1)

A KOHEN OR LEVI SHARECROPPER (Yerushalmi Demai Perek 6 Halachah 2 Daf 26a)

îùðä ëäï åìåé ù÷éáìå ùãä îéùøàì ëùí ùçåì÷éï áçåìéï ëê çåì÷éï áúøåîä

(a)

(Mishnah): If a Kohen or a Levi received a field from a Jew as a sharecropper - just as they divide the Chulin (with the land owner), so too they divide the Terumah. (They give the land owner his portion of Tevel and he gives its Terumah and Maaser to whichever Kohen and Levi he wishes.)

ø"à àåîø äîòùø ùìäï ùòì îðú ëï áàå:

(b)

(R. Eliezer): Those portions must go to them, because they accepted the field under this condition.

âîøà îúéáéï øáðéï ìø"à áîä ÷ðå

(c)

(Gemara) (Rabbanan to R. Eliezer): How did the Kohen and Levi acquire these portions?

àîø ìäí àéï àúí îåãéï ìé ùàí äúðä ìå áéðéäï ùäï çåì÷éï áîòùøåú àôéìå äúðå áîä ÷ðå ñúîà ðòùä áàåîø úìåù îï ä÷ø÷ò äæä ùúé÷ðå ìê îòùøåúéå

(d)

(R. Eliezer to Rabbanan): Don't you agree that if they made a stipulation between them, that the Kohen and Levi would acquire them? But then you could ask the same question - how do they acquire it? It's as if the owner told the Kohen/Levi, "Detach part of the crop (as I will separate its Terumah and Maaser later)".

àîø[å] ìéä àåôðà ìéú ìåï àåôðà ìéú ìñúîà ðòùä ëàåîø úìåù îï ä÷ø÷ò äæä ùé÷ç ìê àçã îòùøä ùáå

(e)

(Rabbanan to R. Eliezer): The wheel of a carriage doesn't itself have a wheel (that makes it move)! (Even if he explicitly made this stipulation, you would have needed to say 'it's as if he said 'Detach...' - so now that he didn't even make the stipulation - you must make two assumptions - firstly, that it's as if he said one and secondly, it's as if he said 'Detach'; and we don't say two 'as if's.)

úðé ëäï îëäï ìåé îìåé éùøàì îéùøàì çåì÷éï ìîòùøåú

(f)

Tosefta: If a Kohen received a field in Kablanus from a Kohen or a Levi from a Levi, or a Yisrael from a Yisrael, each takes the tithe in his portion.

[ãó ðä òîåã à (òåæ åäãø)] ìîé ðöøëä ìø' àìòæø àò"â ãøà"à îòùø ùìäï ùòì îðú ëï áàå îåãé äåà äëà ùäï çåì÷éï áîòùøåú

(g)

Question: According to which opinion does this need to be said? According to R. Eliezer (of our Mishnah) - even though R. Eliezer said that 'those portions must go to them, because they accepted the field under this condition', here both parties receive the tithes because they are both of the same category (e.g. Kohanim).

éùøàì ù÷éáì ùãä îëäï àîø ìå òì îðú ùéäå äîòùøåú ùìé [îåúø] (àå) ùìê àå ùìé åùìê (îåúø)[àñåø]

(h)

Tosefta (Demai Ch. 7): If a Yisrael received a field in Kablanus from a Kohen, the Yisrael can stipulate that he will be able to give the tithes to whoever he wishes; but he may not stipulate that it should be 'yours or mine and yours'. (Note: The text of the Tosefta is changed here by the Chazon Ish.)

ëäï ù÷éáì ùãä îéùøàì àîø ìå òì îðú ùéäå äîòùøåú ùìé îåúø ùìê àñåø ùìé åùìê àñåø ÷éáìä îîðå ëãøê äî÷áìéï îåúø åàí ìàå àñåø

1.

If a Kohen received a field in Kablanus from a Yisrael, the Kohen can stipulate that the tithes are his; but he may not stipulate that it should be 'yours or mine and yours'. But it is only prohibited when he didn't accept the field as Kablanus (for a certain proportion of the crops) but rather the Kohen will receive its tithes as payment; but if he did accept it as Kablanus and the owner also added the tithes, it is permitted.

áìà ëê àéï äîòùøåú ùìäï

(i)

Question: But either way, the tithes are going to the Kohen?!

àìà äëðé ùìé ùìé ùìê ùìé åùìê àí ÷éáìä îîðå ëãøê äî÷áìéï îåúø åàí ìàå àñåø

(j)

Answer: Rather, he said, 'the half that is mine, is mine; and the half that is yours, let's divide it' - this is when the statement above applies that it is only prohibited when he didn't accept it as Kablanus etc.

éùøàì ù÷éáì ùãä îéùøàì òì îðú ùéäå äîòùøåú ùì æä àñåø ùàèìí àðé åàúðí ìæä îåúø

(k)

If a Yisrael received a field in Kablanus from a Yisrael, on condition that the tithes should go to a certain Levite, it is prohibited. If he said, "...on condition that I will take them and give them to this Levite" - it is permitted.

åìà ãà äéà ÷ãîééúà

(l)

Question: How is the second case different to the first?

[ãó ðä òîåã á (òåæ åäãø)] à"ø àçà àí úéøöä áéðéäï

(m)

Answer (R. Acha): The difference is - in the 1st case, it's as if he's selling the actual Maaseros. In the 2nd case, his stipulation isn't about the actual Maaseros; it's about his right to choose when giving them to a Kohen or Levi.

[ãó ëå òîåã á] à"ø éåñé äà ãúéîø îåúø ëù÷éáìä ëãøê äî÷áìéï åäï ãàú àîø àñåø áùìà ÷éáìä îîðå ëãøê äî÷áìéï

(n)

(R. Yosi disagrees): That's not the difference. The 2nd case is when he received it in the regular way of a Kablan - meaning for a portion of the produce; so it's not viewed like a Kohen helping in the granary.

àúéà ãø' éåñé ëøáé éåçðï åãøáé àçà ëø' éåñé áé øáé çðéðà ãø"é áé ø' çðéðà àîø àãí ðåúï îòùøåúéå áèåáú äðééä øáé éåçðï àîø àéï àãí îáéà îòùøåúéå áèåáú äðàä

(o)

R. Yosi is like R. Yochanan and Rav Acha is like R. Yosi bei R. Chanina - as R. Yosi bei Chanina said that a person gives his Maaseros in Tovas Hana'ah and R. Yochanan said that he does not.

îàé èòí ãø"é á"ç åàéù àú ÷ãùéå ìå éäéå

(p)

Question: What's R. Yosi bei R. Chanina's source? The pasuk states (Bamidbar 5:10), "Everyone's holy things shall belong to him" - meaning that Tovas Hana'ah is his.

îä òáéã ìéä øáé éåçðï éúðí ìëì îé ùéøöä

(q)

Question: How does, R. Yochanan use this pasuk? To instruct that he may give them to whoever he wishes (but that has no monetary value).