MISHNAH: If somebody sows heave in error it should be ploughed under; if intentionally it must be kept¹. If it is one third ripe it must be kept, whether in error or intentionally². But flax must be ploughed under when [sown] intentionally³. But it is subject to gleanings, forgotten sheaves, and peah¹⁵. Israel poor and poor Cohanim collect; the Israel poor must sell to the Cohanim poor for the value of heave but the proceeds are theirs¹⁶. Rebbi Ṭarphon says, only Cohanim poor may collect; maybe they would forget and put some in their mouths¹⁷. Rebbi Aqiba said to him, if that is so, then only pure persons should collect¹⁸. Also, it is subject to tithe and the tithe of the poor²⁵. Poor Israel and poor Cohanim may take; the poor Israel must sell to Cohanim for the value of heave but the proceeds are theirs¹⁶. He who flails²⁶. 25:4). is praiseworthy; he who threshes, what shall he do? He hangs baskets over the neck of the animal and fills it from the same kind²⁷. In that way, he will not muzzle the animal or feed it heave.

footnotes: ¹ The entire harvest will be heave. In case of unintentional use of heave grain, if the error is discovered early enough, the farmer has a chance for a new crop. If it was intentional, the field cannot be used for commercial produce the entire growing season. ² As explained earlier, “one third ripe” means that the grains are well formed and one third ripe, not that only one third of the entire growing season has passed. The grain is heave and may not be destroyed. ³ The reason is explained in the Halakhah: To avoid that the flax stalks (which are not food but the most valuable part of the plant) could be used. ¹⁵ Since the new crop grown from heave seed is heave only by rabbinic decree, it is not freed from the biblical obligations. ¹⁶ What is collected must be treated as heave but since it is intrinsically profane, the proceeds are profane in the hand of the poor non-Cohen. ¹⁷ The poor non-Cohen will incur guilt eating what was declared to be heave. ¹⁸ Since eating heave when impure is a deadly sin. ²⁵ Since the new crop grown from heave seed is heave only by rabbinic decree, it is not freed from the biblical obligations. ¹⁶ What is collected must be treated as heave but since it is intrinsically profane, the proceeds are profane in the hand of the poor non-Cohen. ²⁶ He removes the grains from the ears by hitting with a flail. He is praiseworthy because he does not use an animal. Since grain is human food, its heave may not be used as animal feed. On the other hand, muzzling a threshing animal is forbidden (Deut ²⁷ So that the animal may eat from the basket while threshing.

HALAKHAH: “If someone sows heave in error it should be ploughed under;” etc. Would it not be reasonable to switch⁴? They fined him that his field should be worthless under the heave⁵.

footnotes: ⁴ Should not the crop sown intentionally be ploughed under and the one sown unintentionally be left standing? ⁵ Since the yield will be heave, the farmer sowing intentionally will be deprived of the use of his field for the entire growing season.

Rebbi Samuel bar Eudaimon asked: Can he be trusted if he says, I did it intentionally⁷? They said to him, if other people knew, it is not on his [word]; otherwise, the mouth which forbade is the mouth that permitted⁸.

footnotes: ⁷ If he prefers to have a field of heave to having to plough it under. ⁸ A general legal principle that if somebody testifies to something, not known from other sources, which would put him at a disadvantage, he himself may offer additional information which explains away the pejorative aspects. This rule is accepted in both Talmudim.

Rebbi Benjamin ben Gidul asked: If he had sown vetch? If he had sown heave from outside the Land⁹? They said to him, it is a “fence”, and there is no “fence” for a “fence”¹⁰.

footnotes: ⁹ Vetch is animal feed; it is subject to heave only by rabbinic usage. Produce from outside the Land is subject to heave only by rabbinic decree. ¹⁰ Reading גדירה for Babylonian גזירה; the rules of the Mishnah are rabbinic decrees promulgated as a “fence around the Law” to safegard the Biblical institution of heave. Rabbinic heave needs no “fence”.

That means¹¹ that sanctity falls on it when it is still standing¹². That means, if he separated before it was one third ripe it did not become holy¹³.

footnotes: ¹¹ This refers to the Mishnah stating that produce one third ripe should be left standing in any case. ¹² If the illegally grown produce would acquire the status of heave only after harvesting, there would be no difference before and after it is one third ripe. ¹³ If heave would be holy when taken from produce not one third ripe then it would always be forbidden to plough under any produce from heave since one may not destroy heave.

“[It] must be ploughed under when [sown] intentionally¹⁴.” They fined him lest he profit from the wooden parts³.

footnotes: ¹⁴ Quote from the Mishnah, speaking of flax heave sown. ³ The reason is explained in the Halakhah: To avoid that the flax stalks (which are not food but the most valuable part of the plant) could be used.

Rebbi Yose asked: If he dedicated sheaves of his [harvest]¹⁹ and they were switched²⁰ 4:8 that in cases of doubt, the gleanings belong to the poor. Nevertheless, grain falling from heave sheaves is heave; since the heave sheaves are no longer identifiable, all gleanings are potential heave and have to be sold to Cohanim as heave. Since there is no answer given, R. Yose’s hypotheses are accepted., do even so poor Israel and poor Cohanim collect?

footnotes: ¹⁹ He dedicated some sheaves as heave even though the duty of heave starts only after threshing. It is implied by the preceding Halakhah that any heave dedicated from grain that was at least one third ripe is legal heave. Hence, the sheaves are legal heave. ²⁰ They were mixed up with profane sheaves. Gleanings from profane sheaves are for the poor. The question implies that practice follows R. Meїr in Mishnah Peah

It was stated²¹ 8:4.: “The wife of a vulgar may grind with the wife of a Fellow when she is impure²². The grain to be ground must be prepared to accept impurity, cf. Demay Chapter 2, Note 141. If the wife of the vulgar considers herself impure, she will refrain from touching the grain. If she holds herself to be pure she still is impure by Fellows’ standards but will not refrain from touching the grain and will make it impure by Fellows’ standards. In the Tosephta, R. Simeon disagrees and forbids grinding together with the wife of a vulgar since the latter, while careful herself in the days of her impurity, will not care if her friends touch the grain.. But when she is pure she should not grind, for she will hold herself more pure that the other.” Following the words of Rebbi Ṭarphon she should not grind even when she is impure lest she forget and put some into her mouth²³!

footnotes: ²¹ Tosephta Ṭahorot ²² The notions of “vulgar” and “fellow” are explained in the Introduction to Demay ²³ Since this is not mentioned in the Tosephta, the teaching of R. Ṭarphon cannot represent practice.

So is the Mishnah: “If that is so, then only pure persons should collect.²⁴”

footnotes: ²⁴ In this version, both Cohanim and non-Cohanim may collect if they are pure. This text is in most Mishnah mss., except most of the Maimonides tradition. Cf. J. N. Epstein, מבוא לנוסח המשנה 2, p. 448; N. Sacks, ed., משנה עם שנויי נוסחאות, זרעים ב p. קעב.

So is the Mishnah: “It is subject to heaves²⁸, tithes²⁹, and the tithe of the poor.”

footnotes: ²⁸ Great Heave and Heave of the Tithe. ²⁹ First tithe (always), second tithe (in years 1, 2, 4, 5 of the Sabbatical cycle) and the tithe of the poor (in years 3, 6 of the Sabbatical cycle.) The special mention of the tithe of the poor is needed only as introduction to the next sentence, that non-Cohanim are entitled to the tithe of the poor in case of doubt.

³⁰ If he³¹. After Heave of the Tithe has been given, the tithe is totally profane in the hand of the Levite. planted one pound of onions of First Tithe and it became ten pounds, these are subject to tithes³² by biblical law.. Its First Tithe is given for the heave of the tithe and for what he planted³³. If he³⁴ planted one pound of onions of Second Tithe and it became ten pounds, these are subject to tithes³⁵ and he still has to redeem the second tithe from what he planted.

footnotes: ³⁰ Tosephta 8:5–6. ³¹ The Levite planted the onions before he gave Heave of the Tithe; when all is still ṭevel ³² In the Tosephta: “Subject to heave and First and Second Tithes.” Since onions do not disappear in the new growth, the entire harvest is ṭevel ³³ For the Heave of the Tithe that should have been given before the onions were planted. ³⁴ Any Jew who illegally planted Second Tithe that was not redeemed. Unredeemed Second Tithe may only be used as food inside the walls of Jerusalem. ³⁵ In the Tosephta: “Subject to heave and First and Second Tithes.”

“ “He who flails is praiseworthy.” Praiseworthy in relation to whom? To him who threshes. “He who threshes, what shall he do?” It was stated³⁶ Meẓi‘a 90a. in the name of Rebbi Simeon: “He hangs vetch for her and she likes it better than anything.” Rebbi Yose said, this implies that if he did this with profane [grain]³⁷. 25:4). he does not transgress “do not muzzle.”

footnotes: ³⁶ Tosephta 8:3; quoted Babli Baba ³⁷ Even if it is permitted to feed the animal from the grain to be threshed, vetch may be substituted for the grain (Deut

“³⁸ is quoted in Babli Baba Meẓiʻa 89b: “Cows trampling on grain or threshing heave and tithes are not subject to ‘do not muzzle’ but because of the bad impression one brings some of the same kind and hangs it around their necks; R. Simeon says, he hangs vetch for her and she likes it better than anything.” The translation follows the interpretation of Maimonides. One does not transgress ‘do not muzzle’ while softening legumes or fenugreek³⁹, but it is forbidden because of the bad impression.” Some Tannaїm state: “Threshing which is permitted to you⁴⁰. 25:4 applies only to threshing profane grain. The opposing opinion applies the verse both to profane and sanctified food; this is the basis for the Mishnah..” But some Tannaїm state: “Threshing which is not permitted to you.”

footnotes: ³⁸ A different baraita ³⁹ It is not clear how cattle were used in these cases. ⁴⁰ Deut

⁴¹ Rebbi Abba bar Mamal said, our Mishnah⁴² after the lentils lost their sap; [then] the lentils shrink⁴³. 4:8). In Halakhah 9:4, both sources read צופרות “deflect”. it that it will not give [any taste]. But if he gave it before the lentils gave their sap; it does not deal with that case⁴⁴. And just as you say, the lentils shrink it that it will not give⁴⁵, so the lentils shrink that it will not absorb⁴⁶. How is that? If he put a profane onion into lentils of heave, the lentils shrink it that it will not absorb. That means, if it is dry, but if it⁴⁷ is moist it is forbidden. Onions and leeks are forbidden moist or dry, whole or cut up. If he removed the top it is as if cut up. If they are two or three they are as if cut up⁴⁸.

footnotes: ⁴¹ This paragraph belongs to the discussion of Mishnah 10:1 and is partially repeated in Halakhah 10:1. ⁴² 10:1, speaking of onions stored with lentils when one of the kinds is heave and the other profane. In that case the profane food will become legal heave if it has absorbed the taste of the heave. ⁴³ In Halakhah 10:1, the reading of both mss. is צופדות; this has been translated here (cf. Thr ⁴⁴ If the lentils are moist, a dry outer skin of the onion will not be impermeable. ⁴⁵ The taste of the onions into the lentils. ⁴⁶ The onion will not absorb the taste of the lentils. ⁴⁷ The onion. ⁴⁸ Since Mishnah 10:1 mentions “onion” in the singular.

This all is if the outer skin⁴⁹ does not impart taste. But if it does, there are Tannaïm who state: “Threshing which is permitted to you.” The Mishnah there⁵⁰ implies also threshing which is not permitted to you, since we have stated: “He hangs baskets over the neck of the animal.⁵¹ 90a). By analogy, since the outer skin of green onions is food, the dry outer skin of an onion of heave also retains its quality of heave. In addition, practice follows those who prohibit the muzzling of threshing animals under all circumstances.”

footnotes: ⁴⁹ Of the onion. The outer skin of a dry onion is not usually used as food. Therefore, it should not have the sanctity of heave. ⁵⁰ This is the Mishnah here, 9:3. ⁵¹ Since the Mishnah forbids muzzling the animal, it considers the grain to be heave. Normally, the obligation of heave starts only after threshing. This means that the Mishnah considers growth from heave as heave in biblical law (negated by the Babli, Baba Meẓiʻa

“When it threshes,” not when it tramples on it. Rebbi Eliezer ben Jacob says, even if it tramples on it⁵² 12:6) seems to read it as “stepping on” and permits muzzling cattle when driven from one place to another. Here, “trampling” must refer to some agricultural work; a detailed definition of the conditions imposed by the biblical use of “threshing”, based on Sifry Deut. 287, is in Maʻserot 2:6 and its parallel Babli Baba Meẓiʻa 89a. Most commentators refer the disagreement here to the earlier statement that there is no prohibition of muzzling if vegetables are crushed (Notes 38–39)..

footnotes: ⁵² It is not clear what “trampling” means. Maimonides (Śekhirut

Rebbi Abun said: Rebbi Aqiba asked Rebbi Simeon ben Ioḥai⁵³ 90b, R. Jonathan asked R. Simai. in order to examine him: If somebody muzzled outside and then brought [the animal] inside⁵⁴? He said to him (Lev. 10:9): “When you come to the tent of meeting;” from when you come to the tent of meeting⁵⁵. 25:4 has to be interpreted following R. Ezra.. Rebbi Ezra⁵⁶ said, (Deut. 25:4) “Do not muzzle an ox at his threshing;” do not thresh using a muzzled ox.

footnotes: ⁵³ In the Babli, Baba Meẓiʻa ⁵⁴ Reading the verse as: “Do not muzzle an ox while he is threshing”, does this imply that one may use a muzzled ox for threshing when the act of muzzling was done away from the threshing floor? ⁵⁵ The Babli is more explicit: Since the paragraph forbids priests to serve in the Temple when they have alcohol in their system, it implies that it is forbidden for a priest, who had come to the Temple while sober, to drink alcohol during his service. Therefore, as a matter of biblical style, Deut ⁵⁶ He is R. Azariah.

MISHNAH: The growth from heave is heave⁵⁷ 13c) this is one of the “eighteen decrees” which the House of Shammai forced on the House of Hillel; according to the Yerushalmi (Šabbat 3c), it might be one of these decrees. The reason given is that one wants to prevent a Cohen from keeping impure heave for sowing since in the meantime he might inadvertently eat from it.; the growth from their growth is profane. But the growths from ṭevel⁵⁸, First Tithe, aftergrowth of the Sabbatical⁵⁹, heave from outside the Land, demaʻ⁶⁰ content of dema‘ is strictly less than 50%, the prohibition is rabbinical., and First Fruits are profane. Growths from dedicated⁶¹ [seeds] and Second Tithe are profane; one redeems them corresponding to the time of sowing⁶². One hundred lagenae⁷³,lagaena,lagoena,lagona, Accadic lignu,liginnu; used here for the surface area from which one liginnu can be harvested. The size of a lagena/liginnu in Mishnaic times is unknown (cf. Demay Chapter 7, Note 85). The Halakhah assumes that each lagena is a separate plot but the farmer forgot what he sowed where. of heave and one profane are all permitted for produce whose seeds desappear⁷⁴) is sown to yield 101 lagenae, and 100 parts of the seeds were profane and one part heave, then all the yield is profane and usable by everybody since even the growth from heave seed is forbidden only by rabbinic degree. (This would make 1 lagena = 4.975 square cubits.); but for produce whose seeds do not disappear⁶⁴, even if there are one hundred profane and one of heave they all are forbidden⁷⁵. Growth from ṭevel is permitted⁸¹ (cf. Peah Chapter 1, Note 303) after threshing and cleaning until heave and tithes are taken. Before threshing, one may eat the grains from single ears. However, for produce whose seeds do not disappear, the quality of ṭevel is never removed and such produce is forbidden even as occasional snack before heave and all tithes are taken. (However, tithes for any produce other than grain, grapes, and olives are rabbinic in character.) for anything whose seeds disappear, but if the seeds do not disappear even the growth from the growth is forbidden. What is one whose seeds do not disappear? For example arum, garlic, and onions. Rebbi Jehudah says, garlic is like barley.

footnotes: ⁵⁷ By rabbinic decree. In the opinion of the Babli (Šabbat ⁵⁸ Seed grain is exempt from heave and tithes. ⁵⁹ The entire prohibition of aftergrowth of the Sabbatical year is rabbinical, as is heave from outside the Land. ⁶⁰ Since in biblical law, a minority of forbidden food disappears in the majority, if the ṭevel ⁶¹ Dedicated to the Temple to be sold and its proceeds used for the Temple. ⁶² The language implies that grains from Second Tithe or dedicated grain were sown without being redeemed, otherwise these would be totally profane. One has to redeem from next year’s crop only an amount equal to the original seed grain. The reading of the Rome ms. and the Munich ms. of the Babli is: בדמי זרעם “for the value of their seeds;” the meaning is the same. ⁷³ Name of a vessel and a measure of grain, Greek λάγυνος, λάγηνος, Latin lagena ⁷⁴ If a field (probably the standard field of one bet seah ⁶⁴ Bulbous plants. ⁷⁵ Since the original heave is still in existence, it is forbidden by biblical decree and the entire crop is available only to Cohanim. ⁸¹ Usually, grain becomes forbidden food as ṭevel

HALAKHAH: We have stated on this⁶³: When has this been said? Anything whose seeds disappear. But in produce whose seeds do not disappear⁶⁴, the growth from their growth is forbidden. But ṭevel is mostly profane⁶⁵, First Tithe is mostly profane⁶⁶, aftergrowth of the Sabbatical is infrequent⁶⁷, heave from outside the Land is infrequent⁶⁸, most of dema‘ is profane⁶⁰ content of dema‘ is strictly less than 50%, the prohibition is rabbinical., First Fruits are infrequent.

footnotes: ⁶³ Referring to growth of heave. ⁶⁴ Bulbous plants. ⁶⁵ 88% is profane if neither heave nor First Tithe were taken. ⁶⁶ 90% is profane. If heave of the tithe is taken, the resulting grain is totally profane and is no longer called “First Tithe”. ⁶⁷ That one would be able to collect enough grain from aftergrowth to serve as seed grain. ⁶⁸ Even from countries bordering on the Land where there is a rabbinic heave; that heave should not be brought into the Land. ⁶⁰ Since in biblical law, a minority of forbidden food disappears in the majority, if the ṭevel

“Growths from dedicated [seeds] and Second Tithe are profane; one redeems them corresponding to the time he sowed.” Rebbi Abbahu in the name of Rebbi Joḥanan: He redeems the entire storage for the value of that seah⁶⁹. The difference between dedicated [produce] and Second Tithe: Second Tithe, whether produce whose seeds disappear or whose seeds do not disappear, is redeemed by the wholesale price⁷⁰ 4:2. The Babli (Baba Meẓiʻa 57a) holds that redemption may be done below the wholesale value; this is never mentioned in the Yerushalmi.; only that produce whose seeds disappear is redeemed by current prices, produce whose seeds do not disappear is redeemed following the early price⁷¹. Dedicated [produce], whether produce whose seeds disappear or whose seeds do not disappear, is treated in its place and time⁷²; only that one redeems the entire storage of produce whose seeds disappear for the value of that seah, but for produce whose seeds do not disappear he has to redeem the [contents of] the entire storage.

footnotes: ⁶⁹ One has to redeem only the value of the seed grain, not the entire harvest. ⁷⁰ Mishnah Maʻaser Šeni ⁷¹ The wholesale price at the time and place of sowing. ⁷² The wholesale price at time and place of redemption is the operative price.

Rebbi Yose said: This implies that if there were 100 seah, each one lifted from 100 seah⁷⁶ of heave fell into 100 seah profane grain and one seah was lifted as replacement heave. That replacement is now treated as heave and the remaining 100 seah as profane. But if now one of the 100 seah of heave was accidentally exchanged for a seah of profane grain and it is impossible to identify which grain is profane, all 100 seah (99 replacement heave and one profane) are permitted to everybody since the holiness of replacement heave is rabbinical, just as the holiness of growth from heave seeds is rabbinical., and one profane was switched with one of them, all would be permitted.

footnotes: ⁷⁶ In a hundred cases, one seah

There⁷⁷, Rebbi Joḥanan said if a seah of heave was lifted from 100 of profane produce, anything will cause it to become insignificant. And here, if he collected and some profane produce fell into it, should it not be permitted⁷⁸? As Rebbi Joḥanan said there⁷⁹, he mills and it is permitted, so also here. There, both kinds came into his hands. But here, only ṭevel came into his hands if he collected from one [lagena]. But if he collected from two, both kinds⁸⁰ came into his hands.

footnotes: ⁷⁷ Halakhah 5:6, Note 77. ⁷⁸ Even if the seeds do not disappear. ⁷⁹ The statement is from Mishnah 5:9 that different kinds are considered as one if they are ground together and now are indistinguishable. ⁸⁰ Growth from profane and heave seeds. In the Tosephta (8:4) it is formulated that the particular stringencies for vegetables whose seeds do not disappear are eliminated once the vegetables are harvested and R. Simeon even permits harvesting for the express purpose of eliminating the stringencies. It is clear that this Tosephta was not known to the authors of the Yerushalmi.

How far⁸² whose seeds do not disappear is forbidden. The Mishnah does not spell out the status of the second year’s growth.? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: It is forbidden for three harvests⁸³; it is forbidden up to the fourth harvest, but the fourth is permitted. Rebbi Samuel ben Eudaimon asked before Rebbi Mana: How far for heave⁸⁴? He said to him, they made the fourth harvest like the first harvest. Just as the first harvest of growth whose seeds disappear is forbidden for heave and permitted for ṭevel, so the fourth harvest of growth whose seeds do not disappear is forbidden for heave⁸⁵ and permitted for ṭevel.

footnotes: ⁸² The growth from ṭevel ⁸³ R. Simson does not have this clause; it seems that the sentence is the confluence of two parallel traditions. The second clause does not add anything to the first. ⁸⁴ Heave planted from bulb vegetables whose first growth retains the status of heave (Mishnah 4). ⁸⁵ But the fifth harvest would be permitted (R. Simson).

What do you have⁸⁶? Rebbi Yose ben Rebbi Abun said, e. g., bulb plants⁸⁷ Chapter 2, Note 42 {but compare Greek κολοβός, όν “stunted, undersized” (E. G.)}..

footnotes: ⁸⁶ What are plants whose seeds do not disappear? ⁸⁷ The word כלובסין is unexplained. For the translation, I am reading בּוֹלְבָּסִּין “bulbs”; cf. Demay

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Garlic up to the size of a barley corn is a plant whose seeds disappear⁸⁸ 34a) that practice follows him; this is denied by Maimonides.. Larger than that, it is a plant whose seeds do not disappear. Rebbi Yose ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Garlic is like barley in every respect.

footnotes: ⁸⁸ The dispute is about the statement of R. Jehudah in the Mishnah that garlic is like barley for these rules. That the statement of R. Jehudah is discussed in practical terms signifies for Rashi (Pesaḥim

MISHNAH: He who weeds with a Non-Jew among bulb plants⁸⁹ Chapter 2, Note 126., even though his vegetables are ṭevel one may eat a snack from them⁹⁰ Chapter 4, Notes 129–131).. Saplings of heave that became impure⁹¹ if planted become pure not to transmit impurity⁹² 11:23). R. Abraham ben David holds that once the impurity has been removed, the heave becomes food for Cohanim. His opinion is well supported in the Babli (Menaḥot 70a) which quotes as a Mishnah the statement that nothing connected to the ground can be heave. That statement is not in the Mishnah texts and is incompatible with the Yerushalmi here (Notes 99 ff.). For the anonymous Tanna, the second growth is permitted, for R. Jehudah the third growth. but they remain forbidden to be eaten until he removes what is edible⁹³. Rebbi Jehudah says, until he removes a second time.

footnotes: ⁸⁹ Defined by the Tosephta (9:3) as arum, garlic, onions, and leeks; cf. Kilaim ⁹⁰ A snack can be eaten from anything that grows until it is harvested in bulk and ready for storage. This Tanna holds that a Gentile’s real estate in the Holy Land is still subject to the obligations of heave and tithes before Jews may eat from its yield (cf. Peah ⁹¹ They are forbidden as food and should have been burned. ⁹² Nothing in the ground can be impure. But nevertheless impure heave is forbidden as food and, since the growth from heave is heave, this prohibition is transmitted to the new growth. This is the interpretation of Maimonides (Terumot ⁹³ And burns it.

HALAKHAH: Rav Ḥiyya bar Ashi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi Simeon⁹⁴. If it follows Rebbi Joḥanan, even a full meal! But since Rebbi Jeremiah, Rebbi Ḥiyya said in the name of Rebbi Joḥanan⁹⁵ Chapter 3, Note 132.: Rebbi Simeon agrees that nevertheless he must separate tithes as a matter of practice; therefore we have to say that this follows Rebbi Simeon⁹⁶.

footnotes: ⁹⁴ Who with R. Jehudah holds that Gentiles’ possessions in the Land are free from obligations of heave and tithes. Since R. Jehudah and R. Simeon are greater authorities than R. Meïr who holds that Gentiles’ possessions are subject to heave and tithes, it is difficult to understand the Mishnah following our rules. ⁹⁵ Demay ⁹⁶ The rule given by the Mishnah is rabbinical; for R. Meir it would be biblical.

It was stated: Demay is permitted to him who weeds with a Samaritan⁹⁷ except after a Sabbatical year.. Therefore, not if it is certain! Why? For demay disappears when it is in the ground but the growth of forbidden produce⁹⁸, the new growth goes under the rules of Mishnah 6. cannot lift it.

footnotes: ⁹⁷ On the Samaritan’s property. If he only suspects the Samaritan not to have tithed the plants used to produce the seeds, he may eat snacks from the fruits but not if he is sure that the Samaritan used untithed fruit. One has to wonder about the entire paragraph since Samaritans are Sadducees following only the written law. For them, the only produce subject to heave and tithes are grains, grapes, and olives. Therefore, Samaritan onions, etc., are certainly not tithed. This is the position of the Tosephta (8:7) which treats all Samaritan bulb plants as growths from ṭevel ⁹⁸ If the seeds were certain ṭevel

Rebbi Abbahu in the name of Rebbi Joḥanan: Saplings of heave that had become impure he may plant and make them heave but if they were heave from before they already were pushed aside⁹⁹. Rebbi Abbahu in the name of Rebbi Joḥanan: Water that became impure is made to touch and may be used as water for Tabernacles but if it was water for Tabernacles from before it already is pushed aside¹⁰⁰ removes impurity (Chapter 4, Note 112). Impure water in a vessel can be purified by immersing the vessel in a miqweh so that the surface of the water in the vessel barely touches (“kisses”) the water of the miqweh. Water of Tabernacles is the water used as a libation on the altar (Ševi‘it Chapter 1, Notes 51–52). Before being used, it has to be dedicated in a Temple vessel. The Babli (Pesaḥim 34b) concludes from the parallel treatment of heave and libations that dedication in or for the Temple is as strong and permanent a designation as heave.. Rebbi Abbahu in the name of Rebbi Joḥanan: Figs and grapes that had become impure one may squeeze and make them heave but if they were heave from before they already were pushed aside¹⁰¹. Rebbi Zeïra, Rebbi Assi, in the name of Rebbi Eleazar, one squeezes less than the volume of olives¹⁰² (Northvale NJ 1998), p. 6]. Since a chicken egg is not smaller than the convex hull of two olives touching one another (Tosaphot Yešenim Yoma 80a), squeezing not more than the volume of two olives will keep the volume safely below the minimal volume that might lead to impurity. The Babli (Pesaḥim 34b) does not define what is “less than the volume of a chicken egg.” and his wine is good even for libations. They said, Rebbi Simeon ben Laqish disagrees. Both about leniency and restriction? If you say about leniency, this is understandable¹⁰³. If you say about restriction¹⁰⁴, did we not state: “Until he removes what is edible?”

footnotes: ⁹⁹ If they were impure and he planted them to free them from impurity, he may then declare the growth to be heave and it is permitted for Cohanim. But if it was impure heave before planting, the new growth cannot be eaten by anybody (Note 92). ¹⁰⁰ Flowing water or standing water of at least 40 seah ¹⁰¹ Grape juice is considered a new food; if there is less than the volume of a chicken egg, the fluid cannot accept impurity. But if the grapes were impure heave, they are not food and no food can come from them. Grape juice squeezed from these grapes is not a drink, pure or impure. ¹⁰² An indefinite plural means 2, as smallest integer 1 [cf. H. Guggenheimer, Seder Olam ¹⁰³ R. Simeon ben Laqish does not agree that juice squeezed from a fruit becomes a new kind of food; it is the fluid form of the previous fruit and remains impure even if squeezed in amounts less than a chicken egg. ¹⁰⁴ R. Simeon ben Laqish cannot deny that impure heave remains forbidden as food for everybody; even if he would accept the trick of squeezing small quantities he could not accept that this would make impure heave drinkable.

Rebbi Abbahu in the name of Rebbi Joḥanan: so is the Mishnah, “until he removes the leaves a second time.105”