Commentaire sur Makhshirin 2:10
הַמּוֹצֵא פֵרוֹת בַּדֶּרֶךְ, אִם רֹב מַכְנִיסִין לְבָתֵּיהֶן, פָּטוּר. וְלִמְכֹּר בַּשּׁוּק, חַיָּב. מֶחֱצָה לְמֶחֱצָה, דְּמַאי. אוֹצָר שֶׁיִּשְׂרָאֵל וְנָכְרִים מַטִּילִין לְתוֹכוֹ, אִם רֹב נָכְרִים, וַדַּאי. וְאִם רֹב יִשְׂרָאֵל, דְּמַאי. מֶחֱצָה לְמֶחֱצָה, וַדַּאי, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, אֲפִלּוּ כֻלָּם נָכְרִים וְיִשְׂרָאֵל אֶחָד מַטִּיל לְתוֹכוֹ, דְּמַאי:
[Si] on trouve des fruits sur la route: Si la plupart [des fermiers] les apportent normalement dans leurs maisons, ils sont exemptés [de Ma'aser et de Terumah ]; et [si la plupart des agriculteurs l'apportent] pour le vendre sur le marché, il est responsable [de Ma'aser et Terumah ]. [Si] c'est moitié-moitié, c'est Demai [produit dont on ne sait pas si la dîme a déjà été prélevée]. [S'il y a un entrepôt] dans lequel les Juifs et les Gentils déposent [leurs produits]: Si la majorité [des individus] sont des gentils [le produit] est certain [ Tevel - produits dont les dîmes et les dons sacerdotaux n'ont pas encore été prélevés] ; et si la majorité sont juifs, c'est Demai . [Si] c'est moitié-moitié c'est certain [ Tevel ], ce sont les paroles de Rabbi Meir. Mais les Sages disent: même si tous sont des Gentils et qu'un Juif y a déposé [produit] - c'est Démaï .
Bartenura on Mishnah Makhshirin
אם רוב מכניסין לבתיהן פטור - from tithing (see also Tractate Maaserot, Chapter 1, Mishnah 5).
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English Explanation of Mishnah Makhshirin
Introduction
Today's mishnah deals with finding produce in the mixed city and determining whether it needs to be tithed or not. Produce that has not been tithed generally may not be eaten once it is brought into one's home. However, under certain circumstances one may eat it while on the road.
Produce that might or might not have been tithed is called demai. We'll discuss some of these rules here but for a fuller exposition, look at the Introduction to Demai, as well as the Introduction to Maasrot.
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Bartenura on Mishnah Makhshirin
למכור בשוק חייב – that the majority brings [produce] to sell in the marketplace, it is from the house they bring it, and it is already liable [for tithing]. Another explanation: If the majority [of people] bring it into their homes, they are exempt [from tithing] because they regularly tithe prior to bringing it into the house in order that they would be able to eat from them [other than a snack/incidental meal]. For after they brought them into the house, they have immediately become susceptible for tithing. Therefore, what falls from them on the path/road is exempt from tithing, because it is under the presumption of having been tithed, but when they bring them [into the marketplace] to sell, it is the manner to bring them in as eatables forbidden pending the separation of sacred gifts/טבל, because one is able to eat from them an incidental meal/snack, therefore, that which falls from them is not under the presumption of being tithed.
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English Explanation of Mishnah Makhshirin
If one found produce on the road: If the majority [of the inhabitants] gathered produce into their homes, he is exempt [from tithes]; If [the majority gathered it] for selling in the market, he is liable [for tithes]; If they were half and half, the produce is demai. According to Maasrot 1:5 if a person was carrying produce to his home, he may eat of the produce untithed until he gets home. But if he was bringing it to market, it cannot be eaten untithed as long as the processing has been finished (which it assumedly has if it's being brought to the market). So what we need to determine here is whether the produce was being brought to market or being brought home. As with the other mishnayot, so too here we follow a majority. If the majority was bringing the produce to the market, then he must tithe what he found even if he is only eating of them in an extemporaneous fashion and not as part of a meal. In other words, we assume that this produce was being brought to market in which case all further eating is prohibited. If there is no majority, then the produce is deemed demai. He must tithe them even if he wants to eat them before he gets home.
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Bartenura on Mishnah Makhshirin
אם רוב נכרים ודאי – Rabbi Meir, according to his reasoning, who holds that there is no acquisition [of land] for heathens in the Land of Israel to release them from tithing, and produce that grew in the fields of heathens are liable for tithing, for the heathen simply did not tithe, therefore, they are definitely eatables forbidden pending the separation of sacred gifts/טבל.
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English Explanation of Mishnah Makhshirin
A granary into which both Israelites and non-Jews put their produce, If the majority were non-Jews, [the produce must be considered] certainly untithed; If the majority were Israelites, [it must be considered] demai; If they were half and half, [it must be considered] certainly untithed, the words of Rabbi Meir. But the sages say: even if they were all non-Jews, and only one Israelite put his produce into the granary, [it must be considered] demai. There is a granary full of grain and we need to know whether it has been tithed or not. If the majority are non-Jews then we can be sure it has not been tithed. A Jew who eats such grain must certainly tithe it. If the majority are Israelites, then it might have been tithed. We can't know for sure because some Jews, perhaps many Jews, do not tithe. Therefore it is demai, which means that one must take out terumah, terumat maaser (the terumah taken from tithes) and maaser sheni. These must be removed because an Israelite cannot eat them. However, he does not have to take out first tithe or poor tithe, because these can be eaten by an Israelite (see Intro to Demai). If the numbers are evenly split, then Rabbi Meir assumes that it certainly hasn't been tithed. The sages disagree with Rabbi Meir and hold that even if only one Jew puts grain into the granary, all of the grain must be considered demai and not certainly untithed produce. The sages hold that grain grown on land owned by non-Jews is not liable for tithes. If the granary was only non-Jewish grain, he wouldn't be obligated to tithe it at all. However, since one Jew puts his grain in there he must treat it as demai, because the sages hold that Jewish grain is not annulled in a greater quantity of non-Jewish grain.
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Bartenura on Mishnah Makhshirin
ואם רוב ישראל דמאי – according to the law of produce that is found in the hands of commoners [who are generally observing certain customs regarding tithes and Levitical uncleanness], that one needs to separate from them the tithe of the tithe (i.e., the tithe that the Levite gives to the Kohen) and the Second Tithe.
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Bartenura on Mishnah Makhshirin
וחכמים אומרים וכו' – the Sages hold that there is acquisition [of land] for heathens in the Land of Israel to release them from tithing. But there wasn’t an Israelite who would put [his produce] into it (i.e., the storage bin). Everything is doubtfully tithed, for the produce of that Israelite, for they (i.e., the produce) is liable [for tithing]. And the Halakha is according to the Sages.
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