Tosefta for Kiddushin 108:7

מ"ט דב"ה גמרי (ויקרא יט, כד) קודש (ויקרא כז, לב) קודש ממעשר מה מעשר יש לו חומש ויש לו ביעור אף כרם רבעי יש לו חומש ויש לו ביעור וב"ש לא גמרי קודש קודש ממעשר

While Beth Shammai do not deduce the meaning of 'holy' from tithe. Now, when Beth Hillel rule that it is as [the second-] tithe, with whom do they hold? If with R'Judah, why is it all for the vault, but he maintains that the [second-] tithe is secular property?<span class="x" onmousemove="('comment',' With respect to fallings and gleanings it is written: Lev. XIX, 10: and thou shalt not glean thy vineyard, neither shalt thou gather the fallen fruit of thy vineyard. 'Thy' excludes sacred property, which is God's. But if Beth Hillel agree with R. Judah, second-tithe is secular, and since fourth year vintage is assimilated thereto, that also is likewise.');"><sup>13</sup></span>

Tosefta Demai

[Someone who] was selling produce during Shevi'it (i.e., the seventh year of the agriculture cycle, when fields must lie fallow) and said that they [were grown] just before [the start of] Shevi'it, [that produce is] liable for tithing and for Bi'ur (i.e., the act of publicly renouncing and only then reacquiring ownership over produce grown during Shevi'it, see Kidd. 54b:7). [Someone who] was selling produce right after [מוצאי not ערב] Shevi'it and said that it [was grown] after Shevi'it, [that produce] is exempt from tithing and exempt from Bi'ur. [The rule is that in a situation where] a matter about which an exemption [is derived from] a person's silence, his stringency is [also] believed; and therefore, his assertion of leniency [is also believed and renders the matter] exempt [see Y. Dem. VI.8.2].

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