SELLING TO AN UNTRUSTWORTHY PERSON (Yerushalmi Ma'asros Perek 5 Halachah 2 Daf 22b)
îùðä ìà éîëåø àãí àú ôéøåúéå îùáàå ìòåðú äîòùøåú ìîé ùàéðå ðàîï òì äîòùøåú åìà áùáéòéú ìîé ùäåà çùåã òì äùáéòéú. åàí áéëéøå ðåèì àú äáëåøåú åîåëø àú äùàø.
(Mishnah): After the season of tithing has arrived, a person should not sell his fruit to someone who isn't trusted in Ma'asros; nor in Sheviis to someone who isn't trusted in Sheviis. And if some of his produce has ripened, he should retain the ripened produce and he may sell the rest.
ìà éîëåø àãí àú úáðå åàú âôúå åàú æâéå ìîé ùàéðå ðàîï òì äîòùøåú ìäåöéà îäï îù÷éï [ãó îà òîåã á (òåæ åäãø)] åàí äåöéà çééá áîòùøåú [ãó ëâ òîåã à] åôèåø îï äúøåîä. ùäúåøí áìáå òì ä÷åèòéí åòì äöããéï åòì îä ùáúåê äúáï.
A person should not sell his straw, his olive dregs or his grape dregs from pressing, to someone who is not trusted in Ma'asros. And if the buyer did press them, he must tithe but is exempt from Terumah - because when he separates Terumah, he has in mind to include the unthreshed stalks, the grain at edges of the pile and the grain mixed with the straw.
äìå÷ç ùãä éø÷ áñåøéà àí òã ùìà áàå ìòåðú äîòùøåú çééá îùáàå ìòåðú äîòùøåú ôèåø åìå÷è ëãøëå åäåìê.
One who buys a vegetable field in Suria, if the season of tithing hadn't arrived, he is obligated to tithe. If it had already arrived, he is exempt and he may harvest in the regular way.
øáé éäåãä àåîø àó éùëåø ôåòìéï åéì÷è.
(R. Yehuda): He may even hire workers and have them harvest.
àîø øáï ùîòåï áï âîìéàì áîä ãáøéí àîåøéí áæîï ù÷ðä ÷ø÷ò àáì áæîï ùìà ÷ðä ÷ø÷ò àó òì ôé ùìà áàå ìòåðú äîòùøåú ôèåø.
(Rabban Shimon ben Gamliel): When is this? When he bought a field; but if not, even if the season of tithing had not arrived, he is exempt.
øáé àåîø àó ìôé çùáåï:
(Rebbi): He should tithe according to the calculation. (The Gemara will explain this.)
âîøà ëéðé îúðéúà ìà éîëåø àãí àú ùãäå
(Gemara): The meaning of the Mishnah is - A person shouldn't sell his field to someone who isn't trusted in Ma'asros, if the season of tithing has arrived and it contains produce.
ø''ù îúéø îôðé ùäåà àåîø ìå äøé îëøúé àú ùìé öà åúáò àú ùìê.
(Baraisa): R. Shimon permits it because he could tell the Kohen or Levi, "I've sold my field. Go and claim from him what is yours (i.e. Terumah and Maaser)''.
[ãó îá òîåã à (òåæ åäãø)] òáø åîëø îòùø åàåëì åàéðå îòùø îä ùäåà îåëø åàéï àðå àçøàéï ìøîàéï.
(According to the first Tanna) if he transgressed and sold the field, he should tithe any produce that remained in his hands; but that which he sold is exempt, and we aren't concerned for tricksters (meaning that he need not be concerned whether or not the buyer will tithe).
úðé ìà éúøåí
(Baraisa): (The Mishnah taught - 'because when he separates Terumah, he has in mind the unthreshed stalks...') (When he comes to eat from the unthreshed stalks) he should not separate Terumah.
òáø åúøí øáé áøëéä àîø éôä ëçå øáé îðà àîø ìà éôä ëçå. àåúä äúøåîä ùäåà îôøéù èåáìä ìîòùø.
If he did, R. Berachya said that it takes effect. R. Mana said that it does not - that Terumah that he separated (that is not valid Terumah) is obligated in Maaser.
øáé çððéä çáøåï ãøáðéï áòé úøí àçã (áùùéí)[îùùéí] ùäéà àçã îùùéí åàçã òì ä÷åèòéï åòì äöããéï åòì îä ùáúåê äúáï.
Question (R. Chananya, colleague of the Rabbanan): If he separated 1/60th of the pile as Terumah (which is valid, since it is the amount given by a miserly person, as listed in the Mishnah in Terumos 4:3), but it was only 1/61st of the pile when including the unthreshed stalks, the grain at edges of the pile and the grain mixed with the straw; is the Terumah valid?
à''ø éåñé åìà îúðé' äéà ùäúåøí áìáå òì ä÷éèòéï åòì äöããéï åòì îä ùáúåê äúáï. ëìåí öøéëä àìà áéúø.
Answer (R. Yosi): Isn't it answered by our Mishnah - '...because when he separates Terumah, he has in mind to include the unthreshed stalks, the grain at edges of the pile and the grain mixed with the straw' - this ruling is only needed in a case like our question, when the Terumah is less than 1/60th - and this shows that it is valid.