Yerushalmi Demai 7:2 ירושלמי דמאי ז׳:ב׳

MISHNAH: When³⁴This Mishnah is a continuation of the first and refers to the proviso he makes both on Friday and at the meal. they mixed him a cup, he says: What I shall leave at the rim of the cup shall be tithe, the rest of tithe near to it. What I made tithe shall be the heave of the tithe for everything, and the Second Tithe shall be on its top and be redeemed by coins.

HALAKHAH: So is the Mishnah: Concerning the mixing of the cup³⁵Not that the proviso would be spelled out when they mix the cup, which would be on the Sabbath and forbidden; it is the proviso which has to be spelled out on Friday and then repeated, in a whisper, on the Sabbath..

Where are we at? If he says it beforehand, the drink is mixed³⁶Since fluids move, if he declares the place of the heave at one moment, its molecules will have wandered away by the time he drinks, and he also drank of the heave, a deadly sin.. If he says, when I shall have drunk, before that he drank ṭevel³⁷If he declares after he drank, he drank only ṭevel.. What we are dealing with is that he says beforehand: When I shall have drunk³⁸He must make the declaration beforehand in order to avoid drinking ṭevel. On the other hand, he cannot designate heave before he finished, in order to avoid drinking heave. Hence, he has to designate heave on Friday to be separated after he finished drinking.. But does he then not move impure heave on the Sabbath³⁹Since he is eating at an am haäreẓ’s, all the food is considered impure. Hence, the heave also is impure and must be destroyed. But this cannot be done on the Sabbath; the impure heave is therefore of no use on the Sabbath and under the rules of muqẓeh cannot be moved.? Rebbi Eleazar said, he leaves some profane⁴⁰When he declares that the wine near the designated tithe should be tithe, he really does not want it to be all tithe but some drops of profane non-tithe must also remain. Since the profane wine may be moved, and since we have a principle that anything usable may be moved, the impure heave also can be moved., as what we have stated there⁴¹Mishnah Šabbat 21:1: “One moves impure heave with pure and with profane food.” It seems that the switch impure/pure in our text is a scribal error since the following argument requires the order of subjects in the Mishnah. In the parallel Pesaḥim 3:3 (fol. 30a), the quote of the Mishnah is correct. {Because of that switch, successive editors have mutilated the text in newer editions.}: “One moves pure heave with impure one and with profane food.” But that does not compare. There, the impure is for the needs of the pure⁴²There is no Yerushalmi on the Mishnah, and a parallel quote in Pesaḥim3:3 (fol. 30a) has exactly the same text. The explanation of the Yerushalmi seems to be the same as that of the Babli (Šabbat 142a), that impure heave can be moved on the Sabbath only if it is necessary to remove it in order to get at usable food, be it pure heave or profane., but here the profane is for the needs of the impure⁴³Hence, there is no need to move the impure heave and it should not be permitted.. Rebbi Yose ben Rebbi Abun said, when he sets down the cup it will be holy⁴⁴Since we have to stipulate from the start that wine should become heave only when the guest has finished drinking, one may also stipulate that this should happen only when the guest has put down the cup and does not move it again. Then the question does not arise..

There, we have stated⁴⁵Mishnah 7:5. “He who buys wine from the Samaritans, since he buys wine which certainly is not tithed, he may declare that he will give designated amounts in the future and drink immediately.” In the Tosephta, Demay 8:7, this is R. Meïr’s opinion, restricted to somebody who bought on Friday and had no time to tithe it before sundown.: “Is somebody buys wine from the Samaritans.” It was stated⁴⁶Tosephta Demay 8:7. R. Meïr’s position is he never had a case of a broken wine bag; he would worry if a bag broke and was emptied without some drops remaining that could be designated as heave of the tithe.: “Rebbi Yose and Rebbi Simeon forbid it, for the wine bag may spring a leak and it will turn out retroactively that he drank ṭevel.” Is our Mishnah not following Rebbi Yose and Rebbi Simeon⁴⁷The guest may drink before the heave was declared. Since the cup is filled at the place where one drinks, nothing bad can happen since even if something is spilled, the heave is in the drops clinging to the wall.? Rebbi Jacob bar Idi said, all agree that the cup is at its place.