Halacha
הלכה א
הַלוֹקֵחַ פֵּרוֹת תְּלוּשִׁין לְאָכְלָן נִקְבְּעוּ לְמַעֲשֵׂר מִדִּבְרֵיהֶם כְּמוֹ שֶׁבֵּאַרְנוּ. וּמֵאֵימָתַי יִקָבְעוּ. מִשֶּׁיִּתֵּן אֶת הַדָּמִים אַף עַל פִּי שֶׁלֹּא מָשַׁךְ. הֲרֵי שֶׁלֹּא נָתַן דָּמִים וְהָיָה בּוֹרֵר וּמַנִּיחַ בּוֹרֵר וּמַנִּיחַ אֲפִלּוּ כָּל הַיּוֹם כֻּלּוֹ וְאַף עַל פִּי שֶׁגָּמַר בְּלִבּוֹ לִקַּח לֹא נִתְחַיֵּב לְעַשֵּׂר. וְאִם הָיָה יְרֵא שָׁמַיִם מִשֶּׁגָּמַר בְּלִבּוֹ מְעַשֵּׂר וְאַחַר כָּךְ יַחֲזִיר לַמּוֹכֵר אִם רָצָה לְהַחֲזִיר:
כסף משנה
1.
When a person purchases detached produce to partake of it, he is obligated to tithe it according to Rabbinic decree as we explained.1See Chapter 2, Halachot 1-2 which explain that according to Scriptural Law, one is obligated to tithe produce only when he harvests it for his own personal use. Similarly, one who purchases produce is not liable to tithe it according to Scriptural Law.As indicated by the following halachah, this applies when the purchaser bought the produce to partake of it. If he purchased it as merchandise, the obligation to tithe does not take effect until one purchases it with the intent of partaking of it.
When is the obligation [to tithe] established? When [the purchaser] pays [for the produce], even if he has not drawn it [into his domain].2With regard to the laws of acquisition, according to Scriptural Law, the payment of money brings about a kinyan, the transfer of an object from one person's domain to another. Nevertheless, our Sages decreed that such a transfer should be brought about by drawing the object to be acquired out of the seller's domain (meshichah; see Hilchot Mechirah 3:5). Nevertheless, with regard to the obligation to tithe, they did not alter the Scriptural Law. If [a potential purchaser] was selecting and setting aside, selecting and setting aside, even if he did so the entire day and even if he made up his mind to purchase the produce,3For making up his mind does not establish a binding obligation. he is not obligated to tithe it. If he is a God-fearing person, from the time he made up his mind, he should tithe it.4For a Torah sage should go beyond the letter of the law and accept financial responsibilities that are not mandated by Torah Law. See Hilchot De'ot, the conclusion of ch. 5. Afterwards, if he desires to return it to the seller, he may return it.5The Radbaz and the Kessef Mishneh emphasize that he should not return the produce unless the seller agrees. Nevertheless, even if the seller agrees to accept the produce, the purchaser must make restitution from his own produce or funds for the produce that he tithed.
הלכה ב
הַלּוֹקֵחַ בִּמְחֻבָּר לַקַּרְקַע אוֹ שֶׁלָּקַח תָּלוּשׁ לִשְׁלֹחַ לַחֲבֵרוֹ לֹא נִקְבְּעוּ וְיֵשׁ לוֹ לֶאֱכל מֵהֶן עַרְאַי:
כסף משנה
2.
When a person purchases produce that is attached to the ground or purchases detached produce6This applies even if the work necessary to prepare it has been completed. to send to a colleague, [an obligation to tithe] is not established and he may snack from them.7Although our Sages required one who purchases produce to tithe it, they instituted this obligation only when one intended to partake of it himself, just as the Scriptural obligation to tithe applies only for a person who harvests produce to partake of it himself (Siftei Cohen 331:119).הלכה ג
הָאוֹמֵר לַחֲבֵרוֹ הֵא לְךָ אִיסָר זֶה וְתֵן לִי בּוֹ חֲמֵשׁ תְּאֵנִים הֲרֵי זֶה אוֹכֵל אַחַת אַחַת וּפָטוּר. וְאִם צֵרֵף חַיָּב לְעַשֵּׂר. הֵא לְךָ אִיסָר זֶה בְּעֶשְׂרִים תְּאֵנִים שֶׁאָבֹר לִי. בּוֹרֵר אַחַת אַחַת וְאוֹכֵל. בְּאֶשְׁכּוֹל שֶׁאָבֹר לִי מְגַרְגֵּר מִמֶּנּוּ בָּאִילָן וְאוֹכֵל. בְּרִמֹּן שֶׁאָבֹר לִי פּוֹרְטוֹ בָּאִילָן וְאוֹכֵל. בַּאֲבַטִּיחַ שֶׁאָבֹר לִי כּוֹפֵת בַּקַּרְקַע וְאוֹכֵל. וְאִם קָצַץ אֶת הַתְּאֵנִים וְצֵרְפָם. אוֹ שֶׁקִּצֵּץ הָאֶשְׁכּוֹל אוֹ הָאֲבַטִּיחַ. חַיָּב לְעַשֵּׂר שֶׁהֲרֵי לֹא קָנָה אֶלָּא הַנִּתְלָשׁ. אֲבָל אִם אָמַר לוֹ הֵא לְךָ אִיסָר בִּשְׁתֵּי תְּאֵנִים אֵלּוּ בִּשְׁנֵי אֶשְׁכּוֹלוֹת אֵלּוּ בִּשְׁנֵי רִמּוֹנִים אֵלּוּ בִּשְׁנֵי אֲבַטִּיחִים אֵלּוּ קוֹצֵץ כְּדַרְכּוֹ וְאוֹכֵל עַרְאַי וּפָטוּר שֶׁלֹּא נִקְבְּעוּ בְּמִקָּח שֶׁהֲרֵי לְקָחָן בִּמְחֻבָּר:
כסף משנה
3.
When a person tells a colleague: "Here is an isar8A coin used in the Talmudic era of moderate value. and give me five figs for it," he may eat them one by one and he is exempt [from the obligation to tithe]. If [the seller] gathers them together, he is obligated to tithe them.[If he says:] "Here is an isar for 20 figs that I will select,"9His wording implies that he acquires them after he selects them and picks them from the tree, for the terms of purchase state that he would "select it," i.e., detach it. he may select them one by one and eat them.10Without tithing. "...For a cluster of grapes that I will select," he may pick them individually from the tree and partake of them. "...For a pomegranate that I will select," he may remove the seeds while on the tree and partake of them. "...For a watermelon that I will select," he may bend it over to the ground and partake of it.
If he cut off the figs and gathered them together or cut off the cluster of grapes or the watermelon, he is obligated to tithe, because he purchased the produce in its detached state.11I.e., though it was attached when he negotiated the deal, the purchase takes effect after he detaches it. Hence, he is obligated to tithe the produce, because a sale is one of the factors that establish such an obligation [the Rambam's Commentary to the Mishnah (Ma'aserot 2:6)]. If, however, he told him: "Here is an isar for these 20 figs," "...for these two12The Radbaz questions why the Rambam mentions two clusters of figs. The same laws would apply if only one cluster was involved. He explains that since it is not common for people to purchase a large amount of produce while it is still attached to the ground, it is important to emphasize that this law applies even when he purchases a large amount. clusters of grapes," "...for these two pomegranates," or "...for these two watermelons," he may harvest the produce in an ordinary manner and snack on it," for the obligation to tithe was not established, for he purchased the produce while it was attached.13And a sale of attached produce does not convey an obligation to tithe.
הלכה ד
הַמַּחֲלִיף עִם חֲבֵרוֹ זֶה לֶאֱכל וְזֶה לֶאֱכל שְׁנֵיהֶן נִקְבְּעוּ לְמַעַשְׂרוֹת שֶׁהֲרֵי לָקְחוּ בְּתָלוּשׁ. זֶה לִקְצוֹת וְזֶה לִקְצוֹת שְׁנֵיהֶן לֹא נִקְבְּעוּ שֶׁאֵין הַמֶּכֶר קוֹבֵעַ דָּבָר שֶׁלֹּא נִגְמְרָה מְלַאכְתּוֹ כְּמוֹ שֶׁבֵּאַרְנוּ. לָקַח הָאֶחָד פֵּרוֹת שֶׁהֶחֱלִיף לַאֲכִילָה וְלָקַח הָאַחֵר חֲלִיפֵיהֶן לְהַקְצוֹתָן. זֶה שֶׁלָּקַח לַאֲכִילָה חַיָּב לְעַשֵּׂר. וְזֶה שֶׁלָּקַח לְהַקְצוֹתָן לֹא נִקְבַּע לַמַּעֲשֵׂר:
כסף משנה
4.
When a person exchanges [produce]14As stated in Hilchot Mechirah 5:1, an exchange is considered as equivalent to a sale. with a colleague and each have the intent of eating, an obligation has been established to tithe both lots of produce, for they have been purchased while detached.15Hence it is forbidden even to snack from them. [If they are exchanged while attached, with] each one having to reap the other's crops, an obligation has not been established for either of them, for a sale does not establish an obligation [to tithe] unless the work associated with its preparation is completed as we explained.16Chapter 3, Halachah 3.If one purchased produce to eat17I.e., detached produce. in an exchange and the other purchased produce to reap in the same exchange, the one who purchased produce to eat is obligated to tithe, while the obligation to tithe has not been established for the one who purchased produce to reap.
הלכה ה
הָאוֹמֵר לַחֲבֵרוֹ צֵא וְלַקֵּט לְךָ עֶשְׂרִים תְּאֵנִים מִשֶּׁלִּי וַאֲנִי אֲמַלֵּא אֶת כְּרֵסִי מִשֶּׁלְּךָ שְׁנֵיהֶם פְּטוּרִים שֶׁאֵין זֶה חֲלִיפִין כְּדֵי שֶׁיִּהְיֶה מֶכֶר. וְאִם צֵרֵף וְאָכַל חַיָּב:
כסף משנה
5.
When a person tells a colleague: "Go out and gather 20 figs of mine for yourself18I.e., the produce is on the trees and it does not become the other person's until he picks it. and I will fill my gut with your produce," both are exempt.19The Ra'avad differs with the Rambam and maintains that the person who partakes of a particular number of figs is obligated to tithe them. The Radbaz and the Kessef Mishneh justify the Rambam's ruling. This is not considered as an exchange that is comparable to a sale.20Instead, it is considered as if each person gave the other a present. If he gathers [the produce] together and partakes of it, he is liable.21For partaking of untithed produce.הלכה ו
וְהַמַּתָּנָה אֵינָהּ קוֹבַעַת כְּמֶכֶר. עַם הָאָרֶץ שֶׁהָיָה עוֹבֵר בַּשּׁוּק וְאָמַר טְלוּ לָכֶם תְּאֵנִים אוֹכְלִים וּפְטוּרִין שֶׁאֵין הַמַּתָּנָה קוֹבַעַת. וְאִם הִכְנִיסוּ לְבָתֵּיהֶן אִם רֹב הָעָם מַכְנִיסִים לַבָּתִּים מְעַשְּׂרִים וַדַּאי. וְאִם רֹב הָעָם מַכְנִיסִים לַשּׁוּק אֵין מְתַקְּנִים אֶלָּא דְּמַאי שֶׁמָּא עִשֵּׂר וְאַחַר כָּךְ הֵבִיא לַשּׁוּק. וְאִם אָמַר טְלוּ לָכֶם וְהַכְנִיסוּ לַבָּתִּים כְּשֶׁמַּכְנִיס לַבַּיִת מְעַשֵּׂר דְּמַאי. נָתַן לוֹ דָּבָר מְרֻבֶּה אֲפִלּוּ אָמַר לוֹ טֹל וֶאֱכל הֲרֵי זֶה כְּמִי שֶׁאָמַר לוֹ טֹל וְהַכְנֵס שֶׁאֵינוֹ אוֹכֵל עַד שֶׁיְּתַקֵּן דְּמַאי. וְכֵן אִם נָתַן לוֹ דָּבָר שֶׁאֵין דַּרְכּוֹ לְהֵאָכֵל חַי אוֹ שֶׁהָיָה אָדָם גָּדוֹל שֶׁאֵין דַּרְכּוֹ לֶאֱכל בַּשּׁוּק הֲרֵי זֶה מְתַקֵּן דְּמַאי:
כסף משנה
6.
[Giving produce as] a present does not establish an obligation to tithe as a sale does.22There are certain dimensions of Jewish business law in which a present is considered as a sale and others in which it is not (see Hilchot Gezeilah 9:13; Hilchot Mechirah 29:14). The Jerusalem Talmud (Ma'aserot 2:1) states that even those authorities who maintain that giving a present should be considered as a sale (see Hilchot Shemitah VeYoval 11:19) agree that this stringency should not be enforced in the present age, because in the present age, the obligation to tithe is of Rabbinic origin. The Rambam mentions this leniency without differentiating between the era when the obligation to tithe was Scriptural and the present age, because he maintains that the entire obligation to tithe produce obtained through purchase is of Rabbinic origin. When a common person23Who is not necessarily relied upon with regard to tithes. is passing through the marketplace and saying: "Take figs,"24As presents [the Rambam's Commentary to the Mishnah (Ma'aserot 2:1)]. one may partake of them25As a snack. and one is exempt [from the obligation to tithe], for a present does not establish such an obligation.26For we assume that the produce has not been taken home and thus has not incurred the obligation to be tithed. Hence, one is permitted to snack from it without tithing (ibid.).[Different rules apply when the recipients] brings the produce home. If the majority of the people [who harvest] bring their produce home [before taking it to the marketplace], one must certainly separate the tithes.27Since the common person passed through the marketplace and did not stand there to sell his produce, we assume that he is one of those who brings his produce home. Furthermore, we proceed on the assumption that he has not taken the produce home yet and thus it never incurred the obligation to be tithed. Therefore when the recipients take it home, it incurs that obligation for the first time. Indeed, they must separate not only the tithes, but also terumah. If most of the people take the produce directly to the market place, he should only make the separations28These separations must be made, for in such a situation, the produce incurs the obligation to be tithed after the work associated with its preparation was completed (see Chapter 3, Halachah 1). as one does for demai,29As will be explained in Chapter 9, in the Second Temple period, the common people became somewhat lax with regard to the mitzvah of separating tithes. When they became aware of this situation, the Sages ordained that one should not partake of produce from a common person without tithing it, for perhaps he did not do so. One should not, however, recite a blessing, for it is possible that it was tithed. Similarly in this instance, it is possible that the common person tithed his produce, but it is possible that he did not. for perhaps he tithed it and then brought it to the marketplace.
If [the common person] said: "Take them and bring them to your homes,"30I.e., he is assuring the recipients that they may take the produce home without qualms because it has already been tithed [the Rambam's Commentary to the Mishnah (loc. cit.)]. when one takes them home, he must tithe them as one tithes demai.31For we do not accept the common person's word (ibid.). If [the common person] gave him a large amount of produce - even if he told him: "Take it and eat it,"32Which could be interpreted as assurance that the produce had not been taken home by the common person and thus it has not yet been tithed. - it is as if he told him, "Take it and bring it home."33Because a large amount of produce will certainly not be eaten in the marketplace. We do not rely on the common person's assurance that he tithed it or that he will tithe it in the future. He may not partake of it until he makes the separations as one does for demai.34For we are unsure of whether or not it was tithed or not. The same concepts apply with regard to the instances mentioned in the later clauses. Similarly, if he gave him produce that is not usually eaten uncooked or the recipient was a person of stature who would not ordinarily eat in the marketplace, he should make the separations as one does for demai.
הלכה ז
הָיוּ שְׁנַיִם אָמַר לְאֶחָד טֹל וֶאֱכל וְאָמַר לְשֵׁנִי טֹל וְהַכְנֵס זֶה אוֹכֵל וּפָטוּר וְזֶה אוֹכֵל וְחַיָּב:
כסף משנה
7.
If there were two [prospective recipients] and [the common person] said to one: "Take it and partake of it [here in the marketplace]," and he told the other: "Take it and bring it home," the first may partake of it and be exempt [from the obligation to tithe],35As in the first clause of the previous halachah. while the second is obligated if he eats.36As in the later clause. The fact that his statements are self-contradictory is not a matter of concern, for the obligation to tithe is Rabbinic in origin and our Sages established their rules as general guidelines to be applied even if some ramifications are difficult to understand (Aruch HaShulchan).הלכה ח
וְכֵן אֲנָשִׁים שֶׁהָיוּ יוֹשְׁבִים בַּשַּׁעַר אוֹ בַּחֲנוּת וְאָמַר לָהֶם טְלוּ וְאִכְלוּ הֲרֵי אֵלּוּ אוֹכְלִין וּפְטוּרִין. וּבַעַל הַשַּׁעַר אוֹ בַּעַל הַחֲנוּת לֹא יֹאכַל עַד שֶׁיְּעַשְּׂרוּ דְּמַאי. שֶׁנִּמְצָא כְּאוֹמֵר לְאֵלּוּ טְלוּ וְהַכְנִיסוּ לְבָתֵּיכֶם שֶׁהֲרֵי הֵם כְּבָתֵּיהֶם. וּכְבָר בֵּאַרְנוּ שֶׁאֵין הַבַּיִת שֶׁאֵינוֹ שֶׁלּוֹ קוֹבֵעַ לוֹ כְּשֶׁיַּעַבְרוּ הַפֵּרוֹת בְּתוֹכוֹ:
כסף משנה
8.
Similarly,37I.e., here to, the above principles produce seemingly contradictory rulings. if there were people sitting at the gate [of a courtyard] or in a store and [the common person] told them: "Take [this produce] and partake of it," they may partake of it38As a snack. They may not eat a significant meal. and are exempt [from the obligation to tithe].39Even if it is brought within the gate or the store. The owner of the gate or the owner of the store may not partake of it until he makes the separations as one does for demai. For it is as if [the common person] told these people: "Take it and bring it home," for [these places] are considered like their homes.40For they are located there on a consistent basis [the Rambam's Commentary to the Mishnah (Ma'aserot 2:2)]. As we already explained,41Chapter 4, Halachah 11. As the Ra'avad notes, the Rambam's decision here appears somewhat contradictory to his ruling there. See the notes to that halachah. having produce pass through a house that is not one's own does not establish [an obligation to tithe].42And thus, the other people in the store or gate are not obligated to tithe.הלכה ט
הַשּׂוֹכֵר אֶת הַפּוֹעֲלִים לַעֲשׂוֹת עִמּוֹ בְּפֵרוֹת בֵּין בִּתְלוּשִׁין בֵּין בִּמְחֻבָּרִין הוֹאִיל וְיֵשׁ לָהֶם לֶאֱכל מִן הַתּוֹרָה בְּמַה שֶּׁהֵן עוֹשִׂין הֲרֵי אֵלּוּ אוֹכְלִין וּפְטוּרִים מִן הַמַּעֲשֵׂר. וְאִם הִתְנָה עִמָּהֶן שֶׁיֹּאכְלוּ מַה שֶּׁלֹּא זָכְתָה לָהֶן תּוֹרָה כְּגוֹן שֶׁהִתְנָה עִמָּהֶן הַפּוֹעֵל שֶׁיֹּאכְלוּ בָּנָיו עִמּוֹ אוֹ שֶׁיֹּאכַל בְּנוֹ בִּשְׂכָרוֹ אוֹ שֶׁיֹּאכַל אַחַר גְּמַר מְלַאכְתּוֹ בְּתָלוּשׁ הֲרֵי זֶה אָסוּר לֶאֱכל עַד שֶׁיְּעַשֵּׂר הוֹאִיל וְאוֹכֵל מִפְּנֵי הַתְּנַאי הֲרֵי זֶה כְּלוֹקֵחַ:
כסף משנה
9.
[The following rules apply when one] hires workers to perform work with him concerning produce, whether produce that has been detached or that which is attached. Since [the workers] have the right to partake of the produce with which they are working according to Scriptural Law,43See Hilchot Sechirut, ch. 12, based on Deuteronomy 23:25-26, which describes a worker's right to partake of the produce with which he is working. they may partake of it and are exempt from tithing.44Because the worker does not acquire the produce that he eats. Instead, he is eating because of the Torah's license. Hence, he is not required to separate tithes (Siftei Cohen 331:123).[Different rules apply if the employer] agreed to a condition that allowed them to partake of produce to which the Torah did not entitle them, e.g., the worker stipulated that his son could partake of the produce with him, his son could partake of the produce as payment of his wages, or that he would be able to [continue] partaking of the produce which was harvested after the work [involved in its preparation] was completed, he is forbidden to partake of the produce until he tithes it. [The rationale is that] since he is partaking of the produce because of the condition, he is like a purchaser.45Who must tithe his produce as stated above.
הלכה י
שְׂכָרוֹ לְנַכֵּשׁ עִמּוֹ בְּזֵיתִים וְהִתְנָה הַפּוֹעֵל שֶׁיֹּאכַל בְּזֵיתִים הֲרֵי זֶה אוֹכֵל מִן הָאִילָן אַחַת אַחַת וּפָטוּר וְאִם צֵרֵף חַיָּב:
כסף משנה
10.
If [an employer] hired [a worker] to hoe around olive trees46To remove weeds so that the tree will grow better. In such an instance, he is not entitled to partake of the olives according to Scriptural Law, because his work does not involve the produce itself. See the Rambam's Commentary to the Mishnah (Ma'aserot 3:3). and the worker stipulated that he could partake of the olives, he may eat them one by one from the tree and he is exempt [from the obligation to tithe].47As In Chapter 4, Halachah 15, et al. For in this manner, the work associated with the olives is not completed. If he gathers them together, he is obligated.48Because collecting even a small number of them would be considered as the completion of a task. He is obligated to tithe, because since he is eating due to the stipulation, it is considered as a purchase.הלכה יא
שְׂכָרוֹ לְנַכֵּשׁ בִּבְצָלִים וְהִתְנָה לֶאֱכל יָרָק מְקַרְסֵם עָלֶה עָלֶה וְאוֹכֵל וְאִם צֵרֵף חַיָּב. קָצַץ הַפּוֹעֵל שֶׁיֹּאכַל לִיטְרָא שֶׁל זֵיתִים אוֹכֵל אַחַת אַחַת וְאִם צֵרֵף חַיָּב לְעַשֵּׂר הוֹאִיל וְהוּא אוֹכֵל דָּבָר קָצוּב הֲרֵי זֶה כְּלוֹקֵחַ שֶׁאִם צֵרֵף נִקְבַּע. לֹא קִצֵּץ אֶלָּא הָיָה אוֹכֵל כְּדִין תּוֹרָה. מְצָרֵף וְאוֹכֵל כָּל מַה שֶּׁיִּרְצֶה וְהוּא שֶׁלֹּא יִסְפּוֹת בְּמֶלַח. אֲבָל אִם סָפַת בְּמֶלַח אַחַת אַחַת מֻתָּר שְׁתַּיִם שְׁתַּיִם אָסוּר שֶׁהֲרֵי נִקְבְּעוּ [בְּמֶלַח]:
כסף משנה
11.
If one hired [a worker] to hoe around onions49I.e., to remove small onions and/or weeds from an onion patch so that the large onions would have the opportunity to grow. and he stipulated that he could partake of the green onions,50I.e., the leaves of the onions. According to Scriptural Law, the worker is not allowed to partake of the onions, because his efforts to do not complete the preparation of this produce (Hilchot Sechirut 12:4). Nevertheless, this owner agreed to allow the worker to partake of the onion leaves. he can cut off leaf by leaf and partake of them [without tithing], if he gathered them together, he is obligated.51As explained in the previous halachah.If a worker52Who was performing work with the olives that would entitle him to partake of them according to Scriptural Law, e.g., he was harvesting them. stipulated that he could eat a litra53A Talmudic measure equivalent to half a log, 171 cc according to Shiurei Torah, 300 cc according to Chazon Ish. of olives, he may eat them one by one [without having to tithe them]. If he gathered them together, he is obligated to tithe. [The rationale is that] since he is eating a fixed measure, he is considered as a purchaser and [in such an instance,] if the produce is gathered together, his obligation to tithe is established. If he did not make a stipulation and instead, was eating as authorized by Torah Law, he may gather together and eat as much as he desires,54As stated in Halachah 9. provided he does not dip them in salt. If he dips them in salt,55It must be emphasized that we are speaking about an instance where the employer gives the worker special license to dip the olives in salt. Otherwise, he is forbidden to do so, as apparent from Hilchot Sechirut 12:10 (Rambam LeAm). he is permitted [to eat them] one by one [without tithing].56See Halachah 18. [To eat them] two by two is forbidden, for the obligation to tithe is established by dipping them in salt.57As stated in Chapter 3, Halachah 3.
הלכה יב
פּוֹעֵל שֶׁהָיָה עוֹשֶׂה בִּלְבָסִין לֹא יֹאכַל בִּבְנוֹת שֶׁבַע. בִּבְנוֹת שֶׁבַע לֹא יֹאכַל בַּלְּבָסִין עַד שֶׁיְּעַשֵּׂר. אֲבָל יֵשׁ לוֹ לִמְנֹעַ עַצְמוֹ עַד שֶׁיַּגִּיעַ לִמְקוֹם הַיָּפוֹת:
כסף משנה
12.
When a worker was performing work with lower quality figs,58Our translation is based on the Rambam's Commentary to the Mishnah (Ma'aserot 2:8). he should not partake59Without separating tithes. of higher quality figs.60Because that is not the species of produce with which he is working. If he was performing work with higher quality figs, he should not partake of lower quality figs unless he tithes them. He is permitted, however, to refrain from eating until he reaches the higher quality figs.הלכה יג
הַמּוֹצִיא פּוֹעֲלִים לַעֲשׂוֹת לוֹ מְלָאכָה בַּשָּׂדֶה בִּזְמַן שֶׁאֵין לָהֶן עָלָיו מְזוֹנוֹת אוֹכְלִין מִפֵּרוֹת שֶׁבַּשָּׂדֶה וּפְטוּרִין מִן הַמַּעֲשֵׂר וְהוּא שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן. אֲבָל אִם יֵשׁ לָהֶן עָלָיו מְזוֹנוֹת לֹא יֹאכְלוּ וְאַף עַל פִּי שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן שֶׁאֵין פּוֹרְעִין חוֹב מִן הַטֶּבֶל. אֲבָל אוֹכְלִין אַחַת אַחַת מִן הַתְּאֵנָה אֲבָל לֹא מִן הַסַּל וְלֹא מִן הקֻפָּה וְלֹא מִן הַמֻּקְצֶה:
כסף משנה
13.
When a person takes workers out to his field to perform work for him there,61In his Commentary to the Mishnah (Ma'aserot 3:2), the Rambam states that we are not speaking about workers employed to harvest the produce of the field, for they would have a right to partake of this produce according to Scriptural Law. Instead, we are speaking of workers who are plowing or performing other similar tasks. if he is not required to provide them with food, they may partake of the produce of the field62They may partake of the produce freely, not merely one at a time. [when granted permission by the owner],63This addition is made on the basis of the gloss of the Radbaz. and they are exempt from the tithes,64For a present is not considered like a sale and does not obligate the separation of tithes, as stated in Halachah 5. provided the tasks associated with [the preparation of the produce] are not completed.65As stated at the beginning of Chapter 3. If the tasks were completed, it would be forbidden to partake of a significant meal from this produce. If, however, he is required to provide them with food, they should not eat [of the produce of the field] even though they have not completed their tasks.66See Chapter 6, Halachah 9. The Radbaz mentions that the produce must have matured to the extent that it could be obligated to tithed. Otherwise, there would be no prohibition in paying one's debt with it. [The rationale is that] we do not pay a debt from tevel.67And since the owner is required to provide them with food, allowing them to partake of this produce would be equivalent to paying a debt. [Even in such a situation, the workers] should partake of the figs one by one. They may not, however, [partake of those] in a basket or in a container or those set aside.68For the work associated with this produce is completed and it is forbidden to partake of it unless it is tithed.הלכה יד
אֶחָד הַמְבַשֵּׁל וְאֶחָד הַשּׁוֹלֵק וְאֶחָד הַכּוֹבֵשׁ קוֹבֵעַ לְמַעֲשֵׂר. אֲבָל הַמְעַשֵּׁן אֶת הַפֵּרוֹת עַד שֶׁהִכְשִׁירָן הֲרֵי זֶה סָפֵק:
כסף משנה
14.
When one cooks produce, boils it,69I.e., cook without spices. or pickles it,70In brine, the Rambam's Commentary to the Mishnah (Ma'aserot 4:1). one establishes an obligation to tithe.71This obligation is, however, merely Rabbinic in origin. If, however, one smokes produce until it is prepared [to be eaten], there is a doubt [whether there is an obligation to tithe].72Our Sages [the Jerusalem Talmud (Nedarim 6:1)] raise this question and leave it unresolved. See the Radbaz who mentions instances where smoking is considered as cooking and others when it is not.הלכה טו
הַטּוֹמֵן פֵּרוֹת בַּאֲדָמָה אוֹ בַּתֶּבֶן אוֹ בַּזֶּבֶל עַד שֶׁהִכְשִׁירָן לַאֲכִילָה לֹא נִקְבְּעוּ לְמַעֲשֵׂר:
כסף משנה
15.
When a person buries his produce in the ground, in straw, or in fertilizer before preparing them to be eaten,73In his Commentary to the Mishnah (loc. cit.), the Rambam explains that when produce was picked before it was ripened, it would be buried in this manner to hasten its ripening and softening process. the obligation to tithe them is not established.74Although this activity helps prepare them to be eaten, it is not considered as cooking or pickling (Radbaz; see also the Rambam's Commentary to the Mishnah, loc. cit.).הלכה טז
הַנּוֹתֵן יַיִן לְתַבְשִׁיל חַם אוֹ שֶׁנָּתַן שֶׁמֶן לִקְדֵרָה בְּאִלְפַס כְּשֶׁהֵן מְרֻתָּחִין נִקְבְּעוּ לְמַעֲשֵׂר. מָזַג יַיִן בְּמַיִם חַמִּים נִקְבַּע. וְאֵין צָרִיךְ לוֹמַר אִם בִּשֵּׁל הַיַּיִן וַאֲפִלּוּ בְּגַת שֶׁאָסוּר לִשְׁתּוֹת מִמֶּנּוּ עַד שֶׁיְּעַשֵּׂר:
כסף משנה
16.
When a person places wine into a cooked dish that is hot75Apparently, this ruling applies even if the cooked food has been removed from the fire and placed in another utensil (a kli sheni). See Radbaz and Chapter 3, Halachah 15. or he places oil in a pot or a baking dish when they are boiling, he establishes an obligation to tithe. If he mixes wine with hot water, he establishes an obligation to tithe. Needless to say, that if he cooks wine, even in the wine press, it is forbidden to drink from it unless he tithes it.הלכה יז
הַשּׁוּם וְהַשַּׁחֲלִים וְהַחַרְדָּל שֶׁשְּׁחָקָן בַּשָּׂדֶה בְּשֶׁמֶן נִטְבְּלוּ לְמַעֲשֵׂר. וְכֵן הַסּוֹחֵט אֶשְׁכּוֹל לְתוֹךְ הַכּוֹס נִקְבַּע. לְתוֹךְ הַתַּמְחוּי אֵינוֹ נִקְבָּע:
כסף משנה
17.
When garlic, cress, or mustard seed were crushed in the field and mixed with oil,76The Radbaz states that this applies whether the spices were untithed and the oil had been tithed previously or the oil was untithed and the spices had been tithed previously. an obligation to tithe was established.77If they were not brought home. Crushing these pungent herbs and mixing them with oil is equivalent to cooking them. Similarly, if one squeezes a cluster [of grapes] into a cup, an obligation to tithe was established.78Creating a liquid (wine) from the grapes is equivalent to cooking. [If he squeezes it] into a pot,79Containing other food. an obligation was not established.80Because the wine was absorbed immediately by the food in the pot and never became a distinct entity. We are speaking about food that is cold. Otherwise, exposing the wine to heat would establish the obligation as stated in the previous halachah (Kessef Mishneh).הלכה יח
הַמּוֹלֵחַ פֵּרוֹת בַּשָּׂדֶה נִקְבְּעוּ. טָבַל הַזֵּיתִים אֶחָד אֶחָד בְּמֶלַח וְאָכַל פָּטוּר. הַפּוֹצֵעַ זֵיתִים כְּדֵי שֶׁיֵּצֵא הַשָּׂרָף מֵהֶם פָּטוּר. הַנּוֹטֵל זֵיתִים מִן הַמַּעֲטָן טוֹבֵל אֶחָד אֶחָד בְּמֶלַח וְאוֹכֵל. וְאִם מָלַח וְנָתַן לְפָנָיו חַיָּב. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
18.
When a person salts produce in the field, an obligation to tithe is established.81As stated in Chapter 3, Halachah 3. If, however, he dips olives into salt one by one and eats them, he is exempt. A person who opens olives so their fluid82A white fluid that resembles milk in its appearance [the Rambam's Commentary to the Mishnah (Ma'aserot 4:1)]. will flow out, is exempt. A person who removes olives from the storage vat,83Where the olives are kept until they become soft and fit to be squeezed for their oil (ibid. 4:3). may dip them in salt one by one and eat them. If, however, he salted [several] and served them, he is obligated [to tithe]. Similar laws apply in all analogous situations.הלכה יט
הַתּוֹרֵם פֵּרוֹתָיו תְּרוּמָה שֶׁצָּרִיךְ לִתְרֹם אַחֲרֶיהָ שְׁנִיָּה נִקְבְּעוּ לְמַעֲשֵׂר. וְלֹא יֹאכַל מֵהֶן עַרְאַי עַד שֶׁיּוֹצִיא הַתְּרוּמָה הַשְּׁנִיָּה וִיעַשֵּׂר:
כסף משנה
19.
[Even though] a person separates terumah from his produce in a manner that requires him to make a second separation,84See Hilchot Terumah 5:14,15 which give examples of instances where a person made an improper separation of terumah and hence, was required to separate terumah a second time. the obligation to tithe is established.85Chapter 3, Halachah 3, states that separating terumah creates an obligation to tithe the remaining produce. In this halachah, the Rambam emphasizes that even if the separation of terumah was defective and terumah had to be separated a second time, the obligation to tithe has still taken effect (Radbaz). He should not [even] snack from it until he separates terumah a second time and tithes.הלכה כ
פֵּרוֹת שֶׁנִּגְמְרָה מְלַאכְתָּן וְחָשְׁכָה עֲלֵיהֶן לֵילֵי שַׁבָּת נִקְבְּעוּ וְלֹא יֹאכַל מֵהֶן אֲפִלּוּ לְאַחַר הַשַּׁבָּת עַד שֶׁיְּעַשֵּׂר:
כסף משנה
20.
When the work associated with the preparation of produce has been completed86As stated in Chapter 3, Halachah 3, the onset of the Sabbath establishes an obligation to tithe. Nevertheless, this applies only when the tasks associated with the preparation of the produce was completed beforehand (Beitzah 35a). and nightfall arrives on Friday, the obligation to tithe takes effect.87The rationale is that since the work associated with them has been completed, it is possible to partake of them on the Sabbath. Now eating any food on the Sabbath is significant for it is a dimension of the mitzvah of oneg Shabbat, taking pleasure in the Sabbath. Hence, the obligation to tithe is established (Siftei Cohen 331:127). One may not partake of them88Even a snack. even after the Sabbath until they are tithed.הלכה כא
תִּינוֹקוֹת שֶׁטָּמְנוּ תְּאֵנִים לְשַׁבָּת וְשָׁכְחוּ לְעַשְּׂרָן לֹא יֵאָכְלוּ לְמוֹצָאֵי שַׁבָּת עַד שֶׁיְּעַשְּׂרוּ:
כסף משנה
21.
When children hid figs for the Sabbath and forgot to tithe them, one should not partake of them Saturday night until they are tithed.89For the onset of the Sabbath establishes an obligation to tithe as above.The Rambam is quoting the Mishnah (Ma'aserot 4:2). The Jerusalem Talmud raises the question: Why is it necessary to state that the children were intending to partake of them on the Sabbath? Even if that was not their intent, the commencement of the Sabbath would have established the obligation to tithe. The Jerusalem Talmud answers that the new insight is that since it was children who hid the produce, it would be permitted to be eaten as a snack on Friday. If, however, adults set aside the produce for use on the Sabbath, it is not permitted to snack from it on Friday. See also Siftei Cohen 331:129.
הלכה כב
תְּאֵנָה שֶׁהָיְתָה מְיֻחֶדֶת לוֹ לֶאֱכל פֵּרוֹתֶיהָ בְּשַׁבָּת וְלִקֵּט מִמֶּנָּה כַּלְכָּלָה לֹא יֹאכַל עַד שֶׁיְּעַשֵּׂר הוֹאִיל וּפֵרוֹת אֵלּוּ מְיֻחָדִין לְשַׁבָּת וְהַשַּׁבָּת קוֹבַעַת:
כסף משנה
22.
If there was a fig tree that was designated for one to partake of its produce on the Sabbath90Its figs were of a high quality and hence, set aside to be used on the Sabbath when one must use produce of the highest quality. and one gathered a basket [of these figs], one may not partake of them91Even during the week (Radbaz). until he tithes them. [This stringency was established,] because these figs are designated for the Sabbath and the Sabbath establishes an obligation to tithe.הלכה כג
הָיָה אוֹכֵל בְּאֶשְׁכּוֹל וְחָשְׁכָה עָלָיו לֵילֵי שַׁבָּת לֹא יִגְמֹר אֲכִילָתוֹ בְּשַׁבָּת עַד שֶׁיְּעַשֵּׂר. וְאִם הִנִּיחָן לְאַחַר שַׁבָּת הֲרֵי זֶה גּוֹמְרוֹ:
כסף משנה