meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Zeraim/Mishnah Demai/English/Sefaria Community Translation.txt"}
text: Mishnah Demai
  משנה דמאי
  Sefaria Community Translation
  
  
  Mishnah Demai
  
  
  
  
  
  
  
  
  
  
  
  
  
  One may feed poor people <i>Demai</i> [produce from which it is uncertain if tithes were already taken], and the guest <i>Demai</i>. Rabban Gamliel would feed his employees <i>Demai</i>. Concerning charity collectors, the school of Shammai say that one gives tithed produce to those who do not tithe and untithed produce to those who do tithe: this way, everybody eats fixed [tithed] produce. The sages say, one simply takes and simply distributes, and he who wants to fix will fix.
  One who desires to trim leaves of vegetables in order to lighten his burden should not discard [the leaves] until he has tithed them. If one buys vegetables from the market and then decides to return them, he should not return them until he has tithed them, since they [the bundles] lack nothing but counting. However, if he is standing and selecting [the vegetables] and then sees another bundle that is of better quality he may return them [without tithing] because he has not yet grasped them [in a manner of acquisition].
  Someone who finds produce on the road, and takes them to eat them, but then decides to hide them, should not hide them until he tithes them. If from the start he took them [the produce] so that they should not spoil, they are exempt.  Anything which a person is not permitted to sell when it is <i>Demai</i> should also not be sent to a friend when it is <i>Demai</i>. Rabbi Yossi allows this [in a case of] certainly [untithed produce], as long as he informs him.
  One who brings his [tithed and non-Sabbatical year] wheat to a Cuthite miller or an <i>Am HaAretz</i> [one who is lax in observing tithes and purity laws] miller, it [the wheat] retains its presumptive status for tithes and for the Sabbatical year; to a non-Jewish miller, [the wheat is considered to be] <i>Demai</i>. One who leaves his [tithed] produce in the keeping of a Cuthite or an <i>Am HaAretz</i>, it [the produce] retains its presumptive status for tithes and for the Sabbatical year; in the keeping of a non-Jew, it is like his [the non-Jew's] produce. Rabbi Shimon says, "[It is] <i>Demai</i>."
  One who gives [his tithed produce] to an innkeeper [so that she can prepare it for him] must tithe from what he gives to her and from what he receives [back] from her because she is suspected of exchanging [her <i>Demai</i> for his tithed produce]. Said Rabbi Yossi, "We are not responsible for deceivers; he does not tithe except for what he receives from her exclusively."
  One who gives his [tithed produce] to his mother-in-law, must tithe from what he gives to her and from what he receives [back] from her because she is suspected of exchanging what is spoiled.  Said Rabbi Yehudah,  "She desires the well-being of her daughter and is ashamed before her son-in-law."  Rabbi Yehudah acknowledges in [the instance of] giving Sabbatical produce to his mother-in-law, that she is not suspected [of exchanging] to feed her daughter Sabbatical year produce.
  
  
  
  One who buys produce from one who is not trustworthy concerning tithing and forgot to tithe it; and asks him [the vendor] on Shabbat, may eat it by his [the vendor's] word.  At nightfall at the conclusion of Shabbat, he may not eat until he has tithed [the produce]. If he did not find him [the vendor on Shabbat], [and] another individual who is not trustworthy concerning tithing says to him, "They are tithed,"  he can eat by his word. At nightfall at the conclusion of Sabbath, he may not eat until he has tithed.  [In terms of the] <i>Terumat Ma'aser</i> [a portion of the tithes that is given to the priest] of <i>Demai</i> [produce from which it is uncertain if tithes were already taken] that returned to its place [was mixed back into the produce from which it was taken], Rabbi Shimon  Shezuri says, "Even on a weekday, he asks him and eats by his [the vendor's] word."
  He who imposes a vow on his friend that he eat with him and he [the friend] does not trust him regarding tithes; he [the friend] should eat with him on the first Shabbat, even though he does not trust him regarding tithes, but only if he [the host] will say to him, "They [the food] are tithed."  On the second Shabbat, even if [the host] vowed [not to receive] benefit from him [if he does not eat], he may not eat until he has tithed.
  Rabbi Eliezer says, "One does not need to designate the poor man's tithe of <i>Demai</i>." And the sages say, "He designates it, but doesn't need to separate it."
  If one designated the <i>Terumat Ma'aser</i> of <i>Demai</i> or the poor man's tithe of produce that has certainly not been tithed, he should not separate them [to give to a priest or poor person] on Shabbat. If a priest or a poor person was in the habit of eating at his home, they can come and eat as long as he informs them.
  If one says to someone who is not trustworthy regarding tithes, "Buy [produce] for me from one who is trusted or from one who tithes," he [the messenger] is not trusted. [If one says,] "From so-and-so person," this [the messenger] is trusted. If he went to buy from him [the specified person], but said to him [the sender], "I could not find him and I bought for you from someone else who is trusted," he [the messenger] is not trusted.
  If one enters a city and doesn't know any person there, he says, "Who here is trustworthy? Who here tithes?" If a person replies "I am," he is not trusted. If he said, "so-and-so person is trustworthy," he is trusted. If he goes to buy from him and says to him, "Who here sells <i>Yashan</i> [grain from the previous year that one is permitted to eat]?" If he replies, "The person that sent you to me", even though it is as if they are rendering services to each other, they are trusted.
  If donkey drivers entered a city, and one said, "My [produce] is <i>Chadash</i> [grain from the current year that one is forbidden to eat] and my fellow's is <i>Yashan</i>," [or] "Mine has not been fixed [i.e., tithed] and my fellow's has been fixed"--they are not trusted. Rabbi Yehudah says: they are trusted.
  
  
  
  One who buys from a baker, how should he tithe? He removes enough for <i>Terumat Ma'aser</i> [a portion of the tithes that is given to the priest] and <i>Challah</i> [dough that must be set aside for the priest], and says: "One one-hundredth of what is here, on this side [of the pile] is [part of the] tithe, and the rest of the tithe is next to it. That [one-hundredth] which I have designated as [part of the] tithe, the <i>Terumat Ma'aser</i> is designated upon it, and the rest is designated as <i>Challah</i>, and <i>Ma'aser Sheni</i> [second tithe, which must be eaten in Jerusalem] is on its north or south side, and is hereby unconsecrated by [transferring its consecration to] coins.
  One who desires to separate <i>Terumah</i>  [produce consecrated for priestly consumption] and <i>Terumat Ma'aser</i> as one [act of separation] takes one part of thirty-three and a third and says: "One one-hundredth of what is here, on this side, is <i>Chulin</i> [non-sacred produce], and the remainder is <i>Terumah</i> on the whole [of the produce]. And the one hundredth of unconsecrated that is here, on this side, is the tithe and the remainder of the tithe is next to it. That [one-hundredth] which I have designated as [part of the] tithe, the <i>Terumat Ma'aser</i> is designated upon it, and the remainder is <i>Challah</i>, and <i>Ma'aser Sheni</i> is on its north or south side, and is hereby unconsecrated by [transferring its consecration to] coins.
  One who buys from a baker may separate tithes from the hot for the cold and from the cold for the hot even from many molds, the words of Rabbi Meir.  Rabbi Yehudah forbids, for I say that yesterday's wheat was from one [man] and today's was from another.  Rabbi Shimon forbids regarding [the separation of] <i>Terumat Ma'aser</i>, but permits regarding <i>Challah</i>.
  One who buys from a merchant tithes from each mold separately, the words of Rabbi Meir.  Rabbi Yehudah says, from one for all.  Rabbi Yehudah acknowledges that when one purchases from one who has a monopoly, that he separates tithes from each separately.
  Regarding one who buys from a poor person, and so for a poor person to whom is given pieces of bread or slices of fig rounds, he tithes from each separately. But for dates and dried figs, he may mix them up and take [tithes from the mixture]. Says Rabbi Yehuda: When [is this the case]? When the gift is a large quantity; but when the gift is a small quantity, he must tithe each separately.
  One who buys from a wholesaler and then comes back and buys from him a second time: he may not tithe from one [purchase] for the other, even if [both are] the same vessel, even if [both are] from the same species. The wholesaler is trusted to say, "They are from one [seller and thus may be tithed together]."
  One who buys from a <i>Ba'al HaBayit</i> [property owner], and then comes back and buys from him a second time: he may tithe from one [purchase] for the other, even from two containers, even from two towns. A <i>Ba'al HaBayit</i> who was selling greens in the market; at a time when they are bringing [the greens] for him from his own gardens, [the buyer must] tithe from one for all of them. But [if they are bringing it] from other gardens, tithe from each separately.
  Someone who buys produce that has not been tithed from two places should tithe from each [purchase] separately, even though they said, "A person is not permitted to sell produce that has not been tithed unless in need."
  Tithes may be taken from [produce] of a Jew for that of a non-Jew, from that of a non-Jew for that of a Jew, from that of a Jew for that of a Cuthite, and from that of a Cuthite for that of a Cuthite. Rabbi Eliezer prohibits from that of a Cuthite for that of a Cuthite.
  A perforated pot is [considered] like land. [If one] took <i>Terumah</i> from [produce grown in] the earth for [produce grown in] a perforated pot, or from a perforated pot for the earth, his <i>Terumah</i> is [valid] <i>Terumah</i>. From a non-perforated pot for a perforated pot, [this is treated with the stringencies of valid] <i>Terumah</i> [but] one must return and retake the <i>Terumah</i> [in a valid manner]. From a perforated pot for a non-perforated pot is [valid] <i>Terumah</i>, and cannot be eaten until <i>Terumot</i> and <i>Ma'asrot</i> have been removed for it.
  [If one] took <i>Terumah</i> from <i>Demai</i> [produce from which it is uncertain if tithes were already taken] for [other] <i>Demai</i>, or from <i>Demai</i> for produce that has certainly not been tithed, [this is treated with the stringencies of valid] <i>Terumah</i>, [but] one must return and retake the <i>Terumah</i> [in a valid manner]. From produce that has certainly not been tithed for <i>Demai</i>, [this is treated with the stringencies of valid] <i>Terumah</i>, and cannot be eaten until <i>Terumot</i> and <i>Ma'asrot</i> have been removed for it.
  
  
  
  Someone who received a field [as a sharecropper] from a Jew, a non-Jew, or a Cuthite, should divide up [the produce] in their presence. One who rents a field from a Jew, must separate the <i>Terumah</i> [produce consecrated for priestly consumption] and then give [the landlord] his portion. Rabbi Yehudah said: When is this? When the payment is from the same field and the same species; however, if the payment is from a different field or a different species, he must separate the tithes and then give [the landlord] his portion.
  One who rents a field from a non-Jew must separate the tithes and then give [the landlord] his portion. Rabbi Yehudah says, also one who acquires his ancestral field from a non-Jew must separate the tithes and then give [the non-Jew] his portion.
  A priest and a Levite who received a field [as sharecroppers] from a Jew; just as they divide the <i>Chulin</i> [non-sacred produce, with the field's owner], so they divide the <i>Terumah</i>. Rabbi Eliezer says: Even the tithes belong to them [i.e. the priest and the Levite], for they have come [to work the field] on this condition.
  A Jew who received [a field] from a priest or a Levite; the tithes go to the owner. Rabbi Yishmael says: "The one from the provinces who received a field from a Jerusalemite; the <i>Ma'aser Sheni</i> [second tithe, which must be eaten in Jerusalem] is the property of the Jerusalemite." The Sages say: "The one from the provinces can go up to Jerusalem and eat it there himself."
  One who receives [as payment] olives for oil; just as they divide the <i>Chulin</i>, so they divide the <i>Terumah</i>. Rabbi Yehudah says, [in the case of] an Israelite who receives from a priest or from a Levite olives for oil as partial payment, the tithes belong to the owner.
  Those who follow the school of Shammai say: a man should not sell his olives except to a <i>Chaver</i> [one who scrupulously observes purity laws]. Those who follow the house of Hillel say: even for the tithe. And the modest ones among those who follow the school of Hillel would act in accordance with the words of those who follow the school of Shamai.
  Two who gathered the produce of their vineyards into one press, one who tithes and one who does not tithe, the one who tithes should tithe his produce, and his portion is anywhere.
  Two who received a field as share croppers or inherited [it] or joined as partners, one may say to the other: "You take the wheat from such-and-such area and I the wheat from such-and-such area, you [take] the wine from such-and-such area and I the wine from such-and-such area." However, he may not say to him: "You take the wheat and I the barley, you take the wine and I will take the oil."
  A <i>Chaver</i> and an <i>Am HaAretz</i> [one who is lax in observing purity laws] who inherited from their <i>Am HaAretz</i> father: he [the <i>Chaver</i>] can say to him: "You take the wheat from such-and-such area and I the wheat from such-and-such area, you the wine from such-and-such area and I the wine from such-and-such area." However, he may not say to him: "You take the wheat and I the barley, you take the fresh and I will take the dried."
  A convert and a non-Jew who inherit from their non-Jewish father: he [the convert] can say to him: "You take the idol worship and I the money, you the wine and I the fruit." But if they have come into the possession of the convert, this is forbidden.
  One who sells fruit in Syria and says: "These [fruits] are from the Land of Israel", one must tithe [the purchased fruit]. [If the seller says:] "Tithes have been taken from these [fruits]", he is trusted, as the mouth which caused the prohibition [by saying they are from Israel and therefore require tithes] is the mouth which made them permitted [by saying that tithes have already been taken]. [If the seller says:] "They are mine", one must tithe. [If the seller says:] "They have been tithed", he is trusted, as the mouth which caused the prohibition is the mouth which made them permitted. However, if it is known that he [the seller] has a field in Syria, one must tithe.
  An <i>Am HaAretz</i> who says to a <i>Chaver</i>, "Buy me a bundle of vegetables", "buy me one loaf": he buys without specifying and is exempt from tithing. If he [buys for himself as well and] says "this is mine and this is my friend's" and they become mixed, he is obligated to tithe, even if [he bought] 100 items.
  
  
  
  If one invites his friend to eat at his home and the friend does not trust him with regards to tithes, on the day before Shabbat he says, "That which I am going to separate tomorrow is [part of the] tithe, and the rest of the tithe will be next to it. That which I have designated as [part of the] tithe, the <i>Terumat Ma'aser</i> [a portion of the tithes that is given to the priest] is designated upon it. And <i>Ma'aser Sheni</i> [second tithe, must be eaten in Jerusalem] is on its north or south, and is hereby unconsecrated by [transferring its consecration to] coins."
  When they mixed the cup for him he should say, "What I will leave at the bottom of the cup is [part of the] tithe, and the rest of the tithe will be next to it. That which I have designated as [part of the] tithe, the <i>Terumat Ma'aser</i> is designated upon it. And <i>Ma'aser Sheni</i> is at its mouth and is hereby unconsecrated by [transferring its consecration to] coins."
  A worker who does not trust the <i>Ba'al HaBayit</i> [property owner] should take one dried fig and say, "This and the nine that follow it are [part of the] tithe for the ninety I eat. This [first] one is designated as <i>Terumat Ma'aser</i> upon them and <i>Ma'aser Sheni</i> is at the end and becomes unconsecrated by [transferring its consecration to] coins." He then withholds one dried fig. Rabbi Shimon ben Gamliel says, he does not withhold because he then reduces the work of the employer. Rabbi Yossi says he doesn't withhold due to an enactment of the court.
  A man who buys wine from among the Cuthites should say, "Two <i>Log</i> [specific unit of volume] that I will separate are the <i>Terumah</i>, ten are the tithe, and nine are the <i>Ma'aser Sheni</i>. He then may begin and drink.
  If a man had untithed figs in his house, and he is in the <i>Beit HaMidrash</i> [Hall of Study] or the field, he should say, "Two figs that I will separate are <i>Terumah</i>, and ten are [part of the] tithe, and nine are <i>Ma'aser Sheni</i>." If they are <i>Demai</i> [produce from which it is uncertain if tithes were already taken], he says, "What I will separate tomorrow are [part of the] tithe, and the rest of the tithe will be next to it. That which I have designated as [part of the] tithe, <i>Terumat Ma'aser</i> is designated upon it. And <i>Ma'aser Sheni</i> is on its north or south, and is hereby unconsecrated by [transferring its consecration to] coins.
  If a man has two baskets of untithed produce before him and says, "The tithes of this one are in the other one," the first is tithed. [If he says,] "The [tithes of] this one are in the other one and of the other one are in this one," the first is tithed. [If he says,] "The tithes of each of them are the tithes of the other basket," it is a valid designation.
  [If there is a mixture of] one hundred untithed and one hundred <i>Chulin</i> [non-sacred produce], he takes one hundred and one. [If there is a mixture of] one hundred untithed and one hundred tithes, he takes one hundred and one. [If there is a mixture of] one hundred non-sacral that have been fixed [tithed] and one hundred tithes, he takes one hundred and ten. [If there is a mixture of] one hundred untithed and ninety tithes, or ninety untithed and eighty tithes, he has lost nothing. This is the rule: as long as the untithed part is the greater part, he has lost nothing.
  If one has ten rows of ten jars of wine and says, "One outside row is the tithe" and it is not known which [row] it is, he takes two jars diagonally. [If he said,] "Half of one outside row is the tithe" and it is not known which [row] it is, he takes four jars from the four corners. [If he said,] "One row is the tithe" and it is not known which [row] it is, he takes one diagonal row. [If he said,] "Half of one row is the tithe" and it is not known which one, he takes two diagonal rows. [If he said,] "One jar is the tithe" and it is not known which jar it is, he takes from every jar.