תלמוד על בכורים 2:1

Rebbi Assi said, if it was one-third ripe before the New Year’s Day of the World it is tithed for the past, after the New Year’s Day of the World it is tithed for the future. Rebbi Zeїra objected before Rebbi Assi: Some years are late¹⁶That means, New Year’s Day is early in the solar year. and dates start to have sap after the New Year’s Day of the World but they are tithed for the past! Rebbi Zeїra said, Rebbi Assi did not say this on his own but following Rebbi Joḥanan, Rebbi Simeon ben Laqish¹⁷Since R. Joḥanan, following the objection of R. Simeon ben Laqish, decided that practice had to follow R. Neḥemiah and tithing for trees with only one harvest did not depend on the Fifteenth of Ševaṭ. Hence, it must depend on the First of Tishre, following the teachers from “there”.. Rebbi Jacob bar Aḥa in the name of Samuel bar Abba: “If it was one-third ripe before the Fifteenth of Ševaṭ it is tithed for the past, after the Fifteenth of Ševaṭ for the future¹⁸This is identical with the opinion of the Sages there, except that the New Year of trees substitutes for the New Year of the World..” Rebbi Zeїra said, that is correct; for an etrog, did one not eliminate its budding but not its year¹⁹Mishnah Bikkurim 2:4 states the opinion of Rabban Gamliel (which is practice to be followed) that an etrog(citrus medica) is not like a tree fruit in that it is tithed in the year it is harvested, not the year it is formed. Hence, all other tree fruits have to be tithed in the year of their formation.; but here did one eliminate its year but not its budding?

So far about a robbery when the owners did not give up hope³⁰he hope to recover the real estate taken from them.. Even about a robbery when the owners did give up hope? They thought to say that we can hear it from the following³¹Mishnah 2:2, which states among other rules that heave applies to sharecroppers, tenant farmers, buyers of expropriated property, and robbers.: “This applies to heave and tithe but not to First Fruits.” For what is this needed? Not for a robbery when the owners did not give up hope, but for a robbery when the owners did give up hope³²Most commentators want to switch the two cases, against all ms. evidence, misreading the rhetorical quality of the multiple negations.? Even for heave he did not do anything, as we stated³³A similar text in Tosephta Terumot 1:6 and Babli Baba Qama 67a, 114a/b.: “A strongman³⁴His quality is not defined; he might be anything from a kidnapper to a corrupt politician., a thief, or a robber, as long as the owners pursue them, their heave is no heave, his tithes no tithes, and their dedications no dedications. If the owners do not pursue them, their heave is heave, their tithes are tithes, and their dedications dedications.” Rebbi Yose in the name of Rebbi Joḥanan: Neither of them can give heave³⁵As the Babli explains, the robber cannot give because it is not his and the owners cannot give because it is not in their possession.. Rebbi Ammi in the name of Rebbi Joḥanan: Even if the owners declare heave, it is no heave. Rebbi Yose said, so far we deal with a robbery when the owners did not give up hope. Then why did we state: “This applies to heave and tithe but not to First Fruits”? It is possible for fruits to be usable without First Fruits. It is impossible for fruits to be usable without heave and tithes³⁶The Mishnah does not state that Jewish robbers, etc., have to give heave but that the rules of heave and tithes apply to them. Since they cannot give heave, they never can eat the produce of the land they robbed. On the other hand, produce may be eaten of a crop from which First Fruits were not given.! But a robbery when the owners did give up hope remains a question³⁷Whether First Fruits may be brought from this land..

There¹⁰⁷Mishnah Ma‘aser Šeni 5:10., we have stated: “ ‘Also I gave it,’ includes heave and heave of the tithe.” There, you say that heave needs declaration but here¹⁰⁸Mishnah Bikkurim 2:2. you say, heave does not need declaration. Rebbi Hila said, there¹⁰⁹In Babylonia. they stated: Heave and First Fruits, both the one who gives and the one who takes need to declare¹¹⁰The farmer has to make the declaration Deut. 26:3–10 for first fruit and to include in his tithe declaration (Deut. 26:13–14) the assertion that he duly gave his heave to the Cohen. The Cohen has to mention in his tithe declaration that he treated heave and First Fruits according to the rules.. Rebbi Zeïra said, the rabbis there think, and the rabbis here say, if a person has only tithe, he declares; if a person has only heave, he does not declare. Rebbi Yose said, a Mishnah¹¹¹Mishnah Ma‘aser Šeni 5:14. The Mishnah, referring to Levites, speaks of “cities and their (agricultural) surroundings.” The quote here, referring to Cohanim, speaks of cities of refuge (for the unintentional homicide) which were given to the Cohanim. says so: “Rebbi Yose says, they have their cities of refuge.” Where do we hold? If about heave and tithe, they are his. But it must deal with heave¹¹²Of which he is the recipient.. Rebbi Hila said, we [did] understand that if a person has only tithe, he declares; if a person has only First Fruits, he declares. We [now] understand that if a person has only heave, he declares.