Halacha
הלכה א
פֵּרוֹת שֶׁהִגִּיעוּ לְעוֹנַת הַמַּעַשְׂרוֹת וְנִתְלְשׁוּ וַעֲדַיִן לֹא נִגְמְרָה מְלַאכְתָּן כְּגוֹן תְּבוּאָה שֶׁקְּצָרָהּ וְדָשָׁהּ וַעֲדַיִן לֹא זָרָה אוֹתָהּ וְלֹא מֵרְחָהּ מֻתָּר לֶאֱכל מֵהֶן אֲכִילַת עַרְאַי עַד שֶׁתִּגָּמֵר מְלַאכְתָּן. וּמִשֶּׁתִּגָּמֵר מְלַאכְתָּן אָסוּר לֶאֱכל מֵהֶן עַרְאַי:
כסף משנה
1.
When produce has reached the "phase of tithing,"1See Chapter 2, Halachot 3-5, which also dwell on this subject. it was detached [from the earth], but the work preparing it was not completed, e.g., grain that he harvested and threshed, but [the reaper] did not winnow it or straighten the grain pile, he may partake of it as a snack2According to Scriptural Law, there are no restrictions at all on partaking of this produce. Nevertheless, our Sages only allowed one to partake of it as a snack. They, however, did not allow him to partake of it as part of a significant meal (Rashi, Berachot 31a). [without tithing] until those tasks are completed. Once those tasks are completed, it is forbidden to partake of it as a snack [without tithing].הלכה ב
בַּמֶּה דְּבָרִים אֲמוּרִים בְּגוֹמֵר פֵּרוֹתָיו לְמָכְרָן בַּשּׁוּק. אֲבָל אִם הָיְתָה כַּוָּנָתוֹ לְהוֹלִיכָן בַּבַּיִת הֲרֵי זֶה מֻתָּר לֶאֱכל מֵהֶן עַרְאַי אַחַר שֶׁנִּגְמְרָה מְלַאכְתָּן עַד שֶׁיִּקָּבְעוּ לְמַעֲשֵׂר:
כסף משנה
2.
When does the above apply? When one is completing the work [necessary to prepare] the produce to be sold in the market place. If, however, his intent was to bring it to his home,3The difference between the two instances can be explained as follows: If he intends to sell it, then he will sell it when he meets a purchaser even before taking it to the marketplace. And the produce must be tithed before it is sold. Hence, as soon as the work associated with it is completed, he must tithe it. In contrast, when he intends to bring the produce home, everything is dependent on his own intent. Hence, he is given this leniency [the Jerusalem Talmud (Ma'aserot 1:5)].The Ra'avad differs with the Rambam's ruling, maintaining that since the Torah mentions grain from the grainheap and wine from the vat, the obligation to tithe these types of produces takes effect when they are in the grainheap and the vat. The Radbaz and the Kessef Mishneh support the Rambam's ruling and it is cited as halachah by the Shulchan Aruch (Yoreh De'ah 331:82). he may partake of it as a snack [even] after the work involving it is completed until a situation occurs which obligates the separation of tithes.4The definition of such acts is the subject of the following halachot.
הלכה ג
אֶחָד מִשִּׁשָּׁה דְּבָרִים קוֹבֵעַ הַפֵּרוֹת לְמַעַשְׂרוֹת. הֶחָצֵר. וְהַמִּקָּח. וְהָאֵשׁ. וְהַמֶּלַח. וְהַתְּרוּמָה. וְהַשַּׁבָּת. וְכֻלָּן אֵין קוֹבְעִין אֶלָּא בְּדָבָר שֶׁנִּגְמְרָה מְלַאכְתּוֹ:
כסף משנה
3.
Six situations5The Ra'avad asks why the Rambam does not mention pickling, for that is also cited by the Mishnah (Ma'aserot 4:1). According to the Rambam, that act is including in salting, because he interprets the mishnah as meaning pickling in brine (see his Commentary to the Mishnah). It is, nevertheless, difficult why the mishnah mentions salting and pickling as separate activities. Note, however, Chapter 5, Halachah 14, which could also be interpreted as referring to pickling in vinegar. obligate the separation of tithes from produce:6Accoridng to Rabbinic Law. With regard to Scriptural Law, see the following chapter. [bringing it into] a courtyard,7A courtyard that is protected (Chapter 4, Halachah 8). Here the intent of mentioning a courtyard is to refer to any dwelling as explained in Chapter 4. a transaction,8See Chapter 5, Halachah 1ff. [subjecting it to] fire,9See Chapter 5, Halachah 14. salting it,10Ibid.:18. separating terumah,11Ibid.:19. and [the commencement of] the Sabbath.12Ibid.:20. These situations require the separation of tithes only when the work necessary to prepare the produce has been completed.הלכה ד
כֵּיצַד. פֵּרוֹת שֶׁדַּעְתּוֹ לְהוֹלִיכָן לַבַּיִת אַף עַל פִּי שֶׁנִּגְמְרָה מְלַאכְתָּן אוֹכֵל מֵהֶן אֲכִילַת עַרְאַי עַד שֶׁנִּכְנְסוּ לַבַּיִת. נִכְנְסוּ לַבַּיִת נִקְבְּעוּ לְמַעַשְׂרוֹת וְאָסוּר לֶאֱכל מֵהֶן עַד שֶׁיְּעַשֵּׂר. וְכֵן אִם מְכָרָן אוֹ בִּשְּׁלָן בְּאוּר אוֹ כְּבָשָׁן בְּמֶלַח אוֹ הִפְרִישׁ מֵהֶן תְּרוּמָה אוֹ נִכְנְסָה שַׁבָּת עֲלֵיהֶם לֹא יֹאכַל עַד שֶׁיְּעַשֵּׂר אַף עַל פִּי שֶׁלֹּא הִגִּיעוּ לַבַּיִת. הִכְנִיסָן לַבַּיִת קֹדֶם שֶׁתִּגָּמֵר מְלַאכְתָּן הֲרֵי זֶה אוֹכֵל מֵהֶן עַרְאַי. הִתְחִיל לִגְמֹר מְלַאכְתָּן מֵאַחַר שֶׁנִּכְנְסוּ לַבַּיִת חַיָּב לְעַשֵּׂר הַכּל. כֵּיצַד. הִכְנִיס קִשּׁוּאִין וְדִילוּעִין לַבַּיִת קֹדֶם שֶׁיְּשַׁפְשֵׁף מִשֶּׁיַּתְחִיל לְשַׁפְשֵׁף אַחַת נִקְבְּעוּ הַכּל לְמַעֲשֵׂר. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה. וְכֵן הַתּוֹרֵם פֵּרוֹת שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן מֻתָּר לֶאֱכל מֵהֶן עַרְאַי. חוּץ מִכַּלְכָּלַת תְּאֵנִים שֶׁאִם תְּרָמָהּ קֹדֶם שֶׁתִּגְמֹר מְלַאכְתָּן נִקְבְּעָה לְמַעֲשֵׂר:
כסף משנה
4.
What is implied? One may eat a snack from produce which he intends to bring home [without tithing], even though the work necessary to prepare it has been completed until he enters his home. Once he enters his home,13Or even, as indicated in the previous halachah, it is brought into a courtyard that serves the home. the obligation to separate tithes takes effect and he is forbidden to partake of it14Even partaking from it as a snack is forbidden. until he tithes it.Similarly, if he sold it, cooked it by fire, pickled it in salt, separated terumah from it, or the Sabbath commenced, he may not partake of it until he separates the tithes even though it has not reached the house.
If he brought the produce into his home before he completed the work associated with it, he may continue to snack from it.15See Halachah 6. If he began to complete the work associated with its completion, he is obligated to tithe the entire amount.16Not only the portion for which he completed the work.
What is implied? A person brought zucchini and squash home before he rubbed them [to remove the hairs on their surface]. Once he begins rubbing one of them, he is obligated to tithe all of them. Similar laws apply in all analogous situations.
Similarly, when one separates terumah from produce for which all the tasks necessary to prepare it have not been completed, it is permitted to snack from them with the exception of a basket of figs.17Neither here, nor in his Commentary to the Mishnah (Ma'aserot 2:4), does the Rambam explain why figs are singled out from other fruit. The Radbaz quotes the gloss of Rabbenu Shimshon as stating that the intent is not only figs, but all fruit that is set aside for drying. Even though one's original intent is that the fruit be dried, since it is home and it is in a basket, it may be served at any time. Therefore, it is necessary to tithe it. If one separates terumah from them before the work associated with preparing them is finished, the obligation to tithe takes effect.
הלכה ה
הַמֵּבִיא לְבַיִת סֻכֵּי תְּאֵנָה וּבָהֶם תְּאֵנִים. מִכְבְּדֵי תְּמָרָה וּבָהֶם תְּמָרִים. אִם הִכְנִיסוּם תִּינוֹקוֹת אוֹ פּוֹעֲלִים לֹא נִקְבְּעוּ לְמַעֲשֵׂר. וְאִם הִכְנִיסָן בַּעַל הַבַּיִת חַיָּב בְּמַעֲשֵׂר. הִכְנִיס שִׁבֳּלִים לַעֲשׂוֹת מֵהֶן עִסָּה לֹא נִקְבְּעוּ. לְאָכְלָן מְלִילוֹת נִקְבְּעוּ לְמַעֲשֵׂר. בַּמֶּה דְּבָרִים אֲמוּרִים בִּתְבוּאָה. אֲבָל בְּקִטְנִיּוֹת לֹא נִקְבְּעוּ לְמַעֲשֵׂר:
כסף משנה
5.
[The following laws apply if] fig-branches to which figs were still attached or date fronds to which dates were still attached18Since the fruit was not removed from the branches, it is considered as if the tasks preparing this fruit are not completed. were brought home. If children or workers brought them [to a person's home], the obligation to tithe does not yet take effect.19Since the produce is not their own, their intent in bringing the branches in is not significant. If the owner of the home brought them, he is obligated to tithe them.20For the fact that he brings them home indicates that from his perspective, all work has been completed.If he brought in stalks of grain to make dough, the obligation to tithe does not take effect.21For he will be performing further work to prepare the grain for produce. If he intended to eat them as kernels, it does take effect.22In such an instance, the kernels are basically ready to be eaten and bringing them home is considered as collecting them in a grainheap. When does the above apply? With regard to grain. With regard to legumes, the obligation to tithe does not take effect [in that instance].23For the kernels of legumes are generally not collected to be eaten at this stage of preparation and hence, there is no obligation to tithe.
הלכה ו
מֻתָּר לְהַעֲרִים עַל הַתְּבוּאָה לְהַכְנִיסָהּ בְּמוֹץ כְּדֵי שֶׁתִּהְיֶה בְּהֶמְתּוֹ אוֹכֶלֶת וּפְטוּרָה מִן הַמַּעֲשֵׂר. וְזוֹרֶה מְעַט מְעַט אַחַר שֶׁהִכְנִיס לְבֵיתוֹ וּפָטוּר לְעוֹלָם מִן הַתְּרוּמָה וּמִן הַמַּעַשְׂרוֹת שֶׁהֲרֵי אֵינוֹ מַתְחִיל לִגְמֹר הַכּל:
כסף משנה
6.
It is permitted to be crafty and bring [grain that has been harvested] into one's home while it still has its outer shell24I.e., without having threshed it or winnowed it. so that one's livestock can partake of it25Feeding one's livestock is considered equivalent to eating a snack. Note, however, Halachah 20 which could qualify this statement (Kessef Mishneh). and thus it is exempt from tithes.26Since the work to prepare it for human consumption has not been completed.The reason for this leniency is that according to Scriptural Law, there is no obligation to tithe until all the tasks associated with the produce are completed and it is brought within a home. Hence since only a Rabbinic prohibition is involved, there is room for leniency. One may then winnow a small portion of it after it has been brought into one's home.27I.e., he need not feed it to his livestock with its chaff. Moreover, he can perform this activity several times. Different laws apply with regard to humans. They may snack from such produce, but may not partake of a significant amount of it (Siftei Cohen 331:114). He is thus exempt from [the obligation to separate] terumah and tithes forever, since he has not begun to complete [the tasks necessary to prepare] the entire [harvest].
הלכה ז
הַגּוֹמֵר פֵּרוֹתָיו שֶׁל חֲבֵרוֹ שֶׁלֹּא מִדַּעְתּוֹ וְכֵן הַקּוֹבֵעַ פֵּרוֹתָיו בְּאֶחָד מִן הַשִּׁשָּׁה דְּבָרִים שֶׁקּוֹבְעִים לְמַעֲשֵׂר שֶׁלֹּא מִדַּעְתּוֹ הֲרֵי אֵלּוּ טָבְלוּ לְמַעֲשֵׂר:
כסף משנה
7.
When a person completes the task necessary to process a colleague's produce without his knowledge or he brings the produce to one of the six situations28I.e., those described in Halachah 3. In particular, the Radbaz asks questions concerning two of those situations: selling the produce and the commencement of the Sabbath. Seemingly, a sale cannot be made without the owner's consent and the Sabbath is not dependent on the other person's activity. The Radbaz explains that with regard to a sale, we are speaking about an instance where afterwards the owner consented to the sale. And with regard to the Sabbath, we are speaking about a situation where the other person completed the work associated with the produce before the Sabbath commenced. Thus when the Sabbath commenced, the produce was fit to be ready to be obligated in the tithes. that establish an obligation to tithe without [the owner's] knowledge, [this produce] incurs the obligation to be tithed.29For the produce has reached the stage when it is necessary to tithe it. This is not dependent on the owner's intent.הלכה ח
אֵי זֶהוּ גְּמַר מְלַאכְתָּן שֶׁל פֵּרוֹת. הַקִּשּׁוּאִין וְהַדִּילוּעִין וְהָאֲבַטִּיחִין מִשֶּׁיְּשַׁפְשֵׁף בְּיָדוֹ וְיָסִיר הַצִּהוּב שֶׁעֲלֵיהֶן כְּמוֹ שֵׂעָר דַּק. וְאִם אֵינוֹ מְשַׁפְשֵׁף מִשֶּׁיַּעֲמִיד עֲרֵמָה. וּבַאֲבַטִּיחַ מִשֶּׁיַּסְדִּיר אוֹתוֹ בְּמֻקְצֶה אֲבַטִּיחַ בְּצַד אֲבַטִּיחַ. הָיָה מְשַׁפְשֵׁף אַחַת אַחַת כֵּיוָן שֶׁגָּמַר כָּל צָרְכּוֹ נִגְמְרָה מְלַאכְתָּן. וְתוֹרְמִין קִשּׁוּאִין וְדִילוּעִין אַף עַל פִּי שֶׁלֹּא הֵסִיר הַצִּהוּב מֵעֲלֵיהֶן:
כסף משנה
8.
What is meant by completing the work associated with produce? For zucchini, squash, and watermelon, it is when one rubs them with his hands and removes the golden hairs upon them. If he does not rub them,30For there are those who do not make these preparatory steps, but rather sell the fruit as is. it is when he makes a pile. For a watermelon,31For it is not common to make a pile of watermelons. it is when he arranges them in a designated place, one watermelon next to another. If one rubs the fruit one by one, when he completed [rubbing] all that he needed, that [specific produce] is considered as if the tasks necessary to prepare it were completed.32And it alone must be tithed (Radbaz).The Radbaz and the Kessef Mishneh note that in Halachah 4, the Rambam states that as soon as he rubs the hair off one fruit or vegetable, the entire quantity is required to be tithed, while in this halachah, he states that only those he seeks to use immediately must be tithed. Among the resolutions they offer are:
a) in Halachah 4, the person's intent is to prepare the entire quantity of produce. Therefore, as soon as he begins, that entire quantity must be tithed. Here, he only desires to prepare a limited quantity. Hence, it is only the quantity that he actually prepares that must be tithed.
b) Halachah 4 speaks about an instance when he prepares them in his home, while this halachah speaks about preparing them in the field to bring home. We may separate terumah from zucchini and squash even though the hairs have not been removed from it.33I.e., this is allowed as an initial preference. The Radbaz explains that although the Rambam mentions only the separation of terumah, he also means the separation of the tithes, because it is unfeasible to think that terumah should be separated but not the tithes.
הלכה ט
הַיָּרָק הַנֶּאֱגָד מִשֶּׁיֶּאֱגֹד. אִם אֵינוֹ אוֹגֵד מִשֶּׁיְּמַלֵּא אֶת הַכְּלִי. [אִם] אֵינוֹ מְמַלֵּא הֲרֵי זֶה אוֹכֵל עַרְאַי עַד שֶׁיְּלַקֵּט כָּל צָרְכּוֹ:
כסף משנה
9.
For vegetables that are [sold while] bound together,34E.g., like garlic or onions that are woven together. it is when they are bound together. If the vegetables are not bound together, it is when the container is full. If he does not fill the container, he may snack from the produce until he gathers all that he needs.הלכה י
כַּלְכָּלָה מִשֶּׁיְּחַפֶּה הַפֵּרוֹת שֶׁבָּהּ בְּעָלִים וּבְהוּצִין וְכַיּוֹצֵא בָּהֶן. אִם אֵינוֹ מְחַפֶּה מִשֶּׁיְּמַלֵּא אֶת הַכְּלִי. אִם אֵינוֹ מְמַלֵּא עַד שֶׁיְּלַקֵּט כָּל צָרְכּוֹ:
כסף משנה
10.
For a basket [of produce], it is when the produce will be covered by leaves, straw, and the like.35From the Rambam's Commentary to the Mishnah (Ma'aserot 1:5), it appears that after reapers would gather fruit, they would cover it with leaves or straw to protect it from the sun. If he does not cover it, it is when the container is full. If he does not fill the container, it is when he gathers all that he needs.הלכה יא
כְּלִי גָּדוֹל שֶׁדַּעְתּוֹ לְמַלְּאוֹת אֶת חֶצְיוֹ כֵּיוָן שֶׁמִּלֵּא חֶצְיוֹ נִטְבַּל. הָיָה בְּדַעְתּוֹ לְמַלְּאוֹת אֶת כֻּלּוֹ אֵינוֹ נִטְבָּל עַד שֶׁיְּמַלֵּא אֶת כֻּלּוֹ. הָיוּ שְׁנַיִם וּבְדַעְתּוֹ לְמַלְּאוֹת אֶת שְׁנֵיהֶם לֹא נִטְבְּלוּ עַד שֶׁיְּמַלֵּא שְׁנֵיהֶם:
כסף משנה
11.
[When a person is gathering produce] in a large container, but he desires to fill only a portion of it, once he fills that portion, [the produce] must be tithed. If he intends to fill the entire container, [the produce is] not required to be tithed until he fills the entire container. If he has two containers and desires to fill both of them, [the produce is] not required to be tithed until he fills both of them.הלכה יב
אָגַד הַיָּרָק אֶגֶד גָּדוֹל בַּשָּׂדֶה אַף עַל פִּי שֶּׁבְּדַעְתּוֹ לְאָגְדוֹ אֲגֻדּוֹת קְטַנּוֹת לַשּׁוּק הֲרֵי זֶה נִטְבָּל. הַפֶּרֶד וְהַצִּמּוּקִין וְהֶחָרוּבִין מִשֶּׁיַּעֲמִיד עֲרֵמָה בְּרֹאשׁ גַּגּוֹ. וְהַבְּצָלִים מִשֶּׁיָּסִיר הֶעָלִים וְהַקְּלִפּוֹת שֶׁדַּרְכּוֹ לְהַשְׁלִיכָם מֵעֲלֵיהֶן. וְאִם אֵינוֹ מֵסִיר עַד שֶׁיַּעֲמִיד עֲרֵמָה:
כסף משנה
12.
When a person made a large weave of vegetables in the field, the obligation to tithe takes effect36For the work in the field associated with their preparation has been completed. even though he intended to [undo the larger weave and] make a smaller weave for the marketplace.Dried pomegranate seeds, raisins, and carobs, [become obligated to be tithed] when a person sets up a pile on top of his roof. Onions [become obligated] when one removes the leaves and shells that he would generally discard. If he does not remove them, [there is no obligation to tithe the onions], until one stores them in a pile.
הלכה יג
הַתְּבוּאָה מִשֶּׁיְּמַרֵחַ. וְאֵי זֶהוּ מְמָרֵחַ זֶה הַמְיַפֶּה פְּנֵי הַכְּרִי שֶׁל תְּבוּאָה בְּרַחַת בְּסוֹף כָּל דָּבָר כְּדֶרֶךְ שֶׁעוֹשִׂין כְּשֶׁגּוֹמְרִין כָּל מַעֲשֶׂיהָ. אִם אֵינוֹ מְמָרֵחַ עַד שֶׁיַּעֲמִיד עֲרֵמָה. הַקִּטְנִיּוֹת מִשֶּׁיִּכְבֹּר וְנוֹטֵל מִתַּחַת הַכְּבָרָה וְאוֹכֵל. [אִם] אֵינוֹ כּוֹבֵר עַד שֶׁיְּמַרֵחַ. וְאַף עַל פִּי שֶׁמֵּרֵחַ מֻתָּר לִטּל מִן הַקּוּטְעִים וּמִן הַצְּדָדִין וּמִמַּה שֶּׁבְּתוֹךְ הַתֶּבֶן וְאוֹכֵל:
כסף משנה
13.
Grain [becomes obligated] when one is mimareach it. What is meant by mimareach? When one straightens the surface of the grainheap with a pitchfork at the conclusion of the entire process, as one would do when he concludes all his work.37I.e., it is obvious that the person's intent is not to add other sheathes to the grain heap. Significantly, the Rambam's definition here is slightly different than the definition he gives in his Commentary to the Mishnah (Pe'ah 1:6). If a person is not mimareach, [the obligation takes effect], when he makes a pile.Legumes [become obligated] when one sifts them38For it is common for pebbles to become mixed together with legumes and the legumes are sifted to remove them. and takes them from under the sifter and partakes of them. If he does not sift them, [the obligation takes effect when] he is mimareach.
Even though he is mimareach, it is permitted to take from the scattered stalks,39Our translation is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 1:6). those on the side, and the kernels that are in the straw, and partake of them.40This is considered as a snack and hence, tithes are not required.
הלכה יד
הַיַּיִן מִשֶּׁיַּנִּיחֶנּוּ בֶּחָבִיּוֹת וְיִשְׁלֶה הַזַּגִּין וְהַחֲרְצָנִין מֵעַל פִּי הֶחָבִית. אֲבָל כְּשֶׁהוּא בְּתוֹךְ הַבּוֹר כְּשֶׁיַּגְבִּיהֶנּוּ לְהַעֲמִידוֹ בֶּחָבִית שׁוֹתָה עַרְאַי וְקוֹלֵט מִן הַגַּת הָעֶלְיוֹנָה וּמִן הַצִּנּוֹר וּמִכָּל מָקוֹם וְשׁוֹתֶה:
כסף משנה
14.
Wine [becomes obligated] when it is stored in a barrel and the peels and seeds are removed from the top of the barrel. When, however, it is in the vat and one takes out some to put it in a barrel, one may drink from it casually.41I.e., drink the equivalent of a snack. The Kessef Mishneh states that when one takes the wine before it reaches the storage vat, one may drink from it without tithing even though he removes the peels and seeds. Similarly, he may collect [wine] from the upper vat,42I.e., the place where the grapes were crushed to produce wine (ibid.:7). from a conduit, or from any place and drink it [without tithing].הלכה טו
הַשֶּׁמֶן מִשֶּׁיֵּרֵד לַעוּקָה אַף עַל פִּי שֶׁיָּרַד נוֹטֵל מִן הָעֵקֶל וּמִן הַמֶּמֶל וּמִבֵּין הַפַּסִּין וְנוֹתֵן לִקְעָרָה קְטַנָּה וּלְתַמְחוּי לְתוֹךְ הַתַּבְשִׁיל אַף עַל פִּי שֶׁהוּא חַם מִפְּנֵי שֶׁאֵינוֹ מִתְבַּשֵּׁל בִּכְלִי שֵׁנִי. וְאִם הָיָה חַם בְּיוֹתֵר כְּדֵי שֶׁיִּכְוֶה אֶת הַיָּד לֹא יִתֵּן לְתוֹכוֹ מִפְּנֵי שֶׁהוּא מִתְבַּשֵּׁל:
כסף משנה
15.
Oil [becomes obligated] when it descends to the vat.43The storage pit (ibid.). Even though it has descended, one may take from the rope basket,44In his Commentary to the Mishnah (ibid.), the Rambam explains that a basket was made of ropes and olives were placed within. Afterwards, they would press the olives in that basket. The translation of the two terms that follow are also from the same source. the stone [used to grind the olives], the boards or stones of the olive press. One may place [untithed] oil into cooked food in a small dish or a large pot even though [the food] is hot, because it will not cook in a secondary vessel.45The term "secondary vessel" refers to a utensil in which hot food was placed after it was removed from a fire. The Rambam is referring to the following difficulty. As stated in Halachah 3, subjecting produce to fire establishes an obligation to tithe. Thus as the Rambam states in Chapter 5, Halachah 16, if a person places oil into a pot that is on the fire or just removed from the fire, the obligation to tithe is established. In the instance described in our halachah, that is not the case, because food will not cook in a secondary vessel. If [the food] was very hot, so much so that one's hand would burn, he should not put [untithed oil] into it, because it will be cooked.46And an obligation to tithe will have been established. The Radbaz explains that this clause is not speaking about a secondary vessel, because a secondary vessel never cooks (Shabbat 40b). Alternatively, the laws of cooking are different with regard to the establishment of an obligation to tithe than with regard to the Sabbath laws or the laws of Kashrut. In this instance, when a secondary vessel is very hot, it can be considered as having cooked.הלכה טז
הָעִגּוּל שֶׁל דְּבֵלָה מִשֶּׁיַחְלִקֶּנּוּ. הַגְּרוֹגָרוֹת מִשֶּׁיָּדוּשׁ. וְאִם הִכְנִיסָם לִמְגוּרָה מִשֶּׁיַּעֲגִיל בְּיָדוֹ עַל פִּי הַמְּגוּרָה. הָיָה דָּשׁ הַגְּרוֹגָרוֹת בְּחָבִית אוֹ הָעִגּוּל עַל פִּי הַמְּגוּרָה [נִשְׁבְּרָה הֶחָבִית אוֹ שֶׁנִּפְתְּחָה הַמְּגוּרָה] הֲרֵי זֶה לֹא יֹאכַל עַד שֶׁיְּעַשֵּׂר:
כסף משנה
16.
A cake of dried figs [becomes obligated] when it is smoothed. Dried figs [become obligated] when they become crushed [into the container in which they will be stored].47Our translation is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 1:8). If they were placed in a storage container, [they become obligated] when one smoothes out the surface of the storage container by hand. If one was crushing dried figs into a jug or into a cake at the opening of a storage container and the jug becomes broken or the storage container is opened, he should not partake of [the figs] until they are tithed.הלכה יז
תְּאֵנִים וַעֲנָבִים שֶׁבַּמֻּקְצֶה מֻתָּר לֶאֱכל מֵהֶן עַרְאַי בִּמְקוֹמָן. אֲבָל אִם נָטַל מִן הַמֻּקְצֶה וְהוֹלִיךְ לְמָקוֹם אַחֵר לֹא יֹאכַל מֵהֶן עַרְאַי שֶׁהֲרֵי נִגְמְרָה מְלַאכְתָּן אַף עַל פִּי שֶׁלֹּא יָבְשׁוּ כָּל צָרְכָּן:
כסף משנה
17.
When figs and grapes have been set aside [to dry], it is permitted to snack from them in the place where they were set aside.48Since they have not been dried out, it is considered as if the tasks necessary to prepare them have not been completed. If, however, he took some from the place where they were set aside, he should not snack from them, because the tasks involved [in their preparation] have been completed, even though they have not dried out totally.49I.e., moving them causes it to be considered as if the tasks have been completed.הלכה יח
הֶחָרוּבִין עַד שֶׁלֹּא כִּנְּסָן לְרֹאשׁ הַגַּג מוֹרִיד מֵהֶן לִבְהֵמָה וּפָטוּר. מִפְּנֵי שֶׁהוּא מַחֲזִיר אֶת הַמּוֹתָר לְיַבְּשׁוֹ וְנִמְצָא מַאֲכִיל עַרְאַי:
כסף משנה
18.
Carobs [become obligated] when he collects them on top of the roof to dry.50Since he will ultimately do so, until he does so, the tasks associated with their preparation have not been completed. He may take some down [from the roof] for fodder for his livestock. He is exempt [from tithing],51Even though he has brought the produce into his courtyard. because he will put back what is left over. He is thus using it as fodder as a temporary measure.הלכה יט
מַעֲשֵׂר רִאשׁוֹן שֶׁהִקְדִּימוּ בְּשִׁבֳּלִים אָסוּר לֶאֱכל מִמֶּנּוּ עַרְאַי קֹדֶם שֶׁיַּפְרִישׁ תְּרוּמָתוֹ וְאִם אָכַל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. כֵּיצַד הִיא אֲכִילַת עַרְאַי. כְּגוֹן שֶׁהָיָה מְקַלֵּף שְׂעוֹרִים וְאוֹכֵל מְקַלֵּף אַחַת אַחַת. וְאִם קִלֵּף וְכָנַס לְתוֹךְ יָדוֹ חַיָּב לְעַשֵּׂר. הָיָה מוֹלֵל מְלִילוֹת שֶׁל חִטִּים מְנַפֶּה מִיָּד לְיָד וְאוֹכֵל. וְאִם נִפָּה לְתוֹךְ חֵיקוֹ חַיָּב לְעַשֵּׂר וְאֵין צָרִיךְ לוֹמַר אִם נִפָּה בִּכְלִי שֶׁאֵין זֶה עַרְאַי. וְכֵן נוֹטֵל מִן הַיַּיִן וְנוֹתֵן לִקְעָרָה לְתוֹךְ תַּבְשִׁיל צוֹנֵן וְאוֹכֵל. אֲבָל לֹא לְתוֹךְ הַקְּדֵרָה אַף עַל פִּי שֶׁהִיא צוֹנֶנֶת מִפְּנֵי שֶׁהִיא כְּבוֹר קָטָן. וְכֵן סוֹחֵט זֵיתִים עַל בְּשָׂרוֹ אֲבָל לֹא לְתוֹךְ יָדוֹ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
19.
When a person separated the first tithe while the produce was still in stalks,52Before it was threshed. it is forbidden to partake of it until terumat ma'aser is separated from it.53There is, however, no necessity to separate the great terumah. See Hilchot Terumot 3:13. If he partook of it, he is given stripes for rebellious conduct.54The punishment given for the violation of Rabbinical commandments or other transgressions that are not punishable by lashes according to Scriptural Law.What is meant by partaking of food as a snack? If a person was peeling barley kernels and eating them, he may peel them one by one.55Without having to tithe them. If he peeled several and held them in his hand, he is required to tithe them.56For this is considered as if he was partaking of the meal in a significant manner, not merely snacking. Alternatively, because this represents the conclusion of the tasks associated with preparing the grain. If he was crushing the shells of wheat kernels, he may sift the chaff from hand to hand and partake of them.57Even though he has brought the produce into his courtyard. If he sifted them into his bosom, he is required to tithe them.58Before it was threshed. Needless to say, if he sifted them with a utensil, [he is required to tithe them], for this is not a temporary measure.
Similarly, one may take wine and put it into a cold cooked dish in a bowl and partake of it. One may not, by contrast, put it into a pot59Which had been cooked on a fire. even if it was cold, because it is considered like a small cistern.60I.e., just as when wine is placed in a cistern, the work involved in its preparation is considered to have been completed, so too, when it is placed in a cooked dish, the work involved in its preparation is considered to be finished. Similarly, one may squeeze olives onto his skin [without tithing],61Applying oil is considered equivalent to eating (Chapter 13, Halachah 16). Nevertheless, such an application is considered as equivalent to merely partaking of a snack. but not into his hand. Similar laws apply in all analogous situations.
הלכה כ
וּכְשֵׁם שֶׁמֻּתָּר לֶאֱכל עַרְאַי מִפֵּרוֹת שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן כָּךְ מֻתָּר לְהַאֲכִיל מֵהֶן לְחַיָּה וְלִבְהֵמָה וְלָעוֹפוֹת כָּל מַה שֶּׁיִּרְצֶה וּמַפְקִיר מֵהֶן כָּל מַה שֶּׁיִּרְצֶה קֹדֶם שֶׁיְּעַשֵּׂר. וְאִם גָּמְרוּ אַף עַל פִּי שֶׁלֹּא נִקְבְּעוּ לְמַעֲשֵׂר לֹא יַפְקִיר. וְלֹא יַאֲכִיל לִבְהֵמָה וּלְחַיָּה וּלְעוֹפוֹת אֲכִילַת קֶבַע עַד שֶׁיְּעַשֵּׂר. וּמֻתָּר לְהַאֲכִיל לִבְהֵמָה עַרְאַי מִן הַטֶּבֶל וַאֲפִלּוּ בְּתוֹךְ הַבַּיִת. וּמַאֲכִיל פְּקִיעֵי עָמִיר עַד שֶׁיַּעֲשֵׂם חֲבִילוֹת:
כסף משנה
20.
Just as it is permitted to partake of produce as a snack when the work [involved in its preparation] has not been completed,62See Halachah 1. so too, it is permitted to feed such produce to animals, livestock, and fowl as one desires. Similarly, one may declare as much of this produce ownerless as he desires.63I.e., giving them a large amount, not merely a snack.If he completed those tasks, even when the obligation to tithe was not established,64E.g., he intended to bring the produce home and hence, the obligation to tithe is not established until he does so. he may not declare the produce ownerless, nor may he feed it to livestock, animals, and fowl in a significant manner until he tithes it. It is permitted to feed an animal tevel in an insignificant manner, even in one's home.65The Ra'avad questions this ruling based on the Jerusalem Talmud (Ma'aserot 1:6) which quotes Rabbi Shimon ben Elazar as stating that once produce is brought into a person's courtyard (i.e., his residence), it cannot be fed to an animal without tithing. The Radbaz explains that according to the Rambam, our Sages differ with Rabbi Shimon ben Elazar on this point and do not require tithing. The rationale is that since the entire obligation to tithe animal fodder is Rabbinic in origin, this obligation was instituted only when the animal was fed a significant amount. One can feed [an animal] rolls of chilba66Our translation is based on the Rambam LeAm. Generally, amir is translated as "straw." In this instance, we have facored this translation, because straw is not found for humans. until one bundles them as packages.67For this represents the completion of the tasks associated with the preparation of this produce. Although chilba is occasionally used as food for humans, it is primarily considered as animal fodder.
הלכה כא
הַמּוֹצֵא קְצִיצוֹת בַּדֶּרֶךְ אֲפִלּוּ בְּצַד שְׂדֵה קְצִיצוֹת הֲרֵי אֵלּוּ פְּטוּרִין מִן הַמַּעֲשֵׂר. מָצָא גְּרוֹגָרוֹת אִם דָּרְסוּ רֹב הַגְּרוֹגָרוֹת רֹב הָאָדָם חַיָּב לְעַשֵּׂר. שֶׁחֶזְקָתָן מִדָּבָר שֶׁנִּגְמְרָה מְלַאכְתָּן. וְכֵן אִם מָצָא פִּלְחֵי דְּבֵלָה שֶׁיָּדוּעַ שֶׁהֵם מִדָּבָר הַגָּמוּר:
כסף משנה
21.
When a person discovers fruits68Our translation is based on the Rambam's Commentary to the Mishnah (Ma'aserot 3:4). There he explains that the term ketzitzot refers to "individual fruits that have been detached from any species of fruit." Often, the term is used to refer to fresh figs. on the road - even if he finds them next to an orchard of that fruit - they are exempt from the tithes.69For we assume that the owners despaired of their return when the fruit fell outside their property. This is considered equivalent to declaring them ownerless. When produce was declared ownerless before the work involved in its preparation was concluded, there is no obligation to tithe. When one found dried figs, if most people already crushed their dried figs [into larger masses], he is obligated to tithe [what he found], for we assume that it came from produce for which the work involved in its preparation was completed. Similarly, if he found broken pieces of cakes of dried figs, it should be considered as if they came from produce for which the work involved in its preparation was completed.הלכה כב
מָצָא כְּרִיכוֹת בִּרְשׁוּת הַיָּחִיד חַיָּב לְעַשֵּׂר. בִּרְשׁוּת הָרַבִּים פְּטוּרוֹת. וְהָאֲלֻמּוֹת בְּכָל מָקוֹם חַיָּבוֹת בְּמַעֲשֵׂר. מָצָא תְּבוּאָה מְרוּחָה עוֹשֶׂה תְּרוּמוֹת וּמַעַשְׂרוֹת עַל פֵּרוֹת אֲחֵרוֹת וְאֵינוֹ חוֹשֵׁשׁ. מָצָא כַּלְכָּלָה מְחֻפָּה חַיֶּבֶת בְּמַעַשְׂרוֹת. מָצָא כַּלְכָּלָה בְּמָקוֹם שֶׁהָרֹב מַכְנִיסִין לַשּׁוּק אָסוּר לֶאֱכל מִמֶּנָּה עַרְאַי וּמְתַקְּנָהּ דְּמַאי. וּבְמָקוֹם שֶׁהָרֹב מַכְנִיסִין לַבָּתִּים אוֹכֵל מִמֶּנָּה עַרְאַי וּמְתַקְּנָהּ וַדַּאי. מֶחֱצָה לְמֶחֱצָה דְּמַאי. וְאִם הִכְנִיסָהּ לַבַּיִת מְתַקְּנָהּ וַדַּאי. בַּמֶּה דְּבָרִים אֲמוּרִים בְּדָבָר שֶׁאֵין לוֹ גְּמַר מְלָאכָה. אֲבָל בְּדָבָר שֶׁיֵּשׁ לוֹ גְּמַר מְלָאכָה אַף עַל פִּי שֶׁהוּא מַעֲשֵׂר וַדַּאי אֵינוֹ צָרִיךְ לְהַפְרִישׁ תְּרוּמָה. שֶׁחֶזְקָתָן שֶׁהִפְרִישׁ מֵהֶן תְּרוּמָה בְּשָׁעָה שֶׁנִּגְמְרָה מְלַאכְתָּן:
כסף משנה
22.
When a person finds sheaves of wheat in a private domain, he is obligated to tithe them.70Taking those sheaves is considered as theft and forbidden (see Hilchot Gezeilah ViAvedah 15:8-10), because the owners will not despair of their recovery. Hence, they are not considered as ownerless and must be tithed. See also Hilchot Terumot 4:11. [If he finds them] in the public domain, they are exempt.71Since the owner will have no way of retrieving them, he relinquishes his ownership. And since they were ownerless, there is no obligation to tithe them. Larger sheaves are required to be tithed wherever they are found.72Because of their size, they are not considered ownerless even in the public domain.If one finds [bundles of] grain that have been straightened,73Straightening the surface of the bundle causes the obligation to tithe to be established with regard to it, as stated in Halachah 13. Hence, even if the owner despairs of the recovery of the grain, since the obligation to tithe was established before the produce became ownerless, it is not rescinded. one may separate them as terumah74Based on the Jerusalem Talmud (Ma'aserot 3:3), we must assume the intent is terumat ma'aser, for once grain has been moved from its original grainheap, we assume that terumah was separated. and tithes for other produce.75Although it is forbidden to use produce to separate tithes and terumat ma'aser if these separations have already been made from it, we are not concerned that perhaps that has happened as the Rambam continues to explain. One need not be concerned [that the owners separated tithes for this produce already].76Even though tithes are required to be separated from it, we assume that the owner would not tithe produce until he brought it to his home.
[If one finds a] basket [of fruit] that is covered, 77See Halachah 9. As stated there, covering the fruit establishes the obligation to tithe. he is required to tithe it.78Here also, once the obligation to tithe has been established, it is not rescinded if the fruit becomes ownerless. If he finds a basket [of fruit] in a place where most people take it to the marketplace, he is forbidden to snack from it79See Halachah 2. and he should make the appropriate separations as if it were demai.80We are uncertain whether or not the owner separated the tithes from it, but we are certain that he separated terumah, as explained in Chapter 9. [In a place where] most people bring it home, he may snack from it and he must certainly make the appropriate separations.81Since there is no obligation to separate terumah and the tithes until the produce is brought home, we assume that none of the separations were made. If half [bring home] and half [bring to the marketplace], it is considered as demai.82In this instance, however, he must also separate terumah lest it not have been separated beforehand. If he brings it home, he must certainly make the appropriate separations.
When does the above apply? With regard to a type of produce that does not have a specific phase at which the tasks associated with its preparation are completed. If, however, the produce does have a phase when the tasks associated with its preparation are completed, even though he must certainly separate tithes, he does not have to separate terumah. For we can assume that terumah was separated when those tasks were completed.
הלכה כג
חַדְרֵי הַנְּמָלִים שֶׁלָּנוּ בְּצַד הָעֲרֵמָה הַחַיֶּבֶת הֲרֵי הַנִּמְצָא בָּהֶן חַיָּב לְמַעַשְׂרוֹת שֶׁיָּדוּעַ שֶׁמִּדָּבָר גָּמוּר הָיוּ גּוֹרְרִין כָּל הַלַּיְלָה:
כסף משנה
23.
When there are ant holes that existed overnight next to a pile of grain that is required to be tithed, the kernels found there are required to be tithed. For it is obvious that the ants have been taking from produce that was completely prepared throughout the night.הלכה כד
הַמּוֹצֵא זֵיתִים תַּחַת הַזַּיִת וְחָרוּבִין תַּחַת הֶחָרוּב חַיָּבִין בְּמַעֲשֵׂר שֶׁחֶזְקָתָן שֶׁמֵּאִילָן זֶה נָפְלוּ. מָצָא תְּאֵנִים תַּחַת הַתְּאֵנָה הֲרֵי הֵם סָפֵק שֶׁהֲרֵי מִשְׁתַּנּוֹת וּמִתְלַכְלְכוֹת בֶּעָפָר שֶׁמָּא מִתְּאֵנָה זוֹ נָפְלוּ אוֹ מִתְּאֵנִים שֶׁנִּתְעַשְּׂרוּ:
כסף משנה
24.
When a person finds olives under an olive tree or carobs under a carob tree,83The Radbaz states that this applies not only to olives and carobs, but to any fruit that is recognizable as coming from the tree under which it is found. he is required to tithe them, for we assume that they fell from this tree.84Based on Bava Metzia 21b, it appears that we are speaking about olives and carobs that resemble the olives and carobs on the trees. Hence, we assume that they fell from the tree and have not yet been tithed. See also the Rambam's Commentary to the Mishnah (Ma'aserot 3:4). Since the fruit has fallen under the tree and can be recognized as coming from the tree, the owner does not consider them ownerless and taking them is considered as theft. If he found figs under a fig tree, there is a doubt whether they fell from this tree or from figs that are already tithed, because their appearance changes and they become soiled with the dust.85Thus unlike the olives and carobs mentioned above, it cannot be determined whether they fell from the tree under which they were found. Hence, the owner despairs of their recovery. It is not forbidden to take the fruit and there is no obligation to tithe it. It is, however, necessary to tithe it as one tithes demai (ibid.).הלכה כה
הַמַּקְדִּישׁ פֵּרוֹת תְּלוּשִׁין וּפְדָאָן קֹדֶם שֶׁתִּגָּמֵר מְלַאכְתָּן חַיָּב לְעַשֵּׂר. וְאִם נִגְמְרָה מְלַאכְתָּן בְּיַד הַהֶקְדֵּשׁ וְאַחַר כָּךְ פְּדָאָן פְּטוּרִין מִן הַמַּעַשְׂרוֹת שֶׁבִּשְׁעַת חוֹבָתָן הָיוּ פְּטוּרִין מִן הַמַּעַשְׂרוֹת. הַמַּקְדִּישׁ קָמָה לִמְנָחוֹת פְּטוּרָה מִן הַמַּעַשְׂרוֹת:
כסף משנה