1)

SELLING TO AN UNTRUSTWORTHY PERSON (Yerushalmi Ma'asros Perek 5 Halachah 2 Daf 22b)

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(a)

(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.

[ ( )] [ ] . .

(b)

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.

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(c)

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.

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(d)

(R. Yehuda): He may even hire workers and have them harvest.

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(e)

(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.

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(f)

(Rebbi): He should tithe according to the calculation. (The Gemara will explain this.)

(g)

(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.

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(h)

(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)''.

[ ( )] .

(i)

(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).

(j)

(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.

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(k)

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.

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(l)

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?

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(m)

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.