פירוש על דמאי 1:10

הקלין שבדמאי – that the Sages were lenient with regard to these produce which are mentioned in our Mishnah to not tithe what is doubtfully tithed, because their presumption is that they come from that which is ownerless because they are not important and they have two aspects of doubtfulness: there is a doubt that they come from that which is ownerless and they are exempt from the tithes. And even if you can say that they come from what is guarded and are liable for tithes perhaps they were tithed. Butדמאי /doubtfully tithed produce are the grain and the fruit that are taken from those who are not observing certain religious customs regarding tithes for they are suspect on tithing. But a חבר/member of the order for the observance of Levitical laws in daily intercourse who purchases produce from those who are not observing certain religious customs regarding tithes/עמי הארץ must separate from them only the heave-offering of the tithe and the Second Tithe if it is the year of the Second Tithe (i.e., years 1, 2, 4 and 5 of the seven-year cycle), but [regarding] תרומה גדולה/the Great Tithe (i.e., two percent) those who are not observing certain religious customs regarding tithes are not suspected [of violating] because it [is punishable] by death, and there is no limit/definite quantity or size that one piece of wheat can exempt all of the pile and everyone is careful concerning it. But First Tithe and the Tithe of the Poor there is no need to remove from that which is doubtfully tithed even though those who do not observe certain religious customs regarding tithes are suspected of [not observing] them, because the owner of the produce can say to the Levite or to the poor person who come to take the tithes: “bring proof that this produce is tithed and take it,” for we hold in every place (see Tractate Bava Kamma, Chapter 3, Mishnah 11): “He who wants to exact [compensation] from his fellow bears the burden of proof.” But [regarding] the heave-offering of the tithe, one doesn’t say this, for a person who eats produce that is forbidden pending the separation of sacred gifts that were not separated from it is liable for death and because of the prohibition, we separate out for the heave-offering of the tithe, and also Second Tithe in order that they will not consume it in a state of ritual impurity, or that they should not eat it outside of Jerusalem.

The [following] are treated leniently in regard to [the rules of] demai: unripe figs, wild jujuba, azarolus, wild white figs, young sycamore figs, fallen dates, fennel and capers.
In Judea also sumac, Judean vinegar, and coriander.
Rabbi Judah says: all unripe figs are exempt, except for those from a tree that bears fruit twice a year. All wild jujuba are exempt, except the wild jujuba of Shikmonah. All young sycamore figs are exempt, except those that have been scarified.
As I explained in the introduction, when one purchases produce from an am haaretz, one must suspect that he did not separate tithes. This produce is called demai. Our mishnah teaches that with regard to certain types of produce the rules of demai don’t apply. This is because these things are not important items and are usually left out in the fields for anyone to take. They are “ownerless” or “hefker” and anything that is ownerless is exempt from the laws of terumah and tithes in the first place. Therefore, we assume that the am haaretz gathered this produce from ownerless property and hence it was never liable to be tithed.
Sections one and two: This is a list of things that are usually left ownerless, as I explained in the introduction above. One who purchases one of these things from an am haaretz need not separate tithes from them. I must confess, I do not know exactly what all these things are.
Section three: Rabbi Judah limits the list found in section one. Unripe figs that come from a tree that bears fruit twice a year are subject to the laws of demai. Evidently, these figs are good, and are not left ownerless. So too the wild jujuba of Shikmonah, a place near Haifa, is good. Finally, young sycamore figs that have been scarified to hasten their ripening are good figs and are not left ownerless.

השיתין – desert/wild figs.

הרימין (lote) – it is explained in the Arukh as POLTZARA”KI in the foreign language.

והעוזרדין (sorb-apply/crab-apple) – In Arabic ZA’A’RUD, and in the foreign language SORBISH.

ובנות שוח – white figs that grow every three years , and grow in the forests.

ובנות שקמה (young sycamore trees) – a fig that is grafted with a platanus.

ונובלות תמרה – dates which do not ripen on the tree and they detach them and place them one upon the other until they ripen. But there are those who say that the inferior quality of dates are dates that the wind blew them down prior to their ripening.

גופנים (late grapes) – grapes that they place them in the vine at the end of the harvesting season and they ripen with difficulty.

הנצפה – caper-bush that they call in the foreign language KAIPRI.

האוג (red berry of the Venus summachtree) – a red fruit that we call in the foreign language KORNIOLI. But Maimonides says that it is a tree that makes a kind very red clusters of grapes, and we call them in the foreign language SUMMACH. But this fruit was not important in Judea.

והחומץ – at first, the wine that was in Judea would not ferment because they would bring from it libations and all the vinegar that was in Judea was not in it but rather from the husks and stalks of (pressed) grapes, seeped in water,, used ass an inferior wine; therefore the vinegar in Judea is exempt [from tithing]. But after the libations were abolished and the vinegar came from the wine, the vinegar was liable for being doubtfully tithed even in Judea like in the rest of the places.

והכוסבר (coriander) – like (Exodus 16:31): “[The house of Israel named it manna;] it was like coriander seed, [white and it tasted like wafers in honey];” the Jerusalem Targum calls כוסבר – KOLIANDARO in the foreign language.

דיופרא (a species of figs) – bearing its fruit twice a year. דיו in the Greek language is “two.”

שקמונה – name of a place.

המוסטפוס (fruit burst open – naturally or through scarification) – that ripened on the tree until it burst open from on its own. For all of these are important and their presumption is that they don’t come from something ownerless. But the Halakha is not according to Rabbi Yehuda.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

[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.

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.

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.

הלוקח לזרע – he purchased grain to sow it, he is exempt [from tithes] with doubtfully tithed produce, whereas eatables which ae forbidden pending the separation of sacred gifts, is definitely prohibited to sow [with them].

Introduction This mishnah teaches that the rules of demai apply only to cases where a person bought produce from an am haaretz in order to use it for food. If he bought the produce for another purpose, such as to feed his animals, then he need not separate out tithes.

ולבהמה – he purchased from the beginning to feed his cattle he is exempt [from tithing] that which is doubtfully tithed. But if he purchased from the beginning for humans and changed his mind regarding it [and gave it] to his cattle, he is liable to tithe that which is doubtfully tithed.

If a man bought [grain from an am haaretz] to be used for seed or for animal [feed], flour for hides, oil for a lamp, or oil for greasing utensils, it is exempt from [the rules of] demai. In these scenarios a person buys produce from an am haaretz but does not intend to use it as food. The mishnah rules that he need not separate tithes because even in cases of produce that has definitely not been tithed but is to be used for non-food, there is only a rabbinic law mandating that tithes be separated. From the Torah, such produce is exempt from tithes.

וקמח לעורות – to tan the hides.

[Produce grown] beyond Cheziv and north is exempt from [the rules of] demai. Cheziv, or Achziv (Joshua 19:29), is in the northern part of Israel and is not considered to be part of the land of Israel. Produce from Cheziv and north is exempt from tithes, and certainly the laws of demai do not apply.

מכזיב ולהלן – Keziv is the end of the place where those who came up from Babylonia conquered and from there and onwards, those who came up from Egypt conquered, but those who came up from Babylonia did not conquer, but they were not liable for [tithing] doubtfully tithed produce other than from those lands that those who came up from Babylonia conquered alone, therefore from Keziv and onwards is exempt from [tithing] that which is doubtfully tithed, and we don’t worry that perhaps from the produce of the Land [of Israel] that those who came up from Babylonia brought there, for the presumption of that which is outside the Land [of Israel] is exempt until it is known to you that it is liable, and the presumption of the Land of Israel is that it is obligatory until it is known to you that it is exempt.

The hallah of an am haaretz, produce mixed with terumah, produce bought with second tithe money, and the leftovers of minhah offerings are exempt from [the rules of] demai. There are four things listed in this section each of which is exempt from the rules of demai. 1. Hallah is a part of the dough separated and given to the priest (we shall have an entire tractate on this subject). The mishnah refers to the hallah of an am haaretz that he separated and gave to a priest. 2. Produce mixed with terumah refers to non-sanctified produce of an am haaretz that becomes mixed up with terumah. This mixture can only be eaten by priests. 3. Produce bought from an am haaretz with second tithe money. 4. The left-over minhah offerings of an am haaretz. In the Talmud Yerushalmi there is a debate over why these things are exempt from demai. According to one opinion, when the rabbis decreed that one must separate tithes from produce bought from an am haaretz, they did not include these things in the decree. The other opinion is that because these things have some extra holiness, we can assume that the am haaretz would have tithed them.

חלת עם הארץ – that the kneader/baker who is a member of the order for the observance of Levitical laws in daily intercourse prepared for him and wants to give to it to a Kohen who is a member of the order of Levitical laws in daily intercourse is exempt from tithing.

Oil spiced [with spices from an am haaretz]: Bet Shammai makes it liable [to the rules of demai]. But Bet Hillel exempts it. According to Bet Shammai, although spiced oil is meant for anointing and not for food, it is still subject to the laws of demai. According to Bet Hillel, it is exempt.

והמדומע – a person who does not observe certain religious customs concerning tithes that fell to him a Seah of heave-offering in less than one-hundred Seah of unconsecrated produce, that everything became mixed in proportions sufficient to make the whole prohibited to non-priests, that is to say, a mixture of heave-offering and he gives everything to a Kohen, he is exempt from tithing that which is doubtfully tithed.

והלקוח בכסף מעשר – that he acquired doubtfully tithed produce with the monies of Second Tithe, whether they are the monies of Second Tithe of produce doubtfully tithed or with the monies of Second Tithe that are definitely [tithed], he is exempt from tithing.

ושירי מנחות – that the person who takes a handful of the meal offering which the priest takes to be put on the altar and the left-overs are eaten by the Kohen and we don’t worry that perhaps a person who does not observe certain religious customs concerning tithes (i.e., an עם הארץ) brings something that is not legally fit for use by giving the priestly dues.

שמן ערב (spiced oil) – balsamum oil, and there are those who interpret olive coil that is combined with myrrh and aloe and spices.

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.