Commentary for Nedarim 116:1

המנכש עם הכותי בחסיות אוכל מהן אכילת עראי ומעשרן ודאי

If [a workman] is engaged in weeding leek plants<span class="x" onmousemove="('comment',' The Talmud explains below what this is. ');">¹</span> for a Cuthean,<span class="x" onmousemove="('comment',' V. Glos. ');">²</span> he may make a light meal of them and must separate the tithes from them as certain.<span class="x" onmousemove="('comment',' If he wishes to make of them a regular meal. The obligation of tithing vegetables is Rabbinical only, not Biblical. When crops are tithed, and then resown, the new produce is again liable to the priestly dues. Nevertheless, a labourer engaged in working on crops may make a light meal of them. If, however, the crops originally sown were tebel (v. Glos.) one may not even make a light meal of their produce whilst working on them. Now, this Baraitha is to some extent self-contradictory, but in reality represents a compromise. Thus, the Cutheans disregarded their tithe obligations. Consequently, it must be assumed with certainty that they have not set aside the tithes from their produce, of which no regular meal may be made without tithing. This is not regarded as a doubtful tithe, viz., that it is not known whether the Cuthean fulfilled his obligations or not, but as a certain tithe. Yet since the entire obligation is Rabbinical only, the Rabbis did not carry through this assumption to its extreme logical conclusion and forbid a labourer engaged thereon to enjoy even a snack, but permitted it, as ordinary tithed plants which are resown. This leniency is based on another possible assumption, viz., only if crops are taken in through the front of the house they are tebel in the sense that one may not even make a light meal thereof before the priestly dues are rendered. Here it is possible that these crops were never thus taken in (Tosaf.). ');">³</span> R. Simeon b. Eleazar said: If [the labourer is employed by] an Israelite suspected of violating the laws of the seventh year,<span class="x" onmousemove="('comment',' I.e., that he planted them in the seventh year. ');">⁴</span>

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