Комментарий к Дмай 6:8
שְׁנַיִם שֶׁקִּבְּלוּ שָׂדֶה בַאֲרִיסוּת, אוֹ שֶׁיָּרְשׁוּ אוֹ שֶׁנִּשְׁתַּתְּפוּ, יָכוֹל הוּא לוֹמַר, טֹל אַתָּה חִטִּים שֶׁבְּמָקוֹם פְּלוֹנִי וַאֲנִי חִטִּים שֶׁבְּמָקוֹם פְּלוֹנִי, אַתָּה יַיִן שֶׁבְּמָקוֹם פְּלוֹנִי וַאֲנִי יַיִן שֶׁבְּמָקוֹם פְּלוֹנִי. אֲבָל לֹא יֹאמַר לוֹ, טֹל אַתָּה חִטִּים וַאֲנִי שְׂעוֹרִים, טֹל אַתָּה יַיִן וַאֲנִי אֶטֹּל שָׁמֶן:
Двое, которые получили поле в качестве долевых культур или унаследовали [это] или присоединились в качестве партнеров, один может сказать другому: «Вы берете пшеницу из того-то и такого-то района, а я пшеницу из того-то и такого-то района, вы [возьми] вино из того-то района, а я - из того-то ». Однако он может не сказать ему: «Вы берете пшеницу, а я ячмень, вы берете вино, а я - масло».
Bartenura on Mishnah Demai
טול אתה חטין שבמקום פלוני – here we are speaking that they divided a field when its crop is full grown (i.e., when it is with its standing crop) and grapes that are attached in the vineyard, therefore, there is a choice and we say: “this is his half that reaches [up to here] the one who separates tithes - tithes his [own] and that is enough. But above (i.e., in Mishnah 7), we are dealing with his part that is detached from the ground and there is no choice, for each and every stalk belongs to sharing partners and he needs to tithe on the portion of his colleague that is in his hand.
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English Explanation of Mishnah Demai
Introduction
In today’s mishnah we learn how someone who does tithe may enter into a partnership over land with someone who does not tithe, without having to tithe all of the produce for himself, thereby incurring a significant loss.
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Bartenura on Mishnah Demai
אבל לא יאמר לו טול אתה חטין ואני שעורים – for one cannot say here that this is his portion that reaches him rather, that it is like they exchange with each other, and it is found that this one that tithes sells his portion to someone who does not tithe.
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English Explanation of Mishnah Demai
Two men who rented a field [for a share in the produce], or inherited [a field], or became partners in it: the one [who tithes] may say to the other [who does not tithe], “You take the wheat which is in this place and I will take the wheat which is in that place.” Or, “You take the wine which is in this place and I will take the wine which is in that place.” There are three scenarios in this mishnah and in all three a person who does tithe has become a partner in a field with someone who does not tithe. For obvious reasons, the person who tithes does not want to end up paying for his partner’s tithes. What the one who tithes can do is declare that he will take the wheat from one place, or the wine from one place and then his partner will take the wheat or wine from the another place in the field. In this case we say that when the one who tithes receives his wheat or wine, he is getting only from his share and not from that of his partner.
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English Explanation of Mishnah Demai
But he may not say to him: “You take the wheat and I will take the barley,” or, “You take the wine and I will take the oil.” However, what he can’t do is separate the field by species or by type, saying that he will take the barley and his partner the wheat, or that he will take the oil and the other will take the wheat. The problem with this is that both of them own a share in all of the produce and therefore we cannot pretend that one person owns only the wheat and not the barley, or just the oil and not the wine. It is interesting that the mishnah seems to want to allow people who tithe and don’t tithe to enter into partnerships together, without causing a financial loss to the one who tithes. Perhaps we can detect a reality here in which people who were more religiously scrupulous than others had to live side by side. If so, the rabbis were searching for a way for a person to remain true to his ideals (one should tithe) without it costing him an exorbitant amount of money.
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