Yerushalmi Gittin 3:8 ירושלמי גיטין ג׳:ח׳

MISHNAH: If somebody sets aside¹⁵¹At the beginning of the harvest he sets aside a quantity of produce so that for the remainder of the harvest he simply can declare that all heave and tithes due at the moment of declaration should be taken from a certain spot of the set-aside. He can do that from a distance and does not have actually to go to the produce and separate heave and tithes for the next batch. For the rules of heave, see Tractate Terumot. produce to be used for future heave and tithes, or money to be used for Second Tithe¹⁵²To redeem the Second Tithe the moment it becomes due; cf. Introduction to Tractate Ma‘aser Šeni., can refer to them on the presumption that they exist. If they were lost, one worries about them for 24 hours back¹⁵³Any heave and tithes which were supposed to be referred to the produce set aside earlier than within 24 hours of the discovery that they were missing are still considered in good order; only produce referred to in the last 24 hours before discovery has to be tithed a second time., the words of Rebbi Eleazar¹⁵⁴The Tanna, ben Shamua.. Rebbi Jehudah says, three times a year one has to check the wine¹⁵⁵That it remained wine and did not turn into vinegar, since vinegar cannot be used to tithe wine.: At the time of East wind after Tabernacles¹⁵⁶A fall ḥamsīn wind., when the vines blossom, and when fluid starts to enter unripe grapes.

HALAKHAH: “If somebody sets aside produce,” etc. Rebbi Eleazar ben Antigonos in the name of Rebbi Eleazar ben Yannai: This means that nothing is in disorder for 24 hours but the last day¹⁵³Any heave and tithes which were supposed to be referred to the produce set aside earlier than within 24 hours of the discovery that they were missing are still considered in good order; only produce referred to in the last 24 hours before discovery has to be tithed a second time.. Rebbi Joḥanan said: Nothing is in order for 24 hours but the first day¹⁵⁷He reads the words of R. Eleazar meaning that one worries about all the times except the first 24 hours; all produce processed later than that date have to be tithed again. Both opinions are also reported in the Babli, 31a, with the Babli leaning towards the interpretation of R. Joḥanan as the correct one., as we have stated there¹⁵⁸Mishnah Miqwa’ot 2:2: If a miqweh was measured and found deficient (containing less than 40 se’ah of water), all things and persons purified by immersion in the miqweh after the last preceding check are considered impure. As pointed out by M. Margalit, R. Joḥanan proves too much since by his reason everything should have to be re-tithed, even what was put in order during the first 24 hours.: “If a miqweh was measured and found deficient.” Ḥinena the son of Rav Assi bar Mamal in the name of Rebbi Eleazar¹⁵⁹The Amora, ben Pedat.: That is to negate the words of Rebbi Eleazar¹⁵⁴The Tanna, ben Shamua., as we have stated: “If they were lost, one worries about them for 24 hours back, the words of Rebbi Eleazar.¹⁶⁰The Mishnah in Miqwa’ot is inconsistent with that in Giṭṭin. This proves that the Mishnah here, which is formulated in the name of a single person, represents a minority opinion. The Mishnah in Miqwa’ot is from the anonymous majority. The same argument is quoted in R. Eleazar’s name in the Babli, 31b.”

There, we have stated¹⁶¹Mishnah Demai 7:5; Notes 60–62. The Mishnah states that one may drink Samaritan wine (which is kosher but certainly not tithed) immediately on condition that one declare that one will take a stated amount from it as heave and tithe as soon as the wine is in storage.: “If someone buys wine from Samaritans.” It was stated¹⁶²Halakhah Demai 7:5, Note 63.: “Rebbi Yose and Rebbi Simeon prohibit to do so, for the wine bag might spring a leak and it may turn out retroactively that he drank ṭevel¹⁶³Ṭevel is untithed produce, whose consumption at times other than during the harvest is a deadly sin..” Does the Mishnah here not follow Rebbi Yose and Rebbi Simeon¹⁶⁴Since the Mishnah permits to tithe by relying on produce stored elsewhere, and which might have disappeared in the meantime.? Rebbi Ze‘ira said, there¹⁶⁵RR. Yose and Simeon may agree with the Mishnah here. In the case of Samaritan wine, it was known that the wine was not tithed, but here there is a presumption following the status quo ante that everything is in order. it was not in order from the start. But here it is not in order from now to the future.

For freshly pressed wine one can allow for up to forty days presuming that it is wine¹⁶⁶It is difficult to judge whether fermenting freshly pressed cider will turn out to be wine or vinegar. Since in most cases one obtains wine, the fermenting juice can be considered to be wine and if a vessel full of fermenting cider was set apart to serve as heave for the entire harvest, one may declare parts of it to be heave for successive batches up to 40 days.; Rebbi Jehudah says, up to a break point¹⁶⁷One of the three meteorologically dangerous dates listed by him in the Mishnah when wine is apt to turn into vinegar.. You find that there is a leniency and a restriction following Rebbi Jehudah, and a leniency and a restriction following the rabbis. ¹⁶⁸The following two sentences are garbled. One should read: A restriction following Rebbi Jehudah, if a break point arrived before forty days had passed, he cannot give heave, and a leniency if forty days passed without break point that he can give heave. A restriction following the rabbis, if forty days passed without break point that he cannot give heave, and a leniency, if a break point arrived before forty days had passed that he can give heave.
Since wine and vinegar are considered two different products for the purpose of heave, it is forbidden to give heave for wine from vinegar and vice-versa (MishnahTerumot 3:1). A leniency following Rebbi Jehudah, if a break point arrived before forty days had passed, and a restriction if forty days passed without break point that he cannot give heave. A leniency following the rabbis, if forty days passed without break point that he cannot give heave, and a restriction, if a break point arrived before forty days had passed that he cannot give heave. Rebbi Simon asked: If the fortieth day arrived and he did not check. He was lazy for two or three days, then he came and found it to be vinegar. Is it retroactively considered to be vinegar or only from there on to the future? What is the difference? If he had transgressed and given heave. If you say that retroactively it is considered to be vinegar, his heave is heave¹⁶⁹The previous paragraph shows that in this sentence one has to read: His heave is no heave. In the next sentence, one has to read: His heave is heave. The text already was corrected in editio princeps.. From there on to the future it is not heave. ¹⁷⁰From here to the end of the Halakhah there exists a parallel text in Baba Batra 6:1 (15b/c) edited differently. The first part also has a parallel in the Babli, Baba Batra 96a. If he had checked an amphora to continuously give heave from it¹⁷¹Since heave has to be given from the finished agricultural product, it is in order to set aside a small amphora of the first wine of the season to be used to provide heave for the entire harvest. From the moment the first small volume of wine is declared as heave, the entire contents of the amphora can be consumed only by a ritually pure Cohen. This does not alter the fact that most of the contents are still profane and can be used for future declarations of heave; cf. Note 151.. When he returned, he found it to be vinegar. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is wine, the last vinegar, and the middle ones are in doubt. Rebbi Abbahu said, I heard that from Rebbi Joshua ben Levi; Rebbi Joḥanan did not say so but the first three days it certainly is wine, after that it is in doubt¹⁷²In the Babli, R. Joḥanan’s opinion is supported by a baraita. There it is explained that they differ in the analysis of the process which turns wine into vinegar. This cannot be the background of the Yerushalmi since then the comparison to the status of the needle would be impossible.. Do they differ in the treatment of doubt? What Rebbi Joḥanan said refers to the case that he came and found it to be stale vinegar¹⁷³It was exposed to oxydation for a prolonged period after turning into vinegar.. What Rebbi Joshua ben Levi said refers to the case that he came and found it to be strong vinegar¹⁷⁴Turned into vinegar only recently.. Or their difference equals another difference, for what we have stated there¹⁷⁵Mishnah Tahorot 3:5. There, “pure” means “cannot be impure” and “impure” “can become impure”. The only items which can become impure are humans, food, vessels, and tools. An impure tool or vessel is purified when it becomes unusable.: “A rusty or broken needle is pure¹⁷⁶In this state it is not usable. It is stated in Tosephta Kelim Baba Meṣi‘a 3:10 that if it was impure, rusted and became pure, then was rubbed clean, it returned to its original impurity..” It was stated: He put it down smooth, then he came and found it rusty. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is impure, the last pure, and the middle ones are in doubt. Rebbi Abbahu said, that is what Rebbi Joshua ben Levi said; Rebbi Joḥanan did not say so but the first three days it certainly is impure, after that it is in doubt. Rebbi Ila, Rebbi Abba and Rebbi Eleazar in the name of all rabbis who are frequenting the House of Study: Concerning wine and needle practice follows Rebbi Joshua ben Levi¹⁷⁷In Baba Batra 6:1, practice is decided following R. Joshua ben Levi only in the case of the needle. The Babli Baba Batra 96a implies that practice follows R. Joḥanan in the case of the amphora (understood in this sense by Maimonides and R. Moses of Coucy.).

Rebbi Crispus asked: Does he check every year or only once every three years¹⁷⁸This question is asked only for R. Jehudah who identifies times dangerous for wine.? Let us hear from the following¹⁷⁹This belongs to trade rules, one of the topics of Baba Batra. If wine turns into vinegar before Tabernacles, usually in October, the buyer can declare the transaction as executed under false pretenses, return the wine, and request restitution of his money.: If somebody sells unspecified wine to another person, he has to warrant it until after Tabernacles. Rebbi Yudan¹⁸⁰This is the name in Baba Batra. There is no Amora called “R. Judah” without additional qualifier. said, explain it for those Galileans who harvest only after the beginning of Tabernacles¹⁸¹Since harvesting is forbidden on Tabernacles, they harvest overripe grapes to make sweet wine after the end of the holiday (for Tokay wine this is called Ausbruch). This wine has to be guaranteed until the next Tabernacles and automatically has to be checked at R. Jehudah’s three break points. and you cannot deduce anything. That which was said, “old from the preceding year, very old aged three years¹⁸²Mishnah Baba Batra 6:3. Wine sold as old is warranted to be aged at least a full 12 months.”, should we say because of the tasting? This means that any time it is declared old he has to warrant it for two years¹⁸³The year it was made and the next.. This means that very old [wine] has to be warranted until Tabernacles. This means that he has to check every year¹⁸⁴The seller who does not check all his wine after Tabernacles cannot sell his wine without risking to have to take it back. The entire paragraph only deals with money matters, not with heave since it is forbidden to give heave from one year’s produce for that of another year.. How does he check? May one check one amphora on which all others depend that they would not become vinegar? Rebbi Shammai said, there are people who knock on the barrel from the outside and know what is inside¹⁸⁵Vintners do not have to open the amphoras and taste; they learn how to check quickly and accurately; the rules of warranty do not require an undue amount of work..