Commentary for Challah 3:9
כַּיּוֹצֵא בוֹ, זֵיתֵי מָסִיק שֶׁנִּתְעָרְבוּ עִם זֵיתֵי נִקּוּף, עִנְּבֵי בָצִיר עִם עִנְּבֵי עוֹלְלוֹת, אִם יֶשׁ לוֹ פַרְנָסָה מִמָּקוֹם אַחֵר, מוֹצִיא לְפִי חֶשְׁבּוֹן. וְאִם לָאו, מוֹצִיא תְרוּמָה וּתְרוּמַת מַעֲשֵׂר לַכֹּל, וְהַשְּׁאָר מַעֲשֵׂר וּמַעֲשֵׂר שֵׁנִי לְפִי חֶשְׁבּוֹן:
Similarly, if olives of [regular] harvesting that became mixed with olives [left over] for striking-off [by the poor, that are exempt from <i>Ma'aserot</i>], or grapes of [regular] gathering, with grapes [left over] for gleaning [by the poor]: if one has a supply from another place, one can take out [the necessary tithes] in accordance with the precise amounts. But if one does not [have a supply from another place], one takes out <i>Terumah</i> and <i>Terumat Ma'aser</i> [a tenth of the tithe given to a Levi which must, in turn, be given to a Kohen] for all of them. And as for the rest, [one takes out] <i>Ma'aser</i> [<i>Rishon</i>, the first tithe of produce, which must be given to the Levi] and <i>Ma'aser Sheni</i> [the second tithe of produce, which must be taken to Jerusalem and consumed there] in accordance with the precise amount.
Bartenura on Mishnah Challah
זיתי מסיק – olives that the owner harvests, and the harvesting of the olives is called “olive harvest.”
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English Explanation of Mishnah Challah
Introduction
When one harvests olive trees, and some olives are left in the tree, the poor have the right to come and strike the tree to bring down the last remaining olives. Similarly, if there are grapes that are not fully formed at the regular time of harvest, they belong to the poor.
Regularly harvested grapes and olives are liable to terumah and tithes, but those left for the poor are not.
Our mishnah discusses what one can do if his regularly harvested grapes or olives become mixed with those belonging to the poor. Can he get away without having to separate terumah and tithes based on the entire larger amount?
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Bartenura on Mishnah Challah
זיתי נקוף – olives that the poor people glean, as it says (Isaiah 17:6): “[Only gleanings shall be left of him] as when one beats an olive tree: two berries or three [on the topmost branch…,]” and they are exempt from tithes.
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English Explanation of Mishnah Challah
Similarly, if olives of [regular] picking became mixed with olives [left over] for striking-off [by the poor], or grapes of [regular] picking, with grapes [left over] for gleaning [by the poor]:
If he has a supply from another place, he can take out [terumah and tithes] in accordance with the precise amount. This is the same rule as that found in section one in yesterday’s mishnah.
If he has a supply from another place, he can take out [terumah and tithes] in accordance with the precise amount. This is the same rule as that found in section one in yesterday’s mishnah.
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Bartenura on Mishnah Challah
ענבי בציר – which are liable for tithes.
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English Explanation of Mishnah Challah
But if does not, he takes out one terumah and terumat maaser for all of the grapes. If he does not have other produce from which to take out the terumah, then he must separate terumah and the terumah that is taken from tithes (terumat maaser) for the entire amount, even though the produce that was for the poor was exempt. Note that he does not need to take out tithes for the entire amount. The law is stricter when it comes to terumah because a non-priest who eats terumah is liable for death by the hands of heaven. Therefore, he has to be certain that he has separated terumah for the entire amount.
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Bartenura on Mishnah Challah
עם ענבי עוללות – which are exempt from tithes.
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English Explanation of Mishnah Challah
And as for the rest, [he takes out] tithe and the second tithe in accordance with the precise amount. The laws regarding tithes are not as strict because a non-priest can eat tithe. Therefore, he can take out tithe and second tithe for the amount of produce that is actually liable to tithes and second tithe. This is the amount of his produce that is in the mixture; it does not include the produce that belongs to the poor.
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Bartenura on Mishnah Challah
אם יש לו – other eatables forbidden pending the separation of sacred gifts and similar things, he removes from them the correct proportion according to measure of what he must remove from olive harvests or from vintage grapes that require tithing.
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Bartenura on Mishnah Challah
ואם לאו – if he lacks any other eatables forbidden pending the separation of sacred gifts, we see it as if they are all eatables forbidden pending the separation of sacred gifts, and we remove the Priest’s Due and the [Levite’s] tenth of the First Tithe [that goes to the Kohen] on everything.
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Bartenura on Mishnah Challah
והשאר מעשר – First [Tithe]
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Bartenura on Mishnah Challah
ומעשר שני – or Second Tithe, which we don’t remove other than according to proportion, and not that he should not separate only according to proportion, for behold, it is impossible to separate Terumat Ma’aser (i.e., the tenth of the tenth) until we first separate [First] Tithe on everything. And furthermore, if we do not separate [First] Tithe on everything, everything that he tithes, there is non-sacred produce [contained within] by proportion. And it is found that he would be separating from that which exempt [from tithes] on that which is liable [for tithes], but the tithes have to be separated on everything. But one does not have to give the Levite or to the poor other than according to proportion, and the rest he may combine with his produce. And similarly, the Second Tithe does not have to be redeemed other than by proportion, but Terumah (i.e, the heave-offering to the Kohen of two percent) and Terumat Ma’aser (i.e., tenth of a tenth of the rest which the Levite gives to the Kohen) which are [punishable] by death, when one separates [tithes] on everything, it is found there is found non-sacred produce mixed in, and one must give everything to the Kohen.
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