Rabbinic JudaismJerusalem Talmud Maasrot 2.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Maasrot 2.1

The Jerusalem Talmud

Jerusalem Talmud Maasrot 2.1

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English · Heinrich W. Guggenheimer

MISHNAH: If somebody passed by the market place and said: “take some figs,” one may eat without tithing. Therefore, if they brought to their houses, they must put in order as certain produce. “Take some figs and bring them home,” one should not eat them as a snack. Therefore, if they brought to their houses, they have to put in order only as demay. If they were sitting in a gate or in a store and he said, take some figs, they may eat and are free, but the owners of the gate or the store are obligated. Rebbi Jehudah frees them unless they turn their faces away or change their places.

2
English · Heinrich W. Guggenheimer

HALAKHAH: Samuel said, this is Rebbi Meїr’s opinion since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, it is the opinion of everybody. This was asked of those from Rebbi Yannai’s house and they said, we used to give to one another in the fields and ate without putting in order. How can this be? Following him who held that they accepted tithes voluntarily.

3
English · Heinrich W. Guggenheimer

Our Mishnah [deals with] the case that most people bring to their houses but in case most people bring directly to market one has to put in order only as demay. If we were dealing with the case that most people bring to their houses, is that not what we have stated: “ ‘Take some figs and bring them home,’ one should not eat them as a snack?” Since he said, “take some figs and bring them home,” it is as if he said, “take, I am taking care of the tithes for you.” But if most people bring directly to market he is not trusted if he says to somebody, I did tithe, nor is he trusted if he says to him, I am bringing mine to my house.

4
English · Heinrich W. Guggenheimer

If he gave much, even if he said, take and eat, it is as if he said, take and store. If he gave him anything that usually is not eaten raw, even if he said, take and eat, it is as if he said, take and store. If [the recipient] was an important personality who does not usually eat in public, if he said, take and eat, it is as if he said, take and store. If there were two people; to one he said, take and eat; to the other he said, take and store. The one to whom he said, take and eat, is free; the one to whom he said, take and store, is obligated. Rebbi Yose said, is that not a Mishnah (2:2): “They eat and are free but the owners of the gate or the store are obligated?” Rebbi Jonah said, it is everybody’s opinion; here for demay, there for certain.

5
English · Heinrich W. Guggenheimer

“ ‘Go and collect for yourself 20 figs from my tree and I will eat my fill from yours,’ he who eats his fill is free and he who eats a fixed number is obligated.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeїra: Can a person not eat one by one with permission and be free? He said to him, yes. Then why is he obligated here? He said to him, when he takes them together. If he takes them together, even he who eats his fill should be obligated! Is he not forbidden because of barter? Rebbi Shammai said, there is no barter since this man only wanted to make him hungry that he should eat.

6
English · Heinrich W. Guggenheimer

“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free. ‘Go and fill a basket,’ he should not eat before tithing. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel. It is preferable that they should tithe what is not earmarked than to feed ṭevel to the vulgar.” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow.

7
English · Heinrich W. Guggenheimer

Rebbi Yose in the name of Rebbi Sheshet, Rebbi Eleazar in the name of Rebbi Yose in the name of Rebbi Abin: If somebody says to another I shall tithe for you, he does not have to be with him. There, we have stated: “If he put it in a tree, higher than ten hand-breadths it is not an eruv, lower than ten hand-breadths it is an eruv.” Rebbi Eleazar said, he has to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Ḥananiah said in the name of Rebbi Ḥanina, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, make an eruv for me! But here, he says I shall tithe for you. This learns from that and that learns from this. This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.

8
English · Heinrich W. Guggenheimer

“ ‘ Go and collect for yourself 20 figs from my tree’, he eats one after the other and is free. ‘Go and fill a basket.’ ” Rebbi says, I say that he has to show him the basket. What is the measure of a basket? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: A standard basket is four qab, a large one a seah, a small one three qab. Rebbi Jonah asked: Has this been said for tithes or for contract law? If you say for tithes, then certainly also for contracts. If for contracts, then not for tithes. It was obvious to Rebbi Yose that this was said for tithes, and certainly also for contracts.

9
English · Heinrich W. Guggenheimer

That means that the house creates ṭevel for its owner but not for others. Rebbi Eleazar said, Rebbi Jehudah and Rebbi Neḥemiah said the same thing as we have stated: “Rebbi Neḥemiah says, every [courtyard] in which a person is not ashamed to eat obligates.” Rebbi Yose said, we thought that Rebbi Neḥemiah and the other rabbis disagree about a courtyard in which he would be ashamed to eat anywhere. That means, not one in which he would be ashamed at some place but not at another. Since Rebbi Eleazar said Rebbi Jehudah and Rebbi Neḥemiah said the same thing, this implies that a place where he would be ashamed is free and one where he would not be ashamed is obligated.

10
English · Heinrich W. Guggenheimer

Rebbi Joḥanan said, Rebbi Jehudah implies that they made it like a branch hanging into the courtyard. In the opinion of Rebbi Joḥanan, if he eats single ones, eats in a public place, and leaves some remainder. In the opinion of Rebbi Eleazar, even if he does not eat single ones, even if he does not eat in a public place and leaves no remainder.

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Jerusalem Talmud Maasrot 2.1English
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Jerusalem Talmud Maasrot 2.10%

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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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