Talmud for Eruvin 63:5

²⁵Tosephta 2:5, Babli Eruvin 32a.“ ‘Go and collect for yourself 20 figs from my tree’, he eats as usual and is free²⁶In the Tosephta and Babli (printed editions and Munich ms.): “He may eat a snack and tithes as certainly untithed.” But R. Ḥananel reads in the Babli: “He may eat a snack and tithes as demay.” The Yerushalmi does not deal with the problem; the baraita simply states that he “is free” to eat an untithed snack.. ‘Go and fill a basket,’ he should not eat before tithing²⁷In the Tosephta and Babli: He may eat a snack and tithes as demay”; since the giver specifies a measure he might have given tithes for his gift from another batch. Here R. Ḥananel reads: “tithes as certainly untithed.” The Yerushalmi does not deal with the problem: According to Mishnah 1:5, a filled basket subjects all figs in it to heave and tithes. It is clear that then the figs cannot be eaten untithed. But the status of the tithing, whether demay or certain, is not determined.. When has this been said? About a vulgar. But from a Fellow he can eat and does not have to tithe, the words of Rebbi. Rabban Simeon ben Gamliel says, when has this been said? About a vulgar. But from a Fellow he has to put it in order as certainly untithed since Fellows are not suspected to tithe what is not earmarked²⁸See Terumot 4:3, Note 21; 2:1, Notes 3,6.. Rebbi said, I prefer my words to those of Rabban Simeon ben Gamliel²⁹This is the formulation of the editor. Rebbi would have said “my father”.. It is preferable that they should tithe what is not earmarked³⁰Transgressing a positive biblical injunction. than to feed ṭevel to the vulgar³¹Committing the grave sin of “putting a stone in the path of a blind man.” Rabban Simeon ben Gamliel holds that the just should never sin to save the wicked; this is his position everywhere, cf. Demay 3:8, Note 135, Mishnah Ma‘aser Šeni 5:1; Babli Baba Qama 69a..” Rebbi Zeїra said, from both their opinions [it follows that] even a Fellow who sends to another Fellow must tithe³²See Demay 2:2, Note 125 (R. Zeїra in the name of R. Joḥanan). In Halakhah 5:1, the rule is attributed to R. Simeon ben Laqish.. They ventured to say, he who said that Fellows are not suspected to tithe what is not earmarked, when somebody is a Fellow he has to tithe³³The recipient has to tithe as certainly untithed if circumstances indicate that the produce could not have been tithed by the giver, as in the case here since the figs collected in the recipient’s basket could not have been delineated by the giver; cf. Demay 3:3, Notes 79 ff.. And he who said, it is better to tithe what is not earmarked than to feed ṭevel to the vulgar, if he is a Fellow he has to tithe³⁴The giver has to tithe by the rule of Rebbi; the recipient has to tithe by the rules of demay.. Rebbi Jonah asked: Here you declare him to be a Fellow, there you declare him to be a vulgar³⁵The recipient is treated as a Fellow since he is required to tithe demay. On the other hand, he is treated as a vulgar in Rebbi’s argument.. Rebbi Yose said, in both cases, he is a vulgar. But because of the rare one who puts in order he is called a Fellow³⁶If somebody is not a Fellow, he nevertheless may not be a vulgar in the legal sense of the word..