Commentaire sur Démaï 1:4

מערבין בו – the joining of borders and the joining of courtyards.

Introduction Because demai, produce which may not have been tithed, is only rabbinically prohibited, some of the rules that apply to tevel, untithed produce which is strictly prohibited by the Torah, do not apply to it.

ומשתתפין בו -the merging of alleyways and even though that he did not see it, because if he wanted, he could declare all his property ownerless and would be poor and it is appropriate for him, and this is taught in the Mishnah (Tractate Demai, Chapter 3, Mishnah 1): We feed the poor people doubtfully tithed produce, now also it is appropriate for him.

Demai may be used to make an eruv, and to make an [alley] partnership, and they recite a blessing over it, and they make an invitation [to recite Birkat Hamazon] over it, and one may separate [tithes] from it even when one is naked, or when it is twilight [on the eve of Shabbat]. This section lists things which distinguish demai from produce that has certainly not been tithed. Produce that is untithed cannot be eaten and therefore such produce cannot be used to make an eruv, which allows one to carry on Shabbat from a home to an adjacent courtyard. Neither can it be used to set up an “alley partnership,” a type of eruv that allows one to carry from courtyard to courtyard through an alley. These subjects were dealt with extensively in Tractate Eruvin. Demai, on the other hand, can be used for an eruv or an alley partnership. One should not bless over produce that has not been tithed, just as one would not bless over non-kosher food. Neither would one recite an invitation to Birkat Hamazon (a zimmun) over untithed produce. In contrast, one blesses and recites an invitation to Birkat Hamazon over demai (see Berachot 7:1). When one separates tithes from produce, a blessing is recited. Hence, the person separating must be clothed. In contrast, no blessing is recited when separating tithes from demai, because it may not be necessary to recite the blessing. Reciting an unnecessary blessing is considered to be “taking God’s name in vain” and therefore in cases of doubt, no blessing is recited. Since no blessing is recited, the tithes from demai may be separated by a naked person. Finally, it is forbidden to separate tithes on Shabbat because that is considered “fixing,” a deoraita (toraitic) prohibition. It is also prohibited to separate tithes from demai on Shabbat, because that is a doubtful toraitic prohibition, and in such cases the law is stringent. However, twilight is itself of doubtful status we don’t know whether twilight is Shabbat or not. Since it is doubtful whether tithes needed to be separated and it is doubtful whether it is even Shabbat at all, the law is lenient (see Shabbat 2:7)

ומברכין עליו – the prayer after the meal/ברכת המזון.

And if he took out second tithe from it before the first tithe, it doesn’t matter. Normally, tithes must be separated in the correct order. However, when it comes to demai, this is not critical.

ומזמנין עליו – and even though he ate while sinning hat he wasn’t poor, for if he wanted he could declare ownerless all his possessions and he would be poor and it would be appropriate for him.

The oil with which the weaver greases his fingers is liable to [the rules of] demai, but [the oil] which the wool-comber puts on the wool is exempt from [the rules of] demai. The final mishnah of the chapter is concerned with soaking or greasing something with oil. The rule is that if the oil is used on a person’s skin, then tithes must be separated even from demai, because rubbing oil on one’s skin (anointing) is considered like drinking. Therefore, the weaver who uses oil to grease his skin must first separate tithes. However, if the oil is used for vessels (see above mishnah three) then it is exempt. Therefore, demai-oil used by a comber on wool is exempt.

ומפרישין אותו ערום – when he comes to separate from it the heave-offering of the tithe [for the Levite] and he Second Tithe, he is able to separate it and he is naked and does not need to make a blessing, for if he made a blessing, we require (Deuteronomy 23:15): “let your camp be holy,” but it is not.

בין השמשות – on the eve of the Sabbath, for when it doubtfully dark we tithe the doubtfully tithed, but we don’t tithe that which is definitely tithed.

אם הקדים מעשר שני לראשון – if he separated out the Second Tithe prior to his separating out the First Tithe in order to take the heave-offering of the tithe that is in it, it does not matter. What is not the case regarding definitely tithed where it teaches in the Mishnah (Tractate Maaser Sheni, Chapter 5, Mishnah 11) (Deuteronomy 26:13): “just as you commanded me,” but if he separated Second Tithe prior to the First [Tithe], he is not able to confess (Deuteronomy 26:5-10).

הגרדי – the weaver.

חייב בדמאי – for on his body he gives it and anointing is considered like drinking.

והסורק (the wool comber) – with a comb he places on the wool it is like oil to anoint/pour oil the utensils and he is exempt from tithing that which is doubtfully tithed.