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The Jerusalem TalmudJerusalem Talmud Maaser Sheni 5.3

The Jerusalem Talmud

Jerusalem Talmud Maaser Sheni 5.3

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English · Heinrich W. Guggenheimer

MISHNAH: How does one redeem a fourth-year orchard? He puts a tetradrachma before three [experts] and asks, how much does a person redeem for himself for a tetradrachma when all expense is on him? Then he puts down the money and says, all that is collected under this is exchanged for this money; so and so many baskets per tetradrachma. In a Sabbatical, he redeems its full value. If all of it was abandoned, he has only the cost of harvesting. He who redeems a fourth-year orchard adds its fifth whether it was his or was given to him as a gift. The removal was on the day before the first day of Passover in the fourth and the seventh year [of the Sabbatical cycle.] What is the removal? One gives heave and heave of the tithe to its recipients, First Tithe to its recipients, tithe of the poor to its recipients. Second Tithe and First Fruits are removed on the spot. Rebbi Simeon says, first fruits one gives to the Cohanim like heave. A cooked dish the House of Shammai say one has to remove, but the House of Hillel say it is as if removed. He who had produce in this time and the year of removal came, the House of Shammai say he has to exchange it for money; the House of Hillel say, either money or produce.

2
English · Heinrich W. Guggenheimer

HALAKHAH: To redeem for a tetradrachma [means] he buys for himself for a tetradrachma. “He has only the cost of harvesting” including the cost of removing the pedicles. Rebbi Hoshaia took three wholesalers [?] and redeemed on their word.

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English · Heinrich W. Guggenheimer

It is written (Deut. 14:28): “At the end of three years you shall take out all tithe of your produce, in that year, and deposit it in your gates.” I could think that once in a Sabbatical cycle you have to distribute the tithes including the tithe of the poor. The verse says “at the end of three years,” once in three years and not once in seven; i. e., in the third and the seventh, twice in a Sabbatical cycle. Do I understand at New Year’s Day, that on New Year’s Day you have to distribute the tithes including the tithe of the poor? The verse says “at the end of three years.” “At the end” means at its conclusion you remove, you do not remove on New Year’s Day. If it is at the end of the year, I could understand that at the beginning of the fourth you have to remove the tithes including the tithe of the poor; the verse says (Deut. 26:12): “If you have finished tithing [all tithe of]78 your produce,” when you have tithed all your fruits. If it is when you have tithed all your fruits, could I understand even on Ḥanukkah? It says here, “at the end of;” it says further (Deut. 26:12): “At the end of seven years, on the fixed time of the Sabbatical year, on the festival of booths.” Since “at the end” there means at a fixed time, so here also at a fixed time. Since there “at the end” means the holiday of booths, does it here also mean the holiday of booths? The verse says “if you have finished tithing all tithe of your produce,” when you have finished tithing all of your fruits? On Passover of the fourth year.

4
English · Heinrich W. Guggenheimer

(Deut. 14:28) “In that year” your are obliged to remove it but you are not obliged to remove it in any other year. “In that year” you are obliged to remove; you are not required to remove vegetables which grew between New Year’s Day and Passover. The colleagues say, because he can make a declaration [for the latter] only in the fifth year. Rebbi Hila said, because it does not hinder the declaration in the fourth, only in the fifth. Where do they differ? If he transgressed and included it in his declaration. According to the colleagues it is invalid, according to Rebbi Hila is it valid.

5
English · Heinrich W. Guggenheimer

“In that year” you take it out from impure for pure but in other years you do not take it out from impure for pure. Rebbi Eleazar said, so is that baraita: “ ‘In that year’ you have to take it from an impure place to a pure but in other years you do not have to take it from an impure place to a pure.” This statement of Rebbi Eleazar follows the opinion that one does not give tithe to Cohanim. In the days of Rebbi Joshua ben Levi they wanted to vote not to give tithe to Cohanim. They said, why should we come to Rebbi Joshua ben Levi since he will help the Levites. He came and helped the Cohanim and said: In 24 places are Cohanim called Levites and this is one of them (Ez. 44:15): “The Cohanim Levites, the descendants of Ẓadoq.”

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English · Heinrich W. Guggenheimer

Rebbi Binjamin bar Gidul and Rebbi Aḥa were sitting together and saying, is it not written (Neh. 10:39): “The Cohen, descendant of Aaron, will share with the Levites in the Levite’s tithe”? To give him heave of the tithe. But is it not written (Neh. 10:39): “The Levites shall bring [the tithe of] the tithe”? Rebbi Ḥuna and the colleagues, one of them said “to the descendants of Levi”. Why does the verse say (Num. 18:21): “And to the descendants of Levi”? From here that one gives tithes to Cohanim. The other said, even if it were only written “to the descendants” one would give tithes to Cohanim. If somebody would say, my son X shall take property Y [before distribution] and the rest of my properties my sons shall inherit, does he not participate with them?

7
English · Heinrich W. Guggenheimer

Rebbi Jonah gave his tithes to Rebbi Aḥa bar Ulla, not because he was a Cohen but because he studied Torah. What is the reason? (2Chr. 31:4) “He said to the people, the inhabitants of Jerusalem, to give the part of the Cohanim and the Levites, so they should be strong in the Torah of the Eternal.” Rebbi Huna did not take tithe, Rebbi Aḥa did not take tithe. Rebbi Ḥiyya bar Abba instructed himself to go outside the Land, not to take tithe. A person asked Rebbi Samuel bar Naḥman who asked Rebbi Jonathan, may one take? He said to him, take, what fell to your tribe fell to you.

8
English · Heinrich W. Guggenheimer

Rebbi Yannai ordered his relatives, when you lease a field, lease only from lay people since even if you say one does not give tithes to Cohanim you have to agree that one does not take his own out of his hand. What is the reason? (Num. 18:26) “If you take from the Children of Israel the tithe which I gave you from them as your inheritance, you should lift from it the heave of the Eternal, a tithe of the tithe.” From the Children of Israel you take out but not from those contracting with Cohanim or Levites. It parallels what Rebbi Eleazar said, “if you take the tithe from the Children of Israel,” from the Children of Israel you take out but not from the Gentile.

9
English · Heinrich W. Guggenheimer

Rebbi Abbahu said, Rebbi Joshua ben Ḥananiah and Rebbi Eleazar ben Azariah disagreed. Rebbi Joshua ben Ḥananiah said, one does not give tithe to Cohanim but Rebbi Eleazar ben Azariah said, one gives tithe to Cohanim. Rebbi Joshua ben Ḥananiah objected to Rebbi Eleazar ben Azariah: Is it not written (Num. 18:31): “You shall eat it everywhere”, come and eat it by a grave! He said to him, what means “everywhere”? In the courtyard of the Temple. He retorted, but is it not written (Num. 18:31): “You and your house”? Does a woman enter the courtyard of the Temple? Rebbi Abba understood it from the following occasion: Rebbi Eleazar ben Azariah was used to take tithes from a certain garden. That garden had two exits, one to a place of impurity and one open to a place of purity. Rebbi Aqiba went to him and said, open this one and lock the other one. If he will come, tell him to come by that way. He also said, if he sends a student, tell him “you” is written. Rebbi Eleazar ben Azariah heard this and said, that is Aqiba ben Joseph’s whip. At that moment, Rebbi Eleazar ben Azariah returned all tithes he had taken. Rebbi Isaac bar Eleazar said, for dinner one has to fill up completely with wood fibers; any coal which does not cause a burn at the beginning will not cause one.

10
English · Heinrich W. Guggenheimer

Everybody agrees that bread and oil have to be removed, wine and spices are as if removed. Where do they disagree: A cooked dish the House of Shammai says one has to remove, but the House of Hillel say one does not have to remove.

11
English · Heinrich W. Guggenheimer

What is the reason of the House of Shammai? (Deut. 14:25): “Bundle” only “the money in your hand.” What is the reason of the House of Hillel? Even if he exchanges, what good does it do?

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Jerusalem Talmud Maaser Sheni 5.3English
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Jerusalem Talmud Maaser Sheni 5.30%

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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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