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Mishnah Demai, chapter 4

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If a man bought fruit from one who lr on`p Fpi`W iOn zFxR gwFNd ` was not trustworthy regarding tithes ,zAXa Fl`FWe ,oxVrl gkWe ,zFxUrOd [i.e., an am ha'aretz] and he forgot to lk`i `l ,zAW i`vFn dkWg .eiR lr lk`i tithe them [before the Sabbath], he Fpi`W xg` Fl xn` ,F`vn `l .xVrIW cr inquires of the seller on the Sabbath [if lr lkF` ,od oixVrn ,zFxUrOd lr on`p he had tithed them] and may eat, cr lk`i `l ,zAW i`vFn dkWg .eiR according to his word [since on the dxfgW i`nC ly xUrn znExY .xVrIW Sabbath itself even untrustworthy lFgA s` ,xnF` ixEfW oFrnW iAx ,DnFwnl people do not lie] but at nightfall after Fxag z` xiCOd a :eiR lr FlkF`e Fl`FW the Sabbath [if he had fruit left over], he may not eat from them unless he tithes them first [this leniency was only instituted regarding the Sabbath, since one may not tithe on the Sabbath]. If he could not locate the seller, but another person who was not reliable regarding tithes declared to him that [he knows that] they had been tithed, he [too, is believed and he] may [therefore] eat them according to his word; but at nightfall, after the Sabbath, he may not eat from them unless he had first tithed them. If terumat ma'aser [which is 1/100th] of demai had become mixed up again [with the produce] from which it had been taken [and now the entire mixture is meduma, since it does not have the necessary 1 part to 100 in order to become nullified], Rabbi Shimon of Shezuri says; Even on a weekday he may ask the seller [whether or not he had tithed them and, in the case where the seller had already tithed, his own setting aside of terumat ma'aser was not necessary] and [he may therefore] eat, according to his word [the reason we trust the am ha'aretz here is; once the purchaser tells him that he had set aside terumah he fears lying concerning something to which the death penalty is attached]. (2) If a [newlywed] man imposed a vow upon his friend to eat with him [i.e., he

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`xephxan dicaer epax

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xwyle dxiar xearl mi`xizny ,eilr zay zni`c .eit lr lk`i zaya .zexit gweld

dilr ecygp ux`d inrc xyrn znexz hwp ikdl .i`nc ly xyrn znexz :legan xzei zaya znexze ,dilr ecygp `l dlecb dnexz la` ,oey`x xyrn yxted `ly onf lk dzina dpi` ixaqc

.eit lr elke`e el`ey :zrncne dxfg ,d`nn zegtl dnewnl dxfgyke ,d`nn cg` `ied xyrn
:ixefy oerny iaxk dklde .xwyl `xie ,ux`d mr lr renc zni` dnexz my dl `xwpy xg`nc :ilv` creq dz` oi` m` il dpdp dz`y dn mpew dil xn`c .enr lk`iy exiag z` xicnd

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said: May all that I have be prohibited lr Fpin`n Fpi` `Ede ,Flv` lk`IW to you if you don't partake of my s`e ,dpFW`xd zAXA FOr lkF` ,zFxUrOd meal], and the friend does not trust calaE ,zFxUrOd lr Fpin`n Fpi`W iR lr s` ,dIpW zAWaE .od oixVrn Fl xn`IW him regarding tithes, he may eat with lr him on the first Sabbath [after his :xVrIW cr lk`i `l ,dipd EPOn xcPW iR marriage], provided however, that the zFxwl Kixv mc` oi` ,xnF` xfril` iAx b man had told him that the food had ,mixnF` minkge .i`nC lW ipr xUrnl mW been tithed, even though, he does not `xTW in c :Wixtdl Kixv oi`e mW `xFw xUrnlE i`nC lW xUrn znExzl mW trust him [that in fact it had been ipr tithed] However, on the second Sabbath, although the man is bound by a vow not to enjoy any benefit from him, [if he does not join him in the meal] still he may not eat with the man unless he [himself] first tithed [the food]. (3) [When setting aside tithes of demai it is only terumat ma'aser and ma'aser sheni that are set aside; however, ma'aser rishon for the Levite, and ma'aser oni for the poor are not aside. The reason being that since tithes are permitted to be eaten by Israelites, therefore, it is not a question of a prohibition, such as would exist in a case of questionable terumah. Rather, it is a question of ownership; does this first tithe belong to the Levi, or the ma'aser oni to the poor? Since the very definition of demai is; doubt as to whether or not it has already been tithed, he may, therefore, tell the Levi, or the poor man; Bring proof that this was not already tithed. However, regarding the terumah of the tithe, he must first designate an area for the tithe and only then can he set aside terumat ma'aser.] Rabbi Eliezer says: A man need not designate the poor man's tithe of demai [since the am ha'aretz is not suspect in not setting aside ma'aser oni; being that there is a death penalty involved, (lke`d ... h"eiz oiir dzin aiig ipr xyrnl oileah eizexit) the am ha'aretz sets it aside, but then keeps it for himself]. But the Sages say: [Since the haver loses nothing anyway, we are stringent and] he must designate it, but he need not [actually] set it apart. (4) If a man had designated the terumat ma'aser of demai [to a certain corner of `xephxan dicaer epax
:dai` meyn ,enr lek`l el exizd ,dleza `ypy xegal oi`eyp zcerq ly .dpey`xd zay

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,ipr xyrn lr ux`d inr ecygp `lc .i`nc ly ipr xyrnl my zexwl jixv mc` oi`

:onvrl eze` migwele ,eze` miyixtne dzina md ipr xyrnl mileahd zexity mircei mdy ozile yixtdl jixv oi`c dfa melk ciqtn epi` ixdy my el `xew ok it lr s` .mixne` minkge

my `xwy in

:di`xd eilr exiagn `ivende ,exiagn `iven dfa ded iprc meyn ,iprl

epetva gpen `di df ixkn yixtdl aiig ip`y xyrn znexz xn`y .i`nc ly xyrn znexzl
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odkl dpzepe my dl `xew l`xyidy itl hwpc i`nc ly xyrn znexze .dyixtd `le enexca e` ozep `ed `l` ,my dl `xew l`xyid oi` i`ce ly xyrn znexz la` ,envrl xyrnd gwele xvgay iprl e` odkl mpzil ick .mlhi `l :odkl dpzepe xyrn znexz yixtn ielde ,iell xyrn lek`l oilibxd xnelk ,elv` lek`l micenla la` ,zaya iprle odkl zepzn ozil xeq`y ,ieanaye mde mricen epi` m`y ,ipr xyrn ly e` ,xyrn znexz ly mdy mriceiy calae ,ixy epgly lr

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epi`

xn` ik la` on`p did ipira xnele ihenzy`l ivn on`p epi`y inn gwly `vni elit`c .on`p

df ixd on`p ipelt yi`

meyn i`pqk`a eliwdy `id `lew ceyg envr `edy oeik epin`dl ie`x did `lc ab lr s` .on`p

o`k in :dgnend on `l` lehi `l ,my mc` xikn m` la` ,my mc` xikn oi`yk `wece .ytp iig

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the pile], or the ma'aser oni of produce F` odk did m`e .zAXA mlHi `l ,i`Ce lW that had definitely not been tithed, he ,Elk`ie E`Fai ,Flv` lk`l micEnl ipr may not actually separate it on the on`p Fpi`W inl xnF`d d :mricFIW calaE Sabbath [to give to the priest or to the iOnE on`p `EdW iOn il gw ,zFxUrOd lr poor man]. However, if the priest and ixd ,ipFlR Wi`n .on`p Fpi` ,xVrn `EdW the poor man usually eat with him, `l Fl xn`e ,EPOn gTl Kld .on`p df they may come and partake [from that Fpi` ,on`p `EdW xg`n Kl iYgwle eiz`vn produce] provided that he informs ,mW mc` xiMn Fpi`e xirl qpkPd e :on`p them [that it is terumat ma'aser or, in Fl xn` .xVrn o`k in .on`p o`k in ,xn` the latter case, ma'aser oni. If he does ixd ,on`p ipFlR Wi` .on`p Fpi` ,ip` ,cg` not inform them, then it is the o`k in ,Fl xn` ,EPOn gTl Kld .on`p df equivalent of feeding them from terumot and ma'aserot which is prohibited]. (5) If a man said to one who was not trustworthy regarding tithes; Buy [produce] for me from one who is reliable or from one who gives tithes, he is not trusted [since the am ha'aretz may say of someone untrustworthy, I trust him]. However if the man said; Buy it for me from So-and-So, he is trusted. If he went to buy it from him [and then returned] and said; I did not find him, so instead I bought [produce] for you from another man who is reliable, he is not trusted. (6) If a man came to a city where he doesn't know anyone, and said; Who is trustworthy here? Who gives tithes here? And someone replied; I can be believed, he is not believed [since one cannot testify regarding himself], but if he replied; So-and-So is trustworthy, he may be believed [a leniency the Rabbis permitted where he absolutely is not familiar with anyone]. If the man went to

:xeq` `edy zexyrne zenexz eigxe` lik`nk dil ded ,mlik`n `ed elyny mixeaq :xg`n gwil i`yx epi` `dc ihenzy`l ivn `l ipelt yi`n dil

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cqg milneb mdy `nipc jk lk odilr exingd `l jkld ,od mixyrn ux`d inr aexc ,i`nck iede :xweid mewnl lefd mewnn d`eaz mi`iand .mixngd

xira ely z` exiag gayiy ick ,ef xira exiag ly gayne ,df z` df milneb i`cec .mipn`p oi`

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odiig meyn eliwd i`nca ,md mixyrn ux`d inr aexe li`ed .mipn`p xne` dcedi 'x :zxg` :dcedi iaxk dkld oi`e ,my `al oilibx zexite d`eaz ixken eidiy ,xird ipa ly

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ycgd lr miceyg oi` ux`d inr aexe ,xnerd axwiy mcew ycg edelik`i `ny `xiy .oyi xken

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buy from So-and-So, and he asked lr s` ,ilv` LglXW in ,Fl xn` .oWi xkFn him; Who sells old produce [yashan :oipn`p EN` ixd ,df z` df oilnFbM odW iR produce from last year which iNW ,cg` xn` ,xirl EqpkPW mixOgd f already was permitted through the lWe oTzn Fpi` iNW ,oWi ixag lWe Wcg bringing of the Omer] here? And ,xnF` dcEdi iAx .oipn`p opi` ,oTzn ixag So-and-So replied; The one who sent :oipn`p you to me; although they appear to be repaying one another's favor, they may be trusted. (7) If donkey-drivers [who bring produce from a cheap area to one that is more expensive] entered a city and one of them said; My produce is hadash but my friend's produce is yashan, or; My produce has not been set right [regarding tithes] but my friend's produce has been set right, they may not be believed [he is, in fact, repaying the other's favor and in the next town, the other will return his favor]. Rabbi Yehudah says: They may be believed [the Rabbis were lenient, in this case, since most of demai is tithed and they were fearful lest the donkey-drivers would not return to the town if they were not trusted and the people needed them for deliveries]. `xephxan dicaer epax

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f :jilr cir` ip`e ilr dz` cirz ,dfl df