2. Mishnah, Maasrot, 1.5-1.8, 2.2, 3.4-3.10, 4.2, 4.5 (1st cent. CE - 3rd cent. CE)
| 1.5. What is considered a “threshing floor” for tithes [i.e. when does produce become liable for tithes]?Cucumbers and gourds [are liable for tithes] once he removes their fuzz. And if he doesn’t remove it, once he makes a pile. Melons once he removes the fuzz with hot water. And if they he does not remove the fuzz, once he stores them in the muktzeh. Vegetables which are tied in bundles, from the time he ties them up in bundles. If he does not tie them up in bundles, until he fills the vessel with them. And if he does not fill the vessel, after he has gathered all that he wishes to gather. [Produce which is packed in] a basket [is liable for tithes] after he has covered it. If he is not going to cover it, until he fills the vessel with them. And if he does not fill the vessel, after he has gathered all that he wishes to gather. When does this apply? When one brings [the produce] to the market. But when he brings it to his own house, he may make a chance meal of it, until he reaches his house." 1.6. Dried pomegranate seeds, raisins and carobs, [are liable for tithes] after he has made a pile. Onions, once he removes the onion seeds. If he does not remove the onion seeds, after he makes a pile. Grain, once he smoothes out the pile. If he does not smooth the pile, after he makes a pile. Pulse, after he has sifted it. If he does not sift, after he smoothes out a pile. Even after he has smoothed out the pile, he may [without tithing] take from the broken ears, from the sides of the piles, and from that which is mixed in with the chaff, and eat." 1.7. Wine [is liable for tithes] after it has been skimmed [in the lower part of the winepress]. Even though it has been skimmed, he may take from the upper winepress, or from the duct, and drink [without taking out tithe]. Oil [is liable for tithes] after it has gone down into the trough. But even after it has gone down into the trough he may still take oil from the pressing bale, or from the press beam, or from the boards between the press [without tithing,] And he may put such oil on a cake, or large plate. But he should not put the oil in a dish or stewpot, while they are boiling. Rabbi Judah says: he may put it into anything except that which contains vinegar or brine." 1.8. A cake of pressed figs [is liable for tithes] from the moment it has been smoothed out [with fruit juice]. They may smooth them out with [the juice of] untithed figs or grapes. Rabbi Judah forbids this. If one smoothed with grapes, it is not susceptible to uncleanness. Rabbi Judah says it is susceptible. Dried figs [are liable to tithe] after they have been pressed [into a jar]. And [figs] stored in a bin [are liable to tithe] after they have been pressed. If one was pressing [the figs] into a jar, or pressing them in a storage bin, and the jar was broken or the storage bin opened, he may not make a chance meal of them. Rabbi Yose permits this." 2.2. If they were sitting at the gate or a shop, and one said [to them], “Take for yourselves figs,” they may eat and be exempt from tithes, but the owner of the gate, or the owner of the shop, is liable [to give tithe]. Rabbi Judah exempts him unless he turns his face or changes the place where he was sitting [and selling]." 3.4. If one found cut figs on the road, or even beside a field [where cut figs] have been spread [to dry], and similarly, if a fig tree overhangs the road, and he found figs beneath it, they are allowed [with regard to the laws] of robbery, and they are exempt from tithe. But if they were olives and carobs, they are liable. If one found dried figs, then if the majority of people had already trodden [their figs], he must tithe [them], but if not he is exempt. If one found slices of fig-cake he is liable [to tithe] since it is obvious they come from something whose processing had been fully completed. With carobs, if they had not yet been on the top of the roof, he may take some down for his animals and be exempt [from tithe] since he returns that which is left over." 3.5. Which courtyard is it which makes [the produce] liable to tithe?Rabbi Ishmael says: the Tyrian yard for the vessels are protected therein. Rabbi Akiva says: any courtyard which one person may open and another may shut is exempt. Rabbi Nehemiah says: any courtyard in which a man is not ashamed to eat is liable. Rabbi Yose says: any courtyard into which a person may enter and no one says to him, “what are you looking for” is exempt. Rabbi Judah says: if there are two courtyards one within the other, the inner one makes liable and the outer one is exempt." 3.6. Roofs do not render [produce] liable, even though they belong to a courtyard which renders it liable. A gate house, portico, or balcony, are like the courtyard [to which it belongs]; if [the courtyard] makes the [produce] liable [for tithes] so do they, and if it does not, they do not." 3.7. Cone-shaped huts, watchtowers, and sheds in the field do not render [produce] liable. A sukkah-hut like those used in Ginnosar, even though it contains millstones and poultry, does not render [produce] liable. As for the potter’s sukkah-hut, the inner part renders [produce] liable and the outer part does not. Rabbi Yose says: anything which is not both a sunny season and rainy season dwelling does not render [produce] liable [to tithes]. A sukkah used on the Festival [of Sukkot]: Rabbi Judah says: this renders [produce] liable [for tithes] But the sages exempt." 3.8. A fig tree which stands in a courtyard: one may eat the figs from it one at a time and be exempt [from tithes], but if he gathered some together he is liable. Rabbi Shimon says: if he has [one in his right hand and one in his left hand and one in his mouth, he is exempt. If he ascended to the top [of it], he may fill his bosom and eat." 3.9. A vine which was planted in a courtyard: one may take a whole cluster [and eat it without tithing]. Similarly with a pomegranate, or a melon, the words of Rabbi Tarfon. Rabbi Akiva says: he can pick single berries from the cluster, or split the pomegranate into slices, or cut slices of melon [and eat without tithing]. Coriander which was sown in a courtyard: one may pluck leaf by leaf and eat [without tithing], but if he ate them together he is liable [for tithes]. Savory and hyssop, and thyme which are in the courtyard, if they are kept watch over, they are liable for tithe." 3.10. A fig tree which stands in a courtyard, and hangs over into a garden: one may eat in his customary fashion and be exempt [from tithes]. If it stands in the garden and hangs over into the courtyard, one may eat [the figs] one at a time and be exempt, but if he gathers them together, he is liable [for tithes]. If it stands in the land [of Israel] and hangs over [into the territory] outside the land, or if it stands outside the land, and hangs over into the land, [in all these cases the law is] decided according to the position of the root. And as regards houses in walled cities, everything is decided according to the position of the root. But as regards cities of refuge, everything is decided [also] according to the location of the branches. And in what concerns Jerusalem, everything is decided by the location of the branches." 4.2. Children who have hidden figs [in the field] for Shabbat and they forgot to tithe them, they must not be eaten after Shabbat until they have been tithed. In the case of a basket of fruits for Shabbat: Bet Shammai exempt it from tithes; But Bet Hillel makes it liable. Rabbi Judah says: even one who has gathered a basket of fruit to send as a present to his friend, must not eat of them, until they have been tithed." 4.5. One who husks barley may husk one at a time and eat [without tithing], but if he husked and put them into his hand, he is liable [to tithe]. One who rubs [ears of] wheat may blow out [the chaff of the wheat] from hand to hand and eat, but if he blows and puts the grain in his lap he is liable. Coriander which was sown for the sake of the seed, the plant is exempt [from tithes]. If he sowed it for the sake of the plant then both the seed and the plant must be tithed. Rabbi Eliezer said: as for dill, tithe must be given from the seed and the plant, and the pods. But the sages say: only in the case of cress and eruca are both the seeds and plant tithed." |
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3. Mishnah, Terumot, 8.1-8.3 (1st cent. CE - 3rd cent. CE)
| 8.1. If a woman was eating terumah, and they came and said to her, “Your husband is dead”, or “He divorced you.” Or, if a slave was eating terumah, and they came and said to him: “Your master is dead”, or “He sold you to an Israelite”, or “He gave you away as a gift”, or “He emancipated you.” So too, if a priest was eating terumah and it became known that he was the son of a divorced woman or a halutzah (a woman released from levirate marriage): Rabbi Eliezer says: they must repay both the value and the fifth. But Rabbi Joshua exempts them [from the added fifth]. If [a priest] was standing and sacrificing on the altar and it became known that he was the son of a divorced woman or a halutzah: Rabbi Eliezer says: all the sacrifices he had offered on the altar are disqualified. But Rabbi Joshua pronounces them valid. If it, however, it became known that he possessed a blemish, his service is disqualified." 8.2. In all the above cases, if terumah was still in their mouth: Rabbi Eliezer says: they may swallow it. But Rabbi Joshua says: they must spit it out. [If it was said to him], “Your have become unclean”, or “the terumah has become unclean”, Rabbi Eliezer says: he may swallow it. But Rabbi Joshua says: he must spit it out. [If it was said to him], “You were unclean” or “the terumah was unclean”, or it became known that [the food he was eating] was untithed, or that it was first tithe from which terumah had not yet been taken, or second tithe or dedicated produce that had not been redeemed, or if he tasted the taste of a bug in his mouth, he must spit it out." 8.3. If he was eating a bunch of grapes, and he entered from the garden into the courtyard: Rabbi Eliezer says: he may finish eating. But Rabbi Joshua says: he may not finish. If dusk set in at the eve of Shabbat: Rabbi Eliezer says: he may finish eating. But Rabbi Joshua says: he may not finish." |
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