Talmud Yerushalmi
Yerushalmi Terumot 10:3 ירושלמי תרומות י׳:ג׳
Part of: Chapter 10
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: תִּלְתָּן שֶׁנָּפְלָה לִתוֹךְ הַבּוֹר שֶׁל מַיִם בִּתְרוּמָה וּבְמַעֲשֵׂר שֵׁנִי אִם יֵשׁ בְּזֶרָע כְּדֵי לִיתֵּן טַעַם אֲבָל לֹא בְעֵץ. וּבַשְּׁבִיעִית וּבְכִלְאֵי הַכֶּרֶם וְהֶקְדֵּשׁ אִם יֵשׁ בְּזֶרֵע וּבְעֵץ כְּדֵי לִיתֵּן טַעַם. מִי שֶׁהָיוּ לֹו חֲבִילֵי תִלְתָּן שֶׁל כִּלְאֵי הַכֶּרֶם יִדָּלֵקוּ. הָיוּ לוֹ חֲבִילֵי תִלְתָּן שֶׁל טֵבֵל כּוֹתֵשׁ וּמְחַשֵּׁב כַּמָּה זֶרַע יֵשׁ בָּהֶן וּמַפְרִישׁ אֶת הַזֶּרַע וְאֵינוֹ צָרִיךְ לְהַפְרִישׁ אֶת הָעֵץ. אִם הִפְרִישׁ לֹא יֹאמַר אֶכְתּוֹשׁ וְאֶטּוֹל אֶת הָעֵץ וְאֶתֵּן אֶת הַזֶּרַע אֶלָּא נוֹתֵן אֶת הָעֵץ עִם הַזֶּרַע.
MISHNAH: Fenugreek that fell into a water cistern, for heave and second tithe if the seeds are enough to impart taste, disregarding the wood48The wooden parts of fenugreek give less taste than the seeds but may be used as cheap substitute. Nevertheless, the wood is not subject to heave and tithes and cannot be counted in matters of heave and tithes.. But for the Sabbatical, kilaim in a vineyard, and dedicated seeds, if seeds and wood together impart taste49For these, all that can be used as spice must be counted and makes the water forbidden..
If somebody had bundles of fenugreek of kilaim from a vineyard, they should be burned. If he had bundles of fenugreek from ṭevel50The Yerushalmi holds (Notes 54–57) that, while the wood in itself is not subject to heave and tithes, bundles of fenugreek on the stalk are objects of trade. Therefore, the making of bundles is the end of the harvest and fenugreek is subject to heave and tithes in the hand of the farmer as soon as it was bundled for sale. The Mishnah speaks both of the Geat Heave and Heave of the Tithe.
For the Babli (Beẓah 13a), stalks of fenugreek are not subject to heave and tithes; the obligation of heave starts only after the separation of seeds from the stalks by threshing (“pounding” in the Mishnah.) Therefore, the situation of the Mishnah can happen only if no heave was given but the farmer irregularly gave First Tithe to the Levite before separating the seeds from the stalks. The tithe bundles in the hand of the Levite are now ṭevel for Heave of the Tithe; the Levite has to prepare them by pounding and then give the Cohen his due. But if he simply hands one bundle out of ten to the Cohen, it becomes heave and he may not go back on his word and try to take the stalks for himself., he pounds them and computes how much seed this contains and separates the seeds but not the wood. If he separated, he should not say I shall pound, take the wood, and give the seeds but he gives seeds with the wood.
MISHNAH: Fenugreek that fell into a water cistern, for heave and second tithe if the seeds are enough to impart taste, disregarding the wood48The wooden parts of fenugreek give less taste than the seeds but may be used as cheap substitute. Nevertheless, the wood is not subject to heave and tithes and cannot be counted in matters of heave and tithes.. But for the Sabbatical, kilaim in a vineyard, and dedicated seeds, if seeds and wood together impart taste49For these, all that can be used as spice must be counted and makes the water forbidden..
If somebody had bundles of fenugreek of kilaim from a vineyard, they should be burned. If he had bundles of fenugreek from ṭevel50The Yerushalmi holds (Notes 54–57) that, while the wood in itself is not subject to heave and tithes, bundles of fenugreek on the stalk are objects of trade. Therefore, the making of bundles is the end of the harvest and fenugreek is subject to heave and tithes in the hand of the farmer as soon as it was bundled for sale. The Mishnah speaks both of the Geat Heave and Heave of the Tithe.
For the Babli (Beẓah 13a), stalks of fenugreek are not subject to heave and tithes; the obligation of heave starts only after the separation of seeds from the stalks by threshing (“pounding” in the Mishnah.) Therefore, the situation of the Mishnah can happen only if no heave was given but the farmer irregularly gave First Tithe to the Levite before separating the seeds from the stalks. The tithe bundles in the hand of the Levite are now ṭevel for Heave of the Tithe; the Levite has to prepare them by pounding and then give the Cohen his due. But if he simply hands one bundle out of ten to the Cohen, it becomes heave and he may not go back on his word and try to take the stalks for himself., he pounds them and computes how much seed this contains and separates the seeds but not the wood. If he separated, he should not say I shall pound, take the wood, and give the seeds but he gives seeds with the wood.
הלכה: וְאֵין עֵץ פּוֹגֵם וְחוֹזֵר וּפוֹגֵם. מַתְנִיתִין כְּמָאן דְּאָמַר נוֹתֵן טַעַם לִפְגָם אָסוּר. וַאֲפִילוּ כְּמָאן דְּאָמַר נוֹתֵן טַעַם לִפְגָם מוּתָּר מוֹדֵי הוּא הָכָא שֶׁהוּא אָסוּר. לָמָּה כָּל דָּבָר שֶׁנָּפְלָה לְתוֹכוֹ תִּלְתָּן הוּא מַשְׁבִּיחַ.
HALAKHAH: Does not the wood spoil repeatedly? Our Mishnah follows him who says that anything that spoils is forbidden51If the action is to spoil, why should the water be forbidden at all?. But even according to him who says anything that spoils is permitted, he agrees here that it is forbidden. Why? Fenugreek improves anything into which it falls.
HALAKHAH: Does not the wood spoil repeatedly? Our Mishnah follows him who says that anything that spoils is forbidden51If the action is to spoil, why should the water be forbidden at all?. But even according to him who says anything that spoils is permitted, he agrees here that it is forbidden. Why? Fenugreek improves anything into which it falls.
וְכַמָּה הִיא חֲבִילָה עֶשְׂרִים וַחֲמִשָּׁה זֵירִין. אָמַר רִבִּי יוֹחָנָן וְאַרְבָּעָה מִינְהוֹן מִיטָּה.
How much is a bundle? 25 plants52In the technical sense, a “bundle of fenugreek” is only a bundle of at least 25 plants (cf. Mishnah Orlah 3:6). Also, a contract for delivery of bundles of fenugreek requires delivery of bundles of 25 each.. Rebbi Joḥanan said, four to a bed53If the expression חבילה is used for impurity of beds (Mishnah Kelim18:9), it means groups of four..
How much is a bundle? 25 plants52In the technical sense, a “bundle of fenugreek” is only a bundle of at least 25 plants (cf. Mishnah Orlah 3:6). Also, a contract for delivery of bundles of fenugreek requires delivery of bundles of 25 each.. Rebbi Joḥanan said, four to a bed53If the expression חבילה is used for impurity of beds (Mishnah Kelim18:9), it means groups of four..
מִילְתֵיהּ אָמְרָה עַד שֶׁהֵן בַּחֲבִילוֹת הֵן נִטְבָּלוֹת. מֵעַתָּה וַאֲפִילוּ שִׁבֳּלִים. אֵין מַכְנִיסָן לְכֵן. וַהֲלֹא חַבִּיוֹת מַכְנִסָן לְכֵן. אֵין גִּידּוּלֵיהֶן לְכֵן. וְאֵלּוּ מַכְנִסָן לְכֵן וְגִידּוּלֵיהֶן לְכֵן.
It54The Mishnah. implies that they become ṭevel in bundles55Without “threshing.”. Why not single ears? One never gathers for that. But may grains be gathered thus56Arabic حبّ “grain”. The commentators are at a loss to connect Hebrew חבית (Arabic خابية) “amphora” in this context.? One does not grow for that. But these57Bundles of 25 stalks of fenugreek., one gathers for this, one grows for this.
It54The Mishnah. implies that they become ṭevel in bundles55Without “threshing.”. Why not single ears? One never gathers for that. But may grains be gathered thus56Arabic حبّ “grain”. The commentators are at a loss to connect Hebrew חבית (Arabic خابية) “amphora” in this context.? One does not grow for that. But these57Bundles of 25 stalks of fenugreek., one gathers for this, one grows for this.