Yerushalmi Demai 6:4 ירושלמי דמאי ו׳:ד׳

MISHNAH: If somebody¹¹¹Even an Israel who receives the field as sharecropper from a Cohen or a Levite. receives olives to make oil, they split heave just as they split the profane. Rebbi Jehudah says, if an Israel received olives from a Cohen or a Levite for oil or for half the yield as his wages, the tithes are for the landlords.

HALAKHAH: Rebbi Jehudah treats olives like fields but the rabbis do not treat olives like fields¹¹³It is not clear whether the rabbis exclude only olive groves from the rules of fields or any orchard. From the language of the Mishnah it seems that olives grown for pickling will come under the general rules of Mishnah 3.. Now it seems that Rebbi Judah is thinking like Rebbi Eliezer, as Rebbi Eliezer says¹¹⁴In Mishnah 3., “the tithe is theirs because they came because of it.” So here, if a Cohen or a Levite received a field (as sharecroppers), the tithes are theirs because they came because of them.

“¹¹⁵Tosephta Demay 7:10. As explained later in this paragraph, the technical term “to put in care” is applied only to an animal that is the joint property of the rancher and an investor. A cow of a Cohen that was put in an Israel’s care and gave birth to a firstborn calf, the firstborn calf is the Cohen’s, the words of Rebbi Jehudah. But the Sages say, the firstborn is their common property¹¹⁶The Israel who is the rancher may give his part of the firstborn calf to another Cohen.. Rebbi Jehudah said to them, do you not agree with me that the tithes of his field are his? They said to him, because the body of the field is his property, but the body of the cow is joint property. If the body of the cow were sole property of the Cohen, the firstborn would be the Cohen’s.” We have stated accordingly, “put in care means joint responsibility, selling is the sole responsibility of him who gives.”

“If a¹¹⁸Tosephta Demay 7:7. In this case, the Cohen is the owner and heave and tithe are his. The tithe, after heave of the tithe is removed, is profane in the hand of the Cohen and he may give them to anybody he wishes, even an Israel. Cohen gave money to an Israel to buy produce for half the profit¹¹⁹Not necessarily exactly half the profit, but, like a sharecropper, the Israel will be paid in kind rather than in money. and he (the Cohen) said to him: If they go up or down in price, it is on my account, and the tithes are yours, this is permitted. If an¹²⁰Tosephta Demay 7: 8. The Israel is the owner of everything, the Cohen is only his agent. Heave and tithes may not be part of the payment, otherwise the Cohen’s standing would be that of a Cohen helping with the harvest; see Halakhah 3 above. Hence, the Cohen has to be paid in full before heave and tithe are given to him. Israel gave money to a Cohen to buy produce for half the profit and he (the Israel) said to him: If they go up or down in price, it is on my account, and the tithes are yours, if he had paid the wages, it is permitted, otherwise it is forbidden. An¹²¹Tosephta Demay 5:18. R. Saul Lieberman conjectures that “sold” really means “leased his olive trees for one year,” to be paid a fixed amount of olive oil as rent. One may assume that olives growing on trees are meant, to be harvested and pressed by the contractor. In that sense, “sold” is applicable. Israel who sold olives against 60 log of ṭevel. If one¹²²A Cohen, who can take heave and tithes for himself. He may bid for the contract and offer better terms than a competing Israel. said to him, sell them to me and I shall give you 60 log that are in order, that is permitted. 60 log ṭevel, and both of us will share in the tithes, that is forbiden¹²³This last sentence is not in the Tosephta. Again, the contractor is a Cohen willing to let the Israel have part of heave and tithe..” If he gives him everything, it is permitted, if he gives him half, it is forbidden? Rebbi Yose said, if he extends credit to him¹²⁴If the contractor is a Cohen and does not have to deliver the 60 log of oil immediately after they are pressed but only later, while another bidder would have to deliver promptly, not only does he give to the Israel landlord part of his tithes as hidden interest for the extension of credit but he uses tithes (of which heave of the tithe has not been removed and which still retains its holy status) to pay a debt and this is contempt of holy gifts. [In the Tosephta dealing with the first case, the Cohen who delivers 60 log of tithed oil, it is stated explicitly that there is no transgression either of the laws of interest or of those of honoring holy things.]. We also have stated in this respect: If he extends credit to him it is forbidden because of interest and because of degradation of holy things.