Kommentar zu Demai 5:10
עָצִיץ נָקוּב, הֲרֵי זֶה כָּאָרֶץ. תָּרַם מֵהָאָרֶץ עַל עָצִיץ נָקוּב, מֵעָצִיץ נָקוּב עַל הָאָרֶץ, תְּרוּמָתוֹ תְּרוּמָה. מִשֶּׁאֵינוֹ נָקוּב עַל הַנָּקוּב, תְּרוּמָה, וְיַחֲזֹר וְיִתְרֹם. מִן הַנָּקוּב עַל שֶׁאֵינוֹ נָקוּב, תְּרוּמָה, וְלֹא תֵאָכֵל עַד שֶׁיּוֹצִיא עָלֶיהָ תְּרוּמוֹת וּמַעַשְׂרוֹת:
Ein perforierter Topf ist wie Land. [Wenn man] Terumah von [auf der Erde angebauten] Produkten für [in] einem perforierten Topf angebauten Produkten oder von einem perforierten Topf für die Erde nahm, ist seine Terumah [gültige] Terumah . Von einem nicht perforierten Topf für einen perforierten Topf [dies wird mit den Stringenzen einer gültigen] Terumah behandelt [aber] muss man zurückkehren und die Terumah [auf eine gültige Weise] zurückerobern . Aus einem perforierten Topf für einen nicht perforierten Topf ist [gültig] Terumah und kann nicht gegessen werden, bis Terumot und Ma'asrot dafür entfernt wurden.
Bartenura on Mishnah Demai
עציץ נקוב – a utensil that they put into it dust and sow it, if it is perforated in order that a small root which is less than the volume of an olive exists, it is like the land and its produce are completely eatables forbidden pending the separation of priestly gifts according to the Torah.
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English Explanation of Mishnah Demai
Introduction This mishnah deals with giving terumah and tithes for produce grown in two different kinds of pots: perforated and non-perforated. The question is: is the pot considered to be like land?
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Bartenura on Mishnah Demai
תרם מן הארץ – even ab initio also, he is able to separate the priestly gifts, but because of the concluding clause [of the Mishnah] it took the language of “post-facto.”
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English Explanation of Mishnah Demai
A perforated pot is considered like land. A plant that grows in a perforated pot is considered as if it grew directly from the land. Since the pot is resting on land and through the hole in its bottom the plant can send its roots out to the ground, it is considered as land. The halakhic consequence of this is that the produce that grows in it is obligated from the Torah for terumah and tithes. In contrast, one is only obligated “derabbanan (from rabbinic law)” to separate terumah and tithes from produce grown in a non-perforated pot. This principle guides the following three clauses.
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Bartenura on Mishnah Demai
תרומה ויחזור ויתרום – for he [separated tithes] from that which is exempt on that which is obligatory, therefore, he should go back and separate the priestly dues again, but nevertheless, because he designated its name as “heave-offering,” he gives it to the Kohen so that people aren’t induced to disregard the heave-offering. But he does not have to remove from it heave-offering and tithes like in the concluding clause [of the Mishnah] because according to the Torah it is not an eatable that is forbidden pending the separation of priestly gifts, but from the perforated [pot] on that which is not perforated, that is what is obligated to separate the heave-offering on that which is exempt [from it], it is according to the Torah, eatables that are forbidden pending the separation of priestly gifts, therefore, he should not consume it until he removes the heave-offering and tithes (see also Tractate Yevamot 89b – “that he should remove heave offering and tithes from another place”).
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English Explanation of Mishnah Demai
If one gave terumah from [produce grown in] the soil for [produce grown in] a perforated pot, or from [produce grown in] a perforated pot for [produce grown in] the soil, his terumah is terumah. Since plants grown in perforated pots are treated as if they grew directly from the land, if one gave terumah for something that grows in such a pot in order to exempt other produce that grows directly from the land or vice versa, that which he separates is terumah. This is effective means to exempt the produce from being liable for terumah. In other words, this is perfectly fine.
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English Explanation of Mishnah Demai
[If he gave terumah] from [produce grown in] a pot that was not perforated for [produce grown in] a pot that was perforated, [it is] terumah, but he must go back and give terumah again. In this case he gave terumah from a non-perforated pot (only liable for terumah from rabbinic law) for produce grown in a pot that was perforated (liable from toraitic law). The produce that he called “terumah” is terumah because once someone calls something terumah it generally cannot go back to being non-sacred produce. However, he has not yet successfully separated tithes from the produce that grew from the perforated pot. Before he eats this produce, he must go back and separate terumah again.
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English Explanation of Mishnah Demai
[If he gave terumah] from [produce grown in] a perforated pot for [produce grown in] a pot which was not perforated, [it is] terumah, but it may not be eaten until he first gives terumah and tithes for it. This is the opposite scenario he separates terumah from a perforated pot for produce from a non-perforated pot. Again, that which he calls “terumah” is terumah. However, this terumah cannot be eaten until tithes and terumah have been separated for it. The reason is that this terumah was taken from something liable in order to exempt something not liable (the non-perforated pot) and not to exempt that which was in the perforated pot. That which he calls terumah is therefore, technically still untithed produce (tevel), which no one, including priests, can eat until terumah and tithes have been separated.
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