PEREK HALOKEACH PEIROS
1)

TRUSTING AN AM HA'ARETZ ON SHABBOS (Yerushalmi Demai Perek 4 Halachah 1 Daf 16b)

[ãó ìâ òîåã à (òåæ åäãø)] îùðä äìå÷ç ôéøåú îîé ùàéðå ðàîï òì äîòùøåú åùëç ìòùøï ùåàìå áùáú åàåëì òì ôéå çùéëä îåöàé ùáú ìà éàëì òã ùéòùø

(a)

(Mishnah): One who buys produce from one who is not trusted for Maaseros and he forgot to tithe them, he may ask the seller on Shabbos and eat according to his answer. But once Shabbos ends, he may not eat until he tithes.

úøåîú îòùø ùì ãîàé ùçæøä ìî÷åîä øáé ùîòåï äùæåøé àåîø àó áçåì ùåàìå åàåëì òì ôéå:

(b)

If Terumas Maaser that was separated from Demai became mixed into the original pile (so that there is no way to be able to eat it now), R. Shimon Shazuri says that even during the week, he may ask the seller if it was tithed and can rely on him to eat it.

âîøà çáøééà áùí øáé éåçðï îôðé ëáåã ùáú äúéøå.

(c)

(Gemara) (Chevraya citing R. Yochanan): They permitted trusting the seller on Shabbos in honor of Shabbos.

àí îôðé ëáåã ùáú ìîä ìé ùåàìå

(d)

Question: If so, since he isn't trusted, why even ask him?

ò"é òéìä

(e)

Answer: (By asking him) it gives a pretext to allow it.

ø' áéáé áùí øáé çðéðà àéîú ùáú òìéå åäåà àåîø àîú

(f)

(R. Baybei citing R. Chanina): The fear of Shabbos is upon the seller and he will tell the truth.

åàí àéîú ùáú òìéå áãä úðéðï çùéëä îåöàé ùáú ìà éàëì òã ùéòùø

(g)

Question: If he told the truth, why does the Mishnah teach that after Shabbos he must tithe to eat?

îôðé àçã ùàéï àéîú ùáú òìéå

(h)

Answer: Because of the one person who does not have the fear of Shabbos on him, we cannot rely on his word after Shabbos.

úðé ùåàìå áçåì ìà éàëì áùáú.

(i)

Baraisa: If he asked him on a weekday, he may not eat it on Shabbos.

î"ã àéîú ùáú òìéå ðéçà î"ã îôðé ëáåã ùáú àôéìå ùåàìå áçåì éàëì áùáú.

(j)

Question: According to the opinion that 'the fear of Shabbos is upon him', it is fine; according to the opinion that it is in honor of Shabbos, even if he asked him during the week, he should be able to eat them..?

[ãó ìâ òîåã á (òåæ åäãø)] ìà àîø àìà ùåââ äà îæéã àñåø ãúðéðï ùëç ìòùøï

(k)

Answer: Permission was only give if it was unintentionally left, as the Mishnah taught, "If he forgot to tithe them".

ëùàéï òîå úðàé àáì àí éù òîå úðàé àåëì òì úðàå

(l)

He may only eat from the fruits if he did not stipulate (before Shabbos that if he forgets to tithe, they should be tithed from then); but if he did, he can eat based on the stipulation.

îäå ùéàëì òì ùàéìú çáéøå

(m)

Question: Could a person eat based on another's question?

äéàê òáéãà ì÷çå îîðå ùðé áðé àãí ëà' ùàìå òì àçú îäï äùðé ìà éàëì òã ùéòùø åòã ùéùàìðå àðé àåîø ùì æä òéùø åùì æä ìà òéùø

1.

What's the case? If two people bought from the seller at the same time and one of them asked about the nature of the produce, the second person cannot eat until he tithes or himself asks the seller - as I say that perhaps the seller tithed this one's but not that one's.

[ãó éæ òîåã à] ì÷ç îîðå àãí à' ùúé ëìëìåú ëàçú ùàìå òì àçú îäï äùðéé' ìà éàëì òã ùéòùø åòã ùéùàìðå àðé àåîø æä òéùø åæä àéðå òéùø

2.

If one person bought two baskets at the same time and he asked about one, he may not eat from the other until he tithes or asks about it - as I say that he tithed the first basket but not the second one.

çùëä îåö"ù îòùø îæä òì æä

(n)

The Mishnah taught: But once Shabbos ends, he may not eat until he tithes one for the other.

î"ã îôðé ëáåã ùáú ðéçà åî"ã îôðé ùàéîú ùáú òìéå ìîä îòùø îæä òì æä

(o)

Question: According the one who said it's in honor of Shabbos, it is fine (as he was never believed that it was already tithed); but according to the one who said that the fear of Shabbos is upon him (and he truthfully said that the first basket was tithed), how could he tithe one for the other (since he is separating from that which is exempt for that which is obligated)? (The Gemara leaves this question unanswered.)

òã ëãåï áùàéï ìå îàåúå äîéï àáì éù ìå îàåúå äîéï äéöø úàåá

(p)

The Mishnah only permitted him to eat based on the seller's words when he doesn't have other tithed produce of the same sort, but if he does, despite this, since a person desires to eat what is forbidden to him, in honor of Shabbos, he is permitted to eat it.