Commentaire sur Démaï 1:2
הַדְּמַאי אֵין לוֹ חֹמֶשׁ, וְאֵין לוֹ בִעוּר, וְנֶאֱכָל לְאוֹנֵן, וְנִכְנָס לִירוּשָׁלַיִם וְיוֹצֵא, וּמְאַבְּדִין אֶת מִעוּטוֹ בַּדְּרָכִים, וְנוֹתְנוֹ לְעַם הָאָרֶץ, וְיֹאכַל כְּנֶגְדּוֹ. וּמְחַלְּלִים אוֹתוֹ כֶּסֶף עַל כֶּסֶף, נְחֹשֶׁת עַל נְחשֶׁת, כֶּסֶף עַל נְחֹשֶׁת, וּנְחֹשֶׁת עַל הַפֵּרוֹת, וּבִלְבַד שֶׁיַּחֲזֹר וְיִפְדֶּה אֶת הַפֵּרוֹת, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, יַעֲלֶה הַפֵּרוֹת וְיֵאָכְלוּ בִירוּשָׁלָיִם:
Demai n'a pas de [pénalité d'un] cinquième, et n'a pas besoin d'être expulsé, et un Onen [personne dont le parent proche est décédé et n'a pas encore été enterré] peut le manger, entrer à Jérusalem et partir, et on peut perdre un une petite quantité sur la route, et il peut être donné à un Am HaAretz [celui qui est laxiste dans l'observation de la dîme et des lois de pureté], et il peut manger autre chose à la place et l'échanger, argent contre argent, cuivre contre cuivre, argent pour le cuivre et le cuivre pour les fruits. Et ce n'est que s'il revient pour racheter les fruits, c'est l'opinion du rabbin Meir. Et les sages disent: "Il fait pousser le fruit, et ils seront mangés à Jérusalem."
Bartenura on Mishnah Demai
דמאי אין לו חומש – a person who redeems Second Tithe of doubtfully tithed produce does not give the extra one-fifth (i.e., if he is only bringing the monetary value of his produce and not the actual produce to Jerusalem) because since most of those who are not observing certain religious custom regarding tithes/עמי הארץ – do tithe. Therefore, the principal that is indispensable (i.e., does not invalidate an act by omission) according to the laws of the Torah is brought according to the Rabbis, but the [added] one-fifth is not indispensable according to the Torah can be consumed.
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English Explanation of Mishnah Demai
Introduction
As I stated in the Introduction to Tractate Demai, a person who has demai must take out second tithe and bring the second tithe to Jerusalem. Generally speaking second tithe would be “redeemed” for money, the money would be brought to Jerusalem and there used to buy food and drink. Our mishnah teaches that second tithe that is taken out from demai is treated differently from regular second tithe. This is because second tithe taken from demai is only doubtfully necessary and therefore the rules regarding it are slightly more lenient.
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Bartenura on Mishnah Demai
ואין לו ביעור – at the end of three years, a person is obligated to remove/destroy all of his tithes, as it is written (Deuteronomy 26:13): “[you shall declare before the LORD your God:] ‘I have cleared out the consecrated portion from the house [- and have given it to the Levite, the stranger, the fatherless and the widow, that they may eat their fill in your settlements’],” but the Rabbis did not institute this with doubtfully tithed produce.
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English Explanation of Mishnah Demai
The [second tithe of] demai is not subject to [the rules of adding a] fifth. Normally, when one “redeems” second tithe, one adds a fifth of the value and brings that money to Jerusalem. However, when it comes to second tithe taken from demai, the one redeeming it does not need to add the extra fifth.
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Bartenura on Mishnah Demai
ונאכל לאונן – for certainly [tithed] Second Tithe is prohibited to a mourner before the burial of a kinsman/אונן as it is written (Deuteronomy 26:14): “I have not eaten of it while in mourning,” but Second Tithe of doubtfully tithed produce, they (i.e., the Rabbis) did not make a decree concerning this.
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English Explanation of Mishnah Demai
It has no mandated time of removal. At the end of the fourth and seventh years of a sabbatical cycle a person must clear out all of the tithes from his house and give them to the appropriate party or destroy them. This does not apply to second tithe taken from demai.
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Bartenura on Mishnah Demai
ונכנס לירושלים ויוצא – it is redeemed and consumed outside of Jerusalem, which is not the case concerning definitely [tithed produce] which the walls [of Jerusalem] retain/protect and people are unable to redeem it and to remove outside the wall [of Jerusalem] after he has entered, but with doubtfully tithed produce, it is not decreed.
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English Explanation of Mishnah Demai
It may be eaten by an onen. An onen is a person whose close relative die (parent, sibling, spouse or child) but has not yet buried the dead. An onen cannot eat anything that is considered “holy” including second tithe, which is called “holy.” However, an onen can eat second tithe taken from demai, again because we are not even sure if this is really second tithe.
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Bartenura on Mishnah Demai
ומאבדים מעוטו בדרך (and they lose/abandon a small portion of it on the roads) – if it was doubtfully tithed Second Tithe on the roads in a place where there are hords of wild beasts or robbers, even if there was a small amount and he could bring it without trouble or without loss , it does not concern/worry him and he leaves it to be abandoned on the road in the place where he is. And Maimonides explained that if at the time that he is bringing Second Tithe of doubtfully tithed produce in Jerusalem and a small amount was lost to him on the way, it should not concern him, what is not the case with certainly tithed produce that he must bring all of it up or its monetary value [plus the added one-fifth] and not lose any of it on the way.
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English Explanation of Mishnah Demai
It may be brought into Jerusalem and taken out again. Once second tithe has been taken into Jerusalem, it is forbidden to take it out again. This rule does not apply to second tithe from demai.
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Bartenura on Mishnah Demai
ונותנים אותו לעם הארץ – to eat in Jerusalem, and even though he is suspected of consuming it while in a state of ritual impurity, which is not the case with certainly tithed [produce] that we don’t hand over to a person who does not observe certain religious practices related to tithes (i.e., an עם הארץ ) because he is not careful to consume it in a state of ritual purity.
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English Explanation of Mishnah Demai
They may allow a small amount to be lost on the road. If while traveling one has a small amount of second tithe from demai and it is not worth the trouble to take it to Jerusalem one may get rid of it. However, if one has a large quantity, one either must bring it to Jerusalem, or redeem it and then bring the money to Jerusalem. If it was regular second tithe, he couldn’t even get rid of a small amount.
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Bartenura on Mishnah Demai
ויאכל כנגדו (and he consumes its equivalent) – corresponding to what he gave to a person who does not observe religious practices related to tithes , he takes from his possessions and consumes with the ritual purity of the Second Tithe in Jerusalem.
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English Explanation of Mishnah Demai
One may give it to an am haaretz and consume its equivalent in Jerusalem. Generally speaking one cannot give second tithe to an am haaretz for fear that he will eat it while in a state of ritual impurity. However, he can give second tithe to an am haaretz as long as he later eats an equivalent amount of produce while in a state of ritual purity in Jerusalem. It seems that what he is actually doing is exchanging one amount of second tithe for another.
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Bartenura on Mishnah Demai
ומחללים אותו כסף על כסף (and they redeem it [exchange its redemption money] silver for silver) – if he has silver coins of Second Tithe of doubtfully tithed produce and he needs it, he is able to redeem it for unconsecrated silver coins, what is not the case with certainly tithed [Second Tithe] that he doesn’t redeem silver for silver but rather Selas of the two kings that he can redeem one for the other if the second is current coinage but that of [only] one king, he cannot for this is not the manner of redemption, but for doubtfully tithed produce, it is permitted.
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English Explanation of Mishnah Demai
[Second tithe money of demai] may be redeemed silver [coins] for [other] silver [coins], copper [coins] for [other] copper [coins], silver for copper, and copper for produce, provided that the produce is again redeemed for money, the words of Rabbi Meir. But the sages say: the produce itself must be brought up and eaten in Jerusalem. It is forbidden to exchange coins that have been used to redeem second tithe for other coins. However, it is permitted to do so when the coins were used to redeem second tithe from demai. There is another rule relevant in this section. Generally one cannot use second tithe coins to buy produce outside of Jerusalem. One who does so must take the actual produce and bring it to Jerusalem and eat it there. However, Rabbi Meir allows one to redeem this produce and bring it to Jerusalem, since the money used to buy the produce originally came from second tithe from demai. The other rabbis disagree and hold that this produce must be brought to Jerusalem, just as it is in a case of regular demai.
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Bartenura on Mishnah Demai
כסף על נחשת (silver for copper) – even it is not an emergency, but of certainly [tithed produce] in an emergency one can [make this exchange], but not in a time which is not an emergency.
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Bartenura on Mishnah Demai
ויחזור ויפדה את הפירות – we have this reading, and we don’t have the reading of"ובלבד שיחזור ויפדה" /provided that he again redeem the produce [for money].” And this is what he said: And he can return and redeem the produce if he wants, the words of Rabbi Meir, but the Sages say: He cannot return and redeem them but rather, he brings up the produce to Jerusalem [and consumes it there]. And the Halakha is according to the Sages.
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