Related%20passage for Menachot 61:10
אמר ליה אין אמר רב אשי אמר לי מר זוטרא קשי בה ר' חנינא מסורא פשיטא
separate the tithes, so that in this case he would be taking the tithe from what is exempt [from the tithe by the law of the Torah] in respect of what is also exempt [by the Torah]. But why did he not advise him, Go and buy produce from a gentile?<span class="x" onmousemove="('comment',' Produce grown in a field belonging to a gentile is, it is assumed for the present, exempt by the law of the Torah from the tithe, but is subject to it only 'by Rabbinic law.');"><sup>12</sup></span> - Because he holds that a gentile cannot own land in the land of Israel so fully as to release it from the obligation of tithe<span class="x" onmousemove="('comment',' The produce of his field is therefore subject to the tithe by the law of the Torah.');"><sup>13</sup></span> so that he would be taking the tithe from what was subject [to tithe by the Torah] in respect of what was exempt. Another version states: He advised him, Go and buy produce from a gentile. Evidently he was of the opinion that a gentile can own land so fully in the land of Israel as to release it from the obligation of tithe so that in this case he would be taking the tithe from what is exempt [by the Torah] in respect of what is exempt too. And why did he not advise him, God and buy' [demai produce] in the market? - Because he holds that the majority of amme ha-arez do not separate the tithes.<span class="x" onmousemove="('comment',' So he would then be taking the tithe from what was subject to tithe by the law of the Torah in respect of what was exempt by the law of the Torah');"><sup>14</sup></span> R'Yemar B'Shelemya sent the following question to R'Papa: Does the ruling of Rabin B'Hinena who cited 'Ulla in the name of R'Hanina, namely, that the halachah was in accordance with R'Simeon of Shezur; and moreover, that wherever R'Simeon of Shezur stated his view the halachah was in accordance with it, include that case where untithed produce got mixed up with tithed produce? He replied, It does. R'Ashi said, Mar Zutra told me that R'Hanina of Sura was puzzled at the question. It is obvious, said he;
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