Komentarz do Demaj 3:5
הַנּוֹתֵן לְפֻנְדָּקִית, מְעַשֵּׂר אֶת שֶׁהוּא נוֹתֵן לָהּ, וְאֶת שֶׁהוּא נוֹטֵל מִמֶּנָּה, מִפְּנֵי שֶׁחֲשׁוּדָה לַחֲלֹף. אָמַר רַבִּי יוֹסֵי, אֵין אָנוּ אַחֲרָאִין לָרַמָּאִין, אֵינוֹ מְעַשֵּׂר אֶלָּא מַה שֶּׁהוּא נוֹטֵל מִמֶּנָּה בִּלְבָד:
Ten, kto daje [swoją dziesięcinę] karczmarzowi [aby mogła go dla niego przygotować], musi oddawać dziesięcinę z tego, co jej daje iz tego, co otrzymuje [z powrotem] od niej, ponieważ jest podejrzewana o wymianę [jej Demai na jego dziesięcina]. Powiedział rabin Yossi: „Nie jesteśmy odpowiedzialni za oszustów; on nie daje dziesięciny z wyjątkiem tego, co wyłącznie od niej otrzymuje”.
Bartenura on Mishnah Demai
פונדקית – mistress of the inn and those who travel on the way lodge with her [at the inn].
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English Explanation of Mishnah Demai
Introduction
This mishnah deals with a person who is at an inn and gives the innkeeper produce for her to cook and prepare for him.
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Bartenura on Mishnah Demai
מעשר את שהוא נותן לה – a person who is a member of the order for the observance of Levitical laws in daily intercourse doesn’t release anything from his hand that is not made legally fit for use by giving the priestly dues.
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English Explanation of Mishnah Demai
One who gives [produce] to an innkeeper [to prepare it for food], he must tithe what he gives to her and what he takes back from her, because she is suspected of exchanging it [with her own produce]. The innkeeper is suspected of exchanging the produce that the guest gives her for lesser quality produce that belongs to her. Occasionally, if she is generous, she may even do the opposite, exchanging the lower quality produce that she receives for higher quality stuff. In any case, we must suspect that she doesn’t tithe her own produce. Therefore, whatever the guest gives to her he should first tithe, lest she eat the untithed produce herself. According to this opinion, a person is responsible to make sure that he doesn’t cause others to transgress. The guest must also tithe anything that he gets from her, under the assumption that she did not already tithe it.
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Bartenura on Mishnah Demai
ואת שהוא נוטל ממנה – for even though someone not observing certain religious customs concerning tithing is not suspected of exchanging as we stated above (in Mishnah 4), the mistress of an inn is suspected of exchanging, which she intends for good and gives from her own which is better to a person who is a member of the order for the observance of Levitical laws in daily intercourse, for she says to her heart that it appropriate that I will feed from own which is worm and good to a member of the order for the observance of Levitical laws in daily intercourse and I will take his which is cold and worse.
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English Explanation of Mishnah Demai
Rabbi Yose said: we are not responsible for deceivers. Rather, he must tithe only that which he takes from her. Rabbi Yose says that we shouldn’t be concerned with this woman eating untithed produce because if she eats the produce that he gave her to cook for him, she is a deceiver and we are not responsible to prevent deceivers from sinning. Therefore, he doesn’t need to tithe the produce that he gives her if she eats it untithed that’s her problem. He does, of course, still have to tithe that which she gives him to eat.
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Bartenura on Mishnah Demai
אין אנו אחראין לרמאין – that is to say, the responsibility of deceivers is not upon us to guard them that they will not eat something that is not tithed. Therefore he does not tithe what he gives her (i.e., the mistress of the inn) and if the mistress of the inn acquires it for herself and to eat it when it is not legally fit for use by giving the priestly dues, the person who is a member of the order for the observance of Levitical laws in daily intercourse has nothing from this and does not tithe other than what he takes alone. But Rabbi Yossi holds that she intends to steal. But the Halakha is not according to Rabbi Yossi.
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