Commentary for Berakhot 80:23

בשלמא למ"ד בושלי כמרא היינו דקתני הקלין שבדמאי ספיקן הוא דפטור הא ודאן חייב אלא למאן דאמר תמרי דזיקא ודאן חייב הפקרא נינהו

It is quite right according to him who says [it means] "Fruit scorched by the sun," that is what he teaches, viz. "Those fruits with which, in case of doubt as to the tithe, the law deals leniently" — it is the doubt that exempts them [from the tithe], but if there is certainty, then they are subject. But according to him who says it means "Dates blown from the tree by the wind," how can they be subject [to the tithe] in the case of certainty, since they are public property? With what are we here dealing?

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