Yerushalmi Demai 7:3 ירושלמי דמאי ז׳:ג׳

MISHNAH: A worker⁴⁸An agricultural worker who is a ḥaver and has to be fed by his employer during the day. who does not believe his employer takes one dried fig⁴⁹Of those supplied by his untrustworthy employer. Again, the tithes have to be named but only the heave of the tithe has actually to be taken out and separated for demay. and says: This one and the next nine shall be tithe for ninety that I shall eat. This one is made heave of the tithe for them. The Second Tithe is at the end and it is redeemed by a coin⁵⁰One peruṭah in a coin..
He saves one fig⁵³The worker of Mishnah 3. Since he has declared one fig to be heave of the tithe, that fig must be given to the Cohen. The anonymous Tanna requires the worker to give the fig from his allotment. Rabban Simeon ben Gamliel requires the worker to give a fig, but one he buys, not one given to him by his employer since he is required to eat all the food he receives from his employer in order to be strong. Rebbi Yose requires the employer to give a fig to the Cohen if the worker so requires since that is a stipulation of the Court and automatically incorporated in all work contracts.. Rabban Simeon ben Gamliel says, he should not save because he reduces the work he will be able to do for his employer. But Rebbi Yose said, he should not save because that is a stipulation of the Court.

HALAKHAH: Rebbi Eleazar⁵¹The paragraph does not belong here but in Terumot 2:4, where the text is identical except for בטילה instead of בטיבולה. The Mishnah in Terumot assumes that somebody gives a seah to a Levite and a seah to the poor; according to R. Meïr then he, or his worker, can eat eight seah based on the tithes he gave. The Sages permit only to eat according to the percentage of the tithe that still exists. Maimonides and R. Simson give two possible interpretations, one that the Mishnah there is a corollary to the Mishnah here and deals with a worker who receives food from his employer and sees the employer give to the Levite and the poor but does not know whether he gave as tithes or as gifts. R. Hoshaiah declares that the position of the Sages in that Mishnah is identical with the position of the Tanna in our Mishnah. in the name of Rebbi Hoshaiah: They considered him a worker who does not trust his employer. The following is obvious: If the produce was burned, the heave is ṭevel⁵²Since heave is taken to permit the rest to be eaten, if nothing can be eaten there is no heave, and heave and tithes have to be separated anew from the remainder. This refers to the case where the produce burned before the heave was delivered to the Cohen. If the heave burned after he declared it, the farmer did his duty.. If the heave is burned, when the produce is eaten the heave will have been sanctified retroactively.

What did he save? From his food he separates the heave of the tithe.

It was stated⁵⁴A similar text appears in Tosephta Baba Meẓia‘ 8:2: “A worker is not permitted to work for himself at night and rent himself out during the day, or plough with his cow in the evening and rent her out in the morning; he should not starve himself, torment himself, or give his food to his children, because he robs his employer of the work he will be able to do.”: “A man should not plough with his cow at night and rent her out during the day, he should not work for himself at night and rent himself out during the day, he should not starve himself and not torment himself because he reduces the work he will be able to do for his employer.”

Rebbi Joḥanan went to some place where he found the schoolteacher weak⁵⁵R. Simson reads אטימוייס, Hagahot Maimuniot on Maimonides Śekhirut 13:6 reads אטימוס, ἄθυμος “feeble” (M. Sachs), in Cafṭor Waperaḥ Chap. 39, אטמיאס. The translation follows Hagahot Maimuniot.. He asked them, what has happened⁵⁶It seems that he suspected the school board of not paying a living wage.? They said to him, he is fasting. He said to him, that is forbidden to you. If one says that it is forbidden for the work one does for flesh and blood, so much more for the work of the Holy One⁵⁷The elementary school teacher, who turns illiterates into literates and uncivilized into civilized, finishes the work of creation and therefore does God’s work., praise to Him!

Rav Ḥiyya bar Ashi in the name of Rav⁵⁸Tosephta Demay 8:6: “R. Yose says that it is a stipulation of the Court that the heave of the tithe should be from the employer and the Second Tithe from the worker.” R. Simson reads the text of the Tosephta in the Yerushalmi. Cafṭor Waperaḥ Chap. 39 quotes the Tosephta, not the Yerushalmi. Maimonides Maäser 9:11 follows the Tosephta as current practice. It seems that the Yerushalmi gives the position of the anonymous Tanna, in contrast to the Tosephta which explicitly refers to R. Yose; the reading in the Yerushalmi should not be changed for the (probably Babylonian) Tosephta. Rav explains the position of the anonymous Tanna as practice; he must assume that Rabban Simeon ben Gamliel and R. Yose disagree, so both are single opinions that are disregarded in face of a majority.: It is a stipulation of the Court that the heave of the tithe should be from the worker and the Second Tithe⁵⁹The peruṭah needed to redeem the second tithe. from the employer.