Talmud zu Maaser Sheni 5:19

MISHNAH: [Grapes from] a fourth-year vineyard have to be brought to Jerusalem from a distance up to a day’s march. What is this? Eilat from the South³⁸An unknown place somewhere South of Hebron. One has to assume that the distance between Jerusalem and Eilat was approximately the same as the distance between Jerusalem and Aqrabeh, SE of Nablus., Aqrabeh from the North, Lydda from the West, the Jordan from the East. When the fruits increased³⁹And ruined the trade in fruits on the markets in Jerusalem. they decreed that they might be redeemed [even] close to the city wall. There was a condition made that anytime they decided, they could return to the previous situation⁴⁰Usually a rule imposed by a rabbinic assembly could be nullified or amended only by an assembly more prestigious than the first. This rule is explicitly waved in the present case.. Rebbi Yose says, this condition was introduced when the Temple was destroyed, viz., that one would return to the previous situation if the Temple would be rebuilt soon, in our days⁴¹For R. Yose, no exemption for a future rabbinical assembly is created; the original assembly already fixed the terms for the disestablishment of the rule..
⁶¹The entire Halakhah is from Peah 7:6; explained there in Notes 99–145. A fourth-year vineyard, the House of Shammai say, is not subject to a fifth and is not subject to removal; but the House of Hillel say, it is. The House of Shammai say, it is subject to single berries and gleanings and the poor redeem for themselves, but the House of Hillel say, all goes to the winepress.

MISHNAH: [Grapes from] a fourth-year vineyard have to be brought to Jerusalem from a distance up to a day’s march. What is this? Eilat from the South³⁸An unknown place somewhere South of Hebron. One has to assume that the distance between Jerusalem and Eilat was approximately the same as the distance between Jerusalem and Aqrabeh, SE of Nablus., Aqrabeh from the North, Lydda from the West, the Jordan from the East. When the fruits increased³⁹And ruined the trade in fruits on the markets in Jerusalem. they decreed that they might be redeemed [even] close to the city wall. There was a condition made that anytime they decided, they could return to the previous situation⁴⁰Usually a rule imposed by a rabbinic assembly could be nullified or amended only by an assembly more prestigious than the first. This rule is explicitly waved in the present case.. Rebbi Yose says, this condition was introduced when the Temple was destroyed, viz., that one would return to the previous situation if the Temple would be rebuilt soon, in our days⁴¹For R. Yose, no exemption for a future rabbinical assembly is created; the original assembly already fixed the terms for the disestablishment of the rule..
⁶¹The entire Halakhah is from Peah 7:6; explained there in Notes 99–145. A fourth-year vineyard, the House of Shammai say, is not subject to a fifth and is not subject to removal; but the House of Hillel say, it is. The House of Shammai say, it is subject to single berries and gleanings and the poor redeem for themselves, but the House of Hillel say, all goes to the winepress.

MISHNAH: How does one redeem a fourth-year orchard? He puts a tetradrachma⁶³Most Mishnah mss. read הסל “the basket” but in addition to the Leyden ms. the reading here is in a ms. of the Babli and in a Mishnah ms. from the Geniza. Therefore, it does not seem permissible to treat the reading here as a scribal error. before three [experts] and asks, how much does a person redeem for himself for a tetradrachma when all expense⁶⁴The entire expense for growing this year’s yield. is on him? Then he puts down the money and says, all that is collected under this is exchanged for this money; so and so many baskets per tetradrachma.
In a Sabbatical, he redeems its full value⁶⁵Since there is no agricultural work, no costs accrue that could be deducted.. If all of it was abandoned⁶⁶In a non-Sabbatical year, the amount invested before it was abandoned is not deductible by the person who acquires the ownerless property; he may only deduct his own expenses of harvesting., he has only the cost of harvesting. He who redeems a fourth-year orchard adds its fifth whether it was his or was given to him as a gift⁶⁷Following the House of Hillel, Mishnah 3. If it was given as a gift it becomes the recipient’s property only if delivered before the time of heave and tithes since later the yield is Heaven’s property..
The removal⁷⁰The removal is the same as for Sabbatical produce (Ševi‘it 9:8); no produce may remain in the hands of the owner. {Maimonides holds that the leftovers have to be burned.} was on the day before the first⁷¹This is the reading of both Yerushalmi mss. and a majority of the Mishnah mss. However, the Cambridge ms. of the Galilean Mishnah as well as the Maimonides autograph read “last” day; and this reading is necessary in Halakhah 7. In Sifry Deut. 302, the mss. are divided about evenly between “first” and “last”. One might speculate that the reading “first” is derived from some mss. in which יום טוב אחרון was abbreviated to י״ט א׳ which was read as י״ט אחד (ראשוֹן). day of Passover in the fourth and the seventh year [of the Sabbatical cycle.] What is the removal? One gives heave and heave of the tithe to its recipients⁷²The Cohanim., First Tithe to its recipients⁷³The Levites., tithe of the poor to its recipients. Second Tithe and First Fruits are removed on the spot⁷⁴Outside of Jerusalem, they cannot be eaten. If anything is left, it must be destroyed. This rule shows that in Jerusalem one needs the entire holiday of Passover to dispose of Second Tithe.. Rebbi Simeon says, first fruits one gives to the Cohanim like heave. A cooked dish the House of Shammai say one has to remove, but the House of Hillel say it is as if removed⁷⁵This sentence seems to have been part of the next Mishnah since it is discussed at the beginning of Halakhah 6..
He who had produce¹⁰⁹Of Second Tithe. Since there is no Temple, the tithe cannot be eaten in Jerusalem. The House of Shammai hold that Deut. 14:25 requires that any tithe produce which cannot be eaten in purity in the holy precinct has to be exchanged for money. Since that money cannot be used it must be destroyed or safely buried. The House of Hillel, the authors of Mishnah 1:5, hold that either the coins must be destroyed or the produce left to rot. in this time and the year of removal came, the House of Shammai say he has to exchange it for money; the House of Hillel say, either money or produce.

MISHNAH: How does one redeem a fourth-year orchard? He puts a tetradrachma⁶³Most Mishnah mss. read הסל “the basket” but in addition to the Leyden ms. the reading here is in a ms. of the Babli and in a Mishnah ms. from the Geniza. Therefore, it does not seem permissible to treat the reading here as a scribal error. before three [experts] and asks, how much does a person redeem for himself for a tetradrachma when all expense⁶⁴The entire expense for growing this year’s yield. is on him? Then he puts down the money and says, all that is collected under this is exchanged for this money; so and so many baskets per tetradrachma.
In a Sabbatical, he redeems its full value⁶⁵Since there is no agricultural work, no costs accrue that could be deducted.. If all of it was abandoned⁶⁶In a non-Sabbatical year, the amount invested before it was abandoned is not deductible by the person who acquires the ownerless property; he may only deduct his own expenses of harvesting., he has only the cost of harvesting. He who redeems a fourth-year orchard adds its fifth whether it was his or was given to him as a gift⁶⁷Following the House of Hillel, Mishnah 3. If it was given as a gift it becomes the recipient’s property only if delivered before the time of heave and tithes since later the yield is Heaven’s property..
The removal⁷⁰The removal is the same as for Sabbatical produce (Ševi‘it 9:8); no produce may remain in the hands of the owner. {Maimonides holds that the leftovers have to be burned.} was on the day before the first⁷¹This is the reading of both Yerushalmi mss. and a majority of the Mishnah mss. However, the Cambridge ms. of the Galilean Mishnah as well as the Maimonides autograph read “last” day; and this reading is necessary in Halakhah 7. In Sifry Deut. 302, the mss. are divided about evenly between “first” and “last”. One might speculate that the reading “first” is derived from some mss. in which יום טוב אחרון was abbreviated to י״ט א׳ which was read as י״ט אחד (ראשוֹן). day of Passover in the fourth and the seventh year [of the Sabbatical cycle.] What is the removal? One gives heave and heave of the tithe to its recipients⁷²The Cohanim., First Tithe to its recipients⁷³The Levites., tithe of the poor to its recipients. Second Tithe and First Fruits are removed on the spot⁷⁴Outside of Jerusalem, they cannot be eaten. If anything is left, it must be destroyed. This rule shows that in Jerusalem one needs the entire holiday of Passover to dispose of Second Tithe.. Rebbi Simeon says, first fruits one gives to the Cohanim like heave. A cooked dish the House of Shammai say one has to remove, but the House of Hillel say it is as if removed⁷⁵This sentence seems to have been part of the next Mishnah since it is discussed at the beginning of Halakhah 6..
He who had produce¹⁰⁹Of Second Tithe. Since there is no Temple, the tithe cannot be eaten in Jerusalem. The House of Shammai hold that Deut. 14:25 requires that any tithe produce which cannot be eaten in purity in the holy precinct has to be exchanged for money. Since that money cannot be used it must be destroyed or safely buried. The House of Hillel, the authors of Mishnah 1:5, hold that either the coins must be destroyed or the produce left to rot. in this time and the year of removal came, the House of Shammai say he has to exchange it for money; the House of Hillel say, either money or produce.

MISHNAH: How does one redeem a fourth-year orchard? He puts a tetradrachma⁶³Most Mishnah mss. read הסל “the basket” but in addition to the Leyden ms. the reading here is in a ms. of the Babli and in a Mishnah ms. from the Geniza. Therefore, it does not seem permissible to treat the reading here as a scribal error. before three [experts] and asks, how much does a person redeem for himself for a tetradrachma when all expense⁶⁴The entire expense for growing this year’s yield. is on him? Then he puts down the money and says, all that is collected under this is exchanged for this money; so and so many baskets per tetradrachma.
In a Sabbatical, he redeems its full value⁶⁵Since there is no agricultural work, no costs accrue that could be deducted.. If all of it was abandoned⁶⁶In a non-Sabbatical year, the amount invested before it was abandoned is not deductible by the person who acquires the ownerless property; he may only deduct his own expenses of harvesting., he has only the cost of harvesting. He who redeems a fourth-year orchard adds its fifth whether it was his or was given to him as a gift⁶⁷Following the House of Hillel, Mishnah 3. If it was given as a gift it becomes the recipient’s property only if delivered before the time of heave and tithes since later the yield is Heaven’s property..
The removal⁷⁰The removal is the same as for Sabbatical produce (Ševi‘it 9:8); no produce may remain in the hands of the owner. {Maimonides holds that the leftovers have to be burned.} was on the day before the first⁷¹This is the reading of both Yerushalmi mss. and a majority of the Mishnah mss. However, the Cambridge ms. of the Galilean Mishnah as well as the Maimonides autograph read “last” day; and this reading is necessary in Halakhah 7. In Sifry Deut. 302, the mss. are divided about evenly between “first” and “last”. One might speculate that the reading “first” is derived from some mss. in which יום טוב אחרון was abbreviated to י״ט א׳ which was read as י״ט אחד (ראשוֹן). day of Passover in the fourth and the seventh year [of the Sabbatical cycle.] What is the removal? One gives heave and heave of the tithe to its recipients⁷²The Cohanim., First Tithe to its recipients⁷³The Levites., tithe of the poor to its recipients. Second Tithe and First Fruits are removed on the spot⁷⁴Outside of Jerusalem, they cannot be eaten. If anything is left, it must be destroyed. This rule shows that in Jerusalem one needs the entire holiday of Passover to dispose of Second Tithe.. Rebbi Simeon says, first fruits one gives to the Cohanim like heave. A cooked dish the House of Shammai say one has to remove, but the House of Hillel say it is as if removed⁷⁵This sentence seems to have been part of the next Mishnah since it is discussed at the beginning of Halakhah 6..
He who had produce¹⁰⁹Of Second Tithe. Since there is no Temple, the tithe cannot be eaten in Jerusalem. The House of Shammai hold that Deut. 14:25 requires that any tithe produce which cannot be eaten in purity in the holy precinct has to be exchanged for money. Since that money cannot be used it must be destroyed or safely buried. The House of Hillel, the authors of Mishnah 1:5, hold that either the coins must be destroyed or the produce left to rot. in this time and the year of removal came, the House of Shammai say he has to exchange it for money; the House of Hillel say, either money or produce.

MISHNAH: How does one redeem a fourth-year orchard? He puts a tetradrachma⁶³Most Mishnah mss. read הסל “the basket” but in addition to the Leyden ms. the reading here is in a ms. of the Babli and in a Mishnah ms. from the Geniza. Therefore, it does not seem permissible to treat the reading here as a scribal error. before three [experts] and asks, how much does a person redeem for himself for a tetradrachma when all expense⁶⁴The entire expense for growing this year’s yield. is on him? Then he puts down the money and says, all that is collected under this is exchanged for this money; so and so many baskets per tetradrachma.
In a Sabbatical, he redeems its full value⁶⁵Since there is no agricultural work, no costs accrue that could be deducted.. If all of it was abandoned⁶⁶In a non-Sabbatical year, the amount invested before it was abandoned is not deductible by the person who acquires the ownerless property; he may only deduct his own expenses of harvesting., he has only the cost of harvesting. He who redeems a fourth-year orchard adds its fifth whether it was his or was given to him as a gift⁶⁷Following the House of Hillel, Mishnah 3. If it was given as a gift it becomes the recipient’s property only if delivered before the time of heave and tithes since later the yield is Heaven’s property..
The removal⁷⁰The removal is the same as for Sabbatical produce (Ševi‘it 9:8); no produce may remain in the hands of the owner. {Maimonides holds that the leftovers have to be burned.} was on the day before the first⁷¹This is the reading of both Yerushalmi mss. and a majority of the Mishnah mss. However, the Cambridge ms. of the Galilean Mishnah as well as the Maimonides autograph read “last” day; and this reading is necessary in Halakhah 7. In Sifry Deut. 302, the mss. are divided about evenly between “first” and “last”. One might speculate that the reading “first” is derived from some mss. in which יום טוב אחרון was abbreviated to י״ט א׳ which was read as י״ט אחד (ראשוֹן). day of Passover in the fourth and the seventh year [of the Sabbatical cycle.] What is the removal? One gives heave and heave of the tithe to its recipients⁷²The Cohanim., First Tithe to its recipients⁷³The Levites., tithe of the poor to its recipients. Second Tithe and First Fruits are removed on the spot⁷⁴Outside of Jerusalem, they cannot be eaten. If anything is left, it must be destroyed. This rule shows that in Jerusalem one needs the entire holiday of Passover to dispose of Second Tithe.. Rebbi Simeon says, first fruits one gives to the Cohanim like heave. A cooked dish the House of Shammai say one has to remove, but the House of Hillel say it is as if removed⁷⁵This sentence seems to have been part of the next Mishnah since it is discussed at the beginning of Halakhah 6..
He who had produce¹⁰⁹Of Second Tithe. Since there is no Temple, the tithe cannot be eaten in Jerusalem. The House of Shammai hold that Deut. 14:25 requires that any tithe produce which cannot be eaten in purity in the holy precinct has to be exchanged for money. Since that money cannot be used it must be destroyed or safely buried. The House of Hillel, the authors of Mishnah 1:5, hold that either the coins must be destroyed or the produce left to rot. in this time and the year of removal came, the House of Shammai say he has to exchange it for money; the House of Hillel say, either money or produce.

MISHNAH: Rebbi Jehudah said, in earlier times they sent to the rural farmers, speed up your produce before the time of removal, until Rebbi Aqiba came and taught that any produce which did not reach the time of tithing is exempt from removal¹¹⁰If it is exempt from removal, the fact that the farmer has untithed produce does not prevent him from reading the declaration of tithes (Deut. 26:13–15). The fact that R. Aqiba had to rule on the matter supports Maimonides (Ma‘aser Šeni 7:4) that the declaration should be made even if there is no Temple..
If somebody’s produce was far from him¹¹¹At the time of removal he has to tithe and transfer ownership of his tithes in order to be able to make the declaration., he has to give it a name. It happened that Rabban Gamliel was on a ship with the elders when Rabban Gamliel said, a tenth which I shall measure in the future is given to Joshua and its place is rented to him¹¹²Real estate can be rented in the way it is acquired, by contract, payment, or taking actual possession. If real estate is acquired, movables on it can be acquired with it. Therefore, the future tithe is acquired by payment of the rent. Cf. Babli Qiddušin 26b/27a, Baba Meẓi‘ai 11a, and Rashi’s commentary there.; another tenth which I shall measure in the future is given to Aqiba¹¹³He was overseer of charities and as such could receive the tithe of the poor due at the time of removal.; he should distribute it to the poor, and its place is rented to him. Rebbi Joshua said, a tenth¹¹⁴The heave of the tithe given by the Levite to the Cohen. which I shall measure in the future is given to Eleazar ben Azariah and its place is rented to him. They paid the rent to each other¹¹⁵R. Eleazar ben Azariah to R. Joshua, RR. Joshua and Aqiba to Rabban Gamliel..

MISHNAH: Rebbi Jehudah said, in earlier times they sent to the rural farmers, speed up your produce before the time of removal, until Rebbi Aqiba came and taught that any produce which did not reach the time of tithing is exempt from removal¹¹⁰If it is exempt from removal, the fact that the farmer has untithed produce does not prevent him from reading the declaration of tithes (Deut. 26:13–15). The fact that R. Aqiba had to rule on the matter supports Maimonides (Ma‘aser Šeni 7:4) that the declaration should be made even if there is no Temple..
If somebody’s produce was far from him¹¹¹At the time of removal he has to tithe and transfer ownership of his tithes in order to be able to make the declaration., he has to give it a name. It happened that Rabban Gamliel was on a ship with the elders when Rabban Gamliel said, a tenth which I shall measure in the future is given to Joshua and its place is rented to him¹¹²Real estate can be rented in the way it is acquired, by contract, payment, or taking actual possession. If real estate is acquired, movables on it can be acquired with it. Therefore, the future tithe is acquired by payment of the rent. Cf. Babli Qiddušin 26b/27a, Baba Meẓi‘ai 11a, and Rashi’s commentary there.; another tenth which I shall measure in the future is given to Aqiba¹¹³He was overseer of charities and as such could receive the tithe of the poor due at the time of removal.; he should distribute it to the poor, and its place is rented to him. Rebbi Joshua said, a tenth¹¹⁴The heave of the tithe given by the Levite to the Cohen. which I shall measure in the future is given to Eleazar ben Azariah and its place is rented to him. They paid the rent to each other¹¹⁵R. Eleazar ben Azariah to R. Joshua, RR. Joshua and Aqiba to Rabban Gamliel..

MISHNAH: In the afternoon of the holiday¹³³This is the text in the Mishnah mss. of the Yerushalmi and Maimonides traditions, unspecified between first and last days of Passover. However, the Halakhah seems to presume a reading of “last day”. they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it.
(Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning¹³⁴Cf. Demay Chapter 1, Note 70. he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House¹³⁵A standard name for the Temple.. “I did all You commanded me,” I enjoyed and gave joy to others with it¹³⁶Fulfilling part of the commandment (Deut. 16:14) “enjoy your holiday” with festive meals..
(Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided¹⁴⁹This use of גזר is in the sense of Biblical Hebrew “to cut” in the meaning of גזר דין = פסק דין “(judicial) decision”; not the rabbinical גדר = גור; cf. Demay 1:2, Note 89. for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits¹⁵⁰The verse is the continuation of the declaration. The commentary is a paraphrase of Deut. 28:4..
Because of this¹⁶⁸The statement “the land You gave us” in the declaration., they said that Israel persons and Mamzerim¹⁶⁹Children born from adultery or incest who are forbidden to marry regular Israelites (Deut. 23:3). Since the disability is hereditary, R. Ṭarphon in Mishnah Qiddušin 3:14 counsels male bastards to live with a non-manumitted slave girl and at the birth of a child (which is his biologically but not legally) manumit the child which by this act automatically becomes a full Jew free of his father’s disability. Today he would have to marry a non-Jewish woman and convert the child at birth. may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings¹⁷⁰This was discussed in the preceding paragraph.. ¹⁷¹From here it is also Mishnah Soṭah 9:10. The historical identity of this High Priest cannot be determined. {Cf. Eliahu Katz, “Who was Joḥanan the High Priest?” Šanah bešanah 1979, pp. 368–373 (Hebrew).} In the Babli (Yoma9a) it is reported that he acted as High Priest for 80 years; an assertion of doubtful accuracy like most historical stories in the Babli. According to a possible interpretation of Tosephta Soṭah 13:6, he was the Hasmonean Joḥanan Hyrkanos; cf. Notes 188,189. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters¹⁷²This will be discussed in the Halakhah.. Up to his days the hammer was hitting in Jerusalem¹⁷³This is explained only in the Babli, Makkot 11b and Soṭah 48a and Tosephta Soṭah 13:10. On the intermediate days of the holiday week urgent work may be done. But since metal work is very noisy, and Jerusalem was full of holiday pilgrims at these times, he decreed that, in Jerusalem only, noisy work should not be performed. and in his days nobody had to ask about demay.

MISHNAH: In the afternoon of the holiday¹³³This is the text in the Mishnah mss. of the Yerushalmi and Maimonides traditions, unspecified between first and last days of Passover. However, the Halakhah seems to presume a reading of “last day”. they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it.
(Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning¹³⁴Cf. Demay Chapter 1, Note 70. he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House¹³⁵A standard name for the Temple.. “I did all You commanded me,” I enjoyed and gave joy to others with it¹³⁶Fulfilling part of the commandment (Deut. 16:14) “enjoy your holiday” with festive meals..
(Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided¹⁴⁹This use of גזר is in the sense of Biblical Hebrew “to cut” in the meaning of גזר דין = פסק דין “(judicial) decision”; not the rabbinical גדר = גור; cf. Demay 1:2, Note 89. for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits¹⁵⁰The verse is the continuation of the declaration. The commentary is a paraphrase of Deut. 28:4..
Because of this¹⁶⁸The statement “the land You gave us” in the declaration., they said that Israel persons and Mamzerim¹⁶⁹Children born from adultery or incest who are forbidden to marry regular Israelites (Deut. 23:3). Since the disability is hereditary, R. Ṭarphon in Mishnah Qiddušin 3:14 counsels male bastards to live with a non-manumitted slave girl and at the birth of a child (which is his biologically but not legally) manumit the child which by this act automatically becomes a full Jew free of his father’s disability. Today he would have to marry a non-Jewish woman and convert the child at birth. may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings¹⁷⁰This was discussed in the preceding paragraph.. ¹⁷¹From here it is also Mishnah Soṭah 9:10. The historical identity of this High Priest cannot be determined. {Cf. Eliahu Katz, “Who was Joḥanan the High Priest?” Šanah bešanah 1979, pp. 368–373 (Hebrew).} In the Babli (Yoma9a) it is reported that he acted as High Priest for 80 years; an assertion of doubtful accuracy like most historical stories in the Babli. According to a possible interpretation of Tosephta Soṭah 13:6, he was the Hasmonean Joḥanan Hyrkanos; cf. Notes 188,189. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters¹⁷²This will be discussed in the Halakhah.. Up to his days the hammer was hitting in Jerusalem¹⁷³This is explained only in the Babli, Makkot 11b and Soṭah 48a and Tosephta Soṭah 13:10. On the intermediate days of the holiday week urgent work may be done. But since metal work is very noisy, and Jerusalem was full of holiday pilgrims at these times, he decreed that, in Jerusalem only, noisy work should not be performed. and in his days nobody had to ask about demay.

MISHNAH: In the afternoon of the holiday¹³³This is the text in the Mishnah mss. of the Yerushalmi and Maimonides traditions, unspecified between first and last days of Passover. However, the Halakhah seems to presume a reading of “last day”. they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it.
(Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning¹³⁴Cf. Demay Chapter 1, Note 70. he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House¹³⁵A standard name for the Temple.. “I did all You commanded me,” I enjoyed and gave joy to others with it¹³⁶Fulfilling part of the commandment (Deut. 16:14) “enjoy your holiday” with festive meals..
(Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided¹⁴⁹This use of גזר is in the sense of Biblical Hebrew “to cut” in the meaning of גזר דין = פסק דין “(judicial) decision”; not the rabbinical גדר = גור; cf. Demay 1:2, Note 89. for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits¹⁵⁰The verse is the continuation of the declaration. The commentary is a paraphrase of Deut. 28:4..
Because of this¹⁶⁸The statement “the land You gave us” in the declaration., they said that Israel persons and Mamzerim¹⁶⁹Children born from adultery or incest who are forbidden to marry regular Israelites (Deut. 23:3). Since the disability is hereditary, R. Ṭarphon in Mishnah Qiddušin 3:14 counsels male bastards to live with a non-manumitted slave girl and at the birth of a child (which is his biologically but not legally) manumit the child which by this act automatically becomes a full Jew free of his father’s disability. Today he would have to marry a non-Jewish woman and convert the child at birth. may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings¹⁷⁰This was discussed in the preceding paragraph.. ¹⁷¹From here it is also Mishnah Soṭah 9:10. The historical identity of this High Priest cannot be determined. {Cf. Eliahu Katz, “Who was Joḥanan the High Priest?” Šanah bešanah 1979, pp. 368–373 (Hebrew).} In the Babli (Yoma9a) it is reported that he acted as High Priest for 80 years; an assertion of doubtful accuracy like most historical stories in the Babli. According to a possible interpretation of Tosephta Soṭah 13:6, he was the Hasmonean Joḥanan Hyrkanos; cf. Notes 188,189. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters¹⁷²This will be discussed in the Halakhah.. Up to his days the hammer was hitting in Jerusalem¹⁷³This is explained only in the Babli, Makkot 11b and Soṭah 48a and Tosephta Soṭah 13:10. On the intermediate days of the holiday week urgent work may be done. But since metal work is very noisy, and Jerusalem was full of holiday pilgrims at these times, he decreed that, in Jerusalem only, noisy work should not be performed. and in his days nobody had to ask about demay.

MISHNAH: In the afternoon of the holiday¹³³This is the text in the Mishnah mss. of the Yerushalmi and Maimonides traditions, unspecified between first and last days of Passover. However, the Halakhah seems to presume a reading of “last day”. they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it.
(Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning¹³⁴Cf. Demay Chapter 1, Note 70. he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House¹³⁵A standard name for the Temple.. “I did all You commanded me,” I enjoyed and gave joy to others with it¹³⁶Fulfilling part of the commandment (Deut. 16:14) “enjoy your holiday” with festive meals..
(Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided¹⁴⁹This use of גזר is in the sense of Biblical Hebrew “to cut” in the meaning of גזר דין = פסק דין “(judicial) decision”; not the rabbinical גדר = גור; cf. Demay 1:2, Note 89. for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits¹⁵⁰The verse is the continuation of the declaration. The commentary is a paraphrase of Deut. 28:4..
Because of this¹⁶⁸The statement “the land You gave us” in the declaration., they said that Israel persons and Mamzerim¹⁶⁹Children born from adultery or incest who are forbidden to marry regular Israelites (Deut. 23:3). Since the disability is hereditary, R. Ṭarphon in Mishnah Qiddušin 3:14 counsels male bastards to live with a non-manumitted slave girl and at the birth of a child (which is his biologically but not legally) manumit the child which by this act automatically becomes a full Jew free of his father’s disability. Today he would have to marry a non-Jewish woman and convert the child at birth. may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings¹⁷⁰This was discussed in the preceding paragraph.. ¹⁷¹From here it is also Mishnah Soṭah 9:10. The historical identity of this High Priest cannot be determined. {Cf. Eliahu Katz, “Who was Joḥanan the High Priest?” Šanah bešanah 1979, pp. 368–373 (Hebrew).} In the Babli (Yoma9a) it is reported that he acted as High Priest for 80 years; an assertion of doubtful accuracy like most historical stories in the Babli. According to a possible interpretation of Tosephta Soṭah 13:6, he was the Hasmonean Joḥanan Hyrkanos; cf. Notes 188,189. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters¹⁷²This will be discussed in the Halakhah.. Up to his days the hammer was hitting in Jerusalem¹⁷³This is explained only in the Babli, Makkot 11b and Soṭah 48a and Tosephta Soṭah 13:10. On the intermediate days of the holiday week urgent work may be done. But since metal work is very noisy, and Jerusalem was full of holiday pilgrims at these times, he decreed that, in Jerusalem only, noisy work should not be performed. and in his days nobody had to ask about demay.

MISHNAH: In the afternoon of the holiday¹³³This is the text in the Mishnah mss. of the Yerushalmi and Maimonides traditions, unspecified between first and last days of Passover. However, the Halakhah seems to presume a reading of “last day”. they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it.
(Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning¹³⁴Cf. Demay Chapter 1, Note 70. he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House¹³⁵A standard name for the Temple.. “I did all You commanded me,” I enjoyed and gave joy to others with it¹³⁶Fulfilling part of the commandment (Deut. 16:14) “enjoy your holiday” with festive meals..
(Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided¹⁴⁹This use of גזר is in the sense of Biblical Hebrew “to cut” in the meaning of גזר דין = פסק דין “(judicial) decision”; not the rabbinical גדר = גור; cf. Demay 1:2, Note 89. for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits¹⁵⁰The verse is the continuation of the declaration. The commentary is a paraphrase of Deut. 28:4..
Because of this¹⁶⁸The statement “the land You gave us” in the declaration., they said that Israel persons and Mamzerim¹⁶⁹Children born from adultery or incest who are forbidden to marry regular Israelites (Deut. 23:3). Since the disability is hereditary, R. Ṭarphon in Mishnah Qiddušin 3:14 counsels male bastards to live with a non-manumitted slave girl and at the birth of a child (which is his biologically but not legally) manumit the child which by this act automatically becomes a full Jew free of his father’s disability. Today he would have to marry a non-Jewish woman and convert the child at birth. may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings¹⁷⁰This was discussed in the preceding paragraph.. ¹⁷¹From here it is also Mishnah Soṭah 9:10. The historical identity of this High Priest cannot be determined. {Cf. Eliahu Katz, “Who was Joḥanan the High Priest?” Šanah bešanah 1979, pp. 368–373 (Hebrew).} In the Babli (Yoma9a) it is reported that he acted as High Priest for 80 years; an assertion of doubtful accuracy like most historical stories in the Babli. According to a possible interpretation of Tosephta Soṭah 13:6, he was the Hasmonean Joḥanan Hyrkanos; cf. Notes 188,189. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters¹⁷²This will be discussed in the Halakhah.. Up to his days the hammer was hitting in Jerusalem¹⁷³This is explained only in the Babli, Makkot 11b and Soṭah 48a and Tosephta Soṭah 13:10. On the intermediate days of the holiday week urgent work may be done. But since metal work is very noisy, and Jerusalem was full of holiday pilgrims at these times, he decreed that, in Jerusalem only, noisy work should not be performed. and in his days nobody had to ask about demay.

MISHNAH: In the afternoon of the holiday¹³³This is the text in the Mishnah mss. of the Yerushalmi and Maimonides traditions, unspecified between first and last days of Passover. However, the Halakhah seems to presume a reading of “last day”. they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it.
(Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning¹³⁴Cf. Demay Chapter 1, Note 70. he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House¹³⁵A standard name for the Temple.. “I did all You commanded me,” I enjoyed and gave joy to others with it¹³⁶Fulfilling part of the commandment (Deut. 16:14) “enjoy your holiday” with festive meals..
(Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided¹⁴⁹This use of גזר is in the sense of Biblical Hebrew “to cut” in the meaning of גזר דין = פסק דין “(judicial) decision”; not the rabbinical גדר = גור; cf. Demay 1:2, Note 89. for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits¹⁵⁰The verse is the continuation of the declaration. The commentary is a paraphrase of Deut. 28:4..
Because of this¹⁶⁸The statement “the land You gave us” in the declaration., they said that Israel persons and Mamzerim¹⁶⁹Children born from adultery or incest who are forbidden to marry regular Israelites (Deut. 23:3). Since the disability is hereditary, R. Ṭarphon in Mishnah Qiddušin 3:14 counsels male bastards to live with a non-manumitted slave girl and at the birth of a child (which is his biologically but not legally) manumit the child which by this act automatically becomes a full Jew free of his father’s disability. Today he would have to marry a non-Jewish woman and convert the child at birth. may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings¹⁷⁰This was discussed in the preceding paragraph.. ¹⁷¹From here it is also Mishnah Soṭah 9:10. The historical identity of this High Priest cannot be determined. {Cf. Eliahu Katz, “Who was Joḥanan the High Priest?” Šanah bešanah 1979, pp. 368–373 (Hebrew).} In the Babli (Yoma9a) it is reported that he acted as High Priest for 80 years; an assertion of doubtful accuracy like most historical stories in the Babli. According to a possible interpretation of Tosephta Soṭah 13:6, he was the Hasmonean Joḥanan Hyrkanos; cf. Notes 188,189. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters¹⁷²This will be discussed in the Halakhah.. Up to his days the hammer was hitting in Jerusalem¹⁷³This is explained only in the Babli, Makkot 11b and Soṭah 48a and Tosephta Soṭah 13:10. On the intermediate days of the holiday week urgent work may be done. But since metal work is very noisy, and Jerusalem was full of holiday pilgrims at these times, he decreed that, in Jerusalem only, noisy work should not be performed. and in his days nobody had to ask about demay.