If one set aside fruits from which to separate terumoth and ma'aseroth [i.e., if he relies upon them and eats other tevel (untithed produce) that he has, saying: Its terumah is in those fruits that I set aside for this purpose], or (if he set aside) money with which to redeem ma'aser sheni, he can proceed on the assumption that they (the set-aside fruits and moneys) are there (in his possession). If they were lost, [If he went to check and found them missing], he must be apprehensive [as to the status of the tevel produce that he had "corrected" through them. And if he had not yet eaten of it, he must tithe it; for it may be that when he said: "Its terumah is in the fruits that I set aside," they were already lost], (he must be apprehensive) for a twenty-four hour period [(retroactively) from the time of checking. When he checked and found them missing, he must suspect that they were already missing yesterday at this time. And if he had made them ma'aser within a twenty-four hour period for other produce, he must tithe it on the possibility (that they were missing.) The rabbis did not require more apprehension than this, relying on the chazakah (the original status, i.e., that they obtained)]. These are the words of R. Elazar b. Shamua. R. Yehudah says: There are three occasions on which wine [which one had set aside for the tithing of other wine] is checked [to see if it had soured (vinegar not being tithable for wine)]: when the east wind blows at the termination of the festival (Succoth), at budding time, and when water enters the boser (half-ripe grapes). [When they are "double-white" they are called "boser," and the entry of water (above) refers to water entering and accumulating within them to the point where some of it is retained. Another interpretation: They would crush grapes when they were boser and add water to prepare vinegar for dipping. The halachah is in accordance with R. Yehudah.]
Bartenura on Mishnah Gittin
המניח פירות להיות מפריש עליהן כו' – He relies upon these and eat from other TEVEL/eatables forbidden to be consumed prior to the separation of sacred gifts that he has, and says, ‘Behold their heave-offerings [come] from these fruits that I have set aside for this purpose.’
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
Introduction
The previous several mishnayoth taught that a person need not be concerned lest someone might have died. Our mishnah teaches that a person need not be concerned lest some produce that he set aside has spoiled.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
ואם אבדו – He went to check them and found that they had become lost.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
If a man sets aside produce in order to count it as terumah and tithe, or money in order to count it as second tithe, he may continue to count it as such in the presumption that they still exist. The person here set aside some produce in another place for it to count as tithe so that he could eat other produce without tithing it. Or he set aside some money to count it as the redemption money for second tithe. This redemption money will eventually be brought to Jerusalem and consumed there. He may continue to eat his produce, assuming that the things he set aside still exist.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
הרי זה חושש – for these selfsame eatables forbidden to be consumed prior to the separation of sacred gifts, which he had legally fit for use by giving the priestly dues with the promise of those. And if he did not eat them, he must separate [tithes] from them, lest when he says: ‘Behold their priest-due is with the fruit that I have set aside’ have already become lost.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
If they are lost, he must be concerned from time period to time period, the words of Rabbi Elazar ben Shammua. Rabbi Judah says: at three seasons they check the wine: when the east wind begins to blow at the end of Sukkot, when the buds first appear [on the vine], and when the juice begins to form in the grapes. According to R. Elazar b. Shammua, if he comes back and discovers that the produce is lost, meaning it has gone bad, he must assume that it was lost within the last 24 hours. This means that he had unwittingly eaten untithed produce for the last 24 hours, and will have to repay that amount to the priests. R. Judah says that they check the wine at only three seasons to ensure that it has not gone bad. Thus he would have to assume that any wine he had left over in order for it to count as tithes and terumah had spoiled some time between the last check and the current period.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
מעת לעת – of being examined. And when he checked them and found them to be lost, he fears lest from yesterday at that particular time they had been lost, and if he had designed them as tithes in the midst of the time period of twenty-four astronomical hours over other fruit. He must separate from them [tithes] out of doubt, and more than this, the Rabbis were not stringent to fear, but they rely upon the presumptive continuance of an actual condition until evidence of change is produced.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
בודקין את היין – that he left it to [have tithes] separated out, he must check it, lest it soured, since we don’t offer heave-offerings from wine that had soured.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
בקדים של מוצאי החג – since when the east wind blows at the conclusion of the festival [of Sukkot].
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
בשעת כניסת המים – when they are like the white bean (see Mishnah Kilayim 1:1), they are called half-ripe fruit (i.e. grapes). But when the moistness enters and grows in it when one is able to store away from them a bit, that is at the time when the water enters. Another explanation: When they were crushing the grapes when they were half-ripe, and putting water into it, and making vinegar to make it subject to setting aside sacred gifts. And the Halakha is according to Rabbi Yehuda.
