Rabbinic JudaismJerusalem Talmud Demai 6.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Demai 6.1

The Jerusalem Talmud

Jerusalem Talmud Demai 6.1

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English · Heinrich W. Guggenheimer

MISHNAH: He who receives a field as sharecropper from a Jew, a Gentile, or a Samaritan, distributes in their presence. He who leases a field from a Jew separates heave and delivers to him. Rebbi Jehudah says, when is that? When he gives from that field and from that kind. But if he gives from another field or from another kind, he must tithe and give him. He who leases a field from a Gentile tithes and delivers to him. Rebbi Jehudah says, also he who is a sharecropper for a Gentile on a field that used to belong to his family tithes and delivers to him.

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English · Heinrich W. Guggenheimer

HALAKHAH: Rebbi Joḥanan said, these are the words of Rabban Simeon ben Gamliel. But the words of the Sages are: From a Jew, he splits; from a Gentile, he gives heave. We have stated: “He who leases a field from a Gentile separates heave and then gives to him. Rabban Simeon ben Gamliel said: If the Gentile does not wish to give heave, I have no right to it, but he distributes and puts it before him.”

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English · Heinrich W. Guggenheimer

Rebbi Zeïra, Rebbi Joḥanan in the name of Rebbi Yannai (Num. 18:28): “You, also you,” to include your plenipotentiary. Just as you are in the covenant, so your plenipotentiary must be in the covenant. You appoint a plenipotentiary, the Gentile may not. Rebbi Yasa wanted to say that the Gentile cannot appoint as plenipotentiary another Gentile, but he can appoint a Jew. Rebbi Zeïra said, from the baraita itself: You appoint a plenipotentiary, does that not mean Jews? Similarly, the Gentile cannot appoint a plenipotentiary, not even a Jew. Rav Hoshaia objects: Does the baraita support Rebbi Joḥanan? “Rabban Simeon ben Gamliel said: If the Gentile does not wish to give heave from his produce, he cannot give heave” Rebbi Abba said, if he confirms it after him.

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English · Heinrich W. Guggenheimer

“ ‘He who leases,’ means he pays in produce, ‘he who rents,’ means he pays money, ‘he who receives,’ as sharecropper for a half, a third, or a quarter”.

5
English · Heinrich W. Guggenheimer

So far a Gentile; a Samaritan? Let us hear from the following: “He who gives a field to a Gentile sharecropper, a Samaritan, or somebody who is not trusted with tithes, before they come to the time of tithes he does not have to tithe for him; after they come to the time of tithes he has to tithe for him.” That is, at a place where Jews are present. At a place where no Jews are available? Let us hear from the following: Rebbi Simon had fields at King’s Mountain. He asked Rebbi Joḥanan, who told him: Let them lie fallow, but do not lease them to a Gentile. He asked Rebbi Joshua ben Levi who permitted it to him. Rebbi Joshua ben Levi is of the opinion that a place where no Jews are available has the status of Syria. For Syria, we hear from the following: Rebbi Ḥaggai descended into Homs. The family Astor asked him: Since no Jews are available here, we lease to Gentiles; do we have to tithe for them? He sent and asked Rebbi Zeïra. Rebbi Zeïra asked Rebbi Immi, who told him that they did not have to tithe. From this you hear that the rules of leasing follow Rebbi Yose. Also from the following: Rebbi Ḥanina, the son of Rebbi Abbahu, said my father had a case; he sent and asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they taught him that the rules of leasing follow Rebbi Yose; hence, as far as tithing for them is concerned, they do not tithe for them.

6
English · Heinrich W. Guggenheimer

“If he received a field to harvest for wheat, grapes to harvest for wine, olives to harvest for oil, he tithes before he delivers.” Come and see: Before he sows, he separates heave; after it was sown, he tithes? Rebbi Ḥinena said, they made a special decree for the sharecropper, so that the Land of Israel should not lie fallow. But here it is already sown.

7
English · Heinrich W. Guggenheimer

“If he received a field to harvest for early ears, grapes to harvest for baskets of grapes, olives to harvest for baskets of olives, he delivers as is.” That means, if (he is paid) in the same kind; but from another field, or from that field but not from the same kind, he must tithe before he delivers. Rebbi Ḥiyya stated: “From the same field, whether it be the same kind or another kind, he separates heave and delivers. From another field, whether it be the same kind or another kind, he tithes and delivers.” The Mishnah follows Rabban Simeon ben Gamliel; what Rebbi Ḥiyya stated follows the Sages, and they disagree. We also may come and state that the Mishnah deals with some place where barley usually does not yield twice as much as wheat; what Rebbi Ḥiyya stated refers to a place where barley usually yields twice as much as wheat.

8
English · Heinrich W. Guggenheimer

There you say, he separates heave and delivers to him. Here you say, he tithes and delivers to him. The colleagues in the name of Rebbi Joḥanan: The Sages fined the one who leases from a Gentile but they did not fine the one who leases from a Jew. Rebbi La in the name of Rebbi Joḥanan: The strict law applies to him who leases from a Gentile but not to him who leases from a Jew.

9
English · Heinrich W. Guggenheimer

One baraita supports one and one baraita supports the other. One baraita supports the colleagues. “He who leases a field from a Gentile separates heave and delivers to him. Rebbi Meïr says, he tithes and delivers to him.” Could the rabbis say, the Sages fined him who leases from a Gentile but they did not fine him who leases from a Jew? How can a fine apply to leasing from a Jew? But so it is: The rabbis say, the strict law applies to him who leases from a Jew, but Rebbi Meïr said, the strict law does not apply to him who leases from a Jew. One baraita supports Rebbi La: “He who leases a field from a Gentile tithes and delivers to him. Rebbi Simeon says, he separates heave and delivers to him.” Could the rabbis say, the strict law applies to him who leases from a Gentile, but the strict law does not apply to him who leases from a Jew; Rebbi Simeon said, the strict law does not apply to him who leases from a Gentile? Can anybody make such a statement? But so it is, the Sages fined him who leases from a Gentile but they did not fine him who leases from a Jew. Rebbi Simeon said, the Sages did not fine him who leases from a Gentile; hence, if the Gentile converted or sold to another Jew, it is permitted.

10
English · Heinrich W. Guggenheimer

Him who says that the law applies, one can understand. He who says, they fined? Rebbi Joḥanan said, one has stated this only in the case of oppressors. Since you say so to him, he exerts himself and buys the land back.

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Jerusalem Talmud Demai 6.1English
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Jerusalem Talmud Demai 6.10%

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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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