Yerushalmi Bava Metzia 9:6 ירושלמי בבא מציעא ט׳:ו׳

MISHNAH: One²⁷The tenant farmer, not the share cropper. who contracts with another for a field, for ten kor of wheat per year. If it was damaged, he delivers from it⁴⁵If the rental fee is payable in kind, one may assume that the yield of the field given in lease is meant. If the grain produced was of inferior quality, the landlord is obliged to accept this low quality grain as payment.. If the wheat turned out to be of high quality, he may not tell him: I am buying wheat in the market, but he delivers from the yield⁴⁶The tenant cannot sell the high quality grain on the market, buy medium quality for his rental fee, and pocket the difference..

HALAKHAH: “One who contracts with another for a field,” etc. It was stated: ⁴⁷Cf. Tosephta Demay 6:4; Demay6:1 Notes 12–25.“One who contracts⁴⁸As a lessee (Note 37). with another for a field tithes and delivers to him, the words of Rebbi Meïr⁴⁹Since the produce is delivered to the landlord as payment, in his opinion it must be fully profane in that first heave (for the Cohen) and tithe (for the Levite) be taken and charged to the lessee’s account. This means that the cost to the lessee in the Land of Israel really is 11.8% higher than the amount stipulated in the lease.. But the Sages say, both for the same kind and for the same field⁵⁰In case the lessee pays with the produce of the field, he may tell the landlord to give tithes himself. This applies also if the contract calls for delivery of certain produce but the tenant farmer grows other kinds besides the specified produce. he lifts heave⁵¹In earlier times, when Cohanim were able to be ritually pure and eat heave in purity, recommended 2% of the produce. In times when ashes of the red cow are no longer available, a nominal amount. and delivers to him. But from another field or another kind he tithes and delivers to him⁵²This is the procedure frowned upon in the Mishnah: The lessee sells his crop and pays his rent with cheaper produce bought on the market. Since then he incurs a 10% surcharge for the tithe, he will not pay with bought produce unless he is able to get an extraordinarily high price for his produce.. ⁵³The Tosephta shows that this sentence should be attributed to R. Jehudah, not R. Meїr who always requires delivery of tithed produce. He permits delivery after lifting token heave only for agricultural property whose rent comprises all kinds of produce grown there. Rebbi Meïr says, only for the same kind and for the same field he lifts heave and delivers to him. But from another field or another kind he does (not)⁵⁴“Not” seems to be a scribal error. tithe and deliver to him.”