משנה: אֵין תּוֹרְמִין מִן הַלֶּקֶט וּמִן הַשִּׁכְחָה וּמִן הַפֵּיאָה וּמִן הַהֶבְקֵר וְלֹא מִמַּעֲשֵׂר רִאשׁוֹן שֶׁנִּיטְּלָה תְרוּמָתוֹ וְלֹא מִמַּעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁנִּיפְדּוּ וְלֹא מִן הַחַייָב עַל הַפָּטוּר וְלֹא מִן הַפָּטוּר עַל הַחַייָב וְלֹא מִן הַתָּלוּשׁ עַל הַמְּחוּבָּר וְלֹא מִן הַמְּחוּבָּר עַל הַתָּלוּשׁ וְלֹא מִן הֶחָדָשׁ עַל הַיָּשָׁן וְלֹא מִן הַיָּשָׁן עַל הֶחָדָשׁ וְלֹא מִפֵּירוֹת הָאָרֶץ עַל פֵּירוֹת חוּצָה לָאָרֶץ וּמִפֵּירוֹת חוּצָה לָאָרֶץ עַל פֵּירוֹת הָאָרֶץ וְאִם תָּֽרְמוּ אֵין תְּרוּמָתָן תְּרוּמָה. MISHNAH: One may not give heave from gleanings, abandoned sheaves, peah, and ownerless property153As explained in Tractate Peah, all these are exempt from heave and tithes. All examples of this Mishnah are amplifications of the statement that one may not give heave “from what is obligated on what is free from obligation, nor from what is free on what is obligated”.; not from First Tithe of which its heave was taken154While First Tithe is normally taken from produce for which heave was already given, since it is under the obligation of heave of the tithe it still may be used to give the Great Heave as long as heave of the tithe was not given.
According to R. Simson, the Mishnah cannot speak of regular tithe which is totally profane after heave of the tithe is taken but must speak of First Tithe taken before threshing, when there was no obligation of Great Heave, and which is only under the obligation of heave of the tithe and becomes profane without Great Heave (Ḥallah, Halakhah 1:4).
Maimonides, in the later versions of his Commentary, reads שלא ניטלה. This text is also confirmed by the Kaufmann and Cambridge mss. of the Mishnah. Since the Halakhah does not discuss the text, the original reading cannot be ascertained.; not from Second Tithe and dedicated produce155Second tithe and Temple property have only restricted use; once they have been redeemed they are fully profane and free from obligation. which were redeemed; not from what is obligated on what is free from obligation or from what is free on what is obligated; not from harvested produce for what is standing156Standing produce is not under any obligation of heave. or from what is standing for what was harvested; not from new produce for old or from old for new157Since it says (Deut. 14:22); “You should tithe both tithes of all produce of your land which grows every year,” it follows that one may not give heave and tithes from the produce of one year on that of another (Sifry Deut. 105).; not from produce of the Land for that of foreign countries158Which are free from any obligation by biblical law. or from foreign countries for produce of the Land. If heave was given, it is not heave.
הלכה: רִבִּי יוֹחָנָן בְּשֵׁם רִבִּי יַנַּאי זֶה אֶחָד מִשְּׁלֹשָׁה מִקְרִיּוֹת מְחוּוָרִין בַּתּוֹרָה וּבָא הַלֵּוִי כִּי אֵין לֹו חֵלֶק וְנַחֲלָה עִמָּךְ. מִמַּה שֶׁיֵּשׁ לָךְ וְאֵין לוֹ אַתְּ חַייָב לִיתֵּן לוֹ. יָצָא הֶבְקֵר שֶׁיָּדָךְ וְיָדוֹ שָׁוִין בּוֹ. HALAKHAH: Rebbi Joḥanan in the name of Rebbi Yannai: This is one of three well-explained verses159The other two verses are Num. 18:12 (Halakhah 2:4) and Deut. 26:3 (Halakhah 8:1). The argument here is repeated in Ma’serot 1:1, Ḥallah 1:4, Nedarim 4:10. In Sifry Deut. 109, a similar statement is attributed to R. Eliezer ben Jacob. in the Torah (Deut. 14:27): “The Levite shall come, for he has neither part nor inheritance with you.” You must give him from what you have while he has not. This excludes ownerless property where your and his hands are equal.
הִיא לֶקֶט הִיא שִׁכְחָה הִיא פֵּיאָה הִיא הֶבְקֵּר וְלֹא כְּבָר תַּנַּייָת הֵן כּוּלְּהוֹן. כֵּן הִיא מַתְנִיתָא וְלֹא מִפֵּירוֹת שֶׁהֵבִיאוּ שְׁלִישׁ עַל פֵּירוֹת שֶׁלֹּא הֵבִיאוּ שְׁלִישׁ וְאִם תָּרַם אֵין תְרוּמָתוֹ תְרוּמָה. עַל דַּעְתֵּיהּ דְּחִזְקִיָּה בְּמַחְלוֹקֶת. עַל דַּעְתֵּיהּ דְּרִבִּי יוֹחָנָן דִּבְרֵי הַכֹּל. Gleanings, forgotten sheaves, peah, and ownerless property all have the same rule. Did one not already state everything161In the Mishnah, only “from what is obligated on what is free from obligation but not from what is free on what is obligated” would be needed; everything else is just illustration. However, it has just been stated that the first part is necessary to show that “gleanings, forgotten sheaves, peah, and ownerless property all have the same rule”. Similarly, one may make a point that the last case, concerning produce of the Land and of foreign countries, is necessary since if we hold that heaves now are only a rabbinical obligation, it is difficult to see what should be the difference between the heave of the Land and that of the surrounding countries where heave is rabbinical all the time. The only questionable part therefore remains that about standing and harvested produce which seems totally superfluous since nobody would ever think that standing produce was subject to heave. The answer is that “standing” does not really mean standing, but produce harvested at a time in its development when it is not yet human food and should have remained standing.? Thus you have to understand the Mishnah: [One may] not [give] from produce one third ripe for produce not yet one third ripe, and when he gave heave, it is not heave. For Ḥizqiah it is a point of contention, for Rebbi Joḥanan it is everybody’s opinion162The disagreement of Ḥizqiah and R. Joḥanan above, Note 142. For one third grown, cf. Ševi‘it Chapter 5, Notes 20–21, for the rules of gleanings etc., cf. Kilaim Chapter 6, Note 24..