Talmud Yerushalmi
Yerushalmi Demai 1:4 ירושלמי דמאי א׳:ד׳
Part of: Chapter 1
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משנה: הַדְּמַאי מְעָרְבִין בּוֹ וּמִשְתַּתְּפִין בּוֹ מְבָרְכִין עָלָיו וּמְזַמְּנִין עָלָיו וּמַפְרִישִׁין אוֹתוֹ עָרוּם בֵּין הַשְּׁמָשׁוֹת. וְאִם הִקְדִּים מַעֲשֵׂר שֵׁנִי לָרִאשׁוֹן אֵין בְּכָךְ כְּלוּם. שֶׁמֶן שֶהַגִּירְדִּי סָךְ בְּאֶצְבְּעוֹתָיו חַיָיב בִּדְמַאי. וְשֶׁהַסּוֹרֵק נוֹתֵן בַּצֶּמֶר פָּטוּר מִן הַדְּמַאי.
MISHNAH: With demay, one may make eruv192There are two kinds of eruv (“mixing”) on the Sabbath. If many houses open into a common courtyard, in order to carry from the houses to the courtyard it is necessary to turn the courtyard into common property. This is done by putting into the courtyard some food to which all houses contributed. The second kind is “mixing of domains”, explained in Peah, Chapter 8, Note 56., participate193In order to turn a dead-end street into a common domain in which one may carry on the Sabbath, the residents of the courtyards opening into the dead-end street have to participate in giving food for a common meal. Since the rules for the dead-end street are different from those for a courtyard, the word eruv is not used., recite grace194Even if demay wine has not been put in order and one wants to use it for the cup of blessing. If a transgression of a Biblical commandment were involved, using it for a benediction would constitute blasphemy., and recite grace in a group195The longer form of Grace with an additional invocation.. One may separate it while naked196In contrast to separating heave and tithes from certain produce, demay does not require a benediction and no invocation of the Name, and, hence, may be separated while one is naked (Cf. Berakhot Halakhah 8:2). or at twilight197Friday night after sundown when it is still light but possibly already Sabbath. Certain food cannot be put in order then because this would make it usable now when before it was not at the start of the Sabbath. But demay which in any case is food of the poor, may be put in order during twilight (Mishnah Šabbat 2:7).. And if one lifted the Second Tithe before the First, it is also acceptable198For untithed food, lifting the Second Tithe before the First is forbidden; here it is permitted. Maimonides points out that in any case the heave of the tithe must be a full one percent of the original amount.. The oil the weaver puts on his hands200Mishnah Šabbat 2:7: “If it is doubtful whether it is night or not, one does not tithe the certain, one does not immerse vessels (to remove impurity), one does not kindle lights, but one may tithe demay, make an eruv, and cover warm food (to keep it warm for the next morning.)” is obligated for demay, that which the carder puts on wool is free from demay.
MISHNAH: With demay, one may make eruv192There are two kinds of eruv (“mixing”) on the Sabbath. If many houses open into a common courtyard, in order to carry from the houses to the courtyard it is necessary to turn the courtyard into common property. This is done by putting into the courtyard some food to which all houses contributed. The second kind is “mixing of domains”, explained in Peah, Chapter 8, Note 56., participate193In order to turn a dead-end street into a common domain in which one may carry on the Sabbath, the residents of the courtyards opening into the dead-end street have to participate in giving food for a common meal. Since the rules for the dead-end street are different from those for a courtyard, the word eruv is not used., recite grace194Even if demay wine has not been put in order and one wants to use it for the cup of blessing. If a transgression of a Biblical commandment were involved, using it for a benediction would constitute blasphemy., and recite grace in a group195The longer form of Grace with an additional invocation.. One may separate it while naked196In contrast to separating heave and tithes from certain produce, demay does not require a benediction and no invocation of the Name, and, hence, may be separated while one is naked (Cf. Berakhot Halakhah 8:2). or at twilight197Friday night after sundown when it is still light but possibly already Sabbath. Certain food cannot be put in order then because this would make it usable now when before it was not at the start of the Sabbath. But demay which in any case is food of the poor, may be put in order during twilight (Mishnah Šabbat 2:7).. And if one lifted the Second Tithe before the First, it is also acceptable198For untithed food, lifting the Second Tithe before the First is forbidden; here it is permitted. Maimonides points out that in any case the heave of the tithe must be a full one percent of the original amount.. The oil the weaver puts on his hands200Mishnah Šabbat 2:7: “If it is doubtful whether it is night or not, one does not tithe the certain, one does not immerse vessels (to remove impurity), one does not kindle lights, but one may tithe demay, make an eruv, and cover warm food (to keep it warm for the next morning.)” is obligated for demay, that which the carder puts on wool is free from demay.
הלכה: מַפְרִישִׁין אוֹתוֹ עָרוּם שֶׁאֵין טָעוּן בְּרָכָה.
HALAKHAH: One may separate it while naked because it does not need a benediction.
HALAKHAH: One may separate it while naked because it does not need a benediction.
מִבֵּין הַשְּׁמָשׁוֹת הָדָא דְתַנֵּינָן סָפֵק חֲשֵׁיכָה סָפֵק לֹא חֲשֵׁיכָה.
Around twilight, that is what we have stated200Mishnah Šabbat 2:7: “If it is doubtful whether it is night or not, one does not tithe the certain, one does not immerse vessels (to remove impurity), one does not kindle lights, but one may tithe demay, make an eruv, and cover warm food (to keep it warm for the next morning.)”: “If it is doubtful whether it is night or not.”
Around twilight, that is what we have stated200Mishnah Šabbat 2:7: “If it is doubtful whether it is night or not, one does not tithe the certain, one does not immerse vessels (to remove impurity), one does not kindle lights, but one may tithe demay, make an eruv, and cover warm food (to keep it warm for the next morning.)”: “If it is doubtful whether it is night or not.”
תַּנָּא רִבִּי חֲלַפְתָּא בֶּן שָׁאוּל מְחַלְלִין דְּמַאי בְּמֶרְחַץ שֶׁאֵינוֹ טָעוּן בְּרָכָה. הָא וַדַּאי טָעוּן בְּרָכָה. רִבִּי מָנָא בְּעֵי קוֹמֵי רִבִּי יוּדָן כֵּיצַד הוּא מְבָרֵךְ אִם הָיוּ פֵירוֹת עַל פִּדְיוֹן מַעֲשֵׂר שֵׁנִי אִם הָיוּ מָעוֹת עַל חִילּוּל מַעֲשֵׂר שֵׁנִי.
Rebbi Ḥalaphta ben Shaul stated: One may redeem demay in the bathhouse201Where most people are naked, even if he himself is not. since it does not need a benediction. Hence, if the produce is certain it needs a benediction. Rebbi Mana asked before Rebbi Judan, what does he recite? If it was produce, “on the redemption of Second Tithe202Praised are You, Eternal, our God, King of the Universe, Who sanctified us by His commandments and commanded us on the redemption of Second Tithe.,” if it was money203Money from the redemption of Second tithe which is sacred and, therefore, cannot be exchanged for other coins, or for produce in Jerusalem to consume in purity, without a ceremony of profaning the first coins and substituting new ones as holy., “on turning Second Tithe profane.”
Rebbi Ḥalaphta ben Shaul stated: One may redeem demay in the bathhouse201Where most people are naked, even if he himself is not. since it does not need a benediction. Hence, if the produce is certain it needs a benediction. Rebbi Mana asked before Rebbi Judan, what does he recite? If it was produce, “on the redemption of Second Tithe202Praised are You, Eternal, our God, King of the Universe, Who sanctified us by His commandments and commanded us on the redemption of Second Tithe.,” if it was money203Money from the redemption of Second tithe which is sacred and, therefore, cannot be exchanged for other coins, or for produce in Jerusalem to consume in purity, without a ceremony of profaning the first coins and substituting new ones as holy., “on turning Second Tithe profane.”
אִם הִקְדִּים מִשֵּׁנִי לָרִאשׁוֹן אֵין בְּכָךְ כְּלוּם בְּשֶׁעָבַר הָא בַּתְּחִילָּה לֹא. רִבִּי בָּא בְּרֵיהּ דְּרִבִּי חִיָיא בַּר וָוא רִבִּי חִיָיא בְשֵׁם רִבִּי יוֹחָנָן מוּתָּר לְהַקְדִּים שֵׁנִי לָרִאשׁוֹן בִּדְמַאי. רִבִּי יַעֲקֹב בַּר אָחָא בַּר אִידִי בְשֵׁם רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי לֹא יַעֲשֶׂה וְאִם עָשָׂה מַה שֶׁעָשָׂה עָשׂוּי.
“If one lifted the Second Tithe before the First, it is also acceptable.” Hence, one should not do it on purpose204Since it is formulated as a conditional, if it happened, nothing bad has happened. It does not say that one is invited to do it.. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya205R. Ḥiyya bar Abba. in the name of Rebbi Joḥanan, one may make the Second precede the First in demay206This is accepted by Maimonides, Maäser 9:6, even though for practical decisions one prefers R. Joshua ben Levi over R. Joḥanan, probably because the practical rule which the Halakhah gives, in the paragraph following the next, works only according to R. Joḥanan.. Rebbi Jacob bar Aḥa bar Idi207He cannot be identical either with R. Jacob bar Aḥa of the fourth generation, or with R. Jacob bar Idi, companion of R. Joḥanan. He is quoted only here and nothing else is known about him. in the name of Rebbi Joshua ben Levi: One should not do it, but if he did, what he did is valid.
“If one lifted the Second Tithe before the First, it is also acceptable.” Hence, one should not do it on purpose204Since it is formulated as a conditional, if it happened, nothing bad has happened. It does not say that one is invited to do it.. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya205R. Ḥiyya bar Abba. in the name of Rebbi Joḥanan, one may make the Second precede the First in demay206This is accepted by Maimonides, Maäser 9:6, even though for practical decisions one prefers R. Joshua ben Levi over R. Joḥanan, probably because the practical rule which the Halakhah gives, in the paragraph following the next, works only according to R. Joḥanan.. Rebbi Jacob bar Aḥa bar Idi207He cannot be identical either with R. Jacob bar Aḥa of the fourth generation, or with R. Jacob bar Idi, companion of R. Joḥanan. He is quoted only here and nothing else is known about him. in the name of Rebbi Joshua ben Levi: One should not do it, but if he did, what he did is valid.
מַהוּ לִיקְבֹעַ שֵׁנִי בְּמָקוֹם רִאשׁוֹן. רִבִּי יוֹסֵי בֶּן שָׁאוּל אַיְיתֵי לֵיהּ אָרִיסֵיהּ פֵּירֵי. אָמַר לֵיהּ צֵא וּקְבַע שֵׁנִי. חָזַר וְאָמַר לֵיהּ צֵא וּקְבַע רִאשׁוֹן וְחָשׁ לוֹמַר שֶׁמָּא קָבַע שֵׁנִי בְּמָקוֹם רִאשׁוֹן. הָדָא אָמְרָה שֶׁמּוּתָּר לִיקְבֹעַ שֵׁנִי בְּמָקוֹם רִאשׁוֹן.
May one determine the Second in place of the First208This is not a question about demay but about produce from which no tithes were taken. It is forbidden to change the order in which the tithes are to be taken; if one takes the Second before the First, one may not recite in the Temple the declaration of tithes, containing the assertion (Deut. 26:13); “I did not overstep Your commandments.” Here, the question is whether this also applies simply to the designation of the place from which the tithe will be taken in the future. This is important if somebody wants to consume fruits or wine for which he will give tithes in the future from some other batch, under circumstances that prevent the actual separation now, e. g., on the Sabbath. Then he must spell out the location from which tithes will be taken. Does this preliminary determination also have to follow the strict rules of precedence?? His sharecropper brought fruits to Rebbi Yose ben Shaul. He said to him, go and fix a place for the Second. He returned, and he told him, go and fix a place for the First. Should he not worry that maybe the Second was fixed at a place reserved for the First209If the tithes had actually been taken, would some of the produce now designated as Second Tithe actually have become First and would then be forbidden to the owner? Note that the sharecropper understood Hebrew, not only Aramaic; he was educated and did not object to what he was told.? This means that it is permitted to determine the Second in place of210I. e., prior to. the First.
May one determine the Second in place of the First208This is not a question about demay but about produce from which no tithes were taken. It is forbidden to change the order in which the tithes are to be taken; if one takes the Second before the First, one may not recite in the Temple the declaration of tithes, containing the assertion (Deut. 26:13); “I did not overstep Your commandments.” Here, the question is whether this also applies simply to the designation of the place from which the tithe will be taken in the future. This is important if somebody wants to consume fruits or wine for which he will give tithes in the future from some other batch, under circumstances that prevent the actual separation now, e. g., on the Sabbath. Then he must spell out the location from which tithes will be taken. Does this preliminary determination also have to follow the strict rules of precedence?? His sharecropper brought fruits to Rebbi Yose ben Shaul. He said to him, go and fix a place for the Second. He returned, and he told him, go and fix a place for the First. Should he not worry that maybe the Second was fixed at a place reserved for the First209If the tithes had actually been taken, would some of the produce now designated as Second Tithe actually have become First and would then be forbidden to the owner? Note that the sharecropper understood Hebrew, not only Aramaic; he was educated and did not object to what he was told.? This means that it is permitted to determine the Second in place of210I. e., prior to. the First.
עוּלָּא בַּר יִשְׁמָעֵאל בְּשֵׁם רִבִּי יוֹחָנָן פּוֹטֵר הוּא אָדָם אֶת טִבְלוֹ בִּסְאָה אַחַת שֶׁל טֵבֵל. כֵּיצַד הוּא עוֹשֶׂה מֵבִיא סְאָה אַחַת שֶׁל טֵבֵל וְעוֹשֶׂה אוֹתָהּ שֵׁנִי וּפוֹדֶה אוֹתָהּ וְחוֹזֵר וְעוֹשֶׂה אוֹתָהּ תְּרוּמַת מַעֲשֵׂר לְמָקוֹם אַחֵר. נְחַת עוּלָּא לְתַמָּן וְאָמְרָהּ בְּשֵׁם רִבִּי יוֹחָנָן וְחָבְרוּן עֲלוֹי. הָתִיב רַב שֵׁשֶׁת וְהָא מַתְנִיתָא פְלִיגָא הָיוּ לְפָנָיו שְׁתֵּי כַּלְכָּלוֹת שֶׁל טֵבֵל. וְתַנִּי עֲלָהּ נוֹטֵל מִן הַשְׁנִיָיה שְׁנֵי תְּאֵינִים וּשְׁנֵי עִישּׂוּרִין וְעִישּׂוּרוֹ שֶׁל עִישּׂוּר. וְיִטּוֹל שְׁתֵּי תְּאֵנִים וְיַעֲשֶׂה אוֹתָן שֵׁנִי וְיִפְדֶּם וְיַחְזוֹר וְיַעֲשֵׂם תְּרוּמַת מַעֲשֵׂר לְמָקוֹם אַחֵר. אָמַר רִבִּי מָנָא וְאֵין שֵׁנִי שֶׁבְּרִאשׁוֹנָה טָבוּל לְרִאשׁוֹן שֶׁבִּשְׁנִיָיה. אָמַר רִבִּי חֲנַנְיָה תַּמָּן כְּדֵי שֶׁהוּא טוֹבֵל לָרִאשׁוֹן וְלַשֵּׁנִי. בְּרַם הָכָא שֵׁנִי שֶׁנִּיתְקַן מַחְמַת רִאשׁוֹן אַתְּ חוֹזֵר וְעוֹשֶׂה אוֹתוֹ רִאשׁוֹן.
Ulla bar Ismael in the name of Rebbi Joḥanan: A person may free his ṭevel211Produce from which tithes were not yet given. In general, ṭevel denotes produce from which nothing yet was given but, as R. Abraham ben David points out in his notes to Maimonides, Maäser 7:3, one must assume that heave already was taken; otherwise, the entire operation would be impossible. with one seah of ṭevel. How does he do it? He brings one seah of ṭevel and declares it to be Second (Tithe), redeems it212Since the heave of the tithe was not yet taken, the redeemed Second Tithe is now ṭevel for the First Tithe only and can be used as First Tithe or as heave of the tithe. Since this Second Tithe is different from the produce to be tithed, no transgression was committed in designating the Second Tithe first., and returns to make it heave of the tithe for any other place. Ulla descended there213Babylonia. and said this in the name of Rebbi Joḥanan, but they united against him. Rav Sheshet objected, does not a Mishnah contradict: “If there were before him two baskets full of figs214Demay 7:6: “If he had before him two baskets of ṭevel; if he said, the tithes of one of them are in the other, the tithes of the first one are given. Of the first in the second and of the second in the first, the tithes of the first one are given. The tithes of each of the baskets are in the other one, he named them correctly.” In the second case, the second basket is not in order since the first basket is in order and one may under no circumstances give tithes from produce from which tithes were already given. In the third case, however, the fixing of the places of tithes is simultaneous for both baskets and that is possible since it was permitted in the first case (and we have established that there is no sin in giving names or fixing places simultaneously as long as the actual lifting of the tithes is done in good order.).” And we have stated about this215Tosephta Demay 8:15: “If two baskets of ṭevel were before him, each containing 100 figs, if their heave was taken and the tithes of each, the first gives its tithes. If he takes the tithes of each from the other, the first does not give tithes (as explained in the previous note). He takes two figs, two tithes, and a tenth of a tenth.” If he takes the tithes from each basket, he takes from each basket 19 figs (10 for First Tithe, 9 for Second Tithe, since heave was already taken.) If he takes all tithes from one basket, he takes 20 for First Tithe, 16 for Second Tithe. Hence, he has to add another 2 figs to get to the required 38 figs. Then from the First Tithe, he takes one tenth as heave of the tithe.: “He takes from the second basket two figs and two tenths, and a tenth of a tenth.” Why can he not take two figs, declare them to be Second (Tithe), redeem them, and return to make them heave of the tithe for any other place216Following the recipe of R. Joḥanan.? Rebbi Mana said, is not the Second Tithe in the first basket containing First Tithe of the second basket217Since everything comes from the second basket, the second basket would have to be fixed first but then it will be unusable to fix any other. Hence, the method of R. Joḥanan is not applicable here.? Rebbi Ḥananiah said, there218In the case of Ulla. it is ṭevel for the First and Second. But here, Second Tithe that was put in order after First, can you return and make it First219Since First was already taken, one cannot take something that is exempt from further obligations in order to make it heave of the tithe anywhere. (The explanations to this paragraph given in the commentaries, from R. Simson of Sens to R. S. Lieberman, are unintelligible.)?
Ulla bar Ismael in the name of Rebbi Joḥanan: A person may free his ṭevel211Produce from which tithes were not yet given. In general, ṭevel denotes produce from which nothing yet was given but, as R. Abraham ben David points out in his notes to Maimonides, Maäser 7:3, one must assume that heave already was taken; otherwise, the entire operation would be impossible. with one seah of ṭevel. How does he do it? He brings one seah of ṭevel and declares it to be Second (Tithe), redeems it212Since the heave of the tithe was not yet taken, the redeemed Second Tithe is now ṭevel for the First Tithe only and can be used as First Tithe or as heave of the tithe. Since this Second Tithe is different from the produce to be tithed, no transgression was committed in designating the Second Tithe first., and returns to make it heave of the tithe for any other place. Ulla descended there213Babylonia. and said this in the name of Rebbi Joḥanan, but they united against him. Rav Sheshet objected, does not a Mishnah contradict: “If there were before him two baskets full of figs214Demay 7:6: “If he had before him two baskets of ṭevel; if he said, the tithes of one of them are in the other, the tithes of the first one are given. Of the first in the second and of the second in the first, the tithes of the first one are given. The tithes of each of the baskets are in the other one, he named them correctly.” In the second case, the second basket is not in order since the first basket is in order and one may under no circumstances give tithes from produce from which tithes were already given. In the third case, however, the fixing of the places of tithes is simultaneous for both baskets and that is possible since it was permitted in the first case (and we have established that there is no sin in giving names or fixing places simultaneously as long as the actual lifting of the tithes is done in good order.).” And we have stated about this215Tosephta Demay 8:15: “If two baskets of ṭevel were before him, each containing 100 figs, if their heave was taken and the tithes of each, the first gives its tithes. If he takes the tithes of each from the other, the first does not give tithes (as explained in the previous note). He takes two figs, two tithes, and a tenth of a tenth.” If he takes the tithes from each basket, he takes from each basket 19 figs (10 for First Tithe, 9 for Second Tithe, since heave was already taken.) If he takes all tithes from one basket, he takes 20 for First Tithe, 16 for Second Tithe. Hence, he has to add another 2 figs to get to the required 38 figs. Then from the First Tithe, he takes one tenth as heave of the tithe.: “He takes from the second basket two figs and two tenths, and a tenth of a tenth.” Why can he not take two figs, declare them to be Second (Tithe), redeem them, and return to make them heave of the tithe for any other place216Following the recipe of R. Joḥanan.? Rebbi Mana said, is not the Second Tithe in the first basket containing First Tithe of the second basket217Since everything comes from the second basket, the second basket would have to be fixed first but then it will be unusable to fix any other. Hence, the method of R. Joḥanan is not applicable here.? Rebbi Ḥananiah said, there218In the case of Ulla. it is ṭevel for the First and Second. But here, Second Tithe that was put in order after First, can you return and make it First219Since First was already taken, one cannot take something that is exempt from further obligations in order to make it heave of the tithe anywhere. (The explanations to this paragraph given in the commentaries, from R. Simson of Sens to R. S. Lieberman, are unintelligible.)?
שֶׁמֶן שֶהַגִּירְדִּי סָךְ בְּאֶצְבְּעוֹתֵיו חַיָיב בִּדְמַאי. מָה שֶׁהַסּוֹרֵק נוֹתֵן בַּצֶּמֶר פָּטוּר מִן הַדְּמַאי. מַה בֵּין זֶה לָזֶה. זֶה עַל גַּב גּוּפוֹ בָטֵל. וְזֶה עַל גַּב צֶמֶר הוּא בָטֵל.
“The oil that the weaver puts on his hands is obligated for demay, that which the carder puts on wool is free from demay.” What is the difference between one case and the other? The first disappears on his body220It supports the body and is titheable as food., the latter disappears on the wool.
“The oil that the weaver puts on his hands is obligated for demay, that which the carder puts on wool is free from demay.” What is the difference between one case and the other? The first disappears on his body220It supports the body and is titheable as food., the latter disappears on the wool.