Nedarim 116

המנכש עם הכותי בחסיות אוכל מהן אכילת עראי ומעשרן ודאי

If [a workman] is engaged in weeding leek plants<span class="x" onmousemove="('comment',' The Talmud explains below what this is. ');">¹</span> for a Cuthean,<span class="x" onmousemove="('comment',' V. Glos. ');">²</span> he may make a light meal of them and must separate the tithes from them as certain.<span class="x" onmousemove="('comment',' If he wishes to make of them a regular meal. The obligation of tithing vegetables is Rabbinical only, not Biblical. When crops are tithed, and then resown, the new produce is again liable to the priestly dues. Nevertheless, a labourer engaged in working on crops may make a light meal of them. If, however, the crops originally sown were tebel (v. Glos.) one may not even make a light meal of their produce whilst working on them. Now, this Baraitha is to some extent self-contradictory, but in reality represents a compromise. Thus, the Cutheans disregarded their tithe obligations. Consequently, it must be assumed with certainty that they have not set aside the tithes from their produce, of which no regular meal may be made without tithing. This is not regarded as a doubtful tithe, viz., that it is not known whether the Cuthean fulfilled his obligations or not, but as a certain tithe. Yet since the entire obligation is Rabbinical only, the Rabbis did not carry through this assumption to its extreme logical conclusion and forbid a labourer engaged thereon to enjoy even a snack, but permitted it, as ordinary tithed plants which are resown. This leniency is based on another possible assumption, viz., only if crops are taken in through the front of the house they are tebel in the sense that one may not even make a light meal thereof before the priestly dues are rendered. Here it is possible that these crops were never thus taken in (Tosaf.). ');">³</span> R. Simeon b. Eleazar said: If [the labourer is employed by] an Israelite suspected of violating the laws of the seventh year,<span class="x" onmousemove="('comment',' I.e., that he planted them in the seventh year. ');">⁴</span>

רבי שמעון בן אלעזר אומר אם ישראל חשוד על השביעית למוצאי שביעית מותר למימרא דגידולי היתר מעלין את האיסור ודלמא בדבר שזרעו כלה הא תניא אלו הן חסיות כגון הלוף השום והבצלים

he may make a light meal thereof [if working] in the eighth year.<span class="x" onmousemove="('comment',' Lit., 'the termination of the Sabbatical year'. Though the original is forbidden as seventh year produce, the increase nullifies it, and hence it is permitted to the labourer. ');">⁵</span> This proves that the growth, which is permitted, nullifies [the original stock], which is rendered forbidden even by a slight increase in the seventh, whereas he seventh under the same conditions is rendered permitted only by an increase in the eighth at least greater than the original. Nevertheless, the general principle, that blackishness of the leaves indicates natural growth, is the same in both. forbidden. But perhaps it refers to a plant whose seed perishes [in the soil]? — But it is taught: The following are leek plants: The lof,<span class="x" onmousemove="('comment',' A plant similar to colocasin, with edible leaves and roots, and bearing beans; and it is classified with onions and garlic (Jast.). ');">⁶</span> garlic and onions.<span class="x" onmousemove="('comment',' Thus proving that it applies even to those plants whose original stock remain. ');">⁷</span> But Perhaps it refers to crushed plants?<span class="x" onmousemove="('comment',' The crushing obliterates the original stock. ');">⁸</span>

ודלמא במדוכנין חשוד על השביעית קתני ודלמא בתערובת המנכש קתני

— This teaches of one who is suspected of violating the Sabbatical year.<span class="x" onmousemove="('comment',' He would not trouble to crush it in order to evade the prohibition. ');">⁹</span> But perhaps it refers to a mixture?<span class="x" onmousemove="('comment',' I.e., the labourer may eat it only when it is mixed up with other plants, the excess of which nullifies the original forbidden stock. ');">¹⁰</span> — This teaches of one who is engaged in weeding.<span class="x" onmousemove="('comment',' The labourer may eat while engaged in the act of weeding, though there is no mixture. Thus this definitely proves that the increase nullifies the original. ');">¹¹</span> Now, shall we say that this refutes R. Johanan and R. Jonathan?<span class="x" onmousemove="('comment',' V. supra 57b. ');">¹²</span>

לימא תיהוי תיובתיה דרבי יוחנן ודרבי יונתן אמר רבי יצחק שניא שביעית הואיל ואיסורה ע"י קרקע בטילתה נמי ע"י קרקע

— Said R. Isaac: The Sabbatical year produce is different; since the interdict is through the soil,<span class="x" onmousemove="('comment',' Lev. XXV, 2: Then the land shall feet a sabbath unto the Lord ');">¹³</span> its nullification too is through the soil.<span class="x" onmousemove="('comment',' But 'orlah is prohibited through immaturity, and 'diverse seeds' (kil'ayim) through mixture. ');">¹⁴</span> But the prohibition of the tithe is likewise through the soil,<span class="x" onmousemove="('comment',' I.e., by replanting. For if one sows tithed grains the produce in tebel: thus, by putting it into soil, it becomes prohibited. ');">¹⁵</span> yet it is not nullified by the soil. For it was taught: If a <i>litra</i> of tithe, itself <i>tebel</i>,<span class="x" onmousemove="('comment',' I.e., the tithe of which had not been given, v. p. 183, n. 9. ');">¹⁶</span>

הרי מעשר דאיסורו ע"י קרקע ואין בטילתו על ידי קרקע דתניא ליטרא מעשר טבל שזרעה בקרקע והשביחה והרי היא כעשר ליטרין חייבת במעשר ובשביעית ואותה ליטרא מעשר עליה ממקום אחר לפי חשבון

is sown in the soil and it improves [i.e.. increases], and is the equivalent of ten litras, it [sc. the whole] is liable to tithe<span class="x" onmousemove="('comment',' Although itself a tithe, the ordinary law of tebel applies to it, and it must be retithed (and terumah too must be given). ');">¹⁷</span> and [is subject to the laws of] the Sabbatical year,<span class="x" onmousemove="('comment',' If it grew in that year. ');">¹⁸</span> whilst as for the [original] <i>litra</i>, a tithe thereof must be seperated from elsewhere,<span class="x" onmousemove="('comment',' I.e., a tithe — the terumah of the tithe due in the first place — must be given to the priest. This tithe must not be taken out of the resultant crop, but from the previous year's, of which the litra was part, because one must not tithe one year's grain with another's. ');">¹⁹</span> according to calculation.<span class="x" onmousemove="('comment',' This proves that the forbidden nature of the untithed tithe remains, in spite of the fact that it was sown in the soil. ');">²⁰</span>