Missionary Renegade

Even though the size of the altar as a whole was increased.

I.e., the practice to be described delineates the optimum manner of preparing flour for the meal offerings. Flour which was prepared in another manner may also be acceptable.

Leaving the field fallow improved the quality of the grain it produces.

Plowing it each time [see the Rambam's Commentary to the Mishnah (Menachot8:2)].

Although this falls on 5 Shvat which is in the midst of winter. "the sun already has the power to shine upon it" (Rashi, Menachot85a) and improve its growth.

To remove any other seeds and to select the highest quality wheat (Radbaz).

In his Commentary to the Mishnah (Menachot 6:5) the Rambam interprets this as striking the wheat powerfully with one's hand so that the dust will be removed from them.

Crushing them with his feet to crack the shells (ibid.).

18.

This is also the optimum manner to prepare wine. Wine prepared in other means is also acceptable.

19.

The Radbaz explains that the more barrels are stored together, the less each one is exposed to air. Hence, there is less deterioration in the flavor of the wine.

20.

If the jug is filled to the brim, the vapors from the wine will have no chance to rise. See the Rambam's Commentary to the Mishnah (Menachot 8:6).

21.

In that source, the Rambam explains that in the wines that he is familiar with, this phenomenon takes place only in the superior wines. He supposes that in Eretz Yisrael, this phenomenon would occur only with the inferior wines.

22.

Until then, the fermentation process will not be complete. The Radbaz writes that although the Rambam's wording does not imply this, from the beginning of the fortieth day onward, the wine is acceptable.

23.

Once its flavor has begun to spoil, however, it is unacceptable. See Chapter 6, Halachah 10.

24.

Apparently, the Rambam is speaking about a situation when the majority of the crop are not ready to be picked and the ones he selects are those of the highest quality.

25.

I.e., one of the techniques of pressing olives was to put them under pressure from a heavy beam. This would squeeze out more oil from them,.

26.

Readjusting the beam will apply greater pressure and squeeze out more oil.

27.

Without separated the good from the bad. This is speaking about the stage when most of the olives are ready for picking. Thus the ones he picks are not necessarily the most choice.

28.

These are olives which grew late and never ripened sufficiently.

29.

Although they were crushed and thus dregs will be produced, they were not, however, pressed with a beam, which would produce more dregs.

30.

Menachot 86b states that the Torah allowed the inferior types of oil to be used, so that the price of superior oil would not rise and thus be prohibitively expensive for the people at large.

31.

For the olives are superior and they are not pressed, so that few dregs will be included.

32.

The second category uses superior olives, but they are pressed, so that they will have dregs. The fourth uses inferior olives, but they are not pressed, so there will be no dregs.

33.

Even though the olives of the third category will have been pressed twice, because they are of a superior quality, they are equal to those of a lower quality that were pressed less. Similarly, those of the seventh category, though pressed only once are of inferior quality to those of the fifth category.

34.

Even though those of the sixth category have been pressed twice, they are of a higher quality than those of the eighth.

35.

For they are both of a lower category and have been pressed twice.

36.

"The light."

37.

I.e., excluding oil produced by pressing.

38.

Even though the Rambam mentioned this point in the previous halachah, he mentions it again here to emphasize that this concept is also derived from the exegesis of the verse. It is necessary that the oil flow from crushing only "for the light," and not for the meal offerings.

39.

See Hilchot Ma'aseh HaKorbanot 16:3-4.

40.

See also Hilchot Terumah 5:1 which states that the finest grain should be separated asterumah.

Rambam - 3 Chapters a Day Maaser - Chapter 13, Maaser - Chapter 14, Maaser Sheini - Chapter 1

Maaser - Chapter 13

Halacha 1

Fruits that we can assume to be ownerless:1 e.g., wild figs,2 brush berries, thorn apples, white figs, other species of wild figs, anise, dates that fall of the tree before they have swelled,3 capers, coriander, and the like are free from the stringency of demai. One who purchases them from a common person does not have to separate terumat ma'aser or the second tithe from them for we assume that they grew ownerless. Even if a common person told him that they have not been tithed, they are exempt from the tithes until it is known that they grew from produce that was guarded.4

Halacha 2

Produce that ripens first and last in a valley are exempt from the obligations ofdemai.5 Similar produce in a garden is liable, because it is watched.

What is meant by produce that ripens first? All the produce that ripens before [the owner] employs a guard for the valley to protect his produce.

What is meant by produce that ripens last? The produce that remains after the reapers have folded away their nets6 in the field and left them without a guard. Similarly, vinegar made from wine dregs7 is exempt from the obligations ofdemai.8

Halacha 3

When decrees were enacted concerning demai, they were enacted only with regard to produce from the land that was inhabited by the Jews who returned from Babylonia,9 i.e., from Kziv inward.10 Kziv itself is considered as outside these boundaries. All produce from Kziv and further are exempt from the obligations of demai for we operate under the assumption that the produce came from the place where it is found.11

Halacha 4

When we know12 that produce was grown in the land that was inhabited by the Jews who ascended from Babylonia, the laws of demai apply with regard to it even though it is presently found in Syria or in the land that was inhabited only by the Jews who ascended from Egypt. [Thus] terumat ma'aser and the second tithe must be separated from it.

Therefore a fat fig whose species is found only in the land inhabitant by the Jews who ascended from Babylon - and similarly, large dates, straight carobs,13 rice that is exceedingly white, and oversized cumin14 - must be tithed like demai in the entirety of Eretz Yisrael and in Syria. Similar laws apply with regard to all produce that is comparable to these species.

Halacha 5

When donkey-drivers bring produce to Tyre,15 the laws governing demaiapply to it, for we assume that it came from the nearby land inhabited by the Jews who ascended from Babylonia.16 We do not harbor any suspicions with regard to rice. Instead, all the rice that is found in the Diaspora that neighbors the land which was inhabited by the Jews who ascended from Babylonia is exempt17 from demai unless it was obvious that it grew [only in Eretz Yisrael] as we explained.18

Halacha 6

When a person purchases [produce] from the owners of storehouses in Tyre, he is exempt from [the obligations of] demai. We do not say that they stored produce from Eretz Yisrael.19 Similarly, if one donkey20 enters Tyre laden with produce, it is exempt from [the obligations of] demai, for we assume that [the produce comes] from the fields around the city.

Halacha 7

When a person purchases [produce] from the owners of storehouses in Tzidon,21 he is obligated in [the laws of] demai, because it is closer to Eretz Yisrael than Tyre and we operate under the assumption that they store produce from the land inhabited by the Jews who ascended from Babylonia. If, however, one purchases [produce] from donkey-drivers in Tzidon, is exempt from [the obligations of] demai, for we assume that they are bringing [the produce] from the Diaspora.22

Halacha 8

[The following rules apply when a person] purchases [produce] from a gentile in the land inhabited by the Jews who ascended from Babylonia. If the gentile was a merchant23 who purchases produce from Jews, the produce is [considered as] demai. Therefore at the outset, when the majority of Eretz Yisrael was in the hands of Jews,24 when a person purchased produce from a gentile merchant, he would separate tithes as one does for demai just like one does when [purchasing] from a [Jewish] common person.

Halacha 9

Who is a merchant? One who brings [produce to the market] two or three times. If, however, he brings once - even if he brings three loads at once, or even if he, his son, and his servant each brings loads - he is not presumed to be a merchant.25

Halacha 10

When [our Sages] issued a decree concerning demai, the decree did not apply to produce from the Diaspora that was brought into Eretz Yisrael.26

Halacha 11

When the majority of the produce [in a mixture] is from Eretz Yisrael and not from the Diaspora, [the laws of] demai apply.27 If the majority of the mixture is produce from the Diaspora, it is exempt from demai. [This law applies] also to species that we can presume that most frequently come from the Diaspora, e.g., nuts and plums.28

Halacha 12

[When there was a doubt whether] produce came from the Diaspora or not, our Sages [maintained that the ruling] is not dependent on the appearance [of the produce], its flavor, or its fragrance,29 but rather where the majority [of produce in the marketplace originated]. If produce [from the Diaspora] constitutes the majority, it is permitted.30 If not, it is forbidden.

What is implied? When there is a majority [of produce from the Diaspora] in a city, but not in its outlying areas, or in the outlying areas31 and not in the city, in the mountain, but not in the valley, in the valley, but not in the mountain, for a storekeeper, but not for a private homeowner, for a private homeowner and not for a storekeeper, for those where [produce from the Diaspora] is the majority, they are permitted.32 For those where it is not in the majority, they are obligated [to heed the restrictions of] demai.

Halacha 13

If, at first, there was a majority of produce from the Diaspora in the market place and then, that quantity was reduced, the market place returns to its original status, and one who purchases [produce] is obligated in [the restrictions of] demai.

Halacha 14

At the time the decree concerning demai was issued, it was not applied in the following situations. All of the [following] instances are exempt from the obligations of demai: One who purchases: produce for seed or as animal fodder, flour for the processing of hides33 or for a compress or a bandage, oil to kindle a lamp or to apply to utensils, wine for an eye ointment.34 [This ruling also applies to] challah separated by a common person,35 a mixture ofterumah and ordinary produce,36 produce purchased with money from the second tithes,37 flour left over from a meal offering,38 and produce added to the bikkurim offerings.39 If a common person tells him that the appropriate separations have been made, there is no obligation to tithe it.40

Halacha 15

When a person purchases produce to eat and changed his mind and thought to use it as animal fire, he should not sell them to a gentile41 or feed them to an animal - even an animal belonging to others - until he makes the separations associated with demai.42

Halacha 16

Fragrant oil43 is exempt from [the obligations of] demai for we assume it will not be eaten. When a comber of wool purchases oil to put it in the wool,44it is exempt from [the obligations of] demai, because it is absorbed by the wool.45When, however, a weaver purchases oil to apply between his fingers,46it is obligated in [the laws of] demai. The rationale is that it is absorbed in his body and the application of oil is considered as drinking in all instances.47

Halacha 17

When a gentile asks a Jew to place oil on his wound,48 he is forbidden to use oil from which he is certain the appropriate separations have not been made. He is, however, permitted to use demai for this purpose.49 If a gentile places oil50 on a tablet to twist around,51 after he arises, it is permitted for a Jew to sit on it afterwards.52

Halacha 18

When oil that is demai falls on a person's flesh, he may rub it without concern.53 When a person purchases wine for fishbrine or a mixture of wine and water or legumes to crush and mix with honey, he is obligated in the restrictions of demai.54 If, however, he purchased fishbrine that contains wine, a mixture of wine and oil, or a mixture of crushed legumes and honey, he is exempt from the restrictions of demai, for [our Sages] did not apply their decree to a mixture of demai and other substances. If the entity that wasdemai that became mixed with other substances was something like spices or yeast,55since its flavor is evident, the restrictions involving demai must be observed for the entire mixture.

Halacha 19

In all those situations where one is exempt from demai because [our Sages] did not apply their decree in these instances, if one corrected [the produce as one does] demai, separating terumat ma'aser and the second tithe, his actions are considered of consequence.56 If, however, he sought to correct [produce that is] demai like one does produce from which we are certain that no separations were made,57 separating the great terumah and the tithes from it58or he sought to correct produce from which we are certain that no separations were made by making separations like one does demai, his deeds are of no consequence.59

Halacha 20

[The following laws apply when] all [of the individuals in] a town sell produce that is definitely [tevel], one person sells demai , and one purchases [produce] from a person without knowing from whom he purchased. How should he correct the produce?60 He should separate terumah and terumat ma'aser and give it to the priest. And then he should separate the second tithe and it is considered as the second tithe of demai.

Halacha 21

Similar [concepts apply] if there were two containers [of produce] before a person: one containing tevel and one containing produce from which the separations were made. If one of them is lost,61 one must separate terumahand terumat ma'aser from the other one and give it to any priest he desires. And he should separate the second tithe and it is considered as the second tithe of demai.62

FOOTNOTES

That grow wild and do not have an owner. Such produce does not have to be tithed.

Our definition of this and the following terms are dependent on the definitions given in the Rambam's Commentary to the Mishnah (Demai 1:1) as interpreted by Rav Kapach.

The literal translation is "when they will become yeast," the intent is when they will swell like bread into which yeast was placed. See the Rambam's Commentary to the Mishnah (Ma'aserot 1:2).

In which instance even if generally, the species is exempt, in this instance, the produce must be tithed.

The owners generally leave such produce free to be taken by anyone, as the Rambam proceeds to explain. Hence, there is no obligation to separate tithes from it.

The nets where grapes and figs that have been harvested are kept to dry [ibid.(Nedarim 8:4)].

The peels and seeds of the grapes and the dregs that are separated from the wine and fall to the bottom of the container [ibid.(Ma'aserot 5:6)].

Our translation follows the standard printed text of the Mishneh Torah. There are manuscripts and early printings that statedtamarim instead of temadim. According to that version, the translation would be "date vinegar." The Radbaz and the Kessef Mishneh, however, follow the version stated in the standard texts.

The Kessef Mishnehexplains that the rationale is that the wine dregs are usually left as ownerless. Hence, it is only in a place where that is the common practice that this law applies.

In contrast to the area inhabited by the Jews who ascended from Egypt in the first conquest.

See Hilchot Terumah, ch. 1, for a description of these geographic terms.

Conversely, we operate under the assumption that any produce found within the borders of Eretz Yisrael is bound by the restrictions of demai [the Rambam's Commentary to the Mishnah (Demai 1:3)].

If, however, there is a doubt concerning the matter, we assume that the produce grew in the land where it was found.

Our translation is taken from the Rambam's Commentary to the Mishnah (Demai 2:1).

All of these species grow only in Eretz Yisrael.

A city in Southern Lebanon, close to, but not immediately bordering on Eretz Yisrael.

Since the produce was brought by donkey-drivers who travel longer distances, we consider the possibility that it was brought from Eretz Yisrael (Radbaz). As indicated by a comparison to the following halachah, here we are speaking about a caravan of donkeys.

Because rice which requires plentiful water is not usually grown in Eretz Yisrael.

18.

As explained in the previous halachah.

19.

But instead, stored the local produce.

20.

As opposed to the caravan mentioned in the previous halachah, a single donkey-driver will travel short distances.

21.

Also a city in Southern Lebanon. It is very close to Eretz Yisrael.

The commentaries have questioned the Rambam's comments, noting that in actual fact, Tyre is closer to Eretz Yisrael than Tzidon. Among the explanations given is that there were two cities named Tzidon and the smaller one was in fact closer to Eretz Yisrael than Tyre. See Rambam LeAm.

22.

Here as well we are speaking about a caravan of donkey-drivers who travel long distances. As such, it is unlikely that they brought produce from Eretz Yisrael, for it is relatively close.

23.

If, however, the gentile grew the produce himself, it is exempt from the obligation of tithes.

24.

In later eras, by contrast, the land was owned primarily by gentiles and there is no need to consider the produce as demai(Radbaz).

25.

And it is possible that he brought from his own produce.

26.

The Radbaz states that this applies to produce that was sold to a Jew who completed the tasks associated with its preparation. Even though such produce must be tithed, the stringency of demai does not apply.

27.

For as in all matters, the ruling is dependent on the majority (Radbaz).

28.

The particular species of plums the Rambam mentions grew primarily in Damascus and the laws of demai do not apply to produce that grows there (Chapter 12, Halachah 11).

29.

I.e., one might say that as a result of these factors one could identify the source of the produce.

30.

I.e., without tithing.

31.

This is the interpretation of the term followed by most authorities. From the Rambam's wording in Hilchot Ishut 13:17, the interpretation would be: "When there is a majority in a town, but not in a metropolis...."

32.

To partake of it without observing the restrictions of demai.

33.

See the Rambam's Commentary to the Mishnah (Demai 1:3) for clarification regarding this and the other subjects mentioned in this halachah.

34.

Produce used for purposes other than for food.

35.

For challah like terumah carries a punishment of death at the hand of heaven and even the common people were careful with regard to its observance.

36.

Since such a mixture contains terumahwhich involves such a severe penalty, the common people were careful with regard to the prohibitions involved.

37.

I.e., after the second tithe is redeemed, the money used for its redemption must be used to purchase food in Jerusalem.

38.

The priest would take a handful of flour from a meal offering to offer on the altar. The remainder was eaten by the priests. We do not suspect that the remainder was demai.

39.

The first fruits of the seven species for which Eretz Yisrael is praised must be brought to the Temple and given to the priests as the bikkurim offerings. Occasionally, fruits of the same species were added to the offering to make it more impressive. These are referred to as "produce added to the bikkurim."

40.

Nevertheless, even in these instances, the initial preference should be to purchase the produce from a trustworthy source (Radbaz).

41.

The separations are necessary in this instance, for the gentile may sell the produce to another Jew (Radbaz).

42.

For once he has incurred the obligation to make the separations associated withdemai, he is not absolved from that responsibility until he does so (ibid.).

43.

Olive oil mixed with fragrant spices [Rav Kappach's translation of the Rambam's Commentary to the Mishnah (Demai 1:3)].

44.

Wool would be combed to remove its dirt and other impurities attached to it. Oil was applied to the wool to make the combing process easier.

45.

Like the oil applied to utensils mentioned in Halachah 14.

46.

As protection for them in the weaving process.

47.

See Hilchot Shivitat Esor 1:5.

48.

I.e., he is asking a chavair to use thechavair's own oil for this purpose.

49.

As a salve. If a chavair knows that produce has not been tithed, he may not use it in a manner that removes it from his possession or destroys it until he tithes it. For using it to benefit another person is equivalent to a sale (Chasdai David). With regard to demai, however, leniency may be shown, for he is using it for medical purposes for a gentile. If, however, he is using it for a Jew, the tithes must be separated even in this instance.

50.

This refers even to oil from which we are certain separations have not been made.

51.

One of the ways people would apply oil to their flesh was to place it on a marble tablet and then roll on the tablet.

52.

Even though the oil will be applied to his flesh. The rationale is that once the gentile used it, the holiness vested in the terumahhas been defiled and it is no longer necessary to make any separations from it. Note a parallel in Hilchot Terumot 11:8 (Chasdei David). In this instance, we are speaking about demai (which is feared to betevel) and not terumah and in its present state, it is not holy. Nevertheless, the same principles can be applied.

53.

As mentioned above, one should not apply oil that is demai to one's body. In this instance, however, the oil fell on the person's body against his will and its holiness is defiled at that time. Hence, what happens afterwards is not significant and he can continue rubbing that oil into to his flesh.

54.

Because they were already distinct entities obligated in the restrictions of demai before the mixture came into being.

55.

I.e., an entity that has an effect that is far greater than what could be expected from its size. This is a general principle applied with regard to all of the Torahs prohibitions; seeHilchot Ma'achalot Assurot 16:1-2.

56.

He must give the terumat ma'aser to a priest and redeem the second tithe and use it to purchase food in Jerusalem.

57.

Our translation follows the text suggested by the Kessef Mishneh. It is found in several authentic manuscripts of the Mishneh Torah. The version in the standard printed text - which was also the version possessed by the Ra'avad - differs slightly.

58.

This is unnecessary, for we assume thatterumah has already been separated. With regard to the tithes - the first tithe and the tithe for the poor - for demai, it is not necessary to give these to the Levite and the poor person, as one does when he is certain that the separations have not been made. Instead, all that is necessary is to make the separations.

59.

In the latter instance, his deeds are of no consequence, because since he is not separating the great terumah, he is making the separations in improper order. Since that is undesirable, we assume that had he known what he was required to do, he would have made the separations in the appropriate order. Hence the separation that he did make is considered to have been made in error and therefore invalid.

60.

Because it is possible that it is demai and it is possible that it is definitely tevel. Generally, we follow the principle that whenever the existence of an entity is fixed, we do not look at the actual ratio of permitted and forbidden entities. Instead, we consider it as if half are forbidden and half are permitted (see Hilchot Ma'achalot Assurot8:11) . Now, in this instance, there is a stringency in considering the produce astevel - that one must separate the greatterumah. And there is a stringency in considering the produce as demai - that he must separate terumat ma'aser and the second tithe. To permit the use of the produce, he must fulfill both stringencies. He must also separate the first tithe and the tithe for the poor. He does not have to give this produce away, because of the doubt concerning its status. Instead, he may keep it for himself.

61.

But we do not know which one.

62.

In this instance as well, since it is possible that the separations have already been made, we do not require him to give the first tithe and the tithe of the poor. Those separations that involve prohibitions, by contrast, must be made.

Maaser - Chapter 14

Halacha 1

When a person purchases [produce] from a wholesaler and then purchases [produce] from him a second time, he should not separate tithes from one batch for another. [This applies] even if they are of one species, and even from one container, and even if he himself recognized the barrel [from which the produce was taken].1 [The rationale is that] a wholesaler purchasers from many different people and sells [it]. Perhaps the produce he first sold was from a common person whose produce is demai2 and the batch he sold later was from a chavair who made the appropriate separations. As we already explained,3 we do not separate tithes from produce that is obligated to be tithed for produce that is exempt or from produce that is exempt for produce that is obligated. If the wholesaler said that [both batches] are from one person, we rely on his word.4

Halacha 2

When [a wholesaler] sells hops or vegetables and they are being brought and collected before him, a purchaser should tithe each bunch of hops, each bundle [of vegetables], and each date individually.5

Halacha 3

When a person purchases [produce] from a private individual and then purchases [the same species] from him a second time, he may separate the tithes from one batch for the other.6 [This applies] even when he purchases [produce] from two containers, and even from two cities. [The rationale is that] we operate under the presumption that a private person sells only his own produce.

Halacha 4

[Different rules apply when] a private person sells vegetables in the market place. When [produce] is brought to him from his gardens, [a purchaser] may tithe from one batch for the entire quantity. If, however, he is also brought [produce] from other gardens, should one purchase a batch from him and then purchase a second batch, he should not tithe from one for the other.7

Halacha 5

When a person purchases bread from a baker, he should not tithe from the warm bread for the cool bread, for one might say that the wheat [used for] yesterday's [bread] was from one person and that [used] for today's is from another.8

Halacha 6

When a person purchases [bread] from a bakery9 he may tithe from one loaf for all the others even if [the loaves] are from different molds. For a baker who sells to a bakery10 bakes his dough in different molds. If, however, one purchases [bread] from a distributor, one should tithe each mold individually,11for a distributor purchases from two [or more] bakers.

Halacha 7

When nine distributors purchase [bread] from ten bakers, since one of them purchases from two [bakers], anyone who purchases [bread] from one of the nine must tithe each mold individually.12

Halacha 8

When a person purchases [bread] from a poor person and similarly, if a poor person was given13 slices of bread or slices of a cake of dried figs, he should tithe each one individually. For dates and dried figs, he should group the entire quantity together and tithe them.

When does the above apply? When he was given a large present.14 If he was given a small present, he should tithe each present individually.15

Halacha 9

If a person ground a loaf of bread [into] crumbs or ground dried figs and made them into a cake,16 he should separate tithes for the entire quantity.

Halacha 10

When workers or guests were reclining and eating and they left over slices [of bread], one should tithe each one individually.17

Blessed be the Merciful One who grants assistance.

FOOTNOTES

And thus one might think that both batches came from the same person.

Since the wholesaler sells in large quantities, he is permitted to sell demai (Chapter 11, Halachah 2).

Chapter 1, Halachah 6; Hilchot Terumah5:12.

Even though he is a common person. The rationale is that he has nothing to gain by lying.

The tithes cannot be separated from one for the other for the reason stated in the previous halachah.

For each person may separate tithes from one batch of his own produce for another. Since the person who grows this produce has this option, it is also granted to one who purchases from him.

For it is possible that the second batch came from a different person and the difficulties mentioned in the first halachah might apply. This suspicion also applies in the halachot that follow.

This applies even if the appearance of the bread is similar and they were baked in the same mold [the Rambam's Commentary to the Mishnah (Demai 5:3)].

Our translation is based on the Rambam's Commentary to the Mishnah (ibid.).

Our version of the text is based on the Rambam's Commentary to the Mishnah (ibid.). The standard printed text of theMishneh Torah follows a slightly different version.

When many loaves were made from the same mold, it is sufficient to separate tithes from one loaf for all those made in the same mold. One need not separate from each loaf individually, because we assume that all the loaves from the same mold came from the same baker.

This applies even when the majority of the distributors bought their bread from one baker.

I.e., as charity. If he was given them as part of the presents given to the poor, he is not liable to make separations from them.

Since the donor is generous, we assume that he also separated the tithes. Hence, the obligation to separate the tithes is merely a stringency. Therefore we are lenient with regard to its observance and do not suspect that the produce was given to the poor person by different people [the Rambam's Commentary to the Mishnah (Demai 5:5)].

Since the donor was tightfisted, it is unlikely that he separated the tithes. Hence, the obligation to separate the tithes is more compelling and we are stringent with regard to the above suspicion (ibid.).

A loaf of bread and a cake of dried figs is considered as a large present. Hence the more lenient laws mentioned in the previous halachah apply (see Radbaz).

We are speaking about the guests or workers of one person. Nevertheless, one cannot be lenient and separate tithes for the entire batch as one, for it is possible that one of the workers or guests separated the tithes and others did not and thus one might be separating tithes from produce from which tithes had been separated for produce from which they had not been. Althoughdemai may be fed to guests (Chapter 10, Halachah 11), there may be some who desire to separate tithes as a stringency, but others will not.

Maaser Sheini - Chapter 1

Halacha 1

After1 separating the first tithe every year, we separate the second tithe,2as [Deuteronomy 14:22] states: "You shall certainly tithe the produce of your crops."3 In the third and sixth years [of the seven year agricultural cycle], we separate the tithe for the poor instead of the second tithe, as we explained.4

Halacha 2

The first of Tishrei is the beginning of the year with regard to the reckoning of the tithes5 for grain, legumes,6 and vegetables. Whenever the term Rosh HaShanah is used [with regard to crops], the intent is the first of Tishrei. The fifteenth of Shvat is the beginning of the year with regard to reckoning the tithes for fruit-trees.

What is implied? If grain or legumes7 reach "the phase of tithing"8 before Rosh HaShanah of the third year,9 the second tithe should be separated from them even though they became fully developed and were gathered in the third year. If, however, they did not reach "the phase of tithing" until after Rosh HaShanah of the third year,10the tithe for the poor should be separated from them. Similarly, if fruit from trees reaches "the phase of tithing" before the fifteenth of Shvat in the third year, it should be tithed according to the previous year and the second tithe should be separated from it even though it became fully developed and was gathered at the end of the third year. Similarly, if it reaches "the phase of tithing" before the fifteenth of Shvat in the fourth year, the tithe for the poor should be separated from it even though it became fully developed and was gathered at the end of the fourth year. If it reaches "the phase of tithing" after the fifteenth of Shvat, it should be tithed like the produce of the coming year.

Halacha 3

Even though the fruit of carob trees begin to ripen11 before the fifteenth of Shvat, they should be tithed according to the coming year,12 since [the obligation to] tithe them is of Rabbinic origin.13

It appears to me that this applies only with regard to the carobs that grow in Tzalmona or other similar species that are not fit to be eaten by most people. [Hence,] the obligation to partake of them is Rabbinic in origin.14 It appears to me that other carobs are similar to the rest of the fruit of the trees.15

Halacha 4

Vegetables should be tithed according to the year when they are harvested.16What is implied? If they are harvested on the day of Rosh HaShanah of the third year,17 the tithe for the poor should be separated from them even though they reached "the phase of tithing"18 and [indeed,] fully matured19 in the second year. If they were harvested in the fourth year, the second tithe should be separated from them.

Halacha 5

Similarly, among fruit from trees, only an esrog is like a vegetable,20 [i.e., the laws governing it] whether for tithes or the Sabbatical year are dependent on when it is harvested.

What is implied?21 If it was harvested in the third year after the fifteenth of Shvat, the tithe for the poor should be separated from it even though its growth was completed in the second year. Similarly, if it was gathered in the fourth year before the fifteenth of Shvat, the tithe for the poor should be separated from it.22 If it was harvested in the fourth year after the fifteenth of Shvat, the second tithe should be separated from it.

Halacha 6

Although the laws governing an esrog depend on when it was reaped, when an esrog that grew23 in the sixth year entered the seventh year, tithes must be separated from it.24 [This applies] even though it was only an olive size [at the beginning of the Sabbatical year] and became the size of a loaf of bread [during that year].

Halacha 7

We apply both the stringencies that apply to trees and those that apply to vegetables to caper berries.25 Thus if they grew26 from the second year and then they entered into the third year and were harvested before the fifteenth of Shvat, the first tithe should be separated. Afterwards, another tithe27 should be separated. Afterwards, it should be redeemed28 and then given to the poor.29 The proceeds of the redemption [should be used to purchase food that] is eaten according to the laws of the second tithe. Thus it is as if he separated both the second tithe and the tithe for the poor.

Halacha 8

With regard to rice, millet,30 poppy seed, and sesame seeds, even if the plants took root before Rosh HaShanah, we are concerned only with the completion of [the maturity of] the fruit and thus the tithes are separated as is the produce of the coming year. Similarly, with regard to Egyptian beans, even though a portion of the crop took root before Rosh HaShanah and a portion afterwards, he should gather the entire crop together31 and separate terumahand tithes from the entire crop as one. For everything depends on the produce reaching maturity.32

Halacha 9

When one withheld water from onions that do not produce sprouts33 for 30 days or when one withheld water from onions that are irrigated from three periods34 before Rosh HaShanah, they should be tithed as produce of the previous year.35 If water was withheld from them for less than this - and thus they began to dry up before Rosh HaShanah36 - they should be tithed like produce of the coming year.

Halacha 10

[The following rules apply when] Egyptian beans reached a third of their growth before Rosh HaShanah. If they were sown to produce seed,37 they should be tithed as produce of the previous year.38 If they were sown to produce vegetables,39 they should be tithed as produce of the coming year.40If they were sown to produce seed and vegetables or they were sown to produce seed and then [the owner changed his mind and] thought to use them for vegetables [as well], he should tithe from the seeds for the vegetables and from the vegetables as seeds.41

[Different rules apply if the beans] did not reach one third of their growth before Rosh HaShanah. If they were sown to produce seed, they should be tithed as produce of the previous year, but the vegetables that grow should be tithed as they are harvested, provided they are harvested before Rosh HaShanah.42 If they were harvested after Rosh HaShanah, both the vegetables and the seeds should be tithed as produce of the coming year.43

If they were sown to produce seed and then [the owner changed his mind and] thought to use them for vegetables [only], the ruling follows his thought.44If they were sown to produce vegetables and then [the owner changed his mind and] thought to use them for seed, the thought to use it as seed has no effect on the ruling unless he withholds water from it for three periods45 when [the plants] would be ordinarily be watered,46 and [then,] only when [the plants] reached a third of their growth before Rosh HaShanah.47

[They are, however, governed by different rules] if they did not reach a third of their growth before Rosh HaShanah even though he withheld water from it for three periods when [the plants] would be ordinarily be watered.48 If he sowed it for the purpose of seed and the entire crop grew into fully grown plants before Rosh HaShanah, the seed is tithed as produce of the previous year49and the vegetables are tithed according to when they are harvested.50 If some of the plants reached their full growth and some did not, to this situation, we apply our Sages' statement:51 "He should gather the entire crop together." [Thus he should separate tithes from the entire crop as one,] separating tithes from the seed for the vegetables and from the vegetables as seed.52

Halacha 11

When produce from the second year becomes mixed with produce from the third year or produce from the third year becomes mixed with that of the fourth year, we follow the majority.53 If it is half and half, we separate the second tithe from the entire quantity, but not the tithe for the poor.54 [The rationale is that] the second tithe is a more severe obligation, because it is sacred,55 while the tithe for the poor is ordinary produce. Similarly, when there is a doubt whether produce is from the second year or from the third year, the second tithe should be separated from it.

Halacha 12

Whenever [produce] is exempt from the first tithe, it is also exempt from the second tithe and the tithe for the poor.56 Whenever produce is obligated in the first tithe, it is also obligated in these two. All of the individuals who may separate terumah may also separate [these] tithes and those who are not entitled to separate terumah may not separate these tithes. When any of the individuals with regard to whom it is said that [they should not separateterumah,] but if they separate terumah, the separation is effective57 separate these tithes, their separation is effective. When any of the individuals with regard to whom it is said that their separation of terumah is ineffective58separate these tithes, their separation is ineffective.

Halacha 13

When a person separated the first tithe from produce before the obligation to tithe was established,59 he may snack from it before separating the second tithe. For [separating] the first [tithe] does not create an obligation to separate the second. If, however, an obligation to tithe was established, it is forbidden to snack from it until he separates the second tithe or the tithe for the poor even though he has already separated the first tithe.60

Halacha 14

Since the second tithe must be brought [to Jerusalem],61 it should not be brought from the Diaspora,62 like the firstborn of animals.63 For this reason, our Sages did not obligate the separation of the second tithe in Syria.64

It appears to me that the second tithe that is separated in Babylonia and in Egypt65 should be redeemed and the proceeds taken to Jerusalem. Similarly, it appears to me that the obligation to separate the second tithe in these places was established only so that there would be an obligation to separate the tithe for the poor, so that the poor of the Jewish people could rely on it.66

FOOTNOTES

For preferably, the tithes should be separated in order, as stated in Hilchot Terumah 3:23.

Sefer HaMitzvot (positive commandment 128) and Sefer HaChinuch (mitzvah 473) include this commandment among the 613 mitzvot of the Torah. In Sefer HaMitzvot, the Rambam states that separating the second tithe and partaking of it in Jerusalem are considered two facets of one mitzvah. The Ramban (in his Hosafot to Sefer HaMitzvot) differs and considers partaking of the produce in Jerusalem as another positive mitzvah.

From the context of the passage, it is obvious that it is referring to another tithe and not to the first tithe which is given to the Levites.

Hilchot Matanot Aniyim 6:3; Hilchot Ma'aser9:3-4.

I.e., with regard to the reckoning of the years of the agricultural cycle. These concepts also apply to with regard to the Sabbatical year.

This is the popular translation of the Hebrew term kitniyot. More particularly, the Hebrew term includes many species that are not legumes3.

Vegetables are not mentioned here, because different laws apply to them, as stated in Halachah 4. With regard to kitniyot, note, however, Halachah 8.

I.e., one third of their full growth, as stated inHilchot Ma'aser 2:5.

I.e., they reached this level of growth during the second year of the agricultural cycle. As mentioned above, the second tithe is separated in the second year of the agricultural cycle and the tithe for the poor in the third year.

Even though their initial growth was in the second year.

Black spots begin to appear upon them. This is "the phase of tithing" for them, as stated inHilchot Ma'aser 2:5.

I.e., the year when they are harvested.

See Hilchot Terumah 3:3; Hilchot Ma'aser1:9.

Because the obligation is Rabbinic in origin, they are tithed like vegetables for the obligation to tithe them is also of Rabbinic origin.

According to Scriptural Law, there is no obligation to tithe them, because most people do not partake of them. Nevertheless since there are some who do partake of them, our Sages imposed this obligation.

And the mitzvah of tithing them is of Scriptural origin.

The Ra'avad differs with the Rambam, maintaining that the carobs of Tzalmona need not be tithed at all and that the obligation to tithe all trees is Rabbinic in origin. The Ra'avad and the Kessef Mishnehdiscuss these points at length.

Our Sages (Kiddushin 3a) explain the difference between vegetables and other crops. Unlike other crops for which the water from the rains suffice, vegetables require irrigation.