Il rabbino Meir afferma: “[In un caso di] ciò che è consuetudine misurare in grandi quantità ma è stato misurato in piccole quantità, le piccole quantità sono di secondaria importanza rispetto alle grandi quantità. [Nel caso di] ciò che è consuetudine misurare in piccole quantità, ma che è stato misurato in grandi quantità, la grande quantità è di secondaria importanza per il piccolo. Qual è una misura grande? In secco [produce], tre Kavin [unità specifica di volume], e in umido [produce], un Dinar [unità specifica di denaro]. ” Il rabbino Yosi dice: "Cestini di fichi e cestini di uva e un mucchio di verdure, ogni volta che vengono venduti per approssimazione, sono esenti".
Bartenura on Mishnah Demai
את שדרכו להמדד בדקה ומדדו בגסה – we have the reading.
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English Explanation of Mishnah Demai
Introduction
This mishnah is a direct continuation of yesterday’s. At the end of mishnah four we learned that one who sells produce in small measures cannot sell demai, but rather must separate out the tithes before he sells. In contrast, one who sells in large measures can sell demai without separating the tithes, under the assumption that he sells a little extra so that the buyer can separate the tithes himself.
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Bartenura on Mishnah Demai
טפילה דקה לגסה (the small quantity is subject to the [rules governing] large quantities) – and he is exempt [from tithing doubtfully tithed produce] when he sells in bulk and we don’t say since that it is his manner to be accustomed to small amounts, he is liable [to tithe doubtfully tithed produce] when he measures with bulk/large quantities.
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English Explanation of Mishnah Demai
Rabbi Meir says: [if produce] which is usually measured out [for sale] in a large [quantity] was measured out in a small [quantity], the small quantity is treated as if it was a large [quantity]. If [produce] which is usually measured out for sale in a small [quantity] was measured out in a large [quantity], the large [quantity] is treated as if it was a small [quantity]. Rabbi Meir says that something that is normally sold in large quantities, such as grain, is treated as such even in the isolated case in which it was sold in a small quantity. Since it is normally sold in large quantities, one can always sell it demai, even if he is selling a small quantity. The opposite also holds true. If something that is normally sold in small quantities is sold in an isolated case in a large quantity, it is treated as if it was sold in a small quantity and one has to tithe it before selling it. To Rabbi Meir the rule is determined by the nature of that which is being sold, and not by the details of the individual case.
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Bartenura on Mishnah Demai
ובלח דינר – a measure that has what is worth a Denar, because the measure was not known for that which was wet, for the market price always changes, therefore, they estimated in monetary value.
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English Explanation of Mishnah Demai
What is considered a large quantity? For dry [produce] three kavs, and for liquids, the value of one dinar. Three kavs is about three liters. It seems that a “large amount” is not that actually that largeAlso, a dinar is not a particularly large sum of money. The threshold for being considered a “large quantity” seems to be quite low.
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Bartenura on Mishnah Demai
אכסרה (in a lump) – not by measure and not by weight but rather according to an estimation, and he is exempt [from tithing doubtfully tithed produce] for it is like one is selling in bulk. But the Halakha is not according to Rabbi Yossi.
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English Explanation of Mishnah Demai
When one sells baskets of these types of produce (figs, grapes and vegetables) the exact amount in the basket is not precise. Therefore the seller can sell them while they are still demai, under the assumption that he throws a little extra in so that the buyer can separate the tithes on his own.
