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Mishneh Torah, Tithes 10

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10 β€Ž[1] When a person makes a commitment to be considered trustworthy with regard to the tithes [so that] his produce will not be considered as *demai*, he must tithe [the produce] he eats, that which he sells, and that which he purchases, and he must not accept the hospitality of a common person. He must make these commitments in public. When trustworthy witnesses [testify] that he made these commitments in public and that he continually observe these practices, he is considered trustworthy [and his word is accepted if] he says that his produce has been tithed. β€Ž[2] Every Torah scholar is always considered trustworthy. There is no necessity to investigate his [conduct]. His children, the members of his household, his servants, and his wife, are given the same status. When a Torah scholar dies and leaves produce, even if it was gathered on the day of his death, we assume that [the appropriate separations were made]. β€Ž[3] When the daughter of a common person or his wife marries a *chavair* or the servant [of a common person] was sold to a *chavair*, they must accept the [above] requirements as at the outset. When the daughter of a *chavair* or his wife marries a common person or the servant [of a *chavair*] was sold to a common person, we assume that they maintain their observance until they act in a manner that arouses suspicion. A son or a servant of a *chavair* who would frequently visit a common person must formally accept [the above requirements]. When a son or a servant of a common person would frequently visit a *chavair*, as long as he is in his domain, he is considered like a *chavair*. When he departs, he is considered as a common person. β€Ž[4] When a person himself is not considered as trustworthy, but one of his sons or servants or another member of his family is, food may be taken from him based on their statements. We do not harbor suspicions concerning the matter. β€Ž[5] If a person was considered trustworthy, but his wife was not considered trustworthy, we may purchase produce from him, but we do not accept his hospitality. If his wife is trustworthy and he is not, we may accept his hospitality, but we do not purchase produce from him. May a curse be visited on one whose wife is trustworthy, but he is not. β€Ž[6] A *chavair* should not serve as a waiter at a drinking party or a feast of a common person unless all [the food and drink] have been tithed and the appropriate separations made under his supervision. Therefore if one sees a *chavair* serving at a drinking party or a feast of a common person, he can operate under the presumption that the tithes and other separations have been made.

If we see such a person eating together with a common person, we cannot assume that the food served at the feast has been tithed. Perhaps the *chavair* is relying on the stipulations made in his heart. β€Ž[7] Just as a person may eat with a common person and rely on the conditions in his heart, so too, he must make a stipulation with regard to what his son eats. [This applies] even if his son is in another place. He does not have to make a stipulation with regard to another person aside from his son even if that person was together with him at the feast.

Therefore if the son of a *chavair* is present at a feast with a common person, we cannot assume that the food was tithed, for perhaps [the *chavair*] made a stipulation for [the food] his son ate. β€Ž[8] When a common person gives a *meah* to a *chavair* and tells him: "Buy me a bunch of vegetables or a cake," he may purchase it for him without any qualification and is not obligated to tithe it. If [the agent] exchanged the *meah*, he is obligated to tithe [the produce he purchased].

If the *chavair* was explicit and did not buy the produce without explanation, but instead said: "This bunch of produce that I am purchasing from you is being bought for my colleague and this bunch is being bought for myself," he is obligated to tithe [only] the produce that he took for himself. He does not have to tithe [the bunch he purchased for his colleague]. If these [two batches of produce] became intermingled, even if one measure [belonging to the *chavair*] becomes mixed with 100 [belonging to the common person], he must make the separations as if the entire quantity was *demai*. [Only] afterwards may he give the produce to the colleague who sent him to purchase them for him. β€Ž[9] When five people tell one person: "Bring us five bunches of vegetables," and [the agent] brings each person one bunch individually, the *chavairim* among [the recipients] are required to tithe only their portions. If [the agent] brought [the entire quantity] mixed together, the *chavairim* among [the recipients] are required to separate tithes for the entire amount. β€Ž[10] When a common person tells a *chavair*: "Collect figs for me from my fig tree," the *chavair* may snack from them and tithe them as one tithes *demai*.

If a *chavair* told a common person to gather figs for him and another *chavair* heard him, the latter may partake [of the figs] without tithing them. [The rationale is that] a *chavair* will not release produce from his domain unless the appropriate separations were made. [Thus] we can assume that [the owner] separated [*terumah* and the tithes for this produce] from other [produce]. Although [generally] we do not suspect that a *chavair* will separate *terumah* from produce that is not in the same place as the *terumah*, he may do so to prevent the common person from confronting a spiritual stumbling block. β€Ž[11] It is permitted to feed *demai* to the poor and to guests. They must, however, be notified of such. If the poor person or the guest desire to make the appropriate separations, they should. β€Ž[12] The collectors of charity collect from all people without clarifying [whether separations have been made] and they divide the donations without specifications. If one desires to make the appropriate separations, he should. β€Ž[13] When a doctor who is a *chavair* is feeding a common person who is sick from the produce of a common person, he should place [the food] in his hand, but not in his mouth. If the *demai* belonged to the doctor, he should not even place it in his hand. And similarly, if he knows that it is definitely *tevel*, it is forbidden to place it in his hand.

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Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007

Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI

License: CC-BY-NC

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