* They are turned back to back with some sheaves between them. 7 Deut. 24**.
5. Two sheaves together may be deemed Forgotten Sheaves; three together may not be deemed Forgotten Sheaves. Two heaps of olives or carobs may be deemed ‘Forgotten Sheaves’; three may not. Two stalks of flax may be deemed ‘Forgotten Sheaves’; three may not. Two grapes may count as grape-gleanings; three may not. Two ears of com may count as Gleanings;1 three may not. These [rulings] are according to the School of Hillel. Of them all the School of Shammai say: Where there are three they belong to the poor; where there are four they belong to the householder.
6. If a sheaf containing two seahs was forgotten it may not be deemed a Forgotten Sheaf. If there were two sheaves containing two seahs between them [and they were forgotten], Rabban Gamaliel says: They belong to the householder. But the Sages say: To the poor. Rabban Gamaliel said: Is the householder’s claim strengthened or weakened according to the greater number of the sheaves? They replied: It is strengthened. He said to them: If, therefore, one sheaf containing two seahs, when it is forgotten, may not be deemed a Forgotten Sheaf, is not the inference that two sheaves, also containing two seahs, shall not be deemed a Forgotten sheaf! They replied: Nol as thou arguest of one sheaf, which is as large as a stack, wouldst thou argue also of two sheaves, which are as small as bundles!* 7. If standing com containing two seahs was forgotten it may not be deemed a Forgotten Sheaf. If it did not contain two seahs but was fit to produce two seahs, even if it was but a crop of vetchlings, it must be regarded as though it was a yield of barley.
8. Standing corn [that has not been forgotten] saves a sheaf and [other] standing com [from being deemed forgotten]. A sheaf saves neither [another] sheaf nor standing corn. What standing com saves the sheaf? Aught soever that has not been forgotten, even though it was but a single stalk.
9. A seah of plucked com and a seah of unplucked corn (and the same applies to fruit-trees, garlic and onions) may not be included together to make up two seahs, but must be left for the poor. R. Jose says: If aught that rightly falls to the poor separates them they may not be included together; otherwise they may be included together.
10. Com that is used for green-fodder or for binding up sheaves (and the same applies to binding-stalks of garlic and bunches of garlic and onions) may not be deemed a Forgotten Sheaf. And whatsoever is stored away in the ground, like arum, garlic and onions, R. Judah says: They may not be deemed a Forgotten Sheaf. But the Sages say: They may be deeme,d a Forgotten Sheaf.
11. If a man reaped by night and tied up sheaves, or if the reaper was blind, the law of the Forgotten Sheaf [still] applies. If he purposed to take away the larger sheaves only, the law of the Forgotten Sheaf does not apply. If he said, ‘I am reaping on the condition that what I forget I will take away [afterward]’, the law of the Forgotten Sheaf [still] applies.
7. 1. If an olive tree in a field has its special fame, such as an olive tree yielding much oil3 in its season, and it is forgotten, the law of the Forgotten Sheaf does not apply to it. This applies only to [a tree having] its [special] 1 For other examples of similar argumentation, cf. Pes.6*; Ned. 10*; Shebu. 3*; Zeb. 7*; Men. 12s; Hull. 4*; Ker. j''". » Or, ‘as a Netophah olive tree’. For Netophah see Ezr. 2”.
l8 FIRST DIVISION: ZERAIM name, or its [special] works, or its [special] place; its name — that it was a ‘Shifkoni’ or ‘Beshani’ tree;1 its works — that it yielded much; and its place— that it stood beside the winepress or the gap in the wall. But as for other olive trees, if two of them were forgotten the law of the Forgotten Sheaf applies; but if three, it does not apply. R. Jose says: The law of the Forgotten Sheaf does not apply to olive trees.
2. If an olive tree stood among three rows [of other olive trees] bordering two plots [of sown ground], and was forgotten, the law of the Forgotten Sheaf does not apply. If an olive tree which bears two seahs was forgotten, the law of the Forgotten Sheaf does not apply. This is so only if they had not begun to pick the tree; but if they had already begun (even if [it is known] as an olive tree yielding much oil2 in its season), and had then for¬ gotten it, the law of the Forgotten Sheaf applies. So long as aught remains [ungathered on the ground] below [the tree], what is left above still belongs to the householder. R. Meir says: Only after the beater [that knocks off hidden olives] has gone by [does the law of the Forgotten Sheaf apply to what is left].
3. What counts as ‘grape-gleanings’?3 [Single grapes] that fall to the ground during the vintage. If during the vintage the gatherer cut off a cluster which became entangled in the leaves and fell from his hand to the ground, and berries fell off, they still belong to the householder. If a man put a basket beneath the vine while he was gathering the grapes, such a one is a robber of the poor. Of him it is written, Remove not the landmark of them that come up * 4. What counts as ‘a defective grape-cluster’?5 Any cluster that lacks both shoulder and pendant. If it has still either shoulder or pendant it belongs to the householder; if it is in doubt, it belongs to the poor. If a defective cluster on the crutch of a branch was cut off together with a cluster [that was not defective], it belongs to the householder; otherwise it belongs to the poor. If a grape grew singly, R. Judah says: It counts as a cluster. But the Sages say: As a defective cluster.
5. If a man thinned out his vines, he may thin out what belongs to the poor like as he thins out what belongs to himself.6 So R. Judah. R. Meir says: He has rights over what is his but not over what belongs to the poor.
6. The School of Shammai say: The rules of the [Added] Fifth7 and of Removal8 do not apply to [the grapes of] a Fourth Year Vineyard.9 And the School of Hillel say: They do apply. The School of Shammai say: The laws of grape-gleanings and of the defective cluster apply, and the poor redeem the grapes for themselves.10 And the School of Hillel say: The whole yield goes to the winepress.11 7. If a vineyard has in it naught save defective clusters, R. Eliezer says: They belong to the householder. R. Akiba says: To the poor. R. Eliezer i.e. from Bcisan (Beth Shean). These two names maybe taken as adjectives, meaning ‘profusely yielding’ and ‘ill-yielding’. The latter is also interpreted ‘putting (other trees) to shame (by its heavy yield)’. * Seep. 17, n. 3. 7 Hebptret. Lev. 191*. •» Seep. 16, n. t.
5 Heb. oleUth; used (in the plural) in Is. 17*; 24” in the general sense of grape-gleanings.
4 i.e. he may thin out the single grapes and the defective clusters. 7 See B.M. 4*.
* See M. Sh. 5*. ‘Removal’ and the Added Fifth (when the fruit is substituted by its money value) apply to Second Tithe.
* After the first three years of ‘the fruit of its uncircumcision' (Lev. 19,,~‘) the fruit of any tree (not of vines only) that grows in the fourth year (or the money with which it has been redeemed) must be taken up to Jerusalem and there consumed in conditions similar to those prescribed for Second Tithe (p. 73, n. 6). See M. Sh. s*8.
10 And take them to Jerusalem. " Of the householder.
said: [It is written], When thou gatherest the grapes of thy vineyard thou shalt not take the defective clusters.1 Since there can be no grape-gathering how can there be defective clusters [for the gleaners]? R. Akiba replied: [It is written], And from thy vineyard thou shalt not take the defective clusters;2 — even though all the grapes are defective clusters. Why, then, is it written, When thou gatherest the grapes of thy vineyard thou shalt not take the defective clusters? [To teach that] the poor have no claim to the defective clusters before the vintage.
8. If a man dedicated his vineyard before it can be known which are the defective clusters, the poor have no claim to them; but if he dedicated it after it was known which were the defective clusters, they belong to the poor. R. Jose says: They must reward the Temple for their increase. To what does the law of the Forgotten Sheaf apply in a trellised vine? To whatsoever is beyond a man’s reach. And in a ground-trained vine? [To whatsoever is left] after the grape-gatherer has passed by it.
8. 1. From what time are all men permitted to glean from the field? After the last of the poor have gone. And to take grape-gleanings and defective clusters? After the poor have gone into the vineyard and returned. And to glean from the olive trees? After the second rainfall.3 R. Judah said: But are there not some that do not pick their olives until after the second rainfall?— but, rather, [others may not glean from the olive trees] until such time that when a poor man goes forth he cannot bring back more than four issars ’4 worth.
2. [The poor] may be believeds about Gleanings, the Forgotten Sheaf, and Peak in their season, and Poorman’s Tithe in the year thereof.6 The levite may be believed7 at all times. But they may be believed only about produce that men are accustomed to give them.
3. [The poor] may be believed about [unground] wheat, but not meal or bread. They may be believed about rice in the husk, but not [husked rice] whether uncooked or cooked. They may be believed about beans, but not crushed beans, whether uncooked or cooked. They may be believed about oil if they say, ‘It is Poorman’s Tithe’, but not if they say, ‘It is from olive gleanings’.
4. They may be believed about vegetables that are raw but not if they are cooked, unless the quantity is small; for such is the custom of a house¬ holder to take out of his stewpot [and give to the poor].
5. They may not give to the poor from the threshing-floor [as Poorman’s Tithe] less than a half-fofo of wheat or a kab of barley (R. Meir says: A YaXi-kab of barley) or a kab and a half of spelt or a kab of dried figs or a rnina of fig-cake (R. Akiba says: Half a mind), a half-fog1 of wine (R. Akiba says: A quarter), or a quarter-fog of oil (R. Akiba says: An eighth). Of any other produce, Abba Saul says: [They should be given] so much that, if they sell it, they can buy therewith food for two meals.
6. This measure is prescribed for priests, for levites, and for Israelites alike. If a man would keep aught back [for his own poor kinsfolk] he should take away half and give half [to the poor that come to him]. If he has but 1 Deut. 24“. 2 Lev. 191*. s SeeShebi.97. It was about November. * See App. II, A.
* When he so describes what he sells to an ‘Associate’ (see p. 20, n. 9). As such they are tithe-free and the ‘Associate’ need not assume that they are Demai, not certainly tithed.
6 Namely the 3rd and 6tb years of the sabbatic cycle.
7 If he says that produce, which he is selling, is First Tithe from which Heave-offering of Tithe has been duly separated.
20 FIRST DIVISION: ZERAIM little [and cannot give each of the poor the prescribed measure], he should set it before them while they divide it among themselves.
7. A poor man that is journeying from place to place should be given not less than one loaf worth a pondion [from wheat costing] one sela for four seahs.1 If he spends the night [in such a place] he should be given what is needful to support him for the night. If he stays over the Sabbath he should be given food enough for three meals. If a man has food enough for two meals he may not take aught from the [Paupers’] Dish,2 and if enough for fourteen meals he may not take aught from the [Poor]-Fund. The [Poor-]Fund is collected by two and distributed by three.
8. If a man had two hundred zuz he may not take Gleanings, the For¬ gotten Sheaf, Peak or Poorman’s Tithe; if he had two hundred less one denar,1 and even a thousand [householders] together gave him each [one denar], he may take [Gleanings, the Forgotten Sheaf, Peak or Poorman’s Tithe]. If his goods were pledged to his creditor or were security for his wife’s Ketubah, he may take [Gleanings, the Forgotten Sheaf, Peak, or Poorman’s Tithe]. They may not compel a man to sell his house or his articles of service.
9. If a man had fifty zuz and he traded with them, he may not take [Gleanings, the Forgotten Sheaf, Peak or Poorman’s Tithe]. He that does not need to take them yet takes them shall not depart from this world before he falls in need of his fellow men; but he that needs to take them yet does not take them shall not die in old age before he has come to support others out of his own goods. Of such a one it is written, Blessed is the man that trusteth in the Lord, and whose hope the Lord is.4 And if a man is not lame or dumb or blind or halting, yet makes himself like to one of them, he shall not die in old age before he becomes like to one of them, as it is written, But he that searcheth after mischief it shall come unto him.s And again it is written, That which is altogether just shalt thou follow.6 So, too, is it with a judge that judges a judgement of truth according to its truth. And7 any judge that takes a bribe and perverts judgement shall not die in old age before his eyes wax dim, as it is written, And thou shalt take no gift, for a gift bUndeth them that have sight.9 DEMAP (‘PRODUCE NOT CERTAINLY TITHED’) 1. 1. The rules about demai- produce do not apply rigidly to wild figs, jujube fruit, hawthorn berries, white figs, sycamore figs, fruit fallen off the 4 Deut. 16“. i Some texts omit the rest of the paragraph. * Ex. 23*.
4 The uninstructed 'People of the land’, the Arnme-haaretz, are under suspicion of not giving Tithes from their produce. They are not, however, suspected of not giving Heave¬ offering, because this has a higher degree of sanctity and is only a light exaction — it may be fulfilled by giving the priest a single grain of wheat. Their produce is styled Demai, doubtful, i.e. it is in doubt whether it has been tithed. Therefore a scrupulous observer of the Law, an Associate’ (see below, 2i), who buys produce from an Am-haaretz, must still separate from it (a) the portion that is due to the priest out of the First Tithe, namely ‘the Heave¬ offering of Tithe', which is one-hundredth part of the dermn-produce; and (b) Second Tithe in the years when that applies (the 1st, 2nd, 4th, and 5th years of the sabbatic cycle). The former must be set aside and given to a priest, because the penalty of death (at the hands of Heaven) is incurred by the non- priest who eats of it; and Second Tithe may not be eaten in uncleanness and outside of Jerusalem. He need not, however, do more than ‘designate’ a portion as First Tithe or (in its prescribed years, the 3rd and 6th) Poorman’s Tithe, since the onus rests in such cases on the levite or poor man to prove that the produce has not already paid First Tithe and Poorman’a Tithe. These rules about demur-produce were laid down (Sot. 48a) by Johanan the High Priest (Sot. 9'*; M. Sh. 5**). Characteristically the Mishnah does not state them but takes them for granted.
21 date palm, late ripening grapes and thomy-capers; or, in Judea, to sumach, Judean1 vinegar, and coriander. R. Judah says: All wild figs are exempt excepting those bearing twice a year.;* all jujube fruits are exempt excepting those of Shikmonah; all sycamore figs are exempt excepting those that [ripen on the tree until they] break open.
2. The rules of the [Added] Fifth3 and of Removal4 do not apply to [Second Tithe from] demai- produce; it may be eaten by a mourner;5 it may be brought into Jerusalem and taken out;6 if small in quantity it may be lost by the way;7 * it may be given to an Am-haaretzs and the like quantity [of other produce] eaten [in Jerusalem];9 [its redemption price]10 * maybe converted to common use, silver [coins] being exchanged for [other] silver [coins], or copper for copper, or silver for copper; and copper [coin that is Second Tithe redemption money may be exchanged] for produce,” provided that one again redeems12 the produce [by money]. So R. Meir. But the Sages say: The produce [itself] is brought up and consumed in Jerusalem.
3. If a man bought it for sowing or for [feeding] cattle, or if it was meal for [preparing] hides, or oil for the lamp, or oil for greasing utensils, it is exempt from the rules of demai- produce. [Produce from] the country beyond Chezib13 is exempt from the rules of tfemu-produce. The Dough- offering14 of an Am-haaretz, produce mixed with Heave-offering,15 produce bought with Second Tithe money, and the residues of the Meal-offerings are exempt from the rules of demai- produce.16 Sweet oil, the School of Shammai declare liable, but the School of Hillel declare it exempt.
4. Demai- produce may be used for an Erub or for Shittuf;17 the Benedic¬ tion over food and the Common Grace18 may be said over it; [Tithes] may be set apart from it [even] if the man be naked,19 or at twilight [on the eve of Sabbath].20 If the Second Tithe is taken from it before the First Tithe it matters naught.21 The oil with which the weaver greases his fingers is subject to the rules of <2e»«w-produce, but the oil which the woolcomber puts on the wool is exempt.
2. 1. Tithe must everywhere22 be given from these things as being demai- produce: fig-cake, dates, carobs, rice, and cummin; but whosoever uses rice from outside the Land [of Israel] is exempt.
2. He that undertakes to be trustworthy23 must give tithe from what he eats and from what he sells and from what he buys [to sell again]; and he may not be the guest of an Am-haaretz. R. Judah says: Even he that is the guest of an Am-haaretz may still be reckoned trustworthy. They 1 Some texts omit. 2 Or, 'those of Dufrm’. See also Shebi. 9*.
2 When it is redeemed (Lev. 27*1). Cf. B.M. 4*.
6 Contrary to the regular use (M. Sh. 3*). 7 If it is burdensome.
* Even though he will eat it in uncleanness. * In cleanness.
10 To which the sanctity of the Second Tithe is transferred.
*« All of which are contrary to the regular use. M. Sh. 2*~*.
12 Valiant: And he may again redeem.
11 The biblical Achzib, Judg. i“. It was the northernmost town within the borders of 12 If the Heave-offering is a hundredth part, or more, of the mixture it must, usually, be sold to a priest because of the Heave-offering in it.
14 The Am-kaareU can be presumed to have duly tithed them all owing to the exceptional sanctity attaching to them. 17 See App. I. 8 and 39. See Erub. 3*' *. 14 Ber. 7*.
22 Even beyond Chezib. 13 i.e. scrupulous in giving Tithes.
22 FIRST DIVISION: ZERAIM replied: He would not be trustworthy in what concerns himself; how then could he be trustworthy in what concerns others?1 3. He that undertakes to be an Associate2 may not sell to an Am-haaretz [foodstuff that is] wet3 or dry, or buy from him [foodstuff that is] wet; and he may not be the guest of an Am-haaretz nor may he receive him as a guest in his own raiment.4 R. Judah says: Nor may he rear small cattle5 or be profuse in vows or levity or contract uncleanness because of the dead, but he should minister in the House of Study. They said to him: These things come not within the scope of the subject [of the Associate].
4. If [they that undertake to be Associates are] bakers, the Sages lay upon them only the duty of setting apart [from demax-produce] enough for Heave-offering of Tithe and Dough-offering. If [they are] shop¬ keepers, they may not sell dcmax-produce. All that deal in large quantities may sell demai- produce. Who are they that deal in large quantities? The like of wholesale merchants and dealers in grain.
5. R. Meir says: If what is usually measured out in large quantities is measured out in small quantities, the small quantity falls under the rule governing large quantities; if what is usually measured out in small quanti¬ ties is measured out in large quantities, the large quantity falls under the rule governing small quantities. What is accounted a large quantity? Three kabs dry measure or a denar's worth of liquid. R. Jose says: If baskets of figs or baskets of grapes or hampers of vegetables are sold by estimation, they are exempt [from the rules of demax-produce}.
3. x. Demai-produce may be given to the poor and to billeted troops6 to eat. Rabban Gamaliel used to give demax-produce to his labourers to eat. The School of Shammai say; Almoners should give what has been tithed to them that do not give tithe and what is untithed to them that do give tithe; thus all will eat of what is duly tithed. But the Sages say: Almoners may collect food and distribute it regardless [of the rules of demax-produce], and let him that is minded to tithe it [according to the rules of demox- produce] tithe it.
2. If a man would lop off the leaves of vegetables to lighten his load, he should not throw them away until he has given tithe of them.7 If he bought vegetables in the market and then8 determined to give them back, he may not give them back until he has given tithe, since naught was lacking9 save the numbering. If he was about to buy them but saw a better load, he may retract [and need not give tithe], since he had not drawn [them into his possession].
3. If he found produce by the way and took it in order to eat it and then determined to put it aside, he may not do so until he has given tithe; but if in the beginning he took it only lest it be lost, he is exempt. Whatsoever a man may not sell if it is demax-produce, he may not send [as a gift] to * For the rule see Bekh. s1.
1 One who undertook to observe the Law to the full, in particular the rules of tithing and of cleanness and uncleanness. On the relation of the Associates to the Pharisees, see Moore, iii. 26. 3 Whereby it becomes ‘susceptible to uncleanness’. See p. 758, n. r.
5 B.K. 7’. Because their habit is to stray into others’ premises and to cause damage.
0 Or, 'passing guests’. 1 Lest an Am-haaretz pick them up and eat them untithed.
* Before paying for them.
9 He had already made them his own possession by the act of ‘drawing’ them to himself.
his fellow if it is tfcjmu-produce. R. Jose permits [him to send] what is certainly untithed, provided that he makes the matter known.
4. If a man brought his wheat* to a miller that was a Samaritan or to a miller that was an Am-haaretz, its condition [after grinding] remains as before in what concerns Tithes and Seventh Year produce;1 2 but if he brought it to a miller that was a gentile, [after it has been ground] it is accounted demai-produce.3 If he gave his produce into the keeping of a Samaritan or an Am-haaretz, its condition remains as before in what concerns Tithes and Seventh Year produce; but if into the keeping of a gentile, it is accounted like to the gentile’s own produce.4 R. Simeon says: It is accounted demai- produce.
5. If a man gave [food to be cooked] to the mistress of the inn he must tithe what he gives her5 and also what he receives back from her, since she must be suspected of changing it. R. Jose said: We are not answerable for deceivers: he need tithe only what he receives back from her.
6. If a man gave [food to be cooked] to his mother-in-law he must tithe what he gives her and also what he receives back from her, since she must be suspected of changing what is spoilt. R. Judah said: She has a mind to the well-being of her daughter and feels shame for her son-in-law. R. Judah agrees that if a man gave to his mother-in-law [food that it is lawful to eat] in the Seventh Year, she need not be suspected of changing it and giving her daughter [forbidden] Seventh Year produce to eat.
4. r. If a man bought produce from one that was not deemed trustworthy in the matter of Tithes, and he forgot to tithe it [on the eve of Sabbath],6 and he inquired on the Sabbath of him that sold it, he may eat at his word; but if it was already nightfall at the close of the Sabbath he may not eat until he has given tithe. If he could not find him, but another that was not deemed trustworthy in the matter of Tithes said to him, ‘It is already tithed’, he may eat at his word; but if it was already nightfall at the close of the Sabbath he may not eat until he has given tithe. If Heave-offering of Tithe from demai-produce fell back to where it was, R. Simeon of Shezur says: Even on a weekday a man need but inquire of the seller and eat at his word.7 2. If a man compels his fellow by a vow to eat with him, and his fellow does not deem him trustworthy in the matter of Tithes, he may eat with him during the first week although he does not deem him trustworthy in the matter of Tithes, provided that the other shall say to him, ‘The food is tithed’; but on the second Sabbath, even if the other vowed to derive no benefit from him [if he ate not with him], he may not eat until he has given tithe.
3. R. Eliezer says: They need not [even] designate part of detrtai- produce as Poorman’s Tithe. But the Sages say: They should designate it, but they need not set it apart.
4. If a man had designated part of demai- produce as Heave-offering of 1 That was duly tithed.
2 See p. 39, n. 4. The miller is not presumed to have exchanged it for untithed produce or Seventh Year produce that had been bought.
1 He may have exchanged it for produce brought by an Am-haaretz.
4 Which is not subject to tithes.
s Since an Associate may not give any food not duly tithed, so that others shall be srved from doing wrong. 6 It is forbidden to tithe on the Sabbath (Shab. a’).
7 That it was, indeed, duly tithed from the first.
24 FIRST DIVISION: ZERAIM Tithe, or part of certainly untithed produce as Poorman’s Tithe, [the priest or the poor man] may not take them on the Sabbath; but if a priest or a poor man was accustomed to eat with him they may come and eat [of them on the Sabbath] provided that he tells them [that what they eat is Heave-offering of Tithe or Poorman’s Tithe].
5. If a man said to one that was not deemed trustworthy in the matter of Tithes, ‘Buy food for me from some one that is trustworthy’, or ‘from one that pays Tithes’, [the agent] may not be trusted; [but if he said, ‘Buy it] from such-a-one’, he may be trusted. If he went to buy it from such-a-one but [returned and] said, ‘I did not find him and I bought it for thee from another that is trustworthy’, he may not be deemed trustworthy.
6. If a man entered a city where he knew no one, and said, ‘Who is there here that is trustworthy? Who is there here that pays Tithes?’ and one said to him, ‘I’, he may not be believed; but if he said, ‘Such-a-one is trustworthy’, he may be believed. If he went to buy from him and said to him, ‘Who is there here that sells old produce?’1 and he answered, ‘He that sent thee to me’, although they seem like them that requite one another, they may be believed.
7. If ass-drivers entered a city and the one said, ‘My produce is new and that of my fellow is old’, or ‘My produce is not duly tithed but that of my fellow is duly tithed’, they may not be believed. R. Judah says: They may be believed.
5. 1. If a man bought bread from the baker2 how should he apportion the Tithe? He should take3 sufficient for Heave-offering of Tithe and for Dough-offering,4 and say: The hundredth part of what is here, to this side, shall be [Heave-offering of] Tithe, with the rest of the [First] Tithe adjoining it; that which I first made Tithe shall be Heave-offering of Tithe for the rest; and the rest [which I set apart] shall be Dough-offering; let what is to the north or south of it be Second Tithe and rendered free for common use by [the setting aside of its redemption] money.
2. If a man was minded to set apart Heave-offering and Heave-offering of Tithe together [from certainly untithed produce],5 he should take one part in thirty-three and a third, and say: Let one hundredth part of what is here, to this side, be common food, and the rest6 Heave-offering for the whole; and let the one hundredth part of common food that is here, at this side, be Tithe with the rest of the [First] Tithe adjoining it; and let that part which I made Tithe be Heave -offering of Tithe for the rest of the [First] Tithe; and the rest [which I set apart] shall be Dough-offering; let what is to the north or south of it be Second Tithe and rendered free for common use by [the setting aside of its redemption] money.
3. If a man bought from the baker he may give Tithe from what is freshly baked instead of from stale bread, or from stale bread instead of from what is freshly baked, even though they are of many [diverse] moulds. So R. Meir. R. Judah forbids it since one may suppose that wheat of yesterday came from one man [and was untithed] while that of to-day came from another [and was tithed]. R. Simeon forbids it with Heave-offering of Tithe but permits it with Dough-offering.