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Today's Daf Yomi

January 12, 2016 | ื‘ืณ ื‘ืฉื‘ื˜ ืชืฉืขืดื•

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

Gittin 30

If someoneย makse a condition to giving the get and the condition isn’t fulfilled for reasons beyond hisย control – is the get a good get or not? ย the mishna and gemara discuss of case of someone who loans money and stipulates that instead of getting paid back, heย will deduct the amount from truma or maaser (assuming the loan was given to a kohen, levi or poor person).


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ื›ื™ ืžืฉื•ื• ื‘ื™ืช ื“ื™ืŸ ืฉืœื™ื— ื‘ืคื ื™ื• ืื• ืฉืœื ื‘ืคื ื™ื• ื”ื“ืจ ืคืฉื˜ื” ื‘ื™ืŸ ื‘ืคื ื™ื• ื‘ื™ืŸ ืฉืœื ื‘ืคื ื™ื• ืฉืœื—ื• ืžืชื ื‘ื™ืŸ ื‘ืคื ื™ื• ื‘ื™ืŸ ืฉืœื ื‘ืคื ื™ื•

When the court appoints a second agent, must they do so in the presence of the first agent, or may it be when not in his presence? He then resolves it: The second agent may be appointed either in his presence and not in his presence. Similarly, they sent from there, from Eretz Yisrael, this ruling: The court may appoint another agent either in the presence of the first agent or not in his presence.

ื”ื”ื•ื ื“ืืžืจ ืื™ ืœื ืืชื™ื ื ืขื“ ืชืœืชื™ืŸ ื™ื•ืžื™ืŸ ืœื™ื”ื•ื™ ื’ื™ื˜ื ืืชื ื•ืคืกืงื™ื” ืžื‘ืจื ืืžืจ ืœื”ื• ื—ื–ื• ื“ืืชืื™ ื—ื–ื• ื“ืืชืื™ ืืžืจ ืฉืžื•ืืœ ืœื ืฉืžื™ื” ืžืชื™ื

ยง The Gemara relates another incident, involving a certain man who said to the agents with whom he entrusted a bill of divorce: If I do not arrive from now until thirty days have passed, let this be a bill of divorce. He came at the end of the thirtieth day, but he was prevented from crossing the river by the fact that the ferry was located on the other side of the river, so he did not cross the river within the designated time. He said to the people across the river: See that I have arrived, see that I have arrived. Shmuel said: That is not considered to be an arrival, even though it is clear that he intended to arrive, so the bill of divorce is valid.

ื”ื”ื•ื ื“ืืžืจ ืœื”ื• ืื™ ืœื ืคื™ื™ืกื ื ืœื” ืขื“ ืชืœืชื™ืŸ ื™ื•ืžื™ืŸ ืœื™ื”ื•ื™ ื’ื™ื˜ื ืื–ืœ ืคื™ื™ืกื” ื•ืœื ืื™ืคื™ื™ืกื ืืžืจ ืจื‘ ื™ื•ืกืฃ ืžื™ ื™ื”ื™ื‘ ืœื” ืชืจืงื‘ื ื“ื“ื™ื ืจื™ ื•ืœื ืื™ืคื™ื™ืกื

The Gemara relates: There was an incident involving a certain man who said to agents with whom he had deposited a bill of divorce: If I do not appease my wife within thirty days, let this be a bill of divorce. He went to appease her, but she was not appeased. Rav Yosef said: Did he give her a large vessel [tarkeva] full of dinars but she was not appeased? Although his inability to appease her was a result of his lack of financial means, since he did not properly fulfill his condition to appease her, the bill of divorce is valid.

ืื™ื›ื ื“ืืžืจื™ ืืžืจ ืจื‘ ื™ื•ืกืฃ ืžื™ื“ื™ ืชืจืงื‘ื ื“ื“ื™ื ืจื™ ื‘ืขื™ ืœืžื™ืชื‘ ืœื” ื”ื ืคื™ื™ืกื” ื•ืœื ืื™ืคื™ื™ืกื

There are those who say a different version of the statement, that Rav Yosef said: Did he need to give her a vessel full of dinars in order to appease her? This is a situation where he attempted to appease her, but she was not appeased. Therefore, he did fulfill his condition, and the bill of divorce is not effective, as it is not his fault that she was not appeased.

ื”ื ื›ืžืืŸ ื“ืืžืจ ื™ืฉ ืื•ื ืก ื‘ื’ื™ื˜ื™ืŸ ื”ื ื›ืžืืŸ ื“ืืžืจ ืื™ืŸ ืื•ื ืก ื‘ื’ื™ื˜ื™ืŸ

The Gemara explains the difference between the first and second versions of Rav Yosefโ€™s statement: This second version, in which the bill of divorce does not take effect, is according to the one who says: Circumstances beyond oneโ€™s control have legal standing with regard to bills of divorce. Therefore, the bill of divorce is not valid, as the husband did all he could to appease her. This first version, in which the bill of divorce is valid, is according to the one who says: Circumstances beyond oneโ€™s control have no legal standing with regard to bills of divorce.

ืžืชื ื™ืณ ื”ืžืœื•ื” ืžืขื•ืช ืืช ื”ื›ื”ืŸ ื•ืืช ื”ืœื•ื™ ื•ืืช ื”ืขื ื™ ืœื”ื™ื•ืช ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ืžื—ืœืงืŸ ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ื‘ื—ื–ืงืช ืฉื”ืŸ ืงื™ื™ืžื™ืŸ ื•ืื™ื ื• ื—ื•ืฉืฉ ืฉืžื ืžืช ื”ื›ื”ืŸ ืื• ื”ืœื•ื™ ืื• ื”ืขืฉื™ืจ ื”ืขื ื™

MISHNA: The mishna continues the discussion of the presumption that a person remains alive. With regard to one who lends money to a priest, or to a Levite, or to a poor person, with the understanding that he will separate their portion of the teruma and tithes from his produce on the basis of that money, i.e., he will subtract from the debt owed by the priest or Levite the value of the teruma and tithes separated from the produce, he may separate the teruma and tithes from his produce on the basis of that money with the presumption that they are still alive, and he need not be concerned that perhaps the priest or the Levite died in the interim, or that the poor person became rich and is no longer eligible to be given the poor manโ€™s tithe. The priest or Levite benefits from this arrangement, as he receives his gifts up front in the form of a loan. The Israelite benefits in that he does not need to seek out a priest or Levite each time he has produce from which he must separate teruma and tithes.

ืžืชื• ืฆืจื™ืš ืœื™ื˜ื•ืœ ืจืฉื•ืช ืžืŸ ื”ื™ื•ืจืฉื™ื ืื ื”ืœื•ื•ืŸ ื‘ืคื ื™ ื‘ื™ืช ื“ื™ืŸ ืื™ื ื• ืฆืจื™ืš ืœื™ื˜ื•ืœ ืจืฉื•ืช ืžืŸ ื”ื™ื•ืจืฉื™ืŸ

If in fact they died, then he must obtain permission from the heirs in order to continue the arrangement. However, if he lent money to the deceased, and he stipulated in the presence of the court that the debt would be repaid in this manner, then he does not need to obtain permission from the heirs.

ื’ืžืณ ื•ืืฃ ืขืœ ื’ื‘ ื“ืœื ืืชื• ืœื™ื“ื™ื”

GEMARA: The mishna assumes that the priest, Levite, and poor person acquire the teruma and tithes that the creditor separates from his produce, but they agree at the time of the loan that the tithes and teruma will then be acquired by the creditor as payment of their debt. The Gemara asks: And can the priest, Levite, and poor person transfer possession of the terumot or tithes back to the creditor even though the produce did not come into their possession?

ืืžืจ ืจื‘ ื‘ืžื›ืจื™ ื›ื”ื•ื ื” ื•ืœื•ื™ื” ื•ืฉืžื•ืืœ ืืžืจ ื‘ืžื–ื›ื” ืœื”ื ืขืœ ื™ื“ื™ ืื—ืจื™ื ืขื•ืœื ืืžืจ ื”ื ืžื ื™ ืจื‘ื™ ื™ื•ืกื™ ื”ื™ื ื“ืืžืจ ืขืฉื• ืืช ืฉืื™ื ื• ื–ื•ื›ื” ื›ื–ื•ื›ื”

Rav says: This is stated with regard to associates of the priesthood and the Levites, i.e., people who have an arrangement with a specific priest or Levite to give him their teruma or tithes. The specific priest or Levite therefore has a presumptive status of ownership of the tithes or teruma and is considered to have acquired them. And Shmuel says: This is stated with regard to one who has the priest or Levite acquire the gifts through the act of acquisition of others, who acquire the teruma and tithes on their behalf. The lender is then able to reclaim the gifts as repayment of the loan. Ulla said: In accordance with whose opinion is this mishna? It is the opinion of Rabbi Yosei, who says in other contexts: The Sages, by means of an ordinance, rendered one who does not acquire like one who acquires. Here, too, the Sages instituted an ordinance to enable this arrangement.

ื›ื•ืœื”ื• ื›ืจื‘ ืœื ืืžืจื™ ื‘ืžื›ืจื™ ืœื ืงืชื ื™ ื›ืฉืžื•ืืœ ืœื ืงืืžืจื™ ื‘ืžื–ื›ื” ืœื ืงืชื ื™ ื›ืขื•ืœื ื ืžื™ ืœื ืืžืจื™ ื›ื™ื—ื™ื“ืื” ืœื ืžื•ืงืžื™ื ืŸ

The Gemara explains why each of the aforementioned Sages disagreed with the others. All the other Sages, i.e., Shmuel and Ulla, do not state their opinions in accordance with the opinion of Rav, because the mishna does not teach explicitly that the halakha is stated with regard to associates of the priesthood and the Levites. Rav and Ulla do not state their opinions in accordance with the opinion of Shmuel because the mishna does not teach that this halakha is stated with regard to one who has the priest or Levite acquire the gifts through the act of acquisition of others. Rav and Shmuel also do not state their opinions in accordance with the opinion of Ulla because we do not establish the mishna to be stated in accordance with an individual opinion, in this case Rabbi Yosei; rather, the assumption is that the ruling of the mishna is written in accordance with the majority opinion.

ืชื ื• ืจื‘ื ืŸ ื”ืžืœื•ื” ืžืขื•ืช ืืช ื”ื›ื”ืŸ ื•ืืช ื”ืœื•ื™ ื•ืืช ื”ืขื ื™ ืœื”ื™ื•ืช ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ืžื—ืœืงืŸ ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ื‘ื—ื–ืงืช ืฉื”ืŸ ืงื™ื™ืžื™ืŸ

ยง The Sages taught in a baraita (Tosefta 3:1): With regard to one who lends money to a priest, or to a Levite, or to a poor person with the understanding that he will separate their portion of the teruma and tithes from his produce on the basis of that money, he may separate the teruma and tithes from his produce on the basis of that money, with the presumption that they are still alive.

ื•ืคื•ืกืง ืขืžื”ืŸ ื›ืฉืขืจ ื”ื–ื•ืœ ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืจื‘ื™ืช ื•ืื™ืŸ ืฉื‘ื™ืขื™ืช ืžืฉืžื˜ืชื•

The baraita continues: And he may contract with them according to the low market rate, i.e., he may set a price for the gifts that he will separate in the future based on either their value at the time of the loan, or their value when they will be separated, whichever is lower. And this is not subject to the prohibition of interest, meaning that if the market rate falls, it will not be considered as though they are repaying in excess of the amount of the loan. And the Sabbatical Year does not cancel this loan; even after the Sabbatical Year, the lender may continue to collect his debt in this manner.

ื•ืื ื‘ื ืœื—ื–ื•ืจ ืื™ื ื• ื—ื•ื–ืจ ื ืชื™ื™ืืฉื• ื”ื‘ืขืœื™ื ืื™ืŸ ืžืคืจื™ืฉ ืขืœื™ื”ื ืœืคื™ ืฉืื™ืŸ ืžืคืจื™ืฉื™ืŸ ืขืœ ื”ืื‘ื•ื“

The baraita continues: And if the lender seeks to renege on this agreement, he may not renege. If the owner despaired of retrieving the loan, as he thought that he would not need to separate any teruma or tithes and therefore thought that he would not collect payment for the loan, although it later became clear that he was mistaken, he may not separate the teruma and tithes from his produce on the basis of that money, because one may not separate teruma and tithes on the basis of oneโ€™s loan that one had thought lost. Once he despaired of retrieving the loan, the sum of the loan is permanently acquired by the borrowers and the lender may not use the tithes and teruma to serve as repayment.

ืืžืจ ืžืจ ืคื•ืกืง ืขืžื”ื ื›ืฉืขืจ ื”ื–ื•ืœ ืคืฉื™ื˜ื ื”ื ืงื ืžืฉืžืข ืœืŸ ืืฃ ืขืœ ืคื™ ืฉืœื ืคืกืง ื›ืžื™ ืฉืคืกืง ื“ืžื™

The Gemara clarifies the rulings of the baraita: The Master said: He may contract with them according to the low market rate. The Gemara asks: Isnโ€™t this obvious? The Gemara answers: This teaches us that even though he did not contract explicitly that he would use the lower market price, he is considered like one who did so contract and may do so anyway.

ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืจื‘ื™ืช ืžืื™ ื˜ืขืžื ื›ื™ื•ืŸ ื“ื›ื™ ืœื™ืช ืœื™ื” ืœื ื™ื”ื™ื‘ ืœื™ื” ื›ื™ ืื™ืช ืœื™ื” ื ืžื™ ืื™ืŸ ื‘ื• ืžืฉื•ื ืจื‘ื™ืช

The baraita also teaches: And this is not subject to the prohibition of interest. The Gemara asks: What is the reason for this? The Gemara answers: Since, when the priest or Levite has no teruma or tithes that he received from the creditor, e.g., when the grain in the field did not sprout due to a drought, he does not give anything to the creditor in repayment of the loan, this indicates that it is not a true loan. Therefore, when the priest or Levite has teruma and tithes, this also is not subject to the prohibition of interest.

ื•ืื™ืŸ ืฉื‘ื™ืขื™ืช ืžืฉืžื˜ืชื• ื“ืœื ืงืจื™ื ื ื‘ื™ื” ืœื ื™ื’ื•ืฉ

The baraita also teaches: And the Sabbatical Year does not cancel this loan. The Gemara explains: The reason is that concerning this loan, one cannot read the verse stated with regard to the cancellation of debts by the occurrence of the Sabbatical Year: โ€œHe shall not exact it of his neighbor and his brother; because the Lordโ€™s release has been proclaimedโ€ (Deuteronomy 15:2). Since in any event one cannot claim repayment of this type of loan, it is not addressed by the verse in question.

ื•ืื ื‘ื ืœื—ื–ื•ืจ ืื™ื ื• ื—ื•ื–ืจ ืืžืจ ืจื‘ ืคืคื ืœื ืฉื ื• ืืœื ื‘ืขืœ ื”ื‘ื™ืช ื‘ื›ื”ืŸ ืื‘ืœ ื›ื”ืŸ ื‘ื‘ืขืœ ื”ื‘ื™ืช ืื ื‘ื ืœื—ื–ื•ืจ ื—ื•ื–ืจ ื“ืชื ืŸ ื ืชืŸ ืœื• ืžืขื•ืช ื•ืœื ืžืฉืš ื”ื™ืžื ื• ืคื™ืจื•ืช ื™ื›ื•ืœ ืœื—ื–ื•ืจ ื‘ื•

The baraita also teaches: And if the lender seeks to renege on this agreement, he cannot renege. Rav Pappa said: They taught this only with regard to a homeowner, i.e., an owner of produce, who wishes to renege on his agreement with a priest. In that situation, the homeowner cannot demand repayment of the loan with money. However, with regard to a priest who wishes to renege on his agreement with a homeowner, if he seeks to renege, he may renege. What is the reason for this? As we learned in a mishna (Bava Metzia 44a): In any transaction, if the purchaser gave the seller money but did not yet pull the produce, then the seller can renege on the sale. Here, since the priest received money and the homeowner did not yet formally acquire the produce, the priest can renege on the agreement.

ื ืชื™ื™ืืฉื• ื”ื‘ืขืœื™ื ืื™ืŸ ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ืœืคื™ ืฉืื™ืŸ ืžืคืจื™ืฉื™ืŸ ืขืœ ื”ืื‘ื•ื“ ืคืฉื™ื˜ื ืœื ืฆืจื™ื›ื ื“ืืงื•ืŸ ืžื”ื• ื“ืชื™ืžื ืืงื ืชื ืžื™ืœืชื ื”ื™ื ืงื ืžืฉืžืข ืœืŸ

The baraita also teaches: If the owner despaired of retrieving the loan, he may not separate the teruma and tithes from his produce on the basis of that money because one may not separate teruma and tithes on the basis of a loan that he had thought lost. The Gemara asks: Isnโ€™t this obvious, as he is no longer owed the money? The Gemara answers: No, it is necessary to teach this halakha in a case where the seeds produced stalks and became dried out. Lest you say that growth of stalks is a significant matter, as there is a chance that the produce will still grow and so he does not fully despair, the baraita teaches us that even in such a situation, since the produce is very unlikely to recover, he does despair of retrieving the loan.

ืชื ื™ื ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ืื•ืžืจ ื”ืžืœื•ื” ืžืขื•ืช ืืช ื”ื›ื”ืŸ ื•ืืช ื”ืœื•ื™ ื‘ื‘ื™ืช ื“ื™ืŸ ื•ืžืชื• ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ื‘ื—ื–ืงืช ืื•ืชื• ื”ืฉื‘ื˜ ื•ืืช ื”ืขื ื™ ื‘ื‘ื™ืช ื“ื™ืŸ ื•ืžืช ืžืคืจื™ืฉ ืขืœื™ื• ื‘ื—ื–ืงืช ืขื ื™ื™ ื™ืฉืจืืœ ืจื‘ื™ ืื—ื™ ืื•ืžืจ ื‘ื—ื–ืงืช ืขื ื™ื™ ืขื•ืœื

ยง It is taught in a baraita (Tosefta 3:1) that Rabbi Eliezer ben Yaโ€™akov says: With regard to one who lends money to a priest or to a Levite in court and they died before repaying the loan, he separates teruma and tithes on the basis of that money with the presumption that there is one from that tribe who inherited from them, and he need not confirm that the deceased priest or Levite has immediate heirs. He then continues the arrangement based on the transfer of the debt to the heirs. And if he lent money to a poor person in court, and the poor person died before repaying the loan, the creditor separates tithes on the basis of that money with the presumption that the poor of the Jewish people would agree to continue the arrangement. Rabbi Aแธฅai says: It is with the presumption that the poor of the world would agree to continue the arrangement.

ืžืื™ ื‘ื™ื ื™ื™ื”ื•

The Gemara asks: What is the difference between the opinion of Rabbi Eliezer ben Yaโ€™akov and the opinion of Rabbi Aแธฅai? Rabbi Aแธฅai too must have meant only poor Jews and not poor gentiles, who are not given tithes.

ืื™ื›ื ื‘ื™ื ื™ื™ื”ื• ืขื ื™ื™ ื›ื•ืชื™ื™ื

The Gemara answers: There is a difference between them where the only poor people to be found are poor Samaritans. According to Rabbi Eliezer ben Yaโ€™akov, they are not considered to be converts (see Kiddushin 75b), and one may not continue the arrangement with them serving as the poor people. According to Rabbi Aแธฅai, they are considered converts, and one may continue the arrangement with them serving as the poor people.

ื”ืขืฉื™ืจ ื”ืขื ื™ ืื™ืŸ ืžืคืจื™ืฉ ืขืœื™ื• ื•ื–ื›ื” ื”ืœื” ื‘ืžื” ืฉื‘ื™ื“ื•

It was taught in a baraita (Tosefta 3:1) that if the poor person became wealthy then the homeowner may no longer separate tithes based on his outstanding loan, and the borrower, who is now wealthy, acquires the money remaining in his possession. This is because from the outset the understanding was that the loan would be repaid only by separating the poor manโ€™s tithe.

ื•ืจื‘ื ืŸ ืžืื™ ืฉื ื ืœืžื™ืชื” ื“ืขื‘ื•ื“ ืชืงื ืชื ื•ืžืื™ ืฉื ื ืœืขืฉื™ืจื•ืช ื“ืœื ืขื‘ื•ื“ ืชืงื ืชื ืžื™ืชื” ืฉื›ื™ื—ื ืขืฉื™ืจื•ืช ืœื ืฉื›ื™ื—ื ืืžืจ ืจื‘ ืคืคื ื”ื™ื™ื ื• ื“ืืžืจื™ ืื™ื ืฉื™ ื—ื‘ืจืš ืžื™ืช ืืฉืจ ืื™ืชืขืฉืจ ืœื ืชืืฉืจ

The Gemara asks: And according to the Sages, what is different about death, when the poor man dies, that they instituted an ordinance to enable the homeowner to continue to separate tithes based on other poor people, and what is different about wealth, when the poor man becomes wealthy, that they did not institute an ordinance? The Gemara answers: Death is common, whereas wealth is not common, and the Sages did not enact an ordinance for an uncommon circumstance. Rav Pappa said: This explains the folk saying that people say: If one says to you that your friend died, then believe it; but if one says to you that your friend became wealthy, do not believe it until it has been proven.

ืžืช ืฆืจื™ืš ืœื™ื˜ื•ืœ ืจืฉื•ืช ื•ื›ื•ืณ ืชื ื™ื ืจื‘ื™ ืื•ืžืจ ื™ื•ืจืฉื™ืŸ ืฉื™ืจืฉื• ื•ืžื™ ืื™ื›ื ื™ื•ืจืฉื™ืŸ ื“ืœื ื™ืจืชื™ ืืœื ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืฉื™ืจืฉื• ืงืจืงืข ื•ืœื ืฉื™ืจืฉื• ื›ืกืคื™ื

ยง The mishna teaches that if the priest or Levite died, the lender needs to obtain permission from the heirs to continue the arrangement. It is taught in a baraita (Tosefta 3:1): Rabbi Yehuda HaNasi says that this is referring to heirs who inherited. The Gemara asks: And are there heirs who do not inherit? What is meant by the expression: Heirs who inherit? Rather, Rabbi Yoแธฅanan said: This means heirs who inherited land, as one can collect debts from land bequeathed by a borrower, and not heirs who inherited money, as lenders cannot collect debts from money bequeathed by a borrower.

ืืžืจ ืจื‘ื™ ื™ื•ื ืชืŸ ื”ื ื™ื— ืžืœื ืžื—ื˜ ื’ื•ื‘ื” ืžืœื ืžื—ื˜ ืžืœื ืงืจื“ื•ื ื’ื•ื‘ื” ืžืœื ืงืจื“ื•ื ื•ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ืืคื™ืœื• ื”ื ื™ื— ืžืœื ืžื—ื˜ ื’ื•ื‘ื” ืžืœื ืงืจื“ื•ื

With regard to this matter Rabbi Yonatan says: If the priest left his heirs enough land to fill a needle, i.e., a minimal amount, then the homeowner collects, i.e., separates teruma, in the amount of produce that has the value of a full needle of land. If he left enough land to fill an ax, i.e., a larger amount, then the homeowner collects the value of a full ax of land. And Rabbi Yoแธฅanan says: Even if he left for his heirs enough land to fill a needle, the homeowner collects the value of a full ax of land.

ื•ื›ืžืขืฉื” ื“ืงื˜ื™ื ื ื“ืื‘ื™ื™

And this is like the incident involving the small portion of land in the court of Abaye. The children of a deceased man had inherited a small field that was worth only a fraction of the debt that their father had owed. The creditor seized the land in payment of the debt, and Abaye ruled that even after the orphans pay the creditor the value of the land to repurchase it, the creditor can seize the land again and the orphans will have to pay for it again, to have it returned, until the entire debt has been repaid.

ืชื ื• ืจื‘ื ืŸ ื™ืฉืจืืœ ืฉืืžืจ ืœืœื•ื™ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื• ื›ื•ืจ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื•

ยง The Sages taught in a baraita (Tosefta 3:2): With regard to an Israelite who said to a Levite: There is tithe of yours in my possession that I separated from my produce on your behalf, one is not concerned about the teruma of the tithe that is in it, i.e., the one-tenth of the tithe that is given to the priest and forbidden to both the Levite and the Israelite; rather it is assumed to be only first tithe. However, if he said to him: There is a kor of tithe of yours in my possession, then one is concerned about the teruma of the tithe that is in it.

ืžืื™ ืงืืžืจ ืืžืจ ืื‘ื™ื™ ื”ื›ื™ ืงืืžืจ ื™ืฉืจืืœ ืฉืืžืจ ืœืœื•ื™ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ื”ื™ืœืš ื“ืžื™ื• ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ ื›ื•ืจ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ื”ื™ืœืš ื“ืžื™ื• ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ

The Gemara asks: What is the baraita saying? Abaye said: This is what it is saying: In the case of an Israelite who said to a Levite: There is tithe of yours in my possession, and here is money in exchange for it, then one is not concerned that perhaps the Levite converted the tithe that is now in the possession of the Israelite into teruma of the tithe for tithes that he has elsewhere. Since the Israelite did not specify how much tithe of the Leviteโ€™s he had, the Levite would not know how much of his other tithe could be exempted from teruma of the tithe by converting this tithe into teruma of the tithe. But if an Israelite said to a Levite: There is a kor of tithe of yours in my possession, and here is money in exchange for it, then one is concerned that since the Levite knows the amount of the tithe, perhaps he converted it into the teruma of the tithe for tithes that he has elsewhere.

ืื˜ื• ื‘ืจืฉื™ืขื™ ืขืกืงื™ื ืŸ ื“ืฉืงืœื™ ื“ืžื™ ื•ืžืฉื•ื• ืœื™ื” ืชืจื•ืžืช ืžืขืฉืจ

The Gemara questions Abayeโ€™s explanation: Is that to say that we are dealing with wicked people, who take money in exchange for the tithe and afterward convert it into the teruma of the tithe? Once the Levite takes money in exchange for the tithe, it is no longer his to convert it into teruma of the tithe. Why would the baraita address the case of a Levite who acts in this fashion?

ืืœื ืืžืจ ืจื‘ ืžืฉืจืฉื™ื ื‘ืจื™ื” ื“ืจื‘ ืื™ื“ื™ ื”ื›ื™ ืงืืžืจ ื™ืฉืจืืœ ืฉืืžืจ ืœื‘ืŸ ืœื•ื™ ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ื”ื™ืœืš ื“ืžื™ื• ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืื‘ื™ื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ ื›ื•ืจ ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ื•ื”ื™ืœืš ื“ืžื™ื• ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืื‘ื™ื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ

Rather, Rav Mesharshiyya, son of Rav Idi, said that this is what the baraita is saying: In the case of an Israelite who said to the son of a Levite: There is tithe of your fatherโ€™s in my possession, about which I had informed him while he was still alive; here is money in exchange for it, one is not concerned that perhaps before his death his father converted it into teruma of the tithe for tithes that he had elsewhere, and the son may accept the money. But if an Israelite said to the son of a Levite: There is a kor of tithe of your fatherโ€™s in my possession, and here is money in exchange for it; then one is concerned that perhaps his father converted it into teruma of the tithe for tithes that he has elsewhere, and the son may not accept the money.

ื•ื›ื™ ื ื—ืฉื“ื• ื—ื‘ืจื™ื ืœืชืจื•ื ืฉืœื ืžืŸ ื”ืžื•ืงืฃ

The Gemara questions Rav Mesharshiyyaโ€™s explanation: Why is there a concern that the father may have converted it into teruma of the tithe for tithes that he had elsewhere? If one has produce that needs to have teruma or teruma of the tithe separated from it, and he wants to perform the separation from other produce, to exempt all the produce, the Sages established that the other produce must be situated nearby. And are แธฅaverim, who are meticulous in their observance of mitzvot, especially the halakhot of teruma and tithes, suspected of separating teruma from produce that is not situated near the produce they seek to exempt?

ืืœื ืืžืจ ืจื‘ ืืฉื™ ื”ื›ื™ ืงืืžืจ ื‘ืŸ ื™ืฉืจืืœ ืฉืืžืจ ืœืœื•ื™ ื›ืš ืืžืจ ืœื™ ืื‘ื ืžืขืฉืจ ืœืš ื‘ื™ื“ื™ ืื• ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื• ื›ื™ื•ืŸ ื“ืœื ืงื™ืฅ ืœื ื”ื•ื” ืžืชืงืŸ ืœื™ื” ื‘ืขืœ ื”ื‘ื™ืช ื›ื•ืจ ืžืขืฉืจ ืœืš ื‘ื™ื“ื™ ืื• ื›ื•ืจ ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื• ื›ื™ื•ืŸ ื“ืงื™ืฅ ืชืงื•ื ื™ ืชืงื ื™ื” ื‘ืขืœ ื”ื‘ื™ืช

Rather, Rav Ashi said: This is what the baraita is saying: With regard to the son of an Israelite who said to a Levite: This is what my father told me, that there is tithe of yours in my possession, or that there is tithe of your fatherโ€™s in my possession, then one is concerned about the teruma of the tithe that is in it that presumably was never separated. Since it is not a set amount, the homeowner would not have rendered the tithe fit for him by separating the teruma of the tithe. But if the son of an Israelite said to a Levite: My father told me that there is a kor of tithe of yours in my possession, or that there is a kor of tithe of your fatherโ€™s in my possession, then one is not concerned about the teruma of the tithe that is in it. Since it is a set amount, the homeowner is assumed to have rendered the tithe fit by separating the teruma of the tithe.

ื•ื›ื™ ื™ืฉ ืœื• ืจืฉื•ืช ืœื‘ืขืœ ื”ื‘ื™ืช ืœืชืจื•ื ืชืจื•ืžืช ืžืขืฉืจ ืื™ืŸ ืื‘ื ืืœืขื–ืจ ื‘ืŸ ื’ืžืœื ื”ื™ื ื“ืชื ื™ื ืื‘ื ืืœืขื–ืจ ื‘ืŸ ื’ืžืœื ืื•ืžืจ ื•ื ื—ืฉื‘ ืœื›ื ืชืจื•ืžืชื›ื

The Gemara questions Rav Ashiโ€™s explanation: And does the homeowner have permission to separate the teruma of the tithe from the tithe of the Levite? The Levite is the one who is required to separate the teruma of the tithe and to give it to a priest. The Gemara answers: Yes; the baraita is in accordance with the opinion of Abba Elazar ben Gamla. As it is taught in a baraita: Abba Elazar ben Gamla says: The verse states concerning the teruma of the tithe: โ€œAnd the gift that you set apart [terumatkhem] shall be reckoned to you, as though it were the grain of the threshing floorโ€ (Numbers 18:27).

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

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Gittin 30

The William Davidson Talmud | Powered by Sefaria

Gittin 30

ื›ื™ ืžืฉื•ื• ื‘ื™ืช ื“ื™ืŸ ืฉืœื™ื— ื‘ืคื ื™ื• ืื• ืฉืœื ื‘ืคื ื™ื• ื”ื“ืจ ืคืฉื˜ื” ื‘ื™ืŸ ื‘ืคื ื™ื• ื‘ื™ืŸ ืฉืœื ื‘ืคื ื™ื• ืฉืœื—ื• ืžืชื ื‘ื™ืŸ ื‘ืคื ื™ื• ื‘ื™ืŸ ืฉืœื ื‘ืคื ื™ื•

When the court appoints a second agent, must they do so in the presence of the first agent, or may it be when not in his presence? He then resolves it: The second agent may be appointed either in his presence and not in his presence. Similarly, they sent from there, from Eretz Yisrael, this ruling: The court may appoint another agent either in the presence of the first agent or not in his presence.

ื”ื”ื•ื ื“ืืžืจ ืื™ ืœื ืืชื™ื ื ืขื“ ืชืœืชื™ืŸ ื™ื•ืžื™ืŸ ืœื™ื”ื•ื™ ื’ื™ื˜ื ืืชื ื•ืคืกืงื™ื” ืžื‘ืจื ืืžืจ ืœื”ื• ื—ื–ื• ื“ืืชืื™ ื—ื–ื• ื“ืืชืื™ ืืžืจ ืฉืžื•ืืœ ืœื ืฉืžื™ื” ืžืชื™ื

ยง The Gemara relates another incident, involving a certain man who said to the agents with whom he entrusted a bill of divorce: If I do not arrive from now until thirty days have passed, let this be a bill of divorce. He came at the end of the thirtieth day, but he was prevented from crossing the river by the fact that the ferry was located on the other side of the river, so he did not cross the river within the designated time. He said to the people across the river: See that I have arrived, see that I have arrived. Shmuel said: That is not considered to be an arrival, even though it is clear that he intended to arrive, so the bill of divorce is valid.

ื”ื”ื•ื ื“ืืžืจ ืœื”ื• ืื™ ืœื ืคื™ื™ืกื ื ืœื” ืขื“ ืชืœืชื™ืŸ ื™ื•ืžื™ืŸ ืœื™ื”ื•ื™ ื’ื™ื˜ื ืื–ืœ ืคื™ื™ืกื” ื•ืœื ืื™ืคื™ื™ืกื ืืžืจ ืจื‘ ื™ื•ืกืฃ ืžื™ ื™ื”ื™ื‘ ืœื” ืชืจืงื‘ื ื“ื“ื™ื ืจื™ ื•ืœื ืื™ืคื™ื™ืกื

The Gemara relates: There was an incident involving a certain man who said to agents with whom he had deposited a bill of divorce: If I do not appease my wife within thirty days, let this be a bill of divorce. He went to appease her, but she was not appeased. Rav Yosef said: Did he give her a large vessel [tarkeva] full of dinars but she was not appeased? Although his inability to appease her was a result of his lack of financial means, since he did not properly fulfill his condition to appease her, the bill of divorce is valid.

ืื™ื›ื ื“ืืžืจื™ ืืžืจ ืจื‘ ื™ื•ืกืฃ ืžื™ื“ื™ ืชืจืงื‘ื ื“ื“ื™ื ืจื™ ื‘ืขื™ ืœืžื™ืชื‘ ืœื” ื”ื ืคื™ื™ืกื” ื•ืœื ืื™ืคื™ื™ืกื

There are those who say a different version of the statement, that Rav Yosef said: Did he need to give her a vessel full of dinars in order to appease her? This is a situation where he attempted to appease her, but she was not appeased. Therefore, he did fulfill his condition, and the bill of divorce is not effective, as it is not his fault that she was not appeased.

ื”ื ื›ืžืืŸ ื“ืืžืจ ื™ืฉ ืื•ื ืก ื‘ื’ื™ื˜ื™ืŸ ื”ื ื›ืžืืŸ ื“ืืžืจ ืื™ืŸ ืื•ื ืก ื‘ื’ื™ื˜ื™ืŸ

The Gemara explains the difference between the first and second versions of Rav Yosefโ€™s statement: This second version, in which the bill of divorce does not take effect, is according to the one who says: Circumstances beyond oneโ€™s control have legal standing with regard to bills of divorce. Therefore, the bill of divorce is not valid, as the husband did all he could to appease her. This first version, in which the bill of divorce is valid, is according to the one who says: Circumstances beyond oneโ€™s control have no legal standing with regard to bills of divorce.

ืžืชื ื™ืณ ื”ืžืœื•ื” ืžืขื•ืช ืืช ื”ื›ื”ืŸ ื•ืืช ื”ืœื•ื™ ื•ืืช ื”ืขื ื™ ืœื”ื™ื•ืช ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ืžื—ืœืงืŸ ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ื‘ื—ื–ืงืช ืฉื”ืŸ ืงื™ื™ืžื™ืŸ ื•ืื™ื ื• ื—ื•ืฉืฉ ืฉืžื ืžืช ื”ื›ื”ืŸ ืื• ื”ืœื•ื™ ืื• ื”ืขืฉื™ืจ ื”ืขื ื™

MISHNA: The mishna continues the discussion of the presumption that a person remains alive. With regard to one who lends money to a priest, or to a Levite, or to a poor person, with the understanding that he will separate their portion of the teruma and tithes from his produce on the basis of that money, i.e., he will subtract from the debt owed by the priest or Levite the value of the teruma and tithes separated from the produce, he may separate the teruma and tithes from his produce on the basis of that money with the presumption that they are still alive, and he need not be concerned that perhaps the priest or the Levite died in the interim, or that the poor person became rich and is no longer eligible to be given the poor manโ€™s tithe. The priest or Levite benefits from this arrangement, as he receives his gifts up front in the form of a loan. The Israelite benefits in that he does not need to seek out a priest or Levite each time he has produce from which he must separate teruma and tithes.

ืžืชื• ืฆืจื™ืš ืœื™ื˜ื•ืœ ืจืฉื•ืช ืžืŸ ื”ื™ื•ืจืฉื™ื ืื ื”ืœื•ื•ืŸ ื‘ืคื ื™ ื‘ื™ืช ื“ื™ืŸ ืื™ื ื• ืฆืจื™ืš ืœื™ื˜ื•ืœ ืจืฉื•ืช ืžืŸ ื”ื™ื•ืจืฉื™ืŸ

If in fact they died, then he must obtain permission from the heirs in order to continue the arrangement. However, if he lent money to the deceased, and he stipulated in the presence of the court that the debt would be repaid in this manner, then he does not need to obtain permission from the heirs.

ื’ืžืณ ื•ืืฃ ืขืœ ื’ื‘ ื“ืœื ืืชื• ืœื™ื“ื™ื”

GEMARA: The mishna assumes that the priest, Levite, and poor person acquire the teruma and tithes that the creditor separates from his produce, but they agree at the time of the loan that the tithes and teruma will then be acquired by the creditor as payment of their debt. The Gemara asks: And can the priest, Levite, and poor person transfer possession of the terumot or tithes back to the creditor even though the produce did not come into their possession?

ืืžืจ ืจื‘ ื‘ืžื›ืจื™ ื›ื”ื•ื ื” ื•ืœื•ื™ื” ื•ืฉืžื•ืืœ ืืžืจ ื‘ืžื–ื›ื” ืœื”ื ืขืœ ื™ื“ื™ ืื—ืจื™ื ืขื•ืœื ืืžืจ ื”ื ืžื ื™ ืจื‘ื™ ื™ื•ืกื™ ื”ื™ื ื“ืืžืจ ืขืฉื• ืืช ืฉืื™ื ื• ื–ื•ื›ื” ื›ื–ื•ื›ื”

Rav says: This is stated with regard to associates of the priesthood and the Levites, i.e., people who have an arrangement with a specific priest or Levite to give him their teruma or tithes. The specific priest or Levite therefore has a presumptive status of ownership of the tithes or teruma and is considered to have acquired them. And Shmuel says: This is stated with regard to one who has the priest or Levite acquire the gifts through the act of acquisition of others, who acquire the teruma and tithes on their behalf. The lender is then able to reclaim the gifts as repayment of the loan. Ulla said: In accordance with whose opinion is this mishna? It is the opinion of Rabbi Yosei, who says in other contexts: The Sages, by means of an ordinance, rendered one who does not acquire like one who acquires. Here, too, the Sages instituted an ordinance to enable this arrangement.

ื›ื•ืœื”ื• ื›ืจื‘ ืœื ืืžืจื™ ื‘ืžื›ืจื™ ืœื ืงืชื ื™ ื›ืฉืžื•ืืœ ืœื ืงืืžืจื™ ื‘ืžื–ื›ื” ืœื ืงืชื ื™ ื›ืขื•ืœื ื ืžื™ ืœื ืืžืจื™ ื›ื™ื—ื™ื“ืื” ืœื ืžื•ืงืžื™ื ืŸ

The Gemara explains why each of the aforementioned Sages disagreed with the others. All the other Sages, i.e., Shmuel and Ulla, do not state their opinions in accordance with the opinion of Rav, because the mishna does not teach explicitly that the halakha is stated with regard to associates of the priesthood and the Levites. Rav and Ulla do not state their opinions in accordance with the opinion of Shmuel because the mishna does not teach that this halakha is stated with regard to one who has the priest or Levite acquire the gifts through the act of acquisition of others. Rav and Shmuel also do not state their opinions in accordance with the opinion of Ulla because we do not establish the mishna to be stated in accordance with an individual opinion, in this case Rabbi Yosei; rather, the assumption is that the ruling of the mishna is written in accordance with the majority opinion.

ืชื ื• ืจื‘ื ืŸ ื”ืžืœื•ื” ืžืขื•ืช ืืช ื”ื›ื”ืŸ ื•ืืช ื”ืœื•ื™ ื•ืืช ื”ืขื ื™ ืœื”ื™ื•ืช ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ืžื—ืœืงืŸ ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ื‘ื—ื–ืงืช ืฉื”ืŸ ืงื™ื™ืžื™ืŸ

ยง The Sages taught in a baraita (Tosefta 3:1): With regard to one who lends money to a priest, or to a Levite, or to a poor person with the understanding that he will separate their portion of the teruma and tithes from his produce on the basis of that money, he may separate the teruma and tithes from his produce on the basis of that money, with the presumption that they are still alive.

ื•ืคื•ืกืง ืขืžื”ืŸ ื›ืฉืขืจ ื”ื–ื•ืœ ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืจื‘ื™ืช ื•ืื™ืŸ ืฉื‘ื™ืขื™ืช ืžืฉืžื˜ืชื•

The baraita continues: And he may contract with them according to the low market rate, i.e., he may set a price for the gifts that he will separate in the future based on either their value at the time of the loan, or their value when they will be separated, whichever is lower. And this is not subject to the prohibition of interest, meaning that if the market rate falls, it will not be considered as though they are repaying in excess of the amount of the loan. And the Sabbatical Year does not cancel this loan; even after the Sabbatical Year, the lender may continue to collect his debt in this manner.

ื•ืื ื‘ื ืœื—ื–ื•ืจ ืื™ื ื• ื—ื•ื–ืจ ื ืชื™ื™ืืฉื• ื”ื‘ืขืœื™ื ืื™ืŸ ืžืคืจื™ืฉ ืขืœื™ื”ื ืœืคื™ ืฉืื™ืŸ ืžืคืจื™ืฉื™ืŸ ืขืœ ื”ืื‘ื•ื“

The baraita continues: And if the lender seeks to renege on this agreement, he may not renege. If the owner despaired of retrieving the loan, as he thought that he would not need to separate any teruma or tithes and therefore thought that he would not collect payment for the loan, although it later became clear that he was mistaken, he may not separate the teruma and tithes from his produce on the basis of that money, because one may not separate teruma and tithes on the basis of oneโ€™s loan that one had thought lost. Once he despaired of retrieving the loan, the sum of the loan is permanently acquired by the borrowers and the lender may not use the tithes and teruma to serve as repayment.

ืืžืจ ืžืจ ืคื•ืกืง ืขืžื”ื ื›ืฉืขืจ ื”ื–ื•ืœ ืคืฉื™ื˜ื ื”ื ืงื ืžืฉืžืข ืœืŸ ืืฃ ืขืœ ืคื™ ืฉืœื ืคืกืง ื›ืžื™ ืฉืคืกืง ื“ืžื™

The Gemara clarifies the rulings of the baraita: The Master said: He may contract with them according to the low market rate. The Gemara asks: Isnโ€™t this obvious? The Gemara answers: This teaches us that even though he did not contract explicitly that he would use the lower market price, he is considered like one who did so contract and may do so anyway.

ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืจื‘ื™ืช ืžืื™ ื˜ืขืžื ื›ื™ื•ืŸ ื“ื›ื™ ืœื™ืช ืœื™ื” ืœื ื™ื”ื™ื‘ ืœื™ื” ื›ื™ ืื™ืช ืœื™ื” ื ืžื™ ืื™ืŸ ื‘ื• ืžืฉื•ื ืจื‘ื™ืช

The baraita also teaches: And this is not subject to the prohibition of interest. The Gemara asks: What is the reason for this? The Gemara answers: Since, when the priest or Levite has no teruma or tithes that he received from the creditor, e.g., when the grain in the field did not sprout due to a drought, he does not give anything to the creditor in repayment of the loan, this indicates that it is not a true loan. Therefore, when the priest or Levite has teruma and tithes, this also is not subject to the prohibition of interest.

ื•ืื™ืŸ ืฉื‘ื™ืขื™ืช ืžืฉืžื˜ืชื• ื“ืœื ืงืจื™ื ื ื‘ื™ื” ืœื ื™ื’ื•ืฉ

The baraita also teaches: And the Sabbatical Year does not cancel this loan. The Gemara explains: The reason is that concerning this loan, one cannot read the verse stated with regard to the cancellation of debts by the occurrence of the Sabbatical Year: โ€œHe shall not exact it of his neighbor and his brother; because the Lordโ€™s release has been proclaimedโ€ (Deuteronomy 15:2). Since in any event one cannot claim repayment of this type of loan, it is not addressed by the verse in question.

ื•ืื ื‘ื ืœื—ื–ื•ืจ ืื™ื ื• ื—ื•ื–ืจ ืืžืจ ืจื‘ ืคืคื ืœื ืฉื ื• ืืœื ื‘ืขืœ ื”ื‘ื™ืช ื‘ื›ื”ืŸ ืื‘ืœ ื›ื”ืŸ ื‘ื‘ืขืœ ื”ื‘ื™ืช ืื ื‘ื ืœื—ื–ื•ืจ ื—ื•ื–ืจ ื“ืชื ืŸ ื ืชืŸ ืœื• ืžืขื•ืช ื•ืœื ืžืฉืš ื”ื™ืžื ื• ืคื™ืจื•ืช ื™ื›ื•ืœ ืœื—ื–ื•ืจ ื‘ื•

The baraita also teaches: And if the lender seeks to renege on this agreement, he cannot renege. Rav Pappa said: They taught this only with regard to a homeowner, i.e., an owner of produce, who wishes to renege on his agreement with a priest. In that situation, the homeowner cannot demand repayment of the loan with money. However, with regard to a priest who wishes to renege on his agreement with a homeowner, if he seeks to renege, he may renege. What is the reason for this? As we learned in a mishna (Bava Metzia 44a): In any transaction, if the purchaser gave the seller money but did not yet pull the produce, then the seller can renege on the sale. Here, since the priest received money and the homeowner did not yet formally acquire the produce, the priest can renege on the agreement.

ื ืชื™ื™ืืฉื• ื”ื‘ืขืœื™ื ืื™ืŸ ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ืœืคื™ ืฉืื™ืŸ ืžืคืจื™ืฉื™ืŸ ืขืœ ื”ืื‘ื•ื“ ืคืฉื™ื˜ื ืœื ืฆืจื™ื›ื ื“ืืงื•ืŸ ืžื”ื• ื“ืชื™ืžื ืืงื ืชื ืžื™ืœืชื ื”ื™ื ืงื ืžืฉืžืข ืœืŸ

The baraita also teaches: If the owner despaired of retrieving the loan, he may not separate the teruma and tithes from his produce on the basis of that money because one may not separate teruma and tithes on the basis of a loan that he had thought lost. The Gemara asks: Isnโ€™t this obvious, as he is no longer owed the money? The Gemara answers: No, it is necessary to teach this halakha in a case where the seeds produced stalks and became dried out. Lest you say that growth of stalks is a significant matter, as there is a chance that the produce will still grow and so he does not fully despair, the baraita teaches us that even in such a situation, since the produce is very unlikely to recover, he does despair of retrieving the loan.

ืชื ื™ื ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ืื•ืžืจ ื”ืžืœื•ื” ืžืขื•ืช ืืช ื”ื›ื”ืŸ ื•ืืช ื”ืœื•ื™ ื‘ื‘ื™ืช ื“ื™ืŸ ื•ืžืชื• ืžืคืจื™ืฉ ืขืœื™ื”ืŸ ื‘ื—ื–ืงืช ืื•ืชื• ื”ืฉื‘ื˜ ื•ืืช ื”ืขื ื™ ื‘ื‘ื™ืช ื“ื™ืŸ ื•ืžืช ืžืคืจื™ืฉ ืขืœื™ื• ื‘ื—ื–ืงืช ืขื ื™ื™ ื™ืฉืจืืœ ืจื‘ื™ ืื—ื™ ืื•ืžืจ ื‘ื—ื–ืงืช ืขื ื™ื™ ืขื•ืœื

ยง It is taught in a baraita (Tosefta 3:1) that Rabbi Eliezer ben Yaโ€™akov says: With regard to one who lends money to a priest or to a Levite in court and they died before repaying the loan, he separates teruma and tithes on the basis of that money with the presumption that there is one from that tribe who inherited from them, and he need not confirm that the deceased priest or Levite has immediate heirs. He then continues the arrangement based on the transfer of the debt to the heirs. And if he lent money to a poor person in court, and the poor person died before repaying the loan, the creditor separates tithes on the basis of that money with the presumption that the poor of the Jewish people would agree to continue the arrangement. Rabbi Aแธฅai says: It is with the presumption that the poor of the world would agree to continue the arrangement.

ืžืื™ ื‘ื™ื ื™ื™ื”ื•

The Gemara asks: What is the difference between the opinion of Rabbi Eliezer ben Yaโ€™akov and the opinion of Rabbi Aแธฅai? Rabbi Aแธฅai too must have meant only poor Jews and not poor gentiles, who are not given tithes.

ืื™ื›ื ื‘ื™ื ื™ื™ื”ื• ืขื ื™ื™ ื›ื•ืชื™ื™ื

The Gemara answers: There is a difference between them where the only poor people to be found are poor Samaritans. According to Rabbi Eliezer ben Yaโ€™akov, they are not considered to be converts (see Kiddushin 75b), and one may not continue the arrangement with them serving as the poor people. According to Rabbi Aแธฅai, they are considered converts, and one may continue the arrangement with them serving as the poor people.

ื”ืขืฉื™ืจ ื”ืขื ื™ ืื™ืŸ ืžืคืจื™ืฉ ืขืœื™ื• ื•ื–ื›ื” ื”ืœื” ื‘ืžื” ืฉื‘ื™ื“ื•

It was taught in a baraita (Tosefta 3:1) that if the poor person became wealthy then the homeowner may no longer separate tithes based on his outstanding loan, and the borrower, who is now wealthy, acquires the money remaining in his possession. This is because from the outset the understanding was that the loan would be repaid only by separating the poor manโ€™s tithe.

ื•ืจื‘ื ืŸ ืžืื™ ืฉื ื ืœืžื™ืชื” ื“ืขื‘ื•ื“ ืชืงื ืชื ื•ืžืื™ ืฉื ื ืœืขืฉื™ืจื•ืช ื“ืœื ืขื‘ื•ื“ ืชืงื ืชื ืžื™ืชื” ืฉื›ื™ื—ื ืขืฉื™ืจื•ืช ืœื ืฉื›ื™ื—ื ืืžืจ ืจื‘ ืคืคื ื”ื™ื™ื ื• ื“ืืžืจื™ ืื™ื ืฉื™ ื—ื‘ืจืš ืžื™ืช ืืฉืจ ืื™ืชืขืฉืจ ืœื ืชืืฉืจ

The Gemara asks: And according to the Sages, what is different about death, when the poor man dies, that they instituted an ordinance to enable the homeowner to continue to separate tithes based on other poor people, and what is different about wealth, when the poor man becomes wealthy, that they did not institute an ordinance? The Gemara answers: Death is common, whereas wealth is not common, and the Sages did not enact an ordinance for an uncommon circumstance. Rav Pappa said: This explains the folk saying that people say: If one says to you that your friend died, then believe it; but if one says to you that your friend became wealthy, do not believe it until it has been proven.

ืžืช ืฆืจื™ืš ืœื™ื˜ื•ืœ ืจืฉื•ืช ื•ื›ื•ืณ ืชื ื™ื ืจื‘ื™ ืื•ืžืจ ื™ื•ืจืฉื™ืŸ ืฉื™ืจืฉื• ื•ืžื™ ืื™ื›ื ื™ื•ืจืฉื™ืŸ ื“ืœื ื™ืจืชื™ ืืœื ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืฉื™ืจืฉื• ืงืจืงืข ื•ืœื ืฉื™ืจืฉื• ื›ืกืคื™ื

ยง The mishna teaches that if the priest or Levite died, the lender needs to obtain permission from the heirs to continue the arrangement. It is taught in a baraita (Tosefta 3:1): Rabbi Yehuda HaNasi says that this is referring to heirs who inherited. The Gemara asks: And are there heirs who do not inherit? What is meant by the expression: Heirs who inherit? Rather, Rabbi Yoแธฅanan said: This means heirs who inherited land, as one can collect debts from land bequeathed by a borrower, and not heirs who inherited money, as lenders cannot collect debts from money bequeathed by a borrower.

ืืžืจ ืจื‘ื™ ื™ื•ื ืชืŸ ื”ื ื™ื— ืžืœื ืžื—ื˜ ื’ื•ื‘ื” ืžืœื ืžื—ื˜ ืžืœื ืงืจื“ื•ื ื’ื•ื‘ื” ืžืœื ืงืจื“ื•ื ื•ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ืืคื™ืœื• ื”ื ื™ื— ืžืœื ืžื—ื˜ ื’ื•ื‘ื” ืžืœื ืงืจื“ื•ื

With regard to this matter Rabbi Yonatan says: If the priest left his heirs enough land to fill a needle, i.e., a minimal amount, then the homeowner collects, i.e., separates teruma, in the amount of produce that has the value of a full needle of land. If he left enough land to fill an ax, i.e., a larger amount, then the homeowner collects the value of a full ax of land. And Rabbi Yoแธฅanan says: Even if he left for his heirs enough land to fill a needle, the homeowner collects the value of a full ax of land.

ื•ื›ืžืขืฉื” ื“ืงื˜ื™ื ื ื“ืื‘ื™ื™

And this is like the incident involving the small portion of land in the court of Abaye. The children of a deceased man had inherited a small field that was worth only a fraction of the debt that their father had owed. The creditor seized the land in payment of the debt, and Abaye ruled that even after the orphans pay the creditor the value of the land to repurchase it, the creditor can seize the land again and the orphans will have to pay for it again, to have it returned, until the entire debt has been repaid.

ืชื ื• ืจื‘ื ืŸ ื™ืฉืจืืœ ืฉืืžืจ ืœืœื•ื™ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื• ื›ื•ืจ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื•

ยง The Sages taught in a baraita (Tosefta 3:2): With regard to an Israelite who said to a Levite: There is tithe of yours in my possession that I separated from my produce on your behalf, one is not concerned about the teruma of the tithe that is in it, i.e., the one-tenth of the tithe that is given to the priest and forbidden to both the Levite and the Israelite; rather it is assumed to be only first tithe. However, if he said to him: There is a kor of tithe of yours in my possession, then one is concerned about the teruma of the tithe that is in it.

ืžืื™ ืงืืžืจ ืืžืจ ืื‘ื™ื™ ื”ื›ื™ ืงืืžืจ ื™ืฉืจืืœ ืฉืืžืจ ืœืœื•ื™ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ื”ื™ืœืš ื“ืžื™ื• ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ ื›ื•ืจ ืžืขืฉืจ ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ื”ื™ืœืš ื“ืžื™ื• ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ

The Gemara asks: What is the baraita saying? Abaye said: This is what it is saying: In the case of an Israelite who said to a Levite: There is tithe of yours in my possession, and here is money in exchange for it, then one is not concerned that perhaps the Levite converted the tithe that is now in the possession of the Israelite into teruma of the tithe for tithes that he has elsewhere. Since the Israelite did not specify how much tithe of the Leviteโ€™s he had, the Levite would not know how much of his other tithe could be exempted from teruma of the tithe by converting this tithe into teruma of the tithe. But if an Israelite said to a Levite: There is a kor of tithe of yours in my possession, and here is money in exchange for it, then one is concerned that since the Levite knows the amount of the tithe, perhaps he converted it into the teruma of the tithe for tithes that he has elsewhere.

ืื˜ื• ื‘ืจืฉื™ืขื™ ืขืกืงื™ื ืŸ ื“ืฉืงืœื™ ื“ืžื™ ื•ืžืฉื•ื• ืœื™ื” ืชืจื•ืžืช ืžืขืฉืจ

The Gemara questions Abayeโ€™s explanation: Is that to say that we are dealing with wicked people, who take money in exchange for the tithe and afterward convert it into the teruma of the tithe? Once the Levite takes money in exchange for the tithe, it is no longer his to convert it into teruma of the tithe. Why would the baraita address the case of a Levite who acts in this fashion?

ืืœื ืืžืจ ืจื‘ ืžืฉืจืฉื™ื ื‘ืจื™ื” ื“ืจื‘ ืื™ื“ื™ ื”ื›ื™ ืงืืžืจ ื™ืฉืจืืœ ืฉืืžืจ ืœื‘ืŸ ืœื•ื™ ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ื”ื™ืœืš ื“ืžื™ื• ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืื‘ื™ื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ ื›ื•ืจ ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ื•ื”ื™ืœืš ื“ืžื™ื• ื—ื•ืฉืฉื™ืŸ ืฉืžื ืขืฉืื• ืื‘ื™ื• ืชืจื•ืžืช ืžืขืฉืจ ืขืœ ืžืงื•ื ืื—ืจ

Rather, Rav Mesharshiyya, son of Rav Idi, said that this is what the baraita is saying: In the case of an Israelite who said to the son of a Levite: There is tithe of your fatherโ€™s in my possession, about which I had informed him while he was still alive; here is money in exchange for it, one is not concerned that perhaps before his death his father converted it into teruma of the tithe for tithes that he had elsewhere, and the son may accept the money. But if an Israelite said to the son of a Levite: There is a kor of tithe of your fatherโ€™s in my possession, and here is money in exchange for it; then one is concerned that perhaps his father converted it into teruma of the tithe for tithes that he has elsewhere, and the son may not accept the money.

ื•ื›ื™ ื ื—ืฉื“ื• ื—ื‘ืจื™ื ืœืชืจื•ื ืฉืœื ืžืŸ ื”ืžื•ืงืฃ

The Gemara questions Rav Mesharshiyyaโ€™s explanation: Why is there a concern that the father may have converted it into teruma of the tithe for tithes that he had elsewhere? If one has produce that needs to have teruma or teruma of the tithe separated from it, and he wants to perform the separation from other produce, to exempt all the produce, the Sages established that the other produce must be situated nearby. And are แธฅaverim, who are meticulous in their observance of mitzvot, especially the halakhot of teruma and tithes, suspected of separating teruma from produce that is not situated near the produce they seek to exempt?

ืืœื ืืžืจ ืจื‘ ืืฉื™ ื”ื›ื™ ืงืืžืจ ื‘ืŸ ื™ืฉืจืืœ ืฉืืžืจ ืœืœื•ื™ ื›ืš ืืžืจ ืœื™ ืื‘ื ืžืขืฉืจ ืœืš ื‘ื™ื“ื™ ืื• ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื• ื›ื™ื•ืŸ ื“ืœื ืงื™ืฅ ืœื ื”ื•ื” ืžืชืงืŸ ืœื™ื” ื‘ืขืœ ื”ื‘ื™ืช ื›ื•ืจ ืžืขืฉืจ ืœืš ื‘ื™ื“ื™ ืื• ื›ื•ืจ ืžืขืฉืจ ืœืื‘ื™ืš ื‘ื™ื“ื™ ืื™ืŸ ื—ื•ืฉืฉื™ืŸ ืœืชืจื•ืžืช ืžืขืฉืจ ืฉื‘ื• ื›ื™ื•ืŸ ื“ืงื™ืฅ ืชืงื•ื ื™ ืชืงื ื™ื” ื‘ืขืœ ื”ื‘ื™ืช

Rather, Rav Ashi said: This is what the baraita is saying: With regard to the son of an Israelite who said to a Levite: This is what my father told me, that there is tithe of yours in my possession, or that there is tithe of your fatherโ€™s in my possession, then one is concerned about the teruma of the tithe that is in it that presumably was never separated. Since it is not a set amount, the homeowner would not have rendered the tithe fit for him by separating the teruma of the tithe. But if the son of an Israelite said to a Levite: My father told me that there is a kor of tithe of yours in my possession, or that there is a kor of tithe of your fatherโ€™s in my possession, then one is not concerned about the teruma of the tithe that is in it. Since it is a set amount, the homeowner is assumed to have rendered the tithe fit by separating the teruma of the tithe.

ื•ื›ื™ ื™ืฉ ืœื• ืจืฉื•ืช ืœื‘ืขืœ ื”ื‘ื™ืช ืœืชืจื•ื ืชืจื•ืžืช ืžืขืฉืจ ืื™ืŸ ืื‘ื ืืœืขื–ืจ ื‘ืŸ ื’ืžืœื ื”ื™ื ื“ืชื ื™ื ืื‘ื ืืœืขื–ืจ ื‘ืŸ ื’ืžืœื ืื•ืžืจ ื•ื ื—ืฉื‘ ืœื›ื ืชืจื•ืžืชื›ื

The Gemara questions Rav Ashiโ€™s explanation: And does the homeowner have permission to separate the teruma of the tithe from the tithe of the Levite? The Levite is the one who is required to separate the teruma of the tithe and to give it to a priest. The Gemara answers: Yes; the baraita is in accordance with the opinion of Abba Elazar ben Gamla. As it is taught in a baraita: Abba Elazar ben Gamla says: The verse states concerning the teruma of the tithe: โ€œAnd the gift that you set apart [terumatkhem] shall be reckoned to you, as though it were the grain of the threshing floorโ€ (Numbers 18:27).

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