Mishnah Maaserot

1 They said a general principle concerning tithes: whatever is food, and is looked after, and grows from the land, is liable for tithes. And they have further stated another general principle concerning tithes: whatever is considered food both at the beginning and at the conclusion of its growth, even though he holds on to it in order to increase the quantity of food, is liable to tithe whether it is harvested in its earlier or later stages. But whatever is not considered food in the earlier stages of its growth but only in its later stages, is not liable to tithe until it can be considered food.

2 When do fruits become liable for tithes? Figs from the time they begin to ripen. Grapes and wild grapes in the early stages of ripening. Sumac and mulberries after they become red; similarly all red fruits, after they become red. Pomegranates, when the insides become soft. Dates when they begin to swell. Peaches when red veins begin to show. Walnuts when the nuts are separate from the shell. Rabbi Judah says: walnuts and almonds, after their inner skins have been formed.

3 Carobs are liable to tithes after they form dark spots; similarly all black fruits after they form dark spots. Pears and Crustumenian pears, quinces, and medlars are liable to tithes after their surface begins to grow smooth; similarly all white fruits, after their surface begins to grow smooth. Fenugreek is liable to tithe when the seeds can be planted and will grow. Grain and olives after they are one-third ripe.

4 With regard to when vegetables are liable to tithes: cucumbers, gourds, watermelons, cucumber-melons, apples and etrogs are liable for tithes, whether gathered in the earlier or later stages of ripening. Rabbi Shimon exempts the etrog in the earlier stages. The condition in which bitter almonds are liable to tithes is exempt in the case of sweet almonds, and the condition in which sweet almonds are liable to tithe is exempt in the case of bitter almonds.

5 What is considered a “threshing floor” for tithes, that is, when does produce become liable for tithes? Cucumbers and gourds are liable for tithes once he removes their fuzz. And if he doesn’t remove it, once he makes a pile. Melons once he removes the fuzz with hot water. And if he does not remove the fuzz, once he stores them in the muktzeh. Vegetables which are tied in bundles, from the time he ties them up in bundles. If he does not tie them up in bundles, until he fills the vessel with them. And if he does not fill the vessel, after he has gathered all that he wishes to gather. Produce which is packed in a basket is liable for tithes after he has covered it. If he is not going to cover it, until he fills the vessel with them. And if he does not fill the vessel, after he has gathered all that he wishes to gather. When does this apply? When one brings the produce to the market. But when he brings it to his own house, he may make a chance meal of it, until he reaches his house.

6 Dried pomegranate seeds, raisins and carobs, are liable for tithes after he has made a pile. Onions, once he removes the onion seeds. If he does not remove the onion seeds, after he makes a pile. Grain, once he smooths out the pile. If he does not smooth the pile, after he makes a pile. Pulse, after he has sifted it. If he does not sift, after he smooths out a pile. Even after he has smoothed out the pile, he may, without tithing, take from the broken ears, from the sides of the piles, and from that which is mixed in with the chaff, and eat.

7 Wine is liable for tithes after it has been skimmed in the lower part of the winepress. Even though it has been skimmed, he may take from the upper winepress, or from the duct, and drink without taking out tithe. Oil is liable for tithes after it has gone down into the trough. But even after it has gone down into the trough he may still take oil from the pressing bale, or from the press beam, or from the boards between the press without tithing. And he may put such oil on a cake, or large plate. But he should not put the oil in a dish or stewpot, while they are boiling. Rabbi Judah says: he may put it into anything except that which contains vinegar or brine.

8 A cake of pressed figs is liable for tithes from the moment it has been smoothed out with fruit juice. They may smooth them out with the juice of untithed figs or grapes. Rabbi Judah forbids this. If one smoothed with grapes, it is not susceptible to uncleanness. Rabbi Judah says it is susceptible. Dried figs are liable to tithe after they have been pressed into a jar. And figs stored in a bin are liable to tithe after they have been pressed. If one was pressing the figs into a jar, or pressing them in a storage bin, and the jar was broken or the storage bin opened, he may not make a chance meal of them. Rabbi Yose permits this.

1 If one was passing through the street, and said, “Take for yourself from my figs,” one may eat them and be exempt from tithes. Therefore if they brought them into their houses, they must separate tithes and terumah as if they were certainly untithed. If he said, “Take and bring it into your houses,” they may not make a chance meal of them. Therefore if they brought them into their houses, they need tithe them only as demai.

2 If they were sitting at the gate or a shop, and one said to them, “Take for yourselves figs,” they may eat and be exempt from tithes, but the owner of the gate, or the owner of the shop, is liable to give tithe. Rabbi Judah exempts him unless he turns his face or changes the place where he was sitting and selling.

3 One who brings produce from the Galilee to Judea, or if he goes up to Jerusalem, he may eat of them until he arrives at the place to which he intends to go, and the same is true when he returns. Rabbi Meir says: he may eat until he reaches the place where he intends to rest on Shabbat. But peddlers who travel from town to town may eat until they reach the place where they intend to stay overnight. Rabbi Judah says: the first house he reaches is his house.

4 Produce from which he separated terumah before its work was finished: Rabbi Eliezer says: it is forbidden to make a chance meal of it, but the sages permit it except when it is a basket of figs. A basket of figs from which one separated terumah: Rabbi Shimon permits it. But the sages forbid it.

5 One who says to his friend: “Here is this issar, give me five figs for it,” he may not eat of them until he has tithed them, the words of Rabbi Meir. Rabbi Judah says: if he ate them one by one, he is exempt, but if he gathered them to eat them together, he is liable to tithe. Rabbi Judah said: it happened in a rose-garden in Jerusalem that there were figs being sold three or four for an issar, and neither terumah nor tithe was ever given from it.

6 One who says to his friend: “Here is an issar for ten figs which I choose for myself,” he may choose them and eat one at a time without tithing. If he said, “For a cluster of grapes which I choose for myself,” he may pick grapes from the cluster and eat. If he said, “For a pomegranate which I choose for myself,” he may take apart the pomegranate and eat it one piece at a time. If he said, “For a watermelon which I choose for myself,” he may slice and eat it one piece at a time. But if he said, “For these twenty figs,” or “For these two clusters,” or “For these two watermelons,” he may eat them in his usual way and be exempt from tithe, because he bought them while they were still attached to the ground.

7 One who has hired a worker to help him harvest figs, and the worker said to him, “On condition that I may eat the figs,” he may eat them and he is exempt from tithing. If he said, “On condition that I and my son may eat,” or “that my son may eat of them in lieu of my receiving a wage,” he may eat and he is exempt from tithing, but his son, though he may eat, is liable for tithes. If he said, “On condition that I may eat of them during the time of the fig harvest, and after the fig harvest,” during the time of the fig harvest he may eat and he is exempt from tithing, but if he eats after the fig harvest he is liable, since he does not eat of them in the manner mandated by the Torah. This is the general rule: one who eats in a manner mandated by the Torah is exempt from tithes, and one who does not eat in the manner mandated by the Torah is liable.

8 If a man is working as a hired worker among cooking figs, he may not eat of white figs, and if among white figs, he may not eat of cooking figs, but he may restrain himself until he reaches the place where there are the better figs, and then he may eat. If a man exchanges with his friend either figs for eating for figs for eating, or figs to be dried for figs to be dried, or figs for eating for figs to be dried, then he is liable to give tithes. Rabbi Judah says: one who exchanges figs for other figs for eating is liable, but if for figs for drying, he is exempt.

1 One who was taking figs through his courtyard to be dried, his children and the other members of his household may eat of them and they are exempt from tithes. The workers who work with him may eat and be exempt so long as he is not obliged to provide for them. If, however, he is obligated to provide for them, they may not eat.

2 One who brought his workers into the field, when he is not obligated to provide for them, they may eat and be exempt from tithes. If, however, he is obligated to provide for them, they may eat of the figs one at a time, but not from the basket, nor from the large basket, nor from the storage yard.

3 One who hired a worker to work with olives and he said to him, “On condition that I may eat the olives,” he may eat of them one at a time and be exempt from tithes. If, however, he gathered several together, he is liable for tithes. If he had been hired to weed out onions, and he said to him, “On condition that I may eat the vegetables,” he may pluck leaf by leaf, and eat without tithing. If, however, he gathered several together, he is liable for tithes.

4 If one found cut figs on the road, or even beside a field where cut figs have been spread to dry, and similarly, if a fig tree overhangs the road, and he found figs beneath it, they are allowed with regard to the laws of robbery, and they are exempt from tithe. But if they were olives and carobs, they are liable. If one found dried figs, then if the majority of people had already trodden their figs, he must tithe them, but if not, he is exempt. If one found slices of fig-cake, he is liable to tithe since it is obvious they come from something whose processing had been fully completed. With carobs, if they had not yet been on the top of the roof, he may take some down for his animals and be exempt from tithe since he returns that which is left over.

5 Which courtyard is it which makes the produce liable to tithe? Rabbi Ishmael says: the Tyrian yard, because the vessels are protected in it. Rabbi Akiva says: any courtyard which one person may open and another may shut is exempt. Rabbi Nehemiah says: any courtyard in which a man is not ashamed to eat is liable. Rabbi Yose says: any courtyard into which a person may enter and no one says to him, “What are you looking for?” is exempt. Rabbi Judah says: if there are two courtyards, one within the other, the inner one makes liable and the outer one is exempt.

6 Roofs do not render produce liable, even though they belong to a courtyard which renders it liable. A gatehouse, portico, or balcony are like the courtyard to which they belong; if the courtyard makes the produce liable for tithes so do they, and if it does not, they do not.

7 Cone-shaped huts, watchtowers, and sheds in the field do not render produce liable. A sukkah-hut like those used in Ginnosar, even though it contains millstones and poultry, does not render produce liable. As for the potter’s sukkah-hut, the inner part renders produce liable and the outer part does not. Rabbi Yose says: anything which is not both a sunny season and rainy season dwelling does not render produce liable to tithes. A sukkah used on the Festival of Sukkot: Rabbi Judah says: this renders produce liable for tithes, but the sages exempt.

8 A fig tree which stands in a courtyard: one may eat the figs from it one at a time and be exempt from tithes, but if he gathered some together he is liable. Rabbi Shimon says: if he has one in his right hand and one in his left hand and one in his mouth, he is exempt. If he ascended to the top of it, he may fill his lap and eat.

9 A vine which was planted in a courtyard: one may take a whole cluster and eat it without tithing. Similarly with a pomegranate, or a melon, the words of Rabbi Tarfon. Rabbi Akiva says: he can pick single berries from the cluster, or split the pomegranate into slices, or cut slices of melon and eat without tithing. Coriander which was sown in a courtyard: one may pluck leaf by leaf and eat without tithing, but if he ate them together he is liable for tithes. Savory and hyssop, and thyme which are in the courtyard, if they are guarded, they are liable for tithe.

10 A fig tree which stands in a courtyard, and hangs over into a garden: one may eat in his customary fashion and be exempt from tithes. If it stands in the garden and hangs over into the courtyard, one may eat the figs one at a time and be exempt, but if he gathers them together, he is liable for tithes. If it stands in the land of Israel and hangs over into the territory outside the land, or if it stands outside the land, and hangs over into the land, in all these cases the law is decided according to the position of the root. And as regards houses in walled cities, everything is decided according to the position of the root. But as regards cities of refuge, everything is also decided according to the location of the branches. And in what concerns Jerusalem, everything is decided by the location of the branches.

1 If he pickled, stewed, or salted produce, he is liable to give tithes. If he stored produce in the ground in order to warm it up, he is exempt. If he dipped it while still in the field, he is exempt. If he split olives so that the bitter taste may come out of them, he is exempt. If he squeezed olives against his skin, he is exempt. If he squeezed them and put the oil into his hand, he is liable. One who makes a viscous liquid from grapes or olives in order to put it in a dish is exempt. But if to put it in an empty pot, he is liable, because it is like a small vat.

2 Children who have hidden figs in the field for Shabbat and they forgot to tithe them, they must not be eaten after Shabbat until they have been tithed. In the case of a basket of fruits for Shabbat: Bet Shammai exempt it from tithes, but Bet Hillel makes it liable. Rabbi Judah says: even one who has gathered a basket of fruit to send as a present to his friend must not eat of them until they have been tithed.

3 One who took olives from a vat may dip them one at a time in salt, and eat them. But if he salted them, and put them in front of him, he is liable for tithes. Rabbi Eliezer said: from a pure vat he is liable but from an impure vat he is exempt because he can put back the leftovers.

4 One may drink wine out of the winepress, whether it is mixed with hot or cold water, and be exempt from tithes, the words of Rabbi Meir. Rabbi Eliezer bar Zadok says he is liable. But the sages say: with hot water he is liable to tithe but with cold water, he is exempt.

5 One who husks barley may husk one at a time and eat without tithing, but if he husked and put them into his hand, he is liable to tithe. One who rubs ears of wheat may blow out the chaff of the wheat from hand to hand and eat, but if he blows and puts the grain in his lap he is liable. Coriander which was sown for the sake of the seed, the plant is exempt from tithes. If he sowed it for the sake of the plant then both the seed and the plant must be tithed. Rabbi Eliezer said: as for dill, tithe must be given from the seed and the plant, and the pods. But the sages say: only in the case of cress and eruca are both the seeds and plant tithed.

6 Rabban Gamaliel says: shoots of fenugreek, of mustard, and of white beans are liable to tithe. Rabbi Eliezer says: as for the caper bush, tithes must be given from the shoots, the berries and the blossoms. Rabbi Akiva says: only the berries are tithed since they alone count as fruit.

1 One who uproots saplings from his own property and plants them elsewhere within his own property is exempt from tithes. If he bought saplings attached to the ground, he is exempt. If he gathered them in order to send them to his friend, he is exempt. Rabbi Elazar ben Azariah said: if similar ones were being sold in the market, they are liable for tithes.

2 One who uproots turnips and radishes from within his own property and plants them elsewhere within his own property for the purpose of seed, he is liable to tithe, since this is equivalent to their threshing floor. If onions take root in an upper story they become clean from any impurity. If some debris fell on them and they are uncovered, they are regarded as though they were planted in the field.

3 One may not sell produce after the season for tithing has arrived to one who is not trusted concerning tithes. Nor in the sabbatical year may one sell sabbatical year produce to one suspected of transgressing the sabbatical year. If only some produce ripened, he takes the ripe ones and may sell the remainder.

4 One may not sell his straw, nor his olive peat, or his grape pulp to one who is not to be trusted with respect to tithes, for him to extract the juice from them. If he did extract the juice, he is liable for tithes, but is exempt from terumah, because when one separates terumah he has in mind the fragments which are by the sides, and that which is inside the straw.

5 One who buys a field of vegetables in Syria: if before the season for tithing arrived, then he is liable to tithe. If after the season for tithing, he is exempt, and he may go on gathering in his usual manner. Rabbi Judah says: he may even hire workers and gather. Rabban Shimon ben Gamaliel says: When does this apply? If he has bought the land. But if he has not bought the land, even before the season for tithing arrived he is exempt. Rabbi Judah Hanasi says: he must also tithe according to calculation.

6 One who makes grape-skin wine, and he put water on by measure, and he finds afterwards the same quantity, he is exempt from tithe. Rabbi Judah makes him liable. If he found more than the measure, he must give tithe for it from another place, in proportion.

7 Anthills which have remained the whole night near a pile of grain which was liable to tithe, the grain found in them is liable, since it is obvious that the ants have been dragging away the whole night from something of which the work had been completed.

8 Garlic from Baalbek, onions from Rikpa, Cilician beans and Egyptian lentils, and Rabbi Meir says qirqas, and Rabbi Yose says qotnym are exempt from tithes and may be bought from any man in the seventh year. The seeds of upper arum pods, the seeds of leeks, the seeds of onions, the seeds of turnips and radishes, and other seeds of garden produce which are not eaten, are exempt from tithes, and may be bought from any man in the seventh year; and even though the plants from which they grew were terumah, they may still be eaten by non-priests.