Talmud sobre Números 18:26

If somebody had 100 figs, 50 large ones and 50 small ones. If he takes from the large ones, should he take nine? If he takes from the small ones, should he take eleven? If he takes ten large ones, there might be one profane among them and we would worry lest perhaps he use that one to make it heave of the tithe for another place, but it is written (Num. 18:26): “The heave of the Eternal, tithe from tithe,” not profane from tithe⁴⁷Probably a scribal error; it would be more reasonable to say “not tithe from profane,” since once produce is put in order, nothing of it can ever become heave or tithe again. But there is no manuscript evidence for this and the problem is not taken up in Sifry.. Rebbi Abun bar Cahana⁴⁸Galilean Amora of the third generation, a student of R. Joḥanan who lived until the time of R. Mana. said, he stipulates and says, the tithe due from this produce should be fixed from the tip of each stem und continue until it reaches⁴⁹If the total volume of all figs is V and that of the ten equal selected large figs is ε + V/10, then in each fig there is a volume of ε/10 profane and the rest is tithe. Hence, there is no fig selected that cannot be used for heave of the tithe.; in each of the ten there is heave of the tithe and a tiny bit of profane.

⁵⁷This and the following paragraphs are from Terumot Chapter 1, Notes 105–135, with minor differences. There, we have stated: Rebbi Jehudah says, the heave given by a minor who has not yet grown two pubic hairs is heave. It was stated in the name of Rebbi Meïr: His heave is never heave unless he grew two pubic hairs. Rebbi Abin, Cahana in the name of the Rebbi Hila (Num.18:32): “You should not carry guilt because of it.” He who may carry guilt can give heave, he who cannot carry guilt cannot give heave. They objected: But a Gentile cannot incur guilt, and he may give heave! Rebbi Yose in the name of Rebbi Hila (Num. 18:27): “Your heave will be credited to you”, (v. 26) “and you shall lift”. Anybody for whom “thought” is written may give heave. But anybody for whom “thought” is not written cannot give heave. They objected: But “thought” is not written for Gentiles, and he may give heave! Rebbi Hoshaia stated: Gentiles have no “thought” whether for preparation or for heave.

That takes care of large quantities. If there was little, if he had ten figs, five large ones and five small ones? If he takes from the large ones, he has to take one minus⁵⁰Cf. Latin parum, adv., “too little, not enough.” a little. From the little ones, he has to take one plus a little. If he took one of the large ones, it contains a little bit of profane and one has to worry that maybe he turns that profane part into heave of the tithe for another place, and it is written (Num. 18:26): “The heave of the Eternal, tithe from tithe,” not profane from tithe. Rebbi Abba from Carthage said, he stipulates and says, the tithe due from this produce should be fixed from the tip of each stem and he marks it and says to the Cohen, as far as where I marked it⁵¹The heave extends only from the stem to the mark on the fig..

“First tithe of which its heave had been taken;” since its heave was taken, is it not like profane? Explain it if he gave it early, from ears, as Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: First tithe given early, from ears, is free from [the obligation of] great heave¹²³Babli Berakhot47a,Šabbat 127b, Eruvin 31b, Pesaḥim 35b, Beẓah13b, in the name of R. Simeon ben Laqish; Yerushalmi Bikkurim 2:3, 2:4 (fol. 65a).. Rebbi Yose said, it is written¹²⁴The two verses quoted are written about heave of the tithe. The MT of 18:28 reads מִכָּל־חֶלְבּוֹ. (Num. 18:29): “From all its best, the holy part from it;” not its best and the best of another person. Rebbi Yose said, it is written (Num. 18:26): “You shall lift from it the heave of the Eternal, tithe of the tithe,” but not heave and tithe from the tithe. When he¹²⁵The Levite who threshed the ears given to him as tithe. made a heap and then gave its heave of the tithe. But if he gave heave of the tithe and then made a heap¹²⁶This starts the obligation of heave which then must be given. In the Babli, this is an observation ascribed to Abbaye. this does not apply. When he gave from itself for it, but if he gave from another place¹²⁷This is permitted but then it is not “from it”; the verses do not apply. this does not apply.

The words of the Sages⁵⁸This refers to the sentence of the Mishnah starting “but the Sages say.”. Rebbi Zeїra in the name of Rebbi Eudaimon from Haifa in the name of Rebbi Simeon ben Laqish (Num. 18:27): “Your heave will be thought of;” (Num. 18:26) “you shall lift.” Just as thought has to be definite, so your giving heave has to be definite⁵⁹The order of the verses should be reversed: Because your heave is thought of, it must be parallel to what you would do if you lifted the heave out of the produce. Since what you lift is well defined, what you think of also must be well defined..

Rebbi Yannai ordered his relatives, when you lease⁹⁵The Leyden ms. has חכר “to lease”, the Rome ms. and the Venice print חבר “to connect”. In view of H. L. Fleischer’s discussion (in Levy’s Dictionary, Vol. 2, p. 204b) of the original meaning of the Aramaic / Arabic root חכר as “keep tight, hold together, hold back” (in modern Arabic only “to hoard”) there is no difference of meaning involved. a field, lease only from lay people since even if you say one does not give tithes to Cohanim you have to agree that one does not take his own⁹⁶The tithe but not heave, cf. Peah Chapter 1, Note 291. out of his hand. What is the reason? (Num. 18:26) “If you take from the Children of Israel the tithe which I gave you from them as your inheritance, you should lift from it the heave of the Eternal, a tithe of the tithe.” From the Children of Israel you take out⁹⁷If needed, by a court order. but not from those contracting with Cohanim or Levites. It parallels what Rebbi Eleazar said, “if you take the tithe from the Children of Israel,” from the Children of Israel you take out but not from the Gentile⁹⁸He holds that the produce of the Gentile farmer in the Land is exempt from heave and tithes. Since this is a matter of dispute between Tannaïm, cf. Peah Chapter 4, Notes 131–134, one might read the statement here to say that tithe voluntarily given by a Gentile cannot be obtained from him by a court order; he may give to you but you cannot take from him..

Rebbi Jonah, Rebbi Simon in the name of Rebbi Joshua ben Levi: He who buys loose produce from a Gentile separates heave and heave of the tithe as a matter of practice, gives it to the tribe, and receives money from the tribe¹¹¹See Chapter 3, Notes 131–132. Since heave is taken as a matter of common practice, heave and heave of the tithe remain the property of the owner (Babli Bekhorot 11b). Since heave and heave of the tithe may be eaten only by Cohanim, presumably they will make a very low offer for the food, but they must pay.. But he who buys produce still in the ground from a Gentile separates heave and heave of the tithe as a matter of practice, gives it to the tribe, and does not take money from the tribe¹¹²Since the obligation of heave and tithes comes only when the harvest is stored, the obligation devolves on the Jew and the tithes are the immediate property of the Cohanim; the owner only has the choice of whom to give.. What is the reason? (Num. 18:26) “If you remove the tithe from the Children of Israel.” From the Children of Israel you remove the tithe, but not from the acquaintances of Cohanim or Levites¹¹³This refers to the second case, when the owner can decide to whom to give. However, it is possible that the sentence should read (Sifry Zuṭa Qoraḥ#26): “From the Children of Israel you remove the tithe, but not from Cohanim or Levites.” In that case, the quote has no direct connection with the discussion here.. From the Children of Israel you remove the tithe, but not from the hand of a Gentile¹¹⁴This refers to the first case, when the harvest was the Gentile’s and no Biblical obligation of heave and tithes was incurred. The Babli (Bekhorot 11b) reports in the name of R. Joshua ben Levi that only heave, not heave of the tithe, must be given as a matter of practice. This is a serious disagreement between the two Talmudim..