1)

TITHING WITHOUT THE OWNER'S CONSENT (Yerushalmi Ma'asros Perek 5 Halachah 3 Daf 25a)

[ãó ëä òîåã à] äîîøç ëøéå ùì çáéøå ùìà îãòúå øáé éåçðï åøáé ùîòåï áï ì÷éù. øáé éåçðï àîø ðèáì åøáé ùîòåï áï ì÷éù àîø ìà ðèáì.

(a)

One who smooths another person's pile without his consent - R. Yochanan and R. Shimon ben Lakish disagreed - R. Yochanan said that it becomes Tevel and R. Shimon ben Lakish said that it does not.

îúéá (øáé éåçðï ìøáé ùîòåï áï ì÷éù)[øáé ùîòåï áï ì÷éù ìøáé éåçðï] åäà úðéðï åëï ðùéí ùðúðå ìðçúåí ìòùåú ìäï ùàåø àí àéï áùì àçú îäï ëùéòåø ôèåøä îï äçìä. (åàí)[åàéï] áùì ëåìäåï ëùéòåø.

(b)

Question (R. Shimon ben Lakish to R. Yochanan) (Mishnah in Maseches Challah): Similarly, women who gave flour to a baker to make dough (that they could then knead and have it rise at home), if none of them have the minimum amount of dough for separating Challah, they are all exempt from Challah...? (According to R. Yochanan, if the baker combined their doughs without their consent, why isn't it obligated in Challah?)

àîø ìéä ùëï äòåùä òéñä òì îðú ìçì÷ä òéñä ôèåøä îï äçìä.

(c)

Answer (R. Yochanan): Since dough that is intended to be divided is exempt from Challah.

åäúðéðï ðçúåí ùòùä òéñä ìçì÷ä çééá áçìä.

(d)

Question (Next Mishnah in Challah): If a baker made dough to divide up (to sell to different people), it is obligated in Challah.

àîø ìéä ìà úúéáéðé ðçúåí. ðçúåí ìà áãòúå äãáø úìåé áãòú äì÷åçåú äãáø úìåé ùîà éîöà ì÷åçåú åéèáåì îéã.

(e)

Answer (R. Yochanan): Don't ask from a baker - a baker's intent is irrelevant - it depends on whether he has buyers who will take it home and make it Tevel.

àîø ìéä åäà úðé çåøøé äðîìéï ùìðå áöã äòøéîä äçééáú äøé àìå çééáéï äà áöã òøéîä ôèåøä ôèåøéï.

(f)

Question (R. Shimon ben Lakish to R. Yochanan) (Previous Mishnah): 'Ant holes that remained overnight next to a pile of grain that was obligated in Ma'asros - the grain inside them is obligated.' This implies that had it been next to a pile that was exempt, the grain in the ant hole is exempt...? (Since it's normal for ants to bring in the seeds from the stalks, it's as if the ants have completed the seeds without the consent of the owner; so why is it not obligated in Ma'asros?)

[ãó îä òîåã à (òåæ åäãø)] àîø øáé éåðä àîø øáé àáäå áùí øáé éåçðï [ãó ëä òîåã á] îùåí éàåù.

(g)

Answer (R. Yona citing R. Abahu citing R. Yochanan): It's exempt because the owner has given up on retrieving the grain dragged away by the ants.

ùîåàì áø àáà àîø åäï ùâéøøå øàùé ùéáìéï.

(h)

Rebuttal (Shmuel bar Abba): The ants dragged kernels together with their straw (so they weren't yet completed).

îúéá (øáé ùîòåï áï ì÷éù ìøáé éåçðï)[øáé éåçðï ìøáé ùîòåï áï ì÷éù] åäúðéðï ä÷ãéùï òã ùìà ðâîøå åâîøï äâéæáø åàçø ëê ôãééï ôèåøéí äøé äâéæáø ëàçø äåà åàú àîøú îä ùòùä òùåé.

(i)

Question (R. Shimon ben Lakish to R. Yochanan) (Mishnah in Peah): 'If he consecrated them before they were completed and they were completed by the Temple treasurer and then redeemed, they are exempt.' Isn't the treasurer considered like another person (completing them, rather than the owner), but the Mishnah still taught that they become exempt...?

àîø ìéä úôúø ëîàï ãàîø âéæáø ëáòìéï åãìà ëøáé éåñé ãøáé éåñé àîø âéæáø äåà ëàçø.

(j))

Answer (R. Yochanan to R. Shimon ben Lakish): It follows the opinion that the treasurer is considered the owner, which is unlike R. Yosi who said that he is like another person.

øáé çððéä çáøåï ãøáðéï áòé åàôéìå éù áëåìäåï ëùéòåø éòùä ëãáø ùìà ðâîøä îìàëúå åéäà ôèåø

(k)

Question (R. Chananya, a colleague of the Rabbanan): (Concerning the Mishnah quoted earlier (see above (b)) about women who gave their flour to a baker, it was taught that if none of them have the minimum amount of dough for separating Challah, they are all exempt.) But even if each did have the minimum amount, they would still be exempt, as they would be considered like produce that is incomplete...

ãà''ø éåñé áùí øáé æòéøà áùí øáé ìòæø àó îä ùáìâéï ìà ðèáì îôðé ùäåà òúéã ìäçæéøå (áãáø)[ìãáø] ùìà ðâîøä îìàëúå:

1.

Explanation (R. Yosi citing R. Zeira citing R. Elazar): Wine taken from a winepress - even that which is in the flask didn't become Tevel, because it will be returned into produce that is not yet complete. (Since the dough will be mixed with an incomplete product, it is exempt.)