Yerushalmi Terumot 4:3 ירושלמי תרומות ד׳:ג׳

MISHNAH: The rate of heave¹⁸As rabbinic decrees; without a special declaration heave is not valid unless it complies with these guidelines.: A generous person one in forty, the House of Shammay say, one in thirty. Average, one in fifty, and stingy, one in sixty. If somebody gave heave and it turned out to be one in sixty, this is heave and he does not have to give more. When he added, [the addition] is subject to tithes¹⁹Since heave must be given by estimate, it may be that after the fact it turns out that the heave is less than what the giver intended. As long as a legal amount is given, this is heave and, as such, free from the obligation of tithes. The rest of the produce is now ṭevel for tithes. Therefore, if the owner adds to the heave, he adds produce subject to tithing.. If it turned out to be one in sixty-one, this is heave and he has to add in his usual way, by measure, weight, or count²⁰If one in 61 was taken as heave, the heave is 1/60 of the remainder and, therefore, marginally valid even though the a priori standard for the stingy is 1 in 60 from above. One should add to the heave. But since valid heave was given by estimate, the remainder may be measured, following the usual procedures for trading the particular produce.. Rebbi Jehudah says, even from what is not earmarked²¹Cf. Chapter 2, Note 6..

HALAKHAH: It is written (Ez. 45:13): “One sixth of an ephah from a ḥomer of wheat²²An ephah is one tenth of a ḥomer (Ez. 45:11), a sixth of an ephah is one sixtieth of a ḥomer. Verse 13 starts: “This is the heave you have to take.”, and you shall take sixths²³A verb formed from “six” whose meaning seems to be: taking parts of one-sixths. It is used in the Halakhah once in the meaning “take one sixth” and once as “take sixths”, i. e., “take two sixths;” cf. H. Guggenheimer, Seder Olam, (Northvale NJ, 1998), p. 6. from an ephah from a ḥomer of barley.” I could think he may give heave one thirtieth from wheat but one sixtieth from barley²⁴This is the reading of both mss.; R. Simson switches the places of “thirty” and “sixty”. This is required by the argument but it is not clear whether the change is based on a text or on emendation. If the verse speaks of “sixths” for barley, it would mean that the heave to be given is 2/60 = 1/30. The average of the heaves taken from wheat and barley is then 1/2(1/60+1/30) = 1/40.. The verse says (Ez. 44:30): “All heave,” that all heaves should be equal. Samuel says, add the sixth to the sixths, it turns out that he gives heave one in forty. “Average, one in fifty.” Rebbi Levi said, it is written (Num. 31:30): “From the half of the Children of Israel take one part in fifty.²⁵In the Tosephta (5:8), this is a statement of R. Yose (the Tanna); probably a Babylonian tradition.” All you take at another place shall be like this; just as this is one in fifty, so what you take at another place shall be like this. “And stingy, one in sixty,” as it is written: “And you shall take a sixth from an ephah from a ḥomer of barley²⁶Tosephta 5:8, where the entire verse from Ezechiel is quoted; the quote in the Yerushalmi misses a part, probably by scribal error in the Vorlage of both mss., induced by the two occurrences of חמר..”

“The House of Shammai say, [one] in thirty.” “One sixth of an ephah from a ḥomer of barley²⁴This is the reading of both mss.; R. Simson switches the places of “thirty” and “sixty”. This is required by the argument but it is not clear whether the change is based on a text or on emendation. If the verse speaks of “sixths” for barley, it would mean that the heave to be given is 2/60 = 1/30. The average of the heaves taken from wheat and barley is then 1/2(1/60+1/30) = 1/40..” Average, one in forty, following Samuel. Stingy, one in sixty²⁷It must read “one in fifty”, as confirmed by Tosephta 5:3 and the text at the end of the paragraph. R. Levi is the one quoted above, for the average giver following the House of Hillel. following Rebbi Levi. As²⁸A scribal error; it should read: Rebbi Levi bar Ḥina said, starting a new topic. Rebbi Levi bar Ḥina²⁹It seems that his name should be ר׳ לוי בר חיתה, an Amora and preacher of the fourth generation, student of R. Abba bar Ḥiyya bar Abba. said, he who takes out his tithes following the rules does not lose. What is the reason? (Ez. 45:11) “The ephah shall be one tenth of a ḥomer, its measure shall be from the ḥomer³⁰The verse is misquoted; it should read ועשׂירת החמר האיפה אל החמר יהיה מתכנתה. The plain meaning of the verse is that the ḥomer shall be the standard, the ephah being derived from it. It is difficult to understand why אל has been changed toמן ; the sermon seems to rely on the original reading of the verse: The ephah taken for heave and tithes is to the ḥomer, additional to the ḥomer because God will soon replace it for you..” For what do you need that? As we say, “if it turned out to be one in fifty³¹Scribal error; it must be “sixty” as in the Mishnah., this is heave and he does not have to give more;” so the House of Shammai say, if it turned out to be one in fifty, this is heave and he does not have to give more.

Rebbi Ḥanina bar Issi³²It seems that his name should be R. Ḥanina bar Sisai. said, Bar Qappara did not state so, but “if it turned out to between one in fifty and one in sixty, this is heave and he does not have to give more.³³He disagrees with the Tanna of the Mishnah and states that heave is legal only if it is > 1/60 of the harvest, not ≥ 1/60 as stated there.”

Rebbi Assi in the name of Rebbi Joḥanan: If he wanted to free his heap. But if he did not do it in order to free his heap, even one on one³⁴This refers to the Mishnah, if the heave was 1/60 and he added to his heave. If the intention was to give as an obligation, the intention is invalid since heave was already given. But if the intention was simply to give to the Cohen more in the sanctity of heave, this is valid since heave has no upper limit (except that one may not make one’s entire crop into heave) and he may even double the original heave..

Cahana said, “in his usual way³⁵Quote from the Mishnah, in case the heave given turns out to be <1/60 of the heap. Cahana reads the Mishnah as stating that the difference between the heave and 1/60 must be exactly measured and exactly given, R. Joḥanan thinks that the difference must be measured and heave given at least in the amount of difference, and R. Eleazar requires that all additional heave be given by measurement but never less than the difference to 1/60..” Rebbi Joḥanan said, even one for one. But did we not state, “in his usual way”? That he should not give less. Rebbi Eleazar said, in his usual way of measurement, but if he wants to add, even one for one.

Rebbi Jonah said, Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: What is the status of additional heave³⁶If the heave taken was < 1/60 and he is obligated to give more heave by rabbinic decree. Since there is no stated minimum for heave in biblical law, do the rabbis have the power to decree that the addition should be heave, free from tithes, or has the addition to be tithed?? He said to him, I am stating that as an isolated opinion³⁷The statement that additional heave is subject to tithes if the original heave was ≥ 1/60 is declared R. Jehudah’s.. Do you mean for obligation or for freeing? If you say for obligation, that is understandable³⁸If R. Jehudah requires tithing also if the original heave is < 1/60, we can understand it since the original gift was sufficient for biblical heave.. If you say for freeing, if even Rebbi Jehudah, who permits from the non-earmarked³⁹Since R. Jehudah permits to give heave from another place, he makes it clear that he does not consider the additional heave genuine. If, never theless, he frees the gift from tithes he must hold that the rabbis have the power to decree the gift to be heave. The rabbis, who do not permit taking the addition from non-earmarked produce, must consider the gift as genuine heave and the question should not even be asked., frees it, then the rabbis, who do not agree [to take] from the non-earmarked, certainly must so hold. Rebbi Yose, Rebbi Assi in the name of Rebbi Simeon ben Laqish came: The additional heave is subject to tithes. Rebbi Yose⁴⁰In the Rome ms., R. Assi. This might be the better reading. said, the Mishnah said so. Rebbi Zeïra said to Rebbi Assi, which Mishnah? He did not answer him. He said to him, maybe that which we stated: “If he gave heave and it turned out to be one in sixty-one⁴¹Since R. Yose uses the Hebrew משנה and not the Aramaic מתניתא, he must refer to our Mishnah, not to some baraita; cf. Note 20. One has to assume that Bar Qappara also will require tithing the addition if heave turned out to be exactly one in sixty. In this statement, we know only what happened if the original heave was exactly 1/60; the question of tithes < 1/60 still remains open., this is heave and he does not have to give more.” Did we not state on this: “If he added, it is subject to tithes”?

How far does a man free his ṭevel by the word of the Torah? Rebbi Jonathan instructed: One in a hundred like heave of the tithe. Rebbi Joḥanan asked him, from whom did you hear this? He said, from arguments of the colleagues I understood this, although Rebbi Yannai said, even one in a thousand. Rebbi Mana said, there is no measure⁴³This is the Babylonian opinion, articulatd by the first generation Amora Samuel: “One grain frees an entire heap” (Ḥulin 137b). It follows that in the time of RR. Jonathan and Yannai, heave was still eaten by Cohanim but in the time of R. Mana all heave was impure and had to be burned. since it is written (Deut. 18:4): “The first of your grain, cider, and oil;” any amount.