Mishnah Demai
משנה דמאי
Mishnah Yomit by Dr. Joshua Kulp
http://learn.conservativeyeshiva.org/mishnah/

Mishnah Demai



Chapter 1

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.
The [second tithe of] demai is not subject to [the rules of adding a] fifth. It has no mandated time of removal. It may be eaten by an onen. It may be brought into Jerusalem and taken out again. They may allow a small amount to be lost on the road. One may give it to an am haaretz and consume its equivalent in Jerusalem. [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.
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. [Produce grown] beyond Cheziv and north is exempt from [the rules of] demai. 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. Oil spiced [with spices from an am haaretz]: Bet Shammai makes it liable [to the rules of demai]. But Bet Hillel exempts it.
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]. And if he took out second tithe from it before the first tithe, it doesn’t matter. 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.

Chapter 2

The following things must be tithed as demai in all places: pressed figs, dates, carobs, rice, and cumin. As to rice from outside the land [of Israel], whoever uses it is exempt from tithing it.
One who accepts upon himself to be trustworthy (ne’eman), must tithe whatever he eats and whatever he sells and whatever he buys, and he may not be the guest of an am haaretz. Rabbi Judah says: even one who is the guest of an am haaretz can still be considered trustworthy. They said to him: He is not trustworthy in respect of himself! How can he be considered trustworthy in respect of others?
One who takes upon himself to become a “chaver” may not sell to an am haaretz either moist or dry [produce], nor may he buy from him moist [produce], nor may he be the guest of an am haaretz, nor may he host an am haaretz as a guest while [the am haaretz] is wearing his own garment. Rabbi Judah says: he may not also raise small animals, nor may make a lot of vows or merriment, nor may he defile himself by contact with the dead. Rather he should be an attendant at the house of study. They said to him: these [requirements] do not come within the general rule [of being a chaver].
Bakers the sages did not obligate them to separate [from demai produce] any more than suffices for terumat maaser and for hallah. Grocers may not sell demai [produce]. All [merchants] who supply in large quantities may sell demai. Who are those who supply in large quantities? Those such as wholesalers and grain-sellers.
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]. What is considered a large quantity? For dry [produce] three kavs, and for liquids, the value of one dinar. Rabbi Yose says: baskets of figs, baskets of grapes, and bushels of vegetables when he sells them in lumps, they are exempt [from the rules of demai].

Chapter 3

They may feed demai to the poor and to guests (alt. passing troops). Rabban Gamaliel used to feed demai to his workmen. [As for] charity collectors: Bet Shammai says: they should give tithed [produce] to one who doesn’t tithe, and untithed [produce] to one who does tithe. In this way it will turn out that every one will eat [produce] that has been fixed (tithed). But the sages say: they may collect indiscriminately and distribute indiscriminately. And one who wishes to fix [his produce by tithing it], let him fix it.
One who wants to cut off leaves of vegetables in order to lighten his burden, he may not throw them down until he has [first] tithed them. One who takes vegetables from the market [with the intention of buying them], and then decides to put them back, he should not put them back until he has [first] tithed them, for nothing is missing [after they are tithed] except for their quantity. But if he was standing [there and deciding what to] buy and then saw another load of better quality, he may put them back [untithed], since he had not yet drawn them into his possession.
If one finds produce on the road and picks it up in order to eat it, and then decides to hide it, he may not hide it unless he has [first] tithed it. But if from the outset he picked it up only in order to guard it against being destroyed, he is exempt [from tithing it]. Any produce which one may not sell [in the condition of] demai, he may not send it [as a gift] to his friend [in the condition of] demai. Rabbi Yose permits [one to send as a gift produce] that is certainly untithed, on condition that he makes the matter known to the recipient.
One who takes his wheat to a Samaritan miller or to an am haaretz miller, [the wheat when ground] retains its former status in respect of tithes and the law of seventh year produce. [But if he carried it] to a Gentile miller, [the wheat when ground has the status of] demai. One who deposited his produce with a Samaritan or am haaretz, [the produce] retains its former status in respect of tithes and the law of seventh year produce. [But if he left it] with a Gentile, it is like the produce of the Gentile. Rabbi Shimon says: [it becomes] 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]. Rabbi Yose said: we are not responsible for deceivers. Rather, he must tithe only that which he takes from her.
One who gives [produce] to his mother-in-law [to prepare it], he must tithe what he gives to her and what he takes back from her, because she is suspected of changing any [food] which has spoiled. Rabbi Judah said: she desires the welfare of her daughter and is ashamed [of serving spoiled food] to her son-in-law. Rabbi Judah agrees [with the other sages] that if one gives his mother-in-law seventh year produce, she is not suspected of changing it and giving her daughter to eat of seventh year produce.

Chapter 4

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.
One who vowed [that his friend could not benefit from him] unless he eats with him, and the friend does not trust him in respect of tithes, he may eat with him on the first Shabbat even though he does not trust him in respect of tithes, provided that his friend said to him that the food had been tithed. But on the second week, even though he had vowed that he would not benefit from him, he may not eat with him unless he first tithed [the produce].
Rabbi Eliezer says: a man need not designate the poor man’s tithe of demai. But the sages say: he must designate it, but he need not separate.
One who had designated the terumat maaser of demai, or the poor man’s tithe of produce that had certainly not been tithed, he should not separate them on Shabbat. But if the priest or the poor man regularly ate with him, they may come and eat provided that he informs them.
One who says to another who is not trustworthy in respect of tithes: “Buy [produce] for me from one who is trustworthy or from one who gives tithes,” [the messenger] may not be trusted. “Buy it for me from so-and-so,” he is to be trusted. If he went to buy it from him [and then came back] and said: “I did not find him, so I bought for you from another man who is trustworthy,” he may not be trusted.
One enters a city and doesn’t know anyone. He says: “Who here is trustworthy? Who gives tithes here?” One person one responds: “I am.” He may not be trusted. [But if] he replied: “So-and-so is trustworthy,” he may be trusted. He went to buy from so-and-so, and he asked him: “Who here sells aged produce?” and so-and-so replied: “He sent you to me,” though they appear to be repaying each other, they may be trusted.
If donkey-drivers entered a city and one of them declared: “My produce is new but my friend’s produce is old,” or, “My produce has not been tithed but my friend’s produce has been tithed,” they may not be trusted. Rabbi Judah says: they may be trusted.

Chapter 5

One who buys bread from a baker how should he tithe? He should take sufficient for the terumat maaser and for hallah and say: “A hundredth part of what is here shall be tithe on this side, and what is nearest to it shall be the rest of the tithe. That which I made tithe will become terumat maaser for the rest, the remainder will be hallah, and the second tithe tithe is to the north or to the south of it and that will be exchanged for money.”
One who wishes to separate terumah and the terumat maaser together:He should take one thirty third and say: One hundredth part of what is here, on this side is non-sacred produce (hullin), and the rest shall be terumah for the whole. And the one hundred parts of non-sacred produce which is here on this side shall be tithe, and the rest that is next to it is tithe. That which I made tithe shall become the terumat maaser for it. The remainder will be hallah, and the second tithe tithe is to the north or to the south of it and that will be exchanged for money.”
One who bought [bread] from a baker, he may give tithe from hot bread for cold bread or from cold bread for hot bread, even when they are of various moulds, the words of Rabbi Meir. Rabbi Judah prohibits it, because I say that yesterday’s wheat was bought from one man and today’s wheat from another man. Rabbi Shimon prohibits it in the case of terumat maaser, but permits it in the case of hallah.
If one bought from a bread seller he must tithe every mould [separately], the words of Rabbi Meir. Rabbi Judah says: he may give tithes from one mould for all the others. But Rabbi Judah agrees that one who bought from a monopolist he must tithe every mould [separately].
One who buys from a poor man, and similarly a poor man to whom they given slices of bread or pieces of fig-cake, he must tithe every piece. But in the case of dates and dried figs he may mix them together and take [the tithes from the mixture]. Rabbi Judah said: When is this so? When the amount [of dates or dried figs] given to the poor man was large; but when the amount was small, he must tithe each separately.
One who buys from a wholesaler, and then buys from him again, he may not give tithes from the one [purchase] for the other, even when both came from the same basket and even from the same kind. But the wholesale merchant may be trusted if he says that both came from the same one.
One who buys from a field owner, and then buys from him again, he may give tithes from the one [purchase] for the other, even when [the purchases come] from two baskets and even from two towns. A field owner who was selling vegetables in the market: when he brings them from his garden, he may tithe from one for all; But [if he brings them] from other gardens, he must tithe each lot separately.
One who buys untithed produce from two places, he may tithe from one lot for the other. Although they have said one may not sell untithed produce except in the case of necessity.
They may give tithes from produce from a Jew for produce [bought] from a Gentile, from produce [bought] from a Gentile for produce from a Jew, from produce [bought] from a Jew for produce [bought] from Samaritans, and from produce [bought] from Samaritans for produce [bought] from [other] Samaritans. Rabbi Eliezer prohibits [tithing] from produce [bought] from Samaritans for produce [bought] from [other] Samaritans.
A perforated pot is considered like land. If one gave terumah from [produce grown in] the soil for [produce grown in] a perforated pot, or from [produce grown in] a perforated pot for [produce grown in] the soil, his terumah is terumah. [If he gave terumah] from [produce grown in] a pot that was not perforated for [produce grown in] a pot that was perforated, [it is] terumah, but he must go back and give terumah again. [If he gave terumah] from [produce grown in] a perforated pot for [produce grown in] a pot which was not perforated, [it is] terumah, but it may not be eaten until he first gives terumah and tithes for it.
If one gave terumah from [produce of] demai for [other produce of] demai, or from [produce of] demai for [produce] which was certainly untithed, [this becomes] terumah, but he must give terumah over again. [If he gave terumah] from [produce] which was certainly untithed for [produce of] demai, [this becomes] terumah, but it may not be eaten until he first gives terumah and tithes for it.

Chapter 6

One who has received a field from a Jew, or from a Gentile, or from a Samaritan [for a share in the produce], he divvies up the produce in front of them [without first separating tithes]. One who has hired a field from a Jew [for a fixed amount from the produce], he first gives terumah [from the rental] and then gives it to him (the field owner). Rabbi Judah said: When is this so? When he pays him [the rental with produce] of the same field and of the same kind; but when he pays him with the produce of another field or of another kind, he must [also] tithe [the rental first] and then give it to him.
One who has hired a field from a Gentile [for a fixed amount from the produce], he first gives tithes [from the rental] and then gives it to him (the field owner). Rabbi Judah says: even if one rented from a Gentile a field which had formerly belonged to his fathers [for a share in the produce], he first gives tithes and then gives it to him.
A priest or a Levite who rented a field from an Israelite [for a share in the produce], just as they divide the non-sacred produce, so they divide the terumah. Rabbi Eliezer says: the tithes belong to them (the tenants), for they entered the field with this expectation.
If an Israelite rented a field from a priest or from a Levite [for a share in the produce] the tithes belong to the owners [of the field]. Rabbi Ishmael says: if a city dweller [from outside of Jerusalem] rented a field from a Jerusalemite, the second tithe belongs to the inhabitant of Jerusalem. But the sages say: the city dweller may go up and eat the second tithe in Jerusalem.
[An Israelite] who rents olive trees [from a priest or a Levite] for [a share in the] oil: just as they divide the non-sacred produce, so they divide the terumah. Rabbi Judah says: an Israelite who rented [olive trees] from a priest or a levite for the oil for a share of half the profit, the tithes belong to the owner.
Bet Shammai says: a man may sell his olives only to a “chaver (an ‘associate’).” But Bet Hillel says: [one may sell them] even to one who only] tithes. And the pious among Bet Hillel used to act in accordance with the words of Bet Shammai.
Two gathered [the fruit of] their vineyards into one winepress, one of whom tithes and the other does not tithe the one who tithes may tithe his own share and his share wherever it may be.
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.” 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.”
A chaver (rabbinic associate) and an am haaretz who inherited [the property of] their father who was an am haaretz, he (the chaver) may say to him (the am haaretz): “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.” 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,” or: “You take the moist produce and I will take the dry produce.”
A convert and a gentile who inherited [the property of] their father, a gentile: he (the convert) can say [to his brother the gentile]: “You take the idols and I will take the money,” or: “You take the wine and I will take the produce.” But from the time [that any part of the inheritance] came into the possession of the convert, he is forbidden [to say so].
One who sells produce in Syria and declared “It was grown in the land of Israel,” the purchaser must tithe it. [But if he also said], “It has been tithed,” he may be trusted, because the mouth that forbade is the same mouth that permitted. [If he said: The produce is] from my own field,” the purchaser must tithe it. [But if he added:] “It has already been tithed,” he may be trusted, because the mouth that forbade is the same mouth that permitted. If it was known that he had a field in Syria, the purchaser must tithe it.
If an am haaretz said to a chaver, “Buy me a bundle of vegetables,” or: “Buy me a loaf of bread,” the chaver may buy it without checking [whether it had been tithed], and he is exempt [from tithing it]. But if the chaver said: “This one I am buying for myself and this one for my friend,” and they got mixed up, he must tithe [them both], even if there were one hundred [for the am haaretz.]

Chapter 7

One who invites his friend [before Shabbat] to eat with him [on Shabbat], and [his friend] does not trust him in respect of tithes, [the friend] may say on the eve of Shabbat, “What I will set apart tomorrow, behold it shall be tithe, and what is nearest to it shall be the rest of the tithe. That which I made tithe will become the terumah of the tithe for the whole, and the second tithe is to the north or to the south and it shall be exchanged for money.”
They pour him a cup [of wine on the sabbath], he says: “What I will leave at the bottom of the cup shall be tithe, and what is nearest to it shall be the rest of the tithe. That which I made tithe shall become terumat maaser for the whole, and second tithe is at the mouth of the cup, and it is exchanged for money.
A worker who does not trust his employer [in respect of tithes], may take one dried fig and say: “This one and the nine which come after it shall become tithe for the ninety which I shall eat. This one shall become the terumat maaser for them, and the last ones shall be second tithe which shall be exchanged for money.” And he must put aside one dried fig. Rabban Shimon ben Gamaliel says: he does not put one aside, because this reduce the work for his employer. Rabbi Yose says: he does not put one aside, because this is a court stipulation [imposed upon the employer].
One who buys wine among Samaritans, he may say: “Two logs which I shall set apart shall be terumah, ten logs tithe, and nine logs second tithe.” He may then pour the wine and drink it.
He had figs of tevel in his house, and he is in the house of study or in the field: he may say: “The two figs which I shall set apart shall be terumah, ten figs shall be first tithe, and nine figs second tithe.” If the figs were demai, he may say: “Whatever I shall separate tomorrow will be tithe, and the rest of the tithe is adjacent to it. That which I made tithe will become terumat maaser for the whole, and the second tithe is to the north or to the south and it shall be exchanged for money.”
There were before him two baskets full of tevel, and he said: “Let the tithes of this [basket] be in that [basket],” the first [basket] is tithed. [If he said:] “Let the tithes of this [basket] be in that [basket], and the tithes of that [basket] in this [basket],” the first basket is tithed [whereas the second is not]. [If he said:] “Let the tithes be so that the tithes of each basket be in the other,” he has designated [the tithes of either basket].
One hundred [parts of] tevel which [were mixed with] a hundred [parts of] common produce, one must take out a hundred and one [parts]. One hundred [parts of] tevel which [were mixed with] a hundred [parts of first] tithe, one must take out a hundred and one [parts]. One hundred [parts of] common produce from which tithes had been separated [were mixed with] a hundred [parts of] tithe, one must take out a hundred and ten [parts]. One hundred [parts of] tevel [were mixed with] ninety [parts of] tithe, or ninety [parts of] tevel [were mixed with] eighty [parts of] tithe, he has not lost anything. This is the general rule: whenever the tevel is the greater [portion of the mixture] he has not lost anything.
One who had ten rows each containing ten jugs of wine, and said: “One exterior row shall be tithe,” and it is not known which row [he meant], he must take two jugs [each from the ends of] a diagonal line. [If he had said:] “One half of one exterior row shall be tithe” and it is not known which half row [he meant], he must take four jugs from the four corners. [If he had said:] “One row shall be tithe,” and it is not known which row [he meant], he must take one [whole] row in a diagonal line. [If he had said:] “Half of one row shall be tithe,” and it is not known which half row [he meant], he must take two rows in a diagonal line. [If he had said:] “One jug shall be tithe,” and it is not known which jug [he meant],he must take from every jug.