Babylonian Talmud

Rodkinson 1918 — source 4, scan section 26

vows." Let us see. What does he mean by " herbs " ? The tithe of herbs. But are not these included with other " tithes " ? (Nay, for the tithe of herbs) is a rabbinical institution, while the others are biblical. If so, should he not teach the biblical com- mandment first ? (This is no question), because it was pleasing to him (to have discovered that, although the tithe of herbs is only a rabbinical institution, yet it should have a special New Year to prevent the confusion of tithes from year to year) he, therefore, gives it precedence. And the Tana of our Mishna teaches us the rabbinical institution (viz., the New Year for herbs), leaving us to infer that if that must be observed, so much the more must the biblical law be followed. The rabbis taught : If one gathers herbs on the eve of New Year's Day before sunset, and gathers others after sunset, he must not give the heave-offering or the tithe from the one for the other, for it is prohibited to give the heave-offering or tithe from the product of the past year for that of the present, or vice versa. If the second year from the last sabbatic year was just ending and the third year was just beginning, then for the sec- ond year he must give the first and second tithes,* and for the third year he must give the first and the poor tithes. Whence do we deduce that (in the third year no second tithe was to be * Tithes must be given even to-day, according to the Rabbinical law, through- out Palestine and Syria. It was the duty of the Israelite to give of his produce the following offerings and tithes : (i) Theruma, a heave-offering, to be given to the priest every year ; the measure was not fixed by the Bible ; (2) MaAser Rishon, or first tithe, to be given every year to the Levite ; (3) MaAser Sheni, or second tithe, was to be taken in the second year to Jerusalem and eaten there, or to be converted into money, which was to be spent there ; (4) MaAser Ani, or the poor tithe, to be given in the third year. 20 THE BABYLONIAN TALMUD. given)? R. Jehoshua ben Levi says: In Deut. xxvi. 12, it is written: " When thou hast made an end of the tithe of produce in the third year, which is the year of the tithing,'' i.e., the year in which only one tithe is to be given." What is to be under- stood (by one tithe) ? The first and poor tithes, and the second tithe shall be omitted. But perhaps it is not so (that the first and poor .tithe are one tithe), but that the first tithe shall be also omitted. This cannot be so, for we read [Numb, xviii. 26]: " The tithe which I have given you from them, for your inher- itance," etc. (From this we see that) the Scripture compares this tithe to an inheritance, and as an inheritance is the per- petual property of the heir, so also is the first tithe an uninter- rupted gift for the Levite. '' And for vows.'' The rabbis taught: Whoso vows to de- rive no benefit from his neighbor for a year, must reckon (for the year) twelve months, from day to day; but if he said " for this year," if he made the vow even on the 29th of Elul, as soon as the first of Tishri comes, that year is complete, for he vowed to afflict himself and that purpose (even in so brief a period) has been fulfilled. But perhaps we should say Nissan (should be regarded as the new year in such a case) ? Nay, in the matter of vows we follow the common practice among men (who gen- erally regard Tishri as the New Year). We have learned (Maasroth I,, 3): We reckon the year for giving the tithe : * ' for carob as soon as it begins to grow ; for grain and olives as soon as they are one-third ripe. ' ' What is meant by " as soon as it begins to grow " ? When it blossoms. Whence do we know that we reckon the tithe on grain and olives when they are one-third ripe ? Said R. Assi in the name of R, Jo- hanan, and the same was said in the name of R. Jose of Galilee: It is written [Deut. xxxi. 10]: "At the end of every seven years, in the solemnity of the year of release, in the Feast of Tabernacles." What has the year of release to do with Taber- nacles; it is already the eighth year (because the Bible says " at the end of every seven years") ? It is only to tell us that all grain which was one-third ripe before New Year's Day must be regarded even in the eighth year as the product of the sabbatic year. And for this we find support in the following Boraitha: R. Jonathan b. Joseph says: It is written [Lev. xxv. 21] : " And it shall bring forth fruit for three {lishlosh) years." Do not read lishlosh " for three," but in this case read lishlish " for a third " {i.e., it is considered produce when it is a third ripe). But this "NEW YEAR." 21 verse is required for its own particular purpose. There is an- other verse [ibid. ibid. 22]: " And when ye sow in the eighth year, then shall ye eat of the old harvest ; until the ninth year, until its harvest come in, shall ye eat of the old store." We have learned in a Mishna (Shebeith, II., 7): Rice, millet, poppies, and lentils which have taken root before New Year's Day come under the category of tithes for the past year, and therefore one is permitted to use them during the sabbatic year ; but if they have not (taken root), one is forbidden to use them during the sabbatic year, and they come under the category of tithes of the following year. Says Rabha: Let us see. The rabbis say that the year (for giving tithes) begins as follows: " For a tree from the time they blossom, for grain and olives when they are one-third ripe, and for herbs when they are gath- ered. ' ' Now under which head are the above (rice, etc.) classed ? After consideration Rabha remarked : Since these do not all ripen simultaneously, but are gathered little by little, the rabbis are right when they say they are tithable from the time they take root. We have learned in a Boraitha: R. Jose of Galilee says: It is written [Deut. xvi. 13]: " When thou hast gathered in thy corn and thy wine." We infer that as corn and wine, now being gathered, grow by means of the past year's rains, and are tithed as last year's (before New Year's Day) products, so every fruit that grows by the rain of last year is tithable as the last year's produce; but herbs do not come under this category, for they grow by means of the rains of the new year, and they are tithable in the coming year, R. Aqiba, however, says that the words " when thou hast gathered in thy corn and thy wine" lead us to infer that as corn and grapes grow chiefly by means of rain, and are tithed as last year's products, so all things that grow chiefly by rain are tithed as belonging to the past year; but as herbs grow even by watering, they are tithed as the next year's products. In what case is this difference of opinion ap-