Rabbinic JudaismJerusalem Talmud Demai 5.8HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Demai 5.8

The Jerusalem Talmud

Jerusalem Talmud Demai 5.8

1
English · Heinrich W. Guggenheimer

MISHNAH: One tithes from a Jew’s produce for that of a Gentile and from a Gentile’s for that of a Jew; from that of a Jew for that of a Samaritan, and from that of a Samaritan for that of a Samaritan. Rebbi Eleazar prohibits from that of a Samaritan for that of a Samaritan. A flower pot with a hole is like earth. If he gave heave from the earth for a pot with a hole, or from a flower pot with a hole for produce of the earth, his heave is heave. From a pot without a hole for one with a hole it is heave, but he must take heave a second time. From a pot with a hole for one without a hole, it is heave that should not be eaten unless heave and tithes were taken for it. If he took heave from one demay for other demay, or from demay for certain produce, it is heave, but he must take heave a second time. From certain produce for demay, it is heave that should not be eaten unless heave and tithes were taken for it.

2
English · Heinrich W. Guggenheimer

HALAKHAH: The Mishnah is Rebbi Meïr’s, since Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithe; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev.25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets real estate with slaves. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meïr (Lev. 25:23): “The land shall not be sold permanently, because the land belongs to Me,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely.

3
English · Heinrich W. Guggenheimer

The Great Rebbi Ḥuna from Sepphoris said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon. Rebbi Zeïra said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon.

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English · Heinrich W. Guggenheimer

Rebbi Zeïra said before Rebbi Abbahu in the name of Rebbi Eleazar: Even though Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, he agrees here that he may acquire property rights. Rebbi Abba said, in order to eat its fruits. Did we not state: “The buyer brings First Fruits for the good of the world.” Why does he not bring it as a Biblical obligation?

5
English · Heinrich W. Guggenheimer

Rebbi Jonah, Rebbi Simon in the name of Rebbi Joshua ben Levi: He who buys loose produce from a Gentile separates heave and heave of the tithe as a matter of practice, gives it to the tribe, and receives money from the tribe. But he who buys produce still in the ground from a Gentile separates heave and heave of the tithe as a matter of practice, gives it to the tribe, and does not take money from the tribe. What is the reason? (Num. 18:26) “If you remove the tithe from the Children of Israel.” From the Children of Israel you remove the tithe, but not from the acquaintances of Cohanim or Levites. From the Children of Israel you remove the tithe, but not from the hand of a Gentile.

6
English · Heinrich W. Guggenheimer

Rebbi Aḥa said, in the days of Rebbi Hoshaiah they wanted to vote on King’s Mountain, to free it from tithes. They said, let Rebbi Hoshaiah come. Before he could come, the opportunity was lost.

7
English · Heinrich W. Guggenheimer

Rebbi Judah ben Pazi in the name of Rebbi Hoshaiah: Practice follows Rebbi Simeon. Otherwise, we would say, between Rebbi Meïr and Rebbi Simeon, practice does not follow Rebbi Simeon. But because it was stated: “Rebbi Simeon from Shezur said, once some produce that was ṭevel was mixed up with my produce. I asked Rebbi Ṭarphon, and he told me: Go and buy from a Gentile and tithe for it.” On that we have stated: “Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe.” Lest you think that this case has two opposed by two. Therefore, he had to say that practice follows Rebbi Simeon.

8
English · Heinrich W. Guggenheimer

In addition, from the following: Rebbi Zeïra said, Abba the Anatolian bought produce from an Aramean; he came before Rebbi Judah ben Levi who sent his son Menaḥem to put it in order; he gave him his tithes. When he returned, Rebbi Joshua ben Levi met him and said, who else but your father would do such a thing? The arguments of Rebbi Joshua ben Levi are inverted. There, he says that he who buys loose produce from a Gentile, separates heave and heave of the tithe as a matter of practice, gives them to the tribe, and receives money from the tribe; and here he says so! Rebbi Abba bar Zamina said before Rebbi Zeïra, Rebbi Simon does not say so, but when he returned, Rebbi Joshua ben Levi met him and said, this does not belong to your father. Rebbi Zeïra was offended.

9
English · Heinrich W. Guggenheimer

Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Joshua ben Levi, three may tithe without permission: He whose ṭevel was mixed with profane produce. And he who buys from the division of the Samaritans. Rebbi Zeïra said, this implies that he does not take money from the tribe. If you say that he takes money from the tribe, he tithed with permission!

10
English · Heinrich W. Guggenheimer

Rebbi Joḥanan said, the reason of Rebbi Eleazar: Just as they declared the produce of the Land of Israel demay notwithstanding the majority and one may not give heave or tithe from one for the other, so they declared the produce of Samaritans certain, notwithstanding the majority one may not give heave or tithe from one for the other.

11
English · Heinrich W. Guggenheimer

Rebbi Abun bar Ḥiyya in the name of Rebbi Zeïra: They declared a pot to be of doubtful status. But did we not state: “A pot with a hole sanctifies in the vineyard, a pot without a hole does not sanctify in the vineyard.” Because of doubt.

12
English · Heinrich W. Guggenheimer

Just as you say, “from certain produce for demay, it is heave that should not be eaten unless heave and tithes were taken for it,” should one say so also for “from one demay for other demay?” Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac, this means that a case of doubtful dema‘ is like a case of doubt about heave of the tithe from demay; it is free from the rules of certain produce.

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Jerusalem Talmud Demai 5.8English
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Jerusalem Talmud Demai 5.80%

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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