משנה: מָצָא קְצִיצוֹת בַּדֶּרֶךְ אֲפִילוּ בְּצַד שְׂדֵה קְצִיצוֹת וְכֵן תְּאֵינָה שֶׁהִיא נוֹטָה עַל הַדֶּרֶךְ וּמָצָא תַחְתֶּיהָ תְאֵנִים מוּתָּרוֹת מִשּׁוּם גֶּזֶל וּפְטוּרוֹת מִן הַמַּעְשְׂרוֹת. הַזֵּיתִים וְהֶחָרוּבִין חַייָבִין. מָצָא גְּרוֹגְרוֹת אִם דָּֽרְסוּ רוֹב בְּנֵי אָדָם חַייָב וְאִם לָאו פָּטוּר. מָצָא פִילְחֵי דְּבֵילָה חַייָב בְּיָדוּעַ שֶׁמִּדָּבָר גָּמוּר. הֶחָרוּבִין עַד שֶׁלֹּא כִּינְסָן לְרֹאש הַגָּג מוֹרִיד מֵהֶן לִבְהֵמָה וּפָטוּר מִפְּנֵי שֶׁהוּא מַחֲזִיר אֶת הַמּוֹתָר. MISHNAH: If he found single fruits46This is the reading of all Yerushalmi sources. The Babli mss. here and in Baba Meẓi‘a 21b read קציעות “cut-up figs.” on the road, even next to a field from which the single fruits may have come, or a fig tree that extends over the road and he found figs under it47The figs which overhang the public domain are not public property but the owners, knowing some figs will fall down and be spoiled, are resigned to their being taken by passers-by. Therefore, these figs are abandoned property. they are permitted under the category of robbery48Eveybody is free to take them. Abandoned property is not “your harvest”; therefore, they are exempt from heave and tithes. and free from tithes. Olives and carobs are obligated49They usually do not fall down from the tree, and if they do they are recognizable as fruits from a specific tree. Therefore, the owners have reasonable hope of recovering all of them at harvest time and do not abandon them (Explanation of the Babli, Baba Meẓi‘a 21b).. If he found dried figs, if most people are pressing theirs he is obligated, otherwise he is free50If the figs have been dried and pressed into fig cakes in the field, their processing is finished and the finder has to tithe them as demay. If people of that region do not press their fig cakes in the field, the dried figs are like any other figs found on the road.. If he found slices of a fig-cake it is obvious that this is post-processing51They have to be tithed as demay.. Carobs, as long as he did not make heaps on his roof he may take down for his animals and is free because he will return the excess52While, in general, the roof is not a storage place for food, it is used for carob pods which are so hard as to be virtually safe from birds. These pods are first spread out for drying; the end of processing is that they are collected into orderly heaps. If during the drying process some carobs are taken as animal feed, this does not imply that even for these the processing is completed since the remainder will be returned to be used as food for both humans and animals..
הלכה: אָמַר רִבִּי יוֹנָה לֹא אָֽמְרוּ אֶלָּא לַדֶּרֶךְ. הָא בֵינוֹ לְבֵין חֲבֵירוֹ לֹא. אָמַר רִבִּי יוֹנָה וְהוּא שֶׁמָּצָא זֵיתִים תַּחַת זֵיתִים. וְחָרוּבִין תַּחַת חָרוּבִין. אֲבָל אִם מָצָא זֵיתִים תַּחַת חָרוּבִין וְחָרוּבִין תַּחַת זֵיתִים לא בְדָא. HALAKHAH: Rebbi Jonah said; only on a road, not between a person and his neighbor79There the olives remain property of the owner of the tree.. Rebbi Jonah said; only olives under an olive tree, carobs under a carob tree, but not olives under a carob tree, carobs under an olive tree80These belong to the finder..
וְלֹא בַבָּתִּים הֵן נִדְרָסוֹת. אָמַר רִבִּי בּוּן בַּר חִייָה תִּפְתָּר שֶׁרוֹב דּוֹרְסִין בַּשָּׂדוֹת. רִבִּי זְעִירָא בָּעֵי וְאֵינָהּ נִיכֶּרֶת אִם דְּרוּסָה הִיא אִם אֵינָהּ דְּרוּסָה. אָמַר רִבִּי שָׁאוּל פְּעָמִים שֶׁהִיא פוֹקַעַת תַּחַת הַגַּלְגָּל וְהִיא דְּרוּסָה וְהִיא נִרְאֵית שֶׁאֵינָהּ דְּרוּסָה. פְּעָמִים שֶׁהָרֶגֶל דּוֹרְסָתָהּ וְהִיא אֵינָהּ דְּרוּסָה וְנִרְאֵית כִדְרוּסָה. אָמַר רִבִּי לָֽעְזָר הָדָא דְתֵימָא בְּמָקוֹם שֶׁאֵין רוֹב דּוֹרְסִין בְּשָׂדוֹת. אֲבָל בְּמָקוֹם שֶׁרוֹב דּוֹרְסִין בְּשָׂדוֹת אוֹתָן שֶׁדָּֽרְסוּ אוֹתָן הַמִּיעוּט הָעֲתִידִין לִדְרוֹס מִצְטָֽרְפִין. Are they not pressed in the houses81This refers to the statement of the Mishnah that a dried fig is subject to tithes “if most people already pressed their figs.” It is agreed that for figs taken to be dried, the end of processing is the formation of fig cakes but it is not stated where the figs were pressed. If the final processing is done in the houses, a dried fig found in the fields is a forgotten fig which may be eaten as a snack untithed.? Rebbi Abun bar Ḥiyya said, explain it where most people press in the fields. Rebbi Zeїra asked: Is it not recognizable whether it is pressed or not82In that case, the Mishnah should have stated that “if it was pressed, it is obligated, if not pressed, it may be eaten as a snack.”? Rebbi Saul83No R. Shaul is known from any other Talmudic source. The reading of the Rome ms.: R. Samuel, seems to be preferable. said, sometime it jumps from under the roller84During the pressing process., then it is pressed85It is not pressed but it has the legal status of “pressed”, i. e., processed. and looks as if not pressed. Sometimes a foot squeezes it, then it is not pressed and looks like pressed. Rebbi Eleazar said, that is86There the legal status of a found dried fig is questionable. But if in the end most people will have pressed their fig cakes in the fields, even in the midst of the processing period any dried fig found in the fields is considered to be processed and subject to tithes., at a place where most people are not pressing in the fields. But at a place where most people are pressing in the fields, those who pressed and the minority who will press in the future are added together.
אִית תַּנָּיֵי תַנֵּי שֶׁאֵין שִׁבְחוֹ שֶׁל תַּלְמִיד חָכָם לִהְיוֹת אוֹכֵל בַּשּׁוּק. כְּהָדָא רִבִּי לָֽעְזָר בְּרִבִּי שִׁמְעוֹן הֲוָה אֲכִיל בְּשׁוּקָא חָֽמְתֵיהּ רִבִּי מֵאִיר אֲמַר לֵיהּ בַּשׁוּקָא אַתְּ אֲכִיל. וּבָטַל גַּרְמֵיהּ. Some Tannaїm state87This refers to the last statement of the Mishnah, that carobs may be used for animal feed without tithing. The language of the Mishnah implies that humans may not eat these carobs as untithed snacks. But since it is stated that processing is not finished, neither courtyard nor house should make it subject to tithes as human food.: Because it is not proper for a learned person to eat in public88A learned person, for whom the Mishnah was formulated, would not take the carobs to eat them outside the house or a walled-in courtyard. But in house or walled courtyard, the particular carob pod would be processed and subject to heave and tithes.
This paragraph is quoted in paraphrased form in Tosaphot Qiddušin40b, s. v. ויש, and in a different form by R. Asher ben Ieḥiel Qiddušin 1, #65. The Babylonian version (Babli Qiddušin 40b, Derekh Ereẓ 10) reads: He who eats in public is the companion of the dog; some say he is unacceptable as a witness.” This belongs to the Babylonian tradition of enmity towards the vulgar, cf. the Introduction to Demay, or to a tradition which accuses cynics of contempt for courts. A confluence of the Yerushalmi and Babli texts appears in Sefer Ha‘iṭṭur p. 116, a prime example why quotes of early Medieval authors cannot be used as testimonies for the text. Cf. also Maimonides,Edut 11:5, Ṭur and Šulḥan Arukh,Ḥošen Mišpaṭ 34, and their commentators. The text of R. Ḥananel reads (as quoted by R. Yom Ṭob ben Abraham al-Išbili, Qiddušin 40b): “Rebbi Eleazar ben Rebbi Simeon was eating in public and was seen by Rebbi Meїr who said to him, it is not proper for a learned person to eat in public of his own food.” This must belong to a text tradition of the Yerushalmi quite different from the two extant mss.. As for example, Rebbi Eleazar ben Rebbi Simeon who was eating in public and was seen by Rebbi Meїr who asked him, are you eating in public89He made a point of addressing the learned rabbi in Aramaic, the language of the uneducated.? He effaced himself.