Yerushalmi Terumot 11:4 ירושלמי תרומות י״א:ד׳

MISHNAH: The seeds of heave, as long as they are collected⁷³As food., are forbidden but if they are thrown away they are permitted. And so bones of sacrifices, as long as they are collected⁷³As food., are forbidden but if they are thrown away they are permitted. Coarse bran is permitted; fine bran of new grain is forbidden, of old it is permitted. One treats heave as one treats profane food⁷⁴An example is given in the next sentence.. If one makes fine flour, one or two qab from a seah, he should not throw away the remainder but put it down in a hidden place⁷⁵Since the remainder is coarse flour, it is food for somebody else and may not be thrown away..
If someone removed heave wheat from a chest, one does not oblige him to sit down and pick out the last grains but he sweeps it as usual and then fills it with profane grain⁸⁹Most Mishnah mss. read לתוכה חולין, but the text of the Leyden mss. and Venice print is supported by some of the best ms. evidence, the Mishnah edited by Low, the Munich ms. of the Babli, and the Parma ms. of the Mishnah. The text does not mean that the grains collected in sweeping the storage bin can be added to profane grain..
Similarly, if someone empties an amphora of oil, one does not oblige him to sit down and clean it with his fingers but he treats it as he treats profane vessels.
If one pours from pitcher to pitcher one lets drip three drops and then may fill it with profane [wine]⁹⁰If one empties a pitcher of heave oil or wine, one holds it until at the end three distinct drops have fallen out. Then one may assume that the pitcher is empty. But if instead of refilling the pitcher with profane fluid one lets it lie on its side, then any fluid that accumulates is heave.. If he turned it and it accumulated, that is heave. How much should heave of the tithe of demay⁹¹The only gift to the Cohen from demay; cf. Demay, Introduction. be that he is required to deliver it to a Cohen? An eighth of an eighth⁹²1/64 of a log, or about 8.33 cm³. Less than this amount he burns or leaves for a Cohen to pick it up himself..

HALAKHAH: Rebbi Joḥanan, the Mishnah deals with seeds of pears and paradise pears⁷⁶Greek χρυστουμῖνος, Latin crustuminus “Crustumerian pear”; cf. Kilaim Chapter 1, Note 73. Their seeds are eaten with the fruits.. Rebbi Eleazar said, you can even say the pit of unripe dates if they have not been sucked⁷⁷If these are separated from the dates, some fruit flesh will cling to the pits. This will have to be eaten before the pit loses its sanctity.. But did we not state, “and so bones of sacrifices;” can you say if they have not been sucked⁷⁸If the bones contain marrow, they may not be discarded. If they contain no marrow and are clean, nothing can be taken from them.? No, about cartilage⁷⁹Which is edible. in wings. Rebbi Abbahu came in the name of Rebbi Joḥanan: The Mishnah speaks of cartilage in wings.

“These are the new ones, all the time people regularly mash them. Rebbi Aḥa said, up to thirty days.⁸⁰Tosephta 10:4. This refers to the Mishnah stating that new fine bran is forbidden to laymen. The Tanna R. Aḥa (Aḥai) mentioned here is one of the students of R. Aqiba.”

Rebbi Abbahu in the name of Rebbi Joḥanan: That is its measure⁸¹One or two qab of fine flour per seah of wheat grain.. But did we not state⁸²Sifra Emor Pereq 4:11, on the verse Lev. 22:7: “For it is his food.” This is interpreted that the Cohen may treat heave as he would treat profane food. If he eats profane bread only from the whitest flour and vegetables only if they are free from all blemishes, he does not have to lower his standards for heave.: “One produces fine flour from wheat as he wants it, he cleans vegetables⁸³The Cohen may remove the outer leaves of heave vegetables and eat only the perfect ones. as he wants it.” Rebbi Abbahu in the name of Rebbi Joḥanan: When he reduces it to its heave⁸⁴While the standard is 1 qab per seah, i. e., a yield of 16.67%, a very selective Cohen will be able to refine it to a yield of only 10%, corresponding to heave of the tithe.. Rebbi Jeremiah in the name of Rebbi Ila: Here in years of famine⁸⁵The standard of the Mishnah has to be followed in years of famine; any refinement is possible in a year of plenty., there in years of plenty.

There⁸⁶Mishnah Idiut 3:3, Tosephta 10:2., we have stated: “The center parts of water melon and what is cleaned from vegetables of heave, Rebbi Dosa permits to laymen but the Sages forbid.” Rebbi Abbahu in the name of Rebbi Joḥanan: They taught that only for what is cleaned from vegetables of gardeners⁸⁷Since they clean large quantities of vegetables for the market, they will find a use for the leaves taken off. If they are of heave, they do not lose their status. But in private households, the cleanings of vegetables are garbage and garbage of heave is profane (R. Abraham ben David, Commentary to Sifra Šemini Pereq 4:2.). But for what is cleaned from vegetables of private people, even the rabbis will agree. Rebbi Abun asked: Is it not reasonable that this refers only to the Great Heave, but for heave of the tithe⁸⁸Which has to be exactly 10%. Therefore, the leaves to be discarded never were sanctified as heave and the Sages agree with R. Dosa in that case. torn-off leaves do not count for leaves, neither do torn-off stems for stems?

There⁹³Baba Batra 5:9. If somebody buys wine or oil and the grocer filled a measuring pitcher, he has to empty his pitcher into the buyer’s vessel until three separate drops fall out at the end., we have stated: “If he turned it and it accumulated, that belongs to the seller.” Rebbi Joḥanan said, there is no “belongs to the seller” but “belongs to the buyer”, as you say here⁹⁴Since what would accumulate is heave.. Rebbi Isaac bar Eleazar said, it is because of abandonment⁹⁵Since the buyer does not expect more than what he had when three drops fell out, the remainder that could be picked up after waiting several hours is not part of the sale contract and belongs to the seller. In the Babli, Baba Batra 87b, this argument is credited to R. Abbahu.. Is it the same for consecrated food? Rebbi Abbahu came in the name of Rebbi Joḥanan: It is the same for consecrated food⁹⁶Oil and wine for sacrifices have to be poured out until three separate drops fall out..

Rebbi Hoshaia said, this was taught only for consecrated food which can be permitted⁹⁷Consecrated foods which can be permitted are those which must be eaten by Cohanim after certain actions have been taken. In general, a flour offering must be eaten by Cohanim after a handful of the offering and its incense have been burned on the altar. Between dedication and burning, the flour and its accompanying oil are forbidden for everybody. However, the flour offering of a Cohen must be completely burned on the altar; it is consecrated food which never can be permitted. Also, wine offerings are poured completely on the altar; they never can be permitted.. But of consecrated food which cannot be permitted one has to give back even the most minute amount. Rebbi Abun bar Ḥiyya asked: That log of oil of the leper, must he give it back or not⁹⁸The person healed from ẓara‘at(commonly translated as “leprosy”) has to bring a sacrifice including one log of oil (Lev. 14:10,21). No instructions are given in the text what to do with the oil left over after the conclusion of the purification ceremony. “Giving back” means waiting until all remaining oil has collected at the bottom of the flask and then emptying it.? If you say he must give it back, and he did not, he transgresses by default. If you say he need not give it back, and he did, he transgresses by excess⁹⁹In both cases it will not be an exact log if the rules are not followed. Rebbi Ḥinena did not say so¹⁰⁰For him it is not an unresolved question but a straightforward conclusion., but Rebbi Hoshaia said, this was taught only for consecrated food which can be permitted. But of consecrated food which cannot be permitted one has to give back even the most minute amount. That log of oil of the leper belongs to those [consecrated foods] which can be permitted and you say he must give it back? That means, he must give back and if he did not, he transgresses by default.

Rebbi Ḥalaphta ben Shaul stated: A pot¹⁰¹A clay pot. In general, one deduces from Lev. 6:21 that clay vessels cannot be cleansed from impurities. in which heave was cooked¹⁰²In order to use the same pot for profane food available to Non-Cohanim, the remains of heave which entered the porous walls have to be removed. is cleansed three times with boiling water and that is enough. Rebbi Abba said, one does not learn from this for carcass meat¹⁰³A clay pot in which non-kosher meat was cooked cannot be rehabilitated to be used for kosher food.. Rebbi Yose said, I objected before Rebbi Abba: Heave implies a deadly sin, carcass meat is a simple prohibition, and you say so? He said to me, it follows him who says, they accepted tithes voluntarily¹⁰⁴R. Eleazar in Ševi‘it Chapter 6, Notes 11–13. It is the operative opinion of the Yerushalmi that the duties upon the Land have rabbinic character only as long as the entire Jewish people do not live in the Land and the land distribution of Joshua has not been reestablished. Therefore, eating carcass meat which is a biblical prohibition is a much more severe sin than unauthorized use of rabbinic heave..

Rebbi Justus bar Shunem asked before Rebbi Mana: We have stated: “If he turned it and it accumulated, that is heave,” and here you say so? He said to him, here through the fire it becomes inedible and disappears¹⁰⁵Repeated heating of boiling water will not only destroy the remaining heave as food, when it loses its sancity, but also remove it. This cannot be compared to the Mishnah where the heave oil accumulates in the cold vessel..

“¹⁰⁷Tosephta 10:12, Babli Baba Batra 97a. Each of the three texts represents a different tradition. Yeast of heave, the first and second are forbidden, the third is permitted. When has this been said? If he added water. But if he did not add water, even the third is forbidden¹⁰⁸It is difficult to understand what “first, second, third” means if no fresh water was added to the wine barrel. The reference is to afterwine obtained by pouring water over the pomace remaining in the vat after the wine was drained. It is assumed that the volume of afterwine obtained does not exceed the volume of water put in; in that case the afterwine is presumed not to contain any heave wine and the prohibition of the first and second afterwines is only rabbinical. Yeast of second tithe, the first is forbidden but the second permitted. Rebbi Meïr said, the second by imparting taste¹⁰⁹The second afterwine transmits the holiness of second tithe as long as it can be tasted in a mixture; cf. Halakhah 2..” Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, the consecrated is like the accumulated¹¹⁰All after wine made from grapes that are intrinsically sacred (in that they belong to the altar and cannot be redeemed) remains sacred in any amount. There is no other source indicating that afterwine was ever made from intrinsically sacred grapes..

“¹¹²Tosephta Ṭahorot 5:4 and Babli Zebaḥim 79b: The clay pot of the sufferer from gonorrhoea, the first and second rinses are impure but the third is pure. When has this been said? If he did put water in it, but if he did not put water in it, even the tenth is impure. Rebbi Eliezer ben Jacob said, even if no water was put in (but other, not impure people, used it), the third is pure.
It is clear that the Yerushalmi tradition cannot be reconciled with the Tosephta-Babli tradition. The concurrence of the mss. shows that the tradition is original. The Yerushalmi holds that water in a clay chamberpot becomes impure with the original impurity of the urine of a sufferer from gonorrhoea (Lev. 15); hence, presence or absence of remainders of the urine in the walls of the chamberpot becomes irrelevant. The clay pot of the sufferer from discharge, the first is impure but the second pure. When has this been said? If he did not put water in it, but if he put water in it even the tenth is impure.”

¹¹³This paragraph deals with the amounts of heave of the tithe of demay to be delivered to the Cohen. Rebbi Yudan, the son of Rebbi Yose ben Ḥanina’s sister, in the name of Rebbi Yose ben Ḥanina: Less than that he puts in his fire¹¹⁴This sentence also is in Tosephta 10:6, which more or less parallels the statement attributed to R. Jehudah in this paragraph.. Rebbi Yannai in the name of Rebbi Jehudah: “Solid food corresponding to a cooked easy egg¹¹⁵“Easy egg”, mentioned in Mishnah Šabbat 8:5, is defined in the Babli (Šabbat 80b) as a chicken egg, reputed to be quickest to be cooked among all kosher eggs.. That means that the volume of an egg¹¹⁶Even a small chicken egg has a volume of at least 3.5 times 1/64 log ≈29 cm³. is valid in impurity, but pure the minutest amount must be delivered. If it is demay; but if it is certain it must be delivered impure or pure, much or little.”