(Mishnah): If one lent money to a Kohen, Levi or Oni (poor person), on condition to separate for him from his portion (Terumah, Ma'aser Rishon or Ma'aser Oni, and he will keep it, and deduct its value from the loan), he may separate for him, based on the Chazakah that [the borrower] is still alive.

He need not be concerned that the Kohen or Levi died, or that the Oni became rich [and is no longer entitled to Ma'aser Oni].

If he hears that [the borrower] died, he must ask his heirs for permission [to keep tithes to which the heirs are entitled].

If the loan was made in front of Beis Din, he need not ask the heirs for permission.

(Gemara - R. Avahu citing Reish Lakish): Our Mishnah is like R. Yosi [who says that Chachamim enacted that it is as if one acquired, even though mid'Oraisa he did not acquire];

(Mishnah - R. Yosi): (If it was a Safek which of two animals is a Bechor, the Kohen takes one, and the second grazes until it gets a Mum, then the owner eats it like Chulin.) R. Yosi says, whenever the Kohen has something in place of it, it is exempt from Matanos (one who slaughters a Chulin animal must give the foreleg, jaw and stomach to a Kohen). R. Meir obligates.

Objection: R. Yosi said so only about something already existing. Here, [the tithes are not yet in the world -] he needs to sow...

(R. Avahu citing R. Yochanan): Our Mishnah discusses Makirei Kehunah and Leviyah (he always gives his Terumah/Ma'aser to this Kohen/Levi).

Question: Our Mishnah discusses also [separating for] an Oni. Is there Makirei Oni?!

Note: Many say that there are no Makirei Oni, for the giver has no Tovas Hana'ah (he may not choose to whom to give). This is difficult. Perhaps he lent in order to collect from Matanos Aniyim for which there is Tovas Hana'ah, e.g. Ma'aser Oni given out from the house, or Tzedakah! Some say that it is because "Kol Achei Rash Sene'uhu" (people dislike Aniyim - SEFER NIR), or because Chachamim would not enact for one who wants to give all his Matanos Aniyim to one Ani (ME'OR HA'SIMCHAH, Sof Ha'arah 20), or because the other Aniyim do not despair, or because one cannot make a lifelong designation (perhaps the Oni will get rich) - DEVAR AVRAHAM Sof 1:1.

Question: A case came in front of R. Imi. If a Kohen or Levi owed money to a Yisrael, and said to him 'separate for me from my portion' (is this permitted)?

Answer #1 (R. Imi): Our Mishnah taught only if one lent money to a Kohen, Levi or Oni on condition to separate for him from his portion, i.e. when he lent to him with this stipulation;

Inference: If he did not lend to him with this stipulation, he may not.

Answer #2 (R. Zeira): Even if he did not lend to him with this stipulation [it is permitted].

R. Ze'ira learns from the following (Beraisa). Similarly, if a Levi owed a Yisrael money, and he said to him 'separate for me from my portion', he may not collect [Ma'aser from others] and separate (keep it due to the loan), for a Levi cannot make [a Yisrael] a Levi [to collect Ma'aser];

Inference: It forbids only to collect [from others] and separate, but he may separate from his own (even though he did not lend initially with this stipulation).

[The correct text of our Mishnah] does not say 'he need not be concerned [lest the Oni became rich].' Rather, he is concerned lest the Oni become rich (he may separate only if he knows that he is still poor).

Support (Beraisa): If one lent to an Oni and he became rich, he may not separate for him, for one may not separate on what was lost. (He stipulated to collect only from his Matanos Aniyim, and now the borrower may not receive them.)

(R. Chiya bar Ukvah citing R. Yosi citing R. Chaninah): Our Mishnah [says that if the borrower died, the lender must ask his heirs for permission to continue. It] discusses heirs of Kehunah and Leviyah, but [not] heirs of an Oni, for there is no inheritance of poverty. (I.e. if the heirs are entitled to Matanos Aniyim, it is because they are Aniyim; it is not due to their father. Therefore, the lender may not separate from what they are entitled to receive. - AMUDEI YERUSHALAYIM, from RASHBA 30a.)

(Bar Kapara - Beraisa): There is no one who does not come to this Midah (poverty), either he, or his son, and if not his son, his son's son.

Inference: [The borrower] can retract. (PNEI MOSHE - we infer this, for the lender must ask the heirs for permission.)

Question: Can the lender retract?

Answer: We learn from the following (Beraisa). If one lent to an Oni and he became rich, he may not separate for him, for one may not separate on what was lost. The Oni merited [to keep] the money in his hand.

Inference: This teaches that the lender cannot retract.

Question: Is our Mishnah not difficult for Rav? Rav said that an heir is like Meshubad (i.e. a buyer, regarding liens);

Just like a loan through witnesses (i.e. without a document) is not collected from Meshubadim, so it is not collected from heirs! (Why does permission of heirs permit to separate? We should say that there is no lien against the heirs, and one may not separate on what was lost!)

Answer: He explains that [our Mishnah discusses] a loan with a document.

(R. Avahu citing R. Yochanan): A loan through witnesses is collected from heirs, but only from heirs who inherited land.

This is like these people of R. Nechemyah's house. They lent to the Tzibur coins [for Tzedakah]. The case came in front of Rabanan. They said to him, you do not have an entire Tzibur of Ashirim, and not an entire Tzibur of Aniyim. (There will always be Aniyim, therefore they can always collect.)