א׳
א׳אַחַר שֶׁמַּפְרִישִׁין תְּרוּמָה גְּדוֹלָה מַפְרִישׁ אֶחָד מֵעֲשָׂרָה מִן הַנִּשְׁאָר וְזֶהוּ הַנִּקְרָא מַעֲשֵׂר רִאשׁוֹן וּבוֹ נֶאֱמַר (במדבר יח כד) "כִּי אֶת מַעְשַׂר בְּנֵי יִשְׂרָאֵל אֲשֶׁר יָרִימוּ לַה'" וְגוֹ'. וְהַמַּעֲשֵׂר הַזֶּה לִלְוִיִּים זְכָרִים וּנְקֵבוֹת שֶׁנֶּאֱמַר (במדבר יח כא) "וְלִבְנֵי לֵוִי הִנֵּה נָתַתִּי כָּל מַעֲשֵׂר בְּיִשְׂרָאֵל לְנַחֲלָה":
1After separating the great terumah,1This is the preferable course of behavior. If, however, one separates the tithes before terumah, the separation is binding. one should separate one tenth of the remaining produce2Thus it is not a tenth of the entire crop. and this is called the first tithe. Concerning it [Numbers 18:24] states: "For the tithes of the children of Israel that they will separate to God."3Sefer HaMitzvot (positive commandment 127) and Sefer HaChinuch (mitzvah 395) include this commandment among the 613 mitzvot of the Torah.These tithes are given to Levites, males and females, as [ibid.] states: "And I gave the Levites all of the tithes of the children of Israel as an inheritance."
ב׳מַעֲשֵׂר רִאשׁוֹן מֻתָּר בַּאֲכִילָה לְיִשְׂרָאֵל וּמֻתָּר לְאָכְלוֹ בְּטֻמְאָה שֶׁאֵין בּוֹ קְדֻשָּׁה כְּלָל. וְכָל מָקוֹם שֶׁנֶּאֱמַר בְּמַעַשְׂרוֹת קֹדֶשׁ אוֹ פְּדִיָּה אֵינוֹ אֶלָּא מַעֲשֵׂר שֵׁנִי. וּמִנַּיִן שֶׁמַּעֲשֵׂר רִאשׁוֹן חֻלִּין שֶׁנֶּאֱמַר (במדבר יח כז) "וְנֶחְשַׁב לָכֶם תְּרוּמַתְכֶם כַּדָּגָן מִן הַגֹּרֶן וְכַמְלֵאָה מִן הַיָּקֶב" מָה גֹּרֶן וְיֶקֶב חֻלִּין לְכָל דָּבָר אַף מַעֲשֵׂר רִאשׁוֹן שֶׁנִּטְּלָה תְּרוּמָתוֹ חֻלִּין לְכָל דָּבָר. לְפִיכָךְ בַּת לֵוִי שֶׁנִּשְׁבֵּית אוֹ שֶׁנִּבְעֲלָה בְּעִילַת זְנוּת נוֹתְנִין לָהּ הַמַּעֲשֵׂר וְאוֹכֶלֶת. אֲבָל מִי שֶׁשָּׁמְעָה שֶׁמֵּת בַּעְלָהּ אוֹ הֵעִיד לָהּ עֵד אֶחָד וְנִסֵּת וְאַחַר כָּךְ בָּא בַּעְלָהּ קָנְסוּ אוֹתָהּ חֲכָמִים שֶׁתִּהְיֶה אֲסוּרָה בְּמַעֲשֵׂר:
2An Israelite is permitted to partake of the first tithe, and it may be eaten in a state of ritual impurity, because it is not holy.4I.e., unlike terumah where these restrictions apply. Whenever the term "holy" or "redemption" is used with regard to the tithes, the intent is the second tithe.5Which must be eaten in Jerusalem in a state of ritual purity.What is the source from which we learn that the first tithe is ordinary produce? [Ibid.:27] states: "And your terumah will be considered for you as grain from your grainheap and the fullness of the vat." Just as a grainheap and a vat [contain] ordinary produce, so, too, once terumat ma'aser has been separated from the first tithe,6Until terumat ma'aser has been separated from it, however, we may not partake of it (Radbaz). it is ordinary produce in all regards. For this reason, when the daughter of a Levite has been taken captive7And we fear that she was raped by her captors. With regard to terumah, by contrast, once the daughter of a priest engages in forbidden relations, she is forbidden to partake of it (Hilchot Terumah 6:7). Our Sages did not decree that a Levite's daughter who engages in forbidden relationships should not be allowed to partake of terumah, for it is uncommon for a woman to engage in forbidden relationships (Yevamot 91a). or she engaged in forbidden relations, she can be given tithes and she may partake of it. When, however, there was a report that a woman's husband died or one witness testified that he died, she married8If, however, she did not marry, she is not forbidden, even if she was consecrated by another man. and then her husband appeared, our Sages penalized her and ruled that she is forbidden to partake of the tithes.9I.e., this is a Rabbinic decree, enacted to maintain the moral level of the Jewish people.
ג׳לְוִיִּים וְכֹהֲנִים מַפְרִישִׁין מַעֲשֵׂר רִאשׁוֹן כְּדֵי לְהַפְרִישׁ מִמֶּנּוּ תְּרוּמַת מַעֲשֵׂר. וְכֵן הַכֹּהֲנִים מַפְרִישִׁין שְׁאָר תְּרוּמוֹת וּמַעַשְׂרוֹת לְעַצְמָן. וּלְפִי שֶׁהַכֹּהֲנִים נוֹטְלִין מִן הַכּל יָכוֹל יֹאכְלוּ פֵּרוֹתֵיהֶן בְּטִבְלָן תַּלְמוּד לוֹמַר (במדבר יח כח) "כֵּן תָּרִימוּ גַּם אַתֶּם" מִפִּי הַשְּׁמוּעָה לָמְדוּ אַתֶּם אֵלּוּ הַלְוִיִּם גַּם אַתֶּם לְרַבּוֹת אֶת הַכֹּהֲנִים:
3The Levites and the priests should separate the first tithe so that they can separate terumat ma'aser from it.10I.e., since the priests and the Levites are allowed to keep the tithes, one might ask: Why is it necessary for them to separate it at the outset? The Rambam answers that the separation is necessary, because until terumat ma'aser is separated from the tithes, it is forbidden to partake of them. Similarly, the priests must separate other types of terumah11With the expression "other types of terumah," the Rambam includes challah and bikkurim. See Hilchot Terumah 15:20. and tithes12The intent is only the first tithe. The second tithe and the tithe for the poor are not given to the priests. for themselves.13They may not, however, partake of the produce without making these separations as the Rambam proceeds to explain. Since the priests receive all types of agricultural gifts, is it possible for them to partake of the produce without these separations having been made? [Numbers 18:28] states: "And so shall you separate, also you...." "You" includes the Levites. "Also you" includes the priests.
ד׳אֵין מוֹצִיאִין הַמַּעֲשֵׂר מִיַּד הַכֹּהֲנִים שֶׁנֶּאֱמַר (במדבר יח כו) "כִּי תִקְחוּ מֵאֵת בְּנֵי יִשְׂרָאֵל" וְכֵן כָּל מַתְּנוֹת כְּהֻנָּה אֵין מוֹצִיאִין אוֹתָן מִכֹּהֵן לְכֹהֵן. וְעֶזְרָא קָנַס אֶת הַלְוִיִּם בִּזְמַנּוֹ שֶׁלֹּא יִתְּנוּ לָהֶן מַעֲשֵׂר רִאשׁוֹן אֶלָּא יִנָּתֵן לַכֹּהֲנִים לְפִי שֶׁלֹּא עָלוּ עִמּוֹ לִירוּשָׁלַיִם:
4We do not expropriate the tithes from the priests, as [ibid.:26] states: "When you take from the children of Israel...."14I.e., from an Israelite and not from a priest. Similarly, none of the presents given to the priests must be given from one priest to another priest.15A priest must separate the presents. He need not, however, give them to another priest, but instead may keep them for himself.Ezra penalized the Levites in his time16There are some who interpret the Rambam as implying that the penalty was applied only in Ezra's era, but not in subsequent generations. Indeed, we find that even Sages gave their tithes to Levites (Ma'aser Sheni 5:9). For this reason, it appears that Ezra's penalty was that if there was both a priest and a Levite present, the tithes should be given to a priest, but they could also be given to a Levite (Radbaz). Alternatively, in Ezra's generation, the tithes should be given only to the priests. Subsequently, however, when more Levites ascended and settled in Eretz Yisrael, the decree was rescinded and tithes could also be given to the Levites. Nevertheless, in order not to nullify Ezra's words entirely, it was still possible to give the tithes to the priests (Kessef Mishneh). [Note, however, the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:15) which indicates that the tithes were given to the priests in the generations after Ezra as well. See also Hilchot Ma'aser Sheni 11:14.] All agree that the Levites themselves were never required to give the tithes to the priests.The Minchat Chinuch (Mitzvah 395) asks: How was it possible for Ezra to nullify the Torah's command? For the Scriptural obligation is to give the tithes to the priests. He answers that in Ezra's time, the mitzvah to tithe was only Rabbinic in origin (see Hilchot Terumot, ch. 1). Hence, it was possible for him to make the priests the recipients. because they did not ascend to Jerusalem with him17See Ezra 8:15 which states that the descendants of the Levites were not found among the people who returned to Israel from Babylon. There were many among the Jewish people who had achieved financial security and comfortable living circumstances in Babylon and did not want to give this up to live in the Holy Land. Nevertheless, aside from the Levites, there was no distinct group that did not return to Israel in significant numbers. and ordained that the first tithe should be given solely to the priests.
ה׳הָאוֹכֵל פֵּרוֹתָיו טְבָלִין וְכֵן לֵוִי שֶׁאָכַל הַמַּעֲשֵׂר בְּטִבְלוֹ אַף עַל פִּי שֶׁהֵן חַיָּבִין מִיתָה לַשָּׁמַיִם אֵין מְשַׁלְּמִין הַמַּתָּנוֹת לְבַעֲלֵיהֶן שֶׁנֶּאֱמַר (במדבר יח כד) "אֲשֶׁר יָרִימוּ לַה'" אֵין לְךָ בָּהֶן כְּלוּם עַד שֶׁיָּרִימוּ אוֹתָן. וּבְחוּצָה לָאָרֶץ מֻתָּר לְאָדָם לִהְיוֹת אוֹכֵל וְהוֹלֵךְ תְּחִלָּה וְאַחַר כָּךְ מַפְרִישׁ תְּרוּמָה וּמַעַשְׂרוֹת:
5When a person partakes of his produce while it is tevel18I.e., before terumah and the tithes have been separated. or a Levite partakes of the tithes while they are tevel,19I.e., before terumat ma'aser has been separated. although they are liable for death at the hand of Heaven,20Se Hilchot Ma'achalot Assurot 10:19. they are not liable to make reimbursement to the owners.21I.e., the priests (or the Levites) who would be given the terumah or the tithes. With regard to terumah, by contrast, when a person partakes of terumah unknowingly, he is required to make restitution. See Hilchot Terumah 6:6. [This is derived from ibid.:24:] "...that they will separate to God." [Implied is that the recipients] do not have any share in them until they have been separated.In the Diaspora,22In the lands directly bordering on Eretz Yisrael where our Sages ordained that the agricultural laws be observed. See Hilchot Terumah 1:6. it is permitted for a person to continue eating and afterwards, separate terumah and the tithes.23Since the obligation to make these separations from the crops is Rabbinic in origin, our Sages granted this leniency. See Hilchot Terumah 1:21.
ו׳מְעַשְּׂרִין מִמָּקוֹם זֶה עַל מָקוֹם אַחֵר וְאֵינוֹ צָרִיךְ לְעַשֵּׂר מִן הַמֻּקָּף. אֲבָל אֵין מְעַשְּׂרִין מִמִּין עַל שֶׁאֵינוֹ מִינוֹ וְלֹא מִן הַחַיָּב עַל הַפָּטוּר וְלֹא מִן הַפָּטוּר עַל הַחַיָּב וְאִם עִשֵּׂר אֵינוֹ מְעֻשָּׂר:
6We can separate tithes from produce in one place for produce in another place. They need not be grouped together.24In contrast to terumah, in which instance, the initial preference is to separate the terumah from the same produce for which it is being taken (Hilchot Terumah 3:17). We do not, however, separate tithes from one species for another species,25This holds true for terumah as well, as stated in Hilchot Terumah 5:3. nor from produce for which we are obligated to separate tithes for produce from which we are exempt from separating, nor from produce for which we are exempt from separating tithes for produce from which such a separation is required.26This also applies with regard to terumah, see ibid.:2, 12. If one made a separation in any of the above instances, [the produce separated] is not considered as tithes.27It need not be given to a Levite and if necessary, new tithes must be separated.
ז׳כָּל שֶׁאָמַרְנוּ בִּתְרוּמָה אֵין תּוֹרְמִין מִזֶּה עַל זֶה כָּךְ בְּמַעֲשֵׂר אֵין מְעַשְּׂרִין מִזֶּה עַל זֶה. וְכָל שֶׁאָמַרְנוּ בִּתְרוּמָה אִם תָּרַם תְּרוּמָתוֹ תְּרוּמָה כָּךְ בְּמַעֲשֵׂר אִם הִפְרִישׁ מַעַשְׂרוֹתָיו מַעַשְׂרוֹת. וְכָל שֶׁהוּא פָּטוּר מִן הַתְּרוּמָה פָּטוּר מִן הַמַּעֲשֵׂר. וְכָל הַתּוֹרֵם מְעַשֵּׂר. כָּל שֶׁאָמַרְנוּ בָּהֶן לֹא יִתְרֹמוּ וְאִם תָּרְמוּ תְּרוּמָתָן תְּרוּמָה כָּךְ אִם עִשְּׂרוּ מַעַשְׂרוֹתֵיהֶן מַעַשְׂרוֹת. וְכָל שֶׁאֵין תְּרוּמָתוֹ תְּרוּמָה כָּךְ אֵין מַעַשְׂרוֹתֵיהֶן מַעַשְׂרוֹת:
7Whenever we said with regard to terumah, that terumah may not be separated from one type of produce for another,28E.g., produce that has been reaped for produce that is attached to the ground (ibid.:9), produce reaped in one year for produce reaped in another year (ibid.:11), or produce from the Diaspora for produce from Eretz Yisrael (ibid.:12). tithes may not be separated from one such type of produce for another such type. And whenever we said that the separation of terumah from [one type of produce] is acceptable [after the fact],29I.e., instances where a separation of terumah is undesirable, nevertheless, after the fact, it is acceptable. For example, one separated produce for which all the work concerning it was not completed (ibid.:4); one separates lower grade produce as terumah for higher grade produce (ibid.:8); or one unknowingly separated impure produce as terumah for pure produce. if one separated tithes from such produce, it is acceptable. Whenever produce is exempt from the obligation to have terumah separated,30For example, produce not fit for human consumption (ibid. 2:1); produce that was leket, pe'ah, or the like (ibid.:9). it is also exempt from the obligation to have tithes separated. All those individuals who may separate terumah may separate the tithes. And all those concerning whom it was said that they should not separate terumah, but if they did separate it, the separation is effective,31A person who is deaf, but not mute, a mute who can hear, but not speak, a person who is naked, a person who is drunk and a blind person (ibid. 4:4). so too, if they separate the tithes, the separation is effective. And whenever a person's separation of terumah is not effective,32A deaf-mute, a mentally or emotionally unstable person, a minor, a gentile who separated terumah from produce belonging to a Jew, even with his permission, and a person who separate terumah from produce that does not belong to him without the owner's permission (ibid.:2). his separation of tithes is also not effective.
ח׳הָאוֹמֵר לַחֲבֵרוֹ הֲרֵינִי מְעַשֵּׂר עַל יָדֶיךָ אֵינוֹ צָרִיךְ לַעֲמֹד עִמּוֹ עַד שֶׁיִּרְאֶה אִם יְעַשֵּׂר אוֹ לֹא יְעַשֵּׂר. וְאִם אָמַר הוּא לַחֲבֵרוֹ עַשֵּׂר עַל יָדִי צָרִיךְ לַעֲמֹד עִמּוֹ:
8When a person tells a colleague: "I will tithe through your agency," he does not have to stand with him to see whether he tithed or did not tithe.33Since he willingly appointed him as an agent, we assume that he relies on him and can follow the accepted presumption that an agent will carry out the task assigned to him. [Our translation and commentary follow the gloss of the Radbaz. Others offer different interpretations.] If [the agent] tells a colleague: "Tithe using me as an agent," he must stand with him.34Since he did not appoint him voluntarily, we are not certain that he will carry out the agency in good faith.
ט׳הֶחָרוּבִין אֵינָן חַיָּבִין בְּמַעַשְׂרוֹת אֶלָּא מִדִּבְרֵיהֶם. לְפִי שֶׁאֵינָן מַאֲכָל [רֹב] אָדָם. וְהַשְּׁקֵדִים הַמָּרִים בֵּין בְּגָדְלָן בֵּין בִּקְטַנָּן פְּטוּרִין לְפִי שֶׁאֵינָן אֹכֶל:
9The obligation to tithe carobs is only Rabbinic in origin,35The Ra'avad differs with the Rambam and maintains that according to Scriptural Law, the only trees from which we are required to separate the tithes are grapes and olives. As explained in the notes to Hilchot Terumah 2:1, this is a difference of opinion involving many authorities. for they are not eaten by most people.36Based on Hilchot Ma'aser Sheni 1:3, it appears that here the Rambam is speaking of carobs that grow in Tzalmona or other species that are usually not eaten. The carobs that grow commonly and are eaten by many must be tithes according to Scriptural Law.Those that grow in Tzalmona and the like are also eaten by some people. Hence the Rabbis ordained that they be tithed. Species of produce that are not usually consumed by people are exempt, as stated in the following clause. Bitter almonds, whether large or small,37When such almonds are small, they are not bitter. Nevertheless, they are still unfit to be eaten because they have not fully matured (see Rashi, Chullin 25b). are exempt, for they are not considered food.38Even though some may partake of them, the majority do not. Indeed, the minority is so insignificant that we do not require a separation of terumah even according to Rabbinic Law.
י׳אִילָן שֶׁנְּטָעוֹ בְּתוֹךְ הַבַּיִת פָּטוּר מִמַּעַשְׂרוֹת שֶׁנֶּאֱמַר (דברים יד כב) "עַשֵּׂר תְּעַשֵּׂר אֵת כָּל תְּבוּאַת זַרְעֶךָ הַיֹּצֵא הַשָּׂדֶה". וְיֵרָאֶה לִי שֶׁהוּא חַיָּב בְּמַעַשְׂרוֹת מִדִּבְרֵיהֶם שֶׁהֲרֵי תְּאֵנָה הָעוֹמֶדֶת בֶּחָצֵר חַיָּב לְעַשֵּׂר פֵּרוֹתֶיהָ אִם אֲסָפָן כְּאַחַת:
10A tree that is planted inside a house is exempt from the obligations of the tithes, as [indicated by Deuteronomy 14:22]: "You shall certainly tithe all the produce of your crops that grow in the field."39It is produce of the field from which we must tithe (the Jerusalem Talmud, Orlah 1:2). It appears to me that tithes must be separated from this produce according to Rabbinic Law, for one is required to tithe the fruit of a fig tree that stands in a courtyard if it was harvested at one time.40If, however, the fruit is picked one by one, a person is not obligated to tithe it.This law is stated in the Mishnah (Ma'aserot 3:8). Now a courtyard is not considered a field. Hence in order that this law not contradict the law cited from the Jerusalem Talmud, we must assume that the Mishnah is speaking according to Rabbinic Law, while the Jerusalem Talmud is speaking according to Scriptural Law. The Ra'avad differs with this ruling and differentiates between produce growing in a courtyard and that which grows in a house. The Radbaz and the Kessef Mishneh support the Rambam's ruling.
י״אבְּצָלִים שֶׁהִשְׁרִישׁוּ זֶה בְּצַד זֶה אֲפִלּוּ הִשְׁרִישׁוּ בְּקַרְקַע עֲלִיָּה פְּטוּרִין מִן הַמַּעַשְׂרוֹת. נָפְלָה עֲלֵיהֶן מַפּלֶת וַהֲרֵי הֵן מְגֻלִּין הֲרֵי אֵלּוּ כִּנְטוּעִין בַּשָּׂדֶה וְחַיָּבִין בְּמַעַשְׂרוֹת:
11When onions [stored in a home] grew roots next to each other, even if they grew roots in the earth of a loft, they are exempt from tithes.41I.e., they are exempt according to Scriptural Law, and even according to Rabbinic Law, there is no obligation to separate tithes, because the person would not desire to have the plants grow (Or Sameach). If a landslide covered them,42Destroying the roof of the loft. and they are thus open [to the skies], it is as if they have been planted in the field and one is obligated to tithe them.
י״בהַמְשַׁמֵּר שָׂדֵהוּ מִפְּנֵי עֲנָבָיו וּבָא אַחֵר וְאָסַף אֶת הַתְּאֵנִים הַנִּשְׁאָרוֹת בְּאוֹתָהּ שָׂדֶה. אוֹ שֶׁהָיָה מְשַׁמֵּר שָׂדֵהוּ מִפְּנֵי הַמִּקְשָׁאוֹת וְהַמִדְּלָעוֹת וּבָא אֶחָד וְאָסַף אֶת הָעֲנָבִים הַנִּשְׁאָרִים שָׁם הַמְפֻזָּרִים בַּשָּׂדֶה. בִּזְמַן שֶׁבַּעַל הַשָּׂדֶה מַקְפִּיד עֲלֵיהֶן אֲסוּרִין מִשּׁוּם גֵּזֶל וּלְפִיכָךְ חַיָּבִין בְּמַעֲשֵׂר וּבִתְרוּמָה. אֵין בַּעַל הַשָּׂדֶה מַקְפִּיד עֲלֵיהֶן מֻתָּרִין מִשּׁוּם גֵּזֶל וּפְטוּרִין מִן הַמַּעֲשֵׂר:
12[The following laws apply when someone is] protecting his field because of grapes43The Rambam is speaking about an instance where the figs and the other fruits growing in the field have for the most part been harvested. There were, however, a few figs left growing in scattered places around the field. The grapes, however, grow later than the other crops and hence, had not been harvested yet. The owner was protecting his field for the sake of his grapes. The question is: Are the other fruits considered as ownerless because the owner is no longer primarily concerned with them? Or do we say that since he is guarding his field because of the grapes, he is also guarding the other produce? and another person comes and collects the figs that remain in that field or he was guarding his field because of the zucchini and squash44Which grow even later than grapes. and another person came and gathered the grapes which were scattered in the field. When [it is known] that the owner of the field is concerned with the leftover produce, it is forbidden to take it; [doing so] is stealing.45Even though it has little value. We are forbidden to take even the slightest amount of a colleague's property against his will. Hence, tithes and terumah must be separated from the crops. If the owner of the field is not concerned with it, it is permitted [to take it;46It is as if he has declared them ownerless (Radbaz). See a parallel ruling in Hilchot Ishut 5:8. it is not] theft. Hence, they are exempt from the tithes.47For ownerless produce need not be tithed. Similarly, terumah need not be separated from it (Radbaz, based on Hilchot Terumah 2:11).
י״גאֵין מְעַשְּׂרִין אֶלָּא מִן הַמֻּבְחָר שֶׁנֶּאֱמַר (במדבר יח ל) "בַּהֲרִימְכֶם אֶת חֶלְבּוֹ מִמֶּנּוּ וְנֶחְשַׁב לָכֶם כִּתְבוּאַת גֹּרֶן וְכִתְבוּאַת יָקֶב". כְּשֵׁם שֶׁמַּעֲשֵׂר שֶׁמַּפְרִישִׁים הַלְוִיִּם מִן הַחֵלֶב שֶׁבּוֹ כָּךְ מַעֲשֵׂר שֶׁמַּפְרִישִׁים יִשְׂרָאֵל מִן הַגֹּרֶן וּמִן הַיֶּקֶב מִן הַחֵלֶב שֶׁבּוֹ:
13Only the most choice produce should be separated as tithes,48The same concept applies with regard to terumah, as stated in Hilchot Terumah 2:4,6. as [Numbers 18:30] states: "When you separate the choice portion from it, and it will be considered for the Levites49This is both the correct wording of the verse and the manuscript copies of the Mishneh Torah. The standard printed text is in error. as the produce of the grainheap and the produce of the vat." Just as the Levites must separate the choicest portions of the tithes, the Israelites who separate from the grainheap and the vat separate the choicest portions.
י״דאֵין מְעַשְּׂרִין בְּאֹמֶד אֶלָּא בְּמִדָּה אוֹ בְּמִשְׁקָל אוֹ בְּמִנְיָן. וְכָל הַמְדַקְדֵּק בַּשִּׁעוּר מְשֻׁבָּח. וְהַמַּרְבֶּה בְּמַעַשְׂרוֹת מַעַשְׂרוֹתָיו מְקֻלְקָלִין שֶׁהֲרֵי הַטֶּבֶל מְעֹרָב בָּהֶן. וּפֵרוֹתָיו מְתֻקָּנִין:
14We may not separate tithes by estimation.50See Avot 1:16. In contrast terumah should be separated in this manner (Hilchot Terumah 3:4). Instead, one must do so through measuring,51The volume of the produce. weight, or number.52The order of preference is number, volume, weight. See Terumot 4:6. One who is precise in the measurement is praiseworthy. When one gives an extra amount as the tithes, his tithes are flawed, because untithed produce is mixed with them.53For the extra amount of produce is not tithes, because the tithes represent an exact sum. Nor is it considered ordinary produce from which tithes were separated, because it was placed with the tithes. Instead, it is considered as ordinary produce from which tithes were not separated. [The remainder of] his produce has, however, been made fit for use.
ט״והַמַּפְרִישׁ מִקְצָת מַעֲשֵׂר אֵינוֹ מְעַשֵּׂר אֶלָּא כְּמִי שֶׁחָלַק אֶת הָעֲרֵמָה. אֲבָל צָרִיךְ [לְהַפְרִישׁ] מִזֶּה הַחֵלֶק שֶׁיּוֹצִיא מַעֲשֵׂר שֶׁלּוֹ. כֵּיצַד. הָיוּ לוֹ מֵאָה סְאָה הִפְרִישׁ מֵהֶם חֲמִשָּׁה לְשֵׁם מַעֲשֵׂר אֵינוֹ מַעֲשֵׂר וְאֵינוֹ יָכוֹל לְהַפְרִישׁ עַל הֶחָמֵשׁ סְאִין מַעֲשֵׂר בְּמָקוֹם אַחֵר אֶלָּא מַפְרִישׁ מֵהֶן חֲצִי סְאָה שֶׁהִיא הַמַּעֲשֵׂר שֶׁלָּהֶן:
15When a person separates a portion of the tithes, they are not considered as tithes. Instead, it is as if someone divided the grainheap. He must, however, separate from the portion set aside the tithes that are appropriate for it.What is implied? A person had 100 se'ah. He set aside five se'ah as the tithes. [These five se'ah] are not considered as tithes.54For giving them does not fulfill the requirement. He cannot separate tithes for [these five se'ah] from another source.55Although usually, one may set aside tithes from one collection of produce for another (Halachah 6), an exception is made in this instance, because he originally separated this produce with the intent that it be tithes [the Rambam's Commentary to the Mishnah (Terumot 4:1)]. it would appear that one is separating tithes from produce for which one is required to separate tithes for produce for which one is not obligated to make such a separation (see notes to Halachah 7). The Ra'avad differs with the Rambam concerning this ruling, advancing a different interpretation of Terumot 4:1. Instead, he should separate half a se'ah from them. It is their tithes.
ט״זהַמַּפְרִישׁ מַעֲשֵׂר זֶה מְבָרֵךְ תְּחִלָּה כְּדֶרֶךְ שֶׁמְּבָרְכִין עַל הַמִּצְוֹת. וְכֵן מְבָרֵךְ עַל מַעֲשֵׂר שֵׁנִי וְעַל מַעֲשַׂר עָנִי וְעַל מַעֲשֵׂר מִן הַמַּעֲשֵׂר מְבָרֵךְ עַל כָּל אֶחָד בִּפְנֵי עַצְמוֹ. וְאִם הִפְרִישׁ הַכּל זֶה אַחַר זֶה מִיָּד וְלֹא סָח בֵּינֵיהֶן כּוֹלְלָן בִּבְרָכָה אַחַת וּמְבָרֵךְ לְהַפְרִישׁ תְּרוּמוֹת וּמַעַשְׂרוֹת:
16When a person separates the [first] tithe, he should recite a blessing first, as one recites a blessing [before observing] any of the mitzvot.56See Hilchot Berachot 11:6, 12; Hilchot Terumah 2:16. Similarly, he should recite a blessing [before separating] the second tithe, the tithe given to the poor, and the tithe of a tithe.57I.e., terumat ma'aser. He should recite a blessing for each one individually. If he made all the separations one directly after the other without speaking in between, he should include them all in one blessing, [praising God who commanded us] "to separate the terumot and the tithes."58This applies if one sets aside terumah and tithes for his own produce. If he sets it aside for others, he should conclude the blessing "concerning the separation of tithes" (Hilchot Berachot 11:12-13).
ב׳
א׳אֵינּוֹ חַיָּב לְהַפְרִישׁ מִן הַתּוֹרָה אֶלָּא הַגּוֹמֵר פֵּרוֹתָיו לְאָכְלָן לְעַצְמוֹ אֲבָל הַגּוֹמְרָן לְמָכְרָן פָּטוּר מִן הַתּוֹרָה וְחַיָּב מִדִּבְרֵיהֶם שֶׁנֶּאֱמַר (דברים יד כב) "עַשֵּׂר תְּעַשֵּׂר" וְגוֹ' (דברים יד כג) "וְאָכַלְתָּ" אֵינוֹ חַיָּב אֶלָּא הַגּוֹמֵר תְּבוּאָתוֹ לְאָכְלָהּ:
1A person is not obligated to tithe his produce by Scriptural Law unless he completes [the work associated with its preparation1At which point the obligation to tithe takes effect (Chapter 3, Halachah 1). with the intent of] partaking of it himself.2Rabbi Akiva Eiger and the Minchat Chinuch (mitzvah 395) explain that even if the person changes his mind and desires to sell the produce afterwards, he remains obligated to tithe. If, however, he completes those tasks with the intent of selling it, he is exempt according to Scriptural Law.3If the person changes his mind and desires to partake of the produce himself afterwards, he is not obligated according to Scriptural Law. Since he was not obligated at the time of the initial requirement, he does not become obligated afterwards (ibid.). He is, however, obligated by Rabbinic decree.4Our Sages adopted this measure as a safeguard. Ignoring it can have serious repercussions as Bava Metzia 88a states the shopping area of Beit Hino was destroyed three years before Jerusalem because they did not tithe produce that was sold in the marketplace. [This is derived from Deuteronomy 14:22:] "And you shall certainly tithe... and you shall partake...." One is obligated only when he completes the tasks with the intent of partaking.
ב׳וְכֵן הַלּוֹקֵחַ פָּטוּר מִן הַתּוֹרָה שֶׁנֶּאֱמַר (דברים יד כב) "תְּבוּאַת זַרְעֶךָ". וְחַיָּב מִדִּבְרֵיהֶם. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁלְּקָחָן אַחַר שֶׁנִּגְמְרוּ מְלַאכְתָּן בְּיַד מוֹכֵר. אֲבָל אִם נִגְמְרוּ בְּיַד לוֹקֵחַ חַיָּב לְעַשֵּׂר מִן הַתּוֹרָה:
2Similarly, one who purchases such produce is exempt according to Scriptural Law, [for ibid. states]: "the produce of your crops."5I.e., crops that you made ready for use. He is, however, obligated according to Rabbinic Law.When does the above apply? When he purchased it after the work necessary to prepare it was completed while it was in the possession of the seller. If, however, these tasks were completed while it was in the possession of the purchaser, he is obligated to tithe according to Scriptural Law.6The Ra'avad differs with the Rambam, maintaining that the purchaser of the produce is never liable to tithe according to Scriptural Law. The Radbaz and the Kessef Mishneh cite interpretations of Talmudic passages that support the Rambam's position, but explain that there are other Rishonim who follow the Ra'avad's position.
ג׳פֵּרוֹת שֶׁאֵינָן רְאוּיִים לַאֲכִילָה מִקָּטְנָן כְּגוֹן הַבֹּסֶר וְכַיּוֹצֵא בּוֹ אֵינָן חַיָּבִין בְּמַעֲשֵׂר עַד שֶׁיִּגְדְּלוּ וְיֵעָשׂוּ אֹכֶל שֶׁנֶּאֱמַר (ויקרא כז ל) "מִזֶּרַע הָאָרֶץ מִפְּרִי הָעֵץ" עַד שֶׁיִּהְיֶה פְּרִי. וְכֵן הַתְּבוּאָה וְהַקִּטְנִיּוֹת שֶׁנֶּאֱמַר (דברים יד כב) "אֵת כָּל תְּבוּאַת זַרְעֶךָ" עַד שֶׁתֵּעָשֶׂה תְּבוּאָה וְזוֹ הִיא עוֹנַת הַמַּעַשְׂרוֹת. וְקֹדֶם שֶׁתַּגִּיעַ הַתְּבוּאָה וְהַפֵּרוֹת לְעוֹנָה זוֹ מֻתָּר לֶאֱכל מֵהֶן כָּל מַה שֶּׁיִּרְצֶה וּבְכָל דֶּרֶךְ שֶׁיִּרְצֶה:
3Produce which is not fit to be eaten because it is too small, e.g., unripened produce7Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 4:8). and the like, is not required to be tithed8Even according to Rabbinic decree. until it grows and becomes food, as [implied by Leviticus 27:30 which states that we must tithe:] "From the crops of the earth, from the fruit of the trees," i.e., [there is no requirement to tithe the crops] until they grow and become fruit. Similar concepts apply with regard to grain and legumes, as [implied by Deuteronomy 14:22:] "the produce of your crops," i.e., [there is no obligation] until it becomes produce.This refers to the "phase of tithing."9See the following halachot and Chapter 3 which discusses this subject in detail. Before grain and fruit reach this phase, one is permitted to eat as much as one wants from them,10For this is not considered as the ordinary way of eating. in any manner he desires.11I.e., he may even salt them and roast them, even though these actions bring about the obligation to tithe when fruit has matured (Chapter 3, Halachah 3).
ד׳פֵּרוֹת שֶׁהֵן רְאוּיִין לַאֲכִילָה בְּקָטְנָן כְּגוֹן הַקִּשּׁוּאִים וְהַמְּלָפְפוֹנוֹת שֶׁאֵין מַנִּיחִין אוֹתָן אֶלָּא כְּדֵי לְהוֹסִיף בְּגוּפָן בִּלְבַד אֲבָל רְאוּיִין הֵן מִתְּחִלָּה לַאֲכִילָה. הֲרֵי אֵלּוּ חַיָּבִין בְּמַעֲשֵׂר בְּקָטְנָן. שֶׁמִּתְּחִלַּת יְצִיאָתָן בָּאוּ לְעוֹנַת הַמַּעַשְׂרוֹת:
4Produce that is fit to be eaten when it is small, e.g., zucchini or cucumbers, but is left [to grow] only in order to increase its bulk, is required to be tithed while it is small, [for] they are fit to be eaten at the outset. As soon as they emerge, they are considered to have reached the "phase of tithing."
ה׳אֵי זוֹ הִיא עוֹנַת הַמַּעַשְׂרוֹת. מִשֶּׁיַּגִּיעוּ הַפֵּרוֹת לְהַזְרִיעַ וְלִצְמֹחַ הַכּל לְפִי מַה שֶּׁהוּא הַפְּרִי. כֵּיצַד. הַתְּאֵנִים מִשֶּׁיֵּעָשׂוּ רַכִּים עַד שֶׁיְּהוּ רְאוּיִים לַאֲכִילָה אַחַר כ"ד שָׁעוֹת מִשְּׁעַת אֲסִיפָתָן. הָעֲנָבִים וְהַבְּאוּשִׁים וְהֵם הָעֲנָבִים הַדַּקִּים הַמִּדְבָּרִיּוֹת מִשֶּׁיֵּרָאֶה הַחַרְצָן שֶׁלָּהֶם מִבַּחוּץ. הָרִמּוֹנִים מִשֶּׁיִּמַּס הַפֶּרַח שֶׁלָּהֶן בֵּין הָאֶצְבָּעוֹת וְיֵצֵא מִמֶּנּוּ מַיִם. הַתְּמָרִים מִשֶּׁיִּפָּתְחוּ כִּשְׂאוֹר. הָאֲפַרְסֵקִין מִשֶּׁיַּטִּילוּ גִּידִים אֲדֻמִּים. הָאֱגוֹזִים מִשֶּׁיִּתְפָּרֵשׁ הָאֹכֶל מֵהַקְּלִפָּה הַחִיצוֹנָה. הַשְּׁקֵדִים הַמְּתוּקִים מִשֶּׁתִּתְפָּרֵשׁ קְלִפָּתָן הַחִיצוֹנָה. הַמָּרִים פְּטוּרִין לְעוֹלָם. וּשְׁאָר כָּל בַּעֲלֵי קְלִפּוֹת כְּגוֹן הָאִצְטְרֻבּוֹלִין וְהַלּוֹט וְהַבָּטְנִים מִשֶּׁיַּעֲשׂוּ קְלִפָּה הַתַּחְתּוֹנָה הַסְּמוּכָה לָאֹכֶל. הַזֵּיתִים מִשֶּׁיַּעֲשׂוּ שֶׁמֶן אֶחָד מִתִּשְׁעָה מִמַּה שֶּׁהֵן רְאוּיִין לַעֲשׂוֹת כְּשֶׁיִּגָּמְרוּ. וְזֶה שְׁלִישׁ שֶׁלָּהֶן. הַתַּפּוּחִים וְהָאֶתְרוֹגִים מִשֶּׁיִּתְעַגְּלוּ מִפְּנֵי שֶׁהֵן רְאוּיִין לַאֲכִילָה כְּשֶׁהֵם קְטַנִּים. הַתּוּתִים וְהָאוֹג מִשֶּׁיַּאֲדִימוּ. וְכֵן כָּל שֶׁדַּרְכָּן לְהַאֲדִים מִשֶּׁיַּאֲדִימוּ. הֶחָרוּבִין מִשֶּׁיֵּעָשׂוּ נְקֻדּוֹת נְקֻדּוֹת שְׁחוֹרוֹת. וְכֵן כָּל שֶׁדַּרְכָּן לְהַשְׁחִיר מִשֶּׁיִּנָּקְדוּ. הָאֲגַסִּים וְהַקְרוּסְטְמָלִין וְהַפְּרִישִׁים וְהָעוֹזְרָדִין מִשֶּׁיֵּעָשׂוּ קַרָחוֹת קַרָחוֹת לְבָנוֹת. וְכֵן כָּל שֶׁדַּרְכָּן לְלַבֵּן מִשֶּׁיִּקְרְחוּ קַרָחוֹת. הַתְּבוּאָה מִשֶּׁתָּבִיא שְׁלִישׁ. הַתִּלְתָּן מִשֶּׁתִּהְיֶה זַרְעָהּ רָאוּי לִצְמִיחָה אִם נִזְרַע. וּבְיָרָק הַקִּשּׁוּאִין וְהַדְּלוּעִין וְהָאֲבַטִּיחִין וְהַמְּלָפְפוֹנוֹת וְכָל כַּיּוֹצֵא בָּהֶן חַיָּבִין בְּקָטְנָן כְּמוֹ שֶׁבֵּאַרְנוּ. וּשְׁאָר הַיָּרָק שֶׁאֵינוֹ רָאוּי לַאֲכִילָה עַד שֶׁיַּגְדִּיל אֵינוֹ חַיָּב עַד שֶׁיְּהֵא רָאוּי לַאֲכִילָה. אֶשְׁכּוֹל שֶׁהִגִּיעַ בּוֹ אֲפִלּוּ גַּרְגִּיר יְחִידִי כֻּלּוֹ חִבּוּר לְמַעַשְׂרוֹת וּכְאִלּוּ הִגִּיעַ כֻּלּוֹ. וְלֹא אוֹתוֹ אֶשְׁכּוֹל בִּלְבַד אֶלָּא כָּל הָרוּחַ שֶׁיֵּשׁ בָּהּ אוֹתָהּ הַגֶּפֶן שֶׁיֵּשׁ בָּהּ הָאֶשְׁכּוֹל. וְכֵן רִמּוֹן שֶׁהִגִּיעַ בָּהּ אֲפִלּוּ פְּרֵדָה אַחַת כֻּלָּהּ חִבּוּר:
5When is "the phase of tithing"? When the produce will reach a stage that it produces seed [that could] grow, each species according to its nature.12Our Rabbis interpreted this as meaning reaching a third of its natural growth. All the examples mentioned in the continuation of the halachah refer to this stage of growth as it applies to each individual species.What is implied? For figs, it is when they become soft enough to be fit to be eaten within 24 hours after they have been harvested.13Thus if one partakes of them within 24 hours from their harvest without tithing them, he is not liable, for they are not ready to be eaten yet (Ma'aseh Rokeach). For grapes and biushim, i.e., thin wild grapes, it is when their seeds can be seen from the outside.14That indicates that their shell has softened and the fluid has been generated within the fruit. See the Rambam's Commentary to the Mishnah (Ma'aserot 1:2). For pomegranates, it is when their seed15Our translation is based on authentic manuscripts and early printings of the Mishneh Torah and is reinforced by the Rambam's Commentary to the Mishnah (ibid.). The standard printed text reads slightly differently. will be crushed easily between one's fingers and produce liquid. For dates, it is when they swell like yeast.For peaches, it is when red strands appear within them.16This is a sign that they have begun to ripen (ibid.). For nuts, it is when the fruit becomes distinct from its outer shell. For sweet almonds, it is when their external shell becomes distinct. Bitter [almonds] are always exempt.17See Chapter 1, Halachah 9, and notes. For other fruits with shells, e.g., acorns, chestnuts, and pistachios, it is when the lower shell that is next to the fruit forms.For olives, when they produce one ninth of the amount of oil that they will produce when they are entirely ripe;18The Ra'avad questions the Rambam's ruling based on a different version of Sh'vi'it 4:7. The Radbaz and the Kessef Mishneh support the Rambam's ruling. this is one third of their growth. For apples and esrogim, it is when they become round,19Although Ma'aserot 1:4 states that we are required to separate tithes from apples when they are small, it does not mention a stage of development. The Kessef Mishneh questions the source for the Rambam's statements. for they are fit to be eaten when they are small. For berries and sumac, it is when they become red. Similarly, for every fruit that becomes red, it is when it becomes red.For carobs, it is when black spots begin to appear. Similarly, for any fruit that becomes black, it is when spots begin to appear. For pears, small pears,20This is the common translation of these terms. In his notes to the Rambam's Commentary to the Mishnah (Kilayim 1:4), however, Rav Kapach suggests that the two terms may refer to apricots and peaches. quince, and thorn apples,21Our translation is based on Rav Kapach's notes to the Rambam's Commentary to the Mishnah (Demai 1:1). it is when their hairs begin to fall off.22When these fruits are unripened, they are covered by a fuzz of hair. As they ripen, the hairs fall off. Similarly, for any fruit that becomes light-colored, it is when white lines appear.For grain, it is when it reaches a third of its growth. For chilba, it is when its seed is fit to grow if it would be planted. With regard to vegetables, we are required [to tithe] zucchini, squash, watermelon, cucumbers and the like when they are small, as we explained.23I.e., based on Halachah 4, which states that produce that is fit to be eaten while small must be tithed. Other vegetables which are not fit to be eaten until they grow large and are not required [to be tithed] until they are fit to be eaten.When even one grape on a cluster has reached the stage when it must be tithed, because of their connection, the entire [cluster is required to be] tithed.24The Radbaz explains the rationale for this ruling. Since one grape has already ripened sufficiently, the others will ripen shortly thereafter. It is as if the entire cluster reached that stage of development. [Indeed,] not only that cluster, but the entire side of the vine on which that cluster grew [is considered to have reached the stage when the tithes must be separated]. Similarly, when even one seed of a pomegranate reaches the appropriate stage, the entire [side of the tree]25This addition is made on the basis of the gloss of the Kessef Mishneh. is considered as connected to it.
ו׳לֹא יִמְכֹּר אָדָם פֵּרוֹתָיו מִשֶּׁבָּאוּ לְעוֹנַת הַמַּעַשְׂרוֹת לְמִי שֶׁאֵינוֹ נֶאֱמָן עַל הַמַּעַשְׂרוֹת. וְאִם בִּכְּרוּ נוֹטֵל אֶת הַבִּכּוּרוֹת וּמֻתָּר לִמְכֹּר הַשְּׁאָר שֶׁעֲדַיִן לֹא הִגִּיעַ לְעוֹנַת הַמַּעַשְׂרוֹת. וְכֵן לֹא יִמְכֹּר אָדָם אֶת גִּפְתּוֹ וְאֶת זַגָּיו לְמִי שֶׁאֵינוֹ נֶאֱמָן עַל הַמַּעַשְׂרוֹת לְהוֹצִיא מֵהֶן מַשְׁקִין. שֶׁהַמַּשְׁקִין הַיּוֹצְאִין מֵהֶם חַיָּבִין בְּמַעַשְׂרוֹת. וְלֹא אֶת תִּבְנוֹ לִלְקֹט מִמֶּנּוּ תְּבוּאָה לְמִי שֶׁאֵינוֹ נֶאֱמָן שֶׁהַתְּבוּאָה שֶׁתִּלָּקֵט מִן הַתֶּבֶן חַיֶּבֶת בְּמַעֲשֵׂר:
6After produce has reached the "phase of tithing," a person should not sell it to someone who is not trusted with regard to tithes.26Lest that person fail to tithe it and the seller thus be liable for "placing a stumbling block in the path of the blind." If [a portion of] the produce ripened,27I.e., reached a stage when it was required to separate the tithes. he should remove that [portion] which ripened. It is then permitted to sell the remainder that has not reached the "phase of tithing."28The Radbaz notes that this clause appears to be in contradiction with the final clause of the previous halachah, for seemingly if part of the crop has become obligated in the tithes, the entire crop has. He explains that if the grapes are growing on different vines, the stringency mentioned in the previous halachah does not apply.Similarly, a person should not sell olive dregs and grape dregs to someone who is not trusted with regard to tithes to extract [oil or wine] from them,29I.e., the purchaser stated that he was purchasing them for this purpose. If, however, such a statement of intent is not made, these may be sold, for it is most likely they will be used as fuel for a fire. for the liquids extracted from these dregs must be tithed. Nor should he sell straw so that grain can be picked from it to someone who is not trusted, for the grain picked from the straw must be tithed.
ז׳שִׁמְרֵי יַיִן שֶׁנָּתַן עֲלֵיהֶם מַיִם וְסִנְּנָן אִם נָתַן שְׁלֹשָׁה וּמָצָא אַרְבָּעָה מוֹצִיא מַעֲשֵׂר מִזֶּה הַיֶּתֶר מִמָּקוֹם אַחֵר. וְאֵינוֹ מַפְרִישׁ עָלָיו תְּרוּמָה שֶׁהַתּוֹרֵם בַּתְּחִלָּה בְּלִבּוֹ עַל הַכּל כְּמוֹ שֶׁבֵּאַרְנוּ בִּתְרוּמָה. מָצָא פָּחוֹת מֵאַרְבָּעָה אַף עַל פִּי שֶׁמָּצָא יֶתֶר עַל מִדָּתוֹ וְאַף עַל פִּי שֶׁיֵּשׁ בָּהֶן טַעַם יַיִן פָּטוּר:
7[The following laws apply when a person] mixed water with wine dregs and filtered the mixture. If he mixed in three measures of water and received four measures, [the mixture is considered wine] and he must separate tithes for this extra measure from another source.30The bracketed addition is made on the basis of the gloss of Rabbi Ovadiah of Bartenura to Ma'aserot 5:6. For there is no reason why that produce itself cannot be used for the tithes. He does not have to separate terumah, for when one separates terumah, he has the intent to separate terumah for the entire amount, as stated above with regard to terumah.31Hilchot Terumah 4:21. The Radbaz explains that this proviso is made with regard to terumah and not with regard to the tithes, because terumah is given by estimation, while the tithes must be measured exactly. If he received less than four measures, he is exempt, even if he received more than he mixed in and even if the mixture has the flavor of wine.32As long as the wine is not one fourth of the new mixture, it is not considered as significant.
ח׳הַמַּקְדִּישׁ פֵּרוֹתָיו כְּשֶׁהֵן מְחֻבָּרִין עַד שֶׁלֹּא בָּאוּ לְעוֹנַת הַמַּעֲשֵׂר וּפְדָאָן וְאַחַר שֶׁפְּדָאָן הִגִּיעוּ חַיָּבִין בְּמַעֲשֵׂר. וְאִם בָּאוּ לְעוֹנַת הַמַּעַשְׂרוֹת וְהֵם בְּיַד הַגִּזְבָּר וְאַחַר כָּךְ פְּדָאָן פְּטוּרִין:
8When a person consecrated his produce when it was attached to the ground, before they reached the "phase of tithing," and then redeemed them, and after he redeemed them, it reached that stage of development, he is obligated to tithe them.33Because at the time the obligation to tithe them took effect, the crops were ordinary produce. If the produce reached the "phase of tithing" while it was in the domain of the Temple treasurer and he redeemed it afterwards, he is exempt.34Because at the time the obligation to tithe them took effect, the crops were consecrated property and there is no obligation to tithe consecrated property.
ג׳
א׳פֵּרוֹת שֶׁהִגִּיעוּ לְעוֹנַת הַמַּעַשְׂרוֹת וְנִתְלְשׁוּ וַעֲדַיִן לֹא נִגְמְרָה מְלַאכְתָּן כְּגוֹן תְּבוּאָה שֶׁקְּצָרָהּ וְדָשָׁהּ וַעֲדַיִן לֹא זָרָה אוֹתָהּ וְלֹא מֵרְחָהּ מֻתָּר לֶאֱכל מֵהֶן אֲכִילַת עַרְאַי עַד שֶׁתִּגָּמֵר מְלַאכְתָּן. וּמִשֶּׁתִּגָּמֵר מְלַאכְתָּן אָסוּר לֶאֱכל מֵהֶן עַרְאַי:
1When produce has reached the "phase of tithing,"1See Chapter 2, Halachot 3-5, which also dwell on this subject. it was detached [from the earth], but the work preparing it was not completed, e.g., grain that he harvested and threshed, but [the reaper] did not winnow it or straighten the grain pile, he may partake of it as a snack2According to Scriptural Law, there are no restrictions at all on partaking of this produce. Nevertheless, our Sages only allowed one to partake of it as a snack. They, however, did not allow him to partake of it as part of a significant meal (Rashi, Berachot 31a). [without tithing] until those tasks are completed. Once those tasks are completed, it is forbidden to partake of it as a snack [without tithing].
ב׳בַּמֶּה דְּבָרִים אֲמוּרִים בְּגוֹמֵר פֵּרוֹתָיו לְמָכְרָן בַּשּׁוּק. אֲבָל אִם הָיְתָה כַּוָּנָתוֹ לְהוֹלִיכָן בַּבַּיִת הֲרֵי זֶה מֻתָּר לֶאֱכל מֵהֶן עַרְאַי אַחַר שֶׁנִּגְמְרָה מְלַאכְתָּן עַד שֶׁיִּקָּבְעוּ לְמַעֲשֵׂר:
2When does the above apply? When one is completing the work [necessary to prepare] the produce to be sold in the market place. If, however, his intent was to bring it to his home,3The difference between the two instances can be explained as follows: If he intends to sell it, then he will sell it when he meets a purchaser even before taking it to the marketplace. And the produce must be tithed before it is sold. Hence, as soon as the work associated with it is completed, he must tithe it. In contrast, when he intends to bring the produce home, everything is dependent on his own intent. Hence, he is given this leniency [the Jerusalem Talmud (Ma'aserot 1:5)].The Ra'avad differs with the Rambam's ruling, maintaining that since the Torah mentions grain from the grainheap and wine from the vat, the obligation to tithe these types of produces takes effect when they are in the grainheap and the vat. The Radbaz and the Kessef Mishneh support the Rambam's ruling and it is cited as halachah by the Shulchan Aruch (Yoreh De'ah 331:82). he may partake of it as a snack [even] after the work involving it is completed until a situation occurs which obligates the separation of tithes.4The definition of such acts is the subject of the following halachot.
ג׳אֶחָד מִשִּׁשָּׁה דְּבָרִים קוֹבֵעַ הַפֵּרוֹת לְמַעַשְׂרוֹת. הֶחָצֵר. וְהַמִּקָּח. וְהָאֵשׁ. וְהַמֶּלַח. וְהַתְּרוּמָה. וְהַשַּׁבָּת. וְכֻלָּן אֵין קוֹבְעִין אֶלָּא בְּדָבָר שֶׁנִּגְמְרָה מְלַאכְתּוֹ:
3Six situations5The Ra'avad asks why the Rambam does not mention pickling, for that is also cited by the Mishnah (Ma'aserot 4:1). According to the Rambam, that act is including in salting, because he interprets the mishnah as meaning pickling in brine (see his Commentary to the Mishnah). It is, nevertheless, difficult why the mishnah mentions salting and pickling as separate activities. Note, however, Chapter 5, Halachah 14, which could also be interpreted as referring to pickling in vinegar. obligate the separation of tithes from produce:6Accoridng to Rabbinic Law. With regard to Scriptural Law, see the following chapter. [bringing it into] a courtyard,7A courtyard that is protected (Chapter 4, Halachah 8). Here the intent of mentioning a courtyard is to refer to any dwelling as explained in Chapter 4. a transaction,8See Chapter 5, Halachah 1ff. [subjecting it to] fire,9See Chapter 5, Halachah 14. salting it,10Ibid.:18. separating terumah,11Ibid.:19. and [the commencement of] the Sabbath.12Ibid.:20. These situations require the separation of tithes only when the work necessary to prepare the produce has been completed.
ד׳כֵּיצַד. פֵּרוֹת שֶׁדַּעְתּוֹ לְהוֹלִיכָן לַבַּיִת אַף עַל פִּי שֶׁנִּגְמְרָה מְלַאכְתָּן אוֹכֵל מֵהֶן אֲכִילַת עַרְאַי עַד שֶׁנִּכְנְסוּ לַבַּיִת. נִכְנְסוּ לַבַּיִת נִקְבְּעוּ לְמַעַשְׂרוֹת וְאָסוּר לֶאֱכל מֵהֶן עַד שֶׁיְּעַשֵּׂר. וְכֵן אִם מְכָרָן אוֹ בִּשְּׁלָן בְּאוּר אוֹ כְּבָשָׁן בְּמֶלַח אוֹ הִפְרִישׁ מֵהֶן תְּרוּמָה אוֹ נִכְנְסָה שַׁבָּת עֲלֵיהֶם לֹא יֹאכַל עַד שֶׁיְּעַשֵּׂר אַף עַל פִּי שֶׁלֹּא הִגִּיעוּ לַבַּיִת. הִכְנִיסָן לַבַּיִת קֹדֶם שֶׁתִּגָּמֵר מְלַאכְתָּן הֲרֵי זֶה אוֹכֵל מֵהֶן עַרְאַי. הִתְחִיל לִגְמֹר מְלַאכְתָּן מֵאַחַר שֶׁנִּכְנְסוּ לַבַּיִת חַיָּב לְעַשֵּׂר הַכּל. כֵּיצַד. הִכְנִיס קִשּׁוּאִין וְדִילוּעִין לַבַּיִת קֹדֶם שֶׁיְּשַׁפְשֵׁף מִשֶּׁיַּתְחִיל לְשַׁפְשֵׁף אַחַת נִקְבְּעוּ הַכּל לְמַעֲשֵׂר. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה. וְכֵן הַתּוֹרֵם פֵּרוֹת שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן מֻתָּר לֶאֱכל מֵהֶן עַרְאַי. חוּץ מִכַּלְכָּלַת תְּאֵנִים שֶׁאִם תְּרָמָהּ קֹדֶם שֶׁתִּגְמֹר מְלַאכְתָּן נִקְבְּעָה לְמַעֲשֵׂר:
4What is implied? One may eat a snack from produce which he intends to bring home [without tithing], even though the work necessary to prepare it has been completed until he enters his home. Once he enters his home,13Or even, as indicated in the previous halachah, it is brought into a courtyard that serves the home. the obligation to separate tithes takes effect and he is forbidden to partake of it14Even partaking from it as a snack is forbidden. until he tithes it.Similarly, if he sold it, cooked it by fire, pickled it in salt, separated terumah from it, or the Sabbath commenced, he may not partake of it until he separates the tithes even though it has not reached the house.If he brought the produce into his home before he completed the work associated with it, he may continue to snack from it.15See Halachah 6. If he began to complete the work associated with its completion, he is obligated to tithe the entire amount.16Not only the portion for which he completed the work.What is implied? A person brought zucchini and squash home before he rubbed them [to remove the hairs on their surface]. Once he begins rubbing one of them, he is obligated to tithe all of them. Similar laws apply in all analogous situations.Similarly, when one separates terumah from produce for which all the tasks necessary to prepare it have not been completed, it is permitted to snack from them with the exception of a basket of figs.17Neither here, nor in his Commentary to the Mishnah (Ma'aserot 2:4), does the Rambam explain why figs are singled out from other fruit. The Radbaz quotes the gloss of Rabbenu Shimshon as stating that the intent is not only figs, but all fruit that is set aside for drying. Even though one's original intent is that the fruit be dried, since it is home and it is in a basket, it may be served at any time. Therefore, it is necessary to tithe it. If one separates terumah from them before the work associated with preparing them is finished, the obligation to tithe takes effect.
ה׳הַמֵּבִיא לְבַיִת סֻכֵּי תְּאֵנָה וּבָהֶם תְּאֵנִים. מִכְבְּדֵי תְּמָרָה וּבָהֶם תְּמָרִים. אִם הִכְנִיסוּם תִּינוֹקוֹת אוֹ פּוֹעֲלִים לֹא נִקְבְּעוּ לְמַעֲשֵׂר. וְאִם הִכְנִיסָן בַּעַל הַבַּיִת חַיָּב בְּמַעֲשֵׂר. הִכְנִיס שִׁבֳּלִים לַעֲשׂוֹת מֵהֶן עִסָּה לֹא נִקְבְּעוּ. לְאָכְלָן מְלִילוֹת נִקְבְּעוּ לְמַעֲשֵׂר. בַּמֶּה דְּבָרִים אֲמוּרִים בִּתְבוּאָה. אֲבָל בְּקִטְנִיּוֹת לֹא נִקְבְּעוּ לְמַעֲשֵׂר:
5[The following laws apply if] fig-branches to which figs were still attached or date fronds to which dates were still attached18Since the fruit was not removed from the branches, it is considered as if the tasks preparing this fruit are not completed. were brought home. If children or workers brought them [to a person's home], the obligation to tithe does not yet take effect.19Since the produce is not their own, their intent in bringing the branches in is not significant. If the owner of the home brought them, he is obligated to tithe them.20For the fact that he brings them home indicates that from his perspective, all work has been completed.If he brought in stalks of grain to make dough, the obligation to tithe does not take effect.21For he will be performing further work to prepare the grain for produce. If he intended to eat them as kernels, it does take effect.22In such an instance, the kernels are basically ready to be eaten and bringing them home is considered as collecting them in a grainheap. When does the above apply? With regard to grain. With regard to legumes, the obligation to tithe does not take effect [in that instance].23For the kernels of legumes are generally not collected to be eaten at this stage of preparation and hence, there is no obligation to tithe.
ו׳מֻתָּר לְהַעֲרִים עַל הַתְּבוּאָה לְהַכְנִיסָהּ בְּמוֹץ כְּדֵי שֶׁתִּהְיֶה בְּהֶמְתּוֹ אוֹכֶלֶת וּפְטוּרָה מִן הַמַּעֲשֵׂר. וְזוֹרֶה מְעַט מְעַט אַחַר שֶׁהִכְנִיס לְבֵיתוֹ וּפָטוּר לְעוֹלָם מִן הַתְּרוּמָה וּמִן הַמַּעַשְׂרוֹת שֶׁהֲרֵי אֵינוֹ מַתְחִיל לִגְמֹר הַכּל:
6It is permitted to be crafty and bring [grain that has been harvested] into one's home while it still has its outer shell24I.e., without having threshed it or winnowed it. so that one's livestock can partake of it25Feeding one's livestock is considered equivalent to eating a snack. Note, however, Halachah 20 which could qualify this statement (Kessef Mishneh). and thus it is exempt from tithes.26Since the work to prepare it for human consumption has not been completed.The reason for this leniency is that according to Scriptural Law, there is no obligation to tithe until all the tasks associated with the produce are completed and it is brought within a home. Hence since only a Rabbinic prohibition is involved, there is room for leniency. One may then winnow a small portion of it after it has been brought into one's home.27I.e., he need not feed it to his livestock with its chaff. Moreover, he can perform this activity several times. Different laws apply with regard to humans. They may snack from such produce, but may not partake of a significant amount of it (Siftei Cohen 331:114). He is thus exempt from [the obligation to separate] terumah and tithes forever, since he has not begun to complete [the tasks necessary to prepare] the entire [harvest].
ז׳הַגּוֹמֵר פֵּרוֹתָיו שֶׁל חֲבֵרוֹ שֶׁלֹּא מִדַּעְתּוֹ וְכֵן הַקּוֹבֵעַ פֵּרוֹתָיו בְּאֶחָד מִן הַשִּׁשָּׁה דְּבָרִים שֶׁקּוֹבְעִים לְמַעֲשֵׂר שֶׁלֹּא מִדַּעְתּוֹ הֲרֵי אֵלּוּ טָבְלוּ לְמַעֲשֵׂר:
7When a person completes the task necessary to process a colleague's produce without his knowledge or he brings the produce to one of the six situations28I.e., those described in Halachah 3. In particular, the Radbaz asks questions concerning two of those situations: selling the produce and the commencement of the Sabbath. Seemingly, a sale cannot be made without the owner's consent and the Sabbath is not dependent on the other person's activity. The Radbaz explains that with regard to a sale, we are speaking about an instance where afterwards the owner consented to the sale. And with regard to the Sabbath, we are speaking about a situation where the other person completed the work associated with the produce before the Sabbath commenced. Thus when the Sabbath commenced, the produce was fit to be ready to be obligated in the tithes. that establish an obligation to tithe without [the owner's] knowledge, [this produce] incurs the obligation to be tithed.29For the produce has reached the stage when it is necessary to tithe it. This is not dependent on the owner's intent.
ח׳אֵי זֶהוּ גְּמַר מְלַאכְתָּן שֶׁל פֵּרוֹת. הַקִּשּׁוּאִין וְהַדִּילוּעִין וְהָאֲבַטִּיחִין מִשֶּׁיְּשַׁפְשֵׁף בְּיָדוֹ וְיָסִיר הַצִּהוּב שֶׁעֲלֵיהֶן כְּמוֹ שֵׂעָר דַּק. וְאִם אֵינוֹ מְשַׁפְשֵׁף מִשֶּׁיַּעֲמִיד עֲרֵמָה. וּבַאֲבַטִּיחַ מִשֶּׁיַּסְדִּיר אוֹתוֹ בְּמֻקְצֶה אֲבַטִּיחַ בְּצַד אֲבַטִּיחַ. הָיָה מְשַׁפְשֵׁף אַחַת אַחַת כֵּיוָן שֶׁגָּמַר כָּל צָרְכּוֹ נִגְמְרָה מְלַאכְתָּן. וְתוֹרְמִין קִשּׁוּאִין וְדִילוּעִין אַף עַל פִּי שֶׁלֹּא הֵסִיר הַצִּהוּב מֵעֲלֵיהֶן:
8What is meant by completing the work associated with produce? For zucchini, squash, and watermelon, it is when one rubs them with his hands and removes the golden hairs upon them. If he does not rub them,30For there are those who do not make these preparatory steps, but rather sell the fruit as is. it is when he makes a pile. For a watermelon,31For it is not common to make a pile of watermelons. it is when he arranges them in a designated place, one watermelon next to another. If one rubs the fruit one by one, when he completed [rubbing] all that he needed, that [specific produce] is considered as if the tasks necessary to prepare it were completed.32And it alone must be tithed (Radbaz).The Radbaz and the Kessef Mishneh note that in Halachah 4, the Rambam states that as soon as he rubs the hair off one fruit or vegetable, the entire quantity is required to be tithed, while in this halachah, he states that only those he seeks to use immediately must be tithed. Among the resolutions they offer are:a) in Halachah 4, the person's intent is to prepare the entire quantity of produce. Therefore, as soon as he begins, that entire quantity must be tithed. Here, he only desires to prepare a limited quantity. Hence, it is only the quantity that he actually prepares that must be tithed.b) Halachah 4 speaks about an instance when he prepares them in his home, while this halachah speaks about preparing them in the field to bring home. We may separate terumah from zucchini and squash even though the hairs have not been removed from it.33I.e., this is allowed as an initial preference. The Radbaz explains that although the Rambam mentions only the separation of terumah, he also means the separation of the tithes, because it is unfeasible to think that terumah should be separated but not the tithes.
ט׳הַיָּרָק הַנֶּאֱגָד מִשֶּׁיֶּאֱגֹד. אִם אֵינוֹ אוֹגֵד מִשֶּׁיְּמַלֵּא אֶת הַכְּלִי. [אִם] אֵינוֹ מְמַלֵּא הֲרֵי זֶה אוֹכֵל עַרְאַי עַד שֶׁיְּלַקֵּט כָּל צָרְכּוֹ:
9For vegetables that are [sold while] bound together,34E.g., like garlic or onions that are woven together. it is when they are bound together. If the vegetables are not bound together, it is when the container is full. If he does not fill the container, he may snack from the produce until he gathers all that he needs.
י׳כַּלְכָּלָה מִשֶּׁיְּחַפֶּה הַפֵּרוֹת שֶׁבָּהּ בְּעָלִים וּבְהוּצִין וְכַיּוֹצֵא בָּהֶן. אִם אֵינוֹ מְחַפֶּה מִשֶּׁיְּמַלֵּא אֶת הַכְּלִי. אִם אֵינוֹ מְמַלֵּא עַד שֶׁיְּלַקֵּט כָּל צָרְכּוֹ:
10For a basket [of produce], it is when the produce will be covered by leaves, straw, and the like.35From the Rambam's Commentary to the Mishnah (Ma'aserot 1:5), it appears that after reapers would gather fruit, they would cover it with leaves or straw to protect it from the sun. If he does not cover it, it is when the container is full. If he does not fill the container, it is when he gathers all that he needs.
י״אכְּלִי גָּדוֹל שֶׁדַּעְתּוֹ לְמַלְּאוֹת אֶת חֶצְיוֹ כֵּיוָן שֶׁמִּלֵּא חֶצְיוֹ נִטְבַּל. הָיָה בְּדַעְתּוֹ לְמַלְּאוֹת אֶת כֻּלּוֹ אֵינוֹ נִטְבָּל עַד שֶׁיְּמַלֵּא אֶת כֻּלּוֹ. הָיוּ שְׁנַיִם וּבְדַעְתּוֹ לְמַלְּאוֹת אֶת שְׁנֵיהֶם לֹא נִטְבְּלוּ עַד שֶׁיְּמַלֵּא שְׁנֵיהֶם:
11[When a person is gathering produce] in a large container, but he desires to fill only a portion of it, once he fills that portion, [the produce] must be tithed. If he intends to fill the entire container, [the produce is] not required to be tithed until he fills the entire container. If he has two containers and desires to fill both of them, [the produce is] not required to be tithed until he fills both of them.
י״באָגַד הַיָּרָק אֶגֶד גָּדוֹל בַּשָּׂדֶה אַף עַל פִּי שֶּׁבְּדַעְתּוֹ לְאָגְדוֹ אֲגֻדּוֹת קְטַנּוֹת לַשּׁוּק הֲרֵי זֶה נִטְבָּל. הַפֶּרֶד וְהַצִּמּוּקִין וְהֶחָרוּבִין מִשֶּׁיַּעֲמִיד עֲרֵמָה בְּרֹאשׁ גַּגּוֹ. וְהַבְּצָלִים מִשֶּׁיָּסִיר הֶעָלִים וְהַקְּלִפּוֹת שֶׁדַּרְכּוֹ לְהַשְׁלִיכָם מֵעֲלֵיהֶן. וְאִם אֵינוֹ מֵסִיר עַד שֶׁיַּעֲמִיד עֲרֵמָה:
12When a person made a large weave of vegetables in the field, the obligation to tithe takes effect36For the work in the field associated with their preparation has been completed. even though he intended to [undo the larger weave and] make a smaller weave for the marketplace.Dried pomegranate seeds, raisins, and carobs, [become obligated to be tithed] when a person sets up a pile on top of his roof. Onions [become obligated] when one removes the leaves and shells that he would generally discard. If he does not remove them, [there is no obligation to tithe the onions], until one stores them in a pile.
י״גהַתְּבוּאָה מִשֶּׁיְּמַרֵחַ. וְאֵי זֶהוּ מְמָרֵחַ זֶה הַמְיַפֶּה פְּנֵי הַכְּרִי שֶׁל תְּבוּאָה בְּרַחַת בְּסוֹף כָּל דָּבָר כְּדֶרֶךְ שֶׁעוֹשִׂין כְּשֶׁגּוֹמְרִין כָּל מַעֲשֶׂיהָ. אִם אֵינוֹ מְמָרֵחַ עַד שֶׁיַּעֲמִיד עֲרֵמָה. הַקִּטְנִיּוֹת מִשֶּׁיִּכְבֹּר וְנוֹטֵל מִתַּחַת הַכְּבָרָה וְאוֹכֵל. [אִם] אֵינוֹ כּוֹבֵר עַד שֶׁיְּמַרֵחַ. וְאַף עַל פִּי שֶׁמֵּרֵחַ מֻתָּר לִטּל מִן הַקּוּטְעִים וּמִן הַצְּדָדִין וּמִמַּה שֶּׁבְּתוֹךְ הַתֶּבֶן וְאוֹכֵל:
13Grain [becomes obligated] when one is mimareach it. What is meant by mimareach? When one straightens the surface of the grainheap with a pitchfork at the conclusion of the entire process, as one would do when he concludes all his work.37I.e., it is obvious that the person's intent is not to add other sheathes to the grain heap. Significantly, the Rambam's definition here is slightly different than the definition he gives in his Commentary to the Mishnah (Pe'ah 1:6). If a person is not mimareach, [the obligation takes effect], when he makes a pile.Legumes [become obligated] when one sifts them38For it is common for pebbles to become mixed together with legumes and the legumes are sifted to remove them. and takes them from under the sifter and partakes of them. If he does not sift them, [the obligation takes effect when] he is mimareach.Even though he is mimareach, it is permitted to take from the scattered stalks,39Our translation is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 1:6). those on the side, and the kernels that are in the straw, and partake of them.40This is considered as a snack and hence, tithes are not required.
י״דהַיַּיִן מִשֶּׁיַּנִּיחֶנּוּ בֶּחָבִיּוֹת וְיִשְׁלֶה הַזַּגִּין וְהַחֲרְצָנִין מֵעַל פִּי הֶחָבִית. אֲבָל כְּשֶׁהוּא בְּתוֹךְ הַבּוֹר כְּשֶׁיַּגְבִּיהֶנּוּ לְהַעֲמִידוֹ בֶּחָבִית שׁוֹתֶה עַרְאַי וְקוֹלֵט מִן הַגַּת הָעֶלְיוֹנָה וּמִן הַצִּנּוֹר וּמִכָּל מָקוֹם וְשׁוֹתֶה:
14Wine [becomes obligated] when it is stored in a barrel and the peels and seeds are removed from the top of the barrel. When, however, it is in the vat and one takes out some to put it in a barrel, one may drink from it casually.41I.e., drink the equivalent of a snack. The Kessef Mishneh states that when one takes the wine before it reaches the storage vat, one may drink from it without tithing even though he removes the peels and seeds. Similarly, he may collect [wine] from the upper vat,42I.e., the place where the grapes were crushed to produce wine (ibid.:7). from a conduit, or from any place and drink it [without tithing].
ט״והַשֶּׁמֶן מִשֶּׁיֵּרֵד לַעוּקָה אַף עַל פִּי שֶׁיָּרַד נוֹטֵל מִן הָעֵקֶל וּמִן הַמֶּמֶל וּמִבֵּין הַפַּסִּין וְנוֹתֵן לִקְעָרָה קְטַנָּה וּלְתַמְחוּי לְתוֹךְ הַתַּבְשִׁיל אַף עַל פִּי שֶׁהוּא חַם מִפְּנֵי שֶׁאֵינוֹ מִתְבַּשֵּׁל בִּכְלִי שֵׁנִי. וְאִם הָיָה חַם בְּיוֹתֵר כְּדֵי שֶׁיִּכְוֶה אֶת הַיָּד לֹא יִתֵּן לְתוֹכוֹ מִפְּנֵי שֶׁהוּא מִתְבַּשֵּׁל:
15Oil [becomes obligated] when it descends to the vat.43The storage pit (ibid.). Even though it has descended, one may take from the rope basket,44In his Commentary to the Mishnah (ibid.), the Rambam explains that a basket was made of ropes and olives were placed within. Afterwards, they would press the olives in that basket. The translation of the two terms that follow are also from the same source. the stone [used to grind the olives], the boards or stones of the olive press. One may place [untithed] oil into cooked food in a small dish or a large pot even though [the food] is hot, because it will not cook in a secondary vessel.45The term "secondary vessel" refers to a utensil in which hot food was placed after it was removed from a fire. The Rambam is referring to the following difficulty. As stated in Halachah 3, subjecting produce to fire establishes an obligation to tithe. Thus as the Rambam states in Chapter 5, Halachah 16, if a person places oil into a pot that is on the fire or just removed from the fire, the obligation to tithe is established. In the instance described in our halachah, that is not the case, because food will not cook in a secondary vessel. If [the food] was very hot, so much so that one's hand would burn, he should not put [untithed oil] into it, because it will be cooked.46And an obligation to tithe will have been established. The Radbaz explains that this clause is not speaking about a secondary vessel, because a secondary vessel never cooks (Shabbat 40b). Alternatively, the laws of cooking are different with regard to the establishment of an obligation to tithe than with regard to the Sabbath laws or the laws of Kashrut. In this instance, when a secondary vessel is very hot, it can be considered as having cooked.
ט״זהָעִגּוּל שֶׁל דְּבֵלָה מִשֶּׁיַחְלִקֶּנּוּ. הַגְּרוֹגָרוֹת מִשֶּׁיָּדוּשׁ. וְאִם הִכְנִיסָם לִמְגוּרָה מִשֶּׁיַּעֲגִיל בְּיָדוֹ עַל פִּי הַמְּגוּרָה. הָיָה דָּשׁ הַגְּרוֹגָרוֹת בְּחָבִית אוֹ הָעִגּוּל עַל פִּי הַמְּגוּרָה [נִשְׁבְּרָה הֶחָבִית אוֹ שֶׁנִּפְתְּחָה הַמְּגוּרָה] הֲרֵי זֶה לֹא יֹאכַל עַד שֶׁיְּעַשֵּׂר:
16A cake of dried figs [becomes obligated] when it is smoothed. Dried figs [become obligated] when they become crushed [into the container in which they will be stored].47Our translation is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 1:8). If they were placed in a storage container, [they become obligated] when one smoothes out the surface of the storage container by hand. If one was crushing dried figs into a jug or into a cake at the opening of a storage container and the jug becomes broken or the storage container is opened, he should not partake of [the figs] until they are tithed.
י״זתְּאֵנִים וַעֲנָבִים שֶׁבַּמֻּקְצֶה מֻתָּר לֶאֱכל מֵהֶן עַרְאַי בִּמְקוֹמָן. אֲבָל אִם נָטַל מִן הַמֻּקְצֶה וְהוֹלִיךְ לְמָקוֹם אַחֵר לֹא יֹאכַל מֵהֶן עַרְאַי שֶׁהֲרֵי נִגְמְרָה מְלַאכְתָּן אַף עַל פִּי שֶׁלֹּא יָבְשׁוּ כָּל צָרְכָּן:
17When figs and grapes have been set aside [to dry], it is permitted to snack from them in the place where they were set aside.48Since they have not been dried out, it is considered as if the tasks necessary to prepare them have not been completed. If, however, he took some from the place where they were set aside, he should not snack from them, because the tasks involved [in their preparation] have been completed, even though they have not dried out totally.49I.e., moving them causes it to be considered as if the tasks have been completed.
י״חהֶחָרוּבִין עַד שֶׁלֹּא כִּנְּסָן לְרֹאשׁ הַגַּג מוֹרִיד מֵהֶן לִבְהֵמָה וּפָטוּר. מִפְּנֵי שֶׁהוּא מַחֲזִיר אֶת הַמּוֹתָר לְיַבְּשׁוֹ וְנִמְצָא מַאֲכִיל עַרְאַי:
18Carobs [become obligated] when he collects them on top of the roof to dry.50Since he will ultimately do so, until he does so, the tasks associated with their preparation have not been completed. He may take some down [from the roof] for fodder for his livestock. He is exempt [from tithing],51Even though he has brought the produce into his courtyard. because he will put back what is left over. He is thus using it as fodder as a temporary measure.
י״טמַעֲשֵׂר רִאשׁוֹן שֶׁהִקְדִּימוּ בְּשִׁבֳּלִים אָסוּר לֶאֱכל מִמֶּנּוּ עַרְאַי קֹדֶם שֶׁיַּפְרִישׁ תְּרוּמָתוֹ וְאִם אָכַל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. כֵּיצַד הִיא אֲכִילַת עַרְאַי. כְּגוֹן שֶׁהָיָה מְקַלֵּף שְׂעוֹרִים וְאוֹכֵל מְקַלֵּף אַחַת אַחַת. וְאִם קִלֵּף וְכָנַס לְתוֹךְ יָדוֹ חַיָּב לְעַשֵּׂר. הָיָה מוֹלֵל מְלִילוֹת שֶׁל חִטִּים מְנַפֶּה מִיָּד לְיָד וְאוֹכֵל. וְאִם נִפָּה לְתוֹךְ חֵיקוֹ חַיָּב לְעַשֵּׂר וְאֵין צָרִיךְ לוֹמַר אִם נִפָּה בִּכְלִי שֶׁאֵין זֶה עַרְאַי. וְכֵן נוֹטֵל מִן הַיַּיִן וְנוֹתֵן לִקְעָרָה לְתוֹךְ תַּבְשִׁיל צוֹנֵן וְאוֹכֵל. אֲבָל לֹא לְתוֹךְ הַקְּדֵרָה אַף עַל פִּי שֶׁהִיא צוֹנֶנֶת מִפְּנֵי שֶׁהִיא כְּבוֹר קָטָן. וְכֵן סוֹחֵט זֵיתִים עַל בְּשָׂרוֹ אֲבָל לֹא לְתוֹךְ יָדוֹ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
19When a person separated the first tithe while the produce was still in stalks,52Before it was threshed. it is forbidden to partake of it until terumat ma'aser is separated from it.53There is, however, no necessity to separate the great terumah. See Hilchot Terumot 3:13. If he partook of it, he is given stripes for rebellious conduct.54The punishment given for the violation of Rabbinical commandments or other transgressions that are not punishable by lashes according to Scriptural Law.What is meant by partaking of food as a snack? If a person was peeling barley kernels and eating them, he may peel them one by one.55Without having to tithe them. If he peeled several and held them in his hand, he is required to tithe them.56For this is considered as if he was partaking of the meal in a significant manner, not merely snacking. Alternatively, because this represents the conclusion of the tasks associated with preparing the grain. If he was crushing the shells of wheat kernels, he may sift the chaff from hand to hand and partake of them.57Even though he has brought the produce into his courtyard. If he sifted them into his bosom, he is required to tithe them.58Before it was threshed. Needless to say, if he sifted them with a utensil, [he is required to tithe them], for this is not a temporary measure.Similarly, one may take wine and put it into a cold cooked dish in a bowl and partake of it. One may not, by contrast, put it into a pot59Which had been cooked on a fire. even if it was cold, because it is considered like a small cistern.60I.e., just as when wine is placed in a cistern, the work involved in its preparation is considered to have been completed, so too, when it is placed in a cooked dish, the work involved in its preparation is considered to be finished. Similarly, one may squeeze olives onto his skin [without tithing],61Applying oil is considered equivalent to eating (Chapter 13, Halachah 16). Nevertheless, such an application is considered as equivalent to merely partaking of a snack. but not into his hand. Similar laws apply in all analogous situations.
כ׳וּכְשֵׁם שֶׁמֻּתָּר לֶאֱכל עַרְאַי מִפֵּרוֹת שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן כָּךְ מֻתָּר לְהַאֲכִיל מֵהֶן לְחַיָּה וְלִבְהֵמָה וְלָעוֹפוֹת כָּל מַה שֶּׁיִּרְצֶה וּמַפְקִיר מֵהֶן כָּל מַה שֶּׁיִּרְצֶה קֹדֶם שֶׁיְּעַשֵּׂר. וְאִם גָּמְרוּ אַף עַל פִּי שֶׁלֹּא נִקְבְּעוּ לְמַעֲשֵׂר לֹא יַפְקִיר. וְלֹא יַאֲכִיל לִבְהֵמָה וּלְחַיָּה וּלְעוֹפוֹת אֲכִילַת קֶבַע עַד שֶׁיְּעַשֵּׂר. וּמֻתָּר לְהַאֲכִיל לִבְהֵמָה עַרְאַי מִן הַטֶּבֶל וַאֲפִלּוּ בְּתוֹךְ הַבַּיִת. וּמַאֲכִיל פְּקִיעֵי עָמִיר עַד שֶׁיַּעֲשֵׂם חֲבִילוֹת:
20Just as it is permitted to partake of produce as a snack when the work [involved in its preparation] has not been completed,62See Halachah 1. so too, it is permitted to feed such produce to animals, livestock, and fowl as one desires. Similarly, one may declare as much of this produce ownerless as he desires.63I.e., giving them a large amount, not merely a snack.If he completed those tasks, even when the obligation to tithe was not established,64E.g., he intended to bring the produce home and hence, the obligation to tithe is not established until he does so. he may not declare the produce ownerless, nor may he feed it to livestock, animals, and fowl in a significant manner until he tithes it. It is permitted to feed an animal tevel in an insignificant manner, even in one's home.65The Ra'avad questions this ruling based on the Jerusalem Talmud (Ma'aserot 1:6) which quotes Rabbi Shimon ben Elazar as stating that once produce is brought into a person's courtyard (i.e., his residence), it cannot be fed to an animal without tithing. The Radbaz explains that according to the Rambam, our Sages differ with Rabbi Shimon ben Elazar on this point and do not require tithing. The rationale is that since the entire obligation to tithe animal fodder is Rabbinic in origin, this obligation was instituted only when the animal was fed a significant amount. One can feed [an animal] rolls of chilba66Our translation is based on the Rambam LeAm. Generally, amir is translated as "straw." In this instance, we have facored this translation, because straw is not found for humans. until one bundles them as packages.67For this represents the completion of the tasks associated with the preparation of this produce. Although chilba is occasionally used as food for humans, it is primarily considered as animal fodder.
כ״אהַמּוֹצֵא קְצִיצוֹת בַּדֶּרֶךְ אֲפִלּוּ בְּצַד שְׂדֵה קְצִיצוֹת הֲרֵי אֵלּוּ פְּטוּרִין מִן הַמַּעֲשֵׂר. מָצָא גְּרוֹגָרוֹת אִם דָּרְסוּ רֹב הַגְּרוֹגָרוֹת רֹב הָאָדָם חַיָּב לְעַשֵּׂר. שֶׁחֶזְקָתָן מִדָּבָר שֶׁנִּגְמְרָה מְלַאכְתָּן. וְכֵן אִם מָצָא פִּלְחֵי דְּבֵלָה שֶׁיָּדוּעַ שֶׁהֵם מִדָּבָר הַגָּמוּר:
21When a person discovers fruits68Our translation is based on the Rambam's Commentary to the Mishnah (Ma'aserot 3:4). There he explains that the term ketzitzot refers to "individual fruits that have been detached from any species of fruit." Often, the term is used to refer to fresh figs. on the road - even if he finds them next to an orchard of that fruit - they are exempt from the tithes.69For we assume that the owners despaired of their return when the fruit fell outside their property. This is considered equivalent to declaring them ownerless. When produce was declared ownerless before the work involved in its preparation was concluded, there is no obligation to tithe. When one found dried figs, if most people already crushed their dried figs [into larger masses], he is obligated to tithe [what he found], for we assume that it came from produce for which the work involved in its preparation was completed. Similarly, if he found broken pieces of cakes of dried figs, it should be considered as if they came from produce for which the work involved in its preparation was completed.
כ״במָצָא כְּרִיכוֹת בִּרְשׁוּת הַיָּחִיד חַיָּב לְעַשֵּׂר. בִּרְשׁוּת הָרַבִּים פְּטוּרוֹת. וְהָאֲלֻמּוֹת בְּכָל מָקוֹם חַיָּבוֹת בְּמַעֲשֵׂר. מָצָא תְּבוּאָה מְרוּחָה עוֹשֶׂה תְּרוּמוֹת וּמַעַשְׂרוֹת עַל פֵּרוֹת אֲחֵרוֹת וְאֵינוֹ חוֹשֵׁשׁ. מָצָא כַּלְכָּלָה מְחֻפָּה חַיֶּבֶת בְּמַעַשְׂרוֹת. מָצָא כַּלְכָּלָה בְּמָקוֹם שֶׁהָרֹב מַכְנִיסִין לַשּׁוּק אָסוּר לֶאֱכל מִמֶּנָּה עַרְאַי וּמְתַקְּנָהּ דְּמַאי. וּבְמָקוֹם שֶׁהָרֹב מַכְנִיסִין לַבָּתִּים אוֹכֵל מִמֶּנָּה עַרְאַי וּמְתַקְּנָהּ וַדַּאי. מֶחֱצָה לְמֶחֱצָה דְּמַאי. וְאִם הִכְנִיסָהּ לַבַּיִת מְתַקְּנָהּ וַדַּאי. בַּמֶּה דְּבָרִים אֲמוּרִים בְּדָבָר שֶׁאֵין לוֹ גְּמַר מְלָאכָה. אֲבָל בְּדָבָר שֶׁיֵּשׁ לוֹ גְּמַר מְלָאכָה אַף עַל פִּי שֶׁהוּא מַעֲשֵׂר וַדַּאי אֵינוֹ צָרִיךְ לְהַפְרִישׁ תְּרוּמָה. שֶׁחֶזְקָתָן שֶׁהִפְרִישׁ מֵהֶן תְּרוּמָה בְּשָׁעָה שֶׁנִּגְמְרָה מְלַאכְתָּן:
22When a person finds sheaves of wheat in a private domain, he is obligated to tithe them.70Taking those sheaves is considered as theft and forbidden (see Hilchot Gezeilah ViAvedah 15:8-10), because the owners will not despair of their recovery. Hence, they are not considered as ownerless and must be tithed. See also Hilchot Terumot 4:11. [If he finds them] in the public domain, they are exempt.71Since the owner will have no way of retrieving them, he relinquishes his ownership. And since they were ownerless, there is no obligation to tithe them. Larger sheaves are required to be tithed wherever they are found.72Because of their size, they are not considered ownerless even in the public domain.If one finds [bundles of] grain that have been straightened,73Straightening the surface of the bundle causes the obligation to tithe to be established with regard to it, as stated in Halachah 13. Hence, even if the owner despairs of the recovery of the grain, since the obligation to tithe was established before the produce became ownerless, it is not rescinded. one may separate them as terumah74Based on the Jerusalem Talmud (Ma'aserot 3:3), we must assume the intent is terumat ma'aser, for once grain has been moved from its original grainheap, we assume that terumah was separated. and tithes for other produce.75Although it is forbidden to use produce to separate tithes and terumat ma'aser if these separations have already been made from it, we are not concerned that perhaps that has happened as the Rambam continues to explain. One need not be concerned [that the owners separated tithes for this produce already].76Even though tithes are required to be separated from it, we assume that the owner would not tithe produce until he brought it to his home.[If one finds a] basket [of fruit] that is covered, 77See Halachah 9. As stated there, covering the fruit establishes the obligation to tithe. he is required to tithe it.78Here also, once the obligation to tithe has been established, it is not rescinded if the fruit becomes ownerless. If he finds a basket [of fruit] in a place where most people take it to the marketplace, he is forbidden to snack from it79See Halachah 2. and he should make the appropriate separations as if it were demai.80We are uncertain whether or not the owner separated the tithes from it, but we are certain that he separated terumah, as explained in Chapter 9. [In a place where] most people bring it home, he may snack from it and he must certainly make the appropriate separations.81Since there is no obligation to separate terumah and the tithes until the produce is brought home, we assume that none of the separations were made. If half [bring home] and half [bring to the marketplace], it is considered as demai.82In this instance, however, he must also separate terumah lest it not have been separated beforehand. If he brings it home, he must certainly make the appropriate separations.When does the above apply? With regard to a type of produce that does not have a specific phase at which the tasks associated with its preparation are completed. If, however, the produce does have a phase when the tasks associated with its preparation are completed, even though he must certainly separate tithes, he does not have to separate terumah. For we can assume that terumah was separated when those tasks were completed.
כ״גחַדְרֵי הַנְּמָלִים שֶׁלָּנוּ בְּצַד הָעֲרֵמָה הַחַיֶּבֶת הֲרֵי הַנִּמְצָא בָּהֶן חַיָּב לְמַעַשְׂרוֹת שֶׁיָּדוּעַ שֶׁמִּדָּבָר גָּמוּר הָיוּ גּוֹרְרִין כָּל הַלַּיְלָה:
23When there are ant holes that existed overnight next to a pile of grain that is required to be tithed, the kernels found there are required to be tithed. For it is obvious that the ants have been taking from produce that was completely prepared throughout the night.
כ״דהַמּוֹצֵא זֵיתִים תַּחַת הַזַּיִת וְחָרוּבִין תַּחַת הֶחָרוּב חַיָּבִין בְּמַעֲשֵׂר שֶׁחֶזְקָתָן שֶׁמֵּאִילָן זֶה נָפְלוּ. מָצָא תְּאֵנִים תַּחַת הַתְּאֵנָה הֲרֵי הֵם סָפֵק שֶׁהֲרֵי מִשְׁתַּנּוֹת וּמִתְלַכְלְכוֹת בֶּעָפָר שֶׁמָּא מִתְּאֵנָה זוֹ נָפְלוּ אוֹ מִתְּאֵנִים שֶׁנִּתְעַשְּׂרוּ:
24When a person finds olives under an olive tree or carobs under a carob tree,83The Radbaz states that this applies not only to olives and carobs, but to any fruit that is recognizable as coming from the tree under which it is found. he is required to tithe them, for we assume that they fell from this tree.84Based on Bava Metzia 21b, it appears that we are speaking about olives and carobs that resemble the olives and carobs on the trees. Hence, we assume that they fell from the tree and have not yet been tithed. See also the Rambam's Commentary to the Mishnah (Ma'aserot 3:4). Since the fruit has fallen under the tree and can be recognized as coming from the tree, the owner does not consider them ownerless and taking them is considered as theft. If he found figs under a fig tree, there is a doubt whether they fell from this tree or from figs that are already tithed, because their appearance changes and they become soiled with the dust.85Thus unlike the olives and carobs mentioned above, it cannot be determined whether they fell from the tree under which they were found. Hence, the owner despairs of their recovery. It is not forbidden to take the fruit and there is no obligation to tithe it. It is, however, necessary to tithe it as one tithes demai (ibid.).
כ״ההַמַּקְדִּישׁ פֵּרוֹת תְּלוּשִׁין וּפְדָאָן קֹדֶם שֶׁתִּגָּמֵר מְלַאכְתָּן חַיָּב לְעַשֵּׂר. וְאִם נִגְמְרָה מְלַאכְתָּן בְּיַד הַהֶקְדֵּשׁ וְאַחַר כָּךְ פְּדָאָן פְּטוּרִין מִן הַמַּעַשְׂרוֹת שֶׁבִּשְׁעַת חוֹבָתָן הָיוּ פְּטוּרִין מִן הַמַּעַשְׂרוֹת. הַמַּקְדִּישׁ קָמָה לִמְנָחוֹת פְּטוּרָה מִן הַמַּעַשְׂרוֹת:
25When a person consecrates produce that has been detached86After it reached the stage that the tithes were required to be separated (see Chapter 2, Halachah 8). This is indicated by the expression "detached produce" (Radbaz). and redeems it before the tasks associated with its preparation are completed, one is obligated to tithe it.87For at the time the obligation to tithe took effect, the produce was privately owned and not in the possession of the Temple treasury. If [these tasks] were completed while [the crops ] were in the domain of the Temple treasury and then he redeemed them, they are exempt from tithes.88For there is no obligation to tithe produce owned by the Temple treasury. The Jerusalem Talmud (Ma'aserot 1:1) teaches that Deuteronomy 12:17 speaks of tithing "your grain." This can be understood as an exclusion, "your grain," i.e., that owned by a private person, and not that owned by the Temple treasury. When a person consecrated standing grain for meal offerings, it is exempt from the tithes.89The intent is that not only the grain that is used for the meal offerings is not obligated to be tithed, but also the remainder that is not used for that purpose, but is instead, redeemed and used for private purposes. Even so, the person who redeems it is not obligated to tithe it, as explained in the conclusion of ch. 2.