Talmud Yerushalmi
Yerushalmi Demai 5:7 ירושלמי דמאי ה׳:ז׳
Part of: Chapter 5
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: הַלּוֹקֵחַ טֵבֵל מִשְּׁנֵי מְקוֹמוֹת מְעַשֵּׂר מִזֶּה עַל זֶה אַף עַל פִּי שֶׁאָמְרוּ אֵין אָדָם רְשַׁאי לִמְכּוֹר טֵבֵל אֶלָּא לְצוֹרֶךְ.
MISHNAH: He who buys ṭevel from two sources may tithe from one for the other even though they said that nobody is permitted to sell ṭevel except in case of need99If the first heave was not taken, it is clearly possible to take heave from one batch for the other, as long as they are of the same kind. The need to sell ṭevel arises if some grain that was tithed fell into a heap of ṭevel. In that case, heave can no longer be taken from that heap, because what one takes out may be from the profane grain and cannot become heave. Then it is necessary to take the heave for this heap from some other heap. But nobody can take heave for another person’s property. Hence, a transfer of property may be necessary..
MISHNAH: He who buys ṭevel from two sources may tithe from one for the other even though they said that nobody is permitted to sell ṭevel except in case of need99If the first heave was not taken, it is clearly possible to take heave from one batch for the other, as long as they are of the same kind. The need to sell ṭevel arises if some grain that was tithed fell into a heap of ṭevel. In that case, heave can no longer be taken from that heap, because what one takes out may be from the profane grain and cannot become heave. Then it is necessary to take the heave for this heap from some other heap. But nobody can take heave for another person’s property. Hence, a transfer of property may be necessary..
הלכה: אָמַר רִבִּי יוֹנָה כֵּינִי מַתְנִיתָא אֵין אָדָם רְשַׁאי לִמְכּוֹר טֵבֵל אֶלָּא לְצוֹרֶךְ וּבִלְבַד לְחָבֵר. מֵעַתָּה עַם הָאָרֶץ שֶׁנִּתְעָרֵב טִבְלוֹ בְחוּלִין אֵין לוֹ תַקָּנָה. כֵּיצַד הוּא עוֹשֶׂה הוֹלֵךְ אֶצֶל חָבֵר וְהוּא לוֹקֵחַ לוֹ טֵבֵל וּמְעַשְּׂרוֹ לוֹ.
HALAKHAH: Rebbi Jonah said, this is the Mishnah: Nobody is permitted to sell ṭevel except in case of need, and only to a ḥaver100Since the ḥaver not only must be observant but also knowlegeable in all the rules concerning ṭevel. [This כיני מתניתא is not discussed in the systematic study of the term in R. J. N. Epstein’s מבוא לנוסח המשנה.]. In that case, if ṭevel of an am haäreẓ was mixed with profane, can that never be fixed? What shall he do? He goes to a ḥaver who buys ṭevel for him101R. Jonah implies that ṭevel can be sold to a ḥaver acting not only for himself but also as trustee for others. and tithes for him.
HALAKHAH: Rebbi Jonah said, this is the Mishnah: Nobody is permitted to sell ṭevel except in case of need, and only to a ḥaver100Since the ḥaver not only must be observant but also knowlegeable in all the rules concerning ṭevel. [This כיני מתניתא is not discussed in the systematic study of the term in R. J. N. Epstein’s מבוא לנוסח המשנה.]. In that case, if ṭevel of an am haäreẓ was mixed with profane, can that never be fixed? What shall he do? He goes to a ḥaver who buys ṭevel for him101R. Jonah implies that ṭevel can be sold to a ḥaver acting not only for himself but also as trustee for others. and tithes for him.