Kommentar zu Demai 5:9

משל ישראל על של עובד כוכבים – this Tanna/teacher thinks that there is no acquisition for an idolater in the Land of Israel to release it from tithing and this is Rabbi Meir, but it is not Halakha for we hold that there is an acquisition for idolaters in the Land of Israel to release it from tithing, as it is written (Leviticus 25:23): “But the land must not be sold beyond reclaim, [for the Land is Me; you are but strangers resident Me].,” but if it is sold it is a final sale.

Introduction This mishnah deals with tithing produce bought from a Gentile or from a Samaritan, a group of Israelites that split off from the rest of Israel some time during either the first or second Temple period.

על של כותים – the produce of the Cutheans are definitely eatables forbidden pending the separation of sacred gifts (i.e., טבל) we sell them, for even though when we consume their produce it is tithed, when they sell it, it is not tithe because they are not concerned about (Leviticus 19:14): “or place a stumbling block before the blind.”

They may give tithes from produce from a Jew for produce [bought] from a Gentile, from produce [bought] from a Gentile for produce from a Jew, from produce [bought] from a Jew for produce [bought] from Samaritans, and from produce [bought] from Samaritans for produce [bought] from [other] Samaritans. Produce that a Gentile grows in the land of Israel is liable for the laws of tithing. The acquisition that the Gentile has on the land is not sufficient to make the produce exempt. Certainly Gentiles did not tithe their produce. Therefore, one who buys produce from a Gentile can use that produce to separate tithes from produce that was owned by a Jew and is known not to have been tithed. This is separating from certainly untithed produce for other certainly untithed produce, which is allowed. Similarly, one may separate tithes from untithed produce that comes from a Jew and thereby exempt the produce that he bought from a Gentile. Samaritans generally are thought by the rabbis to observe biblical law, but not to follow the instructions of the rabbis. According to our mishnah, Samaritans don’t tithe the food that they sell, although they may tithe food that they eat. Therefore, their food is certainly untithed and can be treated with the same rules with which we treated the Gentile’s food.

רבי אלעזר אוסר משל כותים על של כותים – for sometimes he tithes for himself and changes his mind and sells it, but lest one thing is tithe and the other is not, and it is found that he separates for tithes from that which is exempt for that which on which there is an obligation. And in our time, the Cutheans were made [by the Rabbis] like complete idolaters for all of their matters.

Rabbi Eliezer prohibits [tithing] from produce [bought] from Samaritans for produce [bought] from [other] Samaritans. According to Rabbi Eliezer, some few Samaritans do tithe what they are going to sell. Therefore, one cannot separate tithes from produce bought from one Samaritan for produce bought from another Samaritan, lest one of the Samaritans be from the majority that don’t tithe the produce they sell and the other be from the minority that does tithe that which they sell.