Mishnah Ma'asrot

(1) They stated a rule with regard to tithes: Anything which is food, and is guarded, and grows from the earth, requires tithes. And they stated another rule: Anything that is in its beginning is food, and in its end is food, even if one guards it [and does not pick it when it is small] in order to add food, requires tithes whether it is small or large. And anything that is not in its beginning food, but is in its end is food, does not require tithes until it becomes food.

(2) From when are fruits required to be tithed? Figs from when they begin to ripen. Grapes and raisins, from when the seed can be seen through the skin. Sumac and strawberries, from when they redden. And all the red [fruit], from when they redden. And pomegranates, from when [their seeds] can be crushed. Dates, from when they begin to swell like leaven. Peaches, from when they develop [the appearance of] veins. Nuts, from when they become like a storehouse [for the separated nutmeat within]. Rabbi Yehudah says, nuts and almonds, from when they develop an [inner] husk.

(3) Carobs, from when they form [dark] spots. All dark fruits, from when they form [dark] spots. And pears and Crustumenian pears and quinces and crab-apples, from when they lose their fuzz. All white fruits, from when they lose their fuzz. Fenugreek, from when [its seeds] will grow [if planted]. Grain and olives, from when they have produced one-third [of what they can produce].

(4) And regarding vegetables: Cucumbers, gourds, melons, cucumber-melons, apples, and citrons require tithes whether large or small. Rabbi Shimon exempts the citron when small. That which requires [tithes] for bitter almonds [which require tithes only when young], is exempt [from tithes] for sweet [almonds, which require tithes only when fully grown]. That which requires for sweet, is exempt for bitter.

(5) What is the [stage at which different items require tithes, just as wheat does when it reaches the] granary [stage and] requires tithes? Cucumbers and pumpkins, from when their blossoms are removed. If he doesn't remove their blossoms, from when he stacks a pile. Melons, from when they are trimmed. If they are not trimmed, from when they are stored away. Vegetables that are bundled, from when he bundles them. If he does not bundle them, from when he fills the vessel. If he does not fill the vessel, from when he has collected as much as one needs. [If collecting into] a basket, once he covers it. If he does not cover it, once he fills up the vessel. If he does not fill the vessel, once he has collected as much as he needs. In what situation does this apply? When bringing to the market. But when bringing to his house, he may eat casually from them until he reaches his house.

(6) Dried pomegranate, raisins, and carobs, [require tithes] from when he stacks a pile. Onions, from when he peels [them]. If he does not peel, from when he stacks a pile. Grain, from when he smoothes [it] even. If he does not smooth even, from when he stacks a pile. Beans, from when he sifts [it]. If he does not sift, from when he smoothes even. Even though he has sifted, he may take from the broken and from the sides and from what is in the midst of the grain and eat [it].

(7) Wine, from when he skims [the scum from its surface]. Even though he has skimmed, he may collect from the upper winepress and from the pipe and drink. Oil, from when it falls into the trough. Even though it has fallen, he may take from the olive pulp bale and from between the olive press-stone and from between the board and put it on the batter-cake or on the plate, but he may not put it in the pot or in the stew-pot when they are boiling. Rabbi Yehudah says, he may put it in anything, except for something that has in it vinegar and brine.

(8) A round fig cake, [requires tithes] from when we smooth it out. It may be smoothed out by [the juices of] non-tithed figs or grapes. Rabbi Yehudah forbids [this]. One who smoothes out by [the juice of] grapes, does not make it susceptible to impurity. Rabbi Yehudah says that it is made susceptible to impurity. Dried figs, [require tithes] from when they are pressed. Storehouse [dried figs], from when they are rounded [into cakes]. If one was pressing [figs] with a barrel or rounding storehouse [figs], and the barrel broke or the storehouse [figs] became defective, he may not eat casually from them. Rabbi Yose permits.

(1) If one was passing through the market and said, “Take for yourselves [from my] figs,” they may eat and be exempt [from tithes]. Therefore if they brought them into their houses, they must separate tithes as [one does for] certainly non-tithed [produce]. [If he said], “Take and bring it into your houses,” they may not eat casually from them. Therefore if they brought them into their houses, they do not need to separate tithes except as [one does for] Demai [produce from which it is uncertain if tithes were already taken].

(2) If they were sitting at the gate or in a store and someone said, "Take for yourselves [from my] figs," they may eat and be exempt. But the owner of the gate or the owner of the store would be required. Rabbi Yehudah exempts him, unless he hides his face, or unless he changes the place where he is sitting.

(3) If one brings produce from the Galilee to Judah or makes a pilgrimage [and brings produce] to Jerusalem, he may eat [of the produce] until he arrives at the place where he was going, and so too in returning. Rabbi Meir says, until he arrives at the place of stopping. And the merchants who peddle in the cities may eat until they arrive at the place of sleep. Rabbi Yehudah says, the first house [in the city where he will sleep should be considered as if] it is his house.

(4) Produce from which he separated Terumah before their work was finished: Rabbi Eliezer forbids eating casually from them, but the Sages permit except when it is a basket of figs. A basket of figs from which he separated Terumah: Rabbi Shimon permits, but the Sages forbid.

(5) One who says to his friend: “Here is this Issar [specific unit of money], and give me five figs for it”, he may not eat [of them] until he has tithed [them], the words of Rabbi Meir. Rabbi Yehudah says: if he ate them one by one, he is exempt. If he combined them, he is required [to tithe.] Rabbi Yehudah said: it happened in a rose-garden that was in Jerusalem, and there were figs being sold three or four for an Issar, and neither Terumah nor tithes were ever set aside from it.

(6) One who says to his friend: “Here is this Issar for ten figs that I will choose for myself,” he may choose and eat [the figs one at a time without tithing. If he said,] “For a cluster of grapes that I will choose for myself,” he may pick [grapes from the cluster] and eat [one at a time]. [If he said,] “For a pomegranate that I will choose for myself,” he may take apart [the pomegranate] and eat [it one piece at a time]. [If he said] “For a melon that I will 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 melons,” he may eat them in his usual way and be exempt [from tithes], because he bought them while they were still attached to the ground.

(7) One who has hired a worker to dry figs with him, and [the worker] said to him, “On the condition that I may eat of the figs,” he may eat them and is exempt [from tithing]. [If he said,] “On the condition that my son and I may eat,” or “that my son may eat in lieu of my receiving a wage,” he eats and is exempt [from tithing what he eats], but his son eats and is required [to tithe]. [If he said,] “On the condition that I may eat of them during the harvest time and after the harvest time,” during the harvest time he eats and is exempt [from tithing], but after the harvest time he eats and is required [to tithe], since he does not eat of them in a manner mandated by the Torah. This is the general rule: one who eats in a manner mandated by the Torah is exempt [from tithing], and one who does not eat in the manner mandated by the Torah is required [to tithe].

(8) If [a hired worker is] working among bad figs, he may not eat of white figs. If among white figs, he may not eat of bad figs, but must restrain himself until he reaches the place of the better figs, and [there] he may eat. If a man exchanges with his friend, either [figs] to be eaten for [figs] to be eaten, or [figs] to be dried for [figs] to be dried, or [figs] to be eaten for [figs] to be dried, then he is required [to give tithes]. Rabbi Yehudah says: one who exchanges for [figs] to be eaten is required, but [for figs] to be dried is exempt.

(1) One who was taking figs through his courtyard to be dried, his children and the members of his household may eat [of them] and are exempt [from tithing]. The workers that are [working] with him, when they are not owed food by him, may eat and are exempt. But if they are owed food by him, these may not eat.

(2) One who brought his workers out to the field, when they are not owed food by him, they may eat and are exempt. But if they are owed food by him, they may eat of the figs one at a time, but not from the basket, nor from the large basket, nor from the place where they dry.

(3) One who hired a worker to work with olives and he said to him, “On the condition that I may eat of the olives,” he may eat of them one at a time and is exempt [from tithes]. If he combined them, he is required [to tithe]. [If he had been hired] to weed onions, and he said to him, “On the condition that I may eat of the vegetables,” he may pluck leaf by leaf and eat [without tithing]. If he combined them, he is required [to tithe].

(4) If one found cut figs on the road, even beside a field of cut figs, and similarly, if a fig tree overhangs the road, and he found beneath it figs, they are allowed [to be taken without being considered] robbery, and they are exempt from tithes. But in [a case of] olives and carobs, they require [tithes]. If one found dried [untrodden] figs, then if the majority of people had already trodden [their figs], he is required [to tithe them], but if not, he is exempt. If one found slices of [trodden] fig-cake, he is required [to tithe] since it is obvious that they come from a finished item. With carobs, if one has not yet brought them to the top of the roof, if he takes some of them down for his animals he is exempt [from tithing] since he puts back the leftovers.

(5) What type of courtyard makes [produce carried into it] require [tithing]? Rabbi Yishmael says: the Tyrian yard, for the vessels are protected therein. Rabbi Akiva says: any courtyard that one person may open and another may lock is exempt. Rabbi Nechemiah says: any courtyard in which a man is not ashamed to eat makes [produce] require [tithing]. Rabbi Yossi says: any courtyard into which a person may enter into and no one says to him, “What do you seek?” makes exempt. Rabbi Yehudah says: if there are two courtyards, one within the other, the inner makes [produce] require [tithing] and the outer makes exempt.

(6) Roofs make [produce] exempt, even though they belong to a courtyard that makes [produce] require [tithing]. A gate house, portico, or balcony, these are like the courtyard [to which they are attached]; if [the courtyard makes the produce] require [tithes], they make it require, and if it makes exempt, they make exempt.

(7) Cone-shaped huts, watchtowers, and field sheds make [produce] exempt [from tithing]. A sukkah of Ginnosar, even though it contains millstones and poultry, makes exempt. The potters' sukkah , the inner makes [produce] require [tithing] and the outer makes exempt. Rabbi Yossi says: anything that is not both a sunny season dwelling and a rainy season dwelling makes exempt. A sukkah of the festival used on the festival [of Sukkot]: Rabbi Yehudah makes [produce brought into this sukkah ] require [tithing], but the Sages exempt.

(8) A fig tree that stands in a courtyard: one may eat [the figs from it] one at a time and be exempt [from tithes], but if he combined [them], he is required [to tithe]. Rabbi Shimon says: [even 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 the tree], he may fill his lap and eat.

(9) A vine that is 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 [grapes] from the cluster, or take apart the pomegranate, or slice the melon [and eat without tithing]. Coriander that was sown in a courtyard: one may pluck leaf by leaf and eat [without tithing], but if he combines them, he is required [to tithe]. Satureia Thymbra, hyssop, and thyme that are in the courtyard, if they are protected, they require [tithes].

(10) A fig tree that 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 a garden and hangs over into a courtyard, one may eat [the figs] one at a time and be exempt, but if he combines [them], he is required [to tithe]. If it stands in the Land [of Israel] and hangs over into Chutz La'Aretz [outside of the Land of Israel, or if it stands] in Chutz La'Aretz and hangs over into the Land [of Israel], in all [cases the law] is decided according to the [position of the] root. And as regards houses in walled cities, in all [cases the law] is decided according to the [position of the] root. But as regards an Ir Miklat [city of refuge for accidental murderers], in all [cases the law] is decided according to the [position of the] branches. And as regards Jerusalem, in all [cases the law] is decided according to the [position of the] branches.

(1) If he pickled, stewed, or salted [produce] in a field, he is required [to tithe]. If he stored [produce] in the ground [in order to warm it up], he is exempt. If he dipped it [while yet] 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 and put [the oil] into his hand, he is required. One who skims [wine] in order to put it in a dish is exempt, but if to put it in an [empty] pot, he is required [to give tithes] for it is like a small vat.

(2) Children who have hidden figs [in the field] for Shabbat and they forgot to tithe them, they may not be eaten after Shabbat until they have been tithed. In the case of a basket [of fruits] for Shabbat: The House of Shammai exempt it [from tithes], but the House of Hillel require it [in tithes]. Rabbi Yehudah says: even one who has gathered the basket to send [as a present] to his friend, may not eat until he has tithed [it].

(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 required [to tithe]. Rabbi Eliezer says: from a pure vat he is required, but from an impure he is exempt since he puts 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 requires [him to tithe]. But the Sages say: with hot water he is required [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 required [to tithe]. One who rubs [ears of] wheat may blow [the wheat] from hand to hand [to remove the chaff] and eat, but if he blows and puts the grain in his lap, he is required [to tithe]. Coriander that was sown for the seed, its greenery is exempt [from tithes]. If he sowed it for the greenery, both the seed and the greenery must be tithed. Rabbi Eliezer says: dill must be tithed from seed and greenery and pods. But the Sages say: he need not tithe from both seed and greenery except in the case of cress and arugula.

(6) Rabban Shimon ben Gamaliel says: shoots of fenugreek, of mustard, and of the white bean require tithes. Rabbi Eliezer says: the caper bush must be tithed from the shoots and the berries and the blossoms. Rabbi Akiva says: he need not tithe except the berries, since they [alone] count as fruit.

(1) One who uproots saplings from within 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 fellow, he is exempt. Rabbi Elazar ben Azariah says: if similar ones were being sold in the market, behold these require [tithing].

(2) One who uproots turnips and radishes from within his own [property] and plants [them elsewhere] within his own [property] for seed, he is required [to tithe], since this is their [stage at which they require tithes, just as wheat does when it reaches the] granary [stage]? If onions take root in an upper story they become pure from any impurity. If debris fell upon them and they are uncovered, they are regarded as though planted in the field.

(3) A man may not sell his 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 who is suspected of [transgressing] the Sabbatical year. If [only some of the produce] ripened, he takes the ripe ones and may sell the remainder.

(4) A man may not sell his straw, nor his olive peat, nor his grape pulp to one who is not to be trusted concerning tithes, for him to extract juice from them. If he did extract [the juice], he is required to tithe, but is exempt from Terumah, because one who separates Terumah has in mind the fragments and the sides and that which is in the straw.

(5) One who buys a vegetable field in Syria: If [when he bought it] the season for tithing had not yet arrived, he is required [to tithe]. If the season for tithing had arrived, he is exempt, and he may go on gathering in his usual manner. Rabbi Yehudah says: he may even hire workers and gather. Rabban Shimon ben Gamaliel says: When does this apply? When he has bought the land. But when he has not bought the land, [even] if the season for tithing had not yet arrived, he is exempt. Rabbi [Yehudah HaNassi] says: he must also separate [tithes] according to calculation.

(6) One who makes grape-skin wine, and he put water by measure, and he found [afterwards that the wine is] the same measure, he is exempt [from tithes]. Rabbi Yehudah requires [tithing]. If he found more than the measure, he must give [tithes] for it from another place, according to calculation.

(7) Anthills that have remained the whole night near a pile [of grain] that required [tithing], these [grains found in the anthills] require [tithing], since it is obvious that [the ants] have been dragging away the whole night from something [of which the work] was completed.

(8) Garlic from Ba'albeck, onions from Rikhpa, Cicilician beans and Egyptians lentils, and Rabbi Meir says even the colocasia, and Rabbi Yossi says even the beans of the colocasia, are exempt from tithes and may be bought from any man during the Sabbatical year. The seeds of upper Luf [plant], the seeds of leeks, the seeds of onions, the seeds of turnips and radishes, and the other seeds of garden produce that are not eaten, are exempt from tithes, and may be bought from any man during the Sabbatical year; for even though their fathers [the plants from which they grew] are Terumah, these may still be eaten [by non-priests].