Yerushalmi Demai 2:5 ירושלמי דמאי ב׳:ה׳

MISHNAH: Rebbi Meïr says, something which usually is sold retail and he sold wholesale, the wholesale is adjunct to the retail¹⁹⁵And must be tithed; in the following case, the retail quantity may be sold as demay.; something which usually is sold wholesale and he sold retail, the retail is adjunct to the wholesale. What is wholesale? For dry produce, three qab¹⁹⁶About 6.4 liter or 1.7 US gals., for liquids, the value of one denar¹⁹⁷According to Maimonides, one gold denar which equals 24 or 25 silver denar.. Rebbi Yose says, baskets of figs, baskets of grapes, and boxes of vegetables, all these if sold en bloc¹⁹⁸Arukh gives two interpretations. 1) “Anything that is neither weighed nor measured is called אכסרה.” 2) “ ‘At a loss’, for in Arabic loss (or damage) is called כֹסארה خسارة”. The first interpretation seems to be appropriate here; according to the second one, all produce should be exempted if sold at a loss. Since the Halakhah does not discuss R. Yose’s statement, his opinion is not followed in practice. are free.

HALAKHAH: In the opinion of this Tanna, they gave a measure for dry produce but not for fluids, they gave a value for fluids but not for dry produce. Rebbi Ḥiyya stated²⁰⁰Tosephta Demay 3:12.: “A hin²⁰¹A fluid measure, half a seah, equal to the three qab mentioned in the Mishnah as dry measure. is wholesale, less than a hin is retail. A nummus²⁰²In R. Ḥiyya’s time of honest coinage and stable prices. Latin nummus, also called nummus sestertius, “a small coin.” is retail, more than a nummus is wholesale.” In the opinion of that Tanna, they gave a measure for fluids but not for dry produce, they gave a value for dry produce but not for fluids.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates²⁰³In both cases, one party pays for both heave and Second Tithe.. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest²⁰⁴Not classifiable as either wholesale or retail.. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order²⁰⁵If the seller says that the produce is in order it only means that the heave of the tithe was taken (reading and interpretation of R. Abraham ben David.) Maimonides does not read נתקון here but נְתַקֵּן, “let us put in order;” if both parties agree to put the produce in order at the point of sale, the heave is on the seller and the Second Tithe on the buyer, irrespective of a wholesale or retail transaction. (Maimonides Maäser 10:5)., even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Eleazar in the name of Rebbi Hoshaiah: It is a condition imposed by the Court that the fat²⁰⁶That fat of a four-legged animal, which in a sacrifice would go on the altar, is forbidden for profane use (Lev. 3:17). It has to be cut out before the piece of meat is sold. be on the butcher and the sciatic tendon²⁰⁷It may not be eaten (Gen. 32:33). It must be cut out together with all the fat in which it is embedded. The butcher would naturally cut out only the minimum of fat in order to maximize his profit. on the buyer. Rebbi Abbahu made it common usage in Caesarea that both should be on the buyer, so that they would amply take out.