Commentary for Demai 5:3
הַלּוֹקֵחַ מִן הַנַּחְתּוֹם, מְעַשֵּׂר מִן הַחַמָּה עַל הַצּוֹנֶנֶת, וּמִן הַצּוֹנֶנֶת עַל הַחַמָּה, אֲפִלּוּ מִטְּפוּסִין הַרְבֵּה, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹסֵר, שֶׁאֲנִי אוֹמֵר, חִטִּים שֶׁל אֶמֶשׁ הָיוּ מִשֶּׁל אֶחָד, וְשֶׁל הַיּוֹם הָיוּ מִשֶּׁל אַחֵר. רַבִּי שִׁמְעוֹן אוֹסֵר בִּתְרוּמַת מַעֲשֵׂר, וּמַתִּיר בְּחַלָּה:
One who buys from a baker may separate tithes from the hot for the cold and from the cold for the hot even from many molds, the words of Rabbi Meir. Rabbi Yehudah forbids, for I say that yesterday's wheat was from one [man] and today's was from another. Rabbi Shimon forbids regarding [the separation of] <i>Terumat Ma'aser</i>, but permits regarding <i>Challah</i>.
Bartenura on Mishnah Demai
ומן הצוננים על החמה – even though he is tithing from the bad for the beautiful, he holds like Rabbi Illai who stated (Tractate Kiddushin 46b): A person who separates the priestly gift from the bad for the beautiful, his heave-offering is a [legitimate] heave-offering, and regarding doubtfully tithed produce, they (i.e., the Rabbis) permitted this even ab initio.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Demai
Introduction
This mishnah returns to the subject of separating tithes from bread bought from a baker, the topic dealt with in mishnah one.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Demai
ואפילו מדפוסים הרבה – and we don’t suspect that perhaps yesterday the baker purchased the grain from someone who separates tithes and today [he purchased the grain] from someone who does not separate tithes, and if is found that he sets aside [for tithes] from that which is exempt for that which has an obligation, for the baker buys from one person, even though he makes it from many [different] molds.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Demai
One who bought [bread] from a baker, he may give tithe from hot bread for cold bread or from cold bread for hot bread, even when they are of various moulds, the words of Rabbi Meir. According to Rabbi Meir, when one buys bread from a baker he may separate tithes for the freshly-bought hot bread from the bread that he bought the day before which is now cold, and vice versa, he may separate tithes from the older bread from the freshly bought bread. This is true even if the loaves are made in different molds. Rabbi Meir is not concerned lest the bread be made from wheat bought from several different sellers, some of whom did separate tithes and some of whom did not. If indeed the wheat had been bought from different sellers, some who tithed and some who did not, then it would be a problem to tithe from one batch for another because one cannot tithe from already tithed wheat for wheat that has not yet been tithed. We shall learn more about this in mishnah ten below.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Demai
רבי יהודה אוסר – when both of them were from yesterday evening or both of them are from today, Rabbi Yehuda agrees with Rabbi Meir , that even if they come from different molds, they are permitted, because he doesn’t worry about molds. But one from yesterday and another from today, even from one mold, he forbids as I state, etc.: (“Yesterday’s grain may have from one man and today’s grain from another” – i.e., yesterday’s wheat may have been tithed while that of today was not tithed, or vice versa).
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Demai
Rabbi Judah prohibits it, because I say that yesterday’s wheat was bought from one man and today’s wheat from another man. Rabbi Judah prohibits this for the reason explained above. He fears that yesterday’s wheat and today’s wheat were bought from different merchants.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Demai
ר' שמעון אמסור בתרומת מעשר - for even if both of them were from today or both of them were from yesterday, since they are from two molds, we state that he purchase the grain from two people and perhaps one of them tithed and the other did not [tithe] and it is found that he is separating from that which is exempt for that which is one with an obligation.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Demai
Rabbi Shimon prohibits it in the case of terumat maaser, but permits it in the case of hallah. Rabbi Shimon agrees that this is a problem with regard to terumat maaser, because the obligation to separate terumat maaser is set at the time when the wheat is made into a pile, the same time when the obligation to tithe is set. However, the obligation to separate hallah does not come into being until the dough is made. By this point the wheat already belongs to the baker and therefore we don’t have the problem of the separating hallah from stuff that belongs to two different people it all belongs to the baker.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Demai
ומתיר בחלה – for regarding the dough offering, everyone agrees that even that of yesterday with that of today, and even from two molds, that alternatively he bought from two people, we don’t worry for with the baker he is obligated to separate Hallah in that he formed the dough by rolling.
Ask RabbiBookmarkShareCopy