משנה: הַלּוֹקֵחַ מִן הַנַּחְתּוֹם כֵּיצַד מְעַשֵּׂר. נוֹטֵל תְּרוּמַת מַעֲשֵׂר וְחַלָּה וְאוֹמֵר אֶחָד מִמֵּאָה שֶׁיֵּשׁ כָּאן הֲרֵי זֶה בְצַד זֶה מַעֲשֵׂר וּשְׁאָר מַעֲשֵׂר סָמוּךְ לוֹ. זֶה שֶׁעָשִׂיתִי מַעֲשֵׂר עָשׂוּי תְּרוּמַת מַעֲשֵׂר עָלָיו וְהַשְּׁאָר חַלָּה וּמַעֲשֵׂר שֵׁנִי בִצְפוֹנוֹ אוֹ בִדְרוֹמוֹ וּמְחוּלָּל עַל הַמָּעוֹת. MISHNAH: He who buys from the baker1Who is not trusted for tithes and whose bread is demay. The seeming contradiction of this Mishnah and Mishnah 2:4 is discussed in Halakhah 2:4 and referred to again in the Halakhah here., how does he tithe? He takes the heave of the tithe and ḥallah2Heave of the tithe is 1%; ḥallah, if it can be eaten in ritual purity, has a rabbinic ratio of 2.0833% = 1/48. Today ḥallah is a symbolic little piece. All must be designated (but should not actually be separated) before the declaration. and says: One percent here on that side is tithe, the rest of the tithe is adjacent to it. That which I turned into tithe is made heave of the tithe for it and the rest is ḥallah3The rest of first tithe does not have to be given or separated.. The Second Tithe is North (or South) of it and is redeemed by coins4See Chapter 4, Note 56..
הלכה: אַף עַל הַחַלָּה. וְחַלָּה חַייֶבֶת בִּדְמַאי. וְלֹא כֵן תַּנֵּינָן חַלַּת עַם הָאָרֶץ וְהַמְּדוּמָע פְּטוּרִין מִן הַדְּמַאי. רִבִּי אָחָא רִבִּי בּוּן בַּר חִייָא בְשֵׁם רִבִּי יוֹסֵי בֶּן חֲנִינָא דְּבֵית שַׁמַּאי הִיא. וְתַנִּי כֵן רִבִּי שִׁמְעוֹן בֶּן יְהוּדָה אוֹמֵר מִשּׁוּם רִבִּי שִׁמְעוֹן חַלָּה בֵּית שַׁמַּאי מְחַייְבִין וּבֵית הִלֵּל פּוֹטְרִין. כְּלוּם אָֽמְרוּ בֵית שַׁמַּאי אֶלָּא דָּבָר שֶׁהוּא לִזְרִיעָה אִילּוּ הַלּוֹקֵחַ לְזֶרַע וְלִבְהֵמָה קֶמַח לְעוֹרוֹת שֶׁמֶן לְנֵר שֶׁמָּא אֵינוֹ פָטוּר מִדְּמַאי. אֶלָּא בַּמְּגַבֵּל עִיסָּתוֹ בְמֵי פֵירוֹת. לֹא כֵן אָמַר רִבִּי יוֹסֵי בֵּי רִבִּי חֲנִינָא דְּרִבִּי אֶלְעָזָר בֶּן יְהוּדָה אִישׁ בֵּירְתּוֹתָא הִיא הָא כְּרַבָּנִין לֹא. אֶלָּא כְּרִבִּי יוֹחָנָן דְּרִבִּי יוֹחָנָן אָמַר כָּאן בְּעוֹשֶׂה בְטָהֳרָה וְכָאן בְעוֹשֶׂה בְטוּמְאָה. אֶלָּא כְּרִבִּי אֶלְעָזָר דְּרִבִּי אֶלְעָזָר אָמַר כָאן וְכָאן בְּעוֹשֶׂה בְטָהֳרָה. אֶלָּא בְמִתְאָרֵחַ אֶצְלוֹ. לֹא כֵן תַּנִּי הַנֶּאֱמָן עַל הַטָּהֳרוֹת נֶאֱמָן עַל הַמַּעְשְׂרוֹת. וְתַנִּיתָהּ רִבִּי יַנַּאי בֵּי רִבִּי יִשְׁמָעֵאל וְאָמַר הָדָא דְּתֵימַר בְּמִתְאָרֵחַ אֶצְלוֹ אֲבָל בְּרַבִּים אֵינוֹ נֶאֱמָן עַד שֶׁיְּקַבֵּל עָלָיו בְּרַבִּים. וְכֹא בְּרַבִּים אֲנָן קַייָמִין. HALAKHAH: Also ḥallah? Is ḥallah due for demay? Did we not state5Mishnah 1:3. The opinions of Rebbis Joḥanan and Eleazar are detailed in Halakhah 1:3.: “Ḥallah of the unobservant and food containing heave are free from demay.” Rebbi Aḥa, Rebbi Abun bar Ḥiyya, in the name of Rebbi Yose ben Ḥanina: This is from the House of Shammai. We have stated accordingly6Not in other Tannaitic sources. But in Tosephta Demay 1:28 we read: “Replacements for heave and its fifth {from a layman who ate heave in error, who has to replace it together with a 25% fine, measured from below, Lev.5:16}, the fifths of the fifth {if the layman then took the fifth by error, he has to restitute it with an additional fifth, Lev. 5:26}, the leftover of the ‘omer sacrifice, the two breads {leavened breads for the priests, offered on Pentecost}, the show breads, the leftovers of flour sacrifices, and additions to First Fruits; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon that the House of Shammai obligate but the House of Hillel exempt.” It is difficult to make coherent sense of this Tosephta (cf. תוספתא כפשוטה p. 206–207), but the general tenor is that the House of Shammai treat as demay anything that may be food for human consumption.: “Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon that the House of Shammai obligate for ḥallah and the House of Hillel exempt it.” Did the House of Shammai include seed goods? But he who buys for sowing or animal feed, flour for tanning or oil for lighting, is he not free from demay7Mishnah 1:3, accepted also by the House of Shammai.? But it must be for somebody who kneads his dough with fruit juice8Pure fruit juice, other than grape juice and olive oil, without a drop of water added, is not one of the fluids that make food ready to become ritually impure. Also, dough made with fruit juice is really cake dough, not bread dough, and therefore should not be subject to ḥallah. However, the Mishnah, Ḥallah 2:4, declares that dough made with fruit juice is subject to ḥallah even though it cannot become impure. [Maimonides, in his Code (Bikkurim 6:12), not in his Commentary to the Mishnah, restricts the obligation of ḥallah to dough made with grape juice and olive oil; he follows the Yerushalmi Ḥallah 2:2 which seems to indicate that practice does not follow the Mishnah.] If we follow the Mishnah in Ḥallah, we should require the person who buys such bread from the baker to separate ḥallah in order to make public the obligation to give ḥallah from such “bread.”. Did not Rebbi Yose ben Rebbi Ḥanina say that this follows Rebbi Eleazar ben Jehudah from Bartota9Mishnah Ṭebul Yom 3:4: “Dough prepared with some fluid {i. e., that came into contact with some of the fluids that prepare food to become impure, cf. Chapter 2, Notes 136–137} and was kneaded with fruit juice {other than grape juice or olive oil} and was touched by a person who went to the ritual bath that day {but will be pure for heave and sacrifices only at sundown (Lev. 22:7)}, R. Eleazar ben Jehudah from Bartota said in the name of R. Joshua that he made all of it unfit; R. Aqiba said in his {R. Joshua’s} name that he made {heave} unfit {for consumption) only at the place he touched.” Since practice follows R. Aqiba in his dispute with a single opponent, practice must be that fruit juice does not transmit impurity and, hence, does not impart impurity to ḥallah.
R. Eleazar ben Jehudah from Bartota, Tanna of the third generation, was a student of R. Joshua and teacher of Rabban Simeon ben Gamliel. The name Bartota has been tentatively identified in Upper Galilee.. R. Eleazar was known to give to charity more than he could afford, so that the administrators of charity tried to avoid being seen by him., hence it does not follow the rabbis10Since our Mishnah is anonymous, it is difficult to accept that it represents an opinion that clearly is not the practice.. But it agrees with Rebbi Joḥanan, since Rebbi Joḥanan said11In Halakhah 1:3, R. Joḥanan says that, if the baker hires a ḥaver to knead his dough in purity, he will also be careful with heave and tithes, and the baker should tithe. If he prepares his dough in impurity, the buyer should tithe, and this is the case here. R. Eleazar holds that the Mishnah means a wholesaler, who does not have to tithe, but Mishnah 1:3 deals either with a retail baker or a private person baking for his family and guests., one case for him who works in purity and one case for him who works in impurity. But what following Rebbi Eleazar, since Rebbi Eleazar said, in both cases if he works in purity? It must be that he is a guest. Was it not stated12Quoted in Halakhah 2:2 together with the following sentences, qq. v.: “He who is trustworthy for purities is trustworthy for tithes?” Rebbi Yannai ben Rebbi Ismaël stated and said: That is, if one is his guest, but for the public he is not trustworthy unless he accepts it publicly. And here we deal with the public13Since the Mishnah states explicitly that one buys from the baker who offers baked goods to the public..
רִבִּי אָבִין רִבִּי שַׁמַּאי בְשֵׁם רִבִּי אָחָא שְׁמַע לָהּ מִן דְּבַתְרָהּ. הָרוֹצֵה לְהַפְרִישׁ תְּרוּמָה וּתְרוּמַת מַעֲשֵׂר כְּאַחַת. כְּמַה דְּתֵימַר תַּמָּן חוּץ מִן הָרָאוּי לִיקָדֵשׁ לְשֵׁם תְּרוּמָה וְהָכָא חוּץ מִן הָרָאוּי לִיקָדֵשׁ לְשֵׁם חַלָּה. Rebbi Abin, Rebbi Shammai, in the name of Rebbi Aḥa, understood this from the following14Mishnah 5:2 states that a person who wants to separate heave and heave of the tithe together must separate 1% for heave of the tithe. Heave of the tithe has to be given as 10% of the tithe which in itself is 10% of the produce left after heave was taken. Hence, the 1% mentioned in the next Mishnah is 1% of what is left after heave was taken. Similarly, the Mishnah does not imply that ḥallah is subject to the laws of demay but that the 1% for heave of the tithe is to be measured only after regular ḥallah was taken.. “He who wants to separate heave and the heave of the tithe together.” As you will say there, except for that which may become sanctified as heave, here also except for that which may become sanctified as ḥallah.
תַּנֵּינָן חַלָּה בֵּין רִאשׁוֹן לַשֵּׁנִי. רִבִּי יוֹנָה בְשֵׁם רִבִּי זְעִירָא זֹאת אֹמֵר חַלָּה אֵין בָּהּ מִשּׁוּם בַּל תְּאַחֵר. רִבִּי יוֹסֵי בְשֵׁם רִבִּי זְעִירָא אֵין מִשְׁנָה אֲמוּרָה עַל סֵדֶר וְלֹא בִדְמַאי נָן קַייָמִין. לֹא כֵן אָמַר רִבִּי בָּא בְּרֵיהּ דְּרִבִּי חִייָא בְּשֵׁם רִבִּי יוֹחָנָן מַתְנִיתִין בִדְמַאי הָא בְּוַדַּאי לֹא. וְהָכָא בִדְמַאי אֲנָן קַייָמִין. תַּנִּי רִבִּי חִייָא אַף בְּוַדַּאי עָלֶיהָ רִבִּי יוֹנָה בְשֵׁם רִבִּי זְעִירָא אָמַר זֹאת אוֹמֶרֶת חַלָּה אֵין בָּהּ מִשּׁוּם בַּל תְּאַחֵר. רִבִּי יוֹסֵי בְשֵׁם רִבִּי זְעִירָא אָמַר אֵין מִשְׁנָה אֲמוּרָה עַל סֵדֶר אֶלָּא תַקְדִּים חַלָּה לָרִאשׁוֹן. מֵעַתָּה תְּהֵא חַלָּה חַייֶבֶת בְּמַעְשְׂרוֹת. וּמַעְשְׂרוֹת לֹא יְהוּ חַייָבִין בְּחַלָּה שֶׁכָּל־הַקּוֹדֵם אֶת חֲבֵירוֹ חֲבֵירוֹ מִתְחַייֵב בּוֹ. וְתַנִּי כֵן הָעוֹשֶׂה עִיסָּה מִן הַטֵבֵל בֵּין שֶׁהִקְדִּים חַלָּה לַתְּרוּמָה בֵּין שֶׁהִקְדִּים תְּרוּמָה לַחַלָּה מַה שֶׁעָשָׂה עָשׂוּי. חַלָּה לֹא תֵאָכֵל עַד שֶׁיּוֹצִיא עָלֶיהָ תְרוּמָה. תְּרוּמָה לֹא תֵאָכֵל עַד שֶׁיַּפְרִישׁ עָלֶיהָ חַלָּה. וְלָמָּה קָֽדְמָה רִאשׁוֹן מִפְּנֵי שֶׁקָּֽדְמָה לַגּוֹרֶן. וַהֲרֵי שֵׁנִי קְדָמוֹ לַגּוֹרֶן. אָמַר רִבִּי מַתַּנְיָה בְּדִין הָיָה שֶׁתִּקְדּוֹם חַלָּה לַכֹּל. וְלָמָּה קָֽדְמָה רִאשׁוֹן מִפְּנֵי שֶׁקָּֽדְמָה לַגּוֹרֶן וְכָתוּב בּוֹ רֵאשִׁית. שֵׁנִי אַף עַל פִּי שֶׁקְדָמוֹ לַגּוֹרֶן אֵין כְּתִיב בּוֹ רֵאשִׁית. We have stated ḥallah between First and Second Tithes15The Mishnah prescribes taking heave of the tithe and ḥallah together, and only then to give a name to Second Tithe and to redeem it. Both tithes should have been given when the grain was first stored at the farm barn. The obligation of ḥallah comes much later, when grain is first made into flour and then the flour into bread dough.. Rebbi Jonah in the name of Rebbi Zeïra: This means that ḥallah is not subject to “do not give too late16“From your storage and your dema‘ you should not give too late,” Ex. 22:28. From this one concludes that a person who gave heave of the tithe before the first heave cannot declare that he followed all the rules of tithing. No similar rule seems to exist for ḥallah..” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, do we not deal with demay17Since heave and tithes should have been given at the threshing floor, any fixing of demay is in itself in the wrong order.? Did not Rebbi Abba, son of Rebbi Ḥiyya, say in the name of Rebbi Joḥanan that the Mishnah deals with demay; hence, not with certain produce18This refers to Mishnah 1:4 which states that the order of separation for demay is irrelevant, that one may separate the heave of the tithe (which is part of the First Tithe) after the Second Tithe. R. Joḥanan notes that this is one of the special leniencies for demay.? And here19In Mishnah 5:1. we deal with demay. Rebbi Ḥiyya stated20Tosephta Demay 5:6: “He who wants to separate heave, heave of the tithe, and ḥallah together …” There the order of the declaration is heave, heave of the tithe, ḥallah, Second Tithe. Since the first heave is mentioned, one speaks about produce from which nothing at all was yet taken. Nevertheless, ḥallah appears between First and Second tithes.: Also for certain. On that, Rebbi Jonah in the name of Rebbi Zeïra said, this means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, should not ḥallah precede the First Tithe21Since ḥallah has the status of heave, once the obligation has started it should take the place of heave that must be given before any tithe.? Then ḥallah should be subject to tithes but not tithes to ḥallah, because everything that precedes another, the other is obligated for it22Just as if one would transgress giving First Tithe before the heave, the heave given later must be not only from the remaining produce but also from the tithe, since anything that comes later needs to be put in order by fulfillment of the prior obligation. Then the requirement that ḥallah should be taken from dough made from grain from which heave and tithes were taken would be put on its head.. And we have stated in this respect23Tosephta Terumot 4:10. It follows that heave and ḥallah are coordinate, not subordinate one to the other. Hence, each of them needs to be put in order with respect to the other. But definitely this should give ḥallah a status prior to tithes.: “He who makes dough from ṭevel, whether he takes ḥallah before heave or heave before ḥallah, what he did is done. Ḥallah should not be eaten until he take heave for it, heave should not be eaten until he separate ḥallah for it.” But why does First Tithe24I. e., the heave of the tithe that must be given from the First Tithe. have precedence? Because it started at the threshing floor. But does the Second Tithe not start at the threshing floor? Rebbi Mattaniah said, it would have been logical that ḥallah should precede everything else25Not quite everything else, but everything else which has to be given for demay, i. e., comes after heave.. Why does First Heave have precedence? Because it started at the threshing floor and it is called “beginning26Num. 18:12. Ḥallah also is called “beginning” (Num. 15:20,21) but its obligation does not start at the threshing floor..” Second Tithe, even though it started at the threshing floor, is not called “beginning.”