7. If one seah of Heave-offering fell into a hundred [seahs of common produce] and was lifted out and another seah fell in and was lifted out [and so on], the common produce is not forbidden until the Heave-offering exceeds the common produce.
8. If one seah of Heave-offering fell into a hundred [seahs of common produce] and before it was lifted out another seah fell in, such common produce is forbidden [to non-priests]. R. Simeon declares it permitted.
1 Such as the juice of olives or pomegranates which do not, like certain liquids (cf. Maksh. 6‘) render food susceptible to uncTeanness (Lev. nM).
2 The minimum quantity susceptible to food uncleanness (see Toh. 3*).
1 The School of Shammai admitted the truth of the opinion of the School of Hillel, ‘and nowhere else have we found that the School of Shammai admitted the truth of the opinion of the School of Hillel’ (Tif. Y;s.).
9. If one seah of Heave-offering fell into a hundred [seahs of common produce] and they were ground [together] and reduced in bulk, as the common produce becomes less so the Heave-offering becomes less, and [the whole] is [still] permitted. If one seah of Heave-offering fell into less than a hundred [seahs of common produce] and they were ground together and increased in bulk, as the common produce increases so the Heave¬ offering increases, and [the whole] is [still] forbidden. If it was known that the wheat that was common produce was of better quality than the wheat that was Heave-offering, it is permitted. If one seah of Heave-offering fell into less than a hundred [r«aAs of common produce] and [other] common produce afterward fell therein, if it was in error the whole is permitted, but if wantonly it is forbidden.
6. 1. If a man ate Heave-offering in error he must repay its value and the [Added] Fifth.1 It is all one whether he ate or drank or anointed himself, or whether the Heave-offering was clean or unclean: he must repay the [Added] Fifth and [even] the fifth of the [Added] Fifth.2 He may not repay in Heave-offering but in duly tithed common produce. This [too] becomes Heave-offering, and what may be repaid in its stead3 also becomes Heave¬ offering; [therefore] even if the priest would remit he may not.
2. If the daughter of an Israelite4 ate Heave-offering and was afterward married to a priest,5 if she had eaten Heave-offering not yet acquired by a priest she may pay its value and the [Added] Fifth to herself; but if she had eaten Heave-offering already acquired by a priest she should pay its value to the owner and the [Added] Fifth to herself; for they have taught: If a man ate Heave-offering in error he must repay the value to the owner but [he may pay] the [Added] Fifth to whomsoever he will.
3. If a man gave his labourers or guests Heave-offering to eat, he himself must repay the value while they pay the [Added] Fifth. So R. Meir. But the Sages say: They must pay both the value and the [Added] Fifth, while he repays to them the price of their meal.
4. If a man stole Heave-offering but did not eat it, he must make twofold restitution6 at the price of Heave-offering; but if he ate it he must repay twice the value and the [Added] Fifth — the value and the [Added] Fifth in common produce together with the value at the price of Heave-offering. If he stole dedicated Heave-offering7 and ate it, he must pay two [Added] Fifths8 together with the value [only], for twofold restitution does not apply in [the theft of] dedicated produce.
5. Restitution may not be made from Gleanings, the Forgotten Sheaf, Peak or ownerless produce, nor yet from First Tithe from which Heave- offering has not’ been taken or Second Tithe or dedicated produce which have not’ been redeemed; for what is dedicated cannot redeem aught else that is dedicated. So R. Meir. But the Sages permit it.10 6. R. Eliezer says: Restitution may be made from one kind instead of * If he ate the Added Fifth (to which attaches Heave-offering sanctity) he must repay it together with yet another Added Fifth. 3 If he ate this also.
* As very frequently in the Mishnah (see General Index, Israelites, II), Israelite is here used in the restricted sense of one who is not a priest or levite.
s When it is her right to eat of Heave-offering (Lev. 22"). 5 Ex. 22*.
7 Which a priest had dedicated to the Temple.
* One each for ‘acting amiss’ (Lev. 51*) with Heave-offering and with ‘dedicated produce’.
4 So Cambridge text; Mishnah editions omit.
10 With Tithes and dedicated produce.
FIRST DIVISION: ZERAIM 6o from another kind provided that it is from a better instead of from a worse kind. But R. Akiba says: Restitution may be made only from the like kind. Therefore if a man ate [Heave-offering] cucumbers grown in the year before the Seventh Year he must wait for the cucumbers of the year after the Seventh Year and repay from them.1 From the same Scripture2 whence R. Eliezcr derives the more lenient ruling R. Akiba derives the more stringent ruling; for it is written, And he shall give unto the priest the holy thing — [namely] whatsoever is fit to be holy. So R. Eliezer. But R. Akiba says: And he shall give unto the priest the holy thing — [namely] the [same kind of] hallowed thing that he had eaten.
7. i. If a man ate Heave-offering wantonly, he must repay its value, but he need not pay the [Added] Fifth. The produce with which he repays remains common produce; [therefore] if the priest would remit he may remit.
2. If a priest’s daughter was married to an Israelite3 and afterward ate Heave-offering, she must repay its value but she need not pay the [Added] Fifth; and [if she committed adultery] her death is by burning. If she was married to any of them that are not eligible [for marriage into the priestly stock]4 she must repay the value of Heave-offering and also the [Added] Fifth; and [if she committed adultery] her death is by strangling. So R. Meir. But the Sages say: In either case they repay the value but not the [Added] Fifth; and [if they committed adultery] their death is by burning.
3. If a man gave Heave-offering to eat to his children that are minors, or to his slaves whether minors or of age, or if he ate Heave-offering that came from another country, or if he ate less than an olive’s bulk of Heave¬ offering, he must repay the value but not the [Added] Fifth; and what is given in repayment remains common produce; [therefore] if the priest would remit he may remit.
4. This is the general rule: whensoever a man repays the value and the [Added] Fifth, what is given in repayment is Heave-offering, [therefore] if the priest would remit, he may not remit; and whensoever a man repays the value but not the [Added] Fifth, what is given in repayment remains common produce, therefore if the priest would remit, he may remit.
5. If there were twro baskets, one of Heave-offering and one of common produce, and a seah of Heave-offering fell into one of them but it is not known into which of them it fell, I may assume that it fell into the basket of Heave-offering, But if it is not known which is the basket of Heave¬ offering and which the basket of common produce, and a man ate from one of them, he is not culpable, and the other basket is deemed to be Heave¬ offering. According to R. Meir, Dough-offering5 must be given from it; but R. Jose exempts it. If another man ate from the other basket, he is not 1 Since the sixth year cucumbers would have hardened, and the Seventh Year cucumbers are forbidden in any case. 2 Lev. sta14.
J Thereby losing her right to eat of Heave-offering (Lev. 22"). She need not pay the Added Fifth since the may become a widow and return to her father’s bouse (Lev. 22u) and recover the right to eat of Heave-offering. The sanctity of the priestly stock still attaches to her (hence if she commits adultery she is to be burnt: Sanh. 9*; cf. n1). See Lev. 21*. She must repay the value, however, in that she ate what was not hers.
♦ See Kidd. 4'*. She falls out of the priestly stock, and, according to R. Meir, the previous conditions no longer apply; but according to the Sages she continues to be reckoned of priestly stock.
* Since its condition is in doubt it rests under the obligations that fall upon common produce. See Hall. 1*.
culpable; but if one man ate from both of them he must repay according to the value of the smaller of the two.
6. If one of these baskets fell into common produce it does not render it subject to the law of Heave-offering, and the other basket is deemed to be Heave-offering. According to R. Meir, Dough-offering must be given from it, but R. Jose exempts it. If the other basket fell elsewhere [into common produce] it does not render it subject to the law of Heave-offering; but if they both fell into the same place they render it subject to the law of Heave¬ offering if what is in the smaller of the two is of the prescribed proportion.
7. If a man used one as seed he is not culpable, and the other is deemed to be Heave-offering. According to R. Meir, Dough-offering must be given from it, but R. Jose exempts it. If another man used the other as seed he is not culpable. But if one man used both as seed and it is of a kind whose seed perishes [in the ground] it is permitted [to be eaten by non-priests], but if it is not of a kind whose seed perishes, it is forbidden.
8. 1. If a [priest’s] wife1 was eating Heave-offering and they came and said to her, ‘Thy husband is dead’, or ‘He has divorced thee’; and so, too, with a [priest’s] slave,2 if he was eating Heave-offering and they came and said to him, ‘Thy master is dead’, or ‘He has sold thee to an Israelite’, or ‘He has given thee away’, or ‘He has freed thee’; and so, too, with a priest, if he was eating Heave-offering and it became known that he was the son of a divorced woman or of a woman that had performed halitzah;3 — R. Eliezer declares them liable to the repayment of the value and the [Added] Fifth, but R. Joshua declares them exempt. If a priest was standing and sacrificing at the Altar and it became known that he was the son of a divorced woman or of a woman that had performed halitzah, R. Eliezer says: All the offerings that he offered on the Altar are invalid. But R. Joshua declares them valid. If it became known that he had a blemish4 his ministration is invalid.
2. Of them all, if there was Heave-offering in their mouths, R. Eliezer says: They may swallow it. But R. Joshua says: They should spit it out. If they said to him [that was eating Heave -offering], ‘Thou hast become unclean’, or ‘The Heave-offering has become unclean’, R. Eliezer says: He may swallow it. But R. Joshua says: He should spit it out. [But if they said to him], ‘Thou wast unclean’, or ‘The Heave-offering was un¬ clean’, or if it became known that it was untithed produce, or First Tithe from which Heave-offering had not been taken, or Second Tithe or dedi¬ cated produce that had not been redeemed, or if he tasted the flavour of a bed-bug in his mouth, then he should spit it out.
3. If a man was eating5 a cluster of grapes, and from the garden he entered into the courtyard, R. Eliezer says: He may finish [eating it]. But R. Joshua says: He may not finish. If it was growing dusk before the Sabbath6 R. Eliezer says: He may finish [eating the cluster of grapes]. But R. Joshua says: He may not finish.
1 Who was the daughter of an Israelite, i.e. a non-priest. Her right to eat of Heave¬ offering continues only so long as she is married to a priest (or is the mother of a priest’s 1 Making him ineligible to serve as a priest. For halitzah see App. I. 12. The law that a priest may not marry a divorced woman (Lev. 21’) was, by rabbinical interpretation, made to include also the woman who had performed halitzah. ♦ Lev. 22“. See Bekh. 7**.
5 A casual meal. The fruit is tithe-free until it is brought within the owner’s domain, when it is forbidden to eat of it until it has been duly tithed. See Maas. j*.
* When it is forbidden to tithe (Shab. a’).
62 FIRST DIVISION: ZERAIM 4. If Heave-offering wine has stood uncovered it must be poured away still less need this be said of what is not Heave-offering wine. Three liquids become forbidden through being uncovered: water, wine and milk; while all other liquids are permitted* [for use although they have remained uncovered]. How long must they have remained [uncovered] to become forbidden? Such time as it would take a serpent to come forth from a place near by and drink.
5. The quantity of water that may remain uncovered must be such that the poison [of a serpent] would be lost in it. R. Jose says: Water in vessels, whatsoever its quantity, [is forbidden if it has remained uncovered], and water on the ground [is forbidden] if it is forty seahs [or less].
6. Figs, grapes, cucumbers, gourds, water-melons or musk-melons that have been gnawed, even if there is as much as a talent3 [of fruit on the tree], whether [the fruit is] large or small, plucked or unplucked, are forbidden so long as there is juice in them. [A beast] that is bitten by a serpent is forbidden because of the danger to life.4 7. A wine-strainer is forbidden as a cover;5 but R. Nehemiah permits it.
8. If the uncleanness of a jar of Heave-offering is in doubt, R. Eliezer says: If it lay in an exposed place it should be put in a hidden place, and if it was uncovered it should be covered. But R. Joshua says: If it was lying in a hidden place it should be put in an exposed place, and if it was covered it should be uncovered.6 Rabban Gamaliel says: Naught new should be done to it.
9. If a jar [of dean Heave-offering] in the upper part of the winepress was broken, and the lower part was unclean, R. Eliezer and R. Joshua agree that if a man could save a quarter-/o£ of the Heave-offering wine in clean¬ ness he should save it; but if not, R. Eliezer says: Let it all flow away and become unclean and let him not render it unclean with his hands.7 10. So, too, if a jar of oil was upset, R. Eliezer and R. Joshua agree that if a man could save a quarter-/o£ of it in cleanness, he should save it; but if not, R. Eliezer says: Let it flow away and be absorbed [into the ground] and let him not render it unclean8 with his hands.
n. Of both these cases6 R. Joshua said: Such Heave-offering is not such whereof I must take heed lest I render it unclean, but lest I eat of it; but what Heave-offering is it which one may not render unclean? If a man was passing from one place to another with Heave-offering loaves in his hand and a gentile said to him, ‘Give me one of them and 1 will defile it, and if not I will defile them all’, R. Eliezer says: Let him defile them all but do not give him one in order that he may defile it. R. Joshua says: He should leave one of them on a stone before him.
12. So, too, if gentiles said to many women, ‘Give us one from among you that we may defile her, and if not we will defile you all’, let them defile them all, but let them not betray to them one soul from Israel.10 1 A serpent may have drunk of it. 2 Since a serpent does not drink them.
3 App. II, B. Even though the fruit is so abundant that a serpent could not be supposed to have gnawed all of it (Tif. Yis.). 4 Hull.
5 It cannot protect from the snake’s poison. 8 To make its doubt a certainty.
7 See p. 778, n. 8. 8 Some texts read: ‘Let him not gather it up’.
9 Namely Heave-offering whose uncleanness is in doubt, and Heave-offering which is in danger of being lost.
10 ‘No person may be sacrificed to save others; if, however, one of them in particular had been specified she may be delivered up. But if they had demanded one in particular of a number of men to kill him, the others may not deliver him up unless he had been legally 9. i. If a man sowed Heave-offering in error it is permitted to plough it up, but if wantonly it must be left to grow. If it had reached a third of its growth, whether sown in error or wantonly, it must be left to grow. Flax, even if sown wantonly, must be ploughed up.
2. [What grows therefrom] is subject to the laws of Gleanings, the Forgotten Sheaf and Peah\ poor Israelites and poor priests may glean there¬ from, and poor Israelites must sell their portions to priests at the price of Heave-offering; but its price shall belong to them. R. Tarfon said: Only poor priests may glean, lest [others] forget and put it into their mouths. R. Akiba replied: If so, then none may glean save [priests that are] clean.
3. It is subject to Tithes and Poorman’s Tithe; poor Israelites and poor priests may take thereof and poor Israelites must sell their portions to priests at the price of Heave-offering, but its price shall belong to them. He that threshes it with the flail is praiseworthy. How should they act when it is trodden out [by cattle]?' A nosebag is hung about the cattle’s necks and a like kind of produce is put therein; thus one neither muzzles the cattle nor gives them Heave-offering to eat.
4. What grows from Heave-offering is Heave-offering, and what grows in the next stage is common produce; but what grows from untithed pro¬ duce, First Tithe, aftergrowths of Seventh Year produce, Heave-offering of produce grown outside the Land [of Israel], common produce mixed with Heave-offering, and First-fruits, is common produce. What grows from dedicated produce and Second Tithe is common produce, but it must be redeemed [at its worth] at the time when it was sown.
5. If a hundred beds of soil were sown with Heave-offering and one with common seed [and it is not known which], they are all permitted if the produce is of a kind whose seed perishes [in the ground]; but produce whose seed does not perish, even though there were a hundred beds of common produce and one of Heave-offering, they are all forbidden.
6. What grows from untithed produce is permitted if the produce is of a kind whose seed perishes, but produce whose seed does not perish, even what grows from it in the next stage is forbidden. What produce is there whose seed does not perish? The like of arum, garlic and onions. R. Judah says: Onions are to be reckoned [in this respect] like barley.
7. If a man was weeding plants of the like of onions in a gentile’s field he may make a chance meal of them although the produce is untithed. If Heave-offering seedlings that had become unclean were transplanted, they become clean, in that they do not convey uncleanness; but none may eat of them until the edible part has been cut away. R. Judah says: Until what grows again is itself again cut away.
10. 1. If an onion [that was Heave-offering] was put into [cooked] lentils [that were common produce] and the onion was entire, the lentils are per¬ mitted [to non-priests], but if the onion was cut up [the matter is deter¬ mined] by the principle of ‘that which gives a flavour’.2 And with other cooked dishes, whether [the onion was] entire or cut up, [the matter is determined] by the principle of ‘that which gives a flavour’. R. Judah permits pickled-fish [in which a Heave-offering onion has been cooked] since it is used only to take away the stench.
condemned to death, though some are of the opinion that if any one was particularly specified it is permitted to deliver him up to save the rest’ (Tif. Yis.). 1 Deut. 25*.
1 If the lentils have been flavoured by the onion, they are forbidden.
FIRST DIVISION: ZERAIM 64 2. If an apple [that was Heave-offering] was chopped up and put into dough so that this was leavened, the dough is forbidden. If barley [that was Heave-offering] fell into a cistern of water, the water is permitted even though the barley tainted it.
3. If a man took off hot bread1 from the side of the oven and put it over the mouth of a jar of Heave-offering wine, R. Meir permits [the bread as food for non-priests], but R. Judah forbids it. R. Jose permits it if it is wheaten bread but forbids it if it is barley bread, since barley absorbs [the wine fumes].
4. If an oven was heated with cummin that was Heave-offering, and bread was baked therein, the bread is permitted since it is only the smell and not the flavour of cummin [that is conveyed to it].
5. If fenugreek fell into the w'ine vat, and it was Heave-offering or Second Tithe, [it is forbidden] only if the seed without the stalk was enough to give a flavour; but if it was Seventh Year produce or Diverse Kinds from the vineyard2 or dedicated produce [it is forbidden] even when seed and stalk together [are needed to] give a flavour.
6. If a man had bunches of fenugreek that were Diverse Kinds from the vineyard, they must be burnt. If he had bunches of fenugreek from which Heave -offering had not been given, he must beat out the seed and reckon how much seed there is in them and set apart [Heave-offering] from the seed; but he need not do so from the stalks. But if he set apart [Heave¬ offering from the stalks also] he may not say, ‘I will beat out the seeds and keep the stalks and give the seed’, but he must give the stalks together with the seed.
7. If olives that were common produce were pickled together with Heave-offering olives, whether crushed [olives] that were not Heave¬ offering [were pickled] with crushed Heave-offering olives, or with uncrushed Heave-offering olives, or [if they were pickled] in juice that was Heave-offering, they are forbidden; but if uncrushed [olives] that were not Heave-offering [were pickled] with crushed Heave-offering olives, they are permitted.
8. If unclean fish was pickled together with clean fish the brine thereof is forbidden if in a jar holding two seahs the unclean fish weighs ten zuz1 Judean measure (which is five selas Galilean measure).4 R. Judah says: (It is forbidden if there is] a quarter-log5 in two seahs. And R. Jose says: Only if [the unclean is] one-sixteenth part.
9. If unclean locusts were pickled together with clean locusts they do not render the brine forbidden. R. Zadok testified6 that the brine made from unclean locusts is clean.
10. Whatsoever vegetables are pickled together,7 they are permitted, excepting only leeks. If leeks that were not Heave-offering were pickled with Heave-offering leeks, or other vegetables that were not Heave-offering with Heave-offering leeks, this is forbidden; but if Heave-offering leeks were pickled with other Heave-offering vegetables, this is permitted.
11. R. Jose says: Whatsoever is stewed7 with beet is forbidden since this imparts a flavour. R. Simeon says: If a cabbage from irrigated soil [was 8 litres — 100 sue; thus two seahs equals 9,600 zua; therefore 10 zuz is one part in 960 of two seahs). * Cf. Ket. 5*. $ One part in 192 of the contents. See App. II, D.
4 Eduy. 7*, 7 Heave-offering with common produce.
stewed] with one from rain-watered soil, it is forbidden, since one absorbs [the moisture from theother]. R.Akiba1 says: Whatsoever the things are that are cooked together, they are permitted, excepting flesh [cooked with flesh]. R. Johanan b. Nuri says: Liver [which is forbidden] renders [other kinds of flesh] forbidden, but is not itself rendered forbidden [by another kind of flesh that is forbidden], since it exudes [its own juices] and does not absorb [the juices of other flesh].
12. If an egg is cooked with forbidden2 spices even its yolk is forbidden, since it absorbs [other flavours]. Liquid in which Heave-offering has been stewed or pickled is forbidden to non-priests.
11. 1. Fig-cake or dried figs [that are Heave-offering] may not be put into fish-brine3 since this spoils them; but f Heave-offering] wine may be put into fish-brine. [Heave-offering] oil may not be made into perfumed oil, but [Heave-offering] wine may he made into honied- wine. [Heave-offering] wine may not be boiled since this lessens its quantity; but R. Judah permits it since it improves it.
2. [If a non-priest drank in error] date-honey, cider, vinegar from winter-grapes, or any other juices [excepting wine and oil] from Heave¬ offering fruits, R. Eliezer declares him liable to the payment of the value and the [Added] Fifth, but R. Joshua declares him exempt [from the Added Fifth], R. Eliezer declares [these liquids] susceptible to uncleanness under the law concerning liquids;4 but R. Joshua said: The Sages have not made count of seven liquids in the manner of them that count up spices,5 but they have said: Seven liquids6 are susceptible7 to uncleanness: all other liquids are not susceptible.
3. Dates may not be made into honey nor apples into cider nor winter- grapes into vinegar, nor may other fruits be changed from their natural state if they are Heave-offering or Second Tithe, excepting only olives and grapes. The penalty of the Forty Stripes8 incurred through transgression of the law of Orlah- fruit5 applies only by reason of the product of olives and grapes; no liquids are brought as First-fruits10 excepting the product of olives and grapes; no fruit juice is susceptible to uncleanness under the law concerning liquids4 excepting the product of olives and grapes; and no fruit juice is offered on the Altar excepting the product of olives and grapes.
4. The stalks of fresh figs, dried figs, acorns11 or carobs that are Heave¬ offering are forbidden to non-priests.
5. Kernels of Heave-offering fruits are forbidden while the priest has them in keeping, but if he has thrown them away they are permitted. So, too, the bones of animal -offerings are forbidden while the priest has them in keeping, but if he has thrown them away they are permitted. Coarse bran [that comes from Heave-offering] is permitted, but fine bran is Some texts read: R. Judah.
: Such as Or/n/j-fruit, Heave-offering and the like.
Salt water in which chopped fish or locusts have been pickled. According to A. Zar. 2* wine was sometimes added.
' Can contract and convey uncleanness, and, in contact with dry foodstuffs, render them susceptible to uncleanness. See p. 758. n. 1.
* Which is the punishment incurred for transgressing a negative command. Cf. Kil. 8*.
11 The meaning of the word is uncertain. Maim, explains it as a kind of fig; Rashi as a kind of pea or bean; others suppose it to be the fruit of the Judas-tree.
FIRST DIVISION: ZERAIM 66 forbidden if it comes from fresh wheat;3 if it comes from old wheat it is permitted, and the Heave-offering may then be treated as common produce is treated.2 When a man prepares fine flour, one or two kabs to the seah, he should not destroy the residue but put it in some hidden place.3 6. If a man emptied out Heave-offering wheat from a store-chamber he is not bound to sit down and gather it all grain by grain, but he may sweep it out in his usual fashion, and put common produce therein.
7. So, too, if a jar of Heave -offering oil was upset, he is not bound to sit down and scoop it up with his fingers, but he may deal with it as he would with common oil.
8. If a man poured out [Heave-offering liquid] from one jar into another and [at the end] allowed three drops to drip, he may then put common liquid into the emptied jar; but if he turned the jar on its side to drain it, whatsoever more comes out is Heave-offering. What quantity of Heave¬ offering of Tithe from demai- produce4 need there be for it to be taken to a priest? An eighth part of the eighth [of a log].
9. Heave-offering vetches may be given [by a priest] as fodder to cattle, wild animals or fowls. If an Israelite hired a cow from a priest he may give it Heave-offering vetches to eat; but if a priest hired a cow from an Israelite, although he is responsible for its food he may not feed it with Heave-offering vetches. If an Israelite undertook to tend the cow of a priest and share in its increased value,5 he may not feed it with Heave-offering vetches, but if a priest undertook to tend the cow of an Israelite in like manner, he may feed it with Heave-offering vetches.
10. Heave-offering oil that [has become unclean and] must be burnt, may be kindled in synagogues, in houses of study, in dark alley-ways and over sick people, in that it is a place where a priest may enter in. If an Israelite’s daughter married to a priest is accustomed to resort to her father, her father may kindle [such oil in his house] in that it is a place where she may enter in. It may be kindled in a house where is a wedding feast,6 but not in a house of mourning. So R. Judah. But R. Jose says: It may be kindled in a house of mourning7 but not in a house where is a wedding feast. R. Meir forbids it in either place.8 R. Simeon permits it in either place.
1. 1. A general rule have they laid down about Tithes: whatsoever is used for food and is kept watch over and grows from the soil10 is liable to Tithes.
1 Since being moist much of the grain adheres after being ground, while it is not so with old, dried wheat. 1 The non-edible parts may be thrown away without scruple.
3 Since it is still to some extent edible.
* See App. I. 6 and p. 20, n. 9. Such Heave-offering is accounted unclean from the 6 Since a priest may enter there; whereas he may not enter a place of mourning for fear of contracting corpse uncleanness.
' Since they sit there quietly and do not move the lamps from place to place, and there is no fear that they will spill the oil on their clothes, as they may do at a wedding feast.
* Applying the arguments of both R. Judah and R. Jose and adopting the more stringent ruling. R. Simeon adopts the more lenient ruling, and the Halakah is according to him.
9 The term here includes Heave-offering also. There were three ‘Tithes’ (excluding Heave-offering): (a) First or Levitic Tithe (Num. 1 8**) which must be given to a levite, who, in his turn, must give a tenth of it (‘Heave-offering of Tithe’) to a priest (Lev. 18”); (f>) Second Tithe which the owner himself must consume in Jerusalem (Deut. 14**®); the actual Second Tithe produce need not itself be conveyed to Jerusalem but could be ‘redeemed’, i.e. con¬ verted into money (plus a fifth of its value) and reconverted into food in Jerusalem (Deut. 223*); and ( c ) Poorman’s Tithe (Deut. 14**“; 26'’) which takes the place of Second Tithe in the third and sixth years of the seven-year cycle. 10 Cf. Peah I*.
Yet another general rule have they laid down: whatsoever is used for food either in its earlier or in its later condition [of ripeness], though it is suffered to remain ungathered to provide the more food, is liable [to Tithes] whether [gathered] in its earlier or its later condition [of ripeness]; but whatsoever is not used for food in its earlier condition but only in its later condition, is not liable to Tithes until it is become fit for food.
2. When do fruits become liable to Tithes? Figs — after their earliest ripening;1 grapes and wild grapes — after their stones become visible; sumach and mulberries — after they become red (and all red fruits [are liable] after they become red); pomegranates — after they soften; dates — after they begin to swell; peaches — after they begin to show red veins; walnuts — after their cells take shape. R. Judah says: Walnuts and almonds — after their kernel-skins take shape.