Tosefta for Bava Metzia 75:10
ואי משתכחי מאי מזבנינן להו וליחוש שמא עשאן בעל הבית תרומה ומעשר על מקום אחר כי מזבנינן נמי לכהנים בדמי תרומה מזבנינן להו
Rabbah b. Bar Hanah said in R. Johanan's name: The dispute is only when there is the normal rate of decrease; but when [the loss] exceeds the normal rate of decrease, all agree that it must be sold by a court order. Now, he certainly disagrees with R. Nahman b. Isaac;<span class="x" onmousemove="('comment',' If we fear that it was declared terumah or tithe, it certainly may not be sold under any circumstances. ');"><sup>8</sup></span>
Tosefta Demai
[If someone] left produce at the place of an am ha'aretz, behold, they are presumed [to retain their previous status] for tithing and for Shevi'it (Dem. 3:4, cf. Y. Maas. V.1.8), and if they were subject to tithing, we may take Terumah (the priestly portion) and tithes from it for [produce] in another place (see Bava Metzia 38a:5), or designate Terumah and tithes for them. If they were from second tithe, we exchange them for money, and exchange the money for second tithe. If the [am ha'aretz said], I took [your produce] and left you old [produce or] tithed [produce], if you believe that he took it, we also believe that he purchased [the old or tithed produce], but if you do not believe that he purchased it, you do not believe that he took it. What are we talking about here? At a time that the [chaver] came an found the same type [of produce] that he exchanged, but if he left higher-quality [produce] (see Jastrow = "עגרון") and found lower-quality [produce], or [he left] lower-quality [produce] and found higher-quality [produce], behold, this is a concern, and for this [produce we do not presume it has retained its former status with respect to either] tithes or the seventh year.
Ask RabbiBookmarkShareCopy