Commentary for Demai 2:6

אלו דברים. בכל מקום – even from Keziv and further out, If he purchased them from those not observing certain religious customs regarding tithes/עמי הארץ that it is known that they came from the Land of Israel, for it is distinguishable that there are none like them in appearance other than from the Land of Israel.

Introduction In chapter one, mishnah three, we learned that if one buys certain types of produce from Achziv and north, he does not have to separate tithes, since that region is not liable for tithes from demai. We also are usually not concerned lest the produce was brought there from the land of Israel, in which case it is liable for tithes because it was grown in Israel. Our mishnah teaches that sometimes tithes must be taken out of certain types of demai produce no matter where they are bought, lest the produce come from the land of Israel.

כל המשתמש ממנו פטור – even in the Land of Israel that is more recognized and one does not come to exchange them (i.e., the rice that is grown outside the Land of Israel) with the rice of the Land of Israel. But the rest of the things that are mentioned in our Mishnah (i.e., pressed figs, dates, carobs and cumin) there are those from them in the Land of Israel that are similar to those that are outside of the Land [of Israel], but those are that are important that it is custom to carry them because of their importance to places that don’t have a similar kind, required tithing, for it is known that they are from the Land of Israel.

The following things must be tithed as demai in all places: pressed figs, dates, carobs, rice, and cumin. The mishnah refers to products bought from an am haaretz in an area that borders the land of Israel, but was not conquered by those Israelites returning from Babylonia and hence does not “officially” count as part of the land of Israel. Tithes must nevertheless be taken from these things because it is assumed that they come from the land of Israel, or at least from regions of the land that had been conquered by those returning from Babylonian exile.

As to rice from outside the land [of Israel], whoever uses it is exempt from tithing it. One who buys rice from an am haaretz outside of the land of Israel and uses it there need not separate tithes. However, if he brings it to the land of Israel he must tithe it because it is easily switched with rice that comes from the land of Israel and is obligated to be tithed as demai. We should note that this is Albeck’s explanation; others explain the mishnah differently.

להיות נאמן – on the tithes and that his produce will not be doubtfully tithed from here and onwards.

Introduction The opposite of an am haaretz, one who is assumed not to have tithed his produce, is one who is “ne’eman,” which means trustworthy. He is a person that one can trust to have tithed his produce. One who buys from such a person need not treat his produce as demai. Our mishnah teaches how one can be considered “ne’eman.”

את שהוא לוקח – [what he purchases] in order to sell, for whereas in order that he eats it, it is taught in the first clause [of our Mishnah]: “he tithes what he eats.”

One who accepts upon himself to be trustworthy (ne’, must tithe whatever he eats and whatever he sells and whatever he buys, and he may not be the guest of an am haaretz. For a person to be considered “trustworthy,” meaning other people can buy and eat his produce without having to fear that the produce was untithed, he must be scrupulous in his personal observance of the laws of tithes. He must tithe whatever he eats, sells and buys. “Buying” here refers to buying something in order to sell it. He also, according to the first opinion in the mishnah, may not be a guest of an am haaretz, because that would mean he is probably eating untithed produce.

ואת שהוא מוכר – from the produce of his lands.

Rabbi Judah says: even one who is the guest of an am haaretz can still be considered trustworthy. Rabbi Judah argues that even one who is guest at the table of an am haaretz can still be considered trustworthy. Perhaps this person trusts that this particular am haaretz did indeed tithe his food. At the least, the person might claim that he trusts the am haaretz not to feed him (the guest) any untithed produce.

על עצמו אינו נאמן – for behold he consumes something that is not legally fit for use by giving the priestly dues when he is a guest with those who do not observed certain religious customs regarding tithes/עם הארץ. But Rabbi Yehuda holds that he doesn’t lose his trustworthiness through this. But the Halakha is not according to Rabbi Yehuda.

They said to him: He is not trustworthy in respect of himself! How can he be considered trustworthy in respect of others? According to the sages, by eating with the am haaretz, he is not acting in a trustworthy manner in regard to that which he eats, because he may be eating untithed produce. If he is not trustworthy in regard to that which he himself eats, how can he be considered trustworthy with regard to that which he sells to others? Therefore, the sages hold that one who eats with an am haaretz is not trustworthy to sell tithed produce. Produce brought from him is considered demai.

להיות חבר – in the matter of ritual purity, which is being separate and that his clothing and his drinks will be ritually pure. And even a Sage/תלמיד חכם (i.e., a “Fellow”) is not trustworthy with regard to ritual purity until he accepts upon himself the words of the members of the order for the observance of Levitical laws in daily intercourse, unless he is an Elder/זקן and sits in the academy/ישיבה, and a person who accepts upon himself the words of members of order for the observance of Levitical laws in daily intercourse needs to accustom himself for thirty days and afterwards his clothing and his drink will be ritually pure. And there is no acceptance of the words of the members of the order for the observance of Levitical laws in daily intercourse with less than three members, unless the member is a Sage/ תלמיד חכם that does not need to be before three members. And not only this but also that others accept before him.

Introduction In yesterday’s mishnah we learned how a person becomes “trustworthy” such that others can buy his produce without fear that it has not been tithed. In today’s mishnah we learn how someone can become a “chaver.” The word “chaver” which in modern Hebrew means either friend or associate refers to a person who is known to be extra cautious in matters of purity. He is one who eats his non-sanctified produce (hullin) while in a state of purity. The chaver is also trustworthy when it comes to matters of tithing. According to many scholars and traditional commentators there may be a connection between being a “chaver” and being a Pharisee, a Second Temple group whose members were also known for being meticulous in matters of purity.

לח ויבש – and they don’t transmit ritual purity to a person who does not observe certain religious customs regarding tithes/עם הארץ , for it is prohibited to cause ritual impurity to unconsecrated produce in the Land of Israel.

One who takes upon himself to become a “chaver” may not sell to an am haaretz either moist or dry [produce], nor may he buy from him moist [produce], nor may he be the guest of an am haaretz, nor may he host an am haaretz as a guest while [the am haaretz] is wearing his own garment. An am haaretz is by definition not cautious in matters of purity and can be assumed to be impure. Therefore, a person who wishes to be a chaver should not sell his produce to an am haaretz. The mishnah rules that this is so for moist produce, which is susceptible to impurity and for dry produce as well, even though it is not susceptible to impurities, until it becomes wet. The fear is that the later on the dry produce will come into contact with a liquid and the am haaretz will then make it impure. Just as the chaver cannot sell to an am haaretz, he cannot buy from him. However, this only applies to moist produce because if the produce is still dry then it cannot have become impure. The chaver cannot be a guest at an am haaretz’s home because the am haaretz doesn’t observe the purity regulations, nor does he tithe. The chaver cannot host the am haaretz while the am haaretz is wearing his own clothing. The problem is that the clothing transmits a high level of impurity even without coming into direct contact. Therefore, the chaver would have great trouble in avoiding the impurity of the am haaretz. However, if the am haaretz was wearing the chaver’s clothing (which does not make the clothing impure) the chaver can avoid direct physical contact with the impure am haaretz.

ואינו לוקח ממנו לח – but he does acquire something dry from him that was not susceptible to receive ritual impurity all the while that something liquid does not come upon it. But the person who does not observed certain religious customs regarding tithes (i.e., עם הארץ ) is believed to state that it was susceptible [to receive ritual impurity] but was not defiled.

Rabbi Judah says: he may not also raise small animals, nor may make a lot of vows or merriment, nor may he defile himself by contact with the dead. Rather he should be an attendant at the house of study. Rabbi Judah adds several stringencies to the list of what one needs to do to be accepted as a chaver. The first is that he is not allowed to raise small animals (sheep and goats) in the land of Israel because they destroy the crops (see Bava Kamma 7:7). The second is that he won’t take many vows. A person who takes many vows is considered rash and not trustworthy. Third, he won’t engage in much laughter or merriment. Laughter and merriment in rabbinic literature often has a connotation of licentiousness. Finally, what he will do is sit in the Bet Midrash, the study house, and learn Torah. In other words, to Rabbi Judah, being a chaver is practically synonymous with being a sage.

ולא יתארח אצל עם הארץ – so that he will not become ritually impure and come and defile his purity.

They said to him: these [requirements] do not come within the general rule [of being a chaver]. The other sages disagree with Rabbi Judah and limit the concept of “chaver” to matters connected with the purity laws. A chaver is one who is scrupulous specifically in matters of purity. While being a sage is obviously a great merit, one does not have to be a sage, or scrupulous in matters of vows, raising animals etc, in order to be a chaver. All one has to do is carefully observe the purity laws.

ולא מארחו –[nor host] a person who does not observe certain religious customs regarding tithes.

אצלו בכסותו – that the clothing of a person who does not observe certain religious customs regarding tithes/עם הארץ, his ritual defilement is more severe than the ritual defilement of person who does not observe certain religious customs regarding tithes himself for we suspect that perhaps his wife sat on them while she was a menstruant woman and the clothing of a person who does not observe certain religious customs regarding tithes is Levitical uncleanness arising from someone with gonorrhea’s immediate contact by treading or leading against to the Pharisees. Alternatively, for this reason they said that he cannot host him (i.e., a person who does not observe certain religious customs regarding tithes) other than with his clothing for from the contact itself, he can be more careful from contact with his clothing.

אף לא יגדל בהמה דקה – that it is forbidden to raise [small] cattle in the Land of Israel that won’t graze in the fields of others.

ולא יהא פרוץ בנדרים – for he will ultimately will come to desecration.

ולא יהא פרוץ בשחוק – for laughter and light-headedness will accustom a person to licentiousness.

ומשמש – [and serve] the Sages in the House of Study.

לא באו אלו לכלל – that their matters do not touch upon purity. And the Halakha is not according to Rabbi Yehuda.

הנחתומים – a baker who observes certain religious customs regarding tithes (i.e., he is a חבר) who purchased grain from aa person who does not observe certain religious customs regarding tithes (i.e., an עם הארץ ) which is doubtfully tithed produce, the Sages did not obligate him to separate [tithes].

Introduction Our mishnah deals with how various food professionals observe the laws of demai.

אלא כדי תרומת מעשר – [the heave-offering of the tithe that the Levite gives to the Kohen] which is one out of one-hundred (i.e., 1/100) but not Second Tithe (In years 1,2,4 and 5 of the seven-year cycle which is eaten in Jerusalem), because the officers of the king and his taskmasters beat them in every hour and say to them: see them cheaply, the Sages did not force them to give the Second Tithe for its trouble is great for one needs to consume it I Jerusalem. And especially when one sells it to a person who observes certain religious customs regarding tithes, for the person who acquires it separates out the Second Tithe, but if he sells it to someone who does not observe certain religious customs regarding tithes, he is liable to separate out the Second Tithe before he sells it.

Bakers the sages did not obligate them to separate [from demai produce] any more than suffices for terumat maaser and for hallah. The rabbis were lenient in mandating bakers to separate all of the tithes from demai (produce they bought from an am haaretz) because bakers barely make a profit. If the sages had been strict, bakers might have been left with a choice: go out of business or ignore rabbinic law. The baker did have to remove terumat maaser (the terumah taken from the tithe) and the hallah. These are of a higher level of holiness, but are not necessarily a large amount of produce. However, the baker did not have to take out second tithe.

החנונים – [the storekeepers] who sell a little bit at a time in the store, are not permitted to sell that which is doubtfully tithed, for since they profit a great deal on them, it is upon them to make things legally fit for use by giving the priestly dues. Alternatively, because they regularly sell to young children so that the young children will not eat that which is not legally fit for use by giving the priestly dues.

Grocers may not sell demai [produce]. Grocers, on the other hand, cannot sell demai until all the tithes, meaning terumat maaser, hallah and second tithe, have been separated. Evidently grocers made a greater profit than did bakers and hence the rabbis were more stringent with them.

כל המשפיעים (all wholesale dealers) – who sell with great abundance together.

All [merchants] who supply in large quantities may sell demai. Who are those who supply in large quantities? Those such as wholesalers and grain-sellers. Anybody who sells in large quantities is allowed to sell demai, under the assumption that he is providing a little extra so that the buyer can separate the tithes himself. The mishnah enumerates two types of merchants who usually sell in large quantities: wholesalers and grain merchants. In contrast, a grocer, referred to in section two, sells in more precise measurements and hence has to separate the tithes himself.

במדה גסה – further on it explains what is a selling in bulk.

רשאין למכור את הדמאי – it is the manner of man sellers together to increase on the measure and for that reason, they were called wholesale dealers who make an overflowing measure and add to the measures, and because of this they did not place upon them to separate out [tithes] on the doubtfully tithed produce other than for someone who purchases from them.

סיטונות (wholesale provision merchants) – they are the large business men who purchase grain from those who own it and sell it to storekeepers in a large measure/bulk.

את שדרכו להמדד בדקה ומדדו בגסה – we have the reading.

Introduction This mishnah is a direct continuation of yesterday’s. At the end of mishnah four we learned that one who sells produce in small measures cannot sell demai, but rather must separate out the tithes before he sells. In contrast, one who sells in large measures can sell demai without separating the tithes, under the assumption that he sells a little extra so that the buyer can separate the tithes himself.

טפילה דקה לגסה (the small quantity is subject to the [rules governing] large quantities) – and he is exempt [from tithing doubtfully tithed produce] when he sells in bulk and we don’t say since that it is his manner to be accustomed to small amounts, he is liable [to tithe doubtfully tithed produce] when he measures with bulk/large quantities.

Rabbi Meir says: [if produce] which is usually measured out [for sale] in a large [quantity] was measured out in a small [quantity], the small quantity is treated as if it was a large [quantity]. If [produce] which is usually measured out for sale in a small [quantity] was measured out in a large [quantity], the large [quantity] is treated as if it was a small [quantity]. Rabbi Meir says that something that is normally sold in large quantities, such as grain, is treated as such even in the isolated case in which it was sold in a small quantity. Since it is normally sold in large quantities, one can always sell it demai, even if he is selling a small quantity. The opposite also holds true. If something that is normally sold in small quantities is sold in an isolated case in a large quantity, it is treated as if it was sold in a small quantity and one has to tithe it before selling it. To Rabbi Meir the rule is determined by the nature of that which is being sold, and not by the details of the individual case.

ובלח דינר – a measure that has what is worth a Denar, because the measure was not known for that which was wet, for the market price always changes, therefore, they estimated in monetary value.

What is considered a large quantity? For dry [produce] three kavs, and for liquids, the value of one dinar. Three kavs is about three liters. It seems that a “large amount” is not that actually that largeAlso, a dinar is not a particularly large sum of money. The threshold for being considered a “large quantity” seems to be quite low.

אכסרה (in a lump) – not by measure and not by weight but rather according to an estimation, and he is exempt [from tithing doubtfully tithed produce] for it is like one is selling in bulk. But the Halakha is not according to Rabbi Yossi.

When one sells baskets of these types of produce (figs, grapes and vegetables) the exact amount in the basket is not precise. Therefore the seller can sell them while they are still demai, under the assumption that he throws a little extra in so that the buyer can separate the tithes on his own.