Sifrei Devarim Reader

(Devarim 14:22) "Tithe shall you tithe all the produce of your seed which goes forth from the field year by year." We are hereby taught that the tithe is not to be taken from one year for another.

This tells me only of the second-tithe, of which Scripture speaks here. Whence do I derive the same for the other tithes? From "tithe shall you tithe."

Whence do I derive the same for the beast tithe? From "tithe shall you tithe."

R. Shimon b. Yehudah says: Whence do I derive that there is to be a beast tithe? From "tithe shall you tithe."

"which goes forth from the field": I might think that anything that grows in the ground, like issatis (a non-edible plant) and thorns, are subject to ma'aser; it is, therefore, written "Tithe shall you tithe … (23) and you shall eat."

I might think that even honey and milk (are to be tithed); it is, therefore written "which goes forth from the field year by year." In sum, the criteria (for tithing) are: going forth from the field and being edible.

From (Ibid. 23) "And you shall eat before the L-rd your G-d … the tithe of your corn, your wine, and your oil," I might think that only these are to be tithed. Whence do I derive (the same for) other fruits? From "the produce of, etc." Let it then be written (just) "produce."

If so, I would say: Just as "produce" is distinct in that it is stored for preservation, so all such growths are to be included (for tithing). Whence do I derive the same for rice, millet, poppy, and sesame? Whence would I derive pulse? It is, therefore, written "of your seed."

I would then include pulse, which is eaten as is. But I would not include lupine and mustard, which are not eaten as is. It is, therefore, written "which goes forth from the field." I might think, even what is not edible; it is, therefore written "and you shall eat."

Whence do we derive the same for greens? From (Vayikra 27:30) "and all the tithe of the land." (Ibid.) "of the seed of the land": to include garlic, cress, and berries.

I might think to include the seed of turnips and radishes, and garden seeds, which are not eaten; it is, therefore written "of the seed of the land," and not "all of the seed of the land."

"of the fruit of the tree": to include the fruit of the oak.

I might think to include the carobs of acacia and those of tzalmona and giduda, which are not eaten; it is, therefore, written "of the fruit of the tree," and not "all of the fruit of the tree."

Whence is it derived that one tithes what he eats? From ("Tithe …) and you shall eat."

I might think, (that it is tithed) even if it has not been completely processed (for eating); it is, therefore, written (Bamidbar 18:27) "as corn from the threshing floor and as the fullness (i.e., ripeness) of the pit."

I might think that he may eat a regular meal in the field (without tithing); it is, therefore, written "the field" (i.e., he must tithe it even there.)

And whence is it derived (that he must tithe) even what he sows? From "your seed."

And whence is it derived (that he must tithe) even what he stores? From "produce."

And whence do we derive (the same for) what he sells? From "which goes forth from the field." They said: Why were the shops of Bnei Chanan laid waste two years before (the destruction of) Eretz Yisrael? Because they exempted their fruits from the tithe, expounding "Tithe shall you tithe … and you shall eat" — and not what you sell; "the produce of your seed" — and not (that of) the buyer.

(Devarim 14:23) "And you shall eat before the L-rd your G-d, etc." R. Yossi says three things in the name of three elders:

R. Akiva says: I might think that one brings firstlings from outside of Eretz Yisrael to the land (to be sacrificed); it is, therefore, written (Ibid.) "And you shall eat before the L-rd your G-d, in the place that He shall choose to repose His name there the tithe of your corn … and the firstlings." From the place whence you bring the corn tithe (i.e., Eretz Yisrael) you bring firstlings. From outside Eretz Yisrael, whence you do not bring the corn tithe, you do not bring firstlings.

Shimon b. Azzai says: I might think that just as the Torah prescribed a partition between (the eating of) holy of holies, (these being eaten within the curtains) and (the eating of) lower-order offerings, (these being eaten within the wall of Jerusalem), so, it prescribed a partition between (the eating of) a firstling and (the eating of) second-tithe. But it follows (otherwise), viz.: A firstling requires "bringing to the place" and the tithe requires "bringing to the place." Just as a firstling is eaten only within the wall, so, second-tithe is eaten only within the wall. — (No, this may be refuted, viz.:) Why was the space of eating a firstling limited? Because the time for its eating was limited (— two days and one night). But, as to second-tithe, whose eating time was expanded (— up to three years), say that since its eating time was expanded, its eating space should likewise be expanded! It is, therefore, written "And you shall eat it before the L-rd your G-d in the place that He shall choose, etc." Just as a firstling is eaten only within the wall, so, second-tithe.

R. Yishmael says: I might think that nowadays one should bring up second-tithe (to Jerusalem) and eat it (there). But it follows (otherwise), viz.: A firstling requires "bringing to the place," and the tithe requires "bringing to the place." Just as a firstling is eaten only in the presence of the Temple, so, second-tithe is eaten only in the presence of the Temple. — (No, this may be refuted, viz.:) This may be true of a firstling, which requires blood and devoted portions for the altar — as opposed to second-tithe, which does not require these things. — This is refuted by bikkurim (first-fruits), which, though they do not require blood and devoted portions for the altar, they are eaten only in the presence of the Temple — No, (this may be refuted), viz.: This may be true of bikkurim, which require placing before the altar — as opposed to second-tithe, which does not require this! — It must, therefore, be written "And you shall eat before the L-rd your G-d, in the place that He shall choose to repose His name there, the tithe of your corn … and the firstlings, etc." Second-tithe is being compared to firstlings.

Just as firstlings are eaten only in the presence of the Temple, so, second-tithe is eaten only in the presence of the Temple.

Others say: I might think that if a firstling passed its time (for sacrifice) from one year to the next it would be invalidated as are the (other) offerings (in such an instance); it is, therefore, written "And you shall eat … the tithe … and the firstlings." A firstling is being compared to second-tithe, viz.: Just as second-tithe is eaten from one year to the next, so, a firstling.

(Ibid.) "so that you learn to fear the L-rd your G-d": We are hereby taught that the act leads to fear. "all of the days": both weekdays and Sabbath.

(Devarim 14:24) "And if it be too long for you": I might think that Scripture speaks of a length of time; it is, therefore, written "And if the way be too long for you" — a length of distance.

This tells me only of (one who has) much (tithes). Whence do I derive (the same for one who has) few (tithes)? From "so that you cannot carry it" (which can be understood as "so that you cannot carry it such a long distance").

This tells me only of a poor man (who lacks animals and wagons for transportation). Whence do I derive the same (i.e., "then you shall change it to money") for a rich man? From "for the L-rd your G-d will bless you."

(Ibid. 25) "then you shall change it to money": This tells me that he can exchange it only for silver ("Money," literally, is "silver.") Whence do I derive that he can use other coins as well as silver? It follows, viz.: Since offerings may be redeemed for silver and second-tithe may be redeemed for silver, then just as offerings may be redeemed for other coinage as well as for silver, so, second-tithe may be redeemed for other coinage as well as for silver. — (No,) this may be true of offerings, where other movables are equated with silver — as opposed to tithe, where other movables are not equated with silver! It is, therefore, written (twice, in 14:25) "money," "money," to include (any kind of money). (Ibid.) "vetzarta the money": Something which is customarily bound (litzror). These are the words of R. Yishmael. R. Akiva says: something which has a design (tzurah), to exclude an asimon (uncoined metal), which has no design.

"in your hand": to exclude (money) which is not in your possession.

"and you shall go to the place which the L-rd your G-d chooses": Shiloh or the Temple.

(Ibid. 26) "And you shall give the money": Three "monies" are mentioned herein: ([25] "then you shall change it to money," "vetzarta the money," [26] "and you shall give the money"), the first, for clean tithe; the second, for unclean tithe; the third, for what was bought with second-tithe money, which became unclean. R. Yehudah says: I might think that what was bought for second-tithe money, which became unclean, should be redeemed, and that this followed a fortiori, viz.: If second-tithe (itself) which became unclean is redeemed, then what was bought for second-tithe money, which became unclean — how much more so should it be redeemed! It is, therefore, written "the money" — the first money, and not the second money.

(Ibid. 26) "And you shall give the money for all that your soul desires": I might think, for men-servants and maid-servants, and land, and unclean beasts; it is, therefore, written "of herd and of flock."

This tells me only of food. Whence do I derive (the same for) drink? From "wine and strong drink."

This tells me only of food and drink. Whence do I derive the same for "enhancers" of food and drink, such as kosht, chimum, choice spices, tiah, hachlatith, peppers, and chalath charia? From "for all that your soul desires."

I might think, even water and salt; it is, therefore, written "of herd, flock, wine, and strong drink." Just as these are one fruit from another, originating from the earth [(Animals, too, derive their sustenance from the earth)], so, only all of this nature (is purchasable with tithe money).

"of the herd": We re hereby taught that a cow is acquired (for tithe money) together with its skin (i.e., the skin need not be sold for something which can be eaten.)

"of wine": the jug, together with its (storage vessel).

"of strong drink": pomace wine (made from grape husks steeped in water), after fermentation.

I might think he could buy (with the tithe money) a beast for his son's feast — it is, therefore, derived (that you may not, thus:) It is written here "rejoice," and, elsewhere (Ibid. 27:7) "rejoice." Just as there, with peace-offerings, so, here, with peace-offerings. — But (why not) just as there, burnt-offerings and peace-offerings, so, here, burnt-offerings and peace-offerings? For it is written (here) "and you shall eat … and you shall rejoice" — a rejoicing accompanied by eating, to exclude burnt-offerings, where there is no eating, (a burnt-offering being entirely burned).

(Devarim 14:27) "And the Levite who is in your gate, you shall not forsake him" (by not giving him first tithe): Wherever you find this Levite, give him of his portion (first-tithe). If he does not have his portion, he gives him second-tithe. If he does not have second-tithe, he gives him poor-tithe. If he does not have poor-tithe, he gives him peace-offerings. If he does not have peace-offerings, he feeds him from charity, it being written (26) "you … (27) and the Levite."

"for he has no portion or inheritance with you": This is the rationale (of the mitzvah).

(Devarim 14:28) "(If one delayed giving his tithes of the first and second years) From the end of three years, you shall remove all the tithe of your produce": I might think, even on the festival; it is, therefore, written (Ibid. 26:12) "When you finish tithing" (and the tithing of the third year's produce is not completed until Channukah of the fourth year).

I might think, on Channukah; it is, therefore, written (here) "the end," and, elsewhere (Ibid. 31:10) "the end." Just as "the end" there is a festival, so, "the end" here.

— But, perhaps, just as "the end" there is the festival of Succoth, so, "the end" here; it is, therefore, written "when you finish tithing" — the festival when the tithing has ended, i.e., Pesach. From here they ruled: On the eve of the last day of the Pesach festival of the fourth year and of the seventh year (of the shemitah), there was removal (of the tithe from the house). On the fourth year, by reason of the poor-tithe of the third year; on the seventh year, by reason of the poor-tithe of the sixth year.

I might think that removal (of the tithe) obtains on the seventh year, too; it is, therefore, written (26:12) "the year of the tithe" — the year when the tithe obtains, to exclude the seventh year, when the tithe does not obtain.

I might think that two tithes obtain in that year, (the first-tithe and the second-tithe); it is, therefore, written (Ibid. 26:12) "the year of the tithe": one tithe (of the two obtains), and not two.

This tells me only of the poor-tithe, of which the verse is speaking. Whence do I derive (for removal in the third year) the other tithes? From (Ibid.) "all the tithe of your produce."

"you shall remove": (even) from a place of cleanliness to a place of uncleanliness.

I might think that this holds for the other years, too; it is, therefore, written "in that year": It applies only in that year, and not in the other years. "in that year": You remove the produce of that year, and not greens that grew from Rosh Hashanah until Pesach, (for Rosh Hashanah begins a new year, so that it is the produce of the fourth year and not of the third.)

"and you shall place it in your gates": And if there is no poor man there, place it in the store-house.

[I might think that two tithes obtain in that year, (the first-tithe and the second-tithe); it is, therefore, written (Ibid. 26:12) "the year of the tithe": one tithe (of the two obtains), and not two.] But I would not know which tithe is replaced by the poor-tithe — first-tithe or second-tithe? It is, therefore, written (Ibid. 14:29) "And the Levite shall come, for he has no portion and inheritance with you" — The Levite comes and takes his portion (first-tithe) in any event, (and there is no second-tithe). These are the words of R. Yehudah.

R. Eliezer b. Yaakov says: This (verse) is not needed (to tell us this). It is written (Bamidbar 18:21) "And to the sons of Levi I have given all the tithe in Israel as an inheritance" — Just as an inheritance does not "move" (i.e., is not rescinded), so, the first-tithe.

I might think that leket, shikchah, and peah, too, (see Vayikra 19) are subject to the tithe; it is, therefore, written "And the Levite shall come, for he has no portion and inheritance with you." (For) things in which he has no portion or inheritance with you you give him (a tithe), to exclude those things (the above) in which he does have a portion and an inheritance with you, (viz. Vayikra 19:10) "To the poor and to the stranger shall you leave them."

(Devarim 14:29) "and the stranger, and the orphan, and the widow that are in your gates": I might think (that they take poor-tithe) whether or not they are needy. And do not wonder about this, for it is written (Ibid. 24;17) "You shall not take as a pledge the garment of a widow" — whether rich or poor. It is, therefore, written (Vayikra 23:22) "To the poor man and to the stranger shall you leave them." Just as a poor man is needy, so, all (to take poor-tithe) must be needy.

I might think (that they take poor-tithe) whether or not they are "children of the covenant"; it is, therefore, written (Ibid.) "and the Levite" — Just as the Levite is a "child of the covenant," so, all must be "children of the covenant."

"and they shall eat and be sated": Give them enough to be sated — whence they ruled: The poor man is not to be given less in the threshing floor than a half kav of wheat or a kav of barley.

"who are in your gates": We are hereby taught that we do not send the poor out (of Eretz Yisrael to earn a living.)

They said: There was a (poor) family. Nevlatah, in Jerusalem to whom they gave six hundred talents of gold (to support themselves), not wanting to send them out of Jerusalem.

(Devarim 15:1) "From the end (ketz) of seven years you shall make shemitah (a release)": I might think, from the beginning of the (seventh) year; we, therefore, reason: It is written here "ketz," and, elsewhere, (Ibid. 31:10) "ketz." Just as "ketz" there is at the end and not in the beginning, so, "ketz" here.

"You shall observe shemittah. And this is the word of the shemitah: Every creditor shall release his claim" - As long as you have shemittah (of fields) you must observe shemittah (of releasing claims).

"seven years": I might think (that a period of) seven years (is allotted) for each borrowing (before the loan is "released"); we, therefore, reason: Seven years are required until shemitah (non-working) of the land, and seven years are required until shemitah (release) of loans. Just as in the first instance, the shemitah is universal (i.e., at the same time for all lands), so, in the second, the shemitah is universal (i.e., at the same time for all loans).

— But why not go in this direction? viz.: seven years are required for (the release of) a Hebrew man-servant, and seven years are required for (the release of) a loan. Just as in the first instance, seven (distinct) years are required for each man-servant, so, in the second, seven (distinct) years are required for the release of each loan!

— Let us see to which instance that of a loan is most like. We derive something (a loan), which is contingent upon the shemitah (year), from something (land-shemitah), which is contingent upon the shemitah (year), and this is not to be refuted by the instance of a Hebrew man-servant, which is not contingent upon the shemitah (year).

— But why not go in this direction? viz.: We derive something (loans), which obtains both in Eretz Yisrael and outside of it from something (Hebrew man-servant), which obtains both in Eretz Yisrael and outside of it, and this is not to be refuted by land-shemitah, which obtains only in Eretz Yisrael.

It is, therefore, written "seven years" (here) - "seven years" (in respect to land-shemitah) for a gezeirah shavah (identity): Just as the seven years of (land-) shemitah are universal, (and not individual), so, the seven years of loan (-shemitah) are universal.

R. Yossi Haglili says: I might think that the seven years (of loan-shemitah) are individual; it is, therefore, written (in this respect, Ibid. 15:9) "The seventh year has drawn near, the year of shemitah." If seven years for each individual, how has it drawn near? It must be, then, that the seven years are universal (and not individual).

Rebbi says: I might think that money-shemitah obtains nowadays; it is, therefore, written (Ibid. 2) "And this is the word of the shemitah; release, etc."

— When you release land, you release money; but outside of Eretz Yisrael, where you do not release land, you do not release money.

It is, therefore, written (Ibid.) "because it has been declared shemitah to the L-rd" — (Money-shemitah obtains) both in Eretz Yisrael and outside the land.

(Devarim 15:2) "And this is the word of the shemitah": From here it was ruled: If a debtor returns his debt in the seventh year, the creditor must tell him: "I release it."

"And this is the word of the shemitah": From here it was ruled: Shemitah releases a loan, but the Jubilee year (Yovel) does not release a loan.

For it would follow: If shemitah, which does not release servants, releases a loan, then Yovel, which releases servants, how much more so should it release a loan! It is, therefore, written "And this is the word of the shemitah" — shemitah releases a loan, but Yovel does not release a loan.

A kal vachomer (a fortiori argument) that shemitah should release servants, viz.: If Yovel, which does not release a loan, releases servants, then shemitah, which releases a loan, how much more so should it release servants! It is, therefore, written (Vayikra 25:13) "In this year of Yovel, each of you shall return to his holding: "This" (i.e., Yovel) releases servants, but shemitah does not release servants. Shemitah releases (loans), but Yovel does not release (loans).

"release": I might think he also (releases) what was stolen from him or what he deposited with someone; it is, therefore, written "his claim" (and not the others).

And whence is it derived (that also released are) the wages owing a hired man and the credit given by a merchant? From ("his claim) that he has against his neighbor."

If in the end all are included, why is it written "his claim"? Just as "his claim" connotes his loan, so all that are construed as a loan (are released).

"He shall not exact it": This makes him subject to transgression of a negative commandment (if he does exact it).

"his neighbor": to exclude others (i.e., gentiles).

"and his brother": to exclude a sojourning stranger (ger toshav).

"because it has been declared shemitah to the L-rd": (The institution of money-release obtains) both in Eretz Yisrael and outside it.

(Devarim 15:3) "Of the gentile shall you exact": This is a positive commandment.

"and what you have with your brother (your hand shall release") and not what your brother has in your hand — whence it is derived that if someone lent on a pledge, shemitah does not release (the pledge).

"and what you have with your brother your hand shall release": and not one who hands over his bills (of indebtedness) to beth-din (i.e., Beth-din may present the bills for him; for then it is not his hand, but their hand that is doing so.) It is for this reason, for the general welfare, that Beth-Hillel instituted the prozbul (a declaration before the beth-din authorizing them to claim one's bills). For he saw the people ceasing to lend one another and transgressing (Ibid. 9) "Take heed unto yourself lest there be in your heart a thing of wickedness, etc." He, therefore, arose and instituted the prozbul. And this is the text of the prozbul: "I transfer to you, so and so, the judges, in this and this place, every debt owing me, that I may collect it whenever I wish." And the judges or the witnesses sign below.

(Devarim 15:4) "But there shall not be in you a poor man.": And elsewhere it is written (Ibid. 11) "For a poor man shall not cease from the midst of the land!" — When you do the L-rd's will, the poor will be among the gentiles, and when you do not do His will, the poor will be among you.

(Ibid. 4) "For the L-rd will bless you in the land." Scripture hereby apprises us that the blessing inheres only in the land.

"which the L-rd your G-d gives to you to inherit" — so that you inherit it.

(Devarim 15:5) "Only if you hearken to the voice of the L-rd your G-d": From here they stated: If a man hearkens but a little, he is given to hear much. If he hearkens to the words of Torah, he is given to hear the words of the scribes.

"to observe to do this entire mitzvah": that a "slight one" be as beloved by you as a "weighty one."

(Devarim 15:6) "For the L-rd your G-d has blessed you as He spoke to you": And what did He speak to you? (Ibid. 28:3-12) "Blessed shall you be in the city, etc."

(Ibid. 15:6) "And you will lend to many nations": I might think that you will borrow a sela (about two shekels) and lend a shekel, as others do; it is, therefore, written "and you shall not borrow."

"and you will rule many nations": I might think that you will rule others and others will rule you, as in (Judges 1:7) "And Adoni-bezek said, etc."; it is, therefore, written "and they will not rule you."

(Ibid. 7) "If there be in you a pauper": and not in gentiles.

"of one of your brothers": your brothers from your mother; "one (of your brothers"): your brothers from your father. We are hereby (["one"]) taught that your brothers from your father take precedence to your brothers from your mother.

"in one of your gates": The inhabitants of your city take precedence to those of another. "in one of your gates": If he sits in one place you are obliged to help him; if he goes begging from door to door you are not obliged to do so.

"in your land": The inhabitants of Eretz Yisrael take precedence to those who live outside the land.

"that the L-rd your G-d gives to you": (This extends the obligation) to all places.

"Do not harden your heart": There are some who agonize over whether to give or not to give.