious customs concerning tithing is not suspected of exchanging as we stated above (in Mishnah 4), the mistress of an inn is suspected of exchanging, which she intends for good and gives from her own which is better to a person who is a member of the order for the observance of Levitical laws in daily intercourse, for she says to her heart that it appropriate that I will feed from own which is worm and good to a member of the order for the observance of Levitical laws in daily intercourse and I will take his which is cold and worse.",
                "אין אנו אחראין לרמאין – that is to say, the responsibility of deceivers is not upon us to guard them that they will not eat something that is not tithed. Therefore he does not tithe what he gives her (i.e., the mistress of the inn) and if the mistress of the inn acquires it for herself and to eat it when it is not legally fit for use by giving the priestly dues, the person who is a member of the order for the observance of Levitical laws in daily intercourse has nothing from this and does not tithe other than what he takes alone. But Rabbi Yossi holds that she intends to steal. But the Halakha is not according to Rabbi Yossi."
            ],
            [
                "המתקלקל – bread or a cooked dish that spoiled.",
                "אמר רבי יהודה – In the Jerusalem Talmud it explains that the first clause is also the words of Rabbi Yehuda. And this is what he said: Because she is suspected of exchanging that which is spoiled, these are the words of Rabbi Yehuda for Rabbi Yehuda states that she desires the well-being of her daughter, etc.",
                "בנותן לחמותו שביעית – by giving her to bake and to cook in the seventh year.",
                "שאינה חשודה להאיל את בתה שביעית – for the seventh year is more stringent to them and even if it [what she had prepared] would be spoiled, she would not exchange it for seventh year produce. And the Halakha is according to Rabbi Yehuda."
            ]
        ],
        [
            [
                "הלוקח פירות. בשבת יאכל על פיו – for the fear of the Sabbath is upon him, for they fear to violate the Sabbath and to lie on the Sabbath more than on the weekdays.",
                "תרומת מעשר של דמאי – And for this, [the Mishnah] took [the language] the “tenth of the tenth” (i.e., what the Levite must give to the Kohen after receiving his share of the “tenth”- after the original first two percent had been given to a Kohen by an Israelite), for the ignoramuses were suspected of this (i.e., of not fulfilling this Mitzvah) for they hold that [by not fulfilling it] it [is not punishable] by the death-penalty all the while that the First Tithe is not separated, but the Great Terumah/priest’s due (i.e., the initial two-percent that went to the Kohen), they are not suspected of [not fulfilling] it. But the “tenth-of-the-tenth” where one out of one-hundredth [of the portion which] is [questionably tithed] returned to its place (i.e., original pile), with less than one-hundred portions [fully tithed] all of it is “suspect.”",
                "שואלו ואוכל על פיו – For after it is called by name “Terumah”/priest’s due, the fear of “suspicion” of the ignoramus who is seen to lie. And the Halakha is according to Rabbi Shimon Shezuri."
            ],
            [
                "המדיר את חבירו שיאכל אצלו – for he said to him: “I make a vow [of abstinence] on what you cause me benefit, if you don’t eat with me.",
                "שבת הראשונה – of the wedding meal of a young man who married a virgin, they permitted him to eat with him (who had doubtfully tithed) because of fear."
            ],
            [
                "אין צריך לקרות שם למעשר עני של דמאי – for those not observing certain religious customs regarding tithes, they are not suspect regarding the Poor Man’s tithe for they know that the produce that is subject to sacred gifts are [punishable] by death and they set it aside and take it for themselves.",
                "וחכמים אומרים – nevertheless they designate it, for he doesn’t lose anything through this, and he does not need to separate and give them to the poor because the poor regarding himself removes something from his fellow and (see quote from Tractate Bava Kamma, Chapter 3, Mishnah 11): “He who wants to exact [compensation] from his fellow bears the burden of proof.”"
            ],
            [
                "מי שקרא שם לתרומת מעשר של דמאי – that stated that the heave-offering of the tithe (i.e., by which the Levite gives a Kohen one-tenth of what he had received from an Israelite) that I am obligated to separate from this pile, will be placed in the north or in the south and he should not set it aside. But the heave-offering of the tithe of doubtfully tithed produce that he took because the Israelite designated it and gave it to the Kohen and he takes the tithe for himself, but the heave-offering of that which is definitely required being tithed an Israelite does not designate it, but rather he gives the tithe to the Levie and the Levite separates the heave-offering of the tithe and gives it to the Kohen.",
                "לא יטלם – in order to give them to the Kohen or to the poor person that is in the courtyard or that is the alleyway, for it is forbidden to give gifts to the Kohen or to the poor on Shabbat. But when he is accustomed to eat with him, meaning to say who regularly eats at his table, it is permitted, as long as he informs them that they are the heave-offering of the tithe or of the Poor Man’s tithe, for if he does not inform them and they think that he is feeding them from his own, it would be like feeding his guests heave-offering and/or Poor Man’s tithe(s) which is forbidden."
            ],
            [
                "אינו נאמן – for even if he would find that he acquired it from someone who is not [deemed] trustworthy, he is able to escape and to state: “in my eyes, he was trustworthy.” But when he stated to him: “from a certain person” (i.e., the agent was believed) he was not able to escape, for he is not permitted to take it from another person."
            ],
            [
                "איש פלוני נאמן ה\"ז נאמן – even though that he was not worthy to be believed since he himself is suspect, there is a leniency that they made with an lodger/guest because of providing for his life. And especially when he doesn’t know a person there, but if he knows a person there, he should not take from anyone other than a specialist.",
                "מי כאן מוכר ישן – for he fears lest they will feed him “new” grain (see Leviticus 23:14 and Tractate Menahot, Chapter 10, Mishnah 5) prior to the Omer being offered up as a sacrifice, and most of those not observing certain religious customs regarding tithes are not suspected on that which is “new” and if is like doubtfully tithed produce for most of those who are not observing certain religious customs regarding tithes do tithe, therefore, they were not so stringent upon themselves that we would say that they are rendering a service to each other [by mutual recommendations]- you testify about me and I will testify about you."
            ],
            [
                "החמרים – that bring grain from the inexpensive place to the more expensive place.",
                "אין נאמנים – for surely they are rendering a service to each other [by mutual recommendations] and he praises his colleague [and his grain] in this city in order that his colleague should praise his [grain] in another city.",
                "ר' יהודה אומר נאמנים – for since most of those who are not observing certain religious customs regarding tithing do tithe, with doubtfully tithed produce they are lenient because of the lives of the people of the city that that those who sell grain and produce would regularly come there. But the Halakha is not according to Rabbi Yehuda."
            ]
        ],
        [
            [
                "הלוקח מן הנחתום – when the baker [who does not observe certain religious customs regarding tithing] sells [loaves of bread] in large measures (i.e., bulk), a person who purchases from him is obligated to make things legally fit for use by giving the priestly dues, and the baker is exempt [from tithing]. But surely, in that it is taught in the Mishnah above in chapter 2 (in Mishnah 4) that bakers are obligated to separate so that there is a measure for a limit for the heave-offering of tithe [which is given to the Levite] and Hallah [given to a Kohen, usually one forty-eighth for a commercial baker as opposed one twenty-fourth for a private person]. There (i.e., in Tractate Hallah, Chapter 2, Mishnah 4) it is speaking about a person who sells in small quantities (i.e., retail) because he profits greatly, they {i.e., the Rabbis) placed upon him [the responsibility] to tithe; alternatively, because the young children that purchase from someone [who sells] in small portions (i.e., retail), in order that they will not consume eatables forbidden pending the separation of sacred gifts, they (i.e., the Rabbis) placed upon him [the obligation] to make things legally fit for use by giving the priestly dues. The terms מדה גסה/large quantities and דקה/small quantities is explained at the end of the second chapter [of Tractate Demai, Mishnah 5].",
                "נואל כדי תרומת מעשר – which is one [part] in one-hundred (i.e, 1/100) and so he can give Hallah [to the Kohen] one in forty-eight [parts] (i.e., 1/48). But he should not separate them from the loaf that he purchased from the baker, but rather established for them a place and leaves them attached in their place.",
                "אחד ממאה ממה שיש כן – from everything that is here, implying, even with according to the quantity of Hallah that he separated is made into a tithe, and it is found that he separates the tithe (i.e., First Tithe) even from the Hallah portion.",
                "ושאר מעשר – that is another nine [parts] that are next to it, he established a place for the entire [First] Tithe, and that one that one-part that I called it by the name of “[First] Tithe} at first is made into the heave-offering of the tithe (i.e., that which the Levite gives to the Kohen) on the nine [parts] that are near it.",
                "והשאר חלה – one out of forty-eight [parts] (i.e., 1/48) that I separated out as Hallah [for the Kohen].",
                "ומעשר שני בצפונו או בדרומו – he establishes for himself a place and afterwards he redeems it, but he does not need to add the [additional] one-fifth."
            ],
            [
                "נוטל אחד משלשים ושלש ושליש – which is one-third from one-hundred (i.e., thirty-three and one-third). And the Seah that he takes there has three thirds, two of them for the heave-offering which is two from one-hundred (i.e., 2/100 or 1/50) and one for the heave-offering of the tithe which is one out of one-hundred (i.e., 1/100). And he states regarding that Seah that he took one out of one-hundred that is here, whether all of it, which is a third of that Seah.",
                "הרי הוא בצד זה חולין – its explanation: it should remain unconsecrated like it is now in is eatables that are forbidden pending the separation of sacred gifs at the side of the two-thirds that are with him, and the rest, which is two third-thirds will be heave-offering on everything.",
                "מהחולין שיש כאן – that is the third that I spoke of that should remain unconsecrated, behold this is at the side of that tithe.",
                "ושאר מעשר – that is another nine next to this one-third, those ten thirds will be a tithe on the one-hundred thirds. And not exactly ten, but rather a bit less according to the when we reach the [various] years of Terumah.",
                "זה שעשיתי מעשר – that is the one-third that he designated by name to be Tithe first is made the heave-offering of the tithe on the nine thirds. But not a complete third, but rather missing a small amount. And for this it is stated from that unconsecrated that is here, which implies, but not all of the unconsecrated produce. But our Mishnah is like Abba Eleazar ben Gomel who stated at the end of the chapter כל הגט /”All bills of divorce” (Tractate Gittin 31a): just as the owner has the permission to separate the priestly gift of the Great Terumah (i.e., Terumah Gedolah – which is 1/50 which goes to a Kohen), so too he has the permission to separate the heave-offering of the tithe (i.e., the one-tenth of which the Levite ordinarily gives to the Kohen after receiving the First Tithe). And he is also permitted to separate the heave-offering of the tithe through a generous estimation in the chapter \"כל המנחות באות מצה\"/”All meal offerings are brought unleavened” (in the fifth chapter of Menahot 54b-55a), therefore, that one-third that he separates [to be donated] from the whole even though is was appropriate to be missing a little bit, with a generous portion/good will, he separates [these tithes] and it is permitted."
            ],
            [
                "ומן הצוננים על החמה – even though he is tithing from the bad for the beautiful, he holds like Rabbi Illai who stated (Tractate Kiddushin 46b): A person who separates the priestly gift from the bad for the beautiful, his heave-offering is a [legitimate] heave-offering, and regarding doubtfully tithed produce, they (i.e., the Rabbis) permitted this even ab initio.",
                "ואפילו מדפוסים הרבה – and we don’t suspect that perhaps yesterday the baker purchased the grain from someone who separates tithes and today [he purchased the grain] from someone who does not separate tithes, and if is found that he sets aside [for tithes] from that which is exempt for that which has an obligation, for the baker buys from one person, even though he makes it from many [different] molds.",
                "רבי יהודה אוסר – when both of them were from yesterday evening or both of them are from today, Rabbi Yehuda agrees with Rabbi Meir , that even if they come from different molds, they are permitted, because he doesn’t worry about molds. But one from yesterday and another from today, even from one mold, he forbids as I state, etc.: (“Yesterday’s grain may have from one man and today’s grain from another” – i.e., yesterday’s wheat may have been tithed while that of today was not tithed, or vice versa).",
                "ר' שמעון אמסור בתרומת מעשר - for even if both of them were from today or both of them were from yesterday, since they are from two molds, we state that he purchase the grain from two people and perhaps one of them tithed and the other did not [tithe] and it is found that he is separating from that which is exempt for that which is one with an obligation.",
                "ומתיר בחלה – for regarding the dough offering, everyone agrees that even that of yesterday with that of today, and even from two molds, that alternatively he bought from two people, we don’t worry for with the baker he is obligated to separate Hallah in that he formed the dough by rolling."
            ],
            [
                "פלטר – he that purchases many loaves at one time from the bakery shop and afterwards sells them one-by-one in the marketplace.",
                "מעשר מכל דפוס ודפוס דברי רבי מאיר – for Rabbi Meir holds that a bakery shop that purchases from two or three bakers, and we say that this mold he brought from this baker and that mold [he purchased] from another baker. But Rabbi Yehuda holds that he bought [only] from one baker and even though they (i.e., the loaves) are from different molds, all of them are from one baker. Therefore, if all of them were from yesterday or all of them from today, he separates tithes from one to cover all of them according to the law of the baker.",
                "מנפול (a trading mart enjoying a monopoly)– he purchases from many bakery shops and sells to others, and since he is accustomed to purchase from many people, a person who purchases from him tithes for each and every one. And the Halakha is according to Rabbi Yehuda."
            ],
            [
                "הלוקח מן העני – going around begging at the doors.",
                "פלחי דבילה – pieces of cakes of pressed figs.",
                "בולל ונוטל – stamping on the dates or the dried-figs and combining them together and they are mixed and combined and it is found that he separates for tithing from that which is obligatory for he holds that there is a mixture in something dry. But slices of bread or pieces of fig-cake are not mixed and he comes to separate tithes from that which is exempt for that which is liable [for tithing].",
                "שהמתנה מרובה – at the time when all give a large gift, that all of the gifts are equivalent, then the mixture is effective.",
                "אבל בזמן ש המתנה מועטת – that is to say, one gift is smaller than its neighbor or is not mixed well, for perhaps not all of them had separated his priestly gifts and we are suspect that perhaps he is separating tithes from the majority for the minority. So appears the explanation of this Mishnah in the Jerusalem Talmud."
            ],
            [
                "סיטון (wholesale provision dealer) – a merchant who purchases grain from many different owners together and sells to others at wholesale prices (and the purchaser must tithe them -see Tractate Demai, Chapter 2, Mishnah 4).",
                "לא יעשר מזה על זה – for perhaps what he purchased from him the second time, he had acquired it from another individual, and he would come to set aside [tithes] from that which is exempt for that which is obligatory.",
                "ואפילו מאותו סוג (and even from the same chest – and the same quality) – that is to say, from the same chest. And similar to this is found in Tractate Kelim Chapter 167, Mishnah 3: “The large provisions chest.”",
                "ואפילו מאותו המין (and even from the same type) – that both of them are reddish dark-colored wheat or both of them are white. But if the wholesale provision dealer stated that he purchased them from one person, he is believed."
            ],
            [
                "מעשר מזה על זה – for all of it is tithed or all of it is not tithed, and as long as they are from one kind and within the year, for we don’t separate priestly gifts from this year on that [of] another year.",
                "ומגנות אחרות מעשר מכל אחת ואחת – owners of the gardens perhaps this one tithed and that one did not tithe [his produce]."
            ],
            [
                "משני מקומות – that the two sellers informed him that it is eatables forbidden pending the separation of sacred gifts.",
                "אלא לצורך – as for example when there was mixed to his fellow a small amount of unconsecrated produce in a large amount of eatables forbidden pending the separation of sacred gifts (i.e., טבל). For these eatables forbidden pending separation of sacred gifts have no remedy until he tithes for it from another place. And especially to a member of the order for the observance of Levitical laws in daily intercourse (i.e., a חבר) who is permitted to sell eatables forbidden pending the separation of sacred gifts, but not to those not observing certain religious customs regarding tithes (i.e., the עם הארץ ). But those not observing certain religious customs regarding tithes who had mixed unconsecrated produce with eatables forbidden pending the separation of sacred gifts - how does he act? He walks near the member of the order for the observance of Levitical laws in daily intercourse and he purchases for him eatables forbidden pending the separation of sacred gifts from another place and tithes it for him."
            ],
            [
                "משל ישראל על של עובד כוכבים – this Tanna/teacher thinks that there is no acquisition for an idolater in the Land of Israel to release it from tithing and this is Rabbi Meir, but it is not Halakha for we hold that there is an acquisition for idolaters in the Land of Israel to release it from tithing, as it is written (Leviticus 25:23): “But the land must not be sold beyond reclaim, [for the Land is Me; you are but strangers resident Me].,” but if it is sold it is a final sale.",
                "על של כותים – the produce of the Cutheans are definitely eatables forbidden pending the separation of sacred gifts (i.e., טבל) we sell them, for even though when we consume their produce it is tithed, when they sell it, it is not tithe because they are not concerned about (Leviticus 19:14): “or place a stumbling block before the blind.”",
                "רבי אלעזר אוסר משל כותים על של כותים – for sometimes he tithes for himself and changes his mind and sells it, but lest one thing is tithe and the other is not, and it is found that he separates for tithes from that which is exempt for that which on which there is an obligation. And in our time, the Cutheans were made [by the Rabbis] like complete idolaters for all of their matters."
            ],
            [
                "עציץ נקוב – a utensil that they put into it dust and sow it, if it is perforated in order that a small root which is less than the volume of an olive exists, it is like the land and its produce are completely eatables forbidden pending the separation of priestly gifts according to the Torah.",
                "תרם מן הארץ – even ab initio also, he is able to separate the priestly gifts, but because of the concluding clause [of the Mishnah] it took the language of “post-facto.”",
                "תרומה ויחזור ויתרום – for he [separated tithes] from that which is exempt on that which is obligatory, therefore, he should go back and separate the priestly dues again, but nevertheless, because he designated its name as “heave-offering,” he gives it to the Kohen so that people aren’t induced to disregard the heave-offering. But he does not have to remove from it heave-offering and tithes like in the concluding clause [of the Mishnah] because according to the Torah it is not an eatable that is forbidden pending the separation of priestly gifts, but from the perforated [pot] on that which is not perforated, that is what is obligated to separate the heave-offering on that which is exempt [from it], it is according to the Torah, eatables that are forbidden pending the separation of priestly gifts, therefore, he should not consume it until he removes the heave-offering and tithes (see also Tractate Yevamot 89b – “that he should remove heave offering and tithes from another place”)."
            ],
            [
                "מן הדמאי על הדמאי – perhaps this was tithe and that [portion] was not tithed.",
                "תרומה – it is not necessary to make things legally fit for use by giving the priestly gifts since it is doubtfully tithed, but most of those who do not observe certain religious customs regarding tithes do tithe (especially the Large Heave-Offering – the 1/50 portion to the Kohen, which otherwise brings the death penalty).",
                "תרומה ולא תאכל – for it is similar to someone who separates for tithing from a perforated [pot] for something that comes from something that is not perforated (see the previous Mishnah) , from that which is liable [for tithing] on that which is exempt, for if the doubtfully tithed produce is tithe, it is found that the heave-offering are eatables forbidden pending the separation of sacred gifts according to the Torah, therefore, one should not eat of them."
            ]
        ],
        [
            [
                "המקבל שדה – (i.e., an אריס) for fifty percent, for a third or a fourth in the manner of tenant farmers who till the owner’s ground for a certain share of the crops.",
                "חולק לפניהם – and he does not have to tithe the portion of that belongs to the owner of the field, but he places before them part of the profit of the ground which is not tithed, and the Sages did not obligate to the sharecropper that he would tithe the part of the owner [of the field] but he gives hm what he arranged with him when it is tithe because of the settlement of the Land of Israel in order that others not be prevented from being sharecroppers who till the land as tenants for a percentage of the yield.",
                "החוכר – the sharecropper for a fixed amount – such-and-such KORS per year, whether it produces a lot or whether it produces only a little.",
                "תורם ונותן לו – but he does not tithe, for every tenant farmer on this condition goes down to the field that he will give him his stipulated rent from the produce that grows in the field in their eatables that are forbidden pending the separation of priestly gifts, but however, because cannot delay the heave-offering, it is impossible for the granary to be uprooted unless the priestly gifts have been separated because of this, he separates the priestly gifts and gives it to him (i.e., the owner), and it is logical that he deducts for him the heave-offering from his tenancy for what then is the difference of heave-offering from tithes?",
                "אמר ר' יהודה – when is it sufficient for the sharecropper for a fixed amount that he would separate the priestly gifts alone and not tithe? When he (i.e., the tenant farmer) gives him (i.e., the owner of the field his fixed amount from that field and from that species. But if he gave him from a different field, even it was from the same species, or from a different species even it was from the same field as for example, that he sowed part of he field with one species according to the measurement of his tenancy, he liable even to tithe, for it is similar to someone paying back his lien. Alternatively, it is not the intention of the [one who hired the tenant farmer] to receive produce that are not eatable pending the separation of priestly gifts but rather when he pays him from that field and from that species."
            ],
            [
                "החוכר מן העובד כוכבים – the Sages fined a person who is a sharecropper renting a field from an idolater for a fixed amount, that he should tithe what he gives him, in order that there should be no Israelite who is a sharecropper renting a field from an idolater for a fixed amount, that it should remain fallow ground in his hand and because of this, he should need to sell it to an Israel for a small amount of money. But when he is a tenant farmer for the field for a percentage of the crop, he was not fined because the idolater desires more that he should be a sharecropper for a fixed amount than serving as a tenant farmer for a percentage of the yield.",
                "שדה של אבותיו – that the idolater stole it (i.e., the field) from his ancestors, and hey fined him in that he would need to tithe in order to impel/press him that he should purchase it from the idolater because it is beloved to him in that it belonged to his ancestors, he will not allow to receive it from the idolater for more than its appropriate worth, and when the tithing becomes burdensome upon him, he will purchase it. And we hold according to Rabbi Yehuda, who does not dispute the first Tanna/teacher on this."
            ],
            [
                "כשם שחולקין בחולין כך חולקין בתרומה – when the owner of the field takes “one-half,” or “one-third” or “one-fourth” [as the share from the renter in a tenant farmer arrangement] from what the field produced, he takes also “one-half,” or “one-third,” or “one-fourth” from the heave-offering and the tithes that are placed upon it and gives the to any Kohen or Levi that he desires.",
                "אף המעשרות שלהן – if the person who rents as the tenant farmer is a Kohen, all of the heave-offering is his, and if he is a Levite, all of the [First] Tithe is his.",
                "שעל מנת כן – they went down to lease the field as a tenant farmer for a specific share/אריסות , but the Halakha is not according to Rabbi Eliezer for on this condition they went down with what they acquired."
            ],
            [
                "המעשרות לבעלים – in this, even the Rabbis dispute upon that of Rabbi Eliezer {above in the previous Mishnah}, they agree, for since the field is of the owners, it is the place of Tithes, he left over the remnants [for them].",
                "הקרתני – the language of קריה/townsman or village, meaning to say, a person who dwells in the town in the village (i.e., provincial), for such is the manner of villagers to lease a field from the those dwelling in walled cities [like Jerusalem].",
                "יכול הוא הקרתני וכו' – therefore everyone takes his par in the Second Tithe [by going up to Jerusalem to consume it there]. And such is the Halakha."
            ],
            [
                "המקבל זיתים לשמן – an Israelite who leased olive trees [to work on them as a tenant farmer] from a Kohen or from a Levite.",
                "כשם שחולקין בחולין כך חולקין בתרומה – but even though that of above (Mishnah 4) it belongs to the owners, here it is different for he did not lease the land but rather [only] the trees, but the Rabbis did not make trees like the land.",
                "או למחצית שכר – that he would sell the oil and they would divide the profit/gain In the middle [from the sale].",
                "המעשרות לבעלים – For Rabbi Yehuda made the olives like land. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "לא ימכור אדם זיתיו – olives hat became detached from the tree and were not susceptible to receive ritual impurity, as for example, they did not perspire/drip the dripping of the vat/pit where olives are packed until they form a viscid mass where it makes them susceptible to receive ritual impurity.",
                "אלא לחבר – to separate that which is presumed/adhering to ritual purity and he will not sell them to someone who is not a member of the order for the observance of Levitical laws in daily intercourse/חבר and he will not tread/stamp upon them in ritual impurity.",
                "אף למעשר – even to someone who did not accept upon himself other than to tithe but did not accept upon himself to be presumed/adhering to ritual purity can sell them, for since they yet are not susceptible it can stated that perhaps he ate them prior to their perspiring, for even though most of the olives are not ready to be consumed as such, by pretext, anything that we are able to hang on it, we hang upon it. But Maimonides establishes their dispute of that of the School of Shammai and the School of Hillel, for the School of Shammai holds that it is forbidden to cause ritual impurity to unconsecrated produce that is in the Land of Israel while the School of Hillel holds that it is permissible to cause ritual impurity to unconsecrated produce in the Land of Israel.",
                "וצנועי בית הלל – the conscientiously pious ones who are exacting in observance of the commandments who were in the School of Hillel [and who followed the School of Shammai – who would not sell their olives to anyone other than someone who is a member of the order for the observance of Levitical laws in daily intercourse]."
            ],
            [
                "אחד מעשר – one who can be relied on in matters of tithes and Terumah on the tithes.",
                "ואחד אינו מעשר – cannot be relied upon regarding the tithes.",
                "המעשר מעשר את שלו – he makes things legally fit for use by giving the priestly dues on the half of all of what was grown in the vineyard belonging to both of them.",
                "וחלקו בכל מקום שהוא – In the Jerusalem Talmud it explains that this is what he said: and the portion of his colleague, that is, of that which he did not tithe in every place is doubtfully tithed produce. And because there is no choice, we suspect lest half of the part of the person who tithes is in the hand of his colleague who does not tithe and half of the portion of his colleague is in his hand, therefore, even though he already made things legally fit by giving priestly dues of the half of all things that he grew in the vineyard, he is obligated to make things legally fit by giving priestly dues according to the law of doubtfully tithed produce for half of the portion of his colleague that is in his hand."
            ],
            [
                "טול אתה חטין שבמקום פלוני – here we are speaking that they divided a field when its crop is full grown (i.e., when it is with its standing crop) and grapes that are attached in the vineyard, therefore, there is a choice and we say: “this is his half that reaches [up to here] the one who separates tithes - tithes his [own] and that is enough. But above (i.e., in Mishnah 7), we are dealing with his part that is detached from the ground and there is no choice, for each and every stalk belongs to sharing partners and he needs to tithe on the portion of his colleague that is in his hand.",
                "אבל לא יאמר לו טול אתה חטין ואני שעורים – for one cannot say here that this is his portion that reaches him rather, that it is like they exchange with each other, and it is found that this one that tithes sells his portion to someone who does not tithe."
            ],
            [
                "חבר – who is trustworthy in ritual purity and one does not have to say for tithes [as well].",
                "שירשו את אביהן עם הארץ – and the produce that he placed down were doubtfully tithed and with the presumption of being ritual impure.",
                "טול אתה בלח – that are susceptible to receive ritual impurity and I [will take] the dry that has not become susceptible to receive ritual impurity, because it is forbidden for a person who is a member of the order for the observance of the Levitical laws in daily intercourse (i.e., a חבר), to sell to an עם הארץ – a person who does not observe certain religious customs regarding tithes and Levitical cleanness something moist and dry as is taught above in Chapter 2 [Mishnah 3]."
            ],
            [
                "טול אתה עבודת כוכבים ואני מעות – even though that they exchange idolatry and wine known to have been manipulated by an idolater they are forbidden to derive benefit from them, here it is permitted until they don’t come in to his (i.e., the convert’s) hand because the inheritance by a convert of his [non-Jewish] father is not from the Torah, but rather from the Scribes/Soferim (i.e., scholars of the ante-Tannaitic period beginning with Ezra). And this is not similar to a person who is a member of the order for the observance of the Levitical laws in daily intercourse/חבר and an עם הארץ /a person who does not observe certain religious customs regarding tithes and Levitical cleanness who inherited their father who was an עם הארץ – for even prior to it coming to his hand, it is prohibited to tell him: “you take the wheat and I will take the barley,” for there, the inheritance is from the Torah, and it is as if it had come into his hand."
            ],
            [
                "סוריא – these are the lands that [King] David conquered that were not from the Land of Israel as for example, Aram Naharyim and Aram Zoba, and because all of the Land of Israel was not yet conquered . therefore, they were not sanctified with the sanctity of the Land [of Israel] even though it was the conquest of the majority [of the people] but in some of the laws it is like the Land of Israel and in some of the laws it is like outside the Land of Israel (see also Tractate Gittin 8a). And a person who purchases produce in Syria is not liable to separate from them doubtfully tithed produce because most of the produce that is sold in Syria comes from outside the Land of Israel, therefore if he said that they are tithed, he is believed because if he had desired, he could have said that they are from outside the Land of Israel and he would be believed, as it is taught in the Mishnah in Chapter 1 [Mishnah 3 of Tractate Demai] and elsewhere he is believed, here also, when he said: “they were from the Land of Israel and that I tithed them,” he is believed.",
                "שהפה שאסר – when he said that they are from the Land of Israel and they are liable for tithing, this is the [same] mouth that permitted when he said: “I have tithed them,” for just as we believe him in what he forbids when he stated that they are from the Land of Israel, he is believed also in what he permits when he said, “I tithed them.”",
                "משלי הן – from the field that I have here in Syria, he is obligated to tithe as the produce of Syria they (i.e., the Rabbis) decreed concerning the doubtfully tithed produce that was known to have grown there.",
                "ואם ידוע שיש לו שדה – and there isn’t here: “the mouth that prohibited is the mouth that permitted,” for since it is known that he has a field, it is not explicitly stated, that he brought the produce from his field but he was not trustworthy to state that they come from outside the Land of Israel, therefore, when he said, “I tithed them,” he is not believed, for there is the lack of a מיגו – he could have made an argument more advantageous for himself."
            ],
            [
                "עם הארץ שאמר לחבר קח לי – as for example, that the member of the order for the observance of Levitical laws in daily intercourse (i.e., the חבר) was going to the market to purchase vegetables for himself and said to the person who does not observe certain religious customs regarding tithes and Levitical cleanness (i.e., an עם הארץ) said to him: “Buy for me also a bunch of vegetables and the member of the religious order for the observance of Levitical laws in daily intercourse took two undefined bunches – and did not explicitly state: “this one is for me, and that one is for the person who does not observe certain religious customs regarding tithes and Levitical cleanness, he is exempt from tithing that which he gives to the person who does not observe certain religious customs regarding tithes and Levitical cleanness, for there is a choice that when he gives it to the person who does not observe certain religious customs regarding tithes and Levitical cleanness, that is the one (i.e., the bunch) that he took initially for his own deeds, and that a person who is a member of the order for the observance of Levitical laws in daily intercourse does not exchange with what is his. Another explanation from the Jerusalem Talmud: A person who is an עם הארץ that said to a חבר: “Buy for me a bunch of vegetables and the seller is a חבר.” And he knows that the purchaser is buying for an עם הארץ and that the חבר did not purchase anting for himself, this bunch of vegetables is exempt from tithing of doubtfully tithed produce, for since the seller is a חבר and he knows that he (i.e., the purchaser who is a חבר) is buying for the needs of an עם הארץ , he doesn’t sell him unless he has tithed it, for this what we said above in Chapter Two [Mishnah 2] that is prohibited to sell to an עם הארץ unless he had tithed it first. But if the חבר purchased one for himself and one for the עם הארץ and hey became combined, he is required to tithe for perhaps what he sold him for himself was not tithed, for someone who sells to a חבר does not have to tithe and it is upon the purchaser to tithe, as we stated above in Chapter 2.",
                "ואפילו הן מאה – even if one of his became combined with one-hundred of that belonging to the עם הארץ.",
                "גלוסקין – a nice loaf of bread."
            ]
        ],
        [
            [
                "המזמין את חבירו. אומר מע\"ש – and where he stipulated/make a condition from the eve of the Sabbath (i.e., Friday), it is permitted to separate tithes but if he didn’t stipulate [from the eve of the Sabbath], it is forbidden, for it is taught in the Mishnah [Tractate Shabbat, Chapter 2, Mishnah 7]: “if it is a matter of whether or not it is getting dark, they do tithe what is doubtfully tithed produce,” but if it is definitely dark, they do not. But here we are speaking when his fellow invited him and did not lodge him, for if he did lodge him, it states above in Chapter Four [Mishnah 2]: “He eats with him on the first Shabbat, even though he doesn’t believe him regarding tithing.” Alternatively, there, [it refers to] a young man who married a virgin, and here on the rest of the Sabbaths.",
                "הרי הוא מעשר – but the Great Tithe/Terumah Gedolah (i.e., the 1/50th for the Kohen) he does not have to separate out for those who do not observe certain religious customs regarding tithes and Levitical cleanness (i.e., the עם הארץ) are not suspected regarded it [as they do tithe it – for failure to so invokes the death penalty], as we explained in Chapter 1 (see Mishnah 3), but on one out of one-hundred that he separates on the morrow, he says: “Behold this is First Tithe,” and the rest of the tithe which is nine [parts] that he is still liable for in order that there will be ten out of one-hundred, he measures for him the one and afterwards says: “this is the one that I made for [First] Tithe at first, it is made for the heave-offering of the tithe on the nine [parts] that are near it.",
                "מעשר שני – will be to its north or to its south, and will be redeemed with the coinage, and it is found that on the morrow, there is no need to separate tithe, other than the heave-offering of the tithe alone, and he eats and drinks the rest."
            ],
            [
                "מזגו לו את הכוס – [cup of wine] on the Sabbath day.",
                "אומר וכו' – it is not enough for him for what he stipulated from the Eve of the Sabbath (i.e., on Friday), but he needs to once again say on the Sabbath: “When I come to eat and to drink what I shall leave [at the bottom] from the cup [of wine],etc.” In the Jerusalem Talmud, an objection is raised if when he says “from now it will be heave-offering,” for everything is mixed together and it becomes מדומע /mixed with heave-offering/Terumah in proportions sufficient to make the whole prohibited to non-priests (i.e., mixing secular with sacred things), and if when he says, “when I drink it” – it was not heave-offering, but only after that he drank it, and it was found that he was drinking eatables forbidden pending the separation of priestly gifts, and it answers that when he says, “from now and when I will drink it, it will be heave-offering,” and it is found that he didn’t drink eatables forbidden pending the separation of priestly gifts and also that it was not something mixed with heave-offering in proportions sufficient to make the whole prohibited to non-priests.",
                "בפיו – in the mouth of the cup."
            ],
            [
                "שאינו מאמין לבעל הבית – on the tithes.",
                "וחושך גרוגרת אחת - he is prevented from eating one dried-fig corresponding to that of the heave-offering of the tithe [that the Levite gives to the Kohen] that he set aside, in order that he would not steal from the owner of the house.",
                "לא יחשוך (he should not diminish/withhold) – and purchase one dried-fig and eat for if he didn’t eat, he would be starving himself and he would diminish from his meal and it is found that he would diminish through this the work of the owner of the house for he is not able to perform his labor.",
                "לא יחשוך מפני שהוא תנאי בית דין – that the heave-offering of the tithe will be from the owner of the house and the Second Tithe from the worker, therefore, the owner of the house is obligated to give him the dried-fig that he set aside for tithing the heave-offering of the tithe."
            ],
            [
                "הלוקח יין מבין הכותים – before they (i.e., the Rabbis) decreed regarding their wine, their wine was definitely eatables forbidden pending the separation of priestly gifts (i.e., טבל), but here we are speaking about someone who purchases on the Eve of the Sabbath at twilight or who purchases while it is still daytime and forgot to separate [tithes] until twilight, and then it is prohibit to separate [tithes] as it is taught in the Mishnah [Tractate Shabbat, Chapter 2, Mishnah 7]: “If it is a matter of doubt whether or not it is getting dark, they do not tithe that which is certainly not tithed produce,” therefore it is forbidden to establish for it a place for the establishment of a place is considered like setting something aside and that is forbidden at twilight, and because of this it (i.e., our Mishnah) does not teach in the concluding clause “and Second Tithe is redeemed for coins,” for since it is not permitted to establish for it a place to the north or to the south, it is impossible to redeem it, but [only] to designate for it a name, that he said, “that in the future I will separate,” is permitted, for all that much is not decreed at twilight.",
                "שאני עתיד להפריש – here it does not teach, “that I will separate tomorrow,” as it is taught above (see Chapter 7, Mishnah 1) regarding inviting one’s fellow over, for especially, when specifically when he doesn’t make fit for use by separating the priestly gifts other than what he is eating and drinking, they (i.e., the Rabbis) permitted him to separate for the morrow from the left-over of his food and his drink that remains on the rim of the cup, but to make fit for use all of the leather bottle/skin on Shabbat, they (i.e., the Rabbis) did not permit to him. But here he does not designate a name for the heave-offering of the tithe as in the segment dealing with doubtfully tithed produce as above, concerning the case of someone who invites his fellow (see again, Tractate Demai, Chapter 7, Mishnah 1) because regarding doubtfully tithed produce that he tithes, and they are his, he designates them for the heave-offering of the tithe in order to make things legally fit by giving priestly dues for the tithe and to consume it, but here, which is certainly eatables forbidden pending the separation of priestly gifts, he must give the [First] Tithe to the Levite and the Levite will designate it for the heave-offering of the tithe.",
                "ועשרה מעשר ראשון ותשעה מעשר שני – not exactly, for after he separated from one-hundred, two LOGS (i.e., 1/50th - the Great Terumah for the Kohen), and there remains ninety-eight, the [First] Tithe will not be other than ten LOGS less one-fifth and Second Tithe [will be] eight LOGS and eight tenths and one fifth of a tenth.",
                "מיחל ושותה (he regards as unconsecrated produce)– he begins and drinks. Another explanation: he pours and drinks. [The word] \"מיחל\" is like מיהל – the language from (Isaiah 1:22): “[Your silver has turned to dross;] Your wine is cut with water.” But the anonymous Mishnah comes from Rabbi Meir who said that even according to the Torah there is a choice, and that which remains in the bottom of the cup it is as It was separated from the outset. But it is not the Halakha but rather we hold according to the Rabbis who state that there is a choice/subsequent selection (i.e., the legal effect resulting from an actual selection or disposal of things previously undefined as to their purpose), but according to the Torah, there is no choice, and therefore, regarding something that is definitely eatables forbidden pending the separation of priestly gifts (i.e., טבל), he should not eat nor drink until he separates [tithes]."
            ],
            [
                "והוא בבית המדרש – on the Eve of the Sabbath (i.e., Friday) and he feared that lest he would sanctify the day and would not be able to tithe."
            ],
            [
                "כלכלות – baskets.",
                "מעשרות זו בזו – the tithes that I have to separate from this basket will be placed in its neighbor.",
                "הראשונה מעושרת – [the first – basket- is tithed] and he separates from the second [basket] the tithes of both of them.",
                "של זו בזו ושל זו בזו הראשונה מעושרת – but the second [basket] is not tithed, for immediately when he said, “[the tithes] of this one are in that one,” the first [basket] was made legally fit and became exempted from the tithes, but when he returned and stated, “of this one are in that one,” it is found that he was separating from this one [basket] that already had been exempted through the other one which is liable, and we don’t separate tithes from that which is exempt on that which is required, and he didn’t say anything, and takes from the second [basket] and the tithes for both of them.",
                "מעשרותיהן מעשרות כלכלה בחברתה (their tithes are [designated such that] the tithes of each basket are in the other) – the tithes that are obligatory for these two baskets will be of one basket for the other, for he has designated the tithes of both of them as one and separates [tithes] from one for the other, and from the other for the one, for in each one, left eatables forbidden to be consumed prior to offering the priestly gifts (i.e.,טבל) in order to give tithes of its neighboring [basket]. But he does not separate [tithes] on them from another place, for he has designated a name and established the tithes of each one of them that are in the neighboring basked. Another explanation and this is essential: their tithes he tithes one basket with the other, he has designated by name and he separates [tithes] from whichever one that he wants and this is how we explain this matter of their tithes from either of them that I would want that the tithes will be a basket in his neighboring [basket]."
            ],
            [
                "מאה טבל ומאה חולין – that became combined/mixed together.",
                "נוטל מאה ואחד – he takes one hundred [parts] to separate from them First Tithe and Second Tithe according to the law of all eatables that are forbidden pending the separation of sacred gifts/טבל, and one [part] he takes from the one-hundred [of] unconsecrated produce for the heave-offering of the tithe (i.e., which the Levite gives to the Kohen) as if they were eatables forbidden pending the separation of sacred gifts, for the unconsecrated produce becomes like the eatables forbidden pending the separation of sacred gifts itself as regards the heave-offering of the tithe alone, but not as regarding to First Tithe and Second Tithe, and it is found that this loses through this mixture one [part] alone, as he is separating [tithes] from the unconsecrated produce. But the טבל/eatables forbidden pending the separation of priestly gifts that we are speaking about here is that they have had the Great Terumah (i.e., the 1/50th that goes to a Kohen) separated from it already, but the [other] tithes nor the heave-offering of the tithe have yet been separated from it.",
                "מאה טבל ומאה מעשר – that the heave-offering of the tithe had not been separated from the [First] Tithe and they became mixed together, he takes one-hundred [parts] of eatables that are forbidden pending the separation of sacred gifts/טבל to separate from them the tithes as explained above, and he takes one [part] from the one-hundred [parts] of [First] Tithe which are made like the טבל/eatables forbidden pending the separation of sacred gifts itself to make oneself liable for תרומת מעשר/ the heave-offering of the tithe (the 1/10th that the Levite gives to the Kohen) and there remained ninety-nine [parts], he separates from them the heave-offering of the tithe according to the calculations which are ten [parts] minus the tenth of a part. But if the [First] Tithe did not become combined with eatables forbidden pending the separation of sacred gifts/טבל, he would not separate any other than ten [parts] for the heave-offering of the tithe that are within it – [but] now that they had become mixed up with the eatables that are forbidden pending the separation of sacred gifts, he separates eleven [parts] minus a tenth, it is found that he loses one [part] less a tenth.",
                "מאה חולין מתוקנין ומאה מעשר – First [Tithe] from which the heave-offering/תרומה had not been separated out [for the Levite] that had become combined, he takes one-hundred parts for the sake of First Tithe in order to separate from them ten [parts] for the heave-offering of the tithe [that the Levite gives to the Kohen] that is in them and ten [parts] he takes from the one-hundred of unconsecrated produce that is legally fit for use following the separation of priestly dues as if they were First Tithe, for ten [parts] are for the heave-offering of the tithe and it is found that he loses ten [parts]. But, that we are not so stringent when they become combined with eatables forbidden pending the separation of sacred gifts/טבל to oblige separating from the eatables forbidden pending the separation of sacred gifts ten [parts] for the heave-offering of the tithe like the one-hundred of [First] Tithe, because of this is the law for every thing that becomes mixed that it returns to be like it was at its beginning therefore, the [First] Tithe returns to become like eatables forbidden pending the separation of sacred gifts but the טבל /eatables forbidden pending the separation of sacred gifts does not return to become like [First] Tithe.",
                "מאה טבל ותשעים מעשר וכו' לא הפסיד כלום – for since there is are in the טבל /eatables forbidden pending the separation of sacred gifts ten extra, we judge it as if it has provision from another place. And all eatables forbidden pending the separation of sacred gifts that became mixed with unconsecrated produce, if there are other eatables that are forbidden pending the separation of sacred gifts/טבלים that he can separate on this mixture from another place, he does not separate other than according to the calculation of the eatables forbidden pending the separation of sacred gifts alone. But here, when the טבל/eatables forbidden pending the separation of sacred gifts is greater by ten on [the First Tithe] we calculate as if they are from another place and one separates from them according to the calculation of eatables forbidden pending the separation of sacred gifts/טבל alone, and he doesn’t lose anything.",
                "כל זמן שהטבל מרובה – and it will be greater by ten, and this is brought in the Jerusalem Talmud."
            ],
            [
                "עשר שורות של עשר עשר כדי יין – that are arranged in the Land [of Israel] that in every matter that you count whether from the east to the west or from the north to the south, you will find ten rows [jugs of wine] ten which are one-hundred jugs [of wine].",
                "שורה החיצונה אחת מעשר – one earthen wine jug that is in the outer row, I have established as [First] Tithe on the other earthen wine jugs that I have.",
                "ואין ידוע איזה – [it is not known which] outer row, for behold there are four outer rows corresponding to the four directions.",
                "נוטל שתי חביות באלכסון (he must take two barrels from diagonally opposite corners) – one to the southeastern corner and second to it in the northwestern corner, for each earthen jug [of wine] that is in the corner is counted for two directions, and he should fill up from both of them one earthen jug [of wine] and it will be tithed [as heave-offering of the tithe for the one-hundred jugs].",
                "חצי שורה החיצונה אחת מעשר (a half of one outside row is designated as [First] Tithe [for fifty jugs])- but if he said, one earthen jug [of wine] that is in the middle of the outer row, it I have established as [heave-offering of the First] Tithe on the other earthen jugs [of wine] that I have.",
                "ואין ידוע איזה – [and it is not known which] half row from the four outer rows.",
                "נוטל ארבע חביות מד' זויות – because there is on each corner from he two halves that are in the two outer rows that are near it, and he fills up one earthen jug from those four one and it will be the [heave-offering of the] tithe.",
                "שורה אחת מעשר – but if he said, one earthen jug [of wine] that is in one row from these ten rows – it I have established for [First] Tithe and it is not known in which row it is.",
                "נוטל שורה אחת באלכסון – that is to say, he takes ten earthen jugs from one row from the southeastern corner until the northwestern corner, or from the southwestern corner until the northeastern corner and he fills from all of these ten earthen jugs [of wine] one earthen jug and it will be [the heave-offering of the First] . But for what reason does he take in a diagonal line and he doesn’t take from one entire row straight from east to west or from north to south? For when he takes in a diagonal line, whether one counts all the entire rows from east to west or whether that he counts them from north to south, it is found that he takes one earthen jug [of wine] from each and every row, what is not the case if he were to take one row the length of from east to west or from north to south."
            ]
        ]
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}