Talmud Bavli
Talmud Bavli

Related for Eruvin 63:16

אמר רבינא רישא בעם הארץ שאמר לחבר סיפא בחבר שאמר לעם הארץ וחבר אחר שומעו רבי

that there is] legal presumption that an agent<span class="x" onmousemove="('comment',' In this case the owner of the fig tree whose duty it is to provide for the proper separation of the prescribed dues.');"><sup>54</sup></span> carries out his mission.<span class="x" onmousemove="('comment',' Since, even according to R. Simeon b. Gamaliel, had it not been for the consideration that produce and dues must be in close proximity, the owner would have been presumed to have set apart all the prescribed dues.');"><sup>55</sup></span> And R'Nahman?<span class="x" onmousemove="('comment',' How could he maintain his ruling in view of this argument?');"><sup>56</sup></span> - There [the presumption is justified] in agreement [with the principle] of R'Hanina Hoza'ah. For R'Hanina Hoza'ah<span class="x" onmousemove="('comment',' Of Hozae (Khuzistan) .');"><sup>57</sup></span> laid down: It is a legal presumption that a Fellow would not allow any unprepared thing<span class="x" onmousemove="('comment',' I.e., produce for which the prescribed dues have not been given.');"><sup>58</sup></span> to pass out of his hand.<span class="x" onmousemove="('comment',' Pes. 9a. This presumption, however, does not apply to an ordinary agent who might sometimes fail to carry out his mission.');"><sup>59</sup></span> The Master said: 'This applies only to [an owner who was] an am ha-arez, but if he was a Fellow [the latter] may eat [the fruit] and need not tithe them; so Rabbi'. To whom could this 'am ha-arez<span class="x" onmousemove="('comment',' The owner spoken of.');"><sup>60</sup></span> have been speaking? If it be suggested that he was speaking to an 'am ha-arez like himself<span class="x" onmousemove="('comment',' Lit., 'his friend'.');"><sup>61</sup></span> [what sense is there in the ruling,] 'Must tithe them, as demai'? Would he obey it?<span class="x" onmousemove="('comment',' Certainly not. The one 'am ha-arez would rather rely on the other.');"><sup>62</sup></span> Consequently it in must be a case<span class="x" onmousemove="('comment',' Lit., 'but'.');"><sup>63</sup></span> where an 'am ha-arez was speaking to a Fellow. Now, then, read the final clause: 'My view seems [to be more acceptable] than that of my father, since it is preferable that Fellows should be suspected of giving terumah from [produce] that is not in close proximity [with that for which it is given] than that they should give 'amme ha-arez to eat all sorts of tebel'; how<span class="x" onmousemove="('comment',' Since the person addressed was a Fellow.');"><sup>64</sup></span> does the question of 'amme ha-arez at all arise?<span class="x" onmousemove="('comment',' Lit., 'what do they want there?'');"><sup>65</sup></span> - Rabina replied: The first clause deals with an 'am ha-arez who was speaking to a Fellow, and the final clause deals with a Fellow who was speaking to all am ha-arez while another Fellow was listening to the conversation.<span class="x" onmousemove="('comment',' Lit., 'heard him'.');"><sup>66</sup></span> Rabbi

Tosefta Maasrot

[If the owner of a field] said to him, "Go out and gather figs for yourself from the fig tree," he may eat casually from them and tithe them as certainly untithed produce. [If he] said to him, "Go out and fill yourself up this basket," he may eat from them casually and tithe them as Demai. In what case does this apply? With [a field belonging to] an am ha'aretz, but with [the field of] a chaver, he may eat and there is no need to tithe, the words of Rebbi. Rabban Shimon ben Gamaliel says, In what case does this apply? With [the field of] an am ha'aretz, but with [the field of] a chaver, he should not eat until he has tithed, since chaverim are not be suspected of taking Terumah [on behalf of other produce] that is not in close by (and thus we can be certain that the chaver-owner would not have already tithed these figs (see Ter. 4:3)). Said Rebbi (not "Rabbi Yehuda"), my words are preferable to the words of Rabban Shimon ben Gamaliel. It is better that chaverim will take Terumah [from produce] that is not close by and not feed untithed produce to amei ha'aretz.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse