Commentary for Nedarim 168:1

וחכ"א קורא שם ואין צריך להפריש מאי לאו למ"ד ספקו טובל קסבר אית ליה טובת הנאה וכיון דאית ליה טובת הנאה לא מהניא

whilst the Sages say: He must designate [it], but need not separate it.<span class="x" onmousemove="('comment',' Demai, lit., 'of what (nature),' 'dubious' is the technical term for produce bought from a person who is not trusted to render the tithes, generally the 'am ha-arez; (v. Glos.) such produce had to be tithed by the purchaser. R. Eliezer maintains that it is unnecessary to designate any portion thereof as the poor tithe, because even if the first owner has definitely not separated the poor lithe the produce is permitted. But the Sages hold that as long as the poor tithe has not been separated the produce may not be eaten; therefore, since the original owner is under suspicion, he must designate the poor tithe himself, i.e., declare, 'this part of the produce is the poor tithe.' On the other hand, he is not compelled to give it to the poor, as he can challenge them, 'Prove that the first owner did not render the poor tithe.' ');">¹</span> Now surely he who maintains that the doubt<span class="x" onmousemove="('comment',' Whether the poor tithe has been set aside or not. ');">²</span>

Explore commentary for Nedarim 168:1. In-depth commentary and analysis from classical Jewish sources.