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עברית
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Laws of the Poor Tithe
Agricultural Law
Sources
A
The
baraita
elaborates: With regard to
all of
these gifts,
the owner
of the produce
does not have the benefit of discretion.
This is the benefit accrued from giving a gift to an individual of one’s choice, e.g., giving
teruma
or tithes to whichever priest or Levite that one chooses. Instead, poor person who takes possession of these gifts becomes their rightful owner.
And even a poor person of Israel
who owns a vineyard, field, or tree must leave these gifts for all other poor people…
Chullin 131a:12-131b:9
From where are these matters
derived that during the third year one must set aside poor man’s tithe and not second tithe?
Rabbi Yehoshua ben Levi said:
The verse states:
“When you have made an end of tithing all the tithes of your produce in the third year, which is the year of the tithe”
(Deuteronomy 26:12). This is referring to
a year when there is only one
of the two
tithes
that had been given in the previous years.
How so?
One sets aside
first tithe and poor man’s tithe,
which is explicitly mentioned in that section…
Rosh Hashanah 12b:2
Rabbi Elazar
said to
Rabbi Yosei to
go
and
say to
the Sages in the study hall:
Do not be concerned
with regard
to your counting,
that you might not have ruled properly, as you have not in fact instituted a new ordinance at all.
This is
the tradition that
I received from Rabban Yoḥanan ben Zakkai, who heard from his teacher, and his teacher from his teacher:
It is
a
halakha
transmitted
to Moses from Sinai
that in
Ammon and Moab one separates the poor man’s tithe in the Sabbatical Year…
Chagigah 3b:9
There is a sixth present [awarded] to the poor from the land's produce: the tithe given to the poor. It is called the tithe for the poor. This is the order of [the separation of] the
terumot
and the tithes. After one harvests produce from the earth or fruit from the tree and completes all the necessary work, he separates one fiftieth of the produce. This is called the great
terumah
and should be given to the priest. Concerning this the Torah states [Deuteronomy 18:4]: "The first of your grain, your wine, and your oil." Afterwards, he separates one tenth from the remainder…
Mishneh Torah, Gifts to the Poor 6
The Gemara explains that this statement is not referring to
teruma
.
This is what it is saying: In a case where the poor man’s tithe is distributed
to the poor from the owner’s house,
the woman is given
teruma
first. What is the reason?
She is given the tithe first
because
it is
demeaning
for a woman to have to wait in the company of men for a lengthy period of time.
Yevamot 100a:7
The Gemara suggests:
Come
and
hear
a proof from a
baraita
:
Two brothers,
or
two partners
in the ownership of produce, or
a father and son,
or
a rabbi and his student, may redeem
the
second tithe for each other
without adding one-fifth, as one who redeems the tithe of another, including these individuals, is not required to add one-fifth.
And they may feed each other
the
poor man’s tithe.
If one of them is poor, the other may give him the poor man’s tithe that he separated from his produce…
Kiddushin 32a:3
Having established that an
eiruv
may be established with apples, the Gemara returns to the question raised above:
How many
apples are needed to establish an
eiruv
?
Rav Naḥman said:
The minimum measure of
apples
that must be used for an
eiruv
is
a
kav
.
The Gemara
raises an objection
from a
baraita
:
Rabbi Shimon ben Elazar says:
When distributing poor man’s tithe, one must give each individual poor person at least
an
ukla
,
an eighth of a
log
,
of spices, a liter of vegetables, ten nuts…
Eruvin 29a:8-11
Rabbi Eliezer,
who holds that the barrel of
teruma
must be safeguarded from ritual impurity,
holds that the verse is speaking of two
terumot
: Both
teruma
that is
definitely
ritually pure and
teruma
that is in abeyance,
i.e.,
teruma
whose status with regard to impurity is uncertain.
And
based on the plural “My
terumot
,” it is understood that
the Merciful One states: Make a protection for it,
i.e., safeguard even
teruma
whose status concerning impurity is uncertain…
Bekhorot 34a:3
It was stated above that one is prohibited from burning second tithe and first fruits even when they are ritually impure,
which is not
the case
with
regard to
teruma
.
The Gemara asks:
From where do we
derive that this
halakha
does not apply to
teruma
?
Rabbi Abbahu said
that
Rabbi Yoḥanan said: As the verse
with regard to the declaration of tithes
states: “I did not consume of it while impure”
(Deuteronomy 26:14), and the words “of it” teach that
of it,
i.e…
Yevamot 73b:8
The Gemara answers:
This
halakha
of Rabbi Abbahu
with regard to the burning of impure
teruma
oil
is derived from what Rav Naḥman said
that
Rabba bar Avuh
said.
As Rav Naḥman said
that
Rabba bar Avuh said: What is
the meaning of that
which is written: “And I, behold, I have given you the charge of My
terumot
”
(Numbers 18:8)? From the amplification of the plural “My
terumot
,” it is derived that
the verse is speaking of two
terumot
…
Yevamot 74a:18
And these are the
items
that are burned: Leavened bread on Passover shall be burned. And
the same
halakha
applies to
ritually impure
teruma
. And
with regard to
the fruit that grows on a tree during the three years after it was planted [
orla
], and diverse kinds
of food crops sown
in a vineyard, those
items
whose
appropriate
manner
of destruction
is to be burned,
e.g., foods,
shall be burned; and those
items
whose
appropriate
manner
of destruction
is to be buried,
e.g…
Temurah 33b:17
By inference, the conclusion is that, specifically
on a Festival,
lighting with burnt oil
is prohibited.
During the week one may
well
do so. The Gemara asks:
What is the reason
for this distinction? It would be reasonable to say that it is prohibited to derive any benefit from
teruma
that became ritually impure.
Rav said: Just as there is a mitzva to burn consecrated items that became ritually impure, so too, there is a mitzva to burn
teruma
that became ritually impure, and
the
Torah said: While it is being destroyed, derive benefit from it…
Shabbat 25a:2
The Gemara asks: Is the measure of
teruma
by Torah law
one part
of sixty? But doesn’t Shmuel say:
By Torah law, even
one
grain of
wheat
given as
teruma
exempts the
entire
pile [
keri
]
of grain? The Gemara answers:
By Torah law
the measure is
as
stated
by Shmuel,
that even one grain of wheat is sufficient.
By rabbinic law
,
with regard to
produce that is obligated in
teruma
by Torah law
the measure is
one-fortieth,
whereas
by rabbinic law
…
Chullin 137b:9
From the laws of the commandment are that which they, may their memory be blessed, said (Mishneh Torah, Laws of Gifts to the Poor 6:7, 10) that the owner of a field through which poor people passed must give everyone of them tithe enough to satiate him, as it is stated (Deuteronomy 26:12), “and they shall eat in your gates and be satiated.” And how much is enough to satiate him? From wheat, he should [give] no less than half a
kav
; from barley, no less than a
kav
; spelt, no less than a
kav
and a half; fig-cakes no less than the weight of twenty-five
sela
…
Sefer HaChinukh 474:3
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