ואיכא דאמרי אמר רב נחמן מנא אמינא לה דקתני טעמא לפי שיודעין שאין ב"ד מתעצלין בו ב"ד הוא דלא מתעצלין בו הא שליח מתעצל בו
- He can answer you: Beth din [are presumed to have carried out their duty] by mid-day, while an ordinary agent [is presumed to have done his before] all the day [has passed]. Said R'Shesheth: Whence do I derive this?<span class="x" onmousemove="('comment',' that even in respect of a Pentateuchal law may be presumed that an agent carries out his mission.');"><sup>13</sup></span> From what was taught: A woman who is under the obligation<span class="x" onmousemove="('comment',' Lit., there is upon her'.');"><sup>14</sup></span> [of bringing an offering in connection with] a birth<span class="x" onmousemove="('comment',' V. Lev. XII, 6ff.');"><sup>15</sup></span>
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.
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