1)

BUYING FROM A POOR MAN (Yerushalmi Demai Perek 5 Halachah 5 Daf 22a)

îùðä äìå÷ç îï äòðé åëï äòðé ùðéúðå ìå ôøåñåú àå ôéìçé ãáéìä îòùø îëàå"à áúîøéí åáâøåâøåú áåìì åðåèì

(a)

(Mishnah): If a person buys from a poor man slices or sections of a fig cake that he had collected, he should tithe from each one separately. If the poor man had received and then sold dried dates or figs, (since they are small and can be mixed) the buyer may mix them all together and then tithe from them (and it can be assumed that he took an equal amount of each type).

àø"é àéîúé áæîï ùîúðä îøåáä àáì áæîï ùîúðä îåòèú îòùø îëì àå"à:

(b)

(R. Yehuda): When may this be done? When the poor man had collected an equal amount of each type; but if not, he cannot rely on mixing.

[ãó îæ òîåã à (òåæ åäãø)] âîøà øáé éåñé áùí ø' éåðä áùí çæ÷éä àéï áìéìä àìà ìééï åìùîï áìáã

(c)

(Gemara) (R. Yosi citing R. Yona in the name of Chezkiyah): Mixing only helps for wine and oil (since they are liquids, but solids may not be mixed).

ø' éåçðï àîø òã ëæéúéí äðéáììéï

(d)

(R. Yochanan): Even solid pieces can be mixed if they are as small as an olive.

îúðéúéï ôìéâà òì ø"é áâøåâøåú åáúîøéí áåìì åðåèì

(e)

Question: The Mishnah is unlike R. Yochanan, as it says that even figs and dates may be mixed (which implies, even if they are large)?

ôúø ìä òã ëæéúéï

(f)

Answer: The Mishnah refers to pieces of figs and dates as small as an olive.

øáé éåñé áùí øáé æòéøà áãîàé (äúéøå)[ä÷éìå] ëø"é ãúðéðï ø"é àåîø àéîúé áæîï ùîúðä îøåáä àáì áæîï ùîúðä îîåòèú îòùø îëì àçã åàçã

(g)

(R. Yosi citing R. Zeira): The Mishnah is also not a question on R. Yosi (above), as they were lenient with Demai that even solids can be mixed, as our Mishnah teaches that R. Yehuda said - When may this be done? When the poor man had collected an equal amount of each type; but if not, he cannot rely on mixing.

ãáé øáé éðàé àîøé áùòú äâåøï ùðå ùäëì äéå ðåúðéï îîàä ñàä äéå äëì ðåúðéï îîàä åàçã îçîùéí îòùø îçîùéí äéå äëì ðåúðéí îçîùéí åàçã îàøáòéí îòùø îàøáòéí äéå äëì ðåúðéï îàøáòéí åàçã îùìùéí îòùø îùìùéí äéå äëì ðåúðéï îòùøéí åàçã îòùøä îòùø îòùøä äéå äëì ðåúðéï îòùøä åàçã îàçã îòùø îëì àçã åàçã:

(h)

(D'Bei R. Yannai): (Explaining R. Yehuda) It refers to the time of the granary, when all land owners would give a fixed amount worth 100 Se'ah (and it's Terumas Maaser was worth a Se'ah). However, if everyone gave 100, and one only gave 50 - the tithe must be given from portions of 50. If everyone gave 50 and one gave 40 - the tithe must be given from portions of 40. If everyone gave 40 and one gave 30 - the tithe must be given from portions of 30. If everyone gave 20 and one gave 10 - the tithe must be given from portions of 10. If everyone gave 10 and one gave 1 - the tithe must be given for each and every one.

2)

BUYING FROM A SITON (Yerushalmi Demai Perek 5 Halachah 5 Daf 22b)

îùðä äìå÷ç îï äñéèåï åçæø åì÷ç îîðå ùðééä ìà éòùø îæä òì æä àôéìå îàåúå äñåâ àôéìå îàåúå äîéï ðàîï äñéèåï ìåîø îùì àçã äï:

(a)

(Mishnah): If a person buys from a Siton (a merchant who buys produce from many landowners and sells to others) and returns and buys a second time, he may not tithe from one purchase for the other, even if it is the same species and even the same type. The Siton is believed to say that they are from the same landowner.

[ãó îæ òîåã á (òåæ åäãø)] âîøà øáé éøîéä áòé àôéìå äùáéç ìå î÷çå àéðéï çéèéà ãæáðéú îéðê àúîåì èáéï äåéï îàéðéï àéðåï

(b)

Question (R. Yirmiyah): Even if the Siton praised the purchase, for example, if the buyer said, "Yesterday's produce was better than today's" (and the Siton replied, "They were from the same place"), is he still believed? (The Gemara leaves this question unanswered.)

úðé äìå÷ç îï äçðååðé åçæø åì÷ç îîðå ùðééä àí îëéø äåà àú äçáéú ùäéà äéà îòùø îîðå òìéå äà àí àéðå îëéø àåúä çáéú ìà áãà

(c)

(Baraisa): If a person buys from a shopkeeper and returns and buys a second time, if he recognizes the barrel from earlier, he may tithe from it for his first purchase.

äãà ãúéîø áàéìéï àéãúé÷ãéîà áøí áàéìéï ùôééà àåøçà îôðúåï àéìéï ìâåà àéìéï:

(d)

This refers to large barrels that are not normally emptied into other barrels; but for small barrels that are normally emptied into other barrels, perhaps another barrel (of wine from another supplier) was emptied into the first barrel.

3)

BUYING FROM A LANDOWNER (Yerushalmi Demai Perek 5 Halachah 6 Daf 22b)

îùðä äìå÷ç îáòì äáéú åçæø åì÷ç îîðå ùðééä îòùø îæä òì æä àôéìå îùúé ÷åôåú àôéìå îùúé òééøåú

(a)

(Mishnah): If a person buys from a landowner (who only sells from his own fields) and returns and buys a second time, he may tithe from one purchase for the other, even from two containers or even from two cities. (If the seller tithes, he tithes everything; and if he does not, he leaves it all Tevel.)

á"ä ùäéä îåëø éø÷ áùå÷ áæîï ùäï îáéàéï ìå îâðåúéå îòùø îàçú òì äëì åîâðåú àçøåú îòùø îëì àçú åàçú:

(b)

If a landowner was selling vegetables in the marketplace - when they bring him the produce from his own garden, the buyer may tithe once for everything. If they bring him from other gardens, the buyer should tithe separately for each bundle.

âîøà øáé éåðä áòé åëøáé îàéø îòùø îëì ÷ìç å÷ìç ãúðéðï úîï àîø øáé îàéø åëé îôðé îä èéîà àìà îôðé îù÷ä äôä ëîä ãúéîø úîï ãøê àâåãä ìéúåø åäéà [ãó ëâ òîåã à] ÷ùåøä áôéå [ãó îç òîåã à (òåæ åäãø)] áøí äëà ãøê àâåãä ìéúåø åäåà ðåúï îä ùáôðéí ìçåõ åîä ùáçåõ áôðéí

(c)

(Gemara) Question (R. Yona): According to R. Meir, must he tithe from each and every stalk (rather than from each bundle)? As the Mishnah (in Maseches Machshirin 6:2) taught, "(All bundles (of vegetables) in the market are Tamei (because the sellers sprinkle water on them))...R. Meir said - they are Tamei only because of the liquid from the mouth (because sometimes, the bundle becomes untied and they use their mouths to tie it)." If bundles sometimes become untied, shouldn't we be concerned here that when he comes to tie them, some stalks of one bundle might go to another bundle (and R. Meir should require tithing from each and every stalk)? (The Gemara does not respond to this question.)

àîø øáé éåðä ìà ñåó ãáø îâðåúéå àìà àôé' îâðåú àçøåú àí îòùøéï äï ìãòúå îòùø îæä òì æä åàí ìàå àéï îòùø îæä òì æä:

(d)

(R. Yona): Not only may he tithe from one garden to another, but even from other gardens. If the garden owners are all relying on him to tithe, he may tithe from one on the other; if not, he may not.

4)

BUYING TEVEL (Yerushalmi Demai Perek 5 Halachah 7 Daf 23a)

îùðä äìå÷ç èáì îá' î÷åîåú îòùø îæä òì æä àó ùàîøå àéï àãí øùàé ìîëåø èáì àìà ìöåøê:

(a)

(Mishnah): If a person buys Tevel from two places, he may tithe for one on the other; even though they said that a person may only sell Tevel when there is a need.

âîøà àîø øáé éåðä ëéðé îúðé' àéï àãí øùàé ìîëåø èáì àìà ìöåøê åáìáã ìçáø

(b)

(Gemara) (R. Yona): The Mishnah should say, "a person may only sell Tevel where there is a need and only to a Chaver".

îòúä ò"ä ùðúòøá èáìå áçåìéï àéï ìå ú÷ðä

(c)

Question: If so, if an Am HaAretz's Tevel became mixed with Chulin, since you may not sell him Tevel, he has no way to mend the situation...?

ëéöã äåà òåùä äåìê àöì çáø åäåà ìå÷ç ìå èáì åîòùøå ìå:

(d)

Answer: What should he do? He should go to a Chaver and the Chaver should buy him Tevel and tithe on his behalf.