Ein Chaver und ein Am HaAretz [einer, der die Reinheitsgesetze nicht einhält ], die von ihrem Am HaAretz- Vater geerbt haben : Er [der Chaver ] kann zu ihm sagen: "Du nimmst den Weizen aus diesem und jenem Gebiet und ich den Weizen aus dem einen oder anderen Gebiet, du der Wein aus dem einen oder anderen Gebiet und ich der Wein aus dem einen und anderen Gebiet. " Er darf ihm jedoch nicht sagen: "Du nimmst den Weizen und ich die Gerste, du nimmst den frischen und ich nehme den getrockneten."
Bartenura on Mishnah Demai
חבר – who is trustworthy in ritual purity and one does not have to say for tithes [as well].
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English Explanation of Mishnah Demai
Introduction
In this mishnah two brothers inherit property from their father. The father was an am haaretz, meaning he did not tithe, nor did he preserve the purity of his produce. One of the brothers is a “chaver” one who tithes and is cautious about the laws of property, while the other is an am haaretz, as was his father. Our mishnah instructs them in how they can split the inheritance. The situation is similar to that in yesterday’s mishnah, with regard to the issue of tithes. The added issue here is the matter of purity.
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Bartenura on Mishnah Demai
שירשו את אביהן עם הארץ – and the produce that he placed down were doubtfully tithed and with the presumption of being ritual impure.
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English Explanation of Mishnah Demai
A chaver (rabbinic and an am haaretz who inherited [the property of] their father who was an am haaretz, he (the may say to him (the am: “You take the wheat which is in this place and I will take the wheat which is in that place.” Or, “You take the wine which is in this place and I will take the wine which is in that place.” This is the same exact rule that we found in yesterday’s mishnah. The two can split the produce of the field and we look at it as if each side is getting the portion of the field that he actually inherited. It is not as if the chaver is giving produce to his am haaretz brother.
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Bartenura on Mishnah Demai
טול אתה בלח – that are susceptible to receive ritual impurity and I [will take] the dry that has not become susceptible to receive ritual impurity, because it is forbidden for a person who is a member of the order for the observance of the Levitical laws in daily intercourse (i.e., a חבר), to sell to an עם הארץ – a person who does not observe certain religious customs regarding tithes and Levitical cleanness something moist and dry as is taught above in Chapter 2 [Mishnah 3].
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English Explanation of Mishnah Demai
But he may not say to him: “You take the wheat and I will take the barley,” or, “You take the wine and I will take the oil,” or: “You take the moist produce and I will take the dry produce.” In this case, as in yesterday’s mishnah, since everyone inherited both wheat and barley, he can’t swap one type of grain for another. This type of agreement is treated as if the chaver is giving his portion to his am haaretz brother and it is forbidden to give untithed produce to an am haaretz, because it is known that he will not tithe. We furthermore learn here that swapping the moist produce, produce which has already become susceptible to impurities and is probably impure, with the dry produce which could not have become impure is impossible, because this is considered to be like swapping one species of grain for another. In other words, dry grain and wet grain are treated the same way as are wheat and barley.
